Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-02-22
NO Relief FOR
HOMESTEADERS,
STUART CLAIMS
In Open Letter, Jurist Cites
Reasons for Instituting
Mandamus Suit

81 simply cannot agree with the
Pinkham theory as to homesteads and
the courts that sustain him, and ] be-
Heve that the time is not far distant
when both will be condemned by the
voters OF the nation" says Circuit
Judge T. B. Stuart In an open letter
which he has written TO homesteaders
and homeseekers. =: ~.
The letter is based on inquiries re-
ceived by Judge Stuart regarding the
mandamus suit which be brought
against the governor several months
ago, and which has since been termin-
ated.
Speaking from the standpoint OF a
homesteader, Judge Stuart says his
main reason for filing the suit was TO
demonstrate that I'VE had no relief
In the courts. J. 80 IL now stands de-
monstrated that q homesteader Is
without remedy as against the con-
duct OF Mr.. Pinkham, even when he
deprives the homesteader OF all use
OF water that runs through natural
stream across his land, and gives the
water 10 the plantations
Land for Army Men?
Judge Stuart asks whether any one
ever heard OF man from the army or
navy or the civil service Of the United
States having been able TO obtain
homestead. IL have not" he adds,
stating also that he has never heard
OF n mainlander being able to obtain
q homestead since Mr.. flnkham be
came governor. "And I have worked
diligently to obtain q 40-acre tract
ever since Mr.. Pinkham's appoint
ment, without success" he says
Commenting on the decision OF the
circuit court In the mandamus case,
wherein the governors demurrer
was sustained, Judge Stuart says:
"The decision of the circuit court
serves the main purpose for wnlcn
the petition for mandamus was filed;
for surely every congressman VINO
reads II must come to the conclusion
that the Hawaiian land question needs
emergency treatment, and that Mr.
handling Of the public
lands should be attended to at once,
OF allowing 1t to torture the
public through Mr.. Wilson's entire
administration"
Should Obey coDGress.
He adds that his contention IN the
petition lforr mandamus Is that the
should carry out the acts Of
CONGRESS, no matter what may be the
laws Of the territory enacted IN mon
archical days, or even down to the
moment. "These lands he
sats. eare the property Of the United
States, for which 1t has paid full
yalue.A 4io
sIn the governors last report
Judge Stuart continues, Il notice that
he states (for the first time1 that
here are 10000 acres of land now
open for homesteads. challenge
his statement, and ! ask the govern
or to make public through the press
m itemized description and list OF
these lands, and to state when ana
now they were brought into the mar
let. Unless he shall do this, he must
admit that the statement made In his |
report il q mistake"
Concluding, Judge Stuart says that
.hdre are now but few Hawaiians VINO |
W. enough land on which to exc out
N exiitence. sMost of the good land
q owned by the sugar plantations,
1e SAYS. land this tells the whole
.tory 81 the cause Of the rapid extinc-
tioB Of this race, while TO take their |
place the governor puts to the front
he Filipino"