The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-17
THE KhMALO
CASE AGAIN
May Go to United
States Supreme
Court.
ANOTHER FIGHT
ON JURISDICTION
Appeals Taken from Judge Dickey
in Roek-t throwing Case-Cir-
cult Court Notes.

| Another protest against Judge Hum
phreys hearing further evidence in the
Kamalo case was filed yesterday in the
| Circuit Court. When the motion was
| called up in the morning to set the
case for hearing the respondents OBJ
| jected to Humphreys taking jurisdic-
! ton, and the matter finally went over
until today. The respondents wanted
the record kept straight, because they
intend to carry the case to the United
States Supreme Court.
PLEA TO JURISDICTION.
The following is the plea to jurisdic
ton filed yesterday afternoon;
Now comes Frank Hustace, John J.
Egan and Frank II. Foster, respond
ents, and confessing the jurisdiction
of the Honorable A. S. Humphreys,
presiding in the above entitled court in
equity of the subject matter of the
controversy involved in this action,
nevertheless say that heretofore, at a
date anterior to October II, 1901, the
said Honorable A. s. Humphreys heard
the above entitled cause upon the bill
and amendment, and rendered a final
decree covering all of the issues of
fact involved in the bill and in the
amendment, and thereafter upon May
l. 1901, an appeal was noted to the
Supreme Court of the Territory of Ha-
wall; that thereafter. to wit, on Octo-
Der -. 1901. the said appeal was sub
mitted to the Supreme Court for de-
ciSion, and a decision was therein rem
dered on November S. 1861, by which
decision the decree heretofore render
ed upon the original bill of complaint
and the amendment thereto by the said
Honorable a. S. Humphreys, was re-
versed and the cause remanded to the
circuit judge OF the First Judicial Cir
cult, with instructions to receive such
evidence as might be offered under the
to the pleadings, and for
such other proceedings consistent with
the views expressed as might be prop
er. That hereafter the said Honorable
A. s. Humphreys declined to proceed
further with the consideration of the
matters involved in said cause for the
reason that he had already tried all
of the issues of law and fact raised
by the pleadings, original and amenda-
tory, and had expressed his opinion of
the evidence, and had passed so far
as he was capable and his incIinations
and Judgment might be led, an opin- |
ion upon the merits Of the whole con-
troversy. wherefore, and by reason of
the premises. the above named re-
spondents say that the above named
A. s. Humphreys is in per /
son disqualified from further hearing /
in said cause, and pray that such or !
der may be made in the premises as
shall be appropriate to the plea, mean |
nS thereby that so far as the Honora- :
ole a. s. Humphreys sitting as judge
equity and at chambers has power
n the premises he is, by reason of the
aforesaid acts. forever barred. and
[our respondents herein Will ever
oray"
ORDERED TO OBEY.
The writ of mandamus to compel
to act in the matter. was
lied yesterday by the attorneys, and
signed by the Supreme Court. After
Getting the acts leading up to the
the order says
Whereas, afterwards to wit. at the t
anne session of this court last afore-
aid upon consideration of your said
eturn and of the cause shown by YOU
herein against the said rule being {
1ade absolute. and against the award !
ng and issuing of the said writ of !
landamus, and upon consideration of t
ne arguments of counsel. as we'll on |
our behalf, showing cause as afore-
aid as on behalf of the said plaintiffs
support of the said rule 1t was con-
dered by this court that you had GER
ned and returned to the said court
insufficient cause for having re-
iseu TO receive such evidence as
ilght be offered under the amend
ients to the pleadings in said action. =
nd to take such further proceedings
may be consistent with the views
oppressed in the aforesaid decision of
lie court and against the awarding
nd issuing of the said writ of man
anus pursuant to the rule aforesaid:
nd II was also then and there con- |
dered by. the said Supreme Court.
at the peremptory writ of the Terri
~ OF Hawaii issue, requiring and
you, the said judge of the Il
Id Circuit Court, First Judicial Cir
lit, to receive such evidence as may