The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-04
mo HOPE
IN COURT
receiver Would
Sell kOna at
Auction.
ATTORNEYS SLAVE
OFF PROCEEDING
Laborers Threaten to Destroy
PIantation-No Hope Extended
to Them by Wundenbsrg.

The Kona Sugar Company plantation
appears to be doomed unless il is TAX
en- out of the courts. Receiver Wun-
denberg yesterday applied to Judge
Humphreys for an order to sell the
property at public auction, but upon
the urgent requests OF the parties most
interested in the plantation. a contin-
uance was granted for a short time.
In the meantime the laborers threaten
to destroy the property unless the
steamer leaving for the place today
brings some promise of relief The
manager reports conditions there most
serious. with the japanese on the point
of insurrection, and he begs that some
definite word be sent on today's
steamer, or he will be powerless to
avert the impending disaster, but Re
ceiver Wundenberg gives no hope.
Receiver Wundenberg presented his
application for an order to sell the
property yesterday morning, but it
was not until nearly noon that the in
terested parties received notification
arms when Judge Humphreys set it for
immediate hearing. at 2 o'clock in the
afternoon. The motion was in the fol-
lowing form:
Now comes F. w. Wundenberg. the
receiver herein, by his attorneys. j.
Alfred Magoon and Thomas 1. Dillon
and respectfully shows to this court:
1. That on the 2sth day of Febru-
airy, A. ID. 1902. he filed in said court
his report herein, a copy of which is
hereto attached and made a part
hereof, and to which reference is here
by made.
2. That c. Brewer & Co. had led your
receiver to believe they would in all
probability advance the funds neces-
sary to carry on the business of the
said Kona Sugar Co. Ltd, and to
prosecute the work of the said planta-
ton, and. among other things, com
plete the mill and take off the crop of
cane now growing on said lands, but
that said G. Brewer & Co. have refus-
ed TO advance said funds. and your
receiver has made every effort to OBJ
tain the funds necessary therefor from
other persons without success, and
your receiver believes that il is i'm
possible TO get the funds necessary for
the aforesaid purpose.
3. That your receiver is fully salts
fed that II is necessary for the protec-
ton and preservation of the property
of the said Kona Sugar Co, Ltd. and
the said plantation. that immediate
steps be taken to sell and dispose of
the said property; that delay in COM
pleting the mill will entail a loss of
the present crop OF about 1000 tons of
sugar. which viii irreparably cripple
and injure the said Kona Sugar Co,
Ltd.
4. That IT would be to the best in
terest of all parties to the litigation
herein if the entire property and es-
tate OF the said Kona Sugar Co, Ltd.
be sold at public auction.
Wherefore, your receiver prays for
an order of this honorable court in
structing your receiver as to what he
shall do in the premises.
+. WUNDENBERG.
Receiver Kona Sugar Co. Ltd.
ATTORNEYS OBJECT.
F. w. Hankey. appearing for the
plaintiffs. NJ. W. McChesney & Sons.
arose Immediately and objected to a
hearing of the motion at that time. Il
assume that you have read the petit
ton" said he, addressing the court.
Il object to its consideration at this
lime on It's merits. we nave barely re-
-eived notice OF IL. and here IL is set
-or hearing already. 1 saw Mr.. Brown,
md he had not received copy as yet.
IND other parties are in the same posi-
ion. An order of this kind is of Sc
-ious gravity, and there is nothing in
he petition to show that it is needed
o satisfy any Of the parties to the
I ran he rt1l
lave the concurrence Of all parties. in
Isking that some day subsequent to
his be set for the hearing"
Attorney Dillon. appearing for Mr..
stated that the reason
or the filing of the motion at this
line. was the fact that the steamer