The Hawaiian gazette., 1898-12-02

dicial Circuit Republic OF Hawaii.
At Chambers-ln Equity.
Geo. \. Harris, et al. Vs. ri Rev
Alfred Willis, Bishop of Honolulu
bill for injunction.
DEFENDANTS DEMURRER.
The demurrer OF the Right Rever-
end Alfred Willis. Bishop OF Homo
lulu, to the bill of complaint of Geo.
). Harris, w. l.. Stanley, r. w. Jor-
dan, j. w. Podmore and T. NJ Starkey,
the above named plaintiffs.
This defendant, by protestation, not
confessing all or any of the matters
and things in the plaintiffs bill of
complaint contained to he true in such
manner and form as the same is
therein set forth and alleged, doth de
muir TO said bill, and for causes OF
demurrer showeth:
!, That the plaintiffs have not in
their said bill made or stated such
case as entities them in u Court OF
Equity to any relief against him as 80
the matters contained in said bill or
any OF such matters.
2. That the said bill does not con
tain any matter Of equity wheNon this
Court can ground any decree, or give
TO the plaintiffs any relief against this
defendant.
3. That is appears by the said bill
That q corporation existing under the
laws of the Hawaiian Islands, having
the corporate name of the Trustees OF
the Anglican Church in Hawaii"
owns in fee simple and has the ex-
elusive control and management of
the said St Andrews Cathedral build
ings. the grounds and appurtenances
thereto, and that said corporation
manages and controls and has the
right to manage and control said
property through said Trustees and
not otherwise" and also that said
corporation has consented to a GER
tain agreement" mentioned in said
bill in the Exhibit "A" thereto at
tached. on which said agreement the
said bill is founded, and that said cor
poration is necessary party to the
said bill and yet is not made a party
plaintiff or defendant herein.
4. That 1t appears in and by para
graph 4 of the schedule forming part
of Exhibit "a" that the duties of the
Churchwardens of such district congre-
cation are limited to the maintenance
of order among their own congregation
during the time OF public worship, the
disposal with the Minister of money
given at the offertory, and the over
sight of the clergy and laity of that
congregation in respect to their OBJ
servance of and obedience to the laws
of the church," wherefore the church
wardens of such distinct congregation
have not, and none Of them have, any
title or interest in the matter which
is the subject of this suit, and are not,
nor are any of them, entitled to any
relief against this defendant as to the
matters contained in the said bill or
any of such matters.
8. That the said bill fails to show
that any or all OF the plaintiffs are en-
titled to any relief against this de-
PENDANT as to the matters contained in
the said bill or any such matters.
6. That the said bin seeks relief in
respect of several distinct matters
which are disconnected with each
other and are not properly joined in
the same bill, to-wit: In respect Of the
alleged violation by this defendant Of
of said Cathedral, and in respect OF the
alleged claim of defendant Of his right
To revoke and his alleged threat to re-
woke the license Of the duly licensed
pastor OF said congregation, and that
tho said bill is multifarious.
T. That the said bill fails TO show
that the said plaintiffs haveNany right
10 bring this bill in the name and be-
half of the Second English Speaking
Congregation of st. Andrews Cathe-
dral.
s. That this Court has not jurlsdic-
ton OF any of the matters or things
alleged or set forth in said bill, the
same being solely and exclusively with
in the jurisdiction of an Ecclesiastical
Court.
Wherefore. and for divers other
good causes OF demurrer appearing In
the said bill, the defendant doth de-
muir thereto, and humbly demands the
Judgment OF this Court whether he
shall be compelled to make any other
or further answer to the said bill; and
prays to be hence dismissed with his
costs and charges in this behalf most
wrongfully sustained.
Honolulu, II. l., November 20, 1898.
The Right Reverend Bishop Willis,
BY Alfred S. Hartwell, Thurston &
Carter, Counsel.
We hereby certify that the foregoing
demurrer Is not intended for delay.
ALFRED S. HARTWELL,