The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-01
SAME OLD
MUDDL F
Transition Period
Status Again
In Court.
APPOINTMENTS BY
DOLE QUESTIONED
Wilder Steamship Co. Case Cause
of the TroubIe-Circuit
Court Notes.

which makes all others sink into in
significance was opened yesterday in
Q the Supreme Court, by the filing of a
70 motion in the case of Geo. u. Hind Ell
al. VS.. Wilder's Steamship Co.. which
attacks the legality of the appoint
ment of the Judges who heard the mat
ter, prior to the passage of the Organ
ic Act. Carried still further, the mo-
ton to vacate the decree in the above
preme Court refused to take jurisdic-
ton, questions the legality of the acts
of Sanford B. Dole, acting as Presi-
dent of the Hawaiian Republic I'D to
the formal annexation, June IA, 1900
The motion is to have set aside the
judgment for $4,000 obtained against
the Wilder Steamship Co., for the
sinking of the William Carson by col
lision with the steamship Claudine.
In the motion Kinney, Ballou & Nc
Clanahan allege that on February 5,
1900, Hon. w. L. Stanley, under "a pre-
tended authority" as second Judge. is
| sued process against defendant; that |
on February II, 1900, Judge Perry, I'M
| der assumed authority oYerruIed de-
murrer and on March %, denied a con-
/ tinuance.
On April %, 1900 Hon. r. D. Silliman
under pretended authority" on Nav
heard the case, rendering a decision
under pretended authority" on May
l, 1900 and on May Z, 1900, Hon. Geo.
A Davis, under a pretended authority.
signed decree in the case, giving Ii
pellant judgment for $4,000 Nov 7.
1900, the Supreme Court passed unon
the case, finally. Reference is made to l
the appointment of A. Perry and w. L.
Stanley as judges by President Dole on !
November 1, 1897. The motion then al! \
leges That on the 7th day of Nav. 7
1900, the Honorable Sanford B. Dole |
former President of the Republic of $
hawaii, assumed to appoint the Hon. t
Geo. A Davis, first Judge of the said .
circuit Court of the then unorganized
territory of Hawaii, although the said
honorable A. Perry assumed to he at
such time the duly appointed Judge.
ana the said Davis assumed to qualify
and act as such first Judge until the
18th day of June, 1900"
Inc same reference is made to the
appointment of Judge Silliman in
place of Judge Stanley
Petitioner contends:
Ihat on the 5th day of February 1aoo |,
ne Circuit Court of Hawaii had no al L
niralty Jurisdiction
That under the law as 1t existed m 4
day fth, 1900, the Supreme Court of Ha !
ion. 9
Ihat at such time neither Hon. A q
cry nor Hon. w. L. Stanley We're vest :,
d with admiralty jurisdiction nor ha3
rey jurisdiction of the subject matter c
Inc same references are made as to l.
ne jurisdiction of George A Davis and .
!. d. Silliman ~ IL
1t is alleged further that the decrea y
ppeaied from is void not having been 1
gned by the judge who heard the sold ,
ause- That the final decree of the Su q
RENE Court is null and void
wherefore petitioner prays that said VI
ecree be set aside 7,
APPEAL CASES. :;
Appeals have been taken to the Cir :,
lit Court in the following cases: III
Jno. Kamaka, fined 500 for alleged lille II
II liquor selling; J. NJ. Kealoha, A. q,
cry and Dan Mckenzie, each fined 500 !
r the same offense h
John Sylvia, Frank SYLVIA A Pestfno -;
Id Joaquin Medeiros, assault and bat 0i
~, sentenced to ten days each bv ~
dge Wilcox h,
Manuel Gouveia, sentenced to reform q,
hool for one year fer larceny ai
'hamaga, fined S25 for needless driving Uu
>olikoH, sentenced to two months at 4
rd labor for assault and battery TO
AN OLD ESTATE -
-yle A. Dickey has filed report az E.
ster on the accounts of Antoine Rosa 'H
ardian of the estate of James Hoare er
The master disallows a total of co
III, which he holds guardian respon- G,
lie for, consisting of penalties paid on ~
ter charges, charges for board and va III
us minor items. The master SAYS thar N
guardian should have had on hand s,1
. the ward, at least 1852 95 upon n:
zen amount he recommends that inter- ~
De charged at per cent from Nov Al
+, to March Is, 1898, and up to the pres 20
time at per cent. Master further
orts that guardian should be charged us
h s6103.01. Rosa is dead, and the re- er
t is filed for him by John F. Colburn %
cutor of his estate.
COURT HEARINGS o'
ldge Humphreys will hear civil cases ~
Tuesday in the order that they ap- lol
r on the calendar. Judge Gear viii ca
r the criminal calendar
WANTS TO SEE CHILDREN.
a. Brown has filed a petition asking CO
the temporary custody of his two ~
or children, who are staying with MS q
'rced wife, Mrs. Irene Ii Holloway D.
alleges that the mother has refused s. q
request TO see the said children. In ~
correspondence set out the children "a
e that they do not wish to visit Their [
er Judge Humphreys has issued an "
II TO Mrs Holloway to appear Feb ! y
and show cause why the previous or n