The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-06-30

( forty acres in extent. bordering on he
{ Waianse side o. the Waikele river, This
land hsS been in the occupation OF the
plaintiffs for many years, and large
proportion of il has acquired by pre-
Y Sc-sptioa the right 10 drainage into the
I w&iksls river,
The defendants have lately come into
} occunarion ~ quantity OF land rot en-
Titled 10 water BY prescription on the
I opuosite Honolulu side o. the said
I river. bur below il and nearer the sea
1 This land they are now making into q
7 rice plantation. and in order 20 irrigate
+ il. were ar the time the bin WAS tled
y constructing dam across the said river
I in order 20 raise the wafer Of the river
/ Sunicisntly high o. TOW IN ditch 10
I their land. The dam has since been
Z COMPLETED. The members Of the Court
I visited the premises OF the s0th March
( LAST. since the argument Of the case on
appeal
Without discussing the testimony ad-
ducsd in detail. which Is yoluminouS
and contradictory in some respects, We
md that although there is 81 slnhGnS-
msry between the defendants planrS-
ton and The river, somewhat higher N
general than the smhankmsnr between
the plaintiffs plantation and the river.
the general level o. the TWO plantations
is about The same. Each plantation has
s very gradual slope, 50 that they can
u irrigated. as s rule, by letting the
water from one rice patch 20 the next
one below Il. Where in portions OF the
plaintiffs land this method Is nor pos
Sihls owing 10 many al the patches be
ing On The sane level, water IS con-
Quoted 20 The patches below them by
independent bitches
The plaintiffs claim thar the w2iksls
river Is subject 70 heavy treshsIs which
occasionally Srs 50 great IS 20 overflow
me land On both sides o. the Waikele
stream. 70 rhs damage q the rice plSn-
taE;o1S. We understand that the plain
Ii@s admit that these exceptional fresh
els % extraordinary volume would not
bs materially Increased in their dam
aging effects by the presence OF the
dam. bnC thar there occur frequently
t-sSSs-s o. considerable size which the
dam would seriously augment &nd cause
The wafer 70 Eow upon the plaintiffs
plantation 70 their damage, and th2c
The presence o. CEs dam Is s constant
menace. Ire effect Of the dam IS 70
r1iSs the general Level o. the water OF
The river s little over TWO feet above
its normal height and 70 back the water
NJ me river : considerable distance
Plaintiffs Witnesses say that the wzrer
IN these frequently occurring large
frsseeIs woaIG Be raised by the dam so
F CEzI The wafer would overflow the river
hank O. The plaintiffs side, II being
lower than DEFENDANTS, znG thus great
/ Y damage their plantation This is dis
I ruCeG hy Defendants Witnesses None
such trsskec = testified 70 IS having oc-
I Cured since the dam, was completed
and q zc Inspection o. The premises
/ and IS 1 result o. experiments made II
+ closing and opening the gates Of the
dan we Grs not Convinced that such
would necessarily bs The case. the hanks
II The HEetizte reIghhorhood o. the
I dam being high enough 70 couEre the
water o. o-diEzrT tres1s-S 70 the river
F. led. We CzE1L roC 70 ecioIr the main
+ -z-z-ce OF : dam without which The
defendants, enterprise would perish up
O. coClecGu2i testimony Where tbs
liability 70 injury : doubtful The sI-
-raC-+frzrT remedy b. injunction
sr0clG he Withheld. and Es are cOc con,
Tl-ce6 n This case q the tuuIzenee
q he danger Eigt On LrInctIO1s
e.. See. q s&TS- An Injunction should
i rsTe- be granted except IL clear cas-
q lrrsparabIe injury, and with tuL
cocytcct0- u the part Of the Court O
rs Cgsc1 necessity
he other ground advanced By plain
riEs for he Injunction Is that the dan
II b&chgC the wafer o. The rive
VII interfere With rts elective drain
zzE q pLztr-ts lands We ErC
rkzE = x eSsez-LzI II rice cultivation u
drain q tks TGtsr from The ries
p&1e1ss twice. GEug each half year,,
c-c-- TIE land skoCIt he Grzired frs
zhogz Two uoc-hS after the rics plant
k1v$oeeE SCI ogr- and b. ET-hoCL waite
far iron ols 10 to1r weeks, zceo=Gizs
: % Chs ExtEre @ Lts soil II order Il
szrszS-kEz TIE growth @ tie plant an
@-Sl--- = r=-- u wv -tALLE - GEL =
tzrTEs-ss5- Il order -hzr the land uzI
be Hardened While tie AborErx zr'
walking 1hrpEgt TIE feds and rsaptzs
d. ChE r5ee- Il ( oeTiozS that this Is neass
SErT t1C Ire coCTsEts1ee II the labor
ers. and that ksa1< @ rice be uct LzIG
EtsE CIT II soft md TtEc- too Il.
Lzlc UZSz c0t ke Ezrsr-<uaEsG whsL
the Esz plCTug far Ch= uET- erup
heEg dana =@t from the rEszzr11-
and from Inspection q the premise.
lhL The haeEEg Up Ct the wzrer b.
this dan VII obstrrlct sauewhzE III
prompt and eEsc1uzI draining Il III
|. FIsEirrl1z A1G Tie Presenes oF wzEE
oae1=c u from LhE river II plaintiffs
drains VII g1folbt=t1EF have this Il
f=eL Tie plaintiffs rIgh1 70 prupe
trzE1zgE should EeC he EzE=rfzr=f. VIII
bF 5sfEzatEzEz' dam and PLAIN rltzs ar
s1EI=t IG Z GefrEe 1rJierLzE Defendant
u rED0TE Al The gzrEs FINN the dan
WtEceTEr- q Reasonable zQCIee, Ii
EI.EEz-izz r=,--+rs Eh5= to ts done N or
1er that -hEF my drain their Land
Eide CsTI-I7zEIcC II this EEiEa5Glrt-S1rl
L 20 similar II Character On The plan