The Hawaiian gazette., 1901-03-12
A DAY IN
COURT.

tn" bonds of matrlronN previously
existing lptween Keih Kaka Marquee
s and Francisco Del Almeda Marquee
were dissolved by decree Of the First
= Circuit Court on Saturday upon the
$ grounds Of desertlon.
\ bin Of exceptions was filed Satur-
day by the plaintiff in the case of COR
rhine Bartlett vs. ward S. Bartlett, an
g action for divorce, by her attorneys,
Kinney. Balou e. McClanahan. Later
| plaintiff filed "A withdrawal Of her mo-
u tion for re-openng Of the case IN tn"
First Circuit Court.
The First Circuit Court on Saturday
| granted a decree Of divorce in the case
S of Ana Kahaule4io vs. Kilikoi, upon the
. grounds of failure to support cruelty
and habtual intemperance.
7 In the suit of Marie Josephine Hall
? against William y. Hall for divorce up
on the grounds of adultery and fail
ure to provide, hearing was had yes
terday afternoon in the First Circuit
Court on the motion for almony, at
torneys' fees and costs. The motion
was granted and the defendant ordered
to pay, within thirty days, the sum Of
800 to j. r. De Bolt. attorney for plain
tin as retainer, and also to pay forth
with the sum of $15 as court costs and
to pay the plaintiff SIS per week as
lalimony pending decision. the first of
such payments to be MADE the 18th of
the current month and the court fur
Ither ordered that the injunction here
tofore made against the defendant be
modified to the extent that he be al
lowed to mortgage his real estate at
the sum OF 81, 900 at a rate of not to ex-
coed Q per cent.
The petition of the plaintiff alleges
that defendant is the owner of land
near st Louis Colcg" to the value of
$4,000 The hearing of the case is set
for tn" May term.
WILL GRANT PERMIT
Upon the petition of Kan Wing Chew
alleging that he had filed an application
for permit for "a wo-story wooden
frame building on Smith street. COM
plying in all conditions with the law,
and that the permit had been refused
by the Superintendent VI Public Works
the Judge of the First Circuit Court
ISSUED writ of mandamus on Friday
commanding Superintendent of Public
Works McCandless and his assistant.
w. +. Rowell. to issue the permit in
question or to appear in court and
show cause why such permit had been
refused
The petition of the Chinese is accom-
panied with the affidavit of Lorrin An
drews, in which it is stated that AS
sistant Superintendent Rowell told him
on February % that the application was
all right, but asked why Kan Wing
Chew would not build brick building
i,,f 4, t.f nd, NC
also states that McCandless has given
instructions to the employees of his own
office. those of the Board of Health de-
partment and especially those of the
survey department, to hinder and de-
lay all applications for permits for
wooden buildings in the burnt district
The answer of the defendants was
filed yesterday afternoon, denying the
iComplainants allegation of neglect and
disregard of duty in the premises. ad-
hitting that the complainant Is entitled
TO the permit prayed for and signifyinG
their willingness to sign the same
MORE TROUBLE FOR SUGAR co.
! a motion for leave to intervene was III |
ed Saturday in the case Of Gear, Lansing |
and Company vs. the Maunalei Sugar
Company, by David Dayton. trustee OF
ed, William II Pain and Paul Neumann.
in the First Circuit Court.
The interVenorS allegc that they make |
the motion in protection of their rights:
| that they are the owners OF certain lands
on the Island of Lanai which are Al pres
ent in the possession OF the Maunalei Su-
gar Company under lease for fifty years |
said lease beginning March -, 1899, said
lands being leased to the lessor for the
purpose OF the ests blishment and carry
ing on OF a sugar plantation. at rental
OF $4,000 for the period of two years from
April !. 1899, and said rental to be pay
able Semi-annually in advance in equal
insIalmcnts OF 5000 each.
This lease, ii Is alleged, was originally
made TO Albert V. Gear and Theodore +.
Lansing, under the firm name of Gear ,
4 Lansing. but that upon the lncorpora-
tion of the Muunalei Sugar Company,
Limited March A. 1899, the lease was as
signed To the said corporation, which
thereupon entered into possession of the
land and conducted thereon a sugar plan
tatiou
The plaintiffs in the case, Gear and
Lansing, are alleged TO have been at tile
time OF Incorporation, the largest share
holders in the corporation and holding
the offices of president and treasurer, re-
speCtively, the Territorial Treasurer's ,
records being referred to in the motion.
1t is further alleged that the rental for
the land was duly paid up To April l. 1900 o.,
but on that date 5000 became due, and
on October l, 1900, the further sum of So
900 became due as rental neither of
which sums, nor any part thereof has ,
been paid to the lntervenors although
repeated demands have been made for ,
the payment OF the same; that at the re- !
quest of the plaintiffs and the defendant
corporation, proceedings for the enforce .
ment of the payment OF the 10000 rentals ,
due, were deferred until December. 1900
upon the representation that the planta-
ton was unable to pay said sum, and
that the plaintiffs and the defendant cor
poratiou had expectations NJ being upon ,
"A sound financial basis I'm the month OF
December that later further deferment
was made by the lntervcnors because OF S
reluctance 90 hamper the reorganization
OF tho defendant corporation, and a third c
postponemrnt, at the request OF the debit q
ors, carried the matter over until March |,
?, 1901, M which time the interVenors ,