Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1898-05-21

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proaches to the railroad wharf
have been dredged. That deep
water in Honolulu Harbor is in.
accessible from any private lands
upon or adjacent to said harbor,
and is inaccessible from the fee
simple land of the defendant com
pany except as government lands
in the front of said private owner
ship can either be condemned for
wharves or dredged to a sufficient
depth and set apart as a water. way
from said private lands to deep
water in Honolulu Harbor.
%. That the defendant com
pany caunot enjoy the right to
own wharves either in Honolulu
Harbor or at any other harbor or
points on the Island of Oahu
without using government lands.
That no hsrbor line has been es-
tablished in front of the fee sim
pie lands of the defendant or up
on the premises covered by the
lease to defendant or upon the
strip in question.
80. That the defendant, upon
being apprised by l.. A. Thurston,
Minister of Interior during the
year 1889, that the government
would not ALLEVIATE to the defend
ant company in fee simple any of
its wharf lands in Honolulu Har.
Dor, expressly claimed the right
to acquire the same if it chose.
That on the 3lst day of Decem Der,
1889, said company formally in
stituted proceedings to condemn
the fee simple of piece of land
in Honolulu Harbor, which in
cludes all Of the strip in question
in this suit. That the acceptance
by the defendant company of a
lease from the Hawaiian Govern
ment of portion of government
land in Honolulu Harder includ.
ing the strip in question instead
of condemping the same was de-
cided upon by the defendant com
pany as a matter of policy and
expediency for the time being.
30. That on the-day of De-
cember, 1897, the defendant com
pany rendered to j. A. King,
Minister of Interior, United Safes
Gold Coin, the sum of $4,000 |
compensation for the acquisition
of the strip in question sought to
be condemned and 500 compen-
sation for free deep water right
Of way from Honolulu Harbor
from said strip and that j. A.
King, Minister of Interior, de-
clined to accept the same.
81. That scrip for bonds upon
the terminal division were out and
in the hands of bona ide holders
thereof prior to the acceptance by
the defendant company of the
lease referred to in plaintiffs
complaint from the Hawaiian gov
eminent to the defendant.
32. That on the Both day. of
October, 1889, the location Of the
terminal division of the Oahu
Railway and Land Company to
deep water as such location now
exists was duly approved by the
Hawaiian government and that
such approval was granted upon
the express condition that the
same should not apply to or any
wise bind the government in and
concerning the location of the
wharves proposed to be erected by
the Oahu Railway and Land Com
pany, nor as to the amount or
location of the water front to be
occupied by the company, the To-
cation of said wharf and water
front being the subject of special
agreement then in process of ne
gotiation between the government
and the company, and that said
location was approved subject to
no other condition or agreement.
33. That there is no evidence
proving or tending to prove that
the Hawaiian government ap.
proves said location to deep water :
upon condition that the company
waive or surrender any right to
ownership of wharves in Homo
lulu harbor or of any right
to condemn government land in
Honolulu harbor for such pur-
pose.
81. That the defendant COM
pany prior to the bringing of this
suit instituted as provided by law
proceedings to condemn the strip