The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-03-27

n districts, with headquarters here.
inal fight on the legality of Senator
, Senate Will take up the considera-
sustaining the validity of the Wis
as is contended for by the attorneys
of the company. In regard to the re-
quest of the attorneys for the com
pany that any legislation having in
view the disposition of the surplus
water of this reservation should pro-
vide for the determination of the
rights of said company under said
grant by judicial procedure, as 1 am
firmly convinced that no water rights
passed to the company under said
grant, 1 am unable to recommend
any such provision. I see no reason
why the Government should take &C
ton which would tend to cloud clear
title and would, moreover, delay the
establishment of waterworks which
would insure an adequate supply of
water of this post for military pur-
poses, the necessity for action looking
to the establishment of such works
being urgent.
ut may be further added that this
case presents no ground for the con-
sideration of the claims of the COM
pany on equitable rather than legal
grounds. So far as appears from the
papers the reservoir, canals, and their
laterals had already been constructed
when the grant for a right of way
therefor was made; and no expendi-
ture appears to have been made by the
company on the faith of the construc-
ton contended for by it's attorneys
which would make the insistence by
the Government on the strict con-
struction of the grant inequitable. As
to the burden imposed on the company
by the proyiso, the company insisted
on strict construction of it's obliga
tons in this regard, i. e., that as the
proviso only required the company to
furnish the water and did not impose
on it any obligation to deliver the wa,
, ter where required for the uses speci-
fed, it was under no obligation to de-
liver the water where required for
military purposes. For this reason
as well as for the other reasons given
above, the company has not been call,
ed upon to furnish any water under
this proviso, and it is not contemplat,
ed to require any in the future"
1t is stated that since the report
of the Secretary of War, dated Janu-
airy 10, 1911, was made the Wahiawa
Water Company had modified its offer
of January 16 preceding, the proVis-
ions submitted relating to elevation,
pressure, etc, and suggesting that, If
desired, the company turn over to
the United States the full ownership
of the pipe line and reservoir for
the Post water supply, so that no
question of dual interest or control
could arise" the company further
suggesting that this plan Involves
no Interpretation of section SO of the
act of February 6, 1909, except the
execution of that statute in accord
ance with its intent, and in it's view
requiring no further legislation. On
this point the report says:
AS to this modified proposition,
do not concur in the view that it
could be carried out without further
legislation. 1t is to be observed that
the large expenditure by the COM
pany, with the approval of the Secre-
the necessary reservoir pipe lines,
etc, to deliver the water at the mil
itary post at the required pressure,
and the donation of the same to the
government, would give the company
such an equitable claim to the sur
plus water of this reservation as
would probably lead to the permanent
alienation of the same If any ar
rangament1 is to be made whereby the
proposed water system on this mill
tary reservation is to be constructed
by a private party, in consideration of
the use of the surplus water of the
reservation, the same should be au-
thorized by legislation, so that the
rights to be acquired by the private
party would be clearly defined, either
in the legislation or in any instru
ment which might be authorized
thereby.
after full consideration of all the
questions involved, and having in
view the fact that any grant by Con-
gress of the permanent right to the
surplus water of this reservation
would, on account of conflicting in
terests, cause controversies which it