The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1902-01-12

things about xhich they testified; Al
80 their interest OF lack Of intsrest
II the result Of the action the prob
ability or ialprobzbiliiy Of the trutf
Of their several statements in view O
ali the other evidence adduced or cir
+ cumstances shown upon the trial
and from all Of the circumstances De
I teruine upon which side the weight
I or the preponderanee OF the eyidenc:
rests But arbitrary or Jumping meth
/ DDS OF assessing damages for the tax
/ ing Of property are TO be condemned
The Inhuence Of Treaties
Defendant has asked FOR certain in
structions arising out of the treaties
entered into between the Kingdom OF
Hawaii and the United States Gov
eminent in 1857. and in refusing &c
give any but one OF said instructions
I think il proper TO state TO the Jury
that in the year 1875 and again in
1857. two treaties were negotiated be
tween the Government of Hawaii then
represented by Kink Kalskaua. and
the Republic OF the United States by
aich the latter Government granted
reciprocity to Hawaiian sugar and
c-her articles produced in HAWAII.
In the treaty stipulations of 1887.
o. which treaty stipulations this Cog.s
iaUst take judicial cognizance. it was
prescribed by Article II thereof. as
follows:
His Majesty. the King Of the ia
vaiian Islands. grants to the Govern
rIe1t Of the United States. the exciu-
s.ve right to enter the Harbor OF FcaIi
River. in the Island of Oahr. and es-
tabIish and maintain there a c)aling
and repair station for the use of YES
sells Of the United States. and to that
end. the United States may improve
the entrance 90 said harbor and d. all
other things needful for the purpos
aforesaid.
II will be seen by the terms OF said
Treaty e 1857. the United States then
secured the exclusive right" to the
land-locked waters of Pearl Harbor.
and so while private parties may own
the lands bordering on these waters.
the waters themselves have belonged
10 the United States since the date
of that treaty. This is and has been
an open and notorious fact.
/ therefore instruct you that in
reaching a verdict YOU are not to con-
slider or place any value upon the
water rights in front of or bordering
upon said inland waters as belonging
to the private parties now litigating
with the United States Government
because although the treaty made be
tween the Kingdom of Hawaii and the
United States of America in 1887. by
which Pearl Harbor was ceded to the
United States did not in any way af-
feet private ownership in the lands
fronting on said harbor: vet those
parties have no interest, other than
that of every citizen OF the United
States. in the sloughs and waters of
Pearl Harbor: for these inland waters
are now and since 1887. have been
the property of the United States.
Closing Remarks.
Gentlemen. the defendant in this
case is represented by its manager,
James \. Low. who is the only respon-
sible party appearing for defendant al
this trial II appears that on Decem.
Der Sth. 1901. he made oath to defend
ants answer swearing to an amount
Of damage which defendant would
suffer by the condemnation of this
leasehold estate: while at the trial
and without giving any reasons there.
for, he testified TO a lump sum OF
100000 more damage than that
which was demanded in the answer.
Ii appears in this case that every wit
ness produced in court by the defend.
ant 10 prove value. testified TO dam
ages OF greater value than the de
PENDANT demanded in its answer You
may consider these facts in weigh
ing the testimony. of the weight OF
which. as | have tried 10 impress up
on YOU. you are to be the sole judges.
Gentlemen of the Jury. in arriving
at a verdict it must be by the unani.
nous consent of all your members.
Under the pleadings in this case.
there is but one issue inyolved-the
amount of the Just compensation
to be awarded 10 the defendant for
the taking OF his property. You must
therefore ind for the plaintiff. YER
dict condemning the leasehold inter
est of the defendant the Honolulu
Plantation Company. in and TO the
56l.2 acres OF land desired by the
Government; and you must find a yer
dict in favor CT the defendant for the
smount Of compensation due 1; there
for.