The Hawaiian gazette., 1916-05-26
Action For Eiectment Against
WaiaIua Agricultural Company
Filed In Circuit Court
SAID TO BE WORTH
ABOUT MILLION DOLLARS
Trustees Claim Sugar Corpora
ton Has Failed To Cultivate
Tract As Agreed

Claiming that the waialua Agricul.
tural Company has not lived up to the
covenant contained in the lease made
10 it by the trustees of the Bernice
rauahi Bishop Estate, wherein the com,
,,any obligated itself, under pains of
forfeiture of the lease for failure to
omPly with the covenant, to cultivate
he land to its fullest productiveness
ind utmost acreage, w. o. Smith, s. NJ.
Damon, +. Faxon Bishop, A. F. Judd
and A. w. Carter, trustees under the
viii f the late Berniee Paunhi Bishop.
instituted in the circuit court shortly
before noon yesterday a suit in inject.
nent against the Waialua Agricultural
company.
The tract from which the trustees
seek to eject the company in question
the land known as KawaiIOa, neal
Waialua, this island, and which con
aims l4,GS5 acres, under lease to the
ompany. The lease has about twenty
ears more to run. The land, includ
ng the improvements thereon, il is be
icved, Is worth in the neighborhood
# :. 10000 The law firm of Holm
- & Olson represents the trustees.
Action Expected For Some Time
That such suit would likely be
brought at an early date has been
Inown for three weeks or more here.
nut it was believed latterly that the
matters in dispute between the estate
ind the company be compromised and
hat an appeal 70 the tribunals would
lot become necessary. The attempt at
compromising, if any there was made,
must have failed evidently.
The big and valuable tract of land
vas to have been cultivated in its en-
irety and to it's utmost capacity and
roductiveness by the lessee, the de-
endunt company, according to the
erms of the lease under which the Wa.
alua Agricultural Company had secur
d control Of the land, is the conten-
ion made in the complaint.
The Bishop Estate trustees claim in
heir suit that the company has not
ived up to its agreement and that a
;reat portion of the big tract of land
emains at this time uncultivated and
What is under cultivation is not cult
,ated as highly and intensely as it
Ould or should be.
lain Immediate Possession
'That the plaintiffs claim the right
# immediate possession of and title in
ee simple to the piece or parcel of
and above described by purchase; TO
Wit, by devise under the will of the
aid Bernice Pauahi Bishop" is one
f the several allegations made in the
omplaint If the bill for ejectment,
1t is also alleged by the trustees that
the defendant herein has unjustly and
Ontrary to the law and the rights of
he plaintiffs herein, entered into pos.
ession and occupancy of the said par
el of land - from which it is now
ought to eject the Waialua Agricult-
rral Company.
The present lease, which the trustees
ay the company has forfeited because
# failure to live up to its terms, has
bout twenty wears more to run. 1t Is
.Ontended by the trustees of the estate
avs one Of the attorneys representing
hem, that from the very beginning OF
he lease the Waialua Agricultural
company has neglected and failed to
.ultivate the land in the manner pro-
ided for in the lease and that certain
Inder cultivation of any kind, what
'veT, and lie unused.
Company Holds Vast Estate
The Waialua Sugar Company has I'M
Ter its control ~ 800 acres of land. OF
his acreage it owns in fee simple 40l7
Lqres, the remainder, or 1873 acres
being under lease to it, including the
KawailOa land of the Bishop Estate,
containing 1869 acres, which figures
in the present suit. OF the 37,7S3 acres
under lease to the company 1878 acres
come under the class known as "cane
land" the remainder, or 29,ol0 acres,
being considered fit only for pasturage
and other than cultivation purposes,
In concluding the prayer of the bill
for ejectment the trustees ask the court
to order the company in question to
yacate the land and allow the trustees
of the Bishop estate to regain posses
sion of il. They also ask that the costs
of the suit may be taxed against the
defendant company.
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