The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-03-08
70 SUE DELINQUENT STOCK
RECEIVER OF MAUNALEI GIVEN
IMPERATIVE ORDERS.
Must Forthwith Sue Delinquent Stock
of Delinquent Assessments Due.

| The Circuit Court has entered an or.
| der relating to the duties and powers
! as received of the Maunalei Sugar Co
| of 7. McCants Stewart The receiver
is authorized to take immediate charge
| of all the property of the corporation
and to sell the same at public or pri.
vate sale first obtaining the permission
| of the court. He is empowered to sue
! for and receive all debts due or belong
ing to the corporation, including as
| sessments due and delinquent on the
assessable stock of the corporation and
he is hereby directed and ordered to
bring suit to recover the full amount of
such assessments forthwith"
This particular direction is not i'm the
original draft of the order but is in
serted in Judge Humphreys handwrit-
ing
The receiver is authorized to pay for
labor, supplies, services and salaries
and to rent an office or desk room and
such clerical assistance as is necessary.
lie must report to the court at least
once in three months
The Hawaiian Commercial and Sugar
company by A. s. Hartwell it's attorney
this morning filed in the Circuit court
It's answer TO the bill for Injunction of
the Wailuku Sugar Company. In the
material part of the answer the defen-
dant admits that the Wailuku river Is
a non-navigable stream flowing through
Wailuku and that in times of ordinary
height of water it divides into two
branches Immediately below the iron
bridge of the town Of Wailuxu, the two
branches flowing for a short distance
IN the river bed and then uniting i'm
medtately below a fume which crosses
the rived known as the "Waihee hume"
1t is admitted that the plaintiff has
land winch is under lease from the de-
T,,fv
land is entitled to water from said
Walluku river. The defendant AYERS
on information and belief that the
plalntiH has no other land which Is
watered from the north branch of this
stream, and also that in times of or
binary height OF water, the water is
used to flow in a somewhat narrow
channel IN said north branch, in what
Is termed in the affidavit of A. N. Ke-
poikai IAN irrigation stream" and the
detendant denies that otherwise the
pialntlft has by prescription or by an
clent Hawaiian custom the right IN
take water from said Walluku stream
on IN the exercise of such right does
actually take water from small ditch
OF auwai leading from the north branch
OF tneH TWO branches of the Wailuku
stream, or that said ditch is an ancient
dltch having been used by the PLAINTIFF
Tor over twenty years last past.
The defendant admits that it built
wall across the north branch of the
Waikiki river and deposited along II
considerable amount of earth, stone
ana gravel from tunnel made by the
defendant, and that a recent freshet
carried away down stream the greater
part of this. But the defendant denies
that the portion remaining hinders or
opstructs the flow of Water therein as
IL has been accustomed to flow in said
irrigation stream or is deposited in anv
places within the river whereby it OBJ
structs or hlnders the accustomed flow
of water. The defendant denies tbat
IL intends to reconstruct the wall.
Previous papers filed in the cause are
made part of the answer The answer
is verified by the affidavit of II. P.
Baldwin.