Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-03-04
TO SAVE NOT DESTROY.
RECEIVER WUNDENBERG'S
DUTY LEGALLY DEFINED
Attorney Hatch Said Petition Was
Extraordinary Execution Be-
fore Judgment The Judge
Called II.

Judge Humphreys. as briefly report |
ed Yesterday. denied the petition of Re- |
ceiver Wundenberg for instructions to
sell the property of the Kona Sugar
Company at public auction.
Mr.. Dillon argued for the petition.
Since the papers were prepared, a let
ter was received from the manager
showing such a state Of things that it
was necessary to do something at once. |
Mr.. Cuwan writes that the supplies
furnished by II. Hackfeld q Co. would |.
be exhausted by the time the steamer
returned on the jth inst. Meetings of
japanese were being held in houses
and along the roads, and they were re-
solved not to cut stick of cane until
some settlement of back wages was
made. The men had no money and
could not get away. 4 request was
made by the manager for $4,000 by
Tuesdays mail. He said the attorneys
should be asked to communicate with
the laborers. to induce them II posi-
lie to continue working pending eff
forts to have the plantation go ahead.
Mr.. Hankey said he had taken the
liberty of asking the receiver what he
proposed to do. His answer was that
he did not know of anything but to
shut down the plantation. 1t seemed
TO the speaker that this proposed aC-
ton would only precipitate the very
thing II was intended to avoid.
Mr.. Magoon considered it had been
| shown that Mr.. Wundenberg had ex-
hausted every means of obtaining
| financial aid in Honolulu. He had been
to every person who had money to pro-
cure assistance to harvest this crop. G..
Brewer & Co. were prepared to ad-
vance money If the report Of their rep
resentative had been favorable. Their
representative. however, was unwill-
ing TO advise them to undertake tho
| proposition. The plantation had been
been hanging on, in desperate Condi-
ton, for many months. II was I'M
| heard-of that a large concern like this
should have gone on for such long
time without money. The laborers
were in q state of inCipient insurrec-
ton, making dire threats against the
crop. All that counsel opposite had to
say was that they wanted time to get
/ together. They ought to be prepared
| to meet the issue at once. II was a
very grave position in which the re-
Ceiver was placed. II any violence were
done, such as setting fire to the cane,
! 1t might be laid at the door of the re-
! ceiver. The only solution was to dis
pose OF the matter at the earliest pos
sible moment. Not a moment should
be wasted. II the creditors could dc
nothing, the property should be sold
for the benefit of all concerned. The
receiver had consulted constantly with
the bondhOlders, the stockholders and
NJ. w. McChesney & Sons. the plain
tiffs as well as creditors. He had acted
throughout in perfect good faith and
was asking for these instructions as
the best relief under the circumstances.
| No sufficient reason had been offered
for continuance.
Mr.. Hatch considered ii eXtraordi-
nary to have the receiver ask for such
instructions. He was appointed to pre-
serve this plantation and not to de-
| strOy II. There was no request from
the bondholders to Justify his action
| His appointment was made for the pur-
! pose of obtaining means for keeping
this property together. To ask for an
order of sale on such short notice was
unprecedented. A sale could not be
made that day, nor even an order Of
sale without consent OF the opposition
Therefore. 1t was argued. matters a
the plantation would only be made
worse by the hasty action proposed.
Judge Humphreys described two le
gal occasions for receiverships am
went on to say that the proceedings II
this case were in the nature of an as
sumpsit suit. The plaintiffs were II
the position of equitable mortgages
To grant the petition for sale woulO
be tantamount to ordering execution
before Judgment. The recalcitrant ant
turbulent disposition OF the laborer
alleged apart from the question of tn
courts jurisdiction in such case, ha,
not been made clear. Mr.. Wundenberg
after a hurried visit to the plantation
concluded that II immediate relic
could not be obtained the best thing /,
do was to sell the whole property. Blu
to order sale at six hours motto
would be arbitrary. The receive
might for the present be considere,
merely an ordinary caretaker of tn
property. II was in his power to ap
point agents to preserve the property