The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-28
WIN. HALL STILL
NEEDS GUARDIAN
Civil Proceedings Had Before
humphreys Yesterday-AdoP-
ton Of Porto Rican LcsaIized.

the case of VIM. A Hall, after Judge
Humphreys had refused to discharge
the guardian. Geo. r. Carter.
In the appeal fled by Geo. Davis he
alleges:
THE petitioner VIM. Hall does here
by appeal from the judgment and or
der of the Hon. a. s. Humphreys. First
Judge of the Circuit Court of the First
| Circuit, dismissing the petition praying
for the discharge of the Guardian and
general relief on the following grounds;
81. The appointment of Geo. r. Car
ter was and is null and void.
'2. The End Judge of the Circuit
| Court exceeded his jurisdiction in MAX
| ing said appointment under the statute
and the Guardian should have been dis
charged.
80 The statute under which said APP
pointment was made is unconstitutional
and void.
a The decision is contrary to the
law and the evidence.
20 The evidence adduced sustained
| the allegations of the petitioner and
was uncontradicted.
&c. The Hon. 4. s. Humphreys eX-
ceeded his Jurisdiction in Diminishing the
petition ana any TeleI.
~. The petitioner excerpts to the rul-
ings of the presiding judge in refusing
to discharge the Guardian when the
uncontradicted evidence sustained the
allegations Of the petition that such
guardian was no longer necessary
The hearing of the application Of
Hall for the termination of the spend
thrift trust brought out some inter
esting testimony. The guardian made
no defense, simply stating that he was
appointed at the instance of the boy
and if the court held that the guardian
ship was no longer necessary he was
perfectly willing to step aside.
This is the case wherein a guardian
was appointed al the request of Judge
Gear, after he had explained to the
young man that he would want TO have
the trust terminated in a few months
and would then be unable to do sd;
advising instead. trust deed. Hall
was put on the stand as the first wit
ness and testified that he had applied
for a guardian upon the advice of MI
McCIanahan.
do you drink intoxicating liquors
now?" asked Mr. Davis.
mo, SIR
do you play poker. dice. or any other
game of chance?'
mo, SIR"
Have you attended horse race with
in the past two years?"
Yes. one; but didn't bet any money"
do you belong to any poker dice or
domino cIub?' |
mo, SIR
do you think you could get along on
$50 a week?''
Less than that; about $40 a week.
On examination the witness said /
that he changed his mind about a spend /
thrift trust right after the guardian was (
appointed. He said he had learned some
thing since then. and built himself up.
on redirect examination, Hall said he
was able to manage his own estate and
did not want to be tied down.
do you go to church?" asked his at
torney.
Eyes, Catholic church" -
Been there lately?''
Yes
Been 70 confession?' II
Not lately"
Mr.. McClanahan was then called TO II
testify in behalf of the petitioner, and
here was a lively tilt between the two
attorneys Mr.. McCIanahan smilingly
,ssented to most of the questions of Mr..
Davis, but when, on several occasions, he
stated that he did not know certain facts
Davis became angry, and made an at
empt to shake the witness testimony.
Judge Kaulukou was also called in be-
le thought $50 a week would be sufh-
,ient for the maintenance of the boy.
rhe evidence showed the estate to be
worth eighty thousand dollars. but the
and was not bringing in any income at
PRESENT.
Judge Humphreys intimated from the
opening of the case that he would not
;rant the petition, as two months rel
was insufficient.
81 have been unable to find any refer
nee to a spendthrift law in either the
American or English lawbooks' said
he Court in dismissing the petition. l
hink the practice originated in the Ro-
nan Empire. where the law was passed
o prevent the Roman youths from vast
ng their estates. and protecting them
rom their own excuses and eXtrava-
,ances l am inclined to think that as
n economic measure the law is wrong !
)ebauchery is not good citizenship, and
. man who wastes his fortune, even in
ghat are sometimes called the commend
bile vices, is not a good citizen Inc
aw may be necessary. and the conditions
ere seem to warrant its enactment ana A.,
continuation. In the Olden times. when
II that the Hawaiians had to do was to
raw in a net full of fish and gather a
ew mangoes. figs and bananas. there
-as no necessity for economy. and the
eople became improvident, not from
ny inherent weakness of character, but
imply owing to the physical conditions
ere.
THE evidence at the former hearing
hows that Hall made the assertion that
r he were given the whole of IS 500 900
state he would spend it. and it does not
Gem possible for the reformation of two
1onths TO be lasting.
1T is not necessary for the guardian to
now the ward. and there appears to be !