The Hawaiian gazette., 1902-09-12

Uuflsnu viii I 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 az your
committee Is aware. Evidence IN
Washington before your committee was
greatly hcarsay ana We have therefore
considered It good Tor a hearing 90 be
held here.
1T was openly charged 60 your
committee that the other parties were
unwilling TO accept conditions. that the
Governor and his council were so pref
udced 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 COMPETE
tors actuated by desire to serve the
public welfare.
We do not ask for determination OF
the relative claims. We do say that
the law should be general law appli-
b cable TO all that people OF the Territory
should be able 10 determine for them
selves the more favorable proposition.
I'VE do not object to the Interior or
other departments passing on this IL
Congress will, but we claim that spe-
ctal legislation through Congress is
against the viii Of the general gov
eminent 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 S25 900 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
troubles therefore. All testimony should
I believe not be based on partisan lines
but as to the desire of the people to
have these matters passed through
Congress, far from their homes or in
their own Territory by their own au-
many statements were placed on your
official record as to the likely action
of local officials that we ask for this
investigation"
Are the parties willing on both
sides" said Senator Burton, that the
amendmept now before our committee
shall be constructed into such law for
the Territory the same as in the United
States"
In regard to public lands and water
rights a somewhat modified code would
have to be enacted, as in such prescribe
ed ground as these islands one often
would practically take the water rights
FOR an entire district. We are willing
To take our chances on any law that
the committee will enact but l submit,
that circumstances here differ from
the mainland. The area for irrigation
plants Is circumscribed. A general law
might l fear set many parties at work
ON the same ground that might lead to
serious results"
When Senator Thurston had finished
Arthur G. Gehr was sworn and began
by talking of an agreement with Col
Parker and his associates for the divi-
sion of the business of the water com
panies, there being an alleged ultimate
union OF the combinations. He told OF
the meeting between the Gehrs and
col. Jones with Col. Parker and Mr.
McClanahan at the Bungalow and OF
further meetings, at one of which Nc
Clanahan saIu to Gehr that his party
could best tell what the matter was
worth, as they had made a careful sur
vey. Later at meeting at the office
: of Kinney, Ballou e. McClanahan al
agreement was reached where it was
decided that the Gehr company should
have fifty-one per cent of the stock
and the privilege of subscribing fol
fifty-fve per cent of the stock or bonds
in the future. According to Mr.. Gehi
the parties worked in harmony after
that, Parker's application was with.
drawn by Ballou, as there was a com
/, bination OF interests, and there seemed
no cloud. Mr.. Gehr said:
ION September 10, all terms OF the
, license were agreed upon and the gov.
ernor approving it as a good thing
for the Territory, II was about to be is
| sued. One or two gentlemen started
discussion and at the next council meet.
ing opposed the license and asked fol
restrictions, fearing that their rights
: had not been protected. We agreed
, with these to refrain from becoming
the owners of lands over which oul
ditch should run. The opposition wa:
against Colonel Parker as we'll as my
self He was present and urged anc
insisted that the license be given t,
Colonel Jones. | shall If necessary
call witnesses. 1t has been denied thai
! there was any agreement. One wal
|. signed by our party and Mr.. Ballou or
: September I, 1901. Mr.. Ballou was e
get Colonel Parker's signature. Thu
latter left for the states leaving hi
proxy with Mr.. Wundenberg. He was
) willing TO sign If the terms were al
! agreed upon; that he had in error Sc
: cured an option from Mr.. and Mrs
Booth and wished the matter of thu
option properly represented in tn,
: agreement the option being adverse t
| his interests, being only an option fol
the term of one year or sixty DAYS