The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-08
Supreme Court.
TUESDAY, May LIST.
BEFORE MR.. JUSTICE DOLE.

BEFORE Mr.. JUSTICE DOLE.
L. a. Thurston, Minister of the In
terror, VS.. C. r. Bishop ct al, Trustees
of the estate of Mrs. Bernice Pauahi
Bishop, deceased. Hearing, as agreed
on, during the April term, before the
presiding justice above named.
The following correspondence be-
tween the Trustees and the Minister of
Interior, together with the declaration,
explain the proceedings, up to this
point, in the case:
HONOLULU, Jan. 18th, 1885.
His Excelleney L. A. Thurston, Min
lister OF the Interior, &C., dc.
Sir: 1t has been intimated to US that
the Government contemplates making
some claim of title to certain tracts of
land held by US, as Trustees of the
Kamehameha Schools, under the will
of the late Mrs. Bernice Pauahi Bishop.
The lands in question are not covered
by any patent or award OF the Land
Commission as far as we are aware.
While this is so, on the other hand,
we desire to point out to Your Excel
lency that these lands have been in the
possession of the Kamehameha family,
and those holding under them, under
claim of title from a period long
anterior TO the establishment of the
Land Commission until the present
time.
We are not advised of any law which
deprives us of title to these lands, and
we doubt the power of the Legislature
to pass any valid law which could
have that effect without making COM
pensation.
We are, however, extremely unwill-
ing to be drawn into any litigation
with the Government. Without waiy-
ing any rights or admitting any title
in the Government and for the purpose
of making an equitable settlement we
offer the following proposition:
That the Government issue to US
Patents for the following lands:
Haiku and ,, Kaluakailii, Kauniho
and ., Lepoloa, Ninole =, in Hilo,
Hawaii; Mokokea ! and >, Paauau
and ,, in Kau, Hawaii; Keekee, Puma,
Hawaii; Alelomoana l and ., Kona,
Hawaii; Kaunakakai, Molokai; Opu
Pawaa, Iii of Waikiki, Kona, Oahu;
Waiakekua, in Manoa, Kona, Oahu;
piece in Akaukukui in Pauoa, left
Oul III SUI VIZ q HlCOG Ii 4AhSNdhuhNtl
near Emmes' ship yard, left out in
survey.
In return we offer to convey to the
Government our title held by us under
Royal Patent No. 1883, APP. /. to that
portion of the harbor of Honolulu in
cluded in the Ahupuaa of Kaakaullu-
kui, whether built upon by wharves or
not, lying north and west of that part
leased by the Government for the
Marine Railway, not including the
same excepting the small lot on the
north side of the harbor, formerly
leased to and used by Geo. j. Emmes),
and including all of the passage to the
open sea, up to the shallow part on the
southerly side of the passage. Also
that part of said Ahupuaa conveyed
by the Government by mistake to
]. A. Magoon by Patent And also all
our title in the following lands situate
in the district of Hilo, Hawaii; Homo
mainoa, Kaekuiki, Kaiaakea, Maulua
2, Pika / and 2, Waikaumalo and Hal
unani, in the district of Puma, Hawaii.
Together with our interest in what is
commonly known as the unassigned
lands other than those which we claim,
and ask to have patented to us as
above.
Your obedient servants, the Trus-
tees of the Estate of the late Mrs.
Bernice Pauahi Bishop.
By CHAs. r. BISHOP.