The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1882-11-11

Oh Saturday last Mr.. Roialcnscbneider ne ~.
Sunee'' SlT- D b. Dole. made a new aurIicsti,r
q mandanus ordering Mr. L.. b. Wilson =
- On ag'ln the water Of which he had beer
~ Iyr preach OF the regulations. The Gaze
"a Thought before the Chief Justice Mr. pre-.
. TOOK objection to the petition on the ground
sHat no demand had been made before Fl va.
Drought and that as the action was really agsins,
~ Government 1t would not lay. These OBJ
yEeun~onS ms HoIor overruled, and gave Mr.. Dole
Ns'e 10 amend the petition in other points. viz
"nere 10 Jailed to specify that the stoppage Of the
supply was a breach Of duty, and 10 state sneci-
neatly the rights Of the petitioner.
On Monday afternoon the amended p~eti,iop
was heard. Mr. Dole at the outset took exceu-
uOn 10 His HOnOr's rulings Of SATURDAY. n.
contended that what the petitioner wanted was n
ruling that he was entitled 10 water at any time
that suited h- purpose, and put in in reply the
regulations gazetted In 1876, those Of ApriL
1851, and a notice published On June Odd ,ftLi-
year, IN which u was stated that the Surer,n-
tendent was prepared % make ARRANGEMENTS 4,
allOW irrigation % be carried on at more cnnva-
nlent hours by those whom the advertised hours
ald not suit Ia the regulations, the hours for
irrigatiJn were fixed at o 10 8 am. and 4 10 6
pm, and 1t was declared that by a breach Of the
rules the unexPired term Ofany water right would
be forfeited.
lt was agreed between counsel that with HIS
hOnors consent the evidence taken on the first
petition should be taken a. for This artuou- Mr.
Dole rcscrving tile right Co recall Nlr. Re- men
schneider and Mr.. CT W Ispn fur further Exam
nation. Mr.. ReimensclnriIer 10 rruIy Il, Ir
Dole. said that if tic water were runnin. an ,He
Monday night il was unIntentiDnal. but be could
not shy whether he or his reryant were To- blame.
There was - tap ON the premises before .,s house
was built, being that which belonged To- tie did
German Club which was burnt. lie had irrigated
at all times % the day since July last. Tie rule
was, when be mad a servant. that IL should DC
done in usual hours; when be lad ~ servant. he
did IL himself alter dirk. lie used the water
thus about three hours a day ON the average. lie
knew the Tule-, and 10 Was hi- general cu-tum To-
keep them. In reply To- Mr.. PTc-tDn witness sald
he did not know Ut h- OWN knowledge at what
hours and how long irrigation was carried on
when he did not do IL himself. When lee smoke
OF there being no water during the hours named
IN the rules, he meant Il did not conn with IL
force. THeTe WIZ -'mr wafer I'll az zine
Mr. W il-On WIZ thrn called. and ~ Huswe or to-
the Court -aid that Tor some time before and
about the date 81 which the water was cut IF
from Mr.. RsiInenschneider's premises there was
only SIX or seven inches Of water in the lower
reservoir. During the night the flow from tie
upper reservoir ran into 70 through the main and
filled it about SIX feet, but by III am. it was
down again o. n few inches. They could not let
the water run all day from one reservoir to tie
other because there were tarO patches IN the in
terval whose pTOprietOr- were entitled to have
the overflow returned To- the stream. and ala If
the lower end Of the main were opened into tie
reservoir. the fall being 30 great, none Of tlu-e
who had connections with the mair Tram IT..
upper reservoir would get any winter.
MIR. Preston submitted that ON his own evidence
Mr ReimenschneIder had ~kuuwledgc 80 .ir rule
as to hours for irrigation, and THAI he lad yio-
lated IT. His not having a servant was no excuse
for this. The Government had no such duty as
TO supply water to everybody to do what they
liked with and waste it. The petitioner could
have no derived right from the former occupants
In point OF fact he had in July and since been
using the water without paying for 1t, as the
rate was only paid shortly before the action was
taken. Petitioner had admiHed that lie saw Mr..
Wilson ; notice of June last before he mnde his
last payment. and knew therefore that by apply
ing he could have his hours of iTTigation altered
to suit the circumstances. He could have the
water whenever ne pleased, but il was unreasOn-
able to suppose me could have il without being
subject to rules made in the public interest. A.
to the argument of his learned friend that the
Government had cold water rights beyond what
they had a supply for, I've cOntended that there
was no evidence that any new right had been
granted since July list. Moreover thc lower lines
Of the town had lately been supplied with water
from the artesian wells. which left the whole
supply from the reservoir to the upper area.
Mr. Dole in reply said that ne could not see
why the Government SHOULD not be az respon-
sible rs any private individual To deliver water
which bad been paid Tor IN advance. The Govern
ment had made these water privileges easements
to certain lots. and the idea Of compelling people
to modify such contracts by advertising OF even
Dy giving notice was absurd iue rules were not
unreasonable in themselves. but they were not
binding The Government had Letter look up
their water reserves and furnish the water which
they were selling 80 freely.
His Honor. addressing tile Acknowledgement
said ne understood the learned counsel to be con-
tending that u breach Of the old regulations had
been eOmnitted.
The Attorney General replied in the affirmative
and also said Mr.. Reimenscbneider had through
his counsel been offered a renewed supply of water
n ha uuuuII NrNuuTaa IT,. eumUIU UIfh tho rpOn-
%lations, but had replied that he preferred to wait
the issue Of this proceeding.
HI- Honor said that as the case was an i'm
pOrtant one, and as he took a different view from
either counsel. he would give a written judgment
in n lew Gays.
This il a petition for a Mandamus to Command
the respondent To turn on the water from the
Government pipes to the petitioners premises.
The petitioner alleges that he j. in possession OF
a premises on Emma Street. Honolulu. being a
private residence, It's grounds planted with Il
variety Of trees and plants. and that he has en-
joyed Il water privilege. therefor, from the Gov
eminent pipes for domestic and i%rrigaiing pur-
poses, furnished him at S25 per year. which
said priv iiege has never heen modified OF limited
by the consent of the petitioner.
That he has paid to the respondent the full rate
for six months ending on the Let day ui Jan
uary, 1883. and claims that he IL truly entitled to
the water for this term. Tire receipt IS annexed
to the petition The petition further alleges that
on the 18th October, the rc-puisdcnt shut oh the
water from the premises and refuses to turn 1t un
again. whereby hc is deprived OF tie use Oi the
water to which he is entitled and Is put to IN
convenience and exposed to irreIaTable damage
from the los of his trees also that u l. the
duty Of the respondent. as superintendent "l
Water Works to furnish the water as claimed "i
which he has deprived the petitioner without
right, or that the act complained 0I was a neg
lect of respondents duty as Superintendent OF
Water Works. also that petitioner has no speci-
&c remedy in the premises, or II there are other
means Of relief. the slOwness ct inducing or
binary legal forms " uld produce long delay III
obtaining necessary relief.
IL is submitted in evidence that the SuperIn-
tendent sf Water Works has, with the approval
Of the Minister of Interior, issued certain regu-
..nn-, - II,noluIu The