The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-25
WILL COST
PAIN DEAR
.DamagesAskedfor
In McCulIy
Case.
GEAR GIVES DAVIS
ANOTHER BIG FEE
Citation Refused in KamaIo Case.
Another Attack on Hawaiian
Investments.


kiki Land & Loan Association ct al.
IL approved by Judge Humphreys.
Pains efforts TO stop the Rapid Tran
sit extension through TO Waikiki will
prove an expensive proposition for the
Hawaiian Tramways Co. The decree
calls for the dissolution OF the tempo
rary injunction: court costs OF s35. to-
gether with an attorneys fee of $3.50.
and s172.s5 as damages to the Homo
lulu Rapid Transit & Land Co., re-
suiting from the Injunction; also court
costs OF $3.50 and an attorneys fee OF
1876 as damages TO the Waikiki Land
& Loan Association. and also court
costs of SIC and an attorneys fee of
1915 as damages to James Mckee. The
decree will be presented before Judge
Humphreys Thursday morning.
Under the terms OF the decree pre-
pared by the defendants they do not
waive the right TO sue the plaintiff for
further damages resulting from the in
junction. a bond having been given by
plaintiffs at the time the writ was is
sued. The total amount claimed by
reason OF the injunction suit is sisss.l5.
which. however. does not include Pains
owr costs In the fight.
DAVIS GETS ANOTHER BIG FEE.
Judge Gear allowed George Davis an
other big Zee yesterday just prior to
the departure OF both. OF them for Hilo.
The order was made In the suit OF
Kunst vs.. Pain et al. and Davis Is
allowed $500. while the remaining at
torneys In the case. for the interview
ing mortgages. are allowed $3.50. The
decree. which was hastily signed just
prior To the courts departure on the
KInau. orders the sale OF some 5000
acres OF land. the greater portion OF
which Is on the Island OF Lanai Al
bert Barnes was appointed commission
err TO sell the property. From the pro-
eeeds Is to be paid first the sum OF
s5i.si5.3s To Gustave Kunst. then S29.--
775.o5 TO Bishop & Co. and lastly the
The sale viii be held forty days after
the advertisement OF II I'm local rapers.
GOES FOR BONDS AGAIN.
T.. M>watson. master appointed by
Judge Humphreys In the guardianship
matter OF the Richardson minors. re-
ported yesterday recommending that
several OF the investments made by the
guardians be disallowed. Among these
was one OF $1,000 in an Eva
plantation bond. and one OF $1,000 in
Steamship Co. bonds. The
latter. says Watson. Is a speculative
Investment and has paid but IL per
cent dividend this year. He disap- .
proves the Eva investment for the !
same reason given by Humphreys in
he Parker matter. An investment OF
5000 In "A $4,000 note OF the Union Feed 7
20. Is disapproved because the guar
iians are interested I'm the company.
,ut do not hold a controlling interest.
rhe property securing the note Is said
~ the master To be worth 100000.
ARE NOT IN CONTEMPT.
Judge Humphreys yesterday refused
q cite for contempt the defendants in
ne Kamalo Sugar Co. case for failure
o pay into court the amount OF the
Judgment against them.
The motion for an order to show
ause was accompanied by an affidavit ,
y j. A. Magoon in which he set out ,
he fact that a decree had been enter
d June .. 1902. ordering Frank Hus- ,
ace. John J. ESan and Frank II. Fos- {
er TO pay into court within ten days !
81 Nssff a. In
rest from May S. 1899. and also 5000 ;
hares OF kamaio stock. Magoon then !
avs. That In part compliance with ,
aid order. S11.901-57 has been paid III q
ash To said clerk. leaving a balance {
nc owing and unpaid under said or r
Pr S22.9iS.43: and 52SS shares of the
aid up stock OF the Kamalo Sugar r
o.. Ltd. have been delivered to said !
ERIK under said order. and $50 paid 4,
said clerk in lieu OF two and one y
III shares OF said paid up stock. equiv \
ent in all to 5290is shares OF the paid I
p stock. leaving 7O9ls shares TO be de-
vered To said clerk under said or 1,
r."
humphreys as follows: The judge is n
the opinion that no order TO show a
susc can be issued upon the facts .
ated in the affidavit herein. and the n
ction IS denied without prejudice" n
The plaintiffs viii attempt today TO :
cure an order OF execution against a
= defendants. Hustace is the only one q
the three defendants who has paid
= share OF the judgment into court.
lrry Dee and George Davis had a lit
set-tO in the clerks Office because
Davis departure from Honolulu e
hen the case - 20 be called up to- N,
y. and after a heated exchange OF a,
iEes. Davis said re wouid leave the C