The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-12
A I RIO Of
DECISIONS
Supreme Court Acts in
Three Cases.
HEALTH BOARD R[BUK[D
D. [. Akwai Wins His Suit--Estate
of Joseph Lazarus--WiIIard
Matter.

Three Supreme Court decisions were
rendered yesterday. The first was in the
matter of the appeal of ]. A. McCandless,
Superintendent of Public Works, from a
decision in the Circuit Court
D. l.. Akwai, the plaintiff, had applied
to McCandless for a permit to build, and
had been refused, under authority of a
resolution passed by the Board of Health
to the effect that no permits to build
should be issued to erect buildings with
in specified area, bounded by Beretania,
Nuuanu, Kukui and River streets, be-
cause of it's insanitary condition, low al
titIde and bad drainage. The plaintiff
petitioned for a writ of mandamus to
compel the Superintendent to issue the
desired permit, under certain sections of
the Penal Laws, which had been fully
complied with
The Circuit Court held that the Board
of Health had~no jurisdiction il, the mat
ter, and that while it had a wide power
for the protection of the public health 1t
could not interfere in the granting of
permits to build so long as the require
ments of the law on the subject were
complied with, and this had been done
The sections in question seek only to
guard against danger by fire and the
danger from bad building, etc. The plans
and specifications had been submitted
and were entirely satisfactory
On appeal the Supreme Court affirmed
the decision. Justice Frear in his opinion
stated that the Board of Health had
gone entirely beyond it's proper scope, and
pointed out that there might be many
good reasons for obtaining a permit upon
certain premises even though in an in
sanitary condition, without any intention
of doing anything prejudicial to the pub
lie health or safety. 1t also stated that
the Board of Health could no more pro-
hjbit the granting of a building permit
thar it could prohibit the execution of a
lease of the premises OR the execution of
contract to erect a building thereon"
The decision of the Circuit Court, sit
ting in probate in the matter of the .es-
tate of Joseph Lazarus, was affirmed by
the Supreme Court, Justice ]. Perry CIV
ing the opinion. The executor of the will
APPEALS from the lower courts decision.
which charges him with the sum of $780,
and further with 1884, as interest unac-
counted fer, and with 800 masters fee.
1t seems that in the original inventory
the executor charged himself with $40,
which he does not afterwards account
for. His defense is that it was false
entry, having been made by him upon the
information of the son of the deceased.
who told him that sum was in his faith
er's safe at the time. The son Is now
dead, and his mother, who was mention
ed as possibly being present. was not
called as witness by the executor.
The charge of interest is for the sum
of s4,550, which the executor withdrew
from the bank and held without account
ing for, for twelve months. The infer
ence is that the money was personal
loan to himself and as he has made no
record of its disposal for that time, he is
charged with interest at the legal rate.
The masters fee was adjudged to be
properly a disallowance of commissions
to that extent the masters services hav-
ing been required on account of the ex-
ecutors fault in accounts, and this sum
was also affirmed as chargeabIe against
the executor.
Justices c. A. Galbraith and A. Perry
concurred in the opinion.
The third decision was in the case of
John d. Willard VS.. Antoine Vincent and
T. Ledward and it remands the matter
to the Circuit Judge of the Fifth Circuit
for taxation of costs and such other pro-
ceedings as may be deemed proper.
Willard, the plaintiff acting as assignee
OF respondent Ledward, voluntary
bankrupt, in bill of equity prayed for
the cancellation of two bills of sale of
certain personal property for $500 to res
spoHueHt vincent, on the ground that
the contract was entered into fraudu-
ently and with the purpose of defraud-
ng creditors. The lower court filed a
decision and decree Diminishing the bill
and the plaintiff took an appeal.
The decree is affirmed by the Supreme
court. Upon the pleadings and evidence
I was found that the sum paid for the
property by Vincent was full and fair
'alue; that the transaction as to Vincent
vas bona fide, and that at the time of
he purchase Vincent had no reasonable
'ause to believe Ledward to be insolvent
'r In contemplation of insolvency or
Henry Gehring and Chas. Rutzke.
plumbers filed a complaint in assumpsit
against Lee Chin in which it is alleged
nat defendant is indebted to plaintiffs In
he sum of $40 for balance due on ac-
count.
In re David Dayton, guardian of the es-
ate of Thos. Metcalf, minor, VS.. Helen
Rowland ct al. the defendant Helen
Rowland has filed an answer to the COM
,ialnt denying each and all the allega-
ions and announcing that fraud will be
elied upon for defense