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vested 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, upon 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.

Jos. F. DURÃO,

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

This lease, made this -, of


day of island of

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


in the district



-, island of

Demising the premises to the second party for the term of

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at the annual rental of dollars per annum.

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

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(8) per annum, payable
lessor, without demand, on the
And the lessee, for
administrators, and permitted assigns, hereby covenant- with the s
lessor and its successors and assigns that

in advance, at the office of sa
day of



executors, administrators, and permitted assigns, will pay s 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 cons in writing of the said lessor, its representatives, successors, or assig 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 insure buildings on said premises against loss by fire in a sum not less t dollars (8) in an insurance company approved of by the lessor, and in the event of loss as aforesaid said insurance to be pai said lessor, its representatives, successors, or assigns, to be applie 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 season times during such term allow the said lessor, its representat successors, and assigns, to enter upon the demised premises and ef ine the condition thereof; and at the end of said term or any sc determination of this lease will peaceably deliver up said premis the lessor, or its representatives, successors, or assigns, together all buildings, fences, and other additions thereto, in such good 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 whats 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, t case of a breach of any of the covenants to be observed on the p the lessee-, or in case said rent shall be in arrear the l its representatives, successors, or assigns may, while such defa breach continues, without any notice, or demand, or process of enter upon the premises hereby demised and thereby determin state hereby created, and may thereupon expel and remove the le and those claiming under -, and their effects, forcibly if sary, without process of law, as aforesaid; and such reentry sl 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 affixed and these presents to be executed by its

and the said lessee- hereunto set — hand- and seal on the day and year first above written.

By its

Executed in duplicate in presence of—


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 aid 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, piyable 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.



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 t tyranny, injustice, and brutality were the chief factors and stock 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 an At night, as it is impossible to remove the shackles, the prisoner 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 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 jaile being in the government employ, received their daily meals 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 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 pres Sheriff Andrews, who is commonly known as the "Czar of H: EMIL

September 17,

To the honorable UNITED STATES SENATE COMMISSION, Honolulu, Haw

GENTLEMEN: I inclose herewith letter taken from the Eveni letin of the 16th instant and signed by "Mechanic." As "Mechanic" is I have no idea, but his remarks so closely cor with my view of the labor situation that I feel justified in c to your attention. I realize that it is not the province of you 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 plantations without fi 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

mands, and to-day the only reason we have any American labor on e 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 ranting concession to American labor, they will, in my opinion, make The concession. The Japanese laborer is "a thorn in the flesh" of e plantations, inasmuch as they can not keep them from making contant demands for advancement. The Chinese laborers would place

plantations in a position where they could dictate to the Japanese, and, if necessary, exclude Japanese in favor of Chinese. To-day there - no lack of numbers on these islands to perform all labor, merely at 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 onvinced 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 keeping the voting population as low as they could, in numbers. Finding they can no longer hold the power of government at their ks, they must of necessity protect their interests against unfavorle legislation by making a concession. A very short time since one ald not even suggest restricted Chinese immigration without meetgopposition from the Planters' Association; now they are asking or restricted immigration. I believe that the matter rests with your commission in this way. If the planters find that they can not secure assistance of the commission in securing Chinese labor, unless they rst protect American labor, I believe they will not be slow in placing eir demands in that form. If the citizen labor of these islands is probited against the Asiatic in the matter of skilled labor, I believe the tire difficulty would be settled at once. I, however, do not believe n 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

unty 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 Lave 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 an can stand the work of the fields is a matter as yet only of opinion, and will in time adjust itself. The future will demonstrate his ability rinability. 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 by 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 to make a tour of inspection, I shall esteem it a very great privilege to

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