The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-29

OF Iowa was called to the chair as the
bill was considered in the Committee
of the Whole. Mr.. Powers explained
the purposes OF the measure as follows:
There is organized, under the au-
thority of the Legislature OF Hawaii
a ditch company. That ditch company
has leased and purchased certain water
rights where the water is now falling
into the sea- 1t desires To convey tina.
water to other lands and TO irrigate
them. In order to do that they must
cross certain land the title of which is
IN the United States The Secretary Of
the Interior. after a careful examina-
tion OF the statutes. decided that he
could not grant them authority or right
to cross this land. and that they must
get II from Congress.
Tho committee are very generally
OF the opinion that he had that author
ity. I VIII say that the committee are
unanimous In this report. Now. there
Il a general statute which is referred
to here. and which I can read, which
authorizes all ditch companies. where
they desire TO irrigate land, to cross
Government lands In other Territories
We have given them the same right OF
crossing this land OF the Government
which every ditch company has in ev-
cry other Territory In the United
States. in the Territory OF New Mex
leo and Arizona and Alaska. IL having
been decided that that general act does
not apply to Hawaii They ask no ex- !
elusive rights. We have also placed
one other burden upon them. that in !!
to complying with all the pro-
visions and stipulations of the general
act which applies to all ditch compan-
les In this country they shall furnish !
TO any homesteader. or any other per-
son desiring to use this water that shall
purchase Government land. the water
1T a fair price. and IL the person de-
string to use IL and the ditch companies
can not agree as to what Is fair
price. then the bill provides that II
shall be determined by the District
Court of the United States. as you will
Tee in the last clause.
''The only variation that there is IN
he bill from the general act is this:
As they have to file plans with the
Secretary of the Interior. and as he has
o send somebody. after they have filed
he plans, to loak IL all over and ap-
prove the location before they can COM
nence work and as IT will take near
me year to do this, as they can only
lse this right after he has approved
heir location and plan. we have, at
heir earnest request. allowed an ex-
ension OF one year more before they
orfeit their rights. Hence you will see
n exception. as provided in the last
ection, and that section gives them
tx years before they forfeit IL, instead
Z five as under the general law. II
THE reason for so doing. as / have
tated. is that IL will take so long |
me to make the surveys, to forward
hem to the Secretary of the Interior.
nd then have him send competent
ersons there. as understand he does.
nd get the reports and approve. so
,at they will have in reality no longer
me to complete the work in than any
her companies have in this country.
\ account Of the great distance they
e away from here. This bill simply
ANTS this right to this ditch company
cross under all the restrictions and
mutations OF the general law the
overnment land in a portion of Ha-
ali. That is all there is to IT.
This explanation was made in answer
a question from Mr.. Richardson. OF
but Mr.. Underwood, OF Ala
ina. also asked whether future pur
lasers of Government lands would be
detected in their rights for the use
water and Gov. Powers called atten
IN to section Of the bill. which he
II. so that the price of water could
fixed by the courts. IL the owner OF
Continued on Fee %