The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1910-04-08
JUDGE PARSONS
TO Be QU|zzED
Why Has Decision in Important
Land Case Never Been
Rendered.
PENDING FOR FOUR YEARS
Ruling in Pepeekeo Sugar Co.
Boundary Matter Long
Held Up.
PENDING FOR FOUR YEARS


by Judge Parsons in the matter of the
Pepeekeo Sugar Company boundary
controversy with the Territory
Why has an important case, involv-
ing about $4,000, prepared and carried
up to the point of judicial decision,
been allowed to slumber for more than
four yearsi
Why has the disputed land, worth
many thousands of dollars and which
is claimed by the Territory, been al.
lowed for more than four years to re-
main in the hands of the plantation
without any Judicial decision to the
effect-that it belongs to the planta.
toni
These are some pertinent and i'm
portant questions which are to be put
| to Circuit Judge Parsons of the fourth
| judicial circuit by the attorney-gen-
eral department. And the department
will demand an immediate and une-
quivocal answer.
Furthermore, the department will de.
mand of Judge Parsons that he render
| decision in the case at once. If he
| neglects or refuses to do so, the attor-
ney-general's department will ask the
| SO.
And if Judge Parsons renders deci-
sion which is adverse to the Territory,
the attorney general department will
| Immediately carry the matter to the
supreme court and ask that judicial
| body to reverse the decision right off
the bat.
1t may be that Judge Parsons can
explain to the satisfaction of the at
torney general IS department why he has
been so dilatory in rendering decision
| on so important matter. He will be
| given chance to do so. But if the
explanation is not satisfactory, graver
steps will be taken by the territorial
| lawyers.
Deputy Attorney General Lymer stat
ed yesterday afternoon that he only
just short time ago, by going through
some of the old papers in the depart
ment, discovered that no decision had
ever been rendered in the important
Pepeekeo case, although, as the papers
in the case showed, the matter had been
carried up to the point Of judicial
| decision.
| Several years ago dispute arose
as to the boundary line between the
land of the Pepeekeo plantation and
public lands belonging to the Territory.
The matter was adjudicated by the
boundary commission, of which Judge
Parsons, was then a member. The deei-
sion of the commission was in favor
of the sugar company, which by that
decision acquired land worth about
$4,000 which the Territory had claim
ed as its own.
There the matter rested until 1906,
when e. G. Peters was encouragement
and Fred Milverton was his deputy.
Milverton in going over the records in
the case became convinced that the
| surveys upon-which the decision of the
boundary commission was based were
crooked, and he had the case reopened
But just after it was submitted, Pc
ters resigned as encouragement and
Milverton also resigned and left the
Territory. Apparently nobody else fol.
lowed the case. Certainly, according
to Deputy Acknowledgement Lymer, nc
decision was ever rendered by Judge
Parsons, before whom the case was
| tried-the same Parsons who was q
member of the boundary commission
that awarded the lands to the sugar
company.
Mr.. Lymer stated yesterday that
no would write to Judge Parsons at
once for an explanation of why there
had been no decision, and would de.
mand an immediate decision. In the
event of decision being rendered and
being unfavorable to the Territory, Mr.
Lymer said that he would ask the SUI
preme court to reverse it without fur.
Their proceedings. He would base this
motion on the case submitted by Mr.
Milverton. In case, however, the deci-
sion is favorable to the Territoy, it is
not probable that anything can or will
| be done.
But during the interim since the case
was tried the sugar company has had
possession of the lands and has been
using them. The attorney.general's de-
partment, according to Mr.. Lymer, will
bring suit for a sum not less than
$4,000, which will include the value
of the land and the profits that have
been made off it while it has been
held, illegally in tho opinion of Mr..
Lymer, by the plantation.
Naval Augmentation Bill.