The Hawaiian gazette., 1900-11-02
No Civil Commotion Here at the
Time of the Fire.
so SUPREME COURT HOLDS IN ONE:
APPEALED SUIT FOR INSURANCE
In Two Others it Declared That the Conasacn Done
by the Act of the Civil
Autlcrie les.

to the expression. by order of the civil
Authority" The contention that to cx-
empt the insurer from liability the or
der must be lawful and that the Board
of Health could not lawfully burn
buildings. The court holds tina tho M
sured cannot raise such n question.
THE BOARD OR PLAGUE?
Much space Is devoted to the question
whether the order OF the Board was the
cause OF the loss from Il legal stand
point or whether the plague was the
cause. A long line of decisions Is quot
ed on this Acore.
Where loss by fire" the opinion
says. "is Insured against and loss caus-
ed directly or Indirectly by the order
of any civil authority is excepted. the
order and not the fire should be regard
ed az the cause within the meaning ot
the contract. But since loss by plague
| Is neither insured against nor eXcectcd.
the plague cannot be regarded as the
cause of the loss of property destroy cd
by fire ordered by civil authority,
though in consequence Of the plague.
We may add also that here as in the
Virginia case (mentioned in the opIn-
ion) there was not the same pressing
necessity for the destruction OF the
property either in point of time or AZ 20
the method of destroying 1t as there
was in the case OF Insurance Company
against Boon (cited above). Nor was
there the same recognized duty to de-
stroy It at all. In cases OF that kind
there was a well-recognized military
necessity and duty to destroy property
Ut, l.,. Oh ,ir
so that in making the contract such
losses could fairly be considered as in
tended to come within the scope OF the
exception. But there is no well-known
necessity or duty or practice of bum
ing buildings in case of plague or other
infectious diseases. On the whole we
are of the opinion that within the
meaning of these policies the loss must
be regarded as caused by the order of
the Board OF Health and not by the
bubonic plague. Whether the Board OF
Health was justified in issuing the or
der is not before us.
Both the opinions are written by CEIef
Justice Frear and are concurred in by
Justices Galbraith and Perry.
The attorneys for the Yee Wo chan
Company were Paul Neumann and w.
A. whiting. and for the Magdeburg IN
surance Company and the Transa'l3n
tic Insurance Company were l.. a.
Thurston and Robertson and Wilder.
J. T. DeBolt was attorney for the IIa-
wall Land Company and Castle and
Weaver for the Lion Insurance Com
pany.
KOOLAU CASES RESTORED.
The "Koolau cases" so called, flre in |
number which were thrown out of
court at the beginning of the August |
term by Judge Humphreys for fal ure |
OF the attorneys to appear, We're all or
dered placed on the calendar by the
Supreme Court yesterday.
The decision in each is the same and
Is: THE exception to the order of lis
the appeal is sustained and the
case is remanded to the Circuit Court, L
First Circuit. for further proceedings
consistent with this ruling. An opinion
viii be filed later"
The titles OF the 1--WE cases are John
Bell vs. Pulea. John Bell vs.. +. Pahia,
1. III. Parker, John Bell and william
henry vs.. Palea. and T.. PahIa VS.. Fa-
ca. They arose out OF trespasses by I
attle on the Koolau side of the ISL I
nd and have been appealed from the {
District Court To the Circuit Court and | I
hen to the Supreme Court. N
CASE GOES TO HIGIILR
COURT. |
The William Carson case win be ap-
called to the Circuit Court of Appeals ,
the Ninth Circuit. citing in san !
francisco. The Supreme Court last
eek rendered judgment for the owners
nd agents OF the Carson. George u. I,
lind ct al against the Wilder's Steam =
nip Company. owners OF the Claudiae,
hich ran the Carson down and sank ,
er and now the Wilder Company pro-
ose to take the case to San Fran 2,sCo
n the questions OF law and OF fact
hlch are involved. The notice OF APP
cal was filed yesterday by Kinney,
allou & McClanahan. on behalf Of the
'ilder company. I,
AGAINST GUARDIAN. \
In February last chargcs were Cled c
salnst John Pae. guardian OF K'aIo-
aokalanl tk). minor OF Eva, by Il
rank Archer, and these are 10 be In n
In the courts, An order has e
zen Issued by Judge Humphreys yes q
rday setting the case for Friday, II
- c