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Hawaiian Commercial & Sugar Co. v. Wailuku Sugar Co.

15 Haw. 675
CourtHawaii Supreme Court
DecidedJune 2, 1904
StatusPublished
Cited by18 cases

This text of 15 Haw. 675 (Hawaiian Commercial & Sugar Co. v. Wailuku Sugar Co.) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hawaiian Commercial & Sugar Co. v. Wailuku Sugar Co., 15 Haw. 675 (haw 1904).

Opinion

OPINION OF THE COURT BY

PERRY, J.

The bill is for an injunction to restrain alleged illegal diversions of water from the Wailnkn Stream, Maui. Upon a plea in bar, interposed by the respondent, this court on appeal has decided to what extent the judgment- in Lonoaea et al. v. Wailuku S. Co. et alt., 9 Haw. 651, which judgment is binding upon the present parties, has determined the several matters now in controversy, 14 Haw. 50.

After the ruling upon the plea, the circuit judge, with the consent of the parties, appointed a commissioner and directed him to take evidence and to make findings upon certain stated issues and to report to the court the evidence so taken and the findings so made. Thé commissioner, 'after an examination of the locus in quo and the taking of evidence, a transcript of which covers 892 typewritten pages, presented a lengthy report. The circuit judge thereafter dismissed the bill, not stating, however, the reasoning upon which his conclusion was based, and neither affirming nor setting aside, expressly, any of the findings of the commissioner.

To the descriptions of the locus in quo with its dams and ditches, old and new, contained in the decision in the Lonoaea case and in that upon the plea in bar, 14 Haw. 50, may be added the general description of the Ahupuaa of Wailuku given by the commissioner (Report, p. 4), reading as follows; “The Ahu-puaa of Wailuku contains as near as may be estimated, an area [678]*678of 28000 acres, wbicb may be divided into three principal sections :

“First. An upper great valley (Iao) oval in shape, having a length of about 4 miles and greatest width of about 2 miles, and an area of about 4600 acres. The valley is almost entirely surrounded by high mountain walls, attaining at highest point an elevation of 5188 feet above sea level. The Wailuku Fiver has its source in this valley and emerges therefrom through a long narrow gorge to the lands below.
“Second. A lower section which includes the Wailuku Commons (Spreckelsville, etc.) and the lands below the Wailuku Sand Hills having an area of about 19500 acres.
“Third. A central section which includes the river bed and flat bottom lands adjacent, (constituting a lower shallow valley), from the gorge of the upper valley to the sea; including also the easy slopes between the foot of the mountains and the sand hills and extending to Waiehu on the North and to Waikapu on the South. It includes also a considerable mountain portion lying outside of the upper valley.
“Within this central section are all of the cultivated lands of the Wailuku Sugar Co. and practically all of the taro lands of Wailuku.
“Estimate of the ownership of lands in the Ahupuaa of Wai-luku, shows:
“Owned by Hawn. Com. & Sugar Co.24541.13 Acres
“Owned by Wailuku. 3080.13 “
“Owned by other parties. 377.54 “
“Total.28000.00 Acres”

A copy of the commissioner’s map, showing these three main subdivisions, here follows:

[679]

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Bluebook (online)
15 Haw. 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawaiian-commercial-sugar-co-v-wailuku-sugar-co-haw-1904.