The Hawaiian gazette., 1916-04-21
Tells
lIHyE WHAT He
WILL DO Tor II
Reciprocal Rlghts-ot-Way win
fstBs Granted II PIantation
Agrees To Do Same
WAlLUA LANDS SUBJECT TO
HOMEsTEAD ENTRY IN YEAR
Utilities Commission To Arbitrate
Differences Between Home
steaders and Railroad

ssF1 Ssti b III SI&Irr.
In letter to Rev. Hans Isenberg,
presidenty,of the Lihue Plantation com
pany, made public yesterday, Govern
or Pinkham said that the Territory
will grant the twenty -one-year right
ofsway. for the proposed railroad, ask.
ed by the plantation, but refused TO
give the company twenty one.year
right-of-way for its fumes, bitches,
and existing railway, also asked for.
The text of the letter is as follows:
''Dear Sir--Replying to your com.
Iany q Communication and proposals
under date Of April 0, 1916, and your
later verbal suggestions, permit me to
state as, follower s.lp.
wailua Lease Expires 1917
Ion October of the year 1917, the
lease, ut an annual rental of Twelve
Hundred Dollars per annum, held by
your company on the Land or Ahu.
puaa of Wailna'uka, Kauai, comprising
l7,455 acres, more or less, Of which
about 200 acres are now under eulti,
walton, expires, and, with all the i'm.
provements. of whatever nature and
water development pertaining thereto,
everts to, the Territory of Hawaii
without exception, and. all these lands
ave the Forest Reserve and necessary
excavations for the general public
good are, under the Organic Act, sub
ject to demonstrating as provided there
in, and viii be so treated by this ad-
ministration. '...,,--
't'On July first Of the year 1921, the
lease now held by your company, at an
annual rental of Eight Hundred Dol
lars, ON the lands Wailua.kai, Kauai,
and known as the Linderman lease,
comprising 2460 acres. more or less, of
which $50 acres are now in cane and
800 acres in rice, and all improve
fnents thereon win revert to the Terri.
tory of Hawaii and under the Organ.
&c Act be subject to Misunderstanding.
6tipulations By Lihue i, "#r+
! =, Your company, has In paragraph
No. 2 Of its letter of April 9th stipn-
lated. ~ |.., ,s-.T e r. 80
"You to give us a right of way for
the term of twenty-one years for our
present, railroads, bitches, fumes. etc,
situate on public lands" ~,
= Verbally you expanded the "etc. "
TO include bridges, trestles, tunnels,
roads,, etc. .,
"The above utilities are about to
become the sole property of the Ter
ritOry of Hawaii hence cannot be re-
garded or treated as, your property, ex-
tept for the brief periods to the ex-
Piration of your leases.
VIII NOT Give Control
Were this administration to enter
tain and grant your cOmpany's pro-
POsal No, 2, 1t would transfer to the
Lihue Plantation Co, Ltd, practically
the absolute control Of Wailua lands
and waters for twenty-one years unless
the government had the disposition
and means to practically duplicate
every utility and water supply you
seek to control 49,. -.
1.-THE government cannot entertain
your proposals as defined by paragraph
No, 2 as submitted. r
1.-THE government will, in the ease
of the Lihue Plantation Co, Ltd, con.
tinue the policy it has put in force in
the case of the Pioneer Mill Co., Ltd,
Maui, and elsewhere, towit:
"Where your company has fee
u
water supply and is now DESTROYS to
convey it by ditch, trestle, pipe, hume
Or tunnel over government lands to
other company owned fee simple land,
the government will, on reasonable
terms and time, grant license for the
purpose designated.
Win Grant Rights Of Way
"Wherey transportation facilities are
similarly, involved, the government
will by license grant necessary rights
of way over government lands.
1.-THE above is conditioned on the
granting by the Lihue Plantation Co.,
Ltd, TO- the Territory of Hawaii OF
similar rights of way on the fee simple
land of said company and under simi
lar conditions.
1.-THE Territorial government will
grant q license for twenty one years
for a right Of way for railroad from
the point on the boundary between the
fee simple lands the Lihue Plantation
Coz, Ltd, and the government lands
described in what Is known a. the
Lindermah lease at which the Ailroad
now, exists, over government lands as
described IN your proposals to the
South boundary. Of olohona with n
branch line to, such, a point as may be
mutually determined on the boundary
line of the .Kapaa homesteads, Series
No. 9. o..
Utilities Commission Arbitrates
'Should there be any disagreement
as to transportation or rates between
the Kappa homesteaders and the Lihue
Plantation Co, Ltd, it shall be sub.
United to the Public Utilities Commits.