Boundary Commission

1935 230 Wailuku Sugar Co. et al.
Certification: 230
Ahupua`a: Waikapu
District: Wailuku
Island: Maui
Ownership: Wailuku Sugar Co. et al.
Misc:
Year: 1935
Statistics: 262169 characters 42491 words
Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, Maui, Volume 3, No. 1, pps. 87-97

Before the Commissioner of Boundaries in and for the Second Judicial Circuit, Territory of Hawaii.

In the Matter of the Application of the Wailuku Sugar Company, and the Hawaiian Commercial & Sugar Company, for a Certificate of Boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui, Territory of Hawaii

Commissioner: Daniel H. Case.

Under date of June 30th, 1925, the Wailuku Sugar Company, an Hawaiian Corporation, and the Hawaiian Commercial and Sugar Company, a California Corporation, filed their Petition alleging that they are the owners of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, and applied, on behalf of said Wailuku Sugar Company and Hawaiian Commercial and Sugar Company, for a decision and certificate of boundaries of said Ahupuaa of Waikapu, according to the provisions of Chapter 42 of the Revised Laws of Hawaii, 1925.

Applicants further allege that the Ahupuaa of Waikapu, in the District of Wailuku aforesaid, was awarded, by name only, "to Henry Cornwell by Royal Patent (Grant) 3152.”

[page 88]
Also alleging that the following in a description by true azimuths of the outside boundaries of said Ahupuaa of Waikapu; that the said Ahupuaa of Waikapu is joined on all sides, with the exception of one side, by lands owned by the said Petitioners, the Wailuku Sugar Company and Hawaiian Commercial and Sugar Company.

That the only land joining same, owned by others, is the Ahupuaa of Ukumehame, joining on the west side, and owned by the Territory of Hawaii.

That no inquiry or determination as to the boundaries of kuleanas, etc., located within, or partly within this Ahupuaa of Waikapu, is sought by this petition.

A map was also attached to and submitted with the application, showing the location, natural topographical features, prominent and other marks along boundary lines, and more particularly described as follows:

Description of the Ahupuaa of Waikapu, Located On The Island Of Maui

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 551 16,300 feet from a granite post marking the southeast corner of the Ahupuaa of Wailuku, and running by true azimuths:

1. 115° 55' 19,730.0 feet, along Wailuku to Pohakoi, marked rock, the coordinates of said Pohakoi rock, referred to Luke Trig. Station, (of the U. S. Coast and Geodetic Survey) are 4438.90 feet south and 3092.05 feet west;
2. 106° 15' 5,326.2 feet, Along Wailuku, up ridge;

[page 89]
3. 97° 30' 1,108.6 feet &long Wailuku, up ridge, to stone post on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up the center of the ridge, following the watershed, to the top of the ridge, forming the head of Ukumehame Valley;
5. Thence along Ukumehame, along the top of the ridge, along Ukumehame Valley to the top of the ridge, forming the southwest head of Waikapu Valley, and along the top of this ridge along Ukumehame Valley to the top of the ridge, forming the southeast head of Ukumehame Valley;
6. Thence along Ukumehame, along the top of the ridge forming the east side of Manaiwainui Valley, to a point on this ridge;
7. 314° 32' 3,570.0 feet, along Ukumehame;
8. 276° 51' 6,540.0 feet along Ukumehame;
9. 259° 40' 3,967.0 feet along Ukumehame, to a cross on large rock. The cross on large rock is located 85 feet mauka from the Present Government Road, and bears from Puu Hele Trig. Station by azimuth and distance 144° 15' 1238.2 feet;
10. 14° 45' 9,563.4 feet, along Ukumehame, Passing over three one inch pipes, set in concrete monuments, one at 8925.0 feet, located on the north side of the road to Lahaina, the second at 9308.2 feet, and the third at 9444.6 feet.

The azimuth 14° 45' is used on this line, as established by S. M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
11. Thence down to the sea and along the sea to the boundary of Pulehunui;
12. 180° 24' 3,538.0 feet, along Pulehunui, to a stone marked thus [right arrow curving up];
13. 17° 08' 9,383.0 feet. along Pulehunui;
14. 191° 49, 4,312.0 feet, along Pulehunui, to a stone marked thus [right arrow curving up], amongst a lot of stones;
15. 229° 45: 5,147.0 feet, along Pulehunui;
16. 228° 51' 1,780.0 feet, along Pulehunui, to the point of beginning.
Containing an area of 15,374 acres, more or less)

[page 90]
Under date of February 4th, 1926, the Applicants filed an amended petition alleging that they are the owners of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, and applied, on behalf of said Wailuku Sugar Company and Hawaiian Commercial and Sugar Company, for a decision and certificate of boundaries of said Ahupuaa of Waikapu, according to the provisions of Chapter 42 of the Revised Laws of Hawaii, 1925.

In this amended petition the applicants state that the Ahupuaa of Waikapu, in the District of Wailuku aforesaid, was awarded, by name only, to Henry Cornwell, by Royal Patent (Grant) 3152.

The applicants, in their amended petition, stating that the following is the description by true azimuths, of the outside boundaries of said Ahupuaa of Waikapu; and that the said Ahupuaa of Waikapu is joined on all sides, with the exception of one side, by lands owned by said petitioners   the Wailuku Sugar Company and Hawaiian Commercial and Sugar Company;

That the only land adjoining same, owned by others, is the Ahupuaa of Ukumehame joining on the west sides and owned by the Territory of Hawaii.

That no inquiry or determination as to the boundaries of kuleanas, etc., located within or partly within the Ahupuaa of Waikapu, is sought by this petition,

[page 91]
An amended map was attached to and submitted with this amended Petition. Showing the location, natural topographical features, prominent and other marks along the boundary lines, and more particularly described as follows:

Amended Description of the Ahupuaa of Waikapu, Located in the District of Wailuku, Island of Maui.

Beginning at the northeast corner of this land at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 551 16,300 feet from a granite Posts marked the southeast corner of the Ahupuaa of Wailuku. and running by true azimuths:

1. 115° 55, 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the coordinates of said Pohakoi rock, referred to Luke Trig. Station (of the U. S. Coast and Geodetic Survey), are 4438.90 feet South and 3092.05 feet West;
2. 106° 15' 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge, to stone post, on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up on the top of this ridge, to a point on the main Iao Valley ridges, The direct azimuth and distance being 83° 30' 3,480.0 feet;
5. Thence along Wailuku, along up the center of the ridges following the watershed, to the top of the ridge, forming the head of Ukumehame Valley; the direct azimuth and distance being 67° 00' 12,460.0 feet;
6, Thence along Ukumehame, along the top of the ridges along Ukumehame Valley, to the top of the ridge, forming the Southeast head of Ukumehame Valley; the direct azimuth and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the top of the ridge [page 92] following the water shed, to the Forest Reserve monument, on top of Puu anu hill, the direct azimuth and distance being 326° 50' 0.095.0 feet;
8. Thence along Ukumehame, along down the top of the ridge, along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3,676.0 feet;
9. Thence along Ukumeheme, along down the ridge along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02' 30” 6,891.0 feet;
10. 258° 37' 30" 4,216.8 feet, along Ukumehame, to a cross on large rock. The cross on large rock, is located 85 feet mauka from the present Government Road, and bears from Puu Hele Trig. Station, by azimuth and distance 144° 15' 1,238.2 feet;
11. 14° 45' 9,563.4 feet, along Ukumehame, passing over three one inch pipes, set in concrete monuments, one at 8,925.0 feet, located on the north side of the road to Lahaina, the second at 9,308.2 feet, and the third at 9,444.6 feet; The azimuth 14° 45' is used on this line, as established by S. M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
12. Thence down the Pali to the sea coast, on azimuth 296° 20' 147.0 feet;
13. Thence along the sea, to a point, about 75 feet south of the old Maalaea Wharf, said point being azimuth and distance 338° 27' 135.0 feet, from a one inch pipe in concrete monument, located on the mauka side of the Government Road, near the bond of said road; the direct at azimuth and distance from end of course 12, being 226° 57; 1412.4 feet;
14. Thence along the sea, to the boundary of Pulehunui, the direct azimuth and distance being 279° 21' 15,368.5 feet;
[page 93]
15. 180° 24' 3,538.0 feet. along Pulehunui, to a stone marked thus [right arrow curving up]
16. 170° 08' 9,383.0 feet along Pulehunui;
17. 191° 49' 4,312.0 1 feet along Pulehunui, to a stone marked thus [right arrow curving up] , amongst a lot of stones;
18. 229° 45' 5,147.0 feet along Pulehunui;
19. 228° 51' 1,780.0 feet along Pulehunui to the point of beginning.
Containing an area of 15,690 Acres, (more or less).

Hearing on the above application was set, before the undersigned, as Commissioner of Boundaries for the Second Judicial Circuit, at Wailuku, Maui, Territory of Hawaii, on Tuesday, the 7th day of September, 1926, at 10:00 o'clock a.m., of said day.

Notices of hearing, specifying the time and place thereof, were published as follows:

In the 'Maui News', a newspaper published in the English language, In Wailuku, Maui, Territory of Hawaii, publication of said notice in said paper being under dates of August 18th 1926, August 25th, 1926, and September 1st, 1926; and

In the 'Nupepa Kuakoa', a weekly newspaper published in the Hawaiian Language, in Honolulu, City and County of Honolulu, Territory of Hawaii, publications of said notice in said paper being under dates of August 19th, 1926, August 26th, 1926, and September 2nd, 1926.

[page 94]
Written or printed notices of said hearing, specifying the time and place thereof, and signed by the Commissioner, were sent, by registered mail, long before the date set for hearing said application, to the Petitioners, (Wailuku Sugar Company and the Hawaiian Commercial and Sugar Company), and Mr. Charles T. Bailey, Commissioner of Public Lands, Honolulu, Territory of Hawaii.

(Note by Commissioner: In re settlement and certificate of boundaries for a portion of the Ahupuaa of Waiehu; in re settlement and certificate of boundaries of the Ili of Kalua; and in re settlement and certificate of boundaries of Waikapu; these applications were present to the Commissioner on the same day.)

Present: Daniel H. Case, Commissioner of Boundaries; H. B. Penhallow, Manager, Wailuku Sugar Company Wailuku, Maui; E. D. Baldwin, Surveyor, Wailuku. Maui; J. H. Foss, Civil Engineer, Hamakuapoko, Maui; A. Garcia, Sub Agent, 4th Land District, Wailuku, Maui; Mrs. Sarah Kahalehu [Kahaleku]; Huakini Enos; and John V. Cockett, as Hawaii an Interpreter; Mrs. Edith L. Sinclair acted as stenographer for the Commissioner of Boundaries.

At the time and place set for hearing said application on its merits, to wit, Tuesday, September 7th 1926, at 10:00 o'clock a.m., in the Circuit Court Room of the Circuit Court of the Second Judicial Circuit, Wailuku, Maui, Territory of Hawaii, the following proceedings were had:

[page 95]
Commissioner: There is no one to call other than the applicant, is there?
Mr. Penhallow: Not unless there is come one to object.

Mr. Garcia: The Territory wants to enter an objection, and asks for a continuance for thirty (30) days.

The Commissioner: Have you any objection?
Mr. Penhallow: Thirty days is satisfactory.

Commissioner: Is the Hawaiian Commercial and Sugar Company represented?
Mr. Foss: They have no objection to a continuance.

Commissioner: On behalf of the Territory, Mr. Garcia, what is your authority?
Mr. Garcia: A letter from the Commissioner of Public Lands, and I am Sub land Agent.

Commissioner: Would you submit a copy of the letter – or the letter?
Mr. Garcia: Very well.

(The following is a copy of the letter referred to.)
Honolulu, T. H. September 4, 1926. Mr. Antonino Garcia, Sub Agent, 4th Land District, Wailuku, Maui.

Dear Sir: The Wailuku Sugar Company has made application to the Boundary Commissioner of Maui, Judge D. H. Case, for settlement of boundaries of the following lands:

(1) Ili of Kalua in the Ahupuaa of Wailuku,
(2) Portion of the Ahupuaa of Ahikuli and Pohakunui and Ili of Kuunahawelu, a lele of the ili of Ahikuli,
(3) Ahupuaa of Waikapu.

The descriptions submitted to the boundary commissioner by the applicant purporting to be the true boundaries of the lands named above, have been checked by the Survey office, and have been found correct with the exception of that of the Ahupuaa of Waikapu, the last named above.

[page 96]
The hearing by the Boundary Commissioner will be held at 10:00 o'clock a.m., Tuesday, September 6th, in Judge Case's Court Room, in Wailuku, and we ask that you appear at this hearing, and on behalf of the Government, to agree to the boundaries as submitted, of the lands named in the first two items above, but as to the boundaries of the third item, Ahupuaa of Waikapu, you will please enter an objection, and ask the Boundary Commissioner that an extension of thirty days be entered in this case. This extension is required to permit the Government to complete the title study that is being made in this case.

Mr. Merriam, of C. Brewer and Company, informs us that he is writing Mr. Penhallow, who will be at the hearing, representing the Wailuku Sugar Company, that this request is to be made by you on the part of the Territory, and that he will enter no objection to the request.

Please be sure to be at this hearing, and carry out the instructions herein contained.
Very truly yours, Office of the Commissioner of Pub. Lands,
by (Signed) A. A. Dunn, Chief Clerk, Sub Agent 5th Land District.”

Commissioner: The request of the Territory may be entered   the applicants not opposing the request   and the application of the Wailuku Sugar Company and the Hawaiian Commercial and Sugar Company for a certificate of boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui, Territory of Hawaii, will be continued until Tuesday, October 12th, 1926, at 10:00 a.m., in these Chambers.

October 11th, 1926.

On October 11th, 1926. Mr. A. Garcia, Sub Agent, 4th Land District of Wailuku, Maui, appeared and asked for a continuance of the above matter on behalf Of the Territory, and presented the following letter:

"Mr. A. Garcia, Sub Agent, 4th Land District, Wailuku, Maui.
Dear Sir: You will recall that the hearing before the Boundary Commissioner in the matter of the boundaries of the Ahupuaa of Waikapu was postponed to October 12th, 1926. it appears advisable to ask for a further continuance of this hearing in order to secure additional data, and [page 97] you will please appear before the Boundary Commissioner on the above date and ask for a continuance to November 30, 1926.

We have discussed the matter with Mr. Merriam, of Brewer & Co., who is agreeable to this continuance and I believe has written Mr. Penhallow to appear and agree to continuance to above date.

I suggest that you get in touch with Mr. Penhallow before October 12th, 80 that there will be no misunderstanding in the matter.
Very truly yours, (Signed)
C.T. Bailey, Commissioner of Public Lands.”

There being no objection to the continuance the hearing was continued to November 30th, 1926.

November 27th, 1926.

On November 27th, 1926, Mr. A. Garcia, Sub Agent, 4th Land District, of Wailuku, Maui, appeared before the Commissioner of Boundaries, and asked for a continuance of the above matter on behalf of the Territory, and presented the following letter:

“Honolulu, November 26th, 1926. Mr. A. Garcia, Sub Agent, 4th Land District, Wailuku, Maui. Dear Sir:
The hearing before the Boundary Commissioner in the matter of the Boundaries in the Ahupuaa of Waikapu is set for Monday, November 30th.

The Deputy Attorney General, who was to appear for the Territory at this hearing is ill, and you will please appear before the Boundary Commissioner on the date set for hearing and ask for a continuance to January 11th 1927.
Very truly yours,
(Signed)  C.T. Bailey. Commissioner of Public Land.”

There being no objection to the continuance the hearing was continued to January 11th, 1927, (Tuesday.)
(This case continued on page 358 of Boundary Commissioner's Record.)


Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, Maui, Volume 3, No. 2, pps. 358-495

Note this case continued from page 97 of Boundary Commissioner's Record.

Before the Commissioner of Boundaries in and for the Second Judicial Circuit, Territory of Hawaii

In the Matter of the Application of the Wailuku Sugar Company, and the Hawaiian Commercial & Sugar Company for a Certificate of Boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui.

Commissioner: Daniel H. Case.

Continued from Page ninety (97) seven. Hearing on above was set for January 11th, 1927; and from that date was continued without day; later was set for February 15th, 1927; continued to April 19th, 1927; continued from the latter date to June 21st, 1927, and then again to July 8th, 1927.

On Friday, the 8th day of July 1927, the Commissioner proceeded with the hearing, (upon. its merits), of the application for the Settlement and Certification of the Boundaries of the Ahupuaa of Waikapu. At this time the following persons were present: Daniel H. Case, Commissioner; H. B. Penhallow, Manager, of Wailuku Sugar Company; J. H. Foss, Surveyor, representing the Hawaiian Commercial and Sugar Company; Chas. H. Merriam, representing the Wailuku Sugar Company and Hawaiian Commercial and Sugar Company at this hearing; Harry R. Hewitt, Deputy [page 359] Attorney General, for the Territory of Hawaii; Herbert E. Newton, Chief Assistant Surveyor, of the Territorial Survey Department; Francis Kanahele, with the Territorial Survey Department; Erdmann D. Baldwin, Surveyor; Mrs. Edith L. Sinclair, Stenographer, and John Ferreira, as Hawaiian Interpreter.

Later in the hearing - portion of July 11th, 1927, and all of July 12th, 1927, (pages 438 to 489, both inclusive, of Boundary Commissioners Record), Mrs. Iwa Betts acted as Stenographer.
Proceedings were then had, the oral testimony of witnesses taken, and numerous exhibits offered in evidence by the Applicants, and the Territory of Hawaii, contestant, as follows:

[page 360]
Mr. Merriam: The first statement that we would like to make, which I take it the Representative of the Government will agree to, is that the land in question is owned in part by the Hawaiian Commercial and Sugar Company and Wailuku Sugar Company. We have here the exchange deed, which covers the land in question, and which I can file if you wish.

The Commissioner: If it is admitted it is all sufficient.
Mr. Hewitt: We raise no question as to title.

Mr. Merriam: We would then state that we are prepared to prove that the Applicants are in possession of all of the land that this application covers; the map here is part of the application - as called for by law; we now state we would like to use the blue print of this tracing for the purpose of this hearing.

Commissioner: Any objection, Mr. Hewitt?    .
Mr. Hewitt: No objection.

Commissioner: The Territory raises no objection to the blue print being used.
Mr. Merriam:    Perhaps it would clarify matters if a general statement was made as to the manner in which it comes up. first the land - called the Ahupuaa of Waikapu - was claimed by the government in the early days, although this land was not listed as government land in the great division made by Kamehameha III by Act of June 7th, 1848, it was not classed as government land, it is in the category of unassigned land, which is always claimed by the Government. The Ahupuaa of Waikapu was, in early days, according to records, an unassigned government land; then, under date of November 18th, 1875, Royal Grant No. 3152 was issued by the Government to Henry Cornwell; this Grant carries for a description of the land a reference to the name of the land only, there are no metes and bounds showing just where the land [page 362] is; in other words, the proof of where this land is would rest with kamaaina evidence, if there had been no boundary certificates issued on the adjoining lands. There have, however, been boundary certificates issued on all the adjoining lands, except the Lahaina border by the ocean, which is a natural monument and possible of reproduction at any time. This land came down by various ways, but no accurate survey has been made prior to our application for the settlement of the boundaries. As stated before - all the boundary lines of the adjoining lands have heretofore been settled by boundary certificates issued.

Commissioner: Where is this land on the map?
Mr. Merriam: This is representing the land - this is on the North, the land of Wailuku - portion of the land of Waikapu and of Wailuku. On March 2nd, 1871, there was issued Maui Boundary Certificate No. 1, thereby determining the boundary line from the point at the corner of the land Pulehunui to the land of Ukumehame - that settled that boundary line permanently and for ever. Second - The land bounding Waikapu on the East Pulehunui was settled by certificate issued May 3rd, 1879, being Maui No. 47, thereby settling that down to the ocean side for all time. Third - The land bounding Waikapu, partly on the South and partly on the West, being the land of Ukumehame, was settled by Boundary Certificate No. 68, issued April 11th, 1883. That leaves in an unsettled condition the line or extreme southerly boundary of the land of Waikapu only. The sea coast [...]

Commissioner: What sea coast?
Mr. Merriam: Down Maalaea Bay to a point way over. Perhaps Mr. Foss will point it out.

Mr. Baldwin: This side of Kihei Landing some where coming down to over here.

Commissioner: Roughly speaking from Kihei to Maalaea Bay?
Mr. Foss: Yes.
[page 362]
Mr. Merriam:    We contend that that boundary line has not been settled by a certificate - except that it was a settlement by name. This line here carries to the ocean and that means to the high tide mark.

Mr. Hewitt: Mr. Merriam, I think you might explain a little more fully what it is that is in dispute.
Mr. Merriam: I am coming to that. I am getting fundamentals first.
Mr. Hewitt: Oh, pardon me.

Mr. Merriam: Now, the problem that the surveyor for the applicants had before him was that all the bounding lands, which means all the lines of those lands - except the ocean side line - had theretofore been settled by boundary certificates, and it was considered that he had an apparently simple problem before him to reproduce those where they touched Waikapu. However, Section 558 of the Revised Laws of Hawaii, 1925, says that "A boundary commissioner shall in no case alter any boundary described by survey in any patent or deed from the king or government, or in any land commission award." All of these three adjoining lands have been issued boundary certificates on which patents have also been issued, that, therefore, places the condition on the surveyor that he reproduce those lines in the various boundary certificates that have heretofore been issued and stand on those for his lines of the land of Waikapu.    We then come to a point where the re-establishment of these lines only affect the applicants themselves, that is, of this line of the land of Wailuku - a land owned by Wailuku Sugar Company. There is no objection on the part of the owner of Wailuku to this line - that seems to eliminate trouble on that line, or boundary, along the other boundary. On the East is the land of Pulehunui - land owned by Hawaiian Commercial and [page 363] Sugar Company - and they, in turn, were in satisfactory accord with the line made by our Mr. Baldwin. The coast line is there and can be reproduced by any one without any question, and the manner of handling that was to take his point from the boundary line and come across here to a well known point and take his bearing and distance, and, in general, that represents the method in which that was handled. Then coming to the last, land of Ukumehame - we have there a condition, a similarity in so far as concerns the issuance of the certificate, the ownership of which is in the government, and there is where the difficulty arises that necessitates a hearing and production of evidence for there is a contest, or disagreement, with respect to the line of Ukumehame from the last point of Alexander's survey which started at the land of Olowalu - all of those courses way over from Olowalu to the last point are said to run along the ocean side. He then comes to a point marked on a large boulder, this point is admitted, not only by the applicants, but by the contestants, to be readily seen and reproduced. This is the first line, or, perhaps better be said, a double line - two lines are drawn - to which objection is raised; objection is also raised to the next line running from the established rock point to a ridge point on the hillside. So far as I am aware no other lines than these three are contested, although you may wish to go further up in the hills - possibly four points - four lines.

Commissioner: I thought you spoke of two - and you say 'these three.'
Mr. Merriam: There is a small distance here - 147 feet - from the ocean side to a point, and then from that point to a rock and then on up the hill. The survey of the land of Ukumehame which is the boundary of a land that we contend we must adhere to because it was previously surveyed by James M. Alexander in 1874, and a boundary certificate issued April 11th, 1883, nine years afterwards. I think the government will admit that Mr. Alexander [page 364] in making his survey, which, I would remind you, started on the ocean side at the Olowalu end and came along the ocean to a point along Maalaea Bay section, ran his courses on traverses hitting a bluff point and not going directly to the ocean side, which was a common practice then, and even now, to some extent, of surveyors, it being considered perfectly proper to do so. Is that admitted?

Mr. Hewitt: Yes.
Mr. Merriam: That is what we have assumed in all of our study of the preliminaries so that the survey, as made by Mr. Baldwin, could fit the established lines of a land which in 1883 had its boundaries perfected. Mr. Alexander, in addition to running his survey in what might be termed to be an Olowalu-Maalaea Bay direction, for that is the direction he came in, gave at each point what surveyors call a reverse bearing so that its bearings, while not altogether in agreement on each line, show that he tried to check back on his work so that the line could be run either one way or the reverse way. In other words, it is practically a double description for the courses. Now, our contention is, primarily, we hope to support it by evidence, that Mr. Alexander in his survey of the land of Ukumehame took these bluff points to the line itself which is said to run along the ocean side - perhaps if I use the exact words it would be clearer. I will now read course 20 to and including 24. (Reads at length) Now, I will point out to you that the lines first read - courses 20 and 21 - come along the ocean side and yet have a bluff point for the bearing until they get to the last point before they run inland away from the ocean, and that inland point is a point that is marked by a [sic] X on a rock. In other words, we have a point on a rock which can readily be established, and have another natural monument which also ought to be re-established by a reverse bearing from a rock - a point we can easily go to - and it is well recognized, when there is a doubt about a point that can be re-established without doubt, a surveyor will go to that point to try and run [page 365] the survey from a known fixed point, and that is what we have tried to do. The second line that is in controversy is course 24 which starts at the same fixed point that we can go to - the X on the rock; that line also goes from a natural monument to what is another fixed monument - the ridge point plainly observable today, and that line we have tried, through Mr. Baldwin's survey, to reproduce taking our point from the definite fixed point on the rock which no one can question; furthermore, this point on the hillside here must be a point that the next line of Mr. Alexander's survey can be viewed from, and we have reached such a point. Now, in support of what has been said by way of a preliminary statement, if you have no objection, I will call Mr. Baldwin for certain information.

Commissioner: Would you like to make a statement, Mr. Hewitt?
Mr. Hewitt: No.

Commissioner: Could you point out just where each of you claim the land to be?
Mr. Merriam: It is difficult because we don't know what the government is going to claim - we have just a general idea. I might propose that Mr. Newton help give you a rough outline. (All examine map)

Mr. Hewitt: I wonder, Mr. Merriam, if, right at this point, it would not be well to adjourn to the spot in question and look it over - the Commissioner, myself and yourself. In view of the evidence that will come up it will be much easier for the Commissioner if he has seen the evidence on the ground.

Mr. Merriam: It might be well except that we, as Applicants, should state our case before we go to the ground.
Commissioner: It would be helpful to me to have it just before me.

Mr. Hewitt: Would you prefer to bring out some other matters first from Mr. Baldwin?
Mr. Merriam: I don't think it is important - we can call him after. (recess)
[page 366]
(1:33 p.m. - reconvened)

Commissioner: You may proceed.
Mr. Merriam: Now that we have seen the location of the premises it seems to be in order to ascertain from the surveyor, on behalf of the applicants, how he arrived at his 'lay out' of the land.

Direct Examination of E.D. Baldwin (E. D. Baldwin is sworn by Commissioner)

Mr. Merriam: Mr. Baldwin, you are a Civil Engineer and Surveyor by profession?
Answer: Yes, I have a license.

Question: You have been employed, at various times, by the Wailuku Sugar Company to do their work over the lands?
Answer: Yes.

Question: You surveyed the Ahupuaa of Waikapu for and on behalf of the Applicants - Wailuku Sugar Company and Hawaiian Commercial and Sugar Company?
Answer: Yes. I did.
Question: Have you made a careful study of the boundary certificates of the adjoining lines of the land of Waikapu in an effort to determine what the proper boundary lines of Waikapu really
are?
Answer: Yes. I have.
Question: Do you consider that it is your duty, as a surveyor, to confine your description of the land of Waikapu to the same lines as the adjoining lines given in the certificates of boundaries?
Answer: Yes.

Question: That is what you endeavored to do?
Answer: Yes.

Question: Have you made any effort to gain evidence from kamaaina sources regarding the boundaries of the lands?
[page 367]
Answer: No. They were definitely stated in the certificate of boundaries, that is, Ukumehame, determining that.

Question: Will you state - in a general way - how you arrived at the 'lay out' of this land of Waikapu as you have, making such reference as you wish to the plan, where did you start and how did you go about it?

Answer: I took my description - it starts at a point Kaopala given on the map, it is a point given by Mr. M. D. Monsarrat in his survey of both Pulehunui and the boundary of Wailuku, and this point referred to a monument - to a concrete monument. I simply took his bearing of Wailuku, that is, of the Spreckles Grant, running that up as far as the monument he has on the ridge above, and from that point [...]

Commissioner: Indicate it on the map.
Mr. Baldwin: Kaopala is here, and this is a straight line to Pohakoi, and from Pohakoi up to this stone post - as Monsarrat calls it - up on the mountain ridge there; further Monsarrat simply says along the ridge to high tide; and then this is a definite point at the south east corner of Ukumehame, and from there the boundary along Ukumehame to a well known hill; we have a forest monument here called Puu Anu, and from there it runs along the ridge to another large hill - a well known point - and from there along down the ridge to this ridge point that we were looking at with the two flags on, it, and from there down to the rock and from there to the monument.
That is just giving the general way it was taken. These points above are undisputed and this hill is well known as an old boundary point. I might state that the first work I did there was before 1923 - Wailuku Sugar Company wished to know whether they should renew this government lease and [...]

Commissioner: Mr. Baldwin, for my information, where is the point where those two flags were?
Answer: Right there.
[page 368]
Question: And where is the stone with a X?
Answer: Right there.

Mr. Hewitt: May I mark that a, b, c? The two flags 'A'; ‘B' marks the rock which we viewed this morning.
Mr. Baldwin: I was going to state how I got that line. They wished me to ascertain where their railway went and the nature of the land, so I went down there and made a study of the lease.
I also sighted - I didn't set up any flags - I noticed that the hill that Kanakanui had was practically Alexander's angle, so I took his line. So the next work I did was when Wailuku Sugar Company and Hawaiian Commercial & Sugar Company met there; I again went into that line and I accepted Kanakanui's line. In this latter survey as they went up I sighted a pipe on the high point of the hill, and when I went up on the hill I studied it, and there was something like this prominent pile of rock there, and at the point I took there was indication of a pile of rock which a surveyor could have had, but wind blew it down; but there were other prominent piles and I considered I was not a good enough guesser to say which he used; I studied the hill very carefully and took the highest point. It is an immense big hill, I have known it since a boy, and that was on eight, and especially at night time when you got eight of it. For that reason, with all those piles of rock there - no one could do it - it may have been surveyors, and it may not have been - but there was only one thing to do - take the highest point on the hill. Then I tested the angle, taking Alexander's magnetic bearing to the hill and take the bearing down this way and I got practically the same angle that Kanakanui ran his line on. I took the same line and the distance as given in the certificate of boundaries. Alexander's distance, this distance, is short, it is 250 feet short there; where I am this distance is short, and this distance from this hill is very close, and there was no [page 369] chance of having that short; what is given in the certificate, if anything, it is longer.

Mr. Merriam: With reference to this so called Kanakanui line, it had better be explained, and can be. explained in this manner - the occasion for that was at the time of the issuance of a lease by the Government to the Wailuku Sugar Company of some of the lands well away this side of Maalaea Bay shore line, and, in order to arrive at the description of the land to be put in the lease, he was sent over to survey that line between Waikapu and Ukumehame and determine what sort of description should to into the lease to the Company of the Ukumehame land, and he ran the line from the crossed rock down not taking the full distance that the Alexander line calls for – am I right?
Answer: The lease didn't call for the full length of the line.

Mr. Penhallow: Make a line at the end here ‘C'.
Commissioner: the makai end of the line ran by Kanakanui.

Mr. Merriam: So. at the time of the lease it was assumed that the Government adopted it as a satisfactory boundary line - they stood on it for the purpose of giving the Company tenancy of of [sic] the land - later on planted in cane - and I think Mr. Baldwin will state that he is now running his line in a similar fashion – to the Kanakanui one, he is right on top of the Kanakanui line but taking the distance allowed by Ukumehame to the coast. Now, Mr. Baldwin, in your study of the situation at the hill side here, you were coming down?
Answer: Yes - in the description.

Question: And you must hit the rock, of course, that is a point that is identifiable today?
Answer: Yes.

Question: When you got to the rock did you shoot back to see that you were in a right position?
Answer: My points are triangular.
[page 370]
Question: Would you indicate the position as you would understand it at the time Alexander made the survey of the land of Ukumehame, which never had before that been surveyed; well, he finally gets to the rock - what would be his method?
Answer: Oh, Alexander was surveying it for the first time and he had to go up and find a point, and he went up and did that. I went up there first and set my flags on these hills and afterwards I went with the instrument and triangulated them.

Question: You feel that the surveyor, after he established this point on the rock in going up the hill side, would have the highest point on the knoll?
Answer: That is the only point he would take and did take.

Question: And his next point here - up the hill side?
Answer: Yes.

Question: Does your point enable you to see both the rear and advance points?
Answer: Yes. I went down there this morning.

Question: Now, having a definite fixed point here at the rock, and assuming, as you believe you had a right to do, that all of the ocean survey by Alexander was a traverse survey - had points that were intervisible, and knowing what the Government had previously done by establishing the line by Kanakanui's survey, and knowing that the course you took there was the course that was practically identical with Alexander's survey, you landed at a point which was a bluff point, did you not?
Answer: Yes.

Question: And, in your assumption, at the time Alexander made this survey that bluff point would have enabled Alexander to see to the rock point that now is agreed upon as a corner?
Answer: Yes. I think so with a flag set up.

Question: Also enable him to see back to a far point along the ocean side?
Answer: Yes.

Question: In other words, prior to the growth of Keawe Trees, that survey [page 371] of Alexanders would have reproduced itself with accuracy and each point on the ocean side would be intervisible?
Answer: Yes.

Mr. Merriam: That in short was the method used in reproducing the lines of the land of Waikapu by an up to date survey; it simply carries out what we thought was fundamentally required of us - to stand by and on the lines of the lands adjoining, all of which boundary lines were settled many years before this survey was made. I think, so far as the examination of Mr. Baldwin is concerned, we are finished.

Cross Examination of E.D. Baldwin

Mr. Hewitt: Mr. Baldwin, you have only taken us down to point marked 'C' there in this detailed journey we have had. Will you take us on from ‘C' down to the sea coast and explain how you arrived at this?
Answer: We did, but I think you must have overlooked it.

Question: Would you go over that once more from point ‘C' until you hit the sea shore?
Answer: What did you want?

Question: I stated clearly that that line is run down to the end of the distance given in the certificate of boundaries and that carries you some where short of the sea?
Answer: It carries you to the points as Alexander took them along the sea on the bluff.

Question: I mean the line running from ‘B' toward ‘C' and through ‘C' - according to Alexander's survey must land you at the sea shore, is that right?
[page 372]
Answer: Not the way I understand his survey; he says the ocean is the boundary.
Mr. Hewitt: Have you a copy of the Ukumehame certificate, Mr. Merriam? Would you mind introducing this in evidence?

Mr. Merriam: We offer in evidence a certified copy of the Boundary Certificate of Ukumehame, No. 68, Maui, which contains a full description by metes and bounds of the land of Ukumehame, before L. Aholo, Commissioner, dated April 24th, 1883.

Commissioner: It is allowed in evidence as Applicants' Exhibit 'A'?

Mr. Hewitt: Will you please point out to the Commissioner the course that you are talking of - that survey by Alexander - from the sea up to the point marked 'B' or the marked rock?
Answer: The course marked 23 is the one from the sea to the rock.

Question: Well, now, what is the course just preceding the one from the sea shore to the marked rock - that is 22?
Answer: 22.

Question: And that takes you along the sea shore?
Mr. Merriam: Along the ocean.

Mr. Hewitt: Along the ocean to a certain point that is right near it?
Answer: In fact his points are not at the ocean side.

Question: He said the ocean was the boundary?
Answer: The ocean was the boundary.

Question: Then that line runs along the ocean?
Answer: That is the true boundary.

Question: His points are all shown from up above - he was describing the points along the ocean?
Answer: Yes.

Question: Is it on course 22 that you come to the last point on the ocean?
Answer: Yes - here is what he gave.
[page 372]
Question: Then how does it lead from the next course to there?
Answer: Here - north - it is 6° 144.90 along Waikapu to bank of ravine.

Question: From that point, which you reached by 22, there is just one course to the marked rock?
Answer: Yes.

Question: Whereas in your description you have used two courses, have you not, you have inserted an extra course?
Answer: I turned it off at right angles to the sea.

Question: By what authority?
Answer: None - when I ran that line I ran it through to the sea - I felt  - I didn't have any authority and I didn't know how much authority I did have.

Question: What I want you to do is explain fully to the Commissioner how you got that extra course in there of 147 feet, if you have based your description upon this survey of Alexanders?
Answer: I took the absolute angle from that known point, turned it up and ran it in the given description; I ran it straight to the sea, but when I was making out the description for the certificates I didn't know whether I had that right; but that is the point given in the certificate of Alexander's survey; that is all we got, it is short, and we haven't got anything else.

Question: It seems clear to you that the last point on the ocean is not the point Alexander had in mind?
Answer: So far as we know it is his survey, and in the certificate, and is the point given in the certificate of boundaries and I can't make it any different.

Question: This survey of Alexander's is rather indefinite, isn't it?
Answer: Not on those two lines - the line running to the ridge above is short, and this one here is short - it is short in distance.

Question: A great deal of stress has been laid by Mr. Merriam on the fact that by following literally and as a guide this Alexander survey of Ukumehame it appears that in order to reconcile your theory [page 374] with Alexander's you found it necessary to insert an entirely new and additional course?
Answer: it is his survey along the coast, and if you want to go along the coast you have got to follow it.

Question: Suppose we wanted to know the next point way up in here some where – how do you get that?
Answer: it would be the same way.

Question: The description carries you along the ocean - doesn't it?
Answer: Not the way he showed it; he states the ocean is the boundary, and when he hits that point he runs in.

Question: And from that one point to the X here?
Answer: Yes.

Question: Where you added a new course - 147' - at right angles to the sea?
Answer: No - you have to get the sea some way or another.

Question: Well, there is some doubt as to just how you got to the sea - even in Alexander's survey?
Answer: No - you have to go up this way.

Question: By what authority do you cut up off at right angles?
Answer: The only way I can think of is where it runs along the valley.

Question: And yet they are running along the boundary?
Answer: Well, I haven't run across any accretion.

Question: That is a departure fixed by law and not survey?
Answer: No.

Question: In accretion you run at right angles - it is merely to conform with what the law says?
Answer: I haven't run across any law on it - it may be so. It is the law ordinarily that where accretion forms the line is either line carried in a continued line, or, if impossible, at right angles to the sea.

Question: But that has nothing to do with this situation. That is the only authorization that you know of for adding the extra course, is it not?
[page 375]
Answer: No. That is his point given in this certificate by both bearings and distances, and that is the end of my authority. I may not have any authority to do it, but I ran it off into the sea.

Question:  What is your honest opinion as to the correctness of the line as laid by Kanakanui from the rock toward the sea shore?
Answer: Practically correct in my final studies of the land – except it can go a little further that way 9 or 10 ft, but not amount to much.
Question: What do you mean?

Answer: Not the exact angle - in all my surveying I find you can't lead the magnetic needle closer than 15', the circle is marked in half minutes, and if you work up the needle it will never come right - I have always taken 15'. For instance, if it is 14 you take 14.50 or 14.35; that is probably what Kanakanui did, and as he did it that way I took it. We didn't want to differ from the government.

Question: Then your own honest opinion is that the line ran by Kanakanui is not exactly correct?
Answer: It is exactly correct.

Question: Exactly?
Answer: I just explained why we take 15' - 49.30 the exact difference between my line and that - the nearest is 45'.

Question: Well, you have changed your opinion since 1925 on that point, have you not?
Answer: Not that I know of.

Question: Didn't you, in 1925, have the belief that the, line was incorrectly laid by Kanakanui?
Answer: That is something new to me.

Question: Didn't you, on August 1st, 1925, write to the Territorial Surveyor as follows: "On the Waikapu line, which I went into most thoroughly over a year ago, for the deed from the Hawaiian Commercial and Sugar Company to Wailuku Sugar Company, [page 376] it seemed that the line from the well known X on the large rock mauka of Pulehunui to the sea coast ran a little further inland or north west"?
Answer: Kanakanui's sea coast is too small on this line - as you know Alexander gave a magnetic bearing; but after both Mr. Foss and I had gone carefully into the matter we concluded as the Government Survey Department had established this line; it would be better to accept their line rather than have any trouble over same later, so that the deed from the Hawaiian Commercial and Sugar Company to Wailuku Sugar Company was described as 'Along the Kanakanui line.' For instance, if you go to the rock and set up a transit today it will run way inside - it will run way in here.

Question: Well, did you write what I have just read?
Answer: I must have if it is written there. I told Mr. Penhallow - I made reports of that.

Question: You did write that to Mr. Wall?
Answer: That was in discussing that [...]

Question: Did you?
Answer: Yes.

Question: You still have the same opinion?
Answer: No. In this case we found it exactly where we went up the ridge - his definite point.

Question: I would like to show you a tracing of a sketch plan entitled 'Portion of Government land of Ukumehame, Maui, [...]

Mr. Merriam: Prepared by whom?
Mr. Hewitt: I will connect it up later on; this connects with Mr. Baldwin's testimony.

Mr. Merriam: We have no objection to it.
Answer [sic. Question]: Have you ever seen that before?
Answer: Not this one, but we have it in that lease you have.
[page 377]
Question: You have a similar one?
Answer: Yes.

Question: Would you say, from that sketch plan, Kanakanui believed that this line, from this point up here, near the words 'to Wailuku', ended on the lower end?
Answer: I am not sure; he leaves it indefinite, but the line here shows it just as I had it.

Question: It doesn't show that, if continued, it would run into Kapoli Spring?
Answer: No, you take these bearings here, and that is the exact line I ran.

Question: If you knew nothing of the case previously, and were shown that plan, where would you, as a surveyor, say that line, if extended, would end?
Answer: I can't answer that because the plan looks incomplete here; he was not surveying up here.

Question: Would you say that Kapoli Spring had any significance of that?
Answer: In what way?

Question: Any way as marking boundaries or determining boundaries?
Answer: No. I don't think so.

Question: What would you say it was inserted for?
Answer: This flat here is called Kapoli, and the Springs run there, would it be liable to be called Kapoli Spring?

Question: Why didn't the surveyor simply say 'Kapoli' instead of 'Kapoli Spring?'
Answer: I don't know.

Mr. Merriam: I think I will object to your line of questioning for this reason - you are now considering a survey which has no bearing on the land in question as against your original boundary certificate, which you are bound, under the provisions of law, to go by; a subsequent survey to the boundary certificate has no standing in the consideration of the Commissioner, he must adhere strictly to the point that the law says, that is, the actual lines at the time the boundaries were settled. This, I think, is reason, and should not be admitted as governing the boundaries of the land of Waikapu.

Commissioner: Objection will be over-ruled.

Mr. Hewitt: It is also offered to show that it was Kanakanui's contention that, if it was continued, it would come to Kapoli Spring. We might offer it for identification at this time. We claim that it is cooperative with what Kanakanui intended the terminus to be – Kapoli Spring. We offer it in evidence.

Mr. Merriam: I do object for the reason that it is contrary to Section 558 to the Revised Laws of 1925; also it is contrary to the decision in the case in the 18th Hawaiian, 394.

Mr. Hewitt: It is offered as cross examination of your direct examination on the Kanakanui line.

Commissioner: The tracing or plan of portion of Ukumehame land will be allowed in evidence as Contestant's Exhibit ‘1.'

Mr. Merriam: I would like to have this given careful consideration as to what evidence can be used in the settlement of a boundary of land which has had its boundaries theretofore established and on which it must rest its own boundaries without conflicting with the fundamental law of the Territory.

Mr. Hewitt: It is not a fact that it would be impossible to fit the Alexander Survey literally or exactly to the natural features of the land?
Answer: What portion of it?

Question: Several – there are several?
Answer: There are quite a number of instances if you tried to follow Alexander's survey of the boundaries of Ukumehame you . well.

Question: You would find yourself at certain points that you know he could not have intended them to be at?
Answer: yes.
[page 379]

Question: It was a magnetic survey?
Answer: Yes.

Question:  For instance, on the line from 'B', where the marked rock is, if you followed it literally - instead of being on the ridge - you would be off in the gulch on the Wailuku side, would you not?
Answer:  By modern declination of that portion of the sea coast we visited this morning, where the cliffs are fallen down, if you followed the survey that way you would land some point out on the sea. I wish to say that the survey I made I could carry it 25 ft., more or less, either side - a very rough estimation; there is nothing on that side except where you could get on the visible points, and I came right practically on 'the edge of the sea there.

Question: And then when you come down here, to the point where you leave the sea shore, you got into another incongruity that it has caused you to insert another course?
Answer: Well, that is the point given in the certificate, and I have got that to go by; I had to get there.

Question: Would it not lead to an absurdity to locate the boundaries of Waikapu by following the lines of Ukumehame?
Answer: Not at all; those two lines from 'A' to 'B' to another point - they are very definite.

Question: from 'A' to 'B' - would you not land on the gulch?
Answer: Those are the two points of Alexander's survey, and that angle would give the other exactly; that is what we always go for, and look for; we always go to get those, if we took the modern declination it would run up this way.

Question: So, in order to fit the natural features, you have to make changes in his bearings and distances?
Answer: Not in those.

Question: In some?    .
Answer: I have dealt with the natural ones.
[page 380]
Question: Is it not a fact that in order to rectify Alexander's survey with the natural monument you have to vary it in several instances?
Answer: Above the hill Alexander runs up in there - I followed it.

Question: So it really is absurd when we say the boundaries of Ukumehame are so definitely set?
Answer: As a surveyor I will state that this is one of the most definite; it has a definite angle there from two definite points, all the way up the ridge it is very definite.

Question: Do you ordinarily find it necessary to insert more than one course?
Answer: This is only out one hundred feet, and a great many I have tackled are out one thousand feet, and some on Hawaii are out miles.

Question: And yet you say it is so accurate and not indefinite?
Answer: It is on that side - it is very definite in my opinion.

Question: Then you would say these little additional courses are trivial?
Answer: Yes, they are.

Question: It would be a much better result, and probably more as Alexander intended it, if that additional course was not inserted?
Answer: Alexander was running along the sea from the sea and when he hit the point it is shown by the line running down here, he was above the sea at that point, and the boundary running inland.

Question: Let me express it a different way. If it is possible to wipe out that additional course, that you have thrown in here, and if this survey of Alexander's coming along the ocean to a certain definite fixed known monument and then have only one course, as he calls for from that point to the marked rock and with the angle, it would probably be a much better piece out than this one that includes the extra course at right angles?
[page 381]
Answer: Decidedly - if he left the monument at the sea we would not have all this trouble, and we would not be fighting over it.

Question: Now, Mr. Baldwin, let's mark here as a X on that point at which you take your departure from the ocean, that is the beginning of this course running at right angles as near as you can make it out the Alexander survey of Ukumehame runs along the ocean to the point marked X?
Answer: Runs inland.

Mr. Merriam: I think you are confusing the line which Alexander takes - the survey is a plan survey.

Mr. Hewitt: That point X is the point to which Alexander's survey brings the boundaries on the ocean?
Answer: No - he runs a bluff line to the ocean - I got the boundary that way in Alexander's survey.

Question: Well, where, along the sea shore, does Alexander's survey bring the boundaries of Ukumehame?
Answer: The only known point we have is the marked rock, and run back
from that to mark his distances; it is given in the certificate and fixed as the boundary.
 Question: You located this point by going back to the rock marked B and coming back?
Answer: Alexander's survey runs both ways.

Question: Is it your idea that the course and distance should prevail over natural monuments when you are trying to locate a monument?
Answer: There is no natural monument near the sea - I ran it to the sea.

Question: Haven't you got a natural monument where the X is and another at the sea?
Answer: Not definite to the sea unless you run to the sea.

Question: Why haven't you run it from the rock to the sea?
Answer: Because Alexander's line runs on those bearings.

Question: You are laying more stress on the bearings?
Answer: I ran it right through to the sea shore as I did formerly.

[page 382]
Question: It might continue on through to the sea shore instead of turning at right angles?
Answer: It hits the ridge from here to here, if it was run through it would hit nearly at the other side.

Question: Isn't that the theory you were working on?
Answer: No.

Question: You prefer to get to the sea by throwing in the extra course?
Answer: Didn't prefer anything - simply got to the sea that way.

Question: Isn't it pretty clear that Alexander intended the line to run from the X rock to the sea in one straight line?
Answer: He ran to his bluff point.

Question: Isn't it pretty clear that Alexander intended the line to run from the X rock to the sea in one straight line?
Answer: No. He ran to his bluff point - he came round the sea on the bluff and he ran inland from the sea.

Mr. Hewitt: I would like to have the Commissioner look at this survey, and look at courses 22 and 23. (Commissioner examines document.)

Mr. Hewitt: Now, Mr. Baldwin, have you ever seen the map that Mr. Alexander drew and filed with this same description of Ukumehame?
Answer: Yes. (Answered before objection was in)

Mr. Merriam: I object to the question and the answer. The map that is being referred to is a map unauthorized by law; the law - at the time the survey of Ukumehame was made - didn't require a map - no map is actually on file with the record of the boundary certificate, and I object to its admittance in this instance.

Commissioner: Isn't there a dispute in this as to where the line runs?
Mr. Merriam: Yes.

Commissioner: Isn't that why the Commissioner is sitting here [page 383] today? Not to accept the view of either party until he has heard all the evidence. The objection is over-ruled and the question and answer will be allowed.

Mr. Merriam: Exception.

Mr. Hewitt: Have you a copy of that map, Mr. Baldwin?
Answer: No.

Question: Do you recognize this map, Mr. Baldwin?
Answer: I have seen a blue print of it.

Question: Showing the witness a map of Ukumehame, of West Maui J. M. Alexander's survey, August 1874, do you know what that map is?
Answer: James Alexander's map.

Question: And for what purpose was it made?
Answer: Well, it is Alexander's map.

Question: How did it happen to be made?
Answer: I take it for granted it was made in connection with his survey of Ukumehame.

Commissioner: This very survey referred to?

Mr. Hewitt: In Exhibit 1. May I offer this in evidence?
Mr. Merriam: Yes.

Hewitt: You have no objection to the fact that it is offered on cross examination instead of direct examination?
Mr. Merriam: No - just save an exception.

Commissioner: The map of Ukumehame, West Maui, J. M. Alexander, surveyor, dated August, 1874, may be marked Contestant's exhibit '2.'    .
Mr. Hewitt: Mr. Baldwin, this Contestant's exhibit '2' you say is a map, made by Mr. Alexander, of the land of Ukumehame, as described in Applicants' exhibit 'A?'
Answer: Why, I suppose it is.

Question: You have no doubt of it?
Answer: It looks as though it is in connection with it.

Question: You have seen this before?
[page 384]
Answer: A blue print of it.

Question: And you have never doubted the authenticity of it?
Answer: No.

Question: You have no doubt it is Alexander's?
Answer: It is signed by him.

Question: Assume, for the purpose of this question, that you have never, seen any description of the land of Ukumehame and all you have before you -  as an expert surveyor - was this exhibit '2' - the map - where would you say that the line running from this point, which I will mark x - near the word Puu Hele, would be - where would you consider that first course terminated going toward the sea?
Answer: Well, there is nothing there to indicate, if I had no survey, as to where it exactly went:

Question: It couldn't possibly go to Kapoli Spring?
Answer: Not necessarily the way it is written.

Question: It seems apparent that it terminates some where between the word Kapoli and the word Spring?
Answer: No - in this small scale it is hard to tell.

Question: You can't see any point where the line turns?
Answer: The Spring is all round that.

Question: Kapoli Spring is just a spring?
Answer: Kapoli is the name of the low land.

Question: But Spring?
Answer: Spring  - the whole of Kapoli is here.

Question: And it is known as Kapoli Spring?
Answer: Kapoli Spring is right round it. I always was interested to know where it was and I hunted all round there and got all the testimony I could, and one fellow would name it as this Spring, and the first man showed me a water spring and said when it rained it is fresh water right round the house, that was pointed out to me as Kapoli Spring.

[page 385]
Commissioner: Where we went this morning?
Answer: It is makai of the beach there by the windmill, there is a dirt flat there that fills up with fresh water when it rains, and that was pointed out to me as Kapoli Spring; all round that point, way down to the mouth of the gulch almost, is spoken of as springs, and I have seen that the whole region there is Kapoli, so Kapoli Spring would be where the water springs out.

Commissioner: What does 'Kapoli' mean?
Answer: Hollow - depression.

Commissioner: Water that comes out of a hollow?
Mr. Penhallow: It is something aside from springs.

Commissioner: The word 'Kapoli' has no direct reference to th ....

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.... Figures would be 63° 48'.

Mr. Merriam: I will then refer you to Applicants' Exhibit D, which is a plan of a portion of the Ukumehame boundary adjoining the land at Waikapu, and ask you if the angle of divergence given on this map, line B-A and B-C of Applicants' amended map is the same sized angle as stated by you just now?

Mr. Newton: The same angle. It would not make the same angle to that you had on your map.
Mr. Merriam: Mr. Newton, in using the point wherein the [page 461] Govern
ment has the flag at point A of Applicants' amended application, you have admitted you have taken a longer distance of line than the Ukumehame boundary Certificate (Contestants' Exhibit 5) calls for, what justification have you for taking that longer length of line?
Mr. Newton: The description does. Calls for a point on the ridge. Natural monument.

Mr. Merriam: Where do you see that?
Mr. Newton: 24 course reads: "S. 69° 30' W., 60.10 ch. on . ridge along Waikapu."

Mr. Merriam: When you arrived at a point on a ridge, such as in the approximate location of point A on Applicants' amended map, and you find that there is a saddle above that point before you get to the next point of the survey further mauka, is it not in your estimation to go to the topmost point on a knoll; such as there is at point A?
Mr. Newton: No, not necessarily.

Recess of 10 minutes.

Mr. Merriam: You have stated Mr. Newton that Mr. Kanakanui made a mistake in the direction of the line from B to C toward the ocean on Applicants' Ammended [sic] map; how do you know he made a mistake?
Mr. Newton: Because it shows on the face of the map and in his field notes that he was running to Kapoli, that he located Kapoli -
 
Merriam You do not know but what his location of Kapoli Spring was the proper one?
Mr. Newton: Because there is only one Kapoli Spring.

Mr.  Merriam: But there right be two understandings as to which location -
Mr. Newton: The one we took 100 feet further would be inland.

Mr. Merriam: In other words, your conclusion with respect to the error is dependent upon where Kapoli Spring actually is,
Mr. Newton: Monument at the sea.

Mr. Merriam: You are assuming it in one place and another one in another place?
[page 462]
Mr. Newton: I leave that to the Kamaaina.

Merriam: I now call your attention, Mr. Newton, to "Contestants' Exhibit 4” being the record book No. 1, Boundary Commission for Maui, (Showing witness Certification or the boundaries, the land or Ukumehame) which shows the note, as follows: Note: "Waikapu claims a strip of sea-shore, 1 ch. broad, reaching from Kapoli to Manawainui in ravine". Mr. Newton, the use of the word "Kapoli" may mean, land of Kapoli, may it not?
Newton: According to the Kamaaina, Kapoli was in the vicinity of the spring.

Mr. Merriam: It has been indicated that there was such a Spring, a section of land known, a portion of land […]
Mr. Newton: About the size of this room.

Mr. Merriam: Might this reference refer to the land of Kapoli, it does not say Spring?
Mr. Newton: According to the Kamaaina, Kapoli was known as the spring and land which took in a space the size or this room.

Mr. Merriam: Very well, I think that is all.

Mr. Newton on re-direct examination.

M. Hewitt: You stated a while ago, it was not necessarily the logical thing for a surveyor standing at the X-rock to take his point on the ridge - the highest point - what do you mean by that?
Mr. Newton: The intention of that is, that putting up your station on a point on the ridge, that you try to get a point where you have a view of the lower section in general after for detail work. You may want to put in [---] sub-station in between, when the distances are very long.

Mr. Hewitt: Does the Government station on the ridge mauka of the X-rock represent such a location?
Mr. Newton: It does.

Mr. Hewitt: Better than the flag adopted by the Applicants?
Mr. Newton: From the road in places, you cannot see Applicants' flag

[page 463]
Mr. Hewitt: Will you proceed a little further on than where Mr. Merriam carried, in Alexander's distances when checked with natural monuments (referring to Amended map of Applicants) Will you mark in numbers as you proceed, instead of letters.
Mr. Newton: 26 course given in the Certificate. Distance is 3570.6 ft. Applicants' map between points 1 and 2, the distance is 3676.

Mr. Hewitt: Longer than Alexander calls?
Mr. Newton: Yes, longer than Alexander calls. A difference in bearing from Alexander's bearing. The next course 27, calls for the distance of 1623.6 feet. That is from point 2 to 3 on the Applicants' map; they have inserted 2 courses instead of one. The total distance of the two courses is shorter than the one course given by the certificate; but the two courses have different bearings.

Mr. Hewitt: Where Alexander gives one instead of two.
Mr. Newton: They give two.

Mr. Hewitt: Proceed on, any other?
Mr. Newton: The line back to Ukumehame on the west.

Mr. Hewitt: So, when they speak of their reproduction of Survey, they must mean by that something different from what we call a reproduction?
Mr. Newton: Looks that way.

Re-cross examination of Mr. Newton.

Mr. Merriam: Mr. Newton, you have just stated that the lines run by the surveyors for the Applicants in this case, between point A, point 1 and 2 – “did not coincide” in matter of distance, at least, with the Alexander survey?
Mr. Newton: They do not.

Mr. Merriam: I will ask you, as a surveyor, if these points selected by the surveyor for the Applicants, are not clearly the points that any surveyor would take on a mountain ridge side for the point such as Alexander's survey seems to call for; are they not natural peaks, and a natural one for a surveyor to take?
Newton: I believe so.

[page 464]
Mr. Hewitt: In this so-called Alexander survey, I wish you would explain to the Court and me, how the applicant gets to this point, the last point on the sea-shore on the amended map.
Mr. Newton: They have tried to run a line from the X-rock using Kanakanui's azimuth, and produced it through the distance given in the certificate itself. 147 feet back from the sea.

Mr. Hewitt: Whereas, the Alexander survey locates it at the sea.
Mr. Newton: Yes. They traversed further back from the sea. There is a difference between the traverse line and the actual boundary.

Mr. Hewitt: If they went from the X-rock and took Alexander's bearing and went to the sea as he intended it, to go to the sea, they would hit the ocean at an entirely different point than their survey would hit.
Mr. Newton: It would hit the sea first, at a point off Kapoli Spring.

Mr. Hewitt: And before you ever come to the Cornwell beach house.
Mr. Newton: Yes.

Mr. Hewitt: It would not in any way reach the Cornwell house?
Mr. Newton: The point they have now is south. The first point that hit the sea is in the bay, that is on the sea side, the point that hits the ocean is directly north of the beach.

Mr. Hewitt: between the beach house and Kapoli?
Mr. Newton: The point just north of Cornwell's beach house. On the opposite side of the cove, on the Wailuku side of the bay.

F.H. Kanahele called and sworn.

Mr. Hewitt: Will you admit Mr. Kanahele's qualification as a surveyor?
Mr. Merriam: I do.

Mr. Hewitt: What is your name and occupation?

[page 465]
Mr. Kanahele: My name is F.H. Kanahele and Occupation is Assistant Government Surveyor.

Mr. Hewitt: Have you ever seen this blue-print before?
Mr. Kanahele: I have.
   
Mr. Hewitt: Have you checked the work in this, so that you can state whether it is accurate?
Mr. Kanahele: Yes.

Mr. Hewitt: Have you found it accurate?
Mr. Kanahele: It is.

Mr. Hewitt: Offer in evidence survey and map by James M. Dunn,
Sept. 4, 1927.    .
Mr. Kanahele: Purpose of map. Detail location of the surroundings in question, at the end of the line; from the X-rock mauka of Ukumehame to the vicinity of Kapoli.

Commissioner: Admitted in evidence and marked "Contestants' Exhibit 13",   
Mr. Merriam: Object to the admittance for the purpose of evidence for the reason that it is not an original, and contains many alterations, the authority for such alterations is not shown.

Mr. Hewitt: This is, offered its purpose is to make clearer the testimony of this witness as he gives his testimony and the testimony of the other witnesses.

Commissioner: For that purpose, it is admitted.

Mr. Merriam: Save an exception.

Mr. Hewitt: Will you explain to the commissioner just what this plan shows?
Mr. Kanahele: This plan shows a detailed location of that portion of land between the Main Government road, from Wailuku to Lahaina, and high water mark along the sea coast in the vicinity of Kapoli Spring and Cornwell's beach house. This line here, between (A and B), shows a portion of the line as run from the X-rock N.W. of Puuhele to the bluff point as selected by E.D. Baldwin (A). This line (from C to D) is a line as run by Jas. M. Dunn, Asst. Government Surveyor, and myself, to be the line extending from the X-rock N.W. of Puuhele to Kapoli Spring, as gathered by James M. [page 466] Dunn and myself from Kamaainas of that vicinity.

Mr. Hewitt: This point (E) what is that?
Mr. Kanahele: That is the (C) point of E.D. Baldwin, and this line from E to A is the extra course they have thrown in to reproduce Alexander's Survey.

Mr. Hewitt: And a line from their natural monument to C, that is point E, to the marked rock would hit the sea about where?
Mr. Kanahele: At a point marked F.

Mr. Hewitt: That is all.

Mr. Hewitt: You are the surveyor who located the Government flag on ridge on the rock?
Kanahele: I am.

Mr. Hewitt: How did you happen to locate it the way you did?
Mr. Kanahele: I selected a base line below before I hiked to the hill; below in that flat line makai of Puuhele, in that clear portion running to the ocean on the makai, east side of the road. On arriving at the top of the ridge, I found that I could not very well establish a system of triangulation from E.D. Baldwin's point.  I investigated the range and found several ahus, built up piles of rock, in several different localities of that particular ridge. I finally chose one; that was 34 1/2 feet away from the present flag (my flag); at the time not knowing anything about that particular spot. It just happen to miss my observation. Before leaving the ridge, I again looked around and came to this Ahu, which had a solid rock triangular in shape, a rock that is generally taken by surveyors, when so marked. From this point I had the same commanding view as that of the lower point. I began to take measurements about the ridge, and finally, from my measurements, found out that this particular Ahu was very centrally located, as shown in this sketch. My presence is now at B. A is my first flag. C is E.D. Baldwin's flag. It represents a sketch of the ridge. It begins to slope abruptly. Gradually sloping and then dropping.

[page 467]
Mr. Hewitt: Did you make that sketch yourself?
Mr. Kanahele Yes.

Mr. Hewitt: Offer this in evidence.
Commissioner: What is that page you have been referring to?

Mr. Kanahele: Page 20.
Commissioner: Book of what?

Mr. Kanahele: Calculation book.
Commissioner: The contestants offer in evidence a book designated by the witness as "Calculation book" for the purpose or throwing light on the testimony of the witness. That will be admitted in evidence and marked "contestants' Exhibit 14".

Mr. Kanahele: From this sketch it is very plain; showing the distance from the edge, where the ridge itself shows - mark falling. From A to the edge, 28 feet; from B to the other edge, 26 feet; from C to the mauka edge, 25 feet; and I may add, this portion of it is drawn to scale; so it is actual reproduction to scale.

Mr. Hewitt: In your opinion, which one of these three points is the most logical point for a surveyor to adopt, running Alexander's survey.
Mr. Kanahele: The point marked B.

Hewitt: Taking that as the point on the ridge, and running back down to the X-rock, where does that angle, at the X-rock, throw the line from the rock to the sea?
Mr. Kanahele: It would be in the vicinity of Kapoli.

Mr. Hewitt: And by Kapoli, you mean what?
Mr. Kanahele: The spring.

Mr. Hewitt: it would throw the line more toward the Spring than it is run in the amended plan of Applicants?
Mr. Kanahele: Yes.

Mr. Hewitt: How far would it come, from the sea, high water mark
Mr. Kanahele: About 10 feet.

Mr. Hewitt: Which way?
Mr. Kanahele: Mauka.

Mr. Hewitt: Of high water mark?
Mr. Kanahele: Yes.

[page 468]
Mr. Hewitt: You have figured that exactly?
Mr. Kanahele: That is a fair estimate. I haven't figured it accurately.

Mr. Hewitt: Where is it in regard to that iron pin?
Mr. Kanahele: About 10 feet of that iron pin.

Mr. Hewitt: That is all.

Mr. Kanahele: on cross -examination

Mr. Merriam: Mr. Kanahele, I call your attention to Contestants' Exhibit 13, which on reference thereto, you have indicated that the location "A" is Mr. Baldwin's point at the end of the line from X-rock on the Applicants' Amended map. Do you know whether that point can be considered as a good bluff point in connections with the Alexander survey of the land of Ukumehame, is it, is that a point on the bluff?
Mr. Kanahele: Intervital bluff.

Mr. Merriam: In that a point on a bluff?
Mr. Kanahele: Yes, it is.

Mr. Merriam: Are you in agreement with Mr. Newton's statement, that the Alexander survey was a bluff point survey over to point "A"?
Mr. Kanahele: Not to point A. They may be bluff to bluff points but not to point "A".

Mr. Merriam: That is, you have indicated Mr. Baldwin's line from X-rock, B to B, on the applicants' amended map, runs to your point "A" on Exhibit 13, do you not?
Kanahele: Yes.

Mr. Merriam: And his next line runs from E to E?
Mr. Kanahele: Yes.

Mr. Merriam: You admit that point A is on a ridge, do you not?
Mr. Kanahele: Yes.

Mr. Merriam: Can you state whether that point is a point from which he would be able to see X-rock?
Mr. Kanahele: It is impossible.

Mr. Merriam: you think so? 
Mr. Kanahele: I absolutely know so.

Merriam: How do you know?   
Mr. Kanahele: There are authorities, as Mr. Newton has stated.

[page 469]
Mr. Merriam: From the evidence you have produced?
Mr. Kanahele: Yes.

Mr. Merriam: I will call your attention to this same map "Contestants' Exhibit 13", wherein you have indicated that the line D to C is the correct line for the line from the X-rock at B, Applicants' amended petition, to Kapoli Spring?
Mr. Kanahele: Yes.

Mr. Merriam: You admit that the Alexander Survey calls for the point at the sea, the last point before you go to X-rock, shall be at the sea at high water mark?
Mr. Kanahele: Yes.

Mr. Merriam: I also call your attention to the fact you have reached the sea at this point here, it is s what?
Mr. Kanahele: High water mark.

Mr. Merriam: And where is Kapoli Spring? At sea?
Mr. Kanahele: At sea.

Mr. Merriam: By what right, did you go beyond high water mark after reaching the sea to get Kapoli Spring, course what?
Mr. Kanahele: by the right that in a survey, monuments prevail.

Mr. Merriam: You had better define that survey; you mean Ukumehame?
Mr. Kanahele: Yes.

Mr. Merriam: The map is a part of it; by what right did you make that line?
Mr. Kanahele: As I have stated before, by the right, monuments prevail.

Mr. Merriam: Is not the sea a monument?
Mr. Kanahele: Yes sir.

Mr. Merriam: Why didn't you stop there; you had reached the sea called by the boundary certificate?
Mr. Kanahele: The reason why I did not stop there was for my investigation of a survey. In inquiring about from the different kamaainas, who actually pointed the Spring out to me, and who also claim that the Spring was the end of [page 470] Ukumehame and Waikapu by the sea; I therefor concluded that Kapoli Spring was a monument to be taken into consideration in this survey. The line that I took from the ridge point mauka of Puuhele, the angle that I took, from the ridge point, mauka of Puuhele, diverting it toward the sea, was some 10 feet in of this line (from C to D) 10 feet inland, which line did not cross the sea coast at high water mark.

Mr. Merriam: Why did: you mention that line, when you are contending for this line?
Mr. Kanahele: Because this is the line pointed out to me by the kamaaina.

Mr. Merriam: That is the line you think should be right?
Mr. Kanahele: Yes.
 
Mr. Merriam: You have stated that you have assembled information from kamaainas on which you base your interpretation of the main line in dispute (from B to C) and beyond to the coastline, what kamaainas?
Mr. Kanahele: Kamaka Kailianu, Piimoku, Moses Kalani and James Cornwell.

Mr. Merriam: All individuals about how old?
Mr. Kanahele: The youngest is 57, oldest is 73.

Mr. Merriam: How, Mr. Kanahele, in your location of your flag, are your locations are the ridge point at A, you have stated that your first flag was at A.
Mr. Kanahele: Yes.

Mr. Merriam: Shown on Contestants' Exhibit 14?
Mr. Kanahele: Yes.

Mr. Merriam: And your second location was at B?
Mr. Kanahele: Yes.

Mr. Merriam: Why did you change from A to B?
Mr. Kanahele: Because B was to my mind a better point for any surveyor to select.    .

Mr. Merriam: From what natural character was it a better point.
Mr. Kanahele: It had a better commanding view of the lower lands.

Mr. Merriam: A better commanding view of the rock?

[page 471]
Mr. Kanahele: Of the lower land between the rock and Kapoli Spring.

Mr. Merriam: Did it have a better commanding view of the rock itself?    .
Mr. Kanahele: It had just as good.

Mr. Merriam: Did it have a better commanding view of the rock itself?
Mr. Kanahele: It had the same commanding view.

Mr. Merriam: Can you state, that second B, commands a better location at B, than Baldwin's location at C?
Mr. Kanahele: I can see the bottom of my flag, you cannot see the point of Mr. Baldwin's flag; the point right next to the ground.

Mr. Merriam: However, you recognized that Mr. Baldwin's point at C is a point at a higher elevation than your point?
Mr. Kanahele: A little higher.

Mr. Merriam: I would call your attention to Contestants' Exhibit 13 and ask you if on either of these two lines, B to A, or D to C, there are any reference there to Kamaainas' names, on which we base the location of these lands; or on whose information was based the location?
Mr. Kanahele: They are not actually kamaainas, excepting that here, it reaches the line further. No kamaainas.

Mr. Kanahele: on re-direct examination.

Mr. Hewitt: In your estimation, is it possible that between 1874 and 1925, there was a slight change of 3 or 4 feet at High tide mark in the vicinity of Kapoli Spring?
Mr. Kanahele: Very probable.

Court adjourns until 9 o'clock a.m. July 12/2.

[page 472]
July 12/27, 9 a.m.

James Cornwell called and sworn. 

Mr. Hewitt: Your name please?
Mr. Cornwell: James Cornwell.

Mr. Hewitt: And how old are you?
Mr. Cornwell: 57 last May.

Mr. Hewitt: And are you related to Henry Cornwell?
Mr. Cornwell: W.R.Cornwell.

M. Hewitt: Are you related to W.H. Cornwell?
Mr. Cornwell: Yes.

Mr. Hewitt: In what way?
Mr. Cornwell: My father.

Mr. Hewitt: the original H. Cornwell was your grandfather?
Mr. Cornwell: Yes.

Mr. Hewitt: the Cornwell who lived what is called and known to the Cornwell beach house near Maalaea?
Mr. Cornwell: Yes, I stayed there.

Mr. Hewitt: Are you familiar with the location about the beach house there?
Mr. Cornwell: Yes.

Mr. Hewitt: Do you know where Kapoli Spring is?
Mr. Cornwell: Yes, right behind my little beach house; little close.

Mr. Hewitt: Describe it, please more fully. Can you give us a better description of the Spring. What do you mean "just behind your house?"
Mr. Cornwell: My house in the front and that was behind, close by the beach.

Mr. Hewitt: what does it look like around the Spring:
Mr. Cornwell: They dig a hole there for cattle to go in there to drink at Kapoli.

Mr. Hewitt: What is there on the makai side of the Spring, if anything?
Mr. Cornwell: Nothing but rocks.

Mr. Hewitt: What kind, how many?
Mr. Cornwell: Plenty rocks, big stones.

Mr. Hewitt: How many big stones?
[page 473]
Mr. Cornwell: About 5 or 6 big stones maybe more.

Mr. Hewitt: Are there any unusual large stones? Out in front there, just makai of the spring?
Mr. Cornwell: About 3 great big stones.

Mr. Hewitt: How long have those three big stones been there?
Mr. Cornwell: Since I was a kid.

Mr. Hewitt: Same place?
Mr. Cornwell: yes.

Mr. Hewitt: Is the Spring right in the vicinity of those 3 big stones?
Mr. Cornwell: Little mauka.

Mr. Hewitt: Do you know that place a little more on the Lahaina side where the cliff goes up straight?
Mr. Cornwell: I know it, they call it Pall Hai.

Mr. Hewitt: Has there been much change?
Mr. Cornwell: No, very little change.

Mr. Hewitt: Do you know the name of the place under Pali Hai?
Mr. Cornwell: There is s a little spring over there. At high tide you get water, and low tide you see it coming out. High tide there is salt water.

Mr. Hewitt: What is the name of that spring?
Mr. Cornwell: I forgot the name of that spring.

Commissioner: How long have you lived there?
Mr. Cornwell: Well, I never lived there altogether.

Commissioner: How long have you been well acquainted with that place?
Mr. Cornwell: All my life.

Commissioner: The little spring has a Hawaiian name?
Mr. Cornwell: Yes.

Commissioner: Do you know what it is?
Mr. Cornwell: I know, but I forgot.

Mr. Hewitt: Is it Waikui?
Mr. Cornwell: Waikui.

Mr. Hewitt: How long have you known, that was the name of the Spring?
Mr. Cornwell: I know Kapoli and that water down there.

Hewitt: You knew about the two springs and their names?
[page 474]
Mr. Cornwell: Yes.

Mr. Hewitt: Long before you knew me?
Mr. Cornwell: yes.

Mr. Hewitt: What do you know about the divide line in that vicinity between the lands of Ukumehame and Waikapu?
Cornwell: I do not know about the boundary of Ukumehame and Waikapu.

Mr. Hewitt: Do you know at what place at the sea they are divided?
Mr. Cornwell: I do not know.

Mr. Hewitt: Do you know about what land the beach house was?
Mr. Cornwell: My grandmother told me it was on Ukumehame.

Mr. Hewitt: What else did she tell you?
Mr. Cornwell: I ask her first, when she made a deed to us. She is dead 30 years ago. If we have a right to those houses down there and she said, no. I ask my grandmother if we have the right there. She said, we have no right. My grandmother told me it belongs to the Government; when they told you to go, go.

Mr. Hewitt: Did you subsequently file a preference right claim with the Government?
Mr. Cornwell: No, I never put in until just lately.

Mr. Hewitt: When?
Mr. Cornwell: About 6 years.

Mr. Hewitt: You filed preference right claim for the land where the beach house is?
Mr. Cornwell: Yes.

Mr. Hewitt: Do you recall having taken a lease of that land from the Wailuku Sugar Co.?
Mr. Cornwell: Yes.

Mr. Hewitt: How did you happen to do that?
Mr. Cornwell: When they came to me, They said it belong to them. I said if it belong to them, I might take a lease; better than going out. Penhallow came there and said the place belonged to them, and I leased it. I did not want to go away, I rather stay there and pay $1 a year.

Mr. Hewitt: What was your belief at that time as to the [page 475]
nature of their right there?
Mr. Cornwell: Well, I thought that the Government and Plantation had made everything to the plantation, that is how Penhallow came to me to lease the place, that is why I took the lease.

Mr. Hewitt: You thought the Government had fixed it up with the plantation?
Mr. Cornwell: Maybe the Government had given the plantation the place; that is the reason I took the lease from the plantation.

Mr. Hewitt: Did Mr. Baldwin, the surveyor, speak, bring up that subject to you about Kapoli Spring?
Mr. Cornwell: Yes.

Mr. Hewitt: How long ago?    ,
Mr. Cornwell: I do not remember. Sometime ago he came to the house. He asked me. I told him about Kapoli Spring.

Mr. Hewitt: You did not tell him you did not know anything about Kapoli Spring?
Mr. Cornwell: I told him I know about Kapoli Spring.

Mr. Cornwell: on cross-examination

Mr. Merriam: You made the statement that you understood the location of Kapoli Spring to be right behind the Cornwell house?
Mr. Cornwell: Yes, little.

Mr. Merriam: On which side of the house, toward what locality?
Mr. Cornwell: The house face down the beach.

Mr. Hewitt: Looking toward Olowalu?
Mr. Cornwell: The house face down the beach on that side behind

Mr. Merriam: Toward what place?
Mr. Cornwell: Toward Waikapu side.

Mr. Merriam: How far from the Cornwell house is Kapoli Spring?
Mr. Cornwell: About 100 feet, or little more.

Mr. Merriam: How far from high tide line is Kapoli Spring? Is the location of Kapoli Spring?
Mr. Cornwell: Well, at high tide, water come to the bank of Kapoli Spring.

[page 476]
Mr. Merriam: Is it not a fact that at low tide, there is a large amount of water coming out for a long distance along the shore between the Cornwell house and beyond the Cornwell house on the Olowalu side, also back toward Maalaea landing; isn't there a lot of fresh water coming out along the beach?
Mr. Cornwell: Little way by Kapoli, not go over to Maalaea side.

Mr. Merriam: On the Olowalu side?
Mr. Cornwell: Very Little.

Mr. Merriam: At different places?
Mr. Cornwell: Yes.

Commissioner: What do you mean by different places, how many, ½ dozen, 3 or 12?
Mr. Cornwell: Where Kapoli spring come out, it shoots out; here and there. No water at all over the other side, until Pali Hai, where Waikui is.

Mr. Merriam: Any fresh water between those two points?
Mr. Cornwell: No.

Merriam: At low tide condition?
Cornwell:  Yes.

Mr. Merriam: You say that your grandmother told you that the land on which your present house stands was government land?
Mr. Cornwell: Yes.

Mr. Merriam: What is your grandmother's name?
Mr. Cornwell: Kapu Luzada.

Mr. Merriam: How old were you when she told you that?
Mr. Cornwell: About 23 or 24.

Mr. Merriam: And how old was she?
Mr. Cornwell: I could not tell.

Mr. Merriam: About how old?
Mr. Cornwell: About 60, I think.

Mr. Merriam: You said that you have filed a preference right claim to this land with the land Commissioner about 6 Years?
Mr. Cornwell: About 5 or 6 years.

[page 477]
Mr. Merriam: What did the land commissioner do with this application for preference right?
Mr. Cornwell: I guess they threw it out, I never heard any more,

Mr. Merriam: He has never taken it up with you since?
Mr. Cornwell: No.

Mr. Merriam: You have stated that you knew nothing about the boundary lines between the lands of Ukumehame and Waikapu?
Mr. Cornwell: No.

Mr. Merriam: What you learned was hearsay from others, that is your grandmother?
Mr. Cornwell: Yes.

Moke Kalani called and sworn.

John Ferreira as Hawaiian Interpreter.

Mr. Hewitt: What is s your name?
Mr. Kalani: Moke Kalani.

Mr. Hewitt: How old are you?
Kalani: 63.

Mr. Hewitt: Where were you born?
Mr. Kalani: At Haiku, Maui.

Mr. Hewitt: How long did you live at Haiku?
Mr. Kalani: I was 11 years old when I left Haiku.

Mr. Hewitt: Were did you go?
Mr. Kalani: I came to Waikapu.

Mr. Hewitt: Where have you lived since you were 1l years?
Mr. Kalani: At Waikapu.

Mr. Hewitt: All the time?
Mr. Kalani: Yes, from then until now.

Mr. Hewitt:  Where do you live now, Moke?
Mr. Kalani: At Maalaea.

Mr. Hewitt: Do you know where Kapoli Spring is?
Mr. Kalani: Yes.

Mr. Hewitt: Where about?
Mr. Kalani: It is along a well that I dig myself.

Mr. Hewitt: Locate it more definitely?
Mr. Kalani: Kapoli is a wide place, even where the water is coming under,
[page 478]

Mr.
Hewitt: Tell us, where Kapoli Spring is?
Mr. Kalani: Right at the well where we dug.

Mr. Hewitt: Which side of the Cornwell beach house is that?
Mr. Kalani: On the Waikapu side of the beach house.

Mr. Hewitt: Can you describe that spring any more definitely?
Mr. Kalani: Right where that well that we dug and that is Kapoli Spring right there.

Mr. Hewitt: What is just makai of the Spring?
Mr. Kalani: Stones.

Mr. Hewitt: How many?
Mr. Kalani: Four.

Mr. Hewitt: Big ones?
Mr. Kalani: Two large ones and two little ones.

Mr. Hewitt: How long have they been there?
Mr. Kalani: When I was small.

Mr. Hewitt: And were they in the same place they are now in?
Mr. Kalani: Yes.

Mr. Hewitt: What do you know Moke, about the digging of that well near the big pohakus?
Mr. Kalani: the only thing I remember, we dug until we found the water.

Mr. Hewitt: Who dug?
Mr. Kalani: Myself, Kaniala and Kali.

Mr. Hewitt: Where is Kaniala?
Mr. Kalani: Both of them are dead.

Mr. Hewitt: For whom did you dig that well?
Kalani: Cornwell.

Mr. Hewitt: Under what instructions?
Mr. Kalani: Cornwell gave us instructions.

Mr. Hewitt:  What were they?
Mr. Kalani: He gave us instructions to dig the well for the cattle.

Mr. Hewitt: Did he tell you where to dig it?
Mr. Kalani: Yes. We dig the well on a different place, when Cornwell came down and he told us to dig it on his own place.

Mr. Hewitt: Why was it not satisfactory where you first dug it?
[page 479]
Mr. Kalani: He did not want to have the well dug on Ukumehame side.

Mr. Hewitt: So you moved over toward Waikapu?
Mr. Kalani: Yes.

Mr. Hewitt: How much more toward Waikapu did you move then when you dug it the second time?
Mr. Kalani: About 2 feet.

Mr. Hewitt: Moved over toward the Waikapu side?
Mr. Kalani: The well was moved to Waikapu side.

Mr. Hewitt: Will you indicate in the room somewhere in the building, about how far you moved?
Mr. Kalani: (demonstrates 2 feet).

Mr. Hewitt: that is all you moved over?
Mr. Kalani: Yes.

Mr. Hewitt: Moke, going over toward your house from the Cornwell house, going over toward Olowalu, do you know the section of the beach where the cliff goes up straight?
Mr. Kalani: Yes.

Mr. Hewitt: You know the name of that place?
Mr. Kalani: Yes.

Mr. Hewitt: What is it?
Mr. Kalani: Pali Hai.

Mr. Hewitt: What is the name of the place just under that on the Olowalu side?
Mr. Kalani: Kalama.

Mr. Hewitt: Is there any Spring over near Pali Ha`i?
Mr. Kalani: Yes.

Mr. Hewitt: What is the name of it?
Mr. Kalani: That is the name of that place, Pali Ha`i.

Mr. Hewitt: Do you know of any name for the Spring over there?
Mr. Kalani: I do not know the name of the Spring, but there is water from Pali Ha`i to Kalama.

Mr. Hewitt: Fresh water?
Mr. Kalani: Water could be drunk.

Mr. Hewitt: How far is that to Kalama?
Mr. Kalani: Quarter of a mile.

[page 480]
Mr. Hewitt: Is that place, or [are?] those springs ever known as Kapoli springs?
Mr. Kalani: Yes.

Mr. Hewitt: That is the spring near Pali Ha`i, are they known as Kapoli springs?
Mr. Kalani: Kapoli Spring is from the farther side, but on this side, there is a lot of water.

Mr. Hewitt: But when the old Hawaiians speak of Kapoli Spring, what did they mean?
Kalani: In the olden time, it is the place where people that were sick, they go there to recuperate.

Mr. Hewitt: What was as referred to when they spoke of Kapoli Spring?
Mr. Kalani: It means “bring to health."

Mr. Hewitt: what place did they mean when they say, Kapoli Spring?
Mr. Kalani: At the well that we dig, that is the place we call Kapoli. There is a wide space. That Kapoli was a wide space.

Commissioner: What does he mean by wide space, from here to the old church, or does he mean from here to down town?
Mr. Kalani: About the size of this room.

Mr. Hewitt: Moke, that place called "Pali Ha`i" has that Pali changed much since you were a boy?
Mr. Kalani: It has all fallen down.

Mr. Hewitt: How much has it changed since you were a boy?
Mr. Kalani: The sea hits it quite often, and the dirt loosen, the road is still there.

Mr. Hewitt: The same road that was there when you were a boy?
Mr. Kalani: Yes.

Mr. Hewitt: that is all.

Mr. Hewitt: When you dug that well at Kapoli, you did not finish it up?
Mr. Kalani: Because the water was running after, when it was low tide; so Cornwell told us to go there and dig it and bank it, on the makai side.

Mr. Hewitt: Did you bank it up with stones on the side?
[page 481]
Mr. Kalani: Yes.

Mr. Hewitt: Why did you bank it up with stones on the makai side?
Mr. Kalani: The sea gets in.

Mr. Hewitt: Now, did Mr. Baldwin ever ask you anything about Kapoli Springs?
Mr. Kalani: Yes.

Mr. Hewitt: What did you tell him about Kapoli Spring?
Mr. Kalani: I told him about the size of this room, that is Kapoli.

Commissioner: I wish you gentlemen to make a rough sketch where that house is and where the ocean comes in.

Moke Kalani on cross-examination

Mr. Merriam: Kalani, you knew, remember Henry Cornwell?
Mr. Kalani: Yes.

Mr. Merriam: Did you know his son, W.H. Cornwell?
Mr. Kalani: Yes.

Mr. Merriam: And did you know Jas. L. Cornwell?
Mr. Kalani: Yes.

Mr. Merriam: For whom had you worked in the Cornwell family?
Mr. Kalani: the elder Cornwell, Henry Cornwell.

Merriam: What was your work?
Mr. Kalani: Pulling sugar, carrying sugar.

Mr. Merriam: From what place to what place?
Mr. Kalani: From  Waikapu to Wailuku.

Mr. Merriam: You know the location of the old Cornwell house at the flat section on the shore of Maalaea Bay?
Mr. Kalani: Yes.

Mr. Merriam: What was that house built of?
Mr. Kalani: It is a sugar house.

Mr. Merriam: What material was it built of?
Mr. Kalani: Lumber, wooden.

Mr. Merriam: Was that house destroyed by fire?
Mr. Kalani: No, it was broken down.

Mr. Merriam: Is the new house on the same location as the old house? [page 482]
Mr. Kalani: there is no new house now.

Mr. Merriam: Ask him, if he recognizes the flat land, the Olowalu side of Maalaea Bay, where the present Cornwell house is (showing witness Applicants' Exhibit D); the house in which Jas. Cornwell now lives?
Mr. Kalani: Yes.

Mr. Merriam: Is that the same location that the first house that was built in early days, was built on?
Mr. Kalani: Yes.

Mr. Merriam: Who lived in that house, the first house?
Mr. Kalani: Well, the first house that was there, it was the, sugar house. There was no other house built on that place. The house that is built is on the other side.

Mr. Merriam: On the other side of what?
Mr. Kalani: On the Lahaina side.

Mr. Merriam: So that the present house, that Jas. L. Cornwell lives in is on the Lahaina side of this location?
Mr. Kalani: Yes.

Mr. Merriam: On the flat land?
Mr. Kalani: Yes.

Mr. Merriam: Near the sea?
Mr. Kalani: Yes.

Merriam: Makai of the Government road?
Mr. Kalani: Yes.

Mr. Merriam: Do you know who built the present house that Jas. L Cornwell lives in?
Mr. Kalani: Cornwell.

Merriam: Did he build it for his own use?
Mr. Kalani: Yes.

Merriam: Who lived in the same house with him as his wife?
Mr. Kalani: Kapu.

Mr. Merriam: This flat land on the Lahaina side of Maalaea bay, where the Cornwell house stands, is known under what name of land?
Mr. Kalani: Maalaea is the general name of the whole place.

Mr. Merriam: Is there any local name?
Mr. Kalani: No, known as Maalaea.

[page 483]
Mr. Merriam: The present Cornwell house is situated and located on whose land; does he know?
Mr. Kalani: Before the lands belong to him, now, I think it belongs to the Government.

Mr. Merriam: Do you know the location of the boundary line between the land of Waikapu and Ukumehame, makai of the Government road?
Mr. Kalani: Yes.

Mr. Merriam: Where is that boundary line; below the Government road?
Mr. Kalani: Right at the Spring that we dug is a cliff, rock; Waikapu is separated and Ukumehame is separated.

Mr. Merriam: How do you know that?
Mr. Kalani: Because Cornwell came down and told us not to dig the well on that place, because it belongs to Ukumehame.

Mr. Merriam: When you dug this well for Mr. Cornwell for the spring water, you dug a hole how wide and how deep?
Mr. Kalani: 6 feet deep and 4 feet wide.

Mr. Merriam: When did you dig this well, what year, or about what time?
Mr. Kalani: That is the thing I do not remember.

Mr. Merriam: Which Cornwell gave you orders to dig the well?
Mr. Kalani: Father.

Mr. Merriam: Henry?
Mr. Kalani: Yes.

Mr. Merriam: You spoke of Pali Ha`i section being about the same condition as it was when you were a boy, and said that the road is still there?
Mr. Kalani: It is a mark going up, that is the only thing left.

Mr. Merriam: He means that the road of his childhood days, is the old trail of to-day?
Mr. Kalani: Yes.

Mr. Merriam: And not the present Government road?
Mr. Kalani: No.

Mr. Merriam: "You made a statement that Kapoli was a wide space, [page 484] What did you mean by "Kapoli" when you said "Kapoli was a wide space"?    _.
Mr. Kalani: In the olden time, they call that place "Kapoli” a big space.

Mr. Merriam: You then indicate that Kapoli was a wide space?
Mr. Kalani: Yes.

Mr. Merriam: And mean by that, that it is a name given to a land area there?
Mr. Kalani: Yes.

Mr. Merriam: How many acres do you think there would be in the land called "Kapoli"?
Mr. Kalani: I think: it is over 2 acres.

Mr. Merriam: I think that is all.

Moke Kalani on re-direct examination

Mr. Hewitt: (showing witness a sketch) This little sketch drawn by Mr. Newton, represents here the road to Wailuku and this way to Lahaina; and this represents the Cornwell present house; where is your house located?
Mr. Kalani: My house is at Kalama.

Mr. Hewitt: Which way did you mean toward Wailuku or Lahaina?
Mr. Kalani: Toward Lahaina.

Mr. Hewitt: Where is the approximate location of Kapoli on this?
Mr. Kalani: It is not so close to the house, it is further over from the house.

Mr. Hewitt: Tell him this is the beach.
Mr. Kalani: (Points out X on the sketch) a big rock is just below. (rocks marked a,b,c).

Commissioner: He said that Kapoli was a piece of land approximately 2 acres; tell him to put a line on this side of the land and line on the other side as it runs on the coast; the land he knew as "Kapoli".

Mr. Kalani: There is a house, Haleole house.

Commissioner: Near the wharf?
Mr. Kalani: Not very close to the wharf. (Draws diagram from Haleole house passing the Cornwell house).

Mr. Merriam: What is that known by?
[page 485]
Mr. Kalani: I think that is 2 acres.

Mr. Merriam: And known by what name?
Mr. Kalani: Known as Kapoli.

Mr. Hewitt: Offer this sketch in evidence.

Moke Kalani on re-cross examination

Mr. Merriam: In your statement regarding the boundary below the Government road, you said it reached a cliff or rock; how high above sea level was that cliff or rock?
Mr. Kalani: Not very high.

Mr. Merriam: How many feet?
Mr. Kalani: Over three feet, about as high this table.

Mr. Merriam: Was the cliff or rock makai or mauka of that old trail of your boyhood days?
Mr. Kalani: At makai, lower.

Recess of ten minutes.

Mrs. Piimoku called and sworn.

John Ferreira as Hawaiian Interpreter.

Mr. Hewitt: Your name, please?
Mrs. Piimoku: Piimoku.

Mr. Hewitt: How old are you?
Mrs. Piimoku: 73.

Mr. Hewitt: Where were you born?
Mrs. Piimoku: Lahaina.

Mr. Hewitt: How long did you live there?
Mrs. Piimoku: I think I was about 15 years.

Mr. Hewitt: And then where did you go?
Mrs. Piimoku: Came to Waikapu.

Mr. Hewitt: Have you lived at Waikapu ever since?
Mrs. Piimoku: I lived in Wakapu [sic], married, had children and grandchildren.

Mr. Hewitt: You are almost a kamaaina?
Mrs. Piimoku: I am a kamaaina at this time.

Mr. Hewitt: Do you know where Kapoli Spring is?
Mrs. Piimoku: It is where it is until now.

Mr. Hewitt: Where is that?
[page 486]
Mrs. Piimoku: At Maalaea.
Mr. Hewitt: Where in relation to the Cornwell beach house?

Mrs. Piimoku: Cornwell house is quite a distance, this spring is near the rocks.
Mr. Hewitt: How many?

Mrs. Piimoku:  Lot of aa there, stones there.

Mr. Hewitt: Are there any unusually  large stones there?
Mrs. Piimoku: That is where they leave the naval of children; in those rocks.

Mr. Hewitt: How many of those big rocks?
Mrs. Piimoku: Two.

Mr. Hewitt: And what did they use to do with those rocks?
Mrs. Piimoku: I do not know. The people, older people say
to put the navel there and the children go and come back to the parents.

Mr. Hewitt: They us used two of those rocks for that?
Mrs. Piimoku: There is only one stone they reserve for that, makai of the spring, there is a flat rock there.

Mr. Hewitt: Making how many large stones?
Mrs. Piimoku: Two.

Mr. Hewitt: Are there any smaller rocks?
Mrs. Piimoku: Lot of them; it is a point.

Mr. Hewitt: Where in relation to these rocks is Kapoli spring?
Mrs. Piimoku: Rocks are makai and Kapoli is mauka side, only a little spot; when Cornwell raised cattle and dug it up, dug it up for place for the cattle to drink.

Mr. Hewitt: Right near the spring?
Mrs. Piimoku: Yes.

Mr. Hewitt: Is that the only spring known by the Hawaiians as "Kapoli Spring"?
Mrs. Piimoku: Yes.

Mr. Hewitt: Do you know, Piimoku, that place where the cliff goes up straight on the Lahaina aide of Kapoli?
Mrs. Piimoku: Pali Ha`i.

Hewitt: Where does Pali Ha`i i begin as you go from the Cornwell house toward. Lahaina?
Mrs. Piimoku: It commences from Pohaku Puupuu, goes to Pali [page 487] Ha`i, and then to Waiku`i.

Mr. Hewitt: What is this Pohaku puupuu?
Mrs. Piimoku: Stones lumpy, here and there.
Mr. Hewitt: How big are those lumps of stones?
Mrs. Piimoku: Just like my fingers.

Mr. Hewitt: How big is the whole lump?
Mrs. Piimoku: this big rock between  those rocks, are the small ones, like marble.

Mr. Hewitt: Where is Pohaku puupuu in regard to the big Pali?
Mrs. Piimoku: right close.

Mr. Hewitt: How close is it to Pali Ha`i?
Mrs. Piimoku: About a space, there is a road, ally, leading between these rocks going to the beach.

Mr. Hewitt: Between Pali Ha`i and  Puupuu?
Mrs. Piimoku: Yes, there is a road for people to go to fishing.

Mr. Hewitt: On the beach?
Mrs. Piimoku: Yes.

Mr. Hewitt: How long has Pohaku puupuu been in that location?
Mrs. Piimoku: I am old now; has been there all that time.

Mr. Hewitt: Has it been there ever since you can remember?
Mrs. Piimoku: It has been there all the time until now.

Mr. Hewitt: You say that Pali Ha`i extends over to Waiku`i?
Mrs. Piimoku: Waiku`i is above Cornwell's house.

Mr. Hewitt: Which way?
Mrs. Piimoku: Waikapu side.

Mr. Hewitt: What is there?
Mrs. Piimoku: The water of Waiku`i.

Mr. Hewitt: You said awhile ago, that Pali Ha`i runs from Pohaku puupuu to Waiku`i?
Mrs. Piimoku: Yes.

Mr. Hewitt: In what direction are you going from Cornwell's house when you go from Pali Ha`i to Waiku`i?
Mrs. Piimoku: On the Ukumehame side, going this way.

Mr. Hewitt: So Waiku`i is on the Ukumehame side of the Cornwell beach house?
Mrs. Piimoku: That is what I think.

Mr.Hewitt: What is there at Waiku`i?
[page 488]
Mrs. Piimoku: There is a little well, where the people go and drink, Hawaiians use [used]  to go and drink.

Mr. Hewitt: Was there as much water there as Kapoli?
Mrs. Piimoku: No, Kapoli has more water.

Mr. Hewitt: Do you know of any other spring in that vicinity besides Waiku`i and Kapoli?
Mrs. Piimoku: Right above Kapoli, when they blasted rock for the road, they found water.

Mr. Hewitt: I mean in the olden days?

Mrs. Piimoku: No, no other but the two.

Mr. Hewitt: Has there been much change in, that coast in Pali Ha`i i since you were a child?
Mrs. Piimoku: No, just the same. When it is very high tide, hits on the rock and dirt goes off.

Mr. Hewitt: How much change has taken place in the Pali, how much has it gone back, since you were a child.
Mrs. Piimoku: I think it is only one foot.

Mr. Hewitt: That is all.

Mr. Merriam: No cross-examination.

Mr. Hewitt: That concludes contestants' case.
Commissioner: Contestants rest.

Recess.

Joseph Cockett called and sworn

Mr. Merriam: Your name is what?
Mr. Cockett: Joseph Cockett.

Mr. Merriam: Where do you reside?
Mr. Cockett: Waikapu.

Mr. Merriam: For how long have you resided there?
Mr. Cockett: My birthplace.

Mr. Merriam: Are you acquainted with Kamaka Kailianu?
Mr. Cockett: Yes air, I know him well.

Mr. Merriam: Did you go with Mr. Baldwin to see Mr. Kamaka Kailianu at Waikapu?
Mr. Cockett: Yes sir.

Mr. Merriam: Did Mr. Baldwin ask Kamaka Kailianu what he knew of the boundary line between the two lands of [page 489] Ukumehame and Waikapu at the beach makai of the Government road?
Mr. Cockett: I do not know.

Mr. Merriam: Did Mr. Baldwin ask Kamaka Kailianu what he knew of the boundary line between the two lands of Ukumehame and Waikapu?
Mr. Cockett: Yes.

Mr. Merriam: What did Kamaka Kailianu say?
Mr. Cockett: He says up the road on X, the boundary, and he stated that was flat stone marked X; that is I never know. Mr. Baldwin said he found it out.

Mr. Merriam: What did he say about his knowledge of the boundary line between Ukumehame and Waikapu?
Mr. Cockett: He stated he did not know.

Mr. Merriam: He didn't know anything about that section of the boundary line?
Mr. Cockett: He stated he did not know.

Mr. Hewitt: Did Mt. Baldwin ask Kailianu where Kapoli spring was?
Mr. Cockett: Yes.

Mr. Hewitt: He told Mr. Baldwin?
Mr. Cockett: Yes, and he said he knows the spring water.

Mr. Hewitt: What did Mr. Baldwin say when the conversation was finished?
Mr. Cockett: Nothing.

Mr. Hewitt: He did not say it was a hard case?
Mr. Cockett: He said he could not find out the regular kamaaina.

Mr. Hewitt: Did he make a remark "hard case"?
Mr. Cockett: I did not hear that.

Mr. Merriam: That closes our case.

Argument by counsel.
[page 490]
Commissioner: In the Matter of the Settlement of the Boundaries of Kapoino, on appeal from the Boundary Commissioner to our Supreme Court, (Volume 8, page 2), the Court says:

"Testimony of persons familiar with the boundaries of lands in this Kingdom is becoming more and more difficult to obtain as the old Hawaiians die off; and appeals from Boundary Com missioners present questions of fact difficult to settle."

Thirty eight (38) years later the undersigned, as Commissioner, is much impressed with the correctness of this statement.

The Commissioner accepted the opportunity of inspecting the several localities said to play a part in marking the boundary line between Waikapu and Ukumehame; among others the wind-ridden spot referred to in the testimony as "Ridge Point A", where even a metal weather-cock would be warranted in striking because of long hours. On “Ridge Point A" we found several piles of stone. Perhaps, more correctly speaking these should be referred to as having formerly been piles of stone; Down through the years, as Surveyors have had occasion to visit this ridge, each has made an 'honest guess' as to which pile of stones really represented the true ridge point in the Alexander survey.
From the evidence, oral and documentary, aided very much by a personal: view of the premises, the Commissioner feels quite satisfied, and finds, that the particular point on the ridge, as claimed by Petitioners, and as determined by M. Erdmann D. Baldwin, to be the true crown top point is approximately correct. It is on the ridge. It appears to be the highest point. It is a station from which other points, both above and below, are clearly visible.

[page 491]
Decision
Upon the evidence adduced; proceedings had, and information derived from a personal inspection of the several points involved, the Commissioner decides that the true, lawful and equitable boundaries of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, are as claimed by the Applicants, to-wit:

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 55' 16,300 feet from a granite post, marking the southeast corner of the Ahupuaa of Wailuku, and running by true azimuths:

1. 115° 55' 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the co-ordinates of said Pohakoi rock, referred to Luke Trig. Station, (of the U. S. Coast and Geodetic Survey), are 4438.90 feet south and 3092.05 feet west;
2. 106° 151 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge, to stone post, on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up on the top of this ridge, to a point on the main Iao Valley ridge. The direct azimuth and distance being 83° 30' 3480.0 feet;
5. Thence along Wailuku, along up the center of the ridge, following the watershed, to the top of the ridge, forming the head of Ukumehame Valley; the direct azimuth and distance being 67° 00' 12,460.0 feet.
6.  Thence along Ukumehame, along the top of the ridge, along Ukumehame Valley, to the top of the ridge, forming the southeast head of Ukumehame valley; the direct azimuth and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the top of the ridge following the water shed, to the Forest Reserve monument, on top of Puu Anu Hill, the direct azimuth and distance being 325° 50' 5095.0 feet; [page 492]
8. Thence along Ukumehame, along down the top of the ridge, along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3676.0 feet;
9.  hence along Ukumehame, along down the ridge along the south side of Pohakea Gulch, to a 1 1/4 inch galv. pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02+ 30" 6891.0 feet;
10.  258° 37' 30" 4216.8 feet, along Ukumehame, to a cross on large rock. The cross on large rock is located 85 feet mauka from the present Government Road, and bears from Puu Hole Trig. Station, by azimuth and distance 144° 15' 1238.2 feet;
11. 14° 45' 9563.4 feet, along Ukumehame, passing over three one inch pipes, set in concrete monuments, one at 8925.0 feet, located on the north side of the road to Lahaina, the second at 9308.2 feet, and the third at 9444.6 feet. The azimuth 14° 45', is used on this line, as established by S.M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
12. Thence down the pali to the Sea-coast, on azimuth 296° 20' 147.0 feet
13. Thence along the sea, to a point, about 75 feet south of the old Maalaea Wharf, said point being azimuth and distance 338° 27' 135.0 feet' from a one inch pipe in concrete monument, located on the mauka side of the Government Road, near the bend of said road. The direct azimuth and distance from end of course 12, being 226° 57' 1412.4 feet;
14. Thence along the sea, to the boundary of Pulehunui, - the direct azimuth and distance being 279° 21' 15,366.5 feet;
15. 180° 24' 3538.0 feet, along Pulehunui, to a stone marked thus [curving up arrow];
16. 170° 08' 9383.0 feet along Pulehunui191° 49' 4312.0 feet along Pulehunui, to a stone marked thus [curving up arrow], amongst a lot of stones;
17. 229° 45' 5147.0 feet along Pulehunui;
18. 228° 51' 1780.0 feet along Pulehunui to the point of beginning.
Containing an area of 15,690 Acres, (more or less).

D.H. Case, Commissioner of Boundaries, Second Judicial Circuit, Territory of Hawaii.
[page 493]

See Decision of Supreme Court in re Appeal of this case in 31 Haw. 31, 118, also this book for new certificate No. 230 on pages 529-532.

The Ahupuaa of Waikapu in the District of Wailuku, Island of Maui, Territory of Hawaii, Royal Patent (Grant) 3152, to Henry Cornwell

Before the Commissioner of Boundaries, Second Judicial Circuit,
Daniel H. Case, Esquire, Commissioner

In The Matter of The Boundaries of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii.

Certificate
As Commissioner of Boundaries for the Second Judicial Circuit, Territory of Hawaii, I hereby certify that the true lawful and equitable boundaries of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, are as follows

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 55' 16,300 feet from a granite post, marking the southeast corner of the Ahupuaa of Wailuku, and running by true azimuths:

[page 494]

1. 115° 55' 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the co-ordinates of said Pohakoi rock, referred to Luke Trig. Station, (of the U. S. Coast and Geodetic Survey), are 4438.90 feet south and 3092.05 feet west;
2. 106° 151 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge, to stone post, on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up on the top of this ridge, to a point on the main Iao Valley ridge. The direct azimuth and distance being 83° 30' 3480.0 feet;
5. Thence along Wailuku, along up the center of the ridge, following the watershed, to the top of the ridge, forming the head of Ukumehame Valley; the direct azimuth and distance being 67° 00' 12,460.0 feet.
6.  Thence along Ukumehame, along the top of the ridge, along Ukumehame Valley, to the top of the ridge, forming the southeast head of Ukumehame valley; the direct azimuth and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the top of the ridge following the water shed, to the Forest Reserve monument, on top of Puu Anu Hill, the direct azimuth and distance being 325° 50' 5095.0 feet; [page 492]
8. Thence along Ukumehame, along down the top of the ridge, along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3676.0 feet;
9.  hence along Ukumehame, along down the ridge along the south side of Pohakea Gulch, to a 1 1/4 inch gale. pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02+ 30" 6891.0 feet;
10.  258° 37' 30" 4216.8 feet, along Ukumehame, to a cross on large rock. The cross on large rock is located 85 feet mauka from the present Government Road, and bears from Puu Hole Trig. Station, by azimuth and distance 144° 15' 1238.2 feet; [page 495]
11. 14° 45' 9563.4 feet, along Ukumehame, passing over three one inch pipes, set in concrete monuments, one at 8925.0 feet, located on the north side of the road to Lahaina, the second at 9308.2 feet, and the third at 9444.6 feet. The azimuth 14° 45', is used on this line, as established by S.M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
12. Thence down the pali to the Sea-coast, on azimuth 296° 20' 147.0 feet
13. Thence along the sea, to a point, about 75 feet south of the old Maalaea Wharf, said point being azimuth and distance 338° 27' 135.0 feet' from a one inch pipe in concrete monument, located on the mauka side of the Government Road, near the bend of said road. The direct azimuth and distance from end of course 12, being 226° 57' 1412.4 feet;
14. Thence along the sea, to the boundary of Pulehunui, - the direct azimuth and distance being 279° 21' 15,366.5 feet;
15. 180° 24' 3538.0 feet, along Pulehunui, to a stone marked thus [curving up arrow];
16. 170° 08' 9383.0 feet along Pulehunui191° 49' 4312.0 feet along Pulehunui, to a stone marked thus [curving up arrow], amongst a lot of stones;
17. 229° 45' 5147.0 feet along Pulehunui;
18. 228° 51' 1780.0 feet along Pulehunui to the point of beginning.
Containing an area of 15,690 Acres, (more or less).

In Witness whereof, I have hereunto set my hand this 30th day of December 1927.
D.H. Case, Commissioner of Boundaries, Second Judicial Circuit, Territory of Hawaii.


Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, Maui, Volume 3, No. 2, pps. 529-532

[Margin note:] See this book page 493 for first Certificate No. 230 and Decision of Supreme Court on appeal by Territory in 31 Haw. 43, 118.

Before the Commissioner of Boundaries in and for the Second Judicial Circuit, Territory of Hawaii.

In the Matter of the Application of the Wailuku Sugar Company, and the Hawaiian Commercial & Sugar Company, for a Certificate of Boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui.

Commissioner: Daniel H. Case

Certificate of Boundaries No. 230 Certificate Boundaries in Conformity with the Decision of the Supreme Court of the Territory of Hawaii

In the above entitled proceeding for the settlement and a certificate of boundaries for the Ahupuaa of Waikapu, located in the District of Waikapu, Island of Maui, Territory of Hawaii, pursuant to the Decision of the Supreme Court made and entered in said cause on an appeal heretofore taken from the Decision of the Commissioner of Boundaries, Second Judicial Circuit, said Commissioner, in conformity with the Decree of the Supreme Court, finds the boundaries of said Waikapu to be as follows

[page 530]
That the true, lawful and equitable boundaries of the Ahupuaa of Waikapu, in the District of Waikapu, Island of Maui Territory of Hawaii, are as follows:

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being, by azimuth and distance, 115° 55' 16,300 feet from a granite post, marking the south-east corner of the Ahupuaa of Wailuku, and running by true azimuths:

1. 115° 55' 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the coordinates of which said Pohakoi rock, referred to Luke Trig. Station (of the U. S. Coast and Geodetic Survey), are 4438.80 feet South and 3092.05 feet west;
2. 106° 15' 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge to stone post, on the crest of ridge, known as Kalapaokailio
4. Thence along Wailuku, along the top of this ridge, to a point on the main Iao Valley Ridge, the direct azimuth and distance being 83° 30' 3480.0 feet;
5.  Thence along Wailuku, along the center of the ridge, following the watershed, to the top of the ridge forming the head of Ukumehame Valley; the direct azimuth and-distance being 67° 00' 12,460.0 feet;
6. Thence along Ukumehame, along the top of the ridge along Ukumehame Valley, to the top of the ridge forming the south-east head of Ukumehame Valley; the direct and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the crest of the ridge following the watershed, to the Forest Reserve monument, on top of Puu Anu Hill, the direct azimuth and distance being 325° 50' 5085.0 feet;
[page 531]
8. Thence along Ukumehame, along down the crest of the ridge, along the south side of Pohakea Gulch, to a 1-1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3676.0 feet;
9.  Thence along Ukumehame, along down the ridge along the south side of Pohakea Gulch, to a 1-1/4 inch gale. pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02' 30" 6891.0 feet;
10. 258° 3' 30" 4216.8 feet, along Ukumehame, to a cross on large rock. the cross on large rock is located 85 feet mauka from the present Government Road, and bears from Puu Hele Trig. Station, by azimuth and distance 144° 15' 1238.2 feet;
11. 14° 30' 9085.0 feet along the East boundary of the land of Ukumehame to high water mark at the seashore, being the point where a direct course from the cross on large rock mentioned in the preceding course, to Kapoli Spring, intersects the seashore at high water mark, and being also the southwest corner of the land of Waikapu;    the direct azimuth and distance from said point at the seashore (marking said southwest corner of the land of Waikapu) to an iron bolt at Kapoli spring, being 14° 30' 134.0 feet; said line from said point at the seashore to Kapoli Spring crossing and subtending below high water mark, a small indent or bay of the sea;
12. Thence along the sea to a point on the sea shore at high water mark about 75 feet south of the old Maalaea Wharf, said point being by direct azimuth and distance 338° 27' 135.0 feet from a 1 inch pipe in a concrete monument situate on the mauka side of the government road, near the bend of said road; and the direct azimuth and distance from the end of Course 11 to the said point on the seashore, about 75 feet south of the old Maalaea Wharf, being 246° 02' 1098.4 feet;
13. Thence along the sea to the boundary of Pulehunui, the direct azimuth and distance being 269° 21; 15,366.5 feet;
[page 532]
14. 180° 24' 3838.0 feet along Pulehunui, to a stone marked thus [curving up arrow];
15. 170° 08' 9383.0 feet along Pulehunui;
16. 191° 49' 4312.0 feet along Pulehunui, to a stone marked thus [up arrow to right], amongst a lot of stones;
17. 229° 45' 6147.0 feet along Pulehunui;
18. 228° 51' 1780.0 feet along Pulehunui to the point of beginning:
Containing an area of 15,684 Acres.

For earlier proceedings had in this matter refer to pages 491-494 of this Volume.
Dated at Wailuku, Maui, Territory of Hawaii, this 22nd day of March 1935.
D.H. Case, Commissioner of Boundaries, Second Judicial Circuit Territory of Hawaii.

[No. 230, Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, 15684 Acres, 1935]
Certification: 230
Ahupua`a: Waikapu
District: Wailuku
Island: Maui
Ownership: Wailuku Sugar Co. et al.
Misc:
Year: 1935
Statistics: 262169 characters 42491 words
Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, Maui, Volume 3, No. 1, pps. 87-97

Before the Commissioner of Boundaries in and for the Second Judicial Circuit, Territory of Hawaii.

In the Matter of the Application of the Wailuku Sugar Company, and the Hawaiian Commercial & Sugar Company, for a Certificate of Boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui, Territory of Hawaii

Commissioner: Daniel H. Case.

Under date of June 30th, 1925, the Wailuku Sugar Company, an Hawaiian Corporation, and the Hawaiian Commercial and Sugar Company, a California Corporation, filed their Petition alleging that they are the owners of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, and applied, on behalf of said Wailuku Sugar Company and Hawaiian Commercial and Sugar Company, for a decision and certificate of boundaries of said Ahupuaa of Waikapu, according to the provisions of Chapter 42 of the Revised Laws of Hawaii, 1925.

Applicants further allege that the Ahupuaa of Waikapu, in the District of Wailuku aforesaid, was awarded, by name only, "to Henry Cornwell by Royal Patent (Grant) 3152.”

[page 88]
Also alleging that the following in a description by true azimuths of the outside boundaries of said Ahupuaa of Waikapu; that the said Ahupuaa of Waikapu is joined on all sides, with the exception of one side, by lands owned by the said Petitioners, the Wailuku Sugar Company and Hawaiian Commercial and Sugar Company.

That the only land joining same, owned by others, is the Ahupuaa of Ukumehame, joining on the west side, and owned by the Territory of Hawaii.

That no inquiry or determination as to the boundaries of kuleanas, etc., located within, or partly within this Ahupuaa of Waikapu, is sought by this petition.

A map was also attached to and submitted with the application, showing the location, natural topographical features, prominent and other marks along boundary lines, and more particularly described as follows:

Description of the Ahupuaa of Waikapu, Located On The Island Of Maui

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 551 16,300 feet from a granite post marking the southeast corner of the Ahupuaa of Wailuku, and running by true azimuths:

1. 115° 55' 19,730.0 feet, along Wailuku to Pohakoi, marked rock, the coordinates of said Pohakoi rock, referred to Luke Trig. Station, (of the U. S. Coast and Geodetic Survey) are 4438.90 feet south and 3092.05 feet west;
2. 106° 15' 5,326.2 feet, Along Wailuku, up ridge;

[page 89]
3. 97° 30' 1,108.6 feet &long Wailuku, up ridge, to stone post on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up the center of the ridge, following the watershed, to the top of the ridge, forming the head of Ukumehame Valley;
5. Thence along Ukumehame, along the top of the ridge, along Ukumehame Valley to the top of the ridge, forming the southwest head of Waikapu Valley, and along the top of this ridge along Ukumehame Valley to the top of the ridge, forming the southeast head of Ukumehame Valley;
6. Thence along Ukumehame, along the top of the ridge forming the east side of Manaiwainui Valley, to a point on this ridge;
7. 314° 32' 3,570.0 feet, along Ukumehame;
8. 276° 51' 6,540.0 feet along Ukumehame;
9. 259° 40' 3,967.0 feet along Ukumehame, to a cross on large rock. The cross on large rock is located 85 feet mauka from the Present Government Road, and bears from Puu Hele Trig. Station by azimuth and distance 144° 15' 1238.2 feet;
10. 14° 45' 9,563.4 feet, along Ukumehame, Passing over three one inch pipes, set in concrete monuments, one at 8925.0 feet, located on the north side of the road to Lahaina, the second at 9308.2 feet, and the third at 9444.6 feet.

The azimuth 14° 45' is used on this line, as established by S. M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
11. Thence down to the sea and along the sea to the boundary of Pulehunui;
12. 180° 24' 3,538.0 feet, along Pulehunui, to a stone marked thus [right arrow curving up];
13. 17° 08' 9,383.0 feet. along Pulehunui;
14. 191° 49, 4,312.0 feet, along Pulehunui, to a stone marked thus [right arrow curving up], amongst a lot of stones;
15. 229° 45: 5,147.0 feet, along Pulehunui;
16. 228° 51' 1,780.0 feet, along Pulehunui, to the point of beginning.
Containing an area of 15,374 acres, more or less)

[page 90]
Under date of February 4th, 1926, the Applicants filed an amended petition alleging that they are the owners of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, and applied, on behalf of said Wailuku Sugar Company and Hawaiian Commercial and Sugar Company, for a decision and certificate of boundaries of said Ahupuaa of Waikapu, according to the provisions of Chapter 42 of the Revised Laws of Hawaii, 1925.

In this amended petition the applicants state that the Ahupuaa of Waikapu, in the District of Wailuku aforesaid, was awarded, by name only, to Henry Cornwell, by Royal Patent (Grant) 3152.

The applicants, in their amended petition, stating that the following is the description by true azimuths, of the outside boundaries of said Ahupuaa of Waikapu; and that the said Ahupuaa of Waikapu is joined on all sides, with the exception of one side, by lands owned by said petitioners   the Wailuku Sugar Company and Hawaiian Commercial and Sugar Company;

That the only land adjoining same, owned by others, is the Ahupuaa of Ukumehame joining on the west sides and owned by the Territory of Hawaii.

That no inquiry or determination as to the boundaries of kuleanas, etc., located within or partly within the Ahupuaa of Waikapu, is sought by this petition,

[page 91]
An amended map was attached to and submitted with this amended Petition. Showing the location, natural topographical features, prominent and other marks along the boundary lines, and more particularly described as follows:

Amended Description of the Ahupuaa of Waikapu, Located in the District of Wailuku, Island of Maui.

Beginning at the northeast corner of this land at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 551 16,300 feet from a granite Posts marked the southeast corner of the Ahupuaa of Wailuku. and running by true azimuths:

1. 115° 55, 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the coordinates of said Pohakoi rock, referred to Luke Trig. Station (of the U. S. Coast and Geodetic Survey), are 4438.90 feet South and 3092.05 feet West;
2. 106° 15' 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge, to stone post, on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up on the top of this ridge, to a point on the main Iao Valley ridges, The direct azimuth and distance being 83° 30' 3,480.0 feet;
5. Thence along Wailuku, along up the center of the ridges following the watershed, to the top of the ridge, forming the head of Ukumehame Valley; the direct azimuth and distance being 67° 00' 12,460.0 feet;
6, Thence along Ukumehame, along the top of the ridges along Ukumehame Valley, to the top of the ridge, forming the Southeast head of Ukumehame Valley; the direct azimuth and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the top of the ridge [page 92] following the water shed, to the Forest Reserve monument, on top of Puu anu hill, the direct azimuth and distance being 326° 50' 0.095.0 feet;
8. Thence along Ukumehame, along down the top of the ridge, along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3,676.0 feet;
9. Thence along Ukumeheme, along down the ridge along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02' 30” 6,891.0 feet;
10. 258° 37' 30" 4,216.8 feet, along Ukumehame, to a cross on large rock. The cross on large rock, is located 85 feet mauka from the present Government Road, and bears from Puu Hele Trig. Station, by azimuth and distance 144° 15' 1,238.2 feet;
11. 14° 45' 9,563.4 feet, along Ukumehame, passing over three one inch pipes, set in concrete monuments, one at 8,925.0 feet, located on the north side of the road to Lahaina, the second at 9,308.2 feet, and the third at 9,444.6 feet; The azimuth 14° 45' is used on this line, as established by S. M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
12. Thence down the Pali to the sea coast, on azimuth 296° 20' 147.0 feet;
13. Thence along the sea, to a point, about 75 feet south of the old Maalaea Wharf, said point being azimuth and distance 338° 27' 135.0 feet, from a one inch pipe in concrete monument, located on the mauka side of the Government Road, near the bond of said road; the direct at azimuth and distance from end of course 12, being 226° 57; 1412.4 feet;
14. Thence along the sea, to the boundary of Pulehunui, the direct azimuth and distance being 279° 21' 15,368.5 feet;
[page 93]
15. 180° 24' 3,538.0 feet. along Pulehunui, to a stone marked thus [right arrow curving up]
16. 170° 08' 9,383.0 feet along Pulehunui;
17. 191° 49' 4,312.0 1 feet along Pulehunui, to a stone marked thus [right arrow curving up] , amongst a lot of stones;
18. 229° 45' 5,147.0 feet along Pulehunui;
19. 228° 51' 1,780.0 feet along Pulehunui to the point of beginning.
Containing an area of 15,690 Acres, (more or less).

Hearing on the above application was set, before the undersigned, as Commissioner of Boundaries for the Second Judicial Circuit, at Wailuku, Maui, Territory of Hawaii, on Tuesday, the 7th day of September, 1926, at 10:00 o'clock a.m., of said day.

Notices of hearing, specifying the time and place thereof, were published as follows:

In the 'Maui News', a newspaper published in the English language, In Wailuku, Maui, Territory of Hawaii, publication of said notice in said paper being under dates of August 18th 1926, August 25th, 1926, and September 1st, 1926; and

In the 'Nupepa Kuakoa', a weekly newspaper published in the Hawaiian Language, in Honolulu, City and County of Honolulu, Territory of Hawaii, publications of said notice in said paper being under dates of August 19th, 1926, August 26th, 1926, and September 2nd, 1926.

[page 94]
Written or printed notices of said hearing, specifying the time and place thereof, and signed by the Commissioner, were sent, by registered mail, long before the date set for hearing said application, to the Petitioners, (Wailuku Sugar Company and the Hawaiian Commercial and Sugar Company), and Mr. Charles T. Bailey, Commissioner of Public Lands, Honolulu, Territory of Hawaii.

(Note by Commissioner: In re settlement and certificate of boundaries for a portion of the Ahupuaa of Waiehu; in re settlement and certificate of boundaries of the Ili of Kalua; and in re settlement and certificate of boundaries of Waikapu; these applications were present to the Commissioner on the same day.)

Present: Daniel H. Case, Commissioner of Boundaries; H. B. Penhallow, Manager, Wailuku Sugar Company Wailuku, Maui; E. D. Baldwin, Surveyor, Wailuku. Maui; J. H. Foss, Civil Engineer, Hamakuapoko, Maui; A. Garcia, Sub Agent, 4th Land District, Wailuku, Maui; Mrs. Sarah Kahalehu [Kahaleku]; Huakini Enos; and John V. Cockett, as Hawaii an Interpreter; Mrs. Edith L. Sinclair acted as stenographer for the Commissioner of Boundaries.

At the time and place set for hearing said application on its merits, to wit, Tuesday, September 7th 1926, at 10:00 o'clock a.m., in the Circuit Court Room of the Circuit Court of the Second Judicial Circuit, Wailuku, Maui, Territory of Hawaii, the following proceedings were had:

[page 95]
Commissioner: There is no one to call other than the applicant, is there?
Mr. Penhallow: Not unless there is come one to object.

Mr. Garcia: The Territory wants to enter an objection, and asks for a continuance for thirty (30) days.

The Commissioner: Have you any objection?
Mr. Penhallow: Thirty days is satisfactory.

Commissioner: Is the Hawaiian Commercial and Sugar Company represented?
Mr. Foss: They have no objection to a continuance.

Commissioner: On behalf of the Territory, Mr. Garcia, what is your authority?
Mr. Garcia: A letter from the Commissioner of Public Lands, and I am Sub land Agent.

Commissioner: Would you submit a copy of the letter – or the letter?
Mr. Garcia: Very well.

(The following is a copy of the letter referred to.)
Honolulu, T. H. September 4, 1926. Mr. Antonino Garcia, Sub Agent, 4th Land District, Wailuku, Maui.

Dear Sir: The Wailuku Sugar Company has made application to the Boundary Commissioner of Maui, Judge D. H. Case, for settlement of boundaries of the following lands:

(1) Ili of Kalua in the Ahupuaa of Wailuku,
(2) Portion of the Ahupuaa of Ahikuli and Pohakunui and Ili of Kuunahawelu, a lele of the ili of Ahikuli,
(3) Ahupuaa of Waikapu.

The descriptions submitted to the boundary commissioner by the applicant purporting to be the true boundaries of the lands named above, have been checked by the Survey office, and have been found correct with the exception of that of the Ahupuaa of Waikapu, the last named above.

[page 96]
The hearing by the Boundary Commissioner will be held at 10:00 o'clock a.m., Tuesday, September 6th, in Judge Case's Court Room, in Wailuku, and we ask that you appear at this hearing, and on behalf of the Government, to agree to the boundaries as submitted, of the lands named in the first two items above, but as to the boundaries of the third item, Ahupuaa of Waikapu, you will please enter an objection, and ask the Boundary Commissioner that an extension of thirty days be entered in this case. This extension is required to permit the Government to complete the title study that is being made in this case.

Mr. Merriam, of C. Brewer and Company, informs us that he is writing Mr. Penhallow, who will be at the hearing, representing the Wailuku Sugar Company, that this request is to be made by you on the part of the Territory, and that he will enter no objection to the request.

Please be sure to be at this hearing, and carry out the instructions herein contained.
Very truly yours, Office of the Commissioner of Pub. Lands,
by (Signed) A. A. Dunn, Chief Clerk, Sub Agent 5th Land District.”

Commissioner: The request of the Territory may be entered   the applicants not opposing the request   and the application of the Wailuku Sugar Company and the Hawaiian Commercial and Sugar Company for a certificate of boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui, Territory of Hawaii, will be continued until Tuesday, October 12th, 1926, at 10:00 a.m., in these Chambers.

October 11th, 1926.

On October 11th, 1926. Mr. A. Garcia, Sub Agent, 4th Land District of Wailuku, Maui, appeared and asked for a continuance of the above matter on behalf Of the Territory, and presented the following letter:

"Mr. A. Garcia, Sub Agent, 4th Land District, Wailuku, Maui.
Dear Sir: You will recall that the hearing before the Boundary Commissioner in the matter of the boundaries of the Ahupuaa of Waikapu was postponed to October 12th, 1926. it appears advisable to ask for a further continuance of this hearing in order to secure additional data, and [page 97] you will please appear before the Boundary Commissioner on the above date and ask for a continuance to November 30, 1926.

We have discussed the matter with Mr. Merriam, of Brewer & Co., who is agreeable to this continuance and I believe has written Mr. Penhallow to appear and agree to continuance to above date.

I suggest that you get in touch with Mr. Penhallow before October 12th, 80 that there will be no misunderstanding in the matter.
Very truly yours, (Signed)
C.T. Bailey, Commissioner of Public Lands.”

There being no objection to the continuance the hearing was continued to November 30th, 1926.

November 27th, 1926.

On November 27th, 1926, Mr. A. Garcia, Sub Agent, 4th Land District, of Wailuku, Maui, appeared before the Commissioner of Boundaries, and asked for a continuance of the above matter on behalf of the Territory, and presented the following letter:

“Honolulu, November 26th, 1926. Mr. A. Garcia, Sub Agent, 4th Land District, Wailuku, Maui. Dear Sir:
The hearing before the Boundary Commissioner in the matter of the Boundaries in the Ahupuaa of Waikapu is set for Monday, November 30th.

The Deputy Attorney General, who was to appear for the Territory at this hearing is ill, and you will please appear before the Boundary Commissioner on the date set for hearing and ask for a continuance to January 11th 1927.
Very truly yours,
(Signed)  C.T. Bailey. Commissioner of Public Land.”

There being no objection to the continuance the hearing was continued to January 11th, 1927, (Tuesday.)
(This case continued on page 358 of Boundary Commissioner's Record.)


Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, Maui, Volume 3, No. 2, pps. 358-495

Note this case continued from page 97 of Boundary Commissioner's Record.

Before the Commissioner of Boundaries in and for the Second Judicial Circuit, Territory of Hawaii

In the Matter of the Application of the Wailuku Sugar Company, and the Hawaiian Commercial & Sugar Company for a Certificate of Boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui.

Commissioner: Daniel H. Case.

Continued from Page ninety (97) seven. Hearing on above was set for January 11th, 1927; and from that date was continued without day; later was set for February 15th, 1927; continued to April 19th, 1927; continued from the latter date to June 21st, 1927, and then again to July 8th, 1927.

On Friday, the 8th day of July 1927, the Commissioner proceeded with the hearing, (upon. its merits), of the application for the Settlement and Certification of the Boundaries of the Ahupuaa of Waikapu. At this time the following persons were present: Daniel H. Case, Commissioner; H. B. Penhallow, Manager, of Wailuku Sugar Company; J. H. Foss, Surveyor, representing the Hawaiian Commercial and Sugar Company; Chas. H. Merriam, representing the Wailuku Sugar Company and Hawaiian Commercial and Sugar Company at this hearing; Harry R. Hewitt, Deputy [page 359] Attorney General, for the Territory of Hawaii; Herbert E. Newton, Chief Assistant Surveyor, of the Territorial Survey Department; Francis Kanahele, with the Territorial Survey Department; Erdmann D. Baldwin, Surveyor; Mrs. Edith L. Sinclair, Stenographer, and John Ferreira, as Hawaiian Interpreter.

Later in the hearing - portion of July 11th, 1927, and all of July 12th, 1927, (pages 438 to 489, both inclusive, of Boundary Commissioners Record), Mrs. Iwa Betts acted as Stenographer.
Proceedings were then had, the oral testimony of witnesses taken, and numerous exhibits offered in evidence by the Applicants, and the Territory of Hawaii, contestant, as follows:

[page 360]
Mr. Merriam: The first statement that we would like to make, which I take it the Representative of the Government will agree to, is that the land in question is owned in part by the Hawaiian Commercial and Sugar Company and Wailuku Sugar Company. We have here the exchange deed, which covers the land in question, and which I can file if you wish.

The Commissioner: If it is admitted it is all sufficient.
Mr. Hewitt: We raise no question as to title.

Mr. Merriam: We would then state that we are prepared to prove that the Applicants are in possession of all of the land that this application covers; the map here is part of the application - as called for by law; we now state we would like to use the blue print of this tracing for the purpose of this hearing.

Commissioner: Any objection, Mr. Hewitt?    .
Mr. Hewitt: No objection.

Commissioner: The Territory raises no objection to the blue print being used.
Mr. Merriam:    Perhaps it would clarify matters if a general statement was made as to the manner in which it comes up. first the land - called the Ahupuaa of Waikapu - was claimed by the government in the early days, although this land was not listed as government land in the great division made by Kamehameha III by Act of June 7th, 1848, it was not classed as government land, it is in the category of unassigned land, which is always claimed by the Government. The Ahupuaa of Waikapu was, in early days, according to records, an unassigned government land; then, under date of November 18th, 1875, Royal Grant No. 3152 was issued by the Government to Henry Cornwell; this Grant carries for a description of the land a reference to the name of the land only, there are no metes and bounds showing just where the land [page 362] is; in other words, the proof of where this land is would rest with kamaaina evidence, if there had been no boundary certificates issued on the adjoining lands. There have, however, been boundary certificates issued on all the adjoining lands, except the Lahaina border by the ocean, which is a natural monument and possible of reproduction at any time. This land came down by various ways, but no accurate survey has been made prior to our application for the settlement of the boundaries. As stated before - all the boundary lines of the adjoining lands have heretofore been settled by boundary certificates issued.

Commissioner: Where is this land on the map?
Mr. Merriam: This is representing the land - this is on the North, the land of Wailuku - portion of the land of Waikapu and of Wailuku. On March 2nd, 1871, there was issued Maui Boundary Certificate No. 1, thereby determining the boundary line from the point at the corner of the land Pulehunui to the land of Ukumehame - that settled that boundary line permanently and for ever. Second - The land bounding Waikapu on the East Pulehunui was settled by certificate issued May 3rd, 1879, being Maui No. 47, thereby settling that down to the ocean side for all time. Third - The land bounding Waikapu, partly on the South and partly on the West, being the land of Ukumehame, was settled by Boundary Certificate No. 68, issued April 11th, 1883. That leaves in an unsettled condition the line or extreme southerly boundary of the land of Waikapu only. The sea coast [...]

Commissioner: What sea coast?
Mr. Merriam: Down Maalaea Bay to a point way over. Perhaps Mr. Foss will point it out.

Mr. Baldwin: This side of Kihei Landing some where coming down to over here.

Commissioner: Roughly speaking from Kihei to Maalaea Bay?
Mr. Foss: Yes.
[page 362]
Mr. Merriam:    We contend that that boundary line has not been settled by a certificate - except that it was a settlement by name. This line here carries to the ocean and that means to the high tide mark.

Mr. Hewitt: Mr. Merriam, I think you might explain a little more fully what it is that is in dispute.
Mr. Merriam: I am coming to that. I am getting fundamentals first.
Mr. Hewitt: Oh, pardon me.

Mr. Merriam: Now, the problem that the surveyor for the applicants had before him was that all the bounding lands, which means all the lines of those lands - except the ocean side line - had theretofore been settled by boundary certificates, and it was considered that he had an apparently simple problem before him to reproduce those where they touched Waikapu. However, Section 558 of the Revised Laws of Hawaii, 1925, says that "A boundary commissioner shall in no case alter any boundary described by survey in any patent or deed from the king or government, or in any land commission award." All of these three adjoining lands have been issued boundary certificates on which patents have also been issued, that, therefore, places the condition on the surveyor that he reproduce those lines in the various boundary certificates that have heretofore been issued and stand on those for his lines of the land of Waikapu.    We then come to a point where the re-establishment of these lines only affect the applicants themselves, that is, of this line of the land of Wailuku - a land owned by Wailuku Sugar Company. There is no objection on the part of the owner of Wailuku to this line - that seems to eliminate trouble on that line, or boundary, along the other boundary. On the East is the land of Pulehunui - land owned by Hawaiian Commercial and [page 363] Sugar Company - and they, in turn, were in satisfactory accord with the line made by our Mr. Baldwin. The coast line is there and can be reproduced by any one without any question, and the manner of handling that was to take his point from the boundary line and come across here to a well known point and take his bearing and distance, and, in general, that represents the method in which that was handled. Then coming to the last, land of Ukumehame - we have there a condition, a similarity in so far as concerns the issuance of the certificate, the ownership of which is in the government, and there is where the difficulty arises that necessitates a hearing and production of evidence for there is a contest, or disagreement, with respect to the line of Ukumehame from the last point of Alexander's survey which started at the land of Olowalu - all of those courses way over from Olowalu to the last point are said to run along the ocean side. He then comes to a point marked on a large boulder, this point is admitted, not only by the applicants, but by the contestants, to be readily seen and reproduced. This is the first line, or, perhaps better be said, a double line - two lines are drawn - to which objection is raised; objection is also raised to the next line running from the established rock point to a ridge point on the hillside. So far as I am aware no other lines than these three are contested, although you may wish to go further up in the hills - possibly four points - four lines.

Commissioner: I thought you spoke of two - and you say 'these three.'
Mr. Merriam: There is a small distance here - 147 feet - from the ocean side to a point, and then from that point to a rock and then on up the hill. The survey of the land of Ukumehame which is the boundary of a land that we contend we must adhere to because it was previously surveyed by James M. Alexander in 1874, and a boundary certificate issued April 11th, 1883, nine years afterwards. I think the government will admit that Mr. Alexander [page 364] in making his survey, which, I would remind you, started on the ocean side at the Olowalu end and came along the ocean to a point along Maalaea Bay section, ran his courses on traverses hitting a bluff point and not going directly to the ocean side, which was a common practice then, and even now, to some extent, of surveyors, it being considered perfectly proper to do so. Is that admitted?

Mr. Hewitt: Yes.
Mr. Merriam: That is what we have assumed in all of our study of the preliminaries so that the survey, as made by Mr. Baldwin, could fit the established lines of a land which in 1883 had its boundaries perfected. Mr. Alexander, in addition to running his survey in what might be termed to be an Olowalu-Maalaea Bay direction, for that is the direction he came in, gave at each point what surveyors call a reverse bearing so that its bearings, while not altogether in agreement on each line, show that he tried to check back on his work so that the line could be run either one way or the reverse way. In other words, it is practically a double description for the courses. Now, our contention is, primarily, we hope to support it by evidence, that Mr. Alexander in his survey of the land of Ukumehame took these bluff points to the line itself which is said to run along the ocean side - perhaps if I use the exact words it would be clearer. I will now read course 20 to and including 24. (Reads at length) Now, I will point out to you that the lines first read - courses 20 and 21 - come along the ocean side and yet have a bluff point for the bearing until they get to the last point before they run inland away from the ocean, and that inland point is a point that is marked by a [sic] X on a rock. In other words, we have a point on a rock which can readily be established, and have another natural monument which also ought to be re-established by a reverse bearing from a rock - a point we can easily go to - and it is well recognized, when there is a doubt about a point that can be re-established without doubt, a surveyor will go to that point to try and run [page 365] the survey from a known fixed point, and that is what we have tried to do. The second line that is in controversy is course 24 which starts at the same fixed point that we can go to - the X on the rock; that line also goes from a natural monument to what is another fixed monument - the ridge point plainly observable today, and that line we have tried, through Mr. Baldwin's survey, to reproduce taking our point from the definite fixed point on the rock which no one can question; furthermore, this point on the hillside here must be a point that the next line of Mr. Alexander's survey can be viewed from, and we have reached such a point. Now, in support of what has been said by way of a preliminary statement, if you have no objection, I will call Mr. Baldwin for certain information.

Commissioner: Would you like to make a statement, Mr. Hewitt?
Mr. Hewitt: No.

Commissioner: Could you point out just where each of you claim the land to be?
Mr. Merriam: It is difficult because we don't know what the government is going to claim - we have just a general idea. I might propose that Mr. Newton help give you a rough outline. (All examine map)

Mr. Hewitt: I wonder, Mr. Merriam, if, right at this point, it would not be well to adjourn to the spot in question and look it over - the Commissioner, myself and yourself. In view of the evidence that will come up it will be much easier for the Commissioner if he has seen the evidence on the ground.

Mr. Merriam: It might be well except that we, as Applicants, should state our case before we go to the ground.
Commissioner: It would be helpful to me to have it just before me.

Mr. Hewitt: Would you prefer to bring out some other matters first from Mr. Baldwin?
Mr. Merriam: I don't think it is important - we can call him after. (recess)
[page 366]
(1:33 p.m. - reconvened)

Commissioner: You may proceed.
Mr. Merriam: Now that we have seen the location of the premises it seems to be in order to ascertain from the surveyor, on behalf of the applicants, how he arrived at his 'lay out' of the land.

Direct Examination of E.D. Baldwin (E. D. Baldwin is sworn by Commissioner)

Mr. Merriam: Mr. Baldwin, you are a Civil Engineer and Surveyor by profession?
Answer: Yes, I have a license.

Question: You have been employed, at various times, by the Wailuku Sugar Company to do their work over the lands?
Answer: Yes.

Question: You surveyed the Ahupuaa of Waikapu for and on behalf of the Applicants - Wailuku Sugar Company and Hawaiian Commercial and Sugar Company?
Answer: Yes. I did.
Question: Have you made a careful study of the boundary certificates of the adjoining lines of the land of Waikapu in an effort to determine what the proper boundary lines of Waikapu really
are?
Answer: Yes. I have.
Question: Do you consider that it is your duty, as a surveyor, to confine your description of the land of Waikapu to the same lines as the adjoining lines given in the certificates of boundaries?
Answer: Yes.

Question: That is what you endeavored to do?
Answer: Yes.

Question: Have you made any effort to gain evidence from kamaaina sources regarding the boundaries of the lands?
[page 367]
Answer: No. They were definitely stated in the certificate of boundaries, that is, Ukumehame, determining that.

Question: Will you state - in a general way - how you arrived at the 'lay out' of this land of Waikapu as you have, making such reference as you wish to the plan, where did you start and how did you go about it?

Answer: I took my description - it starts at a point Kaopala given on the map, it is a point given by Mr. M. D. Monsarrat in his survey of both Pulehunui and the boundary of Wailuku, and this point referred to a monument - to a concrete monument. I simply took his bearing of Wailuku, that is, of the Spreckles Grant, running that up as far as the monument he has on the ridge above, and from that point [...]

Commissioner: Indicate it on the map.
Mr. Baldwin: Kaopala is here, and this is a straight line to Pohakoi, and from Pohakoi up to this stone post - as Monsarrat calls it - up on the mountain ridge there; further Monsarrat simply says along the ridge to high tide; and then this is a definite point at the south east corner of Ukumehame, and from there the boundary along Ukumehame to a well known hill; we have a forest monument here called Puu Anu, and from there it runs along the ridge to another large hill - a well known point - and from there along down the ridge to this ridge point that we were looking at with the two flags on, it, and from there down to the rock and from there to the monument.
That is just giving the general way it was taken. These points above are undisputed and this hill is well known as an old boundary point. I might state that the first work I did there was before 1923 - Wailuku Sugar Company wished to know whether they should renew this government lease and [...]

Commissioner: Mr. Baldwin, for my information, where is the point where those two flags were?
Answer: Right there.
[page 368]
Question: And where is the stone with a X?
Answer: Right there.

Mr. Hewitt: May I mark that a, b, c? The two flags 'A'; ‘B' marks the rock which we viewed this morning.
Mr. Baldwin: I was going to state how I got that line. They wished me to ascertain where their railway went and the nature of the land, so I went down there and made a study of the lease.
I also sighted - I didn't set up any flags - I noticed that the hill that Kanakanui had was practically Alexander's angle, so I took his line. So the next work I did was when Wailuku Sugar Company and Hawaiian Commercial & Sugar Company met there; I again went into that line and I accepted Kanakanui's line. In this latter survey as they went up I sighted a pipe on the high point of the hill, and when I went up on the hill I studied it, and there was something like this prominent pile of rock there, and at the point I took there was indication of a pile of rock which a surveyor could have had, but wind blew it down; but there were other prominent piles and I considered I was not a good enough guesser to say which he used; I studied the hill very carefully and took the highest point. It is an immense big hill, I have known it since a boy, and that was on eight, and especially at night time when you got eight of it. For that reason, with all those piles of rock there - no one could do it - it may have been surveyors, and it may not have been - but there was only one thing to do - take the highest point on the hill. Then I tested the angle, taking Alexander's magnetic bearing to the hill and take the bearing down this way and I got practically the same angle that Kanakanui ran his line on. I took the same line and the distance as given in the certificate of boundaries. Alexander's distance, this distance, is short, it is 250 feet short there; where I am this distance is short, and this distance from this hill is very close, and there was no [page 369] chance of having that short; what is given in the certificate, if anything, it is longer.

Mr. Merriam: With reference to this so called Kanakanui line, it had better be explained, and can be. explained in this manner - the occasion for that was at the time of the issuance of a lease by the Government to the Wailuku Sugar Company of some of the lands well away this side of Maalaea Bay shore line, and, in order to arrive at the description of the land to be put in the lease, he was sent over to survey that line between Waikapu and Ukumehame and determine what sort of description should to into the lease to the Company of the Ukumehame land, and he ran the line from the crossed rock down not taking the full distance that the Alexander line calls for – am I right?
Answer: The lease didn't call for the full length of the line.

Mr. Penhallow: Make a line at the end here ‘C'.
Commissioner: the makai end of the line ran by Kanakanui.

Mr. Merriam: So. at the time of the lease it was assumed that the Government adopted it as a satisfactory boundary line - they stood on it for the purpose of giving the Company tenancy of of [sic] the land - later on planted in cane - and I think Mr. Baldwin will state that he is now running his line in a similar fashion – to the Kanakanui one, he is right on top of the Kanakanui line but taking the distance allowed by Ukumehame to the coast. Now, Mr. Baldwin, in your study of the situation at the hill side here, you were coming down?
Answer: Yes - in the description.

Question: And you must hit the rock, of course, that is a point that is identifiable today?
Answer: Yes.

Question: When you got to the rock did you shoot back to see that you were in a right position?
Answer: My points are triangular.
[page 370]
Question: Would you indicate the position as you would understand it at the time Alexander made the survey of the land of Ukumehame, which never had before that been surveyed; well, he finally gets to the rock - what would be his method?
Answer: Oh, Alexander was surveying it for the first time and he had to go up and find a point, and he went up and did that. I went up there first and set my flags on these hills and afterwards I went with the instrument and triangulated them.

Question: You feel that the surveyor, after he established this point on the rock in going up the hill side, would have the highest point on the knoll?
Answer: That is the only point he would take and did take.

Question: And his next point here - up the hill side?
Answer: Yes.

Question: Does your point enable you to see both the rear and advance points?
Answer: Yes. I went down there this morning.

Question: Now, having a definite fixed point here at the rock, and assuming, as you believe you had a right to do, that all of the ocean survey by Alexander was a traverse survey - had points that were intervisible, and knowing what the Government had previously done by establishing the line by Kanakanui's survey, and knowing that the course you took there was the course that was practically identical with Alexander's survey, you landed at a point which was a bluff point, did you not?
Answer: Yes.

Question: And, in your assumption, at the time Alexander made this survey that bluff point would have enabled Alexander to see to the rock point that now is agreed upon as a corner?
Answer: Yes. I think so with a flag set up.

Question: Also enable him to see back to a far point along the ocean side?
Answer: Yes.

Question: In other words, prior to the growth of Keawe Trees, that survey [page 371] of Alexanders would have reproduced itself with accuracy and each point on the ocean side would be intervisible?
Answer: Yes.

Mr. Merriam: That in short was the method used in reproducing the lines of the land of Waikapu by an up to date survey; it simply carries out what we thought was fundamentally required of us - to stand by and on the lines of the lands adjoining, all of which boundary lines were settled many years before this survey was made. I think, so far as the examination of Mr. Baldwin is concerned, we are finished.

Cross Examination of E.D. Baldwin

Mr. Hewitt: Mr. Baldwin, you have only taken us down to point marked 'C' there in this detailed journey we have had. Will you take us on from ‘C' down to the sea coast and explain how you arrived at this?
Answer: We did, but I think you must have overlooked it.

Question: Would you go over that once more from point ‘C' until you hit the sea shore?
Answer: What did you want?

Question: I stated clearly that that line is run down to the end of the distance given in the certificate of boundaries and that carries you some where short of the sea?
Answer: It carries you to the points as Alexander took them along the sea on the bluff.

Question: I mean the line running from ‘B' toward ‘C' and through ‘C' - according to Alexander's survey must land you at the sea shore, is that right?
[page 372]
Answer: Not the way I understand his survey; he says the ocean is the boundary.
Mr. Hewitt: Have you a copy of the Ukumehame certificate, Mr. Merriam? Would you mind introducing this in evidence?

Mr. Merriam: We offer in evidence a certified copy of the Boundary Certificate of Ukumehame, No. 68, Maui, which contains a full description by metes and bounds of the land of Ukumehame, before L. Aholo, Commissioner, dated April 24th, 1883.

Commissioner: It is allowed in evidence as Applicants' Exhibit 'A'?

Mr. Hewitt: Will you please point out to the Commissioner the course that you are talking of - that survey by Alexander - from the sea up to the point marked 'B' or the marked rock?
Answer: The course marked 23 is the one from the sea to the rock.

Question: Well, now, what is the course just preceding the one from the sea shore to the marked rock - that is 22?
Answer: 22.

Question: And that takes you along the sea shore?
Mr. Merriam: Along the ocean.

Mr. Hewitt: Along the ocean to a certain point that is right near it?
Answer: In fact his points are not at the ocean side.

Question: He said the ocean was the boundary?
Answer: The ocean was the boundary.

Question: Then that line runs along the ocean?
Answer: That is the true boundary.

Question: His points are all shown from up above - he was describing the points along the ocean?
Answer: Yes.

Question: Is it on course 22 that you come to the last point on the ocean?
Answer: Yes - here is what he gave.
[page 372]
Question: Then how does it lead from the next course to there?
Answer: Here - north - it is 6° 144.90 along Waikapu to bank of ravine.

Question: From that point, which you reached by 22, there is just one course to the marked rock?
Answer: Yes.

Question: Whereas in your description you have used two courses, have you not, you have inserted an extra course?
Answer: I turned it off at right angles to the sea.

Question: By what authority?
Answer: None - when I ran that line I ran it through to the sea - I felt  - I didn't have any authority and I didn't know how much authority I did have.

Question: What I want you to do is explain fully to the Commissioner how you got that extra course in there of 147 feet, if you have based your description upon this survey of Alexanders?
Answer: I took the absolute angle from that known point, turned it up and ran it in the given description; I ran it straight to the sea, but when I was making out the description for the certificates I didn't know whether I had that right; but that is the point given in the certificate of Alexander's survey; that is all we got, it is short, and we haven't got anything else.

Question: It seems clear to you that the last point on the ocean is not the point Alexander had in mind?
Answer: So far as we know it is his survey, and in the certificate, and is the point given in the certificate of boundaries and I can't make it any different.

Question: This survey of Alexander's is rather indefinite, isn't it?
Answer: Not on those two lines - the line running to the ridge above is short, and this one here is short - it is short in distance.

Question: A great deal of stress has been laid by Mr. Merriam on the fact that by following literally and as a guide this Alexander survey of Ukumehame it appears that in order to reconcile your theory [page 374] with Alexander's you found it necessary to insert an entirely new and additional course?
Answer: it is his survey along the coast, and if you want to go along the coast you have got to follow it.

Question: Suppose we wanted to know the next point way up in here some where – how do you get that?
Answer: it would be the same way.

Question: The description carries you along the ocean - doesn't it?
Answer: Not the way he showed it; he states the ocean is the boundary, and when he hits that point he runs in.

Question: And from that one point to the X here?
Answer: Yes.

Question: Where you added a new course - 147' - at right angles to the sea?
Answer: No - you have to get the sea some way or another.

Question: Well, there is some doubt as to just how you got to the sea - even in Alexander's survey?
Answer: No - you have to go up this way.

Question: By what authority do you cut up off at right angles?
Answer: The only way I can think of is where it runs along the valley.

Question: And yet they are running along the boundary?
Answer: Well, I haven't run across any accretion.

Question: That is a departure fixed by law and not survey?
Answer: No.

Question: In accretion you run at right angles - it is merely to conform with what the law says?
Answer: I haven't run across any law on it - it may be so. It is the law ordinarily that where accretion forms the line is either line carried in a continued line, or, if impossible, at right angles to the sea.

Question: But that has nothing to do with this situation. That is the only authorization that you know of for adding the extra course, is it not?
[page 375]
Answer: No. That is his point given in this certificate by both bearings and distances, and that is the end of my authority. I may not have any authority to do it, but I ran it off into the sea.

Question:  What is your honest opinion as to the correctness of the line as laid by Kanakanui from the rock toward the sea shore?
Answer: Practically correct in my final studies of the land – except it can go a little further that way 9 or 10 ft, but not amount to much.
Question: What do you mean?

Answer: Not the exact angle - in all my surveying I find you can't lead the magnetic needle closer than 15', the circle is marked in half minutes, and if you work up the needle it will never come right - I have always taken 15'. For instance, if it is 14 you take 14.50 or 14.35; that is probably what Kanakanui did, and as he did it that way I took it. We didn't want to differ from the government.

Question: Then your own honest opinion is that the line ran by Kanakanui is not exactly correct?
Answer: It is exactly correct.

Question: Exactly?
Answer: I just explained why we take 15' - 49.30 the exact difference between my line and that - the nearest is 45'.

Question: Well, you have changed your opinion since 1925 on that point, have you not?
Answer: Not that I know of.

Question: Didn't you, in 1925, have the belief that the, line was incorrectly laid by Kanakanui?
Answer: That is something new to me.

Question: Didn't you, on August 1st, 1925, write to the Territorial Surveyor as follows: "On the Waikapu line, which I went into most thoroughly over a year ago, for the deed from the Hawaiian Commercial and Sugar Company to Wailuku Sugar Company, [page 376] it seemed that the line from the well known X on the large rock mauka of Pulehunui to the sea coast ran a little further inland or north west"?
Answer: Kanakanui's sea coast is too small on this line - as you know Alexander gave a magnetic bearing; but after both Mr. Foss and I had gone carefully into the matter we concluded as the Government Survey Department had established this line; it would be better to accept their line rather than have any trouble over same later, so that the deed from the Hawaiian Commercial and Sugar Company to Wailuku Sugar Company was described as 'Along the Kanakanui line.' For instance, if you go to the rock and set up a transit today it will run way inside - it will run way in here.

Question: Well, did you write what I have just read?
Answer: I must have if it is written there. I told Mr. Penhallow - I made reports of that.

Question: You did write that to Mr. Wall?
Answer: That was in discussing that [...]

Question: Did you?
Answer: Yes.

Question: You still have the same opinion?
Answer: No. In this case we found it exactly where we went up the ridge - his definite point.

Question: I would like to show you a tracing of a sketch plan entitled 'Portion of Government land of Ukumehame, Maui, [...]

Mr. Merriam: Prepared by whom?
Mr. Hewitt: I will connect it up later on; this connects with Mr. Baldwin's testimony.

Mr. Merriam: We have no objection to it.
Answer [sic. Question]: Have you ever seen that before?
Answer: Not this one, but we have it in that lease you have.
[page 377]
Question: You have a similar one?
Answer: Yes.

Question: Would you say, from that sketch plan, Kanakanui believed that this line, from this point up here, near the words 'to Wailuku', ended on the lower end?
Answer: I am not sure; he leaves it indefinite, but the line here shows it just as I had it.

Question: It doesn't show that, if continued, it would run into Kapoli Spring?
Answer: No, you take these bearings here, and that is the exact line I ran.

Question: If you knew nothing of the case previously, and were shown that plan, where would you, as a surveyor, say that line, if extended, would end?
Answer: I can't answer that because the plan looks incomplete here; he was not surveying up here.

Question: Would you say that Kapoli Spring had any significance of that?
Answer: In what way?

Question: Any way as marking boundaries or determining boundaries?
Answer: No. I don't think so.

Question: What would you say it was inserted for?
Answer: This flat here is called Kapoli, and the Springs run there, would it be liable to be called Kapoli Spring?

Question: Why didn't the surveyor simply say 'Kapoli' instead of 'Kapoli Spring?'
Answer: I don't know.

Mr. Merriam: I think I will object to your line of questioning for this reason - you are now considering a survey which has no bearing on the land in question as against your original boundary certificate, which you are bound, under the provisions of law, to go by; a subsequent survey to the boundary certificate has no standing in the consideration of the Commissioner, he must adhere strictly to the point that the law says, that is, the actual lines at the time the boundaries were settled. This, I think, is reason, and should not be admitted as governing the boundaries of the land of Waikapu.

Commissioner: Objection will be over-ruled.

Mr. Hewitt: It is also offered to show that it was Kanakanui's contention that, if it was continued, it would come to Kapoli Spring. We might offer it for identification at this time. We claim that it is cooperative with what Kanakanui intended the terminus to be – Kapoli Spring. We offer it in evidence.

Mr. Merriam: I do object for the reason that it is contrary to Section 558 to the Revised Laws of 1925; also it is contrary to the decision in the case in the 18th Hawaiian, 394.

Mr. Hewitt: It is offered as cross examination of your direct examination on the Kanakanui line.

Commissioner: The tracing or plan of portion of Ukumehame land will be allowed in evidence as Contestant's Exhibit ‘1.'

Mr. Merriam: I would like to have this given careful consideration as to what evidence can be used in the settlement of a boundary of land which has had its boundaries theretofore established and on which it must rest its own boundaries without conflicting with the fundamental law of the Territory.

Mr. Hewitt: It is not a fact that it would be impossible to fit the Alexander Survey literally or exactly to the natural features of the land?
Answer: What portion of it?

Question: Several – there are several?
Answer: There are quite a number of instances if you tried to follow Alexander's survey of the boundaries of Ukumehame you . well.

Question: You would find yourself at certain points that you know he could not have intended them to be at?
Answer: yes.
[page 379]

Question: It was a magnetic survey?
Answer: Yes.

Question:  For instance, on the line from 'B', where the marked rock is, if you followed it literally - instead of being on the ridge - you would be off in the gulch on the Wailuku side, would you not?
Answer:  By modern declination of that portion of the sea coast we visited this morning, where the cliffs are fallen down, if you followed the survey that way you would land some point out on the sea. I wish to say that the survey I made I could carry it 25 ft., more or less, either side - a very rough estimation; there is nothing on that side except where you could get on the visible points, and I came right practically on 'the edge of the sea there.

Question: And then when you come down here, to the point where you leave the sea shore, you got into another incongruity that it has caused you to insert another course?
Answer: Well, that is the point given in the certificate, and I have got that to go by; I had to get there.

Question: Would it not lead to an absurdity to locate the boundaries of Waikapu by following the lines of Ukumehame?
Answer: Not at all; those two lines from 'A' to 'B' to another point - they are very definite.

Question: from 'A' to 'B' - would you not land on the gulch?
Answer: Those are the two points of Alexander's survey, and that angle would give the other exactly; that is what we always go for, and look for; we always go to get those, if we took the modern declination it would run up this way.

Question: So, in order to fit the natural features, you have to make changes in his bearings and distances?
Answer: Not in those.

Question: In some?    .
Answer: I have dealt with the natural ones.
[page 380]
Question: Is it not a fact that in order to rectify Alexander's survey with the natural monument you have to vary it in several instances?
Answer: Above the hill Alexander runs up in there - I followed it.

Question: So it really is absurd when we say the boundaries of Ukumehame are so definitely set?
Answer: As a surveyor I will state that this is one of the most definite; it has a definite angle there from two definite points, all the way up the ridge it is very definite.

Question: Do you ordinarily find it necessary to insert more than one course?
Answer: This is only out one hundred feet, and a great many I have tackled are out one thousand feet, and some on Hawaii are out miles.

Question: And yet you say it is so accurate and not indefinite?
Answer: It is on that side - it is very definite in my opinion.

Question: Then you would say these little additional courses are trivial?
Answer: Yes, they are.

Question: It would be a much better result, and probably more as Alexander intended it, if that additional course was not inserted?
Answer: Alexander was running along the sea from the sea and when he hit the point it is shown by the line running down here, he was above the sea at that point, and the boundary running inland.

Question: Let me express it a different way. If it is possible to wipe out that additional course, that you have thrown in here, and if this survey of Alexander's coming along the ocean to a certain definite fixed known monument and then have only one course, as he calls for from that point to the marked rock and with the angle, it would probably be a much better piece out than this one that includes the extra course at right angles?
[page 381]
Answer: Decidedly - if he left the monument at the sea we would not have all this trouble, and we would not be fighting over it.

Question: Now, Mr. Baldwin, let's mark here as a X on that point at which you take your departure from the ocean, that is the beginning of this course running at right angles as near as you can make it out the Alexander survey of Ukumehame runs along the ocean to the point marked X?
Answer: Runs inland.

Mr. Merriam: I think you are confusing the line which Alexander takes - the survey is a plan survey.

Mr. Hewitt: That point X is the point to which Alexander's survey brings the boundaries on the ocean?
Answer: No - he runs a bluff line to the ocean - I got the boundary that way in Alexander's survey.

Question: Well, where, along the sea shore, does Alexander's survey bring the boundaries of Ukumehame?
Answer: The only known point we have is the marked rock, and run back
from that to mark his distances; it is given in the certificate and fixed as the boundary.
 Question: You located this point by going back to the rock marked B and coming back?
Answer: Alexander's survey runs both ways.

Question: Is it your idea that the course and distance should prevail over natural monuments when you are trying to locate a monument?
Answer: There is no natural monument near the sea - I ran it to the sea.

Question: Haven't you got a natural monument where the X is and another at the sea?
Answer: Not definite to the sea unless you run to the sea.

Question: Why haven't you run it from the rock to the sea?
Answer: Because Alexander's line runs on those bearings.

Question: You are laying more stress on the bearings?
Answer: I ran it right through to the sea shore as I did formerly.

[page 382]
Question: It might continue on through to the sea shore instead of turning at right angles?
Answer: It hits the ridge from here to here, if it was run through it would hit nearly at the other side.

Question: Isn't that the theory you were working on?
Answer: No.

Question: You prefer to get to the sea by throwing in the extra course?
Answer: Didn't prefer anything - simply got to the sea that way.

Question: Isn't it pretty clear that Alexander intended the line to run from the X rock to the sea in one straight line?
Answer: He ran to his bluff point.

Question: Isn't it pretty clear that Alexander intended the line to run from the X rock to the sea in one straight line?
Answer: No. He ran to his bluff point - he came round the sea on the bluff and he ran inland from the sea.

Mr. Hewitt: I would like to have the Commissioner look at this survey, and look at courses 22 and 23. (Commissioner examines document.)

Mr. Hewitt: Now, Mr. Baldwin, have you ever seen the map that Mr. Alexander drew and filed with this same description of Ukumehame?
Answer: Yes. (Answered before objection was in)

Mr. Merriam: I object to the question and the answer. The map that is being referred to is a map unauthorized by law; the law - at the time the survey of Ukumehame was made - didn't require a map - no map is actually on file with the record of the boundary certificate, and I object to its admittance in this instance.

Commissioner: Isn't there a dispute in this as to where the line runs?
Mr. Merriam: Yes.

Commissioner: Isn't that why the Commissioner is sitting here [page 383] today? Not to accept the view of either party until he has heard all the evidence. The objection is over-ruled and the question and answer will be allowed.

Mr. Merriam: Exception.

Mr. Hewitt: Have you a copy of that map, Mr. Baldwin?
Answer: No.

Question: Do you recognize this map, Mr. Baldwin?
Answer: I have seen a blue print of it.

Question: Showing the witness a map of Ukumehame, of West Maui J. M. Alexander's survey, August 1874, do you know what that map is?
Answer: James Alexander's map.

Question: And for what purpose was it made?
Answer: Well, it is Alexander's map.

Question: How did it happen to be made?
Answer: I take it for granted it was made in connection with his survey of Ukumehame.

Commissioner: This very survey referred to?

Mr. Hewitt: In Exhibit 1. May I offer this in evidence?
Mr. Merriam: Yes.

Hewitt: You have no objection to the fact that it is offered on cross examination instead of direct examination?
Mr. Merriam: No - just save an exception.

Commissioner: The map of Ukumehame, West Maui, J. M. Alexander, surveyor, dated August, 1874, may be marked Contestant's exhibit '2.'    .
Mr. Hewitt: Mr. Baldwin, this Contestant's exhibit '2' you say is a map, made by Mr. Alexander, of the land of Ukumehame, as described in Applicants' exhibit 'A?'
Answer: Why, I suppose it is.

Question: You have no doubt of it?
Answer: It looks as though it is in connection with it.

Question: You have seen this before?
[page 384]
Answer: A blue print of it.

Question: And you have never doubted the authenticity of it?
Answer: No.

Question: You have no doubt it is Alexander's?
Answer: It is signed by him.

Question: Assume, for the purpose of this question, that you have never, seen any description of the land of Ukumehame and all you have before you -  as an expert surveyor - was this exhibit '2' - the map - where would you say that the line running from this point, which I will mark x - near the word Puu Hele, would be - where would you consider that first course terminated going toward the sea?
Answer: Well, there is nothing there to indicate, if I had no survey, as to where it exactly went:

Question: It couldn't possibly go to Kapoli Spring?
Answer: Not necessarily the way it is written.

Question: It seems apparent that it terminates some where between the word Kapoli and the word Spring?
Answer: No - in this small scale it is hard to tell.

Question: You can't see any point where the line turns?
Answer: The Spring is all round that.

Question: Kapoli Spring is just a spring?
Answer: Kapoli is the name of the low land.

Question: But Spring?
Answer: Spring  - the whole of Kapoli is here.

Question: And it is known as Kapoli Spring?
Answer: Kapoli Spring is right round it. I always was interested to know where it was and I hunted all round there and got all the testimony I could, and one fellow would name it as this Spring, and the first man showed me a water spring and said when it rained it is fresh water right round the house, that was pointed out to me as Kapoli Spring.

[page 385]
Commissioner: Where we went this morning?
Answer: It is makai of the beach there by the windmill, there is a dirt flat there that fills up with fresh water when it rains, and that was pointed out to me as Kapoli Spring; all round that point, way down to the mouth of the gulch almost, is spoken of as springs, and I have seen that the whole region there is Kapoli, so Kapoli Spring would be where the water springs out.

Commissioner: What does 'Kapoli' mean?
Answer: Hollow - depression.

Commissioner: Water that comes out of a hollow?
Mr. Penhallow: It is something aside from springs.

Commissioner: The word 'Kapoli' has no direct reference to th ....

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.... Figures would be 63° 48'.

Mr. Merriam: I will then refer you to Applicants' Exhibit D, which is a plan of a portion of the Ukumehame boundary adjoining the land at Waikapu, and ask you if the angle of divergence given on this map, line B-A and B-C of Applicants' amended map is the same sized angle as stated by you just now?

Mr. Newton: The same angle. It would not make the same angle to that you had on your map.
Mr. Merriam: Mr. Newton, in using the point wherein the [page 461] Govern
ment has the flag at point A of Applicants' amended application, you have admitted you have taken a longer distance of line than the Ukumehame boundary Certificate (Contestants' Exhibit 5) calls for, what justification have you for taking that longer length of line?
Mr. Newton: The description does. Calls for a point on the ridge. Natural monument.

Mr. Merriam: Where do you see that?
Mr. Newton: 24 course reads: "S. 69° 30' W., 60.10 ch. on . ridge along Waikapu."

Mr. Merriam: When you arrived at a point on a ridge, such as in the approximate location of point A on Applicants' amended map, and you find that there is a saddle above that point before you get to the next point of the survey further mauka, is it not in your estimation to go to the topmost point on a knoll; such as there is at point A?
Mr. Newton: No, not necessarily.

Recess of 10 minutes.

Mr. Merriam: You have stated Mr. Newton that Mr. Kanakanui made a mistake in the direction of the line from B to C toward the ocean on Applicants' Ammended [sic] map; how do you know he made a mistake?
Mr. Newton: Because it shows on the face of the map and in his field notes that he was running to Kapoli, that he located Kapoli -
 
Merriam You do not know but what his location of Kapoli Spring was the proper one?
Mr. Newton: Because there is only one Kapoli Spring.

Mr.  Merriam: But there right be two understandings as to which location -
Mr. Newton: The one we took 100 feet further would be inland.

Mr. Merriam: In other words, your conclusion with respect to the error is dependent upon where Kapoli Spring actually is,
Mr. Newton: Monument at the sea.

Mr. Merriam: You are assuming it in one place and another one in another place?
[page 462]
Mr. Newton: I leave that to the Kamaaina.

Merriam: I now call your attention, Mr. Newton, to "Contestants' Exhibit 4” being the record book No. 1, Boundary Commission for Maui, (Showing witness Certification or the boundaries, the land or Ukumehame) which shows the note, as follows: Note: "Waikapu claims a strip of sea-shore, 1 ch. broad, reaching from Kapoli to Manawainui in ravine". Mr. Newton, the use of the word "Kapoli" may mean, land of Kapoli, may it not?
Newton: According to the Kamaaina, Kapoli was in the vicinity of the spring.

Mr. Merriam: It has been indicated that there was such a Spring, a section of land known, a portion of land […]
Mr. Newton: About the size of this room.

Mr. Merriam: Might this reference refer to the land of Kapoli, it does not say Spring?
Mr. Newton: According to the Kamaaina, Kapoli was known as the spring and land which took in a space the size or this room.

Mr. Merriam: Very well, I think that is all.

Mr. Newton on re-direct examination.

M. Hewitt: You stated a while ago, it was not necessarily the logical thing for a surveyor standing at the X-rock to take his point on the ridge - the highest point - what do you mean by that?
Mr. Newton: The intention of that is, that putting up your station on a point on the ridge, that you try to get a point where you have a view of the lower section in general after for detail work. You may want to put in [---] sub-station in between, when the distances are very long.

Mr. Hewitt: Does the Government station on the ridge mauka of the X-rock represent such a location?
Mr. Newton: It does.

Mr. Hewitt: Better than the flag adopted by the Applicants?
Mr. Newton: From the road in places, you cannot see Applicants' flag

[page 463]
Mr. Hewitt: Will you proceed a little further on than where Mr. Merriam carried, in Alexander's distances when checked with natural monuments (referring to Amended map of Applicants) Will you mark in numbers as you proceed, instead of letters.
Mr. Newton: 26 course given in the Certificate. Distance is 3570.6 ft. Applicants' map between points 1 and 2, the distance is 3676.

Mr. Hewitt: Longer than Alexander calls?
Mr. Newton: Yes, longer than Alexander calls. A difference in bearing from Alexander's bearing. The next course 27, calls for the distance of 1623.6 feet. That is from point 2 to 3 on the Applicants' map; they have inserted 2 courses instead of one. The total distance of the two courses is shorter than the one course given by the certificate; but the two courses have different bearings.

Mr. Hewitt: Where Alexander gives one instead of two.
Mr. Newton: They give two.

Mr. Hewitt: Proceed on, any other?
Mr. Newton: The line back to Ukumehame on the west.

Mr. Hewitt: So, when they speak of their reproduction of Survey, they must mean by that something different from what we call a reproduction?
Mr. Newton: Looks that way.

Re-cross examination of Mr. Newton.

Mr. Merriam: Mr. Newton, you have just stated that the lines run by the surveyors for the Applicants in this case, between point A, point 1 and 2 – “did not coincide” in matter of distance, at least, with the Alexander survey?
Mr. Newton: They do not.

Mr. Merriam: I will ask you, as a surveyor, if these points selected by the surveyor for the Applicants, are not clearly the points that any surveyor would take on a mountain ridge side for the point such as Alexander's survey seems to call for; are they not natural peaks, and a natural one for a surveyor to take?
Newton: I believe so.

[page 464]
Mr. Hewitt: In this so-called Alexander survey, I wish you would explain to the Court and me, how the applicant gets to this point, the last point on the sea-shore on the amended map.
Mr. Newton: They have tried to run a line from the X-rock using Kanakanui's azimuth, and produced it through the distance given in the certificate itself. 147 feet back from the sea.

Mr. Hewitt: Whereas, the Alexander survey locates it at the sea.
Mr. Newton: Yes. They traversed further back from the sea. There is a difference between the traverse line and the actual boundary.

Mr. Hewitt: If they went from the X-rock and took Alexander's bearing and went to the sea as he intended it, to go to the sea, they would hit the ocean at an entirely different point than their survey would hit.
Mr. Newton: It would hit the sea first, at a point off Kapoli Spring.

Mr. Hewitt: And before you ever come to the Cornwell beach house.
Mr. Newton: Yes.

Mr. Hewitt: It would not in any way reach the Cornwell house?
Mr. Newton: The point they have now is south. The first point that hit the sea is in the bay, that is on the sea side, the point that hits the ocean is directly north of the beach.

Mr. Hewitt: between the beach house and Kapoli?
Mr. Newton: The point just north of Cornwell's beach house. On the opposite side of the cove, on the Wailuku side of the bay.

F.H. Kanahele called and sworn.

Mr. Hewitt: Will you admit Mr. Kanahele's qualification as a surveyor?
Mr. Merriam: I do.

Mr. Hewitt: What is your name and occupation?

[page 465]
Mr. Kanahele: My name is F.H. Kanahele and Occupation is Assistant Government Surveyor.

Mr. Hewitt: Have you ever seen this blue-print before?
Mr. Kanahele: I have.
   
Mr. Hewitt: Have you checked the work in this, so that you can state whether it is accurate?
Mr. Kanahele: Yes.

Mr. Hewitt: Have you found it accurate?
Mr. Kanahele: It is.

Mr. Hewitt: Offer in evidence survey and map by James M. Dunn,
Sept. 4, 1927.    .
Mr. Kanahele: Purpose of map. Detail location of the surroundings in question, at the end of the line; from the X-rock mauka of Ukumehame to the vicinity of Kapoli.

Commissioner: Admitted in evidence and marked "Contestants' Exhibit 13",   
Mr. Merriam: Object to the admittance for the purpose of evidence for the reason that it is not an original, and contains many alterations, the authority for such alterations is not shown.

Mr. Hewitt: This is, offered its purpose is to make clearer the testimony of this witness as he gives his testimony and the testimony of the other witnesses.

Commissioner: For that purpose, it is admitted.

Mr. Merriam: Save an exception.

Mr. Hewitt: Will you explain to the commissioner just what this plan shows?
Mr. Kanahele: This plan shows a detailed location of that portion of land between the Main Government road, from Wailuku to Lahaina, and high water mark along the sea coast in the vicinity of Kapoli Spring and Cornwell's beach house. This line here, between (A and B), shows a portion of the line as run from the X-rock N.W. of Puuhele to the bluff point as selected by E.D. Baldwin (A). This line (from C to D) is a line as run by Jas. M. Dunn, Asst. Government Surveyor, and myself, to be the line extending from the X-rock N.W. of Puuhele to Kapoli Spring, as gathered by James M. [page 466] Dunn and myself from Kamaainas of that vicinity.

Mr. Hewitt: This point (E) what is that?
Mr. Kanahele: That is the (C) point of E.D. Baldwin, and this line from E to A is the extra course they have thrown in to reproduce Alexander's Survey.

Mr. Hewitt: And a line from their natural monument to C, that is point E, to the marked rock would hit the sea about where?
Mr. Kanahele: At a point marked F.

Mr. Hewitt: That is all.

Mr. Hewitt: You are the surveyor who located the Government flag on ridge on the rock?
Kanahele: I am.

Mr. Hewitt: How did you happen to locate it the way you did?
Mr. Kanahele: I selected a base line below before I hiked to the hill; below in that flat line makai of Puuhele, in that clear portion running to the ocean on the makai, east side of the road. On arriving at the top of the ridge, I found that I could not very well establish a system of triangulation from E.D. Baldwin's point.  I investigated the range and found several ahus, built up piles of rock, in several different localities of that particular ridge. I finally chose one; that was 34 1/2 feet away from the present flag (my flag); at the time not knowing anything about that particular spot. It just happen to miss my observation. Before leaving the ridge, I again looked around and came to this Ahu, which had a solid rock triangular in shape, a rock that is generally taken by surveyors, when so marked. From this point I had the same commanding view as that of the lower point. I began to take measurements about the ridge, and finally, from my measurements, found out that this particular Ahu was very centrally located, as shown in this sketch. My presence is now at B. A is my first flag. C is E.D. Baldwin's flag. It represents a sketch of the ridge. It begins to slope abruptly. Gradually sloping and then dropping.

[page 467]
Mr. Hewitt: Did you make that sketch yourself?
Mr. Kanahele Yes.

Mr. Hewitt: Offer this in evidence.
Commissioner: What is that page you have been referring to?

Mr. Kanahele: Page 20.
Commissioner: Book of what?

Mr. Kanahele: Calculation book.
Commissioner: The contestants offer in evidence a book designated by the witness as "Calculation book" for the purpose or throwing light on the testimony of the witness. That will be admitted in evidence and marked "contestants' Exhibit 14".

Mr. Kanahele: From this sketch it is very plain; showing the distance from the edge, where the ridge itself shows - mark falling. From A to the edge, 28 feet; from B to the other edge, 26 feet; from C to the mauka edge, 25 feet; and I may add, this portion of it is drawn to scale; so it is actual reproduction to scale.

Mr. Hewitt: In your opinion, which one of these three points is the most logical point for a surveyor to adopt, running Alexander's survey.
Mr. Kanahele: The point marked B.

Hewitt: Taking that as the point on the ridge, and running back down to the X-rock, where does that angle, at the X-rock, throw the line from the rock to the sea?
Mr. Kanahele: It would be in the vicinity of Kapoli.

Mr. Hewitt: And by Kapoli, you mean what?
Mr. Kanahele: The spring.

Mr. Hewitt: it would throw the line more toward the Spring than it is run in the amended plan of Applicants?
Mr. Kanahele: Yes.

Mr. Hewitt: How far would it come, from the sea, high water mark
Mr. Kanahele: About 10 feet.

Mr. Hewitt: Which way?
Mr. Kanahele: Mauka.

Mr. Hewitt: Of high water mark?
Mr. Kanahele: Yes.

[page 468]
Mr. Hewitt: You have figured that exactly?
Mr. Kanahele: That is a fair estimate. I haven't figured it accurately.

Mr. Hewitt: Where is it in regard to that iron pin?
Mr. Kanahele: About 10 feet of that iron pin.

Mr. Hewitt: That is all.

Mr. Kanahele: on cross -examination

Mr. Merriam: Mr. Kanahele, I call your attention to Contestants' Exhibit 13, which on reference thereto, you have indicated that the location "A" is Mr. Baldwin's point at the end of the line from X-rock on the Applicants' Amended map. Do you know whether that point can be considered as a good bluff point in connections with the Alexander survey of the land of Ukumehame, is it, is that a point on the bluff?
Mr. Kanahele: Intervital bluff.

Mr. Merriam: In that a point on a bluff?
Mr. Kanahele: Yes, it is.

Mr. Merriam: Are you in agreement with Mr. Newton's statement, that the Alexander survey was a bluff point survey over to point "A"?
Mr. Kanahele: Not to point A. They may be bluff to bluff points but not to point "A".

Mr. Merriam: That is, you have indicated Mr. Baldwin's line from X-rock, B to B, on the applicants' amended map, runs to your point "A" on Exhibit 13, do you not?
Kanahele: Yes.

Mr. Merriam: And his next line runs from E to E?
Mr. Kanahele: Yes.

Mr. Merriam: You admit that point A is on a ridge, do you not?
Mr. Kanahele: Yes.

Mr. Merriam: Can you state whether that point is a point from which he would be able to see X-rock?
Mr. Kanahele: It is impossible.

Mr. Merriam: you think so? 
Mr. Kanahele: I absolutely know so.

Merriam: How do you know?   
Mr. Kanahele: There are authorities, as Mr. Newton has stated.

[page 469]
Mr. Merriam: From the evidence you have produced?
Mr. Kanahele: Yes.

Mr. Merriam: I will call your attention to this same map "Contestants' Exhibit 13", wherein you have indicated that the line D to C is the correct line for the line from the X-rock at B, Applicants' amended petition, to Kapoli Spring?
Mr. Kanahele: Yes.

Mr. Merriam: You admit that the Alexander Survey calls for the point at the sea, the last point before you go to X-rock, shall be at the sea at high water mark?
Mr. Kanahele: Yes.

Mr. Merriam: I also call your attention to the fact you have reached the sea at this point here, it is s what?
Mr. Kanahele: High water mark.

Mr. Merriam: And where is Kapoli Spring? At sea?
Mr. Kanahele: At sea.

Mr. Merriam: By what right, did you go beyond high water mark after reaching the sea to get Kapoli Spring, course what?
Mr. Kanahele: by the right that in a survey, monuments prevail.

Mr. Merriam: You had better define that survey; you mean Ukumehame?
Mr. Kanahele: Yes.

Mr. Merriam: The map is a part of it; by what right did you make that line?
Mr. Kanahele: As I have stated before, by the right, monuments prevail.

Mr. Merriam: Is not the sea a monument?
Mr. Kanahele: Yes sir.

Mr. Merriam: Why didn't you stop there; you had reached the sea called by the boundary certificate?
Mr. Kanahele: The reason why I did not stop there was for my investigation of a survey. In inquiring about from the different kamaainas, who actually pointed the Spring out to me, and who also claim that the Spring was the end of [page 470] Ukumehame and Waikapu by the sea; I therefor concluded that Kapoli Spring was a monument to be taken into consideration in this survey. The line that I took from the ridge point mauka of Puuhele, the angle that I took, from the ridge point, mauka of Puuhele, diverting it toward the sea, was some 10 feet in of this line (from C to D) 10 feet inland, which line did not cross the sea coast at high water mark.

Mr. Merriam: Why did: you mention that line, when you are contending for this line?
Mr. Kanahele: Because this is the line pointed out to me by the kamaaina.

Mr. Merriam: That is the line you think should be right?
Mr. Kanahele: Yes.
 
Mr. Merriam: You have stated that you have assembled information from kamaainas on which you base your interpretation of the main line in dispute (from B to C) and beyond to the coastline, what kamaainas?
Mr. Kanahele: Kamaka Kailianu, Piimoku, Moses Kalani and James Cornwell.

Mr. Merriam: All individuals about how old?
Mr. Kanahele: The youngest is 57, oldest is 73.

Mr. Merriam: How, Mr. Kanahele, in your location of your flag, are your locations are the ridge point at A, you have stated that your first flag was at A.
Mr. Kanahele: Yes.

Mr. Merriam: Shown on Contestants' Exhibit 14?
Mr. Kanahele: Yes.

Mr. Merriam: And your second location was at B?
Mr. Kanahele: Yes.

Mr. Merriam: Why did you change from A to B?
Mr. Kanahele: Because B was to my mind a better point for any surveyor to select.    .

Mr. Merriam: From what natural character was it a better point.
Mr. Kanahele: It had a better commanding view of the lower lands.

Mr. Merriam: A better commanding view of the rock?

[page 471]
Mr. Kanahele: Of the lower land between the rock and Kapoli Spring.

Mr. Merriam: Did it have a better commanding view of the rock itself?    .
Mr. Kanahele: It had just as good.

Mr. Merriam: Did it have a better commanding view of the rock itself?
Mr. Kanahele: It had the same commanding view.

Mr. Merriam: Can you state, that second B, commands a better location at B, than Baldwin's location at C?
Mr. Kanahele: I can see the bottom of my flag, you cannot see the point of Mr. Baldwin's flag; the point right next to the ground.

Mr. Merriam: However, you recognized that Mr. Baldwin's point at C is a point at a higher elevation than your point?
Mr. Kanahele: A little higher.

Mr. Merriam: I would call your attention to Contestants' Exhibit 13 and ask you if on either of these two lines, B to A, or D to C, there are any reference there to Kamaainas' names, on which we base the location of these lands; or on whose information was based the location?
Mr. Kanahele: They are not actually kamaainas, excepting that here, it reaches the line further. No kamaainas.

Mr. Kanahele: on re-direct examination.

Mr. Hewitt: In your estimation, is it possible that between 1874 and 1925, there was a slight change of 3 or 4 feet at High tide mark in the vicinity of Kapoli Spring?
Mr. Kanahele: Very probable.

Court adjourns until 9 o'clock a.m. July 12/2.

[page 472]
July 12/27, 9 a.m.

James Cornwell called and sworn. 

Mr. Hewitt: Your name please?
Mr. Cornwell: James Cornwell.

Mr. Hewitt: And how old are you?
Mr. Cornwell: 57 last May.

Mr. Hewitt: And are you related to Henry Cornwell?
Mr. Cornwell: W.R.Cornwell.

M. Hewitt: Are you related to W.H. Cornwell?
Mr. Cornwell: Yes.

Mr. Hewitt: In what way?
Mr. Cornwell: My father.

Mr. Hewitt: the original H. Cornwell was your grandfather?
Mr. Cornwell: Yes.

Mr. Hewitt: the Cornwell who lived what is called and known to the Cornwell beach house near Maalaea?
Mr. Cornwell: Yes, I stayed there.

Mr. Hewitt: Are you familiar with the location about the beach house there?
Mr. Cornwell: Yes.

Mr. Hewitt: Do you know where Kapoli Spring is?
Mr. Cornwell: Yes, right behind my little beach house; little close.

Mr. Hewitt: Describe it, please more fully. Can you give us a better description of the Spring. What do you mean "just behind your house?"
Mr. Cornwell: My house in the front and that was behind, close by the beach.

Mr. Hewitt: what does it look like around the Spring:
Mr. Cornwell: They dig a hole there for cattle to go in there to drink at Kapoli.

Mr. Hewitt: What is there on the makai side of the Spring, if anything?
Mr. Cornwell: Nothing but rocks.

Mr. Hewitt: What kind, how many?
Mr. Cornwell: Plenty rocks, big stones.

Mr. Hewitt: How many big stones?
[page 473]
Mr. Cornwell: About 5 or 6 big stones maybe more.

Mr. Hewitt: Are there any unusual large stones? Out in front there, just makai of the spring?
Mr. Cornwell: About 3 great big stones.

Mr. Hewitt: How long have those three big stones been there?
Mr. Cornwell: Since I was a kid.

Mr. Hewitt: Same place?
Mr. Cornwell: yes.

Mr. Hewitt: Is the Spring right in the vicinity of those 3 big stones?
Mr. Cornwell: Little mauka.

Mr. Hewitt: Do you know that place a little more on the Lahaina side where the cliff goes up straight?
Mr. Cornwell: I know it, they call it Pall Hai.

Mr. Hewitt: Has there been much change?
Mr. Cornwell: No, very little change.

Mr. Hewitt: Do you know the name of the place under Pali Hai?
Mr. Cornwell: There is s a little spring over there. At high tide you get water, and low tide you see it coming out. High tide there is salt water.

Mr. Hewitt: What is the name of that spring?
Mr. Cornwell: I forgot the name of that spring.

Commissioner: How long have you lived there?
Mr. Cornwell: Well, I never lived there altogether.

Commissioner: How long have you been well acquainted with that place?
Mr. Cornwell: All my life.

Commissioner: The little spring has a Hawaiian name?
Mr. Cornwell: Yes.

Commissioner: Do you know what it is?
Mr. Cornwell: I know, but I forgot.

Mr. Hewitt: Is it Waikui?
Mr. Cornwell: Waikui.

Mr. Hewitt: How long have you known, that was the name of the Spring?
Mr. Cornwell: I know Kapoli and that water down there.

Hewitt: You knew about the two springs and their names?
[page 474]
Mr. Cornwell: Yes.

Mr. Hewitt: Long before you knew me?
Mr. Cornwell: yes.

Mr. Hewitt: What do you know about the divide line in that vicinity between the lands of Ukumehame and Waikapu?
Cornwell: I do not know about the boundary of Ukumehame and Waikapu.

Mr. Hewitt: Do you know at what place at the sea they are divided?
Mr. Cornwell: I do not know.

Mr. Hewitt: Do you know about what land the beach house was?
Mr. Cornwell: My grandmother told me it was on Ukumehame.

Mr. Hewitt: What else did she tell you?
Mr. Cornwell: I ask her first, when she made a deed to us. She is dead 30 years ago. If we have a right to those houses down there and she said, no. I ask my grandmother if we have the right there. She said, we have no right. My grandmother told me it belongs to the Government; when they told you to go, go.

Mr. Hewitt: Did you subsequently file a preference right claim with the Government?
Mr. Cornwell: No, I never put in until just lately.

Mr. Hewitt: When?
Mr. Cornwell: About 6 years.

Mr. Hewitt: You filed preference right claim for the land where the beach house is?
Mr. Cornwell: Yes.

Mr. Hewitt: Do you recall having taken a lease of that land from the Wailuku Sugar Co.?
Mr. Cornwell: Yes.

Mr. Hewitt: How did you happen to do that?
Mr. Cornwell: When they came to me, They said it belong to them. I said if it belong to them, I might take a lease; better than going out. Penhallow came there and said the place belonged to them, and I leased it. I did not want to go away, I rather stay there and pay $1 a year.

Mr. Hewitt: What was your belief at that time as to the [page 475]
nature of their right there?
Mr. Cornwell: Well, I thought that the Government and Plantation had made everything to the plantation, that is how Penhallow came to me to lease the place, that is why I took the lease.

Mr. Hewitt: You thought the Government had fixed it up with the plantation?
Mr. Cornwell: Maybe the Government had given the plantation the place; that is the reason I took the lease from the plantation.

Mr. Hewitt: Did Mr. Baldwin, the surveyor, speak, bring up that subject to you about Kapoli Spring?
Mr. Cornwell: Yes.

Mr. Hewitt: How long ago?    ,
Mr. Cornwell: I do not remember. Sometime ago he came to the house. He asked me. I told him about Kapoli Spring.

Mr. Hewitt: You did not tell him you did not know anything about Kapoli Spring?
Mr. Cornwell: I told him I know about Kapoli Spring.

Mr. Cornwell: on cross-examination

Mr. Merriam: You made the statement that you understood the location of Kapoli Spring to be right behind the Cornwell house?
Mr. Cornwell: Yes, little.

Mr. Merriam: On which side of the house, toward what locality?
Mr. Cornwell: The house face down the beach.

Mr. Hewitt: Looking toward Olowalu?
Mr. Cornwell: The house face down the beach on that side behind

Mr. Merriam: Toward what place?
Mr. Cornwell: Toward Waikapu side.

Mr. Merriam: How far from the Cornwell house is Kapoli Spring?
Mr. Cornwell: About 100 feet, or little more.

Mr. Merriam: How far from high tide line is Kapoli Spring? Is the location of Kapoli Spring?
Mr. Cornwell: Well, at high tide, water come to the bank of Kapoli Spring.

[page 476]
Mr. Merriam: Is it not a fact that at low tide, there is a large amount of water coming out for a long distance along the shore between the Cornwell house and beyond the Cornwell house on the Olowalu side, also back toward Maalaea landing; isn't there a lot of fresh water coming out along the beach?
Mr. Cornwell: Little way by Kapoli, not go over to Maalaea side.

Mr. Merriam: On the Olowalu side?
Mr. Cornwell: Very Little.

Mr. Merriam: At different places?
Mr. Cornwell: Yes.

Commissioner: What do you mean by different places, how many, ½ dozen, 3 or 12?
Mr. Cornwell: Where Kapoli spring come out, it shoots out; here and there. No water at all over the other side, until Pali Hai, where Waikui is.

Mr. Merriam: Any fresh water between those two points?
Mr. Cornwell: No.

Merriam: At low tide condition?
Cornwell:  Yes.

Mr. Merriam: You say that your grandmother told you that the land on which your present house stands was government land?
Mr. Cornwell: Yes.

Mr. Merriam: What is your grandmother's name?
Mr. Cornwell: Kapu Luzada.

Mr. Merriam: How old were you when she told you that?
Mr. Cornwell: About 23 or 24.

Mr. Merriam: And how old was she?
Mr. Cornwell: I could not tell.

Mr. Merriam: About how old?
Mr. Cornwell: About 60, I think.

Mr. Merriam: You said that you have filed a preference right claim to this land with the land Commissioner about 6 Years?
Mr. Cornwell: About 5 or 6 years.

[page 477]
Mr. Merriam: What did the land commissioner do with this application for preference right?
Mr. Cornwell: I guess they threw it out, I never heard any more,

Mr. Merriam: He has never taken it up with you since?
Mr. Cornwell: No.

Mr. Merriam: You have stated that you knew nothing about the boundary lines between the lands of Ukumehame and Waikapu?
Mr. Cornwell: No.

Mr. Merriam: What you learned was hearsay from others, that is your grandmother?
Mr. Cornwell: Yes.

Moke Kalani called and sworn.

John Ferreira as Hawaiian Interpreter.

Mr. Hewitt: What is s your name?
Mr. Kalani: Moke Kalani.

Mr. Hewitt: How old are you?
Kalani: 63.

Mr. Hewitt: Where were you born?
Mr. Kalani: At Haiku, Maui.

Mr. Hewitt: How long did you live at Haiku?
Mr. Kalani: I was 11 years old when I left Haiku.

Mr. Hewitt: Were did you go?
Mr. Kalani: I came to Waikapu.

Mr. Hewitt: Where have you lived since you were 1l years?
Mr. Kalani: At Waikapu.

Mr. Hewitt: All the time?
Mr. Kalani: Yes, from then until now.

Mr. Hewitt:  Where do you live now, Moke?
Mr. Kalani: At Maalaea.

Mr. Hewitt: Do you know where Kapoli Spring is?
Mr. Kalani: Yes.

Mr. Hewitt: Where about?
Mr. Kalani: It is along a well that I dig myself.

Mr. Hewitt: Locate it more definitely?
Mr. Kalani: Kapoli is a wide place, even where the water is coming under,
[page 478]

Mr.
Hewitt: Tell us, where Kapoli Spring is?
Mr. Kalani: Right at the well where we dug.

Mr. Hewitt: Which side of the Cornwell beach house is that?
Mr. Kalani: On the Waikapu side of the beach house.

Mr. Hewitt: Can you describe that spring any more definitely?
Mr. Kalani: Right where that well that we dug and that is Kapoli Spring right there.

Mr. Hewitt: What is just makai of the Spring?
Mr. Kalani: Stones.

Mr. Hewitt: How many?
Mr. Kalani: Four.

Mr. Hewitt: Big ones?
Mr. Kalani: Two large ones and two little ones.

Mr. Hewitt: How long have they been there?
Mr. Kalani: When I was small.

Mr. Hewitt: And were they in the same place they are now in?
Mr. Kalani: Yes.

Mr. Hewitt: What do you know Moke, about the digging of that well near the big pohakus?
Mr. Kalani: the only thing I remember, we dug until we found the water.

Mr. Hewitt: Who dug?
Mr. Kalani: Myself, Kaniala and Kali.

Mr. Hewitt: Where is Kaniala?
Mr. Kalani: Both of them are dead.

Mr. Hewitt: For whom did you dig that well?
Kalani: Cornwell.

Mr. Hewitt: Under what instructions?
Mr. Kalani: Cornwell gave us instructions.

Mr. Hewitt:  What were they?
Mr. Kalani: He gave us instructions to dig the well for the cattle.

Mr. Hewitt: Did he tell you where to dig it?
Mr. Kalani: Yes. We dig the well on a different place, when Cornwell came down and he told us to dig it on his own place.

Mr. Hewitt: Why was it not satisfactory where you first dug it?
[page 479]
Mr. Kalani: He did not want to have the well dug on Ukumehame side.

Mr. Hewitt: So you moved over toward Waikapu?
Mr. Kalani: Yes.

Mr. Hewitt: How much more toward Waikapu did you move then when you dug it the second time?
Mr. Kalani: About 2 feet.

Mr. Hewitt: Moved over toward the Waikapu side?
Mr. Kalani: The well was moved to Waikapu side.

Mr. Hewitt: Will you indicate in the room somewhere in the building, about how far you moved?
Mr. Kalani: (demonstrates 2 feet).

Mr. Hewitt: that is all you moved over?
Mr. Kalani: Yes.

Mr. Hewitt: Moke, going over toward your house from the Cornwell house, going over toward Olowalu, do you know the section of the beach where the cliff goes up straight?
Mr. Kalani: Yes.

Mr. Hewitt: You know the name of that place?
Mr. Kalani: Yes.

Mr. Hewitt: What is it?
Mr. Kalani: Pali Hai.

Mr. Hewitt: What is the name of the place just under that on the Olowalu side?
Mr. Kalani: Kalama.

Mr. Hewitt: Is there any Spring over near Pali Ha`i?
Mr. Kalani: Yes.

Mr. Hewitt: What is the name of it?
Mr. Kalani: That is the name of that place, Pali Ha`i.

Mr. Hewitt: Do you know of any name for the Spring over there?
Mr. Kalani: I do not know the name of the Spring, but there is water from Pali Ha`i to Kalama.

Mr. Hewitt: Fresh water?
Mr. Kalani: Water could be drunk.

Mr. Hewitt: How far is that to Kalama?
Mr. Kalani: Quarter of a mile.

[page 480]
Mr. Hewitt: Is that place, or [are?] those springs ever known as Kapoli springs?
Mr. Kalani: Yes.

Mr. Hewitt: That is the spring near Pali Ha`i, are they known as Kapoli springs?
Mr. Kalani: Kapoli Spring is from the farther side, but on this side, there is a lot of water.

Mr. Hewitt: But when the old Hawaiians speak of Kapoli Spring, what did they mean?
Kalani: In the olden time, it is the place where people that were sick, they go there to recuperate.

Mr. Hewitt: What was as referred to when they spoke of Kapoli Spring?
Mr. Kalani: It means “bring to health."

Mr. Hewitt: what place did they mean when they say, Kapoli Spring?
Mr. Kalani: At the well that we dig, that is the place we call Kapoli. There is a wide space. That Kapoli was a wide space.

Commissioner: What does he mean by wide space, from here to the old church, or does he mean from here to down town?
Mr. Kalani: About the size of this room.

Mr. Hewitt: Moke, that place called "Pali Ha`i" has that Pali changed much since you were a boy?
Mr. Kalani: It has all fallen down.

Mr. Hewitt: How much has it changed since you were a boy?
Mr. Kalani: The sea hits it quite often, and the dirt loosen, the road is still there.

Mr. Hewitt: The same road that was there when you were a boy?
Mr. Kalani: Yes.

Mr. Hewitt: that is all.

Mr. Hewitt: When you dug that well at Kapoli, you did not finish it up?
Mr. Kalani: Because the water was running after, when it was low tide; so Cornwell told us to go there and dig it and bank it, on the makai side.

Mr. Hewitt: Did you bank it up with stones on the side?
[page 481]
Mr. Kalani: Yes.

Mr. Hewitt: Why did you bank it up with stones on the makai side?
Mr. Kalani: The sea gets in.

Mr. Hewitt: Now, did Mr. Baldwin ever ask you anything about Kapoli Springs?
Mr. Kalani: Yes.

Mr. Hewitt: What did you tell him about Kapoli Spring?
Mr. Kalani: I told him about the size of this room, that is Kapoli.

Commissioner: I wish you gentlemen to make a rough sketch where that house is and where the ocean comes in.

Moke Kalani on cross-examination

Mr. Merriam: Kalani, you knew, remember Henry Cornwell?
Mr. Kalani: Yes.

Mr. Merriam: Did you know his son, W.H. Cornwell?
Mr. Kalani: Yes.

Mr. Merriam: And did you know Jas. L. Cornwell?
Mr. Kalani: Yes.

Mr. Merriam: For whom had you worked in the Cornwell family?
Mr. Kalani: the elder Cornwell, Henry Cornwell.

Merriam: What was your work?
Mr. Kalani: Pulling sugar, carrying sugar.

Mr. Merriam: From what place to what place?
Mr. Kalani: From  Waikapu to Wailuku.

Mr. Merriam: You know the location of the old Cornwell house at the flat section on the shore of Maalaea Bay?
Mr. Kalani: Yes.

Mr. Merriam: What was that house built of?
Mr. Kalani: It is a sugar house.

Mr. Merriam: What material was it built of?
Mr. Kalani: Lumber, wooden.

Mr. Merriam: Was that house destroyed by fire?
Mr. Kalani: No, it was broken down.

Mr. Merriam: Is the new house on the same location as the old house? [page 482]
Mr. Kalani: there is no new house now.

Mr. Merriam: Ask him, if he recognizes the flat land, the Olowalu side of Maalaea Bay, where the present Cornwell house is (showing witness Applicants' Exhibit D); the house in which Jas. Cornwell now lives?
Mr. Kalani: Yes.

Mr. Merriam: Is that the same location that the first house that was built in early days, was built on?
Mr. Kalani: Yes.

Mr. Merriam: Who lived in that house, the first house?
Mr. Kalani: Well, the first house that was there, it was the, sugar house. There was no other house built on that place. The house that is built is on the other side.

Mr. Merriam: On the other side of what?
Mr. Kalani: On the Lahaina side.

Mr. Merriam: So that the present house, that Jas. L. Cornwell lives in is on the Lahaina side of this location?
Mr. Kalani: Yes.

Mr. Merriam: On the flat land?
Mr. Kalani: Yes.

Mr. Merriam: Near the sea?
Mr. Kalani: Yes.

Merriam: Makai of the Government road?
Mr. Kalani: Yes.

Mr. Merriam: Do you know who built the present house that Jas. L Cornwell lives in?
Mr. Kalani: Cornwell.

Merriam: Did he build it for his own use?
Mr. Kalani: Yes.

Merriam: Who lived in the same house with him as his wife?
Mr. Kalani: Kapu.

Mr. Merriam: This flat land on the Lahaina side of Maalaea bay, where the Cornwell house stands, is known under what name of land?
Mr. Kalani: Maalaea is the general name of the whole place.

Mr. Merriam: Is there any local name?
Mr. Kalani: No, known as Maalaea.

[page 483]
Mr. Merriam: The present Cornwell house is situated and located on whose land; does he know?
Mr. Kalani: Before the lands belong to him, now, I think it belongs to the Government.

Mr. Merriam: Do you know the location of the boundary line between the land of Waikapu and Ukumehame, makai of the Government road?
Mr. Kalani: Yes.

Mr. Merriam: Where is that boundary line; below the Government road?
Mr. Kalani: Right at the Spring that we dug is a cliff, rock; Waikapu is separated and Ukumehame is separated.

Mr. Merriam: How do you know that?
Mr. Kalani: Because Cornwell came down and told us not to dig the well on that place, because it belongs to Ukumehame.

Mr. Merriam: When you dug this well for Mr. Cornwell for the spring water, you dug a hole how wide and how deep?
Mr. Kalani: 6 feet deep and 4 feet wide.

Mr. Merriam: When did you dig this well, what year, or about what time?
Mr. Kalani: That is the thing I do not remember.

Mr. Merriam: Which Cornwell gave you orders to dig the well?
Mr. Kalani: Father.

Mr. Merriam: Henry?
Mr. Kalani: Yes.

Mr. Merriam: You spoke of Pali Ha`i section being about the same condition as it was when you were a boy, and said that the road is still there?
Mr. Kalani: It is a mark going up, that is the only thing left.

Mr. Merriam: He means that the road of his childhood days, is the old trail of to-day?
Mr. Kalani: Yes.

Mr. Merriam: And not the present Government road?
Mr. Kalani: No.

Mr. Merriam: "You made a statement that Kapoli was a wide space, [page 484] What did you mean by "Kapoli" when you said "Kapoli was a wide space"?    _.
Mr. Kalani: In the olden time, they call that place "Kapoli” a big space.

Mr. Merriam: You then indicate that Kapoli was a wide space?
Mr. Kalani: Yes.

Mr. Merriam: And mean by that, that it is a name given to a land area there?
Mr. Kalani: Yes.

Mr. Merriam: How many acres do you think there would be in the land called "Kapoli"?
Mr. Kalani: I think: it is over 2 acres.

Mr. Merriam: I think that is all.

Moke Kalani on re-direct examination

Mr. Hewitt: (showing witness a sketch) This little sketch drawn by Mr. Newton, represents here the road to Wailuku and this way to Lahaina; and this represents the Cornwell present house; where is your house located?
Mr. Kalani: My house is at Kalama.

Mr. Hewitt: Which way did you mean toward Wailuku or Lahaina?
Mr. Kalani: Toward Lahaina.

Mr. Hewitt: Where is the approximate location of Kapoli on this?
Mr. Kalani: It is not so close to the house, it is further over from the house.

Mr. Hewitt: Tell him this is the beach.
Mr. Kalani: (Points out X on the sketch) a big rock is just below. (rocks marked a,b,c).

Commissioner: He said that Kapoli was a piece of land approximately 2 acres; tell him to put a line on this side of the land and line on the other side as it runs on the coast; the land he knew as "Kapoli".

Mr. Kalani: There is a house, Haleole house.

Commissioner: Near the wharf?
Mr. Kalani: Not very close to the wharf. (Draws diagram from Haleole house passing the Cornwell house).

Mr. Merriam: What is that known by?
[page 485]
Mr. Kalani: I think that is 2 acres.

Mr. Merriam: And known by what name?
Mr. Kalani: Known as Kapoli.

Mr. Hewitt: Offer this sketch in evidence.

Moke Kalani on re-cross examination

Mr. Merriam: In your statement regarding the boundary below the Government road, you said it reached a cliff or rock; how high above sea level was that cliff or rock?
Mr. Kalani: Not very high.

Mr. Merriam: How many feet?
Mr. Kalani: Over three feet, about as high this table.

Mr. Merriam: Was the cliff or rock makai or mauka of that old trail of your boyhood days?
Mr. Kalani: At makai, lower.

Recess of ten minutes.

Mrs. Piimoku called and sworn.

John Ferreira as Hawaiian Interpreter.

Mr. Hewitt: Your name, please?
Mrs. Piimoku: Piimoku.

Mr. Hewitt: How old are you?
Mrs. Piimoku: 73.

Mr. Hewitt: Where were you born?
Mrs. Piimoku: Lahaina.

Mr. Hewitt: How long did you live there?
Mrs. Piimoku: I think I was about 15 years.

Mr. Hewitt: And then where did you go?
Mrs. Piimoku: Came to Waikapu.

Mr. Hewitt: Have you lived at Waikapu ever since?
Mrs. Piimoku: I lived in Wakapu [sic], married, had children and grandchildren.

Mr. Hewitt: You are almost a kamaaina?
Mrs. Piimoku: I am a kamaaina at this time.

Mr. Hewitt: Do you know where Kapoli Spring is?
Mrs. Piimoku: It is where it is until now.

Mr. Hewitt: Where is that?
[page 486]
Mrs. Piimoku: At Maalaea.
Mr. Hewitt: Where in relation to the Cornwell beach house?

Mrs. Piimoku: Cornwell house is quite a distance, this spring is near the rocks.
Mr. Hewitt: How many?

Mrs. Piimoku:  Lot of aa there, stones there.

Mr. Hewitt: Are there any unusually  large stones there?
Mrs. Piimoku: That is where they leave the naval of children; in those rocks.

Mr. Hewitt: How many of those big rocks?
Mrs. Piimoku: Two.

Mr. Hewitt: And what did they use to do with those rocks?
Mrs. Piimoku: I do not know. The people, older people say
to put the navel there and the children go and come back to the parents.

Mr. Hewitt: They us used two of those rocks for that?
Mrs. Piimoku: There is only one stone they reserve for that, makai of the spring, there is a flat rock there.

Mr. Hewitt: Making how many large stones?
Mrs. Piimoku: Two.

Mr. Hewitt: Are there any smaller rocks?
Mrs. Piimoku: Lot of them; it is a point.

Mr. Hewitt: Where in relation to these rocks is Kapoli spring?
Mrs. Piimoku: Rocks are makai and Kapoli is mauka side, only a little spot; when Cornwell raised cattle and dug it up, dug it up for place for the cattle to drink.

Mr. Hewitt: Right near the spring?
Mrs. Piimoku: Yes.

Mr. Hewitt: Is that the only spring known by the Hawaiians as "Kapoli Spring"?
Mrs. Piimoku: Yes.

Mr. Hewitt: Do you know, Piimoku, that place where the cliff goes up straight on the Lahaina aide of Kapoli?
Mrs. Piimoku: Pali Ha`i.

Hewitt: Where does Pali Ha`i i begin as you go from the Cornwell house toward. Lahaina?
Mrs. Piimoku: It commences from Pohaku Puupuu, goes to Pali [page 487] Ha`i, and then to Waiku`i.

Mr. Hewitt: What is this Pohaku puupuu?
Mrs. Piimoku: Stones lumpy, here and there.
Mr. Hewitt: How big are those lumps of stones?
Mrs. Piimoku: Just like my fingers.

Mr. Hewitt: How big is the whole lump?
Mrs. Piimoku: this big rock between  those rocks, are the small ones, like marble.

Mr. Hewitt: Where is Pohaku puupuu in regard to the big Pali?
Mrs. Piimoku: right close.

Mr. Hewitt: How close is it to Pali Ha`i?
Mrs. Piimoku: About a space, there is a road, ally, leading between these rocks going to the beach.

Mr. Hewitt: Between Pali Ha`i and  Puupuu?
Mrs. Piimoku: Yes, there is a road for people to go to fishing.

Mr. Hewitt: On the beach?
Mrs. Piimoku: Yes.

Mr. Hewitt: How long has Pohaku puupuu been in that location?
Mrs. Piimoku: I am old now; has been there all that time.

Mr. Hewitt: Has it been there ever since you can remember?
Mrs. Piimoku: It has been there all the time until now.

Mr. Hewitt: You say that Pali Ha`i extends over to Waiku`i?
Mrs. Piimoku: Waiku`i is above Cornwell's house.

Mr. Hewitt: Which way?
Mrs. Piimoku: Waikapu side.

Mr. Hewitt: What is there?
Mrs. Piimoku: The water of Waiku`i.

Mr. Hewitt: You said awhile ago, that Pali Ha`i runs from Pohaku puupuu to Waiku`i?
Mrs. Piimoku: Yes.

Mr. Hewitt: In what direction are you going from Cornwell's house when you go from Pali Ha`i to Waiku`i?
Mrs. Piimoku: On the Ukumehame side, going this way.

Mr. Hewitt: So Waiku`i is on the Ukumehame side of the Cornwell beach house?
Mrs. Piimoku: That is what I think.

Mr.Hewitt: What is there at Waiku`i?
[page 488]
Mrs. Piimoku: There is a little well, where the people go and drink, Hawaiians use [used]  to go and drink.

Mr. Hewitt: Was there as much water there as Kapoli?
Mrs. Piimoku: No, Kapoli has more water.

Mr. Hewitt: Do you know of any other spring in that vicinity besides Waiku`i and Kapoli?
Mrs. Piimoku: Right above Kapoli, when they blasted rock for the road, they found water.

Mr. Hewitt: I mean in the olden days?

Mrs. Piimoku: No, no other but the two.

Mr. Hewitt: Has there been much change in, that coast in Pali Ha`i i since you were a child?
Mrs. Piimoku: No, just the same. When it is very high tide, hits on the rock and dirt goes off.

Mr. Hewitt: How much change has taken place in the Pali, how much has it gone back, since you were a child.
Mrs. Piimoku: I think it is only one foot.

Mr. Hewitt: That is all.

Mr. Merriam: No cross-examination.

Mr. Hewitt: That concludes contestants' case.
Commissioner: Contestants rest.

Recess.

Joseph Cockett called and sworn

Mr. Merriam: Your name is what?
Mr. Cockett: Joseph Cockett.

Mr. Merriam: Where do you reside?
Mr. Cockett: Waikapu.

Mr. Merriam: For how long have you resided there?
Mr. Cockett: My birthplace.

Mr. Merriam: Are you acquainted with Kamaka Kailianu?
Mr. Cockett: Yes air, I know him well.

Mr. Merriam: Did you go with Mr. Baldwin to see Mr. Kamaka Kailianu at Waikapu?
Mr. Cockett: Yes sir.

Mr. Merriam: Did Mr. Baldwin ask Kamaka Kailianu what he knew of the boundary line between the two lands of [page 489] Ukumehame and Waikapu at the beach makai of the Government road?
Mr. Cockett: I do not know.

Mr. Merriam: Did Mr. Baldwin ask Kamaka Kailianu what he knew of the boundary line between the two lands of Ukumehame and Waikapu?
Mr. Cockett: Yes.

Mr. Merriam: What did Kamaka Kailianu say?
Mr. Cockett: He says up the road on X, the boundary, and he stated that was flat stone marked X; that is I never know. Mr. Baldwin said he found it out.

Mr. Merriam: What did he say about his knowledge of the boundary line between Ukumehame and Waikapu?
Mr. Cockett: He stated he did not know.

Mr. Merriam: He didn't know anything about that section of the boundary line?
Mr. Cockett: He stated he did not know.

Mr. Hewitt: Did Mt. Baldwin ask Kailianu where Kapoli spring was?
Mr. Cockett: Yes.

Mr. Hewitt: He told Mr. Baldwin?
Mr. Cockett: Yes, and he said he knows the spring water.

Mr. Hewitt: What did Mr. Baldwin say when the conversation was finished?
Mr. Cockett: Nothing.

Mr. Hewitt: He did not say it was a hard case?
Mr. Cockett: He said he could not find out the regular kamaaina.

Mr. Hewitt: Did he make a remark "hard case"?
Mr. Cockett: I did not hear that.

Mr. Merriam: That closes our case.

Argument by counsel.
[page 490]
Commissioner: In the Matter of the Settlement of the Boundaries of Kapoino, on appeal from the Boundary Commissioner to our Supreme Court, (Volume 8, page 2), the Court says:

"Testimony of persons familiar with the boundaries of lands in this Kingdom is becoming more and more difficult to obtain as the old Hawaiians die off; and appeals from Boundary Com missioners present questions of fact difficult to settle."

Thirty eight (38) years later the undersigned, as Commissioner, is much impressed with the correctness of this statement.

The Commissioner accepted the opportunity of inspecting the several localities said to play a part in marking the boundary line between Waikapu and Ukumehame; among others the wind-ridden spot referred to in the testimony as "Ridge Point A", where even a metal weather-cock would be warranted in striking because of long hours. On “Ridge Point A" we found several piles of stone. Perhaps, more correctly speaking these should be referred to as having formerly been piles of stone; Down through the years, as Surveyors have had occasion to visit this ridge, each has made an 'honest guess' as to which pile of stones really represented the true ridge point in the Alexander survey.
From the evidence, oral and documentary, aided very much by a personal: view of the premises, the Commissioner feels quite satisfied, and finds, that the particular point on the ridge, as claimed by Petitioners, and as determined by M. Erdmann D. Baldwin, to be the true crown top point is approximately correct. It is on the ridge. It appears to be the highest point. It is a station from which other points, both above and below, are clearly visible.

[page 491]
Decision
Upon the evidence adduced; proceedings had, and information derived from a personal inspection of the several points involved, the Commissioner decides that the true, lawful and equitable boundaries of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, are as claimed by the Applicants, to-wit:

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 55' 16,300 feet from a granite post, marking the southeast corner of the Ahupuaa of Wailuku, and running by true azimuths:

1. 115° 55' 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the co-ordinates of said Pohakoi rock, referred to Luke Trig. Station, (of the U. S. Coast and Geodetic Survey), are 4438.90 feet south and 3092.05 feet west;
2. 106° 151 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge, to stone post, on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up on the top of this ridge, to a point on the main Iao Valley ridge. The direct azimuth and distance being 83° 30' 3480.0 feet;
5. Thence along Wailuku, along up the center of the ridge, following the watershed, to the top of the ridge, forming the head of Ukumehame Valley; the direct azimuth and distance being 67° 00' 12,460.0 feet.
6.  Thence along Ukumehame, along the top of the ridge, along Ukumehame Valley, to the top of the ridge, forming the southeast head of Ukumehame valley; the direct azimuth and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the top of the ridge following the water shed, to the Forest Reserve monument, on top of Puu Anu Hill, the direct azimuth and distance being 325° 50' 5095.0 feet; [page 492]
8. Thence along Ukumehame, along down the top of the ridge, along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3676.0 feet;
9.  hence along Ukumehame, along down the ridge along the south side of Pohakea Gulch, to a 1 1/4 inch galv. pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02+ 30" 6891.0 feet;
10.  258° 37' 30" 4216.8 feet, along Ukumehame, to a cross on large rock. The cross on large rock is located 85 feet mauka from the present Government Road, and bears from Puu Hole Trig. Station, by azimuth and distance 144° 15' 1238.2 feet;
11. 14° 45' 9563.4 feet, along Ukumehame, passing over three one inch pipes, set in concrete monuments, one at 8925.0 feet, located on the north side of the road to Lahaina, the second at 9308.2 feet, and the third at 9444.6 feet. The azimuth 14° 45', is used on this line, as established by S.M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
12. Thence down the pali to the Sea-coast, on azimuth 296° 20' 147.0 feet
13. Thence along the sea, to a point, about 75 feet south of the old Maalaea Wharf, said point being azimuth and distance 338° 27' 135.0 feet' from a one inch pipe in concrete monument, located on the mauka side of the Government Road, near the bend of said road. The direct azimuth and distance from end of course 12, being 226° 57' 1412.4 feet;
14. Thence along the sea, to the boundary of Pulehunui, - the direct azimuth and distance being 279° 21' 15,366.5 feet;
15. 180° 24' 3538.0 feet, along Pulehunui, to a stone marked thus [curving up arrow];
16. 170° 08' 9383.0 feet along Pulehunui191° 49' 4312.0 feet along Pulehunui, to a stone marked thus [curving up arrow], amongst a lot of stones;
17. 229° 45' 5147.0 feet along Pulehunui;
18. 228° 51' 1780.0 feet along Pulehunui to the point of beginning.
Containing an area of 15,690 Acres, (more or less).

D.H. Case, Commissioner of Boundaries, Second Judicial Circuit, Territory of Hawaii.
[page 493]

See Decision of Supreme Court in re Appeal of this case in 31 Haw. 31, 118, also this book for new certificate No. 230 on pages 529-532.

The Ahupuaa of Waikapu in the District of Wailuku, Island of Maui, Territory of Hawaii, Royal Patent (Grant) 3152, to Henry Cornwell

Before the Commissioner of Boundaries, Second Judicial Circuit,
Daniel H. Case, Esquire, Commissioner

In The Matter of The Boundaries of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii.

Certificate
As Commissioner of Boundaries for the Second Judicial Circuit, Territory of Hawaii, I hereby certify that the true lawful and equitable boundaries of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, are as follows

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 55' 16,300 feet from a granite post, marking the southeast corner of the Ahupuaa of Wailuku, and running by true azimuths:

[page 494]

1. 115° 55' 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the co-ordinates of said Pohakoi rock, referred to Luke Trig. Station, (of the U. S. Coast and Geodetic Survey), are 4438.90 feet south and 3092.05 feet west;
2. 106° 151 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge, to stone post, on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up on the top of this ridge, to a point on the main Iao Valley ridge. The direct azimuth and distance being 83° 30' 3480.0 feet;
5. Thence along Wailuku, along up the center of the ridge, following the watershed, to the top of the ridge, forming the head of Ukumehame Valley; the direct azimuth and distance being 67° 00' 12,460.0 feet.
6.  Thence along Ukumehame, along the top of the ridge, along Ukumehame Valley, to the top of the ridge, forming the southeast head of Ukumehame valley; the direct azimuth and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the top of the ridge following the water shed, to the Forest Reserve monument, on top of Puu Anu Hill, the direct azimuth and distance being 325° 50' 5095.0 feet; [page 492]
8. Thence along Ukumehame, along down the top of the ridge, along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3676.0 feet;
9.  hence along Ukumehame, along down the ridge along the south side of Pohakea Gulch, to a 1 1/4 inch gale. pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02+ 30" 6891.0 feet;
10.  258° 37' 30" 4216.8 feet, along Ukumehame, to a cross on large rock. The cross on large rock is located 85 feet mauka from the present Government Road, and bears from Puu Hole Trig. Station, by azimuth and distance 144° 15' 1238.2 feet; [page 495]
11. 14° 45' 9563.4 feet, along Ukumehame, passing over three one inch pipes, set in concrete monuments, one at 8925.0 feet, located on the north side of the road to Lahaina, the second at 9308.2 feet, and the third at 9444.6 feet. The azimuth 14° 45', is used on this line, as established by S.M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
12. Thence down the pali to the Sea-coast, on azimuth 296° 20' 147.0 feet
13. Thence along the sea, to a point, about 75 feet south of the old Maalaea Wharf, said point being azimuth and distance 338° 27' 135.0 feet' from a one inch pipe in concrete monument, located on the mauka side of the Government Road, near the bend of said road. The direct azimuth and distance from end of course 12, being 226° 57' 1412.4 feet;
14. Thence along the sea, to the boundary of Pulehunui, - the direct azimuth and distance being 279° 21' 15,366.5 feet;
15. 180° 24' 3538.0 feet, along Pulehunui, to a stone marked thus [curving up arrow];
16. 170° 08' 9383.0 feet along Pulehunui191° 49' 4312.0 feet along Pulehunui, to a stone marked thus [curving up arrow], amongst a lot of stones;
17. 229° 45' 5147.0 feet along Pulehunui;
18. 228° 51' 1780.0 feet along Pulehunui to the point of beginning.
Containing an area of 15,690 Acres, (more or less).

In Witness whereof, I have hereunto set my hand this 30th day of December 1927.
D.H. Case, Commissioner of Boundaries, Second Judicial Circuit, Territory of Hawaii.


Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, Maui, Volume 3, No. 2, pps. 529-532

[Margin note:] See this book page 493 for first Certificate No. 230 and Decision of Supreme Court on appeal by Territory in 31 Haw. 43, 118.

Before the Commissioner of Boundaries in and for the Second Judicial Circuit, Territory of Hawaii.

In the Matter of the Application of the Wailuku Sugar Company, and the Hawaiian Commercial & Sugar Company, for a Certificate of Boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui.

Commissioner: Daniel H. Case

Certificate of Boundaries No. 230 Certificate Boundaries in Conformity with the Decision of the Supreme Court of the Territory of Hawaii

In the above entitled proceeding for the settlement and a certificate of boundaries for the Ahupuaa of Waikapu, located in the District of Waikapu, Island of Maui, Territory of Hawaii, pursuant to the Decision of the Supreme Court made and entered in said cause on an appeal heretofore taken from the Decision of the Commissioner of Boundaries, Second Judicial Circuit, said Commissioner, in conformity with the Decree of the Supreme Court, finds the boundaries of said Waikapu to be as follows

[page 530]
That the true, lawful and equitable boundaries of the Ahupuaa of Waikapu, in the District of Waikapu, Island of Maui Territory of Hawaii, are as follows:

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being, by azimuth and distance, 115° 55' 16,300 feet from a granite post, marking the south-east corner of the Ahupuaa of Wailuku, and running by true azimuths:

1. 115° 55' 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the coordinates of which said Pohakoi rock, referred to Luke Trig. Station (of the U. S. Coast and Geodetic Survey), are 4438.80 feet South and 3092.05 feet west;
2. 106° 15' 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge to stone post, on the crest of ridge, known as Kalapaokailio
4. Thence along Wailuku, along the top of this ridge, to a point on the main Iao Valley Ridge, the direct azimuth and distance being 83° 30' 3480.0 feet;
5.  Thence along Wailuku, along the center of the ridge, following the watershed, to the top of the ridge forming the head of Ukumehame Valley; the direct azimuth and-distance being 67° 00' 12,460.0 feet;
6. Thence along Ukumehame, along the top of the ridge along Ukumehame Valley, to the top of the ridge forming the south-east head of Ukumehame Valley; the direct and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the crest of the ridge following the watershed, to the Forest Reserve monument, on top of Puu Anu Hill, the direct azimuth and distance being 325° 50' 5085.0 feet;
[page 531]
8. Thence along Ukumehame, along down the crest of the ridge, along the south side of Pohakea Gulch, to a 1-1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3676.0 feet;
9.  Thence along Ukumehame, along down the ridge along the south side of Pohakea Gulch, to a 1-1/4 inch gale. pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02' 30" 6891.0 feet;
10. 258° 3' 30" 4216.8 feet, along Ukumehame, to a cross on large rock. the cross on large rock is located 85 feet mauka from the present Government Road, and bears from Puu Hele Trig. Station, by azimuth and distance 144° 15' 1238.2 feet;
11. 14° 30' 9085.0 feet along the East boundary of the land of Ukumehame to high water mark at the seashore, being the point where a direct course from the cross on large rock mentioned in the preceding course, to Kapoli Spring, intersects the seashore at high water mark, and being also the southwest corner of the land of Waikapu;    the direct azimuth and distance from said point at the seashore (marking said southwest corner of the land of Waikapu) to an iron bolt at Kapoli spring, being 14° 30' 134.0 feet; said line from said point at the seashore to Kapoli Spring crossing and subtending below high water mark, a small indent or bay of the sea;
12. Thence along the sea to a point on the sea shore at high water mark about 75 feet south of the old Maalaea Wharf, said point being by direct azimuth and distance 338° 27' 135.0 feet from a 1 inch pipe in a concrete monument situate on the mauka side of the government road, near the bend of said road; and the direct azimuth and distance from the end of Course 11 to the said point on the seashore, about 75 feet south of the old Maalaea Wharf, being 246° 02' 1098.4 feet;
13. Thence along the sea to the boundary of Pulehunui, the direct azimuth and distance being 269° 21; 15,366.5 feet;
[page 532]
14. 180° 24' 3838.0 feet along Pulehunui, to a stone marked thus [curving up arrow];
15. 170° 08' 9383.0 feet along Pulehunui;
16. 191° 49' 4312.0 feet along Pulehunui, to a stone marked thus [up arrow to right], amongst a lot of stones;
17. 229° 45' 6147.0 feet along Pulehunui;
18. 228° 51' 1780.0 feet along Pulehunui to the point of beginning:
Containing an area of 15,684 Acres.

For earlier proceedings had in this matter refer to pages 491-494 of this Volume.
Dated at Wailuku, Maui, Territory of Hawaii, this 22nd day of March 1935.
D.H. Case, Commissioner of Boundaries, Second Judicial Circuit Territory of Hawaii.

[No. 230, Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, 15684 Acres, 1935]
Certification: 230
Ahupua`a: Waikapu
District: Wailuku
Island: Maui
Ownership: Wailuku Sugar Co. et al.
Misc:
Year: 1935
Statistics: 262169 characters 42491 words
Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, Maui, Volume 3, No. 1, pps. 87-97

Before the Commissioner of Boundaries in and for the Second Judicial Circuit, Territory of Hawaii.

In the Matter of the Application of the Wailuku Sugar Company, and the Hawaiian Commercial & Sugar Company, for a Certificate of Boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui, Territory of Hawaii

Commissioner: Daniel H. Case.

Under date of June 30th, 1925, the Wailuku Sugar Company, an Hawaiian Corporation, and the Hawaiian Commercial and Sugar Company, a California Corporation, filed their Petition alleging that they are the owners of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, and applied, on behalf of said Wailuku Sugar Company and Hawaiian Commercial and Sugar Company, for a decision and certificate of boundaries of said Ahupuaa of Waikapu, according to the provisions of Chapter 42 of the Revised Laws of Hawaii, 1925.

Applicants further allege that the Ahupuaa of Waikapu, in the District of Wailuku aforesaid, was awarded, by name only, "to Henry Cornwell by Royal Patent (Grant) 3152.”

[page 88]
Also alleging that the following in a description by true azimuths of the outside boundaries of said Ahupuaa of Waikapu; that the said Ahupuaa of Waikapu is joined on all sides, with the exception of one side, by lands owned by the said Petitioners, the Wailuku Sugar Company and Hawaiian Commercial and Sugar Company.

That the only land joining same, owned by others, is the Ahupuaa of Ukumehame, joining on the west side, and owned by the Territory of Hawaii.

That no inquiry or determination as to the boundaries of kuleanas, etc., located within, or partly within this Ahupuaa of Waikapu, is sought by this petition.

A map was also attached to and submitted with the application, showing the location, natural topographical features, prominent and other marks along boundary lines, and more particularly described as follows:

Description of the Ahupuaa of Waikapu, Located On The Island Of Maui

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 551 16,300 feet from a granite post marking the southeast corner of the Ahupuaa of Wailuku, and running by true azimuths:

1. 115° 55' 19,730.0 feet, along Wailuku to Pohakoi, marked rock, the coordinates of said Pohakoi rock, referred to Luke Trig. Station, (of the U. S. Coast and Geodetic Survey) are 4438.90 feet south and 3092.05 feet west;
2. 106° 15' 5,326.2 feet, Along Wailuku, up ridge;

[page 89]
3. 97° 30' 1,108.6 feet &long Wailuku, up ridge, to stone post on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up the center of the ridge, following the watershed, to the top of the ridge, forming the head of Ukumehame Valley;
5. Thence along Ukumehame, along the top of the ridge, along Ukumehame Valley to the top of the ridge, forming the southwest head of Waikapu Valley, and along the top of this ridge along Ukumehame Valley to the top of the ridge, forming the southeast head of Ukumehame Valley;
6. Thence along Ukumehame, along the top of the ridge forming the east side of Manaiwainui Valley, to a point on this ridge;
7. 314° 32' 3,570.0 feet, along Ukumehame;
8. 276° 51' 6,540.0 feet along Ukumehame;
9. 259° 40' 3,967.0 feet along Ukumehame, to a cross on large rock. The cross on large rock is located 85 feet mauka from the Present Government Road, and bears from Puu Hele Trig. Station by azimuth and distance 144° 15' 1238.2 feet;
10. 14° 45' 9,563.4 feet, along Ukumehame, Passing over three one inch pipes, set in concrete monuments, one at 8925.0 feet, located on the north side of the road to Lahaina, the second at 9308.2 feet, and the third at 9444.6 feet.

The azimuth 14° 45' is used on this line, as established by S. M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
11. Thence down to the sea and along the sea to the boundary of Pulehunui;
12. 180° 24' 3,538.0 feet, along Pulehunui, to a stone marked thus [right arrow curving up];
13. 17° 08' 9,383.0 feet. along Pulehunui;
14. 191° 49, 4,312.0 feet, along Pulehunui, to a stone marked thus [right arrow curving up], amongst a lot of stones;
15. 229° 45: 5,147.0 feet, along Pulehunui;
16. 228° 51' 1,780.0 feet, along Pulehunui, to the point of beginning.
Containing an area of 15,374 acres, more or less)

[page 90]
Under date of February 4th, 1926, the Applicants filed an amended petition alleging that they are the owners of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, and applied, on behalf of said Wailuku Sugar Company and Hawaiian Commercial and Sugar Company, for a decision and certificate of boundaries of said Ahupuaa of Waikapu, according to the provisions of Chapter 42 of the Revised Laws of Hawaii, 1925.

In this amended petition the applicants state that the Ahupuaa of Waikapu, in the District of Wailuku aforesaid, was awarded, by name only, to Henry Cornwell, by Royal Patent (Grant) 3152.

The applicants, in their amended petition, stating that the following is the description by true azimuths, of the outside boundaries of said Ahupuaa of Waikapu; and that the said Ahupuaa of Waikapu is joined on all sides, with the exception of one side, by lands owned by said petitioners   the Wailuku Sugar Company and Hawaiian Commercial and Sugar Company;

That the only land adjoining same, owned by others, is the Ahupuaa of Ukumehame joining on the west sides and owned by the Territory of Hawaii.

That no inquiry or determination as to the boundaries of kuleanas, etc., located within or partly within the Ahupuaa of Waikapu, is sought by this petition,

[page 91]
An amended map was attached to and submitted with this amended Petition. Showing the location, natural topographical features, prominent and other marks along the boundary lines, and more particularly described as follows:

Amended Description of the Ahupuaa of Waikapu, Located in the District of Wailuku, Island of Maui.

Beginning at the northeast corner of this land at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 551 16,300 feet from a granite Posts marked the southeast corner of the Ahupuaa of Wailuku. and running by true azimuths:

1. 115° 55, 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the coordinates of said Pohakoi rock, referred to Luke Trig. Station (of the U. S. Coast and Geodetic Survey), are 4438.90 feet South and 3092.05 feet West;
2. 106° 15' 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge, to stone post, on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up on the top of this ridge, to a point on the main Iao Valley ridges, The direct azimuth and distance being 83° 30' 3,480.0 feet;
5. Thence along Wailuku, along up the center of the ridges following the watershed, to the top of the ridge, forming the head of Ukumehame Valley; the direct azimuth and distance being 67° 00' 12,460.0 feet;
6, Thence along Ukumehame, along the top of the ridges along Ukumehame Valley, to the top of the ridge, forming the Southeast head of Ukumehame Valley; the direct azimuth and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the top of the ridge [page 92] following the water shed, to the Forest Reserve monument, on top of Puu anu hill, the direct azimuth and distance being 326° 50' 0.095.0 feet;
8. Thence along Ukumehame, along down the top of the ridge, along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3,676.0 feet;
9. Thence along Ukumeheme, along down the ridge along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02' 30” 6,891.0 feet;
10. 258° 37' 30" 4,216.8 feet, along Ukumehame, to a cross on large rock. The cross on large rock, is located 85 feet mauka from the present Government Road, and bears from Puu Hele Trig. Station, by azimuth and distance 144° 15' 1,238.2 feet;
11. 14° 45' 9,563.4 feet, along Ukumehame, passing over three one inch pipes, set in concrete monuments, one at 8,925.0 feet, located on the north side of the road to Lahaina, the second at 9,308.2 feet, and the third at 9,444.6 feet; The azimuth 14° 45' is used on this line, as established by S. M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
12. Thence down the Pali to the sea coast, on azimuth 296° 20' 147.0 feet;
13. Thence along the sea, to a point, about 75 feet south of the old Maalaea Wharf, said point being azimuth and distance 338° 27' 135.0 feet, from a one inch pipe in concrete monument, located on the mauka side of the Government Road, near the bond of said road; the direct at azimuth and distance from end of course 12, being 226° 57; 1412.4 feet;
14. Thence along the sea, to the boundary of Pulehunui, the direct azimuth and distance being 279° 21' 15,368.5 feet;
[page 93]
15. 180° 24' 3,538.0 feet. along Pulehunui, to a stone marked thus [right arrow curving up]
16. 170° 08' 9,383.0 feet along Pulehunui;
17. 191° 49' 4,312.0 1 feet along Pulehunui, to a stone marked thus [right arrow curving up] , amongst a lot of stones;
18. 229° 45' 5,147.0 feet along Pulehunui;
19. 228° 51' 1,780.0 feet along Pulehunui to the point of beginning.
Containing an area of 15,690 Acres, (more or less).

Hearing on the above application was set, before the undersigned, as Commissioner of Boundaries for the Second Judicial Circuit, at Wailuku, Maui, Territory of Hawaii, on Tuesday, the 7th day of September, 1926, at 10:00 o'clock a.m., of said day.

Notices of hearing, specifying the time and place thereof, were published as follows:

In the 'Maui News', a newspaper published in the English language, In Wailuku, Maui, Territory of Hawaii, publication of said notice in said paper being under dates of August 18th 1926, August 25th, 1926, and September 1st, 1926; and

In the 'Nupepa Kuakoa', a weekly newspaper published in the Hawaiian Language, in Honolulu, City and County of Honolulu, Territory of Hawaii, publications of said notice in said paper being under dates of August 19th, 1926, August 26th, 1926, and September 2nd, 1926.

[page 94]
Written or printed notices of said hearing, specifying the time and place thereof, and signed by the Commissioner, were sent, by registered mail, long before the date set for hearing said application, to the Petitioners, (Wailuku Sugar Company and the Hawaiian Commercial and Sugar Company), and Mr. Charles T. Bailey, Commissioner of Public Lands, Honolulu, Territory of Hawaii.

(Note by Commissioner: In re settlement and certificate of boundaries for a portion of the Ahupuaa of Waiehu; in re settlement and certificate of boundaries of the Ili of Kalua; and in re settlement and certificate of boundaries of Waikapu; these applications were present to the Commissioner on the same day.)

Present: Daniel H. Case, Commissioner of Boundaries; H. B. Penhallow, Manager, Wailuku Sugar Company Wailuku, Maui; E. D. Baldwin, Surveyor, Wailuku. Maui; J. H. Foss, Civil Engineer, Hamakuapoko, Maui; A. Garcia, Sub Agent, 4th Land District, Wailuku, Maui; Mrs. Sarah Kahalehu [Kahaleku]; Huakini Enos; and John V. Cockett, as Hawaii an Interpreter; Mrs. Edith L. Sinclair acted as stenographer for the Commissioner of Boundaries.

At the time and place set for hearing said application on its merits, to wit, Tuesday, September 7th 1926, at 10:00 o'clock a.m., in the Circuit Court Room of the Circuit Court of the Second Judicial Circuit, Wailuku, Maui, Territory of Hawaii, the following proceedings were had:

[page 95]
Commissioner: There is no one to call other than the applicant, is there?
Mr. Penhallow: Not unless there is come one to object.

Mr. Garcia: The Territory wants to enter an objection, and asks for a continuance for thirty (30) days.

The Commissioner: Have you any objection?
Mr. Penhallow: Thirty days is satisfactory.

Commissioner: Is the Hawaiian Commercial and Sugar Company represented?
Mr. Foss: They have no objection to a continuance.

Commissioner: On behalf of the Territory, Mr. Garcia, what is your authority?
Mr. Garcia: A letter from the Commissioner of Public Lands, and I am Sub land Agent.

Commissioner: Would you submit a copy of the letter – or the letter?
Mr. Garcia: Very well.

(The following is a copy of the letter referred to.)
Honolulu, T. H. September 4, 1926. Mr. Antonino Garcia, Sub Agent, 4th Land District, Wailuku, Maui.

Dear Sir: The Wailuku Sugar Company has made application to the Boundary Commissioner of Maui, Judge D. H. Case, for settlement of boundaries of the following lands:

(1) Ili of Kalua in the Ahupuaa of Wailuku,
(2) Portion of the Ahupuaa of Ahikuli and Pohakunui and Ili of Kuunahawelu, a lele of the ili of Ahikuli,
(3) Ahupuaa of Waikapu.

The descriptions submitted to the boundary commissioner by the applicant purporting to be the true boundaries of the lands named above, have been checked by the Survey office, and have been found correct with the exception of that of the Ahupuaa of Waikapu, the last named above.

[page 96]
The hearing by the Boundary Commissioner will be held at 10:00 o'clock a.m., Tuesday, September 6th, in Judge Case's Court Room, in Wailuku, and we ask that you appear at this hearing, and on behalf of the Government, to agree to the boundaries as submitted, of the lands named in the first two items above, but as to the boundaries of the third item, Ahupuaa of Waikapu, you will please enter an objection, and ask the Boundary Commissioner that an extension of thirty days be entered in this case. This extension is required to permit the Government to complete the title study that is being made in this case.

Mr. Merriam, of C. Brewer and Company, informs us that he is writing Mr. Penhallow, who will be at the hearing, representing the Wailuku Sugar Company, that this request is to be made by you on the part of the Territory, and that he will enter no objection to the request.

Please be sure to be at this hearing, and carry out the instructions herein contained.
Very truly yours, Office of the Commissioner of Pub. Lands,
by (Signed) A. A. Dunn, Chief Clerk, Sub Agent 5th Land District.”

Commissioner: The request of the Territory may be entered   the applicants not opposing the request   and the application of the Wailuku Sugar Company and the Hawaiian Commercial and Sugar Company for a certificate of boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui, Territory of Hawaii, will be continued until Tuesday, October 12th, 1926, at 10:00 a.m., in these Chambers.

October 11th, 1926.

On October 11th, 1926. Mr. A. Garcia, Sub Agent, 4th Land District of Wailuku, Maui, appeared and asked for a continuance of the above matter on behalf Of the Territory, and presented the following letter:

"Mr. A. Garcia, Sub Agent, 4th Land District, Wailuku, Maui.
Dear Sir: You will recall that the hearing before the Boundary Commissioner in the matter of the boundaries of the Ahupuaa of Waikapu was postponed to October 12th, 1926. it appears advisable to ask for a further continuance of this hearing in order to secure additional data, and [page 97] you will please appear before the Boundary Commissioner on the above date and ask for a continuance to November 30, 1926.

We have discussed the matter with Mr. Merriam, of Brewer & Co., who is agreeable to this continuance and I believe has written Mr. Penhallow to appear and agree to continuance to above date.

I suggest that you get in touch with Mr. Penhallow before October 12th, 80 that there will be no misunderstanding in the matter.
Very truly yours, (Signed)
C.T. Bailey, Commissioner of Public Lands.”

There being no objection to the continuance the hearing was continued to November 30th, 1926.

November 27th, 1926.

On November 27th, 1926, Mr. A. Garcia, Sub Agent, 4th Land District, of Wailuku, Maui, appeared before the Commissioner of Boundaries, and asked for a continuance of the above matter on behalf of the Territory, and presented the following letter:

“Honolulu, November 26th, 1926. Mr. A. Garcia, Sub Agent, 4th Land District, Wailuku, Maui. Dear Sir:
The hearing before the Boundary Commissioner in the matter of the Boundaries in the Ahupuaa of Waikapu is set for Monday, November 30th.

The Deputy Attorney General, who was to appear for the Territory at this hearing is ill, and you will please appear before the Boundary Commissioner on the date set for hearing and ask for a continuance to January 11th 1927.
Very truly yours,
(Signed)  C.T. Bailey. Commissioner of Public Land.”

There being no objection to the continuance the hearing was continued to January 11th, 1927, (Tuesday.)
(This case continued on page 358 of Boundary Commissioner's Record.)


Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, Maui, Volume 3, No. 2, pps. 358-495

Note this case continued from page 97 of Boundary Commissioner's Record.

Before the Commissioner of Boundaries in and for the Second Judicial Circuit, Territory of Hawaii

In the Matter of the Application of the Wailuku Sugar Company, and the Hawaiian Commercial & Sugar Company for a Certificate of Boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui.

Commissioner: Daniel H. Case.

Continued from Page ninety (97) seven. Hearing on above was set for January 11th, 1927; and from that date was continued without day; later was set for February 15th, 1927; continued to April 19th, 1927; continued from the latter date to June 21st, 1927, and then again to July 8th, 1927.

On Friday, the 8th day of July 1927, the Commissioner proceeded with the hearing, (upon. its merits), of the application for the Settlement and Certification of the Boundaries of the Ahupuaa of Waikapu. At this time the following persons were present: Daniel H. Case, Commissioner; H. B. Penhallow, Manager, of Wailuku Sugar Company; J. H. Foss, Surveyor, representing the Hawaiian Commercial and Sugar Company; Chas. H. Merriam, representing the Wailuku Sugar Company and Hawaiian Commercial and Sugar Company at this hearing; Harry R. Hewitt, Deputy [page 359] Attorney General, for the Territory of Hawaii; Herbert E. Newton, Chief Assistant Surveyor, of the Territorial Survey Department; Francis Kanahele, with the Territorial Survey Department; Erdmann D. Baldwin, Surveyor; Mrs. Edith L. Sinclair, Stenographer, and John Ferreira, as Hawaiian Interpreter.

Later in the hearing - portion of July 11th, 1927, and all of July 12th, 1927, (pages 438 to 489, both inclusive, of Boundary Commissioners Record), Mrs. Iwa Betts acted as Stenographer.
Proceedings were then had, the oral testimony of witnesses taken, and numerous exhibits offered in evidence by the Applicants, and the Territory of Hawaii, contestant, as follows:

[page 360]
Mr. Merriam: The first statement that we would like to make, which I take it the Representative of the Government will agree to, is that the land in question is owned in part by the Hawaiian Commercial and Sugar Company and Wailuku Sugar Company. We have here the exchange deed, which covers the land in question, and which I can file if you wish.

The Commissioner: If it is admitted it is all sufficient.
Mr. Hewitt: We raise no question as to title.

Mr. Merriam: We would then state that we are prepared to prove that the Applicants are in possession of all of the land that this application covers; the map here is part of the application - as called for by law; we now state we would like to use the blue print of this tracing for the purpose of this hearing.

Commissioner: Any objection, Mr. Hewitt?    .
Mr. Hewitt: No objection.

Commissioner: The Territory raises no objection to the blue print being used.
Mr. Merriam:    Perhaps it would clarify matters if a general statement was made as to the manner in which it comes up. first the land - called the Ahupuaa of Waikapu - was claimed by the government in the early days, although this land was not listed as government land in the great division made by Kamehameha III by Act of June 7th, 1848, it was not classed as government land, it is in the category of unassigned land, which is always claimed by the Government. The Ahupuaa of Waikapu was, in early days, according to records, an unassigned government land; then, under date of November 18th, 1875, Royal Grant No. 3152 was issued by the Government to Henry Cornwell; this Grant carries for a description of the land a reference to the name of the land only, there are no metes and bounds showing just where the land [page 362] is; in other words, the proof of where this land is would rest with kamaaina evidence, if there had been no boundary certificates issued on the adjoining lands. There have, however, been boundary certificates issued on all the adjoining lands, except the Lahaina border by the ocean, which is a natural monument and possible of reproduction at any time. This land came down by various ways, but no accurate survey has been made prior to our application for the settlement of the boundaries. As stated before - all the boundary lines of the adjoining lands have heretofore been settled by boundary certificates issued.

Commissioner: Where is this land on the map?
Mr. Merriam: This is representing the land - this is on the North, the land of Wailuku - portion of the land of Waikapu and of Wailuku. On March 2nd, 1871, there was issued Maui Boundary Certificate No. 1, thereby determining the boundary line from the point at the corner of the land Pulehunui to the land of Ukumehame - that settled that boundary line permanently and for ever. Second - The land bounding Waikapu on the East Pulehunui was settled by certificate issued May 3rd, 1879, being Maui No. 47, thereby settling that down to the ocean side for all time. Third - The land bounding Waikapu, partly on the South and partly on the West, being the land of Ukumehame, was settled by Boundary Certificate No. 68, issued April 11th, 1883. That leaves in an unsettled condition the line or extreme southerly boundary of the land of Waikapu only. The sea coast [...]

Commissioner: What sea coast?
Mr. Merriam: Down Maalaea Bay to a point way over. Perhaps Mr. Foss will point it out.

Mr. Baldwin: This side of Kihei Landing some where coming down to over here.

Commissioner: Roughly speaking from Kihei to Maalaea Bay?
Mr. Foss: Yes.
[page 362]
Mr. Merriam:    We contend that that boundary line has not been settled by a certificate - except that it was a settlement by name. This line here carries to the ocean and that means to the high tide mark.

Mr. Hewitt: Mr. Merriam, I think you might explain a little more fully what it is that is in dispute.
Mr. Merriam: I am coming to that. I am getting fundamentals first.
Mr. Hewitt: Oh, pardon me.

Mr. Merriam: Now, the problem that the surveyor for the applicants had before him was that all the bounding lands, which means all the lines of those lands - except the ocean side line - had theretofore been settled by boundary certificates, and it was considered that he had an apparently simple problem before him to reproduce those where they touched Waikapu. However, Section 558 of the Revised Laws of Hawaii, 1925, says that "A boundary commissioner shall in no case alter any boundary described by survey in any patent or deed from the king or government, or in any land commission award." All of these three adjoining lands have been issued boundary certificates on which patents have also been issued, that, therefore, places the condition on the surveyor that he reproduce those lines in the various boundary certificates that have heretofore been issued and stand on those for his lines of the land of Waikapu.    We then come to a point where the re-establishment of these lines only affect the applicants themselves, that is, of this line of the land of Wailuku - a land owned by Wailuku Sugar Company. There is no objection on the part of the owner of Wailuku to this line - that seems to eliminate trouble on that line, or boundary, along the other boundary. On the East is the land of Pulehunui - land owned by Hawaiian Commercial and [page 363] Sugar Company - and they, in turn, were in satisfactory accord with the line made by our Mr. Baldwin. The coast line is there and can be reproduced by any one without any question, and the manner of handling that was to take his point from the boundary line and come across here to a well known point and take his bearing and distance, and, in general, that represents the method in which that was handled. Then coming to the last, land of Ukumehame - we have there a condition, a similarity in so far as concerns the issuance of the certificate, the ownership of which is in the government, and there is where the difficulty arises that necessitates a hearing and production of evidence for there is a contest, or disagreement, with respect to the line of Ukumehame from the last point of Alexander's survey which started at the land of Olowalu - all of those courses way over from Olowalu to the last point are said to run along the ocean side. He then comes to a point marked on a large boulder, this point is admitted, not only by the applicants, but by the contestants, to be readily seen and reproduced. This is the first line, or, perhaps better be said, a double line - two lines are drawn - to which objection is raised; objection is also raised to the next line running from the established rock point to a ridge point on the hillside. So far as I am aware no other lines than these three are contested, although you may wish to go further up in the hills - possibly four points - four lines.

Commissioner: I thought you spoke of two - and you say 'these three.'
Mr. Merriam: There is a small distance here - 147 feet - from the ocean side to a point, and then from that point to a rock and then on up the hill. The survey of the land of Ukumehame which is the boundary of a land that we contend we must adhere to because it was previously surveyed by James M. Alexander in 1874, and a boundary certificate issued April 11th, 1883, nine years afterwards. I think the government will admit that Mr. Alexander [page 364] in making his survey, which, I would remind you, started on the ocean side at the Olowalu end and came along the ocean to a point along Maalaea Bay section, ran his courses on traverses hitting a bluff point and not going directly to the ocean side, which was a common practice then, and even now, to some extent, of surveyors, it being considered perfectly proper to do so. Is that admitted?

Mr. Hewitt: Yes.
Mr. Merriam: That is what we have assumed in all of our study of the preliminaries so that the survey, as made by Mr. Baldwin, could fit the established lines of a land which in 1883 had its boundaries perfected. Mr. Alexander, in addition to running his survey in what might be termed to be an Olowalu-Maalaea Bay direction, for that is the direction he came in, gave at each point what surveyors call a reverse bearing so that its bearings, while not altogether in agreement on each line, show that he tried to check back on his work so that the line could be run either one way or the reverse way. In other words, it is practically a double description for the courses. Now, our contention is, primarily, we hope to support it by evidence, that Mr. Alexander in his survey of the land of Ukumehame took these bluff points to the line itself which is said to run along the ocean side - perhaps if I use the exact words it would be clearer. I will now read course 20 to and including 24. (Reads at length) Now, I will point out to you that the lines first read - courses 20 and 21 - come along the ocean side and yet have a bluff point for the bearing until they get to the last point before they run inland away from the ocean, and that inland point is a point that is marked by a [sic] X on a rock. In other words, we have a point on a rock which can readily be established, and have another natural monument which also ought to be re-established by a reverse bearing from a rock - a point we can easily go to - and it is well recognized, when there is a doubt about a point that can be re-established without doubt, a surveyor will go to that point to try and run [page 365] the survey from a known fixed point, and that is what we have tried to do. The second line that is in controversy is course 24 which starts at the same fixed point that we can go to - the X on the rock; that line also goes from a natural monument to what is another fixed monument - the ridge point plainly observable today, and that line we have tried, through Mr. Baldwin's survey, to reproduce taking our point from the definite fixed point on the rock which no one can question; furthermore, this point on the hillside here must be a point that the next line of Mr. Alexander's survey can be viewed from, and we have reached such a point. Now, in support of what has been said by way of a preliminary statement, if you have no objection, I will call Mr. Baldwin for certain information.

Commissioner: Would you like to make a statement, Mr. Hewitt?
Mr. Hewitt: No.

Commissioner: Could you point out just where each of you claim the land to be?
Mr. Merriam: It is difficult because we don't know what the government is going to claim - we have just a general idea. I might propose that Mr. Newton help give you a rough outline. (All examine map)

Mr. Hewitt: I wonder, Mr. Merriam, if, right at this point, it would not be well to adjourn to the spot in question and look it over - the Commissioner, myself and yourself. In view of the evidence that will come up it will be much easier for the Commissioner if he has seen the evidence on the ground.

Mr. Merriam: It might be well except that we, as Applicants, should state our case before we go to the ground.
Commissioner: It would be helpful to me to have it just before me.

Mr. Hewitt: Would you prefer to bring out some other matters first from Mr. Baldwin?
Mr. Merriam: I don't think it is important - we can call him after. (recess)
[page 366]
(1:33 p.m. - reconvened)

Commissioner: You may proceed.
Mr. Merriam: Now that we have seen the location of the premises it seems to be in order to ascertain from the surveyor, on behalf of the applicants, how he arrived at his 'lay out' of the land.

Direct Examination of E.D. Baldwin (E. D. Baldwin is sworn by Commissioner)

Mr. Merriam: Mr. Baldwin, you are a Civil Engineer and Surveyor by profession?
Answer: Yes, I have a license.

Question: You have been employed, at various times, by the Wailuku Sugar Company to do their work over the lands?
Answer: Yes.

Question: You surveyed the Ahupuaa of Waikapu for and on behalf of the Applicants - Wailuku Sugar Company and Hawaiian Commercial and Sugar Company?
Answer: Yes. I did.
Question: Have you made a careful study of the boundary certificates of the adjoining lines of the land of Waikapu in an effort to determine what the proper boundary lines of Waikapu really
are?
Answer: Yes. I have.
Question: Do you consider that it is your duty, as a surveyor, to confine your description of the land of Waikapu to the same lines as the adjoining lines given in the certificates of boundaries?
Answer: Yes.

Question: That is what you endeavored to do?
Answer: Yes.

Question: Have you made any effort to gain evidence from kamaaina sources regarding the boundaries of the lands?
[page 367]
Answer: No. They were definitely stated in the certificate of boundaries, that is, Ukumehame, determining that.

Question: Will you state - in a general way - how you arrived at the 'lay out' of this land of Waikapu as you have, making such reference as you wish to the plan, where did you start and how did you go about it?

Answer: I took my description - it starts at a point Kaopala given on the map, it is a point given by Mr. M. D. Monsarrat in his survey of both Pulehunui and the boundary of Wailuku, and this point referred to a monument - to a concrete monument. I simply took his bearing of Wailuku, that is, of the Spreckles Grant, running that up as far as the monument he has on the ridge above, and from that point [...]

Commissioner: Indicate it on the map.
Mr. Baldwin: Kaopala is here, and this is a straight line to Pohakoi, and from Pohakoi up to this stone post - as Monsarrat calls it - up on the mountain ridge there; further Monsarrat simply says along the ridge to high tide; and then this is a definite point at the south east corner of Ukumehame, and from there the boundary along Ukumehame to a well known hill; we have a forest monument here called Puu Anu, and from there it runs along the ridge to another large hill - a well known point - and from there along down the ridge to this ridge point that we were looking at with the two flags on, it, and from there down to the rock and from there to the monument.
That is just giving the general way it was taken. These points above are undisputed and this hill is well known as an old boundary point. I might state that the first work I did there was before 1923 - Wailuku Sugar Company wished to know whether they should renew this government lease and [...]

Commissioner: Mr. Baldwin, for my information, where is the point where those two flags were?
Answer: Right there.
[page 368]
Question: And where is the stone with a X?
Answer: Right there.

Mr. Hewitt: May I mark that a, b, c? The two flags 'A'; ‘B' marks the rock which we viewed this morning.
Mr. Baldwin: I was going to state how I got that line. They wished me to ascertain where their railway went and the nature of the land, so I went down there and made a study of the lease.
I also sighted - I didn't set up any flags - I noticed that the hill that Kanakanui had was practically Alexander's angle, so I took his line. So the next work I did was when Wailuku Sugar Company and Hawaiian Commercial & Sugar Company met there; I again went into that line and I accepted Kanakanui's line. In this latter survey as they went up I sighted a pipe on the high point of the hill, and when I went up on the hill I studied it, and there was something like this prominent pile of rock there, and at the point I took there was indication of a pile of rock which a surveyor could have had, but wind blew it down; but there were other prominent piles and I considered I was not a good enough guesser to say which he used; I studied the hill very carefully and took the highest point. It is an immense big hill, I have known it since a boy, and that was on eight, and especially at night time when you got eight of it. For that reason, with all those piles of rock there - no one could do it - it may have been surveyors, and it may not have been - but there was only one thing to do - take the highest point on the hill. Then I tested the angle, taking Alexander's magnetic bearing to the hill and take the bearing down this way and I got practically the same angle that Kanakanui ran his line on. I took the same line and the distance as given in the certificate of boundaries. Alexander's distance, this distance, is short, it is 250 feet short there; where I am this distance is short, and this distance from this hill is very close, and there was no [page 369] chance of having that short; what is given in the certificate, if anything, it is longer.

Mr. Merriam: With reference to this so called Kanakanui line, it had better be explained, and can be. explained in this manner - the occasion for that was at the time of the issuance of a lease by the Government to the Wailuku Sugar Company of some of the lands well away this side of Maalaea Bay shore line, and, in order to arrive at the description of the land to be put in the lease, he was sent over to survey that line between Waikapu and Ukumehame and determine what sort of description should to into the lease to the Company of the Ukumehame land, and he ran the line from the crossed rock down not taking the full distance that the Alexander line calls for – am I right?
Answer: The lease didn't call for the full length of the line.

Mr. Penhallow: Make a line at the end here ‘C'.
Commissioner: the makai end of the line ran by Kanakanui.

Mr. Merriam: So. at the time of the lease it was assumed that the Government adopted it as a satisfactory boundary line - they stood on it for the purpose of giving the Company tenancy of of [sic] the land - later on planted in cane - and I think Mr. Baldwin will state that he is now running his line in a similar fashion – to the Kanakanui one, he is right on top of the Kanakanui line but taking the distance allowed by Ukumehame to the coast. Now, Mr. Baldwin, in your study of the situation at the hill side here, you were coming down?
Answer: Yes - in the description.

Question: And you must hit the rock, of course, that is a point that is identifiable today?
Answer: Yes.

Question: When you got to the rock did you shoot back to see that you were in a right position?
Answer: My points are triangular.
[page 370]
Question: Would you indicate the position as you would understand it at the time Alexander made the survey of the land of Ukumehame, which never had before that been surveyed; well, he finally gets to the rock - what would be his method?
Answer: Oh, Alexander was surveying it for the first time and he had to go up and find a point, and he went up and did that. I went up there first and set my flags on these hills and afterwards I went with the instrument and triangulated them.

Question: You feel that the surveyor, after he established this point on the rock in going up the hill side, would have the highest point on the knoll?
Answer: That is the only point he would take and did take.

Question: And his next point here - up the hill side?
Answer: Yes.

Question: Does your point enable you to see both the rear and advance points?
Answer: Yes. I went down there this morning.

Question: Now, having a definite fixed point here at the rock, and assuming, as you believe you had a right to do, that all of the ocean survey by Alexander was a traverse survey - had points that were intervisible, and knowing what the Government had previously done by establishing the line by Kanakanui's survey, and knowing that the course you took there was the course that was practically identical with Alexander's survey, you landed at a point which was a bluff point, did you not?
Answer: Yes.

Question: And, in your assumption, at the time Alexander made this survey that bluff point would have enabled Alexander to see to the rock point that now is agreed upon as a corner?
Answer: Yes. I think so with a flag set up.

Question: Also enable him to see back to a far point along the ocean side?
Answer: Yes.

Question: In other words, prior to the growth of Keawe Trees, that survey [page 371] of Alexanders would have reproduced itself with accuracy and each point on the ocean side would be intervisible?
Answer: Yes.

Mr. Merriam: That in short was the method used in reproducing the lines of the land of Waikapu by an up to date survey; it simply carries out what we thought was fundamentally required of us - to stand by and on the lines of the lands adjoining, all of which boundary lines were settled many years before this survey was made. I think, so far as the examination of Mr. Baldwin is concerned, we are finished.

Cross Examination of E.D. Baldwin

Mr. Hewitt: Mr. Baldwin, you have only taken us down to point marked 'C' there in this detailed journey we have had. Will you take us on from ‘C' down to the sea coast and explain how you arrived at this?
Answer: We did, but I think you must have overlooked it.

Question: Would you go over that once more from point ‘C' until you hit the sea shore?
Answer: What did you want?

Question: I stated clearly that that line is run down to the end of the distance given in the certificate of boundaries and that carries you some where short of the sea?
Answer: It carries you to the points as Alexander took them along the sea on the bluff.

Question: I mean the line running from ‘B' toward ‘C' and through ‘C' - according to Alexander's survey must land you at the sea shore, is that right?
[page 372]
Answer: Not the way I understand his survey; he says the ocean is the boundary.
Mr. Hewitt: Have you a copy of the Ukumehame certificate, Mr. Merriam? Would you mind introducing this in evidence?

Mr. Merriam: We offer in evidence a certified copy of the Boundary Certificate of Ukumehame, No. 68, Maui, which contains a full description by metes and bounds of the land of Ukumehame, before L. Aholo, Commissioner, dated April 24th, 1883.

Commissioner: It is allowed in evidence as Applicants' Exhibit 'A'?

Mr. Hewitt: Will you please point out to the Commissioner the course that you are talking of - that survey by Alexander - from the sea up to the point marked 'B' or the marked rock?
Answer: The course marked 23 is the one from the sea to the rock.

Question: Well, now, what is the course just preceding the one from the sea shore to the marked rock - that is 22?
Answer: 22.

Question: And that takes you along the sea shore?
Mr. Merriam: Along the ocean.

Mr. Hewitt: Along the ocean to a certain point that is right near it?
Answer: In fact his points are not at the ocean side.

Question: He said the ocean was the boundary?
Answer: The ocean was the boundary.

Question: Then that line runs along the ocean?
Answer: That is the true boundary.

Question: His points are all shown from up above - he was describing the points along the ocean?
Answer: Yes.

Question: Is it on course 22 that you come to the last point on the ocean?
Answer: Yes - here is what he gave.
[page 372]
Question: Then how does it lead from the next course to there?
Answer: Here - north - it is 6° 144.90 along Waikapu to bank of ravine.

Question: From that point, which you reached by 22, there is just one course to the marked rock?
Answer: Yes.

Question: Whereas in your description you have used two courses, have you not, you have inserted an extra course?
Answer: I turned it off at right angles to the sea.

Question: By what authority?
Answer: None - when I ran that line I ran it through to the sea - I felt  - I didn't have any authority and I didn't know how much authority I did have.

Question: What I want you to do is explain fully to the Commissioner how you got that extra course in there of 147 feet, if you have based your description upon this survey of Alexanders?
Answer: I took the absolute angle from that known point, turned it up and ran it in the given description; I ran it straight to the sea, but when I was making out the description for the certificates I didn't know whether I had that right; but that is the point given in the certificate of Alexander's survey; that is all we got, it is short, and we haven't got anything else.

Question: It seems clear to you that the last point on the ocean is not the point Alexander had in mind?
Answer: So far as we know it is his survey, and in the certificate, and is the point given in the certificate of boundaries and I can't make it any different.

Question: This survey of Alexander's is rather indefinite, isn't it?
Answer: Not on those two lines - the line running to the ridge above is short, and this one here is short - it is short in distance.

Question: A great deal of stress has been laid by Mr. Merriam on the fact that by following literally and as a guide this Alexander survey of Ukumehame it appears that in order to reconcile your theory [page 374] with Alexander's you found it necessary to insert an entirely new and additional course?
Answer: it is his survey along the coast, and if you want to go along the coast you have got to follow it.

Question: Suppose we wanted to know the next point way up in here some where – how do you get that?
Answer: it would be the same way.

Question: The description carries you along the ocean - doesn't it?
Answer: Not the way he showed it; he states the ocean is the boundary, and when he hits that point he runs in.

Question: And from that one point to the X here?
Answer: Yes.

Question: Where you added a new course - 147' - at right angles to the sea?
Answer: No - you have to get the sea some way or another.

Question: Well, there is some doubt as to just how you got to the sea - even in Alexander's survey?
Answer: No - you have to go up this way.

Question: By what authority do you cut up off at right angles?
Answer: The only way I can think of is where it runs along the valley.

Question: And yet they are running along the boundary?
Answer: Well, I haven't run across any accretion.

Question: That is a departure fixed by law and not survey?
Answer: No.

Question: In accretion you run at right angles - it is merely to conform with what the law says?
Answer: I haven't run across any law on it - it may be so. It is the law ordinarily that where accretion forms the line is either line carried in a continued line, or, if impossible, at right angles to the sea.

Question: But that has nothing to do with this situation. That is the only authorization that you know of for adding the extra course, is it not?
[page 375]
Answer: No. That is his point given in this certificate by both bearings and distances, and that is the end of my authority. I may not have any authority to do it, but I ran it off into the sea.

Question:  What is your honest opinion as to the correctness of the line as laid by Kanakanui from the rock toward the sea shore?
Answer: Practically correct in my final studies of the land – except it can go a little further that way 9 or 10 ft, but not amount to much.
Question: What do you mean?

Answer: Not the exact angle - in all my surveying I find you can't lead the magnetic needle closer than 15', the circle is marked in half minutes, and if you work up the needle it will never come right - I have always taken 15'. For instance, if it is 14 you take 14.50 or 14.35; that is probably what Kanakanui did, and as he did it that way I took it. We didn't want to differ from the government.

Question: Then your own honest opinion is that the line ran by Kanakanui is not exactly correct?
Answer: It is exactly correct.

Question: Exactly?
Answer: I just explained why we take 15' - 49.30 the exact difference between my line and that - the nearest is 45'.

Question: Well, you have changed your opinion since 1925 on that point, have you not?
Answer: Not that I know of.

Question: Didn't you, in 1925, have the belief that the, line was incorrectly laid by Kanakanui?
Answer: That is something new to me.

Question: Didn't you, on August 1st, 1925, write to the Territorial Surveyor as follows: "On the Waikapu line, which I went into most thoroughly over a year ago, for the deed from the Hawaiian Commercial and Sugar Company to Wailuku Sugar Company, [page 376] it seemed that the line from the well known X on the large rock mauka of Pulehunui to the sea coast ran a little further inland or north west"?
Answer: Kanakanui's sea coast is too small on this line - as you know Alexander gave a magnetic bearing; but after both Mr. Foss and I had gone carefully into the matter we concluded as the Government Survey Department had established this line; it would be better to accept their line rather than have any trouble over same later, so that the deed from the Hawaiian Commercial and Sugar Company to Wailuku Sugar Company was described as 'Along the Kanakanui line.' For instance, if you go to the rock and set up a transit today it will run way inside - it will run way in here.

Question: Well, did you write what I have just read?
Answer: I must have if it is written there. I told Mr. Penhallow - I made reports of that.

Question: You did write that to Mr. Wall?
Answer: That was in discussing that [...]

Question: Did you?
Answer: Yes.

Question: You still have the same opinion?
Answer: No. In this case we found it exactly where we went up the ridge - his definite point.

Question: I would like to show you a tracing of a sketch plan entitled 'Portion of Government land of Ukumehame, Maui, [...]

Mr. Merriam: Prepared by whom?
Mr. Hewitt: I will connect it up later on; this connects with Mr. Baldwin's testimony.

Mr. Merriam: We have no objection to it.
Answer [sic. Question]: Have you ever seen that before?
Answer: Not this one, but we have it in that lease you have.
[page 377]
Question: You have a similar one?
Answer: Yes.

Question: Would you say, from that sketch plan, Kanakanui believed that this line, from this point up here, near the words 'to Wailuku', ended on the lower end?
Answer: I am not sure; he leaves it indefinite, but the line here shows it just as I had it.

Question: It doesn't show that, if continued, it would run into Kapoli Spring?
Answer: No, you take these bearings here, and that is the exact line I ran.

Question: If you knew nothing of the case previously, and were shown that plan, where would you, as a surveyor, say that line, if extended, would end?
Answer: I can't answer that because the plan looks incomplete here; he was not surveying up here.

Question: Would you say that Kapoli Spring had any significance of that?
Answer: In what way?

Question: Any way as marking boundaries or determining boundaries?
Answer: No. I don't think so.

Question: What would you say it was inserted for?
Answer: This flat here is called Kapoli, and the Springs run there, would it be liable to be called Kapoli Spring?

Question: Why didn't the surveyor simply say 'Kapoli' instead of 'Kapoli Spring?'
Answer: I don't know.

Mr. Merriam: I think I will object to your line of questioning for this reason - you are now considering a survey which has no bearing on the land in question as against your original boundary certificate, which you are bound, under the provisions of law, to go by; a subsequent survey to the boundary certificate has no standing in the consideration of the Commissioner, he must adhere strictly to the point that the law says, that is, the actual lines at the time the boundaries were settled. This, I think, is reason, and should not be admitted as governing the boundaries of the land of Waikapu.

Commissioner: Objection will be over-ruled.

Mr. Hewitt: It is also offered to show that it was Kanakanui's contention that, if it was continued, it would come to Kapoli Spring. We might offer it for identification at this time. We claim that it is cooperative with what Kanakanui intended the terminus to be – Kapoli Spring. We offer it in evidence.

Mr. Merriam: I do object for the reason that it is contrary to Section 558 to the Revised Laws of 1925; also it is contrary to the decision in the case in the 18th Hawaiian, 394.

Mr. Hewitt: It is offered as cross examination of your direct examination on the Kanakanui line.

Commissioner: The tracing or plan of portion of Ukumehame land will be allowed in evidence as Contestant's Exhibit ‘1.'

Mr. Merriam: I would like to have this given careful consideration as to what evidence can be used in the settlement of a boundary of land which has had its boundaries theretofore established and on which it must rest its own boundaries without conflicting with the fundamental law of the Territory.

Mr. Hewitt: It is not a fact that it would be impossible to fit the Alexander Survey literally or exactly to the natural features of the land?
Answer: What portion of it?

Question: Several – there are several?
Answer: There are quite a number of instances if you tried to follow Alexander's survey of the boundaries of Ukumehame you . well.

Question: You would find yourself at certain points that you know he could not have intended them to be at?
Answer: yes.
[page 379]

Question: It was a magnetic survey?
Answer: Yes.

Question:  For instance, on the line from 'B', where the marked rock is, if you followed it literally - instead of being on the ridge - you would be off in the gulch on the Wailuku side, would you not?
Answer:  By modern declination of that portion of the sea coast we visited this morning, where the cliffs are fallen down, if you followed the survey that way you would land some point out on the sea. I wish to say that the survey I made I could carry it 25 ft., more or less, either side - a very rough estimation; there is nothing on that side except where you could get on the visible points, and I came right practically on 'the edge of the sea there.

Question: And then when you come down here, to the point where you leave the sea shore, you got into another incongruity that it has caused you to insert another course?
Answer: Well, that is the point given in the certificate, and I have got that to go by; I had to get there.

Question: Would it not lead to an absurdity to locate the boundaries of Waikapu by following the lines of Ukumehame?
Answer: Not at all; those two lines from 'A' to 'B' to another point - they are very definite.

Question: from 'A' to 'B' - would you not land on the gulch?
Answer: Those are the two points of Alexander's survey, and that angle would give the other exactly; that is what we always go for, and look for; we always go to get those, if we took the modern declination it would run up this way.

Question: So, in order to fit the natural features, you have to make changes in his bearings and distances?
Answer: Not in those.

Question: In some?    .
Answer: I have dealt with the natural ones.
[page 380]
Question: Is it not a fact that in order to rectify Alexander's survey with the natural monument you have to vary it in several instances?
Answer: Above the hill Alexander runs up in there - I followed it.

Question: So it really is absurd when we say the boundaries of Ukumehame are so definitely set?
Answer: As a surveyor I will state that this is one of the most definite; it has a definite angle there from two definite points, all the way up the ridge it is very definite.

Question: Do you ordinarily find it necessary to insert more than one course?
Answer: This is only out one hundred feet, and a great many I have tackled are out one thousand feet, and some on Hawaii are out miles.

Question: And yet you say it is so accurate and not indefinite?
Answer: It is on that side - it is very definite in my opinion.

Question: Then you would say these little additional courses are trivial?
Answer: Yes, they are.

Question: It would be a much better result, and probably more as Alexander intended it, if that additional course was not inserted?
Answer: Alexander was running along the sea from the sea and when he hit the point it is shown by the line running down here, he was above the sea at that point, and the boundary running inland.

Question: Let me express it a different way. If it is possible to wipe out that additional course, that you have thrown in here, and if this survey of Alexander's coming along the ocean to a certain definite fixed known monument and then have only one course, as he calls for from that point to the marked rock and with the angle, it would probably be a much better piece out than this one that includes the extra course at right angles?
[page 381]
Answer: Decidedly - if he left the monument at the sea we would not have all this trouble, and we would not be fighting over it.

Question: Now, Mr. Baldwin, let's mark here as a X on that point at which you take your departure from the ocean, that is the beginning of this course running at right angles as near as you can make it out the Alexander survey of Ukumehame runs along the ocean to the point marked X?
Answer: Runs inland.

Mr. Merriam: I think you are confusing the line which Alexander takes - the survey is a plan survey.

Mr. Hewitt: That point X is the point to which Alexander's survey brings the boundaries on the ocean?
Answer: No - he runs a bluff line to the ocean - I got the boundary that way in Alexander's survey.

Question: Well, where, along the sea shore, does Alexander's survey bring the boundaries of Ukumehame?
Answer: The only known point we have is the marked rock, and run back
from that to mark his distances; it is given in the certificate and fixed as the boundary.
 Question: You located this point by going back to the rock marked B and coming back?
Answer: Alexander's survey runs both ways.

Question: Is it your idea that the course and distance should prevail over natural monuments when you are trying to locate a monument?
Answer: There is no natural monument near the sea - I ran it to the sea.

Question: Haven't you got a natural monument where the X is and another at the sea?
Answer: Not definite to the sea unless you run to the sea.

Question: Why haven't you run it from the rock to the sea?
Answer: Because Alexander's line runs on those bearings.

Question: You are laying more stress on the bearings?
Answer: I ran it right through to the sea shore as I did formerly.

[page 382]
Question: It might continue on through to the sea shore instead of turning at right angles?
Answer: It hits the ridge from here to here, if it was run through it would hit nearly at the other side.

Question: Isn't that the theory you were working on?
Answer: No.

Question: You prefer to get to the sea by throwing in the extra course?
Answer: Didn't prefer anything - simply got to the sea that way.

Question: Isn't it pretty clear that Alexander intended the line to run from the X rock to the sea in one straight line?
Answer: He ran to his bluff point.

Question: Isn't it pretty clear that Alexander intended the line to run from the X rock to the sea in one straight line?
Answer: No. He ran to his bluff point - he came round the sea on the bluff and he ran inland from the sea.

Mr. Hewitt: I would like to have the Commissioner look at this survey, and look at courses 22 and 23. (Commissioner examines document.)

Mr. Hewitt: Now, Mr. Baldwin, have you ever seen the map that Mr. Alexander drew and filed with this same description of Ukumehame?
Answer: Yes. (Answered before objection was in)

Mr. Merriam: I object to the question and the answer. The map that is being referred to is a map unauthorized by law; the law - at the time the survey of Ukumehame was made - didn't require a map - no map is actually on file with the record of the boundary certificate, and I object to its admittance in this instance.

Commissioner: Isn't there a dispute in this as to where the line runs?
Mr. Merriam: Yes.

Commissioner: Isn't that why the Commissioner is sitting here [page 383] today? Not to accept the view of either party until he has heard all the evidence. The objection is over-ruled and the question and answer will be allowed.

Mr. Merriam: Exception.

Mr. Hewitt: Have you a copy of that map, Mr. Baldwin?
Answer: No.

Question: Do you recognize this map, Mr. Baldwin?
Answer: I have seen a blue print of it.

Question: Showing the witness a map of Ukumehame, of West Maui J. M. Alexander's survey, August 1874, do you know what that map is?
Answer: James Alexander's map.

Question: And for what purpose was it made?
Answer: Well, it is Alexander's map.

Question: How did it happen to be made?
Answer: I take it for granted it was made in connection with his survey of Ukumehame.

Commissioner: This very survey referred to?

Mr. Hewitt: In Exhibit 1. May I offer this in evidence?
Mr. Merriam: Yes.

Hewitt: You have no objection to the fact that it is offered on cross examination instead of direct examination?
Mr. Merriam: No - just save an exception.

Commissioner: The map of Ukumehame, West Maui, J. M. Alexander, surveyor, dated August, 1874, may be marked Contestant's exhibit '2.'    .
Mr. Hewitt: Mr. Baldwin, this Contestant's exhibit '2' you say is a map, made by Mr. Alexander, of the land of Ukumehame, as described in Applicants' exhibit 'A?'
Answer: Why, I suppose it is.

Question: You have no doubt of it?
Answer: It looks as though it is in connection with it.

Question: You have seen this before?
[page 384]
Answer: A blue print of it.

Question: And you have never doubted the authenticity of it?
Answer: No.

Question: You have no doubt it is Alexander's?
Answer: It is signed by him.

Question: Assume, for the purpose of this question, that you have never, seen any description of the land of Ukumehame and all you have before you -  as an expert surveyor - was this exhibit '2' - the map - where would you say that the line running from this point, which I will mark x - near the word Puu Hele, would be - where would you consider that first course terminated going toward the sea?
Answer: Well, there is nothing there to indicate, if I had no survey, as to where it exactly went:

Question: It couldn't possibly go to Kapoli Spring?
Answer: Not necessarily the way it is written.

Question: It seems apparent that it terminates some where between the word Kapoli and the word Spring?
Answer: No - in this small scale it is hard to tell.

Question: You can't see any point where the line turns?
Answer: The Spring is all round that.

Question: Kapoli Spring is just a spring?
Answer: Kapoli is the name of the low land.

Question: But Spring?
Answer: Spring  - the whole of Kapoli is here.

Question: And it is known as Kapoli Spring?
Answer: Kapoli Spring is right round it. I always was interested to know where it was and I hunted all round there and got all the testimony I could, and one fellow would name it as this Spring, and the first man showed me a water spring and said when it rained it is fresh water right round the house, that was pointed out to me as Kapoli Spring.

[page 385]
Commissioner: Where we went this morning?
Answer: It is makai of the beach there by the windmill, there is a dirt flat there that fills up with fresh water when it rains, and that was pointed out to me as Kapoli Spring; all round that point, way down to the mouth of the gulch almost, is spoken of as springs, and I have seen that the whole region there is Kapoli, so Kapoli Spring would be where the water springs out.

Commissioner: What does 'Kapoli' mean?
Answer: Hollow - depression.

Commissioner: Water that comes out of a hollow?
Mr. Penhallow: It is something aside from springs.

Commissioner: The word 'Kapoli' has no direct reference to th ....

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.... Figures would be 63° 48'.

Mr. Merriam: I will then refer you to Applicants' Exhibit D, which is a plan of a portion of the Ukumehame boundary adjoining the land at Waikapu, and ask you if the angle of divergence given on this map, line B-A and B-C of Applicants' amended map is the same sized angle as stated by you just now?

Mr. Newton: The same angle. It would not make the same angle to that you had on your map.
Mr. Merriam: Mr. Newton, in using the point wherein the [page 461] Govern
ment has the flag at point A of Applicants' amended application, you have admitted you have taken a longer distance of line than the Ukumehame boundary Certificate (Contestants' Exhibit 5) calls for, what justification have you for taking that longer length of line?
Mr. Newton: The description does. Calls for a point on the ridge. Natural monument.

Mr. Merriam: Where do you see that?
Mr. Newton: 24 course reads: "S. 69° 30' W., 60.10 ch. on . ridge along Waikapu."

Mr. Merriam: When you arrived at a point on a ridge, such as in the approximate location of point A on Applicants' amended map, and you find that there is a saddle above that point before you get to the next point of the survey further mauka, is it not in your estimation to go to the topmost point on a knoll; such as there is at point A?
Mr. Newton: No, not necessarily.

Recess of 10 minutes.

Mr. Merriam: You have stated Mr. Newton that Mr. Kanakanui made a mistake in the direction of the line from B to C toward the ocean on Applicants' Ammended [sic] map; how do you know he made a mistake?
Mr. Newton: Because it shows on the face of the map and in his field notes that he was running to Kapoli, that he located Kapoli -
 
Merriam You do not know but what his location of Kapoli Spring was the proper one?
Mr. Newton: Because there is only one Kapoli Spring.

Mr.  Merriam: But there right be two understandings as to which location -
Mr. Newton: The one we took 100 feet further would be inland.

Mr. Merriam: In other words, your conclusion with respect to the error is dependent upon where Kapoli Spring actually is,
Mr. Newton: Monument at the sea.

Mr. Merriam: You are assuming it in one place and another one in another place?
[page 462]
Mr. Newton: I leave that to the Kamaaina.

Merriam: I now call your attention, Mr. Newton, to "Contestants' Exhibit 4” being the record book No. 1, Boundary Commission for Maui, (Showing witness Certification or the boundaries, the land or Ukumehame) which shows the note, as follows: Note: "Waikapu claims a strip of sea-shore, 1 ch. broad, reaching from Kapoli to Manawainui in ravine". Mr. Newton, the use of the word "Kapoli" may mean, land of Kapoli, may it not?
Newton: According to the Kamaaina, Kapoli was in the vicinity of the spring.

Mr. Merriam: It has been indicated that there was such a Spring, a section of land known, a portion of land […]
Mr. Newton: About the size of this room.

Mr. Merriam: Might this reference refer to the land of Kapoli, it does not say Spring?
Mr. Newton: According to the Kamaaina, Kapoli was known as the spring and land which took in a space the size or this room.

Mr. Merriam: Very well, I think that is all.

Mr. Newton on re-direct examination.

M. Hewitt: You stated a while ago, it was not necessarily the logical thing for a surveyor standing at the X-rock to take his point on the ridge - the highest point - what do you mean by that?
Mr. Newton: The intention of that is, that putting up your station on a point on the ridge, that you try to get a point where you have a view of the lower section in general after for detail work. You may want to put in [---] sub-station in between, when the distances are very long.

Mr. Hewitt: Does the Government station on the ridge mauka of the X-rock represent such a location?
Mr. Newton: It does.

Mr. Hewitt: Better than the flag adopted by the Applicants?
Mr. Newton: From the road in places, you cannot see Applicants' flag

[page 463]
Mr. Hewitt: Will you proceed a little further on than where Mr. Merriam carried, in Alexander's distances when checked with natural monuments (referring to Amended map of Applicants) Will you mark in numbers as you proceed, instead of letters.
Mr. Newton: 26 course given in the Certificate. Distance is 3570.6 ft. Applicants' map between points 1 and 2, the distance is 3676.

Mr. Hewitt: Longer than Alexander calls?
Mr. Newton: Yes, longer than Alexander calls. A difference in bearing from Alexander's bearing. The next course 27, calls for the distance of 1623.6 feet. That is from point 2 to 3 on the Applicants' map; they have inserted 2 courses instead of one. The total distance of the two courses is shorter than the one course given by the certificate; but the two courses have different bearings.

Mr. Hewitt: Where Alexander gives one instead of two.
Mr. Newton: They give two.

Mr. Hewitt: Proceed on, any other?
Mr. Newton: The line back to Ukumehame on the west.

Mr. Hewitt: So, when they speak of their reproduction of Survey, they must mean by that something different from what we call a reproduction?
Mr. Newton: Looks that way.

Re-cross examination of Mr. Newton.

Mr. Merriam: Mr. Newton, you have just stated that the lines run by the surveyors for the Applicants in this case, between point A, point 1 and 2 – “did not coincide” in matter of distance, at least, with the Alexander survey?
Mr. Newton: They do not.

Mr. Merriam: I will ask you, as a surveyor, if these points selected by the surveyor for the Applicants, are not clearly the points that any surveyor would take on a mountain ridge side for the point such as Alexander's survey seems to call for; are they not natural peaks, and a natural one for a surveyor to take?
Newton: I believe so.

[page 464]
Mr. Hewitt: In this so-called Alexander survey, I wish you would explain to the Court and me, how the applicant gets to this point, the last point on the sea-shore on the amended map.
Mr. Newton: They have tried to run a line from the X-rock using Kanakanui's azimuth, and produced it through the distance given in the certificate itself. 147 feet back from the sea.

Mr. Hewitt: Whereas, the Alexander survey locates it at the sea.
Mr. Newton: Yes. They traversed further back from the sea. There is a difference between the traverse line and the actual boundary.

Mr. Hewitt: If they went from the X-rock and took Alexander's bearing and went to the sea as he intended it, to go to the sea, they would hit the ocean at an entirely different point than their survey would hit.
Mr. Newton: It would hit the sea first, at a point off Kapoli Spring.

Mr. Hewitt: And before you ever come to the Cornwell beach house.
Mr. Newton: Yes.

Mr. Hewitt: It would not in any way reach the Cornwell house?
Mr. Newton: The point they have now is south. The first point that hit the sea is in the bay, that is on the sea side, the point that hits the ocean is directly north of the beach.

Mr. Hewitt: between the beach house and Kapoli?
Mr. Newton: The point just north of Cornwell's beach house. On the opposite side of the cove, on the Wailuku side of the bay.

F.H. Kanahele called and sworn.

Mr. Hewitt: Will you admit Mr. Kanahele's qualification as a surveyor?
Mr. Merriam: I do.

Mr. Hewitt: What is your name and occupation?

[page 465]
Mr. Kanahele: My name is F.H. Kanahele and Occupation is Assistant Government Surveyor.

Mr. Hewitt: Have you ever seen this blue-print before?
Mr. Kanahele: I have.
   
Mr. Hewitt: Have you checked the work in this, so that you can state whether it is accurate?
Mr. Kanahele: Yes.

Mr. Hewitt: Have you found it accurate?
Mr. Kanahele: It is.

Mr. Hewitt: Offer in evidence survey and map by James M. Dunn,
Sept. 4, 1927.    .
Mr. Kanahele: Purpose of map. Detail location of the surroundings in question, at the end of the line; from the X-rock mauka of Ukumehame to the vicinity of Kapoli.

Commissioner: Admitted in evidence and marked "Contestants' Exhibit 13",   
Mr. Merriam: Object to the admittance for the purpose of evidence for the reason that it is not an original, and contains many alterations, the authority for such alterations is not shown.

Mr. Hewitt: This is, offered its purpose is to make clearer the testimony of this witness as he gives his testimony and the testimony of the other witnesses.

Commissioner: For that purpose, it is admitted.

Mr. Merriam: Save an exception.

Mr. Hewitt: Will you explain to the commissioner just what this plan shows?
Mr. Kanahele: This plan shows a detailed location of that portion of land between the Main Government road, from Wailuku to Lahaina, and high water mark along the sea coast in the vicinity of Kapoli Spring and Cornwell's beach house. This line here, between (A and B), shows a portion of the line as run from the X-rock N.W. of Puuhele to the bluff point as selected by E.D. Baldwin (A). This line (from C to D) is a line as run by Jas. M. Dunn, Asst. Government Surveyor, and myself, to be the line extending from the X-rock N.W. of Puuhele to Kapoli Spring, as gathered by James M. [page 466] Dunn and myself from Kamaainas of that vicinity.

Mr. Hewitt: This point (E) what is that?
Mr. Kanahele: That is the (C) point of E.D. Baldwin, and this line from E to A is the extra course they have thrown in to reproduce Alexander's Survey.

Mr. Hewitt: And a line from their natural monument to C, that is point E, to the marked rock would hit the sea about where?
Mr. Kanahele: At a point marked F.

Mr. Hewitt: That is all.

Mr. Hewitt: You are the surveyor who located the Government flag on ridge on the rock?
Kanahele: I am.

Mr. Hewitt: How did you happen to locate it the way you did?
Mr. Kanahele: I selected a base line below before I hiked to the hill; below in that flat line makai of Puuhele, in that clear portion running to the ocean on the makai, east side of the road. On arriving at the top of the ridge, I found that I could not very well establish a system of triangulation from E.D. Baldwin's point.  I investigated the range and found several ahus, built up piles of rock, in several different localities of that particular ridge. I finally chose one; that was 34 1/2 feet away from the present flag (my flag); at the time not knowing anything about that particular spot. It just happen to miss my observation. Before leaving the ridge, I again looked around and came to this Ahu, which had a solid rock triangular in shape, a rock that is generally taken by surveyors, when so marked. From this point I had the same commanding view as that of the lower point. I began to take measurements about the ridge, and finally, from my measurements, found out that this particular Ahu was very centrally located, as shown in this sketch. My presence is now at B. A is my first flag. C is E.D. Baldwin's flag. It represents a sketch of the ridge. It begins to slope abruptly. Gradually sloping and then dropping.

[page 467]
Mr. Hewitt: Did you make that sketch yourself?
Mr. Kanahele Yes.

Mr. Hewitt: Offer this in evidence.
Commissioner: What is that page you have been referring to?

Mr. Kanahele: Page 20.
Commissioner: Book of what?

Mr. Kanahele: Calculation book.
Commissioner: The contestants offer in evidence a book designated by the witness as "Calculation book" for the purpose or throwing light on the testimony of the witness. That will be admitted in evidence and marked "contestants' Exhibit 14".

Mr. Kanahele: From this sketch it is very plain; showing the distance from the edge, where the ridge itself shows - mark falling. From A to the edge, 28 feet; from B to the other edge, 26 feet; from C to the mauka edge, 25 feet; and I may add, this portion of it is drawn to scale; so it is actual reproduction to scale.

Mr. Hewitt: In your opinion, which one of these three points is the most logical point for a surveyor to adopt, running Alexander's survey.
Mr. Kanahele: The point marked B.

Hewitt: Taking that as the point on the ridge, and running back down to the X-rock, where does that angle, at the X-rock, throw the line from the rock to the sea?
Mr. Kanahele: It would be in the vicinity of Kapoli.

Mr. Hewitt: And by Kapoli, you mean what?
Mr. Kanahele: The spring.

Mr. Hewitt: it would throw the line more toward the Spring than it is run in the amended plan of Applicants?
Mr. Kanahele: Yes.

Mr. Hewitt: How far would it come, from the sea, high water mark
Mr. Kanahele: About 10 feet.

Mr. Hewitt: Which way?
Mr. Kanahele: Mauka.

Mr. Hewitt: Of high water mark?
Mr. Kanahele: Yes.

[page 468]
Mr. Hewitt: You have figured that exactly?
Mr. Kanahele: That is a fair estimate. I haven't figured it accurately.

Mr. Hewitt: Where is it in regard to that iron pin?
Mr. Kanahele: About 10 feet of that iron pin.

Mr. Hewitt: That is all.

Mr. Kanahele: on cross -examination

Mr. Merriam: Mr. Kanahele, I call your attention to Contestants' Exhibit 13, which on reference thereto, you have indicated that the location "A" is Mr. Baldwin's point at the end of the line from X-rock on the Applicants' Amended map. Do you know whether that point can be considered as a good bluff point in connections with the Alexander survey of the land of Ukumehame, is it, is that a point on the bluff?
Mr. Kanahele: Intervital bluff.

Mr. Merriam: In that a point on a bluff?
Mr. Kanahele: Yes, it is.

Mr. Merriam: Are you in agreement with Mr. Newton's statement, that the Alexander survey was a bluff point survey over to point "A"?
Mr. Kanahele: Not to point A. They may be bluff to bluff points but not to point "A".

Mr. Merriam: That is, you have indicated Mr. Baldwin's line from X-rock, B to B, on the applicants' amended map, runs to your point "A" on Exhibit 13, do you not?
Kanahele: Yes.

Mr. Merriam: And his next line runs from E to E?
Mr. Kanahele: Yes.

Mr. Merriam: You admit that point A is on a ridge, do you not?
Mr. Kanahele: Yes.

Mr. Merriam: Can you state whether that point is a point from which he would be able to see X-rock?
Mr. Kanahele: It is impossible.

Mr. Merriam: you think so? 
Mr. Kanahele: I absolutely know so.

Merriam: How do you know?   
Mr. Kanahele: There are authorities, as Mr. Newton has stated.

[page 469]
Mr. Merriam: From the evidence you have produced?
Mr. Kanahele: Yes.

Mr. Merriam: I will call your attention to this same map "Contestants' Exhibit 13", wherein you have indicated that the line D to C is the correct line for the line from the X-rock at B, Applicants' amended petition, to Kapoli Spring?
Mr. Kanahele: Yes.

Mr. Merriam: You admit that the Alexander Survey calls for the point at the sea, the last point before you go to X-rock, shall be at the sea at high water mark?
Mr. Kanahele: Yes.

Mr. Merriam: I also call your attention to the fact you have reached the sea at this point here, it is s what?
Mr. Kanahele: High water mark.

Mr. Merriam: And where is Kapoli Spring? At sea?
Mr. Kanahele: At sea.

Mr. Merriam: By what right, did you go beyond high water mark after reaching the sea to get Kapoli Spring, course what?
Mr. Kanahele: by the right that in a survey, monuments prevail.

Mr. Merriam: You had better define that survey; you mean Ukumehame?
Mr. Kanahele: Yes.

Mr. Merriam: The map is a part of it; by what right did you make that line?
Mr. Kanahele: As I have stated before, by the right, monuments prevail.

Mr. Merriam: Is not the sea a monument?
Mr. Kanahele: Yes sir.

Mr. Merriam: Why didn't you stop there; you had reached the sea called by the boundary certificate?
Mr. Kanahele: The reason why I did not stop there was for my investigation of a survey. In inquiring about from the different kamaainas, who actually pointed the Spring out to me, and who also claim that the Spring was the end of [page 470] Ukumehame and Waikapu by the sea; I therefor concluded that Kapoli Spring was a monument to be taken into consideration in this survey. The line that I took from the ridge point mauka of Puuhele, the angle that I took, from the ridge point, mauka of Puuhele, diverting it toward the sea, was some 10 feet in of this line (from C to D) 10 feet inland, which line did not cross the sea coast at high water mark.

Mr. Merriam: Why did: you mention that line, when you are contending for this line?
Mr. Kanahele: Because this is the line pointed out to me by the kamaaina.

Mr. Merriam: That is the line you think should be right?
Mr. Kanahele: Yes.
 
Mr. Merriam: You have stated that you have assembled information from kamaainas on which you base your interpretation of the main line in dispute (from B to C) and beyond to the coastline, what kamaainas?
Mr. Kanahele: Kamaka Kailianu, Piimoku, Moses Kalani and James Cornwell.

Mr. Merriam: All individuals about how old?
Mr. Kanahele: The youngest is 57, oldest is 73.

Mr. Merriam: How, Mr. Kanahele, in your location of your flag, are your locations are the ridge point at A, you have stated that your first flag was at A.
Mr. Kanahele: Yes.

Mr. Merriam: Shown on Contestants' Exhibit 14?
Mr. Kanahele: Yes.

Mr. Merriam: And your second location was at B?
Mr. Kanahele: Yes.

Mr. Merriam: Why did you change from A to B?
Mr. Kanahele: Because B was to my mind a better point for any surveyor to select.    .

Mr. Merriam: From what natural character was it a better point.
Mr. Kanahele: It had a better commanding view of the lower lands.

Mr. Merriam: A better commanding view of the rock?

[page 471]
Mr. Kanahele: Of the lower land between the rock and Kapoli Spring.

Mr. Merriam: Did it have a better commanding view of the rock itself?    .
Mr. Kanahele: It had just as good.

Mr. Merriam: Did it have a better commanding view of the rock itself?
Mr. Kanahele: It had the same commanding view.

Mr. Merriam: Can you state, that second B, commands a better location at B, than Baldwin's location at C?
Mr. Kanahele: I can see the bottom of my flag, you cannot see the point of Mr. Baldwin's flag; the point right next to the ground.

Mr. Merriam: However, you recognized that Mr. Baldwin's point at C is a point at a higher elevation than your point?
Mr. Kanahele: A little higher.

Mr. Merriam: I would call your attention to Contestants' Exhibit 13 and ask you if on either of these two lines, B to A, or D to C, there are any reference there to Kamaainas' names, on which we base the location of these lands; or on whose information was based the location?
Mr. Kanahele: They are not actually kamaainas, excepting that here, it reaches the line further. No kamaainas.

Mr. Kanahele: on re-direct examination.

Mr. Hewitt: In your estimation, is it possible that between 1874 and 1925, there was a slight change of 3 or 4 feet at High tide mark in the vicinity of Kapoli Spring?
Mr. Kanahele: Very probable.

Court adjourns until 9 o'clock a.m. July 12/2.

[page 472]
July 12/27, 9 a.m.

James Cornwell called and sworn. 

Mr. Hewitt: Your name please?
Mr. Cornwell: James Cornwell.

Mr. Hewitt: And how old are you?
Mr. Cornwell: 57 last May.

Mr. Hewitt: And are you related to Henry Cornwell?
Mr. Cornwell: W.R.Cornwell.

M. Hewitt: Are you related to W.H. Cornwell?
Mr. Cornwell: Yes.

Mr. Hewitt: In what way?
Mr. Cornwell: My father.

Mr. Hewitt: the original H. Cornwell was your grandfather?
Mr. Cornwell: Yes.

Mr. Hewitt: the Cornwell who lived what is called and known to the Cornwell beach house near Maalaea?
Mr. Cornwell: Yes, I stayed there.

Mr. Hewitt: Are you familiar with the location about the beach house there?
Mr. Cornwell: Yes.

Mr. Hewitt: Do you know where Kapoli Spring is?
Mr. Cornwell: Yes, right behind my little beach house; little close.

Mr. Hewitt: Describe it, please more fully. Can you give us a better description of the Spring. What do you mean "just behind your house?"
Mr. Cornwell: My house in the front and that was behind, close by the beach.

Mr. Hewitt: what does it look like around the Spring:
Mr. Cornwell: They dig a hole there for cattle to go in there to drink at Kapoli.

Mr. Hewitt: What is there on the makai side of the Spring, if anything?
Mr. Cornwell: Nothing but rocks.

Mr. Hewitt: What kind, how many?
Mr. Cornwell: Plenty rocks, big stones.

Mr. Hewitt: How many big stones?
[page 473]
Mr. Cornwell: About 5 or 6 big stones maybe more.

Mr. Hewitt: Are there any unusual large stones? Out in front there, just makai of the spring?
Mr. Cornwell: About 3 great big stones.

Mr. Hewitt: How long have those three big stones been there?
Mr. Cornwell: Since I was a kid.

Mr. Hewitt: Same place?
Mr. Cornwell: yes.

Mr. Hewitt: Is the Spring right in the vicinity of those 3 big stones?
Mr. Cornwell: Little mauka.

Mr. Hewitt: Do you know that place a little more on the Lahaina side where the cliff goes up straight?
Mr. Cornwell: I know it, they call it Pall Hai.

Mr. Hewitt: Has there been much change?
Mr. Cornwell: No, very little change.

Mr. Hewitt: Do you know the name of the place under Pali Hai?
Mr. Cornwell: There is s a little spring over there. At high tide you get water, and low tide you see it coming out. High tide there is salt water.

Mr. Hewitt: What is the name of that spring?
Mr. Cornwell: I forgot the name of that spring.

Commissioner: How long have you lived there?
Mr. Cornwell: Well, I never lived there altogether.

Commissioner: How long have you been well acquainted with that place?
Mr. Cornwell: All my life.

Commissioner: The little spring has a Hawaiian name?
Mr. Cornwell: Yes.

Commissioner: Do you know what it is?
Mr. Cornwell: I know, but I forgot.

Mr. Hewitt: Is it Waikui?
Mr. Cornwell: Waikui.

Mr. Hewitt: How long have you known, that was the name of the Spring?
Mr. Cornwell: I know Kapoli and that water down there.

Hewitt: You knew about the two springs and their names?
[page 474]
Mr. Cornwell: Yes.

Mr. Hewitt: Long before you knew me?
Mr. Cornwell: yes.

Mr. Hewitt: What do you know about the divide line in that vicinity between the lands of Ukumehame and Waikapu?
Cornwell: I do not know about the boundary of Ukumehame and Waikapu.

Mr. Hewitt: Do you know at what place at the sea they are divided?
Mr. Cornwell: I do not know.

Mr. Hewitt: Do you know about what land the beach house was?
Mr. Cornwell: My grandmother told me it was on Ukumehame.

Mr. Hewitt: What else did she tell you?
Mr. Cornwell: I ask her first, when she made a deed to us. She is dead 30 years ago. If we have a right to those houses down there and she said, no. I ask my grandmother if we have the right there. She said, we have no right. My grandmother told me it belongs to the Government; when they told you to go, go.

Mr. Hewitt: Did you subsequently file a preference right claim with the Government?
Mr. Cornwell: No, I never put in until just lately.

Mr. Hewitt: When?
Mr. Cornwell: About 6 years.

Mr. Hewitt: You filed preference right claim for the land where the beach house is?
Mr. Cornwell: Yes.

Mr. Hewitt: Do you recall having taken a lease of that land from the Wailuku Sugar Co.?
Mr. Cornwell: Yes.

Mr. Hewitt: How did you happen to do that?
Mr. Cornwell: When they came to me, They said it belong to them. I said if it belong to them, I might take a lease; better than going out. Penhallow came there and said the place belonged to them, and I leased it. I did not want to go away, I rather stay there and pay $1 a year.

Mr. Hewitt: What was your belief at that time as to the [page 475]
nature of their right there?
Mr. Cornwell: Well, I thought that the Government and Plantation had made everything to the plantation, that is how Penhallow came to me to lease the place, that is why I took the lease.

Mr. Hewitt: You thought the Government had fixed it up with the plantation?
Mr. Cornwell: Maybe the Government had given the plantation the place; that is the reason I took the lease from the plantation.

Mr. Hewitt: Did Mr. Baldwin, the surveyor, speak, bring up that subject to you about Kapoli Spring?
Mr. Cornwell: Yes.

Mr. Hewitt: How long ago?    ,
Mr. Cornwell: I do not remember. Sometime ago he came to the house. He asked me. I told him about Kapoli Spring.

Mr. Hewitt: You did not tell him you did not know anything about Kapoli Spring?
Mr. Cornwell: I told him I know about Kapoli Spring.

Mr. Cornwell: on cross-examination

Mr. Merriam: You made the statement that you understood the location of Kapoli Spring to be right behind the Cornwell house?
Mr. Cornwell: Yes, little.

Mr. Merriam: On which side of the house, toward what locality?
Mr. Cornwell: The house face down the beach.

Mr. Hewitt: Looking toward Olowalu?
Mr. Cornwell: The house face down the beach on that side behind

Mr. Merriam: Toward what place?
Mr. Cornwell: Toward Waikapu side.

Mr. Merriam: How far from the Cornwell house is Kapoli Spring?
Mr. Cornwell: About 100 feet, or little more.

Mr. Merriam: How far from high tide line is Kapoli Spring? Is the location of Kapoli Spring?
Mr. Cornwell: Well, at high tide, water come to the bank of Kapoli Spring.

[page 476]
Mr. Merriam: Is it not a fact that at low tide, there is a large amount of water coming out for a long distance along the shore between the Cornwell house and beyond the Cornwell house on the Olowalu side, also back toward Maalaea landing; isn't there a lot of fresh water coming out along the beach?
Mr. Cornwell: Little way by Kapoli, not go over to Maalaea side.

Mr. Merriam: On the Olowalu side?
Mr. Cornwell: Very Little.

Mr. Merriam: At different places?
Mr. Cornwell: Yes.

Commissioner: What do you mean by different places, how many, ½ dozen, 3 or 12?
Mr. Cornwell: Where Kapoli spring come out, it shoots out; here and there. No water at all over the other side, until Pali Hai, where Waikui is.

Mr. Merriam: Any fresh water between those two points?
Mr. Cornwell: No.

Merriam: At low tide condition?
Cornwell:  Yes.

Mr. Merriam: You say that your grandmother told you that the land on which your present house stands was government land?
Mr. Cornwell: Yes.

Mr. Merriam: What is your grandmother's name?
Mr. Cornwell: Kapu Luzada.

Mr. Merriam: How old were you when she told you that?
Mr. Cornwell: About 23 or 24.

Mr. Merriam: And how old was she?
Mr. Cornwell: I could not tell.

Mr. Merriam: About how old?
Mr. Cornwell: About 60, I think.

Mr. Merriam: You said that you have filed a preference right claim to this land with the land Commissioner about 6 Years?
Mr. Cornwell: About 5 or 6 years.

[page 477]
Mr. Merriam: What did the land commissioner do with this application for preference right?
Mr. Cornwell: I guess they threw it out, I never heard any more,

Mr. Merriam: He has never taken it up with you since?
Mr. Cornwell: No.

Mr. Merriam: You have stated that you knew nothing about the boundary lines between the lands of Ukumehame and Waikapu?
Mr. Cornwell: No.

Mr. Merriam: What you learned was hearsay from others, that is your grandmother?
Mr. Cornwell: Yes.

Moke Kalani called and sworn.

John Ferreira as Hawaiian Interpreter.

Mr. Hewitt: What is s your name?
Mr. Kalani: Moke Kalani.

Mr. Hewitt: How old are you?
Kalani: 63.

Mr. Hewitt: Where were you born?
Mr. Kalani: At Haiku, Maui.

Mr. Hewitt: How long did you live at Haiku?
Mr. Kalani: I was 11 years old when I left Haiku.

Mr. Hewitt: Were did you go?
Mr. Kalani: I came to Waikapu.

Mr. Hewitt: Where have you lived since you were 1l years?
Mr. Kalani: At Waikapu.

Mr. Hewitt: All the time?
Mr. Kalani: Yes, from then until now.

Mr. Hewitt:  Where do you live now, Moke?
Mr. Kalani: At Maalaea.

Mr. Hewitt: Do you know where Kapoli Spring is?
Mr. Kalani: Yes.

Mr. Hewitt: Where about?
Mr. Kalani: It is along a well that I dig myself.

Mr. Hewitt: Locate it more definitely?
Mr. Kalani: Kapoli is a wide place, even where the water is coming under,
[page 478]

Mr.
Hewitt: Tell us, where Kapoli Spring is?
Mr. Kalani: Right at the well where we dug.

Mr. Hewitt: Which side of the Cornwell beach house is that?
Mr. Kalani: On the Waikapu side of the beach house.

Mr. Hewitt: Can you describe that spring any more definitely?
Mr. Kalani: Right where that well that we dug and that is Kapoli Spring right there.

Mr. Hewitt: What is just makai of the Spring?
Mr. Kalani: Stones.

Mr. Hewitt: How many?
Mr. Kalani: Four.

Mr. Hewitt: Big ones?
Mr. Kalani: Two large ones and two little ones.

Mr. Hewitt: How long have they been there?
Mr. Kalani: When I was small.

Mr. Hewitt: And were they in the same place they are now in?
Mr. Kalani: Yes.

Mr. Hewitt: What do you know Moke, about the digging of that well near the big pohakus?
Mr. Kalani: the only thing I remember, we dug until we found the water.

Mr. Hewitt: Who dug?
Mr. Kalani: Myself, Kaniala and Kali.

Mr. Hewitt: Where is Kaniala?
Mr. Kalani: Both of them are dead.

Mr. Hewitt: For whom did you dig that well?
Kalani: Cornwell.

Mr. Hewitt: Under what instructions?
Mr. Kalani: Cornwell gave us instructions.

Mr. Hewitt:  What were they?
Mr. Kalani: He gave us instructions to dig the well for the cattle.

Mr. Hewitt: Did he tell you where to dig it?
Mr. Kalani: Yes. We dig the well on a different place, when Cornwell came down and he told us to dig it on his own place.

Mr. Hewitt: Why was it not satisfactory where you first dug it?
[page 479]
Mr. Kalani: He did not want to have the well dug on Ukumehame side.

Mr. Hewitt: So you moved over toward Waikapu?
Mr. Kalani: Yes.

Mr. Hewitt: How much more toward Waikapu did you move then when you dug it the second time?
Mr. Kalani: About 2 feet.

Mr. Hewitt: Moved over toward the Waikapu side?
Mr. Kalani: The well was moved to Waikapu side.

Mr. Hewitt: Will you indicate in the room somewhere in the building, about how far you moved?
Mr. Kalani: (demonstrates 2 feet).

Mr. Hewitt: that is all you moved over?
Mr. Kalani: Yes.

Mr. Hewitt: Moke, going over toward your house from the Cornwell house, going over toward Olowalu, do you know the section of the beach where the cliff goes up straight?
Mr. Kalani: Yes.

Mr. Hewitt: You know the name of that place?
Mr. Kalani: Yes.

Mr. Hewitt: What is it?
Mr. Kalani: Pali Hai.

Mr. Hewitt: What is the name of the place just under that on the Olowalu side?
Mr. Kalani: Kalama.

Mr. Hewitt: Is there any Spring over near Pali Ha`i?
Mr. Kalani: Yes.

Mr. Hewitt: What is the name of it?
Mr. Kalani: That is the name of that place, Pali Ha`i.

Mr. Hewitt: Do you know of any name for the Spring over there?
Mr. Kalani: I do not know the name of the Spring, but there is water from Pali Ha`i to Kalama.

Mr. Hewitt: Fresh water?
Mr. Kalani: Water could be drunk.

Mr. Hewitt: How far is that to Kalama?
Mr. Kalani: Quarter of a mile.

[page 480]
Mr. Hewitt: Is that place, or [are?] those springs ever known as Kapoli springs?
Mr. Kalani: Yes.

Mr. Hewitt: That is the spring near Pali Ha`i, are they known as Kapoli springs?
Mr. Kalani: Kapoli Spring is from the farther side, but on this side, there is a lot of water.

Mr. Hewitt: But when the old Hawaiians speak of Kapoli Spring, what did they mean?
Kalani: In the olden time, it is the place where people that were sick, they go there to recuperate.

Mr. Hewitt: What was as referred to when they spoke of Kapoli Spring?
Mr. Kalani: It means “bring to health."

Mr. Hewitt: what place did they mean when they say, Kapoli Spring?
Mr. Kalani: At the well that we dig, that is the place we call Kapoli. There is a wide space. That Kapoli was a wide space.

Commissioner: What does he mean by wide space, from here to the old church, or does he mean from here to down town?
Mr. Kalani: About the size of this room.

Mr. Hewitt: Moke, that place called "Pali Ha`i" has that Pali changed much since you were a boy?
Mr. Kalani: It has all fallen down.

Mr. Hewitt: How much has it changed since you were a boy?
Mr. Kalani: The sea hits it quite often, and the dirt loosen, the road is still there.

Mr. Hewitt: The same road that was there when you were a boy?
Mr. Kalani: Yes.

Mr. Hewitt: that is all.

Mr. Hewitt: When you dug that well at Kapoli, you did not finish it up?
Mr. Kalani: Because the water was running after, when it was low tide; so Cornwell told us to go there and dig it and bank it, on the makai side.

Mr. Hewitt: Did you bank it up with stones on the side?
[page 481]
Mr. Kalani: Yes.

Mr. Hewitt: Why did you bank it up with stones on the makai side?
Mr. Kalani: The sea gets in.

Mr. Hewitt: Now, did Mr. Baldwin ever ask you anything about Kapoli Springs?
Mr. Kalani: Yes.

Mr. Hewitt: What did you tell him about Kapoli Spring?
Mr. Kalani: I told him about the size of this room, that is Kapoli.

Commissioner: I wish you gentlemen to make a rough sketch where that house is and where the ocean comes in.

Moke Kalani on cross-examination

Mr. Merriam: Kalani, you knew, remember Henry Cornwell?
Mr. Kalani: Yes.

Mr. Merriam: Did you know his son, W.H. Cornwell?
Mr. Kalani: Yes.

Mr. Merriam: And did you know Jas. L. Cornwell?
Mr. Kalani: Yes.

Mr. Merriam: For whom had you worked in the Cornwell family?
Mr. Kalani: the elder Cornwell, Henry Cornwell.

Merriam: What was your work?
Mr. Kalani: Pulling sugar, carrying sugar.

Mr. Merriam: From what place to what place?
Mr. Kalani: From  Waikapu to Wailuku.

Mr. Merriam: You know the location of the old Cornwell house at the flat section on the shore of Maalaea Bay?
Mr. Kalani: Yes.

Mr. Merriam: What was that house built of?
Mr. Kalani: It is a sugar house.

Mr. Merriam: What material was it built of?
Mr. Kalani: Lumber, wooden.

Mr. Merriam: Was that house destroyed by fire?
Mr. Kalani: No, it was broken down.

Mr. Merriam: Is the new house on the same location as the old house? [page 482]
Mr. Kalani: there is no new house now.

Mr. Merriam: Ask him, if he recognizes the flat land, the Olowalu side of Maalaea Bay, where the present Cornwell house is (showing witness Applicants' Exhibit D); the house in which Jas. Cornwell now lives?
Mr. Kalani: Yes.

Mr. Merriam: Is that the same location that the first house that was built in early days, was built on?
Mr. Kalani: Yes.

Mr. Merriam: Who lived in that house, the first house?
Mr. Kalani: Well, the first house that was there, it was the, sugar house. There was no other house built on that place. The house that is built is on the other side.

Mr. Merriam: On the other side of what?
Mr. Kalani: On the Lahaina side.

Mr. Merriam: So that the present house, that Jas. L. Cornwell lives in is on the Lahaina side of this location?
Mr. Kalani: Yes.

Mr. Merriam: On the flat land?
Mr. Kalani: Yes.

Mr. Merriam: Near the sea?
Mr. Kalani: Yes.

Merriam: Makai of the Government road?
Mr. Kalani: Yes.

Mr. Merriam: Do you know who built the present house that Jas. L Cornwell lives in?
Mr. Kalani: Cornwell.

Merriam: Did he build it for his own use?
Mr. Kalani: Yes.

Merriam: Who lived in the same house with him as his wife?
Mr. Kalani: Kapu.

Mr. Merriam: This flat land on the Lahaina side of Maalaea bay, where the Cornwell house stands, is known under what name of land?
Mr. Kalani: Maalaea is the general name of the whole place.

Mr. Merriam: Is there any local name?
Mr. Kalani: No, known as Maalaea.

[page 483]
Mr. Merriam: The present Cornwell house is situated and located on whose land; does he know?
Mr. Kalani: Before the lands belong to him, now, I think it belongs to the Government.

Mr. Merriam: Do you know the location of the boundary line between the land of Waikapu and Ukumehame, makai of the Government road?
Mr. Kalani: Yes.

Mr. Merriam: Where is that boundary line; below the Government road?
Mr. Kalani: Right at the Spring that we dug is a cliff, rock; Waikapu is separated and Ukumehame is separated.

Mr. Merriam: How do you know that?
Mr. Kalani: Because Cornwell came down and told us not to dig the well on that place, because it belongs to Ukumehame.

Mr. Merriam: When you dug this well for Mr. Cornwell for the spring water, you dug a hole how wide and how deep?
Mr. Kalani: 6 feet deep and 4 feet wide.

Mr. Merriam: When did you dig this well, what year, or about what time?
Mr. Kalani: That is the thing I do not remember.

Mr. Merriam: Which Cornwell gave you orders to dig the well?
Mr. Kalani: Father.

Mr. Merriam: Henry?
Mr. Kalani: Yes.

Mr. Merriam: You spoke of Pali Ha`i section being about the same condition as it was when you were a boy, and said that the road is still there?
Mr. Kalani: It is a mark going up, that is the only thing left.

Mr. Merriam: He means that the road of his childhood days, is the old trail of to-day?
Mr. Kalani: Yes.

Mr. Merriam: And not the present Government road?
Mr. Kalani: No.

Mr. Merriam: "You made a statement that Kapoli was a wide space, [page 484] What did you mean by "Kapoli" when you said "Kapoli was a wide space"?    _.
Mr. Kalani: In the olden time, they call that place "Kapoli” a big space.

Mr. Merriam: You then indicate that Kapoli was a wide space?
Mr. Kalani: Yes.

Mr. Merriam: And mean by that, that it is a name given to a land area there?
Mr. Kalani: Yes.

Mr. Merriam: How many acres do you think there would be in the land called "Kapoli"?
Mr. Kalani: I think: it is over 2 acres.

Mr. Merriam: I think that is all.

Moke Kalani on re-direct examination

Mr. Hewitt: (showing witness a sketch) This little sketch drawn by Mr. Newton, represents here the road to Wailuku and this way to Lahaina; and this represents the Cornwell present house; where is your house located?
Mr. Kalani: My house is at Kalama.

Mr. Hewitt: Which way did you mean toward Wailuku or Lahaina?
Mr. Kalani: Toward Lahaina.

Mr. Hewitt: Where is the approximate location of Kapoli on this?
Mr. Kalani: It is not so close to the house, it is further over from the house.

Mr. Hewitt: Tell him this is the beach.
Mr. Kalani: (Points out X on the sketch) a big rock is just below. (rocks marked a,b,c).

Commissioner: He said that Kapoli was a piece of land approximately 2 acres; tell him to put a line on this side of the land and line on the other side as it runs on the coast; the land he knew as "Kapoli".

Mr. Kalani: There is a house, Haleole house.

Commissioner: Near the wharf?
Mr. Kalani: Not very close to the wharf. (Draws diagram from Haleole house passing the Cornwell house).

Mr. Merriam: What is that known by?
[page 485]
Mr. Kalani: I think that is 2 acres.

Mr. Merriam: And known by what name?
Mr. Kalani: Known as Kapoli.

Mr. Hewitt: Offer this sketch in evidence.

Moke Kalani on re-cross examination

Mr. Merriam: In your statement regarding the boundary below the Government road, you said it reached a cliff or rock; how high above sea level was that cliff or rock?
Mr. Kalani: Not very high.

Mr. Merriam: How many feet?
Mr. Kalani: Over three feet, about as high this table.

Mr. Merriam: Was the cliff or rock makai or mauka of that old trail of your boyhood days?
Mr. Kalani: At makai, lower.

Recess of ten minutes.

Mrs. Piimoku called and sworn.

John Ferreira as Hawaiian Interpreter.

Mr. Hewitt: Your name, please?
Mrs. Piimoku: Piimoku.

Mr. Hewitt: How old are you?
Mrs. Piimoku: 73.

Mr. Hewitt: Where were you born?
Mrs. Piimoku: Lahaina.

Mr. Hewitt: How long did you live there?
Mrs. Piimoku: I think I was about 15 years.

Mr. Hewitt: And then where did you go?
Mrs. Piimoku: Came to Waikapu.

Mr. Hewitt: Have you lived at Waikapu ever since?
Mrs. Piimoku: I lived in Wakapu [sic], married, had children and grandchildren.

Mr. Hewitt: You are almost a kamaaina?
Mrs. Piimoku: I am a kamaaina at this time.

Mr. Hewitt: Do you know where Kapoli Spring is?
Mrs. Piimoku: It is where it is until now.

Mr. Hewitt: Where is that?
[page 486]
Mrs. Piimoku: At Maalaea.
Mr. Hewitt: Where in relation to the Cornwell beach house?

Mrs. Piimoku: Cornwell house is quite a distance, this spring is near the rocks.
Mr. Hewitt: How many?

Mrs. Piimoku:  Lot of aa there, stones there.

Mr. Hewitt: Are there any unusually  large stones there?
Mrs. Piimoku: That is where they leave the naval of children; in those rocks.

Mr. Hewitt: How many of those big rocks?
Mrs. Piimoku: Two.

Mr. Hewitt: And what did they use to do with those rocks?
Mrs. Piimoku: I do not know. The people, older people say
to put the navel there and the children go and come back to the parents.

Mr. Hewitt: They us used two of those rocks for that?
Mrs. Piimoku: There is only one stone they reserve for that, makai of the spring, there is a flat rock there.

Mr. Hewitt: Making how many large stones?
Mrs. Piimoku: Two.

Mr. Hewitt: Are there any smaller rocks?
Mrs. Piimoku: Lot of them; it is a point.

Mr. Hewitt: Where in relation to these rocks is Kapoli spring?
Mrs. Piimoku: Rocks are makai and Kapoli is mauka side, only a little spot; when Cornwell raised cattle and dug it up, dug it up for place for the cattle to drink.

Mr. Hewitt: Right near the spring?
Mrs. Piimoku: Yes.

Mr. Hewitt: Is that the only spring known by the Hawaiians as "Kapoli Spring"?
Mrs. Piimoku: Yes.

Mr. Hewitt: Do you know, Piimoku, that place where the cliff goes up straight on the Lahaina aide of Kapoli?
Mrs. Piimoku: Pali Ha`i.

Hewitt: Where does Pali Ha`i i begin as you go from the Cornwell house toward. Lahaina?
Mrs. Piimoku: It commences from Pohaku Puupuu, goes to Pali [page 487] Ha`i, and then to Waiku`i.

Mr. Hewitt: What is this Pohaku puupuu?
Mrs. Piimoku: Stones lumpy, here and there.
Mr. Hewitt: How big are those lumps of stones?
Mrs. Piimoku: Just like my fingers.

Mr. Hewitt: How big is the whole lump?
Mrs. Piimoku: this big rock between  those rocks, are the small ones, like marble.

Mr. Hewitt: Where is Pohaku puupuu in regard to the big Pali?
Mrs. Piimoku: right close.

Mr. Hewitt: How close is it to Pali Ha`i?
Mrs. Piimoku: About a space, there is a road, ally, leading between these rocks going to the beach.

Mr. Hewitt: Between Pali Ha`i and  Puupuu?
Mrs. Piimoku: Yes, there is a road for people to go to fishing.

Mr. Hewitt: On the beach?
Mrs. Piimoku: Yes.

Mr. Hewitt: How long has Pohaku puupuu been in that location?
Mrs. Piimoku: I am old now; has been there all that time.

Mr. Hewitt: Has it been there ever since you can remember?
Mrs. Piimoku: It has been there all the time until now.

Mr. Hewitt: You say that Pali Ha`i extends over to Waiku`i?
Mrs. Piimoku: Waiku`i is above Cornwell's house.

Mr. Hewitt: Which way?
Mrs. Piimoku: Waikapu side.

Mr. Hewitt: What is there?
Mrs. Piimoku: The water of Waiku`i.

Mr. Hewitt: You said awhile ago, that Pali Ha`i runs from Pohaku puupuu to Waiku`i?
Mrs. Piimoku: Yes.

Mr. Hewitt: In what direction are you going from Cornwell's house when you go from Pali Ha`i to Waiku`i?
Mrs. Piimoku: On the Ukumehame side, going this way.

Mr. Hewitt: So Waiku`i is on the Ukumehame side of the Cornwell beach house?
Mrs. Piimoku: That is what I think.

Mr.Hewitt: What is there at Waiku`i?
[page 488]
Mrs. Piimoku: There is a little well, where the people go and drink, Hawaiians use [used]  to go and drink.

Mr. Hewitt: Was there as much water there as Kapoli?
Mrs. Piimoku: No, Kapoli has more water.

Mr. Hewitt: Do you know of any other spring in that vicinity besides Waiku`i and Kapoli?
Mrs. Piimoku: Right above Kapoli, when they blasted rock for the road, they found water.

Mr. Hewitt: I mean in the olden days?

Mrs. Piimoku: No, no other but the two.

Mr. Hewitt: Has there been much change in, that coast in Pali Ha`i i since you were a child?
Mrs. Piimoku: No, just the same. When it is very high tide, hits on the rock and dirt goes off.

Mr. Hewitt: How much change has taken place in the Pali, how much has it gone back, since you were a child.
Mrs. Piimoku: I think it is only one foot.

Mr. Hewitt: That is all.

Mr. Merriam: No cross-examination.

Mr. Hewitt: That concludes contestants' case.
Commissioner: Contestants rest.

Recess.

Joseph Cockett called and sworn

Mr. Merriam: Your name is what?
Mr. Cockett: Joseph Cockett.

Mr. Merriam: Where do you reside?
Mr. Cockett: Waikapu.

Mr. Merriam: For how long have you resided there?
Mr. Cockett: My birthplace.

Mr. Merriam: Are you acquainted with Kamaka Kailianu?
Mr. Cockett: Yes air, I know him well.

Mr. Merriam: Did you go with Mr. Baldwin to see Mr. Kamaka Kailianu at Waikapu?
Mr. Cockett: Yes sir.

Mr. Merriam: Did Mr. Baldwin ask Kamaka Kailianu what he knew of the boundary line between the two lands of [page 489] Ukumehame and Waikapu at the beach makai of the Government road?
Mr. Cockett: I do not know.

Mr. Merriam: Did Mr. Baldwin ask Kamaka Kailianu what he knew of the boundary line between the two lands of Ukumehame and Waikapu?
Mr. Cockett: Yes.

Mr. Merriam: What did Kamaka Kailianu say?
Mr. Cockett: He says up the road on X, the boundary, and he stated that was flat stone marked X; that is I never know. Mr. Baldwin said he found it out.

Mr. Merriam: What did he say about his knowledge of the boundary line between Ukumehame and Waikapu?
Mr. Cockett: He stated he did not know.

Mr. Merriam: He didn't know anything about that section of the boundary line?
Mr. Cockett: He stated he did not know.

Mr. Hewitt: Did Mt. Baldwin ask Kailianu where Kapoli spring was?
Mr. Cockett: Yes.

Mr. Hewitt: He told Mr. Baldwin?
Mr. Cockett: Yes, and he said he knows the spring water.

Mr. Hewitt: What did Mr. Baldwin say when the conversation was finished?
Mr. Cockett: Nothing.

Mr. Hewitt: He did not say it was a hard case?
Mr. Cockett: He said he could not find out the regular kamaaina.

Mr. Hewitt: Did he make a remark "hard case"?
Mr. Cockett: I did not hear that.

Mr. Merriam: That closes our case.

Argument by counsel.
[page 490]
Commissioner: In the Matter of the Settlement of the Boundaries of Kapoino, on appeal from the Boundary Commissioner to our Supreme Court, (Volume 8, page 2), the Court says:

"Testimony of persons familiar with the boundaries of lands in this Kingdom is becoming more and more difficult to obtain as the old Hawaiians die off; and appeals from Boundary Com missioners present questions of fact difficult to settle."

Thirty eight (38) years later the undersigned, as Commissioner, is much impressed with the correctness of this statement.

The Commissioner accepted the opportunity of inspecting the several localities said to play a part in marking the boundary line between Waikapu and Ukumehame; among others the wind-ridden spot referred to in the testimony as "Ridge Point A", where even a metal weather-cock would be warranted in striking because of long hours. On “Ridge Point A" we found several piles of stone. Perhaps, more correctly speaking these should be referred to as having formerly been piles of stone; Down through the years, as Surveyors have had occasion to visit this ridge, each has made an 'honest guess' as to which pile of stones really represented the true ridge point in the Alexander survey.
From the evidence, oral and documentary, aided very much by a personal: view of the premises, the Commissioner feels quite satisfied, and finds, that the particular point on the ridge, as claimed by Petitioners, and as determined by M. Erdmann D. Baldwin, to be the true crown top point is approximately correct. It is on the ridge. It appears to be the highest point. It is a station from which other points, both above and below, are clearly visible.

[page 491]
Decision
Upon the evidence adduced; proceedings had, and information derived from a personal inspection of the several points involved, the Commissioner decides that the true, lawful and equitable boundaries of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, are as claimed by the Applicants, to-wit:

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 55' 16,300 feet from a granite post, marking the southeast corner of the Ahupuaa of Wailuku, and running by true azimuths:

1. 115° 55' 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the co-ordinates of said Pohakoi rock, referred to Luke Trig. Station, (of the U. S. Coast and Geodetic Survey), are 4438.90 feet south and 3092.05 feet west;
2. 106° 151 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge, to stone post, on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up on the top of this ridge, to a point on the main Iao Valley ridge. The direct azimuth and distance being 83° 30' 3480.0 feet;
5. Thence along Wailuku, along up the center of the ridge, following the watershed, to the top of the ridge, forming the head of Ukumehame Valley; the direct azimuth and distance being 67° 00' 12,460.0 feet.
6.  Thence along Ukumehame, along the top of the ridge, along Ukumehame Valley, to the top of the ridge, forming the southeast head of Ukumehame valley; the direct azimuth and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the top of the ridge following the water shed, to the Forest Reserve monument, on top of Puu Anu Hill, the direct azimuth and distance being 325° 50' 5095.0 feet; [page 492]
8. Thence along Ukumehame, along down the top of the ridge, along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3676.0 feet;
9.  hence along Ukumehame, along down the ridge along the south side of Pohakea Gulch, to a 1 1/4 inch galv. pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02+ 30" 6891.0 feet;
10.  258° 37' 30" 4216.8 feet, along Ukumehame, to a cross on large rock. The cross on large rock is located 85 feet mauka from the present Government Road, and bears from Puu Hole Trig. Station, by azimuth and distance 144° 15' 1238.2 feet;
11. 14° 45' 9563.4 feet, along Ukumehame, passing over three one inch pipes, set in concrete monuments, one at 8925.0 feet, located on the north side of the road to Lahaina, the second at 9308.2 feet, and the third at 9444.6 feet. The azimuth 14° 45', is used on this line, as established by S.M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
12. Thence down the pali to the Sea-coast, on azimuth 296° 20' 147.0 feet
13. Thence along the sea, to a point, about 75 feet south of the old Maalaea Wharf, said point being azimuth and distance 338° 27' 135.0 feet' from a one inch pipe in concrete monument, located on the mauka side of the Government Road, near the bend of said road. The direct azimuth and distance from end of course 12, being 226° 57' 1412.4 feet;
14. Thence along the sea, to the boundary of Pulehunui, - the direct azimuth and distance being 279° 21' 15,366.5 feet;
15. 180° 24' 3538.0 feet, along Pulehunui, to a stone marked thus [curving up arrow];
16. 170° 08' 9383.0 feet along Pulehunui191° 49' 4312.0 feet along Pulehunui, to a stone marked thus [curving up arrow], amongst a lot of stones;
17. 229° 45' 5147.0 feet along Pulehunui;
18. 228° 51' 1780.0 feet along Pulehunui to the point of beginning.
Containing an area of 15,690 Acres, (more or less).

D.H. Case, Commissioner of Boundaries, Second Judicial Circuit, Territory of Hawaii.
[page 493]

See Decision of Supreme Court in re Appeal of this case in 31 Haw. 31, 118, also this book for new certificate No. 230 on pages 529-532.

The Ahupuaa of Waikapu in the District of Wailuku, Island of Maui, Territory of Hawaii, Royal Patent (Grant) 3152, to Henry Cornwell

Before the Commissioner of Boundaries, Second Judicial Circuit,
Daniel H. Case, Esquire, Commissioner

In The Matter of The Boundaries of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii.

Certificate
As Commissioner of Boundaries for the Second Judicial Circuit, Territory of Hawaii, I hereby certify that the true lawful and equitable boundaries of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, are as follows

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 55' 16,300 feet from a granite post, marking the southeast corner of the Ahupuaa of Wailuku, and running by true azimuths:

[page 494]

1. 115° 55' 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the co-ordinates of said Pohakoi rock, referred to Luke Trig. Station, (of the U. S. Coast and Geodetic Survey), are 4438.90 feet south and 3092.05 feet west;
2. 106° 151 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge, to stone post, on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up on the top of this ridge, to a point on the main Iao Valley ridge. The direct azimuth and distance being 83° 30' 3480.0 feet;
5. Thence along Wailuku, along up the center of the ridge, following the watershed, to the top of the ridge, forming the head of Ukumehame Valley; the direct azimuth and distance being 67° 00' 12,460.0 feet.
6.  Thence along Ukumehame, along the top of the ridge, along Ukumehame Valley, to the top of the ridge, forming the southeast head of Ukumehame valley; the direct azimuth and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the top of the ridge following the water shed, to the Forest Reserve monument, on top of Puu Anu Hill, the direct azimuth and distance being 325° 50' 5095.0 feet; [page 492]
8. Thence along Ukumehame, along down the top of the ridge, along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3676.0 feet;
9.  hence along Ukumehame, along down the ridge along the south side of Pohakea Gulch, to a 1 1/4 inch gale. pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02+ 30" 6891.0 feet;
10.  258° 37' 30" 4216.8 feet, along Ukumehame, to a cross on large rock. The cross on large rock is located 85 feet mauka from the present Government Road, and bears from Puu Hole Trig. Station, by azimuth and distance 144° 15' 1238.2 feet; [page 495]
11. 14° 45' 9563.4 feet, along Ukumehame, passing over three one inch pipes, set in concrete monuments, one at 8925.0 feet, located on the north side of the road to Lahaina, the second at 9308.2 feet, and the third at 9444.6 feet. The azimuth 14° 45', is used on this line, as established by S.M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
12. Thence down the pali to the Sea-coast, on azimuth 296° 20' 147.0 feet
13. Thence along the sea, to a point, about 75 feet south of the old Maalaea Wharf, said point being azimuth and distance 338° 27' 135.0 feet' from a one inch pipe in concrete monument, located on the mauka side of the Government Road, near the bend of said road. The direct azimuth and distance from end of course 12, being 226° 57' 1412.4 feet;
14. Thence along the sea, to the boundary of Pulehunui, - the direct azimuth and distance being 279° 21' 15,366.5 feet;
15. 180° 24' 3538.0 feet, along Pulehunui, to a stone marked thus [curving up arrow];
16. 170° 08' 9383.0 feet along Pulehunui191° 49' 4312.0 feet along Pulehunui, to a stone marked thus [curving up arrow], amongst a lot of stones;
17. 229° 45' 5147.0 feet along Pulehunui;
18. 228° 51' 1780.0 feet along Pulehunui to the point of beginning.
Containing an area of 15,690 Acres, (more or less).

In Witness whereof, I have hereunto set my hand this 30th day of December 1927.
D.H. Case, Commissioner of Boundaries, Second Judicial Circuit, Territory of Hawaii.


Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, Maui, Volume 3, No. 2, pps. 529-532

[Margin note:] See this book page 493 for first Certificate No. 230 and Decision of Supreme Court on appeal by Territory in 31 Haw. 43, 118.

Before the Commissioner of Boundaries in and for the Second Judicial Circuit, Territory of Hawaii.

In the Matter of the Application of the Wailuku Sugar Company, and the Hawaiian Commercial & Sugar Company, for a Certificate of Boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui.

Commissioner: Daniel H. Case

Certificate of Boundaries No. 230 Certificate Boundaries in Conformity with the Decision of the Supreme Court of the Territory of Hawaii

In the above entitled proceeding for the settlement and a certificate of boundaries for the Ahupuaa of Waikapu, located in the District of Waikapu, Island of Maui, Territory of Hawaii, pursuant to the Decision of the Supreme Court made and entered in said cause on an appeal heretofore taken from the Decision of the Commissioner of Boundaries, Second Judicial Circuit, said Commissioner, in conformity with the Decree of the Supreme Court, finds the boundaries of said Waikapu to be as follows

[page 530]
That the true, lawful and equitable boundaries of the Ahupuaa of Waikapu, in the District of Waikapu, Island of Maui Territory of Hawaii, are as follows:

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being, by azimuth and distance, 115° 55' 16,300 feet from a granite post, marking the south-east corner of the Ahupuaa of Wailuku, and running by true azimuths:

1. 115° 55' 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the coordinates of which said Pohakoi rock, referred to Luke Trig. Station (of the U. S. Coast and Geodetic Survey), are 4438.80 feet South and 3092.05 feet west;
2. 106° 15' 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge to stone post, on the crest of ridge, known as Kalapaokailio
4. Thence along Wailuku, along the top of this ridge, to a point on the main Iao Valley Ridge, the direct azimuth and distance being 83° 30' 3480.0 feet;
5.  Thence along Wailuku, along the center of the ridge, following the watershed, to the top of the ridge forming the head of Ukumehame Valley; the direct azimuth and-distance being 67° 00' 12,460.0 feet;
6. Thence along Ukumehame, along the top of the ridge along Ukumehame Valley, to the top of the ridge forming the south-east head of Ukumehame Valley; the direct and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the crest of the ridge following the watershed, to the Forest Reserve monument, on top of Puu Anu Hill, the direct azimuth and distance being 325° 50' 5085.0 feet;
[page 531]
8. Thence along Ukumehame, along down the crest of the ridge, along the south side of Pohakea Gulch, to a 1-1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3676.0 feet;
9.  Thence along Ukumehame, along down the ridge along the south side of Pohakea Gulch, to a 1-1/4 inch gale. pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02' 30" 6891.0 feet;
10. 258° 3' 30" 4216.8 feet, along Ukumehame, to a cross on large rock. the cross on large rock is located 85 feet mauka from the present Government Road, and bears from Puu Hele Trig. Station, by azimuth and distance 144° 15' 1238.2 feet;
11. 14° 30' 9085.0 feet along the East boundary of the land of Ukumehame to high water mark at the seashore, being the point where a direct course from the cross on large rock mentioned in the preceding course, to Kapoli Spring, intersects the seashore at high water mark, and being also the southwest corner of the land of Waikapu;    the direct azimuth and distance from said point at the seashore (marking said southwest corner of the land of Waikapu) to an iron bolt at Kapoli spring, being 14° 30' 134.0 feet; said line from said point at the seashore to Kapoli Spring crossing and subtending below high water mark, a small indent or bay of the sea;
12. Thence along the sea to a point on the sea shore at high water mark about 75 feet south of the old Maalaea Wharf, said point being by direct azimuth and distance 338° 27' 135.0 feet from a 1 inch pipe in a concrete monument situate on the mauka side of the government road, near the bend of said road; and the direct azimuth and distance from the end of Course 11 to the said point on the seashore, about 75 feet south of the old Maalaea Wharf, being 246° 02' 1098.4 feet;
13. Thence along the sea to the boundary of Pulehunui, the direct azimuth and distance being 269° 21; 15,366.5 feet;
[page 532]
14. 180° 24' 3838.0 feet along Pulehunui, to a stone marked thus [curving up arrow];
15. 170° 08' 9383.0 feet along Pulehunui;
16. 191° 49' 4312.0 feet along Pulehunui, to a stone marked thus [up arrow to right], amongst a lot of stones;
17. 229° 45' 6147.0 feet along Pulehunui;
18. 228° 51' 1780.0 feet along Pulehunui to the point of beginning:
Containing an area of 15,684 Acres.

For earlier proceedings had in this matter refer to pages 491-494 of this Volume.
Dated at Wailuku, Maui, Territory of Hawaii, this 22nd day of March 1935.
D.H. Case, Commissioner of Boundaries, Second Judicial Circuit Territory of Hawaii.

[No. 230, Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, 15684 Acres, 1935]
Certification: 230
Ahupua`a: Waikapu
District: Wailuku
Island: Maui
Ownership: Wailuku Sugar Co. et al.
Misc:
Year: 1935
Statistics: 262169 characters 42491 words
Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, Maui, Volume 3, No. 1, pps. 87-97

Before the Commissioner of Boundaries in and for the Second Judicial Circuit, Territory of Hawaii.

In the Matter of the Application of the Wailuku Sugar Company, and the Hawaiian Commercial & Sugar Company, for a Certificate of Boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui, Territory of Hawaii

Commissioner: Daniel H. Case.

Under date of June 30th, 1925, the Wailuku Sugar Company, an Hawaiian Corporation, and the Hawaiian Commercial and Sugar Company, a California Corporation, filed their Petition alleging that they are the owners of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, and applied, on behalf of said Wailuku Sugar Company and Hawaiian Commercial and Sugar Company, for a decision and certificate of boundaries of said Ahupuaa of Waikapu, according to the provisions of Chapter 42 of the Revised Laws of Hawaii, 1925.

Applicants further allege that the Ahupuaa of Waikapu, in the District of Wailuku aforesaid, was awarded, by name only, "to Henry Cornwell by Royal Patent (Grant) 3152.”

[page 88]
Also alleging that the following in a description by true azimuths of the outside boundaries of said Ahupuaa of Waikapu; that the said Ahupuaa of Waikapu is joined on all sides, with the exception of one side, by lands owned by the said Petitioners, the Wailuku Sugar Company and Hawaiian Commercial and Sugar Company.

That the only land joining same, owned by others, is the Ahupuaa of Ukumehame, joining on the west side, and owned by the Territory of Hawaii.

That no inquiry or determination as to the boundaries of kuleanas, etc., located within, or partly within this Ahupuaa of Waikapu, is sought by this petition.

A map was also attached to and submitted with the application, showing the location, natural topographical features, prominent and other marks along boundary lines, and more particularly described as follows:

Description of the Ahupuaa of Waikapu, Located On The Island Of Maui

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 551 16,300 feet from a granite post marking the southeast corner of the Ahupuaa of Wailuku, and running by true azimuths:

1. 115° 55' 19,730.0 feet, along Wailuku to Pohakoi, marked rock, the coordinates of said Pohakoi rock, referred to Luke Trig. Station, (of the U. S. Coast and Geodetic Survey) are 4438.90 feet south and 3092.05 feet west;
2. 106° 15' 5,326.2 feet, Along Wailuku, up ridge;

[page 89]
3. 97° 30' 1,108.6 feet &long Wailuku, up ridge, to stone post on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up the center of the ridge, following the watershed, to the top of the ridge, forming the head of Ukumehame Valley;
5. Thence along Ukumehame, along the top of the ridge, along Ukumehame Valley to the top of the ridge, forming the southwest head of Waikapu Valley, and along the top of this ridge along Ukumehame Valley to the top of the ridge, forming the southeast head of Ukumehame Valley;
6. Thence along Ukumehame, along the top of the ridge forming the east side of Manaiwainui Valley, to a point on this ridge;
7. 314° 32' 3,570.0 feet, along Ukumehame;
8. 276° 51' 6,540.0 feet along Ukumehame;
9. 259° 40' 3,967.0 feet along Ukumehame, to a cross on large rock. The cross on large rock is located 85 feet mauka from the Present Government Road, and bears from Puu Hele Trig. Station by azimuth and distance 144° 15' 1238.2 feet;
10. 14° 45' 9,563.4 feet, along Ukumehame, Passing over three one inch pipes, set in concrete monuments, one at 8925.0 feet, located on the north side of the road to Lahaina, the second at 9308.2 feet, and the third at 9444.6 feet.

The azimuth 14° 45' is used on this line, as established by S. M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
11. Thence down to the sea and along the sea to the boundary of Pulehunui;
12. 180° 24' 3,538.0 feet, along Pulehunui, to a stone marked thus [right arrow curving up];
13. 17° 08' 9,383.0 feet. along Pulehunui;
14. 191° 49, 4,312.0 feet, along Pulehunui, to a stone marked thus [right arrow curving up], amongst a lot of stones;
15. 229° 45: 5,147.0 feet, along Pulehunui;
16. 228° 51' 1,780.0 feet, along Pulehunui, to the point of beginning.
Containing an area of 15,374 acres, more or less)

[page 90]
Under date of February 4th, 1926, the Applicants filed an amended petition alleging that they are the owners of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, and applied, on behalf of said Wailuku Sugar Company and Hawaiian Commercial and Sugar Company, for a decision and certificate of boundaries of said Ahupuaa of Waikapu, according to the provisions of Chapter 42 of the Revised Laws of Hawaii, 1925.

In this amended petition the applicants state that the Ahupuaa of Waikapu, in the District of Wailuku aforesaid, was awarded, by name only, to Henry Cornwell, by Royal Patent (Grant) 3152.

The applicants, in their amended petition, stating that the following is the description by true azimuths, of the outside boundaries of said Ahupuaa of Waikapu; and that the said Ahupuaa of Waikapu is joined on all sides, with the exception of one side, by lands owned by said petitioners   the Wailuku Sugar Company and Hawaiian Commercial and Sugar Company;

That the only land adjoining same, owned by others, is the Ahupuaa of Ukumehame joining on the west sides and owned by the Territory of Hawaii.

That no inquiry or determination as to the boundaries of kuleanas, etc., located within or partly within the Ahupuaa of Waikapu, is sought by this petition,

[page 91]
An amended map was attached to and submitted with this amended Petition. Showing the location, natural topographical features, prominent and other marks along the boundary lines, and more particularly described as follows:

Amended Description of the Ahupuaa of Waikapu, Located in the District of Wailuku, Island of Maui.

Beginning at the northeast corner of this land at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 551 16,300 feet from a granite Posts marked the southeast corner of the Ahupuaa of Wailuku. and running by true azimuths:

1. 115° 55, 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the coordinates of said Pohakoi rock, referred to Luke Trig. Station (of the U. S. Coast and Geodetic Survey), are 4438.90 feet South and 3092.05 feet West;
2. 106° 15' 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge, to stone post, on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up on the top of this ridge, to a point on the main Iao Valley ridges, The direct azimuth and distance being 83° 30' 3,480.0 feet;
5. Thence along Wailuku, along up the center of the ridges following the watershed, to the top of the ridge, forming the head of Ukumehame Valley; the direct azimuth and distance being 67° 00' 12,460.0 feet;
6, Thence along Ukumehame, along the top of the ridges along Ukumehame Valley, to the top of the ridge, forming the Southeast head of Ukumehame Valley; the direct azimuth and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the top of the ridge [page 92] following the water shed, to the Forest Reserve monument, on top of Puu anu hill, the direct azimuth and distance being 326° 50' 0.095.0 feet;
8. Thence along Ukumehame, along down the top of the ridge, along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3,676.0 feet;
9. Thence along Ukumeheme, along down the ridge along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02' 30” 6,891.0 feet;
10. 258° 37' 30" 4,216.8 feet, along Ukumehame, to a cross on large rock. The cross on large rock, is located 85 feet mauka from the present Government Road, and bears from Puu Hele Trig. Station, by azimuth and distance 144° 15' 1,238.2 feet;
11. 14° 45' 9,563.4 feet, along Ukumehame, passing over three one inch pipes, set in concrete monuments, one at 8,925.0 feet, located on the north side of the road to Lahaina, the second at 9,308.2 feet, and the third at 9,444.6 feet; The azimuth 14° 45' is used on this line, as established by S. M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
12. Thence down the Pali to the sea coast, on azimuth 296° 20' 147.0 feet;
13. Thence along the sea, to a point, about 75 feet south of the old Maalaea Wharf, said point being azimuth and distance 338° 27' 135.0 feet, from a one inch pipe in concrete monument, located on the mauka side of the Government Road, near the bond of said road; the direct at azimuth and distance from end of course 12, being 226° 57; 1412.4 feet;
14. Thence along the sea, to the boundary of Pulehunui, the direct azimuth and distance being 279° 21' 15,368.5 feet;
[page 93]
15. 180° 24' 3,538.0 feet. along Pulehunui, to a stone marked thus [right arrow curving up]
16. 170° 08' 9,383.0 feet along Pulehunui;
17. 191° 49' 4,312.0 1 feet along Pulehunui, to a stone marked thus [right arrow curving up] , amongst a lot of stones;
18. 229° 45' 5,147.0 feet along Pulehunui;
19. 228° 51' 1,780.0 feet along Pulehunui to the point of beginning.
Containing an area of 15,690 Acres, (more or less).

Hearing on the above application was set, before the undersigned, as Commissioner of Boundaries for the Second Judicial Circuit, at Wailuku, Maui, Territory of Hawaii, on Tuesday, the 7th day of September, 1926, at 10:00 o'clock a.m., of said day.

Notices of hearing, specifying the time and place thereof, were published as follows:

In the 'Maui News', a newspaper published in the English language, In Wailuku, Maui, Territory of Hawaii, publication of said notice in said paper being under dates of August 18th 1926, August 25th, 1926, and September 1st, 1926; and

In the 'Nupepa Kuakoa', a weekly newspaper published in the Hawaiian Language, in Honolulu, City and County of Honolulu, Territory of Hawaii, publications of said notice in said paper being under dates of August 19th, 1926, August 26th, 1926, and September 2nd, 1926.

[page 94]
Written or printed notices of said hearing, specifying the time and place thereof, and signed by the Commissioner, were sent, by registered mail, long before the date set for hearing said application, to the Petitioners, (Wailuku Sugar Company and the Hawaiian Commercial and Sugar Company), and Mr. Charles T. Bailey, Commissioner of Public Lands, Honolulu, Territory of Hawaii.

(Note by Commissioner: In re settlement and certificate of boundaries for a portion of the Ahupuaa of Waiehu; in re settlement and certificate of boundaries of the Ili of Kalua; and in re settlement and certificate of boundaries of Waikapu; these applications were present to the Commissioner on the same day.)

Present: Daniel H. Case, Commissioner of Boundaries; H. B. Penhallow, Manager, Wailuku Sugar Company Wailuku, Maui; E. D. Baldwin, Surveyor, Wailuku. Maui; J. H. Foss, Civil Engineer, Hamakuapoko, Maui; A. Garcia, Sub Agent, 4th Land District, Wailuku, Maui; Mrs. Sarah Kahalehu [Kahaleku]; Huakini Enos; and John V. Cockett, as Hawaii an Interpreter; Mrs. Edith L. Sinclair acted as stenographer for the Commissioner of Boundaries.

At the time and place set for hearing said application on its merits, to wit, Tuesday, September 7th 1926, at 10:00 o'clock a.m., in the Circuit Court Room of the Circuit Court of the Second Judicial Circuit, Wailuku, Maui, Territory of Hawaii, the following proceedings were had:

[page 95]
Commissioner: There is no one to call other than the applicant, is there?
Mr. Penhallow: Not unless there is come one to object.

Mr. Garcia: The Territory wants to enter an objection, and asks for a continuance for thirty (30) days.

The Commissioner: Have you any objection?
Mr. Penhallow: Thirty days is satisfactory.

Commissioner: Is the Hawaiian Commercial and Sugar Company represented?
Mr. Foss: They have no objection to a continuance.

Commissioner: On behalf of the Territory, Mr. Garcia, what is your authority?
Mr. Garcia: A letter from the Commissioner of Public Lands, and I am Sub land Agent.

Commissioner: Would you submit a copy of the letter – or the letter?
Mr. Garcia: Very well.

(The following is a copy of the letter referred to.)
Honolulu, T. H. September 4, 1926. Mr. Antonino Garcia, Sub Agent, 4th Land District, Wailuku, Maui.

Dear Sir: The Wailuku Sugar Company has made application to the Boundary Commissioner of Maui, Judge D. H. Case, for settlement of boundaries of the following lands:

(1) Ili of Kalua in the Ahupuaa of Wailuku,
(2) Portion of the Ahupuaa of Ahikuli and Pohakunui and Ili of Kuunahawelu, a lele of the ili of Ahikuli,
(3) Ahupuaa of Waikapu.

The descriptions submitted to the boundary commissioner by the applicant purporting to be the true boundaries of the lands named above, have been checked by the Survey office, and have been found correct with the exception of that of the Ahupuaa of Waikapu, the last named above.

[page 96]
The hearing by the Boundary Commissioner will be held at 10:00 o'clock a.m., Tuesday, September 6th, in Judge Case's Court Room, in Wailuku, and we ask that you appear at this hearing, and on behalf of the Government, to agree to the boundaries as submitted, of the lands named in the first two items above, but as to the boundaries of the third item, Ahupuaa of Waikapu, you will please enter an objection, and ask the Boundary Commissioner that an extension of thirty days be entered in this case. This extension is required to permit the Government to complete the title study that is being made in this case.

Mr. Merriam, of C. Brewer and Company, informs us that he is writing Mr. Penhallow, who will be at the hearing, representing the Wailuku Sugar Company, that this request is to be made by you on the part of the Territory, and that he will enter no objection to the request.

Please be sure to be at this hearing, and carry out the instructions herein contained.
Very truly yours, Office of the Commissioner of Pub. Lands,
by (Signed) A. A. Dunn, Chief Clerk, Sub Agent 5th Land District.”

Commissioner: The request of the Territory may be entered   the applicants not opposing the request   and the application of the Wailuku Sugar Company and the Hawaiian Commercial and Sugar Company for a certificate of boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui, Territory of Hawaii, will be continued until Tuesday, October 12th, 1926, at 10:00 a.m., in these Chambers.

October 11th, 1926.

On October 11th, 1926. Mr. A. Garcia, Sub Agent, 4th Land District of Wailuku, Maui, appeared and asked for a continuance of the above matter on behalf Of the Territory, and presented the following letter:

"Mr. A. Garcia, Sub Agent, 4th Land District, Wailuku, Maui.
Dear Sir: You will recall that the hearing before the Boundary Commissioner in the matter of the boundaries of the Ahupuaa of Waikapu was postponed to October 12th, 1926. it appears advisable to ask for a further continuance of this hearing in order to secure additional data, and [page 97] you will please appear before the Boundary Commissioner on the above date and ask for a continuance to November 30, 1926.

We have discussed the matter with Mr. Merriam, of Brewer & Co., who is agreeable to this continuance and I believe has written Mr. Penhallow to appear and agree to continuance to above date.

I suggest that you get in touch with Mr. Penhallow before October 12th, 80 that there will be no misunderstanding in the matter.
Very truly yours, (Signed)
C.T. Bailey, Commissioner of Public Lands.”

There being no objection to the continuance the hearing was continued to November 30th, 1926.

November 27th, 1926.

On November 27th, 1926, Mr. A. Garcia, Sub Agent, 4th Land District, of Wailuku, Maui, appeared before the Commissioner of Boundaries, and asked for a continuance of the above matter on behalf of the Territory, and presented the following letter:

“Honolulu, November 26th, 1926. Mr. A. Garcia, Sub Agent, 4th Land District, Wailuku, Maui. Dear Sir:
The hearing before the Boundary Commissioner in the matter of the Boundaries in the Ahupuaa of Waikapu is set for Monday, November 30th.

The Deputy Attorney General, who was to appear for the Territory at this hearing is ill, and you will please appear before the Boundary Commissioner on the date set for hearing and ask for a continuance to January 11th 1927.
Very truly yours,
(Signed)  C.T. Bailey. Commissioner of Public Land.”

There being no objection to the continuance the hearing was continued to January 11th, 1927, (Tuesday.)
(This case continued on page 358 of Boundary Commissioner's Record.)


Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, Maui, Volume 3, No. 2, pps. 358-495

Note this case continued from page 97 of Boundary Commissioner's Record.

Before the Commissioner of Boundaries in and for the Second Judicial Circuit, Territory of Hawaii

In the Matter of the Application of the Wailuku Sugar Company, and the Hawaiian Commercial & Sugar Company for a Certificate of Boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui.

Commissioner: Daniel H. Case.

Continued from Page ninety (97) seven. Hearing on above was set for January 11th, 1927; and from that date was continued without day; later was set for February 15th, 1927; continued to April 19th, 1927; continued from the latter date to June 21st, 1927, and then again to July 8th, 1927.

On Friday, the 8th day of July 1927, the Commissioner proceeded with the hearing, (upon. its merits), of the application for the Settlement and Certification of the Boundaries of the Ahupuaa of Waikapu. At this time the following persons were present: Daniel H. Case, Commissioner; H. B. Penhallow, Manager, of Wailuku Sugar Company; J. H. Foss, Surveyor, representing the Hawaiian Commercial and Sugar Company; Chas. H. Merriam, representing the Wailuku Sugar Company and Hawaiian Commercial and Sugar Company at this hearing; Harry R. Hewitt, Deputy [page 359] Attorney General, for the Territory of Hawaii; Herbert E. Newton, Chief Assistant Surveyor, of the Territorial Survey Department; Francis Kanahele, with the Territorial Survey Department; Erdmann D. Baldwin, Surveyor; Mrs. Edith L. Sinclair, Stenographer, and John Ferreira, as Hawaiian Interpreter.

Later in the hearing - portion of July 11th, 1927, and all of July 12th, 1927, (pages 438 to 489, both inclusive, of Boundary Commissioners Record), Mrs. Iwa Betts acted as Stenographer.
Proceedings were then had, the oral testimony of witnesses taken, and numerous exhibits offered in evidence by the Applicants, and the Territory of Hawaii, contestant, as follows:

[page 360]
Mr. Merriam: The first statement that we would like to make, which I take it the Representative of the Government will agree to, is that the land in question is owned in part by the Hawaiian Commercial and Sugar Company and Wailuku Sugar Company. We have here the exchange deed, which covers the land in question, and which I can file if you wish.

The Commissioner: If it is admitted it is all sufficient.
Mr. Hewitt: We raise no question as to title.

Mr. Merriam: We would then state that we are prepared to prove that the Applicants are in possession of all of the land that this application covers; the map here is part of the application - as called for by law; we now state we would like to use the blue print of this tracing for the purpose of this hearing.

Commissioner: Any objection, Mr. Hewitt?    .
Mr. Hewitt: No objection.

Commissioner: The Territory raises no objection to the blue print being used.
Mr. Merriam:    Perhaps it would clarify matters if a general statement was made as to the manner in which it comes up. first the land - called the Ahupuaa of Waikapu - was claimed by the government in the early days, although this land was not listed as government land in the great division made by Kamehameha III by Act of June 7th, 1848, it was not classed as government land, it is in the category of unassigned land, which is always claimed by the Government. The Ahupuaa of Waikapu was, in early days, according to records, an unassigned government land; then, under date of November 18th, 1875, Royal Grant No. 3152 was issued by the Government to Henry Cornwell; this Grant carries for a description of the land a reference to the name of the land only, there are no metes and bounds showing just where the land [page 362] is; in other words, the proof of where this land is would rest with kamaaina evidence, if there had been no boundary certificates issued on the adjoining lands. There have, however, been boundary certificates issued on all the adjoining lands, except the Lahaina border by the ocean, which is a natural monument and possible of reproduction at any time. This land came down by various ways, but no accurate survey has been made prior to our application for the settlement of the boundaries. As stated before - all the boundary lines of the adjoining lands have heretofore been settled by boundary certificates issued.

Commissioner: Where is this land on the map?
Mr. Merriam: This is representing the land - this is on the North, the land of Wailuku - portion of the land of Waikapu and of Wailuku. On March 2nd, 1871, there was issued Maui Boundary Certificate No. 1, thereby determining the boundary line from the point at the corner of the land Pulehunui to the land of Ukumehame - that settled that boundary line permanently and for ever. Second - The land bounding Waikapu on the East Pulehunui was settled by certificate issued May 3rd, 1879, being Maui No. 47, thereby settling that down to the ocean side for all time. Third - The land bounding Waikapu, partly on the South and partly on the West, being the land of Ukumehame, was settled by Boundary Certificate No. 68, issued April 11th, 1883. That leaves in an unsettled condition the line or extreme southerly boundary of the land of Waikapu only. The sea coast [...]

Commissioner: What sea coast?
Mr. Merriam: Down Maalaea Bay to a point way over. Perhaps Mr. Foss will point it out.

Mr. Baldwin: This side of Kihei Landing some where coming down to over here.

Commissioner: Roughly speaking from Kihei to Maalaea Bay?
Mr. Foss: Yes.
[page 362]
Mr. Merriam:    We contend that that boundary line has not been settled by a certificate - except that it was a settlement by name. This line here carries to the ocean and that means to the high tide mark.

Mr. Hewitt: Mr. Merriam, I think you might explain a little more fully what it is that is in dispute.
Mr. Merriam: I am coming to that. I am getting fundamentals first.
Mr. Hewitt: Oh, pardon me.

Mr. Merriam: Now, the problem that the surveyor for the applicants had before him was that all the bounding lands, which means all the lines of those lands - except the ocean side line - had theretofore been settled by boundary certificates, and it was considered that he had an apparently simple problem before him to reproduce those where they touched Waikapu. However, Section 558 of the Revised Laws of Hawaii, 1925, says that "A boundary commissioner shall in no case alter any boundary described by survey in any patent or deed from the king or government, or in any land commission award." All of these three adjoining lands have been issued boundary certificates on which patents have also been issued, that, therefore, places the condition on the surveyor that he reproduce those lines in the various boundary certificates that have heretofore been issued and stand on those for his lines of the land of Waikapu.    We then come to a point where the re-establishment of these lines only affect the applicants themselves, that is, of this line of the land of Wailuku - a land owned by Wailuku Sugar Company. There is no objection on the part of the owner of Wailuku to this line - that seems to eliminate trouble on that line, or boundary, along the other boundary. On the East is the land of Pulehunui - land owned by Hawaiian Commercial and [page 363] Sugar Company - and they, in turn, were in satisfactory accord with the line made by our Mr. Baldwin. The coast line is there and can be reproduced by any one without any question, and the manner of handling that was to take his point from the boundary line and come across here to a well known point and take his bearing and distance, and, in general, that represents the method in which that was handled. Then coming to the last, land of Ukumehame - we have there a condition, a similarity in so far as concerns the issuance of the certificate, the ownership of which is in the government, and there is where the difficulty arises that necessitates a hearing and production of evidence for there is a contest, or disagreement, with respect to the line of Ukumehame from the last point of Alexander's survey which started at the land of Olowalu - all of those courses way over from Olowalu to the last point are said to run along the ocean side. He then comes to a point marked on a large boulder, this point is admitted, not only by the applicants, but by the contestants, to be readily seen and reproduced. This is the first line, or, perhaps better be said, a double line - two lines are drawn - to which objection is raised; objection is also raised to the next line running from the established rock point to a ridge point on the hillside. So far as I am aware no other lines than these three are contested, although you may wish to go further up in the hills - possibly four points - four lines.

Commissioner: I thought you spoke of two - and you say 'these three.'
Mr. Merriam: There is a small distance here - 147 feet - from the ocean side to a point, and then from that point to a rock and then on up the hill. The survey of the land of Ukumehame which is the boundary of a land that we contend we must adhere to because it was previously surveyed by James M. Alexander in 1874, and a boundary certificate issued April 11th, 1883, nine years afterwards. I think the government will admit that Mr. Alexander [page 364] in making his survey, which, I would remind you, started on the ocean side at the Olowalu end and came along the ocean to a point along Maalaea Bay section, ran his courses on traverses hitting a bluff point and not going directly to the ocean side, which was a common practice then, and even now, to some extent, of surveyors, it being considered perfectly proper to do so. Is that admitted?

Mr. Hewitt: Yes.
Mr. Merriam: That is what we have assumed in all of our study of the preliminaries so that the survey, as made by Mr. Baldwin, could fit the established lines of a land which in 1883 had its boundaries perfected. Mr. Alexander, in addition to running his survey in what might be termed to be an Olowalu-Maalaea Bay direction, for that is the direction he came in, gave at each point what surveyors call a reverse bearing so that its bearings, while not altogether in agreement on each line, show that he tried to check back on his work so that the line could be run either one way or the reverse way. In other words, it is practically a double description for the courses. Now, our contention is, primarily, we hope to support it by evidence, that Mr. Alexander in his survey of the land of Ukumehame took these bluff points to the line itself which is said to run along the ocean side - perhaps if I use the exact words it would be clearer. I will now read course 20 to and including 24. (Reads at length) Now, I will point out to you that the lines first read - courses 20 and 21 - come along the ocean side and yet have a bluff point for the bearing until they get to the last point before they run inland away from the ocean, and that inland point is a point that is marked by a [sic] X on a rock. In other words, we have a point on a rock which can readily be established, and have another natural monument which also ought to be re-established by a reverse bearing from a rock - a point we can easily go to - and it is well recognized, when there is a doubt about a point that can be re-established without doubt, a surveyor will go to that point to try and run [page 365] the survey from a known fixed point, and that is what we have tried to do. The second line that is in controversy is course 24 which starts at the same fixed point that we can go to - the X on the rock; that line also goes from a natural monument to what is another fixed monument - the ridge point plainly observable today, and that line we have tried, through Mr. Baldwin's survey, to reproduce taking our point from the definite fixed point on the rock which no one can question; furthermore, this point on the hillside here must be a point that the next line of Mr. Alexander's survey can be viewed from, and we have reached such a point. Now, in support of what has been said by way of a preliminary statement, if you have no objection, I will call Mr. Baldwin for certain information.

Commissioner: Would you like to make a statement, Mr. Hewitt?
Mr. Hewitt: No.

Commissioner: Could you point out just where each of you claim the land to be?
Mr. Merriam: It is difficult because we don't know what the government is going to claim - we have just a general idea. I might propose that Mr. Newton help give you a rough outline. (All examine map)

Mr. Hewitt: I wonder, Mr. Merriam, if, right at this point, it would not be well to adjourn to the spot in question and look it over - the Commissioner, myself and yourself. In view of the evidence that will come up it will be much easier for the Commissioner if he has seen the evidence on the ground.

Mr. Merriam: It might be well except that we, as Applicants, should state our case before we go to the ground.
Commissioner: It would be helpful to me to have it just before me.

Mr. Hewitt: Would you prefer to bring out some other matters first from Mr. Baldwin?
Mr. Merriam: I don't think it is important - we can call him after. (recess)
[page 366]
(1:33 p.m. - reconvened)

Commissioner: You may proceed.
Mr. Merriam: Now that we have seen the location of the premises it seems to be in order to ascertain from the surveyor, on behalf of the applicants, how he arrived at his 'lay out' of the land.

Direct Examination of E.D. Baldwin (E. D. Baldwin is sworn by Commissioner)

Mr. Merriam: Mr. Baldwin, you are a Civil Engineer and Surveyor by profession?
Answer: Yes, I have a license.

Question: You have been employed, at various times, by the Wailuku Sugar Company to do their work over the lands?
Answer: Yes.

Question: You surveyed the Ahupuaa of Waikapu for and on behalf of the Applicants - Wailuku Sugar Company and Hawaiian Commercial and Sugar Company?
Answer: Yes. I did.
Question: Have you made a careful study of the boundary certificates of the adjoining lines of the land of Waikapu in an effort to determine what the proper boundary lines of Waikapu really
are?
Answer: Yes. I have.
Question: Do you consider that it is your duty, as a surveyor, to confine your description of the land of Waikapu to the same lines as the adjoining lines given in the certificates of boundaries?
Answer: Yes.

Question: That is what you endeavored to do?
Answer: Yes.

Question: Have you made any effort to gain evidence from kamaaina sources regarding the boundaries of the lands?
[page 367]
Answer: No. They were definitely stated in the certificate of boundaries, that is, Ukumehame, determining that.

Question: Will you state - in a general way - how you arrived at the 'lay out' of this land of Waikapu as you have, making such reference as you wish to the plan, where did you start and how did you go about it?

Answer: I took my description - it starts at a point Kaopala given on the map, it is a point given by Mr. M. D. Monsarrat in his survey of both Pulehunui and the boundary of Wailuku, and this point referred to a monument - to a concrete monument. I simply took his bearing of Wailuku, that is, of the Spreckles Grant, running that up as far as the monument he has on the ridge above, and from that point [...]

Commissioner: Indicate it on the map.
Mr. Baldwin: Kaopala is here, and this is a straight line to Pohakoi, and from Pohakoi up to this stone post - as Monsarrat calls it - up on the mountain ridge there; further Monsarrat simply says along the ridge to high tide; and then this is a definite point at the south east corner of Ukumehame, and from there the boundary along Ukumehame to a well known hill; we have a forest monument here called Puu Anu, and from there it runs along the ridge to another large hill - a well known point - and from there along down the ridge to this ridge point that we were looking at with the two flags on, it, and from there down to the rock and from there to the monument.
That is just giving the general way it was taken. These points above are undisputed and this hill is well known as an old boundary point. I might state that the first work I did there was before 1923 - Wailuku Sugar Company wished to know whether they should renew this government lease and [...]

Commissioner: Mr. Baldwin, for my information, where is the point where those two flags were?
Answer: Right there.
[page 368]
Question: And where is the stone with a X?
Answer: Right there.

Mr. Hewitt: May I mark that a, b, c? The two flags 'A'; ‘B' marks the rock which we viewed this morning.
Mr. Baldwin: I was going to state how I got that line. They wished me to ascertain where their railway went and the nature of the land, so I went down there and made a study of the lease.
I also sighted - I didn't set up any flags - I noticed that the hill that Kanakanui had was practically Alexander's angle, so I took his line. So the next work I did was when Wailuku Sugar Company and Hawaiian Commercial & Sugar Company met there; I again went into that line and I accepted Kanakanui's line. In this latter survey as they went up I sighted a pipe on the high point of the hill, and when I went up on the hill I studied it, and there was something like this prominent pile of rock there, and at the point I took there was indication of a pile of rock which a surveyor could have had, but wind blew it down; but there were other prominent piles and I considered I was not a good enough guesser to say which he used; I studied the hill very carefully and took the highest point. It is an immense big hill, I have known it since a boy, and that was on eight, and especially at night time when you got eight of it. For that reason, with all those piles of rock there - no one could do it - it may have been surveyors, and it may not have been - but there was only one thing to do - take the highest point on the hill. Then I tested the angle, taking Alexander's magnetic bearing to the hill and take the bearing down this way and I got practically the same angle that Kanakanui ran his line on. I took the same line and the distance as given in the certificate of boundaries. Alexander's distance, this distance, is short, it is 250 feet short there; where I am this distance is short, and this distance from this hill is very close, and there was no [page 369] chance of having that short; what is given in the certificate, if anything, it is longer.

Mr. Merriam: With reference to this so called Kanakanui line, it had better be explained, and can be. explained in this manner - the occasion for that was at the time of the issuance of a lease by the Government to the Wailuku Sugar Company of some of the lands well away this side of Maalaea Bay shore line, and, in order to arrive at the description of the land to be put in the lease, he was sent over to survey that line between Waikapu and Ukumehame and determine what sort of description should to into the lease to the Company of the Ukumehame land, and he ran the line from the crossed rock down not taking the full distance that the Alexander line calls for – am I right?
Answer: The lease didn't call for the full length of the line.

Mr. Penhallow: Make a line at the end here ‘C'.
Commissioner: the makai end of the line ran by Kanakanui.

Mr. Merriam: So. at the time of the lease it was assumed that the Government adopted it as a satisfactory boundary line - they stood on it for the purpose of giving the Company tenancy of of [sic] the land - later on planted in cane - and I think Mr. Baldwin will state that he is now running his line in a similar fashion – to the Kanakanui one, he is right on top of the Kanakanui line but taking the distance allowed by Ukumehame to the coast. Now, Mr. Baldwin, in your study of the situation at the hill side here, you were coming down?
Answer: Yes - in the description.

Question: And you must hit the rock, of course, that is a point that is identifiable today?
Answer: Yes.

Question: When you got to the rock did you shoot back to see that you were in a right position?
Answer: My points are triangular.
[page 370]
Question: Would you indicate the position as you would understand it at the time Alexander made the survey of the land of Ukumehame, which never had before that been surveyed; well, he finally gets to the rock - what would be his method?
Answer: Oh, Alexander was surveying it for the first time and he had to go up and find a point, and he went up and did that. I went up there first and set my flags on these hills and afterwards I went with the instrument and triangulated them.

Question: You feel that the surveyor, after he established this point on the rock in going up the hill side, would have the highest point on the knoll?
Answer: That is the only point he would take and did take.

Question: And his next point here - up the hill side?
Answer: Yes.

Question: Does your point enable you to see both the rear and advance points?
Answer: Yes. I went down there this morning.

Question: Now, having a definite fixed point here at the rock, and assuming, as you believe you had a right to do, that all of the ocean survey by Alexander was a traverse survey - had points that were intervisible, and knowing what the Government had previously done by establishing the line by Kanakanui's survey, and knowing that the course you took there was the course that was practically identical with Alexander's survey, you landed at a point which was a bluff point, did you not?
Answer: Yes.

Question: And, in your assumption, at the time Alexander made this survey that bluff point would have enabled Alexander to see to the rock point that now is agreed upon as a corner?
Answer: Yes. I think so with a flag set up.

Question: Also enable him to see back to a far point along the ocean side?
Answer: Yes.

Question: In other words, prior to the growth of Keawe Trees, that survey [page 371] of Alexanders would have reproduced itself with accuracy and each point on the ocean side would be intervisible?
Answer: Yes.

Mr. Merriam: That in short was the method used in reproducing the lines of the land of Waikapu by an up to date survey; it simply carries out what we thought was fundamentally required of us - to stand by and on the lines of the lands adjoining, all of which boundary lines were settled many years before this survey was made. I think, so far as the examination of Mr. Baldwin is concerned, we are finished.

Cross Examination of E.D. Baldwin

Mr. Hewitt: Mr. Baldwin, you have only taken us down to point marked 'C' there in this detailed journey we have had. Will you take us on from ‘C' down to the sea coast and explain how you arrived at this?
Answer: We did, but I think you must have overlooked it.

Question: Would you go over that once more from point ‘C' until you hit the sea shore?
Answer: What did you want?

Question: I stated clearly that that line is run down to the end of the distance given in the certificate of boundaries and that carries you some where short of the sea?
Answer: It carries you to the points as Alexander took them along the sea on the bluff.

Question: I mean the line running from ‘B' toward ‘C' and through ‘C' - according to Alexander's survey must land you at the sea shore, is that right?
[page 372]
Answer: Not the way I understand his survey; he says the ocean is the boundary.
Mr. Hewitt: Have you a copy of the Ukumehame certificate, Mr. Merriam? Would you mind introducing this in evidence?

Mr. Merriam: We offer in evidence a certified copy of the Boundary Certificate of Ukumehame, No. 68, Maui, which contains a full description by metes and bounds of the land of Ukumehame, before L. Aholo, Commissioner, dated April 24th, 1883.

Commissioner: It is allowed in evidence as Applicants' Exhibit 'A'?

Mr. Hewitt: Will you please point out to the Commissioner the course that you are talking of - that survey by Alexander - from the sea up to the point marked 'B' or the marked rock?
Answer: The course marked 23 is the one from the sea to the rock.

Question: Well, now, what is the course just preceding the one from the sea shore to the marked rock - that is 22?
Answer: 22.

Question: And that takes you along the sea shore?
Mr. Merriam: Along the ocean.

Mr. Hewitt: Along the ocean to a certain point that is right near it?
Answer: In fact his points are not at the ocean side.

Question: He said the ocean was the boundary?
Answer: The ocean was the boundary.

Question: Then that line runs along the ocean?
Answer: That is the true boundary.

Question: His points are all shown from up above - he was describing the points along the ocean?
Answer: Yes.

Question: Is it on course 22 that you come to the last point on the ocean?
Answer: Yes - here is what he gave.
[page 372]
Question: Then how does it lead from the next course to there?
Answer: Here - north - it is 6° 144.90 along Waikapu to bank of ravine.

Question: From that point, which you reached by 22, there is just one course to the marked rock?
Answer: Yes.

Question: Whereas in your description you have used two courses, have you not, you have inserted an extra course?
Answer: I turned it off at right angles to the sea.

Question: By what authority?
Answer: None - when I ran that line I ran it through to the sea - I felt  - I didn't have any authority and I didn't know how much authority I did have.

Question: What I want you to do is explain fully to the Commissioner how you got that extra course in there of 147 feet, if you have based your description upon this survey of Alexanders?
Answer: I took the absolute angle from that known point, turned it up and ran it in the given description; I ran it straight to the sea, but when I was making out the description for the certificates I didn't know whether I had that right; but that is the point given in the certificate of Alexander's survey; that is all we got, it is short, and we haven't got anything else.

Question: It seems clear to you that the last point on the ocean is not the point Alexander had in mind?
Answer: So far as we know it is his survey, and in the certificate, and is the point given in the certificate of boundaries and I can't make it any different.

Question: This survey of Alexander's is rather indefinite, isn't it?
Answer: Not on those two lines - the line running to the ridge above is short, and this one here is short - it is short in distance.

Question: A great deal of stress has been laid by Mr. Merriam on the fact that by following literally and as a guide this Alexander survey of Ukumehame it appears that in order to reconcile your theory [page 374] with Alexander's you found it necessary to insert an entirely new and additional course?
Answer: it is his survey along the coast, and if you want to go along the coast you have got to follow it.

Question: Suppose we wanted to know the next point way up in here some where – how do you get that?
Answer: it would be the same way.

Question: The description carries you along the ocean - doesn't it?
Answer: Not the way he showed it; he states the ocean is the boundary, and when he hits that point he runs in.

Question: And from that one point to the X here?
Answer: Yes.

Question: Where you added a new course - 147' - at right angles to the sea?
Answer: No - you have to get the sea some way or another.

Question: Well, there is some doubt as to just how you got to the sea - even in Alexander's survey?
Answer: No - you have to go up this way.

Question: By what authority do you cut up off at right angles?
Answer: The only way I can think of is where it runs along the valley.

Question: And yet they are running along the boundary?
Answer: Well, I haven't run across any accretion.

Question: That is a departure fixed by law and not survey?
Answer: No.

Question: In accretion you run at right angles - it is merely to conform with what the law says?
Answer: I haven't run across any law on it - it may be so. It is the law ordinarily that where accretion forms the line is either line carried in a continued line, or, if impossible, at right angles to the sea.

Question: But that has nothing to do with this situation. That is the only authorization that you know of for adding the extra course, is it not?
[page 375]
Answer: No. That is his point given in this certificate by both bearings and distances, and that is the end of my authority. I may not have any authority to do it, but I ran it off into the sea.

Question:  What is your honest opinion as to the correctness of the line as laid by Kanakanui from the rock toward the sea shore?
Answer: Practically correct in my final studies of the land – except it can go a little further that way 9 or 10 ft, but not amount to much.
Question: What do you mean?

Answer: Not the exact angle - in all my surveying I find you can't lead the magnetic needle closer than 15', the circle is marked in half minutes, and if you work up the needle it will never come right - I have always taken 15'. For instance, if it is 14 you take 14.50 or 14.35; that is probably what Kanakanui did, and as he did it that way I took it. We didn't want to differ from the government.

Question: Then your own honest opinion is that the line ran by Kanakanui is not exactly correct?
Answer: It is exactly correct.

Question: Exactly?
Answer: I just explained why we take 15' - 49.30 the exact difference between my line and that - the nearest is 45'.

Question: Well, you have changed your opinion since 1925 on that point, have you not?
Answer: Not that I know of.

Question: Didn't you, in 1925, have the belief that the, line was incorrectly laid by Kanakanui?
Answer: That is something new to me.

Question: Didn't you, on August 1st, 1925, write to the Territorial Surveyor as follows: "On the Waikapu line, which I went into most thoroughly over a year ago, for the deed from the Hawaiian Commercial and Sugar Company to Wailuku Sugar Company, [page 376] it seemed that the line from the well known X on the large rock mauka of Pulehunui to the sea coast ran a little further inland or north west"?
Answer: Kanakanui's sea coast is too small on this line - as you know Alexander gave a magnetic bearing; but after both Mr. Foss and I had gone carefully into the matter we concluded as the Government Survey Department had established this line; it would be better to accept their line rather than have any trouble over same later, so that the deed from the Hawaiian Commercial and Sugar Company to Wailuku Sugar Company was described as 'Along the Kanakanui line.' For instance, if you go to the rock and set up a transit today it will run way inside - it will run way in here.

Question: Well, did you write what I have just read?
Answer: I must have if it is written there. I told Mr. Penhallow - I made reports of that.

Question: You did write that to Mr. Wall?
Answer: That was in discussing that [...]

Question: Did you?
Answer: Yes.

Question: You still have the same opinion?
Answer: No. In this case we found it exactly where we went up the ridge - his definite point.

Question: I would like to show you a tracing of a sketch plan entitled 'Portion of Government land of Ukumehame, Maui, [...]

Mr. Merriam: Prepared by whom?
Mr. Hewitt: I will connect it up later on; this connects with Mr. Baldwin's testimony.

Mr. Merriam: We have no objection to it.
Answer [sic. Question]: Have you ever seen that before?
Answer: Not this one, but we have it in that lease you have.
[page 377]
Question: You have a similar one?
Answer: Yes.

Question: Would you say, from that sketch plan, Kanakanui believed that this line, from this point up here, near the words 'to Wailuku', ended on the lower end?
Answer: I am not sure; he leaves it indefinite, but the line here shows it just as I had it.

Question: It doesn't show that, if continued, it would run into Kapoli Spring?
Answer: No, you take these bearings here, and that is the exact line I ran.

Question: If you knew nothing of the case previously, and were shown that plan, where would you, as a surveyor, say that line, if extended, would end?
Answer: I can't answer that because the plan looks incomplete here; he was not surveying up here.

Question: Would you say that Kapoli Spring had any significance of that?
Answer: In what way?

Question: Any way as marking boundaries or determining boundaries?
Answer: No. I don't think so.

Question: What would you say it was inserted for?
Answer: This flat here is called Kapoli, and the Springs run there, would it be liable to be called Kapoli Spring?

Question: Why didn't the surveyor simply say 'Kapoli' instead of 'Kapoli Spring?'
Answer: I don't know.

Mr. Merriam: I think I will object to your line of questioning for this reason - you are now considering a survey which has no bearing on the land in question as against your original boundary certificate, which you are bound, under the provisions of law, to go by; a subsequent survey to the boundary certificate has no standing in the consideration of the Commissioner, he must adhere strictly to the point that the law says, that is, the actual lines at the time the boundaries were settled. This, I think, is reason, and should not be admitted as governing the boundaries of the land of Waikapu.

Commissioner: Objection will be over-ruled.

Mr. Hewitt: It is also offered to show that it was Kanakanui's contention that, if it was continued, it would come to Kapoli Spring. We might offer it for identification at this time. We claim that it is cooperative with what Kanakanui intended the terminus to be – Kapoli Spring. We offer it in evidence.

Mr. Merriam: I do object for the reason that it is contrary to Section 558 to the Revised Laws of 1925; also it is contrary to the decision in the case in the 18th Hawaiian, 394.

Mr. Hewitt: It is offered as cross examination of your direct examination on the Kanakanui line.

Commissioner: The tracing or plan of portion of Ukumehame land will be allowed in evidence as Contestant's Exhibit ‘1.'

Mr. Merriam: I would like to have this given careful consideration as to what evidence can be used in the settlement of a boundary of land which has had its boundaries theretofore established and on which it must rest its own boundaries without conflicting with the fundamental law of the Territory.

Mr. Hewitt: It is not a fact that it would be impossible to fit the Alexander Survey literally or exactly to the natural features of the land?
Answer: What portion of it?

Question: Several – there are several?
Answer: There are quite a number of instances if you tried to follow Alexander's survey of the boundaries of Ukumehame you . well.

Question: You would find yourself at certain points that you know he could not have intended them to be at?
Answer: yes.
[page 379]

Question: It was a magnetic survey?
Answer: Yes.

Question:  For instance, on the line from 'B', where the marked rock is, if you followed it literally - instead of being on the ridge - you would be off in the gulch on the Wailuku side, would you not?
Answer:  By modern declination of that portion of the sea coast we visited this morning, where the cliffs are fallen down, if you followed the survey that way you would land some point out on the sea. I wish to say that the survey I made I could carry it 25 ft., more or less, either side - a very rough estimation; there is nothing on that side except where you could get on the visible points, and I came right practically on 'the edge of the sea there.

Question: And then when you come down here, to the point where you leave the sea shore, you got into another incongruity that it has caused you to insert another course?
Answer: Well, that is the point given in the certificate, and I have got that to go by; I had to get there.

Question: Would it not lead to an absurdity to locate the boundaries of Waikapu by following the lines of Ukumehame?
Answer: Not at all; those two lines from 'A' to 'B' to another point - they are very definite.

Question: from 'A' to 'B' - would you not land on the gulch?
Answer: Those are the two points of Alexander's survey, and that angle would give the other exactly; that is what we always go for, and look for; we always go to get those, if we took the modern declination it would run up this way.

Question: So, in order to fit the natural features, you have to make changes in his bearings and distances?
Answer: Not in those.

Question: In some?    .
Answer: I have dealt with the natural ones.
[page 380]
Question: Is it not a fact that in order to rectify Alexander's survey with the natural monument you have to vary it in several instances?
Answer: Above the hill Alexander runs up in there - I followed it.

Question: So it really is absurd when we say the boundaries of Ukumehame are so definitely set?
Answer: As a surveyor I will state that this is one of the most definite; it has a definite angle there from two definite points, all the way up the ridge it is very definite.

Question: Do you ordinarily find it necessary to insert more than one course?
Answer: This is only out one hundred feet, and a great many I have tackled are out one thousand feet, and some on Hawaii are out miles.

Question: And yet you say it is so accurate and not indefinite?
Answer: It is on that side - it is very definite in my opinion.

Question: Then you would say these little additional courses are trivial?
Answer: Yes, they are.

Question: It would be a much better result, and probably more as Alexander intended it, if that additional course was not inserted?
Answer: Alexander was running along the sea from the sea and when he hit the point it is shown by the line running down here, he was above the sea at that point, and the boundary running inland.

Question: Let me express it a different way. If it is possible to wipe out that additional course, that you have thrown in here, and if this survey of Alexander's coming along the ocean to a certain definite fixed known monument and then have only one course, as he calls for from that point to the marked rock and with the angle, it would probably be a much better piece out than this one that includes the extra course at right angles?
[page 381]
Answer: Decidedly - if he left the monument at the sea we would not have all this trouble, and we would not be fighting over it.

Question: Now, Mr. Baldwin, let's mark here as a X on that point at which you take your departure from the ocean, that is the beginning of this course running at right angles as near as you can make it out the Alexander survey of Ukumehame runs along the ocean to the point marked X?
Answer: Runs inland.

Mr. Merriam: I think you are confusing the line which Alexander takes - the survey is a plan survey.

Mr. Hewitt: That point X is the point to which Alexander's survey brings the boundaries on the ocean?
Answer: No - he runs a bluff line to the ocean - I got the boundary that way in Alexander's survey.

Question: Well, where, along the sea shore, does Alexander's survey bring the boundaries of Ukumehame?
Answer: The only known point we have is the marked rock, and run back
from that to mark his distances; it is given in the certificate and fixed as the boundary.
 Question: You located this point by going back to the rock marked B and coming back?
Answer: Alexander's survey runs both ways.

Question: Is it your idea that the course and distance should prevail over natural monuments when you are trying to locate a monument?
Answer: There is no natural monument near the sea - I ran it to the sea.

Question: Haven't you got a natural monument where the X is and another at the sea?
Answer: Not definite to the sea unless you run to the sea.

Question: Why haven't you run it from the rock to the sea?
Answer: Because Alexander's line runs on those bearings.

Question: You are laying more stress on the bearings?
Answer: I ran it right through to the sea shore as I did formerly.

[page 382]
Question: It might continue on through to the sea shore instead of turning at right angles?
Answer: It hits the ridge from here to here, if it was run through it would hit nearly at the other side.

Question: Isn't that the theory you were working on?
Answer: No.

Question: You prefer to get to the sea by throwing in the extra course?
Answer: Didn't prefer anything - simply got to the sea that way.

Question: Isn't it pretty clear that Alexander intended the line to run from the X rock to the sea in one straight line?
Answer: He ran to his bluff point.

Question: Isn't it pretty clear that Alexander intended the line to run from the X rock to the sea in one straight line?
Answer: No. He ran to his bluff point - he came round the sea on the bluff and he ran inland from the sea.

Mr. Hewitt: I would like to have the Commissioner look at this survey, and look at courses 22 and 23. (Commissioner examines document.)

Mr. Hewitt: Now, Mr. Baldwin, have you ever seen the map that Mr. Alexander drew and filed with this same description of Ukumehame?
Answer: Yes. (Answered before objection was in)

Mr. Merriam: I object to the question and the answer. The map that is being referred to is a map unauthorized by law; the law - at the time the survey of Ukumehame was made - didn't require a map - no map is actually on file with the record of the boundary certificate, and I object to its admittance in this instance.

Commissioner: Isn't there a dispute in this as to where the line runs?
Mr. Merriam: Yes.

Commissioner: Isn't that why the Commissioner is sitting here [page 383] today? Not to accept the view of either party until he has heard all the evidence. The objection is over-ruled and the question and answer will be allowed.

Mr. Merriam: Exception.

Mr. Hewitt: Have you a copy of that map, Mr. Baldwin?
Answer: No.

Question: Do you recognize this map, Mr. Baldwin?
Answer: I have seen a blue print of it.

Question: Showing the witness a map of Ukumehame, of West Maui J. M. Alexander's survey, August 1874, do you know what that map is?
Answer: James Alexander's map.

Question: And for what purpose was it made?
Answer: Well, it is Alexander's map.

Question: How did it happen to be made?
Answer: I take it for granted it was made in connection with his survey of Ukumehame.

Commissioner: This very survey referred to?

Mr. Hewitt: In Exhibit 1. May I offer this in evidence?
Mr. Merriam: Yes.

Hewitt: You have no objection to the fact that it is offered on cross examination instead of direct examination?
Mr. Merriam: No - just save an exception.

Commissioner: The map of Ukumehame, West Maui, J. M. Alexander, surveyor, dated August, 1874, may be marked Contestant's exhibit '2.'    .
Mr. Hewitt: Mr. Baldwin, this Contestant's exhibit '2' you say is a map, made by Mr. Alexander, of the land of Ukumehame, as described in Applicants' exhibit 'A?'
Answer: Why, I suppose it is.

Question: You have no doubt of it?
Answer: It looks as though it is in connection with it.

Question: You have seen this before?
[page 384]
Answer: A blue print of it.

Question: And you have never doubted the authenticity of it?
Answer: No.

Question: You have no doubt it is Alexander's?
Answer: It is signed by him.

Question: Assume, for the purpose of this question, that you have never, seen any description of the land of Ukumehame and all you have before you -  as an expert surveyor - was this exhibit '2' - the map - where would you say that the line running from this point, which I will mark x - near the word Puu Hele, would be - where would you consider that first course terminated going toward the sea?
Answer: Well, there is nothing there to indicate, if I had no survey, as to where it exactly went:

Question: It couldn't possibly go to Kapoli Spring?
Answer: Not necessarily the way it is written.

Question: It seems apparent that it terminates some where between the word Kapoli and the word Spring?
Answer: No - in this small scale it is hard to tell.

Question: You can't see any point where the line turns?
Answer: The Spring is all round that.

Question: Kapoli Spring is just a spring?
Answer: Kapoli is the name of the low land.

Question: But Spring?
Answer: Spring  - the whole of Kapoli is here.

Question: And it is known as Kapoli Spring?
Answer: Kapoli Spring is right round it. I always was interested to know where it was and I hunted all round there and got all the testimony I could, and one fellow would name it as this Spring, and the first man showed me a water spring and said when it rained it is fresh water right round the house, that was pointed out to me as Kapoli Spring.

[page 385]
Commissioner: Where we went this morning?
Answer: It is makai of the beach there by the windmill, there is a dirt flat there that fills up with fresh water when it rains, and that was pointed out to me as Kapoli Spring; all round that point, way down to the mouth of the gulch almost, is spoken of as springs, and I have seen that the whole region there is Kapoli, so Kapoli Spring would be where the water springs out.

Commissioner: What does 'Kapoli' mean?
Answer: Hollow - depression.

Commissioner: Water that comes out of a hollow?
Mr. Penhallow: It is something aside from springs.

Commissioner: The word 'Kapoli' has no direct reference to th ....

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.... Figures would be 63° 48'.

Mr. Merriam: I will then refer you to Applicants' Exhibit D, which is a plan of a portion of the Ukumehame boundary adjoining the land at Waikapu, and ask you if the angle of divergence given on this map, line B-A and B-C of Applicants' amended map is the same sized angle as stated by you just now?

Mr. Newton: The same angle. It would not make the same angle to that you had on your map.
Mr. Merriam: Mr. Newton, in using the point wherein the [page 461] Govern
ment has the flag at point A of Applicants' amended application, you have admitted you have taken a longer distance of line than the Ukumehame boundary Certificate (Contestants' Exhibit 5) calls for, what justification have you for taking that longer length of line?
Mr. Newton: The description does. Calls for a point on the ridge. Natural monument.

Mr. Merriam: Where do you see that?
Mr. Newton: 24 course reads: "S. 69° 30' W., 60.10 ch. on . ridge along Waikapu."

Mr. Merriam: When you arrived at a point on a ridge, such as in the approximate location of point A on Applicants' amended map, and you find that there is a saddle above that point before you get to the next point of the survey further mauka, is it not in your estimation to go to the topmost point on a knoll; such as there is at point A?
Mr. Newton: No, not necessarily.

Recess of 10 minutes.

Mr. Merriam: You have stated Mr. Newton that Mr. Kanakanui made a mistake in the direction of the line from B to C toward the ocean on Applicants' Ammended [sic] map; how do you know he made a mistake?
Mr. Newton: Because it shows on the face of the map and in his field notes that he was running to Kapoli, that he located Kapoli -
 
Merriam You do not know but what his location of Kapoli Spring was the proper one?
Mr. Newton: Because there is only one Kapoli Spring.

Mr.  Merriam: But there right be two understandings as to which location -
Mr. Newton: The one we took 100 feet further would be inland.

Mr. Merriam: In other words, your conclusion with respect to the error is dependent upon where Kapoli Spring actually is,
Mr. Newton: Monument at the sea.

Mr. Merriam: You are assuming it in one place and another one in another place?
[page 462]
Mr. Newton: I leave that to the Kamaaina.

Merriam: I now call your attention, Mr. Newton, to "Contestants' Exhibit 4” being the record book No. 1, Boundary Commission for Maui, (Showing witness Certification or the boundaries, the land or Ukumehame) which shows the note, as follows: Note: "Waikapu claims a strip of sea-shore, 1 ch. broad, reaching from Kapoli to Manawainui in ravine". Mr. Newton, the use of the word "Kapoli" may mean, land of Kapoli, may it not?
Newton: According to the Kamaaina, Kapoli was in the vicinity of the spring.

Mr. Merriam: It has been indicated that there was such a Spring, a section of land known, a portion of land […]
Mr. Newton: About the size of this room.

Mr. Merriam: Might this reference refer to the land of Kapoli, it does not say Spring?
Mr. Newton: According to the Kamaaina, Kapoli was known as the spring and land which took in a space the size or this room.

Mr. Merriam: Very well, I think that is all.

Mr. Newton on re-direct examination.

M. Hewitt: You stated a while ago, it was not necessarily the logical thing for a surveyor standing at the X-rock to take his point on the ridge - the highest point - what do you mean by that?
Mr. Newton: The intention of that is, that putting up your station on a point on the ridge, that you try to get a point where you have a view of the lower section in general after for detail work. You may want to put in [---] sub-station in between, when the distances are very long.

Mr. Hewitt: Does the Government station on the ridge mauka of the X-rock represent such a location?
Mr. Newton: It does.

Mr. Hewitt: Better than the flag adopted by the Applicants?
Mr. Newton: From the road in places, you cannot see Applicants' flag

[page 463]
Mr. Hewitt: Will you proceed a little further on than where Mr. Merriam carried, in Alexander's distances when checked with natural monuments (referring to Amended map of Applicants) Will you mark in numbers as you proceed, instead of letters.
Mr. Newton: 26 course given in the Certificate. Distance is 3570.6 ft. Applicants' map between points 1 and 2, the distance is 3676.

Mr. Hewitt: Longer than Alexander calls?
Mr. Newton: Yes, longer than Alexander calls. A difference in bearing from Alexander's bearing. The next course 27, calls for the distance of 1623.6 feet. That is from point 2 to 3 on the Applicants' map; they have inserted 2 courses instead of one. The total distance of the two courses is shorter than the one course given by the certificate; but the two courses have different bearings.

Mr. Hewitt: Where Alexander gives one instead of two.
Mr. Newton: They give two.

Mr. Hewitt: Proceed on, any other?
Mr. Newton: The line back to Ukumehame on the west.

Mr. Hewitt: So, when they speak of their reproduction of Survey, they must mean by that something different from what we call a reproduction?
Mr. Newton: Looks that way.

Re-cross examination of Mr. Newton.

Mr. Merriam: Mr. Newton, you have just stated that the lines run by the surveyors for the Applicants in this case, between point A, point 1 and 2 – “did not coincide” in matter of distance, at least, with the Alexander survey?
Mr. Newton: They do not.

Mr. Merriam: I will ask you, as a surveyor, if these points selected by the surveyor for the Applicants, are not clearly the points that any surveyor would take on a mountain ridge side for the point such as Alexander's survey seems to call for; are they not natural peaks, and a natural one for a surveyor to take?
Newton: I believe so.

[page 464]
Mr. Hewitt: In this so-called Alexander survey, I wish you would explain to the Court and me, how the applicant gets to this point, the last point on the sea-shore on the amended map.
Mr. Newton: They have tried to run a line from the X-rock using Kanakanui's azimuth, and produced it through the distance given in the certificate itself. 147 feet back from the sea.

Mr. Hewitt: Whereas, the Alexander survey locates it at the sea.
Mr. Newton: Yes. They traversed further back from the sea. There is a difference between the traverse line and the actual boundary.

Mr. Hewitt: If they went from the X-rock and took Alexander's bearing and went to the sea as he intended it, to go to the sea, they would hit the ocean at an entirely different point than their survey would hit.
Mr. Newton: It would hit the sea first, at a point off Kapoli Spring.

Mr. Hewitt: And before you ever come to the Cornwell beach house.
Mr. Newton: Yes.

Mr. Hewitt: It would not in any way reach the Cornwell house?
Mr. Newton: The point they have now is south. The first point that hit the sea is in the bay, that is on the sea side, the point that hits the ocean is directly north of the beach.

Mr. Hewitt: between the beach house and Kapoli?
Mr. Newton: The point just north of Cornwell's beach house. On the opposite side of the cove, on the Wailuku side of the bay.

F.H. Kanahele called and sworn.

Mr. Hewitt: Will you admit Mr. Kanahele's qualification as a surveyor?
Mr. Merriam: I do.

Mr. Hewitt: What is your name and occupation?

[page 465]
Mr. Kanahele: My name is F.H. Kanahele and Occupation is Assistant Government Surveyor.

Mr. Hewitt: Have you ever seen this blue-print before?
Mr. Kanahele: I have.
   
Mr. Hewitt: Have you checked the work in this, so that you can state whether it is accurate?
Mr. Kanahele: Yes.

Mr. Hewitt: Have you found it accurate?
Mr. Kanahele: It is.

Mr. Hewitt: Offer in evidence survey and map by James M. Dunn,
Sept. 4, 1927.    .
Mr. Kanahele: Purpose of map. Detail location of the surroundings in question, at the end of the line; from the X-rock mauka of Ukumehame to the vicinity of Kapoli.

Commissioner: Admitted in evidence and marked "Contestants' Exhibit 13",   
Mr. Merriam: Object to the admittance for the purpose of evidence for the reason that it is not an original, and contains many alterations, the authority for such alterations is not shown.

Mr. Hewitt: This is, offered its purpose is to make clearer the testimony of this witness as he gives his testimony and the testimony of the other witnesses.

Commissioner: For that purpose, it is admitted.

Mr. Merriam: Save an exception.

Mr. Hewitt: Will you explain to the commissioner just what this plan shows?
Mr. Kanahele: This plan shows a detailed location of that portion of land between the Main Government road, from Wailuku to Lahaina, and high water mark along the sea coast in the vicinity of Kapoli Spring and Cornwell's beach house. This line here, between (A and B), shows a portion of the line as run from the X-rock N.W. of Puuhele to the bluff point as selected by E.D. Baldwin (A). This line (from C to D) is a line as run by Jas. M. Dunn, Asst. Government Surveyor, and myself, to be the line extending from the X-rock N.W. of Puuhele to Kapoli Spring, as gathered by James M. [page 466] Dunn and myself from Kamaainas of that vicinity.

Mr. Hewitt: This point (E) what is that?
Mr. Kanahele: That is the (C) point of E.D. Baldwin, and this line from E to A is the extra course they have thrown in to reproduce Alexander's Survey.

Mr. Hewitt: And a line from their natural monument to C, that is point E, to the marked rock would hit the sea about where?
Mr. Kanahele: At a point marked F.

Mr. Hewitt: That is all.

Mr. Hewitt: You are the surveyor who located the Government flag on ridge on the rock?
Kanahele: I am.

Mr. Hewitt: How did you happen to locate it the way you did?
Mr. Kanahele: I selected a base line below before I hiked to the hill; below in that flat line makai of Puuhele, in that clear portion running to the ocean on the makai, east side of the road. On arriving at the top of the ridge, I found that I could not very well establish a system of triangulation from E.D. Baldwin's point.  I investigated the range and found several ahus, built up piles of rock, in several different localities of that particular ridge. I finally chose one; that was 34 1/2 feet away from the present flag (my flag); at the time not knowing anything about that particular spot. It just happen to miss my observation. Before leaving the ridge, I again looked around and came to this Ahu, which had a solid rock triangular in shape, a rock that is generally taken by surveyors, when so marked. From this point I had the same commanding view as that of the lower point. I began to take measurements about the ridge, and finally, from my measurements, found out that this particular Ahu was very centrally located, as shown in this sketch. My presence is now at B. A is my first flag. C is E.D. Baldwin's flag. It represents a sketch of the ridge. It begins to slope abruptly. Gradually sloping and then dropping.

[page 467]
Mr. Hewitt: Did you make that sketch yourself?
Mr. Kanahele Yes.

Mr. Hewitt: Offer this in evidence.
Commissioner: What is that page you have been referring to?

Mr. Kanahele: Page 20.
Commissioner: Book of what?

Mr. Kanahele: Calculation book.
Commissioner: The contestants offer in evidence a book designated by the witness as "Calculation book" for the purpose or throwing light on the testimony of the witness. That will be admitted in evidence and marked "contestants' Exhibit 14".

Mr. Kanahele: From this sketch it is very plain; showing the distance from the edge, where the ridge itself shows - mark falling. From A to the edge, 28 feet; from B to the other edge, 26 feet; from C to the mauka edge, 25 feet; and I may add, this portion of it is drawn to scale; so it is actual reproduction to scale.

Mr. Hewitt: In your opinion, which one of these three points is the most logical point for a surveyor to adopt, running Alexander's survey.
Mr. Kanahele: The point marked B.

Hewitt: Taking that as the point on the ridge, and running back down to the X-rock, where does that angle, at the X-rock, throw the line from the rock to the sea?
Mr. Kanahele: It would be in the vicinity of Kapoli.

Mr. Hewitt: And by Kapoli, you mean what?
Mr. Kanahele: The spring.

Mr. Hewitt: it would throw the line more toward the Spring than it is run in the amended plan of Applicants?
Mr. Kanahele: Yes.

Mr. Hewitt: How far would it come, from the sea, high water mark
Mr. Kanahele: About 10 feet.

Mr. Hewitt: Which way?
Mr. Kanahele: Mauka.

Mr. Hewitt: Of high water mark?
Mr. Kanahele: Yes.

[page 468]
Mr. Hewitt: You have figured that exactly?
Mr. Kanahele: That is a fair estimate. I haven't figured it accurately.

Mr. Hewitt: Where is it in regard to that iron pin?
Mr. Kanahele: About 10 feet of that iron pin.

Mr. Hewitt: That is all.

Mr. Kanahele: on cross -examination

Mr. Merriam: Mr. Kanahele, I call your attention to Contestants' Exhibit 13, which on reference thereto, you have indicated that the location "A" is Mr. Baldwin's point at the end of the line from X-rock on the Applicants' Amended map. Do you know whether that point can be considered as a good bluff point in connections with the Alexander survey of the land of Ukumehame, is it, is that a point on the bluff?
Mr. Kanahele: Intervital bluff.

Mr. Merriam: In that a point on a bluff?
Mr. Kanahele: Yes, it is.

Mr. Merriam: Are you in agreement with Mr. Newton's statement, that the Alexander survey was a bluff point survey over to point "A"?
Mr. Kanahele: Not to point A. They may be bluff to bluff points but not to point "A".

Mr. Merriam: That is, you have indicated Mr. Baldwin's line from X-rock, B to B, on the applicants' amended map, runs to your point "A" on Exhibit 13, do you not?
Kanahele: Yes.

Mr. Merriam: And his next line runs from E to E?
Mr. Kanahele: Yes.

Mr. Merriam: You admit that point A is on a ridge, do you not?
Mr. Kanahele: Yes.

Mr. Merriam: Can you state whether that point is a point from which he would be able to see X-rock?
Mr. Kanahele: It is impossible.

Mr. Merriam: you think so? 
Mr. Kanahele: I absolutely know so.

Merriam: How do you know?   
Mr. Kanahele: There are authorities, as Mr. Newton has stated.

[page 469]
Mr. Merriam: From the evidence you have produced?
Mr. Kanahele: Yes.

Mr. Merriam: I will call your attention to this same map "Contestants' Exhibit 13", wherein you have indicated that the line D to C is the correct line for the line from the X-rock at B, Applicants' amended petition, to Kapoli Spring?
Mr. Kanahele: Yes.

Mr. Merriam: You admit that the Alexander Survey calls for the point at the sea, the last point before you go to X-rock, shall be at the sea at high water mark?
Mr. Kanahele: Yes.

Mr. Merriam: I also call your attention to the fact you have reached the sea at this point here, it is s what?
Mr. Kanahele: High water mark.

Mr. Merriam: And where is Kapoli Spring? At sea?
Mr. Kanahele: At sea.

Mr. Merriam: By what right, did you go beyond high water mark after reaching the sea to get Kapoli Spring, course what?
Mr. Kanahele: by the right that in a survey, monuments prevail.

Mr. Merriam: You had better define that survey; you mean Ukumehame?
Mr. Kanahele: Yes.

Mr. Merriam: The map is a part of it; by what right did you make that line?
Mr. Kanahele: As I have stated before, by the right, monuments prevail.

Mr. Merriam: Is not the sea a monument?
Mr. Kanahele: Yes sir.

Mr. Merriam: Why didn't you stop there; you had reached the sea called by the boundary certificate?
Mr. Kanahele: The reason why I did not stop there was for my investigation of a survey. In inquiring about from the different kamaainas, who actually pointed the Spring out to me, and who also claim that the Spring was the end of [page 470] Ukumehame and Waikapu by the sea; I therefor concluded that Kapoli Spring was a monument to be taken into consideration in this survey. The line that I took from the ridge point mauka of Puuhele, the angle that I took, from the ridge point, mauka of Puuhele, diverting it toward the sea, was some 10 feet in of this line (from C to D) 10 feet inland, which line did not cross the sea coast at high water mark.

Mr. Merriam: Why did: you mention that line, when you are contending for this line?
Mr. Kanahele: Because this is the line pointed out to me by the kamaaina.

Mr. Merriam: That is the line you think should be right?
Mr. Kanahele: Yes.
 
Mr. Merriam: You have stated that you have assembled information from kamaainas on which you base your interpretation of the main line in dispute (from B to C) and beyond to the coastline, what kamaainas?
Mr. Kanahele: Kamaka Kailianu, Piimoku, Moses Kalani and James Cornwell.

Mr. Merriam: All individuals about how old?
Mr. Kanahele: The youngest is 57, oldest is 73.

Mr. Merriam: How, Mr. Kanahele, in your location of your flag, are your locations are the ridge point at A, you have stated that your first flag was at A.
Mr. Kanahele: Yes.

Mr. Merriam: Shown on Contestants' Exhibit 14?
Mr. Kanahele: Yes.

Mr. Merriam: And your second location was at B?
Mr. Kanahele: Yes.

Mr. Merriam: Why did you change from A to B?
Mr. Kanahele: Because B was to my mind a better point for any surveyor to select.    .

Mr. Merriam: From what natural character was it a better point.
Mr. Kanahele: It had a better commanding view of the lower lands.

Mr. Merriam: A better commanding view of the rock?

[page 471]
Mr. Kanahele: Of the lower land between the rock and Kapoli Spring.

Mr. Merriam: Did it have a better commanding view of the rock itself?    .
Mr. Kanahele: It had just as good.

Mr. Merriam: Did it have a better commanding view of the rock itself?
Mr. Kanahele: It had the same commanding view.

Mr. Merriam: Can you state, that second B, commands a better location at B, than Baldwin's location at C?
Mr. Kanahele: I can see the bottom of my flag, you cannot see the point of Mr. Baldwin's flag; the point right next to the ground.

Mr. Merriam: However, you recognized that Mr. Baldwin's point at C is a point at a higher elevation than your point?
Mr. Kanahele: A little higher.

Mr. Merriam: I would call your attention to Contestants' Exhibit 13 and ask you if on either of these two lines, B to A, or D to C, there are any reference there to Kamaainas' names, on which we base the location of these lands; or on whose information was based the location?
Mr. Kanahele: They are not actually kamaainas, excepting that here, it reaches the line further. No kamaainas.

Mr. Kanahele: on re-direct examination.

Mr. Hewitt: In your estimation, is it possible that between 1874 and 1925, there was a slight change of 3 or 4 feet at High tide mark in the vicinity of Kapoli Spring?
Mr. Kanahele: Very probable.

Court adjourns until 9 o'clock a.m. July 12/2.

[page 472]
July 12/27, 9 a.m.

James Cornwell called and sworn. 

Mr. Hewitt: Your name please?
Mr. Cornwell: James Cornwell.

Mr. Hewitt: And how old are you?
Mr. Cornwell: 57 last May.

Mr. Hewitt: And are you related to Henry Cornwell?
Mr. Cornwell: W.R.Cornwell.

M. Hewitt: Are you related to W.H. Cornwell?
Mr. Cornwell: Yes.

Mr. Hewitt: In what way?
Mr. Cornwell: My father.

Mr. Hewitt: the original H. Cornwell was your grandfather?
Mr. Cornwell: Yes.

Mr. Hewitt: the Cornwell who lived what is called and known to the Cornwell beach house near Maalaea?
Mr. Cornwell: Yes, I stayed there.

Mr. Hewitt: Are you familiar with the location about the beach house there?
Mr. Cornwell: Yes.

Mr. Hewitt: Do you know where Kapoli Spring is?
Mr. Cornwell: Yes, right behind my little beach house; little close.

Mr. Hewitt: Describe it, please more fully. Can you give us a better description of the Spring. What do you mean "just behind your house?"
Mr. Cornwell: My house in the front and that was behind, close by the beach.

Mr. Hewitt: what does it look like around the Spring:
Mr. Cornwell: They dig a hole there for cattle to go in there to drink at Kapoli.

Mr. Hewitt: What is there on the makai side of the Spring, if anything?
Mr. Cornwell: Nothing but rocks.

Mr. Hewitt: What kind, how many?
Mr. Cornwell: Plenty rocks, big stones.

Mr. Hewitt: How many big stones?
[page 473]
Mr. Cornwell: About 5 or 6 big stones maybe more.

Mr. Hewitt: Are there any unusual large stones? Out in front there, just makai of the spring?
Mr. Cornwell: About 3 great big stones.

Mr. Hewitt: How long have those three big stones been there?
Mr. Cornwell: Since I was a kid.

Mr. Hewitt: Same place?
Mr. Cornwell: yes.

Mr. Hewitt: Is the Spring right in the vicinity of those 3 big stones?
Mr. Cornwell: Little mauka.

Mr. Hewitt: Do you know that place a little more on the Lahaina side where the cliff goes up straight?
Mr. Cornwell: I know it, they call it Pall Hai.

Mr. Hewitt: Has there been much change?
Mr. Cornwell: No, very little change.

Mr. Hewitt: Do you know the name of the place under Pali Hai?
Mr. Cornwell: There is s a little spring over there. At high tide you get water, and low tide you see it coming out. High tide there is salt water.

Mr. Hewitt: What is the name of that spring?
Mr. Cornwell: I forgot the name of that spring.

Commissioner: How long have you lived there?
Mr. Cornwell: Well, I never lived there altogether.

Commissioner: How long have you been well acquainted with that place?
Mr. Cornwell: All my life.

Commissioner: The little spring has a Hawaiian name?
Mr. Cornwell: Yes.

Commissioner: Do you know what it is?
Mr. Cornwell: I know, but I forgot.

Mr. Hewitt: Is it Waikui?
Mr. Cornwell: Waikui.

Mr. Hewitt: How long have you known, that was the name of the Spring?
Mr. Cornwell: I know Kapoli and that water down there.

Hewitt: You knew about the two springs and their names?
[page 474]
Mr. Cornwell: Yes.

Mr. Hewitt: Long before you knew me?
Mr. Cornwell: yes.

Mr. Hewitt: What do you know about the divide line in that vicinity between the lands of Ukumehame and Waikapu?
Cornwell: I do not know about the boundary of Ukumehame and Waikapu.

Mr. Hewitt: Do you know at what place at the sea they are divided?
Mr. Cornwell: I do not know.

Mr. Hewitt: Do you know about what land the beach house was?
Mr. Cornwell: My grandmother told me it was on Ukumehame.

Mr. Hewitt: What else did she tell you?
Mr. Cornwell: I ask her first, when she made a deed to us. She is dead 30 years ago. If we have a right to those houses down there and she said, no. I ask my grandmother if we have the right there. She said, we have no right. My grandmother told me it belongs to the Government; when they told you to go, go.

Mr. Hewitt: Did you subsequently file a preference right claim with the Government?
Mr. Cornwell: No, I never put in until just lately.

Mr. Hewitt: When?
Mr. Cornwell: About 6 years.

Mr. Hewitt: You filed preference right claim for the land where the beach house is?
Mr. Cornwell: Yes.

Mr. Hewitt: Do you recall having taken a lease of that land from the Wailuku Sugar Co.?
Mr. Cornwell: Yes.

Mr. Hewitt: How did you happen to do that?
Mr. Cornwell: When they came to me, They said it belong to them. I said if it belong to them, I might take a lease; better than going out. Penhallow came there and said the place belonged to them, and I leased it. I did not want to go away, I rather stay there and pay $1 a year.

Mr. Hewitt: What was your belief at that time as to the [page 475]
nature of their right there?
Mr. Cornwell: Well, I thought that the Government and Plantation had made everything to the plantation, that is how Penhallow came to me to lease the place, that is why I took the lease.

Mr. Hewitt: You thought the Government had fixed it up with the plantation?
Mr. Cornwell: Maybe the Government had given the plantation the place; that is the reason I took the lease from the plantation.

Mr. Hewitt: Did Mr. Baldwin, the surveyor, speak, bring up that subject to you about Kapoli Spring?
Mr. Cornwell: Yes.

Mr. Hewitt: How long ago?    ,
Mr. Cornwell: I do not remember. Sometime ago he came to the house. He asked me. I told him about Kapoli Spring.

Mr. Hewitt: You did not tell him you did not know anything about Kapoli Spring?
Mr. Cornwell: I told him I know about Kapoli Spring.

Mr. Cornwell: on cross-examination

Mr. Merriam: You made the statement that you understood the location of Kapoli Spring to be right behind the Cornwell house?
Mr. Cornwell: Yes, little.

Mr. Merriam: On which side of the house, toward what locality?
Mr. Cornwell: The house face down the beach.

Mr. Hewitt: Looking toward Olowalu?
Mr. Cornwell: The house face down the beach on that side behind

Mr. Merriam: Toward what place?
Mr. Cornwell: Toward Waikapu side.

Mr. Merriam: How far from the Cornwell house is Kapoli Spring?
Mr. Cornwell: About 100 feet, or little more.

Mr. Merriam: How far from high tide line is Kapoli Spring? Is the location of Kapoli Spring?
Mr. Cornwell: Well, at high tide, water come to the bank of Kapoli Spring.

[page 476]
Mr. Merriam: Is it not a fact that at low tide, there is a large amount of water coming out for a long distance along the shore between the Cornwell house and beyond the Cornwell house on the Olowalu side, also back toward Maalaea landing; isn't there a lot of fresh water coming out along the beach?
Mr. Cornwell: Little way by Kapoli, not go over to Maalaea side.

Mr. Merriam: On the Olowalu side?
Mr. Cornwell: Very Little.

Mr. Merriam: At different places?
Mr. Cornwell: Yes.

Commissioner: What do you mean by different places, how many, ½ dozen, 3 or 12?
Mr. Cornwell: Where Kapoli spring come out, it shoots out; here and there. No water at all over the other side, until Pali Hai, where Waikui is.

Mr. Merriam: Any fresh water between those two points?
Mr. Cornwell: No.

Merriam: At low tide condition?
Cornwell:  Yes.

Mr. Merriam: You say that your grandmother told you that the land on which your present house stands was government land?
Mr. Cornwell: Yes.

Mr. Merriam: What is your grandmother's name?
Mr. Cornwell: Kapu Luzada.

Mr. Merriam: How old were you when she told you that?
Mr. Cornwell: About 23 or 24.

Mr. Merriam: And how old was she?
Mr. Cornwell: I could not tell.

Mr. Merriam: About how old?
Mr. Cornwell: About 60, I think.

Mr. Merriam: You said that you have filed a preference right claim to this land with the land Commissioner about 6 Years?
Mr. Cornwell: About 5 or 6 years.

[page 477]
Mr. Merriam: What did the land commissioner do with this application for preference right?
Mr. Cornwell: I guess they threw it out, I never heard any more,

Mr. Merriam: He has never taken it up with you since?
Mr. Cornwell: No.

Mr. Merriam: You have stated that you knew nothing about the boundary lines between the lands of Ukumehame and Waikapu?
Mr. Cornwell: No.

Mr. Merriam: What you learned was hearsay from others, that is your grandmother?
Mr. Cornwell: Yes.

Moke Kalani called and sworn.

John Ferreira as Hawaiian Interpreter.

Mr. Hewitt: What is s your name?
Mr. Kalani: Moke Kalani.

Mr. Hewitt: How old are you?
Kalani: 63.

Mr. Hewitt: Where were you born?
Mr. Kalani: At Haiku, Maui.

Mr. Hewitt: How long did you live at Haiku?
Mr. Kalani: I was 11 years old when I left Haiku.

Mr. Hewitt: Were did you go?
Mr. Kalani: I came to Waikapu.

Mr. Hewitt: Where have you lived since you were 1l years?
Mr. Kalani: At Waikapu.

Mr. Hewitt: All the time?
Mr. Kalani: Yes, from then until now.

Mr. Hewitt:  Where do you live now, Moke?
Mr. Kalani: At Maalaea.

Mr. Hewitt: Do you know where Kapoli Spring is?
Mr. Kalani: Yes.

Mr. Hewitt: Where about?
Mr. Kalani: It is along a well that I dig myself.

Mr. Hewitt: Locate it more definitely?
Mr. Kalani: Kapoli is a wide place, even where the water is coming under,
[page 478]

Mr.
Hewitt: Tell us, where Kapoli Spring is?
Mr. Kalani: Right at the well where we dug.

Mr. Hewitt: Which side of the Cornwell beach house is that?
Mr. Kalani: On the Waikapu side of the beach house.

Mr. Hewitt: Can you describe that spring any more definitely?
Mr. Kalani: Right where that well that we dug and that is Kapoli Spring right there.

Mr. Hewitt: What is just makai of the Spring?
Mr. Kalani: Stones.

Mr. Hewitt: How many?
Mr. Kalani: Four.

Mr. Hewitt: Big ones?
Mr. Kalani: Two large ones and two little ones.

Mr. Hewitt: How long have they been there?
Mr. Kalani: When I was small.

Mr. Hewitt: And were they in the same place they are now in?
Mr. Kalani: Yes.

Mr. Hewitt: What do you know Moke, about the digging of that well near the big pohakus?
Mr. Kalani: the only thing I remember, we dug until we found the water.

Mr. Hewitt: Who dug?
Mr. Kalani: Myself, Kaniala and Kali.

Mr. Hewitt: Where is Kaniala?
Mr. Kalani: Both of them are dead.

Mr. Hewitt: For whom did you dig that well?
Kalani: Cornwell.

Mr. Hewitt: Under what instructions?
Mr. Kalani: Cornwell gave us instructions.

Mr. Hewitt:  What were they?
Mr. Kalani: He gave us instructions to dig the well for the cattle.

Mr. Hewitt: Did he tell you where to dig it?
Mr. Kalani: Yes. We dig the well on a different place, when Cornwell came down and he told us to dig it on his own place.

Mr. Hewitt: Why was it not satisfactory where you first dug it?
[page 479]
Mr. Kalani: He did not want to have the well dug on Ukumehame side.

Mr. Hewitt: So you moved over toward Waikapu?
Mr. Kalani: Yes.

Mr. Hewitt: How much more toward Waikapu did you move then when you dug it the second time?
Mr. Kalani: About 2 feet.

Mr. Hewitt: Moved over toward the Waikapu side?
Mr. Kalani: The well was moved to Waikapu side.

Mr. Hewitt: Will you indicate in the room somewhere in the building, about how far you moved?
Mr. Kalani: (demonstrates 2 feet).

Mr. Hewitt: that is all you moved over?
Mr. Kalani: Yes.

Mr. Hewitt: Moke, going over toward your house from the Cornwell house, going over toward Olowalu, do you know the section of the beach where the cliff goes up straight?
Mr. Kalani: Yes.

Mr. Hewitt: You know the name of that place?
Mr. Kalani: Yes.

Mr. Hewitt: What is it?
Mr. Kalani: Pali Hai.

Mr. Hewitt: What is the name of the place just under that on the Olowalu side?
Mr. Kalani: Kalama.

Mr. Hewitt: Is there any Spring over near Pali Ha`i?
Mr. Kalani: Yes.

Mr. Hewitt: What is the name of it?
Mr. Kalani: That is the name of that place, Pali Ha`i.

Mr. Hewitt: Do you know of any name for the Spring over there?
Mr. Kalani: I do not know the name of the Spring, but there is water from Pali Ha`i to Kalama.

Mr. Hewitt: Fresh water?
Mr. Kalani: Water could be drunk.

Mr. Hewitt: How far is that to Kalama?
Mr. Kalani: Quarter of a mile.

[page 480]
Mr. Hewitt: Is that place, or [are?] those springs ever known as Kapoli springs?
Mr. Kalani: Yes.

Mr. Hewitt: That is the spring near Pali Ha`i, are they known as Kapoli springs?
Mr. Kalani: Kapoli Spring is from the farther side, but on this side, there is a lot of water.

Mr. Hewitt: But when the old Hawaiians speak of Kapoli Spring, what did they mean?
Kalani: In the olden time, it is the place where people that were sick, they go there to recuperate.

Mr. Hewitt: What was as referred to when they spoke of Kapoli Spring?
Mr. Kalani: It means “bring to health."

Mr. Hewitt: what place did they mean when they say, Kapoli Spring?
Mr. Kalani: At the well that we dig, that is the place we call Kapoli. There is a wide space. That Kapoli was a wide space.

Commissioner: What does he mean by wide space, from here to the old church, or does he mean from here to down town?
Mr. Kalani: About the size of this room.

Mr. Hewitt: Moke, that place called "Pali Ha`i" has that Pali changed much since you were a boy?
Mr. Kalani: It has all fallen down.

Mr. Hewitt: How much has it changed since you were a boy?
Mr. Kalani: The sea hits it quite often, and the dirt loosen, the road is still there.

Mr. Hewitt: The same road that was there when you were a boy?
Mr. Kalani: Yes.

Mr. Hewitt: that is all.

Mr. Hewitt: When you dug that well at Kapoli, you did not finish it up?
Mr. Kalani: Because the water was running after, when it was low tide; so Cornwell told us to go there and dig it and bank it, on the makai side.

Mr. Hewitt: Did you bank it up with stones on the side?
[page 481]
Mr. Kalani: Yes.

Mr. Hewitt: Why did you bank it up with stones on the makai side?
Mr. Kalani: The sea gets in.

Mr. Hewitt: Now, did Mr. Baldwin ever ask you anything about Kapoli Springs?
Mr. Kalani: Yes.

Mr. Hewitt: What did you tell him about Kapoli Spring?
Mr. Kalani: I told him about the size of this room, that is Kapoli.

Commissioner: I wish you gentlemen to make a rough sketch where that house is and where the ocean comes in.

Moke Kalani on cross-examination

Mr. Merriam: Kalani, you knew, remember Henry Cornwell?
Mr. Kalani: Yes.

Mr. Merriam: Did you know his son, W.H. Cornwell?
Mr. Kalani: Yes.

Mr. Merriam: And did you know Jas. L. Cornwell?
Mr. Kalani: Yes.

Mr. Merriam: For whom had you worked in the Cornwell family?
Mr. Kalani: the elder Cornwell, Henry Cornwell.

Merriam: What was your work?
Mr. Kalani: Pulling sugar, carrying sugar.

Mr. Merriam: From what place to what place?
Mr. Kalani: From  Waikapu to Wailuku.

Mr. Merriam: You know the location of the old Cornwell house at the flat section on the shore of Maalaea Bay?
Mr. Kalani: Yes.

Mr. Merriam: What was that house built of?
Mr. Kalani: It is a sugar house.

Mr. Merriam: What material was it built of?
Mr. Kalani: Lumber, wooden.

Mr. Merriam: Was that house destroyed by fire?
Mr. Kalani: No, it was broken down.

Mr. Merriam: Is the new house on the same location as the old house? [page 482]
Mr. Kalani: there is no new house now.

Mr. Merriam: Ask him, if he recognizes the flat land, the Olowalu side of Maalaea Bay, where the present Cornwell house is (showing witness Applicants' Exhibit D); the house in which Jas. Cornwell now lives?
Mr. Kalani: Yes.

Mr. Merriam: Is that the same location that the first house that was built in early days, was built on?
Mr. Kalani: Yes.

Mr. Merriam: Who lived in that house, the first house?
Mr. Kalani: Well, the first house that was there, it was the, sugar house. There was no other house built on that place. The house that is built is on the other side.

Mr. Merriam: On the other side of what?
Mr. Kalani: On the Lahaina side.

Mr. Merriam: So that the present house, that Jas. L. Cornwell lives in is on the Lahaina side of this location?
Mr. Kalani: Yes.

Mr. Merriam: On the flat land?
Mr. Kalani: Yes.

Mr. Merriam: Near the sea?
Mr. Kalani: Yes.

Merriam: Makai of the Government road?
Mr. Kalani: Yes.

Mr. Merriam: Do you know who built the present house that Jas. L Cornwell lives in?
Mr. Kalani: Cornwell.

Merriam: Did he build it for his own use?
Mr. Kalani: Yes.

Merriam: Who lived in the same house with him as his wife?
Mr. Kalani: Kapu.

Mr. Merriam: This flat land on the Lahaina side of Maalaea bay, where the Cornwell house stands, is known under what name of land?
Mr. Kalani: Maalaea is the general name of the whole place.

Mr. Merriam: Is there any local name?
Mr. Kalani: No, known as Maalaea.

[page 483]
Mr. Merriam: The present Cornwell house is situated and located on whose land; does he know?
Mr. Kalani: Before the lands belong to him, now, I think it belongs to the Government.

Mr. Merriam: Do you know the location of the boundary line between the land of Waikapu and Ukumehame, makai of the Government road?
Mr. Kalani: Yes.

Mr. Merriam: Where is that boundary line; below the Government road?
Mr. Kalani: Right at the Spring that we dug is a cliff, rock; Waikapu is separated and Ukumehame is separated.

Mr. Merriam: How do you know that?
Mr. Kalani: Because Cornwell came down and told us not to dig the well on that place, because it belongs to Ukumehame.

Mr. Merriam: When you dug this well for Mr. Cornwell for the spring water, you dug a hole how wide and how deep?
Mr. Kalani: 6 feet deep and 4 feet wide.

Mr. Merriam: When did you dig this well, what year, or about what time?
Mr. Kalani: That is the thing I do not remember.

Mr. Merriam: Which Cornwell gave you orders to dig the well?
Mr. Kalani: Father.

Mr. Merriam: Henry?
Mr. Kalani: Yes.

Mr. Merriam: You spoke of Pali Ha`i section being about the same condition as it was when you were a boy, and said that the road is still there?
Mr. Kalani: It is a mark going up, that is the only thing left.

Mr. Merriam: He means that the road of his childhood days, is the old trail of to-day?
Mr. Kalani: Yes.

Mr. Merriam: And not the present Government road?
Mr. Kalani: No.

Mr. Merriam: "You made a statement that Kapoli was a wide space, [page 484] What did you mean by "Kapoli" when you said "Kapoli was a wide space"?    _.
Mr. Kalani: In the olden time, they call that place "Kapoli” a big space.

Mr. Merriam: You then indicate that Kapoli was a wide space?
Mr. Kalani: Yes.

Mr. Merriam: And mean by that, that it is a name given to a land area there?
Mr. Kalani: Yes.

Mr. Merriam: How many acres do you think there would be in the land called "Kapoli"?
Mr. Kalani: I think: it is over 2 acres.

Mr. Merriam: I think that is all.

Moke Kalani on re-direct examination

Mr. Hewitt: (showing witness a sketch) This little sketch drawn by Mr. Newton, represents here the road to Wailuku and this way to Lahaina; and this represents the Cornwell present house; where is your house located?
Mr. Kalani: My house is at Kalama.

Mr. Hewitt: Which way did you mean toward Wailuku or Lahaina?
Mr. Kalani: Toward Lahaina.

Mr. Hewitt: Where is the approximate location of Kapoli on this?
Mr. Kalani: It is not so close to the house, it is further over from the house.

Mr. Hewitt: Tell him this is the beach.
Mr. Kalani: (Points out X on the sketch) a big rock is just below. (rocks marked a,b,c).

Commissioner: He said that Kapoli was a piece of land approximately 2 acres; tell him to put a line on this side of the land and line on the other side as it runs on the coast; the land he knew as "Kapoli".

Mr. Kalani: There is a house, Haleole house.

Commissioner: Near the wharf?
Mr. Kalani: Not very close to the wharf. (Draws diagram from Haleole house passing the Cornwell house).

Mr. Merriam: What is that known by?
[page 485]
Mr. Kalani: I think that is 2 acres.

Mr. Merriam: And known by what name?
Mr. Kalani: Known as Kapoli.

Mr. Hewitt: Offer this sketch in evidence.

Moke Kalani on re-cross examination

Mr. Merriam: In your statement regarding the boundary below the Government road, you said it reached a cliff or rock; how high above sea level was that cliff or rock?
Mr. Kalani: Not very high.

Mr. Merriam: How many feet?
Mr. Kalani: Over three feet, about as high this table.

Mr. Merriam: Was the cliff or rock makai or mauka of that old trail of your boyhood days?
Mr. Kalani: At makai, lower.

Recess of ten minutes.

Mrs. Piimoku called and sworn.

John Ferreira as Hawaiian Interpreter.

Mr. Hewitt: Your name, please?
Mrs. Piimoku: Piimoku.

Mr. Hewitt: How old are you?
Mrs. Piimoku: 73.

Mr. Hewitt: Where were you born?
Mrs. Piimoku: Lahaina.

Mr. Hewitt: How long did you live there?
Mrs. Piimoku: I think I was about 15 years.

Mr. Hewitt: And then where did you go?
Mrs. Piimoku: Came to Waikapu.

Mr. Hewitt: Have you lived at Waikapu ever since?
Mrs. Piimoku: I lived in Wakapu [sic], married, had children and grandchildren.

Mr. Hewitt: You are almost a kamaaina?
Mrs. Piimoku: I am a kamaaina at this time.

Mr. Hewitt: Do you know where Kapoli Spring is?
Mrs. Piimoku: It is where it is until now.

Mr. Hewitt: Where is that?
[page 486]
Mrs. Piimoku: At Maalaea.
Mr. Hewitt: Where in relation to the Cornwell beach house?

Mrs. Piimoku: Cornwell house is quite a distance, this spring is near the rocks.
Mr. Hewitt: How many?

Mrs. Piimoku:  Lot of aa there, stones there.

Mr. Hewitt: Are there any unusually  large stones there?
Mrs. Piimoku: That is where they leave the naval of children; in those rocks.

Mr. Hewitt: How many of those big rocks?
Mrs. Piimoku: Two.

Mr. Hewitt: And what did they use to do with those rocks?
Mrs. Piimoku: I do not know. The people, older people say
to put the navel there and the children go and come back to the parents.

Mr. Hewitt: They us used two of those rocks for that?
Mrs. Piimoku: There is only one stone they reserve for that, makai of the spring, there is a flat rock there.

Mr. Hewitt: Making how many large stones?
Mrs. Piimoku: Two.

Mr. Hewitt: Are there any smaller rocks?
Mrs. Piimoku: Lot of them; it is a point.

Mr. Hewitt: Where in relation to these rocks is Kapoli spring?
Mrs. Piimoku: Rocks are makai and Kapoli is mauka side, only a little spot; when Cornwell raised cattle and dug it up, dug it up for place for the cattle to drink.

Mr. Hewitt: Right near the spring?
Mrs. Piimoku: Yes.

Mr. Hewitt: Is that the only spring known by the Hawaiians as "Kapoli Spring"?
Mrs. Piimoku: Yes.

Mr. Hewitt: Do you know, Piimoku, that place where the cliff goes up straight on the Lahaina aide of Kapoli?
Mrs. Piimoku: Pali Ha`i.

Hewitt: Where does Pali Ha`i i begin as you go from the Cornwell house toward. Lahaina?
Mrs. Piimoku: It commences from Pohaku Puupuu, goes to Pali [page 487] Ha`i, and then to Waiku`i.

Mr. Hewitt: What is this Pohaku puupuu?
Mrs. Piimoku: Stones lumpy, here and there.
Mr. Hewitt: How big are those lumps of stones?
Mrs. Piimoku: Just like my fingers.

Mr. Hewitt: How big is the whole lump?
Mrs. Piimoku: this big rock between  those rocks, are the small ones, like marble.

Mr. Hewitt: Where is Pohaku puupuu in regard to the big Pali?
Mrs. Piimoku: right close.

Mr. Hewitt: How close is it to Pali Ha`i?
Mrs. Piimoku: About a space, there is a road, ally, leading between these rocks going to the beach.

Mr. Hewitt: Between Pali Ha`i and  Puupuu?
Mrs. Piimoku: Yes, there is a road for people to go to fishing.

Mr. Hewitt: On the beach?
Mrs. Piimoku: Yes.

Mr. Hewitt: How long has Pohaku puupuu been in that location?
Mrs. Piimoku: I am old now; has been there all that time.

Mr. Hewitt: Has it been there ever since you can remember?
Mrs. Piimoku: It has been there all the time until now.

Mr. Hewitt: You say that Pali Ha`i extends over to Waiku`i?
Mrs. Piimoku: Waiku`i is above Cornwell's house.

Mr. Hewitt: Which way?
Mrs. Piimoku: Waikapu side.

Mr. Hewitt: What is there?
Mrs. Piimoku: The water of Waiku`i.

Mr. Hewitt: You said awhile ago, that Pali Ha`i runs from Pohaku puupuu to Waiku`i?
Mrs. Piimoku: Yes.

Mr. Hewitt: In what direction are you going from Cornwell's house when you go from Pali Ha`i to Waiku`i?
Mrs. Piimoku: On the Ukumehame side, going this way.

Mr. Hewitt: So Waiku`i is on the Ukumehame side of the Cornwell beach house?
Mrs. Piimoku: That is what I think.

Mr.Hewitt: What is there at Waiku`i?
[page 488]
Mrs. Piimoku: There is a little well, where the people go and drink, Hawaiians use [used]  to go and drink.

Mr. Hewitt: Was there as much water there as Kapoli?
Mrs. Piimoku: No, Kapoli has more water.

Mr. Hewitt: Do you know of any other spring in that vicinity besides Waiku`i and Kapoli?
Mrs. Piimoku: Right above Kapoli, when they blasted rock for the road, they found water.

Mr. Hewitt: I mean in the olden days?

Mrs. Piimoku: No, no other but the two.

Mr. Hewitt: Has there been much change in, that coast in Pali Ha`i i since you were a child?
Mrs. Piimoku: No, just the same. When it is very high tide, hits on the rock and dirt goes off.

Mr. Hewitt: How much change has taken place in the Pali, how much has it gone back, since you were a child.
Mrs. Piimoku: I think it is only one foot.

Mr. Hewitt: That is all.

Mr. Merriam: No cross-examination.

Mr. Hewitt: That concludes contestants' case.
Commissioner: Contestants rest.

Recess.

Joseph Cockett called and sworn

Mr. Merriam: Your name is what?
Mr. Cockett: Joseph Cockett.

Mr. Merriam: Where do you reside?
Mr. Cockett: Waikapu.

Mr. Merriam: For how long have you resided there?
Mr. Cockett: My birthplace.

Mr. Merriam: Are you acquainted with Kamaka Kailianu?
Mr. Cockett: Yes air, I know him well.

Mr. Merriam: Did you go with Mr. Baldwin to see Mr. Kamaka Kailianu at Waikapu?
Mr. Cockett: Yes sir.

Mr. Merriam: Did Mr. Baldwin ask Kamaka Kailianu what he knew of the boundary line between the two lands of [page 489] Ukumehame and Waikapu at the beach makai of the Government road?
Mr. Cockett: I do not know.

Mr. Merriam: Did Mr. Baldwin ask Kamaka Kailianu what he knew of the boundary line between the two lands of Ukumehame and Waikapu?
Mr. Cockett: Yes.

Mr. Merriam: What did Kamaka Kailianu say?
Mr. Cockett: He says up the road on X, the boundary, and he stated that was flat stone marked X; that is I never know. Mr. Baldwin said he found it out.

Mr. Merriam: What did he say about his knowledge of the boundary line between Ukumehame and Waikapu?
Mr. Cockett: He stated he did not know.

Mr. Merriam: He didn't know anything about that section of the boundary line?
Mr. Cockett: He stated he did not know.

Mr. Hewitt: Did Mt. Baldwin ask Kailianu where Kapoli spring was?
Mr. Cockett: Yes.

Mr. Hewitt: He told Mr. Baldwin?
Mr. Cockett: Yes, and he said he knows the spring water.

Mr. Hewitt: What did Mr. Baldwin say when the conversation was finished?
Mr. Cockett: Nothing.

Mr. Hewitt: He did not say it was a hard case?
Mr. Cockett: He said he could not find out the regular kamaaina.

Mr. Hewitt: Did he make a remark "hard case"?
Mr. Cockett: I did not hear that.

Mr. Merriam: That closes our case.

Argument by counsel.
[page 490]
Commissioner: In the Matter of the Settlement of the Boundaries of Kapoino, on appeal from the Boundary Commissioner to our Supreme Court, (Volume 8, page 2), the Court says:

"Testimony of persons familiar with the boundaries of lands in this Kingdom is becoming more and more difficult to obtain as the old Hawaiians die off; and appeals from Boundary Com missioners present questions of fact difficult to settle."

Thirty eight (38) years later the undersigned, as Commissioner, is much impressed with the correctness of this statement.

The Commissioner accepted the opportunity of inspecting the several localities said to play a part in marking the boundary line between Waikapu and Ukumehame; among others the wind-ridden spot referred to in the testimony as "Ridge Point A", where even a metal weather-cock would be warranted in striking because of long hours. On “Ridge Point A" we found several piles of stone. Perhaps, more correctly speaking these should be referred to as having formerly been piles of stone; Down through the years, as Surveyors have had occasion to visit this ridge, each has made an 'honest guess' as to which pile of stones really represented the true ridge point in the Alexander survey.
From the evidence, oral and documentary, aided very much by a personal: view of the premises, the Commissioner feels quite satisfied, and finds, that the particular point on the ridge, as claimed by Petitioners, and as determined by M. Erdmann D. Baldwin, to be the true crown top point is approximately correct. It is on the ridge. It appears to be the highest point. It is a station from which other points, both above and below, are clearly visible.

[page 491]
Decision
Upon the evidence adduced; proceedings had, and information derived from a personal inspection of the several points involved, the Commissioner decides that the true, lawful and equitable boundaries of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, are as claimed by the Applicants, to-wit:

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 55' 16,300 feet from a granite post, marking the southeast corner of the Ahupuaa of Wailuku, and running by true azimuths:

1. 115° 55' 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the co-ordinates of said Pohakoi rock, referred to Luke Trig. Station, (of the U. S. Coast and Geodetic Survey), are 4438.90 feet south and 3092.05 feet west;
2. 106° 151 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge, to stone post, on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up on the top of this ridge, to a point on the main Iao Valley ridge. The direct azimuth and distance being 83° 30' 3480.0 feet;
5. Thence along Wailuku, along up the center of the ridge, following the watershed, to the top of the ridge, forming the head of Ukumehame Valley; the direct azimuth and distance being 67° 00' 12,460.0 feet.
6.  Thence along Ukumehame, along the top of the ridge, along Ukumehame Valley, to the top of the ridge, forming the southeast head of Ukumehame valley; the direct azimuth and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the top of the ridge following the water shed, to the Forest Reserve monument, on top of Puu Anu Hill, the direct azimuth and distance being 325° 50' 5095.0 feet; [page 492]
8. Thence along Ukumehame, along down the top of the ridge, along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3676.0 feet;
9.  hence along Ukumehame, along down the ridge along the south side of Pohakea Gulch, to a 1 1/4 inch galv. pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02+ 30" 6891.0 feet;
10.  258° 37' 30" 4216.8 feet, along Ukumehame, to a cross on large rock. The cross on large rock is located 85 feet mauka from the present Government Road, and bears from Puu Hole Trig. Station, by azimuth and distance 144° 15' 1238.2 feet;
11. 14° 45' 9563.4 feet, along Ukumehame, passing over three one inch pipes, set in concrete monuments, one at 8925.0 feet, located on the north side of the road to Lahaina, the second at 9308.2 feet, and the third at 9444.6 feet. The azimuth 14° 45', is used on this line, as established by S.M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
12. Thence down the pali to the Sea-coast, on azimuth 296° 20' 147.0 feet
13. Thence along the sea, to a point, about 75 feet south of the old Maalaea Wharf, said point being azimuth and distance 338° 27' 135.0 feet' from a one inch pipe in concrete monument, located on the mauka side of the Government Road, near the bend of said road. The direct azimuth and distance from end of course 12, being 226° 57' 1412.4 feet;
14. Thence along the sea, to the boundary of Pulehunui, - the direct azimuth and distance being 279° 21' 15,366.5 feet;
15. 180° 24' 3538.0 feet, along Pulehunui, to a stone marked thus [curving up arrow];
16. 170° 08' 9383.0 feet along Pulehunui191° 49' 4312.0 feet along Pulehunui, to a stone marked thus [curving up arrow], amongst a lot of stones;
17. 229° 45' 5147.0 feet along Pulehunui;
18. 228° 51' 1780.0 feet along Pulehunui to the point of beginning.
Containing an area of 15,690 Acres, (more or less).

D.H. Case, Commissioner of Boundaries, Second Judicial Circuit, Territory of Hawaii.
[page 493]

See Decision of Supreme Court in re Appeal of this case in 31 Haw. 31, 118, also this book for new certificate No. 230 on pages 529-532.

The Ahupuaa of Waikapu in the District of Wailuku, Island of Maui, Territory of Hawaii, Royal Patent (Grant) 3152, to Henry Cornwell

Before the Commissioner of Boundaries, Second Judicial Circuit,
Daniel H. Case, Esquire, Commissioner

In The Matter of The Boundaries of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii.

Certificate
As Commissioner of Boundaries for the Second Judicial Circuit, Territory of Hawaii, I hereby certify that the true lawful and equitable boundaries of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, are as follows

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 55' 16,300 feet from a granite post, marking the southeast corner of the Ahupuaa of Wailuku, and running by true azimuths:

[page 494]

1. 115° 55' 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the co-ordinates of said Pohakoi rock, referred to Luke Trig. Station, (of the U. S. Coast and Geodetic Survey), are 4438.90 feet south and 3092.05 feet west;
2. 106° 151 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge, to stone post, on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up on the top of this ridge, to a point on the main Iao Valley ridge. The direct azimuth and distance being 83° 30' 3480.0 feet;
5. Thence along Wailuku, along up the center of the ridge, following the watershed, to the top of the ridge, forming the head of Ukumehame Valley; the direct azimuth and distance being 67° 00' 12,460.0 feet.
6.  Thence along Ukumehame, along the top of the ridge, along Ukumehame Valley, to the top of the ridge, forming the southeast head of Ukumehame valley; the direct azimuth and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the top of the ridge following the water shed, to the Forest Reserve monument, on top of Puu Anu Hill, the direct azimuth and distance being 325° 50' 5095.0 feet; [page 492]
8. Thence along Ukumehame, along down the top of the ridge, along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3676.0 feet;
9.  hence along Ukumehame, along down the ridge along the south side of Pohakea Gulch, to a 1 1/4 inch gale. pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02+ 30" 6891.0 feet;
10.  258° 37' 30" 4216.8 feet, along Ukumehame, to a cross on large rock. The cross on large rock is located 85 feet mauka from the present Government Road, and bears from Puu Hole Trig. Station, by azimuth and distance 144° 15' 1238.2 feet; [page 495]
11. 14° 45' 9563.4 feet, along Ukumehame, passing over three one inch pipes, set in concrete monuments, one at 8925.0 feet, located on the north side of the road to Lahaina, the second at 9308.2 feet, and the third at 9444.6 feet. The azimuth 14° 45', is used on this line, as established by S.M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
12. Thence down the pali to the Sea-coast, on azimuth 296° 20' 147.0 feet
13. Thence along the sea, to a point, about 75 feet south of the old Maalaea Wharf, said point being azimuth and distance 338° 27' 135.0 feet' from a one inch pipe in concrete monument, located on the mauka side of the Government Road, near the bend of said road. The direct azimuth and distance from end of course 12, being 226° 57' 1412.4 feet;
14. Thence along the sea, to the boundary of Pulehunui, - the direct azimuth and distance being 279° 21' 15,366.5 feet;
15. 180° 24' 3538.0 feet, along Pulehunui, to a stone marked thus [curving up arrow];
16. 170° 08' 9383.0 feet along Pulehunui191° 49' 4312.0 feet along Pulehunui, to a stone marked thus [curving up arrow], amongst a lot of stones;
17. 229° 45' 5147.0 feet along Pulehunui;
18. 228° 51' 1780.0 feet along Pulehunui to the point of beginning.
Containing an area of 15,690 Acres, (more or less).

In Witness whereof, I have hereunto set my hand this 30th day of December 1927.
D.H. Case, Commissioner of Boundaries, Second Judicial Circuit, Territory of Hawaii.


Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, Maui, Volume 3, No. 2, pps. 529-532

[Margin note:] See this book page 493 for first Certificate No. 230 and Decision of Supreme Court on appeal by Territory in 31 Haw. 43, 118.

Before the Commissioner of Boundaries in and for the Second Judicial Circuit, Territory of Hawaii.

In the Matter of the Application of the Wailuku Sugar Company, and the Hawaiian Commercial & Sugar Company, for a Certificate of Boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui.

Commissioner: Daniel H. Case

Certificate of Boundaries No. 230 Certificate Boundaries in Conformity with the Decision of the Supreme Court of the Territory of Hawaii

In the above entitled proceeding for the settlement and a certificate of boundaries for the Ahupuaa of Waikapu, located in the District of Waikapu, Island of Maui, Territory of Hawaii, pursuant to the Decision of the Supreme Court made and entered in said cause on an appeal heretofore taken from the Decision of the Commissioner of Boundaries, Second Judicial Circuit, said Commissioner, in conformity with the Decree of the Supreme Court, finds the boundaries of said Waikapu to be as follows

[page 530]
That the true, lawful and equitable boundaries of the Ahupuaa of Waikapu, in the District of Waikapu, Island of Maui Territory of Hawaii, are as follows:

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being, by azimuth and distance, 115° 55' 16,300 feet from a granite post, marking the south-east corner of the Ahupuaa of Wailuku, and running by true azimuths:

1. 115° 55' 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the coordinates of which said Pohakoi rock, referred to Luke Trig. Station (of the U. S. Coast and Geodetic Survey), are 4438.80 feet South and 3092.05 feet west;
2. 106° 15' 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge to stone post, on the crest of ridge, known as Kalapaokailio
4. Thence along Wailuku, along the top of this ridge, to a point on the main Iao Valley Ridge, the direct azimuth and distance being 83° 30' 3480.0 feet;
5.  Thence along Wailuku, along the center of the ridge, following the watershed, to the top of the ridge forming the head of Ukumehame Valley; the direct azimuth and-distance being 67° 00' 12,460.0 feet;
6. Thence along Ukumehame, along the top of the ridge along Ukumehame Valley, to the top of the ridge forming the south-east head of Ukumehame Valley; the direct and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the crest of the ridge following the watershed, to the Forest Reserve monument, on top of Puu Anu Hill, the direct azimuth and distance being 325° 50' 5085.0 feet;
[page 531]
8. Thence along Ukumehame, along down the crest of the ridge, along the south side of Pohakea Gulch, to a 1-1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3676.0 feet;
9.  Thence along Ukumehame, along down the ridge along the south side of Pohakea Gulch, to a 1-1/4 inch gale. pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02' 30" 6891.0 feet;
10. 258° 3' 30" 4216.8 feet, along Ukumehame, to a cross on large rock. the cross on large rock is located 85 feet mauka from the present Government Road, and bears from Puu Hele Trig. Station, by azimuth and distance 144° 15' 1238.2 feet;
11. 14° 30' 9085.0 feet along the East boundary of the land of Ukumehame to high water mark at the seashore, being the point where a direct course from the cross on large rock mentioned in the preceding course, to Kapoli Spring, intersects the seashore at high water mark, and being also the southwest corner of the land of Waikapu;    the direct azimuth and distance from said point at the seashore (marking said southwest corner of the land of Waikapu) to an iron bolt at Kapoli spring, being 14° 30' 134.0 feet; said line from said point at the seashore to Kapoli Spring crossing and subtending below high water mark, a small indent or bay of the sea;
12. Thence along the sea to a point on the sea shore at high water mark about 75 feet south of the old Maalaea Wharf, said point being by direct azimuth and distance 338° 27' 135.0 feet from a 1 inch pipe in a concrete monument situate on the mauka side of the government road, near the bend of said road; and the direct azimuth and distance from the end of Course 11 to the said point on the seashore, about 75 feet south of the old Maalaea Wharf, being 246° 02' 1098.4 feet;
13. Thence along the sea to the boundary of Pulehunui, the direct azimuth and distance being 269° 21; 15,366.5 feet;
[page 532]
14. 180° 24' 3838.0 feet along Pulehunui, to a stone marked thus [curving up arrow];
15. 170° 08' 9383.0 feet along Pulehunui;
16. 191° 49' 4312.0 feet along Pulehunui, to a stone marked thus [up arrow to right], amongst a lot of stones;
17. 229° 45' 6147.0 feet along Pulehunui;
18. 228° 51' 1780.0 feet along Pulehunui to the point of beginning:
Containing an area of 15,684 Acres.

For earlier proceedings had in this matter refer to pages 491-494 of this Volume.
Dated at Wailuku, Maui, Territory of Hawaii, this 22nd day of March 1935.
D.H. Case, Commissioner of Boundaries, Second Judicial Circuit Territory of Hawaii.

[No. 230, Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, 15684 Acres, 1935]
Certification: 230
Ahupua`a: Waikapu
District: Wailuku
Island: Maui
Ownership: Wailuku Sugar Co. et al.
Misc:
Year: 1935
Statistics: 262169 characters 42491 words
Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, Maui, Volume 3, No. 1, pps. 87-97

Before the Commissioner of Boundaries in and for the Second Judicial Circuit, Territory of Hawaii.

In the Matter of the Application of the Wailuku Sugar Company, and the Hawaiian Commercial & Sugar Company, for a Certificate of Boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui, Territory of Hawaii

Commissioner: Daniel H. Case.

Under date of June 30th, 1925, the Wailuku Sugar Company, an Hawaiian Corporation, and the Hawaiian Commercial and Sugar Company, a California Corporation, filed their Petition alleging that they are the owners of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, and applied, on behalf of said Wailuku Sugar Company and Hawaiian Commercial and Sugar Company, for a decision and certificate of boundaries of said Ahupuaa of Waikapu, according to the provisions of Chapter 42 of the Revised Laws of Hawaii, 1925.

Applicants further allege that the Ahupuaa of Waikapu, in the District of Wailuku aforesaid, was awarded, by name only, "to Henry Cornwell by Royal Patent (Grant) 3152.”

[page 88]
Also alleging that the following in a description by true azimuths of the outside boundaries of said Ahupuaa of Waikapu; that the said Ahupuaa of Waikapu is joined on all sides, with the exception of one side, by lands owned by the said Petitioners, the Wailuku Sugar Company and Hawaiian Commercial and Sugar Company.

That the only land joining same, owned by others, is the Ahupuaa of Ukumehame, joining on the west side, and owned by the Territory of Hawaii.

That no inquiry or determination as to the boundaries of kuleanas, etc., located within, or partly within this Ahupuaa of Waikapu, is sought by this petition.

A map was also attached to and submitted with the application, showing the location, natural topographical features, prominent and other marks along boundary lines, and more particularly described as follows:

Description of the Ahupuaa of Waikapu, Located On The Island Of Maui

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 551 16,300 feet from a granite post marking the southeast corner of the Ahupuaa of Wailuku, and running by true azimuths:

1. 115° 55' 19,730.0 feet, along Wailuku to Pohakoi, marked rock, the coordinates of said Pohakoi rock, referred to Luke Trig. Station, (of the U. S. Coast and Geodetic Survey) are 4438.90 feet south and 3092.05 feet west;
2. 106° 15' 5,326.2 feet, Along Wailuku, up ridge;

[page 89]
3. 97° 30' 1,108.6 feet &long Wailuku, up ridge, to stone post on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up the center of the ridge, following the watershed, to the top of the ridge, forming the head of Ukumehame Valley;
5. Thence along Ukumehame, along the top of the ridge, along Ukumehame Valley to the top of the ridge, forming the southwest head of Waikapu Valley, and along the top of this ridge along Ukumehame Valley to the top of the ridge, forming the southeast head of Ukumehame Valley;
6. Thence along Ukumehame, along the top of the ridge forming the east side of Manaiwainui Valley, to a point on this ridge;
7. 314° 32' 3,570.0 feet, along Ukumehame;
8. 276° 51' 6,540.0 feet along Ukumehame;
9. 259° 40' 3,967.0 feet along Ukumehame, to a cross on large rock. The cross on large rock is located 85 feet mauka from the Present Government Road, and bears from Puu Hele Trig. Station by azimuth and distance 144° 15' 1238.2 feet;
10. 14° 45' 9,563.4 feet, along Ukumehame, Passing over three one inch pipes, set in concrete monuments, one at 8925.0 feet, located on the north side of the road to Lahaina, the second at 9308.2 feet, and the third at 9444.6 feet.

The azimuth 14° 45' is used on this line, as established by S. M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
11. Thence down to the sea and along the sea to the boundary of Pulehunui;
12. 180° 24' 3,538.0 feet, along Pulehunui, to a stone marked thus [right arrow curving up];
13. 17° 08' 9,383.0 feet. along Pulehunui;
14. 191° 49, 4,312.0 feet, along Pulehunui, to a stone marked thus [right arrow curving up], amongst a lot of stones;
15. 229° 45: 5,147.0 feet, along Pulehunui;
16. 228° 51' 1,780.0 feet, along Pulehunui, to the point of beginning.
Containing an area of 15,374 acres, more or less)

[page 90]
Under date of February 4th, 1926, the Applicants filed an amended petition alleging that they are the owners of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, and applied, on behalf of said Wailuku Sugar Company and Hawaiian Commercial and Sugar Company, for a decision and certificate of boundaries of said Ahupuaa of Waikapu, according to the provisions of Chapter 42 of the Revised Laws of Hawaii, 1925.

In this amended petition the applicants state that the Ahupuaa of Waikapu, in the District of Wailuku aforesaid, was awarded, by name only, to Henry Cornwell, by Royal Patent (Grant) 3152.

The applicants, in their amended petition, stating that the following is the description by true azimuths, of the outside boundaries of said Ahupuaa of Waikapu; and that the said Ahupuaa of Waikapu is joined on all sides, with the exception of one side, by lands owned by said petitioners   the Wailuku Sugar Company and Hawaiian Commercial and Sugar Company;

That the only land adjoining same, owned by others, is the Ahupuaa of Ukumehame joining on the west sides and owned by the Territory of Hawaii.

That no inquiry or determination as to the boundaries of kuleanas, etc., located within or partly within the Ahupuaa of Waikapu, is sought by this petition,

[page 91]
An amended map was attached to and submitted with this amended Petition. Showing the location, natural topographical features, prominent and other marks along the boundary lines, and more particularly described as follows:

Amended Description of the Ahupuaa of Waikapu, Located in the District of Wailuku, Island of Maui.

Beginning at the northeast corner of this land at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 551 16,300 feet from a granite Posts marked the southeast corner of the Ahupuaa of Wailuku. and running by true azimuths:

1. 115° 55, 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the coordinates of said Pohakoi rock, referred to Luke Trig. Station (of the U. S. Coast and Geodetic Survey), are 4438.90 feet South and 3092.05 feet West;
2. 106° 15' 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge, to stone post, on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up on the top of this ridge, to a point on the main Iao Valley ridges, The direct azimuth and distance being 83° 30' 3,480.0 feet;
5. Thence along Wailuku, along up the center of the ridges following the watershed, to the top of the ridge, forming the head of Ukumehame Valley; the direct azimuth and distance being 67° 00' 12,460.0 feet;
6, Thence along Ukumehame, along the top of the ridges along Ukumehame Valley, to the top of the ridge, forming the Southeast head of Ukumehame Valley; the direct azimuth and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the top of the ridge [page 92] following the water shed, to the Forest Reserve monument, on top of Puu anu hill, the direct azimuth and distance being 326° 50' 0.095.0 feet;
8. Thence along Ukumehame, along down the top of the ridge, along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3,676.0 feet;
9. Thence along Ukumeheme, along down the ridge along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02' 30” 6,891.0 feet;
10. 258° 37' 30" 4,216.8 feet, along Ukumehame, to a cross on large rock. The cross on large rock, is located 85 feet mauka from the present Government Road, and bears from Puu Hele Trig. Station, by azimuth and distance 144° 15' 1,238.2 feet;
11. 14° 45' 9,563.4 feet, along Ukumehame, passing over three one inch pipes, set in concrete monuments, one at 8,925.0 feet, located on the north side of the road to Lahaina, the second at 9,308.2 feet, and the third at 9,444.6 feet; The azimuth 14° 45' is used on this line, as established by S. M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
12. Thence down the Pali to the sea coast, on azimuth 296° 20' 147.0 feet;
13. Thence along the sea, to a point, about 75 feet south of the old Maalaea Wharf, said point being azimuth and distance 338° 27' 135.0 feet, from a one inch pipe in concrete monument, located on the mauka side of the Government Road, near the bond of said road; the direct at azimuth and distance from end of course 12, being 226° 57; 1412.4 feet;
14. Thence along the sea, to the boundary of Pulehunui, the direct azimuth and distance being 279° 21' 15,368.5 feet;
[page 93]
15. 180° 24' 3,538.0 feet. along Pulehunui, to a stone marked thus [right arrow curving up]
16. 170° 08' 9,383.0 feet along Pulehunui;
17. 191° 49' 4,312.0 1 feet along Pulehunui, to a stone marked thus [right arrow curving up] , amongst a lot of stones;
18. 229° 45' 5,147.0 feet along Pulehunui;
19. 228° 51' 1,780.0 feet along Pulehunui to the point of beginning.
Containing an area of 15,690 Acres, (more or less).

Hearing on the above application was set, before the undersigned, as Commissioner of Boundaries for the Second Judicial Circuit, at Wailuku, Maui, Territory of Hawaii, on Tuesday, the 7th day of September, 1926, at 10:00 o'clock a.m., of said day.

Notices of hearing, specifying the time and place thereof, were published as follows:

In the 'Maui News', a newspaper published in the English language, In Wailuku, Maui, Territory of Hawaii, publication of said notice in said paper being under dates of August 18th 1926, August 25th, 1926, and September 1st, 1926; and

In the 'Nupepa Kuakoa', a weekly newspaper published in the Hawaiian Language, in Honolulu, City and County of Honolulu, Territory of Hawaii, publications of said notice in said paper being under dates of August 19th, 1926, August 26th, 1926, and September 2nd, 1926.

[page 94]
Written or printed notices of said hearing, specifying the time and place thereof, and signed by the Commissioner, were sent, by registered mail, long before the date set for hearing said application, to the Petitioners, (Wailuku Sugar Company and the Hawaiian Commercial and Sugar Company), and Mr. Charles T. Bailey, Commissioner of Public Lands, Honolulu, Territory of Hawaii.

(Note by Commissioner: In re settlement and certificate of boundaries for a portion of the Ahupuaa of Waiehu; in re settlement and certificate of boundaries of the Ili of Kalua; and in re settlement and certificate of boundaries of Waikapu; these applications were present to the Commissioner on the same day.)

Present: Daniel H. Case, Commissioner of Boundaries; H. B. Penhallow, Manager, Wailuku Sugar Company Wailuku, Maui; E. D. Baldwin, Surveyor, Wailuku. Maui; J. H. Foss, Civil Engineer, Hamakuapoko, Maui; A. Garcia, Sub Agent, 4th Land District, Wailuku, Maui; Mrs. Sarah Kahalehu [Kahaleku]; Huakini Enos; and John V. Cockett, as Hawaii an Interpreter; Mrs. Edith L. Sinclair acted as stenographer for the Commissioner of Boundaries.

At the time and place set for hearing said application on its merits, to wit, Tuesday, September 7th 1926, at 10:00 o'clock a.m., in the Circuit Court Room of the Circuit Court of the Second Judicial Circuit, Wailuku, Maui, Territory of Hawaii, the following proceedings were had:

[page 95]
Commissioner: There is no one to call other than the applicant, is there?
Mr. Penhallow: Not unless there is come one to object.

Mr. Garcia: The Territory wants to enter an objection, and asks for a continuance for thirty (30) days.

The Commissioner: Have you any objection?
Mr. Penhallow: Thirty days is satisfactory.

Commissioner: Is the Hawaiian Commercial and Sugar Company represented?
Mr. Foss: They have no objection to a continuance.

Commissioner: On behalf of the Territory, Mr. Garcia, what is your authority?
Mr. Garcia: A letter from the Commissioner of Public Lands, and I am Sub land Agent.

Commissioner: Would you submit a copy of the letter – or the letter?
Mr. Garcia: Very well.

(The following is a copy of the letter referred to.)
Honolulu, T. H. September 4, 1926. Mr. Antonino Garcia, Sub Agent, 4th Land District, Wailuku, Maui.

Dear Sir: The Wailuku Sugar Company has made application to the Boundary Commissioner of Maui, Judge D. H. Case, for settlement of boundaries of the following lands:

(1) Ili of Kalua in the Ahupuaa of Wailuku,
(2) Portion of the Ahupuaa of Ahikuli and Pohakunui and Ili of Kuunahawelu, a lele of the ili of Ahikuli,
(3) Ahupuaa of Waikapu.

The descriptions submitted to the boundary commissioner by the applicant purporting to be the true boundaries of the lands named above, have been checked by the Survey office, and have been found correct with the exception of that of the Ahupuaa of Waikapu, the last named above.

[page 96]
The hearing by the Boundary Commissioner will be held at 10:00 o'clock a.m., Tuesday, September 6th, in Judge Case's Court Room, in Wailuku, and we ask that you appear at this hearing, and on behalf of the Government, to agree to the boundaries as submitted, of the lands named in the first two items above, but as to the boundaries of the third item, Ahupuaa of Waikapu, you will please enter an objection, and ask the Boundary Commissioner that an extension of thirty days be entered in this case. This extension is required to permit the Government to complete the title study that is being made in this case.

Mr. Merriam, of C. Brewer and Company, informs us that he is writing Mr. Penhallow, who will be at the hearing, representing the Wailuku Sugar Company, that this request is to be made by you on the part of the Territory, and that he will enter no objection to the request.

Please be sure to be at this hearing, and carry out the instructions herein contained.
Very truly yours, Office of the Commissioner of Pub. Lands,
by (Signed) A. A. Dunn, Chief Clerk, Sub Agent 5th Land District.”

Commissioner: The request of the Territory may be entered   the applicants not opposing the request   and the application of the Wailuku Sugar Company and the Hawaiian Commercial and Sugar Company for a certificate of boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui, Territory of Hawaii, will be continued until Tuesday, October 12th, 1926, at 10:00 a.m., in these Chambers.

October 11th, 1926.

On October 11th, 1926. Mr. A. Garcia, Sub Agent, 4th Land District of Wailuku, Maui, appeared and asked for a continuance of the above matter on behalf Of the Territory, and presented the following letter:

"Mr. A. Garcia, Sub Agent, 4th Land District, Wailuku, Maui.
Dear Sir: You will recall that the hearing before the Boundary Commissioner in the matter of the boundaries of the Ahupuaa of Waikapu was postponed to October 12th, 1926. it appears advisable to ask for a further continuance of this hearing in order to secure additional data, and [page 97] you will please appear before the Boundary Commissioner on the above date and ask for a continuance to November 30, 1926.

We have discussed the matter with Mr. Merriam, of Brewer & Co., who is agreeable to this continuance and I believe has written Mr. Penhallow to appear and agree to continuance to above date.

I suggest that you get in touch with Mr. Penhallow before October 12th, 80 that there will be no misunderstanding in the matter.
Very truly yours, (Signed)
C.T. Bailey, Commissioner of Public Lands.”

There being no objection to the continuance the hearing was continued to November 30th, 1926.

November 27th, 1926.

On November 27th, 1926, Mr. A. Garcia, Sub Agent, 4th Land District, of Wailuku, Maui, appeared before the Commissioner of Boundaries, and asked for a continuance of the above matter on behalf of the Territory, and presented the following letter:

“Honolulu, November 26th, 1926. Mr. A. Garcia, Sub Agent, 4th Land District, Wailuku, Maui. Dear Sir:
The hearing before the Boundary Commissioner in the matter of the Boundaries in the Ahupuaa of Waikapu is set for Monday, November 30th.

The Deputy Attorney General, who was to appear for the Territory at this hearing is ill, and you will please appear before the Boundary Commissioner on the date set for hearing and ask for a continuance to January 11th 1927.
Very truly yours,
(Signed)  C.T. Bailey. Commissioner of Public Land.”

There being no objection to the continuance the hearing was continued to January 11th, 1927, (Tuesday.)
(This case continued on page 358 of Boundary Commissioner's Record.)


Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, Maui, Volume 3, No. 2, pps. 358-495

Note this case continued from page 97 of Boundary Commissioner's Record.

Before the Commissioner of Boundaries in and for the Second Judicial Circuit, Territory of Hawaii

In the Matter of the Application of the Wailuku Sugar Company, and the Hawaiian Commercial & Sugar Company for a Certificate of Boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui.

Commissioner: Daniel H. Case.

Continued from Page ninety (97) seven. Hearing on above was set for January 11th, 1927; and from that date was continued without day; later was set for February 15th, 1927; continued to April 19th, 1927; continued from the latter date to June 21st, 1927, and then again to July 8th, 1927.

On Friday, the 8th day of July 1927, the Commissioner proceeded with the hearing, (upon. its merits), of the application for the Settlement and Certification of the Boundaries of the Ahupuaa of Waikapu. At this time the following persons were present: Daniel H. Case, Commissioner; H. B. Penhallow, Manager, of Wailuku Sugar Company; J. H. Foss, Surveyor, representing the Hawaiian Commercial and Sugar Company; Chas. H. Merriam, representing the Wailuku Sugar Company and Hawaiian Commercial and Sugar Company at this hearing; Harry R. Hewitt, Deputy [page 359] Attorney General, for the Territory of Hawaii; Herbert E. Newton, Chief Assistant Surveyor, of the Territorial Survey Department; Francis Kanahele, with the Territorial Survey Department; Erdmann D. Baldwin, Surveyor; Mrs. Edith L. Sinclair, Stenographer, and John Ferreira, as Hawaiian Interpreter.

Later in the hearing - portion of July 11th, 1927, and all of July 12th, 1927, (pages 438 to 489, both inclusive, of Boundary Commissioners Record), Mrs. Iwa Betts acted as Stenographer.
Proceedings were then had, the oral testimony of witnesses taken, and numerous exhibits offered in evidence by the Applicants, and the Territory of Hawaii, contestant, as follows:

[page 360]
Mr. Merriam: The first statement that we would like to make, which I take it the Representative of the Government will agree to, is that the land in question is owned in part by the Hawaiian Commercial and Sugar Company and Wailuku Sugar Company. We have here the exchange deed, which covers the land in question, and which I can file if you wish.

The Commissioner: If it is admitted it is all sufficient.
Mr. Hewitt: We raise no question as to title.

Mr. Merriam: We would then state that we are prepared to prove that the Applicants are in possession of all of the land that this application covers; the map here is part of the application - as called for by law; we now state we would like to use the blue print of this tracing for the purpose of this hearing.

Commissioner: Any objection, Mr. Hewitt?    .
Mr. Hewitt: No objection.

Commissioner: The Territory raises no objection to the blue print being used.
Mr. Merriam:    Perhaps it would clarify matters if a general statement was made as to the manner in which it comes up. first the land - called the Ahupuaa of Waikapu - was claimed by the government in the early days, although this land was not listed as government land in the great division made by Kamehameha III by Act of June 7th, 1848, it was not classed as government land, it is in the category of unassigned land, which is always claimed by the Government. The Ahupuaa of Waikapu was, in early days, according to records, an unassigned government land; then, under date of November 18th, 1875, Royal Grant No. 3152 was issued by the Government to Henry Cornwell; this Grant carries for a description of the land a reference to the name of the land only, there are no metes and bounds showing just where the land [page 362] is; in other words, the proof of where this land is would rest with kamaaina evidence, if there had been no boundary certificates issued on the adjoining lands. There have, however, been boundary certificates issued on all the adjoining lands, except the Lahaina border by the ocean, which is a natural monument and possible of reproduction at any time. This land came down by various ways, but no accurate survey has been made prior to our application for the settlement of the boundaries. As stated before - all the boundary lines of the adjoining lands have heretofore been settled by boundary certificates issued.

Commissioner: Where is this land on the map?
Mr. Merriam: This is representing the land - this is on the North, the land of Wailuku - portion of the land of Waikapu and of Wailuku. On March 2nd, 1871, there was issued Maui Boundary Certificate No. 1, thereby determining the boundary line from the point at the corner of the land Pulehunui to the land of Ukumehame - that settled that boundary line permanently and for ever. Second - The land bounding Waikapu on the East Pulehunui was settled by certificate issued May 3rd, 1879, being Maui No. 47, thereby settling that down to the ocean side for all time. Third - The land bounding Waikapu, partly on the South and partly on the West, being the land of Ukumehame, was settled by Boundary Certificate No. 68, issued April 11th, 1883. That leaves in an unsettled condition the line or extreme southerly boundary of the land of Waikapu only. The sea coast [...]

Commissioner: What sea coast?
Mr. Merriam: Down Maalaea Bay to a point way over. Perhaps Mr. Foss will point it out.

Mr. Baldwin: This side of Kihei Landing some where coming down to over here.

Commissioner: Roughly speaking from Kihei to Maalaea Bay?
Mr. Foss: Yes.
[page 362]
Mr. Merriam:    We contend that that boundary line has not been settled by a certificate - except that it was a settlement by name. This line here carries to the ocean and that means to the high tide mark.

Mr. Hewitt: Mr. Merriam, I think you might explain a little more fully what it is that is in dispute.
Mr. Merriam: I am coming to that. I am getting fundamentals first.
Mr. Hewitt: Oh, pardon me.

Mr. Merriam: Now, the problem that the surveyor for the applicants had before him was that all the bounding lands, which means all the lines of those lands - except the ocean side line - had theretofore been settled by boundary certificates, and it was considered that he had an apparently simple problem before him to reproduce those where they touched Waikapu. However, Section 558 of the Revised Laws of Hawaii, 1925, says that "A boundary commissioner shall in no case alter any boundary described by survey in any patent or deed from the king or government, or in any land commission award." All of these three adjoining lands have been issued boundary certificates on which patents have also been issued, that, therefore, places the condition on the surveyor that he reproduce those lines in the various boundary certificates that have heretofore been issued and stand on those for his lines of the land of Waikapu.    We then come to a point where the re-establishment of these lines only affect the applicants themselves, that is, of this line of the land of Wailuku - a land owned by Wailuku Sugar Company. There is no objection on the part of the owner of Wailuku to this line - that seems to eliminate trouble on that line, or boundary, along the other boundary. On the East is the land of Pulehunui - land owned by Hawaiian Commercial and [page 363] Sugar Company - and they, in turn, were in satisfactory accord with the line made by our Mr. Baldwin. The coast line is there and can be reproduced by any one without any question, and the manner of handling that was to take his point from the boundary line and come across here to a well known point and take his bearing and distance, and, in general, that represents the method in which that was handled. Then coming to the last, land of Ukumehame - we have there a condition, a similarity in so far as concerns the issuance of the certificate, the ownership of which is in the government, and there is where the difficulty arises that necessitates a hearing and production of evidence for there is a contest, or disagreement, with respect to the line of Ukumehame from the last point of Alexander's survey which started at the land of Olowalu - all of those courses way over from Olowalu to the last point are said to run along the ocean side. He then comes to a point marked on a large boulder, this point is admitted, not only by the applicants, but by the contestants, to be readily seen and reproduced. This is the first line, or, perhaps better be said, a double line - two lines are drawn - to which objection is raised; objection is also raised to the next line running from the established rock point to a ridge point on the hillside. So far as I am aware no other lines than these three are contested, although you may wish to go further up in the hills - possibly four points - four lines.

Commissioner: I thought you spoke of two - and you say 'these three.'
Mr. Merriam: There is a small distance here - 147 feet - from the ocean side to a point, and then from that point to a rock and then on up the hill. The survey of the land of Ukumehame which is the boundary of a land that we contend we must adhere to because it was previously surveyed by James M. Alexander in 1874, and a boundary certificate issued April 11th, 1883, nine years afterwards. I think the government will admit that Mr. Alexander [page 364] in making his survey, which, I would remind you, started on the ocean side at the Olowalu end and came along the ocean to a point along Maalaea Bay section, ran his courses on traverses hitting a bluff point and not going directly to the ocean side, which was a common practice then, and even now, to some extent, of surveyors, it being considered perfectly proper to do so. Is that admitted?

Mr. Hewitt: Yes.
Mr. Merriam: That is what we have assumed in all of our study of the preliminaries so that the survey, as made by Mr. Baldwin, could fit the established lines of a land which in 1883 had its boundaries perfected. Mr. Alexander, in addition to running his survey in what might be termed to be an Olowalu-Maalaea Bay direction, for that is the direction he came in, gave at each point what surveyors call a reverse bearing so that its bearings, while not altogether in agreement on each line, show that he tried to check back on his work so that the line could be run either one way or the reverse way. In other words, it is practically a double description for the courses. Now, our contention is, primarily, we hope to support it by evidence, that Mr. Alexander in his survey of the land of Ukumehame took these bluff points to the line itself which is said to run along the ocean side - perhaps if I use the exact words it would be clearer. I will now read course 20 to and including 24. (Reads at length) Now, I will point out to you that the lines first read - courses 20 and 21 - come along the ocean side and yet have a bluff point for the bearing until they get to the last point before they run inland away from the ocean, and that inland point is a point that is marked by a [sic] X on a rock. In other words, we have a point on a rock which can readily be established, and have another natural monument which also ought to be re-established by a reverse bearing from a rock - a point we can easily go to - and it is well recognized, when there is a doubt about a point that can be re-established without doubt, a surveyor will go to that point to try and run [page 365] the survey from a known fixed point, and that is what we have tried to do. The second line that is in controversy is course 24 which starts at the same fixed point that we can go to - the X on the rock; that line also goes from a natural monument to what is another fixed monument - the ridge point plainly observable today, and that line we have tried, through Mr. Baldwin's survey, to reproduce taking our point from the definite fixed point on the rock which no one can question; furthermore, this point on the hillside here must be a point that the next line of Mr. Alexander's survey can be viewed from, and we have reached such a point. Now, in support of what has been said by way of a preliminary statement, if you have no objection, I will call Mr. Baldwin for certain information.

Commissioner: Would you like to make a statement, Mr. Hewitt?
Mr. Hewitt: No.

Commissioner: Could you point out just where each of you claim the land to be?
Mr. Merriam: It is difficult because we don't know what the government is going to claim - we have just a general idea. I might propose that Mr. Newton help give you a rough outline. (All examine map)

Mr. Hewitt: I wonder, Mr. Merriam, if, right at this point, it would not be well to adjourn to the spot in question and look it over - the Commissioner, myself and yourself. In view of the evidence that will come up it will be much easier for the Commissioner if he has seen the evidence on the ground.

Mr. Merriam: It might be well except that we, as Applicants, should state our case before we go to the ground.
Commissioner: It would be helpful to me to have it just before me.

Mr. Hewitt: Would you prefer to bring out some other matters first from Mr. Baldwin?
Mr. Merriam: I don't think it is important - we can call him after. (recess)
[page 366]
(1:33 p.m. - reconvened)

Commissioner: You may proceed.
Mr. Merriam: Now that we have seen the location of the premises it seems to be in order to ascertain from the surveyor, on behalf of the applicants, how he arrived at his 'lay out' of the land.

Direct Examination of E.D. Baldwin (E. D. Baldwin is sworn by Commissioner)

Mr. Merriam: Mr. Baldwin, you are a Civil Engineer and Surveyor by profession?
Answer: Yes, I have a license.

Question: You have been employed, at various times, by the Wailuku Sugar Company to do their work over the lands?
Answer: Yes.

Question: You surveyed the Ahupuaa of Waikapu for and on behalf of the Applicants - Wailuku Sugar Company and Hawaiian Commercial and Sugar Company?
Answer: Yes. I did.
Question: Have you made a careful study of the boundary certificates of the adjoining lines of the land of Waikapu in an effort to determine what the proper boundary lines of Waikapu really
are?
Answer: Yes. I have.
Question: Do you consider that it is your duty, as a surveyor, to confine your description of the land of Waikapu to the same lines as the adjoining lines given in the certificates of boundaries?
Answer: Yes.

Question: That is what you endeavored to do?
Answer: Yes.

Question: Have you made any effort to gain evidence from kamaaina sources regarding the boundaries of the lands?
[page 367]
Answer: No. They were definitely stated in the certificate of boundaries, that is, Ukumehame, determining that.

Question: Will you state - in a general way - how you arrived at the 'lay out' of this land of Waikapu as you have, making such reference as you wish to the plan, where did you start and how did you go about it?

Answer: I took my description - it starts at a point Kaopala given on the map, it is a point given by Mr. M. D. Monsarrat in his survey of both Pulehunui and the boundary of Wailuku, and this point referred to a monument - to a concrete monument. I simply took his bearing of Wailuku, that is, of the Spreckles Grant, running that up as far as the monument he has on the ridge above, and from that point [...]

Commissioner: Indicate it on the map.
Mr. Baldwin: Kaopala is here, and this is a straight line to Pohakoi, and from Pohakoi up to this stone post - as Monsarrat calls it - up on the mountain ridge there; further Monsarrat simply says along the ridge to high tide; and then this is a definite point at the south east corner of Ukumehame, and from there the boundary along Ukumehame to a well known hill; we have a forest monument here called Puu Anu, and from there it runs along the ridge to another large hill - a well known point - and from there along down the ridge to this ridge point that we were looking at with the two flags on, it, and from there down to the rock and from there to the monument.
That is just giving the general way it was taken. These points above are undisputed and this hill is well known as an old boundary point. I might state that the first work I did there was before 1923 - Wailuku Sugar Company wished to know whether they should renew this government lease and [...]

Commissioner: Mr. Baldwin, for my information, where is the point where those two flags were?
Answer: Right there.
[page 368]
Question: And where is the stone with a X?
Answer: Right there.

Mr. Hewitt: May I mark that a, b, c? The two flags 'A'; ‘B' marks the rock which we viewed this morning.
Mr. Baldwin: I was going to state how I got that line. They wished me to ascertain where their railway went and the nature of the land, so I went down there and made a study of the lease.
I also sighted - I didn't set up any flags - I noticed that the hill that Kanakanui had was practically Alexander's angle, so I took his line. So the next work I did was when Wailuku Sugar Company and Hawaiian Commercial & Sugar Company met there; I again went into that line and I accepted Kanakanui's line. In this latter survey as they went up I sighted a pipe on the high point of the hill, and when I went up on the hill I studied it, and there was something like this prominent pile of rock there, and at the point I took there was indication of a pile of rock which a surveyor could have had, but wind blew it down; but there were other prominent piles and I considered I was not a good enough guesser to say which he used; I studied the hill very carefully and took the highest point. It is an immense big hill, I have known it since a boy, and that was on eight, and especially at night time when you got eight of it. For that reason, with all those piles of rock there - no one could do it - it may have been surveyors, and it may not have been - but there was only one thing to do - take the highest point on the hill. Then I tested the angle, taking Alexander's magnetic bearing to the hill and take the bearing down this way and I got practically the same angle that Kanakanui ran his line on. I took the same line and the distance as given in the certificate of boundaries. Alexander's distance, this distance, is short, it is 250 feet short there; where I am this distance is short, and this distance from this hill is very close, and there was no [page 369] chance of having that short; what is given in the certificate, if anything, it is longer.

Mr. Merriam: With reference to this so called Kanakanui line, it had better be explained, and can be. explained in this manner - the occasion for that was at the time of the issuance of a lease by the Government to the Wailuku Sugar Company of some of the lands well away this side of Maalaea Bay shore line, and, in order to arrive at the description of the land to be put in the lease, he was sent over to survey that line between Waikapu and Ukumehame and determine what sort of description should to into the lease to the Company of the Ukumehame land, and he ran the line from the crossed rock down not taking the full distance that the Alexander line calls for – am I right?
Answer: The lease didn't call for the full length of the line.

Mr. Penhallow: Make a line at the end here ‘C'.
Commissioner: the makai end of the line ran by Kanakanui.

Mr. Merriam: So. at the time of the lease it was assumed that the Government adopted it as a satisfactory boundary line - they stood on it for the purpose of giving the Company tenancy of of [sic] the land - later on planted in cane - and I think Mr. Baldwin will state that he is now running his line in a similar fashion – to the Kanakanui one, he is right on top of the Kanakanui line but taking the distance allowed by Ukumehame to the coast. Now, Mr. Baldwin, in your study of the situation at the hill side here, you were coming down?
Answer: Yes - in the description.

Question: And you must hit the rock, of course, that is a point that is identifiable today?
Answer: Yes.

Question: When you got to the rock did you shoot back to see that you were in a right position?
Answer: My points are triangular.
[page 370]
Question: Would you indicate the position as you would understand it at the time Alexander made the survey of the land of Ukumehame, which never had before that been surveyed; well, he finally gets to the rock - what would be his method?
Answer: Oh, Alexander was surveying it for the first time and he had to go up and find a point, and he went up and did that. I went up there first and set my flags on these hills and afterwards I went with the instrument and triangulated them.

Question: You feel that the surveyor, after he established this point on the rock in going up the hill side, would have the highest point on the knoll?
Answer: That is the only point he would take and did take.

Question: And his next point here - up the hill side?
Answer: Yes.

Question: Does your point enable you to see both the rear and advance points?
Answer: Yes. I went down there this morning.

Question: Now, having a definite fixed point here at the rock, and assuming, as you believe you had a right to do, that all of the ocean survey by Alexander was a traverse survey - had points that were intervisible, and knowing what the Government had previously done by establishing the line by Kanakanui's survey, and knowing that the course you took there was the course that was practically identical with Alexander's survey, you landed at a point which was a bluff point, did you not?
Answer: Yes.

Question: And, in your assumption, at the time Alexander made this survey that bluff point would have enabled Alexander to see to the rock point that now is agreed upon as a corner?
Answer: Yes. I think so with a flag set up.

Question: Also enable him to see back to a far point along the ocean side?
Answer: Yes.

Question: In other words, prior to the growth of Keawe Trees, that survey [page 371] of Alexanders would have reproduced itself with accuracy and each point on the ocean side would be intervisible?
Answer: Yes.

Mr. Merriam: That in short was the method used in reproducing the lines of the land of Waikapu by an up to date survey; it simply carries out what we thought was fundamentally required of us - to stand by and on the lines of the lands adjoining, all of which boundary lines were settled many years before this survey was made. I think, so far as the examination of Mr. Baldwin is concerned, we are finished.

Cross Examination of E.D. Baldwin

Mr. Hewitt: Mr. Baldwin, you have only taken us down to point marked 'C' there in this detailed journey we have had. Will you take us on from ‘C' down to the sea coast and explain how you arrived at this?
Answer: We did, but I think you must have overlooked it.

Question: Would you go over that once more from point ‘C' until you hit the sea shore?
Answer: What did you want?

Question: I stated clearly that that line is run down to the end of the distance given in the certificate of boundaries and that carries you some where short of the sea?
Answer: It carries you to the points as Alexander took them along the sea on the bluff.

Question: I mean the line running from ‘B' toward ‘C' and through ‘C' - according to Alexander's survey must land you at the sea shore, is that right?
[page 372]
Answer: Not the way I understand his survey; he says the ocean is the boundary.
Mr. Hewitt: Have you a copy of the Ukumehame certificate, Mr. Merriam? Would you mind introducing this in evidence?

Mr. Merriam: We offer in evidence a certified copy of the Boundary Certificate of Ukumehame, No. 68, Maui, which contains a full description by metes and bounds of the land of Ukumehame, before L. Aholo, Commissioner, dated April 24th, 1883.

Commissioner: It is allowed in evidence as Applicants' Exhibit 'A'?

Mr. Hewitt: Will you please point out to the Commissioner the course that you are talking of - that survey by Alexander - from the sea up to the point marked 'B' or the marked rock?
Answer: The course marked 23 is the one from the sea to the rock.

Question: Well, now, what is the course just preceding the one from the sea shore to the marked rock - that is 22?
Answer: 22.

Question: And that takes you along the sea shore?
Mr. Merriam: Along the ocean.

Mr. Hewitt: Along the ocean to a certain point that is right near it?
Answer: In fact his points are not at the ocean side.

Question: He said the ocean was the boundary?
Answer: The ocean was the boundary.

Question: Then that line runs along the ocean?
Answer: That is the true boundary.

Question: His points are all shown from up above - he was describing the points along the ocean?
Answer: Yes.

Question: Is it on course 22 that you come to the last point on the ocean?
Answer: Yes - here is what he gave.
[page 372]
Question: Then how does it lead from the next course to there?
Answer: Here - north - it is 6° 144.90 along Waikapu to bank of ravine.

Question: From that point, which you reached by 22, there is just one course to the marked rock?
Answer: Yes.

Question: Whereas in your description you have used two courses, have you not, you have inserted an extra course?
Answer: I turned it off at right angles to the sea.

Question: By what authority?
Answer: None - when I ran that line I ran it through to the sea - I felt  - I didn't have any authority and I didn't know how much authority I did have.

Question: What I want you to do is explain fully to the Commissioner how you got that extra course in there of 147 feet, if you have based your description upon this survey of Alexanders?
Answer: I took the absolute angle from that known point, turned it up and ran it in the given description; I ran it straight to the sea, but when I was making out the description for the certificates I didn't know whether I had that right; but that is the point given in the certificate of Alexander's survey; that is all we got, it is short, and we haven't got anything else.

Question: It seems clear to you that the last point on the ocean is not the point Alexander had in mind?
Answer: So far as we know it is his survey, and in the certificate, and is the point given in the certificate of boundaries and I can't make it any different.

Question: This survey of Alexander's is rather indefinite, isn't it?
Answer: Not on those two lines - the line running to the ridge above is short, and this one here is short - it is short in distance.

Question: A great deal of stress has been laid by Mr. Merriam on the fact that by following literally and as a guide this Alexander survey of Ukumehame it appears that in order to reconcile your theory [page 374] with Alexander's you found it necessary to insert an entirely new and additional course?
Answer: it is his survey along the coast, and if you want to go along the coast you have got to follow it.

Question: Suppose we wanted to know the next point way up in here some where – how do you get that?
Answer: it would be the same way.

Question: The description carries you along the ocean - doesn't it?
Answer: Not the way he showed it; he states the ocean is the boundary, and when he hits that point he runs in.

Question: And from that one point to the X here?
Answer: Yes.

Question: Where you added a new course - 147' - at right angles to the sea?
Answer: No - you have to get the sea some way or another.

Question: Well, there is some doubt as to just how you got to the sea - even in Alexander's survey?
Answer: No - you have to go up this way.

Question: By what authority do you cut up off at right angles?
Answer: The only way I can think of is where it runs along the valley.

Question: And yet they are running along the boundary?
Answer: Well, I haven't run across any accretion.

Question: That is a departure fixed by law and not survey?
Answer: No.

Question: In accretion you run at right angles - it is merely to conform with what the law says?
Answer: I haven't run across any law on it - it may be so. It is the law ordinarily that where accretion forms the line is either line carried in a continued line, or, if impossible, at right angles to the sea.

Question: But that has nothing to do with this situation. That is the only authorization that you know of for adding the extra course, is it not?
[page 375]
Answer: No. That is his point given in this certificate by both bearings and distances, and that is the end of my authority. I may not have any authority to do it, but I ran it off into the sea.

Question:  What is your honest opinion as to the correctness of the line as laid by Kanakanui from the rock toward the sea shore?
Answer: Practically correct in my final studies of the land – except it can go a little further that way 9 or 10 ft, but not amount to much.
Question: What do you mean?

Answer: Not the exact angle - in all my surveying I find you can't lead the magnetic needle closer than 15', the circle is marked in half minutes, and if you work up the needle it will never come right - I have always taken 15'. For instance, if it is 14 you take 14.50 or 14.35; that is probably what Kanakanui did, and as he did it that way I took it. We didn't want to differ from the government.

Question: Then your own honest opinion is that the line ran by Kanakanui is not exactly correct?
Answer: It is exactly correct.

Question: Exactly?
Answer: I just explained why we take 15' - 49.30 the exact difference between my line and that - the nearest is 45'.

Question: Well, you have changed your opinion since 1925 on that point, have you not?
Answer: Not that I know of.

Question: Didn't you, in 1925, have the belief that the, line was incorrectly laid by Kanakanui?
Answer: That is something new to me.

Question: Didn't you, on August 1st, 1925, write to the Territorial Surveyor as follows: "On the Waikapu line, which I went into most thoroughly over a year ago, for the deed from the Hawaiian Commercial and Sugar Company to Wailuku Sugar Company, [page 376] it seemed that the line from the well known X on the large rock mauka of Pulehunui to the sea coast ran a little further inland or north west"?
Answer: Kanakanui's sea coast is too small on this line - as you know Alexander gave a magnetic bearing; but after both Mr. Foss and I had gone carefully into the matter we concluded as the Government Survey Department had established this line; it would be better to accept their line rather than have any trouble over same later, so that the deed from the Hawaiian Commercial and Sugar Company to Wailuku Sugar Company was described as 'Along the Kanakanui line.' For instance, if you go to the rock and set up a transit today it will run way inside - it will run way in here.

Question: Well, did you write what I have just read?
Answer: I must have if it is written there. I told Mr. Penhallow - I made reports of that.

Question: You did write that to Mr. Wall?
Answer: That was in discussing that [...]

Question: Did you?
Answer: Yes.

Question: You still have the same opinion?
Answer: No. In this case we found it exactly where we went up the ridge - his definite point.

Question: I would like to show you a tracing of a sketch plan entitled 'Portion of Government land of Ukumehame, Maui, [...]

Mr. Merriam: Prepared by whom?
Mr. Hewitt: I will connect it up later on; this connects with Mr. Baldwin's testimony.

Mr. Merriam: We have no objection to it.
Answer [sic. Question]: Have you ever seen that before?
Answer: Not this one, but we have it in that lease you have.
[page 377]
Question: You have a similar one?
Answer: Yes.

Question: Would you say, from that sketch plan, Kanakanui believed that this line, from this point up here, near the words 'to Wailuku', ended on the lower end?
Answer: I am not sure; he leaves it indefinite, but the line here shows it just as I had it.

Question: It doesn't show that, if continued, it would run into Kapoli Spring?
Answer: No, you take these bearings here, and that is the exact line I ran.

Question: If you knew nothing of the case previously, and were shown that plan, where would you, as a surveyor, say that line, if extended, would end?
Answer: I can't answer that because the plan looks incomplete here; he was not surveying up here.

Question: Would you say that Kapoli Spring had any significance of that?
Answer: In what way?

Question: Any way as marking boundaries or determining boundaries?
Answer: No. I don't think so.

Question: What would you say it was inserted for?
Answer: This flat here is called Kapoli, and the Springs run there, would it be liable to be called Kapoli Spring?

Question: Why didn't the surveyor simply say 'Kapoli' instead of 'Kapoli Spring?'
Answer: I don't know.

Mr. Merriam: I think I will object to your line of questioning for this reason - you are now considering a survey which has no bearing on the land in question as against your original boundary certificate, which you are bound, under the provisions of law, to go by; a subsequent survey to the boundary certificate has no standing in the consideration of the Commissioner, he must adhere strictly to the point that the law says, that is, the actual lines at the time the boundaries were settled. This, I think, is reason, and should not be admitted as governing the boundaries of the land of Waikapu.

Commissioner: Objection will be over-ruled.

Mr. Hewitt: It is also offered to show that it was Kanakanui's contention that, if it was continued, it would come to Kapoli Spring. We might offer it for identification at this time. We claim that it is cooperative with what Kanakanui intended the terminus to be – Kapoli Spring. We offer it in evidence.

Mr. Merriam: I do object for the reason that it is contrary to Section 558 to the Revised Laws of 1925; also it is contrary to the decision in the case in the 18th Hawaiian, 394.

Mr. Hewitt: It is offered as cross examination of your direct examination on the Kanakanui line.

Commissioner: The tracing or plan of portion of Ukumehame land will be allowed in evidence as Contestant's Exhibit ‘1.'

Mr. Merriam: I would like to have this given careful consideration as to what evidence can be used in the settlement of a boundary of land which has had its boundaries theretofore established and on which it must rest its own boundaries without conflicting with the fundamental law of the Territory.

Mr. Hewitt: It is not a fact that it would be impossible to fit the Alexander Survey literally or exactly to the natural features of the land?
Answer: What portion of it?

Question: Several – there are several?
Answer: There are quite a number of instances if you tried to follow Alexander's survey of the boundaries of Ukumehame you . well.

Question: You would find yourself at certain points that you know he could not have intended them to be at?
Answer: yes.
[page 379]

Question: It was a magnetic survey?
Answer: Yes.

Question:  For instance, on the line from 'B', where the marked rock is, if you followed it literally - instead of being on the ridge - you would be off in the gulch on the Wailuku side, would you not?
Answer:  By modern declination of that portion of the sea coast we visited this morning, where the cliffs are fallen down, if you followed the survey that way you would land some point out on the sea. I wish to say that the survey I made I could carry it 25 ft., more or less, either side - a very rough estimation; there is nothing on that side except where you could get on the visible points, and I came right practically on 'the edge of the sea there.

Question: And then when you come down here, to the point where you leave the sea shore, you got into another incongruity that it has caused you to insert another course?
Answer: Well, that is the point given in the certificate, and I have got that to go by; I had to get there.

Question: Would it not lead to an absurdity to locate the boundaries of Waikapu by following the lines of Ukumehame?
Answer: Not at all; those two lines from 'A' to 'B' to another point - they are very definite.

Question: from 'A' to 'B' - would you not land on the gulch?
Answer: Those are the two points of Alexander's survey, and that angle would give the other exactly; that is what we always go for, and look for; we always go to get those, if we took the modern declination it would run up this way.

Question: So, in order to fit the natural features, you have to make changes in his bearings and distances?
Answer: Not in those.

Question: In some?    .
Answer: I have dealt with the natural ones.
[page 380]
Question: Is it not a fact that in order to rectify Alexander's survey with the natural monument you have to vary it in several instances?
Answer: Above the hill Alexander runs up in there - I followed it.

Question: So it really is absurd when we say the boundaries of Ukumehame are so definitely set?
Answer: As a surveyor I will state that this is one of the most definite; it has a definite angle there from two definite points, all the way up the ridge it is very definite.

Question: Do you ordinarily find it necessary to insert more than one course?
Answer: This is only out one hundred feet, and a great many I have tackled are out one thousand feet, and some on Hawaii are out miles.

Question: And yet you say it is so accurate and not indefinite?
Answer: It is on that side - it is very definite in my opinion.

Question: Then you would say these little additional courses are trivial?
Answer: Yes, they are.

Question: It would be a much better result, and probably more as Alexander intended it, if that additional course was not inserted?
Answer: Alexander was running along the sea from the sea and when he hit the point it is shown by the line running down here, he was above the sea at that point, and the boundary running inland.

Question: Let me express it a different way. If it is possible to wipe out that additional course, that you have thrown in here, and if this survey of Alexander's coming along the ocean to a certain definite fixed known monument and then have only one course, as he calls for from that point to the marked rock and with the angle, it would probably be a much better piece out than this one that includes the extra course at right angles?
[page 381]
Answer: Decidedly - if he left the monument at the sea we would not have all this trouble, and we would not be fighting over it.

Question: Now, Mr. Baldwin, let's mark here as a X on that point at which you take your departure from the ocean, that is the beginning of this course running at right angles as near as you can make it out the Alexander survey of Ukumehame runs along the ocean to the point marked X?
Answer: Runs inland.

Mr. Merriam: I think you are confusing the line which Alexander takes - the survey is a plan survey.

Mr. Hewitt: That point X is the point to which Alexander's survey brings the boundaries on the ocean?
Answer: No - he runs a bluff line to the ocean - I got the boundary that way in Alexander's survey.

Question: Well, where, along the sea shore, does Alexander's survey bring the boundaries of Ukumehame?
Answer: The only known point we have is the marked rock, and run back
from that to mark his distances; it is given in the certificate and fixed as the boundary.
 Question: You located this point by going back to the rock marked B and coming back?
Answer: Alexander's survey runs both ways.

Question: Is it your idea that the course and distance should prevail over natural monuments when you are trying to locate a monument?
Answer: There is no natural monument near the sea - I ran it to the sea.

Question: Haven't you got a natural monument where the X is and another at the sea?
Answer: Not definite to the sea unless you run to the sea.

Question: Why haven't you run it from the rock to the sea?
Answer: Because Alexander's line runs on those bearings.

Question: You are laying more stress on the bearings?
Answer: I ran it right through to the sea shore as I did formerly.

[page 382]
Question: It might continue on through to the sea shore instead of turning at right angles?
Answer: It hits the ridge from here to here, if it was run through it would hit nearly at the other side.

Question: Isn't that the theory you were working on?
Answer: No.

Question: You prefer to get to the sea by throwing in the extra course?
Answer: Didn't prefer anything - simply got to the sea that way.

Question: Isn't it pretty clear that Alexander intended the line to run from the X rock to the sea in one straight line?
Answer: He ran to his bluff point.

Question: Isn't it pretty clear that Alexander intended the line to run from the X rock to the sea in one straight line?
Answer: No. He ran to his bluff point - he came round the sea on the bluff and he ran inland from the sea.

Mr. Hewitt: I would like to have the Commissioner look at this survey, and look at courses 22 and 23. (Commissioner examines document.)

Mr. Hewitt: Now, Mr. Baldwin, have you ever seen the map that Mr. Alexander drew and filed with this same description of Ukumehame?
Answer: Yes. (Answered before objection was in)

Mr. Merriam: I object to the question and the answer. The map that is being referred to is a map unauthorized by law; the law - at the time the survey of Ukumehame was made - didn't require a map - no map is actually on file with the record of the boundary certificate, and I object to its admittance in this instance.

Commissioner: Isn't there a dispute in this as to where the line runs?
Mr. Merriam: Yes.

Commissioner: Isn't that why the Commissioner is sitting here [page 383] today? Not to accept the view of either party until he has heard all the evidence. The objection is over-ruled and the question and answer will be allowed.

Mr. Merriam: Exception.

Mr. Hewitt: Have you a copy of that map, Mr. Baldwin?
Answer: No.

Question: Do you recognize this map, Mr. Baldwin?
Answer: I have seen a blue print of it.

Question: Showing the witness a map of Ukumehame, of West Maui J. M. Alexander's survey, August 1874, do you know what that map is?
Answer: James Alexander's map.

Question: And for what purpose was it made?
Answer: Well, it is Alexander's map.

Question: How did it happen to be made?
Answer: I take it for granted it was made in connection with his survey of Ukumehame.

Commissioner: This very survey referred to?

Mr. Hewitt: In Exhibit 1. May I offer this in evidence?
Mr. Merriam: Yes.

Hewitt: You have no objection to the fact that it is offered on cross examination instead of direct examination?
Mr. Merriam: No - just save an exception.

Commissioner: The map of Ukumehame, West Maui, J. M. Alexander, surveyor, dated August, 1874, may be marked Contestant's exhibit '2.'    .
Mr. Hewitt: Mr. Baldwin, this Contestant's exhibit '2' you say is a map, made by Mr. Alexander, of the land of Ukumehame, as described in Applicants' exhibit 'A?'
Answer: Why, I suppose it is.

Question: You have no doubt of it?
Answer: It looks as though it is in connection with it.

Question: You have seen this before?
[page 384]
Answer: A blue print of it.

Question: And you have never doubted the authenticity of it?
Answer: No.

Question: You have no doubt it is Alexander's?
Answer: It is signed by him.

Question: Assume, for the purpose of this question, that you have never, seen any description of the land of Ukumehame and all you have before you -  as an expert surveyor - was this exhibit '2' - the map - where would you say that the line running from this point, which I will mark x - near the word Puu Hele, would be - where would you consider that first course terminated going toward the sea?
Answer: Well, there is nothing there to indicate, if I had no survey, as to where it exactly went:

Question: It couldn't possibly go to Kapoli Spring?
Answer: Not necessarily the way it is written.

Question: It seems apparent that it terminates some where between the word Kapoli and the word Spring?
Answer: No - in this small scale it is hard to tell.

Question: You can't see any point where the line turns?
Answer: The Spring is all round that.

Question: Kapoli Spring is just a spring?
Answer: Kapoli is the name of the low land.

Question: But Spring?
Answer: Spring  - the whole of Kapoli is here.

Question: And it is known as Kapoli Spring?
Answer: Kapoli Spring is right round it. I always was interested to know where it was and I hunted all round there and got all the testimony I could, and one fellow would name it as this Spring, and the first man showed me a water spring and said when it rained it is fresh water right round the house, that was pointed out to me as Kapoli Spring.

[page 385]
Commissioner: Where we went this morning?
Answer: It is makai of the beach there by the windmill, there is a dirt flat there that fills up with fresh water when it rains, and that was pointed out to me as Kapoli Spring; all round that point, way down to the mouth of the gulch almost, is spoken of as springs, and I have seen that the whole region there is Kapoli, so Kapoli Spring would be where the water springs out.

Commissioner: What does 'Kapoli' mean?
Answer: Hollow - depression.

Commissioner: Water that comes out of a hollow?
Mr. Penhallow: It is something aside from springs.

Commissioner: The word 'Kapoli' has no direct reference to th ....

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.... Figures would be 63° 48'.

Mr. Merriam: I will then refer you to Applicants' Exhibit D, which is a plan of a portion of the Ukumehame boundary adjoining the land at Waikapu, and ask you if the angle of divergence given on this map, line B-A and B-C of Applicants' amended map is the same sized angle as stated by you just now?

Mr. Newton: The same angle. It would not make the same angle to that you had on your map.
Mr. Merriam: Mr. Newton, in using the point wherein the [page 461] Govern
ment has the flag at point A of Applicants' amended application, you have admitted you have taken a longer distance of line than the Ukumehame boundary Certificate (Contestants' Exhibit 5) calls for, what justification have you for taking that longer length of line?
Mr. Newton: The description does. Calls for a point on the ridge. Natural monument.

Mr. Merriam: Where do you see that?
Mr. Newton: 24 course reads: "S. 69° 30' W., 60.10 ch. on . ridge along Waikapu."

Mr. Merriam: When you arrived at a point on a ridge, such as in the approximate location of point A on Applicants' amended map, and you find that there is a saddle above that point before you get to the next point of the survey further mauka, is it not in your estimation to go to the topmost point on a knoll; such as there is at point A?
Mr. Newton: No, not necessarily.

Recess of 10 minutes.

Mr. Merriam: You have stated Mr. Newton that Mr. Kanakanui made a mistake in the direction of the line from B to C toward the ocean on Applicants' Ammended [sic] map; how do you know he made a mistake?
Mr. Newton: Because it shows on the face of the map and in his field notes that he was running to Kapoli, that he located Kapoli -
 
Merriam You do not know but what his location of Kapoli Spring was the proper one?
Mr. Newton: Because there is only one Kapoli Spring.

Mr.  Merriam: But there right be two understandings as to which location -
Mr. Newton: The one we took 100 feet further would be inland.

Mr. Merriam: In other words, your conclusion with respect to the error is dependent upon where Kapoli Spring actually is,
Mr. Newton: Monument at the sea.

Mr. Merriam: You are assuming it in one place and another one in another place?
[page 462]
Mr. Newton: I leave that to the Kamaaina.

Merriam: I now call your attention, Mr. Newton, to "Contestants' Exhibit 4” being the record book No. 1, Boundary Commission for Maui, (Showing witness Certification or the boundaries, the land or Ukumehame) which shows the note, as follows: Note: "Waikapu claims a strip of sea-shore, 1 ch. broad, reaching from Kapoli to Manawainui in ravine". Mr. Newton, the use of the word "Kapoli" may mean, land of Kapoli, may it not?
Newton: According to the Kamaaina, Kapoli was in the vicinity of the spring.

Mr. Merriam: It has been indicated that there was such a Spring, a section of land known, a portion of land […]
Mr. Newton: About the size of this room.

Mr. Merriam: Might this reference refer to the land of Kapoli, it does not say Spring?
Mr. Newton: According to the Kamaaina, Kapoli was known as the spring and land which took in a space the size or this room.

Mr. Merriam: Very well, I think that is all.

Mr. Newton on re-direct examination.

M. Hewitt: You stated a while ago, it was not necessarily the logical thing for a surveyor standing at the X-rock to take his point on the ridge - the highest point - what do you mean by that?
Mr. Newton: The intention of that is, that putting up your station on a point on the ridge, that you try to get a point where you have a view of the lower section in general after for detail work. You may want to put in [---] sub-station in between, when the distances are very long.

Mr. Hewitt: Does the Government station on the ridge mauka of the X-rock represent such a location?
Mr. Newton: It does.

Mr. Hewitt: Better than the flag adopted by the Applicants?
Mr. Newton: From the road in places, you cannot see Applicants' flag

[page 463]
Mr. Hewitt: Will you proceed a little further on than where Mr. Merriam carried, in Alexander's distances when checked with natural monuments (referring to Amended map of Applicants) Will you mark in numbers as you proceed, instead of letters.
Mr. Newton: 26 course given in the Certificate. Distance is 3570.6 ft. Applicants' map between points 1 and 2, the distance is 3676.

Mr. Hewitt: Longer than Alexander calls?
Mr. Newton: Yes, longer than Alexander calls. A difference in bearing from Alexander's bearing. The next course 27, calls for the distance of 1623.6 feet. That is from point 2 to 3 on the Applicants' map; they have inserted 2 courses instead of one. The total distance of the two courses is shorter than the one course given by the certificate; but the two courses have different bearings.

Mr. Hewitt: Where Alexander gives one instead of two.
Mr. Newton: They give two.

Mr. Hewitt: Proceed on, any other?
Mr. Newton: The line back to Ukumehame on the west.

Mr. Hewitt: So, when they speak of their reproduction of Survey, they must mean by that something different from what we call a reproduction?
Mr. Newton: Looks that way.

Re-cross examination of Mr. Newton.

Mr. Merriam: Mr. Newton, you have just stated that the lines run by the surveyors for the Applicants in this case, between point A, point 1 and 2 – “did not coincide” in matter of distance, at least, with the Alexander survey?
Mr. Newton: They do not.

Mr. Merriam: I will ask you, as a surveyor, if these points selected by the surveyor for the Applicants, are not clearly the points that any surveyor would take on a mountain ridge side for the point such as Alexander's survey seems to call for; are they not natural peaks, and a natural one for a surveyor to take?
Newton: I believe so.

[page 464]
Mr. Hewitt: In this so-called Alexander survey, I wish you would explain to the Court and me, how the applicant gets to this point, the last point on the sea-shore on the amended map.
Mr. Newton: They have tried to run a line from the X-rock using Kanakanui's azimuth, and produced it through the distance given in the certificate itself. 147 feet back from the sea.

Mr. Hewitt: Whereas, the Alexander survey locates it at the sea.
Mr. Newton: Yes. They traversed further back from the sea. There is a difference between the traverse line and the actual boundary.

Mr. Hewitt: If they went from the X-rock and took Alexander's bearing and went to the sea as he intended it, to go to the sea, they would hit the ocean at an entirely different point than their survey would hit.
Mr. Newton: It would hit the sea first, at a point off Kapoli Spring.

Mr. Hewitt: And before you ever come to the Cornwell beach house.
Mr. Newton: Yes.

Mr. Hewitt: It would not in any way reach the Cornwell house?
Mr. Newton: The point they have now is south. The first point that hit the sea is in the bay, that is on the sea side, the point that hits the ocean is directly north of the beach.

Mr. Hewitt: between the beach house and Kapoli?
Mr. Newton: The point just north of Cornwell's beach house. On the opposite side of the cove, on the Wailuku side of the bay.

F.H. Kanahele called and sworn.

Mr. Hewitt: Will you admit Mr. Kanahele's qualification as a surveyor?
Mr. Merriam: I do.

Mr. Hewitt: What is your name and occupation?

[page 465]
Mr. Kanahele: My name is F.H. Kanahele and Occupation is Assistant Government Surveyor.

Mr. Hewitt: Have you ever seen this blue-print before?
Mr. Kanahele: I have.
   
Mr. Hewitt: Have you checked the work in this, so that you can state whether it is accurate?
Mr. Kanahele: Yes.

Mr. Hewitt: Have you found it accurate?
Mr. Kanahele: It is.

Mr. Hewitt: Offer in evidence survey and map by James M. Dunn,
Sept. 4, 1927.    .
Mr. Kanahele: Purpose of map. Detail location of the surroundings in question, at the end of the line; from the X-rock mauka of Ukumehame to the vicinity of Kapoli.

Commissioner: Admitted in evidence and marked "Contestants' Exhibit 13",   
Mr. Merriam: Object to the admittance for the purpose of evidence for the reason that it is not an original, and contains many alterations, the authority for such alterations is not shown.

Mr. Hewitt: This is, offered its purpose is to make clearer the testimony of this witness as he gives his testimony and the testimony of the other witnesses.

Commissioner: For that purpose, it is admitted.

Mr. Merriam: Save an exception.

Mr. Hewitt: Will you explain to the commissioner just what this plan shows?
Mr. Kanahele: This plan shows a detailed location of that portion of land between the Main Government road, from Wailuku to Lahaina, and high water mark along the sea coast in the vicinity of Kapoli Spring and Cornwell's beach house. This line here, between (A and B), shows a portion of the line as run from the X-rock N.W. of Puuhele to the bluff point as selected by E.D. Baldwin (A). This line (from C to D) is a line as run by Jas. M. Dunn, Asst. Government Surveyor, and myself, to be the line extending from the X-rock N.W. of Puuhele to Kapoli Spring, as gathered by James M. [page 466] Dunn and myself from Kamaainas of that vicinity.

Mr. Hewitt: This point (E) what is that?
Mr. Kanahele: That is the (C) point of E.D. Baldwin, and this line from E to A is the extra course they have thrown in to reproduce Alexander's Survey.

Mr. Hewitt: And a line from their natural monument to C, that is point E, to the marked rock would hit the sea about where?
Mr. Kanahele: At a point marked F.

Mr. Hewitt: That is all.

Mr. Hewitt: You are the surveyor who located the Government flag on ridge on the rock?
Kanahele: I am.

Mr. Hewitt: How did you happen to locate it the way you did?
Mr. Kanahele: I selected a base line below before I hiked to the hill; below in that flat line makai of Puuhele, in that clear portion running to the ocean on the makai, east side of the road. On arriving at the top of the ridge, I found that I could not very well establish a system of triangulation from E.D. Baldwin's point.  I investigated the range and found several ahus, built up piles of rock, in several different localities of that particular ridge. I finally chose one; that was 34 1/2 feet away from the present flag (my flag); at the time not knowing anything about that particular spot. It just happen to miss my observation. Before leaving the ridge, I again looked around and came to this Ahu, which had a solid rock triangular in shape, a rock that is generally taken by surveyors, when so marked. From this point I had the same commanding view as that of the lower point. I began to take measurements about the ridge, and finally, from my measurements, found out that this particular Ahu was very centrally located, as shown in this sketch. My presence is now at B. A is my first flag. C is E.D. Baldwin's flag. It represents a sketch of the ridge. It begins to slope abruptly. Gradually sloping and then dropping.

[page 467]
Mr. Hewitt: Did you make that sketch yourself?
Mr. Kanahele Yes.

Mr. Hewitt: Offer this in evidence.
Commissioner: What is that page you have been referring to?

Mr. Kanahele: Page 20.
Commissioner: Book of what?

Mr. Kanahele: Calculation book.
Commissioner: The contestants offer in evidence a book designated by the witness as "Calculation book" for the purpose or throwing light on the testimony of the witness. That will be admitted in evidence and marked "contestants' Exhibit 14".

Mr. Kanahele: From this sketch it is very plain; showing the distance from the edge, where the ridge itself shows - mark falling. From A to the edge, 28 feet; from B to the other edge, 26 feet; from C to the mauka edge, 25 feet; and I may add, this portion of it is drawn to scale; so it is actual reproduction to scale.

Mr. Hewitt: In your opinion, which one of these three points is the most logical point for a surveyor to adopt, running Alexander's survey.
Mr. Kanahele: The point marked B.

Hewitt: Taking that as the point on the ridge, and running back down to the X-rock, where does that angle, at the X-rock, throw the line from the rock to the sea?
Mr. Kanahele: It would be in the vicinity of Kapoli.

Mr. Hewitt: And by Kapoli, you mean what?
Mr. Kanahele: The spring.

Mr. Hewitt: it would throw the line more toward the Spring than it is run in the amended plan of Applicants?
Mr. Kanahele: Yes.

Mr. Hewitt: How far would it come, from the sea, high water mark
Mr. Kanahele: About 10 feet.

Mr. Hewitt: Which way?
Mr. Kanahele: Mauka.

Mr. Hewitt: Of high water mark?
Mr. Kanahele: Yes.

[page 468]
Mr. Hewitt: You have figured that exactly?
Mr. Kanahele: That is a fair estimate. I haven't figured it accurately.

Mr. Hewitt: Where is it in regard to that iron pin?
Mr. Kanahele: About 10 feet of that iron pin.

Mr. Hewitt: That is all.

Mr. Kanahele: on cross -examination

Mr. Merriam: Mr. Kanahele, I call your attention to Contestants' Exhibit 13, which on reference thereto, you have indicated that the location "A" is Mr. Baldwin's point at the end of the line from X-rock on the Applicants' Amended map. Do you know whether that point can be considered as a good bluff point in connections with the Alexander survey of the land of Ukumehame, is it, is that a point on the bluff?
Mr. Kanahele: Intervital bluff.

Mr. Merriam: In that a point on a bluff?
Mr. Kanahele: Yes, it is.

Mr. Merriam: Are you in agreement with Mr. Newton's statement, that the Alexander survey was a bluff point survey over to point "A"?
Mr. Kanahele: Not to point A. They may be bluff to bluff points but not to point "A".

Mr. Merriam: That is, you have indicated Mr. Baldwin's line from X-rock, B to B, on the applicants' amended map, runs to your point "A" on Exhibit 13, do you not?
Kanahele: Yes.

Mr. Merriam: And his next line runs from E to E?
Mr. Kanahele: Yes.

Mr. Merriam: You admit that point A is on a ridge, do you not?
Mr. Kanahele: Yes.

Mr. Merriam: Can you state whether that point is a point from which he would be able to see X-rock?
Mr. Kanahele: It is impossible.

Mr. Merriam: you think so? 
Mr. Kanahele: I absolutely know so.

Merriam: How do you know?   
Mr. Kanahele: There are authorities, as Mr. Newton has stated.

[page 469]
Mr. Merriam: From the evidence you have produced?
Mr. Kanahele: Yes.

Mr. Merriam: I will call your attention to this same map "Contestants' Exhibit 13", wherein you have indicated that the line D to C is the correct line for the line from the X-rock at B, Applicants' amended petition, to Kapoli Spring?
Mr. Kanahele: Yes.

Mr. Merriam: You admit that the Alexander Survey calls for the point at the sea, the last point before you go to X-rock, shall be at the sea at high water mark?
Mr. Kanahele: Yes.

Mr. Merriam: I also call your attention to the fact you have reached the sea at this point here, it is s what?
Mr. Kanahele: High water mark.

Mr. Merriam: And where is Kapoli Spring? At sea?
Mr. Kanahele: At sea.

Mr. Merriam: By what right, did you go beyond high water mark after reaching the sea to get Kapoli Spring, course what?
Mr. Kanahele: by the right that in a survey, monuments prevail.

Mr. Merriam: You had better define that survey; you mean Ukumehame?
Mr. Kanahele: Yes.

Mr. Merriam: The map is a part of it; by what right did you make that line?
Mr. Kanahele: As I have stated before, by the right, monuments prevail.

Mr. Merriam: Is not the sea a monument?
Mr. Kanahele: Yes sir.

Mr. Merriam: Why didn't you stop there; you had reached the sea called by the boundary certificate?
Mr. Kanahele: The reason why I did not stop there was for my investigation of a survey. In inquiring about from the different kamaainas, who actually pointed the Spring out to me, and who also claim that the Spring was the end of [page 470] Ukumehame and Waikapu by the sea; I therefor concluded that Kapoli Spring was a monument to be taken into consideration in this survey. The line that I took from the ridge point mauka of Puuhele, the angle that I took, from the ridge point, mauka of Puuhele, diverting it toward the sea, was some 10 feet in of this line (from C to D) 10 feet inland, which line did not cross the sea coast at high water mark.

Mr. Merriam: Why did: you mention that line, when you are contending for this line?
Mr. Kanahele: Because this is the line pointed out to me by the kamaaina.

Mr. Merriam: That is the line you think should be right?
Mr. Kanahele: Yes.
 
Mr. Merriam: You have stated that you have assembled information from kamaainas on which you base your interpretation of the main line in dispute (from B to C) and beyond to the coastline, what kamaainas?
Mr. Kanahele: Kamaka Kailianu, Piimoku, Moses Kalani and James Cornwell.

Mr. Merriam: All individuals about how old?
Mr. Kanahele: The youngest is 57, oldest is 73.

Mr. Merriam: How, Mr. Kanahele, in your location of your flag, are your locations are the ridge point at A, you have stated that your first flag was at A.
Mr. Kanahele: Yes.

Mr. Merriam: Shown on Contestants' Exhibit 14?
Mr. Kanahele: Yes.

Mr. Merriam: And your second location was at B?
Mr. Kanahele: Yes.

Mr. Merriam: Why did you change from A to B?
Mr. Kanahele: Because B was to my mind a better point for any surveyor to select.    .

Mr. Merriam: From what natural character was it a better point.
Mr. Kanahele: It had a better commanding view of the lower lands.

Mr. Merriam: A better commanding view of the rock?

[page 471]
Mr. Kanahele: Of the lower land between the rock and Kapoli Spring.

Mr. Merriam: Did it have a better commanding view of the rock itself?    .
Mr. Kanahele: It had just as good.

Mr. Merriam: Did it have a better commanding view of the rock itself?
Mr. Kanahele: It had the same commanding view.

Mr. Merriam: Can you state, that second B, commands a better location at B, than Baldwin's location at C?
Mr. Kanahele: I can see the bottom of my flag, you cannot see the point of Mr. Baldwin's flag; the point right next to the ground.

Mr. Merriam: However, you recognized that Mr. Baldwin's point at C is a point at a higher elevation than your point?
Mr. Kanahele: A little higher.

Mr. Merriam: I would call your attention to Contestants' Exhibit 13 and ask you if on either of these two lines, B to A, or D to C, there are any reference there to Kamaainas' names, on which we base the location of these lands; or on whose information was based the location?
Mr. Kanahele: They are not actually kamaainas, excepting that here, it reaches the line further. No kamaainas.

Mr. Kanahele: on re-direct examination.

Mr. Hewitt: In your estimation, is it possible that between 1874 and 1925, there was a slight change of 3 or 4 feet at High tide mark in the vicinity of Kapoli Spring?
Mr. Kanahele: Very probable.

Court adjourns until 9 o'clock a.m. July 12/2.

[page 472]
July 12/27, 9 a.m.

James Cornwell called and sworn. 

Mr. Hewitt: Your name please?
Mr. Cornwell: James Cornwell.

Mr. Hewitt: And how old are you?
Mr. Cornwell: 57 last May.

Mr. Hewitt: And are you related to Henry Cornwell?
Mr. Cornwell: W.R.Cornwell.

M. Hewitt: Are you related to W.H. Cornwell?
Mr. Cornwell: Yes.

Mr. Hewitt: In what way?
Mr. Cornwell: My father.

Mr. Hewitt: the original H. Cornwell was your grandfather?
Mr. Cornwell: Yes.

Mr. Hewitt: the Cornwell who lived what is called and known to the Cornwell beach house near Maalaea?
Mr. Cornwell: Yes, I stayed there.

Mr. Hewitt: Are you familiar with the location about the beach house there?
Mr. Cornwell: Yes.

Mr. Hewitt: Do you know where Kapoli Spring is?
Mr. Cornwell: Yes, right behind my little beach house; little close.

Mr. Hewitt: Describe it, please more fully. Can you give us a better description of the Spring. What do you mean "just behind your house?"
Mr. Cornwell: My house in the front and that was behind, close by the beach.

Mr. Hewitt: what does it look like around the Spring:
Mr. Cornwell: They dig a hole there for cattle to go in there to drink at Kapoli.

Mr. Hewitt: What is there on the makai side of the Spring, if anything?
Mr. Cornwell: Nothing but rocks.

Mr. Hewitt: What kind, how many?
Mr. Cornwell: Plenty rocks, big stones.

Mr. Hewitt: How many big stones?
[page 473]
Mr. Cornwell: About 5 or 6 big stones maybe more.

Mr. Hewitt: Are there any unusual large stones? Out in front there, just makai of the spring?
Mr. Cornwell: About 3 great big stones.

Mr. Hewitt: How long have those three big stones been there?
Mr. Cornwell: Since I was a kid.

Mr. Hewitt: Same place?
Mr. Cornwell: yes.

Mr. Hewitt: Is the Spring right in the vicinity of those 3 big stones?
Mr. Cornwell: Little mauka.

Mr. Hewitt: Do you know that place a little more on the Lahaina side where the cliff goes up straight?
Mr. Cornwell: I know it, they call it Pall Hai.

Mr. Hewitt: Has there been much change?
Mr. Cornwell: No, very little change.

Mr. Hewitt: Do you know the name of the place under Pali Hai?
Mr. Cornwell: There is s a little spring over there. At high tide you get water, and low tide you see it coming out. High tide there is salt water.

Mr. Hewitt: What is the name of that spring?
Mr. Cornwell: I forgot the name of that spring.

Commissioner: How long have you lived there?
Mr. Cornwell: Well, I never lived there altogether.

Commissioner: How long have you been well acquainted with that place?
Mr. Cornwell: All my life.

Commissioner: The little spring has a Hawaiian name?
Mr. Cornwell: Yes.

Commissioner: Do you know what it is?
Mr. Cornwell: I know, but I forgot.

Mr. Hewitt: Is it Waikui?
Mr. Cornwell: Waikui.

Mr. Hewitt: How long have you known, that was the name of the Spring?
Mr. Cornwell: I know Kapoli and that water down there.

Hewitt: You knew about the two springs and their names?
[page 474]
Mr. Cornwell: Yes.

Mr. Hewitt: Long before you knew me?
Mr. Cornwell: yes.

Mr. Hewitt: What do you know about the divide line in that vicinity between the lands of Ukumehame and Waikapu?
Cornwell: I do not know about the boundary of Ukumehame and Waikapu.

Mr. Hewitt: Do you know at what place at the sea they are divided?
Mr. Cornwell: I do not know.

Mr. Hewitt: Do you know about what land the beach house was?
Mr. Cornwell: My grandmother told me it was on Ukumehame.

Mr. Hewitt: What else did she tell you?
Mr. Cornwell: I ask her first, when she made a deed to us. She is dead 30 years ago. If we have a right to those houses down there and she said, no. I ask my grandmother if we have the right there. She said, we have no right. My grandmother told me it belongs to the Government; when they told you to go, go.

Mr. Hewitt: Did you subsequently file a preference right claim with the Government?
Mr. Cornwell: No, I never put in until just lately.

Mr. Hewitt: When?
Mr. Cornwell: About 6 years.

Mr. Hewitt: You filed preference right claim for the land where the beach house is?
Mr. Cornwell: Yes.

Mr. Hewitt: Do you recall having taken a lease of that land from the Wailuku Sugar Co.?
Mr. Cornwell: Yes.

Mr. Hewitt: How did you happen to do that?
Mr. Cornwell: When they came to me, They said it belong to them. I said if it belong to them, I might take a lease; better than going out. Penhallow came there and said the place belonged to them, and I leased it. I did not want to go away, I rather stay there and pay $1 a year.

Mr. Hewitt: What was your belief at that time as to the [page 475]
nature of their right there?
Mr. Cornwell: Well, I thought that the Government and Plantation had made everything to the plantation, that is how Penhallow came to me to lease the place, that is why I took the lease.

Mr. Hewitt: You thought the Government had fixed it up with the plantation?
Mr. Cornwell: Maybe the Government had given the plantation the place; that is the reason I took the lease from the plantation.

Mr. Hewitt: Did Mr. Baldwin, the surveyor, speak, bring up that subject to you about Kapoli Spring?
Mr. Cornwell: Yes.

Mr. Hewitt: How long ago?    ,
Mr. Cornwell: I do not remember. Sometime ago he came to the house. He asked me. I told him about Kapoli Spring.

Mr. Hewitt: You did not tell him you did not know anything about Kapoli Spring?
Mr. Cornwell: I told him I know about Kapoli Spring.

Mr. Cornwell: on cross-examination

Mr. Merriam: You made the statement that you understood the location of Kapoli Spring to be right behind the Cornwell house?
Mr. Cornwell: Yes, little.

Mr. Merriam: On which side of the house, toward what locality?
Mr. Cornwell: The house face down the beach.

Mr. Hewitt: Looking toward Olowalu?
Mr. Cornwell: The house face down the beach on that side behind

Mr. Merriam: Toward what place?
Mr. Cornwell: Toward Waikapu side.

Mr. Merriam: How far from the Cornwell house is Kapoli Spring?
Mr. Cornwell: About 100 feet, or little more.

Mr. Merriam: How far from high tide line is Kapoli Spring? Is the location of Kapoli Spring?
Mr. Cornwell: Well, at high tide, water come to the bank of Kapoli Spring.

[page 476]
Mr. Merriam: Is it not a fact that at low tide, there is a large amount of water coming out for a long distance along the shore between the Cornwell house and beyond the Cornwell house on the Olowalu side, also back toward Maalaea landing; isn't there a lot of fresh water coming out along the beach?
Mr. Cornwell: Little way by Kapoli, not go over to Maalaea side.

Mr. Merriam: On the Olowalu side?
Mr. Cornwell: Very Little.

Mr. Merriam: At different places?
Mr. Cornwell: Yes.

Commissioner: What do you mean by different places, how many, ½ dozen, 3 or 12?
Mr. Cornwell: Where Kapoli spring come out, it shoots out; here and there. No water at all over the other side, until Pali Hai, where Waikui is.

Mr. Merriam: Any fresh water between those two points?
Mr. Cornwell: No.

Merriam: At low tide condition?
Cornwell:  Yes.

Mr. Merriam: You say that your grandmother told you that the land on which your present house stands was government land?
Mr. Cornwell: Yes.

Mr. Merriam: What is your grandmother's name?
Mr. Cornwell: Kapu Luzada.

Mr. Merriam: How old were you when she told you that?
Mr. Cornwell: About 23 or 24.

Mr. Merriam: And how old was she?
Mr. Cornwell: I could not tell.

Mr. Merriam: About how old?
Mr. Cornwell: About 60, I think.

Mr. Merriam: You said that you have filed a preference right claim to this land with the land Commissioner about 6 Years?
Mr. Cornwell: About 5 or 6 years.

[page 477]
Mr. Merriam: What did the land commissioner do with this application for preference right?
Mr. Cornwell: I guess they threw it out, I never heard any more,

Mr. Merriam: He has never taken it up with you since?
Mr. Cornwell: No.

Mr. Merriam: You have stated that you knew nothing about the boundary lines between the lands of Ukumehame and Waikapu?
Mr. Cornwell: No.

Mr. Merriam: What you learned was hearsay from others, that is your grandmother?
Mr. Cornwell: Yes.

Moke Kalani called and sworn.

John Ferreira as Hawaiian Interpreter.

Mr. Hewitt: What is s your name?
Mr. Kalani: Moke Kalani.

Mr. Hewitt: How old are you?
Kalani: 63.

Mr. Hewitt: Where were you born?
Mr. Kalani: At Haiku, Maui.

Mr. Hewitt: How long did you live at Haiku?
Mr. Kalani: I was 11 years old when I left Haiku.

Mr. Hewitt: Were did you go?
Mr. Kalani: I came to Waikapu.

Mr. Hewitt: Where have you lived since you were 1l years?
Mr. Kalani: At Waikapu.

Mr. Hewitt: All the time?
Mr. Kalani: Yes, from then until now.

Mr. Hewitt:  Where do you live now, Moke?
Mr. Kalani: At Maalaea.

Mr. Hewitt: Do you know where Kapoli Spring is?
Mr. Kalani: Yes.

Mr. Hewitt: Where about?
Mr. Kalani: It is along a well that I dig myself.

Mr. Hewitt: Locate it more definitely?
Mr. Kalani: Kapoli is a wide place, even where the water is coming under,
[page 478]

Mr.
Hewitt: Tell us, where Kapoli Spring is?
Mr. Kalani: Right at the well where we dug.

Mr. Hewitt: Which side of the Cornwell beach house is that?
Mr. Kalani: On the Waikapu side of the beach house.

Mr. Hewitt: Can you describe that spring any more definitely?
Mr. Kalani: Right where that well that we dug and that is Kapoli Spring right there.

Mr. Hewitt: What is just makai of the Spring?
Mr. Kalani: Stones.

Mr. Hewitt: How many?
Mr. Kalani: Four.

Mr. Hewitt: Big ones?
Mr. Kalani: Two large ones and two little ones.

Mr. Hewitt: How long have they been there?
Mr. Kalani: When I was small.

Mr. Hewitt: And were they in the same place they are now in?
Mr. Kalani: Yes.

Mr. Hewitt: What do you know Moke, about the digging of that well near the big pohakus?
Mr. Kalani: the only thing I remember, we dug until we found the water.

Mr. Hewitt: Who dug?
Mr. Kalani: Myself, Kaniala and Kali.

Mr. Hewitt: Where is Kaniala?
Mr. Kalani: Both of them are dead.

Mr. Hewitt: For whom did you dig that well?
Kalani: Cornwell.

Mr. Hewitt: Under what instructions?
Mr. Kalani: Cornwell gave us instructions.

Mr. Hewitt:  What were they?
Mr. Kalani: He gave us instructions to dig the well for the cattle.

Mr. Hewitt: Did he tell you where to dig it?
Mr. Kalani: Yes. We dig the well on a different place, when Cornwell came down and he told us to dig it on his own place.

Mr. Hewitt: Why was it not satisfactory where you first dug it?
[page 479]
Mr. Kalani: He did not want to have the well dug on Ukumehame side.

Mr. Hewitt: So you moved over toward Waikapu?
Mr. Kalani: Yes.

Mr. Hewitt: How much more toward Waikapu did you move then when you dug it the second time?
Mr. Kalani: About 2 feet.

Mr. Hewitt: Moved over toward the Waikapu side?
Mr. Kalani: The well was moved to Waikapu side.

Mr. Hewitt: Will you indicate in the room somewhere in the building, about how far you moved?
Mr. Kalani: (demonstrates 2 feet).

Mr. Hewitt: that is all you moved over?
Mr. Kalani: Yes.

Mr. Hewitt: Moke, going over toward your house from the Cornwell house, going over toward Olowalu, do you know the section of the beach where the cliff goes up straight?
Mr. Kalani: Yes.

Mr. Hewitt: You know the name of that place?
Mr. Kalani: Yes.

Mr. Hewitt: What is it?
Mr. Kalani: Pali Hai.

Mr. Hewitt: What is the name of the place just under that on the Olowalu side?
Mr. Kalani: Kalama.

Mr. Hewitt: Is there any Spring over near Pali Ha`i?
Mr. Kalani: Yes.

Mr. Hewitt: What is the name of it?
Mr. Kalani: That is the name of that place, Pali Ha`i.

Mr. Hewitt: Do you know of any name for the Spring over there?
Mr. Kalani: I do not know the name of the Spring, but there is water from Pali Ha`i to Kalama.

Mr. Hewitt: Fresh water?
Mr. Kalani: Water could be drunk.

Mr. Hewitt: How far is that to Kalama?
Mr. Kalani: Quarter of a mile.

[page 480]
Mr. Hewitt: Is that place, or [are?] those springs ever known as Kapoli springs?
Mr. Kalani: Yes.

Mr. Hewitt: That is the spring near Pali Ha`i, are they known as Kapoli springs?
Mr. Kalani: Kapoli Spring is from the farther side, but on this side, there is a lot of water.

Mr. Hewitt: But when the old Hawaiians speak of Kapoli Spring, what did they mean?
Kalani: In the olden time, it is the place where people that were sick, they go there to recuperate.

Mr. Hewitt: What was as referred to when they spoke of Kapoli Spring?
Mr. Kalani: It means “bring to health."

Mr. Hewitt: what place did they mean when they say, Kapoli Spring?
Mr. Kalani: At the well that we dig, that is the place we call Kapoli. There is a wide space. That Kapoli was a wide space.

Commissioner: What does he mean by wide space, from here to the old church, or does he mean from here to down town?
Mr. Kalani: About the size of this room.

Mr. Hewitt: Moke, that place called "Pali Ha`i" has that Pali changed much since you were a boy?
Mr. Kalani: It has all fallen down.

Mr. Hewitt: How much has it changed since you were a boy?
Mr. Kalani: The sea hits it quite often, and the dirt loosen, the road is still there.

Mr. Hewitt: The same road that was there when you were a boy?
Mr. Kalani: Yes.

Mr. Hewitt: that is all.

Mr. Hewitt: When you dug that well at Kapoli, you did not finish it up?
Mr. Kalani: Because the water was running after, when it was low tide; so Cornwell told us to go there and dig it and bank it, on the makai side.

Mr. Hewitt: Did you bank it up with stones on the side?
[page 481]
Mr. Kalani: Yes.

Mr. Hewitt: Why did you bank it up with stones on the makai side?
Mr. Kalani: The sea gets in.

Mr. Hewitt: Now, did Mr. Baldwin ever ask you anything about Kapoli Springs?
Mr. Kalani: Yes.

Mr. Hewitt: What did you tell him about Kapoli Spring?
Mr. Kalani: I told him about the size of this room, that is Kapoli.

Commissioner: I wish you gentlemen to make a rough sketch where that house is and where the ocean comes in.

Moke Kalani on cross-examination

Mr. Merriam: Kalani, you knew, remember Henry Cornwell?
Mr. Kalani: Yes.

Mr. Merriam: Did you know his son, W.H. Cornwell?
Mr. Kalani: Yes.

Mr. Merriam: And did you know Jas. L. Cornwell?
Mr. Kalani: Yes.

Mr. Merriam: For whom had you worked in the Cornwell family?
Mr. Kalani: the elder Cornwell, Henry Cornwell.

Merriam: What was your work?
Mr. Kalani: Pulling sugar, carrying sugar.

Mr. Merriam: From what place to what place?
Mr. Kalani: From  Waikapu to Wailuku.

Mr. Merriam: You know the location of the old Cornwell house at the flat section on the shore of Maalaea Bay?
Mr. Kalani: Yes.

Mr. Merriam: What was that house built of?
Mr. Kalani: It is a sugar house.

Mr. Merriam: What material was it built of?
Mr. Kalani: Lumber, wooden.

Mr. Merriam: Was that house destroyed by fire?
Mr. Kalani: No, it was broken down.

Mr. Merriam: Is the new house on the same location as the old house? [page 482]
Mr. Kalani: there is no new house now.

Mr. Merriam: Ask him, if he recognizes the flat land, the Olowalu side of Maalaea Bay, where the present Cornwell house is (showing witness Applicants' Exhibit D); the house in which Jas. Cornwell now lives?
Mr. Kalani: Yes.

Mr. Merriam: Is that the same location that the first house that was built in early days, was built on?
Mr. Kalani: Yes.

Mr. Merriam: Who lived in that house, the first house?
Mr. Kalani: Well, the first house that was there, it was the, sugar house. There was no other house built on that place. The house that is built is on the other side.

Mr. Merriam: On the other side of what?
Mr. Kalani: On the Lahaina side.

Mr. Merriam: So that the present house, that Jas. L. Cornwell lives in is on the Lahaina side of this location?
Mr. Kalani: Yes.

Mr. Merriam: On the flat land?
Mr. Kalani: Yes.

Mr. Merriam: Near the sea?
Mr. Kalani: Yes.

Merriam: Makai of the Government road?
Mr. Kalani: Yes.

Mr. Merriam: Do you know who built the present house that Jas. L Cornwell lives in?
Mr. Kalani: Cornwell.

Merriam: Did he build it for his own use?
Mr. Kalani: Yes.

Merriam: Who lived in the same house with him as his wife?
Mr. Kalani: Kapu.

Mr. Merriam: This flat land on the Lahaina side of Maalaea bay, where the Cornwell house stands, is known under what name of land?
Mr. Kalani: Maalaea is the general name of the whole place.

Mr. Merriam: Is there any local name?
Mr. Kalani: No, known as Maalaea.

[page 483]
Mr. Merriam: The present Cornwell house is situated and located on whose land; does he know?
Mr. Kalani: Before the lands belong to him, now, I think it belongs to the Government.

Mr. Merriam: Do you know the location of the boundary line between the land of Waikapu and Ukumehame, makai of the Government road?
Mr. Kalani: Yes.

Mr. Merriam: Where is that boundary line; below the Government road?
Mr. Kalani: Right at the Spring that we dug is a cliff, rock; Waikapu is separated and Ukumehame is separated.

Mr. Merriam: How do you know that?
Mr. Kalani: Because Cornwell came down and told us not to dig the well on that place, because it belongs to Ukumehame.

Mr. Merriam: When you dug this well for Mr. Cornwell for the spring water, you dug a hole how wide and how deep?
Mr. Kalani: 6 feet deep and 4 feet wide.

Mr. Merriam: When did you dig this well, what year, or about what time?
Mr. Kalani: That is the thing I do not remember.

Mr. Merriam: Which Cornwell gave you orders to dig the well?
Mr. Kalani: Father.

Mr. Merriam: Henry?
Mr. Kalani: Yes.

Mr. Merriam: You spoke of Pali Ha`i section being about the same condition as it was when you were a boy, and said that the road is still there?
Mr. Kalani: It is a mark going up, that is the only thing left.

Mr. Merriam: He means that the road of his childhood days, is the old trail of to-day?
Mr. Kalani: Yes.

Mr. Merriam: And not the present Government road?
Mr. Kalani: No.

Mr. Merriam: "You made a statement that Kapoli was a wide space, [page 484] What did you mean by "Kapoli" when you said "Kapoli was a wide space"?    _.
Mr. Kalani: In the olden time, they call that place "Kapoli” a big space.

Mr. Merriam: You then indicate that Kapoli was a wide space?
Mr. Kalani: Yes.

Mr. Merriam: And mean by that, that it is a name given to a land area there?
Mr. Kalani: Yes.

Mr. Merriam: How many acres do you think there would be in the land called "Kapoli"?
Mr. Kalani: I think: it is over 2 acres.

Mr. Merriam: I think that is all.

Moke Kalani on re-direct examination

Mr. Hewitt: (showing witness a sketch) This little sketch drawn by Mr. Newton, represents here the road to Wailuku and this way to Lahaina; and this represents the Cornwell present house; where is your house located?
Mr. Kalani: My house is at Kalama.

Mr. Hewitt: Which way did you mean toward Wailuku or Lahaina?
Mr. Kalani: Toward Lahaina.

Mr. Hewitt: Where is the approximate location of Kapoli on this?
Mr. Kalani: It is not so close to the house, it is further over from the house.

Mr. Hewitt: Tell him this is the beach.
Mr. Kalani: (Points out X on the sketch) a big rock is just below. (rocks marked a,b,c).

Commissioner: He said that Kapoli was a piece of land approximately 2 acres; tell him to put a line on this side of the land and line on the other side as it runs on the coast; the land he knew as "Kapoli".

Mr. Kalani: There is a house, Haleole house.

Commissioner: Near the wharf?
Mr. Kalani: Not very close to the wharf. (Draws diagram from Haleole house passing the Cornwell house).

Mr. Merriam: What is that known by?
[page 485]
Mr. Kalani: I think that is 2 acres.

Mr. Merriam: And known by what name?
Mr. Kalani: Known as Kapoli.

Mr. Hewitt: Offer this sketch in evidence.

Moke Kalani on re-cross examination

Mr. Merriam: In your statement regarding the boundary below the Government road, you said it reached a cliff or rock; how high above sea level was that cliff or rock?
Mr. Kalani: Not very high.

Mr. Merriam: How many feet?
Mr. Kalani: Over three feet, about as high this table.

Mr. Merriam: Was the cliff or rock makai or mauka of that old trail of your boyhood days?
Mr. Kalani: At makai, lower.

Recess of ten minutes.

Mrs. Piimoku called and sworn.

John Ferreira as Hawaiian Interpreter.

Mr. Hewitt: Your name, please?
Mrs. Piimoku: Piimoku.

Mr. Hewitt: How old are you?
Mrs. Piimoku: 73.

Mr. Hewitt: Where were you born?
Mrs. Piimoku: Lahaina.

Mr. Hewitt: How long did you live there?
Mrs. Piimoku: I think I was about 15 years.

Mr. Hewitt: And then where did you go?
Mrs. Piimoku: Came to Waikapu.

Mr. Hewitt: Have you lived at Waikapu ever since?
Mrs. Piimoku: I lived in Wakapu [sic], married, had children and grandchildren.

Mr. Hewitt: You are almost a kamaaina?
Mrs. Piimoku: I am a kamaaina at this time.

Mr. Hewitt: Do you know where Kapoli Spring is?
Mrs. Piimoku: It is where it is until now.

Mr. Hewitt: Where is that?
[page 486]
Mrs. Piimoku: At Maalaea.
Mr. Hewitt: Where in relation to the Cornwell beach house?

Mrs. Piimoku: Cornwell house is quite a distance, this spring is near the rocks.
Mr. Hewitt: How many?

Mrs. Piimoku:  Lot of aa there, stones there.

Mr. Hewitt: Are there any unusually  large stones there?
Mrs. Piimoku: That is where they leave the naval of children; in those rocks.

Mr. Hewitt: How many of those big rocks?
Mrs. Piimoku: Two.

Mr. Hewitt: And what did they use to do with those rocks?
Mrs. Piimoku: I do not know. The people, older people say
to put the navel there and the children go and come back to the parents.

Mr. Hewitt: They us used two of those rocks for that?
Mrs. Piimoku: There is only one stone they reserve for that, makai of the spring, there is a flat rock there.

Mr. Hewitt: Making how many large stones?
Mrs. Piimoku: Two.

Mr. Hewitt: Are there any smaller rocks?
Mrs. Piimoku: Lot of them; it is a point.

Mr. Hewitt: Where in relation to these rocks is Kapoli spring?
Mrs. Piimoku: Rocks are makai and Kapoli is mauka side, only a little spot; when Cornwell raised cattle and dug it up, dug it up for place for the cattle to drink.

Mr. Hewitt: Right near the spring?
Mrs. Piimoku: Yes.

Mr. Hewitt: Is that the only spring known by the Hawaiians as "Kapoli Spring"?
Mrs. Piimoku: Yes.

Mr. Hewitt: Do you know, Piimoku, that place where the cliff goes up straight on the Lahaina aide of Kapoli?
Mrs. Piimoku: Pali Ha`i.

Hewitt: Where does Pali Ha`i i begin as you go from the Cornwell house toward. Lahaina?
Mrs. Piimoku: It commences from Pohaku Puupuu, goes to Pali [page 487] Ha`i, and then to Waiku`i.

Mr. Hewitt: What is this Pohaku puupuu?
Mrs. Piimoku: Stones lumpy, here and there.
Mr. Hewitt: How big are those lumps of stones?
Mrs. Piimoku: Just like my fingers.

Mr. Hewitt: How big is the whole lump?
Mrs. Piimoku: this big rock between  those rocks, are the small ones, like marble.

Mr. Hewitt: Where is Pohaku puupuu in regard to the big Pali?
Mrs. Piimoku: right close.

Mr. Hewitt: How close is it to Pali Ha`i?
Mrs. Piimoku: About a space, there is a road, ally, leading between these rocks going to the beach.

Mr. Hewitt: Between Pali Ha`i and  Puupuu?
Mrs. Piimoku: Yes, there is a road for people to go to fishing.

Mr. Hewitt: On the beach?
Mrs. Piimoku: Yes.

Mr. Hewitt: How long has Pohaku puupuu been in that location?
Mrs. Piimoku: I am old now; has been there all that time.

Mr. Hewitt: Has it been there ever since you can remember?
Mrs. Piimoku: It has been there all the time until now.

Mr. Hewitt: You say that Pali Ha`i extends over to Waiku`i?
Mrs. Piimoku: Waiku`i is above Cornwell's house.

Mr. Hewitt: Which way?
Mrs. Piimoku: Waikapu side.

Mr. Hewitt: What is there?
Mrs. Piimoku: The water of Waiku`i.

Mr. Hewitt: You said awhile ago, that Pali Ha`i runs from Pohaku puupuu to Waiku`i?
Mrs. Piimoku: Yes.

Mr. Hewitt: In what direction are you going from Cornwell's house when you go from Pali Ha`i to Waiku`i?
Mrs. Piimoku: On the Ukumehame side, going this way.

Mr. Hewitt: So Waiku`i is on the Ukumehame side of the Cornwell beach house?
Mrs. Piimoku: That is what I think.

Mr.Hewitt: What is there at Waiku`i?
[page 488]
Mrs. Piimoku: There is a little well, where the people go and drink, Hawaiians use [used]  to go and drink.

Mr. Hewitt: Was there as much water there as Kapoli?
Mrs. Piimoku: No, Kapoli has more water.

Mr. Hewitt: Do you know of any other spring in that vicinity besides Waiku`i and Kapoli?
Mrs. Piimoku: Right above Kapoli, when they blasted rock for the road, they found water.

Mr. Hewitt: I mean in the olden days?

Mrs. Piimoku: No, no other but the two.

Mr. Hewitt: Has there been much change in, that coast in Pali Ha`i i since you were a child?
Mrs. Piimoku: No, just the same. When it is very high tide, hits on the rock and dirt goes off.

Mr. Hewitt: How much change has taken place in the Pali, how much has it gone back, since you were a child.
Mrs. Piimoku: I think it is only one foot.

Mr. Hewitt: That is all.

Mr. Merriam: No cross-examination.

Mr. Hewitt: That concludes contestants' case.
Commissioner: Contestants rest.

Recess.

Joseph Cockett called and sworn

Mr. Merriam: Your name is what?
Mr. Cockett: Joseph Cockett.

Mr. Merriam: Where do you reside?
Mr. Cockett: Waikapu.

Mr. Merriam: For how long have you resided there?
Mr. Cockett: My birthplace.

Mr. Merriam: Are you acquainted with Kamaka Kailianu?
Mr. Cockett: Yes air, I know him well.

Mr. Merriam: Did you go with Mr. Baldwin to see Mr. Kamaka Kailianu at Waikapu?
Mr. Cockett: Yes sir.

Mr. Merriam: Did Mr. Baldwin ask Kamaka Kailianu what he knew of the boundary line between the two lands of [page 489] Ukumehame and Waikapu at the beach makai of the Government road?
Mr. Cockett: I do not know.

Mr. Merriam: Did Mr. Baldwin ask Kamaka Kailianu what he knew of the boundary line between the two lands of Ukumehame and Waikapu?
Mr. Cockett: Yes.

Mr. Merriam: What did Kamaka Kailianu say?
Mr. Cockett: He says up the road on X, the boundary, and he stated that was flat stone marked X; that is I never know. Mr. Baldwin said he found it out.

Mr. Merriam: What did he say about his knowledge of the boundary line between Ukumehame and Waikapu?
Mr. Cockett: He stated he did not know.

Mr. Merriam: He didn't know anything about that section of the boundary line?
Mr. Cockett: He stated he did not know.

Mr. Hewitt: Did Mt. Baldwin ask Kailianu where Kapoli spring was?
Mr. Cockett: Yes.

Mr. Hewitt: He told Mr. Baldwin?
Mr. Cockett: Yes, and he said he knows the spring water.

Mr. Hewitt: What did Mr. Baldwin say when the conversation was finished?
Mr. Cockett: Nothing.

Mr. Hewitt: He did not say it was a hard case?
Mr. Cockett: He said he could not find out the regular kamaaina.

Mr. Hewitt: Did he make a remark "hard case"?
Mr. Cockett: I did not hear that.

Mr. Merriam: That closes our case.

Argument by counsel.
[page 490]
Commissioner: In the Matter of the Settlement of the Boundaries of Kapoino, on appeal from the Boundary Commissioner to our Supreme Court, (Volume 8, page 2), the Court says:

"Testimony of persons familiar with the boundaries of lands in this Kingdom is becoming more and more difficult to obtain as the old Hawaiians die off; and appeals from Boundary Com missioners present questions of fact difficult to settle."

Thirty eight (38) years later the undersigned, as Commissioner, is much impressed with the correctness of this statement.

The Commissioner accepted the opportunity of inspecting the several localities said to play a part in marking the boundary line between Waikapu and Ukumehame; among others the wind-ridden spot referred to in the testimony as "Ridge Point A", where even a metal weather-cock would be warranted in striking because of long hours. On “Ridge Point A" we found several piles of stone. Perhaps, more correctly speaking these should be referred to as having formerly been piles of stone; Down through the years, as Surveyors have had occasion to visit this ridge, each has made an 'honest guess' as to which pile of stones really represented the true ridge point in the Alexander survey.
From the evidence, oral and documentary, aided very much by a personal: view of the premises, the Commissioner feels quite satisfied, and finds, that the particular point on the ridge, as claimed by Petitioners, and as determined by M. Erdmann D. Baldwin, to be the true crown top point is approximately correct. It is on the ridge. It appears to be the highest point. It is a station from which other points, both above and below, are clearly visible.

[page 491]
Decision
Upon the evidence adduced; proceedings had, and information derived from a personal inspection of the several points involved, the Commissioner decides that the true, lawful and equitable boundaries of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, are as claimed by the Applicants, to-wit:

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 55' 16,300 feet from a granite post, marking the southeast corner of the Ahupuaa of Wailuku, and running by true azimuths:

1. 115° 55' 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the co-ordinates of said Pohakoi rock, referred to Luke Trig. Station, (of the U. S. Coast and Geodetic Survey), are 4438.90 feet south and 3092.05 feet west;
2. 106° 151 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge, to stone post, on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up on the top of this ridge, to a point on the main Iao Valley ridge. The direct azimuth and distance being 83° 30' 3480.0 feet;
5. Thence along Wailuku, along up the center of the ridge, following the watershed, to the top of the ridge, forming the head of Ukumehame Valley; the direct azimuth and distance being 67° 00' 12,460.0 feet.
6.  Thence along Ukumehame, along the top of the ridge, along Ukumehame Valley, to the top of the ridge, forming the southeast head of Ukumehame valley; the direct azimuth and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the top of the ridge following the water shed, to the Forest Reserve monument, on top of Puu Anu Hill, the direct azimuth and distance being 325° 50' 5095.0 feet; [page 492]
8. Thence along Ukumehame, along down the top of the ridge, along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3676.0 feet;
9.  hence along Ukumehame, along down the ridge along the south side of Pohakea Gulch, to a 1 1/4 inch galv. pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02+ 30" 6891.0 feet;
10.  258° 37' 30" 4216.8 feet, along Ukumehame, to a cross on large rock. The cross on large rock is located 85 feet mauka from the present Government Road, and bears from Puu Hole Trig. Station, by azimuth and distance 144° 15' 1238.2 feet;
11. 14° 45' 9563.4 feet, along Ukumehame, passing over three one inch pipes, set in concrete monuments, one at 8925.0 feet, located on the north side of the road to Lahaina, the second at 9308.2 feet, and the third at 9444.6 feet. The azimuth 14° 45', is used on this line, as established by S.M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
12. Thence down the pali to the Sea-coast, on azimuth 296° 20' 147.0 feet
13. Thence along the sea, to a point, about 75 feet south of the old Maalaea Wharf, said point being azimuth and distance 338° 27' 135.0 feet' from a one inch pipe in concrete monument, located on the mauka side of the Government Road, near the bend of said road. The direct azimuth and distance from end of course 12, being 226° 57' 1412.4 feet;
14. Thence along the sea, to the boundary of Pulehunui, - the direct azimuth and distance being 279° 21' 15,366.5 feet;
15. 180° 24' 3538.0 feet, along Pulehunui, to a stone marked thus [curving up arrow];
16. 170° 08' 9383.0 feet along Pulehunui191° 49' 4312.0 feet along Pulehunui, to a stone marked thus [curving up arrow], amongst a lot of stones;
17. 229° 45' 5147.0 feet along Pulehunui;
18. 228° 51' 1780.0 feet along Pulehunui to the point of beginning.
Containing an area of 15,690 Acres, (more or less).

D.H. Case, Commissioner of Boundaries, Second Judicial Circuit, Territory of Hawaii.
[page 493]

See Decision of Supreme Court in re Appeal of this case in 31 Haw. 31, 118, also this book for new certificate No. 230 on pages 529-532.

The Ahupuaa of Waikapu in the District of Wailuku, Island of Maui, Territory of Hawaii, Royal Patent (Grant) 3152, to Henry Cornwell

Before the Commissioner of Boundaries, Second Judicial Circuit,
Daniel H. Case, Esquire, Commissioner

In The Matter of The Boundaries of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii.

Certificate
As Commissioner of Boundaries for the Second Judicial Circuit, Territory of Hawaii, I hereby certify that the true lawful and equitable boundaries of the Ahupuaa of Waikapu, in the District of Wailuku, Island of Maui, Territory of Hawaii, are as follows

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being azimuth and distance 115° 55' 16,300 feet from a granite post, marking the southeast corner of the Ahupuaa of Wailuku, and running by true azimuths:

[page 494]

1. 115° 55' 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the co-ordinates of said Pohakoi rock, referred to Luke Trig. Station, (of the U. S. Coast and Geodetic Survey), are 4438.90 feet south and 3092.05 feet west;
2. 106° 151 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge, to stone post, on the crest of ridge, known as Kalapaokailio;
4. Thence along Wailuku, along up on the top of this ridge, to a point on the main Iao Valley ridge. The direct azimuth and distance being 83° 30' 3480.0 feet;
5. Thence along Wailuku, along up the center of the ridge, following the watershed, to the top of the ridge, forming the head of Ukumehame Valley; the direct azimuth and distance being 67° 00' 12,460.0 feet.
6.  Thence along Ukumehame, along the top of the ridge, along Ukumehame Valley, to the top of the ridge, forming the southeast head of Ukumehame valley; the direct azimuth and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the top of the ridge following the water shed, to the Forest Reserve monument, on top of Puu Anu Hill, the direct azimuth and distance being 325° 50' 5095.0 feet; [page 492]
8. Thence along Ukumehame, along down the top of the ridge, along the south side of Pohakea Gulch, to a 1 1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3676.0 feet;
9.  hence along Ukumehame, along down the ridge along the south side of Pohakea Gulch, to a 1 1/4 inch gale. pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02+ 30" 6891.0 feet;
10.  258° 37' 30" 4216.8 feet, along Ukumehame, to a cross on large rock. The cross on large rock is located 85 feet mauka from the present Government Road, and bears from Puu Hole Trig. Station, by azimuth and distance 144° 15' 1238.2 feet; [page 495]
11. 14° 45' 9563.4 feet, along Ukumehame, passing over three one inch pipes, set in concrete monuments, one at 8925.0 feet, located on the north side of the road to Lahaina, the second at 9308.2 feet, and the third at 9444.6 feet. The azimuth 14° 45', is used on this line, as established by S.M. Kanakanui, for a Government Lease of a portion of Ukumehame to the Wailuku Sugar Company;
12. Thence down the pali to the Sea-coast, on azimuth 296° 20' 147.0 feet
13. Thence along the sea, to a point, about 75 feet south of the old Maalaea Wharf, said point being azimuth and distance 338° 27' 135.0 feet' from a one inch pipe in concrete monument, located on the mauka side of the Government Road, near the bend of said road. The direct azimuth and distance from end of course 12, being 226° 57' 1412.4 feet;
14. Thence along the sea, to the boundary of Pulehunui, - the direct azimuth and distance being 279° 21' 15,366.5 feet;
15. 180° 24' 3538.0 feet, along Pulehunui, to a stone marked thus [curving up arrow];
16. 170° 08' 9383.0 feet along Pulehunui191° 49' 4312.0 feet along Pulehunui, to a stone marked thus [curving up arrow], amongst a lot of stones;
17. 229° 45' 5147.0 feet along Pulehunui;
18. 228° 51' 1780.0 feet along Pulehunui to the point of beginning.
Containing an area of 15,690 Acres, (more or less).

In Witness whereof, I have hereunto set my hand this 30th day of December 1927.
D.H. Case, Commissioner of Boundaries, Second Judicial Circuit, Territory of Hawaii.


Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, Maui, Volume 3, No. 2, pps. 529-532

[Margin note:] See this book page 493 for first Certificate No. 230 and Decision of Supreme Court on appeal by Territory in 31 Haw. 43, 118.

Before the Commissioner of Boundaries in and for the Second Judicial Circuit, Territory of Hawaii.

In the Matter of the Application of the Wailuku Sugar Company, and the Hawaiian Commercial & Sugar Company, for a Certificate of Boundaries, for the Ahupuaa of Waikapu, located in the District of Wailuku, Island of Maui.

Commissioner: Daniel H. Case

Certificate of Boundaries No. 230 Certificate Boundaries in Conformity with the Decision of the Supreme Court of the Territory of Hawaii

In the above entitled proceeding for the settlement and a certificate of boundaries for the Ahupuaa of Waikapu, located in the District of Waikapu, Island of Maui, Territory of Hawaii, pursuant to the Decision of the Supreme Court made and entered in said cause on an appeal heretofore taken from the Decision of the Commissioner of Boundaries, Second Judicial Circuit, said Commissioner, in conformity with the Decree of the Supreme Court, finds the boundaries of said Waikapu to be as follows

[page 530]
That the true, lawful and equitable boundaries of the Ahupuaa of Waikapu, in the District of Waikapu, Island of Maui Territory of Hawaii, are as follows:

Beginning at the northeast corner of this land, at a place called Kaopala, said point being the northwest corner of Pulehunui, and said point being, by azimuth and distance, 115° 55' 16,300 feet from a granite post, marking the south-east corner of the Ahupuaa of Wailuku, and running by true azimuths:

1. 115° 55' 19,730.0 feet, along Wailuku, to Pohakoi, marked rock, the coordinates of which said Pohakoi rock, referred to Luke Trig. Station (of the U. S. Coast and Geodetic Survey), are 4438.80 feet South and 3092.05 feet west;
2. 106° 15' 5,326.2 feet, along Wailuku, up ridge;
3. 97° 30' 1,108.6 feet, along Wailuku, up ridge to stone post, on the crest of ridge, known as Kalapaokailio
4. Thence along Wailuku, along the top of this ridge, to a point on the main Iao Valley Ridge, the direct azimuth and distance being 83° 30' 3480.0 feet;
5.  Thence along Wailuku, along the center of the ridge, following the watershed, to the top of the ridge forming the head of Ukumehame Valley; the direct azimuth and-distance being 67° 00' 12,460.0 feet;
6. Thence along Ukumehame, along the top of the ridge along Ukumehame Valley, to the top of the ridge forming the south-east head of Ukumehame Valley; the direct and distance being 336° 43' 30" 9917.5 feet;
7. Thence along Ukumehame, along down the crest of the ridge following the watershed, to the Forest Reserve monument, on top of Puu Anu Hill, the direct azimuth and distance being 325° 50' 5085.0 feet;
[page 531]
8. Thence along Ukumehame, along down the crest of the ridge, along the south side of Pohakea Gulch, to a 1-1/4 inch galvanized pipe on top of hill; the direct azimuth and distance being 313° 56' 30" 3676.0 feet;
9.  Thence along Ukumehame, along down the ridge along the south side of Pohakea Gulch, to a 1-1/4 inch gale. pipe on top of hill on the ridge, the direct azimuth and distance being 275° 02' 30" 6891.0 feet;
10. 258° 3' 30" 4216.8 feet, along Ukumehame, to a cross on large rock. the cross on large rock is located 85 feet mauka from the present Government Road, and bears from Puu Hele Trig. Station, by azimuth and distance 144° 15' 1238.2 feet;
11. 14° 30' 9085.0 feet along the East boundary of the land of Ukumehame to high water mark at the seashore, being the point where a direct course from the cross on large rock mentioned in the preceding course, to Kapoli Spring, intersects the seashore at high water mark, and being also the southwest corner of the land of Waikapu;    the direct azimuth and distance from said point at the seashore (marking said southwest corner of the land of Waikapu) to an iron bolt at Kapoli spring, being 14° 30' 134.0 feet; said line from said point at the seashore to Kapoli Spring crossing and subtending below high water mark, a small indent or bay of the sea;
12. Thence along the sea to a point on the sea shore at high water mark about 75 feet south of the old Maalaea Wharf, said point being by direct azimuth and distance 338° 27' 135.0 feet from a 1 inch pipe in a concrete monument situate on the mauka side of the government road, near the bend of said road; and the direct azimuth and distance from the end of Course 11 to the said point on the seashore, about 75 feet south of the old Maalaea Wharf, being 246° 02' 1098.4 feet;
13. Thence along the sea to the boundary of Pulehunui, the direct azimuth and distance being 269° 21; 15,366.5 feet;
[page 532]
14. 180° 24' 3838.0 feet along Pulehunui, to a stone marked thus [curving up arrow];
15. 170° 08' 9383.0 feet along Pulehunui;
16. 191° 49' 4312.0 feet along Pulehunui, to a stone marked thus [up arrow to right], amongst a lot of stones;
17. 229° 45' 6147.0 feet along Pulehunui;
18. 228° 51' 1780.0 feet along Pulehunui to the point of beginning:
Containing an area of 15,684 Acres.

For earlier proceedings had in this matter refer to pages 491-494 of this Volume.
Dated at Wailuku, Maui, Territory of Hawaii, this 22nd day of March 1935.
D.H. Case, Commissioner of Boundaries, Second Judicial Circuit Territory of Hawaii.

[No. 230, Waikapu Ahupuaa, Wailuku District, Island of Maui, Boundary Commission, 15684 Acres, 1935]