The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-27
PAY 7 VICE
FOR WELL
Novel Question in
Pearl Harbor
Case.
ADMIT LEASES
AND RETURNS
Positions Of Both Sides Are Out
lined at Yesterdays
Session.

was begun in earnest yesterday. Lift
testimony was introduced, the day b
ing largely given over to the open:r
statements of counsel. and argumel
as TO the admissibility of tax return
. and leases. Several interesting que
tions were raised during the trial ye,
| terday. the most novel of which xs
the relation of the verdict allowi
$1,000 to the Bisnop estate for the we
on the land in question, to the preser
claim of the Honolulu Plantation 60.
Immediately upon the opening {
court yesterday morning the court dis
cussed with counsel the ACCESSIBILITY q
a visit to the land involved by The jury
II was agreed upon all sides that
trip through the plantation was imp. s
sible at present. because Of the recen
rains. and it was finally decided tina
| the visit to Pearl Harbor should b'
! made Monday morning.
| Mr. Dunno opened with a statemen;
for the United States. first reading the
petition and comparing the answer as
he read. 1.-The only question involved in
this suit" he said. lis the value of the
leasehold interest in these lands. The
plaintiff puts an estimate upon the lease
at $16,SO0. while the defendant claims
$500, co., OF which over $4,000 Is alleged to
be for money spent upon improvements
within the past three years. II will be
your duty TO hear the evidence. separate
the wheat from the chaff. and place a
fair market value upon the leasenold in
terest wanted by the government for
public purposes. The government will
try to show that the defendant. the Ho-
nolulu Plantation Company, is corpor-
alton engaged in the production of sugar,
ii has not acquired interests in fee in
this land, but only leasehold in tract
of 1900 acres. of which the government
seeks about 617 acres, and which has
never been developed in any way. 1t is
what is called raw land. crop of sugar
having never been raised on the land,
desired by the United States. In addi-
ton. this is not homogeneous piece of
land. 1t is made up of varied soils, with
marshy spots, and of little value Only
about one-half of the 617 acres is arabic,
supply, ard no water whatsoever, ex-
'cepting small artesian well of brackish
water. The soil is shallow, and if the
land were to be cultivated, water would
have to be transported. The defendant
in this case holds the leasehold of the
Dowsett Estate and other lease
which I will not refer to at this time
it is not known to what extent it Will
enter into the case.
Under the law the Honolulu Planta-
ton Company made a return to the tax
office in 1900 and 1901. and this leasehold
interest was put in at $4,000 for 4.72o
acres; this suit will have to deal with
but one-eighth of this acreage These
tax returns do not show all the acreage
included in the leasehold interest. and
which the company thought was worth
$4,000. II will be your duty as jurymen
to say what this leasehold interest was
worth on the 9th day of July, 1901, at the
time this suit was instituted. and 1 want
you to place a fair market value upon
it,"
Judge Silliman replied on behalf OF the
defendant There is not much at con-
troversy in this case" he said The
government is required by law. and il is
the policy of the United States. to pay
full value and the exact equivalent of
any land taken from private parties for
public use. This land is adapted in eV-
cry way for raising cane the lava and
coral rock of which It is composed IL
recognized as the very best soil for this
purpose. The jury must also take into
consideration the expense to which the
defendant has already gone for clearing
II of rock and brush, and ploughinK IT.
The plantation has a mill and water sun
ply The mill was built for the purpose
of taking in the cane raised on this land
and the expense of watering that tract
viii be small. the machinery being al
ready installed. You must not onlv take
into consideration the value to the gov
but you will remember also
what 1t cost the Honolulu Plantation
Company 20 establish this plantation. |
the expense of pumps. steam plows. etc. /
our estimates upon the value Of the !
leasehoid interest. you will find to be |
most conservative. The assessment |
blanks referred to are mere schedules Of |
value. dividing up different portions OF /
the plantation, and the values are not
sworn to. The District Attorney did not |
Wish to say anything about the lease or |
the Bishop Estate OF this land. but he |
VIII want to. unless he want an encup,
orance hanging over the land for AZ |
ears The lease of seven years to the
Dowsett Estate is paid up. and there is
an additional lease for thirtv-two vears
rom the Bishop Estate for the HonoIuI,,
eIahtation Company would not have
'oHe 10 this expense with a lease Of put
seven years"
Captain White. L s. n. was the first
witness called by the plaintiff. His tas-
linony was largely repetition Of that
gwen at the Bishop Estate trial. dealing
my with areas and the general Law of !
ne land. Mr.. DUNES question as TO the
u 'esiah We'll on the property called forth /
ne nrst squabble. The Court intirnate,I /
nat the value Of the well had notbfr,-
. 90 with the present case. as thu. gov
,[Hnlent had already paid 5000 for il to
ne bishop Estate. The question is"
eHiarked Judge Estee whether The
oiShop Estate having already obtained
.t5ti TOT this Wen. vt can row be
UDrnitte0 n