The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1894-07-13
JUDICIARY JoTT1Nos.
Interesting Decisions Filed-The Hos
pital Tax Case.

In Irene H. Brown and others vs..
G. A. Brown, Judge Cooper yester-
day allowed exceptions OF the plain
titf to continuance of proceedings,
contrary to the motion OF A. f.
Judd, CO. plaintiff as next friend.
The Supreme Court, by Judge
Whiting who sat in place OF Justice
Frear, has rendered unanimous
decision in The Hawaiian CONNER
cial and Sugar Company vs.. The
Waikapu Sugar Company, on the APP
peal Of G.. W. Macfarlane, who an
swered in tho name Of the defend.
ant company, against the report OF
the commissioners appointed to par
tition the Waikapu Commons. The
Court decides. "The Commissioners
have made fair and just partition
and j. is sustained, the exceptions
are over-ruled, the decree affirmed,
and the cause is remaDded to the
Chief Justice to- complete the parti-
ton" The syllabus Of the decision
is as follows:
"The report OF commissioners for
the partition of lands is in the ma
ture Of verdict of a jury and should
not be set aside a. against the evi.
dence unless the evidence clearly
shows error in fact and that the
commissioners did not follow the
evidence produced before them.
partition is not a statutory pro-
ceeding and Court OF Equity has
jurisdiction, aud the equitable rights
and principles governing partition
apply.
The lay OF the land, contiguity,
value, location and availability aud
occupation are among the equities
applicable to partition"
+. NJ. Hatch for petitioner; A. S.
Hartwell and 9. W. Ashford for re-
spondent.
A unanimous opinion, written by
Chief Justice Judd, has been render
ed in 7. W. Rawlins Va. The Homo
lulu Soap Works Company. In a
former opinion the Court had re-
manded tho case to the Circuit
Court, but between terms Of that
Court the defendant had the judg-
m.nt appealed from entered. This
action Of the company the Supreme
Court now decides was premature,
aud the case II again remanded to
the Circuit Court for further pro-
cerdugs. e. Brown and Kinney for
plaintiff; Hartwell aud Hatch for
defendant.
Sybil Augusta Carter, guardian Of
Cordelia j. Carter, has presented her
final account aud petitions to be
discharged. She charges herself
with S5515.7S aud asks to he allow
cd So.
Il. y. White, administrator OF the
estate Of tho late Jonathan Austin,
has filed his final account aud petit.
tions for discharge. He charges
himself with 1919 % and asks to be
allowed Sll.ii5i7. An inventory Of
J property held by the administ rator
shows Sl2G0 in cash, l9l shares Of
stock in seven corporations, three
Pearl City lots, household furui.
ture, etc.
The first annual account OF IL.
Focke aud Ellen Gay, executor and
cXccutrix OF the estate of the late
James Gay, has been filed They
charge themselves with $500 so aud
. ask to be allowed $500 Is, leaving
to debit Of estate Sli3B.
}. u. Carter and Chas. l.. Carter,
trustees under tho will of the late
Ill. 4. i. Carter, have filed their an
, nual account. They charge them.
selves with S52Ol59i and ask to be
allowed S6,52S.J7, leaving q balance
, Of SIG 1867.
Judge Whiting has rendered the
following decision in the case of tn.
, writ 81 maudamus pctitioncd for by
the Queens Hospital against Jas. Ii
) Castle, Collector Of Customs:
in this proceeding the Queens
, Hospital is party in interest in rs
, gard Ia the moneys that come n q
charge against tho vessel for the
passengers tina, have entered int,
= this country. The parties in thi,
: matter before the Court ars real
v tho Collector. General OF Custom,
!, aud the Queens Hospital, petitioner
u IL appears that there are two othel
y parties in interest; that is to say
the Republic Of Hawaii. the Govern
= nent OF the country, aud the steam
n ship itself. Tho tax could not b,
! charged against the sOcalled pas
q scngrrs, as they come hero under ,
u convention between Japan and thi
Is country. This Government bring
those parties here under the agree
ment that they shall come here ant
receive their wages as fixed withou
y any deductions for the cost Of pas
), sage here. The tax is not agains
l. the passengers, it is against the shil
u II there be passengers. Further
= it involves what may be said L
be the financial policy as we'll a
= the immigration policy OF tn
- Government, II is especially int
! rested and il is within its jurisdic
" ton to carry on its fnancia
I" policy, especially il there is an
:, doubt as to the law under which
" acts, aud it should prevail in prefer
-nce to the courts giving direct ol
y der in matter which does not nece'
It sarily decide the question Of liabilit
$. for that money. There are tire
o parties who may be liable for it, tn
6, snip being liable in the first place
r. The Government may see fit To II
lease that ship and yet the Queen
Hospital may have no direct actio
n against the ship, but it may have
u right Of action against the Collscto
a A :