The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1882-06-14

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C-tvi1g grtis Cosrf g. Jatii G J
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N,uox vs.. Py-SA AND J. y. PuKru
The land Of Waikare il Kcclaupoko. oahu,
/ IS owned by a uuuher Ct H1vaiilns vhc have
assccistsd themselves as Hui or rartces-
ship Under a ccnsttuiicn- BY the ecrstitu-
/ .iCH & appears that the business Of the
/ ASSOCIATION is % be transacted by Luna (Cr
I srperiuts13sn.) and q secretary who are &c he
elcciei tv the members but the constitution
does ucs prescribe the lcrEth q the term q.
I c-scc uog that MAJORITY or plurality or any
other proportion O. votes Is necessary 90 clsl-
The plaintiff Ia this action claims 70 have
I bcgr clscta5 Luna az o meeting q the r1CD-
hers and that thereby the cd CScers who are
5s.cas1rts were displaced from ottcc. He
lrlr-s tiis aclc- 20 recover The hooks Of the
Hui and the cash In hand. and the Jury found
a Verde. 10 his favu-.
The following points are raisc3 by the Ex-
Cgrti-1s --
i-That The C5g1: erred ID i1struc.ins the
jury 3d1i the 7th Bylaw Of the Hui which
provides for special meetings did u1s prevent
special meetings being called ty a majority Of
ihs Uui
That the Court erred IN refusing 10
60
private member ct the HUI could call q LEGAL
meeting Cf the Hui.
E-ILat the Court erred 10 refusing 10
chl--e thlt majority CT the members Of tie
Hui could net under the Bylaws Of the Huf
call 8 meeting unless it was shown that the
L-l1 % t1g Hui had beer requested % call
meeting ard bad refused, according 20 section
The Court charged that the Hui was mn
perry controlled by the majority or those
Representing them, ard that If The Jury found
The plaintiff was The constituted Cffcer by
such majority they should ind for the plaintiff
Bylaw we translate as follows "Thcre
slal. be quarterly meetings gs this Assccia-
u-1. The Luna shall make O report 90 the
1ss--lltlcn @ The numbers OF persons renting
The l411- 10y leases, ard Of the money re-
-elvea by him. Bg. the first part Of this
article shall not apply If there shall he an
emergency IN reference 90 the HUI or q mem
her Of II, provided the Luna Is asked
We are q. tie opinion tia. where parties
owning land enter mo written agreements as
TO tie management Of their properly, whether
these take the form OF articles % cc-rartrsr-
ship -- @. constitution and bylaws. as IN
tins eLse, these should he upheld and en-
t-rcC1 by The courts as far 1s Is possible 90 do
81. II these agreements are found % work
1lsllv4-tl secusiv, they can be amended. and
d they should % found TO Be oppressive or
slarC-slv1 Of the right 1Eth minority. Tie
courts wgall relieve them.
Dr. tie case before Us, the 7th Bv-Lau. re-
L-lrgs that i- cases Of emergency lpirGsial
special meetings may be called, but as we
understand DO, the Luna must he asked ts gal
the meeting. IH case Of his refusal 90 DO So.
tl-1 the way would be open for any member
-. Tie Hl- % call the members together Its
possible that a request was made % the
former Luna the dgte1il1t Puka1 &. call the
special meeting at which ;be majority OF the
Hui c1s-e1 him from cficc. The evidence IN
Che case Is nos sent up with the Bill Of TX
-z1li5-s and We have now no certain means Of
4s-e-t4iri1s this fact. I- seems 20 Us. how
ever, ill- the learned justice who presided d.
.lc trial should have charged as rtrusstcE bv
the defendants counsel IN bis third PRAYER Tor |
Instructions and for this reason new trial d, |
ordered
+. +. Bi-kcr.5u for Plaintiffs
5 B. Dole for Defendants.
Honolulu. Nav s1.h. So