The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1914-06-19

was made pubiio yeetpruny in letter
dated june Q, A. W. Van valhenburg,
secretary Of the oahp Railway q Land
company informed the hoard Of deed
and agreement, the natufa and scope
Of which had been generally loet sight
q by the board. and the public.
Railroad Company 1Eae 1itle,
This letteris as,follows,As
Board Of Harbor Commissioner, Ter.
fitory Of Hawaii, Houolpln r., a.
Gentlemeni Kalihi Harbor and
Channel,'-ln, REPORTING on tho discus.
siops at your meeting Of the SECOND in.
stant relative to the communication
from the Board Of Engineers fpS Rivers
and Harbors iated washington d. e.,
May ~, 1914, coneeriiipg the, recon.
1'ondatipn Of the adistFiet engineer Of
heer that the reserved channel letween
Hspolulp harbor and the proposed Ka.
hi harbor. be, dredged NJ * depth Of
tlirty,fye fret and q width Of 40 feet,
The. Advertiser of June is;t conveys
the impression that the owners OF prop
eIty aLuttiRg on the said reserved chan
mel wonid get soinathine Tor nothing
4 the federal government carries OUT
the project. 1t WIS anageated that
the material to, be-, taken out in the
hFedging operations could be used for
iilhpg IN, low lands Belonging to own
eEs Of property in that yifinty, which
lands were considered to, have prac-
tieally no value At the present time.
L To- clear up !, any inisanprehension
which may be in, the minds of the
members Of your eammlesien, We sho I'D
he 40. call your attention. 70 the fol-
lqN1nG faets: yoaI sfirte,.r
acel Patent Issued IN, 1909
4. In thesy@n lg4a stlH, jspla and
kalp land Of .kahqphaRs tqEetAer with
the land of Kahalplna,a WAS confirmed
te William. Sunner by Land Commits
sion award No, lRa hut no patent is
sued 70 these lapds until the, year 1902,
when land, patent No ~ was issued.
~, The title 10 these. lands passed
TO ]. H. DoWsett and. John,, X. sum
hef, and from them, 10 The Dowsett
COMPANY Limited !, and the Oahu Rail.
way y band Company. lss ~,
/. 3. During Mr., Dowsett's lifetime he
collected rental from the Hawaiian gov
eminent for himself and Mr.. John X,
Sumner for the use of Quarantine Is
land, which Is a part of the land Of
Kahololpa.
A. Upon annexation of the islands,
the United States took possession OF
Quarantine Island in the belief that
1.-THE title to that land had been vested
lin. the Hawaiian government, and the
land was set apart for ITS Marine Hos
pital Service.
5. The owners Of the land Of Ka-
hololoa, The Dowsett Company and the
Oahu Railway a Land Company, then
caused q suit Of ejectment to be in
stituted in order to clear the title.
9. Local representatives of the gov
eminent and Of the land owners were
called to Washington to see If set
Element could not be reached out Of
court
Compromise Erected.
Upon the recommendation Of the sec.
rotary Ct the treasury, Of the surgeon,
general Of the Marine He spital Ser.
vice, Of the acting governor Of the Ter
ritory IT Hawaii, and Of the United
States district attorney for Hawaii, the
attorney general of the United States,
under date of May 8, 1909, instructed
the United States district attorney to
enter into q compromise on behalf Of
the federal government with The Dow.
sett Co., htd., and the Railway Com
pany, along the following general lines,
viz; NJ. ~.
(a) The Dowsett Co., Ltd, and the
Railway Company were to convey TO
the United States the portion of Ka-
halaloa lying sOntherly or to the sea
ward of an arbitrary division line,
which is the northerly boundary of the
60O.foot reserved channel now under
discussion.
/ (b) The remaining portion of Ka-
hololoa to be released by the United
States to the said grantOrs. b..
To Maintain open Waterway.
(c) IL waa also agreed "That an
open and nnobstructed passage or
waterway be forever maintained along
the south side of said division line,
ont of the portion Of said premises
to be conveyed to the United States
of width Of six hundred feet, which
shall at ali times be open to nayiga.
tipn and to be treated as a part OF the
nnvigable portion Of the Honolulu har.
Dor and along which the holders, Of
the title Of said william Summer shall
at all times have fun and unobstruet,
ed wharfage privileges. and riparian
rights as apRprtepalt to the portion
of said premises. not conveyed to the
United States. including the. right to
dredge and deepen said waterway
from time to time to such extent as
to said parties shall seem best and.
to remove amy material exeavated.
This compromise was finally effect
ed and proper conveyance were exc,
cuted and delivered before the end Of
1902.
Title Is cOnar.aDd.
Approximately $50 acres of Kaho-
loloa L. G, A. 1853, were conveyed to
the United states and the title TO ep1.
Iproximately eighty-two acres was con-
iiTmed TO- the two, corporations. This
last mentioned small area WAS only ae,
eepted in. compromise by reason of
the grant Of, full and nnobstrueted
wharfage privileges a and riparian
rights, including the right to dredge
the reserved channel TO such extent
as might seem best, and TO remove
any material excavateds aud upon the,
further copditiDns a tt
That an open aud nHobstrueted
passage or waterway be forever main
tanned along tho south sids of said