Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-09-19
HENRY SMITH BRINGS
SUIT AGAINST dole

Henry Smith. clerk of the Supreme
Court. has brought suit against Mary
\. 5. Rose widow and Sanford Il.
Dole. Governor OF the Territory Of Ha-
wall, to cancel certain deed. Com
plainant states among other things, the
following:
That he. for many years last past ha
been the owner In fee simple of that
certain lot on Fort street in Honolulu
which begins at a point on the new
northwest line OF Fort street. i39 feet
mauka from the north corner of Nirc-
yard street and running by true bear
ings as shown on Government Surveys
registered map No. 1907.
That on April 90. 1901 and for many
years prior thereto. Mary A. 8. Rose
was and now is the owner in fee SIM
pie Of that lot lying alongside and ma
kai Of the land Of complainant and
forming a makai boundary to the same.
That on April 20. 1901, and for many
years previous thereto, there existed
an open and public street or highway
OF the width of 40 feet, more or less,
extending from the SEA. makal to
School street. mauka. In Honolulu, and
known as Fort street; bat at u point
on this street 1873 feet distant mauka
from the mauka northwest Corner OF
Vineyard and Fort street, there cNist-
ed an increased and irregular width
OF Fort street and as a part thereof,
and abutting the land Of complainant.
Henry Smith. and respondent, Mary \
s. Rose and forming a portion of tbs
makai boundary of the land Of Henry
Smith and the Waikiki Or southern
boundary OF the land Of Mary A. S.
Rose and forming certain triangular
lot.
That all OF this street. during all OF
said times was and now Is used by the
public as an open and public street and
| highway but that .his triangular piece
OF land had by the Territory Of Ha-
wall. for many years prior to April 20.
| 1901. been vacated. abandoned and dis
continued as a portion Oc Fort stree.
and the Territory during said times
and on April 90, 1901, held the title In
fee simple to this piece Of land IA a
portion of continuous street. In trust
for the people OF the Territory and cs-
pecially In trust for the uso OF the own
ers of property AUDITING on and ad-
joining the same. by reason OF his
ownership OF this land.
That In August. 1900, the Territory
| ata on ragarVnl
a projecting frontage on Fort street
and the land OF the complainant
amounting to an area of $50 square feet
and the government of the Territory
threatened then and now threatens &c
condemn the same by instituting pro
ceedings in condemnation for that pur'
pose.
! That subsequent to this time, thu
complainant offered In compromise u
the government that certain projecting
piece o. land lying along and fronting
on Fort street. proposing to receive
from the government the trianguia
piece of land mentioned or in case tn
government preferred to give this tri
. angular piece to Mary A. $. Rose, tina
'. the complainant should receive fror
Q her through the government In lie
J. thereof, that crooked and irreguIa
: strip now abutting and lying betwee
= the makai boundary Of complainant
q land. The government was to deed an
!, quit claim unto Mary A. $. Rose, tn
:. triangular piece.
II That In October, 1900, the govern
l. ment did not, nor at any time ate
= accept or refuse the offer. On Apr
80. 1901. Governor Dole fraudulent
and unlawfully and contrary to la
and the rights of the complainant
le gave. granted. bargained, sold and col
Is veyed to Mary A. 5. Rose the triang'
1f lar piece OF land mentioned and 81
-. conspired with Governor Dole In a
z. cepting the deed.
is Complainant prays judgment as ft
4 lows:
u /. That the court declare the de
0. dated April 20, 1901, null and void.
ad 2. That the deed be delivered up {
"a cancellation.
To- 3. That Sanford b. Dole or mis- ageI
II the Superintendent of Public Worl
81 be ordered to postpone his condemn
~ ton proceedings until the adjustme
of the claim OF complaint as an abb
ter In compromise.
Andrews, Peters & Andrade for co