The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-07-11
CASES ALL
SETTLED.
United States Has
Title at Pearl
Harbor.

tFrom Wednesdays GoliyD
Final disposition was made yesterday
of all the Pearl Hnrbor cases except
ing the appeal Of the Honolulu Plsnta-
tion CO.. and Admiral Merry has hopes
of enecting compromise when he
reaches Washington, where he has been
ordered by Secretary Moody.
Admiral Merry. with Paymaster Hall,
were present with Assistant United
states Attorney Dunno yesterday at the
final negotiations in clearing up the
remnants OF the celebrated Pearl Har-
Dor case, which is on file in the United
States Court under the title OF United
States Of America VS.. Estate of Ber-
nice Pauahi Bishop ct al.
There is still slight hitch in the set
Element Of the claim of the Bishop es-
tate. The defendant agreed to accept
the jury verdict of S52.737 and dis
missed the appeal. put the question of
payment OF the Territorial tax upon the
deeds is still unsettled. This amounts
to s2G5. and If the Government is re-
SponSlDlt IbI IT, II Will not De pau
under a holding of Attorney General
Dole that the United States cannot be
taxed by the Territorial Government
Mr.. Dole insists however that the
Bishop estate, as makers of the deed,
should pay the tax, and the question is
still an open one. Some amicable ar
rangement will probably be made to-
day.
Deeds were made out also by the
Oahu Railway Co., the Dowsett es-
tate, and John Ii estate, conveying all
title to the United States, and virtually
closing up the matter excepting as to
the Honolulu Plantation Co. The oahu
Railway Co. gave its right of way in
Pearl Harbor to the United States for
consideration of 81, reserving the
right TO run its trains over the present
roadway. 1t was necessary that the
title rest in the national Government
before any Improvement could be made,
but II was not the intention to disturb
the railways present occupation of the
land, and II is given perpetual lease.
The Dowsett estate was paid $1,000 in
a check on the United States Treasury
for its easehold interest In ASS acres
at Pearl Harbor, and the Ii estate re-
ceived check for $4,000 for its fee sim
pie interest In twenty-five acres along
the south coast of lords Island. The
oahu Sugar Co. owned q twenty five
year lease on the latter property, but
IN consideration of the fact that they
are allowed to remain unmolested on
the remaining portions of Ford Island
the lease to the twenty-five acres was
surrendered for 81.
Chow All Fo, who was also q defend
ant In the original suit, was found to
have no interest In the property con-
demned for the use OF the United States
and the case will be discontinued as TO
MIN. His land was at Halawa, but not
within the tract taken by the Govern
ment. The interest of Bishop & Co.
and w. G. Irwin, who were made de-
PENDANTS in the suit, were only that of
mortgages of the Oahu Sugar Co.. and
upon the satisfaction of the claim OF
the latter company, dismissed their
claims also. w. G. Irwin also had an
interest in a small tract of land. but
not sufficient to warrant him In ap-
pearing to defend
Papers will probably be filed within
few days showing the settlement of
the Pearl Harbor case as to all de-
remnants excepting the Honolulu Plan
tation Co. The appeal In this case is
also likely to be withdrawn, as there
is prospect for the old compromise go
ing through when Admiral Merry has
mad an opportunity to explain the To-
cal situation TO the Navy Department
in Washington.