The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-07-10
COURT NOTES.
A Writ of Mandamus Against the
Collector General.


The Supreme Court adjourned
sine die yesterday its June term.
Judge Cooper presides in Cham
bers this week.
Judge Cooper has overruled the
motion for new trial prayed fol
by Ben Gallagher, and his last
chance will be the noting and filing
of a bill Of exceptions before the
Supreme Court.
In the matter of the estate OF
the late James Hall Caiapha, the
Administrative has been discharged
and her final account approved
with an Indebtedness of $135 on
the wrong side of the account.
Executors of the will of J. III.
Loveioy and Louisa \. Armstrong
have qualified and flied their bonds
for the performance of their several
trusts. Bond for the former estate
is $4,000, and bond for the latter
estate is $500.
Judge Cooper has appointed one
Maluaikoo as guardian of Stephen
S. NJ. Barrett, a minor aged IL
wears, under bond of 800. The
petition recites that said minor is a
reunited son of the late Moses Bar
rett, of Kaawaloa, Kona, Hawaii,
and owns property in his own right
worth nearly $500. G. Brown for
the minor petitioner.
Late on Saturday evening Judge
Whiting issued temporary writ
of mandamus against James B.
Castle, the Collector General of
Customs, on the petition of the
Queens Hospital, a corporation,
alleging that there had arrived per
steamer Mike Maru about 1900
Japanese immigrants, as passen-
gers on said steamer that by law
a tax of 81 per capita is due by
said vessel, and should be collected
by the respondent, and that he re-
fuses to collect the same. The
matter came up for hearing this
morning before Judge Whiting, and
after the introduction of testimony
and arguments of counsel, the
Court ordered the writ dissolved.
1t appears that the respondent had
acted in the premises upon
instructions received by him from
the Minister of Finance, which
wes that no tax be imposed on the.
vessel upon the ground that "such
immigrants come to the country
under the conditions Of the Con-
wention between the Hawaiian
Government and the Japanese
Government, and are upon diffe-
rent footing from ordinary passen. !
gers" Carter e Carter for the pc
titioners, w. o. Smith, attorney
general, and w. A. Kinney for the
respondent.
In r. r. Foster vs.. 81. NJ. Hay
ward, the plaintiff by his attorney,
VIM. Foster, has filed an affidavit
and motion to disallow the bill
of costs asked for by the defend
ant to be taxed in the cases. A
large amount of written testimony
had been taken in the case, which
the plaintiff claims was irrelevant
10 the issue and therefore should
not be allowed. Motion to be
heard.
Divorce summons have been is-
sued, duly served and returned to
the Clerks office in the following
cases: Annie Samoa VS.. Levi Sa-
moa and Kalaaukapu (k) vs.. Pua-
kinamu wv. Also an equity sum-
mons in Kailikea ct al. vs. John
Hapa, which is bill for cancella-
ton of deed.
Summons has also been issued
IN the divorce case entitled l.. S.
Bradford VS.. G. S. Bradford, retur-
liable at the next term of the First 1
Circuit Court.
4 writ of execution in the case
# the Hawaiian Wine Company
g. Manuel Martins has been re-
urned to the Clerks Office with
he Sheriff's return that he is un-
bile to find any property belonging !
o the defendant in the island of !
Iaui. Amount sought to be re- I
overed was $40