The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-07-01

which hereafter
being the island of Maui in the Hawaiian Kingdom and
lease let and demise such him shall
to ask demand sue for recover have and all
money due from any person
person the said island Of Maui arising from founded
any NATTER thing whatsoever; institute. maintain
and prosecute any action law equity that may be be
necessary protection AMI maintenance ii any my
rights said island of and appear for AMI defend
any equity that may be brought
any of the Of the Hawaiian Kingdom and finally
: to do and be done such works building and
the said island of Maui he shall and in
such and such he shall deem best making
such therefore he deems best Giving and granting
my said attorney full power and authority do and per
form all and every and thing whatsoever requisite ami
say be done in ard about the premises fully all
and purposes might could do if personally present Here
by rafyng and confirming all that my said attorney shall law
fully do o be done by virtue hereof
It is presumed contrary proved, that every
performs all his official and social duties The like presumption
also drawn from the usual of private and
business where the primary evidence of the fact wanted
Greeneaf Evidence Section 1t is likewise pesump-
tion based the experience of human conduct in the
Of trade that usually vgant in guarding their pro
perry and prompt in asserting their rights and dgent in claim
ing and collecting their dues Creenlcaf Evidence
ton So.
1t may be presumed therefore, certainly if corroboated by
other evidence and by none that Mr. Schu-@cr
made objection the building of the Waluku branch of the
kahulu railroad and brought claims i'll regard the
because he eiss in the discharge of his duties
because he knew that the railroad being
cor,ance with understanding Sprcckels
Mr.. Hebron.
September 22d, 1879 about the that the Wauku branch
finished, Mr. +. F. Porter became general manager
of the Spreckel Plantation, he expressed it, 'of
everything there" and Mr. Spreckes and the directors
of his company shortly afterward Mr.. Porter
testified that he instructed by Mr. SpreckeIs let
Captain Hebron his road anywhere the
panys land and his discretion hurry up
with the railroad Spreckevie; Mr. Spreckels
in May 1880; that the Kaulu Railroad Company
then operating its the track from Kahuu harbor Wal
uku; that it there when he Porter took possession in 1870;
that he Porter questioned their right that Mr. Spreke
the track there extending Waikiki and the running
the track that he Porter manager months,
during which Mr. Spreckes there perhaps four five times;
that all such the Kahulu r. r. Company operating
its the track from Kahuu harbor Waluku that
while Mr. Spreckes did any objections
the of the track make claims against the Kahuui
Railroad Company in reference to that track from the wharf
Kalulu Waluku; that the Spreckclsvllc drinking
brought the railroad tanks
had many free ride and Mr. Sprcckes travelled
Waikiki very often that the witness himself the Sprcckc
vile used free and that during all of the when
the San Francisco capitalists the president and directors plain
tiff corporation there the witness did directly in
directly hear any complaint against the this strip land
owned by Mr. Speckc and the Hawaiian Commercial and SUI
gar Company by the Kahuui Railroad Company
Almost Immediately after the completion of the Waiuku
branch September both 1879 Spreckcls granted
Hebron rights of way for further railroad construction. It i
claimed by the defendant that this decd Exhibit y included
the road already constructed We do find; but it i
circumstance in connection with other circumstances tending
prove acquescence in what Mr. Hebron had already done.
1t is further in evidence claim OF ~Ta title
made against the defendant It's predecessor until about
eighteen years after the railroad in question constructed
until the relations of the parties became anagoni-tc al
though, during all of that time, the defendant grantor
doing business Il under the ewes