The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-05-23
DAVIS AND
HIS FEE
Nobregga Case in
Supreme Court
Again.
MURDERERS BEFORE
CIRCUIT COURT
Porto Ricans Must Obey Law.
Appeals-Lishman WilI-The
Tramways Case.

George Davis viii have to fight for
the fee OF $1,000 allowed him by Judge
Gear in the Nobregga divorce case. No
tice of appeal to the Supreme Court
was filed in the Circuit Court yester-
day, being the third time the matter
has been before the highest tribunal
within the past six months.
The first two appeals were by Syl-
vano de Nobregga. the husband who
twice had the alimony fixed by Judge
Gear reduced. Now the wife, Libana
de Nobregga, objects to the decree OF
Judge Gear in which Davis is allowed
one-fifth of the $4,000 alimony. The no
tice of appeal was filed yesterday by
Andrews Peters and Andrade. The or
der of Judge Gear specifies that the
$1,000 fee was in accordance with an
agreement in writing. but this is evil
IDENTIFY questioned by the filing of an
appeal.
THE TRAMwAYS CASE.
Judge Gear heard the case of ]. II.
Boyd VS.. Hawaiian Tramways Co. on
its merits yesterday afternoon and will
render a decision this morning. In
the event of a ruling unfavorable TO
the defendant. which is anticipated, an
appeal TO the Supreme Court, and then
to the United States Supreme Court
will be taken, as Pain is determined to
test his right to use electricity on~his
cars once and for all. r. w. Breckons
appeared for Pain and Robertson rep
resented Boyd. Pain was the only wit
ness on the stand; and several letters
passing between him and Minister
King concerning the King street girder
rails were read in evidence. Pain tes-
tilted that he had been manager of the
Tramways for thirteen years. and dur
ing his MANAGEMENT extensions had
been made at Waikiki and Moanalua.
He said that the girder rails were laid
in September, 1899. a week after they
had been authorized by the Minister OF
the Interior, and that plans for the
double track had been approved by the
Executive Council. The letters pro-
duced by Chief Clerk Wright of the
Department of Public Works showed
no specific authority to have been
granted to lay the rails. but that Pain
had asked permission and no objection
was MADE. Pain explained that girdeI
and groove rails were the same, ex-
cepting that the girder was the heavier
and could be used either for electric OF
! horse cars. Breckons offered no de-
Tense.
| Breckons argued the case briefly, con
| tending that the Territory had given
the right to lay the double track anc
could not now come into court and ASK
its removal Robertson objected to the
statement that the evidence showed
that authority had been given.
Nothing is palmer" replied Brock
ons. 1T seems to me that il authority
is asked. and you go and stick a girdel
rail under the Ministers nose, and he
makes no kick, but says go ahead, thai
| II Is pretty plain. There has been nG
objection for three years.
| THE evidence didn't show anything
of the kind" replied Robertson rather
| warmly.
| 1T was easy enough TO see that,
| said Breckons.
| But the letters didn't show it," in
sisted Robertson.
| II guess the Territory officials mus
have thought We wanted TO sell then
some old scrap iron, when we showe'
them that rail-"
Breckons contended further that tn
real point at issue was the right o
To