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Kawaihae 2 Ahupuaa, District of South Kohala, Island of Hawaii, Boundary Commission, Hawaii, Volume A, pp. 453
To Honorable R.A. Lyman, Boundary Commissioner, Island of Hawaii
May it please your Honor to set a day for the hearing and deciding of the Boundaries of the following lands belonging to Her Highness, Emma Leleolani, Queen Dowager, viz.
Kawaihae, Hikina in South Kohala
Waiaka 1st (Ili of Waimea), South Kohala
Waiaha 2, North Kona
Pahoehoe, North Kona
Konawahi, North Kona
Kahului, North Kona
Kalama, South Kona
Kamoamoa, Puna
Kuikuihala, Puna
Waikahekahe 2d, Puna
Kaupo, South Kohala
And your petitioner as in duty bound will ever pray, &c.
J.O. Dominis, Agent for said lands for E.G. Hitchcock, his attorney
Hilo, Hawaii, August 2d, 1873
H.A. Widemann, Agent for Mrs. Naaea, E.G. Hitchcock, his [her] attorney
Kawaihae 2 Ahupuaa, District of South Kohala, Island of Hawaii, Boundary Commission, Hawaii, Volume B, pp. 73-77
The Ahupuaa of Kawaihae 2d, District of South Kohala, Island of Hawaii, 3d Judicial Circuit
On this, the 15th day of November A.D. 1873 the Commission of Boundaries for the Island of Hawaii, 3d Judicial Circuit, on the application of J.O. Dominis, acting for Her Majesty, Queen Emma, for the settlement of the boundaries of Kawaihae 2nd, situated in the District of South Kohala, Hawaii, met at the Court House in Waimea, south Kohala for the hearing of witnesses. Notice served by publication in the Hawaiian Gazette of [left blank] and Kuokoa of [left blank] 1873 of the settlement of the boundaries of lands in Hamakua and Kohala, at the Court House in Waimea, South Kohala on the 14th instant, and continued till the 15th instant. Due notice personally served on owners or agents of adjoining lands as far as known.
Present: G.W.D. Halemanu on the part of applicant, and Crown Commissioner
For Petition see Folio 453, Book A.
Testimony
Kahiahikela, kane, sworn, I was born at Kawaihae uka two years before the building of Kiholo. I have always lived there, and know all the boundaries.
Kuhelani, my Father, and his brother, bird catchers, when they were growing old, showed me the boundaries, as was the custom in olden times. I also went with them when I was young, as they were lunas under the konohiki of Kawaihae hikina.
Kawaihae is bounded makai by the sea, and has ancient fishing rights extending out to sea; bounded on the Kona side by the Ahupuaa of Waimea. In Kamehameha I time, I heard from my parents that he gave the land adjoining Kawaihae at the sea shore to Ouli; thereby making that land extend to the sea, before that time, Ouli stopped at Puuike. Davis and John Young were great favorites of Kamehameha I and he gave them the land, thereby making Ouli (Ili of Waimea) bound Kawaihae at the sea shore, instead of [page 74] the Ahupuaa. A place called Kalepemoa, a pile of stones near Waiulaula gulch is the boundary. Beginning here the boundary runs up the gulch to Paleuli, an old cultivating ground near the gulch. There the boundary runs to the left of the gulch to lawai and from thence to Puainako, where Kawaihae ceases to join Ouli, and is bounded by Napukawaiwai, an ili of Waimea. Thence along this land to Kalualepo, yellow soil on the Kawaihae side of Waihoolana, this swamp has piipiiwai and kalokaloha growing in it and is at the South East corner of Kawaihae and at the place where that land is cut off by Waipio, and Waimanu. The slope towards Kawaihae belonging to Kawaihae and the slope towards Waipio belonging to that land. No swamp belonging to Kawaihae.
(Note: this boundary has already been decided by Judge G.M. Robertson.)
The land of Puukapu does not cut Kawaihae off. It is about one and a half miles from Kalualepo to the boundary of Waipio, at a pool of water called Ulu, at the foot of the water fall, but the boundary runs along on the top of the pali above the falls, having the pali at the head of Waipio valley, the boundary runs toward Waimanu along the lands of Waipio and Waimanu, on the makai side of Waihoolana[?]; thence the boundary between Kawaihae 1st and Kawaihae 2 runs across the swamp to Napooaumihulamakaokalani, a high hill, a little toward Kawaihae of the swamp, from which you can see the corners of Kawaihae; I have seen them from there. The boundary between Waimea and Kawaihae runs on the Mana side of this hill, but a long distance from it; from this hill the boundary between Kawaihae 1st and Kawaihae 2d runs across the hill and down a ridge to Kapaliowaiu; thence along the top of said pali and down the pali into Keawewai gulch. At the foot of the waterfall; thence down the gulch to Kohala road to Keanaknaha, the pool of water below the bridge there the boundary leaves the gulch [page 75] and runs to the makai side of Lincoln´s house to the Waimea base of Olopio, a hill on Kawaihae 1st; thence the boundary turns a little way toward Kona and runs to Umelaau, where a stone crossing is built across the gulch; thence down the gulch to Makahuna; and from thence down the center of Makahuna gulch to the sea.
Cross-examined.
My knowledge has always been that Puukapu does not extend to Honokane for Kawaihae 1 and Kawaihae 2d lay between these two lands on Kohala hills. The water of Waihoolana does not flow into Waimea, but into Waipio and Waimanu.
Kiainiu, kane, sworn, I was born at Kawaihae at the time of Oku and have always lived there. Am a kamaaina of the land, know the makai boundaries, and have heard the mauka ones from old people. Piielua, my father, was a bird catcher and told me the mauka boundaries, but I never went to them with him; He used to bring down yellow soil to see, and he said that he got it from Keaewaiu; This is all that I have heard or know about the mauka part. Kauhuhu gulch is the boundary between Kawaihae 1st and Kawaihae 2d (Makahuna gulch is in the center of Kawaihae 2nd); thence up the gulch to Kenani; thence to Keawewai, the boundary runs to the head of awaawa; thence to Keanakawaha at Keawewai.
This is as far as I know the boundaries.
Cross-examined
Kalualukela, kane, recalled.
Makahuna Gulch is the boundary at seashore between Kawaihae 1st and Kawaihae 2nd; it lays between John Young´s old house and John Parker´s house, and is on the Kona side of the latter. Kauhuhu gulch is near the try works.
Kalua, kane, sworn (same witness as on Ouli), I know the place called Kalualepo; it is a hole with yellow soil; it is near the Waihoolana. Puukapu, an ili of Waimea bounds Kawaihae 2d [page 76]; Thence to Waihoolana, a gulch of standing water. This gulch runs to Waipio. I lived there one month. Thence along the gulch to Kaapeape, a place where there used to be a settlement. I do not know that the boundary line is on Kawaihae 2nd, but I do know that the land comes to Kalualepo, which is the only mauka boundary of Kawaihae that I know of.
The boundary given is the boundary of Puukapu. I know the boundary between Kawaihae and Waimea going towards shore.
Cross-examined
I know the hill called Napoeaumehulumakaokalani, but I do knot know what land it is on. It is a long way off toward Kohala.
Case continued until further notice to all interested parties.
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit
Continued Folio 390 of this book
Kawaihae 2d, District of South Kohala, Island of Hawaii, Boundary Commission, Hawaii, Volume B, pps 390-394
The Ahupuaa of Kawaihae 2d or Kawaihae Hikina, Continued from Folio 76 of this book and folio 280 of this book.
Kawaihae South Kohala, January 20th 1876
The Commission of Boundaries for the Island of Hawaii, 3d Judicial Circuit met at the house of J.P. Parker at Kawaihae, after notice personally served on the Agent of Crown Lands, and A.J. Cartwright, Agent for Her Majesty, Emma Kaleleonalani, to take further evidence as to boundaries between Kawaihae 1st and Kawaihae 2d.
S.P. Wahine appeared on part of applicant, and presented a letter dated January 11th, 1876 from Her Majesty´s Land Agent authorising him to act for him. Charles Williams of Hamakua appears for Agent of Crown Lands.
Testimony
Kaneahiku, wahine, sworn says (quite an elderly woman) I was born at Pahoa, Kohala, Hawaii. I helped carry stones at the building of Kiholo. I was married before the battle, near Keauhou in Kona in which Kekuakalani was killed. I was born the year before Kanihonui died at Oahu. I know the lands of Kawaihae. I lived here a great many years. My husband Mahi was buried in the pali of Honokoa.
I know the boundaries between Kawaihae 1st and 2d. Olohana (John Young) put us on Kawaihae 2d, and we lived at place called Ailipoa below where the church now stands. Mahi was konohiki, and I heard him telling people the boundaries.
An old heiau called Kauhuhu is the boundary at the shore between the two Kawaihae. Thence the boundary between them runs up the gulch to Olopia. Part of this place lays on Kawaihae 1st and part on Kawaihae 2d. The boundary runs up the awawa from the shore to the Kona side of hill called Kanani; Thence up to Keawewai, the boundary at that place being in the water in the gulch. I do not know very much about the boundary there, as in those days we were "noho like ma na Kawaihae elua."
From Keawewai the boundary runs up the gulch. I do not know the boundaries above there. Kamoehau is the kamaaina of the land, and knows the true boundaries.
Cross-examined
I know the boundary at shore. I have been away from here 40 or 50 years, and have forgotten the boundaries. John Young was alive when I moved away. The beach and sea on the Kona side of Kauhuhu belonged to Kawaihae Hikina. When we came from the other Kawaihae on to this place to fish, we had to give part of our fish to Olohana.
I never heard that place called Makahuna is the boundary between these two lands. I know ili called Pohakuloa. It is on this land, and the gulch is on the other side. Keawewai gulch runs makai onto Kawaihae 1st (note: witness seems quite confused, and is very reluctant to give any evidence.)
[page 391]
Kamoehau, kane, sworn says (he is quite an old man, and is the one who last witness says knows the true boundaries of the land. Was sent for by Commissioner of Boundaries, when Kaneahiku made this statement. He had not previously been summoned as a witness by either party.), I was born at Kawaihae uka, I saw the Peleleu and was old enough to cook food at that time. I live on Kawaihae 1st, Kohala, Hawaii, and have always[s] lived there. I am a kamaaina of these lands, and know the boundaries between them, from the shore to mauka end. My parents told me the boundaries. Kanaawa, my fathe ....
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.... see corner fence at Makalii, with Transit; could see cave mauka of Heiau on map.
Testimony closed 9:30 p.m.
Argued
Contestant cites: Re Pelehuun [Pelehunu?] 4 Hawaiian, 239-241.
Contested by Applicant; Rational interpretation of the testimony should be taken.
Contestant cites, Riparian Rights of Kawaihae 2.
Case rests at 9:50 p.m.
Decision
“The boundaries of the land Kawaihae 2d, are decided to be as follows. Beginning at the South angle of the land, in the mouth of the Waiulaula gulch, and run up said gulch, along the land of Ouli, Boundary Certificate No. 63, and along the land of [page 613] Waimea, Boundary Certificate No. 4, to, or as far as, the brow of Summit Hill of the Kohala range; thence along the land of Kawaihae 1st, across Summit Hill and along the ridge to Kapaliowaiu; thence along the top of said pali and down the pali into the Keawewai stream, and down the middle of said stream to the East angle of L.C. Award, No. 8513, to L. Lincoln; thence along the South east boundary of said Award to its makai corner; thence following the general course of the old Pohakuloa ditch to pile of stones on Makalii Hill; thence in a direct line to the angle in the South branch of the Makahuna gulch where it comes from the land of Kawaihae 2nd and turns makai, opposite Olopio, near Pulama; thence follow down the centre of Makahuna, South branch, to its junction with the North branch, and down the centre of Makahuna gulch to the sea; thence along the sea shore to the point of commencement.”
Frederick S. Lyman, Commissioner of Boundaries, Third and Fourth Circuit, Territory of Hawaii.
Completed Survey filed December 29, 1903
Costs paid December 31, 1903 and Certificate of Boundaries issued.
(44 folio)
Costs
To 4 days work settling boundaries $40.00; Notices - Hilo Tribune 7.00; Ku Okoa 7.00; Certificate of Boundaries 2.00; 16 folio description in ditto [Certificate] @ 50c 8.00; Recording 44 folio testimony &c @ .25c 11.00; Traveling expenses 5.00; Total $80.00
Paid by Trustees of Queen's Hospital
F.S. Lyman, Commissioner of Boundaries
Kawaihae 2 Ahupuaa, District of South Kohala, Island of Hawaii, Boundary Commission, Hawaii, Volume C, No. 4, pps. 148-151
No. 187
Certificate of Boundaries of the Land of Kawaihae 2d, District of Kohala, Island of Hawaii, Territory of Hawaii, Unites States of America
Keoni Ana, Land Commission Award No. 8515.
Commission of Boundaries, 3d Judicial Circuit, Territory of Hawaii, U.S.A. Frederick S. Lyman, Commissioner
In the Matter of the Boundaries of the land of Kawaihae 2d, District of Kohala, Island of Hawaii, Territory of Hawaii.
Judgement
An application to decide and certify the Boundaries of the Land of Kawaihae 2d, District of Kohala, Island of Hawaii, Territory of Hawaii, U.S.A., having been filed with me on the 27th day of June, 1903 by A.B. Loebenstein, Attorney for the Trustees of the Queen?s Hospital, in accordance with the provisions of an Act to facilitate the settlement of Boundaries, now therefore, having duly received and heard all the Testimony offered in reference to the said boundaries, and having endeavored otherwise to obtain all information possible to enable me to arrive at a just decision, which will more fully appear by reference to the records of this matter by me kept in Book No. 5, D, page 597,and it appearing to my satisfaction that the true, lawful and equitable boundaries are as follows, viz.:
Beginning at the South angle of this land at a boulder marked [triangle], laying in the mouth of the Waiulaula gulch, the coordinates of this point being 21941.6 feet South and 25528.5 feet west referred to the ?Puu Loa? survey station and 6346.4 feet South 329.6 feet West referred to the Survey Reference Station ?South Base,? the boundary runs by the true meridian;
1. South 82? 10? 40? East 9434.0 feet along the land of Ouli, Boundary Certificate #63, the boundary following the meanders of the South divide of the Waiulaula gulch to a [triangle with dot it in] on a large flat topped boulder just above beginning of divide, a large pyramid of stones on eminence by North bank of gulch ?Paliuli,? bearing [page 149] North 23? 23? East distant 280 feet;
2. North 60? 51? 30? East 4754.0 feet along land of Ouli, to a large pyramid of stones on hill above two small gullies called Lauwai, the coordinates being 20910.4 feet South and 12029.9 feet west referred to the Puu Loa Survey Station;
3. North 53? 50? 42? East 4662.0 feet along the land of Ouli, Certificate 63 to a + under pyramid of stones on hill called ?Puu Aina Ko,? the coordinates being 18159.9 feet South and 8265.6 feet West referred to the Puu Loa Survey Station;
4. North 65? 23? 30? East 4747.0 feet along Government Land of Waimea, Boundary Certificate #4, to a +[triangle] on boulder in Luahine gulch at foot of ridge;
5. North 45? 16? 00? East 10026.0 feet along Puukawaiwai, an ili of Waimea and covered by boundary certificate #4, the boundary following the meander of the middle of gulch to a K [over triangle] marked on boulder at upper edge of the main road crossing in gulch of the Waimea Kohala Government Road, the coordinates being 9126.0 feet South and 3172.0 feet East, referred to the Puu Loa Survey Station;
6. North 27? 40? 30? East 10260.0 feet along land of Puukawaiwai and Waimea boundary Certificate 4, the boundary following the meanders of the middle of the Luahine gulch to a K [over triangle] marked on bed rock between two small gullies that form the Luahine stream and gulch, the coordinates being 31.0 feet South and 7941.0 feet East referred to the Puu Loa Survey Station
7. North 47? 20? 30? East 2660.0 feet along land of Waimea, Certificate #4 to middle of a number of marked trees on brow of the hill called ?Eke,
8. North 47? 29? 30? East 2669.0 feet along Waimea Certificate #4, to point on East slope of Summit hill, called Kaumuo Kaleihoohie;
9. North 51? 10? 00? West 1062.0 feet along land of Kawaihae 1st to middle of a number of marked trees, on brow of Summit hill of the Kohala range, called Kaumuokaleihoohie, also Napoe-aumimakahuliokalani, the coordinates being 4236.0 feet North and 11042.0 feet East, referred to the Puu Loa Survey Station;
10. North 51? 10? 00? West 5408.0 feet along Government land of Kawaihae 1st to middle of marked trees on ridge called Kapaliowaiu also Kaulanaahu;
11. South 44? 17? 00? West 3838.0 feet along Government land of Kawaihae 1st to K [over triangle and] + [under triangle] on boulder at head of the Keawewai stream where it leaves the swamp, and at the foot of bluff called [page 150] Leinakane, the coordinates being 4881.0 feet North, and 4150.0 feet East referred to the Puu Loa Survey Station;
12. South 46? 02? 00? 5118.0 feet along the land of Kawaihae 1st, the boundary following the meanders of the middle of the Keawewai stream to a + marked on brink of the Pilihoiki falls which form the East angle of Land Commission Award 8513 to L. Lincoln;
13. South 58? 56? 15? west 899.0 feet along Land Commission Award 8513, L. Lincoln, the boundary following the middle of the Keawewai stream to a sharp angle in the same toward the North;
14. North 72? 48? 36? West 1747.0 feet along Land Commission Award 8513, L. Lincoln, to a [triangle] cut in the rock at ledge over water fall under old road crossing, the coordinates being 1380.0 feet North 1972.0 feet west referred to the Puu Loa Survey Station.
15. South 26? 07? 00? East 1147.0 feet along Land Commission Award 8513, L. Lincoln to a + at angle in stone wall;
16. South 60? 18? 00? West 1837.0 feet along Land Commission Award, L. Lincoln;
17. North 38? 05? 00? West 1470.0 feet along Land Commission Award, L. Lincoln; to [triangle] cut in stone by side of old ditch at upper edge of Waimea Kohala Government Road, the coordinates being 588.0 feet North and 3988.0 feet West referred to the Puu Loa Survey Station;
18. South 50? 32? 00? West 900.0 feet along Land Commission Award, L. Lincoln;
19. South 59? 06? 00? West 1260.0 feet along Land Commission Award, L. Lincoln;
20. South 71? 30? 00? West 809.0 feet along Land Commission Award, L. Lincoln to a [triangle with + in it] cut in the top of a large boulder by ditch and at angle of stone walls, this point marking the South angle of Land Commission Award 8513, L. Lincoln, the coordinates being 888.0 feet South and 6532.0 feet west, referred to the Puu Loa Survey Station;
21. South 60? 40? 30? West 4186.0 feet along land of Kawaihae 1st, to a large pyramid of stones on brow of hill called ?Makalii,? the coordinates being 2938.0 feet South and 10181.0 feet West referred to the Puu Loa Survey Station;
22. South 33? 47? 00? West 1810.0 feet along Kawaihae 1st down slope of Makalii hill to bend in Palihae also called Paulama ravine the same being the South fork forming Makahuna gulch [page 151]
23. South 51? 26? 00? West 16214.0 feet along Kawaihae 1st, the boundary following the middle of the said South fork to point of junction of the North and South forks of the Makahuna gulch and down middle of said gulch to large boulder in bed of sumac under bridge, the coordinates being 14551.0 feet South and 23865.0 feet West referred to the Puu Loa Survey Station and 1044.5 feet North, 1343.9 feet East referred to the Survey Reference Station South Base;
24. South 50? 01? 00? West 917.0 feet along Kawaihae 1st as before to junction of same with the gully from the South;
25. South 69? 19? 00? West 739.0 feet along Kawaihae 1st as before to the Kawaihae road, the coordinates being 194.1 feet North and 50.5 feet West referred to the Survey Reference Station, South Base.
26. North 62? 06? 00? West 241.0 feet along Kawaihae 1st as before to mouth of stream at high water mark;
27. South 18? 48? 00? west 1670.0 feet the boundary following the shore line at high water mark to a + cut in the rock by the Kawaihae ? Puako Government Road;
28. South 06? 40? 45? West 5107.0 feet the boundary following the shore line at high watermark to point of beginning.
Containing an area of 10615 acres, more or less.
As surveyed by A.B. Loebenstein, September, 1903
[margin note: compared Survey. O.K. 16 folio]
It is therefore adjudged, and I do hereby certify and decide that the boundaries of said land of Kawaihae 2d, are, and hereafter shall be as hereinbefore set forth.
Given under my hand at Hilo, Island of Hawaii, the 31st day of December 1903
Frederick S. Lyman, Commissioner of Boundaries, Third and Fourth Judicial Circuits, Territory of Hawaii
[No. 187, Kawaihae 2 Ahupuaa, District of South Kohala, Island of Hawaii, Boundary Commission, 10615 acres; 1903; North Kohala or Kohala district listed in headers, changed to South Kohala]