The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-12
KOHALA WATER SCHEME
AIRED BEFORE SENATORS

formally called to order former Senator
Thurston began his presentation of the
preliminaries. He said:
my clients, represented by Arthur
c. Gehr who can name his associates,
from the very beginning have not de-
sired to enter into any controversy be-
fore Congress as to the parties best en-
titled to such franchise for construc-
ton of the ditch, believing that ample
authority is vested in the territorial
officials as in all similar matters The
matter started when Mr.. Gehr being in
the islands arranged for funds and
spent several thousand dollars in pre-
liminary surveys of the rainfall and
water that could be secured and applied
to lands needing irrigation.
Some time later, other interests
thought an opportunity for competition
occurred and controversy before the
territorial officers arose with the result
that an agreement was reached that
Mr. Gehr's proposition was to be the
only one submitted to the Territorial
board. While this proposition was pend
ing and the Territorial officers were
after amending the terms about to act,
a communication came from the Secre-
tary of the Interior citing that the Ter
ritery had no right to grant such a
franchise.
"a mutual agreement was secured by
the parties to apply to Washington for
a reconsideration and there Mr.. Gehr
went retaining me to act for him in
the Interior Department, believing that
his arrangement still held that could he
secure a grant of power to the Terri
build the ditch.
'On presentation of my petition I Sc
cured a reference to the Assistant At
torney General of the Interior Depart
ment. An able opinion was rendered
reversing the former decision. A COM
parison will 1 think convince the COM
mittee that the second decision is the
applicable.
In the meantime the other parties
introduced their bills in both houses
and we took the objections as your
committee is aware Evidence in
Washington before your committee was
greatly hearsay and we have therefore
considered it good for hearing to be
held here.
lit was openly charged to your
committee that the other parties were
unwilling to accept conditions, that the
Governor and his council were so pref
udiced that a fair hearing was impos-
sible. We believe that the committee
will find this to be incorrect, that the
executive officers have never committed
themselves, acted otherwise than in the
endeavor to secure the best terms for
the Territory ana stand ready to give a
fair and patient hearing to all competi-
tors actuated by desire to serve the
public welfare.
I'VE do not ask for determination of
the relative claims. We do say that
the law should be a general law appli-
cable to all that people of the Territory
should be able to determine for them
selves the more favorable proposition.
I'VE do not object to the Interior or
other departments passing on this if
Congress will, but we claim that spe-
cial legislation through Congress is
against the will of the general gov
ernment; passed by members of both
houses far from the scene of action as
opposed to officials on the ground.
My clients have acted in good faith
on the understanding of mutual terms
and have never attempted to depart
from the agreement and are prepared
today to carry out this agreement by
asking from the Territorial council a
grant as formerly agreed upon They
are further prepared with $4,000 to in
vest in the thorough survey of the plan
of operation.
They will stand by the fairness of
their proposition. The field is open
The executive council are anxious for
all parties to submit their proposals. ]
do not believe this committee should
proceed to try out any petty details and