The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-08-06
COURT NOTES.
lrrom saturday's daIlYl


The supreme Court yesterday handed
down an opinion reversing the First
Circuit Court IN the case OF William
Biaisdcli Va. l. II. BURNS. Judge Gal
braith dissenting.
Complainant and respondent were
partners In the insurance business In
this city until December. 1895. when the
partnership was dissolved. The plain
tin asks that defendant be compelled
To make an accounting to which he an
swcrs denying the existence OF a part
nership In the syllabus In the opin-
ion written by Perry. assented In by
Frear, IL IL held: Upon the evidence
an agreement Of partnership il 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, IL reversed and the case IL
remanded for further proceedings"
Judge Galbralth In dissenting from
the above opinion holds that the uues-
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, 1T seems to me that the rela-
tion between these parties was too I'M
certain and unsubstantial for the court
to dignity 1t by the name of partner
ship. The plaintiffs appeal ought to
be dismissed and the decree of the
trial judge affirmed
THE 1.O00-ACRE DECISION.
Acting United States Attorney j. ].
Dunno yesterday received communi-
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-acre
clause of the Organic Act Is set up as
a 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 =.
Atherton VS.. the Wahawa Sugar Co..
Ltd, an action to remove a 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. Atherton 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-
tained because Of the law not allow
ing anyone but the government to
make the objection that a corporation
has acquired and holds more than y
| thousand acres of land, as limited by
the Organic Act.
| AS this matter was attempted to he
set up by the defendant AS a defense
in this suit, and therefore may be cas-
lily susceptible of proof, deem It my
duty to call your attention to this as
a representative Of the 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 $3.50
/ o'clock.
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