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Full text of "Hawaiian Investigation: Report of Subcommittee on Pacific Islands and Porto Rico on General ..."

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NlVERStTY LtBRAKIES 






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HAWAIL\^' INTESTIGATIOX. 



r*ait 3. 



Exhibits. ilEMORiALs, Petitioxs. axd Lettee: 



» T»> 



roMMITTEE OX PACIFIC ISLiXDS AXD P<)RTO RICO, 

UXITEI) STATES SEXATE, 



rxDi 



?ENATE Rt>»»L*-n»»N N«. >». nR:?T SEi?10X FTFTY-SKVENTH vVNOREs^. OF 

DATE JTNE >. Ijiil AITHORIZIXO AXD DlRBl^TIN'; THE O VMmXE 

OS PACIFIC I^LANDi .iXD r*>RTV> RIlV T*^ :N*^'ESTI»;aTE 

THE GENERAL O^NDITloN-i op THE I-LANPc? OF 

HAWAII, AND THE ADMINISTRATION 

OF THE AFFAIRS THEREOF. 



WASHINGTON: 

OOVRRNMEXT PRIXTDfG OFFICII, 

1903. 



/ 



HAWAIIAN INVESTIGATION. 



ExEcunvB Chamber, Territory of Hawaii, 

Honohdv^ September 9^ 190^. 
The Hon. John H. Mitcheu., 

Chairman s^ibcommittee of the Senate Committee 

on Pacific Islands^ etc., Honolulu, T. If. 

Sir: It is with great satisfaction that 1 have received your letter on 
>K*half of the subcommittee of the Senate Committee on Pacific Islands' 
and Porto Rico, commissioned to investigate the general conditions of 
the i>land8 of Hawaii and the administration of the affairs thereof, 
inviting me to confer with the committee upon the general question of 
li'jri'^lation in the interest of the people and government of the Terri- 
tory of Hawaii. 

I fe<*l that the presence of your committee in these islands for the 
j>uq>ose of investigating matters relating to this subject can not fail, in 
the acquisition of mformation to be laid before Congress, of resulting 
in important benefits to the Territory. 

The subject of the administration of our public lands is one of 
rxtrerao importance to the inhabitants of this Territory, inasmuch as 
tb«* pn*sent system and policy having developed gradually in accord- 
an<r with local conditions and the topography of tne country, and the 
public having become accustomed to its metnods, radical changes should 
not be introduced without assured benefits corresponding with the 
pro>)able expense and disturbance of such innovations. 

I >hall make it my dutv to lay tefore your committee all possible 
information that may aid it in reaching a full understanding of this 
Mibject in all its bearings. 

I would further call your attention to the following matters, the 
investigation of which would probably be of benefit to the Hawaiian 
community: 

Hawaiian coins now in circulation; the Kohala ditch scheme; pay- 
ment of the claims awarded by the fire commission; insufBciency of the 
Territorial revenues for carrying on the public business; the necessity 
of the establishment of a bureau of forestry, to be administered upon 
^ientific principles; the need of a Federal building in Honolulu for 
the accommodation of the Federal court, the post-oflSce, and internal- 
n*\ enue officers, the question of the introduction of Chinese laborers 
for limited periods and for the performance of agricultural labor only, 
and protection of sea fisheries. 

Pardon this brief statement. Not knowing the methods your com- 
mittee would adopt in making its investigations, the government of 
the Territory has refrained from taking tde initiative, but holds itself 
in readiness to respond to the plans of your committee and to aid it in 
all possible ways. 

Very respectfully, Sanford B. Dole. 



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4 HAWAHAN INVK8TIGAT10K. 

LAND ACT, 1895. 

ACT 26. 

AN ACT Relating to public lands, and amending sections 36, 39, and 40 of tl 
code, relating to the care of government lands; section 42 of the civil code 
ter 44 of the laws of 1876, chapter 5 of the laws of 1878, and s^ct 48 of the 
the provisional government ofthe Hawaiian Islands, relating to the diflxx>sj 
government lands; sections 43 and 44 of the civil code, relating to the oonvc 
of government lands; section 45 of the civil code, relating to surveys and i 
government lands; sections 46 and 47 of the civil code, relating to land 
and chapter 87 of the laws of 1892, relatinff to homeeteads, and repealing 
entitled '* An act to create a sinking fimd,' approv^ December 31, 1864, 
act entitled ''An act to relieve the royal domain from encumbrances and to 
the same inalienable,'' approved January 3, 1865. 

£e it etia^tedby th^ Legisl-ature ofthe Republic of Hawaii: 

Section 1. The short title of this act is " Land act, 1896." 

Part I. 

INTERPRETATION. 

Sec. 2. In this act, if not inconsistent with the context, '' 
lands" means all lands heretofore classed as Government Ian 
lands heretofore classed as Crown lands, and all lands that ma\ 
after come into the control of the Grovemment by purchase, excl 
escheat, or by the exercise of the right of eminent domain or 
wise, except as below set forth. 

^' Commissioners" means commissioners of public lands. 

'^ Subagent" means the suba^ent of the public lands of the ci 
where the land under consideration is situated. '^ District" me] 
land district as constituted under this act, where the land undc 
sideration is situated. 

^'Land patent" means a Government grant of real estate 
simple. 

A ^'general lease" means any lease made by the commis^ 
except those made under the provisions of parts 6 and 7 of tl 
and all outstanding leases of Government ana Crown lands. 

A " land license" means a privilege granted by the Governm< 
the occupation of land for certain special purposes, such as the < 
and removal of timber, the removal of soil, sand, gravel, or sto 

*' Homestead lease" means a lease of land made under the pro 
of this act for a term of nine hundred and ninety-nine years, w 
inalienable and not subject to attachment. 

" Certificate of occupation" means an instrument preliinina 
homestead lease, giving the applicant possession of land. 

"Occupier " means a person entitled to the possession of land 
a certificate of occupation. 

'* Right of purchase lease" means a lease with a right of pure*! 
provided by this act. 

'^ Cash freehold " means a right of possession to land under an 
ment called a freehold agreement unaer the provisions of this a 

''Freeholder" means a person holding land under a freehold 
ment. 



HAWAIIAN INVESTIGATION. 5 

•'Penuainent improvements'' means houses, fences, roads, reclama- 
tion of s^wamp land, the planting of trees, coffee and other perennial 
«*rv»vtei^ and the clearing or land from forest growth, brush, or stones 
l^relimiiiarv to the cultivation of the same. 

Provide^ however, that this act shall not applv to the following 
clase^e? and descriptions of land, the property of the Government, all 
of which shall remain under the control and management of the min- 
i.-*i*'r of the interior: 

Town lots, sites of public buildings, lands used for public purposes, 
n>ails^ streets, landings, nurseries, tracts reserved for forest growth 
and conservation of water supply, parks, and all lands which may here- 
after be used for public purposes. All laud hereafter reserved by the 
ix^inmissioners for public purposes shall thereupon at once pass under 
the contn>l and management of the minister of the interior. 

The minister of the interior, with the consent of the executive council, 
*-hall have the authority at any time to turn over to the commissioners 
f ( >r the purposes of this act any lands or parts of lands reserved for 
pii>>lic iLses. 

Part II. 

GENERAL PROVISIONS. 

, Sec. 3. Public lands for the puipose of this act are hereby classified 
a-< foUows: 

1. Agricultural lands, — Firet class: Land suitable for the cultiva- 
tii>n of fruit, coffee, sugar, or other perennial crops with or without 
irrigation. 

Second class: Land suitable for the cultivation of annual crops only. 

Third class: Wet lands, such as kaio and rice lands. 

'1. Piisioral land, — First class: Land not in the description of agri- 
cultural land, but capable of carrying live stock the year through. 

Second class: Land capable of carrying live stock only part of the 
year, or otherwise inferior to first-class pastoral land. 

3. Pojttoral agricultuntl land, — Land adapted in part for pasturage 
and inpart for cultivation. 

4. jFarest land. — Land producing forest trees, but unsuitable for 
cultivation. 

5. Wfi4tte land. — Land not included in the other classes. 

Src. 4. All future leasee of public lands in the classes of agricultural, 
pastoral, and pastoral-agricultural lands, except leases executed under 
the provisions of parts 6 and 7 of this act, may contain a proviso that 
the Government may at any time, with reasonable notice and without 
compensation, except for improvements taken, take possession of any 
part of the premises covered bj' such leases which may be required for 
faying out and constructing new roads or improving or changing the 
line or grade of old roads, and take from such premises soil, rock, and 
gravel as may be necessary for the construction or improvement of 
such roads; provided, that such privilege of taking without compensa- 
tion shall not extend to such parts of such premises as are under culti- 
vation with annual crops or su^r until such crops shall be harvested, 
nor to such parts of such premises as are planted and cultivated with 
coffee, fruit trees, or other perennial crops, or occupied or improved 
with permanent improvements, except fences. 



6 HAWAIIAN INVESTIGATION. 

Sec. 6. The commLssioners of public lands may from time to 
by public notice proclaim as ti road or street any portion of the 
lie lands not occupied under the provisions of parts 6 and 7 of th! 

Part III. 

QKNERAL ADMINISTRATION. 

Sec. 6. There shall be a board of three commissioners, com 
of the minister of the interior and two persons appointed and r< 
able by the president, with the approval of the cabinet, one of 
shall be designated the agent of public lands. Such board sh 
designated the commissioners of public lands, and shall have tb 
trol and management thereof under the provisions of this act. 
appointed members of the commission may be removed b}^ the 
dent with the approval of the cabinet. 

Sec. 7. For4ne purposes of this act the republic is divided in 
following land districts: 

First district: That portion of the island of Hawaii known a 
and Puna. 

Second district: That portion of the island of Hawaii knc 
Hamakua and Kohala. 

Third district: That portion of the island of Hawaii known as 
and Eau. 

Fourth district: The islands of Maui, Molokai, Lanai, and Kaho< 

Fifth district: The island of Oahu. 

Sixth district: The islands of Kauai and Niihau. 

Sec. 8. The commissionere shall be represented in each distr 
an officer who shall be designated the subagent of public landi 
shall be appointed by the commissioners and be removable at 
discretion. 

Sec. 9. The commissioners shall have power from time to t 
Ciitablish forms of all instruments necessary for carrying out th 
and not herein expressly provided for, and to make, alter, and i 
rules and regulations for surveying public lands, for the protect 
forests and reservations for forest growth, for the granting o 
licenses, for the management of all public reserves and unoc< 
public lands, and for more fully carrying out the objects and pu 
and guarding against evasions and violations of this act. 

Sec. 10. The commissioners with the approval of the cabine 
have power to purchase lands for homestead purposes with any 
that may be appropriated therefor. 

Sec. 11. The commissioners mav from* time to time appoint • 
more persons in each district to be rangers of public lands, 
duties shall be to observe and see that the provisions of this n 
complied with in their respective districts in relation to the oblig 
of tenants and grantees of public lands, and report to the suba 
and otherwise k) discharge such duties in relation to the public 
of the district as the subagent shall require. 

Sec. 12. The commissioners shall have authority to employ th 
essary clerks and surveyors for carrving on the work of the co 
sion, and to fix their pay. They shall also fix the pay of subagen 
rangers. The pay of the commissioners shall be fixed hy the legisl 

Sec. 13. The agent of public lands shall be the active busineti 



HAWAIIAN INVESTIGATION. 7 

resentative of the commissioners, and shall, under their direction and 
through the subagents or othei-wise, administer the affairs of the pub- 
lic lands under the provisions of this act, and shall have authority to 
administer oaths in all matters relating to the administration of the 
public lands. 

Sec. 14. The powers and duties of subagents within their respec- 
tive districts shaU, subject to the control of the conunissioners ana, in 
addition to those otherwise provided in this act, be as follows : 

1. To prevent unlawful occupation of or trespassing on public 
lands. 

± To cause all trespassers and persons unlawfully occupying pub- 
\\v landjs^ and their effects, and all animals trespassing on such lands to 
be removed therefrom and such animals to impound according to law. 

3. In the name of the government to enter on any public lands in 
order to take possession thereof, and to resume possession of public 
lands in case of surrender, forfeiture, or escheat. 

4. To enforce contracts respecting sales, leases, licenses, or other 
di:^position of public lands. 

5. To recover rents, purchase moneys, and other moneys due the 
government in respect of any sales, leases, licenses, or other disposi- 
tion of public lanos, or for use and occupation thereof. 

6. To recover money due the government for injury or damage 
done to any public lands by wrongful entry and occupation or by 
wrongful i-emoval therefrom or destruction of any property of the 
government. 

7. To bring such actions and proceeding as may be necessary to 
carry out the foregoing powers and duties m the name of the govern- 
ment, and to defend such actions brought against the government as 
mav be authorized, in the courts of the district in relation to the pub- 
lic lands thereof. 

^. To keep a record of all his ofScial transactions, including all 
iODtracts made by him with individuals and between individuals in 
relation to public lands within his jurisdiction, and all surrenders, 
forfeitures, and escheats of such lands, and facts of the decease of anj 
(K*(*upier, lessee, or freeholder and names of the successors to their 
rights as such. 

\K To administer oaths in all matters appertaining to the adminis- 
tration of the public lands. 

8ei\ 15. All disputes, disagreements, or misunderstandings between 
the parties to any certificate of occupation, homestead lease, ri^ht of 
parcnase lease, or freeholder agreement, touching the constiniction of 
mch instruments or in any wise relating thereto, which can not be 
simicably settled, shall be referred to the circuit judge in whose juris- 
diction the premises in question are situated; and such circuit judge 
shall have full and exclusive authority in chambers without the inter- 
vention of a jury for adjudicating such matters, subject only to appeal 
to the supreme court. 

Part IV. 

LAND PATENTS. 

Sec. 16. Land patents shall be signed by the president and counter- 
signed by the minister of the interior, and shall be stamped according 
to law, which stamp shall be paid by the purchaser. 



8 HAWAIIAK INVESTIOATION. 

Sec. 17. The commissioners may with the consent of the (»xeciit 
council sell public lands not under lease^ in parcels of not over < 
thousand acres, at public auction for cash. Upon any such sale i 
the payment of the full consideration therefor, a land patent shall 
issued to the purchaser. 

And they may, with such consent, sell public lands not under le 
in parcels of not over six hundred acres, at public auction upon i 
credit and part cash and deliver possession under an agreement of i 
containing conditions of residence on or improvement of the preui 
sold, or oi payment by installments or otherwise of the purchase pr 
or all or any of such conditions. 

Which agreement shall entitle the purchaser to a land patent of 
premises upon the due performance of its conditions. 

The commissioners snail have authority to fix any upset price 
all such sales for cash or part credit and part cash. 

All such sales shall be held in Honolulu, or in the district where 
land to be sold is situated. Any person designated by the conn 
sioners may act as auctioneer at such sales without taking out an i 
tioneer's license. 

Provided, however, that land patents may be issued in exchange 
deeds of private lands or by way of compromise, upon the recomnie 
tion of the commissioners and with the approval of the executive coui 
without an auction sale; and further provided, that the president ii 
in his discretion, upon such recommendation and approval, oxe 
quitclaim deeds for perfecting the titles of private lands where j 
titles are purely eq^uitable, or where such lands are suffering ui 
defective titles, or m cases of claims to use of lands upon legs 
equitable grounds. 

Sec. 1 o. All proceeds of sales of public lands shall be set apart 
special fund for the payment of the bonded indebtedness of the 
ernment or for the purchase of other lands, as provided by sectio 
of this act. 

Part V. 

GENERAL LEASES. 

Sec. 19. The commissioners may, at their discretion, make gei 
leases of public lands for any number of years, not to exceed tw« 
one, at public auction, but no such lease shall contain a privile^ 
renewal nor be made for any land already under a lease which 
more than two vears to run. In no case shall it be lawful t<; 
lect rents on any such lease for more than one year in advance < 
receive anything in the nature of a bonus for executing the s 
Any such payment and receipt of rents for more than one 3'os 
advance or of such bonus shall render void the lease on accou 
which such advance rent or bonus is paid, upon proof thereof Ix 
any court having jurisdiction in such a case. 

Sec. 20. Previous to the last two years of the term of any ^ei 
lease the commissioners shall, with tfie approval of the ciibinet, d< 
in regard to the premises covered by such lease whether the same 
be demised under a new lease or be reserved by the governmem 
other disposition thereof under this act, or for forest improvein 
or for the development of water supply, or other public uses, or o 



^^ 



10 HAWAIIAN INVESTIGATION. 

Sec. 27. The yiolation of any of the conditions of a ^eneml k 
to be performed by the lessee shall be sufficient cause for the conni 
aioners, with the approval of the cabinet, to take possession of 
demised premises without notice, demand, or previous entry and v 
or without legal process, and thereby determine the estate created 
such lease. 

Pabt VI. 

HOMESTEAD LEASES. 

Sec. 28. The commissioners of public lands are hereby author 
and instructed to cause to be surveyed and set apart from time to 1 
suitable portions of public lands for the occupation of such persor 
may desire to obtain homesteads under this part of this act. ^ 
lands shall be selected only from agricultural and pastoral lands, 
shall be laid out in lots of not over eight acres in first-class agrioulj 
land, not over sixteen acres in secona-class agricultural land, not 
one acre in wet land, not over thirty acres in first-class pastoral 1 
and not over sixty acres in second-class pastoral land, and not 
fortv-five acres in pastoral-agricultural land. Convenient roads t 
grade and direction shall be surveyed, connecting such lots with a pi 
road. 

Sec. 29. Upon the completion of any such survey the surv 
shall furnish tne commissioners with a copy of the chart thereof j 
copy to the subagent. The agent of public lands shall thereupon 
public notice through newspapers or posters, or both, in the En 
and Hawaiian language, and, if he deem it advisable, in any othei 
guage in which newspapers in the republic are published, decli 
the said land to* be open for settlement according to the provi 
therefor set forth in this act. 

Sec. 30. Such charts of survej'^ shall be opened to public inopc 
during business hours without charge. All applications for a 
said lots shall be made in person by the applicant at the oflice c 
subagent, and shall include a sworn declaration substantially acco 
to the form of Schedule A. The applicant shall pay to the subaj 
fee of two dollars at the time of making the application. Upon n 
ing any such application and the said fee, the sutagent shall en 
upon tne application the day and hour of receiving the same an 
receipt of the said fee. In case two oi more persons appl 
the 6ame lot, the one whose application is first received shall nai 
preference. The fee deposited by the unsuccessful applicant shi 
returned to him. No application not including a Jeclaration of 
fications as above reauired or not accompanied with the said fee 
be received or considered. 

QUALIFICATION OF APPLICANTS. 

Sec. 31. Any citizen by birth or naturalization, and any perso 
has received letters of denization, and any person who has vei 
special rights of citizenship, over eighteen years of age, who is 
no civil disability for any offense, who ig not delinquent in the 
ment of taxes, who has not made a false declaration in appl^^i 
land under this act, who is not the owner in his own right of an; 
in the Hawaiian Islands not classed as wet land, and who Ih i 



HAWAIIAN INVESTIGATION. 



11 




i;rlinint for amy other interest in land under this act, may make 
lijilii-aiioD for one of the said lots for his own use and benefit under 
t:." provisions of this part of this ai't. 

l*mvided, however, that anv qualified person may apply for one lot 
..f wet land in addition to landTof any other description already applied 
t.»i or aitjuired by him under this part of this act, where such lot of: 
y\*t land IS reasonably near such otner lot; and 

Further provided/that no application of a married person who 
win- or husband owns land other than one acre of wet land in her 
..- own right in the Hawaiian Islands, or who is an applicant for 
If I w r this act, shall be received or considered unless the marriage s 
of ^u.h person has been affected by a decree or annulment, separate 
t»r iivtiri-e. 

>FA'. l\± If the qualifications of the applicant are satisfactory a< 
h"S to the foregoing statement thereof, the subagent shall execix 
t^ rtiticate of occupation in three parts for the lot applied for in f^e^ ^^^<i 
of the applicant, and deliver one part to the applicant, another «^^:^»|f 
U- tiKtl with the agent of public lands, and the subagent shall kee^> "t^A^ 
tMnl on file in his ofiice. The applicant upon receiving the said. ^z*^^ 
tin«iite shall have the right to take possession of and occupy th^ l^l^**^ 
d M-ritH^l therein and shall then bo known as an occupier, which^ ^lji|^ 
aix) }>e the designation of any successors to his rights under tlx^ ^ • ^ 
o rtitit-ate of occupation. The occupier shall be entitled to a Ic^^a.^^ ^Cj 
Nii 1 premises at the end of six years from the date of such certifi^^f 
of • ^ vupation, if all of the conditions of such certificate to be perfoi^^*^ 
>n the occupier shall have been sul^tantially performed by nim. ^Ti?^ 
r» 1 . ipt of such certificate by the occupier shall be an acceptance a^?^ 
dthrmation of the stipulations and conditions therein set forth. ^^ 



a 



'^ 



CONDITIONS OF OCCUPATION. 

Set. 33. The right of possession of the occupier shall, in addition 
to the conditions set forth in section 41, be subject to the following 
-{»»oial conditions: 

L He shall, before the end of two years from the date of the certifi- 
cate of occupation, build a dwelling nouse on the said premises unless 
a -uitable dwelling house is already a part of the same. 

:i. He shall, before the end of two 3' ears from the date of the certificate 
i>f fMTupation, begin to reside on the said premises. 

'3. He shall continuously maintain his home on the said premises 
frnni and after the end of two years from the date of the certificate of 
<»< f ufjation. 

4. He shall, before the end of six years from the date of the certiH- 
<-ite of occupation, reduce to cultivation and have in cultivation at 0110 
time not less than ten per cent of the said land, or reduce to cultiva- 
tion and have in cultivation at one time not less than five per cent of 
\\\^^ said land, and plant and keep in good growing condition on thi^ 
-aid premises an average of not less than ten timter, shade, or fruit 
tnf> per acre thereof, if the same is classed as agricultural land; or 
if the same is classed as pastoral land, he shall, before the end of six 
pars from the date of the certificate of occupation, fence in the same. 

Skc. 34. If at the end of two years from the date of the certificate 
of occupation it shall appear that the occupier has failed in perform- 
ing either the first or second condition set forth in the last preceding 



J 



14 HAWAIIAN INVESTIGATION. 

8. If there are no brothers and sisters, then in the«widows or ^ 
owers of the brothers and sisters. 

9. If there are no such widows or widowers, then in the nepl 
and nieces. 

10. If there are no nephews or nieces, then in the widows or wi< 
ers of the nephews and nieces. 

11. If there are no such widows or widowers, then in the gi 
children of the brothers and sisters. 

12. If there are no grandchildren of any brother or sister, th 
the republic of Hawaii. 

And all such successors, except the republic of Hawaii, sha 
subject to the performance of the unperformed conditions of sue! 
tificate of occupation or lease, in like manner as the decedent \ 
have been subject to such perfoiTnance if he had continued alive. 

Provided, however, that if a widow or widower in whom such i 
est shall have vested as aforesaid shall thereafter marry agaii 
decease, leaving a widower or widow and a child or children ol 
first marriage surviving, the interest of the deceased shall vest ir 
child or children. And further provided, that in case two or 
persons succeed together to the interests of any occupier or I 
according to thie foregoing provisions, they shall hold the san 
joint tenancy so long as two or more shall survive, but upon the 
of the last survivor the estate shall descend according to tne prov 
of the first part of this section. And in case of such joint tenant 
continuous residence of anv such tenants upon the premisi^s sh 
sufficient performance of the conditions of residence set forth i 
tions 33 and 39. 

Sec. 44. In case of the death of an occupier or lessee the in 
of the successors shall not be liable to forfeiture during a per 
six months from such death. If no successors to the deceased 
take possession of the premises within a year from the death oi 
tenant, the premises shall thereupon vest in the government. 

Sec. 45. In case two or more persons succeed together to the ii 
of an occupier or lessee, any one or more of such persons len 
the whole number may file in the office of the subagent an offer 
remainder of such persons to buv their interest in the premise? 
sell to them their own interest therein at a stated price accord 
the proportion of the respective interest in question, and may c 
with the subagent the amount of such offered price in money, 
fee of ten dollars. The subagent shall thereupon notify the pai 
whom such offer is made of the nature of the offer and order tl 
file with him their answer within sixty days whether they Tvill 
sell according to such offer. If the parties to whom such <; 
made file with the subagent within sixty days of the time o 
receiving such notification of their answer stating that they ai 
their interest according to the terms of the offer, the subagcn 
endorse the fact of such sale, with the amount of the considei-at 
the certificate of occupation or the lease, as the case may bo, a 
to such parties the amount of such consideration deposited wi 
according to their individual interest; and the interest of such 
shall thereupon vest in the parties making the said offer. The 
such transfer shall be properly recorded in the official records 
subagent and endorsea upon the certificate of occupation or le^ 
by the occupier or lessee. If, however, the parties to whoi 



HAWAILAJN rjmSTIGATIOX, 15 

od^r i> nuiile fail to answer within sixty days from the time of their 
'^•t inc notified of such offer, or within sixty davs from the time the 
'-»♦ »tiiv of "^uch offer is mailed to their last known place or places of 
a'->ie. or shall answer within siarty davs that they will buy the interest 
"I the parties making such offer on the terms offered, but fail within 
^ixty day> after such notification to deposit the amount represent! ncr 
tnt^ value of such interest according to the terms offered, their interest 
-h:i\\ vest in the parties making the offer and the amount of such con- 
s' i^^ration shall be paid by the suba^nt to them individuallv or their 
r^-^i^^^x'tive representatives upon application. In such case the fact of 
^lu n transfer shall he recorded ana endorsed as above provided. 

But if tfie parties to whom such offer is made shall, within sixty days 
f rum the time of such notification, make answer to the subagent that 
thtrv will bay the interest of the offering parties and shall deposit 
within sixty days with him the amount required for such purpose 
a« wording to the terms of the offer, the subagent shall endorse and 
r>Hx>rd the fact of such sale as above provided, and pay to the offering 
v'-irtie7» the said amount according to their individual interests: and 
v>' interest of the offering parties shall thereupon vest in the answer- 
in ir parties^. In such case' the consideration money deposited by the 
otf taring parties shall be returned to them. 

>EC. 46. The limit of sixty days above provided in which parties 
^r^ill answer shall date from the time the ]ist person entitled to noti- 
ri -ation i> notified, in the manner above set forth. No tran^fer of 
int<^ rests in a certificate of occupation or a lease owned by two or more 
\iMrMms as provided in section 45 shall be valid if any of the said per- 
^ vn^ are nunors under the age of eighteen years unless such minors 
.ir*- represented bv statutory guardians. 

Six*. 47. Land Leld by two or more persons under a homestead lease 
>liall not be subject to partition. 

Sir. 4S. In case the interest in any such certificate of occupation or 
\r-AM^ should vest solely in a married woman or a minor under the age 
(tf eighteen years under the provisions of section 43, the conditions of 
iv-idence set forth in sections 33 and 39 shall be satisfied re.>pectively 
during coverture of such married woman, or during the time such 
minor is under eighteen years of age, by the residence of an agent 

Sec, 4i*. In case two occupiers or one occupier and one lessee should 
intermarry not less than twelve months after the date of the most 
r^'ct'nt ceitificate of occupation taken out bv either of them, the said 
<^'n<iitions of residence shall be satisfied by tfaeir residence on either of 
\L*'\r holdings. 

Sec. ^^k Land held either under a certificate of occupation or under 
11 homestead lease shall be liable to taxation as estates held in fee. 

Sec. 51. Certificates of occupation and homestead leases shall not 
^•']ui^e to be stamped. 

Sec. 5:f. In case of a surrender by occupiers or les>ees of their 
ir:t<F^re!<t to the government, as orovided in section 38. if all the condi- 
tion-' of the surrendered certificate of occupation or lease to be per- 
formed by the occupier or lessee up to the time of such surrender shall 
L:ive been substantially performea, the persons so surrendering such 
interest shall be entitled to receive from the government the value of 
the permanent improvements on the premises surrendered, whenever 
Mich value frhall oe received by the government from a new tenant 
2»< -cording to the provisions of section 54, and the minister of finam^ is 



16 HAWAIIAN INVESTIGATION. 

hereby authorized to pay the amount of such valuation upon 
requisition of the commissioners out of any funds available for 
purpose. 

Sec. 53. In case the interest of a married woman or a minor u 
the age of eighteen years, being the sole owner of a homestead 
under the provisions of section 43, shall be forfeited for nonporf 
ance of condition of the certificate of occupation or lease wncn 
forfeiture is due to such coverture or infancy, such owner shji 
entitled to receive from the government the value of the pernu 
improvements on the forfeited premises whenever such value slii 
received by the government from a new tenant according to the 
visions of section 54, and the minister of finance is hereby autlu 
to pay the amount of such valuation upon the requisition of the 
missioners out of any funds available for such purpose. 

Sec. 54. In case of the surrender, forfeiture, or escheat to the 
ernment of a homestead lease, the land held thereunder may be 
open for settlement, charged with the value of the permanent iini 
ments thereon, as a homestead lease, a right of purchase lea>«' 
cash freehold, or may be reserved for public uses in the discret 
the commissioners. If such premises are held open for settleni 
aforesaid, the unimproved value thereof and the value of the pern 
improvements thereon shall be appraised separately. The apj 
ment shall be made by a board consisting of the subagent and ai 
person to be appointed by the commissioners. Such app 
appraiser shall not be a person holding a government office, 
appraisement shall be subject to review by the commissioners, a 
appraisement adopted b}'^ them shall be good for one year, after 
time the premises may be appraised anew as aforesaid. If the pr 
shall be disposed of under the provisions relating to homestead 
or right of purchase leases, the new tenant shall pay for such | 
nent improvements in cash upon receiving his certificate of occu 
or lease. But if such premises are held for settlement as a cas 
hold, they shall be ofi'ered at auction at the aggregate sum 
appraised value of the permanent improvements and the unim 
value thereof as an upset price. 

Part VII. 

RIGHT OF PURCHASE LEASES AND CASH FREEHOLDS. 

Sec. 65. The commissioners of public lands, with the appr< 
the cabinet, are hereby authorizea and instructed to cause to 
veyed and set apart from time to time suitable portions of 
lands for the occupation of such persons as may desire to obtai 
ings under this part of this act. Such lands shall be select c 
from agricultural and pastoral lands and shall be laid out in 
not over one hundred acres in first-class agricultural land, n 
two hundred acres in second-class agricultural land, "kiot ov 
acres in wet land, not over six hundred acres in first-class ] 
land, not over twelve hundred acres in second-class pastoral la 
not over four hundred acres in mixed agricultural and pastors 
Convenient roads as to grade and direction shall be surveyed n 
ing such lots with a public road. 



HAWAIIAN INVESTIGATION. 17 

APPRAISEMENT. 

.*>EC. 5^. Upon the completion of any such survey, a board of 
appraisers, con^sisting of the subagent and another person appointed 
•y the i-omniissioners, shall appraise the same at a reasonable market 
niti', and report such appraisement to the commissioners by a written 
-i:tt»^uient clearly referring to the lots by number as laid out in the 
. hurt of the survey. Such appointed appraiser shall not be a person 
aiding any other government office. And the surveyor shall furnish 
i.ie i-ommissioners with a copy of such chart, upon which is clearly 
iruirked in figures, within the lines defining eacn lot, the amount of 
luf appraisement thereof in dollars and cents, and a similar copy to 
tLe >uf)agent, provided that such appraisement may be altered by* the 
t 'kiiimis'^ioners. Such charts of survey shall be open to public inspec- 
tion during business hours, without charge. 

Sec. 57. The agent of public lands shall thereupon give public notice, 
in tiie Enp-lish and Hawaiian languages, through newspapers and post- 
♦ r-. and, if he deem it advisable m any other language in which news- 
jitiixTS in the Republic are published, and shall post such notice at 
tiie post-office ana court- house of the district, declaring such lots to be 
«»|Mn for settlement according to the provisions therefor in this part 
of thU act. 

QUALIFICATIONS OF APPLICANTS. 

Sec. 5S. Anv person who is over eighteen years of age, who is a 
citizen by birth or naturalization, or who has letters of denization, or 
who has received special rights of citizenship, who is under no civil 
disability for an 3' offense, who is not delinquent in the payment of 
Uxi's, who has not made a false declaration in applying for land under 
tbi^ act, who does not own any agricultural land not classed as wet 
Uuid, nor any pastoral land in the Hawaiian Islands, and who is not an 
apphoant for anv other interest in land under the provisions of this 
ai t, may apply for one of the said lots for his own sole use and benefit, 
euht»r as a right-of -purchase lease or as a cash freehold. 

Provided, however, that any qualified person may apply for one lot 
of wet land in addition to land of any other description already applied 
for or acquired by him under this part of this act, where such wet land 
i^ in the neighborhood of such other land; and 

Further provided, that any (jualified person who owns less than one 
hundred acres of first-class agricultural land, or less than two hundred 
ai les of secx>nd-c)ass agricultural land, or less than six hundred acres 
of tir!»t-class pastoral land, or less than twelve hundred acres of second- 
cla>!is pastoral land, which is not subject to a condition of residence, 
and who owns m fee no other agricultural or pastoral land, except 
wet land, shall be competent to acquire under tne provisions of this 



f&U of this act so much additioneu land of the class already held ])y 
im a^ together with such land shall not exceed in the aggregate the 
a^K)re-aientioned maximum quantity for such class, or shdlbe compe- 



tent to acquire additional land of some other description, except wet 
land, in the ratio of twelve parts of second-class pastoral land, six parts 
"f lirst-ciass pastoral land, or two parts of Hecx)nd-class agricultural 
land to one part of first-class agricultural land, sufficient to take up 
^uch maximum quantity relatively, according to the class of the new 
land applied for; and further provided, that both husband and wife 

H 1— FT 3—03 2 



18 HAWAIIAN INVESTIGATION. 

may not be applicants for holdings ander this part of this act ut 
their marriage status has been affected by a decree of annulment, i 
ration, or divorce. 

BIGHT OF PURCHASE LEASES. 

Sec. 69. All applications for right of purchase leases shall be 
in person by the applicant at the office of the subagent during 
hours, and shall include a sworn declaration substantially ac^co 
to the form of Schedule A. The applicant shall pay to tne sub 
a fee corresponding in amount to six months' rent of the pre 
applied for, which fee shall be credited to him on account of i 
his application is successful, and if unsuccessful shall be return 
him. Upon receiving such application and such fee, the suVi 
ahall endorse upon the application the day and hour of receivin 
same and the receipt of said fee. In case two or more persons 
for the same lot, the one whose application is first received sbal 
the preference. No application not including a declaration of <] 
cations as above re(][uired and not accompanied with the said f e« 
be received or considered. 

Sec. 60. If the qualifications of the applicant are satisfactory a 
ing to the foregoing reauirements, the subagent, with the apprc 
the agent of public lanos, shall execute a lease in three parts in 
of the applicant, for the lot applied for, and shall deliver to the 
cant one part of such lease, another part shall be filed with the 
of public lands, and the subagent shall keep the third on file 
office. The applicant on receiving such lease shall be designat 
lessee, which snail also be the designation of any successors 
rights under the same. The receipt of such lease by the lessc 
be an acceptance and affirmation of the stipulations and con 
therein set forth. 

OONDmONS OF RIGHT OF PURCHASE LEASES. 

Sec. 61. Such lease shall be made for a term of twenty-one y 
be reckoned from the next first dav of April or October follow 
date thereof and shall also include and require rent for the 
between the date of the lease and such day, and shall be subjecl 
following conditions: 

1. A yearly rental of eight per centum on the appi-aised v 
the landl payable in equal parts half-yearly in advance on the fi 
of April and the first day of October of each year to the suba 

2. The lessee shall from the end of the first year of the said 
the end of the fifth year thereof continuously maintain bis h 
such premises. 

3. He shall before the end of the third year of the said term 
to cultivation and have under cultivation not less than five per 
of such premises, and at the end of the fifth year of the sa 
reduce to cultivation and have under cultivation at one time i 
than ten per centum of such premises, and plant and keep 
growing condition on the said premises an average of not less i 
timber, shade, or fruit trees per acre of the whole area if the 
classed as agricultural land; or if the same is classed as pastoi 
he shall fence in the same. If the premises are classed as p 



HAWAIIAH INVB8TIQATI0K- 19 

ijruiiltural land, the foregoing alternative conditions shall apply, 
r'-}HM'tively, to the two kinds oi lands. 

4. Uv shall not assi^ his said interest under the said lease or any 
iMfi th*»nH>f without the written consent of the commissioners; pro- 
\ i it tl, that a les8ee or lessees holding the whole interest in a right-of- 
p:in base lea.se may, at any time when all the conditions of the lease 
r<» U* performed by the lessee up to such time shall have been sub- 
stantially performed, surrender such interest to the government by 
<1« livrry of such lease to the subagent, with the intention of the holders 
U) >urren(ler the same clearly en&rsed thereon and signed by them in 
tht^ pn\senc€ of the .suba^nt. Any such surrender snail release the 
!«<M^» from all further duty of performance of the conditions of the 
'i.w-uiiiont surrendei"ed, but no surrender shall be valid if one of the 
li-.M'f.s is a minor under eighteen years of age, unless such minor is 
nprt'>ented bj- a statutory guardian; and further provided, that any 
Hti. h lessee over the age of eighteen years of age may assign his interest 
to hi^cotenant. 

Sk(\ ♦>2. The violation of anv of the foregoing conditions shall be 
-urKrient cause for the commissioners, with the approval of the cabinet, 
to tak»* pos!>!*ession of the demised pi-emises without notice, demand, or 
{»r»vi<>a»< entr}', and with or without legal process, and thereby deter- 
ni'Mt' the estate created by such lease. 

Skc\ 68. In case two or more persons become cotenants under any 
>iu h lea«?e by inheritance or otherwise, any of them may compel the 
n rnainder to buy or sell according to the provisions of section 45. 

Sec. 64. At any time after the third year of the said term the lessee 
-\i:i\\ be entitled to a land patent from the government conveying him 
in h^ simple the land described in his lease, upon his paying to the 
L'«>vi^mment the appraised value of the premises as set forth in such 
Uii>^. if he has reduced to cultivation twenty-five per cent of said 
VT>*miM\s and has resided thereon not less than two years, and has sub- 
ritantially performed all other conditions of his lease. 

CASH FREEHOLDS. 

Sec. 65. All applications for cash freeholds shaU be made in writing, 
or partly in writing and partly in print, at the office of the subagent, 
uthI shall include a sworn declaration substantially according to the 
form of Schedule A, and shall be accompanied with a fee amounting 
to ten per centum of the appraised value of the lot applied for, which 
i^-^' shall be forfeited in case the applicant should fail to take the prem- 
i-^<*^ at the upset price in case there should be no higher bid therefor, 
and if the applicant should be successful such fee shall be credited to 
him on account of his first installment; but if there is a higher bid 
than the upset price and the applicant foils to obtain the premises the 
^id fee shall be returned to him. 

No such application not including such declaration or not accompa- 
nif'd by such fee shall be considered. Upon receiving any such appli - 
i^ation and the said fee the subagent shall endorse upon the application 
tho (lay and hour of receiving the same and the receipt of the said fee. 

Sec. 66. Upon applications for cash freeholds tne commissioners 
shall give notice through newspapers or posters, or both, in the English 
and Hawaiian languages, and, it they ueem it advisable, in any other 
language in which newspapers in the republic are published, of auction 



20 HAWAIIAN INVESTIGATION. 

sales thereof at such times and places in the district as they shall dc 
or at the executive building in Honolulu. Such notice shall spc 
the lot to be offered for sale and the appraised value thereof fn 
upset price. 

Sec. 67. If there are two or more applications and there is uc 
above the upset price, the one whose application is first received 
have the preference. The subagent or any other person autho; 
by the commissioners may act as auctioneer at such sales without ts 
out an auction license. 

Sec. 68. A purchaser at any such sale shall immediately pay 
fourth of the purchase price and shall thereupon be entitled to re 
a certificate which shall be termed a freehold agreement, and sh« 
executed in three parts, one of which parts shall be filed with the 
a^ent, one part shlall be delivered to tne applicant, and the thir(i 
with the agent of public lands. In case of a failure of such loxxix 
to immediately pay such one-fourth of such purchase price, the p 
acting as auctioneer shall declare the sale off and shall either I 
down the pjremises to the next highest bidder, or shall put th< 
again forthwith, or shall withdraw them from the auction for th< 
being. The purchaser upon receiving such freehold agreemen 
be designatea the freeholder, which shall also be the designat 
any successors to his rights under the same. Such receipt of in 
agreement shall be an acceptance and affirmation of the stipul 
and conditions therein contained. Such freehold agreement 
authorize the freeholder to occupy and use the premises t 
described and shall entitle him to a land patent for such preiii 
the end of three years from the date of the payment of sue 
installment, which shall be the date of the freehold agreement, 
following conditions shall then have been substantially perform 

1. Payment of the balance of the purchase price in equal i 
ments in one, two, and three years, respectively, from the date 
freehold agreement, with interest annually at the rate of six p< 
tum; provided, that the freeholder may pay such installment 
it is due and thereby stop the corresponding interest. 

2. Cultivation of not less than twenty-five per centum of tl 
of the said premises, and the planting and care of not less t 
average of ten timber, shade, or fruit trees per acre, if a^rio 
land, at any one time before the end of the third year of fen* 
the same if pastoral land within such time; provided, that if the 
ises are classed as pastoral-agricultural land, the foregoing alte 
conditions shall apply, respectively, to the two kinds of land. 

3. Maintenance by the freeholder of his home on such premis 
the end of the first to the end of the third yfear. 

4. He shall not assign or sublet, conditionally or otherw 
interest or any part thereof, under the freehold agreement, 
the written consent of the agent of public lands endorsed < 
agreement; and 

Further provided, that freeholders having the whole intcrc 
freehold agreement may at any time when all the conditions 
to be performed by the freeholder up to such time shall ha^ 
substantially performed, surrender to the government such int< 
delivery of the freehold agreement to the subagent, with the ii 
to surrender the same clearly endorsed thereon, and signed b 



HAWAIIAN INVESTIGATION. 21 

,1 d duly attested. Such surrender shall release the freeholders from 
a'[ further duty or performance of the conditions of the instrument 
*..rnndered. But no such surrender shall be permitted if any such 
:r<*licdders are under the age of eighteen years, unless such minors 
ir»' repre^sented by statutory guardians; and 

Further provided, that any freeholder over the age of eighteen may 
..-^iirn his interest to his cotenants. 

:». Conditions for the prevention of waste, the planting of trees, or 
::•• protection of trees growing or to be planted on such premises, or 
i.r the destruction of vegetable pests that may be on such premises, 
. r t!i«» prevention of the future introduction of such pests thereon. 

^'k He shall allow the agents of the government at all times to enter 
I- id ("xamine the premises. 

7. PaMnent of all taxes that mav be due on account of the said 
'.-r-niiM^s. 

>r.(\ t'»l^ In case of default in the payment of any of the said install- 
r:i^ lit- for thirty days after the same are due, respectively, or failure 
..f ptTformance of an^^ other of the said conditions, the commis- 
>ii'riois, with the approval of the cabinet, may take possession of such 
pnini^es without notice, demand, or previous entry, and with or with- 

ut lt»^ process, and thereby determine the estate created by such 
:n»'hold agreement. 

LAPSES, FORFETTURES, AND SURRENDERS. 

Skc. to. l^pon the detenuination of a right of purchase lease by 
1 ip-«' of time, or upon the forfeiture or surrender of such lease or a 
trrliold agreement, the commissioners may in their discretion and 
within the limit of their authority, open the premises or any part 
tht-reof for settlement, or reserve or dispose of the same in any man- 
ner or for any of the objects provided m this act. And if the same 
an* disposed of under tne provisions of part 7, they shall be reap- 
)»r.i\^Hl, provided that in case of premises surrendered under a right 
"f purchtL^ lease or a cash freehold, if disposed of either under the 
\'V<vi>ions of part 6 or 7, the value of the permanent improvements 
:i!id thf* unimproved value of the premises shall be appi-aised sepa- 
rit«Iy, as provided in section 54, and the incoming tenant shall pay lor 
-url) improvements as therein provided; and the value of such 
j^ rmanent improvements shall, when received by the government as 
ii^r»'^id, be paid to the surrendering lessees or freeholders, and the 
minister of finance is hereby authorized to pay the amount of such 
vulimtion upon the requisition of the commissionei*s out of any funds 
available for such purpose. 

Part VIU. 

settlement associatioks. 

Sec. 71. In case six or more persons who are qualified to appl}" for 
ca>h freeholds under this act shall form themselves into a settlement 
a>MKMation and apply for holdings in one block of land, the commis- 
sioneiN may, with the approval of the cabinet, cause to be surveyed 
Iota in one block corresponding in number to the number of persons 



24 HAWAIIAN INVESTIGATION. 

fied, and the balance in equal installments in two, four, and six j 
respectively, from the date of such application, with interest ann 
at the rate of seven per centum: Provided, that the applicant ma 
any such installment before it is due and thereby stop the corres 
ing interest. The premises thus sought to be patented shall, fro 
date of such application accompanied by one-fourth of the pui 

Erice, be free from the stipulations of such crown lease, which 
owever, remain in full force as to the remainder of the pre 
described therein: Provided, however, that the remainder of the 
ises held under such lease may. with the approval of the commissi" 
be surrendered: And provided further, that the provisions of th 
tion shall apply only to those of such corporations as are or ma\ 
after be incorporated under the laws of tne Republic of Hawaii. 

Sec. 79. The land covered by the crown leases above referre 
hereby appraised as follows: 

The first line of fifty -acre lots nearest the Volcano road, aco 
to the Olaa survey, six dollars per acre; the second line of fift 
lots, four dollars per acre; all other lots, three dollars per acre. 

Sec. 80. The land exempted from sale along the Volcano r< 
sections 76 and 77 is hereby reserved as a permanent park 
devoted to forest growth and other features of park improveme 
no part of the same shall be sold or leased by the commissioner 
out the consent of the executive council nor without first oflferi 
same to the owner of the land immediately in the rear upon the 
specified in sections 78 and 79. 

Pabt X. 

PUUKAPU, KAIMU, AND WAIAKOLEA RESERVATIONS AND NAT 

RESERVATIONS OF OLAA. 

Sec. 81. Any person holding land situate in said Ahupuaa < 
under a lease from the commissioners of crown lands not rei 
rent for the first five years of such lease or situate in the Ahup 
Kaimu and Waiakolea in said district of Puna, or in the Ahui 
Puukapu in the district of South Kohala, on said island of J 
under a lease from the crown commissioners for a term of thirty 
may, at any time after the first payment of rent, when all th^ 
tions of such lease to be performed "by the lessee previous to su 
shall have been substantially performed, receive from the su 
upon applying therefor and paying to him the requisite deposit 
a certificate of occupation, a rignt-of-purchase lease, or a f 
agreement, at the option of the applicant, for the premises dc 
in such crown lease. Upon receipt of such certificate of occi: 
right-of -purchase lease, or freehold agreement by such person, 
■crown lease shall be void. 

Sec. 82. Under the provisions of section 81, the deposit 
upon application for. a certificate of occupation shall equal twe 
cents for each acre of the premises under consideration; upon j 
tion for a right-of -purchase lease, the deposit money shall e< 
months' rent of the premises under consideration, which g 
credited to the applicant on account of rent if the applicatioi 
6essful; upon application for a freehold agreement, tne depo 



HAWAIIAN INVESTIGATION. 25 

correspond to one-fourth of the purchase price of the premises under 
'»n^ideration, and shall be credited on account of the purchase if the 
i\ plication is sui'cessful. If any of such applications are unsuccessful 
t:jt* deposit money shall be returned to the applicant. 

Se<\ 83. The land covered by the said crown leases in said Olaa, 
Ka.inia« Waiakolea^ and Puukapu is hereby appraised at two dollars 
vA a half an acre for the purpose of the foregoing provisions for f ur- 
r.^hingthe Ie*vsees thereof right-of -purchase leases and freehold agree- 
r: »'nt5. Such appraisement shall nx the value of land taken under 
f r» r-hold agreements without an auction sale. 

Sec. S4. Except as above provided, the general provisions relating 
to homestead leases, right-of -purchase leases, and cash freeholds 
<^A\ appiv to the status of the said paiiiies, securing such holdings, 
i»-WH'tively: provided, that any continuous residence performed by 
- .« h parties under the said crown leases shall be credited to them in 
. ke manner as if the same had been performed under the certificate of 

• " « upation, rigbt-of -purchase leases, or freehold agreement so obtained 
•;v them, res|>ectively , as performance or part performance of the resi- 
:■ uie condition of such instruments. 

• 

Pakt XI. 

Sfx. So. From and after the publication of this act no land shall be 

• 'j^m*d for settlement under the provisions of chapter 87 of session 
. i>% ^ iif lsi^2, entitled ''An act to consolidate and amend the law entitled 
*Aii vurt to facilitate the acquiring and settlement of homesteads,' oth- 

• "u 1^ known as the homestead act," which act shall, however, remain 
ill fon-e in relation to such lands as have been already taken up by 

*• 1 1 lent. 

Se< \ m;. An act entitled '*An act to create a sinking fund," approved 
K^vmber 31, 18H4, and an act entitled *'An act to relieve the royal 
i 'iimin from encumbrances and to render the same inalienable," 
.i|»proved January 3, 18(55, are hereby repealed. Sections 36, 39, 40, 
4*-. 43, 44, 45, 40, and 47 of the civil code, chapter 44 of the laws of 
>7fJ, chapter 5 of the laws of 1878, chapter 87 of the laws of 1892, and 
I' I No. 48 of the laws of the provisional government of the Hawaiian 
Inlands are amended to conform to the provisions of this act. 

Sk<\ h7. This act shall take effect from and after the date of its pub- 
liiution. 

N iiu>CL£ A. — Ju/rm of declaration of application for homestead 
feaseft^ rig /U-rf -purchase leases^ or cash freeholds. 

1 1 \ WADAN Islands, I ^ 
Nlandof . f^* 

I. , being sworn, say that I am over eighteen years 

"1: that I am a citizen by birth (or naturalization) of the republic of 
Hawaii (or that I have received lettei*s of denization under the repub- 
ii' of Hawaii); (or that I have received a certificate of special right of 
• itizenMhip from the republic of Hawaii); that I am under no civil dis- 
i -.lity for any offense; that I am not delinquent in the payment of 
t:»\t"«: that I have made no false declaration in applying for land under 
-aii.l act 18S^5; that I am mariied (or unmarriea); that I do not own 



26 HAWAIIAN IKVE8TIGATION. 

land in the Hawaiian Islands not classed as wet land (if married 
wife or husband does not own such land); (or if an owner of 
land and an applicant for enough more lana as a right-of-pui 
leasehold or a cash freehold to make up with the land already 
by him the maximum quantity as allowed and provided by sect!* 
land act 1895, that he owns such and such areas of such and 
classes); that besides the land now applied for I am not an api 
for any interest in land under land act 1895 (if married, that th 
or husband is not such an applicant), and that I am applying i 
said land solely for my own use and benefit. 
Approved this 14th day of August, A. D. 1895. 

Sanford B. Dole, 
President of tlie Repvblic of Ilai 



LIOHT-H0TTSE8— TESTIMONY OF HSHKT E. COOPEE. 

Honolulu, Hawau, Augvst '2S^ . 
Hon. James H. Boyd, 

Superintendent oj Public Works ^ HotwIvlIu, 

Sir: I have the honor to submit the following report on light- 
Territory of Hawaii: 

All light-houses on the various islands of the group, with the 
tion of Diamond Head, are wooden towers, with oil lamps. The 
lights of Hilo are electric lights with red and green globes, 
lights answer a twofold purpose — that of range lights for 
entering the harbor and for wharf and street lights, the ex| 
maintaining same being charged against appropriation, Hih 
lights. 

The Honolulu Harbor lights consist of red light on light-houg 
and green light over custom-house, giving range for vessels i 
harbor. The island light is a wooden tower erected on c 
piling, and is in a dilapidated condition and needs reconstruc 
raising. The Mvrtle Boathouse has been placed in a loca 
shuts off the lignt, and vesf^els can not picK it up until lust 
harbor entmnce. The island light is a carbide-gas light, and i^ 
satisfactory. The green light on the custom-house is an < 
3-inch B. & S. oiHamp. The repairs and reconstruction of th( 
lights will cost $4,000. 

The following statement shows the money expended during 
fiscal year for salaries of light-house keepers, light-house supf 
repairs to same: 



Pepeekeo 

Kohala 

Honolulu 

Diamond Head.. 


LIGHT-I 

Cost of tupjAiesfoT yea 

$18.00 

20.20 

213.96 

226.27 


lOUSES. 

r ending June SO, 190£. 

lAiipahoehoe 

Mahukona 

Kaunakakai 

Kfllfteokalaan 


Barbers Point... 


27.50 


Paukaa 


T Ahainii ....... 


25.35 


Nawiliwili 


Makena 

Maalaea 

Kawaihae 


47.50 

30.00 

36.60 


Total 



HAWAIIAN INVSSTIOATIOK. 



27 



Sdlarie$ of Hght-^umae keepen. 



: -2 Hftrtmr. 2 li^hlv W. F. WUliams. 

: -1 Hewd, Oafaa ! Kaukaliu 

- : inCOaiui ! H. Hatton 

-..-**ti. Molokai J.R.BaROW8... 



M-kUi J. AndeiBOO 



. { "l. Hawaii i J. HoopU 

. iUwmri ' $.Kanahua... 

H&waji Makaihaxialoa 

■ . KA'itd M.Soiua 

^.>^: Mi«k>kai J.N.Uahinoi. 

» Mill G.H.Duim... 



'A Hawaii 

Viai 

'.' H«w*.i ^Wilder Steamship Co 

• :.'V. Hawmii 



I' 



C.L. Wight 087.60 



Per 

month. 


Per year. 


175.00 


1800.00 


75.00 


900.00 


25.00 


800.00 


75.00 


900.00 


20.00 


210 00 


15.00 


190.00 


IV 00 


180. Ott 


15.00 


180.00 


20.00 


; 2I0.0O 


24.00 


9e.oo 


24.00 


96lOO 


oS7.eO 


150.00 



090.00 



860.00 



o Per quarter. 

/,,,.. -.r* u, lujhi-h*m*e^^ Hutrged agointi " Repairs {ind furniture. Government buildings," 

far year ending June SO, 1902. 

Kjij*-..kalaaa $344.87 | Diamond Head $37.02 

K^Aailiae 607.59 ] Barbers Point 48.90 

ff r-lulo 1.25 I 

• .-:.^m-hoQ8e 15.25 : 1,054.88 

Tifial rost ijf inainiaining lights <m Hawaiian Iskmds during last fiscal year. 

-uin« $4,722 

JU^T*iR» 1,054 

^:i.i4it» :.. 951 



Total 6,727 

Avt^rage monthly expense, $560. 58 pins. 

I have the honor to be, your obedient servant, 

Mabston Campbell, 
Aiiidstant Superintetident of Public Works, 

•" ' lUd gttjtement shouiug erpendttures for labor and material for dredging Honolulu 

Harbor. 

INXIDEXTAL EXPENSE. 



• nnjf 1 16.00 

V . r .^ , 104.13 

V 'riepfaop I 1,378.60 

;^i>u»boat 1 7.60 

.'- QoriBgaodoutiJig ( 11.60 

''«n repairs 89.25 

- • i^'lrpd^er inqvection 1,015.50 

^. '-"n-ilrMi^er inapectioD 718.00 

V '.-rAcowB 73.25 

^.-hman 474.25 

Total 3,877.88 



Material. 


Total. 


918.44 


824.44 
10L18 


185.45 


1,563.95 
7.50 




11.50 


128.60 


217.75 

1,015.50 

• 718. 00 




159.00 


232.25 
474.25 







491.39 ; 4,809.27 



28 HAWAIIAN INVESTIGATION. 

Covdract. 

Dredging Honolulu Harbor: 

Cotton Brothers, section 2 $25, 51 

Hawaiian Dredging Company, section 1 20, 

Total 45,5 

This includes dredging both slips, Hackfeld wharf; also ha 
from Inter Island wharf to Hackfeld wharf; also in front of c 
pen. 

Summary. 



Dredging $45,583.64 

IncidenSd expense 4,369.27 

Completing makai slip 400. 00 

Total amount expended 50, 352. 91 



Appropriation $50, ( 

Overdraft 3 



Total 61, < 



BTJUnEES AND TEADERS' MEMORIAL— TESTIMONY OF PIHK; 

Honolulu, Haw ah, Septeinber 6\ 19 

Hons. John H. Mitchell, J. R. Bubton, and A. G. Foster, 

Subcommittee of United States Senate 

Committee on Pacific Islands and Porto P 

Sirs: The undersigned, being a committee duly authorized bi 
of the Builders and Traders' Exchange of Honolulu, Hawaii, to 
and present a memorial to your honorable conmiitjee on behalf o 
exchange, have the honor to herewith transmit such a memorial t 
respectitllly request full consideration of the matters and things t] 
set forth. 

A. Gartlky 

L. E. PlNKH 

W. W. Har 



Honolulu, Atigust i<9, /. 

To the honorable committee of the- United States Senate^ Hon. J(^ 
Mitchell^ chairman. 

Gentlemen: The present deplorable condition of the affairs 
Territory of Hawaii, in its relation to the General Government 
United States, renders it incumbent upon representative local bi 
organizations to call your attention to matters of public welfare 

ISOLATION. 

The Hawaiian Islands are so distant from the mainland, in fa 
most distant large insular body in the world, that there is neces.^ 
multiplication of governmental, social, and business institutioi 
attendant expense out of all proportion to the character and n 
of inhabitants as compared with continental United States. 

EXPOSURE. 

Situated directly in the highway of the Pacific, with frequent 
almost daily, steamship commumcation with oriental and Aus 



«■» t 



1 1 



HAWAHAN INVESTIGATIOW. 2ft 

f">rts, en route to and from the Pacific coast, Honolulu and Hawaii 
Aiv extremely exposed to the violent epidemic diseases such as create 
^»uMic apprehension and terror. This occasions public expenditure 
'•\vond comparison with the numbers and wealth of this community. 
Thi* expenditure is ceaseless, as, by such vigilance only, is the safety 
tif hi^tii ^secured. 

Hawaii^ at its present sole expense, stands as a guard and quarantine 
■*trtween the Orient and Unitea States ports. 

LABOR SrrUATION. 

It is not in the province of this conmiittee to attempt recommenda- 
tions as to the labor problem confronting our main and almost exclusive 
iri^'.u^try, the rai^sing of sugar. We do request your keen attention to 
th- fact that skilled labor is being driven from employment, from the 
- :ind'?, or to a lower, meaner, and almost intolerable scale of living 
t:.n»ugh the competition of alien labor. Private selfishness can not be 
controlled. We, however, most emphatically protest against any 
i' tit>n of the United States Government, through its local and official 
r-'presentatives, in employing, directly or indirectly, through contracts, 
n tractors, or otherwise, auen labor. 

>*.> far as Hawaii is concerned, such action bv United States officials 
r (x>ntractors undermines the body politic, and must react on the gen- 
• nil welfare, social and political. 

' We h^*lieve all United States contracts or enterprises requiring nomi- 
nal «&killed labor should, by law, if possible, or Executive instruction, 
*'*i i*onfined to labor other than alien, and on a scale of compensation 
p»*rmitting American civilized standards of living. 

EXPENSE OF LEPEB MAINTENANCE. 

While the number of these unfortunate beings, the lepers, is gradu- 
ally decreasing, yet at the present they and their children and attend- 
Hrit>, public charges segregated on the island of Molokai, number 1,009, 
»T»-ting the Territorial government to maintain $138,260 annually. 

To i*omprehend what a charge this special misfortune imposes on 
thi^ 7»niaU community, let your conmiittee realize this charge is equal 
to the people of the continental United States maintaining 507,000 
I^-r-onai in complete idleness, at an annual cost of $70,095,800. Such 
a Imnlen would seem to the people of the United States as too onerous 
to he liome. 

in addition, Hawaii is obliged to maintain all other enlightened insti- 
tutions — prison, reform, charity, hospital, and educational establish- 
ni«nti». 

Thin unusual (H>ndition and phenomenal burden should make a pro- 
found and lasting impression on your minds and recommendations. 

RACE AND SOCIAL GONDmONS. 

lo Hawaii occidental and oriental civilization meet in a contest 
paralleled in no other country on the globe. 

When the time comes that the oriental aliens, as a body, insist on a 
(I'lrettponding standard of living and family status to that of the white 
iDao« toe danger of the overthrow of Caucasian civilization will cease. 



50 HAWAIIAN INVESTIQATION. 

To attempt to regulate by law these differences is weD-nigh im 
ble. It is in the power ot the National Legislature, and partici 
in the power of the national executive departments, the Arm 
Navy, to throw their Government patronage in support of the cii 
tion they embrace and expect to nave preserved for them and. 
successors. 

POLmCS AS RELATED TO BUSINESS. 

The peculiar political and specially legalized economic cond 
existing for many years in the Hawaiian Islands produced a bia. 
expectation of continued special privileges that many, even o 
most intelligent and interested citizens, could not overcome durir 
earlier periods of annexation. On their support and patriotisn: 
Territory must rely for sound economic and political conditions, 
better judgment will ultimately prevail and a campaign of educ 
and more elevated politics be inaugurated. It is doubtful if a pea 
community can be secured by discrimination in suffrage. 

Business has been unfavorably affected by many apprehension:^ 
the course of general and local government, and the misgiving 
exists. However, there are enough good, intelligent citizens, wl 
sound, unselfish measures, and piiolic education and moral force 
control local affairs. The commg election this fall will disclos 
situation. We submit if the issue of good government is force 
events, the United States should so amend its organic act as to pr< 
a most stringent and enlarged veto power in proper hands for the 
trol of local affairs, Territorial and municipal. 

LOSSES FROM BUBONIC PLAGUE. 

The facts have been fully laid before Congress in Senate Reporl 
1933, Fifty-seventh Congress, first session, and relief petitioned, 
justice ana necessity of such relief should be apparent. 

PUBLIC FEDERAL IMPROVEMENTS. 

To date they have been of minor importance, and devoted ali 
exclusivelv to facilities for operations between the continental Ur 
States ana the Philippines and the Orient. 

Light-houses are inadequate and still a local charge. 

Harbors are still maintained and improved at local expense. 

PROJECTED FEDERAL IMPROVEMENTS. 

The projected improvements at Pearl Harbor, and camps and f< 
fications, while of great local importance, are a vital part of the 
scheme of public deiense of the entire nation, and should not bo un( 
weighed in our financial relations to the Government. 

EXTRAORDINARY REIMBURSEMENT OF FEDERAL TREASURY. 

From the extracts from official statistics, given below, we ask y 
committee to consider the remarkable reimbursement made to* 
United States Treasury of not only the entire Federal Govermij 



HAWAIIAN INVESTIGATION. 81 

• xpendituTe in Hawaii, but the great per cent already paid toward 
»-xtin|nu^hment of the payment on account of the public debt of 
Hawaii upon annexation. 

FEDERAL. RETENUES FROM HAWAH. 

« 
From June 14, 1900, to March SI, 1902, 
l:''«vif»te: 

rtiatomft revenne $2,293,224.33 

Intenud revenue 168, 543. 86 

4 vrosB revenue 2,461,768.49 

I^loi-t expexkfle of collection— castoms and internal revenue 192, 135. 72 

Net revalue (211 months) 2,269,632.77 

How applied and expended. 

\nnexuig Hawaiian Islands to the United States |9, 848. 34 

^■&I.&nef^ distTict courts. Territory of Hawaii 7, 230. 97 

^»»Uirie» of ipovemor, etc., Territory of Hawaii 71, 839. 61 

» Qtini^ent expenses 4, 353. 03 

I:i.{.n»ving Pearl Harbor 20, 300. 00 

•rianntine eervice 55, 809. 29 

l>payinent to importers 27,273.90 

Urbditarce, drawoacks, etc 11, 971. 79 

208, 626. 93 

Net revenue above all ordinary expenditures, or at 

the rale of $95,860.72 per month 2,061,005.84 

Hcacauan debt paid by the United States Treasury. 

WvTOent of <lebt of Territory of Hawaii $3, 193, 129. 79 

L. ^uidation of deposits in Hawaiian postal savings bank 761 , 457. 52 

Total 3,954,587.31 

Balanre 1,893,581,47 

T'.alan<v against Hawaiian debt March 31, 1902, $1,893,581.47. 

Should the above-named average continue, by the beginning of the 
R**xt fiscal year of the United States, July 1, 1903, the Hawaiian 
Inlands will have practically reimbursed the United States Govern- 
ni«'nt for every dollar paid out in behalf of annexation, furnished the 
< fi»vemment with lands and sites for its various purposes, leaving the 
tltli* of all public lands and property in the United States Government 
^ftithout cost to itself. 

Thi^ LH an unparalleled public financial showing, and it is doubtful 
if •ver one country was aosorbed by another at no cost in so short a 
{^rioi 

The withdrawal of such proportionally enormous sums of money 
Would bopel<*8sl3' bankrupt any like population in numbers in Conti- 
nt>ntal United States, and can not be indefinitely continued here without 
•lire ret»ttlt8. 

RECIPBOCITT ADVANTAGES. 



e were not all on the side of Hawaii. A veiy large per cent of 
th** MTumulations from the financial benefits of reciprocity have been 
n«inv€Mted in new and enlarged plantations; much of it has been thus 
lodt or become absolutely nonincome producing. 



82 HA^ A 



IIAN INVESTIGATION. 



The sug^ar situation throughout the world is a disturbing prob 
to us, a vital one. The Federal Government should not look I 
ward, but adjust our relations to the conditions. 

RELATIONS TO CONTINENTAL UNITED STATES. 

This organization does not pretend to indicate the constitut 
remedies to be applie<l to or limitations that affect our status 
point out how our welfare must be brought about by enactmen 
Congress, but we do submit that, from distance and circumstanc 
do not enjoy the direct and immediate benefits that cover the c 
nental United States and Territories in the financial operations ( 
Federal Government. 

We submit our situation resembles more that of a colony, am 
the revenues should not be unduly transferred from our Territc 
the United States Treasury and expended elsewhere. 

RECOMMENDATIONS. 

We ask of your committee that by its recommendations it urg 

That all Government contracts and work, so far as skilled la 
concerned, both directlv and indirectly, be let only to other that 
labor, and so stipulated. 

That should political unrest and incompetency continue, the i 
mental law be so amended that business interests may have tb 
tection at least of an enlarged veto power placed in unbiasc 
impartial hands. 

That a means be promptly and earnestly sought, by suitable j 
priations or a proportional return of revenue to the Territorial 
uiy, to cease tne Federal drain upon the resources of the Ha 
Islands. 

That there be a positive reimbursement by some legal mean: 
the Hawaiian Federal revenues of an amount ec^usA to the cost 
leper maintenance, and provide for a reasonable increase, that f 
benefits may accrue to tnese unfortunates. 

In presenting these claims we seek no advantage over other 
and Territories, but, believing that we are somewhat situated m 
new acquisitions of the United States, we ask such consideration ; 
toward the maintenance of good government, American civili 
and sound financial condition, and a proportional cessation of the ] 
drain on our resources. 

Respectfully submitted. 

The Builders and Traders' Exchange, 

Of IIotvoIvIai^ IIa\ 
A. Gartlet, 
H. SuwEG, 

L. E. PiNKHAM. 

W. W. Harris, 
Comin 

Note. — In support of statistics given we refer to the ofllcial 
of the United States Treasury Department as contained in 
Report No. 1933, Fifty -sixth Congress, first session, pp. 90, 1! 
121. ■ 



HAWAIIAN TmrESTIOATION. 33 



LABOR.— HUMFHREY'S TSSTDEOVT. 

Depaktment of brrERioR, Bureau of Immigration, 

Ilonolvlu^ HawatL April 27 ^ 1897. 
( i[)t. J. A. King. 

/ V* ft /V /^i4 f litu I nl of Lit rn ifjrftt ion . 

mk: In a^-cordani-e with your instructions, I left Honolulu on the 
-T»iinier Mihihuhi Wednesday, April 21, and proceeded to Lihue^ 
Kiiuai, for the purpose of investigating the causes that led up to the 
'^o-nt riot on Lihue plantation, and which resulted in the death of a 
* : jif'^e contract la^x)rer and the arrest of 15 others on the charge of 
r "ting. Ng Chan, a Chinese interpreter, accompanied me. 

Arriving at Lihue on the 22d at 4 p. m., I at once made myself 
k:.' )wn to Mr. Carl Wolters, the manager, and stated to him the ol)ject 
of niv vi<it, and then had a long conversation with him. At the time 
of my arrival all wa^ quiet on the plantation. 

ir^riy next morning I was out m the fields among a large gang of 
^ imne?5e and Chinese laborers. I picked out the following men: Lau 
r w, Leong Chin, Chung Hop, Shun Bun, Chin Yow, Fook Lung, Dung 
M»^, and Wong Duck, tcx>K them one by one and examined them 
T:.r'»u<rb the interpreter in regard to the recent trouble, as well as to 
h« w they had been treated on the plantation since their arrival. The 
t#-Timi»ny was very much the same in each case. 

Their <*bief complaint was directed against the head luna, William 

Zc'itHr, who, they say, was at all times very hard in his treatment of 

tii»ui. When ttey would line up for work in a morning, waiting to 

r^. ♦'ive their tools, if they did not move quite fast enough to suit him 

r,»- would knock them about or else kick them. Sometimes he would 

;*k*^ them in the back with the handle of a hoe. When in the tield 

t*>'y were at work doing their best he would yell at them to work 

<i.n» ker. In fact, he was at them pretty much all the time they were 

"ut in the fields. He rarely spoke to them through an interpreter, 

1' d &^ a conscH|uence they could not understand what he said, as they 

.1'*' not acquainted with the English language. On the morning of the 

r«»w they testified that after lining up, and while waiting for their 

t*«*U, the luna, instead of giving out the tools, shouted out something 

» fi ifh they afterwards understood was an order to go and pick up rocks. 

.\t the time they did not understand the order, and this, they claim, is 

w \i\%x .started the whole row and led to the tight, as they were pretty 

«• II wanned up and very much angered toward the luna. If he had 

t"l'i them through the interpreter what he wanted, instead of abusing 

on«> or two of their number, it would have been different. It was no 

tx- nukking any complaint to the manager, for he took no notice of them. 

I li4\v understood that they were to work on the plantation for three 

\»-.in* under contract, ancf were willing to do so to the best of their 

rulity if properly treated. They did not appear to have any serious 

.rrievance against the other lunas. Since the rioting they claim that 

tli'V have lieen treated a little better, vet there is room for much 

in.proveraent. They claim that to be arrested for not working quick 

»'toug^h Is a hard>hip, and at the same time they lose their money. 

I »»o men re<-eive $12.50 a month, but out of this $1.50 is remitted to 

thf |ji«rd of immigration toward paying the laborer's return passage 

H I-PT3— 03 3 



84 HAWAIIAN INVESTIGATION. 

when he desires to return to China. That leaves him $11, but i 
are very few that receive over $6 or $7, and some of them evei 
than that, on account of .the persistent docking; for what they s 
loss to understand. It woula be of no use to say anything to the 
ager; he is always deaf to any of their complaints. Their next 
plaint was with rcj^ard to the number of hours they have to \^ 
The contracts call n>r ten hours in the field. In this matter I find 
the men are turned out earlier than they ought to be, and soaie^ 
are a little late in being sent home. I do not know what •parti< 
time is kept on the plantation, but I am very much under the ini 
sion from what I gathered that the mill clock is one of a kind 
moves quicklv or slowly, as required. The men told me that sine 
fight the clock had changed. Another piece of information they 
was that the sheriff, through his own interpreter, told them that 
could leave the plantation any time by paying $50 and go where 
liked. This is only partly true. The sheriff has in his posses^si 
letter from Manager Wolters stating that as the men were a vicioir< 
bad lot he would like to release them. But Mr. Wolters forgets 
he has not the authoritv to do so; it can onl^ be obtained from the b 
of immigration, and tnen on certain conditions. 

In regard to the docking of their wages, the men could not ex] 
for what reason this was done, and certainly I got very little satii 
tion from those in charge when I went into the matter. Sometin 
man feels sick when he gets up and, like other people, wants to .< 
doctor. He visits the doctor, who has probably quite a numbc 
attend to. Say he gets through with the doctor about 10 o'clock, 
medicine, and feels oetter. It he goes in the field at noon to worl 
afternoon, the bookkeeper told me they do not pay the man for 
afternoon. Some explanation was afterwards made to me by 
manager, but it was not entirely satisfactory. The same may be 
when 1 asked the question, "Do you dock the men's wages for w< 
ing slowly ? " The manager pays the men their wages, and I 1 
asked him in future to be very careful in his system of docking am 
it fairly. If the men have a grievance as to their wages, let i1 
stated through the interpreter. The idea of pushing a laborer on 
side for asking the reason his wages have been docked, without 
explanation, is not right. 

Another complaint was that of a sick laborer, who was recei 
returned to China, who had seventeen days' pay coming to hiin wl 
had not been paid. As the bookkeeper was laid up sick at his home 
could not explain without looking at his books. I have requested 
matter to be looked into when he is well and reported to me. 

I next interviewed the luna, William Zoller. This man has beer 
the Lihue plantation for several years. He complains that the Chir 
laborers are a tough and a bad lot and hard to get along with, 
the morning of the riot he says that the Chinese started the riot 
coming out armed with sticks under their clothes. He did not 
what caused them to come out armed. On pressing him 
admitted that he had laid hands on laborers at different times. 1 
manager also confirmed this latter statement. I was also infori] 
that Zoller has been seen to go behind Japanese laborers in the tiel 
lift them up by their heads and drop them. Lunas Wolters, Schmi 
and a German were questioned, but had very little to say. They s 
they had had very little trouble with the men and did not think 2oI 



HAWAnAN IKVJB8TIGATI0N. 35 

! :iA I called on Dr. Watt; but as he had only been three weeks on 
n*' plantation, he could not say very much. He was imable to say 
.ir.vthing from personal experience. He was very careful in his 
t \amination of the laborers and would not send men out in the fields to 
w.irk without he was fully satisfied as to their condition. 

Kong Wa Chang, a Chinese storekeeper, stated that the Chinese 
J.i' hirers on the plantation were treated very badly and were always 
•iiiplaining to him. 

M^^eting Mr. A. S." Wilcox on the last day of my visit and asking 
^ ii.^t I was doing in Lihue, he said to me, without being asked, that he 
«ii'» very glad some one had come down to investigate; it was very 
r .-it'^^ar^- to inquire into the brutal treatment that had been going on 
<*n that plantation. 

Mr. George H. Fairchild, manager of the Makee Sugjar Company, 
h:t- a number of Chinese laborers who came at the same time and from 
tl>«' same place as those on Lihue. He says he has had no trouble 
'^ ith them. He does not allow his lunas to touch the men and is very 
*irirt in this matter. 

A lady well known in Lihue volunteered the statement that she was 
r^ i'iy at any time to testify to the ill treatment the laborers received at 
tr.*" iiands of the lunas. 

Ill my several conversations with the manager, Mr. Carl Wolters, 
'r *• denied the truth of many of the statements made to me by the 
1. huH-se. He said that while away a short time ago there was trouble 
i^u tho plantation and the head luna was really the cause of it. About 
ri'tt'en months ago the same luna had quite a row with the Japanese 
i:»N)rers. I said: *' Why don't you get rid of that head luna, seeing 
fhitt be is the cause of so much trouble?" and Mr. Wolters did not see 
i:««w to answer me. He does not like to have trouble with his men, 
ii'> i bis orders are that the lunas must not abuse the men. 

I «i4*sire to state that after examining the laborers in the field I told 
iK«-iii who 1 was, how 1 had been sent by the government to inquire 
ir.io the trouble, and that Mr. Goo Kim Fui, their representative, 
^ '• w I bad come. I then in brief told them of the law under which 
tlwv had come into the country, that at all times they were under the 
}»rotfM-tion of the laws of Hawaii. They must at all times obey the 
l:i>N -. If thev had any serious grievance, they must at once report it 
tn Mr. Goo Rim. They should never take the law in their own nands. 
No ifCMMl would come from that. I told them it was certainly not the 
wi-hof the Hawaiian government to hear of them being ill treated. 
If at any time their wages were not correct, they should go to the man- 
HL''T with their interpreter. They thanked me for coming and listen- 
ir '/ to their troubles and hoped they would be treated ^tter in the 



fiifure. 



I visited the laborers while in their (quarters and also while they 
w« r«* away. They did not make complaints, but really there is much 
r»-.ni for improvement. I told the manager the}' were living in too 
• rowd«-<l a i-ondition. In one room 16 by 20 feet 14 men were sleep- 
r j: in another, 16 by 2(), 20 men were living. 

1 f I may be allowed to review the above evidence and statement, I 
In not think there is any difficulty in coming to the conclusion that 
ilr#' trouble which ended in serious rioting and the loss of life was 
'rotight on by the harsh, and what 1 consider cruel, treatment the 
laUirers have received at the hands of the bead luna, William ZoUer. 



36 U^^^^UAN INVESTIGATION. 

There is not a man on tUe plantation that likes him or has any 
word for him. I am of the opinion that this man and the mat 
do not get along together and that the latter is afi*aid of ZoUet 
the manager^s instructions to the liinas have been to keep their \ 
off the laborers, they have not been followed out, and the manaj 
open to the severest criticism. 

There is no way in which I can speak good of the Lihue plants 
I have listened to no outside or street talk, I accepted no nospi 
from anyone in Lihue, had my eyes and ears open all the time 
there, and am fully convinced, after careful consideration, that in 
to prevent a repetition of the past William Zoller, the head 
should at once be discharged from the plantation and that Ma 
Wolters should be reprimanded and hela to strict account for th 
ter treatment of the laborers in the future. The docking < 
laborers' wages should be done fairly, and their grievances snoi 
given a hearing. There are soon some Chinese to arrive for I 
and I think that something should be done before they are sent 
plantation. * 

Respectfully submitted. 

Wrat Taylor, 
Secretary Bureau of Immigrat 



Department of Interior, Bureau of Immigration, 

Ilonolukv^ Hawaii^ June 19^ 1 
Capt. Jas. a. King, 

President Board of Immigration. 

Sir: I haVe the honor to present the following report of a visi 
by me to the Olowalu Sugar Company^'s plantation, island of M 
the 9th day of June, for the purpose of investigating eertaii 

{)laints made by the Chinese contract laborers on that plantati 
etter to Mr. Goo Kim, Chinese commercial agent, whicn letter 
with me. Ng Chan, Chinese inteipreter, accompanied me to Ol 

When 1 arrived there, the manager, Mr. Aug. Hanneberg, w 
eral miles away in the fields, and I had been there fully two 
before he returned. However, in the meantime I went on w 
investigation among the laborers. Their letter to Mr. Goo Kii 
plained of persistent docking of their wages and harsh treatmoi 

With regard to the former complaint, I had before I went to O 
and still have in m}^ possession, one of the plantation time 
showing the Chinese laborers' time for each month from Mavcli 
to April, 1897. The book speaks for itself, and proves on evei 
that the men's complaint is not without foundation. The n 
admitted he docked the men for working slow; it was the law, 
would do it. He is too severe, and if this docking habit of hi 
checked there will always be trouble with laborers at Olowalu. 

As to the second complaint— harsh treatment — I examined sij^ 
the laborera on the plantation, ten of whom signed the letter 
Goo Kim. I asked two of them, before the manager, if he hj 
kicked them, and they replied through the interpreter that n< 
had he kicked them, but others, too. Mr. Hanneberg dcnie 
statements, but admitted to me he had pulled the men out c 
quarters for various reasons and pushed tnem around. 



HAWAIIiLK INVB8TIOATIOK. 87 

Ah MaQ« a free laborer^ who has been at Olowalu some time^ toud 
*:. it the free laborers were treated better than those under contract. 

The mana^r has a bad habit of going into the laborers^ quarters 
ir.vi pulling them out. 

Lam Hing Wing, cook for a gang, said he never got full pay, though 
. ♦ worked all the time. Two Hawaiians told me mey haa worked on 
t:j« plantation, but had left, as the manager was a very hard man to 
work for. 

The laborers" quarters are the filthiest I have ever been in; in fact, 
vir whole plantation is in need of a cleaning up. The inside of the 
r-»nis are black with cobwebs, and it looks as if whitewash was 
LiTiknowD on the place. Mr. Hanneberg said he intended to whitewash 
ill*' housi*s at om^. I sincerely hope he has done so. 

The treatment of sick laborers on the plantation is such that it 
[•mctioally amounts to cruelty. Near the beach, a good distance from 
::.'• nM*n's quarters, is a room about 12 by 12 used as a hospital. The 
L^i^^rers call it the jail. 1 found in it at the time of my visit 5 Chinese 
I'd 4 Japanese laborers, all sick. The room was in a filthy condition. 
I :ie-«» sick men have to leave their quarters early in the morning, when 
t!.f> whistle blows, and go to the hospital, remaining there all day until 
tl:f evening whistle blows, when they are allowea to return to their 
«l*i:irters. Is this humane treatment f I hardlv think so. I questioned 
>Ir. Hanneberg on this matter, and he saicf that if the men were 
•.illowtMl to stay in their quarters their friends visited them^ and there 
wt re other reasons given by him. 

This is not the fii-st time that complaints have been made against 
( )iowalu. The place is isolated, and I think there is a good deal going 
on on the plantation that is not heard of. Some time ago I talked to 
Mr. W. (t. Irwin and Manager Hanneberg about the complaints made 
\*y the laborers. The manager should be made to understand that he 
um^t keep his hands off the laborers; must be less severe in his system 
of <li)cking; must keep the laborers^ Quarters in better condition, and, 
a^)ve all, must put an end to the confinement in hospital. If he is not 
w illing: to do so then no more contract laborers should be allowed to 
Lfo to Olowalu. 

I have the honor to be, your obedient servant, 

WrAY TATIiOR, 

Secretary Bureau of Immigration, 



FETinOV OF LILinOKALAHI, EX-aUXEV. 

77»* hmorahlf f^uhanuitiittti: of tlw United Statea Senate 

Cummitt4^4' on Pacific Islands and Porto JSicff: 

HoxoRABL£ Sirs: On the 17th day of January, A. D. 1S93, the 
nodeniigned was the Queen and constitutional and lawful Sovereign 
uf the Kingdom of Hawaii. At that time the Kingdom of Hawaii was 
an iudependent and sovereign nation, respected as such and accorded 
its appropriate place in the family of nations, and was capable of exe- 
cuting its treaty obligations with* the civilized powers of the world, 
and more particularly with the United States of America, between 
which and the Kingdom of Hawaii there had existed for nearly three- 
'luarters of a century an unreserved friendship marked by close, cor- 



88 HAWAIIAN INVESTIGATION. 

dial, and candid intercourse. On the date aforementioned sub]e< 
the Hawaiian Kingdom, of numerical insignificance, conspiring 
and succored and assisted b^ aliens, renounced their allegiance to 
Sovereign and revolted agamst the ordained, established, and con 
tional Government of Hawaii, and, advised, counseled, comfc 
abetted, aided, and assisted by the minister plenipotentiary c 
United States, duly accredited to the Kingdom of Hawaii, who, i 
therance of the schemes and plans of tnose in rebellion again 
organic and lawful authority of the Hawaiian Kingdom, and f ( 

Kurpose of inspiring such authority with fear and terror, cam 
e landed from the U. S. S. Boston, then in the harbor of 
lulu, a large force of armed marines and sailors, did subvei 
overthrow the then existing and recognized constitutional gover 
of the Hawaiian kingdom, and did depose me from the sov* 
station as queen thereof, and did establish a provisional goverr 
^^to exist until terms of union with the United States have 
negotiated and agreed upon." Upon receiving incontestable an 
elusive proof that the minister plenipotentiary of the United 
had aided and abetted my rebellious subjects and the aliens 
in concert with them, and that he had directed the armed 
of the United States to be landed and quartered in Honolulu to 
them to effectuate their conspiracy, I submitted to the superior 
of the United States. This action on my part was prompted 
knowledge of the futility of a conflict with the United Stat< 
desire to avoid violence, bloodshed, and the destruction of li 
propertv^ and the certainty which I felt that the United State 
actuated by generous and chivalrous motives. Christian impuli^ 
a broad and enlightened sense of justice, would promptly 
the wrongs inflicted upon me in the premises. The provision 
ernment, inaugurated through the unuiwf ul intervention of the 
forces of the United States in the manner stated, having fa 
negotiate "terms of union with the United States of America,' 
meantime, on the 4th day of July, A. D. 1894, tfie republic of 
was ordained and established and. its constitution promulgated. 
At the time of the overthrow of the government of the king 
Hawaii, as above set forth, I was the owner in fee and was ei 
the rents, issues, and profits of certain real estate situated in 1 
Hawaiian kingdom, known as the *' crown lands,'' covering a 
ficial area of about 971,463 acres, and of the value of $20,< 
That I was dispossessed of all and of every of said Ian 
deprived of the income arising thereout by the said provision 
ernment and by the said republic of Hawaii, and that by and ur 
terms of the joint resolution of the Congress of the" United 
*'To provide for annexing the Hawaiian Islands to the United ! 
said crown lands now constitute a part of the public domaii 
United States of America. My deprivation of said lands anc 
rents, issues, and profits thereoJf by the said provisional g*ov< 
and the said republic of Hawaii, and the assumption of title 
control of the same by the United States of America, and 1113' 
tion as queen of the Hawaiian kingdom, and my deprivation of t 
chisesj privileges, dignities, rignts, emoluments, and perqui 
my said ro^al station, was caused proximately , directly, and ef] 
by the action of the minister plenipotentiary of the Unitec 
above set forth, and could not have been accomplished witho 
action on the part of said minister plenipotentiary. 



HAWAIIAK INVESTIGATION. 89 

In common with the native Hawaiian population of the Territory of 
Hawaii, I have accepted in good faith the conditions of government 
^\ liich have existed in these i^^ands since the annexation thereof by the 
Tnited States, and I aoi now a loyal citizen of that great country, yield- 
r.i: implicit obedience to its Constitution and laws. Confidently believ- 
>;>: that the United States will not disregard the rules of reason, moral- 
ly, humanity, and justice upon which my claim is founded, and that 
I will be considered and dealt with in a spirit of luminous equity, I 
humblv prav that the Congress of the United States may by appropri- 
ite and apt l^^lation declare me to be the owner in fee of all uiat 
lx>rtion of its public domain situated in the Territory of Hawaii and 
i-ximmonlj called and known as the ^^crown lands;'' or, if it be deemed 
inimical to the best interests of the United States to convey said lands to 
nir in kind, that 1 be, by^ppropriate and apt legislation, paid the value 
of said lands in money, and that I be, by like apt and appropriate legis- 
iHtion. compensated for the loss sustained by me by reason of my depri- 
vation of the rents, issues, and profits of saia lands since my overthrow, 
a> aforesaid^ and that I be suitably and reasonably compensated for the 
li)>> of my sovereignty, fees, emoluments, and perquisites as queen of 
the Hawiuian kingdom. 

And I respectfully request this honorable committee to make such 
int)uiry and to receive and hear such testimony in the premises as will 
tenable it to report upon the subject-matter hereof. 

I have the honor to remain your obedient servant, 

LlLIUOKALANI. 

Dated at Honolulu, Territory of Hawaii, the 10th day of September, 
A. D. 1902. 

Clarence W. De Knight, Counsel. 
HuMPHBETS, Thompson & Watson, 
AsBijciiite Counsd within the Territory of HavoaiL 



Honolulu, September 10 j 1902. 

Sib: Referring to the petition filed with the subcommittee of the 
United States Senate Committee on Pacific Islands and Porto Rico on 
ilibi day by Liliuokalani, we have the honor to herewith make request 
for certain information in the possession and under the control of the 
•^oretanr of the Territory of Hawaii and the conmiissioner of public 
lands of the Territory of Hawaii^ reajtectively, and in furtherance of 
our said request we have the honor to submit for your consideration 
vind approval written requests, upon the authorities mentioned, for 
tb(> information which we desire, and which we deem necessary, mate- 
rial, and revelant to the better understanding of the subject-matter of 
^aid petition. 

We have the honor to remain, sir, your obedient servants, 

Clarence W. De Knight, 

Counsel for LiUv/ohailani. 

HuMPHBETS, Thompson & Watson, 
Associate Counsel vyithin the Territory of Hawaii. 

Hon. John H. Mitchell, 

Chairman Subcommittee United States Senate 

Committee on Paxrijic Islands and Porto Rico. 



40 HAWAIIAN INVESTIGATION. 

United States Senate Committee on 

Pacific Islands and Porto Rico, 
Horwluhi^ September 10^ 19i 
Hon. Henry E. Cooper, 

Secretary of the Territory of Hawaii, 

Sir: You are hereby requested to furnish, in duplicate, fo 
immediate use of the subcommittee of the United States Senate 
mittee on Pacific Islands and Porto Rico the following: 

All correspondence, of what nature or kind soever, betwec 
provisional government of Hawaii and its ministers, agents, and 
missioners at the city of Washington, between the 17th day of 
ary, A. D. 1893, and the 4:th day of July, A. D. 1894, including ii 
every correspondence between the said pr^v^isional governmc 
Hawaii and any person or persons representing or acting for it i 
manner in the city of Washington, or who were paid out of the trc 
of the provisional government, or otherwise, between the dates 
mentioned. 

All correspondence, of what nature or kind soever, betwec 
republic of Hawaii and its ministers, agents, commissioners, am 
every, and all other persons representing it in any manner, caj 
or form whatsoever, at the city of Washington, between the 4:th 
July, A. D. 1894, and the 30th day of April, A. D. 1900. 

All correspondence, of what kind or nature soever, between 1 
kalani and tne provisional government of Hawaii and the repu 
Hawaii, between the 17th day of January, A. D. 1893, and the 7 
of July, A. D. 1898. 

Very respectfully, John H. Mitchell, 

Chxiirt\ 



United States Senate CJommittee on 

Pacific Islands and Porto Rico, 
Hofwlvlu^ September 10^ I 
Hon. E. S. Boyd, 

Commissioner of Pvblic Lands^ Territory of Hawaii, 

Sib: You are hereby requested to furnish, in duplicate, f 
immediate use of the subcommittee of the United States Senate 
mittee on Pacific Islands and Porto Kico,*the following: 

A detailed statement of all and every of the rents, issues, and 
arising from and out of what is known as the "Crown Ian 
Hawaii between the 17th day of January, A. D. 1893, and the J 
of September, A. D. 1902, including copies of all deeds, lease 
tracts, agreements, or grants made between the provisional govei 
of Hawaii, the Republic of Hawaii, and the Territory of Hawaii , a 
third person or persons, corporation or corporations; also copies 
and every contract, lease, agreement, or sale of the water j 
out of said Crown lands, or any part thereof or appurtenant tl 
between the dates mentioned and between the government autfa 
of Hawaii mentioned and any person or persons, corporation c 
porations; also any and every map of said Crown lands, or an 
thereof, together with copies of any and ever)" sale, lease, conti 
agreement entered into by and between any official of Hawaii i 
authority, or claiming to have authority enabling him thereto, ai 



&AWAIIAK iNVESTIGATtON, 41 

■^•'%oii or persons, corporation or corporations, at anytime heretofore 
.ivlc and DOW in force and virtue, or claiming so to be; also a com- 
I'.f'ie and detailed statement of the condition and quality of all and 
• \ ►TT part of said Crown lands, with the area thereof, and wfiere located, 
r i the estimated value of each part and parcel thereof, together with 
the agjrregate value thereof. 

Very re«»pectfully, John H. Mitchell, 

Chairman. 



STATDDOrr PBB8EHTSD TO THE MEKBEE8 OF THE C0MMI8- 
8I0H OF THE mriTED STATES SEHATE BT THE CHAMBEE OF 
OOKKBBCB OF HOHOLVLU, HAWAH, SEPTEMBEE 23, 1902. 

(fE!nTiEifEN: It is with pleasure that the Chamber of Commerce of 
Honolulu eordiallv indorses the statements presented to your commis- 
-.m hy the Hawaiian Sugar Planters' Association, the Merchants' Asso* 
.^tion, the bankers of this city, and by the Builders' and Traders' 
K\<hange« so far as they refer to the commercial interests of this 
Iifrritory. 

LABOR. 

In connection with the suggestions made to your commission as to 

trjf t-mployment of Chinese labor on the plantations of Hawaii, under 

•Ttain rei^trictions, we respectfully draw your attention to the fact 

t:.:it iTOvernor Taft recognizes the importance of Chinese labor to the 

IMiilippinen, and the proposition has been set forth to ^'clothe the 

i'hiiippiiie Commission with power to regulate the entrance of Chinese 

^j ■>r. The Philippines have a large native population, in which 

r»-«pe<l they hold an advantage over Hawaii; so, if it is an assured 

tK-t that to the Philippines the Chinese immigrant is a necessity, he 

- t^rtainly doubly necessary to this Territory, entirely dependent, as 

t^ plantations are,'on foreign labor. 

Trie remed}' proposed for the rel 
Philippines is tne admission of Chi 

iimlerHufBcient lionds and a proper syHtem ui lutjntiueauuu, wuiuu wm 
L^urantee the return of such labor to China after a certain specified 
t::n**. This, gentlemen, is what has been suggested to you by the 
I'lautprs"* Association of Hawaii, and we recommend its adoption in 
trii«i Territory, feeling assured that all the business interests in this 
IVfritory will thereby, directly and indirectly, be benefited. 

HONOLULU HARBOR. 

The proposition for light-houses presented bv Secretary Cooper can 
n«»t be too highly commended, more especially the one on Makapu 
Toint and one on ^lolokai, as these will mark this channel, which is tne 
'jT%*ni avenue of ocean travel. Regarding the improvement of the har- 
'-.i% in thiH Territory, we beg to remind your Commission that the 
'>{M'Qing of the isthmian canal, connecting the Atlantic and Pacific 
«)(-*«n8« will render the port of Honolulu of vastly more importance to 
tl.*' Federal Government than it is to-day, and that it is now none too 
♦^rly to begin preparations for enlarging and deepening this harbor, 
10 order that the vast amount of shipping which will make Honolulu 



42 HiL^^lIAN IKVESTIGATION. 

a port of call may be acootnmodated just as soon as the canal is o] 
We anticipate that with the opening of the canal the shipping at 
port will be largely increased and tiiat vessels of all nationahties 
touch here on their way to and from the Orient. 

HAWAIIAN SILYEU. 

In the judgment of this chamber the recommendation of the bat 
as to the redemption of Hawaiian silver can not be put into eSc 
too early a date. We urge the prompt passage of Senate bill 22! 

FIRE CLAIMS. 

We unqualifiedly indorse the statements made by the Mercl 
Association of Honolulu regarding the fire claims. This indebte 
on the part of the Territoi^ was incurred in an attempt to suppre 
bubonic plague in the quickest and most effective manner, an 
greatest care has been exercised in adjudicating the above claims, 
could not be paid by this Territory oxcept by largelv increasin 
Territorial taxes. The earning power of the people has been .s< 
ously affected by the present conditions of trade consequent c 
difficulties of the sugar industry, and considering also that the oi 
act has since prohibited the issuing of bonds of the Territorj' f o 
a purpose, that to now pay the fire claims would be an unsuppc 
burden. 

COFFEE. 

As your Commission has expressed a desire to be supplier 
further information regarding tne coffee trade and its possibilit 
beg to furnish the following facts: 

The exports of coffee from Hawaii to the United States in tl 
two fiscal years have been as follows: 



Year ending June 90 — 



1901 
1902 



Pounds. 



2,119,543 
1,082,994 



These figures show a decrease in exports of one-half i^vithiii 
owing to the low price of coffee on the mainland and the diific 
securing reasonable labor for our coffee plantations. 

BrazU supplies the bulk of the coffee (900,000,000 pounds) 
the United btates, and, in proportion to the benefit derived b^ 
from this trade, the return made by that country is very sir 
total purchases in the States last year amounting to onb 
$10,000,000. The character of Hawaiian coffee is dissimilar to 
ian. It is of a milder, but to the connoisseur more acceptable 
and although on this account it can not be expected altogether 
the place of the stronger coffees, its fine character and me fac 
is grown on American soil should entitle its cultivation to that 
agement which a duty or a bounty would afford. 

The extent to which the coffee industry on these islands cj 
under such fostering care is difficult to arrive at, as no pro] 



HAWAIIAN IKVKSTIGATIOir. 43 

m»xe I'an he made of the amount of capital obtainable for the estab- 
i.^hraent of coffee estates, nor the amount of labor which will be 
t.'rthwming, even under a partial suspension of the Chinese exclu- 
sion act, for their cultivation; but it is cenainly safe to say that the 
ixn'n under coffee would be largely increased and as rapialy as the 
ixioditions admitted of, and as tnis industry is one in which the small 
firmer can enmge, with its revival an increase of this most desirable 
• k<2t of agriculturists may be expected. 

We submit these facts to show that some aid is necessary in order 
tn stimulate the production of coffee in Hawaii, either in^the form of 
[ rote<>tion or of a bounty, as well as by a provision for a sufficient 
liiwr supply. 

HAWAIIAN TRADE. 

It has already been stated by the Hawaiian Su^r Planters' Associa- 
tion that the trade between the United States mamiand and this Terri- 
t4)ry is the larges$t done with any country of the size and population of 
Hawaii, a fact which is statistically proved beyond question, and as 
th»* prosperity of this Territory increases so must of necessity its 
tnule wiui the mainland manufacturers and merchants. It follows, 
th«*refore, that, apart from the benefits to be gained by our local popu- 
lation from the prosperity of our staple industries, the advantages 
•Icrived by the mainland from such prosperity are considerable and 
not to be overlooked. 

Xo record exists of the imports from the mainland since June, 1900, 
hut for the five months and fourteen days to June 14, 1900, the impor- 
tations from the mainland were valued at $8,609,820, being at the rate 
vf about $18,785,000 per annum, and these figures convey some idea 
of what our trade witn the mainland can be brought to under favor- 
able conditions. 

The value of the exports from Hawaii for twelve months to June 
:^'". 1^»2, was $24,754,922, all of which went to the mainland, except- 
inir J^,365 which was exported to foreign countries. 

The exports have been, of course, mainly made up of sugar, but 
'ome rice, coffee, fresh fruit, honey, hides, wool, etc., have also been 
»*xpoTted. 

It is proper to mention here that fresh and canned fruits could be 
niade articles of export to a much larger extent than at present were 
our labor conditions more favorable. For example, the canning of 
pineapples, which has been carried on here to a limited extent, is sure 
to become a large industry if we can have the necessary labor, for the 
Hawaiian pineapple is most highly esteemed for its size ana flavor, 
wViich have commanded for it a higher price in the mainland markets 
than other canned pineapples. 

Si^al is another infant industry which is commanding attention. 
The plant grows well and readily here, and without a doubt large 
quantities of this valuable fiber could be raised here with the necessary 
kboT to do the decorticating and preparing thereof. 

SHIPPING. 

A fact worth mentioning is that all of the exports from Hawaii to 
the United States are now carried by American vessels, and this can 
be said of no other country that trades with the mainland. 



44 U^^'AIIAN IKVBSTIGA'HOK. 

For the fiscal year eti^ing June 30, 1902, the tonnage and numh 
vessels entering Hawaiian ports in the '*" coastwise" trade— that ij 
trade with th6 mainland — was 917,089 tons, represented by 693 A 
ican vessels. 

Foreign vessels entering the porta were 210, of a tonnage of 39fi 
It will thus be seen that the total shipping entered at all the po 
the islands for the year was 803 vessels, of 1,316,138 tons, which 
cates as well as anything else can the extent and value of the tni 
this little mid-Pacilic group. 

NEW BUILDINGS. 

We ask your consideration of the great need of this Territoi 
Federal buildings. There should be new post-offices in Honolul 
Hilo. In both places business has far outgrown the accommods 
The quarters now used by H ederal courts in their various depart 
are totally inadequate, rersons held for offenses against United 
laws, or as witnesses, have to be placed in the already overcr* 
Territorial prisons. No such place as a general house of det 
exists. The business of the United States courts is already larj 
must inevitably increase in the immediate future. 

HEALTH MATTERS. 

The necessity for establishing and maintaining at the port of 
lulu a most modern and effective disinfecting plant for use on 
and sailing vessels, and also of a thoroughly equipped quaranti 
tion, is no doubt manifest to you. 

As diseases when epidemic gradually extend to other countries 
established lines of travel, this port should be prepared to care i 
infected vessel which might arrive, taking thereirom and cari 
any sick persons without endangering this community, and clo 
the vessel before allowing it to proceed on its course to mainland 

As the greater part of the vessels from the Orient now stop 
port on their way to San Francisco and other coast ports, thi 
becomes a ''buffer," as it were, between the East and the We 
efficient quarantine work here becomes a matter of great imp< 
to the Pacific coast as well as to this community. 

Officers of the Marine-Hospital Service, we presume, have iiis 
matter plain to you and indicated what the especial needs of this 
ment are. 

It is a pleasure to state that the Marine-Hospital Service a 
Territorial board of health have worked together, thus far, m cc 
harmony in health matters. 

LAND LAWS. 

In the opinion of this chamber it is deemed that any radical 
of the land laws as now existing in this Territory would be sub 
of its best interests. 

FUNDS FOB NEEDED IMPROVEMENTS. 

We respectfully call your attention to the fact of the inci 
the revenue of the United States through our customs recei] 



HAWAILA.N INVESTIGATION. 



45 



r^pectfully rec^uest that liberal appropriations be made by Congress 
for the rarious improvements that have been suggested as commensu- 
Rit»^ with the amounts collected. 
Keti'pectfully submitted. 

The H0N01.U1.U Chamber of Commerce. 
By Chas. M. Cooke, Vice-President. 
Ja8. Gordon Spencer, Secretary. 

The foregoing statement was approved at a special meeting of the 
II. nolulu Chamber of Commerce neld on September 22, 1902. 

Jas. Gordon Spencer, Secretary. 

Hon. John H. Mitchell, Chairman; Hon. J. A. Burton, Hon. A^ 

(i. FoeTER. 



AB&IYAL8 AHB DBPAETITBSS OF CHIHESE AKD JAPANESE 

FROM AND TO THE OEIEHT. 







Chinese. 


Children. 


Men. 


Japanese 


* 




Men. 


Women. 

1 


Women. 


Children. 


FP.m Jane U. 1900, to Jane 30. 1901 

^rnJontra), 1901, to Aog. 3, 1901 

FrtimAos. 3^1901. to Dec. 27. 1901 


1.M3 

4 

44 

212 


30 


51 

1 


252 

72 

1,892 

4,391 


102 

18 

747 

3,112 


44 

10 


9 

5 


159 


Ft«<si Dec. 27, 1901. to June 30, 1902 


5 


^99 


T-ul 


1,908 


44 


57 


6,606 


3.979 


712 






: ;MrTare» to Orient: 

From Jane 14. 1900. to Jnne 90. 1901 

F^4n JoneSO. 1901. to AU|?. 1, 1901 

PrrfmAoir. 1.1901. to Dec. 126. 1901 


1.864 
119 
943 
514 


128 

6 

66 

38 


347 
18 
90 
73 


2,782 

230 

1,276 

1.486 


611 

66 

274 

892 


495 

62 

229 


r?«m Dcc.'J6, 1901, to June 30. 1902 


316 


TouJ 


3,470 


227 


528 


6,724 


1,248 


1,102 






>r-rmre9 to San Franciaco, 12 months to 
...^ at). 1902 








560 


32 


8 












REC 


APITULATION. 








Total arrivi 


als. 


To 


tal depart 


ures. 




Men. ' Women. 


Children. 


Men. 


Women. 


Children. 


riTifli' 


> 1.903 44 
; 6.606 , 3,979 


57 

712 

• 


8,470 
6,284 


227 
1,275 


528 


tptneee 


l.UO 


Told 


1 8,509 1 4,028 


769 


9.754 


1,502 


1,638 



STATEMENT COVCEEHIHG THE HAWAIIAN LABOR STTPPLT 

;rw»pnt«i to the honorable members of theCommisBion of the United States Senate, 
on behaU of the Hawaiian Sugar Planters' Association, September 12, 1902) . 

The Hawaiian Sugar Planters' Association is jnade up of the sugar 
I'lanting corporations and sugar plantation owners of the Territory, 
and ite object is to make improvements in the manufacture of sugar 
ukI to attend to all matters relating to the interest of the sugar mdus- 



46 B.A.V/AIIAN INVESTIGATION. 

try in these islands. A board of nine trustees attends to the bus 
of the association, and it is by this board that the following repr 
tations are made: 

The number of plantations on the islands is 52, of which num>) 
are fitted out with their own independent factories. 

The total amount of capital invested in these plantations is \ 
$56,000,000, and the amount of taxes paid annually by these p 
tions to the Territorial government is about $690,000. 

The number of persons at present employed in cane cultivatio 
manufacture is about 38,500. 

Last season's suffar crop was 360,038 tons, and the number ol 
which have been shipped this season so far is about 300,000. 

Our su^r is shipped either by direct steamer or sailing ve? 
New York, by steamer or sailing vessel to San Francisco and 1 
by the Southern Pacific Bailr^ui Company to New York, oi 
shipped to San Francisco for use in the Caliiornia refineries. 

The carrying of the sumr to New York hj long sea is largel 
ducted by the American-Hawaiian Steamship Company. Thi.^ 
pany, which is the pioneer company of American-built cargo 
owes its origin to the sugar industry of these islands. The com 
fleet consists of seven steamers of an aggregate tonnage of 65, Oo 

There is engaged in the carriage of our sugar to California i 
fleet of American steamers and sailing vessels. 

These few statistics serve to show the magnitude of the suga 
ness, the success or failure of which depends to so large an extei 
sufficient supply of labor. For field labor in Hawaii a large \] 
tion of Japanese and Chinese are an absolute necessity, in so fa 
other class of labor is procurable to any great extent. 

Other cane-su^r growing countries either possess an indi 
laboring population for cultivation or have within easy reach 
who are readily obtainable for tropical £eld work, and whose pt 
and constitution enable them to undertake such field work withe 
of injury to their health. 

The native population of the Hawaiian Islands is very limit 
the tendency of tne laboring class is not toward field work. The 
good mechanics, and a large portion is engaged in a variety of 
but agricultural labor appears to be distasteful to them, and the i 
emploved on sugar estates is so small as to be hardly worth ni 
ing. This being so, it has in past years been necessary to ^ 
immigration of field laborers to the islands, and many countri 
been drawn from. There has in the past been emigration fvv 
many, Norway and Sweden, Azores, IVladeira, Portugal, Galicia 
and Japan, besides which British, Americans, Italians, and 
(from the United States) have come in small numbers. 

So far as the Europeans and the Americans are concerned, the 
with one exception, been found unfitted for tropical field wor 
could not perform it, and never for long labored in the field. ' 
exception noted is that of the Portuguese from Madeira and the 
who for a few vears after their arrival showed themselven will 
capable to perform good field work. The improved condition 
own countries no longer necessitating emigration, these poo| 
show no disposition to come to those islands. Of the Portu^u 
originally came to Hawaii as assisted emigrants those who di< 
to tne mainland have so prospered that now they do not en^g'< 



r_ «^ • • 



HAWAHAN INVESTIGATION. 47 

zf" extent in field labor, and their children, by the aid of the excel- 

t Hawaiian free-school system, have fitted themselves for more con- 
il occupation than agricultaral labor affords. 

I ho impoe«sibility of securing a sufficient supply of Hawaiian or other 
' . »■ rer^ able to endure the work in cane fields forced the planters of 
' . -^^ i>land< into a reliance on China and Japan for the necessary sup- 

V. The Chinese have always proved themselves to be a law-abiding, 
.••lie. and industrious peopfe, but the United States exclusion laws 
-^.i:t oot this nationalitv from Hawaii as soon as annexation became an 
:, I'liiplished fact, and our sole dependence is now placed on Japan for 
-'. h intermittent supply of labor as is attractea hither by the cer- 
r.t :ity of improved conditions. 

>ini*e annexation the difficulty of securing an adequate supply of 
\ .«i labor for sugar plantations has been enormous. Chinese are abso- 
. .'^ly prohibited, and but few Japanese come, while at the same 

* mv numbers of Chinci^ and Japanese leave the islands monthly. 

Fo >how Just what the conditions are in this respect it may be stated 
": it from Auguj»( 1, 1901, to June 3, 1902, 5,352 Japanese men arrived 
n tbt" country and 2,880 left the country, making the total increase in 

* tt period only 2,472, and that of Chinese 188 men arrived and 1,418 
. t. making a total decrease of 1,230, so there was a net increase in 
\it' Japanese and Chinese population of only 1,242, not including 
'^^ rnen, which number are not necessarily field laborers alone. 

When the labor conditions which had to be faced after annexation ' 
^> re realized, the Planters' Association set about finding laborers on 

* t* (^ntinent of the United States. Some Portuguese were brought 
' : *n\ the neighborhood of New Bedford, and some Italians were secured 

> ti]e Eastern States and started for Hawaii, but the bulk of them 
.!>»pped out on the way across the continent and but comparatively 

* w reached these Islands. An unsuccessful attempt to get negroes of 
I '»»'tter class was made, and finally about 2,930 Porto Rican men with 
r^:* ir families were brought here at very great expense. Agents from 
' :. i- a>^ociation were for long established on the mainland and traveled 

v^r its length and breadth to find there such labor as our plantations 
• niaoded. It was by no means a question with us of Asiatic labor 
''' ne. but one of any kind of labor, and yet wherever we turned we 
'•end that the great continent had readily absorbed all the labor there 
Ad- aod there was no surplus for us. 

The efforts to find some way of cultivating our cane fields were not 
'^ii^ned to those above mentioned. There existed in the minds of 
-• mp the impression that the proper way to conduct a plantation was 
r«> 'linde the land into small lots and place them in the hands of white 
* n to cultivate, instead of doing tne work of cultivation by day 
.'■< rprs working for a wage under one controlling management. 
V ''ordingly, the Ewa plantation, on this island of Chihu, decided to 
\>riment with American farmers. Fifteen families of highly 
' -fjf'ctftble people were carefully selected in the Western States, and 
^ I their expenses paid to the plantation, where houses had been erected 
i-'T them, each with a garden patch surrounding it, and where a large 
]riXch of common land had been set apart for their use as pasture for 
-hi-h "itock as they desired to keep. Here they were given parcels of 
irid to cultivate m cane on a profit-sharing basis, and every help was 
r- r-dered in the way of plowing and preparing their fields, but not- 
•^ithstanding this and all the Ewa Plantation Company expended on 



Ti 



48 HAWAIIAN IinrESTIOATIOir. 

this most creditable effort to raise cane by white farmers, these t 
were»not able to perform the necessary labor, and they drifted 
by degrees, so that in about a ^ear none of the fifteen familiei^ 
left. Other experiments of a similar nature have been made wit 
results. The planters generally are prepared to encourage the 
vation of cane by small farmers if there is any assurance thi 
undertakings will be carried out. 

In connection with the questions of homesteading and of deve 
Hawaii on strictly American lines, it is proper to pK>intout that 
lands cultivated bv plantation companies who find it necessary 1 
gate, because of tne uncertainty of the rainfall, were either arid 
or bare pasture lands before they were acquired by those com] 
who sunK artesian wells, established expensive pumping plant 
structed water ditches and pipe lines, and at enormous cost b 
water onto the lands, and thereby made agriculture a possibili 
development by homesteaders only had been possible, the land^^ 
are now cane fields would be in their primitive condition, I 
their irrigation was only rendered possible by the investment of 
large amount of capital. 

Apart from this fact, there remains the all-important consid 
that even if white men could labor in the cane fields, and were 
to undertake such work, there is no possibility of obtaining f r 
quarter, and least of all from the United States mainland, a si 
number to fill our needs. 

At present, as has been said, Japan is the only source of oi 
supply, and while no dissatisfaction with the work people 
country is either expressed or implied, our experience has ta 
that it, like all other countries from which we have in the past 
ored to introduce laborers, is not to be relied upon for that 
and sufiicient supply whicn is essential to our success as a car 
country; and we Delieve that a properl}^ regulated and restricts 
gration of Chinese field laborers would solve our difliculty wi 
the slightest degree interfering with the welfare of the n* 
American population of the group. On the contrary, as tl 
perity of the staple industry of these islands increases, so wil 
the entire population irrespective of nationality or occupa 
sugar is the pivot on whicn we revolve, and on the success 
sugar industry depends the well-being of every resident in the 

Surprise has at times been expressed by those of im per feci 
edge of our conditions that other industries besides sugar do no 
more attention in Hawaii, but a more intimate acquaintance 
has speedily discovered the fact that while the possibilities 
country outside of the sugar industry are not inconsiderable, 
culty of securing an adequate supply of labor stands alway 
way of enterprise, alongside of other diflSculties which neec 
here referred to. 

A few years back great hopes were entertained that the cu 
of coffee could be profitably undertaken on a large scale. It 1 
grown in a somewhat unscientific manner for years, and wa« 
widely esteemed by reason of its excellent quality, and th 
every reason to believe that with the adoption of modern met 
coffee industry could be made a flourishing and profitable one. 
tracts of land were divided into homesteads by the Governm 
private lands were acquired by enterprising farmers, costly 



HAWAIIAN INVESTIGATION. 49 

u-.-'* and cleaning plants were erected, and all the plans were laid 

r tho condoct of the business on a sound basis. Much of the work 

a ruffee plantation can be accomplished by white men with a com- 

irutively moderate amount of help, but during the critical time of 

:r^f .^ing the crop, when a large amount of work had to be accom- 

-ri»*d in a very snort time, the necessary number of pickers was not 

'hit>niing, and as the fall in the value of coflfee occuiTed about this 

: »•. it was im|x>ssib]e for planters to pay the high wages demanded 

'. l.i^jorers, and the coffee industry of Hawaii declined, while that of 

■ :..• r i-ountries more favored in their labor conditions apparently con- 

.i» -» to flourish despite the fact that there is so serious a difference 

- *\MH»n the coffee market to-day and that of a few years ago. It is 

' -t imreaeionahle to suppose that if the labor supply of these islands 

.t^ almndant and if conee was subject to a protective tariff in the 

I i.it»'d States the industry would survive and give profitable and 

.».'r»iable occupation to manv. 

The rice industry of the islands has always been a large one, but the 

• X iiL^^ion of Chinese from the islands will have the effect of grad- 

^^y reducing the area of rice under cultivation, until before long 

*iii' or none will be raised. A valuable industry will be lost, and the 

•. i rentals, which amount to so considerable a total, will no longer 

:i' • me to the owners, very many of whom are Hawaiians. 

Iho H'venue derived by the Government from rice lands will of 

MM» lie lost should rice cultivation be discontinued in these islands, 

■ i lo give some idea of "the value of the Chinese to the Territory as 

' Aj^siviTs it might be proper to mention that they pay taxes to the 

: nrit of $135,000 annually. 

I ht> arguments commonly used against Chinese immigration are so 
' • \\ known that it is unnecessary to repeat them, or even to refer to 
': ■ r:i further than to say that while they may be good when applied 
'" th*- mainland, they can not with justice be applied to Hawaii. 
I***-*"* urid regulations which coverall the conditions existing on the 
. nl:m<i do not of necessitv fit our conditions, and we urgently and 
•^ t:i all deference would ask that the excellent laws and regulations 
' ' tiio Tnited States be so modified for Hawaii not only in respect to 
.►"r mutters, but in many other respects, that this country may not 
' ::!' r by their application. 

W<* fully appreciate the immense amount of work with which Con- 
jr.'-H has had to deal since these islands became an integral part of the 
:"-Ht Republic of the United States, and we know how difficult it has 
' ' n for members of the Senate and House of Representatives to find 
'.:■»• to study the conditions prevailing here in Hawaii, but now that 
* ' i jrentlemen have favored us with this most welcome visit, we feel 
■^itt the conditions and needs of this outlying Territory will be more 
> rU-A'tW understood, and that we may reasonably expect to have 
I. . onle(l to us permission to avail ourselves of an assured labor supply. 
Wi» would respectfully ask that, in considering this question and m 
u\ in;5 it Ik* fore oUiers, you bear the following few facts in mind: 

1. The ]n<lustries on which these islands depend for their commer- 
' ' vl ^^xintence are sugar and rice, but mainly sugar. 

1'. The shipping, the extent and value of our purchases on our 
?' i'riland, the well-being of our merchants, professional men, and 
.'!i«« hanics de{)ends either directly or indirectly on these industries. 

H 1— FT 3—03 i 



50 HAWAIIAN INVESTIGATION. 

3. The success of these industries depends on an adequate and n 
able supply of laborers. 

4. There is practically no indigenous population to draw field lal 
from. 

5. Apart from the impossibility of procuring American laborer) 
sufficient numbers, they can not and will not work in tropical c 
fields. 

6. If by reason of these islands not having a sufficient labor sup] 
or if the full protection of the tariff is curtailed, our industries 
naturally suffer, as will the trade of the mainland with us— a trade 
the way, which is the largest enjoyed by mainland manufacturers 
traders with any countrj^ of the size of the Territory of Hawaii. 

So far as the labor situation is concerned, we respectfully sul 
that these six points, or facts, cover the ground, and believe thatv 
you have studied the conditions prevailing here you will thorou 
agree in their accuracy. 

Respectfully submitted. 

Haw^aiian Sugar Planters' Associatic 
By W. A. Irwin, President. 

William O. Smith, Secretary. 

Honolulu, September 12^ 1902. 



HOHOLTJLTJ BANKERS' MEMORIAL. 

Honolulu, Hawaii, Septeynber 11^ IS 
The honorahle Cmnmittee of the United States Senate. 

Gentlemen: Under act of the Hawaiian Government in the 
1883, $1,000,000 in silver coin— $500,000 in dollars, $350,000 in h 
$125,000 in quarters, and $25,000 in dimes of the same weigh 
fineness as United States coin — were minted in San Francisco an 
into circulation in these islands frpm 1884 to 1886, replacing a 
coinage consisting of Mexicans, 5-franc pieces, pesos, sols, etc. 

This Hawaiian silver had a Icffal-tender value of $10, United 1 
gold being required under the Hawaiian laws far larger amount^ 
no time has there been any difference in the value of Hawaiian a! 
pared with United States silver, although when the Hawaiian w ti 
put in circulation all silver was at a small discount, say 1 per c< 
purchase of foreign exchange. For years past silver has c\vv 
freely on these isknds at par with United States gold, and hai 
accepted for large amounts in payments in excess of its lcgal-l 
value without discount. Upon annexation of these islan< 
special act was passed by Congress to legalize the Hawaiian i 
nor was any provision made for its redemption or recoinag 
United States money, but the full face value of Hawaiian silv< 
coin at par with United States gold has been maintained 53^- the 
and busmess houses by reason of their so accepting it on depot 
for exchange and all business purposes. This the banks hav< 
enabled to do by finding an outlet lor the silver in the large de 
of plantations and the outlying districts. The only exception 
that of a local bank which had a temponiry excess of silver and < 
one-eighth of 1 per cent premium for gold. 



- « 



52 hawaiian investigation. 

Merchants' Association of Honolulu, 
Honolulu^ Hawaii 71, September 12^ 19C 

Hons. J. H. Mitchell, J. R. Burton, and A. G. Foster, 

Svbcom/niittee qf United States Senate 

Committee on Pacific Islands and Porto Rico. 

Gentlemen: At a special meeting of the Merchants' A8sociati< 
Honolulu, held September 10, 1902, the following named gentlt 
were appointed a committee to present a memorial from this as? 
tion to your honorable body: Messrs. George W. Smith, W 
Dimond, J. F. Humburg, J. Wakefield, and Robert Catton. 

I beg further to inform you that at a special meeting of the t 
association, held September 11, 1902, the said memorial was ra 
and indorsed by unanimous vote of this association. 
Very respectfully, yours, 

W. W. HarrIvS, 
Secretary Merchants* Association of Ilmwh 



Honolulu, Hawaii, Septemher 12^ 11 

Hons. J. H. Mitchell, J. R. Burton, and A. G. Foster, 

Sybcommlttee of United States Senate 

Committee on Pacific Islands and Porto Ri<^o, 

Sirs: The undersigned, a committee duly appointed by the 
chants' Association of Honolulu, beg to submit for your conside 
the following memorial on the economic and other conditions ( 
Territory. 

We will assume that you are conversant with the fact that ai 
tion to the United States has resulted in a serious pecuniary loss 
government of Hawaii through the transfer of the custom -hou 
internal-revenue receipts to the Federal Government, and proc 
state how, in our opinion, this loss may be neutralized to the advi 
of both the Federal and Territorial governments. 

SUGAR. 

To the growth of the cane and its manufacture into sugar is d 
commercial, if not the political, position of these islands to-day. 
industi'y, fostered by the reciprocity treaty before annexatic 
been seriously injured since then by the application of the 
States labor laws and Chinese-exclusion act. While yielding t 
in our desire to see this become "a white man^s country" to the 
extent possible, it has been demonstrated on several occasions 
is impossible for the white man to labor in the cane fields, ev( 
high rate of wages. Vfe would therefore suggest a relaxation 
laws just referred to^ such as would enahle our planters to drai 
from Asia and get enough of it under such restrictions as it migi 
right to Congress to indicate This class of labor, if brougl 
under proper conditions, would not come into competition with . 
can laoor. As merchants we leave the further discussion c 
matter to the Planters' Association, but the sugar industry is s 
much the most important of all Hawaiian enterprises that it ou| 
think, to occupy tne firsi place in such a memorial as this. 



HAWAIIAK IKVE8TIGATI0N. 53 

FIRE CLAIMS. 

' *r provisaoQ for payment of losses incurred in the stamping oat of the bubonic 

plague in Honolulu, 1899-1900.) 

We respectfully submit the following facts: 

<l| That the property destroyed and for which compensation is 

L&imed mis only condemned to destruction after a careful examination 

y the board of health, and that said board of health was satisfied that 

the premises to be destroyed were plague infected. A careful record 

^:l^ ^^P^ ^^ each building or block of buildings destroyed. 

.:i> That the disaster of January 20, 1900, where property covering 
A(»(»rr>ximately 35 acres of land was swept away by fire, was caused 
'••>" the sanitary fire (started by order of the board of health) getting, 
with the aid of a strong trade wind, entirely beyond the control of the 
tire department. 

I y. » That the sole object and purpose of those sanitary fires was co 
«^ »ritine the epidemic to the closest limits possible, in order to prevent 
the dread disease reaching the shipping in port and the western coast 
<'f the mainland, and to hold it withm the contaminated sections of 
the citT. 

t4) lliat the losses incurred by the destruction of buildings, house- 
h *Id property, and merchandise was largely in excess of the amount 
^1.473,173) which has been awarded by the fire claims commission 
to the various claimants, and that the said claimants will cheerfully 
^►»ar a considerable portion of their direct losses as well as rihe ^rhole 
• >f their indirect losses, for which no claim whatever has been made or 
allowed. 

K%) That it is an undoubted fact that the business of the community 
ka-« suffered severely and is still suffering from the nonpayment of 
theM* claims, and if same are not paid wiUiin a reasonable time many 
of these claimants, who practically lost all their subsistence in these 
^ouiitarv fires, will be forced into bankruptcy. 

(*♦) \Ve respectfully suggest that your nonorable bodv examine with 
rdre the records of the IxMird of health, which controlled the welfare 
«>f the port and city during the epidemic of the bubonic plague, as also 
the records of the proceedings of the fire claims commissioners, and 
«e believe these records will fully satisfy your honorable body that 
no wanton or unnecessarv waste of property was permitted ana that 
the whole purpose of the sanitary fires was the eradication of the 
bubonic plague. 

( 7) The inability of the Territorial government to meet tne payment 
of these claims has been rendered evident by statements now and here- 
to if ore made to your committee. 

We would, therefore, urge the appropriation by Congress of a saf- 
tirient amount to cover the awards made by the fire claims commis- 
•loa. 

FUBIIG HBALTH. 

We wish to bear testimony to the efficient work done during the 
|ia<t two years by the United States Marine-Hospital Service, and we 
w«^uld respectfully urge your recommendation of such appropriations 
:i* will provide for the extension and further eqmpment of the quar- 
antine station in Honolulu, 



54 HAWAUAN INVESTIGATION. 

■ 

HARBOR ACCOMMODATION. 

We respectfully sugfgest that the cost of maintaining and impn 
the condition of our harbors be borne by the Federal Trca.surv 
the burden of maintenance and improvements necessary to moi 
changing conditions resulting from the ever-increasing tonnage o 
sels built is too heavy for this community to bear when depriv 
the revenue from the customs receipts. 

We beg respectfully to emphasize the fact that the benefits fn 
execution of public work of this character are more of a nationa 
local value. More American shipping tonnage puts in at island 
than at any other ports of the world, outside of those of the mai 
It is highly desirable for the fostering of United States shippinj 
our harbors be deepened and continually kept clear of mountai 
so that ships of large tonnage can be brought into har])or an 
wharf in safety. Shipping interests between the Orient, Aus 
colonies, and Western American ports will be greatly f urthei 
having safe, deep harbors and good wharf accommodations at II 
Honolulu. 

To provide for the larger class of vessels, both of the nir 
marine and Navy, which are now coming into use on the Pacit 
a matter of great importance that channels should be deepen 
harbors enlarged to admit of safe entrance and speedy hand 
cargo and f ueL 

FEDERAL BUILDINGS. 

The necessity is apparent for better provision for offices 
various departments of the Federal Government. The post-of 
custom-house are not adequately provided for prompt handling 
business which comes to them. Other departments are usinc 
in buildings which are needed for the use of the Territorial 
ment, and it would seem to be for the best interests of all thai 
eral building should be erected without loss of time, whero 
offices and courts could be established and the rooms in the }> 
which were formerly used by the Territory given up again j 
use. 

CURRENCY. 

The existence of two sets of silver coins is an anomaly wh 
cause much trouble if, for any reason or without any good resi 
repudiation of the '' Kalakaua^' dollar comes about. It is intr 
of the same value as the United States dollar, so that the cost 
ing it would but slightly exceed that of recoinage, a cost so siiial 1 
parison to the advantages to be derived that we trust Cono: 
take the necessary steps to insure the passage of the bill recent 1 
it for that purpose. 

LIGHT- HOUSES. 

We heartily indorse the statements made before your h 
Commission, by the secretary of the Territory, as to the nee 
having the island coasts properly lighted. 



HAWAUAX INVESTIGATION. ^ 



TRANSPORT SERVICE. 



I The Merchants' Association would urge that the port of Honoli^iu (an 
lAmerican port) be the mid-ocean stopping place oi the transport serv- 
ice between Manila and San Francisco. 



CONTRACT FOR SUPPLIES. 

The Merchants' Association would urge upon the Federal Govern- 
iiunt the advisability of offering tenders to the local merchants for 
supplies for the departments of tne Army and Navy stationed at Hon- 
oiuio, and, other things being equal, to award the contracts to local 

biuders. 

COFFEE. 

ThL^, one of the minor industries of Hawaii, has suffered of late 
vean> chiefly from the increased supply of the South American product. 
In any future readjustment of the tariff wo would bespeak your con- ' 
.^ideratioQ for Hawaiian coffee. 

CUSTOM-HOUSE. 

In coDclusIon, we would respectfully submit that the withdrawal of 
tho ca^toms rexreipts from the Territory is responsible, to a very great 
• \tont, for the existing financial stringency. Figures have been pre- 
-* nted to you in the memorial from the Builders and Traders' Exchange, 
:inti it Ls unnecessarv for us to repeat them. In view of this large 
r •ntrihution to the federal revenue, it would seem to us that the cost 
oi ^uch improvements and appropriations as have been suggested is 
well provided for. 

Fur the Merchants' Association of Honolulu: 

W. W. DiMOND, 

Geo. W. Smith, 
James Wakeoeld, 
T. F. HuMbUR, jr., 
RoBT. Catton, 

Cof/unittee. 



CIVIL LAWS OF 1897. 
department of attorxey-general. 
Chapter 71. — T/te attoruey-genefral, , 

Sec. 1013. The attornejr-general shall appear for the government, 
personally or by deputy, in all the courts of record of this republic 
(Territory), in all cases criminal or civil in which the government may 
i>e party, or be interested; and he shall in like manner appear in the 
district courts when requested so to do by the marshal of tne republic 
ihijfh sheriff of the Territory) or the sherfff of any one of the islands. 

Sec. 1014. He shall also be vigilant and active in detecting offenders 
against the laws of the republic (Territory), and shall prosecute the 



i 



56 HAWAUAN IKVESTIGATION. 

same with diligence. It shall also be his duty to enforce all l)omlai 
other obligations in favor of government that may be placed in 
hands for that purpose by any person having the lawful custod 
such papers; ana he shall likewise be diligent in prosecuting all 
sons who may obstruct any street, channel, harbor, wharf, or c 
highway, or any stream or public water course, or commit any 
pass or waste on any portion of the public domain or other pi 
property. 

Sec. 1015. The said attorney-general shall, without charge, a 
times when called upon, give jSlvice and counsel tg the mini 
(heads of departments), the marshal (high sheriflf), sheriffs, collec 
justices, and other public officers, in all matters connected with 
public duties, and otherwise aid and assist them in every way reqi 
to enable them to perform their duties faithfully. 

Sec. 1016. It shall also be the duty of the said attorney -genei 
give counsel and aid to poor and oppressed citizens of the re{ 
(Territory), and to assist them in obtaining their just rights wi 
charge; provided, however, that he shall not be obliged to rendei 
aid, counsel, and assistance unless requested so to do by the pres 
(governor), or by some one of the ministers (heads of departmen 

Sec. 1017. Said attorney-general shall not receive any fee or ri 
from or in behalf of any person or prosecutor for seiTices ren 
in any prosecution or business to which it shall be his official di 
attend; nor be concerned as counsel or attorney for either party 
civil action depending upon the same state of facts. 

Sec. 1018. He shall account with the minister of finance (trei 
of the Territory) every three months for all fees, bills of costs, 
penalties, and otner moneys received by him by virtue of his of 

Sec. 1019. Said attorney-general shall, when required, gi 
opinions upon questions of law submitted to him by the pr^ 
(governor), the legislative assembly, or the head of any dcpar 

Sec. 1020. The said attorney-general shall receive such salary \ 
be voted from time to time by the legislature, which shall be ] 
him out of the public treasury in equal monthly payments in i 
all services rendered bv him. 

Sec. 1021. The attorney-general may from time to time ap] 
deputy for any judicial district, whensoever the exigencies of tl: 
lie sei*vice may require it, and shall be responsible for all the 
such deputy or deputies. 

Sec. 1022. All tne duties imposed by existing laws on district 
ne^^s formerly are hereby required to be performed by the att 
genei*al. 

Chapteb 72. — Police, 

Sec. 1023. The attorney-general shall have the care, super 
and control of the entire internal police of the republic (Ten 
subject to the provisions of this act. 

Sec. 1024. There shall be a marshal of the republic (high sin 
the Territory), hereinafter named the marshal (high sheri^. I 
be the chief of police for the republic (Territory), and shall be i 
sible to the attorney -general. He shall have the supervision ai 
trol of the sheriffs and subordinate officers of the internal polic- 
shall hold office subject to removal by the attorney -general, v^ 
approval of the cabinet (governor); and he may be removed fc 



HAWAIIAN INVESTIGATION. 57 

r the supreme coart, or by a majority of the justices thereof. Any 
L.-mirv which shall hereafter occur in the office of niai-shal (hign 
I'-rilT) shali be filled by commission from the president (governor), 
r and with the advice and consent of the cabinet (Senate), upon the 
-: filiation of the attorney-general. 

>EC. 1025. Any person who shall be hereafter so nominated ani 

:umi>sioned to the office of marshal (high sheriflF) shall, before enter- 

_' uj^on the duties of such office, execute and deliver to the attorney- 

' r.v^nil a bond in a penal sum of not less than five thousand dollars 

N J **»«»)' ^i^ sufficient surety or sureties, to be approved by any jus- 

• ♦» i»f the supreme court, and such approval to be by such justice 

•• l«»i>ed on said bond, conditioned for his faithful execution of all 

^^H*e^vs directed to him by any of the courts of the republic (Terri- 

■ry ) for the faithful accounting for and due return of all fines, penal- 

• -, and moneys collected by him; for the safe-keeping of all prisoners 
.*y committed to his custody; and for the faithful performance of 
1 other duties of his office; and that he will take only the lawful fees 

f his office. 

The attorney-general, with the approval of any justice of the supreme 

« Mit, or a majority of the justices of the supreme court, may as the 

- \i>ii)n may require exact additional bonds or increased security 

:«iii the marshal (high sheriff), conditioned as above, provided not 

••re than twenty thousand dollars (f 20,000) in all shall be thus 

V i« tt*d. The bond or bonds given as herein provided shall be filed 

•: i preserved in the office of the clerk of the supreme court. 

>EC. lo2*5. There shall be a sheriff for the island of Hawaii, a sheriff 

«r the islands of Maui, Molokai, Lanai, and Kahoolawe, and a sheriff 

•r the islands of Kauai and Niihau, who shall have the exercise, care, 

'j»-r\-iMion, and control of the police within their respective juris- 

:ions: subject, however, to the superior control of the marshal 

/jh sheriff) and the attomej^-general. 

>f:<\ 1027. The respective sheriffs shall be appointed by the marshal 

• jh sheriff), by and with the approval of the attorney -general, to be 
i«*r>M on the commission of tne sheriff so appointea. 

l'lj«*y shall hold their offices subject to removal by the marshal (high 
h'Tirf), with the approval of the attorney-general. 

>FC. 1028. The respective sheriffs shall give bonds, with sufficient 
';rrtii»s. to the attorney-general in a penal sum of not less than three 
:. 'U^nd dollars ($3,000). Such bonds shall be conditioned, and may 
»* i n<*reai>ed or new bonds or other sureties exacted, as provided in 

• »• oi.se of the marshal (high sheriff) in section 1025, provided that 
Mt more than ten thousand dollars ($10,000) in the aggregate shall be 
\, It ted in bonds from any sheriff. Such bonds shall be med and pre- 
' rved in the office of the clerk of the supreme court. 

>KC. 1029. In case of any breach of the condition of any bond so 

irnished by the marshal (high sheriff), or by any sheriff, any person 

M reby injured may mstitute a suit upon such bond in his own name 

.'\\ for his sole use, or for the use of any person or persons whom he 

:.»-rem represents, and thereupon recover such damages as shall be 

S'dW assessed, with costs of suit, for which execution may issue in 

avor of such person. Such bond shall, after any judgment rendered 

•reon, remain as security for the benefit of any person injured by 

•rj».* breach of any condition thereof until the whole penalty shall Have 

' -.'♦.'D recovered. No suit upon any such bond shall be commenced later 



58 HAWAIIAN INVESTIGATION. 

than two years after the right of action shall have accrued, pro 
that infants, f emmes coverts, and persons non compos may sue 
or in respect thereof within one year after their disaoilities shall i 

Sec. 1030. The marshal (high sheriff) shall, with the approi 
the attorney-ffeneral, appoint and commission not more thai 
deputies marshal (deputy nigh sheriffs), for whose acts anddefau 
marshal (high sheriff) shall be responsible upon his official 
Each deputy marshal (deputy high sheriff) so appointed shall be a 
ized to ao or perform any act or thing required by law to Ixi d 
performed by the marshal (high sheriff). The marshal (high i 
shall exact from his deputies bonds of indemnity with sufficien 
ties for the due and faithful discharge of their duties, which 
may be in any amount not to exceed ten thousand dollars (!f 
that shall be approved by the attorney-general. 

Sec. 1031. It shall be the duty of the mai*shal (high sheriff), 
the several sheriffs within their respective jurisdictions, to prese 
public peace, to have charge of all jails and prisons, to safely 1 
persons committed to their charge, to execute all lawful piece 
mandates directed to them by any judge, court, minister (hei 
department), or other person thereunto authorized; to arrest fi 
from justice, as well as all criminals and violators of the laws; a 
erally to perform all such other duties as may be imposed upt 
by law, for any of which purposes they may command all n( 
assistance, civil or military. 

Sec. 1032. The marshal (high sheriff) for and within the \i 
Oahu, subject to the approval of the attorney-general, and the 
sheriffs for and within their respective jurisdictions, subiec 
approval of the marshal (high sheriff^, may appoint sucn 
sheriff and other police officers as occasion may require, and i 
miss them in their discretion; and may in like manner appoi 
duties and adjust the compensation of such officers, except as o 
provided by law: Provided, however, that the number of 
police officers or constables shall not exceed, for the island ( 
one hundred; for the islands of Maui, Molokai, Lanai, and Ka 
eighty; for the island of Hawaii, one hundred; for the islands 
and Niihau, forty; and further provided, that nothing in thi 
contained shall be construed to prevent the appointment of £ 
ber of special constables to serve without pay, except that fc 
during any emergency such special officers may be paid, in tl 
tion of the officer by whom they were appointed to serve dui 
emergency, if such payment be approvea by the attornoy-ge 

Sec. 1033. The marshal (high sheriff) and the several shv 
exact from the deputies sheriff' appointed by them, re^pecti 
vate bonds of indemnity, and shall be severally responsibl 
official acts of such deputies. 

Sec. 1034. The marshal (high sheriff), sheriffs, and deput 
shall receive in full pavment of their services such annual vS 
compensation as shall from time to time be prescribed by tl 
ture; provided, however, that the legally prescribed feos rece 
the sale and conveyance of property under execution or oth< 
order issued from any court, to an amount not exceeding fif 
for any one such sale and conveyance, shall belong to the mar; 
sheriflf) or to the sheriff or to the deputy sheriff making sucl 
conveyance, the exccvss of such fees over said sum of fif t\' 
any, to be returned to the treasury as a government realizati 



HAWAIIAX INVESTIGATION. 59 

Sec. 1'«^>5. Any x>^>lic'e officer or constable appointed to or holdin^r 
»■ under thi< act may l>e removed at any time by any jadge of a 
\rt of n*conL or hy the dbtrict niaoristrate of Honolulu (if theoffici^r 
- ii;:lit to l>e removed s^hall lie a member of the ixilii'e force for the 
i ;: 1 of O&hu) for incom|)etency, corruption, or nii-^lieharior in office. 
}*\ h^y*. In all caM*s in which the marshal (hi*rh sheriflf) or any 
i' r :T. deputy .-^hi-riff, or constable shall be a party, plaintiff* itr 
ff :. uint, to any suit or cause f>endin«r in any ix>urt of tne Republic 
|1 rrit.TV). the officer so interested >hall not be competent to execute 
fti . |>r«KV>< in such suit, and the ct>urt when necessary may appoin- 
ts ..» i:-inten'>te*1 person to act as a sul>stitute for such officer, to exet 
f" •' -tifh j)rvK'c^, who shall, in all respects, be accountable to the court 
f- r a'- ix>nduct- 
^^T' . I"o7. In case of the death, resignation, or removal from office 

• * ::.»• marshal (hiirh sheriff) or an}' sheriff without havinor executed, 
' Livinif executed only in part, any process in his hands, the execu- 

• :! of >uch pnx'e>is may be effected or completed by the deputy of 
- h nrar-hal (nigh sheriff) or sheriff, or by such other police ortict*r as 

:1 *»» thereunto appointeti by the attorney -general: providcxL that 
. ^'.WH-e^or to such marshal (high sheriff) or sheriff shall be apjKMnted, 
:j -»iiix'e*vv>r <hall Ik? re>pon>ilde for the completion of the exinrution 

• -... h prtKv>i from the point to which the same had progres^sed at 
*..- tiiue of hi> a>>umption of such office. The pK)wer hereby conferre<l 

/.I extend to the execution, ai-knowIed{nnent, and delivery bv such 
[ 'ity or other designated police officer as aforesaid, or by the sue- 
--•T of >uch marshal (high sheriff) or sheriff as aforesaid, of all deeds 

: '►thiT in-itnmients of c\inveyance. 
>M\ 1":^N. The marshal (high sheriff) and the respective sheriffs 

- .1 ri'e all warrants, mittimus*\s, processes, and other official papers, 

r *he attested copies of them, by which any prkoner shall have been 
:..!n;tt4il or lil»erated, and they shall be safely kept in a suital>le box 

r vAfi»,and upon the death, resignation, or removal from office of surh 

• »* -rial (high >heritf) or sheriff shall be delivered, together with all 
\ ♦ r otiirial record^, papers, and journals, to hLs successor, or to any 
:!.• r officer or person duly appointed to receive them: and in default 

•t ^uth delivery such marshal (high sheriff) or sheriff, if living, may 

* luld liable for embezzlement, as provided by section 158 of chapter 

> <^f the penal code, and shall also be civilh' liable in damages to anv 

> FMm or persons who shall be injured by such nondelivery. If >uc}i 

' ar-^hal (high sheriff) or sheriff shall be dead, such civil liability shall 

.iijirh to his j)ersonal representatives and the sureties upon his official 

-I. \. iointiv and severallv. In addition to such civil lialiilitv a< afore- 

-li I ^uvh mar>hal (high sheriff) or sheriff, or their personal repre>enta- 
*!\«-- and sureties on their official bonds, shall forfeit and pay for each 
'\' h default in deliver}' the sum of two hundred dollars, to Ije recov- 
■ r«*d for the u-^i' of the public treasury. 

Skc. 1o:V.». All process of any court of record shall be addressed to 
*iih' marshal (high sheriff) or to any sheriff or their deputies, except a^ 
':.:ty l>e otherwise provided by law, and it shall be the duty of the 
..;ir-.hal (hi^h sheriff) or sheriff and their deputies to execute the same 
it their peril, according to the tenor thereof; and they shall not U* 

I Me for any damages resulting from the execution of such process. 

>EC. 1«>44).' The marshal (high sheriff), any sheriff, deputy sheriff, or 

•'.♦T police officer may decline to levy upon or sell the alleged prop- 
•ity of any |)erson against whcwe goods and effects an execution or 



62 HAWAIIAN IKVE8TIGATI0N. 

Sec. 1068. When such prisoners can not be well employed ir 
performance of any public work, the marshal (high sheriflF), wit 
approval of the minister of the interior (superintendent of p 
works), may let them out to labor for private individuals, upon 
terms as he may deem proper; provided, alwavs, that such pris 
shall be locked up within tne prison every night. 

Sec. 1059. Female prisoners shall be kept entirely sepaniti* 
the male prisoners, and shall be employed in making mats, in s«! 
in washing the clothes of the prisoners, and in such other >i 
occupations as the marshal (hign sheriff) shall direct. 

Sec. 1060. The pay of prison officers shall be determined and 
lated by the attorney-general. 

Sec. 1061. Every person sentenced to imprisonment for lif< 
be considered as civilly dead, and the same disposition shall b< 
of his estate as if he had died on the day sentence was prono 
and any last will and testament or codicil he may have made p 
that time shall take effect in the same manner as if he had ( 
that day. 

Sec. 1062. But no disposition of any estate, either by will oi 
wise, after the arrest for crime of which the prisoner was con 
whether sentence is for life or otherwise, shall have an\' advaii 
preference over the claim of any person entitled to daniaj^i^ 
private injury committed b}^ the criminal, unless such disposit 
made a valuable and equivalent consideration, to a person igiu 
the arrest. 

Sec. 1063. Whenever a convict is condemned to imprisonni 
than for life, any judge having probate powers may, upon du 
cation, appoint a guardian to nave the care and management 
convict's estate, real and personal, during the term or his in 
ment. The letters of guardianship shall be revoked by the pti 
discharge of the convict, but such revocation shall not invalidi 
acts done by the guardian. 

Sec. 1064. Every guardian so appointed for any convict s 
all the just debts due from the convict out of his personal c 
sufficient, and if not, out of his real estate, upon ob^ininfr lie 
the sale thereof from the judge; he shall also settle allacc 
said convict, and demand, sue for, and receive all debts diit 
and may, with the approbation of the judge, compound for 1 
and give a discharge to the debtor; and he shall appear for an 
sent nis ward in all legal suits and proceedings, unless when 
person is appointed for that purpose. 

Sec. 1066. Such guardian shall have all the rights and d 
well as all the responsibilities, respecting the management and 
of the convict's estate, as appertain to the guardian of a i 
insane person. He shall manage the estate frugally and 
waste, and apply the profits thereof, so far as may be ncces 
the comfortable and suitable maintenance of the convict's f 
there be any, and if the profits shall be insufficient for that 
he may sell the real estate and apply the proceeds thereto, upo 
ing the license of the judge. 

Sec. 1066. Such guaroian may be removed and another 
appointed in his place whenever the judge shall think there is j 
for removal. 



HAWAIIAN INVESTIGATION. 63 

^:r. li>f>7. Every such guardian shall have such compensation for 

• -» n ices as the judge before whom his accounts are settled shall 
'. -khr just and proper, and he shall also be allowed the amount of 

• r«-a.'K.>nable expenses. 

^>« . l<Mjs. All property given or in any manner whatsoever accru- 
.M.» a convict stmll vest in his guardian, if he be sentenced for a term 
t \' ir-i. to be disjKised of in like manner with his other property; or 
.... K' x^ntenced for life shall vest in his heirs. 

^K' . lotjii. lentil a lunatic asylum is created by law, any lunatic or 

- .: ♦• i^'rson, whose lunacy or insanity is established by the court of 

' |>*r juris4liction, may Ije committ<»d to any prison, jail, or house 

•!T»'ftii>n, there to l>o provided for and safel}^ kept until lawfully 

- lurjed. The estate of such person shall in all cases be liable for 

• iia\nM»nt of his necessary expenses, and it shall be the duty of his 
. ..*: :iun or other legal representative to make such payments, from 

:ii« t'» time, as mav be ordered by said court. 

Chapter 74. — ('areandcuHtodyofiyrisoiieTS. 

^' » . l«»7o. From and after the passage of this act, the care and cus- 

r» of all prisoners detained in any prison of the republic (Territory) 

• \\^\ Jh* transferred from the department of the interior (department 

t' :»';bHe works) to the department of the attorney-general, and shall 

• r.rUuled in and apjjertain exclusively to the department of the 
.'* irMV -general, except as hereinafter otherwise provided. 

^r«\ 1<»71. The attorney -general shall hereafter exercise all such 

''lority, supervision, and control over the marshal (high sheriff) and 

« -tiU»rdinates in relation to the oare and custody of prisoners as has 

viofore f>een voted liy law in the minister of the interior (super- 

' nd«'nt of ])ublic works), and the marshal (high sheriff) shall here- 

it*»T U» n*>]M)iisible to the attorney -general in all matters appertaining 

•■• t}:«' can* and custo<ly of prisoners in like manner as he nas hereto- 

• :♦' liei»n responsible to the minister of the interior (superintendent of 
J ''ii** works) in re>pect thereof. 

>M'. l4»7!f. In all resj)ects wherein the minister of the interior (super- 
♦t* ndont of public works) has heretofore by law been invested with 
»'<v {Hiwerof approval of the appointment of prison officers, or any 

- ri'tion to regulate the disciphne or the pay of such officers, or the 

^ ipline of prisoners, such rights of approval and discretion are 
I,. Ti \^\' vestt'd m the attoniey -general. 

>H'. I073. The niarslial (high sheriff) shall at all times, notwithstand- 
'• '1 anything hereinU^fore contained, hold all such prisoners as shall 
• « '»ntin(*d under sentence of imprisonment at hard labor at the dis- 
>vil of the minister of the interior (superintendent of public works), 
*• !>f employed by said minister (superintendent) on the public works 

r otherwise, a.s said minister (superintendent) under the law shall 

Chapteu 75. — Prinon in^ipectors. 

>n\ 1<>74. The minister of the interior (superintendent of public 
•^•rk^), with the approval of the cabinet (governor), shall, within sixty 

'. «» after the ]iassage of this act, appoint three persons on the island 
•{ <)ahu to Ihj inspectors of prisons, who shall constitute a board of 



04 HAWAIIAN INVESTIGATION. 

prison inspectors. Such inspectors shall bold office until July, 
and thereafter in the month of July of each alternate year the 
minister (superintendent) shall in like manner appoint three insp« 
who shall hold office for two years. Any inspector shall be el 
for reappointment. 

Sec. 1076. In case any inspector shall die, resign, depart fro 
republic (Territoi'y) to reside abroad, or become incapacitated tc 
upon such board, the minister of the interior (superintendent of ^ 
works) shall declare the office of such inspector vacant, and shall 
the approval of the cabinet (governor), appoint some other per 
fill such vacancy, and to serve for the remainder of the term 
inspector whose office has so become vacant. 

Sec. 1076. All inspectors appointed under the provisions of t 
shall serve without pay, but they may incur such reasonable c: 
for clerk hire, traveling expenses, or other incidentals as the ii] 
of the interior (superintenaent of public works) shall approve 
such expenses shall be paid from the appropriations for prii 
support of prisoners. 

Sec. 1077. As soon as convenient after the appointment c 
board of inspectors, they shall organize and appoint one of thei 
ber to be chairman of the board, and another secretary. Th< 
hold a regular meeting once each month, and special meetings 
ever called by any member of the board. They may adopt m 
regulations for their own guidance, and shall keep a record < 

Eroceedings and doings in a proper book or books. A majorit 
oard shall constitute a quorum. 

Sec. 1078. The books of record of each board of inspectors i 
the expimtion of the term of office of such board, be deliverec 
minister of the interior (superintendent of public works), wl 

f)reserve the same in the archives of the department of the 
secretflry of the Territory). 

Sec. 1079. Such inspectors, or a majority of them, shall vis 
prison once each month, and oftener if they deem it expedi< 
any of them may visit said prison at any time. They, or any < 
with the approval of a ma]ority of the board, may visit and 
any prison or jail of the repu]>lic (Territory) at any time, a 
have access to every part of such prisons or jails, and to th 
papers, records, and accounts of the same. 

Sec. 1080. It shall be the duty of the board of inspectors t 
vise the discipline and government of the Oahu prison, and, 
discretion, from time to time provide rules and regulations, 
trary to law, for any or all ot the prisons and jails of the 
(Territory). In performing these duties they shall consult ' 
marshal (high sheriff) of the republic (Territory) and the niii 
the interior (superintendent of public works) upon all ii 
matters, but the decision of a majority of the board shall cont 

Sec. 1081. It shall be the duty of the board of inspectors 
sultation with the jailor, to prescribe the punishment to be 
upon prisoners for the breach of prison rules or other mii- 
Tney shall in like manner decide who are entitled to the comi 
provided by law for good behavior, and who shall be deprives 
conunutation in whole or in part.^ They shall in like manner \ 
the power to restore, in whole or in part, to any prisoner the c 
tion which such prisoner shall have lost. 



HAWAHAN INVESTIGATION. 65 

Sec. 1089. The board of inspectors shall seek to improve the disci- 
iline of the prisons and the condition of the prisoners, and extend all 
erL-onable indacements not contrary to law for eood behavior. They 
[iay, in their discretion, classify the prisoners, designating the grade 
I) which each shall belongs the privileges not inconsistent witn the 
iw which mav be granted them, and the garb which they shall wear. 

Skc. 1083. ^e board of inspectors shall, in the months of January 
nd July of each year, present to the minister of the interior (super- 
rtrndcnt of public works) a report of the condition of Oahu prison 
iiid the prisoners there confinea, and of the doings of the board dur- 
nir the previous six months, and the condition of all other prisons 
Lh 1 jail* and prisoners of the republic (Territory), so far as they have 
!if(»rmation relating to them. They shall submit with such report a 
^•py of all rules and regulations which they have made, amended, or 
rt -<"inded during such period. They may also add any information 
)r >ugjrestions they deem advisable. Such reports shall be signed by 
It lea:jit two of the members of the board of inspectors, and be pub- 
lished in the English and Hawaiian languages in suitable weekly «ews- 
pai)ers in Honolulu. They shall also present a report to the le^slature 
it each regular session of the same, making such suggestions and 
riMt)nimen<Cng such lesgislation relating to the prisons and prisoners 
ifr they deem expedient. 

Chapter 76. — Commutation of punishment. 

>Er. 10>vl. Every prisoner confined in any prison or jail of the 
r. Y\\\\\\c (Territorv), under sentence of hard labor imposed by any 
<''»urt of the repuolic (Territoi^), may, for continued good behavior 
«>r meritorious conduct while serving out his sentence, be allowed the 
^•llowing deductions for each three months of his term, that is to say, 
tiM three months, seven days; second three months, eight days; third 
tJiree months, nine days; fourth three months, ten days, and so on 
:it the same increasing rate of one day additional for each succeeding 
three months. 

Sec. 1085. Any prisoner sentenced to pay a fine and who is confined 
vt hard labor because of his failure to pay his fine, according to law, 
"Jay be allowed a commutation at the rate provided for prisoners sen- 
^•nred to hard labor, such commutation to be allowed for the time actu- 
ally served in prison. 

Sec. 1086. Any prisoner may, for misconduct or other sufficient 
^•?Li\se before his discharge, forfeit the whole or a part of the commuta- 
tion which he has been allowed, and, for subsequent good conduct, 
lueritorious behavior, or other sufficient reasons, the whole or a part 
of the commutation so forfeited may be again allowed to such prisoner. 

Sec. 1087. The granting, withholding, forfeiting, and restoring of 
tbe commutation provided by this act snail be discretionary with the 
'««ird of pri^^n inspectors. As to prisoners confined in the prisons of 
tlie repamic (Territory) other than Oahu prison, the board of prison 
i^^pectorsmay delegate to such prison, officers or other persons as they 
It'em best the power to grant, withhold, forfeit, and restore commuta- 
tion of prisoners confined in such prisons, and such power to revoke 
^t their discretion. 

Sec. 1088. At some suitable time during the months of January, 
April, July, and October of each year the Doard of prison inspectors 

B I— FT 3—03 5 



66 HAWAIIAN INVESTIGATION. 

shall cause each prisoner to be informed of the commutation gran 
withheld, forfeited, or restored to, from, or by him during" the pi 
ous three months, giving the reasons for such granting, withhold 
forfeiting, or restoring of the commutation. And the said inspec 
may, in their discretion^ cause the standing of each prisoner U 
made known to any or all of the other prisoners id the prison. 

Sec. 1089. A record shall be kept and preserved in a suitable I 
or books at each prison, to be styled the commutation book, in w 
shall be entered the name of every prisoner under sentence who is 
fined in such prison. In such book shall be entered upon a sepa 
page the name of each prisoner, under which shall be entered a car 
record of his conduct and of the commutation which has been gran 
withheld, forfeited, or restored to, from, or bj him, with reasoi 
reasons for such granting, withholding, forfeiting, or restoring' of 
commutation. Such records or true copies of them shall be show 
council of state (to the governor) when considering petitions for e 
utive clemency. 

Se^. 1090. The commutation provided by this act may be alio 
to prisoners sentenced before this act shall become law, but shal 
allowed only from the date of its approval. The days commute< 
any prisoner before the date of the approval of this act, under 
commutation heretofore allowed by law, shall be noted upon the rec 
of such prisoner and added to the commutation allowed nim under 
provisions of this act. 

penal laws op 1897. 

Chapter 69. Public health. 

Sec. 868. There shall be a board of health for the Hawaiian Islai: 
consisting of seven members, three of whom shall be laymen, tb 
physicians, and the attorney-general ex officio. 

oBOANic act. 

Sec. 71. There shall be an attorney-general, who shall have 
powers and duties of the attorney -general and those of the pow 
and duties of the minister of the interior which relate to priso 
prisoners, and prison inspectors, notaries public, and escheat of lai 
under the laws of Hawaii, except as changed by this act and subj 
to modification by the legislature. 

CONSTITUTION OP 1852. 

Article I. God hath created all men free and equal, and endo^ 
them with, certain inalienable rights, among which are life and liber 
the right of acquiring, possessing, and protecting property, and 
pursuing and obtaining safety and hai)piness. 

Art. aH. Slavery shall under no circumstances whatever be toli 
ated in the Hawaiian Islands. Whenever a slave shall enter Hawaii 
territory he shall be free. No person who imports a slave or slai 
into the King's dominions shall ever enjoy any civil or political rigf 
in this realm, but involuntary servitude for the punishment of cni 
is allowable according to law. 



»;-..n. OT urn ii^ >,,^^y • i-^i ^^ "^^ ^^<^ ^•'' -"'"^ 

r V said Vj^.veroal^i^'-^ „ . , < » .. ^ jb-^' 

. ^- to sinv laturil petsMi i\k) W fur tro w^'^^^ ; ,.,,^ 

-. Tr-at sk-h kw> M provide for the ap;>-:r::.r"^^'' ' ' 




>~r<i2ii^imke 



• .-» >T ?xem of Amtncan in?iirJiicKL> it i? ^ t:-'-^"~7 ^'^ "" ; 

• - '. r- ?y Amerit-an -ihould own tii* otl i-'^. i^* '^- "• ' ';'* . '* 
'. • r EK't only of the uode^'^ipd. ki of ^v-:; I'-." ^.'-•^ •'* ■ ■■ 

- ' - fQ the ^Jopr:? of PuDci hnri tkjo-::b. :^:i' ^'' '"^ ^^^ 

jt^n i2ii> njeaoml. which nwc? ti<? 'i»/):;'.;j/'"n • * ^'Z 
' _T ^*> IE cir:-aiii*lMoe< that nar DOT [•'HLt liriL' !•• "Mji: 

. -. L sj-d of bter ^ftl^ by tie Ksf-i' Ian: E-tair, L:i:>j. : ■ ::.e 

- i*' ^Ttu<r^e>e lea^hol.ie^ now in f\^^^f.^L Ti-^ j^^ 
' i :r»jf!i riffi'^ to lime, and mr^ i^-^ti\ ih^ k< fi-nii. »: .»» 

' I'-r'^'ine a»veiaLt^ iiLp'vHi q[«'D lie F"rt::;."j»v i,>wvx^ jjjj 

• ^ f ' -aiijH w ben ih i» (frji-mtioc. lif Kipi'.ki E-tar^-, L :.. :-ii 
: ' "a"-.* it i"? "^rV to .sij tkl thf niw^nt* ic tie \>^^ rj.ti 

. i ♦*x*Hi.ie wrL'i'i V <, hari^Dv:.fl;(- that il^: furci\^- h- 
' •• :if 4'pp- of PuL'ik'^l fuuld ..f Mt\^itT ta-.e t- .^i 

J^^ F. [iiito, 
- ^* EoD'A2ii. flswii tii> :>".^ti iv oi ^ptrIL^»>r. A. [i v*,, 

L£ii£. 



- ' > '^td part: "'^^j^and — . 

-^ ie ji^rtr o/ the first f^n doe^ herebr L,^ ^ ,i 

• ; -'v of kDd .mated ifl tie ^J'^^.^otlie ^nd 

— vin.jof . '^Dthedbtni-t 

: tee pri-niL^ to tbe ?«t>Dd partr for tk * 

^""'^ rental to be 



i» follows: ftyment of — of ^ 



68 v-^^^AHAN INVESTIGATIOJ^. 

That at the pxesfcnt time there is no legal method wherehy the 
tiers of the blopea oi Punchbowl may acquire the fee of said la 
and the pui-pose of this memorial is to bring to the attention of ; 
honorable body the fact that it is necessary that the Congress oi 
United States enact such laws whereby the fee of this &nd ma 
vested in somebody with whom the settlers of Punchbowl may al 
time before the expiration of their respective leases enter into 
tracts whereby they may purchase their small holdings and there 
the expiration of their leases be vested with the fee simple of the 
upon which they have labored, built their homes, paid taxes t< 
government of the Territory of Hawaii, paid rent to the lessees ( 
crown lands commission, paid water rates, and upon which they 
lived for so many years and have reared their families. 

That there is danger that the government of the Territory of H 
will exchange portions of this land with parties other than thos« 
have improved said lands and those who by natural justice should 
the first say about the disposition of these lands. The govefnnv 
the Territory of Hawaii nas already exchanged a part of said 
with the Eapiolani Estate, Limited (a corporation), and if this ni 
of exchange is pursued, there is danger tnat the people who by 
should have the opportunity^ to purchase the fee of said lands wil 
nothing to say about that over which they have spent the betto 
of their life's earnings. 

An examination of the following figures will show the eiio 
amount of money spent only by Portuguese in improving the sk 
Punchbowl, to say nothing of what other nationalities have alsc 
there. The following figures are prepared on the most consei 
basis. 

Baildings $544^ 

Improvements (plumbing, etc.) 17( 

Taxes to January, 1903 3: 

Taxes paid to the Kapiolani Estate S 

Rent paid to Kapiolani Estate 12 

Water rates 7: 

Total 94: 

These figures do not show the value of the work done by the 
guese individually in cultivating these lands and planting trees tl 

While all the Portuguese settlers on the slopes of Punchbc 
not American citizens, this is not because it is their wish to 
subject to the King of Portugal, but due to the fact that they c 
become citizens of the great Republic because disqualified 
or^nic act. However, there is no instance of a Portuguese 
living on the slopes of Punchbowl who have not children \^ 
American citizens or who will not soon be American citizens. 

That it is the desire of the undersigned, as well as the mem 
the Portuguese colony who reside on the slopes of Punch l> 
secure to each Portuguese who is a leaseholder under the Ka 
Estate, Limited, of lands owned by the Government the fee sii 
eiich of their respective holdings, and do hereby make the 
ing suggestions as to the solution of the problem presented 
memorial. 

First. That the Congress of the United States enact laws w 
the fee of Government lands within the Territory of Hawaii 



HAWAIIAH INVB8TIGATI0K. 69 

m 

rested either in the government of the Territory of Hawaii, upon a 
n)mmis8ion, or apon any bod}', and that this body may have the right 
to convev said Government lands. 

SeconJ. That the Congress of the United States enact such laws as 
will give to any natural person who has for two years or more held 
(lovernment land, under lease or otherwise, the right and option, upon 
proner application, to purchase the same, proving that such holdung 
«>hiLU not exceed 5 acres. 

Third. That such laws shall provide for the appointment of a com- 
mi><ion composed of competent persons, who shall appraise public 
lands, and thereby place valuations on said land, wbich shall be within 
the means of every person holding public lands to secure their own 
homes. 

The undersigned make the foregoing suggestions, well knowing that 
under the system of American institutions it is an elementary princi- 
ple that every American should own his own home, and therefore it is 
the prayer not only of the undersigned, but of everv Portuguese family 
who reside on the slopes of Punchbowl, that your honorable body may 
bring this matter before the Congress of the United States, and that 
vou may be successful in presenting before the proper authorities in 
Washington this memorial, which means the continuation of many 
happy homes which may otherwise be taken from these people when 
thev may be in circumstances that may not peimit them to secure 
other homes. 

The undersigned beg leave to attach hereto copies of the leases which 
have from time to time been executed by the late Queen Dowager, 
Kapiolani, and of later years by the Kapiolani Estate, Limited, to the 
various Portuguese leaseholders now in possession. These leases 
t'wutedfrom time to time, and more particularly the last form, shows 
the burdensome covenants imposed upon the Portuguese lessees, and 
if the time came when this corporation, the Kapiolani Estate, Limited, 
has the power it is safe to say that the covenants in the leases which 
they would execute would be so burdensome that the Portuguese resi- 
i\*'i\ts of the slopes of Punchbowl would of necessity have to seek 
other quarters, unless protected by law. 

Kespectfully submitted. Frank Andradk, 

Jos. F. DuKlo, 

A. H. R. ViEIRA, 

Committee Chosen by Portuguese Settlers of Punchbowl Slopes. 
Dated at Honolulu, Hawaii, this 29th day of September, A. D. 1902. 

LEASE. 

This lease, made this day of , A. D. 189—, between 

, of island of , of the first part, and 



— ^, of the second part. 

Witnesseth, the party of the first part does hereby lease to the second 

party that piece ot land situated in the of , in the district 

of , island of . 

Deniismg the premises to the second party for the term of 

at the annual rental of dollars per annum. 

Payable as follows: Payment of of the annual rental to be 



70 HAWAIIAN INVESTIGATION. 

made on the date of the expiration of this instrument, and paymt 
in like manner are to be made until the expiration of the af ore^ 
term. That the party of the second part is prohibited from subi< 
ing without the consent of the first party in writing. 

At the expiration of the terra aforesaid, the second party is to ret 
the land in good condition and without waste. 

In the event of a breach or nonperformance by the second parti 
the above conditions, then the land is to revert to the first pai 
And the rights and all improvements pertaining thereto or grow 
on the land made by the second party, all of these things are to rei 
to the first party, and likewise at the expiration of this lease. 

And all taxes and charges to be imposed on the said land the ps 
of the second part is to discharge. 

The party of the second part agrees to perform all the conditi 
imposed on him. 

In witness whereof we do subscribe our names and affix our si 
the day and year above mentioned. 



LEASE. 



This lease, made this day of , A. D. 18 — , between 



, of , of the first part, and , of the seec 

part. 

Witnesseth, the party of the first part has leaded, and by this inst 

ment allows to the party of the second part, that premises 1 

uated at , whose boundaries are aescribed in royal patent — 

land commission award number , in the district of , isls 

of (being the conveyed to by the party 

the first part above mentioned). 

Demising the said premises to the second party, and to his heirs, : 
the term or years, for a rental of dollars per annum. 

Payable as follows: Payment of of the annual rental to be mt 

on the date of the execution of this instrument and the remaining h 

on the day of ; payments to be made in like manner 

until the expiration of the term aforesaid. The party of the seco 
part is prohibited from subleasing. 

At the expiration of the term aioresaid, the second party is to retii 
the land in good condition and without waste. 

In case of a breach or nonperformance bv the second party of t 
conditions mentioned above, then the land is to revert to the fi] 
party. And all rights, improvements pertaining thereto or growi 
thereon made by the secona party shall aH revert to the first party. 

And all taxesand charges to be imposed on the said land, the sai 
are to paid by . 

I, , of the party aforesaid, agree to perfot 

all of the conditions to be performed by me. 

As we are aware that this instrument is proper and correct, ther 
fore we do subscribe our names and affix our seals the day and yci 
above mentioned. 



HAWAIIAN lNV£STIQATIOK. 71 



USASSL 



Thi? leftse, made this day of , A. D. 190 — , between 

• of , island of , of the first part, and 



cf the :»ecoDd part, 

Witnesseth: The party of the first part hereby leases to the party of 

the :^*ond part that piece of land situated in of in the 

tii^rict of . 

I>enu>ing said premises to the second party for the term of 



} ♦-jir< at the rental of dollars per annum; the of the annual 

nntal to be paid on the date of the execution of this instrument, and 

tii4» remaining half on the day , payments to be made in like 

nunoer until the expiration of the term aforesaid. 

The party of thi^ second part agrees and covenants for himself and 
for hi> executors with the part}' of the first part and their representa- 
ti\t> and as>igiis to faithfully pay the rent in the manner above men- 
:. 'n<^. to pay all land taxes and other charges which may be imposed 
* n the said land. The second party is prohibited to sell or dispose of 
i:.i^ iea&e nor sublease the land or any portion thereof for any term 
*A.tti«>ut first obtaining the consent of fhe first party in writing. 

At the expiration <n the term aforesaid the part}^ of the second part 
'^ t4i return the land in good condition and without waste; and aU 
rii:ht>aQd improvements thereto or may be growing upon the land 
noiIe by the second party shall all revert to the party of the first 
l^rt. 

Ill the event of a breach or nonperformance by the second party of 
tL*' aliove conditions, then the land with all improvements thereon shall 
n \vrt to the first party. 

And the party of the second part agrees to perform all of the afore- 
-i'l conditions on his part. 

In witness whereof we do subscribe our names and afBx our seals the 
•iav and vear mentioned above. 



Id presence of — 



This indenture, made this day of , A. D. 190 — , by and 

*»*tween the Kapiolani Estate, Ltd., a Hawaiian corporation, duly cre- 
att^ and existing under and by virtue of the laws of the Territory of 

Hawaii, hereinafter called the lessor, and , of , 

i-Und of , Territory of Hawaii aforesaid, hereinafter called the 

WitneiiiHeth: That the said lessor doth hereby demise and lease unto 

th«' i^id let^^ee — all that certain piece or parcel of land situate in , 

inland of , Territory of Hawaii aforesaid, bounded and described 

a^ ffillows: 

To have and to hold the same unto the said lessee — and execu- 

t"r<». administrators, and permitted assigns, for and during the full 
term of , beginning with the day of , A. D. . 

Yielding and paying oierefor rent at the rate of dollars 



72 ^^WAHAN INVESTIGATION. 

($ ) per annum, payable in advance, at the office of sa 

lessor, without demand, on the day of . 

And the lessee, for and , execute 

administrators, and permitted assigns, hereby covenant — with the 8j 

lessor and its successors and assigns that and — 

, executors, administrators, and permitted assigns, will jMiy h 

rent in manner aforesaid; and also all taxes and water rates and ot| 
assessments which may become liable on account of said premises wi 

out deduction from said rent; that will not, without the con^ 

in writing of the said lessor, its representatives, successors, or as^sij 
assign this lease nor underlet the said premises as a whole; that — 
will not make or suffer any strip or waste or any unlawful, impro] 

or offensive use of said premises; that will forthwith insun 

buildings on said premises against loss by fire in a sum not less 1 

dollars (^ ) in an insurance company' approved of by the 

lessor, and in the event of loss as aforesaia said insurance to be pai 
said lessor, its representatives, successors, or assigns, to be applies 

said lessor toward rebuilding on said premises; that wil 

own cost and expense, during said term, keep and maintain 

premises, and all buildings, fences, and additions thereto in good 

substantial repair and condition; that will at all seasor 

times during such term allow the said lessor, its representat 
successors, and assigns, to enter upon the demised premises and e; 
ine the condition thereof; and at the end of said term or any sc 
determination of this lease will peaceably deliver up said premin 
the lessor, or its representatives, successors, or assigns, together 
all buildings, fences, and other additions thereto, in such gcK><3 
substantial repair and condition as aforesaid, reasonable use and 
thereof only excepted. 

And the lessor, for itself, its successors, and assigns, hereby 

nants with the lessee — , executors, administrators, and pern 

assigns, that the lessee — and ' executors, administrators 

permitted assigns, paying the rent in manner aforesaid, and per: 
ing the covenants and agreements herein contained, shall, and 
peaceably use, occupy, and enjoy the said premises during the 
term without any hinderance, molestation, or interruption what^? 
of or by the said lessor, its representatives, successors, or assig- 
by anv other person or persons lawfully claiming under them, c 
or either of them. 

Provided always, and these presents are upon this condition, t 
case of a breach of any of the covenants to be observed on the i^ 

the lessee — , or in case said rent shall be m arrear , the 1 

its representatives, successors, or assigns may, while such def ai 
breacn continues, without any notice, or demand, or process o1 
enter upon the premises hereby demised and thereby deterniii 
state hereby created, and may thereupon expel and remove the lei 

and those claiming under , and their effects, forcibly if 

sary, without process of law, as aforesaid; and such reentry s) 
no wise be held to prejudice any right of action or remedy which 
be otherwise used in respect of any breach of any of the covena 
this lease contained. 

In witness whereof the said lessor has caused its corporate sea 
hereto aflSixed and these presents to be executed by its 



HAWAIIAN INVESTIGATION. 78 

% and the said lessee — hereunto set hand — and seal , 



u the dav and year first above written. 

IL^PioLANi Estate, Limited, 

By its . 

Kxecuted in daplicate in presence of — 

• 
Acknowledgment.] 

This iDdentnre, made this 31st day of December, A. D. 1898, by and 
'• tweeo flmest H. Wodehouse, trustee, party of the first part, and 
A. Viera. party of the second part, both of Honolulu, island of Oahu, 
witnes^seth: 

That the said party of the first part (by virtue of the authority vested 
\u him bv trust deed dated July 12, 1898, and recorded in the register 
•tfice in liber 181, pages 294 to 297, the parties of the first part in said 
tru-st deed hereto consenting), doth hereby demise and lease unto the 
'Slid party of the second part, his executors, administrators, and assigns, 
nil that piece of land situate on proposed extension of Quariy street, 
H'tnoluiu^ aforesaid, having a frontage of 114 feet along said Quarry 
-trwt, and a depth of 80 feet along gulch to Helen Kamalu's lot, and 
'A.'' f«*et in the back along Helen Kamalu's lot. 

To have and to hold the same, together with the appurtenances, unto 
*l*' said party of the second part, his executors, administrators, and 
t--lgn<, for and during the terra of twelve (12) years, commencing 
fn>fn the 5th day of December, 1898. 

Yielding and paying therefor unto the said party of the first part, 
»r hU <uc)ces.sors in trust, the rent of thirty-five aoUars ($35) per annum, 
[livable annually in advance. 

And the said party of the second part, for himself, his executors, 

i'lmini^tratorH, and assigns, doth hereby covenant and agree that he 

'■*ill well and truly pay, or cause to be paid, unto the said party of the 

lir^t part^ or his successors in trust, in the manner aforesaid, the rent 

i'f'fve rcj^erved; that he will pav all taxes and assessments that may be 

upcM^l upon the said demised premises; that he will not assign this 

i*-a>e or ^uolet the said demised premises, or anv portion thereof, with- 

- '«t the consent in wnting of the said party oi the first part; and at 

•.^♦' ead of said term shall and will deliver up the said premises, together 

With the improvements thereon, unto the said party of the first part. 

In witness whereof the said parties have hereunto, and to another 

n^trument of like tenor and date, set their hands and seals the day 

^n*l y**ar first above written. 

[ Acknowledgment ] 



ST&TIKZIT OF BMH VET TO THE TJHITED STATES CONGEES- 
8I0SAL COMMTTTEE SITTING IN HONOLULU TO INQUIEE INTO 
THDB PUBLIC AFFAIBS OF THE TEEBITOET OF HAWAII. 

I Emil Ney, jailer at Hilo jail during the months of June and July 
• 4{isu«t, do make the following statement voluntarily and without 
' 'Ji<*4^, deeming it in the best interests of the civilized people of this 
I'rritory :fO to do. 



74 Hawaiian investigation. 

The administration of those having charge of the Hilo jail duT 
my incmnbency was the very worst that can be imagined, in \ 
tyranny, injustice, and brutality were the chief factors and stocj 
trade of those having in custody, under the law, their fellow-men. 

During most of the time I was on duty at the jail there were f 
forty to sixty prisoners incarcerated. They were confined at nigl 
nine small cells, with nothing under them but the floor and a bla 
for covering. The ventilation of the cells is very poor, and 
stench arising from the sweltering bodies of the inmates was all 
unbearable. 

It is the custom for the prisoners to work in chain gangs on the n 
and to preclude any possibility of their escaping while at their 
they have heavy balls and chains of steel riveted about their ac 
At night, as it is impossible to remove the shackles, the prisonei 
compelled to sleep with them on. 

On requisition from the heads of departments of the city go 
ment these prisoners are farmed out, and have been known to d 
private work of the sheriff of Hawaii on his private grounds. 

Within the jail inclosure vegetables and bananas are raised 
every other day during my incumbency 32 pounds of fresh bee 
supplied for the prisoners. Not one time while I was there did 
any of this food used in the prison, but I verily believe and decl 
be a fact that this was sold for the benefit of the head jailer. 1 f 
declare that while I was at the jail three sons of the said jail^ 
being in the government employ, received their daily meak 
jail at government expense. 

The above facts are a few of the glaring irregularities which I 
bring before the notice of your honorable body, and I verily 1 
and state that the reason these matters have not been aired 
grand jur}^ of Hilo or the papers of that city is because of the 
which the members of the inquisitorial body and of the prei 
Sheriff Andrews, who is commonly known as the ''Czar or H 

Emil 



Hahiwa, Oahu, Hawaii 
September 17, 

To the honorable United States Senate Commission, 

Honolulu^ Ilaici 

Gentlemen: I inclose herewith letter taken from the Eveni 
letin of the 16th instant and signed by "Mechanic." As 
"Mechanic" is 1 have no idea, but his remarks so closely cor 
with my view of the labor situation that 1 feel justified in ci 
to your attention. I realize that it is not the province of yoi 
mission or Congress, under present treaty regulations, to ] 
Japanese from coming to these islands, but I do believe that it 
sary to force the plantations into an action favorable to citize 
To grant restricted immigration to the phintations without ti 
tecting American labor would mean^ that the plantations would 
vided with another class to use against the Japanese and still 
reduce wages and run the American laborer entirely from t 
What the plantations want the Chinese for is to be able to 
their command a class they can handle in suppressing J 






HAWAIIAN INVE8TIQATI0W. 75 

n^and?, and to-day the only reason we have any American labor on 

.> pLintations^ outside of professional^ is that the plantations dare 

.* irast themselves entirely in the hands of the Japanese. 

i : the plantations find they can not secure Chinese labor without first 

\,ntin^ concession to American labor, they will, in my opinion, make 

It .•oiife?5jion. The Japanese laborer is *^a thorn in the flesh" of 

«• j^'uintations, inasmuch as they can not keep them from making con- 

.'.t demands for advancement. The Chinese laborers would place 

i*^ plriutations in a position where they could dictate to the Japanese, 

I. it necessary, exclude Japanese in favor of Chinese. To-day there 

iiwlackof nuDiYx^rs on these islands to perform all labor, merely 

It the class of labor can not be compelled to work where needed. 

V" ii^nfident am I that I appreciate the situation and can see the way 

i;i of it that I believe the matter at this time rests entirely in your 

I am convinced that the present leaders in Hawaii are in turn 

•viiKvd that the time is at hand when the power of government 

.-t pttxs into the hands of the people. This the}' so far have thwarted 

K k« .pinff the voting population as low as they could, in numbers. 

ii, iifiif they can no longer hold the power of government at their 

. r;--. they mn^t of necessity protect their interests against unfavor- 

■' ir^nslation 1^3' making a concession. A very shoi*t time since one 

• .1 i not even suggest restricted Chinese immigration without meet- 
liT i>pposition from the Planters' Association; now they are asking 
►r D >tricted immigration. I believe that the matter rests with your 
!i.:ni<sion in this way. If the planters find that they can not secure 

• :i->i>tance of the commission m securing Chinese labor, unless they 
r-r protect American labor, I believe they will not be slow in placing 

• • I ileiuands in that form. If the citizen labor of these islands is pro- 

■ :• -1 ajrainst the Asiatic in the matter of skilled labor, I believe the 
.!♦» difliculty would be settled at once. I,' however, do not believe 

t L'^^Aiiting any concession to the plantations unless it is made in such 

: inner as to render it out of the question for them to fail to comply 

*ii thvir part of the agreement. Much of our local trouble results 

: ''M the too general use of the word '^may" by Congress, instead of 

!.» \\urd '*must." Had Congi'ess made it compulsory that we have 

• :iity and municipal government, I believe that to-day everything in 
i I ^N aii would have been working harmoniously ; we would have money 
f "ur treasury, the feeling between the whites and Hawaiians would 
!*.♦* j>as^ed away, and we would not to-day be flooded with oriental 
!' TITS in every walk in life. 

A 1m.). it is not a question if the American can work in our cane fields, 
.t mther, is it possible to open the way so that our skilled labor can 
. ' »^ the right to work on our plantations without first having to reduce 
- f to the level of the Asiatic. The question as to whether the white 
.M (.*:in stand the work of the fields is a matter as yet only of opinion, 
i i will in time adjust itself . The future will demonstrate his ability 
' '.ahility. The right to work where there is now no question as to 

ty is the point we have to settle. 
l'.«'a>e accept my thanks for the very kind consideration shown me 

■ t:n* commission. I have at my command a considerable quantity 
' note^ and statistics l^earing on these islands and present conditions 
' :<-b are at your command. I am also familiar with many of the 

, ntations^ especially of this island, and should your commission decide 
' Uiake a tour of inspection, I shaU esteem it a very great privilege to 



76 Hawaiian investigation. 

go with and point out to you some of the conditions which other 
might be kept from your observation. The commission wilU)ep\ 
at no expense for any service I may be able to render. Personal 
believe that a satisfactory solution of this question is the only m 
that will justify my making a home on these islands, as if the pn 
conditions continue, even the professions will not be able to cxibt 
Yours, very respectfully, 

E. Tappan Tannatt, 
Cwil and Electrical Emj'nw 



MECHANIC LABOR VIEW. 

Editor Evening Bulletin: In regard to the labor conditio 
the plantations, it is a known fact that the plantations musi 
cheap labor or thev can not keep on a paying basis. The ed 
tlie P. C. A. says the whites and Hawaiians do not protest wit! 
I beg to differ. They do. 

But thev are willing to sign a proposition to allow the plan 
to have all the Chinese, but not Japanese, they want for plai 
work, on the condition that the plantations will discharge all 
skilled labor, such as blacksmiths, carpenters, engineers of all < 
sugar boilers, painters, and all other skilled labor, and euiph 
Hawaiians or whites for such work. By so doing they can g< 
5,000 to 10,000 to sign such a proposition. Otherwise thoro 
just so many sign against it. 

As to the labor unions on the Coast, when they see that tho 
labor is protected I do not think they will make any prot 
they will know that the mechanics on these islands know best 
wanted. 

If a law is passed at Washington allowing Chinese to come 1 
there be a clause put in- it so that if a plantation does employ 
skilled labor they will be liable to a fine of not less than J^ 
more than $500 for each offense. 

As to the Chinese going to the Coast, that can bo stopped ri] 
by imposing a fine upon any captain who attempts to take thei 
Chinese should not be allowed to remain on these islands unl 
work on a rice or sugar plantation. 

Sir, I am, Mkci 

Honolulu, Septemher 16^ 1902. 



^ Honolulu, Hawaii, StptemJpe?' 25, 

Hons. John H. Mitchell, J. R. Burton, and A. G. Foster 

Subcommittee of Senate Committee 

on PacifiG Islands and Porto Rico, 

Sirs: Complaining of Governor Dole's attitude toward the I 
people, and in support of the charge that he is not in harm 
intelligent self-government by the people of the Territory, it i.< 
fully submitted that at the last session of the legislature, ii 
suggesting to said legislature matters that might be considers 



HAWAUAN INVESTIGATION. 77 

.'nncement of the material interests of the Territory and proper leg- 

- • 'on that should be enacted, he constantly opposed and thwarted such 
- .it^ and held defiantly aloof from the legislature and its commit- 
• --. Instead of assisting the legislature by recommendation and mutual 
■n^^rvnce, as is customary elsewhere, he arrogantly declined the over- 

» -* made to him, leaving the Hawaiians, in the novel position of leg- 

- vtiTijr for the tir>t time, to their own devices with an implied and 
•fi »n a«.*tual threat that the errors and delinauencies on their part, 

7 !M*-:i>un's that might not meet his approval, would not only be 

■ *i*ninod and visited with arbitrary veto, but be taken advantage 

^ Tor th<» pur|X)se of creating the belief in the minds of members of 

'. j-r^--**, the Chief Executive of the United States, and their Ameri- 

•1 f^-llow-citizens generally that the Hawaiians were incapable of self- 

.' ^ «-rnment and unworthy even of the franchise which had been given 

I 'I support of this, and for the sake of brevity, curtailing the gen- 

*! attitude of the governor, generallv understood, thougn difficult 

-:»- iti«-ally to point out, one instance is hereby offered which, it is 

-]-'f*tfufly suggested, is indicative of the general course maintained 

. trie ex^H'utive toward a legislature making its first effort in the line 

f public st*rvice, as to which I will make an oral statement. 

Respectfully, 

George Markham. 



Wailuku, Maui, Hawaii, Stfptemher IS, 1902, 
i-n. John H. Mitchell, 

iltntrtniin Suhf^fninuittve (ff the 

St nntt' i hniviittre on Pacific Islands, etc. 

^ik: In support of certain oral testimony given before your honor- 
. '.«• <'<Mnniis>ion in that behalf, we, the undersigned attorneys of the 

- ;»r**m«» i**iurt of this Territory and residents of the island of Maui, 
i • rrit<»rA' of Hawaii, complain of John W. Kalua, circuit judge of the 

- • md judii'ial circuit of the said Territory , which said circuit includes 
• i-iuniLs of Maui, Molokai, Lanai, and Kahoolawe, and for cause of 
■pl.tint against said judge charge and allege as follows: 

I. That the said John W. Kalua was, on or about the 1st day of June, 

• ••», appointtnl judge of the second circuit court of the Territory of 
:! iwaii by the President, and ever since said date has been and now is 
t •• dulv ap|)ointed, qualified, and acting judge thereof. 

II. That the said John W. Kalua, while occupying the office of 

• iji', and in his mpacity as such, has been guilty of gross malfeas- 

• •• in office and has committed divers unscrupulous, dishonest, and 
l»nipi»r acts, among which may be cited the following: 

^ ') That one B. N. Kaula was committed bv the district magistrate 

f i\u- di-^trict of Wailuku, Maui, to appear before the circuit court, 

- ••f»ml circuit, at the December, 1900, term thereof, upon a charge of 

-nilt with a weapon eminently and obviously dangerous to life, to 

• r. nn ax, uix)n the person of his wife, Mrs. Kaula; and that while 

• upyinp the office of judge and knowing that the said Kaula would 

• hnmgnt b«»f<>re his court for trial, the said John W. Kalua visited 
*'.<• -^id B, X. Kaula while confined in the public prison at Wailuku, 
i^^uitiDg trial at the convening of the said circuit court, and there held 



78 HAWAIIAN IlfVESTIGATION. 

a private interview and conversation with the said Eaula in the pi 
yard, and your complainants are informed and believe and ther^ 
allege that the said John W. Kalua did at that time wantonly and 
ruptly promise and agree to and with the said Eiiula that if he 
said &aala, would pleadguilty of said charge before said circuit c 
that he, the said John W. Ealua, as iudge aforesaid, would mit 
and lessen the sentence which might otnerwise be imposed against 
that thereafter and to wit, on the 11th day of December, 19in 
said Kaula was arraigned for trial on said cfiarge before the said 
W. Kalua as judge aforesaid; that the said Kama did then plead $ 
of said charge and was by said judge fined the nominal sum oi 
and that for the services thus rendered him by the said John W. 1 
the said Kaula did three days later, to wit, on the 14th day of D 
ber, 1900, make, execute, and deliver unto Polly Kalua, wife < 
said John W. Kalua, a deed to certain real property owned bv tl 
Kaula in Wailuku of the probable value of $200, a translatecl c( 
said deed being attached hereto, marked ''Exhibit A,'^ and mado 
hereof. 

{b) That one Manuel Coelho was committed by the district i 
trate of Makawao, Maui, to appear before saia circuit court 
a charge of larceny in the second degree, and your petitione 
complainants are informed and believe, and therefore allege, tl 
said Manuel Coelho. while awaiting the convening of the said 
court before which nis trial was to be had, to wit, the June, 19U] 
of said court, did approach the said John W . Kalua and did th 
there enter into a private agreement with him concerning the d 
of said charge, and that the said John W. Kalua did then and 
and while acting as judge as aforesaid, corruptly and in wantor 

Sa,rd of his oath of office, promise and agree to and with the said ] 
oelho that should the said Coelho be convicted before said 
court he, the said judge, would, in passing sentence, reduce tli 
to a nominal punishment; that in pursuance of this prccoi 
arrangement the said Manuel Coelho did, on the 17th aay of 
1901. come before the said John W. Kalua as judge aforesi 
pleaded guilty of said charge, and was then by said judge fined tl 
the nominal sum of $25. 

((?) That in order to dispel any possible conclusion that the 
ing ridiculously small fines might have been actuated by the 
leniency of the said judge, we further allege that at the saic 
1901, term of said circuit court (and being the same term at wl 
said Coelho was fined) one Fred Wood, a ne^ro from the fc 
Florida, was arraigned thereon and pleaded guilty to a charge 
glary, wherein the said Wood had entered a store in the ni| 
and stolen therefrom about $900, but without any apparent it 
or desire to do bodily harm to anyone, and this crime being* 
ant's first breach of the law of this country, the said Wood wa 
said plea, by the said John W. Kalua, as judge aforesaid, sentc 
imprisonment at hard labor for the term of his natural life. 

{d) That the said John W. Kalua, while occupying said o 
judge, has frequently come upon the bench unaer the influ* 
liquor and so intoxicated as to be utterly unfit to perform th 
tions of his said office. That during the June, 1901, term 
court, and also at the June, 1902, term thereof, the said Jc 
Kalua, while presiding over said court, was often so stupefiec 



HAWAHAN IKVESriGATION. 79 

ferose of intoxicants as to be entirely ignorant of much of the pit)- 
pt^iings had before him. That on the 24th day of October, 1901, the 
^1 John W. Kalua^as judge aforesaid, held court for the purpose of 
Lt^-»ing upon certain matters coming before his court, and at that time 

• wsf) drank and an utter disgrace to the honorable office he occu- 
> •'*. The foregoing allegation is supported by the affidavit of W. F. 
Nkjuo, which IS attached hereto, marked ^'Exhibit B," and made a 
wrt hereof. 

<<! That the said John W. Kalua is neither qualified nor competent 
<• bfM the office of judge of a court of record; that his decisions are 
.^ually prepared by some third person, and his instructions are, in 
•■arly all vs^es^ drawn up and prepared in toto by some inferior court 
tlit'ial. And even in cases where the said judge has no reason to tie 
■tri< rwi^e than fair, his knowledge of law is so aeficient as to woefully 
«< (mniize the rights of litigants. 

/) That, as a reflex of the general opinion of Judge Ealua held by 
tri<- inti'lligent people of this island, we beg to submit herewith a copy 
■f th»» Maui News, dated December 21, 1901, and containing an article 
!*^iin^ with Judge Kalua, which said paper is marked "Exhibit C," 
itt.<i4'hed hereto, and made a part hereof. 

• > And as a further evidence of the culpability of said John W. 
Kalua we beg to submit herewith a copy of a sworn complaint now of 
•'t'«'nl in the office of the clerk of this circuit court, filed against said 
'•»bn \V. Kalua while he was occupying the position of circuit judge 
•f this second circuit under the laws of the republic of Hawaii, and 

• hioh said complaint remains to this day on record wholly undenied. 
^ii<i complaint is marked '' Exhibit D,'' attached hereto, and made a 
;'irt h«*rpof. 

Without the least malice toward Judge Kalua and regretting beyond 
' ♦tt-ure that it has become necessary for us to prefer these charges 
ijiiinnt one with whom we are necessarily so closely associated, yet we 

^ I that the limit of forbearance has been reached, and that it has 

•»'»me our duty to the people of this judicial circuit to ask your hon- 

■ rii»l«? commission, upon your return to Washington, to place these 

• unje-i before the President and recommend the immediate removal 
t' ^\^^i^ Kalua from the office which he has too long disgraced. 

Very respectfully, 

James L. Coke. 
A. N. S. Kepoikai. 
G. B. Robertson. 

Iermtort of Hawah, 

hland of Mani^ ss: 

\, .lune.H L. Coke, being first duly sworn, depose and say that T am 

•of the parties who signed the loregoing complaint and petition; 

' I know the contents of said complaint and petition, and that the 

• are true of uiv own knowledge, except as to those matters and 

• z^ whii*h are alfeged upon information and belief, and as to those 

■ .it»*r>> I lielieve them to be true. 

James L. Coke. 

^ i^^cribed and sworn to before me this 19th day of September, 1902. 

*r.4i^J Jas. N. K. Keola, 

Sfptaty I^uUiCj Second Judicial Circuity Territory of Hawaii. 



80 Hawaiian invkstigation. 

Exhibit A. 

Know all men bv these presents that I, B. N. Eaula (k), of Wail 
Maui, TerritoiT or Hawaii, in consideration of the sum of $1CK), t 
paid by Polly Kalua, wife of Hon. J. W. Kalua, of saicj Wailuki 
receipt whereof is hereby acknowledged,, have bar^ined, sold, 
released unto the said Polly Kalua, her heirs and assigns, all my 
and title in law and equity in all that parcel of land situate at K 
Wailuku, Maui, aforesaia, and described in L. C. A. 2420, and 
tainin^ 0.65 acres, being the same land conve^'ed by Laea (w), my 
who died intestate, by deed recorded in the oflSce of registrar of 
veyances at Honolulu, island of Oahu, Territory of ELawaii, afor 
in liber 109, pages 95-96. 

To have and to hold the said premises with all and singuk 
appurtenances thereunto belonging and everything on said land 
the said Polly Kalua and her heirs and assigns forever. 

And I, for myself, my heirs, executors, and administrato 
hereby covenant unto the said Pollv Kalua that I am lawfully 
in the premises hereby conve^^ed; that the said premises are fr 
clear from all incumbmnces; that 1 have good right to conv 
same; and that I, my executors and administratoi-s, will warrai 
defend the title to the said premises against the lawful clair 
demands of all persons whomsoever. 

And I, Haliaka Moaikeahi (w)^ wife of said B. N. Kaula (k), ! 
consideration aforesaid, do hereby grant, convey, and relea.se 
title and interest as said wife in tlie above granted premises, ui 
said Polly Kalua and her heirs and assigns forever. 

In witness whereof the said B. N. Kaula and Haliaka Moa 
his wife, have hereunto set their hands and seals this 14:th 
December, A. D. 1900, at said Wailuku. 

B. N. Kau 

H. MOAIKI 

In presence of — 

Jas. N. K. Keola. 

Territory of Hawaii, Island of Mam^ as: 

On this 14th day of December, A. D. 1900, personally appeare< 
me, B. N. Kaula (k) and Haliaka Moaikeahi (w), his wife, to nio 
and known to me to be the persons described in and who execi 
foregoing instrument, who severally acknowledged to me tb 
executed the same freely and voluntarily for the uses and p 
therein set forth. And the said Haliaka Moaikeahi (w), on ar 
nation by me separate and apart from her said husband, ackno^ 
that she had executed the same freely without fear or compi 
her said husband. 

[seal.] Jas. N. K. Keolj 

Notary PuhJie^ SiC07)d Judicial d 



Exhibit B. 

Territory of Hawaii, hlhnd of Mam^ ss: 

1, W^ F. Pogue, of Nahiku, island of Maui, Territory of 
being first duly sworn, depose and sav that during the month 
ber, A. D. 1901, I was manager of the Kihei Plantation Con 



HAWAIIAN l^JTVESTIGATION. 8l 

(wpomtion doing business at Kihei, Maui; that on the 24th <3ay of 
Xtober, 1901, 1 attended the sitting of the second circuit court, Ter- 
iforr of Hawaii, at Wailuku, Maui, at which John W. Kalua, ]i\dge 
f said court, presided, for the purpose of passing upon certain motions 
n Ale in the actions of the Hawaiian Commercial and Sugar Company 



lal the Kihei Plantation Company against Kawaipimaka; that at that 

inie the said John W. Kalua came upon the bench intoxicated, and so 

;;ider the influence of liouor as to be entirely unfit to intelligently 

»*rform the functions of nis said office, and that his demeanor at the 

i/xae was insulting and disgraceful. 

W. F. POOUF.. 

^i'^'^'ribed and sworn to before me this 8th dav of February, 
\>tjLi-.] N. E. Lemmon, Notary Pitblic. 



Exhibit C. 
kaia'a must go. 

[Kroin the Maui New».] 

It has been the fixed policv of the News to avoid attacking private 
iiwividuals^ and there is no disposition to overstep that policy now. 

But individuals w ho occupy public positions are subject to public 
mticism for their official acts, and the News would be remiss in its 
iutie** to the public if it should fail to voice public sentiment in those 
"a?<e?^ where a public official is derelict in his auties or so conducts him- 
-jelf as to unfit himself for the properperformance of his official duties. 
Judge John W. Kalua must go. The News, in taking up this fi^ht, 
does so delil>erately and after mature consideration of the responsibil- 
ity which it is assuming *kj well as the probable results. ''Thrice 
'irmed is he who hath his quarrel just," and this paper will continue 
\\i^ fight until either Judge Kalua voluntarily steps down from the 
\>ench which he has disgraced, or until the toe of the Presidential boot 
ineffectually applied. 

1\^ those who are intimately acquainted with the public career of 
Judge Kalua for the past few years no specification of charges is 
Deeded^ because his derelictions are well known and are threjwlbare 
.-objects of discussion. 

But definite charges will be published by this paper if Judge Kalua 
re*fu.ses to Ib^ten to its advice and to an almost universal sentiment of 
'ondemnation among the people of Maui and refuses to resign the 
judjreship of the second circuit. 

To those who are not familiar with the facts in the case it may be 
^njrgested that drunkenness in public, on the streets, in the church, on 
th<' bench, and at other places almost too sacred to mention will bo 
Hniong the charges officially preferred. Intimate and confidential con- 
•. ►-ri^tions between himself and prisoners who were afterwards to be 
tried before him, and promises made by him to them which they after- 
wards inadvertently revealed to others — and which promises were after- 
wards scrupulously performed by him on the bench — will be inquired 
\nto, and the hidden motive for such promises, if anj^ will be dug up 
iDd brought to light. 

H I— KT 3—03 6 



82 HAWAIIAN INVESTIGATION. 

His ignorance of law and his inefficient, not to say corrupt adi 
istration of it, the fact that his charges to grand juries and his in>t 
tidns to petit juries have to be prepared by his subordinate c 
officials, IS a charge which he will, if he persists in refusing to rej 
be called upon to answer officially. 

Other ^I'ave charges will also be preferred against him if he e( 
an investigation of uiem, but the present object of the News is im 
to give him a mild intimation in a friendly way that his resigni 
from the judgeship of the second judicial circuit would be consi( 
an inestimable boon to the justice-loving people of Maui. 

It will avail Judge Kalua nothing to claim that the present atU 
inspired against him simply because he is a poor E^anaka — a claim > 
he recently made — and Hawaiians themselves are warned against 

Eleas made by him. It is not because he is Hawaiian, but rather he 
e is a disgrace to the position he fills, that his resignation is dema 
and none will appreciate this fact so keenly as the Hawaiians of " 
who are thoroughly conversant with Judge Kalua and his meth( 



Exhibit D. 

In the circuit court of the second circuit, Hawaiian Island>. 

term, 1900. 

S. Kaiiale, plaintiff, r, J. W. Kalua, defendant. 

Action at law to recover money. — PlmntijffTa complaint. 

To the honor ahh J, W, Kalua^ judg^ of the circuit court of tlw 
circuity Hawaiian Islands: 

The undersigned, S. Kahale, the plaintiff above named^ cot 
of J. W. Kalua, the above-named defendant, and, for cause of 
alleges — 

That both plaintiff and defendant are Hawaiians by birth \ 
residents of Wailuku. Maui. 

That on or about tne 1st da}^ of January, 1889, the said def 
while acting as the agent and attorney of plaintiff, did reprc 

filaintiff that he, defendant, could secure for plaintiff the loan 
rom one W. R. Castle, then of Honolulu, Hawaii, upon pi 
delivering to said Castle an indenture of mortgage upon certai 
ises in Wailuku aforesaid, then owned by plaintiff, to secure the j 
of said loan. 

That thereafter, and on or about the 17th day of January, 188 
tiff did make and execute the mortgage aforesaid, a certain N 
Lowrey being the mortgagee therein named, and plaintiff die 
time deliver the said mortgage to defendant as plaintiff^i^i t 
aforesaid, to be delivered by defendant to said W. R, Castle, tl 
of said mortgagee. 

That thereafter, and on or about the 25th day of Januar 
defendant did deliver to said Castle the mortgage aforesi 
defendant did then and there receive from said Castle the sum 
the same being the consideration money for said mortgage. 



HAWAHAN IKYjeSTIGATION. 83 

That in receiving the money aforesaid defendant was acting as the 
vr.t, employee, bailee, and trustee of an express trust of the said 
lintifT. 

Tlut plaintiff after said date often requested said money of defend- 
ii. hut defendant alwaj-s I'epresented to plaintiff that he, defendant^ 
id not yet received saicl money from said Castle; but plaintiff alleges 
A ^ys that said representations were and are false and fraudulent, 
id were made for the purpose of cheating, swindling, and defrauding 
ii< plaintiff out of his property. 

That plaintiff has never received said $150 or any part thereof, 
though ^aid mortage was enforced against plaintiff, and that his 
M]>«rty has been sold to pay the same. 

And plaintiff further says and alleges that defendant, after having 
N^ivcd :«id money from said Castle, the exact date being unknown 
> plaintiff, did purloin, embezzle, and corruptl}" take and convert to 
i". defendant's, own use the said $150, the property of this plaintiff. 
1 iiat the said $150 with interest is still due, owing, and payable from 
f fondant to plaintiff. 

Wherefore plaintiff prays the process of this court to cite the said 
[•fondant to appear and answer this complaint before a jury of the 
>untry at the June, 1900, term of this court, unless sooner disposed of 
r judicial authority, and that plaintiff may have judgment gainst 
eff ndant for the sum of $150, together with interest thereon and for 
b ix>&ts in this proceeding. 

S. Kahale, Plaintiff. 

HoNS & Coke and Richardson, 

Attorneys for Plaintiff, 

Iaw.uian Islands, Inland of Maui^ ss: 

I. S. Kahale, being first duly sworn, depose and say that I am the 
iaintiff above named, that I know the contents of the foregoing com- 
taint and that the same are true. 

S. Kahale. 

^uWribed and sworn to before me this 12th dav of March, 1900. 
NOTARIAL SEAL.] Geo. Hons, Notary Public. 



CmZEHS' MEMOBIAL. 

1/ i. it frill of the citizens of Uilo^ Ilaxcaii^ praying for the enactment of 
"lij^l'ititm by dmqressyor the improvement of uilo and the devdop- 
.'f ffthe iMand of Hawaii, 

HiLO, Hawaii, September 17^ 1902. 

T *h- hontfrable subcommittee of the Senate Committee (m Pacific 
I^i'thiU and Porto Rico: 

Vour memorialists, the undersigned committee, appointed at a meet- 
•i;r«»f citizens held at Hilo, island and Territory of Hawaii, September 

•. U*»ri, beg to respectfully represent: 

Thi* island of Hawaii, popularly called the '' Big island," is the 
anresft island of the Hawaiian group. It has an area of 4,210 square 
Liles and contains about 2,000,000 acres. The largest city and prin- 



84 HAWAUAN INVESTIGATION. 

cipal port of Hawaii is the port of Hilo, situated on Hilo Bav, on 
windward side of the island. With the exception of Pearl Har 
Lochs, the Bay of Hilo affords the largest natural harbor in 
Hawaiian Islands, having an area of 1,500 acres and an availa 
wharf frontage of 7,000 feet, or nearly a mile and a half in extent. 

BBEAKWATER. 

The peculiar formation of the bay, with a submerged reef of r 
extendmg from the shore a mile toward the entrance of the harbor, f 
nishes a natural haven for storm-bound vessels. Unfortunate h% In 
ever, the high winds sweeping over the reef break the sea into he: 
swells, and an othei'wise calm narbor is transformed into a heavy s 
tempestuous btiisin. A breakwater extending out over this reef 
three-quarters of a mile or more would stop the heavy flow of th(» 
and protect from damage the shipping and wharfage property wit 
the harbor. 

Several Government surveys, and especially that made in lI>ol 
the United States Coast and Geodetic Survey (Chart No. -1:103), deni» 
strated the feasibility of the construction of such a breakwater at 
minimum cost to the National Government and with incalculable Ikn 
fit to Hilo and the island of Hawaii. Until the bay can be projxN 
protected b}'^ a substantial breakwater, it is almost useless to atteii 
to construct permanent piers or docks for deep-draft vessels, 
present the port of Hilo has only one small wharf for the use of iiit* 
island steamers, and an old abandoned government wharf. Heavy -^In 
vessels therefore are required to anchor in deep water in the bay a 
handle every ton of freight loaded or discharged by means of sch)w^ 
lighters between the ship and shore. In very rough weather the we 
of lading or discharging vessels must be abandoned. The const ructi 
of extensive docks and wharfs along the water front is now awuiti 
the building by the National Government of a protecting breakwaU 
without which the shipping and wharfage property are at the mer 
of the elements. 

SHIPPING INTERESTS. 

The number of vessels discharging and loading import and expc 
freight at this port is al)out 90 to 100 per annum, aggregating soi 
12(3,000 tons, upon which there is a lighterage of 50 cents per ton ea 
way between snip and shore, under existing conditions. Last si'Asiyi 
crop of sugar for the entire Territory aggregated 3(50.038 tons, whi 
the yield for the island of Hawaii alone amounted to 134,(518 tons, 
38 per cent of the whole output. Owin^ to the establishment of ti 
gigantic sugar plantations in the vicinity of Hilo, which have ju 
come into l)earing within the last year, the prospect for a large outp 
from this island, is very much increased. Almost the entire siisi 
production from this island finds an outlet through the harbor of Hi* 
and this amount will be greatly increased by the construction of tl 
proposed lines of railroaa and the further development of the sugJ 
plantations and the contiguous territory, which is now practicall 
inaccessible. 



86 HAWAHAN INVESTiaATIOK. 

government and available for Federal purposes, as shown on a pi 
the business portion of Hilo, herewith presented. The leasetn i 
which these lands are held by private parties will shortly expire 
dates of expiration being fully set forth on the plat referred to. 

CTTY AND DISTRICT OF HILO. 

The population of the city and district of Hilo is approxin 
14,000, and promises in time to become the city of largest comn 
impoi-tance within the group. Hilo is the terminal for two mi 
running into the interior, one of which, 42 miles in length, 
active operation, and the other, of 120 miles, is a projected entei 
having a very promising outlook for its early completion. The 
lines of road will tap nearly every sugar plantation of the 
Island," whose inward and outward freight must necessarily l)e 
at Hilo. The assessed value of real estate and personal propei 
the district of Hilo in 1897 amounted to $5,460,631, and for th 
1901 amounted to $10,281,480, showing an increase in five y< 
$4,420,849. For the entire island of Hawaii the assessed w 
real estate and personal property for 1897 amounted to $13,5< 
and for 1901 to $25,377,151. 

QUARANTINE STATION. 

In view of the exposure of the Hawaiian Islands to inf ectic 
contagious diseases irom Asiatic ports, the necessity for a stric 
antine, when the occasion demands it, is apparent. Owing to th 
liarly healthy condition and climate of Hilo and the island of ] 
we are particularly free from epidemics. But occasions arise, i 
case of the bubonic plague in Honolulu, when it is impenit 
important for the enforcement of strict quai*antine measures 
port of Hilo. Should such an exigency occur, Hilo is wholh^ 
a quarantine station or equipment to adequately deal with th 
and the establishment of a U nited States quarantine station i 
essar}'^ precautionary measure. 

REVISION OF THE LAND LAWS. 

There should be a thorough investigation and revision of 
laws of Hawaii suitable to our needs and conditions whic 
result in the greatest benefit to the small farmer and home 
In remodeling the land laws of Hawaii along American lines, 
poses should be to encourage the settlement and cultivation o 
lands by small holders in a diversity of pursuits. (See Unite 
Consular Report, 1889.) 

PROTECTION TO COFFEE INDUSTRY. 

As has previously been called to the attention of your coi 
the ruin or prosperity of Hawaii is dependent upon the rise 
of sugar, and under present conditions the commercial exis 
these islands depends mainly upon sugar. There are other in 
notably the growing of coffee, bananas, and rice, which have 
considerable attention. Owing to the low price of coffee, 1 



HAWAIIAN INVESTIGATIOK. 89 

• ar-i we purchased of Brazil $1,500,000,000 worth of her products and 

• Id to her only about $250,000,000 worth of American products, leav- 
. 'J a balance of trade in her favor of the enormous sum of $1,250,000,000 
J 'l-i. Yet Brazil discriminates against us to-day. She charges a higher 
::;ty on flour when it comes from the United States than when it comes 
*:«rn the Argentine Republic. She does this in return for a reduction 
"f iluties by the Argentine Republic on Brazilian coffee, whereas we 

:nijt that c-offee free of duty. And the United States imported from 

I'.razil $66,643,347 value in products more than the Brazilian importa- 

•. 'U^ by the Argentine Republic. This only illustrates to what unjust 

'• • M-riminations the United States submits in permitting Brazilian coffee 

t: t-*- of duty into the United States. 

The same condition of affairs exists with reference to our trade rela- 
t :• T}^ between the United States and all the South and Central American 
. • :f»-f»-producing countries. The cultivation of coffee in these islands 
'^ in iLh infancy, and so long as our product has to compete with the 

• ■ •-up coffees admitted free into the United States from countries 
» n»*re eon tract- labor laws, trades unions, and laws against slaverv and 
'• #» UM? of convicts are not enforced, this industry will be retarded in 
it^ irrowtb and commercial success. 

I forgot to mention that it is a fact that South and Central American 
i»*e-producing countries charge on all coffee exports an export duty 
f $:f.25 (in gold) per cental (110 pounds), which duty, naturaUy, the 
I niled States pays. 

My views regarding the future welfare of this industry, naturally 
'..•-aning the future welfare of our Territory, are shared by all Ameri- 
tn citizens, and I trust that th^e claims for recognition will bear 
truit- 

Yours, resj^ectfully, Abraham L. Louisson. 

HiLO, Hawaii, i^t-jdemher 18^ 1902. 



1 1 > 
i ■ 



MmOBIAL OH BSVI8I0H OF THE HAWAUAH LAHD LAWS. 

1 fhy SafMypiHinlttee of t lie Setuite Committee on the Pacific Islands and 
l**frUt Rico: 

The views hereinafter expressed have already, in part, been pre- 
-'-rttod at different times, and to other officials and branches of the 
K*-<it'nd (jovemroent, also to the Hon. H. M. Sewall, late United 
^ut«^ minister and commissioner during the interregnum antedating 
t'.*' actual operation of the organic act. The conditions that then 
r\i<.ted exist to-day only more emphasized. 

I have, then, the honor to suggest that a closer investigation of the 
ri* tbods ased in the administration of Hawaii Territorial land matters 
"I 11 diKcloHC the existence of a state of affairs which it is difficult to 

•nreive from an American standpoint, and one which, if notepeedilv 

' •«'ke<i either by local legislation or an entire radical change tnrougli 

< ••fitrresHsional legislation, transferring their control and disposition to 

♦• Finleral branch, may leave but the empty husk to be legislated for. 

Not least among the many causes for the uneasiness and dissatisfac- 
t -ii existing in the public mind of this Territory at the present day is 

• ireneral disregaixl or nullification by the Territorial land officials of 



1 1 

' 4 



90 HAWAIIAN INVESTIGATION. 

the provisions and requirements of the so-called public-land act of 1 ^! 
a creation of the present governor. As a matter of fact, it has 
most diflScult to obtain any information. The self-styled **Exe<i 
Council " occasionally permits a few grains of information of its doin 
sift through between the chinks of its closed doors; otherwise no 
licity is given to its proceedings, which adds another malod( 
element to an un-American phase of public administration. In re 
to land matters a certain secrecy has been observed, both by the 
department and the Territorial executive, with the result that 
sands of acres of the most valuable agricultural public lands o 
Territory have been allotted or alienated since the adjournment < 
late legislature in July, 1901 — in some instances to irresponsible 
cants, while in others a proper exei'cise of judgment looking tov 
protection of the public rights and the pubnc welfare should 
resulted in throwing the applications into the waste basket, 
inevitable result of these hign-handed proceedings has been one 
in the creation of a sentiment of deep indignation against an exe 
either too weak to resist or too willing to acquiesce in the betra 
a public trust. In no instance has a knowledge of the locality, 
individuals seeking lands in the same, been of the slightest a 
deferring or averting these results, for, as stated, the public 
invariably been denied information until too late for remedial 
or protest, and then only the bare facts. Furthermore, requei 
access to public records for information on passed land transi 
have been denied in the face of remonstrances that such r 
would be appealed from to the Federal authorities. 

Referring to the Dole land act of 1896, the provisions appl^ 
the acquisition of public lands under the form of settlement : 
tions appear to have found the most favor with the dispensing c 
and the records of the land office will show that large blockhi 
have been gerrymandered under this anomalous feature. These 
nations or associations may or may not have been effected for t 
pose of evading the requirements — in the former event a matte 
all difficult when the mutuality of interests or the force of *' ^t 
influence, or even the cool insolence of disregard to the law, 
such violations to be carried on with impunity. 

In this connection a reference to the records will indicate 
the executive council has ratified the setting apart of valuable 
tural tracts in large amounts, under the provisions for set 
associations; (2) that in many instances the allotments w^ere j 
parties who should have been considered ineligible; (3) that in 
instances where the applications were bona hde they were d 
(4) that in two instances at least allotments were ratified in \^ 
the first case, the principal applicant was a close personal f rien 
land commissioner; in tne second case, the brother-in-law^ to or 
subagents, employing as the surveyor the successful appl 
the first-mentioned tract. In no single instance was the puol 
cognizant of these projected moves until full consummation h 
effected. In the majority of cases these settlement associatic 
gobbled up the rich agricultural Olaa tract, of which the Olaj 
tion forms a part. In not a single instance has the residence c 
tion been observed, nor do the land officials appear to have ins 
a compliance with the same. 



HAWAIIAN INVESnOATIOK. 91 

Ainou^ the oumerous reasons assigned by the Territorial adminis- 

-itiona^ making it expedient to maintain the existing land laws in 

'» trivDce to the American statutes is the specious one tnat under the 

.*'niti<m of the latter the supply would rapidly become exhausted — 

-(augment inconsistent with the facts when viewed in the light of the 

.!!oK\^aIe alienation of the public lands effected since the passage of 

ji' orjnuiic act, whether in response to the greedy calls of the su^r 

'..^iV'^ts on the one hand or of scheming speculators or irresponsible 

vlk-ants, of whatever race or nationality, on the other. 

ihe "Statement has been made before your honorable body by the 

•.i-v.-nt commissioner of public lands that no transfers or leases of 

.ou'nunent tracts have been effected except in such localities where 

:.♦' (^>Dditions for small holdin<rs were unfavorable bv reason of inac- 

ibility or otherwise. A mere superficial investigation, however, 

. li prove this statement to be false and misleading. As a matter 

•t fat't. the records will show that bona fide applications have been 

vonholed or sidetracked, the impression conveyed to the public 

iiiT one of collusion on the part of the Territorial officials with cer- 

in moneyed interests. The rrequenc}', also, with which large blocks 

•I the pablic lands have of late been set apart by the Territorial 

iiiiini*<tration at the suggestion of the planting interests, as so-called 

-* iter conservation or forest preservation tracts, and in some instances, 

::*n the leases have but a short period to run before expiration, 

.'..•i^ now leased to the plantations at ridiculously low i*ates, remain- 

'L^ uncultivated and unproductive, though capable of the highest 

::r*cultural development, which in every respect are desirable for the 

' .r|>>Nes of settlement, places the Territorial administration in the 

. •inu> light of insincerity in its professions and of seeking to further 

' growth of plutocratic interests and influence, while shutting out 

'.. • intelligent and industrious American white farmer, whose brain 

' I brawn have helped to make our country the most powerful and 

most prosperous country on the face of the earth, but who, in 

Hawaii, finds confronting him the advei*se conditions of a hostile, 

..M \merican administration, friendly only to the perpetuation of an 

AMatic civilization. 

The ax of the pioneer may not resound through the depths of the 

tropitiil jungle for fear that the felling of the forest may disturb 

tbt' noniuil ratio of rainfall; on the other hand, the interests adjacent, 

-♦'f«Tated from the former onl}' by natural water courses, fringed and 

iothed from top to bottom with dense foliage that arrests evapora- 

i.ou, may denude the properties held by them, either in fee or under 

!»^i-o from the Territory, with impunity, inasmuch as some mysterious 

fiatund phenomenon gravitating only to themselves maintains the 

water status. The result is that the intending settler, whether new- 

• '•iner or resident, finds himself without the pale, unable to locate on 

•'-♦' really desirable tracts, these tid bits being reserved from occupa- 

t "n. Seeking emplovment elsewhere, he finds himself assailed at eveiy 

Vim by the universality of Asiaticism covering every branch and ave- 

t:«'of labor and usefulness, and slowly, but nevertheless insidiously, 

and sm*elv undermining Caucasian forms, American principles, the 

L'« niiw of liberty and equality, with the foulness of its own institutions. 

Then is the loc^l administration directly responsible for this cancer- 

uua sore in the midst of the body politic. Viewed even in the light of 



92 HAWAIIAN INVESTIGATION. 

the statutes which it desires to perpetuate, it ban been dereliri 
administering those statutes. Instead of applying those laws in I 
broad and lioeral spirit which, by providing cheap homes for 
many, conduces so much toward the uplifting of a nation's welfare 
has prostituted its powers in the direction of favoritism, in fostei 
a plutocratic element beyond the just recognition that any lead 
industry might reasonably be expected to receive, in itself violal 
the spirit of the statutes as already indicated, whatever shallow reaj 
of justification it may advance in defense of its methods to the i 
trary, and until it can fully and satisfactorily explain its many act 
illegality: (1) of ratifying the wholesale assignment of public bind 
so-callea settlement associations with members of duoious finaii 
credit, or of (2) not compelling them to conform to the requinnn^ 
called for; (3) in denying the same opportunities to others far n! 
deserving and able to carry out the conditions; (4) in declining to o 
up desirable tracts of- lands applied for by responsible citizens 
insisting upon reserving as forest reservations or water conserval 
tracts localities eminently suitable for homesteads and small holdi 
on the mere representations of interested parties already holding la 
blocks of public lands at ludicrously low rentals in which the the 
of water conservation takes no part; (5) in permitting unrestrk 
transfers and assignments of interests in holdings when the purpoi^ 
such transfer was clearly one of profit or barter; (6) in permitting 
subagents or other officials to openly speculate in such propositions 
virtue of their official prominence; (7) in permitting those offioi 
to hold back land patents long after the final payments had been ma 
(8) in putting upon the market large blocks of land in one unbrol 
tract, concealing the true nature thereof, under the conditions o 
right of purchase lease; (9) in foolish and profligate waste of the p 
lie moneys, b\^ sending forward to Washington its commissioner 
public lands to instruct the President of the United States, as well 
its Senate and House of Representatives, in their respective pul 
duties, with especial reference to the proper administration of 
Territorial public lands, and many other evidences of official inai 
petency and hostility toward American methods. 

The senseless, fatuous resistance of the Territorial executive, 
commissioner being merely the figurehead, to the incorporation a 
adoption of our own liberal Federal statutes can be viewed by ' 
disinterested outsider only as the final effort to prolong an oligarc 
condition that must eventually be eliminated. The same forces t| 
sought the extinction of national sovereignty in Hawaii, and its C 
placement by American institutions, exerted the most stupend( 
efforts to force upon the Congress of the United States the adoptj 
of a colonial system which might maintain intact their power and pri 
leges; not that those efforts were animated by veneration for our ^ 
rious old flag and its associations, but that the dominating motive v 
one of commercialism. The anomalous condition of a small cote 
gi-asping and retaining the reins of government while disf ranchij;i 
the son of the soil was here presented, an oligarchy rendered po^f^} 
by a commercial reign of terror, against whose influences and ramili^ 
tions the liberty-loving citizen was powerless. Gradually, howey< 
has this octopus clutch become loosened, as the spirit of Amerio 
institutions came marching on, and now the Hawaiian American claii 
with his white brother that in this, almost the last citadel of oligarcli 



HAWAIIAN INVE8TI0ATION. 93 

' :r.T. a land law framed for the perpetuation of oligarchic principles, 
''nir> >»o let down and American ideas prevail. 
I'iiK" Territorial administration claims this to be inexpedient. It 
-. in tbo first plai*e, that it is impracticable to adopt the rectangular 

• !ri«Kl of puhlic land subdivision under the geographical or topo- 
. It hh-al conditions here prevailing. For the information of the 

• 'rir<irial exe<*utive, reference is here made to sections 2408-2410 of 
.. ii»\ i«*fd Statutes, which empower the Secretary of the Interior to 

■irt fn)ni the rectangular mode of survey should he deem the same 

:siMe or to prDmote the public interest. These sections were 

; N-^i for the better subdivision of the public lands of Oregon, Cali- 

' .-1, and Nevada. Section 2410, with a slight amendment incorpo- 

• u-jr the words ^"Territory of Hawaii," could be made applicable 

. Furthermore, this same section fixes a maximum of 160 acres 

' I ruinimum of 40 acres as a limit of subdivision, which, from the 

' > i{x»int of a Hawaiian administration of land affairs — so liberal in 

' iplHirtionment of 200-acre prizes and 2,000-acre settlement associa- 

"- to ntraw settlers — will be a just hardship to the prospective land 

.' I '•••T in Hawaii; if adopted, a misfortune not to be deplored except 

".*• rhampions of the Hawaiian land system. 

i rjf* other plaints put forward in opposing the final transfer of the 
-.torial lands to Federal control have their origin merely in that 

• inil disinclination to let go a good thing — one of the indices of the 

• <>ligarchic spirit. 

i tit* only call upon the svmpathy of the at one time kindly minded 

•*i.* has l>een the one of distance and interval. At the present time, 

-vver, this tearful appeal has long since lost its effectiveness, inas- 

. h a^ grim experience has taught the weary ones who were blessed 

- • '»»»t-aui»e thev waited that for deeply dyed, double-distilled essence 

* waiting for land patents from six months to two years after the 

>l iKiyment'^ had l>een made was no unusual occurrence. It is an 

' ri •{Ut>stion whether Washington could beat that record. 

Hiving, therefore, called attention to existing conditions and enu- 

• utrd such facts as the limitation of this paper will permit, docs it 
' ' Jipi^ear necessarv that Congress should take early action toward 

••Ninjr a J^ystera of land laws for this Territory? Also to consider 
" • <-<mdition of the present laws and their application at the present 

• ' Also, is it not a question of vital imporUince what system shall 

■ a lopted { 

■ t o!ijrrcss shall enact special laws for the public lands of Hawaii," 

'^ ihr Nowlands resolution. Compared with the States and other 

!• ''JiorieN, Hawaii can not boast of an enormous area, public or oth- 

■ ^ -«•. At the sjime time, Hawaii is essentially an agricultural coun- 
' ^. ri-^jM»n^ive to the slightest efforts at enlarging the scope of its 

' iirtiveness, affording opportunities under a proper rdgimeof laws 

• i their administration for diversified industries to the highest 
„"♦*♦•. so that the system under which its public lands are to be dis- 

/ '»«l of will l)e of vast importance in shaping its future. 

Aii'l as the illumined pages in the book of our own glorious national 
'. • .rrivs are unfolded before us, we can clearly perceive as the domi- 

' 'ir keynote in that wonderful expansion the wise and beneficent 

• \ of opening up our immense areas to the ax and the plowshare 

^ Mj«' hunlmndman — a policy that has stood the test of a century of 

>-'4J and that stands as the concentrated wisdom of legislation for a 



94 HAWAIIAN INVESTIGATION. 

settlement of the public land; laws copied from no other nation's sr 
tem, but which were and remain originally and distinctively Americ^i 
Shall, then, the mainspring of our just national expansion becoDfiiu 
merely as by divine ri^ht between the Atlantic and the Pacific, vh* 
those who have participated in its beneiits, who filled the States vj 
their homes, their communities, who by virtue of their proprietor!] 
in the soil have lessened the chances of social and civil disorder a 
who have protected their Government against the assaults of 
enemies, come here to Hawaii and be denied those same privile< 
merely at the instance of the partisans of a centralized and arbitn 
rule? 

No good reason has as yet been assigned to show why the hoi 
stead laws of the United States should not be applied here, in Haw 
without radical change. Such a policy would encourage, perhaps, m 
than anything else the development of a small landholding popi 
tion, without interfering, on the other hand, with the sugar-pknl 
industry upon a large scale, which, because no other industry wai< ] 
mitted to exist, has remained the backlione of the country. WhaU 
lands suitable for the growing of cane were thus disposed of would 
necessarily nor probably be diverted from their natural purpose 
the landowners, if they choose, could make satisfactory contracts ^ 
the mill or plantation owners contiguous to their holdings for 
harvesting and disposition of their crops. 

And as the present svstem of plantation operations has conve 
into a more or less feudal relation, as between the employer and 
employee, one which, in the progressive march of events, can no lo 
be maintained, so would the inauguration of the American svstem 
eventually in the solution of the labor problem and insure a b 
element in the population than now exists as the heritage of twi 
five years of semislavery — this word not being used in its invii 
sense, but merely as a contrast to our own enlightened acceptati 
the relations that should obtain between labor and capital. 

In fact, one is inclined to suggest that the Federal statutes, 
applying not alone advantageously' to the lands still unoccupied, s^ 
be made to cover all the public lands, including the large areas 
under lease to the plantations, as soon as these leases expire, or 
before; in the latter case by affecting an equitable exchange wil 
lessees, conveying over to them the fee of a portion in exchang 
the surrender of the immense tracts now held under lease at r 
lously low rental figures, for ten, twenty years, or more, the 1 
portions of which are permitted to remain untouched and unpi 
tive. Witness the case of the Waiakea Mill Company, of Hilo, 
lease of the land of Waiakea, consisting of nearly 100,000 acres, 
period of seventeen years still to run, at an annual rental of ^2,(h 
annum. The larger portion of the city of Hilo is included i 
title, besides valuable harbor frontage. Under the discrimii 
laws now extant no proposition looking toward a reversion of 
valuable assets has been possi})le, although the lessees were reuc 
willing to effect the same, with the result that Hilo, with its 
natural advantages, its unsurpassed geographical location, lying 
direct pathway of the ocean's commerce, with a harbor deep o 
and capacious enough to float all the navies of the Pacific, Hani 
natural fortresses that would render it impregnable to assault, t 
tributing and receiving port of the whole island of Hawaii, 



HAWAUAK INVESTIGATION. 95 

->^-sing wonderful resources and possibilities of expansion into a 
tropolte of the mid-Pacific, lies inert and congested through artificial 

-trdint* — an Andromeda awaitine the coming of her deliverer. 
1 tie restriction of the homestead laws would further secure a greater 
-rnanence to the small holdings as such, preventing their absoi*ption 
: • larjrer holdings and insuring the permanence of a Caucasian popu- 

it "H and a Caucasian civilization of a high order. It would help pre- 
':t the rapid turning over by collusion or otherwise of large areas 

* ^;♦* finest lands on these islands to plantation promoters or to cor- 
.\tionN which have in the past succeeded and are still looking for 

. •« \^Tj things it being by no means diflScult to evade the l,()00-acre 
V :-e of ownership in the organic act — since section 22U0 of the 

;«.N-d Statutes requires that any person applying for such lands 
' .1 i make affidavit that he does so in good faith, for purposes of 
- i» int* and cultivation, and not that the title may revert, in whole 

" If. i«rt, to any person other than himself or family. 
I U' II, if Congress and the people of the United States desire to 
.K»* of Hawaii an American outpost, held by Americans and not by 

i« iii«-s, it can only do so by encouraging white immigration to these 
; i' *i>. Again would the operation of the Federal land statutes aid in 

' "iriii? about thisdesired result, inasmuch as, for ail public lands, the 

• :mim purchase price is fixed, the greater amount being realized 
} w hen two or more parties apply for the same tract. No such 

• 1^ found in the Hawaiian statute. On the other hand, the lands 

• apprais^ed arbitrarily, under no fixed rule, and on being thrown 
; • Ti to entry it not infrequently happens that anyone but the legiti- 

»'»' applicant is found to be the successful one, his good or ill success 
:- ihiing on his ability to remain in line for a week or more pending 

• time advertised, with Chinese, Japanese, and aliens, ineligible as 
•'J «-unts, but holding down the place for some intending bidder or 
•' ulator after the same lot, all willing to sell out for a consideration. 

I hill the lands on Hawaii, being inconsiderable, should for that rea- 
rt ^H» differently administered, is no forceful contention. Admitting 
if the area is not inexhaustible, then the more speedily it is settled 
"u and made productive the more readily shall we find exemplified 
*:>♦• highest degree the results of labor and skill and perseverance, 

• more readilv shall we have cheap food, the more speedily will the 
.:•"• of labor he regulated at a higher level, the more efficient will 

" tin* advance in industry and commerce, and the final extinction of 

^^^ di*.tinctions, one man l)eingas good as another, and all possessing 

. il right<(. The United States looks for no revenue from the sale 

• t.^ lands, but rather from the improvements. On Hawaii the con- 

• r^*' i-^ true, 

1 hf present lease system so genei-ally applied to the public lands in 
'• towns should be* abolished. The local government has already 
> in the landlord business too long. The system is unjust to the 
' tnt and delays the municipal growth. 

I ^uv i.H inclined to suggest at least the wish that something in the 
i} of Hpecial legislation could be enacted for the native Hawaiians, 
'if as the acquiring and holding of public lands is concerned. As 
■ Hawaiian has happily been admitted to the rights and privileges 
American citizenship coequal and coextensive with thovse enjoyed by 
•:^"lvoH, in spite of the insidious efforts on the part of those who 
-tjbt to prevent or restrict his political emancipation, constitution- 



* • I 



96 Hawaiian iitvisstigation. 

ally such a procedure would of course be inadmissible, but it is to | 
regretted tnat the Hawaiian can not acquire land upon tenm whil 
would make it pmctically inalienable, for it is questionable whet^ 
he could retain it for any length of time otherwise. This is hih d 
fortune, not his fault. The Hawaiian of to-day is but the product o] 
lotus-eating existence that has come down with the centuries. T 
day of settlement is ever relegated to a distant "mahape" or bv-aj 
by, which, when it arrives, finds him unprepared to accept it^ cod 
tions or responsibilities. Happily for him has risen the dawri^o 
new era under the aegis of our own glorious institutions of iibci 
equality, and progress, which he will be quick to perceive and pi 
by. It, then, we can not adopt for his benefit special legislation, 
can at least put into operation o.uf own liberal land laws, with ,tl 
protective features, that have built up our country, have made it p 
erful and prosperous, the asylum and the refuge of the wea^v^ 
oppressed of all nations. Why not then on Hawaii, our baby l^^ 
tory? 

A. B. Lo^lBENSTErN, 



Honolulu, Septemher 2^, 7/>i 

EEPOBT OF THE CHAIBHAN OF THE FIBE CLAIMS COMMI& 
TO THE GOYERirOE OF THE TEEEITOBT OF HAW AH. 

Honolulu, Jvlt/ 29. 1(\ 

Sir: In response to your letter of July 2, 1902, I have the hoi 
submit the following report of the work of the fire claims commi 
as authorized by act 15 of the session laws of 1901: 

Acting under the authority of act 16 of the session laws of 
being ''An act to provide for the ascertainment and payment 
claims which may be made by persons whose property was desi 
by fire in the years A. D. 1899 and 1900, under orders of the bo 
health," the following-named persons, viz, F. W. Macfarla 
chairman; A. N. Kepoikai, J. Gr. Pratt, A. C. Lovekin, and 
Testa, duly nominated bv the governor and confirmed by the 
of the legislature of the I'erritory of Hawaii as conmiissioners 
said act 15, met on the 13th day of May, 1901, for the orgun 
of said fire claims commission. Action at this and subsequent 
ings held during the organization of the commission result/ed 
appointment of oflScers to the commission and adoption of r 
govern the proceedings of same, as follows: 

OFFICERS. 

Clerk, J. Morton Riggs; stenographer, C. F. Reynolds; 
William Tell; Japanese interpreter, James H. Hakuolo (later n 
and succeeded by Chester A. Doyle); Hawaiian interpreter • »T 
Baker (later resigned and succeeded by W. H. Crawford as lIi 
and Chinese interpreter); messenger and janitor, Moses Palau. 



HAWAHAN mTESTIGATION. 97 

BCXES FOR THE GOVERNANCE OF THE FIRE CLAIMS COMMISSION 
APPOINTED UNDER ACT 15 OF THE SESSION LAWS OF 1901. 

I. Tho title of this commission shall be " Fire Claims Commission." 

II. All i'laimi> tiled in this court shall be verified according to law. 

III. Thijj court shall be open for the transaction of business daily 
■f 'tween the hours of ^ o'clock a. m. and 4: o'clock p. m., except when 
■th*»rwL?e ordered by a majority of the commission, which order shall 

• ^^read upon the minutes of the commission. 

l\ . rhe chainnan of this court with a concurrence of a majority of 
•n** atmmLssion present may enter all orders that are necessary, such 
••nipr* to be placed in full upon the minutes of this commission. 

V. All claims and other papers required to be filed in this court 
*r.all U" plainly engrossed or typewritten without ei*asures or interlin- 
»^tit»n> materially defacing them. 

VI. FerM>ns entitled to participate in the recovery of claims filed 
■■••f«>re this c-ourt may, upon petition properl}^ verified, be admitted 
•■ {TtisJHrate such claim as coclaimant. 

\ II. All stipulations between claimants or their representatives and 
::i- nprpsentatives of the government shall be in typewriting, dated, 
; :"|i**rly indo]>ed, and filed with the clerk of this court, who shall 
^'♦•^) an entry of the date of tiling said stipulation in a book provided 

* 'f that purpose. 

VII I. \o claim can be made without proof of a subsisting interest 
f the claimant in the subject-matter of the claim; this proof may, in 

fit- Hrst instance, be the oath of the claimant to his claim, or as other- 
•*iM* provided for in Rule II, but subject to denial and disproof on the 
}Mrt<>f the government or any other party to the claim. 

IX. It shall l>e the duty of the clerk to attend in person all sessions 
■t thi<i commission; to keep a record of all proceedings had before 
tiii> commission; file all papers; keep in his possession all books and 
]u\H'T-i belonging to, or in any wise, as evidence or otherwise, coming 

to th<* possession of this commission; to keep a list of all claim- 
t'.t'*: U> swear witnesses appearing before said commission; to keep a 
-t of the names of all witnesses sworn. 

U >hall also be the dutv of the clerk to be present at the place set 
J»|ttrt for the holding of the sessions of this commission daily between 
*ti' bouTH of 9 o'clock a. m. and 4 o'clock p. m. 

The clerk hhall prepare and keep a book in which shall be kept a full 
*''*i {Kirticular account of each claim, which book shall be open to the 

• *}»n tion of any person interested in each of said claims during busi- 

• • ^^ hr*ars. 

X. It shall be the dutj' of the interpreters to attend and be present 

• \i*n r«H|uired by the commission, ana under the direction of the com- 
':»>" t»ri perform such duties as may be required of them. 

XI. It i^hall l>e the duty of the bailiff of this commission to attend 
' i ^>^ pre>ent at all meetings and sessions of this commission and per- 
*• nii Huch other and necessary duties as the commission may direct. 

XII. It shall be the duty of the stenographer to be present at all 

• •**tingH and seKsions of this commission, and take down in shorthand 
•f. i f*\tend the notes of such proceedings as may be required of him 
«>i«l U} ke<*p a full, true, and correct report of the testimony and pro- 
'^ •lingH of this commission for its use. 

H I— it3— <>3 7 



98 ^-^.WAIIAN INVESTIGATION. 

I 
i 

XIII. The names of all claimants shall be written in full upon 
claims filed before this court. 

XIV. In order to facilitate business claimants are directed to prea 
claims for losses of merchandise, ^oods, wares, and stocks in tni4 
an itemized form, describing the kind and value thereof, upon a sch 
ule to he marked " Exhibit A," and all claims for losses of perso 
belongings, jewelr}^ house furnishings and other chatteLs upoj 
schedule to be marked "Exhibit B," and for all losses appertainmi 
buildings or of building fixtures upon a schedule to be raar 
'^Exhibit C." 

XV. It shall be the duty of the clerk to prepare a daily calendai 
be called at 9.30 a. m., to place on same claims for hearing in the oi 
of their filing, unless otherwise ordered by the commission. 

In accordance with section 3 of act 15, due public notice of 
organization of the commission, and that claims for damages mi^h 
presented and filed for its consideration, was given by publicatioi 
the English and Hawaiian newspapers in Honolulu, island of Oi 
and the other islands of the Territory. 

The four months stipulated for the presentation of claims, in ace 
ance'with section 7 of said act 15, began May 27, 1901, and oi 
September 27, 1901, and during that time a total of 6,748 claims 
filed with the commisvsion, amounting to 1^3,175,132.90, and segre^ 
under the following as to nationality: 



Number 
of claims. 



I. 



Japanese 2. 574 

Chinese i 8, 728 

Hawaiians 278 

Portuguese 19 

Other nationalities 128 

Fire insurance companies 21 



Am 

cla! 



1,7«V 

s: 

27 



Total I 6, 748 



3,17 



On the 31st day of May, 1901, the commission held its first .s< 
for the hearing of evidence in the proving of claims, and f ron 
date until the 2d day of June, 1902 (with the exception of a 
lasting from the 19th day of December, 1901, to the 19th day of ^ 
1902, taken on account of allowing the clerk to catch up with the 
of entering up the claims adjudicated by the commission), the oo 
sion was in session hearing evidence and awarding and signing 
ments on the 6,748 claims presented for its consideration. 

The first sessions of the commission were held in the rooai < 
Honolulu Chamber of Commerce, but upon the adjournment < 
Territorial legislature the former throne room in the executive 
ing became available and was used for the remaining sessions * 
commission. 

Section 9 of act 15 provided that ''each claim should conti 
itemized statement in the English or Hawaiian language of tl 
sustained." In a large number of instances it was found that c 
errors had been made in the compiling of the claims by the elai 
or their attorneys, and, although sworn to as correct, it was soon 
that every claim had to be gone over separately and all iteii 
extensions checked. This procedure involved an immense ainc 
lalx)r and required the employment of additional clerical help t 



HAWAIIAN INVESTIGATION. 



99 



rA for bv the legislature appropriation. Claimants were 

r»^l to produce all available evidence in the proving of their 

[k^ and all books and papers, such as books of account, including 

'sveotories of stock taken when not destroyed, copies of eertiiica 

IT :ii-hocL*« invoices, showing importations of merchandise, etc. , were 

.inded a.< exhibits in evidence. 

n)iiiaussion found that the board of health records of property 

L'-^-dfrom condemned buildings to warehouses under its charge 

i Tviurned from said warehouses to owners after the suppression of 

•• ]»ld^e to be very incomplete and of little real use in the adjudi- 

itint: of claims. Receipts given and taken for such salvage of property 

o^ in almost every instance by the case or package, and tnere was 

s;:illy nothing to indicate what these cases or packages contained. 

lb the other hand, however, the appraisements made by the commit- 

ttv of builders appointed by the board of health to estimate values of 

ti»niemDed builoings destroyed were found of much value and uscf ul- 



£* >-. 



\Iiirh assistance was rendered the commission by the action of the 
j/«ioe.^ and Chinese consulates and committees of merchants of each 

'/ rhe«<e nationalities in collecting and revising the claims of their 
tMiritnTiien before they were filed with the commission. The interest 
of the government was represented during the sessions of the com- 
'?.M^'*ion in the personnel of Attorney-General E. P. Dole, Assistant 
Utomey-General J. J. Dunne, A. E. Douthett, Messrs. Andrews, 
i* t»T^ & Andrade, and Wade Warren Thayer. 

For the convenience of claimants living on the island of Maui who 

t i ^^ustained lasses by the sanitary fires on that island, two of the 
* riimisjiiioners— \iz. Commissioner A. N. Kepoikai and Commissioner 
F. J. Testa — held sessions of the commission at the court-house in 
H'ailuku from October 2 to October 9, 1901, inclusive, to hear evidence 
rv^nted in support of said claims, and during these sessions they 
it-ard evidence on 202 claims of different nationalities. 

Commissioner J. G. Pratt, having been chosen to represent the 

lonolalo Chamber of Commerce and Merchants^ Association m the 

Tiatter of securing the aid of the Federal Government in the payment 

f fire claims, departed for Washington, D. C. , on April 9, 1902, and 

•a> absent from the remaining sessions of the commission. 

The total amount awarded by the commission on the 6,748 claims 
led was the sum of $1,473,173, and was divided among the various 
aimant«< as to nationality as follows: 



ttiLiiAns 

i^ijnie^ 

• r lutifliiAlitScs 

t> uaaarmnoe companies 

Totml 



niiiim. ' Amount 
Clalmii. 1 claimed. 


Amount 
awarded. 


2,574 ■ $689,742.99 

3,728 1,761,112.04 

278 , 342,526.84 

19 i 81,658.47 

128 272,829.76 

21 ' 77,262.80 


$333, 780. :0 

846. 480. <W 

144,242.50 

24,117.45 

125,602.16 




6,748 3.176,132.90 1.473,178.00 



Fire insurance companies that had paid for losses on property insured 
r them and destroyed presented claims aggregating the amount of 
r7,262.80. The commissioners, after listening to extended argument 
T Attorney -General £• P. Dole and counsel for the various insurance 



98 HAWAIIAN INVESTIGATION. 

XIII. The names of all claimants shall be written in full uponj 
claims tiled before this court. 

XIV. In order to facilitate business claimants are directed to pres 
claims for losses of merchandise, goods, wares, and stocks in tnulii 
an itemized form, describing the kind and value thereof, upon aisih 
ule to be marked '' Exhibit A," and all claims for losses of persd 
belongings, jewelry, house furnishings and other chattolh urx« 
schedule to be marked ''Exhibit B," and for all losses appertaininj 
buildings or of building fixtures upon a schedule to be niai 
"Exhibit C." 

XV. It shallbe the duty of the clerk to prepare a daily calenda 
be called at 9.30 a. m. , to place on same claims for hearing in the oi 
of their filing, unless otherwise ordered by the commission. 

In accordance with section 3 of act 15, due public notice of 
organization of the commission, and that claims for damages mitrl 
presented and filed for its consideration^ was given by publicatuj 
the English and Hawaiian newspapers m Honolulu, island of 
and the other islands of the Territory. 

The four months stipulated for the presentation of claims, in m 
ancCwith section 7 of said act 15, oegan May 27, 1901, and c 
September 27, 1901, and during that time a total of 6,748 claims 
filed with the commission, amounting to If3,175,132.90, and segre} 
under the following as to nationality: 



I Number 
of claim N. 

JapaneHe 2, f»74 

(Uiinefle 3, TJh 

Huwaiions 27s 

PortujfucBe 19 

Other nationalities 12M 

Fire insurance companies 21 



An 

r'bt 



$63 
1,76 

21 



Total ' 6,748 3.1* 



On the 31st day of May, 1901, the commission held its first s 
for the hearing of evidence in the proving of claims, and f ror 
date until the 2d day of tlune, 1902 (with the exception of a 
lasting from the 19th day of December, 1901, to the 19th daj of ^ 
1902, taken on account of allowing the clerk to catch up with th( 
of entering up the claims adjudicated by the commission), the oo 
sion was in session hearing evidence and awarding and signing 
ments on the 6,748 claims presented for its consideration. 

The first sessions of the commission were held in the room 
Honolulu Chamber of Commerce, but upon the adjournment 
Territorial legislature the former throne room in the executive 
ing became available and was used for the remaining sessions 
commission. 

Se<*tion 9 of act 15 provided that ''each claim should cont 
itemized statement in the English or Hawaiian language of tl 
sustained." In a large number of instances it was found that c 
errors had been made in the compiling of the claims by the clai 
or their attorneys, and, although sworn to as correct, it was soon 
that every claim had to be gone over sepamtely and all iten 
extensions checked. This procedure involved an immense amc 
labor and required the employment of additional clerical help t 



HAWAIIAN INVESTIGATION. 99 

x)Tided for bv the legislature appropriation. Claimants were 
tjuinni to produce all available eviaence in the proving of their 
iini>. and all books and papers, such as books of account, including 
-t inventories of stock taKen when not destroyed, copies of certified 
>tom-homse invoices, showing importations of merchandise, etc. , were 
*manded as exhibits in evidence. 

The commission found that the board of health records of property 
/^oved from condemned buildings to warehouses under its charge 
n<i returned from said warehouses to owners after the suppression of 
tw ]>la^e to be very incomplete and of little real use in the adjudi- 
atint: of claims. Receipts given and taken for such salvage of property 
u^n* in almost everv instance by the case or package, and toere was 
i-u:iily nothing to indicate what these cases or packages contained. 
)n th^ other hand, however, the appraisements made by the commit- 
>v of builders appointed by the board of health to estimate values of 
ofid^mned builoings destroyed were found of much value and useful- 

Much assistance was rendered the commission by the action of the 
l:i\>ane«se and Chinese consulates and committees of merchants of each 
>f the.^ nationalities in collecting and revising the claims of their 
^>untrymen before they were filed with the commission. The interest 
i»f the government was represented during the sessions of the com- 
rni-^-iou in the personnel of Attorney-General E. P. Dole, Assistant 
Auoroev-General J. J. Dunne, A. E. Douthett, Messrs. Andrews, 
P.tcrs A Andrade., and Wade Warren Thayer. 

For the convenience of claimants living on the island of Maui who 
ha«i ^u^tained losses by the sanitary fires on that island, two of the 
iMTimissioners — viz. Commissioner A. N. Eepoikai and Commissioner 
F. .1. Te&ta — held sessions of the commission at the court-house in 
Waihiku from October 2 to October 9, 1901, inclusive, to hear evidence 
pTf'^nted in support of said claims, and during these sessions they 
htmrd evidence on 202 claims of different nationalities. 

(.ommissioner J. G. Pratt, having been chosen to represent the 
IIoQolalu Chamber of Commerce and Merchants^ Association m the 
natter of securing the aid of the Federal Government in the payment 
of fire claims, departed for Washington, D. C. , on April 9, 1902, and 
wa> absent from the remaining sessions of the commission. 

The total amount awarded r)y the commission on the 6,748 claims 
died was the sum of $1,473,173, and was divided among the various 
olaimant^ as to nationalitv as follows: 



Jil^tnt^. 



&V\&Q« 

f " JjTTKW 

"roationAlUin 

hr>- lUMuuce companJes 



ToUl. 



Amount 



Clalmi!. , claimed. awarded 



Amount 



2,574 1639,742.99 

3,728 1,761, 112. W 

278 , 342,526.84 

19 , 81.668.47 

128 , 272,829.76 

21 ' 77,262.80 



6,748 , 3,176,132.90 



9333,730. 10 

M5.480.80 

144,242.50 

24,117.45 

125,602.15 



1,478,178.00 



Fire insurance companies that had paid for losses on property insured 
I'v them and destroyed presented claims aggregating the amount of 
^M,262.80. The commissioners, after listening to extended argument 
by Attorney-General £• P. Dole and counsel for the various insurance 



100 HAWAIIAN INVESTIGATION. 

companies in interest as to the standing of such claims before thet 
ruled that the act under which they worked and had jurisdiction d 
not conaprehend the paj^ment of indemnity to insurance compani^ 
they having assumed liability under their policy contracts, and w 
could not in any event be classed as '' persons whose property h 
been destroyed," and also, their interest being of a "speculati 
nature," was a condition specifically disallowed under section 7 of 1 
act. Where subrogation nad been given by claimants to insui-ai 
companies for amounts paid b}^ them under their policies, such su>i 
gation was recognized by the commissioners as a lien upon awn 
made to such claimants subrogating and judgments rendered in acc< 
ance therewith. 

Under section 16 of the act the legislature appronriated the sun 
$17,400 to pay the expenses of the commission, diviaing it into spe 
items, such as for the pay of commissioners, counsel for Territ^ 
clerk, stenographer, interpreters, bailiff, incidentals, and Govoriiu 
witnesses. This appropriation allowed the life of the commissi* i 
extend for a period of six months under the pro rata made of the uu 
appropriatea. The commissioners early found that to give a pr 
hearing and consideration to the multitude of claims filed and to |j 
erly check the items enumerated and properly weigh the cvici 
produced before them would require much more time than that 
templated by the legislature at the time of passing the act. 

After a six months' session of the commission, or thereabouts, a| 
priations under several of the headings became exhausted. A si 
of some $2,418 had been effected under two of the items, viz, Gro 
ment witnesses and interpreters, but under a ruling of the atto 
general this amount was not available to the commission to d 
expenses other than those specified under their immediate head in 

The commission, then having largely completed its work, was 
out funds to finish it. If the work was to stop, all that had beer 
would be largely a loss, and another appropriation could not be se 
until the next session of the legislature. W ith funds in hand the 
could be completed in a comparatively short time and at small ex] 
Under these conditions, after consulting with the governor of t\v 
ritory, the commissioners felt justified in placing the matter 1 
the merchants of Honolulu for financial assistance in the prei 

This resulted in the advance by 16 of the principal business tii 
Honolulu to the commission of the sum of $4,000, which amou 
commission then deemed sufficient to complete its work, the pa 
of which, together with interest at the rate of 6 per cent per ai 
the governor promised to ask an appropriation for from th< 
legislature. 

Subsequently it was found that this sum of $4,000 advanced 
merchants was not suflScient to complete the work. When this li 
evident the commission decided to charge a fee to each clainiii 
ceitificates of award issued to them, and the fees so charged woi 
rated so as to amount in the aggregate to the sum of $5,0(.>0, 
suflScient to repay to the merchants the $4,000 advanced by tt 
havmg been decided by the commissioners, upon further considc 
of the matter, to return to them their loan in this way rather than 
to the legislature for a further appropriation) and to defray the r< 
mg expenses of the commission. 



HAWAUAN INVESTIGATION. 101 

Tlit» following is tho schedule of fees charged: 

" ' ^< -ittfi of award : Eaeh. 

^*'' > ami under. fO.25 

7- <«)and under 50 

>*>•»> and under 1. 00 

o%er?oOO 4.00 

Nofees other than the above were required from claimants by the 
''ii!iii>*iion in the consideration of their claims. 
1 lit* financial rejxjrt, covering the amount appropriated by the leg- 
- -at are, Ls as follows: 

I . .;/ >ipprftpriiUed tty tlw Ugidature of the TerrUory of Hawaii, session of 1901^ to 
dtfmy th^ f of lowing expenses of the fire claims commission, 

1 '. ".-T i-*.ionerp, at $10 per diem while in session $9, 000. 00 

:.-» ; for Territory, at $250 f)er month 1, 500. 00 

' ' rk of t-ommiRpion, at $150 per month 900.00 

-> ; vra^iher, at $125 per month 750. 00 

. -n rvtere, at $10 per diem 1, 800. 00 

' tf. at $75 per month 450.00 

.' i-ntals 1,000.00 

' ' /. cmment witnesses 2, 000. 00 

17, 400. 00 

A:i. ' i ! . t of appropriation expended : 

I'iiv « »f commissioner 9, 000. 00 

' Couui^el for Territory 1,500.00 

Clerk of commission 900.00 

SienoCTapher 750. 00 

Bailiff 450.00 

Interpreters 1,280.00 

•.•i»'ntals at) below, viz: 

Ktiit chamber of commerce $125. 00 

^ ►thtv rappliee. $51 . 13 

Janitor 231.00 

282. 13 

A.lvtTti^inj? 229.00 

y ommissioner to Wailaku 30. 00 

259.00 

Blank? and stationery 245. 25 

a«.bi 62.90 

Typewriting 25. 72 

88. 62 

1,000.00 

?iy . 'f ( K>vemment witnesses 102.00 

Balance unexpended 2, 418. 00 

17, 400. 00 

N : available in appropriation: 

For pay of interpreters 520.00 

For jiay of (lovernment witnesses 1, 898. 00 

Total not available 2, 418. 00 

The following financial report, covering the amount advanced by the 
^'UMness fimi.s referred to in this report and the amount collected for 
'•♦•H for certificates of awards, as well as the disbursements, can not be 
<.lo>od at Uiis time, ow^ing to the following communication having been 



102 HAWAIIAN INVESTIGATION. 

received from the law firm of Magoon & Peters, to institute an act\ 
to test the legality of charges made by the commission for the ishui 
of certificates of awards: 

[Copy of letter from Maroon & Petera.] 

Honolulu, Hawaii, July 81 ^ iyo\ 
Fred W. Macfarlane, Esq., 

Trecumrer F^re Claims CommisaUmy Territory of Hawaii. 

Dear Sir: We beg hereby to inform you that we shall this day on behalf of Rel« 
Panee, a minor, institute an action to test the legality of chaiiges made by the w 
mission upon the issuing of awards. We regret very much to be forced to t^t 
matter, but the interests of our client demand the same. 

Respectfully, yours, Magoon A Petei 

Financial report. 

Amount advanced b^ 16 merchants of Honolulu toward defraying the 
expenses of fire claims commission in completing their work |4,0( 

Amount due fire claims commission from claimants on account 
of fees for certificat*?s of awards $5, 116. 00 

Less fees on certificates not called for 38. 75 

5,0' 



9,0 



Above amount expended as follows: 
Pay of — 

Commissioners $S 

Stenographer 4 

Bailiff 1 

Janitor 

Clerk l,i 

Extra clerk 1 J 

Books $221.60 

Printing blanks 50. 00 



Stationery and office supplies 

Advertising 

Balance 4, 



9. 

The balance, $4,386.35, is deposited in the Bank of Hawaii, Lii] 
of this city, pending the result of the test suit referred to above, 
of this balance it is proposed to reimburse the merchants for 
advances, say $4,000 and interest, and to pay the remainder iiit 
Territorial treasury. 
Respectfully submitted. 

F. W. Macfarlane, 
Chairman Fire Clai7n8 Comm i^tti 



FIBE CLAIMS— HATCH ft SILLIMAK. 



Honolulu, September 12^ IL 

To the ho7iorahU suheommittee of a com/inittee of the United , 
Congress on the Pacific M<inds and Porto Rico. 

Gentlemen: In Oi'der to put the matter in definite form for 
consideration, we beg to call your attention to the following fact 
regard to certain deductions made by the commission appoint 
the governor to make fire claim awards. 



HAWAIIAN IKTESTIGATIOX. 103 

Tlio ait establishing the cominLssioii provides that it shall — 



.- ^:. : !n\v?Tiirai4P all claim? for •ian^atzie^ which iiiav ^je r-rv-^atc^i V»v r^ersrij? why 

". jv^i a ki* ol proj^erty by it* de*imction under <«ri»-r? ! tr,e N <iri .:' TLv^.zh. .--r 

••*-:nt'noe of orders by said b<iar»l. in connecti-'-n witr. xhr- ^rzy: r^r^y n '~ : th^ 

:/. J iJLsue in the Territory- of Uawmii, or bv ihtr ^I.^eftrilIl^ -i iLr ^.vuifciTmriic 

.I^iATT 20, 1900. 



i ^f 



aot furthermore provides that the record of judgment shall 



■w — 



.vi: 



. N":v':.^ of clamant, or, where an aadgnment of ih^r cliim has **e*i =-ki-r. izje 
. - : uie aa^ignee. 

A: i >ection 8 — 

.1 -u* shall be filed in duplicate by the claiinants "r iheir as^zDee? azri =£^1 
--L-i by their oath, respectively. ♦ ♦ ♦ 

1 .- Firenian's Fund Insuran*-e Company and the Liverpi»L L,~cd«.»n 

\\ (ii>^»e Insurance Company^ and perhaps other c».»iL.pci:,:- -i * -iag^ 

> in the Territory of Hawaii, adjusted their l^-^js^-^^s o^j.-ed hy 

N«ard of health fires iiumediately thereafter, and. with on<r e\'>?p- 

mceminor which there were special circiunstanc-es. paid t:.^ 'vinje 

•ir from the assured an a^sicrnment of anv claim that b*^ i:.i^'Lt 

. •' dtrainst the government or that might be given by virtue •-•f aty 

■n which the legislature might take locking toward the paym^iit 

r the claims, to the extent of the amount paid. This a^-:gnment 

•.- pre^nted by the companies in connect i<.»n with a petitiMn to he 

:..itted as coclaimants with the several claimants at the time that 

: •' >#.*verftl claimants filed their respective claims. Upon the hearing 

f iht*^ claims the commissioners requested that the in-uran«-e cc»rripa- 

! - present separate claims under their av*!gnmen Is. which wa-* a«>-ori- 

: z\\ done. Thereafter awards were made bv the comnLi«^*ion ani the 

. ■ ^'.t of the in.>urance paid was deducted from the claiciant"s claim- 

.: L'^twithstanding such deduction a notation in s-ub^rtantially the fol- 

» r.vT words was made on the award: 

T: .- ' Uinuuit havinsr ?nhr»^ted to [^then f/.low^ iL^enazne of the ir-Frrran-ji? •>'3- 
. aji'i the pfdiiry number, t<.«cether with the ai*.*^»unt *,< iT.snimn*'e\ ic^l^ Awxri ■« 
- .t' -':oject to the atc»ve aiibr»«gaLi«>n- 

Nii award was made to the insurance companies. The following 
. ijnient wa< entered upon each of their re-pective claims: 

\ luiT^l maile nndera<-t 15 of Hea!ii«'vn law? of 1^»I- Aw^ri c-^le ti- cLsJ^. y'>. 
"•': w'W<«the namh«-r **{ the claim of the original cji:':JiT.z ir^zii w:^.n the 
.:. ::.: trf in^faruM'e wa« dedceted] 5ol»ject to $Gbnji:ati< >n. 

In other words, the commas ion arhitrarilv de»Jucte«i from the 

iiiiiaot the amount of insurance and di-allowed the >epar^te claims 
'•! ih^ insurance companies, stating, however, upon the award- of the 

•r i:iral claimants that the awards made to them were su*iject io sub- 
: nai»n of the insurance companies. 

Tb^Tv i> n<'»thing in the act authorizing a d^-duction of insurance, hut 
^'J•:lct ^eem-i to have expressly contemplate! that in-uranr.-e ^holIld be 

r.fliKied in the award, for the act contains the f-ji lowing in section H: 

i'l la^e of in.-anmce, the amoant for whirh the pn>i«erty '•ar Lr.'^jrvi. the r:aiiie of 
■'• li-urer, an*l how much insaiance wag raid there^^n .-r.a*. '♦- ?:;a:»-iL 

I'n' act provides that no appeal ma^' be taken fn-m the judgment of 
' • -Mjard. and in liehalf of claimants repre>ent»'vi by us we re-^pect- 
:Ja' nx^ae&t that a provision be added to the bill appropriating money 



104 HAWAIIAN INVESTIGATION. 

for the payment of fire-claim awards, making the same conditic^ 
upon no discrimination being shown against any particular diH 
claimants. 

Yours, very truly, Hotch & Siluman, 

Counsel for Various Claimnui\ 



Executive Chamber, Territory of Hawau, 

Honolulu^ September 10, IM 
The Hon. John H. Mitchell, 

Cimlrman Svhcoinmittee of the Senate Committee 

on Pacific Islands^ etc. , Honohdu^, Hawaii 

Sir: I inclose a copv of a jmrt of the annual report of the sup 
tendent of public works relating to light-houses, dredging, buoys, 
other harbor improvements. 

Very respectfully, Sanford B. Doi 



EXTRACT from THE REPORT OF THE SUPERINTENDENT OF PT 

WORKS. 

I respectfully desire, in concluding my report, to direct attenti 
subjects, allied in nature, which are of great importance to the w^ 
of the Territory, viz, the consideration of the expense in maintoi 
of the necessary light-houses and buoys throughout the Territor 
the dredging of the channel and harbor of Honolulu. 

The coasts of the Territory are, considering their extent, at pi 
fairly well lighted, but there are many places where lights ai 
required. Additions to these lights have been made from ti 
time as funds were available. Besides the coastal lights there ar 
bor lights at various ports for the guidance of vessels thereto, 
expense of erection and construction is an item of the past, pj 
the Hawaiian government, and the present maintenance of su] 
and the keepers therefor, is still borne by the Territory, as alj 
expenses connected with the building and placing of buoys ai 
very heavy item connected with the dredging of the channel ent 
necessarily kept clear to a depth of 30 feet below low-water mar 

It is a fact tnat these items of expense are a very heavy drain 
the revenues of the Territory and, when it is considered that th 
cial vessels of the United States, either naval, troop ship, or scii^ 
enjoy to the fullest extent the advantages of lights, buoys, and 1: 
facilities, it is respectfully presented that, as this is the only Tor 
of the United States burdened with such particular expenses, an 
cation may be properly presented to the United States Goveri 
for aid and assistance in maintaining the light-houses now constri 
the buoys now placed, and the cost of construction and keep of a 
ones of either and, last but not least, the heavy dredging expen? 

One of the great existent needs to the advancement of the int 
of the Territory, although which may be regarded as of special I 
to the city of Hilo, yet, however, would be most thoroughly ad 
geous toward the further development of the commercial opporti 
of the Territoiy , is the building of a breakwater at the entrance t< 



HAWAIIAN rrrVESTIOATIOlf. 105 

[arbor. This is a long-felt want, but the absorption of revennes by 
h' Tnited States Government which were formerly at the disposal 
f the government of Hawaii precludes all possibility of the desired 
uprovement being made by this government without the much- 
-irHi aid of the L nited States. 

1 therefore respectfully present that the following items and amounts 
»• offered by the government of the Territory of Hawaii for the con- 
j.i^ration of the proper department of the United States Government, 
nd with an official request that the aid and assistance desired be 
granted and for the purposes stated. Following is a statement of the 
tem> and the estimated amounts: 

'x'.rr.-^ of widening channel and dredging channel entrance and harbor 

7 ;iaepthof 30feet, low water $250,000 

7'!:^ item is in accord with United States War Department estimate. ) 

y'A.:.Trnance of baovs 6, 000 

V-A N'lvv? r 4,000 

^!a. • vniice of light-hooves 14, 000 

•r <mction and repairs to light-hooses 32, 000 

Ihl'' hA item ix>ntemplates the erection of new Hght-hooses at Hono- 
.nji, Makapan Point, Barbers Point, island of Oahu, Keidiole, North 
K<>na, Leleiwi, Hilo, Hawaii.) 

• v-Tuctioo of breakwater at Hilo 750,000 

M^i: tt nance, per year 20, 000 

Total 1.076,000 



LEPEOST. 

Fmm ^Teniar*<« annual report to the Secretary of the Interior for year ending June 30. 1902.] 

The policy of segregation of lepers was adopted by the enactment 
of •'pet'uil statutes, with this object in view, in 1865. The leper settle- 
lut^nt on the island of Molokai was established in the year 1866, during 
which year 141 patients were sent there. 

The policy of segregation was loosely carried out for a number of 
\»^r!^ after the establishment of the settlement. During the first 
^veo years the natients admitted averaged 114 per annum, and the 
bir^t number aamitted in any one year was 183. In 1875 a stricter 
r-nfort'ement of the law was carried out, and 487 patients were sent to 
tiif ^'ttlement. Thereafter, until 1887, the law of segregation was 
••nlv partially enforced, and the number of admissions during those 
\«-ars averaged 141 per annum, and the largest number admitted in 
any one vear was 301. 

Since 18^7 the law has been vigilantly carried out. The number of 
avimi<-ions in 18b8 was 579; in 18S9, 308, and in 1890, 202, and from 
that year to the present time the admissions have decreased in number, 
ttjough not regularly, from year to year; but taking the twelve years 
*'«'jrinning with 1S9<} and ending with 11>01, in sections of three years 
'urh. we find the number of admissions to be as follows: 

^•*Mol892, mclasive 454 

^ ' • to 1896, inclusive -440 

^ *^ to 1 898. inclusive 350 

i " ^ to 1 901 . i ncl uai ve 254 

From these figures it would appear that with strict segregation the 
(ii*<dise has steadily diminished, while, without strict segregation, it 
'hows a tendency to spread. 



106 



HAWAIIAN INVESTIGATION. 



The following table gives the average number of patients at che 
tlement for three periods of ten years each, with the average death 
for the same periods: 



ATenge » ^erMe 



I 



1K71 to 1880, inclusive. 
1881 to 1890, incliwlve. 
1891 tol900,inclii«ive. 



648 
823.6 
1,096 



13.>. 
144 
134 



:1 



1 

These figures show a marked decrease of the death rate for thi 
decade, which is undoubtedly largely due to a general improvemj 
conditions at the settlement pertainmg to the comforts of life an^ 
of the sick. 

The number of patients at the settlement at the end of 1901 wa 
and on the 30th day of June, 1902, 916. 

During the year ending June 30, 1902, 132 persons have 
examined, of which number 83 were found to have the diseai 
were suspicious cases, and 17 were discharged. 

The following tables give their nationality, sex, and age. 

Nationalities: 

Hawaiians 

Part Hawaiians 

Chinei« 

Japanese 

Portuguese 

Spanish 

Porto Ricans 

South Sea L^landers 



Total 



Sex: 



Males... 
Females 



Aj^es: 



Under 10 years 
10 to 20 vears . 
20 to 30 years . 
30 to 40 years . 
40 to 50 years . 
50 to 60 years . 
60 to 70 years . 
Over 70 years . 



Sanford B. I 



TERRrroRY OP Hawaii, 
Office of the Government Sukvey 
Bonolulv, T. //., September ^^, 

Sirs: With a view of furnishing infofmation to all person 
ested in land matters and surveying in Hawaii, and to the no. 
to the Territory who would understand the country and its 




HAWAIIAK INVESTIGATION. 107 

, there were added to the annual report of the surveyer of the 

the 

matters 

assistant. 

writes with a knowledge derived from practically lifelong ana 

Tiuite acquaintance with all Hawaiian land matters, upon which he 

ri*i*ognized authority. Brief extracts from these papers and other 

rmation to give your honorable committee an idea of the work of 

viepartment follow: 

Iho Hawaii Territory survey, formerly known as the Hawaiian 
•\ trnnient survey, was primarily and is still mainly a cadastral sur- 
\\ Its initial object was to locate on general maps all titles that 
i previously to its inception been- issu^ by the Government, and 

r» hy account for all the land in the then Kingdom, and enable the 

\ •niuient to act intelligently in any disposal it might make of the 
vIihIit; also to siu"vey in detail all Government boundaries and 

::m<ls subdivided for sale or lease by the Government, and to assist 
-^•'ttlingtraditional but unsurveyed boundaries of lands, bothGovem- 

ni and private. The especial need of such a survey was very much 
•united by the fact that all the magnetic surveys by which title was 
\ ♦Ml were simply detached, independent surveys unconnected with 

y iT^^neral s^-stem or common reference points. 

I :k' authority for it was derived from the law which directed the 
.'^tcrof interior to make all nece&sary surveys of government lands, 
1 1 from the appropriations which have from time to time been made 
y the legislature. 

A-i a matter of wise public policy there has been added to the work 
f tht' sur\*ey that of making all maps needed for public purposes; also 
Lvil of making exact measurements and records needed for public use. 

:i'* «»xperience of the country has abundantly justified this policy. Of 
u ii exat't measurement work maybe mentioned tide observations, 

:i!r observations for local standard and Greenwich mean time, mete- 

: »lotpcal, magnetic, topographic, and hydrographic work. 
.Va. is necessary in all refiable general surveys, the work is based on 
t tr^neral triangulation, which serves as a foundation for all kinds of 
«.irv*'y?< which are or may yet be needed, including hydrographic, topo- 
LT'-^iphical, and geological. This triangulation was made in thorough 
I' « ordance with the methods and principles of the United States Coast 
.•id (leodetic Sur\'ey. 

I'he system of land division in the islands is complicated, and from 
tli»' nature of the codntry irregular, but it has been scientifically dealt 

vith, and any attempt to revolutionize the survey system would be 
•i'si>trous. The triangulation points serve the same purpose to the 

I'M -at ion of lands that the meriaians and parallels do on the United 

Mates land system. 
A.H the land was originally minutely subdivided by the Hawaiians 

tii»n]Nelves, and as the ownership was continued when government 

tith's were given, a great many maps have been needed, considering 

tr.f >ize of the country. 
Civilization came to these islands to find an already existing land 

-\^tem, such as it was. What might be called *'no man^s land' did 

uat oxist here, and the peculiarlv American term ''taking up" land 

iiH-^ practically no place here. The land was ''taken up" prooably a 

thousand years or more ago. 



108 HAWAIIAN INVESTIGATION. 

The ' ' ahupuaa " may be regarded as the primary division of HawaJ 
land. Its typical form was a strip at right angles to the shore. M 
its fishery ana sea beach, its cultivable land, and higher up its fori 
all with definite boundaries and each with its specific name. A v\ 
held it, not owned it, for he owed allegiance to a higher chief or 
sovereign. He himself in turn had tenants beneath him, occup; 
with more or less permanence, owing him military service in tiiin 
war and agricultural service in time of peace. 

The sovereign therefore "owned" all; he dared not dispossen 

werful tenants for fear of rebellion; but no one could give su 
ee-simple title as civilization demanded. 

A general division took place in 1846-1849 under Kamehameha 
The methods will not be given here, but the results wei-e as foil 

1. The King owned certain reserved lands, treated at first &s pr 
roperty — afterwards, in 1864, by act of legislature — signed, of co 
y the then reigning King, heir of Kamehameha III, made inalioi 

public property known as " Crown lands," whose revenue should 
thereafter go to the reigning sovereign's emolument. 

2. The chiefs owned in fee simple the better portion of the 
formerly held by them in fief, excepting, however, the kulean 
be mentioned below. 

3. Lands that were set aside to be "government lands," n 
such as were given up by the chiefs in order to acquire the con 
title to those specifiea in No. 2. 



E 



"kuleanas." 



4. Kuleana is a Hawaiian word originally signifying an intei 
either property or business enterprise schemes. It came in th 
of the land commission to be applied universally to the fee-j 
holdings awarded to the common people; that is, in all the 
classes of lands above mentioned the subtenants were allowed 
simple such separate small tracts within the limits of the ahup 
they had previously improved or lived upon. There were alK)ut 
of these titles, many or them covering two or more separate lot 

5. After the lands mentioned in No. 3 above were set aside, p< 
of them were sold to individuals at what was really a nominal 
generally to native inhabitants of the lands or to foreigners w 
already made their home in the country. These were covei 
royal patents which are now called gmnts. At the inception 
government survey there were about 3,000 of these. 

A rough estimate would give about 2,000 ahupuaas in the i 
Many of these have subdivisions termed ''ilis." The ''ili" oft 
a different owner from that of the ahupuaa in which it was situj 

We have therefore crown lands, chief's lands, government 
kuleanas, and grants. The initials L. C. A., land commission i 
applv to all lands, kuleanas or ahupuaas, or ills, which were ai 
by the land commission between 1848 and 1855. These are th< 
features of the land system, many details of which are omittt 
for lack of space. 

Now as to boundaries: The kuleanas were awarded and the 
were all made by surveyed descriptions incorporated in tin 
given. These surveys were all magnetic surveys, and were ma< 
on its own basis, giving generally the names of adjacent owner 



HAWAIIAN INVESTIGATION. 109 

: :i.vnt ahupuaas and ills. Practically there were absolutely no gen- 
!ul >uneys, although there were a few sections where the kuleanas 
-re i)latted toorether in their relations to each other. 

Fit the j«ke of getting a speedy issue of titles, it was neccessary to 
..kr the surveys as cheapU^ as possible. Men of intelligence and 
.i|ni«*ity, able to measure around a lot with compass and chain, were 
{!.]*loy(Kl to survey the kuleanas at two or three dollars a claim; also 
So or three professional surveyors. There were no workmen com- 
*t.'i!t to make general surveys nor means to pay such workmen. The 

auiaries of the ahupuaas were often very crooked and irregular, in 

.MN ('a>es gulches- 

N'ljie of the chiefs had their lands sur\'eyed and received awards by 

.'v»y, but the majority of the ahupuaas were awarded simply by 

iijif. with the understanding that ancient boundaries should be pre- 
- ^\ '.i. Some were surveved after award. 

Ttu' I'onsequence of all this was that about 1868-1870, when there 

A:i-a demand for additional grants of public land, the government 

Au^ {Kindyzed by an almost sibsolute ignorance of the location and 

ii!:i>unt of what was left available. The lack of maps was also appar- 

lit in other directions. 

The survey was begun in 1871, under Prof. W. D. Alexander as 
urve\ or-general, Ferdinand W. Hutchison being minister of the inte- 
linr. under Kamehameha V. The number of skilled employees has 
i-Ai\e<\ from three to a dozen. It has been necessary for a portion of 
I ':.-!!» to understand the Hawaiian language, partly for the sake of 
i;ri i.'i>tanding the land commission records, most of the surveys and 
.\\:ir»l> being in Hawaiian, and partly for communicating with Hawa- 
' iriN who consult the office. The survey has been a general informa- 

* 'H office for the public on all matters connected with lands; also for 
X • ntkts, naval officers, and others from abroad. In the development 
' : tbe country it has fulfilled an important part. 

The courts of law and the legal fraternity make constant use of the 
':'ii\y^ and records of the survey. The poorest citizen can come and 
"!. I. free of cost, the probable location or the existence or the nonexist- 

• r .r of such titles as he may be concerned in. The peculiar conditions 
\ the country have made such matters peculiarly dependent upon 

!! :tl«, largely from absence, in a large proportion of cases, of boundary 

All the surveving connected with the development of a city like 
lulu, inclucfing leveling and grading, has been done by this office. 
I'r' lirainary surveys of most of tne,hai*bor8 have been made. Many 
•f the>e were published by the United States Hydrographic OflSce. 

The unit of measurement adopted is the foot, as being adapted to 
. Mk needs, and the standard of direction the true meridian. As the 

1 >un'ey8 were in chains, and the bearings simply local magnetic in 
ununtry where local atti*action was prevailing everywhere, the work 

f nduction has been great, though cheerfully undertaken. 

As there are over 2,000 maps on file in the office, and all the docu- 
"•ntan* matter connected with them, it will be seen that the office is one 

f irreat importance to the Territory. Where an office has been carried 

n in the manner indicated, it becomes almost impossible to divide its 
>' nrds among new organizations, and a policy of copying would seem 
'".tier than that of absolute removal of any records. 

In the matter of ownership of lands the bureau has confined itself 



:{ 'iio 



110 HAWAIIAIf INVESTIGATION. 

mainly to original titles — i. e. , to the location and identification of land 
commission awards and government grants. No attempt has [nt: 
made to keep track of transfers and divisions of private lands, exmi 
to procure and place on file copies of city tracts placed on the mark 
by real-estate dealers. 

The triangulation of the group is practicallj^ completed and th(M: 
retically handed over to the United States Coast and Geodetic Surve\ 
But it should be far more perfect in many respects, especially av t 
records and monuments. Tne Territorial survey needs all thcvse for i 
own purposes. 

The general maps need more complete compiling and very mat 
need renewal, owing to so much consultation. 

The boundaries of government lands need detailed delimiting mi 
veys and descriptions. There are many of these which, while la 
down on the maps from such data as are at hand, still are not d(i 
nitely marked on the ground, and are not accurately describi^d 
bearings and distances of the lines. 

The plan of the Government survey has been to cover the eouul 
with a network of carefully selected triangles, measured with \m 
sion, and to mark same in such a substantial manner as to ho i 
framework and 'reference points for all surveys of importance t 
have been made to ascertain and determine the landed property in 
Territory. The true bearings and distances of these points fromei 
other are recorded and on file and may be had on application. 

It furnishes accurate data for determining the magnetic declinat 
and the rate of its change from year to year. This has been v 
important to all surveyors who have had the difficult task of runr 
out or reestablishing the bounds of old magnetic surveys. 

It has also furnished longitudes and latitudes of many points al 
the seacoast for harbor work, etc. 

Respectfully submitted. 

Walter E. Wall, 

Hon. John H. Mitchell, 

Chairman Subcommittee of the Senate Committee on 

Paciiie Islands and Porto Jii( 



STATEMZITT OF JOHN A. CUMMIirS. 

To the honorable the Subcommittee of the Committee on Pacific Z4 
and Porto Pico^ of the United States Seriate, Honolulu, j/awal 

Gentlemen: I, the undersigned, John A. Cummins, of Hono 
Hawaii, respectfull}' represent unto your honorable committ< 
follows: 

I am a native Hawaiian, and was born in the city of Honolu 
the ^'^ear 1834, and am now 68 years of age. My father wa 
Englishman bv birth, but resident in Massacnusetts for many y 
who came to ttese islands in the year 1828, and continued to live 
until his death, in the year 1887. I have always lived in Ha 
with a home in Honolulu, and another, until recently, at Waima 
on this island of Oahu. I was, until within a few yeare past 
owner of the controlling interest in the plantation at that point 
known as Waimanalo plantation. 



HAWAIIAK INVESTIGATION. Ill 

Through mj mother (a full blooded Hawaiian woman, and herself 
ihiefess of rank), I am of the blood of the ancient Aliis or chiefs of 
t" Kingdom; and it has been my privilege to sustain relations of 
irdial and intimate acquaintance and friendship with all the Hawaiian 
veivigns, from Kamehameha IH to Liliuokalani, inclusive. I was 
J elective member of the legislature by which two sovereigns, viz, 
iinalilo and Kalakaua, were successively elected to the throne. Later, 
kr many rears prior to the adoption of the constitution of 1887, 1 was 
member of the house of nobles, and also of the King's privy council 
f ^tate. each by appointment of His Majesty Kalakaua. 

Tnder the constitution of 1887, viz, in the year 1890, I was elected 
> the legislature as a noble for the island of Oahu, which office I 
rid. disAarging its duties, until June 17, 1890, on which date I re- 
isrned in order to accept the position of premier and minister of 

nitrn affairs in the last cabinet appointed by His Majesty 
laiakaua. 

A" ^uch member of his cabinet 1 continued in office during the balance 
f Kaiakaoa's life. Upon the death of that sovereign, in January, 
s'l, his successor chose a new cabinet, of which I was not a member. 
^ler, at the general elections held in February, 1892, I was again 
ItHied a Doble from the island of Oahu, and as such noble I sat in the 
i^t le^silature under the monarchy, which closed its sitting immedi- 
xAy l^fore the deposition of the Queen. 

In view of the facts above set forth and of many details of acquaint- 
nif> with public men and affairs not necessary to be here set down, 

^H'lieve I may ]u»tly claim to have been and to be familiar with the 
ibtDfy, both political and otherwise, of the Hawaiian Islands during 
« vt'nil decades last past. And it is in the light of this acquaintance 
md familiaritv with events that I make such statements as I shall make 
a^ your honorable body. 

FIRST — OF THE DEPOSITION OF QUEEN LILIUOKALANI. 

This story has been so often and so variously recited by the par- 
tlsins of the different theories involved that the lack of unanimity of 
opinion among the people of the United States as to the causes and 
pnHctive agency of tnat deposition is not to be wondered at. This dif- 
ff^r»;nce of opinion or belief upon a subject so clearly susceptible of 
p<»"iitive demonstration is one oi the results of direct and positive mis- 
r- presentation by a small but influential and otherwise respectable 
fitment of the foreign population of these islands. In alleged proof 
of the assertions so made by this element concerning the cause and 
oianner of the extinction of the monarchy, reams and reams were 
written to and published by the religious ana semi religious press of the 
Tnited States, and thereby was created a public sentiment and belief 
wuoiig the people of the Union concerning the events now under dis- 
« 'u>sm which were entirely at variance with the facts. 

Your conunittee are not unaware of the exhaustive investigation into 
tho>e events which was conducted by the Hon. James H. Blount, under 
^>mmii«ion from the President of the United States, nor of the con- 
'lii'iions which he reached and reported in the premises. I desire to 
i''» upon record at this time as fully and highly commending the intel- 
'^'Z^'nt and painstaking character of Mr. Bfounfs said inquiry and the 
truthful accuracy of his conclusions. Those conclusions have been 
4»aDed with abuse, but never argument, and they will stand as a true 



112 HAWAIIAN INVESTIGATION. 

exposition of the conditions and causes which attended or led to 
overthrow of the Hawaiian constitutional government in 1893. I 
here upon the ground at the time, with all possible opportunitii 
knowing whereof 1 speak, and I desire to emphatically denoun 
entirelv false and unfounded the claim that the monarchy fell c 
own weight, and the denial that it was extinguished by the a 
exercise of militaiy forcH5 on the part of the United States naval 
tingent then in Iionolulu Harbor, acting under the inspiration 
command of the United States minister and the commander o 
United States cruiser Boston, 

THE PROVISIONAL GOVERNMENT AND REPUBLIC. 

The incapacity of the provisional government to ^'hold dow 
situation," after it had been assisted into place by the Unite<i .^ 
forces, is too notorious to require description. It is perhajb 
illustrated and declared in the famous note of the provisional presi 
Mr. Dole, to the United States minister, written on the aftenu 
the transfer of authoiity, wherein the minister is begged to " 
by" and protect his political child, '*as night is coming on," etc. 

For some weeks thereafter the provisional government was k 
office b}' the ba>^onets of the American marine and blue-jacket o 
gent, which was quartered on shore for that purpose. Jsot only 
the provisional government never have passed the stage of cr 
unaided by American bayonets and machine guns, but, after it- 
tion, it could never have maintained itself for a day but for thai 
influence and power which surrounded and protected it. Thi 
tinned until the new government had effectually disarmed the poji 
by domiciliary visits and otherwise, and had recruited an aruiv 
own, chiefly composed of deserting sailors and other social refi 
no sense representative of the people of the islands, of eith 
native or foreign race. 

Later, and upon the failure of their immediate eflForts to 
annexation, the provisional government prepared for the adop 
a constitution. This was done by providing for a constitution) 
vention, only a minority of whose members were to be electedi 
people, and those electors were confined to such as had s^ 
would swear to renounce the monarchy and never again t^ 
monarchical government in Hawaii, thus making a very small 
ity of the electors of the islands as the electorate had stood \\i 
monarchy. The majority of the members of the convention w^ 
appointed and consisted of the members of the executive and fll 
councils (none of whom were such by virtue of any election 
peojple), by whom the convention act was passed into a law. | 

Tne result was the alleged ''Republic " of Hawaii, whose onlj 
lican feature was its name, as a study of its constitution ai^ 
history will persuade you. 

THE REVOLUTION OF 1895. 

i 

When the Queen surrendered the Government to those ^n 
assisted into place ])y the American forces, as above recit^^dj 
so for the purpose of avoiding bloodshed during the period \ 
to elapse before she could learn the attitude of tne United Sta 



HAWAIIAIff IKVE8TIOATIOW. 113 

'rr.ruent, in response to her action invoking its judgment upon the acts 
•: it< diplomatic and naval representatives, in having acted as above 

- ri^ied, in displacing her Government and setting up another in its 
' uL This position and purpose on her part is clearly set forth in 

» letter wherein she resigned for such temporary purpose the reins 
f :iutiiority. 

When Mr. Blount had made his celebrated report, and no practical 
T'^iiic^ had followed^ looking to the restoration of the former status, 

• •• [utience of the Hawaiian people, which had been admirably exhib- 

: during the years of doubt, and expectation from the source to 

< h the Queen had appealed, began to show signs of exhaustion, 

' i for many months prior to the outbreak of January 6, 1895, there 

- ^ r^ rumors and signs of such action within the knowledge and view 

•f :ili people in the islands, and quite within the cognizance of the 

• t.-vemment, who were in constant expectation of some such event. 
r-r the purpose of fortifying itself ana of weakening its opponents 
'^*- Government had passed a series of laws as unrepubTican as possible 

' •L^ntcter. Among these may be mentioned the restrictions upon 

'.*' riirht of hail upon criminal charges, with especially onerous con- 

t "Hs in caf^es of charges of politicsil offenses; the restrictions upon 

* .*' li'H*rty of speech and of the press, exceeding in severity the much- 
•* us'^ '•sedition laws" of the Adams Administration in the United 

^' /t*^: .statutes creating new crimes and prescribing new and harsh 
*• ' ultit^ for expressing opinions, either verbally or in print or writ- 
j. in opposition to the Government, etc. 

Vniong this latter class was the act providing for the punishment 

f th«* newly created offense of ''misprision of treason," under which, 

.- tt n»^ult of said resolution of 1895, so many persons were imprisoned 

^ (Otherwise maltreated. This statute defined the offense named, in 

• f, af< the withholding from the officers of the Grovernment any 

^ ^vUnlge possessed by a person within the islands of the fact of 

*• w>n committed by another. 

V projwl formed in the interest of the monarchy, viz, to restore 

oastitution of 1887, came to a head in January, 1895, in the shape 

^ tiio tittle riot of January 6 and following davs. Of this move- 

'• • nt, tA above indicated, the Government had full notice, in general 

*• nu>, though thev were probably surprised at the last as to some of 

t« 'l*'tail«. They bad been for months on the alert to suppress this 

• -i'lpated rising, the coming of which was in everybody's mouth.and 
•' ifie press for weeks before it occurred. Some weeks previously 
*:-Tv had been arrests of prominent Hawaiians for the unlawful keep- 
' z uf anuH in their homes — supposedly in preparation for this event — 
i' *i ?onie of those arrested were then in custody and denied bail by 

• :rtu«»of the "sedition laws" of the alleged "Kepublic." Everyone 
•^'-w that trouble was brewing, and no one who could read or hear or 
'•• k wa^ ignorant of the general fact that some kind of revolutionary 
'J; -VMfQent was imminent. 

In this po»<ture of affairs some arms were landed at Waikiki, on this 
' •^'xi. and upon the police attempting to capture them and those in 

Arj.'p of them on the night of Sunday, January 6, 1895, some shots 
^' rt' tired, and a government partisan, who had no legitimate business 
;!"'n the ncene, was unfortunately shot, and died soon after. Then 
•' lowed a running fight of a few days between the disciplined forces 
•f the government and the few dozen patriotic but undisciplined men 

H I— PT 8—03 8 



••'•I 



114 HAWAIIAN INVESTIGATION. 

who had resorted to arms for the restoration of their institations, tl 
result being speedily favoi-able to the government. 

That riot was made a pretext b v the government for the arre^st of i 
those whose sentiments were unfavorable to the government and i 
outrages of various kinds and degrees upon the domiciles and famil 
of those unfortunate prisoners. Although the government was 
complete ascendency and control within forty-eight hours of the o 
break, yet martial law, which had been promptly declared, \ 
continued in force for several months, during which time someb 
dreds of prisoners were brought to trial before a military commissi 
or court-martial, whose sittings were held in the palace, while 
ordinary courts of the country were pursuing their wonted course 
procedure in the judiciary building, across the street from the paL 

I was among those arraigned beiore that commission, and by itt 
and convicted upon a charge of misprision of treason, and was fi 
in the sum of ^,000, which fine 1 paid. Other citizens were ( 
more unfortunate in being sentenced by that commission to I 
terms of imprisonment, some of them being also fined, in purnui 
of which they were confined in prison for varying terms and wo; 
in the chain gang until finally pardoned by the government. In 
manner our present Delegate m Congress was treated; likewisti 
present nominee of the Republican pad;y in these islands for the < 
of such Delegate; also many other citizens of high respectability 
substance, both native Hawaiians and foreigners. In addition to \ 
thus treated, many were exiled during terms of varying k 
as an alternative of imprisonment for an indefinite time without 
or of trial before a commission whose creation and course of pr 
ure they believed to be illegal, stripped of the safeguards whu*^ 
law throws around those accused of crime, and with tne almost c< 
prospect of conviction irrespective of the law or the facts involv 

On behalf of not only myself but of all other victims of that 
tary commission and its policy of wholesale and indiscriminate 
viction and punishment of those arraigned before it, I respec 
submit that the United States, the successor in interest of the h 
ian government of that period, should make as ample reparat 
those victims as possible, by either repaying or providing f< 
repayment by this Territory of the fines so unjustly and ill 
extorted fi*om us by the means here mentioned, and to this 
respectfully invoke the consideration of your honorable commit 

ANNEXATION. 

The action of the Congress of the United States in annexing 
islands is not and never will be approved by the Hawaiian peo 
general. Our people have submitted, and will continue to si 
to the authority of the United States, but only upon the groi 
necessity, knowing that they are unable to change tne course of 
or to break or cut the bond which has been fastened upon their 
out their consent. They deny the right or authority of the late 
lie to speak or act for them in the matter of annexation or othe 
The republic was in no sense a government of the people by the { 
It was a despotism, pure and simple, in character, founded ir 
and resting upon bayonets. But, making a pretext of the as.s 
that government as a basis for its action in passing the cele 



HAWAIIAN INVESTIGATION. 



115 



Newlands resokition," the Congress of the United States brought as 
rithin its authority; and, as we can not, if we would, escape, we hope 
D<i trust that we may be at least liberally dealt with; that the United 
itatei* will not insist upon continuing to take our revenues from us in 
he form of customs duties, postal receipts, internal revenue, etc., 
f ithout at least returning to our Territory corresponding sums in the 
^onn of public improvements or otherwise, lou have made us 
\merican citizens a^inst our will; we now propase to make the best 
>{ the ^tuation, and pray for fair treatment oy Congress. 

Respectfollj submittea. 

J. A. Cummins. 

HoxoLULU, September 2^, 1902. 



Exhibit A. 

J. F. COLBURN, E^sq. 

Sir: According to your instruction I have made test holes on the line 
Vtween Honolulu Hjarbor and Kalihi at intervals of about 500 feet. 

The total number of holes put down is 16, the depth varying from 
21 to 33 feet 6 inches, the average depth being 27 feet. 

To an average depth of 15 feet the material is chiefly a soft gray 
i^oral with mud and sand. Below this in one hole white coral was 
foond 3 feet thick, uniform in texture, but not as hard as the hard 
(.-oral found in the test borings for Richard street slip. In the other 
holes the material below the soft gray coral, while somewhat hard, is 
nowhere a compact coral rock such as was found in Richard street slip. 

A< far as I can judge there !« very little of this material which can 
oot be taken out by the Government suction dredger. 
Respectfully, yours, 

A. A. ROSEHILL. 

The following table will show the material found in each hole as far 
'A> I was able to classify it: 



1 
'Softgny 

Hote^o,- ; mud and sand. 

' sand. 

i 


Sou. 


White 
coral. 


Broken 
coral 

mixed 
with 
sand. 


Clay and 

aand 

mixed. 


Fine 

white 

sand. 


Coarse 
coral 
fland. 


Total 
depth. 


I 


Jneha. 

9 

16 

14 

13 


India. 


Incha. 


Inches. 
8 
7 


Inche*. 
7 


Inches. 


Inchu. 
2 

1.4 
1 

1 


Inches. 


Inches. 
21 


* 










24.4 


. 


2 






15 




82 


1 -..»...•. 






• 10 

14 

6 




24 




11 
14 












25 


'. ., 


4 


2.4 


aiiT 

8 

8 
10 








26.4 


• 


10 
JO 
IS 
15 
23 
19 










28.6 


« 






7 








22 


t 












21 


« 

I ........ 






66 
as 

9 

4.6 
10 








80 


« « 












31 
















28 


• 


14 

20 
22 
22 


'••"••"' 




11 








29.6 


:i 


•«•■■•«• 










80 







4 










26 


> 










11.6 


83.6 




1 














Areng^ .... 


..... .....I........ 












27 




1 















oSoft. 



6 Gray. 



116 HAWAIIAN INVESTIGATION. 



MEKOBIAL OP THE EXECUTIVE COMMITTEE OP TIE BA] 
ASSOCIATION OE THE HAWAIIAV ISLANDS IN TES XATTB 
OE JUDGES OE THE EIBST CIECUIT COUBT OE THE TiSXl 
TOBY OE HAWAU. 

To the honorable sybcommittee of Senate Committee on Porto Rico nn 
Pacific Islands: 

At a meeting of the executive committee of the bar a8S0€iati( 
held on the 18tn day of September, A. D. 1902, the undersigned w 
instructed to submit the following statement with regard to the matt 
of circuit judges for the first circuit court of this Territory: 

At a meeting of the bar association held on the 19th day of it 
uary, 1901, a resolution was adopted in words as follows: "Itist 
sense of this association that there is needed an additional judge i 
the first judicial circuit." 

Subsequently the legislature, by act 19 of the laws of 1901, approi 
on the 30th day of April, 1901, provided for the appointment of th 
judges of the circuit court of the first circuit, to be styled, rchp 
tively, first, second, and third judge; and 

On May 11, 1901, at a meeting of the bar association, the follow 
resolution was offered and adopted: 

Remdvedj That the attention of the President of the United States be called b) 
Bar Association of the Hawaiian Islands to act 19 of the session laws of 1901,' 
viding for the appointing of three judges of the circuit court of the first clrcvi 
place of two, as heretofore. 

Resolved, That the increase in the number of judges for the first circuit thus 
vided for by the legislature has been rendered necessary by the great incres 
legal work in the circuit court, and that said increase was provided ^r in respoi 
the unanimous reauest of the Bar Association of the Hawaiian Islands. 

Resolved, That tne President of the United States be, and he is hereby, resx>ecl 
requested to nominate and appoint a third judge of the circuit court of the firs 
cmt of the Hawaiian Islands, m accordance with said act of the legislature. 

That, in the opinion of the executive committee of the Bar Ass« 
tion of the Hawaiian Islands, the same need exists now for a t 
judge of the first circuit as existed at the time when the forcg 
action was taken. 

Daniel H. Case, 
Secretary of the Bar Association of the Hawaiian Isl<in\ 

Honolulu, Hawaii, September 18^ 1902. 



MEMORIAL OP BICE PLAHTEB8. 

The honorable Senatornal Commission: 

Gentlemen: As you have so kindly called upon all within the 
ritory of Hawaii who have grievances to present them to your h 
able Commission, we, Chinese residents, engaged in the culture of 
avail ourselves oif your invitation. 

The Chinese were amongst the earliest immigrants to these IbI 
historv showing that in 1802 a Chinese sugar planter brought 
HongKong a sugar mill and engaged in planting cane, which vc 



HAWAIIAN IWVBBTIGATIOW. 117 

unibrtiuiately proved a failure. It, however, initiated that industry 
ind bv it Americans have ^own wealthy. Since that time their num- 
Iters on the islands have steadily increased. 

Naturally they sought to introduce the cultivation of rice, which is 
the staff of life of so hrge a proportion of the Asiatics, the luiowledge 
of which has been known to them for thousands of years. 

They found the climate and soil eminently adapted to that industry. 
Having been accustomed and inured to plowing, planting, or trans- 
planting in lands covered with water, as taro is planted, they saw that 
mach of the land was well suited to rice growing. They perceived 
abo that much land, which from ancient times had not been used by 
the natives for any purpose, being pai*tly tide lands and covered witu 
tales, (xmld be utilized, and a large area of this class has been reclaimed 
by them and made to produce. As the natives became numerically 
les< and the demand for taro proportionately decreased, the abandoned 
lands were converted into rice patches ana produced rentals for the 
owners where otherwise no income could have been obtained. Most 
of this waste land is or was the property of the common people, who 
thus received the benefits of the industry. 

Thirty years ago lands v^ere to be had at from $2.80 to $5 per acre 
per annum, while to-day the landlords obtain from $25 to $50. The 
I'hinese own very little in fee simple, there being probably more than 
'.^) per cent of that under cultivation merely leaseholds. It is esti- 
mated that TO per cent of the lands are owned by natives, 20 per cent 
by foreigners, and 10 per cent the property of the Chinese. To show 
*«omewliat of the increase of the inaustry we might here state that in 
l>Vt3, when an attempt was made to reduce the duty from 2i to li 
t-eots per pound, it was closely estimated that the acreage under culti- 
\^tion to rice was 7,321, while to-day a similar close estimation, taking 
\2illey by valley, shows that the acreage is 11,286. Besides this area, 
a large amount in addition is leased for pasturage, vegetable gardens, 
•: tr.. probably about 9,000 acres, making, in round numbers, about 
I'lijNjo acres dependent upon this industry. 

In most places in the Territory two crops are produced per annum, 
the yield being averaged at 1} tons per crop per acre, or 3^ tons per 
annum of paddy. The yield, therefore, is about 39,501 tons of paady 
for the 11,286 acres, or 79,002,000 pounds. This loses in weight by 
ilofining and polishing about one-third, making the net Quantity pro- 
f)u(^d about 53,701,3^ pounds of rice, which brings in tne market, at 
the rate of 4i cents per pound, the sum of $2,282,306.70. 

This shows the rice industry to be second to sugar on the islands. 

From the crude process of cleaning rice by hand power, which 
obtained in China and which was followed here, to the adoption of 
>t4^m and electrical power and American machinery for polishing was 
a <tep not slow to be adopted. Gradually the industry increased until 
we were not only able to supply home consumption, but had an excess 
for export. 

The reputation acquired by Hawaiian rice for its cleanness and 
natritive qualities soon caused the demand to exceed the supply. 
Tnder the beneficial effects of the treaty of reciprocity with the 
Tnited States an impetus was given to this industry as well as to 
Hugar. It was then asserted that those engaged in the industry were 
importing oriental rice (upon which a low duty was imposed) for 



118 HAWAHAN INVESTIGATION. 

home consumption and exporting the main portion of the 
While this was not true, ana was an argument of enemies of H 
the Hawaiian legislature imposed a duty of 2i cents per pou 
oriental rice, which was pronibitive. tinder the fostering c 
this impost the rice industry rapidly increased and the exi 
demand for suitable lands caused rents to advance to a hi^h 
In 1898, when annexation was effected, the area under cultival 
rice had reached its maximum, all available land having been h 
under the plow. Some close calculators estimate that it requii 
attention of one man to 2 acres, as an average, the year roum 
this rate there would be 5,643 men directly engaged in the in( 
to say nothing of their families, the teamstera, the sailors whc 
the product to market, etc. Some of the mills are run by 
power, others by steam and gasoline, and all of the machinery i 
ishing, etc. , is of American manufacture. It is difficult to estim 
amount of capital invested in the business. 

You ask wherein we have a grievance t 

Our complaint is two-fold. 

First. The union with the United States brought with it th<: 
United States tariff, which is but 2 cents per pound on polish 
and li cents on brown rice or that from which the husk men 
been removed, whereas the Hawaiian duty was 2i cents per 
As the Japanese on the islands are numerically the greatest sum 
various nationalities, they consume most of the rice used and 
the product of their own country. The importation of Japane 
therefore, fixes the price of Hawaiian rice and, in fact, the a 
exists of an inferior article bringing a higher price than the si 
product of this country. This is said to be due to Japanese ] 
ism(?), which induces them voluntarily to pay a higher pr 
Japanese rice. The price of the commodity being fixed and re 
labor being exceedin^y high, there is no longer a profit in the bi 

Second. Under the exclusion laws of the United States the 
of further Chinese laborers is prohibited. As we have already 
these people are accustomed and inured to working in swai 
overflowea lands, and are the only people who can do the work 
done in this country. Owing to the topography of the count 
land being partitioned into small patches inclosed by embankni 
is not possible to use steam plows or horsepower to any exte 
we see no method other than that now in use for the cultiva 
rice if such tracts of land are to be made of value to their own< 

The coming of further laborers being prohibited, natural! 
now employed are shrewd enough to demand higher wages, 
ranks are continually being diminished by the numbers retur 
China and by those worn out in the service, until to-day rice-pla 
laborers are bein^ paid more than double what thev received ii 
It is therefore quite apparent that the ebb tide of this industry 
in, and it can be but a few years until, under the present cone 
it must cease to hold its position as the '^ second industry 
islands." Already there is a serious decrease in the amount < 
cultivated. 

As the policy of the United States is to multiply the number of 
tries in Hawaii it should be then its policy to loster such as hav 
successfully carried on, especially as all agricultural industri 



HAWAHAN IKVE8TIOATION. 119 

nked together in the general welfare of the country. It requires no 
'atoning' to show that if laws are enacted delimiting the number of 
iriM? employed in any special industry to those actually so employed, 
lat it woafil be only a matter of time until such industry should 
^^. and as we have conclusively shown that Chinese only can do this 
rork it is apparent that under present conditions the industry is 
breatened witn extinction. 

We believe it is possible for special legislation to be enacted per- 
nitting the coming of more Chinese laborers to this Territory, and we 
^lieve that Congress had this in view when the joint resolution annex- 
Lcr the islands was adopted and when the organic act was passed, 
^eition 9 of the former reads: 

Thf re shall be no farther ImmigTation of Chinese into the Hawaiian Islands, except 
H'-n -^cfa conditions as are now or may hereafter be allowed by the laws of the 

Tilled States; and no Chinese, by reason of an3rthine herein contained, shall be 
L.'i-^red to enter the United States from the Hawaiian Mands. 

Section 101 of the organic act reads: 

No Chinese laborer shall be allowed to enter any State, Territory, or District of 
'If United States from the Hawaiian Islands. 

It L« possible then for Congress to enact such legislation that Chinese 
ia^»orers may be allowed to come to this Territory without such immi- 
irrsition conflicting with the exclusion act, in that having arrived here 
tht'V are, by special legislation already enacted, prohibited from going 
lo the States and Territories on the mainland. Should it be deemed 
ith'isable, it is possible that Chinese laborers could be permitted to 
i-ome to this Territory conditioned that while here residing they shall 
lonfine themselves to agricultural labor. 

If it were thought valuable, or adding additional features to the 
arj^niment in favor of permitting the coming of further Chinese labor- 
»r-, we might give statistics showing the localities where rice is raised, 
\i*' ik^reage in each valley, the rentals and ownership of lands, the cost 
"f fertilizing, plowing, seeding, harvesting, polishing, and marketing 
ihf product, together with the past and present price of labor and the 
numbers employed m the industry. 

A.S the peculiar exigencies of the rice industry require .for its con- 
tinued existence the introduction of more laborers to replace those 
who depart or are worn out at the business, it is apparent tnat if such 
tn* not allowed to come the industry must slowly perish. 

We contend therefore that for the protection of the rice industry in 
tuU Territory the present tariff on the imported article is not sufficient 
t<» protect the home product, and that it should be not less than 2 cents 
pr pound on uncleaned rice and 2^ cents on the polished rice. 

Also, that to prevent the extirpation of the industry it is essential 
that further immigration of Chinese agricultural laborers should be 
pennitted to come to Hawaii, under such restrictions as Congress in 
it< wisdom shall enact. 
And for this we will ever pray. 

Wong Leong, 
L. Ahlo, 
YiM QuoN, 
Y. Ahin, 

For Bice Planters, 



120 



HAWAHAN HfVESTIGATIOW. 



Acreage of rice under cuUivaHon m Territory of Hawaii, 190g, 



Kauai: 



Waimea, Kekaha, and Mana. 

Hanapepe 

Lawai 

Huleia 

Lihue 

Hanamaulu 

Wailua 

Kapaa 

Anahola, etc , 

Kilauea, etc 

Kaiihiwai 

Kalihikai 

Hanalei and Waioli 

Waipa and Wainiha 



Oahu: 

Palaraa 

Moanaloa and Kalihi 

Halawa 

Aiea and Kalauao 

Waimalu 

Waiau, Manana, and Waiawa 

Waikele and Waipio 

Honouliuli, etc 

Makaha 

Mokuleia, etc 

Waialua 

Eahuku 



Acres. 

1,050 

300 

70 

170 

150 

60 

200 

45 

150 

55 

50 

70 

1,400 

160 

3,930 



200 
200 
117 

76 
135 
262 
383 
197 

40 
738 
180 
150 



Oahu — Continued. 

Laie 

Hauulu 

Punaluu. etc 

Hauula (omitted) 

Eahana 

Kualoa 

Waikane 

Kaalaea and Kahuluu . 
Heeia and Kaneohe . . . 
Eailua and Waimanalo 

Waialae 

Palolo 

Waikiki and Moililli. . . 

Kewalo 

Other small ^rms 



Maui: 

Walhee, Waiehu, Wailul 

and Waikapu 

Honokowai 

Keanae and Wailua 



Hawaii: 

Waipio, Waimanu, and Po 



Honolulu, September 2i 
Hon. John H. Mitchell, 

Chairman Svhcommittee on Pacific Islands and Porto H 

Honolulu^ 

Sir: The undersigned, an American citizen, born at Stamf oi 
beffs leave to present to your honorable Commission the foil 

In the year 1895 myself and a number of American citi: 
ille^lly arrested and thrown into prison at Honolulu. Al 
confined for many days, varying from twenty to sixty, a r 
us were forced under auressto leave the country we had for 
called our home. All of us have damage claims filed at Ws 
D. C. , where they have laid ever since. 

Besides myself, the following claimants have requested ni 
this matter before your honorable Commission for the purpc 
in^ this matter taken up and settled, viz, Capt. Jonn K 
Mitchell, P. M. Rooney, Arthur White, Harry Von Wer 
Peterson, James Durell, and Charles Molteno. 

While I understand that matters of this nature are not s 
day, it is hard for any of us to realize that seven years ha 
without any sign of a settlement having been made. 

The claims were filed at Washington, D. C, at that ti 
against the Republic of Hawaii, but since then the islands \ 
have been annexed to the United States of America, and I 1 
just claims against the Republic of Hawaii will be paid by ti 
that assumea these liabilities. 



HAWAIIAK INVE8TIOATI0K. 121 

The imDnsonment and subsequent exile from this land worked a ter- 
hie haroship upon us, and most of us by reason of the same were 
itirelv broken up in home, health, and business. 
A^ the statement of each claimant on file in the foreign office at 
'jt^hington speaks for itself, I will not here attempt to describe the 
ni^ and ill treatment we were all subjected to while in durance vile. 
Since imprisonment and exile many of the claimants have become 
altered, some have become despondent, some have lost hope; never- 
lelt'Nj we hope and pray that the American Government will take up 
iLh matter and give it a speedy settlement. 

The writer therefore prays that your honorable commission will 
ring this matter to the attention of the proper authorities and use its 
ifiaence to secure for us a settlement. 

I beg to remain, sir, your obedient servant, 

H. A. JUEN. 



Honolulu, Hawah, September 26^ 1902, 

Ion. John H. IfrrcHEix, 

Cfuiirman of the Subcommittee of the 

Coinmittee of the Senate on Hwuoaii. 

Sib: Will you kindly permit me to file the following as supple- 
Dentary to my oral statement made yesterday before the siibcommittee: 

1. At the hearing yesterday I was asked as to the policy of having 
lecisioDs of the Territorial supreme court final in cases in which the 
sarties were of diverse citizenship, but in which no Federal question 
^as involved, and I replied that 1 thought it might be well to allow 
ippeals in such cases. On farther reflation 1 think a better course 
Kould be to allow such cases to be brought either in the Federal court 
DT \n the Territorial court, and, if brought in the latter, to be removed 
to the Federal court They could then be taken up on appeal from that 
^•art just as other cases may be. This, 1 believe, was the intention 
of the commission which drafted the organic act. See section 86 of 
that act, wherein it is provided that — 

The UwB of the United States relating to appeals, writs of error, removal of causes, 
isd other mattera and proceedings as Mtween the courts of the United States and 
*\^ courts of the sevend States, shall govern in sach matters and proceedings as 
tvtveen the coorts of the United States and the courts of the Territory of Hawaii. 

But it has been held that this provision did not go far enough to 
permit removals of such cases from the Territorial courts to the Fed- 
eral court 

A slTODg reason why this would be the better course is that it would 
>>«' in harmony with the general plan of Congress to organize the 
^^urtHof Hawaii on the same basis as in the several States — that is, with 
•ii^tinet Federal and Territorial courts — and it would make applicable 
to Hawaii all the decisions and law upon the subject of removal of 
(•an^s. The decisions of the Territorial supreme court would then be 
^1 in local eases only. 

As to the policy of allowing the decisions of the Territorial supreme 
'"^urt to be final in such cases, see Aztec Mining Co. v. Ripley (53 
^ Eep., 7). 

For decisions construing the organic act of Hawaii as to the finality 
of decisions of tiie Territorial supreme court, see Ex parte Wilder's 



122 HAWAHAW INVESTIGATIOir. 

Steamship Co. (183 U. S., 545); WUder's Steamship Co. r. Hin 
(108 Fed. Rep., 113); Hind et al. v. Wilder's Steamship Co. (13 
174). 

2. In my opinion the salaries of the circuit judges of the first 
should be increased from $3,000 to $4,000 a year. The latter 
amount paid before the organic act took effect. It was rcdi 
Congress so as to make the salaries in the first circuit unifoi 
those in the other circuits. 

The judges in the first circuit have a sreat deal more to 
those in the other circuits, and the cost ox living is higher in 
circuit — that is, in Honolulu. 

Four thousand dollars is low enough. The cost of living i 
lulu is about one-third higher than in most parts of the Unite 
It is difiScuIt to get desirable men to serve at $3,00Q. 
Very respectfully, 

W. F. I 



To the honorable Svbcommittee of the United States SenaU' C 
on Pacijic Idands and Porto Rico. 

Gentlemen: Among the existing needs and more urgent n 
of this Territory, which I deem it important that your honon 
mittee should investigate, and, with your recommendation tk 
report to Congress, are the following: 

1. Some speedy provision by Congress for payment of the 
awards to the sufferers by the great fires in Honolulu, during 
of the bubonic plague in January, 1900. 

2. The erection of a suitable ]< ederal building in the city 
lulu for the purposes of a Federal court, post-office, custom-h 
the other usual and incidental Federal offices. 

Each building should, in my judgment, cost $1,000,000, ai 
for purposes of both convenience and economy, be erect 
northwest corner of grounds oi the present executive buildi 
invite the attention of your committee to the desirability of 
tion as a site for such building, for the reasons I have nauie 

3. That the land laws of the United States be extended t< 
ritory, with a modification that 40 acres shall constitute a h 

For the purpose of such a provision, and of suitably adaj 
the conditions of this Territory, I would recommend that th 
sioner of Public Lands, at Washington, D. C, be empo^ 
directed to send experts to this Territory to make all necesj- 
tigation of the subject, and report the result of such inves 
Congress. 

4. That the leper colony, at Kalaupapa, on the island of A' 
taken under the care, control, and maintenance of the fee 
ernment as a reservation for leprous persons, under the d 
the Secretary of the Treasury; but that no leprous persons 
those of the mainland of the United States and of this To 
allowed on such reservation. 

5. That the light-house system of this Territory be taker 
direction of the Secretary of the Treasury and be made ] 
mainland system. 

6. That the War Department be directed to send its ci 



HAWAIIAN INVE8TIGATIOK. 123 

rrey the harbors of this Territory, and to furnish that Department 
i OoD^nress with estimates for dredging the same and constructing 
i-i^ssary breakwaters. 
1. That a revenue cutter be provided for this Territory, at a cost of 

Very respectfully, yours, Bobert W. Wiloox. 

Honolulu, September 2J^ 190S. 



The approximate division of lands from 1848 to 1855 was as follows: 

Acres. 

rt-mment hods 1,495,000 

'lalmda SS4,000 

L^L^'Unds 1,619,000 

Bitwnw 28,600 

T.»ttl 4,128,600 

The approximate amount of lands left to each of the above divisions, 
<\, at present, 1893: 

Acres. 

i^remment lands 82S,000 

rmolaiMU 915,000 

rhoptft («tate Uuidfl 420,000 

r^>retioDs. etc 1,963,600 

Th«* approximate area of the whole group is 6,450 square miles, or 
.l2»i,6«R> acres. 



Wahiawa, Oahu, Hawah, September 26^ 1902. 

Ion. John H. Mitchell, 

Chairman Svbcommittee an Pacific lala/nds^ etc. 

Mb: Complying with your request, I submit the following in regard 
1' Wahiawa colony, island of Oahu, and such other matters as they 
%t\ir to me in relation to the American farmers and the development 
if a okss of small landholders for the group. 

I (nme to Hawaii September, 1897, to secure a home, coming from 
-As Angelesi County, southern California, where I resided for twenty- 
•'ven years previously, and in the State from early childhood, having 
ni^scd the plains with my parents in 1860. I have been intimately 
k>^(M:iated with the agricultural and horticultural development of 
•oathem Califoiiiia, and believe my practical experience there and 
k the past five years here qualifies me to speak with some degree of 
tnowleoge based on pi*actical experience. 

On my arrival in the islands I found it would not be advisable to 
^tde on the island of ^Hawaii, where the most considerable area of 
p^verumeot land was to be had, owing to high transportation charges 
Wtween there and Honolulu, there being no commmoiication with the 
oiainlaod at that time except via Honolulu. 

On making inquiry, found all the best land held in large private 
stated descended from the monarchy, or under long leases nmde by 
ti^same government, the only available tract being 1,343 acres held 
V the republic as school land, known as Wahiawa, and which was con- 
^i-iered of little value, being classed as second-class grazing land, the 



124 HAWAIIAN imrEBTIGATIOK. 

invariable reply from those familiar with it being that it was ' 
and that a portion had been under cultivation and abandoned 
urally I became somewhat discouraged as to the prospect for s 
a home on Oahu. 

The commissioner of public lands, Hon. J. F. Brown, 
requested I should make an examination of the land, as he ^ 
glad to have a disinterested opinion of it. in face of bo m 
couragement as to the value of the land by parties who had 
the islands for years, I must say it was more to please him tl 
any idea of finding a location for a home that I first visited 
on January 1, 1898. I was agreeably surprised. First, h« 
climate entirely diflferent from Honolulu — ^as bracing and invi 
as southern California in her finest moods, but free from I 
sand storms; neither hot nor cold, as near perfect as onecou 
to find, the altitude 800 to 1,300 feet above the sea, giving tb< 
freedom from the humidity of the low lands. The outlool^ 
roundings were as inviting as one could expect — beautiful gul 
running water, and fine mountain views. The surroundin 
certainly go far as to a desirable place for founding a bora 
soil, it appeared far more inviting than many a desert clii 
seen converted into beautiful homes in southern Californ 
such a climate, could not one improve the soil so it would 1: 
tive? I had been informed there was once a forest where 
the wild sour grass grows. If once a forest, why would not i 
again ? Land that produced only sour grass, after the fores 
destroyed by cattle and fires, must have relapsed into such Ji 
and certainly could be restored again by proper treatme 
these ideas I returned to the land office, making my repori 
above lines, expressing my willingness to undertake maki 
on the land in preference to going to another island. I inf 
Brown I wanted enough of the land for a home, but wanted 
and proposed securing others from southern California and 
a colony for settlement of the entire tract, and organize 
ment association " under the land laws if I could have suf 
to get people here from California and perfect the organ 
settlement association; accordingly, 1 was granted the req 

Up to June, 1898, I had not secured the desired number 
to come, but had assui-ance of their coming later. Hav 
verbal understanding and fearing annexation (which was 
any time) would change conditions for taking land, 1 ad 
land department in writing on June 14, 1898, request! i 
should be set aside for the purposes of a settlement associ 
organized under sections 71, 72, and 73 of land act of 1895, 
by section 4 of act 42. laws of 1898, and that I be given u 
one year to perfect tne organization. My application w 
by the land commissioners and referred to the exec at 
which gave approval under date of June 17, 1898. 

I would here say President Dole at all times evinced 
interest in the promotion of the colony, and to make the f 
ditions more favorable for the colonists caused the amen< 
referred to as "section 4 of act 42, laws of 1898 " to be p 
legislature (they being in session at the time). I men tic 
much has been said against the policy of the govern 
department, accusing them of disciiminating against tlie 



HAWAIIAN nrV^ESTIGATION. 125 

hioh I know from personal experience and observation to be entirely 
ithout foundation. One of the original members of our association 
(irreodered his holding because he did not wish to make the n^ces- 
in* sacrifice of maintaining a residence and improving the land 
ft-i»niinff to the conditions imposed under the law: He would have 
eld the land by living at ease m Honolulu and sleeping on it once in 
ix months, according to United States land laws, ana not perform any 
iiVtandal improvement, while under the Hawaiian law nc was com- 
telled to make certain stipulated improvements, as well as ^^ maintain 
is home" on the land, or give one who would a chance. These con- 
iVonsi are conducive to bona fide homes being established. More than 
alf of the applicants to join the colony were persons living in Hono- 
ilu who wanted to obtain land (presumably for speculation), but 
rben informed they must live on the land continuously and make 
frtain improvements, said: "That let them out," as ''they did not 
unt to go into the wilderness to live," or similar reasons. 1 am posi- 
ve. from my observation and knowledge of " homesteading^' in 
alifornia, that were the United States land laws put into effect here 
im'-tenths of the holdings would be taken for speculation, if the same 
Aings as to '' residence" hold that did five vears ago. 
I it)Dsider the settlement association and right-of-purchase lease 
l&n of allotin^ land (in 40-acre tracts) far better suited to the condi- 
on> of these islands for American settlers than any law now extant 
I the Tnited States, and the homestead lease especially suited for the 
ktive race, as all aboriginal races soon alienate their land when given 
tk in fee, mainlv by mortgaging. Such is my observation wim the 
lexicans in southern California, and I believe is the case to a large 
i^n-ee here. The only safety for keeping them from becoming a bur- 
pn to the country or arivine them to crime through poverty is to pro- 
lie them with sufficient land for homes and to earn a livelihooil from, 
birh is theirs for use but not for means of raising money for a short 
friod of extravagant living and show. 1 know I am met by those 
bo differ in opinion by the saying, " What belongs to a man is his 
wTi to dispose of as he wishes. I say no, very decidedly, when by 
> doing he pauperizes his family and makes them a burden to the 
xnmunity, and it is time for us to profit by the experience of not 
dIv Hawaii, but other countries, in dealing with the aoori^ines. 
I am not in sympathy with the auction-sale plan of disposing of land 
litable for agricultural use on these islands. It is well suited for city 
n>perty and in some other conditions, yet the man who wants a home 
S'l whose only capital is his muscle has no show vrith the capitalist and 
x^'ulator; the longest purse invariably wins. 

I have digressed from colony affairs, as there has been so much sai'l 
f certain classes here against the land laws of the Territory. Most of 
■f^ parties are of the class who would have been glad to join this 
lony at its inception, but had no desire to '^ put their shoulders to the 
tiH*f '' and who pose as the "only true Americans," but have never done 
n} thing towara reclaiming any of Uncle Sam's realm from the desert 
r wilderness. 

1 f^an not recite conditions in the colony better than in my report to 
^e commissioner of public lands, a copy of which I will forwara when 
i* report comes from the press. 

I w\»h to call your attention to the land situation on this island in 
irticular. There is only one considerable area of government land 



126 HAWAIIAN INVE8TIGATI0K. 

located on this island desirable for settlement upon which th 
made by the monarchy will expire anyway soon or which can 
available for settiementtiirougn purchase of lease or bysublesu 
greater portion of the arable land bein^ owned in large tracts d( 
to members of the royal family or their assigns and under loi 
to plantations or as stock ranges. The exception is what is l 
the Leikehna ranch of 14,700 acres, a large portion of which 
and joins the Wahiaw^ colony. The lease of this land is no^ 
Dowset Company, Limited, and expires January 14, 1912. 
company haye sublet some small poitions for cultiyation and 
willmg to sublet in tracts suitable for small farms and ranchc 
balance of their tenUy'^at the expiration of which the land woi 
to the goyernment, except that it has been set aside by tli 
States Goyernment as a military reseryation. In taking thi 
of land for the army the area of land that has any possib 
of being utilized for the production of such crops as would 
military post with farm products in the eyent of a siege oi 
times is reduced to a minimum. Would it not be wiser tht 
a portion of this large area (oyer 14,000 acres) be restored ^ 
ment, either from a military standpoint or from that of dev( 
American citizenship for the islands? But for this reserya 
lands could be made ayailable for settlement at any time by £ 
with the lessees. Under present conditions this colony can n 
beyond the limits of the original area of 1,343 acres. We ha 
way and fully demonstratea this to be an ideal section for d 
homes for Americans. Hay ing a pride in our success thus far ai 
to see more Americaub tilling the soil, be they natiyes of Haw: 
the mainland, we would respectfully ask that this matter I: 
before the proper authorities for inyestigation and action 
the opening of at least a portion of the tract for settlement. 
Another great need of these islands next to and closely 
with the opening of land for settlement is properly locat 
ment stations and substations. The work thus far done i: 
handicapped by improper selection of the location for tl 
The a^ent sent here by the Secretary of Agriculture did no 
inyestigate conditions, or the present site used for an expei 
tion would not haye been chosen. He did not go outside oi 
except to yisit sugar plantations or priyate estates. He di 
any of the public lands or other sites than what was prear 
interested parties. Although asked three separate tunes i 
extensiye uplands, where the only land is situated that can 
for farming to any extent on this island, he failed to inve.^ 
ditions personally. His report is largely made up fro 
eyidence and printed matter that has been freely circtuated 
years past. I repeat, had a proper inyestigation been ma 
more useful and satisfactory site could haye been obtained 
and climatic conditions of the present station grounds are 
sentatiye of any extended area of the islands, consequent! 
diyersified soils and climate can not be as useful as if loc 
adyantageously. If these islands are to be deyeloped alon^ 
lines we must naye land made ayailable for settlement, an 
fayorable possible conditions for the Goyernment experts ^k 
the experiment station to work. I would commena the w 
taken oy Dr. Jand G. Smith and his able assistants, and I 
them eyery possible facility for their work. 



HAWAIIAK rNTESTIGATIOir. 127 

Much has been said regarding labor conditions on the islands, and 
)ivial stre::«8 is put upon the statement of the inability of white men 
» labor here. The settlers at Wahiawa do not find it harder to per- 
inu the labor on their farms than doing similar work in California. 
I l>eHeve there is not any labor on the sugar plantations here which 
white man can not perform, but do not consider it practicable to 
ipplant the present labor under present conditions. It can only be 
roii^ht about gradually and under different cultural methods, and 
\Vl>i necessarily be by a gradual transition and largely by use of 
tU>r slaving machinery operated by intelligent laborers, as nave the 
1 i hand labor of growing and harvesting wneat in the "Great West." 
1)1' American farmer can and will grow cane and perform the greater 
art of the labor in due time, and it will come when sufficient numbers 
wn their homes in the neighborhood of mills where their cane can be 
i-jHised of, but they will not seek employment as field hands when 
.«.»re i^reeable occupation can be found, or they have only a laborer's 
iurtion; they must nave the incentive of personal ownership at least 
Q their homes. 

The greatest menace to the American tradesman, laborer, or farmer 
vH' are the Japanese. It was a grave mistake of (Congress that per- 
liitteil the canceling of the lalK)r contracts without deporting the 
apiN, as provided in the contracts under which they were brought liere, 
nd permitting their places to be filled by Chinese, who are a much less 
.;jrn»v<ive race and better suited to our needs as laborers. They are 
sin)erior race to the Japanese, contrary to opinions held by most 
4i>ple on the mainland; very few persons coming here but change 
(.* ir estimate of the two races before remaining here three vears. 
It will be necessary for many years to rely on the Orient tor labor- 
r> to work in the cane fields, and it is becoming quite the general 
* lief that Japanese should be prohibited from coming and Chinese 
i««' [KTmitted to come. Very little desirable white labor finds its way 
>Te, most of whom are seafaring men and other transients of the most 
u^Miable kind, which has created a prejudice in favor of the faithful 
iiioanian, who can generally be relied upon. We need Chinese labor 
Ludor proper restrictions, and they are far better citizens than many 
others that have been imported. 

Respectfully, Btbon O. Clabs.. 

Wahuwa, Oahu, Hawah. 



ESJOIHBER TO CE&TAIH STATEKEHTS ItASE BEFORE THE 
COMMITTEE OP THE VHITED STATES SEHATE. 

JAPANESE IMMIGRATION. 

It has been stated that from August 12, 1898, to June 14, 1900, in 
round numbers 40,000 Japanese were brought into this country, and 
'inly 24 returned. By the annexed Table A it will be seen that within 
tb«> date^ mentioned the immigration of Japanese was 28,953 males, 
'M^ females, and 928 children, while the emigration for the same 
[)fTi()d was 3,571 males, 739 females, and 549 children. 
The statement made by Mr. Humphreys that during the same period 
niy :^ Japanese returned to Japan is incorrect, for, as a matter of 
'it, 4,859 Japanese, including women and children, or 3,571 adult 
males, left Hawaii. These figured may be relied upon. 



128 HAWAIIAN INVESnGATION. 

The statement made that 40,000 Japanese came into the couni 
intended to convey the idea that that number of male laborers ar 
is considerably astray, as is also his statement concerning the n 
who in that time left the country. Mr. Humphreys avoided 
ence to the departures of Chinese during the same period, wbi 
may be seen from the annexed table, show an excess over arri 
359 adult males. 

A statement showing the arrivals and departures of Japanc 
Chinese from June 14, 1900, to June 30, 1902, was submitted 
commission on the 13th instant, along with the report of the PI 
Association, but it might be as well to repeat the statements 
contained that for this period of a little more than two years th< 
gration of male Japanese was 6,606 and the emigration 6,28i 
an increase of 322 only, whereas the immigration of male Chir 
the like period was 1,903 and the emigration 3,470, making a 
'tion in the Chinese population of 1,567 for that period. Takii 
nationalities of Japanese and Chinese, this period shows an c: 
emigration over immigration of 1,245 adult males. (See Tabl 

ALIEN PBOPRIETOBSHIP. 

A statement has been made that the sugar industry of the h 
under the control of two British and two German firms. 1 
are that of the ^74,694,000 capital represented by sugar pla 
$56,020,500 is owned by Americans and $18,673,500 by a 
nationalities, aliens thus owning one-fourth. And of the tota 
ments in sugar, railroads, mercantile, ranch, and general ent< 
amounting to $120,558,070, Americans own $88,438,213 an 
$32,119,857. 

These statistics were obtained from the local statistician, !M 
Thrum, of Honolulu, who prepared them as of January 1, 1 
the Bureau of Statistics at Washington. A copy of Mr. 
detailed table upon the subject is attached hereto ana marked ^^1 
For many years prior to annexation men of various nationalil 
here under the monarchy and afterwards the Hawaiian i 
devoting their intelligence, energy, and capital to the develo] 
local resources, of which the proouction oi sugar was and is 1 
important. These men attached themselves to the soil and m\ 
homes in these islands. They paid a large proportion of tl 
they started and carried to success great and hazardous ent 
Their property was and is as much entitled to protection j 

Eropeily of any one resident within these islands; and, so f] 
usiness interests of this Territory are concerned, they are 
qualified to speak, and should have the foremost right to do s 
It might be proper herein to state that the Honolulu firms ^ 
principally to do with the sugar industry here have been est 

Castle & Cooke, limited 

Brewer &Co : 

Irwin & Co., limited 

Hackfeld & Co., limited 

Davies & Co. , limited 

Schaefer &Co 

Grinbamn &Co 

Alexander & Baldwin 

B. F. Dillingham 



HAWAIIAN INVESTIGATION. 129 

Those firms are what is known in this country as ''sugar agents;" 
0., they act as bankers and business agents for certain plantetions. 
hy DO means follows, however, nor is it a fact that the nnns named 
necessity control the plantations for which they are agents. 

PORTO BIGANS. 

In regard to Judge Humphreys's statement concerning the inhuman 
vatmeDt of Porto Ricans, it may be desirable to state for the purpose 
f .saving any further trouble in connection with the matter on the 
art of uie commission that the whole question of the treatment of 
Vrta Ricans was long since taken up by the Administration at Wash- 
i^rton, and the collector of customs at this port as well as the United 
tat€s immigration inspector were requested to investigate and report 
bereon. iXe matter of the mutinv was investigated by the collector 
f customs, and the result reported to the Secretary of the Treasury, 
(ureau of Navigation, under date of March 1, 1901. The investiga- 
ioD as to the condition of the Porto Ricans and their treatment upon 
rrival here, was made and reported by Mr. J. K. Brown, United 
states immigration insi>ector, to the Hon. T. V. Powderly, Commis- 
ioner-Greneral of Immigration, under date of June 1, 1901. This 
itter report was sent in reply to the Bureau's letter, No. 26637, dated 
knh 29, 1901. Both the reports above mentioned proved conclu- 
ively that the nmaors and newspaper reports had been grossly 
XBj^gerated; that there was no blame attached to the planters or 
heir representatives, the condition of the laborers being the result of 
be (conditions existing in Porto Rico prior to their departure from 
bt country, and not a result of bad treatment en route or upon 
irrival. These reports refute the statement of Judge Humphreys. 

PLANTATION MEDICAL ATTENDANCE. 

The doctors resident in these islands, like doctors in every other 
»rt of the world, depend for their practice on the residents in their 
ririoit}% No statement has been made by the Planters' Association 
;o the effect that the plantation retained the exclusive services of med- 
^'al men; all that has been said was that they furnished free medical 
Lttendance to their laborers. The doctors in the countrj^, wherever 
they can get the appointment, act as government physicians, planta- 
tion doctors, and private practitioners. 

The attempt to prove that the benefits derived by the plantations, 
from the fact that their doctors are sometimes government physicians, 
amount to the taxpayer paying half the cost of the medical attendance 
of the laborer, does not need further comment. 

PORTUGUESE. 

Mr. Vivas stated before the commission that nearly all the public 
landj were taken up by plantations and that there was no show for a 
\Kx>T man. In reply to this it may be said that efforts have been f re- 
ijUPDtly made to get Portuguese to take up land and to secure planting 
•^mtracte, but, with very few exceptions, these efforts have been 
unsuccessful, the majority of Portuguese preferring to work for day 
wages to the taking of any risk connected with the raising of a crop 
for market. Should the Portuguese desire to take up contracts for 

H I— yr 3—03 9 



180 



HAWAHAN INVESTIGATIOK. 



the planting of cane, it may with confidence be stated that plei 
opportunities will be ^iven to them to do so; as thev are \ 
thought of and are considered a desirable element of our faborin^ 
ulation. Furthermore, if it could be arranged to promote the 
gration of Portuguese from the Azores or Madeira into these islam 
planters would receive them gladly and pay them wages consid 
in excess of what they could earn in their own country, or ai 
with them for sugar-cane itiising on a profitable basis to them. 

Table A. 





Chinese. 




Japanese 




Male. 


Female. 


Children. 


Male. 


Female. 


IMmORATIOK. 

A.ug. 12. 1898. to Dec. 81. 1898 


1,276 
803 
803 


181 

81 




93 

91 




3,730 

20,658 

4,665 


887 


Dec. 81, 1898. to Dec. 31. 1899 


4,922 
1,147 


Dec. 81, 1899. toJuneM, 1900 






Total 


2,881 


262 


184 


28.953 


6 956 






EMIOBATION. 

Aug. 12, 1898, to Dec. 31, 1898 


766 

1,330 

644 


38 

60 




88 

124 




800 

2,074 

697 


l&l 


Dec. 31, 1898. to Dec. 81. 1899 


417 


Dec. 31, 1899, to June 14, 190O 


15fl 






Total 


2,740 


98 


212 


3,671 


738 







Table B. — Exhibit of amount of inveatmenlSf Territory of Hawaii^ asof Jantuii 



Local sugar corporationB $51, 884, 500 

San Francisco incorporated plantations 21, 000, 000 

Sugar plantations unincorporated 1, 809, 500 

.-. 465,700 

250,000 



Coffee, fruit, and fiber corporations 

Coffee and fruit growers not corporated. 



$7 



Stock and sheep ranch corporations 625, 000 

Stock and sheep ranches not corporated 1, 805, 000 

Mercantile corporations 15, 318, 200 

General corporations (estates, etc. ) 12, 170, 670 

Business firms and enterprises not corporated 7, 567, 000 



Railroad corporations 

Foreign corplorations other than sugar 



Total estimated value business investments 1 

The following table shows the estimated amount of America 
invested in the above -classified enterprises through the island 



Sugar plantation interests 

Railroad interests 

Foreign corporations. . . 

Mercaniiie. general, ranch, and other enterprises 



Total 



Total capi- 
talisation 



174,694.000 

5.000,000 

2,662.500 

88,201,570 



120,568,070 



Amoimt ' 
American 
investmentfi. 



$56,020,500 

5,000,000 

1,950,000 

25,467,713 



88,438,213 



HAWAIIAN nfYXSTIOATIOK. 181 



AOQUISinOV OF LAVD BY COBPORATIOHS. 

To tJu honarakle Senate Otmimittee. 

(iE5tlkicen: In addition to statements already made by the Hawaiian 
sii^T Planters^ Association, we desire to call attention to the clause in 
4M'tion 55 of the organic act which provides — 

T)aX DO corporation, domeetic or foreign, shall acquire and hold real estate in 
[Uvaii in excess of 1,000 acres; and all real estate acquired or held by such oorpora- 
:ion or aasociatioKi contrary hereto shall be forfeited and escheat to the United Stetes, 
[¥21 existing vested rights in real estate shall not be impaired. 

ThL? provision apparently was intended to prevent the stifling of 
•ompetition and controlling of prices by cor{>o]'ations, and to encour- 
i|re the cultivation of smaU tracts of land by individuals. 

Even* right-thinking man desires that which will promote the best 
interests of the community in which he lives, and if the strict enforce- 
uent of this provision would promote the development of the resources 
)f these islands and tend to create a class of small f armers, and induce 
:be immigratioii of those who would acquire holdings and establish 
lomes, there would be no question as to the wisdom of the law. 

But, under the conditions existing here, we submit that the provision 
iriil not only fail in its object, but is a serious obstacle in the way of 
iie development of these islands. 

The paper upon the labor problem heretofore presented sets forth 
Jie facts as to the sugar industry being the great and chief industry 
)f the islands, and mentions the large capital required to establish a 
lairar plantation. With the low prices of sugar in the world's markets, 
Faulting from the gi'eatlv increased production of both cane and beet 
'ugar in the sugar-proaucing countries, the marj^m of profits is 
Secerning very smaU, and under the conditions existing here it can be 
pniducea at a profit only when cultivated and manufactured on a large 
en-ale. 

More than two-thirds of the cane grown in these islands is produced 
bv artificial irri^tion. Water for irrigation, in quantities sufficient 
to justify engaging in cane culture, can only be obtained from surface 
streams or by pumping from subterranean sources. 

These islands are of volcanic formation, rising abruptly from the 
sea to high elevations; and the rains fall mainly ui>on the northerlv 
ind easterly side of each island from clouds brought in by the prevail- 
intf northeast trade winds. 

Owing to the nature of the formation and to the rains, the exposed 
portions have been worn into deep gorges, with high ridges between 
them. In many instances these ^rges are from hundreds to thou- 
sands of feet in depth, with precipitous sides, and follow each other in 
close sQcoession, with but small areas of land between suitable for 
cultivation. 

For the most part the arable land is far removed from the source of 
the water supply, and to convey the water from the gorges in the rainv 
hf'lt to the and sections ditches of many miles in lengm are required, 
&> alsK) pipe lines to cross the intervening valleys. Dams, reservoirs, 
aod flumes are also needed in many instances. 

In obtaining water by pumping from below the surface powerful 
nnchinery and pipe lines of large capacity are required. 



132 HAWAHAK INVESTIGATION. 

To procure an adequate supply of water the expense involve 
the first instance, ran^ from 9100,000 to $500,000, and in maii 
ing these irrigation ditches and pipe lines and pumping plants 1 
expense is incurred. 

The machinery, buildings, and appliances necessary to manufs 
sugar on a scale to justify the undertaking costs also from $100,< 
$500,000 and upward. 

These conditions prevent the engamng in sugar culture b; 
excepting those with large capital, unless the small capital of 
persons is associated. This association is generally accomplisl 
means of incorporated joint-stock companies. 

Most of the sugar companies of these islands are incorporate 
the shares of stock are held by persons in every walk in lite. A 
corporation will have hundreds of stockholders. If profits are 
it does not result to the benefit of merely a few large capitali;; 
is shared by a large number of persons, many of wnom are oi 
means. 

While the yield of sugar per acre is occasionally large, from ei 
to twenty -four months elapses from the time the land is brol 
planting until the harvesting is concluded. Planting is general 
m the summer months, and the grinding is begun about Nover 
the following year and finished about the following June; tl 
crops overlap. Moreover, fields can not be continuously cropp 
must be allowed to lie fallow from time to time. Thus g( 
about three times the area of land is needed to maintain con 
yields than is required to produce a single crop. 

One thousand acres of land will permit of the continuous 
planting of about 300 acres, which is not sufiicient to jus 
venture. 

It must be borne in mind that in most instances the land suit 
sugar culture does not .interfere with the lands suitable for tt 
ing of rice, coffee, and other products. There are sufficient 
land available for these minor industries for all demands wl 
likely to arise for them. 

The 1,000-acre restriction does not apply to the mainla 
under the conditions which exist here, it not only fails to acM 
the object sought, but is a serious obstacle in the developmei 
country. 

If the provision can not be repealed, it should be modified 
reasonable wav. To make the restriction apply only to the ac 
of public lands would be less objectionable. 

We earnestly recommend the subject to your consideration 

A table is hereto appended giving the number of stockh 
each of the sugar corporations. 

Bespectfully submitted. 

Honolulu, Hawah, September — , 190i. 



hawahak investioation. 



188 



tatannU tkomang numbfr o/ttoekholden tit mgar oompanies repreaenUd by vofiovs ftrm§ 

in Honolulu. 



nantatkm. 



^r•^ H. DftTtai A Co., Limited: 

WftkkeftMUIOQ 

CtfpcekeoSQipir Co 

Uapftboe^ioe Snsar Co 

BABftkaaMUlOo 

rnkjoMmco 

MrBryde Sopur Co.. Limited. 
r Bnr«i« A Co., limited! 

C Bwww AOo 

UDomeft Saintf Co 

H-jOUttD SUSAT Co 

iUwmUan Airicaltanl Co .. . 

WAihiku Soiar Co 

I k 4AJla £iii9tf Plantation Co . 
f A. ^bMferACo.: 

HcAoUa Sogar Co 

P»cifie9QsarMill 

Bm kiM A Col. limited: 

KektaSOsarCo 

Kobala dogar Go 

Libne Plantatkm CO 

KJMhahi Plantation Co 

PinoeerMmCo 

Oahna^carCo 

Kokaia Ptantetion Co 

Hawaii Mm Co 



Number 

of share- 

holden. 



6 

32 

3 

7 

12 

686 

68 
92 
66 

103 
64 

163 

143 

28 

14 

U 

17 

20 

216 

483 

4 

1 



Plantation. 



Castle & Cooke, Limited: 

Apokaa Sngar Co., Limited 

Ewa Plantation Go 

Kohala Sugar Co 

Waialna A^xicuitiual Co., Limited. 

Waimea Sugar Mill Co 

W. O. Irwin d^TCo.. Limited: 

Hatchinaon Sugar Plantation Co . . 

Hakalau Plantation Co 

Hilo Sugar Co 

Faahau Sugar Plantation Co 

Olowalu Co 

Kilauea Sugar Plantation Co 

Waimanalo Sugar Co 

Honolulu Plantation Co 

Alexander A Baldwin, Limited: 

Haiku Sugar Co 

Paia Plantation 

Kihei Plantation 

Kahuku Plantation 

Makaweli Sugar Co 

Hawaiian Commercial and SugarCo 
B. F. l>ilHngham & Co., Limited: 

Olaa Sugar Co 

Puna Sugar Co 



Number 
of share- 
holden. 



1 
6 

604 
26 

646 



802 

15 

7 

802 
11 

116 
40 

171 

51 

74 

482 

88 

261 

Ul 

693 

21 



Hackfeld A Co., Limited^ Schaefer & Co., C. Brewer & Co., Limited, T. H. Davies 
k Co., Limited, Owtle & Cooke, Limited, W. G. Irwin & Co., Limited, Alexander & 
Baldwin, Limited, and B. F. Dillingham & Co., Limited, represent in all 43 planta- 
tions, with a totftl number of stockholders 6,306. 

Amoont of land suitable for coffee cnlture in the Hawaiian Islands, as estimated 
bv I>r. Stabbe in his report on the agricultural resources and capabilities of Hawaii 
bailetin Xo. 95 of the Department of Agriculture), 26,825 acres. 



MemftU Aofwing average yidd per acre of various sugar plantatwns for crops of 1900 

and 1901, 

[Short tons, 2,000 tons.] 





1899. 


1900. 


1901. 


1M.AND OF OAHU. 

E«m nantadon 




11.02 
6.98 
6.4i) 
2.44 


10.78 


VaiAttaeCo 


6.96 




Ki^Qkl] Plantation Co 


4.60 


W >rman*l^ SoaaT CO 




2.76 


R .M4q)Q Plantation Co 




7.60 


< *»hn r«nMr Co 




10 


9.16 


^' '^■*i<H;l*laDtatlon X ^ .............. .. ^ a.... 




6.84 


m^AKD OP KAUAI. 

' hT* Plantation Co 




4.60 
3.18 
4.22 
6.67 
6.74 

4.02 
8.12 
6.92 
7.18 
6.24 
6.86 


4.87 


K:ji Ida Sugar Co 




3.74 


Mikee Smear Co 




4.79 


Ria&ikn i^Qgar <V> 




7.19 


W UmM RMV Ml" Co . r r - - 




4.46 


XBLAKD OP MAUI. 

ir!|MhQh] Pogmr Co 




4.19 


"«".• Vttntation Co 




2.77 


B«.kQ9uEar Co - 




6.66 


RAvtiian C. h 8. Co 




6.88 


"V&IqOo 




4.86 


HKAmVinOo., UmitCMl 




8.46 



184 



UAWATLXS INVESTIGATION. 



SkUement ihawmg anerage yield per acre of variaas sugar pUxnMtUmt for cropit 

and iP01--<}oxitinued. 



ULAND OF HAWAII. 



WaiakeaMillCo 

Hllo Sugar Co 

OnomeaSngarCk) 

Pepeekeo Sugar Ck> 

Honomu Sugar Ck) 

Laupahoeboe Sugar Co 

Ookala Sugar Co 

KukalauMillCo 

Honokaa Sugar Co 

Kohalo Sugar Co 

Union MlllOo 

Hutchinson Sugar Plant Co . 
Hawaiian Agricultural Co ., 



1899. 



1900. 



139 

4.90 

2.16 

3.30 

4.09 

2.J» 

2.61 

4 

S.06 

2.9K 

2.90 

4.36 

S.96 



Sugar yields- of the Hawaiian Islands, 



Year. 



1895 
1896 
1897 
1898 
1899 
1900 
1901 



Area. 


Total 
yield. 


JLctct. 


TbiM. 


47,899i 


153,4191 


55,729 


227,093 


63,825i 


251,126 


56,2851 


229,414 


60,806 


282,807 


66,778 


289,544 


78,6181 


359,133 



Yield p 



Pounde. 
6,472 
8,148 
9.331 
8,306 
3,978 
8,672 
9,136 



Statement showing cost of production of sugar per ton on various plantatioi 

Honokaa Sugar Co 

Hawaiian Agricultural Co 

Kohala Sugar Co 

Hutchinson Plantation 

Kilauea Si^r Co 

Hawaiian &igar Co 



OahuSugarCo $47.00+ 

Ewa Plantation 36.62 

Kahuku Plantation 46.00+ 

Haiku SugarCo 57.00+ 

Paia Plantation 44.00+ 

Ookala Plantation 38.47 

Onomea Sugar Co 54. 98 

The foregoing statements are derived from the operating e 
and the tonnage of the various plantations for 1901. It must, of 
be borne in mind that these figures do not include the moneys e: 
for permanent improvements. Furthermore, this statenient i 
cost of production at the mill and does not take into considera 
cost of marketing the sugars. The cost of marketing dependn 
deal upon the situation of the plantation. On the island of 
this cost averages from $12.50 to $15 per ton. 

Honolulu, Hawah, September ^^, 1902, 



MEMORIAL FOE EECOMMEITDATIOH TO C0HGEES8 TO ] 
THE nTTEODVCTIOV OF CHINESE TJVSKILLED LABOR F^ 
CTTLTIVATION OF OUB PRODUCTS, CHIEF AMONG WHP 
STTGAB, BICE, COFFEE, BANANAS, ETC. 

To the honorable the subcommittee of the Commdttee on Pdcifit 
and Porto Rico of the United States Senate^ at present in lit 

Gentlemen: The undersigned, residents of the Territory of 
beg leave to respectfully represent to your honorable conina 



5 



HAWAIIAIf nnrBSTIOATION. 135 

r^pect of the labor conditioii8 and requirements in this Territory, as 
I lows: 
; L That the undersigned are, without exception,* aboriginal Hawaii- 
pr.^. bom in this Territory, who have always lived in the land of their 
h'rth. who know no other homeland who expect to end their days 

II. That by the provisions of nature the Hawaiian Islands were and 
■> made tiubject to the climatic laws which distinguish^ in a radical 
jd ;rn'^, the Tropic from the Temperate Zone, and which assign to the 
11 ii of the Tropic Zone a list of product^ very different from those 

r«»iui^ nearer the Poles, and which require cultivation and care 
tft-rinif wider in character from what is required in other latitudes. 

III. That the chief staples of our tropic soil production are su^ar 
t'.'i rice, with i-offee, bananas, and other fruits ranging in lesser uu- 
(» rtaoi*e in the list, but all capable of being produced with advantage 
a:. 1 protit when conditions of labor and tariff concur to favor their 
IT' "i notion. 

IV. That for several decades last past our principal and most profit- 
!»• product has been sugar, and that the conditions of soil and climate 

r. Hawaii combine to render it our chief stafrfe, both in inct and in 
j-r-.'-^pecL 

V. That the production of sugar in Hawaii has alreadv enlisted a 
\ i-t capital — mostly American — and that the prosperity of tte Territory 
i^ dlniost, if not quite, absolutelv dependent upon the prosperity of 
:h<> >ugftr plantations, if those plantations flounsh. If they decline, 
^ » ir poverty will mean the poverty and distress of the people of the 
T* rritorv in general. 

VI. Tbat it is essential, in the presence of prevailing conditions in 
:>• ^ugar industry throughout the world — affected as it is by tariffs 
-.' i U>unties imposed andprovided by the laws of different nations — 
: :«t the production of cane sugar should not be impeded or restrained 
' y unfriendly or inimical conditions if it is to survive upon a basis 
• : {profit. 

\ II. That the chief factor in the production of cane sugar in this 
T' rritory is the price and supply of unskilled labor for employment 
■r the field. 

VIII. That our local conditions show a great dearth of >uch labor, 
t' i that, in the face of unusually low prices for sugar, the cost of 
-.n-^killed labor upon our plantations is greater than it ever ha-* been 
> fore, while the supply thereof, even at the increased prices to which 
ad increased demand Iuls forced it, is still greatly inadequate to the 
n*-» i^ of the industry in our midst. 

IX. That in former years, and particularly during the period prior 
to 1'^:^^ or 1892, the unskilled labor upon our plantations was chiefly 
performed by Chinese, who, prior to IS-SS, were permitted to enter 
the Hawaiian Kingdom without restraint, and who then, and for some 
years thereafter, mrnished a very satisfactory and adequate source of 
bfior .*qipply for not only the sugar industry, but also for the cultiva- 
tion of nee and domestic service. 

X. That as a result of the Chinese restriction acts of the Hawaiian 
l^'iri^lature, the first of which was passed in 1888, the number of 
( hinese in Hawaii had become very greatly reduced from its former 
ijvTegate at the date of liie application of United States laws to this 
Ttrrritoiy in 1900, and that during the period of decline in the Chinese 



136 HAWAIIAK INVESTIGATION. 

population the numerous Portuguese element who had formerly 
introduced into Hawaii and employed upon our plantations \m 
the most part, worked out their labor contracts and deserted tho 
tations for higher grade and more remunerative employments i 
trades and other lines of service. 

XI. That as a result of the facts above stated the sugar plant 
of this Territory have been during late years, and they are 
almost entirely dependent upon Japanese labor, which is less 
factory and enective and much more expensive than Chinese lali 

XII. That the application to Hawaii of the United States st 
forbidding the entry of Chinese workmen into the United Stat 
the finishing touches upon a condition that had formerly thre 
the stability of our industries and involved them in diflScultics 
which they can not hope to emerge, unless through the medi 
legislation that will more tenderl}'' regard their elemental nee<i 
the supply of unskilled labor. 

THE RICE INDUSTRY. 

XIII. That all of the foregoing remarks apply, and with | 
force, to the rice than to the sugar industry: tnat the rice indu 
these islands in the past has been the most direct and efiicient 
of profit enjoyed by the Hawaiian people proper as distinj, 
from the community in general; that tne greater part of t 
lands of the Territory consist of comparatively small Kuleanas, 
by individual Hawaiians, whose chief or sole income consist: 
rentals paid by the Chinese lessees of such lands. 

XIV. That the great scarcity of Chinese labor during the li 
years has militatea most seriously against the rice industry c 
islands, and has reduced in great de^ee the income of the 11 
'^ small owners" of rice lands to a point where many of such i 
who formerly enjoyed comfortable incomes from their lands, a 
unable to rent them at rates sufficient to supply the necessaries 

XV. That as regards rice our experience has shown that i 
other than Chinese is adapted to or seeks employment in this i 
in Hawaii; that, in addition to a dearth of labor for the che 
duction of rice in our Territory, that industry is further men 
the tariff, which permits the importation thither of Japanese r 
this latter, in competition with our local product, has most eS 
aided in producing stagnation in the rice industry of Hawaii. 

DOMESTIC SERVANTS. 

XVI. That the climatic conditions of Hawaii are such as to 
the employment of domestic servants in numbers quite out of 
tion to those required by people of corresponding grades of j 
in high latitudes; and that, as a result of the conditions above s 
the supply of Chinese domestic servants in Hawaii — proved 
experience to be the best and most reliable — has so material! 
ished as to greatly incommode the people of these islands who 
and many others who wish to employ, domestic servants. 

CHINESE COMPETITION WITH HAWAIIANS AND WITH MSCIIA 

XVn. We believe it to be the experience of all caiie-su| 
ducing countries (as it is certainly the experience of Hawaii) 



MAWAJIAS UiJEbTL* 



y^yoLent ir»r >-. i AV^r ot rfc«:* <:<2^t z^^^s. ^I•-«?♦^ : r x*. '^riZttTT r.L^'i>» 

: p!^>ix>in<r cane by white skV^ r:>?*z_ir:£ "Litfr^'x ,\TT»^"-f "f-Ts > i^ii 

r.LTm Eui>:»peaLiL>i the ^xptr-iec^.-e <:i z^r^t^br^ if i»:« :c f ••izrrrH-?w. 

-; -tr-5» the as<c<^rtioa. It i> tr:^? i^smz HAiri_a^> at* riH 3:s:&c ^cuiric 

'> r pcAstAtion lA>>ivr5', '•'d to tr>rir <rre'iit r^ :i «i:»r 11H7 raj: u«i j: 

: -nipioynient l^ss? ari::>:Gs' or =»:-r* recL:z3H-rin''*. :-r S:ci^ !• tsi;'. 

>-f'--re, N? SLT>^pt^i fts a xrzzz. t2*x tz»^ rnrjoi^oa f *J'i._i ►*-;*» 



. ••r lor oar insLne ^n-i r:>^ ^r.*'^ wjcl-I poi^re i»: !«:ciz>rCJij:«L vjll 
. • rvr* of th^ white or KAw^'^r. rfc.*«>w 

XV ILL Tbat we Vli-rTe if tbe r Ar-ar'.g rwsfr^ rri^Iti .vrcta: ix 

, .aite supply of imskill-r-i Srli aV-c w-.iz. wr:»'i v T'Il::':. ":_i:— kT-*« 

. - 2Anre^ thfrir cr*:•t>^. %l n:e> •■f w%£«?s 7^'iz. ^^ w:«lji rr-^^i^ i:i»:H-r 

• '• -•rxiitionsi hr-r^i!! pr^y-e^i f:r. i^y <o;ui i£ -ri t. 4:iii w:»i^ii 

'. T more >ki*jed i^""«>r fr:c: ti>* Haw&i::^:. ajL«i wi_^e rfci^fri &t ':•*<:- 

:• r ^-xHe^i tii&n d-.»w or oc<L>i c-ci^rwint pc^-^^kL ix TZtt i„vr^^ j-^'»*^ 

" '* : I':«yment a|»n their e-CAtesw 

XI A- Thit we AT^ opp-«?eti to io-i ir^ ii?*:rir: ' -raje izrr>i:i:c~» a :=f 
. :L*»*r? of the C^oese or jAntz^e?*?' ri.!i^* *?- w~.„ '^•s**•♦r "Li^-tl. :c izx 



*irm^ ti.» o>n:e ::ito ozdp^mizc wrtr xz»t n^wiiika xz'i vji^i* 



•• • • 



\".- 



1 1 



e lu^ rciri>-A^ *ti oc^-er rLVJt»er zTM-^ri <t «=-ru: yrKr^T. 

i^ref».»re t <ir meoiriilirC^ rr^r tiiifcX T>zr iircii-rk-j*- -v clzl^t:-?** 



' -*y ^le pl*-*.'-^*! to n^B^e s:i_h r%^^- i * ^^» ^t\ ^s. ^^.i 1.: 7c-:ci«:«> <itLa 

. 'i n \t the C-- :igTv-?ci of the Uritc*i Sciie* ic* w-__ — 

:• intrL-icctioc into Eaw^ of Lrirrr*^ ii'^rrrr* 11. Ti^nVrv si:5r- 

Lt to meet tLe re^q-irk^-npez-t^ :f c^ir KAw^:iiki ii»i:;:^?5r>-? ri Z2i^ >Lr- 
; T .-.f uns-kill^l fieli A'^or. 

r. P^TTpil tiie entry i::to HAwmii :f -Qii Oiirje^ ircHsd- f^rrirl* 
.' i of Chinese t*>ai 15 ie izite^rir-r 10 '•"•^!^:ci*r i-iCH-rCi': ?*rrTjijiif k* zia.y 
- >-.jiiir^i for *:i\.-h ?erri« witr^* the T-rrriicry. 

'<. FenLit acy Chir>«^-?*" pe-r?*:* ?•:• *c:erir-r iikWLfl >: ^T.i^r^^ hl> 

■ . - r ♦ 'f eEC|:»!oyn>rnt at w:IL pr:-Ti.it*i r*? ?£akll r>:< "•!• jt^rm n-r-i : : r zZtT 

'L- r lines' •"•f ia-*>r iti^n that ^.-f j .cjr^O: or '=r.-kiljei kzt-'.'^'^tlL 'il'»: r. 

4. Permit the o:«nreii3ent patssfc^ Sb^k aaif nh: tHnr^' uie L»r?r rt 
.' : Hawaii of j-u- h persons a5 afor'sskii. r*::t wtli sr^ >^rt rr^T: /r- :o* 



» » 



»v:ie aiTii-'t tneir ecteraig :r.to *i3e* cf #-~r'-':7:=>r': icier Tr:ir: 
*: ^e a-<»ve iniicat^d. 

. Atf 'jni a reae«:»cable tariff pTT*w&?t to thir ri.-e i r:»i-.>-i :r Hi^ii: 
.: 1 t-l-^where in the United Sctir* a^air^< r>>e .f ii-^iiTi ^."'ni 
•* uj-ht hither for <»a--Tinip<f-OQ. 

*', Afford a rea5C-3a'*:4e tariff prxe^-tic-c to c:fr^ ir.ou/e-i i::: 
rijwaiu orel-^where in the Unit^i :sate>- airi-ic^t eif-^ :f fzTvir^ 
jr.wih hrought into the Union for *y:^T^^snj<i:'^ 

Darid Kawananakoa. John F. CV><;ira. C::ris. .^. H^'t. E. R. 
Adams. Enc^ Johnsoa. Jcin L. KA^ilzicru \L A- Kr^.bo- 
kaloie, Ein A. C- Lcic?. EimTmi IL Hart. Wr^- Kl 
BathtKuu F. W. Beckiey, Cria^ >ot>y. I^iar Tfs-ju W !- 
liam J. Coelho, J. A- Tl>:iG:p?«?n, r^- >L Ka-Ati.- j^. C^rlo? 
A- ij^>os^ G. EL Smither?, E. S. Tinjii^A, J. A- i^ ^^zLrz.in.'^^ 
A. S. Kepr>ikai. Geo. H. Hadiy, Jani-es L. Kc.t, Darid 
Kannha, Edvard H. M^^^I*"^ 



188 HAWAUAK IKYESTIGATIOK. 

Honolulu, Hawau, October 6, i5 
Hon. John H. Mitchell, 

Chairman Svbc(mmiittee on Pacific Islands and Porto Rico, 

United States Senate^ Washington, 

Sm: Inclosed you will find a certified typewritten copy c 
memorial or petition from the lepers at the settlement on Molol 

You will remember that I presented the original to you whi] 
were here last month, but as the signatures were made by p 
affected with leprosy, it was deemed best to have a copy ma( 
forwarded. 

The first pa^e is a translation of the memorial, which is writ 
Hawaiian on the second pa^e. 

It is not often that a petition is prepared representing so dec 
ing. The English translation does not adequately express thi 
ments stated in the original. 

There need be no hesitation about handling this copy; it 1 
come in contact with the original. The original was twice disi 
with formalin and sulphur. 
Respectfully, yours, 

William O. & 



[Translation.] 

To the honorable Svbcom/mittee of the United States Senate 

Corrvmittee on Pacific Islands and Porto I 

Gentlemen: We, the unfortunate residents of the leper set 
on Molokai, would respectfully present the following mernor 
tive to our position ana circumstances, and would ask you to 
the same and present it to vour colleagues on your return t 
ington: 

First. We beg respectfully to represent that we are here n< 
own free will, but at the instance and by the power of govei 
authority as a measure of sanitary precaution and protection 
community at large, and that our lot is a hard one by reason c 
pulsory separation from home and friends. The hardships o1 
are, however, softened to a certain degree by the freedom of 
here under the present system of rules and regulations. T 
we most earnestly deprecate and protest against any le^islatic 
would curtail our liberties and suDJect us to further and ^reul 
ships than we now have to endure. And in particular we wc 
test against any law being enacted tending to the separation < 
a measure which in our humble opinion would lead to serioiin 
ances without any commensurate benefit. 

Second. We would respectfully represent that we are not 
of transferring the care and management of the settlemei 
Federal Goveniment, but heartily indorse the position take 
honorable Secretary Cooper that the Territory is able to tak 
us. It is true there are many minor details which mi^ht 
improve our condition, but in the main we are happy and c 
under the present regime and earnestly hope that no chang 
made as far as governmental control is concerned. 



HAWAIIAK XHYESTIOATIOK. 189 

r^f rnea honohano^ ^£^ komite o ha aha senate no na pae aina 
I .thpika ame Porto Kico. 

En A Eeonimana: O makoa ona poe iloko oka Ehaeha e noho ana 
\ ke Kahua Mai Lepera ma ka Mokapuni o Molokai, ke waiho aku 
i me ka haahaa i keia Memoriala e Piii ana no kou makou kulana 
ie ke ano o ko makou noho ana, ke nonoi aku nei imua o oukou no 
oukou noonoo ana a waiho aku hoi imua a ko oukou mau hoa i ko 
iou nanmwa e hiki aku ai i Wasinetona. 

1. Ee hoike aku nei makou me ka haahaa, ke noho nei makou 
lanei, sole ma ko makou nutkemake ponoi iho aka mamuli no ia o ka 
iDft ke Au|[Mini no ka manao makee i ke ola o ka lehulehu, a he 
jjuia kupilikii no ia i kau iho maluna o makou mamuli o ko makou 
lokuwaie ia ana mai ko makou mau home ame ko makou mau 
jilmniftkA mai me ka lima ikaika. A ua hooemi iki ia mai nohoi ko 
&kou noho pili hua ana ma ke ano o ko makou noho ana maanei i 
^ia wa. Malalo o na rula Hooponopono i kau ia no makou i keia 
iiuiwa. Nolaila ke kue ikaika loa nei makou i kekahi mau hoopono- 
>Q0 hoa e laweia mai ana no ka hoohoiki a hooemeiia mai ana paha 
e aoo o ko makou noho Akea ana a hookau hou iho ina hookaumaha 
la i oi aku i ko keia manawa e hoomanawanui ia nei e makou. A, 
kue ikaika no makou i kekahi Kanawai e Hooholoia ana no ka 
•okaawale ana i ka noho pu ana o na kane ame no wahine, he hana 
a makou e manao nei e ala mai ai kekahi mau hounaele nui e loaa 
t' ai kekahi pomaikai. 

t. \ ke hoike nai makou me ka haahaa aole o makou apono e lilo ka 
alama ame na hooponopono ana o ke Kahua Mai Lepera malalo o ke 
.upuni Federalo, aka, ke apono loa nei makou i ke kulana a Hon. 
[ibuolelo Cooper i kalele iho ai ma ka olelo ana ua hiki no i ka Ter- 
ore ke malama ia makou. He oaio he lehulehu no na mea i manao 
1 e hiki ke loaa ia makou ke hoomahuahua ia ae ke ano o ko makou 
obo oluoin ana aka ma ka hoomaapopo ana ike ano o ko makou noho 
na i k(ia manawa ua loaa no ia makou ka noho oluolu a lawa pono no 
oi malalo o na hooponopono ana a makou e noho nei a o ka makou 
ini ame ko makou manaolana nui aole loa e hoololiia ae ko makou 
mlama ia aoa malalo o kekahi aumini o koa. 

Chas. M. Brewster, John Kiaaina, Mary Lucas, Emily Hale, 
John Bell, S. K. Moses, Keliiwahee, Gusimoritoi, D. Ejto- 
pna, Wm. E^apela, jr., Keliimakakoa, Silas Carter, Mary 
Smith, H. K. Pahau, John Eapuni, Kaholomoku, Moses 
Pokini, Kanohola, Kaha Kamoku, Kauahine, Clara Kaua- 
nai, J. Uha, Maewaewa, Umiumi, Lucy F. Robinson, Anam, 
Eapakupiula, Kahanahui, Lau Fan, Ah Chong, Ah Sing, 
Wang Pang, Ah Nee, Samuel Paahao, Kahaio, Iwa Ellen 
Ako, Halauwai, Shus Tai, Aheana, Naihepahee, Lai Ping, 
Kum Tai, Hennr Jack, Wong Fook, Malaea Keawe, Hoo- 
kano Kuhao, Kuakini Harbottle, Ane Palea, Chong Kee, 
Eaaukai, Kamai Keauhee, Yoang Sing, Kamakele, John 
Kalua, J. Bishaw (his x mark), Kauina (her x mark), Nawa- 
elua, Hoopii, Luisa Malokai, K. Kuhia, Keonaona, Ka- 
maka, Koloa, Lahapa, Alex. Kobinson (his x mark), John 
Kaahiki, Hina, Adam Smith (his x mark), Ane Maipene- 

Sine (her x mark^, Luikapiiono, Eahaulelio, John Papu, 
akau Wahine, Moses P. K. Kaleouli, Miss Halaulani (A), 
Alexander Smith, Imiola, Annie Kalehua, Kanalihau, lone 



142 HAWAIIAN INVESTIGATION. 

Veleiuka, G. W. Haieuanelio^Sol. Ealanikau, Uilan 
Sulia Kinoole, Mele Manoiki, Keonaona C. Eopena, ] 
Paila, Ellen Palea, J. Levi Kainana, Naihe rakai 
Makaila, Kahula, Kalai Hehele, Peter Kaleo, I. N. 
akuni, Mooni, J. H. Imibia, Mana, Eekipi, Lohi ^1 
Paha Pohina, Haliaka Lui, J. Eekuewa, Eapeliela 
loa, loane Koaiai, Akeoniki Poo, Mary Aarona 
Eeahi, Eela Liilii, A. Elaanaana, Kolaeoa, EaiU 
Aika, G. EAoha, Ltiika Eeaka, Wm. B. Lapilio, ! 
Lapilio, J as. Bick. Joanna R. Testa, Ohu D. £ 
Eiunaka (w), Aikake Pualewa^ John Kahaku, Eal 
X mark), Eeakahu, Eeawe Kuliu (his x mark), Kar 
A. Hoomana, L. K. Eapaa, Anakalea (his x mark) 
Hoomana, Eawahauila (his x mark), Eahai, B. K. 
Joseph Kahananui, Simeona, G. Eeliilawaia, K 
Kamakaipooa, Hopoe, J. Loho, Moluhi, Kaaipol 
X mark), Kuanana, Mary Ann Senna (her x mark), I 
Julius Dudoit, Ealehuapau, Kanoe Kuli, Loisa Pa 
Hookaumaha, Haliaka, Jno. Eahilina, Eaolelo, 
Kuamoo, Eamala, Nauahi Ane Nauahi, T. L. Kani: 
luhi, Fred Wills, Ealama, Eai, Eamaka Eauluwai 
Sol Eu, Eamai Eapule, Eeoneula, J. Eaiewe 
Eaaepa, Omao, Eimo Eauahi, E« M. Ealunakaalu 
Eipi Hale, Eelaukila^ Eeaniani, E. W., Mele Kaii 
LaKe. Eine Eealakai, David Beniamina, Emma ] 
Lepeka Eapahee, Lilia Apelahama, G. W. K. P) 
John Cullen, Namaka, G. Halai, Makua (his x mar 
Punohu, Hukia, J. N. Eahakeanu, Eaapuni Kahs 
Luka Eeoneula, D. Eapae, D. Napahuela, Jenney I 
Waimanalo Eopa (his x mark), Eaaiohia, Anal 
Ealua Mamaikona (kona x kaha) Moiapo, Marj 
(her X mark), Ealai Nortco), J. Kane Kupa, Lili 
Nika, Mileka Eapewa, Holo Mahana, Mahana, A 
Mealani, J. Halekii, Eaomi, Kaehu Ealame, Cha 
George Eanoa, Willie Ealani, Pua Mika, S. Ke 
Eaumauma, Eeola Eamali, Papukoa, J. E. Kainui 
hoe, Manu, Pf!i, Ehu, Eaukali, Paha, J. EAaihue 
amu, Henry Brown, Gab. Eamali, Au^sta di 
Pupu Liilii, Manuia, Eiaba, Richard M. jPahau, 
Pahau, Jno. Naluai, Rose Joe, Wm. Eeaouli, 1 
Pelapela, Makanoe, James Prosser, Geo. Keolan 

Daniela, Hale Kauhola, Nuuanu Eealoha. 

« 

Territory of Hawaii, 

Island of Oahu^ as. 

I hereby certify that the foregoing instrument of 10 page 
and correct copy of an original of a memorial and signature.^ 
leper settlement at Molokai. The same having been com] 
verified by me and found to be correct, excepting that a ti 
signatures were so imperfectly written as to make it difficu] 
scribe them with absolute certainty, and three were illegible 

HoNOLtTLU, T. H. , October -^, 1902. 

[seal.] Wm. J. FoBB 

Notary PuhUcy First Judicial 



HAWAIIAN imnSTGIATION. 143 

» th< ftnhcomfniUee of the Senate (hmmittee on Pacific hUmde and 
/Vfo Rico. 

Honored Sibs: 1 have deferred presenting this, thinking that in the 
«ir?e of your investigations some one or other of our prominent 
tizens conversant wi& Hawaiian affairs would speak or touch on 
tme phases of the political situation that, to my mind, has an impor- 
iot bearing on existing local conditions. This has remained for me 

> do, however, and as far as 1 am able place the matter before you 

Living and coming in daily contact with the native Hawaiians, speak- 
\% their language — in fact, one myself — it is but natural that I should, 

> a large extent, share their views and sentiments, especially on 
ue>tion8 affecting their political rights. The electorate is largely 
lawuiian. To properly understand his position and the reason of his 
resent attitude toward the local administration it will be necessary to 
lake a brief reference to a period of Hawaiian history prior to and 
iimediately preceding annexation. 

After some years of political inactivity the Hawaiian x)eople, seeing 
II hopes of restoration nad passed, naturally looked to annexation as the 
iming point in their political career, and expected, as Americans, to 
ojoy all the rights and privileges of American citizensnip. Their expec- 
itions were not to be realized, however, for not only was the same 
A4tnarchical system maintained, under cover of the American flag, in 
ko new Territory, but all the local administrative power was to 
emain in the same hands. Thus was engendered and raised anew the 
(vling of resentment on the part of the electorate, resulting, as was 
Pen at the first general election, in the defeat of the Republican party 
t the polls. Here you have, as well as 1 can describe it, the true 
(^ling and sentiment of the native Hawaiian at the present time and 
he position he assumes toward the local administration. Unfor- 
unately for the Republican party in Hawaii, nearl^p^ all of the promi- 
ifnt men concemea in the overthrow are among its most influential 
eaders. 

Like all good citizens having the interests of the Territory at heart, 
K> one desires to see the present political tension continue. It must 
)e remedied; if not by ourselves, then by Congressional action. To 
DT mind, county and municipal government affords the only solution. 
iVith all due respect to the opinions of those 6pposed to a change of ^ 
nr administrative system, I state it as my candid opinion that noth- 
Tx% short of the total disintegration of the present monarchical gov- 
^mment will fully reconcile uie electorate to their new conditions and 
ij^-omplbh what is very much desired in this Territory at the present 
time— a peaceful community. This may be a radicaCl view to take, but 
it required radical means to overthrow the monarchy. 

lo advocating the change, let me present some practical illustrations 
Df the working of our present centndized government as applied to 
the country districts. As chairman of the Waialua road board I am 
reuuired by law to furnish bonds. No salary is attached to the office, 
ma vet miany of the salaried officials of the central government who 
have the receiving and paying of large sums of public moneys are not 
r»;<|uired to file any bond whatsoever. The people in the countrv 
^i';trict8 have no voice whatever in their local administration, all 

fcials being directly under the control of the department heads and 
>jM]ect to Uieir direction. The local taxes of whatever kind or nature 



144 HAWAUAN INVESTIGATION. 

are collected and deposited in the treasury, the taxpayer hav 
yoice, except through the legislature, how tne taxes shall be exp 
The only exception is the road tax, an insignificant sum. All 
the law distinctly states that this fund is available to the res] 
road boards, the moment it is deposited in the treasury by a 
trary ruling it can not become so until so notified by the depai 
Not only this. A recent order of the department makes it obi: 
on road boards to first obtain its approyal of contracts for roa 
of $100 and oyer, when the law goyerning public contracts spe 
places the amount at $500. Even in the only instance where 
provides for local control of public funds every restriction ima 
IS imposed by department heaos. rendering the object of the la\^ 
cally useless. An instance of tne gross injustice in the distrib 
public funds might be illustrated in the case of Waialua, where '. 
Waialua's present taxation returns to the general government 
to $52,700, in round numbers. Waialua received back, to be e; 
in the district in the shape of road funds, salaries of ofiicials, ( 
than $17,000. The sum of $35,700, or nearly 70 per cent of 
taxation, therefore constitutes the people of Waialua's cont 
for the improvement of Honolulu's streets and the benefit 
communities. If this is not taxation without representation i 
door to it. These are only a few instances of the one-sided 1 
of our centralized system where the people who control know 
of the needs and requirements of the outside districts. 

As I have already publicly expressed my opinions on city an 
government in answer to the opponents of tne measure char 
natiye electorate with incompetency and irresponsibility, I 
take up the time of your committee by reiterating them here, 
it to say that, whatever the system, surely none can be found o 
that will equal the present one in extravagance; for when 
ized that for administratiye purposes alone, exclusive oi 
expenses, over a million dollars a year is expended, equal t^ 
$7 a head for eyery man, woman, and child in the Territory, tl 
aside from its oligarchal features, ought to afford ample reas 
speedy change should be made. 

Respectfully submitted. 

Curtis P. I 

Waialua, September! ^4^ 190S. 



Commission of Public LAKr>s, 

Territoby op HAyrj 
Honohd/u,^ September Ji 

To the Chairman Subcommittee of the Senate Committee 

on Pa/yijic I%lamd% and Porto Rico^ Honohdu^ Hawaii 

Sir: In compliance with your request, I beg to forward ; 
with the inclosed statements showing receipts and exp>en< 
this department during the year ending June 30, 1902. 
Very respectfufly, yours, 

Edward S. Bo 
Commisaioner of Public 



HAWAnAN INVESTIGATION. 



145 



Memoranda regarding the HdwaUan puUic lands. 

'^tatement^ relating to the public lands of the Hawaiian Islands were 
Mi>hed in various reports which have been presented to Congress. 
uong them are the following: 

Blount^s report., 1893: Hawaiian Lands, by C. J. Ljrons, on pages 
» t4> 4i9. Sdorgan's report, 1894: Evolution of Hawaiian DandTen- 
r*-, by S. B. Dole, pages 56 to 66. Report Hawaiian Commission, 
i*^: Report Committee on Public Lands, page 96. Report Commit- 
• on Territories, 1900: "The division of Mahele," 1846-1855, page 
: 'The Crown lands," page 69; "Statement regarding surveys in 
iwaii." bv Henry S. Pritchett, page 104; "Hawaiian public lands," 

S. B. Dole, pages 105 to 108. 

iVrbape^ the most concise and yet clear statement of the status of 
.• title of the Crown lands is that of J. F. Brown, on pages 69 to 71 

the report of the Committee on Territories of the Hfouse, above 
ferred- 

Receipte pubUe lands office during the year ending June SO, 1902. 

LAND REVENUE. 

(3^neial kases $95,577.93 

Rigbt-of-porcbaae leases 5,286.20 

Okaleaaes 193.23 

Fnokapa leases ^... 21.00 

Migftrikneoas 1,233.60 

t«reet homestead 355.34 

>r«ecial agreements 1, 087. 63 

OUaagTeements 61.00 

Fees 66.50 

f 103, 886. 09 

ta«I aaiee: 

Right-of-purchase leases 9, 518. 07 

>:pecial agreements 1,902.14 

Homesteads 1,288.88 

Oittlots 12.40 

CaahMlee 315.00 

13,036.49 

116, 923. 18 
SUOement of expenditures for the year ending June 30, 1902. 



Item. 



i-f«uiuanon«r, 



lbh "fv^T^taiTaDd sabafOBt, fifth land district 

ilifT *rf clerk and patent clerk , 

iUrr , .( measeni^ for rwistry of conTeyanoe and land office . 

»T ' -i ^uhagent. Ilr«t land district , 

kT(.fcl«rk and ranger, first land district 

tT i%f nibtgent, second land district 

k> iiraUgent, thlidland district 

pr'frabsfent. fourth land district 

k. < f «tibt««nt, rfjcth land district 

t^ '( r&ofer. second land district 

«.• of rtQfer. thinl land district 

IT "fnuuper. fourth land district 

r. fruger, fifth land district 

t^ilentsls (Including land-patent books, etc.) 

t» ^ » ling expenses 



■•^ 



:ijf, 



nuiDf 

'^i '^ ^-xpeaaes 

^~ftr>'rasdsand txmils 

ipuisa filing boondarj certificates 



Totsl 



Appropria- 
tion. 



•7,200.00 

4,300.00 

2,400.00 

1,800.00 

2,400.00 

1,9)0.00 

1,200.00 

960.00 

1,200.00 

720.00 

720.00 

720.00 

720.00 

720.00 

6,250.00 



7,000.00 
800.00 



88,710.00 



Expended. 



t8,«)0.00 

2,100.00 

1,200.00 

990.00 

1,000.00 

600.00 

600.00 

480.00 

600.00 



860.00 
860.00 
860.00 
860.00 



876.70 

145.00 

1,224.52 

1,118.88 



70.60 



15,960.70 



H I— PT 3— Os- 



lo 



146 HAWAIIAN Iir^BSTIGATION. 

August 31, 
James G. Spenceb, Esq. , 

ffonohtlu. 

Sir: I am directed by his excellency the minister of the inl 
acknowledge receipt of your application under yesterday's d 
continuance of the privilege granted you as a tenant at Hans 
lama for another year. 

I am further directed to say that the government does not 
lease the premises to a regular tenant, as that would to s 
extent expose the adjacent water supply to trespass and ini 
yet he really appreciates the fact of your having repaired at < 
able cost and saved from decay the house which you are no\^ 
ing, and for the reason that the government has no use at pn 
the building, and that he considers your occupancy to be t( 
extent a protection to the property, he consents to your rem 
charge as tenant for another year at a rental of $50. 

I am further directed to thank you for your offer in i 
removing the Lantana from the portion of the premises occ 
you. 

I have the honor to be, your obedient servant, 

J. A. Hasseno: 
Chiej 

IiniCBiOB Office, September 

Received September 4, 1891, from James G. Spencer, the 
for the use and occupation of a portion of that tract or 
land situate in Nuuanu Valley, and known as Hanaiakams 
same being bounded as follows: Beginning at the entrant 
Nuuanu avenue, thence following the road along the edge 
E^o patches to a stake marked ^'^X;" thence mauka, passi 
including a certain concrete bathing place, to the Puiwa ra 
along said road to the Nuuanu avenue; thence along said 
the starting point, including the buildings thereon, a8 tens 
It is understood and agreea upon that the said J. G. Spene^ 
on water from the Government main (paying therefor the 
and to expend a sum of not less than $300 in sundry rep 
dwelling nouse, the water to be laid on and the repairs t 
house made within six months from the date hereof. A 
improvements shall revert to the Government. From an* 
expiration of six months the Government ma^ reenter and ix 
sion of said premises after an additional six months, due 
which to be given said J. G. Spencer. 

C. N. Sfenoeb, 
Minister of . 



September 1 
Mr. Edward S. Boyd, 

CommiMioner of Public Lcmds^ Honolvhi^ Hawaii Tem 

Dear Sir: As you have asked me for particulars regardii 
of Hanaiakamalama, I gladly furnish you with the same. 

The charge that the lease was made to me by the presei 
ment because of my connection with the Chamber of Co 



HAWAIIAN IKVB8TIGATI0N. 147 

ithout foandatioD, and is untme. The original arrangement was 
adt" with the minister of the interior under the monarchy, and long 
>fcire I was an officer of the chamber. 

The property fras bought by the goyernment from the estate of 
[ueen Emma because of the water rights belonging to it, which were 
ki^uired at that time in connection witn the supply of water for Hono- 
ilu. At that time, or soon after, plans were made for a filter plant 
D the premises, lack of funds up to the present date preventing the 
uTving out of these plans. 

T&e goTemment haa at no time felt justified in renting the premises, 
nd for years they were unoccupied and an expense to we government 
Dr caretaking, as I was informed, of $40 per month. 

The house was leaking, the woodwork being gradually destroyed by 
at» and borers, and the outbuildings disappearing through drafts upon 
bem for kindling wood, windows, doors, etc., being carried away, 
nd the old trees being cut down for firewood. 

It being necessary to the health of my family that I should obtain a 
evidence at a certain elevation, I made a proposition to the govern- 
[lent to take charge of the premises, put tnem in habitable condition, 
ZDore or make fnends with the ghosts supposed to be in occupancy, 
i^revent destruction of trees, eto., on condition that I should have the 
hee^ rent free, until such time as the government should require the 
itoperty, would sell it to me, or would rent it for a term of years. 

Ttiis proposition was accepted, but in order to protect me in the 
atky necessary to make the house habitable, by giving me a year's 
lotioe of its requirement by the government, it was agreed that a nom- 
Qnl rental of $50 per year and water rates he paid hj me. 

1 have at all times been ready to lease the premises for a term of 
ear>, or become a bidder for it should it be put upon the market; 
Hit considering the purpose for which the property was held by the 
rvn ( rnment, any proposition to this effect has not been considered. 

In addition to the saving to the government of the expense of a 
aivtaker, which I have practically b^n during the term or my occu- 
ttncr, I have expended between two and three thousand dollars in 
"epairs and improvements. During the j)ast year I have expended in 
iking roadway, walling up gateway, repairs to building, and removing 
:intana, several hundred aoliars. 

The place is being kept intact for the purposes of the Honolulu water 
vorb^ and an^ insmuations that I am in possession of the property 
\n.v^viso of action by the Honolulu Chamber of Commerce or because 
>f any improper support lam able to give to the government through 
that body, is absolutely false. 

\ ery truly, yours, Jas. Gordon Spenoeb. 



OOMMIBSIOH OF PUBLIC LAHSS. 

The lease of 12,000 acres of the land Puuanahulu was sold atpublic 
Ki<*tion, on the 31st day of May, 1898, at 12 o'clock noon, at Kailua, 
N. Kona, Hawaii, for a term of twenty -one years, at an upset rental 
r-f ^150 per annum, payable semiannually in advance. 

The lease was sold to Messrs. Hind & Low at the upset rental named. 
Among other provisions of the lease are: 

That the lease is upon the express conditions, viz, improvements to 
the value of not less than $2,000 to be made within three years of 



148 



HAWAIIAN INVESTiaATiaK. 



date of lease; all Ian tana upon the leased tract to be rooted out di 
said period of three years, and spread of same to be prevented. 

Stone wall to be maintained across mauka (upper) bouadary of I 
tract to and into flow of 1859, and wild cattle above quch on souti 
of lava flow 1859 to be destroyed. 

One hundred and fifty acres of leased tract to be planted in ] 
( Algeroba) or other valuable forest trees. The sum of $50 per y 
be expended in exterminating prickly pear during term of this 
or until such prickly pear is exterminated. 

Holders of surveyea lots on Puuanahulu shall have the privi] 
taking dead wood from this leased tract or live trees for bail^ 
fence purposes. 

Map herewith shows the portion leased. 



COMPABATIVB. 



Total number of cases by years: 



180&-99. 


1900-1901. 


489 
bS9 


647 
780 


1,028 


1,427 



By divisions they were as follows: 



Cilminal , 
Divorce . 
Eqnity.. 
Law 



Probate 



Total. 



1898-9 



1 
4 



1,< 



GOMMIBSION OF PUBLIC LANDB. 

Approximate receipts from Crown lands from January 17, 1893, to Septemf* 

Right-of-pnrchase leases 

Cash freenoldfl 

Cash sales 

SDedal agreements 

Olaa lots 

Olaa leases ^ 

Puakapu lots 

Puukapu leases 

Kalmu and Waiakolea leases 

General leasee (rents) 



HAWAUAN iirvEsnaATioir. 



149 



I 



V 





be 



9 



|5 fS ^5 

§:» J-a -SS 



QO 



U C)0 o 



'Ipil Is ?l ^ 



I 
I 

a 

3 
3 




s 

• 



» 



S 









8 



S 





8 


888SS 


88 


88 


88 


8 


88 


888 


8 


8 


88 


8 


r 


§ 

i 


^ •» 


100,000. 
85,0pp. 

127,720. 

2.000. 
10.000. 


3ii 


80,000. 

25,000. 

5,000. 


s' 




5,000. 
7,600. 


S 






I 

M 
M 






S § 



3 -a 



§ 















•3 



is 

pes 

5s 



8 



8 8 

■ • 



8 

a 



8 



C<l 



8 SS8 as S 88 

i Hi it i H 



t-«« 



8 



^ 



c 

2 



i 



I 



I § 



9 9 



S 



I 



So oqSS SBod 00 So 35 

m * M .k » .h • •* » 



9 



2? 



s 



3 § 



I ^s§ g§ « IS 8 



3 



S 



CS 

o 



e 



e 



fl 
o 

O 



8 



<do o o 




o fl 

t 2 



e e 

o o 
fl fl 




Pi 



1iigr:li 






5 




I 
II J I II I II Hilt 



I I 



S 5 a 






J4 

o 
a 

o 

n 



fl 

o 



I 



1^ 

5 



« 


8 88888 88 


88 


88 


8 


8 888 


8 


8 


88 


8 


I 


i tmt n 


§9 


800. 
810. 


§ 


200. 

600. 

670. 
180. 




i 


000. 
000. 


i 


< 


9 • {fa* 


2» 


.s 


« 


67. 
101, 


« 


lO 


lOiO 


•H 




>> |£ 



o 
M 



1 il 



1 1 1 



1 llf i 



lll'lll'l ri ll I'M a 

lilpli iini 




ii 



f 






i' 



isi 88 SS 8 8 8 S 8 8 : 88 88 88 SSSS SS 888 

p II Hiiii iiiMiilipllii! 



I 



1 



i I 



lis 



i j iJM l ig ilialitfii 



sill 



|1| 



! i «i 



8 88 8 88 88 88 88 88 

i ii i U it H m §§ 



ill 



I ai 



I si I It II l« If 13 i: 



'!= 



a SS Ei II SS !3 a 



J, 



III III 



ifeft-iil- 



I 



I K «llip liMKPppii 




M iiil i! 



i|iyliljii|ll 



152 



HAWAIIAN INVESTIGATION. 



I 




a 



o 9 



111 t |i 

-II ii'- 



•? & 



I S 



8 8 8 88 8 88 S8 



g S 



00 



ss 



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o a 



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9 9 9 



9 S I 
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8 8 8 



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■ 

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s 



00 S> 00 



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3 SS 

•-9 ►^in 






8 S g §S 



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e 

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•S IB 



o 



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3^ 

OS B 

ng 

Op 

SI'S 

•EaS 



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o 



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8 8 8 88 8 88 88 
8 8 g 8g 8 8^ d^ 



«k *k fk. M Pk 

«o -« cT -^co 



8 



I 

o 






a 

o 

I 

O 
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2 I 
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13 



I 



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5 

c 



£ 



a 

o 

» 



HAWAIIAK imrKSTIOATlON. 153 

This iDdenture, Dude this day of , A. D. 18 — , between 

le commis»ioDere of Crown lands, of the first part, and 

' the ^«colld part, witoesseth, that for and in oonsidevalion of the 
nt<. t-oveuuites and a^reeaients hereinafter reserved and contained, 

1 the put and behalf ox the said part of the second part, 

ut'Utors. administrators, and permitted assi^pos, to be paid, kept, and 
erformed, they the said parties of the first part, by virtue of the 
ithority in them vested, by the act entitled ^^An act to relieve the 
•yal domaiQ from encumbrances, and to render the same inalienable,^ 
^proved January 3d, 1865, have demised and leased, and by these 

[v^Dti do demise and lease unto the said part of the second 

lit, executors, administrators, and assigns, all 

[<>'lic the timber trees, and all young tre^ fit and prc^r to be raised 
]>] pn^rved for timber trees, now growing or bemg, or which shall 
^r*rafter grow, or be in and upon the above-demised premises, or any 
ut thereof; together with free liberty of ingress, caress, and regress, 
» and for the said parties of the first part and their successors in 
So. To have and to hold, all and singular, the said premises above 
entioned and described, with the appurtenances (except as before 

:^vpted) unto the said part ot the second part» execu- 

r^, administralors, ana assigns, for and during tne term of 

"ar-. to commence from the day of A- D. IS — , the 

id fttrt— of the second part, executors, administrators, and 

-i'ns. yielding and paying therefor during the continuance of the 
1 . term unto the said parties of the first part and their successors 

•»riice the yearly rent of dollars over and above all taxes, 

larir^'s, and assessments to be levied or imposed upon the said prem- 
^ Sr legislative authority: Such rent to be paid by equal half- 

^riy ins^ments in advance on the days of and 

*'x> h year. The first payment of the said rent to be made on the 

day of . And the said part — of the second part for 

and executors, administrators, and assigns, do 

>'^!^nt« promise, and agree to and with the said parties of the first 

in and tneir successors in office that the said part of 

le -et*ond part, executors, administrators, and assigns, shall 

j'l will well and truly pay, or cause to be paid, unto the said parties 

f the first part, or their successors in office, the said rent 

^'\e i'e>erred, clear of and over and above all taxes, impositions, 

■jiT':^, and assessments whatsoever. And also that the said 

urt of the second part, executors, administrators, and 

'^:.ri>. shM and will, from time to time, during the term of this 
:"^ut demise, bear, pay, and discharge all taxes, charges, imposi- 

' N and assessments, ordinary and extraordinary, whicn may here- 
^*' r. at any time during the continuance of the said term, be laid, 

'"^ assessed, or charged on the said demised premises or any 
un thereof, or upon anv improvements made or to be made thereon, 
' A . j<h may be impose<f or cnarged on the said parties of the first part, 
r tli^ir .<^uocessors in office, for or in respect of the said premises, or 
f} (art thereof, and shall and will indemnif 3* the said parties of the 
>' |«rt, and their successors in office, of, from, and against all dam- 
:* \ o Kt8, and charges which they may at any time sustain or be put to 
' r^^on of any n^Iect in the due and punctual discharge and pay- 
-'t of the taxes, impositions, charges, and assessments. And also 
-it the said part — of the second part, executors, 



154 HAWAIIAN INVB8TIOATIOK. 

administrators, and assies shall and will bear, pay, and discharge, a| 
his or their own cost and expense, all costs and charges for fenciDg 
the whole or any part or parcel of the above-demi^ premises, if 
such fencing should so be required by any law now in force, or that 
may be hereafter enacted by legislative authority, and shall and will 
indemnify the said parties of Sie first part, and their successors in 
office, of, from, and against all damages^ costs, expenses, and cbar^ 
which they may at any time sustain by reason of any neglect or refuel 

of the part — of the second part, executors, administrators 

and assigns in the jperformance of the premises and agfreements last 

af oresaia. And also that the said part — of the second part 

executors, suiministrators, and assiras, shall not, nor will ai 

any time during the term hereby granted, ao or commit, or permit oi 
suffer to be done, any willful or voluntary waste, spoil, or destruc 
tion, in and upon the above-demised premises, or any part thereol 
or cut down, or permit to be cut down, any timber trees or any tre^ 
fit and proper to oe raised for timber trees now growing or being, c 
which ^all hereafter grow or be in and upon the above-cfomised prec 
ises, or any part thereof; and will, at the end or other sooner dete 
mination of the said term hereby granted, peaceably and quietly leai 
and yield up unto the said parties of the nrst part, or their success 
in office, all and singular the premises hereby demised, with all m 
tions, buildings, and improvements of whatever name or nature, n< 
on or which may be hereafter put, set up, erected, and placed up 
the same, in as good order and condition in all respects (reasonal 
use, wear, and tear excepted) as the same are at present or may he 

after be put by the said part — of the second part, execute 

administrators, or assigns. And also that the said part— 

the second part, executors or administrators, or any of the 

shall not, nor will, at anv time during the continuance of the :: 
term, assign over the saia premises, or any part thereof, to any ] 
son or persons whomsoever, without the license and consent of 
said parties of the first part, or their successors in office, in writ 
under their hands first had and obtained for such purpose. 

And the said parties of the first part, for themselves and their 
cessors in office, do covenant, to and with the said part — of the 

ond part, executors, administrators, and assigns, by these t 

ents, that the said part — of the second part, executors, a<J 

istrators, and assigns shall or may at all times during the said i 
hereby gmnted, by and under the rent, covenants, conditions, 
agreements herein contained, peaceably and quietly have, hold, occ*! 
possess, and enjoy, all and singular, the said premises hereby den 
and every part and parcel thereof, with the appurtenances (exce 
before excepted), without the let, trouble, hindrance, molestation , i 
ruption, and denial of the said parties of the first part, or theii 
cessors in office, or of any person or persons whatsoever, Ihtw 
claiming, or to claim the same, or any part or parcel thereof : 
vided aiwayH, and these presents are upon this condition, tliat 
shall happen that the yearly rent, hereinbefore reservea, s\it 

behind and unpaid in part, or in all, by the space of days 

the same ought to be jmid, according to the reservation afov< 
whether the same shall have been demanded upon the said demised ] 

ises or not; or if the said part — of the second part, exo< 

or adnnnistrators, shall assign the said premises, or any part ttti 



HAWAHAK ■ H V IB mft ATiO H- 1S3 

anTperaonorpersons^ withoot the license or eooseiit of the aid par- 
•^ Af the first part, or their saccessors in office, tii^ had and obcamed 

writing: or if the said part — of the second pare executory 

:v:ini>trators, and assign^^ ^hall not well ana tmly obeerre. keepu 

I : |ierfonn, all and singular, the covenants and agreements, on 1^ 

tneir partes to be observed. kept« and performed, according to tbe 

';f intent and meaning of these presents, that then and from thence- 

ri:. in anv of the said cases, it »hail and mav be lawful to and for 

^ -Slid parties of the first part, and their soceessc*r^ in o£c«« witLc*Gt 

i^mnt or other legal process, into and apon the saii berebj demised 

:::^'s, or any part thereof, in the name of th*^ whole, to reenter, 

1 v.f- 8ame to have again, repossess, and en;oy. a^ in their fir^ and 

rv;t'r estate and right, this indenture, or anythii:^ hereinbef<He con- 

' -iL to the contrarv thereof in anvwise notwithrtandin?. 

!:. witness whereof the parties to these presents have hereunto 

r r hands and seals the oay and year first above written. 

*^!vrn€Kl. sealed, and delivered in the prosenoe of — 



rATKMJ UIT FRMIUIT JU) TO T HE M EMBKBS OP THE 

OF THI UllTlU) STATES SEEATE BT THOMAS ITTGH. 



""ENAitiBs: I have been a resident of and a member of the bar of 
.»\i.iii Territory for the past seventeen months, and 1 take advantage 
^ \ ur c^^neral invitation to offer some suggestions as to matters 
L. ii yoa have onder coosideratioii. 

AMESTDMKST TO THK CODE. ETC, 

I lit' civil code of Hawaii, as well as the organic act, needs revision 
I \^T\y particulars, a few of which I will suggest. 

At:a< hments may be issued from district courts, the jurisdiction of 
'. h i< limited to $3iiO, while there is no statatory provision for 

• 1 ^jnents from circoit courts. 

. i^re is no statute providing for the arrest of a de':4or who l> about 

•nve the Territory with intent to defraud his cre*iiiors. and the 

ii* r are remitted to the doubtful remedy of invoking writs of ne 

»• tl rvgno- 

r.f^ di««tinetions between law and equity practice. whi<-fa have Yieen 

^bt-d in all the code States and Territories, still exi^t here. 
i^^re is no provision for continuing an action where tbe pkintiff 
11- ::.ide a transfer of his interest dunng its pendency. 
^ ..-^ of real estate on execution or under a decree of foreclosure are 
^ *»-, and no equity of redemption is allowe^i the judgment debtor. 
. - '^nefnlness of the United States district court is abridged by 
TV to transfer to it actions between citizens of Hawaii and citi- 
r'-"i Other States and Territories. 

* »-Ls are excessive in the circuit courts: $37 are required to *»^ 
i '-•^it^ by the plaintiff on conunencing suit* while in Arizona and 

r Territories but $10 is exacted. 

-u of appeal from the United States district court to tbe Unit^^Kl 
'^'^-^ circuit court of ^ypeals are excessive. In a recent case the 



156 HAWAIIAN INVESTIGATION. 

ex{>en8e of appealing from an order sustaining a demurrer to thecoQ 
plaint exceeaed ^00. 

The right of appeal to the Federal courts from a decision of tb 
supreme court of Hawaii is denied—a right that has been enjoyed ^ 
the people of every organized Territory since the formation of «iq 
Government. 

Appeals from circuit courts to the supreme court of the TerriU)n 
are conducted in a loose and primitive manner. With a noticiMi 
appeal not specifying the errors relied upon, and with a bond for ^:A 
the losing party may (unless for good cause shown an execution 
allowed) stay proceedings upon a judgment for (50,000. The noli 
of the evidence, when written up, are — with the original files of court 
sent by the clerk of the circuit court to himself as clerk of the supreij 
court, and these, without any assignment of errors, and without a] 
printed transcript of the record, constitute the '* appeal." If the jj 
tices of the supreme court do not find in this '^ record" sufficient inaj 
rial for a decision, they are empowered to admit '* newly discover 
evidence material to a just decision." In one case recently decided j 
judges admitted ex parte evidence of an act done by the respond! 
subsequent to the judgment, holding that as it was nonexistent evidoi 
at the time of the judgment it was, therefore, "newly discovered ^ 
dence," although it consisted of a trust deed, executed and of rec< 
five days before the notice of appeal was filed, and which wsu? m 
brought before the circuit judge who made the decision, by motion 
new trial, or rehearing, or otherwise, and indeed was not brou 
before the supreme court until a few days before the hearing of 
appeal, when the attorney for appellant "discovered" it in the r^ 
trar^s office, where it had been recorded for months. 

The effect of a continuance of the present system will be to turr 
supreme court into a tribunal of both original and ultimate \\xv\i 
tion in the same case and to impose upon its members the intolei 
burden of trying all cases de novo on questions of both law and 
with no appeal from their decisions. If litigants were to avail tl 
selves in all cases of the opportunities affomed them by the cod 
would be physicallv impossible for the judges of the supreme i 
to dispose of all the cases brought before them, and their cak 
would be choked with an accumiuation of business that it Tvould 
years to dispose of. 

The Territorial legislature will not meet until February. Its ] 
ical complexion may be such that it will decline any interference 
laws which, though suitable for the Kingdom, are altogether uiii 
ble for the Territory of Hawaii. Its session is limited to sixty 
and there would be no time for it to prepare a suitable code 
obtain a report from a commission empowered for that purpose 

I suggest that Congress might adopt a code for Hawaii simi 
that of Alaska or provide for a commission to prepare a code 
submitted either to the Territorial legislature or to Coagre^ 
enactment. 

OKOWN LANDS. 

That ex-Queen Liliuokalani is equitably entitled to a liberal jx 
from (>)ngress, and that the granting of such pension would te 
modify if not to terminate any lingering acerbities of feelintr -i 
native Hawaiians resulting from the loss of the monarchy iia^ 



HAWAIIAN INVESTIGATION. 157 

"jtie clear to this Commission b^ the testimony of many witnesses. 
\t{ ^uch relief should, in my opinion, be accorded her solely apon the 
fcTiKud that the United States contributed to her dethronement and is 
'> ^[ftiiier by her loss, and not upon the assumption of her being enti- 
r'.ed to the Crown lands. Under the Hawaiian laws the Crown lands 
• » IV never her personal possession. She could not whileon the throne 
Li\t' .<old or mortgaged a single acre. She was entitled only to the 
I'.i uiie from their Tease or sale. If her overthrow had been accom- 
.iUhed by a rival claimant to the throne she would have lost that 
«v •►me and it would have been vested in the usurper. The principle is 
•»iriDentaPT that the title to public lands passes to the new government 
i^ facto whether the change has been effected by peaceful methods or 
bv revolution. 

it will be noted that each State admitted to the Union was required, 
L" i (."ODdition of its admission, to insert in its constitution a clause dis- 
Liiniin^ in favor of the United States all title to public lands. 

Nor would it be to the interest of the people of Hawaii to vest in 
tij*' Queen a title to all the public lands. In what manner those lands 
<i'Hild be disposed of I do not venture to suggest, but it is clear to me 
tLat the public interest demands that they ought not to be the subject 
•^f monopoly. 

OOFFEE. 

It can not. I think, be reasonably expected that the people of the 
Tnited States who have for years been accustomed to a free breakfast 
uu\^ will consent to the imposition of a tariff dutjr on coffee. Yet 

••' ^^resd might readilv agree to a bounty on Hawaiian grown coffee 

* ^ ^v 4 cents a pound for a term of ten years, and it might be pro- 

: -<1 that a portion or all of the customs duties received at Honolulu 
•*.'MiIfl be placed into a special fund for the payment of coffee boun- 

* • V Hawaiian coffee is of such superior excellence that it will com- 
'lund a remunerative price and could be profitably grown without a 
>unty if enough of it were raised to supply the special market that 

'M readily be created for it. But no market can be created on a 
|>rtidu< tioQ of 25,<XK) bags or with less than ten times that number per 
vinum. A bounty of 4 cents per pound would stimulate production 
iM 1 <:au^ new areas to be planted and cultivated by white American 
' iHiiers, and so supply the body politic with a much needed class of 

ItizfDS. 

FENDINQ PBOBLEMS. 

It N altogether profitless to discuss at this time the methods by which 
y • nionarcny was overthrown and these islands made a part of the 

* : :t«*d States. Annexation was apparently the only measure by which 
•5 i^aii <.x>uld have been saved from becoming, if not a Japanese colony, 
»t l'*a»t a Japanese Republic. 

Tuo ^ranty of her independent nationality given by European 

.•^♦'rxdid not extend to preserving the control of her government 

•'II Japanese who should avail themselves of the voting power for 

'} purpose. Yet annexation, however necessary to Hawaii politically 

1 however advantageous to the United States in every way, was a 

'M financial^and commercial disadvantage to the people of Hawaii. 

• Hawaiians obtained the gains of an open American market, which 

. • :-^ went into the pockets of the sugar companies and their factors, 



158 HAWAIIAN INVESTIGATION. 

bankers, and dependents, while the loss of customs revenues was made i 
out of the pockets of the taxpayers. At this time it is doubtful if e^ 
the sugar companies have not the worst of the bargain, for they mu^it »q 
mit to increased local taxation, while the labor cost of producing suj 
has been increased by the operation of the Chinese-exclusion act. ai 
the advantages of an open American market for sugar (which mig 
have been obtained by a continuance of reciprocity) may possibly 
neutralized by tariff legislation with respect to Culia. 

A OOIiONIAIi POUOT. 

Were it not for the action of Congress in creating for Porto K 
and the Philippines a colonial policy differinj^ from that pur8ucJ 
mainland Territories I should d!esx)air of the luture and should app' 
hend that these fair islands were on the road not to Americanizatii 
but to insolvency. But the Supreme Court of the United States 1 
affirmed the constitutional power of Congress to punish polygamist: 
Arizona and subsidize them in Sulu; to appropnate the custom.s re 
nues in Porto Rico to the maintenance of schools and repairs on hi 
ways, while Oklahoma is compelled to build her ownschoolhousot 
construct her own roads; and to abolish the ancient despotic Spat 
laws in New Mexico and perpetuate them in the PhUippines. 

From the fact that Congress has made special laws lor other iu>i 
possessions, I have strong hopes that it may extend its l>enefi* 
power to the people of these islands and accord to them the only n 
that will save their great industry from ruin and their cities i 
depopulation and decay. 

by whatever changes of laws or treaties the necessary legisla 
may be effected, Hawaii must have an adequate supply of Chi 
labor in the cane fields or manv of the sugar plantations will l>c a 
doned. It will not be difficult to so frame the law as to allov 
entrance of agricultural laborers only, and to provide that whei 
Chinaman drops the hoe he must go on board of the first ship 1> 
for Asia. To accord to Hawaii such legislation would not depr 
single mechanic of his job, and would create well-paid jobs for 
sands of American workers in the various mechanic industrioi 
arts, from the practice of which in this country alien Asiatics si 
be rigorously excluded. I am but a young old man, yet I have 
cities as large and as populous as HonoliHu deserted because c 
decay of the one industry that had promoted their growth. 

I have the strongest hope. Senators, that the result of your in 
gations here will cause you to make such representations at Woc 
ton as will induce Congress to grant relief to this people, and thi 
will remember the maxim that ''He gives twice who gives quiek 

With some reluctance I offer a word of criticism concern i r 
action of Secretary Cooper and Governor Dole. Both are li^\ 
both have been iudges, and both are gentlemen of well-deser\'o 
utations for probity. Both know the sacredness of a trust fun 
especially of a fund in which a portion of the scanty earnings o: 
and helpless aliens had been deposited in order to enable theni ^ 
their term of service should expire, to be returned to their native 
How it was that Secretary Cooper found it consistent with hi ? 
knowledge and his business acumen to take a trust fund of S I 
from the safe custody of a national Dank and place it in the h^\ 



HAWAIIAN UrVESTIGATION. 159 

I official who eave no bonds I can not comprehend, and it is still more 
0(»mprehensiDle that Grovernor Dole should have permitted this 
u< rand to be used for ordinary public e2menditures and allowed 
available treasury warrants to be substitutea for gold coin. 



HoNOLUiiU, September 26^ 1902. 

J' the hcnorable subcamnUttee of the Senate Committee on Pacific 
U'lnds and Porto Hico. 

SiBs: At your invitation I have the honor to submit the following 
atements in r^ard to the land laws of this Territory and their 
iministiation: 

In the first place, it must be remembered that this is not a new coun- 
\ just opened for settlement, but a veij old country, which had a 
! iw population and was minutely subdivided long before the arrival 
r white men. These ancient sulxnvisions still exist and are the basis of 
lour land titles to-day. The main points of the Hawaiian system 
f land tenure are explained in an article written by me as a Govern- 
•ut report in 1882 and reprinted in Thrum's Annual in 1891, which 
will file herewith. Mr. J. F. Brown's report as agent of public 
.D«i> (which is appended to Mr. Knox's report from the committee of 
vt House on Territories, Report 305, Fifty-sixth C!ongress, first ses- 
oD)« leaves little to be desired. 

TOPOGRAPHY. 

The ancient system of dividing the land was in great measure influ- 
ji-ed by the topography of the country, consisting as it does of vol- 
mic mountains rising abruptly out of the ocean and deeply furrowed, 
jpivially on their windward sides, by precipitous ravmes. Within 
le*^ narrow limits the diversity of surface, of quality of soil, rainfall, 
3'i vegetation is truly remarkable, and helps to explain the peculiar- 
i(^ of their ancient system, as well as the difficulty of framing 
litable land laws to meet the existing conditions. 

THE GREAT DIVISION. • 

It Is not necessary at this time to rehearse the history of the great 
ivi«non which took place in 1848 and which changed the tenure of 
\Di from a feudal baisis to that of individual freeholds. At the close 
f this division the King, Kamehameha III, held about 1,000,000 
L-rp>>. which constituted the crown lands, while the chiefs held about 
.:k^).0(K) acre^ and the government an equal amount. 

The 11,000 homesteaos awarded to the common people were small in 
xt»'nt, averaging about 2i acres apiece, but they comprised the 
boicest part of me lands, and with them the common people received 
4fhts oi fishing, under certain restrictions, rights to wood and water, 
1x1 exemption from compulsory labor. Many *f riends of the natives 
ti^f" believed that the transition was too sudden, and that better 
^iv^jlts would have followed if the ^^kuleanas," instead of being free- 
•.;<ii, had been ^'homestead leases/' inalienable and conditioned on 
»nipation and improvement. 

Tbo chiefs soon felt the effect of these changes in the diminution of 
Ueir incomes, and too many of them, in consequence of their improvi* 



160 HAWAIIAN 1NVE3TIOATION. 

dent habits, were driven to sell or mortgage their lands to foreign. 
which they could not have done under the former regime. Mosl 
them died childless and in debt, and many of their lands were $ol( 
settling their estates. Lunalilo, by his will, directed his executon 
sell his extensive lands and invest the proceeds to establish and eix 
the home for aged and indigent Hawaiians. In these ways many Ii 
lands came into the possession of foreigners under fee simple' tit 
Fortunately the crown lands were made inalienable in 1865, and t 
reserved as national lands. 

ISARLY LAND SALES. 

Immediately after the gr^at division of 1848 the govemm 
appointed land agents in every district to sell land in somU parceV 
natives at nominal prices, ranging from 12 cents to $1 an acre. La 
on some large tracts were sold to foreigners. Before the year 1* 
probably sSOjOOO acres were disposed of, largely to natives, a.-^ 
shown by the published index of grants. These sales took the '' creai 
of the government's lands, leaving on its hands the less desiraUe i 
unsalable remnants. 

From that time on there was a lull in the sales of government ki 
and the policy of leasing them was preferred, partly from the lacl 
definite information regarding them and partly from dislike of ^ 
them pass into the hands of foreigners. In 1876 an act was pa 
reauirmg all sales or leasee of government lands above $300 in w 
to De made at public auction. 

THE FIRST HOMESTEAD LAW. 

The first nomestead act, to encourage the acquirement of ; 
holdings by industrious farmers of small means, was introduced i 
legislature of 1884 bv Hon. S. B. Dole and carried by the eflFoi 
the Reform partv. Little, if anything, was done to carry out the 
pose of the act till after 1887. Opportunity was^ven by it to ac 
lots, not over 20 acres in area, ten years being allowed for the 
ment of the purchase price, three years' residence and the buildi 
a house being also required in order to secure a title. Under th 
528 holdings were taken up, comprising 8,504 acres. It was, ho^ 
not sufficiently stringent in regard to the requirement of actual 
vation of the land, and the lots offered were too small for any hi 
poorest settlers. 

THE HOMESTEAD ACT OF 1895. 

After the revolution of 1893, the crown lands, most of whicl 
held under long leases, were declared to be government lands. 
present land law was drawn up in 1895, mamly by Hon. S. B. 
with a view to promote the settlement of the remaining gover 
lands by bona nde farmers, to frustrate, if possible, the schei 
speculators and land grabbers and to meet the widely varying* 
tions to be found in this Territory. A thorough study had beei 
of the methods employed in New Zealand, a country where the 
tions are somewhat similar to those existing here and where tlie 
est success has been achieved in multiplying small farms and in 
away with speculation and monopoly. The act provides four m 
of obtaining small holdings, viz, homestead leases, right-of-pi:] 
leases, cash freeholds, and special agreements of sale. 



HAWAIIAK INYXbTIGATION. 161 

The first method is int^adod primarily for the benefitiof native 

aimnsc The holdings under it, comprising from 16 to 60 acres, 

Ming to quantity of land, are inalienable and can not be sold, 
ti'sged. assigned, or sublet. They are conditioned upon re8ideni:)e, 

^ ation of a certain percentage, and payment of taxes, but no rent 

iiiired. 

Right-of -purchase leases were for twenty-one years, with the right 
unba^ at the original appraised value at any time aiter two years' 
iuiioasf residence, and cultivation of 25 per cent of the land* The 
^! i> 8 per cent of the appraised value, to be paid annually until 
purch&^e is made. 

LVteh freeholds are limited to 100 acres in first-class and 300 acres 
«cond-clas8 agricultural land, and to 600 acres in first-class and 
<> 3cTe.N in second-olass pastoral land. These are sold at auction 
n appraised upset price, the successful bidder paying down one- 
rth of the purchase price and the remainder in three annual install- 
it% with interest. Two years' residence and cultivation of 25 per 
; of the land are also required before the occupier can obtain a 
nt. 

"^pei iaI agreements of sale are sales at auction under special con- 
«^n- a'i to payments by installments, with requirement of cultivation, 
[i or without residence. This provision applies to lands peculiarly 
jied. >uch as grazing and forest lands, with a maximum limit of 
:kTtv: but, in met, the average is about 49 acres. Under these four 
tnnt methods of land settlement, before July, 1901, 1,512 holdings 

'-*t'n taken up, with a total area of 51,606 acres and an average 
mf 34.19 acres. All land transactions by the local government 
V -^Udpended from September 30, 1899, till January 1, 1901, by 
*r of the Federal Grovemment. 

. Tash sales are sales made unconditionally for cash at public auc- 
>.. These sales are made to meet cases where exceptionally costly 
•rnvements are contemplated, as buildings, reservoirs, pumping 
rks etc. 

'. Oha district sales: In the Olaa district, which formed part of the 
>^M lands, a costly road to the volcano had been built by the Gov- 
ment, adjoining which 142 lots, averaging over 100 acres each, had 
T: it-ased to coffee planters before the passage of the land act. These 
-"^ were now permitted to convert tneir leaseholds into fee simple 
! i\n^ by paying their appraised value after 15 per cent of the land 
1 Wen patented and $200 expended upon it in addition. 

COMMENTS ON THE LAND LAW. 

rb<» above ^^land act of 1895" was the outcome of much practical 
pprienee and has proved itself, on the whole, well suited to the con- 
ion^ io these islands. It has served to discourage speculation and 
^4 ^bbing, and, in spite of many obstacles, a promising beginning 
> Wn made in establishing a class of small farmers. Its principal 
nt is that it strictly requires actual residence on the land and culti- 
tion of it as a sine qua non. It also provides for publicity at every 
'j>of the procedure. Another merit is that it discriminates between 
M\ different classes of land. When lands in the same district, at 
♦• >ame elevation above the sea, vary in value from 5 cents to $200 an 
y, it would seem to be the height of folly to dispose of them at one 

H I— PT 8—03 11 



164 HAWAIIAJff IirVSSIIGATXOKi. 

About 450,000 acres have been classified as grazing lands, much of 
which may hereafter be found to have agricultural possibilities, sl^ yet 
undeveloped. 

Of the remaining 160,000 acres, 26,000 acres are classed as cane 
lands, and an equal amount as coffee lands. The remainder is in gi^n- 
eral of inferior quality to what has alread}" been sold, being more 
broken and diflBcult of access. 

Respectfully submitted. 

W. D. Alexander, 
As8i8ta/rvt in United States Coast ctnd Geodetic Snnjey, 



To the honorable members of the Coinniis»ion of Tmjuiry upon Ilawaifiii 
Affairs, appointed by the United States Senate. 

Gentlemen: We, the undersigned American citizens of the respe< 
tive terms of residence In Hawaii and occupations set opposite oij 
names, respectfully represent that we view with satisfaction yo\] 
inquiries into the condition and needs of Hawaii, and sincerely pledcj 
our support to every measure calculated to establish in Hawaii tho^ 

great principles of justice and right of which the American nation 
le chief exponent. 

Our condition to-day is critical. Our people have been haraiv>i 
by the plague and many of them impoverished b}'^ the fires necessai 
and incident to its extinction. Our government has been deprived 
half of its revenues and our banks and financial institutions laid unci 
heavy contribution by the monthly shipment to the mainland 
$100,000 or more of gold collected at our custom-house. Our ch 
industry is suffering from the low price of sugar and the scarcity 
field labor, and the entire community, regardless of vocation or sex 
position, feels the resulting financial stringency. Our niortgt 
indebtedness has reached an unprecedented figure and is still increasii 

In this unhappy condition we have sought diligently for relief i 
better adjustment to our conditions. Our entire industrial and po 
ical situation is being subjected to the most searching und anxl 
scrutiny, that nothing be done to augment our difficulties or noth 
omitted that might relieve them. 

We ask through jon for assistance from Congress. And thoi 
our isolated position in the Tropics compels us to ask some modificai 
of American laws to meet our special burdens and requiremeots^ 
ar^ convinced that such adaptation of national statutes to the ^"p^ 
needs of outlying territories is reasonable and necessary. 

We respectfully request your support of the following measuire 

I. A measure proviaing for the payment h^ the UnitM States ( 
ernment of the awards of the court of fire claims. 

II. Such a provision by Congress for the local expenditure of 
customs receipts as shall check that constant drain upon our resoix^ 

lU. A law to permit the admission of a reasonable number of 
nese field laborers under such proper restrictions as shall limit t 
to agricultural labor on the plantations, and effectually bar theim i 
the arts and trades. 



BAWAIL/LN nrTESnOATIOK. 



165 



^V-N 



In support of this last request we sabmit the foDowing: 
N> far as Hawaii is conoemed the admission of such labor will aflford 
^' only foundation upon which a prosperous and adequate industrial 
t<»ai in this tropical country can be based. 
Sach Chinese labor will not be a competitor of the American cane or 
' ♦'! ^'iig'&r producer supported by tariff, but will rather replace some 
• if the Dotch and German sugar by Hawaiian sugar, made by American 
-t|*ital« in American mills, with American mill labor, and transported 
tu market in American bottoms. 

We submit^ therefore, that in thus modifying the application of the 

y 'deral law to meet the precise requirements of Hawaii you will be 

T 1 lowing in a wise and liberal manner the national policy of protection 

i development of newly acq^uired domain. The benefits of your 

^'•eral treatment will accrue in our case not merely to our entire 

Hawaiian citizenship, but also to the merchant, manufacturer, and 

LiVNirer on the mainland, of whom we shall be able in the future to 

nrike even larger purchases than in the past 

This petition contains the signatures of 158 persons — clerks, mer- 

rxaots, bankers, attorneys, contnMrtors, druggists, and business men 

of the city of Honolulu. 



' the honoT€tBl€ commission from 
*^'> United States Senate to in- 



^it- 



'^*i'4re into the conditions existing 
*fi the Territory of Haioaii^ etc. 

To the President of the United 
States, and to the Senate and 
House of Representatives of the 
United States. 

We, the undersigned, citizens of 
*he United States and of the Ter- 
ritory of Hawaii, do earnestly pe- 
tition Congress for the speedy en- 
: tinent of such law as may be 
'I'-i-e^^sary to make available for the 
[)uq)osei$ of county, town, and citv 
luunicipakties the Territorial lan<ls 
ari<l other property necessary 
therefor. 

In view of the fact that county, 
tnwiu and city municipalities are 
>'-ired by a l<^[ge majority of the 
|)>'<>ple of the l%rritory and their 
enactment of a law providing for 
the e>tablishment has been pledged 
to the people in the platforms of 
^tu'h and every political party of 
theTerritorv having nominees for 
^ltr<*tion to tlie coming legislature, 
we h^ to call the attention of 
Congress to the necessity for such 
speedy action in the premises as 
iDay be consistent wim other af- 



I Ke Komisina Banohano mai ta 
aha Senate mai o Ajnertka hui- 
put no hah noiiana i i ua hdana 
e ku nei i keia wa ma ke Teri- 
tori o Hawaii nei, etc, 

I kaPeresidenaoAmerikaHuipui, 
a i ka aha Senate a me ka hale 
o na Lunamakaainana o Amenka 

Huipui. 

O makou o ka poe no lakou na 
inoa malalo iho nei, he poe kupa 
no Amerika Huipui a no ke Ten- 
tori o Hawaii, ke nonoi aku nei me 
ke kuio i ka Ahaolelo Lahui e hoo- 
holo koke ia ona Kanawai e hoolilo 
ana i na aina o ka Panalaau a me 
na waiwai e ae no na oihana o ke 
Aupum Okana Aina, Taona a me 
Hooponopono KuJanakauhale; 
Nolaila, 

Mamuli o ka ikeia ana o ka 
makemake ana o ka hapa nui o ka 
lahui o ke Teritori nei e ku ke Au- 
puni Okana Aina, Taona a me 
Hooponopono Kulanakauhale, a ua 
hooia ia aku hoi imua o ka lahui 
ke kukuluia ana o keia mau kulana 
hooponopono Aupimi, maloko o 
keia a me keia kahua hana holo 
balota o keia a me keia aoao Kal- 
aiaina o loko nei o ke Teritori i 
loaa na moho bolo balota no ke 



166 



HAWAnAN INVESTIGATIOlSr, 



fairs of the nation demanding their Kau Ahaolelo e hiki nud ana, fa 
attention. nonoi aku nei makou i na hoomao 

popo ana a ha Ahaolelo Lahui « 
ke Kupono maoli o kahooholo kob 
ia ana o kekahi keehina hana nu 
keia mahele, e like no hoi me m 
hana e ae a ka lahui e koi aku nd 
i ko lakou mau noonoo. 

Your committee was presented with 17 separate and distinct copief 
of the foregoing petition, signed by 846 persons, all being citizens 
and voters of every electoral district and precinct in the Territory. 



To the honorable Corrmiisdonfrom 
the United States Semite^ to in- 
quire into the conditions existing 
in the Territory of Hawaii, etc. 



To the President of the United 
States, and to the Senate and 
House of Representatives of the 
United States. 

Your petitioners, native Hawaii- 
ans and citizens of the United 
States, humbly pray that, by the 
enactment of such laws as may be 
necessary therefor, the public 
lands of this Territory, or so much 
thereof as to you may seem meet 
and proper, mav be set aside and 
made available for homesteads, in 
tracts of 40 acres each of the 
better lands and 80 acres of the 
inferior. 

Your petitioners respectfully 
submit that in their desire to dem- 
onstrate their title to ffood citizen- 
ship they feel it to be but just that 
they should receive the same en- 
couragement of opportunity as is 
flven to the citizens of the* other 
erritories, where neither the same 
conditions or prehistory exist as 
in Hawaii. 



And your petitioners will ever 
pray. 



Ike Komisina Hanohano ma! ka 
aha Senate mat o AmerUca Ilm- 
puia, no ka noii ana i na Kvluna 
e ku nei i keia wa ma ke Terl- 
tore o Hawaii, etc. 

I ka Peresidena o Amerika Hui- 
puia, a i ka aha Senate a me ka 
Hale o na Lunamakaainana o 
Amerika Huipuia. 

Ke noi haahaa aku nei ko oukoa 

Eoe noi, he poe Hawaii maoli a poe 
upa hoi o Amerika Huipuia, ma- 
miui o ka hooholoia ana ona luau 
Kanawai Kupono no ka Mabele- 
hele ana i na Aina o ka Lehulehu 
iloko o keia Teritori, e like me ke 
kupono i ko oukou manao^ no ka 
hookaawaleia ana i mau Hoiue- 
Hookuonoono, ma na Apana o 
Kanaha Eka ka nui o na Aina mai- 
kai, a i Kanawalu Eka o na Aina 
Hapa-Maikai. 

Ke waiho haahaa aku nei ko 
oukou poe noi, oiai lakou e iini ana 
e hoike aku i ko lakou kuleana 
maoli, ma ke ano he poe Makaai- 
nana Hoopono, ua ise lakou he 
mea ku i kc Kaulike e loaa mai ia 
lakou na hoohoihoi kupono ana e 
like me ia i haawiia aKu ai i d& 
Teritori e ae, na wahi hoi i ikea 
ole ai na kulana like o ka nobona. 
a pili Moolelo no hoi, e like la me 
Hawaii nei. 

A e noi mau aku no ko oukou 
poe noi. 



Your committee was presented with 16 separate and distinct copies 
of the foregoing petition, signed by 1,049 persons, all being citizens 
and voters of every electoral district and precinct in the Territory. 



HAWAnAK INVESTIGATION, 



167 



"^^ tie hanoroNe Commission Jrom 
•^^ United States Senate to in- 
Piire into the conditions eooisting 
^n the Territory of HofUKiii^ etc, 

'o the President of the United 
States and to the Senate and 
Hoiide of Representatiyes of the 
United States. 

We^ the underBigned, citizens 
>f the United States and of the 
rerritorr of Hawaii, do respect- 
Hiilv petition the Fifty-eighth 
. < •ogress, through jour honorable 
\*mmiaaion, for the enactment of 
i law whereby the United States 
rorenuDent shall take full charge 
k:id control of the leper colony at 
KalaupuMt, on the island of Molo- 
t^i. to be henceforth known as 
rh^ *^Molokai Beservation" for 
tb*" i^egregation and maintenance 
"f leprous persons of the United 
"^ut^^^ and the same to be under 
U.O authority, charge, and direc- 
:i'^a of the Secretair of the Treas- 
•:rT of the United States. 



lice Komisina Hcmohano mxd ha 
aha Senate mai o Amerika Hui- 
puia, no lea noil ana i na ^Kvlana 
e ku nei i keia wa ma Tee Teri- 
tori o Hawaii^ etc., 

I ka Peresidena o Amerika Hui- 

Euia; a I ka aha Senate a me kift 
ale o na Lunamakaai nana o 

Amerika Huipuia. 

O makou, o ^ poe no lakou na 
inoa malalo iho nei, he poe kupa 
no Amerika Huipuia a no keTeri- 
tori o Hawaii, ke nonoi aku nei 
me ka haahaa i ka Ahaolelo La- 
hui 58, ma o kou Komisina Hano- 
hano la, e hooholoia ona Kanawai 
e hiki ai i ke Aupuni o Amerika 
Huipuia ke lawe aku i ka mana 
piha ma ka malama ana a me ka 
noho mana ana maluna o ka Pana- 
laau Ma'i Lepera ma Kalaupapa, 
ma ka Mokupuni o Molokai, e ikc 
ia ana hoi ma keia hope aku o ke 
^^Kahua Hoomalu" no ka hook- 
aawale ana a me ka malama ana i 
na poe ma'i lepera o Amerika Hui- 

Euia; a e kaa noi ia wahi malalo o 
a mana, ka malama ana a me ke 
alakai ana a ke Kuhina Waiwai o 
Amerika Huipuia. 

Toor oommittee was presented with 13 separate and distinct copies 
'>f the fore^ing petition, signed b^ 823 i)eTsons, all citizens and voters 
of every efectoral district and precinct in the Territory. 



To the honorable Commission from 
0%^ United States Senate to in- 
'(uire into the conditions existing 
tu the Territory of Hawaii^ etc. 



To the President of the United 
Slates and to the Senate and 
House of Kepresentativea of the 
rnited States: 

We, the undersigned, citizens of 
th«> United States and of the Ter- 
ntory of Hawaii, do respectfully 
and earnestly protest against the 
'tj* we believe it to be, un warrant- 
M and unauthorized)^ taking of 
public lands of the Government 



/ ke komisina hanoha/no mai ka 
aha Senate mxii o Amerika hui- 
puia, no ka noii <ma i na kulana 
e ku nei i keia wa m>a ke Teri- 
tori Hawaii, etc. 

I ka Pesidena o Amerika huipuia; 
a I ka aha Senate a me ka hale o 
na lunamakaainana o Amerika 
huipuia: 

O makou o ka poe no lakou na 
inoa malalo iho nei, he poe kupa 
no Amerika Huipuia a no ke Ter- 
itori o Hawaii, ke kuc ikaika aku 
nei me ka haahaa a me ke kuio no 
ka lawe ia ana o na Aina Aupuni 



168 HAWAHAN IKVBSnGATIOW. 

and applying them to the purposes (A makou e nmnaoio nei oe i 
of private corporations. ia i apono ole ia ma ke Kanif 

We respectfully petition the a hooiiloia aku hoi no ki poiw 
honorable Commission from the o na Hui i hoohuiia. 
Senate of the United States to in- Ke nonoi haahaa aku nei ma 
quire into the taking of private i ke Komisina Hanohano int 
mnds for the purposes or ncilita- Aha Senate mai o Amerika 1 
tion of the Honolulu Rapid Transit puia, e huli aku no ka laweiaa, 
and Land Company, the giving na aina kuleana maoli no na tu 
of Government land in exdiange a no ka hooholo ana i nahana 
therefor, by the Territorial om- Hui Rapid Transit and Land i; 
cials, without recompeDse. P^Qy? a ma o ke kuapoia ana 

Aina Aupuni no ua mau Aim 
na Luna Aupuni o ke Teritoi 
ke kumukuai ole. 

Your conmiittee was presented with 13 separate and distipct ci 
of the foregoing petition, signed b^ 848 persons, all citizens and v 
of every electoral district and precinct in the Territory. 



To the honorable Stiboommittee of the United States Senate Cm*\ 
on Pacific Islands amd Porto ttioo. 

Honorable Sirs: The undersigned beg to protest against the i 
of the Territorial officials in excnanging certain public lands k 
Territory for lands of private individuals for the purposes and 
tations of private enterprise and without any remuneration 
Territory tnerefor. 

And we respectfully show unto your honorable committee ll 
have been actual and bona fide tenants and occupants of a port 
that certain parcel of land known as Auwaiolimu for and duri 
past thirty years, and that we have improved said lands and i 
our homes thereupon, feeling secure that our tenancy, for wfa 
have paid fair and reasonable rent during said thirty years, 
entitle us to preference as purchasers in the event of the 8alos 
lands according to usual and more eauitable methods. 

We respectfully urge upon your honorable committee the ii 
of permitting these lands to be given gratuitously to or for the 
tion of private enterprise, and of denying us the first right to p 
the same; and we submit that the confirmation of the gratuity 
ing of these lands to the Honolulu Rapid Transit and Land Cc 
wfll operate to deprive us of our humble homes without any 
pense therefor; and 

We therefore earnestly pray that your honorable commi tt< 
upon inquiry and confiimation of the facts as we are prep 
establish them, recommend to the President of the Unitea Stn 
the transaction of said gratuitous giving of these lands may 
confirmed or countenanced. 

Senator D. EALAtroKAULiN'] 
Mrs. Kaahakui Kawaiho 
N. W. Kaholi (x). 
Mrs. LuuA EIaiaukoa. 

Witness: 

David Kalauokalaui, jr. 



HA^WTAHA^r LS % KsflK AT:->y. If v» 



.« kli •-. 






Woereas sectkm t^l of tfc^ c»r2ae>r met K-i tS* T-?r 

^»r^<ly proTides that the pcL"" lio pr:o»nj owie*^ ar»i tn arfi ' JiW i-c» 

> rdtW States by the Repc'O •. f Hiwmii. XL-»Srr tiw- v:.i«t rp<»cOTi- 

'!» of annexalioo* ••shall Ne^ ac-i r-^Haai- i^ i^* i>>«^?ei«{«L i»p^ a.ud 

•nti^l of the goveminecit of tb* Temcry >f iuwmii. and sbkll l»e 

ilotaine<L loaiiaeed. azid cared for t»T it al hs own cxpenise until 

fL-nri^e proTided for bv Con4rres*> or tak«c f >ri2>e«f>R? and pnrpos^e^ 

i tn^ United States by direetioci of tiie Pre»6^ri or of dw y n^ eriK g 

^ Hiwaii,'' thereby in vesting the Trrr^.-Ty of Hawaii ^th :^c»ie TiiTki- 

:..« to poeBeas^ iise« and o>cm: ^ aLI pct^ pr-i^jierTy wkLin tins Ter- 

'.>n\ muess soch poe^e>^^> -^i, ci^r. ai-i o^^niz^*] fibiui be iDodfiiBd or 

vr»^i by an express act of CV-czt'?^: asi 

Whereas there is an ms.^-^ivd prc-tm* ilr;y that the k^isiatiipe of tiie 
[r : ntory of Hawaii wilL ai an eariy Okv it liie ocmdn^r siessdon. creaxe 
^ .r.ty and city mnnioipaiitk^ in omi v^rmity witii a B Li aaa ^ of the 
nripicaot; and 

Whereas an act or a«cts of the leei^iamre fo rnoaciBir ocnmtr and citr 
i' ipalities in this Territory ckn »■:€ be maae owTatiTe xtntii ^mch 
ipalities can utre, posrifrss, ani c«circpy the pn*»iic property of the 
[rrrit'^rr now under the sole juri^coon of cne Tenixoii&l ^oT€im> 
i*'iA: tberefore be it 

« ' jre^ to enact a tw anthoridnr asji empi'werin^ all oountr, town, 
iti 'ity monieipalitie^ creaiie-d wiihii! iii* lerrh<»ry by the leiri^kture 
;r:*iv<.»f, to pov!*^^, u-^e, aiii o:*DrrcJ ^ the pc''»licpraj»enT c»f the Ter- 
r.:. rr neoe^^^iry for the c^-ifc^'li-iiDeiit. maiiiteitaDoe. and condurt of 
' . b manicipalities, th^i>e*^y c^tiriatixtr' any oontrorerfy or friinian 
v*\st-»-n the Territorial odior? and tbo-^e neoesaarllT iic» he ^Teat^d 
. i-r the <n-ianty and rity n^nti'-ijad art or acti^ a£i lo the ri<rht tc> use 
ii.i T^»^^e>«noo of >c«h pu'»li<* pr«:»perty. 

.! Z^*^ lif*t'^\'r r^:*'. '*-/, That tbe Hon. Eobert W, Wilcox. Dele- 

j-.vN-- t<» CV»n^Te^s fr«»ni Hawaii. \^^ and he heretrr ifi. re^^ue^ted <»n 

• Jf of the In'j*-pe!oeBt Home Kuie party, which repre-^enth the 

. "htT, a lanrf- TOkS* •ritv. of the voters witiiin the Territorv of HawaiL 
:•• ritrodui^ and ursre the pa-^saxre by C'C»ngrTees at as early a day in the 
■ " 'In^ <ertj?ion as p>*^i'.>le of an a<t carrying' out the objects herein l>e- 
: •:- ^t forth: 

1 't ?*f it f*!r* V r f '-*»*V^v/, That the Hon. Spaator** John H. MitiC-hell, 

y H. Barton, and A. <j. Fo^-er. of the *;ulK?oiimiittee of the Committee 

: tb»* United states Senate <»n Pac-ilic isiauis and Porto Kiro. are 

•'''^•y reqnested to jri'^e con^iipration to the creat impK»rtance (>f tliis 

itvr to tne |»Hopie of thi*- Territory, and to g^re to our T^ele^ciitie. Hon. 
K- W. Wilcox, tbeir aid in «»eearinp the pan^a^e of such an act by 
' : cress at the cominir f*e?«-i<:^n. and that a copy of thene ^ee!•olut)on^ 
••' forwarded to the honorable f^uU-ommittee of the Committee of the 
' '. red States Senat*' ^'•ti Pacific Inland** and Porto Kico. now fciittinp- in 
1 • \\X\ of HoBoJnln and Territorv of HawaiL 

IV^ September il, Va^KL 

Je«*pe p. Makatkai. 

/'v^V. T^Tril'TV of MoilHlM'L 

Attest: 

Datii> liL KmEXA. 

Stfcr^iary htd^ f*e^t^<^ti H^m^ UnU Party 

fiudilit Juj-ifcui riH Com m ittse. 



A 



170 HAWAIIAN mVKBTXaATIOTr. 

To the hanorcAle Oommission from the United States to ingvire tii| 
the condUions existing in the Territory of Hawoaii^ etcj to the jRyg 
dent of the United JStates^ cmd to the Senate and House ofRepn 
sentati^es of the United States: 

We, the •undersigned, citizens of the United States and of ibeTeni 
tory of Hawaii, residing at a place known as ^ ' Ealihi Detention Gam^ 
situated at Waiakamilo, Ealihi, in the city of Honolulu, on the islaa 
of Oahu, do hereby respectfully present this petition, as foUoin 
to wit: 

That the said '^ Ealihi Detention Camp" is a piece or parcel of laa 
of about 5 acres, more or less, in area, and belongs to the estate o 
Bernice P. Bishop. 

That the same is under lease (as your petitioners believe it to be) ( 
the Territorial government at an annual rental of about $900. 

Your petitioners are residing on said ^' camp" as tenants of the Tei 
ritorial government at the rate of $1.50 rent per month for each room 
And whereas the said estate of Bernice P. Bishop is holding nnde. 
lease certain lands belonging to the Territory of Hawaii, we theref on 
respectfully recj^uest to exchange such Territorial government land 
now held bv said estate of Bernice P. Bishop for the above ^^Ealih 
Detention Oamp " as a government reservation, to be given as home 
steads to jour petitioners. 

William Eaai, Eahalepio, David Umi, W. M. Peter, K. Eelunuj 
opio, J. Eamaha, Pelehakala, Moke, E. E. loune, Waohs 
H. H. Ealeiheana, Chas. Eupule, Geo. Wainee, John K&b 
auawa, L. Poai^ Sam EamaniL H. Eaike, B. Hoomana, Dic^ 
Earratte, Makila Wainee, Wallace Jackson, John Mail 
Solomon Eealoha, Mania, Henry Lilikoi, Geo. Eane, W. 
Alokikia, J. Maukoli, Moses Haaieono, Ben. Ami 
William Jackson, J. H. Enohao, Solomon Bipikane, M. 
Eaaiswar, Usek, And. Mautoli, Mast. A. Hoopii^ Eahea 
anui, H. B. Ealeikumahoa, S. D. W. Eahoiwai, L. Pu 
lokewe, Mr. G. H. Ealiko, Eapaihi, Andrew E^halwh^ 
David Kala, Setm. Ahia, D. Paataula, John Davis, L. Ij 
Poke, Willie Ealanikan, Sam. Unea, J. E. lueh, Hen^ 
Eaumoi, Makauli, H. W. Cleveland, Abner Wiliki, J 
Apiki, Geo. E. Fox, Sol. E. Eahoaka, John Lakalo, H. \1 
Eaauwai, Eahuila, b. Makolo, Eio Eairei, L. Waiwaiol 
Paulo, John Eaarars, Eahaleulei. 



STATEMENT PSS8EHTED TO THE MEMBEES OP THE THSTm 
STATES 8EHATE AT HOHOLULXI, SEPTEMBER 25, 1902, BY P. ' 
BECKLET. 

Gentlemen: Upon request of some of my fellow Hawaiian- Ame 
can citizens from Waianae, I ask leave to file with this committer 
copy of a statement I would like to make with reference to the poll 
the Territorial government has followed in the disposition of pul 
lands in the Waianae district on this island of Oahu. 

About the latter part of last year the lease of the governing 
Ahupuaa of Waianae to the Waianae plantation expired. 

The plantation applied for renewal of the lease for the port 



HAWAIIAK IWVBSTIOATIOir. 171 

Tfttdj partly cultivated by them and presumably the most fertile in 
whole Ahupuaa, known as Upper Waianae, comprising an area of 

I . k 






A company of 10 Hawaiians then made application for rieht-of-pur- 
i-i.^ lease, in lots of 100 acres each, of the sandy plain to the seaward 
i-i makai of the tract wanted by the plantation. 

The plantation's application was entertained, and the area of 3,333 

r»^ put ap as a whole, thus exdudine possible competitors, as the 
iaiiUtion under the circumstances could afford to give a higher rental 
rikii anyone else, by the compulsion to take this large area in a lump. 

The native Hawaiians' application was refused oy the executive 
L'UDcil (an ill^al body) on the ground that the government contem- 
r^ted at sonie future time laving out house lots on the beach below 
L- railroad, and thus below the tract applied for by these people. 

The tract applied for is known as Maiu, and so marked on govem- 
>Dt {(urrey map accompanying this memorial. 

It is also marked ^^ Sandstone Plain,'' and is a sandy plain now over- 
T* »wn by algaroba trees, which thrive under such conditions. Land 
i that kindwithout irrigation will grow very little of anything else 
I'^fit in the rainy season, when a somewhat uncertain crop of sweet 
otat4je?$ and pumpkins mieht be raised in a few favored spots. 

Rrai'ki^h water only comd be obtained from wells, not very good 
'*r cultivation. 

ThiH company or association of Hawaiians stated in their application 
bit the land wss to be used as homesteads, witJi hog and chicken rais- 
'ic as a main industry. Algaroba beans or pods are very fattening 

•r **ither; also for stock of all kinds. 

rb<» price of both hogs and chickens are very high here and practi- 
v'.y prohibitive to people of small means. 

By dryinf^ and saving the kiawe or algaroba beans as the main reli- 
^.< »^ for their stock, to be supplemented in winter with quick-growing 
wTwn^« and at other times by purchasing wheat, com, and rice bran, 
■'• y expected to be able to niake a comfortable living. They were 
l\^n no chance. 

About the same time a large tract of land called Lualualei and 
A'i:* lining land leased to plantation and the plains of Maili applied for 
^r the luwaiians were surveyed by order of the government and cut 
'■:p into six lar]^ lots of over 1,000 acres each, which were to have been 
(-> .t up at auction outright. 

Taking to per acre as the average that could have been obtained at 
in open sale, you can see how sucn action would practically throw all 
t.. »«e lands into the hands of the wealthy. 
It U understood the sale did not take place because the commisioner 

f public lands refused to agree to it. But he makes this concession 

'" U;*- promoters of that scheme and advertised in the local papers to 

t..t' «*tlect that ^^ the government is desirous of disposing of abouta half 

/*'n lots of 5(X) or 600 acres, by special time payment agreements of 

*u*^. requiring conditions of residence or improvements or both. In 

^T to be informed of the demand for such lands under the said 

-nditions I (E. S. Boyd) should like to receive communications from 
t'.'H^ interested^ inclosing any question they may wish to ask on the 

It i^ understood applications to suit have been already placed by the 
fivored parties, and the lands are about to be awarded to the lucky 



172 HAWAIIAN nnTESTIOATION. 

ones, but what of the 10 poor Hawaiians who were seeking to o| 
homes capable of pving tnem an independent' living and not en 
ally be obliged to accept the position of plantation laborers wl4 
quite equal to that of the forced Mexican peon? 

If Maili was to be preserved from contamination of hog raisuM 
the remote possibility of turning the seabeach below the railroad 
a fashionable watering place, wny not offer one or more of the 
subdivided originally into 1,000-acre holdings, and situated fn 
quarter to a mile away from this future Newport or Bar Harbor! 

The policy of the present government has been to make po.'^b 
the general Hawaiian homesteaders only some out of the way ti 
where it would be an endless struggle to make enough to keep I 
and soul together. 

Wherever there is a favorable opening to make a self-supjxn 
homestead the native Hawaiian need not applv. 

This and other similar acts showing a settled policy to ducoo 
and deprive natives of any chance to tetter themselves are the res 
of the feeling of intense dislike and opposition toward the pn 
government officials shown by the majority of the native Hawaii 

F. W. Beckle 



HoNOLUiiU, Hawah, July 5, 196 

First National Bank of Hawaii, 

Honolulu^ Hm/xdi: 

As official representative in Hawaii Territory of the Chinese Em 
and in behalf of the Chinese subjects who have contributed t< 
Chinese-immigration trust fund deposited with j^ou and who alou^ 
entitled to withdraw and receive same, I hereby protest agHin>t 
diversion of said fund from its proper and legal purpose or any y 
the same for the current expenses of the Territory or Hawaii or (i 
wise. It will be my duty to inaugurate, and this is to notify yoi 
I shall in due course inaugurate, the proper steps in the courts 
elsewhere to protect the interests of Chinese subjects interested i 
fund, and prevent any diversion of the same from its proper o' 
and pending the same I have the honor to file with you tnis pi 
against any payment by you of said fund, or any part thereof, (i 
to persons entitled to receive the same. 

I am, very respectfully, your obedient servant, 

Yang Wei Pin, 

SRs Imperial Chineae MoQeai/y^s Con 



Honolulu, July 8^ 1 

Mr. Wray Taylor, 

Ex' Secretary of the Boa/rd of Iramigration: 

As the official representative in Hawaii Territory of the C 
Empire, and in behalf of tiie Chinese subjects who have contribi 
the Chinese-immigi*ation trust fund and who alone are entitled t^ 
draw and receive the same, I beg leave to respectfully protest t 
any diversion of the same or use of the same for the current ex 



HAWAIIAN imTESTIGATIOir. 173 



» Territory of Hawaii or otherwise. It will be m v dntr to ioanga- 
>n due coarse proper steps in the coarts and elsewhere to protect 
^iterests of Chines^ subjects interested in this fund, andpendin^^ 
Millie I have the honor to file with you this protec^t again;>t any 
derence with said fund. 
I am, Tery respectfully, your obedient servant. 

Yakg Wki Pis, 
Sis Imperial Chinese Majesty s ConguL 



HOKOLULC, J^ily 9^ 1901. 

\ Yaxg Wm PiK, 
IFj* Imperial Chinese MJa}e»txf9 Consuh H<molulu^ 

.k: Your letter of the Sth instant, addressed to Mr. Wray Taylor, 
•* • rotary of the board of immi^nition, has been referred to me. 
\*' ( hines^e who made the deposits with the board of immimratioD 
• • rxlance with the conditional permits i>sued to them by the Kepoh- 
' IL&waii are not entitled to the pavment of the money ao depo>it€A 
:. (Ti^^ the person who made the deposit desires to return toC*hina 
"v.rid i> to be applied for the payment of his passage, and the 
.: :. ier, if any, paid to him. 

': ink you have been misinformed as to the intention^ of the Terri- 
di j-.^vemnaent in regard to the fund you refer to. The Territorial 
• mrnent will promptly proride the funds for the payment of the 
.je to China of each depositor when he is ready to leave this 
' :rv up to the amount standing to his credit. UntU such time. 
> " vr-r. the fond will remain in uie custody of the Territorial gov- 

rnt. 

I am, sir, very respectfully, • 

A^dino Goriemor. 



TisRBiTOKr OF Hawail 

CoiOflSSIOKER OF AgRICIXTUKE Ain> F0B£9IST« 

Haruduhu -hJ.y 9, 1901. 
% Yakg Wki Pin, 
• ' ' «-A- Om^ftfJ^ Territory of Hawaii. 

r»r-AK Sir: 1 have the honor to acknowledge the receipt of your let- 
' : :h^ ^th instant in re the Chinese immigration fund, and to say 
'. .y that the same has this day been referred to the Hon. H. E. 
•.;»r, acting governor of the Territory of Hawaii. 
Yours, most respectfully, 

Wrat Tatlor. 



The First National Baxk of Hawaii, at Hoi^oixxu, 

UxTTED States Government Deposftart, 

HowAuhj. J' ly 12^ ly.'l. 

f-:. Yang Wei Pin, 

II' r Iii^perial Chinese Majesty s Con^uh IIoroA*il*u 

^ i* We beg to acknowledge receipt of your comniun)«rit;<>n of the 
t .'.^tant in relation to the Chmese immigration trust fund dep^iu-d 



174 HAWAIIAN INVESTIGATION. 

with this hank and standing in the name of the board of immign^ 
trustee, and in answer thereto say that we have commanicated if 
H. E. Cooper, acting governor of the Territory, and have fumiil 
him with a copy of your protest. 1 would suggest that any actionj 
propose undertaking in this matter should be nad as early as pos^l 
as we have been notified by the acting governor thi^t he intends to iri 
draw the money from this bank and deposit the same in theTenitoi 
treasuiy. 

Very respectfully, yours, 

Cevil Bbown, Prmdent, 



Seftembeb 26, VM]t 
Hon. Senator Mitohell, 

Chairman of the Svbcom/mitteey etc. 

Sib: At your request during our interview at the Hawaii Hotel 
the 25th instant, 5 p. m., that copies of the communication of H 
H. E. Cooper, and those of others referring to the question oi 
Chinese immigration trust fund, be copied and the same sent to yo 
have the honor to herewith inclose five copies for j'our consideratij 
I have the honor to further request that the Congress will irLst 
the Chinese immigration trust lund be distributed to tiie Chic 
laborers who are interested in it. 
Yours, most respectfully, 

Goo Km Fui, 
Her Imperial Chinese Majesi/y^s Actvthg Can^n 



Honolulu, Hawaii, September IS^ 19C 
To the Honorable Commission of the United States Senate. 

Gentlemen: In following statements taken before your honoi 
board since here, which 1 have read very carefully, suggested tl 
place on file with you a copy of a letter which was written by n 
the request of one of your associates in the United States "Soi 
Hon. S. M. Cullom, cnairman of the former comnussion of ! 
which covers most of the evidence being put before you. 1 dc 
thinking the same may be useful to you. 

The general gist of the letter from the standpoint when writte 
not materially differed from the present time, and I trust the 
will be accepteble to your honorable commission. 

Respectfully, yours. F. C. WrNTB 



WaInaku, Hilo, Hawaii, 
Septeniher J, JT^ 
Hon. S. M. CuLLOM, 

Chairmmi United Sta/tes Cmamissioners^ Honokdu^ Oahxi, 

My Dear Sir: I would like to present for your kind consido 
a few thoughts which I think will be for the welfare of my :f i 
citizens and the island of Hawaii. Knowing as we do that we clt 
and have not been, justly treated in the matter of government im] 



HAWAIIAK I2!TY£8TIGATIOir. 175 

leats, iberehj delaying oar progress in developing one of the most 
oportant cities on the islands, also the development of the largest 
iland, the time has come when I feel it my duty to try and secure 
nom your honorable board of commissioners our true and just dues 
\ the way of recommendations for our welfare from yourself and 
oar honorable associates. 

First That a Territorial form of government be given us. It 
ecomes the duty of every citizen to cry out against colonial or dis- 
rict f onn of government. We want our voting rights through a Ter- 
itoml form, that Haw.aii niay have municipal and countv govem- 
lents without control from Hx>nolulu. We wish to have the gover- 
or for ihe Territory appointed from our own people if possible, 
(^eviog that a person appointed from here will better understand the 
leeds of the people at large than a stranger, and that such an appoint- 
oent will give greater satisfaction. By Imving this form, we may 
ipect when our population becomes in number required to apply for 
totehood that the same will be granted us. 

Second. The practice of the government leasing town lots and agri- 
ultmal faunds, instead of giving fee simple title to actual settlers upon 
offl{diance with proper regulations in re^rd to settlement and improve- 
aeote, is a dead weight and an actual discouragement to progress and 
levelopment of tbe islands. There should be laws passed consistent 
rith the hws governing lands, that will enable the government to take 
[p loDg leases as fast as possible, and to throw the same open to actual 
ettlers in such quantity that will do the most ^od in small farming. 
h the island of Hawaii there is a great quantity of virgin forest and 
iDdeveloped lands. Under the laws in force and the present method of 
^Iministering them the process of preparation for entrv is so slow 
bt long months and years are likely to lapse before these lands, or any 
onsiderable amount of them, come into possession of actual settlers. 

Third. The islands are practically unaevelop^ except elong one 
be, that of the sugar industry. If American citizens are invited and 
SDected to come to this new American Territory and develop the 
offee and other industries of the islands, they ought to be encour- 
iged to do so, and the obstructions to development and progress ought 
he speedily removed. The sugar industry is well established, and 
iws should be passed for its assistance, in re of labor, that will not in 
my way undermine it; it should be fully protected. The present 
aborers under contract^ I contend, are not slaves, as they have 
ibertr and are given the chance of improvidg their condition. In 
kcU they are alfowed, on many plantations to take up lands in the 
julches, and other unused lands, for the purpose of cultivating 
paU'hes of cane on their own account. These lands are owned by the 
pUntadon are let out to them, as tenants at will, by most plantations, 
tree from rent, and by lease, paying small rental. The laborers are 
il^ assisted by advances on these patches of cane, which vary accord- 
iDG^ to 1^ and condition of the plant. In order tnat the advance may 
K^b(t them in carrying the plant to maturity, it is generally the rule 
U) take a bill of sale as security on the cane. The advance is paid 
from the returns when the cane has been milled. The rates generally 
paid for cane, per ton, is based on the price of sugar in San l^*anciBco, 
bt the time such cane is milled. For illustration, the price per ton 
(aid is as follows: When the basis of sugar -in San Francisco is 2i 
tt&ls per pound, $3.25 is paid per ton of cane, at 2i cents, $3.50; at 8 



176 HAWAIIAN nnrjBSTIGATION. 

ceatfi, i3*80; at 8i cents^ (1.15; at di cents, $4.40; at 3i cente, UJiJ^ 
at 4 cents, 95.10, at 4i cente, $5.50, and in like ratio for an iucrcM 
over the prices named* Cane properly cared for will produce, pa 
acre, from SO to 50 tons. You will see that the small plantera, wluj 
are mostly our laborers, Japanese, Chinese, Portuguese, and Hi 
waiians, make a nice thinj^ out of their earnings and interests i| 
planting cane. This, year the average price per ton for cane hB& be« 
^.75. I. know of one plantation which has paid for in the neighboi 
hood of 12,000 tons, which was purchased from the smaU plaoten 
Therefore I contend that our laborers are well satisfied in their treat 
ment. This will show to your honorable board that the encoatagi 
ment of small farmers to this country for this industrv will not bai 
mistake, and that the laws for labor should be as liberal as the CoMi 
tution of the United States will admit. The coffee industry hag showi 
itself to be a paying crop. This industry needs encouragement bi 
passinff laws waich will be liberal in taxation, and of labor, which lA 
msure labor at a moderate rate of wages. That fibers of the be« 
grade can be grown here with same encouragement as that of sugt 
and coffee has been proven. This industry will promise a big facto 
in the output of the islands at no distant date. 

Fourth. The assessed valuation of the Hawaiian Islands for reTenut 
purposes for the year 1897 was mora than $48,000,000. That is greaie 
aijseissed valuation than any one of the Territories of the United btat4'> 

freater than that of at least three of the sovereign States of tL 
Jnion. 

Fifth. I believe that the people of these islands are capable of loc^ 
self-government, and as a matter of right are entitled, to it; tiu 
they are entitled to the same fonn of government that would be g\si 
them if they were residing on the mainland of the United State8. 
believe that the machinery of local self-government — to wit, counl 
and municipal or^nization — ought to be put into operation on t{ 
islands at the earliest possible moment. By having local self-govei 
ment we are in hopes in time to have such records transferred to ll 
island that will enable us to carry on business as it should be, withe 
having to send transfer of property and probate and other matter 1 
record to Honolulu. The present system makes it very inconvenii 
for reference in law matters, and at times it takes weeks and a p 
sible trip to Honolulu to ^et matters straightened out that will o 
take a very short time if the records are on this island. I believe t 
the physical formation of the island of Hawaii and the best inten 
of its citizens require that Hawaii be made one county, with sj 
divisions that will meet the requirements of her people at large; \ 
the location of Hilo, its commercial and natural advantages^ and 
superiority of its harbor command it as the proper place for the cou 
seat of such county. 

Sixth* That the island of Hawaii should have such appaxiioDQ 
of nioneys recommended for the improvements of the islands, 
want, first, breakwater and wharves for Hilo, as it will be one of 
most and is now one of the most important ports of the islands, 
looking over the possibilities, take the output of sugar shipped f 
this district this year and the amount of sugar that may be shi^i 
from here if proper facility is given us. For the year 1897 
north Hilo produced 30,000 tons of sugar; south Hilo, 50,000 t 



HAWAIIAN IWVBSTIGATIOK. 177 

M^ tigares mre in round numbers. The sug&rs of south Hilo 
[ri«t were shipped out of this port for San Francisco and New York. 
;n the building of wharres we may reasonably expect in a Terr 
fH time that rauways will bring in the sugars from north Hilo anH 
I di^trict^ The same will bring in the coffee and other crops of 

* ^bnd for shipment. The imports which are now brought to this 
t are very l^i^gB and will increase as fast as the number of popnla- 
n increases. The foregoing facts, I trust, will give you and jour 
'^ i^ites a reason of hearty approval for reconunending such expend* 
n^. The matter of wharves and breakwater are essential to the 
I 'lopmeDt of this island. A liberal expenditure on roads in this 
trirt ir> also needed, that we mav have our large area of land opened 

..'il developed. The lands will be taken up as fast as the same is 

* into the market. 

[b conclusion^ I most respectf ullv ask that your Commission recom- 
•J i in your.report to President McKinley the following: 
. A Territorial form of government for the Hawaiian Islands. 
.' The creation of one county for the island of Hawaii and the 
itt<>n of the county seat thereof at Hilo. 

That the government land-lease system be abolished and the 
'pcioo of land laws suitable to the conditions of the islands. 
h That the franchise given the people of the island be as broad as 
uU be eiven the same body of people residing on the main land of 

* In ilea States. 

That liberal amount of money be recommended for the improve- 
ntN such as breakwater, wharves, roads, schools, administration of 
- rnment, and of the land svstem. 

' Fhat labor laws be passed consistent with the law? of the United 
.:• - that will not be a detriment to our present and future industries. 
' i That you ask the appointment of governor for this Territory be 
i w fn«n our own people. 

Trd^ting you will give my suggestions your careful consideration^ 
i tLiit 1 have not gone into too much detail, I remain, dear sir, 
•^r* verr truly, 

F. li. Westeb. 



Shebiff'*s Office, 
HUoj Hawaii^ September 26^ 1902, 
Riitor J. H. MrrciucLL, 
i ^t'lirman of Subcommittee on Pacific Islands and Porto Rico. 

1>£AR Sia: I understood you to say when here last week that any 
itnev) who had been sworn before your commission could in writing 
' i y(»u further communications that could be included in the evi- 
r. r ^ven by that witness under oath, and I inclose herewith such a 
" 'liunication in regard to the ^^ garbage system'^ of Hilo. 
\: you think it \a proper and of sufficient value, will you please allow 
* V inserted witn my evidence? 

Very truly, yours, L. A. Andrews, 

Sheriff of Hatcaii. 

H I— PT a— 03 12 



178 HAWAIIAN INVESTIGATION. 

BuBEAU OF Police, Shebiff'b Obtice, 

Hilo^ Hawaii^ September 2i^ 190t 
To the chairman and members of the Senatorial Commimm, 

Gentlemen : When on the witness stand before you in the sesgion ] 
held in Hilo, September 18, one of the questions asked was if hot 
were kept at the Hilo jail, and I replied that the horses used in t 
"garbage system" of the town were kept in a stable on the jail pre 
ises. It did not then occur to me that you would take any interest 
an explanation of our garbag^e system, but I have since been urged 
describe it to you, as some adverse criticism has been made on it, 
will, therefore, do so that you may embody it with my other evident i 

Honolulu is provided with a government garbage service, but 
provision has ever been made by our legislatures for such matte 
outside of the city of Honolulu. 

CAUSE OF STABTING THE PRESENT OABBAGE SYSTEM IK miX). 

During the year 1898, the rapid growth of the town of Hilofilli 
both sides of Front street with cheap Japanese buildings on the lowi 
land between the swamp and the sea. The strip of land betwec 
Front street and the swamp was so narrow that the houses built alon 
the inland side of the street had their back doors directly over tj 
edge of the swamp in some cases, and in others were so near to 
that there was not room for water-closets, except directly over tl 
water or mud as the case might be. 

Between the street and uie sea beach the sand is so low that tj 
water is reached from 2 to 4 feet below the surface of the groui 
The vaults of the water-closests in this new section all reached i 
water, and in most cases were formed of boxes built above thegroui 
and the stench arising from them was awful. At night the air at tl 
part of the town was heavy with the odor of human excrement, ( 
the condition of affairs was constantly growing worse. The amo 
of typhoid fever in that section was alarming. The Hilo hospital 
constantly crowded with fever patients, and the town doctors \^ 
overrun with cases that they could not get into the hospital and ha 
be treated in their own houses. The general health of the whole c 
munity was threatened by the constant presence of so much f eve 
the town. 

THE FIRST STEPS TAKEN. 

As agent of the board of health I felt that some decisive action sb 
be taken, and after consultation with the government physician 
other leading medical men, we came to the conclusion that the 

Slan feasible under the circumstances was to introduce a sj^ste 
ry-earth closets, and there being no public moneys available foi 
purpose, the system would have to be supported by popular sub& 
tion. \ 

I therefore applied to J. R. Wilson, of the Volcano stables^ for 
to haul away the closet deposits and general garbage. The best t 
I could get from him was $60 per month for each one-horse 
required. This included driver, but not helper. 

1 then personally, with Chinese, Japanese, and Portuguese inte 
ters, intei-viewed nearly all the housenolders of the lower part o 
town and the merchants, and got subscriptions for about %ll 



HAWUIAlf raVESTlOATlOK. 179 

th, iDoetlT from Japanese and Chinese. A few of the white mer- 
uLi- !ut«-nbed, the most liberal being the Hilo Mercantile CompaDy, 
!iti ti-i" per month, and the other subscriptions running from that 
DouDt down to 25 ceots per month, while some- of the white mer- 
not? refnsed to subscribe at all. 

A- ihe amount raised was not enough to pay for two carts that would 
r retjuired to remove the garbage,! arranged with Mr. Scott, man- 
•siT of the Hilo Sugar Company, to do the hauling for the money 
'bich I could collect, less 10 per cent for collecting, the fertilizer 
''t^Ded being supposed to he of some value to naake good the 

THE TIMK THE 5T8TEH WAS FIH8T 8TABTED. 

Wf began collecting in May, 1899. I detailed a police officer to 
k. &fter the work, and allowed him the 10 per cent for collecting as 
lira ijaT. Prison labor was used to remove the accumulations from 
iit privies into coctaiuers, which were carried out to the Hilo Sugar 
•MD^nv's cane fields by the plantation carts. A few prosecutions 
a<Jii KHisly institated soon had the effect of closing nearly all the privy 
•lalK in the low part of town and the substitution of dry earta 

TB£ DEVELOPICENTS DTTRINa THB FLAODE QUARANTime TIME. 

When the bubonic plague developed in Honolulu in December, 
'. the garbage system was running smoothly and made the extra 



lt«aiag of the town ooinparatively easy. 

Ihiring the month of January, 1900, Mr. bcott, of the Hilo bug 
V-cDpany. notified me that the amount of garbage had increased 



mui-D ttiat he must receive more money or give up carting the gt 
'i^gv.tiod upon appeal to the subscribers, February 1,1900, an increa 
«a> obtained of about 25 per cent. 

Mr. Scott then notified me that be would have to give up the bu 
n(^ because be found there was so much broken glass going into t 
i^ine fields that not only the workmen, but the cultivator mules we 
frp<(uentlv cut by it, and he severed all connection with the service 
the cod oi that month while the plague was still raging in Honolul 

THE PBBBENT STSTBH. 

On March 1, 1900, the present system was established, becau 
■<HDethiDg had to be done. It was in the midst of the plague quara 
lint. We were cut off from communication with the government 
Honolulu, ind they bad their hands full with their own troubli 
The down-town residences were nearly all supplied with dry-ear 
' Icneh which could not be neglected, even for a few days, witho 
r>k of dire results. No public funds were available, and we we 
urable to raise money enough by subscription to' regularly hire teai 
lo do the hauling, and there was no place within reach of town 
hial it to, where it would not become a nuisance. 

Being to a certain extent responsible for the starting of the garba 
nmonu and dry-earth closet system in the first instance, 1 felt that 
■pi^isl effort shonld be made to keep it going, and so boirowed mon< 
lod bought carts, harness, and mules, and ha^ the work continue wit 



180 HAWAIIAN IKVESTIGATION. 

out apparent change, except that prisoners were used to do the 
the money collect^ from subscribers beinff used to pay for fe 
the mules, the rent of land to dump the stujf on, and for the nee 
repairs and additions to the plant, the extra distance hauling i 
ing more wagons and draft animals. 

THE GARBAGE DEPOSIT GROUNDS. 

When the Hilo Sugar Company gave up taking the garbage j 
plantation we were unable to find a suitable place accessible I 
for a garbage dump. I used a vacant lot at first, burying the 
closet accumulation in trenches and making a great pile of the ^ 
and rubbish, but the pile soon became offensive to those who 
near. I finally leased a lot from the Waiakea Mill Company, 
east of the town, at a rental of J200 per year, which I thougl 
but less than it would cost to haul the stun up hill any distan( 
town. I built a road to this dumping grounds with prison la) 
road being built past the government quarry, past the board o 
pesthouse, and then on a future city street extension as laid 
the government survey department. 

TITLE AND OWNERSHIP OF THE PROPBRTT. 

I have bought everything in my own name and as a private I 
This was because I had no authority to incur any expense 
board of health or to lease land, either as agent for the board c 
or as sheriff of the island. There has been but very' little 
late from the section covered by the garbage system; m fact, 
two years past the Hilo hospital has never once been fillc 
capacity, and month by month the system has improved, so 
town is now in very creditable shape from a sanitary point of 

The business has increased graaually from 2 carts and 2 i 
the start to the present outfit, which consists of 2 large ti 
wagons, 2 small wagons, 3 carts, and a total of 11 head 
animals. 

These are horses and mules kept in a perfectly sanitary stall 
corner of the jail yard. The cost of this stable was paid from j 
collection money. 

The collections of $70 to $80 per month to begin with have i 
to an average of $200 per montn now. There has so far been 
in the business other than that the total plant is now won 
$2,200 and the indebtedness is reduced to $1,400, and if n 
occur among the draft animals the indebtedness should be cl< 
in three or four yeai*s, unless the town should grow so as tc 
increase in the size of the plant. 

I can only add that representatives of the board of heti 
department of public works, the attorney-general's departm 
the grand juries have investigated this matter, and have appj 

Respectfully submitted. 

L. A. Andrew 
Sherifo/B 



HAWAllA^r 15\Jfi?Il«>ATI« 



,\f'f*n< aj>jx/*fit<J hy tf^ f«.-**<«y .V'-"^^* .V-i*:r*?. 

UE>'TLE3iEx: We, the under-i^TKd Azi-erif^aii ^irLaaw n: "ii** r^t^*- 
'.» U'Tins of residence in Hawaii a£«i •>!»;cz*:ii:ai* -•*!€ '€n«:'-ir«* ;iir 
, r-i, respectfully repK^ent that w^ -r^^-w wm -^oiiio fi —iir 
...rit^s into the conditioo a&d nei^is' :f Havi^ iii«i •?ni'**:r*:'^ iit'-ur** 
.! support to erenr m€tts^Gre cfcI-:^i!A:r'i r: ^mtii-a m EutxI "Oti-^ 
'III principles of Justice and rl^tit of w^ji-ji •ne \nt*rj-aa laiii.ri j* 
» ' hief expont* nt- 

< Kir condition to-day L? oritkaL •l^ir w:c«»- jui'*'^ i****!! Jiimsrr^i 

•ho pbgne. an-i n,any of th.-=-!:i ^r»:TJ^r>,if-i "^ ~_i»* ±r*- it*»»-*-r-ir-^ 

. . imident to its? extin-ct:- •!*- <_»'-Lr ^ ''■^min»*Tic iiisr "^♦^-^a. Ik*:!-""^-! ,1: 

j.f i»f its re veil a*^, %ari c-iir 'jazjL* *i«i inLairia^ ji^^inmi a.- juiL iiiiii*r 

ivv contribation hj ih^ ^jizrzlj siizint^Tic *i ii**- 7i;i:njm«i :r 

• ■,■■■» or more of g*:^i riy.lr^x^i %z :fir !i>4:..ni-i«tL-*>?*, 'I'lr 'nit^z 

>trT is suffering- frees tit* y.-w z^j-^ :r ?«i;rir ta»i "Ht* -•:ar-ir^ :r 

. . Lik-^n and the en tin? •xm^.Tiiurr'. ^«-^lnl•»^^ :r ^ .♦•ac:< n .r -^•"jil 

■ - :.'-n. feeb the re^tins' immi".!!^ ^ctszlt^iv^ . -nr an r^x^r** 
:- 't-^iness has rcap:b**i an inzir^'^^ieap^i. irir^, lati -s» -tliL 

ir. 'Jii- unhappy o>&i:ri.'- ▼* ixi^* ^:nj.c iili^r^nr.* z r r*i:t-f Ji 1. 
"'t'-r *: -<ii>ent U:»»"-ar ^^.oL^* cr^- •I'lr *acjr* -a«:L-r7'iii. iniL "• •':!:- 
-:il ^iiLa'L'.c i* being" r^';»^'Cr-i ^i zzjt ns *< "*^:r"i.:L*r urn lazni iia^ 

•initt^ that nir^t r:1>-t* zzi>sL. 
Wo ask thr.rL^:! yici f.r astri:rCL3«!«^ rr:cn '_.'fi»iT'^^. JLiit iii arx 
ur w>lat^ p-.r-mic. ir. izk Tr:c'j*> ^t-.d-**- !?♦ -. 1*^ -• mt^ iii'*i::ii-a.- 

■ urv tXHivinceii rr.zhZ -oii ^'.ircirt.q c mnr.aa^ -^ar.ir**?' '». ".it* *T:#^'jiu 
.- <»f outlvins" lif^m^iTy^ > r*a»«:aii.':t»*: i.iii nt**-*-*?-*."^. 

II. Suoh a pr '^•'i 'j '^•:c^rT«>f f r lit* j ••al *:r3»*niiir.;r* x *"-1ji»: 

.II. A law 10 Z'f^rzuz zzt^ i*~ ,^-t n .r ^ r»a»-*:aii. •»* nirr. '#*r .r /i.- 
-^ n»ld tir« r^rr :i:iii»*r -sij*:! rr'-C**^' r»?TCr.rni »!!♦ »-• iia.. I111.3 '-1#-'il 

-r.^ and traii-^. 

^ iu" as' Hawaii > ^t:«»:**n»t*i tzi* utm^—- ^i:a ;f -^u'!! u •r "w^ . if rt 
-.' f .'-aiali^.c iz'.a wiJiJs. a p»r.«^#tJ^ji» ij.«i uj-. .iLr.* ^^i i.-*""!!* 
•'- . 1 iLis tr z.'^zkm, '* JLZZTT ta-i :^ 'il>*^L 

'•aa !actia«. ri Azit^ru:aa ni ^*. wiii JLJir-T^j'n^ 2^ ^ !!.••.■•- i-i»i 

. n^ JEW V x*:**! I2l^ r?^»^i:^ r^t; ::ir»^iiKii-l* r ri-ivu. 7,11 ■¥,_ 1*: 
^1-r ii a w>-*5^ aaii L*«rral ioaslz^t \i^ aaciicii. p» ...i- .f p r.r^*' 
1.M ir'^raf-Cictia:^ if »»'wiT- fc^i.-ilr^tt ti friL i_ T!i»^ "•'le'i-i* :f T iir 

w^^ wxTzni ii cc:r ■ ■ a ti i * a«:c 3:*^r^iT v- ,«:Lr tcl^'^ 



T 
» 



182 



HAWAUAN IKVE8TIGATI0K, 



Hawaiian citizenship, but also to the merchant, manofactarer, 
laborer on the mainland, of whom we shall be able in the f utu] 
make even larger purchases than in the past. 



Name. 



Percy M. Pond.., 
Chas. H. Gilm&n . 
Chas. J. Cooper... 

W.A.Bowen 

A. W. Pearson 

W.D.Weatervelt. 



F.J. Turner 

W.J.Forbes 

Jacob Beenwald 

W. Thompson 

J . M . Ulunahele 

JohnEppinger 

Chas. F. Murray 

Guy Kelley 

K.B. Porter 

Wallace R. Farrington 

H.D.Thlrkield , 

Q.H. Berry 

Edwin Benner 

Albert Waterhouse 

A. O. Marcalliua 

Richard H.Trent 

Zeno K. Myera 

Arthur B. Wood 

Robert W. Shingle 

John Albert Matthewman. 

Wm.P.Kapnlanl 

Emie A. Bemot 

E. L. Bemot 

Theo. F. Lansing 

C. 8. Melght 

H.C.Morton 

W. J. Johnston 

W.Q. Ashley 

I.T. Law 

C. 8. Hall 

F. A. Hays 

W.T.Schmidt 

Clinton J. Hutchins 

C. A. Falk 

N. Hawthorne Bpltzhn 

J. Andrade 

A. LSilva 

Jas. L. Torbert 

H. P. Benson 

Frank J. Briger 

T. W. Mahnlng 

Gerrit P. Nilder 

O. G. Traphoyen 

Wm. C. Parke 

B.H.Pans 

G.H.Pecht 

E.0 White 

Ym Chung Hoon 

BolD.Koki 

Wm. W.Hall 

H.A.Glle» 

H.S. Simpson 

P.A.Drew 

J. R. Gait 

Wlllard E. Brown 

W.A.Love 

F Halfltead 

C.H.Cooke 

L. E Piulcham n 

Ca^hus Mackintosh 

Jas. G. Spencer •. 

K.N.Halstead 

H.P.Eakin 

Wm.Blai8deil 

C.L.Crabbe 

W H.Hoegs 

H H.0tlii 

OttoA.Bierbach 

K.B. Reedy 

W.C.W.Rennot 

c.j.Campoeu 



Occupation. 



Real estate 
do 



Shipping and commission. 

Newspaper manager 

Clergyman 



J 
Hi 



61 



2^ 

5 



Clerk 

do 

Printer 

Clerk 

Captain of schooner 

Accountant 

Bookkeeper 

Clerk 

Merchant 

Editor 

Bookkeeper 

Manager B. C. Agency 

Clerk 

do 

do 

Accountant 

Insurance manager 

Merchant 

Stockbroker 

Lawyer 

Clerk 

Cashier 

Fish inspector 

Tnmnmceand commission 

Merchant 

Clerk 

Broker 

Accountan t 

Business manager 

Clerk 

Agent 

Clerk 

Insurance 

...-do 

Clerk 

....do 

....do 

....do 

....do 

Watchmaker 

Searcher of records 

Merchant 

Architect 

Lawyer 

Hardware 

Bookkeeper 

Hardware clerk 

Clerk 

Shipping clerk 

Hardware 

Clerk , 

....do 

....do 

Banker 

Broker 

....do 

....do 

Cashier bank 

Merchant and contractor 

Clerk 

Merchant 

Manager locomobile company 

Broker — 

Insurance agent 

Clerk 

— do 

Merchant 

Dniggist 

Stevedore 

Merchant 



3 

d 

i 



BAWAIIAK IKVItSTlOATIOlf. 



183 



Ni 



L \ 

: J 



* R 



BL. 
Cii 
T 
« W 

R 

I" 

Han 



PltfUianrt. 

irtle 

pbdl 



Watklns 



. >^, 



Occupation. 



Ouhier» mercantile house. 
Clerk, mercantile house . . . 

Merchant 

do 

Insurance axent 

Attorney at law 

Cashier, W.R. Castle 

Stevedora 

Attorney at law 

Buyer 

Cashier 



Resi- 
dence in 
HawaiL 



29 yean. 
27 years. 
21 years. 

Do. 
4yean. 
68 years. 
4 years. 
8| years. 
5i years. 
41 years. 
6 years, 
itf years. 



Honolulu, Septefmher S6, 190^. 
Hoii« John H. Mitohell, 

Chairman of svboommittee of United States Senate 

Cantmittee on Pacific Islands and Porto Rico^ Honolulu. 

Slr: By the mail just to hand ex steamship Manna Loa^ I have 
n^oMved the inclosed memorial, signed by the principal coffee planters 
'*f Kona, island of Hawaii, which, unfortunately, has not reached here 
ill time to be presented during the reeular session of your committee. 

1 hope, however, that the same can oe included in the records of the 
lommLssion, and should you desire to ask any questions I shall be 
plcrased to wait on you at your convenience. 
Very respectfully, yours, 

F. J. HUMBUBG. 



Holualoa, Kona, Hawah, Septefmher ^, 190B. 

At a public meeting of coffee planters and others interested in coffee 
I tilture, held at the schoolhouse here to-day. Judge Clark, chairman, 
K. 1*1 Hime, secretarj', a conunittee, of Messrs. Bruner, Wallace, Mul- 
!• :, Cockburn, Maydweli, and Hime, was appointed to draw up a 
" «*morial giving for the information of the delegation a brief review 
• f the coffee industry in Hawaii. 

The committee submitted the attached memorial, which was then 
rt-ad. unanimously indorsed, and signed by those present. 

It wmtf further decided to ask Mr. J. F. Humburg, of Honolulu, to 
apiiear before the delegation now sitting in Honolulu and on our 
•*Dalf to present to them our memorial and to give to that honorable 
oiy all toe information possible on the subject of coffee culture in 
:i:swmii, the difficulties unaer which it is suffering at present, and how 
"' may be fostered and encouraged by action of Congress at their next 
fitting. 

Oeoboe Clark, Chairman. 
F. E. HiHE, Secretary. 



184 HAWAIIAN IKVESTIGATION, 

HoLUALOA EoNA, Hawah, September 22, IJ 

Hon. J. H. Mitchell, 
Hon. J. R. BuBTON, 
Hon. A. C. FosTEB, 

Svbcommittee of the United States Senate 

Committee on Pacific Islands and Porto Bico. 

Sirs: The undersigned coffee planters and residents of Not 
South Kona, island of Hawaii, beg to submit for your considi 
the following memorial on the condition of the coffee industi 
earnestly invite your attention to our need of assistance in the 
protection, and ask for a duty or its equivalent of 3 cents a poi 

Hawaiian coffees are sold in the market in competitioner 
highest grades of mild coffees jproduced in Mexico and the 
American States. While all conees have been affected by th 
production of low-grade coffees in Brazil, the superior grades 
fee producd in the Central American States, Porto Rico, and 
do not come into direct competition with the low Brazilian gra 
they have fallen very materially in price in the last few y« 
result of the immense overproduction of Brazilian coffees. A 
there is a large and increasing surplus of Brazilian grades 
markets of the world, the stocks of mild coffees have not accui 
which distinctly shows that these grades are capable of con;^ 
increase of production. 

The districts of North and South Kona have been producic 
for a great many years, and the industry has been tne main 
the money crop of the bulk of the population. The plant 
mainly in small holdings. In consequence of the recent low 
coffee, about one-half of the area in coffee has been neglected j 
abandoned. At the present time a great many of the popul 
suffering on account of the low price of coffee. 

The coffee industry is capable of indefinite extension on thes 
and appreciating this fact, the old Hawaiian government 
industry all the encouragement it could, by a duty of 6 cents 
and exempting coffee plantations and machinery from taxatic 
^ears. As a consequence of this encouragement a great many ( 
m the industry, and great quantities of machinery were imp 
mills erected, until at the present time there is sufficient n 
and mills on the islands to take care of ten times the present 

The total exports of coffee from Hawaii for the fiscal ye 
June 30, 1901, was 26,622 bags of 100 pounds each, of a 
$804,606, or nearly 12 cents per pound. This was the oust 
valuation and the values were based on what exporters ex 
receive, and it is undoubtedly greatly in excess of what the i 
realized. The fibres for the last period are not known, but 
show a great falling off and emphasize the great effect low p 
had on the production. 

Hawaii and Porto Rico both have produced twice the c 
now produce, and some protection would revive the industr 
countries, which are at present producing 5 per cent of the e 
sumption of the United States; and as the importations from 
low grades of coffee are 80 per cent of the entire importations, 
that Forto Rico and Hawaii are now producing 25 percent of i 
tation of mild or superior grades of coffee. Veiy little Po 
coffee comes to the United States by reason of better markets i 



HAWAIIAN INVESTIGATION. 185 

hi recent dispatches state that the President on September 6 pro- 
Ainied an agreement entered into with the Government of France on 
MguA 22, last^ extending an important trade advantage to Porto Rico 
X the admission of the coffee produced on that island to the French 
tAikets at the minimum tariff rate. 

Coffee is about the only industry that is capable of extension on the 
iknds of Hawaii that can be taken up by the small farmer and family 
f limited means, and the past and present productiveness proves that 
iv^ crops can be raised here, and with a small amount or protection 
bt^ industry would be remunerative, and be the means of oenefiting 
11 \boi>e who have small holdings on the islands. 
The United States are now paying out over $60,000,000 annually in 
he purchase of coffee, and it is the only great agricultural industry 
bt the newly acquired American territory can produce in very greatly 
ncreaaed quantities that has no protection. Coffee is now produced 
n countries that have cheap labor and a depreciated currencv, and in 
eturn for the immense sums annually paia to these countries in the 
urchase of coffee the United States are receiving in return only a f rac- 
[oD of the trade of these countries. As instance Brazil, for the fiscal 
t?ar ending June 30, 1901, exports from the United States over 
lljN>a,0OO and imports into the United States over $70,000,000. 
We in Hawaii, under American rule and higher standards of living 
nJ higher-paid labor, are unable to compete with the great coffee- 
^iducing countries without some protection, and we therefore repeat 
lor request for assistance in the way of protection and ask for a outy 
T its eouivalent of 3 cents a pound. The Philippines, Cuba, Porto 
lico« ana Hawaii can produce all the coffee requirea for the consump- 
ioQ of the United States, and all that is necessary to achieve this result 
5 the imposition of a high duty on coffee. This would at present and 
or M)me time to come raise the price very little to the consumer on 
iTouDt of the great overproduction of coffee in Brazil, and in a very 
}nA period there would be a sufficient home production of coffee of a 
opener grade. 

We are, very respectfully, 

Wm. W. Bruner, Robert Wallace, Waldemar Miiller, Ab Cock- 
bum, I. E. Himes, Jno. Hind, Alice F. Beard, Thomas C. 
White, Mrs. Isabella McDougall (G. McD.), South Lona 
A^icultural Co., Ltd. (per (?. W. McDougall, manager), 
W. J. Yates, H. K. Bryant (per F. R. G.), Frank R. Green- 
vell, Jas. Cowan, J. A. Maguire, R. O. Woods, H. H. 
Smyth, T. Gaspar, J. Eaelemakule, L. S. Aungst, George 
Clark, John Greig, J. K. Nahale, Guy F. Moycfivell, J. W. 
Eeliipoa, Thomas Silva, M. L. Gordon, A. McWayne 
Estate (W. D. McW., manager), John Samoa. 



Honolulu, Hawaii, September 5, 190S. 
[Jun. J. H. Mitchell, 

Chairman of Sena/torial In/oeatigating Coinrmttee 

of Ilonohdu^ HawaiL 

Sib: I have the honor to submit to your honorable committee the 
following sentiment of the real American citizen residing in Honolulu 
fur your consideration of the following facts that have destined these 



186 HAWAIIAN IirvrESTIGATIOK. 

islands to their present terrible condition, as we are to-day in a 
cial eruption, an active volcano between the three departments, m 
executive, legislative, and judiciary, a disturbing element a 
American tradition in a foul atmosphere of Asiatics with bitj 
toward Americanism, and they are protected by the courts and 
where. 

The facts that the Republic of Hawaii was born amid the th 
a tropical revolution and the president of the so-called repub 
nothing more nor less than a dictator while enjoying the title 
enabled him in a measure to disguise the real scope of his ofl 
same party is now governor of ttiis Territory and seeks to per 
all of the conditions which existed under the so-called republic! 

The provision in the organic act the governor has every es 
department of the now existing, it would oe difficult to imagine 
complete centralization of power in the hands of executive au 

We are to-da^ between many fires, namely, the missionary, 
timers, the natives, and the Cninamen. The missionary elen 
disappointed, as for many years they shouted themselves ho 
American customs and liberty. Anybody could imagine that \ 
est and sincere, but it now really appears that a considerable 
of the liberty advocates committed perjury or lied to their sen 
as the very nrst real test of Americanism m this Territory fou 
wanting. The claim of the transition period and our flag desc 
Constitution is not a struggle to hold the few illegally convic 
oners, but deeper in the tottom is the period of land gran 
leases awardea of lands which belong to the United States 
ment, and also they ridiculously desire to repel the restrictiot 
surrender to them the custom duty, even to suspend the Con 
in their favor. 

The old timers are composed of British. Notwithstanding! 
swore allegiance to the United States, they are jealous and ii 
for they claim that these islands, in fact, belong to Great Brit 
they are generally opposed to American tradition. 

The natives are vehemently protesting against America 
their land and depriving them of their beloved queen. 

The Chinamen, who nave here the most protection, as t 
every litigation against Americans and all the business is 
hands, are the greatest enemies to Americans. Woeful and 
an American to have him a lawsuit with a Chinaman. 

In regard to the leper settlement it is only a money-makinj 
which tne committee can easily discover, it became so far t 
an American is a crime. Sometimes a young man with an t 
discharge from the army of Manila appli^ for a positio 
electric road. The answer he received that Americans ar< 
ployed here. He was thunderstruck that in American tei 
DC an American is a crime which even in Russia is an honor. 

In regard to the fire claims, this is a fact that many tho 
dollars of the people's money was either wasted or illegally us^ 
the bubonic plague. It is generally believed by a great major 
people glancing over the columns of a newspaper inclosed — a 
son of the cost of stamping out the cholera epidemic of 1895 
cost of the the bubonic plague in 1900, the f ornier cost abou 
only and the latter cost alx>ut (677,000, eleven times as mi 
the whole work of the bubonic board of health should receive 



HAWAIIAN INVESTIGATION. 187 

niung^ investigatioii at the 'hands of the committee is apparent. 
U were contracted and paid without any sembl&nce of autnority; 
blame for the wasteful use of public funds must be placed where 
^' longed. 

'b** only remedy foe Hawaii, the deliverance of this Territory from 
ie:id, broken condition, is that Hawaii wants an active, com- 
eot man for governor, who has no skeletons in the closet, who is 
afraid of his shadow, who can figure out the prospective revenue 
the Territory, and who can adjust the public expenditure in accord- 
^ therewith, with business principles, farsighted, and push ahead; 
D. and not before, this Territory, which is gifted by nature, will 
x>ine the American paradise of the Pacific Ocean. 
\^ to my own personal grievance, I will state it later if the committee 
il permit me. 

Your obedient servant, Isaac Naab. 



BOXIC BOABD OF HEALTH ICADE THE DOLLABS FLT — EXPENSES OF 
FHE LATE QUARANTINE OOMPABED WTTH THOSE DUBINO THE CHOLEBA 
lATBBEAK — THE OOST IK ACTUAL MONET SO FAB MOBE THAN TEN 
nMES WHAT THE FOBMEB BOABD PAID — FABULOUS AMOUNT OF FIBE 
UO^ES BXMAIN UNSETTLED. 

Within the last decade the city of Honolulu has been visited hj two 
MTges of infectious and contagious diseases, which have necessitated 
lumarr measures in order to stamp out the trouble and protect other 
tiVs from danger of becoming infected, as also the other portions of 
b< group of islands. 

Quarantine of the strictest type was placed about the town on both 
c&Aions; arbitrary rules emanating from the board of health tempo- 
rily overrode boui police and militarv regulations; even the schools 
id churches were placed under the rules prohibiting the gathering of 
t* people. 

In the quarantine on the occasion of the visitation of cholera the 
ork was oone promptly and well, and by the vigorous means employed 
le cause of the trouble was sought out, dragged to the surface, and 
leedily killed. For in this beautiful city there are a thousand and 
le advantageous conditions for fighting an epidemic such as beset 
le port, althou^ there are many other conditions of quite the oppo- 
te character. The splendid public spirit of the people helped official 
lion to an immeasurable degree, and in spite of the fact that this 
ty liej^ well within the confines of the torrid zone, a short time wit- 
'--ei the subsidence of the cholera and a return to commercial and 
vial contact with the rest of the world. 

Tho^ were trying and exciting times, but the people stood the test, 
Qd the scourge was checked, controlled, and finally stamped out by 
le united efforts of all. 

The outbreak of Asiatic cholera in 1895 will long be recalled with 
orror by the residents of this city, and the more recent presence of the 
ubonic plague is still very fresh in the minds of all. It took thirty 
tys to destroy the hold of the cholera and effectively rid the city of 
be dread disease, while the grip of the black death remained on the 
itys throat for nearly or quite three months. 



188 HAWAnAN INVESTIGATION. 

CHOLERA BHEAKS OUT. 

In the plague scare of 1895 the first case of cholera was posi 
diagnosea as such, on August 17, and the last of the 91 cases re 
came to light on October 2. The progress of t)ie disease was c 
in a comparatively short space of time, and at the expiratm 
weeks from the discovery of the first case Honolulu was in j 
sanitary condition than sne ever was before, while not a trac( 
terrible disease remained, except in the saddened memoTies < 
whose dear ones were claimed as sacrifices. 

The measures adopted by the board of health under W.^ 
were radical and splendidly effective. Stringent rules wer 
practice regarding the use of fish and all manner of sea foo<! 
town was districted so that upon the appearance of a suspic 
the facts were at once discovered by the physician in char 
district, and the case was immediately isolated, while ever 
means for preventing a spread of contagion was applied a 
treatment given the unfortunate patient. 

Guards patrolled the coast and allowed neither egress no? 
the city. Great stretches of taro patches were destroyed 1 
the board. Many other wholesome rules were also promu\{ 
were distasteful at the time, but which in the light oi subseq 
are proved to have been for the best. 

GREAT EOONOMY SHOWN. 

The cost of stamping out the ten*ible cholera, from whi 
occurred in about six weeks in the heat of a tropical sum 
sum of *61,697.55. 

This sum, according to the complete report of President 
includes the pay of enjployees, hospital expenses, transp 
plies, the burial of the dead, food and clothing, damages 
and effects destroyed, buildings erected for the accommo 
sons who were removed from infected localities, the cos 
ing and disinfecting plants, and all incidental expenses. 

Great care was sought to be exercised and accurate ac 
all transactions. 

Among the expenses was the pay of patrol guards — nn 
foot and boats m the harbor and in >ruuanu stream. 
guard duty performed by large numbers of the citizens 
in the adjacent districts of the island was supplementary 
of the paid guards and employees. 

Sixty -one thousand six nundred and ninety -seven d< 
five cents! And all the bills paid and all trace of the d: 

The correctness of W. O. Smith's report has not h 
and can not be questioned. The actual cost of stamping 
virulent cholem in the summer of 1895 was only ^61,69 
the means for handling a terrible epidemic were not ys 

So much for the cholera. 

BUBONIC PLAGUE. 

During the week ending the 16th day of Deceml 
diagnosed as bubonic plague was discovered m this c 



HAWAIIAN INVESTIGATION. 189 

r. i tiy 70 other cases of a similar character. The last case was 
vivevi at the detention hospitals in the latter portion of March, 1900, 
i in all 61 of the unfortunates died. 

[here were fewer cases of plague than of cholera, and fewer deaths 
ultcd than in the cholera epidemic. The quarantine regulations 
rv of a similar nature in both epidemics, and the precautions taken 
fH»th cases something alike. At any rate the end desired was accom- 
^brd, and the disease was checked and stamped out. It took less 
te to control the cholera than the bubonic plague, but perhaps the 
f^ amount of money the late plague board bad to spend would 
)Iaio whv it took but six weeks to drive out the one and more than 
; -»' a> lonjr to suppress the other. 

rbo^ afflicted with the cholera were mostly natives, 82 out of the 
ca^-^ coming from among the Hawaiians. There were also 7 cases 
chulora among whites and only 2 Asiatic cases. The bubonic plague 
i!c{ei only 18 natives and 7 whites, while 46 Mongolians felt its 
rilic grasp. 

GABE VIBBSUS EXTRAVAGANCE. 

Few will say that the epidemics were equally well handled. At the 
L-^et of the cholera outbreak quarantine was declared, and the disease 
s pursued with unremittingwatchf ulness until the last trace of the 
^i^e had been destroyed. The plague visitation was not taken care 
with the same grasp and strength, although the means available for 
>hing the unwelcome visitor were far more ample. 
In the first place there was hesitation and uncertainty where there 
>uld have been decided action. Then measures were put in force 
ty to be rescinded within the day. And so it continued until the 
nicherous and stubborn enemy was well entrenched in the purlieus 
Uhioatown and sjiarsely sprinkled over the whole city. 
Thousands of Japanese were placed under guard at the drill shed, and 
mdreds of Mongols were held at the detention camps. The cost of 
taping the^ people in quarantine was enormous when compared 
rh the amount they would ordinarily spend for their own keep while 
liVrty. It has been even said that the cost per capita per aiem to 
hi the Japanese at the drill shed was $1.28 and the Chinese at the 
t»'Tiiion camp a proportionate figure. 

As it costs the average Jap about 15 cents a day to live joyously and 
I the fat of the land, the use made of the balance of the money in 
ipplring them with the food they made such a howl about is decidedly 
toe darL But, perhaps, the Japs demanded four or five courses at 
inner, and may be the liqueur for their cafe noir was expensive and 
ird to get And then, again, may be it was not the high prices and 
verbified grub that made the bills so boisterous. Who can tell? 
But the high cost of keeping the Mongolians in temporary durance 
x^ not the main difference apparent in sizing up the suppression of 
V' jilague. It was only one of them. 

Tiio principal circumstances wherein the cholera board differed in 
> management of its Quarantine from that of the bubonic board was 
I the total cost of ridoing the city of the pests. 

SOME GOMPARAITVE FIGURES. 

In cost $61,697.55 to get rid of the cholera, but the bubonic board 
P^nt 1677,500 to partially pay for stamping out the plague. There 



190 HAWAIIAK INVK8TIGATI0W. 

were some fire claims caused by the suppression of the cholera m^ 
tion to the amount chained against tne board, but th« total k 
would not approximate |lOO,000 for every possible expense. C| 
of a similar cnaracter for $2,000,000 and upward are still unpK 
the bubonic board. 

Here is a little table that will raise a question in the mmds o{ 
people: 

Cost of cholera qoarantine |6i 

Duration of cholere 

Gases of cholera 

Deaths from cholera 

Cost of plague quarantine |6 

Duration of plague 

Cases of plague 

Deaths from plague 

It will be readily seen that there were more cases of tyi 
suspected cholera than plague, more deaths from the cKo 
plague, less than half the time required in putting down i\ 
than the plague, and the price was less than one-tenth of t 
was paid to exterminate the plague. 

COMPETENCE AND TNOOMFETENCE. 

Shortly after the cholera epidemic made its appearance 
the men m control of the board of health was to spot whei 
the disease was discovered and to apply all manner of d 
and preventives. 

Cholera is of a much more subtle nature than nearly i 
the great epidemic diseases. It spread in this city unti 
well-defined cases all the way from Waikiki to Chinatown, i 
all the territory covered by the pest, the cost of stampii 
the further cost of settling all subsequent claims for dan: 
the entire amount expended was appreciably less than %V 

On the other hand, the bubonic ooard displayed a vacilli 
confronting the commencement of the (Quarantine at th 
the plague. The board was clothed with autocratic rx 
edicts were as absolute in their effect as those of the C2 
yet the grasp of the bubonic board was weak at the c 
actions were swayed and influenced by the clamor of the 

The great mistake made in handling the plague ^was in 
unaffected areas of the city in a state of isolation instc 
the restrictions on the particular spot where the diseas 
Then within the lines of the quarantine of the Chinato 
residents of the quarter were allowed to go and come v^^he 
and had immediate access to the pest spots of the locali 
edly the visiting of the sick by the Chinese infected 
people. 

When the board of health finally came to a realiziii 
gravity of the situation it was determined to use fire : 
mfect the affected localities. As the plague increasec 
building was burned. 

Whenever a suspicious case of sickness occurred 
burned. A craze seemed to take possession of the pe : 
times adjoining property was destroyed in the effort a 

The lack of restrictions in regard to free access to i 
within the quarantine lines kept the plague aUve and ' 



HAWAHAlf INVESTIGATION. 191 

jadCTient on the part of the board. Bat the en-or most keenly felt 
ir, that was made by the board in dealing with the plague, was the 
t that the residents of these great areas hM to be provided for out of 
^ pablic treasury. Food was short as to supply and high in price, 
1 little or no system was applied in creating inaebtedness or m the 
bursement of money. After the disease had succumbed several 
l:i for large amounts were presented and paid, and the board is still 
todering who authorized the contracting of them. 

WH£R£ IS THE MONEY? 

The fire losses, none of which have been adjusted, have been vali- 
dly estimated at from $1,000,000 to $10,000,000. The conservative 
ople place the fi^re at somewhere near $2,000,000; and from 
e>ent appearances it would seem that the prospect of final payment 
a^ far as ever from the point of liquidation. A suggestion was 
vanced sometime ago to have the legislature at the coming session 
t upon the matter, but for some untold reason the memorial was 
elred. In the meantime the people who are not interested in getting 
Sre loss adjusted are beginning to wonder why it costs ten times as 
uch to handle the plague as to suppress the cholera. 
An effort is soing to oe made to try to find out. 
Why was itt 



f' thr hmoTcMe 9vl>committee of the United States Senate Committee 
'//i Ihcijic Idands and Porto Rico. 

Gentlemen: Your memorialists, representatives of the Chinese 
immunity in Honolulu, deeming it an act of Providence that directed 
•u to come to these faraway isuinds of the Pacific to investigate the 
Isirs of the youngest Territory of the United States of America, 
':»p(x'tfully represent on behalf of the sufferers by the great fiire of 
imuary 20, 1900: 

That during the months of December, 1899, and January, 1900, 
ubonic plague was said to have obtained in Honolulu, and measures 
ere taken Dy the local board of health to stamp out the deadly malady, 
.t tirst buildmgs where plague patients had died were ordered to be 
e^troved bv fire, but finally other buildings were burned at the 
iH:retion or the board of health. A large proportion of the struc- 
ured within the plague-stricken district, inown as Chinatown, were 
^troyed as a result of the drastic measures instituted by said board of 
^Ith. The various fires that took place prior to Januarv 20, 1900, 
id not cause any very great calamity, because they were kept under 
ontrol, but the fire of January 20, 1900, produced such disastrous 
v>^ults that the effects of it are keenly felt at this present day. 
The board of health had decided that certain buildings at the rear of 
Laumakapili Church should be burned on that unhappy day, and at an 
artv hour torches were applied to the buildings at the rear of the 
Iturch. Soon there arose a nigh wind which rendered the flames more 
iinoas so that burning cinders were carried to the top of the steeples 
)f the church. Before long the steeples were in flames, and owing to 
J)eir height all efforts to quench the fire were baffled. From this high 
'luineoce burnmg cinders were carried by the strong wind which pre- 
vailed to the other buildings of the district, and m a very short time 
tbe whole of Chinatown was m flames. 



192 HAWAIIAN INVESTIGATION. 

The people confined within the narrow limits of the plagues 
district rushed out into the streets for safety, carrying witutii^ 
most valuable articles, but these the guards seized and cast h 
the burning buildings, whereupon the people had to leave bote 
their earthly treasures, which they had accumulated by years 
mitting toil. The flames drove tnem on toward the entranc 
quarantine district. Here they were met by soldiers ^\tb 
and by citizens with pick handles obstructing their exit 

At this juncture excitement was hi^h and there was immli 
ger of bloodshed. But better counsel prevailed, for the civ 
ities personally allayed the excitement of the multitude 1 
them that the Government would surely recompense the 
losses sustained. Relying upon the representations of the a 
the people of Chinatown subdued their rising tendency to { 
and were driven meekly in hordes to the old stone church a 
racks, and thence to the various detention camps, where th 
untold hardships. 

When the people were released from the detention camps 
that their homes were made desolate, and many were fon 
on Government highwavs. Trusting, however, to the rep 
of the authorities fliat they would be recompensed for the! 
refugees of the great fire bore their hardships with Job-li 
Without employment or occupation, they were forced l 
public and private charity, witn the hope that the Goveri 
soon pay their losses, when they would oe able to build u 
homes and places of business. 

But months and years have passed since the great fi.re, 
faction has been made by the government to pay the sui 
losses sustained. Impatient at the delay of the governi 
burse them, many of the sufferers became despondent ai 
take their own lives; others worried over their losses s 
dering whether they would ever regain their former st 
community which years of unremitting toil had estal: 
brought on sickness and death, leaving their wives ai 
helpless circumstances; and still others were driven to 5 

Notwithstanding the untold sufferings which the people 
endured, the court of claims, created to adjust the claim 
ers, has increased their sorrow by cutting down thei 
average of 50 per cent without reason other than that 
ation was insufficient to pay their claims in full. But 
For, to add to the burden which has become too hea^ 
government is unable to pay even according to the awa 
of claims, partly owing to the deficit in the Territory 

f)rmcipally to the fact that the appropriation made by 
ature was ultra vires, in that it exceeded its powers^ ui 
tions miposed by the organic act as per section 55 of 
secjuently, the warrants which were to have been issued 
have been withheld. 

In view of the present financial condition of the 
Territory; in view of the illegality of the appropriati<i 
tonal legislature; in view of the tact that one and a 
of the customs collections of this port is yearlv trji 
coflers of the Federal Government; and in view that 1 
parcel of the United States of America, and in viev 
lact that the people are still suffering from the eil'< ; 



HAWAHAK nrVBSTIGATIOK. 193 

e, either directly or indirectly, your memorialists humbly pray that, 
Kv you have so providentially come into our midst, you may make 
.^nxigh investigation of the distressing conditions of the sufferers by 
f «rreat fire, and use your influence at the next session of Congress 
unre the passage of a bill appropriating an amount large enough to 
ly tbe claims of the sufferers m full; ana for this your memorialists 
iii ever pray. 

We hare the honor to be, gentlemen, your most obedient and hum- 
K.' servants, 

W. Chas. Ahpook. 

C. Kb. Aj. 

L. Ahix>. 

Wong Chow. 

Chun Wing. 
Dated September 13, A. D. 1902. 

H050UXC, Tebbitobt or Hawah, U. S. A. 



^- ih^ honarMe mbcomfnittee on Pacific Llands and Porto Rico 
k!.x trilby Congress to investigate conditions and government o^ the 
T rrtdyry of JBatcaii, 

(f entlemen: Having been practical and actual farmers in the State 
if I'aliiomia from 1846 to 1879, at which time we came to the Hawaiian 
.<ilnds (where we have continued farming to the present time), we 
M that our experience in this line in this Territory during the past 
venty years qualifies us to speak intelligently upon the subject of 
U\(ndfied agriculture of Hawaii. 

We fir^t located on the island of Maui, where we entered into an- 
OTT^ment with the Hawaiian Commercial and Sugar Company to 
;>Lint cane, with the further agreement to sow grains of all kinds and 
pknt vegetables on the lands of the company. 

U]x>n our arrival we were told that diversified farming could not be 
om^le profitable in Hawaii, but after looking over the island and inves- 
tipitiiig the soil we concluded, like many wno preceded and succeeded 
U.N that those who had tried farming previous to us did not understand 
their business. Like all newcomers, we based our opinions upon con- 
liitioDs existing on the mainland. To us the most favorable conditions 
of climate and soil were presented and, against the advice of those who 
had tned general farming in former years, we plowed and sowed to 
larievand oats several hundred acres. It came up and looked well until 
it wasaboat 1 foot high, when it was attacked by worms and the entire 
crr)p was destroyed. We were not discouraged, however, and the fol- 
lowing vear we sowed all the land we had cultivated the first year, 
lod added auite a lot more; the result was the same as m the first — 
no crop. A Dout this time the idea occurred to us that those who tned 
farming previous to our arrival had amved at about the right con- 
t ludioD« viz, that general farming was not a profitable investment, and 
we did not try it agam on Maui. 

In the fall of 1882 we came to the Hamakua district, in the island of 
Hawaii, and took up cane planting, general farming, and stock rais- 
ing. The land under our control extended from an elevation of 200 
feet at the seashore up to 10,000 feet, which is the limit of the 
vegetation. 

H I— PT 3—03 13 



194 HAWAIIAN INVESTIGATION. 

On this tract of land we have tried all kinds of trains during 
twenty yeras it has been in our control and at all ekvations 
1,250 feet up; no results were obtained from wheat, barley, or 
They all came up well and did well until they were about a tool 
when they were always attacked by worms, as they had been on 
We never had even pasture for the above grains. We have i 
corn and potatoes more or less every year, and we have been ] 
get a paymg crop from these last two for about one year out of 
but the losses have always exceeded the receipts to suchanexU 
we have practically given up this kind of farming, and are pi 
willing that some one else shall reap the fortune and dory IbsLi 
obtained from general farming in tlie Territory of mwaii. ! 
candid opinion, based on experience covering a period of tweci 
years in the Territory of Hawaii, that general farming wi 
pay until science comes to the relief or aid of farmers and 
enemy for the pest that infest our soils. 

We will add that in the forests, using virgin soil, the cb 
even that there will be a paying crop the first year, but in tl 
year all the insect pests tnat innabit our soils, with their reh 
friends, will be there waiting for the innocent and unsuspecl 
er's crop to get well started, when they will attack it, and 
all his efforts his crop is doomed; the result is that, farmi 
general farming is concerned, are practically abandoned. A 
Sbing else, there are exceptions to the rule, but cases wh 
has been obtained are so few, and the small tract f avoral 
and the return so small in comparison to the time and lab 
hears but little about them. 

In 1889 we began the growing of coffee, which was sel 
time in the market at from 18 to 22 cents per pound. As 
well in this district and in many other parts of this group^ 
that we had at last found something outside of the sugar 1 
would pay. We continued to extend the cultivation of c 
few years ago, and now have about 400 acres, but after we I 
our area the price went down, our last account sales i 
$95.10 net for 1,000 pounds of cleaned coffee, while the 
duction and marketing was $105.26 for 1,000 pounds, ^ 
loss of 1 cent per pound for every pound produced. The 
vation is maae up as per memorandum herewith attac 
expenses of owner or manager and family are not incl 
estimate, only the actual labor, etc. ; the coffee being ui 
management as the sugar plantation we do not have this e 
A great many homesteaders Iq this district having Ic 
the coffee they picked last year did not harvest their c 
realizing the fact that they would save money by not 
In many cases they have left their homesteads, and ha 
found employment on the adjoining sugar plantations. 

In our own cases we have decided not to cultivate o 
more, and what was once one of the most promising* and 
coffee plantations in the Territory of Hawaii is no^w neai: 
of a wilderness, and this will be the end of most of thei 
tions in this Territory unless there is something done 
States to encourage its cultivation. 

High cost of labor is much against it. Again, the tr i 
picked ovei at least three times to ^et the entire crop, i 
South American countries one picking suffices. 



HAWAIIAN INVESTIGATION. 195 

Again in most cases it is costly to transport it to the landings, 
freiphfa are very high to Honolulu as you will notice by glancing at 
the memoranda attached. We are. perhaps, as favorably located to 
fTow coffee successfully as any otner planters in the Territory, for 
ve can generally send men up to assist in picking. Again, when 
there is not work in the coffee the men are given work on the sugar 
I'bntation. Thus one works as an assistant to the other, whereas 
nJependent planters or those who have coffee only can not afford to 
K^ep the men between the time of the pickings and are obliged to 
•l*'pend on getting extra men when they are required. In many cases 
the men are not to be had and the coffee is not gathered owing to this 
*>horUge. 

We therefore say that, without assistance to this industry, there 
will be left only sugar, rice, and stockraising, but with proper 
f ncouneement it can no doubt be made an industry ranking next to 
^ugir. There is approximately 200,000 acres in the Territory suitable 
for the cultivation of coffee and it would soon be occupied. 

There has been an agitation for many years both by the press and 
^rblinduals to encourage small farmers to settle here. That it ma^ be 
Kix>mplished is the hope of every Anglo-Saxon in Hawaii, but it is 
l>rv|)osterous to encourage people to come here until the coffee is pro- 
tM'ted in such manner as Congress may devise to put it upon a paying 
^ttM«« and until science has solved the problem of eradicating pests. 

It haj$ been demonstrated that of tne various branches of agricul- 
ture tried in Hawaii, coffee is, up to the present time, the one best 
suited to the man of limited means. Nothing is more beautiful than a 
l^>me in the center of a coffee plantation and there the American 
rill find his surroundings most pleasant. 

If the 200,000 acres mentioned can be settled on by American fam- 
ilH-N then this Territory would indeed be, not only the paradise of the 
t'n'ific, bat the paradise of the world — a condition which can not in 
^tlitr exist while sugar and rice are the only industries which may be 
[■rodtably maintainedT 

John M. Horneb & Sons, 
By A. HoRNEB. 

^ti 110.00 

''^ng 18.00 

"^isinjr 6.00 

" ^ inff 5,200 poandfl berries or 1,000 pounds clean coffee 32. 76 

^tiTrtiitfMuiie from field to coffee house 2J96 

'=';'<oir. (IrTing, bamng 5,200 poonds berries 6.625 

«^« 'f bnp for parchment 867 

•* of bi0 for clean coffee 1.428 

■f.^^ to laodtng 487 

; rr'^iMtat 125 

' • *1 .HT TO HovoLULtr 2. 37 

^Mi.RT TO Sax Fxavcuoo 1.625 

• "Age in 325 

• ■'■nf, poUsbiiiff, mding *. 7. 625 

iw'JpdriM.r!:......... 7.35 

^-taie to wharf 25 

'•' sr 'niwranfe 825 

^**uA's 025 

;'* '<n)t lo«i in wetffht 1.598 

/ccjmu m 5.00 

105. 24i 

John M. Hobneb & Sons, 
By A. Hobneb. 



196 HAWAUAN INVE8TIGATI0K. 



KEPUBLICAN8 IN CONVENTION— PROCEEDINGS AT LENGTHY !« YE! 
SESSION— PERMANENT OFFICERS AND DELEGATES ELECTED il 
PLATFORM ADOPTED. 

Progress Hall was brilliantly illumiDated last eyeniDg. * * 
A. G. M. Robertson, chairman of the committee on resolulm 
read the following report: 

Be U resolved, We, the Republicans of the Territory of Hawaii iiv cot 
assembled, do hereby declare our adherence to the principles of tbeKepablic 
of the United States, and, in so far as we can, pledge our hearty eapport to i 
and its policy. 

We indorse the foreign policy of the Administration of President McKi 
congratulate the Republican party and its leaders on the position taki 
resulted in the annexation of Hawaii. 

We appreciate and are thankful for the liberal terms of the act whereby 
constituted a Territory of the Union. 

We look forward with eager interest to the laying of a cable that will ct 
Territory with the mainland and the world, and to the speedy coniplei 
Nicaragua Canal, whereby Hawaii will become in fact the crossroads of tb 

We uivor the speed y«enactment of laws for the establishment of such 
municipal governments as may be neces^uy to bring the conduct of oar 
into fun accord with the theory of American institutions and the princi] 
rule. 

*' We declare ourselves in favor of the extension of the homestead prin< 
enactment of such laws as will with the least difficulty and expense pn 
for the many." 

We call upon all citizens and voters of the Territory who are in sympi 
principles of the Republican party and in favor of good government to j 
and associate themselves, with the party that has ever stood for liberty 

We believe the interests of Hawaii can best be trusted in the hande 
that gave to the country a Lincoln and a Grant, a Garfield and a McK' 

Respectfully submitted. 

A. G. M. RoBR] 
Geo. W. Smith 
0. P. Iaukea, 
A. B. LoKBENsr 
A. N. Kepoik^ 

^ OommiiUe a 

The Hawaiian version having been gracefully read by i 
the platform was adopted amid prolonged cheering. 
Delegates were present from every part of all tne islai 



BY MR. A. HERBERT— VETERAN AGRICULTURIST MAKll 
REPORT— VIEWS ON LAND HOLDINGS— FREIGHT RATES 
MDN CARRIERS— LEASED TRACTS— DESTRUCTION OF i 

To the Bureau of Agriculture and Forestry: 

In accordance with your request to examine into an 
the condition of the government forest land, water course 
1 submit the following report: 

I have for the past ten years called the attention c 
bureau and of our government to bow our once beauti fu 
are destroyed by cattle and horses. 

Thousands of acres of forest have been destroyed, liu 
sands of forest trees dead and dying. This is particu. 
on government land under long and short leases. So 
be Gone at once to stop the destruction by fencing* in 
removing the worthless cattle and horses. Your atter 
Chapter aXX) section 4, on forestry law. 



HAWAnAN INVESTIGATIOir. 197 

Id tOQTS of inspection I notice with regret how the holders of small 
mbs. say from 5 to 50 acres, are decreasing and are being absorbed 
T the sogar promoters and land speculators. The decrease of small 
rv^<^ L< particularly noticeable among the native Kulianas on Oahu and 
iithin tne environment of Honolulu, which have passed into other 
Eifi<l$. This is a stubborn, undeniable &ct. We find the small native 
i^^mesteads deserted; the young and middle-aged people have come to 
ur seaports^ only the agea and some children remaining. 
This bureau should 1^ the most important department under our 
F.i\ (Tnment; even the paramount board of health should be subordi- 
ute. In Washington, I). C, when a hospital or a site for a school- 
Qi-a^ i9 desired, uie Agricultural Department makes the selection for 
I lix^tion. 

The three most progressive nations in agriculture in the world — ^the 
livrmaDS and the Americans, and following them the English — have 
^beir i^n^icultural bureau their leading department. 

The Wi^iawa, Oahu, and American homestead associations were 
f>rtF&nizeda year ago under our homestead laws, and settled on barren 
unimproved land 16 miles from Pearl City and 10 from Waialiea. In 
uoe year these sturdy farmers have done much with very, very limited 
ApitsJ, but determined to make for themselves and family a perma- 
atot home b our genial climate. Mr. Kellogg, one of the 12 settlers, 
<^id a few days ago that he had cleared $200 from 1 acre of land in 
watermelons, tomatoes, and small vegetables. Also that he saved $19 
lo freight by hauling one load of pr^uce from his place to Honolulu 
&od a return load oi lumber in place of having it sent by rail. 

A number of complaints come to this bureau from small producers 
vi uU the islands, complaining of the extortionate charges of our 
tRin>portation companies, our ^o large island steamship companies in 
particular. We claim that our island steamship and railroad com- 
fAmes are not Justified in taking the position that their business is to 
r\tnu:t as much as possible out of tne producer in order to show a 
I rvdit balance. 

We haye on the island of Oahu alone ov^r 20^000 acres of govem- 
mt-nt land on which the lease expires in less than two years. This land 
fronts OQ the ocean, has government road, railroad, and telephone line 
ninning through it. Hundreds of American and European farmers 
coald settle on this land — such men as we have at Wahiawa. There 
can be no injustice in having this land divided into small holdings, as 
the present lessees have had the land for the past fifty years for less 
than 6 cents oer acre per annum. But settlers on such land must 
i-oopenite. Cooperation is the German farmers' stronghold. It is of 
vanoQs kinds. There are cooperative credit banks, cooperative steam 
plows, drainage, and irrigation. Cooperation is the key to success, 
v\i has started and saved many poor rarmers. 

Looking over the whole field of Hawaii's marvelous and varied 
in-iMries, I feel an unshaken faith in the future prospects of our 
ii^rticultural industry. In the next report I will call your attention 
to the silk, rubber, and other important industries. 

It IS of importance to this island that the truth should be told regard- 
ioir the actual conditions here and the opportunities for a white immi- 
gration. A large number of Japanese are coming to these islands, 
iQOi^tlj as contract laborers, for the nominal purpose of entering on 
the (Natations in the sugar industry, but who subsequently find their 



198 HAWAHAN INVESTIGATION. 

way to the towns of our seaports and enter into serious comp 
wim the American and European artisans and smidl trader] 
This is clearly undesirable. The Japanese, unlike the Chine 
Portugese, are not agriculturally inclined. 

A. Hek 



MEAT FOR HAWAII— HEAVY BEEF AND MUTTON HTJI FOR ' 
ISLAND— A RANCH CHANGES HANDS— COL. SAMUEL PARKED 
HEAD OF THE NEW COMPANY— SUPPLY FOR THE FUTURE 

One of the largest land deals ever chronicled in the recoi 
islands will be consummated on the return of the Hon. Co 
Parker from the mainland. 

For some time past Colonel Parker has held an option of 
over the Humuula and Kaoha sheep stations on the island ci 
comprising an acreage of 237,000 acres and immediately ad 
present ranch of about 300,000 acres and was only prevc 
completing the purchase before his departure through a d 
obtaming a complete inventory of the stock carried. 

The lease of tnis great property, which expires in 1908, 
August Hanneberg, manager of Olowalu plantation, his brol 
of Honolulu, and Manager Gramberg, wno together hold t 
the 1,000 shares of the Humuula Sheep Station, which is d 
$100,000. 

With the real estate there is sold about 30,000 head of 
lambs, 600 horses, and also two shares in the Metro{ 
Company. 

The purchase price is said to be $70,000. It is undera 
Waterhouse & (Jo. were the brokers who brought about 
but upon inquiry there, beyond admitting that Colonel Pi 
option, they declined to give any information. 

The Humuula Sheep Station is the ranch from which 
ings of mutton are made for the local market, and the 
new ranch company, of Which Colonel Parker is the rep 
to place a check on the present heavy drafts from that in 
serve the present stock to supply the rapidly increasii 
Hawaii. 

This action will of course affect the local supply. 

Graziers, landowners, and business men generally of 
have for a long time been considering or expecting pre< 
that has been taken by Colonel Parker. The populatioi 
increasing very rapidly, and with the extension of es 
fields ana the establishment of new plantations the pas 
contracting. At the same time the call from this plac< 
from Hawaii has become stronger and stronger from ni* 
The agitation on Hawaii for '* protection" of the meat 
big island has resulted in the formation or the proposal 
cem that will be a factor of the caliber of the MetropK>li 
pany, of this city, upon the same lines, but probal 
corporation. 

No less a personage than United States Senator Clar 
of the new company. 



HAWAIIAN mrvKsHGAtioir. 199 



HAWAH WANTS A HOMESTEAD LAW, AND MUST HAVE IT. 

The tro-colamn circular herewith is taken from the Hawaiian 
Tizette of November 3, 1899. (The Gazette has always supported 
he official acts of the Hawaiian land department and the officers of 
he Republic of Hawaii.) 

The renort of A. Herbert to the boreau of agriculture and forestry 
)UmlT snows that the ^ery small holdings are failures and the very 
arvf^ leases are frauds. 

The second column, headed ^'Meat for Hawaii,'' is nothing short of 
A Hawaiian meat triLst, and in the deal it gets control, by assignment 
>f lease, of 237,000 acres of public lands now the property of the 
rnited States. 

That the deal as above stated was consuuunated b shown by the 

i>IIi>wing from the Evening Bulletin, May 4, 1900 (published at Hono- 

uiu): 

Fbidat, May 4^ 

HuiL Sam Parker said this afternoon that the deal for the Hmnaola ranch waa 

Lfommated and the papers wonld probably be signed this afternoon or to-morrow. 

rif {>archa8e is of the leasehold, which has about eiicht years to run. and covers 

;'» < > I) acres of fine pasture land, on which are 30,000 sheep and upward of 000 head 

>: r. >r««. The puituiase price is $70,000. 

With this purchase and the lands already secured by Mr. Parker he will control 
leiriy 1,000,000 acres of land on the ialana of Hawaii. The Humuula property wiU 
>- '^in separate and distinct from the Mana estate. On being questioned, Mr. Fkrker 
s. i that the new purchase would have more or less bearing on the reorganization 

* »-xteii«ion of the Metropolitan Meat Company, in which he was quite a heavy stock* 
«if r. He denied the often-heard statement that a new meat company was to be 

r.-Aoized, but said that the reorganization and extension of the present company 

* :M take place at once and the new markets contemplated would be in working 
-^-f^rTery sooiL 

lam now throogh with Hawaii," said Mr. Parker, ''and shall next turn my 
in^ntion to secnrii^ desirable lands on tiie island of Maui; from there I shall go to 
Unai, Oaho, and £iui in succession to secure whatever good land I can for the 
' njpipy." 

" what will von do then?" was asked. 

" Well," said Mr. Parker, with a straight Republican smile, '' you may state that I 
V. I probably branch out toward Niihan." 

To the ererlasting disgrace of the Fifty-sixth Congress, the f ollow- 
ine provision relative to the pablic lands of Hawaii, which passed the 
Hou>e of Representatives Apidl 9, 1900, was allowed to be stricken 
out bv the conference committee: 

Sbc^ That * • * Pramded, however y That all sales, grants, leases, and other 
\ -iiicitioDs of the public domain, and agreements concemmg the same, shall be 
rvT-rted in writing each month to the Secretary of the Interior, who shall have 
vi'ixvrity to confinn, reverse, modify, suspend, and annul any of said transactions. 
I".!! ill of said trannctlons so reported upon which no action shall be taken by the 
vi retary of the Interior, within sixty dajrs from the filine of such reports in his 

±^M thall thereupon and thereby be connrmed and ratifieo. 

The Secretary ot the Interior is hereby authorized and required to provide and 
:*" malgste the rules and regulations relative to all contests on the disposition of the 
. .'lie domain and appeals to him. 

Can any sane member of Congress give any good reason why this 
[•mrision was stricken oat? 

The Hawaiian Territorial bill, as passed by the Senate February 
:^T. 1900, contains the following: 

Tb&t the sum of fifteen thousand dollars, or so much thereof as may be necessary, 
■< Lervby appropriated, out of any money in the Treasury not otherwise appropri- 



200 HAWAnAN INVBSTIGATIOir. 

ated^ to be immediately available, to enable the Secretary of the Interior to eisnu 
the laws of Hawaii relating to public lands, the proceedings thereondeT, and all n 
ters relating to public lands, including the selling, granting, leasmg, or other db 
sition of the public domain and a^;reements or franchises conceroiDgtheaim?^ 
by the Hawaiian Government prior to the eleventh day of September, eigbte(;Q I 
dred and ninetv-nine, and subsequent to the twelfth day of Augiut, eighteen ban 
and ninety-eiffht. 

And to enable the Secretary of Agriculture to examine into all matterB conce< 
agriculture and forestry and public roads in said Territory, which duties ths 
performed with all convenient speed; and each of said officers shall repon \ 
President of the United States, with recommendations upon the matters conci 
which he is herein charged. The appropriation herein provided for shall bed 
equally between the Department of Agriculture and the Department of the It 
as the necessities of the mvestigations of each shall demand. 

Can any sane member of Coneress explain why this propi 
necessary provision was not included in the r^wrt of the conf 
committee and made a pai*t of the organic actf 

There is no answer, other than carelessness on the part of ^ 
duplicity on the part of others. 

By a provision inserted in the organic act, at the requet^ 
special agent or representative of President Dole at Washing 
President of the United States is requested to approve of the 
acts of the Hawaiian land department from the 7th da^ of .lul 
to the 28th day of September, 1899; amon^ other thin^ to 
of 22 separate deals whereby the public lands of the United * 
the Hawaiian Islands are disposea of to Japanese and Chinese 
whom were at any time either citizens of Hawaii or of th 
States — even the Hawaiian land law provided against such 
tions (see sections 31 and 58, land act of 1895, qualifications 
cant) — and is also asked to approve of as many more d\ 
corporations. It is clearly evident that the land department 
did not want any investigation of '^ land laws of Hawaii or tl 
ings thereunder," hence, the untiring efforts of their lobbj 
inj^on to have such provisions stricken out. In place 
wholesale approval is provided for without investigation, 
citizens here in search of homes on the public domain wo 
know if it is the intention of Congress to have all the publ 
the Hawaiian Islands disposed of to corporations and to Ji 
Chinese, while they are almost wholly prohibited by reason • 
ments so high for poor land covered with almost impenetn 
high up on the mountam side, and by entering into coi 
terms of payment that would make Shylock blush. 

This association will send the land laws of Hawaii to 
applying for the same. (Write to American Settlers' 
Olaa, Hawaii.) When you get the law you can judge f oi 

The land law for the disposal of the public lands in t 
Islands, the property of the United States, remains mucl 
it existed under the Republic of Hawaii, and so thorougV 
diated by the people in the islands that the Republican \ 
vent ion assenibled, at Honolulu, May 30, 1900 (ivhich 
representative body of men that assembled in the *JElaw 
during the past five years, if not more, the legislature r 
adopted the following plank in its platform: 

We declare ourselves in £avor of the extension of the homestead. ] 
enactment of such laws as will, with the least difficulty and eazpens 
for the many. 



HAWAIIAK IKVESTIGATIOISr- 



201 



'his alone should be enough to convince any reasonable man that a 
ri;re must be made. It would have been useless for the Republicans 
lut a ticket in the field without such a guaranty in their platform. 

uniform homestead law for Hawaii is necessary and without delay. 
. therefore ask Con&press, at its second session, to reconsider section 
of the act appro vea April 30 and repeal the same, enacting in its 
ii a homestead law that will give an nonest white man a chance to 

in Hawaii; a law that will tend toward the development of the 
mtrv: a law that will not turn back from our shores the practical 
lerican farmer, which has constantly been the result in the past. 
Re;*pectfully, 

Amebican Settlebs' Association. 



Exhibit No. — . 

CifiNsus Office, 
Waskmffton, D. C. , November W^ 1902. 

II<>n. JoHK H. Mitchell, 

United States Senate y Washington, D. C, 

^I£: Beolying to your letter of November 16, 1902, 1 would say 
iliat according to the census taken in 1890, under the direction of the 
Hawaiian Government, the population of the Territory of Hawaii was 
^•^:^t^^ and that according to the returns of the Twelfth Census of 
liif United States the poi>u]ation of the Territory was 154,001. 

The approximate distribution of the population at these two cen- 
^;iM>.>. according to color and race, is as lollows: 





1900. 


1890. 


C!4»»iilknji . ^ ^^ ^^^ .. . ., 


29,790 
7,867 
28,819 
26,767 
61,111 
a648 


84,436 


'"^ Htwaiiaitt 


6,186 


: AiOAnn 


18,999 


'ji(»' 


17,002 


' *:i*^ 


12,360 


V ^ "tbtrfs... 


M,007 






TiAMl 


164,001 


89,990 







aSoath Sea JsUnden, 416; negroes, 233. 
b Polynedaiu, 688; otner nationalities, 419. 



These fibres have been compiled from the report (see page 29) of 
!hp Commissioner of Labor, transmitted to the President pro tempore 
"f the United States Senate under date of February 4, 1902, and from 
^h<> report (see insert opposite page 16) of the general superintendent 
•f the census of Hawaii for 1890. 
Very respectfully, 

Edward McCauley, 
Acting Director of the Census. 



202 HAWAHAN INVESTIGATION. 

Exhibit No. — . 

Treasury Department, 
Office of the Light-House Board, 
Washington^ November W^ I 
Hon. John H. Mitchell, 

United States Senate^ Washington^ D. C, 

Sm: The board has the honor to acknowled^ the receipt c 
letter of November 15, 1902, to this office, asking that there 1 
to you copies of estimates or recommendations heretofore made 
Department in regard to the erection of light-houses in the Ha 
waters. 

In reply the board begs leave to state that the light-house ^\ 
Hawaii is not within the jurisdiction of the Light-House Boa 
therefore that the board has made no estimates or recommen 
relative to the erection of light-houses in Hawaiian waters. 

The board, however, has made, without effect, in its last two 
reports and estimates, and has repeated in those for 1902, the 
ing recommendation: 

It is also recommended that |25,000 be appropriated to maintain the 1 
light-house establishment in case it should be turned over to the Ligl 
Board. 

If the Treasury Department has made any estimates or rec( 
dations of this nature it is not known to the Light-House Board; 
is the board aware that any action has been taken by Congress 
to the creation of light-houses in Hawaiian waters. 
Respectfully,* 

C. T. HUTCHINfi 

Captain^ U. S, Na/vy^ Na/val Secr^ 



Exhibit No. — . 

Honolulu, Hawah, September 11, 
Hon. John M. Mitchell, 

CTuiirman Senatorial Commission of the United States 

on Pamfic Islands aaid Porto RicOy Honolulu^ Haia 

Sm: In view of the inquiries made by you of Hon. H. E. 
secretary of the Territory of Hawaii, relative to the feasil 
creating a channel extending from Honolulu Harbor to Ealihi 
I respectfully beg to submit that three years ago, as a result c 
versation I had with Mr. B. F. Dillingham, of our city, and 
therance of his request in writing for an option to purcha 
Princes D. Kawananakoa and J. Kalanianaole their right, ti 
interest in the land, fish ponds, and tide lands of Mokauea 
(since vested in Kapiolani Estate, Limited), bordering in the 
of a proposed channel then discussed to be opened, I empk 
behalf or the princes, Mr. W. A. Wall and Qsipt.. A. A. Rose 
former to make soundings of Ealihi Harbor and the latter i 
borings on the tide lands extending from Honolulu Harbor U 
Harbor. 

Some 600 soundings were taken, giving the different depth 
harbor, and 16 borings were made at distances of 500 feet, and 



HAWAIIAK imnSSTIGATION. 203 

^ the f onnation that exists of each boring to a depth of 30 feet were 
atvd in separate bottles, all of which I have, together with the 
port of Oaptain Rosehill on same, and also a map showing the Kalihi 
Arbor and the soundings made by Mr. Wall. 

Upon the completion of the above an option was given to Mr. Dil- 
n^oam for the (lurchase of said lands, fish ponds, and tide lands, 
hich option has since expired. I think Mr. l5illingham had an esti- 
ate made of the cost of cutting a channel 350 feet wide, 30 feet deep, 
id of a distance of 8,200 feet 

If desired by your honorable committee, I will be pleased to wait 
poQ YOU with such information as I have acquired in the premises. 
Yours, respectfully, 

John F. Colburn, 
Treasurer Kapiolani jEstate, Limited. 



Honolulu, Hawah, September 11^ 190S. 
f r. John F. Colbubn, 

Treasurer Kapwlani Estaie^ Limited^ 

864. ^€Uihumanu Street^ JEhnoltdu^ Havxiii. 

DiiAB Sm: Responding to your courtesy under date of September 
I. suggestii^ ceilain information in your possession in regard to the 
iroposed creation of a channel extending from Honolulu Harbor to 
valihi Harbor, we beg to say the conmiittee shall be pleased to have 
ou communicate wit£ us in writing, giving such information as is in 
* our possession and which you may deem of importance for us to con- 
sider, and personally present the same to us, together with any maps 
>r other information that you may have respecting this matter. Our 
rooms are at the naval station. 

We make these suggestions as the most expeditious way to obtain 
the information, on account of our limited time. 

With fn^at respect, we are. 

Faithfully, yours, John H. Mitchell, Chavrmcm. 



ExHiBrr L. 

N. EoHALA, September 23^ 1902. 

Tbe United States Senatobial Commission, 

Honolvlu, 

Ctcntlemen: Allow me to say a few words concerning Hawaiian 
immigration. 

Id my opinion, Asiatic immigration, as advised by many parties in 
Httwaii, would not solve our labor problem: 

(1) Because Asiatics, even if they were allowed, would not remain 
in the country, and would not, if they did, build up our permanent 
FX)puIation, because the vast majority of immigrants of that race are 
^io^le men. 

(2) Living as cheaply as possible to hoard up money in order to 
return home with it as soon as possible. It is said that we need about 
^'".uiK) laborers. Suppose tlutt each one saves (50 a year; that 



204 HAWAHAN nrSTESTIGATION. 

amounts to two millions and a half. What a drain! Especially wb 
as it is bound to do, it goes on for years. 

On the other hand, were Portuguese assisted immigratioQ. wi^ 
has proved so beneficial to the country, allowed by Congress, i 
population, and conseouently the labor question, would be settled 
a few years: (1) As tne Portuguese come to remain; (2) they h 
numerous families; (3} thejr are desirable whites; (4)- Christiaiis; 
good citizens; (6) their children, educated in our common schc 
adopt readily American customs and ideals; (7) they invest even j 
they save in the countrjr. 

Portuguese immigration would, of course, be more expensive, 
the result being permanent, the first outlay would be largely repai 
a few years. 

Hoping that my conununication will prove agreeable, I ren 
gentlemen. 

Yours, very respectfully, E. Db Harj 



Exhibit No. — . 

Eleele, Kauai, Septevnher IS, IS 
Senator Mitchell, 

Chairman Senatorial Oammission. 

Deab Sib: If the conclusions arrived at by your investigatic 
to be drawn from personal opinions expressed by men with a griei 
but without financial interests, I fear the future welfare of these ii 
would receive a pretty hard blow. 

A residence of eighteen months as chief engineer of the Mc 
Sugar Company has given me an opportunity to view the labor 
tion from the standpoint of a patriotic American citizen, to my 
satisfaction. 

I have had twenty-five years' active experience with skillc 
unskilled labor in all branches of work from farm to navy-vard 
States of Indiana, Illinois, Kansas, New Mexico, California, O 
and Washington. The conclusions I have made are these: Anyj 
can can live better, make more money, and enjoy life better 
states than coming Leve, excepting hig^-priced e^eTts. Thei 
class of labor that I know of m the States that could be force 
standing army to work these plantations, let alone coming of th< 
free will for wages. 

From all I can learn the soil here is entirely different from a 
in America. The cultivation of any crop requires an immense i 
of moisture, owing to the porous character of the land. 

The cultivation of cane requires the application of from 10 to 
in depth of water in a year over the land, applied about once ii 
to ten days. To obtain supplies of water in such immense qui 
means the outlay of millions of dollars in pumping plants, resc 
and canals, ana could never be accomplished except by or| 
capital. 

Again, large areas of the best land are covered with rock, 
requires an expense of from f 60 to $176 per acre to clear. 

Under such conditions the opportunities for small farmers ai 
and the cultivation of crops other than sugar cane or some crc 
ducing heavy returns is precluded. 



HAWAIIAN IKVE8TIGATION. 205 

The cultivation of sugar cane requires the initial investment of sev- 
nl million dollars for land, water supply, miUs, railroads, landing 
. ilities, qoariers for help, and teams. 

The cost per acre for labor in cultivation is enormous compared with 
k* cultivation of wheat, com, etc. The ordinary methods of obtain- 
ii; help as in vogue in the States are simply out of the question, as 
le number of hands required runs into the thousands here as com- 
ftivd to a baker^s dozen on a wheat ranch. We require several thou- 
ukI additional hands to care for and harvest the crops now growing. 

If there are any American farm hands out of a job, why don^t they 
omedownt Simply because times are too good at home; and emis- 
irii^ are even down here trying to sneak away some of the help we 
ow have. 

If the^ plantations make money, the home people certainly get their 
!jire of the benefit, and when the plantations are prosperous the city 
f Honolulu will also be prosperous and provide work for skilled labor 
I it^ factories and building trades. 

1 Nay. by all means provide ways and means to supply Chinese and 
i{iant >€, as both are essential, under proper safeguards, and don^t lose 
ny Aeep over the average American laborer not being able to take 
an' of himself. So far as the natives are concerned, I have seen noth- 
ii*: to indicate a desire on their part to engage in manual labor, except 
oT two or three days at a time or in the capacity of luna or teamster, 
nd a-^ such many give very satisfactorv service. 

I l)elieve a trip of inspection through one plantation will convince 
'«m of the truth of my assertions as isee them, and ^ve a more intel- 
ijHnt understanding of the situation than can be obtained in any other 
uanner. 

Mt views are disinterested from a financial standpoint. I was sent 
••r to take the position I now hold, and am ready to go back at any 

v::*' and be sure of getting as good a living as I get here. 

In fact, my observation is that enterprising Americans do not care to 
vmain here for a great length of time, and I have yet to find any 
aiucement for them to remain permanently. 

Very respectfully submitted. 

C. H. MnjLEB, Chief Engineer. 



Honolulu, Hawah, September 23^ 1902. 
C. H. Miller, Esq. , 

Chief Engineer^ EleeU, Kauai^ Territory of Hawaii. 

Mr Deab Sis: Responding to yours oif September 18, at hand yester- 
iiv. I beg to say it is not our intention to arrive at conclusions drawn 
': 'ID personal opmions expressed by men with a grievance but with- 
in financial interests, as you seem to think. R is, however, our 

teotion to hear all sides, as well those having financial interests as 
itiorie having a grievance, and, after getting all the facts, we hope to 
^able to reach such conclusions as may be m the true interests of the 
TniTitorv. 

We should be very glad indeed to hear from you should vou come 
•^fore the committee. We published a general notice in tne papers 

Q our arrival here, inviting ail who desired to be heard to coine before 
':e committee. We expect to be in session here up to and including 



206 HAWAIIAN INVESTIGATION. 

Thursday of this week, when our labors will cease. Should it su) 
your convenience to come before the committee, we should be y^t 

§lad indeed to have the benefit of any suggestions you ma; makei 
le interest of the people of the Territory. 1 

Yours, very truly, 

John H. Mitchell, Chmrmn: 



Exhibit No. — . 

i 
Honolulu, Hawah, September 16^ 1902\ 

To the Honorable Ckairmcm of the Senate 

Svhcomfmittee on Pcudfic Isla/nds and Porto Hico. 

Sib: As a civil engineer of twenty years' standing and an Amerij 
citizen, resident in California, in no way interested in any planta^ 
in these islands, I beg to offer you my unbiased opinion, or analy 
of the labor conditions existing in these islands. 

For three years past I have oeen engaged in a professional capa^ 
as consulting engineer in examining the various properties and imp] 
ing the water supplies, and have visited about 60 oi tiie 64 plantati^ 

GUMATIC CONDITIONS. 

The country, as you are aware, is so hot that field work is enti 
too severe for the Caucasian race, and white men can not be induce 
do this severe work. As a consequence, reliance has to be had enti 
on Chinese, Japanese, and native labor. The native population 
small and so rapidly diminishing, and the fact that Chinese have 
excluded under the restriction act has placed the entire labor fiel 
the hands of the Japanese. Without their aid it would be imprac 
ble to cultivate the propertsies and the plantations would have to 
pend operations. 

LABOR CONDITIONS. 

Japanese laborers seem to be extremely happy with the condi 
on the plantations, as a general rule quitting work at half past 4 o' 
in the afternoon and having the balance or the time for bathin] 
recreation. Their average wages vary from $17 to $30 per m 
depending on their capacity and the character of the work. B< 
this, they receive free medical attention and medical supplies fro 
plantations, which also furnish' a physician, and they seem to be 
well satisfied with their lot. 

PLANTATION DEVELOPBIENT. 

The making of a sugar plantation involves a large expenditi 
capital in building waterworks, plantation railways, sugar milli 

Eurchases of live stock, locomotives, rolling stock, etc. Some prop 
ave required an expenditure of from $2,000,000 to $3,000,000 fc 
Particular purpose. Nearly fdl the machinery and supplies have 
ought and manufactured in the shops of oan Francisco, Chi 
Pittsburg, and New York. The repairing of this machinery ai 



HAWAHAN INVESTIGATION. 207 

»wal create a constant field for the occupation of the white mechan- 
)f the United States. The suspension or the modification of the 
«Dt labor conditions would destroy this market 

WHITE EMFLOTEES ON THE PLANTATIONS. 

> a general rale, there are from 10 to 50 white men employed on 
I plantation as foremen, sugar boilers, bookkeepers, mechanics. 
Nearly all of these men have their families residing with them on 
plantatioas, and were the plantation interests to be destroyed by 
n^ labor l^islation they would be deprived of a living and be 
ipelled to move to some other country, as, outside of su^r-cane 
ure, there is very little opportunity for openings for citizens of 
United States in this country. 

6 cite an instance of what has been done in the way of plantation 
eiopment, I might cite that of the Makaweli property, on the island 
uuai. About twelve years ago the 4,000 or 5,000 acres included 
his ei^tate was pasture land, having nothing but a limited number 
attle on it, which gave employment to about two cowboys. Ameri- 
and island capital was induced to invest its money in developing 
i property. As a consequence, they have spent $250,000 in bring- 
out the tianapepe stream, which carries about 30,000,000 gallons 
water daily, through flumes, pipes, and ditches, to irrigate the 
perty. Kailroads, sugar mills, and other improvements were also 
It. at a cost, say, of $1,000,000, and, as a result, this property now 
ploj8 about 1,500 men, including 50 white men, many of them hav- 
families and homes on the place. Without Japanese or other labor 
roold be impossible to operate this property. Were it to cease as 
igar piiuitation it could be employed for no other purpose than as 
ittle ranch again, and all those men, with their families, would be 
mvei of a living, and many of the citizens and propertv owners of 
ifomia who have made conscientious investments would have their 
>perty interests destroyed. 

\ >iocerely hope that this subcommittee will recommend no legisla- 
D which will be injurious to a great number of innocent American 
izens and would be of benefit to no one. 
SespectfoUy submitted. 

M. M. O'Shaughnessy, 
i >}nmdiing Engineer^ Member American Society of Civil Engineers. 



E^xhibit No. — . 

Honolulu, Hawah, September 12^ 190S. 
». John H. Mitchell, 
(^hirman Subcommittee of Senate Committee 

on Pacific Idands a/na Porto JRicOy Honolulu^ Ha/waii. 

^'. Observing from the local papers that A. S. Humphreys, late 
^ jad^, and George D. Grear, present second judge of this court, 
^ <'redite(] with statements made before your subcommittee to the 
F^ that there never existed, and does not now exist, any necessity 
r» third judge of the first circuit court of this Territory, 1 have taken 
K liberty ot requesting Mr. Henry Smith, clerk of the judiciary 



208 HAWAUAK INVESTIGATION. 

department of this Territory, to prepare a statement showing the cl 
acter and volume of business transacted by this court during the j 
years immediately preceding the 1st day of January, 1902. 

The statement which I wve requested has been prepared by 
Smith and is now in my possession. It shows a considerable inei 
in the business done by this court since the 14th day of June, 1 
over that done for an approximately corresponding period prk 
that time, and in my opinion constitutes a satisfactory and com] 
refutation of the volunteered and unsubstantiated statements mad 
Messrs. Humphreys and Gear. 

There is no data at hand from which could be immediately pre| 
a statement showing the character and volume of the business; act 
pending before this court at this date, but it can be readily e^tiu 
and approximated from the statement furnished by Mr. Smith; 
have no doubt that an accurate statement of the business actually 
ing could be furnished in the course of three or four days, if reqi 

As I have no desire to be drawn into a public controversy with i 
my late associate or my present associate, I would esteem it a 
favor if you would kindly afford me an opportunity to personall 
sent to you in private, for the information of the sulKX>mmitt( 
statement which has been furnished to me by Mr. Smith, and 
your wishes as to any additional data or information upon the si 

Awaiting your early reply, I am, very respectfully, yours, 

W. J. EoBix 



Exhibit No. — . 

Honolulu, September 8^ . 

To the Honorable Svbcommittee of the Committee of the 

United States Senate on Pacific Islands ana Porto Ricr 

Gentlemen: The undersigned, a citizen of Hawaii and resi 
Honolulu, engaged in the practice of law and formerly a Tei 
official, namely, circuit ]u(&e of the first circuit, by appointi 
President Dole of the republic of Hawaii and reappointment b 
ident McEinley, respectfully calls the attention of the Commi 
the need of a separate public builddng for Federal officials 
Territory. 

It has Deen my observation, both as an official and as a priv 
zen, that the housing of Federal officials in building formerly 
by the republic of Hawaii has led to unnecessary criticism, ir 
ience, ana annoyance. 

At present there are, I believe, no buildings here that ha 
constructed by the Federal Government, except the naval 
some ariny quarters, and some miscellaneous structures put u] 
Marine-H!ospital Service on Quarantine Island. 

I respectfully call your attention to this matter, believing 
to the interest of both the Territorial and the Federal Gov 
that it should receive your early consideration. 

Respectfully submitted. 

Beuben D. Silj 



HAWAIIAN INVESTIGATION. 209 

Exhibit No. — . 

H*«dq«MxtexB of the BcfNiblican TerritoriAl central oonunitt^^ of Hawaii. 411 Fort street] 

Honolulu, Hawaii, September ^^, J902. 
p^ti. John H. Mitchell, 

('hair man of the Snhcoiamittee of United States 

S*ma(e Committtfe on Pacific Inlands and Porto Rico, 

Sib: On behalf of the executive committee of the Territorial cen- 
mJ committee of the Republican party of Hawaii, I am directed to 
•nrard to 3-ou the inclosed resolutions, adopted this day, and request 
hi the same be made a part of your report. 
1 am, sir, yours faithfully, 

Clarence L. Crabbe, 
Chdimian Territorial Central Committee. 

Whereas Robert W. Wilcox, Delegate in Congress from Hawaii, 
a^ heretofore advocated in the Congress of the United States, and in 
hi- public press, the transfer of the care and custody of the Hawaiian 
.•'{K*r Asylum from Territorial to Federal authorities, and also that 
>' h*per^ from the mainland be brought to and kept at Molokai; and 

\Vhen'as the said Wilcox has this day formally and specifically^ pre- 
-iitiHl to the committee of the United States Senate now holding ses- 
>D^ in Honolulu a reiteration of his desire that the foregoing policy 
inuld \ye adopted: Be it 

u'.'uJr^d^ hut he ejr^cutit^e committee of the Republicaji central com,- 

'" ftfthe lerritory of Hawaii^ That we believe that the opinion of 

b- «.>verwhelming majority of the people of Hawaii is totally opposed 

uihe transfer of the control of the leper asylum to the Federal Gov- 

nim»-nt and to the permitting of lepers to come to Hawaii from abroad; 

riiat we denounce this attempt of Mr. Wilcox to make Hawaii the 
i\.rc\ping ground for the lepers of the entire United States as against 

xs' peace and welfare of the unfortunate inmates of the asylum and as 

> n«iing to fix upon Hawaii for all time the stigma of being a leprous 

tiiintrv. 
Wo hereby declare that the Republicans of Hawaii are unalterably 

•:»{>• ►-•ed to the transfer of control of the leper asylum to the Federal 

I vf mment and to allowing any lepers to come here from abroad. 

r..*^ unfoitunates at Molokai are a part of our own people, and it is a 

;\'ivilege which we claim to provide and care for them, and pledge 
ir^'lves and our j^artv to do everything within its power to prevent 

:• ronsununation of this attack upon the people ana the fair name of 

!J waii. 

I hereby certify that the annexed resolutions were passed at a 
I- ting of the executive committee of the Territorial central com- 
' tro of the Republican party of Hawaii, held this 24th day of 
Siiomber, VMYl, 

A. L. C. Atkinson, Secretary. 

H I— pt3— 03 14 



210 HAWAIIAN INVESTIGATION. 

Exhibit No. — . 

Honolulu Chamber of Commerce, 

IIonolAjilM„ Hawaii^ October 9^ l^Hil 
Hon. John H. Mitchell, 

Chainnan Suhcommitiee Seiuite dymmitteeon 

Pacific hUmds and Porto Rico^ Wa^/tiv^ton, />. r. 

Dear Sir: By vote of the Honolulu Chamber of Commerce at i 
regular meeting on the 8th instant, I inclose herewith a copy of 
resolution passed at that meeting regarding charges made by I)ele<n^ 
Wilcox against the board of health before yoxir committee in Honoluj 

It is proper to state that this indorsement by the chaniher w 
entirely unsolicited on the part of the board of health, and it is hop 
that you may see fit to embody the same in your report to the Scnal 
I remain, very respectfully, your obedient servant, 

Jas. Gordon Spencer, , 
Secretary ILmolulu Chainher of (\nminrr,\ 

Resolution unanimouHly parsed hy the IIoiwlulu Chamber of ( 'otmia, 
at the re^fyJar monthly titeeting^ hdd on Wednenday^ Oct<jX.h>r <V, V-f^h 

Resolved^ In view of recent statements made by Delegate Wili 
before the Senatorial committee, th.'s chamber desires to exprexH 
entire confidence in the president and members of the board of hea 
and it condemns as entirely false the statements made bv Delei 
Wilcox as to the inferior character of the merchandise and food ^ 
plied to the leper settlement by the Government. 

[seal.] Honolulu Chamber of Commeiu 

By Chas. M. Cooke, Vtce-PreHidvut. 
Jas. Gordon Spencer, Secretary. 



Exhibit No. — . 

It is the object of this article to give a brief outline of the laiul 
tems of the Hawaiian Islands and the transactions thereunder ; 
the time of the ^'Mahcle" or great division to the present 
Numerous articles and statistics in this connection have horot^ 
been published, but none apparently with the object of brir 
together all of the principal facts and data in one article, therein- 
ph'ing to those unfamiliar with the matter a reasonably comproho 
statement. To supply such a statement is therefore the purpo 
this article. 

J. F. Brown, 
Agent of Public I^<tH 

Honolulu, TMrrnhfr i^, 1899, 



HAWAIIAN rXVESTlGATION. 211 

T'l^Jt nhowitifj *trru *»/ thf Hawaiian Idand* asyi * iV-*!/-" **i -f \ f *-<* i^wnfiiL 

[Late etimate br •^oTemment sarrer 







A'Ttt. 


HJEME 





4. :• 


•K. .IW 

*¥ ■♦•■ 

v^ •> 
iL. tarn 


5" IS 


*« 


<»r 

ISF 




»A> - -- ..-...-.,.... 


"«."" 


4. K> 




•i« 






- '~4 

T. 






- 


. . €. «S» 


4Tir dm- 











!:.► uutlvinji: L*lets and reef** to the north we-^u wh:«-h V]..ng to the 
[.A.iiian group, contain a few S4)iiare miles in a-iditi-n :•• atji>ve, but 
r» !. 't of a nature to re<|uire noti<-e h«Te. 

Within the limits of the main i^land> named aliore ;* to he fi.»urid the 
r.ile^t diversity of topographical features, climate, and •r-ialirr of 

I 

c J • 

lJ«ii'<red mountains, deep, narrow valleys, flat mar-h Unis, and hicri 
V iiiUiii pastures, rich alluvial M>il and barren lava wst^te^. ati gTa>ia- 

• r. ^'tween the?* states are to he found, not onlv «»n a ^inA*- I^au-L 
t :.<»t infrequently in a limited portion of a ^^injr'e di-trict. 

Yl*' volcanic origin of the i>lani-, the unequal di-tr: *»ution of rain* 
.... sind the rapid rise from sea Iev*^l to high elevation* ai*r»crjt for 
: - ^ :ie diversity indicated. 

7'.«' windward side of the i^land^ < north to n<:»rthea-t* are in gieneral 

. watered: the leeward sides arf more ro-.-ky and drier, b-t with 

::• r ^»il. 

ANCIENT SYSTEM <^»F LAXI» TEXITRE ANI» -rBI'IVls:* ^X. 

I'-rifiu-* to the great divi>ion of land>. up-n wh:.-h all prfr^-TiX l^ini 

* -an* ha.'-sed. what is liest described a? a "f-r:-ial *v«t'^'ra*" ex*-t^ 
• r which th-* King* had certain rec»>STiLz>-'i ri^'-ht^ in ail tL*- I^r.- i- of 

' j^-^'pie. 

'- ♦• hi;rh i-Lief'* in their turn and inferior tL>-f^ folK.wir -j; ':.*-v^ Lad 

• r -»{)*?« -ial rigiit-* in the ian^U of their own -"'*"onjir.iV-, ir. i ^* on 

n l<» the lowe>t cla^< of tenant^. 
I^A*-^ right-*, however, pertained prim-pally to rvr.t, -L^re of j^ro- 
- t'm, or ordinary laU»r rather than ti» military w-rv: e. 
It i^ only nceesv^fluy to note that u^.i-^thi'^ >y<^-z:i tr.v ii-irii-ta' of 
' inlands, the land> and ^uhdivi-k-r.*. were w#-'.l ^:r. :-r-t«««l and 
*'*'i. altbouirh ^uch sulpdivision was uLique ar.d ''ca.**-i ^u no c^the- 
.':«ul system, l»eing the pnxluct of curtom, tr^i::: . n. u«^. *-ti-. One 
1 therefore micfht lie a few hundred feirt wi^e a^i •«*".*- ra! mil^s* 
'.:, another, starting at the shore with .^mall w:i:L. niL a* a narrow 
** p formile^. and then e3tpand to cf»ver !•• ».'•■» a«r*^. acotLer Lave 
** Luin portion on one .-ide of an inland and a diw> ♦;:!.»-<: t»'d p>rt:' -n on 
" '•■L^-r Mde, run from the r^ea and termiriate at tL*- m«ni!.ta:n top or 
■ •\pr the mountain top to the ^♦-a on tL»- • th»*r -: ie. 
:. -ry irregularity of form was repre-^nt^i in tLe-^ fA i divi.-ioas, 
..\Ljr in a •'dovetailing" ani interlacing difficult to de^rilje. 



212 HAWAUAN INVESTIGATION. 

It would not be fair, however, to imply that all of the lands wotp d 
the eccentric types given. A more common type of main division wjj 
a strip of moderate width extending from the sea to the mountains. >i 
that its chief could share in the products of the sea and of the land \ 
different elevations. i 

It should be noted that the later ''great division" of lands in \s\ 
while changing radically the basis of ownership, did not, and in 
could not, change the old divisions. 

THE BASIS OF PRESENT LAND TITLES. 

The old feudal tenure of lands was terminated and the new ord 
upon which all present titles are based, established by the series 
acts extending from 1846 to 1855, the principal ones being the gi 
division of all the lands of the country between the King, Kamehura 
III, and the chiefs, the further division of the lands given up to 
King into government and crown lands, and the awarding to the ci 
mon people the comparatively small lots that they had occupied or \m 

The details of these transactions are of great interest, but gen 
results only need be stated. 

Ajyproximati' division of landSy 1848-1855. 

Ac 

Government lands 1, 49 

Crown lands 9.H 

Chiefs* lands l,t^l 

Kuleanas (ordinary tenants' lands) \ 

Total 4,11 

Note. — ^The area of kuleanas or ordinary tenants' land was comparatively sma 
was composed of the very choicest land in the whole country. In this division < 
a number of valuable lands were overlooked or ignored and, as '*unassigne<l \\ 
were for a long time of disputed ownership. By judicial decisions and by legi 
action in 1890 most of these lands were added to the Government and < 
domains, a few, however, being confirmed to private owners. 

EARLY LAND POLICY OF THE GOVERNMENT. 

Immediately after the division of 1848, of which results havi 
been given, the Government proceeded to sell much of its land j 
vate sale and at low rates of from 12 cents to %\ per acre. The 
thus sold were selected and surveyed at the option of the pun- 
and many thousand acres of the *' cream" of Government land? 
thus disposed of. 

This method, though perhaps a necessity of the time, had s 
disadvantages, not the least of which was the leaving of nun 
scattered remnants of Government land, being the unsalable of 
sirable portions at that time. 

Under this system of private sale probably 600,000 acres wo 
posed of, these sales being largely to natives. 

The first act requiring sales to be made at public auction was e; 
in September, 1876, applying to sales of lands or leases over J^ 
value. 

By an act of the provisional government in 1893, all such sal 
leases, of whatever value, were required to be made at public a 
after thirt}^ days' public notice. 



HAWAIIAN INVESTIGATION. 



213 



HOMESTEAD LAWS, 1884 TO 1895. 

The first homestead act to facilitate acquirement of small holdings 
wa> enacted in 1884, and amended in minor pai*ticulars in 1888, 18£^, 
and \^^± 

This act and amendments, which remained in force until passage of 
ihe "land act of 1895," gave opportunity for acquiring lots in general 
m»t over 20 acre.s in extent, under conaitions allowing ten years for 
|ttvment of purchase price, requiring the erection of a dwelling and a 
n^idence of three years on the land. A substitute might reside on the 
Ittnd with consent of the minister of interior (as amended in 1892). 

Tnder the provisions of these homestead laws there were taken up 
(uiiiitting holdings canceled and surrendered): 



pnvQied opoo fnlfillment of conditioDs 
Remaixiizis to be patented 



Number. 



527 1 
377 1 



Acres. 



8,490.81 
6,820.76 



150 , 2,670.05 



Value. 



$62,791.55 
45,312.90 



17.482.25 



[hiring this same period there were taken up under special condi- 
tions as to improvement and cultivation without residence: 



• LWd upm fulfillment of conditions. 



Rcmaininjc to be patented . . , . 



Acres. 



3,552.84 
2,942.44 



Value. 



$10,610.63 
8.023.13 



610.40 I 2,587.10 



The general results of these homestead laws were good. Numerous 
fumtlie^: of small means were put into possession of homes, and con- 
*il»'nible improvement in the way of cultivation could be noted. 

The laws, however,- did not meet all the requirements of the case. 
Td^ area permitted to be taken was too small to tempt any but those 
••f limited means and very moderate ambition. 

Residence alone did not imply utilization of the land, and a per- 
functory compliance with the residence condition was easy. A better 
iu&rantee of bona fide intentions was needed. 



THE LAND ACT OF 1895. 

To promote the settlement and improvement of the remaining Gov- 
•rnment land, under conditions favorable to the settler but not to 
•i'»-<ulatorH, and to meet the needs of different classes desiring lands, 
••j** land act of 1895 was enacted as being specially adapted to the 
'"'juirements of the case. 

An important feature of this act was the general requirement of 
'ultivation and improvement of lands taken up, as well as residence 
thereon for a term of years. There was authority, however, under 
iii«*a4't for the sale of lands at auction, under special conditions as to 
parnients for same and cultivation without residence, to meet the 
u'.^ of persons who desired to improve and cultivate land, but, hav 
ing occupations elsewhere, were unable to live on the same. 



214 HAW AH AN INVESTIGATION. 

METHOD OF ACQUIRING LAND UNDER THE LAND ACT OF 1895. 

General qiuilifitutlonH required of applicants. — Must be over 18 y«i 
of age; be citizen by birtn or naturalization, or have letters of dei 
zatiou; be under no civil disability, nor delinquent in payinentof tax 

Homestead lease. — Nine hundred and ninety -nine year lease, coo 
tioned upon maintaining home upon the premises, paying taxes, a 
cultivating small percentage; area that might be acquired, 8 to 45acr 
dependent on quality; no payment other than small application f 
husband and wife might not both be applicants; applicant must not 
owner of any other land (except taro or wet land); lease inalienabli 
not subject to attachment, levy, or sale, or to any process of the couj 
might not be mortgaged, assigned, or sublet. 

Might of jpurcluise Lease. — Lease for twenty -one years with righi 
purchase at original appraised value any time after two yearjs r 
aence and cultivation of 25 per cent; area that might be acquired, 
to 1,200 acres, dependent on quality; husband and wife might not \ 
be applicants; applicants could apply only for such amount as, ta 
with any lands owned by them, would come to the limits named; re 
at per cent on appraised value to be paid until purchase was mi 

Ca^h freeholds. — Lands sold at auction at an appraised value a,^ u 
price, purchase price due in four installments during three years; 
years' residence and 25 per cent of cultivation further requirei 
perfect title; qualifications and areas that might be acquired sani 
under right of purchase lease. 

Special agrei>mei\ts. — Sales at auction under special conditions i 
payments by installments, with requirements of cultivation, wit 
without residence; limit of are^ that might be sold under sp 
agreements, 600. (Practically the area has been limited to KX) i 
oi first-class land as under the other systems.) 

Cash sales. — Sales made unconditionally for cash at public auc 
The^e sales usually made to meet cases where exceptionally c 
improvements were contemplated, as buildings, reservoirs, pun 
machinery, ete. 

Olaa district sal^s. — Special sales at a value appraised in the i 
1895, of lands held under crown leases in the district of Olaa, Ha 
Lessee could purchase his lease holding up to the 200 acres wh 
per cent of same had been put under cultivation and further imp 
ments to the value of $200 made. Distinct from the general sj 
of the land act and applying only to the Olaa district. 

Sununary of tramactions under the land act of 1896. 



Homestead leases 115 1,M9.66 % 

Right-of-purchase leases 356 18,666.78 11 

Cash freeholds 23 783. 82 

Special agreements 122 7,066.17 5 

Cashsalefl 40 2,996.89, a 

Olaa dlfltrict sales 142 16,632.00 ' 6 

Total 798 46.694.22 27 




Acres. 



Note. — Value of homestead lease land is an arbitrary estimate. Formal appraiscmeul not r 
under the law. 



HAW AH AN INVESTIGATION. 215 

A aimparison of transactions during the period of 1884-1895 with 
.»M> of the period from 1895 to date (under ''land act") shows for 
I** latter period a very much larger proportion of lands taken up 
^l♦•^ conditions of homestead or improvement as compared witn 
v-a^h sales/' 

Traiuactiom during 1884-1895 {eleven years). 



I 
Acres. ' Value. 



.- >i«^ 37.675.»4 $195,588.95 

>>T t,<fmtf4iaid<«rimprDTeinentcOQ<lJtionit 12,043.65 73,405.18 

T.^al ' 49.718.99 268,994.18 



Inder land act of 1895 ( four yean). 





Acres. 


Valne. 


»*. SlJt^ 


2.996.89 
43.597.33 


139.923.73 


zA'-r bitf&c9SeAd or improvement coDdittons. ., 


239,643.16 






T.iUl 


46,591.22 


279.566.89 







The "land act of 1895"* has proved well suited to the conditions in the 
[awaiian Islands. Under it the demand for public land has been active 
rA fair prices have been realized for the benefit of the public treasury. 

^l>ix*ulation and ^^ land grabbing" has been minimized, and a marked 
.iprovement and development of lands taken is evident. 

fbe success of the act would not be questioned by any impartial 
"»>»rver familiar with the facts. 

The extremely' varied quality of the lands, the intermingling of pub- 
i* and private lands, and the special needs of the people, together 
rith the duty of best utilizing the limited public domain, required 
\vii laws drawn to meet such special conditions, and these in all essen- 
lal points have been met by the '^ land act of 1895." 

GENERAL LEASES. 

The fop^oin^ statements have applied to those lands directly sold 
>r taken up under condition looking to ultimate purchase. It remains 
*Mt)nsider the question of lands held under leases for term of years, 
4^»n the termination of which all interest of lessee terminates. 

From the time of the great division of 1848 to the present time the 
[^ Iky of leasing lands for a terra of years has been pursued, both in 
tfj^ i-ase of the ""^ Government lands" and of the *' Crown lands" con- 
tr'»!led by the commissioners for the same. 

In 1>5T6 the first law requiring sale of Government leases to be made 
it auction was enacted, but such law did not apply to the Crown lands, 
«\i'u-h were not put under this regulation untu the passage of the land 
act of 1895. 

Tader the lease policy lands were freely leased, both by the Gov- 
ernment and by the Crown commissioners, in lar^e areas and for long 
'rms, but in 1891 the Government, while continuing the policy oif 
k'.in^ land, improved upon former methods by reserving to itself 
tli*' ricrht to take up any portion of the leased land suitable for settle- 
iihot, which reservation proved later of much value. 



216 HAWAIIAN INVESTIGATION. 

This policjr was continued after the passage of the land act of is 
but witn stricter regard to amounts leased, terms of lease, and reJ 
vation necessary for public interest. 

Until the date of tne land act of 1895 the Crown lands were le^ 
without auction sale in such amounts and for such terms (until liiui 
bv law in 1865 to thirty years) as the commissioners approved, 
although by the land act of 1895 these lands were mergea in the j 
eral domain of ''public lands" and became subject to that act p 
tically they had nearly all been leased in large tracts and for j 
terms without reservation. 

As between the two classes of land therefore now constitutintr 
"public lands" the former Crown lands are more generally (mk 
bered with long-term leases. 

VALUE OF A LEASE SYSTEM. 

Although the old method of leasing was shortsighted and with 
or nothing to commend it, a proper lease system is of distinct vu! 

Numerous tracts of land are found of which it is difficult to esti 
agricultural possibilities, if indeed any exist. 

Other tracts, owing to the intermingling of public and private' 
and the fragmentary character of some of the public lands, a 
surrounded by private lands owned or controlled by a single 
that the sale of the same would be at a distinct disadvantage to the 
ernment and result only in swelling the holdings of already 
owners at an inadequate price. 

Practically it is found that many persons will pay a rcntiil i 
'senting a larger value than the purchase price that could be obt 

A lease therefore may be made to return the best results in re 
while a reservation of the right to take up portions suitable for 
ment leaves the way open at any time for such use if later con( 
require it. 

The revenue from rent of lands has steadilv increased, althou 
area of land leased has in the same period been reduced by 
thousands of acres. 



RerU rollj Government and Crown lands. 



1890. 
1894. 
1898. 



Town lotfi, buildings rented, ete., not included in above. The additional 
from such sources is about $34,000 annually. 

Under the land act of 1895 general leases were limited to a te 
longer than twenty-one years. 

Leases might not contain any privilege of renewal nor be mt 
any land on which an unexpired term of two years remained. 

The commissioners of public lands could impose conditions ne< 
in the public interest. 

TRANSACTIONS SINCE JULY 7, 1898. 

The Newlands re^solution, passed by Congress July 7, 1898, 
annexation of the Hawaiian Islands created much uncertaint}' lu 
status of the public lands and the laws governing them. 



HAWAHAN INVESTIGATION. 



217 



Upon the understanding and belief, however, that the laws of the 
nit^ States relative to public lands did not apply to such lands in 
ne Hawaiian Islands and that the local land laws were to remain in 
i>nv pending further action of Congress the usual transactions of the 
uA i/ffit-e were continued until September 28, 1899, the date of receipt 
f the Executive order of President McKinley suspending further 
nui>actions. 

The following table shows lands taken up from July 7, 1898, to Sep- 
m\^T 28, 1899: 



k^i fwf&tUto 



d>r. 



h««k> 



1^ jmieatt under Put IX of land act 



Total 



Number. 


Acres. 


45 

57 

4 

41 
18 
G9 


651.50 
4,507.09 
67.82 
1,085.87 
1.172.59 
7,999.39 


284 


15,384.26 



Value. 



122, m 75 

109.54 

7,821.00 

18,719.00 

28,177.57 

78,126.86 



oNot appraified. 

Land patmU ixgimd since July 7, 1898. 

STimber 199 

\vx^ 12,534.53 

laltie $67,821.54 

Of the above amount patents for 11,643 acres, valued at ^8,548.54, 
ircn' i.s8ued in completion of agreements made prior to annexation 
n?<»lution of JulyT, 1898. 

General leates rince July 7, 1898. 

Suniher 8 

\'T^ 1,856.86 

Brttal . yearly) $2,847.00 

REMAINING PUBLIC LANDS. 

By the original division in 1848 the combined area of Government and Acrea. 

( ruvn l^ds was, as near as can l)e determined /. 2, 479, 600 

YiU:n\jf and deeds have been issued for 728, 200 

Remainder 1,761,400 

l£ 'hbi remainder is incladed lots taken up but not yet patented : 

Acres. 

()M homesteads 2,770.05 

t>lH ppedal-agreement sales 610. 40 

Tnaer land act {not patented) .♦ [28,065.33] 

31, 345 

Total remaining 1,720,056 

The remainder (1,720,065 acres) of public land may be roughly clas- 
>i&t'd as follows: 

Acres. 

' uWe building lots 145 

i>Und8 25,626 

'. r laodfl 977 

QWiaiids 26,825 

•'ruin? lands 448,200 

Hiifh forwt lands 681,282 

;"''i^ inaccessible mountain 227, 000 

^rrtn ( oi nominal value only) 310, 000 

Totil 1,720,055 



220 HAWAHAN INVESTIQATION. 

of 250 prostitutes; that all rooms are filled and that more m 
demand; that little girls, some not more than 12 years old, and h 
less women are compelled to vend their bodies that their Japanese 
French masters may live in idleness and ease. That these condii 
are far-reaching in their debasing and corrupting influence \>t 
debatable question. There is not a town nor a city in the Vt 
States where feuch an emporium of lust and vice is openly condu^ 
nor is there a town or city in the United States where prostituui 
licensed, all assertive and irresponsible gossip to the contrary noti 
standing. What legislator, not himself a criminal of the vilest 
would vote for a bill which should provide that "the annual fee; 
license to do business as a public prostitute shall be $50." Pari 
all the great cities in the world, licenses and segregates its prostij 
and for five years the chief of police has made strenuous efforts U\ 
the system abolished. He asserts that neither the license nor the i 
^tion system prevents or diminishes private prostitution, and thi 
issuance of a license to and the segregation of a prostitute condeiui 
to a life of moral leprosy — unclean I unclean I unclean! andforecld 
hope of reformation.' As nothing can be politically or legally right 
is morally wrong, the fact, if it is a fact, that the Iwilei assent 
harlots "is conducted under the supervision of the police depui 
and the board of health'^ is a burning shame and disgrace tothii 
munity and an insult to everj^ honest man and virtuous womai 
There is absolutely no authority of any sort in law for the niaiuti 
of these vice dens, as the laws of the Territory treat fornicatii 
criminal oflfense and punish it accordingly, and if it be true th 
place is conducted under the direction of the police and wi 
knowledge of the heads of that department, then they are gi 
the coarsest and most flagrant violation of their oaths of offi 
deserve to be held up to public censure and scorn. As if to oc 
the shame and disgrace which this moral plague spot has brougl 
the city, I understand that the hovels m which the prostitu 
their nefarious trafiic were built for that purpose by a company 
ing a corporate franchise from this Territory, and that at least 
the directors of the coiporation which built, own, and rent the 
erable bazaars of crime are men who hold high official position? 
Territory. 

A community in which such things can be done is totally la< 
high public sentiment and its morals are at a low and constantly 
ishing ebb. It will be your duty to investigate this matter 
there can be no evasion. I hope that you will visit Iwilei so 
urday night. There and then you will observe the high car 
lust — the vast department store of the vices — where half-nakod 
eagerly endeavor to peddle their bodies by the hour, and 
"under the supervision of the police depaHment and the 1 
health." 

I not only direct and instruct ^ou to investigate this pla<: 
direct and instruct you to ascertam every fact and condition t 
possibly can bearing upon its maintenance. The owners of t 
the owners of the builaing, the rent paid for a building as a wl 
rent paid per room by the prostitutes, the names of the les.^ 
names of tne lessors, if thev be individuals, or the names of th< 
ois of the coiporation, if the lessor be a corporation, the exttMi 
supervision exercised by the police over the place, the nui 



HAWAIIAN INVESTIGATIOK. 221 

.ildincrs, the number of rooms in each building, the number of pros- 
tates occupying the room, together with their nationality ana any 
ber circumstances which may tend to throw light upon the situation. 



XHiBiT B. — Charge of Hon. Morris M. Estee^ United States jvdge for 
*\' T*rrrit4m/ of Hanraii^ to the Federid grandhiry^ on April 9, 1901 y 
-.1.1 fire to Iwii<fi J. the prostitutes* stockade at Jlbnolulu. 

i omplaint has been made to this court, and, indeed, it is publicly 
barged to be a fact, that a spec^ies of involuntary servitude exists at 
iiDtorioos place in Honolulu known as Iwilei, and that certain women 
y kept in senitude for the purposes of prostitution. If this be so, 
u ii)ntnurT to law and should be stopped. 

I barge you that this republic and all Territories belonging to and 
h:«li are subordinate to the United States are dedicated to human 
wtl,)ni; that neither slavery nor involuntary servitude can legally 
lH anywhere on American soil; that the most debasing of all servi- 
\A^ Li where women are sold for the purposes of prostitution. This 
^ttrbaraus and un-American, and is not only an attack upon good 
i»v. rnnient but a most vital blow upon the decencies of civilized life. 
Tb^ thirteenth amendment to the Constitution of the United States 
■•lun^s *'that neither slavery- nor involuntary servitude, except as a 
[it.i-hmeut for crime whereof the party shall have been duly convicted, 
all rxLst within the United States or any place subject to their juris- 
i<ti<m/' Webster defines servitude to mean "the state of voluntary 
r involuntary subjection to a master, whereby one thing or person is 
M"i't to another thing or person for use contrary to common ri^ht.'' 
1! forms of servitude are contrar}" to law and against conunon right, 
v\ any illegal restraint upon the free action of a person whereby the 
fcrty restrained is under subjection to another is involuntary servitude. 
In this connection the court calls your attention to an act of Con- 
ir^y I'ntitled **Aii act to protect persons of foreign birth against f orci- 
kn.ri'.traint or involuntary servitude,'' passed June 23, 1874, which 
iiii^ in part as follows: 

* * * whoeoever shall knowingly and willlolly sell or cause to be sold, into any 
<•..:.. jQ of involontarv servitude, any other person for any term whatever, and 
i-^. I«ereon who shall knowinely and willfully hold to involuntary Hen-ice any per- 
il ->>:f*t[d or lioQ^ht, shall be deemed guilty of a felony, and on convictifm thereof 
f :i.['fiiM»Deii for a term not exceeding five years and pay a fine not exceeding five 
i*'.'*D»l dollars. 

T: j» fven- person who shall be accessory to any of the felonies herein <leclared, 
r^r Jinfore or after the fact, shall be deemed guilty of a felony, and on con\'iction 
f •*- 1 W imprisoned for a term not exceeding nve years and pay a fine not exceed- 
L' a^ thoQfluid dollars. ( See 1 S United Stat^ Statutes at Large,' p. 251 . ) 

"v!' al>o the Statutes of the United States, volume 24, page 635, 
> h reads in part as follows: 

T' J whoever commits adultery shall be punished by imprisonment in the peniten- 
ts . r. i exceeding three years, and when the act is committed between a married 
t J' and a man who is unmarried, both parties to such act shall l)e deemed guilty 
^ . trry; and when such "act is committed between a married man and a woman 
I ^ < onmarTied, the man shall Ije deemed guilty of adultery.'' 

7 i: if an unmarried man or w^oman commit fornication, each of tliem shall be 
! ' •-' t^l by imprisonment not exceeding six months or by fine not exceeding one 
uifipbd doUars. 



222 HAWAIIAN INVE8TIOATION. 

So it is prescribed by section 3 of an act of Congress approved Maii 
22, 1882 (22 Statutes of the United States at Large, p. 31). \ 

That if any male person in a Territory or other place over which theTnited Sti 
have exclusive jurisdiction hereafter cohabits with more than one woman, h*- ^l 
be deemed guilty of a misdemeanor, and on conviction thereof shall be punii*hi-*1 
a fine of not more than three hundred dollars or by imprisonment for not mon- 1; 
six months, or by both said punishments, in the discretion of the court. 

It appears from the recent official report of the Territorial *rii 
jury, published in the Honolulu Republican for March 6, ll^oi, tk 
were then 143 female prostitutes in Iwilei, 11 of whom were Vu\ 
woiiKn, all the rest being Japanese, not one Hawaiian or Aiin^ri 
among them all; none were citizens. 

That there are 225 rooms in Iwilei, each room renting for from 
to $15 a month, and one man, a Mr. Masuda, a Japanese, paid t«» 
owner of the property a bonus of $9,000 to control it, and he doe^ 
trol it. It is thus a mere money-making institution, but its exi^t 
is all the more dangerous to society. It is safe to say that there* i^ 
another town of 40,000 inhabitants in America where there ar«^ 
gregated in one place and protected by public officers 148 
women (now 194), openly and publicly plying their calling as \n 
tutes. It is «ot necessary to inquire how this crying evil \va> 
started. It is assumed that the public officers who gave it the sun 
of their approval thought they were doing right; but it is our 
to remove the evil, because its existence is illegal and immoral, 
mere pointing out the mistakes of those who created it will not 
do that. 

It seems past belief that in this small community, where thor 
so many pure and religious people, there should be found any nil 
of persons who think that prostitution ceases to be an evil w\ 
becomes pul)lic or when sanctioned by public officers, or that <i 
recognition of this social offense does away with its danger to s<i 
or that authorized houses of prostitution is any more protc*cti 
good people than would the creation of dens of thieves be a s<*i 
against stealing. It seems to be an admitted fact that the pr«^st^ 
criminals increases criine, and that all forms of public offenses > 
be eradicated by the punishment of the criminals. Eveiy crinK* 
goes unpunished is dangerous to the well-being of the peoplo^ ai 
crime like that of Iwilei is an attack upon the purity of tho 
There should be no debatable ground about such a place as 
when public prostitution is maintiiined by the public as it is at 
for the money there is in it. It lowers trie standard of our hoii 
disgraces the fair name of our Teiritor}^ and to some extent it 
eveiy citizen a party to the wrong. 

Gentlemen or the grand jury, the official records of the >hi 
health of the Territory of Hawaii show that during the past ye 
less than 40 of the 143 women formerly at Iwilei became preg-nanl 
there. Some children have been born to them and have already 1 
objects of charity. Others are not yet born. Indeed, the st 
Iwilei is too disgusting to repeat. 

It will thus be observed that the historv of affairs at Iwilei < 
sively shows that that institution is not only an attack upon th 
of the United States, but upon the morals of the community, ai 
a most painful attack upon the honor of American citizenship hi 



HAWAIIAN INVESTIGATION. 223 

-iinsT this Territor}' with ill-begotten children, conceived, if not bom, 
i i^lace of proQ^titution, which of a necessity must be a breeder of 
[.iiuals. 

n any phase of the matter, Iwilei is a school of crime. Over one- 
irrh of the women there have children, born before or within this 
ir: nio>t of them are uo¥f infants and the offspring of Iwilei asso- 
tit ns. Practicalh' all of the Japanese women, and most of them 
' Japanese, have masters who i-eceive the money they thus earn. 
M' nmsters, if not fathers, husbands, or brothers, are purchasers of 
r women, and they control them as much as the liveryman controls 
»boives. The oft- repeated statement that if we close Iwilei it will 
irt.Tlhoseprostitutesover the town is not true; they are scattered now. 
Th»'>e women do not live at Iwilei; they only go there of evenings. 
n y M^ek their homes uptown about 10 or 11 o'clock at night. Some 
\.' homes of their own and live at home; some are servants of fami- 
*. hut all go back to town. They are in no sense isolated; Iwilei is 
t thvir home; they neither eat nor sleep there, and so the place is a 
i-aur disgrace to the conmiunity and a growing danger to civilized 
v-rnraent. 

Tho truth is that Iwilei is not, as is often stated, a resort for seamen. 
i^, rather, a resort for the lowest order of men — Americans and 
'iatics alike. 

I instruct you, gentlemen, to fully and fairly investigate the facts 
thi-i matter, so that we may know whether or not at Iwilei women 
^- ^>iil for the purposes of prostitution. You will also find out who 
liiii^ to own them, and to whom the proceeds of their vile practices 
i' paid. What men are accessory to these crimes; who manages the 
lit- and collects the I'ents for the rdbms; and the names of all who 
.>^ive the spoils; and if the servitude of these poor women exists for 
i-'orany other purpose; and, in a word, if they are held to any form 
^ jhjeotion by their pretended owners. You will subpcena and exam- 
f MH-h witnesses as the district attorney or others shall point out, so 
4t th** whole truth may be made known. 

Ir i- due to the good people of these islands that these shameful 
■^-'vdiDgs be stopped. Two Territorial grand juries have given 
^ broadest publicity to the situation at Iwilei without affording any 
T.cily. This dut>\ gentlemen of the grand jury, now devolves u^wn 
u, and I direct you that in this civilized Christian community the 
i.An,>of the United States do not recognize public prostitution as a 
itv^sary evil, but rather as a public crime, wnich is a crime against 
-♦^nrv as well as against law, and that all public officers who encour- 
rf <»r defend prostitution, either in this or any other form, are guilt}'^ 
fa wrong for which there can be no palliation. 
Tb*' question for you first to consider is whether or not any of these 
••men are restrained of their liberty. This 1 direct you to most 
f.'>n>u^hly investigate, and if it be true as charged you will at once 
''••(•^l according to law against all persons who are principals or 
•"^^ries 10 the enslavement of these persons. 
^•M^nd. I charge you to cause the indictment of all persons whom 
"1 tind are guilt}' of adultery or fornication m this public resort; and 
har^^e you also, gentlemen of the grand jury, that m the performance 
i these duties you can call upon the United States district attorney, 
^h<» will aid you. 



224 HAWAUAN INVE8TIOATIOH. 

Exhibit C." — Copy of report of Mr. Victor IL Olmsteftd^ f^p^x 
investigator^ to the honorabl-e commissioner ofl<jh</r, 

SLAVERY IN HAWAn. 

"Within a mile of the center of the city of Honolulu, the capi 
the Territorjr of Hawaii, a system of slavery more absolute and ae 
than ever existed in the United States is in existence, with th 
knowledge and consent of the Territorial authorities and undei 
ofBcial control and protection. It is a legalized institution for i 

I)rostitution, the unhappy inmates of which are held in the most 
ess bondage, subject to barter and sale, under the complete t 
and disposition of their owners. 

The slave pen occupies about 2 acres of ground, surroundei 
board fence about 12 leet high. Within this inclosure are 5 on( 
buildings, each about 250 feet long and 24 feet wide, of light 
construction, and standing parallel about 20 feet apart, the 
between them constituting the thoroughfares within the std 
These buildings are each divided into two {mrts by a partition n 
lengthwise, and these longitudinal sections are subdivided into 
of about 10 by 12 feet, which are paved with concrete (to fa 
their ready cleansing by ''turning on the hose"), and are s(*anti 
nished, all exactly alike, with a double bed, a small table, a co 
chairs, a washstand, with bowl, pitcher, and towels, and a smal 

The buildings are owned by a Japanese company, who rent t 
the slave owners for $15 each per month, tne annual incon 
derived amounting to about $45,000 per year. Each slave own 
rent for from two to a dozen or more rooms, in addition to wl 
has to stand the expense of feeding and clothing his property i 
regular charges of the health oflBcers, who exact a fee of ^!i 
capita per month for making a physical examination and issuin 
tincate of health, the possession of such certificate being a jwi 
the person in whooe name it is issued to follow the vocation of 
tution under legal sanction and protection. 

The inmates of this moral pesthouse gain nothing from the 
pation beyond a bare subsistence; they are allowed to retain nc 
whatever, but arc required to promptly turn over all receipts 
masters, who closely watch them and keep careful count of the 
of their guests each night, usually collecting their ill-gotten j 
rapidly as earned by entering the room of the slave as soon j 
been vacated by a visitor. But where a man owns several sla^ 
business is brisk, he is frequently unable to follow this cour 
in order that he may not lose any of his legitimate income, th 
able creatures who earn it are brought together after 2 o'cloc 
in a room within the stockade specially provided for the pui"p< 
are there requii'ed to hand over to their owners any moneys 
viously collected during the course of the night. 

Any attempt at insubordination or revolt is promptly and \ 
dealt with , the brutality with which the poor women are treated o 
allv reaching such leng^ths of cruelty as to call f or expostulatio: 
policemen detailed to keep inmates and visitors from indulgin; 

« This exhibit did not appear m the answer file<l by Judge Humphreye 
Department of Justice, as Mr. Olmstead's report had not at that time co 
hands. 



HAWAHAK IKVESTIGATION. 225 

!♦ rl y conduct. Once in a while, but very rarely, a master is arrested, 
.. I! liistreatmenthas been particularly inhuman; but it is extremely sel- 
111 tluit he is punished, the victim of his brutality and the witnesses 
rr« of }^nli^ in such complete subjugation and in terror of their mas- 
r*. and of tneir subsequent treatment that they can not be induced 
i» -tify against him. 

Thi' >laves are domiciled in other sections of the city by their masters, 
bn . K»st»ly guard them and bring them in herds to the stockade every 
rninir aliout ♦> oVlock, where they remain until about half past 2 the 
M morning. During the business hours of the night each slave is 
cjxrte«i t4) earn at least ^5; if she is unable to bring in this much 
►vinue she is regarded as unprofitable, and is either forced to exert 
r^lf more industriously in attracting customers by means of punish- 
lenbof which she dares not complain; or, if by reason of decaying 
h^^ii-al charms through sickness or advancing age she is absolutely 
naMt* to meet her owner s requirements, she is sold to some Mongo- 
m who desires a personal sen^ant or attendant. She has no voice or 
.*^'xv in the transaction; she is a mere chattel, and can not escape her 
•-Tiny; s«he dares not attempt to do so; she is helpless and hopeless, 
: i 'iubmits to her thraldom; there is no other course for her to pursue. 
The slaves are all Japanese, with the exception of two or three 
ivnch women, and have nearly all been brought from Japan for the 
vjmxs purpose of prostitution. Some have been brougnt with the 
i)n>4*ntof their parents or guardians; others have been lured across the 
>a \v false promises of remunerative employment in legitimate work 
n "ii^rar plantations or elsewhere; a few have been beguiled into 
liven* from the plantations of the islands, where they were earning 
^-]n'rtable livings, by false inducements of easier labor and higher 
'iL't^N jLs house servants in Honolulu, There are about 30 Japanese 
>: « urers employed by the company who owns and rents the rooms 
riihin the stockade des(!ribed above, and these procurers operate both 
n .lajian and Hawaii, their pre}-^ being sold to the room renters for 
>r>'^ ranging fronif 100 upward, according to age and attractiveness. 
^' ' youn^r and prettier tne girl, the higher the price. There (are) 
kvi-ral children in the stockade not more than 12 years old, and the 
iwraife acre appears to be about 15. It is heartrending to walkthrough 
h»- ^tn»ets of this infernal inclosure and see the little girls standing in 
if vi(»orways of their rooms or leaning on the window sills, clad in 
•-antv attire and bedizened with cheap jewelry, using the arts in which 
h\ \iave been trained and drilled by their vampire owners, in induc- 
n,r ^y-jjassers to enter. That such intolerable, degraded l)ondage of 
lunian f)eiiigs should be i)ermitted, encouraged, and protected anywhere 
** Thin the limits of the United States is almost unoelievable, and is a 
[''il(li><rracetothe American flag floating over the American Territory 
r^f Hawaii. 

"Hip following rules and regulations are framed and posted at the 
rinripal entrance to the stockade, with the approval of the Territorial 
tbrial, by whom they were partially prescribed: 

RBOCLATION8 OF THE IWILEI POLICE OFFICE. 

:. Hoare of occupation from 4 p. m. to 2 a. in., and the gates will be open during 
" -^houn*. 
. The prostitntes must stay in their rooms and never be allowed to engage in the 
> it« on the roadside. 

H I— FT a— 03 15 



226 HAWAIIAN INVESTIGATION. 

3. Prostitutes, if they wish, may remain all night in their rooms. They may J 
come in and out at any time, but they may not ply their trade after the «iiA\\J 

4. The masters of prostitutes, or their parasites, are not allowed to remain in 
the fence or to sleep with their prostitutes through the night I 

5. Minora are prohibited from entering the inclosures. 

6. A policeman shall remain within the court from 4 p. m. to 6 a. m. Their \ 
of duty are as follows: One policeman from 4 p. m. to 12 p. m.; one policemaft 
12 p. m. to 6 a. m. These policemen will be changed, taking their turn &v \\i 
of each week. 

7. The duty of the police will be to quiet any disturbances that may occur i 
preserve good order in the place. 

Regulation No. 4, above, is a dead letter, no attention whatever 
paid to its enforcement. 

The protection and maintenance of this institution is a Am, 
open violation of law, the penal laws of the Territory provW 
follows, on page 78: 

Anjr person who shall in any manner solicit or be privy to or aid or all 
soliciting of another to unlaw ml sexual intercourse * * * or to po \o 
any place where a prostitute resides or carries on her business, or where ]; 
are generally known to congregate or assemble, or shall lead, conduct, (»r 
person to such place, or act as guide or conductor for that purvK)t?e or ii^x : 
purposes herein specified, or shall procure any prostitute for any purp<>M 
such prostitute shall be actually taxen to or conducted to such i)ers(ni(» 
be deemed guilty of a misdemeanor, and on conviction thereof ehaU \>< 
more than five hundred dollars, or be imprisoned at hard labor not ovti 
and if such person be a licensed driver such license shall be forfeited, 9i 
not thereafter be licensed to drive for two years. 

The law above quoted is absolutely ignored. The hcaltli 
officials supervise, guard, and protect the traffickers in hv\i 
and souls, and the Territorial officials generally, by condoniu 
ble trade, are every one of them particeps criminis. 

The slave pen is regarded as one of the unique and inton 
tutions of Honolulu. It is visited by all classes of society 
resentatives of all nationalities. Strangers and tourists 
Honolulu are taken to the stockade and conducted throuorli i 
fares by respectable residents of the city, and gaze with ii 
est or perchance with horror and sickening disgust i>ii 
flaunting display of enslaved vice. 

It may be possible that the stockade system, under niodi< 
supervision, is the best and safest method of dealing \%^ith 
the social evil. Be this as it may, there is no palliation c 
ceivable for the slavery that is endured b\' the unfortuns 
to man^s lust; for the absolute and unrestricted ownershi] 
cised over these poor creatures by their soulless and avari 
for their purchase and sale as cuttle; for the naiuolejss ai 
cruelties tney are compelled to endure without hope of rel 
for the open and flagrant violation of the United States 
prohibition of slavery or involuntarv servitude. 

VlOXOK II 

Honolulu, Hawaii, F<^)ruary 'JtS, 19U1. 



HAWAHAN INVESTIGATION. 227 

. i-^r D.«-CHARGE IN FILL OF CIRCUIT JUDGE HU^IPHREYS TO 

niK <;raxd jury at the February, 1901, term of court, this 

\VVS the second grand jury ever empaneled in HONOLULU. 

iiKNTLEMF^" OF THE Grand Jury: The fifth amendment to the Con- 
iiuiion of the United States provider, among other things, that *' no 
»! - m sliall l)e held to answer for a capital or otherwise infamous crime 
'.. ^> on a presentment or indictment of a grand jury, ex<*ept in cases 
' -^njT in tne land or naval forces, or in the militia, when in actual 
nia> in time of war or public danger.'' It is in obedience to this 
»!i-titutional mandate that you have Iwen summoned here. The office 
hi'h you now fill, though brief in tenure and affording inconsequen- 
il iiiiolument, is yet one of the most im|X)rtant, solemn, and res*pon- 
hh' stations to which the citizen can be assig^ned. The grand-jury 
<>m M»ems to be coeval with the earliest period of English history. 
i- M» ancient that no one has been able to trace its origin with any 
irnt' of accuracy'. It existed in the American colonies from the 
irli»*^i times, having been brought from England by our forefathers, 
k-jptiier with other provisions of Magna Chaiia and the common law. 
%a^ cherished hy them as an institution well designed to protect the 
f«i rtv of th(» citizen from the encroachment of arbitrary power, and 
' -11. h importance to themselves and posterity as to be worthy of a 
r»« f' in the fundamental and supreme taw of the land to operate as a 
! :itation, restraint, and prohibition upon those whom the people 
L'ht temporarily call to power, and there it remains — liberty's omnip- 

• i:t injunction. 

Tr:*' necessary and logical result of the system was and is the aboli- 
**f one-man-power to call the citizen to the bar of criminal justice, 
-tintr the administration of criminal justice in the hands of tho>e 
m whom all power under our sv'stem of government is derived, to 
.t. iht' people, and in whom I trust it may ever remain. The system 
f \« -ting tne prosecuting officer with a discretion absolutely uncon- 

• lu-il liy any other power or authority' of presenting, or declining to 
r»'-^nt. an information against the citizen chargifig him with an 
finioas crime niav l^e the peculiar delight of the despot, or of an 
^•' iitivi' which will not trust the people through fear that they will 
■I tru>t it, but it can find no place here now, and I am glad to believe 
lit there are but few persons who would give it a place even if such 

tliinjr were possible. The s}stem to wnich 1 have just referred 
ii-t»M here until the annexation of these islands bv the United States 
L th»» 7th day of July, 181*8, and was practiced until the 14th day of 
un**, liHH)^ when the ''Act to provide a government for the Terri- 
ry of Hawaii '" became effective. It was a system under which there 
' r»' ujany abuses, arising mainly from the arbitrary exercise of power. 
-♦• a>»u^s, like most abuses which arise under a system of govern - 
r .t in which the people, or but a few of the selected and chosen people 

a voice, were j)ermitted to pa^ss without a protest, because — 
: :r-t. The majority were without a voice. 

^- -ond. The minorit}* were either indifferent to or in sympathy with 
.'• .I'ui'^es. 

■T-1 

♦-rv authorities who committed the abuses. 



i lid- The protest in the nature of things would have been made to 



."' chAff^does not appear in the appendix to the answer originally filed by 
Iliimphrevt* in the Department of Justice, but as it was» submitted— aa a pobt- 

^rve— by the perBons seeking to secure Judge Humphreys's removal, it is here- 

: nutinl in fall. 



228 HAWAIIAN INVESTIGATION. 

There may be some good and wise men who will differ from \w 
these observations, just as there arc some good and wise men wW>vV\ 
from those who believe that American institutions are the host ini 
which men may live, grow, develop, and become thoughtful, usvi 
and influential citizens and members of society, charged with ihi^ i 
and demanding the right to sound a voice in public affairs; ju^t as t 
are some good and wise men here who believe that prfection \u\ii 
government had been attained in this country prior to the ulv^ 
the Constitution of the United States, and that an all-wise Provi 
had given to it His special benediction, while all other nations, i 
and communities were left to wage a hopeless contest with tin; 
saries of Satan. The gmnd-jurv system not only vests a lar^e s 
the administration of justice in the hands of the people, as 1 have 
observed, but it also vests this administrative power in the \i 
the people of the particular community aflected by its delilw 
and conclusions. For instance, a man can not be indicted by tVi 
jury of the second circuit for a crime committed in the ti^^t 
and of course the converse of this propjosition is true. Not o 
the individual be indicted in the circuit where the crime is a 
have been committed, but the individual members of the gr 
are supposed to be and of right should be summoned inditlore 
the various parts of the circuit, thus protecting the citizen fro 
ful influences in a single locality which he may have anta^o 
from the passion and prejudices of those who feel that they 
specifically injured by the crime alleged to have been conni 
its origin and development under British laws, we obser> 
not fan to observe — tnat the one dominant idea running tl 
system is local self -administration of justice in matters of \>i 
cern to the liberty of the citizen. It is a form of local self -^ 
so dear to the heart of the true American ever3' where an 
but little is known in these islands and about w^hich iiiv 
learned, for it is provided in the organic act of thLs Territ<n 
legislature may create counties and towns and iiiunicipa 
the Territory of Hawaii and provide for the governmoiit 

The language of the act can not be mistaken. Not < 
legislature provide municipal government for citiois, but 
well, so that the people of every village and hamlot iii 
municipal corporation if they desire and the lojLrislatiiri 
Congress has not only conferred upon us this power. 1 
expected and intended that the people of these islands, 
gated in settlements, would promptly enter upon theii- ] 
estates as free and self-governing communities. No ])( 
with the spirit of liberty and a high sense of civic duty li; i 
to do so. Self-governing conuuunities existed under tl i 
pire, answering largely to the description of munieipji 
which we find in English and American laws, and it has bt ' 
fully entitled to speak on this subject, that "the histo ; 
quest of the world b}'^ Rome is the history of the conqui 
tion of a vast number of cities." 

«At the time this charge was delivered there was not, nor is then i 
district, township, nor municipal government in the Hawaiian I^ i 
of all departments are appointed by the governor, and these ofi? i 
subordinates. In this manner Honolulu, a wi<le-awake, pro^rej i 
45,000 inhabitants, is governed. The legislature recently passe<l s 
municipal government, which was promptly vetoed by tlie j^ver 



HAWAHAN INTESTIGATION. 229 

[\w (Termans have had their political subdivisions, self-governing in 
:.'.{U'V< of local concern from the most distant periods of their historv. 
•;• • r f rtH* cities are familiar to all students, and of one of them — Frank 
•rt-<n!-the-Main — it was asserted bv Father Fuchs, of Mainz, in the 
.'litiH^nth century, that he had epigraphic e\ndence that it was founded 

• tilt' M^'«x>nd century of the Christian era. Holland alone in the sev- 
nt^viith century contained eighteen cities, each of which was for many 
uri>«»v»s an independent state, jealous of all interference from with- 
r.t. If the rulers of such a city received from the Hague an order 

. h wjis not pleasing to them, they either neglected it altogether or 
x.fuUnl it in tneir own g(KKl time. 

< hir jrreatest writer on American constitutional law — kludge Cooley — 
!• -i^-aking of municipal government, says: 

'•. Vnnricathe first settlers, as if instinctively, adopte<l it in their frame of jjovem- 
-' \ an* I no «»ther hsu^ ever supplante<l it or even found advocates. 

At the risk of l>eing prolix, I shall quote more at length from this 
>tinjnn?^hed author: 

. . 'h*' examination of American constitutional law we shall not fail to notice the 

.!'• *^Ken and the means a<lopte<l to bring the agencies by which power is to be 

• . r :-»^l as near as possible to the subjects upon which the power is to operate. In 

' •-.. intinclirin to those governments where power is concentrated in one man, or 

►• -r more Ixnlies of men whose supervision or active control extends to all the 

'-of Liivemnient within the territorial limits of the State, the American system 

• '. ' 'if ttniiplete decentralization, the primary and vital idea of which is that local 

'- "hall be manager! by l<x-al aiithonties and general affairs only by the central 

".ty. It was under the control of this idea that a national constitution was 

■ ..♦"I under which the States, while yielding to the NationaUiovernment complete 

i \<lu*ive jurisdiction over external affairs, confernni upon it such jK)wers only 

• ' .Mfd to matters of internal regulation as sccukhI to Iks essential to national union, 
•• ^tIu and harmony. It is this, also, that impels the several States, as if by com- 

. amnjrement, t3 subdivide their territory into counties, towns, road and sc^hool 
. -THi »^, and to confer powers of local legislation upon the people of each sulxiivi- 

• -. and ab?o to incorix>rate cities, boroughs, and villages wherever the circum- 
- '>^ and neetls of a dense population seem to require other regulations than those 

. fi are nee<iful for the rural district^. The system is one which almost seems a 
f»i^ "f the very nature of the race to which we l>elong. A similar subdivision of the 

• 11 .11 i<»rthe purpose of municipal government has existed in England from the 
,-,' '.-t a;ri«. In most of the American colonies the central power created and pro- 

i for the on^anization of the towns; in some, at least, the towns preceded and 
>a'-i ihe central authority. 

When the charter of Rhode Island was suspended to bring the col- 
r»ny under the dominion of Andros, the American system of town 
L'^'vernments which necessity had compelled it to initiate fifty years 

■fore became the means of preserving the individual liberty of the 
' itizon when that of the State or colony was crushed. 

•ludge Coolev did not overreach the mark of historv when he stated 
••.at- 

Municipal government has existed in England from the earliest ages, 

r tho fact that Englishmen have heon qualified for the enjoyment of 
itical freedom is mainly due to those ancient local institutions by 
i'*h they have been trained to self-government. The affairs of the 
pie have been administered not only in Parliament, but m the 
try, the town counciU the board meeting, and the court of quarter 
ions. Since thedays of their Saxon ancestors the sons of England 
a\(' learned at their own gates the duties and responsibilities of citi- 
^»fnN. Associating for the common good, they have become exercised 
ui public affairs Thousands of small comniunities have been sepa- 



t 

nil 






fiAWA:LO' Lvvi^mtin^»*- 



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Tiri^^i--^?^ ••'•?■' 









ir- 



.-»-■■-» 1 ."-. . , . , , , . . 

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;ji (rCtru rTrf ;.■•... .rnijj'lr :i; '•■lu^'-W V 



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aw 

a c* 



230 HAWAIIAN INVESTIGATION. 

rately trained to self-government; taxing themselves through tbf 
representatives for local objects, meeting for discussion andbusme 
and animated by local rivalries and ambitions. Every parish is i 
image and reflection of the state. The land, the church, and fe ai 
monalty share in its government; the aristocratic and democratic 
ments are combined in its society. The common law, in it** jrt 
simplicity, recognized the right of all the rated mrishes to assji 
in vestry and administer parochial affairs. Lonaon wa.s regards 
and exercised all of the functions of a public corpoi-ation lou^s i 
to the actual gmnt of its charter; indeed, it was a municipal princi| 
of great antiquity, of wide jurisdiction, of ample property and row 
and of composite organization. The law of attac»hinents which v 
to-day on the statute books of most of the American StaU^s is ii 
claratory of the common law, but was borrowed from the cus' 
the merchants of London. The old city, distinguished for it^ 
spirit and its independent influence, has often been the bul\^ 
popular rights. Its magistrates hav^e bmved the resentment o 
and parliaments; its citizens have been foremost in the cause 
and religious libert3\ Its traditions are associated with the 
and glories of England. Its worth and stateliness, its noble o] 
Hall, and anticjue pageantry are famous throughout Kur 
unites like an ancient monarchy the memories of a past a^o 
pride and power of a living institution. 

Thus we see that our American liberty has an ancestry', a i 
a history. Our ancestors brought to the American continon 
they deemed valuable in the political institutions of Englaiicl 
ing what they believed to be objectionable. 

One of the first acts of the legislature of Connecticut in liV 
incorporation of all towns in the colony. The establishment 
ipal corporations as local republics was the original policy t 
Isew England, and it had, said Chancellor Kent, " a benign u 
eflfect upon the institutions and moral and scK*.ial cliarac 
people.' 

And Chief Justice Ruffin, whose great learning and patric 
entitle him to a conspicuous place in the category or Am<^ 
names, said that — 

From time immemorial the counties, parishes, towns, and territor'u 
of the country have been allowed and indeed required b v law to 1 
themselves for local purposes. It is most convenient that focal est^lj 
the police should be sustained in that manner; and indeed to the itil 
them by the inhabitants of the particular districts and the infoniiatioi 
and public matters generally thereby diffused through the hody of 
been attributed by profound thinkers much of that spirit of lil>erty f 
self-government through representatives which has been so coiis 
mother country and which so eminently distinguishes the people of . i 

Judge Brown, of the supreme court of New York, in 

upon the system of local self-government in England, t 

observed that — 

Wherever the Anglo-Saxon race have gone, wherever they have c i 
guage and laws, these communities, each with a local administratioi? i 
tion, have gone with them. It is here that they have aeqtiirec 
subordination and obedience to the laws, of patient endurance, resK>l 
knowledge of civil government which distinguishes them from eve ' 
Here have been the seats of mo<iem civilization, the nurseries of j I 
the centers of constitutional lil)erty. They are the opposites of tho 
collect all power at a common center to effect a given purpose, 
political authority, exercise all its functions, distribute all ita patroi i 
lie activity, stifle the public voice, and crusli out pubUc liberty. 



HAWAIIAN INYESTIGATION. 231 

Jiiiiji^ Dillon, who cx^cupies a position on the apex of authority on 
-iii»jt*ct of municipal corporations, says that — 

••I all of it8 draw tracks the American system of popular municipal or^nization 
d.!ii» migration is, beyond controverey, the fairest to the individual citizen, 
• n the whole, the meet Fatisfiactory in its operations and results of any that has 

• )»»-n devij!«d. Anv other conclusion would be equivalent to admitting that the 
. aiv incapable of enlightened self-government; that holders of proi>erty ought 
»• t . !•? n^iHH-tf<l, and alone to l)e endowed with political and municipal rights; 

/ ♦■•.«• few should pi>vem the many, and that our representative system, the flower 
'\^m civilization, ba.«*eil upon the right of every man to a voice in the local and 



rw 



.1 



■2<»vemment, b« a faiilure. 



Ti» show how thoroughly, strongly, and deeply the idea of local self- 
rmuent is iml nodded in the minds of the American people and our 

• nuv>t statesmen, 1 need only quote President McKinley's letter to 
I S<-<n^tar>' of War in reference to the instructions which the latter 
^-'iincted to give to the Commissioners to the Philippine Islands. 

'.. i^n-sident said: 

'V.:....'it hampering them by too specific instructions, they should in general be 

> i tn devote their attention in the first instance t » the establishment of munici- 

> .- '.•Tumenti*, in which the natives of the islands, both in the cities and in the 

; -. r .ihinunitic^, nhall be afforded the oppc:>rtunity to manage their local affairs to 

♦ rJAt'^i extent t>f which they are capable, and subject to the least degree of super- 
- u and ct>ntn>l. In the distribution of power among the governments organized 

: ■ :»r» >*iniption is always to be in favor of the smaller subdivision, so that all of the 

. ' . > whit'h can prr)i>erly be exercised by the municipal government shall be 
-•.-i in that government, and all the powers of a more general character which 

.. 1' fxerciseu by the departmental government Fhall be vested in that govern- 
• ". ^•■ that in the g«iveriimental system which is the result of the process the cen- 
■' J vomment of the islands, following the example of the distribution of powers 

' . • -rn the States ami the National Government of the United States, shall have no 
' * ailminiHtration except of mattere of purely general concern and shall have 
. ^uch eaper\'ision and control over lo<*al government as may be necessary to 
.r^ aihi enforce faithful and efiScient administration by local officers. 

Ill oU»dience to these instructions the Commissioners have estab- 

<•♦ d municipal governments in portions of the Philippine Islands, 

L i the p<^ople under that system are conducting their local affairs and 

rtintr their officers. It is a strange operation of fate that the peoj)le 

: i\\\< Territory, now American citizens, have no voice in the adminis- 
rr:jti(»n of their local concerns, are not permitted to elect even a petty 

■'.stable or a school director, and are living under a system of 

t. ii'ioly centralized government which would not be recognized in a 
.>ul«Tgarton of governmental liberty and enlightenment, while the 

' uMtants of a distant land, some of whom are -waging war against 
i-. art* pennittt^d to enter the highway of civic privilege and franchise. 

The question which we should put to ourselves at all times is not 
: w cheap but how good a government can we have, giving to all a 

i' c in it8 administration. A people who secure economy at the 
••x]i» n>e of popular liberty are after all the most extravagantly gov- 

• r:r.l. The loss of civic liberty is the greatest misfortune which can 

fall any people. Centralization of power in the state may mean the 
N.\ 'nij of dollars and cents, but it also means death to the hopes, death 

* • lh»' highest aims and aspirations of the people, death to civic virtue 
: .1 patriotism. Daniel A\ ebster, speaking in the United States Sen- 
t« on the 7th day of May, 1834, said: 

Th»' contest for ages has lx>en to rescue liberty from the grasp of executive power. 

" r. vMT baa engaged in her sacred clause, from the days of the downfall of those 

•at ari<«t«tcnk>ies which had stoo<l between the king and the peonle to the time of 

' own independence, ban struggled for the accomplishment of that single object. 

' ihe long ifct of champions of human freedom, there is not one name dimmed by 



232 HAWAIIAN INVESTIGATION. 

the reproach of advocating the extension of executive authority; ontheconti 
uniform and steady purpose of all such champions has been to limit aixl 
it. To this end the spirit of liberty, growing more and more enlig\it»i 
more and more vigorous from age to age, has been battering for (^nturivi 
the solid hutments of the feudal system. To this end ail that could l)e m\ 
the imprudence, snatched from the weakness, or wrung from the niit 
crowned heads has been carefully gathered up, secured, and hoanle<\ a.^ 
treasures, the very jewels of liberty. To this end popular and represtnt;^ 
has kept up its warfare ag^ainst prerogative with various suocesn; gometitiK 
the history of a whole nation in blood, sometimes witnessing the martynl< 
neys and Kussells; often baffled and repulsed, but still gaining on the ^ 
holding what it gained with a grasp which nothing but the complete ext'iu 
own being could compel it to relinquish. At length, the people with that i 
and that spirit which makes their voice resistleas have l>een able to aay to \\ 
thus far shalt thou come and no farther. Through all this history of tlu' 
liberty, executive i>ower has been regarded as a lion which must be eny 
from being the obje<-t of enlightened popular trust, so far from being cod 
natural protector of i)opular right, it nas l)een drearlod, uniformly, alwa 
as the great source of its danger. And who is he so ignorant of the histo 
at home and abroad; who is he, yet dwelling in his contemplations anio 
ciples and dogmas of middle age; who is he, from whose b«>8om all oriji' 
of American spirit has so entirely evaporated and exhaled that he will 
it is the peculiar duty of executive power to care for liberty? Who is 
erous and confiding toward power where it is most dangerous, and jt» 
those who can restrain it, wno is he that, reversing the onler of tho 
poise the pyramid of the political system ujwn its apex? Who is h 
looking witn contempt tho guardianship of the representatives of th 
with equal contempt the higher guardianship of the people themsi'lv 
that declares that the security for freedom rests in executive authority 
that belies the blood and lil)els the fame of his own kncestor«, by dedar 
with solemnity of form and force of manner, have invoked the extn-i 
come to the protection of lil)erty? Who is he that charges his foi 
insanity, or the recklessness of putting the lamb beneath tho lion^s pa> 

Gentlemen of the gnmd jury: There may be designing 
men here; there may be men here, as there have ever boo 
evincing a vertebi*atele«s .subserviency to those temporarily 
that their lust for pelf and power may be gratified, will 
is a political question not entitled to a place in a judicial 
But such men are either indifferent to or ignorant of our 
tory, or else they craftily seek to impose upon tho ignor 
confiding fellow-citizens. How a system so interwoven 
tory, upon which all scholars, jurists, and statesmen are c 
and which Judge Cooley truly says, ''seems to be a par 
nature of the race to which we belong" and that '* no o 
supplanted it, or even found an advocate," can be regarc 
ical question, must be quite beyond tho comprehensio 
unbiased, and intelligent mind. The question of local sel 
can not any more be made a political question than cii^ 
the people to trial b\' jury, or to be secure from unrea^o 
and seizures, or than can any other canon of liberty of >vh 
proud and jealous. 

Gentlemen of the grand iury : You are an inquisitorial 
powers are very large indeed. It will be your duty t<j 
as to the commission of anv crime which may be ^w^itnin I 
of any individual grand Juror, or which may be sul: i 
by the attornej^-gencral, and, finally, such as may 
your attention by private parties. But I warn 3"ou, ; 
beware of professional and paid informers, a spe< i 
vermin that seem to have prospered exceedingly well ii 
under the nourishment afi'ordea by liberal legislativ^e s | 



HAWAIIAN INVESTIGATION. 233 

>*> r ctirefal examination and inquiry I have been unable to find that 
■ . Matt or Territory makes or ever has made appropriation for the 
^;, of informers. In that respei^t Hawaii as in many other instances 
'.i'. i- alone and unenvied. Speaking from observation and experi- 

> its a practitioner at the Hawaiian bar I may say that I have never 

.^n a paid informer to testify in the courts' in Honolulu who did 
, • n»nft>^s to a record as a cfimmal or who did not otherwise bv his 
. -tiiuimy show himself to be vastly more deserving of punishment 
bin the person he was .seeking to convict. And to a certain extent 
' - oW'rvation applies to those parasites who hang 'around the station 

\>*' and enjoy an unearned support at the expense of honest tax- 
n. IN under the guise of being detectives. That every officer has 
-t t>rily the right but the duty to inform against all offenses belong- 
: J to his proper sphere which come to his notice and to trace them 
.t no one will deny; for what else is he appointed if not to support 
.1 i a<>LNt in the enforcement of the law I Governments have not 
Tinsjuently held out re^lar rewards, proportioned to the offense or 
•rimf of which information is given. It was formerly so in England. 
T: t more a government is a government of law and not of executive 
[::anat,'oment alone the less effective must necessarily become, upon 
t'i • whole, a preventive police; for one of the main ideas of a strict 
: » rmment of law and civil liberty is that the citizen be allowed to do 
.'.! th'it be chooses, provided he do not offend against the laws. I do 
...r mean to say that all preventive police is contrary' to civil liberty. 
\ M\ the contrary it is innnitely better to prevent crimes than to punish 
\i.' m: vet it is certain on the other hand that a preventive police can 
- i and ought not to be established on so extensive and thorough a 
pim in a free country as it is possible to do in a despotic oligarchy. 

A> to informers, it is hardly necessary to state tnat none but the 
- '^ 1 1 portion of the community will show themselves willing to make 
1 1 rofession of informmg for money; people who are incapable, per- 
.^;n, by their lost reputation, or unwilling to make a living in the 
<^'^h and industrious pursuit of a regular trade. These informers 
'.' refore will not limit themselves to infoimations of fully committed 
rjiifs and to lawful evidence of them, but they have alwavs been 
:"jnd prone to foment crimes, to mature offenses which otherwise 
Would not have been consummated, and to invent evidence and pro- 
• ::*' perjured witnesses, who share in their rewards; so that the pro- 
'''-^lonal informers become in turn a most criminal portion of the 
•'•immunity, and constitute a most alarming evil totally inadmissible in 
a well regulated society. 

H we are told that by a system of informers many offenses may be 
i>x)vered which otherwise might never be brought to light, we shall 
viice the whole question at once in its proper place by asking that 

.•^tion which we are bound to ask whenever we wish to judge cor- 
■^'tlj of an institution, viz, what is among other effects, its moral 

{"ration i The many sacrifices which have been offered b}' the inqui 
^ tion are doubtless a grave subject. It is the moral effect which tliis 
'ttWful institution has had which is infinitely greater than all the 
j'hy^ical pain which it inflicted with fiendish zeal. Those who were 

'imcd would at any rate now slumber m the grave, but the nation 
*liich practiced it continues to be ruined. The history of every des- 
> tic government is replete with proofs of the miseiy entailed by the 
I'^rjury of informers. The informers during the Roman Empire 



234 HAWAIIAN INVESTIGATION. 

formed one of its worst features and grew out of the pestilence' 
demoralization greatly promoted by tne public ruin. The sn 
informations in the Republic of Venice were awful. The braijs Ik 
hollow and with open mouth in f rontof the palace of the Doge rmv 
anonymous informations. All the imprecations in France a<;ain>t i 
^' mouchards" were well founded. The secret police under Na|x>| 
and all the countries he conquered, in all classes, from the WghiH 
the lowest, and the counter secret police to observe the fim. i 
some of the worst and most melancholy traits of that unhappy \)vi 
Governments are frequently desirous either to get rid of indn i 
against whom they have not sufficient evidence to justify aconvii 
or to obtain more power b}'' a show of danger. For this purpon 
have ensnared their victims in pretended conspiracies. This d 
ical procedure, to which all despotisms resort, if convcnWT\1 
technically termed trepanning under Charles II and James 11 
public trials at the time are full of evidence of this infamous 
and the diaries and correspondence of the times show us 
of the term. Various acts to stimulate and encourage the app 
ing of felons were passed, in England in 161^2, 1694, IGDU, 1^ 
1742, granting rewards ranging from £10 to £50. Officer 
seduce poor people, especially, to utter counterfeit money 
afterwards to prosecute them. A certain degenerate by the 
McDaniel conressed in 1756 that he had caused bv hi« tost 
men to be condemned to death. When he was tried with t^ 
for conspiracy and perjury the people feared so much his accju 
some flaw or other that they were slain on the spot. In ITV*: 
case happened in which 20 men had become the victims of an 
In 1817 a number of police officers conspired to induce poor 
pass counterfeit money and seized them in the act. Tnoy 
changed small offenses into capital ones; for instance, if a w< 
been stolen, they swore that it had been tied with a string 
and torn from it by violence. Thus theft became robbery 
received the informer's reward of £50. Another rcvoltin 
pened in 1817, when two soldiers wrestled forawag-er of a i 
with the greatest difficulty escaped death, the sentence of r< 
ing been pronounced by tL pei^ured exaggeration of polic 
Mr. Wood, a London alderman, asserted m 1816, in r*arl 
visiting the prisons he had found a number of men, most 
Germans, wno had received counterfeit money Mrith w 
bread, and were seized upon in the act of passing it Y>\ 
These iniquitous rewards were at length abolisbed m 18 IM 
68 George III, c. 70. Ever since the daj^s of Titus Oates i 
has been regarded with loathing and contempt, neither t< i 
nor trusted. There have been too manv instances in I : 
innocent people have been convicted through the cc i 
informers. 

You should not only inquire into crimes alleged to ha 
mitted, but into the management of all public institu 
You may comment upon and criticise the administration 
officer in this Territory and no personal, private, or poli 
ation should prevent you from doing so. In a govern ui i 
are living under in this country to-day, where the voters i 
have no voice nor direction as to matters of public cone- 
conscientious, and independent grand jury can and she I 



HAWAIIAK INVESTIGATION. 235 

tf nt influence for g^ood. While you may comment upon such mat- 
V a^ you deem proper, I charge and specifically direct you to fully 
' -titrate that portion of this community known as Iwilei. I under- 
iiil that this lotnilit\^ is colonized by prostitutes. The last grand jury 
ji^irt^-d to this court that "the condition of the premises and general 
VKiift'invnt, which is conducted under the supervision of the police 
jurtnirnt and the lioard of health,^ is as satisfactory as could be 
; ■ I t*i!, provideil this shameless vocation must be tolerated as a nec- 
<iT\ v\ il/' Gentlemen, the proviso was well added, for " this shame- 
-^ \'»i-ation"' must not be, shall not be, tolerated. It has come to my 
. x^dtre that there are acc*ommodations at Iwilei for upward of 250 
' -titutes; that all rooms are filled and that more are in demand; that 
W'i" jrirls, some not more than 12 years old, and helpless women are 
«.i»*lUHi to vend their bodies that their Japanese and French masters 
A\ live in idlene^ss and ease. That these conditions are far-reaching 
k liii'ir debasing and corrupting influence is not a debatable question. 
L.^re is not a town nor a city in the United States where such an 
!i;|Htrium of lu-st and vice is openly conducted, nor is there a town 
r a city in the United States where prostitutes are licensed, all 
^^Ttive and irresponsible gossip to the contrary notwithstanding. 
Vliat legislator, not himself a criminal of the vilest sort, would vote 
ra hill which should provide that "the annual fee for a license to 
l.» Easiness ' as a public prostitute shall be $50." Paris, of all the 
r»it cities in the world, licenses and segregates its prostitutes, and 
•: tive years the chief of police has made strenuous efforts to have 
-y^t*»m abolished. He asserts that neither the license nor the seg- 
rition system prevents or diminishes private prostitution, and that 
^j»- i^>uance of a license to and the segregation of a prostitute con- 
. mns her to a life of moral leprosy — unclean! unclean! unclean! — and 
►r>'rl<He8 all hope of reformation. As nothing can be politically or 
'SaWv right which is morallv wrong, the fact, if it is a tact, that the 
iwilt'i av^embly of harlots "is conducted under the supervision of the 
(•••lice department and the board of health " is a burning shame and dis- 
rraci' to this community and an insult to every honest man and virtuous 
Ionian in it. There is absolutely no authority of any sort in law for 
tljf maintenance of these vice dens, as the laws of the Territory treat 
••»nvi<'ation as a criminal offense and punish it accordingly, and if it be 
frxie that this place Ls conducted under the direction of the police and 
>iththe knowledge of the heads of that department, then they are 
;''ailty of the coarsest and most flagrant violation of their oaths of 
offire and deserve to be held up to public censure and scorn. As if to 
'^mplote the shame and disgrace which this moral plague spot has 
'''Tuiicrht upon the city, I understand that the hovels in which the pros- 
titute.'j ply their nefarious traflic were built for that pui'pose by acom- 
pny enjoying a corporate franchise from this Territory, and that at 
!• a^t two of the directors of the corporation which built, own, and rent 
rbr>e miserable bazaars of crime are men who hold high official posi- 
tions jn this Territory. A community in which such things can be 
Vme is totally lacking in hi^h public sentiment and its morals are at a 
I'v^and constantly diminishing ebb. It will be your duty to investi- 
nU' this matter fully; there can be no evasion. I hope that you will 
w>it Iwilei some Saturday night. There and then you will observe 

a See Exhibit C. 



236 HAWAIIAN IKVE8TIOATI0N. 

the high carnival of lust, the vast department store of the vices, 
half naked women eagerly endeavor to peddle their bodie^i by tb< 
and all, all ''under the supervision of the police department a 
board of health." 

I not only direct and instruct jrou to inv^estigate this plai'< 
direct and instruct j^ou to ascertam every fact and condition t 
possibly can bearing upon its maintenance. The owners of ti 
the owners of the building, the rent paid for a building as i 
the rent paid per room by the prostitutes, the names of the W^i 
name.« or the lessors if the}' be individuals, or the names of tli 
ors of the corporation, if the lessor be a corporation, the i 
the supervision exercised by the police over the place, the m 
buildings, the number of rooms in each building, the numl)e 
titutes occupying the room, together with their nationality, i 
other circumstance which may tend to throw light upon the 

I instructed the grand jury impaneled at the August U'l 
court to make inquir}?^ as to whether any minors were empk 
saloons of this city as barkeepers. The grand jury rep 
minors were so employed. I charge you to make similar m 
this connection 1 will state that there is no law here proh 
employment of minors in saloons, but such a law does ex\ 
State in the Union and is a wise police measure. It is o 
gestion and agitation that reforms are accomplished in eitii 
stantivc or adjective law, and it is not only proper, but y 
suggest and call attention to any defects in our liquor 1 
other law, which you may observe during the course of a 
gations. 

I instruct you, gentlemen, to make a thorough examin 
insane asylum. Inquire as to the inmates, their food, tr< 
the sanitation of the buildings and premises. Within th 
of human suffering no affliction so much claims pity and 
insanity. Rich and poor are stricken alike, and both 
defenseless. Treated with care and tenderness it is biul ou 
vated hy neglect and cruelty it is unspeakably^ awful. 1 
such affliction, to guard it from wrong and oppression, t 
suffering, and, if possible, to heal it, is the sacred office 
In the care of. the insane two principles should be car 

fuardianship of the State, and the obligation of proper 
urden of the liberal treatment of the lunatic poor. ] 
charg^ing the last grand jury, that ^'it is hard to und^ 
physician, enjoying a large private practice, can give tl 
and attention to an institution of this kind." That ] 
with me, for they reported to the court that in theii 
visiting ph^'sician, however capable and conscientioun 
torily attend to the requirements of this asj'lum," an 
mended " that a resident physician be appointed who i 
entire time and attention to the inmates." They al.s<i 
the last legislature made an appropriation for new l>ui 
which had been used, although ward No. 2 was *• in th< 
decay." You will send for the president of the boa re 
the Territorial treasurer and ascertain why this appro |i 
been made available, if the appropriation was in fac-t n: 
I charge you, gentlemen, to visit the Territorial prise 
tigate ever}' detail of its management. I may remark 



HAWAIIAN INVESTIGATION. 239 

r ;:j.'r. Rude justice, violent, lawless, excessive retribution fills a 
. •-;..:n from which the justice of society has leaked out. Let society 

•'^•-ar to punish homicide, and blood revenge becomes an institution. 
Lf t u^ forbear to punish adultery, and the aggrieved kills the offender, 

•. merely when caught in the act, but on calculation and in cold 

•^1. 

•I'-ntlemen, the attorney -general or his deputy will examine all wit- 

- --♦- who may appear before vou, but you nave the right to examine 
. ii witness^es also, and you snould not hesitate to do so when you 

: fill it necessary. You will exclude all persons, including the 

^•..•niey -general, from 3'our presence and hearing while you are delib- 

'AUng and voting upon any question which may have been brought 

• fdiv you. 

It i- the duty of the attorney -general to advise vou as to the law appli- 
■ . •ie to any particular state of facts, but it would be grossly improper 

•r iiini to argue upon the facts in any matter before you, and in no event 
.."ild he be requested or allowed to express his opinion as to the 
::.;ll of any person accused of crime. The attorney -general has the 

- ^ T to enter a nolle prosequi in any criminal case, but this proceed- 
' 'y: inu>t take place in open court and not in the retreat of the gi'and 
.7 room. Ir in any case you find an indictment, it will be the duty 

* :L" attorney -general to prepare it at your request. 

V<Mi will hear the witnesses Tor the prosecution; and if inyourjudg- 

* 'it the evidence of such witnesses, unexplained and uncontradicted, 
uKl warrant a conviction by a trial jury, it will be your duty to find 

: :i«iictment You wuU not permit accused pereons or their attorneys 

witnesses to appear before you or permit them or any other person 

'.•»niMx»ver to speak to you on the street or elsewhere m regard to 

;. matter or thing you may be investigating or have under consid- 

-.ti'irL The oath which you have taken obliges you to keep all of 

; •:: proceedings secret, and you should constantly wear this as a 

itU't l>efore jour eyes. It is the policy of the law that the pre- 

• '.arv inquiry as to the guilt or innocence of a person accused of 
••'it* should Ik* secretly conducted. 

i : any private party desires to call your attention to any crime alleged 
.•i\*? Iieen committed or to any condition of public concern which 
1 ^in's to have you investigate, no matter who he is, he should per- 

••illy appear before you and be sworn and examined like any other 

• 'ri« -^. If any person, high or low, addresses you, or any of you, a 

■luunication in writing or in print in regard to your duties or any 

. T. r which may have been brought to your notice, it will be your 

"to n*port the fact to the court. It would be just as much a con- 

pt to wntc or print you a communication under such circumstances 

• » «ould Ix* to addre?>s a similar communication to the judge of this 

t while engai^ed in the trial of a case. Congress passed a law a 
' ;. •*ars ago which provides that* 

> . iienxm or fientoiut shall attempt to influence the action or decision of any 

* 'tr (letit juror, u\iot\ any issue or matter pending l>eforc such juror, or before 
M <>t which he is a member, or pertaming to his or their duties by writing or 
•: to hun any letter or letters, or any communication in print or in writing in 
ti to Mich matter or issue without the order previously obtamed of the court 

■ •• mhich the mid jurot is summoned, such person or persons so offending shall 

• ■ 'i.t^l guilty of a mts<lemeanor and upon conviction thereof t)e punished by a 

t «-icw^liDK f I,U(X) or by imprisonment not exceeding six months, or by both 

* >!iv and imprisonment, according to the aggravation of the offense. 



240 HAWAIIAN INVESTIGATION. 

This act is but declaratory of the common law and rests on conside 
tions of the soundest public policy. If, therefore, in violatiou ot 
law, to influence your action or decision, any letter or communka 
in print or writing, relating to any issue or matter pending befor^i 
or pertaining to your duties, is sent to you without the previoujici 
of this court, you will promptly present the matter to tne court. 

Witnesses appearing before 3^ou may be sworn by your forenwi 
if he be absent, by any one of you. 1 will hand your foreman a 
of oath, which form, and no other, you will use in swearing i 
nesses. You may when necessary invoke the services of an inter] 
but only the official interpreters of this court can be used. 

No indictment can be found by you unless at least twelve c 
number concur in the finding. When an indictment is found 1 
you will indorse thereon, '' A true bill," and have such indo 
signed by your foreman. No member of the grand jury can be i 
except by the order of the court. If any member of the gn 
is absent at any time or delinquent it will be the duty of the 
to present the fact to the court. You may elect one of you] 
as clerk to keep the minutes of j'our proceedings; but only \ 
utes need be kept as will enable you to make your final rep 
court, which report you will present upon the conclusioi 
labors. Court will convene at 10 o'clock a. m. , and adjourn 
which, with a recess from 12 m. to 2 p. m., will constitute y 
You may now retire. 



ExHiBrr. — ^Judge Humphreys. 

In the circuit court, first circuit, island of Oahu, Territory 
In probate — at Chambers. Before Humphreys, 

In the matter of the estate of Annie T. K. Parker, u 

DECISION. 

On the 5th day of December, A. D. 1901, A. TV. Cartel 
ian of the estate of Annie T. K. Parker, a minor, tiled 
his second annual account. At the same time the ff uardii 
inventory of the estate of his ward, from which invent^ 
that he has invested nearlv all of the money in his hand 
the estate of his ward in the bonds of certain private 1>li! 
tions; that is to say, $27,000 has been invested in thf 
McBryde Sugar Company, Limited, $11,500 in the l>on : 
Railway and Land Company, Limited, and lNr,000 in tl 
AVaialua Agricultuml Company, Limited, making- a tc i 
in these alleged securities of $42,500. 

The accounts were referred to a master, who ^w;as di 
the same and also to make inquiry as to the value an 
security afforded by the bonds of the McBryde Su.g«.r ' 
ited, and the Waialua Agricultural CompJmv, Limited. I 
in the bonds of the Oahu Railway and Land Comj>any , i 
escaped the observation of the court at the time this i i 
mitted to the master, he was not directed to institute v 



HAWAIIAN INVESTIGATION, 241 

vronoe to the standing of that company or the value of the property 
•u.iA its bonds. The trust deed given by it to secure bondholders is 
ri:i!ar to that exei'uted by the McBryde Company. The master does 
.t ipjiear to have made an independent investigation as to the securities 
[ t:.e McBryde and Waialua companies, but he did, however, receive 
;• ti-^timony of certain witnesses produced by the guardian, and upon 
;t t«*-timony he reported to the court his conclusion, as follows: 

:.r»»perty of the Waiahia plantation appears to be worth about $3,500,000 and 
" ^"-•1 «*K?arity for a loan of $1,000,000. Tne property of the McBryde plantation 
. 'v t4) }» worth not leas than $2,000,000 and to be good security for a loan of 

Hh it)urt desiring to hear further evidence as to the security afforded 
[ minor by the bonds of the McBryde Company, in which so large a 
art of her estate has been invested at a rate of interest, to wit, 6 per 
iMi. jrreatly less than the current rate, caused certain witnesses to be 
iimmoned who were examined by the court on the 8th day of April, 
i. D. VM^, the guardian appearing at that time with his counsel and 
^•^- examining the said several witnesses. The testimony heard by 
I » ina>tor, as well as that taken by the court, has l)een transcribed and 
» on tile herein. Copies of the trust deeds executed by the coi'pora- 
I -!.^ named to secure the bonds are also on file. The objection to the 
[iNt-^tment of trust funds in the securities of the Oahu Bail way and 
.tpd Company rests upon what, in the absence of a statute, are taken 
» ••♦* the well'Settled rules of the common law and the oft recognized 

• ■!« iples of e<|uity jurisprudence in regard to the investment of funds 
•: 'iiit character. There is no evidence of witnesses before the court 
h tn the financial standing of that company, but the court has had 

• :rn?nt*e to newspaper ana stock exchange reports covering a consid- 
r^'>le period of time as to the market value of its stock and bonds, 
-> m which it appears that its bonds have been for many months and 
irn now selling above par, and that its stock, while now selling at a 
.T^!e less than par, has frequently sold above par. Both are held in 
- z'n repute. 

1 i.*' authorities seem to justify the court in treating newspaper and 
t • k exchange reports as a proper source of information as to the 
ijirket value of stocks, bonds, and articles of merchandise. In Lush 
I>ru:« (4 Wend., 317) the value of wheat at a certain point was 
•v^»•d to be proved by a witness who had derived his knowledge 
ly from the books of large dealers in wheat at that place, and in 

• Fennerstein's Champagne (5 Amer. Law. Reg. N. S., 464) the 
•^..preme Court of the United States held that the market value of 
irtii U>s of merchandise at a particular place in a foreign countrv was 
I . i provable by letters written by thira persons abroad m the ordinary 

'.fM* of biLsiness to other third persons offering to sell at specified 
' t'^. In Sissons tf. Cleveland, etc. (14 Mich., 489), it issaidtnat — 

■ ^♦ |>rinciple which sapports these cases will allow the market reports of such 

''',4l»n» a0 the commercial world rely upon to be given in evidence. As a 

•'•r^f fact, such reports, which are based upon a general sur\'ey of the whole 

'k»t, and t«? constantly received and acted upon by dealers, are far more reliable 

I- . -iri.*ifactor>' than individual entries or individual sales or inquiries, and courts 

» -J jfirtlv be the subject of ridicule if they should deliberately close their eyes to 

-"lives' of information which the rest of the world relies upon and demand 

-nee of a lees certain and satisfactory character. 

-It; also aeveland R. R. Co r. Perkins, 17 Mich., 296, StarkieEv., 10 ed., 96.) 

H I— FT 3—03 16 



;jm 



!»!» 



242 HAWAIIAN INVESTIGATION. 

The investment of the funds of his ward in the bonds of the ^Ya 
Agricultural Company, Limited, by the guardian in this case, ad 
ticularly the large sum invested in the bonds of the McBryde \ 
Company, Limited, can not be defended upon any principle or &i 
ity . The investment in the securities of the latter (McBryde Con 
especiallv deserves to be cTiaracterized as unauthorized, extrav 
improviaent, reckless, and a breach of trust in view of the gua 
admission that at the time of the investment he had neither ext 
an abstract of title of the property alleged to be owned by i\ 
pany nor read the trust deed by which the bonds are allege 
secured, and in view of the further and significant fact that 
chased by far the greater part of them from a corporation i 
he was a director and of which he was treasurer, to wit, the A 
Sugar Company. As a faithful, prudent, diligent, cautioun^ \ 
ana conservative fiduciary it was his duty to have examined 
to the property alleged to be pledged as security for the bondj^ 
tion and to have carefully and critically examined the ten 
deed of trust. (Underbill on Trusts, 269-287; Lewin on Tn 
325.) 

The situation is not improved any by the fact that the ot 
tors of the American Sugar Company approved of and co 
the sale of the McBryde bonds owned by it to the ward o 
urer. The concurrence of such directors in the sale of the 1 
tends to show that the American Sugar Companj"^ thoughl 
sell the same and that it was doing well in disposing of tl 
minor. The rule is inflexibly established that where in tl 
ment and performance of the trust, trust property of anv c3 
real or personal property, the trustee can not, without tbe 
and consent of his principal, directly or indirectly becor 
chaser. Such a purchase is always voidable and will be 
behalf of the beneficiary, unless he has affirmed it after oh 
knowledge of all of the facts. It is entirely inunaterial t 
ence and operation of this rule that the sale is intrinsically 
that no undue advantage is obtained, or that a full con 
paid, or even that the price is the highest which could be ob^ 
policy of equity is to remove every possible temptation f i 
tee. The rule applies just as forcibly where the trustee a 
case, simply as the agent for another. (2 Pomeroy, 958.) 

As a director and as the treasurer of the American Su| 
it was the duty of Carter to exercise an impartial and ui 
ment as to the wisdom of a sale of the McBryde bonds ; as 
of this minor it was also his duty to exercise a like 
unbiased judgment as to the wisdom of the purchase of 
him as the trusted guardian of the interests of his livard. 
Bennett (10 Ves., 381), Lord Eldon says: 

Then if the principle be that the solicitor can not buy for Iiis o^^^i : 
that where he buys lor another the temptation to act wrong is lesE 
not use the information for his own benefit it is too delicate to lipid, i 
tion to misuse that information for another person is so mucli iveak< 
be at liberty to buy for another * * ♦ tnat distinction is too tl i 
rule of justice. (Tomaine v. Hendrickson, 27 N. J, £q., 162.) 

The bonds issued by the Oahu Railway and I^iaiid • '. 
Waialua Agricultural Company, and the McBryde Su i 
purport to be secured by deeds of trust executed by thot : 



HAWAIIAN IKVESTIOATION. 248 

t>t third parties as trustees, whereby certain properties of the respective 

•nipanies are conveyed to the trustees named in the respective inden- 

Miv.sof trost, to be held as security for the bondholders, but upon 

Me tniatA^ and subject to the provisos, exceptions, reseiTations, and 

'litations in said deeds mentioned. The provision of the indenture 

f triLst executed by the McBryde Sugar Company and the Waialua 

AiTricaltoral Company are, except with reference to the property coii- 

>« yed, identically alike. Both (feeds contain this provision, to wit: 

Ii case of dehnlt in payment of interest or any of the bonds hereby secured, the 
:>'nH therefor having been presented and payment demanded, should such default 
I ayment continue for the period oi three months after such demand, then and 
•r>Mpf>ii the principal of all of said bonds outstanding and unpaid shall, at the 

■"< n of the holders of a majoritv of said bonds, sisnified in writings, become 
t' iiitely due and payable, provided that nonaction of any of said bondholders in 

i.-*- ••! any deknlt shall not extend and shall not effect any subsequent de^ult of 

^) nchts arising therefrom. 

There is no other provision in either of said deeds of trusts under 
'^iiich a bondholder may have the right to declare the principal of 
li- bond due upon nonpayment of the interest. He may be forced, 
:f ho is 80 unfortunate as to be a minority bondholder, and unable to 
•♦' ure the cooperation of the majority bondholders, to bring succes- 
^ v^ actions for the collection of his interest, resulting not only in 

lay in the realization of income, but in the expense which is attend- 

i it upon all litigation, thereby reducing the net income to a sum 

.T^atly less than that anticipated by and pledged upon the face of the 

^riik If the majority bondholders are the owners of the plantation, 

i if the plantation, or others having an interest in it entirety separate 

i (ILstiDct from and greater than their interest as bondholders, should 

juire the majority of the bonds, they would, if we can take into 
ant the motives which usually influence men in matters where 

liars are at stake, hardly sacrifice their interests for the benefit of 
*'i^ minority. In other words, they would not, nor could they in 
'"i^on be expected to consent to a foreclosure for nonpayment of the 

'"-re^t if it were clearly contrary to their protection as stockholders, 
' • !tH interested parties otherwise, to do so. 

TIh> riitoation is plainly one in which the big dog, if he may not eat 
"'*' little dog, can effectually hold the smaller one at bay while he 

•'iplacently licks his chops over the bone. 

^<»ob?jerving man needs to be told that in the event of foreclosure 

* the bonds of a private business corporation, where the bonds are not 
::ir:inteed or underwritten by a solvent trustee or other party, cor- 

•rnteor individual, and where the private property of stockholders of 

■ "lK)ration is, as in this Territory, exempt from liability for the debts 

' *bp corporation, the minority are at the mercv of the majority of the 

• 'iholders, bein^ in most instances compellea to take common stock 
> iKw corporation created out of the remains of the old and unsuc- 
^*'Ul one, and forced to send good monej' after bad by supplying 
• "<'W corporation so formed with the necessary working capital. 
" invcMtment in the bonds of a new enterprise which begins iU 

' ^>T with an insufficient working capital, ana the success of which 
;* riilf upon a number of contingencies, is more apt than otherwise 
^'sive 118 in the condition in which the amiable ana confiding son of 

' • (T Goldiimith was discovered. We go to the fair with a luie cow; 

' ^niing home with the descending shades of night we fina that our 






244 HAWAIIAN INVESTIGATION. 

only assets are a bundle of shagreen spectacles. The hAzardous m 
of a minority bondholder's investment was well emphasized by U 
Sutherland, of the supreme court of New York, who, in King »\ 
bot (50 Barb. 453, p. 485), observed: 

In case of foreclosure the small bondholders usoally become the victims 
management and combinations of a few of the lai^ge bondholders. 

The dut^ of a tixistee does not end with the mere investment \ 
funds in his hands &s a fiduciary factor; his duty as such is contv 
Not only must he carefully ana safely invest the moneys of his 
pal in the first instance, but he must also zealously watch and 
the security upon which the investment rests and promptly call 
it becomes necessary to do so bjr reason of the development 
special hazard, or if the interest is not paid through eitner \S 
nacy, perverseness, or inability of the mort^ffor to pay it. 
guardian in this case can not exercise any inoependent, free, 
meled, and uncontrolled discretion with reference to callin 
loan made by him to these corporations in the event of th< 
ment of the interest, no matter how f req^uently the delinqu 
occur or however much the safety of the investment may be 
is patent from the provisions of the trust deeds in question, 
an undisguised, plain, palpable delegation of authority, dut; 
cretion by the guardian to others, to wit, to the majority bo 
who are strangers to bis trust and over whom the court ca 
no authority or control. These people, whoever they ar 
stockholders in or ordinary unsecured creditors of the coi 
can veto, and if it is to their interest to do so the motives 1 
ence human nature tell us that they will veto, the discretion 
of this guardian. The guardian, bv investing in securities 
deeds of trust, has relieved himself from the fetters impoi; 
own custody and management of the fund by sharing t1 
ment with others and giving those others as much authori 
himself. He has no power to foreclose if the persons ir 
the veto refuse to permit him to do so. "Nay, he has Ai 
self of the power of obeying any order that the court may i 
ing the fund" if the interest be not paid. (White ^. Bt 
Fin., 43.^ 

That tnis dele^tion of duty is wholly contrary to ev 
with which e(]^uity has safeguarded the relation of guiir< 
all the text writers and every adjudged case where this pi: 
has been involved testify. 

Underbill on Trusts, 269, 286, 287. 

Lewin on Trusts, 331. 

1 Peary on Trusts, 463. 

Webb V. Jonas, 39 Ch. Div., 660. 

As often as the question has been before the cotir i 
declared, emphasized, and enforced that a trustee shall 
trust funds in his possession with his private funds. 1 
tion applies as forcibly to the mingling by the trustee i 
with tne funds of a third party. 1 take it that in an 
the question might be raised it would not be dispute? 
would be prohibited from contributing a certain amo 
funds where a similar amount had been contributed 
both amounts being secured by one mortgage taken i 



HAWAUAN mVESTIOATIOK. 245 

omon trustee. Sach a contributory mortgage (and the trust deedn 
this €«se are nothing more or less) as an investment for trust funds 
e rvprobated by all of the text writers and in every case which I 
TO been able to find. The proposition is treated by Mr. Lewin as 
le too plain for extended discussion. He says: 

I «f f-^mrae trastees should not join with others in a morteaffe so as to mix np the 
i-i fondfl with the rights of strangers; and still leas could tney take a joint mort- 
ci; in the name of a common trustee, for this would also be a delegation of their duty. 

Lewin on Trusts, 331. 

Mr. Perry gives this view his approval (1 Perry, 463). 

Mr. rnderfiill savs: 

The oMitgige must not be a contributory mortgage — that is, a mortgage where the 
a^tdt^ i<^iii8 with other persons in a joint loan — ^for in that case the trustees would 

* \ jttukK it oat of their power to realize without the joinder of third parties. In 
z^t woitls, they would oe intrusting the trust property to persons wno were not 
■>U!«e of it A oontribatory mortgage is therefore prima facie a breach of trust. 

Id defence of this trust deed with reference to a foreclosure for non- 
ttyment of interest, it has been argued that what would be for the 
dv^Dti^ of the majority would also be for the benefit of the minor- 
ly boQiOiolders. We have seen that this mav not be true if the major- 
tV of the bonds are held by the stockholders of the company or 
r^liton having a large amount of claims unsecured against the cor- 
^-ntion. At any rate, the ai^ument was well met by Lord Justice 
iekewich in Webb v. Jonas (39 Chan. Div., 660, at p. 668), where his 
»ni^hip says: 

It hjfl been said that no step could be taken, no money could be received, no terms 
'. Amngement oould be made, without its being for the oenefit of all. It is said that 
;;i.^ i:* an cnential part oL a contributory mortgage. That may be so, and this ma^ 
r AD (inliDary form of contributory mortgage; I do not know that it is not; but if 
wYji 1 have jort adverted to be a necessary result and a necessary incident of a con- 
7:r«tuiT mortgage, that, to my mind, is one of the strongest reasons for saying that 
tr^t« (in not invest on a contributory mort^ige. To my mind, trustees not having 
ifi (R*ver expretsly nven them are bound to invest on a mortgage where they have 
H^ rDtire control in uieir own hands and where they can exercise their own discre- 
^ G fi>r the benefit of their cestuis que trust, and not where they are bound to con- 
«It tiiben, or where if they do consult others they are bound to act for the benefit 

• f others 98 well as for themselves. It robs them of that control which is an essen- 
tiil \an of the proprietv of the security. Another objection is that if they are bound 
t iunrluK they must bring the other parties before the court. That may or may 
Qot he fo important a matter; and though no doubt, according to the decision in 
Inker. Soatn Kensington Hotel Co. (11 Chan. Div., 121), one set might commence 
;n<veiUDgB for foreclosure, making the other set defendants, that obviously is not 
*jf iirdioftr)' or convenient course. They would have to correspond with other trus- 
' <>^. then? miffht be proceedings pending with regard to other trusts, the^ might be 

' > >vt><) in all sorts of diflScul ties— difficulties which frequently are incident to an 
' t^tmenton mortgage and must necessarily be so according to our law of real prop- 
■'*V iMit not difficulties which trustees ought to embrace in the first instance and to 
'^A^iv reserve for themselves against the rainy day. If the rainy day comes the 
"->iM« oofrht to be utterly unembarrassed by their own acts, though the law or other 
y'AVTHe circumstances may embarrass them. 

I can see DO reason why this argument does not apply with all of its 
(urce to the present case; indeed, I can see every reason why it should 
ippir with tne greatest force to this case, as in that ease the mortgage 
sppesrs to have been so expressed that either set of mortgagees might 
;*'ll while, in the case at bar, the guardian can not foreclose, at least 
ioT nonpajment of interest, without the consent in writing of a major- 
\u of the bondholders. The question as to right of a guardian to 
j.wjciate strangers with him in the administration of the discretionary 



246 HAWAIIAN INVESTIGATION. 

duties of his office, as, for instance, in investing the funds of his 
in a contributory mortga^, such as we have here, has neve 
passed upon in this jurisdiction. In Banning's case (9 Haw., 
which is relied upon as an authority for the guardian, certaitv 
ments made by tne trustee under the will of Banning in the h 
private corporations were approved, but it appears from the te.s 
m that case, from the stenographic report of the arguments ( 
sel, the briefs, and the decision of the court, that the quest 
discussed was neither argued, considered, nor decided, nor i 
question appear to have been decided in any of the cases cite< 
counsel or tne court in the Banning case. Indeed, in the Bam 
the decision may very well have turned on the power of th 
under the will, for the court observes "He (the trustee) has ii 
them (the investments) conscientiously followed the directio 
testator." It need hardly be added that as the trustee ^^ 
tiously followed the directions of the testator," he was exoi 
all events, as the directions of the testator were his guide 
and law. But in so far as the Banning case holds thatafidu 
invest trust funds in the bonds or other securities of prival 
tural, mercantile, or industrial corporations and that the 
equity and probate in this Territory can not, without trenc 
legislative functions, direct the trustee as to what securiti 
invest in, the court must and does respectfully decline to i 
decision. The court has never consiaered that the decis 
supreme court of Hawaii antedating the annexation of the 
the United States are binding upon it, barring, of course^ 
sions as may have construed statutes still in force and 
decisions as may have established rules of property. By i 
''An act to reorganize the judiciary department," passed 
waiian legislature in 1892, it is declared thaf the coin men 
land as ascertained by English and American decision.^ 
declared to be the common law of the Hawaiian Islands 
except as otherwise expressed by the Hawaiian csonstitut 
or fixed by Hawaiian judicial precedent, or established 1 
national usage." The existence of this statute — its appli< 
investment of tiust funds by those who are intrusted ^witl 
not considered by the court in the Banning case. It \ 
that there was not (nor is there now) any constitutional 
provision in Hawaii limiting the investment of trust fur 
it appear that such investments were fixed by judicial prt^ 
to the Banning case or by national usage. 

That investments of trust funds in the bonds of private 
were not permissible at common law is concedea by th 
which hola that such investments may be made. 

The Banning case seems to have been based larg'elj" 
Massachusetts decisions which certainly do sustain tne ii 
trust funds in the bonds of private corporations, Avhere s: 
tions have a recognized standing in the community and 
strated their ability to successfully do the things whii 
created to do. But the Massachusetts courts, in comri 
courts of other jurisdictions and with the text writers r 
approve of investments in the bonds of new corpK>rate ei 
success of which depends upon a number of remote and | 
lative contingencies. 






• >. ^ 



?*. 



HAW ARAN 1KVESTIGATI02I. 347 

Dickinson's Appeal, 152 Mass., 1S4. 

King r. Talbot, 50 Barb., 453. 

Tucker r. State, 72 Ind., 242. 

Kimball r. Redding, 31 N. H., 352. 

Simmons r. Oliver, 74 Wis., 663. 

In re Hall, 58 N. E., 11. 

In re White, 48 N. E. , 128. 

Adair r. Brimmer, 74 N. Y., 589. 

()f the last case Mr. Pomeroy says (2 Equity, p. 1592, No. 1): 

T'-." « opinion of Mr. Justice Woodroff in this case upholds in a most admirable 
■r.:.fr the hull moTality of e^aity in detomining ana enforcing the obligation of 
r^riht^ to vara their beneficiaries. . 

Id Mattocks v. Moulton (84 Me., 545), the court reviews the Massa- 
li'w tts case« and says: ^^The trustee must always bear in mind that 
f i^ dealing with trust funds which were not given to him to be used 
I d«Telopine or furthering business enterprises, but to be guarded 
irvfully ana invested cautiousl]^, so that principal as well as interest 
13V )»e forthcoming at the appointed time. Wnile he must be as dili- 
rnt and painstaking in the management of the trust estate as the « 'i^ 

rf rajre prudent man is in the management of his own estate, he may ; ^^U 

"t always place the trust funds where he or the average pruaent man 
lould place his own funds. In measuring the duty of the trustee with 
be u<ual conduct of the man of average prudence in the care of his 
VD estate, reference is to be had to the conduct of such a man in 
?3ikiri^ permanent investments of his savings outside of ordinary busi- 
^« risks, rather than to his conduct in taking business cnances. ^ 

Meiv are often occurring good business chances in which a man may t 

\>^t >«>me of his own money without danger of being called impru- 
' lit, whatever the result But it will generally be conceded that a 
.*-Tv business chance or prospect, however promising, is not u proper 
\v for trust funds." In feimball v. Bedding (31 N. H., 352), the 
ourt savs: 

"^ofety i)i the primary object to be secored in an investment of this kind, • « • 

' ! «e think that an investment is not to be deemed safe without evidence that it is 
sr.«l that the trustee oc^ht to be able to point oat some ruling feature to distin- 
«!. it from a mere adventnie. If he invests in property, it ought to be property 

' - h nelds an actual income, which has a valuation, in the general sense of the 

lojiity. founded on that income, and not upon remote eventualities and a sue- '^. 

— : 'D of contingencies. 

And the court farther observed, in regard to the investment, '^ the 

:h expectation that was entertained m its favor did not tend to 

::in^ Its character as a mere adventure or to clothe it with any of 

: elements of actual property.'^ Now, there must be some reason 

' r the most unusual and, oecause it is unusual, the striking position 

: tih- Massachusetts court in regard to trust funds. I find that, accord- 

L' to the Twenty-fourth Statistical Abstract of the United States, 

; :• tared by the Treasury Department, there is deposited in the savings 

^cittL alone in Massachusetts the enormous sum of $533,845,790— 

Uiure than three times the amount pn deposit in the neighboring State 

"f Connecticut; more than four times the amount on deposit in the 

.ivat State of Pennsylvania, and more than eight times the amount 

n deposit in similar mstitutions in any other State in the Union, with 

'^ <*xception of New York, and vastly more than the Empire State 

[proportion to population. This immense sum is on deoosit in the 

^a. logs banks alone, and of course does not include the large sums 



248 HAWAIIAN INVESTIGATION. 

deposited with trust companies and commercial banks. This { 
nant fact alone is enough to show that there was not only a mn^ 
but that there was an imperious, overwhelming, irresistible necpi 
f 6r allowing trustees the greatest latitude in toe investment of 
funds growing out of the unparalleled money conditions whicl 
existed in that most prosperous State in the Union for a great 
years. 

Men remember battles, fires, and wrecks, 

Or any other things that bring regrets, 

Or break their hopes or hearts or heads or neckfl, 

and we can not blind ourselves to the maelstrom of speculati 
which this trusting community was sucked and its veins op 
land sharks, speculators, and promoters during the three yearn 
ing the annexation of these islands. The memory of that nigh 
of chance, when allured by the prospect of great riches and 1 
to the seductive and plausible promises of avaricious and unsc 
promoters whose professed knowledge of the secrets which la 
m the womb of the future entitle them to be classed as presci 
who " spake three thousand proverbs and whose songs were a 
and five; who could speak of trees, from the cedar tree 1 
Lebanon, even unto the hvssop that springeth out of tho \va 
beasts, and of fowls, and of creeping things, and of fisht 
women, and even children invested their savings in wild-cat ei 
will, suspended in gcll, linger long. Many of these enter 
now only bitter memories — mere speculative tombstones, 
tration, take the American Sugar Company, some facta in 
the history of which appears from the testimony> of the j; 
this case. That company was incorporated with a capital of \ 
a fine wharf was constructed, a number ^f costly pumps wc 
railroads were built, 800 acres of cane was planned, and « 
of servants and laborers were employed. The 'water of 
from which it was expected to irrigate the cane^ held 
tites of salt in solution that it was death to vegetable li 
property had to be abandoned as a sugar plantation. Fro 
stocK reports it appears that its sto(i or the par value 
share sold, in the madness of speculation, for %200 per t 
not worth now, according to the evidence of the guardiai 
$10 per share. The property is now used as a stock rtiii 
the broad acres which a few months ago were covered 
cane tossing to the sunlight the promise of wealth, ^^ the ^ 
wind slowly o'er the lea.'" I mignt cite other instances f roi 
of this court, showing the acute speculative mania ^vhi 
this community during the perioa mentioned. 1 iiiei 
Maunalei plantation, upon which upward of $400,000 W! 
which was sold by a receiver of this court, with the o 
parties, for less than a dime on the dollar of the amount i 
Prudent men, careful men, watchful men could be sun 
out number to testify that they invested in these neisv am 
enterprises and that they believed them to be g-ood. 
answer to that is that the law does not give a trustee the i 
of choice in investments which may be exercised hy pru i 
men in their own affairs. A business man of eveo more 
caution ma}^ and often does, assume intentional risks : i 
mont of his own property. For the sake of obtaining : 
ordinaiy income he will often invest in such a manner t^ ; 



HAWAIIAN INVESTIGATION. 249 

lumate lo6s is considerable, and such speculative use of his property 
••uld not be regarded as illegitimate or deserving of any censure, 
man may do as he will with his own property. Absolute free- 
40 from risks is impossible. The most stable forms of property 
HT lo^ their value, lands may depreciate^ even nations may become 
iiiknipt From these risks which inhere in every kind of ownership 
!•' Uw does not profess to save the beneficiary; but from risks grow- 
> J out of the uncertainty of speculative investments the law does 
r (It t him bv making the trustee personally responsible for all trust 
j».Li inve8te<f by him m such manner. It is the settled rule of equity, 
! the absence of express directions in the instrument creating the 
?i< or of statutory permission, that trustees can not invest trust 
roperty xv^n any mere personal security nor upon stocks, bonds, or 
(b^^r ri^*arities of private corporations. (2 Pomeroy Elq., 1074.) In 
rx^nt case before the Marvland court of appeals the rule as accepted 
fi the United States generally is expounded oy Mr. Justice McSherry, 
s follows: 

It i> uf the most vital importance that tmsteeB be held to a strict and rigid account- 

ry, and however serious ma^f be the conseauences which in particular cases the 

, . -ation of this rule may entail upon the individuals affected or upon their sure- 

!'«. inaenidbiHty to those consequences is a stern and imperative mandate of judicial 

.*.. It is infinitely better, even in exceptional ca^es of manifest hardship, that a 

' -V'e tihonid suffer the results of his own error and mistakes of judgment than that 

- ttied principles which have uniformly governed courts of equity in protecting 

:." interest of oeetnis que trust against the trustee should be relaxed or strained in 

.f oli'^htest degree lor his acquittal or relief. His duty requires of him the exercise 

; :..i:h diligence and absolute good £aith, and whilst the law affords him ample pro- 

'.^n, if 1^ seeks the aid and follows the direction of the courts bavins jurisdiction 

vvr the subject, it generally fixes upon him the responsibility for all losses which 

.iv result from unprofitable or unfortunate investments made upon his own discre- 

: >n trni judgment (Zimmerman v. Farley, 70 Md., 561, cited in 2 Beach on 

>>t.s553.) 

We wish all worthy corporate enterprises success; at the same time 
Ao intend to protect, with all of the safeguards of law and equity, the 
«lf {M^ndents upon this court. The clamor of stock manipulators can 
rH>t move us from our position; the threat of promoters inspires us 
with no terror; the groan of the widow and the cry of the orphan do 
dll usi with immeasurable pity, and, having an eye single to their wel- 
knswedonot intend that corporations with alleged securities, having 
an alleged gilt edge but a back of grosser metal, shall break into the 
TAults of the court and take from it the funds of fiduciaries. As mat- 
ters DOW stand there is but one way to get such funds out of these 
vaults and that is to employ dynamite in liberal quantities when the 
If^lice are asleep. If the Massachusetts doctrine, that a trustee can 

.vei<t trust funds in promissory notes, stocks, and bonds of private 
'^>rporation8, is to become the "law of this Territory, may God pity 

'ur widows and orphans. 

The Massachusetts theory referred to in Banning^s case (9 Haw., 
&), that for the court to *^ direct what securities and what only may 
'•»' accepted by trustees, so that they would be exonerated in the event 
<'l \(my trenches upon legislative functions," is a view not held by any 

•tiMT court or text writer. 

1 Perry on Trusts, ^2. 

2 Beach on Trusts, 533. 
Lewin on Trusts, 619 et seq. 
^Pomeroy Eq., 1064. 

Wheeler v. Perry, 18 N. H., 807. 



250 HAWAIIAN INVESTIGATION. 

That "investments'' in sugar properties^ and particolarly nei 
undeveloped sugar properties not dividend paying, are not ] 
investments for trust funds is a proposition to whicn I can not 
out closing my eyes to the historv of this country, do other thw 
my absolute assent. The view that they are not proper inve« 
for trust funds has been generally followed in this country by ti 
as their accounts in this court show, and has been maintained 
ablest members of the bar. Mr. A. S. Hartwell, whose high 
sional attainments and superior business ability has been reco$ 
all times, was zealously seconded in denouncing the investment 
funds in this class of securities in the Banning case by Mr. W 
ney. The argument of Mr. Hartwell so forcibly expr^sed th 
and the purely s]>eculative nature of such investments that 1 
ranted in quoting from it«at some length. He said: 

It is a different thing altogether from Massachusetts investments, this 
bonds for raising money for the purpose of establishing and mnning Ki 
tation, no matter how much money has been paid out there, wheth< 
unwisely, the $400,000 subscribed by the shareholders had been expei 
Kahuku plantation. In the first^place it is a mere leasehold. Mr. D 
testimony before this court stated what he thought would be the value 
hold in the absence of a sugar plantation. He was a witness called by 
trator. The bonds he thought would be practically worthless if the pta 
should not be a success. * * * And right here, if the oourt please, 
to say and to insist that it is not the proper thing for any sugar securiti 
by a trustee, no matter how much he may desire to see the sugar ind 
in this country; no matter how much he may believe it will succeed, 
denied that it is a speculative venture in every instance. The sugar tr 
of New York controls the price of sugar toAiay, and if they put thti 
quarter of a cent lower than it is now it remains to be seen how many 
tliis country will do more than take off their standing cane. If laboi 
or not be available it is a matter of the gravest concern whether an 
this country will ever plant another crop. * ♦ ♦ Now, take agaj 
plantation bonds; I have referred to the fact that $135,000 had to \> 
some of its bonds before agents could be found to carry it on. W 
bonds? James Campbell, Jhe lessor, took about $40,000. James 
would get 5 per cent of al the sugar made on that plantation il 
ceed. A pretty good motive, one would say, for taking the bonds. 
son took $30,000 for the very good and business-like reason mei 
Bolte, one of the officers of the companjr, because they hoped and 
business with the plantation in selling it coal and lumber. The 
Works took $28,000, but the evidence is thev took it in payment of 
them. Theo. H. Davies & Co. took $3,000 for the purpoee of runn 
over there at Kahuku. Grinbaum A Co. took $9,0(X), the agents o! 
They wereprett^r safe, having the handling of all the sugar tbat iwoul 
in taking $9,000 in bonds. Bishop took $15,00(f. Bishop & Co. , ^wl 
been interested in almost all the financial ventures of Uiis coixntr 
conservati ve firm . But that cautiousness and conservatism m igb t ni 
upon that hou^e to stand to the relief of certain firms and Ixelp tbei 
extent. * * * These investments are not bad in vestments oi 
political affairs of this country, not on account of the distrust in 1 1 
concerning the silver business. It is not the failure of the Barinj^, : 
cial disasters in Australia, it is not the wild-cat railroad ventures i 
which makes these securities bad securities; it is beoiuse tbey ar i 
because they are not based upon solid values or pennanent va I 
become better and they may not become better, that is not tbe qi 
not come within the rule with regard to tnist investments that i i 
them. I submit that when the bonds of a sugar plantation tbc 
receive no dividends are issued, it is an extremely nsky th.infc to 
why? If the plantation pays no dividends to its shareholders ii 
does not pay. What are the bonds worth then? What can y 
machinery except for the manufacture of sugar? It has airways i 
these mortgages on sugar plantations were somewhat like the moi | 
elephant. When the time comes that the property is worttiless 



HAWAIIAN INVEdTlOATlOK. 251 

«» sod these moriKiafpes are lorecloaed vou then Bimply get the value of the property 
- jier purposes beades sugar and nothing else, because the mort^^ages would not 
,. 'Fvcloewl if sugar were paying. 

A^^uIni]lg (what 1 do not for a moment believe) that the present 
liu^ of the land and machinery of the Waialua and McBryae com- 
tflie^ are fairly estimated, it does not at all follow that such values 
ive that stabihty which a trustee should require, for it goes without 
ivin^ that the permanent value of any mortgage security must depend 
iq^ly, if not entirely, upon the permanent earning capacity oi the 
4uperty mortgaged, and where such earning capacity is in the least 
'^rn?e precarious or rests upon conditions and numerous contingencies 
t^yond the power of the mortgagor to control or protect, it tollows 
tvit an investment in such security is speculative in the highest degree. 
I tho production of cane upon these plantations should be aiscontinued, 
b*" land could not be sold for one-fourth of its present alleged value 
or (^ne« while mills, pumps, and railroads would hardly fetch the cost 
{ removal. It is not wise to obstruct our vision of these conditions, 
nl it 18 hut little less than a crime to permit the custodians of trust 
imd:^ to invest the monev of women and children, the insane, the 
w^k, the dependent, and the helpless in securities that pending events 
ni^t cauje to be swept into wastebaskets of finance. ^^ Riches have 
finp/' and sometimes their wings are spread very rapidly. The value 
*i the property of any sugar plantation must depend upon the ability 
)f it^ manager to cause it to produce sugar at a profit, and his ability 

do that must in turn depend not merely upon the productiveness of 
he land, but upon the rainfall, the cost of labor, coal, food supplies, 
night, and the price of sugar. While there is probably no immediate 
iiuger of an open American market bein^ accorded to sugar grown 
liher in the Philippines or Cuba, yet it is unlikely that uxe United 
•^lates will permanently establish or long continue a policy of levying 
m import outy upon sugar from the Philippines, or that it will long 
.>>'wtthe importunities of Cuba for admission to an open market in the 

1 oited Stated, either by reciprocity or by annexation. 

It is getting to be well understood by everybody that the formal 
innrxationoi Cuba has merely been deferred by the preliminaries 
i^hu'h were recently gone through with for the election of a set of 
I'fficiab for the Cuban Republic. Cuba will never have independence 
in the sense in which that term is ordinarily understood. Ihe Piatt 
:uaendment, which the Cubans have insertea in their constitution, has 
''^blidhed an American protectorate over Cuba. Whether the so- 
(^IIhI Republic e • ists one year or ten years, it can never have the same 
Hations to the other nations of the world as have Mexico, Venezuela, 
Haiti, or any other of the states in its region. Under the Piatt amend- 
UifQt Cuba's Government can never enter into a treaty with a foreign 
p»wer which would tend to impair such independence as she will have 
under this stipulation, or allow any foreign power any lodgment in 
the L^Iand for colonization or any military or naval purpose; she can 
Dot contract any debt the interest on which could not be met by the 
Mirplua of her ordinary revenues over her expenditures. The United 
States has the right to intervene for the preservation of Cuban inde- 
pendence, for the maintenance of order, or for the discharge of the 
ol)Ii^ttons with respect to Cuba imposed by the treaty of Paris on the 
Tnited States; and for the protection of the Cuban people and for the 
ddeojjeof the United States interests the Cuban Government promises 



252 HAWAIIAN INVESTIGATION. 

to sell or lease to the United States lands to be a^eed upon betwii 
the two Governments for military and naval stations. 

These stipulations, of course, impose a condition of dejpendenceu] 
Cuba from the outset. Cuba is a ward of tbe United States, and 
people of Cuba, of the United States, and of the world know this. 
some parts of the soil of Cuba the Stars and Stripes will remain fl^^ 
after the formal transfer of sovereignty is made to the Cuban Gov( 
nient next May, June, or whenever else the transfer takes place, 
military and naval stations will be occupied bv the United States t 
the beginning of the existence of the Cuban Kepublic. The Amer 
flag wul remain up in Cuba after Cuba theoretically takes its \ 
among the family of nations. Even this technical independencei 
bo comparatively short, for both the Cuban people and the peopj 
the United States want annexation and know that it will come q 
early day. Physically Cuba is mrt of the territory of the Vt 
States, and was so reco^ized by Jefferson long before Florida he^ 
formally annexed to this country. Every American statesman oi 
consequence since Jeff erson^s time has looked upon Cuba as an ult^ 
acquisition of the United States. The ceremonies which will l>e 
through with in Habana and other parts of Cuba in May or June | 
when the American flag will constructively be pulled down anj 
Cuban flag be technically run up, will be interesting and impressi 
the surface of things; but the person who looks back of this stag! 
and grasps the vital forces of political evolution which are at wo 
the American continent will see that all this acting is merelv the 
lude to the events which will raise the Stars and Stripes all ov* 
island again, and which will keep it floating there forever. 

Mr. L. V. de Abad, special Cuban commissioner and secretary 
Cuban delegation in Washington, very recently issued an op)en lei 
Congress in which, after making an appeal for a generous tariff i 
with Cuba, he says: 

The island of Cuba is to-day a military dependency of the United States; i 
than a territory, and to-morrow, when the Piatt amendment becomes op 
although called a republic, it will, in view of that amendjoent, be leas indf] 
than it would have been under the autonomic constitution granted by S^iaiii 

The d^ree of sovereignty enjoyed by Cuba is not to be compared with th, 
cised by Bulgaria or Servia, because these countries are protected by the t 
Berlin, which secured the signatures of a number of powers, and the Rep 
Cuba has no guaranty, save that bestowed by an act of Congress, which 
repealed by a subsequent act 

Both in Cuba and in the Philippines there are square miles of 
tivated lands available for sugar where there are single acres c 
lands in this Territory; and there are 20 available native la 
in Cuba and 50 available laborers in the Philippines for every 
man and Japanese at work upon the plantations in these island^s. 
the price or sugar must under these conditions (leaving the woi 
development wnich is taking place in beet growing in the United 
entirely aside) very soon teke on a permanent lower range of 
seems more than probable. That with a lower price for sugar 
increase in a supply of cheap oriental labor many of the old-esta. 
sugar propeities will pay smaller dividends, while some of then< 
will be compelled to discontinue operations, appears inevitable, 
will be the value of a sugar property compellea to suspend ? 1 
American Sugar Company and Maunalei attest. 



HAWAUAN IKVE8TIGATION. 253 

Th4? evidence in regard to Waiftlaa Agricultural Company is not as 
•uiplete as I should like to have before me; but as further showing 
le remote, uncertain and speculative character of this alleged invest* 
lent I may quote the evidence of Mr. E. D. Tenney, secretary of that 
[>mpany, as follows: 

\4. How long before you calculate the company will pay dividends? — A. Well, that 
A question tfiat depends altogether on circumstances, on the condition of the su^r 
itrrerts. 80 many factors enter into it I would not want to go on record aa saying 
ibm it would pay dividends. If things are favorable dividends should be paid 
mbin two years; onfiavorable, nothing will be paid; can't tell. 

Out of a tx>tal area of 20,000 acres of land held by the company only 
K>ut 2,500 acres of the cane land is owned by it in fee. The lanas 
n* leaseholds having an average term to run of about 46 years. The 
spital stock of the company fully paid is $4,500,000. 

Aox>rding to Exhibit A attachea to the annual report of the com- 
nny. and taking its own figures, the compan^^ values its real estate at 
mlv |7*>6,809.20, or nearly a quarter of a million dollars less than its 
iutl)orized bond issue. In the real estate valuation is not included the 
if^a^^holds, valued at (according to the company's figures) $694,146.28, 
)ut it will hardly be contended that trust funds should be invested in 
bM class of property. The company is indebted to its factors in a 
^mu exceeding $500,000, and it appears from the records in the case of 
Soper et al. t\ the Waialua Agricultural Company et al. that a large 
!mml)er of the paid-up shares of the company were absorbed by the 
pn^moters. In regara to the McBryde Sugar Company we not only 
!&i\ p the testimonv heard by the master and the court in this matter, 
but dl'so the benent of the evidence heard by the master in regard to 
tb<>e bonds in the matter of the estate of Bemice P. Bishop, deceased, 
L»f which we have availed ourselves. The McBryde Sugar Company, 
Limited, was incorporated May 29, 1899, with a capital stock of 
^L^'N^OOO. The shares are of the par value of $20 eacn and are now 
ill paid up, with the exception of 9,300 shares, which are in the treas- 
ury of the company. The ^piardian seemed to lay some stress upon 
th*- fact that this stock was m the treasury of the company. He evi- 
dently overlooked the following provision under which this stock is 
excluded from the mortgage, to wit: 

Excepting and reserving from this conveyance and the operation thereof all 
-: &rv9 of the capital stock of the grantor, now or at any time hereafter, during the 

' Mnuance of these presents, held or owned by it, the grantor, including all such 
-t <k, if any acquired bv the grantor through sales thereof for delinquency in pa]^- 
^i^nt of asBeaBments. The stock of the company according to the master's report is 
"t-iimg at 25 cents on the dollar. 

The company has a bonded indebtedness of $750,000, and is indebted 
to iu factors on open account in about the sum of $600,000. It has 
ru'ver paid a dividend, although it has been in existence three years, 
and Mr. Miller, who occupies a trusted and responsible position with 
th»^ company, says; " I don't expect it will pay any dividends for three 
\^'t\ni any way, possibly longer." He also testifies that the books show 
tbr item of real estate to be $1,082,194:, and Exhibit D attached to the 
annual report of the company for the year ending December 31, 1901, 
'buws this item to be $1,272,387.53. As no valuation is placed upon 
th>> leaseholds as an item separate and distinct from the real estate, 
vv must presume that they are included in the figures just given for 



254 HAWAIIAN IKVBSnOATION. 

real estate or else that the company does not take them into ac<x)aDt 
resources. This valuation can hardly be re/^rded as entirely indepen 
ent and impartial, as it is the estimate of the borrower upon its 01 
property; besides it must be remembered that this valuatiOQ is Itaj 
upon the property as a sugar plantation capable of yielding a lad 
return and can not be taken as a criterion of the value of the land 
the property is abandoned as a sugar plantation. 

Situated in the very heart of the plantation, between its Ellele J 
Koloa properties, is a lease of government land known as Kalabeo, 
which IS a valuable stream. This lease contains 4,045 acres, and ^ 
expire on Februarv — , 1909, a little less than seven vears. Accordi 
to the testimony of Mr. Miller, about 2,000 acres of tnis moribund le 
is in cane, and as '^it will be three years anyway, possibly longe 
before the company pays a dividend, it will be readily seen that as 1 
basis of a loan lor trust funds it is, aside from the inherent objectil 
to leases, decidedly illusory, and in view of the demand, the clamoi 
American citizens in this l^rritory for homesteads, and the declarat 
of the President, which has been hailed as a benediction, that '/ we 
not wish a region of large estates tilled by cheap labor; we yfu 
healthy American community of men who themselves till the fa; 
they own," it may be treated as a foregone conclusion that the loaj^ 
Kalaheo will not be renewed, at least not for a rental of $330 a v< 
which the property now yields the government. It further app 
from the evidence of Mr. Miller that— 

the artesian wells put down developed salt in excessiye qnantitiee, so we hi 
abandon the wells, and then we tunneled for fluifaoe water, and obtained suffi 
supply, more than sufficient for one pump. 

Here we find a condition such as drove the American Su^r C 
pany from cane planting to stock raising. And right here it ma; 
stated as a most impressive fact that in the last report of the comj 
to its stockholders not one word is said with reference to the salt 
in solution bv the water from these wells. It is true that the wit 
speaks hopefully and confidently of the water which may be deveh 
by tunneling and by impounding flood waters, but this method of 
serving water in these islands is experimental. The "oldest inhj 
ant" always has his story to tell of the "wettest winter and the dr 
summer" in his experience. When the success of an enterpri 
dependent upon either "wind or weather" we ought to give the rru 
second thought before investing trust funds in it. 

A number of reputable gentlemen have testified that thej' l>c 
the bonds of this company te bo good, and one, Mr. P. C. Jones 
said that he would not nesitate to invest trust funds in them, 
appears from his evidence that the bank with which Mr. Jones is 
nected has " handled" these bonds; but just how they were " hand 
does not appear; whether as a matter of brokerage, or whethoi 
bank loaned money upon them with a satisfactory margin to the sol 
maker of a note we ao not know; at any rate it does not appear- 
any bank in this city no w owns the bonds or has ever owned any of t ] 
and in the case of every witness who testified and who has invest- 
these bonds it appears that his knowledge of the security is basec 
upon actual inspection of the property but upon what others say a 
it, which we trace to interested^ sources. Mr. S. C. Allen, whc 



HAWAIIAN INVB8TIOATION. 255 

t^ted $75,000 in the bonds and who is also a stockholder, when 
«^"»'l about the property said: 

■ blow Bomething of it; I am not very familiar with it; I was down there— I 
■ - nit been there since 1858. I killed off a herd of wild cattle about 1858 at 
*. ill. 

Ilf" further states that he never read the trust deed nor employed 
i'j}(»n<^ to do so for him. Allen is the only witness who has testified 

I (Hitting his own money into this enterprise. Mr. Kinney testifies 
li<it he liorrowed $50,000 upon these bonds from the acting president 
•J hn Uoyd) of the German Saving and Loan Society, or S&nFran- 
i-'<t>, depositing as security $50,000 of the bonds at par, and that the 
Nw was afterwards extended for six months. Mr. Lloyd's loan was 

II the rate of 7 per cent; the bonds bear only 6 per cent. It is incon- 
'» \able that Mr. Lloyd would lend $50,000 at 7 per cent upon a 
rj. rtgi^c bearing only 6 per cent; but he had other security, to wit, 
i^^ H*i-urity afforded by the solvent maker of the note. Mr. Kinney 
u^i >tate^ that if this property is a failure as a sugar plantation, it can 
^} 5 per cent on $500,000 as a stock ranch. The answer to that is, 
!i^ company has contracted to pay not 5 per cent on $500,000, but G 
[♦r t-ent on $750,000. Five per cent on $500,000 would give the 
['•"^•nt bondholders less than 4 per cent on their investment. 

Thin case is not one in which the trustee has made an'investment of 
tri<t funds in a doubtful venture at a high rate of interest; but it is 
^K^ io which he has made an investment of such funds at a low rate of 
f t-re?(t in what seems to me to be a very doubtful venture. All of 
^ '"^taesses, except Mr. Damon, state that first-class loans upon first 
:-.ii estate mortgage can be placed at from 7 to 9 per cent, and that 
^ r- deioand for such loans by borrowers is greater than the supply of 
t> nej jo the market Mr. Damon, who could not state the current 
^^ of interest, as '* it varied," was requested to furnish the court with 
k !i<t of loans made by his bank upon real estate mortgages from 
t^iftber, 1901, up to the present time. Such list was furnished and 
^ that it appears that of 15 loans made by the bank of Bishop & 
N>. (Damon^s Dank) 13 were for 8 per cent, 1 was for 10 per cent, and 
'• nlj was for 6 per cent. 

( |H)n no possible theory consistent with his duty to his ward and 
' tti her rights can the investment made by this euardian be defended. 

I* i> a(Tordingly ordered that he be surcharged with the investment 
r^ ?;':,(HH) in the bonds of the McBryde Sugar Company; with $11,500, 
(*- iovei^tmcnt made in the bonds of the Oahu Railway and Land Com- 
f*'-: with $i,000 invested in the bonds of the Waialua Agricultural 
' ' '!'(^'*Ji &nd that he be surcharged also with interest at 6 per cent on 
•■ i -JumK, respectively, from the date of the said several investments. 

An<i it appearing further that the interest of this g^rdian in this 
'-*-t«TLsin direct conflict with that of his ward, and said guardian 
'^\in^ signified his intention to appeal from this order, it is ordered 
!■» 1 ailjudged that J. J. Dunne, esq., a member of the bar of this court, 
[l* aod he is hereby, appointed guardian ad litem of Annie T. K. 
''••i^^r, a minor, with full power and authority to represent her as 
' ^ truardian ad litem on appeal. 

A. S. HUMFHBETS, 

J^irst Jvdge. 
:^t*«d April 12, 1902. 



256 HAWAIIAN INVESTIGATION. 

« 

Exhibit No. — . Testimony of A. S. Humphreys. 

EXTRACT FROM SENATE COMMITTEE REPORT No. 1933, FOklO ^ 

* * * the board of health appointed a committee consistin] 
three reputable contractors and builders, C. B. Ripley, F. J. Wilhi 
and John Ouderkirk, whose duty it was to examine, measure, ] 
photograph, and appraise the value of all buildings within the q 
antined aistrict, as well, also, any buildings elsewhere outside of 
district ordered burned. 






EXTRACT FROM RULE OF THE BOARD OF HEALTH. 

I 

If a building is in such an insanitary condition that it can not | 
any means disinfected and put in a sanitary shape by the usual ri 
other than fire, then \t should be destroyed oy fare. Second! 
buildings are considered by the board as not being insanitary. h\ 
reason of their adjoining infected premises and being in sucli u c 
tion that rats can easily pass from one building to another, w^ 
nounce them to be infectea with plague, even though a death dl 
occur in the premises, and therefore they are condemned to 1 
others in being destroyed by fire. 

EXTRACTS FROM OFFICIAL DOCUMENTS RE FIRE CLAIMS 

[Official resolution of the board of health.] 

The premises (naming the location) having been inspected 
board, are, in the opinion of this board, insanitary, a source of fill 
a cause of sickness, and are incapable of being rendered sanit 
fumigation or any other means, and that it is necessary for the 
health and safety that the buildings on same should be destro 
fire, and that such destruction should be carried out forthwith. 



EXTRACT FROM LETTER OF HON. S. B. DOLE TO PRESIDENT McK 

On Saturday, the 20th instant, while the fire department was I 
condemned buildings under orders of the board or health in the i 
jjart of Honolulu, one of the spires of Kaumakaupili church 
lire eo high up that it was beyond the reach of the fire engines 
resulted in the total destruction of the church with the excei 
the walls, which are brick, and the spread of the fire to nei^l 
buildings. The headway thus gained soon put the fire bey^ 
control of the fire department, and by half past three in the af 
the greater part of Chmatown was destroyed. It has been th 
tion of the board of health to have burned the greater part c 
buildmgs eventually, as a necessary measure for the suppre^ 
the plague. 



HAWAIIAN INVESTIGATION. 257 

KxTfTBiT — . — Judge Humphreys. 

VWAirs ''BLUE" LAWS— CONSTITUTION AND LAWS OF 1840~A 
•KViTICAL ILLUS'KIATION OF THE MISSIONARIES' LOVE FOR THE 
UAWAIIANS. 

CONSTITUTION. 

li L< our design to regulate our Kingdom according to the above 
rincipleiS and thus seek the neatest prosperity, both of all the chiefs 
jt^i all the people of these Hawaiian Islands. But we are aware that 
.' ran not, ourselves alone, accomplish such an object. God must be 
^u- aid, for it is his province alone to give perfect protection and 
intiperity. Wherefore we first present our supplication to Him that 
I** will guide us to right measures and sustain us in our work. It is 
htrefore our fixed decree — 

I. That no law shall be enacted which is at variance with the word 
^f the Lord Jehovah, or at variance with the general spirit of His 
iVdrd. All laws of the islands shall be in consistency with the general 
pint of God^s law. 
U. All men of every religion shall be protected in worshiping 
lohovah and serving Him according to their own understanding; but 
no man shall ever be punished for neglect of God unless he injures his 
m'l^hbor or brings evil on the Kingdom. 

111. The law shall give redress to every man who is injured by 
another without a fault of his own, and snail protect all men while 
they conduct properly, and shall punish all men who commit crime 
a^niinst the Kingaom or against individuals, and no unequal law shall 
be Dsu^sed for the benefit of one to the injury of another. 

iV. No man shall be punished unless bis crime be first made maui- 
fi^l; neither shall he be punished unless he be first brought to trial in 
the presence of his accusers and they have met face to race, and the 
trial having lieen conducted according to law and the crime made mani- 
ft^t in their presence; then punishment may be inflicted. 

No man or chief shall be permitted to sit as judge or act on a jury 
ti) try his particular friend (or enemy) or one who is especially con- 
ntrted with him. Wherefore, if any man be condemned or accfuitted, 
v^fl it shall afterwards be made to appear that someone who tried him 
a<»t«»d with partiality for the purpose of favoring his friend (or injuring 
his enemy), or for the purpose of enriching himself, then there shall 
^M> a new trial allowed before those who are impartial. 

UPOSinON OF THB PRINCIPLBB ON WHICH THB PRESENT DYNASTY IS FOUNDED. 

The origin of the present Government and system of polity is as 
follows: 

Kamehameha I was the founder of the Kingdom, and to him 
Wlonged all the land from one end of the islands to the other, though 
it was not his private property. It belonged to the chiefs and people 
in common, of whom Kamehameha I was the head and had the man- 
a^meot of the landed property. Wherefore there was not formerly 
and is not now any person who could or can convey away the smallest 
I)ortion of land witnout the consent of the one who had or has the 
direction of the Kingdom. 

H I— FT 3— 03 17 



258 HAWAIIAN INVESTIGATION. 

These are the persons who had the direction of it from that tii 
down — Kamehameha II, Kaahumanu I, and at the present time Kan 
hameha III. These persons have had the direction of the Kingd<j 
down to the present time, and all the documents written by them, aj 
no others, are the documents of the Kingdom. ' 

The Kingdom is permanently confirmed to Kamehameha III a 
his heirs, and his heir shall be the person whom he and the chiefs nh 
appoint, during his lifetime; but should there l>e no appointme 
then the decision shall rest with the chiefs and house of represen 
tives. I 

PREROQATIVE8 OP THB KING. I 

! 

The prerogatives of the King are as follows: He is the soverei^ 
all the people and all the chiefs. The Kingdom is his. He shall h\ 
the direction of the army and all the implements of war of the Ki| 
dom. He also shall have the direction of the Grovemment propoj 
the poll tax, the land tax, the three days' monthly labor, thou^r)j 
conformity to the laws. He also shall retain his own private lat 
and lands forfeited for the nonpayment of taxes shall revert to 1^ 

He shall be the chief judge or the supreme court, and it shall l)o 
duty to execute the laws of the land; also all decrees and treaties v 
other countries; all, however, in accordance with the laws. 

It shall also be his prerogative to form treaties with the rulers o\ 
other kingdoms; also to receive ministers sent by other countrie><, 
he shall have power to confirm agreements with them. 

He shall also have power to make war in time of emergency, vi 
the chiefs can not be assembled, and he shall be the commande; 
chief. He shall also have power to transact all important busine^i 
the Kingdom which is not oy law assigned to others. 

RSSPBCTING THE PREMIER OF THB KINGDOM. 

It shall be the duty of the King to appoint some chief of rank 
abilitv to be his particular minister, whose title shall be Premie 
the Kingdom. His office and business shall be the same as th^ 
ICaahumanu I and Kaahumanu II, for even in the time of Kani 
meha I life and death, condemnation and acquittal, were in the h 
of Kaahumanu. When Kamehameha I died his will was: " The K 
dom is Liholiho's, and Kaahumanu is his minister. '^ That itnpoi 
feature of the Government, originated by Kamehameha I, shall be 
petuated in these Hawaiian Islands, but shall always be in subservi 
to the law. 

The following are the duties of the premier: All business connc 
with the special interests of the Kingdom, which the King wishi 
transact, shall be done by the premier under the authority of 
King. All documents and business of the Kingdom executed b^ 
premier shall be considered as executed by the King's authority. 
Government property shall be reported to him (or her), and he (or 
shall make it over to the King. 

The premier shall be the King's special counselor in the great 1 
ness of the Kingdom. 

The King shall not act without the knowledge of. the premier^ 
shall the premier act without the knowledge of the King, and the 



HAWAIIAN INVESTIGATION. 259 

f the Elug on the ai'ts of the premier shall arrest the business. All 
aportant business of the Kingdom which the King chooses to trans- 
i in person he may do it, but not without the approbation of the 

nemier. 

GOVSSNOB8. 

There shall be f oar governors over these Hawaiian Islands — one for 
Isvui, one for Maui and the islands adjacent, one for Oahu, and one 
ur Kauai and the adjacent islands. All the governors from Hawaii to 
i&iuii >hall be subject to the King. 

The prerogatives of the governors and their duties shall be as fol- 
*}wy. Each governor shall nave the general direction of the several 
%i gttherers of his island, and shall support them in the execution of 
kil their orders which he considers to have been properly given, but 
:hall pursue a course according to law, and not according to his own 
[iHvate news. He also shall preside over all the judges of his island, 
wd shall see their sentences executed as above. He snail also appoint 
the jud^ and give them their certificates of office. 

All t£e governors., from Hawaii to Kauai, shall be subject, not only 
to the King, but also to the premier. The governors shall be the 
>aperior over his^ particular island or islands. He shall have charge 
of the munitions of war, under the direction of the King, however, 
mi the premier. He shall have charge of the forts, the soldiery, the 
inns ana all the implements of war. He shall receive the government 
(heti, and shall deliver over the same to the premier. All important 
Wmons rest with him in times of emergency, unless the King or 
pn^mier be present. He shall have charge of all the King's business 
•>n the island — ^the taxation, new improvements to be extended, and 
plans for the increase of wealth, and all officers shall be subject to 
hiio. He shall also have power to decide all questions and transact 
ili bland business which is not, by law, assigned to others. 

NVhen either of the governors snail decease^ then all the chiefs shall 
i.N<emble at such place as the King shall appoint, and shall nominate a 
^Qcceasor to the deceased governor, and whosoever they shall nominate 
and be approved by the £ng, he shall be the new governor. 

HOT78B OF MOBLX8. 

M the present period these are the persons who shall sit in the 
(roremment councils — Kamehameha III, Kekauluohi, Hoapiliwahine, 
Koakini, Kekauonohi, Kahekili, Paki, Konia, Keohokalole, Leieio- 
hokn, Kekuanaoa, Kealiiahonui, Kanaina, Keoni li, Keoni Ana, and 
Haalilio. Should any other person be received into the council, it 
^ha^ be made known by law. These persons shall have part in the 
<^>Qncili) of the Kingdom. No law of the nation shall be passed with 
•»ut their assent. Tney shall act in the following manner: They shall 
ANiemble annually for the purpose of seeking the welfare of the 
Ration and establish laws for the Kingdom. Their meetings shall 
oommenoe in April, at such day and place as the King shall appoint. 

It shall also be proper for the King to consult with the above per- 
^li* respecting all the great concerns of the Kingdom, in order to pro- 
QK)te unanimity and secure the greatest good. They shall, moreover, 
tnoioctsnch other business as uie King shall commit to them. 



260 HAWAIIAN INVESTIGATION. 

They shall still retain their own appropriate lands, whether distri( 
or plantations, or whatever divisions they may be, and they may cc 
duct the business on said lands at their discretion, but not at variat 
with the laws of the Kingdom. 

BBBPBOriNO THE IIB9>BEBKNT ATI V K BODY. 

! 

There shall be annuallv chosen certain persons to sit in council w 
the nobles and establish laws for the nation. They shall be chosen 
the pjeople, according to their wish, from Hawaii, Maui, Oahu j 
Kauai. The law shall decide the form of choosing them, and also 
number to be chosen. This representative body shall have a vokm 
the business of the Kingdom. No law shall oe passed without 
approbation of a majority of them. 

BBSPBCTINQ THB MEKHNGfl OF THB LBOtSLATIVB BODY. 

There shall be an annual meeting as stated above; but if the raj 
think it desirable to meet again they may do it at their discretion. 

When they assemble, the nobles shall meet by themselves j 
the representative body by themselves; though at such times as I 
shall think it necessary to consult together, they may unite at tl 
discretion. 

The form of doing business shall be as follows: The nobles h 
appoint a secretary for themselves, who, at the meetings, shall re^ 
all decisions made by them: and that book of records shall be presc^i 
in order that no decrees affecting the interests of the Kingdom ma 
lost. 

The same shall be done by the representative body. They too j 
choose a secretary for themselves, and when they meet for the pur 
of seeking the interests of the Kingdom, and shall come to a doci 
on any point, then that decision shall be recorded in a book, and 
book shall be preserved, in order that nothing valuable affectinji 
interests of the Kingdom should be lost, and there shall no new la 
made without the approbation of a majority of the nobles and a 
majority of the representative body. 

When any act snail have been agreed upon by them, it shall 
be presentee! to the King, and if he approve and si^n his namci 
also the premier, then it shall become a law of the Kingdom, and 
law shall not be repealed until it is done by the voice of thos«e 
established it. 

RBSPBCriNO THB TAX OFFICBB8. 

The King and premier shall appoint tax officers and give thctn 
certificates of office. There shall oe distinct tax officers for each c 
islands, at the discretion of the King and premier. 

When a tax officer has received nis certificate of appointmei 
shall not be dismissed from office without first having a formal 
and having been convicted of fault, at which time he shall be dismi 
Though if the law should prescribe a given number of years a 
tenn of office, it may be done. 

The following are the established duties of the tax officers. * 
shall assess the taxes and ^ive notice of the amount to all the pe 
that they may understand in suitable time. The tax officers shall ] 



HAWAIIAK INVESTIGATION. 261 

ie asi^estanent in sabserviency to the orders of the eovernors and in 

n^rdiLDce with the requirements of the law. And when the taxes are 

he gathered, they shall gather them and deliver the property to the 

pernor, and the governor shall pay it over to the premier, and the 

>!VQiier shall deliver it to the Kin^. 

The tax officers shall also have charge of the public labor done for 
y Kin^, though if they see proper to commit it to the land agents it 
H w^II« bat the tax officers, being above the land agents, shall be 
.(.tountable for the work. They shall ako have charge of all new 
'i>ine^ which the King shall wish to extend through the Kingdom. 
I-, all business, however, they shall be subject to the governor. 

Hie tax officers shall be the judges in all cases arising under the tax 

!«w. In all cases where land a^^ents or landlords are charged with 

ppn^ing the lower classes, and also in all cases of difficulty between 

liThi agents and tenants, the tax officers shall be the judges, and also 

i'l c^ses arising under the tax law enacted on the 7th of June, 1839. 

They shall moreover perform their duties in the following manner: 
Each tax officer shall be confined in his authority to his own appro- 
priate district If a difficulty arises between a land agent and his 
teoant, the tax officer shall try the case, and if the tenant be found 
piilty, then the tax officer, in connection with the land agent, shall 
fiL<H*Qte the law upon him. But if the tax officer judge the Land agent 
u> be in fault, then he shall notify all the tax officers of his particular 
kilan<t and if they agree, they shall pass sentence on him and the 
ir^vemoT shall execute it. But in ail 'trials, if any individual take 
^'Xi^ption to the decision of the tax officer, he may appeal to the 
.invenaor, who shall have power to try the case ag^in, and if excep- 
(ifms are taken to the decision of the governor, on information given 
lu the tfapreme judges, there shall be a new and final trial before uiem. 

OF THE JUDOB. 

f^h of the governors shall, at his discretion, appoint judges for his 
particular island, two or more as he shall think expedient, and shall 
^re them certificates of office. After having received their certifi- 
cates, they shall not be turned out, except by impeachment, though it 
>M be proper at any time for the law to limit the term of office. 

They soali act in the following manner: They shall give notice before- 
hand of the days on which courts are to be held. When the time speci- 
tM arrives they shall then enter on the trials according as the law 
^baIl direct They shall be tlie judges in cases arising under all the 
lav:j excepting those which regard taxation, or difficulties between 
Uod agents, or landlords and their tenents. They shall be sustained 
^>v tkegOYemor, whose duty it shall be to execute the law according 
to their decisions. But if exceptions are taken to their judgment, 
^bueoever takes them may appeal to the supreme judges. 

OV THB BUFBEKB JUDGBB. 

• 

Ute rq>resentative body shall appoint four persons whose duty it 
iiallbe to aid the King and premier, and these six persons shall con- 
"tztate the supreme court of uie Kingdom. Their business shall be to 
«ttl6 aU cases of difficulty which are left unsettled by the tax officers 
ud common judges. They shall give a new trial according to the con- 



262 HAWAIIAN INVESTIGATION. 

ditions of the law. They shall give previous notice ot the time | 
holding courts, in order that those who are in difficulty may appi 
The decision of these shall be final. There shall be no further U 
after theirs. Lif^, death, confinement, fine, and freedom from it j 
all in their hands, and their decisions are final. 

OP CHANOBS IN THIS OONSnTUTION. 

This constitution shall not be considered as finally established 
the people have generally heard it, and have appointed persons ac 
ing to tne provisions herein made, and they have given their a^ 
then this constitution shall be considered as permanently establi 

But hereafter, if it should be thought desirable to change it, n 
shall be previously given, that all the people may understand the m . 
of the proposed change, and the succeeding vear,at the meeting of 
nobles ana representative body, if they shall agree as to the addi 
proposed or as to the alteration, then they may make it. 

Tne above constitution has been agreed to by the nobles, and 
have hereunto subscribed our names, this 8th day of October, in 
year of our Lord 1840, at Honolulu. 

Kamehameha III. 
E[esauluohi. 



LAWS OF THE HAWAIIAN ISLANDS. 
Chaftbb I. — An act pointing out the manner in which the laws shall be promulgatfi 

The subjection of the people to the chiefs from former i^es do 
is a subject well understood, as is also a portion of the ancient la 
That subiection and those laws are not now, as a matter of course, < 
continued, but there are at the present time many new laws ^ 
which it'is well that all the people should become acquainted. Tb 
is no way to make them thoroughly understood except by printi 
wherefore in a council of the government the following acts v 
passed. 

1. Hereafter no law of the Kingdom shall take effect without hH\ 
been first printed and made public. 

2. Copies of the law shall be delivered to all the following porsi 
To all nobles belonging to the council; to each of the representa 
body; to each of the judges; to each of the officers; to each of 
police officers; and shoula a Hawaiian newspaper be published, t 
shall be published in that, and consuls of roreign countries shalJ 
furnished with ten copies each. 

3. Should the purport of any law not be understood, or should 
judges be in doubt for want of clearness in the law, they may in 
case ask explanation of the supreme judges, who will make known 
exposition. 

Should any two laws be at variance with each other, then the 
bearing the latest date is the one in force. 

This law having had the sanction of the house of nobles, we h 
hereunto set our name this 2d day of November in the year of 
Lord 1840, at Lahaina, Maui. 

Kamehameha IL 
Kekauluohi. 



HAW An AN INVESTIGATION. 263 

Chaftsr II. — Of the repretentaUve body. 

In accordance with the requirements of the constitution, certain 

:rM)ns will be chosen to sit in council with the noblea. For the pres- 

t they shall be chosen in the following way, but at some future 

ri«>d the number will be increased, though not now: 

1. Two persons shall be chosen ^om Hawaii, two from Maui and 

V adjacent islands, two from Oahu, and one from Kauai. 

t. The choice shall be made as follows: Whosoever pleases on the 

buwl of Hawaii may write to His Majesty, mentioning the names of 

te two persons of wisdom whom he chooses to sit in council with the 

)hles. They may write in the following form: 

• His MajeitY Kambhamsha III: 

Tbe object of our writing^ this letter ie to inform Your Majesty of certain persons 
I thisi island of Hawaii whom we consider men of wisdom and prudence. 

1\k uune of the first is . 

Tiiename of the second is . 

It is oor desire that these two persons should sit in council with the nobles the 
nuefit year. By us. 



The above letter, when written, may be circulated among the people, 
od all who are pleased with those men may put their names. And 
rt-n should there be many such letters written it will be well, for the 
prsoo who has the most names in those letters will be the person 
b(hen and be the representative from Hawaii. 

In these ballot letters there may be a great number of signatures to 
bt* .^<ame letter. The names of all who vote will be countea, and the 
btjpersoiis having a majority will be the ones who are chosen. 

The elections shall be conducted in the same manner also on Maui, 
)abu, and Kauai. 

3. Should any man forge another's name as a signature to a letter 
rritten as above, or should anyone write his own name twice, or 
ibould one write the name of another without his approbation, he 
•hall be fined $10 for every name thus criminally written. 

4. As soon as His Majesty the King ascertains the names of the 
per^as who are chosen, the premier will then write and inform them 
.>f the day and the place of meeting of the legislature, that they may be 
Id a »tate of readiness. 

5. All the expenses of the representatives in going to and returning 
from the meeting shall be paid by the government, and also all 
eijwDses while in attendance. 

Thi;} edict having been passed by the house of nobles, we have here- 
Qoto 8et our names, this 2d day of November, in the year 1840, at 
Lahaioa, MauL 

Kamehameha III. 

Kekauluohi. 

Chaptbr III. — An ad to regvUale the taxes. 

There is much in this law which does not relate directly to assess- 
ment and taxation. A portion of it is merely explanatory, a portion 
^yplies directly to taxes, another portion applies to labor, another por- 
non applies to the former prohibitory system, a portion is direct law. 
That part which simply disapproves of certain evils is instruction. If 
tpeoalty is aflSxed, that is aosolute law. 



264 HAWAIIAN INVESTIGATION. 

1, Respecting the poU taw. — ^There shall be two forms of taxation 
the Hawaiian Kingdom. The one a poll tax to be paid in money« t' 
other a land tax to be paid in swine; or these shall be the standard 
taxation, though in failure of these articles other property will 
received. The amount of poll tax shall be as follows: For a man, i 
for a woman, 50 cents; for a boy, 25 cents; for a girl, 12i cents. 

This is the ratio of taxation for adults and chimren above 14 yea 
of age; but feeble old men and women shall not be taxed at all. 
the back part of the islands, where money is difficult to be obtaim 
arrowroot will be a suitable substitute; tnirty -three pounds of go 
arrowroot will be taken for a dollar. Cotton also is another nuital 
article; 16 pounds will be accounted eaual to a dollar. Sugar is anotl 
suitable article; also nets. If any inaividual do not obtain the mon 
at the time when every man is to pay his taxes, and if he do not olits 
arrowroot, nor sugar, nor nets, until the specified months for pj 
ments are passed, viz, October, November, and December, and if i 
last days of December have passed, then every man shall be fined i 
value of $2 (if this tax is not paid), and the same rates of increase .si 
be observed in relation to those whose taxes are less than that o 
man. The fine shall be paid in some property that can be sold for \ 
value of f 2, but not in propertj^ subject to immediate decay or do^ 

2. Zand ta^, — ^The following is the rate of taxation for plantations i 
farms including plantations. There shall be no state, county, to^ 
and district tax, but only the following: A large farm, a swine 1 fathi 
long; a smaller one, a swine 3 cubits long; a very small one, a swir 
yard long; if not a fathom swine, then $10; if not a S-cubit swine, tl 
|7.50; if not a yard swine, then $5. 

If neither a fathom swine nor $10, then 2-yard swine, or, if failing 
these, then four 1-cubit swine, or if not these, then some other prope 
of equal value with a fathom swine. Or, if none of these, then inqii 
shall be made both of the landholders and landlords, and he whoi^ 
the fault shall be dispossessed of this right in the land. Or, if 
fault is common to the landlord and tenant, then they shall have tb 
months to put the land in good order, at which time they all shall le 
it. For in that case it appears that the land was trulv valuable, 
the landlord and tenant neglected to pay the taxes. This is doir 
real damage — it is downright laziness. In the same manner as tl 
persons are fined and then dispossessed, so also shall those persons 
fined and dispossessed who hold small farms included in larger onei 

But those plantations which have no farms in them, under the dii 
taxation of particular chiefs, and have never had during the remi 
bi ance of any of the people now alive,they shall be taxedas follow 
this new assessment: A large plantation, 2-fathom swine; a smaller < 
1-fathom swine; a very small one, a 3-cubit swine. 

The above shall be the conditions of taxation and dispossessioi 
farms. 

It is furthermore added, for the purpose of clearness and equality 
taxation, that if the tax officer and the owner of the swine do not ag 
as to the size of the swine, then the tax swine shall be weighed, ar 
fathom swine shall be considered as weighing 333 pounds, a 3-ci 
swine 250 pounds, and a yard swine 167 pounds. In the systen 
taxation this shall be considered as the regular weight of all tax swi 

If the weight of a swine shall exceed that which is prescribed for 
fathom, 3-cubit, or yard swine, then the tax officer shall pay for 



ii?'«^S 



r 



»■ <» 



HAWAIIAN INVESTIGATION. 265 

above the proper weight; and so also if the weight of the swine 
1 -ijort of what is pre8cril)e<i in the law the land agents shall pay the 

[ artbennore, the governors of the sevend islands shall notify His 
t • ^ty the King of all the lands which are annoally forfeited.^ and 
.. trive them out again at his discretion, or lease them, or pat them 
:. {tio hands of tho^e who have no land, as he shall think best. 

oft/ur hihor tax. — Hereafter a tax in labor shall not be required 
, *very week of the month. On two weeks labor shall be done for 
:- ^Iaje^^ty the King and also the landlords, and two weeks the peo- 

-hall have wholly to themselves. The first week in the month the 

{>ie shall work two days for the King and one for the landlords; 
t>cond week in the month they shall work one day for His Majesty 
c Kine and two days for the landlords, and the next two weeks the 
- \\k' .shall have to themselves. But if there be important public 

:k to be done, which is for the benefit of the people at large, then 
rP' ^hall be twelve working da^'s. The people shall work three days 
I t-uch of those weeks which belong especially to themselves, and when 
w w(irk is finished or ended then that kind of labor is at an end; bat 
. r^.'v'^nis such kinds of labor as are merely for the private interest of 

xU or owners of counties, towns, didtricts, plantations, and farms, 
: 1. eveo including the King, shall take the benefit only of his own 
j:tii ular days in the week and the people shall work only on Friday, 
r N»n)etimes on Thursday, for the landlords, and the landlords shall be 
vu< t to olisen^e their particular days. And so also the tax officers 
t: ill lie particular to appropriate only the King's days to his labor. 
f {\\v landlords or inferior chiefs see proper to appropriate their days 
•r the benefit of His Maiesty the King in the performance of any 
Kirtirular labor, then the King shall return as many days^ labor as he 
ii<« ivceived from them. In the same way there may be an exchange 
: lays with the common people. 

If the King is in particular need, or landlord, it will not then be 
r jinr for the people to refuse to exchange days. They shall exchange, 
. : on the above conditions, though any man may refuse to exchange 

• (1 it \^ of special disadvantage to himself. 

\{\v same privilege shall also be given to the people. Whenever 

^\ are in straitened circumstances and shall wish to be absent from 
> Tue.^v or Friday labor, they may then exchange with the tax 

' -vr> or landlords, and it shall not be proper for them to refuse; 
\r- uifh if any man should be guiltv of downright deception and should 
1 n-ality be in no straits, that shall be considered as absenting himself 
*' m a day's labor. 

IhtKe landlords and chiefs who are guilty of appropriating to their 

'*M u>4^ the labor of the people on daj-s which do not belong to them, 

• 1 io not return an equal number of days to the people therefor, shall 
' i\v4. The tenants shall be freed for six months from working for 
''ir chiefs who have thus treated them. 

Tbi' following also is the tine of those who do not go to the public labor 
' t:jt' Kingandlandlords: A half a dollar for each man. If a man arrive 
r. the ground at dinner time, a fourth of a dollar shall l>e the fine; or 

• ibp man do not arrive till after the falling of the signal for commenc- 
':at 7 o'clock, he shall be fined an eighth of a dollar. If the failure 
^ <»n the King*s dav, the fine shall be paid to the King; if on the land- 
.•ri's day, it shall \)e paid to the landlord. Tenants, subtenants, and 



266 HAWAHAN INVESTIGATION. 

cultivators of small lots shall all pav to the landlords of their partic 
lar farms or plantations. So also headmen of states, counties, ton 
ships, and districts shall receive from their particular tenents, subu 
ants, and cultivators of their lands. But tenants of those landn whi 
have not been subject to private taxation shall pay only to the Kin^ 
case of absence from public labor. 

When public labor is to be done of such a nature as to be a comn\\ 
benefit to King and people, and therefore twelve days in a month a 
devoted to labor, then all pei*sons, whether connectea with the land I 
not, and also all servants shall go to the work or pay a fine of hH], 
dollar. Those also shall go who have been freed oy the payment' 
$9 a year, and all who have been freed by their masters, having pai^ 
rial a day. 

They shall not go, however, on the King's day nor on the landloii 
day, but merely on those days belonging to themselves. 

At the period when the taxes are collected, according to the not 
given by the tax officers, during those days there will be no field lal, 
required, neither by the King nor by the landlords, nor until the t 
officers give notice of the same. The labor of the people during tb^ 
davs will be to carry their taxes to the place directed by the tax offici' 

But all pei*sons who are sick and those in attenc&nce on the s 
shall, on the examination of the tax officers, be freed from the fine 
nonattendance on the labor days. 

He that absents himself without giving previous notice shall 
fined half a dollar. He that gives previous notice shall pay but 
cents. 

If any man wish to be entirely freed from public labor, he may' 
to the landlord and pay nine dollars, four and a half for th ^ King \ 
four and a half for the landlord, and then the man shall be entir 
free and shall not be required to go to the labor of the King no 
that of the landlords. > 

Those feeble old people who are freed from the yearly tax shall i 
be freed from the yearly labor of the landlords. King, and all kind.* 
public labor. 

Let all those who are called landlords and governors and tax { 
cers consider well what kinds of produce are suited to each partici 
land and to all the lands from one end of the island to the other, i 
they shall give special charge on this subject to the tenants of tl 
lands, so that they may cultivate extensively all such articles as si 
be profitable. The landlords shall derive their profit and loss ft 
their own days only, and so also the King shall derive his pix>tit 
loss from his days only. And the people snail derive their profit 
loss from their days. But the landlords shall strive to stimulate 
people to such kinds of labor as shall be profitable to the country. 

It is furthermore specified that on all days of labor there shal 
two seasons of rest for the laborers; one at breakfast time, the ot 
at dinner. If one should remain idle while the rest are at work, his 
shall be two davs' work at some other labor. But men shall not 
fined unjustly. Those that are really idle and lazy shall be fined, 
three o'clock the labor shall cease; and then if tfie people wish to 
inain and hear the reading of the laws, it shall be at their option tc 
it or not. 

4. Respecting parents wJw have numerous families^ and aho 
specting the infirm. — Those parents who have a number of childi 



HAWAIIAN IKVESTiaATION. 267 

ve or more, and neither of the children supported by their fiiends, 
if i^me are thus supported and three remain, those parents sustain 
eaw harden, and therefore the father shall not go to the field on 
or isLjs to work for the King, and they shall pay no poll tax on the 
ir wheD the half dollar is required, but on the year when the full 
Ur is required they shall pay a half tax. 

rbe^ie are the rules for tnose having three children. But it shall 
; lie proper for any uian to adopt the child of another for the pur- 
^of avoiding the labor tax. He may, however, adopt the children 
bi^ deceased relations and friends when the children are thus left 

If any narent have four children, and neither of them adopted by 
itber, tnen that parent shall not go to the public labor, neitner for 
i King nor for the landlords, nor shall thev pay any poll tax. 
If any parent have five, six, or more children^ whom they support, 
ither ot them being separated from the family, or if some do live 
»rate from the rest, ana five or six more remam, then those parents 
ill hv no means be required to pay any poll, land, or labor tax until 
.nr ciiildren are old enough to work, which is at fourteen years of 
e. Then, for three years the boy shall pav a fourth of a dollar per 
ftT'-the seventeenth and eighteenth years he shall pay half a dolmr. 
fter the eighteenth year he shall then for two years pay three-fourths 
a dollar, and after he is twenty he is then an adult. The same rate 
ill be observed in relation to girls, they being adults when they 
rire at twenty years of age. 

The burden of parents wno have numerous families may be further 
lieved, and their circumstances be rendered more pleasant, by 
creasing the size of the farms. 

Furthermore, whenever a single individual has a large number of 
vilid:^ living at his house, amounting to as many as lour, he shall 
^D inform the tax ofiicers thereof, and if he perceive that the man 
reftily burdened, then he shall neither go to tne public labor of the 
ioir nor to that of the landlords. He shall take good care of them, 
A the amount of his land shall be increased in order that they may 
'. >iipplied with food; and on the vear when the poll tax is a dollar he 
tail pay but half a dollar, and when the tax is half a dollar he shall 
ly nothing until some of the invalids are gone and he is relieved. 
l»eo he shall pay taxes and ^o to the public labor also, provided he is 
yir relieved. And here is a word of advice for industrious land- 
uUers, tenants, landlords, subtenants, servants of chiefs, persons 
kung DO land, and vagrants. According to this book, it is best to 
i\^ one, and one onlv, fixed business, and to engage in it with high 
f']^ in Him who aids us by the rain from heaven. Such a course 
•o'lid be a benefit to all who live and labor in our kingdom. 

'. Bapeding idlers. — ^As for the idler, let the industrious put him 
" ^hame, and sound his name from one end of the country to the 
'ib^^r. And even if they should withhold food on account of his idle- 
^^\ there shall be no condemnation for those who thus treat idlers. 

U a landlord or a chief should give entertainment to such a slug- 
iir i. he would thereby bring shame on the industrious. For three 
L<" ths the tenants of him who thus entertains the sluggard shall be 
f:*HJ from labor for their landlord. Such is the punisnment of him 
> i<> iiefriends the sluggard. Let him obtain his food by labor. 



268 HAWAIIAK INVE8TIGA1IOK. 

6. Hespecting applications for farms ^ forsaking offarms^ dispont^ 
i^ offanns^ and the management of farms. — No man living on a fa 
whose name is recoitied by his landlord shall, without cause^ do 
the land of his landlord, nor shall the landlord causelessly dispos.^ 
his tenant. These are crimes in the eyes of the law. If any porti| 
of the good land be overgrown with weeds, and the landlord see t 
it continue thus after a year and six months from the circulation 
this law of taxation, then the person whose duty it is shall put l 
place which he permitted to grow up with weedis under a good ^ 
of cultivation, and then leave it to nis landlord. This shall be 
penalt}'^ for all in every place who permit the land to be overrun 
weeds. The same rule shall apply to sublandlords and subtenante*. 

But if any man be in stitiitened circumstances, wishes to leave 
farm, or if he have business in another place, this is the counte 
shall pursue: He shall first give notice to his landlord, and hav 
informed him, he shall then put the farm in as good a state a^ 
found it, after which he may leave it. 

Landlords, oppress not your tenants; condemn them not witho 
cause while they continue to do well. If a land agent do thus to 
tenants, and dispossess them without a crime on their JP&rt, he si 
pay a fathom swine to his tenant, and the tenant shall not be \ 

Sossessed. Wherefore, ye landlords, land agente, and sublandlot 
o not thus to your subtenants — take not causelessly from them 
products of their lands, nor their domestic animals, nor any ot 
article which is not given you. All the avails of vour own worl^ 
days are yours. There is no penalty for the landlords who com 
themselves to that right. 

Furthermore, let every man who possesses a farm in the Hawaj 
Kingdom labor industriously with the expectation of thereby secui 
his own personal interest, and also of promoting the wel&re and p^ 
of the Kingdom. 

Those men who have no land, not even a garden nor any place to 
tivate, and yet wish to labor for the purpose of obtaining the ob 
of their desire, may apply to the land agent or the governor or 
King for any piece of land which is not already cultivated by anol 
person, and such places shall be given them. The landlords and 1^ 
shall aid such persons in their necessities, and they shall not ^o to 
field labor of tne King and landlords for the term of threeyears, a 
which they shall go. But if neither the landlords nor King* rei 
them any aid until they bring such uncultivated ground into a ^ 
state of cultivation and they eat of the products of the land wit] 
any aid, then they shall not for four years be required to go to 
field on the labor days of the King nor of the landlords. Aner tl 
years they shall go to the field and also pajr taxes. But the poll 
they shall always pay. 

If any landlord wishes to transfer or lease any portion of his ti 
or uncultivated grounds and the land agent objects, he has a rig-h 
do so if he designs to cultivate it himself; but if he waits a year 
does not do it then the objections of the land agent become groi 
less and he shall pa^ all the loss sustained by tne landlord in oo 
quence of his objections. 

It is furthermore recommended that if a landlord perceive a cor 
erable portion of his land to be unoccupied or uncultivated and y-i 
suitable for cultivation, but is in pos»:ies8ion of a single man, th£i.t^ 



HAWAIIAN IKYESTIOATION. 269 

hjlord divide out that land equally between all his tenants; and if 
> ^ are unable to cultivate the whole then the landlord may take poe- 
^\on of what remains for himself and seek new tenants at his dis- 
rfion. 

r. of residuum landa. — All residuum lands which have been sepa- 
[ttl by the chiefs as residuums from the main plantation, district, or 
it»^ are now to be restored to that portion of land to which they for- 
irly belonged. Let the occupancy and business of each State, dis- 
i.i. plantation, and farm be clear and distinct, each by it«<elf. Let 
\ one take that which belongs to another, for this is the statute in re- 
tioQ to sQch pei'sons. If anyone takes the residuum which belongs 
&n(>tber, then the farm of him who took the residuum shall be given 
tho owner of the residuum. Such is the penalty of those who seize 
-iiaams; their farm shall be given to those whose residuums were 

ThN edict does not apply to those pieces of ground which have been 
rrolv appropriated as building lots and house yards; nor does it apply 
tho'-^ pieces of ground which have been set apart as the royal de- 
p&ne lands, for such divisions were not taken as residuums. Nor 
^ the edict apply to places which have been taken bv the chiefs for 
V public interests of the King. Residuums proper, which were taken 
«urh, are the only ones to be restored, not, however, those residuums 
hu h were taken previous to the country's becoming subject to Kame- 
iny^ha I. 

On Hawaii these are the residuums to be restored, those which have 
!^n >eized since the battle of Moknohai; on Maui, all that have been 
i<'n>ince the battle of Kauwaupali; on Oahn, all ^ since the battle of 
v.:anu; on Kauai, all since the friendly meeting of Kanmualii, with 
aOM^hameha I on shipboard. But possessors of house lots that are 
v-> like farm gardens must aid the owners of the farms from which 
: y were taken in payment of the yearly tax. 

*. ^ff free and prohibited fvihing ffratmds — (/) Of^ free fishinfj 
/«.— His Majesty the King hereby takes the nshmg grounds 

... iho^ who now possess them, from Hawaii to Kauai, and gives 
• portion of them to the common people, another portion to the 
i :.ord<, and a portion he reserves to himself. 

Thfse are the fishing grounds which His Majesty the King takes 
ri ^res to the people: jThe fishing grounds without the coral reef, 
>. the KQohee grounds, the Luhee ground, the Malolo ground, 
*: 'tber with the ocean beyond. 

iWt the fishing ground from the coral reef to the seabeach are for 
^ iaodlords and for the tenants of their several lands, but not for 
tL-'is. But if that species of fish which the landlord selects as his 
vn personal portion should go on to the grounds which are given to the 
:^nioa people, then that species of fish, and that only, is tabooed. If 
' ^juid, then the sqoid onlv; or if some other species of fish, that 
<^: and not the squid. Ana thus it shall be in all places all over the 
''".: l<: if the squid, that only; and if in some other place it be another 
y.. then that only and not the squid. 
If any of the people take the fish which the landlord taboos for 

^If this is the penalty — for two years he shall not fish at 
t p. any fishing ground. And the several landlords shall give 

.'iiate notice respecting said fisherman that the landlords may 
'■'• :^ t their fishing grounds lest he go and take fish on other grounds. 



270 HAWAHAK INVESTIGATlOir. 

If there be a variety of fish on the ground where the landlord tabt 
bis particular fish, then the tenants of his own land may take th(i 
but not the tenants of other lands, lest they take also the fish taho^ 
by the landlord. The people shall give to the landlord one-third of ] 
fish thus taken. Furthermore, there shall no duty whatever be 1 
on the fish taken by the people on grounds given to them, nor si 
any canoe be taxed or taboo^. 

If a landlord having fishing grounds lay any duty on the fish ta 
by the people on their own nshing grounds the penalty shall U 
follows: For one full year his own nsn shall be tabooed for the tern 
of his own pailicular land, and notice shall be given of the same 
that the landlord who lays a duty on the fish of the people maj 
known. 

If any of the landlords lay a protective taboo on their fish, when 
proper fishing season arrives all the people may take fish, and \v 
the fish are collected they shall be divided — one-third to the fished 
and two-thirds to the landlord. If there is a canoe full, one-third j 
shall belong to the fishermen and two-thirds to the landlord. If 
landlord seize all the fish and leave none for the fishermen the pui^ 
ment is the same as that of the landlords who lay a duty on the 
of the people. 

If, however, there is any plantation having fishing grounds bek 
ing to it but no reef, the sea being deep, it shall still be proper foi| 
landlord to lay a taboo on one species of fish for himself, but 
species only. If the parrot fish, then the parrot fish only; bii 
some other fish, then that only, and not the parrot fish. These ar^ 
enactments respecting the free fishing grounds and respecting 
taking of fish. 

(^) Reapectvng the Utbooed fishing grounds. — ^Those fishing gro^ 
which are known by the people to have shoals of fish remaining i| 
them shall, at the proper season for fishing, be placed under 
protective taboo of the tax ofiicers for the King. Tne fishing groi 
on Oahu thus protected are: 1, Kalia; 2, Keehi; 3, Kapapa; 4, >! 
eakuli; 5, Pahihi. On Molokai as follows: 1, Punalau: 2, Ooij 
Kawai; 4, Koholanui; 5, E^aonini; 6, Aikooiua; 7, Waiokama 
Heleiki. On Lanai, the bonito and the parrot fish. On Maui! 
kuleku of Honuaula and other places. On Hawaii, the albicore. 
Kauai, the mullet of Huleia, Anehola, Kahili, and Hanalei, 
the squid and fresh-water fish of Mana, the permanent shoal fi.s 
Niihau, and all the transient shoal fish from Hawaii to Niihau, i 
sufficient quantity to fill two or more canoes, but not so small a q 
tity as to fill one canoe only. But if the fishermen go and borr 
large canoe that all the fish may be put into one, then there shall 
duty upon them. 

On tne above conditions there shall be a government duty on ali 
tmnsient shoal fish of the islands. The tax officer shall lay a pfote^ 
taboo on those fish for His Majesty the King, and when tne pr 
time for taking the fish arrives, then the fish shall be divided in 
same manner as those which are under the protective taboo of 
landlords. 

If the tax officer seize all the fish of the fishermen, and leave i 
for those who take them, then he shall pay a fine of $10, and shall I 
nothing more to say respecting the royal taxes. But if the ordei 



HAWAHAV INYESTIGATIOJf. 271 

i;in^ all the fish of the fishermen was from the ^vemor, then he 
ill no longer be governor, though he may hold his own lands, and 
t ux officer shall not be turned out of office. At the proper time 
f VAX officer may lay a i>rotective taboo on all the King^s fish and the 
t/iiurd<all around the island. But it is not proper Uiat the officer 
iM lay the taboo for a long time. The best course is for the officer 
/nc previous notice to the fishermen, and then the common people 
•i the landlords to fish on the same day. Thus the rights of all will 



[,n)tected. 



I' 

Ikit DO restrictions whatever shall by any means be hud on the 

tli'^ut the reefy even to the deepest ocean, though those particular 

h which the general tax officer prohibits and those of the landlords 

i' b swim into those seas are taboo. The fine of those who take 

^) .:hit€d fish is specified above. 

rt A'hice to the govenvors and l^mdlords, — It shall be the dutv of those 

whom the Kin^ gives lands to see that they do not establish other 

idlonds onder Siemselves^ but over the people. Let that business 

nn* to an end. The establishing of a multitude of landlords over the 

[oe tenant; the traveling of the people a great distance to the work 

their landlords,, and thereby leaving all Uie affairs of their lands in 

•i«i i-ondition; the harboring of a multitude of sluggards, and women, 

I), who do nothing, fbe chiefs and the landlords grinding their ten- 

i«: the making oi feasts by higher ranks, for the purpose of getting 

K property of the poor; the taxing of those people wno desire to do 

>>rN9 with their landlords, and that, too, by the district and land 

>-r.iN and without any fault on the part of tlie people^, the landlords 

^ : >ly urging the people to trade contrary to their wishes; the une- 

Lii punisninent of crinunals by the judges — the proper name for tho:«e 

':.'^ mentioned in this section is thievish seizure, unjust oppre^ion, 

k|- MQ^ unjust burdens, avarice. These are the wealth-oestroying 

k>t^ which impoverish the Kingdom. This conduct of the j^vemors 

i beads of districts and chien shall cease. Let no criminal act of 

r &ind be done hereafter, for, lo, these are the blasts of the land. 

't r.oDe of the landlords under the King and none of the land agents 

\ > r them do any of all the things forbidden in this law. If anyone 

Tiie pei^ions spoken of in this edict do any of the thin^ forbidden 

• /^ law, he shall pay all damages sustained by him to whom he does 

^ uunage, and if he continue to do thus his fine shall be that he i*hall 

> 1 '.u^er be a landholder in these islands, and he shall be fined to half 

»• .imountof the property which was sought. Sudi is the fine of 

^ who 24et aside the directions of this section. 

1 j^ liusiness of the governors and land a^nts and tax officers of the 

' ral Ux gatherer is as follows: To read frequently this law to the 

^ ; \y on all days of public work, and thus shkll the landlords do in 

t prv^nce of their tenants on their workings days. Let everyone 

^ ;ut his own land in a good state, with proper reference to the wel- 

■> of his body, according to the principles of political economy. 

'^ man who does not labor enjoys little hairiness. He can not 

- s any great good unless lie strives for it with earnestness. He 

I' r.'>t nkke himself comfortable, not even preserve his life, unless he 

^ *^r for it If a man wish to become rich, he can do it in no way 

^'pt to engage with energy in some business. Thus kings obtain 

...Moms bj striving for them with energy.^ The divine teacher said 



272 HAWAIIAN imnESTIGATION. 

to our first ancestors thus, ^^In the sweat of thy face thou shalt « 
bread," and that is the business of those most particularly spokefi of 
this law. Reflect well on the meaning of the words spoken herein. 

10, The business of the chiefs the present year, — On the first y< 
after the promulgation of this law it shall bs the duty of the cbii 
under His Majesty the King to read frequently what is herein writu 
and reflect well on the meaning of this new law of the Kingdom, a 
search out encouragement for the people to labor with the animati 
hope that the sweat of the face will obtain its due reward; to 8u^u 
the requirements of this law in order that the Kingdom itself may 
regenerated; to select suitable times to be deyoted to seeking tho m 
fare of the oflScers of the Kingdom, and your own also, and tnat of t 
landlords and common people, together with that of strangers who i^ 

Eermitted to dwell in these islands, that they may prosper and 
appy. This is the business for which you should meet for consul 
tion: to promote the welfare of the industrious and of others; to < 
perse those lazy persons who live in hordes around you, thro 
whom heavy burdenp are imposed upon your laboring tenants; to I 
up agents capable of acting according to the requirements of this I 
and tax oflScers, both to aid the general tax gatherer, and to act 
your own particular lands; to place your children and youn 
brothers in the high school of the nation; to seek for a higher kinc 
prosperity than that which we have heard existed under the reij^^ij 
Kamehameha I, when the old man and woman, with the child, n^ 
sleep safely in the highway; to remove the ignorant land agents | 
those oflScers who tax the people unjustly — from which causes 
people are oppressed and the Kingdom impoverished; to put an 
to every thing which is at variance with this law; to cherish i 
which will drive away the enemies of these islands; to put an en<j 
your covetousness, by which the poor are dispossessed of that wl 
IS lawfully their own; to treat with kindness those who devote tl 
strength to labor, till their tattered garments are blown about ll 
necks, while those who live with you in indolence wear the ti 
apparel, for which the industrious poor have labored. Where 
have compassion upon them in acconlance with the requirement 
that covenant to which you have sworn: "Love thy neighbor as 
self." Let the chiefs reflect well on these duties in order that I 
may perpetuate their ranks as chiefs on these islands. Scatter ] 
people about upon the lands, that they may cultivate them and Ih*c 
rich. Thus will their good will to us be increased, and thus the 
pie of the Kingdom wiU be eased somewhat of their burdens. 

11, Duties ^the t<vx officers. — On the first year after the public* 
of this law, these shall be the duties of the tax oflScers which the 
ernors appoint to aid the general tax gatherer: The general 
gatherer shall instruct the agents of states, counties, districts, ph 
tions, and farms, that they all labor faithfully on the public labor 
of the King to grow that kind of produce which is best suited to 

§ articular land in every part of the islands; though cotton is a. 
uction which is considered by this law as very important. Let 
be planted in abundance as a new source of wealth to these islsi 
That is a third article in which taxes will be received, of whieli 
tax oflicer shall give universal notice. In the same manner x 
prompts the people in relation to the money tax for the poU, aii<i 



HAWAIIAN nrVESTIGATIOH. 273 

rk Tax for the land, so also he shall prompt them in relation to the 
■wth of the cotton. Other kinds ox produce may be cultivated at 

• I'tion of the officers and people, if they are indostrious their 
I - will be realized. Let tne tax officers see that the taxes are 
', «M d in strict accordance with the requirements of this law; let 

<i enumerate the people, male and female^ together with the 

.nn« who pa}" the yearly tax, and make a separate enumeration of 

M men and women and those children who do not pay the taxes; 

r:*'m take a yearly account of the deaths and births, by which it 

^ 'fo ascertained whether the people of the Kingdom are really 
Shiner in numbei*s or not, and by that means the amount of 

I - ran be known. 

i .rthennore, ignorant persons shall be no longer employed, neither 

• IX nffii-ers nor as land agents, for that is a means of oppressing the 
J ':•• and making them poor, they being so accustomed to impose 
:. n> at will and receive the property of others without pay. This 

.vitmps the reason why tiie people at the present time are so lazy 
a work j?o feebly. 

V* landlords, to whom lands are given in char^, no longer rule 
'.r tenants in ignorance, lest the tax officers, bemg enlightened in 

principles of this book, nullify your title as landlord and we give 
AvU to those who are ready to aid the feeble portions of the com- 

' ty. The ignorant shall receive their proper reward, poverty, 
: ihf lands shall be given to other lords. Tnis penalty, pover^, 
1 i ^K* the reward both of chiefs and people if they act in reality 

Tirv to the above. 

.. Pi^ hmtutr^ of females. — ^This is the appropriate business of all 

• :iiHles of these islands — to teach the chiiaren to read, cipher, and 
' . and other branches of learning; to subject the children to good 

r ' !:il and school laws; to guide the children to right behavior and 
. ib« 111 in schools, that they may do l>etter than their parents. But 
* \iarents do not understand reading, then let them commit the 
-"t.< tionof their children to those who do understand it, and let the 
' lit** support the teacher; inasmuch as they feel an interest in their 

if-rn, let them feel an intere>t in the teacher, too. But if any 
•:..an do not conduct according to the requirements of this section, 

" Int her return to the labor of her landlord, as in former times, to 

'. lafior, however, as is appropriate to women. The tax officer will 

% to and manage this business. 

^^r htytng u^fir Ttxtrletlofks. — All the governors are hereby for- 

> . n to lay new burdens of their own inventions on the lands. VVhen 

• ondemn anyone unjustly, do not lay the blame on the laws of 

> Kinirdom, and when you lay the grievous burdens on the people, 
' not (:a>t the blame on His ^lajesty, the King, nor on the law; do 
"t »Hhave thus, le>t even the country people rise up lief ore you and 

nd to you the meaning of this )xx)k. Wherefore execute none 
:rown peculiar plans unless the King first subscril>e his name to 
At you wish to say to the people. The proper course is when any 
: ' rixir perceives that some new crime is becoming prevalent, or 

• • /jjK makes some discovery which may be of value to the Kingdom 
: "the people, if carried into execution, for him then to give notice 
rf .'i'^ dL^x)very to all the governors, and when they signify their 
^//''^lation, then present the same to the ELing, and if he sufSx his 

H I— PT a— 03 18 






274 HAWAIIAN INVESTIGATION 

name, then it becomes a law of the Kingdom, for it is much better t 
execute such plans as will not be condemned by any of the sectioas < 
this law, that plan having been formed for the benefit of the Kingdo 
and been unanimously approved. 

But those governors, land agents, landlords, and chiefs who set sbir 
the edicts of this book which regulate the taxes of the whole Kingdo 
and pursue a course unjust, burdensome to the poor, and oppres>r 
to those who labor in employments to increase your wealth, a cour 
to render destitute those who patiently endure fatigue and the scorr 
ing rays of the sun, who pretend that your oppression of the peof 
is m accordance with the Word of God; who punish the crimes of t 
lower classes in a manner at variance with the meaning of the k 
who lay taboos on those employments by which the people seek 
enrich themselves, especially if you perceive that a number of ni 
are engaged in the same employment, and make it profitable, then y 
monopolize it to yourselves and forbid any to engage in it unless tb 
pay a tax to you; who lav unequal taboos to enrich one class wh 
they impoverish others who should be equally enriched while they 
well; those agents of the general tax gatherer who compel the peo 
who are destitute of money and pork to pay their taxes in arti( 
which do not grow upon the land, and the compelling the people to 
a great distance to labor for their landlords; whosoever of you d 
any of the things forbidden in this section he shall pay all damag 
and if he persevere in such a course he shall forfeit one-third part 
all his lands. If he afterwards continue to pursue the same coufmi 
shall forfeit another third, and if he continue still, he shall forfeit 
remainder. [See the eleventh section.] These lands thus forfei 
the King will give to those industrious persons who conform to i 
law. Such shall be the punishment of those high-minded pt^rs 
who set aside the requisitions of this law respecting the property 
the Kingdom. 

Furthermore, those country people who search for knowledge, w 
ever they may be and in whatever part of the kingdom, if they ^ 
to me or my premier, and we perceive that their proposition is a g 
one, it shall then be adopted as a statute of the kingdom. The j 
ernors and the King, too, will suffix their names to the writing, j 
will also promote such seekers after knowledge to higher stations 
make them officers in their various places. And such persons g 
receive one-tenth part of the King's income at their station, and 
one-tenth part of the land agent's income. Such is the reward w 
His Majesty offers to all in the kingdom who act as above, and ' 
shall moreover be admitted to the council of the nation. 

Furthermore, whoever of the country people engages vigorous! 
any new employment not practiced in tnis country before, and 
prove to be a valuable business to the nation and to those who en) 
in it, and if it was previously unknown, then this is the decisio 
relation to such a man. He shall be freed from public labor o 
the labor days, both of the King and of the land agents, and f roi 
public labor of the kingdom. He shall pay no yearly monej" tax, 
the King will give $10 to the man who thus searches out a new J 
ness, provided the business be continued. Such is the reward w 
His Majesty the King offers to all who search out a new employ] 
in any part of the kingdom of the Hawaiian Islands, 



HAWAIIAN INVESTIGATION. 275 

/^ Rt^pedifig the descent of lands to heirs. — Be it furthermore 
'5* ted in relation to lands which Kamehameha I and Kamehameha 
I :nive to land agents, that after the publication of this law respect- 
er taxation, whenever any one of those land agents dies his heir shall 
'mier an account to His Majesty the King of the lands which belonged 
\ tb<' deceased, and these shall return one-third of those lands to the 
inij:. According to this rule all the lands, whether few or many, of 
nrr nian who dies shall be divided. But if two months elapse after 
\s <it?ath of any person and the heir neither present himself before 
y Kin^' nor send a written notice, then the lands of the heir shall be 
i\ iiii^l eqi^ly. Hereafter the lands of all heirs shall he divided thus 
\ii>n the King is not notified. If the deceased, however, had but one 
krni. that shall descend to his heir. If he had two farms, then one- 
I'f of one of them shall revert to the Kin^. From this time forth 
' King and his premier must be inf onned of all bequests of lands 
•1 whatever relates to the heirs. But if the deceased have no heir 
: alJ.then his land and all his property shall be the King's. Thus it 
ordained in relation to the land agents of His Majesty the King 
>ii also in relation to the land agente under them over tne common 
rople. But the lands of orphans, widows, and old men sh 11 be pro- 
^-ted by the land agents; let not the heirs, however, among the com- 
i.>D people forget the directions of their landlords. 
If anyone spoken of in this law seize the land of lawful heirs which 
pmtected by this law, the punishment shall be as follows: Two-thirds 
f thi» income of said land obtained by the new landlord in a year shall 
» i«livered to the heir, and it shall be thus delivered each j'^ear for 
•dT Hiut-essive years, and then the land shall belong to the new land- 
)^\. The fine shall be the same for those who apply to the King for 
i/i- occupied by heirs of the deceased, though it tfie heir do better 
lan the deceased his third shall not be restored to the King. And if 
;, liet-eased person have children of his own, then the King will not 
it* the third, nor the third of him who does better than the deceased 
r^>o. But if that heir had been enriched by previously being heir 
\ another chief, the King will then take the third. 
.' '. ^fftli^ dimmon of water for irrigation. — In all places which are 
iit«»red by irrigation those farms which have not formerly received 
divi^iion of water shall, when this new regulation respecting lands 
(in-uiated, be supplied in accordance with this law, the design of 
iich is to connect in full all those abuses which men introduced. All 
t*"**^ famis which were formerly denied a division of the water shall 
■^nvt* their equal proportion. Those bounties which God has pro- 
fit <1 fur the several places should be equally distributed, in order that 
h*!v niay lie an equal distribution of happiness among all those who 
h*x in those places. The allowance of water shall be in proportion 
)thoamount of taxes paid by the several lands. For it is not the 
>**iirn of this law to withhold unjustly from one in order to unjustly 
m«h another, according to the old system which has been in vogue 
(fwn to the present time. That the land agents and that lazy class of 
••Wins who live about ut" should be enriched to the impoverishment 
! tb(» lower classes who witl patience toil under their burdens and in 
Lp h«^t of the sun is not in accordance with the designs of this law. 
\)fi law condemns the old system of the King, chief s, land agents, and 
ii officers. That merciless treatment of common people must end. 



276 HAWAUAN INVE8TIGATI0W. 

If the governor think proper to adopt a protective policy, let him pi 
tect all alike; and there shall be an equal division of protected artid 
in order that every man may obtain the object of his desire accordi 
to the amount of his labor. Such is considered to be the proper cou 
by this law regulating the property of the Kingdom, not macconlai 
with the former customs or the country, which was for the chiefs s 
agents to monopolize to themselves every source of profit. Not 
with this law. 

[Here follow some further explanations respecting the system of t 
ation. Those seven sections which follow are designed to explain i 
enforce what has been previously said.] I 

16, Reyyecting the va/Hations in taxes, — ^The first year after the i 
mulgation of this law throughout the different islands of this gr<j 
the poll shall pavbut half tax, thus: A man, half a dollar; a woniii 
quarter of a dollar; a child over 14 years of age, one-eighth of ado 
On that year the lands shall pay a full tax. The fathom swino > 
be but a yard length, the three cubit swine shall be a cubit and a li 
and the swine of a yard's length shall be only one cubit long. In I 
ure of the yard swine, five dollars; in failure of the cubit and a I 
three dollars and three-quarters; in failure of the one cubit, two del 
and a half. The rule shall be the same if the tax be paid in any o 
property than the two articles mentioned. On that year the poll \ 
pav a full tax, and this yearly variation shall be perpetual. II 
poll pay a full tax, the poll shall pay only half in that year. 

17, The hu8ines8 of the chiefs, — Ye chiefs of the nation, reflect 
on these fundamental laws of the Kingdom. From this time eh 
your course of procedure. A change in accordance with this law 
be both more just and be really better for yourselves. The multi 
of people who live with us in idleness or do but little, which we fa 
supposed to be a business style of living, let that cease. The peniui 
of your office held in this country from of old are to be the aval 
your lands obtained on all your working days. Those are y ours- 
one-tenth part of the yearly taxes collected from your lancls is y 
not, however, the poll tax. But the chiefs who do not belong* U 
council are not included; their standing shall be that of the land! 
though by improvement in their manner of conducting business 
will rise to tne same rank by seeking the welfare of the lal> 
classes, that they may enjoy full protection, and also by prom 
the happiness of the weak and of strangers from other lands. 

18, Kespectlng landlords. — Reflect well, all ye landlords of the ] 
dom, on all the regulations of this law, lest you be dispossessed., a< 
ing to the principles of the eleventh section. Search for your v 
on vour own labor davs; search out such kinds of business as will v. 
the country, and those tenants who live upon the lands under you 
the high and the low may be under the like subjection to the saiiit! 
enacted by the chiefs for the protection of the Kingdom. On th 
ond year after the promulgation of this law, which is the year on ^ 
a full poll tax is paid, those landlords who do not belong to the na 
council shall pay to the King one-tenth part of all the avails of 
labor days. On the year wnich pays but a half tax on the pol 
landlords shall pay to the King one-fifth of their income, and this 
be a perpetual tax of the Kingdom on the landlords, having an a 
change in the proportion. 



HAWAIIAN INVESTIGATION. 277 

!'K Ratpteting officers to be appointed omew. — ^This explanatory sec- 
..: i> for all those officers that are newly appointed to enforce these 
*. of the Kingdom, and also for all those who are called officers. You 
^ appointed as persons ,to assign labors in perfect accordance with 
i> requirements of this law. If you see the chiefs, landlords, or any 
hT people doing that which is forbidden in this law, you are to give 
xvix correi't iuformation of the crime they are committing — the crime 
[ M^izing those articles which are said to belong to the common peo- 
(.'. You are to give notice of those acts which not being well under- 
«4)ii. and liable to involve the actors in difficulty, that Sie idler is to 
^^ punL^hed with hunger and poverty — that it is the duty of the peo- 
\' to latior for that property which is appropriate to the several farms 
il ri»und the island — to superintend the numbering of the people, 
^< ludiiig children and feeble persons, also the deaths and births in 
:m h year— to search out a course by which those parents who have a 
iultitudo of children may retain them without having them separated 
r^meach other, and by which an individual having the charge of sev- 
ril ft*oble persons may be able to support them — to consult with the 
iiiilonlsas to what kind of production is most appropriate to their 
\vral lands, according to the suggestions of this law — to reflect well 
n th*» means by which the amount of property may be increased each 
«-ir aiwve that of the preceding, that it may be ascertained also 
trthtT there really is an increase of property on the islands or not. 
,*", TahMHfl artfrliH on the mounUiins. — Of all the things which grow 
[f'tiLHoeously on the mountains, the landlord can taboo nothing for nim- 
Ai «'xanitone kind of timber. This, however, does not apply to timber 
•r» jiureil by the hand of man; that is his. If any of the common people 
ikf tht» tiralier which the landlord had tabooed for himself, he shall pay 
•i.»' of every two sticks to the landlord, however many he may have 
av n. His Majesty the King taboos the sandalwood for himself. 
rv.f vi«»itors of the mountains shall not touch that timber until such 
injc as the King shall say, when all the people may cut it b}^ paying 
:To-thirdH to the King, reserving one-third to themselves. He also 
.iNH>s all large trees such as one man can not clasp. That tree shall 
M J)e felled for nothing. It may be cut for canoes, paddles, and 
'\' h ^reat works as small timber will not answer for. The landlord 
T tax officer must be previously notified, but no other person. Who- 
'\er riolates the taboo on those trees and fells without reason a large 
trpp, or breaks down the small shoots of sandalwood in the moun- 
tain<. shall be fined one hundred rafters, each five yards long. But if 
th»' man l)e furnished with a whipsaw, they are the third class of per- 
'^•nN who may cut large trees of tne forest, but not sandalwood. But 
\li.Te is one thing that is taboo on all the mountains of the land, that 
>, to kindle fires and burn up all the verdure of the mountains. Who- 
wr does this shall be punished according to the aggravation of the 
"tionsc. If the crime be small, the fine shall be less; if large, then he 
*'jall l)e fined by being put to hard la])or for two years and a half. 
>uih is the punishment of all who kindle fires on the mountains. 

-V. Of the applicfftion of the laws, — During the ensuing six months 
th«' ifovernors and landlords shall settle the difficulties in relation to 
r^iduum lands, and other difficulties also. First let the difficulties on 






manner of doing business be settled; establish your men on your 
bdi), that they may be well off; seek a reward for the laboring cla£» 



278 HAWAIIAN INVESTIGATION. 

according to the amount of labor performed; and all officers shaU 
rewarded according to their correctness in transacting hu^siness. Afl 
six months from this time chiefs, landlords, and people shall he pc 
ished for all violations of this law according to the within re<|uii 
ments. 

^. Respecting the councils of the nobles. — In the fore part of Ap 
the nobles shall meet in council to consult on the welfare of all w 
reside in the Kingdom. By such a course the nobles may perpetua 
their rank above tne people, in subservience to all the laws of the Kin 
dom to which you give your assent. 

But for a man to engage in only one kind of business is the sure 
way to enrich the nation; thus, one engaged in agriculture <. anoth 
in the fisheries, another in canoe building, another in trade; each ii 
portant business of the nation having a separate class of lalH)rcrs, 
accordance with the opinion of the skillful. 

All taxes assessed previous to the enaction of this law shall 
paid, and all labor previously given out shall be performed in h 
after which the old systiem shall end. 

This law was enacted on the 7th of June, in the year of our Ix 
1839. 

At a subsequent examination of the nobles certain change.*^ w( 
made, to which we have set our names this 9th day of November, 
the year of our Lord 1840, at Lahaina, Maui. 

Kamehameha ni 
Kekauluohi. 

Chapter IV. — Of laws which are vot of universal applicaHon. 

In the constitution it is stated what laws are applicable to the Ki 
dom at large. A single noble can not make a law, not even His Majo 
the King, but the nobles must assemble according to the requirenic 
of the constitution. Wherefore if a single governor pursue an \\\< 
rect course, the fault is his own; it does not attach to the Kintrd 
until the King and premier approve the act; then the Kingdon 
involved. 

There are many little evils existing in villages which the gen 
laws of the nation can not correct, for the circumstances of one vill 
are unlike the circumstances of another village; wherefore the 
lowing edicts have been agreed to: 

1. If the people of any village, township, district, or State cons 
themselves afflicted by any particular evils in consequence of tl 
being no law which is applicable, it shafll be lawful for them to go 
tax officer, judge, or any chief, and he shall give notice to all the po* 
of the place who may assemble at the place mentioned by the offi 
Then tney may devise a law which will remedy their difficulties, 
they shall agree to any rule, then that rule shall become a law for 
place, but for no other. It shall not, however, be in their powe 
make any law which is at variance with any law of the Kingdom 
on a subject of universal importance, but laws respecting ro 
fences, animals, and all such like things they may pass. 

2. All private individuals also shall enjoy the same privilege, 
man may make a law which shall be ap[)lieable to his own premi 
and if a man makes the law of his lana, bis yard, or his house cle 



HAWAHAN INVESTIGATION. 279 

Ddeistood beforehand, that law is binding, and whosoever violates 
Ul pay the penalty according to the requirements of the law, though 
Obuch law can be at variance with the general spirit of the laws of tne 
»tion, nor can there be an oppressive law nor one of evil tendency. 
Tlie^e edicts having been passed by the nobles, we have hereunto set 
nr nam^ this 9th day of November, in the year of our Lord 1840, at 
.Ahaina, Maai. 

Kamehameha in. 

Eekauluohi. 

Craftkr V. — Of police officers and canstahles. 

1. It shall be the duty of the several governors to appoint constables 
ind peace officers for uie protection of the people ana villages. The 
rovemor shall act in this thing according to his own discretion. If 
the village be large there must be a greater number of constables. 
[f the village be small there may be a smaller number of constables, 
It the discretion of the governors. If the governor be embarrassed in 
inv respect and therefore think it best to appoint a new officer over 
&DV kind of business, he may do it at his discretion. 

The badge of the constables shall be a little stick, made round, with 
the name of the King at the top of it, and it shall be his duty always 
to (arry the badge that he may be known as a constable. If he does 
n*»t tarry the badge it will be improper for him forcibly to seize a 
Dfiin, lest it be thought that he is not a constable and a quarrel ensue. 
Iq such a case the blame will attach to the police officer; but if he 
rtny his badge and anyone resist him and hurt him, then the ))lame 
will attach to the man and the officer will he faultless. 

i It shall be the duty of the police officers to watch, spy out, and 
detect criminals, carry them to and deliver them up to the judges, who 
will bring them to trial. It shall be their duty to seize all persons who 
violate the laws, and in case of a quarrel or a mob it shall be their 
duty to restore or demand peace and seize the guilty persons. If any 
tyeuce officer know of a person's committing a crime and do not seize 
Dim nor make it known to the judge, he shall be punished to one-half 
the amount which the criminal would have been; and if they merely 
hear of disorder or mischief, it shall be their duty to go and see for 
the purpose of quelling it. If any one of them receive a bribe, and 
therefore conceal crime, he shall be fined to four times the amount of 
the bribe which he received. Then if the bribe he received was %1 
hv< leeal fine shall be 1^. 

3. If any man, not being a police officer, shall carry the badge of 
one, he shall be fined $5. If a police officer shall seize a man entirely 
without grounds or without any reasonable ground of suspicion, he 
"^haij be fined $10 and pay all damages sustained by the person thus 
proundlessly^ seized. If a police officer attempt to seize a man and he 
T'^st, the man shall be fined $10, even though he do not wound the 
officer. But if the officer be wounded by him, he shall then be fined 
in the same manner as all others guilty of assault. 

If any man aid a person whom the police officer attempts to appre- 
bpnd^ his fine shall be $10 for his opposition to this officer, and if the 
crimmal actually escape in consequence of his aid, he shall be f d 
ag^Q, at the discretion of the judges but not to a higher amount tiian 



280 HAWAIIAN INVESTIGATION. 

would have been paid by the criminal whom he rescued. But if t 
police officer be wounded by him he shall be fined again, as all in 
are who commit assaults. 

The police officers shall be paid for their services in the foUowi 
manner: If a police officer seize a man for crime and he be tried a 
convicted, then one-fourth part of the fine shall go to the police offic 
The same also shall be the reward of all men. Whoever has knoi 
edge of a crime and enters a complaint to the judges shall receive oi 
fourth of the fine. 

This law shall go into operation on the Ist day of January, in 
year of our Lord 1841, in all places on these islands. 

This law was passed at a council of the nobles held atLehaina, Ms 
and received our signatures this 10th day of November, in the year 
our Lord 1840. 

EIamehameha in 
Kekauluohi. 

Chafter VI. — Quarantine laws. 

Whereas it has been clearl}- ascertained that the smallpox has pre vai 
on board of one or more ships now cruising in the Pacific Ooe 
which may be expected to visit the Sandwicb Islands, and wlur 
that disease is understood to prevail at the present time in ports 
the western coast of America frequently visited by ships on tl 
way to the Sandwich Islands: Therefore, 

Be it eymcted by the kings and nobles of the Sandwich iHlamU 
council assembled: 

1. That after the promulgation of this law all canoes and boats ) 
all persons not authorized by the board of health are prohihl 
from visiting any foreign ships whatsoever until the}' shall nave li 
examined bv a health officer or one of the board of health a^s h< 
after named and pronounced healthy. And whosoever shall visit j 
ship contrary to this law shall forfeit $40, to be paid one-half to 
Government and the other half to the person who shall give infer 
tion of the same. 

2. All vessels having the smallpox or any other contagious di^ 
on board, and all vessels having had any contagious disease on Ihj 
within a period less than four months are hereby prohibited fi 
anchorage at any port, harbor, or roadstead of the Sandwich Islai 
ui\til visited by a health officer or bj^ one of the board of health, 
having received his approbation. And any master or officer of 
such vessel who shall land or permit to be landed any person or | 
sons affected with a contagious disease, or any article containing « 
contagion, shall, on being duly convicted thereof, be fined not iii 
than fl,0()0, or be imprisoned one year. 

3. All vessels having had contagious diseases oji board as alx)V( 
arrival at the Sandwicn Islands, or at any port thereof, shall be entii 
at the direction of the board of health for a period not more t 
forty-two days. And all vessels in quarantine, or laid under rest 
tions as above, a yellow flag at the maintop. And whosoever shall 
on board any vessel thus put under the yellow flag shall forfeit 
and shall be entirely at the direction of the board ot healtn for a t4 
not longer than forty-two days. 



HAWAHAK IKYSSTIOATIOK. 281 

4. For the purpose of carryiDg into execution the abore reguktions, 
^hall be the duty of the several governors to set apart a board of 
»Alth for each of the harbors of ttie Sandwich Islands. And said 
LKird of health shall have full power to enact such laws and regula- 
p>n^ AS may be necessary to protect the health of their several places. 
Vn (the governors) shall a^ appoint health officers, whose duty it 
bli be to examine every vessel suspected of having a contagious 
^•^^ on board, and the health officer shall be entitled to receive 
r m the master of every vessel thus examined by him $5. 
Done at Honolulu on this 29th day of May, in the year of our Lord 

i^i^nei by the King.) 

Chafteh VTI. — A MahUr/or the rtgtdationi of MchooU, 

The bftiiis on which the Kingdom rests is wisdom and knowledge. 
^:rv and tranquillity can not well prevail in the land unless the people 
ri' taught in letters and in that which constitutes prosperity. 

If the children are not taught, ignorance must be perpetual — the 
hildrenof the chiefs can not prosper, nor any other cmldren: There- 
itn*, \)e it enacted — 

1. Wherever there is any number of parents having fifteen or more 
aldrpQof a suitable a^ to attend school, if they live near each othen 
ti thr same village, or m the same township, it shall l>e their duty to 
kpiure themselves a teacher, which thei' shall do in the following 
Eiiiner: The tax officer shall give notice by a crier of the time and 
ibiv at which all the male parents of the township, district, or village 
LU meet, and thev shall choose three of their number as a school 
>-:iimittee for that place. If the number of children in any vilage 
.> ;«*v> than fifteen tnen their fathers shall unite with another company 
i-^r hv. 

:. Said school committee shall then apply to the general school 
i^r^Qt, spoken of below, and they together shall look out a teacher for 
hat place. If there are but few chUdren, then there shall be but one 
r^<her; if more, then two teachers: and if the children are verv 
lumeroos, then there shall be three or more teachers, as they shall 
hiDk best 

\ When the teacher is obtained, then the general agent, the teacher, 
LT.j the school committee shall agree as to the wages. If the teacher 
fcive DO land and they shall agree in the opinion that it is important 
ie shoald have some, then the general school agent shall endeavor to 
»^re some which is not occupied, and that land shall be given to the 
^a«her, bat not in perpetuity. When he shall cease to act as teacher, 
Ijhq the land shall revert to the Government But if the land do not 
if'^nl the teacher a full support, then they shall furnish him with as 
LU'^b more as thev shall agree to be necessarv. It shale l^e furnished 

the Bang's labor days and from the yearly tax, but 
K>t the poll tax. 

The general land agent shall have power to take the unoccupied 
iand^ of the landlords, but he shall give previous notice to the land- 
krds. that there may be a mutual understanding between them. 

4. Furthermore, it shall be the duty of the children to be generous 
ti'thfir teacher and aid him by working on his land, according as they 
M agree or aooording to their good wilL 



282 HAWAHAir INVE8T1GATI0K. 

6. A further reward to the teachers of schools shall be freedom f n 
all public labor for the chiefs and land agents, and neither thev i 
their wives shall pay any poll tax while they are acting as teachm 
schools. 

6. It is not proper that all teachers should be paid alike. A t( 
wise teacher wno is exceedingly laborious in his business and has ma 

1)upils should be paid a high price, while he who is less wise* and 1 
aborious in his business should be paid a lower price. But no per 
is by this law considered a teacher unless he have a teacher's certific; 
from the general school agent. 

7. If the school committee perceive that the avails of the land giv 
by the King to the teacher are more than they agreed that the teaci 
snould have, then they shall take the charge of the surplus for 1 
benefit of some other schools, and if the propertv be such as that i 
care of it is a burden, then the school committee shall receive one-tci 
in payment for their care. 

8. At all places where the children are in want of a schoolbdu 
the tax officer shall notify the people and they shall build it under 
direction of the school committee. And inasmuch as the labor is 
such as concerns the chiefs only, but is alike for the benefit of 
people and the rulers, it shall be considered as national work. t| 
even transient persons and servants shall labor. 

9. The proper ages for children to go to school shall be conside 
to be from 4 years and upward to 14 years of age. If any n 
have a child of a suitable age to go to school, but below 8 y« 
of age, and do not constantly send nim to school, then that \m 
shall not be freed from the public labor of the King and the 1^ 
agent, on the labor days, whatever may be the number of his child i 
neither shall his poi*tion of land be increased, nor shall he be permil 
to cut on the mountains such kinds of timber as the King gives to 
people. All those kinds of timber are taboo to those parents who ji 
not their children to school. Nor shall those parents fish on tl 
fishing grounds which the King gives to the people. Those pan 
have a preference for darkness; therefore let the taboos of tl 
times of darkness apply to them. But if a child be more than 8 v 
of age and do not go to school, then the fault shall not be consitlc 
as the parent's only, but the child's also. That child shall go to 
public labor of the King and land agents on all labor days. No c 
(over 8 years of age) who does not go to school shall be freed f 
public labor; they shall all go to work. 

10. Children when at school are required to be quiet and liste 
the instruction of the teacher. But if anyone is mischievous, 
teacher shall be allowed to administer to him proper correction, 
not improper. If the school becomes disorderly and the ti^aohe 
tried thereby, or on account of the misconduct of some partic 
pupil, then the teacher and school conunittee may consult together 
act according to their mutual judgment. 

In time of school it is not proper for children to go a distance f 
home. In time of vacation they can go, and when the school be 
anew then return. Though if a child be afflicted by the sickness 
parent or some near relation (or some other cause), he may go by 
ing previous notice to the teacher. 

But it shall be illegal for the teachers to hinder those of their pi 
who desire to enter into the marriage relation or those who wi> 



HAW An AN INVISTIGATIOK. 283 

iQOve to another place with their parents, but when they thus remove, 
ley must enter the school at that place. 

11. If a teacher fail of doing his duty, and become negligent or 
dilty of a crime, then he shall be brought to trial before the school 
>cnmittee and general school agent of the place, and they shall decide 
^ptHTting him. If it i^ their judgment to diminish his wages or even 
ike away his office as teacher and withhold his whole wa^es, they shall 
ive a right to do it. 

Whenever a teacher is dismissed or dies, then his land, house, and 
^ ^hall revert to the King and shall be under the care of the school 
i*mmittee, who shall give them to another teacher. Though if he 
ui!t his own house or paid his own property for it, or if his house 
ms included in his wages which he received as teacher, then the house 
hall not be given up. 

l:^. It shall be the duty of the school committee to encourage the 
)firt>nt*i in whatever will promote the education of their children, and 
bill al^ themselves encourage the children to go to school and acquire 
:r.owledge, and shall aid the teacher in whatever is necessary for the 
kr»<perity of the school. The school committee must do these things 
rntaitously — they will receive no pay, for it is but a small amount of 
iJior which they will perform. 

13. There shall also be annually appointed certain men of intelli- 
ffnce as general school agents, as follows: One for Hawaii, 1 for 
kkui. 1 for Molokai, 1 for Oahu, 1 for Eauai, and 1 superintendent 
rf the whole. Thev shall be appointed by the legislature at their 
iDfiual meeting. These persons shall be the school agents for the 
r«nir. 

U. The business of the general school agents shall be to consist 
rith the school committees and teachers in accordance with what is 
)^fore stated. The general school agents shall superintend, manage, 
Old provide for the teachers, and shall encourage them and their 
n'holkrs. They also shall be the judges of the law in relation to 
H-hool*. The supi'eme judges are the only persons above them. They 
^hall report to their superintendents their various acts, and the result 
rf their observation, and the superintendent shall report to the legis- 
bture at the annual meeting. Their pay shall be as follows: When 
ih^y are traveling to exanune schools the land agents shall furnish 
them food and necessaries, and they shall be paid $25 a year of 
(joremment property, but not money. 

15. Furthermore, those scholars wnich attend the mission seminary 
It liahainaluna shall be freed from the money tax, and all public 
klM»r of the chief, and all scholars that go to school to learn geography, 
u-ithmetic and other higher branches taught in the higher schools, 
thc)<e scholars shall not go to the public labor of the chiefs and land 
i?ent8 till they become 18 years of age. 

IH. The regulation of this section applies only to children born 
Jiiring the reign of Liholiho, and during the present reign of 
Kauikeaouli, but does not apply to those born previous to these 

No man bom since the conunencement of the reign of Liholiho who 
^ not understand reading, writing, geography, and arithmetic shall 
juld the office of governor, judge, tax officer, nor land agent, nor hold 
^y office over another man, nor shall a man who is unable to read and 
write marry a wife, nor a woman who is unable to read and write 



284 HAWAIIAN INVESTIGATION. 

marry a husband. But this edict does not apply to those who we 
born previous to the rei^n of Liholiho. 

17. If anyone suffer a misfortune which is the cause of his \^ 
ranee, if his sight be defective, or if he lives in a solitary place dlsta 
from school, or is unfortunate in any other manner which is the n*a.ii 
of his ignorance, and still his or her mind is made up to raarrk' a mt! 
or husband, then he or she may go to the sfovernor, who shall nu! 
inquiry, and when it becomes clear to him that the person's ignoraa 
is not the result of laziness, but a real misfortune, it shall then U^ tl 
duty of the governor to give him or her a certificate of marriage. 

18. Furthermore, it shall not be proper for the general school apei 
to give the teacher's certificate to ignoi'ant persons, nor to pcrx^^ 
known to be vicipus or immoral. If a man can read, write, and undtj 
stands geography and arithmetic, and is a quiet and moral man, a 
desires a teacher's certificate, it shall be the auty of the school a^n| 
to give him one, and not refuse. 

19. furthermore, all the tax officers are required to listen to tl 
commands of the general school agents when they give orders for t| 
payment of the teacher or teachers, in accordance with the requii 
ments of this law, or when they give orders for rebuilding soho^ 
houses. The tax officers shall obey the requirements of this la| 
But they shall notify the premier of all property which they pa}' ov 
to the school agents or teachers. 

20. By this law the statutes enacted in relation to schools on the V\ 
of October, 1840, are repealed. When this law is published, on i 
day that it takes effect, then that law shall be no longer reganl<i 
But school committees regularly appointed shall hold their ottj 
through the year, when, if the people choose, the}^ may app)oint ni 
ones. Furthermore, all lands regularly given to the tejurhers 
accordance with the regulations of that law are confirmed to i 
teachers by this new law m the same manner as lands newly given < 
by the general school agents. 

The day on which this law shall take effect shall be as follows: Shoi 
it be proclaimed in any village or township, then the day on whicl 
is proclaimed shall be the daj of its taking effect in that place. I 
if it is not proclaimed, then it shall take enect on the 1st day of S 
tember next in all places in the Hawaiian Islands. 

All the requirements of this law having been agreed to by t 
nobles and by the representatives, we have set our names to the sa 
this 21st day of May, in the year of our Lord 1841, at Lahaina, Ma 

el^mehameha iii 
Kekauluohi. 

Chapter VIII. — Law respecting the making of roads. 

If any governor wish a road made, he shall appoint three surve3'C 
who shalllay out the road. And the people also may do the same, 
they wish a road made, they may proceea according to the directi^ 
in Chapter IV. But this law is enacted for the further regulatiou 
the subject. 

1. If it be desired to make a new road, it shall be done as folio 
There shall be three men appointed, who shall estimate the amouul 
property sacrificed by means of the road. Those interested in 
road shall make the appointment — if the nobles, then they shall appoi 
or if the people, then they shall appoint. 



HAWAnAN INVESTIGATION. 285 

i. If any man^s bouse stand in the contemplated road, the commit- 

t){ three shall estimate the amount which said man ought to receive 

' tbi' damage he sustains in the loss of his house. And he shall be 

il according to their estimate. The same also in case a taro pond 

.»tuer property be damaged by the road. The owner shall be paid 

>»rdin^ to the estimate of the three men. 

^, If the road cut the various plantations alike or nearly so, and 

•^ not cut them so as to occasion much damage, but in such a man- 

r that the loss and gain too are mutual, then there shall be no dam- 

>*- paid for the loss of land by the roads. No man can refuse to 

v*- up his land for a road. The decision shall rest entirely with the 

(nimittee. 

4. If the chiefs are the persons who direct respecting the road, then 

f\ <hall pay the damages sustained by the road. If the road is 

:u\t' at the direction of uie people, then they shall pay the damages 

L^ained. 

This law was enacted on the 11th day of November, in the year of 

ir Lord 1810, at Lahaina, Maui. 

Kamehameha III. 

Kekauluohi. 

Chaftsr IX. — A law for the regiUaium of Hawaiian weights and measures. 

The weights and measures approved by the Hawaiian laws are those 
f Massacbosetts. The yard, tne gallon, the ton, and the pound are 
I) in accordance with tne weigbte and measures of Massachusetts. 
f weights and measures of anyone do not accord with these, they 
rv not apnroved by this law. 

Here foUows a full explanation: 

1. If anyone speaks of 1 foot, it shall be 12 inches; 1 yard, it shall be 

fnt; 1 fathom, it shall be 2 yards; 1 chain, it shall be 11 fathoms; 

furloDg, it shall be 10 chains; 1 mile, it shall be 8 furlongs. 

:'. If anyone speaks of 1 pound, it shall be 16 ounces; 1 quarter, it 
hall be 25pounas; 1 hundredweight, it shall be 4 quaiters; 1 ton, it 
hill be 20 hundredweight. 

The weights used in weighing heavy articles are those of Massa- 
hr*>>etts. 

t In measuring cloth and such like things, when one speaks of 1 
ail it >hall be 2i inches; 1 quarter yard, it shall be 4: nails; 1 yard, it 
lull be 4 quarters; 1 fathom, it shall be 2 yards; 1 pio, it shall be 3 

This measure also is like that of Massachusetts. 

4. In the measurement of liquids, when one speaks of 1 pint it shall 
i*.nIU; I quart, it shall be 2 pints; 1 gallon, it shall be 4 Quarts; 1 
I'^r^head, it shall be 63 gallons; 1 pipe, it shall be 2 hogsheads; 1 ton, 
t -hall be 2 pipes, or 252 gallons. 

The>eare the weights and measures adopted in this countiy; not 
tk»^ thoiie now usea in Great Britain, but like those formerly used 
t.viv. and now used in Massachusetts. 

•V If anyone uses weights or measures at variance with those men • 
tl-'oed above, and in consequence of such variance the one with whom 
'*y trades suffers loss, or if he uses them deceitfully, he has broken 
tbi< law and shall be dealt with as a thief. 

This law shall take effect on the 1st day of January, in the year of 
•Jiir Lord 1841. 



286 HAWAHAir INVESTIGATION. 

This law was enacted by the Nobles of these Hawaiian Islands 
this 12th day of November, in the year of our Lord 1840, at Uthai! 
Maui. 

Eahehameha ni 
Eekauluohi. 

Chapter X. — Of marriage and dwurce. 

From the time of Kaahumanu down, the laws which she establi.<' 
over the Kingdom in relation to marriage have been valid, and ti 
are still so at the present time. 

Her's were as follows: 

It is illegal for one man to have^two wives. 

It is illegal for one woman to have two husbands. 

A man can not cast oft his wife at his pleasure. 

A woman can not cast off her husband at her pleasure. 

If a man and woman are agreed to live together as man and wife, and the 
nothing in the way to render it illegal, then let them marry in accordance with 
Word of God. 

But those persons who are united according to the former customs of this com 
and are still living together, one man sind one woman, and there is nothing to n^i 
their union ill^al, their union is hereby confirmed anew in the same mamu 
those who are married. 

But from the present time all persons are prohibited from uniting togetlier aec 
ing to the former customs, it is proper to marry. 

Here also are some further explaiiations. 

If two persons wish to marry, it is not proper to act hastily, 
proceed cautiously, in order that one may become acquainted v 
the character of the other, lest difficulties arise after marriage. 

Furthermore, it is improper for an old woman to marry a boy, 
also for an old man to marry a girl, but it is peculiarly proper t 
their ages be near alike. 

Wherefore it shall be the duty of school-teachers and also of tl 
priests who solemnize marriages to instruct men and women in tl 
particulars. 

The following persons are prohibited from marriage: 

I. A bojr who has not arrived to 14 years of age. 

II. A girl who has not arrived to 12 years of age. 

lU. A man who has a wife living and has not obtained a wri 
divorce, together with the consent oi the governor for him to nn 
again, he snail not marry. 

IV. A woman whose husband is living and has not obtained a wri 
divorce, together with the consent of the governor for her to nw 
again, she shall not marry. 

V. A boy under the ago of 20 years can not marry without the 
sent of his parents, if they are living. So also a girl under the a*: 
18 years can not marry without the consent of her parents, if the) 
living. But if the parents criminally withhold their consent, then 
judges may institute an examination and decide whether the marr 
shall be solemnized or not. 

VI. It is taboo for a man to marrv the following relations: 

(1) His grandmother, (2) his grandfather's wife, (3^ his wife's gD 
mother, (4) his father's sister, (6) his mother's sister, (6) fat! 
brother's sister, (7) mother's brotner's wife, (8) wife's father's si.^ 
(9) wife's mother's sister, (10) mother, (11) father's wife, (12) w 



HAWAIIAN INYESTIOATIOK. 287 

Cher. (13) daughter, (14) wife's daughter, (15) son's wife, (16) sis- 
, (17) sod's oaughter, (18) daughter's daughter, (19) son's son's 
[e. iL'«0 daughter's son's wife, (21) husband's son's daughter, (22) 
4«od*8 diuighter's daughter, (23) brother's daughter, (24) sisters 
ijrhter, (25) brother's son^s wife, (26) sister's son s wife, (27) wife's 
;.iher'> daughter, (28) wife's sister's daughter. 
\ II. It u$ taboo for a woman to marry me following relations: 
\\ Her grandfather, (2^ her grandmothers husband, (3) her hus- 
ini'-grandfather,(4:) motners brother, (5) fathers brother, (6) father's 
urV husband, (7) mother's sister's husband, (<>) husband's father'^s 
i-iur. {^) hasband's mother's brother, (10) father, (11) mother's hus- 
ful . li') husband's father, (13) son, (14) husband's son, (15) daugh- 
'** hu'iband, (16) brother, (17) grandson, (18) son's daughter's 
^band. (19) daughter's daughter's husband, (20) husband's son's 
B. ii4) husband's daughter's son, (22) son's son, (23) sister's son, 
1 1 !Ti>ther s daughter's husband, (25) sister's daughter's husband. 

VIII. it is taboo for the following foreigners to intermarry with 
r- ivmaies of this archipelago, viz: All foreign deserters; they shall 

iiA. means marry a wife here. And hereafter no foreigner who 
! > here without the consent of the governor in writing shall be 
niiitted to marry. 

IX. No foreigner shall marry a wife here unless he first go before 
r L'overnor and declare under oath that it is his design to remain in 

• •untry, and also take the oath of allegiance to this Government 
il "••tain from the governor a certificate of marriage. 

X. No foreigner shall marry here unless he tii*st exhibit evidence 
:t \i*^ ha.s not a wife living in any other country, nor until he has 
'! 1 <d in these islands two mil years. And if anyone shall be guilty 
f lUhood at the time of his marriage and afterwards it appears that 
t::i^ a wife in some other countrv-, then all his property shall lie 

i/i aDd given to the wife whom he deceitfully married, and he shall 
drivtn out of the country. 

XI. These, and these onlv^ are the persons who shall solemnize 
irria;res in this country: Those priests who are living here in con- 
A'L*'\ with the laws of this country. And even they shall not do it 
d'i«'Qdentlv. Those who desire to be united in weiilock shall first 
> to the governor, or to his agent, and obtain a written assent to 
KT marriage, and then it shall be proper for the priest to solemnize 
f marriage. 

XII. Whoever solemnizes marriages shall keep a book where he 
l1 FH-oni the names of the persons whom he marries. On the last 
IT t'f Dei'eml)er of ever}' year every person who solemnizes mar- 
it:'^ shall give notice of the number of marriages which he has 
l-mnized during the year. And it shall be proper for the King at 
^ {'lea>ure to send a man to examine into the correctness of the 
n>nU kept by those who solemnize marriages. 

If SDVOQe disregard this and the eleventh section of this law, or if 
jobe >hall unite persons in marriage in a manner at variance with 
ly part of this law, he shall he fined flOO. 

or THS DCTIBB OF HUBBAKDe AXD WITBI, AJTD OF DIVORCE. 

It i^ the duty of all persons who are married in accordance with the 
r*of the laM to live in peace and observe the vows which they made 



288 HAWAIIAN INVESTIOATIOW. 

at the time of their marriage. But as for the persons who regard m 
their vows the following laws are for them: 

1. If one party conducts improperly and forsakes her husband < 
his wife, then they shall be brought to trial; and if it appears that t!i 
forsaking party was highly criminal, he shall be fined at the di5j<Teti< 
of the judges, but not more than $10. If desertion again take pkj 
after the fine, then the fine shall be doubled for each new de>(| 
tion, even to the farthest extent. But if the judges perceive thai 
woman is in special danger on account of the frequent assault^; of h] 
husband, it shall be proper to confine that man with irons, at the <i 
cretion of the judges ana in proportion to the danger of the wife. 

2. If a husband and his wife quarrel and one assault or beat t 
other, or do anything else by which a wound is inflicted, they sh 
then be brought to trial and punished according to the aggravation 
the offense, but more than otners who commit assaults. It they qii 
rel again after the trial, the punishment shall be doubled and ^\i 
continue to be doubled for each new offense, even to the farth 
extent. But if the judges perceive that the woman is in special dan 
on account of the frequent assaults of her husband, it shall be pm 
to confine that man in irons, at the discretion of the judges, prop 
tioned to the danger of his wife. 

8. If two married persons do not live happily together, but cjuai 
often and become famous for the same, and also disregard their ni 
riage vows, they shall then be brought to trial, and, being convictoc 
the charge as specified above, they shall both be confined in irt 
Thc3' shall be confined separately, not together, and shall be confi 
at night only, and in the morning shall be set at liberty, to go wl 
they please, but at night shall be confined again, and shall be conti 
every night until they cease quarreling. 

4. If the husband sail to a foreign country and she remains ( 
years without hearing of his being alive, nor anything respectint^ 
return, it shall then be proper for the woman to apply to the goverj 
who will give her a written permission to marry, after which she i 
marry another husband. But if her former husband returns he i> 
husband still; the new husband must be put away. 

5. If a man or woman be banished to another island for a pcrid 
four years or more, then he or she is dead in the estimation of the | 
and the innocent party may apply to the governor, who will ^i\ 
written permission to marry again, after which he or she may ni| 
another companion or not at pleasure. 

{). If anyone return from the place of his banishment and lin< 
companion married, the person so returned may make applicatid 
the governor, who will watch his character for one year, and if ho 
a moral hfe and is faultless then he shall receiv^e a certificati 
marriage, after which he may marry again. 

7. If a married i3erson be afflicted by an inconstancy of his <>i 
companion (who has been convicted of adultery), and on that luti 
his or her mind is made up to separate for life, then he or she 
apply to the governor, who will give a bill of divorce, after whic 
or she (the innocent party) may many again. But if the two pel 
are nearly of the same character, and it is not clear that one is il 
better than the other, then the governor shall refuse; they shall m 
divorced. If one is of unblemished character and his comps 
commits adultery, they and they only can be divorced. 



HAWAIIAN IKVESTIGATION. 289 

>. If a man become exceedingly angry with his wife or a woman 
ith her hiu$band, and the angry party attempts to take the life of the 
ther, and the judges perceive that the life of the innocent person is 
t^rlv in danger, then a bill of divorcement shall be given to the inno- 
»nt i)er^n, who may marry again. But the guilty person shall by no 
irAiis marry again until death. 

:'. If a man and his wife are separated for life, and have children, 
ut <lisa^ree in relation to the child or children, then the judges shall 
tn:uif the case and g^ive their support to the innocent party. 
This law shall go into effect on the 1st day of January, in the year 
f nur Lord 18^1, at all places on these Hawaiian Islands. 
Unving been enacted by the nobles we have hereunto set our names on 
^i-. Irrth day of November, in the year of our Liord 1840, at Lahaina, 
bui. 

EAMEHAlfEHA III. 

Kekauluohi. 

Chaptkr XI. — IjiwffjT the proUfiion of the Snbbath. 

It is a well-established fact that a nation can not enjov peace nor the 
ei>ple prossper unless they are taught in morals and religion. Where- 
m the Sabbath is of great importance; because on that da^^ the 
e«i|>le are extensively taught in those branches. If anyone interferes 
iib another in his observance of the day, or if anyone disturbs the 
like and quiet of the day, he is criminal; he does an injury to the 
u'>lio and to every individual who is seeking the greatest good* 
ib'^refore it is proper for the laws to give protection to the Sabbath, 
ti to all those who observe the day, lest anyone should interfere with 
rf ifreatej«t good of the land by making the day a nullity. Wherefore, 

i»' It enacts hy the King and n<Mes of the Hawaiian Islands in 

1. AH unnecessary worldly business is by this law prohibited from 
ein^^ done on that day. It is not proper to cultivate the ground, 
n^;rt* in fishing, to seek for wealth, or do anjrthing of the kind 
LnDetv>sarily. But works of necessity, which can not be done before 
^>r put off till after the Sabbath, together with works of mercy for 
be distressed, may be done. All other kinds of work are taboo. 
Vboeror violates this law shall be fined $1, and if he does it again he 
hall lie lined $2, and thus it shall be doubled for every repetition of 
fc' «>ffense even to the furthest extent 

t All worldly amusements and recreations and all plays are at 
"sriaDce with the quiet of the Sabbath if engaged in on that day; they 
i^ alM) at variance with the best interests of the Kingdom, and are 
n this law made taboo. Whoever violates this taboo shall be fined 

• 

!l: if he violates it a second time he shall be fined $2, and thus the fine 
bll he doubled for every repetition of the offense even to the furthest 
txt^nt. Whosoever shall give his sanction by standing and looking 
IB. he too has violated the Taw. 

3. All loud noise, and all wild running about of children, and all 
H'hvi which creates confusion in worshiping assemblies on the Sab< 
bth are an interference with the right of the good who are strict in 
tir ob?«rvance of the Sabbath. Wherefore they are taboo. W^ho- 
lo^ver violates this law shall be fined $1, and if he does it again be shall 

H I— PT 3—03 19 



290 HAWAUAN INVESTIGATION. 

be fined $2, and thus the fine shall be doubled for every repetition < 
the offense, eVen to the furthest extent. 

If the person committing the offense be below the age of 14 yean 
then he snail be examined m connection with his parents, and the pe 
son who is in fault shall pay the fine. 

4. This law shall ^o into execution on the 1st day of January. | 
the year of our Lord 1841, at all places in this archipelago. 

All the words of this law having been approved, we nave hereun 
set our names on this 13th day of November, in the year of our Loi 
1840, at Lahaina, Maui. 

Kamehameha 111 
Kekauluohi. 

Chapter XII. — A law prohibiting retnlingy m^earingy and ttiander. 

If any man is not respected and beloved it is a great misfortune' 
him; he can not enjoy peace and happiness when he is thought to }n 
bad man; nor can a man be happy, or well refrain from anger ev«»n 
sin, when one speaks to him in reviling language. Wherefore this h 
is passed for the protection of peopled good name. 

1. If one shall revile another with an evil intent, in order to mu 
him odious or angry, the person doing this shall suffer the sham*' 
irons', at the discretion of the judges, but not exceeding one mon 
So also shall the man be punished who swears at another wrth an v 
intent. 

2. If any one lie slanderously respecting another, with an evil iiiU 
or with anger, in order to involve an innocent person in diflBculty or 
order to put a good man to shame, or to bring upon a man the ant 
of others, or the anger of government, the man that does thus ^b 
be punished according to the aggravation of the offense. If the say j 
be perfectly false, the fine shall be large; if nearly true, thei-e ^l^ 
be no fine. If it be a mere mistake without any anger, there shall 
no tine. If the person slandering and the person slandered are N 
persons of distinction, the fine shall be large, but shall never amo^ 
to more than one-fourth of the criminal's property. But if the >1) 
derer be a poor man, he may be put to a hard labor, but the tiiiiesl| 
not exceed four months, and it may be less, according to the ma^ 
tude of the offense in the estimation of the judges. 

3. This law shall take effect on the 1st day of January, in the \\ 
of our Lord 1841, on all the places on these Hawaiian Islands. 

All the words of this law having been sanctioned, we hav^e hereui 
set our names this 14th day of November, in the year of our L*^ 
1840, at Lahaina, Maui. 

BESPECTING THE NEW MEETING OF THE NOBLES. 

On the 1st day of April, in the year 1841, the nobles met at Luael 
in Lahaina, according to the requirement of the constitution, i 
afterwards three persons came forward, appointed by the people, i 
joined the council of the nobles. 

At this council several altei^ations were made in the existing L 
and several new laws enacted. 

The changes in the old laws are as follows: 

1. Law of taxation. — In relation to all laws on taxation it is enac 
that whenever the governor shall perceive that any man suffers 



HAWAUAN IKVEdTIGATION. 291 

mat of the unjust bearing of a particular law it shall then be the 

r of the governor to free the man in accordance with strict justice, 

not enforce that pailicular phase of the law. 

. fffmr^i \rkt> vimat^ the law, — When a man is condemned to work 

the government according to law, the land agents may claim the 

>rof the men belonging to their lands on their working days. But 

U'^t way is for the man who has the charge of the public labor to 

p account of the lalior days which the land agent has a ri^ht to 

iDi. and then let the criminal first work the government portion of 

tiu)<\ and afterwards that of the land a^ent. 

;. lit timt ofjHi^ing taxift. — The followmg words shall l)e inserted 

L'hapter III, section 1, page 25: '^ From the 1st of October to the 

li»f l)ecember." 

\. oftMimt-nt laht^rtfrH. — ^Transient persons who -have regular dail}^ 

p|(tynient shall not go to the Tuesday lal)or of the King, but all 

rb'uiU persons who have not regular dailj' labor must go. 

;. ofshMtljixh. — From the eighth section of the third chapter of this 

r. which is found on thirty-eighth page, certain words shall be 

i^I. as follows: 

{ ii •iifficient <|uantitie:^ to fill two or moiv canoes, but n<it my nniall a quantity aa 
K ••LtM^anijeonly. 

Pat* transient shoal fish spoken of in this law are (1) the akule, (2) 
eaimeholo, (3) the alalauwa, (4) the uhukai, (5) the kawelea, (6) the 
«ukawa, (7) the kalaku. 

The>e kinds of fish shall l)e divided equally whenever they arrive 
th*-^ ij^lands or whenever they drift along. 

'.'. fffdutl^'x laid hy land agenU on the fi^h of the projfh\ — On the 
tb [lairr, chapter 3, section 8, read thus: ''The people of other lands 
x\\ irive to the landlord one-third of the fish thas taken on said land.''* 
r. of ptJJii'lahfr on rainy dayn. — If it I'ains much on the King's 
^>r (lay, so as to darken the heavens, then it shall U* improper to 
^i r; let the lalK)r cease as the amount of rain shall ri»<juire, at the 
ii.;:^ los^i, or the land agent's, as the case may lie. But if the rain 
iriflinjc, such as not to interfere with lal)or, then it shall continue 
iiionlv those who are weak and l)enumlK?d shall return. But if the 
^>\\v^ prefer to leave the work entirely and work on one of their own 
i;N that, too, shall l>e proper. 

*. ofhirgefamiluin. — If any tenant of a land have a number of 
'-jivn. so that he is freed from taxation, then his landlord shall not 
fi-atied onto pay on his account The taxes shall be diminished 
jci»nlin^ to the numl>er of working men. 

'*. of tht punishment of fi%hermen. — In the third chapter, eighth 
rtin. page 37, the following words are erased: "For two years he 
Ul not foh at all on any fishing ground.'^ The following words shall 
|K) \^ in^^rted in their place: 

\\y. take one fish criminally he shall pay five, and always at that rate. And if a 
:^11 lie taken five canoes roll shall be paid, according to the amount taken, even 
tarthert extent. 

Of uodtlplyinq land agents. — In the third chapter, ninth s<»c- 
\a{re 3J», the following words shall Ix? insert<*d: "And thi'ir land 
k" It will then read thus: 

y-^i he the daty of those to whom the King gives huvl, and also of their land 
i>. t<i «ee that they do not establish, etc. 



292 HAWAIIAN IKVESTIGATIOir. 

11, Of the tax for the year ISJ^l. — The following is the land tax I 
the year 1841, and is published for the information of the tax offio 
and of the people universally: 

1. Money is the standard by which all taxes and assessments an' 
be estimated, and it would be very well if all men would pay ti 
taxes in money. 

2. Kukui nuts are valuable property. In places where the ku 
nuts abound the tax shall be in those, according to the seize of 
laud so the tax shall be apportioned out. The price shall Ije a do 
and a half per barrel. Six barrels and two-thirds will be ecfual t 
fathom swine. 

3. Arrowroot is valuable property. Where arrowroot is al) 
dant the taxes shall be taken in arrowroot. And the tax slmll 
proportioned to the seize of the land. The price shall t>e the saiiK 
that of live pork — that is, three cents per pound. Three hundred 
thirty-three pounds are equal to a fatnom swine. 

4. Turmerick is also a valuable article. Where turmerick is al 
dant the taxes shall be in that. The price by the pound shall bo s 
as that of arrowroot. 

5. Where none of these kinds of property can be obtained, and 
are abundant, there the tax shall be laid in fish, and shall be in i 
portion to what the tax of the land would be in money. If tho 1 
would be taxed a fathom swine, then there sh&U be an amount of 
equal in value to ten dollars. 

6. If none of the articles mentioned above can be obtained, then 
tax oflScer shall ascertain whether there be any other article of a ti 
value, but if the people possess no such article, then swine will 
taken. 

7. Furthermore, every man shall carry his taxes to a place suit 
for vessels to go and receive them, to such place, too, as the tax oJ 
shall appoint. 

These taxes are confined to the present year, but if found to Tie .sr 
ble will be continued, but if not will be abandoned. 

12, Of art ides on the m ou7i tains wh ich are taboo, — In the th i rd e 
ter, section 20, on page 53, the following words shall be inserted: 

But the Ohia Lehua which one man can clasp shall not he tabooe<l. All pe 
shall have a ri^ht to take it. Nor shall there l)e any taboo on those things wbi< 
lying on the top of the ground, nor on the fruit on the trees or roots growing ii 
ground. It shall be improper for the konohiki to taboo any other article e 
timber. 

IS, Of those who are absent on the labor days, — In the third cha] 
third section, on pa^ 29, certain words are erased, and certain c 
shall be inserted. The following words shall be erased: "Twc 
five cents," and the words inserted shall be "one rial," and 
" land agents and oflicers shall not refuse that price." It will then 
as follows: 

He that gives previous notice shall pay one rial, and the land agents an<l ol 
shall not refuse that price. 

H, Of the. interchanije of labor weeks, — The nobles have agreed 
the people shall labor on two weeks for the King and land agents, 
it be agreed that those two weeks shall be in succession, it is w<*ll. 
if it be agreed to work on one and pass one, or to exchange, thi 
also well. 



HAWAIIAN INVE8naA.TIOK, 293 

15. Of cursing. — In the twelfth chapter, at the end of the tirst 
ctioD, on page 81, the following words shall be inserted: 

pBt if the criminal chooae to pay a fine in money or other property, and so escape 
Ls it is well, though in that respect it shall be as he can a^ree with the one whom 
c!ir>«e<l the judges also seeing that there is a due proportion between the crime 

i }<aiudhinent 

16. Of the people who work on the labor days. — ^The following words 
e inserted in the third section, on page 29: 

f^t if a inan po abroad, and the labor day of the Kinfi: or Kingdom arrives, if the 
!£2^r labor, it shall then be the duty of the tax officer to give him a certificate, 
. then be shall not be required to work again when he returns to his own place. 



r 
if 



Of the tithe of the property obtained on the labor days of the 
^./<.— The following words shall be inserted at the end of the 

rbt^nth section, on page 62: 

» 
fhe tax officers shall take the property to the King. 

K Ofnew-hom children. — When a child is born, then the father or 
e mother shall inform the tax officer, who shall record in a table the 
ime of the child, the name of the parents, name of the land, the day, 
t month, and the year that the child was born. 
If neither the father nor mother give this notice, then those parents 
^ guilty of an impropriety. He snail not be freed from labor on the 
bor days, even if ne nave a nmnber of children. 
Vk Ofjwlges tcTiO are guilty of i/iiiustice. — If a judge be guilty of 
al Diisconduct, and with a criminal design, and punish a man unjustly, 
r M^t a guilty man at liberty, or if he do this on account of prejudice, 
f >hall then be brought to trial before the supreme judges, and when 
>Dvicted he shall cease to be a judge, nor shall he receive any pay for 
ttt year in which he committed the offense. 
'X*. Of those persons who refuse to comply with the sentence of the 

t 'j».— Whatever persons are condemned by the judges to pay a fine 
r to labor, if they refuse obedience to the sentence of the judge, then 
n»ri- are the consequence or a rope; let him be pei'fectly fast until he 
ield as^nt to the decision. But if the criminal give notice of his 
Dtention to appeal to the governor or to the supreme judges, it shall 
le pn)per for nim to do so. He shall not be confined; let him appeal. 
But if the governor try him anew, or the supreme judges, and fina the 
uan really guilty, according to the previous sentence, then the punish- 
Beut s^hall be increased. 

If the fine were $10, then $1 more shall be added. If the punish* 
nent wore two months' hard labor, then the time shall be lengthened 
i\(' davs. And in that proportion shall the punishment of all persons 
\v iiureased who appeal without grounds. 

II iff the protection of the fisheries. — ^The following words are to 
\*' iiwerted in the eighth section of the third chapter, on pa*:fe 88: 

"Hii* gi'iieral tax officer may lay a protective taboo on the King's fish, and also on 
ih >-» nf the land agents, but the land agents and the King also may eat of their own 
tA\ tabooed by themselves even before the taboo of the tax officer is repeal(*d. 

^L Of taxing vnf urn ished lands. — In the third chapter, section 2, 
the following words shall be inserted: 

If the tax officer perceive that the land is unfurnished, having but few men, then 
:t?ha)l he his duty to diminish the taxation in a due proportion. He shall not look 
i: tli<' eize of tiie land merely, nor at the number of men onlvt but shall look at 
t'^h toeether, and aaaeaB the tax justly, that the burdens of all the people may be 

'ij'le alike. 



294 HAWAHAN IlfVBSTIOATIOl*. 

£3. Of dispensing with labor days, — In the third chapter, third se 
tion, on page 30, the following words shall be inserted: 

If the Kine chooee to dispense with the labor of the people at any particular pb 
on the islaniSn, and instead thereof to lay a regular tax on the people, it is proji^r 
do so, bat the tax shall not exceed $4. 50* each man, according as is mentioned m t 
law. And if any man be taxed according to this permission, and he do not \rA\ 
he shall then be required to work the full number of days he has miased, an^l i 
same also with the land agents. 

^4- Oftlie enaction of new laws. — ^The constitution declares that: 

No new law shall be enacted without the consent of the majority of the \\^^\i^ 
nobles and representatives. That is well, as the chiefs believe, but here b^ a Ir 
further explanation. 

**If His Majesty, the King, the premier, and the nobles resident near perceive i 
particular evil, and on that account think best to pass a new law, thev may d<> it, i 
that law shall stand until the next meeting of the legislature, when ft shall be at 
option of the nobles and representatives to confirm or annul if 

All the words of these twenty-four divisions having been appro\ 
by the nobles and the representatives, we hereby confirm the ^w 
and subscribe our names this 31st day of May, in the year of i 
Lord 1841, at Lahaina, Maui. 

Kamehameha III 
Kekauluohi. 

(^Jhapter XIII. — Law reitpecling tfie running of hor^s. 

Whereas at the present time certain persons are in the habit 
running horses in some of the large villages of these Hawaiian Islun 
and whereas children, and sometimes parents, too, are ondanjjr 
thereb}^ and even life itself put to hazard; and whereas no l)eni 
arises from such practice: Therefore, the nobles and house of ref 
sentatives in council assembled have agreed to all the words of t 
law. 

1. By this law'is prohibited all running or swift riding of horsci 
roads, streets, and all avenues in villages, and also in all place:" 
assembly or public resort, and in all places where the traveling is ab 
dant. Whoever violates this law, or does that which is forbiddei 
this section, shall be brought to tilal, and on conviction thereof 
shall be fined $5, one-fourth to the complainant and three-fourths 
the Government, and the criminal shall also pay all damages sustai 
by any individual by his swift riding. The only places for rune 
are off at a distance where people are not traveling. 

2. Furthermore, all persons riding on horse hacK or in a carriag 
streets where people are traveling shall ride in or near the middl 
the street, in order that persons on the side of the streets mav v 
safely. Whosoever violates this law by design, or with an evil in 
tion, and thereby brings a person into difficulty or inflicts an inji 
that man shall be brought to trial, and on conviction shall be fined 
one-fourth to the complainant and three-fourths to the Govemmei 

3. It is also taboo to train and teach wild and untrained horse 
the streets where men are traveling. It is also taboo for men to ass 
ble and ride for pleasure, a number together in villages, or wl 
large numbers are walking and attending to their lawful busin 
Whosoever violates the prohibitions of this section shall be fined, 
conviction thereof, $6, one-fourth to the complainant and three-foui 
to the Government. He shbll also pay all the damages which any 
may have sustained by his fault. 



HAWAIIAV nrTESTIGAnON. 295 

4. It is also taboo to set at liberty wild cattle, or pennit them to 00 
large, or eveo to lead them carefully id the streets of a riliage or 
I any place of public resort. Whoever shall do thus in violadon of 
li^ law shall pay for all the loss or damage which anyone may :^u»tain 
k him, and shall moreover pay a fine of $5, one-foorth to the cocn- 
tiiiiant and three-fourths to the Government. 

:». Whosoever is punished for a breach of this law, or any prohiVn- 
>m of any section thereof, and shall afterward commit the same 
:ft'!i«e again, his fine shall be doubled, and it ^hall continue to be 
.T.MtHi for every repetition of the offen.se, even to the furthe:*t extent. 
Whenever this law is proclaimed in any village or district, the day 
f its proclamation shall be the day of its taking effect in that place. 
lut even if it be not proclaimed it shall take effect at all places on 
[ '^^ Hawaiian Islands on the 1st day of SeptemVjer of the pre^nt 
'ir. 

.Vll the words of this law having the assent of the nobles and r*- pre- 
^itatives in council, we have hereunto set our name^ at l^haina. 
daui, on this :Mh day of April in the vear of our Lord 1>41. 

III. 



KEKikULUOHI. 

Chapter XIV. — .-I imr rt.*ftt^h o WiiV ^r,. j v/'-<*. 

W!ii*reas there is at the pre4=ient time a <-r»n^idenible num^ier of peo- 

;• '.N rit» are greatly annoyed by having their cattle htfld in « onnrj^'m^-nt 

■^ :ri »ut cause; and whereas the former laws of thi-* r-i^untry apitli^-a- 

l^- to mischievous beasts were unjust: and whereas' ^'iiie of th».' farm- 

-r- ai>* greatly annoyed by having their vewtabl»--i d»'^T:'»y*-i: and 

•-•■nit- there are many mischievous cattle: Therefore, in a c^n: ncil r-om- 
;■•-♦' 1 of His Majesty, the suljordinate nobles, and the repie-?*-riiative», 
J! t.ip words of the following law were apprr>ved: 

1. In all places where there is a considerable amount of ciiltivation 
it -ball be illegal for beasts to go at large, unless tt.e cuii: vaterl grounds 
^^• int K^sed by a fence. If beasts are permitted to <:o at lai j^- in ^u<h 
.i'»<. and a bea«*t destroy the food of any per-^»n. t:i«-n t:j»* owner of 
• .' :iriimal shall pay the owner of the food for al I t!je ifxA tnu* '^--t roved. 
"-if the animal were confined, but broke away from hw eorinm-ment 
'.'-i le-troyed food, the owner of the animul ^fiall \r^y a- avxive. 

1 Id those places where the cultivated gnjund-^ are ^urrouriied by 
if* T,(-e animals may goat large, but if any animal Jw ri^iiy mi-^nievous 
:: i ^r»ak away the fence or jump over it. then the own*^rof tne animal 
^ : 1 ittv according to the amount of fo<:Kl di'^tr<>y«-d and the jr^^s ?»us- 
-. ■ •'-1 by the injured person. But goat> and >heep ^iiall not U* per- 
'. *:»nl to go at large at all in the vicinity of cult!vat«'d ground-*. J^ecau-^ 
*:• V wfll not be confined by a fence: they will overleap it. Wherefore 
1 1> taboo for them to go at large in the vicinity of cultivated ground'*. 

^. if the fence become rotten, or if an adolje or stone fence fall 
: wn, by which means the cultivated grounds t>ecome exposed, then 
". animal, not being in fault and not being of a mischievous character, 
»iiil pay no fine. But if it was generally known that the fence was 
:«v.r and out of repair, and on that account mo^t of the people con- 
::^i their animals, or if the officer had pro<-laimed that people must 
tkhf- care of their animals, and some one refused or neglected to take 
c^^ of his, then he shall pay all damages done by his animals. 



296 HAWAIIAN INVBSTIGATIOir. 

4. But the best coarse is, when it is perceived that the fence is defect 
ive, for the oflScer to repair it immediately. In majdn^ fencers th 
labor shall be done on the labor days of the King, the lana agents, am 
the people. They shall work twelve days in the month until the f enc 
is finished, for it is not made for the benefit of the nobles only, but f o 
the people also. But transient laborers shall not work unless they fee 
cattle. 

5. Furthermore, in making public fences, those who own cattle am 
horses shall do more than those who do not. Five cattle shall be cot 
sidered eq^usA to one man, and in making fence if the officer think be^ 
to divide it into portions he shall have a right to do so, and it woul< 
be especially proper to give a separate portion to him that has cattle 
But tne estimate for cattle and norses shall be as mentioned above 
though if they are tied by ropes or feed in a separate pasture such ani 
mal snail not be counted. 

6. If an animal stray away into the cultivated grounds of a man oi 
into his inclosure, it shall be proper for the owner of the ground t^ 
seize the animal and kindly return him to the owner, or if not, tbet 
give information that the animal is confined, in order that the ownei 
may come for him. But if any one unnecessarily hold the animal oi 
another in confinement and do not restore him nor consent to the ownen 
taking him away, or if he do not give notice of the confinement, bul 
retains the animal secretlv, then the man who seized the animal shall 
pay all damage sustained bv the owner. 

7. If an animal be seized, and it is not known to whom he belon^'s^ 
then the man shall take care of the animal for one month, feeding hin) 
well, making diligent inquiry whose the property is, but if the owner 
do not appear ana is not ncard of, the man who seized the animal may 
then act nis pleasure and his will, but he shall make his seizure of the 
animal public, that it may be extensively heard of. If he conceal it, hei 
is like a thief, but if he make it public and it is not called for he is 
then faultless. If the owner appear after the end of the month spoken 
of above, he shall pay the man who has taken care of the animal lor ail 
his labor, and take him awaj. 

8. If the owner of the animal and the person who seized him do not 
agree, then the judges shall decide the c^se. But the animal shall lie 
restored immediately, and the judges decide respecting the payment 
according to principles laid down above. 

9. All those words are applicable both to house and yards and 
inclosed plantations, but if the gate of the inclosure be left open, then 
the animal is not in fault for entering. If a man leave the gate of his 
inclosure open for the purpose of enticing animals to enter, or if he 
go for the animals of another and drives them in or entices. them to 
enter, and afterwards make application for damages, he shall 1m? 
brought to trial therefor, and on being convicted thereof shall be pun- 
isheaas a thief, thus: If he appW for $1 he shall be fined $4; if he 
apply for $2 he shall be fined f 8, and this shall be the rate of fine for 
all who make such criminal application for damages when the animals 
have committed no fault. 

10. If an animal be tied by a rope and anyone goes in a criminal 
manner and loosens it or pulls up the stake, ne then shall pay to the 
owner of the animal all the damage sustained by him, and shall pay 
foi all damages done by the animal, and shall pay a fine of $5. 



HAWAIIAN nmSSTIGATION. 297 

11. Oatde and horses shall not ^o at large in streets of villages 

^here there are many people traveling, nor shall they be tied there 

\*r feeding, and when travelers tie their horses in the streets it shall 

•* done only on the side of the street and with a short rope; it is not 

r-roper in the middle of the sti-eet where people are traveling. 

li. Even if a man^s animal do crmiinally enter the inclosure of 
mother, it shall be illegal for the owner of the inclosure to take the 
!ife of the animal or mflict any wound or break his bones. The 
riroper coarse is to seize the animal and confine him, but not kill him. 
!f one kill another's beast or inflict a wound upon him with a criminal 
:rtent« he shall pay all damage sustained by tne owner of the animal. 
Rut if in seizing the animal he be wounded, or die, and is not killed 
outright, the man having no design of doing an injury, then he is not 
-riminaL 

13. These requisitions are applicable to all animals: Whatever ani- 
!n&] he be that criminally enters another's premises to do mischief, the 
u^nor of the animal shall pay according tne amount of the mischief. 
!f it be a cat or a dog the law applies to them and to all animals; 
xUi to dogs who go about from puice to place destroying domestic 
mimab in €he field. The owner of the dog shall pay the damage. 

14. Furthermore, if a man be traveling m the street or in any other 
plare where it is proper for men to go and a dog, shall pay the injured 
\*-:>*m according to the amount of the injury. But if a man secretly 

r:t*T another^s premises in the night and be bitten, then the owner of 
*h»' dog is not in fault; he shall pay no damage. 

l.'i. If a man be riding in the highway, it is improper for dogs to 
^in out and bark at the liorse, lest the horse start and the man fall. 
rbf dog which is often known to do so shall suffer death. And if a 
.' -j: lArk at a horse and the horse, being afraid, start or run and the 
(lUiD falK then the owner of the dog shall pay the man who fell. If 
L*' wrre much injured, the pay shall be considerable; the judges shall 

• ^tiiuate the damages. If this law be proclaimed in any vUlage or 
: strict, the day of its proclamation shall be the day that tne law shall 
raK»» effect in that place, but even if it be not proclaimed it shall, nev- 
' rtbt'less, take effe4*t at all places on these Hawaiian Islands on the 1st 
.:»>' of September of the present year. 

All the words of this law having i-eceived the approbation of the 
' t'tlrs and representatives, we have hereunto set our names, at Lahaina, 
tbi^ rf:^ day of April, in the year of our Lord 18-11. 

Kamehameha UI. 
Kekauluohi. 

Chaftkr XV. — A Imv rewpecling domestics, servants, and hired men. 

Th<*re is a certain class of persons who make it an important business 
•• •ngage in the service of others. That is a perfectly honorable busi- 

■ ••* if conducted right. But if conducted wrong, evil arises. Where- 
' ft* the nobles and representatives, in considering the subject, have 
' . >u«rht well to give protection to that class, and b^^ mutual counsel 
-1*. •' established tnis law: 

1. It shall be legal for every man to choose his place of residence at 

^ own will, and let himself if he choose to do so. If a man make a 

* r.viiiuH agreement with the person whom he serves, then that agree- 
oirut becomes a bargain and snail be fulfilled like all other bargains. 



298 HAWAIIAN INVESTIGATION. 

2. If one man live as a domestic with another engaging in hi^ se 
ice, but without any other reward than his board and clothing, as I 
been a common custom in this country, such a course is legal and is i 
forbidden by this law. But herein is the evil. If a man live thus 
a length of time and then be taken sick, or suffer some misfortune, 
if he become feeble with age, it is then illegal for his master to di^m 
him or send him faultless away. Whoever does this shall be brouj 
to trial, and shall pay his servant whom he sent away such amount 
the judges on examination of the subject shall think the misfortune 
the servant demands. 

3. If one man live as the servant of another, as is a common vi 
and a common practice among the people, and his master assign hi 
particular job of work, it shall be his duty to do it well, carefully repi 
mg the charge of his master in all that he properly said to him; an(i 
he do not thus, or if he conduct mischievously, he shall be fined in \ 
portion to the damage sustained by his master through his dlsivd 
of his charge. 

4. If one man live with another as his servant for a length of ti^ 
according to the common custom of the country, it shall not Ih' i«>| 
for the master to dismiss him without giving him previow^ notice, t 
shall it be legal for him to leave his master without giving him previa 
notice, lest one or the other suffer an inconvenience. Previous no 
must be given. Whosoever violates this law shall be brought to t 
and be hned lu'cording to the damage sustained by him on whom 
inflicted it. 

6. If a man suffer want in consequence of not obtaining a sufficici 
of food, and on that account does not perform the labor assigned I 
by his master, that servant is not in fault. He, however, should jj 
immediate notice that his master may know it. But the l>cst waj 
all is to take a definite bargain in the first place, and that will pre\ 
subseauent difficulties. 

If tnis law be proclaimed in any village or district, the day of 
proclamation shall be the day of it taking effect in that place; but c 
if it be not proclaimed, it shall nevertheless tjike effect on all placei 
these Hawaiian Islands on the 1st day of September of the present y 

All the words of this law having received the approbation of 
nobles and representative body, we have hereunto set our namei 
this 20th day of April, in the year of our Lord 1841, at Lahaina, M 

Kamehameha II 
Kekauluohi. 

Chapter XVI. — Ixiw respecting debts and usury. 

When men are trading with each other, it often occurs that 
receives the proj)erty of another without paying for it immodial 
In the estimation of this law, it is not well to run in debt, thoujjh 
not made absolutely^ taboo, for a man might sometimes be in i 
straitened circumstances could he not run in debt, wherefore this 
tective law is established. 

1. If two persons engage in a commercial transaction, or ti 
together and one runs in ^ebt to the other, and they make a defi 
agi'eement respecting the debt, then payment shall be'made at the 1 
agreed upon. But if the debt be not canceled, then interest shnl 
l>aid at the rate of 1 per cent per month; and this shall be the nit 



Bawauan investigation. 299 

Jltere^t for all debts that are canceled at the time agreed upon. This 
:H|uiremeDt applien to common trade and to accounts which have not 
Un- Hi^rnature or the debtor. But notes of hand having the signature 
d the debtor shall be interpreted according to the purport of the 
ao^uage contained in it. If the note specify that interest shall be 
pud, then it shall be so. But if the note do not mention interest, then 
ihf IV shall be no interest unless there be mentioned a particular time 
f>r |«vment, and that expire without the debt's being canceled, after 
vhii'h interest shall be paid as mentioned above. 

:i. Debts of promise, or accounts not having the si^ature of the 
•i^f^<or. if they are not canceled within a year from the time that inter- 
*< commenced on them, shall he put into notes having the signature 
■>f the debtor. In the note the rate of interest shall be mentioned 
yTi>rding to their mutual agreement; the law does not specify in such 
51 «u^. And if there be no note given with the name of the debtor, 
tlwn there shall be no interest after the first year. But if the debtor 
>i\L^ or be absent, and on that account no note be given, then the 
Milire shall lie notified thereof, and from the time the judge receives 
til** notice interest may be be required. 

If this law be proc*laimed in any village or district, then the day of 
t<« prDclamation shall be the day on which the law shall take effect at 
tiuit plaice. But even if it be not proclaimed it shall nevertheless take 
"ifH't at all places on these Hawaiian Islands on the 1st day of Septem- 
>r <»f the present year. 

This Uw having received the approbation of the nobles and repre- 
^•ntative body, we have hereunto set our names this 26th day of 
A|)riK in the year of our Lord 1841, at Lahaina, Maui. 

Kamehameha III. 
Kekauluohi. 

Chapter XVII. — VagmrUlaws. 

Indolence is a crime involving the best interests of the State. Even 
'■• tb<' daiys of old it was considered a crime, and at the present time 
•t !• perfectly clear that it is a misdemeanor. Those who live without 
i'x^r live in direct disobedience to the commands of God and in dis- 
'■'irardof the opinions of mankind. Wherefore in a council of the 
•:■ flit's and representative body this law was passed: 

1. If a man be often seen running about or sitting idly without 

I'-or or devoted to play and folly, he shall be taken before the judge, 

«'•! if he can not bring evidence that he labors suflSciently to pay for 

'•> Inmrd and clothing he shall then be put to hard labor for three 

ii'Hiths*. 

2. If he be again seen living m the same idle manner after he had 
••«n iHinLshedi then he shall be put to hard labor for one year. 

•'• If a man live in idleness because he have no land, then his dcsti- 
*ith»n shall l)e examined into, and if he be faultless he shall not be 

'u>hed. But land shall be given him as the law requires. 

By this law men and boys are forbidden to run In crowds after new 
*i..njjH. Whosoever does this in an mdecent manner shall be punished 
''*" ^< He Hhall be taken to the house of confinement and remain till he 
\\\ h rial and be set at liberty. The same also with those who obey 
' X tlie police officer when he proclaims a prohibition. 



300 HAWAHAN INVESTIGATION. 

It shall therefore be the duty of the police officers to watch caref t) 
around the markets and places of public resort, that they may di>t»oj 
who they are who crowa after strangers, for these are incTolent \ 
lazy persons. Let them be taken before the judges and tried, j 
when convicted let them be punished according to tne requirement 
this law. 

If this law be proclaimed in any village or district, the day of 
proclamation shsul be the day of its taking effect at that place: 
even if it be not proclaimed, it shall nevertheless take effect on th<* 
day of September of the present year at all places on these Hawa 
Islands. 

This law having received the approbation of the nobles and re 
sentative body, we have hereunto set our names this 23d day of A| 
in the year of our Lord 1841, at Lahaina, Maui. 

Kamehameha III 
Eekaulughi. 

Chapter XVIII. — Law respecting apprenticeship. 

It is a business of profit and beneficial to the country for men i 
children to learn the various handy crafts and new kinds of busiij 
and profitable trades, which relieve general necessity. It is therei 
well for the parent to give up his child to learn such" handy crafts, i 
it is well, too, for the man of mature years to go of his own accord \ 
learn the same. As the nobles and representative body have refle^ 
on the subject, they have thought proper to give such pjersons the | 
tection of law, and have therefore agreed to the following ediKs: 

1. If a parent wish to give up his child to learn a trade, it is i 
for the parent and the teacher or his child to agree together in writj 
and let it be specified in the writing how many years the child s) 
learn, how he shall live, and what shall be the pay. 

2. If the child be indolent and disregard the directions of his mai 
or neglect the business or conduct badTv, the child shall be brought 
trial, and if it appear that he has conducted as above, or has viola 
the mutual written agreement, then the child shall pay all damage -I 
tained by his master. He shall pay it in labor, and the time he si 
labor shall be proportioned to the damage, to be decided bv 
judges. 

3. The same also of the teacher of the child; if he conduct impr 
erly, or do not teach the child according to the agreement, or i| 
violate that agreement, then he shall pay all damage sustained by 
child or parent, to be decided by the judges. 

If this law be proclaimed in any village or district, then the dat 
its proclamation shall be the day of its &king effect at that place; 1 
even if it be not proclaimed, it shall nevertheless take effect on the 
day of September of the present year at all places on these Hawai 
Islands. 

All the words of this law having been approved by the nobles a 
representative body, we have hereunto set our names on this 17th d 
of May, in the year of our Lord 1841, at Lahaina, Maui. 

Eamehameha III 
Kekactluohi. 



HAWAIIAN HfVESTIGATIOK. SOI 

Chaftkr XIX. — Lcgw respec U ng loM omf found goods. 

Men often suffer misfortunes without any fault of theirs, wherefore 
[ ^ pn>per for the law to aid those who are thus unfortunate. All 
ii>ft>rtunes!i which the law can relieve it should relieve. If a man^s 
rx^perty be lost without his knowledge, it is well for the law to fur- 
:jh the means of obtaining it. And if one find the lost property of 
nulh*»r, it is well for the law to specify the course of procedure, lest 
fi.Te >hould be difficulty. Wherefore, in a council of the nobles and 
» preventative Ixxiy all the words of this law were approved. 

1. If a man^s money fall in the street or in any otner place and is 
i-t, it is well for the owner of the property to proclaim it, or publish 
t in writing, or make it so public that it may oe extensively known 
'liX be has lost his property. If the property should be of much 
alue. it would be well to publish it in the newspaper, if there be one 
krinted. 

L\ If it be proclaimed that the property is lost, or made public so 
bt the people extensively hear of it, and one find the lost property 
j)d i-oDceal it without making it known, he violates this law; and when 
li^ i-onduct is known, he shall pay the owner of the property an 
mount equal in value to the property which he found. If he found 

ik>llar« he shall pay another dollar besides the briginaU which shall 
K' restored. One-half of the fine shall go to the Government^ but 
i<»De of the principal. 

8. If one finds lost property, he ought to restore it as soon as he 
f-ums whose it is. And if he do not know the owner of the property, 
[lako proclamation and tell it abroad, that men may extensively hear 
t. It anyone does like this, then the owner of the property shall 
v'liard him according to the amount restored. If their opinions are 
ijilikt^ and do not agree, then the judges shall decide between them, 
kut the reward shall not exceed one-third of the property restored 
irl >hall be less if the judges consider it proper. 

4. If a canoe go to sea and swamp, and is deserted, and afterward 
^hv find it^ he shall be rewarded as above and the canoe be restored. 
tut if he obtained it with difficulty, the reward may be greater, in the 
li-4Tetion of the judges. 

5. If one see another's beast straying away, or destroying another's 
'*'A, It shall be his dutv to restore the oeast or confine him and inform 
t).' (»wDer, and he shall pay the man who restored him the full amount 
if \[\< labor. 

H. If anv property drift on shore, the owner not being known, as 
imivr, fish, or any other property, if it be very valuable, one-half 
hall Mong to the King ana the other half to him who obtained it, but 
h»t so if it be of little value. 

If this law be proclaimed in any village or district, then the day of 
t^ proclamation shall be the day of its taking effect in that place; but 
\*'U if it be not proclaimed, it shall nevertheless take effect on the 1st 
lay of September of the present year at all places on these Hawaiian 
Mands. 

All the words of this law having been approved by the nobles and 
"[>n*M?ntative body, we have hereunto set our names on this 17th day 
f May, in the year of our Lord 1841, at Lahaina, Maui. 

Kamehameha III. 
Kekauluohi. 



I 



302 HAWAHAN INVE8TIGATIOW. 

Chapter XX. — Law reapeding property in tnuL 

Men, as they live and labor together, often commit projierty to i 
other's care. Some men, too, obtain their living and their wealtl 
taking care of the property of others. Inasmuch as there is a II 
amount of property committed to the charge of others, that prop 
should be protected, by the laws of the Kingdom; therefore, in a coj 
of the nobles and representative body, the following law was appnj 

!• If one man commits his property to the charge of another^ 
he receive it, he shall take care oi it according to tneir mutual a^ 
ment; but if there were no agreement, he shall take care of it iui 
ing to the custom of all faithful persons. And the owner o< 
roperty shall pay him according to tneir mutual agreement; or if 
id not agree, he shall pay according to the common custom of | 
business. 

2. If one take the property of another in charge and do not take 
of it according to agreement, he shall then pay all damage susta 
by the owner of the property. And even if tney did not agree h(* i 
do as specified above. This law applies to all kinds of propert}- 
land, canoes, animals, and property of every kind. 

3. If one man borrow tools of another, or cattle, or a horse, or i 
thing else, and agree to return them when a mrticular specified v 
is done, then thev shall do as they agreed. But if the tool or ani 
were injured in the hands of the borrower, he shall pay all the dan 
sustained by the owner of the property. If anyone borrow any 
or any article of another and do not return it at the specified tinl 
at the proper time for returning it, and on that account the owner 
f er loss, then he who retains the property or does not take prop(»r 
of it shall pay all the damage sustained by the owner. 

If the property be destroyed or injured by the providence of (\ 
as b}" fire, the overturning of a vessel, a strong wind, or the like, I 
the man shall not pay damages; he shall pay damages only for his 
fault. 

If this law be proclaimed in any village or district, then the da 
its proclamation shall be the day on which the law shall take effe< 
that place. But even if it be not proclaimed it shall nevertheless I 
effect on the 1st day of September of the present year, at all pi 
on these Hawaiian Islands. 

All the words in this law having received the approbation of 
nobles and representative body, we have hereunto set our nanie:i 
this 23d day of April in the year of our Lord 1841, at Lahaina, M 

Kamehameha II 
Kekauluohi. 

Chapter XXI. — Law respecting parental duties. 

It is a great misfortune to children not to be well taken care of, 
is the misfortune theirs only, the nation also suflFers, for before ini 
years the parents will all be gone, and all the business will 
devolved upon the children, not merely the business of huslmndrv, 
that of government also. Wherefore this is a matter of great ini|l 
tance, and it is well for parents to reflect and take care of their child 
and enlighten them. It is well for the law also to aid the parentis 



HAWAILAN IHYXSnGAnOH. SOS 

V' ? ture of their children, wherefore in a cooncil of the Dc»r»l4Bs %ad 

- -^ntative bodv^ the words of this law were mpfproTtd. 

. Parents and they only have the directioD of Uieir children mitb- 
;'. interference from others. If anyone interfere with them in l> ir 
Lf^vn^ment of their children, the law shall aid them acd pcin>£. Lin. 
ii interferes according to the ag^giavation of the otfeose. in the esti- 
i^-n of the judges. 
J If parents wish to commit their child to the care of an<xher. it i> 

. for them to go before an officer and make their a^rreeiDeDt in 
r'in^. and he being a witness to the correctno^ of the trui-a«.-t: -a« 
k : -iirning his name as such, the writing shall be l«r^L If there "t^ 

» riting or no officer sign hLs name, the child can not be trar^ferr^i. 
> true parents still have the direction of the <-h:Ii 

.. If a parent see his child to be in fault he ought to ia-tr::--! or 

.yti him according to the nature of hLs fault* and the same al^o -.-f 

>:. r parents. They commit no crime by inflicting fiain on a r-'— 

i>\«nis child. But those who pnni>h unmen-ifully e.«fr.^:":t a rrjuje. 

!•: ^hdll be lined as those who conunit an a-v-ault. 

1. But if a parent maltreat his child, or do n«>t fum>h L:m w'tL 

. 'lothing, and other necessaries, or rLa-ti^ him urix^-n-ifullj. it 

S» the duty of him who s4-es it to inform the jui^n^. At.! it 

'le the duty of the judges to bring bim to trial, ari on ev: i^-f.-c*- 

.^ rrime the judges shall have a riirbt to tnke the chili ai>i trTe 

r.. t«» a good man, and the parent >hall U? lin»-d t«'a -c£*!ent an-'i-^rt 

TKiv fnr the care of the child, and the fine -hail h-e given to tr:e 
:'- new gnardian. 

'. If one man crimi na 11 v entice the rhild of another into -^in, h^ -h^'I 
'.- if be fined as one actually guilty of the sin. Fiut if it '^ t-H a 

- in law yet it is a crime in the e:stimat:on of the par*-ct ar. i *t 
: .i:iv with his command, then the ju«ige -hali KjtA at the n^t -r^ A 

:5»nM? and ^hall fine him who enti'-e'i th^ chiii to i-i-Lite h!- 
N* in>t ruction, according to the luagnitude <jf the ••r:ii>e in t^e 
it'A»n of the judges. 

If the parents are not agreed in rebtion to the ch:!;. th-n the 
:*- .Wi>ion >hall >tand inlaw, though if the moth*-r •^■^ ir.- h'^'h-r 

:. th»*n the decision of the mother shall stand and r:'»t the fA::.-r'-. 

- r»'|uirement, however, does not apply to tho-e chilirec v-f i-hief- 
. i\>» \n^n given awav previou>,to the enacting of thi* Liw. and 

• » \r\l> the parent died. 
!f a rhild l»e left without natural parent- «»n a^-»-^.»'jni of tbHird'-iith 
•^n<"e,then the foster parents shall have tb** direction «pf the «-h:ii. 
•' • nild be ille*ritimate, then the mother shall have th^ dire«;tion of 

• It if the mother be unfaithful, the judges ^iiall have power to 
:..^ rhild from her at their discretion. 

. When the parent dies, then the child Is the heir, if there be any 

/ ving". The parent during hb^ lifetime nrtv -^\l his per<>nal estate 

. — •ever he please-i, but the land and ail fi^^-d pro|ierty on the lund 

-•—•end to the child. If he have many rhiiiren. they ail shall 

:.r it together: though if the parent whil** he is living and in 

1 mind make a written will, he may }tct ^u^^ih hi** land to whom 

-A-'es. When he dies the heir shall exhibit th«^ will to the Kinir. 

• T?i»* supreme judges perceive that there was a resil fault in th«* 
•L-y frfaall correct it, ie»t those to whom the property ju-^tly 






304 HAWAIIAN INVESTIGATION 

belongs should be left destitute and those possess the propert; 
whom it does not belong. 

If this law be proclaimed in any village or district, the day <>{ 
proclamation shall be the day of its taking effect at that place, but i 
if it be not proclaimed it shall nevertheless take effect on the ist 
of September of the present year at all places on these Haw: 
Islands. 

All the words of this law having received the approbation ui 
house of nobles and representative body, we have hereunto .set 
names on this 24th day of April, in the year of our Lord IM 
Lahaina, Maui. 

Kamkhameha I: 
Eekauluohi. 

Chapter XXII. — Law respecting debtors. 

It is of vast importance to men engaged in trade that each party t 
the agreement. If either fail, trade is embarrassed and the pul»| 
injured, wherefore in a council of the liobles and representative I 
the following law was enacted: 

1. If one man be in debt to another and do not cancel it at the 
agreed upon, and on that account the creditor becomes anxious 
fear lest he should not obtain the debt, he may then go to either <» 
judges who will thereupon attach the property of the debtor, bu 
reu^ove it; he will merely place the property under bis prote<i 
after which no one can take the said property without leave froi^ 
judge. 

2. If the debt be not paid within thirty days, then the property 
be sold at auction for the payment of it, and the judge snail rocehi 
fees out of the said property, but not out of the debt. But ij 
debtor be suffering some misfortune from the providence of Go] 
shall then be allowed a full year, and the property shall not be scj 
auction until the explication thereof. But at that time if the del 
not canceled it shall oe sold. If the money received for the pro| 
exceed the amount of the debt and the juage's fees, the balance 
be restored. Nothing shall be taken unjustly, and nothing wa.std 

3. If anyone in a fraudulent manner become indebted to an< 
and do not pay the debt, or if one become famous on account oi 
frequently contracting debts and not paying them and have no { 
erty with which to pay, he shall then be put to hard labor for a Ki 
of time proportioned to the amount of debt, which shall be decide 
the judges. 

For regulations respecting the payment of interest, see law res 
ing debts and usury, page 101. 

If this law be proclaimed in any village or district, the day d 
proclamation shall be the day of its taking effect in that place 
even if it be not proclaimed it shall nevertheless take effect on tb 
day of September of the present year at all places on these Haw 
Islands. 

All the words of this law having been approved by the hoi^ 
nobles and also by the representative bod}% we have hereunto so 
names on this I8th day of May, in the year of our Lord 184; 
Lahaina, Maui. 

Kamehameiia li 
Kekauluohi. 



HAWAHAN INVESTIGATION. 805 

Chapter XXIII. — A law respecting the hire of labor, 

Ldbor hire, as well as other kinds of hire, has at the present time 
^^■^nt* an exteosive business. There are persons who obtain their 
I > living and property by laboring for hire. The law does not 
niimn that business, for it is proper. The law protects it. It 
iM \^ a sad thing for the community if the law did not ^ive pro- 
tion to him who labors for hire. Wherefore, in a council of the 
»!t> and representative body, the following law was enacted: 
1. If one man hire another to perform labor, then they shall both 
[ in strict conformity to their mutual agreement. If the agreement 
made to labor by the day, then the laborer shall work faithfully, in 
frflance with his previous engagement If he be indolent or idle 
work so sluggardly that little labor is performed, then his wages 
i\ \*e diminished; fie may not be paid according to the promise, 
au^ the laborer has not labored according to their mutual agree- 

1. If a man engaged to perform labor by the job, he shall complete 
r labor at the time on which they shall mutually agree. The man 
ill also perform the labor faithfully. If anyone do hin work imper- 
^ly, or really do it badly, and does not finish it well, according -to 
prumi:^, his pay may be diminished, or entirely withheld if the 
H>rer do the work very badly. And if the employer suffer material 
ma^^ on account of the fault of the laborer, then he shall pay all 
\D3L^ii sustained by him whom he has injured. 
'{. If one man engaged to perform labor for another and the time 
lalioring be agreed upon or the time when the labor shall be com- 
^tt^, the laborer shall fulfill the agreement which they mutually 
kie. If the labor be not finished at the time agreed upon and the 
iployer suffer thereb}^ then there is a crime, and he who committed 
>hail pay damage, according to the amount of damage sustained 
n>ugh Dis failure. 

i. All laborers of every kind who labor for hire, and all perons 
K> hire property, shall perfectly fulfill their mutual agreement, 
boever does not thus fulfill his agreement is criminal, and he shall 
lined according to the amount of loss sustained by the other party. 
r*. If on account of sickness or on account of the judgment of God, 
Ciiin fail to fulfill his agreement, then both parties sustain loss, no 
V ^ball be exacted of him. A man shall be fined for his own fault 
ly. not for the judgment of God. The judge shall settle all difficul- 
> tn^tween persons who are trading witn each other. 
^. This law does not apply to rented lands, unless the agreement be 
k'ie in writing, for it is only a written agreement which is binding in 
btion to rented lands and house lots; nor shall they then be binding 
r a long time, unless countersigned by the 'King and premier accord- 
r to the constitution. And many, however, may have liberty to rent 
t his for a single year, according to a former agreement of the 

This law has no special relation to common trade, for there is already 
ather law in relation to that subject. 

Should this law be proclaimed in any village or district of country, 
e day of its proclamation shall be the day of its taking effect. But 

H I— PT a~U3 20 



o06 HAWAIIAN INVESTIGATION, 

even if it be not proclaimed it shall take effect on the 1st day of ^ 
tember of the current year, and that, too, on all places of thellawa 
Islands. 

All the words of this law having the assent of the nobles and re 
sentatives in council, we have hereunto set our names at Labaina, M 
on this 19th day of May, in the year of our Lord 1841. 

Kamehameha II 
Kekauluohi. 

Chapter XXIV. — Law regpecting partnerships. 

If any number of persons wish to unite their property for the 
pose of accomplishing some great object, or for the purpose of tr 
it shall be legal to do so. The law shall give protection to such j 
nerships which shall be formed, as follows: 

1. If any number of persons design to form a partnership of p 
erty for the purposes of trade or business, then they shall first ai 
together on the principles of their partnership and put that agreec 
in writing and put their names at tne bottom. One copy, howevei 
the writing shall not be sufiicient. If there be two partners inj 
compact there must be two copies of the agreement; if three per 
in the compact, then three copies of the agreement, the numbe 
copies corresponding to the number of persons united in the pari 
ship; the different copies must agree in every particular and 
person must keep his own copv of the agreement. 

When the agreement as to the partnership is completed it muiJt 
be made public, that the people may hear it. The proper way 
print it; out if that be not done, then let the notice be written an 
writing be made public, after which the whole number of per 
included in the company become one in law. 

When the public become acquainted with their partnership, o 
the printed or written notice, then if any of the company ma 
promise to any individual, then that promise is the promise oj 
company. Thus, if any one of them contract a debt and decease, 
the remaining part of the company shall pay all his debts. So a) 
any person become indebted to one individual of the company, 
that individual decease, then payment shall be made to the surv] 
members of the company. 

Such are the regulations concerning partnership. 

This law shall take effect on the 1st day of September of the cuj 
year at all places on these Hawaiian Islands. And all persons he! 
fore united in partnership and continuing their union after that 
shall be bound by this law. 

All the words of this law having received the sanction of the n^ 
and of the representatives, we have hereunto set our names* on 
18th day of May, in the year of our Lord 1841, at Lahaina, Maui 

Kameham£ha I! 
Kekaulijohi. 

Chapter XX V^. — Of crimes not particularly defined by law. 

Men commit many crimes which are not definitely specified ii 
law, and it is not possible for the law to define particularly e 



HAWAIIAK nfV£8IIOATIOS. ^ . 

* «.!«=•> of offense, wherefore the nobles and repre?«i3tatjT*> ii^r^ HiTTBet 
'/-,v following regxilations: 

. If a man commit a crime of such a naturv- thax h'^ n n 'jmxz initf: 
rtirular statute applies, then the judgei^ •ha-j re5*-'n ■•l "Lh*^ u^iir^ c 
►» vrime and the kind of punishment which wouad f »nt**^r.Tiifc-^*: i#M*fi 
*:.' uii; he shall also consider the princ-ipk-* f/f t:*^ tu-w*^ wjw ii ♦tii^;^ 
•»• and shall pass such sentence on the crini'mh^ tt- ii, i.i*^ 'C'-u'i 'a**- 
f ^ ral principles of the new sy*Jtem requir*-- 

j. Furthermore, all persons aot-esf-oiy to tit*- f->>ii:iii-?*:i a 'c •••'iiift 
-.i N? punished in the same manner a« tb*r pr:Ti"pfc.i*-.. uia*^*-- u*^ir 

ne l>e particularly defined in t^onae otb*-r kv- 

Wheneverthis law shall be printfyl af*d xh*r j^ji^re* •«h'- hu* to-juiiim^c 
»th iu it shall then take effect on ail plA/>-» it iij**?.^ lit if i. ji.i I-ii.iiiH-, 
Ibi:^ having received the sanction of ii«e »k»*»j^>« ii::it T»^r^»-**»^r.in" 

^ve hereunto set our names oo thi^ Ir-ia iir -.-f jt*.-. ii 'j**- -- 
- our Lord 1841, at Lahaina, )IauL 

At the pressent time much evil re-a-lu frr^L T.it»r it •■r.nj •/ i; >r-*ftr 

jiiftr^r of criminal^ at th^ •anse phb(«f. Cr^ii iit**- t-*^ uibO^ v *-; •- 

ri»- the interests of indiindualr. and ofi %fTt''^'^\\ '«* *:**^ rT'»ar. m.i: *#•• 

' I la>*or at the same plarne tb^-r ar»r :ii l.gi. *?;i rrt*^^ un: £T»5i;: *^ .* 

-\lt from the practice. 

\\ h<*refore. in a council of the iK»bje» %z^i. 'A uU^ r^:i-*j»»HiJur-M * -r #: ; 

I- f'/i lowing law wa-s enactt^: 

1- If a man be made to serve at inri jckV-r *yL fc'^.r.ii.ir. '.*f •'^iiu* ii*- 

'. n*»t work for anv partk-uinr <-ik^: in: ♦^in.- ^•►^ **r':»r.7*-: 'ii 
/ "nal work^. The /olJowiiig' i* yrrj^r.j nt;tj 'Mt: v.i-i.* ^-ui. ti**- 
iriirff of roads and few** for \Zj^. r'jk'i*- j*r}^'»t»*^ ji.*'* n f '»n* t-tit 

• r works which are not foTX£i*: pTTik-t*- jiiV-r*>n -.f li •" ;jtT'-4':.uj' 
..-f or individual person. 

-. If a man \te m^ifr t/j «*?rre at aex '"rvf u*- •'* 'lu*^ ti*?^- r j> v* "_ 
.t w!;»rn thp avail* are realizw tci^r mit-. ••^ o*''. -r.^^t •.'. m*^ :'...'• i-. 
' 'i* of the nat:c»n. ??q h iiyr<i>^ nthr i.ir'C**''r.T ••^ c***" '.»>•; *••. t.i**' 
i. '_-r.l of frov*^miiK-nt dfr^^^C*. to t^ pfcjntext '.«f u.i ',«fii'> —*- lit*- :•: r- 
--^ "f gun*, powder. p^Tzzsg fi-r rc«id«i- c^r ♦«v:»;« ;""t*i' •»-i*»'.»ii*^ 
Ma-»-- and ff-fnai*^ «'23dLlf f>'Jt ^Pt atao*- to A'rc v»v**"^*'^' tr.»* ♦^ut '. 

-^ - -^p in tbe sack l>*>a*<t. it'ir fi li«»: ^auiHr t bj-c tii^ j ♦^nt. . '.^^ 




!2? ^la.i •K4 be made V> «erre «;[ iiwV.r t:»;»^.*;'-iir-*: -jr 7 *:' 
. -. I r ai auT ia'*<-r inappir^^raAit v> ffruaa***'- Tu*^ ••*ii:: '-ir '/* '-^ :rt^ 

- 'r^iii^^ of mat-^. Srajdirrg '.»! ita£i». **e* ••>:. Twj*.t. '.^r 1-.^ , '•»-*. 
-r sa^^*. ar*i cii'.L '.:£e li'x^ a* i* fczvr-.c'itvr v- f^iLiLj-«-f — \'j -^rr 

to *^rre at nari ifc*r.T. 




r ^-jci^ir] a woman to perform, ik'^cff* i*.c trc *'.': r^t^ v. ii-r -*«-z. 
-♦ rjo^ to perform lar^r for Lls>^':t j.#^rf'.riL. j, '.t f --r ^ jult- 



308 HAWAUAK INVESTIGATION. 

person sustain the punishment of that man or woman whom he h 
thus treated. 

When this law shall be printed and put into the hands of the officei 
then it shall take effect at all places on these islands. 

All the words of this law having been agreed to by the nobles a 
by the representative body, we have hereunto subscribed our nan 
on this 18th day of May, in the year of our Lord 1841, at Lahai^ 
Maui. 

Kamehameha IlL 
Kekauluohi. 

Chapter XXVII. — Statute regulaOona respecting ships, vessels, and harbor*. 

1. It shall be lawful for ships and vessels of all countries at \n^ 
with this, and engaged in lawful pursuits, to come to and anchor at 
the roadsteads, ports, and harbors of the Hawaiian Islands. No emh 
rassment shall be thrown in their way by the governors or local authj 
ities of any place. No impost, duty, or tax shall be required exd 
by express provision of law. 

2. ^Pilots shall be established at all the Hawaiian ports where pill 
are necessary. His Majesty the King, together witn the premier ^ 
governor, shall make the appointment ancTgive the commission. ^ 
commission shall state the wages of pilotage. \ 

3. If any man in a deceitful manner shall present himself as a pi 
and act as pilot at any of the harbors of the islands and take the | 
of a pilot without first having received a certificate of appointmj 
from the King, is guilty of a violation of this law. He shall 
brought to trial, and on conviction thereof shall be fined $10, ^ 
shall furthermore restore whatever he deceitfully received in paynnj 
And if he involve the ship in difficulty he shall pay to the captain 
damages sustained by him, or in default thereoi shall be imprisoi 
one year. 

4. If any pilot shall deceitfully take higher paj than is allowe(i 
his certificate of appointment, he shall on conviction thereof be tij 
four times the amount which he deceitfully claimed; thus, if he t^ 
one dollar wrongfully, he shall pay four, and if he took ten wro 
fully he shall pay fortv. 

5. It shall be the duty of all pilots or harbor masters to give 
every captain of a foreign vessel the laws of the harbor where ^ 
vessel anchors, and the captain shall give him a certificate of ackncj 
edgment that he has received said laws. If any pilot or haii 
master shall neglect thus to give 'a copy of the laws and the captaii 
the vessel thereby becomes involved m difficuUv because of this ig 
ranee of the laws, then the pilot or harbor master shall be liable, i 
shall pay to the captain the full amount of all damages sustained 
him. 

6. When a merchant vessel arrives at any port or harbor of 
Hawaiian Islands, no goods shall be landed from a foreign coun 
until a correct manifest giving a full account of the goods be deliver 
into the hands of the harbor master. If the captam have the cha 
of the sales, then he shall deliver the manifest; but if he have not, { 
the goods are consigned to someone resident on shore, then h€ 
whom the property is consigned must deliver the manifest.^ Wi 

a The manifest must state the quantity and kind of goods. 



HAWAIIAN INVESnOATIOir. S09 

tb^ harbor master receives said manifest, he will then give a certificate 
4 permission that said goods may be landed. If the certificate be not 
;r,\<^i\ then the goods most not be landed. Whoever violates this law 
or intentionallv evades it, and whoever delivers a false manifest, shall 
V brought to trial, and on conviction thereof shall be fined to the 
amoant of one-fourth of the value of all the property wrongfully 
anded by him. 

7. Wlien goods are once landed, havii^ been registered on the mani- 
fe^t, it shall not be proper for the captain again to take them on board 
hL< vessel, nor shall it be proper for him to take other property on 
board without giving, previous to his departure, a correct manifest of 
^d property. Whoever violates this law or evades it shall be fined 
to the amount of one-fourth of the value of all the property thus ille- 
pllv taken away. 

^ On the last day of December of each year the harbor masters 
having faithfully preserved the manifests spoken of in the sixth and 
<>veDth sections, snail deliver them all into the hands of the governors, 
who shall deliver them to the premier of the Kingdom. 

9. Ships which come to these islands for the purpose of obtaining 
rpfreshments, or for repairs, must first render a clear and explicit 
aa-<)unt of the kind and amount of purchases designed to be made, and 
thi> written account must be delivered into the nands of the harbor 
rj L<«ter of the port; and if he wish to pay for such refreshments in any 
other articles except money he must sUite what articles. And if be 
p-orihatfe articles not mentioned in the written account, or i%^e sell 
.r.y article not mentioned in the first writing, then previous to his sail- 
\i:^ from the port he shall give in another correct account. Whoever 
' • lates this law or evades it, and whoever gives in a false account. 
*: ill he brought to trial and on conviction thereof shall be fined f2«0. 

The<e accounts also shall be preserved in the same manner as those 
n* ntioned in section 8. 

i*'. If anv vessel arrived from a foreign country having a pa>sen^r 
'V 'xiard, then the captain shall give inunediate notice, in writing, of 
' .^ Dame, country, age, and business of said passenger. And he >}iall 
r.*ither set at liberty nor permit to be landed said passenger nor bis 

T'perty until the harbor master has seen said writing. Whoever 
'.. liates this law shall be fined $1,000. 

11. No master of a vessel shall discharge or leave any of his men to 
'» nuiin on shore without the consent of the governor or his agent in 
v^'itin^. Whoever violates this law shall pay $64), and he who is thus 
:.- harged shall leave the islands by the nrst suitable vessel. But if 
:- 1<» not leave according to this requirement, then he shall be treated 
1- the deserter spoken of below. 

\t. If any foreigner desert from a foreign vessel it shall be the duty 

:' the captain of that vessel to make it known inmiediately to the har- 
■ " master, who will search for the deserter. If said deserter be found 
' ir the harbor where the vessel is at anchor, then the captain of the 
---^1 $hall pay to the harbor master $6, and the deserter shall be 
r'^rned to tne' vessel. ^ If he be found at the place remote from the 
ii borage, or on the mountains, or at a distance of 10 miles, then 
'." rewtfd shall be $12. But if he be found on another island, then 
'■*' reward shall t« $24. 

If the deserter be kept on shore and boarded, the pay required will 
» lalf a dollar per day, though this section does not prevent a special 



810 HAWAIIAN INVESTIGATION. 

agreement between the captain of the vessel and harbor master respc 
ing the deserter, provided it be entered into previous to his W! 
taken. 

If a foreigner deserts, and the vessel from which he deserted sai 
without the captain's having given notice respecting said deserter, 
if he delay to give notice for forty-eight hours after the desertion 
the man, then be shall be considered to have discharged his mat h 
shall therefore be fined according to the requirement of the eleve* 
section of this law. 

13. Every foreigner who deserts or comes on shore secretly ¥rith( 
the knowledge of the governor or his agent is obnoxious to this k 
Whoever does it shall be put to hard labor, from which he shall 
be freed until he leaves the countr}^. He may also at the discret 
of the nobles be dispossessed of all his property. 

But if the nobles think best to leave nim his property and substit 
a flogging, it shall be lawful, though the stripes shall not exceed thii 

14. If any native or«f oreigner residing on shore entice a man beloj 
ing to a foreign vessel to leave his vessel, or if anyone conceal a I 
eigner on shore, or if anyone see a deserter and understand him to 
such and do not give notice to the harbor master nor to the nob 
then he shall be considered as accessory to the desertion, and shall 
fined $6, one half to the captain of the vessel from which he de^^er 
and the other half to the government. 

15. It shall be the duty of the governor and officers and of the{ 
pie aHlarge, as well as of the land agents, to be on the alert, and w 
they see* a foreign deserter seize him and deliver him to the har 
master. Whoever seizes a deserter thus shall receive one-half of 
reward. 

16. If any foreign vessel be in difficulty, be wrecked, or suffe^ 
from a severe storm, or if in straits of any other kind, it shall be 
duty of the governors and all local authorities and all the people to 
within their ability him who is thus distressed. And they shall reo^ 
their pay by a salvage of the part of the property rescued by th| 
If there be no previous contract and the owner of the proj>erty j 
those who saved it do not agree, then referees shaU be appointed 
decide the amount of reward. 

If any foreign vessel arrive at any Haw&iiaA port or harbor the d 
of whicn have mutinied or have committed any misdemeanor by w] 
the captain of the said vessel is brought into straitened circumstan 
it shall then be the duty of the governor or harbor masters and ol 
officers to aid the captain of the vessel, and if he wish the crim 
part of his crew put in confinement on shore they shall be merely < 
fined. No other punishment except confinement shall be infliii 
Though if they break the Hawaiian laws then they shall be puni.^ 
according to law. 

If any master of a vessel wishes to discharge one of his men on si 
in accordance with laws of his own country and the consul of 1 
nation consent to take him under his care and return him to his i 
land, such a procedure shall be proper. Captains of vessels and < 
suls shall not be hindered in doing so, though the governor mus 
informed thereof. 

No captain of a foreign vessel shall receive on ly)ard his vessel 
native to proceed to sea, nor shall any native go on board any for^ 
vessel unless he obtain the written consent of the governor or 



HAWAIIAN INVESTIGATION. 311 

:, nor shall he continue a man on board for a longer period than 
i^rtificate allows. Whoever violates this law or evades it shall be 

aoY master with a foreign vessel wishes a native to sail on board 

pssel it shall be the duty of that master to go to the harbor master 

the man he desires, or if he can not obtain them then the harbor 

r will search for them. But the men shall not sail till they 

lire the assent of the governor. When that is obtained, then the 

lain shall fill out the blank in the following bond and sign it, after 

^h he ma^ receive the man on board. 

le bond is as follows: 

-, master of the ship , of , hereby declare that 



ttne afireed with , a native of the Sandwich Islands, to serve on 

■ni the ship under m^ command, I hereby pledge myself and said vessel in the 
u. 'f $^ to return said native to the Sandwich Islands within two years from 
ff. provided he then he alive, and I will pay him wages according to agreement on 
- ^hipping articles. 

When the above writing is properly completed and delivered into 
i«' band of the harbor master then the man may go. If any master 
f a vessel take a man in violation of this section of this law he shall 
tf tioed IMOO. 

If a native desert from the vessel on board which he shipped, for 
hich reason the captain of the vessel is unable to return him accord- 
ig: to the above bond, then it shall be the duty of the captain, previous 
> the expiration of the time mentioned in the bond, to make known 
li^ reason of his not returning said man, and having been established 
y good evidence that there was no fault of the captain's, then the 
iiJges shall clear him from the payment of the bond. 

if any seaman of a foreign vessel run in debt on shore and do not 
ay it. that debt shall not be demanded of the captain unless he had 
iven his consent previous to the contraction of the debt, nor shall 
ny seaman be put in confinement for debt unless it be contracted in a 
rrongfal manner, in which case he mav be confined. If the debtor 
ave property on board the ship the debt shall be paid from that. 
"hU section does not forbid the confinement of those who have com- 
litted a criminal offense. 

If a foreigner from a foreign vessel commit a criminal offense on 
bore and the criminal escape on board the vessel and the police offi- 
t;rs go for the criminal and he is retained by the captain of the vessel 
nd not delivered up, then the captain and the snip shall be held 
ccountable for the crime. 

If any vessel secretly take away a prisoner the fine shall be $400 
nd the prisoner shall be returned. If he be not returned then the 
aptain of the vessel shall also be held accountable for the crime of the 
>nrfoner and shall pay whatever the law requires [of the criminal]. 

If the governor perceives that the laws are disregarded by any ves- 
el, he smU have tne power to detain the vessel, or the captain of the 
esse!, or Ihe property of the vessel, as he shall judge proper in order 
enforce the laws. 

It shall be lawful for the harbor masters of the various harbors to 
all for the papers of the vessels which anchor at these islands. If 
bey are called for and not presented, then the vessel shall not trade 
t all at these islands, and no privilege shall be granted her here, and 
be governor may act bis judgment in the case. But if the papers are 



812 HAWAIIAN IKVESTIGATIOK. 

presented the harbor master shall by no means take the papers aw 
from the ship. 

All captains and masters of vessels comine to these islands sj 
regarding the laws of the same shall enjoy full protection and mc\ 
in the same manner as native-born citizens of the Hawaiian Islands 

If it should be discovered that any captain of a foreign vessel j 
violated the laws of the harbor and then leaves and goes to anot 
harbor, he shall not be permitted to trade there, nor to enjoy s 
privilege until he has settled for his fault according to law. 

The same also in relation to vessels violating the law and lea 
but afterward return, and even though under another captain, it s 
be the same, no privilege shall be granted until the crime fonu< 
committed be settled for. And the governor shall pursue sue 
course as he perceives to be necessary in order to carry out the la 

If any vessel arrive and lie off and on or even anchor at any p 
at the Hawaiian Islands, and at once commit any act in violation of 
laws before the harbor master or pilot arrive, then the captain of 
vessel and not the pilot shall be accountable for that crime. 

LAWS APPLICABLE TO THE HAKBOR OP HONOLULU ONLY. 

Vessels approaching Honolulu and desiring a pilot will set tl 
national ensign and pilot signal, on which he will go off immediate 
and shall be rewarded according to the following rate: For takir 
vessel in, $1 per foot; for taking a vessel out, $1 per foot. 

When a vessel arrives in the harbor then the narbor master s 
immediately go on board and carry the harbor laws according to 
requirement m section 5. Then the captain shall exhibit the pa] 
of the veSvsel and make known the business for which the vessell 
come. He shall also deliver to the harbor master the manifests spq 
of above. 

Vessel entering the harbor for refreshments or for repairs and 
for trade, will pay harbor duties as follows: 

For the outer harbor, 6 cents per ton; for the inner harbor. hHi 
per ton; for the buoys, $2. 

But if the vessel have goods on board selling at regjular sale, \ 
she shall pay the same rates as are paid by merchant ships. 

4. Vessels entering the harbor for purpose of trade will pay hai 
duties as follows: 

For the outer harbor, 60 cents per ton; for the inner harl>o^ 
cents per ton; for the buoys, $2. 

Any foreign vessel entering this harbor and then leaving it for .s 
other harbor of the Hawaiian Islands shall not on its return to 
place be required to pay harbor duties again. But if she visit a 
eign country or prosecute her business at sea and then return, i 
vessel shall pay duties as on her first entrance. But if a merchant 
be driven in by stress of weather or by misfortune and do not e 
for purposes of trade, then the said vessel shall pay the saAie diiiU 
vessels entering for refreshments. If after entering the harbor 
trade to small amount, not exceeding $1,000, she still does right, 
all vessels which land or take off a considerable amount of cargo s 
pay the 60 or 60 cents per ton according to the above requirement 

6. If it be a Hawaiian vessel and have a Hawaiian register, s 
pay no harbor duties. If the vessel be owned by a resident f oreij 



HAWAIIAN INVESTIGATION. 



— 9 



fho has taken the oath of allegiance to thi* yc^*-TT::ii>«.* t: 
•hdll pay no harbor duties. If the ves*^! ^■e r^wr.-**! "v % r»^^:ft*fin f 
ri^er having a dwelling house or shop on ^hore w if*-r»r i*"- Tf^-Tiiin**^/ 
^ps'ide:^, though he have not taken the oath of a^ ^-'^^u**:^. i->> t 
hiall pay but half duties. But if the ve^wel fc*? ^ywz^i •rr tw\ \r m-.r* 
[VINOUS, one of whom resides in a foreign ^xir.tnr. i:»^t» •kuiJ. t#^ n; 
diminution of the harbor duties. 

ti. All vessels at anchor are forbidden to xtr-.^w ^^nt^ uut i*»ar7- 
ru^^>ish overboard in the harbor. Let it I* fairr:-^i :a ♦cit*^ JLi-^ 
r»*<!iel throwing its rubbish into the harSor ^<xh.,. v»: ri«*-t €1 f ^.r 'EMt 
lirjt offense. If done again, ^:^\ and tbu* tij^ tzt^ -^ist.^ "/^ -u.n.Mt^t 
for every repetition of the offease. 

7. Fartherroore, at half past 7 o'clock ia itj^ *nr*n.:z!S '-i*^ r^n **ia.L 
r«»» fired from the fort, when all boat** asi *^*n*^=. -ask.- r*cin v. Tu^-r 
i>hip«; the whole must return, and at So'^f*--* aa*:*:ii*r r.^ -r-'.l -#^ 
dred. When the second eun U bearri th^^ xL. •f^A.Tit'^a 'r-ma.T.T«r *»i 
rfjore] will be seized and delivered to xifrir riw^r^ '".n^i.^*^ -w w w l 
pay to the police officers $2 for ea/.a ••eiziA- tn^* •«»^jiHi.« An: x 
(ball be the duty of the poli<-e offieeT« to ^rgr-s**- k.Tit 'W»ft-»x tc "ini* 
boiisesof entertainment and othf-r pi»»*-* fT*i'. ^*^'tv<i -7 tii>^ iif*n> 
And whatever native or foreign r*^il*rr.t ^ca.,. lj"^ **^t*^J'^ \r -*nn*-^a-:i 
i >t^man on shore in violation of tL> aw •xIa^. j*t Jl ^ A ui ▼n.-^-.- 
h\t*r shall oppose the police olEcf-r* witr* for!?*: Iji 'LIj^.j ^••Ara f.c ♦«ua 
p»'rsons shall be fined $10. 

N Xo vessel shall leave the iiarv>r xkz,\i. a ^^^n-i^ar-^ trm rzj^ zA^^r.r 
Es-^tiT shall be granted certifying tLAi tr,-r j#:-n r^r-^ ;c* . r.»* iit--»- -♦*<*n 
r^mpUed with, for which he ha.* tc^ T'^:a \% -i^^sa-Tit ^- A" t>-,»>^. 
nhich sails without such certirk-ate -&i . ••^ i •.#*--: ifl • . A i«: nii* -» » r 
L'* herebv forbidden to take ar.v v*r— ^1 rr.' cf itH- i:t^**-.#;r x •.- . «-^'-'. 
>rtitioate is presented- And ir.-vwsr /r:r.-r. .- il— : t:i:ir» u**- 'rjfr* / 
[L** paper* of ships belonginir to t£.rr:r *^^*ri. •Xfi.rrrjw t.** r*-/. >^*^>-: 
f' t to deliver up the papers aiit:« X£jfz *ttiii-^'.fl» of H-^t <i*j'r.r.a u^ 
ocrmplied with. 






1. Whenever a foreign --hrp or r*-*?^ ♦it- *.-• it.r -.-f LatjC-'.a^ ^'j^ 
>*./! 'le visited as earlv a* rrj^T^t,.^frL\ '.t \l>^, la^^r.r .tut-^v, thi' -'ju. 

. . ■:: to the command'-r of -a •": f .rr ^-t. t-^--^. *. •^^r: va.'^ '.f l^* 
i\\*\Tiimf'nt, >igned by tijfr ^f/T^-.rzyjr '/ \:j^. -•• avI^ 

r. Every master of a for^iz^ Te*.-^^ wio '>-* •*> ri*^ 't* '.»^*»r ',^ 

p-r LL^in^ refre^naent? for ti* Tr-?r*^l at LdLin.^* *-t:i - iaj •'. v.i> 

:-"«»r master $!•». m retcm f>r wnv- ^a.-:: =:A<»^r ♦i:! '*r *-t • •^^ 

t i-^-ive 5 barrel- of pc<Arr>>*. w.*a •or fr.- ^v^^ ct c». • '-l- - / ir 

i--re in tlie narket -Jit^^ir-* f^r ::> -r. p. 4. ■ .•: .-^ to t-,»^ r. --♦ .:' 

' : i/^. H** •iail ai-o --^ er.t::-.^ to ^.-.^ pr v*>:' '.i:r. ".f *:.-; -kT ♦. v.«* •. 
' ' i.x^^K. L> od5..-«f^rs. i:> m^n. a£rt t-^ j: -.:•;. —t ».• ..-t-.^' at* ii*- i-'. - 

* * -> 

-- u>if r tir* cocirrja&l oriey t;ve jaw* oi :^' .-jtr. 1. 
. T: •aall "■? cot.-i-i^'red irre^-Ar for *a .'^r* fr-,-'r» fr-r*^ /^ -1 :- v 
^{•^i«: tr>? aiz^t >o *oore without Izj^ l^ave oi t-i^ c^-^r^r-y^r^ ir.i «ii> 




L ::^ ^i»:i A ror fAj".^ 9(\ as js 'i^i^e wjn. 1^ ^ertcce wi^:; la-^ c«fc& ccc 



314 HAWAHAN UTOJSTIGATION. 

ever is found on shore one hour after sunset shall be put in confine 
ment until morning and then be delivered to the master of the vessc 
to which he belongs, who shall pay to the harbor master |6^ for ever; 
man thus delivered. 

4. If on account of sickness or for other reasons any master of a yeA 
sel shall wish to have his men on shore during the night, he shall fir^ 
apply to the governor of the place, and, receiving his permission, tl 
men may reside on shore, but shall remain within the limits assi^ne 
them by the governor, or shall be subject to confinement and penalt 
according to the third section of this law. 

5. Henceforth two lights will be kept burning, one directly abo^ 
the other and opposite the entrance for ooats. ^1 ships anchoring \ 
Lahaina and making any purchases shall pay $1 each toward the su] 
port of said lights. 

When these laws are printed and given to any captain of a vessj 
then the laws will be applicable to that vessel. And on the 1st dj 
of September of the current year they will become binding in all par 
of the Hawaiian Islands. 

All these harbor laws are enacted by the nobles and representative 
and we have set our names on this 4th day of May, in the year of ot| 
Lord 1841, at Lahaina, Maui. 

Kamehameha hi. 

KEKAUIiUOHI. 

Chaptbr XX Vin. — A law to promote the quiet of the night. 

Whereas it has become a real evil that many persons by makiij 
loud noise in the night so disturb the rest of quiet persons that tb^ 
can not sleep; and whereas innocent persons are thus made to suSi 
through the fault of the guilty; and whereas it is the business of t^ 
law to relieve the distresses of the people and protect the injurej 
therefore, at a council of the nobles and of the representative bodj 
the following law was enacted: 

1. All loud hallooing and other noise by night are taboo. If oi 
call loudly to another by night, after 9 o'clock, and that too witho 
good reason for thus calling, or make a noise without a reason for i 
or sound an instiniment unnecessarily, that man commits a fault, aj 
shall be fined from $1 to $5, according to the magnitude of his offen^ 
and if the police officers or judges think it necssary to confine him 
prison till morning, they may do it. 

2. This statute applies to all who go about in a riotous or tumi 
tuous manner b}' night, and it applies to every kind of noise whi 
disturbs the rest of those who sleep. But if a man be in straitenj 
circumstances, he may call aloud, as in case of fire, or if there be aj 
other just reasen for the noise, it may be made, but there shall t)e { 
hallooing or noise unless there be a necessity of it. 

If this law be proclaimed in any village or in any district, then t 
day of its proclamation shall be the day of its taking effect at tli 
place, but if it be not proclaimed, then the 1st day of Septembor 
the current year shall be the day of its taking effect at all places 
these Hawaiian Islands. 

All the words of this sfoitute having been fully approved both bv t 



o Since altered to |2. 



HAWAIIAN INVESTIGATION. 315 

^-^dse of nobles and house of representatives, we have therefore set 
;r names hereunto on this 6th day of May, in the year of our Lord 
MU at Lahaina, Maui. 

Kamehameha IU. 

KEKAULUOm. 
Ch AFTER XXIX. — A law respecting gambling. 

li\'herea« there are many people who neglect profitable business 
Thick would be of advantage to themselves, their children, and the 
'^motrr, and spend their time in employments which waste their 
pn>pertv and do injury to their chil(U*en, it therefore becomes the 
duty of the law to wara off these evils and seek to promote the greatest 
p'Mjd. These are the reasons for enacting the following law: 

1. If two persons gamble and one win of other, if the sum be actu- 
kUr paid down before the face, they shall each pay a fine equal to the 
fall amount of the wager. But if they merely make mention of 
jn^perty as a mere symbol, then they shall each pay a fine of $5. 
Ibt if the property thus symbolically mentioned is very small, then 
in- line may be dimmished in proportion to the value of the property 
poken of. 

1 If the gambling be done on the Sabbath day then the fine shall 
ic double what is mentioned in the first section. 

•5. If children below the age of 14 years gamble, then the punish- 
ri<'nt shall be committed to the parents, but if they do not inflict any, 
L»-r! the law will be applicable. 

If this law l)e proclaimed in any village or district, then the day of 
!*• proclamation shall be the day of its taking effect in that place, but 
^•'n if it be not proclaimed it shall nevertheless take effect on the 1st 
f S*»ptember next. 

Tlu.s law has received the approbation of the house of nobles and 
r>tt«<e of representatives. We have therefore subscribed our names 
nthis Ilth day of May, in the year of our Lord 1841, at Lahaina, 
bai. 

Kamehameha UI. 
Eekauluohi. 

Chapter XXX. — A ttgitUe respecting forgery. 

From ancient times down to the present all men have well under-^ 
rxHl that forgery is a great crime. Then it was death, but at present 
»- law is not so severe as it was then. ^ It must, however, oe pro- 
^Hti'd, and so great a crime must be punished. 
Wherefore, in a council of the nobles and representative body, all 
^ reciuufitions of this law were approved. 

1. If one individual deceptively subscribe the name of another to 
y writing for any purpose of gaining possession of his property, 
<^>btaining something valuable, he shall be punished in the same 
inner as a thief. Whether he actually gained possession of the 
«>perty or not makes no difference. If, however, he did not ^ain 
p^^^sHion, be shall merely pay quadruple, but if he gained possession, 
AtaW then pay quadruple, and in admtion shall restore the principal. 
th«* forgery were for a large amount of property, he shall be ban- 
^ Tfie punishment shall be precisely as in the case of theft. 



316 HAWAUAK INVESTIGATION. 

2. If anyone deceitfully subscribe the name of another to any ^ 
ing, which does not encuinger property, he shall then be puni 
according to the nature of the offense. If anyone suffer in any 
from the writing, then the criminal person shall pay according t* 
amount of suffering, which is to be submitted to the discretion o 
judges, they examining into the nature and magnitude of the oS 

3. It a man commit the like offense again, after having been 
punished, he shall then be banished to another country, at the di 
tion of the judges, they considering the magnitude of the offense 

If this law be proclaimed in any village, or in any district, th< 
of its proclamation shall be the day of its taking effect at that [ 
but even if it be not proclaimed, it shall nevertheless take effect 
places on these Hawaiian Islands on the 1st day of September o 
current year. 

To all this the nobles have given their approbation, and als< 
representative body; we have therefore hereunto set our name 
this 19th day of May, in the year of our Lord 1841, at Lahaina, } 

Kamehameha I 
Eekauluohi. 

Ghafter XXXI. — Law respecting the counterfeiting of money. 

m 

In the management of trade men must necessarily make m 
money. It is m that estimates are made; it is also the basis ref< 
to, and is the article in which debts may always be canceled. W 
fore, if any man adulterate the money so that it becomes of unce 
value, the community suffers, trade is embarrassed, the proper 
individuals is not safe; wherefore, in a council of nobles ana repre 
atives the following law was enacted: 

1. If anyone counterfeits a coin for the purpose of trading ftt 
lently, or if anyone take counterfeit coin, made by another, fo! 
purpose of trading it away, as one trades away good money, that 
shall be brought to trial and, on conviction thereof, shall be ban 
to another land, there to remain for the term of five years. 

2. If anyone be accessory to the making of false coin, or k 
of one's making it without giving notice thereof to the govern! 
or if anyone endeavor to increase nis property by trading in false 
or in money which he knows is not good, he is guilt}^ of the 
crime as the one spoken of in the firet section. Whoever does it 
be brought to trial and, on conviction thereof, shall be banish* 
another country, there to remain for the term of five years. 

3. If any man receive counterfeit coin from another and pay it 
again to a third person without knowing it to be bad money, he 
mits no crime, but that money shall be returned to the former \k 
sor, and he shall pay good money in place of the bad which 
returned. 

4. If anyone receive money which is counterfeit, and afterwar( 
cover it, or hear from one who is acquainted with it that it is ecu 
feit, then that man is criminal if he trades it away to another wil 
giving notice that it is counterfeit. Whoever does thus shall paj 
good dollars for every bad, and in addition to this shall pay oi 
tne government. Ana this shall be the rate even to the fun 
extent. 



HAWAIIAN INVESTIGATION. 317 

If the criminal be a foreigner and from another country, and he 
iterfeited the money at some other place, but landed on these shores 
D^ sftid money in his possession^ the law will in that ease be appli- 
f to him in the same manner as it does to native-bom citizens who 
mit the crime on shore. 

D the Ist day of September of the current year this law shall take 
•t at all phM^ on these Hawaiian Islands. 

II the:<e edicts having been approved by the house of nobles and 
f^s^Qtatives, we have hereunto set our names on this 7th dsLj of 
r. in the year of our Lord 1811, at Lahaina, Maui. 

Ejlmehameha III. 
Kekauluohi. 

Chapter XXXII. — Law retpecting perjury, 

here is a distinction between falsehood and perjury. If a man be 
Qght to trial for the commission of some rault, and he denies it, 
D though really guilty^ still he is not a perjurer. He is only guilty 
kl^bood. Tlie following is perjury: If a man be brought to trial 
[)n'the judges^ and there come forward a witness, and take hold of 
Word of God, and swear by it to speak the truth, and afterwards 
« that which is false for the purpose of freeing a guilty man from 
u>hmeDt, he is a perjurer. If a man merely make a mistake that 
[^ not make him a perjurer. But if a man designedly attempt to 
ker a guilty person, or involve an innocent one, and inconsequence 
Mvh (l^ign, states a falsehood, or conceals what he knows, he is 
jorer, and the following law shall apply to him. 
JUS law applies to him who stands before the chiefs and judges, and 
es t<^timony at a trial, and that testimony proves to be false. Such 
bt is highly criminal, wherefore in a council of the nobles and rep- 
rotative body all the words of this law were approved: 
. If a man be brought to trial and a witness come forward and lay- 
hi< hand on the \\ ord of God swear to speak the truth, and after- 
rds testify falsely with a design to procure the condemnation of the 
invnt or the acquittal of the guilty, his punishment shall be as fol- 
)^: if the- statement have reference to the life or death of a man, he 
U 'le banished to another country, there to remain for the term of 
ID ten to fifteen years, according to the magnitude of the offense. 
fhi< testimony have no reference to the liie or death of a man, he 
U lie whipped twenty lashes, and then suffer such further punish- 
It a.< he tnoaght to bring on an innocent person, or as he tnought 
*'»'ve a guilty person from. Thus, if he testify falsely that a man 
len, he shall then suffer the punishment of a thief. If he testify 
i' that a man has been guilty of rioting, he shall suffer the pun- 
ot of a rioter. 

If a man be suspected of perjury, he shall not be punished until 

other witness appears than the one who was belied should come 

rd, a witness having no interest on either side, and that impartial 

hould so testify that it becomes clear that the accused man did 

testify falsely, then his guilt shall be considered as established, 

•"hall be punished as specified above. 

Jf a man be punished for the crime of perjury, he can never 

»rds appear before the chiefs or judges as a witness; his words 

rer again be received as truth. 



318 . HAW An AN INVESTIGATION, 

This law shall go into effect on the 1st day of September of i 
current year at all places in this archipelago. 

All the words of this law having received the sanction of the hoi 
of nobles and house of representatives, we have hereunto set our nan 
on this 7tb day of May, in the year of our Lord 1841, at Lahai 
Maui. 

Kamehameha 111 
Eekauluohi. 

Chapter XXXIII. — Law respecting cufgauUs, 

Listen, ye people of all lands, the high and the low, for no man \ 
escape who disregards the words herein written: 

1. This law forbids quarreling. If two persons quarrel and (i 
strikes another with his fist or anything else, but without hurting I 
much, he shall be fined $6 as in case of riot. If a severe wound 
inflicted, the fine shall be increased, even to the farthest extent, p 
portioned to the injury done to the wounded person. 

2. If one way lay another by night or even by day, or go slylv 
his place and attack him by force, and commit an assault upon him 
strike him, or give him a blow with the fist, and yet do not kill h 
or if two persons meet each other in the street and one use violent 
the other, on account of some previous ill will, and do him an injii 
all these crimes are alike. If any man do either or all these thi 
he shall be brought to trial, and on conviction thereof shall l)e I 
ished to another country, there to remain for the term of four vf 
But if the judges discover some mitigating circumstance he 
diminish the number of years, or substitute a fine of money, of fi 
one to five hundred dollars, according to the magnitude of theoffe 

If this law be proclaimed in smy village or district, the day of 
proclamation shall be the day of its taking effect in that placw 
even if it be not proclaimed, it shall nevertheless take effect at 
places in this archipelago on the Ist day of September of the curj 
year. 

All the words of this law have been approved by the house of nO 
and house of representatives, and we have therefore subscribed 
names to the same on this 31st day of May, in the year of our I 
1841, at Lahaina, Mani. 

Kamehameha II 
Kekauluohi. 

Ch AFTER XXXIV. — Lav) respecting lewdness. 

This law forbids lewdness. A man and woman who are not i 
ried according to the laws of the land, and sleeping together carni 
they are lewd persons, and according to this law shall be condeD 
and punished, as specified in the following particulars: 

1. If a man commit a rape upon a woman, making use of force i 
her, because the woman does not assent to his solicitations, 
actually have carnal intercourse with her without the consent ol 
woman, the fine of that man shall be $50. But if the man thus i 
mitting a rape upon a woman be a man of distinction, or a ma 
property, or if the woman be a person of distinction, and the c 
of the man have special aggravations, the judges may increase 



HAWAUAX INVESTIGATION. 319 

BLshment of the man thus highh^ criminal, and if the judges think 
^t they may hanbh him to another land, there to dwell for four 
l^. or they may put him to hard labor in a prison, at the discretion 
(be judges. 

^ If a man by violence attempt to commit a rape upon a woman, 
1 ihe woman by fleeing, or by her strength, or by making an out- 
r. or by the aid of another escapes, so that the man has no carnal 
inection with her, he shall in that case be brought to trial, and on 
QvictioD thereof shall be fined to half the amount of the man who 
tually consummates the crime. In all cases of punishment for rape 
^-fourth of the fine shall go to the government and three-fourths to 
p a^^ulted woman. 

5. If a man go secretly to the place of a woman while she is 
krt'p for the purpose of having carnal connection with her without 
r tx)n>ent. that is the same as rape. A man that does this shall be 
oaght to trial and on conviction thereof shall be punished in the 
BK" manner as in case of rape mentioned above. 
But a woman of bad character, even thougb she suffer violence, shall 
K-ive no part of the fine of the condemned man. Women of good 
aracter. and they only, shall receiiiaB a portion of the fine from the 
inunaK. 

4. If a man have a wife of good character, having never been involved 
bw. and having no appearance of being vicious, if that husband take 
ii>tbpr women and sleep with her, then that innocent wife may say a 
urd in relation to her husband. If the wife chooses to separate from 
m for life, she shall have a right to do so, and she mav marry another 
i>han(l. In that case the adulterous husband shad be banished to 
totiier land, there to remain for four vears. But if the woman choose 
continue with her husband, she may do so, and he shall not be ban- 
kM to another land, but shall be punished as follows: He shall pay 
fine of 130 — one-half to the husband of his accomplice and one-half to 
K* Government — though the police officer shall take his portion before 
le dirL^ion is made. But if his accomplice have no husband, then the 
hol«' shall go to the Government and the police officer. But if the 
De lie not paid in money nor other property, he shall then be made 
^ work in toe prison for the term or eight months. But if the wife 
f the said man be of bad character, then she shall have nothing to say 
) thn case; thev shall not separate; the man shall not be banished to 
ootber land, tiis fine shall be $30, or he shall be put to hard labor 
smjuinnl above. 

«*>. T&e same that is required in relation to the husband of a respect- 
ble wife, when that husband is guilty of adultery, the same also shall 
e re<]aired in relation to the wife of a respectable husband when that 
life commits adultery. If that woman take another husband, and they 
leep together, then her own proper husband shall have a word to say 
p>ppi'ting her. If he choose to separate from her for life, he shall 
ave a right to do so, and he marry another wife. In that case the 
dttlteroos wife shall be banished to another land, there to remain for 
tennof four years. But if the husband choose still to remain with 
u wife, he has a right to do it, in which case she shall not be ban- 
ifii to another land, but shall be punished as follows: She shall pay 
ito^ of $30— one-half to the wife of her accomplice and ono-halt to 
ke (loremment — ^the police officer, however, snail take his portion 
Mfore the division is made. But if her accomplice have no wife, 



822 HAWAHAN INVESTIGATION. 

and the teacher who instructs him, or other persons of respecta 
perceive that said prisoner appears well, appears quiet, navin 
appearance of repentance, then on their giving notice to the gov 
he may set said prisoner at liberty, and he shall serve no longe 
be confined longer. It is ended; he is pardoned. But this do< 
apply to those who are banished to anotner land. 

If this law be proclaimed in any village or district, then the < 
its proclamation snail be the day of its taking effect in that placi 
even if it be not proclaimed, it shall nevertneless take effect ci 
first day of September of the current year at all places ii 
archipelago. 

All the words of this law have been approved by nobles and 1 
representatives; we have therefore hereunto set our names thi?^ 
day of May, in the year of our Lord, 1841, at Lahaina, Maui. 

Kamehameha i 
Kekauluohi. 

Chapter XXXV. — A law respectitig the racing of horses secretly. 

The law respecting the abuse of animals is well understood li 
people, but still horses are not safe. There is a considerable na 
of persons who go secretly and seize horses in the night and race t 
and by such a mischievous course some horses have been killed, 
clear that there is a very great crime, but there is no statute ^ 
particularly prescribes the punishment. Wherefore, in a coun 
the nobles with the representatives, the following statutes were ena 

1. If one seize the horee of another secretly by night, withoii 
knowledge of the hostler, or by the owner of the horse, and race 
the criminal person shall pay $25 — ^$10 to the owner of the hors€ 
to the informer, and $5 to the government. If the horse be dam 
he shall in addition pay to the owner of the horse the full amou 
the damage. If he do not thus pay, he shall be flogged 2o ]; 
and then put to hard labor for the owner of the horse for the j 
of two months, and two months more for the informer, and i 
horse were injured by him, the labor for the owner of the hor^e 
be prolonged according to the amount of damage sustained. 

2. If a man repeat the offense described in the first section aft 
had been once punished, his punishment shall be double to his fo 
one. 

If this law be proclaimed in any village or district, the day ti 
proclamation shall be the day of its taking effect in that place, l)ut 
if it be not proclaimed, it shall nevertheless take effect on the hi 
of September of the current year at all places in this archipelago 

All the words of this law have been approved by the nobles 
representatives. We have therefore set our names hereunto on 
23d day of April, in the year of our Lord 1841, at Lahaina, Maui 

Kamehameha IJ 
Kekauluohi. 

Chaftkr XXXVI. — Law prohiiUing theft. 

We hereby prohibit all stealing and felonious seizure and vie 
plundering and taking secretly the property of others. Whoso 



HAWAIIAN IKVE8TIGATIOK. 823 

hi^ aoT of thc8e things with a real thievish intent is obnoxious to 
':< law and shatl be punished as follows: 

Whosoever shall steal or take secretly with a thievish design the 
i»j*ertv of another, and whosoever shall lyingly carry away and 
I rete in a thievish manner the property of another shall be punished 

I. If the stolen property be less than $2, then he shall be fined four 
pit'> the amount of tne propertv which he stole. If $1 be stolen, $4 
tail lie the fine, which, with tne original sum, makes $5, $2 to the 
nvernment and $2 to the owner of the stolen property, together with 

> (^ricrinal sum, which makes $3. . If $2 be stolen, then the fine shall 
f f^. ft to the Government and $4 to the owner of the stolen property. 
f be fail to pa^* these, he shall be put to hard labor, which he shall 
prform of a value equal to the fine, a portion of the labor for the 
^»vernment and a portion f o • the owner of the property. 

:i. If the amount of property stolen be more than $2 but less than 
I"", the thief shall then be fined according^ to the first section of this 
iw. and shalK moreover, be put to hard labor for a term of from four 

> v'lght months, &s the judges shall determine from the character of 
!»• theft. 

X If the property stolen amounts to more than $100, then the stolen 
r.»jierty shall all hie restored and [the thief] shall pay all the loss sus- 
liiieil by the owner of the property. When all this is paid, then the 
bi« f shall be transported to another land, there to remain for a term 
f from five to ten years, accoixling to the aggravation of the theft 

> IcN-ided by the judges. 

4. If a noian be punished according to the above requisitions and 
ff^rwards steal again, either little or much, it shall then be proper 
• transport him to anotherland, at the discretion of the judges, accord- 
njr to tne decree of his incorrigibility or the greatness of his crime. 

'•. If the thief be unknown or is not seized by the owner of the prop- 
rtr and he does not know who stole it, then whosoever brings it to 
igLt shall receive one-fourth of the fine and the owner of the property 
m^-fourth, together with the original amount. 

>». If a man steal property and be detected by the owner and they 
iall agree together as to the settlement, they may do it, and that 
^rooment of theirs shall stand. But if it become public after their 
rf^tilement, then the thief shall pay the Government portion of the 
iiH' at-cording to law, but shall pay nothing more to the owner of the 
)r\)perty. 

7. If anyone be condemned to reside in another land according to 
hf requirement of this law and he prefer to pay a fine in money, this 

> the amount he shall pay: Two hundred dollars for each year for which 
^ i-i sentenced by the judges. Whoever pays a fine thus shall be 
trpt'd from transportation, though at the discretion of the judges. 

^. Should this law be proclaimed in any village by a crier, tnen the 
iij of its proclamation shall be the day that it takes effect. But if 
M proclaimed, then the 1st day of December, 1840, shall be the day 
thai it takes effect, and by this act all former laws respecting theft 
wv repealed. 

This act is passed by the Government of these Sandwich Islands on 
tri- l<>th day of September, in the year of our Lord 1840, at Lahaina, 
Maui. 

Kamehameha IU. 
Kekauluohi. 



324 HAWAIIAK INVESTIGATION. 

Chapter XXXVII. — Law prohXbitmg burglary. 

We hereby prohibit the breaking open of houses and the be( 
entering of windows, and also the forcing of doors and windows, 
any man does either of these things to the house of another h< 
obnoxious to this law: 

1. If any man secretly break open a substantial house of anothci 
the night and enter and steal property^ little or much^ the crinx 
similar, and he shall be punished according to the requirement of 
third section of the law prohibiting theft. 

2. If any man secretly bi'eak open a substantial house of anothe 
the night and enter with felonious intent, and while some perso 
resident in the house, said burglar having weapons of death in 
possession, that is a great crime, and the man committing it shall 
condemned to reside on another land till death. 

4. If the house broken open be one of thatch, or not a substan 
house, or if there be some other thing which shall materially miti^ 
the crime, then it shall be in the power of the judges to diminish 
punishment or change it, and not adhere rigorously to the ah 
specifications. The judges are to look at the nature and magnitud< 
tne offense. 

5. Should this law be proclaimed by a crier in any village, then 
day of its proclamation shall be the day of its taking enect in t 
place. But if not proclaimed, then the 1st da^ of December, 1^ 
shall be the day of its taking effect, and by this act all former \\ 
relative to burglary are repealed. 

This act is passed by the Government of these Sandwich Islands 
10th day of September, in the year of our Lord 1840, at Lahai 
MauL 

£[amehameha 111 
Kekauluohi. 

Chapter XXXVIII. — Law respecting murder. 

1. We prohibit murder. Let no one of any country commit mm 
here. Whoever takes the life of another with a malicious desip 
kill, he shall die. Whoever in anger destroys human life, vet 
intending to kill, he shall be imprisoned four years. 

2. Whoever aids in destroying human life with an intent to kill 
shall die. Whoever aids in destroying human life, yet not design 
to kill, he shall be imprisoned four years. 

3. Whoever with malice incites or entices to the commission of n 
der, if the murder be actually committed, he shall die. Whoc 
incites or entioes another to kill, and no life is thereby taken, he s 
be imprisoned four years. 

4. Whoever in anger stabs with a sharp instrument or strikes i 
a weapon or throws missiles, and the lire of an individual is ther 
destroyed, he shall die. Whoever stabs with a sharp instrumeni 
strikes with a weapon or throws missiles with malicious intent to I 
yet no one dies thereby, he shall be imprisoned four years. 

5. Whoever threatens to take the life of a person and the de^ 
actually committed, he shall die. W hoever threatens to take the lifi 
a person and actually beats him, but not to death, he shall be imp 
oned four years. 



HAWAHAN INVE8TIGATI0K. 825 

P, Whoever robs and kills a person, he shall die. Whoever robs a 
n»ii hut spares his life^ he sbsAl be imprisoned four vears. 
I. Whoever kills a shipwrecked pei'son, whoever drives fatally a 
r>0D into a place of death, whoever destroys a child after his birth, 
Kiever (maliciously) burog a house with fire — all this are reckoned as 
irders. And if the criminal sentenced to imprisonment chooses to 
umate with money he shall pay $50 for each of the four years, and 
D U' lawfully discharged; but in failure thereof he shall be put to 
n.r till the four jqhts expire, then be discharged. If the said crimi- 
I U again guilty of the same crime, he shall oe fined $100 for each 
&r, and in this ratio shall bis sentence be increased till the fourth 
!en:!«e. This shall be the judgment of those who escape capital punish- 

>. Furthermore, whoever plots the death of the Kin^, and prepares 
e means of his aestruction, his crime is similar to that of murder; 
' shall be put in irons and banished to another land, there he remain 
] he dies. 

Kauikeaouij. 

The forgoing law respecting murder was enacted in the year 1835, 
A \> still m force at the present time. The following additions have 
^n made, however: 

;^ If anyone attempt to dethrone the King who has possession of the 
■in»:dom,"orto transfer the Eangdom to any other chief, or to any other 
t'rM>n than the one who owns tne Kingdom, he shall be banished to 
nother country for life, and all his property shall be confiscated. 

hK Whoever shall plot the death of a governor or of any high chief, 
r speak evil of the cniefs for the purpose of bringing them into difli- 
ultr, and whoever shall threaten tne life of any high chief, or the dis- 
i»se:»;^ing him of his itink, and whoever shall either in conduct or 
r(»nL$ exhibit treason, and whoever shall excite others to treason 
gainst the King or governor, or against any high chief — whoever does 
DV of these thin^ is guilty of a great crime, and he shall be con- 
lemned. His punishment shall be that of banishment to another land 
1 the discretion of the judges, they looking at the magnitude of the 
»f en.^. It shall not, however, exceed ten years nor be less than five, 
le shall furthermore be dispossessed of all his real estate, though if 
he King choose to give it to his child, he shall have a right to do so at 
us discretion. 

We have given our assent to the above, and therefore set our names 
>D this 2d day of June in the year of our Lord 1841. 

Kamehameha UI. 
Kekauluohi. 

C^AFiSB XXXIX. — A law respectmg drunketment established in the year of our 

Lord 18S6. 

1. We prohibit drunkenness. Whoever drinks spirituous liquors and 
becomes intoxicated, and goes through the street riotously, abusing 
those who may fall in his way, he is guilty by this law. He shall pay 
|H in money, or in other property of the same value, and for want 
hereof he shall be whippea twenty -four lashes, or be condemned to 
lalwr one month, or be imprisoned one month, at the expiration of 
which he shall be discharged.* 



326 HAWAIIAN INVESTIGATION. 

2. If the intoxicated person, or a riotous person not intoxicat^ 
breaks down a fence he shall pay $1 for each fathom, be the samemc 
or less. And if the offender does not make redress according to t 
enactment, he shall rebuild the fence which he has broken down. I 
if the breach in a fence or in a house be«ipall — for this law i» a 
cable to houses also — the fine likewise shall be small, and if thea^gre 
refuses to pay it, shall be imprisoned one month and then liberH 
This is the punishment for damaging a fence or a house. 

3. When the individual who damages a fence or a house pays 
amount forfeited by his crime to the owner, he, the owner, snail 
to the judge one-fourth of every dollar which the fence-breakeri 
the housebreaker shall pay. 

Kamehameha III 
Eekauluohi. 

Chapter XL. — A law regtUaUng the sale of ardent spirits. 

Whereas we have seen that drinking of ardent spirits and otl 
intoxicating liquors is of the greatest injury to our country; theref^ 
I, with my chiefs, have sought for the means of suppressing ii: 

1. We prohibit all selling of spirits by any person wnats<xT| 
either openly or secretly, without written license. Whoever is detH 
selling, or doing contrary to this law, shall be fined $50; and if he \ 
againne shall be fined 9100; thus shall the fine be increased hy \ 
addition of $50 for every repetition of the offense, to the utmj 
violation of this law. 

2. If, however, any person, whether foreigner or native, sell spi 
by the barrel or large cask, he will not be amenable to this law. 
any person who sells in any smaller quantity will be liable to the pt^nal 

3. Any house having been licensed for retailing spirits may soil 
the glass, but not by any larger measure, and its doors must Ik* clo^ 
by 10 o'clock at night, and visitors must go away until morning, j^ 
on Sunday such house shall not be open from 10 o'clock on Saturd 
night until Monday morning. 

4. We prohibit drunkenness in the license. If anyone, whetl 
foreigner or native, driak and become drunk at such house, the owi 
of the house where he got drunk shall pay the following fine: 1 
dollars for the first offense, $20 for the second, and thus tne fine \^ 
be increased by the addition of $10 for every repetition, to the ext^ 
of his misdemeanors. 

5. The officers appointed to this duty will watch and they ^ 
quietly observe what is going on in the said houses. Let no c 
obstruct them in their duty. 

6. Any house licensed for selling spirits and conducting in a man« 
at variance with this law will, on conviction, have its license tab 
away and it will not be given back again. 

Eamehameha III 
Lahaina, March 20^J838. 

Chapter XLI. — Law prohibiting the manufacture and use of intoxicating drinks. 

In our inquiries after the best means of promoting the interests 
the Kingdom, it has appeared to us that increase in the production 
food is of great importance. Scarcity of food is, of course, a gn 
evil to the countrv. 



HAWAIIAN INVESTIGATIOK. 827 

It b said that the present is a time of scarcity, and we therefore 
ire been searching for the cause of it. One reason we ascertain to 
f'. the following: Articles of food — potatoes, sugar cane, melons, and 
Lber things — are taken and transformed into intoxicating drink; the 
pople remain in idleness, without labor, in c^sequence of their 
mg drunk; wherefore the land is grown over witn weeds and is 
tipoverished. 

In i^onsequence of our desire to promote the order and welfare of 
ie kin^om wo have assembled to reflect on the subject, and now 
jmt this law. 

1. If any man take potatoes, sugar cane, melons, or an}^ other arti- 
le i>f food, and transform it to an intoxicating liquor and drink it, he 
sail be fined $1, and if he do the like again the fine shall be $2, thus 
le fine shall be doubled for every offense, even to the utmost ext^t. 
it. If anyone make an intoxicating liquor such as is mentioned 
bove, and give it to another to drink, he too shall be fined according 
) the first section of this law. 

t\. Whosoever shall drink that which another has prepared in order 

) produce intoxication, as mentioned above, he too has violated this 

iw, and shall be fined in the same manner as he who prepared the 

rink. 

4. If a man be fined according to the above requirement, and have 

money, he may then pay his nne in produce, or if he have no prod- 
«y, he mav pay it in labor, the labor being proportioned to the 
mount of tbe fine, or if he do not labor according to the requirement 
be punishment may be increased or he may be confined in irons. 

i). When this law is proclaimed by a crier in any village, the day 

1 its proclamation shall be the day that it takes effect at that place, 
tut if it be not proclaimed it shall take effect on the last day of 
HON ember at all the places at these Hawaiian Islands. 

Enacted by the Government of these Hawaiian Islands, at Hono- 
alu. Oaho, this 1st day of October, in the year of our Lord 1840. 

Eamehameiia III. 
Kekauluohi. 

'H\im XLII. — A law rapecting gtabbing tuUh a knife and carryiiig instruments of 

death. 

Many evil-minded persons belonging to the shipping, having while 
>D >hore committed various criminal acts with knives, etc., to the gen- 
eral daneer of Hfe and limb: 

It is therefore hereby made known to all persons whatsoever, that 
f any person or persons are hereafter found on shore with a knife, 
•word cane, or any other dangerous weapon in his or their possession, 
!)e or they shall be immediatelv seized and taken to the fort, and unless 
rood cause be shown for having such dangerous weapon he or they 
>h»U for every such offense pay a fine of $10, or receive 25 lashes on 
ibeback. 

Be it also known that if any person or persons shall maliciously 
^b and wound any person, and death does not ensue therefrom, the 
aid offender or offenders, if convicted, shall receive 100 lashes on his 
or their back, and pay a fine of $50, or upon nonpayment shall be 
imprisoned for two months. 



828 HAWAIlAir 1KVE8TIGATI0N. 

The law now in force respecting murder will be carried into e» 
tion upon all offenders. 

Given under my hand, at Honolulu, this 12th day of Novem 
1833. 

Kauikeaoui 

Ohapier XLIII. — Law respecting the pay of police officers for seizing foreigrun 

At the present time many of the police officers are blamed 
spoken eyil of, and it is said that the^^ entice people to violate the 
and then seize them to . obtain their money, and some are se 
unguilty, and consequently much evil results. In consequence of 
conduct, or rather these charges, in a council of the nobles and of 
representatives^ the following law was enacted: 

1. If any police officer seize a foreigner for a violation of law 
that foreigner be fined, no part of the fine shall go to the police offi 
He shall be paid in another way. Nor shall any portion of the Gd 
to the judge, but to the Government only, according as the 
declares. 

2. Police officers shall be paid for seizing foreigners as folk 
When one is seized, the Government shall take the name of the ofi 
who seized him, and at the end of the year the governor shall see \^ 
officer has done the most business and done it best, and he shall li 
the most pay. and the officer who has done less business or not dot 
so well shall nave less pay. Ever^ officer shall be paid accordinj 
the amount of business done by him, and the correctness with w) 
he does it. It shall be proper to advance part pay to the officers be I 
the close of the year, for the relief of their necessities. But at 
end of the year full payment shall be made according to the excelk 
of their conduct. 

3. This law does not apply to deserters who are taken, nor doc 
apply to those who are taken for remaining on shore at night ai 
the hour specified. The officers shall have their pay for these oa 
the money paid for them. 

When this law is orinted and put into the hands of the police offio 
it shall then take enect at all places in this archipelago. 

All the words of this law nave been approved by the nobles i 
representatives. We have therefore hereunto set our names on t 
31st day of May, in the year of our Lord 1841, at Lahaina, Maui. 

Kamehameha IIJ 
Kekauluohi. 

1842. 

In the month of April, in the year 1842, the house of nobles i 
house of representatives assembled in accordance with the requisit 
of the constitution, the place of meeting was Luaehu, on Maui. F 
Kanoa was chosen clerk for the nobles and Kapae the clerk for 
house of representatives. The following are the laws and resol 
passed at this session: 

Chaptbr XLIV. — A law respecting banished persons. 

Some persons who are are banished to another place are exceedin{ 
mischevious during their stay there, while others live very quiet 



HAWAHAK IKVE8TIGATI0K. 829 

b therefore proper that they should be dealt with according to their 
havior. These are the reasons for the enaction of this law. 

I. If a man be banished to another place, and he go in accordance 
ith the sentence of the law, and live auietly, maintaining a good 
ancter as one endeavoring to forsake nis evil habits and change 
em for the better, if the nobles hear of this, it shall be proper for 
em at their annual meeting to institute an examination ana make 
quiry and if they find that what they heard was true, they may 
en grant a pardon to said criminal. 

The man shall be confined no longer at his plac;e of banishment; he 
ay return to his own place. This, however, does not apply to those 
bo are banished for adultery. 

II. If a man be banished to another place, the Government shall 
ipply his food for the first six months, and tne man shall cultivate 
ke groand for himself, and when the six months mentioned above are 
qptred, the government will aid the man no longer; he must support 
im^elf. And when the term of years during which he is to resioe at 
is place of banishment is nearly expired, he shall then cultivate and 
are for the Government a certein quantity of food, equal in amount 

> that which had formerly been f urnishea him by the Government 
ut if be do not leave this amount of food for the Government, he 
M Dot have his liberty. 

in. If a man be banished to another place and abscond (from his 
bee of banishment), he shall receive 25 lashes and be returned agaiq 

> hLii place. If he abscond again, he shall receive 50 lashes. And the 
omher of lashes shall be increased in the same ratio for every time 
lat he abeconds. 

In consideration of this law it will be wise for all banished persons 
) industriously cultivate the ground, that thejr may live pleasantly. 
or if they do not grow food themselves, they will have notning to eat 
xeept the wild fc^ of the mountain, the kupala and other things 
rowing wild. 

IV. Furthermore, if a man while living at his place of banishment 
ooducts mischievously, he shall be flogged at tne discretion of the 
iidges, though the judge shall not indulge revenge but shall pass just 
entence. 

All the words of this law were approved by the nobles and also by 
be representative body; we have therefore hereunto set our names on 
hii 27th day of April, in the year of our Lord 1842. 

KamehXmbha in. 
Keeaulouhi. 

Chaftkr XL v. — A new law relating to the business of the tax officers. 

On account of the frequent difficulties that occur between the people 
fid the tax officers respecting the falling of the signal, and respecting 
be time of leaving work, anarespecting a variety of other things done 
K the tax officers, therefore [it is enacted]: 

L That the whole thirteenth section on the eighty-seventh and 
nghtreighth pages is erased, and also the words ^' half a dollar, fourth 
HE dollar, ei^th of a dollar," in the third section of the third chapter. 
Kni the man who does not go to work on the labor days of the King 
uidof the land agents shall be fined as follows: One-fourth of a dol- 
bi. But if the man arrive at dinner time, one-eighth of a dollar is the 
If he arrive just after the falling of the signal of the tax officer 



330 HAWAIIAK INTESTJQATIGN. 

at 7 o'clock, he shall pay a sixteenth of a dollar. A man 1 
gives previous notice that ne shall not go shall pay 1 rial. The 
officer and the land agent shall not refuse that sum. 

II. Furthermore, it shall be the duty of the officer to consider M 
number of men is necessary to aceomplish the proposed work, an) 
the designed work be finished before the specified time the people i 
nevertheless return; and so also if the specified time arrives and 
work is not finished they may still return. 

III. Furthermore, the cultivation of land and other kinds of h 
ness done for the tax officers shall not be required to be done j 
distance, but only at places near where the people live who do 
work. Though if the King have labor to be done which can noj 
accomplished by the people of that particular place, then all the pej 
of that county or of that township may be called to do that partic 
labor, but when finished the work shall cease. But if work l)e q 
in this way the signal shall not fall at the place of labor, but at a p{ 
near the residence of the people. 

IV. Again, if there is a difficulty in relation to the proceedind 
the tax officer in any of his transactions, he shall then be brougnj 
trial before the governor and an unbiased jury, and if the tax ofl 
be found guilty he shall be fined $10, to be deducted from his ye^ 
salary, and that money shall be paid over to the school agents and \^ 
he perceives the teachers to be in want he shall give it to them. | 
if ftie decision of the governor be thought to be unjust, the ca<e ij 
be appealed to the supreme judges. If the tax officer be afterwii 
guilty of a second offense, his office shall be taken from him. 

V. If the tax officer prolong the labor after the time specified 
law he shall be condemned on a trial before the governor. J3ut if | 
people leave the work without being dismissed by the tax officer tl 
shall pay a rial each. But if one creates confusion among the labot 
or call out that the labor is ended and thus stop others in their wd 
$2 is the fine of the man who conducts thus. 

This act having received the approbation of the nobles and alsd 
the representative body, we have hereunto subscribed our name:j 
this 29th day of April, in the year of our Lord 1842. 

Kamehameha U] 
Kekaiiluohi. 

Chapter XL VI. — A law resp&Uing prisoners who abscond. 

If a man be brought to trial and condemned and his punishment 
assigned, then if said prisoner absconds in order that he may e.sa 
the punishment, he shall, when found, receive an additional puiii 
ment. He shall have twenty -five stripes laid upon him, though i 
judge shall have a right to reduce tnem to twelve. After havi 
received these the first sentence shall then be executed upon bi 
either by fine or hard labor, according to the original decision of I 
judge. 

If he abscond again, after having been once punished, he shall tl 
receive double the number of stripes which he received before, ^ 
thus the stripes shall be increased every time he absconds. 

This act was passed by the nobles ana representatives on this 3d i 
of May, in the year of our Lord 1842, at Lahaina, Maui, and we ha 
therefore hereunto suffixed our names. 

Kamehameha HI. 
Kekauluohi. 



HAWAHAN rNVESTIQATION. 881 

Chapter XLVII. — A law for the rtguUtiion of court,. 

There are two distinct kinds of courts. One kind where the judges 
tax officers decide the case by themselves, and the other kind where 
fv (.-an not act bj" themselves, but certain other persons must be asso- 
:r»Hl with them. These persons who are associated with them shidl 
^••titute the jurj'. 

riie suits where the iudges and tax officers may by themselves alone 
>* -4ntence ai-e as follows: 

I. All suites relating to assessments and taxation, and the disposses- 
i-n of lands^ and the negle<*t of lands, and, indeed, all the business of 
i^ tax officers, they may transact without the aid of a jury. No 
;r>>areto sit with the tax officers; but if the case be not settled satis- 
^•torily it may be appealed, according to the privilege granted in the 
•o^titution. 

r. The judges also may try suits brought for small offenses. There 
iidl be no jury in such cases; but for trying high crimes there must 
: :i jury impaneled. This is the limit: If the line or damages amount to 
N* than $1(K) then the judges caji try the case themselves; but if they 
2K>unt to more than (100, must be a jury. The same also is the case 
\ respect to the supreme judges. If the fine or risk of property 
:uouiit to more than $100 a jury shall be impaneled. In this archi- 
»'Li^ DO man shall suffer the penalty of death or banishment, or any 
tht-r punishment of like magnitude, unless a jury be impaneled and 
yv condemn him. 

:\, But if a man be brought to trial for any minor offense and he 
•Hre a jury there may be one allowed him. But he must first pay 
wU) the hands of the judge $25, and then a jury shall be impaneiea, 
nd at the trial if the man demanding the jury be not condemned, then 
> aljove-mentioned $25 shall be restorea; but if the person demand- 
\Z the jury be condemned, then he shall suffer the loss of that money 
Q ixidition to the fine for his crime. 

4. If the amount of property involved in a dispute exceed $100 it 
bll be settled as follows: The plaintiff shall exhibit in writing a par- 
>*ukr account of the dispute and shall pay into the hands of the judge 
he .^am of $100. On demand of the defendant there shall be given 
m a copy of the complaint, and a legal jury shall be impaneled. 
\tthe trial the jury shall decide who shall- suffer the loss of tne $100. 
Bet if the trial be before the supreme judges, then the appellant shall 
tt^t pay $200 and the jury shall decide who shall suffer the loss. 

5. At all trials for civil actions the costs of court shall first be paid, 
ifter which the sentence of the jury shall be executed. If the prop- 
irtv be insufficient the parties shall suffer that loss — the expenses of 
^ jary and court shall not be left unsettled. 

♦^. If a man be tried for a criminal offense, and he desire counsel, he 
liiy select whom he pleases, though he can not select a man of bad 
rbncter, nor one wno uses bad language, nor a man disapproved by 
tfc'JQdge. 

7. If a witness come forward upon the trial of an important case he 
^11 not be allowed to testify until he has taken his oath [or affirma- 
■^•n) on the Word of God to speak the whole truth with which he is 
ii^oainted, after which he may testify to what he knows. 

\ At all courts it shall be the duty of the judge to preside and kera 
onkr, and if anyone insult the court or create disorder he may be flogged, 



832 HAWAIIAN INVESTIGATION. 

confined in irons, or fined, according as the judge shall perceivo 
necessary in order to preserve the order of the court; though 
punishments shall not be inflicted by the inferior courts but mere 
courts held before the supreme judges, or before the governor, 
the accused person make disturbance, or use insulting or reviling 
guage, the judge may, in addition to the above, assign him a coun?^ 
and then the trial shall proceed though the criminal shall be taken i 
to another place, and the counselor onlv shall be permitted to s]J 
the criminal shall not speak for himself at all, and no one excepj 
counselor. 

9. At all jury trials the judge is to decide as to the applicatid 
the law. He is to explain the meaning of the law. That is no 
department of the jury. If the jury wish to know the law the j 
may give them information and explain whatever is not clear, 
business of the jury shall be to listen to the testimony of the \^itnl 
and search for the truth. If from what they hear, and the reseni 
they make in their reflections on the pui-port of all that comes to j 
knowledge, they think the accused person has done what he 
accused of, then the jury shall say: '*The complaint is sustained! 
man is guilty." But if they are m doubt, and think, as they li>t^ 
all the testimony, that the man was falsely accused, the jur}' shall 
say: "The complaint is not sustained, the man is not guilty.^' If 
are agreed that the man is not guilty, then that is the end of the 
ter; but if they say the man is guilty, then the judge shall de* 
the punishment as he shall see is required bv the law. If he \\ 
doubt on the subject, he may postpone the aecision for further 
sideration and make it known at such subsequent period as he i 
choose. 

10. If a man be tried before the judges, or before a governor, i| 
man consider that unjust sentence has been passed upon him, it \ 
in that case be proper for the man to appeal. He must, however, 
pay the fine to the judge if the punishment be a fine, and if at the 
trial the man be cleared his money shall be restored to him i 
interest. But if he were sentenced to labor or banishment, he i 
not be compelled to labor or sail, but may wait the result of his ai)| 
He must, however, pursue the following course: The criminal e 
find for himself a oondsman, a man of property; this man of p 
crty must give to the judge a bond of the following import: 

I hereby promise to be responsible for , and at the time for his 

in the month of I will deliver him to the court But if he abeoondp an 

not appear before the court, then I will pay to the judge the sum of I — —. 

The number of dollars mentioned in the bond shall be a little n 
than the fine for the offense [or proportioned to the crime], j 
when the time of trial arrives, if the criminal do not appear be; 
the court, then the bondsman shall pay the amount specified in 
bond. But if he can procure no bondsman, then he shall be kepi 
prison until the time of trial. 

11. In the month of June of each year the supreme judges si 
assemble at Honolulu, prepared to try any cases which may be appei 
to them according to the requisitions of the laws. 

The same also at Lahaina in the month of December. There si 
be two sessions of the court in each 3'ear, one at Maui and the oi 
at Oahu. If any person present a case for trial at any other tinii 
will not be tried until the prescribed period. And they will not br 



HAWAHAK rNTESTiaATIOir. 888 

m 

r c-ase to trial of which they are not informed at least one month 
'rious to the session of the court. 

li. The jury shall be appointed in the following manner: The gov- 
\oT of the island of Hawaii and the representatives of that island 
kll unite and select forty wise, reflecting, just men, not foolish men, 
\ men of anger, not intemperate men; they shall select none but just 
D. and shall write their several names on separate pieces of paper 
tb«' same kind and shall deposit the papers in a box. When prepa- 
ion is making by the governor for an important trial, then the box 
dl l»e carriea into his presence and the tax officer or some other 
icfr shall draw out twelve names without previously looking at 
4n. These men thus drawn shall constitute the jury for that court. 
[Z. The manner of forming a jury at Maui, Oabu, and Kauai shall 
tho same as that prescribed for Hawaii. There shall be no jury 
lb hack in the country, but only at the residence of the governor and 
hi"* presrcnce. If the supreme judges bring a man to trial who has 
^n previously tried b}r a jur}^ no man who was on the fonner jury 
ill l»e permitted to sit upon the new one. An entirely new jury 
ill be arawn. 

14. The pay of every native man called to sit on a jury shall be a 
irter of a dollar per day. But if the trial be before the supreme 
ijres then the pay shall be half a dollar per day. If the trial be for 
iriminal offense and the complaint be not sustained, then the ^ov- 
unent shall pay the jury, bo also, if the trial be for a high crime, 
A the man is condemned to suffer death or banishment or to work 
brd labor, in all such cases the government shall pay the jury. 
tt for small offenses, punishable by fine, where the man himself 
mands the jury, in such cases he shall pay them, but from the $25 
enously paid into the hands of the judge. 

1^. Foreign juries shall be appointed in the following manner where 
prn are sufficient number of foreigners. There are only two places 
i«*re there is a sufficient number of foreigners to justify the holding 
a sesi^ion of the supreme court among them, for in capital crimes 
p jun' must never be less than twelve m number. In case of other 
teo'^es the number may be less, but never below eight. The follow- 
f persons shall select the jurymen, viz, the governor, the tax officer 
the place, and the representative and representatives of that par- 
mlar island, and tiiey snail be selected in the following manner: The 
^tinting officers shall assemble and call to mind sucn foreigners as 
v" jii^t and quiet in their lives, not angry persons nor drunkards, but 
r\i as are thought to be wise and lovers of peace. The names of 
ie>e persons shall then be written separately on small pieces of paper 
' the 8ame kind, and the napers shall be put into a small box pre- 
^n^l for the purpose. On Oahu there snail be forty selected, on 
hui fifteen; on Hawaii and Ejiuai it shall be discretionary with the 
)vemor8. 

1^5. When the time for a session of the court approaches, then the 
I officer, or some other officer in his place, shall draw out six or 
lorp names, according to the necessities of the court, though the 
Diuber drawn should always be something greater than the number 
K^uired on the jury, lest some fail and the court be embarrassed. If 
!»<* jury be constituted of foreigners only, then there shall never be 
^'i than eight. If the lury be constituted of half foreigners and half 
Btires, the foreigners snail never be less than six, and the same also 



334 HAWAIIAN INVESTIGATION. 

« 

of natives. Furthermore, if a foreign vessel be at anchor at the p 
of the court and the governor choose to appoint the captain or a 
tains on the jury, he shall have a right to ao so. This is to be 1 
entirely to the discretion ^f the governor, he considering the natij 
of the difficulty. 

17. At the time of trial, if any one of the jury who was prop 
summoned do not appear, he shall be fined |lO, though the ]u< 
may excuse him if there is sufficient cause; but the jurymen inuj^t 
notified at least forty-eight hours before session oi the court, 
officer shall show him a subpoena. Wiien the jury assembles, tlier 
there be exhibited just cause why any one of the jury should not 
or good evidence that he is unjustly prejudiced, then the judge al 
look at the case, and if he consiaer the accusations to be well ground 
he shall set that juryman aside and another shall be put in his pla 
But no one shall be set aside if the judge consider tnat there i> i 
sufficient ground for it. 

18. When the jury is organized, they shall then be sworn to 
according to what they shall conscientious^ believe to be truth ^ 
without bias, and to condemn him whom they really believe to 1m^ 
fault and justify him whom they really believe to be just, listenind 
the testimony of the witnesses and reflecting well on everj^thing wh 
has a tendency to establish the truth. 

They have nothing to say respecting the law. That is the dops 
ment of thg judge. He shall determine the meaning and he shall p 
nounce the sentence of punishment. 

19. All foreigners who act on a juiy shall be paid for their son i| 
$1 per day. It the trial l>o one of great importance, so that $2(hi | 
previously paid into the hands of the judge, then each jur^'man slj 
receive $2 per day. 

20. AVhen a man is tried for a capital offense, he shall not l>o <^ 
demned to die unless the jury is perfectly agreed But in trials 
the other crimes three-fourths of the jury shall be sufficient to doc 
the case. But if three-fourths do not agree, the judge shall h^ 
power to send them to a tight room, shut the door, set a guard, i 
confine them there until three-fourtbs are agreed. The judge shall 
this respect act in his discretion. 

21. If the judges are about to bring a man to trial and any peri 
is supposed to be acquainted with facts connected with the atiair 
shall be proper for that man to attend the trial and give in his tei 
mony; and if he be subpoenaed by the judge to attend and he does j 
go, he shall be punishea to a degree proportioned to the importai 
of the trial, but it shall not be less than $10, and may exceed to a 
extent to which the judge shall think proper. 

If the witness do not wish to ^o he may refuse, unless he be notii 
at least twenty-four hours previous to the trial. 

22. If the accuser and the accused be both foreigners, then the ji 
shall be made up of foreigners only. 

If there be no foreigner on either side, then there shall be no fi 
eigner on the jury. . 

If there be a foreigner on one side and a native on the other, then 
forming the jury half shall be foreigners and half native; but if I 
foreigner accused be a Frenchman, then this law respecting the fom 
tion of the jury will not be applicable. (See French treaty.) 



HAWAIIAN INVESTIGATION. 885 

All the words of this law having received the approbation of the 
>Jes and representatives, we have hereunto set our names on this 5th 
y of May, in the year of our Lord 1842, at Lahaina, Maui. 

£aH£HAM£HA IU. 

Kekauluohi. 

Chapter XLVIII. — ProdamcUion, 

Know all men whom it may concern, that from and after the 20th 
Y of the current month all government property shall be set ap^rt by 
A{ and shall be entirely at the direction of the national council, and 
' portion thereof shall be appropriated except by consent of this 
un<*iL Neither the King, premier, nor any governor, nor any other 
r>on, can take for his own personal use any government property; it 
all be held sacred to purposes of government, and all such property 
ill he committed to tne care of a national treasury board. 
And it is hereby proclaimed that the government will never pay any 
'lit contracted even by His Majesty the King, nor by the premier, 
>T by any governor, nor by any other person, unless the debt be con- 
noted through the treasuiy board ana the obligation have the signa- 
re of the ^ng and premier. 

Whoever contracts a debt he alone shall be liable for the debt, and 
> property alone shall go for the payment of it; and, lest there should 
i mistaken opinions as to what kind of property may be seized for the 
i\ ment of debts, it is hereby clearly proclaimed tnat lands and fixed 
r«.»perty upon them can never be sold at auction, neither can they be 
F'rraanently transferred. They can not even be leased for years with- 
lit the consent of the King and premier. This kind of property there- 
>re i*an never be seized for debt, for the government has never relin- 
lii-hed its right to the soil; but, nevertheless, if a man have no per- 
>uil estate, the land and fixed property upon it may be sold at auction 
Q this condition, that no person can be the purchaser except a native- 
cvm citizen, and the right of him who purchases in this manner shall 
e the same as the right of other natives to their lands. 

And if any governor, judge, tax officer, or any other government 
pent embezzle the government property or appropriate it secretly to 
i'* own use, or whoever shall refuse to pay it over to the treasury 
oard — whoever shall do any of these things shall be punished as in 
b* of theft, to be tried and convicted by a competent court. 

So also in case of peculation, embezzlement, or fraud in the treasury 
oard or in either of them. He or they shall be tried as in case of 
lH»ft, and on conviction shall be liable to the same punishment. 

This proclamation having received the approbation of the nobles 
ml representatives, we have hereunto set our names, this 10th day of 
iar. in the year of our Lord 1842, at Lahaina, Maui. 

Kamehameha III. 
Kekauluohi. 

'"'haptkr XLIX. — An act for the regulation of taxes j duties j and government property. 

Not even wisdom itself can give protection to a nation without a rev- 
nue. Money is in many cases the same as strength, and the nation 
ierpfore has energy in proportion to its revenue. It is also a well- 
htahlished principle that the people ou^ht to aid every object which 
Kfor the benefit of the country, and it is also the duty of the rich to 
lo more than the poor, for thej"^ enjoy more. 

At the present time the government is embarrassed and its em- 



336 HAWAIIAN INVESTIGATION. 

barras8ment will increase unless the revenue be increased. In cob 
eration of these thin^ the following law is enacted: 

1. The law respecting the land tax for the.year 1841 still remain 
force for the current year. The third section, however, found on | 
68, is repealed. Arrow root will be no longer received for taxes, 
it is an unprofitable article. 

2. The officers and jyeople are hereby informed, however, that tl 
is a new article which is very valuable, and that is coffee. The pe] 
would do well to pay their land tax in coffee rather than in swine, 
ticularly in places well adapted to the growth of coffee, and thoj* 
sons who are in pursuit of wealth would do well at the present tim 
planting coffee. Those who raise coffee will find it the same to t 
as money. The price allowed the present year wDI be 5 pounds t< 
dollar. But that price will not be permanent; it will fall at no 
tant period. 

3. A new tax is also to be assessed on the stores and victualing hoi 
If any foreigner or native own a store in any part of this arcnipel 
if it be a wholesale store it shall pay a tax of $25 per year, and 
owner shall receive a wholesale license. But if the store be of a do 
character — that is, wholesale and retail — the tax shall then be^i)! 
the owner shall receive both a wholesale and retail license. 

If any man own a retail store, where goods are not sold bj^ the 1 
quantity, the tax of that store shall be $25, and the owner of it 
receive a retail license. These shall be the rates of taxation f( 
stores of every kind. But no unlawful article can be vended in t 

If any man keep a public house for the entertainment of captaij 
vessels and gentlemen of the higher class, that house shall be t^ 
$40 a year, and the owner shall receive a license to keep a hous 
entertainment. 

If a man keep a victualing house for other persons than captaii 
vessels or persons of distinction, entertaining only those of a k 
class who wish admission, such a house shall be taxeci only $25, and 
owner shall receive a license to keep a victualing house. Bui 
unlawful article shall be furnished in said houses. 

4. This law shall take effect at all places on these islands on th 
day of July of the current year, and aftor said day^ there shall n 
store, boarding house, nor victualing house kept without a licen>i 
specified above, and whosoever shall keep a store or boarding hi 
after said day without a license shall be fined $100, and all the d 
purchased by the people shall be confiscated. The kapu shall m 
proclaimed, however, after which the seizure may be made. 

5. It is furthermore enacted that all persons keeping houses of ei 
tainment shall keep good in their houses. 

There shall be no noise or disturbance; and it shall be proper foj 
government to station officers to see to the character of said hoj 
and if any keeper of a house oppose the officer who is stationed to I 
to the house, or if he keep a noisy and disorderly house, the Iicen:| 
said house shall then be forfeited. 

6. Foreigners from other countries shall never be required to ^ 
poll tax, but their property is liable to taxation, and therefore! 

1)resent law is passed. But those foreigners and natives who I 
eased land with the consent of the King and premier of the Kingd 
and have erected stores on said land, they shall not be taxed accon 
to the above requirement, but licenses shall be given them witl 
pay. 



HAWAIIAN IKVXSXIOATIOK. 337 

I It k furthermore enacted that from and after the first day of 
r.iJirv, in the year 1843, there shall be an ad valorem duty of 3 per 
rt hiA on all goods, wares, merchandise, and on eveij article of 
iV imported to these Hawaiian Islands from foreign nabons. Xone 
th^ above articles shall be landed in these shores until the duij be 
id. or bonds for payment be ^ven, and the harbor master has given 
i ioDi»ent, and he will not give his consent unless the owner of the 
i.pertT conforms to the above requirement. 

Bt-specting times for paying duties, see an act passed May 9, 1S39. 
\ If any violate this law, and land goods without paying the duty 
without' the consent of the harbor master, or if a man in any way 
; the law aside, all the property which is improperly landed s£all be 
jed and confiscated. 

k The eighth section shall not be considered as applying to whaling 
\l^ that anchor for the purpose of refreshments. It shidl be proper 
: them to barter at pleasure for refreshments and whatsoever is 
>»Nsanr for their vessels. But if they sell cloth or any other article 
>hore and receive money in payment, then such sookIs shall pay a 
ty. And if any captain of a wluiling ship seU in uiis manner with- 
t tii>t paying the duty his ship wu thereby become a meix!liant 
p, and the captain shau moreover be fined the sum of $50. 
[ \ There shall be no export duty on any of the productions of these 
md^. But if any one carry silver or gold out of the country, who- 
?r does this shall pay an export duty of 3 per cent; and whosoever 
lU i.'ATTx money out of the country in violation of this law shall be 
1^ ]\i<t such an amount as he carried away. 

11. If goods are brought here from foreign countries and deposited 
th the design of exporting them again, those goods shall pay duties 
e 'ill others; but if the owner give notice in writing that they are 
f xportation, he shall then be entitled, when they are taken ftwav, to 
^ive back 2^ per cent, leaving one-half per cent transit duty. This 
ill apply to every kind of property that is landed, but the collector 
< u^toms must direct in relation to the storage of such eoods. If 
>!•« are brought into a harbor for reshipment, they shidl pay the 
^r transit duty as if landed. 

,1 It shall be the duty of the governor of each particular island to 
tbi< law executed at his place. The governor shall establish such 
»trs as are necessary, and shall give the licenses to keepers of stores 
! h«>asesof entertainment, and he shall pay the moneys into the 
Lt> of the treasury board. 

>. It is further enacted, in relation to aU ships which anchor at 
Liina^ that whereas masters of ships have uniformly refused com- 
!i:. »' with the quarantine laws, ana the expense of examining their 
Y- has therefore fallen on the Government, and whereas the income 
^h^ Government is not so great as the exjpense incurred, therefore 
gj thU time potatoes will not be presented in the manner they have 
■T-rrly been. Ships will, however, continue to pay flO each for 
i-ni^e, after which trade on shore will be free. 
ill the words of this law having been approved by the nobler and 
*i^ representatives, we have hereunto set our names this 11th day 
)lay, in the year of our Lord 1842, at Lahaina, Maui. 

EaH£HAMEHA UL 

Eekauluohi. 
H I— FT 3—03 m 



838 HAWAIIAN INVE8TIGATI0W. 

Chapter L. — A resolve in relation to the appointtnerU of a ffovemmeni wterpreUf am 

recorder. 

Whereas this government in its connection with foreigners is oft 
embari*assed for want of acquaintance with routine of business in otb 
countries, it is therefore hereby recommended, 

That His Majesty the King should appoint some f oreiffner as recoi-^l 
and interpreter for the government. Mis business shall betosu(>er| 
tend the arrangement of government documents and act as interpre 
at all trials of foreigners before the supreme judges. 

He shall also give information as to the manner of conducting bi 
ncss in foreijjn countries. He shall also be present as interpn* 
whenever His Majesty transacts any government business with a 
foreigner, and it shall be his duty to give information on the sub] 
of that particular business as done in otner countries. 

It shall be his duty to attend on trials before the governors, wh< 
ever directed by His Majesty, and inasmuch as there is often gr 
embarrassment from a misunderstanding of language, or from the r 
ignorance of the interpreter, it will therefore be particularly pro] 
for foreigners who wish to speak to His Majesty on any business wh 
requires his official action, to first call on the legally appoini 
interpreter. 

This resolve of the house of nobles and the house of representati 
has received our sig^nature this 12th day of May, in the year of ( 
LfOrd 184:2, at Lahaina, Maui. 

Eam£HAM£Ha m 

EEKAUIiUOHI. 

Chapter LI. — Qwxrcmiine lav», 

I 

Whereas it has been clearly ascertained that the smallpox has d 
vailed on one or more ships now cruising in the Pacific Ocean, wl^ 
may be expected to visit the Sandwich Islands, and whereas that dis^ 
is understood to prevail at the present time in ports on the westi 
coast of America, frequently visited by ships on their way to 
Sandwich Islands, and whereas that disease is extensively prevalenj 
some of the islands of this ocean, therefore be it enacted by the not 
and the representative body in council assembled: 

Sec. I. Respecting pilots. — 1. That every pilot shall ex oflicio c 
stitute one of the boards of health for the ports where they reside. 

And it shall be the duty of all pilots at all ports of the islands w| 
they see foreign vessels approaching to go oflf immediately and \'\{ 
the windward side of the vessel, but not ward her until they have i 
presented the captain with a blank certificate as follows: 

I^ J master of the ship of , hereby moet t 

declare that the name of the port at which the vessel nnder my command 

anchored or hove to was , which port I left days ago. I dill 

hear that any contagious disease was at that time prevailing there or at any p 
nearhy. No man on board my ship has been seized by any contagious disease 
have I heard of any such disease on board of any vessel that I have spoken on 
way to this place. No man has died or been sick of a contagious disease on board 
vessel during the last six months from date thereoL 

On board ship . — ^ , 

MasU 

When the captain has filled out the above blank and subscribed 
name below, then the pilot may board the vessel and she may anch 



HAWAIIAN INVE8TIGATI0K. 339 

be pRot shall also deliver to the captain a white flag wMch he shall 
>p flying at the main for half an hour, at which time the flag shall 
'^ returnra. By the hoisting of such a flag it is clearly declared that 
['t> ?hip is free from contagion. 

If any pilot violate or disregard either of these requisitions he shall 
»• lined $10 for the first offense. If he be guilty a second time he 
UiW be fined $20, and in this ratio shall the fine be increased for every 
iv-tvxMve offense committed. 

:'. If the captain do not put his name to the blank certificate men- 
i«>ned above, then the pilot shall deliver to him a black and yellow 
litT. two-fourths black and two-fourths yellow. And the captain shall 
[•n>t said flag at the main. And the vessel shall not anchor until the 
^^rt physician visit the ship, and he together with the pilot shall direct 
chore the ship shall anchor. 

If any pilot shall bring a ship to anchor in violation of this requisi- 
!i>n. or knowing that there is just ground to suspect that there is con- 
±j:u*n on board, then such pilot shall be fined $500. 

:i. If the pilot or port physician board any ship and afterwards dis- 
>»ver that the ship b of a contagious character or such a ship as is 
Li^Ie to quarantine, in that case the pilot and physician shall be quar- 
r.tined; they shall remain on board tne vessel and not return on snore 
iDtil such time as it shall be free for the captain and ofiicers also to 
oiue on shore. 

^Vhenever pilot or physician violates this law he shall be fined $500. 

:>EC. n. Boats ana canoes vroJdhited from visitiiiq strange vessels, — 
. After the promulgation of this law, all canoes and boats and all per- 
uiH not antoorized by the board of health are prohibited from visit- 
n'y any foreign ship whatsoever until she shall have been examined by 

health officer or one of the board of health, according to the above 
^uL^itions, and the white flag has been hoisted, after which she may 
►? visited. 

Whoever shall visit a vessel in violation of this law shall be fined 
'^^K one-half to be paid to the Government and the other half to the 
rtfomuint. 

tf. if one is accidentally brought in contact with a contagious ship, 
^r \mng on board discover her to be so, or then ascertains that she is 
iuarantined, in such case he shall remain on board said ship, as is 
Vfjoired above of the pilot and physician. Whoever violates this law 
Lall be fined $500. And if anyone be discovered while in the act of 
riolation, or while in the act of leaving a quarantined vessel, it shall 
V lawful to fire upon him or do whatever is necessary in the judgment 
)f the governor or superior officer. 

Sec. III. Of shipmasters and of foreign ships visiting the islands. — 
I. It shall be the duty of all shipmasters to examine carefully the 
r^l'ink certificate handed them by the pilot and to fill out said blank, 
md then put the name and date. And this shall be done under the 
lame liabilities as if under oath. But if the captain is unable to sub- 
<ribe the certificate on account of its not stating the truth in relation 
10 his vessel, it shall then be returned to the pilot. Whatever captain 
refuses obedience to this law, or subscribes his name to a falsehood, 
^all be fined $500. 

2. If any master of a vessel refuses obedience to the requisitions of 
the health officer, or anchors when forbidden, or does not hoist the flag 
required by the pilot, or refuses obedience to any requisition of the 
joarantine laws, he shall be fined $500, 



340 H;AWAnAN I^rVESXieATION. 

And it shall be lawful for the governor to fire or do anything wh^ 
is necessary in his judgment in order to the execution of the laws. 

3. All vessels having had the smallpox or any other contagk 
disease on board, unless six months have elapsed since all appeanii| 
of disease ceased, are hereby prohibited from anchoring at any p^ 
harbor, or roadstead of the Hawaiian Islands until visited by a hcni 
officer or one of the board of health and received his approbate 
after which they may anchor. 

If any master of a vessel violates this law he shall be fined $5<M.). 

4. The pilot and port physician slmll have power to quarantine 
ships, as well vessels of war as others, provided they have come f r 

Eorts supposed by the board of health to be infected, or dangero 
ut after once put under quarantine they shall be under the direct! 
of the full board. And they may lengthen or shorten the time 
quapantine at their discretion. 

5. If a vessel be put under quarantine, the captain shall in the ci 
time keep constantly flying at the main a black and 3'ellow flaj^r, 
in the night at the same mast two lights, one above the other, 
shall not come on shore, nor shall he permit any person on boaixl 
ship to come, or to go on board of another ship; he shall permit 
article to be taken from his ship until such time as the boara of bea 
shall appoint. If any captain violates this law, or if an3' captain 
tempt to take his ship to a prohibted place, he shall be fined a th( 
sand dollars, and it shall be proper for the governor and those w 
have charge of the business to fine or take any other step whiclj 
necessary to force obedience to the requisitions of this section. 

All the prohibitions which apply to coming on shore, or brinrri 
any articles on shore, apply also to boarding another vessel or <-ar^ 
ing any articles on board. 

oEC. IV. Of passengers amd other persons on hoard qiiarant*i\ 
ships. — All restrictions which are laid on quarantined vessels whj 
come to the islands are also applicable to aH passengers and offit^^ 
and people of said vessels. Thev are all under the laws of the bo^ 
of health. If any one come on shore, or send any baggage or writij 
on shore, or go to any other vessel, he is guilty, and shall be fined 
the same manner as the captain would be, doing the same act. A{ 
whatsoever the captain is prohibited from doing, all people on Jxm^ 
his ship are doing the same. 

Seo. V. Prohibitions ajyplicable to all persons, — This last edict 
applicable to all that is said above. If any man does in reality vioiij 
any one of the above laws, and do it knowingly and with evilintcj 
and with the design of trangressin^ the law, and in consequence 
his doing thus a contagious disease is communicated on shore, who; 
ever does this is a murderer and shall be hanged. 

Seo. VI. Of health officers. — For the purpose of carrying thi.-? Ijj 
into execution, the governors shall appoint five health officers for eaj 
harbor of the Hawaiian Islands. Ana they shall have the direction | 
vessels in accordance with the above laws. And they shall have pow| 
to establish laws over all the people in times of danger from sicknevi 
and it shall be their duty to devise plans to prevent the introductl< 
of contagious and other diseases. And the governors shall also ai 
point port physicians who shall of course be members of the board \ 
nealth. And the port physician shall visit every vessel that is su 
pected of contagion, or where the black and yeUow flag is hoisted, \ 



HAWAIIAir INVESTIOATIOK. 841 

f the pilot call for him. And he shall look into the character of the 
i-pected vessel, and shall proceed according to the reauisition8 of 
h\< law, and shall make known to the board of health tne result of 
lL^ investigations. 

Hi< pay shall be $5 for each ship thus examined by him, to be paid 
>y the government 

By the enaction of this new law the former quarantine law is re- 

Ali the words of this law having received the sanction of the nobles 
in*l representatives, we have therefore subscribed our names to the 
time on this 17th day of May, in the year of our Lord 1842, at Laha- 
iia, Maui. 

Kamehameha. 

Kekauluohi. 

Chapter LII. — Additional school law. 

In the estimation of the nobles and of the representative body schools 
or the instruction of children in letters are of vast importance. We 
Lfv firmly determined to give protection to the schools and also to teach- 
r> of good character and aiBo to treat with great severity all those 
hho oppose schools or throw hindrances in the way of that business. 
h)e great evil of the past year has been that the teachers have not been 
>mperly paid. 

A portion of the balance belong to the parents. It is important 
but parents should have so much sincere regard to the welfare of their 
hildren as to influence them to attend to instruction. 

For if they are unable to read they can neither marry husbands nor 
4*\es; they can never act as land agents nor be employed in any office 
< iT others. The parents, too, must suffer inconvenience, for their 
M'U can not be increased, they can not fish gratuitiously nor take tim- 
•-r from the mountains without paying for it. It is therefore im- 
I'litant that parents should consider this subject well and stimulate 
^♦'Ir children to learn. 

It i< also the duty of parents to aid in supporting the teacher in such 
.Manner as shall be mutually agreeable and snould do it generously lest 
i.^ government be burdened. 

The land agents are also in fault for withholding land from the teach- 
th. Hereafter, if the general school agent app^ for land in accord- 
in< e with the provision of the school law, and the land agent refuses 
Lnilrtotually withholds it, it is a crime for which he shall be aispossessed 
ind hL<) land given to another. So also if they pay no attention to the 
[funeral school agents, as they travel round to regulate the schools. 

The tax officers are also sometimes in fault. If the general school 
t.*«nt call on him for government property, as he is allowed to do by 
^ hool law, and the tax officer refuses, ne shall then pay his own prop- 
> rt\\ liecause he has without cause withheld the property of the gov- 
ernment, the law shall be executed upon him. So also if he do not 

wild the schoolhouse according to the direction of the general school 

Another evil is that the officers give certificates of marriage to those 
' o can not read. The officers should carefully examine the law and 
•" *hho]d certificates from all who are ignorant of reading. 

Another evil is that the scholars in the schools are noisy. It is the 
: :ty of teachers to instruct the scholars in this particular and to con- 



842 HAWAIIAN INVESTIGATIOir. 

suit with the school committee on the measures to be pursued. T! 
government will always suppoit the teachers and school committ 
while they do well, for a school is of little value if the scholars are d 
orderly. There is but one right way and that is for the scbolar.N 
kindly and faithfully regard the instructions of the teacher. If t 
scholars conduct improperly they must be punished as the law requin 

Furthermore the school committee appointed in conformity to t 
law, while they perform faithfully their duties, shall be freed f n 
goin^ to the labor of the King and the Friday labor of the land agf^n 
Sut if there is any national labor to be done, they shall work on t 
appropriate days of the people, but not on the days of the King nor 
the land agents. 

It is furthermore agreed that there shall be two general agent'^ 
Hawaii the present year, and each shall receive ^5. The gent^i 
agent of Maui shall receive $35 and that of Molokai, $25; the one 
Oahu shall receive $80 and the one on Kauai $35, to be paid in Go 
ernment property, but not in money. 

These resolves, passed by the nobles and representatives, we here! 
approve and have therefore subscribed our names this 13th day of Ma 
in the year of our Lord 1842, at Lahaina, Maui. 

Kamehaiceha III. 
Kekauluohi. 

Cft AFTER LIU. — Amendments to he inserted in Law XXII, on page l^S. 

1. If any person enter a complaint to a judge of such a nature tb 
it is necessary to attach property for debt, it shall then be the duty 
the juc^e to cause such property to be attached as he is acquaint 
with. But if the plaintiff know of other property, he may give noti 
to the judge, who will cause that property also to be attached. But 
there be any subsequent difficulty in consequence of the attachmc^ 
having been wrongfully made, the blame and loss shall be od t 
plaintiff. 

2. When one person institutes a suit against another before a judj 
for debt, the juage shall then issue a written summons to the defoii 
ant requiring him to appear, and for said summons the judge shi 
receive $1, and the person who serves it shall receive 25 cents. T\ 
judge shall also receive $2 for rendering and executing judgment, 
property be attached and sold at auction, the judge shall receive (5 p 
cent on all the property thus sold. The witnesses shall also be r» 
according to the equisition of another law. [See Chapter XLV ! 
These riues of pavment apply to the trial of minor offenses, but not 
jury trials. If the debtor have sufficient property, he must pay ti 
costs. But if his property be not sufficient, then the plaintiff mu 
pay. Though if the debtor has not been in fault, the plaintiff sb 

Ey the coste; and if they have been alike in fault, then the cost^ shi 
equally divided between them. 

According to the decision of the nobles and representatives, t 
have given our assent that the above should be inserted in the form* 
law, and we have hereunto subscribed our names on this 16th day 
May, 1842, Lahaina, Maui. 

Kamehameha III. 
Kekauluohi. 



HAWAIIAN INVESTIGATION. 348 

Chaptsk LIV. — Burdens of the lower dosses. 

Previous to the eoactmeDt of the new code of laws on the subject of 
fixation every man was required to pay a poll tax of $1 annually. 

At the present time it is a dollar for one year and a half a dollar for 
rh^ next. 

FormerlT the tax of a common size farm was 1 fathom swine, 40 
Iara5, iO paus, 1 dog, 80 fathoms of fish line, and a fish net 800 meshes 
Ml length. This was the Goyemment tax. 

Now the whole of this taxation is abolished except the fathom swine, 
un 1 even that is reduced to half its former size every other year. 

Formerly, besides this government tax, there was another tax laid 
M the local governors, another by the higher landlords, and another 
<\W bv their subordinates. 

At the present time there is no assessment except for the govern- 
ment tax. No other tax can be laid. 

Formerly, if the landlord became dissatisfied, he at once dispossessed 
hi'- tenant even without cause, and then gave his land to whomsoever 
asked for iL 

At the present time that practice is at an end; lands are held by a 
.vtrong tenure; they can not be seized without cause. 

Formerly, a prohibition rested even on the ocean, so that men must 
not take fish from it. 

At the present the prohibition is removed, so that every man may 
take fish where he pleases with very few exceptions. 

Formerly there were distinct taxes on states, counties, towns, and 
districts. Now there are no such taxes; they are strictly prohibited. 

Formerly, if the king wished for the property of any man, he took 
it without reward; even seized it by force or took a portion only, just 
in action accordance with his choice, and no man coula refuse him. The 
-ame was true of every chief, and even the landlords treated their 
tenants thus. 

At the present time such conduct is all epded. No chief whatever 
has power sufficient to do it now. Should one attempt it, he would 
in>tantly cease to be a chief on this archipelago. 

Formerly, if a man had a number of children, they were a very heavy 
harden on account of their increasing the amount of his taxation. 

At the present time children entirely free a man from government 
work, also from the land tax and poll tex. 

Formerly the chief could call the people from one end of the islands 
t*) the other to perform labor. 

At the present time this is prohibited, and the people can be required 
to work only near by their home. 

Formerly, if the king wished the people to work for him, they could 
not refuse. They must work from month to month. So also at the 
call of every chief and every landlord. 

At the present time there is nothing of the kind. If any chief 
should attempt to pursue such a course, it would be a crime such as 
would free aU his tenants from laboring for him at all until the time 
^petified in the law. 

Formerly the people were regularly required to work every Tuesday 
and Friday — that is, four days m a month for the king and four for the 
iaodlord, eight in the whole, and as many more as the chiefs chose. 



344 HAWAIIAN INVESTIGATION. 

At the present time the whole number is limited to six days i| 
month, leaving twenty laboring days for the people. 

Formerly, it the people did not ffo to the work of the kin^ wl 
required, the punishment was that uieir houses were set on lire i 
consumed. 

Now, if they do not go they must pay a rial, or, at most, a quar 
of a dollar. 

But still, the people are wailing on account of their present burdr 

Formerly they were not callea burdens. Never did the people H 
plain of burdens till of late — till these dreadful weights mentio 
above were removed. This complaint of the people nowever woj 
have a much better grace if they with energy improved their time 
their own free days; but lol this is not the case. 

They spend many of their days in idleness, and therefore their Ihi 
are grown over with weeds, and there is little food growing. 

The chiefs, of their own unsolicited kindness, removed the griev^ 
burdens mentioned above. The people did not first call for a remo| 
of them. The chiefs removed tnem of their own accord, then»f^ 
the saying of some of the people that they are oppressed is not <• 
rect. They are not oppressed, but are idle. 

In view of these complainte of the people, and in view of their k 
ness on their own free aays, the following new law is enacted: 

1. If a farm be seen to be grown over with weeds and little f< 
upon it, and yet a good farm for cultivation, in such a case the ten: 
shall be dispossessed, though he shall not be dispossessed withou 
trial, nor at the mere suggestion of his landlord. The criminal |>er?i 
shall be dispossessed, whether it be the landlord or the tenant. 

2. Furthermore, forbearance shall be exercised for one year m<>| 
and then if the idleness of the people continues it shall be the duty 
the tax officer, whenever he sees a man sitting idle or doing nothi 
on the free days of the people, to take that man and set him at wri 
for the government; and he shall work till night. 

The landlords also may do the same with the tenants of their lar 
when they are idle. This law is passed on account of the idleness 
the people on their own free days. While they are at work for the 
selves they shall not be set to work for others. 

These enactments having received the sanction of the nobles antl t 
representative body, we have set our names to the same on this lr| 
day of May, in the year of our Lord 1842, at Lahaina, Maui. 

Ejlmehamkha 111. 
Kekauluohi. 

Chaptbr LV. 

Be it known to all whom it may concern, that the council of the Kin 
dom have come to a definite agreement to set apart all the governnuj 
property from one end of the islands to the other for such Dusinej>s i 
the government as shall be agreed upon, and for the payment of de\\ 
of the Kingdom, in order that the debts of the Kingdom may be cai 
celled at once. They therefore nominated officers to receive and p^ 
out moneys according to specific directions. 

\Ve do therefore hereby constitute you, Dr. G. P. Judd, Timothj 
Haalilio, and John li, a treasury boara for the Kingdom, and charj 
you to receive the poll tax, tfie poalua money, and all money pal 



HAWAIIAN mVESTIGATION. 845 

b'sr^id of the swine tax; also all money paid for cntninal offenses, the 
brHor dues and duties^ the land rents, and all tax money, and every 
Rind of property which can be made use of in paying government 

We also hereby charge the governore and all officers to give you 
imeiy notice raspecting such moneys and such property, and then you 
inll. at your discretion^ leave it for awhile or take it into your hands 
tiumedately. 

We furthermore charge you to execute this business promptly and 
faithfully* and in the month of April, 1843, render in writing a full 
ia*i>ant of all your doings. 

la testimony whereof we have subscribed our names at Lahaina, 
Maui, on this lOth day of May, 1842. 

KAHnCTTAMV.TTA TTT. 

Kekauluohi. 

At this meeting of the chiefs the following persons were appointed 
)tfi(-er8 of the Kin^om: 

The representative body appointed Paki, Kanaina, Kaauwai, and 
^apena assistant supreme judges. 

The King appointed Dr. G.r. Judd^ recorder and translator for the 
fungdom. 

Two or three other acts were passed which are not here translated, 
L? they were more in the form of advice and instruction than law, and 
i^ould be of no special interest to foreigners. 



Exhibit — . — Judge Humphreys. 

LKPROKY IN THIS CX)UNTRY— THERE ARE 278 CASES REPORTED IN 

THE UNITED STATES. 

The Secretary of the Treasury yesterday sent to the Senate the 
npi»rt of a commission of medical officers of the Marine-Hospital 
NTvicc appointed to investigate the origin and prevalence of leprosy 
m the United States. The report shows 278 cases of leprosy in the 
I'nitcd States, distributed by States as follows: Alabama, 1; Calif or- 
[iuu :i4; Florida, 24; Georgia, 1; Illinois, 5; Iowa, 1; Louisiana, 155; 
Maryland, 1; Massachusetts, 2; Minnesota, 20; Mississippi, 5; Mis- 
-uri, 5; Montana, 1; Nevada, 1; New York, 7; North Dako^, 16; 
Dn^jron, 1; Pennsylvania, 1; South Dakota, 1; Texas, 3; Wisconsin, 3. 

Of the total number, 176 are males and 102 females, 145 American 
i»>m, 120 foreign born, and the remainder uncertain. 

It k stated tluit 186 of the cases were contracted in the United States, 
^ .;t the opinion is expressed by the commission that this number is too 
tir^re ana that some of these cases were brought from abroad. 

Summarizing, the commission say that the number of cases is smaller 
(han is generally believed. They also say that leprosy is conveyed 
from one person to another in the United States, sucn conveyance 
<'\ng most markedly noticeable in the States in the Southern coast; 
that a large majority of the cases in the United States (33 per cent) are 
It large; that at present only 72 of the cases are isolated and provided 
f'»r by the States or cities in which they are located, and that many of 
the>e now at large, if not all, would be willing to be cared for by the 
piiWic if proper leprosaria existed for their treatment and comfort. 
fliO commission recommend the establishment of a retreat for lepers 



346 HAWAHAN INVESTIGATION. 

and express the opinion that it should be in the arid Southwest or 
a similar region farther north or on an island in the Gulf of Mexi* 
or on the Pacific coast. 

Of the 165 cases reported from Louisiana 101 are in New Orlea 
County and 87 in the leper home at Iberville. Of the 7 cases in N( 
York 4 are in Kings County and 3 in New York City. The conun 
sion express the opinion that the figures given do not represent t 
total number of lepers in the country, because they say that the loal 
some character of the disease causes persons affectecf to conceal it 
long as possible. The^y also express the opinion that it is ma^^t fi 
quently contracted by inhaling dust where lepers have been located. 

September 9, 1902. — At the leper settlemeiU, Molokai. 

Lepers: 

Males i 

Females \ 

Children, males 

Children, females 

Total 1 

Kokuas: 

Males 

Females 

Total 

Nonleprous children: 

M^les 

Females 

Total 



* 



Other well persons: 

Males 

Females 

Total 

Total at settlement I, ( 

CfiUdren sent to Honolulu, 

Octobers, 1901 

June 6, 1902 

June 9, 1902 

Total 

All sent to Kapiolani Home. 

Deaths at settlement for year ending August Sly 190t. 

Males 

Females 

Total 1 

Births al settlement for year ending August Ji, 190g. 

Males 

Females 

Total 

Legitimate 

Illegitimate 



HAWAIIAN INVESTIGATION. 347 

Exhibit No. 1. • 

rtirnoK of mks. pratt and mrs. wilcox praying reimburse- 

MENT OF THE QUEEN FOR CROWN LANDS. 

7^' fL' horwrcMe subcormnittee of the United States Senate Committee 
"(k Pacific Islanck and Porto JSico: 

The undersized re8i)ectf ally desire, with the consent of yoar hon- 
'•rahle committee, to join in the petition and prayer that Liiiuokalani 
ttt' :saitably and e<}uitably recompensed by the United States for the 
i*ii<s of her sovereignty, fees, emoluments, and perquisites as Queen 
of the Hawaiian Kingdom; 

And your petitioners humbly pray : 

That the Congress of the United States may, by such inquiry, 
research, and evidence as may be necessary therefor, determine the 
title in and to those certain pieces and parcels of real estate situated 
in the former Kingdom of Hawaii, now Territory of Hawaii^ known 
a> the '^ Crown lands" at the time of the assumption of title to and 
fontrol of the same by the United States of America, as also to the 
rPDts, issues, and profits thereof; 

That, upon so aetermining the premises, Congress of the United 
States may by appropriate and necessary enactment affirm such title, 
or if for any reason it shall be meet or the premises require, that it 
ihall provide for the payment of the value oi said "Crown lands" and 
of the rents, issues, and profits thereof in money; and 

That your petitioners may be permitted to hereafter submit, for the 
^consideration and aid of your committee, and of Congress, such fur- 
ilii^T record, evidence, or argument as shall or may be necessary or 
{•-rtinent to such inquiry ana finding. 

And your petitioners will ever pray. 

Elizabeth Kekaaniau Pratt. 
Theresa Owana Kaohelelani WiiiOox. 



Exhibit No. 2. 

T" the honorable Svboonvmittee of the United States Senate Committee 
"/# Pacific Mands and Porto Itico. 

(fkntlemen: The undersized, Emma Alexandria Kilioulaninuiama- 
mao Kalanikauikaalaneo Defries, your petitioner, respectfully submits 
th«* following facts for your consideration and judgment, namely: 

First. At the time of the overthrow of the Government of the 
Kingdom of Hawaii, the reigning Queen was enjoying the rents, issues, 
and profits of certain lands within the Kingdom called the "Crown 
hndi*/'* and covering nearly 1,000,000 acres and yielding an income of 
fc<.>,oOO,000. 

Second. The fee of said lands at the time of said overthrow was 
vtr<ted in the heirs of the Kamehamehas, to whom said lands originally 
li^-longed, and who set the same aside for their successors, who were to 
have simply a life interest in the same. 

Third, x our petitioner prays that the Government of the United 
Mates may recognize the justice of the claim of Liiiuokalani, our former 



848 HAWAIIAH IirVBdTIQATlOK. 

Queen, and grant her suitable compens^ation for the loss "v^hicl 
sustained through said overthrow of her Government; and your 
tioner further submits that the heirs to said ** Crown lands" si 
receive just compensation for the loss which they have sustained i 
absolute ownership which the Government of the United Stato^ 
established over said "Crown lands." 

Fourth. Your petitioner is a descendant and an heir of the K 
hamehas, as shown by the annexed printed statement of her pedi; 
to which she refers, and which she makes a part of this petition. 

Fifth. That your petitioner will suffer great loss and mjury , a 
has no remedy under the Constitution of the United States of t\u 
of the land, if the Government of the United States fail or refti 
make suitable compensation to her for her interest in the said ^' Ci 
lands." 

Wherefore your petitioner prays that some provision may be i 
for the payment to her. or her heirs or assigns, of such a ftui 
money as may be deemed lust and equitable. 

And your petitioner will ever pray, etc. 

Emma Alexandeia Ealanikauikaalaxko D&fries^ 

Petit i^f7*' 

Dated Honolulu, Territory of Hawaii, September 29, 1902. 

Territory op Hawah, Island of Oahu^ ss: 

Emma Alexandria Kilioulaninuiamamao Kalanikauikaalaneo Dof i 
bein^ duly sworn, deposes and savs that she has read the fon*^'-^ 
petition, and that it is true to the best of her knowledge and belici 

Emma Alexandria Kalanikauikaalaneo 

Kilioulaninuiamamao Defrie 

Subscribed and sworn to before me this 30th day of September, II 

[seal.] N. Fernandez, 

Notary PM-ic^ JFvrst Judicial Circuit, 

Territory of Uamv 



A beautiful HAWAIIAN OF HIGHEST ROYAL LINEAGE. 

Kalanikauikikilo Kalawaiakua Waikanakaole (w.) was the mothe: 
my great-great-grandmother, Kilioulaninuiamamao Hikaiwniniii (i 
first born to Kiwalao (k.), son of Kalaniopuu (k.). King of Hawaii 
the year 1764, lon^ after the death of Kuaiii (k.J. She grew up un 
the care of three high chiefs, Naili (k.), Kueue (k.), Iwikauikaua (w. 
Naili (k.), a brother to Kamakaimoku (w.>, wife of Kalaninuianiar 
(k.); Keuue, or Kaaokalani (k.), a son to Naili (k.), and a great-gii 
grandfather to J. Nawahi and others, and the third was a very h 
chief tess, Iwikauikaua (w.). Her heiau still recalls her memory in K 
Hawaii, where my great-great-grandmother. Kilioulaninuiainan 
Ilikawainui (w.), and her cousin, Kaleipaopao (w.), were both bronj 
up from childhood. She was married in the year 1780 to the ol/ 
warrior, Kapakapilinuiaehu (k.), grandson of Kalanikaumakaowal 
(k.) and son of Kauloaiwi (k.). In the year 1781 a son was born 
them. He grew up under the care of Kamehameha Kauokoa (k.) a 
his wife, Kfliwehi (w.). The latter died in Kaanapali district in I 
same ^jrear. She requested to have her remains buried at Pakaalaoi 
her birthplace. 



HAWAIIAN UTVESTiaAXIOlf. 349 

Exhibit No. 3. 

7^-- honorable subcomanittee of the United States Senate Committee 
♦ Pacijic Islands and Porto Rico. 

<tE5TLEmen: Tbe uodersigned, Henry De Fries, your petitioner. 

-{.tctfuUy submits the following facts for your consideration ana 

iirment, namelY: 

First. At the tune of the overthrow of the Government of the King- 

m of Hawaii the reigning Queen was enpying the rents, issues, and 
I :<*tit> of certain lands within the Kingdom called the ''Crown lands," 
-'»d covering nearly 1,000,000 acres and yielding an income of 

NH-ood. The fee of said lauds at the time of said overthrow was 
< -^ted in the heirs of the Kamehamehas, to whom said lands originally 
• lOQg^, and who set the same aside for their successors, who were to 
u\ e ^impIv a life interest in the same* 

Third. Vour petitioner prays that the Government of the United 
'^tit**^ may recognize the justice of the claim of Liliuokalani, our former 
i:'i*vn^ and grant her suitable compensation for the loss which she 
^ >uined through said overthrow or her Government; and vour peti- 

* ner further submits that the heirs to said ''Crown lanas" should 

• Mjve iust compensation for the loss which they have sustained in 
>'' absomto ownership which the Government of the United States 
A^ established over said '* Crown lands." 

Fourth. Your petitioner is a descendant and an heir of the Kame- 
.OH' has, as shown by the annexed printed statement of her pedigpree, 
' • which sh^ refers and which she makes a part of this petition. 

Fifth. That your petitioner will suffer great loss and injury, as she 
.- no remedy under the Constitution of the United States or the law 
' the land, if the Government of the United States fail or refuse to 

^kt« suitable compensation to her for her interest in the said '^ Crown 



1 1 « 



•1 



Wherefore your petitioner prays that some provision may be made 
' r the payment to her, or her heirs or assi