The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-04-04
IN COURT
Of APPEALS
Liquor Law Test
Is Carried
Further.

The Ninth circuit Court OF Appeals
IL to be asked to pass upon the legality
of Primo beer licenses. An appeal was
decided upon yesterday from Judge
Estee's decision in the case Of Macfar-
lane ct al. vs.. w II. Wright, Treasur-
err and the formal application will be
presented to the court this morning. a
direct appeal is taken from the decree.
no motion for a new trial having been
made. The Honolulu Brewery is the
real party defendant in the case, and
the appeal IL being taken at the in
stance Of that corporation, and not of
the Territory OF Hawaii, which appears
as the nominal defendant.
This is the case wherein Judge Estee
declared invalid the Primo beer licenses
issued by Treasurer Wright. on the
ground that there was an unjust dis
elimination against outside beer firms.
The Hawaiian law allow. the Treasur-
er to issue licenses. for $3.50 per annum
to vendors of home brewed beer, while
the regular liquor license is $1,000 year.
The suit was brought at the instance
of the mainland breweries.
An injunction was granted restrain
ing the further issuance of licenses but
the saloons are still operating under
the old licenses which do not expire
for some months. The papers will prob
ably be signed by Judge Estee today,
and the appeal goes to San Francisco
on the next steamer.
OTHER FEDERAL COURT MAT
TIERS.
Judge Estee yesterday morning set
for hearing, on April 2Sth, the case of
George b. Mcclellan VS.. DIR. l.. f. Cof-
er. The libel of the William Howe"
will come up in the United States
court this morning. This is the $40, 900
damage suit by two sailors of the boat.
who claim to have contracted scurvy
by reason OF poor food on the voyage
from Nautilus to Honolulu
MACON IN PILIKIA AGAIN.
j. Alfred Magoon Is again in trouble.
Suit was filed by him yesterday to ter
inmate the lease held by two Chinese
upon his Miller street property. Ma
coon claims that the lease with the
Chinese, which provides for a rental of
500 per annum was meant TO read
that amount monthly. and now the ten
ants refuse to pay the sum demanded
The case has already been in the
District Court. where Judge Dickey de-
cided against Magoon. 1t appeared from
the trial there that the lease was drawn
by Magoon himself nd that he is re-
sponsible for the clause he now COM
plains of. The Chinese constructed the
buildings upon the land and claim that
1t was for that reason Magoon made
the rental at such a low figure. The
petition is in substance as follows:
That said j. Alfred Magoon was, up
on the 9th day Of July, 1901, seized and
possessed OF certain lands and premises
situate between Punchbowl and Miller
streets, in Honolulu, described in Royal
Patent 1917. Award 4S3, with the build
ing and improvements thereon, which
lands. buildings and improvements were
of the value of $4,000 and upwards
THAT on said last mentioned day
said j. Alfred Magoon executed to and
with defendants lease of said prem
ises for the term of thirty years bgin-
ming with the first day OF August. 1901,
in which lease said Emmeline Magoon
Joined for the purpose of binding her
dover right in said premises
THAT the rental agreed to be paid for
said premises was 800 per month for
the first two years. $3.50 per month for
the next succeeding four years, and
$3.50 per month for the remainder of the
term, l. e., twenty-four years; said rem
tai to be paid in advance on the first
day Of each and every month at the
Office of said j. Alfred Magoon, in Ho-
nolulu in gold coin of the United
states, without deduction OF any de-
scrption for improvements or changes
OF any kind.
THAT by and on account OF clerical
error the words per month were omit I
ted in two places. so that the clause ac-
tually reads as follows: yielding and
paying therefor rent at the rate OF one
hundred dollars ($l0O) for the first two
years, one hundred and fifty dollars
ha
years and two hundred and nifty dollars
$3.50 per month for the remainder of
the term. viz. twenty-four years. .
Whereas. in fact it was the inten- |
ton of the parties. plaintiffs and de-
PENDANTS, to have inserted the words
per month in each of said places. and
that the omission of the same permits |
a construction of said lease. which
makes the rental of said premises $50
per year for the first two years and
$3.50 per year for the next succeeding
four years.
THAT the defendants have refused
tn pay the rent of said premises since
the first day OF November, 1901. and
there is now due, owing and unpaid I'M
der said lease the sum of 500. and de-
PENDANTS fradulently. and with intent
to cheat plaintiff, deny any rent Is now
due plaintiff under said lease, but on
the contrary, claim that they have paid
said rent. i. e., 500 for the first two
years"
In addition to these allegations the
bill further alleges that the defendants
have violated the agreements OF the
lease, by falling to adequately have the
buildings protected by fire insurance,
and the plaintiffs ask that the correc-
tions be made in the lease. and that the
lease be declared terminated by reason
OF the failure to get the fire insurance
as agreed
CHINESE SOCIETY TROUBLES.
A writ quo warranto was issued by
Judge Gear yesterday afternoon, at the
instance of Wong Wwai and the officers