The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-10-06

The second annual term of the Su-
preme court, under the act of the last
Legislature providing for such terms
beginning in October, opened this morn
ing with 80 cases on the calendar This
is comparatively small calendar, as
the court nearly cleaned up its busi-
ness before adjourning last July, and
the circuit courts, with only one judge
sitting at d time in Honolulu, have not
been sending up many cases.
Among the most important cases on
the calendar are the two test fishery
cases, S. M. Damon against the Ter
ritory and j. o. Carter ct al against the
Territory. In both these cases Judge
Humphreys threw the plaintiff out of
court. There are rs cases awaiting trial
in the circuit courts, involving the same
points.
The Supreme court Is also expected to
decide in the near future as to the right
of legality of more than one judge hold
ing court at the same time in the first
circuit Judge De Bolt is disposed to
hold that such sessions may be held,
while Gear holds to the view express
ed in the decision by himself and Hum
phreys some months ago, that only one
judge can sit at a time in term matters.
This decision is being followed, but it is
said that if the Supreme court does not
take up the matter and decide it in the
near future, De Bolt and Robinson will
change the practice and return to the
old system.
With Associate Justice Galbraith pre-
siding and Circuit Judges De Bolt and
Gear sitting as Associate Supreme
Justices the Supreme Court this after
noon took up the fishery rights cases,
appealed from Judges Humphreys.
Chief Justice Frear and Associate JUS
tice Perry were both disqualified to
IL
ests which will be affected by the deci-
sion, and the situation, as a cOnse-
quence, is as was described to the Unit
ed States Senate Commission as likely
to develop under the Hawaiian statute,
the case being heard by one regular
sworn member of the court and two
other members of the bench or bar
called to sit with him. This is a law
which the Commission was asked to
have amended if possible.
The arguments are expected to take
over a day, as the issues involved are
very important, 7S suits against the
Territory for the value of private fish
ing rights being dependent upon the
determination of the law. Robertson
81 Wilder appear for the Territory and
Hatch & Silliman for the plaintiffs-ap-
pellant.
Judge Robinson gave ruling on Sat-
uIudy dllGllOOll III lHC "llidblGI VI tie
guardianship of Susan Brash, holding
that j. A. Magoon, who has been act
ing as guardian for about ten years
was never legally appointed guardian
Magoon's actions as guardian and as
administrator were attacked by Fitch
and Fleming, who filed a petition ac-
cusing the guardian of disobeying the
orders of the court, and failing to turn
over money alleged to belong to Miss
Brash. The court held that the ac-
counting had been all right, and that
Magoons authority as administrator
had been legally acquired, but that he
was not legally made guardian.
The Brash estate was disposed of by
the will of William j, Brash probated
in 1880. He named his brother as ad-
ministrator leaving property valued
now at about $4,000 in trust for SusaT
Brash. In 1882 Brash resigned and
Chief Justice Judd made an order ap'
pointing Magoon administrator. The
order making Magoon guardian was in
formal and without any hearing, ant
Judge Robinson held that it was void
and announced his readiness to sign
decree appointing a guardian.
Magoon's last account showed th'
property to be worth $12,900 His man
agement as administrator was approv
ed by the judge, the charges being helC
to be not sustained, and the trust there
fore remains intact, q >