The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-08
THE COURTS REMARKS.

Subscribed and sworn to before me
this 9th day of March. A. ID. 1902.
THE COURTS REMARKS.
Mr.. Hankey stated that after the
case had been set down for hearing
the dismissal would have been barred
which was the reason for the motion
for this time.
Without waiting for any further sug-
gestions, Judge Humphreys began:
1 think it may be conceded as elemen-
tary that the compliments in a bill in
equity have control of their complaint
even after the answer has been filed, and
that the dismissal of such bill lies almost
wholly in their pleasure and discretion
When however, a petition is filed re-
ouesting the appointment of a receiver
for a corporation, and the defendants an
swer and join in the request that the
receiver be appointed, after such appoint
ment is made, the dismissal of the bill
would not, 1 apprehend, relieve the re-
ceiver of any responsibility, or duty or
power which he may possess under his
appointment. Parties may dismiss their
bills but the attempt to dismiss the re-
ceiver is an attempt to dismiss the court
and cannot be done except with the con-
sent of the court. Very many matters,
as far as L have been able to carry them
in my head from the reading of the affi-
davit attached to the motion herein are
true. and It will be the pleasure of the
court to sign an order approving the dis
missal of the bill, and discharging the re-
ceiver upon the payment of his proper
costs and disbursements and such rea-
sonable compensation as the court may
award him in this behalf.
The Court desires to state, with refer
ence to the statements which have been
made in regard to the receiver, that some
three or four days prior to the filing Of
III q Gfa Tod IN of he
newspapers that Mr.. S NJ. Damon would
either be appointed receiver or would die
tate the appointment of a receiver, this
court desires it to be distinctly under
stood that neither Mr.. 5. NJ. Damon nor
any other individual in this community
can ID lctate to this court an appointment
which is in the discretionary power of
this court to make. All the paupers in
this community, and all the bankers in
this community, either singly or COM
bined, cannot dictate to this court. L
am responsible TO my consc ence and the
power which appoints me for the faith
full and proper discharge of my duties,
and 1 will account to my conscience and
the powers appointing me alone, and not
to the paupers or bankers of this COM
munity or TO the gentlemen OF the bar
Now when gentlemen of the bar, or
paupers or bankers, think they can die
tate TO this court on any such matter.
they VIII find they are reckoning without
their host. The court is neither the back
room of a bank nor an appurtenance of
a sugar plantation.
In view of all the comment which has
been made on this matter the court
deems it due to itself that 1t should
make these observations.
a. S HUMPHREYS.
First Judge.
Dated March Z, 1902.
FINAL ACCOUNTING.
In the afternoon. which was the time
set for the hearing Of the account of
the receiver. and the fixing of the fee,
Mr.. Dillon appeared in behalf of Mr..
Wundenberg and presented the follow
ing accounts:
Amount of bill, Levers & Cookies 80 90
Amount bill, NJ. W. McChesney &
Amount bill. Hawaiian Navigation
Co. OBSERVATION-DISCLOSURES. i 90
Amount bill. Hawaiian Hardware
Co. 80 %
Amount bill. Hawaiian Hardware -
Co. ...................... 194 10
Amount bill, Cation. Mel & Co. e. s51 10
c edit given by H. Hackfeld & Co.
at Kailua, Feb. 18th .............. 1900 60
Credit z ven by H. Hackfeld & Co.
at Kailua. March 4th .............. 300 %
Passage of self to and from Kona. 20 90
Board and lodging at Kona ........ Y 90
Total Observation-Disclosures. s5O1 50
ORDER Is MADE.
Mr.. McClanahan and Mr.. Lewis were
the only attorneys present at the hear
ing and they made no objection 10 the
allowance OF the items specified Judge
Humphreys went over each item sep