The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-14
THE SEAL
IS BROKEN
JuryFixesV Value Of
Naval Lands at
$1O5,OOO.
BOTH SIDES ASK
FOR A NEW TRIAL
United States May Enter Into Pos.
session of Condemned Prop
erty by Paying Verdict.

The sealed verdict returned by tht
jury Sunday in the Pearl Harbor case
was opened yesterday morning in Fed
eral Court at o'clock, in the presence
of the jury, attorneys and Judge Es-
tee. 1t awarded to the Honolulu Plan
| tation Company the sum of sos 600 for
| both the leasehoId and the improve
ments upon the land. The improve
ments We're placed at s15, POS, and the
lease was valued at $50, 792.
The attorneys for both plaintiff and
defendant took exceptions to the jury's
findings, and gave notice of motion for
new trial, but it is doubtful if both, or
even the one party push the case to an
appeal. On motion Judge Estee may,
if so disposed, set aside the verdict
and order new trial, and this will be
the first point argued.
The United States need, however, not
delay the Pearl Harbor naval station
for even one day because of the appeal
now pending in the Bishop Estate case,
or the prospect of further action in
the claim of the Honolulu Plantation
Company. By simply paying into court
the amount of damages awarded by the
jury, possession of the lands can be
taken Immediately, even while the ap-
peals are pending. This authority is
given the United States by a Terrific
rial law which provided that by paying
the amount of damages fixed by jury
condemned land may be taken posses
sion of Immediately, notwithstanding
any further pending actions.
The United States has still on it's
hands two small suits which have not
been settled. The John Ii Estate owns
a fee simple interest in twenty-three
acres on Ford's Island for which there
will probably be contest, no compro-
mise having been effected. There is
still a leasehold interest of forty odd
acres held by the Dowsett Estate in
land near that of the Honolulu Plan |
tation Company's property. but there |
IS some prospect of compromise in this
matter.
The jury being called into court yes
-erday morning We're polled after the
'eading of the verdict. The sealed en-
7elope was first handed to one of their
number by Marshal Hendry and iden-
fled by each in turn, then handed to
Clerk Mailing who opened it and read
IS follows:
United States of America, District of
Hawaii.
n the District Court of the United
States in and for the District Cf
Hawaii
The United States OF America plain
if and petitioner ii
tot
ct al, defendant and re-
pondent.
We, the jury in the above entitled i
ction. upon the issues framed in said =
elton between the above named plain
If and petitioner, and the Honolulu d
endant and respondent above named, il
nd the following verdict to wit:
/. We find that the above named
iaintiff and petitioner is entitled to |
ave all the right, title and interest of a
aid defendant in and to the tracts and b
arcels of land involved herein, con- d
emned for the uses and purposes set C
Ut in the petition on file herein, and | &
} take hold and acquire said tracts | p
nd parcels of land and their appur- n
nances in fee simple absolute. for the | I
lblic uses and purposes in said petit n
on set out. L
2. We find the value of an improve
ents upon the property condemned in
lie above entitled action to be s15.- a
s co. -
3. We find the value of the property q;
in the above entitled action a,
wit. the leaSehold interest of said 81
said the Honolulu Planta- 7
On Company. a corporation. in and 70
the tracts and parcels of land con- or
mined herein TO be $50. 49,. 90 in Unit dc
states solu COIN al
80, 40 70 thdl part OF the property in
ly portion of a larger tract we find Ct
d assess the damages which will ac- . q
lie to the portion not sought to be on
ndemned by reason of its severance w.
'n the portion sought TO be con- Sr