The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-12-29
FORMIDABLE
BRIEF FILED
The MouIdy Story
Of Wailuku
Water.


cial and Sugar Co. VS.. the Waikiki
Sugar Co. 1t contains 1903 pages. There
Is a note of complaint in the following
passages at the beginning:
This suit arises upon a bill for an
injunction. No other relief Is sought
or asked for. Any relief. IL granted,
must be by way of injunction against
| all or part of the acts of the defend
ant which are complained of by plain
| tiff in it's bill.
1T is not proceeding to adjust and
determine the rights of the various
parties interested in the waters OF
the Waikiki river.
1T will be noted that the plaintiff
has elected to bring proceedings In
equity rather than before the Water
Commissioner, whose jurisdiction has
been made extremely broad in the MAJ
ter of determining and adjusting con-
ficting claims to water"
1t is claimed that the first question
| to decide is: Has the defendant gone
outside of it's rights" And: "lf ii
has not, that is all there Is to it. The
bill should be dismissed"
In conclusion the brief submits as a
most significant fact that no native,
Chinese or Japanese taro growers had
connected, themselves with this suit.
''They had abundant opportunity to
join in, but not one has taken hand.
| 1t clearly marks the character of the
] suit 1t is suit to break through the
defense of the Wailuku plantation and
| to weaken and cripple 1t in some way
or other to secure a share of its water
LUNALILO ESTATE AFFAIRS.
Judge De Bolt confirmed the reports
of George Lucas, master, on the list
and 22nd annual reports of the trus-
tees of the Lunalilo estate ana APP
proved the accounts excepting an over
charge of commissions in the 21st re-
port. The master was allowed "A fee of
800. Receipts of last year, including
a balance of $3913.SS at the first, We're
$51, 99620 and payments 5,46647. a
balance of $3122.75 on debt owed by
S. f. Graham, who was formerly in
the stables and feed businesses
here, was charged to profit and loss.
After all of his real estate had beel
sold under foreclosure, Graham left
the country and has not since returned
Before leaving" the report says, "he
stated his intention to return and
promised to pay, but there is no longer
any use in waiting for him.
On August /, 1902, the trustees held:
Bills receivable. .............. $201, 51S.9 5
o. r. & L. Co. bonds. ......... 24,0O0.00
Cash. .................. 3,913.SS
Total. ....................$22 1928, 432. So
On August /, 1903, they held:
Bills receivable 1884, 070. 90
o. r. & L. Co. bonds. ......... 100000
Oahu Sugar Co. bonds. ....... 100000
cash. Observation-Disclosures. 6,529.I3
Total. ACKNOWLEDGEMENTS 3, 1913
This shows deficiency from last year
of $5,S33.l0, which is thus accounted fors
Graham loss, $3122.75; loss on note Of
the late Henry Williams, 1915; balance
of expenses for year over receipts,
$1735.35. one cause of the excess of eE-
penses was the larger number of in
mates at the Lunalilo Home, with
greater proportion of helpless patients,
and another the failure to obtain inter
est on the Schmidt loan of $35, 600 and
the Vasconcellos and silva loan of Sl5,-
600.
The Lunalilo Home last year cost
81, 69607.
THE LAND COURT.
Petitions for registration land titles
have been received in the Land court
from the Pulehu, the Kula, the Kalia-
linui, the Kailua and the MakawaoI
plantation companies of Maui, repre-
senting a total OF 5000 acres. These
are the corporations lately organized in
connection with the Kihei Plantation
Co.'S affairs.
PROBATE MATTERS.
John A. Cummins has petitioned to
be appointed administrator of the
estate of Kahalewai Cummins, who,
died intestate leaving land in Pauoa
valued at $1,000.
Judge Robinson has appointed Tho
mas Paine Harris guardian of the five
minor children of himself and wife,
Kate S. Harris, without bond.
COURT NOTES.
In the partnership suit of Albert |
Barnes VS.. Charles r. Collins, the de-
PENDANT by his attorney, William Il. |
Rawlins, has filed an appeal to the
Supreme Court from the decree of
Judge De Bolt.
Judge Robinson, in accordance with
the Supreme Courts decision, has
made a decree Diminishing the equity
suit of Henry Smith VS.. Sanford b.
Dole, Governor OF the Territory of
Hawaii. and Mary A. S. Rose
Defendant in the ejectment suit of
Cecil Brown VS.. J. w. A. Redhouse has
filed bond in $500 on his motion for
a new trial. The appeal is from n
directed verdict for plaintiff for pos
session of the premises, $500 damages
and costs. C. w. Ashford for defend
ant.
In Leong Yick Co. vs.. Hee Fat, Judge
Robinson ordered the plea in abate-
nent to stand submitted on briefs.
Ashford for plaintifr; Douthitt for de-
,endant.
Judge Robinson set the motion for a
new trial Of Harrison VS.. Magoon ct al,
Tor 1880 p. m. OF Dec. 81.
Jury IL waived in sotara Takchi VS..
Honda and Motosuke Mu-'