The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-15
GEHR OPENS
FIRE HERE
ReneWs Hamakua Ditch
Fight in Supreme
Court.

would be amended, as he was reported
to be working for, this winter So as
to give the Federal court of this Chs
trlct jurisdiction of cases between citi-
zens of any State or another Territory
and of this Territory.
At all events he has brought his
grievances against the Government Of
the Territory in connection with the
Hamakua ditch franchise into the SUI
preme Court of the Territory. His pc
tition as follows was filed Yesterday:
ITO the Judges of the Supreme
Court of the Territory of Hawaii.
Your petitioner, Arthur c. Gehr,
trustee, resident of the City of Chi
cago, Illinois, presents to you the fol-
lowing petition in accordance with the
provisions of Section zoos of the re-
vised statutes of the Territory of Ha-
wall
Your petitioner alleges, both on his
own behalf and as trustee for his as
sociates. that since April 4th, 1902, ne
has had vested right in and to the
lands, water rights, rights of way and
other rights and privileges as named
in a certain written agreement prepar-
ed by your petitioner and the Govern
ment of the Territory of Hawaii, said
agreement being now in the possession
of the Government of the Territory Of
Hawaii, copy of which your petition
er is ready to submit in proof, and your
petitioner asks that the copy of said
agreement now in the possession of the
Government of Hawaii be made and
considered as a part of this petition, or
that your petitioner be allowed to SUBJ
stitute his copy of said agreement
therefor;
And your petitioner prays that you
will adiudge him to be the owner, as
trustee, of all of said rights and privIi-
eyes as named in said agreement, free
and clear of any and all other claims
on the part of any other person, ana
will require the Government of she
Territory of Hawaii to convey all such
rights to your petitioner, or in default
thereof to pay to your petitioner the
full value of such rights and privileges.
- Your petitioner alleges that he AT
all times has been and is now ready,
able and willing to comply with The
conditions named in said agreement to
be performed by him, but that the Gov
eminent of the Territory of Hawaii has
refused to keep and perform its part
of said agreement.
''Said lands and the rights and priv
ileges attaching thereto, before men
eli for 10 nf
Hawaii, upon the Island of Hawaii, in
the districts of Kohala and Hamakua,
and embrace all the lands bounded ny
Waipio Gulch, Honokane Gulch, the
summit of the KChala mountains, and
the sea.
''The consideration for which your
petitioner became vested with said
rights are as follows: The expenditure
of large sum of money, to wit, $1,000,
in the surveys and explorations of said
territory, the results of which were ex
posed to the Governor and the Com
missioner of Public Lands of the Ter
ritory of Hawaii, and to others. Maps
and other data of Importance and of
large value to your petitioner in con
neetion with the said agreement were
left with the Government of the Ter
of the officials thereof, upon the dis
tinct agreement that said maps ana
other data should be held only for the
confidential use of the Territory of Ha-
wall. Your petitioner alleges that the
of the Territory of Ha-
wall violated this agreement, and suf-
fered the case which contained these
maps and which was locked to be brok.
EN- open unlawfully, and the informa |
ton therein contained to be put into |
the possession of conflicting interests, |
to the great loss of your petitioner
Your petitioner prays that you will |
require the Territory of Hawaii to pay
to your petitioner such an amount as |
damages for such unlawful and improp- |
ar action as may be proved by your pc |
tltioner to be his damage in this mat |
ter.
"A further part of said considera |
ion is the agreement between your pc |
.itiOner with the Governor and Com
missioner of Public Lands for the Ter |
'itory of Hawaii for the conveyance to |
your petitioner of said lands, rights |
md privileges, and an agreement be- |
tween your petitioner and the said |
Governor and Commissioner of Public /
Lands, that if your petitioner should |
secure ruling by the Secretary of the
Interior that the Government of the |
Territory of Hawaii had the right to
convey said lands and the interest
herein claimed by your petitioner,
hey would make such conveyance
our petitioner fully performed all of
lis part of the said agreement at a
arge additional expense of time an | |
money. and thereby became at once in
rested irrevoeahly with said lands,
lights and privileges, for the above and
<indred considerations.
Your petitioner further alleges that
here has been no assignment of any
part Of the rights herein claimed, but
hat the title thereto is vested solely
n your petitioner, and that your petit
homer is justly entitled to said con-
7eyance or its equivalent in money
7alue, after allowing all just credits
md set-offs and that vour neti+iopar