Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1896-07-23
JUDICIARY JOFIINGS.
sundry Matters on File in the Clerks
Office.

Office.
The Republic of Hawaii ex rel
Jas. B. Castle, Collector General,
vs.. E. Hoffschlaeger & Co. and
Lovejoy & Co., is submitted as a
controversy without action to the
Supreme Court. Defendants each
imported consignment of wine.
According to usual custom the
authorities of the custom house
delivered the packages without
making an official test of the al
coholic strength of the wines.
Such test if brought to the notice
of the consignees as exceeding the
lawful strength would have left
them free to abandon the mer-
chandise or to place itin bonded
warehouse for the purpose of re-
shipment. In the matter of these
consignments, it is ascertained
that the wines contained higher
percentage of alcoholic strength
than was allowable under the law.
They were made and fortified for
the Spanish American market and
sent to the Hawaiian Islands by
mistake. The collector claims on
the shipment of Z. Hoffschlaeger
d Co. $50, and on that of Love-
JOY Il Co. $500, both in addition
to the 10 cents "A gallon they had
paid on receipt of the merchan-
disc. 1t is said that the seven or
eight per cent of alcohol in excess
does not give these wines a hie her
value in this market than if they
were below the regulation twanty-
one per cent. The Court is asked
to decide whether the defendants
are liable, and if liable should the
Judgment rendered against them
re for forfeiture of the merchan-
disc or its invoice value, deduct
ing she actual duties paid without
any further penalty, or for the
amounts claimed by the Collector
General. Minister Cooper repre-
sents the Sepublic, and Paul Neu-
mann the defendants.
Justice Frear is author of the
decision briefly reported yester-
day, affirming the decree of the !
Circuit Court to compel w. NJ.
Giffard, secretary of the Paauhau
Plantation Company,to record on
the books of the corporation a |
transfer by way of pledge of $500
shares. Hartwell, Thurston e. |
Stanley for plaintiff; Kinney & |
Ballou for defendant.
The Supreme Court by l.. A.
Dickey, barrister, sitting in place
of Justice Whiting, has rendered
a decision affirming the decree of
the Circuit Court upon a decision
of Chas. F. Peterson, commits
sioner, in the case of Malika
Peterson by her next friend, John
Charles Peterson, vs.. Kaanaana
and others. The appeal dis
missed was made by two of the
defendants. Kinney d Ballou for
plaintiff; Magoon d Edings for
defendants.
Manuel Carvalho has appealed |
from the decision of Judge Car
ter refusing him new trial for
the so-called Portuguese riot.
Judge Perry has dissolved the
preliminary injunction restraining
Wong Wah from giving his SER
vices as an actor to the Fung
Fong Ming Co., until the final
hearing of the cause. He has |
also over-ruled the demurrer of
respondent, and given him ten
days within which to answer over.
Kekapa, widow of the late
James j. Robinson, petitions for
letters of administration on his
estate to Mark p. Robinson. The
estate is valued at $4,000 in cash,
stocks and bonds, besides which |
it has an undivided ninth part in |
the real estate belonging to the
estate of John N. Robinson, de-
ceased, of value unknown to peti- !