The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1860-10-11

HT.fory of III Morrison Case.

The facts, when given in their true culors, show how
easily any one of US may be placed in the same posi-
tion as was Judge Morrison, from the loose manner in
which the Government allows land boundaries to be
run.
1t appears that in November. 1885. KeohokaloIe,
Kalakaua and h. Kapaakea sold to J. Morrison the
whole of a certain land called Paauhau, for six hum
dred and forty dollars. About one year after, MOrri-
son sold to J. P. Parker from a certain point, TO as
far as Paauhau might extend, saying, l don't know
how far the land extends further than what the ma
tives said when Mr.. Lowe went with me to survey the
land. This sale was for three thousand dollars. No
boundary lras named or knotra before the purchase
by Morrison; but from the fact Of the Government
selling and leasing portions Of the land now claimed
rs Pasuhau-one part for a sheep-station. to Mr..
NcBryde, also 10 Mr.. Parker, and another TO
Mr.. Thomas for a homestead, led him to believe
that Paauhau could extend no further. Nor was
any boundary known or made by Mr.. Parker
until some time after he paid the cash for his pur-
chase. And by whom was the boundary pointed
out: 1 believe, Mr.. Wilkes and Mr.. Parker's son-in-
law, John Lowe. surveyed the land, which makes
Paauhau some fifty thousand acres in extent more
than il really was at the time of Morrison's purchase
from the parties named in the deed. Neither buyer
nor seller knowing the lawful boundaries of their
purchase, must clearly show that the land now claim
ed as Paauhau will Scar at least an Investigation.
The evidence fixing the present boundary claimed by
Mr.. Parker, compared with evidence against it, and
placing the boundaries where they were all under
stood to be, by the Government and other persons,
clearly shows how loosely the important question Of
land titles is managed by the Government. Part of
this same land, bear in mind, the Government has
sold and leased, which was surveyed by Mr.. Curtis
Lyons, l think, in 1854. After finding from all evil
dence pro and con, knowing the language probably
as we'll has Mr.. Wilkes. Mr.. Lowe or Mr.. Parker, he
felt perfectly satisfied it was not Paauhau. The land
now claimed runs some twenty miles from the same
survey. Perhaps, il the chosen surveyors have not
taken enough for three thousand dollars, (for mind
the cash was paid frst,) they may go by the same
law, twenty miles further.
Now let the facts be brought out is the land now
claimed as Paauhau, extending a long way up Mauns
Kea, the land which the parties named in the deed
sold 10 Mr.. Morrison, or did 1t erer belong to them, or
did Mr.. Morrison ever sell the same to Mr.. Parker?
The answer to both questions is, No. In the first place,
does it seem possible that during the life time of
father, mother, and son, who are the parties to the
deed, that no circumstance should come to their
knowledge that Paauhau ran hal: way up Mauna
Kea, or that the Government was selling and leasing
their land for sheep stations and other %purposes? If
neither father nor mother knew how far twelve hun
dred acres extended, (Which amount, sworn upon the
trial. now places Mr.. Morrison where he is | feel sure
the son did. If they did not know during the whole
period of their lives, and after mOrtgGging the same
land and others for sir hundred dollars, how did they
so suddenly find out after a three thousand dollar pur-
chaser came into the field ? Surely they could have
found this before, if it ever existed. The fact is, l
suppose, they had a right to claim all the profits that
Mr.. Morrison could have in making q good bargain
with Mr.. Parker or others, who could choose their own
surveyors and run the boundary over land which
-. .o. Ill ,,ll o-A 1aasal and trop+r rS1oO
further, or far enough to cover the purchase. If the
parties to the deed could not find how far their land
extended. how did Parker find it, or how, or why did
the Government find the land was theirs? Now pre-
Stunning neither they nor the Government knew, then
why should we presume Mr.. Morrison knew, or even
now is aware.
Is thoro any eyiaence that Nh. Morrison claimed
and sold to the points now claimed by Mr.. Parker ?
At the time Mr.. Morrison sold to Corkhill, Ryan and
Hardy, he said. when signing their deeds. l am not
sure whether this land belongs to Paauhau, but
should it pro7e not to, l must return the cash. This
fact proves the doubt then in his mind. Again,
selling to Mr.. Parker one year after Mr.. Morri-
sons purchase, remember the language used by Mr..
At that time, he could not have dreamed
of any action which was to ruin him. 1t appears to
me, if he knew the immense tract of country now
taken, his language would have been different, espe-
cially when three thousand dollars depended upon it.
If the land does not extend further than where the
Government placed it, how much less than its real
worth at that time did Mr.. Morrison pay for it: Pulu
was then of little value. and the lower part was cut
up by some fourteen kuieGRaS.
Another question arises-why did Mr.. Parker so
easily part with three thousand dollars for land which e
ne had already paid for once, or part of it, from the
Government? Was it because there is no restriction
II running your boundary line wherever convenient?
IL hon mill ,ba E,rorpr,apt axrlo;D o,.oy Tho Got oF
is selling rhat lCas not ITS OrR ? Had it not have i
so, Mr.. Morrison perhaps would not be where '
he is. Surely the Government lands at least should >,
e defined by some better name than ancient bounda- A.
les. Many who could tell us where they existed are
low no more. A little gift 'CiH place a lama 6Oun- Sc
miles array.
If Mr.. Morrison is guilty of pocketing dollars and :
ents, what is the Government to be charged with ? !
nothing but a mistake. \ very mild charge
urely. What is the value of Mr.. Parker's and Mr..
deeds from the Government for the land
urchased, which is now ~adjudged as Mr.. Parker's =
art of Paauhau, if it belongs to the parties in the III
eed to Mr.. Morrison : Or what will the value be of fc
ny deed Of any land purchased or leased from the
overnment, if what I have stated is true? Gain as
" 1t If they can. Perhaps some fine morning the "
Duke of Kahuku'' may rise after a pleasant dream
the boundless extent Of country in his domain, lin
ct the largest land owner among u.s. of the thou
of acres of beautiful volcanic matter, matchless Or
emery, waving fields of wheat ready for the reapers,
of cattle, all Devons pure, the finest focks of
reuch merinos, their fleece ready for the shearers-
,rhaps he will find another Paaubau has risen from rec
three thousand purchaser and has reduced -
ahuku to a mere goat pen of twenty-five acres.
oppose, for instance, l purchase n land offered for ~
lie according to its ancient boundaries. One in IN
makes it twelve thousand acres in extent,
.other not more than five thousand acres. In fact, Z
other Paauhau may start up, and reduce it to a
ut pen Of twenty-five acres.