The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-08-23

| petitioner. Upon the death of sait
Cartwright his son. Bruce Cartwright
assumed the administration of the
estate and periodically rendered the
,, Circuit Ccourt certain statements OF
account of his administration
1t is stated that Bruce Cartwright
acted as such administrator by virtue
! of a commission issued to him entirely
without authority of law by Henry
Smith, purporting to act in the matter
as clerk of the Supreme Court, bu'
that he acted entirely of his own per-
sonaI volition without the authority of
the Supreme Court or any other legal
authority.
Bruce Cartwright is there charged
with being careless and negligent in
his administration, more particularly
that for three or more years preceding
1900 he failed TO make returns of the
property to the Government for tax
alton, the consequence being that GER
tain of the lands were assessed excess
siveIy high without the right of ap-
peal.
Then it is charged that while Bruce
Cartwright was administering the es-
tate certain of the heirs at law Of
Holt gave a lease of 1880 acres of
land TO the Waialua Agricultural CO.
for so years to expire December 1, 1913.
at a rental of $500 a year for the first
five years and rental thereafter to
be represented by a certain percent
age of the sugar to be produced upon
such lands. Cartwright is alleged to
have been cognizant of this lease but
made no objection to it's execution, and
to have neglected ever since to collect
any of the rent accrued and to take
any proceedings for the forfeiture of
the lease.
The administrator is declared to
have abandoned all his duties toward
the estate on or about June s. 1900,
transferring the entire business to
Henry Smith, who at that time took
over from him, and assumed posses
sion, custody and control of the secu-
rites, papers. cash, property and eff
fects of the estate.
Henry Smith is represented to have
assumed the duties of trustee by vir-
tue of "a certain pretended appoint
ment' by the Circuit Court, which the
petitioner claims was not a legal ap-
pontment. 1t is declared that Smith
holds securities and cash belonging to
the estate of the aggregate value of
$26. 900 or whereabouts. that he is hand
ling the affairs of the estate and that
he has refused to surrender to the
petitioner "the securities, papers. cash,
lands. effecss and property belonging
to the estate.
Further. it is alleged that the man.
agement of the estate by Henry Smith
has been careless, negligent and
More particularly he is ac-
cused of failure to return the prop
erty for taxation for the years, 1900,
1901 and 1902, with the result of excess
sive assessments without right of ap-
peal. Also, for the years mentioned,
it is alleged he failed and neglected to
compel the lessees of lands to pay their
taxes, whereby the estate is made liza
BILE for the 10 per cent penalty. Also,
he is charged with failure to collect
the interest on certain investments, to
enforce the payment of overdue mort
cages and to collect rent from the |
Agricultural Co. now in ar
ear about $4,000.
Finally, he complains that Henry |
Smith did demise and lease to John |
certain lands at Wahiawa,
or a period of 40 years from May 1, |
S99, at a yearly rental of $4,000. but
has entirely failed and neglected to
ollect any rent under the lease other
han $4,000 for the first six months,
eaving now due and payable thereun-
Ter s35,OOO or whereabouts. 1t is con-
ended that Bruce Cartwright is legal
y responsible for all the acts of Hen
Y Smith in the matter
THE MOTHER WINS.
Argument in the habeas corpus case
esterday morning was succeeded
by Judge Gears decision oral
: made. 1t was to the effect that Jue
iun. the petitioner. was not entitled
D the custody of the two children
reduced in court by the mother. Jung
ling. under the writ, and that the chill
rem remain with the respondent.
Further. the Judge requested Mr..
'outhitt, attorney for the respondent,