The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-01-28


petitioners sufficient
Controverted Water
Rights in HaIawa and HaauIa North Kohaa Ha
OPINION
The controversy case having been years
of discussion between the parties, eliminated the
9TH of October, action before the Commissioner Of
Water Rights wherein the plaintiff Hawaiian Corporation,
declares says defendant Wight NJ. d. of a
wa Koaa, Hawaii within the three years last past
without right against the right of the plaintiff has off
and diverted the flowing from certain ancient
ditch auwai, extending place called kupunao
kane the upper part of IIaIawa in said Koha
has taken from time time portions of the flowing
therein that would in flow therein which flow
INSTRUCTED ndimnsed quantity the plaintiff is and has
for long twenty years been entitled. And plaintiff pray
that such and dongs by defendant may be ordered
that said water be restored to such auai ditch and the
defendant may be directed modest Interfere herewith
The Commissioner twenty-five days hearing the oral tesi
mony taken Kohaa both sides. To complete the
dispositions of several witnesses who unable ,efoc
Commissioners were received Witnesses were
med before clerk of this Court in Honolulu by consent and
considerable documentary evidence filed The Commission
rendered his decision 4t of April 1895 which he
found that the plaintiff had acquired the right the in
by prescription and awarded onehalf of the
from the "Kupunaokane' water head to the plaintiff.
This decision is its face wrong. 1t is not responsive
The of the plaintiff. The complaint alleges plaintiffs
title the by prescription, diversion by defendant
and asks for injunction to prevent its further diversion 1t
does pray that the rights of both parties the
overy be settled and apportioned There moreover
evidence in the record leading the conclusion that plaintiff
IS entitled half the water and presumably, that defendant is
entitled the other half careful examination of the whole
dscoes plaintiff had by
visible, adverse, continuous and hostile of the for
twenty years and acquired exclusive right it, and
to
ed refused accordingly the Commissioner found that the
title of the plaintiff had been established or
We have carefully read the recorded testimony consisting
600 pages The of it from Iawaiian generally
aged persons 1t is somewhat indefinite dates of the actual
conditions of the bitches, heads and springs of in
localities of the disputed water and its the time
observed by the witnesses But references to the dates of terms
of office of the managers of the Kohaa Sugar Co
ain have rendered much testimony approximately certain
the dates of the of the testified the
respective witnesses.
great deal of testimony hearsay being statements
made witnesses by their parents grandparents which,
though presumably admissible in of this and
objected either side should be carefully weighed
Several facts conceded exist wit: That E G. Hitch
cock deceased) of the Koala Sugar Co., from
inception early in 1868 the end of There followed
below mentioned managers the order given with the
of their respective ncumbences c. W. Wlfong (now
ccease) from December, 1863 October D. d. Bald
win, from 1865 November, 1872; G. c. Williams (now de-
csed 1872 June, Chaplin (now dccease) from
June March, 1898 when George Renon appoint
held the date of the decision. 1t is also perfectly we'll
settled and conceded by both parties that the head
troversv called 'Kupunaokane and that
the land 'aawa' owned by the defendant 'Kupunao-
kane appears be hole in which from large
of swampy ground collects. 1t strictly spring
in the coming perennalv the
invisible suberranem We however call it
SPRING In time of drouth its dmnhes greatly in
amount though is less affected by douth than other
sources the vicinity. The natural flow Of