The Hawaiian gazette., 1915-11-09

twenty-five petitioners and in reference
to bringing all Of said lands immediate
ly into the market.
Wants Law Complied With
Fifth: That the respondents be or
dered, directed and commanded to
forthwith comply with the Act of Con
gress of May 10, 1910, which directed
them to open up and survey reasonable
amount Of desirable Agricultural lands
and also Of pastoral lands in various
parts of the Territory for homestead
purposes, on or before January l, 1911,
and further directed to annually there
after cause to be surveyed for home.
stead purposes such amount of agricul.
tural land and pastoral lands in va
riOus parts of the Territory as there
may be demand for by persons having
the qualifications of homesteaders, anu
that in laying out any homestead, the
Commissioner Of Public Lands should
Include therein an amount not exceeding
eighty acres, sufficient to support there,
on a family; which said provision and
command Of congress they have failed
to comply with in any respect, and that
they nov be Immediately required to
comply with the same by surveying and
bringing into the market all the landt
in said Territory and place thereon a
fixed and reasonable price and all the
entrymen to elect as to whether he shall
pay cash for the land and take pa
tent at once, OF, win purchase the same
under time contracts.
Quotes Organic Act
In the petition Judge Stuart alleges
that he is a citizen of the United States
and is entitled TO make entry and be
come owner of public land; that on
July 7, 1898, Hawaii was annexed to
the United States Gas an integral part
thereof; that the public lands passed
to the United States and that the dis
position of these lands became vested
in the congress of the United States.
He quotes from section s Of the Or
ganic Act Of Hawaii, enacted by Con
gress on April II, 1900, as follows:
"That the Constitution and (except At
herein otherwise provided) all Of the
laws of the United States (Which are
not locally inapplicable) shall have the
same force and effect within the said
Territory as elsewhere in the United
States" He quotes, further, from the
same authority: ''That the laws Of Ha-
wall not inconsistent with the Constitu-
tion or laws of the United States or the
provisions Of this Act shall continue in
force -. %
Judge Stuart then goes on to say
that the Organic Act made it imperative
on the Governor and his land commits,
sioner whenever twenty-five or more
persons ''havihg the qualifications of
homesteaders shall make
written application to expe-
ditiously make a survey" Of such land
applied for and to open the land for
public entry in lots of eighty acres each.
In the petition the following is un,
derseored;
To Encourage Citizenship
But in addition to said provision, it
is also declared In said Act of Congress
TO be the duty of the respondents to
open for homestead entry, whether un,
der lease or not, q reasonable amount of
desirable agricultural lands, and also OF
pastoral lands in various parts Of the
Territory, ON or before January |, 1911,
and annually thereafter to cause to be
surveyed for homestead purposes such
amount of agricultural lands and pas
toral lands in various parts of the Ter
ritOry, rs there may be demand for by
persons having the qualifications OF
homasteadeTs. That such Homestead
should not exceed eighty acres and be
sufficient to support thereon an ordinary
family; that the object of said Act
was to encourage immigration of Unit
ed States citizens from the mainland to