379 



1914, and on account of the absence of this fence the cattle pas- 

 turing on the adjacent leased lands are continually trespassing 

 on the forest reserve and are doing" damage to the native for- 

 ests. This situation was called to the attention of the Commis- 

 sioner of Public Lands on April 9, 1917, and soon thereafter he 

 communicated with the Club Stables, Limited, the present holders 

 of this lease, and requested them to comply with the conditions 

 of their lease immediately. I have just returned from an inspec- 

 tion of this line and find that absolutely nothing has been done 

 toward the building of this fence. 



3. The fence on the boundary between the land covered by 

 General Lease No. 792 and the Moloaa Forest Reserve was ori- 

 ginally constructed, as required by the following clause : 



The Lessee shall construct at his own expense Vv^ithin 

 one year from November 1, 1912, a lawful fence as defined 

 by Sec. 407, Revised Laws of Hawaii, along the entire boun- 

 daries of the land herein demised, and adjoining the Forest 

 Reserve, and maintain said fence in good repair during the 

 term of this Lease." 



In the construction of this fence local material was used for 

 posts and a recent inspection disclosed the fact that a great many 

 of the posts had rotted and that the fence was flat on the ground 

 allowing cattle to wander at will into the reserve. This situa- 

 tion was called to the attention of the Commissioner of Public 

 Lands on May 28, 1918, with the request that he require the 

 lessee to maintain this fence in good condition, but so far as I 

 have been able to ascertain recently the only step that has been 

 taken to remedy the situation has been the driving out of the 

 cattle from the reserve. In order to protect the forest ade- 

 quately the fence should be repaired at once and maintained in 

 good stock-proof condition. 



4. Only a short stretch of fence is involved in this case and 

 this consists of repairing an existing fence on the Kau Forest 

 Reserve boundary. The clause in General Lease No. 550 requir- 

 ing the maintenance of this fence is as follows: 



"It is also further provided, that the Lessees, their execu- 

 tors, administrators and assigns will not suffer to be made 

 any fires on said lands which will injure or endanger the for- 

 est thereon, and will use every endeavor to protect and en- 

 courage the growth of forest and underbrush now upon said 

 land, and renew same in places where it is absent or shall 

 appear to be in process of diminution, and will not permit 

 any live stock to run at large on said land, and at their own 

 cost, and expense within a reasonable time after the date 

 hereof, shall build and maintain a fence along its boundary, 

 as above described ; excepting such courses and distances as 

 described in Sections 9, 10 and 11, hereof, but shall continue 

 said fence line along the boundaries of the Ahupuaa of Ka- 



