The Hawaiian gazette., 1884-01-09
The Bond Case


II check, Entil the date mentioned The deceased
was ablut = years OF ace and was beloved by the |
Is,ive population.
The Bond Case.
SuFEI><E CoUEr-BEEoEE JUDSE MCCULII. SlrUE- |
nAr, jASUAEr ), 1884.
M. HArtweu read the petition, VIZ:
In the sup1cme Court of the Hawaiian Islands, |
Wn. h. castle. Sanford b. Dole. VIM. o. Smith. |
" Jsh N. haPenA- Minister Of Finance, in equity.
Bill foz N Injunction.
To tie Honorable A. I. Judd. Chief Justice OF |
tie Sup-sme Court and Chancellor Of the King
dom:
Humhly complaining show unto Your Honor, |
your pssiridne-s Wna- Il. Cassie, Sanford B. Dole |
and Ita, o. Saith Of Honolulu, in the Island Of |
Olku-
That yozr petitioners are residents, citizens and |
taxpayers IN said Honolulu. and as such en- |
titled 70 the rslief hereinafter prayed;
IhAi John NJ hapeaa Minister Of Finance de |
PENDANT hsreio Is, as year orators are informed |
and believe and aver on their information and |
belief, about % issce large number, TO WIT;
one hundred and thirty thousand dollars of Ha- |
EAii2l Goverlmsn: Bonds purportlng 10 be au- |
iLnElZsd by the Act entitled Act 10 authorize
national lJSn and 70 define 10 what uses such loan
shall Be devoted approved on the fifth day OF Au-
Eust- i d; lSs2. said bonds being by theis terms
and pursuant 20 sid Act payable principal and in
teEssS L L. ;. gold CON OF its equivalent;
And thzi said defendant IS about TO issue said 4
bonds tor certain silver coins not Of the value OF
[. : gold OF its equivalent, but only Of about 50
Fer cent Of the valve Of L. s gold COIN wherefore
yozr petitioners submit ths; such proposed issus
81 sid bo-is would be Illegal and UNAUTHORIZED |
by Law.
And yozs petitioners further aver that they have
re1usSiea SID defendant 20 issue said bonds only
FOR [. 5. sold coin o. its equivalent and tina; he
refuses 70 nccede 10 such request
Moreover your Petitsoners pay that IN iniunc- |
lion Do Issue OFT OF this Honorable Court directed
% sid GefsadsEI eaioining and restraining him |
until further ordes Of this sid Chief Justice from
issulns sceh bonds FOR silver coins aforesaid
foT any excepting only [. ). gold coin or its equiv
-zctics O. this Honorable Court directed to said
defendant and sumnouiaC him 10 appear and show |
cause WY such injunction shall not be made per |
rnsaszss AID yozT petitioners further pay fus such
VIZ. r. CAsT1E
SASFoKD B. DoIE,
VIZ. O. SMITH.
I.si p.ooess isszs IS prayed re;zrnable before |
lion L AcCully the Isl associate Justice of the /
Sup-czle C1r-t- az Chambers at 10 O'Clock 4. m |
On Saturisy the 9Th day Of January. A. D. 1884.
CAief Justice.
KAl4zEUA n FHE GEicE OF Con, OF IKE HAwaruGS
Is1AS7s ike:
= H. B. .T1iH T. EuBrz1. Mi.if.fsr Of Fisaros:
tfTssiigs NhHrsls b. theIz sworn PETITION, copy
whereof : hereto attached and filed II the Office |
Of TIE clerk Of Oar Saprene Court and addressed /
% A. = Judd, Chief Justice Of Oar Supreme Court;
they NIn- Z. Castle, Sanford b Dole, and Vim. q. |
Smith aver tkst YOU are about TO issue certain Ha-
v1iian Government Bonds for certain silver coins
Of less yalre than L :. gold coin or its equiv |
slsCt- under The ioaa act Of lsSe and injunction
n sid Fs;iti9l : prayed for restraining you from
making sEch issue OF bonds foE silver coins for
any coins except tor United States gold coin or its
equivalent. Nov therefore YOU are hereby ordered
70 aupsar before the Honorable L McCully frs; ]
Associate Justice Of Oar S1preEne Court at his 1
CL1nbs-s a. 10 O'Clock g. n on Saturday: the 9Th |
day Of JsEslry current, 70 shov cause II any YOU
have, shy such injunction shall not be granted |
and made permansnt, and you are hereby eni0ined |
and directed thai until further order of the said
Chief Justice yol do not Issue such bonds except
for United S;ates gold coin or its equivalent
H'itHe.s The Honorable A T. Judd Chief Justice |
o. the S1prarne CO1rt this md day Of January 4.
D. 1851 tSigned-} WILLIAM Fos-rz- Clerk
Mssszs- Pros:on and Whiting with Attorney
General Neanann appeared for the defence. Mr.. |
Neunznn sid he wished 70 mention two grounds |
Shy hs thOaghi The petition should be dismissed,
VIZ that Il ID not sEss that John NJ kaPena was
Minister Of Finance. o. that the petitioners had |
any Ints-es; II this matter He then read the re
spozaslf's answer, VIZ
LSswEE OF DEFENDANT.
Noz comes the defendant John NJ. Kapena and |
answering the bill Of the plaintiffs
De-ieS that he = nov or at any time ever or
q I'll about to issue large nunber, 70 Wit: one |
hundred and thirty thousand dollars o. any num- 1
ber Of Hawaiian Government Bonds purp0rting |
20 be authorized by the Act mentioned IL the COM
plant O. described II the complaint or any other
bonds Eh8tsoevB- for certain any silver coin not
Of the val1e Of United States gold coin Its equi
NGLelt o. o. the Fa41t OF = PEI ceIli OF United /
S11tes god COIN O. that be Is nov or any time or
al al about 10 issue any bonds whatsoever authO
Eszed 90 be issued BY law in any other manner or
for any Other moneys than is provided fo- by law
And detendant denies that be IS about or intends
threatens OF has intended or threatened 10 IS
s-s arg Of the Bonds mentioned II the complaint |
fo- any othe- moneys OF II any Other manner than
as l. p-1vded il said Law. to wit= mot below par
and for gold coil Of the United States its equi
vsleai.
AID defendant denies that ne has refused to is
s7e s1cA bonds only fox United States gold or its
equivalent
Wherefore The defendant pays to be hence dis
missed without day and that be have and recover
fson plaintiffs ms costs In this behalf incurred.
Ny Hzrtwel said thai as to the two points men
toned by the Attorney General, the Court would
See thai the PETITION vas u words aszins; John
Y. Kapeaa- Minister Of Finance" and tha; the
answer Wa sEorn 70 by him as Minister of Fl \
nAnee. also taaf TIE petition averred that the pc
titi1uHrs vert tax-payers- etc, and such en-
titled. 20 the relief hereinafter prayed he
the case must be decided on bin and answer, and
thzt 70 proofs can Be made, he was ready 10 sr-
sue rh-t- M hermann; =. Ne make such claim,
700 c-n p1i il yocr proofs said vas ready 20
submit the case the bill and answer Nj. H.,
Il ana ready 20 Put II proofs if the Attorney
vii take notice 10 produce the CONTRACT which
referred 10 in the former ozse for issuing the bends
| for slivg= cui1-
IN Ncurna-r. said he had 10 objection 10 pro-
duciuc TIT contract If It had anything TO do |
With the case bat that i had not; fer the decision
Il OF the the which the !
plaintiffs mis-ook their remedy, has rendered il
| iupossible 70 execute the CONTRACT He claimed
tia; the WIT NUS be vacated on the fling Of the
| alsFeF.
Mr. FsrtzelI cited authorities to show that the
former E1riish md American practice allow no
c1uuts--zf5day5ts after sEoTn answer, hzd e1- |
oeptions in cases where the answer vas evasive,
and u1l cre1Eble and n all cases where the CouEt
IN lis discretion thought the injunction should be
held also that the former practice vas now 50
psrse5sd by siztutes allowing o0unter-zfidzvits-
4 u r.. 81
meztzfiFc- Evaszve n ayerrrng that the defend
ant was not about 10 issue the Bouds for silver
COILS - per cent Of the valoe Of United States
csi1 COIN. The bill AYERS that thew were about
tai vsI-e- not preciselv Arpuueufative in aver
mig that uefe1dz1t was not abort 10 issue the |
/ ISunds N zuy mEaler not authorized BY the laz.
KS former answer that be about to Issue
the Bonds for silver. which he claimed would Be
| legal Issue NJ. Ne4mann objected TO reference
10 that case the Government has taken the view
OF izE laid dom BY the Court. M. Hartvell.
spozdeni never intended TO issue for silver coins
e.e.- This zlzseT cannot be intended 10 falsify
the former answer, L nus; mean that the respond
EFT elsirrs nos, as he did thea that issue for
| silver j. eqGivAleui to an issue for gold
| NJ Ne1uiann claimed that the rule j. that
Eheu the answer directly denies the allegations
| he wit i dischNzgei- The argument is hnicAl
Ths defendant has II both cases answered in per
feot good fsilh- In the usn5am1s czse, the Court
decided that the defendAEi oould not issue Bonds as
eiEiraess BY answer IL that case, and respecting
/ this Refers TO = Czi Rep. Ie2-
u rstitioa u On Information and belief and
/ . the wit sho1ld not have been iss1ed-
Mr. Hzr.Eell. repiirS thai this petitl0a could
i only De rasds Of information and belief that Is is
i made n Euod faith and On the Judgment Of the
Court that the petitioners have right to intervene
| The answer sh01ld be amended y meet the direct
i zllecztio1 81 the bill
Mr. Ne1marr- declined 10 ane7d z1szer.
Mr. H,uzelL states thai If o.. the bil and kas-
Eez the Court VII dsci5e that an Injunction oagbt
| TO Issue If required, then there uocid 5e szfi-
ciens adjudication Of the point and no injunction
win be asked for. But tha, otherwise be insisted
' On TIE richi 70 present proofs