The Hawaiian gazette., 1915-08-13

Negligence of some of the employees
of the Inter-Island Steam Navigation
Company was held responsible by the
public utilities commission yesterday
Tor the double downing at Lahaina
Landing Maui, May !, of Chow Soy and
s, Ushi Kuwaye, deck passengers on
the Kilauea. .-s ~ :, ..#.
As originally handed down, the find.
irgs included letter from Joseph Z.
Sheedy, general superintendent Of the
litter Island, submitted in the form Of
an affidavit, and the reply thereto of
Chairman Charles r. Forbes of the
commits ion. #E.
On the advice of Arthur @. Smith,
first deputy attorney general, this cor,
rospondence was discovered from the
findings and made part Of the record.
8 irfted Argument He'd
Mr.. Sheady walked into the board
ron while the correspondence was un-
der discussion and asked to be allowed
70 rHply in detail to the points made
in Chairman Forbes letter. Although
the commission already had arrived at
q decision, which II announced could
not be altered by anything Mr.. Sheedy
night have to say, he was given per
ryission TO put into the record any fur.
tbeT contention or facts he might wish
10 hiring forward, and there resulted a
q spirited argument rs to the jurisdiction
of the commission. ''.
"fhis commission, said Chairman
Forbes with some heat, "is not going
to interfere in any way with the fed.
cral statutes governing the operation
of ships at sea. - 7tf.3'.
.fOf COURSE" retorted Mr.. Sheedy,
81 don I think you can" @s.}
Gould Have Avoided Accident ~,
The findings Of the commission fol.
low; - 1|sH.
."lIaving reviewed all the evidences,
we are satisfied in our own minds that
the accident cOnld have been avoided
had the boat been on its proper course,
and under control of deck officer.
The evidence bears out the fact that
the weather on this occasion was not
unusual; that no danger signals were
displayed; that no precautionary in
structiOns were given to the boat 8
crew; that the boat was steered to the
reef, and on the boat .steerer becoming
aware of the fact, that he turned the
boat 70 get on the right course, and in
so doing was capsized at the edge Of
the rect, ,ome 80 yards west of the
Lahaina wharf, reason for the said cap
sizing given as being the breaking Of
a steering oar.
Grew Deserts Capsized Boat
"The crew, with the exception of the
boat steerer, deserted the capsized boat
vii out rendering all possible assist.
ance to the passengers; that the boat
streTeT was warned that he was on the
wrong course by a passenger who was
thoroughly familiar with the Lahaina
waters, However, the boat steerer de,
Qi"s having heard this.
" In the main, the evidePce given by
Persons examined by the public utilities
commission cOrrObOrates the evidence
given at the coroner 3 inquest held at
Lahaina, Maui, on May 6, 1915. e..
Deaths Due To Negligence
From the evidence taken at the
coroner = inquest, dated May 6, 1915,
a. d at the hearing held by the public
utilities commission of Hawaii on May
<, ard on July 10 and 10, 1915, we are
satisfied that the loss Of life ON the
occasion of said accident on the first
dav Of May, A. d. 1915, thereat in
CURED into, was due to the negligence
OF sumo Of the employees of the Intef.
Island Steam Navigation CompaI y,
Ltd, to wit: the boat-steerer and the
crew Of the boat which was capsiEed,
avid this commission concurs IN the
f"dings Of the eoroner's jury haahrI
down ON the sixth day Of May, 1918, at
LHhsina, Maui " y
MT Sheedy Takes a Hand
Superintendent Sheedy walked into
tlr board room just as the commission
e. w"re taking up his correspondence
VITA chairman Forbes. '.."
~ ct me say offered Mr. sheedy
"'h"t when ! attended earlier hearings
Of 'his rommi sion on this matter,I Of,
terCd to supply any facts that were Ge.
sired and TO correct some OF the mis-
statements that wSIe made in tGsti
nony. acting with tn" understand ding
thai what the commission desired wqs
thC "hortost cut to .he truth. regardless
OF 're formal rul.s Of eNidenee
.'T was tOli that the commission
,dn't wap' any facts from me at that
tine, hut that it would consider a gen