The Hawaiian gazette., 1915-11-09


ship 'tEE-n
Judge Stuart then charges that the
Governor and the land commissioner
have wilfully violated the spirit and
the letter Of the law; that they have
been asked TO open homestead lands
and have refused, giving frivolous .ex.
euses for their refusal to do as requested
under the terms Of the law. Here fol.
lows the language Of the petitionI -
Wilfun Violations Of Law
"That said respondents have each
wilfully violated said requirements of
Congress in each and every respect
that although there has been repeated
demand made by twenty-five and more
persons for tracts Of land, that the re-
spOndents and each Of them have failed
and refused to comply with such 70.
quest, and have failed and refused 70
survey and open up any land, although
inquiry and demand has come therefore
from all parts Of the United States.
THAT respondents give frivolous ex.
euses for their non compliance with
said Act, among which are that they
will not allow eUtry Of any land until
a road shall be built or constructed
thereto; and further that said landh
should be held to meet the public debt;
and still further that lands heretofore
leased by the corporations should not
be taken from them upon the expiration
of such leases, but should be held for
them; that they have discouraged and
stopped settlement in Hawaii, and
those who were trying 70 procure set
tiers to come to Hawaii; that they have
publicly declared that there were no
lands in Hawaii subject to entry, when
in truth ahd in fact there IL las shown
by their Report of 1919 over 1891
S1S.27 acres.
Played With Congress-
"That they have alleged, where leas
es were expiring and the few tracts
that might exist, that said land should
be held for the corporation land own.
ers; that they have made out of the
Acts of Congress dead letter in this
and other respects, and have discourag.
ed and prevented thousands Of citizens
from the mainland from settling in and
upon the public lands of the United
States in Hawaii, as they have the
right to do; that they have deprived
many hundreds OF citizens now resi-
ents In Hawaii from obtaining lands
and homes; that they are wrongfully
Withholding the public lands from en-.
try, and at the same time are shipping
In foreign peon labor at heavy expense
to the tax payers; that in the last two
years, over $4,000 FilipinOs Of the low.
er and criminal class have been intro.
duced into Hawaii, through the person.
al activity Of said respondents.
Mentions Land Monopolists
"That since the passage of the Inst
Act Of Congress in 1910, it has never
been complied with in word or spirit
by said respondents, but they have vir.
tnally withdrawn from entry all public
lands in the Islands of Hawaii. That II
Is true respondents have opened up n
few small tracts where it might not in
terfere with the land mOnOpolists, the
said tracts ranging from FIVE to fifteen
acres each, and wholly insufficient to
support family and in no sense com.
plying with the Act of Congress.
"YOur petitioner alleges that re-
spOndents well know that the area al.
lowed by them is wholly insufficient to
support thereon an ordinary family.
Different Kind Of Sauce
"That the respondents have hereto
fore allowed entry of large tracts Of
lands in the tens of thousands of acres
TO the plantations and corporations
without any conditions or reservations
concerning the same; but to the small
entries of a few acres for homesteads,
they have attached many annoying, of.
fensive, foolish, absurd and unlawful
conditions that render the right of
homestead a farce and cheat upon the
ordinary man.
pakttfnnar olla0a, fhof woannnHanta
cannot, under the Constitution of the
United States, thus discrirninate in ia
vOr OF certain class and against an.
other class of citizens; that the entries
of public lands must be open to all ON
the same conditions and restrictions;
that they have no right to enforce con
diti0ns and restrictions against entries
on small tracts; that they have hereto
fore entirely waived in favor of the
corporation as to the larger and more
valuable tracts; that having waived
such conditions as to part, they are
thereby waived as to all entries. :,
Want Rules Changed
That the rules and regulations un.
der which defendants require these en-
tries Of small parcels of land to be
made: GAY Abridge the privileges and
immunities of the citizens of the Uni
ted States; (b) Deprive said citizens of
liberty and property without due pro
cess of law, and (c) Deny to said citi
zens the equal protection of the laws
and make out of such citizenship n
peon class that must depend upon the
large corporation land owners for sus
tenance.
"That the climate of Hawaii is the
most salubriOus and her lands the most
productive known to the world, Much
Of said land 30 withheld has produced
and is capable OF producing over $3.50
net per acre annually. That had the
citizens of the United States been per
mitted to make entry Of said land, az
provided by Congress, there would have
been thousands of homeseekers from
all parts of the United States located
thereon.
Everything Is Contrary
"That all of said acts, rules and pro
visions are contrary to both the letter
and spirit of the Constitution of the
United States and the Acts Of Congress
in TIE premises.
"That said unlawful rules and regu
latiOns made by themselves, make re