The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-02
DUNE ASKS
4 BIG FEE
Wants $1,000 for
Work in Parker
Case.
DEED CASE IS IN
A NEW TANGLE
Judge Humphreys Declares Law
on Appeal to Chambers
Is Unconstitutional.


J. T. Dunno. whom Judge Humphreys |
appointed to represent Annie t. K.
Parker in the appeal from his decision /
to McBryde bonds. yesterday |
filed an application for attorneys fee
of $1,000 for services in connection with
the case.
This is the case in which the First |
Judge disapproved the investments
made by Alfred W. Carter, guardian of
Annie T. K. Parker, in MeBryde bonds
to the amount of s26 $50; $4,000 in Waia-
lua bonds and $500 in Oahu Railway
bonds Garter appealed from Humph-
reys' order, and then the judge APP
pointed Dunno to represent the ward
in the Supreme Court.
Dunno, in his application to Judge
Humphreys for fee, says;
Petitioner further shows that the
oral argument of said appeal consum-
ed one and one-half days of said courts
time and that your petitioner fully par
ticipated in said oral argument, and
occupied three hours in presenting the
cause pursuant and in obedience to the
order OF this court appointing your pc
titioner said guardian ad Item.
And in addition thereto, and in the
further performance of your petition
ers duty as such guardian, your petit
toner filed in said Supreme Court in
the matter of said appeal, a written
brief of rs pages. in which the matters
of feet and questions of law in said
appeal were fully discussed.
Your petitioner further shows that
said appeal involved a mixed question
of law and fact.
THAT the facts involved We're num-
erous and the issues of law We're diff
cult your petitioner does not believe
will be disputed. And your petitioner
believes that a fair and reasonable
expended would be the sum OF one
thousand dollars"
Judge Humphreys has set Saturday
as the day for hearing the petition.
AMENDED COMPLAINTS.
Amended complaints Were filed yes
terday in the cases of e. L. Hunter ct
AL VS.. John NJ. Dowsett, and in the case
of C. A. Long vs. T.. G. Marfarlane ct
al The first case IS that in which An
ma Widemann Bruno claims that Dow
| sett fraudulently retains possession of
1 her property. The second suit is that
of the Hogan troupe against the hui
which brought the Ministries here.
ENDED IN A f'IzZLE.
| The case of Kaninlu VS.. kalai, suit
| to set aside a deed which has been
raging before Judge Robinson for over
| two weeks, came to a sudden stop yes
terday after the case was thought to
have been closed. 1t viii probably be
| necessary to try the wearisome suit for
| the second time. After both sides had
| closed their case yesterday morning
and both attorneys were ready for ar
| gument, Attorney Peterson offered TO
| the court three deeds of the property
the defendant to her three children.
| The deeds We're dated a few days prior
| to the commencement of the suit. At
torney Robinson objected to the offer
| ing and said that the defendant was
barred from a showing. having admit
ted on demurrer and in the answer that
] she owned the land. He contended
| that the leases should have been offer
| ed 8 the time of the commencement of
! the suit as bar to the action of the
plaintiff, and asked leave to amend the
petition so as to include the present al
legged owners of the land. Judge Rob
inson allowed until next Tuesday to
amend the complaint, and it is prob
able that the case will not be heard
then. but viii be tried for a second
time later. AS the first trial required
IS days. there is not a very pleasant
prospect in wait for court and attor-
neyS
HOLDS LAW IS UNCONSTITU-
TIONAL
Judge Humphreys yesterday, in dis
missing the appeal of plaintiff in the
case of Kennedy vs.. Reynolds declared
the law permitting appeals to Circuit
Court at Chambers from District
Courts was unconstitutional. He baS-
ed his decision on the seventh amend
me3lt and holds that in all cases where
the amount involved is more than $40
the parties are entitled to jury trial
by virtue of the United States consti-
tuition. This is barred by an appeal to
Circuit Judge in Chambers, but is per-
Missile on an appeal to the court it
self which may summon a jury.
THRUM'S WILL FILED
Tie will of the late George e. Thrum
was offered for probate yesterday by
his father, T. c. Thrum, who is named
therein as the executor. The estate
consists of real property on Hawaii and
in Honolulu. and of personal property,
the value of which is given as S4400-
The property is divided equally among
the brothers and sisters and parents of
the deceased. excepting a lot of land
at Kamaiki, Hawaii, which is devised
to a brother, Frederick w. Thrum. The
viii is dated May p, 1898.
CLAIMS ARE BARRED.
Robertson & Wilder. representing the
Territory in the fishing right cases.
have entered plea 10 jurisdiction in the
suits of J. NJ. Monsarrat and L. l.. Nc
Candies, who filed their claims June
14th The defendant asks dismissal
for the reason that said cause was not
fled within the time allowed by Sec
ton IS of the Act of Congress Of the
United States OF America approved on
the 30th day of April 1900"