The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-01-14
VERDICT
IS SEALED
Damages in Pear!
Harbor Case
Fixed.

men, and sealed in an envelope in
Marshal Hendry's hands is the jury's
valuation of the Honolulu Plantation
Co.'S leasehold interest in the Bishop
Estate Pearl Harbor lands, which wit
nesses said was worth from $4,000 to
$500, 900.
The jury was instructed and retired
at nine O'clock Saturday morning and
just twenty-four hours later an agree
ment was reported.
Acting in accordance with Judge Es-
tees instructions the verdict was
sealed in an envelope. and to still fur
Their safeguard sealing wax was melted
upon the flap and the jury's foremen
made the imprint of a key upon it, be-
fore handing 1t to Marshal Hendry
Sunday morning at ten o'clock Then
the jurymen were allowed to go to
their homes to appear in court this
morning at nine o'clock, when the sea.
will be broken and the verdict read in
lopen court.
| There Is considerable speculation
among the attorneys as to what esti-
mate is fixed upon the leasehold inter
est. 1t Is generally conceded that the
lamount of damages awarded the Hon
olulu Plantation Co. will be in excess OF
that given for the fee simple Of the
Bishop estate-s52, 700. The defendant
in the present case has a claim not
only for the forty years ledseho'd in
terest, for seven years of which was
paid $4,000 Gncludlng, however, four
times the acreage held by the Dowsett
estate), and also improvements which
it is claimed cost about $4,000. \ con
sentative guess at the verdict returned
by the jury is 900 for both lease and
improvements.
In his instructions, Judge Estee stated
to the jury that they must consider only
the value of the leasehold in 56l2 acres
He placed great stress on the term Just
compensation" instructing the jury to
be far to both sides.
I'm placing n valuation upon this lease
hold interest" said the Court you can
not consider the mere speculative or pos.
Siblc value of sugar that m ght be pro.
duced on this land ten. twenty or thirty
years from now. This is too remote and
uncertain, and could form no just basis
for a valuation So the amount of sugar
which 1t is claimed can be produced on
TINS land is purely speculatve: the
amount of the future crop would depend
on many conditions, the amount of wa
ter used. the character of the cultva-
tlon and many other elements which
must enter into the problem of a crop
which might be produced in any one or
series of years. But you may consider
what the land Is best suited for and the
defendant Is entitled to just compens-
alton for it's leasehold interest in these
lands for any purpose for which it may
be used.
you may. in estimating the value of
this piece of land sought by the govern
4 ment for public purposes. consider any
usefulness ii may possess to the Homo
$ lulu Plantation Company in view of it's
whole IrODprtE. it's needs and ito rpIlip.
ment.
And IT, from the evidence, you should
| find that the defendant has any i'm
r provements upon that portion of the land
covered by the leasehold interest OF the
defendant and sought to be condc mncd
) by the United states, which Were there
prior to the 9Th day of July, 1901. you
: are to find the value thereof separate
and distinct from the value of the lease
hold itself in said lands"
: Judge Estec ruled out any reference
to the mill pumping machinery or i'm
! iprovement on land other than that con-
demned. The returns made by Manager
Low to the Assessor We're referred to as
admissions against interest" The Court
referred also to the expert witnesses and
lsaid:
I'm brief. the jury Is not bound to give
weight to testimony which Is contrary to
what every person of good and
iordinary intelligence knows to be true"
! The Court referred also to the treaties
granting the United States water rights
at Pearl HarbOr and the jury was in
Structed mot to consider place any
, value upon the water rights in front OF
, or bordering upon said inland waters as
belonging to the private parties now lit
igating with the United States govern,
, ment, because although the treaty made
, between the Kingdom of Hawaii and the
United States of America in 1857. by
which Pearl Harhor was ceded to the
United States did not in any way affect
the private ownership in the lands 'front.'
, ing on said harbor yet those parties
= have no interest, other than that of eve
ry citizen of the United States, in the
sloughs and waters of Pearl Harbor;
for these inland waters are now and
since 1851 have been the property OF the
United States"
Judge Estee referred also TO the specu-
lative valuations, which the jury was in,
structcd not to consider, and the Court
referred particularly to the valuation OF
100000 given in the defendants answer,
and the testimony of Manager Low plac-
ing a value of 100000 more when on the
stand. Concluding, the Court said:
"Gentemen of the jury, in arriving at
a verdict it must be by the unanimous
consent of all your members.
Under the plead!ngs In this case.
there is but one issue invoved-the
amount of the ''just" compensation to be
awarded to the defendant for the taking
of his property. You must therefore find
for the plaintiff, n verdict condemning
the leasehold interest of the defendant,
the Honolulu Plantation Company, in and
TO the 56l2 acres OF land desired by the
government; and you must find a verdict
in favor of the defendant for the amount
OF compensation due it therefor"
December 90 in latitude is degrees So
minutes north. longitude los degrees SIS
minutes west.
Williams. Dimond & Co.. agents for |
the steamer. were gratifed at the |
speed made by the Hawaiian. Sixty |
one days is excellent time for run |
from New York to San Francisco. The |
Hawaiian Is a steel steamer Of $50 |
tons register.