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

his appearance created q decided rip
pie on the surface OF court calmness
E. Santiago did not know why hi
was In Jail so long. No one knew VIII,
he was in court The Judge insisted
on finding out the status OF Santiago.
case. and sent for his attorney, L. NJ
Straus, who said that Santiago haC
been In jail since October T. He pre-
viously had been out on bond, but
tried to skip and was then surren
ly, excepting and reserying therefron
the stream and all riparian and othel
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 II has been inserted into
any contract or any deed.
"Third-That the respondents be
commanded to put In no other or fur
Their condition, conditions or reserva
tions 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 rs 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 reason
able amount of desirable agricultural
lands and also of pastoral lands in
various parts Of the territory for
homestead purposes, on or before jan
uary /, 1911, and further directed to
annually thereafter cause to be sur
yeyed for homestead purposes such
amount OF agricultural land and pas
toral lands IN various parts of the ter
ritory as there may besdemand 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-
Client to support thereon 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 q
patent at once, or win purchase the
same under time contracts.
Quotes Organic Act.
After making mention Of the fact
that he is 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 toliows:
That the Constitution and texcept
as herein otnerwise proNded1 All OF
the laws OF the United states tWnicn
are not locally nappiicaBlel snah
nave the same force ana erect Will
IN the SAID territory as eiseWneFe IN
the United states. he quotes, luI-
tner, from the same autnority: Inat
the laws OF Hawaii not inconsistent
with the CONSTITUTION or laws OF the
United states or the provisions OF TINS
act enall commune IN FORCE
Judge stuart declares tnat the UT
ganic ACT MADE Il imperative tnat the
governor and the land commissioner
Wnen 20 or more persons having the
qualiilcations OF nomesteaoers make
written application, make survey OF
the land applied Tor and open II TOT.
public entry In lots OF 81 acres eacn.
The object OF said act. the COM
plant says, was 70 encourage immi-
grafton OF United states cltizens from
the mainland to settle sucn territory
with sucn citizensnip.
Violate spirit ana Letter.
The charge is made in the complaint
that both the governor and the land
commissioner 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 1.-THE gov