Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1882-11-11

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and as his plants were dropping he irrigated at
noon and at such other times in which there
was water in the pipes. On one occasion his
tap was left open and the water flowed all
night The petitioner says this was uninten.
tional on his part.
The respondent says that during the ten
days previous to October 18th the water was
low in the lower reservoir, and that he could
only fill it from the upper reservoir at such
hours as rate.payers from the upper reservoir
were not using it, as the velocity OF the water
dscharging from it prevented their taps from
running. Moreover he could not fill the lower
reservoir nights because it interiered with the
gas machines run by the water from the upper
reservoir, and he had the further difficulty in
drawing of the water from the upper reservoir,
as certain persons having kalo patches and
lands between the two reservoirs, which had
the privileges Of riparian propretors from the
stream which supplies both reservoirs, would
become short Of water, unless the overflow
from the upper reservoir was allowed to pass
back into the stream for their benefit.
Water is public necessity, and, especially,
in our climate.
| am Of opinion that the Government, having
assumed the enterprise Of supplying the town
Of Honolulu with water and having secured
by various acts Of the Legislature the right to
condemn the necessary land and water for the
purpose OF a system OF water works, which
prevents private parties from engaging in this
business, it has taken upon itself certain
duty toward the inhabitants of the town. This
is, to make available all the water that is rca-
sonably required and that can reasonably be
secured, and to distribute the same as equi,a
bly, as possible to all rate-payers. think it
would not be proper for the Government to ex
tend indefinitely the number Of distributing
taps to new applicants without correspondingly
increasing its supply. But there is no proof
that it has done So
But the public receiving the advantages Of
this water supply from the Government owe
pay the rates as long as they are reasonable,
and to obey such rules and regulations as may
be made for the public convenience and pro.
lection, provided they are reasonable.
The obligation Of the Government to the in
dividual rate.holder is not alone made by the
contract expressed in the receipt for water
rates for six months in advance. II this was
; so, then fulfilment Of it could not be en-
forced by mandamus. If this proceeding is
merely to compel the fulfillment Of n contract,
then the writ would not lie.
The remedy for breach of contract is at law.
But, as in my opinion the Government has
5 assumed an obligation in this respect, it can be
enforced If the refusal to do so is plain vio-
lation of duty on the part of the official. (See
Section 5 Of the Lac Of Nuidamns, dds o.
, 1870, fhatLcy 50.
/ have indicated that the Government has a
right to make reasonable rules and regulations
in respect to the water works and the supply
of water to the inhabitants.
The exercise of this authority is necessary
r for the public benefit, and in order to enable
n the Government properly to fulfill its obliga
tons to all the community in distributing thu
water as fairly may be possible. In time,
of water famine all must suffer reduction alike
i and the Government has then the right to re
< strict the use Of the water by rate-payers, com
mencing the reduction with the least neccssar,
" use OF water, i. e., irrigation AT the SAINT
c time every reasonable exertion must be pu
>. | forth tn secure n full sunnIv of water
| REGARD the limitation Of IRRIGATION nr;v;
1t lepcs to four hours per day. between and
y A. NJ. and between 4 and P. NJ, as reason
II able and as ordinarily sufficient, and il is al
:. accommodation to the public that thew ma,
N arrange with the superintendent for irrigation
during other hours when these prove inconve
u nient, either from scarcity OF water in SOM
n localities or from whatever cause.
h Having found that the Government ma
" make reasonable regulations and restriction
y upon the use of water from It's mines how "a,
L il compel obedience IN ,bem2 No, he the in,
n position of n money pepaltv for this woul,
L, imply the r;gbt IN enforce This nv ;mnr;son
meni. which would be ILLEGAL without rial h,
II n court. and in the absence If statute civ
ii inc the SUPERINTENDENT oC water works or Min
o ister of interior the power to inHict fines
The only way these rules can he enforced i
by deprivation of the offending party Of hi
l. water privilege. If the tronspTession was i,
II irripatinq outside If the nresc,;bed hours
l. should saw irricotion PRIVILEGES should oIon
be suspended. r il was possible to senara,
t them from domestic uses. But ordinarily i, !;
7, not possible 10 do This
e The regula.;on oT ,,,b October s,sn.rd;n,
I. all priyileges of irripaiion do not tbnL wa
!. reasonable or justified under the c;rcum
% stances There had been no droutb If suf;
&c GENTLY long continuance to make This a neces
l. sity. If The petitioner had only transcresse,
This p,l. and had used onI, sntEc;.n, 80 !,
Keep his plants alive. his case would he differ
'" ent. He had right. moreover. to disrepar,
es This last edict. because h did not appeaI 1,
lie have been approved by the. minister Of interio,
-, Rut the a,,n,neygener doas no, ,.,,,,n,d IN,
. this rule was valid and binding II the net
u TONER found that /, was ;mnossible "a, him !,
~ gel water for irrigation during The prescribe
hours il was his duty TO apply 10 The respond
II. ent for change in his house.
do not think that an unin,entional an
only an excen,;onal case of ncgI,.c, 10 close