Boundary Commission

1874 Kranui, Roke (widow D. Kauliokamoa)
Certification:
Ahupua`a: Waikele
District: Ewa
Island: Oahu
Ownership: Kranui, Roke (widow D. Kauliokamoa)
Misc:
Year: 1874
Statistics: 65960 characters 10044 words
Kapakahi Ili, Waikele Ahupuaa, District of Ewa, Island of Oahu, Boundary Commission, Oahu, Volume 1, No. 2, pps. 306-307

In matter of Boundary of Kapakahi, an Ili, Waikele, Ewa

Application
To L.McCully, Esquire, Commissioner Boundaries &c.
The petition of Roke Kranui of Honolulu, Oahu, widow of David Kauliokamoa respectfully represents as follows, that her late husband was the owner of the Ili of Kapakahi situated in Ewa, Island of Oahu, that the same was awarded by name to D. Kauliokamoa by Minister of Interior under the Act of 1860 in Mahele Award No. 39.

That the said land is situated in Waikele in the District of Ewa, and is bounded by Waipio, by Kanupo, by the Ahupuaa of Waikele, by Kaohai, by Kahapuupuu, by Opua, by Paiwa Waipahu and Kahakuohia. It contains five or six divisions including the river and sundry taro lands, and fish ponds adjoining its banks.

And Your petitioner respectfully prays that the boundaries of the said land may be decided and certified to by your Honor the commissioner and that a day and an hour may be set &c &c.
R.K. Kranui
Honolulu, September 16th 1874

Present: Professor Alexander
Kranui, Wahine, sworn, the widow of Kauliokamoa, who received award No. 39 under act of 1860 for Kapakahi. The river belongs to the Ili, there is no kula land but taro land, very little kula, sufficient for house, one piece of it makes Kanupo and Aualii, [b?] the Ahupuaa. Also Kaohai. It goes around Kaohai. Mr. Bishop (Rev. A.) Once made a survey of my land.

Kaohimauna, sworn, Am well acquainted in this district. This land consists of several pieces.
The river belongs to Kapakahi from the head of it down to the wall called Pahumu. Along the river adjoining Paiwa are sundry fish ponds belonging to Kapakahi. I don't know how many. Follow the river down; there is an apana joining Kanupo, joining Aualii on mauka side and a lele of the Ahupuaa called Kaeleku (No. 2 in Royal Patent) [page 307] also Onio to the river again

Then there is a larger piece below, joining Kaohi — also joins Waipio (on Northeast) of the fish pond Aiolii, a part of Kapakahi joins Waipio - runs up into Waipio.

Kapakahi extends in one piece, which is the principal one, from Aualii to Kaohai.

There is a loko on the other side of the river, of Kapakahi, bounded by Loko Pukou, Ohua, the river.

Witness sums up as follows - pieces, viz.
1. The river. 2. The fish ponds in Paiwa, 3. The piece from Aualii to Kaohai, adjoining the Ahupuaa, 4. The pond of Aialii, bounded by Kaohai & Waipio, 5. The loko, other bank of river, joining Ohua & Puhou.


Kapakahi Ili, Waikele Ahupuaa, District of Ewa, Island of Oahu, Boundary Commission, Oahu, Volume 4, pps 3-32

See Book 1, page 306

In the Matter of the Settlement of the Boundaries of Portions of The Ili of Kapakahi in Waikele, District of Ewa, Island of Oahu, City & County of Honolulu

M.D. Monsarrat, Commissioner of Boundaries for the First Judicial Circuit, Territory of Hawaii

Honolulu, November 4th 1920

The following application for the settlement of portions of the Ili of Kapakahi in Waikele, District of Ewa, Island of Oahu to settle and fix said Boundaries, was filed by the trustees of the Bernice Pauahi Bishop Estate through their attorneys, Robertson, Castle and Olson

(Copy)
Before The Commissioner of Boundaries of the First Judicial Circuit, Territory of Hawaii

In the matter of the settlement of the Boundaries of portions of the Ili of Kapakahi in Waikele, District of Ewa, City and County of Honolulu, Territory of Hawaii.

To M.D. Monsarrat, Esquire, Commissioner of Boundaries In the First Judicial Circuit of the Territory of Hawaii.

The application of William O. Smith, E. Faxten Bishop, Albert F. Judd, William Williamson, and Richard H. Trent, Trustees under the Will and the Estate of Bernice P. Bishop, late of Honolulu aforesaid, deceased, respectfully represents:

That they, the petitioners are residents of Honolulu, City and County of Honolulu, Territory of Hawaii, and are the duly appointed qualified and acting Trustees under the Will and of the Estate of Bernice P. Bishop, deceased: that in and by Mahele Award No. 39, the Minister of the Interior of the Kingdom of Hawaii, acting under and by virtue of the authority conferred and contained in an act enacted and passed at the Legislative session of the Kingdom of Hawaii for the year 1860, entitled “An Act for the Relief of certain konohikis whose names appear in the Dividing of Lands[page 4] from Kamehameha III” approved August 24, 1860, under date of February 7, 1862, did award to Davida Kauliokamoa, the Ili of Kapakahi, in or at Waikele, District of Ewa, Island of Oahu, Territory of Hawaii, and that said award of the said Ili of Kapakahi was awarded by name only and not by boundaries specified in said award; that no Royal Patent has issued in said award of the Ili of Kapakahi nor on or for any part thereof.

That at the date of said award by said Minster of the Interior of the Kingdom of Hawaii, the said Ili of Kapakahi consisted of numerous parts, each separate and distinct from the other.

The [that] the outer boundaries of each and every such part of said Ili of Kapakahi have not at any time heretofore been settled, determined or certified by any judicial tribunal;

That the petitioners above named as trustees under the Will and of the Estate of Bernice P. Bishop, deceased, are and claim to be, the successors in title and interest to the said Davida Kauliokamoa and the owners of each and every, the parts of the aforesaid Ili of Kapakahi, as hereinafter more specifically by survey described, and as such owners are desirous of having the boundaries of said parts of the aforesaid Ili of Kapakahi as hereinafter more specifically by survey described, determined and certified;

That in Schedule “A” hereinbelow incorporated and made a part of this application is a separate statement and description by metes and bounds of the outer boundaries of each part of the Ili of Kapakahi herein and hereby sought to be determined and certified;

That the said descriptions as set forth in Schedule “A” aforesaid of the boundaries as claimed by these petitioners are by a true bearing survey and are connected by coordinates to the Government Survey Trig system that attached to this application and made a part thereof is a map or tracing marked Exhibit “B” showing all natural topographical features permanent or other marks along said boundary lines, the bearings and distances of each course given in said description of survey and such other data from field notes as will make it practicable to re-establish any boundary marks or points that may be lost or destroyed.

That in Schedule “C” hereinbelow incorporated and [page 5] made a part of this application is a statement of the names of the land adjoining the said parts of the aforesaid Ili of Kapakahi, the boundaries of which are herein sought to be determined and certified together with the names where known of the owners of said adjoining lands.

Exhibit “A”

Herein above referred to Description of the Boundaries of part of the Ili of Kapakahi, M.A. 39 to Kauliokamoa.

Lot 1.
Beginning at a concrete post, marked “+” on the West bank of the Kapakahi stream and in the South boundary of this piece, the true azimuth and distance to Brown [triangle with dot in center = Trig Station], (marked by an iron pin) being the true azimuths 293° 17' 1007.3 feet and from said Brown Trig Station the true azimuths and distances to the following Government Triangulation Station being to Waipio-uka 175° 08' 30”; to Manawahua 142° 22'; to Ewa 231° 07' 39” 9874.0 feet and running thence by true azimuths:

1. 112° 45' 37.0 feet along Government land, Ulemoku;
2. 217° 20' 101.0 feet along Land Commission Award 1613 to Huailua, Apana 2;
3. 177° 25' 130.8 feet along Land Commission Award 1613B to Huailua, Apana 2 and Grant 150, Apana 3 to S. Kalama;
4. 248° 00' 39.6 feet along Grant 122, Apana 2 to Wm. Jarrett;
5. 208° 08' 287.55 feet along Grant 122, Apana 2 to Wm. Jarrett to a pipe;
6. 185° 19' 337.7 feet along Grant 150, Apana 2 to S. Kalama to a pipe;
7. 174° 13' 250.2 feet along Grant 122, Apana 3 to Wm. Jarrett;
8. 227° 10' 39.6 feet along Grant 122, Apana 3 to Wm. Jarrett;
9. 164° 10' 99.7 feet along Grant 122, Apana 3 to Wm. Jarrett;
10. 106° 00' 52.7 feet along Grant 122, Apana 3 to Wm. Jarrett;
11. 69° 20' 108.3 feet along Grant 122, Apana 3 to Wm. Jarrett to a pipe;
12. 87° 05' 109.0 feet along Grant 126, Apana 2 to P.F. Manini to a concrete post marked “+”
13. 105° 08' 155.7 feet along Land Commission Award 6545, Apana 1 to H. Haalilo to a pipe;
14. 253° 16' 297.5 feet along Land Commission Award 6545, Apana 1 to H. Haalilio to a concrete post marked “+” on the West bank of the Kapakahi Stream; [page 6]
15. Thence along the West bank of the Kapakahi Stream along Land Commission Award 6545, Apana 1 to H. Haalilio; the direct azimuth and distance being 156° 02' 1728.7 feet;
16. 270° 00' 69.0 feet across Kapakahi Stream and along Grant 124 to Kapahoanui to fence corner;
17. 1° 07' 75.0 feet along West side of Government Road;
18. 331° 31' 792.0 feet along West side of Government Road;
19. 336° 11' 380.0 feet along West side of Government Road;
20. 337° 00' 295.7 feet along West side of Government Road;
21. 258° 28' 16.3 feet along the North line of the O.R. & L. Co's right of way;
22. 335° 32' 102.6 feet across the O.R. & L. Co's right of way to the Northeast corner of Land Commission Award 5531, Apana 2 to Keawe;
23. 78° 28' 55.0 feet along the South line of the O.R. & L. Co's right of way to the East bank of the Kapakahi Stream;
24. Thence along the East bank of the Kapakahi Stream to the South corner of Land Commission Award 5989, Apana 2 to Makole, the direct azimuth and distance being 333° 20' 153.6 feet.
25. 248° 00' 47.6 feet along Land Commission 5989, Apana 2 to Makole to an iron pin;
26. 335° 35' 23.0 feet along Grant 125, Apana 1, to Hao;
27. 239° 53' 92.0 feet along center of Auwai and Grant 125, Apana 1 to Hao;
28. 323° 49' 125.0 feet along Grant 125, Apana 2 to Hao to a pipe;
29. 61° 36' 165.0 feet along Land Commission Award 7260, Apana 1 to B. Namakeha to the East bank of the Kapakahi Stream;
30. Thence along the East bank of the Kapakahi Stream along Land Commission Award 7260, Apana 1 to B. Namakeha, the direct azimuth and distance being 359° 56' 722.4 feet;
31. 268° 30' 20.0 feet along Grant 131 to Kapela;
32. 342° 45' 230.7 feet along Grant 131 to Kapela;
33. 62° 50' 324.0 feet along Grant 12l7, Apana 4 to Wm. Ap Jones to the East bank of the Kapakahi Stream;
34. Thence along the East bank of the Kapakahi Stream, along Grant 127, Apana 4 to Wm. Ap. Jones, the direct azimuth and distance being 42° 38' 212.1 feet;
35. 113° 17' 48.0 feet across the Kapakahi Stream to the point of beginning.
Area Total 10.44 Acres
Less O.R. & L. Co's right of way 0.22
Net 10.22 acres (more or less)

[page 7]
The above right of way being more particularly described in a deed from C.R. Bishop to the Oahu Railway and Land Company dated December 30, 1899, recorded [in] Liber 203, page 413, H.R.of deed said right of way being described as follows:

1. 78° 28' 104.0 feet along the South line of the O.R. & L. Co's right of way and across the Kapakahi Stream to its West bank;
2. thence along the west bank of the Kapakahi Stream across the O.R.& L. Co's right of way and along Land Commission Award 6545, Apana 1 to H. Haalilio, the direct azimuth and distance being 165° 03' 100.2 feet;
3. 258° 28' 87.0 feet across the Kapakahi Stream and along the O.R. & L. Co's right of way to the Westerly line of Grant 125, Apana 1 to Hao;
4. 335° 32' 102.6 feet along the Westerly line of Grant 125, Apana 1 to Hao, and across the O.R. & L. Co's right of way to point of beginning.
Area 0.22 Acres.

Lot 2
Beginning at a pipe in concrete on the East side of Government road and at the Southwest corner of Land Commission Award 10831 to Puniwai, the direct azimuth and distance to the point marking the end of course 16 of Lot 1, being 79° 26' 45.9 feet and thence running by true azimuths;
1. 249° 23' 81.0 feet along fence along Land Commission Award 10831 to Puniwai to a pipe in concrete;
2. 274° 17' 72.85 feet along fence along Land Commission 10831 to Puniwai to a pipe in concrete;
3. 176° 42' 169.5 feet along fence along Land Commission Award 10831 to Puniwai to a pipe in concrete;
4. 170° 41' 179.5 feet along fence along Land Commission Award 18031 to Puniwai to a pipe in concrete;
5. 273° 42' 93.9 feet along pali along Grant 712 to Kahola to a pipe in concrete;
6. 199° 37' 13.85 feet along fence along Grant 712 to Kahola to an iron bolt in concrete;
7. 281° 56' 96.9 feet along South side of road along Grant 712 to Kahola to a pipe in concrete;
8. 285° 43' 114.3 feet along South side of road along Grant 712 to Kahola to a pipe in concrete;
9. 00° 22' 18.6 feet along fence along Grant 712 to Kahola [page 8] to a pipe in concrete;
10. 283° 56' 78.75 feet along fence along Grant 712 to Kahola to an iron bolt in concrete;
11. 327° 35' 97.65 feet along fence along Land Commission Award 7260, Apana 2 to B. Namakeha to a pipe in concrete;
12. 355° 44' 59.45 feet along fence along Land Commission Award 7260, Apana 2 to B. Namakeha to a pipe in concrete;
13. 40° 33' 21.55 feet along fence along Land Commission Award 1614B, Apana 2 to Hookaamomi, to a pipe in concrete;
14. 341° 12' 52.4 feet along Kuauna along Land Commission Award 1614B, Apana 2 to Hookaamomi to a pipe in concrete;
15. 354° 42' 18.15 feet along Kuauna along Land Commission Award 1614B, Apana 2 to Hookaamomi to a pipe in concrete;
16. 83° 28' 12.0 feet along Kuauna along Land Commission Award 1614B, Apana 2 to Hookaamomi to a pipe in concrete;
17. 3° 20' 109.3 feet along Kuauna along Land Commission Award 1614B, Apana 2 to Hookaamomi to a pipe in concrete;
18. 78° 54' 114.45 feet along Kuauna along Land Commission Award 1614B, Apana 2 to Hookaamomi to a pipe in concrete;
19. 96° 42' 52.15 feet along Kuauna along Land Commission Award 5989, Apana 1 to Makole to a pipe in concrete;
20. 38° 06' 132.2 feet along Kuauna along Land Commission Award 5989, Apana 1 to Makole to a pipe in concrete;
21. 28' 30 39.0 feet along Kuauna along Land Commission Award 5989, Apana 1 to Makole to a pipe in concrete;
22. 42° 53' 126.65 feet along Kuauna along Land Commission Award 5989, Apana 1 to Makole to a pipe in concrete;
23. 331° 31' 394.0 feet along Kuauna along Land Commission Award 5989, Apana 1 to Makole; Land Commission Award 1682B to Kualii and Land Commission Award 5762, Apana 4 to Kuaihelani to a pipe in concrete;
24. 59° 06' 54.85 feet along Kuauna along Land Commission Award 5848 to Kaupuaa to a pipe in concrete;
25. 151° 31' 677.5 feet along Northeast side of Government road to a pipe in concrete;
26. 181° 36' 74.8 feet along the Northeast side of Government road to point of beginning.
Area 5.62 Acres

Lot 3
Beginning at a pipe in concrete at the West corner of this lot and on the Southeast boundary of Land Commission Award 5989, Apana 1 to Makole, the direct azimuth and distance to a pipe marking the end of course 21 of Lot 2, being 142° 25' 116.85 feet and thence running by true azimuths;
1. 223° 11' 127.95 feet along Kuauna along Land Commission Award 5989, Apana 1 to Makole to a pipe in concrete; [page 9]
2. 319° 06' 93.3 feet along Kuauna along Land Commission Award 1614B, Apana 2 to Hookaamomi to a pipe in concrete;
3. 55° 31' 128.0 feet along Kuauna along Land Commission Award 1682B to Kualii ....

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.... r>[page 24]

Kapakahi Waikele Ewa continued
Honolulu, December 10th 1920
Written notices were mailed to the following persons:

W.O. Smith, Trustee B.P. Bishop Estate, Honolulu, Territory of Hawaii
E.F. Bishop, Trustee B.P. Bishop Estate, Honolulu, Territory of Hawaii
R.H. Trent, Trustee B.P. Bishop Estate, Honolulu, Territory of Hawaii
A.F. Judd, Trustee B.P. Bishop Estate, Honolulu, Territory of Hawaii
W. Williamson, Trustee B.P. Bishop Estate, Honolulu, Territory of Hawaii
Robertson Castle & Olson, Attorneys, Bishop Estate, Honolulu, Territory of Hawaii
W.A. Greenwell, Attorney, Territory of Hawaii
George M. Collins, C.O., Attorneys, Bishop Estate, Honolulu, Territory of Hawaii
W.H. Smith, surveyor, B.P. Bishop Estate, Territory of Hawaii
G. Podmore, surveyor, B.P. Bishop Estate, Territory of Hawaii
George F. Wright, surveyor, Territory of Hawaii
W.E. Wall, Surveyor, Territory of Hawaii, Honolulu, Territory of Hawaii
C.T. Bailey, Commissioner of Public Lands, Honolulu, Territory of Hawaii
S.M. Kanakanui, Public Land Officer, Honolulu, Territory of Hawaii
Alex Lindsay, Attorney for Ii Estate and Roman Catholic Mission, Honolulu, Territory of Hawaii
John Ii Estate, Ltd., Honolulu, Territory of Hawaii
Roman Catholic Mission c/o Hawaiian Trust Co., Honolulu, Territory of Hawaii
Right Reverend L. H. Boeynaema, Bishop of Zugma, Honolulu, Hawaii
Henry Holmes, attorney for B.R. Banning, Honolulu, Territory of Hawaii
B.R. Banning, Magoon Building, Honolulu, Territory of Hawaii
Mary E. Foster, c/o E.H. Wodehouse, Honolulu, Territory of Hawaii
Victoria Ward, c/o E.H. Wodehouse, Honolulu, Territory of Hawaii
Annie Jaeger c/o W.W. Chamberlain, Honolulu, Territory of Hawaii
Lucy H. McWayne c/o T.R. Robinson, Honolulu, Territory of Hawaii
Charlotte J. Beggs c/o J.L.P. Robinson, Honolulu, Territory of Hawaii
Ella C. Henkenius, c/o J.L.P. Robinson, Honolulu, Territory of Hawaii
Rebecca Houghtailing c/o F.E. Steere, Honolulu, Territory of Hawaii
Caroline C. Robinson, 1519 Beretania St., Honolulu, Territory of Hawaii
Allen C. Robinson, Kauikeolani Building, Honolulu, Territory of Hawaii
J.L.P. Robinson, Kauikeolani Building, Honolulu, Territory of Hawaii
Mark. A. Robinson, Kauikeolani Building, Honolulu, Territory of Hawaii
Loo Wa Pun, c/o Sing Cheng Co., P.O. Box 955, Honolulu, Territory of Hawaii
Loo Tan Chee, c/o Sing Cheng Co., P.O. Box 955, Honolulu, Territory of Hawaii
Tong Ting, c/o Sing Cheng Co., P.O. Box 955, Honolulu, Territory of Hawaii
Hong Quon, Manager, Sing Cheng Co., P.O. Box 955, Honolulu, Territory of Hawaii
L. Apana, c/o Sing Cheng Co., P.O. Box 955, Honolulu, Territory of Hawaii
Tong Phong, c/o Sing Cheng Co., P.O. Box 955, Honolulu, Territory of Hawaii
Tong Yick Hin, c/o Sing Cheng Co., P.O. Box 955, Honolulu, Territory of Hawaii
Hee Won Kam, c/o Sing Cheng Co., P.O. Box 955, Honolulu, Territory of Hawaii
Look Kom Chee, c/o Sing Cheng Co., P.O. Box 955, Honolulu, Territory of Hawaii
Lum Chun Wah, c/o Sing Cheng Co., P.O. Box 955, Honolulu, Territory of Hawaii
Tong Ting, c/o Sing Cheng Co., P.O. Box 955, Honolulu, Territory of Hawaii [second entry]
Loo Tan Chee, c/o Sing Cheng Co., P.O. Box 955, Honolulu, Territory of Hawaii
[second entry]
[page 25]
Loo Wah Bun, c/o Sing Cheng Co., P.O. Box 955, Honolulu, Territory of Hawaii
Leong Hung Gut, c/o Sing Cheng Co., P.O. Box 955, Honolulu, Territory of Hawaii
Sing Cheng Co., P.O. Box 955, Honolulu, Territory of Hawaii
D.A. Kaaiahua, Waipahu, Ewa, Territory of Hawaii
Lani Magoon, Magoon Building, Honolulu, Territory of Hawaii
Kamahee Gorelangton, Magoon Building, Honolulu, Territory of Hawaii
John H. Magoon, Magoon Building, Honolulu, Territory of Hawaii
Albert K. Magoon Magoon Building, Honolulu, Territory of Hawaii
Eaton H. Magoon, Magoon Building, Honolulu, Territory of Hawaii
Marmion M. Magoon, Magoon Building, Honolulu, Territory of Hawaii
Catherine Hustace, Magoon Building, Honolulu, Territory of Hawaii
Emelene Tyler, Magoon Building, Honolulu, Territory of Hawaii
American Factors Ltd., Agents, Oahu Sugar Co. Territory of Hawaii
Oahu Sugar Co., Waipahu, Ewa, Oahu, Territory of Hawaii
Sara White, Honolulu, Territory of Hawaii
L.L. McCandless, McCandless Building, Honolulu, Territory of Hawaii
Solomon K. Naholowaa, Honolulu, Territory of Hawaii
Mary Kahoa, Pearl City, Ewa, Oahu, Territory of Hawaii
Annie Puleloa, Honolulu, Territory of Hawaii
Lum Chen Hoy, Waiau, Ewa, Oahu
Kepeka Baker, Waikele, Ewa, Oahu
Lizzie Ornellas, Waikele, Ewa, Oahu
Libbie Kalima, Waikele, Ewa, Oahu
Lucy Kuhane, Waikele, Ewa, Oahu
Soloman H. Kauhane, Honolulu, Territory of Hawaii
Harry Kauhane, Pearl City, Ewa, Oahu
William Laa, Honolulu, Territory of Hawaii
Albert Kanaihilo, Honolulu, Territory of Hawaii
Mahoe, Honolulu, Territory of Hawaii
Kimokee Haalilio c/o Bishop Trust Co, Territory of Hawaii
Bishop trust Co. Administrator Estate of Punohu Muir, Honolulu, Territory of Hawaii
Henry Smith, Guardian & Trustee, Territory of Hawaii

[page 26]
Kapakahi Waikele Ewa continued

Honolulu, January 5th 1920
The Commissioner sat at 9 a.m. at his office, 855 Kaahumanu Street.
Present: W.A. Greenwell of the firm of Robertson, Castle and Olson appearing for the B.P. Bishop Estate; Mary Kahoa for herself; J. Lightfoot, Deputy Attorney General for the Territory of Hawaii;
B.L. Marx of the firm of Frear Prosser Anderson and Marx appeared for the James Robinson heirs and also for Sing Cheng Co. and the owners of the Ili of Ohua; E.H. Magoon for the Magoon heirs; M. M. Magoon for B.R. Banning's interests; Judge Alex Lindsay of the firm of Mott-Smith and Lindsay appeared for the John Ii Estate and for the Roman Catholic Mission; P.D. Vellet appeared for the firm of Peters and Smith, representing K. Ahiana [L. Apana?], Anna and Leilehua Kamakea
C.H. Kluegel C.E. for the Oahu Railway and Land Co.
A claim was filed January 4th 1921 by the Attorney General Harry Irwin of the Territory of Hawaii (see copy below) claiming a portion of the premises claimed by the B.P. Bishop Estate and on account of this claim that the Commissioner of Boundaries had no jurisdiction to hear the case of the settlement of the Boundaries of the Ili of Kapakahi, Waikele, Ewa, Oahu.
S.M. Kanakanui of the Public Lands Office was also present. C.A. Bunn of the ii Estate was also present.

After talking the matter over by those present, the whole question was postponed for two weeks.

The Commissioner adjourned the hearing to January 19, 1921 at 9 a.m. at his office, 855 Kaahumanu Street.
Honolulu, January 4th 1921
The following was filed

(Copy)
Before the Commissioner of Boundaries, Judicial Circuit of for the First Judicial Circuit of the Territory of Hawaii

In the matter of the application of the Trustees of the Bernice Pauahi Bishop Estate for the settlement of the Boundaries of the Ili of Kapakahi, in Waikele, District of Ewa, Island of Oahu, Mahele Award 39 to D. Kauliokamoa

[page 27]
Kapakahi Waikele Ewa continued

Appearance and Plea to the Jurisdiction of the Territory of Hawaii

Now comes the Territory of Hawaii by Harry Irwin, its Attorney General, and says,

First, that a portion of the land described in said application as Lot 8 and being the Kapakahi Stream is a navigable water and the title to said stream and bed and banks thereof is in the limited States of American, and the same is under the control of the Territory of Hawaii and the said Kapakahi Stream is not the property of the Trustees under the Will and of the estate of Bernice Pauahi Bishop, deceased.

Second, that by reason of the claim for the Territory of Hawaii to the Kapakahi Stream as hereinabove set forth the Commissioner of Boundaries is without Jurisdiction to determine the boundaries of said Kapakahi Stream or any portion thereof.
Dated, Honolulu, Territory of Hawaii, January 4, 1921
The Territory of Hawaii(Signed) by Harry Irwin, Attorney General

Honolulu, January 19, 1921
The Commissioner sat at 9 a.m. at his office, 855 Kaahumanu Street,

Present: W.A. Greenwell of the firm of Robertson castle & Olson for the trustees of the B.P. Bishop Estate
Judge Alex Lindsay of the firm of Mott-Smith & Lindsay for the John Ii Estate and the Roman Catholic Mission
B.L. Marx of the firm of Frear, Prosser Anderson & Marx for the Robinson Estate
J. Lightfoot, Deputy Attorney General for the Territory of Hawaii.
C.A. Brown and George I. Brown of the John Ii Estate
P.D. Kellett for Peters & Smith attorneys for K. Ahiana and Anna & Leilahua Kamakea; C.H. Kleugel C.E. for the Oahu Railway and Land Co.; E.H. Magoon for the Magoon heirs;
J. Lightfoot stated that the Territory of Hawaii claimed the whole of the Kapakahi Stream within the land claimed by the trustees of the B.P. Bishop Estate, but in the claim & protest filed January 4th 1921 by the Attorney General, it only mentioned Lot 8 as in fact the stream is in Lots 1 and 8, so he would file another claim and protest claiming the whole of the Kapakahi Stream.

[page 28]
Kapakahi Waikele Ewa continued

W.A. Greenwell stated that when Judge A.G. M. Robertson went to the mainland, he left the Kapakahi case in his hands, not expecting any claims in protests. So as Judge Robertson had the case and the claim and protest of the Territory of Hawaii coming up he would like to have the case continued until March 16th.
The Commissioner continued the case to Wednesday, March 16th 1921 at 9 a.m. at his office, 855 Kaahumanu Street.

Honolulu, January 20th 1921
The Attorney General filed the following amended plea.

(Copy)
Before the Commissioner of Boundaries for the First Judicial Circuit of the Territory of Hawaii

In the matter of the application of the Trustees of the Bernice Pauahi Bishop Estate
For the settlement of the Boundaries of the Ili of Kapakahi in Waikele, District of Ewa, Island of Oahu, Mahele Award 39 to D. Kauliokamoa

Now comes the Territory of Hawaii by Harry Irwin, Attorney General and says:
First, that a portion of the land described in said application as the Kapakahi Stream, is a navigable water and the title to said stream , and the bed and banks thereof is in the United States of America, and the same is under the control of the Territory of Hawaii and the said Kapakahi Stream is not the property of the trustees under the Will and of the Estate of Bernice Pauahi Bishop, deceased.

Second, that by reason of the claim of the Territory of Hawaii to the Kapakahi Stream as hereinabove set forth, the Commissioner of Boundaries is without jurisdiction to determine the Boundaries of said Kapakahi Stream or any portion thereof.
Dated Honolulu, Territory, January 20, 1851
Amended plea to the Jurisdiction of the Territory of Hawaii
(Signed) by Harry Irwin, Attorney General

[page 29]
Kapakahi Waikele Ewa continued

Honolulu, March 16th 1921
The Commissioner sat at 9 o'clock a.m. at his office, 855 Kaahumanu Street.

Present: C.A. Brown of the John Ii Estate; J. Lightfoot, Deputy Attorney General for the Territory of Hawaii and W.A. Greenwell of the law firm of Robertson, Castle & Olson for the B.P. Bishop Estate; Charles A. brown of the Ii Estate; A.G.M. Robertson asked for a continuance to Thursday, April 21, 1921 at 9 o'clock a.m.
The commissioner continued the hearing to Thursday, April 21st 1921 at 9 o'clock a.m. at his office, 855 Kaahumanu Street.

Honolulu April 21st 1921
The Commissioner sat at 9 a.m. Thursday, April 21, 1921 at his office, 855 Kaahumanu Street.

Present: A.G.M. Robertson of the law firm of Robertson Castle and Olson for the trustees of the B.P. Bishop Estate;
Alex Lindsay of the law firm of Mott-Smith and Lindsay for the Roman Catholic Mission and the John Ii Estate;
B.L. Marx of the law firm of Frear Prosser Anderson and Marx for the James Robinson Estate and Sing Cheng Co. et al.
M.A. Robinson of the James Robinson Estate.

On account of the illness of Joseph Lightfoot, Deputy Attorney General of the Territory of Hawaii for the Government of Hawaii, it was mutually agreed that the hearing be continued to Monday, May 9th, 1921 at 1:30 p.m.

The Commissioner continued the hearing to Monday May 9th at 1:30 p.m. 1921 at his office, 855 Kaahumanu Street, Honolulu.

[page 30]
Kapakahi Waikele Ewa continued
Honolulu May 9th 1921
The Commissioner sat at his office, 855 Kaahumanu Street, Monday afternoon at 1:30 p.m , May 9th 1921.

Present: Judge A.G.M. Robertson for the B.P. Bishop Estate; and of the law firm of Robertson Castle & Olson;
B.L. Marx of the law firm of Frear Prosser Anderson and Marx for the Sing Cheng Co. and the James Robinson Estate.
Mark A. Robinson of the James Robinson Estate.
C.H. Tracy of Frear Prosser Anderson and Marx.

Judge Robertson stated that he would like to have the hearing continued for one month. He also stated that he had seen Joseph Lightfoot, Deputy Attorney General, and Judge Alex Lindsay of the law firm of Mott-Smith & Lindsay, attorneys for the Roman Catholic Mission and the John Ii Estate and that they had no objection to the continuance.

The Commissioner continued the hearing to Thursday, June 9th 1921 at 9 o'clock a.m. as his office, 855 Kaahumanu Street.

Honolulu, June 9th 1921
The Commissioner sat at 9 a.m. June 9th 1921, Thursday at his office, 855 Kaahumanu Street.

Present: Joseph Lightfoot, Deputy Attorney General for the Territory of Hawaii; A.G.M. Robertson of the law firm of Robertson Castle and Olson for the B.P. Bishop Estate; and C.H. Tracy of the law firm of Frear, Prosser Anderson and Marx for the James Robinson Estate and Sing Cheng Co.

Joseph Lightfoot asked to have the hearing continued for one week so as he could visit the land and make a personal examination. The commissioner then continued to [the] hearing to Thursday, June 16th 1921 at 9 a.m. at his office, 855 Kaahumanu Street. No objection made to the continuance.

Honolulu, June 16th 1921
The Commissioner sat at 9 a.m. Thursday, June 16th 1921 at his office, 855 Kaahumanu Street, Honolulu.

Present: Judge A.G.M. Robertson of the law firm of Robertson Castle and Olson for the B.P. Bishop Estate;
Judge Alex Lindsay of the law firm of Mott-Smith and Lindsay for the Roman Catholic Mission and the John Ii Estate, Ltd.;
Joseph Lightfoot, deputy Attorney General for the Territory of Hawaii and C.H. Tracy of the law firm of Frear Prosser Anderson and Marx for the James Robinson Estate and

[page 31]
Kapakahi Waikele Ewa continued

Sing Ching Co.

Joseph Lightfoot, Deputy attorney General stated that since the last hearing he had visited the land at Waikele Ewa Oahu and was still of the opinion that he could not withdraw the claim of the Territory of Hawaii to the Kapakahi Stream.

So he held to said claim as filed January 20th 1921 by Harry Irwin, Attorney General for the Territory of Hawaii.

The Commissioner then stated that in consequence of the decision of the Supreme Court in the Pawnan Lahaina Maui lease, In which the Supreme Court held that a Commissioner of Boundaries could not hear a petition where any portion thereof was claimed by a person or persons other than the applicant.

So under the circumstances the Commissioner is forced to dismiss the petition.
Therefore the petition is dismissed with costs.
M.D. Monsarrat, Commissioner of Boundaries for the First Judicial Circuit, Territory of Hawaii.
Honolulu, June 16th 1921

Costs
Hearings $90.00; Recording 13400 words 33.50; Advertising P.C. Advertiser; 7.35; advertising Nupepa Kuokoa 7.90; Postage, Stationary, Blue Prints &c. 17.75; [total] $156.50

[page 32] A.C. Alexander was appointed Commissioner of Boundaries for the First Judicial Circuit, Territory of Hawaii, to succeed M.D. Monsarrat, deceased, on January 2nd, 1923.

[No. Number, Kapakahi Ili, Waikele Ahupuaa, District of Ewa, Island of Oahu, Boundary Commission, 1921, dismissed]