The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-02-04
SAME OLD
MIDDLE
Transition Period
Status Again
In Court.
(From Saturdays daily


significance was opened yesterday in
the Supreme Court, by the filing of a
motion in the case OF Geo. L. Hind ct
nj. 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
&c Act. Carried still further, the mo-
ton to vacate the decree in the above
case, of which the United States Su-
preme Court refused to take jurisdic-
ton, questions the legality of the acts
OF Sanford Il. Dole, acting as Presi-
dent OF the Hawaiian Republic up to
the formal annexation, June IA, 1900.
The motion is to have set aside the
judgment for 1000 obtained against
the Wilder Steamship Co., for the
sinking of the William Carson by coll
lision with the steamship Claudine
In the motion Kinney, Ballou & Nc
'Clanahan alfege 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 overruled a de-
murrer and on March 2s, denied a con-
tinuance.
On April %, 1900, Hon. r. d. Silliman
pTtleHutu May
heard the case, rendering decision
under pretended authority" on May
/, 1900, and on May I, 1900. Hon. Geo
A. Davis. under a pretended authority,
signed a decree in the case. giving IL
bellant judgment for $4,000. Nov. 7,
1900, the Supreme Court passed upon
the case, finally. Reference is made to
the appointment of A. Perry and w. l..
Stanley as judges by President Dole on
November l. 1897. The motion then al
Ieges That on the 9TH day of May,
100, the Honorable Sanford Il. Dole,
former President OF the Republic of
Hawaii, assumed to appoint the Hon.
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 be at
such time the duly appointed Judge,
and the said Davis assumed to qualify
and act as such first Judge until the
14th day of June, 1900"
The same reference is made to the
appointment of Judge Silliman in
place of Judge Stanley.
Petitioner contends:
That on the 9Th day of February 1900
the Circuit Court of Hawaii had no id-
m!ralty jurisdiction.
May 9Th, 1900, the Supreme Court of lia-
wall had no appellate admiralty jurisdic-
ton.
That at such time neither Hon. A.
Perry nor Hon. w. l.. Stanley were vest
ed with admiralty jurisdiction nor had
they Jurisdiction of the subject matter
The same references are made as 10
the Jurisdiction of George A. Davis and
r. ID. Siliman.
IT is alleged further that the decree
appealed from is void as not having been
signed by the judge who heard the said
cause. That the final decree of the SUI
preme Court is null and void.
Wherefore petitioner prays that said
decree be set aside.
APPEAL CASES.
Appeals have been taken to the Cir
cult Court in the following cases:
Jno. Kamaka, fined SloOyror alleged lille
gal liquor selling; j. NJ. kealoha, \.
Perry and Dan Mckenzie, each fined 500
for the same offense.
John sylvia, Frank sylvia, A. Pestino
and Joaquin Mederos. assault and bat
terry, sentenced TO ten days each by
Judge Wilcox.
Manuel Gouvcia, sentenced to reform
school for one year fer larceny.
Shamaga, fined s25 for needless driving.
Kolikoli, sentenced TO two months ut
hard labor for assault and battery.
AN OLD ESTATE.
Lyle A. Dickey has filed a report nc
master on the accounts of Antoine Rosa
guardian of the estate of James Hoare
Jr. The master disallows total OF
S2l9l.l7, which he holds guardian respon-
sible for. consisting of penalties paid on
water charges, charges for board and va
rious minor items. The master says that
the guardian should have had on hand,
due the ward, at least SS562s5, upon
which amount he recommends that inter-
est be charged at per cent from Nov.
1892, TO March l5 1895, and up to the pres
ent time at per cent. Master further
reports that guardian should be charged
with s6l030l. Rosa Is dead, and the re-
port is filed for him 10y John +. Colburn
executor OF his estate.
COURT HEARINGS.
Judge Humphreys will hear civil cases
on Tuesday in the order that they cp-
pear on the calendar Judge Gear will
hear the criminal calendar.
WANTS TO SEE CHILDREN.
c A. Brown has fled petition asking
for the temporary custody Of his two
minor children, who are staying with his
divorced wife, Mrs. Irene Ii Holloway.
He alleges that the mother has refused
his request TO see the said children. In
the correspondence set out the children
state that they do not wish to visit thew
father. Judge Humphreys has issued an
order TO Mrs. Holloway to appear Feb.
9Th. and show cause why the previous or
der of the court has not been complied
with.
CIRCUIT COURT NOTES.
Judge Gear yesterday ordered defend
ant In the divorce libel OF Eva b. Pan
VS. Frank s. Pail to pay his wife SIS
month as temporary alimony. Motion
for attorneys fee was overruled.
An amended complaint has been MED
in the case of Frank Godfrey VS.. John
Kidwen.
The relatives OF Chas. A. Fai. the Chi
nese boy who was killed by electricity In
NcInerney's store In December, are pre-
a IN ixaStIi,,Ia anna