Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1898-05-21
RAILROAD WHARF DECISION.
Continued from First Page.


Is. That the policy of the pre-
sent Executive of this government
is and has been since its advent to
power that the government should
own all the wharf room in Homo
lulu Harbor, and to that end that
they should acquire as fast as
practicable all such wharf front
age owned by private individuals
or corporations. That the acqui-
81 ion of such property is not ne
cesssrily to be followed by i'm
ptovements or the building
of wharves thereon, but that the
same shall be used for such wharf
purposes only as the demands for
increased wharfage require it and
only as the government has means
to make the Improvements thus
required.
10. That in reference to the
strip in question sought to be
con lemred by the defrdsnt com
pany, the government has no de
finite plan how it shall be used if
condemnation is enioined or
otherwise fails; that is to say,
whether it shall be used for
wharves or other structures or re-
tanned aud dug out as a part of
the harbor; nor If wharf
improvements are decided upon
when they shall be made; nor who
shall use the same when and if
made: that is to say, whether the
wharves thus improved shall he
leased to the Railroad Company
or to private parties to the exclu-
sion of the public or whether they
shall be given over to use by the
general public.
20. That no witness either for
defendant or plaintiff testified di.
rectly or indirectly to the effect
that the strip in question was ne
cessary for public wharves.
81. That the piece sought to
be condemned would furnish t.
the government a wharf 50 by $50
feet, furnishing thereby an addi
tional wharf frontage of $50 feet
aud that system of slips on the
strip in question would furnish
still less additional wharf room
aud would be impracticabIe except
by acquiring property in the rear
owned in fee simple by the defen-
dant.
%. That neither in the plead
ings nor in the evidence either of
plaintiff or defendant was there
any claim of intention on the part
OF the government to condemn
any portion of the fee simple
lands of the defendant in the rear
of the slip In question.
%. That the fee simple lands
of defendant have and from tim
immemorial have had depth of
water upon the side nearest the
harbor and that between said
lands and the harbor there has
been from time immemorial
sufficient depth of water to PERM
the company to trans-ship freight
from the east side of Honolulu
Harbor and from ships in Homo
lalu Harbor to the said fee sim pie
lands of defendant, and also vice
versa trans ship freight from the
fee simple lands of the defendant
into and across said Honolulu
Harbor.
"a. That the defendant is using
and for several years past has
used a number of scows now
capable of carrying 375 tons
trans shipping freight between
defendants fee simple lands and
deep water in Honolulu Harbor,
and that said privilege of scowing
is valuable one to defendant and |
materially enhances the value of
defendants fee simple lands and
that said fee simple lands have
by right such privilege, and in
connection Herewith the right
of access to Honolulu Harbor.
That said scows draw when load
ed from one foot to foot and
half of water.
rs. That the defendant COM
pany last year received and dis
charged over the railroad wharf
running out from defendants fee
simple lands total tonnage of
nearly 10000 tons, and that with
in three years there are strong
probabilities that the tonnage
over said wharf will increase to
100000.