The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-20
WANTS HIS
LIBERTY

A writ Of habeas corpus was issued
by Judge Estee yesterday for the pro-
duction Of the body of Leong Sal in the
United States Court tomorrow morning
at 10 o'clock.
Marshal Hendry served the writ upon
Collector Stackable at noon. The petit
toner alleges that he was born in Ma
noa valley. October 21st, 1852, and that
he is a resident OF Honolulu.
His father. Leong Chun. is dead and
Wong See. his mother. now resides in
Lam Long. Province OF Canton, China
on July % 1901. Leong Sal departed
for HongkOng. returning here January
18th. 1902. on the China. Permission to
land was refused by Collector Stack
able and the Chinese has been detain-
ed at the quarantine station up To the
present time the collector threatening
70 deport him on the Coptic. Petitioner
says his residence is at the Hawaiian
Annex. and alleges he is illegally re-
strained of his liberty.
HAMANO APPEAL SUBMITTED.
The appeal of H. Hamano was again
before Judge Estee yesterday morning,
and an attempt was made by Colonel
Fitch to have the hearing resume its
former status. as regards the taking
OF evidence. This the court refused to
do. and the question of the right of the
petitioner TO appeal upon a matter
which had not been raised originally in
the protest to the collector. was sub
mitted without argument. Judge Es-
tee took the matter under Amusement
IN SUPREME COURT.
The Supreme Court reversed the Cir
cult Court in the case of ]. NJ. Vivas
vs. Mele Akoni yesterday. The suit
was for an attorneys fee of $50 and the
Circuit Court refused to set aside
Judgment obtained by default in the
District Court. In the opinion, written
by Justice Perry. this is held to be an
abuse of discretion.
In the case of Kau Ting Kee VS.. YIN
You the Circuit Court is sustained in
it's refusal to permit the substitution of
concern which had been out of ex-
istence for sixteen years for defendant
The court in the syllabus held:
while the statute permits amend
ments to pleadings in any matter or
mere form or by adding or striking
out the Iame of any party, or by cor
recting Il mistake in the name OF a
to amend a declaration by inserting the
name of one or more persons in place !
Of that of a sole party defendant, the /
effect OF such an amendment If grant /
ed being "A charge or substitution of /
parties defendant
Both opinions were unanimous, and /
were written by Associate Justice Per-
ry.
IN CIRCUIT COURT.
Judge Humphreys held brief ses-
sion OF court yesterday afternoon,
though not entirely recovered from his
recent Illness Judge Gear and Judge
Robinson both heard probate matters.
M'BRYDE BONDS AGAIN.
An order was made by Judge Hum
phreys yesterday approving the ac-
counts of the master. +. VI. Watson. in
the guardianship of George Ii Brown
and Francis Hyde Ii Brown. The
guardian is allowed an increase from
$50 per month to 800 per month each
for the maintenance and education of
the minors.
The Investment of $3.50 in two Nc
Bryde Sugar Company bonds lis mel
Their approved nor disapproved. but the
same is taken under Amusement.
COURT NOTES.
The bill of exceptions has been allow
ed in the Kahilina divorce case. The
appeal is by the libellee from the
courts decision resembling the order
allowing $1,000 alimony to the wife of
Senator Kahilina. II
Frank S. Dodge has been appointed
guardian of the Dodge minors.
a. s. Cleghorn has filed motion for
order to show cause directed to w. r.
Castle for refusing to turn over certain
land of the estate of Antonio Philip.
j. d. McVeigh and NJ. 9. Amana We're
sworn as deputy assessors YESTERDAY
In the case of c. a. Long VS.. III. Ar
mitage ct al, motion for default and
judgment have been made by II. Armi-
tage, w. Lucas and w. H. Cor4weN
This is the season when death stalks
the land in the form OF pneu-
The SI1reSf defense against this