The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-08
KING GAVE
THE RIGHT
Wharf PriviIe ges
on Pearl Harbor
Shores.
ESTIMATES ON
CONDEMNED LAND
Plantation Managers Say Lease
hold Interest is Worth From
$275,000 to 100000.

The Honolulu Plantation Co. viii
probably conclude it's offer of evidence
in the Pearl Harbor condemnation casf
today or tomorrow. Yesterday was
taken up with the hearing of testimony
of the lease of the property taken by
II the government The estimates varied
from s275, 900 to 100000 and today more
sugar men will be placed on the stand
to tell what they believe the leasehold
interest is worth. There were the us-
ual long Interruptions Of witnesses by
argument, until finally Judge Es.ee
told the attorneys that they must waste
no more time. as he wished to be done
In time to hold court in Hilo on the
Hast Monday in January.
Judge Estee made an important rul-
ing during the morning upon the adj
mission of evidence relative t. the dock
rights of the defendant. The court has
studied this matter very CAREFUL" said
he. "and has examined the original
treaty made between the United States
and the King of Hawaii in 1887. where
in the King granted to the United
| States all the water rights to Pearl
Harbor, then known as Pearl river.
The court rules out al! evidence relat-
ing to wharf rights because the United
States already owns all such privileges
and no one can get riparian rights in
Pearl Harbor under this grant made TO
the United States by the King"
LOW ON THE STAND.
Manager Low resumed the stand Mt
the opening of court yesterday morn
ing. He said that the soil of the con-
demned land was similar to that of
the surrounding plantations, and was
made up from a flow from the same
crater. There were two distinct char
acters of soil, lava or adobe and red
coral.
The court ruled out the question us
to what this land would produce in
tons of sugar, saying: THE Supreme
Court has decided that In condemna-
ton suits the amount of any particu-
lar article which might be produced
cannot be inquired into. as this is a
question which depends entirely upon
methods of cultivation, management. |
climate and irrigation.
Manager Low told also of the i'm |
provements made by the Honolulu |
Plantation Co. stating that the land
had been entirely cleared of brush ana |
rock, that 260 acres had been ploughed |
and 1864 acres had been cleared of |
rock. He told also of laying pipe lines |
to the we'll and the construction of |
three dwellings, for overseers, boarding |
houses, kitchens, bath rooms, store |
rooms and houses for the laborers, |
about forty buildings in all. 1t cost |
about $50 per acre to clear the land, but |
this question and answer were after
wards ruled out. Mr.. Dunno in his OBJ
lection contended that the jury had |
only to do with the actual condition of |
the land as it stood July 18th, 1901, and |
it had nothing to do with any work or
cost for putting it in that condition.
Mr.. Low. in response to the question
as to the value of the leaSehold inter-
est in the lands in question, said in his
opinion it was worth 100000
On cross-examination Mr.. Low said
he was manager of the defendant COM
pany and received salary Of $4,000 per
year, and was otherwise financially in
terested in the plantation. He testified
also that sugar had been raised on the
land at one time-about an acre was
under cultivation by a Chinese Sew
years ago. He did not believe that the
esta blishment of the naval station
would do any good to the defendant,
and Mr.. Dunno then sprang upon him
a question as to whether the rates for
sugar were not to be lowered
fifty cents per ION upon the compile
ton of Pearl Harbor. The witness re-
piled that the contract did not call for
such a reduction, but that upon the
completion of the harbor a new contract
was TO be made, and the rate submit
ted to a board of arbitration. Mr..
Dunno also introduced a bit of paper
IN Lows handwriting wherein it was
admitted in the Bishop estate case that
315 acres of this land could not De
There was objection on the
part of Mr.. Silliman, but the paper was
fnally allowed to go in.
On redirect examination Manager
Low testified that there was an up-to-
Ia tie mill upon the plantation, that the
and condemned was an integral part
II the plantation, and that losing this
ract would have serious effect, in that
{ would leave lot of dead capital in
he mill, also in the railroads and 9TH
sr equipment, management and run
hing expenses Witness testified that
$4,000 was already invested IN clearing
his land, but the evidence was strIck-
n out upon objection by Ar. Dunno. =
IN the ground that clearing was not I
IN Improvement within the meaning OF
he law.
OTHER TESTIMONY. F
S