The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-09-03
DECISIONS
NOW FILED
Two Cases are F formally
Adjudicated.
CHINATOWN INSURANCE
Judge SilIiman Gives the Written
Findings in zee Wo Chan
Suits.


natown insurance cases which were de-
cided by Judge silliman some weeks
ago. were filed on Saturday. They
were in the cases of zee Wo Chan
Company VS.. the Magdeburg Fire In
surance Company and tine Trans-At-
Iantic Fire Insurance Company.
The decision in the former case is
as follows:
This il an action of assumpsit
brought upon n contract of insurance
in which the plaintiff seeks to recover
from the defendant the sum of $1,000,
the amount of the policy.
II find that the plaintiffs are CO.
partners doing business as merchants
in Honolulu under the firm name OF
\ zee WO chan * Co, and that the de-
\ PENDANT Is a corporation, incorporated
under the laws OF Germany, and en-
gagged I'm the fire insurance business.
The evidence shows that the plaintins
and defendant on the 18th day OF Octo-
Der, 1899, entered into a contract where
by the defendant insured against direct
loss or damage by fire, subject TO GER
I tain exceptions set forth in the policy,
the merchandise contained in the two
story building situate on the east side
OF Maunakea street. near King street.
Y In Honolulu. occupied by the insured
as a store.
The policy contains the following
clause: This company shall not be
liable for loss caused directly or in
directly by invasion, instruction, riot,
civil war or commotion. or military or
usurped power, or by order of any civil
authority
1T appears that during the recent
epidemic of bubonic plague which WIS.,
tied this city the Board of Health in
spected the locality bounded by Kukui
Nuuanu and Beretania streets, and the
Kaumakapili Church premises and "A
line drawn in continuation thereof TO
Kukui street. and passed resolution
on January 10. 1900, declaring that
said locality was I'm an insanitary con-
dition and infected by bubonic plague;
that the infection could not be removed
BY any means but fire. and ordering
that the buildings within the bounda-
ries be destroyed by fire. In pursuance
with said resolution DR.. G.. Il. Wood.
president OF the Board of Health, on
| January 18th, issued an order to An
drew Brown. fire commissioner. direct
> ing him to burn said buildings.
4 Acting under this order the fife
commissioner caused the fire to be
started In one OF the said condemned
buildings by and under the supervision
; Of the Honolulu fire department on
) the morning OF January 10th. The
. fire having been so started accidental
~ spread to the Kaumapili Church
edifice and thence through several
; blocks OF buildings 10 the water front
; including the stores of plaintiffs and
|. the goods therein contained.
. "I~Gpd that there was only a mod
I crate Breeze blowing at the time, and
, that no new cause interviewed between
the setting Of the fire under the order:
!, OF health authorities and the burning
|. OF the merchandise by the policy II
question.
ssrha orfe-ipat 6ra saf near tba Lrau
, makapili Church as aforesaid was tn
\ proximate cause of the destruction o
> plaintiffs property. IL was. in fact
y the same fire. The plaintiffs loss wa
- the direct result OF the order OF tn
civil authority I. e.. the Board o
Health and the acts of another au
thority, the officials Of the fire depart
ment.
Counsel for plaintiffs contend tina
In order to avoid liability the defen
dant must show that the order of tn
civil authority was lawfully made
they claim that there Is no evidenc
. To show that the order of the Board o
" Health was legally made, and furthe
urge that the Board had no authorit
~ To destroy the said buildings 1t ha
D condemned and ordered burned.
The evidence shows. however tina
the Board OF Health was acting i'm goo
faith In the premises and passed tn
said resolution and issued the said oil
der In Its attempt to stamp out I'll
epidemic then prevailing. and that III
fire department acted I'm like good fait
In pursuance Of said order
1T Is sufficient that the action wa
l taken and the order issued boa fd
and without going back of the Older
ascertain whether or not the Board ,
Health was acting within the scope
its legal authority in making the sa
order. hold that the loss was the q
a Of hs. .fr
thority within the meaning of IL
" above quoted clause OF the policy
~ Let Judgment be entered for the d
PENDANT"
LGBELS AGAINST VESSELS.
Libel suits against various vessels
port occupied Judge Estee's attenti,
In the Federal Court on Saturday
The Enterprise case was the first
be considered. Fred Birkin, one of q
\. sailors. was the complainant, and
" objected To the treatment he had r
II celved on board. showing by DIR. Wa
> son. as well as some of his fellow sal
something of the troubles he had u
dergone. The case went over un
tuesday.
a $500 bond was filed by the repr
r. sentative OF the bark Empire, viii
~ had been attached by her former or,
for wages due them. The vessel 9
on on saturday. The case is to be ia
en- 10 the Circuit Court OF Appeals.
a 5000 bond was filed to release {
ship Carnedd Llewellyn from attac
nent. Her sailors also want wages a
damages Cor ill-treatment. Their ste
was told N length in the Advertiser
Friday.
DIVORCE PROCEEDINGS.
ON Saturday Emma c. Dudoit "
granted divorce from Charles bud,
on the ground of desertion, adultt
and failure TO support. ]. T. De II
appeared for Mrs. Dudoit
John :. Andrade. who is suing
NAL wife. Adelaide Andrade. for divor
ling was ordered by the court TO pay her
Tub sum OF $50 per month alimony dur
the tendency Of the suit.
Au- AVERY BRINGS ANOTHER SUI
As a result OF the dismissal OF
suit In the United States District Co
Eugene Avery nu Gaf