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

Executive Chamber,


Justice Of thr supreme Court of the
Hawaiian Islands.
while in the cases Of other vacan-
rl.s I'm official positions Of this govern
w.nt | have followed the practice OF
making appointments subject to your
authority, | have preferred In this mat
ter, considering the importance of the
position and the prospect of an early
substitution of new form of govern
ment for our present system, to refer
the matter to you for your instructions
| in case you should desire to give any.
Judge Judd has been incapacitated
| by illness from attending TO his official
duties for a good part of year and
has resigned, as understand, because
of tnat alone. His absence from judi
Cial work has, TO some extent, been an
| Inconvenience to proceedings in the
| Supreme Court.
ut is desirable that the place be
filed without unnecessary delay.
II have not accepted his resignation
as yet, as that would embarrass the
status of the Court, there being legal
provision for temporarily filling the
place of an absent justice, but none
providing for an absolute vacancy, ex-
cept by permanent appointment.
Judge Judd's address at present is
Clifton Springs, New York.
Il am, Mr.. President, most respect
fully yours,
(Signed.) SANFORD b. DOLE"
ITO the President Of the United
States, Washington"
Il hereby certify that the foregoing
s true and correct copy of letter
written by President Dole to President
Mckinley under date of December 2Sth,
1899.
lSgd.l KATE KELLEY,
Clerk Executive Council"
a. +. Judd Jr., son and attorney-in-
fact Of the Chief Justice, was seen at
his olnce and asked regarding his
knowledge of his fathers intentions.
lie said in reply:
II know that my father intended his
resignation to take effect only when his
successor was appointed. lac talked it
all over with me, and said that any
other construction would involve n
serious intorregnum. talked the mat
/ ter over with President Dole when |
handed him the resignation. President
Dole understood the matter in the way
it was thus represented"
/ Justice Froars understanding that
/ Mr.. Judd still drew his salary as Chief
/ Justice was confirmed in the proper
| quarter. His salary is paid till the end
Of February last. In fact, an affidavit
to that effect will be presented in court
tomorrow.
One theory heard in support of the
contention that the Office of Chief JUS
tiCe is not actually vacant is that the
tenure of the Office being for life, sub
ject only to Impeachment 1t cannot e
come vacant even by resignation until
a successor to the incumbent reslgning
has been appointed.
Bonds in 81 900 each have been filed
on appeal by plaintiffs in the three
cases Of Bruce Cartwright, trustee
Maui f. Pluger and Edith Morton, j
A. Cummins and Liliuokalani. al
against the Minister of the Interior
he suretiCs being Il. b. McClanahar
n the first case, and J. o. carter "
The other two cases. These appeals arc
from injunctions restraining the Min
Ster of the Interior from en.CrinS al
ands of the respective plaintiffs. fni
ands We're at the instant being lakeI
N the widening of Beretania street.
Return of summons has been mad,
II bill in equity to set aside a Iced
'tc., of Sarah Ann Berger VS.. Charlie
Y. Booth ana Charles S. Desky. Com
llainant sets forth that she owned IA:
quail interest with her brother, the de
| I'm cit hn
wGen Pauoa and Nuuanu, Honolulu
md that while he was negotiating wiz
he defendant Desky to sell the proper
for 100000, he wrote to her the
n San Francisco representing that he
interest in the lands was worth abou
5000 and he could secure that amour
or her as consideration for her inter
, est. BY reason of her relationship I
3ooth she says she placed great con
lucnce and trust in his statements ant
believing them to be true, she execu,
ID a deed transferring all her RICH
tile and interest in said lands to he
brother, Charles w. Booth. Con-
Ilainant AYERS that her interest s
transferred was worth at least Sl4,2S
md that her brother actually oDtaine
. over $4,000 therefor. She asserts thu
. he sum paid to her by her brother WI
$ grossly inadequate, and the deed ol
s aimed from her by misrepresentation
q subtelty, cunning, craft and fraud
/. Also, she alleges that Charles S. Desk
E well knew, when he obtained an int
S st in SAID lands, how Charles v
= Booth obtained the said deed from b
# sister. She had offered to refund Il
d money to her brother before this su
was brought. Her prayer is that ii
r defendant may be restrained fro
II making any disposition of, or exerci
Il ,ng any ownership over. the proper
d N ques..on; that her deed to Booth
cancelled; that Desky be restrain,
9. from receiving any of the purcha
lie money from Booth, and be declared
.rustae To hold tho For hsa,. L,.,