The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-12
A DAY IN
COURT.
An Active Calen-
dar In the Arena
OF Law.
DIVORCE MILL
ORINDS AWAY
Various Items of More or Less
important Litigation in
Two Courts.

/ Inc DOIluS OF IndtTlluOHy previously
existing between Kela Kaka Marquee
and Francisco Del Almeda Marquee
were dissolved by decree of the First
Circuit Court on Saturday upon the
grounds of desertion.
A bill of exceptions was filed Satur-
day by the plaintiff in the case of Cor
rhine Bartlett VS.. Ward S. Bartlett, an
action for divorce, by her attorneys,
Kinney, Ballou & McClanahan. Later
plaintiff filed a withdrawal of her mo-
ton for a re-opening of the case in the
First Circuit Court.
The First Circuit Court on Saturday
granted decree of divorce in the case
of Ana Kahaulelio VS.. Kilikoi, upon the
grounds of failure to support, cruelty
land habitual intemperance.
| In the suit of Marie Josephine Hall
against William A. Hall for divorce up
on the grounds of adultery and fail
ure to provide hearing was had yes
iterday afternoon in the First Circuit
Court on the motion for alimony, at
torneys' fees and costs. The motion
was granted and the defendant ordered
to pay, within thirty days the sum OF
800 to j. r. De Bolt, attorney for plain
tiff, as retainer. and also to pay forth
with the sum of SIS as court costs and
to pay the plaintiff SIS per week as
laGmony, pending decision, the first of
such payments to be maze the 18th OF
the current month, and the court fur
Ither ordered that the injunction here
tofore made against the defendant be
modified to the extent that he be al
lowed to mortgage his real estate at
the sum of 81 200 at rate of not to ex-
coed per cent.
The petition of the plaintiff alleges
that defendant is the owner of land
near St. Louis College to the value of
$50 600. The hearing of the case is set
for the May term.
WILL GRANT PERMIT
Upon the petition of Kan Wing Chew,
alleging that he had filed an application
flor a permit for a two-story wooden
frame building on Smith street COM
plying in all conditions with the law,
and that the permit had been refused
by the Superintendent of Public Works,
the Judge of the First Circuit Court
issued a writ of mandamus on Friday
commanding superintendent of Public
Works McCandless and his assistant,
w E. Rowel, to issue the permit in
question or to appear in court and
show cause Why such permit had been
refused
The petition of the Chinese is accom-
panied with the affidavit of Lorrin An
ldrews, in which it is stated that AS
sistant Superintendent Rowell told him
ION February % that the application was
all right, but asked why Kan Wing
tChew would not build brick building
Upon information and belief, Andrews
also states that McCandless has given
instructions to the employees of his own
office, those of the Board of Health de-
partment and especially those of the
survey department, to hinder and de-
lay all applications for permits for
/ wooden buildings in the burnt district.
The answer of the defendants was
: filed yesterday afternoon, denying the
complainants' allegation of neglect and
disregard of duty in the premises, ad-
hitting that the complainant is entitled
to the permit prayed for and signifying
their willingness to sign the same.
MORE TROUBLE FOR SUGAR co.
A motion for leave to intervene was fl
ed Saturday n the case of Gear, Lansing
and Company vs.. the Aaunalei Sugar
Company, by David Dayton, trustee OF
the estate OF Walter Nj. Gibson, deceas-
ed William II. Pain and Paul Neumana,
| The intervenors allege that they make
the motion in protection of their rights
that they are the owners of certain lands
, on the Island of Lanai which are at pres
emf in the possession of the Maunalei SUI
gar Company under lease for fifty years
said lease beginning March 10, 1899, said
lands being leased to the lessor for the
purpose of the establishment and carry
ing on of a sugar plantation, at rental
of $4,000 for the period of two years from
April l, 1899, and said rental to be pay
able seni-annually in advance In equa
/ instruments of $4,000 each.
This lease, it is alleged, was originally
made to Albert V. Gear and Theodore +,
Lansing, under the firm name OF Geal
6, Lansing, but that upon the incorpora'
/ ton of the Maunalei Sugar Company
Limited March IA, 1899, the lease was as
signed to the said corporation, which
lthereupon entered into possession of the
, land and conducted thereon sugar plan
tation.
The plaintiffs in the case. Gear and
Lansing, are alleged to have been at the
time of incorporation. the largest share
holders in the corporation, and holding
the offices of president and treasurer, re-
spectively, the Territorial Treasurer
records being referred to in the motion.
/ 1t is further alleged that the rental fol-
] the land was duly paid up to April 1. 1900
J but on that date 5000 became due, anc
on October 1, 1900, the further sum of S.,
; 900 became due as rental. neither o.
: which sums, nor any part thereof ha:
1 been paid to the interyenors, although
I repeated demands have been made FOL
! the payment of the same; that at the re
quest of the plaintiffs and the defendan
I corporation, proceedings for the enforce
l ment of the payment of the $4,000 rental!
/ due. were deferred until December, 1900
J. upon the representation that the planta
. ton was unable to pay said sum, ant
that the plaintiffs and the defendant cor
poration had expectations of being upol
a sound financial basis in the month o
December; that later further defermen
=. was made by the intervenors because o
e reluctance to hamper the reorganzati ol
n of the defendant corporation, and a thir
postponement, at the request of the debt
ors, carried the matter over until Marcl
r. q 1901, at which time the fntervenor
i.,fo b. h. of a the cor