The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-08-02
THE LAWYER APPEARS IN THE
POLICE COURT.
The Stories of a Suit That Was a
Boomerang and a Summons That was
Returned.

George A. Davis appeared in Judge
wilcox court this morning with "a
demurrer, in answer to a penal sum
MONS issued by High Sheriff Brown, un-
der Section 693 of the Penal Code. Davis
is accused of doing buiness as a notary
forfthree years, without paying his IL
Cense.. Brown has been after the law
yer for some time to get the r1Oney
and says that when asked to pay. up
Davis had only a merry Ha Hal for
answer hence the issuance uf The sum
mons. 1t is claimed that demurrers are
not applicable to cases in the Police
Court, and just what will be the effect
of the paper that was filed this morning
is something of a mystery.
Attorney Davis was in court bright
and early this morning, and wrote sew
eral sheets of foolscap in record time.
When the calendar was half way
through he rose and offered the paper,
which was the demurrer to the penal
summons. The High Sheriff suggested
that Davis was premature in bringing
up the matter as tomorrow is the day
for hearing, whereat Davis sarcastical-
ly intimated that the he didn't want
any advice from the public execution
er." He asked the judge to receive the
paper and it was duly filed. 1t now
rests in the desk of the judges clerk
and the police are wondering just what
! it is.
There is story behind the summons
and another one behind Davis early
appearance in court The summons
| is a sort of come back" from Davis
recent action against Brown, in the
matter of the Edwards case. In the
latter suit Edwards and Davis alleged
that Edwards, who is under sentence,
and whose petition for habeas corpus is
undetermined, was being compelled to
work as convict. He wanted Brown
nj n isl nt f1a
pers in this suit is an affidavit by Ed
wards, witnessed as a notary by Davis.
1t is for witnessing this paper when, 1t is
alleged, he had no license so to do, that
Davis is now summoned. The summons
charges that Davis has been doing bus
mess for one month last past without a
| license, but ii is said that he has three
years arrears to pay before he can get
new license.
The defendants error in supposing
that the case was to come up this morn
| lug is due to the unique treatment tie
summons received When served with
the paper Davis sat down and wrote
| his compliments to the sheriff across
the face of it, and sent it to Brown
by mail. Davis intimated this morn
! ing that he had another paper to file
in the matter, and he showed some
more writings to the court. When told
| by the high sheriff that he was calling
| up MS case DeIOfe Ine time set ne ap-
pealed to Judge Wilcox on the ground
that he had a right to file papers in his
case at any time and the demurrer was
duly received.
The legal document filed by Davis
alleges that the summons does not
state sufficient grounds to constitute a
cause of action. 1t abounds in legal
phraseology. One phrase which attrac-
ted attention was the claim that de-
fendant, who is represented by himself
as counsel, is mot subject to the laws
of the Territory of Hawaii" in the mat
ter. Defendant asks that he be given
judgment and that the case be dis
missed.
The lawyer is expected to appear in
court tomorrow morning to answer tC
the charge. The section under which
he was summoned provides that any.
one who carries on a licensed vocation
without paying the license required
shall be fined a sum not less than tn,
cost of a years license and not more
than twice that amount. The annua
notary license is so.