The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-18
NOW SHOW
DAMAGES
New Petition in
Liquor Test
Filed.
SAILOR GETS
SIXTY DAYS
Honolulu Plantation Co. Claim
Against United States Set
for Monday.

An amended petition in the suit of
Macfarlane & Co. ct al. VS. w. II.
Wright, treasurer of the Territory of Ha-
wall. to test the constitutionality of the
local liquor law was filed in the United
States District Court yesterday.
The new petition is made necessary by
the decision of Judge Estee on a demur-
rer holding plaintiff had not shown any
damage from acts of defendant, or that
a demand had been made upon the treas
urer to cease the issuance of licenses"
In the new petition the following has
been added: And your orators further
show that prior to the commencement OF
this action they demanded of the said
defendant the issuance of licenses to
them to sell and deal in beers and other
malt liquors manufactured within the
district and city of Honolulu, Island Of
oahu. Territory of Hawaii, but said de-
PENDANT failed, neglected and refused to
comply with or accede to said demands
and refused TO Issue to your orators any
such license, and in this behalf your ora
tors further show that said defendant re-
fused said demand upon the authority OF
and by virtue of said chapter 46 Of the
a aforesaid Session Laws of 1888.
Referring to the question of damage,
the new petition says that by reason
of the acts and conduct of said defend
ant. herein referred to, the sale of beer
and other malt liquors by your orators
has greatly decreased and the profits
of the business of your orators nave
thereby been greatly diminished, and
that said decrease of sale and said dimin-
ution of profits is of such constant and
steady recurrence that no fair or rea-
sonable redress can be obtained therefor
in any court of law, and that said de-
crease of sales and diminution of profits
exceeds, so far as each of your orators
is concerned, the amount of the sum of
- 600; that the injury and damage done
to their and each of their businesses by !
the refusal of said defendant to afford to |,
them and each of them facilities for the |
of their business and large |
~ exceeds the sum of $1,000, and your |
orators are entitled to have said defend !
ant restrained and enjoined from any
'urther action under said chapter 46 of |
said Session Laws of 1888, and are fur
her entitled to have said chapter 46 of
aid Sessions Laws of 1883 declared I'M
null and void by the judg-
nent and decree of this court"
SAILOR GETS SIXTY DAYS.
r. NJ Ramat the sailor who assault
d the first mate of the Roanoke, was
entenced to prison for 60 days by Judge ,
tstee yesterday. The defendant said he
vas born in Russia, but was an Ameri-
an citizen. He had been in prison three
weeks.
PEARL HARBOR CASE.
The trial of the second of the Pearl
iarbor suits VIII begin on Monday This
5 the case of the Honolulu Plantation
company. which holds the lease on the
bishop Estate land which the jury val
ed at $4,000. Judge Estee stated that
ne trial should not occupy more than
week, as the question of lease-value !
as the only one to be determined.
HAMANO CASE.
Today viii be presented the appeal OF
/. Hamano from the decision of the
GARD of General Appraisers at New
oTk, wherein Collector StackabIe was
istained in his ruling regarding the ad-
isS!on Of japanese slippers.
NEW CITIZEN.
Leonard Parish, a former subject of a
reat Britain, has been made a citizen
the United States.
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