The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-10-04
CASES OF
IMPORTANCE
7'hesupreneCourt
Will Sit on
Monday.
FISHERY CASES
ARE COMING UP
Lost Note Book Causes Attorneys
to Worry and Appeals Must
Be Dropped.

The October term of the Supreme
Court will be opened Monday morning
after the summer vacation. The full
court will sit, both Chief Justice Frear
and Associate Justice Galbraith having
returned from trips to the States.
A number of interesting cases are
booked for hearing at the coming ses-
sion, some of them of considerable i'm
portance.
The fishery cases are of most interest
because of the great number of similar
actions dependent upon the two suits
now before the Supreme Court. These
cases are entitled j. o. Carter, eft al,
trustees of the Bishop Estate vs.. Terri
tory of Hawaii, and S. NJ. Damon VS..
Territory of Hawaii. Judge Humphreys
passed upon both these actions, holding
that the claimants had no right to ex-
elusive fisheries, and that the title rest
ed in the United States. The lower
court held that the government could
convey no title to abulGing sea fisheries,
and this question now comes before the
Supreme Court Under the Humphreys
ruling the Territory can take possession
of all the so-called private sea fisheries,
and throw them open to the public,
without compensation or damages to
the claimants, and this will be done if
the Supreme Court sustains the de-
cision. There are about one hundred
and forty suits which will be decided
upon the submission made in the above
two cases.
Another case of general interest is
that of the London Liverpool and Globe
Insurance Co. VS.. F. w. Macfarlane ct
al, Fire Claims Commissioners. In this
case Judge Gear decided that the fire
commissioners charged the Sing Chan
Co. with $500 insurance twice and is
sued a mandamus compelling the GER
tificates of award to be amended. The
insurance companies have made this a
to pay an additional $3.50, 900 in case the
| lower courts decision is affirmed. In
cidental1y the legality of the action of
the legislature in providing for the
commission may be brought into ques-
| ton, and the entire work of the com
missioners wiped out, on the ground
| that the legislature had no authority
| under the Organic Act to create court
of final jurisdiction. Even if such a
construction is placed upon the act, 1t
| is not thought that the validity of the
claims viii be affected, as the findings
of the commission will stand in che
event thu. Congress makes lie apprc-
priation asked.
The appeal has also been perfected
in the case of Sun Kwong Mau Co. VS..
Waikiki Land and Loan Association,
which involves the right of the Rapid
Transit Co. to cross the McCully tract.
Pain was the moving spirit in the trial
in the lower court, which went against
him, and now that negotiations are
pending for consolidation of the two
companies, the case will probably DE
continued or dropped entirely.
| The Winslow divorce case is also
coming up on an appeal from Gears
ruling that there can be no service by
publication, he having held that the
| Government Gazette" is no longer in
existence. The Nobrega divorce case is
also set for hearing, for third time
on appeal, and also the case of Robert
Hind VS.. e. P. Low partnership &C
counting. Altogether thirty-nine APP
peals have been perfected and are on
the docket for the term beginning Mon
day. There are three murder cases III
which appeals have been noted but the
| transcript will not be completed for a
review at this time.
| Some of the attorneys are worrying
exceedingly over the loss OF a reporter
shorthand book, which contains evil
dence required on appeal. One of tbs
note books used by Miss Pauline Neu-
mann( now Mrs. Rodiek) has been mis-
placed and the record can therefore not
be perfected. Several cases in which
appeals were taken will have to BE-
abandoned, one Of the most important
being the fight over the organization
of the United Chinese Society, whics
was heard by Judge Gear.
| Unless the note book can be found nj
lrecord can be made and the attorneys
interested are hunting high and low foi
the missing record.