The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1888-09-25

was Il 4llJ 10 Nun anu III was uIaNH-
ed that the revenues from the
Crown land should be appropriated
to the repayment of this money.
The defendant, c. p. Iaukea, then
His Maiesty's Chamberlain and
Private Secretary, endeavored to
raise sufficient sum by mortgage
of His Maiesty's private property,
to satisfy the claim or part of it,
and applied to the defendant Da-
mon who declined and the loan was
not effected.
Mr.. Thurston testified that the
sole object of the Cabinet was to
settle this claim, and that they
were not interested in obtaining
payment of the debts or claims of
other creditors, but upon receiving
statement of the amount of the
Kings debts from Mr.. Iaukea, they
were 80 astonished at the amount
that they thought it would not be
right to pay this claim in prefer
ence to the others and ultimately
advised His Majesty to make an as
signment in trust for the payment
of all claims pro rata, and the trust
deed before the Court after nego-
tiation with some of the principal
creditors, as to who should be the
trustees and as to the payment of
this claim was executed, Mr.. Castle
asserting to the arrangement on be-
half of Aki.
Mr.. Castle testities that at or
about the time the deed was execut-
ed, His Majesty sent for him and
that he met His Majesty at the
Bungalow in the Palace grounds
when His Majesty admitted he had
received the money and was alone
responsible for it.
1t is unnecessary for me to &c
through the testimony as to the
reasons why Axis name was not
mentioned in the deed.
What was the position of all par
ties at the date of the execution OF
this deed?
His Majesty owed large amount
to various creditors neither one OF
whom was in n position to enforce
payment.
Aki or his representatives had
also claim which could not be en-,
forced in the Courts, but he had the
solemn pledge of His Majesty, pub.
licly made, to cause restitution tC
be made, and it is to be presumed
that the Legislature then.in session
would have taken some action il
the matter whereby Aki or his rep
resentatives would have been ena
bled to obtain satisfaction.
BY the execution of the deed
His Majesty's other creditors werc
placed in better position, and the
plaintiffs in somewhat worse one
as they had by consenting to the
arrangement prevented any actor
by the Legislature.
1t appears to Inc that under the
circumstances the defendants nigh
have well been advised to allow thi:
claim and so have prevented The
matter being again agitated which
all parties wished to avoid.
The deed does not purport to b,
in trust for creditors, generally, thu
first and principal trust being il
these words:
Il. The trustees shall receive an(
examine all existing accounts, bill!
and claims against the grantor which
shall within three months from til,
date of these presents be presented
to them and shall approve in writing
so many and 80 much claims a
shall appear to them or to a majori
ty of them to be correct and jus
and properly certified and shall re
iect all other claims and parts o
claims, and at the end of said thre
months, shall make written state
ment or list of all such claims, a
they shall have approved as afore
said, to which said list they shaI
thereafter add only such existing
claims against the grantor as shal
either be authorized by court O
competent jurisdiction, or be show
to their satisfaction to be just an
correct"
This seems to me to contemplat
the present claim, and in point @
fact enables claimants to establiS
their claims in the. Courts whic
they would not otherwise be abl
to do.
/ The defendants having the discre
tion to approve claims which shoul
appear to them to be correct an
just, and it not appearing that the
have exercised such discretion i
an improper manner the complain
ants are not, Gas L understood thei
} counsel to cOncede ON the argument
entitled to the relief asked for, OF
decree ordering the defendants t
approve the claim.
am of opinion upon consider;
ton of the evidence and the fact
that the eomplainants have estal
lished their right to have this clail
paid pro rota with the other cred
tors of His Majesty, and that d.
cree should issue to the followin
effect:
Declare that the complainant
claim against the defendants for I'll