The Hawaiian gazette., 1906-07-31
KELLOGG
IN DEMAND

his departure after investigating the
Nuuanu dam had vital connection with
the Palolo water case is clear enough
now.
Yesterday Deputy Attorney General
j.. W. Milverton fled an application in
the Supreme Court for a commission to
issue to Ed. Tedford, a notary public
for the county or Orange, California, TO
take the testimony of II. Clay Kellogg
residing in the city of Santa Ana in
that county, the testimony to be used
upon the hearing of the cause, "Palolo
Land & Improvement Co., petitioner
and appellee, VS.. Territory of Hawaii,
Kaane Kaumaka ct al.,' now pending
on appeal 10 the Supreme Court from
decision by Mrs. NJ. X. Nakuina, Com
missioner of Private Ways and Water
Rights
The application is based upon afii-
davits of Attorney General +. G..
Peters, Land Commissioner j. w. Pratt
and Mr.. Milverton. Peters relates the
story of the hearing before the Com
missioner, with its many continuances,
and tells about the test made by his de-
partment on behalf of the Territory
with coloring matter to ascertain
whether the springs of Pukele and Ma.
hoe in Palolo Valley were fed in whole
or in part by the waters of Kaea
claimed by the petitioners exclusively.
He makes out that during all the time
the case pended in the Commissioner 8
court the respondents were unable to
find an expert who could testify on the
point in question, which was decisive of
whether or not the Territory and other
respondents had any rights in the Kaea
waters.
1t was only after the decision by
Mrs. Nakuina, or about July Is, that
the Attorney General became aware
that there was such an expert within
the Territory in the person of Mr.. kel
logg This expert s services he secured
Mr.. Kellogg was not to be detained il
the Territory as witness beyond July
81. Mr.. Kellogg had convinced hin
that the test already mentioned faile'
because those employing it neither use'
sufficient coloring matter nor gave i
sufficient time to operate.
NJ Drot+ .o.,;Gns 30 tha ;nobi1ity N
the Territorial authorities to find a
expert while the ease was pending il
the court below.
Mr.. Milverton, who had charge o
the case throughout, gives similar ties
timony to that of the others, with othe
particulars, and, after telling of -
careful examination made by NJ
Kellogg of Palolo Valley and of tn
waters thereof, sayssihat Mr.. Kellogg
if permitted to give evidence, will te'
tify substantially as follows:
"That for a period of about twenty
two years he has been a hydraulic ell
gineer, and has constructed sewers
large irrigation systems; that he ha
made a particular and careful study {
subterranean waters and their relatio
to streams and other visible sources
supply, and has developed large qua
tity of underground water for irrig
tion systems. That he has made tho
ough investigation of and is familii
with the development of subterranea
waters throughout the United State
and has made an exhaustive study
the same. That on the Goth day
July, A. d. 1906, he carefully exar
iDed the Palolo Valley in order to d
termine the relation of the water a
pearing at different points therei
That he examined said valley beginnir
at the upper end of the watershed
the Kaea stream, and carefully trace
the stream down for a distance of I
least one mile, where the water of Ka,
disappeared. That from the poll
where the water disappears the cha
mel or creek bed continues dow
through the valley of Palolo to belo
point known as the Mahoe dam, ne
which point water reappears in {
stream bed in large quantities, {
stream being there known as the 1
kele stream. That the Palolo Vail
forms a well.defned watershed, throu
which the bed of the Kaea stream a
the channel In continuation there
down 10 below the said Mahoe dam
the thread, and said kaeR stream u
the channel In continuation thereof a
the Puksle stream form the LOWEST n
zion OF said Palolo Valley, or the Ii
OF drainage That the said wa,ersh
81 completely landloeked aud a
there IL 20 other point through VIII
the water Of such watershed could d
An outlet except down the Pub
stream, That the Pukele sire
10 tho only nstural line VI dra
age for the water N kaea. That
principal source ~ suppl uHeeling
pairfshrd 10 ihe kaea stream o