The Hawaiian gazette., 1902-02-21

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i fliuml t1 t1id nshUrt SWING pulii
uuiire uf tte bind ana description M
iht nfh Fn chosen ana also she rFht
ln UHu 90 setting apart SOME unftlrnt
. isf nsh Tor bic exclusive use 40 mo
hIbit. upon concentration with the ten.
ants uf hlo lands all fishing upon the
/ fishing grounds during certain muuihs
Uf the year. aud during thn fishing
season. 90 exact from each hsh' fuan
one third Of an the hsh taken upon
said Hshing ground
/ The plainiin also claims vrsscd
/ right aE owner in Zee simple ~ the
sea fishery within the reef
wUNDENBERG GIVES BOND
I FREQ wundonberg yesterday nled his
bond uf $4,000 as receiver FOR the kona
Sugar Company His sureties are Al
tan Herbert. J Alfred MaEoon. = q.
Allen and J. \. McCandless. The bond
was approved by Judge Humphreys
COURT NOTES.
=. J. Farley. as master filed his re-
port yesterday upon the accounts of
the administrator Of the John d. Costa
estate. The master recommends that
the administrator be ordered to file a
statement of the real property of the
estate FOR which ne received $3.50 I'm
rents. An uneNpended balance of ST.
g23 3S is shown
In the suit of GehrnE and Butzke VS..
w. w. Ahana, yesterday, "A stipulation
was filed allowing judgment for plain
tiff i'm the sum of S2.9S3.
DEGREES were signed by Judge Hum
phreys yesterday i'm the Fernandes and
Arraial divorce cases.
G. 4. Long as master, approves the
bond OF +. A. Schaefer. administrator
of the estate of Samuel Johanwitz.
A motion to set aside the decree in
the liquor case is the latest move in
the local beer fight. The motion was
filed I'm the United States court yester-
day and will be heard by Judge Estee
Monday morning. In the meantime
nothing further is being done as re-
CARDS the Primo beer saloons in opera
| ton, though some action Will probably
be taken very soon. There was "A con-
ference yesterday between Judges Es-
! tee, Humphreys and Gear, and 1t is
possible that it may have to do with
| the status and force of Judge Estee's
decision declaring the $3.50 beer license
law unconstitutional
The following are the objections made
by the defendants to the decree nled in
| federal court yesterday, and which will
be presented upon "A motion 10 set aside
| the decree:
MOTION TO NACATE DECREE.
Now comes the defendant William II.
Wright, as Treasurer of the Territory of
| Hawaii. and moves the court to vaCate
and set aside the decree heretofore en-
tered herein on the following grounds:
l. That the court ought not to have
entered decree in the above entitled
cause against the defendant as Treas
urer of the Territory of Hawaii, mas
much as said suit l. in effect one against
the Territory of Hawaii and not against
| the defendant.
| g That the court ought not to have en-
tered decree in the above entitled cause
/ because II was clear upon peadings and
proofs that the plaintiffs had an ade-
quate and complete remedy at law II
they were suffering any injury by rea-
son of the matters complained Of
|
entered "A decree in the above entitled
cause because upon the pleadlngs and
proof the plaintiffs were not shown to
have suffered any injury by reason OF
the matters complained Of.
| 4. That the court ought not to have
entered a decree in the above entitled
cause because upon the pleadings and
proof the plaintiffs did not appear to
have any interest in the matters com
/ planned OF.
.. That the court ought not to have
! entered decree in the above entitled
cause in as much as upon the pleadings
and proof the plaintiffs did not appear to
have suffered any loss or damage by rea-
son of the matters complained of.
! q. That the court ought not to have
entered a decree adjudging that Chapter
iG of the Session Laws Of 1883. now part
T. sections 479-iSj inclusive. OF Chapter
Il of the Penal Laws of the Hawaiian
Islands, 1897 and every part and section
thereof, are wholly unconstitutional. null,
void, inasmuch as the court has no juris-
diction to repeal or annul by a decree
any law or portion of "A law.
! Z. That the court ought not to have
entered a decree enjoining and restrain
ing the defendant as Treasurer OF the
Territory of Hawaii and his successors
in office. from doing any thing or act
under Chapter As of the Sessions Laws
of 1858, I'm that the court has no jurlsdic-
tion over the Territory of Hawaii or any
Of the duly appointed officers thereof and
their successors in office.
s. That the court ought not in any
event to have entered a decree on the
basis that the law was unconstitutional
and void. and that I'm no event Were the
plaintiffs entitled to decree based upon
any more favorable or far reaching md
ing than that certain portions OF the law
were in conflict with the provisions OF
the Act to provide a government for the
Territory of Hawaii, and therefore in
operative
3. That the court ought not to have
entered n decree in this cause awarding
judgment against the defendant as
Treasurer of the Territory of Hawaii,
and therefore I'm effect against said Ter
ritory of Hawaii, for the costs OF the
suit
| 10. That the court ought not to have
entered "a decree ordering execution to