The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-07-22

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Following is the decision appealed
from. 1t contains the essential
facts of this case and the pleadings
therein.
The plaintiff is a corporation,
incorporated and existing under the
laws of the Hawaiian Islands. The
defendant is a corporation incorpo-
rated and existing under the laws
of the State of California, United
States of America, carrying on bust.
ness in this Kingdom. The COM
plant AYERS that the defendant has
unjustly, ETC., taken into It's eXclu-
sive use and occupation certain por-
tions of the lands of Waikapu and
PuIehunui on Maui, describing
them by metes and bounds, to
which lands the plaintiff and de-
PENDANT are equally entitled in fee
by purchase as tenants in common,
and from which the defendant has
during the period of six years now
last past excluded the plaintiff,
having fenced in and cultivated
and planted the same and during all
said period taken to its exclusive
use all the rents, issues and profits
thereof and although often request
ed has during all of said period re-
fused to allow the plaintiff to use,
occupy or enjoy said portions or any
part thereof, or to obtain any bene-
fit or advantage therefrom, or to
join with the plaintiff in making
any partition thereof whereby and
by reason whereof the plaintiff has
been deprived of and prevented
from exercising its right to use, &C.
cupy or enjoy or obtain rents or
profits from said portions according
to the plaintiffs title as aforesaid to
the damage Of said plaintiff one
million dollars. The complaint is
signed "The Walkapu Sugar Co.,
by w. II. CornwelI, President"
The defendant filed the following
plea in abatement:
appearing specially for the purpose
of making this plea, and says that
the above action was begun and is
now pending without authority of
the plaintiff corporation and this it
is ready to verify" The defend
ant also filed Il plea of general issue
not waving its plea in abatement
and a disclaimer of title to one un-
divided half of all the tracts OF land
set forth by notes of survey in the
plaintiffs complaint, said land con-
tanning an area of $4,000 acres,
more or less, in all, and admits the
title to be as claimed in the plain
tiff7s complaint to wit: one-half il
the plaintiff and one-half in the de-
PENDANT.
On the 22d July the hearing OF
the plea in abatement was had be
fore me. Mr.. Hatch for the plain
tiff offered in support of his plea af
fldavit of w. NJ. Giffard, that he i:
the secretary Of the plaintiff com
pany and has charge of its record
that no meeting Of the company
has ever been held 10 authorize al
action of ejectment against the Ha
Waiian Commercial and Sugar Com
pany; that the bylaws of plaintiff
company do not authorize the pres
ident to take such action; and tina
a true copy Of the bylaws Of sale
company is annexed to his affidavit
Mr.. G. w. Macfarlane testified OF
behalf of the plaintiff company tina
w. II. Cornwell is president, Nv
Macfarlane e-president, w. G
Irwin treasurer, w. NJ. Giffard sec
rotary, and F. w. Macfarlane audi
tor of the plaintiff company; tina
this action was brought by the con
sent Of the president, vice-presiden
and auditor; that the treasurer i
absent from the Kingdom and tina
the secretary is also secretary of The
defendant company. That there
are only two shareholders of the
plaintiff company's stock, VIZ: u
w. Macfarlane, 1850 shares, ant
Claus SprecKelS, LOU ShaIeS' AM
that he believes that Spreckels ha:
transferred his shares to the de
PENDANT company.
The bylaws provide that the OF
ficers of the Waikapu Sugar Com
pany shall be president, vice-presi
dent, secretary, treasurer and au
ditor. "And with the exception
of the treasurer and auditor they
shall be stockholders" There is NJ
board of directors created by the
charter or bylaws. The second by
law prescribes the duties OF fht
president. He is to sign ail Wri*
Ten instruments Of the company
which shall first ;Iave been approved
by the holder Of not less than three
fourths of tiso shares, etc. "Ht
shall have tie casting vote ct al
meetings of the stockholders anC
subject to the advice and control o
three-fourths Of the shares repre-
sented at any meeting, shall have
the general superintendent of the
affairs of the company"