The Independent. [volume] (Honolulu, H.I.) 1895-1895, 1895-05-21
Habeas Corpus Writ Issu-
ed and Served for
Kalanianaole.
Wailuku Water Decision-D oings
at Term.
HABEAs CORPUS.

Oauu rlSOn, anu plShou Ny Oh''
F, Justice Judd, wss issued yesterday
OF IL O. clock noon, in the follow
ing terms:
"We command you that upon
the receipt of this writ, you have
and produce before our Supreme
Court, at a special term to be
convened at Aliiolani Hale in Ho-
nolulu on Tuesday the 23fd day
of May, 1896, at 10 o clock am ,
the body of j. <. Kalanianaole,
who is unjustly imprisoned and
restrained of his liberty as it is
said, to do apd receive what shall
then and there be considered COR
corning him in this behalf. And
have you there this writ, with
your doings thereon
Deputy Marshal A. NJ. Brown
returned the writ at $3.50 pm as
having been served by bin per-
sonally on the respondent.
The petition relates the charges,
specifications and findings of the
military commission by which the
petitioner was convicted of mis-
prision of treason and sentenced
to Imprisonment at hard labor for
one year and to pay fine of
$1,000. Its gist is in the following
clause:
Your petitioner claims that
said military commission had no
jurisdiction or authority legally to
try, convict and sentence him in
the manner and form above stated.
Paul Neumann is attorney for
the petitioner.
wAILUKU WATER CASE. "
A decision of the Supreme
Court by Chief Justice Judd, con-
Cured in by Justice Bickerton,
has been filed in the Wailuku
water case. There are thirty
eight plaintiffs, and the defen-
dants are the Waikiki Sugar
Company and Claus Spreokels.
The case was tried by A. G.. M.
Robertson as a special Commits
sioner of Private Ways and Water
Rights on account of the Com
missioner for Wailuku being an
interested person. Mr.. Robert
sons decision favored the claims
of the plaintiffs.
The judgment of the Supreme
Court is that plaintiffs are en-
titled to such amounts of water
as they have acquired by pres
cription for their various lands
during the night from 4 pm. to A
o'clock n. M, from the large
auwais leading from the Wailuku
river; that the Waikiki Planta-
ton is entitled to the water each
day except Sunday, from A o. m.
to A o'clock p. M. the dams to be
kept as they are at present, COM
posed of loose stones and dirt.
and that the defendant corpora
ton carry out this order; the costs
to be divided.
Justice Frear renders a dis
senting opinion. He holds that
the purchase by the corporation
of taro lands holding prescliptive
rights to water by night does not
give it the power to change such
night rights to day rights unless
nobody was injured thereby. He
says the complaint should be dis
missed, but the costs should be
divided.
F. M. Hatch and V. V. Ashford
for petitioners; w. A. Kinney TO,
defendant corporation; P. Neu'
mann for defendant Spreckels.
AT CHAMBERS.
Judge Whiting has appointe'
A, S. Cleghorn trustee of the es-
tate of William A. Cooper, i
place of S. A. Cooper and w. l
Greea, both of whom arc dead
S. O. Studert was the petitioner
; and Q. Brown appeared for him
t Judge Whiting has granted tn
petition of Alice Macintosh an
5 Alexander Macintosh her hus
8 band, to appoint new trustee
a trust estate OF Mrs, Mackintos
a in place of the late Thomi