Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1900-03-24

BUuu, has itlCd sworn cam 10 Io'-
sUual property given and set apart for
her by ucr husband in his lifetime, to
wat: one piano, one wardrobe, one
rocking chair, one ornamental clock
one phaotuu, all the unrugIaimod and
uurgduJmanlc 'icwcly I'm the safe and
one parrot all OF the value Of about
gl8SIs5. also one sewing machine of
The value Of $50. Judge Perry has
cited Robert w. Cathcart and Rcbec-
ca =. Dudd. executor and cXeCutriX of
the will to appear ut 10 O'Clock ON the
..od inst, and show cause why the
property should not be ordered to be
delivered to the claimant. Paul Ncu-
mann and Geo. A. Davis are proctots
for claimant.
4. G. Cunha, executor of the will of
Anton G. Cunha, has filed his tenth
annual account showing receipts of 1855
and payments of S55i.i5. the balance
of Sl31.55 represents two dividends due
Mrs. |. @. Tewksbury in hands of
executor pending masters report in
court.
Judge Perry this morning over-ruled
the demurrer of defendants in G. l..
Helm VS.. +. b. McStocker and 7. w.
Hebron. Defendants entered eXcep-
tons. The suit Is for damages for
stopping the passport of plaintiff to
prevent his leaving the country, there
fore to some extent involves the con-
stitutionality of the Hawaiian pass
port lIw. Davis for PLAINTIFF; Robert
son a. Wilder for defendant.
Wednesday, March u.
Attorney General II. L. Cooper ap-
peared in the case of J. h. Bush ct al.
VS.. Republic of Hawaii before the Su-
preme Court this morning, and filed
affidavits on the question of the
Courts legality by President Dole, A.
+. Judd Jr and Auditor General II. G..
Austin. These afidavits covered the
substance of the matter published in
yesterdays Bulletin.
Geo ID. Gear, intervening according
to the invitation of the Court yester-
day, spoke as follows: The resignation
speaks for itself and any effort to con-
tradict it would be as incompetent in
this Court or any Court of law. Here
especially it is inadmissib.e in that 1t
seeks to place before this Court EVIL
dence as to what was in certain let
tiers. If there have been letters of that
kind written the letters are the best
evidence. The affidavit seeks 10 state
his fathers intentions which cannot
be set forth in the way he has attempt
ed. That lit was his understanding of
the law that his resignation would take
effect only upon the appointment of
his successor, that he SO intended 1t
and that words 10 that effect would be
merely supcrfuous." ] object to all
that part of the affidavit. Also to the
part of the affidavit which speaks about
instructions given me by my father
since he wrote his letter of resigna-
ton" and reiterated in a .et:er writ
ten by his direction; that on the oc-
casion of the writing of his letter OF
resignation | drafted letter for him
which specified that his resignation
was to take effect upon the appoint
ment of his successor" | ask that that
letter be produced in evidence and that
that part of the affidavit be not receiv-
ed by this Court on the ground that II
there is any such letter it should be
produced. | object to the further
statement in here that he has not re.
ceived from his father amy intima.
; ton that his resignation was intended
, to take effect or that he desired that
it should take effect except upon tho
,, appointment of his successor" as in.
consistent with the facts as hereinbe'
fore set forth. / also object generally
on the ground that II is irrelevant, in
competent and immaterial, on thu
ground that il is hcarsay and that II |!
not the bst evidence and on tht
grounds before stated. Also on thu
round that it directly COntradicts hi
2 esignation which the Court must con
!, Strue by the terms Of the resignation
5 tself. 1t cannot be contradicted b!
= larole testimony.
4 A. S. Humphreys remarked: ! desir
: 70 join in the same objections for tn
: same reasons.
|, The Court presume the hes
n curse would be to have the affidavit
: lied and received subject to the oh
Ia iections as to how far the evidence |
n 'elevant
lt Mr.. Gear-On the AFFIDAVIT OF tn
u auditor General being filed, resumed
: make the formal objection to tn
O affidavit that 1t is incompetent, irrele
+ want and immaterial. The question G
!, whether he drew his salary or not
T. 'mmaterial and it cannot affect hi
t, resignation. And further that at tn
n line that he was supposed to hav
l. given his power OF attorney he was nc
10 competent to give It, having been In
50 capacitated by serious illness.
~ Mr.. Humphreys-l desire, in orde
II that l may get my contentious befor
Is the Court, to state on behalf of m
D. clients that shall contend that there
n, an absolute resignation without refe
ence to its acceptance. shall conten
~ furthermore that there has been a
r abandonment of the office. ana sha
v. contend Furthermore that the Office
is vacant by reason of the insanity of Il
he Chief Justice, as provided in article
~ | A..