The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-28

The court did not wish the boy plac-
ed under guardianship because of the
revelations made in the Love case and
warned the boy that he might have
trouble in having the trust terminated
again. as soon as he wished The court
suggested that trustee be appointed
but the boy said he preferred guar
dian. as then he could not squander his
estate.
The boys aunt did not know much
about his spending abilities, and the
court questioned her closely IF what
the boy said at the previous trial is
true remarked the court, "he is a re-
lmarkably good subject for a spendthrift
trust. At that time he said that if he
sold his properly for s100. coo he would
spend it all for drinking and gambling
do you consent to this spendthrift
trust?" asked the court
| Il think it is better for me- replied
Hall.
| DO you admit wasting your estate in
debauchery and drunkenness?",
| Yes, sir
| Are you doing this with the inten-
ton of saving the estate for YOURSELF"
Yes, sir
There are other ways of saving your
property, the appointment of trustee,
for instance; would you rather have
THAR"
Il want a guardian appointed: l be-
lieve It will be better"
| Remember, now, this guardian will
control not only your property, but
your person; he can say where you
shall live"
Yes, sir"
when did you get drunk last?"
! Three weeks ago"
When did you gamble last?"
six or seven months ago."
| How much did you lose?"
Not very much; about sixty dol
lars
How long have you been Drinking"
II used to drink before, but not much.
I commenced about the time I left my
wife,
us that what made you drink
NO, sir; I fell in with bad compan-
ions"
What if you got 800 a week? Would
You stay drunk all the time?"
Il might if 1 fell in bad company"
You may come before another court
asking for the discharge of your guar
dian and he may not do it."
! The court then requested the presence
of the prospective guardian, George
Carter. and advised him as TO what
fwould be expected if he was appointed
In this instruction the court plainly in
timated that there might be an order
for the discharge of Magoon in the
Love case, and he referred to that
matter several times.
He said in part, The guardian in a
spendthrift trust isn't authorized to use
all the income to add to the principal"
What good will it do after the man
| is dead?" asked Mr.. Carter.
Il don't know; some guardians think
that is the proper way. 1 will advise
] that Mr.. Hall be allowed all his income.
4, This court will not act as an alder and
abettor to any effort TO pile up the prop
erty in trust for posterity. As you
know from the events of thapast week,
man with an estate of $500 was al
lowed but four dollars a week This is
not reflection upon you. Mr. Carter.
Under the law the court cannot take
away both property and income. The
income is of course governed by the
amount of the estate. Some men can
enjoy themselves on smaller incomes
than others, but this should not affect
the allowance which is limited only by
the amount of the property. Some men
enjoy themselves in one way; some in
another. If man like horses he should
be allowed to enjoy them if he has the
income, and not like in the Love case,
where objection was made to his buying
a horse at auction.
Some people have large incomes and
save it all. A former judge allowed
Love but four dollars week; that may
have been sufficient for spending money
for that judge, but it wouldn't be suff1-
Icient for this court. The income should |
be given to the ward to be spent as he |
sees fit
The order appointing Mr.. Garter as
guardian will probably be made this
morning.
REGISTRAR THRUM SUED. /
Former Deputy Registrar Moses *.
Nakuina has entered suit against Reg
istrar Thrum for the sum of slo,oOo
damages for alleged injuries growing
out of the discharge of the deputy by
his chief, and statements alleged TO
have been made by him at that time.
The following are the facts set out IN
the petition as grounds for the com
plant:
/. That the defendant is a resident OF
Honolulu Island of Oahu, Territory Oh
Hawaii. and now is and during all the
times hereinafter mentioned was the
Registrar of Conveyances in and for the
Territory of Hawaii
IL That on the 30th day of July, lsol,
the plaintiff was and for years prior
thereto had been the Chief Deputy Regis
trar of Conveyances in and for the Ter
ritory aforesaid but on the said last
named day he was, by the said defend !
ant. discharged from his said position
and is no longer the holder thereof. {
III That on the said S0th day of July
the said defendant in stating the reason
and reasons of said discharge of said
plaintiff from said position wickedly and
maliciousfy intending to defame and in
lure the said plaintiff in his fame and
reputation and good name and to bring |
him into public scandal, disgrace, abhor-
ance odium, hatred, contempt ana :