The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-06
THE LEASE
RULED OUT.
Pearl Harbor Suit
Still Drags
On.
ESTEE MAKES
NEW RULINGS
Another Value of $500 an Acre
Put on Land-Coral as
Fertilizer.

| of the Bishop estate condemned by the
United States government are not 20
be taken into consideration by the jury
in fixing the value of the Pearl Har-
Dor property. Judge Estee made a de-
after the attorneys had argued the
case for nearly an hour.
Immediately upon the opening of
court Judge Estee passed upon the adj
mission of the lease TO the Honolulu
Plantation Company, which does not
go into effect until 1908. and which
covers a period of thirty years. The
court ruled that the lease was too re-
mote to be considered at the time Of
the institution of the suit, July 6, 1901,
and refused to allow it's admission as
evidence. This brought out a long le
gal controversy as to what the inten-
tions Of the government were.
Mr.. Kinney offered the lease in evil
dence then for the purpose of prov
ing the extent ana nature of the in
terest of the Bishop estate in the land
in question, that their interest was less
than fee simple, being covered not only
by the leases of the Dowsett estate,
now in force. but also by the bind
ing lease of the Honolulu Plantation
Company, beginning in 1908. and con-
tinuing for thirty years.
From the remarks of the court and
counsel continued Mr.. Kinney, 81
judge that the jury is to consider the
fee simple value of the property, and
we are 20 apportion it among the les
sees. We are entitled to know whether
we must show the value of this land
IN fee simple, or with the leases"
Mr.. Dunno called the attention of
the counsel to paragraph 10 of defend
ants answer in which it is stated that
the amount claimed is for the fee ex-
elusive of the leases. He said that the
case of the Honolulu Plantation was
not being heard, and would be con-
sidered separately. The court refused
to allow the Introduction of the lease
for any purpose whatever.
II would like to ask the court" said
Mr.. Kinney. IF the verdict of the jury
will cover the interests of the lessees?"
The court can't answer that ques-
tion." said Judge Estee; lit will be
covered in the instructions"
ITO what extent will the Honolulu |
Plantation Company be damaged by |
the proposed taking OF this land?"
asked Mr.. Kinney of Mr.. Low. who |
was still on the stand when court open |
ed in the morning.
This question started another legal /
battle, Mr.. Dunno contending that it /
raised collateral issues outside of the !
case on trial. He stated that these (
were separate defendants. and would !
have separate trials.
up to this time" remarked the
court, the sole question was as to the !
these lands"
I'VE only desire to know" said Mr..
whether We will have TO di-
vide up with the lessees afterwards"
II can't tell what the ingenuity of
counsel will do in this case" replied
Judge Estee.
Il don't intend that the government
shall take anything from the Bishop
estate or from any one else without
paying for it. We have got to reckon
With the lessees after while" replied
Mr.. Dunno.
THE only question in this case is the
ZEE of the Bishop estate" added the
:ourt.
Mr. Low then stated upon question
ne that the only interest Of the Bish-
p estate in the land was a landlords
interest. Upon the question as to what
entail was being paid, another argU-
nent began, which the court interrupt
d with the remark: II am going to
top all argument upon the admissl-
ility of evidence. I do not intend to
riticise counsel, but the real fact is q
hat both sides argue the~admissibility :
I every bit of testimony, and it looks l
5 If we never would get to the end
f this case. On objection to the ad-
disability of evidence, hereafter, there :
ill be no argument" @
Another long objection was made TO b
he admissibility of evidence in regard S
, the Dowsett estate rental. and this !
anne abruptly to an end, when the l
ourt allowed the question, and the =
illness stated that he was unable TO
nswer it.
The court then took a hand in the
of Mr.. Low, and ELECTED
ON him the fact that the cane was
1ipped from Honolulu Plantation by
Ill. and the water In the harbor was
present insufficient to admit the 1
assage of a deep water vessel. The !
arbor would be of no value, the wit
ess said, until after it had been
-edged. Witness stated that the out
coping of coral on the Bishop estate
Nd r,as exactly the same as on the