Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-10-02

portaRce.
! Governor: Well. not necessarily
The larger transactions. such as the
! larger leases and exchanges and sales
! for other than homestead purposes,
! might very we'll go before the board.
Fisher Thinks So.
Fisher: That is just what | think
, What you tell me is this. Here you
come to an important matter like an
irrigation ditch. You adopt the form
! of license instead of a lease, be-
cause you can grant a greater period.
| Governor: There would be no par
! ticular objection to referring those
matters to the land board. AS mat
ter of fact, generally, before making
! such a license, of course, consult
| good many people and get different
views.
Fisher: | know, but that is a volun
| tary matter of administration. Here
! is your land board composed of men
of the community and you give them
authority to pass upon a lease-and
you come to a case where you want
to give longer time than lease,
then they do not have right to pass
on that, but they merely pass on it as
matter of convenience or courtesy
on the part of the Governor. 1t seems
| to be that it is an unfortunate prac-
! tiSe.
Governor: 1t may be that the law
could be changed. l don't know wheth-
err the land board would care to have
those things brought before it. AS a
matter of fact, the land commission
er did make it practise at first
of bringing before the land board a
great many matters over which they
had no jurisdiction. They did pass
upon this water license that | spoke of.
Ashford: Might | ask question.
| You mentioned another reason, Gov
ernor, or rather another feature of
! licenses besides a longer term than a
lease may run - they may be sold or
given without being put up at auc-
ton. Did you consider that an ad-
1 vantage to the public.
| Governor: | think generally Ii
censes should be put up at auction,
and that has been done in most cases.
There are very few exceptions.
Wants to Know Of Auctions.
Ashford: Can you cite any license
that you have put up at auction?
| Governor: Well, take this license
to which reference has just been
made - that was a license to the
Laupahoehoe Sugar Company to con-
struct flume with the provision that
it would be maintained for the benefit
OF all concerned, honiesteaders in
cluded, and that was put up at auc-
ton. " ... =, q,
Ashford: Any other?
Governor: The last was for right
of way for an irrigation ditch on
Maui. That was put up at auction.
Ashford: Any others?
| Fisher Ito Ashford): Do you know
of any license of any kind that has
not been put up at auction?
Ashford: It has come to my ears
that after the deal was eonsummated
| by which the Makee Sugar Company
| received a lease of a portion of the
Kapaa land, the other portion being
reserved for homesteads - it has
come to my ears that your commits
sioner of public lands in addition to
the fact that the water rights were re-
served almost Immediately thereafter,
granted a license to the sugar COM
pany to Use all that water Now, what
are the facts of that matter?
Facts mt Kapaa.
Governor: l think the commission
er granted a licenseFor lease of what
is called the surplus water of Kapaa,
sold at auction, and then, the commits
sioner shortly after purported to
grant to the purchaser of the license
or lease or right to use their water
when not required by the government
i<er the occupants of the other land.
That was without my knowledge, and
as soon as it came to my knowledge
he brought it up to- me for approval,
and disapproved of it and told him
that we could not allow such a thing
at all.
Ashford: Then it has not gone into
effect?
Governor: No.
Ashford: Do you know that the
Makee Sugar Company are operating
under that assumed license or not?
Governor: Not so far as | know.
Ashford: With reference to this
Waiahole water license you state that
you submitted that to the land board.
llt l. am correctly informed, you did
that under protest - and in a letter
you told the board that it must not be
considered
Governor: Certainly.
Ashford; How much money was in
volved in that deal?
Governor: The rental was to be
$4,000 a year.
Ashford: For how long.
Z Governor: Thirty years and then
reappraisement
Ashford: Was it put up at auction ?
Governor: 1t was advertised but
the sale was withdrawn. 1t will
probably be advertised again pretty
soon.
Ashford: How will you advertise
again if the license has been granted
Governor: 1t has not been granted
The terms have not been fully agreed