The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-04-09
SUPREME COURT.
Opening of the April Term-Business a



Chambers.
The April term of the Supreme Court
opened at 10 a. M. Monday, LIST inst,
Mr.. Justice Dole presiding; Attorney
General C. W. Ashford, prosecutor for
the Crown The proceedings were as
follows:
Jim Crow was arraigned for selling
liquor without license, withdrew former
plea and pleaded guilty. Sentenced to
pay fine of 800 and be imprisoned
three months at hard labor Kaulukou
| for defendant.
The King VS.. Samuel Maikai. Per-
verting justice. Rosa for defendant.
Tried by Hawaiian jury, who return a
verdict OF not guilty.
Daniela, arraigned for arson, reserved
plea.
Kahele. burglary, reserved plea.
ALA, murder, pleaded not guilty.
/ Lau Niu, violating liquor law, mol.
/ pros entered.
Appeal were withdrawn in the cases
Of Choy Tung Sung Castle for defend
anti and Ho Hee (Kaulukou for defend
anti, possession OF opium; OF George
Hons (Neumann for defendant), dis
orderly house, and OF f. Schmorl (Neu-
mann for defendant, practicing medicine
without license.
All Tai, assault and battery, reserved
plea.
Jury was waived in the following
cases: Administrator estate Wong Kim
VS.. Hawaiian Government, assumpsit;
Palmer & Rey vs.. Pacific Commercial
Advertiser and L. Ahlo vs. Chung Fat
ct al, assumpsit.
The following were discontinued: l..
7. Valentine VS.. 2. P. Kanoa, and Han
nah Birch ct al. vs.. Hawaiian CONNER
cial and Sugar Co.
Skinner & Co. VS.. Hawaiian Govern
ment, assumpsit, was suspended from
calendar OF this term.
AT CHAMBERS.
Before Mr.. Justice Preston, April list,
was heard Wong Leong & Co.'S petition
for discharge from bankruptcy, w. K.
Castle for bankrupts. The Court orders
the bankrupts discharged upon their
filing the usual oath.
Before the same Justice was heard the
petition of Luukia Kahaku w. to be
appointed guardian OF Hannah Luukia
kekuaihilo, minor. The Court
grants the petition, the guardian to act
under 500 bond.
Before Chief Justice Judd, hearing on
vs.. Emma NJ. Crowningberg. asSumpsit.
c. L. Carter for plaintiff; Cecil Brown
for defendant Argued and submitted.
Second Day of the April Term-Impor-
tant Majority Observation-Disclosures
Proceedings.
Before Mr.. Justice Dole, at term,
Tuesday, Kahele pleaded not guilty to
Indictment for burglary.
The King VS.. Sam Kalalau and Louisa
All Tim. Adultery. P. Neumann and
Kaulukou Tor the Crown; V. V. Ashford
for defendant. Appeal from conviction
and sentence in the Honolulu Police
Court. On trial all day before a Ha-
Taiian jury.
TAXATION DECISION.
The decision of Chief Justice Judd,
Justices McCully, Preston and BECKER
tor, per First Associate Justice McCully
Fourth Associate Justice Dole dissent
ing-has been rendered in the Kameha-
meha Schools taxation case, viz: Chas.
K. Bishop, Samuel NJ. Damon, Charles
NJ. Hyde, Charles NJ. Cooke and Joseph
0. Carter, Trustees OF kamehameha
Schools, VS.. Charles T. GuliCk, Collector
Of Taxes for the District OF Honolulu.
This was an appeal from decision Of Mr.
Justice Bickerton, jury having been
waived, in favor OF the defendant, from
whom plaintiffs sought to recover 1000
taxes paid under protest on lands devised
by the late Mrs. Bernice P. Bishop for
the support of Kamehameha Schools.
The ground of the suit was that the law
exempted property belonging 10 schools
from taxation. The gist OF the decision
is that only property actually in use for
school purposes is by the statute exempt
from taxation, while property held in
trust for producing revenue to the sup
port OF schools must pay taxes. As the !!
Collector had not levied taxes on the |
buildings and grounds in actual use for |
school purposes, the Court had nothing |
to decide with respect to that class Of |
except by way OF incidentally |
expounding the law. Mr.. Justice Dole's |
opinion has not yet been filed.
A. S. Hartwell for the plaintiffs At
C. W. Ashford for the
defendant.
AT CHAMBERS.
NJ. T,--E;,a !