The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-02-09
HOMESTEAD CASE
FINALLY SETTLED
(cOntinued from pace one.l

very technical sense, If at all, the con
ditions of residence.
A year after he bought the tract
Henderson moved on to it, from his
home in Hakalau plantation cottage
After two years, during which, il is
claimed, his residence on the homestead
was only an effort at technical oceu'
pancy, he moved back to thu same cot.
tage he had had for a home before.
When Henderson came to apply for
his final title to the land, the terri.
torial administration took the position
that he was not bona fde homcsteadcr
and refused to give him title, Pro.
ceedings were brought against the land
commissioner to compel the issuance of
a title, and Judge Parsons has now held
that title must issue.
Turned over TO Plantation.
Henderson's contract with Hakalau
plantation provided that he might cul-
tivate and sell the product to the plan.
tation, and also contained an agreement
that he would do so. 1t was further
provided, however, that if he failed to
cultivate, the plantation might cen
ter into possession of the premises
and do the necessary work, crediting
the homesteader with cane produced. AT
the time the contract was made, the
homesteader gave written notice to the
plantation that he would not be able
to cultivate all his lot, with a request
that the plantation proceed to do SO.
"The homesteader 3 sole interest, al
he himself stated says the Terri.
tory's brief on the subject, lay in get.
ting his five dollars per acre per year
He also testified that he had not the
remotest idea how much cane had been
cut at any or all times from his home
stead; that he did not know how much
fertilizer, if any, had been used or how
much it cost; that he did not know
what the labor or any of it cost; that
he did not know how much sugar was
made from the cane or what it was
worth; in short, that he did not know
any of the. details whatever connected
with the cultivation beyond the fac
that by this agreement he was to re
ceive, from the plantation, this regular
stipend, no matter what happened. Ii
short, the plantation has somehow &C
quired full control over all the planted
area, which includes all but the house
lot and the gulch sides. -
|
According to testimony at the hear
ing Henderson did not have money t,
make the first payment ON the lane
when he bid at the auction, and he ties
tilted that the plantation made tn
final payment 1t was further testife,
that he made only one of the four pay
ments, the plantation paying the othe
three.
Another fact which the government
relied on, as testified to by one witness
was that at the time of the sale Man
agcr Ross, of Hakalau plantation, wa
present and indicated to Henderson, b.
Isigns, when to bid.
The Laws Provisions.
The land laws provide that fret
holder shall not " assign or sublet, cor
ditionally or otherwise, his interest @
any part thereof under the freehol
agreement.'' The Organic Act, a
amended in 1910, says: "No land flo
which any such certificate, lease Q
agreement shall hereafter be issued, o
any part thereof or interest therein Q
control thereof shall, without the writ
ten consent of the Commissioner an
the Governor, be contracted to or b
in any way, directly or indirectly, b
: process of law or otherwise, conveyed
mortgaged, leased or otherwise tram
, ferred to, or held by, or for the benef
of any alien, or corporation. -
Officials Surprised.
Attorney General Lindsay and SUI
, erintendent Marston Campbell, WI
was land commissioner at the beginnin
of the Henderson case, appeared to
surprised at the decision when informe
| of it by The Advertiser yesterda,
Lindsay said that the ruling was
) highly important one, and he was an
ious to read it. 1t may have fla
reaching effect on future land HON
g stealing plans of the government
. Judge Parsons, in lengthy decisio
S has apparently gone into details as
2 what constitutes Substantial COZ
: pliance with the law, and if his view
are sustained they will form the ru
for such cases all over the Territory.
"I do not recall the special detail
of the Henderson case,o said Cam
bell. 81 am confident that there w
no compliance with the law in some
+ those cases. know one plantati,
blacksmith whose homestead was {
teen miles away from where he work.
every day, and / suppose he tried
convince the court that he rode thir
+. miles day to and from his work.
-~-4.s--
o. Mizima of Yokohama Specie Bal
I arrived on the Shinyo yesterday al
e will make a considerable stay here |
q fore continuing to the mainland
;nto Inrl,;nox conditions ~