The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-05-05
MAY Be NEW
COMPROMISE
Estee Reversed in
Pearl HarbOr
Case.

Assistant United States Attorney j
]. Dunno received a cablegram yester-
day morning announcing decisions by
the United Circuit Court of Appeals in
the Honolulu Plantation Co. case anC
the Prime Beer case
Judge Estee was reversed in the case
of United States VS.. Honolulu Planta
/ tion Co. and a new trial is ordered
! Appeals in this case were taken both
| by the plaintiff and the defendant, but
it is the appeal of the United States
upon which Estee is reversed. new
trial is ordered and a special jury will
probably be called to determine this
case
The following is the cableg1am:
SAN FRANCISCO, Cal, May 40
Assistant District Attorney Dunno,
Honolulu: Honolulu plantation judg
ment reversed. Error admitting testi-
mony capacity mill and pumping plant
and specially, value tract to plantation.
Remanded new trial. Jury trial up
held. Ross, judge. Have notified De-
partment. License case appeal dis
missed. lack of jurisdiction on consti-
tutional questions. POND.
There have already been two trials
of the Pearl Harbor case which were
responsible for the delay in the work
at the naval station. In the first case
the Honolulu Plantation Co. was
awarded damages of $685. 900 by the
jury, from which an appeal was noted
by the United States. Then Judge Es-
tee granted a new trial after the de-
PENDANT had refused to accept the val
uation of $4,000 fixed by him for the
land. At the second trial the jury
awarded a total of sl02, 900 from which
a second appeal was noted. Judge Es-
tee refused new trial and afterwards
an effort was made to secure a compro-
mise and the sum of 500 900 with some
conditions was agreed upon. This COM
promise, arranged by Admiral Merry
and United States Attorney Dunno, was
refused by the Navy Department, and
the appeal was pushed with the result
as noted above. 1t is possible that
compromise may now be arranged be-
tween the land owners and the United
States, as one of the main reasons for
refusing the first one was the fact that
the work would be delayed in any event
as an appeal was pending in one of the
Pearl Harbor cases, by the Bishop Es-
tate. 1t is said that the agreement as
contaminated here would have been ac-
cepted but for that reason, and as the
Bishop Estate appeal has been with
drawn the old compromise may be put
through,
In the beer case, the proper title of
which Is Macfarlane & Co. ct al. VS. w.
II. Wright, Treasurer. the decision is
of nd value because the legislature has
since passed n new law to take the
place of the one which Judge Estee de-
clared to be unconstitutional and void.
The wording of the cablegram is pc
culiar and leaves some doubt as to
whether the court here was reversed or.
sustained. The cable reads appeal
dismissed" which would indicate that
there had been a reversal. But further
reading indicates that Judge Estee also
was without jurisdiction. Captain Pond
sent the cable and 1t may be that the
case was dismissed instead of the APP
peal 1t doesn't make much difference
what the decision rs, as it will not af-
feet local saloonmen, since the Primo
Beer saloons are already closed and
can get new licenses under the law
just passed by the legislature.