The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-06-24

~ : u
ency of preventing unnecessary
litigation.
applying these principles TO the
present case We fra that the petit
TONERS were not IL their character
Of purchasers of the specific pro-
perty described in the order APP
pointing the receiver parties 10 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 70 take 1t
into his possession.
"As stockholders of the corpora
ton. however, it is contended, 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 certificate showing that
all the stockholders had requested
the directors to close up the busi-
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 go made and overruled.
| The Court proceeds thus: 90 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 il
the hands of receiver remains
subject to further judicial action
which may be arrested by the pro
hibition, the remedy will be made
complete by ordering Its restora
ton.
So far, therefore, as the probi'
bition is concerned it makes No
| difference if we assume that Mr.
Reddy had complete possession al
the time we ordered the alternativ,
writ.
!. 1t Is only with respect to th'
proceeding for contempt that tbs
. facts relating to the possession o
| liIc IcCSItSI dIc HidtSItdi
i On the question of contempt in
VOWED in the case against Judge
Wallace and Receiver Rsddy, tn,
Supreme Court will render separ
ate opinion as soon as possible.
In the meantime the Supreme
. Court ordered "that an absolut,
and peremptory writ of prohibition
will issue in accordance with tn
. views herein expressed
, The opinion is written by Chic
Justice Beatty, and is concurred il
by Justices Sharpstein. Mcfarland
Patterson. Works and Fox, justice
Thornton being absent from thu
State.
Col. spreckeIs in San Francisco.
/ Claus Spreckels is in the city am
will probably remain some time yet
His present trip from Philadel
phia was undertaken with two oh
. iects in vlew-the selection of
site for new beet sugarie and t
. take general view of the situation
+ in the market.
The plant for the beet sugarie j
already in the city, having arrive,
, two days ago. While no Location
for it has yet been decided upon
, one will be selected before fall an
the necessary buildings erected il
+ time to take advantage Of thi
seasons beet crop. The capacit,
of the new plant will be about til
same as the one at Watsonville
and the sugar produced by it viii
as IN the case of the latter mill, b
| refined at the local refinery.
p Regarding his beet sugar pro
, jeets Mr. Spreckels said that b
still had confidence in them, bu
would feel more assured if tn
| House had not declared for FIRE
r sugar and for the payment of
; bounty to domestic producers.
t 1.-THE whole question" said he
'has been talked over again an
again, and there is nothing to b
, added to what has already beer
! SAID. The removal of the duty o.
I raw sugar is not calculated to in
. spire much confidence in US at tn
. islands, while the reduction OF tn
> duty on refined sugars places al
. American refneries in decided,
; unfavorable position. Still this ha'
9 all been said before, and l do no