The Hawaiian gazette., 1902-03-04
No HOPE
N CULT
Receiver Would
Sell kOna at
Auction.

The Roma Sugar Company plantation
appears 20 be doomed unless u liz tab
IN nut ~ the courts. Receiver Wun-
denberg yesterday applied go judge
Humphreys for an order 90 sell The
property al public auction. but upon
the urgent requests VI the parties most
interested In the plantation. a Contin-
uance VAS granted for "A short time.
In the meantime the iaborers 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 win be- powerless 10
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 1t
Was not until nearly noon that the in
terested parties received notification
of the motion, and they were up in
arms when Judge Humphreys set it for
immediate hearing, at ? 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 |. Dillon,
1. That on the 2Sth day Of Febru
airy, A. ID. 1902. he filed in said court
his report herein, copy of which is
hereto attached and made part
hereof, and to which reference is here
by made Sipl
2. That c. Brewer 6. 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 d 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 it is i'm
possible to get the funds necessary for
the aforesaid purpose.
3. That your receiver is fully salts
fled that 1t 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
peting the mill Will entail loss of
the present crop of about 5000 tons of
sugar, which will 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 IL 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. Z
- ' r. wUNDENBERG,
Receiver Kona Sugar Co, Ltd.
ATTORNEYS OBJECT.
+. W. Hankey, appearing for the
plaintiffs, M. w. McChesney & Sons,
arose Immediately and objected to
hearing of the motion at that time. Il
assume that you have read the petit
tion," said he, addressing the court.
Il object to its consideration at this
time on its merits; we have barely re-
ceived notice of it, and here it is set
for hearing already. l saw Mr.. Brown,
and he had not received copy as yet,
and other parties are in the same posi-
ton. An order Of this kind is of Sc
rious gravity, and there is nothing in
the petition to show that it is needed
to satisfy any of the parties to the
action. i represent the plaintiff. and
have the concurrence of all parties in
asking that some day subsequent to
this be set for the hearing"
Attorney Dillon, appearing for Mr..
Wundenberg, stated that the reason
for the filing OF the motion at this
time was the fact that the steamer
left today (Tuesday), and from a let
ter received by the receiver. from
Manager Cowan, Saturday evening.
he thought that haste was necessary
in order to subserve the interests of
all parties. He read this letter to ths
court, as follows
Holuloa, Feb 2S. 1902.
F. Wundenberg, Receiver, Kona Sugar
CO., Ltd.
Dear sir-The supplies you furnished
from Hackfeld g. Co will be all gone
by the time the Mauna Loa returns
here, March 9Th. The mechanics. as
well as all the labor, are very anxious
about the result of your visit here, and
wish me to give them an answer at
once of how they stand. and if their
back pay is going to be paid to them.
l can't say what will be the result if
their money is not forthcoming soon.
They are really very serious about it,
l assure you, and mean to have their
rights. L hear of course all sorts of
rumors of what is going to be done.
The Japs are holding meetings. / sup
pose they are discussing the situations
you. see numbers OF them now travel
ing the government road back and
forth. They are no doubt making
their plans. 1 am more impressed
than ever that the men will not allow
a stick of cane to be cut until they are
settled with in some way. Now sup
pose you cannot get the necessary coin
to carry the plantation, and you send
up word to shut down everything,
what are those men to do? They have
no money and no credit, and cannot
get away. The mechanics are in the
same fix. l viii therefore ask you to
send up at least $1,000, so that ! can
support the men until they can get
away and pay them few dollars for
immediate use. Ever since you left
there has been n continuous clamoring
of what is going to be done. / have to
give every man statement today of
what is due him. They came to me
in body and demanded this. / have
tried to get some information out of
the Japs but cannot learn anything
| think their Consul should be asked