The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-09-05

c. Hall to attend the Fifth Circuit |
Court term.
NEW MAGISTRATE FOR EVA.
s Hookano. as district magistrate for
Eva. Island OF Oahu, yesterday made
oath before Henry Smith. clerk of the
judiciary Department, to conscientious
ly and impartially discharge his duties
as such official.
FIFTH CIRCUIT INTERPRETERS
An order assigning japanese and
Chinese interpreters to the Fifth Circuit
for the August term was signed yester-
day by Judge Humphreys. The order
states that whereas the demands of
public justice require 1t, it is ordered
that the interpreters proceed forthwith
to Lihue, Kauai. Interpreter Jas. Ha-
kuole Harbottle was sent for the Jap
anese work.
DR.. ENGLISH TO LEAVE.
DIR. Chas. II. English, who recently
brought suit against Queen Liliuoka-
/ lani for breach of contract, has filed a
request with the Circuit Court asking
I that the case be placed on the calendar
OF the present term, as he desires to
leave the islands during the present
month to take up his residence in the
| city of Cincinnati. In his request the
! physician sets forth that he was en-
gagged by the defendant at Washington,
district Of Columbia, to accompany her
TO this city. as set out in the complaint
on file in the case. He states he is a
resident Of and has business in Cincin-
natl, Ohio. and has been forced and
compelled to stay in Honolulu. ''in con-
/ sequence Of the action of said defen-
dant, Lydia Dominis." There is urgent
necessity why he should leave for the
United States this month, so the physi-
clan states.
The motion will be made before Judge
| Humphreys tomorrow morning at 10
o'clock.
DEMURRER TO COMPLAINT.
The Hawaiian Gazette Company, by
its attorney Lorrin Andrews, has filed
its answer TO the complaint of Eugene
Avery for libel, demurring on the fol-
lowing grounds:
THAT the complaint does not state
facts sufficient to constitute a cause of
action.
2-That the complaint is ambiguous
unintelligible and uncertain.
Wherefore, defendant asks that it be
hence dismissed. with its costs and ex-
penses so far incurred.
! CHINATOWN INSURANCE CASE.
The parties to the assumpsit case Of
the Hawaii Land Co. VS.. Lion Fire In
surance Company. by their respective
attorneys have agreed that the facts
upon which their controversy depends
are real, and that the proceedings are
in good faith all of which are SUBJ
mitted to the justices of the Supreme
Court. either in term time or in vaca-
ton, to determine the rights of the par
ties thereto. The plaintiff is an Ha-
waiian corporation, and the defendant
is a foreign corporation, and that P. L.
Weaver is the duly authorized agent
Of said corporation in the Territory Of
Hawaii The plaintiff owned on and
prior to January 90, that certain lot
OF land situate at the east corner OF
River and Pauahi streets in Honolulu
aforesaid. A two-story frame building
was erected thereon, alleged to have
been of the value of $4,000. On the 9Th
OF November, 1899. the defendant in
consideration Of $3.50 premium paid by
ance. No. 13O9214. upon said building il
the sum Of $1,000 for one year. Th'
said policy is alleged by plaintiffs e
have been in force at all times above
mentioned.
The policy at the time same was is
sued was made payable to Peter c
: Jones & Co. Ltd, but prior to Januar,
. 20. all right of the latter company, un
a 49,, 81
and the same reverted to the sal
= plaintiff. and that at the time of tn
= destruction Of the two-story building c
e plaintiff by fire the plaintiff was tn
y holder Of said policy.
:, On December IS. 1899, Hon H. +
= Cooper, president of the Board {
Health, issued an order declaring tina
the bubonic plague existed in Homo
lulu, and placed a quarantine aroun
that part of the city known as China
town. which included the premises
IA plaintiff On January 10 the Board
Health declared certain buildings oth'
As than those of plaintiff infected wit
pc plague. On January 20 the history
-, the spreading Of the fire and the cons
10 quent destruction of Chinatown, Il
II Guiding the building of the plaintiff,
sh pay the insurance policy alleging tn
the loss comes within the exception
'i- named in the policy.
ms Plaintiff demands and claims that
is lawfully entitled TO collect and r
ne ceive from the Lion Fire Insuran
T., Company the sum of s., 600.
es J. T. De Bolt for plaintiff. Philip
or Weaver. agent and attorney for d
rs PENDANT.
~ MANY ARE NATURALIZED.
d. In Judge Estee's court yesterday I
Ter following naturalization cases were d
ed posed OF: Andrew K. Anwick. of Nc
by way; David Dunlop. Ireland; JUL
Hendricksen. Norway; @. a. Lars'
Sweden; George Johnson. Sweden:
G. Myhre. Norway; Carl f. Eklal
mo Sweden; Herbert Myhre. Norway;
1ly A Rodault. France. III. o. Schul
EXT Germany; John Madeira. Portugal.
nd BIRKIN CASE SUBMITTED.
ed In Judge Estee's court the case
I'm Frederick Birkin VS.. the master of