The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-04

LAW IS VOID
Unconstitutional
According to
Gear.
CAN DESERT
BED AND BOARD
Becky Bishop Spendthrift Case
Submitted-Criminal Calen-
dar Gone Through.

constitutional the law which provide
husband or wife. Then the cou,
changed its mind again and decided
first hear the merits of the matter i
controversy, as had been previousl
suggested by Deputy Attorney Genera
Cathcart.
The Territorial law provides that tn
man or woman who deserts the wife o
husband can be taken before a distric
magistrate and upon refusal TO return
TO joys of welded bliss, may be fined
not to exceed 500 or imprisonment fol
not more than thirty days, and for the
! second offense not more than one year
Judge Wilcox recently sentenced sew
eral men and women to short terms in
| Jail under this statute, and their ap-
| peals were taken. When the case OF
| All Young, charged with deserving her
| husband, was called, Mr.. Andrade ap-
peared and asked that it be stricken
from the calendar as the defendant had
since been divorced.
WAS All Young tried on that ground
since annexation" asked Judge Gear.
Yes" replied Mr.. Andrade, land a
divorce has since been obtained, and
you can't very well compel her to go
back and live with her husband now"
THAT doesn't affect the status of the
case" replied the court; "a crime COM
mitted can't be wiped out in such a
manner. But 1 will decide that the law
is unconstitutional
II would like to present the matter
before it is passed upon,' said Cath
cart.
without argument" returned the
court, Il will declare the law unconsti-
tutional."
There We're two similar cases, Terri
tory VS.. Anton Garcia and Territory
VS.. Mrs. Noel Markle, and the court
finally changed its mind about so sud
denly declaring the law demonstrations
al, and instead set the cases for this
morning when the matter will be pre-
scented.
CRIMINAL MATTERS.
The case of Matsumoto. larceny in
the second degree, was ordered strick-
en- from the calendar.
Sentence was suspended as to Mrs.
Antonio Dante, charged with two Of
ItLSSS, nctplilS d uISoidc ~ iiOOoc, anu
selling liquor without a license.
The case of Daniel McGoldrick,
larceny in the second degree, was
stricken from the calendar. 1t was an
nounced that the defendant had gone
to Manila and had since been killed in
that country. The case of Thos. Kane
assault with dangerous weapon, was
also stricken from the calendar.
Judge Gear wanted to know if the
Attorney General had any objection to
Wade, Ichagoro, and the remaining
transition period prisoners being re-
leased on their own recogniZance. Mr..
Cathcart replied empha tically that he
did object.
The case of James Duncan, assault
with dangerous weapon, was stricken
from the calendar.
The motion for new trial in the case
of VIM. Davis, assault with dangerous
weapon, was set down for hearing Sat
urday.
The case of A. Gonsalves and Mary
Young, adultery, was stricken from the
calendar, the defendants HI wing been
married.
Sentence was suspended as to Maui
tito Dante, selling liquor without a Ii
cense.
In the case of All Kin, assault. and
of Arita and twenty others for riot, Mr..
Cathcart insisted that the defendants
be required to appear in court imme-
diately or have their bail forfeited. The
court refused to take any such forcible
or sudden steps, and he set the cases
for this morning.
THE JURIES.
Judge Gear heard excuses of jurors
Immediately upon the opening of court
yesterday morning. The following were
excused: Petit jury, a. Hooking, for
one week; Lionel Hart, until Thursday;
for the term, H. p. Eakin, Louis War
rem, w. B. Rice, Carl Mehrten; from
the grand jury, ]. S. Martin and Fred
Meyer were excused for the term.
The grand jury was excused until
this morning, when instructions will be
given by Judge Gear.
SUBMISSION TO SUPREME COURT
A submission to the Supreme Court
to settle the question of the statute
of limitations as relating to adverse
possession of land was made yester-
day morning. The agreed statement
upon which a decision is asked is in
the case of T. r. Mossman VS.. The
Trustees of the Bishop Museum and is
as follows:
brought an action to quiet title against
the defendants. which is now at issue in
the First Circuit Court
= The defendants have been for more
than ten years prior to January 1. 1885,
In possession of piece of land at Wal
pic. Island of Hawaii, known as the Ahu-
puaa of Waipio and described in Royal
Patent 1923, the title to which land is the
subject OF the said action to quiet title,
and are holding such possession adverse
~ to Mossman. The plaintiff proposes in
said action to show that he is entitled
to possession of the land
g. A large number of cases are on the !
calendar of the First Circuit Court which |
involve TIE some Questions Of law an5 !