The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-10-09
ANSWER IN THE
WA|LUKU CASE
,rrom wednesdays Advertiser,

Marston Campbell and Superintendent
of the Wailuku Waterworks, w. e. |
Bal, in the suit of the Wailuku Sugar
Company against these two and the
Territory, to enjoin the use of water
from the Wailuku and lao valley
streams by the Wailuku Waterworks
The answers admit much of the un-
controverted matter contained in the
bill, but they deny the charge of en-
eroachment on the water rights of the
plantation, but insist that the intake
pipe now is of exactly the same size
as il was at the time the waterworks
were first established, and that every
thing that has been done by the water
works has been done with the full
knowledge of the plantation people and
without any protest on their part until
lately. In Superintendent Campbell g
answer the following is alleged:
"And this defendant says that said
wailuku and Kahului Waterworks
was erected and is maintained solely
for the purpose of distributing water
to owners of land and persons living
within the ahupuaa of Wailuku; that
said Wailuku stream OF river and all
streams of water in said lao valley and
the water therein running, except such
as is now running in watercourses
which individuals have made for their
own use, is free to all owners of land
and people in said ahupuaa of Wal
luku.'
The answer closes with denial that
the sugar company has been injured,
but alleges that it has reaped substan-
tial benefits from the WailuSu water
works because since its establishment
many bitches which led water to land
having a right to the water have been
closed up and abandoned so that not
so much water is diverted from the
stream as was formerly the case and
hence the plantation has more than it
formerly had.
A Cane Contract Suit.
G. Imo has brought suit in the Cir
cult Court against the Hutchinson Su-
gar Plantation Company for $4,000
damages. In his petition he sets out
that he and his partner who has since
assigned his interest to him, made
contract for the cultivation of seven
teen acres and half of cane land the
plantation. however, was to cut, trans
port and grind the cane. II is alleged
that the cane was ready to be cut and
ground in February of which fact the
plantation had notice, but instead OF
cutting and grinding it then it was
not cut and ground until November by
winch time II had oeen raVageu ny .ns
rats and had otherwise so deteriorated
as to be practically worthless. When
the company finally did cut and grind
the cane, it is alleged, that it failed
and has ever since refused to make an
accounting to the plaintiff.
betore ouose nopihsoh'
Andrew 1ee, the Korean VINO our,
glarized James Il. Taylor $ mouse
short time ago, PLEADED guli.y oeIore
Judge Robinson yesterday and was sen
teneed to year S imprisonment. ne
stole about $1O worth OF properly most
of which, including eollee'ioh oi ma
waiian coins, was recovered.
The appeal OF Lucia from a SZ9 me
IN the district court was ulslilsseu' So
was the appeal OF >; faulo or, VINO
was also fined by Judge Andrade.
Ihe case Oh Davlu neyes aI;oo omaiSoo
~ ~tn E"thns vaIontin was continued
tlom - ,oa1,s
paI podr;cros who orca achieved
fome hv robbinp General Miles when
:, Uonolu1r was fonnd
a";i.,r of assanlt Inv inrv and was
a.cn,od s 70 6ne of S5o and SIS
49, ~, 1n5,a Poh;nson
'o''' ~ g.,
the oon.ehpU oa'0'
John Kapele, through his attorney
C. II. Mcbride, yesterday waiVed an
formalities and appeared to answer the
charge of contempt of court before
Judge Dole. The testimony OF uniteu