The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-30

by him in the Instructions to the jury az
the conclusion of the evidence. He ask
ed that each attorney submit to him by
Monday a copy of the Instructions they
desired.
In passing upon the question of Law
Judge Estee said: THE statutes here
provide that in cases of land condemned
the jury cannot fix the value of the prop
erty at more than 20 per cent in excess
Of the assessed value. I am inclined to
be liberal in this matter. however. and
viii allow the respondent to bring IN
whatever evidence he may wish to show
the value of the land The Court rules
that the defendant cannot introduce any
testimony showing that the assessments
or lists returned TO the assessor were not
made in accordance wI,44 law. At pres
ent, the Court cannot instruct the jury
as TO the law"
Assessor Pratt then identified the tax
return introduced by Mr.. Dunno, the
Court denying the request that he be al
lowed to read the first page, on the OBJ
lection OF Mr.. Kinney that it contained
extracts from the taxation laws.
There were four returns introduced in
evidence. In 1898 the blank was signed
by w. f. Allen as trustee for the Bishop
estate, and showed the valuation upon
the 1855 acres at Halawa, which includ-
ed the $50 acres condemned by the gov
eminent, to have been $l1.696. In AoJs
j
Garter as treasurer of the Bisnop estate,
and he listed the same 1856 acres for
those years at $12,4S6. In 1901 the same
property was returned by F. S. Dodge as
land agent at S12, 4S6, but the deputy as
SCISSOR at Eva raised the assessment to
$4,000. From this the Bishop estate filed
notice of appeal. and Assessor Pratt tes-
tilted that he refused TO receive 1t, be-
cause the return had not been sworn to.
and sent back request that the trustees
consult the assessor at Eva for q COM
promise. Subsequently this was done
and the assessment was agreed upon for
the present year at $4,000.
On Discrimination Mr.. Pratt stated
that he had a record of some of the
leases In his office. but did not know
whether the property in question was
now under lease to the Dowsett estate
for $500 a year. Court adjourned at this
point until afternoon.
In the afternoon the examination of
Mr.. Pratt was cont'n ued by Mr.. Kinney.
He was not allowed to answer the Ques-
ton to whether the Dowsett estate
was paying taxes on that property, the
Court ruling that the amount of taxes
paid made no difference in the value of
the land.
f. X. Archer, deputy assessor FOR the
district of Eva and Waianae, was the
next witness, and testified that he had
been holding that office for six years,
and was consequently acquainted with
land values at Pearl Harbor. He thought
S. an acre a fair valuation for the lana
on the east of the railroad while that
on the west side of 1t was worth $50 an
acre. On cross-eXamination, he said that
the average rental for cane land Of that
nature was from $3.50 to $40 an acre. He
however that he knew OF Il
lease by Sam Damon of a large tract of
cane land to the Honolulu Sugar Com
pany for $50 an acre, within the past few
months. Small tracts of land. he said,
brought $25 to $50 an acre. He thought
the value of the Damon land to be about
$50 an acre.
A. Herbert, another expert, was next
called. He said he obtained his knowl-
edge of cane lands from experience, and
the fact that he was for a time Commits
sioner of Agriculture. He said he had
shot birds over the land in question %
years ago, and had visited it a few
months ago again. When Mr.. Dunno
asked whether his examination was suffi-
Gent for him to make an estimate as 10
the value, he said it was not. The wit
ness was then recalled from the stand,
and requested to make an examination
before Monday, and testify at that tine.
Captain Pond was next called. He tes-
titled that he was the agent for the gov
eminent IN the negotiations for the pur-
chase of the land, but had been unable
to come to an agreement as to the price.
His description of the land was very
fun and complete, but was largely tech
meal giving in detail the general lay and
character of the land. He Gu not think
Island was of much value for
purposes, on account of Its
height.
1.-The island is five feet above the sea-
level" said the witness, land there
would have to be an immense amount OF
%
wharves. 1 should say the island Is de-
cidedly inferior for commercial purposes.
The present condition of the harbor
makes is impossible for a vessel drawing
more than 10 feet to get to the island.
because of the shoal water over the
BAR
The examination of Lieutenant Com
nander Pond was not finished when
court adjourned.
WIRELESS TO