The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1915-04-27
SENATE REFUSES
TO Tinker WITH !,
HOMESTEADLAW
". '.-..g -----------s
Tables Memorial To Congress
Asking Amendment To
Organic Act
Committee of the Whole In Favor
of Some Points But
Kills the Bill
(From Sunday Advortiscr.)

Senate concurrent resolution number
two, introduced by Senator Baker on
April Is, to memorabilia congress to
amend the Organic Act relative to pub
, tic lands Of the Territory, was tabled
on Saturday on recommendation Of
the committee Of tle,whole senate, Sen
ator Metzger in the chair.
! The resolution, along lines similar to
those of the message read by the Gov.
,ernor to both houses of the legislature
on April 20, placed discretionary powers
in the hands of the land commissioner
! instead of making his duties mandatory
as the Organic Act now specifics.
Senator Castle remarked, during the
discussion, that the s. Territory was
throwing away its credit, under the
present system of disposing of public
lands. Whether congress would act in
the premises, if the Legislature passed
this resolution, was n question, but he
thought there would be no harm done
by thus memorializing the national
lawmakers. ( ~ 'TitfI
Senator Makekau opposed the meas
| ure on the ground that IL would be put
ting too great Discretionary power
In the hands of the land commissioner;
If IL was left TO the land commissioner
TO say whether or not homestead lands
should be issued, there would be no
more homesteads given out.
Senator Rice! did not want to see
| Hawaii 90 back to the old method,
whereby the people had to fight to have
the land homesteaded, and if the man
date of the organic act was to be re-
moved and the land commissioner acted
according to his own discretion, all
homesteading would be in danger of be-
ing blocked. OF course, the public
lands, as the Governor message saih,
should not be FILTERED away, but there
was danger Of going to the other ex
treme.
The resolution sought to amend para
graphs 8 and 9 of section 70 of the Or
ganic Act, the first paragraph to read,
in effect:
"No sale of lands for other than
homestead purposes and no exchange by
which Territory shall exchange lands
exceeding either forty acres in area or
$4,000 in value, shall be made. No lease
of agricultural lands exceeding forty
acres, or of pastoral or waste lands
exceeding two hundred acres shall be
made without the approval of two
thirds of the board of. public lands
which is hereby constituted, the mem
bers of which shall be appointed by the
! Governor, six members to be appointed
for terms of four years, provided that
the land commissioner may, with the
approval of the board, sell for residence
lots and tracts not exceeding three acres
in area, and that sales of government
lands may be made upon approval of
the board whenever necessary to To-
cate thereon railroad rights of way,
railroad tracks, side tracks, depot
grounds, pipe lines, irrigation bitches,
pumping stations, reservoirs, factories
and mills and appurtenances thereto,
including houses for employees, business
and mercantile establishments, hotels,
, churches and private schools and hOspi.
tai sites, and all such sales shall be
limited to the amount necessary for the
economical conduct of such business,
provided that no such exchange of gov
eminent land shall be made without
the approval of two thirds of the mem
bcrs of the land board and no such ex
changes shall be made except to &C.
quire lands directly for public uses. -
The differences between the above
paragraph and paragraphs of section
70 Of the Organic Act; which the reso.
luton proposed to ask Congress to
amend, are that business and mercan-
tile establishments" are provided for,
where business does not appear in
the Or anic Act; and hospital sites y
are provided for where they are not pro
vided for in the Organic Act.
AS far as these amendments were
concerned the majority of the senate
had no objection to offer, in fact they
were endorsed in committee Of the
whole. -
1t was the ninth paragraph of sec
ton Is of the Organic Act, as sought
to be amended, that tabled the resolu
ton. The Organic Act reads. "When,
ever twenty-five or more persons, hav'
ing the qualifications of homesteaders
who have not heretofore made applica'
ton under this Act shall make written
application to the commissioner of pub
lie lands for the opening Of agricultural
lands for settlement in any locality OF
district. 1t shall be the duty of said
commissioner to proceed eXpeditiously
to survey and open for entry agricul
tural lands, etc" The proposed amend
ment provided that ;:the commissioned
may survey and open, etc" In Other
words, the amendment would remove
the mandatory clause and make the Is
suance OF public lands entirely discre
tiOnary with the land commissioner
This was in sympathy with the Gov
ernor's message which suggested shut
ting down on the homesteading pro
position in view of the small agricpl
tural areas of these island and the
need to conserve public lands to the
territory as much as possible.