The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-07-15

in which the pending upon oath by heterogeneous.
otherwise, and by the any subsequent order orders
give all such directions touching the Hc place and
such examination and all other ani
nected with such examinations may appear reasonable aud
Just and it shall be lawful every s-ou aurhorzc the
examination Of witnesses by amy rule ocr. writ commission
made issued in pursuance ~ hereby author
lied and required to take all such examinations.
We Of the opinion provision ii statute
the may give all directions touching time place
and such and all other ami
cn~tancc connected with such examination may appear
onabe and just, clearly the discretion the
Of the commission which may order.
The relating evidence and the obtaining
evidence contain various provisions which mana
tory such, for instance, the requirement that upon application
of party action the clerks "f the shall ISSUE sui
for Witnesses and in where the deposition of wit
is required pending upon application district
magistrate circuit Judge clerk of notice shall be given
the adverse appear appointed time and place for
taking the deposition.
In other instances, clearly plainly given.
in the aforlne discovery ieant- When party
action applies the Il rule order he allowed
inspect real personal property the Inspection of which
be material the proper determination Of the question in
dispute the provides 1T shall bc lawful for the
amy such Judge, they he think make such rule
order
Upon the presented this it i necessary
discuss whether the Judge i vested with dicre
ton whether any commission shall he issued. for the
has granted the order for commission examine witnesses up
written heterogeneous and but declined
grant Il commission for their oral examination
The reltor submits that should the hold that the
ing of his application within the discretion
Judge, that clear abuse of discretion. amounting practical
denial of Justice, has been shown.
While the grounds for refusing the application have been
fully shown and do understand why the order
granted of opinion that under the circumstances Il" the
presented such abuse discretion has
shown will Justify this in issuing writ Of Inantamu~
In virginia Rircs, 100 L. :. 323, the says In
what such writ warranted by the principles and
of law, it Is always determine It, has been very
much extended i'll modern times. and may he said I" bc
established remedy obigc inferior and do
that justice which they in duty and 10y virtue of their office
bound to do 1t does lie control Judicial discretion.
ccpt when that discretion has been abused"
Were this the last opportunity the rcaor lad obtain
mission for the examination witnesses there would
ground for granting the But if upon being
of the commission which the Circuit Judge has granted it j.
shown that the evidence has been obtained and justice
Ius that another commission should application
be made.
1t would that the additional delay AMI expense could hc
avoided by granting the desired commission now. this
troll the judicial discretion of the Circuit Judge
.lHo,n'yG0'1uI H. T.. copper anil N. i. HcJT for the
petitioner.
Kinney, BaiIo" G UcCIanohoD. for the respondent.