The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-02-13

Copies of the decision of Circuit
Judge Parsons in the very important
Henderson homestead case were re-
ceived by mail yesterday, and were
read with great interest by Governor
Frear, Attorney General Lindsay and
Land Commissioner Judd. The court g
findings have very direct bearing on
the pending political controversy over
public land policies, and as the case
4 is a test case upon which a number of
others depend, it will set an important
mark, if it is sustained on appeal, in
the development of the demonstrating
policy.
Homesteading for Plantation.
Judge Parsons upholds the home
,teader all along the line, despite a
showing of very close agreements by
which Hakalau Plantation appeared to
De the real cultivator of his land. The
decision, going into the matter in con-
siderable detail, sustains, it is stated,
the right of citizen to bid in home
stead and practically turn it over to a
Of the land is concerned, during the
decision is in part as follows:
4 "On July 18th, 1907, the respondent,
Alfred Rannie Henderson, who had
Heretofore duly filed his declaration of
intention to become citizen of the
United States, fled with the subageAt
Of public lands for the First Land
District of the Territory of Hawaii an
duplication for 25.95 acres of first class
agricultural land known as Lot No. 33,
Map 1882, of Kaiwiki Ill, in the Dis
srict of South Hilo, Hawaii.
son the same day respondent, at an
iuction sale, became the purchaser, for
NBl610, of said lot under freehold agree.
nent No. e. subject to the terms and
conditions of said agreement and the
aw applicable thereto.
'On the Gath day of July, 1907, the
respondent entered into a written CON
;ract entitled Planting Agreement
With the Hakalau Plantation Company
Tor the cultivation of sugar cane upon
said land.
''On the same date DULY oath, 1907
he respondent delivered to the Hakalau
plantation Company a letter, wherein
he said: As / am unable at present to
cultivate all of my lot 33. Kaiwiki
Homesteads, will you please furnish me
with men and mules to do SO and will
pay for same on completion of my croT
Sf cane. Said letter being addressed
% the Hakalau Plantation Company
and signed by the respondent.
"On the same date the respondent
- 80.
he plantation whereby he was to ac
,ept and the plantation to pay FIVE dol
: airs per acre per annum in lieu of the
ret price of sugar cane agreed upon
the instrument termed the planting
agreement.
Plantation Cultivated the Land.
"Under these two agreements the
plantation reduced to cultivation al
put two or three acres of said tract
he last named two or three acres com
prising Henderson s houselot and the
and lying in two gulches, which is I'M
Favorably located for the raising OF
zane. In these gulches, during the time
If Henderson IS occupancy of the land
we're trees, principally kukui and ohia
he exact number of which is in dis
Dute.
Also Built the House.
"In June, 1908, the respondent
ERECTED upon said land a one-room cot
age of rough lumber. 10x12 feet il
size. costing about $3.50, and an out
lcuse and stable costing about s2i
more. furnishing the house with bee
and bedding, table. chair. books, LAM
and writing materials. The materia