The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-08-21
BEFORE JUDD, C. ].
OPINION OF JUDD, C. J.


This bill was filed February %
1884, by j. M. Kapena, then Minister
of Finance, against Queen Dowagel
Emma and Hon. Mrs. b. Pauahi
Bishop.
A demurrer which raised the vital
questions involved was overruled by
me July %, 1885. At that date both
the respondents had deceased, and
upon suggestions thereof the parties
above named in the caption of this
case have been substituted for the
original respondents. The plaintiff
has been changed since passage of
the Act of September 6, 1888, to pro-
vide for the bringing of suits by or
against the Hawaiian Government
to the Hawaiian Government.
Following is the bill:
The petition of John nj. Kapena
presented to this honorable Court
respectfully shows:
l. That the defendant, Her Males
ty Emma Kaleleonalani, Queen Dow
ager, is one of the heirs Law Of
His Majesty, the late King Kameha-
meha Nv.
2. That the defendant, Bernice
Pauahi Bishop, is the heir at-law and
devisee of II. HI. Ruth Keelikolani,
deceased, who in her lifetime was
the heir of His Majesty, the late
Kamehameha v, and as such the
heir of the one undivided half of the
estate of his said Majesty, the late
King Kamehameha w.; that her
said Majesty Emma Kaleleonalani,
Queen Dowager, and the said Ber-
nice Pauahi Bishop are the only
heirs of said estate of His Majesty
the late King Kamehameha Nv.
8. That Charles r. Bishop is the
husband of said Bernice Pauahi Bis
hop, all of Honolulu, Island of Oahu,
in the Kingdom of the Hawaiian
Islands.
f. That your petitioner is the Min
lister of Finance of said Kingdom,
and that as such Minister of Finance
for and on behalf of the King and
the people of said Kingdom of the
Hawaiian Islands, he asserts the de-
mand and asks for the relief herein
| after set forth.
5. That under and by virtue of an
! Act of the Legislature of the said
Kingdom, entitled IAN Act to Re-
lieve the Royal Domain from encum-
brances and to render the same in
alienable," approved the third day
of January, A. d. 1866, the then Min
lister of Finance was authorized to
issue certain bonds not exceeding in
amount the sum of thirty thousand
dollars, for the purpose of paying
sundry encumbrances upon the
Royal Domain then existing after
the private estate of his said Males
ty the late King Kamehameha Nv.
had been sold and the proceeds of
such sale had been applied to the
payment of said membranes 80 far
as the said proceeds might avail
6. That all the estate of his said
Majesty the late King Kamehameha
". was sold for the purpose of ap
plying the proceeds of such sale to
the payment of said mortgages, ex
cept those certain parcels and pieces
| Ol uSSCIlDcu do lollOWo w WIZ.
First. All that tract or parcel Of
land situated in the city of Homo
lulu, Island of Oahu, bounded and
described as follows: Commencing
at the Merchants Exchange" SC
called, and extending along Mer
chant street 101 1C-12 feet TOWARD
the Office of the Polynesian Office
974 feet, thence along the lot former
| ly occupied by the Varieties Thea
tire " S5 9-12 feet to small fig along
the same lot to the lot of Utai ant
Ahee, thence to lot of the said Mer
chants Exchange" and along said
lot to place of commencement; being
the estate ordinarily designated a
the Honolulu House." togethe
with the buildings, structures, priv
ileges and appurtenances thereon
situated and thereto belonging
! Then follows descriptions of som
six other pieces of land.)
Which said above described piece
and parcels Of land were not sold a
prescribed in the said Act of tn
Legislature for the reason that sal
described premises were held an
believed to be part of the Royal d.
main and not part of the estate OF hi
said Majesty the late King kameh'
meha ".
z. That said premises in truth an
in fact were not part of the Royi
Domain, but were lands belonging
the estate Of His Majesty the la'
King Kamehameha ".
I 8. That his said Majesty the la
King Kamehameha ~. in trust Il
. himself granted by his certain dee
the said premises (hereinbefore fir
! described) to one VIM. Webster, Wi
y a view of mortgaging the same,
ianny of which deed is hereto attac