The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-05-07
DOLE IN
DETAIL
Short Hand Report
of Committee
Hearing,
THE GOVERNORS
EXPLICIT TESTIMONY
Complete and UnsarbIed Extracts
From the Official Report Of
the Committee.
CONTINUED from MondayD

= Senator MItchell-Does this reference
in section 2 OF the bill To certain sec
tions OF the acts apply TO acts OF Con-
/ Gress?
Governor DoIe-Yes. TO acts of Con-
| gress.
| The Chairman-Senator. that refer
| ence Is incorrect. Instead OF being 1901
IL should be 1891. I looked IL mp and
/ found that IL was simply the general
statute on the subject of irrigation. II
would not be applicable To Hawaii
| without some changes. because IL pro-
vides for the filing of certain docu-
ments with the local Register OF Lands
OF the district. and there is no such
official there.
Governor Dole-This paper says that
the proposed water diversion would be
legalized without compensation to ri
parian owners not making an actual
use OF the supply at the present time.
and refers TO n certain loss OF water
which the lower proprietors would suf-
fer from this matter. j can speak OF
this report as fully reliable in its state
rnents. and i will leave IL with you for
reference. and state that with such a
prospect OF affecting private rights IL
would seem as II the matter should
have a fuller investigation than can
now be given IL. or than can be given
in this country at all.
The Chairman-You indorse the state
ments of this paper. do you?
Governor Dole-Yes. sir; / belong tol
that trust: II is a charitable and edu-
cational trust
The Chairman-That is. the Bishop
estate?
Governor Dole-Yes: and can guar
antee IL as straight and reliable. al
though l have not made these investi-
cations myself. Mr.. futile is n scien-
tifc employee of the estate.
Another point is that there is no
prejudice TO any party by leaving this
matter to be decided by the Territory
OF Hawrii. The present Hawaii Ditch
Company and the company represented
by Mr.. Gear (who l think has been
present before your committee, or who
at any rate has been in Washington
opposing this bilD were combined in
applying To the Territory of Hawaii for
water privileges in these same noun |
tains. Negotiations were carried on
with great care. and a license prepared
which protected the homesteaders (who |
needed protection, because they were |
small consumers). protecting the for
esis. and requiring fencing and tree
planting until the Government was
substantially satisfied and these inter |
ests were satisfied. AT that time Sec
rotary Hitchcock called il on under |
a decision by Mr.. Van Devanter. which !
is now reversed, holding that the Ter /
ritory had not authority To enter into
such a grant. l understand that that
opinion is now reversed and it has been
decided that the Territory has the full
est authority.
The Chairman-That is. the Secretary
OF the Interior has so decided on the
Governor Dole-Yes. This company
has no reason to come to Congress. ex
cept that these negotiations were called
OF at that time. Now that they are
open again, there seems to be no rea-
son for Congressional action.
Senator Mallory-This right OF way is
all through public lands. is it?
Governor Dole-Yes. 1t runs over
private lands, too; but or course we
are only concerned with i. where it
cuts across public lands.
The Chairman-It is largely across
private lands.
Senator MalIory-But the act pro-
yides very explicitly for the condemna-
ton OF private lands, does il not?
The Chairnan-The company has Sc
cured the right OF way across all the
private lands
Governor Dole-No; our law or COZ
demnation by companies. ] think. ii"s
been repealed. We had one under The
Republic OF Hawaii; IL was constitu-
tIonal.
Senator MaIiory-But YOU have noae
now?
Governor Dole-Not for private par
ties. The Government may condemn
private lands for public purposes; but
except In the case OF some railway
franchises. do not think any private
can condemn private lands.
Is not that SO. Mr.. Thurston?
\ Gentleman-I THINK you are mis-
taken. That provision was not re-
pcaled by the organic act
Governor Dole-The constitutional ba-
SIS os Il was repealed.
The Chairman-However that may
be- the question does not arise in this
case. The statement ~ Mr.. McCrosson
was that they have secured the right
81 way across all the lands held by P-l-
vate ownership. and that all they want
from Us Is the right to cross the puo-
ic lands.
Governor DoIe-Therc Is another rel-
son why this bill Is Objectionable. That
>. that. So FAR as possible. we are work
ng tow ri the granting 81 such rights
ly auction. wherever there are several
parties applying; and as these differ