The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-06-16

June. 1895. os these premises from the
eo-6essn6anx. Bishop GalStan, and
plaintiff alleSes that IL was in fraud a.
his rights TO renewal Of the lease
Various points were argued sc the
hearinS BY both parties, among which
the oaeSkio7S first 10 ee Considered are
whether any contract of rsaswsl of the
original le&ss Or any contract for a new
lease was made and II 50 was such coa-
-~Scs srscisntly definite and certain in
lis ;sraS that equity can enforce the
specific performance 81 IL
The evidence offered wS> coa1ietiuS,
ard without considering the sGmiSsi-
hSiiSy o. oral evidence 70 make or vary
the terms az written agreement, or
whether an oral contract within the
statute Of frauds esn. be allowed 10 b.
proven 70 uphold the allegations of the
hili. re saS the following as most IA
Vo~SAls for tie plaintiff:
The Bishop OF FanopoliS IS the head
o. the Roman Catholic Church ia HS-
vSSS- Sa6 has Iun control over its prop
e<ty within the islands. and the RICH;
70 lease the same. That he Is the sue
cesSor Of the late Bishop OF Obs (de-
ceased. who had the same powers and
reAts- The principal residence Of the
Bishop Is il Honolulu
On June 1ss. 1885. the Rev. Father
ChGs- Pouzos now lately deceased. q,
Hilo in the Island oS Hawaii. acting on
behalf Of the Bishop OF Olha and his
SUCCESSORS IL Office. made the original
lssSs 10 the plaintiff.
!. o. May 81, 1857. FSthsr Pouzos
wrote 70 VierTa:
hereby eertify that have promised
20 Mr. Joseph Vierrs. ar the expirsrioas
Of The leases now from the Catholic Mis-
sion row in Hilo 20 lease the same for
twelve (lsl years more If he wishes to
DO il ar the rental o. what the said lands
viii be worth ST the time. and provided
the head Of the Catholic Mission ap-
proves Of IL
Hilo. May 50. 1857
CHARLES POUZOr. c. Priest"
= yisrra testified that he had 8 CON
vsrsStiou with the Bishop Of Olba at
the Bishops residence in Honolulu. in
ISIS. where he called to see the Bishop
about this business. and said Il had q
written promise from Father Charles
for renewal OF the lease He asked for
how long 1 said for twelve years He
asked. What IS the trouble. for there is
quite long time for lease to run
yeCF / said / intended 10 make some
alterations in the place and il il was all
right that I could get the lease. He
said would have the preference of
lease 81 the expiration Of the lease
held asked how much would / have
10 pay He said he would not tell. but
that Father Charles letter was plain
enough that was 70 pay what il was
worth AZ cine Of expiration OF lease.
At that time the Bishop did not give
any indication OF the limit OF the price
to be paid-not AZ that time
! \ second conversation with Bishop
OF Olhz was had in 1891 Vie-ra 1es-
tiled Bishop said should have a re-
Eevsl OF the lease ST the expiration OF
The one held Il wished 10 haTsA i ask
I'd the Bishop how much / would De
required 10 pay when we should renew
the lease He said that ST. was little
100 cheap. bur SIS is right rent think
you ought 70 pay. Think you can afford
that told the Bishop that was salts
factory. No other person was present
AZ these conversations The Bishop OF
Olbs died in February. 1882" Vierra
further testified that he never showed
this POUIOt document 70 any one, not
even 10 either OF the Bishops His rea-
son was that be did rot think il neces-
szry-
Z Visrra testified As 20 an orat-pron-
iSe By Bishop OF PanopolIs- successor
10 Bishop OF Olba- OF April z5. 1893
Bishop said Vierra should have renewal
OF lease without question, q renewal for
twelve or fifteen years. not 10 pay TO
exeeed twice what he vas paying. s5i
Per month
Bishop OF PzlOpOIis' testimony: vi
ezra asked ne for rhs renewal OF the
mission property II Hilo- told him no.
I cannot give you z renewal OF the
lease nov Then ne asked NE If
could have II 81 the expiration Of the
old one And ne said I asked you thar
because have been told By somebody
that the mission Eill not let me have IL
/ told him you can have II as well as
anybody else provided you viii offer
the mission IRE same price that other
pSople oIsE- Tnea he asked ne hov
muea zll lie Be charged for 4 renewal
Of the lease said nobody can tell nov
what the lands vii Be worth in two
years rom ncE- 1eezuse this lease viii
expire in two years ! said il may Be
worth less than i Is low, but as re
have new form OF Government AM
there Is talk OF annexation, suppose,
EhozEz- tie land VII BE worth twice
what IL i now He asked mE 70 give up.
resign the tSo years Of lease he had
row Of the old lease II consent 10 make
z 7sE one / said no Then he asked
about the Improvements he will have
70 p1r On his premises those two years
And said yo1 mzy be sure that you
UiIl hSTe the renezrsl Of the lease If you
offer ne the same Price Is others vi
ezra never told ne AZ the time that
he had z prinise for q new lease from
Father Charles Pouzot- l never saw
this Pouzot letter.
5 Letter Of Bishop Of Pznopolis. De-
cenber Is, 1854, 70 yierra- I
beg ron ererr-e far ro- an