The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-06-30

Of vyator
There are several expressions in the insruinort MI
",'u'" mat indicate this The right granted i t att anil
', ""''' "o Io' wd purposes to enter Ipon tho I,rd
''' '''' "nu construct such dams or other work. . ~
~ " "'"'' 7" oof"'H and use such water \ oain
N' ' u' u the lessee shall think fit to take and ,. tho
water OF The said Maxwell river before trkioo tho VOTE g
N'H' river ne shall be at liberty 10 do .o Iut if no bu L.
D. shall not take the water from tho Kr -
"lhn SIX years after he shall have commenced roli -.
che dcmiscd premises" "oJ ,t. sugar
"o enclose the demised lands before commencno
' "' one 'F NE other main tcdtcy cads :" mon
o' inc lease THE lessee shall be liberty to remove
from the denlsed premises all buildings and bou.os MILL an
- % '' any standing fences wharf fix
lures or mooring buoys fumes or ,rate, piDjuo thereon
And the lessee shall always have the ricbt IS
way Tor and access to his piping, dchcs fumes and tq,rous
IVY. ' " "''' 'n''' "And that the les
"' may have five watering places along the line Of the l
"" "' yea" Tor watering the live of the lessons Il
c drcrSoR of the for use ON the dcn,od lands h1
't here intended and provided for and not use on the
spot without diversion
II the power Of the running and falling waters may &c i
or used by the esecs for generating electricity bv the 1
nnt OF machinery, etc. in the river bed or on the adionp
nd then this construction will lead to the result that other
uuocturng establishments beneficial the plantation NAV
be- similarly set up example, saw-mls and planngmls
driven 10y such power for preparing panks other lumber for
Use IN mlbuiings and other structures the plantation be
" the sugar mill itself might be erected and main
'd NJ any waterfall in tho stream if were deemed pro
h"bc or desirable to do The principle is the samet
would be use of the power the same place and for
The permitted purposes No such grant of the right to so use
The lands not demsed contemplated be held to have
Lccn created by the language Of the lease
No question is raised this case as to the defendants rigt
TO use the granted water in any way fit after it has reach
ed the dmcd lands provided only it for the purposes named
in the instrument.
The main object of the lease no doubt the establishment
vt largo sugarcane plantation and the granting of facilities
which would tend to make the enterprise Success At the
same time Is clearly apparent from study of lease that
The lessons extremely careful make all possible reserva
tons and exceptions in their favor and this too in addition
to The rent direct compensation stated, which consists of
share of the product 'No rights outside the dcmised prem
cs other than herein granted hereby the esee
they added. Just what agreement the parties would en-
tered into in regard electricity had that subject been men
toned or thought of is altogether matter of conjecture The
lessons may possibly have yielded the lessee rights equivalent
those claimed by latter but there at least as much
ground for believing that the right granted would have been
made subject to some restrictions and reservations.
To the first question submitted wit "hether or not the
Hawaiian Sugar Company has the right under said agreement
marked Exhibit Az (bcng the lease Watson) o all or
uch may require of the power of said stream meanng
thereby the power of said the and falls
hcrcn lands other than those demiscd) during the
II It's said agreement for the purpose of generating electricity
' u7cd on us paha'u
that the Hawaiian Sugar Company has such right
To the second question submitted w.t. whether said Fred
j. Gross has the right proceed and develop said power
uadcr the of his said lease that Fred j.
Gross has such right subject however, all rights acquired by
the Hawaiian Sugar Company through the lease w. r. Wat
These rights Of the Hawaiian Sugar Company include in
opinion the right divert and the water of the Koua
for purposes the Watson lease and the right
divert such any point in said river above
.uch works plaintiff may for the purpose Of creating and
Icvelopng electrical energy power
Hagoon &C SWimdu, kHHey BdIou 6 HcCidndhdn and
Robertson Wilder for the plaintiff
2. w. Hatch, w. -. Smith and II. -. Mead for the de