The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-10-15

we have received d report OF a case tried at
the Makswao District Court which if accurate
calls for some comment Kane, by his father
Manoa brought a sui, on the 2Oth September to
obtain possession from Pookahi (w) of premises
which she is occupying and which he had pur-
chased from her brother before his death. Ac-
scording to the plaintiffs evidence he had paid
ten dollars on account Of eighty. the price Of the
Hand, and had obtained from defendant brother
b conveyance Of the land which proved on exami1
patton not to have been acknowledged before any
authorized person. An ordinary eiectment suit
cannot be brought in a District Court, bat plain
tiff counsel, who Is also the depusy-sheriff Of the
district, brought this action for him, under Sec1
stion $40 Of the Civil Code, which refers only toI
the case Of a landlord who desires to turn out
" refractory tenant who refuses to quit alter duel
notice has been given to him. Hon. c. X. Ka-I
Epule who appeared for defendant moved to haveI
the case dismissed and called the attention Of theI
Judge to Section IllS-3O of the Code which,
prescribe the form which an action of this
character should take. Judgment was given for
the plaintiff, but an appeal was noted. The fol-.
flowing letter contains a severe commentary on thisI
ease. We are not prepared to offer an opinionI
upon it, having only one view OF the question:
before US; but we entirely agree with our cor
respondent as to the undesirabiIity of allowing
pur Deputy Sheriffs to practice in the courts of
which (by virtue of their ofice) they are the
servants.-ED. p. c. Al
The above case is one of the many instances Of
imposition upon Hawaiian people. The de-
is an aged, infrm and destitute woman,
on a homestead inherited from her brother,
and contrary to all law and right, she will not
be allowed to linger out tho remainder of her
days in quiet, but must be oppressed by law
suits in addition to the natural troubles wbichf
are sure to old age, in order to ~retaInE
her all-the little patch OF land. against design-A
ing parties, who have not a shadow OF rights
in the premises, and, being oppressed, too, by N
deputy sheriff misleading the plaintiff, by get
ting him to bring suit against such a destituteN
poor creature. Who ever heard of an action of
being brought before in a district
court in tins kingdom? No, not even the most
native lawyer would think of doing
such an absurd thing. 1t remained for al
q deputy sheriff to do so, and for a
foreigner, a district justice to assume jurisdic-
ton of such a case. Ii would be cause enough
Of complaint to have deputy sheriffs engaging
in outside business, and negIecting the duties for
they are too we'll paid by the Government,
even, if they had the requisite education and
1'@ AaM
this instance, which is only one among thousands
Of similar ones, where instead Of making some
Effort to discover and bring to justice the perpe- y
OF the many outrages and fragrant crimes IS
such as murder, burglary, larceny, and ~illicit
in liquor, which are openly carried on&
their very noses, they mostly put in their &
lime in doug mischief by misleading the peoPleE
INTO absurd litigation, and thereby becoming the Z
most cruel oppressors of the nation, while theh
the illicit liquor dealer, and all man.
ler Of criminals go UNPUBLISHED through their
neglect of duty. 1t will be readily admitted
the welfare of the people and Government
principally dependent on the faithful and eff
,ient administrator Of the police department on
he kingdom but how can that be done, when
IL already SAID, those or a great part of them
whose duty it is to attend such matters, are en-
jagged as pettifOggers, pretending to be lawyers e
without the necessary knowledge or skill and
's is well known, outside enterprise has a tendency
o check their vigilance in respect to public duties. e
That country suffers a wretched state of affairs =
whose police regulations are subjected to the ind
luence of personal friendships. Still worse is il
when judicial action is made subservent to they
and despotism of petty police officers /;
nd that community is dead to it's own interests
which will tamely submit to such a state Of
hings.