The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-17
THE DAY
IN COURT.
BaiIiff Ney Now
In Another
Fight.
AUCTIONEERS
HAVE RIGHTS
Judge Gear Passes on interesting
Question-Court Clerks May
Lose Future Fees.

Bailif Ney was the central figure
yesterday in another judiciary build
ing scrap. The fight was to settle the
responsibility for the sanitary condition
of the building. and whose duty it was
to act rs chambermaid there.
supt. Boyd of the Department of
Public Works came over to the building
yesterday afternoon in response to the
complaints of the Board of Health,
Sanitary Officer Tracy having sent him
a communication relative to the un-
| clearly condition of the small box used
! for juryroom. Mr.. Boyd was accom-
panied by Captain Green. custodian of
the public buildings of the Territory
Mr.. Boyd was soon satisfied that the
jury-room was in need of repairs and
water, and with that purpose in mind
he desired to have it locked until such
time as the repairs could be made He
had the misfortune however to ask
and that official made Supt Boyd think
he had unwittingly dropped into a
hornets nest. The descendant of
famous ancestors Immediately pro-
ceeded to tell him just what was need
ed, and what was not needed about the
Judiciary building. There was too much
dirt and there were too many bailiffs,
such as they were. None of the bailiffs
but him did any work, so Ney said,
and only his official position as bailiff
of the grand jury, prevented him from
getting on his hands and knees and
scrubbing the building and shaking the
mating every day. Captain Green
stood silently by for a while, and then
his martial blood was aroused, and he
pitched into Ney. He said he was
keeping the place clean, and it wasn't
any of Ney's business if he wasn't
The men talked so loudly as to dis
turb the Circuit Court and Bailiff
Ellis, who but short time before had
also been mixed in the quarrel, tried
in vain TO separate the two combatants.
They didn't mind him in the least and
Bailiff Hopkins then came to the rescue,
and finding out how impossible his task
was, contented himself with closing the
court room door. Supt. Boyd also try
ing to separate the two men, took
Green's part, and told Ney to take care
of his own affairs and not try to inter-
fere with those of other men. He was
not at all sparing in referring to the
bailiff's past record and for time it
appeared as if free-for-all fight would
result. Ney evidently had long stand
ing grudge against Green which he
was DESTROYS of settling, for he accused
the captain of sending false reports
about him to San Francisco, and try
ing to Gust him from his position. He
ended by calling the doughty warrior
coward, and had it not been for the
interference of Mr.. Boyd Ney might
have got his head so badly punched as
to keep him from strengthening the
Republican party for a long time to
come.
Nothing further was done in the mat
ter but it is quite likely that Mr.. Boyd
will order the room fixed up for the
use of the jury. The fight caused some
what of sensation in the two court
rooms, as the attorneys and jurymen
were unaware of the cause of the
fracas.
Captain Green will undertake the
work of Improvement Immediately, and
the jury room will not only be cleaned
and renovated but it will also be pro-
vided with benches for the accommo-
dation of witnesses.
AUCTIONEERS' RIGHTS DEFINED.
A case which involved 1926 was argued
upon for over an hour yesterday and
in the end was appealed to the Supreme
Court. Incidentally, tie rights u auc~
tioneers and purchasers We're clearly de-
fined by Judge Gear, who also called at
tention to the necessity of law regu-
lating appeals. The suit was by }. T.
Morgan VS.. Mrs. b. C. Betters VINO mad
purchased a lamp and roll OF mattlhg
at auction and afterwards refused TO
take the goods. An agreed statement OF
fact was submitted to the Court, after
long discussion between the attorneys
as to what should be admitted. MIS-
Betters claimed that she had sent an
exDressman to get the goods at the
house where they were sold, but it was
closed. This was not disputed. but the
Could held that it made no difference ~
the issues
He held, in effect:
Under this state Of facts, the defend
ant becomes name ~ pay S'AS
bid the goods being at the auction room
subject to the defendants order, tn
plaintiff held them for the defendant.
and if delivery was necessary. TINS con
stftuted sufficient delivery. The defend
ant became liable to pay the amount bid
l,pon the fall of the hammer announcing
that she was bidder, there being no
contention that the sale was Illegal OF
invalid in any manner
..Defendant's counsel contends that an
auctfoneer cannot maintain an action for
the purchase price. but is forced to re-
tain the goods and sell the property ever
again. and hold the prior purchaser for
tin. difference in price with costs of sale,
and that this action is exclusive and the
auctioneers' sole remedy.
THE Court is surprised that such
contention has been made, for the law
is well settled that an auctioneec may
maintain an action for either the pur-
chase price of the goods sold by him. or
if a purchaser does not comply with the
terms of the sale, the vendor may. after
giving him reasonable notice. resell the