The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-04-04
IN COURT
OF APPEALS
Liquor Law Test
Is Carried
Further.
CHINESE SOCIETY
MUST SHOW CAUSE
Magoon Doesn't Like the Lease
Drawn by Him.
self.

The Ninth Circuit Court of Appeals
| is to be asked to pass upon the legality
| OF Primo beer licenses. An appeal was
| decided upon yesterday from Judge
! Estee's decision in the case of Macfar-
| lane ct al. VS.. w. II. Wright, Treasur-
presented to the court this morning. A
direct appeal is taken from the decree,
no motion for a new trial having been
made. The Honolulu Brewery is the
real party defendant in the case, and
the appeal is being taken at the in
stance of that corporation, and not of
the Territory OF Hawaii. which appears
as the nominal defendant.
This is the case wherein Judge Estee
declared invalid the Primo beer licenses
issued by Treasurer Wright, on the
ground that there was an unjust dis
elimination against outside beer firms.
The Hawaiian law allows the Treasur-
er to issue licenses for $3.50 per annum
to vendors of home brewed beer, while
the regular liquor license is $1,000 year.
The suit was brought at the instance
of the mainland breweries.
An injunction was granted restrain
ing the further issuance of licenses but
the saloons are still operating under
the old licenses, which do not expire
for some months. The papers will prob
ably be signed by Judge Estee today,
and the appeal goes to San Francisco
on the next steamer.
OTHER FEDERAL COURT NAT
TIERS.
Judge Estee yesterday morning set
for hearing, on April 2Sth, the case of
George B. Mcclellan VS.. DR.. L. e. Cof-
er. The libel of the William Howe
will come up in the United States
court this morning. This is the $40, 900
damage suit by two sailors of the boat.
who claim to have contracted scurvy
by reason OF poor food on the voyage
from Mauritius to Honolulu.
NAGOON IN PILIKIA AGAIN.
]. Alfred Magoon is again in trouble. |
Suit was filed by him yesterday to ter
inmate the lease held by two Chinese
upon his Miller street property. Ma
Eoon claims that the lease with the /
which provides for rental of 4
800 per annum, was meant TO read I
that amount monthly, and now the ten
ants refuse to pay the sum demanded.
The case has already been in the
District Court, where Judge Dickey de-
'ided against Magoon. 1t appeared from
he trial there that the lease was drawn
~ Magoon himself, nd that he is re-
'ponsible for the clause he now COM
,lains of. The Chinese constructed the
buildings upon the land and claim that
I was for that reason Magoon made
he rental at such a low figure. The
'etition is in substance as follows:
That said j. Alfred Magoon was. up
II the 9th day of July, 1901, seized and
assessed of certain lands and premises
ituate. between Punchbowl and Miller
treets, in Honolulu. described in Royal
latent 1917. Award 4S3. with the build
ne and Improvements thereon, which
,nds. buildings and improvements We're
the value of $4,000 and upwards
THAT on said last mentioned day
aid ]. Alfred Magoon executed to and
18th defendants a lease of said prem
es for the term of thirty years, bgin-
ing with the first day of August, 1901
which lease said Emmeline Magoon
lined for the purpose of binding her
over right in said premises
THAT the rental agreed to be paid for
aid premises was 800 per month for
he first two years. $3.50 per month for
lie next succeeding four years. and
so per month for the remainder of the
rm. i. e, twenty-four years; said rem
4 to be paid in advance on the first
ay OF each and every month at the
ice of said j. Alfred Magoon. in Ho-
llulu. in gold coin OF the United
ates. without deduction of any de-
ription for improvements or changes
any kind.
THAT by and on account OF a clerical
TOR the words per month We're omit
in two places. so that the clause ac-
ally reads as follows: yielding and
wing therefor rent at the rate of one
lndred dollars (s1OO) for the first two
airs, one hundred and fifty dollars
1900 for the next succeeding four
ars and two hundred and fifty dollar.
SOD per month for the remainder of
term, viz, twentyfour years a.