The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-11

COURT NEWS
Some New Rules
For Federal
Court.
TO PROTECT
COURT PAPERS
Attorney General and Claimant
for Small Fee Submit Case
Without Suit.

The Nailimu case, continued from
Thursday, was taken up yesterday
morning and went to the jury at 4
O'Clock in the afternoon. The jury re-
turned verdict for the contestants.
Attorney Magoon, for the proponent,
NOTED an exception on the ground that
the verdict was contrary to the law, and
the evidence and the weight of evidence
also giving notice of a motion for a
NEW trial.
The jury was excused by the court
until 10 o'clock this morning.
The jury is as follows: Thomas r.
Lucas, James E. Fullerton, William B.
Rice, Henry Lose, David F. Thrum,
Thomas J. Quinn, Alfred NJ MeIlis, Sol
ONION Peck, Solomon D. Koki, Louis H.
Miranda, Samuel /. Kekumano and Ed
ward c. Holstein.
SUBMITTED WITHOUT SUIT.
A submission without suit was yes
terday filed in the First Circuit Court
by the respective parties to new case
| entitled John J. Grace VS.. the Terri
tory of Hawaii.
1t is stated that the difference be-
tween the parties might be the subject
of a civil action, but. that the uarties
have agreed to submit the case without
suit, for the reason that the amount
! in controversy is so small that the en-
ployment of counsel would be substan
TALLY a denial of the claim. and that as
it is manifestly unfair that if the plain
tiff is not represented by counsel that
the matter in controversy should not
be argued by counsel on behalf of the
Territory. Upon this presentation At
torney- General Dole prays the court
that the matter may be submitted for
determination without argument and
without briefs.
The statement of fact agreed upon
and submitted is as follows:
THAT said Grace is, and during the
/ month of February, 1900, was. a duly Ii
| censed physician and surgeon practicing
said profession in Hilo, Hawaii. That
| in said February a policeman at Hilo
AFORESAID, without authority, justification
or extenuation by law, shot and wound
ed private citizen. That 1t Immediately
! became necessary to extract the bullet
| from said wounded man. That the
| sheriff of Hawaii requested said Grace
| to perform said operation, promising him
reasonable compensation for the service
| by the Department of the Attorney Cen
L u. NJ
| service in a skillful manner and rem
dered bill therefor to he Attorney
Generals Department. That in order for
the warrant to be drawn and paid in or
binary course, as liability of the At
torney Generals Department, one of the
| Departments of said Territory, it is nee
essary that said bill should be approved
by the Attorney General. That the At
tor General, doubling whether said bin
is legal liability of his Department or
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 filed
an answer of general denial to the a--e-
cations of plaintiffs petition, by Kinney
Ballou & McClanahan, his attorneys.
| Judge Edings is now in Honolulu, and
on Monday will take up the case which
the First Judge of the First Circuit
Court is disqualified to hear. Judge Ed
ings was requested to come down from
Kona for this purpose by the presiding
Judge.
In the ejectment action of Samuel An
drews against Kaikena, upon motion of
| counsel for plaintiff and counsel for de-
PENDANT conserving thereto, the Court
yesterday ordered the demurrer confess
ed and allowed plaintiff five days within
which to amend mis- complaint. The de-
murrer was filed on November 4, 1900.
J. L. Kaulukou is the attorney for de-
| PENDANT.
DEMURRER OvERRULED.
BY consent of counsel in the case of the
Territory of Hawaii VS.. Her Majesty
Queen Liliuokalani and .ohn H. 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 new First District
Court Judge w.4l be appointed soon as
the Presiding Judge retires, AM it Is
understood that strong petitions will be
sent to Washington recommending Ed
gar Caypless, clerk of the Senate for the
vacancy on the bench.
FEDERAL COURT.
Two new sections were adued to the
rules of the United States district Court
yesterday, the provisions evidently aris-
| ing through the recent ol.dculty in re-
gard to the "garbled'' stenographic re-
port, the "garbling" of which was dis
/ 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 has given orders that
they must be rigidly followed. The two
/ sections in question are herewith quoted:
4 Section LA. The transcript of the tes-
timony and exceptions on appeal or err
ror in any cause. shall be submitted to
opposing counsel for correction and ap-
prevail; and If the counsel on both sides
fail to agree upon and settle the testimo-
ny and exceptions within reasonable
time the same shall be settled by the
4
exceptions are agreed upon or settled
they shall be filed forthwith in the office
of the clerk of this court, from which
office they shall not be removed for any
purpose, except on the order OF the
Court.
section 125 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