The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-08-07
CREATES i
PRECEDENT
A New Ruling by Judge
Humphreys.
TO ATTORNEY GENERAL
Head Of Police Department Canno,
Defend Officers Exceeding
Their Duty.

Judge Humphreys took occasion yes !
terday to announce his disapproval of
the system which has heretofore OBJ
tanned of permitting the Attorney Cen
eral to appear for any officer who
was sued for damages for any act he
may have done in the course of his Of
icial duties.
This custom is one of which I hear
lilly disapprove," said the Judge from
the bench. land 1 believe 1t has been
the cause OF many abuses in the police
department In the past. 1t Is not right
that an officer, when he makes an ar
rest for any cause should be able to
feel that II he had exceeded his rights
and should be personally sued for false
arrest that the officer who would pros
ecute the case, would defend him. L
think IL has led to many cases where
wrong has been done. and 1 shall not
permit II In the future In cases which
come before me-"
The matter came up when the case
OF Kaupena Kamaina vs.. ]. II. Ka-
mauna was called to be set for trial.
Charles Creighton appeared with 7.
McCants Stewart for the plaintiff. and
Attorney General Dole and J. l.. Kau-
lukou for the defendant. When Judge
Humphreys learned the facts in the
case. that the suit was one for dam
ages against the defendant for an ar
rest, and that the Attorney General
was appearing for the policeman. he
consulted the statutes and ordered the
Attorney General to withdraw from the
case. Mr.. Dole announced his exception
to the ruling of the court. and Judge
Humphreys read bis authority and reit-
Grated his ruling.
"Win the Court permit me to be
heard on this matter?' asked Mr..
Dole.
II don't think 1t is necessary" replied
Judge Humphreys. for you have al
ready noted your exception to the rul-
ing Of the Court. and I do not think
that anything you may say on the mat
: ter will change my mind"
Mr.. Dole sat down.
The plaintiff in the case. Kaupena
Kaimana, was arrested by the defen-
dant, j. II. Kamauna, who was then
''hoomanamana" or witchcraft She
i, was discharged and Immediately insti-
. tuted proceedings against Kamauna fol-
malicious prosecution. In the Circui
Court she was given $1,000 damages
but the case went to the Supreme Cour
where IL was reversed on the grounC
that the damages were excessive. i
Is now coming up for the second trial
REPORT OF BISHOP TRUSTEES.
The trustees of the estate of Mrs
Il. Il. Bishop have filed their annua
4 report In the Circuit Court. IL show
receipts for the year of s19l, s04 II. an
p expenditures of $751;. .16. leaving
l balance on hand of s4.053.95.
The report mentions the death c
Rev. Charles NJ. Hyde, one OF the trus
tees, and the appointment in his stea
Of Hon. A. w. Carter. A description
given of the work of retaining land
In Kakaako. Iwilei and other district
and of the filling in of swamp land nes
waikiki.
Regarding the Kamehameha Schoo
the report tells of a successful yea
particularly in the gricultural depar
ment of the boys school. Sixty-fiN
scholarships have been granted
which students may pay for their II
struction.
In the girls school instruction hi
a been begun in practical nursing, al
III also In lace work. Miss Ida Pope, Il
principal of the girls school. WI
iii granted an extended leave of absen
w. for the purpose of paying a visit
the Mainland and studying metho
employed at the manual trainil
schools at Hampton. Tuskegee and HI
House.
a new addition was completed to t
girls school giving additional dorm
. tory accommodations. at cost of 5
ns IaV
boys school necessitated the constrr
ton OF an additional dormitory at
cost of 0.419. 56. and a bathhouse at
cost of s1.e47 .0s.
The trustees report having acquir
d. property valued at S22.T00. and 81
III property valued at about $1,000. a
III have besides the vast quantity OF n
~ estate belonging TO the estate, ass
of s1f0.413.20 in personally.
REVERSED BY SUPREME CoUF
The Supreme Court yesterday hand
down a decision In the case of the n
kee Sugar Company against Tt
Chew. reversing the Judgment Of
O. Circuit Court for Kauai. The case v
% one to restrain the defendant fr
making use Of copy of lease. Tn
was a contract between the two p
ties whereby the company advan
money TO Tuck Chew on considerat
-. tnat ne WOulu occupy n certain prop
.. ty OF the company In a specified m
ner. Tuck Chew violated the contr
and II appeared that his contract
not been endorsed with the conditl
There was n suit at law over the m
. ter as n result of which Tuck CT
was given heavy damages. and 4
the company brought suit to restr
the defendant from using his copy
the lease In the new trial which
It'll forthcoming. The relief prayed
was granted by the lower court
this appeal was then taken. The c
II reversed on the ground that the G.
site pany had an adequate remedy at
Kinney. Ballou & McClanahan
or. attorneys for the plaintiff and j.
DE Bolt and Paul Neumann for the
PENDANT.
WILL OF A COFFEE KING.
The VIII Of Thomas J. Higgins. kn'
vie rs the Coffee King of HiIo." was
rHn I'm the Circuit Court yesterday.
TIE viii was admitted to probate in
nsns on July 30. The executors are j.
~