The Hawaiian gazette., 1903-06-12
O|CKEY ON
TRANSFERS
States Exceptions
to the Courts
Decision.
tFrom Wednesdays Daily.)

Judge Gear was engaged a goodly
part of yesterday in partly hearing the
c.se Of c. S. Dole. assignee in bank
ruptcy. against j. S. Bailey. 1t is a
case arising before the Organic Act
came into effect, otherwise it would be-
long to the Federal court. The matter
at issue is wrongful conversion Of as
sets alleged against the bankrupt.
The partition case of Maggie Fisher
VS.. Keukahi Wailehua and ]. A. Ma
COON occupied all of yesterday before
Judge De Bolt.
Executions in the cases of E. S.
Cunha VS.. Hawaii Land Co.. Ltd, for
$4,000 and S. Ozaki VS.. Hawaii Land
Co., Ltd, and w. C. Achi for $3.50 have
been returned by High Sheriff A. NJ
Brown as fully satisfied by collection of
the money.
Defendant in the ejectment suit of
E, K Prendergast VS.. Peter Martin
moves that day be set for hearing.
Charles Gay, the stock man, changed
his allegiance from King Edward to the
United States before Judge Estee yes
terday.
DICKEY'S CIRCUIT RIDING.
Judge De Bolt has allowed Lyle A.
Dickey's bill of exceptions to his de-
cision in favor of the Rapid Transit Co.
on the matter of transfers.
Plaintiff excerpts to the finding of
fact that when plaintiff entered the
car on McCully street and proceeded to
the corner of Wilder avenue and Alex
ander street, he then ceased going to-
ward Diamond Head, but was on a re-
turn trip toward Moanalua," as con-
trary to the evidence and the facts adj
mitted by defendant
He excerpts to the finding that there
was no overcharge of fare, as con-
trary to the law and the evidence and
the facts admitted by defendant.
He excerpts to the finding that the
street car line of defendant running on
King street, McCully street and Wal
kiki road and it's line running on Liliha
street, King street, Hotel street, Ala
pal street, Lunalilo street, Pensacola
street. Wilder avenue, Alexander street
and McCully street are entirely separ-
ate and distinct and are not connect
in lines, as contrary to the law and
the evidence.
He excerpts to the finding that in Act
SO of 1898 the phrases "a continuous
ride anywhere between Diamond Head !
and Moanalua" and upon a connecting
line" means lone and a continuous ride
in one general direction" as contrary to !
the law and the evidence.
He excerpts to the finding by the court
that the giving of transfers by the de-
PENDANT to any person riding contin- !
uously toward Diamond Head from Ka-
lihi way or continuously from Waikiki
way toward Moanalua is the giving of
all the transfers that the Legislature
intended or contemplated. as contrary
to the law and the evidence.
He excerpts to the finding that the
rules and regulations of the defendant
in regard to transfer tickets are in har-
mony with a reasonable and common
sense construction of Section 8, Act 50,
Laws of 1898, and full compliance
with the intent thereof. as contrary to
the law and the evidence.
OFFICIALS DEMUR.
superintendent of Public Works H.
e. Cooper and Road Supervisor C. b.
Wilson have entered a demurrer to
the complaint of Kapiolani Estate,
Ltd. for an injunction. They set
forth that the purported descriptions
of boundaries Of the land in the viein-
ity of South street are not definite
enough. also that the bill does not
set out with sufficient certainty the
claim OF ownership of the complain .
ant in the strip of land attempted to :
be described
PROBATE MATTERS.
w. w. Hall, temporary adminstra- ,
tor of the estate of Edward r. New ,
man. deceased, petitions for an order r
OF appraisemenc and sale, either at ,
public auction or private sale, OF the ,
stock Of drugs forming the principal 7
assets of the estate. He represents 7
that some of the goods are perishable T.
and that the rent OF store ought to be r
stopped as soon as possible because I
IL makes :. serious drain on the es- 7
tate