Boundary Commission

1903 189 Kuniakea, Albert
Certification: 189
Ahupua`a: Kukuau 1
District: Hilo
Island: Hawaii
Ownership: Kuniakea, Albert
Misc:
Year: 1903
Statistics: 52881 characters 9116 words
Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume A, No. 1, p. 234

Kukuau, District of Hilo
Waiaka, District of Kohala
Waikahekahe, District of Puna

Lahaina, August 4th 1873
Imua o ka Mea Hanohano R.A. Lyman, Ke Komisina Palena Aina no Ka Mokupuni o Hawaii

Owau no o ka mea nona ka inoa malalo iho nei ke noi aku nei au imua ou e hoomaopopoia a e hooiaioia na palena o ke Ahupuaa o Kukuau e waiho la ma Hilo ma ka Mokupuni o Hawaii, ame Waiaka ma Waimea Hawaii, ame Waikahekahe ma Puna, Hawaii; aka ke hooili pu aku nei au i ka Palapala Sila o Waiaka ame Waikahekahe a naui ke Komisina Palena Aina o ke Mokupuni o Hawaii e noonoo no ia mau aina a iloko oia Palapala Sila a`u e hooili aku nei ua lilo o Waiaka ia hoi Ahupuaa ma Kahu a a ua lilo no o Pahoehoe ma Kona ia hoi oia Ka mea hoakaka ia oe Komisina Palena Aina o Hawaii.

A nolaila e olelo oe i ka mea ana aina e ana.
Owau no, me Ka Mahalo,
(signed) P. Nahaolehua
Lima Hooponopono Waiwai o
Albert Kuniakea


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume B, pps 160-166

The Ahupuaa of Kukuau 1st, District of Hilo, Island of Hawaii, 3d Judicial Circuit

On this, the 16th day of December A.D. 1873, the Commission of Boundaries for the Island of Hawaii, 3d Judicial Circuit, met at the Court House in Hilo, Hawaii, on the application of P. Nahaolehua, Guardian of Albert Kuniakea for the settlement of Kukuau 1st, situated in the District of Hilo, Island of Hawaii.

Notice of hearing served by publication in the Hawaiian Gazette of [left blank] and Kuokoa of [left blank] 1873, and due notice personally served on owners or agents of adjoining lands, as far as known.

Present: E.G. Hitchcock for applicant and Crown Commissioner.

for Petition see Folio 234 Book A.

Testimony
Keikemahine, kane, sworn, I was born at Kau at the time of Niaukuni, moved to Hilo when a child and have resided here ever since; the boundaries of Kukuau were told me by old kamaaina. Kaainapau, my brother, was one of them. He lived on the land and was the cause of my coming here. All these kamaaina are now dead.

I have been a canoe builder.

Commencing at the Waialama river which belongs to both lands, the boundary runs to the head of the river at a place called Palaoa, on Kukuau 1st; thence to Pohakunui, at Kipi's place the boundary between Kukuau 1st and Waiakea is in a swail [swale] (what I call a kahawai) just outside of this place, thence to Waipio, a water hole on Kukuau 1st. The land is very narrow there. Thence to Wainaku, a pool of standing water where rushes are growing. The boundary line runs along side of Waipio, thence to Kahawa, belonging to Kukuau; thence to Holokoiki, an old planting place, mostly belonging to Waiakea; Kukuau taking only a small part of it; thence to Kukuinui, a kahawai with kukui [page 161] trees in and around the boundary running in the old road to Kaumuunumoa; thence on the road; thence still following the road to Kumuniu, an old cocoanut tree, thence up the road to Naiheakealahou, where there is a well of water and a graveyard; thence to Huawai, a bathing place belonging to Waiakea; from this place all the pahoehoe belongs to Waiakea; thence to Kuaiaina, the junction of two roads, one from Waiakea and one from Kukuau. Pahoehoe and the trees growing on it belong to Waiakea, and the ohia on the Hilo side belongs to Kukuau 1st. Thence to Haaipopolo, where the bush begins and where they used to catch birds. The forest all being on Kukuau 1st; thence the boundary runs to Kanekaulukaau, an old planting place in the woods, belonging to Waiakea. Palaa is the name of the adjoining planting place on Kukuau; thence to the Hilo side of Ohuliipe, a heiau belonging to Waiakea. This heiau is on a hill and from it you can see the sea. The boundary lines is some distance from this hill. It follows up a ridge that runs mauka and makai; and is the dividing line. It is where the painiu grows. Thence from the ridge to Nehuiki, where we used to get canoes eight fathoms long, very large koa and ohia grow together; thence to Kalaholona; thence to Kailihololei, where the bird catchers used to catch oo; thence to Muanui, another bird catchers place. This is as far as I know the boundaries of Kukuau 1st.
Cross-examined.

Kapu, kane, sworn, I know the boundaries between Waiakea and Kukuau 1st. I heard them from my parents. Koi, kane and Palau, wahine (both now dead), who were born on Waiakea. I was also with Webster when he surveyed Waiakea. He surveyed the line between Kukuau and Waiakea. His kamaaina were Kukelekai [page 162] and Kahaoleopuni, both from Kukuau 1st. There was no Waiakea kamaaina present to show boundaries. I do not know as any one was hunted up from Waiakea.

Kukelekai is dead, Kahaoleopuni is at Hamakua and is blind. That was the first time that I ever saw the boundaries. Commencing at a pile of stones on the Puna side of the Waialama river; thence to Hanalei fish pond, on Waiakea there is a strong wall between the fish pond and the river which is the boundary between the two lands; thence to Kumu, on the bank of the Waialama river; thence to Kalanakama, where the Government road to the volcano runs through the land; thence to Huia, on Kukuau, there is a small kahawai there belonging to Waiakea and the level land on the Hilo side belongs to Kukuau; thence to Upeeloa where Lauhala trees are growing. at this place there is a kahawai between the two lands that runs into Huia kahawai; thence to an old planting ground called Lohoiki. All the men that I have seen planting at this place belong to Kukuau; therefore I say this place belongs to Kukuau.

Thence to Kukuinui at the kahawai of Upeeloa (This land, kahawai runs down and enters into the other kahawai of Upeeloa). The gulch is the dividing line; thence to Kapuahi, a kaahumanu belonging to Waiakea; thence follow the ancient road to Kauunuunumoa, up to Kilohana, an old resting place; thence still up the old road to Kumuniu; thence up the road to Koumuumumoa, belonging to Waiakea; thence along old road to a place called Naiheakealahau, belonging to Waiakea; thence along to Kahueawai still following road; thence to Kaaipopolo, thence to a large ohia tree, marked W at the edge of the forest. This is as far as I went with Webster, and this is all that I saw at that time. I have been told the following From the edge of the forest the boundary runs to the Hilo side of Ohuliipe, a heiau, the woods are not very thick there, and the [page 163] painiu grows on a ridge close to the boundary. The boundary runs along the Hilo base of the ridge. I have always heard that from Ohuliipe, the land of Kukuau only run[s] to the aa, opposite to Nahuina, which is the junction of Kamana and Piihonua roads. I have been to Nahuina and know the place. It is on the old lava flow called Poohina; the flow of 1852 has flowed over it there. Kukuau is cut off by Kaamano and Waiakea. The ohia at this place is scrubby, being on the aa; below it is tall.
Cross-examined

Boundary Commission adjourned. Case continued to December the 17 instant.
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

Boundary Commission opened and case continued on the 17 of December A.D. 1873 according to adjournment from the 16th instant.

Kaaua, kane, sworn, I was born at Waiakea uka at the time of Akakai mokuakai. I know a part of the boundaries between Kukuau 1st and Waiakea. Kuakaahalawa and Keike, who were bird catchers and canoe makers and old settlers on the land, and who knew all the boundaries, told them to me. Commencingat the sea side on the Puna bank of the Waialama river, the boundary between Kukuau and Waiakea runs mauka to Kumu, a noted jumping off place and boiling springs at the head of the Wailama river; thence in a swail [swale] to Kalanakama, a place on the Government road to the volcano. The swail is on Waiakea; thence in the swail mauka to the Puna side of Kipi's yard; thence to the water hole of Waipio, belonging to Kukuau 1st; thence to Wainaku, a water hole where rushes are growing, belonging to Kukuau 1st; thence to Kahana, on Kukuau 1st, where there is a lauhala grove, aa and pahoehoe. [page 164] The boundary runs near to a swail, but the swail is on Waiakea. The old road to Kaumuumumoa is near the boundary and on Kukuau 1st the boundary running between the road and the awaawa.

Thence along this old road to Kalopoiki (I do not know as this place belongs to either land); thence along the old road to Kukuinui, where the kahawai runs on to Kukuau 1st and belongs entirely to that land, taking the name of Waiola gulch. Kukuinui is a grove of Kukui trees in the gulch; thence along the old road to Kapuahi, a kaahumanu (called so from its being an old bird ground); thence to Kilohano; thence to Pilenui; thence to Kumuniu, there leaving the old road to Koumuumumoa, the boundary runs up a branch road, that leads to Kahakauwila, and runs along said road to Mananui; one side of the road belonging to Waiakea and the other to Kukuau 1st.

Thence to Niaheakealahau where Waiakea takes all the road and Kukuau 1st is confined to the tall ohia; thence the boundary runs to the Hilo side of a bathing place called Kuawai; this place is on Kukuau 1st; thence to Kahuakamoa (in olden times a noted place for cock fighting); thence the boundary runs along the line of the old road (now used for drawing down wood) to Kuaiaina, where the roads from Kukuau and Waiakea join. The pahoehoe and trees on it belong to Waiakea, and the forest on the Hilo side to Kukuau 1st. Thence to Kaaipopolo, a place where popolo now grows.

Notes: Witness states that Mr. Webster marked a tree, on the opposite side from Kaaipopolo, as the true boundary between the two lands, but as he objected to that boundary Mr. Webster changed the survey to Kaiipopolo.

There is a large tree with a blaze on it at this place; thence to Ohuliipii, a hill on Waikea [sic]. I do not know of there being a heiau there in olden times; thence [page 165] to a place called Kanoa; thence to Mehuiki, an old canoe building place; thence to Kaileo, another canoe building spot where koa trees are growing. I have lived there; thence to Kalaiholona, a canoe building place; thence to Kailihelelei, a grove of koa trees; thence to Muanui, a great bird catching place; thence to Hoaa, the boundary is on a line with Hoaa, but the place itself is way inside of Waiakea. I have always been told that Kukuau ends at Piliiki. I do not know what other lands join above it. Opuloa, kane and Nahua (now dead) and Kaawa from Olaa were the kamaaina with Webster. Kahaole Opunui now living in Hamakua was a kamaaina of Kukuau 1st.
Cross-examined.

Puaa, kane, sworn, I know the boundaries of Kukuau 1st. I obtained my information from old kamaaina, and from having lived near there all my life. I always heard that the Waialama river is equally divided between Waiakea and Kukuau 1st.

Commencing at Kumu and from thence the boundary runs to Kalanakama; thence in a small swail [swale to the Puna side of Kipi's yard; thence to Upeeloa; thence to Kalopoiki; belonging to both lands; thence to Kapualii, a kaahumanu; thence along the old road to Nahoanaomua; thence to Kilohano; thence along the old road to Kumunui; thence to where the road branches off to Hakauwila's house; thence to Waiheakealahau, here the Pahoehoe belongs to Waiakea and the woods to Kukuau 1st; thence to Hueawai; thence along the old road to Kahuakamoa; thence still following the old road, to Kuaiaina; thence to Kupiinau, where it leaves Waiakea road and runs to Kaaipopolo. At this place the pahoehoe ends and the bush begins; thence to Kahamoule; thence to Umilehu; thence to Kanoa; thence to [page 166] Nehuiki; thence to Kailio; thence to Kailihelelei; thence to Muanui; thence to Lapanaia. To this point the boundary runs towards Kalaieha and the base of Mauna Loa. From this point it runs toward Hamakuka and Mauna Kea. From Lapanaia the boundary runs up to a point between Hoaa and Kaunuapakea where Kukuau 1st is cut off by the junction of Kaamana and Waiakea. This is all I know the boundaries of Kukuau 1st.
Cross-examined.
R.A. Layman

Decided to be as given in J.M. Lydgate's notes of survey. Certificate issued January 21, 1875.

No. 58 Folio 101, Liber I or No. 3
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

For costs see folio 105, Liber I.

For Certificate see No. 58, Folio 101, Liber I.

[note: in the following book the page number is added at the end of the word in this document, although in the original text it might be in the middle of a word]


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume 1, No. 3, pps 101-105

For Testimony of Kukuau 1st, See F ....

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.... larly to the case in question.

The lack of continuity and uniformity in the description of the boundary of Kukuau 1st on its West side, adjacent Kukuau 2nd have been covered by a study of the relations of Section 1 and 2 of boundary Certificate No. 52 of Kukuau 2nd which clearly shows the omission of the line along Land Commission Award No. 4239B Kanaina, as I have already indicated in my direct examination.

I could not professionally accept a point or fix a line on the boundary of this land and of Waiakea, without a previous determination from some known point, which i have done, and which conforms to the same points and lines along the sea beach, as shown on the Official Map of the town of Hilo.

I do not recognize the authority of either persons or officials, of arbitrarily settling upon lines or boundaries, which have the stamp of legal approval, except by means provided under the law.

Court adjourned until 1:30 p.m.

Commission of Boundaries met at 1:30 and waited until 2 p.m. for E.D. Baldwin to appear. At 2 p.m. E.D. Baldwin and Carl S. Smith appeared and argued for a continuance of the case for a few days.

Commissioner ruled that hearing go on as far as E.D. Baldwin could go today, and that then he would then hear arguments for and against a continuance of the case.
Cross questioning of A.B. Loebenstein continued by E.D. Baldwin.

Question: Has not Lydgate from a point a little [page 299] way above Front street, on the boundary of Waiakea, followed notes of survey of Waiakea made by William Webster to the lower edge of the woods?
Answer: It is given in the Boundary Certificate No. 58, land of Kukuau I but as an actual matter of fact, the lines of the Webster survey are from the woods to the sea beach and not from the beach to the woods.

Question: How did you fix the point above Front Street, that Lydgate took for his Initial point, and then adopted Webster"s survey?
Answer: I discarded that point, for the reason that the Webster survey did not reach that point, and for the further reason that the traditions, and kamaaina evidence from the Volcano Road to the sea beach are matters of record.

Question: Does not Webster"s survey tie the above point, the point in question to the Northwest corner of land of Piopio, survey of Piopio having been made by him?
Answer: It does.

Question: Then why did you disregard that distance, locating above mentioned point, when it had been located and recorded by William Webster, a reputable surveyor?
Answer: For the reason that the North West angle of Piopio, Certificate No. 29 is largely hypothetical and doubtful at this day. This being the same point as the one described in Certificate No. 29 of the Boundaries of Piopio, reading as follows: Commencing at the North West corner of Piopio at high water mark, opposite a stone marked PW &c. I have further, on repeated occasions followed out the boundaries of Piopio and have never been able to find or identify this particular point, nor been able to make it agree, either in bearing or distance with the point given by Webster on the line of Waiakea and Kukuau, and the point in question above Front Street. Had I adhered to the description I would have encroached and trespassed within boundaries of Waiakea, a land now [page 300] owned by the Government.

Question: Whenever you have had anything to do with Webster"s surveys, did you not find them as a general thing, consistent surveys as compared to other Magnetic surveys?

Answer: I have found them superior, if anything to contemporaneous surveys excepting where boundaries were contiguous to Marsh or tide lands; although as a matter of fact, the doubtful interpretations on his part were balanced by the careful descriptions of pints to which his surveys led., by giving the names of lands or the delimitations of his bearings and distances by natural monuments and land marks.

Question by Commissioner: Is the line given by you, running toward seashore form the east corner of kuleana, Kanaina Land Commission Award 4239B the same line as the one given in Certificate of Boundaries of the portion of Kukuau 2nd that is situated on the makai side of Front Street, and also the line given in the Royal Patent No. 5706, of Kukuau 2nd?
Answer: It is the identical line described the Certificate of Boundaries of Kukuau 2nd, Apana 1, and also in the Royal Patent of Kukuau 2nd.

Question by Commissioner: From the lower edge of woods to the extreme South angle on Boundary of Waiakea that is between Stations 50 and 51 - did you follow the course and distance given in notes of survey given in the old Certificate of Boundaries of Kukuau 1st?
[Answer:] I did, only changing from Magnetic bearings to true bearings and I run the present survey out on the ground.

Question by E.D. Baldwin: From Stations 46 to 47 or course 47- in your notes of survey of Boundary between lands of Kukuau 1st and 2nd, did you follow the course and distance given in the [page 301] Patent of Kukuau 2nd?
Answer: I followed the course but not the distance.

Question by Commissioner: Why did you not follow the distance given in the Patent of Kukuau 2nd?
Answer: For reasons that I have already explained in my direct evidence.
The description in Certificate No. 52 of Kukuau 2nd from a point a little above Government road, Volcano Road to upper mauka angle, had been run by Lydgate along North boundary of Kukuau 2nd to a point within land of Punahoa 2nd, an award by survey, and also patented by survey and its upper or mauka line within land of Punahoa 2nd to the South West angle, where Kukuau 2nd turns toward sea coast, the South boundary following along land of Kukuau 1st.

Within the woods and along Kukuau 1st the Certificate indicates two long lines to a point at the lower edge of the woods marked by a clump of Gingers, planted by Mr. Lydgate, and noted by him.

The fact that a portion of Kukuau 2nd encroached beyond what Mr. Lydgate should have considered its legal boundary, that is to say, the South boundary of Punahoa 2d, would vitiate any claim for that portion of it. There was therefore presented to the surveyor the problem of arriving if possible, at the original intent of Mr. Lydgate, at the time these surveys were executed in 1873 or 1874.

In the one case by the running the line out down from above, the land of Kukuau 2nd would have exhibited a width disproportionate with the plans filed by Mr. Lydgate, and seriously cutting into Kukuau 1st. While on the other hand to have run out the full distance of the line from the gingers at lower edge of woods up, would result in practically cutting [page 302] land of Kukuau 1st in two. The presentation of these facts was duly made to the owners of both Kukuau 1st and Kukuau 2nd and an expression of opinion furthermore obtained from Mr. C.J. Lyons, at that time assistant in charge of the government survey bureau. In response to which I obtained his opinion on the facts of the case.

While I did not consider this in may way authorative [sic], but as merely indicating the views held by them. I submitted the same to the respective owners of both lands. And the cutting off of the line from the gingers to the angle in the woods was duly authorized and endorsed by them. I would further add that a surveyor when confronted with questions of this nature, will exercise his judgement, as to when or when not to adhere rigidly to a given description which shows clearly in the face of it., that followed out, it would result in an absurd interpretation. It is for this reason that the South line of Kukuau 1st from the lower edge of the woods beginning at the gingers, was not altered from the original descriptions, and the line along Waiakea from there on, both the course and distance were modified to conform to the South boundary of Punahoa 2nd which boundary would naturally dominate. I would further say that there is no evidence on record to show that either the Kukuau 1st and second boundary, or the Kukuau 1st and Waiakea boundary were ever actually run out on the ground from the gingers through the woods. From the woods to the seashore there are monuments or piles of stones on both side of land.

Case continued until Friday, August 10th, 1900, at 10 a.m.
Rufus A. Lyman, Commissioner of Boundaries, 3rd & 4th Judicial Circuits, Island of Hawaii
[page 303]
Case reopened Friday, August 10th, 1900
Cross examination continued

What is bearing of your course #95?
North 31° 14" East 747.6 feet
What is Webster"s magnetic bearing?
North 32° 35" East 452 feet magnetic.

Does your bearing agree with Webster"s?
No.
What is the bearing and distance of your course #94?
North 03° 19" East 410.7 feet true.
What is Webster"s bearing?
North 4° 30" West 410 feet Magnetic.
Does your course agree with Webster"s?
It is the same course allowing for change in time.

What is the bearing of your course #93?
North 48° 55" East 362 feet True.
What are Webster"s bearing and distances from gully on Volcano Road to point near Kumu Spring?
There is no spring described in Webster"s survey.

What are the two next bearings and distances in Webster"s survey from gully on volcano Road?
North 36° 20" East 193 Magnetic
North 63° 50" East 257 feet
Does your course 93 agree with Webster"s?
It does not.

Does line from Kilohana along Waiakea to seashore run over any part of 80-81 flow.
It does
About what distance is line on said flow?
About 3550 feet by courses, 3100 feet air line.
Is that distance shown on your map?
It is.

Government asks for map. Map is exhibited and distances verified.

Was this mass of lava there when Webster run his courses?
I don"t think so.
[page 304]
Question by Commissioner. In going down from the fish pond wall toward the sea, did you find the old Iwi aina?
I did.
Of what did the iwi aina consist?
Of an old Kuauna of dirt capped by rock and stones and placed in a manner according to ancient custom.
About how far down?
Below the line of a fence which extends across Kukuau 1 above the line of Front Street.

Did you find above Front St. where Waialama had flowed toward Waiakea?
Yes.
Is it distinct?
Distinct to one who in my profession is accustomed to deal in land matter and monuments.

Did the Iwi Aina extend to it?
Yes, and beyond it toward the beach forming an angle of which one line is identical with original bank of Waialama, the other bank being the Kuauna which I described.

Did you examine and see if there were any other iwi ainas close to it going toward Waiakea and toward town?
There is another iwi aina going toward Waiakea but I did not consider it important enough to enter this controversy.
Where did it extend?
It extends towards Waiakea to near the end of course 94.
Is it a stony region?
It is not a stony region and the stones must have been quarried at some distance.
It is a stone of bluish gray appearance while the stone between Wailoa and Wailama is black and porous while this stone is denser and looks like the stone above Waiolama.

[page 305]
the time of construction of this Iwi aina and the purposes for which it was constructed are facts well known to old kamaainas and others.

How does your course 95 4un in reference to the Iwi aina?
Practically the same but having in view the elimination of short courses and distances for the purpose of better identification in the future, I abandoned a short distance from the lower end of the Kuauna, leaving it in Waiakea.

Did you ever test Webster"s survey form the road to the beach to see where his last course ended at the seashore?
I have. About 80 feet from the end of said line and due east from my Waiakea Kukuau line.

Did you ever test it running in an easterly direction to see if the Piopio line was the same?
I did, finding it practically coincident.

Does the boundary run through the Keliikolani house?
It does and is so shown on the official maps.

In starting from lower edge of woods on boundary of Kukuau 1st and 2nd as given in Royal Patent South 67° 55" west and from that angle to the extreme mauka end of land, will it run into Punahoa 2nd as patented?
It will not. I have actually located the Southwest corner of Punahoa 2nd.

If you run line between Waiakea and Kukuau 1st as certified in Certificate #58 to the extreme Southwest corner of Kukuau 1 on Waiakea, will it cut Kukuau in two?
It will not.

Will it leave Kukuau 1st cut off by Waiakea?
It will have it as given by survey of Lydgate. [Continued Part 2 page 306]
Certification: 189
Ahupua`a: Kukuau 1
District: Hilo
Island: Hawaii
Ownership: Kuniakea, Albert
Misc:
Year: 1903
Statistics: 52881 characters 9116 words
Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume A, No. 1, p. 234

Kukuau, District of Hilo
Waiaka, District of Kohala
Waikahekahe, District of Puna

Lahaina, August 4th 1873
Imua o ka Mea Hanohano R.A. Lyman, Ke Komisina Palena Aina no Ka Mokupuni o Hawaii

Owau no o ka mea nona ka inoa malalo iho nei ke noi aku nei au imua ou e hoomaopopoia a e hooiaioia na palena o ke Ahupuaa o Kukuau e waiho la ma Hilo ma ka Mokupuni o Hawaii, ame Waiaka ma Waimea Hawaii, ame Waikahekahe ma Puna, Hawaii; aka ke hooili pu aku nei au i ka Palapala Sila o Waiaka ame Waikahekahe a naui ke Komisina Palena Aina o ke Mokupuni o Hawaii e noonoo no ia mau aina a iloko oia Palapala Sila a`u e hooili aku nei ua lilo o Waiaka ia hoi Ahupuaa ma Kahu a a ua lilo no o Pahoehoe ma Kona ia hoi oia Ka mea hoakaka ia oe Komisina Palena Aina o Hawaii.

A nolaila e olelo oe i ka mea ana aina e ana.
Owau no, me Ka Mahalo,
(signed) P. Nahaolehua
Lima Hooponopono Waiwai o
Albert Kuniakea


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume B, pps 160-166

The Ahupuaa of Kukuau 1st, District of Hilo, Island of Hawaii, 3d Judicial Circuit

On this, the 16th day of December A.D. 1873, the Commission of Boundaries for the Island of Hawaii, 3d Judicial Circuit, met at the Court House in Hilo, Hawaii, on the application of P. Nahaolehua, Guardian of Albert Kuniakea for the settlement of Kukuau 1st, situated in the District of Hilo, Island of Hawaii.

Notice of hearing served by publication in the Hawaiian Gazette of [left blank] and Kuokoa of [left blank] 1873, and due notice personally served on owners or agents of adjoining lands, as far as known.

Present: E.G. Hitchcock for applicant and Crown Commissioner.

for Petition see Folio 234 Book A.

Testimony
Keikemahine, kane, sworn, I was born at Kau at the time of Niaukuni, moved to Hilo when a child and have resided here ever since; the boundaries of Kukuau were told me by old kamaaina. Kaainapau, my brother, was one of them. He lived on the land and was the cause of my coming here. All these kamaaina are now dead.

I have been a canoe builder.

Commencing at the Waialama river which belongs to both lands, the boundary runs to the head of the river at a place called Palaoa, on Kukuau 1st; thence to Pohakunui, at Kipi's place the boundary between Kukuau 1st and Waiakea is in a swail [swale] (what I call a kahawai) just outside of this place, thence to Waipio, a water hole on Kukuau 1st. The land is very narrow there. Thence to Wainaku, a pool of standing water where rushes are growing. The boundary line runs along side of Waipio, thence to Kahawa, belonging to Kukuau; thence to Holokoiki, an old planting place, mostly belonging to Waiakea; Kukuau taking only a small part of it; thence to Kukuinui, a kahawai with kukui [page 161] trees in and around the boundary running in the old road to Kaumuunumoa; thence on the road; thence still following the road to Kumuniu, an old cocoanut tree, thence up the road to Naiheakealahou, where there is a well of water and a graveyard; thence to Huawai, a bathing place belonging to Waiakea; from this place all the pahoehoe belongs to Waiakea; thence to Kuaiaina, the junction of two roads, one from Waiakea and one from Kukuau. Pahoehoe and the trees growing on it belong to Waiakea, and the ohia on the Hilo side belongs to Kukuau 1st. Thence to Haaipopolo, where the bush begins and where they used to catch birds. The forest all being on Kukuau 1st; thence the boundary runs to Kanekaulukaau, an old planting place in the woods, belonging to Waiakea. Palaa is the name of the adjoining planting place on Kukuau; thence to the Hilo side of Ohuliipe, a heiau belonging to Waiakea. This heiau is on a hill and from it you can see the sea. The boundary lines is some distance from this hill. It follows up a ridge that runs mauka and makai; and is the dividing line. It is where the painiu grows. Thence from the ridge to Nehuiki, where we used to get canoes eight fathoms long, very large koa and ohia grow together; thence to Kalaholona; thence to Kailihololei, where the bird catchers used to catch oo; thence to Muanui, another bird catchers place. This is as far as I know the boundaries of Kukuau 1st.
Cross-examined.

Kapu, kane, sworn, I know the boundaries between Waiakea and Kukuau 1st. I heard them from my parents. Koi, kane and Palau, wahine (both now dead), who were born on Waiakea. I was also with Webster when he surveyed Waiakea. He surveyed the line between Kukuau and Waiakea. His kamaaina were Kukelekai [page 162] and Kahaoleopuni, both from Kukuau 1st. There was no Waiakea kamaaina present to show boundaries. I do not know as any one was hunted up from Waiakea.

Kukelekai is dead, Kahaoleopuni is at Hamakua and is blind. That was the first time that I ever saw the boundaries. Commencing at a pile of stones on the Puna side of the Waialama river; thence to Hanalei fish pond, on Waiakea there is a strong wall between the fish pond and the river which is the boundary between the two lands; thence to Kumu, on the bank of the Waialama river; thence to Kalanakama, where the Government road to the volcano runs through the land; thence to Huia, on Kukuau, there is a small kahawai there belonging to Waiakea and the level land on the Hilo side belongs to Kukuau; thence to Upeeloa where Lauhala trees are growing. at this place there is a kahawai between the two lands that runs into Huia kahawai; thence to an old planting ground called Lohoiki. All the men that I have seen planting at this place belong to Kukuau; therefore I say this place belongs to Kukuau.

Thence to Kukuinui at the kahawai of Upeeloa (This land, kahawai runs down and enters into the other kahawai of Upeeloa). The gulch is the dividing line; thence to Kapuahi, a kaahumanu belonging to Waiakea; thence follow the ancient road to Kauunuunumoa, up to Kilohana, an old resting place; thence still up the old road to Kumuniu; thence up the road to Koumuumumoa, belonging to Waiakea; thence along old road to a place called Naiheakealahau, belonging to Waiakea; thence along to Kahueawai still following road; thence to Kaaipopolo, thence to a large ohia tree, marked W at the edge of the forest. This is as far as I went with Webster, and this is all that I saw at that time. I have been told the following From the edge of the forest the boundary runs to the Hilo side of Ohuliipe, a heiau, the woods are not very thick there, and the [page 163] painiu grows on a ridge close to the boundary. The boundary runs along the Hilo base of the ridge. I have always heard that from Ohuliipe, the land of Kukuau only run[s] to the aa, opposite to Nahuina, which is the junction of Kamana and Piihonua roads. I have been to Nahuina and know the place. It is on the old lava flow called Poohina; the flow of 1852 has flowed over it there. Kukuau is cut off by Kaamano and Waiakea. The ohia at this place is scrubby, being on the aa; below it is tall.
Cross-examined

Boundary Commission adjourned. Case continued to December the 17 instant.
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

Boundary Commission opened and case continued on the 17 of December A.D. 1873 according to adjournment from the 16th instant.

Kaaua, kane, sworn, I was born at Waiakea uka at the time of Akakai mokuakai. I know a part of the boundaries between Kukuau 1st and Waiakea. Kuakaahalawa and Keike, who were bird catchers and canoe makers and old settlers on the land, and who knew all the boundaries, told them to me. Commencingat the sea side on the Puna bank of the Waialama river, the boundary between Kukuau and Waiakea runs mauka to Kumu, a noted jumping off place and boiling springs at the head of the Wailama river; thence in a swail [swale] to Kalanakama, a place on the Government road to the volcano. The swail is on Waiakea; thence in the swail mauka to the Puna side of Kipi's yard; thence to the water hole of Waipio, belonging to Kukuau 1st; thence to Wainaku, a water hole where rushes are growing, belonging to Kukuau 1st; thence to Kahana, on Kukuau 1st, where there is a lauhala grove, aa and pahoehoe. [page 164] The boundary runs near to a swail, but the swail is on Waiakea. The old road to Kaumuumumoa is near the boundary and on Kukuau 1st the boundary running between the road and the awaawa.

Thence along this old road to Kalopoiki (I do not know as this place belongs to either land); thence along the old road to Kukuinui, where the kahawai runs on to Kukuau 1st and belongs entirely to that land, taking the name of Waiola gulch. Kukuinui is a grove of Kukui trees in the gulch; thence along the old road to Kapuahi, a kaahumanu (called so from its being an old bird ground); thence to Kilohano; thence to Pilenui; thence to Kumuniu, there leaving the old road to Koumuumumoa, the boundary runs up a branch road, that leads to Kahakauwila, and runs along said road to Mananui; one side of the road belonging to Waiakea and the other to Kukuau 1st.

Thence to Niaheakealahau where Waiakea takes all the road and Kukuau 1st is confined to the tall ohia; thence the boundary runs to the Hilo side of a bathing place called Kuawai; this place is on Kukuau 1st; thence to Kahuakamoa (in olden times a noted place for cock fighting); thence the boundary runs along the line of the old road (now used for drawing down wood) to Kuaiaina, where the roads from Kukuau and Waiakea join. The pahoehoe and trees on it belong to Waiakea, and the forest on the Hilo side to Kukuau 1st. Thence to Kaaipopolo, a place where popolo now grows.

Notes: Witness states that Mr. Webster marked a tree, on the opposite side from Kaaipopolo, as the true boundary between the two lands, but as he objected to that boundary Mr. Webster changed the survey to Kaiipopolo.

There is a large tree with a blaze on it at this place; thence to Ohuliipii, a hill on Waikea [sic]. I do not know of there being a heiau there in olden times; thence [page 165] to a place called Kanoa; thence to Mehuiki, an old canoe building place; thence to Kaileo, another canoe building spot where koa trees are growing. I have lived there; thence to Kalaiholona, a canoe building place; thence to Kailihelelei, a grove of koa trees; thence to Muanui, a great bird catching place; thence to Hoaa, the boundary is on a line with Hoaa, but the place itself is way inside of Waiakea. I have always been told that Kukuau ends at Piliiki. I do not know what other lands join above it. Opuloa, kane and Nahua (now dead) and Kaawa from Olaa were the kamaaina with Webster. Kahaole Opunui now living in Hamakua was a kamaaina of Kukuau 1st.
Cross-examined.

Puaa, kane, sworn, I know the boundaries of Kukuau 1st. I obtained my information from old kamaaina, and from having lived near there all my life. I always heard that the Waialama river is equally divided between Waiakea and Kukuau 1st.

Commencing at Kumu and from thence the boundary runs to Kalanakama; thence in a small swail [swale to the Puna side of Kipi's yard; thence to Upeeloa; thence to Kalopoiki; belonging to both lands; thence to Kapualii, a kaahumanu; thence along the old road to Nahoanaomua; thence to Kilohano; thence along the old road to Kumunui; thence to where the road branches off to Hakauwila's house; thence to Waiheakealahau, here the Pahoehoe belongs to Waiakea and the woods to Kukuau 1st; thence to Hueawai; thence along the old road to Kahuakamoa; thence still following the old road, to Kuaiaina; thence to Kupiinau, where it leaves Waiakea road and runs to Kaaipopolo. At this place the pahoehoe ends and the bush begins; thence to Kahamoule; thence to Umilehu; thence to Kanoa; thence to [page 166] Nehuiki; thence to Kailio; thence to Kailihelelei; thence to Muanui; thence to Lapanaia. To this point the boundary runs towards Kalaieha and the base of Mauna Loa. From this point it runs toward Hamakuka and Mauna Kea. From Lapanaia the boundary runs up to a point between Hoaa and Kaunuapakea where Kukuau 1st is cut off by the junction of Kaamana and Waiakea. This is all I know the boundaries of Kukuau 1st.
Cross-examined.
R.A. Layman

Decided to be as given in J.M. Lydgate's notes of survey. Certificate issued January 21, 1875.

No. 58 Folio 101, Liber I or No. 3
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

For costs see folio 105, Liber I.

For Certificate see No. 58, Folio 101, Liber I.

[note: in the following book the page number is added at the end of the word in this document, although in the original text it might be in the middle of a word]


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume 1, No. 3, pps 101-105

For Testimony of Kukuau 1st, See F ....

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.... larly to the case in question.

The lack of continuity and uniformity in the description of the boundary of Kukuau 1st on its West side, adjacent Kukuau 2nd have been covered by a study of the relations of Section 1 and 2 of boundary Certificate No. 52 of Kukuau 2nd which clearly shows the omission of the line along Land Commission Award No. 4239B Kanaina, as I have already indicated in my direct examination.

I could not professionally accept a point or fix a line on the boundary of this land and of Waiakea, without a previous determination from some known point, which i have done, and which conforms to the same points and lines along the sea beach, as shown on the Official Map of the town of Hilo.

I do not recognize the authority of either persons or officials, of arbitrarily settling upon lines or boundaries, which have the stamp of legal approval, except by means provided under the law.

Court adjourned until 1:30 p.m.

Commission of Boundaries met at 1:30 and waited until 2 p.m. for E.D. Baldwin to appear. At 2 p.m. E.D. Baldwin and Carl S. Smith appeared and argued for a continuance of the case for a few days.

Commissioner ruled that hearing go on as far as E.D. Baldwin could go today, and that then he would then hear arguments for and against a continuance of the case.
Cross questioning of A.B. Loebenstein continued by E.D. Baldwin.

Question: Has not Lydgate from a point a little [page 299] way above Front street, on the boundary of Waiakea, followed notes of survey of Waiakea made by William Webster to the lower edge of the woods?
Answer: It is given in the Boundary Certificate No. 58, land of Kukuau I but as an actual matter of fact, the lines of the Webster survey are from the woods to the sea beach and not from the beach to the woods.

Question: How did you fix the point above Front Street, that Lydgate took for his Initial point, and then adopted Webster"s survey?
Answer: I discarded that point, for the reason that the Webster survey did not reach that point, and for the further reason that the traditions, and kamaaina evidence from the Volcano Road to the sea beach are matters of record.

Question: Does not Webster"s survey tie the above point, the point in question to the Northwest corner of land of Piopio, survey of Piopio having been made by him?
Answer: It does.

Question: Then why did you disregard that distance, locating above mentioned point, when it had been located and recorded by William Webster, a reputable surveyor?
Answer: For the reason that the North West angle of Piopio, Certificate No. 29 is largely hypothetical and doubtful at this day. This being the same point as the one described in Certificate No. 29 of the Boundaries of Piopio, reading as follows: Commencing at the North West corner of Piopio at high water mark, opposite a stone marked PW &c. I have further, on repeated occasions followed out the boundaries of Piopio and have never been able to find or identify this particular point, nor been able to make it agree, either in bearing or distance with the point given by Webster on the line of Waiakea and Kukuau, and the point in question above Front Street. Had I adhered to the description I would have encroached and trespassed within boundaries of Waiakea, a land now [page 300] owned by the Government.

Question: Whenever you have had anything to do with Webster"s surveys, did you not find them as a general thing, consistent surveys as compared to other Magnetic surveys?

Answer: I have found them superior, if anything to contemporaneous surveys excepting where boundaries were contiguous to Marsh or tide lands; although as a matter of fact, the doubtful interpretations on his part were balanced by the careful descriptions of pints to which his surveys led., by giving the names of lands or the delimitations of his bearings and distances by natural monuments and land marks.

Question by Commissioner: Is the line given by you, running toward seashore form the east corner of kuleana, Kanaina Land Commission Award 4239B the same line as the one given in Certificate of Boundaries of the portion of Kukuau 2nd that is situated on the makai side of Front Street, and also the line given in the Royal Patent No. 5706, of Kukuau 2nd?
Answer: It is the identical line described the Certificate of Boundaries of Kukuau 2nd, Apana 1, and also in the Royal Patent of Kukuau 2nd.

Question by Commissioner: From the lower edge of woods to the extreme South angle on Boundary of Waiakea that is between Stations 50 and 51 - did you follow the course and distance given in notes of survey given in the old Certificate of Boundaries of Kukuau 1st?
[Answer:] I did, only changing from Magnetic bearings to true bearings and I run the present survey out on the ground.

Question by E.D. Baldwin: From Stations 46 to 47 or course 47- in your notes of survey of Boundary between lands of Kukuau 1st and 2nd, did you follow the course and distance given in the [page 301] Patent of Kukuau 2nd?
Answer: I followed the course but not the distance.

Question by Commissioner: Why did you not follow the distance given in the Patent of Kukuau 2nd?
Answer: For reasons that I have already explained in my direct evidence.
The description in Certificate No. 52 of Kukuau 2nd from a point a little above Government road, Volcano Road to upper mauka angle, had been run by Lydgate along North boundary of Kukuau 2nd to a point within land of Punahoa 2nd, an award by survey, and also patented by survey and its upper or mauka line within land of Punahoa 2nd to the South West angle, where Kukuau 2nd turns toward sea coast, the South boundary following along land of Kukuau 1st.

Within the woods and along Kukuau 1st the Certificate indicates two long lines to a point at the lower edge of the woods marked by a clump of Gingers, planted by Mr. Lydgate, and noted by him.

The fact that a portion of Kukuau 2nd encroached beyond what Mr. Lydgate should have considered its legal boundary, that is to say, the South boundary of Punahoa 2d, would vitiate any claim for that portion of it. There was therefore presented to the surveyor the problem of arriving if possible, at the original intent of Mr. Lydgate, at the time these surveys were executed in 1873 or 1874.

In the one case by the running the line out down from above, the land of Kukuau 2nd would have exhibited a width disproportionate with the plans filed by Mr. Lydgate, and seriously cutting into Kukuau 1st. While on the other hand to have run out the full distance of the line from the gingers at lower edge of woods up, would result in practically cutting [page 302] land of Kukuau 1st in two. The presentation of these facts was duly made to the owners of both Kukuau 1st and Kukuau 2nd and an expression of opinion furthermore obtained from Mr. C.J. Lyons, at that time assistant in charge of the government survey bureau. In response to which I obtained his opinion on the facts of the case.

While I did not consider this in may way authorative [sic], but as merely indicating the views held by them. I submitted the same to the respective owners of both lands. And the cutting off of the line from the gingers to the angle in the woods was duly authorized and endorsed by them. I would further add that a surveyor when confronted with questions of this nature, will exercise his judgement, as to when or when not to adhere rigidly to a given description which shows clearly in the face of it., that followed out, it would result in an absurd interpretation. It is for this reason that the South line of Kukuau 1st from the lower edge of the woods beginning at the gingers, was not altered from the original descriptions, and the line along Waiakea from there on, both the course and distance were modified to conform to the South boundary of Punahoa 2nd which boundary would naturally dominate. I would further say that there is no evidence on record to show that either the Kukuau 1st and second boundary, or the Kukuau 1st and Waiakea boundary were ever actually run out on the ground from the gingers through the woods. From the woods to the seashore there are monuments or piles of stones on both side of land.

Case continued until Friday, August 10th, 1900, at 10 a.m.
Rufus A. Lyman, Commissioner of Boundaries, 3rd & 4th Judicial Circuits, Island of Hawaii
[page 303]
Case reopened Friday, August 10th, 1900
Cross examination continued

What is bearing of your course #95?
North 31° 14" East 747.6 feet
What is Webster"s magnetic bearing?
North 32° 35" East 452 feet magnetic.

Does your bearing agree with Webster"s?
No.
What is the bearing and distance of your course #94?
North 03° 19" East 410.7 feet true.
What is Webster"s bearing?
North 4° 30" West 410 feet Magnetic.
Does your course agree with Webster"s?
It is the same course allowing for change in time.

What is the bearing of your course #93?
North 48° 55" East 362 feet True.
What are Webster"s bearing and distances from gully on Volcano Road to point near Kumu Spring?
There is no spring described in Webster"s survey.

What are the two next bearings and distances in Webster"s survey from gully on volcano Road?
North 36° 20" East 193 Magnetic
North 63° 50" East 257 feet
Does your course 93 agree with Webster"s?
It does not.

Does line from Kilohana along Waiakea to seashore run over any part of 80-81 flow.
It does
About what distance is line on said flow?
About 3550 feet by courses, 3100 feet air line.
Is that distance shown on your map?
It is.

Government asks for map. Map is exhibited and distances verified.

Was this mass of lava there when Webster run his courses?
I don"t think so.
[page 304]
Question by Commissioner. In going down from the fish pond wall toward the sea, did you find the old Iwi aina?
I did.
Of what did the iwi aina consist?
Of an old Kuauna of dirt capped by rock and stones and placed in a manner according to ancient custom.
About how far down?
Below the line of a fence which extends across Kukuau 1 above the line of Front Street.

Did you find above Front St. where Waialama had flowed toward Waiakea?
Yes.
Is it distinct?
Distinct to one who in my profession is accustomed to deal in land matter and monuments.

Did the Iwi Aina extend to it?
Yes, and beyond it toward the beach forming an angle of which one line is identical with original bank of Waialama, the other bank being the Kuauna which I described.

Did you examine and see if there were any other iwi ainas close to it going toward Waiakea and toward town?
There is another iwi aina going toward Waiakea but I did not consider it important enough to enter this controversy.
Where did it extend?
It extends towards Waiakea to near the end of course 94.
Is it a stony region?
It is not a stony region and the stones must have been quarried at some distance.
It is a stone of bluish gray appearance while the stone between Wailoa and Wailama is black and porous while this stone is denser and looks like the stone above Waiolama.

[page 305]
the time of construction of this Iwi aina and the purposes for which it was constructed are facts well known to old kamaainas and others.

How does your course 95 4un in reference to the Iwi aina?
Practically the same but having in view the elimination of short courses and distances for the purpose of better identification in the future, I abandoned a short distance from the lower end of the Kuauna, leaving it in Waiakea.

Did you ever test Webster"s survey form the road to the beach to see where his last course ended at the seashore?
I have. About 80 feet from the end of said line and due east from my Waiakea Kukuau line.

Did you ever test it running in an easterly direction to see if the Piopio line was the same?
I did, finding it practically coincident.

Does the boundary run through the Keliikolani house?
It does and is so shown on the official maps.

In starting from lower edge of woods on boundary of Kukuau 1st and 2nd as given in Royal Patent South 67° 55" west and from that angle to the extreme mauka end of land, will it run into Punahoa 2nd as patented?
It will not. I have actually located the Southwest corner of Punahoa 2nd.

If you run line between Waiakea and Kukuau 1st as certified in Certificate #58 to the extreme Southwest corner of Kukuau 1 on Waiakea, will it cut Kukuau in two?
It will not.

Will it leave Kukuau 1st cut off by Waiakea?
It will have it as given by survey of Lydgate. [Continued Part 2 page 306]
Certification: 189
Ahupua`a: Kukuau 1
District: Hilo
Island: Hawaii
Ownership: Kuniakea, Albert
Misc:
Year: 1903
Statistics: 52881 characters 9116 words
Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume A, No. 1, p. 234

Kukuau, District of Hilo
Waiaka, District of Kohala
Waikahekahe, District of Puna

Lahaina, August 4th 1873
Imua o ka Mea Hanohano R.A. Lyman, Ke Komisina Palena Aina no Ka Mokupuni o Hawaii

Owau no o ka mea nona ka inoa malalo iho nei ke noi aku nei au imua ou e hoomaopopoia a e hooiaioia na palena o ke Ahupuaa o Kukuau e waiho la ma Hilo ma ka Mokupuni o Hawaii, ame Waiaka ma Waimea Hawaii, ame Waikahekahe ma Puna, Hawaii; aka ke hooili pu aku nei au i ka Palapala Sila o Waiaka ame Waikahekahe a naui ke Komisina Palena Aina o ke Mokupuni o Hawaii e noonoo no ia mau aina a iloko oia Palapala Sila a`u e hooili aku nei ua lilo o Waiaka ia hoi Ahupuaa ma Kahu a a ua lilo no o Pahoehoe ma Kona ia hoi oia Ka mea hoakaka ia oe Komisina Palena Aina o Hawaii.

A nolaila e olelo oe i ka mea ana aina e ana.
Owau no, me Ka Mahalo,
(signed) P. Nahaolehua
Lima Hooponopono Waiwai o
Albert Kuniakea


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume B, pps 160-166

The Ahupuaa of Kukuau 1st, District of Hilo, Island of Hawaii, 3d Judicial Circuit

On this, the 16th day of December A.D. 1873, the Commission of Boundaries for the Island of Hawaii, 3d Judicial Circuit, met at the Court House in Hilo, Hawaii, on the application of P. Nahaolehua, Guardian of Albert Kuniakea for the settlement of Kukuau 1st, situated in the District of Hilo, Island of Hawaii.

Notice of hearing served by publication in the Hawaiian Gazette of [left blank] and Kuokoa of [left blank] 1873, and due notice personally served on owners or agents of adjoining lands, as far as known.

Present: E.G. Hitchcock for applicant and Crown Commissioner.

for Petition see Folio 234 Book A.

Testimony
Keikemahine, kane, sworn, I was born at Kau at the time of Niaukuni, moved to Hilo when a child and have resided here ever since; the boundaries of Kukuau were told me by old kamaaina. Kaainapau, my brother, was one of them. He lived on the land and was the cause of my coming here. All these kamaaina are now dead.

I have been a canoe builder.

Commencing at the Waialama river which belongs to both lands, the boundary runs to the head of the river at a place called Palaoa, on Kukuau 1st; thence to Pohakunui, at Kipi's place the boundary between Kukuau 1st and Waiakea is in a swail [swale] (what I call a kahawai) just outside of this place, thence to Waipio, a water hole on Kukuau 1st. The land is very narrow there. Thence to Wainaku, a pool of standing water where rushes are growing. The boundary line runs along side of Waipio, thence to Kahawa, belonging to Kukuau; thence to Holokoiki, an old planting place, mostly belonging to Waiakea; Kukuau taking only a small part of it; thence to Kukuinui, a kahawai with kukui [page 161] trees in and around the boundary running in the old road to Kaumuunumoa; thence on the road; thence still following the road to Kumuniu, an old cocoanut tree, thence up the road to Naiheakealahou, where there is a well of water and a graveyard; thence to Huawai, a bathing place belonging to Waiakea; from this place all the pahoehoe belongs to Waiakea; thence to Kuaiaina, the junction of two roads, one from Waiakea and one from Kukuau. Pahoehoe and the trees growing on it belong to Waiakea, and the ohia on the Hilo side belongs to Kukuau 1st. Thence to Haaipopolo, where the bush begins and where they used to catch birds. The forest all being on Kukuau 1st; thence the boundary runs to Kanekaulukaau, an old planting place in the woods, belonging to Waiakea. Palaa is the name of the adjoining planting place on Kukuau; thence to the Hilo side of Ohuliipe, a heiau belonging to Waiakea. This heiau is on a hill and from it you can see the sea. The boundary lines is some distance from this hill. It follows up a ridge that runs mauka and makai; and is the dividing line. It is where the painiu grows. Thence from the ridge to Nehuiki, where we used to get canoes eight fathoms long, very large koa and ohia grow together; thence to Kalaholona; thence to Kailihololei, where the bird catchers used to catch oo; thence to Muanui, another bird catchers place. This is as far as I know the boundaries of Kukuau 1st.
Cross-examined.

Kapu, kane, sworn, I know the boundaries between Waiakea and Kukuau 1st. I heard them from my parents. Koi, kane and Palau, wahine (both now dead), who were born on Waiakea. I was also with Webster when he surveyed Waiakea. He surveyed the line between Kukuau and Waiakea. His kamaaina were Kukelekai [page 162] and Kahaoleopuni, both from Kukuau 1st. There was no Waiakea kamaaina present to show boundaries. I do not know as any one was hunted up from Waiakea.

Kukelekai is dead, Kahaoleopuni is at Hamakua and is blind. That was the first time that I ever saw the boundaries. Commencing at a pile of stones on the Puna side of the Waialama river; thence to Hanalei fish pond, on Waiakea there is a strong wall between the fish pond and the river which is the boundary between the two lands; thence to Kumu, on the bank of the Waialama river; thence to Kalanakama, where the Government road to the volcano runs through the land; thence to Huia, on Kukuau, there is a small kahawai there belonging to Waiakea and the level land on the Hilo side belongs to Kukuau; thence to Upeeloa where Lauhala trees are growing. at this place there is a kahawai between the two lands that runs into Huia kahawai; thence to an old planting ground called Lohoiki. All the men that I have seen planting at this place belong to Kukuau; therefore I say this place belongs to Kukuau.

Thence to Kukuinui at the kahawai of Upeeloa (This land, kahawai runs down and enters into the other kahawai of Upeeloa). The gulch is the dividing line; thence to Kapuahi, a kaahumanu belonging to Waiakea; thence follow the ancient road to Kauunuunumoa, up to Kilohana, an old resting place; thence still up the old road to Kumuniu; thence up the road to Koumuumumoa, belonging to Waiakea; thence along old road to a place called Naiheakealahau, belonging to Waiakea; thence along to Kahueawai still following road; thence to Kaaipopolo, thence to a large ohia tree, marked W at the edge of the forest. This is as far as I went with Webster, and this is all that I saw at that time. I have been told the following From the edge of the forest the boundary runs to the Hilo side of Ohuliipe, a heiau, the woods are not very thick there, and the [page 163] painiu grows on a ridge close to the boundary. The boundary runs along the Hilo base of the ridge. I have always heard that from Ohuliipe, the land of Kukuau only run[s] to the aa, opposite to Nahuina, which is the junction of Kamana and Piihonua roads. I have been to Nahuina and know the place. It is on the old lava flow called Poohina; the flow of 1852 has flowed over it there. Kukuau is cut off by Kaamano and Waiakea. The ohia at this place is scrubby, being on the aa; below it is tall.
Cross-examined

Boundary Commission adjourned. Case continued to December the 17 instant.
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

Boundary Commission opened and case continued on the 17 of December A.D. 1873 according to adjournment from the 16th instant.

Kaaua, kane, sworn, I was born at Waiakea uka at the time of Akakai mokuakai. I know a part of the boundaries between Kukuau 1st and Waiakea. Kuakaahalawa and Keike, who were bird catchers and canoe makers and old settlers on the land, and who knew all the boundaries, told them to me. Commencingat the sea side on the Puna bank of the Waialama river, the boundary between Kukuau and Waiakea runs mauka to Kumu, a noted jumping off place and boiling springs at the head of the Wailama river; thence in a swail [swale] to Kalanakama, a place on the Government road to the volcano. The swail is on Waiakea; thence in the swail mauka to the Puna side of Kipi's yard; thence to the water hole of Waipio, belonging to Kukuau 1st; thence to Wainaku, a water hole where rushes are growing, belonging to Kukuau 1st; thence to Kahana, on Kukuau 1st, where there is a lauhala grove, aa and pahoehoe. [page 164] The boundary runs near to a swail, but the swail is on Waiakea. The old road to Kaumuumumoa is near the boundary and on Kukuau 1st the boundary running between the road and the awaawa.

Thence along this old road to Kalopoiki (I do not know as this place belongs to either land); thence along the old road to Kukuinui, where the kahawai runs on to Kukuau 1st and belongs entirely to that land, taking the name of Waiola gulch. Kukuinui is a grove of Kukui trees in the gulch; thence along the old road to Kapuahi, a kaahumanu (called so from its being an old bird ground); thence to Kilohano; thence to Pilenui; thence to Kumuniu, there leaving the old road to Koumuumumoa, the boundary runs up a branch road, that leads to Kahakauwila, and runs along said road to Mananui; one side of the road belonging to Waiakea and the other to Kukuau 1st.

Thence to Niaheakealahau where Waiakea takes all the road and Kukuau 1st is confined to the tall ohia; thence the boundary runs to the Hilo side of a bathing place called Kuawai; this place is on Kukuau 1st; thence to Kahuakamoa (in olden times a noted place for cock fighting); thence the boundary runs along the line of the old road (now used for drawing down wood) to Kuaiaina, where the roads from Kukuau and Waiakea join. The pahoehoe and trees on it belong to Waiakea, and the forest on the Hilo side to Kukuau 1st. Thence to Kaaipopolo, a place where popolo now grows.

Notes: Witness states that Mr. Webster marked a tree, on the opposite side from Kaaipopolo, as the true boundary between the two lands, but as he objected to that boundary Mr. Webster changed the survey to Kaiipopolo.

There is a large tree with a blaze on it at this place; thence to Ohuliipii, a hill on Waikea [sic]. I do not know of there being a heiau there in olden times; thence [page 165] to a place called Kanoa; thence to Mehuiki, an old canoe building place; thence to Kaileo, another canoe building spot where koa trees are growing. I have lived there; thence to Kalaiholona, a canoe building place; thence to Kailihelelei, a grove of koa trees; thence to Muanui, a great bird catching place; thence to Hoaa, the boundary is on a line with Hoaa, but the place itself is way inside of Waiakea. I have always been told that Kukuau ends at Piliiki. I do not know what other lands join above it. Opuloa, kane and Nahua (now dead) and Kaawa from Olaa were the kamaaina with Webster. Kahaole Opunui now living in Hamakua was a kamaaina of Kukuau 1st.
Cross-examined.

Puaa, kane, sworn, I know the boundaries of Kukuau 1st. I obtained my information from old kamaaina, and from having lived near there all my life. I always heard that the Waialama river is equally divided between Waiakea and Kukuau 1st.

Commencing at Kumu and from thence the boundary runs to Kalanakama; thence in a small swail [swale to the Puna side of Kipi's yard; thence to Upeeloa; thence to Kalopoiki; belonging to both lands; thence to Kapualii, a kaahumanu; thence along the old road to Nahoanaomua; thence to Kilohano; thence along the old road to Kumunui; thence to where the road branches off to Hakauwila's house; thence to Waiheakealahau, here the Pahoehoe belongs to Waiakea and the woods to Kukuau 1st; thence to Hueawai; thence along the old road to Kahuakamoa; thence still following the old road, to Kuaiaina; thence to Kupiinau, where it leaves Waiakea road and runs to Kaaipopolo. At this place the pahoehoe ends and the bush begins; thence to Kahamoule; thence to Umilehu; thence to Kanoa; thence to [page 166] Nehuiki; thence to Kailio; thence to Kailihelelei; thence to Muanui; thence to Lapanaia. To this point the boundary runs towards Kalaieha and the base of Mauna Loa. From this point it runs toward Hamakuka and Mauna Kea. From Lapanaia the boundary runs up to a point between Hoaa and Kaunuapakea where Kukuau 1st is cut off by the junction of Kaamana and Waiakea. This is all I know the boundaries of Kukuau 1st.
Cross-examined.
R.A. Layman

Decided to be as given in J.M. Lydgate's notes of survey. Certificate issued January 21, 1875.

No. 58 Folio 101, Liber I or No. 3
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

For costs see folio 105, Liber I.

For Certificate see No. 58, Folio 101, Liber I.

[note: in the following book the page number is added at the end of the word in this document, although in the original text it might be in the middle of a word]


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume 1, No. 3, pps 101-105

For Testimony of Kukuau 1st, See F ....

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.... larly to the case in question.

The lack of continuity and uniformity in the description of the boundary of Kukuau 1st on its West side, adjacent Kukuau 2nd have been covered by a study of the relations of Section 1 and 2 of boundary Certificate No. 52 of Kukuau 2nd which clearly shows the omission of the line along Land Commission Award No. 4239B Kanaina, as I have already indicated in my direct examination.

I could not professionally accept a point or fix a line on the boundary of this land and of Waiakea, without a previous determination from some known point, which i have done, and which conforms to the same points and lines along the sea beach, as shown on the Official Map of the town of Hilo.

I do not recognize the authority of either persons or officials, of arbitrarily settling upon lines or boundaries, which have the stamp of legal approval, except by means provided under the law.

Court adjourned until 1:30 p.m.

Commission of Boundaries met at 1:30 and waited until 2 p.m. for E.D. Baldwin to appear. At 2 p.m. E.D. Baldwin and Carl S. Smith appeared and argued for a continuance of the case for a few days.

Commissioner ruled that hearing go on as far as E.D. Baldwin could go today, and that then he would then hear arguments for and against a continuance of the case.
Cross questioning of A.B. Loebenstein continued by E.D. Baldwin.

Question: Has not Lydgate from a point a little [page 299] way above Front street, on the boundary of Waiakea, followed notes of survey of Waiakea made by William Webster to the lower edge of the woods?
Answer: It is given in the Boundary Certificate No. 58, land of Kukuau I but as an actual matter of fact, the lines of the Webster survey are from the woods to the sea beach and not from the beach to the woods.

Question: How did you fix the point above Front Street, that Lydgate took for his Initial point, and then adopted Webster"s survey?
Answer: I discarded that point, for the reason that the Webster survey did not reach that point, and for the further reason that the traditions, and kamaaina evidence from the Volcano Road to the sea beach are matters of record.

Question: Does not Webster"s survey tie the above point, the point in question to the Northwest corner of land of Piopio, survey of Piopio having been made by him?
Answer: It does.

Question: Then why did you disregard that distance, locating above mentioned point, when it had been located and recorded by William Webster, a reputable surveyor?
Answer: For the reason that the North West angle of Piopio, Certificate No. 29 is largely hypothetical and doubtful at this day. This being the same point as the one described in Certificate No. 29 of the Boundaries of Piopio, reading as follows: Commencing at the North West corner of Piopio at high water mark, opposite a stone marked PW &c. I have further, on repeated occasions followed out the boundaries of Piopio and have never been able to find or identify this particular point, nor been able to make it agree, either in bearing or distance with the point given by Webster on the line of Waiakea and Kukuau, and the point in question above Front Street. Had I adhered to the description I would have encroached and trespassed within boundaries of Waiakea, a land now [page 300] owned by the Government.

Question: Whenever you have had anything to do with Webster"s surveys, did you not find them as a general thing, consistent surveys as compared to other Magnetic surveys?

Answer: I have found them superior, if anything to contemporaneous surveys excepting where boundaries were contiguous to Marsh or tide lands; although as a matter of fact, the doubtful interpretations on his part were balanced by the careful descriptions of pints to which his surveys led., by giving the names of lands or the delimitations of his bearings and distances by natural monuments and land marks.

Question by Commissioner: Is the line given by you, running toward seashore form the east corner of kuleana, Kanaina Land Commission Award 4239B the same line as the one given in Certificate of Boundaries of the portion of Kukuau 2nd that is situated on the makai side of Front Street, and also the line given in the Royal Patent No. 5706, of Kukuau 2nd?
Answer: It is the identical line described the Certificate of Boundaries of Kukuau 2nd, Apana 1, and also in the Royal Patent of Kukuau 2nd.

Question by Commissioner: From the lower edge of woods to the extreme South angle on Boundary of Waiakea that is between Stations 50 and 51 - did you follow the course and distance given in notes of survey given in the old Certificate of Boundaries of Kukuau 1st?
[Answer:] I did, only changing from Magnetic bearings to true bearings and I run the present survey out on the ground.

Question by E.D. Baldwin: From Stations 46 to 47 or course 47- in your notes of survey of Boundary between lands of Kukuau 1st and 2nd, did you follow the course and distance given in the [page 301] Patent of Kukuau 2nd?
Answer: I followed the course but not the distance.

Question by Commissioner: Why did you not follow the distance given in the Patent of Kukuau 2nd?
Answer: For reasons that I have already explained in my direct evidence.
The description in Certificate No. 52 of Kukuau 2nd from a point a little above Government road, Volcano Road to upper mauka angle, had been run by Lydgate along North boundary of Kukuau 2nd to a point within land of Punahoa 2nd, an award by survey, and also patented by survey and its upper or mauka line within land of Punahoa 2nd to the South West angle, where Kukuau 2nd turns toward sea coast, the South boundary following along land of Kukuau 1st.

Within the woods and along Kukuau 1st the Certificate indicates two long lines to a point at the lower edge of the woods marked by a clump of Gingers, planted by Mr. Lydgate, and noted by him.

The fact that a portion of Kukuau 2nd encroached beyond what Mr. Lydgate should have considered its legal boundary, that is to say, the South boundary of Punahoa 2d, would vitiate any claim for that portion of it. There was therefore presented to the surveyor the problem of arriving if possible, at the original intent of Mr. Lydgate, at the time these surveys were executed in 1873 or 1874.

In the one case by the running the line out down from above, the land of Kukuau 2nd would have exhibited a width disproportionate with the plans filed by Mr. Lydgate, and seriously cutting into Kukuau 1st. While on the other hand to have run out the full distance of the line from the gingers at lower edge of woods up, would result in practically cutting [page 302] land of Kukuau 1st in two. The presentation of these facts was duly made to the owners of both Kukuau 1st and Kukuau 2nd and an expression of opinion furthermore obtained from Mr. C.J. Lyons, at that time assistant in charge of the government survey bureau. In response to which I obtained his opinion on the facts of the case.

While I did not consider this in may way authorative [sic], but as merely indicating the views held by them. I submitted the same to the respective owners of both lands. And the cutting off of the line from the gingers to the angle in the woods was duly authorized and endorsed by them. I would further add that a surveyor when confronted with questions of this nature, will exercise his judgement, as to when or when not to adhere rigidly to a given description which shows clearly in the face of it., that followed out, it would result in an absurd interpretation. It is for this reason that the South line of Kukuau 1st from the lower edge of the woods beginning at the gingers, was not altered from the original descriptions, and the line along Waiakea from there on, both the course and distance were modified to conform to the South boundary of Punahoa 2nd which boundary would naturally dominate. I would further say that there is no evidence on record to show that either the Kukuau 1st and second boundary, or the Kukuau 1st and Waiakea boundary were ever actually run out on the ground from the gingers through the woods. From the woods to the seashore there are monuments or piles of stones on both side of land.

Case continued until Friday, August 10th, 1900, at 10 a.m.
Rufus A. Lyman, Commissioner of Boundaries, 3rd & 4th Judicial Circuits, Island of Hawaii
[page 303]
Case reopened Friday, August 10th, 1900
Cross examination continued

What is bearing of your course #95?
North 31° 14" East 747.6 feet
What is Webster"s magnetic bearing?
North 32° 35" East 452 feet magnetic.

Does your bearing agree with Webster"s?
No.
What is the bearing and distance of your course #94?
North 03° 19" East 410.7 feet true.
What is Webster"s bearing?
North 4° 30" West 410 feet Magnetic.
Does your course agree with Webster"s?
It is the same course allowing for change in time.

What is the bearing of your course #93?
North 48° 55" East 362 feet True.
What are Webster"s bearing and distances from gully on Volcano Road to point near Kumu Spring?
There is no spring described in Webster"s survey.

What are the two next bearings and distances in Webster"s survey from gully on volcano Road?
North 36° 20" East 193 Magnetic
North 63° 50" East 257 feet
Does your course 93 agree with Webster"s?
It does not.

Does line from Kilohana along Waiakea to seashore run over any part of 80-81 flow.
It does
About what distance is line on said flow?
About 3550 feet by courses, 3100 feet air line.
Is that distance shown on your map?
It is.

Government asks for map. Map is exhibited and distances verified.

Was this mass of lava there when Webster run his courses?
I don"t think so.
[page 304]
Question by Commissioner. In going down from the fish pond wall toward the sea, did you find the old Iwi aina?
I did.
Of what did the iwi aina consist?
Of an old Kuauna of dirt capped by rock and stones and placed in a manner according to ancient custom.
About how far down?
Below the line of a fence which extends across Kukuau 1 above the line of Front Street.

Did you find above Front St. where Waialama had flowed toward Waiakea?
Yes.
Is it distinct?
Distinct to one who in my profession is accustomed to deal in land matter and monuments.

Did the Iwi Aina extend to it?
Yes, and beyond it toward the beach forming an angle of which one line is identical with original bank of Waialama, the other bank being the Kuauna which I described.

Did you examine and see if there were any other iwi ainas close to it going toward Waiakea and toward town?
There is another iwi aina going toward Waiakea but I did not consider it important enough to enter this controversy.
Where did it extend?
It extends towards Waiakea to near the end of course 94.
Is it a stony region?
It is not a stony region and the stones must have been quarried at some distance.
It is a stone of bluish gray appearance while the stone between Wailoa and Wailama is black and porous while this stone is denser and looks like the stone above Waiolama.

[page 305]
the time of construction of this Iwi aina and the purposes for which it was constructed are facts well known to old kamaainas and others.

How does your course 95 4un in reference to the Iwi aina?
Practically the same but having in view the elimination of short courses and distances for the purpose of better identification in the future, I abandoned a short distance from the lower end of the Kuauna, leaving it in Waiakea.

Did you ever test Webster"s survey form the road to the beach to see where his last course ended at the seashore?
I have. About 80 feet from the end of said line and due east from my Waiakea Kukuau line.

Did you ever test it running in an easterly direction to see if the Piopio line was the same?
I did, finding it practically coincident.

Does the boundary run through the Keliikolani house?
It does and is so shown on the official maps.

In starting from lower edge of woods on boundary of Kukuau 1st and 2nd as given in Royal Patent South 67° 55" west and from that angle to the extreme mauka end of land, will it run into Punahoa 2nd as patented?
It will not. I have actually located the Southwest corner of Punahoa 2nd.

If you run line between Waiakea and Kukuau 1st as certified in Certificate #58 to the extreme Southwest corner of Kukuau 1 on Waiakea, will it cut Kukuau in two?
It will not.

Will it leave Kukuau 1st cut off by Waiakea?
It will have it as given by survey of Lydgate. [Continued Part 2 page 306]
Certification: 189
Ahupua`a: Kukuau 1
District: Hilo
Island: Hawaii
Ownership: Kuniakea, Albert
Misc:
Year: 1903
Statistics: 52881 characters 9116 words
Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume A, No. 1, p. 234

Kukuau, District of Hilo
Waiaka, District of Kohala
Waikahekahe, District of Puna

Lahaina, August 4th 1873
Imua o ka Mea Hanohano R.A. Lyman, Ke Komisina Palena Aina no Ka Mokupuni o Hawaii

Owau no o ka mea nona ka inoa malalo iho nei ke noi aku nei au imua ou e hoomaopopoia a e hooiaioia na palena o ke Ahupuaa o Kukuau e waiho la ma Hilo ma ka Mokupuni o Hawaii, ame Waiaka ma Waimea Hawaii, ame Waikahekahe ma Puna, Hawaii; aka ke hooili pu aku nei au i ka Palapala Sila o Waiaka ame Waikahekahe a naui ke Komisina Palena Aina o ke Mokupuni o Hawaii e noonoo no ia mau aina a iloko oia Palapala Sila a`u e hooili aku nei ua lilo o Waiaka ia hoi Ahupuaa ma Kahu a a ua lilo no o Pahoehoe ma Kona ia hoi oia Ka mea hoakaka ia oe Komisina Palena Aina o Hawaii.

A nolaila e olelo oe i ka mea ana aina e ana.
Owau no, me Ka Mahalo,
(signed) P. Nahaolehua
Lima Hooponopono Waiwai o
Albert Kuniakea


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume B, pps 160-166

The Ahupuaa of Kukuau 1st, District of Hilo, Island of Hawaii, 3d Judicial Circuit

On this, the 16th day of December A.D. 1873, the Commission of Boundaries for the Island of Hawaii, 3d Judicial Circuit, met at the Court House in Hilo, Hawaii, on the application of P. Nahaolehua, Guardian of Albert Kuniakea for the settlement of Kukuau 1st, situated in the District of Hilo, Island of Hawaii.

Notice of hearing served by publication in the Hawaiian Gazette of [left blank] and Kuokoa of [left blank] 1873, and due notice personally served on owners or agents of adjoining lands, as far as known.

Present: E.G. Hitchcock for applicant and Crown Commissioner.

for Petition see Folio 234 Book A.

Testimony
Keikemahine, kane, sworn, I was born at Kau at the time of Niaukuni, moved to Hilo when a child and have resided here ever since; the boundaries of Kukuau were told me by old kamaaina. Kaainapau, my brother, was one of them. He lived on the land and was the cause of my coming here. All these kamaaina are now dead.

I have been a canoe builder.

Commencing at the Waialama river which belongs to both lands, the boundary runs to the head of the river at a place called Palaoa, on Kukuau 1st; thence to Pohakunui, at Kipi's place the boundary between Kukuau 1st and Waiakea is in a swail [swale] (what I call a kahawai) just outside of this place, thence to Waipio, a water hole on Kukuau 1st. The land is very narrow there. Thence to Wainaku, a pool of standing water where rushes are growing. The boundary line runs along side of Waipio, thence to Kahawa, belonging to Kukuau; thence to Holokoiki, an old planting place, mostly belonging to Waiakea; Kukuau taking only a small part of it; thence to Kukuinui, a kahawai with kukui [page 161] trees in and around the boundary running in the old road to Kaumuunumoa; thence on the road; thence still following the road to Kumuniu, an old cocoanut tree, thence up the road to Naiheakealahou, where there is a well of water and a graveyard; thence to Huawai, a bathing place belonging to Waiakea; from this place all the pahoehoe belongs to Waiakea; thence to Kuaiaina, the junction of two roads, one from Waiakea and one from Kukuau. Pahoehoe and the trees growing on it belong to Waiakea, and the ohia on the Hilo side belongs to Kukuau 1st. Thence to Haaipopolo, where the bush begins and where they used to catch birds. The forest all being on Kukuau 1st; thence the boundary runs to Kanekaulukaau, an old planting place in the woods, belonging to Waiakea. Palaa is the name of the adjoining planting place on Kukuau; thence to the Hilo side of Ohuliipe, a heiau belonging to Waiakea. This heiau is on a hill and from it you can see the sea. The boundary lines is some distance from this hill. It follows up a ridge that runs mauka and makai; and is the dividing line. It is where the painiu grows. Thence from the ridge to Nehuiki, where we used to get canoes eight fathoms long, very large koa and ohia grow together; thence to Kalaholona; thence to Kailihololei, where the bird catchers used to catch oo; thence to Muanui, another bird catchers place. This is as far as I know the boundaries of Kukuau 1st.
Cross-examined.

Kapu, kane, sworn, I know the boundaries between Waiakea and Kukuau 1st. I heard them from my parents. Koi, kane and Palau, wahine (both now dead), who were born on Waiakea. I was also with Webster when he surveyed Waiakea. He surveyed the line between Kukuau and Waiakea. His kamaaina were Kukelekai [page 162] and Kahaoleopuni, both from Kukuau 1st. There was no Waiakea kamaaina present to show boundaries. I do not know as any one was hunted up from Waiakea.

Kukelekai is dead, Kahaoleopuni is at Hamakua and is blind. That was the first time that I ever saw the boundaries. Commencing at a pile of stones on the Puna side of the Waialama river; thence to Hanalei fish pond, on Waiakea there is a strong wall between the fish pond and the river which is the boundary between the two lands; thence to Kumu, on the bank of the Waialama river; thence to Kalanakama, where the Government road to the volcano runs through the land; thence to Huia, on Kukuau, there is a small kahawai there belonging to Waiakea and the level land on the Hilo side belongs to Kukuau; thence to Upeeloa where Lauhala trees are growing. at this place there is a kahawai between the two lands that runs into Huia kahawai; thence to an old planting ground called Lohoiki. All the men that I have seen planting at this place belong to Kukuau; therefore I say this place belongs to Kukuau.

Thence to Kukuinui at the kahawai of Upeeloa (This land, kahawai runs down and enters into the other kahawai of Upeeloa). The gulch is the dividing line; thence to Kapuahi, a kaahumanu belonging to Waiakea; thence follow the ancient road to Kauunuunumoa, up to Kilohana, an old resting place; thence still up the old road to Kumuniu; thence up the road to Koumuumumoa, belonging to Waiakea; thence along old road to a place called Naiheakealahau, belonging to Waiakea; thence along to Kahueawai still following road; thence to Kaaipopolo, thence to a large ohia tree, marked W at the edge of the forest. This is as far as I went with Webster, and this is all that I saw at that time. I have been told the following From the edge of the forest the boundary runs to the Hilo side of Ohuliipe, a heiau, the woods are not very thick there, and the [page 163] painiu grows on a ridge close to the boundary. The boundary runs along the Hilo base of the ridge. I have always heard that from Ohuliipe, the land of Kukuau only run[s] to the aa, opposite to Nahuina, which is the junction of Kamana and Piihonua roads. I have been to Nahuina and know the place. It is on the old lava flow called Poohina; the flow of 1852 has flowed over it there. Kukuau is cut off by Kaamano and Waiakea. The ohia at this place is scrubby, being on the aa; below it is tall.
Cross-examined

Boundary Commission adjourned. Case continued to December the 17 instant.
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

Boundary Commission opened and case continued on the 17 of December A.D. 1873 according to adjournment from the 16th instant.

Kaaua, kane, sworn, I was born at Waiakea uka at the time of Akakai mokuakai. I know a part of the boundaries between Kukuau 1st and Waiakea. Kuakaahalawa and Keike, who were bird catchers and canoe makers and old settlers on the land, and who knew all the boundaries, told them to me. Commencingat the sea side on the Puna bank of the Waialama river, the boundary between Kukuau and Waiakea runs mauka to Kumu, a noted jumping off place and boiling springs at the head of the Wailama river; thence in a swail [swale] to Kalanakama, a place on the Government road to the volcano. The swail is on Waiakea; thence in the swail mauka to the Puna side of Kipi's yard; thence to the water hole of Waipio, belonging to Kukuau 1st; thence to Wainaku, a water hole where rushes are growing, belonging to Kukuau 1st; thence to Kahana, on Kukuau 1st, where there is a lauhala grove, aa and pahoehoe. [page 164] The boundary runs near to a swail, but the swail is on Waiakea. The old road to Kaumuumumoa is near the boundary and on Kukuau 1st the boundary running between the road and the awaawa.

Thence along this old road to Kalopoiki (I do not know as this place belongs to either land); thence along the old road to Kukuinui, where the kahawai runs on to Kukuau 1st and belongs entirely to that land, taking the name of Waiola gulch. Kukuinui is a grove of Kukui trees in the gulch; thence along the old road to Kapuahi, a kaahumanu (called so from its being an old bird ground); thence to Kilohano; thence to Pilenui; thence to Kumuniu, there leaving the old road to Koumuumumoa, the boundary runs up a branch road, that leads to Kahakauwila, and runs along said road to Mananui; one side of the road belonging to Waiakea and the other to Kukuau 1st.

Thence to Niaheakealahau where Waiakea takes all the road and Kukuau 1st is confined to the tall ohia; thence the boundary runs to the Hilo side of a bathing place called Kuawai; this place is on Kukuau 1st; thence to Kahuakamoa (in olden times a noted place for cock fighting); thence the boundary runs along the line of the old road (now used for drawing down wood) to Kuaiaina, where the roads from Kukuau and Waiakea join. The pahoehoe and trees on it belong to Waiakea, and the forest on the Hilo side to Kukuau 1st. Thence to Kaaipopolo, a place where popolo now grows.

Notes: Witness states that Mr. Webster marked a tree, on the opposite side from Kaaipopolo, as the true boundary between the two lands, but as he objected to that boundary Mr. Webster changed the survey to Kaiipopolo.

There is a large tree with a blaze on it at this place; thence to Ohuliipii, a hill on Waikea [sic]. I do not know of there being a heiau there in olden times; thence [page 165] to a place called Kanoa; thence to Mehuiki, an old canoe building place; thence to Kaileo, another canoe building spot where koa trees are growing. I have lived there; thence to Kalaiholona, a canoe building place; thence to Kailihelelei, a grove of koa trees; thence to Muanui, a great bird catching place; thence to Hoaa, the boundary is on a line with Hoaa, but the place itself is way inside of Waiakea. I have always been told that Kukuau ends at Piliiki. I do not know what other lands join above it. Opuloa, kane and Nahua (now dead) and Kaawa from Olaa were the kamaaina with Webster. Kahaole Opunui now living in Hamakua was a kamaaina of Kukuau 1st.
Cross-examined.

Puaa, kane, sworn, I know the boundaries of Kukuau 1st. I obtained my information from old kamaaina, and from having lived near there all my life. I always heard that the Waialama river is equally divided between Waiakea and Kukuau 1st.

Commencing at Kumu and from thence the boundary runs to Kalanakama; thence in a small swail [swale to the Puna side of Kipi's yard; thence to Upeeloa; thence to Kalopoiki; belonging to both lands; thence to Kapualii, a kaahumanu; thence along the old road to Nahoanaomua; thence to Kilohano; thence along the old road to Kumunui; thence to where the road branches off to Hakauwila's house; thence to Waiheakealahau, here the Pahoehoe belongs to Waiakea and the woods to Kukuau 1st; thence to Hueawai; thence along the old road to Kahuakamoa; thence still following the old road, to Kuaiaina; thence to Kupiinau, where it leaves Waiakea road and runs to Kaaipopolo. At this place the pahoehoe ends and the bush begins; thence to Kahamoule; thence to Umilehu; thence to Kanoa; thence to [page 166] Nehuiki; thence to Kailio; thence to Kailihelelei; thence to Muanui; thence to Lapanaia. To this point the boundary runs towards Kalaieha and the base of Mauna Loa. From this point it runs toward Hamakuka and Mauna Kea. From Lapanaia the boundary runs up to a point between Hoaa and Kaunuapakea where Kukuau 1st is cut off by the junction of Kaamana and Waiakea. This is all I know the boundaries of Kukuau 1st.
Cross-examined.
R.A. Layman

Decided to be as given in J.M. Lydgate's notes of survey. Certificate issued January 21, 1875.

No. 58 Folio 101, Liber I or No. 3
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

For costs see folio 105, Liber I.

For Certificate see No. 58, Folio 101, Liber I.

[note: in the following book the page number is added at the end of the word in this document, although in the original text it might be in the middle of a word]


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume 1, No. 3, pps 101-105

For Testimony of Kukuau 1st, See F ....

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.... larly to the case in question.

The lack of continuity and uniformity in the description of the boundary of Kukuau 1st on its West side, adjacent Kukuau 2nd have been covered by a study of the relations of Section 1 and 2 of boundary Certificate No. 52 of Kukuau 2nd which clearly shows the omission of the line along Land Commission Award No. 4239B Kanaina, as I have already indicated in my direct examination.

I could not professionally accept a point or fix a line on the boundary of this land and of Waiakea, without a previous determination from some known point, which i have done, and which conforms to the same points and lines along the sea beach, as shown on the Official Map of the town of Hilo.

I do not recognize the authority of either persons or officials, of arbitrarily settling upon lines or boundaries, which have the stamp of legal approval, except by means provided under the law.

Court adjourned until 1:30 p.m.

Commission of Boundaries met at 1:30 and waited until 2 p.m. for E.D. Baldwin to appear. At 2 p.m. E.D. Baldwin and Carl S. Smith appeared and argued for a continuance of the case for a few days.

Commissioner ruled that hearing go on as far as E.D. Baldwin could go today, and that then he would then hear arguments for and against a continuance of the case.
Cross questioning of A.B. Loebenstein continued by E.D. Baldwin.

Question: Has not Lydgate from a point a little [page 299] way above Front street, on the boundary of Waiakea, followed notes of survey of Waiakea made by William Webster to the lower edge of the woods?
Answer: It is given in the Boundary Certificate No. 58, land of Kukuau I but as an actual matter of fact, the lines of the Webster survey are from the woods to the sea beach and not from the beach to the woods.

Question: How did you fix the point above Front Street, that Lydgate took for his Initial point, and then adopted Webster"s survey?
Answer: I discarded that point, for the reason that the Webster survey did not reach that point, and for the further reason that the traditions, and kamaaina evidence from the Volcano Road to the sea beach are matters of record.

Question: Does not Webster"s survey tie the above point, the point in question to the Northwest corner of land of Piopio, survey of Piopio having been made by him?
Answer: It does.

Question: Then why did you disregard that distance, locating above mentioned point, when it had been located and recorded by William Webster, a reputable surveyor?
Answer: For the reason that the North West angle of Piopio, Certificate No. 29 is largely hypothetical and doubtful at this day. This being the same point as the one described in Certificate No. 29 of the Boundaries of Piopio, reading as follows: Commencing at the North West corner of Piopio at high water mark, opposite a stone marked PW &c. I have further, on repeated occasions followed out the boundaries of Piopio and have never been able to find or identify this particular point, nor been able to make it agree, either in bearing or distance with the point given by Webster on the line of Waiakea and Kukuau, and the point in question above Front Street. Had I adhered to the description I would have encroached and trespassed within boundaries of Waiakea, a land now [page 300] owned by the Government.

Question: Whenever you have had anything to do with Webster"s surveys, did you not find them as a general thing, consistent surveys as compared to other Magnetic surveys?

Answer: I have found them superior, if anything to contemporaneous surveys excepting where boundaries were contiguous to Marsh or tide lands; although as a matter of fact, the doubtful interpretations on his part were balanced by the careful descriptions of pints to which his surveys led., by giving the names of lands or the delimitations of his bearings and distances by natural monuments and land marks.

Question by Commissioner: Is the line given by you, running toward seashore form the east corner of kuleana, Kanaina Land Commission Award 4239B the same line as the one given in Certificate of Boundaries of the portion of Kukuau 2nd that is situated on the makai side of Front Street, and also the line given in the Royal Patent No. 5706, of Kukuau 2nd?
Answer: It is the identical line described the Certificate of Boundaries of Kukuau 2nd, Apana 1, and also in the Royal Patent of Kukuau 2nd.

Question by Commissioner: From the lower edge of woods to the extreme South angle on Boundary of Waiakea that is between Stations 50 and 51 - did you follow the course and distance given in notes of survey given in the old Certificate of Boundaries of Kukuau 1st?
[Answer:] I did, only changing from Magnetic bearings to true bearings and I run the present survey out on the ground.

Question by E.D. Baldwin: From Stations 46 to 47 or course 47- in your notes of survey of Boundary between lands of Kukuau 1st and 2nd, did you follow the course and distance given in the [page 301] Patent of Kukuau 2nd?
Answer: I followed the course but not the distance.

Question by Commissioner: Why did you not follow the distance given in the Patent of Kukuau 2nd?
Answer: For reasons that I have already explained in my direct evidence.
The description in Certificate No. 52 of Kukuau 2nd from a point a little above Government road, Volcano Road to upper mauka angle, had been run by Lydgate along North boundary of Kukuau 2nd to a point within land of Punahoa 2nd, an award by survey, and also patented by survey and its upper or mauka line within land of Punahoa 2nd to the South West angle, where Kukuau 2nd turns toward sea coast, the South boundary following along land of Kukuau 1st.

Within the woods and along Kukuau 1st the Certificate indicates two long lines to a point at the lower edge of the woods marked by a clump of Gingers, planted by Mr. Lydgate, and noted by him.

The fact that a portion of Kukuau 2nd encroached beyond what Mr. Lydgate should have considered its legal boundary, that is to say, the South boundary of Punahoa 2d, would vitiate any claim for that portion of it. There was therefore presented to the surveyor the problem of arriving if possible, at the original intent of Mr. Lydgate, at the time these surveys were executed in 1873 or 1874.

In the one case by the running the line out down from above, the land of Kukuau 2nd would have exhibited a width disproportionate with the plans filed by Mr. Lydgate, and seriously cutting into Kukuau 1st. While on the other hand to have run out the full distance of the line from the gingers at lower edge of woods up, would result in practically cutting [page 302] land of Kukuau 1st in two. The presentation of these facts was duly made to the owners of both Kukuau 1st and Kukuau 2nd and an expression of opinion furthermore obtained from Mr. C.J. Lyons, at that time assistant in charge of the government survey bureau. In response to which I obtained his opinion on the facts of the case.

While I did not consider this in may way authorative [sic], but as merely indicating the views held by them. I submitted the same to the respective owners of both lands. And the cutting off of the line from the gingers to the angle in the woods was duly authorized and endorsed by them. I would further add that a surveyor when confronted with questions of this nature, will exercise his judgement, as to when or when not to adhere rigidly to a given description which shows clearly in the face of it., that followed out, it would result in an absurd interpretation. It is for this reason that the South line of Kukuau 1st from the lower edge of the woods beginning at the gingers, was not altered from the original descriptions, and the line along Waiakea from there on, both the course and distance were modified to conform to the South boundary of Punahoa 2nd which boundary would naturally dominate. I would further say that there is no evidence on record to show that either the Kukuau 1st and second boundary, or the Kukuau 1st and Waiakea boundary were ever actually run out on the ground from the gingers through the woods. From the woods to the seashore there are monuments or piles of stones on both side of land.

Case continued until Friday, August 10th, 1900, at 10 a.m.
Rufus A. Lyman, Commissioner of Boundaries, 3rd & 4th Judicial Circuits, Island of Hawaii
[page 303]
Case reopened Friday, August 10th, 1900
Cross examination continued

What is bearing of your course #95?
North 31° 14" East 747.6 feet
What is Webster"s magnetic bearing?
North 32° 35" East 452 feet magnetic.

Does your bearing agree with Webster"s?
No.
What is the bearing and distance of your course #94?
North 03° 19" East 410.7 feet true.
What is Webster"s bearing?
North 4° 30" West 410 feet Magnetic.
Does your course agree with Webster"s?
It is the same course allowing for change in time.

What is the bearing of your course #93?
North 48° 55" East 362 feet True.
What are Webster"s bearing and distances from gully on Volcano Road to point near Kumu Spring?
There is no spring described in Webster"s survey.

What are the two next bearings and distances in Webster"s survey from gully on volcano Road?
North 36° 20" East 193 Magnetic
North 63° 50" East 257 feet
Does your course 93 agree with Webster"s?
It does not.

Does line from Kilohana along Waiakea to seashore run over any part of 80-81 flow.
It does
About what distance is line on said flow?
About 3550 feet by courses, 3100 feet air line.
Is that distance shown on your map?
It is.

Government asks for map. Map is exhibited and distances verified.

Was this mass of lava there when Webster run his courses?
I don"t think so.
[page 304]
Question by Commissioner. In going down from the fish pond wall toward the sea, did you find the old Iwi aina?
I did.
Of what did the iwi aina consist?
Of an old Kuauna of dirt capped by rock and stones and placed in a manner according to ancient custom.
About how far down?
Below the line of a fence which extends across Kukuau 1 above the line of Front Street.

Did you find above Front St. where Waialama had flowed toward Waiakea?
Yes.
Is it distinct?
Distinct to one who in my profession is accustomed to deal in land matter and monuments.

Did the Iwi Aina extend to it?
Yes, and beyond it toward the beach forming an angle of which one line is identical with original bank of Waialama, the other bank being the Kuauna which I described.

Did you examine and see if there were any other iwi ainas close to it going toward Waiakea and toward town?
There is another iwi aina going toward Waiakea but I did not consider it important enough to enter this controversy.
Where did it extend?
It extends towards Waiakea to near the end of course 94.
Is it a stony region?
It is not a stony region and the stones must have been quarried at some distance.
It is a stone of bluish gray appearance while the stone between Wailoa and Wailama is black and porous while this stone is denser and looks like the stone above Waiolama.

[page 305]
the time of construction of this Iwi aina and the purposes for which it was constructed are facts well known to old kamaainas and others.

How does your course 95 4un in reference to the Iwi aina?
Practically the same but having in view the elimination of short courses and distances for the purpose of better identification in the future, I abandoned a short distance from the lower end of the Kuauna, leaving it in Waiakea.

Did you ever test Webster"s survey form the road to the beach to see where his last course ended at the seashore?
I have. About 80 feet from the end of said line and due east from my Waiakea Kukuau line.

Did you ever test it running in an easterly direction to see if the Piopio line was the same?
I did, finding it practically coincident.

Does the boundary run through the Keliikolani house?
It does and is so shown on the official maps.

In starting from lower edge of woods on boundary of Kukuau 1st and 2nd as given in Royal Patent South 67° 55" west and from that angle to the extreme mauka end of land, will it run into Punahoa 2nd as patented?
It will not. I have actually located the Southwest corner of Punahoa 2nd.

If you run line between Waiakea and Kukuau 1st as certified in Certificate #58 to the extreme Southwest corner of Kukuau 1 on Waiakea, will it cut Kukuau in two?
It will not.

Will it leave Kukuau 1st cut off by Waiakea?
It will have it as given by survey of Lydgate. [Continued Part 2 page 306]
Certification: 189
Ahupua`a: Kukuau 1
District: Hilo
Island: Hawaii
Ownership: Kuniakea, Albert
Misc:
Year: 1903
Statistics: 52881 characters 9116 words
Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume A, No. 1, p. 234

Kukuau, District of Hilo
Waiaka, District of Kohala
Waikahekahe, District of Puna

Lahaina, August 4th 1873
Imua o ka Mea Hanohano R.A. Lyman, Ke Komisina Palena Aina no Ka Mokupuni o Hawaii

Owau no o ka mea nona ka inoa malalo iho nei ke noi aku nei au imua ou e hoomaopopoia a e hooiaioia na palena o ke Ahupuaa o Kukuau e waiho la ma Hilo ma ka Mokupuni o Hawaii, ame Waiaka ma Waimea Hawaii, ame Waikahekahe ma Puna, Hawaii; aka ke hooili pu aku nei au i ka Palapala Sila o Waiaka ame Waikahekahe a naui ke Komisina Palena Aina o ke Mokupuni o Hawaii e noonoo no ia mau aina a iloko oia Palapala Sila a`u e hooili aku nei ua lilo o Waiaka ia hoi Ahupuaa ma Kahu a a ua lilo no o Pahoehoe ma Kona ia hoi oia Ka mea hoakaka ia oe Komisina Palena Aina o Hawaii.

A nolaila e olelo oe i ka mea ana aina e ana.
Owau no, me Ka Mahalo,
(signed) P. Nahaolehua
Lima Hooponopono Waiwai o
Albert Kuniakea


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume B, pps 160-166

The Ahupuaa of Kukuau 1st, District of Hilo, Island of Hawaii, 3d Judicial Circuit

On this, the 16th day of December A.D. 1873, the Commission of Boundaries for the Island of Hawaii, 3d Judicial Circuit, met at the Court House in Hilo, Hawaii, on the application of P. Nahaolehua, Guardian of Albert Kuniakea for the settlement of Kukuau 1st, situated in the District of Hilo, Island of Hawaii.

Notice of hearing served by publication in the Hawaiian Gazette of [left blank] and Kuokoa of [left blank] 1873, and due notice personally served on owners or agents of adjoining lands, as far as known.

Present: E.G. Hitchcock for applicant and Crown Commissioner.

for Petition see Folio 234 Book A.

Testimony
Keikemahine, kane, sworn, I was born at Kau at the time of Niaukuni, moved to Hilo when a child and have resided here ever since; the boundaries of Kukuau were told me by old kamaaina. Kaainapau, my brother, was one of them. He lived on the land and was the cause of my coming here. All these kamaaina are now dead.

I have been a canoe builder.

Commencing at the Waialama river which belongs to both lands, the boundary runs to the head of the river at a place called Palaoa, on Kukuau 1st; thence to Pohakunui, at Kipi's place the boundary between Kukuau 1st and Waiakea is in a swail [swale] (what I call a kahawai) just outside of this place, thence to Waipio, a water hole on Kukuau 1st. The land is very narrow there. Thence to Wainaku, a pool of standing water where rushes are growing. The boundary line runs along side of Waipio, thence to Kahawa, belonging to Kukuau; thence to Holokoiki, an old planting place, mostly belonging to Waiakea; Kukuau taking only a small part of it; thence to Kukuinui, a kahawai with kukui [page 161] trees in and around the boundary running in the old road to Kaumuunumoa; thence on the road; thence still following the road to Kumuniu, an old cocoanut tree, thence up the road to Naiheakealahou, where there is a well of water and a graveyard; thence to Huawai, a bathing place belonging to Waiakea; from this place all the pahoehoe belongs to Waiakea; thence to Kuaiaina, the junction of two roads, one from Waiakea and one from Kukuau. Pahoehoe and the trees growing on it belong to Waiakea, and the ohia on the Hilo side belongs to Kukuau 1st. Thence to Haaipopolo, where the bush begins and where they used to catch birds. The forest all being on Kukuau 1st; thence the boundary runs to Kanekaulukaau, an old planting place in the woods, belonging to Waiakea. Palaa is the name of the adjoining planting place on Kukuau; thence to the Hilo side of Ohuliipe, a heiau belonging to Waiakea. This heiau is on a hill and from it you can see the sea. The boundary lines is some distance from this hill. It follows up a ridge that runs mauka and makai; and is the dividing line. It is where the painiu grows. Thence from the ridge to Nehuiki, where we used to get canoes eight fathoms long, very large koa and ohia grow together; thence to Kalaholona; thence to Kailihololei, where the bird catchers used to catch oo; thence to Muanui, another bird catchers place. This is as far as I know the boundaries of Kukuau 1st.
Cross-examined.

Kapu, kane, sworn, I know the boundaries between Waiakea and Kukuau 1st. I heard them from my parents. Koi, kane and Palau, wahine (both now dead), who were born on Waiakea. I was also with Webster when he surveyed Waiakea. He surveyed the line between Kukuau and Waiakea. His kamaaina were Kukelekai [page 162] and Kahaoleopuni, both from Kukuau 1st. There was no Waiakea kamaaina present to show boundaries. I do not know as any one was hunted up from Waiakea.

Kukelekai is dead, Kahaoleopuni is at Hamakua and is blind. That was the first time that I ever saw the boundaries. Commencing at a pile of stones on the Puna side of the Waialama river; thence to Hanalei fish pond, on Waiakea there is a strong wall between the fish pond and the river which is the boundary between the two lands; thence to Kumu, on the bank of the Waialama river; thence to Kalanakama, where the Government road to the volcano runs through the land; thence to Huia, on Kukuau, there is a small kahawai there belonging to Waiakea and the level land on the Hilo side belongs to Kukuau; thence to Upeeloa where Lauhala trees are growing. at this place there is a kahawai between the two lands that runs into Huia kahawai; thence to an old planting ground called Lohoiki. All the men that I have seen planting at this place belong to Kukuau; therefore I say this place belongs to Kukuau.

Thence to Kukuinui at the kahawai of Upeeloa (This land, kahawai runs down and enters into the other kahawai of Upeeloa). The gulch is the dividing line; thence to Kapuahi, a kaahumanu belonging to Waiakea; thence follow the ancient road to Kauunuunumoa, up to Kilohana, an old resting place; thence still up the old road to Kumuniu; thence up the road to Koumuumumoa, belonging to Waiakea; thence along old road to a place called Naiheakealahau, belonging to Waiakea; thence along to Kahueawai still following road; thence to Kaaipopolo, thence to a large ohia tree, marked W at the edge of the forest. This is as far as I went with Webster, and this is all that I saw at that time. I have been told the following From the edge of the forest the boundary runs to the Hilo side of Ohuliipe, a heiau, the woods are not very thick there, and the [page 163] painiu grows on a ridge close to the boundary. The boundary runs along the Hilo base of the ridge. I have always heard that from Ohuliipe, the land of Kukuau only run[s] to the aa, opposite to Nahuina, which is the junction of Kamana and Piihonua roads. I have been to Nahuina and know the place. It is on the old lava flow called Poohina; the flow of 1852 has flowed over it there. Kukuau is cut off by Kaamano and Waiakea. The ohia at this place is scrubby, being on the aa; below it is tall.
Cross-examined

Boundary Commission adjourned. Case continued to December the 17 instant.
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

Boundary Commission opened and case continued on the 17 of December A.D. 1873 according to adjournment from the 16th instant.

Kaaua, kane, sworn, I was born at Waiakea uka at the time of Akakai mokuakai. I know a part of the boundaries between Kukuau 1st and Waiakea. Kuakaahalawa and Keike, who were bird catchers and canoe makers and old settlers on the land, and who knew all the boundaries, told them to me. Commencingat the sea side on the Puna bank of the Waialama river, the boundary between Kukuau and Waiakea runs mauka to Kumu, a noted jumping off place and boiling springs at the head of the Wailama river; thence in a swail [swale] to Kalanakama, a place on the Government road to the volcano. The swail is on Waiakea; thence in the swail mauka to the Puna side of Kipi's yard; thence to the water hole of Waipio, belonging to Kukuau 1st; thence to Wainaku, a water hole where rushes are growing, belonging to Kukuau 1st; thence to Kahana, on Kukuau 1st, where there is a lauhala grove, aa and pahoehoe. [page 164] The boundary runs near to a swail, but the swail is on Waiakea. The old road to Kaumuumumoa is near the boundary and on Kukuau 1st the boundary running between the road and the awaawa.

Thence along this old road to Kalopoiki (I do not know as this place belongs to either land); thence along the old road to Kukuinui, where the kahawai runs on to Kukuau 1st and belongs entirely to that land, taking the name of Waiola gulch. Kukuinui is a grove of Kukui trees in the gulch; thence along the old road to Kapuahi, a kaahumanu (called so from its being an old bird ground); thence to Kilohano; thence to Pilenui; thence to Kumuniu, there leaving the old road to Koumuumumoa, the boundary runs up a branch road, that leads to Kahakauwila, and runs along said road to Mananui; one side of the road belonging to Waiakea and the other to Kukuau 1st.

Thence to Niaheakealahau where Waiakea takes all the road and Kukuau 1st is confined to the tall ohia; thence the boundary runs to the Hilo side of a bathing place called Kuawai; this place is on Kukuau 1st; thence to Kahuakamoa (in olden times a noted place for cock fighting); thence the boundary runs along the line of the old road (now used for drawing down wood) to Kuaiaina, where the roads from Kukuau and Waiakea join. The pahoehoe and trees on it belong to Waiakea, and the forest on the Hilo side to Kukuau 1st. Thence to Kaaipopolo, a place where popolo now grows.

Notes: Witness states that Mr. Webster marked a tree, on the opposite side from Kaaipopolo, as the true boundary between the two lands, but as he objected to that boundary Mr. Webster changed the survey to Kaiipopolo.

There is a large tree with a blaze on it at this place; thence to Ohuliipii, a hill on Waikea [sic]. I do not know of there being a heiau there in olden times; thence [page 165] to a place called Kanoa; thence to Mehuiki, an old canoe building place; thence to Kaileo, another canoe building spot where koa trees are growing. I have lived there; thence to Kalaiholona, a canoe building place; thence to Kailihelelei, a grove of koa trees; thence to Muanui, a great bird catching place; thence to Hoaa, the boundary is on a line with Hoaa, but the place itself is way inside of Waiakea. I have always been told that Kukuau ends at Piliiki. I do not know what other lands join above it. Opuloa, kane and Nahua (now dead) and Kaawa from Olaa were the kamaaina with Webster. Kahaole Opunui now living in Hamakua was a kamaaina of Kukuau 1st.
Cross-examined.

Puaa, kane, sworn, I know the boundaries of Kukuau 1st. I obtained my information from old kamaaina, and from having lived near there all my life. I always heard that the Waialama river is equally divided between Waiakea and Kukuau 1st.

Commencing at Kumu and from thence the boundary runs to Kalanakama; thence in a small swail [swale to the Puna side of Kipi's yard; thence to Upeeloa; thence to Kalopoiki; belonging to both lands; thence to Kapualii, a kaahumanu; thence along the old road to Nahoanaomua; thence to Kilohano; thence along the old road to Kumunui; thence to where the road branches off to Hakauwila's house; thence to Waiheakealahau, here the Pahoehoe belongs to Waiakea and the woods to Kukuau 1st; thence to Hueawai; thence along the old road to Kahuakamoa; thence still following the old road, to Kuaiaina; thence to Kupiinau, where it leaves Waiakea road and runs to Kaaipopolo. At this place the pahoehoe ends and the bush begins; thence to Kahamoule; thence to Umilehu; thence to Kanoa; thence to [page 166] Nehuiki; thence to Kailio; thence to Kailihelelei; thence to Muanui; thence to Lapanaia. To this point the boundary runs towards Kalaieha and the base of Mauna Loa. From this point it runs toward Hamakuka and Mauna Kea. From Lapanaia the boundary runs up to a point between Hoaa and Kaunuapakea where Kukuau 1st is cut off by the junction of Kaamana and Waiakea. This is all I know the boundaries of Kukuau 1st.
Cross-examined.
R.A. Layman

Decided to be as given in J.M. Lydgate's notes of survey. Certificate issued January 21, 1875.

No. 58 Folio 101, Liber I or No. 3
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

For costs see folio 105, Liber I.

For Certificate see No. 58, Folio 101, Liber I.

[note: in the following book the page number is added at the end of the word in this document, although in the original text it might be in the middle of a word]


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume 1, No. 3, pps 101-105

For Testimony of Kukuau 1st, See F ....

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.... larly to the case in question.

The lack of continuity and uniformity in the description of the boundary of Kukuau 1st on its West side, adjacent Kukuau 2nd have been covered by a study of the relations of Section 1 and 2 of boundary Certificate No. 52 of Kukuau 2nd which clearly shows the omission of the line along Land Commission Award No. 4239B Kanaina, as I have already indicated in my direct examination.

I could not professionally accept a point or fix a line on the boundary of this land and of Waiakea, without a previous determination from some known point, which i have done, and which conforms to the same points and lines along the sea beach, as shown on the Official Map of the town of Hilo.

I do not recognize the authority of either persons or officials, of arbitrarily settling upon lines or boundaries, which have the stamp of legal approval, except by means provided under the law.

Court adjourned until 1:30 p.m.

Commission of Boundaries met at 1:30 and waited until 2 p.m. for E.D. Baldwin to appear. At 2 p.m. E.D. Baldwin and Carl S. Smith appeared and argued for a continuance of the case for a few days.

Commissioner ruled that hearing go on as far as E.D. Baldwin could go today, and that then he would then hear arguments for and against a continuance of the case.
Cross questioning of A.B. Loebenstein continued by E.D. Baldwin.

Question: Has not Lydgate from a point a little [page 299] way above Front street, on the boundary of Waiakea, followed notes of survey of Waiakea made by William Webster to the lower edge of the woods?
Answer: It is given in the Boundary Certificate No. 58, land of Kukuau I but as an actual matter of fact, the lines of the Webster survey are from the woods to the sea beach and not from the beach to the woods.

Question: How did you fix the point above Front Street, that Lydgate took for his Initial point, and then adopted Webster"s survey?
Answer: I discarded that point, for the reason that the Webster survey did not reach that point, and for the further reason that the traditions, and kamaaina evidence from the Volcano Road to the sea beach are matters of record.

Question: Does not Webster"s survey tie the above point, the point in question to the Northwest corner of land of Piopio, survey of Piopio having been made by him?
Answer: It does.

Question: Then why did you disregard that distance, locating above mentioned point, when it had been located and recorded by William Webster, a reputable surveyor?
Answer: For the reason that the North West angle of Piopio, Certificate No. 29 is largely hypothetical and doubtful at this day. This being the same point as the one described in Certificate No. 29 of the Boundaries of Piopio, reading as follows: Commencing at the North West corner of Piopio at high water mark, opposite a stone marked PW &c. I have further, on repeated occasions followed out the boundaries of Piopio and have never been able to find or identify this particular point, nor been able to make it agree, either in bearing or distance with the point given by Webster on the line of Waiakea and Kukuau, and the point in question above Front Street. Had I adhered to the description I would have encroached and trespassed within boundaries of Waiakea, a land now [page 300] owned by the Government.

Question: Whenever you have had anything to do with Webster"s surveys, did you not find them as a general thing, consistent surveys as compared to other Magnetic surveys?

Answer: I have found them superior, if anything to contemporaneous surveys excepting where boundaries were contiguous to Marsh or tide lands; although as a matter of fact, the doubtful interpretations on his part were balanced by the careful descriptions of pints to which his surveys led., by giving the names of lands or the delimitations of his bearings and distances by natural monuments and land marks.

Question by Commissioner: Is the line given by you, running toward seashore form the east corner of kuleana, Kanaina Land Commission Award 4239B the same line as the one given in Certificate of Boundaries of the portion of Kukuau 2nd that is situated on the makai side of Front Street, and also the line given in the Royal Patent No. 5706, of Kukuau 2nd?
Answer: It is the identical line described the Certificate of Boundaries of Kukuau 2nd, Apana 1, and also in the Royal Patent of Kukuau 2nd.

Question by Commissioner: From the lower edge of woods to the extreme South angle on Boundary of Waiakea that is between Stations 50 and 51 - did you follow the course and distance given in notes of survey given in the old Certificate of Boundaries of Kukuau 1st?
[Answer:] I did, only changing from Magnetic bearings to true bearings and I run the present survey out on the ground.

Question by E.D. Baldwin: From Stations 46 to 47 or course 47- in your notes of survey of Boundary between lands of Kukuau 1st and 2nd, did you follow the course and distance given in the [page 301] Patent of Kukuau 2nd?
Answer: I followed the course but not the distance.

Question by Commissioner: Why did you not follow the distance given in the Patent of Kukuau 2nd?
Answer: For reasons that I have already explained in my direct evidence.
The description in Certificate No. 52 of Kukuau 2nd from a point a little above Government road, Volcano Road to upper mauka angle, had been run by Lydgate along North boundary of Kukuau 2nd to a point within land of Punahoa 2nd, an award by survey, and also patented by survey and its upper or mauka line within land of Punahoa 2nd to the South West angle, where Kukuau 2nd turns toward sea coast, the South boundary following along land of Kukuau 1st.

Within the woods and along Kukuau 1st the Certificate indicates two long lines to a point at the lower edge of the woods marked by a clump of Gingers, planted by Mr. Lydgate, and noted by him.

The fact that a portion of Kukuau 2nd encroached beyond what Mr. Lydgate should have considered its legal boundary, that is to say, the South boundary of Punahoa 2d, would vitiate any claim for that portion of it. There was therefore presented to the surveyor the problem of arriving if possible, at the original intent of Mr. Lydgate, at the time these surveys were executed in 1873 or 1874.

In the one case by the running the line out down from above, the land of Kukuau 2nd would have exhibited a width disproportionate with the plans filed by Mr. Lydgate, and seriously cutting into Kukuau 1st. While on the other hand to have run out the full distance of the line from the gingers at lower edge of woods up, would result in practically cutting [page 302] land of Kukuau 1st in two. The presentation of these facts was duly made to the owners of both Kukuau 1st and Kukuau 2nd and an expression of opinion furthermore obtained from Mr. C.J. Lyons, at that time assistant in charge of the government survey bureau. In response to which I obtained his opinion on the facts of the case.

While I did not consider this in may way authorative [sic], but as merely indicating the views held by them. I submitted the same to the respective owners of both lands. And the cutting off of the line from the gingers to the angle in the woods was duly authorized and endorsed by them. I would further add that a surveyor when confronted with questions of this nature, will exercise his judgement, as to when or when not to adhere rigidly to a given description which shows clearly in the face of it., that followed out, it would result in an absurd interpretation. It is for this reason that the South line of Kukuau 1st from the lower edge of the woods beginning at the gingers, was not altered from the original descriptions, and the line along Waiakea from there on, both the course and distance were modified to conform to the South boundary of Punahoa 2nd which boundary would naturally dominate. I would further say that there is no evidence on record to show that either the Kukuau 1st and second boundary, or the Kukuau 1st and Waiakea boundary were ever actually run out on the ground from the gingers through the woods. From the woods to the seashore there are monuments or piles of stones on both side of land.

Case continued until Friday, August 10th, 1900, at 10 a.m.
Rufus A. Lyman, Commissioner of Boundaries, 3rd & 4th Judicial Circuits, Island of Hawaii
[page 303]
Case reopened Friday, August 10th, 1900
Cross examination continued

What is bearing of your course #95?
North 31° 14" East 747.6 feet
What is Webster"s magnetic bearing?
North 32° 35" East 452 feet magnetic.

Does your bearing agree with Webster"s?
No.
What is the bearing and distance of your course #94?
North 03° 19" East 410.7 feet true.
What is Webster"s bearing?
North 4° 30" West 410 feet Magnetic.
Does your course agree with Webster"s?
It is the same course allowing for change in time.

What is the bearing of your course #93?
North 48° 55" East 362 feet True.
What are Webster"s bearing and distances from gully on Volcano Road to point near Kumu Spring?
There is no spring described in Webster"s survey.

What are the two next bearings and distances in Webster"s survey from gully on volcano Road?
North 36° 20" East 193 Magnetic
North 63° 50" East 257 feet
Does your course 93 agree with Webster"s?
It does not.

Does line from Kilohana along Waiakea to seashore run over any part of 80-81 flow.
It does
About what distance is line on said flow?
About 3550 feet by courses, 3100 feet air line.
Is that distance shown on your map?
It is.

Government asks for map. Map is exhibited and distances verified.

Was this mass of lava there when Webster run his courses?
I don"t think so.
[page 304]
Question by Commissioner. In going down from the fish pond wall toward the sea, did you find the old Iwi aina?
I did.
Of what did the iwi aina consist?
Of an old Kuauna of dirt capped by rock and stones and placed in a manner according to ancient custom.
About how far down?
Below the line of a fence which extends across Kukuau 1 above the line of Front Street.

Did you find above Front St. where Waialama had flowed toward Waiakea?
Yes.
Is it distinct?
Distinct to one who in my profession is accustomed to deal in land matter and monuments.

Did the Iwi Aina extend to it?
Yes, and beyond it toward the beach forming an angle of which one line is identical with original bank of Waialama, the other bank being the Kuauna which I described.

Did you examine and see if there were any other iwi ainas close to it going toward Waiakea and toward town?
There is another iwi aina going toward Waiakea but I did not consider it important enough to enter this controversy.
Where did it extend?
It extends towards Waiakea to near the end of course 94.
Is it a stony region?
It is not a stony region and the stones must have been quarried at some distance.
It is a stone of bluish gray appearance while the stone between Wailoa and Wailama is black and porous while this stone is denser and looks like the stone above Waiolama.

[page 305]
the time of construction of this Iwi aina and the purposes for which it was constructed are facts well known to old kamaainas and others.

How does your course 95 4un in reference to the Iwi aina?
Practically the same but having in view the elimination of short courses and distances for the purpose of better identification in the future, I abandoned a short distance from the lower end of the Kuauna, leaving it in Waiakea.

Did you ever test Webster"s survey form the road to the beach to see where his last course ended at the seashore?
I have. About 80 feet from the end of said line and due east from my Waiakea Kukuau line.

Did you ever test it running in an easterly direction to see if the Piopio line was the same?
I did, finding it practically coincident.

Does the boundary run through the Keliikolani house?
It does and is so shown on the official maps.

In starting from lower edge of woods on boundary of Kukuau 1st and 2nd as given in Royal Patent South 67° 55" west and from that angle to the extreme mauka end of land, will it run into Punahoa 2nd as patented?
It will not. I have actually located the Southwest corner of Punahoa 2nd.

If you run line between Waiakea and Kukuau 1st as certified in Certificate #58 to the extreme Southwest corner of Kukuau 1 on Waiakea, will it cut Kukuau in two?
It will not.

Will it leave Kukuau 1st cut off by Waiakea?
It will have it as given by survey of Lydgate. [Continued Part 2 page 306]
Certification: 189
Ahupua`a: Kukuau 1
District: Hilo
Island: Hawaii
Ownership: Kuniakea, Albert
Misc:
Year: 1903
Statistics: 52881 characters 9116 words
Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume A, No. 1, p. 234

Kukuau, District of Hilo
Waiaka, District of Kohala
Waikahekahe, District of Puna

Lahaina, August 4th 1873
Imua o ka Mea Hanohano R.A. Lyman, Ke Komisina Palena Aina no Ka Mokupuni o Hawaii

Owau no o ka mea nona ka inoa malalo iho nei ke noi aku nei au imua ou e hoomaopopoia a e hooiaioia na palena o ke Ahupuaa o Kukuau e waiho la ma Hilo ma ka Mokupuni o Hawaii, ame Waiaka ma Waimea Hawaii, ame Waikahekahe ma Puna, Hawaii; aka ke hooili pu aku nei au i ka Palapala Sila o Waiaka ame Waikahekahe a naui ke Komisina Palena Aina o ke Mokupuni o Hawaii e noonoo no ia mau aina a iloko oia Palapala Sila a`u e hooili aku nei ua lilo o Waiaka ia hoi Ahupuaa ma Kahu a a ua lilo no o Pahoehoe ma Kona ia hoi oia Ka mea hoakaka ia oe Komisina Palena Aina o Hawaii.

A nolaila e olelo oe i ka mea ana aina e ana.
Owau no, me Ka Mahalo,
(signed) P. Nahaolehua
Lima Hooponopono Waiwai o
Albert Kuniakea


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume B, pps 160-166

The Ahupuaa of Kukuau 1st, District of Hilo, Island of Hawaii, 3d Judicial Circuit

On this, the 16th day of December A.D. 1873, the Commission of Boundaries for the Island of Hawaii, 3d Judicial Circuit, met at the Court House in Hilo, Hawaii, on the application of P. Nahaolehua, Guardian of Albert Kuniakea for the settlement of Kukuau 1st, situated in the District of Hilo, Island of Hawaii.

Notice of hearing served by publication in the Hawaiian Gazette of [left blank] and Kuokoa of [left blank] 1873, and due notice personally served on owners or agents of adjoining lands, as far as known.

Present: E.G. Hitchcock for applicant and Crown Commissioner.

for Petition see Folio 234 Book A.

Testimony
Keikemahine, kane, sworn, I was born at Kau at the time of Niaukuni, moved to Hilo when a child and have resided here ever since; the boundaries of Kukuau were told me by old kamaaina. Kaainapau, my brother, was one of them. He lived on the land and was the cause of my coming here. All these kamaaina are now dead.

I have been a canoe builder.

Commencing at the Waialama river which belongs to both lands, the boundary runs to the head of the river at a place called Palaoa, on Kukuau 1st; thence to Pohakunui, at Kipi's place the boundary between Kukuau 1st and Waiakea is in a swail [swale] (what I call a kahawai) just outside of this place, thence to Waipio, a water hole on Kukuau 1st. The land is very narrow there. Thence to Wainaku, a pool of standing water where rushes are growing. The boundary line runs along side of Waipio, thence to Kahawa, belonging to Kukuau; thence to Holokoiki, an old planting place, mostly belonging to Waiakea; Kukuau taking only a small part of it; thence to Kukuinui, a kahawai with kukui [page 161] trees in and around the boundary running in the old road to Kaumuunumoa; thence on the road; thence still following the road to Kumuniu, an old cocoanut tree, thence up the road to Naiheakealahou, where there is a well of water and a graveyard; thence to Huawai, a bathing place belonging to Waiakea; from this place all the pahoehoe belongs to Waiakea; thence to Kuaiaina, the junction of two roads, one from Waiakea and one from Kukuau. Pahoehoe and the trees growing on it belong to Waiakea, and the ohia on the Hilo side belongs to Kukuau 1st. Thence to Haaipopolo, where the bush begins and where they used to catch birds. The forest all being on Kukuau 1st; thence the boundary runs to Kanekaulukaau, an old planting place in the woods, belonging to Waiakea. Palaa is the name of the adjoining planting place on Kukuau; thence to the Hilo side of Ohuliipe, a heiau belonging to Waiakea. This heiau is on a hill and from it you can see the sea. The boundary lines is some distance from this hill. It follows up a ridge that runs mauka and makai; and is the dividing line. It is where the painiu grows. Thence from the ridge to Nehuiki, where we used to get canoes eight fathoms long, very large koa and ohia grow together; thence to Kalaholona; thence to Kailihololei, where the bird catchers used to catch oo; thence to Muanui, another bird catchers place. This is as far as I know the boundaries of Kukuau 1st.
Cross-examined.

Kapu, kane, sworn, I know the boundaries between Waiakea and Kukuau 1st. I heard them from my parents. Koi, kane and Palau, wahine (both now dead), who were born on Waiakea. I was also with Webster when he surveyed Waiakea. He surveyed the line between Kukuau and Waiakea. His kamaaina were Kukelekai [page 162] and Kahaoleopuni, both from Kukuau 1st. There was no Waiakea kamaaina present to show boundaries. I do not know as any one was hunted up from Waiakea.

Kukelekai is dead, Kahaoleopuni is at Hamakua and is blind. That was the first time that I ever saw the boundaries. Commencing at a pile of stones on the Puna side of the Waialama river; thence to Hanalei fish pond, on Waiakea there is a strong wall between the fish pond and the river which is the boundary between the two lands; thence to Kumu, on the bank of the Waialama river; thence to Kalanakama, where the Government road to the volcano runs through the land; thence to Huia, on Kukuau, there is a small kahawai there belonging to Waiakea and the level land on the Hilo side belongs to Kukuau; thence to Upeeloa where Lauhala trees are growing. at this place there is a kahawai between the two lands that runs into Huia kahawai; thence to an old planting ground called Lohoiki. All the men that I have seen planting at this place belong to Kukuau; therefore I say this place belongs to Kukuau.

Thence to Kukuinui at the kahawai of Upeeloa (This land, kahawai runs down and enters into the other kahawai of Upeeloa). The gulch is the dividing line; thence to Kapuahi, a kaahumanu belonging to Waiakea; thence follow the ancient road to Kauunuunumoa, up to Kilohana, an old resting place; thence still up the old road to Kumuniu; thence up the road to Koumuumumoa, belonging to Waiakea; thence along old road to a place called Naiheakealahau, belonging to Waiakea; thence along to Kahueawai still following road; thence to Kaaipopolo, thence to a large ohia tree, marked W at the edge of the forest. This is as far as I went with Webster, and this is all that I saw at that time. I have been told the following From the edge of the forest the boundary runs to the Hilo side of Ohuliipe, a heiau, the woods are not very thick there, and the [page 163] painiu grows on a ridge close to the boundary. The boundary runs along the Hilo base of the ridge. I have always heard that from Ohuliipe, the land of Kukuau only run[s] to the aa, opposite to Nahuina, which is the junction of Kamana and Piihonua roads. I have been to Nahuina and know the place. It is on the old lava flow called Poohina; the flow of 1852 has flowed over it there. Kukuau is cut off by Kaamano and Waiakea. The ohia at this place is scrubby, being on the aa; below it is tall.
Cross-examined

Boundary Commission adjourned. Case continued to December the 17 instant.
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

Boundary Commission opened and case continued on the 17 of December A.D. 1873 according to adjournment from the 16th instant.

Kaaua, kane, sworn, I was born at Waiakea uka at the time of Akakai mokuakai. I know a part of the boundaries between Kukuau 1st and Waiakea. Kuakaahalawa and Keike, who were bird catchers and canoe makers and old settlers on the land, and who knew all the boundaries, told them to me. Commencingat the sea side on the Puna bank of the Waialama river, the boundary between Kukuau and Waiakea runs mauka to Kumu, a noted jumping off place and boiling springs at the head of the Wailama river; thence in a swail [swale] to Kalanakama, a place on the Government road to the volcano. The swail is on Waiakea; thence in the swail mauka to the Puna side of Kipi's yard; thence to the water hole of Waipio, belonging to Kukuau 1st; thence to Wainaku, a water hole where rushes are growing, belonging to Kukuau 1st; thence to Kahana, on Kukuau 1st, where there is a lauhala grove, aa and pahoehoe. [page 164] The boundary runs near to a swail, but the swail is on Waiakea. The old road to Kaumuumumoa is near the boundary and on Kukuau 1st the boundary running between the road and the awaawa.

Thence along this old road to Kalopoiki (I do not know as this place belongs to either land); thence along the old road to Kukuinui, where the kahawai runs on to Kukuau 1st and belongs entirely to that land, taking the name of Waiola gulch. Kukuinui is a grove of Kukui trees in the gulch; thence along the old road to Kapuahi, a kaahumanu (called so from its being an old bird ground); thence to Kilohano; thence to Pilenui; thence to Kumuniu, there leaving the old road to Koumuumumoa, the boundary runs up a branch road, that leads to Kahakauwila, and runs along said road to Mananui; one side of the road belonging to Waiakea and the other to Kukuau 1st.

Thence to Niaheakealahau where Waiakea takes all the road and Kukuau 1st is confined to the tall ohia; thence the boundary runs to the Hilo side of a bathing place called Kuawai; this place is on Kukuau 1st; thence to Kahuakamoa (in olden times a noted place for cock fighting); thence the boundary runs along the line of the old road (now used for drawing down wood) to Kuaiaina, where the roads from Kukuau and Waiakea join. The pahoehoe and trees on it belong to Waiakea, and the forest on the Hilo side to Kukuau 1st. Thence to Kaaipopolo, a place where popolo now grows.

Notes: Witness states that Mr. Webster marked a tree, on the opposite side from Kaaipopolo, as the true boundary between the two lands, but as he objected to that boundary Mr. Webster changed the survey to Kaiipopolo.

There is a large tree with a blaze on it at this place; thence to Ohuliipii, a hill on Waikea [sic]. I do not know of there being a heiau there in olden times; thence [page 165] to a place called Kanoa; thence to Mehuiki, an old canoe building place; thence to Kaileo, another canoe building spot where koa trees are growing. I have lived there; thence to Kalaiholona, a canoe building place; thence to Kailihelelei, a grove of koa trees; thence to Muanui, a great bird catching place; thence to Hoaa, the boundary is on a line with Hoaa, but the place itself is way inside of Waiakea. I have always been told that Kukuau ends at Piliiki. I do not know what other lands join above it. Opuloa, kane and Nahua (now dead) and Kaawa from Olaa were the kamaaina with Webster. Kahaole Opunui now living in Hamakua was a kamaaina of Kukuau 1st.
Cross-examined.

Puaa, kane, sworn, I know the boundaries of Kukuau 1st. I obtained my information from old kamaaina, and from having lived near there all my life. I always heard that the Waialama river is equally divided between Waiakea and Kukuau 1st.

Commencing at Kumu and from thence the boundary runs to Kalanakama; thence in a small swail [swale to the Puna side of Kipi's yard; thence to Upeeloa; thence to Kalopoiki; belonging to both lands; thence to Kapualii, a kaahumanu; thence along the old road to Nahoanaomua; thence to Kilohano; thence along the old road to Kumunui; thence to where the road branches off to Hakauwila's house; thence to Waiheakealahau, here the Pahoehoe belongs to Waiakea and the woods to Kukuau 1st; thence to Hueawai; thence along the old road to Kahuakamoa; thence still following the old road, to Kuaiaina; thence to Kupiinau, where it leaves Waiakea road and runs to Kaaipopolo. At this place the pahoehoe ends and the bush begins; thence to Kahamoule; thence to Umilehu; thence to Kanoa; thence to [page 166] Nehuiki; thence to Kailio; thence to Kailihelelei; thence to Muanui; thence to Lapanaia. To this point the boundary runs towards Kalaieha and the base of Mauna Loa. From this point it runs toward Hamakuka and Mauna Kea. From Lapanaia the boundary runs up to a point between Hoaa and Kaunuapakea where Kukuau 1st is cut off by the junction of Kaamana and Waiakea. This is all I know the boundaries of Kukuau 1st.
Cross-examined.
R.A. Layman

Decided to be as given in J.M. Lydgate's notes of survey. Certificate issued January 21, 1875.

No. 58 Folio 101, Liber I or No. 3
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

For costs see folio 105, Liber I.

For Certificate see No. 58, Folio 101, Liber I.

[note: in the following book the page number is added at the end of the word in this document, although in the original text it might be in the middle of a word]


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume 1, No. 3, pps 101-105

For Testimony of Kukuau 1st, See F ....

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.... larly to the case in question.

The lack of continuity and uniformity in the description of the boundary of Kukuau 1st on its West side, adjacent Kukuau 2nd have been covered by a study of the relations of Section 1 and 2 of boundary Certificate No. 52 of Kukuau 2nd which clearly shows the omission of the line along Land Commission Award No. 4239B Kanaina, as I have already indicated in my direct examination.

I could not professionally accept a point or fix a line on the boundary of this land and of Waiakea, without a previous determination from some known point, which i have done, and which conforms to the same points and lines along the sea beach, as shown on the Official Map of the town of Hilo.

I do not recognize the authority of either persons or officials, of arbitrarily settling upon lines or boundaries, which have the stamp of legal approval, except by means provided under the law.

Court adjourned until 1:30 p.m.

Commission of Boundaries met at 1:30 and waited until 2 p.m. for E.D. Baldwin to appear. At 2 p.m. E.D. Baldwin and Carl S. Smith appeared and argued for a continuance of the case for a few days.

Commissioner ruled that hearing go on as far as E.D. Baldwin could go today, and that then he would then hear arguments for and against a continuance of the case.
Cross questioning of A.B. Loebenstein continued by E.D. Baldwin.

Question: Has not Lydgate from a point a little [page 299] way above Front street, on the boundary of Waiakea, followed notes of survey of Waiakea made by William Webster to the lower edge of the woods?
Answer: It is given in the Boundary Certificate No. 58, land of Kukuau I but as an actual matter of fact, the lines of the Webster survey are from the woods to the sea beach and not from the beach to the woods.

Question: How did you fix the point above Front Street, that Lydgate took for his Initial point, and then adopted Webster"s survey?
Answer: I discarded that point, for the reason that the Webster survey did not reach that point, and for the further reason that the traditions, and kamaaina evidence from the Volcano Road to the sea beach are matters of record.

Question: Does not Webster"s survey tie the above point, the point in question to the Northwest corner of land of Piopio, survey of Piopio having been made by him?
Answer: It does.

Question: Then why did you disregard that distance, locating above mentioned point, when it had been located and recorded by William Webster, a reputable surveyor?
Answer: For the reason that the North West angle of Piopio, Certificate No. 29 is largely hypothetical and doubtful at this day. This being the same point as the one described in Certificate No. 29 of the Boundaries of Piopio, reading as follows: Commencing at the North West corner of Piopio at high water mark, opposite a stone marked PW &c. I have further, on repeated occasions followed out the boundaries of Piopio and have never been able to find or identify this particular point, nor been able to make it agree, either in bearing or distance with the point given by Webster on the line of Waiakea and Kukuau, and the point in question above Front Street. Had I adhered to the description I would have encroached and trespassed within boundaries of Waiakea, a land now [page 300] owned by the Government.

Question: Whenever you have had anything to do with Webster"s surveys, did you not find them as a general thing, consistent surveys as compared to other Magnetic surveys?

Answer: I have found them superior, if anything to contemporaneous surveys excepting where boundaries were contiguous to Marsh or tide lands; although as a matter of fact, the doubtful interpretations on his part were balanced by the careful descriptions of pints to which his surveys led., by giving the names of lands or the delimitations of his bearings and distances by natural monuments and land marks.

Question by Commissioner: Is the line given by you, running toward seashore form the east corner of kuleana, Kanaina Land Commission Award 4239B the same line as the one given in Certificate of Boundaries of the portion of Kukuau 2nd that is situated on the makai side of Front Street, and also the line given in the Royal Patent No. 5706, of Kukuau 2nd?
Answer: It is the identical line described the Certificate of Boundaries of Kukuau 2nd, Apana 1, and also in the Royal Patent of Kukuau 2nd.

Question by Commissioner: From the lower edge of woods to the extreme South angle on Boundary of Waiakea that is between Stations 50 and 51 - did you follow the course and distance given in notes of survey given in the old Certificate of Boundaries of Kukuau 1st?
[Answer:] I did, only changing from Magnetic bearings to true bearings and I run the present survey out on the ground.

Question by E.D. Baldwin: From Stations 46 to 47 or course 47- in your notes of survey of Boundary between lands of Kukuau 1st and 2nd, did you follow the course and distance given in the [page 301] Patent of Kukuau 2nd?
Answer: I followed the course but not the distance.

Question by Commissioner: Why did you not follow the distance given in the Patent of Kukuau 2nd?
Answer: For reasons that I have already explained in my direct evidence.
The description in Certificate No. 52 of Kukuau 2nd from a point a little above Government road, Volcano Road to upper mauka angle, had been run by Lydgate along North boundary of Kukuau 2nd to a point within land of Punahoa 2nd, an award by survey, and also patented by survey and its upper or mauka line within land of Punahoa 2nd to the South West angle, where Kukuau 2nd turns toward sea coast, the South boundary following along land of Kukuau 1st.

Within the woods and along Kukuau 1st the Certificate indicates two long lines to a point at the lower edge of the woods marked by a clump of Gingers, planted by Mr. Lydgate, and noted by him.

The fact that a portion of Kukuau 2nd encroached beyond what Mr. Lydgate should have considered its legal boundary, that is to say, the South boundary of Punahoa 2d, would vitiate any claim for that portion of it. There was therefore presented to the surveyor the problem of arriving if possible, at the original intent of Mr. Lydgate, at the time these surveys were executed in 1873 or 1874.

In the one case by the running the line out down from above, the land of Kukuau 2nd would have exhibited a width disproportionate with the plans filed by Mr. Lydgate, and seriously cutting into Kukuau 1st. While on the other hand to have run out the full distance of the line from the gingers at lower edge of woods up, would result in practically cutting [page 302] land of Kukuau 1st in two. The presentation of these facts was duly made to the owners of both Kukuau 1st and Kukuau 2nd and an expression of opinion furthermore obtained from Mr. C.J. Lyons, at that time assistant in charge of the government survey bureau. In response to which I obtained his opinion on the facts of the case.

While I did not consider this in may way authorative [sic], but as merely indicating the views held by them. I submitted the same to the respective owners of both lands. And the cutting off of the line from the gingers to the angle in the woods was duly authorized and endorsed by them. I would further add that a surveyor when confronted with questions of this nature, will exercise his judgement, as to when or when not to adhere rigidly to a given description which shows clearly in the face of it., that followed out, it would result in an absurd interpretation. It is for this reason that the South line of Kukuau 1st from the lower edge of the woods beginning at the gingers, was not altered from the original descriptions, and the line along Waiakea from there on, both the course and distance were modified to conform to the South boundary of Punahoa 2nd which boundary would naturally dominate. I would further say that there is no evidence on record to show that either the Kukuau 1st and second boundary, or the Kukuau 1st and Waiakea boundary were ever actually run out on the ground from the gingers through the woods. From the woods to the seashore there are monuments or piles of stones on both side of land.

Case continued until Friday, August 10th, 1900, at 10 a.m.
Rufus A. Lyman, Commissioner of Boundaries, 3rd & 4th Judicial Circuits, Island of Hawaii
[page 303]
Case reopened Friday, August 10th, 1900
Cross examination continued

What is bearing of your course #95?
North 31° 14" East 747.6 feet
What is Webster"s magnetic bearing?
North 32° 35" East 452 feet magnetic.

Does your bearing agree with Webster"s?
No.
What is the bearing and distance of your course #94?
North 03° 19" East 410.7 feet true.
What is Webster"s bearing?
North 4° 30" West 410 feet Magnetic.
Does your course agree with Webster"s?
It is the same course allowing for change in time.

What is the bearing of your course #93?
North 48° 55" East 362 feet True.
What are Webster"s bearing and distances from gully on Volcano Road to point near Kumu Spring?
There is no spring described in Webster"s survey.

What are the two next bearings and distances in Webster"s survey from gully on volcano Road?
North 36° 20" East 193 Magnetic
North 63° 50" East 257 feet
Does your course 93 agree with Webster"s?
It does not.

Does line from Kilohana along Waiakea to seashore run over any part of 80-81 flow.
It does
About what distance is line on said flow?
About 3550 feet by courses, 3100 feet air line.
Is that distance shown on your map?
It is.

Government asks for map. Map is exhibited and distances verified.

Was this mass of lava there when Webster run his courses?
I don"t think so.
[page 304]
Question by Commissioner. In going down from the fish pond wall toward the sea, did you find the old Iwi aina?
I did.
Of what did the iwi aina consist?
Of an old Kuauna of dirt capped by rock and stones and placed in a manner according to ancient custom.
About how far down?
Below the line of a fence which extends across Kukuau 1 above the line of Front Street.

Did you find above Front St. where Waialama had flowed toward Waiakea?
Yes.
Is it distinct?
Distinct to one who in my profession is accustomed to deal in land matter and monuments.

Did the Iwi Aina extend to it?
Yes, and beyond it toward the beach forming an angle of which one line is identical with original bank of Waialama, the other bank being the Kuauna which I described.

Did you examine and see if there were any other iwi ainas close to it going toward Waiakea and toward town?
There is another iwi aina going toward Waiakea but I did not consider it important enough to enter this controversy.
Where did it extend?
It extends towards Waiakea to near the end of course 94.
Is it a stony region?
It is not a stony region and the stones must have been quarried at some distance.
It is a stone of bluish gray appearance while the stone between Wailoa and Wailama is black and porous while this stone is denser and looks like the stone above Waiolama.

[page 305]
the time of construction of this Iwi aina and the purposes for which it was constructed are facts well known to old kamaainas and others.

How does your course 95 4un in reference to the Iwi aina?
Practically the same but having in view the elimination of short courses and distances for the purpose of better identification in the future, I abandoned a short distance from the lower end of the Kuauna, leaving it in Waiakea.

Did you ever test Webster"s survey form the road to the beach to see where his last course ended at the seashore?
I have. About 80 feet from the end of said line and due east from my Waiakea Kukuau line.

Did you ever test it running in an easterly direction to see if the Piopio line was the same?
I did, finding it practically coincident.

Does the boundary run through the Keliikolani house?
It does and is so shown on the official maps.

In starting from lower edge of woods on boundary of Kukuau 1st and 2nd as given in Royal Patent South 67° 55" west and from that angle to the extreme mauka end of land, will it run into Punahoa 2nd as patented?
It will not. I have actually located the Southwest corner of Punahoa 2nd.

If you run line between Waiakea and Kukuau 1st as certified in Certificate #58 to the extreme Southwest corner of Kukuau 1 on Waiakea, will it cut Kukuau in two?
It will not.

Will it leave Kukuau 1st cut off by Waiakea?
It will have it as given by survey of Lydgate. [Continued Part 2 page 306]
Certification: 189
Ahupua`a: Kukuau 1
District: Hilo
Island: Hawaii
Ownership: Kuniakea, Albert
Misc:
Year: 1903
Statistics: 52881 characters 9116 words
Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume A, No. 1, p. 234

Kukuau, District of Hilo
Waiaka, District of Kohala
Waikahekahe, District of Puna

Lahaina, August 4th 1873
Imua o ka Mea Hanohano R.A. Lyman, Ke Komisina Palena Aina no Ka Mokupuni o Hawaii

Owau no o ka mea nona ka inoa malalo iho nei ke noi aku nei au imua ou e hoomaopopoia a e hooiaioia na palena o ke Ahupuaa o Kukuau e waiho la ma Hilo ma ka Mokupuni o Hawaii, ame Waiaka ma Waimea Hawaii, ame Waikahekahe ma Puna, Hawaii; aka ke hooili pu aku nei au i ka Palapala Sila o Waiaka ame Waikahekahe a naui ke Komisina Palena Aina o ke Mokupuni o Hawaii e noonoo no ia mau aina a iloko oia Palapala Sila a`u e hooili aku nei ua lilo o Waiaka ia hoi Ahupuaa ma Kahu a a ua lilo no o Pahoehoe ma Kona ia hoi oia Ka mea hoakaka ia oe Komisina Palena Aina o Hawaii.

A nolaila e olelo oe i ka mea ana aina e ana.
Owau no, me Ka Mahalo,
(signed) P. Nahaolehua
Lima Hooponopono Waiwai o
Albert Kuniakea


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume B, pps 160-166

The Ahupuaa of Kukuau 1st, District of Hilo, Island of Hawaii, 3d Judicial Circuit

On this, the 16th day of December A.D. 1873, the Commission of Boundaries for the Island of Hawaii, 3d Judicial Circuit, met at the Court House in Hilo, Hawaii, on the application of P. Nahaolehua, Guardian of Albert Kuniakea for the settlement of Kukuau 1st, situated in the District of Hilo, Island of Hawaii.

Notice of hearing served by publication in the Hawaiian Gazette of [left blank] and Kuokoa of [left blank] 1873, and due notice personally served on owners or agents of adjoining lands, as far as known.

Present: E.G. Hitchcock for applicant and Crown Commissioner.

for Petition see Folio 234 Book A.

Testimony
Keikemahine, kane, sworn, I was born at Kau at the time of Niaukuni, moved to Hilo when a child and have resided here ever since; the boundaries of Kukuau were told me by old kamaaina. Kaainapau, my brother, was one of them. He lived on the land and was the cause of my coming here. All these kamaaina are now dead.

I have been a canoe builder.

Commencing at the Waialama river which belongs to both lands, the boundary runs to the head of the river at a place called Palaoa, on Kukuau 1st; thence to Pohakunui, at Kipi's place the boundary between Kukuau 1st and Waiakea is in a swail [swale] (what I call a kahawai) just outside of this place, thence to Waipio, a water hole on Kukuau 1st. The land is very narrow there. Thence to Wainaku, a pool of standing water where rushes are growing. The boundary line runs along side of Waipio, thence to Kahawa, belonging to Kukuau; thence to Holokoiki, an old planting place, mostly belonging to Waiakea; Kukuau taking only a small part of it; thence to Kukuinui, a kahawai with kukui [page 161] trees in and around the boundary running in the old road to Kaumuunumoa; thence on the road; thence still following the road to Kumuniu, an old cocoanut tree, thence up the road to Naiheakealahou, where there is a well of water and a graveyard; thence to Huawai, a bathing place belonging to Waiakea; from this place all the pahoehoe belongs to Waiakea; thence to Kuaiaina, the junction of two roads, one from Waiakea and one from Kukuau. Pahoehoe and the trees growing on it belong to Waiakea, and the ohia on the Hilo side belongs to Kukuau 1st. Thence to Haaipopolo, where the bush begins and where they used to catch birds. The forest all being on Kukuau 1st; thence the boundary runs to Kanekaulukaau, an old planting place in the woods, belonging to Waiakea. Palaa is the name of the adjoining planting place on Kukuau; thence to the Hilo side of Ohuliipe, a heiau belonging to Waiakea. This heiau is on a hill and from it you can see the sea. The boundary lines is some distance from this hill. It follows up a ridge that runs mauka and makai; and is the dividing line. It is where the painiu grows. Thence from the ridge to Nehuiki, where we used to get canoes eight fathoms long, very large koa and ohia grow together; thence to Kalaholona; thence to Kailihololei, where the bird catchers used to catch oo; thence to Muanui, another bird catchers place. This is as far as I know the boundaries of Kukuau 1st.
Cross-examined.

Kapu, kane, sworn, I know the boundaries between Waiakea and Kukuau 1st. I heard them from my parents. Koi, kane and Palau, wahine (both now dead), who were born on Waiakea. I was also with Webster when he surveyed Waiakea. He surveyed the line between Kukuau and Waiakea. His kamaaina were Kukelekai [page 162] and Kahaoleopuni, both from Kukuau 1st. There was no Waiakea kamaaina present to show boundaries. I do not know as any one was hunted up from Waiakea.

Kukelekai is dead, Kahaoleopuni is at Hamakua and is blind. That was the first time that I ever saw the boundaries. Commencing at a pile of stones on the Puna side of the Waialama river; thence to Hanalei fish pond, on Waiakea there is a strong wall between the fish pond and the river which is the boundary between the two lands; thence to Kumu, on the bank of the Waialama river; thence to Kalanakama, where the Government road to the volcano runs through the land; thence to Huia, on Kukuau, there is a small kahawai there belonging to Waiakea and the level land on the Hilo side belongs to Kukuau; thence to Upeeloa where Lauhala trees are growing. at this place there is a kahawai between the two lands that runs into Huia kahawai; thence to an old planting ground called Lohoiki. All the men that I have seen planting at this place belong to Kukuau; therefore I say this place belongs to Kukuau.

Thence to Kukuinui at the kahawai of Upeeloa (This land, kahawai runs down and enters into the other kahawai of Upeeloa). The gulch is the dividing line; thence to Kapuahi, a kaahumanu belonging to Waiakea; thence follow the ancient road to Kauunuunumoa, up to Kilohana, an old resting place; thence still up the old road to Kumuniu; thence up the road to Koumuumumoa, belonging to Waiakea; thence along old road to a place called Naiheakealahau, belonging to Waiakea; thence along to Kahueawai still following road; thence to Kaaipopolo, thence to a large ohia tree, marked W at the edge of the forest. This is as far as I went with Webster, and this is all that I saw at that time. I have been told the following From the edge of the forest the boundary runs to the Hilo side of Ohuliipe, a heiau, the woods are not very thick there, and the [page 163] painiu grows on a ridge close to the boundary. The boundary runs along the Hilo base of the ridge. I have always heard that from Ohuliipe, the land of Kukuau only run[s] to the aa, opposite to Nahuina, which is the junction of Kamana and Piihonua roads. I have been to Nahuina and know the place. It is on the old lava flow called Poohina; the flow of 1852 has flowed over it there. Kukuau is cut off by Kaamano and Waiakea. The ohia at this place is scrubby, being on the aa; below it is tall.
Cross-examined

Boundary Commission adjourned. Case continued to December the 17 instant.
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

Boundary Commission opened and case continued on the 17 of December A.D. 1873 according to adjournment from the 16th instant.

Kaaua, kane, sworn, I was born at Waiakea uka at the time of Akakai mokuakai. I know a part of the boundaries between Kukuau 1st and Waiakea. Kuakaahalawa and Keike, who were bird catchers and canoe makers and old settlers on the land, and who knew all the boundaries, told them to me. Commencingat the sea side on the Puna bank of the Waialama river, the boundary between Kukuau and Waiakea runs mauka to Kumu, a noted jumping off place and boiling springs at the head of the Wailama river; thence in a swail [swale] to Kalanakama, a place on the Government road to the volcano. The swail is on Waiakea; thence in the swail mauka to the Puna side of Kipi's yard; thence to the water hole of Waipio, belonging to Kukuau 1st; thence to Wainaku, a water hole where rushes are growing, belonging to Kukuau 1st; thence to Kahana, on Kukuau 1st, where there is a lauhala grove, aa and pahoehoe. [page 164] The boundary runs near to a swail, but the swail is on Waiakea. The old road to Kaumuumumoa is near the boundary and on Kukuau 1st the boundary running between the road and the awaawa.

Thence along this old road to Kalopoiki (I do not know as this place belongs to either land); thence along the old road to Kukuinui, where the kahawai runs on to Kukuau 1st and belongs entirely to that land, taking the name of Waiola gulch. Kukuinui is a grove of Kukui trees in the gulch; thence along the old road to Kapuahi, a kaahumanu (called so from its being an old bird ground); thence to Kilohano; thence to Pilenui; thence to Kumuniu, there leaving the old road to Koumuumumoa, the boundary runs up a branch road, that leads to Kahakauwila, and runs along said road to Mananui; one side of the road belonging to Waiakea and the other to Kukuau 1st.

Thence to Niaheakealahau where Waiakea takes all the road and Kukuau 1st is confined to the tall ohia; thence the boundary runs to the Hilo side of a bathing place called Kuawai; this place is on Kukuau 1st; thence to Kahuakamoa (in olden times a noted place for cock fighting); thence the boundary runs along the line of the old road (now used for drawing down wood) to Kuaiaina, where the roads from Kukuau and Waiakea join. The pahoehoe and trees on it belong to Waiakea, and the forest on the Hilo side to Kukuau 1st. Thence to Kaaipopolo, a place where popolo now grows.

Notes: Witness states that Mr. Webster marked a tree, on the opposite side from Kaaipopolo, as the true boundary between the two lands, but as he objected to that boundary Mr. Webster changed the survey to Kaiipopolo.

There is a large tree with a blaze on it at this place; thence to Ohuliipii, a hill on Waikea [sic]. I do not know of there being a heiau there in olden times; thence [page 165] to a place called Kanoa; thence to Mehuiki, an old canoe building place; thence to Kaileo, another canoe building spot where koa trees are growing. I have lived there; thence to Kalaiholona, a canoe building place; thence to Kailihelelei, a grove of koa trees; thence to Muanui, a great bird catching place; thence to Hoaa, the boundary is on a line with Hoaa, but the place itself is way inside of Waiakea. I have always been told that Kukuau ends at Piliiki. I do not know what other lands join above it. Opuloa, kane and Nahua (now dead) and Kaawa from Olaa were the kamaaina with Webster. Kahaole Opunui now living in Hamakua was a kamaaina of Kukuau 1st.
Cross-examined.

Puaa, kane, sworn, I know the boundaries of Kukuau 1st. I obtained my information from old kamaaina, and from having lived near there all my life. I always heard that the Waialama river is equally divided between Waiakea and Kukuau 1st.

Commencing at Kumu and from thence the boundary runs to Kalanakama; thence in a small swail [swale to the Puna side of Kipi's yard; thence to Upeeloa; thence to Kalopoiki; belonging to both lands; thence to Kapualii, a kaahumanu; thence along the old road to Nahoanaomua; thence to Kilohano; thence along the old road to Kumunui; thence to where the road branches off to Hakauwila's house; thence to Waiheakealahau, here the Pahoehoe belongs to Waiakea and the woods to Kukuau 1st; thence to Hueawai; thence along the old road to Kahuakamoa; thence still following the old road, to Kuaiaina; thence to Kupiinau, where it leaves Waiakea road and runs to Kaaipopolo. At this place the pahoehoe ends and the bush begins; thence to Kahamoule; thence to Umilehu; thence to Kanoa; thence to [page 166] Nehuiki; thence to Kailio; thence to Kailihelelei; thence to Muanui; thence to Lapanaia. To this point the boundary runs towards Kalaieha and the base of Mauna Loa. From this point it runs toward Hamakuka and Mauna Kea. From Lapanaia the boundary runs up to a point between Hoaa and Kaunuapakea where Kukuau 1st is cut off by the junction of Kaamana and Waiakea. This is all I know the boundaries of Kukuau 1st.
Cross-examined.
R.A. Layman

Decided to be as given in J.M. Lydgate's notes of survey. Certificate issued January 21, 1875.

No. 58 Folio 101, Liber I or No. 3
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

For costs see folio 105, Liber I.

For Certificate see No. 58, Folio 101, Liber I.

[note: in the following book the page number is added at the end of the word in this document, although in the original text it might be in the middle of a word]


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume 1, No. 3, pps 101-105

For Testimony of Kukuau 1st, See F ....

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.... larly to the case in question.

The lack of continuity and uniformity in the description of the boundary of Kukuau 1st on its West side, adjacent Kukuau 2nd have been covered by a study of the relations of Section 1 and 2 of boundary Certificate No. 52 of Kukuau 2nd which clearly shows the omission of the line along Land Commission Award No. 4239B Kanaina, as I have already indicated in my direct examination.

I could not professionally accept a point or fix a line on the boundary of this land and of Waiakea, without a previous determination from some known point, which i have done, and which conforms to the same points and lines along the sea beach, as shown on the Official Map of the town of Hilo.

I do not recognize the authority of either persons or officials, of arbitrarily settling upon lines or boundaries, which have the stamp of legal approval, except by means provided under the law.

Court adjourned until 1:30 p.m.

Commission of Boundaries met at 1:30 and waited until 2 p.m. for E.D. Baldwin to appear. At 2 p.m. E.D. Baldwin and Carl S. Smith appeared and argued for a continuance of the case for a few days.

Commissioner ruled that hearing go on as far as E.D. Baldwin could go today, and that then he would then hear arguments for and against a continuance of the case.
Cross questioning of A.B. Loebenstein continued by E.D. Baldwin.

Question: Has not Lydgate from a point a little [page 299] way above Front street, on the boundary of Waiakea, followed notes of survey of Waiakea made by William Webster to the lower edge of the woods?
Answer: It is given in the Boundary Certificate No. 58, land of Kukuau I but as an actual matter of fact, the lines of the Webster survey are from the woods to the sea beach and not from the beach to the woods.

Question: How did you fix the point above Front Street, that Lydgate took for his Initial point, and then adopted Webster"s survey?
Answer: I discarded that point, for the reason that the Webster survey did not reach that point, and for the further reason that the traditions, and kamaaina evidence from the Volcano Road to the sea beach are matters of record.

Question: Does not Webster"s survey tie the above point, the point in question to the Northwest corner of land of Piopio, survey of Piopio having been made by him?
Answer: It does.

Question: Then why did you disregard that distance, locating above mentioned point, when it had been located and recorded by William Webster, a reputable surveyor?
Answer: For the reason that the North West angle of Piopio, Certificate No. 29 is largely hypothetical and doubtful at this day. This being the same point as the one described in Certificate No. 29 of the Boundaries of Piopio, reading as follows: Commencing at the North West corner of Piopio at high water mark, opposite a stone marked PW &c. I have further, on repeated occasions followed out the boundaries of Piopio and have never been able to find or identify this particular point, nor been able to make it agree, either in bearing or distance with the point given by Webster on the line of Waiakea and Kukuau, and the point in question above Front Street. Had I adhered to the description I would have encroached and trespassed within boundaries of Waiakea, a land now [page 300] owned by the Government.

Question: Whenever you have had anything to do with Webster"s surveys, did you not find them as a general thing, consistent surveys as compared to other Magnetic surveys?

Answer: I have found them superior, if anything to contemporaneous surveys excepting where boundaries were contiguous to Marsh or tide lands; although as a matter of fact, the doubtful interpretations on his part were balanced by the careful descriptions of pints to which his surveys led., by giving the names of lands or the delimitations of his bearings and distances by natural monuments and land marks.

Question by Commissioner: Is the line given by you, running toward seashore form the east corner of kuleana, Kanaina Land Commission Award 4239B the same line as the one given in Certificate of Boundaries of the portion of Kukuau 2nd that is situated on the makai side of Front Street, and also the line given in the Royal Patent No. 5706, of Kukuau 2nd?
Answer: It is the identical line described the Certificate of Boundaries of Kukuau 2nd, Apana 1, and also in the Royal Patent of Kukuau 2nd.

Question by Commissioner: From the lower edge of woods to the extreme South angle on Boundary of Waiakea that is between Stations 50 and 51 - did you follow the course and distance given in notes of survey given in the old Certificate of Boundaries of Kukuau 1st?
[Answer:] I did, only changing from Magnetic bearings to true bearings and I run the present survey out on the ground.

Question by E.D. Baldwin: From Stations 46 to 47 or course 47- in your notes of survey of Boundary between lands of Kukuau 1st and 2nd, did you follow the course and distance given in the [page 301] Patent of Kukuau 2nd?
Answer: I followed the course but not the distance.

Question by Commissioner: Why did you not follow the distance given in the Patent of Kukuau 2nd?
Answer: For reasons that I have already explained in my direct evidence.
The description in Certificate No. 52 of Kukuau 2nd from a point a little above Government road, Volcano Road to upper mauka angle, had been run by Lydgate along North boundary of Kukuau 2nd to a point within land of Punahoa 2nd, an award by survey, and also patented by survey and its upper or mauka line within land of Punahoa 2nd to the South West angle, where Kukuau 2nd turns toward sea coast, the South boundary following along land of Kukuau 1st.

Within the woods and along Kukuau 1st the Certificate indicates two long lines to a point at the lower edge of the woods marked by a clump of Gingers, planted by Mr. Lydgate, and noted by him.

The fact that a portion of Kukuau 2nd encroached beyond what Mr. Lydgate should have considered its legal boundary, that is to say, the South boundary of Punahoa 2d, would vitiate any claim for that portion of it. There was therefore presented to the surveyor the problem of arriving if possible, at the original intent of Mr. Lydgate, at the time these surveys were executed in 1873 or 1874.

In the one case by the running the line out down from above, the land of Kukuau 2nd would have exhibited a width disproportionate with the plans filed by Mr. Lydgate, and seriously cutting into Kukuau 1st. While on the other hand to have run out the full distance of the line from the gingers at lower edge of woods up, would result in practically cutting [page 302] land of Kukuau 1st in two. The presentation of these facts was duly made to the owners of both Kukuau 1st and Kukuau 2nd and an expression of opinion furthermore obtained from Mr. C.J. Lyons, at that time assistant in charge of the government survey bureau. In response to which I obtained his opinion on the facts of the case.

While I did not consider this in may way authorative [sic], but as merely indicating the views held by them. I submitted the same to the respective owners of both lands. And the cutting off of the line from the gingers to the angle in the woods was duly authorized and endorsed by them. I would further add that a surveyor when confronted with questions of this nature, will exercise his judgement, as to when or when not to adhere rigidly to a given description which shows clearly in the face of it., that followed out, it would result in an absurd interpretation. It is for this reason that the South line of Kukuau 1st from the lower edge of the woods beginning at the gingers, was not altered from the original descriptions, and the line along Waiakea from there on, both the course and distance were modified to conform to the South boundary of Punahoa 2nd which boundary would naturally dominate. I would further say that there is no evidence on record to show that either the Kukuau 1st and second boundary, or the Kukuau 1st and Waiakea boundary were ever actually run out on the ground from the gingers through the woods. From the woods to the seashore there are monuments or piles of stones on both side of land.

Case continued until Friday, August 10th, 1900, at 10 a.m.
Rufus A. Lyman, Commissioner of Boundaries, 3rd & 4th Judicial Circuits, Island of Hawaii
[page 303]
Case reopened Friday, August 10th, 1900
Cross examination continued

What is bearing of your course #95?
North 31° 14" East 747.6 feet
What is Webster"s magnetic bearing?
North 32° 35" East 452 feet magnetic.

Does your bearing agree with Webster"s?
No.
What is the bearing and distance of your course #94?
North 03° 19" East 410.7 feet true.
What is Webster"s bearing?
North 4° 30" West 410 feet Magnetic.
Does your course agree with Webster"s?
It is the same course allowing for change in time.

What is the bearing of your course #93?
North 48° 55" East 362 feet True.
What are Webster"s bearing and distances from gully on Volcano Road to point near Kumu Spring?
There is no spring described in Webster"s survey.

What are the two next bearings and distances in Webster"s survey from gully on volcano Road?
North 36° 20" East 193 Magnetic
North 63° 50" East 257 feet
Does your course 93 agree with Webster"s?
It does not.

Does line from Kilohana along Waiakea to seashore run over any part of 80-81 flow.
It does
About what distance is line on said flow?
About 3550 feet by courses, 3100 feet air line.
Is that distance shown on your map?
It is.

Government asks for map. Map is exhibited and distances verified.

Was this mass of lava there when Webster run his courses?
I don"t think so.
[page 304]
Question by Commissioner. In going down from the fish pond wall toward the sea, did you find the old Iwi aina?
I did.
Of what did the iwi aina consist?
Of an old Kuauna of dirt capped by rock and stones and placed in a manner according to ancient custom.
About how far down?
Below the line of a fence which extends across Kukuau 1 above the line of Front Street.

Did you find above Front St. where Waialama had flowed toward Waiakea?
Yes.
Is it distinct?
Distinct to one who in my profession is accustomed to deal in land matter and monuments.

Did the Iwi Aina extend to it?
Yes, and beyond it toward the beach forming an angle of which one line is identical with original bank of Waialama, the other bank being the Kuauna which I described.

Did you examine and see if there were any other iwi ainas close to it going toward Waiakea and toward town?
There is another iwi aina going toward Waiakea but I did not consider it important enough to enter this controversy.
Where did it extend?
It extends towards Waiakea to near the end of course 94.
Is it a stony region?
It is not a stony region and the stones must have been quarried at some distance.
It is a stone of bluish gray appearance while the stone between Wailoa and Wailama is black and porous while this stone is denser and looks like the stone above Waiolama.

[page 305]
the time of construction of this Iwi aina and the purposes for which it was constructed are facts well known to old kamaainas and others.

How does your course 95 4un in reference to the Iwi aina?
Practically the same but having in view the elimination of short courses and distances for the purpose of better identification in the future, I abandoned a short distance from the lower end of the Kuauna, leaving it in Waiakea.

Did you ever test Webster"s survey form the road to the beach to see where his last course ended at the seashore?
I have. About 80 feet from the end of said line and due east from my Waiakea Kukuau line.

Did you ever test it running in an easterly direction to see if the Piopio line was the same?
I did, finding it practically coincident.

Does the boundary run through the Keliikolani house?
It does and is so shown on the official maps.

In starting from lower edge of woods on boundary of Kukuau 1st and 2nd as given in Royal Patent South 67° 55" west and from that angle to the extreme mauka end of land, will it run into Punahoa 2nd as patented?
It will not. I have actually located the Southwest corner of Punahoa 2nd.

If you run line between Waiakea and Kukuau 1st as certified in Certificate #58 to the extreme Southwest corner of Kukuau 1 on Waiakea, will it cut Kukuau in two?
It will not.

Will it leave Kukuau 1st cut off by Waiakea?
It will have it as given by survey of Lydgate. [Continued Part 2 page 306]
Certification: 189
Ahupua`a: Kukuau 1
District: Hilo
Island: Hawaii
Ownership: Kuniakea, Albert
Misc:
Year: 1903
Statistics: 52881 characters 9116 words
Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume A, No. 1, p. 234

Kukuau, District of Hilo
Waiaka, District of Kohala
Waikahekahe, District of Puna

Lahaina, August 4th 1873
Imua o ka Mea Hanohano R.A. Lyman, Ke Komisina Palena Aina no Ka Mokupuni o Hawaii

Owau no o ka mea nona ka inoa malalo iho nei ke noi aku nei au imua ou e hoomaopopoia a e hooiaioia na palena o ke Ahupuaa o Kukuau e waiho la ma Hilo ma ka Mokupuni o Hawaii, ame Waiaka ma Waimea Hawaii, ame Waikahekahe ma Puna, Hawaii; aka ke hooili pu aku nei au i ka Palapala Sila o Waiaka ame Waikahekahe a naui ke Komisina Palena Aina o ke Mokupuni o Hawaii e noonoo no ia mau aina a iloko oia Palapala Sila a`u e hooili aku nei ua lilo o Waiaka ia hoi Ahupuaa ma Kahu a a ua lilo no o Pahoehoe ma Kona ia hoi oia Ka mea hoakaka ia oe Komisina Palena Aina o Hawaii.

A nolaila e olelo oe i ka mea ana aina e ana.
Owau no, me Ka Mahalo,
(signed) P. Nahaolehua
Lima Hooponopono Waiwai o
Albert Kuniakea


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume B, pps 160-166

The Ahupuaa of Kukuau 1st, District of Hilo, Island of Hawaii, 3d Judicial Circuit

On this, the 16th day of December A.D. 1873, the Commission of Boundaries for the Island of Hawaii, 3d Judicial Circuit, met at the Court House in Hilo, Hawaii, on the application of P. Nahaolehua, Guardian of Albert Kuniakea for the settlement of Kukuau 1st, situated in the District of Hilo, Island of Hawaii.

Notice of hearing served by publication in the Hawaiian Gazette of [left blank] and Kuokoa of [left blank] 1873, and due notice personally served on owners or agents of adjoining lands, as far as known.

Present: E.G. Hitchcock for applicant and Crown Commissioner.

for Petition see Folio 234 Book A.

Testimony
Keikemahine, kane, sworn, I was born at Kau at the time of Niaukuni, moved to Hilo when a child and have resided here ever since; the boundaries of Kukuau were told me by old kamaaina. Kaainapau, my brother, was one of them. He lived on the land and was the cause of my coming here. All these kamaaina are now dead.

I have been a canoe builder.

Commencing at the Waialama river which belongs to both lands, the boundary runs to the head of the river at a place called Palaoa, on Kukuau 1st; thence to Pohakunui, at Kipi's place the boundary between Kukuau 1st and Waiakea is in a swail [swale] (what I call a kahawai) just outside of this place, thence to Waipio, a water hole on Kukuau 1st. The land is very narrow there. Thence to Wainaku, a pool of standing water where rushes are growing. The boundary line runs along side of Waipio, thence to Kahawa, belonging to Kukuau; thence to Holokoiki, an old planting place, mostly belonging to Waiakea; Kukuau taking only a small part of it; thence to Kukuinui, a kahawai with kukui [page 161] trees in and around the boundary running in the old road to Kaumuunumoa; thence on the road; thence still following the road to Kumuniu, an old cocoanut tree, thence up the road to Naiheakealahou, where there is a well of water and a graveyard; thence to Huawai, a bathing place belonging to Waiakea; from this place all the pahoehoe belongs to Waiakea; thence to Kuaiaina, the junction of two roads, one from Waiakea and one from Kukuau. Pahoehoe and the trees growing on it belong to Waiakea, and the ohia on the Hilo side belongs to Kukuau 1st. Thence to Haaipopolo, where the bush begins and where they used to catch birds. The forest all being on Kukuau 1st; thence the boundary runs to Kanekaulukaau, an old planting place in the woods, belonging to Waiakea. Palaa is the name of the adjoining planting place on Kukuau; thence to the Hilo side of Ohuliipe, a heiau belonging to Waiakea. This heiau is on a hill and from it you can see the sea. The boundary lines is some distance from this hill. It follows up a ridge that runs mauka and makai; and is the dividing line. It is where the painiu grows. Thence from the ridge to Nehuiki, where we used to get canoes eight fathoms long, very large koa and ohia grow together; thence to Kalaholona; thence to Kailihololei, where the bird catchers used to catch oo; thence to Muanui, another bird catchers place. This is as far as I know the boundaries of Kukuau 1st.
Cross-examined.

Kapu, kane, sworn, I know the boundaries between Waiakea and Kukuau 1st. I heard them from my parents. Koi, kane and Palau, wahine (both now dead), who were born on Waiakea. I was also with Webster when he surveyed Waiakea. He surveyed the line between Kukuau and Waiakea. His kamaaina were Kukelekai [page 162] and Kahaoleopuni, both from Kukuau 1st. There was no Waiakea kamaaina present to show boundaries. I do not know as any one was hunted up from Waiakea.

Kukelekai is dead, Kahaoleopuni is at Hamakua and is blind. That was the first time that I ever saw the boundaries. Commencing at a pile of stones on the Puna side of the Waialama river; thence to Hanalei fish pond, on Waiakea there is a strong wall between the fish pond and the river which is the boundary between the two lands; thence to Kumu, on the bank of the Waialama river; thence to Kalanakama, where the Government road to the volcano runs through the land; thence to Huia, on Kukuau, there is a small kahawai there belonging to Waiakea and the level land on the Hilo side belongs to Kukuau; thence to Upeeloa where Lauhala trees are growing. at this place there is a kahawai between the two lands that runs into Huia kahawai; thence to an old planting ground called Lohoiki. All the men that I have seen planting at this place belong to Kukuau; therefore I say this place belongs to Kukuau.

Thence to Kukuinui at the kahawai of Upeeloa (This land, kahawai runs down and enters into the other kahawai of Upeeloa). The gulch is the dividing line; thence to Kapuahi, a kaahumanu belonging to Waiakea; thence follow the ancient road to Kauunuunumoa, up to Kilohana, an old resting place; thence still up the old road to Kumuniu; thence up the road to Koumuumumoa, belonging to Waiakea; thence along old road to a place called Naiheakealahau, belonging to Waiakea; thence along to Kahueawai still following road; thence to Kaaipopolo, thence to a large ohia tree, marked W at the edge of the forest. This is as far as I went with Webster, and this is all that I saw at that time. I have been told the following From the edge of the forest the boundary runs to the Hilo side of Ohuliipe, a heiau, the woods are not very thick there, and the [page 163] painiu grows on a ridge close to the boundary. The boundary runs along the Hilo base of the ridge. I have always heard that from Ohuliipe, the land of Kukuau only run[s] to the aa, opposite to Nahuina, which is the junction of Kamana and Piihonua roads. I have been to Nahuina and know the place. It is on the old lava flow called Poohina; the flow of 1852 has flowed over it there. Kukuau is cut off by Kaamano and Waiakea. The ohia at this place is scrubby, being on the aa; below it is tall.
Cross-examined

Boundary Commission adjourned. Case continued to December the 17 instant.
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

Boundary Commission opened and case continued on the 17 of December A.D. 1873 according to adjournment from the 16th instant.

Kaaua, kane, sworn, I was born at Waiakea uka at the time of Akakai mokuakai. I know a part of the boundaries between Kukuau 1st and Waiakea. Kuakaahalawa and Keike, who were bird catchers and canoe makers and old settlers on the land, and who knew all the boundaries, told them to me. Commencingat the sea side on the Puna bank of the Waialama river, the boundary between Kukuau and Waiakea runs mauka to Kumu, a noted jumping off place and boiling springs at the head of the Wailama river; thence in a swail [swale] to Kalanakama, a place on the Government road to the volcano. The swail is on Waiakea; thence in the swail mauka to the Puna side of Kipi's yard; thence to the water hole of Waipio, belonging to Kukuau 1st; thence to Wainaku, a water hole where rushes are growing, belonging to Kukuau 1st; thence to Kahana, on Kukuau 1st, where there is a lauhala grove, aa and pahoehoe. [page 164] The boundary runs near to a swail, but the swail is on Waiakea. The old road to Kaumuumumoa is near the boundary and on Kukuau 1st the boundary running between the road and the awaawa.

Thence along this old road to Kalopoiki (I do not know as this place belongs to either land); thence along the old road to Kukuinui, where the kahawai runs on to Kukuau 1st and belongs entirely to that land, taking the name of Waiola gulch. Kukuinui is a grove of Kukui trees in the gulch; thence along the old road to Kapuahi, a kaahumanu (called so from its being an old bird ground); thence to Kilohano; thence to Pilenui; thence to Kumuniu, there leaving the old road to Koumuumumoa, the boundary runs up a branch road, that leads to Kahakauwila, and runs along said road to Mananui; one side of the road belonging to Waiakea and the other to Kukuau 1st.

Thence to Niaheakealahau where Waiakea takes all the road and Kukuau 1st is confined to the tall ohia; thence the boundary runs to the Hilo side of a bathing place called Kuawai; this place is on Kukuau 1st; thence to Kahuakamoa (in olden times a noted place for cock fighting); thence the boundary runs along the line of the old road (now used for drawing down wood) to Kuaiaina, where the roads from Kukuau and Waiakea join. The pahoehoe and trees on it belong to Waiakea, and the forest on the Hilo side to Kukuau 1st. Thence to Kaaipopolo, a place where popolo now grows.

Notes: Witness states that Mr. Webster marked a tree, on the opposite side from Kaaipopolo, as the true boundary between the two lands, but as he objected to that boundary Mr. Webster changed the survey to Kaiipopolo.

There is a large tree with a blaze on it at this place; thence to Ohuliipii, a hill on Waikea [sic]. I do not know of there being a heiau there in olden times; thence [page 165] to a place called Kanoa; thence to Mehuiki, an old canoe building place; thence to Kaileo, another canoe building spot where koa trees are growing. I have lived there; thence to Kalaiholona, a canoe building place; thence to Kailihelelei, a grove of koa trees; thence to Muanui, a great bird catching place; thence to Hoaa, the boundary is on a line with Hoaa, but the place itself is way inside of Waiakea. I have always been told that Kukuau ends at Piliiki. I do not know what other lands join above it. Opuloa, kane and Nahua (now dead) and Kaawa from Olaa were the kamaaina with Webster. Kahaole Opunui now living in Hamakua was a kamaaina of Kukuau 1st.
Cross-examined.

Puaa, kane, sworn, I know the boundaries of Kukuau 1st. I obtained my information from old kamaaina, and from having lived near there all my life. I always heard that the Waialama river is equally divided between Waiakea and Kukuau 1st.

Commencing at Kumu and from thence the boundary runs to Kalanakama; thence in a small swail [swale to the Puna side of Kipi's yard; thence to Upeeloa; thence to Kalopoiki; belonging to both lands; thence to Kapualii, a kaahumanu; thence along the old road to Nahoanaomua; thence to Kilohano; thence along the old road to Kumunui; thence to where the road branches off to Hakauwila's house; thence to Waiheakealahau, here the Pahoehoe belongs to Waiakea and the woods to Kukuau 1st; thence to Hueawai; thence along the old road to Kahuakamoa; thence still following the old road, to Kuaiaina; thence to Kupiinau, where it leaves Waiakea road and runs to Kaaipopolo. At this place the pahoehoe ends and the bush begins; thence to Kahamoule; thence to Umilehu; thence to Kanoa; thence to [page 166] Nehuiki; thence to Kailio; thence to Kailihelelei; thence to Muanui; thence to Lapanaia. To this point the boundary runs towards Kalaieha and the base of Mauna Loa. From this point it runs toward Hamakuka and Mauna Kea. From Lapanaia the boundary runs up to a point between Hoaa and Kaunuapakea where Kukuau 1st is cut off by the junction of Kaamana and Waiakea. This is all I know the boundaries of Kukuau 1st.
Cross-examined.
R.A. Layman

Decided to be as given in J.M. Lydgate's notes of survey. Certificate issued January 21, 1875.

No. 58 Folio 101, Liber I or No. 3
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

For costs see folio 105, Liber I.

For Certificate see No. 58, Folio 101, Liber I.

[note: in the following book the page number is added at the end of the word in this document, although in the original text it might be in the middle of a word]


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume 1, No. 3, pps 101-105

For Testimony of Kukuau 1st, See F ....

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.... larly to the case in question.

The lack of continuity and uniformity in the description of the boundary of Kukuau 1st on its West side, adjacent Kukuau 2nd have been covered by a study of the relations of Section 1 and 2 of boundary Certificate No. 52 of Kukuau 2nd which clearly shows the omission of the line along Land Commission Award No. 4239B Kanaina, as I have already indicated in my direct examination.

I could not professionally accept a point or fix a line on the boundary of this land and of Waiakea, without a previous determination from some known point, which i have done, and which conforms to the same points and lines along the sea beach, as shown on the Official Map of the town of Hilo.

I do not recognize the authority of either persons or officials, of arbitrarily settling upon lines or boundaries, which have the stamp of legal approval, except by means provided under the law.

Court adjourned until 1:30 p.m.

Commission of Boundaries met at 1:30 and waited until 2 p.m. for E.D. Baldwin to appear. At 2 p.m. E.D. Baldwin and Carl S. Smith appeared and argued for a continuance of the case for a few days.

Commissioner ruled that hearing go on as far as E.D. Baldwin could go today, and that then he would then hear arguments for and against a continuance of the case.
Cross questioning of A.B. Loebenstein continued by E.D. Baldwin.

Question: Has not Lydgate from a point a little [page 299] way above Front street, on the boundary of Waiakea, followed notes of survey of Waiakea made by William Webster to the lower edge of the woods?
Answer: It is given in the Boundary Certificate No. 58, land of Kukuau I but as an actual matter of fact, the lines of the Webster survey are from the woods to the sea beach and not from the beach to the woods.

Question: How did you fix the point above Front Street, that Lydgate took for his Initial point, and then adopted Webster"s survey?
Answer: I discarded that point, for the reason that the Webster survey did not reach that point, and for the further reason that the traditions, and kamaaina evidence from the Volcano Road to the sea beach are matters of record.

Question: Does not Webster"s survey tie the above point, the point in question to the Northwest corner of land of Piopio, survey of Piopio having been made by him?
Answer: It does.

Question: Then why did you disregard that distance, locating above mentioned point, when it had been located and recorded by William Webster, a reputable surveyor?
Answer: For the reason that the North West angle of Piopio, Certificate No. 29 is largely hypothetical and doubtful at this day. This being the same point as the one described in Certificate No. 29 of the Boundaries of Piopio, reading as follows: Commencing at the North West corner of Piopio at high water mark, opposite a stone marked PW &c. I have further, on repeated occasions followed out the boundaries of Piopio and have never been able to find or identify this particular point, nor been able to make it agree, either in bearing or distance with the point given by Webster on the line of Waiakea and Kukuau, and the point in question above Front Street. Had I adhered to the description I would have encroached and trespassed within boundaries of Waiakea, a land now [page 300] owned by the Government.

Question: Whenever you have had anything to do with Webster"s surveys, did you not find them as a general thing, consistent surveys as compared to other Magnetic surveys?

Answer: I have found them superior, if anything to contemporaneous surveys excepting where boundaries were contiguous to Marsh or tide lands; although as a matter of fact, the doubtful interpretations on his part were balanced by the careful descriptions of pints to which his surveys led., by giving the names of lands or the delimitations of his bearings and distances by natural monuments and land marks.

Question by Commissioner: Is the line given by you, running toward seashore form the east corner of kuleana, Kanaina Land Commission Award 4239B the same line as the one given in Certificate of Boundaries of the portion of Kukuau 2nd that is situated on the makai side of Front Street, and also the line given in the Royal Patent No. 5706, of Kukuau 2nd?
Answer: It is the identical line described the Certificate of Boundaries of Kukuau 2nd, Apana 1, and also in the Royal Patent of Kukuau 2nd.

Question by Commissioner: From the lower edge of woods to the extreme South angle on Boundary of Waiakea that is between Stations 50 and 51 - did you follow the course and distance given in notes of survey given in the old Certificate of Boundaries of Kukuau 1st?
[Answer:] I did, only changing from Magnetic bearings to true bearings and I run the present survey out on the ground.

Question by E.D. Baldwin: From Stations 46 to 47 or course 47- in your notes of survey of Boundary between lands of Kukuau 1st and 2nd, did you follow the course and distance given in the [page 301] Patent of Kukuau 2nd?
Answer: I followed the course but not the distance.

Question by Commissioner: Why did you not follow the distance given in the Patent of Kukuau 2nd?
Answer: For reasons that I have already explained in my direct evidence.
The description in Certificate No. 52 of Kukuau 2nd from a point a little above Government road, Volcano Road to upper mauka angle, had been run by Lydgate along North boundary of Kukuau 2nd to a point within land of Punahoa 2nd, an award by survey, and also patented by survey and its upper or mauka line within land of Punahoa 2nd to the South West angle, where Kukuau 2nd turns toward sea coast, the South boundary following along land of Kukuau 1st.

Within the woods and along Kukuau 1st the Certificate indicates two long lines to a point at the lower edge of the woods marked by a clump of Gingers, planted by Mr. Lydgate, and noted by him.

The fact that a portion of Kukuau 2nd encroached beyond what Mr. Lydgate should have considered its legal boundary, that is to say, the South boundary of Punahoa 2d, would vitiate any claim for that portion of it. There was therefore presented to the surveyor the problem of arriving if possible, at the original intent of Mr. Lydgate, at the time these surveys were executed in 1873 or 1874.

In the one case by the running the line out down from above, the land of Kukuau 2nd would have exhibited a width disproportionate with the plans filed by Mr. Lydgate, and seriously cutting into Kukuau 1st. While on the other hand to have run out the full distance of the line from the gingers at lower edge of woods up, would result in practically cutting [page 302] land of Kukuau 1st in two. The presentation of these facts was duly made to the owners of both Kukuau 1st and Kukuau 2nd and an expression of opinion furthermore obtained from Mr. C.J. Lyons, at that time assistant in charge of the government survey bureau. In response to which I obtained his opinion on the facts of the case.

While I did not consider this in may way authorative [sic], but as merely indicating the views held by them. I submitted the same to the respective owners of both lands. And the cutting off of the line from the gingers to the angle in the woods was duly authorized and endorsed by them. I would further add that a surveyor when confronted with questions of this nature, will exercise his judgement, as to when or when not to adhere rigidly to a given description which shows clearly in the face of it., that followed out, it would result in an absurd interpretation. It is for this reason that the South line of Kukuau 1st from the lower edge of the woods beginning at the gingers, was not altered from the original descriptions, and the line along Waiakea from there on, both the course and distance were modified to conform to the South boundary of Punahoa 2nd which boundary would naturally dominate. I would further say that there is no evidence on record to show that either the Kukuau 1st and second boundary, or the Kukuau 1st and Waiakea boundary were ever actually run out on the ground from the gingers through the woods. From the woods to the seashore there are monuments or piles of stones on both side of land.

Case continued until Friday, August 10th, 1900, at 10 a.m.
Rufus A. Lyman, Commissioner of Boundaries, 3rd & 4th Judicial Circuits, Island of Hawaii
[page 303]
Case reopened Friday, August 10th, 1900
Cross examination continued

What is bearing of your course #95?
North 31° 14" East 747.6 feet
What is Webster"s magnetic bearing?
North 32° 35" East 452 feet magnetic.

Does your bearing agree with Webster"s?
No.
What is the bearing and distance of your course #94?
North 03° 19" East 410.7 feet true.
What is Webster"s bearing?
North 4° 30" West 410 feet Magnetic.
Does your course agree with Webster"s?
It is the same course allowing for change in time.

What is the bearing of your course #93?
North 48° 55" East 362 feet True.
What are Webster"s bearing and distances from gully on Volcano Road to point near Kumu Spring?
There is no spring described in Webster"s survey.

What are the two next bearings and distances in Webster"s survey from gully on volcano Road?
North 36° 20" East 193 Magnetic
North 63° 50" East 257 feet
Does your course 93 agree with Webster"s?
It does not.

Does line from Kilohana along Waiakea to seashore run over any part of 80-81 flow.
It does
About what distance is line on said flow?
About 3550 feet by courses, 3100 feet air line.
Is that distance shown on your map?
It is.

Government asks for map. Map is exhibited and distances verified.

Was this mass of lava there when Webster run his courses?
I don"t think so.
[page 304]
Question by Commissioner. In going down from the fish pond wall toward the sea, did you find the old Iwi aina?
I did.
Of what did the iwi aina consist?
Of an old Kuauna of dirt capped by rock and stones and placed in a manner according to ancient custom.
About how far down?
Below the line of a fence which extends across Kukuau 1 above the line of Front Street.

Did you find above Front St. where Waialama had flowed toward Waiakea?
Yes.
Is it distinct?
Distinct to one who in my profession is accustomed to deal in land matter and monuments.

Did the Iwi Aina extend to it?
Yes, and beyond it toward the beach forming an angle of which one line is identical with original bank of Waialama, the other bank being the Kuauna which I described.

Did you examine and see if there were any other iwi ainas close to it going toward Waiakea and toward town?
There is another iwi aina going toward Waiakea but I did not consider it important enough to enter this controversy.
Where did it extend?
It extends towards Waiakea to near the end of course 94.
Is it a stony region?
It is not a stony region and the stones must have been quarried at some distance.
It is a stone of bluish gray appearance while the stone between Wailoa and Wailama is black and porous while this stone is denser and looks like the stone above Waiolama.

[page 305]
the time of construction of this Iwi aina and the purposes for which it was constructed are facts well known to old kamaainas and others.

How does your course 95 4un in reference to the Iwi aina?
Practically the same but having in view the elimination of short courses and distances for the purpose of better identification in the future, I abandoned a short distance from the lower end of the Kuauna, leaving it in Waiakea.

Did you ever test Webster"s survey form the road to the beach to see where his last course ended at the seashore?
I have. About 80 feet from the end of said line and due east from my Waiakea Kukuau line.

Did you ever test it running in an easterly direction to see if the Piopio line was the same?
I did, finding it practically coincident.

Does the boundary run through the Keliikolani house?
It does and is so shown on the official maps.

In starting from lower edge of woods on boundary of Kukuau 1st and 2nd as given in Royal Patent South 67° 55" west and from that angle to the extreme mauka end of land, will it run into Punahoa 2nd as patented?
It will not. I have actually located the Southwest corner of Punahoa 2nd.

If you run line between Waiakea and Kukuau 1st as certified in Certificate #58 to the extreme Southwest corner of Kukuau 1 on Waiakea, will it cut Kukuau in two?
It will not.

Will it leave Kukuau 1st cut off by Waiakea?
It will have it as given by survey of Lydgate. [Continued Part 2 page 306]
Certification: 189
Ahupua`a: Kukuau 1
District: Hilo
Island: Hawaii
Ownership: Kuniakea, Albert
Misc:
Year: 1903
Statistics: 52881 characters 9116 words
Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume A, No. 1, p. 234

Kukuau, District of Hilo
Waiaka, District of Kohala
Waikahekahe, District of Puna

Lahaina, August 4th 1873
Imua o ka Mea Hanohano R.A. Lyman, Ke Komisina Palena Aina no Ka Mokupuni o Hawaii

Owau no o ka mea nona ka inoa malalo iho nei ke noi aku nei au imua ou e hoomaopopoia a e hooiaioia na palena o ke Ahupuaa o Kukuau e waiho la ma Hilo ma ka Mokupuni o Hawaii, ame Waiaka ma Waimea Hawaii, ame Waikahekahe ma Puna, Hawaii; aka ke hooili pu aku nei au i ka Palapala Sila o Waiaka ame Waikahekahe a naui ke Komisina Palena Aina o ke Mokupuni o Hawaii e noonoo no ia mau aina a iloko oia Palapala Sila a`u e hooili aku nei ua lilo o Waiaka ia hoi Ahupuaa ma Kahu a a ua lilo no o Pahoehoe ma Kona ia hoi oia Ka mea hoakaka ia oe Komisina Palena Aina o Hawaii.

A nolaila e olelo oe i ka mea ana aina e ana.
Owau no, me Ka Mahalo,
(signed) P. Nahaolehua
Lima Hooponopono Waiwai o
Albert Kuniakea


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume B, pps 160-166

The Ahupuaa of Kukuau 1st, District of Hilo, Island of Hawaii, 3d Judicial Circuit

On this, the 16th day of December A.D. 1873, the Commission of Boundaries for the Island of Hawaii, 3d Judicial Circuit, met at the Court House in Hilo, Hawaii, on the application of P. Nahaolehua, Guardian of Albert Kuniakea for the settlement of Kukuau 1st, situated in the District of Hilo, Island of Hawaii.

Notice of hearing served by publication in the Hawaiian Gazette of [left blank] and Kuokoa of [left blank] 1873, and due notice personally served on owners or agents of adjoining lands, as far as known.

Present: E.G. Hitchcock for applicant and Crown Commissioner.

for Petition see Folio 234 Book A.

Testimony
Keikemahine, kane, sworn, I was born at Kau at the time of Niaukuni, moved to Hilo when a child and have resided here ever since; the boundaries of Kukuau were told me by old kamaaina. Kaainapau, my brother, was one of them. He lived on the land and was the cause of my coming here. All these kamaaina are now dead.

I have been a canoe builder.

Commencing at the Waialama river which belongs to both lands, the boundary runs to the head of the river at a place called Palaoa, on Kukuau 1st; thence to Pohakunui, at Kipi's place the boundary between Kukuau 1st and Waiakea is in a swail [swale] (what I call a kahawai) just outside of this place, thence to Waipio, a water hole on Kukuau 1st. The land is very narrow there. Thence to Wainaku, a pool of standing water where rushes are growing. The boundary line runs along side of Waipio, thence to Kahawa, belonging to Kukuau; thence to Holokoiki, an old planting place, mostly belonging to Waiakea; Kukuau taking only a small part of it; thence to Kukuinui, a kahawai with kukui [page 161] trees in and around the boundary running in the old road to Kaumuunumoa; thence on the road; thence still following the road to Kumuniu, an old cocoanut tree, thence up the road to Naiheakealahou, where there is a well of water and a graveyard; thence to Huawai, a bathing place belonging to Waiakea; from this place all the pahoehoe belongs to Waiakea; thence to Kuaiaina, the junction of two roads, one from Waiakea and one from Kukuau. Pahoehoe and the trees growing on it belong to Waiakea, and the ohia on the Hilo side belongs to Kukuau 1st. Thence to Haaipopolo, where the bush begins and where they used to catch birds. The forest all being on Kukuau 1st; thence the boundary runs to Kanekaulukaau, an old planting place in the woods, belonging to Waiakea. Palaa is the name of the adjoining planting place on Kukuau; thence to the Hilo side of Ohuliipe, a heiau belonging to Waiakea. This heiau is on a hill and from it you can see the sea. The boundary lines is some distance from this hill. It follows up a ridge that runs mauka and makai; and is the dividing line. It is where the painiu grows. Thence from the ridge to Nehuiki, where we used to get canoes eight fathoms long, very large koa and ohia grow together; thence to Kalaholona; thence to Kailihololei, where the bird catchers used to catch oo; thence to Muanui, another bird catchers place. This is as far as I know the boundaries of Kukuau 1st.
Cross-examined.

Kapu, kane, sworn, I know the boundaries between Waiakea and Kukuau 1st. I heard them from my parents. Koi, kane and Palau, wahine (both now dead), who were born on Waiakea. I was also with Webster when he surveyed Waiakea. He surveyed the line between Kukuau and Waiakea. His kamaaina were Kukelekai [page 162] and Kahaoleopuni, both from Kukuau 1st. There was no Waiakea kamaaina present to show boundaries. I do not know as any one was hunted up from Waiakea.

Kukelekai is dead, Kahaoleopuni is at Hamakua and is blind. That was the first time that I ever saw the boundaries. Commencing at a pile of stones on the Puna side of the Waialama river; thence to Hanalei fish pond, on Waiakea there is a strong wall between the fish pond and the river which is the boundary between the two lands; thence to Kumu, on the bank of the Waialama river; thence to Kalanakama, where the Government road to the volcano runs through the land; thence to Huia, on Kukuau, there is a small kahawai there belonging to Waiakea and the level land on the Hilo side belongs to Kukuau; thence to Upeeloa where Lauhala trees are growing. at this place there is a kahawai between the two lands that runs into Huia kahawai; thence to an old planting ground called Lohoiki. All the men that I have seen planting at this place belong to Kukuau; therefore I say this place belongs to Kukuau.

Thence to Kukuinui at the kahawai of Upeeloa (This land, kahawai runs down and enters into the other kahawai of Upeeloa). The gulch is the dividing line; thence to Kapuahi, a kaahumanu belonging to Waiakea; thence follow the ancient road to Kauunuunumoa, up to Kilohana, an old resting place; thence still up the old road to Kumuniu; thence up the road to Koumuumumoa, belonging to Waiakea; thence along old road to a place called Naiheakealahau, belonging to Waiakea; thence along to Kahueawai still following road; thence to Kaaipopolo, thence to a large ohia tree, marked W at the edge of the forest. This is as far as I went with Webster, and this is all that I saw at that time. I have been told the following From the edge of the forest the boundary runs to the Hilo side of Ohuliipe, a heiau, the woods are not very thick there, and the [page 163] painiu grows on a ridge close to the boundary. The boundary runs along the Hilo base of the ridge. I have always heard that from Ohuliipe, the land of Kukuau only run[s] to the aa, opposite to Nahuina, which is the junction of Kamana and Piihonua roads. I have been to Nahuina and know the place. It is on the old lava flow called Poohina; the flow of 1852 has flowed over it there. Kukuau is cut off by Kaamano and Waiakea. The ohia at this place is scrubby, being on the aa; below it is tall.
Cross-examined

Boundary Commission adjourned. Case continued to December the 17 instant.
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

Boundary Commission opened and case continued on the 17 of December A.D. 1873 according to adjournment from the 16th instant.

Kaaua, kane, sworn, I was born at Waiakea uka at the time of Akakai mokuakai. I know a part of the boundaries between Kukuau 1st and Waiakea. Kuakaahalawa and Keike, who were bird catchers and canoe makers and old settlers on the land, and who knew all the boundaries, told them to me. Commencingat the sea side on the Puna bank of the Waialama river, the boundary between Kukuau and Waiakea runs mauka to Kumu, a noted jumping off place and boiling springs at the head of the Wailama river; thence in a swail [swale] to Kalanakama, a place on the Government road to the volcano. The swail is on Waiakea; thence in the swail mauka to the Puna side of Kipi's yard; thence to the water hole of Waipio, belonging to Kukuau 1st; thence to Wainaku, a water hole where rushes are growing, belonging to Kukuau 1st; thence to Kahana, on Kukuau 1st, where there is a lauhala grove, aa and pahoehoe. [page 164] The boundary runs near to a swail, but the swail is on Waiakea. The old road to Kaumuumumoa is near the boundary and on Kukuau 1st the boundary running between the road and the awaawa.

Thence along this old road to Kalopoiki (I do not know as this place belongs to either land); thence along the old road to Kukuinui, where the kahawai runs on to Kukuau 1st and belongs entirely to that land, taking the name of Waiola gulch. Kukuinui is a grove of Kukui trees in the gulch; thence along the old road to Kapuahi, a kaahumanu (called so from its being an old bird ground); thence to Kilohano; thence to Pilenui; thence to Kumuniu, there leaving the old road to Koumuumumoa, the boundary runs up a branch road, that leads to Kahakauwila, and runs along said road to Mananui; one side of the road belonging to Waiakea and the other to Kukuau 1st.

Thence to Niaheakealahau where Waiakea takes all the road and Kukuau 1st is confined to the tall ohia; thence the boundary runs to the Hilo side of a bathing place called Kuawai; this place is on Kukuau 1st; thence to Kahuakamoa (in olden times a noted place for cock fighting); thence the boundary runs along the line of the old road (now used for drawing down wood) to Kuaiaina, where the roads from Kukuau and Waiakea join. The pahoehoe and trees on it belong to Waiakea, and the forest on the Hilo side to Kukuau 1st. Thence to Kaaipopolo, a place where popolo now grows.

Notes: Witness states that Mr. Webster marked a tree, on the opposite side from Kaaipopolo, as the true boundary between the two lands, but as he objected to that boundary Mr. Webster changed the survey to Kaiipopolo.

There is a large tree with a blaze on it at this place; thence to Ohuliipii, a hill on Waikea [sic]. I do not know of there being a heiau there in olden times; thence [page 165] to a place called Kanoa; thence to Mehuiki, an old canoe building place; thence to Kaileo, another canoe building spot where koa trees are growing. I have lived there; thence to Kalaiholona, a canoe building place; thence to Kailihelelei, a grove of koa trees; thence to Muanui, a great bird catching place; thence to Hoaa, the boundary is on a line with Hoaa, but the place itself is way inside of Waiakea. I have always been told that Kukuau ends at Piliiki. I do not know what other lands join above it. Opuloa, kane and Nahua (now dead) and Kaawa from Olaa were the kamaaina with Webster. Kahaole Opunui now living in Hamakua was a kamaaina of Kukuau 1st.
Cross-examined.

Puaa, kane, sworn, I know the boundaries of Kukuau 1st. I obtained my information from old kamaaina, and from having lived near there all my life. I always heard that the Waialama river is equally divided between Waiakea and Kukuau 1st.

Commencing at Kumu and from thence the boundary runs to Kalanakama; thence in a small swail [swale to the Puna side of Kipi's yard; thence to Upeeloa; thence to Kalopoiki; belonging to both lands; thence to Kapualii, a kaahumanu; thence along the old road to Nahoanaomua; thence to Kilohano; thence along the old road to Kumunui; thence to where the road branches off to Hakauwila's house; thence to Waiheakealahau, here the Pahoehoe belongs to Waiakea and the woods to Kukuau 1st; thence to Hueawai; thence along the old road to Kahuakamoa; thence still following the old road, to Kuaiaina; thence to Kupiinau, where it leaves Waiakea road and runs to Kaaipopolo. At this place the pahoehoe ends and the bush begins; thence to Kahamoule; thence to Umilehu; thence to Kanoa; thence to [page 166] Nehuiki; thence to Kailio; thence to Kailihelelei; thence to Muanui; thence to Lapanaia. To this point the boundary runs towards Kalaieha and the base of Mauna Loa. From this point it runs toward Hamakuka and Mauna Kea. From Lapanaia the boundary runs up to a point between Hoaa and Kaunuapakea where Kukuau 1st is cut off by the junction of Kaamana and Waiakea. This is all I know the boundaries of Kukuau 1st.
Cross-examined.
R.A. Layman

Decided to be as given in J.M. Lydgate's notes of survey. Certificate issued January 21, 1875.

No. 58 Folio 101, Liber I or No. 3
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

For costs see folio 105, Liber I.

For Certificate see No. 58, Folio 101, Liber I.

[note: in the following book the page number is added at the end of the word in this document, although in the original text it might be in the middle of a word]


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume 1, No. 3, pps 101-105

For Testimony of Kukuau 1st, See F ....

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.... larly to the case in question.

The lack of continuity and uniformity in the description of the boundary of Kukuau 1st on its West side, adjacent Kukuau 2nd have been covered by a study of the relations of Section 1 and 2 of boundary Certificate No. 52 of Kukuau 2nd which clearly shows the omission of the line along Land Commission Award No. 4239B Kanaina, as I have already indicated in my direct examination.

I could not professionally accept a point or fix a line on the boundary of this land and of Waiakea, without a previous determination from some known point, which i have done, and which conforms to the same points and lines along the sea beach, as shown on the Official Map of the town of Hilo.

I do not recognize the authority of either persons or officials, of arbitrarily settling upon lines or boundaries, which have the stamp of legal approval, except by means provided under the law.

Court adjourned until 1:30 p.m.

Commission of Boundaries met at 1:30 and waited until 2 p.m. for E.D. Baldwin to appear. At 2 p.m. E.D. Baldwin and Carl S. Smith appeared and argued for a continuance of the case for a few days.

Commissioner ruled that hearing go on as far as E.D. Baldwin could go today, and that then he would then hear arguments for and against a continuance of the case.
Cross questioning of A.B. Loebenstein continued by E.D. Baldwin.

Question: Has not Lydgate from a point a little [page 299] way above Front street, on the boundary of Waiakea, followed notes of survey of Waiakea made by William Webster to the lower edge of the woods?
Answer: It is given in the Boundary Certificate No. 58, land of Kukuau I but as an actual matter of fact, the lines of the Webster survey are from the woods to the sea beach and not from the beach to the woods.

Question: How did you fix the point above Front Street, that Lydgate took for his Initial point, and then adopted Webster"s survey?
Answer: I discarded that point, for the reason that the Webster survey did not reach that point, and for the further reason that the traditions, and kamaaina evidence from the Volcano Road to the sea beach are matters of record.

Question: Does not Webster"s survey tie the above point, the point in question to the Northwest corner of land of Piopio, survey of Piopio having been made by him?
Answer: It does.

Question: Then why did you disregard that distance, locating above mentioned point, when it had been located and recorded by William Webster, a reputable surveyor?
Answer: For the reason that the North West angle of Piopio, Certificate No. 29 is largely hypothetical and doubtful at this day. This being the same point as the one described in Certificate No. 29 of the Boundaries of Piopio, reading as follows: Commencing at the North West corner of Piopio at high water mark, opposite a stone marked PW &c. I have further, on repeated occasions followed out the boundaries of Piopio and have never been able to find or identify this particular point, nor been able to make it agree, either in bearing or distance with the point given by Webster on the line of Waiakea and Kukuau, and the point in question above Front Street. Had I adhered to the description I would have encroached and trespassed within boundaries of Waiakea, a land now [page 300] owned by the Government.

Question: Whenever you have had anything to do with Webster"s surveys, did you not find them as a general thing, consistent surveys as compared to other Magnetic surveys?

Answer: I have found them superior, if anything to contemporaneous surveys excepting where boundaries were contiguous to Marsh or tide lands; although as a matter of fact, the doubtful interpretations on his part were balanced by the careful descriptions of pints to which his surveys led., by giving the names of lands or the delimitations of his bearings and distances by natural monuments and land marks.

Question by Commissioner: Is the line given by you, running toward seashore form the east corner of kuleana, Kanaina Land Commission Award 4239B the same line as the one given in Certificate of Boundaries of the portion of Kukuau 2nd that is situated on the makai side of Front Street, and also the line given in the Royal Patent No. 5706, of Kukuau 2nd?
Answer: It is the identical line described the Certificate of Boundaries of Kukuau 2nd, Apana 1, and also in the Royal Patent of Kukuau 2nd.

Question by Commissioner: From the lower edge of woods to the extreme South angle on Boundary of Waiakea that is between Stations 50 and 51 - did you follow the course and distance given in notes of survey given in the old Certificate of Boundaries of Kukuau 1st?
[Answer:] I did, only changing from Magnetic bearings to true bearings and I run the present survey out on the ground.

Question by E.D. Baldwin: From Stations 46 to 47 or course 47- in your notes of survey of Boundary between lands of Kukuau 1st and 2nd, did you follow the course and distance given in the [page 301] Patent of Kukuau 2nd?
Answer: I followed the course but not the distance.

Question by Commissioner: Why did you not follow the distance given in the Patent of Kukuau 2nd?
Answer: For reasons that I have already explained in my direct evidence.
The description in Certificate No. 52 of Kukuau 2nd from a point a little above Government road, Volcano Road to upper mauka angle, had been run by Lydgate along North boundary of Kukuau 2nd to a point within land of Punahoa 2nd, an award by survey, and also patented by survey and its upper or mauka line within land of Punahoa 2nd to the South West angle, where Kukuau 2nd turns toward sea coast, the South boundary following along land of Kukuau 1st.

Within the woods and along Kukuau 1st the Certificate indicates two long lines to a point at the lower edge of the woods marked by a clump of Gingers, planted by Mr. Lydgate, and noted by him.

The fact that a portion of Kukuau 2nd encroached beyond what Mr. Lydgate should have considered its legal boundary, that is to say, the South boundary of Punahoa 2d, would vitiate any claim for that portion of it. There was therefore presented to the surveyor the problem of arriving if possible, at the original intent of Mr. Lydgate, at the time these surveys were executed in 1873 or 1874.

In the one case by the running the line out down from above, the land of Kukuau 2nd would have exhibited a width disproportionate with the plans filed by Mr. Lydgate, and seriously cutting into Kukuau 1st. While on the other hand to have run out the full distance of the line from the gingers at lower edge of woods up, would result in practically cutting [page 302] land of Kukuau 1st in two. The presentation of these facts was duly made to the owners of both Kukuau 1st and Kukuau 2nd and an expression of opinion furthermore obtained from Mr. C.J. Lyons, at that time assistant in charge of the government survey bureau. In response to which I obtained his opinion on the facts of the case.

While I did not consider this in may way authorative [sic], but as merely indicating the views held by them. I submitted the same to the respective owners of both lands. And the cutting off of the line from the gingers to the angle in the woods was duly authorized and endorsed by them. I would further add that a surveyor when confronted with questions of this nature, will exercise his judgement, as to when or when not to adhere rigidly to a given description which shows clearly in the face of it., that followed out, it would result in an absurd interpretation. It is for this reason that the South line of Kukuau 1st from the lower edge of the woods beginning at the gingers, was not altered from the original descriptions, and the line along Waiakea from there on, both the course and distance were modified to conform to the South boundary of Punahoa 2nd which boundary would naturally dominate. I would further say that there is no evidence on record to show that either the Kukuau 1st and second boundary, or the Kukuau 1st and Waiakea boundary were ever actually run out on the ground from the gingers through the woods. From the woods to the seashore there are monuments or piles of stones on both side of land.

Case continued until Friday, August 10th, 1900, at 10 a.m.
Rufus A. Lyman, Commissioner of Boundaries, 3rd & 4th Judicial Circuits, Island of Hawaii
[page 303]
Case reopened Friday, August 10th, 1900
Cross examination continued

What is bearing of your course #95?
North 31° 14" East 747.6 feet
What is Webster"s magnetic bearing?
North 32° 35" East 452 feet magnetic.

Does your bearing agree with Webster"s?
No.
What is the bearing and distance of your course #94?
North 03° 19" East 410.7 feet true.
What is Webster"s bearing?
North 4° 30" West 410 feet Magnetic.
Does your course agree with Webster"s?
It is the same course allowing for change in time.

What is the bearing of your course #93?
North 48° 55" East 362 feet True.
What are Webster"s bearing and distances from gully on Volcano Road to point near Kumu Spring?
There is no spring described in Webster"s survey.

What are the two next bearings and distances in Webster"s survey from gully on volcano Road?
North 36° 20" East 193 Magnetic
North 63° 50" East 257 feet
Does your course 93 agree with Webster"s?
It does not.

Does line from Kilohana along Waiakea to seashore run over any part of 80-81 flow.
It does
About what distance is line on said flow?
About 3550 feet by courses, 3100 feet air line.
Is that distance shown on your map?
It is.

Government asks for map. Map is exhibited and distances verified.

Was this mass of lava there when Webster run his courses?
I don"t think so.
[page 304]
Question by Commissioner. In going down from the fish pond wall toward the sea, did you find the old Iwi aina?
I did.
Of what did the iwi aina consist?
Of an old Kuauna of dirt capped by rock and stones and placed in a manner according to ancient custom.
About how far down?
Below the line of a fence which extends across Kukuau 1 above the line of Front Street.

Did you find above Front St. where Waialama had flowed toward Waiakea?
Yes.
Is it distinct?
Distinct to one who in my profession is accustomed to deal in land matter and monuments.

Did the Iwi Aina extend to it?
Yes, and beyond it toward the beach forming an angle of which one line is identical with original bank of Waialama, the other bank being the Kuauna which I described.

Did you examine and see if there were any other iwi ainas close to it going toward Waiakea and toward town?
There is another iwi aina going toward Waiakea but I did not consider it important enough to enter this controversy.
Where did it extend?
It extends towards Waiakea to near the end of course 94.
Is it a stony region?
It is not a stony region and the stones must have been quarried at some distance.
It is a stone of bluish gray appearance while the stone between Wailoa and Wailama is black and porous while this stone is denser and looks like the stone above Waiolama.

[page 305]
the time of construction of this Iwi aina and the purposes for which it was constructed are facts well known to old kamaainas and others.

How does your course 95 4un in reference to the Iwi aina?
Practically the same but having in view the elimination of short courses and distances for the purpose of better identification in the future, I abandoned a short distance from the lower end of the Kuauna, leaving it in Waiakea.

Did you ever test Webster"s survey form the road to the beach to see where his last course ended at the seashore?
I have. About 80 feet from the end of said line and due east from my Waiakea Kukuau line.

Did you ever test it running in an easterly direction to see if the Piopio line was the same?
I did, finding it practically coincident.

Does the boundary run through the Keliikolani house?
It does and is so shown on the official maps.

In starting from lower edge of woods on boundary of Kukuau 1st and 2nd as given in Royal Patent South 67° 55" west and from that angle to the extreme mauka end of land, will it run into Punahoa 2nd as patented?
It will not. I have actually located the Southwest corner of Punahoa 2nd.

If you run line between Waiakea and Kukuau 1st as certified in Certificate #58 to the extreme Southwest corner of Kukuau 1 on Waiakea, will it cut Kukuau in two?
It will not.

Will it leave Kukuau 1st cut off by Waiakea?
It will have it as given by survey of Lydgate. [Continued Part 2 page 306]
Certification: 189
Ahupua`a: Kukuau 1
District: Hilo
Island: Hawaii
Ownership: Kuniakea, Albert
Misc:
Year: 1903
Statistics: 52881 characters 9116 words
Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume A, No. 1, p. 234

Kukuau, District of Hilo
Waiaka, District of Kohala
Waikahekahe, District of Puna

Lahaina, August 4th 1873
Imua o ka Mea Hanohano R.A. Lyman, Ke Komisina Palena Aina no Ka Mokupuni o Hawaii

Owau no o ka mea nona ka inoa malalo iho nei ke noi aku nei au imua ou e hoomaopopoia a e hooiaioia na palena o ke Ahupuaa o Kukuau e waiho la ma Hilo ma ka Mokupuni o Hawaii, ame Waiaka ma Waimea Hawaii, ame Waikahekahe ma Puna, Hawaii; aka ke hooili pu aku nei au i ka Palapala Sila o Waiaka ame Waikahekahe a naui ke Komisina Palena Aina o ke Mokupuni o Hawaii e noonoo no ia mau aina a iloko oia Palapala Sila a`u e hooili aku nei ua lilo o Waiaka ia hoi Ahupuaa ma Kahu a a ua lilo no o Pahoehoe ma Kona ia hoi oia Ka mea hoakaka ia oe Komisina Palena Aina o Hawaii.

A nolaila e olelo oe i ka mea ana aina e ana.
Owau no, me Ka Mahalo,
(signed) P. Nahaolehua
Lima Hooponopono Waiwai o
Albert Kuniakea


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume B, pps 160-166

The Ahupuaa of Kukuau 1st, District of Hilo, Island of Hawaii, 3d Judicial Circuit

On this, the 16th day of December A.D. 1873, the Commission of Boundaries for the Island of Hawaii, 3d Judicial Circuit, met at the Court House in Hilo, Hawaii, on the application of P. Nahaolehua, Guardian of Albert Kuniakea for the settlement of Kukuau 1st, situated in the District of Hilo, Island of Hawaii.

Notice of hearing served by publication in the Hawaiian Gazette of [left blank] and Kuokoa of [left blank] 1873, and due notice personally served on owners or agents of adjoining lands, as far as known.

Present: E.G. Hitchcock for applicant and Crown Commissioner.

for Petition see Folio 234 Book A.

Testimony
Keikemahine, kane, sworn, I was born at Kau at the time of Niaukuni, moved to Hilo when a child and have resided here ever since; the boundaries of Kukuau were told me by old kamaaina. Kaainapau, my brother, was one of them. He lived on the land and was the cause of my coming here. All these kamaaina are now dead.

I have been a canoe builder.

Commencing at the Waialama river which belongs to both lands, the boundary runs to the head of the river at a place called Palaoa, on Kukuau 1st; thence to Pohakunui, at Kipi's place the boundary between Kukuau 1st and Waiakea is in a swail [swale] (what I call a kahawai) just outside of this place, thence to Waipio, a water hole on Kukuau 1st. The land is very narrow there. Thence to Wainaku, a pool of standing water where rushes are growing. The boundary line runs along side of Waipio, thence to Kahawa, belonging to Kukuau; thence to Holokoiki, an old planting place, mostly belonging to Waiakea; Kukuau taking only a small part of it; thence to Kukuinui, a kahawai with kukui [page 161] trees in and around the boundary running in the old road to Kaumuunumoa; thence on the road; thence still following the road to Kumuniu, an old cocoanut tree, thence up the road to Naiheakealahou, where there is a well of water and a graveyard; thence to Huawai, a bathing place belonging to Waiakea; from this place all the pahoehoe belongs to Waiakea; thence to Kuaiaina, the junction of two roads, one from Waiakea and one from Kukuau. Pahoehoe and the trees growing on it belong to Waiakea, and the ohia on the Hilo side belongs to Kukuau 1st. Thence to Haaipopolo, where the bush begins and where they used to catch birds. The forest all being on Kukuau 1st; thence the boundary runs to Kanekaulukaau, an old planting place in the woods, belonging to Waiakea. Palaa is the name of the adjoining planting place on Kukuau; thence to the Hilo side of Ohuliipe, a heiau belonging to Waiakea. This heiau is on a hill and from it you can see the sea. The boundary lines is some distance from this hill. It follows up a ridge that runs mauka and makai; and is the dividing line. It is where the painiu grows. Thence from the ridge to Nehuiki, where we used to get canoes eight fathoms long, very large koa and ohia grow together; thence to Kalaholona; thence to Kailihololei, where the bird catchers used to catch oo; thence to Muanui, another bird catchers place. This is as far as I know the boundaries of Kukuau 1st.
Cross-examined.

Kapu, kane, sworn, I know the boundaries between Waiakea and Kukuau 1st. I heard them from my parents. Koi, kane and Palau, wahine (both now dead), who were born on Waiakea. I was also with Webster when he surveyed Waiakea. He surveyed the line between Kukuau and Waiakea. His kamaaina were Kukelekai [page 162] and Kahaoleopuni, both from Kukuau 1st. There was no Waiakea kamaaina present to show boundaries. I do not know as any one was hunted up from Waiakea.

Kukelekai is dead, Kahaoleopuni is at Hamakua and is blind. That was the first time that I ever saw the boundaries. Commencing at a pile of stones on the Puna side of the Waialama river; thence to Hanalei fish pond, on Waiakea there is a strong wall between the fish pond and the river which is the boundary between the two lands; thence to Kumu, on the bank of the Waialama river; thence to Kalanakama, where the Government road to the volcano runs through the land; thence to Huia, on Kukuau, there is a small kahawai there belonging to Waiakea and the level land on the Hilo side belongs to Kukuau; thence to Upeeloa where Lauhala trees are growing. at this place there is a kahawai between the two lands that runs into Huia kahawai; thence to an old planting ground called Lohoiki. All the men that I have seen planting at this place belong to Kukuau; therefore I say this place belongs to Kukuau.

Thence to Kukuinui at the kahawai of Upeeloa (This land, kahawai runs down and enters into the other kahawai of Upeeloa). The gulch is the dividing line; thence to Kapuahi, a kaahumanu belonging to Waiakea; thence follow the ancient road to Kauunuunumoa, up to Kilohana, an old resting place; thence still up the old road to Kumuniu; thence up the road to Koumuumumoa, belonging to Waiakea; thence along old road to a place called Naiheakealahau, belonging to Waiakea; thence along to Kahueawai still following road; thence to Kaaipopolo, thence to a large ohia tree, marked W at the edge of the forest. This is as far as I went with Webster, and this is all that I saw at that time. I have been told the following From the edge of the forest the boundary runs to the Hilo side of Ohuliipe, a heiau, the woods are not very thick there, and the [page 163] painiu grows on a ridge close to the boundary. The boundary runs along the Hilo base of the ridge. I have always heard that from Ohuliipe, the land of Kukuau only run[s] to the aa, opposite to Nahuina, which is the junction of Kamana and Piihonua roads. I have been to Nahuina and know the place. It is on the old lava flow called Poohina; the flow of 1852 has flowed over it there. Kukuau is cut off by Kaamano and Waiakea. The ohia at this place is scrubby, being on the aa; below it is tall.
Cross-examined

Boundary Commission adjourned. Case continued to December the 17 instant.
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

Boundary Commission opened and case continued on the 17 of December A.D. 1873 according to adjournment from the 16th instant.

Kaaua, kane, sworn, I was born at Waiakea uka at the time of Akakai mokuakai. I know a part of the boundaries between Kukuau 1st and Waiakea. Kuakaahalawa and Keike, who were bird catchers and canoe makers and old settlers on the land, and who knew all the boundaries, told them to me. Commencingat the sea side on the Puna bank of the Waialama river, the boundary between Kukuau and Waiakea runs mauka to Kumu, a noted jumping off place and boiling springs at the head of the Wailama river; thence in a swail [swale] to Kalanakama, a place on the Government road to the volcano. The swail is on Waiakea; thence in the swail mauka to the Puna side of Kipi's yard; thence to the water hole of Waipio, belonging to Kukuau 1st; thence to Wainaku, a water hole where rushes are growing, belonging to Kukuau 1st; thence to Kahana, on Kukuau 1st, where there is a lauhala grove, aa and pahoehoe. [page 164] The boundary runs near to a swail, but the swail is on Waiakea. The old road to Kaumuumumoa is near the boundary and on Kukuau 1st the boundary running between the road and the awaawa.

Thence along this old road to Kalopoiki (I do not know as this place belongs to either land); thence along the old road to Kukuinui, where the kahawai runs on to Kukuau 1st and belongs entirely to that land, taking the name of Waiola gulch. Kukuinui is a grove of Kukui trees in the gulch; thence along the old road to Kapuahi, a kaahumanu (called so from its being an old bird ground); thence to Kilohano; thence to Pilenui; thence to Kumuniu, there leaving the old road to Koumuumumoa, the boundary runs up a branch road, that leads to Kahakauwila, and runs along said road to Mananui; one side of the road belonging to Waiakea and the other to Kukuau 1st.

Thence to Niaheakealahau where Waiakea takes all the road and Kukuau 1st is confined to the tall ohia; thence the boundary runs to the Hilo side of a bathing place called Kuawai; this place is on Kukuau 1st; thence to Kahuakamoa (in olden times a noted place for cock fighting); thence the boundary runs along the line of the old road (now used for drawing down wood) to Kuaiaina, where the roads from Kukuau and Waiakea join. The pahoehoe and trees on it belong to Waiakea, and the forest on the Hilo side to Kukuau 1st. Thence to Kaaipopolo, a place where popolo now grows.

Notes: Witness states that Mr. Webster marked a tree, on the opposite side from Kaaipopolo, as the true boundary between the two lands, but as he objected to that boundary Mr. Webster changed the survey to Kaiipopolo.

There is a large tree with a blaze on it at this place; thence to Ohuliipii, a hill on Waikea [sic]. I do not know of there being a heiau there in olden times; thence [page 165] to a place called Kanoa; thence to Mehuiki, an old canoe building place; thence to Kaileo, another canoe building spot where koa trees are growing. I have lived there; thence to Kalaiholona, a canoe building place; thence to Kailihelelei, a grove of koa trees; thence to Muanui, a great bird catching place; thence to Hoaa, the boundary is on a line with Hoaa, but the place itself is way inside of Waiakea. I have always been told that Kukuau ends at Piliiki. I do not know what other lands join above it. Opuloa, kane and Nahua (now dead) and Kaawa from Olaa were the kamaaina with Webster. Kahaole Opunui now living in Hamakua was a kamaaina of Kukuau 1st.
Cross-examined.

Puaa, kane, sworn, I know the boundaries of Kukuau 1st. I obtained my information from old kamaaina, and from having lived near there all my life. I always heard that the Waialama river is equally divided between Waiakea and Kukuau 1st.

Commencing at Kumu and from thence the boundary runs to Kalanakama; thence in a small swail [swale to the Puna side of Kipi's yard; thence to Upeeloa; thence to Kalopoiki; belonging to both lands; thence to Kapualii, a kaahumanu; thence along the old road to Nahoanaomua; thence to Kilohano; thence along the old road to Kumunui; thence to where the road branches off to Hakauwila's house; thence to Waiheakealahau, here the Pahoehoe belongs to Waiakea and the woods to Kukuau 1st; thence to Hueawai; thence along the old road to Kahuakamoa; thence still following the old road, to Kuaiaina; thence to Kupiinau, where it leaves Waiakea road and runs to Kaaipopolo. At this place the pahoehoe ends and the bush begins; thence to Kahamoule; thence to Umilehu; thence to Kanoa; thence to [page 166] Nehuiki; thence to Kailio; thence to Kailihelelei; thence to Muanui; thence to Lapanaia. To this point the boundary runs towards Kalaieha and the base of Mauna Loa. From this point it runs toward Hamakuka and Mauna Kea. From Lapanaia the boundary runs up to a point between Hoaa and Kaunuapakea where Kukuau 1st is cut off by the junction of Kaamana and Waiakea. This is all I know the boundaries of Kukuau 1st.
Cross-examined.
R.A. Layman

Decided to be as given in J.M. Lydgate's notes of survey. Certificate issued January 21, 1875.

No. 58 Folio 101, Liber I or No. 3
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

For costs see folio 105, Liber I.

For Certificate see No. 58, Folio 101, Liber I.

[note: in the following book the page number is added at the end of the word in this document, although in the original text it might be in the middle of a word]


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume 1, No. 3, pps 101-105

For Testimony of Kukuau 1st, See F ....

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.... larly to the case in question.

The lack of continuity and uniformity in the description of the boundary of Kukuau 1st on its West side, adjacent Kukuau 2nd have been covered by a study of the relations of Section 1 and 2 of boundary Certificate No. 52 of Kukuau 2nd which clearly shows the omission of the line along Land Commission Award No. 4239B Kanaina, as I have already indicated in my direct examination.

I could not professionally accept a point or fix a line on the boundary of this land and of Waiakea, without a previous determination from some known point, which i have done, and which conforms to the same points and lines along the sea beach, as shown on the Official Map of the town of Hilo.

I do not recognize the authority of either persons or officials, of arbitrarily settling upon lines or boundaries, which have the stamp of legal approval, except by means provided under the law.

Court adjourned until 1:30 p.m.

Commission of Boundaries met at 1:30 and waited until 2 p.m. for E.D. Baldwin to appear. At 2 p.m. E.D. Baldwin and Carl S. Smith appeared and argued for a continuance of the case for a few days.

Commissioner ruled that hearing go on as far as E.D. Baldwin could go today, and that then he would then hear arguments for and against a continuance of the case.
Cross questioning of A.B. Loebenstein continued by E.D. Baldwin.

Question: Has not Lydgate from a point a little [page 299] way above Front street, on the boundary of Waiakea, followed notes of survey of Waiakea made by William Webster to the lower edge of the woods?
Answer: It is given in the Boundary Certificate No. 58, land of Kukuau I but as an actual matter of fact, the lines of the Webster survey are from the woods to the sea beach and not from the beach to the woods.

Question: How did you fix the point above Front Street, that Lydgate took for his Initial point, and then adopted Webster"s survey?
Answer: I discarded that point, for the reason that the Webster survey did not reach that point, and for the further reason that the traditions, and kamaaina evidence from the Volcano Road to the sea beach are matters of record.

Question: Does not Webster"s survey tie the above point, the point in question to the Northwest corner of land of Piopio, survey of Piopio having been made by him?
Answer: It does.

Question: Then why did you disregard that distance, locating above mentioned point, when it had been located and recorded by William Webster, a reputable surveyor?
Answer: For the reason that the North West angle of Piopio, Certificate No. 29 is largely hypothetical and doubtful at this day. This being the same point as the one described in Certificate No. 29 of the Boundaries of Piopio, reading as follows: Commencing at the North West corner of Piopio at high water mark, opposite a stone marked PW &c. I have further, on repeated occasions followed out the boundaries of Piopio and have never been able to find or identify this particular point, nor been able to make it agree, either in bearing or distance with the point given by Webster on the line of Waiakea and Kukuau, and the point in question above Front Street. Had I adhered to the description I would have encroached and trespassed within boundaries of Waiakea, a land now [page 300] owned by the Government.

Question: Whenever you have had anything to do with Webster"s surveys, did you not find them as a general thing, consistent surveys as compared to other Magnetic surveys?

Answer: I have found them superior, if anything to contemporaneous surveys excepting where boundaries were contiguous to Marsh or tide lands; although as a matter of fact, the doubtful interpretations on his part were balanced by the careful descriptions of pints to which his surveys led., by giving the names of lands or the delimitations of his bearings and distances by natural monuments and land marks.

Question by Commissioner: Is the line given by you, running toward seashore form the east corner of kuleana, Kanaina Land Commission Award 4239B the same line as the one given in Certificate of Boundaries of the portion of Kukuau 2nd that is situated on the makai side of Front Street, and also the line given in the Royal Patent No. 5706, of Kukuau 2nd?
Answer: It is the identical line described the Certificate of Boundaries of Kukuau 2nd, Apana 1, and also in the Royal Patent of Kukuau 2nd.

Question by Commissioner: From the lower edge of woods to the extreme South angle on Boundary of Waiakea that is between Stations 50 and 51 - did you follow the course and distance given in notes of survey given in the old Certificate of Boundaries of Kukuau 1st?
[Answer:] I did, only changing from Magnetic bearings to true bearings and I run the present survey out on the ground.

Question by E.D. Baldwin: From Stations 46 to 47 or course 47- in your notes of survey of Boundary between lands of Kukuau 1st and 2nd, did you follow the course and distance given in the [page 301] Patent of Kukuau 2nd?
Answer: I followed the course but not the distance.

Question by Commissioner: Why did you not follow the distance given in the Patent of Kukuau 2nd?
Answer: For reasons that I have already explained in my direct evidence.
The description in Certificate No. 52 of Kukuau 2nd from a point a little above Government road, Volcano Road to upper mauka angle, had been run by Lydgate along North boundary of Kukuau 2nd to a point within land of Punahoa 2nd, an award by survey, and also patented by survey and its upper or mauka line within land of Punahoa 2nd to the South West angle, where Kukuau 2nd turns toward sea coast, the South boundary following along land of Kukuau 1st.

Within the woods and along Kukuau 1st the Certificate indicates two long lines to a point at the lower edge of the woods marked by a clump of Gingers, planted by Mr. Lydgate, and noted by him.

The fact that a portion of Kukuau 2nd encroached beyond what Mr. Lydgate should have considered its legal boundary, that is to say, the South boundary of Punahoa 2d, would vitiate any claim for that portion of it. There was therefore presented to the surveyor the problem of arriving if possible, at the original intent of Mr. Lydgate, at the time these surveys were executed in 1873 or 1874.

In the one case by the running the line out down from above, the land of Kukuau 2nd would have exhibited a width disproportionate with the plans filed by Mr. Lydgate, and seriously cutting into Kukuau 1st. While on the other hand to have run out the full distance of the line from the gingers at lower edge of woods up, would result in practically cutting [page 302] land of Kukuau 1st in two. The presentation of these facts was duly made to the owners of both Kukuau 1st and Kukuau 2nd and an expression of opinion furthermore obtained from Mr. C.J. Lyons, at that time assistant in charge of the government survey bureau. In response to which I obtained his opinion on the facts of the case.

While I did not consider this in may way authorative [sic], but as merely indicating the views held by them. I submitted the same to the respective owners of both lands. And the cutting off of the line from the gingers to the angle in the woods was duly authorized and endorsed by them. I would further add that a surveyor when confronted with questions of this nature, will exercise his judgement, as to when or when not to adhere rigidly to a given description which shows clearly in the face of it., that followed out, it would result in an absurd interpretation. It is for this reason that the South line of Kukuau 1st from the lower edge of the woods beginning at the gingers, was not altered from the original descriptions, and the line along Waiakea from there on, both the course and distance were modified to conform to the South boundary of Punahoa 2nd which boundary would naturally dominate. I would further say that there is no evidence on record to show that either the Kukuau 1st and second boundary, or the Kukuau 1st and Waiakea boundary were ever actually run out on the ground from the gingers through the woods. From the woods to the seashore there are monuments or piles of stones on both side of land.

Case continued until Friday, August 10th, 1900, at 10 a.m.
Rufus A. Lyman, Commissioner of Boundaries, 3rd & 4th Judicial Circuits, Island of Hawaii
[page 303]
Case reopened Friday, August 10th, 1900
Cross examination continued

What is bearing of your course #95?
North 31° 14" East 747.6 feet
What is Webster"s magnetic bearing?
North 32° 35" East 452 feet magnetic.

Does your bearing agree with Webster"s?
No.
What is the bearing and distance of your course #94?
North 03° 19" East 410.7 feet true.
What is Webster"s bearing?
North 4° 30" West 410 feet Magnetic.
Does your course agree with Webster"s?
It is the same course allowing for change in time.

What is the bearing of your course #93?
North 48° 55" East 362 feet True.
What are Webster"s bearing and distances from gully on Volcano Road to point near Kumu Spring?
There is no spring described in Webster"s survey.

What are the two next bearings and distances in Webster"s survey from gully on volcano Road?
North 36° 20" East 193 Magnetic
North 63° 50" East 257 feet
Does your course 93 agree with Webster"s?
It does not.

Does line from Kilohana along Waiakea to seashore run over any part of 80-81 flow.
It does
About what distance is line on said flow?
About 3550 feet by courses, 3100 feet air line.
Is that distance shown on your map?
It is.

Government asks for map. Map is exhibited and distances verified.

Was this mass of lava there when Webster run his courses?
I don"t think so.
[page 304]
Question by Commissioner. In going down from the fish pond wall toward the sea, did you find the old Iwi aina?
I did.
Of what did the iwi aina consist?
Of an old Kuauna of dirt capped by rock and stones and placed in a manner according to ancient custom.
About how far down?
Below the line of a fence which extends across Kukuau 1 above the line of Front Street.

Did you find above Front St. where Waialama had flowed toward Waiakea?
Yes.
Is it distinct?
Distinct to one who in my profession is accustomed to deal in land matter and monuments.

Did the Iwi Aina extend to it?
Yes, and beyond it toward the beach forming an angle of which one line is identical with original bank of Waialama, the other bank being the Kuauna which I described.

Did you examine and see if there were any other iwi ainas close to it going toward Waiakea and toward town?
There is another iwi aina going toward Waiakea but I did not consider it important enough to enter this controversy.
Where did it extend?
It extends towards Waiakea to near the end of course 94.
Is it a stony region?
It is not a stony region and the stones must have been quarried at some distance.
It is a stone of bluish gray appearance while the stone between Wailoa and Wailama is black and porous while this stone is denser and looks like the stone above Waiolama.

[page 305]
the time of construction of this Iwi aina and the purposes for which it was constructed are facts well known to old kamaainas and others.

How does your course 95 4un in reference to the Iwi aina?
Practically the same but having in view the elimination of short courses and distances for the purpose of better identification in the future, I abandoned a short distance from the lower end of the Kuauna, leaving it in Waiakea.

Did you ever test Webster"s survey form the road to the beach to see where his last course ended at the seashore?
I have. About 80 feet from the end of said line and due east from my Waiakea Kukuau line.

Did you ever test it running in an easterly direction to see if the Piopio line was the same?
I did, finding it practically coincident.

Does the boundary run through the Keliikolani house?
It does and is so shown on the official maps.

In starting from lower edge of woods on boundary of Kukuau 1st and 2nd as given in Royal Patent South 67° 55" west and from that angle to the extreme mauka end of land, will it run into Punahoa 2nd as patented?
It will not. I have actually located the Southwest corner of Punahoa 2nd.

If you run line between Waiakea and Kukuau 1st as certified in Certificate #58 to the extreme Southwest corner of Kukuau 1 on Waiakea, will it cut Kukuau in two?
It will not.

Will it leave Kukuau 1st cut off by Waiakea?
It will have it as given by survey of Lydgate. [Continued Part 2 page 306]
Certification: 189
Ahupua`a: Kukuau 1
District: Hilo
Island: Hawaii
Ownership: Kuniakea, Albert
Misc:
Year: 1903
Statistics: 52881 characters 9116 words
Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume A, No. 1, p. 234

Kukuau, District of Hilo
Waiaka, District of Kohala
Waikahekahe, District of Puna

Lahaina, August 4th 1873
Imua o ka Mea Hanohano R.A. Lyman, Ke Komisina Palena Aina no Ka Mokupuni o Hawaii

Owau no o ka mea nona ka inoa malalo iho nei ke noi aku nei au imua ou e hoomaopopoia a e hooiaioia na palena o ke Ahupuaa o Kukuau e waiho la ma Hilo ma ka Mokupuni o Hawaii, ame Waiaka ma Waimea Hawaii, ame Waikahekahe ma Puna, Hawaii; aka ke hooili pu aku nei au i ka Palapala Sila o Waiaka ame Waikahekahe a naui ke Komisina Palena Aina o ke Mokupuni o Hawaii e noonoo no ia mau aina a iloko oia Palapala Sila a`u e hooili aku nei ua lilo o Waiaka ia hoi Ahupuaa ma Kahu a a ua lilo no o Pahoehoe ma Kona ia hoi oia Ka mea hoakaka ia oe Komisina Palena Aina o Hawaii.

A nolaila e olelo oe i ka mea ana aina e ana.
Owau no, me Ka Mahalo,
(signed) P. Nahaolehua
Lima Hooponopono Waiwai o
Albert Kuniakea


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume B, pps 160-166

The Ahupuaa of Kukuau 1st, District of Hilo, Island of Hawaii, 3d Judicial Circuit

On this, the 16th day of December A.D. 1873, the Commission of Boundaries for the Island of Hawaii, 3d Judicial Circuit, met at the Court House in Hilo, Hawaii, on the application of P. Nahaolehua, Guardian of Albert Kuniakea for the settlement of Kukuau 1st, situated in the District of Hilo, Island of Hawaii.

Notice of hearing served by publication in the Hawaiian Gazette of [left blank] and Kuokoa of [left blank] 1873, and due notice personally served on owners or agents of adjoining lands, as far as known.

Present: E.G. Hitchcock for applicant and Crown Commissioner.

for Petition see Folio 234 Book A.

Testimony
Keikemahine, kane, sworn, I was born at Kau at the time of Niaukuni, moved to Hilo when a child and have resided here ever since; the boundaries of Kukuau were told me by old kamaaina. Kaainapau, my brother, was one of them. He lived on the land and was the cause of my coming here. All these kamaaina are now dead.

I have been a canoe builder.

Commencing at the Waialama river which belongs to both lands, the boundary runs to the head of the river at a place called Palaoa, on Kukuau 1st; thence to Pohakunui, at Kipi's place the boundary between Kukuau 1st and Waiakea is in a swail [swale] (what I call a kahawai) just outside of this place, thence to Waipio, a water hole on Kukuau 1st. The land is very narrow there. Thence to Wainaku, a pool of standing water where rushes are growing. The boundary line runs along side of Waipio, thence to Kahawa, belonging to Kukuau; thence to Holokoiki, an old planting place, mostly belonging to Waiakea; Kukuau taking only a small part of it; thence to Kukuinui, a kahawai with kukui [page 161] trees in and around the boundary running in the old road to Kaumuunumoa; thence on the road; thence still following the road to Kumuniu, an old cocoanut tree, thence up the road to Naiheakealahou, where there is a well of water and a graveyard; thence to Huawai, a bathing place belonging to Waiakea; from this place all the pahoehoe belongs to Waiakea; thence to Kuaiaina, the junction of two roads, one from Waiakea and one from Kukuau. Pahoehoe and the trees growing on it belong to Waiakea, and the ohia on the Hilo side belongs to Kukuau 1st. Thence to Haaipopolo, where the bush begins and where they used to catch birds. The forest all being on Kukuau 1st; thence the boundary runs to Kanekaulukaau, an old planting place in the woods, belonging to Waiakea. Palaa is the name of the adjoining planting place on Kukuau; thence to the Hilo side of Ohuliipe, a heiau belonging to Waiakea. This heiau is on a hill and from it you can see the sea. The boundary lines is some distance from this hill. It follows up a ridge that runs mauka and makai; and is the dividing line. It is where the painiu grows. Thence from the ridge to Nehuiki, where we used to get canoes eight fathoms long, very large koa and ohia grow together; thence to Kalaholona; thence to Kailihololei, where the bird catchers used to catch oo; thence to Muanui, another bird catchers place. This is as far as I know the boundaries of Kukuau 1st.
Cross-examined.

Kapu, kane, sworn, I know the boundaries between Waiakea and Kukuau 1st. I heard them from my parents. Koi, kane and Palau, wahine (both now dead), who were born on Waiakea. I was also with Webster when he surveyed Waiakea. He surveyed the line between Kukuau and Waiakea. His kamaaina were Kukelekai [page 162] and Kahaoleopuni, both from Kukuau 1st. There was no Waiakea kamaaina present to show boundaries. I do not know as any one was hunted up from Waiakea.

Kukelekai is dead, Kahaoleopuni is at Hamakua and is blind. That was the first time that I ever saw the boundaries. Commencing at a pile of stones on the Puna side of the Waialama river; thence to Hanalei fish pond, on Waiakea there is a strong wall between the fish pond and the river which is the boundary between the two lands; thence to Kumu, on the bank of the Waialama river; thence to Kalanakama, where the Government road to the volcano runs through the land; thence to Huia, on Kukuau, there is a small kahawai there belonging to Waiakea and the level land on the Hilo side belongs to Kukuau; thence to Upeeloa where Lauhala trees are growing. at this place there is a kahawai between the two lands that runs into Huia kahawai; thence to an old planting ground called Lohoiki. All the men that I have seen planting at this place belong to Kukuau; therefore I say this place belongs to Kukuau.

Thence to Kukuinui at the kahawai of Upeeloa (This land, kahawai runs down and enters into the other kahawai of Upeeloa). The gulch is the dividing line; thence to Kapuahi, a kaahumanu belonging to Waiakea; thence follow the ancient road to Kauunuunumoa, up to Kilohana, an old resting place; thence still up the old road to Kumuniu; thence up the road to Koumuumumoa, belonging to Waiakea; thence along old road to a place called Naiheakealahau, belonging to Waiakea; thence along to Kahueawai still following road; thence to Kaaipopolo, thence to a large ohia tree, marked W at the edge of the forest. This is as far as I went with Webster, and this is all that I saw at that time. I have been told the following From the edge of the forest the boundary runs to the Hilo side of Ohuliipe, a heiau, the woods are not very thick there, and the [page 163] painiu grows on a ridge close to the boundary. The boundary runs along the Hilo base of the ridge. I have always heard that from Ohuliipe, the land of Kukuau only run[s] to the aa, opposite to Nahuina, which is the junction of Kamana and Piihonua roads. I have been to Nahuina and know the place. It is on the old lava flow called Poohina; the flow of 1852 has flowed over it there. Kukuau is cut off by Kaamano and Waiakea. The ohia at this place is scrubby, being on the aa; below it is tall.
Cross-examined

Boundary Commission adjourned. Case continued to December the 17 instant.
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

Boundary Commission opened and case continued on the 17 of December A.D. 1873 according to adjournment from the 16th instant.

Kaaua, kane, sworn, I was born at Waiakea uka at the time of Akakai mokuakai. I know a part of the boundaries between Kukuau 1st and Waiakea. Kuakaahalawa and Keike, who were bird catchers and canoe makers and old settlers on the land, and who knew all the boundaries, told them to me. Commencingat the sea side on the Puna bank of the Waialama river, the boundary between Kukuau and Waiakea runs mauka to Kumu, a noted jumping off place and boiling springs at the head of the Wailama river; thence in a swail [swale] to Kalanakama, a place on the Government road to the volcano. The swail is on Waiakea; thence in the swail mauka to the Puna side of Kipi's yard; thence to the water hole of Waipio, belonging to Kukuau 1st; thence to Wainaku, a water hole where rushes are growing, belonging to Kukuau 1st; thence to Kahana, on Kukuau 1st, where there is a lauhala grove, aa and pahoehoe. [page 164] The boundary runs near to a swail, but the swail is on Waiakea. The old road to Kaumuumumoa is near the boundary and on Kukuau 1st the boundary running between the road and the awaawa.

Thence along this old road to Kalopoiki (I do not know as this place belongs to either land); thence along the old road to Kukuinui, where the kahawai runs on to Kukuau 1st and belongs entirely to that land, taking the name of Waiola gulch. Kukuinui is a grove of Kukui trees in the gulch; thence along the old road to Kapuahi, a kaahumanu (called so from its being an old bird ground); thence to Kilohano; thence to Pilenui; thence to Kumuniu, there leaving the old road to Koumuumumoa, the boundary runs up a branch road, that leads to Kahakauwila, and runs along said road to Mananui; one side of the road belonging to Waiakea and the other to Kukuau 1st.

Thence to Niaheakealahau where Waiakea takes all the road and Kukuau 1st is confined to the tall ohia; thence the boundary runs to the Hilo side of a bathing place called Kuawai; this place is on Kukuau 1st; thence to Kahuakamoa (in olden times a noted place for cock fighting); thence the boundary runs along the line of the old road (now used for drawing down wood) to Kuaiaina, where the roads from Kukuau and Waiakea join. The pahoehoe and trees on it belong to Waiakea, and the forest on the Hilo side to Kukuau 1st. Thence to Kaaipopolo, a place where popolo now grows.

Notes: Witness states that Mr. Webster marked a tree, on the opposite side from Kaaipopolo, as the true boundary between the two lands, but as he objected to that boundary Mr. Webster changed the survey to Kaiipopolo.

There is a large tree with a blaze on it at this place; thence to Ohuliipii, a hill on Waikea [sic]. I do not know of there being a heiau there in olden times; thence [page 165] to a place called Kanoa; thence to Mehuiki, an old canoe building place; thence to Kaileo, another canoe building spot where koa trees are growing. I have lived there; thence to Kalaiholona, a canoe building place; thence to Kailihelelei, a grove of koa trees; thence to Muanui, a great bird catching place; thence to Hoaa, the boundary is on a line with Hoaa, but the place itself is way inside of Waiakea. I have always been told that Kukuau ends at Piliiki. I do not know what other lands join above it. Opuloa, kane and Nahua (now dead) and Kaawa from Olaa were the kamaaina with Webster. Kahaole Opunui now living in Hamakua was a kamaaina of Kukuau 1st.
Cross-examined.

Puaa, kane, sworn, I know the boundaries of Kukuau 1st. I obtained my information from old kamaaina, and from having lived near there all my life. I always heard that the Waialama river is equally divided between Waiakea and Kukuau 1st.

Commencing at Kumu and from thence the boundary runs to Kalanakama; thence in a small swail [swale to the Puna side of Kipi's yard; thence to Upeeloa; thence to Kalopoiki; belonging to both lands; thence to Kapualii, a kaahumanu; thence along the old road to Nahoanaomua; thence to Kilohano; thence along the old road to Kumunui; thence to where the road branches off to Hakauwila's house; thence to Waiheakealahau, here the Pahoehoe belongs to Waiakea and the woods to Kukuau 1st; thence to Hueawai; thence along the old road to Kahuakamoa; thence still following the old road, to Kuaiaina; thence to Kupiinau, where it leaves Waiakea road and runs to Kaaipopolo. At this place the pahoehoe ends and the bush begins; thence to Kahamoule; thence to Umilehu; thence to Kanoa; thence to [page 166] Nehuiki; thence to Kailio; thence to Kailihelelei; thence to Muanui; thence to Lapanaia. To this point the boundary runs towards Kalaieha and the base of Mauna Loa. From this point it runs toward Hamakuka and Mauna Kea. From Lapanaia the boundary runs up to a point between Hoaa and Kaunuapakea where Kukuau 1st is cut off by the junction of Kaamana and Waiakea. This is all I know the boundaries of Kukuau 1st.
Cross-examined.
R.A. Layman

Decided to be as given in J.M. Lydgate's notes of survey. Certificate issued January 21, 1875.

No. 58 Folio 101, Liber I or No. 3
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.

For costs see folio 105, Liber I.

For Certificate see No. 58, Folio 101, Liber I.

[note: in the following book the page number is added at the end of the word in this document, although in the original text it might be in the middle of a word]


Kukuau 1st Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume 1, No. 3, pps 101-105

For Testimony of Kukuau 1st, See F ....

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.... larly to the case in question.

The lack of continuity and uniformity in the description of the boundary of Kukuau 1st on its West side, adjacent Kukuau 2nd have been covered by a study of the relations of Section 1 and 2 of boundary Certificate No. 52 of Kukuau 2nd which clearly shows the omission of the line along Land Commission Award No. 4239B Kanaina, as I have already indicated in my direct examination.

I could not professionally accept a point or fix a line on the boundary of this land and of Waiakea, without a previous determination from some known point, which i have done, and which conforms to the same points and lines along the sea beach, as shown on the Official Map of the town of Hilo.

I do not recognize the authority of either persons or officials, of arbitrarily settling upon lines or boundaries, which have the stamp of legal approval, except by means provided under the law.

Court adjourned until 1:30 p.m.

Commission of Boundaries met at 1:30 and waited until 2 p.m. for E.D. Baldwin to appear. At 2 p.m. E.D. Baldwin and Carl S. Smith appeared and argued for a continuance of the case for a few days.

Commissioner ruled that hearing go on as far as E.D. Baldwin could go today, and that then he would then hear arguments for and against a continuance of the case.
Cross questioning of A.B. Loebenstein continued by E.D. Baldwin.

Question: Has not Lydgate from a point a little [page 299] way above Front street, on the boundary of Waiakea, followed notes of survey of Waiakea made by William Webster to the lower edge of the woods?
Answer: It is given in the Boundary Certificate No. 58, land of Kukuau I but as an actual matter of fact, the lines of the Webster survey are from the woods to the sea beach and not from the beach to the woods.

Question: How did you fix the point above Front Street, that Lydgate took for his Initial point, and then adopted Webster"s survey?
Answer: I discarded that point, for the reason that the Webster survey did not reach that point, and for the further reason that the traditions, and kamaaina evidence from the Volcano Road to the sea beach are matters of record.

Question: Does not Webster"s survey tie the above point, the point in question to the Northwest corner of land of Piopio, survey of Piopio having been made by him?
Answer: It does.

Question: Then why did you disregard that distance, locating above mentioned point, when it had been located and recorded by William Webster, a reputable surveyor?
Answer: For the reason that the North West angle of Piopio, Certificate No. 29 is largely hypothetical and doubtful at this day. This being the same point as the one described in Certificate No. 29 of the Boundaries of Piopio, reading as follows: Commencing at the North West corner of Piopio at high water mark, opposite a stone marked PW &c. I have further, on repeated occasions followed out the boundaries of Piopio and have never been able to find or identify this particular point, nor been able to make it agree, either in bearing or distance with the point given by Webster on the line of Waiakea and Kukuau, and the point in question above Front Street. Had I adhered to the description I would have encroached and trespassed within boundaries of Waiakea, a land now [page 300] owned by the Government.

Question: Whenever you have had anything to do with Webster"s surveys, did you not find them as a general thing, consistent surveys as compared to other Magnetic surveys?

Answer: I have found them superior, if anything to contemporaneous surveys excepting where boundaries were contiguous to Marsh or tide lands; although as a matter of fact, the doubtful interpretations on his part were balanced by the careful descriptions of pints to which his surveys led., by giving the names of lands or the delimitations of his bearings and distances by natural monuments and land marks.

Question by Commissioner: Is the line given by you, running toward seashore form the east corner of kuleana, Kanaina Land Commission Award 4239B the same line as the one given in Certificate of Boundaries of the portion of Kukuau 2nd that is situated on the makai side of Front Street, and also the line given in the Royal Patent No. 5706, of Kukuau 2nd?
Answer: It is the identical line described the Certificate of Boundaries of Kukuau 2nd, Apana 1, and also in the Royal Patent of Kukuau 2nd.

Question by Commissioner: From the lower edge of woods to the extreme South angle on Boundary of Waiakea that is between Stations 50 and 51 - did you follow the course and distance given in notes of survey given in the old Certificate of Boundaries of Kukuau 1st?
[Answer:] I did, only changing from Magnetic bearings to true bearings and I run the present survey out on the ground.

Question by E.D. Baldwin: From Stations 46 to 47 or course 47- in your notes of survey of Boundary between lands of Kukuau 1st and 2nd, did you follow the course and distance given in the [page 301] Patent of Kukuau 2nd?
Answer: I followed the course but not the distance.

Question by Commissioner: Why did you not follow the distance given in the Patent of Kukuau 2nd?
Answer: For reasons that I have already explained in my direct evidence.
The description in Certificate No. 52 of Kukuau 2nd from a point a little above Government road, Volcano Road to upper mauka angle, had been run by Lydgate along North boundary of Kukuau 2nd to a point within land of Punahoa 2nd, an award by survey, and also patented by survey and its upper or mauka line within land of Punahoa 2nd to the South West angle, where Kukuau 2nd turns toward sea coast, the South boundary following along land of Kukuau 1st.

Within the woods and along Kukuau 1st the Certificate indicates two long lines to a point at the lower edge of the woods marked by a clump of Gingers, planted by Mr. Lydgate, and noted by him.

The fact that a portion of Kukuau 2nd encroached beyond what Mr. Lydgate should have considered its legal boundary, that is to say, the South boundary of Punahoa 2d, would vitiate any claim for that portion of it. There was therefore presented to the surveyor the problem of arriving if possible, at the original intent of Mr. Lydgate, at the time these surveys were executed in 1873 or 1874.

In the one case by the running the line out down from above, the land of Kukuau 2nd would have exhibited a width disproportionate with the plans filed by Mr. Lydgate, and seriously cutting into Kukuau 1st. While on the other hand to have run out the full distance of the line from the gingers at lower edge of woods up, would result in practically cutting [page 302] land of Kukuau 1st in two. The presentation of these facts was duly made to the owners of both Kukuau 1st and Kukuau 2nd and an expression of opinion furthermore obtained from Mr. C.J. Lyons, at that time assistant in charge of the government survey bureau. In response to which I obtained his opinion on the facts of the case.

While I did not consider this in may way authorative [sic], but as merely indicating the views held by them. I submitted the same to the respective owners of both lands. And the cutting off of the line from the gingers to the angle in the woods was duly authorized and endorsed by them. I would further add that a surveyor when confronted with questions of this nature, will exercise his judgement, as to when or when not to adhere rigidly to a given description which shows clearly in the face of it., that followed out, it would result in an absurd interpretation. It is for this reason that the South line of Kukuau 1st from the lower edge of the woods beginning at the gingers, was not altered from the original descriptions, and the line along Waiakea from there on, both the course and distance were modified to conform to the South boundary of Punahoa 2nd which boundary would naturally dominate. I would further say that there is no evidence on record to show that either the Kukuau 1st and second boundary, or the Kukuau 1st and Waiakea boundary were ever actually run out on the ground from the gingers through the woods. From the woods to the seashore there are monuments or piles of stones on both side of land.

Case continued until Friday, August 10th, 1900, at 10 a.m.
Rufus A. Lyman, Commissioner of Boundaries, 3rd & 4th Judicial Circuits, Island of Hawaii
[page 303]
Case reopened Friday, August 10th, 1900
Cross examination continued

What is bearing of your course #95?
North 31° 14" East 747.6 feet
What is Webster"s magnetic bearing?
North 32° 35" East 452 feet magnetic.

Does your bearing agree with Webster"s?
No.
What is the bearing and distance of your course #94?
North 03° 19" East 410.7 feet true.
What is Webster"s bearing?
North 4° 30" West 410 feet Magnetic.
Does your course agree with Webster"s?
It is the same course allowing for change in time.

What is the bearing of your course #93?
North 48° 55" East 362 feet True.
What are Webster"s bearing and distances from gully on Volcano Road to point near Kumu Spring?
There is no spring described in Webster"s survey.

What are the two next bearings and distances in Webster"s survey from gully on volcano Road?
North 36° 20" East 193 Magnetic
North 63° 50" East 257 feet
Does your course 93 agree with Webster"s?
It does not.

Does line from Kilohana along Waiakea to seashore run over any part of 80-81 flow.
It does
About what distance is line on said flow?
About 3550 feet by courses, 3100 feet air line.
Is that distance shown on your map?
It is.

Government asks for map. Map is exhibited and distances verified.

Was this mass of lava there when Webster run his courses?
I don"t think so.
[page 304]
Question by Commissioner. In going down from the fish pond wall toward the sea, did you find the old Iwi aina?
I did.
Of what did the iwi aina consist?
Of an old Kuauna of dirt capped by rock and stones and placed in a manner according to ancient custom.
About how far down?
Below the line of a fence which extends across Kukuau 1 above the line of Front Street.

Did you find above Front St. where Waialama had flowed toward Waiakea?
Yes.
Is it distinct?
Distinct to one who in my profession is accustomed to deal in land matter and monuments.

Did the Iwi Aina extend to it?
Yes, and beyond it toward the beach forming an angle of which one line is identical with original bank of Waialama, the other bank being the Kuauna which I described.

Did you examine and see if there were any other iwi ainas close to it going toward Waiakea and toward town?
There is another iwi aina going toward Waiakea but I did not consider it important enough to enter this controversy.
Where did it extend?
It extends towards Waiakea to near the end of course 94.
Is it a stony region?
It is not a stony region and the stones must have been quarried at some distance.
It is a stone of bluish gray appearance while the stone between Wailoa and Wailama is black and porous while this stone is denser and looks like the stone above Waiolama.

[page 305]
the time of construction of this Iwi aina and the purposes for which it was constructed are facts well known to old kamaainas and others.

How does your course 95 4un in reference to the Iwi aina?
Practically the same but having in view the elimination of short courses and distances for the purpose of better identification in the future, I abandoned a short distance from the lower end of the Kuauna, leaving it in Waiakea.

Did you ever test Webster"s survey form the road to the beach to see where his last course ended at the seashore?
I have. About 80 feet from the end of said line and due east from my Waiakea Kukuau line.

Did you ever test it running in an easterly direction to see if the Piopio line was the same?
I did, finding it practically coincident.

Does the boundary run through the Keliikolani house?
It does and is so shown on the official maps.

In starting from lower edge of woods on boundary of Kukuau 1st and 2nd as given in Royal Patent South 67° 55" west and from that angle to the extreme mauka end of land, will it run into Punahoa 2nd as patented?
It will not. I have actually located the Southwest corner of Punahoa 2nd.

If you run line between Waiakea and Kukuau 1st as certified in Certificate #58 to the extreme Southwest corner of Kukuau 1 on Waiakea, will it cut Kukuau in two?
It will not.

Will it leave Kukuau 1st cut off by Waiakea?
It will have it as given by survey of Lydgate. [Continued Part 2 page 306]