The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-09-15

term work, after calling the cases to
, set for trial mentioned yesterday, with
Nthe Chinatown fire insurance cases.
Judge Gear will go on with the GRIM
final calendar, assigning no more cases
] to either of his colleagues. Judge
4 Robinson will hear probate cases at
\ chambers in the morning, resuming
! the Kapiolani -Thurston eject
ment trial in the afternoon.
THE sPRECKELs CASE.
The big real estate lawsuit of Emma
C. S. Watson against Claus Spreckels
came up on demurrer before Judge De
Bolt yesterday morning. Robertson
& Wilder for plaintiff; Kinney NC
Clanahan for defendant. Mr.. Robert
son stated that he thought the de-
murrer we'll taken and asked for ten
days within which to file an amended
complaint. Mr.. Derby of counsel for
the defendant asked that If plaintiff
were allowed ten days, the defendant
have twenty days in which to answer
the amended complaint. The demur-
rer having been confessed. the court
granted time to each side as requested
OPIUM AS POISON.
The legal status of opium as an ar
ticle of commerce in the Territory OF
Hawaii is under submission on briefs
with Judge Gear. Wa Sin appealed
from conviction in the District Court
for selling poisonous drug, to wit,
opium, without a license. For about
twenty years prior to annexation, with
only break of few months between
the opium license scandal of 1885 and
the revolution of 1887, opium was alb
solutely prohibited in the Hawaiian
Islands. It's possession in minutest
quantity made the possessor liable to
heavy penalties. A ship bringing
opium concealed in its permanent
structure was amenable to conhsca-
ton.
When the Territory of Hawaii was
organized, bringing the United States
laws of commerce into force here,
opium became a legitimate article of
trade. This had the natural result of
producing opium joints in profusion.
To suppress the evil, the authorities
had recourse to the law prohibiting
the sale of poisonous drugs without a
license, on the theory that opium is
such drug. Wa Sin incurred fine
for the alleged misdemeanor and ap-
pealed as stated.
Jury was waived the issue being re-
garded as one purely of law. r. c.
Peters, Deputy Attorney General, ap-
peared for the Territory. r. w.
Breckons, U. S. District Attorney, ap-
peared for the defendant, and filed
brief of seventeen typewriter pages.
He had been studying the case for
months. Judge Gear took the. case
under advisement. the Deputy Attor-
new General also filing brief
The contention Of the defense is that
opium is not a poisonous drug WITHIN
the meaning of the Hawaiian stat
utes, and further that interference
with the opium traffic by Territorial
law would be contrary to the Inter-
State Commerce act and the Constitu-
tt =.
TWO SUITS BY DAVIS.
George A. Davis yesterday forenoon
brought a libel suit against the Ha-
waiian Gazette Company, Ltd, claim
ing $25, 900 damages for injured charac-
ter reputation and standing in the
community from the news article in
yesterdays Advertiser about the dis
missal of the Davis Gear proceedings
in the Superior Court of San Jose.
On top of the libel suit Davis sued
out a temporary writ of injunction to
restrain the Hawaiian Gazette Com
pany, it's writer's, workmen, etc, from
libeling him. He swears to his good
reputation and lucrative income as a
lawyer. Judge Gear was disqualified,
being mentioned in the article COM
planned of, to issue the writ OF in
junction. Judge Robinson declined to
touch it, as he was not presiding judge
at chambers that week. Judge De
t1n ty,it mi
yielded so far as to make an order to
the respondent to show cause why 1t
should not be enjoined. This was
tackled upon the injunction paper the
order being returnable at o'clock
Wednesday morning. Davis rushed
the papers to the High Sheriff's office
at 1890 and nothing has been seen of
them since.
COURT NOTES.
There was no evidence for the de-
Tense in the divorce case of Isabella
M. Lowell VS.. Henry Lowell, and Judge
De Bolt granted a decree on the
ground of desertion. ]. ]. Dunno for
libellant; E. A. Douthitt for libellee.
Judge De Bolt confirmed the sale of
real estate in the suit of Mary F.
Foster VS.. Ernest Kaai on the report
of j. A. Thompson, commissioner.
In the equity suit of Lu Kim Woom,
alias Hop Wo Lung, VS.. Henrietta
Fishel. the defendant is allowed ten
days in which to plead, etc.
THE IMMORAL TRAFFIC.
Fukumatsu Dol, under the charge of
importing immoral women, was re-
leased yesterdav on $4,000 bond. Shi-
gunmatsu, who was arrested OH FRI
day, has not yet been brought before
Judge Estee. he two female wit
nesses were released on bonds OF $3.50
each.