rested either in the government of the Territory of Hawaii, upon a commission, or upon any body, and that this body may have the right to convey said Government lands. Second. 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 Government land, under lease or otherwise, the right and option, upɔn proper application, to purchase the same, proving that such holding shall not exceed 5 acres. Third. That such laws shall provide for the appointment of a commission composed of competent persons, who shall appraise public lands, and thereby place valuations on said land, which 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 principle that every American should own his own home, and therefore it is the prayer not only of the undersigned, but of every 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 you 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 they may be in circumstances that may not permit 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 executed from 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 residents of the slopes of Punchbowl would of necessity have to seek other quarters, unless protected by law. Respectfully submitted. FRANK ANDRADE, Jos. F. DURÃO, Committee Chosen by Portuguese Settlers of Punchbowl Slopes. Dated at Honolulu, Hawaii, this 29th day of September, A. D. 1902. of the second part. Witnesseth, the party of the first part does hereby lease to the second party that piece of land situated in the of —, island of of in the district Demising 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 in advance, at the office of sa executo day of (8 -) per annum, payable lessor, without demand, on the And the lessee, for administrators, and permitted assigns, hereby covenant- with the lessor and its successors and assigns that and , executors, administrators, and permitted assigns, will pay rent in manner aforesaid; and also all taxes and water rates and ot assessments which may become liable on account of said premises w out deduction from said rent; that will not, without the con in writing of the said lessor, its representatives, successors, or assi 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 insur buildings on said premises against loss by fire in a sum not less -dollars ($) in an insurance company approved of by the lessor, and in the event of loss as aforesaid said insurance to be pa said lessor, its representatives, successors, or assigns, to be applic said lessor toward rebuilding on said premises; that wi own cost and expense, during said term, keep and maintain premises, and all buildings, fences, and additions thereto in goo substantial repair and condition; that will at all seaso times during such term allow the said lessor, its representa successors, and assigns, to enter upon the demised premises and ine the condition thereof; and at the end of said term or any s determination of this lease will peaceably deliver up said premi the lessor, or its representatives, successors, or assigns, together all buildings, fences, and other additions thereto, in such goo 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 lesseeexecutors, administrators, and per assigns, that the lessee- and —— executors, administrator permitted assigns, paying the rent in manner aforesaid, and pe ing the covenants and agreements herein contained, shall, and peaceably use, occupy, and enjoy the said premises during th term without any hinderance, molestation, or interruption what of or by the said lessor, its representatives, successors, or assig by any other person or persons lawfully claiming under them, or either of them. Provided always, and these presents are upon this condition, case of a breach of any of the covenants to be observed on the the lessee-, or in case said rent shall be in arrear -, the its representatives, successors, or assigns may, while such def breach continues, without any notice, or demand, or process enter upon the premises hereby demised and thereby determ state hereby created, and may thereupon expel and remove the 1 and those claiming under -, and their effects, forcibly if sary, without process of law, as aforesaid; and such reentry 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 cover this lease contained. In witness whereof the said lessor has caused its corporate se hereto affixed and these presents to be executed by its This indenture, made this 31st day of December, A. D. 1898, by and between Ernest H. Wodehouse, trustee, party of the first part, and A. Viera, party of the second part, both of Honolulu, island of Oahu, witnesseth: That the said party of the first part (by virtue of the authority vested in him by trust deed dated July 12, 1898, and recorded in the register office in liber 181, pages 294 to 297, the parties of the first part in said trust deed hereto consenting), doth hereby demise and lease unto the said party of the second part, his executors, administrators, and assigns, all that piece of land situate on proposed extension of Quarry street, Honolulu, aforesaid, having a frontage of 114 feet along said Quarry street, and a depth of 80 feet along gulch to Helen Kamalu's lot, and 145 feet in the back along Helen Kamalu's lot. To have and to hold the same, together with the appurtenances, unto the said party of the second part, his executors, administrators, and assigns, for and during the term of twelve (12) years, commencing from the 5th day of December, 1898. Yielding and paying therefor unto the said party of the first part, or his successors in trust, the rent of thirty-five dollars ($35) per annum, payable annually in advance. And the said party of the second part, for himself, his executors, administrators, and assigns, doth hereby covenant and agree that he will well and truly pay, or cause to be paid, unto the said party of the first part, or his successors in trust, in the manner aforesaid, the rent above reserved; that he will pay all taxes and assessments that may be imposed upon the said demised premises; that he will not assign this lease or sublet the said demised premises, or any portion thereof, without the consent in writing of the said party of the first part: and at the end 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 instrument of like tenor and date, set their hands and seals the day and year first above written. [Acknowledgment.] STATEMENT OF EMIL NEY TO THE UNITED STATES CONGRESSIONAL COMMITTEE SITTING IN HONOLULU TO INQUIRE INTO THE PUBLIC AFFAIRS OF THE TERRITORY OF HAWAII. I, Emil Ney, jailer at Hilo jail during the months of June and July last past, do make the following statement voluntarily and without malice, deeming it in the best interests of the civilized people of this Territory so to do. The administration of those having charge of the Hilo jail dur my incumbency was the very worst that can be imagined, in tyranny, injustice, and brutality were the chief factors and stoc 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 nigh 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 al unbearable. It is the custom for the prisoners to work in chain gangs on the r and to preclude any possibility of their escaping while at their they have heavy balls and chains of steel riveted about their a At night, as it is impossible to remove the shackles, the prisone 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 c private work of the sheriff of Hawaii on his private grounds. Within the jail inclosure vegetables and bananas are raise every other day during my incumbency 32 pounds of fresh be supplied for the prisoners. Not one time while I was there di any of this food used in the prison, but I verily believe and dec be a fact that this was sold for the benefit of the head jailer. If declare that while I was at the jail three sons of the said jail being in the government employ, received their daily meals jail at government expense. The above facts are a few of the glaring irregularities which bring before the notice of your honorable body, and I verily and state that the reason these matters have not been aired grand jury of Hilo or the papers of that city is because of the which the members of the inquisitorial body and of the pre Sheriff Andrews, who is commonly known as the "Czar of H EMIL HAHIWA, OAHU, HAWAI To the honorable UNITED STATES SENATE COMMISSION, Honolulu, Hau As GENTLEMEN: I inclose herewith letter taken from the Even letin of the 16th instant and signed by "Mechanic." "Mechanic" is I have no idea, but his remarks so closely con with my view of the labor situation that I feel justified in to your attention. I realize that it is not the province of yo 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 citiz To grant restricted immigration to the plantations without t tecting American labor would mean that the plantations woul vided with another class to use against the Japanese and stil reduce wages and run the American laborer entirely from What the plantations want the Chinese for is to be able to their command a class they can handle in suppressing Jemands, and to-day the only reason we have any American labor on the plantations, outside of professional, is that the plantations dare not trust themselves entirely in the hands of the Japanese. If the plantations find they can not secure Chinese labor without first granting concession to American labor, they will, in my opinion, make the concession. The Japanese laborer is "a thorn in the flesh" of the plantations, inasmuch as they can not keep them from making contant demands for advancement. The Chinese laborers would place the plantations in a position where they could dictate to the Japanese, and, if necessary, exclude Japanese in favor of Chinese. To-day there is no lack of numbers on these islands to perform all labor, merely that the class of labor can not be compelled to work where needed. So confident am I that I appreciate the situation and can see the way out of it that I believe the matter at this time rests entirely in your hands. I am convinced that the present leaders in Hawaii are in turn convinced that the time is at hand when the power of government must pass into the hands of the people. This they so far have thwarted by keeping the voting population as low as they could, in numbers. Finding they can no longer hold the power of government at their mcks, they must of necessity protect their interests against unfavorable legislation by making a concession. A very short time since one could not even suggest restricted Chinese immigration without meetng opposition from the Planters' Association; now they are asking for restricted immigration. I believe that the matter rests with your commission in this way. If the planters find that they can not secure the assistance of the commission in securing Chinese labor, unless they first protect American labor, I believe they will not be slow in placing their demands in that form. If the citizen labor of these islands is protected against the Asiatic in the matter of skilled labor, I believe the entire difficulty would be settled at once. I, however, do not believe in granting any concession to the plantations unless it is made in such a manner as to render it out of the question for them to fail to comply with their part of the agreement. Much of our local trouble results from the too general use of the word "may" by Congress, instead of the word "must." Had Congress made it compulsory that we have County and municipal government, I believe that to-day everything in Hawaii would have been working harmoniously; we would have money in our treasury, the feeling between the whites and Hawaiians would have passed away, and we would not to-day be flooded with oriental aborers in every walk in life. Also, it is not a question if the American can work in our cane fields, but rather, is it possible to open the way so that our skilled labor can have the right to work on our plantations without first having to reduce itself to the level of the Asiatic. The question as to whether the white han can stand the work of the fields is a matter as yet only of opinion, i will in time adjust itself. The future will demonstrate his ability or inability. The right to work where there is now no question as to ability is the point we have to settle. Please accept my thanks for the very kind consideration shown me or the commission. I have at my command a considerable quantity of notes and statistics bearing on these islands and present conditions which are at your command. I am also familiar with many of the plantations, especially of this island, and should your commission decide make a tour of inspection, I shall esteem it a very great privilege to |