The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-08-05
GEAR WILL GIVE HIS DECISION
TOMORROW.
The Court Appears to Regard the
Charges as Illegal-Oahu Railway
Wants Large Purchase.

Judge Gear yesterday afternoon
heard the evidence i'm the mandamus
suit of Mrs Luning against j. NJ. Riggs
clerk of the fire claims court. There
was a constant Offering of objections
from Attorney General Dole who OBJ
leCted to going into the question of
what the auditor intended to do, or
what the fire commissioners had agreed
with the auditor. The objections were
overruled without argument and Dole
noted exceptions for an appeal to the
Supreme Court.
Riggs testified that the fees amounted
in all to S5,O1725. Attorney Peters ques-
toned him as to how much of it was for
him and Riggs said that on the basis of
his regular salary as clerk he had re-
ceived 1913. The rest was on deposit
to the credit of Chairman Macfarlane,
who wanted to use it to pay the $4,000
borrowed from local merchants, and for
the closing expenses of the court.
Auditor Austin said that he had had
consultations with the commission
about the certificates. They were for
the purpose of facilitating the work of
giving out judgments. The auditor said
that It would have taken him much
longer to get warrants ready, if the GER
tihcate system had not been adopted.
de did not believe, however, that
certificate was necessary to a claimant,
as warrants could be issued on the re-
cord of judgment i'm the commission
books
Chairman Macfarlane testified that
the only purpose Of the certificate was
to facilitate the work of the commission
for the benefit of claimants. As to the
1000, he had conferred with the gov
ernOr when the commission got short,
and the governor had said that the le-
gislature could be asked to appropriate
money to reimburse the merchants who
put up the cash.
Judge Gear thought that this was the
correct view. He remarked that the
governor ought to have called the legls-
lature together to get the money, 50
that the fire claims commission could
keep OH with its work. He stated that
the legislature had appropriated $ln-
600 and as this sum hadn't proved
enough the legislature ought to have
been asked for more. The judge said
he would give a decision tomorrow
morning.
The oahu Railway and Land Com
pany yesterday began suit against john
*. Sumner and Bishop Gulstan, as
trustee for Sumner, To enforce the per-
Torrance of an alleged contract for the
purchase of Honolulu water front land
and water lands known as Kahaohao
and KaholOlOa. 1t is alleged that the
lands We're leased to b. f. Dillingham;
and Mark +. Robinson for 80 years al
5000 per year, with an option OF puf-
chase for 100000. The lease was as
signed to the Oahu Railway company,
and the company last month rendered
500, 900 to Bishop Gulstan who refused
to accept it and execute a deed. The
court is asked to compel the defendant
to carry out the contract.
In the case of Bishop and Company
VS.. w. H. Pain a motion was made
yesterday by Attorney Creighton 10
strike the complaint from the files be-
cause the new rule of the court, requir-
ing attorneys to endorse their names on
papers filed, had not been complied with.
Stanley. for the plaintiff, contended
that the rules of the court We're not
binding anyhow. not having been made
by majority Of the circuit judges, as
required by statute. Judge Gear held
that the judges had a right to make
their own rules He ordered the sum-
mons quashed but gave leave to amend.
Wo Sing & Co. have entered suit
against the Oceanic Steamship Com
pany for S471 so, said to be the value OF
a box of goods plaintiff failed to de-
liver 1t is alleged in the complaint
that ON October II, 1901 plaintiff de-
| livered to defendant l40 boxes of goods
which We're taken on board the Ala
media, and though a reasonable time
has elapsed but lS9 boxes have been
delivered to plaintiffs.
Ella A. g. Long has been admitted 10
practice by the Supreme Court. He is
a native Hawaiian, a gradute OF
Georgetown University, and is broth
er of Carlos Long.