Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-02-27
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LANDRDISM
| ON HIESTEADS
ecOntlaulora paee one,

(Continufom page onel
ment to be mby the Laupahoehoe
Sugar CompaTith certain holders
OF special hUkad agreements COW
ering governf lands in the vicin-
fly OF the s1eompany's lands at
North Hilo. you requested my
opinion as thether or not such
cane cultiYd agreements com
piled with terms of the special
homestead 3nents and with the
law coverinf matter of the acqui-
sition of puhnds.
The pnd cane cultivation
agreements ~ stated provide that
the sugarsbny will, at its own
expense. eate and care for the
crop OF ratane now growing On
said lot-ai the maturity of the
said cane soon thereafter as it
in its jude considers proper. will
cut. bundl5gh AM transport said
cane to idory;;" the sugar COM
many agrd weigh not less than
one bundl every 10 bundles of
cane and for the cane on this
average it further agrees to
nay for ebn Of sane ,ayeIi tines
the New Quotation of one pound
IF duty ,|ugar of Sc degrees POI
larizatIa.z the day on which the
last at Inc is harvested. Thel
homeste.Rgrees that the sugar
comnan,Ill have exclusive right |
"a cnltitInd care for the crop of
ratot,n low erowing on his said
lot and e maturity of the same
or as thereafter as the sugar
comnan its judgment considers
Ironer by cut. and harvest and
ran,ov, said lot all OF the cane
oroui { keon;;'' the homesteader
Firth 1-es not ito interfere with
tbe npany in its work of cul-
tivatirS harvesting the crop and
rer,o,;Ie cane when harvested,
and rs sugar company and its
Iemn,< Jail have the right Of en-
t,v he lot until such time as
The -owing thereon is finally |
ramM it,
In your attention to the |
8faild buses in the special home
ssssI Ements signed by each
shorne
jurchaser shall cultivate
an,5tain inder cultivation at
leaber cent of said land
fTDb end Of the first, sec
asdd. fourth and fifth year
4lely after said date until
ITO patent for said land.
salvation and maintenance
en- by OF. under the iInmedi-
irol and direction of the
n,kr.D
I i,5ase Of In Re Henderson, q
1Ysrl commonly called the "Kai-
vii kestead case" tie supreme
onslstruing somewhat similar
cls1 cash freehold agreement,
sllollows:
of the terms of the free
sAgreement contained this
cultivation of not less
b per centum of the area
premises at any one
lefore the end of the third
been argued that the clause
!, Ion does not provide that the
<,lpn shall be done by the tree
fAnd that as the land was uii-
,livation at the time the ap-
,,lcquired it, the condition was
fulfilled. Although the clause
% expressly so state, it must
trued to mean that the cultiva-
to be performed by the free
We do not mean by this that
aessarily to be done by the free
with his own hands, but that
Il be done by him or by his
is or agents for him; the crops
must be his crops and not those
ither. A different construction
not accord with the spirit and
of those portions of the land
1885 fR. l.. chapter 22), relating
demonstrating of public lands,
ich the provisions relating to-
'reeholds are a part. The gen.
urpose and intent of those por-
of the statute may be briefly
to he the settlement and oc-
on of agricultural and pastoral
by citizen farmers and the en-
,ment of the diversification of To-
1ustries for the social, political
benefit of the country.
To this end also he is expected
.quired to cultivate the land, for
or that very purpose that he is
led to have applied for it. 1t is
hat object in view that the gov
MT offers such lands to settlers
) than their full value and re-
them to make oath that they
for the land solely for their
Sc and benefit"
derstand the facts in this case
that the lands opened at Lau-
zoe and disposed of under spe-
agreements were, at
ne they were opened, planted in
and that it is proposed to per
e plantation, by virtue of these
lents, to take off only the pres
toon crop, and that. as soon as
rop is harvested the homestead
~ plant cane or whatever other
Itural product they choose to
and carry out their agreements
Y see fit. 1t does not seem to
It it would be good government
cy. even if the agreements al