The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-12-13
PERIL HARB0R else
GOES TO THE JURY
Judge Estee's Charge
a Treatise on
Valuation.
HARD FIGURING FOR TIE TWELVE
MANY WITNESSES HAVE SWORN
TO VARIED VALUES; FANCY
AND OTHERWISE.
hard FIGURING FOR THE TWELVE
Bishop Estate Pearl Hsrbor Naval
Reservation Land Condemnation
Suit About To &c Decided AS to
Amount Of Compensation.

Upon the converting Of the United
States District Court yesterday morn
ing at 9. O'Clock, Mr.. Kinney began
his address 10 the jury in behalf OF
the defendants in the Pearl Harbor
land condemnation suits.
Mr.. Kinney after covering his case
gave way to Mr. Dunno who closed
the case for the Government During
his closing remarks Mr.. Dunno was
interrupted by Mr. Kinney. who finally
requested that gentl man TO refrain
from repeating the interruption. Mr..
Kinney laid particular stress upon the
fact that the lands in question had
in the tax returns been returned at
valuation Ct SO per acre. but that sim
ply because the Government wanted
them. they had suddenly and most
unreasonably risen in value. At the
conclusion OF Mr. DUNES remarks
Judge Estee delivered his charge to
the jury. His charge, in part. was as
follows:
This action is brought under the
provisions OF an Act of Congress Of
the United States, dated August l..
1883, entitled AN Act to authorize
the condemnation OF land and for
sites Of public buildings and for other
purposes" CVol % U. S. Stats. p.
357)
The special lands sought to be con
denmed are certain lands situate in
the District OF Eva. in and about the
Harbor OF Pearl Lochs. sometimes
called Pearl Harbor. in the Island of
Oahu, In the Territory of Hawaii
The United States Of America seeks
70 condemn these lands and TO acquire
a fee simple estate therein, for a
public use, to-wit for the purpose Of
erecting and maintaining a naval sta
ton and channel defense for the uses
and purposes OF the United States OF
America and OF the Navy Department
thereof
Among the tracts and parcels of
land sought 10 be condemned by the
said United States Government in this
action. are certain lands belonging TO
the estate OF Bernice Pauahi Bishop.
deceased
The question before you is what is
the market value OF these lands. with
the appurtenances. and what is the
just compensation TO be paid by the
United States Government TO the own
ers thereof
instruct you that whenever private
property is taken for public uses or
for public purposes. the fair market
value OF the property at the time Of
the taking should be paid for It. and
according 20 the Statute OF this Terri.
tory. the actual value OF the property
at the date OF the summons is desig-
mated as the measure OF valuation Of
charge You that the date OF the sum
mons in this case is July 9th. 1901.
The prospective or speculative value
OF the land from possible improve
ments or prospective uses can not be
considered by you; the value must be
actual and not speculative or mere
possible value.
IL Is not proper. therefore. to con-
slider how the property might be inn
proved or the cost OF such improve
ments: nor can you consider what the
probable value OF the land would be
II this or that Improvement were
placed upon IL. nor can you consider
the intention OF the owner to make
improvements. even though you
should ind such intention to exist.
In brief YOU are 10 limit your consid-
GRAFTON 20 the actual condition OF this
property as II actually stood on July
9Th, 1901.
The burden OF proving the market
value Of the interest OF the defendant
in the lands in question is upon the
plaintiff.
In fixing the value OF Kuahus Island
you are to consider all the testimony
bearing upon its market value on the.
said 9Th dav OF July. 1901. but you
are not 10 consider an extreme. spec
ulstive value II any such has been
given in the testimony. Il has been
testified b. one witness for the de-
fendant that the island vas worth
three thousand dollars an acre for
residential purposes or for the pur-
pose Of a public resort In consider
INK that testimony You are 10 bear in
mind that Il nowhere appears In the
testimony that there were any resi-
Dental or other structures on the ISL
and OF Kuahua at the date OF the
commencement OF this suit.
Some OF complainant's witnesses
testified that the land as whole
was worth fifty dollars an acre:
while four Of the witnesses for de-
PENDANT testified that some $50 acres
OF the land sought 10 be condemned
was Of the value OF $500 an acre for
raising cane Several OF the Witnesses
for defendant fixed the value Of por-
ton. three hundred feet deep by thir-
teen thousand feet frontage on the
lagoon. az from $1,000 TO $500 an
acre: and one witness testified that
kuahna Island. consisting of about !