The Hawaiian gazette., 1902-03-04

HI q. s.af iaHH aF
HNNuFl $40
t H.HI tt 'nr "a
i f.HIHfHF rf.tf ih.
fN rIt. f.t iHIfIs
.H.Hr iHtf.h Uf.f fhr Haiitf
I a fnfIiHE II tfH petition uhlUh
would relieve thU H'iuHi0n.
WuHfrHlUre mId "WU have tthAusf
tI Itrr mlrra In Honolulu uf OBJ.
tH.n.Us financial nId und % ls au utter
Wn biIiy uH $50 tatr visited tttrt
bunk ard rtUiY peffHn having mon.
~ - thD report Uf thH receiver
shows. be- visited the plantation with
n representative ~ ilreWpr A Go. and
be- reported uufaturahiy. which MAX p
10 impossible Co borrow funds This
property has been hanging by the eye
llds. as ID were, Tor months. and Dc u
"a mystery how big corporation Ike
this managed 90 run as long ne 70 has
been running without paying Nj. Ia
Dor The lahorrrs ARE now iu a state
81 Instruction. and are making threats
against the property As this motion
stands now the simple statement OF
these parties that they want to get to-
lher By insufficient They have had
weeks 10 prepare FOR this action. and
should have been ready to meet IT, A
receiver. and u these men set fire to
the cane. as they threaten to do. or
commit other depredatlons. IL would be
laid at his door The only natural So
luton is To dispose of the property at
the earliest possible moment t. some
one who is Interested, and would con-
duct the property so as to satisfy all
parties. Mr. Wundenbcrg has been in
constant communication with all par
Of tsaFa tNI h. Iux h. ..
kept advised as to what course was
to be taken and there is no necessity
for delay. and delay win not help the
plantation"
Mr. Hatch. appearing for the defend
ants, sad that he Joined with Mr..
Han, ey in motion for a continuance.
He characterized the motion as "A most
extraordinary proceeding on the part
of the receiver. who he said was ap-
pointed to conserve and protect the
property, and that II could not be sold
unless II was to meet a money judg-
ment. The receiver was given pow
er to borrow money to keep the plan
tation together" said Mr.. Hatch. land
now to bring the parties into court ON
such short notice ard ask "A sale of
the property without giving them q
chance 20 consider ii on it's merits is
To says the least. extraordinary. 1t is
NtIltAlll lidl IL Sdl- Cpul1 lltl We lllaut'
today, even upon an order Of the court
and with the consent OF all parties"
CONTINUANCE is GRANTED.
Judge Humphreys granted the motion
for a continuance, stating that the re
ceiver had been appointed to conserve
the property This is something OF
the nature of an assumpsit suit" said
the court; the plaintiff creditors claim
large sums by reason OF a contract
with the Kona Sugar Company 1t
seems to me an order of sale without
giving the time to hear the motion on
its merits, is unwarranted and unnec-
essary, and would be something like
issuing a writ of execution before the
judgment is granted The petition, it
is true shows that the employees are
insurrectionary, not having been paid
for months, but the allegation of their
tempestuous and turbulent disposition
is not clear. | think the plaintiff and
the defendants in this case are those
most vitality Interested in the preserVa-
ton of the property, and they have be-
spoken an unwillingness to have the
motion heard at this time. l doubt not
but what the receiver from his inves-
tigation, is convinced that the best
course to pursue is the one recon-
mended by him, but yet to grant ii
summary upon six hours notice. and
in face of the opposition. would be an
unauthorized and arbitrary course to
pursue. The receiver is the mere judi
cial caretaker of the plantation. The
motion for a continuance will be al
lowed at this time"
Receiver Wundenberg, after the or
der of the court had been made, stated
that in his opinion the action would be
disastrous to the plantation, as some
thing definite was Immediately neCes-
sary, II shall simply write Manager
CoWan tomorrow of the proceedings in
court" said he, though the letter
cannot do aught but inflame the labor
ers who are apparently about to dam
age the plantation property. The
whole question appears to hinge upon
the attitude of these Japanese labor.
ers, who cannot understand the .itua-
ton. | have sent up $1,000 worth of
provisions, and they should have suf-
flcent to last tor month, but they
took all they could get at one time.
They Will not take off the cane until
they have received their money now
due, and will not allow anyone else to
do so. ALI eady $500 has been spent
and | do not feel justified in expanding
any more. even though l could Dor
row the remainder of the $4,000 which
Judge Humphreys authorized me to
borrow. to pay the immediate expenses
/ cannot tell Manager Cowan anything
definite yet and ne will have to dc
the best he can until the people here
decide upon some course. | do not see
what can be done here though, and ]
feel that the delay will be disastrous
to the plantations interests. / would
Fave liked to see the plantation con-
tinued, but there appears to be no one
| willing to lend money, after the re-
port made by Brewer & Co.'S agents"
LIEN FILED BY WHITEHOUSE.
Added to these other troubles, came
a notice Of lien of material men in the
sum of S2S ,09S 90, filed by l.. NJ. White
house. This amount is claimed for the
construction. of 12,100 feet of railroad
track for the Kona Sugar Company,
and fer the labor and material fur
nished in grading and forming the line
of the railroad.
A PRINTER GREATLY SURPRISED