The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-05-10


PcI krT. Mr. J. W. Jones lfessrs III r
aud a G. Gehr- Before there was anN
discussion Mr.. Ballou announced or
oehait OF Mr.. Parker that there hac
oeeh coalition OF the interests OF
Samuel Parker ard J. w Jones and
that Parker desired to withdraw hi.
Application for license in favor OF the
Jones application. and that Parker
would make no further application FOR
this privilege. The Jones aDDlica,io,,
contained stipuiations which wera con
sidered more favorable to the govern
inent.
From this time until about Septerr-
Der 18TH, there were many conferences
reSarding the terms OF the license. at
which all the persons Interested were
represented and working in harmony.
n the end n form OF license was draft
cd. containing a large number OF re-
str!ctlons and agreements To- protect
the government and other holders of
amos, al or which We're pronounced
acceptable by both the Parker and
1 Jones interests
AT this time certain business inter-
| ests or the Islands requested n delay
! that they might examine into the mat
ter, To see II they might be affected nv
the Issuance OF the license. The ouas-
ton was fully discussed with and by
them and In the press. and several fur
Their amendments TO the license were
suggested In the public interest l re-
- - SnS Sopy 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. il 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 Score
| tary OF the Interior a letter denying
/ the authority in the Territory TO make
such a license. and no further proceed
| .ngs in this matter were had. Recently
this decision has been reversed, and the
Secretary OF the Interior upon the
opinion OF the Assistant Attorney Gen.
eraI. assigned TO the Department has
held that the Territory has full author
lily 10 grant n license OF this character
About October l. 1891. Samuel Par
ker re-iiled in his own name his ap-
plicatiOn with the government. and Of
fered practically the same terms as
were proposed for the joint Parker
Jones license.
Subsequently Mr.. Parker and his as
sociates. who. as 1 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 l am in
formed. is still pending before that
committee.
These bills asked for a grant in per-
pe:uity. without compensation or re-
strictions OF any character. and in ad-
dillon the right OF eminent domain ov-
er private lands. The House bill was
subsequently amended. and passed by
the House. and Is now before the Sem
ate Committee on Pacific Islands and
Porto Rico for action.
AT a recent conference held in Wash
ington, at which were present Governor
Dole. myself and representatives OF
both the Hawaii Ditch Co. and OF those
interested in the Jones application. il
was ascertained that the further coali-
ton between the Parker and Jones in
terests was refused by one OF the par
ties, and then Gov. Dole announced
that as there were two parties asking
for the same privilege. he could not
side with either. and that the matter
must be decided at Honolulu. and that
Under the circumstances. the right to
The license would probably have to be |
put up for sale at public auction.
As Commissioner OF Public Lands for |
the Territory OF Hawaii, 1 wish to en- /
ter objection to the passage OF this bin |
now before you. III. II. 1897. or any |
other bill OF similar import, and 1 base
my objection chiefly upon these
l. The term OF the grant is for an
unlimited period.
2. The vagueness of the description
n the territory through which the
ditch is To run and OF the rights which
would be conferred. leave too much
ground for uncertainty and litigation.
3 The fact that the charter of the
Hawaii Ditch Co. precludes il from
holding lands but may not prevent IL
from selling all or "a large part of the
water To the majority stockholders.
who might not sufficiently protect the
interests OF others. and more especial
" the small holders OF lands In the
license proposed by the government of
Hawaii this matter was so fully cover
81 that there can be little room for
possible evasion OF the intent OF the Ii
scnse.
4. The amendments which are now
to the Hawaii Ditch Co.
icem to be so because OF opposition Of
'ered by the officers OF the Hawaiian
and other parties who
lain an interest in the matter. The
OF Hawaii does not wish to
depend upon the efforts of individual
citizens. nor incur the expense OF keep
ng an official in Washington TO object
% possible legislation harmful To the
Territory, and the distance from Wash
ngtcn to Honolulu in both time and
niles Is large. II a precedent should
- established by the enactment OF this
lill into a statute. other attempts OF
similar character may be made. and IN
act such bills are already pending in
congress
>. The gentlemen OF your committee
md other committees do not now pos
less the intimate knowledge OF our
auds and the conditions surrounding
hem. or the present means for obtain
nR such knowledge. so requisite TO en-
.bie you TO thoroughly and sufficiently
lass upon the merits OF an application
4 this kind. and IL you had such
your time and attention are
occupied with the large affairs OF a
-reat natiCn. and you can not spare
he time necessary Tor s1ch an exam
nation.
These are small matters when COM
jared with those OF national and inter
ational import which constantly de-
a NaHm# ~