39 
999  year  lease. 
This  provision  of  the  law  is  essentially  adaptable  for  the  occu- 
pation of  land  by  Hawaiians,  providing-  them  with  homes.  It 
serves  an  excellent  purpose  and  the  Commission  suggests  no 
amendment  at  this  time.  As  the  limitation  of  the  area  provided 
for  by  the  law  is  small,  and  as  the  practice  has  been  to  keep  well 
within  the  limitation,  we  believe  that  the  conditions  as  to  cultiva- 
tion and  the  time  within  which  occupation  should  begin  should  be 
liberal  so  that  there  may  be  no  failure  in  the  requirements  named. 
CASH  FREEHOLD  AND  RIGHT  OF  PURCHASE  LEASE. 
Large  initial  payments  or  heavy  burdens  as  to  other  payments, 
lax  provisions  as  to  cultivation,  and  early  attainment  of  patent 
without  sufficient  length  of  residence  upon  the  land  render  these 
two  methods  in  too'  many  instances  unsuitable  for  the  disposition 
of  public  lands  for  bona  fide  homestead  purposes.  The  provisions 
under  the  Right  of  Purchase  Lease,  (Sec.  322,  R.  L.  H.)  and 
Cash  Freehold  (Sec.  326,  R.  L.  H.),  whereby  at  the  end  of  the 
third  year  upon  only  a two  years’  residence  title  can  be  obtained, 
have  led  to  many  abuses  and  much  speculation  and  without  result- 
ing in  the  making  of  a home  upon  the  land.  The  obtaining  of 
title  within  such  a short  period  by  payment  of  the  purchase  price 
is  much  like  the  commutation  provision  under  the  United  States 
Land  Laws  which  provision  has  been  so  severely  condemned  in 
the  Second  Partial  Report  of  the  Public  Lands  Commission 
appointed  October  22,  1903.  The  Commission  therefore  recom- 
mends that  the  method  of  sale  under  Right  of  Purchase  Lease 
and  Cash  Freehold  be  utilized  to  only  a very  limited  extent  and 
then  only  under  conditions  where  its  provisions  cannot  be  abused. 
Yet  the  Commission  does  not  favor  the  repeal  of  these  two 
methods  as  there  may  be  instances  when  they  may  be  properly 
availed  of. 
SETTLEMENT  ASSOCIATION. 
This  method  is  a modification  of  the  Right  of  Purchase  Lease 
and  Cash  Freehold.  The  Commission  recommends  the  repeal  of 
the  provisions  relative  to  Settlement  Associations  in  consequence 
of  abuses  which  have  resulted  from  the  disposition  of  land  under 
this  method.  The  cases  of  abuse  have  been  so  apparent,  the 
evils  so  pronounced  and  the  desirability  of  a change  so  necessary, 
that  the  Commission  has  deemed  it  advisable  that  the  method  be 
dispensed  with.  Any  possible  benefits,  however,  which  might  have 
resulted  from  such  a method  can  be  provided  for  by  other  methods 
without  the  risk  of  abuses  attendant  upon  the  Settlement  Associa- 
tion method.  In  one  instance  only  of  which  the  Commission  is 
advised,  that  of  the  Wahiawa  Settlement,  have  these  provisions 
resulted  in  a proper  settlement  of  the  land. 
