The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-08-01
JUDGE GElR GIVES
DECISION Or IMPORT
Thousand Acre Clause
in Anterior VS..
Wahiawa.
THREE CHINESE 10 Be REPORTER
KAN you. Az ouAI AND LAM
| CHOW co BACK WHENCE
| THEY CAME
Supreme Court Decides in Case Of ka-
heIe VS. Administering Tax to be
Considered by Special Session
Miscellaneous Court Notes... =.
THREE CHINESE 10 Be BEp0aTED
Supreme coars Decides 10 Case Of ka-

An important decision vas rendered
yesterday morning BY Judge Gear.
The decision was in the case of ]
b. Afherton VS.. The Wahiawa Sugar
Company. Limited, and one under
which the thousand acre provision
in the Organic Act is of no effect,
unless the government should insti-
tute proceedings to take from corpor-
ations any lands of which they may
be in possession contrary to law.
1t is provided. by the clause In ques-
ton, that no corporation in the Ter
ritory shall hold and acquire more
than a thousand acres of land.
In answer to the suit OF J B. Ather-
ton, this clause was quoted by the
defendants. the wahiawa Sugar Com
pany
II was the claim of the defendants
that the plaintiff, who was endeavor-
ing to clear his title to lease. did
not have the right to be heard in a
court of equity inasmuch. as trustee.
he was holding. in violation of the
| law. more than thousand acres of
/ land
/ Judge Gear, in his decision. held
that the supposed violation of the law
had nothing to do with the case,
granting motion to the effect that
those parts of the answer dealing with
the subject should be stricken out
| Judge Gear held that the title of a
corporation to more land than the law
allows corporation to hold. was valid
except as against the Territory. and
could only be made void by direct
action for that purpose
II was held by the Judge that the
raising of the question in the present
case by the plaintiff was going outside
of the case and bringing in matters
which were immaterial to the defend
ants case. and which the court could
not consider.
The decision was on exceptions to
the answer of defendant, sustaining
the exceptions.
! The land which is involved in the
case was first leased to John Emme-
luth. being afterwards leased To ]. B.
Atherton as. ii is said. Emmeluth had
defaulted and forfeited the lease. En-
meluth. or the wahiawa Sugar Com
pany. refused to cancel the forfeited
lease and suit was therefore brought
to compel cancellation.
The decision says: Defendants
counsel admits that a deed to a cor
poration of property by which the COR
poration would own over 1000 acres
of land would not be void. but only
voidable and they contend that while
the plaintiff in this action may do as
he pleases with the land as far as the
defendant is concerned. yet the mo-
ment he comes into court of equity
TO ask the aid of the court. the court
will refuse to lend its aid on the
ground stated by the well known max
i'm. That he who comes into court
of equity must come with clean hands,
and that the plaintiff having obtained
the land in contravention of the terms
of the Organic Act. cannot be heard
in court of equity to ask its aid"
KAN You must return to the land
of her fathers. This was decided yes
terday BY Judge Estee in the United
States District Court
She win return to China on the
steamship Peru which is scheduled to
sail for the Orient today.
1 Il is said that her husband. Yono
Han. kamaaina in these Islands. will
return TO China with his better half
II viii be remembered that KAN
You is the young Chinese lady who
was married for the second time while
she was In custody in this city.
Two others were ordered deported
by Judge Esfee yesterday morning.
These are An DUAL and Lam Chow
Al ouaI Is q little girl. about Is years
Of age Lam Chow is male.
Al Quail tailed To prove that she
was born in these Islands and Lam
Chow vas also unsuccessful in the
same matter
As Judge Estee made an oral de-
cisicn IN the case OF All ouai yester-
day morning he said: This Terri
tori win not be made nursery for
the female children OF mothers Who
remain in ChiEz
Attorney Wade Warren Thaver vax
appointed to defend Charles Albert
second male OF the bark 81. James
A Seotehrnan William Il Aassie
xas made q citizen Of the Trnifaa