The Hawaiian star., 1902-01-16
LONG FIGHT
PREPARATIONS FOR AN APPEAL
TO WASHINGTON.
Case to BE Set BY Humphreys tomor-
rom-Writ of Mandamus From Terri
torial Supreme Court


When the Kamalo case came up be
fore Judge Humphreys this morning, on
a motion to set the case for hearing of
more testimony, Attorney II. W. Han
key interposed a plea against the juris-
diCtiOn of the court He stated that the
proceedings in the Supreme Court were
not part of the record of the case, and
that the defendants wanted a pro fOrma
ruling in the record, from Humphreys,
on the question of his jurisdiction. The
purpose of getting such a ruling IN the
record is to save the point for appeal to
the Supreme court of the United States.
Judge Humphreys said that the Ter
ritOrial Supreme Court had issued
writ of mandamus ordering him to hear
the case, and he was ready to carry out
the order He would allow one day.
however for the preparation Of the
plea, to keep the record straight. The
matter was postponed till tomorrow
morning. al which time, il was annOun-
ced a date for hearing will be set.
The writ of mandamus issued by the
Supreme Court in the case has been
served on Judge Humphreys 1t is
quite lengthy containing a review of
tie proceedings and the appeal and end
ing with an order that the case be
heard as once, as follows
Whereas when the hearing of said
appeal was reached in this Court, the
defendants presented a motion to this
court praying that this cause be re-
manded to a judge of the Circuit court
for further hearing; and
Whereas said motion was heard and
decided by this Court remanding said
cause to the Circuit Judge of the First
Judicial Circuit with instructions to re-
Ceive such evidence as may be offered
under the amendments to the pleadings
a nd
may be proper. And
Whereas on the 18th day of DeCem-
I Der A. D.. 1901, the plaintiffs by their
attorneys appeared before you for the
purpose of proceeding with the hearing
of this cause under said decision of th!s
court, and
I Whereas at said time and place you
refused to proceed with the hearing Of
| said cause in accordance with our said
| decision, and
Whereas, heretofore, to wit on the
18th day of December A. D.. 1901 it ap-
| peared upon the complaint of l.. H.
| Dee one of the plaintiffs in this action,
I that you did refuse to proceed with the
! hearing of said cause in accordance
| with the decision of this Court, where
| upon this Court at the instance of said
| l.. H. Dee granted a rule requiring you
] to show cause, If any you had among
/ other things why a peremptOry writ of
| be awarded and issued to you COM
/ manding you to receive such evidence
| as may be offered under the amend
ments to the pleadings and to take such
! further proceedings in this cause as
| may be consistent with the views eN-
| pressed in said decision of this court
| And 4
Whereas at a session of said Su-
preme Court held at Honolulu in jan
uary 1902 you certified and returned to
said Supreme Court together with said
| rule that the alternative writ issued by
this court did not state facts sufficient
to entitle the petitioners to the relief
sought.
Whereas afterwards, to wit, at the
same session of this court last aforesaid
! upon consideration of your said return
and Of the cause shown by you
therein against the said rule being made
absolute, and against the awarding ani
issuing of the said writ of mandamus
and upon consideration of the ar
guments of counsel, as well on 20 J.
behalf, showing cause as aforesaid as
on behalf of the said plaintiffs in sup,
port of the said rule it was considered
by this Court that you had certified ant
returned to the said Court an INSULT
cient cause for having refused to re-
ceive such evidence as might be Offered
under the amendments to the pleading
in said action and to take such furthe
proceedings as may be consistent witt
the views expressed in the aforesaid de
cision of the Court and against tn,
awarding and issuing of the said wri
OF mandamus pursuant to the rul
aforesaid; and it was also then an,
there and there considered by the salt
/ Supreme Court, that the peremptor
writ of the Territory of Hawaii issue
q requiring and commanding you, tn
, said Judge Of the said Circuit Court
First judicial Circuit, to receive sucl
evidence as may be offered under tn
amendments to the pleadings and T.
take such further proceedings in SAT-
cause as may be consistent with tn
, views expressed in our decision afore
said;
Therefore, you are hereby command
ed and eniOined that Immediately afte
the receipt of this writ, and withou
e delay, you proceed to receive such evi
( dence as may be offered under tn
: amendments to the pleadings and {
e take such further proceedings i'm thi
2 cause as may be consistent with tn
views expressed in our decision afore
g said so that complaint be not agai
{ made to the said Supreme Court an
r that you certify perfect obedience an
e due execution of this writ to the sal
supreme Court to be held on the frs
t Monday in March next
! Hereof fail not at your peril, an
- have you then and there this writ.
e Witness the Honorable w F. Frear
10 Chiet Justice Of said Supreme Court q
S | the Territory of Hawaii this 18th da
{ or January in the Year of Our Lore
one Thousand Nine Hundred and Tw,
HENRY SMITH,
CLERK Of the Supreme Court. Territor
g Of Hawaii"