The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-11

pealed, were not made applicable to
the first county election by the pro-
vision of the County Act that all of
the provisions of law should be SO APP
plicable.
In constituting a doubtful statute, the
court may take into consideration the
title of the statute, the context, other
statutes in pari materia and the cir
cunstances under which the statute
was enacted
LESSEES PAY TAXES.
A unanimous opinion of the Supreme
Court was rendered yesterday on
submission of facts in which Oahu
Railway & Land Company was plain
tiff, and Eva Plantation Co. and Ka-
huku Plantation Co. were defendants.
The question was whether the planta-
ton companies as sub-lessees of the
Campbell estate lands worked by them
should pay the taxes on the lands. 1t
is answered in the affirmative. With
regard to the claim of defendants that
if they were liable for the taxes their
interests in the lands should be asses
sed separately, the court says the as
SCISSOR is under no obligation to con-
slider their agreements with the lessee
but is responsible to the Territory for
the assessment of the lands each as
whole. Justices Galbraith and Perry
with Circuit Judge De Bolt as sub
stitute for Chief. Justice Frear, dis
qualified, heard the case, Justice Perry
being author of the decision.
JUDGMENTS BY ROBINSON.
Judge Robinson sustained the plea to
Jurisdiction and dismissed without
prejudice the case of Cecil Brown VS..
J. w. A. Redhouse. Plaintiff in per-
| son; c. w. Ashford for defendant.
In the case of J. II. Schnack VS.. Dick
| Helenuhi ct al, with o. r. & L. Co..
garnishee. Judge Robinson gave judg-
| rnent for plaintiff for s22. and in favor
of defendants Willie and Daniel Hele-
nuhi for their costs, the garnishee be-
| ing discharged. J. A. Matthewman for
| plaintiff; C. F. Peterson for defendants
| and garnishee.
| JURY FOR JANUARY.
| Judge De Bolt has issued venire to
| the High Sheriff for twenty-six jurors,
| returnable before him on January Is.
/ The first two weeks of the January
term he will hear jury waived cases.
| The present jury in Judge De Bolts
court is excused until Monday next.
i GRAND JURY.
/ The Territorial grand jury was ir
session yesterday. It was Investigate
ing criminal cases from the police de-
partment. DR.. Hubert Wood of Wal
alua was a witness in a Japanese honni
4 eide case. The House vouchers matter
4 has not yet been taken up.
i JONES MURDER TRIAL.
1 Witnesses called for the defense o.
Edward M. Jones yesterday included {
number of his schoolmates, who testi
fed to a morbid and sullen character
displayed by him in boyhood. In th'
4 afternoon there was a legal confess
over the admissibility of certain evi
a dence, and witnesses were called upor
the point in the absence of the jury.
i APPEALS TAKEN.
i The Bank of Hawaii, Ltd, by writ
of error, appeals to the Supreme Court
from Judge De Bolts decision making
the plaintiff liable as garnishee for the
amount of Judgment in Parke VS.
Cathcart.
The defendant has appealed from the
jury's verdict for the plaintiff in the
suit of Henry Smith VS.. Han1akua
Mill Co., tried before Judge De Bolt.
| DISCoNTINUANCEs.
The action to enforce materialman's
lien of the A. Harrison Mill Co., Ltd.
VS.. f. M. Swanzy and F. II. Redward
has been discontinued.
i Levers & Cooke, Ltd. VS.. J. w. Red.
house. suit for $367.63, is discon-
tinued.
Minnie Locke Jeffs has discontinued
her divorce suit against Harold Jeffs.
/ PROBATE CASES.
Judge Robinson approved the mas
ter's report by M. T. Simonton on the
second account of f. w. Macfarlane
trustee under the will of Adelia Corn.
well. The report found the account
correct and recommended that it bt
allowed. Receipts were $975166 ant
$31.29 due the trustee.
4 Frank c.. Anterior, executor under
the will of DR.. Alexander M. Anterior
has filed an inventory showing tht
value of the estate to be S23, S4S.04.
/ COURT NOTES.
Defendant in the suit of Wilmerding
Loewe Co. VS.. Lawrence H. Dee has
made an answer of general denial tt
the amended declaration of plaintiff.
A suit to foreciose mortgage has beer
1 entered by the trustees of the estate OF
5. c. Allen against Jose G. Henriques
The woman Importation case, the
first jury trial before Judge Dole, i:
still on in the Federal court.