The Garden Island. [volume] (Lihue, Kauai, H.T.) 1902-current, 1913-03-11
FISH and FOWL

The fact that the present admin
istrators of Our land laws grant
privileges to one section of the
Territory which they will not ex-
tend to others, was demonstrated
last week when the Haiku Associ-
alton CT Maui OIL Saturday, drew
homesteads of so acres each under
the Settlement Association act,
and a the same time Kauaian
signers of a petition for the same
privilege were denied a like request.
The following communication
received by prominent Waimea
citizen, one of the petitioners for
the above privilege, has been given
this Office, and is reproduced S
evidence of the peculiar way in
which Our land laws are handled:
Honolulu.
Dear Sir:
l have f or acknowledgment
your letter. Upon my return to
Honolulu, the matter of the size
of the new Kalaheo lots was gone
into very thoroughly, and it was
deemed best Tor all concerned to
have these lots divided into an area
of twenty acres. And again, these
lots will be opened only under the
special homestead agreement form
and not under the settlement asso-
N;ottA,, ,N1o,, AZ rcf i,,tn,,1-
ed to have them in larger areas
but all matters having been taken
into consideration, this final decis-
ion was arrived at-that is, twenty
acres each.
Yours very truly,
JASHUA D. TUCKER,
Commissioner of Public Lands.
From the above letter, we can
but infer one th1ng-that the land
department officials are influenced
in the direction of their affairs
Were it not SO, then how can they
satisfactorily explain the granting
of the privilege to some and a re-
fusal to others.
That the reader may form more
definite idea of the high handed
way in which the officials are con-
ducting the affairs of the land de-
partment, we give herewith, the
laws governing that part concern
ing the taking of homestead.
The selection of lots, by the
applicants who have numbers as
signed to them, will take place at
different times in h different
land divisions as shall be advertis
ed by the commissioner of public
lands. At such places, the names
of the persons holding the numbers.
assigned to them for that land divi-
sion will be called in the order of
their numbers, beginning with No.
1; and must then make their selec-
ton of lots and also of the method
by which they will take their lots
that is, whether by the special
homestead agreement; homestead
lease; right of purchase lease or cash
freehold agreement method. +"
According to the meaning of the
law, then, the homesteader has the
right to take up land as an associ-
alton if he so desires, and for the
land officials to dictate any other
arrangements should b e deemed
unusual to say the least. That
they have done so In the case of
the Kalaheo tract is clearly indica-
tedin Mr. Tucker communication.
1T is deemed best for all concern
ed" says the commissioner, to
divide these lots into twenty acre
tracts" We would ask the Homo
rable Commissioner to whom he
refers when he says all concern
ed" Under ordinary circum-
stances, those mostly concerned
are the homesteaders. The only
other parties concerned, are those
representing the government. Of
the two, we would ask our readers,
which should receive the first con-
sideration-th officials or t h
homeSteader! Since the puDllc lana
department is established for the
benefit of the public, and that fat
salaries have been provided for
the officials who are supposed to
carry out these laws to the great
est benefit of the public, it is only
natural to suppose that the public
should receive first consideration.
Has it in this case? 1t certainly has
not. The officials have deliberately
informed us that the land will be
allotted to suit the department, or
words to that effect. The home
steaders petitioned for fifty acres.
The officials are willing to grant
twenty. We observe II o reason
given in the above letter from the
tho 1ntc vKrare