The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-09-02

| tion company accepted his offer of
$4,000. but says that 1t refused to
consider the purchase of said lands for
said price of $4,000 and offered $4,000
therefor which was refused by defend
ant.
The plantation finally informed de-
PENDANT that they would be willing to
bid that figure on condition that de-
PENDANT would abandon the condition
that said sale to the Paauhau Plantation
Company should be dependent upon
the sale by Samuel Parker or his In
terests in the Parker Ranch to said
minor. but this defendant refused to
withdraw said condition.
OFFERED TO BUY OUT PARKER.
That thereafter defendant having in
the meantime thoroughly considered
| the question upon data and informa-
ton available to him finally made an
offer to said Samuel Parker of a spe-
cific amount of money for his share in
| said Parker Ranch, which offer was
made some days before j. S. Low be-
gan proceedings against this defend
ant to remove him as guardian of said
| Annie T. X. Parker: at that time this
defendant having no notice or informa-
ton whatsoever of any such intended
part of Samuel Parker with this de-
PENDANT as guardian of said minor or in
his relations with said Samuel Parker
| himself. That the said Samuel Parker
declared that the price named by this
defendant was wholly inadequate, and
offered to name his price. stating that
| he would return in two or three days
| with his figures: that defendant and
| said Samuel Parker thereupon parted
amcably, but said Samuel Parker never
| returned and from that day to this has
| never been near this defendant, his de-
parture being followed up Immediately
| by notice to defendant to surrender
said ranch to him, the said Samuel
Parker. and by his appointment or at
tempt to appoint e. p. Low manager
| of said ranch.
CONDITION WAS IN INTEREST OF
| MINOR.
He denies that the condition whereby
the sale to Paauhau should depend up
| on the contamination of the sale by
| said Samuel Parker of his interest in
! the said Parker Ranch to said minor
was imposed with the expectation that
| influence could thereby be brought to
| bear upon said Samuel Parker to sell
| his said interest in said Parker Ranch
| for less than its actual value, but says
that said condition was imposed, be-
| cause there was and Is no occasion Of
| the sale Of any of the real estate Of
| said minor unless the proceeds can be
used to conserve, consolidate or pro-
tect her interests in the Parker Ranch.
THE HAMAKUA DITCH MATTER.
| That in reference to the application
Of the Hamakua Ditch Company to this
defendant for a right OF way across
Paauhau. defendant says:
That one, j. T. McCrosson, one OF
the promoters OF said ditch company,
| came to this defendant shortly before
| this defendant gave Samuel Parker q
| figure that he would give for said
| Samuel Parkers interest in said ranch,
and asked defendant for a right Of
| way across Paauhau for the ditch that
| the Hamakua Ditch Company con-
| templated building; that this was the
/ first time defendant had been approach
| ed for any such object by any one and
said defendant declined to consent as
he was then negotiating for the sale
of Paauhau and did not care for that
reason to go into the question Of the
right of way for the ditch and for the
further reason that the right of way
should not under any circumstances be
granted hurriedy or without investiga-
ton, and that IL Paauhau was to be
retained by said minor and was not
sold to the Paauhau Plantation Com
pany that said right of way would have
to be carefully worded so as to secure
to said land of Paauhau full and am
pie rights to water from said ditch;
so that said land of Paauhau could not
no IN off ipht TO IN Wn tar N Sni
ditch and thereby handicapped in its
value as against other neighboring
lands which might secure water right
in said ditch to the exclusion of the
said land OF Paauhau; and this defend
ant submits that he would have been
foolhardy and utterly reckless of the
rights and interests of said minor to
have acquiesced to the demands of Nc
Crosson for immediate consent TO the
granting of said right of way, and I'M
wise for him to even open negotiations
with said McCrosson until the ultimate
disposition of Paauhau had been de-
termned, as If Paauhau was sold TO the
Paauhau Plantation Company they
would be the proper parties for Nc
Crosson to negotiate with, and II said
land was not sold TO the Paauhau
Plantation Company, then that this de-
PENDANT would have to make careful
study of the whole situation before he
was in position to negotiate with
said McCrosson and to state upon
what terms and conditions and with
what safeguards to the land of Paau-
hau said right of way would be
granted.
VALUE OF PAAUHAU.
Defendant denies that $4,000 Is
very high price for said land of Pa
auhau. Samuel Parker having told de-
PENDANT that he had sold lands that
were inferior and cut up by gulches,
including such gulches, at the rate of
5000 per acre; and Wundenberg, Par
ker's agent, called the attention of the
defendant to the fact that cane land
IN the IIilo district had recently been
valued by intending purchasers at
10000 per acre,