The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-09-19
EpUTI ATTORNEY general BAiIs
JUDGE GEAR WILL DELIVER HIS
CHARGE TO TIE GRAND
JURY TO-DAY.
Income Tax Law Is To sc Further
Testsd-sury Drawn To Try Case
Of ROpert VS.. Kauai in Judge
LfttIe's Court.

Judge Estee delivered a ruling in she
Pearl Harbor naval station land ocndem-
nation suits yesterday morning in the
United States District Court or the mo-
ton of the United States Government 10
strike out Of the answers of respond n ;
the claim 10 a right to trial by jury.
granting the motion without prejui e to
the right 50 claimed. j. ]. Dunno ap
peared for the Government, and r. NJ.
Hatch. w L. Stanley and III. A Bigelow
for various respondents
Judge Estee did not deci'le The ques. ION
of whether the lefen.lEn-s we're entail d
to a trial BY jury OF not, leaving the mat
ter to be brought up before the trial The
judge said. in making the ruling. thar as
the Government was anxious to have the
matter settled as quickly as possible. he
hoped that the attorneys in the case
would be expeditions. 1t was certain that
the Government would obtain the land
ne eessary foe ths protection of tbs. Terri
tiny. but it couId not do so without law
full compensation
His honor disclaimed any intention of
ruling on the question of whether or not
the defendants were entitled to a jury.
saying that the decision of the court was
merely to the effect thar the demand for a
jury was not a proper part of the answer
to the complaint. and should therefore,
be stricken out.
Counsel for respondents noted excep-
tons TO the ruling of the court.
THE Government is going to get the
land in the end" said Judge Estee, by
paying fair price for it. and it behooves
the attorneys 10 be as expeditions as pos
sible in their work on the case. As il is.
the trials promise to take several
months"
The respondents have now ten days in
which to file formal demands for jury
trials and Judge Estee will listen TO ar
gument on the question.
Wishing to await the latest news con-
corning President Mckinley. Judge Gear
announced yesterday morning. through ii
newspaper, that the grand and trial jur-
ors would be further excused until 1 30
o'clock yesterday afternoon.
The Grand Jury was excused yesterday
afternoon until this morning. when Judge
Gear viii deliver his charge.
Before Judge Little yesterday afternoon
the following jury was drawn to try the
case of Gulstan F. Ropert, trustee VS..
Sol Kauai ct al. ejectment: Gus III.
Aea. Jas. r. Shaw, ]. A. Lawelawe, Sam.
Nainoa Jas. d. Cockett. w. +. Hebron.
d. X. Bent. III. Zerbe. s. Nawaa, G. III
Anterior. Geo. Roenitz and F. Angus.
This jury was not drawn until after fif-
=
This morning Judge Little. with a jury
and counsel. win visit the premises in dis
pute-
In the income tax ease an appeal from
the Supreme Court of Hawaii has been
definitely decided upon. 1t viii be pre-
scented to the United States Supreme
Court at its October session. An effort
viii be made to have the case advanced
on the calendar for an immediate hear
ing. The collection of the tax. in the
meanwhile. win be made. Collector
Pratt is getting everything in readiness
TO commence gathering in the money.
The appeal has been agreed upon by
the merchants generally. who will divide
the expense. One of the members of the
firm of Lewis & Smith viii go to Wash
ington soon to present the appeal to the
United States Supreme Court.
Dong Yong Fong has petitioned Judge
Gear to be appointed administrator of the
estate of Dong Yong Tok. his deceased
brother. consisting of a fire claim for
$1062.70. The heirs are the widow and
two sons residing in China and another
son on Kauai. Dong Yong Fong's petit
ton has been granted. He will file bond
in the sum of $1,000.
BY order of +. p. Dole. Attorney Cen
eraI- Mr.. Catheart Deputy Attorney Gen
eral. has appointed George A. Davis as
Deputy Attorney General to attend before
the Grand jury during the special Sep
TENDER term of the First Circuit Court.
Davis took the necessary oath before
Judge Gear yesterday
In the cases of Thomas Metcalf vs.
John Kidweg and Thomas Metealf vs.
Antoine j. Lopez, notice has been given
that counsel for petitioner will move to
add Frank Godfrey as trustee for Thomas
Metcalf as petitioner in this action. and
in support of such motion petitioner of
fers q copy of trust deed.
In the matter of the extension OF Mil
ilani street to Halekauwila street. a mo-
ton 70 restore the case to the calendar
has been granted.
In the matter of the guardianship Of
Joseph kalanimauloa and Bessie Kalapa-
kee. minors, John Wailehua Keiki has
been appointed guardian Under bond OF
$3.50.
In the case Of John Fowler & Com
many leeds, Limited = corporation vs.
Robert Cation and @. W Macfarlane.
Hill for accounting. defendants have fled