Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-05-21

said Charles Turner Joining with him
ir the aforesaid deed and did thereby
release her right to. and any possibility
oi dover In. said parcel Of land; that
while said Ching On was seized and
possessed OF said premises. the Gov.
Crnmcnt Of the Territory Of Hawaii as.
sumCd possession of same and caused
Fort street TO be widened and the said
Government is now in possession OF
same without making compensation
therefor. The said Ching on. his wife
Joining with him, on the Sth day Of
June, 1901. by proper deed Of convey.
ance, conveyed all his right. title and
interest in and to said parcel Of land
to the petitioner herein. Said deed Of
conveyance is Of record In the Office OF
the Registrar OF Conveyances in liber
1895, folio SS.9.
while the grantor Of said premises
as aforesaid was not in actual posses.
sion of same at the time of the execu-
tion of the foregoing deed Of convey.
anCes, he, however, had a perfect right
&C. convey same to the petitioner and
the petitioner herein has perfect
| right to petition this House for Just
compensation for the said taking of
said parcel of land by the Government
of the Territory of Hawaii for street
purposes.
AS TO the amount of compensation,
your committee is not called upon TO
report. and therefore leaves the find.
ings of the Committee on Public Lands
and Internal improvements as It is.
Your committee therefore recon.
mends that sl.465.50 be properly in.
serted in the Emergency Bill.
FRANK ANDRADE,-
Chairman Judiciary Committee.
ERIC A. KNUDSEN,
"a. FERNANDEZ.
"WM. J. WRIGHT,
-. X. PAELE."
Argument on the Claim.
On request, the report OF the Public
Lands Committee on the petition was
read and then came a long discussion
on the propriety of the claim. Mr..
Harris wanted to know If Mr.. Noar
had ever laid in a claim to the Govern
ment for damages and upon Mr.. An.
drade answering that he had not as
certain this. stated that this was the
information that should be obtained.
Mr.. Fernandez said he had had q
talk with Mr.. Noar and had learned
from him that he did not put in a claim
because he had no confidence in the
present Superintendent OF PlbliC
Works. He believed the legislators to
be just and they would certainly see
that he got his rights. Mr.. Fernandez
said the claim should be paid.
Mr.. Lewis was also in favor of the
payment OF the claim. saying that the
Government was a peculiar instltu
ton. He spoke from experience. He
was the owner of a piece of property
a part of which was taken for road
purposes. When he and the others in
terested went to claim damages, they
were told that they would take five
cents square foot for the land or they
could bring suit against the Govern
ment. The land was worth at least
fifty cents p square foot.
Mr.. Kumalae also spoke in favor OF
paying damages to Mr.. Noar The
rich people whose property had been
taken had all been paid, but this poor
man was left without a cent. Going
into the courts would mean that he
would have to spend lot of money.
Mr.. Keliinoi said there was a proper
course to pursue in this matter. II
the money could not be obtained from
the Public Works Department the pc
titioner had recourse to the courts
lne same view was taken by Mr.. Vida
Mr.. Kalama spoke of the lawyers in
terms that brought both Messrs. Long
and Andrade to their feet, but when
they saw the speaker was only gently
Joshing the attorneys, they had moth
ing more to say. Mr.. Kalama was In
favor of a reduction of the amount
asked for by the petitioner. He said
that in the case of a claim of the kind
II was usually the Government pulling
AZ the tail of COW, the courts wrest
ling with the horns and the lawyer
Quietly taking all of the milk. The
client was hors de combat.
Thus the argument continued until
at the noon hour, the House, on motor
Of Mr.. Kalama. took a recess until
, clock.