The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-12
SUPREME
COURT TODAY
10 Act on income
Tax and Habeas
Corpus.
GEAR OVERRULED
IN PAHIA MATTER
Is Released on Bail-Love Case
Still on Trial in Circuit
Court.

morning at 10 o'clock in special ses-
sion. The matter first taken up will
be the habeas corpus cases which are
10 be presented by Attorney General
Dole. He has prepared written briefs
bearing upon the right of appeal, and
will present them to the court today.
AS soon as these cases have been dis
posed of the income tax will come up
for hearing. The test cases VIII be pre-
serted both on written briefs and by
oral arguments
The justices have already made the
new law a subject of close study, and
little time will be lost in preliminaries
in the consideration of the test cases.
An early decision is expected on that
account, before Chief Justice Frear
leaves on Ibis vacation at the end of
the present month.
The Circuit Court will consider Grim
inal cases this morning, taking up the
docket at 9 o'clock. A special order
has been made permitting attorneys to
have criminal cases set for hearing i'm
| nlediately, taking precedence of civil
fendar for trial. The cases under con-
| sideration by the present Grand Jury
will not, of course, fall within this or
(, der. The ruling of the Supreme Court
| in permitting Frank Paha to be re-
| leased on bail Saturday, after Judge
| Gear refused to allow an appeal, places
| him in rather a peculiar position re-
| garding the first habeas corpus cases,
| in which he refused to place bail upon
| the request of Attorney General Dole
| If he had done what the higher court
holds to be legal in the Pahia case,
there would have been no necessity for
| rearresting these men, and calling a
special grand jury for the purpose of
tindicting them
! THE PAHIA CASE.
! Saturday morning, upon application
Of Attorney Robertson, Chief Justice
| Frear ordered the release OF Deputy
Sheriff Pahia, upon fling a bond to the
| amount of $50 This was after the
| prisoner had been brought into court
and regularly remanded into custody
by Judge Gear. His attorney made ap-
plication for an appeal, but this being
refused by the court he asked that Pa
hia be released on bail until the ques-
ton of appeal could be passed upon.
This was also refused by the lower
court, but by appearing before justice
F'rear and making showing of the
facts, an order for the release of Pahia
on bail was made. This action on the
part of the Supreme Court would indi-
cate the purpose to allow Mr.. Dole the
right of appeal. In the criminal cases
the same court held that the Territory
had no right of appeal denying also
that they could be held on bail. The
entire matter will be gone over in the
Supreme Court today from both sides
of the question. and the subsequent de-.
cisions of the highest court viii be the
more important on that account.
/ PRINCE DAVID ON THE STAND.
Prince David was on the stand Sat
urday in the case of Sister Albertina
trustee. VS. the Kapiolani Estate. -He
testified that he remembered wher
Queen kapielani was in possession OF
the property now claimed by the plain
tiffs The trial of the case will be re.
sumed today
THE LOVE: CASE.
In the afternoon the case of Love VS.
Magcon, for termination of spend
thrift trust, was resumed with Mrs
Anna Hart on the stand. She was {
very timid witness, and answered
; questions slow iy and hesitatingfy. He
testimony agreed in many particular
with that of her husband, who hat
been on the stand for over an hou
! Friday. and very little additional
. could be learned from her.
Her principal objection appeared t
) be to Mrs Roe whom she claimed ha
I bad influence over Mr.. Love. Upo
q cross examination the witness let lit
) | tie more light into some of Magoon'
methods, denying that she had bee
: consulted in some of the actions Il
which she was named as part
| 60 ~
: would you object to the termina
} ton Of the guardianship trust?" ask
= ed the court
The witness was slow in answering
and the court inquired again: "Woul
YOU care if the guardianship be take
away from Mr.. Magoon?'
. Mr. Magoon started to object, but be
fore he could stop the witness she ha
& replied, saying that she could not OF
iect to such a proceeding. She sal
She had no objection to the guardian
stip being changed. but she though
Mr. Love needed protection While ur
der he influence and care of Mrs. Ro
The most peculiar circumstance i
conn ection with the case is the attftud
of the guardian, Mr.. Magoon. He
shown TO have placed Mr.. Love undo
the care of Mrs. Roe. and now come
and pleads that it is on account
her influence that plaintiff needs To
retained under guardianship
Why" questioned the court, Whe
these facts were brought out. did yo,
as guardian. allow Mr.. Love to renal
AZ the home of Mrs. Foe under who's
influence you now CLAIM he is?
srWhy-why.' answered the guardia
besitatingly, he was being taken cal
of and didn'. want to leave. L though
would leave him where he wanted
stay, and that his wishes; should
consulted in the matter.
NOW you say. though, that ne W.
bo,,ld have moved him to some pla'
where the influences were not bad.
al think. if it please the court, TN
that would have required the use
physical strength. don't think IN
the law requires that the guardian pc
snnallv should be required to u
IF this court had ordered him