The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-02-24

Inc ptot tnlcktuS IN the tlty OF
a fight to invalidate the sale to Capt.
day. Kinney. Bailou & MCClanahaa a
headed Protest against confirmation
ding and new sale" the plaintiffs I
Your petitioners and pro;cstants
herein respectfully represent. petition
and protest as follows:
That whereas. by an order OF this
Honorable Court dated the 2tth day os
January. a. u. 1889. the Marshal OF
the Republic of Hawaii was command
cd and directed to- sell the Steamship
City of Columbia. her boats. boilers.
engines. tackle. apparel and furniture
at public auction ut the Station House.
Kalakaua Hale. in the District OF Ho-
noIulu. Island OF Oahu. Hawaiian
Islands. on the eist day OF February
\. ID. 1899. at the hour of l. o'clock
noon OF said day for cash. and
Whereas. at the said time and place
said Steamship City of Columbia was
put up and sold for the sum OF $500.
and
Whereas. said sum OF $500 is grossly
inadequate and will not fvcn pay the
lawful and necessary legal costs at
iteEGant upon said sale. and
Whereas. your petitioners herein are
parties plaintiff to this action and rep
resent all OF said plaintiffs. and
| Whereas. IL said sale IL confirmed II
will result In an entire failure OF jus
tice to the plaintiffs herein and an en-
tire failure to satisfy any part OF their
Irrespective claims against said steam
ship City OF Columbia. as have hereto
fore been adjudEsd to- be due to said
plaintiffs by this Honorable Court. and
Whereas. your petitioners further al
lege that besides the gross inadcquacy
OF said sale. they are informed and
believe to- be true and do so aiiege as
the truth that there are 1t this present
time and that there were az the time
OF the sale OF said steamship aforesaid
certain parties present in the City oI
Honolulu. and were and are coutcm'
plating and intending to bid at such
sale n sum greater than the said sun
jof $500. and that said parties were pre-
vented from bidding at said sale b.
cause of certain mistakes and misap
lprehensions under which they wcr.
laboring at and prior To- the time o
said sale. and
Whereas. these said parties have in
formed your petitioners that they ar
now prepared and are ready. wiliinl
and able to bid for and to give for sal,
steamship more than the sum o
$500.
Now. therefore. your petitioners. 60
the reasons herein set forth and 20
} other good and sufficient reasons d
hereby respectfully petition this Hon
. orable Court 20 refuse TO confirm sal
, sale so made and 20 declare tho sam
, null and void. and to order a re-oper
ing of the bidding at said sale. a r
. sale OF said steamship az such time an
|, place as shall seem meet and equitabl'
, and your petitioners will ever pray.
, This protest and petition IL base
: upon the afadavits hereto attached an
. made 4 part hereof. and upon sue
. other afidavits as shall be fled herei
, and upon all the plesdinEs aud exhib!'
, heretofore fled in the Clerks Office {
. this Court.
. Dated, Honolulu. February 23Fd. iss
AFFIDAVIT or W. J. SMITH.
, W. ]. smith. being first duly swor
. on his oath dsposes and says that /
|. Is sea-farlng man and has been eal
> tain OF steamships for the period (
ten years. and has followed his profe
. sion for the period OF tweuty-eigl
. years. and that he = acquainted w!'
. the steamship City OF Columbia an
. was her navigating officer from the CT
: OF Seattle to the port OF Honolulu du
. ing the last trip OF said steamship fro
. sad City OF Seattle 20 said Honolulu