The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-04

left today Tuesday. and from a let
ter received by the receiver. from
Manager Cowan. Saturday evening
he thought that haste was necessary
in order to subserve the interests OF
all parties. He read this letter to the
court, as follows:
Holuloa. Feb. 2S 1902
F. Wundenberg, Receiver. Kona Sugar
Co, Ltd.
Dear Sir-The supplies you furnished
from Hackfeld & Co. will be all gone
by the time the Mauna Loa returns
here. March 5th. The mechanics. as
well as all the labor, are very anxious
about the result of your visit here, and
wish me to give them an answer at
| once of how they stand, and if their
back pay is going to be paid to them.
can't say what will be the result If
their money is not forthcoming soon.
! They are really very serious about it,
| L assure you, and mean to have their
rights. / hear OF course all sorts of
rumors of what is going to be done.
/ The Japs are holding meetings. l sup
pose they are discussing the situation;
you see numbers of them now travel
ing the government road back and
! forth. They are no doubt making
( their plans. l am more impressed
! than ever that the men Will not allow
a stick of cane to be cut until they are
settled with in some way. Now sup
pose you cannot get the necessary coin
to carry the plantation, and you send
! up word to shut down everything.
what are those men to do? They have
no money and no credit, and cannot
get away. The mechanics are in the
same fix. l viii therefore ask you to
send up at least $4,000, so that / can
support the men until they can get
away and pay them a few dollars for
, immediate use. Ever since you left,
there has been a continuous clamoring
of what is going to be done. l have to
give every man a statement today of
what is due him. They came to me
in a body and demanded this. 1 have
tried to get some information out of
I the Japs, but cannot learn anything
/ think their Consul should be asked
to communicate with the Japs here,
and advise to work in harmony with
yourself. And trusting that something
definite will be done by March 5th, /
JAMES COwAN.
Mr.. Hankey, replying. said that he
had taken the liberty of inSuiring of
the receiver what word he had intend
ed to send, and Mr.. Wundenberg had
replied that il would be that the plan
tation was to be shut down. IF any
thing is to be DONE" continued Mr..
Hankey, lit should be the sending of
some money to temporarily relieve the
situation. and then give the parties
here a chance to talk over the matter.
There is nothing in this petition which
would relieve the situation"
Mr. Magoon, replying for Receiver
Wundenberg said: We have exhaust
ed every means in Honolulu of OBJ
tanning financial aid and it is an utter
it1nnSSihiIitX- % have UiSital
bank and every person having, mon
ey. AS the report of the receiver
shows, he visited the plantation with
a representative of Brewer x Co, and
ne reported unfavorably. which makes
II impossible to borrow funds This
property has been hanging by the eye
lids, as it were. for months, and it is
a mystery how a big corporation like
this managed to run as long as it has
been running without paying its Ia
Dor. The laborerS are now in a state
of insurrection. and are making threats
against the property. AS this motion
stands now the simple statement of
these parties that they want to get to-
gether is insufficient. They have had
weeks to prepare for this action, and
should have been ready to meet it. A
very grave responsibility rests on the
receiver, and if these men set fire to
the cane. as they threaten to do, or
commit other depredations. it would be
laid at his door The only natural So
luton is to dispose of the property at
the earliest possible moment to some
one who is Interested, and would con-
duct the property so as TO satisfy all
parties. Mr.. Wundenberg has been in
constant communication with all par
ties at interest. and they have been
kept advised as to what course was
To be taken, and there is no necessity
for delay, and delay will not help the
plantation"
Mr.. Hatch. appearing for the defend
ants. said that he Joined with Mr..
Hanhey in a motion for continuance.
He characterized the motion as most
extraordinary proceeding on the part
of the receiver. who he said was APP
pointed to conserve and protect the
property, and that it could not be sold
unless ii was to meet a money judg-
ment. The receiver was given pow
er to borrow money to keep the plan
tation together" said Mr.. Hatch, land
now TO bring the parties into court on
such short notice and ask a sale of
the property without giving them a
chance 20 consider il on its merits, is
To says the least. extraordinary. 1t is
certain that a sale could not be made
today. even upon an order OF the court
and with the consent of all parties"
CONTINUANCE Is GRANTED.
Judge Humphreys granted the motion
Tor d SlallHB IfdI the TT
ceiver had been appointed to conserve
the property. This is something of
the nature of an assumpsit suit" said
The court; the plaintiff creditors claim
large sums by reason of a contract
With the Kona Sugar Company. 1t
seems to me an order of sale without
giving the time to hear the motion on
Is merits, is unwarranted and unnec-
ssSary. and would be something like
ssuing a writ OF execution before the
Judgment is granted. The petition, it
: true. shows that the employees are
nsurrectionary. not having been paid
or months. but the allegation OF their
and turbulent disposition
: not clear. | think the plaintiff and
he defendants in this case are those
most vitality interested in the preserva-
ion of the property, and they have be
ipolSen an unwillingness to have the
notion heard at this time. 1 doubt not
ut what the receiver from his inves-
igation. is convinced that the best
curse to pursue is the one recon- q,