The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-12-11
JURISDICTION
IS DECLINED.
The Election Case
Is Thrown Out
Of Court.

The Supreme Court unanimously de-
clines to take jurisdiction of the Coun-
ty Election contest. Its opinion, writ
ten by Chief Justice Frear. shows that
the Organic Act repeats the provision
of the old Hawaiian laws which refer
red contested elections to the Supreme
Court. This is in accordance with a
statement made by the Advertiser
when this contest was threatened.
which some men of legal wisdom were
good enough to characterize as non
sense.
THE LAW DEFINED.
Following is the syllabus Of decision:
I'm view of Secs. 454-i55 of Act 81,
Laws of 1903 Uhe County AcD, which
provide for contests of county elections
in general by candidates and in Circuit
Courts, such contests cannot be insti-
tuted by electors or in the Supreme
Court.
I'm Secs. 465-466 of said Act, which
make all of the provisions of law APP
plicable to the first county election,
those words refer to provisions of law
other than those contained in that Act
itself, and not to Secs. 454-455 of that
Act, which provide for contests of
county elections in general by candi-
dates and in the Circuit Courts.
Section 100 of the rules and regula-
tions for holding elections was repealed
by the Organic Act in so far as it made
the decisions of Inspectors of Elections
as to the validity of ballots subject to
revision by the Supreme Court.
Section and following sections of
Act of the Laws of 1S94-5 &C. L.,
Sec. 1902 ct seq.) relating TO contests
of elections in the Supreme Court, re-
lated to legislative elections alone and
were repealed by the Organic Act.
1.-THE provisions of law which former
ly gave to the Supreme Court jurisdic-
ton in election cases, having been re-
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 ap-
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
under which the statute
was enacted"
LESSEES PAY TAXES.
A unanimous opinion of the Supreme
Court was rendered yesterday on a
submission of facts in which Oahu
& 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
out is responsible to the Territory for
he assessment of the lands each as n |
whole. Justices Galbraith and Perry, |
with Circuit Judge De Bolt as SUBJ
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 |
and dismissed without |
prejudice the case of Cecil Brown vs.. |
!. w. A. Redhouse. PLAINTIFF in per-
on; C. w. Ashford for defendant.
In the case of ]. II. Schnack VS.. Dick
1elenuhi ct al, with o. Il. & L. Co.,
;arnishee, Judge Robinson gave judg
nent for plaintiff for 500, and in favor
If defendants Willie and Daniel Hele-
luhi for their costs, the garnishee be-
ng discharged. j. A. Matthewman for
plaintiff C. f. Peterson for defendants
md garnishee.
JURY FOR JANUARY.
Judge De Bolt has issued a venire to
he High Sheriff for twenty-six Jurors,
eturnable before him on January IS.
The first two weeks of the January
ERIN he will hear jury waived cases.
The present jury in Judge DE Bolts
curt is excused until Monday next.
GRAND JURY.
The Territorial grand jury was in
ession yesterday. 1t was investigat-
1g criminal cases from the police de-
artment. DR.. Hubert Wood of Wal
lua was witness in Japanese homi-
ide case, The House vouchers matter
as not yet been taken up.
JONES MURDER TRIAL.
Witnesses called for the defense of
dward NJ. Jones yesterday included a
umber of his schoolmates. who testi-
ed to morbid and sullen character
lsplayed by him in boyhood. In the
fternoon there was a legal contest .
YER the admissibility of certain evil
ence, and witnesses were called upon '
lie point In the absence of the jury. {
APPEALS TAKEN.
The Bank of Hawaii, Ltd, by writ
error, appeals to the Supreme Court
ON Judge De Bolts decision making I
lie plaintiff liable as garnishee for the l
Mount OF judgment in Parke vs.. ,
ithcart.
The defendant has appealed from the
rvs verdict for the plaintiff In the
1T of Henry Smith vs.. Hamakua 1
III Co., tried before Judge De Bolt.