The Hawaiian gazette., 1902-06-03
WRIGHT HAS
MORE TIME
Primo Beer Case Is in
Circuit Court of
Appeals.

Nothing further win be done In the
matter Of Prime beer licenses as far
as the Federal Court IL concerned un.
"a the Circuit Court OF Appeals nj san
Francisco passes upon a motion 90 sus-
pend the injunction granted by Judge
Estoe at the Instance Of the local rep
resentatives OF the mainland brewerics.
The citation Tor contempt issued fot
the appearance OF Treasurer Wright TO
show cause for permitting the opera
tion of the Primo beer saloons, was
continued until July By stipulation
between counsel. because OF the mo-
ton in the higher court. and Judge
Estce said that he would discharge the
defendant entirely II the plaintiffs were
not ready TO proceed.
The answer to the citation was filed
yesterday by Judge Silliman, for Treas
urer Wright. The defendant answers;
THAT It has been his intention and
purpose. and he has endeavored to
comply with the letter as we'll as the
spirit of the injunction issued in this
case. That he has done no act under
or by virtue OF said chapter 46 since
the issuance OF said injunction. That
he has given no instructions. made no
intimations. nor threatened anyone
with suit or consequences whatever by
virtue OF any Interpretation that might
be made or sought to be made OF the
purport or meaning OF said act.
Further. defendant says that as to
the licenses referred to In the affida-
Wits attached to said order to show
cause as having been issued by this
defendant, defendant admits the same
were issued under said act on or about
the dates alleged In said affidavits. save
that as TO the said license No. %. the
same was issued on or about Novem-
bed II. 1901. and this defendant In this
behalf alleges that said licenses were
issued In good faith TO the licensees,
upon receipt OF the license fee pre-.
scribed by said act, and the money 50
received was paid by this defendant
into the treasury of the Territory of
Hawaii. That this defendant has no
power over said licenses to revoke the
same. nor has defendant any power or
control over the police forces of the
Territory. on information and belief
this defendant alleges that the matter
of the legality Of said licenses was re-
ferred to grand jury of this Territory
by the second Judge of the First Cir
cult Court after the issuance of said
,rtunc,fon for tho nurnose az Inyoati.
pntion and ,,cb other nrocaodtpgs .a
on IN Grand turv mich, ,al.o hut as THO
defendant 10 Informed ana haliayas said
grand iurv refusal ia take anv actIon
Ion r'oora th.,.a,, :,
"T,hat since tho issua,co 90 s,id In
junction this defendant has given no
instructiona with reyord 10 saId H.
censee nor made onv intIma,Inns IN
any of the holders Of said licenses thar
the Same would no ravolsod ir haer nr
other manufacture than that made I'm
Honolulu. ar the so-colIea primo bear'
should be sold Inv them That This do
PENDANT has not Threatened onv of tho
holders of said licenses with suits upon
their bonds nor I'm any wav threatened
action against them. nor done any act
or thing to influence said holders of
said licenses to sell primo hoer, only
or 10 restrain said holders of said Ii
censes fran selling haar az other man
uCacture
FINALLY. this defendant aIIepas ,bat
Il has been his wish and nurnosa ia
meet the effect and fulI operatIon az
said Injunction by impllcIt obedience
thereto"
E'oIIov,iro tho raodtro, -, tho o,,a,,,or
the court adjourned for ten minutes
counsel having stated that there was
prnauact Of enr,a fo,,, 10 q ,,,.n,,,,,l.,,,
rnon RECOMMENDING court Judye su,I-
man presented the fol,owinr sttnuIa =
ton.
"In the above entitled cous. f., @,
far as the pendInp contemnt nrocaed =
ings against said defendant 10 CON
cerned II is hereby atinulatod hotwaar
, the above entitled nar,Ies that tho
further hearing of said con,amnt nro-
''Hu'u uhti Tue 'tn oay OF July, l9O2,