The Hawaiian gazette., 1901-05-03
YESTERDAYS
COURT NOTES
rwo MonF INV ATTORNEYS

the pisltct courts ana before the Cir
vult Judges W tho Territory az chambers
100 upppni, and upon taking his oath re-
coivod his license
a. KIuaihlo was also examined ad-
mlttcd ana licensed
SUGAR COMPANY CONTROVERSY
An answer has been died by the de-
PENDANT In the ease OF the Hawaiian
Commercial and sugar Company W. wal
lul,u sugar Company to the plaintiffs
hlll for an injunction.
II g. dVuiud that the plnintin ig the
owner BOO Zee simple OF the ahupuaa OF
Waikiki. together with tie Kouohik and
other rights II 'e 7liogeu, On the con-
uarv. that the ahupuaa OF wailuIu was
originally a crown land OF large extent,
that the valley OF the Waiuku stream
IL a portion Of said ahupuna and forms
"a natural basin ON it's westerly portion.
and that the waters OF said stream and
the kunUhild rights concerned are appur-
tenant TO the land within said basin, and
To no other portion of said ahupuaa.
1t Is further alleged that while said
ahupuaa was In the possession of ths
crown the business OF sugar planting was
begun In said valley by various tenants
OF the crown ana the waters OF Wa.,u-
lIu stream Were used for irrlgating the
land; thereafter kamehameha w., one
Of the sovereigns of the Kingdom sold
no l,ulo land suit,bla for culti,,,,tn, tr
snid valley for the cultIvotion of sugar
cane, with the exception OF twenty acres
and this defendant liz now the owner of
all of said kula land, with the excep--
tons aforesaid. The sale by the crown
carried all the konohiki rights, together
with the right to all the water flowing
In Wailuku stream over md above tho
water appurtenant to the tula lands Of,
the crown and private owners An Of
these rights. II ia alleged tho defend,n,
ana its predecessors in title have ever.
clsed for more than twenty wears II ia
admitted by tho d,fondont ,h,. a..
plaintiff is tho owner in fee simnI. of a
large portion OF tho ahupuan NJ Wai,,,N
ku together with certain Of the konohi,s,
rights annurtenant IN such nortion hut
It is alleged the portion of the ahupuan
OF Waiiuku owned by plaintiff does not
ihciude any OF the kula lands In the vail
icy OF the "aiiuKu stream suitable for
cultivation
open, notorious. continuous and ad-
verse possession OF the water rights In
question, without reference to the rights
OF the konohiki' Tor over thirty years, In
hieScu oy deIehdant'
Delenuaht alleges az further and
separate answer, that plaintin holds all
lts CLAIMS ,,. TO ownership In tho ahnpnaa
y. w"',uNu ahu Appurtehaht water
an'es rom one ciaus spreeheis anu 10
~ olner MANNER. tnht IN ss4 certain
wa.er controversy came oetore a. q. M
i.ooei'so'i' spec'ai commissioner OF pri-
na.e WHY'S anu "ateI r'sn.s, anu a1ter"
49,. " upp,a, W ing oupFe"e Sourt-
'y-eIsht pniihtiIs IN this cohtroVer-
sy prousnt sun against the Waiiuku Su-
snl COMPANY ana Slaus spreckeis. de-
lchuas' ~ aNesea tnat tns supJect
n'a'ter oi 'ne present Suit ana the one
reierreo 10 10 tne same and the record
oSoense anu Judgments IN 'nat case are
psnu.u AS oee'siSe Oh Ill ths iSsues
rslseo fra
ne Shs"sr 10 lengthy anu many other
piiA"so Vi me controversy are rephed 10.
'ne oAs eon'"'ssy os'ns aieo sohs,o-
~
GOVERNORS COUNCIL
Ysst srdav wan tia re~u,sr aax sor IN.
ssssion Of the Executive Co.nSl. bur,
N there vsrs vary few head, - denart
msntn lsft. ana IN. Goyerno va. I'm.
a,spo~sd no rnestInr vas held TSn fol
lsvias opinion. however. was i've. OUT
By Attorney General Dele:
II have the honor. At your reauest to
submit thu following rsport relative IL
he application OF DIT, James Fl. Raw.
aond for permission to prospect for wa,
u>~ in the nd Of Kahihinut AID ~
found TO use the same according 10 ths
,srns which h s6srs.
"Ths facts a. l undsrrtana theu ara
- follovs: Kah,h!nui In n tract OF
about II 900 acres. Mona OF II N eapabls
sf being utilized for agriculture; part OF
IL 10 mountain pasturaRs ana the "a
naindsr il a waste of rocks. DR.. RAY
mond In in possession as assignee Of a
lease from the Government. The lease
has about thirteen year, TO run. The
value Of the land will be greatly increas-
I'd IL q supply OF water sufricient for
drinking PURPOSES can be developed DR..
RAYMOND has already spent about
thousand dollars prospecting. and has
obtained sufficient water TO supply one
drinking trough. He thinks It probable
hat by tunnelling six or eight hundred
feet, enough water can be found to I'LL
. one-half inch pIpa. This win REQUIRE
,uite a large OUTLAY. Dr. Raymond's
ia 10 assume the risk and az