The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-07-28
KELLOGG
IN DEMAND
Territory Banks on
Him in PalOlo Water
Fight.

the expert hydraulic engineer, before
his departure after investigating the
Nuuanu dam had vital connection with
the Palolo water case is clear enough
now.
/ Yesterday Deputy Attorney General
F. w. Milverton filed an application in
the Supreme Court for commission to
issue to Ed. Tedford, a notary public
for the county or Orange, California, to-
take the testimony of H. 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 to the Supreme Court from
decision by Mrs. NJ. K. Nakuina, Com
missioner of Private Ways and Water
| Rights.
| The application is based upon aft
davits of Attorney General E. c.
Peters, Land Commissioner J. w. Pratt
and Mr.. Milyerton. 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 s |
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 IS services he secured
only upon the express condition that
Mr.. Kellogg was not to be detained in
the Territory as witness beyond July
p. Mr.. Kellogg had convinced him
that the test already mentioned failed
because those employing it neither used
sufficient coloring matter nor gave it
sufficient time to operate.
Mr.. Pratt testifies to the inability of
the Territorial authorities to find an
expert while the case was pending in
the court below.
Mr.. Milverton, who had charge of
the case throughout, gives similar tes-
tlmony to that of the others, with other
and, after telling of "a
careful examination made by Mr..
Kellogg of Palolo Valley and of the
waters thereof, says that Mr.. kellogg,
if permitted to give evidence, will tes-
tify substantially as follows:
"That for a period of about twenty
two years he has been a hydraulic en-
gineer, and has constructed several
arge irrigation systems; that he has
made particular and careful study of |
waters and their relation
% streams and other visible sources of | '
supply, and has developed large guam
ity of underground water for irriga- :
ion systems. That he has made thor -,
ugh investigation of and is familiar (
With the development of subterranean
fa- 4 "
nd has made an exhaustive study of n
he same. That on the Goth day of t,
uly, A. ID. 1906, he carefully exam u
ned the Palolo Valley in order to de- u
ermlne the relation of the water APP q
caring at different points therein. \
hat he examined said valley beginning
t the upper end of the watershed of
ne Kaea stream, and carefully traced
ne stream down for distance of at
.ast one mile, where the water of Kaea | +,
isappeared. That from the point r.
here the water disappears the chan t.
ell or creek bed continues down | II
trough the valley of Palolo to below b:
point known as the Mahoe dam, near y
Inch point water reappears in the -
-ream bed in large quantities, the s.
,ream being there known as the Pu- Ell
ele stream. That the Palolo Valley %
'rms well-defned watershed, through
hich the bed of the Kaea stream and Y
he channel In continuation thereof CT
own to below the said Mahoe dam is
le thread, and said Kaea stream and -
lie channel in continuation thereof and
lie Pukele stream form the lowest por- Ii
on of said Palolo Valley, or the line Al
i. G,