The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-11-16
TRANNAYSCO. Of LONDON
WHO APPEARS FOR TT IN
HONOLULU
Judge Estee orders Counsel to Prove
Their Authority as Well as That Of
Pain

Judge Estee this morning directed At
t0rneys }. }. Dunno and }. r. De Bolt
FOR the Hawaiian TramWays Company
TO come into court Monday and show
their authority to appear for the COM
pany, and the authority of Manager
Pain, or someone else TO represent the
Lnodon corporation In the Territory OF
Hawaii.
This action was taken as "A result Of
the Rapid Transit companys motion
asking that the attorneys for the mule
company be ordered to show their au-
thority TO appear and act The motion
was based upon the fact that IN its
pleadings Ia the present case, the Ha-
Waiian TramWays company repudiates
the proceedings had iu the Supreme
court here, when il was represented
according TO the record. by Holmes
and Stanley The pleadings state that
the company never appeared at all or
took part in the court proceedings,
though manager Pain was In court,
with counsel
Before discussion OF the case began
Judge Estee called attention to a Ha-
waiian statute which requires that
foreign corporations shall have a re-
preventative i'm Hawaii. upon whom
processes may be served, and he inti-
mated that the defendant had a right
TO know who was the person, in the case
Of the Hawaiian Tramways company Of
London. Dunno said that this was
new point, raised by the court which
he wanted time TO meet. but IL soon de-
Veloped in the discussion Of the motion
made by the Rapid Transit Company.
that there was no need for further ar
gument on either question. The court
was quite positive that 1t was the duty
OF the respondents to fix their authority
r.. y McClanahan presented the mo-
ton for the Rapid Transit Company
He argued that IL was not safe for the
defendants 20 proceed until they knew
that the opposing counsel were really
authorized to act. At some future date
the tramways company might come into
court and say that had never appear
ed. the present attorneys never having
been authorized to act McClanahan
said that he did not mean i'm any way to
suggest that counsel were not acting
in good faith, but he thought that their
authority to appear for the London cor
poration should be shown.
Dunno replied, contending that the
court had no jurisdiction for such a mo-
lion. He held that the authority of
counsel was presumed. II never be-
fore heard of a practitioner being so
called upon 10 show his authority to
act" said Dunno. THE authority of an
attorney is presumed until disproved.' -
Judge Estee interrupted Dunno in the
midst OF the argument, with question
which plainly showed the courts idea
He wanted 10 know what injury it
could do to the defendants to be COM
PEELED to establish the authority OF its
representative and his counsel Dunno
had a kick to make against being in
terrupted remarking that he wanted
to present his argument i'm his own way
There Is no question about one
thing" remarked the judge in passing
"and that is that the court will inter
I rupt you or any other attorney with
questions at any time, the object being
10 get at the truth and the law"
The court went on to say that Pain
| appeared in the Supreme court and now
says that there was no authorized APP
/ pearance for the Tramways company
/ He had not been able to find anywhere
| in the present pleadings that Pain had
| stated that he had authority now. The
court will hold that you will have to
show the authority of Mr. Pain or
someone else to appear for the COM
pany," said the judge "and your own
authority to act for him"
! The attorneys for the tramways com
pany were given until Monday to maxi
/ the required showing. Dunno noted al
exception.