The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-10-17
MACON HAS
4 SURE GRIP
Becky Panee Must
Remain in His
Care.
HAGEY CURE DID
HER NO GOOD
Supreme Cour. Gives Magoon
Control of Ward Who Saw
Wright With Him.

The Supreme Court yesterday revers-
ed the decree of Judge Gear in the
guardianship matter of Rebecca Panee
Humeku, and Becky must now remain
under the care and control of ]. Alfred
Magoon. the professional spendthrift
guardian.
The Supreme Court in an opinion by
Justice Perry says in it's syllabus that
After an adjudication by a court of
competent Jurisdiction that person is
a spendthrift within the meaning of
the law, and the appointment of a
guardian, the presumption is that the
necessity for the guardianship contin-
ues until the contrary is shown.
Upon the evidence in the present
case, held, that this presumption has
not been rebutted."
The court holds that an application
to set aside the original adjudication
made eight years after the order at
tackled, comes with but little force.
It further says that the presumption
is that the necessity for the guardian
ship continues until the contrary is
eborr,,, 1nT1,. 1r,ard n, tbie inctaDoa ha c
not shown that the guardianship is no
longer necessary" says the court. "On
the contrary, the evidence before us
clearly shows that she had not prior to
the filing of this application reformed
as to her habits of drinking and that
she was until then addicted to the ex-
cessive use of intoxicating liquors. 1t
appears that in 1898 she underwent a
certain treatment, known as the Hagey
Gold Cure, intended to cause the desire
for alcoholic liquors to cease, and that
for a period of about one year she alb
stained from the use of such liquors.
however, as clearly shown
by the evidence, she relapsed into her
former habits and drank excessively.
Upon the evidence, we are satisfied
further, that by reason of excessive
drinking the applicant would, if the
guardianship were terminated, so
spend, waste and lessen her estate as
expose herself to want and suffering.
The continuance of the guardianship is
necessary
The court refers also to the deed of
trust made by Becky to the Hawaiian
Trust Co, which it says does not pro-
tect her from herself or prevent her
from squandering her estate. If re-
vocable the ward is not protected from
her own improvidence, and if irrevoca-
BILE there is still no protection, the prin-
cipal having already been given away
and she could also sell the income If
she so desired.
The court concludes: IF the condi-
ton of the wards property and the in
come thereof are such as to warrant
or to require as matter of justice the
allowance to her or for her use of a
larger sum at stated periods than she
has hitherto received from the guard
ian, or if the guardian has been in any
way remiss in the performance of bis
duty, those are matters which may be
adjusted or remedied by the Circuit
Judge in Probate upon proper applica
ton.
1.-THE decree appealed from is re-
yersed and the cause remanded to the
Circuit Judge for the entry of de-
cree denying the present application
and for such further proceedings as
may be proper"
Justice Galbraith writes concurring
opinion, in which he says:
while do not view this statute au-
the appointment of a guardian
for a spendthrift with any degree of pride.
l am not prepared to state that it does
not answer necessity, and perform
useful purpose in this territory.
"A number of differences may be made
from the record in this case, among
which may be enumerated the following.
to-wit: I'D That the ward is person
without business capacity, or a proper
sense Of the value of money or property;
20 That she has well developed taste
for strong drink and disposition to
crafty it on slight provocation; CD That
she is a spendthrift within the terms
the statute; "a That there are number
of persons who are willing to assist her
in the management and dissipation of her
estate; t5) That the estate has been pru-
deEtly managed by the guardian and no
So tisfactory- reason given for the termin
alton of the guardianship; cd That the
interests of the ward and her estate de-
mand that the guardianship should con-
tinue under the protection of the probate
court; ca That while the ward has not
been provided with a house in keeping
with the value of her estate, this neces-
sity can be as well met under the guard
ianship as by its termination. For these
reasons I concur in the. conclusion and
Judgment announced in the foregoing
opinion"