The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-04-22

here The defendants not legally entitled
hold the offices by them claimed by
State Of Ncrdda 4. HcC uiouqh, New. 202
The San BHeadrciltHtH Nm. 90 IaxsaHH. Cal. 534
The People I'D. Of GoretuorS ot lfany Barb 397
The officers whom the plaintiffs claim entitled and
be put charge OF the business of the corporation have legal
right title such, for the meeting which they
claim TO tc elected clearly illegal and without authority
the presided by j. c. Srrao the president the
corporation the time and who if any, the proper officer
call meeting order. Further, the refusal the
called meeting of January have been within
the rights and powers of j. S Canao and the others with him,
but there right authority him and them await
the closing of the regular meeting although illegal the
time of holding and the of calling and changing of date,
%c at which the regular president acted and the secretary
appeared and produced the books the corporation
wards left and then hold meeting by themselves; their
and meeting void
The presiding Circuit Judge, presumably his ORDER
found that neither of officers entitled hold Office and
consequently made the order for election by the corpora
ton 1t is claimed by defendants that this order wrong
ana extra judicial on the ground that the corporation had
adopted and governed by and bylaws which
provided for calling of elections and being allegation
that the officer whose duty and call election had
neglected refused do, it presumed that he will do
his duty When he neglecs refuses do party
aggrieved thereby have their remedy by writ of
damus.
Counsel have overlooked Hawaiian of the
where it provided that if the corporation
whom the writ directed holds his office unawfuly
shall declare him not qualified to fill the office Of which he
performs the duties and shall forbid him perform
longer and shall direct the corporation to proceed
appointment
election,
and correct deciding that the officers for the year 1896
hold until and legally elected officers appointed
The defendants also moved dismiss the information, claim
that 1t conformity with law, and irregular
face and that there petition for writ of quo
There many faults in the peangs of the plaintiffs There
is petition. The law requires petition which should be
addressed to the Judge and be properly verified
the affidavit of of the petitioners take the place
of the petition although perfectly proper be the
petition The title to the present affidavit information
sets forth plaintiffs but nowhere the affidavit
does appear what interest of the plaintiffs
subject matter The affidavit forth the election of
the plaintiffs offices In the company pray
plaintiffs and each of them even) be control of the
business and affairs of the by this
the offices referred The deponent
himself and his code,dants prays, &c. this clerical
undoubtedly but shows the of
drafting peadlngs The law requires the
of the sovereign which is the Republic of Hawaii
that not done this for the does show that
issued in the of in the the
The pursued by the plaintiffs in their peadngs
IN accordance with law and practice and should
have issued them. But from the evidence made
aware OF the great injury that may result many
shareholders their rights, and also danger their
property and decide that will dismiss
long delay by the bringing of and properly
ngs where the result would be the same is ordering
of election of officers by the corporation We
order each party pay their costs of both Circuit
and Supreme Courts to be divided
1T decide the other points
especially the question whether certificates stock were legally
issued to Nuno Fernandez and Jose de Mendonca
The appeal is sustained, and the remanded the
Circuit Judge for further proceedings y
him
G. r. Little, for plaintiffs
d. H. Hitchcock and W. s. Wise, and f. A. WahefeM for
defendants