The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-11
NOW READY.
FOR TRIAL
issues Made Up in
Pearl Harbor
Cases.
JURY ARGUMENTS
ENDED YESTERDAY
Cases Nay be Heard This Month.
Dismissal Delayed As TO
Ford Island.

The Pearl Harbor condemnation
cases were before Judge Estee for a
second argument yesterday on the
right of respondents to a jury. The
arguments were almost precisely SINH
lar to the first discussion on the same
question, but which were not consid-
cred, because of the refusal of the de-
PENDANTS to permit a ruling upon their
presentation of the case at that time.
The proceedings were of great i'm
portance, however, in that it gave the
government an opportunity of outlin-
ing it's position in regard to the dis
missal of the proceedings, as to certain
defendants claiming rights on Ford
Island, which has now been abandon
ed by the Navy Department F. NJ
Hatch and S. NJ, Ballou appeared for
all the respondents, and Acting Unit
ed States Attorney J. J. Dunno pre-
sented the argument for the govern
ment
At the opening of the case yesterday
Mr.. Hatch inquired as to the govern
ment's intentions regarding the de-
PENDANTS owning land which was not
now desired by the Naval Department.
These respondents are the John Ii Es-
tate, Oahu Sugar Company, and the
Oahu Railway and Land Company.
This department. said Judge Estee.
in answer to the question of Mr.. Hatch,
cannot dismiss any case except upon
the recommendation of the Department
of Justice. The Navy or the War De-
partment cannot instruct the United
States Attorney to dismiss any pro-
ceeding. When the Department of Jus
tice is instructed by the Navy Depart
ment that it has no use for the land
on Ford Island, Mr.. Dunno will receive
notice, and the suits will then be dis
missed
Mr. Hatch stated that the only rea-
son for the inquiry was desire on his
part to save the labor of preparing for
trial, and then having the case dis
missed. Mr.. Dunno stated that it
would be pretty safe under the instruc-
lions received by Captain Merry to
forego any preparation for trial, but
he could not state officially that the
cases as to these three defendants
not act in the matter excepting on
orders from his superiors.
1t is the general understanding,
however, that the cases will be dis
missed as to the Ii Estate Oahu Sugar
Company, and the Oahu Land and
| Railway Company. 1t was agreed be-
| fore the beginning of the argument
| lItdI dll OSItil1tIllS NONilu dDIOt ny lHS
| decision to be made by Judge Estee
upon the motion argued yesterday, the
argument being on a motion by de-
| PENDANTS that they be allowed q jury
trials With the ruling upon this mo-
/ ton, which will be made by Judge Es-
| tee next week, the issues will be join
/ ed, and all preliminary legal procedure
at an end The last answer was filed
yesterday-by the Dowestt Estate. No
new grounds We're set up in the amend
cd answer, the only change made be-
| ing to conform with the decision of
| Judge Estee. All that remains to be
done now is to try the case on it's mer-
| it's, and upon the decision of the court
next week will depend whether that
| hearing shall be to the court, or to
court and jury. In any event the trial
is likely to be held during this month,
and the legal difficulties in the way
of the contamination of the govern
ment's plans for naval defenses will
have been disposed of before Congress
meets this winter to make the appro-
priatious necessary for the work.
The arguments yesterday We're on
the same lines as those of two weeks
ago. Mr. Hatch had the opening adj
dress, and depended chiefly on the con-
I struction he put upon section 566, re-
vised statutes of the United States
which stated that all trials of issues
| of fact in the District Courts must be
by jury
Section 64S was also quoted, which
read that in Circuit Courts all trials
, excepting of equity, maritime or bank
ruptcy matters, differently disposed of
must be heard by a jury.
Mr.. Hatchs opening address was
, very brief, and he was followed by
Mr.. Dunno in a lengthy and exhaust
i've argument, clearly defining the posi-
ton of the United States statutes, anC
declaring that in cases of this nature
no jury trial was permissible. Mr.
= Hatch made the closing argument
saying that it was mandatory upon tn.
) court to allow jury. The motion was
submitted to the court before 4 O'Clock
Judge Estee announced that he would
render his decision early next week.
APPEAL IN BANKRUPTCY,
An appeal to the Ninth Circuit COur
of Appeals at San Francisco was taker