The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-05

| the slave OF the husband He said
AuF lher that desertion without cause
my was made q nisdemeanor by the
! legislature, and not an Infamous
crime, and that in some States there
| was law which made wife desertion
OF Iallure TO support. a crime, or at
ieast the husband could be put in jaiI
! TOT Iallure TO support The fact that
she i sent TO jail for month does
hol MAKE her a slave any more than
| any man found guilty. of nisje-
tleanor IS a slave IF in the wisdom Of
the Legislature such q law was thought
10 De necessary, Mr.. Cathcart contend
go mat II should remain on the stat
ute books
Does the Legislature. then. have the
power TO compel a man TO take his
VIE TO the theater?" asked the court
NO; that is not question of invol-
ontary servitude," replied Mr.. Cath
Then a man or woman has no right
10 get divorce for desertion. if il is
a crime. The court has a right to i'm
PRISON man for contempt if he refuses
10 OBEY an order to pay for support of
nus WIFE, but it is clearly impossible
Tor the Legislature TO make such a law
as this
Then your honor holds that the
court can enforce its orders, but the
Legislature cannot?" asked Cathcart
IN this case, certainly; the court has
right to punish for contempt"
VIII deny the notion continued
the court, as based on the ground
that the law is a violation of the thir-
teenth amendment. but shall declare
the law TO be unconstitutional because
sucn law is beyond the police power
OF any State or Territory. The Legisla-
ture mas no right to make a law pun
lshlng a man for non-perforrnance of
contract and marriage is no more OF
a are
tam limits to the police power OF the
Ierr1tory, and | VIII hold this law to
be beyond the police power and un-
constitutional
The case of Mrs All Young was nolle
pressed. she having obtained a divorce
from her husband.
Mrs. Noel Markle and Antoine Garcia I
were released under the ruling of Judge !
Gear.
COURT NOTES.
Anton Helgersen has made applica- /
ton to Judge Humphreys for appoint !
inent as administrator of the estate of /
Annie X Jack
George Chalmers has asked to be ap-
pointed administrator of the estate of !
Mary Ann Chalmers.
H. L Kerr q Co. We're given judg-
ment yesterday against the Orpheum
Company for $71S.94.
Judge Humphreys called the civil
calendar yesterday morning, and set
cases for trial up TO number 80. until
February 26. Judge Robinson will call
he remainder OF the docket if his COM
mission arrives by that date. L
Demurrer was overruIed by Judge /
in the case Of Charles K. i
Fowt VS.. Kona Sugar Co, Ltd. and II
defendant allowed ten days in which TO
lie an answer.
Demurrer was sustained in the case
f Chez Kit VS.. Lee Lung Plaintiff
vas granted leave to amend complaint.
The appeal of All Kin, charged with
assault and battery, was dismissed by
Judge Gear.
The appeal Of DR.. H. E. Winslow,
harged with assault, was dismissed,
nd the bail declared forfeited
A motion has been filed to have the
ase Of the Brown minors transferred
0 Judge Gear. In the petition filed by .
frs. Irene Holloway it is alleged that
lear heard the case originally, and :
efused to allow any one but the minor
hildren 10 be present at the examina-
ION, and consequently he should make
he final order as to the disposition q
{ the children.
Defendant in the divorce libel of
Morgan VS.. Henry Victor
Torgan, having disappeared, order for
utilization was made yesterday. and
le case continued by Judge Hum
hreyS to the next term.
a discontinuance was filed yesterday
the case OF Loyejoy & Co VS.. Wal
Roach CsorpT1ay1v