The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-04-22
IN THE SUPREME COURT OF THE HAWAIIAN
ISLANDS,
MARCH TERM, 1897.

MARCH TERM 1897.
J. F. HACKFELD j. A. KING, Minister of the Interior.
APPEAL FROM CIRCUIT JUDGE, FIRST CIRCUIT.
JUDI CD, WHITING J.. CIRCUIT JUDGE CARTER
OF FREAR, j., DISQUALIFIED
him required by
B 1890 amendment 1896 formed
carrying individuals
No discretion Of criticism rejection conferred the
Minister by the and mandamus will lie him
perform the purely ministerial filing
comply in form with the requirements of the statute
OPINION OF THE COURT BY JUDD GU
We adopt the statement of this made by the Circuit
Judge from whose Judgment dmsng the petition, the appeal
Is taken TO this court, follows:
The petition alleges that petitioner
therein named being DESTROYS of assocan themselves together
as Joint stock company under the of The Oahu Sugar
Company Limited have duly signed acknowledged articles
of association that said articles in due form required by
law that petitioner has presented said articles together with
all papers required by law to be fled to respondent with
the request that respondent file the his Office
respondent wholly neecs and refuses do The prayer
that writ of manamus be issued directing respondent to
file said III conformity with law show the
contrary
Upon the filing petition was issued
The respondent thereupon filed return admitting presen
taon to HIM OF the articles OF association alleged and his
refusal to file them requested concedng that by of
his office it is his duty file articles of
when they shall conform the law and alleging that said docu
pmportng be the articles of of the Oahu
Sugar Company, Limited, is form and In
law and that 1t Is for this that he refuses file it,
The section of the articles which subject contention
herein. reads follows:
Third. The purpose of said corporation is in
AGRICULTURAL manufacturing and mercantile pursuits the Ha-
waian Islands, connection herewith including the cult
of the manufacture of the sugar,
and all business incidental thereto which be proaby
conducted connection herewith the constructing and
works and pumping plants dams and
and the doing all other things incidental proper
the business OF supplying said corporation and others
for rrgatng and other the buying and selling of all
goods and merchandise; the dealing in the stocks and
bonds of other corporations the raising of cattle and live stock
and all other ranch business the purchase and hiring of vessels
and operating the the operating of railways
plantation and the purchase construction and maintenance
Of railroad tracks and Of all property used in there
with, and the doing Of all things
business that be lawfully done connection with the pur
poses aforesaid any of them
We find that the of and the affidavit
the requirements of the that the articles
forth all the particulars required be forth by Section
and the affidavit required by Section the Act of
being Chap of the Session Laws In they
The fling of these articles refused by the respondent
for the that he of opinion that in substance they
forth extended which the proposed corporation
desire enjoy than conferred But has the
respondent any discretion in this Has he the power
criticize oeect articles of provided they
statutory form and forth the object of the proposed
corporation business undertaking for which individuals
may associate themselves. We think
The businesses which forbidden this
and which the minister may reject those for which