The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-03-26

SION has no rights releasing reersion;
powers Lands beyond leasing for
thirty years collecting the and paying them
with the provisions of the that in 1873
[ is from the document have just
read this Land Commission exercised and spent its full
powers Waikiki Common by making lease thereof
Claus Spreckes thirty years. understand
which you have read made number years after
the Land Commission had spent functions
these lands in the second place. that purpos give
leases Legislature upon
mission to give; in the next place that to
those releases understand that they relate and
fairly be said to relate the particular land here
versy, they consider being
intended property shape of buildings parti
cuary port Kahuui properly speaking the property
a portion which is involved the condemnation suit,
which is involved in this proceeding Furthermore
lawyer the Crown Land Commission could
through of its commissioners merely signing the
document and the document far have it pupors
be signed by by three Crown Land Commission
and is therefore null and void
O. AS of fact has the Hawaiian Commercial Com
pany since has acquired the property you could
discover hear disturbed Kahuui
in the of that particular track which the
ing is made? A. No sir have they up this
understand it.
O. Except by this crossing. A. There a crossing there,
but understanding that it has been made careful
MANNER that the crossing purposes by
in the traffic of the Kahuui Railroad Company that
if it conceded that the Kahulu Railroad Company did
have in lands that owning the
have the right to that easement in lawful and proper
not to impede it's use and that we have so
crossed without impeding it's
road Company in the full possession any every right
which it had claimed have had in of the
premises and easement at that particular place
O. Did you make any effort learn Claus
Sprecke of his agents the grant the time
the track being laid Wailuku did you
make effort to learn? A. did legal
Importance consequence.
O. Or whether both either acquesced in the
laying of the track acquiescence
while might affect rights the it
my judgment do and would not judgment
ere without right to the way that have done.
Under the claim that you have right to put your i'm
provements wherever you best? A. Under
ownership in this action. We the that
being the of the fee have the right any
way long do not interfere with your if
you have
Q. Do you contend that if have you have
right to there? A Yes. The law requires that it
shall be in way
of the
c. And that considered by you advising
ing to be made, that of the law? A. The
particulars to extent it entered into my
mind have long understood such to be the
law, and it doubtless in directly indirectly
into my mind. I this whole question
O. Now coming the method of making the crossing; why
the crossing made night why directed
made at night? A [ understand that have to
limit of specific charged desire you
further specific charges before question upon it,
Mr. Kinney.-We contend that the company having
you informed your being
notice outside of the notice the papers
that their title there, and they having
large number of sending large
of there mic TO in
being armed without any notice
warning apprise Kahuu Railroad Company how
peaceful that have provoked stua
blood and resentment those people
threats if threats have been
employees there and that having
provoked row bv the oppressive doing