The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-02-11
BROWN WINS
HIS CASE
Can't Be Fooled
Out of John Ii
Estate.
Judge Gear Enjoins the
Enforcement of
Bylaws.
Col. Fitch and His Fee Causes a
Little Stir in Court--Sisned
Receipt.

Judge Gear yesterday granted an In
junction restraining the stockholders of
the Ii Estate, Ltd, from enforcing the
bylaws recently passed which restrict
ed the powers of c. A. Brown, the man
ager. The decision was given by the
court at the conclusion of the trial of
the case of c. A Brown ct al. VS.. A.
w. Carter, Trustee, ct al. Evidence
for both sides was heard for the great
err part of the day, and almost at its
conclusion Judge Gear stated that he
did not believe any of the evidence, to
be material and offered to strike it out.
To this, objection was made and the
testimony already taken was not dis
turbed. c. A. Brown, ]. A. Magoon
and A w. Carter were on the stand,
testifying principally as to Browns
management of the Ii Estate. Carter
related several instances where
Browns presence was required and he
was away, and these statements were
combated by Magoon, who testified
| that he was acting for Brown with the
assistance of Carter. The court held
| that he had nothing to do with the
facts as to Browns absence from the
Territory or as to whether he perform
ed his duties or not. He suggested
that the only point involved was as to
the right of the stockholders to pass
the bylaws that they did.
''This is pure question of law"
said the court in granting an injunc-
ton. ST see no reason why Brown
should be retired from his office as
manager, nor do think this an action
to put him out of office. had some
| doubts as to the validity of the char
ter under which this corporation is act
ing, but this has not been gone into,
and no opinion was expressed by either
counsel. AS that matter was not
pressed 1 see no reason for passing up
on it. There is no doubt in my mind
however that the bylaws in question
are inconsistent with the charter of the
corporation. The charter is an unusual
charter, but it seems to have been
granted by the Territory, and it gave
to c. A. Brown certain rights of man
agement, and position from which he |
one-third of the stock.
1.-THE bylaws if they are not consist
ent with the charter must fall. I see
no reason for changing my previous
opinion that the bylaws are inconsist-
ent, and that Browns position would
be seriously injured if they were put
into effect. He has the right to enjoin
the execution of the bylaws and I will
grant an injunction restraining the de-
PENDANTS from acting under these by
laws"
FITCH AND A FEE.
Col. Thomas Fitch appeared yester-
day before Judge Gear on an applica-
ton for fee of 5000 for the services
Of Judge Highton and himself in the
case of Carter VS.. Carter and others
in the Supreme Court. On cross ex-
by Alex. Robertson the
stated that he was appointed
guardian ad Item and tried the case
n the Circuit Court before Judge Gear,
or which he was allowed and paid a
zee of 5000 by consent of all the par
les, but that the services for which he
low asked compensation were perform
ID by Judge Highton in the Supreme il
court. did you not" said Mr.. Rob-
rtson, "agree that this 5000 should in
lude services in the Supreme Court?" P
moi CndT L remember, Sdlu COl a
itch. IF 1 made any such agreement 6
have forgotten it, or else L would not
make this application
rs this your signature?" said Rob L
rtson, handing a paper to Colonel e
itch. q,
The Colonel read it without specta-
les Yes" said he, cit certainly is. y
tut this is a receipt dated September. n
}O1, for all services rendered and to tt
e rendered I hardly think that it in
as intended to apply to possible SER
ices in the Supreme Court, for the "
ecision was not made until April III
,02. and how could 1 or any of the OF
her counsel be supposed to know that in
lie decision would be such a one as =,
lybody would wish to appeal from
Mess upon the theory that one side oI
, the other would be sure to appeal pe
ON any decision rendered by Judge
ear. was on the mainland when the G
.cision of Judge Gear was made and -
r. Fleming, who was in my office, ap-
,aled at the request of the Trustee,
id when the appeal came to a hear
g last fall 1 was again away and
ldge Highton argued it for me. 1
ink that the money was fairly earn -
and should be allowed. At the same 80
me it is true that I signed this re- al
iDC. ana InaI II hight NC 1Oiioti 49, ~
TO an agreement to argue the case st
the Supreme Court if it should ever -
there II,
and I want to say" added Col. Ii
Itch. that if counsel who are con- to
sting this allowance had had the tn
urtesy and candor to show me this ON
ceipt before the hearing of this ap-
ication. 1 should have dismissed the ca
after on my own motion" Ito;