The Hawaiian gazette., 1904-08-02
MAUI NATIVES WILL
APPEAL TO ROOSEVELT
To Protect Water Rishts..-They Regard Law
Uncertain...PoIipo'i Springs Rumored Dry.
Sports and Society.

MAUI, July 3o.-The famous lao
Valley water question is again attract
ing public attention on Maui since the
recent reopening of the matter by the
Supreme Court. The three-cornered
legal battle as is well -known. has been
between the Wailuku Sugar Co., the Ha-
waiian Commercial and Sugar Co. and
Waikiki natives who are owners of XII
leanas. The aforementioned have re-
Gently been raising fund to engage the
services of w. A. Kinney and the other
attorneys of the Waluliu Sugar Co. to
appear for them when the case comes TIP
again for trial. This action unites the
interests of the Wailuku natives and
the Wailuku Sugar Co. as against the
H. c. & S. Co.
The legal struggle concerning lao wa
ter has extended over many years and
has often been surrounded by much mys-
FERROUS technicality. The last decision
(Which is now to be re-opened) as to
the apportionment of the valley water
was as follows:
The Wailuku Sugar Co. to have the
water in day time every day excepting
Sundays; the owners of kuleanas i'll
night time, and the H. c. & S. Co., dur
ing Sundays only. The reason that the
sugar plantation was allowed the use of
the water day-times was that Waikiki
residents had acquiesced in the arrange
ment for so many years that at last it
had become right. The only two own
ers who had opposed the taking of the
water by the plantation were w. H.
Daniels and E. H. Bailey and conse-
quently they were excepted from the
ruling and were the only ones allowed
the use of their share of water both day
and night.
The principal and most important
point now at issue Gas stated by prom
inent Wailuku citizen) is concerning
freshets to whom does the freshet or
surplus water belong
The II. c. & S. Co. claim such water
as the representatives of the konohiki or
king; the Wailuku Sugar Co. and ma
tives say that to take away the freshet
water will deprive them of most of it,
for usually the valley stream, subsidies
runs lower and lower for several days.
and then comes a mountain rain causing
a sudden rise or freshet. This is the
usual and natural order of events in the |
valley.
Such difficult question as this can
best be decided by men of much legal
training.--by the Territorial Supreme
bench.
Lanai has raised good crop of water
melons this season. A large number has |
been sold to Wailuku and Puunene peo-
pie
1t is reported that quite program of
races was run at Spreckels' Park, Ka-
hului last Sunday, the 24th. There was
quite a number of Japanese and some
"haoles" present An admission fee of
so cents was charged to the grand stand.
The first golf links ever established
on the island are now often in use
at the J. B. Castle summer residence on
the slope of Haleakala, above Olinda.
Some of the recent players were Harold
Castle, w. Anderson of Oahu College,
and Andrew Adams, manager of Kahu-
ku plantation, who is convalescing from
an attack of fever.
At Makena, on the 22nd, the Repub
leans of the Ulupalakua precinct form
ed a club with Guy Goodness as presi-
dent. The club also chose a delegate
20 the territorial convention and elected
]. M. Napulou as member of the new
district committee.
The natives of the Peahi-Huelo region
are making a petition to the President
If the United States concerning the
,utting off of their water supply by
plantation bitches. They declare that
streams that have run past their door
steps as long as they can remember and
lave never been dry, have suddenly
,eased to flow. They will not have re-
curse to the courts because those legal
bodies make decision one year apd
,hange it the next. and cite the lao
Valley water case to substantiate their "