Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-09-30
FISHER HEARING
Continued from Page -

General be summoned before the Gov
ernor was called to the chair. Lind
say was asked concerning the injunc'
ton suit brought by the Waikiki Sug.
ar Co. against the Territory, which
was disposed of since he came into
office. He stated that the transfer OF
the lands outside Wailuku for a tract
inside the city limits had nothing to
do with the dismissal of the injunc-
ton suit The latter was based on
the fact that the Territory was using
| water from a source on the planta-
| TONS land, and was taking far more
than il really was entitled to. The
governments claim in this litigation
was that it was taking the water
which belonged to natives who had
some interest in the lands.
He explained the final settlement Of
the litigation, compromise resulting
in obtaining a guaranty Of some q
100000 gallons of water daily, which
was considered a remarkably good
J bargain for the Territory.
Governor Frear, in answer to the
Secretary's question, said that the
transfer of lands between the Wal
luku Sugar Co. and the county of
Maui, referred to in the Waikiki hear
ing, affected lands not connected
physically with the water sources in
volved in the litigation.
Attorney c. r. Hemenway, who was
attorney general during the Japanese
strike, was questioned concerning that
affair He was asked about the
breaking open of safes to obtain doc
uments, and stated that Attorneys
Kinney and Prosser, who were said
to be mixed in this affair, were not
representing the attorney generals Of
flee.
While he was at the head of the
general prosecution, he did not know
of cases wherein men were continual
ly arrested without warrant, and, af-
ter being released, rearrested.
Governor @Frear volunteered the
statement that in at least one in
stance the owner of the safe accom-
panied the officer when it was broken
open. He was on the Island of Ha
waii, and that on his return he in,
structed the high sheriff to not take
such radical steps until he had been
authorized by the Attorney General
on the Governor.
Governor Frear and Attorney Hem
enway admitted that the evidence so
obtained was used in the courts later
by the government. The Secretary
and Ashford engaged in argument as
to the ethics of such procedure, the
former desiring to know what differ
ence it made how the evidence was
obtained-as long as it was present,
why should it not be used?
The Labor Gases" Up.
Ashford questioned Lindsay closely
concerning the arrests of witnesses
during the labor raids. Of 1911. Lind
say said he hesitated in getting out
the warrant for the arrest of the lab
orers leaving on the Korea, but that
he finally decided the statutes COM
PEELED him to do so. He said; in an
swer to a question by Ashford, that
he presumed the warrants were is
sued at the instance of the sugar
planters.
Lindsay asserted vigorously that
the Governor knew nothing about the
matter. In matters of that kind i
never consult the Governor" he said.
The discussion drifted from labor
to lands then, : IT.. --~..
Speaking q the Kioloku land con-
troversy, Lindsay said if there was
any blame to be attached to anybody
for the failure to eject the Hutchin-
son plantation people, the blame rests
upon his own shoulders, not upon the