The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-03-02
THE BOWLER CHARTER PARTY
CASE,

sustained the defendants demurrer
to the PLAINTIFF declaration in the
action of assumpsit by John f.
Bowler against the Board of Immi-
grafton, on the grounds:
|. ''rhe written contract annexed
to the declaration shows that Hen
derson, master of the bark Kala-
kaua, was party TO it besides the
plaintiff as owner, and there is no.
thing to show that this is not Joint
contract. BY the rules of pleading
Joint contractors should join in the
suit.
?. THE written contract is not |
that of the Board of Immigration.
1t is by L. Aholo, Minister of In
terror and President of the Board of |
Immigration. 1t nowhere appears
in the contract that the Board
authorized the contract, it is not
one of the contracting parties. 1t
appears to be the contract of the
Minister of the Interior who de-
scribes himself as the Board of Inn
migration
3. "We find that the second
count does refer to the first, for the
description of the vessel in the sec
ond count Is in these words, his
said bark, the Kalakaua.' If the
plaintiff should proceed to trial it
must come out in evidence that the
oral agreement had rpiened into n
written contract, and the plaintiff
would have to abandon the second
count. The written contract being
part of the declaration is brought to
the notice of the Court"
4. The Court also held that the
statute of 1887, amending the law
relating to immigration, and repeal
ing the previous statutes on the sub
ieCt, had the effect of dissolving the
Board of immigration formerly eX-
isting land that therefore no contract
of the former Board is binding on
the present Board.
We publish below the declaration
and contract, and also the plaintiff 5
brief counts:
The plaintiff, John f. Bowler, of
Honolulu, in the Island of Oahu,
claims of the Board of immigration
the sum of nine thousand dollors for
that on the 29th of June, A. ID.
1887, the plaintiff and the defend
ant agreed by Charter party Ga copy
whereof is hereto appended and
made part thercof) that the plaintiff
should, IN his bark, called the kala-
kaua, whereof C.. II. Henderson was
then and there master within q
reasonable time thereafter, carry
from the port of said Honolulu, such
f South Sea Islanders (whom the de-
= fendant represented to be TIN ce
hundred adults in number) as the
defendant might place on board OF
said bark, to their respective homes
5 in the South Pacific Ocean, and
| should furnish the necessary water
and fuel therefor, all to be done un-
, der the supervision and TO the salts
faction of such agent as the defend.
ant may appoint, who should have 8
} free passage in said bark to the
South seas and return TO said Homo
lulu, and that the defendant would
o pay to the plaintiff the sum of thirty
dollars for each such South Sc;
: Islander, (eXcept children under
S two years Of age who were to b'
t free) received on board the said bari
3 at said Honolulu, upon satisfactory
proof of the faithful fulfilment by
the plaintiff of his part of sale
agreement and that the defendan
would furnish all provisions for sucl
:. people on their said contemplated
Il journey home and pay TO the plain
II tiff the sum of two thousand dollar
! (S2, ,00O) when three days at sea Oh
u said contemplated voyage, the bal
y ance to be paid on the receipt o
l. such Government agent.
Y, That the plaintiff thereafter, an
1t within reasonable time, prepared hi
n said bark for such agreed voyage
:. and for the said carriage of sal
W South Sea Islanders, and on the l2t
ot day of July thereafter rendered sal
s. bark to the defendant for the Pun
I'd poses agreed upon as aforesaid, ar
to was ready and willing TO perform hi
W part of said agreement, and la
es done all things necessary on hi
er part to entitle him to have sue
IN South Sea islanders placed on boar
,s of said bark by the defendant to b
,n carried as aforesaid, but the defent
=" ant absolutely refused to place an
of such South Sea Islanders 6
board Of said bark, or otherwise {
es perform its part of said agreemcn
r. or to pay the plaintiff the money
ot agreed to be paid to him as afor'
said or any part thereof TO the plail
:" tiff's damage the said sum of nil
re thousand dollars.
OF And the plaintiff also sues the d
ed fendant for the sum of nine thor
10 sand dollars for that on or about Il
,s 29th day of June, A. ID. 1887, I'll
" plaintiff and defendant agreed t
" gether that the defendant won
ne ship and place on board his sa
p bark, the Kalakaua, in the port
he said Honolulu, three hundred adu
no South Sea Islanders to be carrie
on said bark to their respecti,