The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-05
MAY Be NEW
COMPROMISE
.Estee Reversed in
Pearl Harbor
Case.
Navy Department May
Accept Old
Offer.
Circuit Court of Appeals Also
Renders a Decision in the
Primo Beer Case.

Assistant United States Attorney ].
]. Dunno received cablegram yester-
day morning announcing decisions by
the United Circuit Court of Appeals in
the Honolulu Plantation Co. case and
the Prime Beer case.
Judge Estee was reversed in the case
of United States vs. Honolulu Planta-
ton 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. A new
trial is ordered and special jury will
probably be called to determine this
case.
The following is the cablegram:
SAN FRANCISCO, Cal, May 4.-To
Assistant District Attorney Dunno,
Honolulu: Honolulu plantation judg-
ment reversed. Error admitting testi-
rnony capacity mill and pumping plant
anu Specially tract To plduldllOll
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
COR the delay in the work |
1t the naval station. In the first case
he Honolulu Plantation Co. was
awarded damages of $105.00O by the |
ury, from which an appeal was noted
~ the United States. Then Judge Es-
ee granted a new trial after the de-
endant had refused to accept the val
Iation of $4,000 fixed by him for the
and. At the second trial the jury
warded total of $102, 900 from which
second appeal was noted. Judge Es-
ee refused new trial and afterwards
lise and the sum of $780, with some
onditions was agreed upon. This COM
romise, arranged by Admiral Merry
nd United States Attorney Dunno, was
efused by the Navy Department, and
ne appeal was pushed with the result
9 noted above. 1t is possible that a
may now be arranged be-
veen the land owners and the United
tates, as one of the main reasons for
sfusing the first one was the fact that
lie work would be delayed in any event
5 an appeal was pending in one of the
earl Harbor cases, by the Bishop Es- =
tie. 1t is said that the agreement as
,nsummated here would have been ac-
,pted but for that reason. and as the
ishop Estate appeal has been with
-awn the old compromise may be put P
trough.
In the beer case, the proper title of {
hich is Macfarlane & Co. ct al. VS.. w.
Wright, Treasurer, the decision is
no value because the legislature has
nee passed a new law to take the I
ace of the one which Judge Estee de- =
AIRED to be unconstitutional and void. :,
The wording of the cablegram is pc +,
liar and leaves some doubt as to 81
neither the court here was reversed or y
stained. The cable reads appeal n
smissed,'' which would indicate that n
ere had been a reversal But further
aiding indicates that Judge Estee also L
as without jurisdiction. Captain Pond
Mt the cable and it may be that the
Sc was dismissed instead of the ap-
al 1t doesn't make much difference
lat the decision is, as it will not af- L
It local saloonmen. since the Primo
,er saloons are already closed and
n get new licenses under the law
st passed by the legislature. l.