The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-11-30

dicial Circuit. Republic OF Hawaii.
AIT Chambers-In Equity.
Geo. S. Harris, ct 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.
S. Harris, w. L. Stanley, f. W. Jor-
dan, j. w. PodmOre and T. NJ S;tarkey,
the above named plaintiffs.
This defendant, by protestation, net
confessing all or any of the matters
and things in the plaintiffs bill of
complaint contained to be 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 a
case as entities them in a Court of
Equity to any relief against him as to
the matters contained in said bill or
any of such matters.
2. That the said bill does not con-
tain any matter of equity whereon 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 a 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.
+. That it appears in and by para
graph 4 Of the schedule forming part
of Exhibit "a" that 1.-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 ito 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 10 any
relief against this defendant as to the
matters contained in the said bill or
any of such matters.
5. 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 bill 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
the said agreement concerning the use
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
the said bill is multifarious.
| T. That the said bill fails TO show
| that the said plaintiffs have any right
| to bring this bill in the name and be-
| half OF the Second English Speaking
| Congregation Of St. Andrews Cattle
dral.
| 8. That this Court has not jurisdic-
| 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, H. l., November %, 1898
The Right Reverend Bishop Willis,
Bv Alfred s. Hartwell, Thurston &
Carter, Counsel.
We hereby certify that the foregoing
demurrer is not intended for delay.
ALFRED S. HARTWELL,
THURSTON e CARTER,
Defendants Counsel
1t is expected that very early now