The Hawaiian gazette., 1902-05-12
the DITCH
PROPOSALS
-
E.S.Boyd's Part in
the Committee
Debate.

M Land tnnfnIHaIuHNr BOYD. w.
lodged Nth the Committee on faclN,
Islands and Porto laUl before DIT hoy"
Yss Sseirn.r ~ 90. COMMITTEES on
Pacific Islands ana Porto RICE
United states senate.
sir submit the following state
nnsnt r,rariinr u. a. 1871 Nc. ll.se't
row pending before your committee.
In the early part ~ 1901 hu hplNtA
tion ~ss made by samuel
uouelulu Co the officers of the fertl-
TOR, Of Hawaii for a license 20 collect
AMI divert the water from the pubic
I.nda 10 tho north and east OF the ko-
hala mountains, on the Island OF ia
wall. aud for a right ~ way Tor d'''h
across said lands -,.,.
much favor. but there was some doubt
in IA. minds of the Territorial officers
regardtng their authority TO grant the
license asked. and the opinion OF the
Secretary Of the Interior was sought
His reply was to the effect That u theIe
vas no clear authority under the law
TOR .y,h action. IL should not be made,
and that II there was not such author-
ity and the Governor considered ihat
such authority should be vested In the
Governor he should 10 state In ms
next annual report.
About June LIST. 1901, and month
of the Secretary. another Application
for a similar license was filed with the
Territorial officers asking for the priv
iIege OF taking water from portion OF
the same land named in the applica-
ton Of Samuel Parker. The latter APP
pIcation was in the name OF John
walter Jones of Honolulu. No further
action was had on either application
until about July s. 1901. when meet
ing was held at which We're present the
Acting Governor. the heads of the dif-
ferent government departments, ana
representatives Of the two applicants.
This meeting was called To consider
these applications. j. w Jones pre-
scented plans for the proposed ditch,
which he claimed were the result OF
the work Of engineers which had been
working iu the Kohala mountains Tor
some weeks on this matter.
The representatives OF Samuel Par
ker also presented certain maps and
stated that they had surveyed part or
the watershed, and were asked to sub
init their plans and fun maps within
month. The letter from the Secretary
Of the Interior was read and discussed
and further action was delayed. The
law was thoroughly discussed for some
time following, and ii was finally de-
termiuel that the Territorial officers
did not have the requisite authority.
About the middle of August II was
detcr'.Had that "A report upon the
plans submitted by ]. w. Jones ono
others having been further presented
by any other person. should be made
by the government engineer. who ac-
cordiugly. VAS sent to the Island Of
Hawaii Tor that purpose. His report
after an examination, was that the
plans Of Jones We're practicable, and
recommended the issuance OF license
under certain restrictions. Another
meeting was then called, at which were
present Governor Dole. the heads OF
government departments, Samuel Par
ker. Mr. :. M Ballou, counsel for Mr..
Parker Mr.. j. w. Jones, Messrs. II. b.
and A. &. Gehr. Before there was any
discussion Mr.. Ballou announced on
behalf Of Mr.. Parker that there had
been coalition of the interests OF
Samuel Parker and j. w. Jones, and
that Parker desired to withdraw his
application for license in favor of the
Jones application, and that Parker
would make no further application for
this privilege. The Jones application
contained stlpulations which We're con-
side-ed more favorable to the govern
lnUnt.
From this time until about Soptem-
Der 18TH. there We're many conferences
regarding the terms Of the license, at
which al the persons interested were
represented and working in harmony.
In the end form of license was draft
ed. containing a large number of re-
strictions and agreements to protect
the government and other holders of
lands. all OF which We're pronounced
accountable 10y both the Parker ana
Jones interests.
At this time certain business inter
ests II the Islands requested "A delay
that they might examine into the mat
ter. to see II they might be affected by
the issuance Of the license. The ques-
zion was fully discussed with and by
them and in the press, and several fur
1her amendments to the license were
suggested in the public interest. l re-
fer to the copy OF the proposed KO-
hala Water License for its terms in
particular. These amendments were in
turn accepted by both the Parker and
Jones interests. and, as there appeared
to be no sufficient objection to the is
suance OF the license, ii was practical
ly agreed by the government that the
license should be granted.
Before this could be done, the Gov
ernor received from the Acting Secre-
tary of the Interior a letter denying
the authority in the Territory to make
such license, and no further proceed
ings in this matter were had. Recently
This decision has been reversed, and the
Secretary Of the Interior, upon the
opinion OF the Assistant Attorney Cen
eral, assigned to the Department, has
held that the Territory has fun author
ity to grant license Of this character.
About october l. 1901, Samuel Par
ker re-iiled in his own name his ap-
plication with the government, and Of
fercd practically the same terms as
were proposed for the joint Parker
Jones license.
Subsequently Mr.. Parker and his as
soclates, who. as l am Informed, do not
include J. w. Jones and his associates,
formed the Hawaii Ditch Co. Ltd, and
at the instance OF this company GER
tain bills were introduced in Congress
asking for a right of way over the
same lands included In the license dis
cusSed at Honolulu.
The House bill was referred to the
COmmittee on the Territories, and the
Senate bill TO the Committee on Pub.
lie Lands. The latter bill, as i am in
formed. is still pending before that