The Hawaiian gazette., 1890-07-01

has in some form been made in and
overruled by the lower court, the
whole foundation of the rule being
the respect and consideration due
to the lower court and the expedi-
ency of preventing unnecessary
litigation.
"Applying these principles to the
present case we find that the petit
TONERS were not in Their character
of purchasers of the specific pro-
perty described in the order APP
pointing the receiver parties to the
quo warranto or the rule to show
cause why the receiver should not
be appointed, and in that character
they had no opportunity to object
until after the receiver appeared at
the refinery armed with the order
of court authorizing him to take it
into his possession.
GAS stockholders Of the corpora
ton, however, it is commended, and
may be conceded, that they were
virtually defendants in the quo
warranto and parties affected by the
rule to show cause.
"But it clearly appears that in
that character they made every OBJ
lection that could be made to the
order asked which did not refer
to any specific property. They filed
an affidavit showing that there
were no creditors of the corpora
ton, and a certificate showing that
all the stockholders had requested
the directors to close up the bust
ness of the corporation. They also
brought to the attention of the
Court the fact that an appeal from
the Judgment Of the forfeiture had
been taken and perfected.
"All these objections went to the
jurisdiction. They were all argued,
all maturely considered and all
overruled in a carefully prepared
opinion.
What more could possibly be
necessary in order to authorize US
under any rule prevailing to ex-
anime and decide upon the objec-
tons so made and overruled."
The Court proceeds thus: 4" 1t is
unnecessary to enter into any de-
tailed discussion of the testimony
as to the completeness of Mr.. Red
dy's possession at the time the writ
WAS served. 1t is the time when
the writ was ordered, not the time
when the writ was served, that
fixes the extent of our power to in
terrier with the proceeding in the
lower Court. But even this is i'm
material in this case, for we have
shown that so long as property in
the hands of a receiver remains
subject to further judicial action
which may be arrested by the pro-
hibition, the remedy will be made
complete by ordering It's restora-
ton.
So far, therefore, as the prohi-
bition is concerned it makes no
difference if we assume that Mr..
Reddy had complete possession at
the time we ordered the alternative
writ.
1t is only with respect to the
proceeding for contempt that the
facts relating to the possession Of
the receiver are material"
On the question of contempt in
volved in the case against Judge
Wallace and Receiver Reddy, the
Supreme Court will render separ-
ate opinion as soon as possible.
In the meantime the Supreme
Court ordered "that an absolute
and peremptory writ of prohibition
will issue in accordance with the
views herein expressed"
The opinion is written by Chief
Justice Beatty, and is concurred in
by Justices Sharpstein, Mcfarland,
Patterson, Works and Fox, Justice
Thornton being absent from the
State. ~
Col. spreckels in San Francisco.
Claus Spreekels is in the city aud
will probably remain some time yet.
His present trip from Philadel-
phia was undertaken with two OBJ
iects in vlew-the selection of a
site for a new beet sugarie and to
take a general view of the situation
in the market.
The plant for the beet sugarie is
already in the city, having arrived
two days ago. While no location
for it has yet been decided upon,
one will be selected before fall and
the necessary buildings erected in
time TO take advantage of this
seasons beet crop. The capacity
of the new plant will be about the
same as the one at jacksonville,
and the sugar produced by it will,
as IN the case of the latter mill, be
refined at the local refinery.