The Hawaiian gazette., 1916-04-11
Judge Matthewman Acting As.
Commissioner, Has Decided I'm
portant Waimea Controversy
EXPERT AGEE IS HANDED
|. Il ROAST FOR UNFAIRNESS
Arthur G. Smith and Judge Perry
Victorious In Hard-Fought
Legal Battle

Copies Of Circuit Judge Matthew.
mans opinion settling the controversy
relating to the waters Of the NaikO.
lea plateau in South Kohala Hawaii.
In the case of Alfred w. Carter trus.
tee for the Parker Ranch, against the
Territory Of Hawaii aud others, in
which Judge Matthewman sat as com.
missioner, were received in Honolulu
yesterday.
The water dispute, which was an i'm
portant one, was heard during q period
of several months in Waimea, Hawaii,
end Honolulu. The ease was fought
throughout with much energy and hun.
dreds of witnesses were heard. The
Territory wins out under Judge Mat
thewmnn 5 opinion. Lindsay and Ly-
r1er represented Mr. Carter, the petit
tionertrustee, while Deputy Attorney
: General Arthur G.. Smith and Judge An.
, tonic Perry represented the Territory
and other respondents. Judge Perry,
/ however, conducted most of the case
for the government, as Mr.. Smith was
compelled long before the end of the
hearing to devote his time to his work
here in the attorney general office.
Opinion Is Lengthy
The opinion covers eighteen pages OF
| typewriter matter and was signed by
Judge Matthewman at his home in Ku-
Euiohiwai, North KOna, Hawaii, on
| April 9, as OF April 3.
The commissioner can only adiudi.
cate old established rights" Judge
Matthewman says in one part of his
opinion. "He cannot make new ones,
even by way of equitable substitution.
The law on this point is beyond ques-
ton, as pointed out in the Territory s
brief ~
Judge Matthewman compared the
frank and open testimony given by
many of the old Hawaiians called as
witnesses with the lack of such frank.
ness and fairness on the part of others,
In one place, speaking of the present
| flow of water in the WaikolOa stream,
Judges MatthewmaR says:
elm the light Of this treatment. OF
the present stream flow, the claims OF
counsel for tho petitioner for the land
Of Lihue are fantastic, particularly
with reference to the expert Agee.
Expert Agee Roasted
"The latter manifested such a lack
J OF lfunkntSSh anu IhlTltSb IlluL MS cNl'
dence cannot be relied upon. Such a
finding is here made without hesitaney
and probably is not unexpected by the
petitioner, in view of the difficulties
which coppsel on both sides, as well ne
the court. experienced in the proceed
ings in Honolulu. ....."
In finding in favor of the Territory
and the other respondents in the case
Judge Matthewman says. in the con
Guiding paragraphs of the opinion:
Pursuant to the views above ex
pressed, il is hereby decreed that, as
the waters of Waikoloa stream belong
to the government, Subject only to an
Gent water rights incident to particu
lar lands Of private parties, and, al
the ancient water rights so claimed
have not been established, all the
waters of this stream are the property
of the Territory of Hawaii, impressed
only with the obligation Of supplying
the people resident on the ahupuaa OF
Waimea with water for household pur
lOses.
1.-THE costs of this proceeding arr
taxed against the petitioner.