Waihona Aina

Halehaku Ahupuaa, District of Hamakualoa, Island of Maui, Boundary Commission, Maui, Volume 2, pps 223-244, also numbered 1-22

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

In the matter of the Application of the Hawaiian Commercial and Sugar company and Maui Agricultural Company, Limited, for a Certificate of Boundaries of the Ahupuaa of Halehaku, in the District of Hamakualoa, Maui. Territory of Hawaii.

Commissioner: Daniel H. Case

Under date of April 4th, 1924, the Hawaiian Commercial and Sugar Company, a California Corporation, and the Maui Agricultural Company, Limited, a Hawaiian corporation, filed their petition alleging that they were owners, as tenants in common, of the major portion of the Ahupuaa of Halehaku, in the District of Hamakualoa, Island of Maui, Territory of Hawaii; petitioners applying for a decision and certification of the boundaries of said Ahupuaa of Halehaku in accordance with the provisions of Chapter 31, revised Laws of Hawaii 1915, as amended.

In their application the petitioners stating that the Ahupuaa of Halehaku was awarded, by name only, to Keone Ana, by Land Commission Award 8515, Apana 3, and was granted and conveyed to said awardee by Royal Patent 1666, also by name only;

The petitioners here set forth at length the particular lands bounding and adjoining the Ahupuaa of Halehaku, and the names of each of the owners thereof; also alleging that, located within the outer boundaries of said Ahupuaa of Halehaku were numerous kuleanas and a government road, these constituting ?exceptions"; a detailed description of each of these ?exceptions" and road ways being set out in the petition.

A map is attached to and submitted with the application, showing the location, natural, topographical features, prominent and other marks along the boundary line, and all kuleana boundaries; bearings and distances of each course given in the description of survey, and certain other data from field notes.

Petitioners pray that a date and place for the hearing on the application be set, notice thereof, as required by law, given to each of the petitioners, as owners, to the owners of all adjoining lands, and to the owners of all kuleanas, and to the Territory, as well as others found to be interested; the matter in issued heard and determined, and the boundaries of the Ahupuaa of Halehaku, and of the kuleanas excepted therefrom, be decided and certified in accordance with the facts and law.

[page 224 and page 2]
Hearing on the petition was set before the undersigned, as Commissioner of Boundaries, for the Second Circuit, in the Court Room of the Circuit Court of the Second Judicial Circuit, Wailuku, Maui, on Thursday, the 6th day of May, 1924, at 10:00 o'clock a.m.

Written notice of the day and place of hearing was sent, by the Commissioner, by registered mail, on or before the 10th day of April, 1924, to the Territory of Hawaii, Charles T. Bailey, Commissioner of Public Lands, Honolulu, with a copy of the map attached; to the Hui Aina o Peahi, care of Fred Wilhelm, Secretary, Huelo, Maui, with a copy of the map attached; the Haleakala Ranch Company, Makawao, Maui; the Hawaiian Commercial and Sugar Company and the Maui Agricultural Company, Limited; and also to each and every of the surrounding owners and kuleana owners within said ahupuaa.

Notice by publication was also had as follows: In the English language in the "Honolulu Advertiser" published in the City of Honolulu; in the English language in the "Maui News" published in Wailuku, Maui; and in the Hawaiian language in the "Nupepa Kuakoa" published in the City of Honolulu.

No person appeared making or raising objection to the prayer of the petition.

At the hearing had, on Thursday, May 6th, 1924, Mrs. E. Sinclair acted as Stenographer, and Mr. T.B. Lyons as Interpreter; at which time the following proceedings were had and taken.

Commissioner: As Commissioner of Boundaries I am prepared to proceed with the application of the Hawaiian Commercial and Sugar Company for a settlement and certification of the boundaries of Halehaku and certain kuleanas and other parcels of land situated therein; and also with the application of the Maui Agricultural Company, Limited, for a certificate of boundary of the land of Opana Uka in the District of Hamakualoa.

Mr. Warren: I take it that the Commission is satisfied as to the sufficiency and regularity of the notice given in both these matters, but perhaps it would be well to inquire if there is anyone here interested in either of the petitions.

Commission: Mr. Lyons, will you serve as Interpreter in this case? You are not, I understand, interested in any of these matters?
Mr. Lyons: No.

Commission: The Commission will appoint Mrs. Sinclair to serve as Clerk and reporter for the commission at these two hearings, and Mr. T.B. Lyons to serve as Hawaiian interpreter.

Commission: Will you please state, in Hawaiian, to all present that we are now proceeding with the hearing of these two applications, and if they wish to express themselves with reference to the matter they are privileged, or course, to do so.

Mr. Lyons reads substance of Applications.

Commission: Will you also say that this is not before me as Circuit Court Judge. It is before me as Commission of Boundaries. You might also say that we are not trying the title to [page 225 and page 3] any land, but merely fixing the boundaries. State that the commissioner understands that this is more or less, if not wholly, a friendly proceeding and that there is no contest as far as the Commissioner knows. However, if any wishes to contest, or has anything to say, now is the time to speak.

Commission: Can you think of anything else necessary to say at this time?

Mr. Warren: It occurs to me that we might take up the Halehaku application first for the reason there are no kuleanas in the other piece; and kuleana holders would not have to awat [sic wait] hearing on the second application. I would also like to file a duplicate of a letter to the Commissioner of Public Lands with respect to Halehaku, indicating that he has checked the boundaries, which might be interesting to kuleana holders.

Mr. Weaver: In this matter I desire to appear for certain shareholders - for one and one-half (1 1/2) shares of Peahi Hui. I appear for Alexander Joseph Smith, also known as Joe Smith, James Kuakini Smith, Alexander H. Smith, William Sylvester Smith, Edward Smith, Leonora Laki Smith, also known as Laki Smith (kane [sic?]), Agnes Smith Palikapu, also known as Halaki or Harriet Smith Polikapu, and Louise Smith, also known as Camila Smith or Kamila Smith Jr. I wish to have it appear of record that we consent to this boundary commission and join in requesting that the Commissioner settle boundaries.

Commissioner: Before proceeding I might say that in addition to the publication of notices of these two hearings in the newspapers, a copy of the notice in each of these matters was forwarded to the parties specifically mentioned in the two applications; by registered mail, and the Commissioner has the returned registration cards in every instance but one. As to that one, the Commissioner, not receiving any return card, placed a copy of notice in the hands of the Sheriff's Department, and personal service was had on the party; so that each and every of the parties who are mentioned in the two applications have been personally served.
Proceed with the first hearing.

Mr. Warren: In that connection may it be made clear that every person named as adjoining owner has received a copy of the boundary as claimed for the land; that every person named as kuleana holder received a description of the kuleana boundary itself and not of the outside boundary.

Commissioner: that is correct - each of the parties named in each of the applications received a notice - such as is by law required. Do you wish this letter interpreted from Mr. Wall, as Surveyor of the Territory, to the Commissioner of Public Lands?

Mr. Warren: I think it might be a matter of satisfaction to them to know that the Surveyor of the Territory has carefully checked every one of them, and found they are correct.

Commissioner: Read this letter, dated May 5th, 1924, written by Walter A. Wall, Surveyor of the Territory of Hawaii, to C.T. Bailey, Commissioner of Public Lands for the Territory of Hawaii, stating what has been done by their department in checking up the surveys submitted by the applicants in this case. You might also say that the letter is read so that they may all know that the Survey Department of the Territory has checked all that up and it is correct, and that these two minor changes here mentioned are agreed to by the Petitioners.

[page 226 and page 4]
Mr. Warren: I take it you are familiar with the petition and will not require that read. There is one thing I would like to have made of record. The Hui Peahi is the owner of land adjoining one side of Halehaku and the boundaries described in this petition, and shown on the map, anc [sic and] accord identically with the boundary between Halehaku and Peahi as are described in the Partition proceedings now pending before the circuit court; also that the same were discussed and approved at a general meeting of the Hui. Mr. Wilhelm and Mr. Pogue are here representing the Hui, and if you think it desirable can testify that the boundary now is the same as that boundary, and unless there is some objection to the petition I take it that will not be necessary.

Commissioner: Some of the Officers of the Hui are here?

Mr. Warren: The Hui is satisfied with this boundary?
Mr. Wilhelm: Yes.
Commissioner: The record may show that Mr. Wilhelm, Secretary of the Peahi Hui, accepts the boundaries in so far as the Hui is concerned – set forth in the applications to be settled and certified to.

Mr. Warren: One more thing – there was, in earlier years, a question whether a part of the land which has been called West Halehaku was Peahi Hui land or not – it is not and never was within the boundaries of Peahi Hui land, but logically it should have belonged to Peahi because it was divided by the gulch and stream; the title to that land was in Maui Agricultural Company, Ltd., and was deeded to Peahi Hui, so that it has been added to the Peahu Hui lands and not included in the partition case, but that doesn't affect the question of boundary. I take it if there is no objection the Commissioner will grant it, as a matter of course, without submitting evidence.

Commissioner: no evidence is called for in so far as I can see. We are now to consider, at this particular time, the application of the Hawaiian Commercial and Sugar Company for settlement and certification of Halehaku and the kuleanas and of the parcels of land located within them.

Mr. Warren: The secretary of the Peahu Hui has with him the minut ....