The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-19
MENT
IN 4 HURRY
WantsPearIHarbor
Land Suits
Settled.
RESPONDENTS MUST
FILE NEW ANSWER
Judge Estee Strikes Out Portion
Referring to Jury-Bank-
ruptcy Matters.

Inere VIII De no more delay than the
exigencies of the law demand in the
condemnation proceedings of the Unit
Harbor naval station. Judge Estee yes
terday morning passed upon the motion
of the plaintiff striking out the por-
ton of the answer of respondents de-
manding a jury. and at the same time
gave notice that no further delays
would be brooked in the matter, as the
Department of Justice was anxious to
have the case settled
In his decision of yesterday he did not
pass upon the right of respondents to
a jury trial, ruling only upon the ques-
ton of procedure in setting UP the de-
mands in an answer.
1.-THE request for a jury as set up in
the answer is clearly irrelevant" said
the court III passing upon the motion
1T raises no new issue, and has no
place in the answer, and all such
irrelevant matter will be ordered strick-
en- out. The respondents are allowed
ten days in which to file an amended
answer The court doesn't decide that
the respondents can't apply for jury
on the contrary they have right to
make such a request but it must be in
proper manner. l will then pass up
on the right of respondents to a trial
by jury.
hi
filed as soon as possible, and unless
such demand is made, the case will
be set down for hearing, in order that
it may be decided as soon as possible
1t will probably require months for a
final decision, and the Department of
Justice is extremely anxious to have
the matter finally disposed of, and the
defendants should have the same
anxiety for a speedy trial, for their
money is tied up in this property until
the case can be settled.
There is no doubt in my mind that
under the law the United States may
| take any land necessary for the de-
Tense of the Territory. and it is only a
question of compensation. For the gov
eminent cannot take any land unless
it pays for it
Judge Estee made an order in COM
pliance with his ruling, and the re-
spondents were given leave to file ex-
ceptions TO the decision.
BANKRUPTCY MATTER.
In the bankruptcy matter of Lam
Nam Suk the attorneys argued for the
entire day a motion to have judg-
obtained in he at
as first lien upon the bankrupt's prop
erty. 1t seems that Grinbaum & Co.
obtained judgment for twelve hundred
dollars against the bankrupt in the
Circuit Court, and had taken possession
of the property by virtue of an execu-
ton issued from that court In the
meantime the Chinese had been declar-
ed bankrupt and the remaining cred
itors objected to the preferment of
Grinbaum e Co An order was secured
from Judge Estee restraining High
Sheriff Brown from disposing of the
property under the aforesaid execution,
and ii was finally agreed between the
attorneys, that the entire stock of goods
should be sold by Trustee Thayer for
bankrupt, and the amount of the first
Judgment set aside until the question
was disposed of in Federal court The
claimants, Grinbaum & Co, now seek
to show that their judgment was OBJ
tanned in good faith because of be-
lief that the bankrupt was giving a
preference to San Francisco merchants
The court took the matter under adj
visement.
OF RAYS BOOKS.
Marshal Hendry yesterday sent to
Washington his appointment by Judge
Estee and also his bond and other pa
pers relating to the death of Marshal
Ray. 1t is expected that commits
sloner Will be sent to Honolulu imme-
diately by the Treasury Department
for the purpose OF examining the books
and accounts of the late marshal
This is always done in the event of
death or removal of any Federal Off
Ger, before the office is turned over to
the successor.
CLERK MAILING RETURNS.
w. b. Mailing, clerk of the United
States District Court, returned yester-
day on the Ventura from a brief visit
in San Francisco. He went up to the
coast on the last trip of the Ventura,
Il