The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-09-15
NEW WRINKLE IN THE
LOCAL DIVORCE
COURTS
CAN THERE BE SERVICE BY
PUBLICATION IN SUITS FOR
DIvORCE?-THERE MAY BE UN-
CONSCIOUS BIGAMISTs.

A new legal wrinkle in the matter OF
divorce has just been sprung In the cir
cult. 1t win be taken at once to the su-
pleme court, and IL that set of jurists
cannot find some means of smoothing
1t out, there is no way by which SER
vice of summons in divorce cases can
be made by publication in this terrific
ry, and all divorces procured here on
service by publication are Illegal. It
may therefore be that quite a number
OF unconscious bigamists are moving a
bout in the country.
The puzzling proposition was sprung
by Phillip L. Weaver in the divorce
proceeding of Franc Robbins winslow
VS., DR.. Herbert e. Winslow. DIR. Wins
low skipped out some time ago, and
his whereabouts are unknown His
wife hegar proceedings for divorce. and
under the circumstances, service of
summons by publication was neces-
sary. This the statute, section 1888 of
the civil laws provides shall be accom-
plished by publication sin the Govern
ment Gazette and Ke Au Okoa at least
six times"
Heretofore no one seems to have
looked on this as presenting any diff
tculty. But a divorce to be valid must
follow the statute in all its proceedings
and the question arose What is the
Government Gazette and Ke Au Okoa"
Judge Gear first entered an order di-
recting publication of summons in the
Evening Bulletin, but when it was
pointed out that this was not "the Gov
ernment Gazette and Ke Au Okoa" he
revoked that order. Attorney Weaver
then filed afiidavits by w r Castle and
ii. NJ. Whitney, setting out that there
never was a paper published in Ha-
wall by the name of the Government
Gazette, but that in the sixties the gov
ernment did run a paper called the
Hawaiian Gazette" published in Eng
llsh and Ke Au Okoa published in Ha-
walian That these were considered
government gazettes and We're the pub
lications had in mind by the members
of the legislature which passed the sta
tute in question. The Hawaiian Gaz-
ette was Afterwards sold by the gov
ernHlent 10 H. NJ. Whitney and has ever
since been published. Ke Au Okoa was
merged in the native paper called
huokoa' and for long time both
names were used On the basis of
these afiidavits it was claimed that the
Hawaiian Gazette and the Kuokoa are
the papers referred to in the statute,
and that publication of summons in
these meets the requirement of the
statute. But to get a decision of the
supreme court on the subject, Judge
Gear revoked his order for publication
his two orders on the subject being as
follows:
After due consideration l have con-
cluded that there is now no provision
for publication of divorce summons and
the within order is therefore annulled."
Application refused as the statute
must be strictly followed and no Gov
ernment Gazette or 'Ke Au Okoa' are
now being published"
This passes the buck up to the Su-
preme Court which is now called on to
decide whether or not it is possible to
comply with that statute, and If it
isn't that there is now no way by which
service of summons in divorce cases
can be secured by publication. If this
conclusion shall be reached no hus-
band or wife who is deserted by the
other leaving this territory can secure
a divorce in this territory. ..