The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-09

is CALLED
.Supr enc Court
Has But Two
Cases.
INSURANCE CASE
TO BE TAKEN UP
KamaIo Case Will Also Be Heard
neutrality-suspicious. of AT.
torneys no Excuse.

The calendar for the October term
of Supreme Court was called yesterday
morning. OF the twenty-five cases on
the docket but two were ready for
hearing, and postponement was
granted in the remainder, either be-
cause of the absence of interested at
torneys, or of Chief Justice Frear.
The KamaIo case, H r. Hitchcock
ct al. VS.. F. Hustace ct al, in which
the lower court gave plaintiffs judg-
ment for $120, 600, will be the first case
taken up, and may be argued today.
the absence of F. w. Hankey, one of
the attorneys interested, but upon the
request of Attorney Davis the case
was set down for immediate hearing.
ut does not appear to the court that
the absence of Mr.. Hankey is a suffi-
cient reason for the continuance, said
Acting Chief Justice Galbraith. "Coun-
sci have no right to absent themselves
for months at time unless they leave
their interests in the hands of other
attorneys. The case will be heard at
this time, and a substitute found for
Chief Justice Frear.'
An application was also made in this
case for delay until the return of
Judge Frear
The Chinatown insurance cases are
also to be heard Immediately, at the
request of half a dozen attorneys who
are interested in similar cases which
the opinion upon this case is expected
to settle This is the appeal of Choy
Lock VS.. Royal Insurance Company,
in which the lower court held for the
defendant Mr.. Magoon wanted an i'm
mediate hearing, as did F. NJ. Brooks
and Judge Silliman, who are interest
ed in similar cases. Mr.. Robertson, for
defendants, saw no particular reason
for taking UP the cases at this time,
to which Magoon retorted that hun
dred cases depended upon the outcome
of this one. Robertson replied that the
attorney was exaggerating tritle, as
there We're not more than thirty alto
gether. Mr.. Silliman asked that the
case be taken up Immediately.
The trouble with the attorneys in
these cases." replied Robertson, lis
that they can't tell when they are
beaten. Both forms of policies have
been held invalid, and Judge Silliman
himself in a similar case decided in
favor of the defendant, and his very
able and learned opinion was upheld
| by the Supreme Court. Now he comes
! in here and wants the case tried ali
over again"
THAT isn't exactly correct" said
Judge Silliman. @The cases that came
before me, while of the same nature,
| involved different principles"
The court finally ruled that the case
| must be heard at this time.
| In the case of Territory VS. Liliuo-
| kalani and Territory vs.. Kanoii ct al,
| it was agreed that they might stand
over until the return of Attorney Gen
eral Dole as he desires to present the
argument for the Territory Justice
| Galbraith stated that both Frear and
| Perry were disqualified in these cases,
and Chief Justice Frear had requested
that they be taken up in his absence.
| Two attorneys viii be called to sit with
Galbraith in these cases. which involve
a question of fishing rights.
| Upon questioning from r McCants
| Stewart as to the method of selecting
justices to fill the places of thoee dis
qualified, Judge Galbraith stated that
| the statutes gave that power to the
I court, but the selection would be made
with the advice and consent of attor-
neys.
| The remainder of the cases were
| postponed for various reasons: the re-
| turn of Attorney Hankey. and of At
| torney Peters, and until the recovery
of f. +. Thompson. or until the return
| of Chief Justice Frear The habeas
corpus cases We're continued also, until
| Frear's return, though from the atti,
! tude of the interested attorneys they
will be dropped altogether