The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-09
CASES ALL
SET TIED
a5uo
United States Has
Title at Pearl
Harbor.

Final disposition was made yesterday
of all the Pearl Harbor cases except
ing the appeal of the Honolulu Planta-
ton Co.. and Admiral Merry has hopes
of efecting a compromise when he
reaches Washington, where he has been
ordered by Secretary Moody.
Admiral Merry, with Paymaster Hall.
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 eft al.
There is still slight hitch in the set
tlement of the claim of the Bishop es-
tate The defendant agreed to accept
the jury verdict of s52,737, and dis
missed the appeal, but the question of
payment of the Territorial tax upon the
deeds is still unsettled. This amounts
to 1855, and if the Government is re-
sponsible for it, it will not be paid
under 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 al
| title TO the United States, and virtually
closing up the matter excepting as tc
| the Honolulu Plantation Co. The Oahu
Railway Co. gave its right of way in
Pearl Harbor to the United States fol
a consideration of 81, reserving the
right to run its trains over the present
| roadway. It was necessary that TIT
| title rest in the national Government
before any Improvement could be made
but It was not the intention to disturb
the railways present occupation of th'
land, and it is given perpetual lease
| The Dowsett estate was paid $1,000 II
a check on the United States Treasury
for its leasehold interest in 1888 acre!
at Pearl Harbor, and the Ii estate re
ceived check for $4,000 for its fee sim
pie interest in twenty-five acres alont
the south coast of Ford'S Island. Tn
Oahu Sugar Co. owned twenty-five
| year lease on the latter property Oh
| in consideration of the fact that the!
are allowed to remain unmolested oil
the remaining portions of Ford Islanc
the lease to the twenty-five acres wa
surrendered for 81.
Chow All Fo who was also defend
ant in the original suit, was found t.
have no interest in the property con
denlned for the use of the United State
and the case will be discontinued as t
him. His land was at Halawa, but no
within the tract taken by the Govern
1nent. The interest of Bishop & Co
and w. G. Irwin, who were made de
lfendants in the suit, were only that o
| mortgag gees of the Oahu Sugar Co, anC
upon the satisfaction of the claim o
the latter company, dismissed thei
claims also. w. G.. Irwin also had al
interest in a small tract of land, blu
not sufficient to warrant him in ap
pearing to defend.
Papers will probably be filed within
a few days showing the settlement o
| the Pearl Harbor case as to all de
| PENDANTS excepting the Honolulu Plan
tation Co. The appeal In this case j
lalso likely to be withdrawn, as Their
/ is prospect for the old compromise go
ing through when Admiral Merry ha
had an opportunity TO explain the 10
cal situation to the Navy Department
In Washington.