The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-03-05

IN ANSWERING the bill for injunc
ton brought by the Wailuku Sugar
Company of Maui, in which 1t seeks
to have permanent injunction is-
sue from the Circuit Court to prevent
the Hawaiian Commercial and Sugar
Company from interfering with or OBJ
structing the flow of water in the Wal
luku river, the defendant makes "a
lengthy statement of it's side OF the
case In its statutory reply filed yester-
day
The defendant company admits that
the plaintiff Is the owner and in pos
session of two certain pieces or parcels
of land situate at Wailuku, Island OF
Maui Territory of Hawaii to-wit:
/ Apana l of Land Commission award
1921, Royal Patent 1926 to Opunui, and
Apana l, Land Commission Award
522S. Royal Patent 1898. to kuihelani.
but this defendant denies that the said
two parcels of land adjoin each other
in the middle of the Wailuku river as
averred in said bill of complaint.
This defendant admits that 1t has
commenced the digging or construction
of n certain tunnel below or near the
bed of the said Wailuku stream and to
makai of the said two parcels of land;
but this defendant denies that 1t liz dig
ging said tunnel directly toward said
parcels of land. or that this defendant
intends or threatens to construct said
tunnel under, through or across said
parcels of land so owned and possessed
by the plaintiff, or to recover there
from earth. stone or gravel, or to erect
structures Of wood within said tunnels
where crossing said parcels of land, or
otherwise to trespass upon or in any
way injure said lands.
The defendant further states that II
has for several months been engaged
in making the said tunnel, and that It's
plans concerning the course and dlrec-
ton of the same have always been
mentioned freely to any persons con-
cerned or interested in the same and
that such information has always been
available to the plaintiff and that the
plaintiff, it's manager, officers and
agents have at no time intmated to the
defendant. until the service of the in
junction obtained by the suit, that
they, or any of them. supposed or be-
lieved that the said tunnel was intend
ed by the defendant to extend over,
across or under any of the lands Of the
plaintiff.
the Hawaiian Sugar Company states
that a map OF all the Apuhuaa of Wal
luku was made some time in the year
1882 by NJ. u. Monsarrat, surveyor that
a copy of the map has for many years
been on file in the survey department
of the Hawaiian Islands. and to which.
for greater certainty, the defendant
prays leave to refer, and other copies
of the map have been used by the plain
tiff as well as by the defendant and
its grantor, Claus Spreckels, the former
owner of said Ahupuua of Waikiki,
each of the parties adopting. using and
ratifYing the map on all occasions in
transactions with each other or with
other persons Interested: and that. ac-
cOrding to this map, the two parcels
of land do not adjOln each other but,
on the contrary, a wide strip of land
intervenes between the same, marked as
the property of the Konohild, or owner
OF the Ahupuaa, which is now the de-
PENDANT.
The defendant submits to the court
that If the plaintiff proposes to dispute
the title of the defendant, as shown by
said map, it should first bring an ac-
ton OF law for the purpose of asccr-
tanning its claim of title therein.
Alfred S. Hartwell is the attorney for
the defendant company,
WANT INJUNCTION DISSOLVED.
In another document filed yesterday in
the Circuit Court by the II. c. & s.
Company in its reply to the bin for
injunction brought by the Wailuku SUI
gar Company, the defendant moves the
Circuit Court that tho temporary in
junction made and ordered on I'ebT1I-
airy %. he dissolved, and, as cause for
the motion. refers to accompa-
nying afidavits of II. +. Baldwin and
A. N. Kepoiltai. Mr.. Baldwin says that
during the time Intervening from the .
evening of Monday until the evening of Y
Wednesday of the week now last past,
he was at Wailuku, and personally In
spected the work done on said tunnel
and conversed personally with the con-
tractor in charge of the work. concern
ing the plan for continuing and complet-
ing the same Mr.. Baldwin says he
knows from this, as well as from con-
with w. G. Lowric, manager
of said company, that the tunnel is not
and never has been intended or planned
to be extended in any part or portion
upon, under, over or across of the
plaintiffs land.
on Wednesday, February 90 the depo-
nent i'm company with said contractor
and Alfred S. Hartwell. one of the de-
''Nlt'N N"iHl'ell9 d'toiH'Sot Nl9lAcu Nllc
locality whore the tunnel IL now con-
and inspected 1t. There were
also present c. h. Wells, manager of
Wailuku Sugar Company; ca II. Robert
son. its treasurer, and s. NJ. Ballou, one
n its ATTORNEYS, and that nothing was
then said or lntImated by the deponent,
Or by any one present, showing or in
my way indicating, that II was intend
I'd, threatened or supposed by them. or
by airy Of them. that said tunnel was
10 hc extended over plaintiffs land He
heard Mr. Ballou state that the Hawaii
an Commercial ana Sugar Company was
dumping the debris from tho tunnel in
N the he'd ~ tho WailulSu river and OBJ
'trnctlng the highway above the Gov
'rnmcnt bridge. TO which Mr.. IIartwell
rad replied he thought there would be
lo ditiioulty about the debris and that