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

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
to 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, l. 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 failing to adequately have the
buildings protected by fire insurance,
and the plaintiffs ask that the correc-
tons 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.
writ quo warranto was issued by
Judge Gear yesterday afternoon, at the
instance of Wong Wwai and the officers
OF the Chinese Society, elected by the
Consuls party, to compel c. K. All, the
Bow Wong president of the society, to
turn over the books of the corporation
TO them The plaintiffs allege that c.
+. All and the remaining officers have
usurped their positions and that leach
L.. H.
and wrongfully are exercising the pow
ers and the duties of the rightfully and
duly elected officers of said society,
your petitioners. and that said defend
ants are in possession of the books and
appurtenances of said offices without
the consent of your petitioners
The writ of quo warranto, signed by
Judge Gear yesterday, commands the
defendants to appear before him at 10
O clock in the morning of April 10th, to
show BY what authority they are now
acting as officers of the said United |
Chinese Society.
THE BERTLEMAN WILL.
The Supreme Court is asked to con-
strue the will of the late Christian Ber- |
tleman under an agreed submission /
without action made yesterday. The
in controversy is on Kauai, /
for $4,000 a year. F. G. Bertleman and !,
H. G. Bertleman. the sons, claim two
thirds of the estate, while on the other
hand, it is claimed they are entitled to
but two-ninths. Mrs. Harry Mossman,
Mrs. VIM. Smith. Mrs. Wilbur Hall and
Mrs. Andrew Bannister claim they are
entitled to four-ninths, while the re-
three ninths, it is admitted,
goes to the widow, Mrs. Susan kahi-
lima. The will provides that $4,000 a
year be paid to the widow during her
lifetime. the remaining $4,000 per year
income from the lease going to the
children. Each of the legatees are Civ
en- other property on condition that it
De not sold outside the family. When
he twenty-five years lease with the
xilauea Sugar Co. expires, the sons
ire given a right to take possession of
The land upon payment of $4,000 to each
u the remaining children. Under this
,lause they claim the two thirds inter-
st. Because of this submission to thel
supreme Court, the case of F. C. Ber- {
leman VS.. F. M. Brooks is discontinu-
d.
COURT NOTES
Application was made yesterday for
he appointment of a guardian for the
minor children of James r. Holt, de-
eased. The estate is represented as .
alued at $4,000, of which the yearly
ncome is $500.
Default and judgment was entered
or plaintiff yesterday in the case of
Bishop & Co, VS.. H. L. Evans ct al
ebt.
S. K. Ke-ne yesterday filed his final
counts in the matter of the estate of
YIN. Charles Markham. His sotal re-
eipts amount to $1679.4S, and his ex-i
enditures were S147.31.