The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-05-14
COURT NOTES.
sunMirrED WITHOUT SUIT.
crrom saturdays daily

SUBMITTED WITHOUT SUIT
A submission without suit was yes
tcrday flied in the First circuit Court
by the respective parties to new cas-
ontitled John j. Grace vs.. the Terri
tory OF Hawaii.
o. stated that the difference be
,,,oor tho partteg might be the subject
Of a civil action. but that the hi'es
n,,e agreed to submit the case without
emf for the reason that the amount
,r controversy is so small that the en-
niovment OF counsel would be substan-
tally a denial of the claim, and that as
4, "a manifestly unfair that II the PLAIN
tinf Is not represented by counsel thaI
tho matter in controversy should hol
no argued by counsel on behalf OF the
TERRITORY. Upon this presentation Az
tornev-General Dole prays the cou''
that the matter may be submitted ~,
determination without argument anu
without briefs. ,,,,
The statement of fact agreed upon
and submitted is as follows
.oThat said Grace is, ana, during tle
month of February, 1900, was, uuly IL
censed physician and surgeon practIrlus
said profession in Hilo, HAWAII ma
IN said February policeman at INV
aforesad without authority, justhcatoh
nv extenuation by law, shot ana wound
cd a private citizen. That 1t imtheu ,,,na,
became necessary to extract tne june
from said wounded man. lhaV I
sheriff of Hawaii requested salu Nteo'
70 nerform said operation, promising MN
arorobie comnensation for the service
b, tho Department of the Attorney Gen
araI THAT said Grace performed sau
service in a skillful manner ana rem
dered n bill therefor TO ne AttoiHeS
Generals Department. That In oruer LOT
the warrant to be drawn and PAID In or
1trorv course. as a liability of the At
tornev Generals Department one OF the
Danartments of said Territory, II Is nee
essarv that said bill should be approVeu
by the Attorney General. Ihat tne ~ ~
tor General, doubling whether salu plu
is n legal liability of his Department OF
~ said TERRITORY and whether he has a
lawful right to approve the same de-
clines To approve it without the sanction
of this Court"
COURT NOTES.
In the case of Antoine Bright vs. David
Kawananakoa, the defendant has iileu
an answer of general denial to the a--e-
cations of plaintiffs petition, by Kinney.
Ballou g. McClanahan, his attorneys
Judge Edings is now in Honolulu, ana
on Monday will take up the case wniTt
the First Judge of the First Circuit
Court is disqualified to iear Judge Ed
tnps was requested to come down from
Kona for this purpose by the presiuihs
Judge. ,., Az
In the ejectment action of Samuel An
drews against kaikena, upon rnoIIoh VI
counsel for plaintiff and counsel Tor ue-
PENDANT consenting thereto, the court
Yesterday ordered the demurrer CONFESS
ed and allowed plaintiff five days Wlthih
which to amend his complain. Inc ue-
murrer was filed on November a. Isoo'
l. L, Kaulukou is the attorney Tor ue-
PENDANT.
DEMURRER OVERRULED.
BY consent of counsel in the case OF the
Territory of Hawaii VS.. Her Majesty
Queen Iiliuokalani and .onn II. wilson,
the Court has ordered the demurrer over
ruled pro formis in oruer to facilitate an
early and final adjudication of the issues
involved.
CAYPLEss FOR THE BENCH.
1t is assumed that a new First District
Court Judge Wa. be appointed as soon as
the Presiding Judge reures, AM II ID
understood that strong petitions VIII De
sent to Washington recommending Ed
gar Caypless. clerk of the Senate, TOT 'he
vacancy on the bench.
FEDERAL COURT.
Two new sections were added to the
rules of the United States -J.strict Court
"
ing through the recent uI.hculty in re-
gard to the "garbled" stenograehic re-
port, the "garbling' of winch was as
claimed by both Court Reporter Key
nolds and United States District Attor-
ney Baird. The new sections are design
ed for the protection OF court papers,
and Judge Estee mas given riders that
they must be rig!dly followed. Ihe Two
sections in question are herewith quoteu'
Section "A. The transcript of the tes-
timony and exceptions on appeal or err
ror in any cause, shall be submitted TO
opposing counsel for correction ana ap-
proyal; and If the counsel on both sides
fail to agree upon and settle the testimo-
nv and exceptions within reasonable
time, the same shall be settled by the
Court as soon as the record, eviuence and
exceptions are agreed upon or settled
they shall be filed forthwith in the office
of the clerk of this court, ION when
office they shall not be removed for any
purpose. except on the order of the
Court.
Section l25. No papers or motions OF
any character shall be filed In this court
in any matter. proceeding on appeal or
error, nor will any matter or thing with
reference thereto be heard or passed up
on by the Court. until the transcript OF
the evidence in the case Is duly filed in
the office of the clerk"
NATURALIZATIONS.
Antonio G. Silva, native OF Portugal,
was naturalzed by process OF the United
States District Court yesterday.