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October 12, 2022 by Peter T Young Leave a Comment

Land Act of 1895

“From the time of the great division of 1848 to the present time the policy of the leasing lands for a term of years has been pursued, both in the case of the Government lands and of the Crown lands controlled by the commissioners for the same.”

“In 1876 the first law requiring sale of Government leases to be made at auction was enacted, but such law did not apply to the Crown lands, which were not put under this regulation until the passage of the land act of 1895.”

“Under the lease policy lands were freely leased both by the Government and by the Crown commissioners in large areas and for long terms…”

“… but in 1891 the Government, while continuing the policy of leasing land, improved upon former methods by reserving to itself the right to take up any portion of the leased land suitable for settlement, which reservation proved later of much value.”

“This policy was continued after the passage of the land act of 1895, but with stricter regard to amounts leased, terms of lease, and reservations necessary for public interest.” (USDA, Stubbs, 1901)

“The first homestead act to acquire small holdings was passed in 1884. It was amended several times, but remained in force until the passage of the land act of 1895.”

“It gave the privilege of acquiring lots not over 20 acres in extent, payable in ten years, and requiring the erection of a dwelling and a residence of three years on the land.”

“A substitute might reside on land with the consent of the minister of the interior, as amended in 1892. Under these homestead laws 527 persons took up 8,490.81 acres … of which patents have been granted to 377 persons for 5,820.76 acres … leaving the remainder yet to be patented.”

“Under the amendment ‘without residence’ there have been taken up 3,552.84 acres … of which 2,942.44 acres …have been patented.”

“The results of these homestead laws were beneficial in placing homes, which have been greatly improved, into the possession of numerous families of moderate means. They did not, however, meet all of the requirements, hence these laws were supplanted by the land act of 1895.” (USDA, Stubbs, 1901)

“The idea of the legislature in creating these leases was clearly to encourage settlement and residence upon the lands of the government. It was not for the purpose of allowing persons to obtain farming lands at easy rates, but for the purpose of creating small farm homesteads where the parties would engage in farming and agricultural pursuits and increase the number of thrifty citizens in the Territory.”

“If a settler prefers to take one of these leases, he must expect to live up to the terms of same as laid down in his lease, and any man who can read and write, can understand the conditions therein set forth.” (Hilo Tribune, September 27, 1904)

“In 1895, the Provisional Government of the Republic of Hawaii, passed the Land Act (Act of August 14, 1895, Act 26, [1895] Hawaii Laws Spec. Sess. 49-83). In this act, three types of homestead agreements were defined: (1) the Homestead lease; (2) the Right of Purchase Lease; and (3) the Cash Freehold Agreement.”

“The Homestead Lease was for a term of 999 years, and was issued after the applicants complied with terms and conditions of a Certificate of Occupation. “

“The Right of Purchase Lease was a lease for 21 years with the right of purchase at anytime after the end of the third year of full compliance with the stipulated conditions of residence, cultivation, fencing, payment of taxes, and payment of the purchase price.”

“The Cash Freehold Agreement was an agreement of sale in which the purchaser paid 25% of the purchase price in down payments, and 25% on the remainder for the next three years.”

“The Land Act of 1895 specifically noted that ‘The lessee shall from the end of the first year of said term to the end of the fifth year thereof continuously maintain his home on such premises.’” (Kumu Pono)

“To promote the settlement and improvement of the remaining Government land, under conditions favorable to the settler, but not to simulators, and to meet the needs of different classes desiring lands, the land act of 1895 was enacted as being specially adapted to the requirements of the case.”

“An important feature of this fact was the general requirement of cultivation and improvement of lands taken up, as well as residence thereon for a term of years.”

“There was authority, however, under the act for the sale of lands at auction under special conditions, as to payments for same and cultivation without residence, to meet the cases of persons who desired to improve and cultivate land, but having occupations elsewhere were unable to live on the same.”

Methods of acquiring land included: “General qualifications required of applicants.—Must be over 18 years of age, be a citizen by birth or naturalization, or have letters of denization, be under no civil disability nor delinquent in payment of taxes.”

“Homestead lease. Nine hundred and ninety-nine year lease, conditions upon maintaining a home upon the premises, paying taxes, and cultivating small percentage areas that might be required, 8 to 45 acres, dependent upon quality; no payments other than small application fees …”

“…husband and wife might not both be applicants; applicant must not be owner of other land (except taro or wet land); lease inalienable; not subject to attachment, levy or sale, or to any process of the courts, might not be mortgaged, assigned, or sublet.”

“Right of purchase lease. Lease for twenty-one years with right to purchase at original appraised value any time after two years’ residence and cultivation of 25 per cent; area that might be acquired, 100 to 1,200 acres, dependent on quality …”

“… husband and wife might not both the applicants; applicants could apply for only such amount as taken with any lands owned by them would come to the limits name; rental at 8 per cent on appraised value to be paid until purchase was made.”

“Cash freeholds. Lands sold at auction at an appraised value as upset price; purchase price due in four installments during three years; two years’ residence and 25 per cent of cultivation further required to perfect title; qualifications and areas that might be acquired same as under right of purchase lease.”

“Special agreement. Sale at auction under special conditions as to payment by installments, with requirements of cultivation, with or without residence limit of area that might be sold under special agreement, 600 acres. (Practically the area has been limited to 100 acres of first-class land, as under the other systems.)”

“Cash sales. Sales made unconditionally for cash at public auction. These sales usually made to meet cases where exceptionally costly improvements were contemplated, as buildings, reservoirs, pumping machinery, etc.”

“Ola‘a district sides. Special sales, at a value appraised in the act of 1895, of lands held under Crown leases in the district of Olaa, Hawaii.”

“Lessee could purchase his leasehold up to 200 acres when 15 per cent of same had been put under cultivation and further improvements to the value of $200 made; distinct from the general systems of the land act and applying only to the Olaa district.” (JF Brown, Commissioner of Public Lands)

“The land act of 1895 has proved well suited to the condition in the Hawaiian Islands. Under it the demand for public land has been active, and fair prices have been realized for the benefit of the public treasury.”

“Speculation and land grabbing has been minimized and a marked improvement and development of lands taken is evident. The success of the act would not be questioned by any impartial observer familiar with the facts.”

“The extremely varied quality of the lands, the intermingling of public and private lands, and the special needs of the people, together with the duty of best utilizing the limited public domain required land laws drawn to meet such special conditions, and these, in all essential points, have been met by the land act of 1895. USDA, Stubbs ,1901)

© 2022 Hoʻokuleana LLC

Map of Hawaiian Islands-Drpt Foreign Affairs-1896
Map of Hawaiian Islands-Drpt Foreign Affairs-1896

Filed Under: General Tagged With: Provisional Government, Farming, Homesteading, Farm Land, Farm, Land Act of 1895, Hawaii, Great Mahele

September 23, 2015 by Peter T Young Leave a Comment

Student Farmers

On October 23, 1819, the Pioneer Company of missionaries from the northeast US, set sail on the Thaddeus for the Islands. There were seven couples sent by the ABCFM to convert the Hawaiians to Christianity.

These included two Ordained Preachers, Hiram Bingham and his wife Sybil and Asa Thurston and his wife Lucy; two Teachers, Mr. Samuel Whitney and his wife Mercy and Samuel Ruggles and his wife Mary; a Doctor, Thomas Holman and his wife Lucia; a Printer, Elisha Loomis and his wife Maria; a Farmer, Daniel Chamberlain, his wife and five children.

They quickly reduced the Hawaiian language to written form and established schools in which the native Hawaiians were taught to read and to write.

Their instruction was not confined, however, to the ‘three R’s.’ Included in the original band of missionaries was a New England farmer, Daniel Chamberlain, indicating the importance they attached to giving some instruction in western agriculture to the native Hawaiians.

Effectively, they were teaching to the Head, Heart and Hand. Let’s look at some examples.

In 1823, Kalākua Kaheiheimālie (ke Aliʻi Hoapili wahine, wife of Governor Hoapili) offered the American missionaries a tract of land on the slopes surrounding Puʻu Paʻupaʻu for the creation of a high school.

Betsey Stockton from the 2nd Company of Protestant missionaries initially started a school for makaʻāinana (common people) and their wives and children on the site.

Later, on September 5, 1831, classes at the Mission Seminary at Lahainaluna (later known as Lahainaluna (Upper Lāhainā)) began in thatched huts with 25 Hawaiian young men.

Each scholar was expected to furnish himself with food and clothing by his own industry. Accompanying the work in the fields, a small amount of organized instruction in western agriculture was given. (History of Agricultural Education)

In September 1836, thirty-two boys between the ages of 10 and 20 were admitted as the first boarding students, from the neighbor islands, as well as from the “other side of the island” thus, the beginning of the boarding school at Lahainaluna.

It soon was apparent to the missionaries that the future of the Congregational Mission in Hawaiʻi would be largely dependent upon the success of its schools. The Mission then established “feeder schools” that would transmit to their students’ fundamental reading, writing, and arithmetic skills, and religious training, before admission to the Lahainaluna.

In 1835, they constructed the Hilo Boarding School as part of an overall system of schools (with a girls boarding school in Wailuku and boarding at Lahainaluna.)

On January 6, 1835 “our children’s school commenced, eighty children present, sixty knew their letters. A number of the more forward children are employed as monitors to assist the less forward. (ie. advanced)” (Sarah Lyman)

The school was operated to an extent on a manual labor program and the boys cultivated the land to produce their own food. (The boys’ ages ranged from seven to fourteen.)

“Mr. Lyman who was brought up on a farm had an abiding faith in the value of manual labor; and his work in Hilo had convinced him that such activity in both primitive and introduced vocation was as necessary as book learning during the period of transition from one culture to another.” (Lorthian)

Rev. William Brewster Oleson had served as principal of the Hilo Boarding School for 8 years. Then, on November 4, 1887, Kamehameha School for Boys opened with 37 students and four teachers – Oleson was appointed its first principal and helped organize the school on a similar model.

Manual labor has a regular feature of the activities of the Kamehameha Boys’ School. Between 1889 and 1893 the school experimented with the raising of cows, pigs, chickens, and vegetables.

Later, the Kamehameha School flocks and herds were improved, and they began the production of forage crops, vegetables, and fruits on a larger scale, and strengthened the classroom work. (History of Agricultural Education)

Punahou, another boarding school, formed in 1841, required that “All students who entered the Boarding department were required to take part in the manual labor of the institution, under the direction of the faculty, not to exceed an average of two hours for each day.” (Punahou Catalogue, 1899)

“We had a dairy, the Punahou dairy, over on the other side of Rocky Hill. That was all pasture. We had beautiful, delicious milk, all the milk you wanted.” (Shaw, Punahou)

Later, in January 1925, Punahou bought the Honolulu Military Academy property – it had about 90-acres of land and a half-dozen buildings on the back side of Diamond Head. (The Honolulu Military Academy was originally founded by Col LG Blackman, in 1911.)

It served as the “Punahou Farm” to carry on the school’s work and courses in agriculture. “We were picked up and taken to the Punahou Farm School, which was also the boarding school for boys. The girls boarded at Castle Hall on campus.” (Kneubuhl, Punahou) The farm school was in Kaimuki between 18th and 22nd Avenues.

In addition to offices and living quarters, the Farm School supplied Punahou with most of its food supplies. The compound included a big pasture for milk cows, a large vegetable garden, pigs, chickens, beehives, and sorghum and alfalfa fields that provided feed for the cows. Hired hands who tended the farm pasteurized the milk in a small dairy, bottled the honey and crated the eggs. (Kneubuhl, Punahou)

While the programs of ‘manual labor’ and farming have been dropped by almost all of the respective school’s curriculums, a lasting legacy and reminder of the prior farming is seen in the Lahainaluna Time Clock.

Between 1941 and 1976, Lahainaluna boarders punched in their “in” and “out” times (according to their assigned student number) to keep track of their daily hours worked for their room and board. (It stopped when the only repairman familiar with the clock passed away.)

While Lahainaluna still has farming activity (raising pigs and cultivating dryland taro, corn, butter lettuce, beans, ti and other crops (Advertiser,)) they don’t punch in/out with the clock.

However, according to the Boarder’s Handbook (2014-2015,) every weekday afternoon and Saturday morning, boarders are to “Check in at the time clock” before they start their 3 ½ hours of work. Likewise, “All Boarders must report to the Time Clock every day and sign out with the Farm Manager when working Overtime until all hours are cleared.”

“Boarders will be evaluated on their dorm and farm work performances; farm and school attendance records; dorm, school, and farm discipline records; school academic effort and achievements; and their overall attitude and behavior in the Boarding Program.” (Lahainaluna High School Boarder’s Handbook, 2014-2015)

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© 2015 Hoʻokuleana LLC

Lahainaluna_Time-Clock
Lahainaluna_Time-Clock
Lahainaluna-Kahu Earl Kukahiko (right), teaches students about farming -1980s-(mauinews)
Lahainaluna-Kahu Earl Kukahiko (right), teaches students about farming -1980s-(mauinews)
Lahainaluna boarding student Josh Arata, 16, a senior from Ha'iku, tends to the 5-month old pigs-(advertiser)
Lahainaluna boarding student Josh Arata, 16, a senior from Ha’iku, tends to the 5-month old pigs-(advertiser)
Lahainaluna_Time-Clock
Lahainaluna_Time-Clock
Lahainaluna-Chef Paris Nabavi-Sangrita Grill+Cantina-donated $1,200 to Lahainaluna High School’s Agriculture Program-(mauitime)
Lahainaluna-Chef Paris Nabavi-Sangrita Grill+Cantina-donated $1,200 to Lahainaluna High School’s Agriculture Program-(mauitime)
Hilo_Boarding_School_and_Gardens-from_Haili_Hill-(Lothian)-1856
Hilo_Boarding_School_and_Gardens-from_Haili_Hill-(Lothian)-1856
Hilo_Boarding_School-(75-years)
Hilo_Boarding_School-(75-years)
Hilo_Boarding_School-garden-(75-years)
Hilo_Boarding_School-garden-(75-years)
Kamehameha-Campus of the three historical schools-(KSBE)-1932
Kamehameha-Campus of the three historical schools-(KSBE)-1932
Kamehameha [Dormitory Row]-(KSBE)
Kamehameha [Dormitory Row]-(KSBE)
Kamehameha School for Boys, 1890, (right) Rev. Wm. Oleson, Principal, (far left) Charles E. King-(WC)
Kamehameha School for Boys, 1890, (right) Rev. Wm. Oleson, Principal, (far left) Charles E. King-(WC)
Punahou-Gardens-1880
Punahou-Gardens-1880
Punahou-Manual-Arts-Class--1924
Punahou-Manual-Arts-Class–1924
Punahou-Campus-from-the-air-1939
Punahou-Campus-from-the-air-1939

Filed Under: Schools Tagged With: Hawaii, Kamehameha Schools, Punahou, Lahainaluna, Hilo Boarding School, Farming

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