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


very likely failure in another namely the of the
Wauku Commons occupied at that time by Claus Spreckels
the Hawaiian Commercial Company. And that belief
strengthened from the fact that docu
men appeared of record.
the document which | hold in hand and
which your carefully read which
your Honor understand and believe to have been
executed time subsequent to the construction of the road
from Kahului to Waiuku.
H Hebron of Honolulu H l., being DESTROYS to
railroad from the port Of kahuui Island of Maui
portions of the land known the Waikiki Commons
leased by Claus Spreckes from the Crown Land Com
missones for the thirty from July LIST 1873
land towards Hamakuapoko, Makawao and adjoining
gons Your Honor takes judicial notice of the fact that
Hamakuapoko Makawao adjoining regions directly
the opposite direction from Kahuu than this branch road
tends Now this is certify that Claus spreckels, after
"hayng obtained from Crown Land Commissioners the
privilege of granting this right of said land in
seraOn of the annual rental of dollar hereby do grant
H. Hebron the right and main
single line railroad track for the
my lease provided that constructed and in running
within years from date and that the route of said
aroad not the lands set apart by for
he cultivation of and other crops nor IN any
whatsoever interfere with the fences buildings,
dtches crops and other improvements said land
thereafter Permit remark in pass
ing that this document did by construction refer to the
portion extending Kahuui toward Wal
luku that belief and conclusion that this clause rela
ing improvements be hereafter made thereon would per
NIT the plaintiff to have the right to the railroad But
this after all nothing but the of easement and the
the company Moreover conclusion is that
construction be ap
piled to the portion of the road west of Kahulu.
provided further that said confines itself the sand
stretching Kahuui along the beach in
ery direction except in that portion of said Waikiki Com
mons located eastery from Section of the Typographical
Survey said land made for me- That section of the
typographical survey of the land made for Claus Spreckels
understand to be field plat and this section to lie in
direction toward Spreckelsvle from Kahuu and that the
DETECTION of the said from the line
along beach your upon the map,
through the actual land of the plaintiff and that that
point where makes the lands and leaves the shore is
at or about the point known as Section l.
which point to the easterly boundary line
the said Thomas H. Hebron hereby privileged
his railroad and along the strip of
"apart by for road Haiku Another matter of de
scrption which in opinion points being toward
Haiku.
Located norery from the norhery fence to be construct
led by tenants; provided that the said Thomas H.
"HobrOn leave roadway of not less than chain sixty
sx feet width between the of said railroad track
"and said northery fence of mine At such
points where the said Haiku road said railroad
he said Thomas H. Hebron construct convenient and
subsanal crossings and maintain them during the entire
tem of his right of way It is understood and that
all the rights and privileges may be assignable.
In the suggestion of counsel that this document
concealed from the Court beg that in opinion
and belief had and present opinion and belief has
reference the portion of the line extending
ery and southery toward Waikiki from Kahuui
document relating public square upon the Island of
Oahu Take the actual expression and designation
document coupled accordance
with then and present information belief
road constructed this document
after the date of this document whereas the portion
road in controversy constructed before
document and your Honor has
this document
Mr.. Kinney. @. Where you informed or where do
understand Kahuui is