The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-28

rehet of force and intensity and that shortly before the
institution of these proceedings such she carried away the
greater portion of the wall and of earth and gravel
above mentioned and that the swept away
deposited suny places within the bed thereby obuct
ing the flow of therein and that the respondent threat
and intends the wall and
continue deposit earth gravel in the of tho
The prayer bill injunction
strainng the respondent from building any wall deposng
any EARTH gravel the bed of the Wauku stream
any way hnderng obstructing said
stream
After and trial. decree entered enoning the
respondent from building any wall deposng any
gravel in the bed of stream obstrucng
any way the flow of therein excepting only that per-
mission said defendant build if DESIRES
solid masonry wall resting bed rock contiguous the present
bank said where the high and
parallel the of said for the sole purpose of
preventing by said upon said banks
time of freshe and eserng the complainant leave
for order requiring the of any earth gravel
deposited in the stream after the of the suit
From this decree the appeal this
It undpped that the bed of the the points
ferred subject only in the respondent
ssng right the free and uninterrupted flow of its
therein and perhaps similar other pro-
peors the property of the respondent At best then the
complainant may properly for order restraining only the
of such the making of such deposits of
earth other material by the respondent will obsuct the
flow of the the detriment of the complainant
Two of complaint relied One is that the
sponden erected certain wall of and other material
north branch of the The WALL appears
from the evidence fact constructors but the evidence
also clearly and it undpued, that shortly after its
this brought freshet freshets
destroyed wall washed away of the material of
which was composed without thereby causing any injury
the in and
further that the respondent does threaten intend to
build the wall build any other wall similarly situated
the this branch the exists for
injunction.
The other complaint that the respondent has de
posted side of the and parallel with the bank
large quantities stone earth and other debris from tunnel
which being the neghborhood and that such de
pos they now the flow of and if washed
away by freshets will further obsrc such flow only in
the but also the compliments bitches leading
The deposit thus complained of the date of
the trial below about twenty feet width its widest part
and about hundred and twenty long 1t
upon the evidence the finding irresistible that this deposit
the ordinary and accustomed flow of in
the the supply thereof which the complainant
entitled bitches 1t is commended however, that the
erial deposited will be washed away from its present location
by freshet which the may be subject and that
in such the and particularly the complain
ants supply bitches will receive large quantities of the debris
and that thus the flow of will be interrupted the
painans dermen 1t may be that the first later reshet
will wash away the whole part of the material referred
the effectiveness with which the wall the
north branch shown have been carried down without
causing any choking Of the of the bitches otherwise
injuring complainant the finding would the eyi
U.s. justified that would be any chok
ing bitches material washed away. In
order justify injunction the danger appehendd and
sought be guarded against be real and upon sub
stantial basis
The contention is also presented that the maintenance Of the
debris present location viii the direction of the
of the change and the
thereof encroach the compliments land the other side
stream. This established by the evidence