The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-05-03
DEATH TO FAKE
HOMESTEADING
CONTINUED from Page one.)

emphatic language. The syllabus says:
I" A distinction exists between resi-
dencer and 'home.' The occupying of
a house on certain piece of land, for
the length of time required to obtain
/ title, without making it home within
the proper meaning of the term, but
for the purpose merely or making a
showing to obtain patent to the land,
and with the intention of going to live
elsewhere Immediately upon the expi-
ration Of that time, does not constitute
la compliance with the Requirement of
section 326, R. L., to maintain home
on the premises, for the intention and
good faith inseparably involved in the
idea of the maintenance of home are
not present.,
Rules for Homesteading.
Even stronger are the expressions of
the court with regard to the matter of
the contract with Hakalau plantation,
and the duty of those who try to be
homesteaders to do their own farming
The attitude taken by the Frsar admin
istration is sustained in most emphatic
terms. The court in its ruling that the
cultivation of lands by freebooter,
must be done by him or for him by his
servants or agents, puts an end for
ever to any system of taking mp sugar
lands as homesteads and turning them
lover to plantations under lease, or crop
raising agreements. On these points
the syllabus says:
"An agreement between a freehold
err and another whereby the former, for
a valuable consideration, gives to the
other the right to enter upon the land
held under freehold agreement and to
grow and harvest crops of sugar cane
thereon constitutes an assignment of a
part of the freeholder's interest under
the freehold agreemnt within the pur.
view of section 326, r. L.
''The cultivation of premises in com
pliance with the statute must be done
by the freebooter or for him by his SER
wants or agents. The crops grown
must be the crops of the freeholder and
not those of another"
History of Case.
The Henderson case has been motor.
ious for long time, and has been made
a good deal of political issue. The
attitude of Governor Frear's admins
tration in refusing to allow titles to be
given to Henderson and his associates
was used by Kuhio and Others as part
LhSll W ShOW ludl JHt du-
ministration was opposed to homestead
ing. When Judge Parsons rendered a
decision sustaining the homesteaders it
was claimed that the court had sustain
ed the homesteaders and Kuhio follow
ers as against the administration
Points Raised.
The four points raised against the
homesteader were, first that he had not
planted the number of trees called for
under the land laws; second, that he
had not made the land his real home
third, that he had violated the law by
practically assigning his homestead to
the plantation, and fourth, that he
had not cultivated the land as required
by law. On the comparatively unim-
portant tree planting question the
court holds that the homesteader's ac-
tion was all right, but on all the Others
it holds against him. In discussing
these points, laying down rules to be
followed for all future homesteading
the court says:
"The photographers give the words
home residence, dwelling, abode,
, habitation' and domicile' as syno
nyms. At the same time some of then
f recognize a distinction as to the WORD
'AphiN' Ii hCboitI NEW lnIeT0a
, tional Dictionary, in note to the
a word 'habitation' it is said, 'home' de
: notes dwelling place, but connote:
. especially all the range of sentiment
and feeling associated with it. Home
: is not mere synonym for house. Will,
r the terms of the freehold agreement re
$ quired the appellee to maintain hi
: home on the land only from tht enc
I OF the first year to the end of the thirC
year, the fact that the appellee did no
begin to live there until the last pos
: slble day and ceased to do so on tn,
a earliest possible day, taken in connec
!. ton with what will hereafter appea,
: with reference to the disposition h,
:. made of the land lends a color to th,
:. character of his residence on the LAM
v quite disadvantageous to his claim tina
. he made the place his home. It al
a tends to show that he took no interes
4 In the place and that it was not regard
q ed by him as a fixed place of abod
y, with the present intention there TO re
!, main. 1t indicates, on the contrary
- an intention to make a technical com
i plianee with what seems to have beer
= distasteful requirement of his agree
9 ment, and shows kind of residenc
a which in the last analysis. was merel,
n colorado and entirely lacking in the ess
= sential element of good faith. The oc
cupying of house on a certain piec
;, of land for the length of time require,
4 to obtain title, without making il
nome within the proper meaning of tn
/ term during that period, but for tin
!. purpose merely of making a showing {
!; obtain patent to the land, and Wit,
n the intention of going to live elsewher
" immediately upon the expiration of tina
a time, does not constitute a complianc
y with requirement to maintain a HON
a on the premises, for the intention an
" good faith inseparably involved in III
idea of the maintenance of home ar
not present.
"certaln II is that when the an
% pellee for valuable consideration CAV
n to the plantation the right to enter upoI
J. the land, and grow and harvest crop
i he transferred to the plantation, in !
y far as the limited nature of his estat
permitted, an interest in the Ian
which We hold amounted 10 an assign
H..a.N 4