The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1897-01-22
Decision in Bishop Estate Matters
hT Chief Justice JIii.
ANSWER FILED IN THE SCOTT CASE
Verdict ip the Clark Case Set
Asids-Thon vs.. Klemu,e
Verdict Stands.

An important decision etecting the
new census regulation was fled in the
Office Of the Supreme Court yesterday
II the case Of the Republic vs. J. D.
Paris, appeal on legal points from lie
District Magistrate Of South kona- the
Court sas1ains the appeal Of Mr.. Paris
and Qu2shes the conviction.
The points OF the contention viii be
remembered Mr.. Paris filled out all
items IN the census blank concerning
himself. but refused 10 make any state
nent concerning his property. he
was thereupon prosecuted for the Of
tense Of refusing 10 answer 10 these
inquiries. was convicted and fined SIS
The point was appealed with the result
stated. In reviewing the case the
Court finds that the province of the
Census Bureau Is 10 deal with the in
diviiual and not his belongings The
Court says. The statute which directs
that the Board Of Education shall make
: complete census a inhabitants in
each district, the number of each sex,
such other particulars as The board
may direct. and the increase and de-
crease IN The population does not SUI
thoriEe the board 70 make 8 census If
the wealth Of the inhabitants" ". o.
Smith for prosecution; ThursIon d
Stanley for defendants
In the sjscImsnJ case Of V. knud
sen Us. Palea and others. exceptions
from the Fifth Circuit Court, the Su-
preme Court has set the verdict ap-
psaled from aside and ordered new
trial Il is held that verdict based
upon indefinite testimony regarding
death, against E record in 8 book kept
BY Law, is against the weight Of eyi-
dence and should be set aside as rem
dered through improper or mistaken
motives. or through sympathy. Ma
gcon & Edings for plaintiff; A Rosa
for defendants
One phase Of the Cannon-Poor equity
controversy vas decided by the Su-
preue Court yesterday. On an appeal
from 6 decree dismissing bill 10 fore
close g mortgage on real estate. the
defendant, after the perfection Of he
appeal. was adjudgei 2 bankrupt, and
the assignee appeared and suggested
the bankruptcy OF defendant and sub
uitCsd whether such bankruptcy zaS
Al absolute stay Of the suit Held. that
after notice 70 the assignee OF the ap-
peal pending and q reasonable time
granted him. the stay should ba re-
moved and the appeal proceed Held.
siso. that the suit involving property
which. Il released from the alleged lien
OF plaintiff. would be thrown into the
s--z-,T Er--= .--ssr, hi. -, n--.=;-o-- -r,e
assignee has the right TO- and ought
70 appear On the appeal NagOop &
Eiings for plaintiff: c. Brown for de-
fendanr
The petition OF Tai Kee for writ
OF man6zmus 10 compel the minister
Of The interior 10 Issue 10 him lodg-
Ing house license viii Be answered II
chambers this morning. This cause
has come up through many ramifea-
lions The petitioners place Of bust
ness Is 81 Pensacola and Beretania
streets His house was closed by the
Board Of Health during the cholera
visitation II 1885 After that he re-
ceived e license for the uneIpired term
OF his original license upon an old Ger
Ctfcare Of the sanitary authorities.
Nearly all the residents OF the locality
have petiloned against g reissuanee Of
the license, and upon this ground main
u the minister refused 10 renew IL
Minister King viii fight the case. Mar
shall Brown. Health Agent Reynolds,
Chief Clerk Hsssingsr Of the Interior
Once. George 4. Mcleod and others
will likely De called as witnesses.
The Lurlins libel case was on be-
fore Judge Perry all OF yesterday, and
was continued. Capt !. c. Cluney.
James Lyle, Captain Calhoun and Min
lister King we're called as experts on the
question q danger the Likelike may
have been in IN going TO the rescue OF
the Luriine. Officers OF the Likelike
and Of the Lurline we're called 10 the
witness stand. Hart=ell for nbeIlants:
Kinney & BaIl0u for respondents
Chief Justice Judd rendered q decis-
ioz yesterday On the appeal of the
trustees OF the Bishop estate from the
master On z matter Of trust funds. de-
Enins The sane The Court is salts
fed that the charge Of commissions On
the $50. coo, brought By the High School
premises On Emma street was proper
This sum vas paid 10 the bank CT
Bishop & Co 10 settle an overdratt
which was used in building the Ka-
nehameha School for Girls. directed TO
Dc established by The viii OF the late
Mrs B P Bishop. Il is just the same
as Il the premises had been sold. and its
aTails applied directly 10 the building
CT the school There Is. therefore. .
final payment Of this fund II has
been converted into buildings and
forms z part OF the trust property.
As 70 The charge OF commissions
upon The gross receipts OF the Moli-
kzi ranch. adopt the masters view
that only the net receipts are chzrgs-
able with commissions The ranch is
q separate property which pays out Of
its receipts the expenses Of its man
sgenent I do not think that, if II
was run al z loss and had no money
out OF the trust funds for its support.
ss for instance 10 replace its livestock