The Hawaiian gazette., 1915-11-09

bHib AObf tOhtuahihk 1900 bGTeS nn0 De
ing appraised at 1925. He rendered
the purchase and the land commissioner
refused TO accept II and later issued
to the petitioner a so.called Especial
homestead agreement. 3" " .
The petitioner describes his lot:
The tract, says Judge Stuart, lies
upon the side of n mountain to the
top Of which II runs and, with the e1.
eeptfon Of abont one acre, It Isl entire
ly unfit for agricultural purposes. A
stream runs Through the tract (which
has heretofore been planted to rice, and
watered from said streams" maintains
the Judge. No water is TO be had on
the land except from the natural
stream. aa4l4
Level As wall or Pail
The land II so rough, uneven and
PERCEPTIONS, rs to defy the growing Of
any agricultural crops, he maintains.
This roughness, unPvenness and preeipi
tupsness Is so marked that Il l. even
impossible 20 pass over the land con
foot In any direct line from one end
to the other. w. The acre Of land he re.
fers TO IL wholly inaccessible by any
road heretofore constructed or contem.
plated; that ~ Is impossible TO reach
IL with lumber or building material;
that no evidence EXISTS that as mueh
ana ,hat 4, 4. a. 90 t, on IN .a',
oro,,, traas ,haraoU " :, "
tbo ,s,n ~ tha a' ,nII'i1 ms unJe,
uo,,,o,tass A,,toat,,1 - P,an
hnsbes nil ~ Ecu on ..; k" NJ
lana Snd g,avs mi ,a"ta 'S VI t az
Iast ~ an ,,,sa,o H. Sa.t,a az. se .ne
will fai, ~ s,,stoin 80 t ie tnat
stsr;,a janJ aFtho Tosei. '"e no's
",aTbaf thAra - nm naa tHt 81, ,aa
.ar h. nnft arnnnt "'" .; INA. - sa'u ,"n ~
the one acre and the water thereon, >,
says the petitioner, "to raise o small
amount Of garden product, and the rails.
ing Of chickens and other fowls. - ~
Shot At Big Land Owners r
Next, the Judge takes n shot at what
he terms the control of homestead lots
by large land owners. On this score
he says: ,."g
Petitioner alleges that under the
Acts of Congress the respondents are
and have been In duty bound for years
to open up the public lands in Hawaii
for entry at q reasonable price, and
not to embarrass the entryman by use
less and absurd conditions in reference
thereto, but to- allow the entryman the
privilege Of taking said land under any
form Of entry including cash entry,
that he may desire; that petitioner has
no objection to entry papers or patent
preventing the land from ever passing
into the control or ownership of large
land owners; but alleges that the re-
sPondents have been and now specially
authorizing the owners of such small
homesteads to make contracts looking
TO the control Of said homesteads by
the large land owners.' g.
Must obey Law
"The 6ftb order tho covor,o, o,5
the land cnmm;ssiorer oro rao,i.oI ~
obev reads 40 foIIo,,,o. y"
EThat ara resnon5aDts ho o,aouo,,
directed and commandaS n for,bw;th
comply with the Al ~ Conoross ~
May 10, 1910, which directed tbem "a
open up and survey a reasonable
amount OF desirable agricultural lands
and also of pastoral lands IN various
parts OF the Territory Of homestead
purposes, on or before January ], 1911,
and further directed to annually there.
after cause to be surveyed for home
seau Pufposos Such amOunt OF agFlcnl-
tural land and pastoral lands in vari.
Gus parts OF the Territory as there may
be demand for by persons having the
qualifications of homesteaders, and that
IN laying out any homestead, the Com
missioner of Public Lands should in
emdo therein an amount not exceeding
eighty acres, sufficient to support there
ON q family which said provision and
command of Congress they have failed
70 comply with IN any, respect, and
that they now be Immediately required
TO comply with the same by surveying
and bringing into the market all the
lands in said Territory and place there,
on fixed and reasonable price, and all
the entrymn to elect as to whether he
shall pa cash for the land and take a
patent at once, or will purchase the
same under time contracts"
Enter Lorr1n Andrews
Attorney Lorrip And,aw. e. ,onro
sentinp Jndpe Stuart in tha mood or,U,
proeeedinps while Attornay'GannroI
Staipback and his dennt;es w;, rnrre'
sent the Governor and Land Commits
sioner Tnokar - 'H-t'N
have in connection with the intoler.