The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-03-07
SALE OF KONA
IS ORDERED
KONA SUGAR COMPANY SUIT IS
WITHDRAWN WITH CONSENT
OF ALL PARTIES.
WUNDENBERG ALLOWED $1,000
FOR HIMSELF AND COUNSEL.
Judge Humphreys Takes Exceptions
to Statements That Damon Would
Dictate the Appointment.

to Statements That Damon Would
Dictate the Appointments
Judge Humphreys this afternoon
made an order allowing the accounts
of received Wundenberg Of KOna plan
tation, and awarding him a fee of 81 900
out of which he is to pay his attorneys
and settle all other expenses not in
cluded in the accounts rendered. The
accounts showed S5,071.69 spent for the
plantation by the receiver most of it for
supplies for the plantation.
The court did not make an order dis
charging the receiver On the contrary
Wundenberg is ordered to advertise on
March 10 to sell at public auction all
thte property, of every kind of the kOHa
Sugar Company, and within ten days
thereafter to conduct the sale, paying
his own fee and expenses out of the
money received. In the meantime he is
retained as receiver and the bill of COM
plant stands of record.
1t is understoon that in the meantime
there will probably be a settlement OBJ
Waiting the necessity of a sale of the
plantation and that the received will
be reimbursed and compensated and
then discharged formally.
In his report to the court Wundenberg
stated that he had sent credit for $500
to the plantation by the steamer Mauua
LOa, which left Honolulu yesterday.
This will temporarily relieve the situa-
ton at Kona by providing supplies for
those living there
A motion to dismiss the Kona Com
pany receiver and to discontinue the
suit in which he was appointed was
made this morning. The receiver was
ordered to present his accounts at ,
o'clock this afternoon.
n
by f. w. Hankey. 1t was a formal
motion for an order dismissing the suit
and discharging the receiver and was
based upon an affidavit of J. NJ. Nc
Chesney stating the present condition
| Of the plantation.
In his affidavit McChesney sWOre
{ that the receiver appeared unable to
converse the property of the planta-
ton or to raise money to harvest the
| crop, and was about to order the i'm
| mediate sale of all the property. The
| receiver also intended, said McChesney,
! to order the discharge of all the labor
ers now on the plantation, except those
| needed to look after the property there.
| Without the labor now on the spot it
would be impossible to harvest the
| cane, and when they were once dis
! charged and left the place, in the pres
! ent condition of the labor market, Nc
! Chesney said, it would be impossible
| under any circumstances, to get the
necessary labor again.
If the suit were continued it would
be impossible, according to McChes-
ney's sworn statement to preserve
any of the crop, and the present con-
ditiOn of the money market is such
that if a sale took place neither plain
tiff nor defendants nor creditors would
realize any just proportion of what is
due them. The action had been begur
in good faith, when the petitioners
thought that after the appointment OF
a receiver the money needed to carry
on the plantation would be forthcOm
ing. Finally, McChesney said that
would be impossible for any receiver
or ang order of the court, to reuev,
the situation, but that if the suit wer,
, dismissed, he believed that, with tn,
assistance of creditors and others, tn,
, plantation would be able to pay thu
| expenses Of the receiver send supplies
money and satisfactory assurances t,
the plantation sufficient to insure tn
harvesting of the crop, and to even
tually result in the satisfaction of tn
claims Of creditors and the continue
ton of the enterprise at KOna
Hankey did not argue the PROPOSE
tiOn simply presenting the motion t.
dismiss, with the concurrence of all tn
defendants, and there was no OppOsi
ton from the receiver, who was rep
resented by MagOon and Dillon ant
had nothing to say. The court gave
decision at once.
1T may be conceded as elementar
that a complainant has the control o
a complaint in equity, even after al
answer has been fled and that tn
matter of a dismissal rests almOs
wholly with such complainant" sait
{ the court. But where a receiver i
! asked for and appointed and the an
( sWer joins in the request for a receiver
! a dismissal of the action does not re
lieve the receiver Of his responsible
ties, or duties, or powers. An attemp
p to dismiss the receiver is an attemp
Z to dismiss the court, and this CannO
p be done without the consent of tn
5 court
MANY of the statements in the mo
ton here presented are undOubtedl
true, and the court takes pleasure
signing an order approving the dis
missal of the suit and the discharg
Of the receiver after payment Of his eX
penses and such compensation as
reasonable,
? Some three or four days before tn
appointment of the receiver il wa
/ stated in the public press that Mr.. S
NJ. Damon would be the receiver, o
would dictate the appointment of a ne
ceiver," continued the court. 9TH
court desires it distinctly understoO
that neither Mr.. S. NJ. Damon, nor any
one else dictates the appointment O
anyone i'm this court. i am respOnsi
BILE to my conscience and answer t
that conscience and no bankers no
paupers, nor sugar planters nor mem
bers of the bar can dictate appoint
ments or proceedings. The court deem
ir justice to itself to make this state
ment, after the comment that has bee
passed on this case"
Hankey rose to make a statemen
but was not allowed to speak 9TH
r matter is closed and the court does mo
want to- hear anything more about IT,
said the Judge
The petition for discharge of the ~.
| Ceiyer was coucurred i'm by the <ou
| sugar Company and the First Amer
I can Savings ana Trust Company NJ