The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-03-01

Arthur C. Alexander, commissioner
in the partition suit of May K. Brown
", II. Holmes and others, relating to
the land of Makaha, Waianae, Oahu,
has rendered detailed report. After
discussing the land, the fishery, the
water and the appurtenances, Mr.. AL
exander says:
so far I have avoided the latent
resources of the land. One riding over
it is struck by it's undeveloped pos
sibilities, such as the increase and the
conservation of the water supply, the
raising of dry land crops like sisal and
cocoanuts ON the lower flats, the uti-
lization of the elevation of the stream
for the development of power, and the
possible quarrying of sandstone and
other stone for building purposes. A
partition of the land would undoubt-
eddy be prejudicia1 to the best and
greatest development of these latent
resources, and by no scheme of par
tition would it be possible to make an
equitable distribution of them.''
This summary and conclusion are as
follows:
Physical features alone considered,
I believe that an equitable partition
of the property included in the lease
hold could be made on the basis of it's
present condition without prejudice to
the parties at interest; provided that
the improvements on the land were
excepted from such partition by mu-
tuaI agreement and some central au-
thority were constituted for the con-
troll and distribution of the water sup
ply. Unless the improvements on the
land are excepted and some satisfac4
tory arrangement is made for the mu-
tual control of the water supply, an
equitable partition Of the property is
not feasible.
The question as to whether any
subdivision requiring considerable ex-
penditure for surveying and fencing is
justifiable under the uncertain tenure
of the parties at interest, 1 leave for
your Honor to decide"
FEDERAL BUILDING SITE.
In the Territorys condemnation suit,
Superintendent Campbell Y. Mahuka
and others, for land needed in the ex-
tension of Bishop street, H. E. Cooper,
attorney for J. F. Hackfeld. trustee,
Heinrich Wilhelm Ehlers and Paul j.
F. Ehlers, has filed a motion that the
trial of the cause, SO far as these de-
PENDANTS are concerned, may be set for
a day certain. This action is an es-
sential part of the proceedings to es-
tablish the Mahuka site for the pro-
posed Federal building.
PLEADS WRITTEN CONTRACT.
Julia H. Along, by her attorneys,
Holmes & Stanley and c. H Olson, de-
| murs to the petition of Abram Henry
Along in which he claims $4,000 on
| a promise. She says the only legal
contract shown in the petition is the
| agreement of compromise in the orig
| inal Along suit, which does not appear
| to contain the promise alleged in the
| petition.
| THE LUCWEIKO CASE.
An introductory appeal has been
taken by Auditor j. H. Fisher from the
order of Judge Lindsay overruling his
| demurrer to the complaint of T. NJ.
| Harrison, claiming a lien on the es-
| tate of the late Frank Lucweiko and
praying for an injunction against pay
ment of the estates claim of $500
against the Territory until complain
ants claim is paid.
MUST SHOW CAUSE.
/ Judge Lindsay denied a motion to
dismiss the citation to VIM. l. Whit
ney. administrator of Ali, to show
cause why he should not be adjudged
in contempt Of court for failure to pay
Siveria & Co. $S7090 as ordered by the
late Judge Gear.
CLAIM AGAINST ESTATE.
In the suit of James Ontai against