The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-12
To PROTECT
THE FORESTS
Puma Sugar Company
Sued.
GOVERNMENT PLAINTIFF
Richardson Estate Increasing--E Emil
Uhlbrecht's Children
Court News.

The Puma Sugar Company has differ
ence of opinion with the Territorial Gov
ernment In the matter of cutting timber
IN me lands at Waiakahiula and the ques-
ton has been submitted to the Supreme
Court for decision.
IN the submission 1t Is stated that the
company Is the owner of a tract of land
at Waiakahiula, in Pahoa, Puma, Hawaii.
ana that this tract borders on q road con-
structed by the Government through a
natural forest. The company has been
cutting and destroying forest trees. shrub
berry and underbrush within $50 feet of
the road and claims the right to continue
so doing
Inc Attorney General claims that the
company has not such right. and issue is
Joined squarely on the point. The facts
are agreed to and the matter is submit
ted to the court.
The question of law at issue ia the con-
stitutionality of sections 1917. 1913 and 1919
! OF the Penal Laws. which the sugar COM
pany claims are contrary to the Fifth
Amendment to the Constitution of the
/ United States
Inc sections upon which Attorney Gen.
eral Dole relies plainly forbid cutting tim
/ Der within $50 feet of any Government
road running through a natural forest,
ano provide fines for any violation of the
law.
The sugar company claims that such
law Is taking private property without due
process of law, as IL prevents them from
securing reTenue from the cutting of the
timber.
I INTERPLEADER CASE DECIDED.
: The Supreme Court rendered decision
yesterday In the case of zee Wo vs.Chung
Lup Yee, sustaining the decision OF the
Fifth Circuit Court and dismssing the
appeal from the ruling of that court. The
case hinged principally on the construc-
/ ton of the law of interpleader. 1t arose
out of the seizng of goods and chattels
4 belonging to the defendant for judg-
ment of $500. which was claimed to be
owed. The Judge ordered that zee Wo
show cause why the mortgage should not
be paid first out of any moneys received
fIom the sale on execution and that all
proceedings be stayed until the hearing
! and decision of that question. zee Wo
demurred on the ground that an order of
interpleader could be granted only on the
application of the officer, who had seized
the goods and not on the application of
adverse claimants. The Judge sustained
the demurrer and the appeal was taken
on the point the decision Of the Judge
=
for plaintiff in error and j. ID. Willard
for defendant in error.
THE NEW CARSON CASES.
In the two cases recently filed against
the steamship Claudine by ]. p. Low and
John Piltz for damages resulting from
the sinking of the william Carson. Judge
Estee yesterday ordered the amendment
OF the complaints so as to show that the
lights on the two vessels should have
been visible at a distance of two miles in
stead OF half mile, as was alleged in
the complaints. 1t was likewise ordered
that the two causes should be combined
and tried on the same statement OF facts
Low Is suing for about 5000 for the
cargo of coal which the Carson was car
rvinE. and Piltz. who was the master OF
the Carson. sues for the personal property
which he lost by reason Of her sinking.
RICHARDSON ESTATE INCREASING
r. u. Mead has presented his report as
master in chancery to examine the ac-
Z count of r. w. Macfarlane and August
Ahrens. as guardians of the property o.
Ruth and George Richardson. These &C
counts show that the value of the estate
on April IL. 1899. was s95 1880. while OF
/ April 30, 1900. its value was 500, 23.0i, q
net increase of ss.73s.32- The report states
that the accounts are well stated and rec
ommends their approval.
J. o. BANNINGS ESTATE.
Three reports have been filed In th'
Circuit Court by r. ID. Mead. master II
chancery TO examine the accounts of Mrs
I Clara II. Banning. trustee OF the es
. tate of j. o. Banning. In the last ii Il
! reported that the trustee asks to he al
lowed the sum Of $40. The valuation
Of the estate IL s74.055. An error of thir
teen cents is found in the accounts. bu
: otherwise they are approved
WANT AN ADMINISTRATOR.
The City Furniture Store has appliet
, TO the Circuit Court for the appointment
of Frank T. Thompson as administrato
OF the estate of james j. Stewart. tn
property consists of $500 in real estat
: ard cash. and the heirs are sisters an
: hrothers in Washington, in Ohio and 4
England.
/. EMIL UHLBRECHTS ESTATE.
!. Mrs FmIlie Uhlhrecht widow OF En-
Uhlbrecht. who was drowned so tragicai
, iIy of Makapuu Point and whose foot wa
found in the stomach Of a shark. has hle-
her account guardian OF the chlidret
ard asks that some suitable person be ap
2 pointed as guardian In her stead IN
! estate consists solely of property at wal
XXI which Is valued at $3.50.