The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-08

aforesaid: that IL said order is made by
the receiver the result will be the de-
parture from the said plantation of the
laborerS, and your affiant believes,
the impossibil.ty, in the present condi-
ton OF the labor market, OF securing I'M
der any circumstances labor to harvest
or preserve said crop; your affiant fur
Their saith that IL is his information and
belief that If this action continue in
court IL will be impossible to harvest,
preserve save for the benefit of plain
tifs or the defendant or the creditors
of said Kona Sugar Company, Limited,
defendant. any of the crop of sugar now
growing, and that the present condition
of the money market is such that it, up
on the hearing of the issues in this ac-
ton, or before or afterwards, the prop
erty or assets of said Kona Sugar Com
pany. Limited, defendant, are sold at
a forced or public or private SALE the
plaintiff, defendant, bondholders and
creditors, will be unable to realize any
appreciable proportion of their just
claims. and that those creditors who
have preference by reason of being hold
ers of bonds will be advantaged thereby
beyond plaintiffs and all other creditors
OF the said Kona Sugar Company, Linn
tied; affiant further alleges fom his own
knowledge and wish that the complain
ants are willing and hereby express their
Willingness, to waive and release SO far
as this section Is concerned, any and
every equitable or other right or claim
of right to lien or preference upon the
growing crops or other property OF the
said defendant, the Kona Sugar Com
pany, Limited, for or on account of any
advancements or Indebtedness whatever,
save and except such as may be repre-
scented by bonds held by the said COM
plainants, and concerning this action as
to all claims of whatever nature, char
acter or kind: and afIiant further says
1fssaI nv.
plalnants in good faith and amicably for
the purpose OF protecting and securing
the interests and rights OF the complain
ants and OF the said defendant and of all
of the creditors OF said defendant; that
at the time the said action was commenc-
ed and prayer and motion presented
for the appointment OF a receiver il was
understood and believed and relied upon
by the complainants that the requisite
means to carry on the plantation pre-
serve the growing crop and hnauy upon
the determination of the issues in this
said defendant available for such proper
and equitable distribution as might be
decreed by the honorable court, would be
provided; that thereafter and AFTER the
OF receiver herein. and as
affiant is informed by the report or said
receiver and otherwise. and therefore be-
lieyes and alleges to be the fact. after
every effort was made by the receiver
to procure funds or make arrangements
by which the growing crop of sugar
might be harvested and saved. and the
integrity of the said kona Sugar Com
pany Limited. ultimately maintained.
the receiver was, is, and will be. unable
10 accomplish any OF these things; and
your afiiant further alleges that he veri-
Iv believes that If this action be con-
tinued in court under such circumstances
and such limitations upon the powers
and abilities OF SAID receiver. the loss OF
the assets Of the said defendant. the
Kona Sugar Company, Limited, VIII De
absolute, and the just and equitable as
posftion OF the court OF equity 10 the
and distribution OF the as
sets OF said corporation, defendant,
thwarted by circumstances herein set
forth. and not anticipated or surmised
by the cOmplainants at the time TINS &C
ton was brought; your af1ant iurtner
alleges on information and Dehet that IL
this action be discontinued under the
terms of the motion prefiNed hereto the
will be able through the
aid and assistance OF creditors OF the
said Kona Sugar Company, Limited, ana
other persons well disposed toward the
preservation and rehabilitation of the en-
ferprise represented by said kona Sugar
COMPANY. Limited. TO pay. within such
tfr,1e a. may be ordered by the court, the
expenses and fee Of said receiver, TO
transmit to the plantation of the SAID
Nona Sugar Company, Limited. supplies,
money and assurances. that VIII keep the
aborsrs upon the property, bring about
-Hs harvesting and saving of the present
crop Of sugar. and ultimately result IN
he satisfactory liquidation of all claims
AGAINST the said Hona Sugar Company,
Limited. and the continuation Of the en-
.erprise thereby represented; and your
iHaut. believing fully and absolutely n
The Cisuos ton OF the receiver 10 90 an
mat can be done, and that every order
necessary, proper and useful 10 such