The Hawaiian gazette., 1901-03-29
THE DAY IN
THE COURTS
From Wednesdays Dany5

The special term of the First Circuit
Court opened with very quiet day
yesterday and adjourned about 3 p. m.
until Monday morning. The term viii
be continued until the cases on hand
are attended to.
A lengthy brief was filed yesterday
/ in the Supreme Court by Andrews and
Peters, attorneys for reator in the
matter of an application of w. r
Schmidt for writ of mandamus
against a. S. Humphreys The facts
are reviewed and the defense of the
First Circuit Court Judge is taken up
in paragraphs and answered, numer
Gus citations being quoted to support
eacn statement. The headings of the
sections of REALTORS brief are in denial
of the allegations of respondent, and
lare as follows
The alternative writ was properly
entitled and stated facts sufficient 90
lcntitie relator to relief"
ut is the duty of the Supreme Court
of the Territory of Hawaii to issue
mandamus to vacate and set aside IL
legal orders of inferior tribunals, on
authority of the statutes of the Terri
tory of Hawaii, and decision interpret
ing the same, and like statutes and like
dec sions of other jurisdictions
THAT relator had no other full,
Ispeedy and adequate remedy except by
writ of mandamus."
"That the First Judge had no power
or authority to make the order com
planned Of"
THAT the writ of mandamus does not
ask the Circuit Judge to perform an
limpossibility, as alleged but that ne
should vacate an illegal, improper and
invalid order"
The brief occupies thirteen closely
type written pages and each paragraph
under the above headings is taken up
at considerable length, with citations
of cases of similar nature
ADMITTED TO THE BAR.
Application was filed yesterday for ad-
mission to the bar of the Supreme Court
of the Territory of Hawaii by J. ].
Dunno. The applicant AYERS himself to
be graduate of the Hastings College
of Law of California, and that since the
year 1883 he has been in the practice of
law as an attorney and counsellor in all
the courts of the State of California;
also, in the year 1898, being admitted to
practice and become an officer of the
Supreme Court of the United States.
Certificates of such admissions are filed
with the applications also applicants
tlplpHld VI lIOil lhe law ue-
partment of the University of Califor-
mia under the degree of Bachelor of
Laws and the academic degrees of
Bachelor of Arts and Master of Arts.
Applicants credentials We're accepted
and his application accepted, whereupon
he filed his oath as an attorney Mr..
Dunno is to be the Assistant Attorney
General of Hawaii.
Rufus A. Lyman yesterday filed an ap-
plication for admission to the bar with
the Supreme Court, and upon accept
ance of his application filed his oath as
an attorney. His application states that
he has held the following offices: Local
Circuit Judge of the Third Circuit Court,
for four years from 1866; secretary to
Governor of Hawaii from April, 1866 to
1868, or thereabouts; Lieutenant Govern
or of Island of Hawaii, from 1868 until
the death of His Majesty Lunalilo; tax
assessor for District of Hilo, for 1862 and
1863, and collector of taxes in Hilo Dis
trict during 1882 and 1888; collector of
taxes for Hamakua, about 1885 and 1856;
Police Justice of Hlo from 1877 to 1878;
commissioner of private ways and wa
ter rights in Hamakua from 1880 to 1891:
deputy sheriff and prosecuting officer of
Hamakua from 1887 to 1891. and OF the
Island of Hawaii from 1896 to 1900; boun-
Diary commissioner for Hawaii from 1870
to 1879 and from 1894 to the present time;
he has also acted as Hawaiian interpre-
ter at some of the sessions of the Third
and Fourth Circuits and as assistant
clerk of the Fourth Circuit.
Mr. Lyman also AYERS that he is IA
miliar with the laws of Hawaii and the
practice of law in all the courts. and
has read all the ten volumes of the Su-
preme Court decisions.
COURT NOTES.
Full and complete satisfaction of judy
ment was yesterday acknowledged by
the plaintiff in the case of NJ G. Silva
VS. Chas. S. Des<y, by Robertson & VIII
der, his attorneys.
A notice of motion was filed yesterday
by Francis j. Berry, attorney for de-
PENDANT. in the case of the Territory VS.,
Endo, giving notice that at o'clock
this morning defendant will move the
First Circuit Court to set the action for
trial at an early date.
PROBATE.
\ supplementary inventory in the
/ tate of Amala Joy, deceased, was filed
yesterday by Mary A. Lee, admlnistra-
tor, enumeratng articles of personal
property to the value of S5j, in addition
to the articles already enumerated In a
former inventory.
GUARDIANSHIP MATTERS.
/ Hearing was had yesterday In the
First Circuit Court OF the petition OF C.
Kahele, the adopted father of Wahine-
hooikaika ana Kaaiahua. for his ap-
pointment as guardian over the person
and estate OF said two minors. The
Court granted the petition and appointed
Kahele guardian under bond OF 500
a masters report was filed yesterday
in re the guardianship OF william A.
Han and Annie Han. stating that the
master, J. a, Thompson, after examin-
ing all accounts ana reports Of william
-, Smith. guardian OF said minors. finds
them to be correct In all particulars and
recommends that In accordance with
tho GUARDIANS petition. said guardian be
discharged with his commissions, said
minors having, as ayerred In said petit
ton, become ~ age,
A guardians bond IN the sum ~ 81
bhl was nlei yesterday by a. W. llough
failing, as guardian NJ The person ana