The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-05-23
BOW WOACS
WIN SUIT.
Election OF Jan. |,
Held TO Be
Valid.
crrom wednesdays Dally)

Judge Gear yesterday dismissed the
suit OF the Territory ~ Hawaii vs.. c
IN. Al, declaring the present officers OF
the United Chinese Society were prop
erly elected. This is a victory for the
Bow wongs. and the Chinese Consul s.
PARTY will now appeal 70 the supreme
Court for relief
The plaintiffs closed their case yes
terday morning with the testimony OF
Lin shin Chow and G. :. Crane, who
testified that the election notices had
been published In The Advertiser. Al
the close 81 plaintiffs case Judge Sllll-
man for defendants moved for a dis
missal on the ground that the meeting
OF the Bow Wongs held on January !
was legal and binding, according to
the plaintiffs own witnesses, though he
admitted that n few unimportant de-
tails of the bylaws had been over
looked Lorrin Andrews, In reply,
stated that both elections were invalid,
and asked the court to order new
election. Judge Gear allowed the mo-
ton to dismiss. holding that neither of
the factions had complied with the by
laws but that the election held Janu-
airy / was binding, being in accordance
with the usages and customs of the
past sixteen years. The court held that
there was no showing that the bylaws
had ever been approved by the Minister
of Interior as required by law. A new
election. he held. he could not order.
The evidence shows" said Judge Gear
in granting the motion, that there
were thirty or forty members of the
society in 1856, and since then no new
members have been regularly elected.
Men have been invited to become
members and have come in without any
ceremonies of initiation or payment of
dues. II was the custom every year
for the president or secretary by his
order to write a list of those who had
taken part and elect officers. This was
done last January
only four of those who il is claimed
are the only legal members OF the So
clety attended the meeting of January
"a. at which the plaintiffs claim that
there was n legal election. If the by
laws were in force there could not be
an election with four members. 1t Is
claimed that these members. some of
them having, according to their own
testimony, left the society years be-
fore, were stlll all there was of the
society because they were the only ones
legally elected.
There We're no objections for six
teen years to the method of election
pursued in the meeting of January /.
1t having been shown that the officers
alleged to have been chosen on January
81 were not legally elected. and it APP
pearing that the officers chosen on Jan
uary 1, whose elections were ratified on
January %, were elected in conformity
with usages and customs followed for
sixteen years, the motion to dismiss
the bill is granted"
PRISONERS ARRAIGNED.
The defendants indicted by the grand
jury Monday were arraigned before
Judge Robinson yesterday morning.
Willie Forrest and Robert Pak Ke-
lilaa were indicted together for lar
Ceny. Keliiaa pleaded guilty and SEN
tence was suspended. on another in
dictment for larceny he entered the
same plea and was sent to prison for
one year. Willie Forrest pleaded not
Euilty.
Apuaa, Sequa and Daniel Ea pleaded
not guilty to larceny in the second de-
gree. They are alleged to have stolen
copper fittings from the Rapid Transit
Company.
John Waiahao pleaded not guilty TO
larceny. The same plea was entered
by Joe Akana. larceny; Pedro Rodri-
CUES. larceny; Tai Lung. larceny; Juan
Orti, larceny. and Kaha. malicious in
jury. Kahahana pleaded guilty to lar
ceny in the second degree and was sent
to prison for ten days.
CRIMINAL TRIAL.
In the afternoon Wahilani. charged
with stealing twelve or thirteen dollars
from a native woman, was tried and
found guilty of larceny in the second
degree. He will be sentenced this morn
ing. Mr.. Lightfoot defended at the re-
quest OF the court.
GRAND JURY'S FINAL REPORT.
The grand jury will make a final re-
port to Judge Robinson this morning.
There are six or seven cases still to be
reported upon. Among those consid-
cred was the charges OF murder against
Kentucky Bill" and against Kimura,
charged with killing japanese woman
named Kane at Waialua on Sunday.
Indictments will very likely be returned
against both of these men. who are now
in the custody of the police.
NEW SUITS.
Henry Smith. as trustee under the
will of r. w. Holt, deceased, and John
Dominis Holt, Jr., yesterday brought
suit against the Territory of Hawaii
to establish fishing rights. The claim
Is made to the Ahupuaa of Kakaha,
district OF Waianae. Oahu.
Allen & Robinson sue Hoffman &
Riley for the sum of sSl9, alleged 70
be balance due for materials furnished
for the construction of a building on
Fort street between Beretania and Ho.
tel streets. A lien il asked upon the
premises foi the alleged debt.
INJUNCTION GRANTED.
Judge Humphreys granted an injunc,
ton yesterday at the instance OF An,
ME w. Akong to restrain Rudolph
Duncan from breaking, tearing or 9th
erwise injuring a cottage and fenc,
upon the west side Of Kalihi road. Sh,
claims the land by virtue Of a leas,
from the Bishop estate Tho caaa MN,