The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-10-01
ARGUED TO
THE COURT.
Pearl harbor Suit
Before Judge
Estee.

The Pearl Harbor condemnation suits
were before Judge Estee yesterday for
the third time on technicality. In
stead of arguing the right of respond
ents to jury trial, the entire day was
spent in considering motion by United
States Attorney Dunno to strike out
the amended answers newly filed. The
Jury question was not considered at all,
and the court announced that it would
not pass upon that question until all
the pleadings were in, and the issues
properly Joined.
Mr.. Dunno contended that the an
swers were not proper and should be
stricken out, as false, and as being sub
stituted instead of amended. He insist
ed that the original answers admitted
all the facts except the allegation as to
the value of the property condemned
and consequently the new answers were
false on their face.
Judge Silliman argued the case for the
defendants, and contended that the
question before the court was one of
law practice, and that the answers of
respondents followed out the Hawaiian
law in that respect, which made gen
eral denials proper He said it was
difficult matter to comply with the
practice of the Hawaiian courts, but
that the Federal statutes plainly said
that such procedure should be followed,
and left no other recourse to the court.
He argued further that special pleas
might be filed separately, and it was
with a view to helping the United States
Attorney and expediting the trial of the
case, that the answers setting out in
detail, respondents defense and plea had
been filed. THE mode of practice here
is nondescript, artificial and absurd,
said Mr.. Silliman, but it has been in
vogue for fifty years, and the United
States laws say it shall be followed in
the courts now. We believed that it
was better for both sides to this action.
to make open admissions of facts. and
expected to be met by the same liberal
policy on the part of the United States.
Instead we are met from the first by
sharp technically, and are put on our
guard. Our new answer making a gen
eral denial was then filed, so that we
might secure all our rights"
The court in reply to the argument
as to the mode of practice, said, You
come into court and say this practice
is nondescript, and yet | must follow
it.
THE court doesn't think that the
government is trying to take any Id
vantage of a technicality. The de-
PENDANTS property was assessed for
taxation at from $4,000 to $4,000 and
the amount claimed in the answers Is
from a million and half to two mil
lion dollars. The United States is not
attempting to run amuck of you, or
anyone else. Honolulu people, with
. n e n.
well able to take care of themselves"
This was followed by another dis
cussion relative to the status of Ha-
wall as a State or Territory. Judge
Estee asked Mr.. Silliman to quote the
United States statute which said that
he must follow the procedure in the
Territory. The section quoted related
only to States and Mr.. Silliman said
that it would apply to the Territory
from Inference. The court didn't APP
pear to take that view of the matter
and stated that the Supreme Court of
the United States had decided that
Territories belonged to the United
States and the laws governing States
did not apply with the same effect to
Territories. Mr.. Siliman replied that
if this was true, the United States had
no standing in court under the action
brought in the Pearl Harbor suits, as
the law under which the suits We're
instituted applied only to the States, as
did the section quoted, referring to
method of procedure. The question was
not finally disposed of when court ad-
journed until this morning.
RESOLUTION COMMITTEE AP-
POINTED.
At the opening of court yesterday
United States Attorney Dunno present
ed a motion to the court for the APP
nf "a m toe h..
pose of preparing suitable resolutions
upon the death of President Mckinley,
one to be chosen from each depart
ment of justice Judge Estee thereup-
on appointed a committee of four, as
follows: For the United States, j. j.
Dunno; Supreme Court of Hawaii,
Judge Galbraith; for the Circuit
Courts, Judge Little for the bar of
Honolulu, f. NJ. Hatch. This commit
tee is to draw up resolutions to be
presented to the court as soon as pos
sible. The resolutions will be engross-
ed and fOrwa rded Mrs MCKINLEY