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

Ter or he would have had it in writing
O. You admit you if Schussler was there Oh "
spot railroad started towards Waliuku
acting Sprecke gave them permission 10
build out towards Waikiki they afterwards built anu
promised them and opportunity
offered that general authority would be given and that WIN
the knowledge where this had been already bu ne
signed that paper that that would have relation upon
rights maintain that Kahulu towards Wal
luku? A. Well of you calling for conc fusion
based upon your premises. There might be an equity
there am not prepared there would not be- Permit
however that upon construction of that agree
of the facts circumstances had known thenl
and they not as
know that they but you infer that they the
only change modification been made in the
for the injunction would have been allegations
based the in that document that was cove
nanted agreed might future improve
men that the document nothing than grant OF an
that the fee of the land still in that had
right to use it in any way which would not substantially
interfere with the granted that there
threat although using lawfully and properly with
force and force from when using
it in lawful and proper without interfering with the
granted Upon your assumption upon the facts
makes difference in the injunction understand it. In
other words desire impress with that because
the contention here of cOncealment from the Court
consider that would be entitled Injunction and the
construction impossible hypotl
ess
c. Mr. Wheeler taking this map referring your
proposition that the relations Hebron
might have eectuaed certainly have released from
being respasses you this proposition they
served the right make improvements hereafter
said land what land do you say that said land?
A yea correct in your construction that that grant
might refer to land west easery rather of Samuel
Pa2kers land would say, that that then
that referred to the entire route the road IT, the
other hand, correct in construction, the covenant
does not apply and you there without right
O. this refer certain lands apart
he cultivation of A. does
O. this land down here Kahuui this crossing
suitable is sandy soil unfit for cultivation?
A. OF exactly inform you that my i'm
preston would mpracticabe it al
though probably good of
that actually using under irrigation at the
present time
O. information led you believe that that
part of the land set apart? A Oh,
O. "Now this is to certify that Claus Spreckes after
having the Crown Land Commissioners the
privilege of granting this right of said land
the annual rental of dollar hereby grant
said H. Hebron the right construct and maintain
said land single line of railroad track for the term OF
it is in running
within two from date and that the route of said rail
road does any the lands apart the
cultivation of and other
whatsoever interfere with the fences buildings dches crops
and other said lands
made thereon" Do you possibility of construction
that reference improvements hereafter put
the land to refer to the land apart for
any possibility for sensible effect
take that you referring dches fences or
any other improvements that you referring any
particular portion that be apart
referring any particular portion may set apart for
bitches or buildings wherever it may be-
O. you understand Claus spreckels saw fit to
put residence right in the middle track he might do
so? A. take it does Claus Spreckels or
his interest desired and eeti
of the corporation that place thew
would be permitted to do reasonable provided
they did interfere with the easement that thew wopla
be permitted railroad crossing lust as am in
formed and verify believe they at least breo