The Hawaiian gazette., 1915-11-09

Governor Pinkham and Land Com.
to appear before Circuit Judge Ash,
ford, in the latter's courtroom in Hon
olulu, at ten clock on Saturday morn
ing, November 90, to show cause, il any
they have, why they should not admin
lister the land laws Of the Territory in
the manner Circuit Judge Thomas B.
Stuart would have them do.
:. A writ of mandamus was issued yes
terday to the Governor and the land
commissioner, the original being shown
to thcce high officials and copies of it
left with the chief executive at his
home in Hackfeld street, where the Gov.
ernor has been forced to remain for near
ly q month past on account of illness,
aid with Joshua d. Tucker, the land
commissioner, at his residence in Kanoa
street, near the Insane Asylum road,
Ralihi The writ of mandamus was
signed by Judge Ashford.
The suit is entitled "In the Circuit
Court of the First Judicial Circuit, Ter
ritory of Hawaii. At Chambers. In
the matter of the application of Thorn
as b. Stuart for Writ of Mandamus
against Lucius T.. Pinkham, as Cover
nor Of the Territory of Hawaii, and
Joshua ID. Tucker, as Commissioner OF
Public Lands of the Territory of Ha
wall. Writ of Mandamus.
Case Reopeps Old Fight
The action is calculated to reopen
tho old land question in Hawaii and
it was intimated yesterday in Judiciary
circles that the suit instituted against
tho Governor and the land commission
or is really nothing more than the open
ing gun of the Democratic campaign
for the coming territorial election; that
the Democrats will make the land ques.
ton live issue once more in Hawaii,
pointing TO the sO.called misadministra-
ton of the land laws here by the Gov
ernor, who, it happens, Is a Democrat,
and, as such is recognized as the lead
er and standard bearer of the BOur-
bOns in the Territory.
Judge Stuart bases his suit against
the chief executive on his personal ex
perenee in the public land market here
While already on the circuit bench
Judge Stuart drew option No. Is and
took the only homestead lot left-Lot
No. 81 of the alekou- W aikaluakai
IICmesteads near Kane0he, this island.
lie offered then and there to pay the
purchase price of $425 for which the
lot had been appraised he says, but
the land commissioner refused to accept
the money.
Judge Stuarts" Demands '.'
In this suit Judge Stuart demands
that the Governor and the land com.
missioner: '...
First; Accept from petitioner the
purchase price of said land, and to de-
liver to petitioner patent for the land
without conditions except that he shall
not convey TO anyone already owning
eighty or more acres Of land In Ha.
waii. .'. '
"Second: That the reservation placed
in said sO-ealled contract, namely, Ex-
repting and reserving therefrom the
stream and all riparian and other rights
in or 10 this stream and the waters
thereof, be eliminated therefrOm, and
that the same may be declared to be
wholly unauthorized by law, not only
in regard to petitioners land, but the
land of all other holders where il 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-
tons in the entries hereinafter made of
small tracts than they have heretofore
been put in contracts and conyeyances
of larger tracts.
Fourth! That the respondents be
commanded to Immediately comply with
the acts of 1910 in reference to the