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GOVERNOR FREAR TALKS OF LEGISLATURE AND
Says We Are
Not Ready For
RESPONSE TO QUERY BY FORAKER STATEMENT CONCERNING
LARGE LAND HOLDINGS BY ESTATES AND CORPORA
TIONS PLANS OUTLINED TOR DRAWING
Hearing on bill to amend Organic
Act of Hawaii held by Senato Com
lulttee, Senator 1'oraker chairman,
(Continued- from Monday)
Tlio Clmlrimin The government
had two or three kliula of lands, did
Governor Freer Yes, There weto
tho old crown landu, the Income from
which went to tho reigning sover
eign. . The Chairman About what Is tho
amount of thoso lands?
Governor Krear They amount, I
think, to about 900,000 or 1,000,000
The Chairman Is that a part of
tho pi-csunt estlmato of 1.C7C.705
- Governor Krear It Is. Upon the
overthrow of the monarchy the
crown lands became government
landurdllTurlng In no respect from
other government lands.
Tho. Chairman What other kind
of land does tho government huve
beslilea the crown lands?
Governor Frear4 There are what
are known as "school landB," con
sisting of lands Bet nsldo In 18C0 by
tho government for tho support of
schools; These are under the control
of the department of public Instruc
tion and may bo sold or leased by
that department. Of course, many
of them nro used for school pur
poses, Tho Chairman They nro a part
of tho sanio grand aggregate of 1,
707,705 acres that you mentioned?
Governor Froar Yes. Then there
Js a portion of the public lands
.which Is In actual use for public pur
, poses as, for Instance, fur public
building sites, parks, roads, forest
'reservations, and such things. These
lands are under tho department of
public works, while tho generul
juniis wiucn are intended for pur
poses .of settlement are under the
commissioner of public lands.
. Ulght hero I may say that .soma
provisions In this section are In
tended, for the purpose of simplic
ity, to put all these lands under the
rommlsslouer-ot public lands oxcept
11.. ulVir."'?.!0 IS
would not speak of my proposition In
H. H. Williams, the man who
illiams' office and you say to his
odayt" and Tommy will say "M
giving it a particle of investigation,
nnhitii Mr Wllllnm. vMlm I.. - 1.1.
i,..t t iiiT.Ji- .1 C i 7 V ii 7 "'""v, iiuiuku om 10 me as a. weaiuiy pianvcr.' uo not tain i am rrying to aaveruse nu Dullness. He is a good mend or mine,
I At f Business dull and quiet. Of course I would just as soon Williams would Vant me under a Kukui tree, -when my time comes, as any other man in his line. He
js bound to get us all sooner or later. May it be later, and "Mayflowers" bloom (and pay dividends) for many decades, ere he gets any of us. Selah! which is scripture for See!
r In conclusion I want you to cat-ch on to these facts: The Mayflower Mine is in the Nevada City,Orass Valley mining district, Nevada Co.. Cal. This district is said to con-
r iVim? ." qu z v,e,RS than ftny imilar area in the known world. It is so richly' mineralised that the U. S. Oovernment Oeological Survey have published a Special Folio
or this District. I can show you. a cony of the Folio at my ofllce. The Mayflower ground lias. eight quartz veins. In addition it has a rich gravel channel. It has a'modern twen.
ty-stamp mill. It ownsits own water power. It has two miles of underground development. The North Star is down a mile. We need raonev to go down to greater depths.
. Our stock is a good buy at 25 cents per share. Don't procrastinate. Take on a block today. Don't wait till by and by. BUY "MAYFLOWER" STOCK. BUY IT NOW I
George M. Shaw,
Agent, Hilo, Hawaii
lug so far as portions of them may
bo transferred by tho governor to
other departments for their actual
Tho Chaliman lloforo you come
to a discussion of the proposed legis
lation, I wish to ask you a question
of n general nature ubout your gov
ernment lands. You have spoken of
the crown lands and Ihe school
lunds. Now, Is there uny other class
of public hinds?
Governor Krear There Is no oth
er cluss of public lands.
The Chulrman Then you may ex
plain whnt the legislation Is that you
are asking for by this bill.
Governor Frear I may say pre
liminarily that this Is a matter to
which I have given a great deal of
study since I came Into my present
offlce, and finally I appointed an ad
visory land-law commission consist
ing of seven persons to study Into
the whole subject'. This commission
guve public hearings on nil the lar
ger Island and sent out circulars to
hundreds of persons for their views,
nud finally made n report. This sec
tion Is Intonded to embody In a largo
measure the recommendations of that
commission. Somo of the recommen
dations would moro appropriately
como within tho action of the terri
Tho Chairman Is tho report to
which you refer a printed report?
Governor Frear It may be print
ed by this time. I left an order to
print It. It was handed to me Just
before I came away.
The Chairman Could you for
wnrd a copy of It to the committee
for our use?
Governor Frear Yes: I will cable
for copies to be sent to tho commit
tee. The llrst provision of section 0 Is
Intended to put In operation there,
sc far as the disposition of lands Is
concerned, very much the same sys
tem that Is In vogue on the muln
lund In respect of reclaimed arid
lauds. Tho lands of Hawnll resem
ble such lands on tho mainland much
more thau they resemble tho general
Essay on Cats
wfae remark, conceintoB a mlntaB stock tliat he knows nothing about, he
D- Wild Cat ".meaning, I presume, "Another Dear Wild'Cat." I know
that endear-ing way.
undertakes to embalm you after you are
cat: "Tommy, shake hands," and Tom:
- co - w," which, I presume, means Yes.
I FCDCflt. Mavflawr ft n lun'ti'mnt,.
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M. IVAN DOW,
Fiscal Agent Mayflower JMine
uhlrr'lgatcd public lands. The lands
there ure, many of them, Irrigated,
but nil funds as a rule that are suit
able fur settlement purposes require
considerable capital for their devel
opment. They yield heavily and are
of great value. The same reasons
which require, for Instance, small
holdings on the reclaimed urld lands
utfthlu country would require small
holdings there. The Idea Is to have
the lots of no greater area than Is
required for the support of a family.
It Is Intended also to Increase, the
conditions of residence and cultiva
tion by requiring resldenco, say, for
five years, and requiting by tho end
of five or six years the cultivation of
perhaps as much us CO per cent of
the arable urea of the lot sold. At
the same time It is Intended to mako
the terms of payment easier by dis
tributing tho payments over ten
years und without Interest.'
The Chairman I notice the provi
sion Is, In tho first place, that th
land shall be sold "utter public no
tice." It does not specify how long
a notice shall bo given. Do you not
think there ought to be some speci
fication? Governor Frear Later on
The Chairman Then, If I mny In
tho same connection call your atten
tion to It, It provides that the lands
may be disposed of after public no
tice "by drawing or by auction."
What do you mean by drawing there
a sort of lottery scheme?
Governor Freary-Yes. At present
the lands are sold at public auction
generally, and they nro apt to be run
up and to be put beyond tho means
of a great many of the persons who
would desire to become settlers. It
Is thought well to authorize their
disposition by drawing, the same as
Is done hero In disposing of public
lands, especially the reclaimed1 lunds.
The Chairman We have a system
Governor Frear Yes.
Tho Chairman I was. not aware
of It. What Is It?
Governor Frenr When a tract of
lund Is opened for settlement It Is
advertised thoroughly throughout the
country and then applications are
filed, There may bo a hundred
thousand applications for lots In t.
The Chairman Oh, yes; I under
stand now what you mean. ,
Governor Krear Dut of courso
there are not lots enough to, go
around. In order to be fair and not
give them out to applicants In tha
order of their application they have'
a drawing, and the applicants select
their lots In the order of their draw
Senator Milton It Is also to pre
vent litigation, and (strike, I think,
which would arise If we did not huvo
some system of allotment.
dead, owns 'a handsome cat of
Tommy will gravely put out his paw
At least Tommy knows just
nrnnn(tlnti Tt' dm(n H1IV "M
-Si !?' ,:J , "-' A. '. .,,"T. . ." ".. TT. ". """'. ""c" "V.1"
Suite 51 & 52 Alexander Young Bid
Call, Write or Phone for a Prospeotus
The Chairman Now, since you
speak of It, I ".recall ' that there is
some such system. I never had uny
occasion to givo any attention to it.
The system of drawing which you
contemplate would l) similar to that
which we have here?
Governor Krear Yes, that Is tho
The Chairman Hut with our sys
tem tho Oovernment fixes the price,
does It not?
Governor Frear Yes, and we
would do the same thing.
The price at which thoso who arc
fortunate cnougrr to bo successful
drawers can take the property?
Governor Freur Yes.
Tho Chairman Is thero auy pro;
vision here for fixing the prtco of
this government land?
Governor Frear The method act
ually used In Hawaii Is this: Ap
praisers ure appointed to fix the act
ual cash value of the land. Thon
about 2S per cent of that value is
taken for tho purposes of home
steads, the other conditions of resi
dence and cultivation being supposed
to makeup for the balance, the Idea
being to encourage tho small settler.
Tho Chairman Who would pre
scribe all these additional terms und
Governor Frear That would bo
done by the commissioner, with the
approval of the governor.
The Chairman Under local legis
lation?, Governor Frear Well, our terri
torial legislature has no authority to
legislate on public-land matters.
This would bo expected to be com
plete, and to give that, discretionary
authority to the commissioner there,
with tho approval of the governor,
very much the same as It. Tests here
In the Secretary of tho Interior.
The Chairman Wo could author
ize your legislature to legislate ubout
It, could wo not?
Governor Frear Oh, yes.
The Chairman You mean simply
that in the organic act the legisla
ture Is precluded from legislating on
Governor Frear That la the pro
vision now In tho organic act.
The Chairman So I understand.
Governor Frear And we come to
Congress now for an amendment ot
the act because wo can not go to our
own legislature On that point t
Power of Legislature
Tho Chairman before you pass
from that, let me ask whether your
legislature should not have author
ity to prescrtbo altthese terms and
conditions rather than some Individ
ual, and Bhould you not bo relieved
of thil necessity ot coming here about
all theBo details, to tako up our time
regarding matters that are purely lo
cUand of no concern, to us? . I um
says, "Another Wild Cat." A man reading one of ray advertisements
that all "wild cat" propositions are dear at any price, and I wish ho
the Thomas variety, nossesiln? marked
to be shaken. Then you say, "Tommy, shall I buy MAYFLOWER
as much about Mayflower as the man
i VT"T numjll CTflnV TJITV TT'UATIM TirU. T-C. ... i
asking merely to getayour opinion on
that point. ' -iti
Governor Frear When tlio organ
ic uct was enncted It was thought
that the settlement or management
of tho public lands thero was more
than a matter ot mere local Interest.
It was a matter of national Interest,
with a view to building up those Isl
ands with small proprietors who are
American citizens or will become
American citizens, and It wai
thought unwise to permit tho I6cal
legislature to legislate on this sub
ject becuuso of the dangers. It, might
bo that they would opun the wayfor1
aliens to acquire the lauds; It might
be that they would open tho way fur
corporations to acquire them, and It
was thought safer to retain the pow
er In Congress, und I um Inclined to
think it would be safer still to keep
It thero. -
Tho Chairman That Is the point.
I was In the Senato when we adopted
the organic law for Hawaii and I am
familiar w'jth 'tho sentiment that led
us to legislate to retain cohtrol ot
tho lands. Hut X was asklhg you
what Is your opinion now, In view
ot eight years o( 'experience, whether
you would huvo us still keep that con
trol hero or turn It over to the local
Governor Freur I am inclined to
think that we are not quite ready
for that authority.
Tho Chairman Very well; ,Oo'on
with your explanation.
Executive Discretion '
Governor Krear I was going to
explain the matter of giving such
wide discretion to the executive offi
cers there. The conditions there are
so various, that Itwould be exceed
ingly uinicuu to prcscriue uny par
tlcular condltlonswhlch would ap
ply to all cases. There Is a differ
once In the rainfall, for Instance, at
from 10 Inches to 300 Inches a year
within a short distance. There Js u
difference In temperature from 85
degrees to below freezing wlthlB a
few miles. Thero are differences of
Bolt, differences lu the character ot
tho crops that can be raised In dif
ferent localities, differences In tha
classes ot people In respect ot tho
kluds of land and tho ureas of laud
that 'they desire. The natives wish
certain lands and of certain areas,
and the I'brtugueso others.
I must confess it was a question In
my mind whether we should not par
tlcularlze a little more. For Instance
on page 3, In line 20, the luuguage
could b(i worded In this way:
"And upon such, terms of payment,
not extendiug beyond ten years, und
without Interest, uud resldenco not
less than five years,, to begin not latei
thun tho end of the third year "
Something of that sort
"and cultivation to bo not less than
llfty per cent of the area of the ara
intelligence. You m into
who calls it a "wild cat" without
ble land, und public notice published
not less man tntrty duys in a news
paper on newspailers of general cir
culation In the Territory."
mere couiu uo cerium general um
Itatlons Inserted, but to prescribe a
uniform set'OT conditions would be
exceedingly disastrous, becuuse the
Tho Chulrmun That Is, a rigid
ulo would not upply to tlii varied
Governor Frear No, sir. This Is
put lu In tho general terms of the
The Chulrmau If you recommend
that tho bill should be amended as
you have Just now suggested, you
might go over It and Indicate what
the amendments should be to meet
Sonator Flint Is It possible now
under the laws ot Hawaii to acquire
land without residing on It?
Governor, Freur It Is, but not un
der tho prescribed homestead meth
ods of taking land. Hut the laws are
so loose .In their provisions that n
person may acquire land without re
siding on It to any great extent. For
Instance, bonlght spend his Sun
days on It for a couple of years and
he would be very apt to get his land
under tho decision ot the territorial
At the top of tho fourth page ot
Senate bill 7C9S there Is a special
provision which Is not essential to
the genernl purposes ot tho act. ; It
embodies tho BUbstance ot a bill trial
has been Introduced In Congress, 1
believe. The Idea Is toglve a pref
erence right ot purchase at an a'p
pralscd value to persons who have
actually 'made their homes on, cer
tain lands, particularly as lessees .'o,1
sublessees. This provision Is Insert
ed hero with special reference to u
large number, ot Portuguese In the
suburbs of Honolulu who have their,
homes generally on a very small frac
tion of an acre held under a sublease
of public land. Tho Idea Is, when
tho lease expires, which will bo very
soon now, to give those persons a
preference right to purchase their
homes at an upprnlsed value. Of
course, If" they do not wish to pur
chase them, they will be disposed of
Tho Chairman That would seem
to be reasonable, I should think.
Governor Frear Then there are
natives In different portions ot the
Islands who have lived all their lives
on a half acre or acre and they nro
liable to be dispossessed at auy time.
This would enable them to purchase
their homes. Similar action has been
taken by Congress, I believe, lu tho
ciBe of some lands on the mainland.
fTho next paragraph, beginning on
line 11, page 4, Is Intended tu limit
the area that may bo acquired by one
s?fc - m
r ' 'm
Buy It Now
fumlly; also to prevent repeating; .
and also to prevent the disposition - jttf
of public lands to aliens. , T
On puge 5 there nre provisions . .J:
against 'disposing of the land by .V
lease or otherwise until after patent
Tho Chairman Are thero ninny
lnrgo landed estates theru privately
Governor Frenr Yes.
Tho Chairman How largo an
some of them?
uuvernor rreur Tlio largest Is
that owned by the Iltshup estate. It
contains 37G,000 acres. Thou there
nre a number of others which are
Mr. McClellan Tho lllshop estate
Is u churltable trust, Senator.
Tho Chairman Yes; 1 know It Is.
Senator Warner How do the oth
er largo estates compare with tin
Governor Frear There nre n num.
ber of other tracts owned by single
Individuals or corporations or es
tates, the largest of which, I think,
does not exceed 200,000 acres owned
In fee simple. Thero Is one property
consisting ot 400,000 acres, but u
lurgo portion of It Is under leaso.
some from the government und some
from private partleB.
The Chairman Are those lands
under cultivation, practically?
Governor 'rear Nat as a rule.
Portions of them are under cultiva
tion,. 'Very largo portions of them
are - incapable of cultivation, being'
covered with recent lava Hows or be
ing above the Hue of possible vegeta
tion high upon tho mountains or'
cut ui by canyons with precipitous
The Chilli man Such' lands' as you
now describe ure of uo value ut all,
Oovcrnor Frear Largo portions of
these large estates are of little value.
For Instance, tho lllshop estate con
sists of 375,000 acres. A recent In
vestigation by an expert has resulted.
In (ludlng that only C per cent of It
Is arable. I think myself It Is an un
derestimate, but still that was thu
8enator Flint Can you give us
the names of nthor Inrra l:ili,tlinlil.
era and th' uninunt nf Intu! In thusn N ''5
estates Unit Is cultivated or can bo
(To Be Continued)
TIIE POWER OF A WILL
Hojax: There goes Mrs. Jlmjones.
They say she murrled Jlmjones to re
form him and lias succeeded by niero
forte of will. Tomdlx: Hut sho Is
such a frail llttlo thing! How did
sho manage It? Hojax: lly giving
him to understand that If ho didn't
brace up and do better she wouldwlU
an tier money to cuiiriiy,. !-. ,.g
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