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3819
Mr. KNOX.   That is true, but we do it in order to preserve the title 
of "sheriff " on each of the islands. Mr. ROBINSON of Indiana.   I 
thank the gentleman for the explanation. Mr. KNOX.   I offer the 
amendment which I send to the Clerk's desk. The Clerk read as 
follows:
On page 77, section 64, line 12, add the following: "Provided, however, That for 
the holding of a special election before the first general election the governor 
may prescribe the time during which the boards of registration shall meet and 
the registration be made.
The amendment was agreed to. The Clerk read as follows:  
COMMISSIONER OF PUBLIC LANDS. SEC. 78. That the laws of Hawaii relating to 
public lands, the settlement of boundaries, and the issuance of patents on land 
commission awards, except as changed by this act, shall continue in force until 
Congress shall otherwise provide: Provided, however, That all sales, grants, 
leases, and other dispositions of the public domain, and agreements concerning 
the same, shall be reported in writing each month to the Secretary of the 
Interior, who shall have authority to confirm, reverse, modify, suspend, and 
annul any of said transactions.   That all of said transactions so reported upon 
which no action shall be taken by the Secretary of the Interior within sixty 
days from the filing of such reports in his office shall thereupon and thereby be 
confirmed and ratified.    The Secretary of the Interior is hereby authorized and 
required to provide and promulgate the rules and regulations relative to all 
contests on the disposition of the public domain and appeals to him.   That all 
sales, grants, leases, and other dispositions of the public domain, and agreements 
concerning the same, and all franchises granted in good faith by the Hawaiian 
government in conformity with the laws of Hawaii between the 7th day of July, 
1898, and the 28th day of September, 1899, are hereby ratified and confirmed. In 
said laws "land patent" shall be substituted for "royal patent;"  "commissioner 
of public lands" for "minister of the interior," "agent of public lands," and 
"commissioners of public lands," or their equivalents; and the words "that I 
am a citizen of the United States," or "that I have declared my intention to 
become a citizen of the United States, as required by law," for the words "that 
I am a citizen by birth (or naturalization) of the republic of Hawaii," or "that I 
have received letters of denization under the republic of Hawaii," or "that I 
have received a certificate of special right of citizenship from the republic of 
Hawaii."   And no lease of agricultural land shall be granted, sold, or renewed 
by the government of the Territory of Hawaii for a longer period than five 
years until Congress shall otherwise direct.   All funds arising from the sale or 
lease or other disposal of such lands shall be appropriated by the laws of the 
government of the Territory of Hawaii and applied to such uses and purposes 
for the benefit of the inhabitants of the Territory of Hawaii as are consistent 
with the joint resolution of annexation, approved July 7, 1898.
Mr. KNOX.   I offer the following amendment to section 73. The 
CHAIRMAN.   The gentleman from Massachusetts offers an 
amendment which the Clerk will report. The Clerk read as follows:
On page 83. section 73, line 10, after the word "eight," add the following: "And 
provided. That there shall be excepted from the provisions of this section all 
lands heretofore set apart or reserved by Executive order or orders by the 
President of the United States."
Mr. KNOX.   Mr. Chairman, I will simply state that this amendment 
was suggested by the Department as necessary.   Certain lands, 
since July 7, have been appropriated, by order of the Executive, for 
naval stations and other governmental uses in Hawaii, and the 
purpose of this amendment is to exempt them from the operation 
of this section. Mr. BARTLETT.   Does that apply to any other 
lands? Mr. KNOX.   Not at all, except those that have been 
actually taken for Government purposes. The amendment was 
agreed to. Mr. LACEY.   Mr. Chairman, I offer the following 
amendment. The CHAIRMAN. The gentleman from Iowa offers an 
amendment which the Clerk will report. The Clerk read as follows:
Add to section 73 the following: "Provided, That all bona fide occupants of public 
lands who have Improved the same shall, in the disposition thereof, have the 
preferential right in acquiring the same under the land laws of Hawaii as 
modified in this act, but such preferential rights shall not exceed 50 acres to 
any one occupant, and such improvements shall be not less than the appraised 
price of such lands."
Mr. KNOX.   Mr. Chairman, under the laws of Hawaii the ac-
quisition of homestead rights is very carefully provided for by 
what are called homestead leases, running for ninety-nine years, 
which are open to all citizens of Hawaii or those who have letters of 
denization in Hawaii, and can not be alienated or taken for debt, 
the only requirement on the part of the homesteader being 
occupancy and improvement of the land. Now, just pending this 
annexation resolution and about the time of it, a large number of 
persons, without any right whatever, without seeking any authority 
under the laws of Hawaii, which we continue in force and effect, 
forcibly entered upon valuable lands in Hawaii.   They became, in 
other words, mere squatters. Now, it would be a very serious 
mistake to secure them any preferential rights by reason of mere 
occupancy of the land. I think also that the gentleman's provision 
that the occupancy should be in good faith would not help the 
matter any.   These homestead lands are valuable, and this bill seeks 
to preserve them to the real homesteaders.   To confirm those titles 
in the hands of squatters who took possession of them, 
intentionally to violate or not to comply with the laws of Hawaii 
and the laws that should

be enacted by the United States, would, in my opinion, be unwise 
legislation. Mr. McRAE.   I should like to ask the gentleman a 
question. Are the crown lands reserved for the benefit of Hawaii, or 
do they become public lands of the United States? Mr. KNOX.   All 
the proceeds from sales or leases of public lands under this bill are 
for the benefit of Hawaii. Mr. McRAE.   This Government gets no 
benefit? Mr. KNOX.   We get no benefit from those sales. Mr. 
McRAE.   There are no lands which will become lands of the United 
States? Mr. KNOX.   Not at all, except what we have the right to 
take for governmental purposes. Mr. McRAE.   Does this bill 
propose to dispose of these lands under the old Hawaiian law? Mr. 
KNOX.   Under the Hawaiian law, subject to the modifications in this 
bill, that all transfers, sales, and leases under the Hawaiian laws 
shall be sent here and receive the approval of Our Secretary of the 
Interior. Mr. McRAE.   I do not think you can find a more 
objectionable land system anywhere than that which they have in 
Hawaii. Mr. KNOX.   That is quite a large subject to discuss.   It 
is a complicated system. Mr. LACEY.   Under section 28 of the land 
laws of Hawaii there is a provision by which lands may be taken for 
homestead purposes from 1 acre up to 60 acres.   My proposed 
amendment limits it, in all instances, not to exceed 50 acres, but it 
provides that the land shall be taken up under the Hawaiian law and 
that persons who are now occupying the lands shall have a 
preferential right. The purpose of this amendment is to meet this state 
of facts: A good many men have gone into Hawaii from the homestead 
regions in the West. Out there you can locate a homestead on 
unsurveyed lands and get a preferential right when the land is 
surveyed.   These men who have been accustomed to this system 
have gone into Hawaii, have gone into the brush and located 
homesteads.   Under the Hawaiian law, however, they have no 
preferential right, and the question is whether they shall be put out 
of the clearings that they have made and somebody else take the 
land or whether they shall; have the first chance at it I think it is to 
the interest of Hawaii to have this country thoroughly settled, and 
settled by Americans as far as possible. Mr. KNOX.   They have the 
right under the Hawaiian law to go there and settle. Mr. LACEY.   
But the persons who are clearing the lands, who have actually made 
improvements, would, under this amendment, have the preferential 
right over somebody who has made no improvements. Mr. KNOX.   
There are no such cases in Hawaii except those who took possession 
in violation of the law. Mr. MONDELL.   Mr. Chairman, I hope this 
amendment will not carry.   I believe that the actual settlers and 
cultivators who have improved the land are amply protected under 
the laws as they have existed for a number of years under the 
republic of Hawaii. The effect of this amendment is simply to give 
some sort of claim to a few men who have gone upon valuable land 
in Hawaii, who are claiming there without any shadow of right, 
who went on tracts of land after they had been surveyed by the 
government, after the government had built macadamized roads 
through those tracts, and after the government had started the 
process of sale and disposition under their laws.   These men went 
on there in violation of the laws, and so far as I know they are the 
only men in all Hawaii, who are asking to have their squatters' rights 
protected. Mr. WILLIAMS of Mississippi.   They are "sooners," are 
they not? Mr. MONDELL.   They are "sooners."   I have seen them. 
The CHAIRMAN.   The question is on agreeing to the amendment 
offered by the gentleman from Iowa. The question was taken; and the 
amendment was rejected. Mr. MONDELL.   I offer an amendment to 
section 78. The Clerk read as follows: Strike out the proviso of section 73; on 
page 81, and also lines 11, 12, and 13, and the words "and appeals to him," in line 
14.
Mr. MONDELL.   Mr. Chairman, the effect of my amendment will 
be to strike from the bill that provision which refers to the 
Secretary of the Interior all transactions under the land laws of 
Hawaii, and that portion of the bill which provides that the Sec-
retary of the Interior shall make all needful rules and regulations 
concerning land contests, etc.   In my opinion, this provision is 
neither wise nor necessary.  After a very careful investigation of the 
Hawaiian land laws, on the ground, and some study of the subject, I 
believe the laws of those islands passed in 1895 are well calculated to 
settle, develop, and improve the lands, and to place them in the 
hands of smallholders. I believe that a people who were wise enough 
to pass these laws,

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