The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-04-29
BREWERYS
HAND SHOWN
Continued from rage One)

IA ken ND by litigation to the Suprem
Cont of the Territory on two occa'
eions. that bv a technicafty the cases
| in both instances were decided agalns1
him. and his throws the claimant OF
the Legislature for remedy. The clam
appears to be a just one. as certain
agreements We're entered INTO by tn'
former Government officials with ths
claimant. making a certain exchange
Of land and executed in consequence OF
the agreement a certain piece of LAND
at Kapaakea, Honolulu, containing 513l
square feet, more or less. This con-
xeyance was made for the purpose OF
widening the streets and improving the
| same, and in consideration of such a
grant. the then Governor of laval
| Sanford B.. Dole, covenanted ano
| agreed to secure to said claimant 2
| conveyance of certain premises near
and adjoining, and agreeing to remove
within sixty days all buildings and
| fences upon the property. This was
| not done, and by reason Of this failure
on the part of the Territory, the claim
ant suffered damages in the sum of
fifteen hundred dollars.
The proceedings for this claim were
first instituted in the Circuit Court.
First judicial Circuit. in 1904. Later
on the plaintiff instituted proceedings
before the bench of the Supreme Court
of Hawaii. wherein the defendant, the
Territory of Hawaii, demurred on the
ground that the contract and covenant
upon which the cause of action was
based had not been executed by an Of
fetal of the Territory of Hawaii having
- -; 70 nvnaY1tn
same. and the decision rendered sus-
tanned the demurrer upon the ground
above named, namely, that there was
no law of Hawaii authorizing the
ernor to make the to remove
buildings and fences 9th Haw., page
30).
Under the circumstances, your COM
mittee feel justified in recommending
that the Senate concur in the insertion
of this item by the House.
AS to the second item-claim of r.
Maka, $2500-your committee find that
a certain portion of Mr.. Maka's land
has been taken by the Government for
street widening purposes, a total of six
hundred and fifty-nine $3.50 square
feet. leaving a alance of nineteen hum
dred and eighty 1880 square feet in
his possession. We find by reference
to the tax books that he balance IN his
possession is taxed at one thousand
dollars $4,000 valuation; this is at a
rate of less than seventy-ive cents
(75c.) per square foot for the land ad-
the portion taken by the Gov
eminent and being part of the same
lot. AT the rate of n dollar $D pei
square foot, the amount due Mr.. Maka
for 659 square feet would be 1868, and
as the taxation value is somewhat less
that figure, your committee feel
in recommending the passage OF
the item at 1853, that full and ample
compensation is being given to Mr..
Your committee therefore recommend
the item at the figures $4,000 be
from the bill and the figures
1863 inserted in Leu thereof.
As to the third item, claim Of An
S. Costa, your committee recon-
mend the adoption of this House
amendment. The Superintendent of
Public Lands in explanation informs
your committee that Lot. No. Al, dis
posed of TO this claimant, upon prope
survey being made, was found to lack
a. certain area which the claimant fail
ed to get in his patent, n FOUR COM
recommends h payment of
his amount to Mr.. Costa.
The next is from the Judiciary com
recommending the appointment
of a commission to inquire into the
laws of the Territory and their
administration.
Your Judiciary committee to which
was referred Senate Joint Resolution
No. 2, in re appointment If land
for the purpose If incor-
porating in the resolution the recon- |
m~endations made by it in their SUP
report, recommend the fol-
amendment in order to comply
with the object of the supplementary
report.
After the word revised and before
the word said insert the following: |
and in it's elaboration shall con-
slider House Bill No. 66 introduced by
Representative John Hughes at this
session of the Legislature and report
its features and general adaptable
ity and recommending changes which
may to said Commission seem advis-
%0tSs AAH III olIECIldlIiClll we |
hat the resolution be
The mex refers to the Pinkham bills
franchise:
Your Public Land committee, to
whom were referred Senate Bills Nos.
and 81, one being AN Act relating
to the encouragement and building of
public railroads on the Islands of Ha-
wall and Kauai, Territory of Hawaii"
and the second being "An Act revising
general railway law Of the Terri
tory of Hawaii beg leave to report
they have had the same under
careful consideration, but find that the
subject therein treated is of such vast
Importance and great concern to the
of the Territory that the time
the disposal of your committee is
of sufficient length to Justify the
committee in reporting one way or
another on the said bills.
We believe hat before these bills
law, the general subject treat
therein should have fuller consid-
and discussion hv +he nrbI;o