The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-03
The DAY
IN COURT
GaIbraith Dissents
From Supreme
Court.
1000 ACRE CLAUSE
IN ORGANIC ACT
Is Called to Attention of the
United States by Judge
Gear.

Circuit Court in the case of William
Blaisdell vs. /. R. Burns, Judge Gal
braith dissenting.
Complainant and respondent were
partners in the insurance business in
this city until December, 1898, when the
partnership was dissolved. y The plain
tiff asks that defendant be compelled
to make an accounting, to which he an
swers denying the existence of part
nership. In the syllabus in the opin-
ion written by Perry, assented in by
Frear, it is held: Upon the evidence
an agreement of partnership is found
to have been entered into by and be-
tween the parties as alleged in the bill.
The decree appealed from, dismissing
the bill on the lack of proof of such
partnership, is reversed and the case is
remanded for further proceedings"
Judge Galbraith in dissenting from
the above opinion holds that the ques-
ton being one of fact, and the testi-
mony irreconcilable, the Circuit Judge
who heard the evidence was the best
judge of those facts. He further argues
that the evidence showed that this de-
PENDANT acted as principal in all trans
actions, that the plaintiff was only an
agent, and he concludes with the state
ment, sit seems to me that the rela-
Ition between these parties was too I'M
certain and unsubstantial for the court
to dignity it by the name of partner
ship. The plaintiffs appeal ought to
be dismissed and the decree of the
trial judge affirmed
THE 1,000-ACRE DECISION.
Acting United States Attorney J. J..
Dunno yesterday received commune
cation from Judge Gear of the Circuit
Court, calling his attention to the case
of Atherton VS.. the Wahiawa Sugar
Company, in which the thousand
clause of the Organic Act is set up as
defense. Mr.. Dunno is asked to take
such action as he may see fit. When
asked about the matter last evening
| the United States Attorney stated that
he had not sufficiently considered the
question to be able to outline his action.
The case is set for this morning, but
Mr.. Dunno is of the opinion that it will
be continued, and in the meantime will
study the questions presented Judge
| Gears communication is as follows:
Acting u. S. District Attorney
Dear Sir-In the case of Joseph B.
Atherton VS.. the Wahiawa Sugar Co..
Ltd, an action to remove cloud upon
title, the defendant corporation, in its
answer, alleges that plaintiff holds the
| land as trustee for the Waialua Agri-
cultural Company, an Hawaiian cor
poration which already holds lands in
the Hawaiian Islands in excess of 1000
acres, and that this acquisition by the
said Joseph B. Anterior as such trus-
tee, was and is in contravention of
section 55 of the act to provide a gov
eminent for the Territory of Hawaii,
to the effect that mo corporation shall
own and hold real estate in the Ha-
waiian Islands in excess of 1000 acres -
and that, therefore, the plaintiff Is not
entitled to proceed in equity against
the defendant. There was an exception
taken to this portion of the answer on
the ground that the same was imper-
tinent which exception this court sus-
tanned because of the law not allow
ing ANYONE but the government to
has acquired and holds more than a
thousand acres of land as limited by
the Organic Act.
AS this matter was attempted to be
set up by the defendant as a defense
in this suit, and therefore may be cas-
lily susceptible of proof, I deem 1t my
duty to call your attention to this as
q representative VI Tie United STATES
government, for such action by your
self as you may deem proper under
the circumstances.
The trial of the case is set for Sat
urday morning, August Sd, at $50
o'clock.
APPEAL CASES.
Notices of appeal from the district
court have been filed in the following
cases:
Joaquin Silva VS.. ]. F.. Souza.
Charles Lind VS.. All Sam.
Joe Barsas VS.. v. j. Faggeroos
F. c. Rhodes VS.. A. M. Brown, mar
shall
Joe Gonvera vs. Manuel Pacheco.
j. NJ. Vivas VS.. B. Cordeiro.
j. M. Vivas VS.. William L. Peterson
MOTION DENIED.
In the re-trusteeship of George Kaa-
wa, the motion for the appointment
of a trustee was denied on the ground
that the court had no jurisdiction to
appoint a trustee this day.
KAULUKOU REAPPOINTED.
Judge Gear yesterday reappointed
Abraham Gilbert Kaulukou deputy
clerk of the judiciary department for
the First Circuit. and clerk for the
second judge of the First Judicial Cir
cult.
PROBATE MATTERS.
The report of P. l.. Kellett Jr, mas
ter in the matter of the estate of Que
rimo Fernandez, was FLED yesterday.
A balance of s239. 70 is shown
Notice of appeal has been given by
the plaintiffs in the case of E. N. Pilipo
ct al VS.. Mrs. N. L. Scott ct al.
In the guardianship of Evelyn N.
Bidwell, a minor, the annual account
ing of Jonathan Shaw, guardian, was
approved.
Judge Gear has denied the applica-
ton of the mother of Keala HaIai and
Robert K. Halai that she be appoint
ed guardian of said minors.
An order was signed by Judge Gear
Yesterday for the distribution of the
estate of James A. Hopper
FEDERAL COURT.
Federal Court was adjourned yester-
day morning without the transaction Of