The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-03-13
A, {. GtHR
PROTESTED
Water License Sold to
j. S. Low and $1,000
Fee Paid In.

At noon yesterday, in front of the
judiciary building, the long discussed
license for taking water from the Ko-
hals -Hamakua watershed was sold at
public auction. James w. Pratt, Com
missioner of Public Lands, personally
conducted the sale. being assisted by
a. L. c. Atkinson, Secretary of the
Territory.
There was but one bid and the fran
chise was declared sold, after deliberate
crying to third and last time" to j.
S. Low for the upset price Of $1,000 an
nually and one per cent of the gross re-
ceipts. Mr.. Low represented j. T. Nc
Crosson, Samuel Parker, the Bernice
Pauahi Bishop Estate and others form
ing the combination between which and
the company represented by the Gehr
brothers controversy over rights has
been raging for more than two years.
Immediately after the license fell TO
his name Mr.. Low entered the Public
Lands Office and paid the first years
$1,000 tribute in gold.
Mr.. Pratt, at high noon, began the
sale by reading first the notice thereof
and then the license complete, with
blanks for the name of the licensee and
the price.
a. u.
against the proceedings. He protested
against the advertisement on the
ground that it mentioned conditions
which did not appear in the draft of
license delivered to him. When asked
to indicate the discrepancy for publ
cation, Mr. Gehr denied the request
with the remark that it was a matter
for his attorney. Next, at the reading
of the license, he entered an objection
to each and every section, as differing
from the agreement entered into with
him by former Governor Dole and the
Commissioner of Public Lands in Octo-
Der, 1901. Further, he objected to the
sale of the license as a whole because
it was contrary to the agreement al
ready mentioned, claiming the right to
receive the license Hereunder on be-
half of himself and his associates, also
claiming by virtue of their having COM
piled with all the conditions in such
agreement prescribed
Secretary Atkinson took notes of the
protests, but later obtained a promise
of a copy thereof in writing from Mr.
Gehr.
1t was after Mr.. Low had spoken his
bid that Mr.. Gehr got in the final pro-
test. When asked subsequent to the
sale why he had not saved stakes by
bidding for himself and associates I'M
der protest, Mr.. Gehr replied:
Il 40 not wish to take any chances.
There is a question of law as to wheth-
er a bid would be committal in effect.
1 am acting under the advice of Sena-
tor Thurston.'
Seldom has judicial or official sale
of land attracted such a large crowd as
assembled on this occasion. Among the
number were Samuel Parker, j. T. Nc
Crosson, Fred. w. Wundenberg, Abram
Lewis, Jr., J. Frank Woodse F. S.
Dodge, Eben p. Low, Frank Halstead,
]. A. Magoon, j. Lightfoot, Surveyor
w. E. Wall, c. w. Booth, Deputy At
torney General E. c. Peters, M. F.
Prosser, Col. j. w. Jones, A. NJ. Sproull,
Federal Judge S. B. Dole, A. c.. Love-
kin, Superintendent of Public Works c.
S. Holloway, c. H. Kluegel, r. Ban
ming, W. Blaisdell, w. E. Rowell, Major
Purdy, A. G. NJ. Robertson, w. NJ.
Giffard and Olaf Sorenson.