Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-11-09

been In jail since October f. He pre-
yiously had been out on bond, but
tried to skip and was then surren.
ly, excepting and reserying therefrom
the stream and all riparian and other
rights in or to this stream and the
waters thereof, be eliminated there
from, and that. the same may be de-
clared to be wholly unauthorized by
law, not only in regard to petitioners
land, but the land Of all other hold.
ers where IL has been inserted into
any contract or any deed.
"Third-That the respondents be
commanded to put in no other or fur.
ther condition, conditions or reserya.
tons In the entries hereinafter made
of small tracts than they have here
tofore been put In contracts and con,
yeyances Of larger tracts,
Put Lands On Market.
"Fourth-That the respondents be
commanded to Immediately comply
with the acts OF 1910 in reference to
the 25 petitioners and In reference to
bringing all OF said lands Immediately
into the market.
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 q reason
able amount Of desirable agricultural
lands and also Of pastoral lands in.
various parts of the territory for
homestead purposes, on or before JAM
uary 1, 1911, and further directed to
annually thereafter cause to be sur
veyed for homestead purposes such
amount OF agricultural land and pas
t0ral lands in various parts of the ter
ritory as there may be demand for by
persons having the qualifications OF
homesteaders, and that In laying out
any homestead, the commissioner OF
public lands should include therein an
amount not exceeding 80 acres, suffi-
cient to support thereon a family;
which said provision and command OF
Congress they have failed to comply
with In any respect, and that they now
be Immediately required to comply
with the same by surveying and bring
ing into the market all the lands in.
said territory and place thereon q
fixed and reasonable price and all the
entrymen to elect as to whether he
shall pay cash for the land and take
patent at once, or will purchase the
same under time contracts"
Quotes Organic Act.
After making mention of the fact
that he is a citizen of the United
States and thus entitled to make en-
try and become owner of public land,
Judge Stuart quotes from the Organic
Act as follows:
THAT the Constitution and Except
as herein otherwise provided) all of
the laws of the United States (Which
are not locally inapplicable) shall
have the same force and effect with
in the said territory as elsewhere in
the United States" He quotes, fur
Their, from the same authority: That
the laws of Hawaii not inconsistent
with the Constitution or laws of the
United States or the provisions of this
act shall continue in force
Judge Stuart declares that the Or
ganic Act made it imperative that the
governor and the land commissioner,
when % or more persons having the
qualifications of homesteaders make
written application, make survey of
the land applied for and open it for
public entry In lots of 80 acres each.
THE object of said act the COM
plant says, was to encourage immi.
grafton of United States citizens from
the mainland to settle such territory
with such citizenship"
Violate Spirit and Letter.
The charge is made in the complaint
that both the governor and the land
have wilfully violated
the spirit and letter of the law, and
the requirements of Congress in each
and every respect" Judge Stuart
charges that since the passage of the
last act of Congress in 1910, it has
never been complied with in word or
spirit by said respondents (the gov
ernor and the land commissioner but
they have virtually withdrawn from
entry all public lands in the islands OF
Hawaii"
That 1t is true respondents have
opened up few small tracts where 1t
might not interfere with the land mo-
the said tracts ranging from
five to 15 acres each, and wholly in
sufficient to support family and in
no sense complying with the act OF
Congress-" Judge Stuart adds.
''Senseless" Conditions.
Referring to his own agreement |
he secured a tract of land
on windward Oahu, Judge Stuart
points out the following conditions as
being "senseless and absurd"
"(a) The payment of the purchase /
price as therein stipulated as against
an entryman who desires to pay said |
purchase price in full as petitioner has
Offered to do; (b) The re.
quirement of residence thereon after
full payment has been made therefor;
(c) The cultivation of the number of
acres specified in said paper or any
part thereof and the planting of the