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THE GARDEN ISLAND TUESDAY, OCT. 9. 1917
4
i
1
Announcement
I am appointed as
General Agent for
The Home Insurance Co.
of Hawaii, Limited
and
Western States Life
Insurance Company.
And am now in position to id
Hiie policies for tlie fcjllowing:
Fire, Life, Health, Accident,
Marine, Surity. and N
Fidelity Bonds
Workmen's Compensation
Registered Mail- Insurance
L. B. Boreiko
Ueneral Agent for tlm Inland of
Kanai
Main office at Liliue
Branch ofltee at Kilauea, Kauai.
Telephone 57
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(Continued from page 1.)
master key of the situation, to wit
ie water, to private parties and
thus give them the whip hand over
the industries and well-being of the
ntizens of this inland for generations
o come. This is for the reason,
ostensibly, that only private parties
can develop and administer these
water-rights. But why on earth
can't an honest and efficient gov
ernment develop and administer
these rights just as successfully, as
private individuals? The Federal
government is conducting such en-
rpnses on the mainland ; enter
prises that dwarf our little prob
lems out of sight.
The water is the vital element in
the whole problem of life and iudus-
ry here, if we surrender the water
e lose the game. So. we must
hang on to the water.
The Question In Hand
And this brings us to the question
m hand, lou have seen m the
Garden Island tho notice of sale of
right of way across a portion of the
Government land of Hannpepe
whicli it is proposed to sell for an
upset price of 825 a year. The situ
ation is, we are told, that Gay and
Robinson own the Hanapcpe water
by virtue of owning the land of Ko
la on which the water takes its
rise, and that they want to conduct
it across onto their fee simple lands
of Makaweli. But we understand
that there is some question as to
whether they own this water in any
such exclusive sense that they can
entirely alienate it from the lands
adjacent to it, and transfer it away
from them.
Why to Much Hurry?
There are very competent legal
authorities that deny their monopo
listie ownership of this water. Any
way there is a debatable question ,
and until that matter is investigat
ea ana tne question settled there
should be no hurried railroading
through of some concession which
will sin render for all time the possi
ble rights of the public. If this right
of way is granted wc understand
that it will amount to a virtual re
cognition of the rights of Gay and
Robinson to this water.
Farther more it will mean, virtu
ally, to turn over to them the land
of Ilanapepe at their own figure;
it will he worthless without the
water which has given it value all
these years. .
Go Slowt Safeguard Public Rights -
Now the demand we want to
make in the interests of the pros
pective homesteader, and in the in
terest of public welfare, is that the
government should move cautiously
and slowly in the matter ol sur
rendering any possible rights of
this kind and should postpone any
final and decisive "action until com
petent investigations have boon
made and full assurance has been
given to the public that it is acting
n accordance with the best inter
ests of that public. tureat ap
plause.)
Mr. J. I. Suva citea as analogous
the experience of Queensland where
the plantations have been compel!
ed to give up coolie labor much to
their final advantage.
Mr. II. D. Wishard explained
why he had signed tho protest
against the precipitate sale of this
and other leases; it seemed to be a
gratuitous surrender of valuable
public rights. He would like to
hear from some one who knew just
what the government point of view
was and just what the actual situa
turn was.
The Homesteader no Interest in
the Matter
Mr. Claudius MacBride being call
ed upon, explained that he had gone
to the Land Olhce in the interest of
his clients and to protest against
the policy of the government in re
gard to Hanapcpe, and that Mr
Rivenburgh had declared that the
sole purpose of Gay and Robinson
was to convey their own water
across Ilanapepe into their own
lands of Makaweli. When he, the
speaker, pointed out the importance
of conserving the water in the inter
est of the homesteader, he said the
homesteader could have no right or
interest in this water; a virtual ad
mission that Gay and Robinson
owned the water.
Grant Right of Way: Admit the Claim
The President I would like to
ask Mr. MacBride whether, where
there are rights in dispute, it doe
not very seriously jeopardize those
rights by granting such a right of
way as this; to give a man facilitn
to take away what you claim, isn'
that poor practice?
Mr. MacBride Quite so. To gran
that right of wav to Gay and Rob
inson is an absolute admission tha
they own the water; you whist 1
yourself out of court the minut
voudothat. As to the fundanicn
tal question as to whether they ow
that water and to what extent they
own it, that is a complicated an
uncertain question and one that
can be settled only by actual ad
judication before the courts.
Mr. E. M. Cheat hen Why can't
n intelligent government do busi
ness with the same common sense
that an individual does? Why
can't tho government make a deal
with Gay and Robinson that will
secure from them enough water to
cultivate the Ilanapepe lands?
Wants Independent Counsel
Wr. O. W. Crowell There are
two parties in this matter and they
old opposite contentious. Gay and
vobinson claim they own the water.
The public think they don't. There
is no use talking alxnit it; that
don't do any -good. The only
thing is to take the case into 'court
and try it. And who is going to
lo that? Do you suppose these
weak kneed officials in Honolulu are
oing to fight the .case with any
heart in it? No, we must have in-
lependent counsel. To tha objec
tion that it would be irregular to
go over the head of the administra
tion in any such matter Mr. Mac
Bride declared that it would le
quite in order to secure private at
torney and sue for an injunction on
the part ot any citizen who felt
that his rights were being jeopar
dized. Farthermore Mr. MacBride
said that he had impressed on Mr.
Rivenburgh the impropriety of rush
ing these matters through without
giving Kauai a chance to be Heard
from. Oh, well." said Riven-
burg, "you'll find that they won't
agree to anything; they don't know
what they want down there."
Mr. E. W. Broadbent Has any
investigation been made by the
Land Commission Board on these
matters and if so have they made
any report? Perhaps Mr. Rice can
tell us.
Mr. C. A. Rice No, so far as I
know, no investigation has been
mado and no report.
Compromise Settlement
Mr. Brandt being called for said
that he was very unwilling to ex
press any opinion on 'matters so
very uncertain and involving such
large issues. He quite agreed with
the current conviction that it was
the duty of the government to safe
guard and protect the interests of
tho public in every legitimate way
At the same time he somewhat
questioned whether the government
were in any position to dictate
terms to Gay and Robinson. Years
ago when the development of the
Hanapcpe water was m contempla
tion there' were two alternatives
considered, one across Ilanapepe
and the other through tneir own
fee simple property. The greater
expense of the latter proposition led
to the adoption of the former, but
the latter was not prohibitive and
would no doubt still lie available
It seems to me that it would b
quite feasible to make an amicable
compromise arrangement which
would givo substantial justice to
both sides.
After some tanner discussion
that did not add materially to t.h
information the following resolution
was proposed by K. M. Cheatham
Resolution Calls tor Investigation
V hereas it is claimed by resi
dents and citizens of Kauai t lint
certain government lands near Ha
napepe have certain rights to water
in the vicinity, "whoso ownership is
now claimed by Gay and Robinson,
and whereas the same lands may
be soon thrown open for home
steading ;
It is therefore resolved by the
Kauai Chamber of Commerce that
it hereby requests the Commissioner
of Public Lands to cause to be
made a thorough investigation of
this claim, and if said investigation
warrants, to cause the Attorney Gen
eral of the Territory to bring an
action to have the question adjudi
cated. This resolution was carried
with enthusiasm with only two dis
senting voices.
Will Not Throw Open Hanapcpe Lands
Mr. Jose Gomes being called fur
said that Mr. Rivenburgh had dis
tinctly informed him that the Ha
napepe lands would not be throwi
open to homesteaders for the reasoi
that tnere was no water. tne
water all In-longed to Gay and Rob
inson,
Mr, Broadbent declared that it
was a very encouraging indication
that the citizens of Ilanapepe had
made themselves heard in protest
on this matter. That sort or thing
is the hopo of the future. Keep it
udI
Mr. O. W. Crowell called atten
tion to the fact that some of
these government remnants were
being leased in contravention of
act of legislature which made pro
vision for tha sale of them to cove
the cost of the Waimea embank
ment. .
On the sugggestion of Mr! Lyd
gate this matter was referred to a
special committee appointed by tl
chair, said committee as apjioiiit
ed consists of Messrs. Crowell, Coney
and Cox.
After the hearing of three various
petitions formulated by way of pro
test in the above matters, and yet
to be circulated and signed the
meeting adjourned.
Wed. Oct. 10, at the Tip Top
D V. .V " . i
j Katmlyn William tA
ht AND
m IMCODOQC BOBCttTX,,
s m"TriCoJ"TOF Hatred
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Twenty t.vo elegant rooms
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Proprietor
j WAIMEA HOTEL
I
Waimka, Kauai
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Breakfast
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M J
FRANK COX, Manager
THE BANK OF HAWAII,
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LIHUE BRANCH
L'ihuk, Kauai, Hawaii
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Savings Dkpaktmhnt
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Safk Dufosit Boxks fok
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Theodore Roberts
Kathlyn
"THE COST
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Saturday, October 12 -13
IN
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