The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-09-30
.GEHR AND THE
KOHALA DITCH
WRITES AN OPEN LETTER TO
GOVERNOR DOLE GIVING HIS
VERSION OF ITS HISTORY.

Arthur c. Gehr in an open letter to
Governor Dole regarding the Kohala
Ditch matter, in which he claims that
the Governor has in effect broken faith
with him after he had secured a re-
versal of the Ryan opinion regarding
the power of the Territory over it's
public lands, concludes thus:
81 now demand that you keep your
promise and faith. Do you refuse be-
cause the Bishop Estate tells you so
to do?
You now seek to cut from the oper-
alton of the license a large part of the
water from the government lands.
Why?
THAT it may continue to flow into
Waipio and Honokane valleys to the
lands of the Bishop Estates, of one
of which you are trustee, and under
their agreements with the Hawaii
Ditch Co. give to the Bishop Estate
largely increased revenue, apd by so
much cut down the revenues of the
government? Will you attempt to de-
eide other material questions offhand,
one Of which I have called to your at
tention, which has been and is the
cause of much thought to very able
counsel, and in the States has been
construed in so many ways, that it will
be most difficult to determine what the
law is in Hawaii, with the peculiar
conditions which attach with some of
which you have had experience.
your suggestion to meet the ques-
ton regarding the rights which might
accrue to the Hawaii Ditch Co. and the
Bishop Estate from beneficial appro-
priations of the water from government
lands which are not included in the
proposed license is so palpably inef-
ficient, that l must conclude that you
have been too busy to give the matter
sufficient consideration.
You say that conditions have
changed, and so you must act different
ly from the plan of September, 1901.
So far as Parker is concerned there has
been no change, for he gave you notice
of his attempted breaking of his agree
ment on September 80, 1901. I had
my talks with you on October . and 8,
1901, and foolishly acted upon them, as
what was said was not in writing.
Eyes, there has been change of
conditions, but only in this: That in
place of the opinion of Mr.. Ryan that
the Territory had no power in the mat
ter, you now have the opinion of the
Secretary of the Interior, and of his
advisor Judge Van DeVanter, reverS-
ing the Ryan opinion and holding that
the Territory has full power in the
premises, and this change has taken
place solely through my efforts and at
my expense. Yes, conditions have
changed, and the plantation interests
which were threatened by the Ryan
decision are now serenely calm, and
the conditions desired in September,
1901 by one of the prominent business
men of Honolulu bids fair to be real
lied, through your influence and as
sistance, unless some fool has the
nerve to fight. His opinion and that
of others was expressed when he said,
Sam, we don't want to fight you, but
we must keep these outsiders out"
And now you want tourists and in
vestors from the States?
Yes, if they will take per cent and
you the other IS per cent, after the un-
suspecting malihini has taken all the
risk and spent his money.
For the laudable purpose of protect
ing the interests of the Territory from
spoliation you now require an auction
sale. That sounds we'll, and might
have weight but for the fact that there
have been times when you have grant
ed valuable rights without auction sale
and without requiring the recipients of
your favor to spend years in fighting.
You say that you are called upon to
follow the instructions of the Secre-
tary of the Interior The Secretary did
not instruct you to auction this right
and in your letter to him you failed t.
recite any of the conditions attaching
to this matter.
with the Bishop Estate under con-
tract with the Hawaii Ditch Co. the
President of which now is John Hind
you know that the auction sale will be
a farce and a travesty of justice.
do you take this means to relieve
Won as Won NAV think from the re