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Kealakekua awa a me kahi Honua ikai portion of Ahupuaa, District of South Kona, Island of Hawaii, Boundary Commission, Volume D, pps 64-81
Hilo, Hawaii, June 10, 1892
In Re Boundaries Kealakekua, awa a me kahi Honua ikai
Application for settlement of the Boundaries of a portion of the Land of Kealakekua, District of South Kona, Island of Hawaii called "Kealakekua, awa a me kahi Honua ikai," having been filed with the Commissioner of Boundaries for the Island of Hawaii, by J.F. Brown, of the Government Survey Office, in behalf of the Hawaiian Government, in April A.D. 1892, and notice of hearing this day, at Hilo, Hawaii, having been duly published in the Hawaiian Gazette, and Kuokoa, newspapers, in May, and by mutual consent is continued to be heard at Kealakekua.
Notes of Survey, and plan, filed.
Hawaiian Government Survey
Honolulu, Hawaiian Islands, April 16th 1892
Honorable F.S. Lyman, Boundary Commissioner for 3rd Judicial Circuit, Hilo, Hawaii
Sir:
By instruction of His Excellency, the Minister of Interior, I hereby make application for the settlement of the boundaries of that portion of Kealakekua, Kona, Hawaii, described in Civil Code list of Government lands (page 380) as "Kealakekua, awa a me Kahi Honua i kai."
The accompanying plan shows by the green line, the boundaries of the tract as claimed by the Government, the notes of survey herewith conforming to said line.
The adjoining interested parties are, as far as I know, the Estate of Mr. Greenwell, owning the land of Kealakekua (Ahupuaa) and Kaui, living at Napoopoo, who is said to be the present owner of Grant 867 (Preston Cummings).
If you will set a day for hearing, which [page 65] will allow me to be present, or to send a brief of points in favor of the Government claim, you will oblige.
Your obedient servant
J.F. Brown
Government Survey Office, April 16th 1892
The outside boundaries of the Ahupuaa of Kealakekua have already been settled by Certificate No. 111. This tract claimed by Government being within said boundaries.
Although this tract may not be an Ili in the strict sense of the word, it seems to me that it is fully within the jurisdiction of the Commission under the ammendments [sic] of 1872, regarding "portions of Ahupuaas," Compiled laws Sec. 2, page 583.
Hawaiian Government Survey
Honolulu, Hawaiian Islands, November 22nd 1892
Honorable F.S. Lyman, Boundary Commissioner for 3rd Judicial Circuit
Sir: By virtue of the authority given me by the Minister of Interior under date of November 21st 1892 (copy of which is hereto annexed) I hereby make application for the settlement of the boundaries of that portion of Kealakekua, Kona, Hawaii, named in Civil Code list of Government lands as "Kealakekua awa a me Kahi honua i kai." The boundary as claimed by the Government, being shown by green line, of plan, and notes of survey conforming thereto, forwarded to the Commissioner under date of April 16th '92.
The adjoining interested parties are as far as I know the Estate of Mr. Greenwell, owning the Ahupuaa of Kealakekua, and Kaui living at Napoopoo, who is said to be the present owner of Grant 867 (Preston Cummings).
I remain Your obedient servant
J.F. Brown
[page 66]
Copy
Jacob F. Brown, Esquire, Honolulu
Sir:
You are hereby authorized during your continuance in the position at present held by you in the Government Survey, to make applications in behalf of the Minister of Interior, to the various boundary Commissioners for the settlement of the boundaries of Government lands, as the same may be needed, and to represent the Minister of Interior in the hearing of any such cases before the said Commissioners.
(signed) G.N. Wilcox, Minister of Interior
Kealakekua, South Kona, Hawaii, December 7th, 1892, at 2 p.m. after due notice to all parties interested.
Present: J.D. Paris, Jr.,; J.W. Smith; S. Lazaro, W.H. Greenwell, A.L. Greenwell, and others. All the above named persons having inspected the premises in question, with the Boundary Commissioner, proceeded to the parsonage of Kealakekua.
S. Lazaro, Deputy Sheriff, for the Hawaiian Government, W.A. Green, Arthur L. Greenwell for the Greenwell Estate.
Evidence
Kuanana, kane, sworn, I am a kamaaina of Kealakekua. I knew the land when held by Keohokalole and Kapaakea. I worked under them, and then the land was sold by them to Atkins, and I still lived on the land, under Atkins; then the land was sold to Paris, Senior, then sold to Logan, then to Paris again, and by him sold to Greenwell. I still lived on the land of Kealakekua. My father, Ialua, had a kuleana, at foot of pali; which Greenwell wished, and exchanged with me for a piece of land on the South side of the Heiau. [page 67] on Kealakekua; but lately, a government Surveyor, and Kanakanui told me I had no right there, which I referred to Mrs. Greenwell. It was last year.
The old Prison, on it was built by prison labor under Captain Cummings, while Keohokalole held the land. I do not know who gave leave to build the Jail there.
When Kapeau was the Governor, he came here to see about Jail and Government lands. I heard him dispute with Kapaakea. The Government claimed it for the Government, as the Jail was bu ....
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.... o. 7, page 335
(Signed) G.N. Wilcox, Minister of Interior
(Seal)
Kealakekua, May 195h, 1892
F. Lyman, Esquire
Dear sir:
I wrote today that I have placed the matter of the Land of Kealakekua in Mr. Hatch's hands. From what the Rev. J.D. Paris has written me, he considered the part now in dispute as his when he sold the Ahupuaa to my husband and I, of course, have believed it was ours, having leased the pond for a trifle yearly, to a native (that is, my husband did). The words "Aina a me kahi honua i kai" meaning the harbour and landing, which we have never disputed.
Yours truly,
E.C. Greenwell
Honolulu, May 27th, 1892
Honorable F.S. Lyman, Commissioner of Boundaries for the Island of Hawaii
Dear Sir:
In the matter of the Boundaries of a tract of land called "Kealakekua Awa a me Kahi Honua i Kai" set by you for hearing on June 10th, I desire to note an appearance for the owner of the Ahupuaa of Kealakekua.
After learning such testimony as many be offered on the 10th I desire you to fix a day [page 78] to go upon the land and take such testimony as may be produced at Kealakekua. Some time in the month of August would be most convenient.
Please let me know what day is selected.
Respectfully yours.
(Signed) F.M. Hatch
Honolulu, Hawaiian Islands, June 7, 1892
Honorable F.S. Lyman, Hilo
Dear Sir,
I read your letter to Mr. Brown. He agrees that the Boundary matter may stand over. He thinks some time may be found convenient to all parties to go to Kealakekua.
Truly yours,
(Signed) F.M. Hatch
Kealakekua, November 3d, 1892
F.S. Lyman, Esquire
Dear Sir:
Thank you for your letter of the 28th November.
In looking over my husband's papers, I find that on the 18th April 1888 you gave a certificate of Boundary of the Land of Kealakekua. Truly as a Royal Patent was granted at that time that boundary must stand. Also I have in my possession a letter written by the late Reverend J.D. Paris, where he tells me to contest it, that he asked the late Chief Justice Harris, and Andrews, their opinion of those words and they both told him "the Harbour and the Landing nothing more.
The Deeds give Kealakekua to the 1st purchaser, Mr. S. Atkins unreservedly, kuleanas excepted, and it is a great piece [page 79] of injustice to us, to try and take 15 acres away after having paid $12000 to Mr. Paris for the whole land [underlined]. It will be a fearful nuisance in many respects to us, as the only pond on the whole 9 or 10,000 is that on the beach.
I have made all sorts of inquiries of the natives and find that the old people who did know anything about it are all dead, and the young ones will be only too glad if it was made into homesteads. It is 35 years ago since the chiefess sold it. Why did the Government not look into it before? I have been quite ill during the last two weeks and all this worries me so. All I can say if we do not retain it, that it is a gross injustice toward us.
I will see that some one is down at Kealakekua on Wednesday, but I hardly see what we can do.
With kind regards and thanks for your letter.
Allow me to remain yours truly,
(Signed) E.C. Greenwell
Hawaiian Government Survey
Honolulu, Hawaiian Islands, November 22, 1892
Honorable F.S. Lyman, Boundary Commissioner for 3d Judicial Circuit
Sir:
Your letter of October 15, 1892 in Re Kealakekua "Honua i kai" was received and answer delayed until I could learn what was desired by Mrs. Greenwell's counsel. The steamer W.G. Hall leaves Honolulu December 9th [1892]; would it suit you to name a day and place that would enable us to take that steamer and return on her? Or might we, without appearing in person, submit briefs for your consideration, asking you to make such inspection of the land as you deemed necessary. From all I [page 80] can learn, there is but little kamaaina testimony of any value, Mr. Paris being no longer living. Kuanana living on the land is the only one of whom I have heard. I shall feel obliged if you can reply by return mail, so that we may make arrangements accordingly I send you an amended application for the settlement of this boundary believing that my application of April 16th '92 was lacing in formality,.
Yours respectfully,
(Signed) J.F. Brown
Government Survey
Honolulu, Hawaiian Islands, February 9th 1893
Honorable F.S. Lyman, Boundary Commissioner for 3rd Judicial Circuit,
Dear Sir:
Mrs. E.C. Greenwell has written to this office concerning the Kealakekua land in dispute with the Government. Among other things she refers to a Royal Patent found by Mr. Paris "which says that the chiefess sold the land and the Government relinquished all right in the land."
Never having heard before of such document I write to ask you to furnish us with a certified copy of the evidence as it would determine largely our further action in the matter.
Regarding your bill of services, I would suggest that you send me some authority to collect the same (if you wish me to do so) and I will do what I can to collect and forward it.
Yours truly,
(Signed) J.F. Brown
[No number; Kealakekua awa a me kahi Honua ikai portion of Ahupuaa, District of South Kona, Island of Hawaii, 1893; survey, dismissed?]