The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-12
MAY Cd To
f. JURY TO-DAY
First Argument in
Pearl Harbor
Case.
Mr.. KINNEY OPENS
THIS MORNING
Decree is Signed in the Tram
WAYS Suit-Pain's UncIean
Hands Again.

The opening argument IN the rear
Harbor case was made by United States
Attorney Dunn yesterday. closing just
before adjournment. At 9 o'clock this
morning Mr.. Kinney viii open for re-
~spondent and Judge Estee expects to in
struct the jury late this afternoon.
Mr.. Dunne's review of the case was
exhaustive. TIE entire evidence being
carefully gone over in detail. and its
vital points dssected. He referred in
opening to the Iower Of the United States
government and its right of eminent do
main. you ar not to indulge in any
ID assumption gains the government.
because it is tn government" said Mr..
Dunno. The Object of the, United States
in desiring this property is a beneficial
and proper one, for the defense of the
nation. In case of war this Territory
would be the frs to be seized. Isolated
as Hawaii is. theUn.ted States has de-
cided TO provide -orts and modern de-
lenses, and for tht purpose this land is
desired.
The purpose ofthe government is a
good one. and shous nave the support of
every broad miadedcitizen of the Terri
tory. Were this pace seized. think OF
the loss to business the stoppage of
progress. and genera injury to the peo-
pie, that would sury result.
The government mnts no mans land
for nothing. the grea United States ma
ton comes TO you, it4citizens, and asks
you to set u far an reasonable value
on his land. 1 do nOaNant you TO place
an augmented or hysteical value On this
land. but take u b~roadview of the mat
te-.
And right here 1 wat to give a word
Of caution: it Is a teaency frequently
noted in cases, where te United States
is a party, for q jury o give any old
compensation. because IL government is
a party.
The Court VII instrtt you to take
all the evidence togethei ana for mat
matter, you need not cnsider opinion
evidence at all. The testimony of these
experts is not binding, and-ou can throw
II all aside-that given b. the United
States or respondent-and Tx the value
on your own estimate of hat you saw
at Pear Harbor.
The government witness. you find,
are few, but they are iadeendent wit
nesses, not managers of SCAR planta-
tons or employees of plantei or selling
supplies to them; ne ,ther wer they mem
bers of the Planters Assertion"
Mir. Dunno went over the violence of
the respondents witnesses in detail.
enumerating them: Low, manger of the
Honolulu Plantation, INTEREST," IN the
suit as lessee; Ahrens of Oal ant
ton; c. owley, selling fertiliZe to plan
~tations; Supt. Denison, a suG- hauler;
Renton, a plantation manage Wagner,
employed by plantation; Lovtin, ex-
clerk for Bishop Estate; Doe, land
agent for the respondents, and bunch
of hysterical real estate men,"
He referred to the witnessesalso as
the family party In its visi to the
disputed site. and dwelt at lensl upon
the interest which each witnesshad in
the respondents. He told the Try in
closing that all the government yanted
was a fair and reasonable valuatic upon
the property.
DECREE IN TRAMWAYS CAE.
of the Hawaiian Tramways Co. V. The
Honolulu Rapid Transit Co was filed
yesterday. The concluding IaragraIs of
the decision are as follows:
Among other things that the sa ].
J Dunno and the said j. T De 30 as
petitioners attorneys were awfully iub-
Uniting petitioners to the jirisdictio OF
this court, but that the sid p~etitiner
was before this court with mclean hads
and that for such reason its complint
and petition should be dismissed WITH
costs.
Now therefore it is ordred. adjuded
and decided that the omplaint aid
petition of the Hawaiin TramwSs
Company Limited, a cooperation, fld
herein against the Honolulu Rapid Ira
st and Land Company onthe 9Th day Z
November. a. D. 1901. bedismissed.
And It Is further orered. adjudga
and decided that the honolulu Rapf
Transit and and Company have ans
recover against the HAWAIIAN TramwaS.
Company, Ltd, its COST In this action
taxed in the sum of s1o56, and that the
same be entered up o a judgment
against the said Hawdan Tramways
COMPANY. Ltd. and in tvor OF the said
Honolulu Rapid Transitand Lane Com
pany and that e~xecutio thereon ISSUE
accordingly.
morris NJ. ESTEE.
Judge OF the United States District
Court. IN and for the district and Ter
ritory OF Hawaii"
SUPREME CURT.
Judge Little Is reveed in a decision
filed by the Supreme curt yesterday IN
the case Of the Voldlo Stables ana
Transportation Co. rs Hayashi and Y.
HAWAI-. Justice Galbith was d:sQual-
flied in this case, and q opinion IS given
by the remaining twOudges. This was
III cas-. submitted bZAttorney Nickeus
ms. prIor 10 his dear 1t is as follows:
L, an acton on . ond It is not the
ncual,y named there but the amount
OF the damages claim which sltermiues
fths Jurisdiction.
4 plaintiff NAV wac a portion OF the
amount due him -nird'r to hrinE his
cr.fr within the juriicton OF Al Inferior
court. provided thisi done bona hde.
Cpr~1oN OEHE COI-RT.