The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-02
WANTS INJUNCTION
TO BE PERMANENT
Silva and Vivas are Charged With
Fraud by A. R. Phillips
Court Notes.

IN ANSWERING the bill for injunc-
ton brought by the Waikiki Sugar
Company of Maui, in which it seeks
to have a permanent injunction is
sue from the Circuit Court to prevent
the Hawaiian Commercial and Sugar
Company from interfering with or OBJ
structing the flow of water in the Wal
luku river, the defendant makes a
lengthy statement of it's side of the
lease in it's statutory reply filed yester-
day.
| The defendant company admits that
the plaintiff is the owner and in pos
session of two certain pieces or parcels
lof land situate at Waikiki, Island of
Maui, Territory of Hawaii, to-wit:
Apana / of Land Commission award
1921, Royal Patent 1925 to Opunui, and
Apana /, Land Commission Award
! 522S, Royal Patent 1885, to Kuihefani;
but this defendant denies that the said
two parcels of land adjoin each other
in the middle of the Waikiki river, as
averred in said bill of complaint.
This defendant admits that it has
commenced the digging or construction
of a certain tunnel below or near the
bed of the said Wailuku stream and to
makai of the said two parcels of land;
but this defendant denies that it is dig
ging said tunnel directly toward said
parcels of land, or that this defendant
intends or threatens to construct said
tunnel under, through or across said
parcels of land so owned and possessed
| by the plaintiff, or to recover there
! from earth. stone or gravel, or to erect
structures of wood within said tunnels
where crossing said parcels of land, or
otherwise to trespass upon or in any
way injure said lands.
| The defendant further states that it
has for several months been engaged
in making the said tunnel, and that its
,plans concerning the course and direc-
ton of the same have always been
mentioned freely to any persons con-
lcerned or interested in the same and
that such information has always been
available to the plaintiff and that the
plaintiff it's manager, officers and
agents have at no time intimated to the
defendant, until the service of the in
junction obtained by the suit, that
they, or any of them, supposed or be-
Ilieved that the said tunnel was intend
ed by the defendant to extend over,
across or under any of the lands of the
plaintiff
| In further answer to the complaint
the Hawaiian Sugar Company states
that map of all the-Apuhuaa of Wal
Iluku was made some time in the year
1882 by M. d. Monsarrat, surveyor; that
a copy of the map has for many years
been on file in the survey department
lof the Hawaiian Islands, and to which,
for greater certainty, the defendant
Iprays leave to refer, and other copies
of the map have been used by the plain
tiff as we'll as by the defendant and
it's grantor, Claus Spreckels. the former
owner of said Ahupuua of Wailuku,
each of the parties adopting, using and
lratifying the map on all occasions in
transactions with each other or with
other persons interested and that, ac-
cording to this map, the two parcels
Iof land do not adjoin each other, but.
on the contrary, a wide strip of land
linteryenes between the same, marked as
the property of the Konohiki, or owner
iof the Ahupuaa, which is now the de-
PENDANT.
The defendant submits to the court
THAT if the plaintiff proposes to dispute
the title of the defendant, as shown by
said map, it should first bring an ac-
ton of law for the purpose of ascer-
ltaining its claim of title therein.
Alfred S. Hartwell is the attorney for
the defendant company.
WANT INJUNCTION DISSOLVED.
In another document filed yesterday in
the Circuit Court by the H. C. &c S.
Company in it's reply to the bill for
Injunction brought by the Waikiki SUI
gar Company, the defendant moves the
Circuit Court that the temporary in
junction made and ordered on Febru-
airy %, be dissolved, and, as cause for
granting the notion refers to accompa-
nying affidavits of H. P Baldwin and
A. N. Kepoikai Mr. Baldwin says that
during the time intervening from the
evening of Monday until the evening OF
Wednesday of the week now last past,
he was at Wailuku, and personally in
spected the work done on said tunnel
and conversed personally with the con-
tractor in charge of the work, concern
ing the plan for continuing and complet-
ing the same. Mr.. Baldwin says ne
knows from this. as well as from con-
= versations with w. G. Lowrie, manager
of said company, that the tunnel is not
and never has been intended or planned
4 to be extended in any part or portion
upon, under, over or across of the
plaintiffs land.
On Wednesday, February 20, the depo-
nent, in company with said contractor
and Alfred S. Hartwell, one of the de-
fendant company's attorneys, visited the
locality where the tunnel is now con-
structed and inspected it. There were
also present G.. 3. Wells, manager OF
Wailuku Sugar Company; G. H. Robert
son. its treasurer. and S. M. Ballou, one
oI It's attorneys, and that nothing was
.hen SAID or intimated by the deponent
! or by any one present showing, or in
any way indicating, that it was intend
ed' threatened or supposed by them, or
Dy any OF them, that said tunnel was
10 De extended over plaintiffs land. He
heard Mr.. Ballou state that the Hawaii
an commercial and Sugar Company was
dumping the debris from the tunnel in
TO the bed of the Waikiki river and OBJ
structlng the highway above the Gov
eminent bridge, to which Mr.. Hartwell
had replied he thought there would be
no difficulty about the debris and that
1t be kept along the side of the land OF
the Hawaiian Commercial and Sugar
Company and that as to said highway
the dirt would surely be levelled off i'm