The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-08-02
CANNOT SUE
TERRITORY
Government May Keep
Land.
.EJECTMENT DOES NOT LIE
Decision Of Supreme Court In Case
Of Much Importance -HiIo
Land Case.

Actions i'm ejectment may not be prose-
cuted against the Territorial Government
ciple was established yesterday by a deci.
sion OF the Supreme Court In the eject
ment case of John f. Bush ct al. against
the Territory of Hawaii.
The case was one to recover certain
parcels Of land in Honolulu which were
located in that part of the city known as
the Charles Kanaina estate. The defend
ant demurred generally. leaving the sole
question to be determined by the Court
whether ejectment lies against the Terri
tory. The Government may be sued where
II consents. the opinion holds, but It is
contended that actions Of ejectment may
be maintained against it under the sec
ton of the Territorial laws which gives
the Supreme Court jurisdiction of all
claims against the Government founded
upon any statute Of the Territory or upon
any regulation of an executive depart
ment or upon any contract. expressed or
implied with the Government. and all
Claims WHICH may 10 IL ny
the Legislature. Claims against the Gov
eminent may be founded upon statutes
which provide for the payment of salaries,
pc nsions, etc, but not upon a statute
which merely provides to some extent
what course OF procedure may be pursued
In ordinary actions Of ejectment.
On other points the reasoning Is the
same and the court sustains the Govern
ments demurrer and dismisses the COM
plant. l.. NJ. Robbins, assistant to the
Attorney General. appeared for the Gov
eminent. and Magoon and Long for the
plaintiffs.
MUST DELIVER DEED.
The Supreme Court yesterday handed
down decision in favor of the defend
ants in the case Of John Bohnenberg ct al
w. Anna Zimmerman ct al The case was
for the cancellation Of a deed delivered ir
escrow and for the forfeiture of a cash
payment made on account of the pur'
chase price OF the land. There was also
n cross bill for the delivery of the deed
upon payment of the balance.
The suit involves land near Hilo. Zim
norman made the purchase of land. pay
ing 500 down on the price, $500. ant
lagrecing to pay the balance, $500. with
in n certain period. He paid II in tn
form Of a check before the time ha'
elapsed. but Bohnenberg refused to &C
cept II and demanded gold. II was no
to be obtained in Hno and Zimmerman
was not able to get II together until te
days later. when he paid IL with the in
J terest. But Bohnenberg refused to tur
J over the deeds. hence the suit. The Cour
J holds that In equity time is not to be re
! garded as of the essence of the cont-ac
J unless the intention to make IL SO cieasl
appears.
The opinion was written by Chief Ju.
Z nr.I L. ager 49, 1,
cult Judge Stanley, sitting in place {
Judge Perry. who was absent, and s. \
Ballou, OF the Honolulu bar. In place
Justice Galbraith. who was disqualified.
SILK GOWNS FOR JUDGES.
when the Supreme Court next sits q
4 members will be gowned in the finest
I silk gowns. When Judge Perry went
the Coast ne took with him the measur
4 ments of the three Justices, and IL
gowns were received by Henry Smit
clerk of the Judiciary Department, ye
terday. They were manufactured in 81
Francisco and cost the tidy little sum
$50.
) COURT NOTES.
The Oki & Ota Company has broug
suit against Wilson & whitehouse on I,
- promissory notes, amounting in value
u SEQ
Inc report OF n. n. BlgeloWs as rrlaSl
n In the matter of the estate of James Ga
was approved by Judge Humphreys "
4 terday.
Judge Humphreys yesterday denied
Z motion TO sell personal property belor
r ing to the estate of J. G. Riordon.
q Haalehana was yesterday appointed 6
ministrator of the estate of Kamai,
z native woman who died recently in I
city. The estate Is of merely nomii
q value.