The Hawaiian gazette., 1901-11-29
LAND At
THE LOCHS
Suits of Condem.
nation Are Now
Under Way.
(From Wednesdays daily.)

demnatlon suits is well under
- way. Yesterday the court heard
the opening statements Of counsel and
the evidence of the first witness for the
government, and then adjourned at
noon until this morning, when court
and jury will visit the site of the con-
demned Bishop Estate land in carry
alls, under the chaperonage of Marshal
Hendry.
Yesterdays proceedings We're inter-
esting from the fact that they practi
cally disclosed the purpose of both par
ties to the suit. There was a little
acrimonious debate between United
States Attorney Dunno and Attorney
Kinney for respondents over the state
ment made by the former, relative to
the offer of compromise made by the
Bishop Estate two years ago. The court
however allowed the statement to be
made. ruling, however. that an offer of
compromise not accepted, could not be
referred to in evidence.
At the opening of court yesterday
morning Judge Estee heard arguments
on a preliminary motion to decide
which party was to occupy the position
of plaintiff in the case. Mr.. Dunno con-
bNIlNitb lliat vie SpNt W
cupy that position, while Mr.. Kinney
presented argument to show that the
party owning the land, and having to
make a showing of evidence, was en-
titled to the opening and closing argu-
ment. Judge Estee held that the gov
ernment was properly the plaintiff in
this action, and Mr.. Dunno consequent
ly will be allowed the opening and clos
ing.
At this juncture one of the jurors,
who had been keeping the court waiting
for fifteen minutes, appeared and Judge
Estee promptly imposed a fine of
twenty dollars for his hardness. At
the same time he announced that in the
Pearl Harbor cases the court would not
be kept waiting. Every juror and at
torney and officer of the court must be
here when court Is opened, and no de-
lay will be tolerated for any cause"
said Judge Estee. At the noon recess
Mr.. Dunno asked that the fine be re-
mitted, but the court refused to enter
tain the motion.
United States Attorney Dunno opened
the case by reading the lengthy petition
filed by the government. He said and
the statement ives acquiesced in by
Mr.. Kinney, that ell the allegations of
the petition We're admitted by the re-
spondent excepting that relating to the
value of the condemned land.
Three classes of evidence will be
presented to the jury" said Mr.. Dunno.
First will be the testimony of land
owners, and competent real estate eX
perts who have examined this land and
who will give a description of it and
tell you how much, in their opinion, it
is worth.
Another class of evidence will be
the sworn statement of the defendants
Themselves. which they made to the tax
assessor for taxation purposes. This
statement will be as late as January,
1901.
Third will be the evidence of an Of
fer made by the Bishop Estate''-Mr.
Kinney objected to this statement or
further remarks on the subject by Mr..
Dunno, on the ground that any evidence
as to an offer of compromise was in
admissible. Judge Estee overruled the
objection holding that while evidence
as to compromise was not proper, any
offer of defendant, showing the value of
the land could be presented.
Mr.. Dunno, continuing: IAN offer was
made to the United States government
to sell this land at a figure far below
the amount now claimed. September 20,
1899, an option was given by the Bishop
Estate for one year on a portion of this
land, at fifty dollars an acre. This is the
same land for which the defendant now
asks $500 an acre, excepting the portion
known as Kuahua Island, The value of
that piece of land will be shown by other
evidence"
THE substantial question to be consid-
cred is that of value. We will show that
this land can be fairly divided into sew
eral classes. First, there is the Island of
Kuahua, without water of its own, with
the soil very thin, and which is altogeth-
er worthless for general agricultural pur-
poses. We will show that 1876 acres of the
Geo required by the United States govern
ment is in the same condition as this
Island excepting that part of 1t is
marshy. The rest of it is rocky and use
less for ordinary agricultural purposes.
Altogether, there are not 800 acres OF
good soil, and we will show the charac-
teristics of the SOIL its depth and the
value of the land.
I'VE will show, also, that this land is
raw, undeveloped and that no crop has
ever been raised upon It. 1t has never
been used for agricultural purposes, and
its capabilities are entirely unknown. l
want you 10 COnSluer tntSe tnlnSS, ana
all the evidence of both parties, and then
put a fair and reasonable value upon the
land"
Mr.. Kinney stated that he made an op-
cning a. this time only because of the
reference to the offer of compromise.
The Bishop Estate will undertake to
prove" said he, that the land condemn
ed covers thirteen thousand feet of front
age at Pearl Harbor; slightly under three
miles. 1t covers practically all the avail
able land of the Bishop Estate suitable
for wharfage. When, two years ago,
Captain Merry asked for an option upon
a part of this land, leaving the Bishop
Estate frontage on Kuahua Island,
though the land agent advised us to ask
$50 per acre, We gave the government an
option upon 1t at $50 an acre. Now, when
1t is sought TO take Kuahua Island also
We understand that this is only a bite,
and next the army will come and take
the balance. The Bishop Estate put in