The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-25
FORMIDABLE
BRIEF FILED
The Mouldy Story
OF Wailuku
Water.
LunaliIo Estate Affairs
Show Some Losses
Last Year.
Business in Land Court Pui Ad-
mits His GuiIt-Pilot Loren.
zen's Suit for Salvage.

A brief for defendant has been filed
by Kinney & Mechanism in the water
controversy of the Hawaiian CONNER
cial and Sugar Co. VS.. the Wailuku
Sugar Co. 1t contains 103 pages. There
is note of complaint in the following
passages at the beginning:
This suit arises upon a bill for an
injunction. No other relief is sought
or asked for. Any relief, if granted,
must be by way of injunction against
all or part of the acts of the defend
ant which are complained of by plain
tiff in it's bill.
determine the rights of the various
parties interested in the waters of
the Waikiki river.
1T will be noted that the plaintiff
has elected to bring proceedings in
equity rather than before the Water
Commissioner, whose jurisdiction has
been made extremely broad in the MAJ
ter of determining and adjusting con-
flicting claims to water."A
1t is claimed that the first question
to decide is: Has the defendant gone
outside of it's rights?" And: IF it
has not, that is all there is to it. The
bill should be dismissed
In conclusion the brief submits as a
most significant fact that no native,
or To- far h.a1
connected themselves with this suit.
''They had abundant opportunity to
join in, but not one has taken a hand:
1t clearly marks the character of the
suit. 1t is a suit to break through the
defense of the Wailuku plantation and
to weaken and cripple it in some way
or other to secure a share of it's water
LUNALILO ESTATE AFFAIRS.
Judge De Bolt confirmed the reports
of George Lucas, master, on the list
and 22nd annual reports of the trus-
tees of the Lunalilo estate and APP
proved the accounts excepting an over
charge of commissions in the 21st re-
port. The master was allowed a fee of
$500. Receipts of last year, including
a balance of $3913.SS at the first, were
s51, 99620 and payments $45, 466.47. A
balance of $3122.75 on a debt owed by
S. F. Graham, who was formerly in
the stables and feed businesses
here, was charged to profit and loss.
After all of his real estate had been
sold under foreclosure, Graham left
the country and has not since returned.
| Before leaving the report says, "he
| stated his intention to return and
| promised to pay, but there is no longer
any use in waiting for him.
| On August 1, 1902, the trustees held:
| Bills receivable. .............. S201, SIS. IS
o. r. & l.. Co. bonds .......... 24.000.0C
| Cash. 3,913.Se
Total. .....................s 1925, 432. 81
On August 1, 1903, they held:
Bills receivable .............-.$ 1S4, O7O.O OF
0. r. & l.. Co. bonds. ...... 24,O00.0(
Oahu Sugar Co. bonds........ 100000
cash 6,529I;
Total. .......,-@....... $223, 599.7;
This shows a deficiency from last yea1
of s5,SS3.10, which is thus accounted for
Graham loss, $3122.75; loss on note %
the late Henry Williams, 1915; balance
of expenses for year over receipts
$1735.35. One cause of the excess of ex
penses was the larger number of in
mates at the Lunalilo Home with {
greater proportion of helpless patients
and another the failure to obtain inter
est Oh the Schmidt loan of s35, 900 anc
the Vasconcellos and Silva loan of SIS,
900.
| Inn Joc
S13, 6S607.
THE LAND COURT.
Petitions for registration land title
have been received in the Land cour
from the Pulehu, the Kula, the Kalia
linui. the Kailua and the Makawa
plantation companies of Maui, repre-
senting a total of 5000 acres Thes
are the corporations lately organized i
connection with the Kihei plantation
Co.'S affairs.
PROBATE MATTERS.
, John A. Cummins has petftioned t
. be appointed administrator of tn
: estate of Kahalewai Cummins, VIII
died intestate leaving land in Pauo
valued at $1,000.
Judge Robinson has appointed Tho
mas Paine Harris guardian of the fly
Q minor children of himself and wifi
Kate S. Harris, without bond.
+ COURT NOTES.
In, the partnership suit of Albel
Barnes VS.. Charles r. Collins. the dt
PENDANT by his attorney, William :
Rawlins, has filed an appeal to Ii
Supreme Court from the decree
Judge De Bolt.
Judge Robinson, in accordance wit
the Supreme Courts decision, ha
made a decree dismissing the equit
suit of Henry Smith VS.. Sanford !
Dole. Governor of the Territory
Hawaii. and Mary A. s. Rose.
Defendant in the ejectment suit
Cecil Brown VS.. ]. W. A. Redhouse ha