Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-10-03

Fisher: Wailuku. That ligitation.
we were told the other day, had teen
settled by you. Now there has also
been an exchange made of certain
property to the plantation located in
the town for certain property OF the
government outside of the town. The
statement was made there tnac the
two matters had nothing to do with
each other. Was that correct?
Lindsay: l have never heard yell or
that exchange until yesterday.
Fisher: 1t had nothing to do with
the other?
Lindsay: Absolutely nothing.
Fisher: | wish you would tell us
what the situation was with regard
10 this litigation there why you
settled it and
Lindsay: When I came into Of
flee, / found that there had been an
injunction-a bill for injunction
brought by the Wailuku Sugar Com
pany against the Territory and the
County of Maui, in which it was COM
planned that We were diverting a
great deal more water than our share
from the Waikiki stream The facts
were that some years ago, the Terri
tory had bought small piece of land,
think it was about an acre and a
quarter, up in lao Valley. Of this acre
and quarter there was only three
quarters of an acre entitled to water.
When the Territory bought this they
also bought another little piece of
land from the Waikiki Plantation and
built a reservoir and laid a. pipe line
and started to take water and laid
pipes, made little water works sys-
tenn for the town of Wailuku. The
complaint went on to state that We
took a little more and a little more
until, as matter of fact, We were
taking a great deal more than We
were entitled to. About eight years
before that, that would be about 10
years now, the, pipe line had burst at
the intake and without leave of any
one we simply shifted our pipe line
over to- the plantation land, place
where we had no right. Before
came into office, there had been a
great many preliminaries, and just
the week l came into office, Mr..
of Supervisors, and Mr.. Bal, Superin.
tendent of Wailuku Water Works,
they came down and together with
Mr.. Kinney, who was representing the
Waikiki Sugar Company and Mr..
Coke, James L., an attorney-he al
that thine was County Attorney for
Mainland by the way the County
was really the party Interested in this
whole case; it was not So much the
Territory as the County of y Maui
they came down and after a lot OF
talks suggested that we compromise.
They went back to Maui and figured
up how much We really were entitled
to. In fact, all we were entitled to
was the water from that three-quar-
tiers of an acre and water to two or
three lots, like the court house lot
and the old church. lot, but there
we're a great many natives and ku-
leana holders that were entitled to
water and our claim was that we
we're taking their water but deliver
ing it to them through our pipes in
lieu of delivering it to them in the
open auwais. Anyway, with the plan
tation and Mr.. Pogue, who knows the
situation from the ground up, it was
finally agreed should say before.
this, that after the suit, (the injunc-
ticn bilD had been commenced, the
county people, Bal and Mr.. Pogue,
commenced buying or leasing from
the kuleana holders their water
rights. Well, it was agreed that the
county should turn over all these
leases and these water rights to the
Wailuku Sugar Company. We would
give the Winluku Sugar Company a.
lease of that little kuleana in lao
Valley and that thereafter for 25I
years we were to be allowed to take
$4,000 gallons of water every "a
hours, which as Mr.. Pogue informed
me would be more than wanted for d
long time. He considered it a very
splendid compromise-and Mr.. Kin
ley, he didn't mind our getting Il
good, generous share of the water;
lis fear was that if he did not bring
that suit, that by adverse possession
we would have gained that water.
Besides that $4,000 gallons of water
we also made a list of all those who
were entitled to water and who had
previously been taking it through
open bitches, and the Wailuku Sugar
Company agreed to give us all Of
their water, which we would deliver
to them through pipes. Then, if it
should be necessary any time within
the next twenty-five years, if more
water should be necessary, the agree
ment allows us to buy all the water
we want up to 100000 gallons a
day, at the rate of ten dollars mil
lion gallons. Considering that we
sell water at seven dollars thousand
gallons, that would be pretty good
bargain, and the case was settled.
Fisher: Now, Governor, there was
some land up there that was eX-
changed for this land in the town
what land was that, with reference to
this three-Quarters of an acre - the
kuleana which the attorney general
has referred to?
Governor: | have no recollection