The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-21

"One of the incidents of Mr.. Magoon's
administration was the financial acumen
displayed by him in taking for himself
an assignment of mortgage for $500
which he paid and charged to Mr.. Love-
and did not satisfy of record, but kept
it as security for advances that he had
made or might make.
Although the statute makes the
spendthrift incapable of contracting a
valid debt, yet the statute it seems did
not apply to any debt due Mr.. Magoon
who according to his own statement
holds to this day against his ward
mortgage that he paid years ago.
JEkYLL AND HYDE.
Your honor will remember Robert
Louis Stevenson's story of DR. Jekyll and
Mr.. Hyde. DIR. Jekyll was a humane,
portly gentleman, who by drinking a GER
tain elixir was transformed for a time
into the enormous and wicked Mr.. Hyde.
wonder where Mr.. A4agoon keeps his
bottle and if he drinks from it just be-
fore entering the private office where he
does guardian business. My slight ac-
Quaintance with Mr.. Magoon has led me
to regard him as an intelligent, courteous
gentleman, with whom it is pleasure
" ooSOSidtc out DIS d SudTuldIl, L WOulu
as soon select grizzly bear as guardian
OF sucking pig, or cayote as guardian
of hen roost or BOOKSELLER as guard
ian of a racing stable.
rs it necessary to continue this trust?
Ii it is continued, then this reckless man
who has been rioting for the last six
years on from $50 to $50 a month will be
compelled, either to depend upon the
charity of the Roe family, who, it is
charged are conspiring to rob him, or
else to live on a diet of poi and raw fish,
or else to remain bound hand and foot,
and watch his Indebtedness to Magoon
grow month by month and year by year
until it shall construct all his assets in
its relentless coils and leave him a mass
of insolvent pulp, cherishing the memory
of the spendthrift trust which was in
stigated by the unnatural daughter who
has sworn that she is his friend, and
has been perpetuated by herslawyer who
is his guardian.
Il doubt whether a spendthrift of
Scotch origin and frugal mind, could,
even if continually drunk, do worse for
an estate or reduce its income more
ruinously than has been accomplished for
this estate by Mr.. Magoon 1t would
be worth while merely as an experiment
to appeal from Magoon sober to Love
drunk and watch the result.
ENTITLED TO BE DISCHARGED.
Under the statute Mr.. Love is entitled
to his discharge now, even if he had
been drunk continuously from 1888 to
1885, and if 1t were true, as it Is alb
solutely not true that during those
twelve years he was while drunk con-
tinuously wasting his estate so as to be
in danger of want. 1t appears here be-
yond all peradventure that for six years
and more he has wasted nothing, and has
not been a drunkard, and he Is l repeat
entitled on that ground alone to go free.
If being so released he should then re-
sumo assume habits of waste, he
might possibly be again placed under the
guardianship of Mr.. Magoon if he and
Mr.. Magoon should both happen to be
here.
But suppose that Mr.. Love should not
grow wasteful or become drunk. Sup
pose he should remain sober and frugal
at least until the steamer sailed and
then should take his person out of the
jurisdiction of this Court and conclude to
pass the remainder of his days in Cali
fornia, where there is no law of spend
thrift trusts, and where Magoons abide
not-has he not a right to do so?
Mr.. Magoon has been running this
trust for six years in the interest of Mrs.
mart ana IN his OWN interest anu nc IDS
not consulted the interest of his ward
at all. I know that your honor will
bear in mind that it is the interests of
Mr.. Love alone that are to be considered.
He has no family to come to want in
the event that he should sQuander his
estate. He has no legal relatives that
are in any way interested in his well
being. If he should go hungry there is
not a creature in all the world who
could be compelled by law to pay for
a loaf of bread for him. If he should
die a pauper there is not a creature in
all the world that could be charged with
the cost of a coffin in which to bury him.
Indeed neither of his nephews-who are
his only legal relations oppose his dis
CHARGE. 1t is the illegitimate daughter
who appears here as a friend, for only
in that capacity can she appear here at
ALL 1t is the woman who has received
from him by gift a handsome property,
and who for the last seven years has
eXtorted from one-fourth to one-haif OF
his scanty income, and so aided to keep
him in debt to his trustee, who opposes
his restoration to his own property &C
quired by his own industry and thrift,
and her motive in making such opposf-
ton is not because he IS a drunkard and
not because he is a spendthrift, but be-
cause she thinks he is under the influence
of Mrs. Roe.
THE sober and economical life of Mr..
Love since 1895 is attested not only by