The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-03-31

lands and 0he being owned 10y the Republic
Hawaii between the strip portion Of land hecuatovc
demned and containing -cvcntynne hundrtis 79OO acre
and portion thereof and deep Honolulu har
and every part thereof and the right for said COMPANY it,
and assigns sail, haul and otherwise transport
sells and all other whatsoever and over
said right of way and every portion thereof
The of land be Of said water way
amounts seventynine hundredths (59IOO) acre
Company estimates the value of $1,000 which
will be paid YOU the Company in
Honolulu such place YOU may pleased designate
The Company estimates the of the perpetual right
by aforesaid be which will he paid
YOU the office of the Company Honolulu. at
place You may be pleased 10 designate
Honolulu, November 9TH 1897.
Description of land bc aforesaid outside the
perpetual right of way by aforesaid.
Beginning a point formerly marked a concrete rnonu-
the southeast of l. c. y ,s25 X p 1871;
thence s. 10 39 W. III feet along said L. G. .223;
thence 80 3O' F. - thence 60 w feet;
S. So w. 81 feet thence : 30 W. thence
so f. feet thence " T. feet;
IL f. feet thence n 21' w. feet to hc initial
opint.
(Signed by president and treasurer O. H. " l. Coz
Reference the map accompanying the application for ar
proval of Oct 29 shows that navgabc
of the harbor covered in the proposed terminal division.
rected earlier part this decision approved the location
with the proviso that should bind the
the and location of the front bc occupied by
the Company The Company then reduced the the
navigable be included in the terminal division
acres which understand precise demc by
the lease portion only of the sought be- taken
by condemnation Railroad Company being Of
791OO of the front line being considerably andwarl
of the front line of the demsed premises also the perpetual right
of from the proposed condemnation and
part of the harbor 1t he regretted that the original map
showing the thus division
with the approval November endorsed upon y
of counsel however, copy made from the original
admitted in evidence The lease itself rces that Whereas
the Company acting upon the authority conferred upon by law
has located branch of its railroad from Its station and depot
in Honolulu the line of deep in Honolulu harbo the
being known the terminal division of said Company,
approved by the Cabinet and the
description harbor line along the depth Of five feet
tide"
1t conended part of defendant that the approval
of the location unconditional and therefore the State has
given the railroad condemn land
included its limits say that thc giving and
accepting of suspended all proceedings
but it did have the effect of destroying the approval of
the location But the very object of the lease prevent,
the defendant acquiring the fee of the land and the
unwilling part with it by lease for any
specific time and only agreed lease the Company for
and thereafter long the Companys franchise
for railroad continued upon the condition that the premises
should be surrendered the Government upon DAYS notice
and tender for value of improvements 1t would lie ucquabo
consider the agreement for the of the land separate
distinct from the approval of the location The
conempoaneous and taken together constitute the II TIA,
respective parties 1t Is clear minds that the approval
of the location (of the terminal divison the line of deer
water including land sought he condemned would
have been given by the Government had the lease beer
agreed upon.
Tits to be noticed that only small portion OF the land 81 th
under deep navgabe demed To the Company
included in the location But the Company seeks
denim the perpetual right of for it, craft from the n
condemned and all the harbor Of Honolulu