The Hawaiian gazette., 1900-08-03
CANNOT SUE TERRITORY.
Government May Keep
Land.
Decision Of Supreme Court In Case
of Much Importance HIo
Land Case.

Actions in ejectment may not he prose-
cuted against the Territorial Government
unless / consents to be sued. This prln-
ciple was established yes eruay hy deci
sion of the Supreme Court in the eject
ment case OF John Il. Bush ct al. against
the Territory OF Hawaii.
The case was one to recover certain
parcels Of land In Honolulu which were
located in that part OF the city known as
the Charles Kanaina estate. The defend.
ant demurred generally, leaving the sole
question to be determined by the Court
whether ejectment lies against the Terri
tory. The Government may be sued where
IL consents, the opinion holds, but II Is
contended that actions of ejectment may
I've maintained against 1t under the sec
ton of the Territorial laws which gives
the Supreme Court jurisdiction of all
claims against the Government founded
upon any statute of the Territory or upon
any regu' alton of an executive depart
ment or upon any contract. expressed or
implied with the Government, and all
claims which may be referred to it by
the Legislature. Claims against the Gov
eminent may be founded upon statutes
which provide for the payment of salaries,
pensions. etc, but not upon a statute
which merely provides to some extent
what course of procedure may be pursued
in ordinary actions of ejectment.
On other points the reasoning Is the
same and the court sustans the Govern
ments demurrer and dismisses the com
plant l.. NJ. Robbins, assistant to the
Attorney General. appeared for the Gov
ernrert, and Magoon and Long for the
plaintiffs.
MUST DELIVER DEED.
The Supreme Court yesterday handed
down a decision in favor of the defend
ants in the case of John Bohnenberg ct al
VI s,~1,, ne n Who. -,-
for the cancellation of a deed delivered in
escrow and for the forfeiture of a cash
payment made on account of the pur-
chase price of the land. There was also
a cross bill for the delivery of the deed
upon payment of the balance.
The suit involves land near fiilo. Zim-
norman made the purchase of land, pay
ing $500 down on the price, $500, and
agreeing to pay the balance, $500, with
in certain period He pad 1t In the
form of a check before the time had
elapsed. but Bohnenberg refused to ac-
cept 1t and demanded gold. II was not
to be obtained in Hilo and Zimmerman
was not able to get 1t together until ten
days later. when he paid it with the in
terest. But Bohnenberg refused to turn
over the deeds, hence the suit. The Court
holds that In equity tine Is not to be re-
garded as of the essence of the contract
unless the Intention to make 1t so clearly
appears.
The opinion was written by Chief JUS
tice Frear and Is signed by FU.mer Cir
cult Judge Stanley, sitting in place of
Judge Perry. who was absent, and s. M.
Ballou, of the Honolulu bar. In place Of
Justice Galbrai.h who was disqualified.
SILK GOWNS FOR JUDGES.
When the Supreme Court next sits its
members will be gowned In the finest of
silk gowns. When Judge Perry went to
the Coast he took with him the measure
ments of the three Justices, and the
gowns We're received by Henry Smith.
clerk of the Judiciary Department, yes
tcrday. They were manufactured in San
Francisco and cost the tidy little sum OF
$50.
COURT NOTES.
The Oki & Ota Company has brought
suit aga Inst Wilson e Whitehouse on two
promissory notes, amounting in value to
SEQ.
The report of II. A. Bgelow. as master
in the matter of the estate of James Gay,
was approved by Judge Humphreys yes
terday.
Judge Humphreys yesterday denied
motion to sell personal property belong
ing to the estate of ]. C. Riordon.
Iaalehana was yesterday appointed ad-
ministrator of the estate of Kamai, a
native woman who died recently in this
city. The estate is of merely nominal
value.