The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-12-30
BOYD CASE
DISMISSED.
Judge Gear Failed
to Decide

A discontinuance was filed In court
yesterday by Humphreys. Thompson &
Watson In the case OF James II. Boyd
VS.. II. T. Cooper This was the appli-
cation for writ of mandamus to COM
pei Cooper to turn over the office of
Superintendent OF Public Works to
Boyd, after the latter had refused to
resign and the Governor had attempt
ed to~remove him, using force to pre-
vent his entrance into his office.
The suit was argued at length some
months ago before Judge Gear by Geo.
Davis, who appeared for Cooper just
after Gear had decided that the Gov
ernor had no power to remove Audi
tor Austin. Humphreys refused to ar
que, saying he was content to leave the
matter to the second judge in view of
the Austin decision. Gear stated sew
eral times during the course of the ar
gument that he would sustain Boyd
and put him back into office, but he
reserved his final decision, and in the
meantime the Senate removed the for
mer Superintendent of Public Works.
A decision has never been given in the
matter and there is no longer any ne
cessty for it; hence the dismissal of
the suit
There may be still a suit for salary
from the time of Boyd's suspension un-
til the action of the Senate Auditor
Austin has made a demand upon Audi
tor Fisher for the salary for the two
months of his enforced retirement, but
this was refused. No demand has
been made by Boyd, he being out of Of
flee but a few weeks.
,-III@v nn>-,rr I-NyIrN- cDu.Ly
An evidence of the real ill-will which
exists between Humphreys and his
brother-in-law, j. Alfred Magoon, was
the withdrawal yesterday of the firm of
Humphreys, Thompson G. Watson as
attorneys for Magoon in the charge
against him of accessory before the
fact in the Wright case. When Ma
COON was indicted by a Grand Jury
for assisting in Wright's escape, Hum
phreys was one of the first attorneys
10 rush to his defense, but since then
the entente cordiale has been severely
strained
THE ISENBERG ESTATE.
The will of Otto Ernest Isenberg,
who died recently in San Francisco,
was admitted to probate yesterday by
Judge De Bolt and w. Pfotenhauer
was appointed administrator with a
bond of $215, 900 The estate is valued
at 100000, but $4,000 of it is in real
estate. The will gives one-third of the
property to the widow in trust, the re-
mainder going to the children of de-
ceased.
AS appraisers of the estate II. A.
Isenberg, p. NJ. Pond and w. NJ. Min
ton were appointed by the court. Mr..
McClanahan stated that Mr.. Isenberg
could not take the oath to support the
Constitution, as required of appraisers,
he being the German Consul here, and
Judge De Bolt prescribed a new form
of oath for the benefit of the apprais-
ers. He stated that it had always
been the custom for the appraisers to
swear to support the Constitution,
though he knew of no statute or rule
of court which required it. He said he
was simply following the practice al
ready established, and, there being no
statute. in the case of Mr.. Isenberg a
simple declaration that he would faith
fully perform his duties as appraiser
would be sufficient.
COURT NOTES.
The John X. Sumner case was con-
tinued yesterday until this morning at
~ O'CLOCK because or the wright near
ing. 1t was the intention TO go ahead
all day, but this idea has now been
abandoned.
Judge De Bolt yesterday ordered the
payment of s25 per month alimony to
the wife in the Gallagher divorce case.
After the first of the year the money is
to be paid in two equal installments.
NJ. G.. Silva has asked for a reduc-
ton of the alimony of $50 per month
allowed his wife. A motion has been
filed to have his property placed in the
hands of receiver in order to pay his
debts and alimony
Bishop & Co. have brought suit
against Lam Hoo Chin to fore"lose on
a mortgage on premises located at the
corner of Nuuanu and Kukui streets,
the security for two promissory notes
aggregating $l0,535.
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