The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-03-13
KEP0|KAI IS ON
WINNING END
lcontinued from Page onel

ence of one of the allied corp ration
of Maui, connected with int. est
representing the greater part of al
the wealth of Maui In support o
this most serious charge he Case h 4:
filed his own affidavit in which are
set forth certain hearsay statements
represented to have been told him by
another. which 1 have reason to be
liese were not in fact m de 10 him
and that he has misouoted and dis
torted the statements actually made
The affidavit of Mr. W. T. Robinson
has also been fled. showing his opin-
ion as assessor Of the value Of the
Fishery
Mr.. Case has charged, spec fically,
that 1 have heretofore been a tenant
Of the Hawaiian Commercial & Sugar
Company of the Fishery referred II
in his afidavit, under a lease for a
rental of $500 per annum, an latterly
a tenant of the same property from
the Kahului Railroad Company, at the
will OF the lessor. at a rental of $500
per annum, while the property s.
leased to me is in fact producing an
income for me Of from $500 to $1,000
year.
In general terms, deny absolute Y
all charges, imputations and irsinua-
tions of every kind TO the { fleet that
in the administration of my Office as
Circuit Judge of the Second Judicial
Circuit, have ever permitted myself
to become ject to any influence,
person or persons or interests what
ever, touching my office or. duties. as
Judge, either directly or Indirectly;
and 1 deny absolutely that any person
or persons whomsoever or any corpor-
alton or other interest has ever at
tempted to obtain or exercise any such
influence over me, or curry favor with
me, in any manner whatsoever. 1 par
ticularly deny as absolutely false and
unfounded and unjust the specific
charge preferred aga nst me by Mr..
Case as before stated.
81 have long been informed with re-
spect to the fishing right appurtenant
to the beach at Kahului, known as
the 'Kalua fishery of Kahului.' My
father had a lease of the same from
Kekuanaoa, before E. H. Bailey had
this fishery. On the death of my
father Mr.. Bailey bought from the es-
tate the remainder of the term. Upon
its expiration he leased it from s. K
Kaai, representa- Princess Ruth Ke-
elikolani. Sam Parker and his wife
acquired the Iii of Kalua in the Anu
puaa of Waikiki, and afterwards sol
the Ills of Kalu' and Owa to the Ha-
waiian Commercial & Sugar Company,
at which time l understand that E. H.
Bailey held a lease o. this Kalua fish
Fishery at Kahului, which lease wa
for fifteen years to end On Ju'v 16
1907. think the rental was $500 per
annum. Before the Parkers sold out
to the Hawaiian Commercial & Sugar
Mr.. Bailey had sold out his
interest to A. F. Hopke, and Hope
had given it UP and one away. Ny
first personal connection with the mat
ter of the Fishery was when 1 acted
as attorney for the Hawaiian Com
nercial & Sugar Company, in the lat
Ter part of the year 1899, when 1 was
instructed by Mr.. w. ]. Lowrie to see
about collecting some back rent. 1
saw Mr.. Bailey, but he had given il
ID, and 1 found that the several per-
sons who has been interested after
1opke sold out preferred to sive up
he lease and turn over the buildings,
'anoes, nets, ETC., in settlement of the
unpaid rent. This was accepted by
he Hawaiian Commercial & Sugar
HnnnnanV nd g l.
transferring the property. The Ha-
vaiian Commercial & Sugar Company /
hen undertook to run the Fishery in /
IS own interest, and 1 was given re /
management of it for them. l con- /
inued to act as such until some time
n October, 1903, when l offered the
ompany a rental of $500 per year for /
lease of the 'Fi-hery' to me. They 4
greed to this and 1 took it over for |
he balance of the old Bailey lease.
'hich was to expire on July IS. 1907.
operated the Fishery under an agree
lent with the natives who did the
shing, by which they were to have
alf of the fish taken, or half of the
roceeds of sales of the fish. They
-ere not to share in the expenses.
At that time, October, 1903, | was
treasurer of the Territory of Hawaii,
nd had been living in Honolulu as
UGH since December, 1902, and so
until April, 1904, when I was
ppointed Second Circuit Judge. Then
returned to Waikiki to live.
THE first year of my lease. in 1904.
he fishing was very successful, and
he receipts amounted to approximate
Y $500, of which $3.50 came to me
s my half. Against this I had to
barge a heavy expense account for
lew materials, nets, canoes, repairing
f canoes and houses. and painting,
mounting in all to s16O9.O9, leaving a
let profit to me for the year of $3.50
After 1904 several causes united to
ut down the receipts of the business.
nd in the remaining years to show
Dss. I went under large expense to
improve a considerable portion of the
each around the Fishery buildings.
nd fenced in a much larger tract than
vas included in my lease, but with
he consent of the company, as
rished to plant grass ard cocoanut
rees. In 1905 ran the business at =
ct loss to me Of $40 for the year.
n 1906 dredging was begun in the
arbor. which greatly Injured the fish