The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-05-23
WRIGHT CITED
FOR CONTEMPT
CLAIM THAT HE SHOULD CLOSE
UP ALL THE PRIMO
SALOONS.
JUDGE ESTEE ISSUES AN ORDER
sUMMONING HIM.
A Test Case to Decide Whether The
Honolulu Beer Places May Remain
Open.

Treasurer Wright has been cited by
Judge Estee to appear in the United
tates Court and show cause why he
should not be punished for contempt.
for having violated the Injunction is
sued in the case of Macfarlane ct al VS..
the Treasurer, by allowing the Primo
saloons to continue to carry on business
under the licenses which Estee held to
be void. The order to show cause was
issued this morning, on the presentation
of atiidavits by Nigel Jackson and Emil
Ney to the eeffct that they had bought
Primo beer and seen others buying It.
since the injunction was issued.
The affidavit of j. j. Dunno sets forth
that on April Is the following letter was
sent to Treasurer Wright by himself
and Robertson and Wilder
You the Hereby notified that you are
violating the writ of perpetual iniunC-
ton heretofore issued against vou in
the cause entitled MaCfarlane and com
pany ct al VS. William H. Wright, trea-
su1er of the Territory of Hawaii. and
numbered in the District court of the
United States for the District of Ha-
wall, and that unless you take steps to
cease such violation we shall be com
PEELED to proceed against you. The
particular portion of said injunction to
which, at this time, your attention is
! called, reads thus:
Now, therefore. we do strictly com
mand and perpetually enjoin you, the
said William H. Wright, defendant
above named. as Treasurer of the Ter
ritory of Hawaii, and your successors In
| office and all other persons in any man
ner acting in aid of you or them from
any manner or form, directly or indi-
rectly doing or permitting to be done.
any act or thing whatever, under or
pursuant to the aforesaid chapter of 46
of said session laws of 1888.
Said violation consists in this. that
you are permitting beers manufactured
in Honolulu to be sold at retail in said
Honolulu under and pursuant to GER
tain licenses issued by you under and
pursuant to said Chapter 46 of the said
session laws of 1885, You are hereby
! furthed notified that unless said viola
| ton shall cease on or before April %.
1902, we shall take such proceedings
| against you as we may be advised.
"Nevy respectful Robertson and
Wilder, j, j. Dunno, counsel for Mac
farlane and Company Limited"
TO this letter Wright sent the fol-
lowing answer, as set forth in Dunne's
affidavit.
":Replying to your favor of the 18th
inst, | have to inform you that | have
done nothing in violation of the Injunc-
ton issued in the equity suit of Mac
Ldl ldlle anu company against myself as
treasurer.
Very respectfully. William H..
Wright Treasurer"
Nigel JaCksOn's affidavit tells of his
having made visits to several of the
Primo saloons at different times since
Judge Estee issued the injunction, and
having bought and paid for Primo beer.
He saw the licenses of such places. is
sued under Chapter 46, which Estee
decuared void, on the walls of the sa-
looms. Smil Ney had the same happy
experience.
On the filing Of these affldavits Judge
Estee issued an order to the Treasurer
to show cause why he should not be
punished for contempt. The order la
returnable on June 2.
The case will furnish a test of whe.
ther the Primo saloons may keep open,
in view of Estee's decision. The ac-
! ton is taken to secure a decision on
this point. If Judge Estee should de-
| eide that Wright is in contempt, IL
would mean that all the Primo saloons
would be declared illegally kept open
In the event of their being closed up by
such decision, the Territory would
| probably have to defend a number OF
suits for the return of money accepted
| for licenses. There are % Primo beeI
| licenses out In Honolulu.
Il