The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-03
LEGAL-IzES
ADOPTION
Chinese 7 axe Over
Portuguese
Baby.
HUMPHREYS GIVES
HIS PERMISSION
Decree is Finally Signed in the
Trsmwsys Case-Total Judg-
mint of Si555.

Judge Humphreys yesterday granted
q petition of adoption for nine days
old Portuguese baby to childless Chi
nese family The application was made
on behalf of Gloria Alameda, the moth
er of the child, and the Chinese who
adopted the baby were Mr.. and Mrs. c.
7. Amana The mother herself request
ed that the exchange De made, though
it was Amana who had the petitiors
drawn up by Judge Kaulukou. In her
testimony before Judge Humphreys the
woman said that she was not able to
support the youngster, and 1T had never
had father. Both Amana end his
wife said they were willing TO take the
Questioned by the court. Ama1a said
he had no other wife living either here
or in China, and had no children at
either place. He said that he had no
present intention of going back toI
China, but would not say that he never
intended TO return TO his native land
He testified also that the woman was
a customer and bought goods of h =,
but did not owe him anything. This
was asked because of "a possibility that
the child might be given in payment
of debt Mrs. Amana testified also
that she liked the baby and wanted it
for her own. The hearing was had in
the morning but Judge Humphreys
postponed his decision until after noon,
saying he wished time to cons der the
matter.
Upon converting court in the after
noon Judge Humphreys authorized thsl
adoption and the papers were signed 10
his presence after the mother was
warned that she was giving up all her
title and interest in her baby. In pass
ing upon the case. Judge Humphreys
Went at length into the history Of the
adoption laws, saying that nowhere N
the English common law could it bel
found and that the Romans We're prob
ably responsible for it.
IN this country the legalization OIL
adoption of infants has been an e%-
tremely common proceeding, said the
court. There have been cases where
the father and mother are we'll 60 dol
and yet have no affection for their OFF,
spring. and it has been my rule in such
eases to refuse to allow the adopti ~.
Not long ago there was a case before
me where Hawaiian parents wished to
give away their child. Tt seemed that
The father owned house and d lot
and was getting a good salary. and
though the parties wishing 10 adopt
the child were in better circumstances,
perhaps. and the child might have be
come heir to a large property. l did
not consider it to the public interest to
parents are not afilictedswith an in
durable disease. or are not persons OF
bad moral character. and can give
their child a proper education and care, |
do not think it wise to allow the pro-
ceedings. The pecuniary advantages
which might be obtained in some in /
stances do not outweigh the separation |
from brother and sister and father and |
mother. In this case there are.i
however, extraordinary circumstances |
which take it out of the common plane. !
The child is a bastard, the mother ig- |
norant and uncultured and nat able to
care for her baby. The Chinese wom |
an, on the other hand. evinces some
affection for the child and both hus !
band and wife speak the English lam !
guage. While under ordinary circum- |
stances l would not allow the adoption !
of Hawaiian. Portuguese or Caucasian /
children by a Chinese person, get this |
case stands upon a footing of its own
and should not be governed by princi-
pies I would apply TO cases in general.
There is nothing to prevent THIS man
from taking the child TO China and ed
ucating her in the customs and Ian
guage of his country and she would
grow UP "A Chinese woman. But her
moral surroundings and the conditions
in which she would grow up here, in
nuences the court III granting the pc
tition.'
After the decision had been rendered
Judge Humphreys apOlogized to the
Portuguese woman. saying if he had
hurt her feelings he had stated moth I
ing but what was shown in the evi- /
dence. i don't believe however" he +
concluded that her feelings are sUs-
cepribIe to any very serious injury"
TRAMWAYS DECREE SIGNED
Judge Humphreys yesterday signed /
the decree in the case of Sun Kwong
Nau Co. vs.. Waikiki Land & Loan AS 4
ISOLATION ct al. better known as the /
Tramways case. Contractor Mckee !
put in a claim for $500 damages by raa-
son of the operation Of Pains injunc- /
zion against the Rapid Transit CO. This !
was in addition to claim for counsel t
fees and was due, according to Nc |
KEGS testimony 70 the higher prices !
he now must pay for earth for filling
crushed rock. and for hauling. Judge
Humphreys refused 10 allow any Of the
amount claimed, on the ground that the
damage had not been done as vet. and
could not be estimated in advance The (
decree makes allowance only for the at
torney's fees and court costs, the total
amount Of judgment against Pains
E.=-