The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-05-24
RAILS MUST
Be REMOVED
The Tramways Co.
Is WOrsted
Again.
CRIMINAL CASES
BEFORE ROBINSON
to Supreme Court is Taken
in the United Chinese
Society Case.

terday decided the case OF J. H. Boyu
Superintendent OF Public Works. VS..
Hawaiian Tramways Co. and W. III.
Pain In favor OF the plaintiff. He said
that ne believed the case OF the Rapid
Transit Co. vs.. the Tramways had not
been decided right, and that had IL
been brought before him originally he
would have decided IL differently. He
Intimated also that this case would
have been decided in favor OF Pain.
but that the defendants attorney had
stated that the decision OF the Supreme
Court was binding and he would there
fore not question the authority.
THE court Is at a loss" said Judge
Gear ito understand why the defend
ant came into this court. the defend
ants attorney admitting that the court
ifs bound by the decision OF the Supreme
Court in a former case. The girder
rails were laid on the supposed au
thority OF the Minister of the Interior.
and not by the permission of the Legis-
lature. 1t appears beyond dispute that
the rails laid are not being used for
the running of the tram cars. and there
Is nothing 10 do but to grant the prayer
of the petitioner. 1 will state. however.
that I think 1 should not have de-
| cided the first case in the way IL was,
had II been brought before me origin
ally"
KUNST-PAIN CASE.
Judge Gear also overruled the de-
murrer and plea in bar in the case OF
Gustav Kunst. assignee OF Bishop &
| Co, VS.. w. II. Pain and Mrs Elise
Neumann. executrix. and gave the de-
PENDANT ten days TO answer. Mrs. Neu-
mann set up upon demurrer the fact
that no claim had been filed by plain
4 r.sas III
her husbands estate. The court held
that this suit was not for foreclosure
OF mortgage. but to enforce judgment
and that Mrs. Neumann's interest in
the property was subject to the lien
OF the judgment. The demurrer was
overruled and the court held that II
was not necessary to make a claim on
the estate. when II was simply sought
to put into effect the decree already
made.
| KAHANU'S WILL SET ASIDE.
Judge Gear rendered decision yes
terday setting aside the will of David
Kahanu. who left property worth $4,000
&c Kaialaiki. a native woman, and her
husband. who were mere acquaintances
The contestants are the widow and son
OF the deceased. and were cut off with
out penny. The court held that IL
was incumbent upon the proponents to
| show that no undue influence had been
| exercised upon the testator, and this
had not been proven. The court stated
further that the evidence showed that
Kahanu had wished to make some be-
quest TO his wife and son, which was
not done. The will was declared null
and void and the probate denied. This
would throw the property to the rela-
| tives. who are the widow and son
David. cutting of Kaiaiaiki entirely.
sENo ACQUITTED.
seno. a Japanese woman who was
accused OF stealing a pearl stone pin
from Fannie Merton. was acquitted by
n jury In Judge Robinsons court yes
| terday afternoon.
| ToDAY'S BUSINESS.
Three divorce cases are set for trial
i before Judge Robinson this morning
In the afternoon regular jury business
| VIII be taken up. criminal case being |
set for trial. Next week Judge Humph- |
reys will sit In chambers.
a VERDICT OF GUILTY.
Yesterday morning the jury returned
verdict OF guilty In the case OF John
Waiahao. charged with stealing a ten
dollar pair OF gold cuff buttons from r.
wyliie Davis. The defendant had al
ready been In prison six weeks and SEN
fence was suspended until the August
term of court.
CHINESE APPEAL.
Formal notice OF appeal was fled yes
terday in the case OF Territory OF Ha-
wall vs.. c. X. Al ct al. This is the
United Chinese Society suit In which
Judge Gear found in favor of the Bow
Wongs.
COURT NOTES.
The Pail divorce case. assigned to
Judge Humphreys by Judge Robinson.
has been reassigned by the former to /
the third Judge.
A plea OF abatement has been filed in :
the case OF Hoffman and Riley vs. j.
II. Fisher. foreclosure OF mechanics
lien Defendant claims that the COM
plant is Illegal and irregular and does
not comply with the law. and asks that =
IL be quashed.
A mechanics lien for $3.50 was fled
yesterday by Hackfeld & Co. VS.. ].
II. Fisher.
The annual account OF August Ahrens
and F. w. Macfarlane as guardians OF
George Richardson was filed yesterday.
The income for the past year was ST.
445.Sf. and the disbursements ss26s. oa.
leaving n balance for the year OF q
ss17s.si. The inventory shows securi- +
ties held by the guardians amounting
TO s53.377.5O. Among these are $4,000 OF L
o. r. & L. Co. bonds and $1,000 in Eva
Co. bonds. .,
An amended complaint. alleging de-
sertion. has been filed in the divorce n
rase OF Mary Harrub VS.. z. L Harrub
The bond in 5000 OF Fred Harrison Q
IN the Ferreira habeas corpus case was
yesterday. and a new one
hied. signed by Harrison. F. Ferriera