Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-02-27

iiment TO be made by the Hupahoehoe
Sugar Company with ceI1in holders
OF special homestead agranents COW
ering government lands il the yicin-
| ity of the sugar companjs lands al
North Hilo, and you rauested my
opinion as to whether not such
cane cultivation agreelkats com
piled with the terms ofthe special
homestead agreements al with the
law covering the matter I the acqui-
sition of public lands.
! The proposed cane cultivation
agreements briefly statedbroyide that
the sugar company wiiIlat its own
expense, cultivate end Ire for the
crop Of ration cane nowerowing Oh.
said lot-and at the naa1ity of the
said cane or as soon thekafter as it
In its Judgment considerSbroper, will
cut, bundle, weigh AM tltssport said
cane to its factory" thetMgar com
pany agrees to weigh nj less than
one bundle in every 1dbundles OF
cane and pay for the dne on this
average weight: 1t furtht agrees 10
pay for each ton Of saackayeh Zines
the New York quotatioh one pound
Of duty paid sugar, of 96iegrees po-
larization. on the day d which Che
last of the cane is hartsted. The
homesteader agrees thai the sugar
company shall have exlusiye right
to cultivate and care forthe crop Of
ration cane now grown4un his said
lot and at the maturity the same
or as soon thereafter q the sugar
company in its judgnet considers
proper, Il may cut and larvest and
remove from said lot allbf the cane
growing thereon; !" the lonlesteader
further agrees not to iierfere with
the sugar company in itsFork Of cul-
tivating and harvesting be crop and
removing the cane WIZ harvested,
and that the sugar company and its
employees shall have thi right OF en-
try upon the lot until Buch time as
the cane growing thef0h is finally
removed by II"
now call your atention to the
following clauses in I'll special home
stead agreements stned by each
homesteader:
..The purchaser balls cultivate
and maintain undeIcultivation at
least per cent dsaid land
from the end oahs first, sec
ond, third, fourth Ind fifth year
respectively after Iaid date until
entitled to a patel for said land.
Such cultivation I'D maintenance
shall be by or unRr the ininedi-
ate control and ERECTION Of the
purchaser"
In the case of intte Henderson, u
Haw. 1O4. commonl called the Kali
wiki Homestead de the supreme
court, constituting somewhat similar
clause in a cash teehold agreement,
said as follows:
zone of the rms of the free
hold agreemen contained this
clause. culti1ion of not less
than % per c9um OF the area
of said nremisd ~. at any one
time before thI end OF the third
year.
ut has been atued that the clause
in question doeslot provide that the
cultivation shalIle done by the tree
holder and thads the land was uii-i
aer cultivation Ii the time the al-
pellee acquiredt, the condition was
If once fuIfilled Although the clause.
does not exprejly so state, it must
10 construed tdhean that the cultiva-
ton is to be Irformed Dy the Iree-
holder We dohot mean by this that
II is ,nccessarilto be done by the free
holder with hi own hands, but that
II must be ode by him or by his
servants or aphts for him; the crops
crown must bAis crops and not those
of another different construction
would not acfd with the spirit and
intent of thcI portions of the land
act IF 1895 ri. chapter 22), relating
to the hornesading of public lands,
of which thdproYisions relating to-
cash freehold are part. The gen.
eral nurpose hid intent of those por-
tions Of heitatute may be briefly
stated to belize settlement and oc-
cunation of Ericultural and pastoral
lands by citfn fa~pers and the en-
couragment 1.-THE diversification of To-
cal industriefor the social, political
and materialbenefit)of the country.
To thilend also he IS expected
and re0uiredo cultivate the land, for
IL is for tbaNery purpose that he is
sunnosed tohve applied for it. 1t is
with that oltct in view that the gov
eminent offs such lands to settlers
at less thaItheir full value and re-
ouires tbento make oath that they
annIied forhe land solely for their
own use anlbenefit. !"
| understnd the facts In thls case
Ia no that he lands opened at Lau-l
naboeboe al disposed of under spe-
ciaI homeyad agreements we're, at
the time til we're opened. planted in
cane and lat it is proposed to per-
NIT the initiation, by virtue of these
spreementito take off only the pres
ont ratoofrop, and that as soon as
sucb cropI harvested the homestead
ers NAV mt cane or whatever other
: pricuIt,uJ product they choose to
nlant andtarry out their agreements
as they 3 fit. 1t does not seem to
me thar iWould be good government
al nolicykven if the agreements al
raadv exh1ted and delivered permit