The Hawaiian gazette., 1914-02-27
TOR THE
BOARDING SCHOOL
Search of Records Show Institu-
tion Has Been q squatter for
Three Generations.

(Mail Special TO The Advertiser.)
.H1Lo, February e0.--Another import
ant old land grant OF the days Of the
early missionaries has been found to
be Questionable. Tho Territory has dis.
covered that the Hilo Boarding School
has no title to the large tract Of Pono.
hawai and which Il occupies.
The land in question forms very
Important and valuable part Of the Hilo
Boarding School buildings. Its build.
lngs are located thereon, and the water
right, which is one of the most valued
assets Of the institution, is claimed to
be an appurtenant to this land. Other
parts OF the tract are located on the
land known as Punahoa, which lies
north OF the Ponohawai section, and
there is no dispute in regard to the title
TO these parts.
The Boarding School people have held
the Ponohawai lands for many years,
and have always felt sure of their right
to them, and the discovery that there
was no clear title to them was made
quito recently.
Accidental Discovery.
The matter of the defective title was
discovered while evidence was being
collected for Presentation in the dis
pute which has arisen between the Hilo
Boarding School people and those who
Hold rights under them, over the Wal
luku river water, which is being used
BY the Boarding School and the others.
Tim aaNt 'ssel,. a.
fitory granted TO l.. s. CONFESS the right
to use for power purposes the waters
of a certain portion Of the Wailplp
river, this being the franchise which
was later transferred by CONFESS to the
1ilo Traction Company.
This franchise has SINCE become in.
valid, but It is quite likely that IL win
be revived, or that another one like Ii
win be granted, IL the traction com.
pany is successful In getting congress
to revive its rapid transit franchise.
The Boarding School people had no
doubt whatever but that they had a
perfectly valid title to the Ponohawai
land, to which the ditch water appears
90 be an appurtenant, and it was with
the intention of getting their claim to
this water definitely established that
they brought an action before the com
missioner Of water rights, Judge Par.
sons, against the Territory They did
this in order that they might prevent
she. Territory from granting TO anyone
else, as II has done to CONFESS, the
water which the Boarding School says
belonged 10 IT,. II III
Each Side Located Flaw.
Attorney General Thayer during his
visit in Hilo last week told about the
natter. Both he and Attorney sutton,
Who was Of counsel for the Boarding
School people, made the discovery, in.
iependently but about simultaneously,
while they were preparing one the gov.
eminent s and the other the Boarding
Schools case for presentation before
Judge Parsons. .a, 4 ~
The documentary evidence shows that
IN the year ls4s the Privy Council re,
ceived an application from the Hilo
Boarding School people for forty acres
N the Ponohawai tract. According to
the Privy Council minutes, this applica-
ton was granted, it being decided to
make a transfer by exchange. stF
But after that nothing happened. The
decision of the Privy Council never took
the form of action. No transfer was
made. No deed was made out. There
is no record in regard to the matter,
except in the Priyy Council minutes.
Late Activity. g..
Thayer stated that accordingly the
Boarding School had no title 10 the
land. He added that this explained
the haste with which Sutton made APP
plieation for a patent to the land for
the Boarding School. .. -
The Territory claims that the water
which Is in dispute is an appurtenant
to the land of Ponohawai, while the
Boarding School people claim, says
Thayer, that 1t is an appurtenant to
the land of Punahoa, Of which the
Boarding School owns sections. As
matter Of fact, its first buildings stood
on Punahoa land, but after the action
of the Privy Council mentioned above,
the Boarding School people built their
new buildings ON Ponohawai land, to-
which they thought they had perfect
title until Short time ago when Thayerl
and Sutton made their remarkable dis
eOvery.
In Reverse Positions.
The Territory is taking advantage of
the discovery by setting up the claim
that as the Ponohawai land belongs to.
the Territory, and as the water right
claimed by the Boarding School is APP.
purtenant to the Ponohawai land, the
water right must belong to the Terri,
tory also. This has placed the Board.
ing School in the, unfortunate position
that whereas 1t began the suit setting
forth the claim to the water in perfect
good faith in the justice of its cause, 1t
has now, by a queer turn of the wheel
of fate, become obliged to face fight
for the title to its land. ....9g
As a matter of fact, it is not likely
that the matter win be as serious as it
looks on the face of it. The Territory,
II is understood, is not inclined to De.
priving the Boarding School of the use
of the land, owing to the fact that the
institution. performs a useful puBlic
function. On the other hand, the Ter.
ritory insists ON Us claim TO the water
right, and it has given the Boarding
School warning that IL It does not give
up its claim TO the water right, the
Tarritorv will nlaka. n claim IN fitla a