The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-03
WRIGHT HAS
MORE TIME
Primo Beer Case Is in
Circuit Court of
Appeals.

II
matter of Primo beer licenses as fai
as the Federal Court II concerned. un'
I'll the Circuit Court OF Appeals at Sar
Francisco passes upon a motion to sus-
pend the injunction granted By Judge
Estee at the instance OF the local rep
resentatlveS. OF the mainland breweries
The citation for contempt issued FOL
the appearance OF Treasurer Wright &c
show cause for permitting the opera
ton OF the Primo beer saloons. was
continued until July : by stipulation
between counsel. because OF the mo-
ton In the higher court. and Judge
Estee said that ne would discharge the
defendant entirely II the plaintiffs were
mot ready TO proceed
The answer TO the citation was filed
yesterday BY Judge Silliman. for Treas
urer Wright. The defendant answers:
THAT IL has been his intention and
purpose. and he has endeavored 20
comply with the letter as well as the
spirit OF the injunction Issued In this
case. That he has done no act under
or by virtue OF said chapter fs since
the issuance of said injunction That
he has given no instructions. made no
intimations. nor threatened anyone
with suit or consequences whatever by
virtue of any Interpretation that might
be made or sought to be made OF the
purport or meaning Of said act.
Further, defendant says that as to
the licenses referred TO in the affida-
Wits attached to- said order to show
cause az having been issued by this
defendant. defendant admits the same
were issued under said act on or about
the dates alleged In said affidavits. save
that as to the said license No. %. the
same was issued on or about Novem-
bed II, 1901, and this defendant In this
behalf alleges that said licenses were
Issued in good faith TO the licensees.
upon receipt OF the license fee pre-
scribed By said act, and the money so
received was paid by this defendant
into the treasury OF the Territory OF
Hawaii That this defendant has no
power over said licenses 10 revoke the
same. nor has defendant any power or
control over the police forces OF the
Territory. On information and belief
this defendant alleges that the matter
OF the legality OF said licenses was re-
ferred To a grand jury Of this Territory
By the second Judge OF the First Cir
cult Court, after the issuance of said
injunction, for the purpose of investi-
cation and such other proceedings as
said grand jury might take. but as this
defendant is Informed and believes said
grand Jun. refused 20 take any action
with regard thereto"
That since the issuance Of said in
junction this defendant has given no
instructions with regard to said Ii
eenses nor made any limitations to
any OF the holders OF said licenses that
the same would be revoked If beer of
other manufacture than that made in
Honolulu. or the so-called Primo beer
should be sold by them. That this de-
PENDANT has not threatened any Of the
holders OF said licenses with suits upon
their bonds nor in any way threatened
action against them, nor done any act
or thing to influence said holders of
said licenses TO sell Primo beer only.
or TO restrain said holders OF said Ii
scensss from selling beer of other man
ufacture.
Finally. this defendant alleges that
II has been his wish and purpose to
meet the effect and full operation OF
said injunction by implicit obedience
thereto"
Following the reading OF the answer
the court adjourned for ten minutes.
counsel having stated that there was
prospect OF some form OF agreement.
Upon reconvening court. Judge SILL
iran presented the following stipula-
ton:
in the above entitled cause. In so
far a the pending contempt proceed
iuEs against said defendant is con-
ccraed. II Is hereby stipulated between
the above entitled parties that the
further hearing 90 said contempt pro-
ceeding b. and the same Is hereby con-
tfuueI uurtl the IN day OF July 1902
subject % ihe approval OF said court"
Does the defendant consent To this
continuance" asked The court. Wright
not being IN the court rooui
Il represent the defendant. and he
dcss." replied Mr. Siiliman.
The court doesn't think IL fair TO
this defendant 10 put of the case FOR
two months. fcr the court would dis
miss th- proceeding. and that Is what
the court thinks should be done. bat
OF course The stipulation will be al
lowed You know. gentlemen. you have
appealed on the same points rs are
raised In The motion Tor stay OF injunc-
ton"
Treasurer Wright appeared at this
point and gave his consent To the con-
tinuance.
THE court wishes 70 inform YOU"
said Judge Estee. that this Is a press
ing matter. contempt Is a quasi Grim
inai proceeding. and II the counsel for
plaintiffs are not ready TO go on. the
court viii dismiss the citation
The stipulation was finally allowed
and the case viii rest Until the Circuit
Court OF Appeals passes upon IT,
Harry oelrichs Very Ill.