Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-11-18

"Of the 0iIeEaJon8 ana compii
nearly three-fourths are objected TO
the land commissioner, who seek
complaint
Pcrtlons Objected To.
The motion filed yesterday first
moves TO strike from the writ that
portion relating to the act Of Con-
gress OF May "a, 1910, which provides
for the opening Of homestead lands
when Is or more persons qualified as
homesteaders shall make application,
and the duty Of the respondents" re-
garding the. opening Of agricultural
and pastoral lands.
II further moves 70 strike the para
graph which, In part, declares that
the respondents "have each willingly
violated said requirements Of Con-
gress IN each and every respect" and
have failed and refused to survey
and open up the land" That part
OF the writ regarding the frivolous
excuses" given by the respondents
"for their noncompliance with said
act Also is objected TO.
Respondents object to the para
graph which, In effect alleges that
"since the passage Of the last act of
Congress in 1910 1t has never been
complied with In word or spirit by
said respondents" The paragraph al
leging that the respondents have al.
lowed entry Of large tracts Of lands In
tens Of thousands Of acres to the PLAN
tafions and corporations without any
conditions for reservations concern
ine the same ana that they have "at-
tached many annoying. foolish, absurd
and unlawful conditions that render
the right of homestead farce and
cheat upon the ordinary man." is OBJ.
jected to.
ohject 10 etuart's Idea.
The three allegations by Judge Stu
art concerning his idea of the results
OF the rules and regulations under
which the respondents require entries
Of small parcels of land to be made,
one being that they deprive said citi-
Gems Of liberty and property without
due process Of law" are asked to be
stricken out
objection is made to the statements
which allege that the unlawful rules
and regulations zwill give them (the
respondents) the power 20 class said
lands and attach thereto foolish, alb
surd, ruihous, imlossible and unlaw-
ful conditions. Nhich render the
right Of the citiz1ns Of the United
States worse worthless"
The third. - and nth sections
OF that pag, tae writ asking that
the RESPOND BE commanded" to
comply wa tain requests laid
down by HHEI Stuart are objected
70. one of Ie( being that "the re.
spondentsl[ nmanded to immedi.
afely con[I| b the acts Of 1910 In
reference Il Is petitioners and
IN refer& = bringing all of the
said lad mediately into the
Concl be motion to strike
'sThisk nd is based upon the
groundf Il he said matters and
things 3r6 haterial, Irrelevant, inn
pertinent, dalous and reflection
on the sco ct Of the said respond. |
ents, as pu officers, and based. fur.
ther up6h Al pleadings herein"
Cell Writ kgue.r
That the 3etition and writ Of alter |
native mRntamus brought by Circuit
Judge Stnsct Is uncertain, unintel
ligible, vs(.e and ambiguous" is one
of the grl hds set forth In demurrers
20 the petition filed by the respond.
ents in connection with the motion
to strike.
With the exception of the opening
paragraphs, the demurrers of the gov.
ernor and the land commissioner are
identical In opening, the governor
contends az follows:
THAT this honorable court has no
jurisdiction Of the person of this re-
spondent as governor Of the Terri.
tory of Hawaii. as aforesaid, for the
purpose Of mandamus."
Land Commissioner Tucker con.
tends as follows:
THAT the said writ does not state
facts sufficient to constitute cause
of action or to entitle the petitioner
herein to relief by writ of mandamus
against the said respondent"
The remainder Of the demurrers,
which are addressed to Circuit Judge
Ashford, reads as follows:
ii.
"That the said Writ does not show
the existence Of any official duty on
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