The Hawaiian gazette., 1901-12-27
PAY TWICE
FOR WELL
Novel Question in
Pearl Harbor
Case.


testimony was introduced, the day be
ing largely given over to the opeNnE
statements of counsel and argument
as to the adnlssbility of tax returns
and leases. Several interesting ques-
tions were raised during the trial yes
terday, the most novel of which vas
the relation of the verdict allowi ~
$4,000 to the Bisnop estate for the well
on the land in question, to the present
claim of the Honolulu Plantation Co.
Immediately upon the opening of
court yesterday morning the court dis
cussed with counsel the advisability of
visit to the land involved by the jury.
1t was agreed upon all sides that
trip through the plantation was imp s
sible at present. because Of the recent
rains, and 1t was finally decided that
the visit to Pearl Harbor should be
made Monday morning.
Mr.. Dunno opened with statement
for the United States, first reading the
petition and comparing the answer as
he read. "rhe only question involved In
this suit" he said, sis the value OF the
leasehold interest in these lands. Tho
Iplaintif puts an estimate upon the lease
at SIG 800, while the defendant claims
$4,000, of which over $4,000 Is alleged to
he for money spent upon improvements
within the past three years. 1t VIII he
your duty to hear the evidence, separate
the wheat from the chan, and place
! fair market value upon the lcasenoid in
tcrest wanted by the government for
public purposes. The government Will
TRY to show that the defendant, the iio-
Inolulu Plantation Company Is a corpOr
alton engaged in the production Of sugar,
liz has not acquired interests IN fee in
this land, but only a lcasehold in tract
Ior 4,2O0 acres of which the government
seeks about GU acres. and which has
never been developed in any way. 1t is
what is called raw land. "A crop of sugar
having never been raised on the land,
desired by the United states. In addi-
| ton, this is not n homogeneous piece OF
Hand. 1t is made up of varied soils, with
marshy spots and of little value. Only
about one-half of the Gl7 acres is arabic,
1t has no Independent source of water
supply, and no water whatsoever, eN-
ceptng "A small artesian well of brackish
water The soil Is shallow, and II the
land We're to be cultivated, water would
have to he transported. The defendant
in this case holds the leasehold of the
Dowsett Estate and one other lease
which | will not refer to at this time, as
1t Is not known to what extent II VIII
enter into the case.
Under the law the Honolulu Planta-
ton Company made return to the tax
Office in 1900 and 1901 and this leasehold
interest was put in at $4,000 for APO
acres; this suit will have to deal with
but onc-eighth of this acreage. These
included in the leasehold interest, and
which the company thought was worth
$50, O0C. 1t will be your duty as jurymen
ID say what this leaschold interest was
worth on the 9Th day of July, 1901, at the
time this suit was instituted, and | want
you to place a fair market value upon
it,"
Judge Sillman replied on behalf of the
defendant. There is not much at CON
troveIsy i'm this case" he said. The
government Is required by law, and it is
the policy of the United States, to pay
fun value and the exact equivalent of
any land taken from private parties for
pubic use. This land is adapted in ev-
cry wgy for raising cane, the lava and
, coral rock of which It Is composed Ia
recognized as the very best soil for this
purpose. The jury must also take into
consideration the expense to which the
, defendant has already gone for clearing
II CT rock and brush, and ploughing It.
The Plantation has mill and water sup
, ply The mill was built for the purpose
, of taking in the cane raised on this land
ENd the expense of watering that tract
VIII be small, the machinery being al
ready installed. You must not only take
into Consideration the value to the gov
eminent but You will remember also
what it cost the Honolulu Plantation
. Company to establish this plantation,
the expense of pumps, steam plows, etc.
our estimates upon the value of tho
lePSehold interest, you will find to he
most conservative. The assessmen,
blanks referred to are mere schedules OF
- n1t Il,
, the plantation, and the values are not
sworn to. The District Attorney did not
wish to say anything about the leas. of
the Bishop Estate of this land, but he
VIII went to. unless he want an encum-
hr'nce hanging over the land for 20
years. The lease of seven years to the
Dcwsett Estate is paid up and there is
an additional lease for thirty-two years
from the Bishop Estate, for the Honolulu
Plantation Company would not have
gone 10 this expense with lease OF bat
seven years"
: Captain White. L. s n, was the first
vi ness called by the plaintiff His ties,
limony was largely a repetition of tina,
given at the Bishop Estate trial dealing
i only with areas and the general lay of
= the land. Mr.. DUNES question as to the
" i'tts'an well on the property called forth
= the first squabble. The Court intimated
to do with the present case. as the gov.
eminent had already paid 5000 for 1t to
7 the Bishop Estate The question is u
I remarked Judge Estee, whether the
bishop Estate having already obtained
judgment for this weh u can now be
submitted to another jury"
Suppose we had paid 5000 for tina,
We'll asked Mr.. Snliman, cant we
show what value it is to us?"
- N.rh.t
4 ment has already paid for the we'll"
n The government may have paid for il
n wrongiully'' returned Mr.. Silliman, Ear,
= We compelled to suffer on that account p
= Il don't believe the Honolulu Planta
d ton Company is entitled to one cent 70
r. that we'll" added Mr. Dunno. but l be
: lieve We should lie allowed TO introduce
evidence TO prove that the land has n,
y water supply of it's own"
d The question was finally allowed, an
'r Captain White then testified to the char
T, acter OF the land again. He estima te,
N nlnnRhaI 10 nj