The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-03
ADVANTAGES
Of STATION
Benefit Accruing
Pointed Out by
Pond.
ESTEE RULES
ON EVIDENCE
Proceedings Yesterday in Pearl
Harbor Condemnation Suit
In Federal Court.

Acting Captain Pond Of the United
States navy tug Iroquois was on the
stand for nearly the entire day yes
terday in the hearing of the Pear
Harbor case before Judge Estee. There
was one important feature during the
day. the ruling of the court that only
specific benefits to property could be
shown by the government. an offset
to the claims of the Bishop estate. I'm
der this ruling the United States is not
permitted to show any general bene-
fit or increase in the remainder Of the
property owned by the Bishop estate
because of the location of the naval
station, nor are the respondents al
lowed to show that the land taken is
of more value because of the improve
ments contemplated by the govern
ment
Mr.. Kinney and Captain Pond had
several amusing passages at arms. The
naval officer insisted on displaying his
| knowledge of law, at least that per-
ton of it relative to the statute which
provides that condemned land can be
valued at but 20 per cent in excess of
its assessed value. Judge Estee finally
held that the witness could not quote
law, as both court and attorneys are
very jealous of their knowledge of law,
and must protect it." Even this failed
to stop the swelling tugboat officer.
and he proceeded to enlighten the court
and jury much to the amusement of
90
well as of the attorneys.
In the morning Captain Pond was
cross-examined very rigidly as to how
he had come to place the valuation in
the petition upon all the property con-
demned by the government at but S16,-
500. The witness testified that he had
taken the values from the tax books,
and the respondent is attempting to
prove that the returned valuation.
counting the interest of the Bishop Es-
tate and of the Ieaseholders in the va
rious tracts is much larger than the
figure placed upon lit by Captain
Pond.
The witness testified that he had made
up the values from the figures furnished
him by Assessor Jonathan Shaw. though
there might be a variance of $50 or $50 |
one way or the other.
81 based my estimate upon the Hawaii |
an law of public domain said the wit |
ness taking the tax returns as a basis"
Did your estimate include the value of !
the leasehold interests, aside from the re- |
turn made by the BishopEstate?" asked !
Mr.. Kinney.
NO. it did not; believed the return of I
the Bishop Estate was in accordance |
with law, and covered everything"
Did you examine the return made by !
the Honolulu Plantation Company for |
the value placed by it on this lease of the
Bishop Estate lands?"
II was under the impression that the /
lessees had to look to the lessons for I
their share of the money paid for the |
land"
Did you find that the Dowsett Estate
had sold to the Honolulu Plantation
Company this lease which had but a few
years to run for S20,O0O?"
Il did not"
Mr. Kinney then showed the witness
the oath signed by the trustee in which
the value returned was given as eight /
times the rental value.
Captain Pond smiled when he looked at \
it. and upon Mr.. Kinney asking that he
tell what amused him so, replied that
the man who drew uD the oath was
rather sharp. but that it didn't comply
with the law.
The witness was also questioned as to
Estate might reach their other land, aft
er the government had taken this prop
erty and constructed the naval station.
THE navy would not object to your
getting a right Of way across the land"
replied Captain Pond.
Then it is a matter Of good will and
not of right?" asked Mr.. Kinney.
We'll. yes"
land some one might succeed you, who
It not so good-natured in the matter?'
What 90 you mean by succeed? The
United States government does not in
tend to be succeeded by anyone inter
posed the Court.
Il mean Captain Pond as the represen-
tative of the government" said Mr. Kin
ney
THE United States has no representa-
tives, except its every Citizen replied
Judge Estee.
Earlier in the morning the Court had
refused to allow evidence of the fact that
the contract for dredging Pearl Harbor
had been let, to be introduced, as not
being material and having no bearing on
the value of the land: and Mr. Kinney
asked that he be allowed to present ar
gument as to what constituted benefits
to land resulting from improvements
made by the government
The jury was excused then until
o'clock, and court reconvened at l. when
arguments were presented upon this
question. Judge EStee held tnat tnere
must be no showing of special and direct
benefit to the land not taken, resulting
from the construction of Pearl Harbor
station, aside from any general benefit
that the property owners whole
would receive. a strict Interpretation of
this ruling was made and the Court al
lowed testimony only so far as it showed
4 particular benefit to the Bishop Estate
which other parties did not receive. Evil
dence of Captain Pond that insurance
rates would be lowered because of the
building of the harbor. and also that
village would rise about the station pre-
sumably upon the land of the respond