The Hawaiian gazette., 1904-05-13
ATTORNEYS
WANT FEE
Kepoikai's Single
Handed County
Act Case.
(From Thursdays Advertiser.)

against AUDITOR d. H. II lsHer ior d
counsel fee of $500 in the suit Of A. N.
Kepoikai, Treasurer, against c. S. Hol-
loway, Superintendent of Public
Works, was argued and submitted be-
fore the Supreme Court yesterday
Messrs. Cooper and Derby appeared for
the complainants, and e. c. Peters,
Deputy Attorney General, for the
respondent. Mr.. Derby was on the
witness stand to testify to the reason
ableness of the charge. He told of the
work done and spoke of there having
been $97, 900 worth of property in the
suit in question, which was to prevent
the handing over of the water works
to the county authorities. This was be-
fore the County Act was declared null
and void by the Supreme Court in a
different suit.
Mr.. Cooper argued against the prop
ssition that other heads Of depart
ments were under the control and di-
rection of the Attorney General. when
ever a legal question arose as to their
rights and powers. Three cases were
instanced by the speaker In his own
experience as Secretary of the Terri
tory and as Superintendent Of Public
Works, wherein the opinions of the
Attorney General were disregarded
and contested and the positions taken
against such opinions sustained by the
Supreme Court. He treated as absurd
the idea that the Attorney Generals
department could furnish counsel for
both sides in disputes between itself
and any other department or between
any two departments Of the Govern
ment.
Mr.. Peters, replying, said that Mr..
Cooper had "smoothed over" the real
issue in the case. This related to the
limitations of the Treasurers office.
Treasurer We're to receive and pay out
the Governments revenues, so far as
the financial interests of the Territory
Were concerned. 1t was denied by the
speaker that Mr.. Kepoikai had possess
ed any official power as Treasurer to
interpose himself between any other
officers of the Government.
u, a. N Kepoikai, Treasurer of the
Territory of Hawaii" the speaker UNI
consciously rhymed in describing the
attitude the former Treasurer assumed
in the matter at bar, forbid Mr. Hol-
loway and Mr.. Brown to dispose of
the water works" Mr.. Peters con-
tended that Mr.. Kepoikai went be-
You'd his authority of law when he in
terfered on that occasion.
There We're humors of the argument
Mr.. Cooper spoke of Mr.. Kepoikai's
having worn the stairs" leading to
the Attorney Generals office in vain
endeavor to obtain a conference with
that official
An allegation of the complaint was
abandoned because Mr.. Kepoikai was
not present to testify to it, and when
MIR. Cooper expressed some regret for
Mr.. Kepoikais absence Mr.. Peters
made the court laugh by naively sug-
gesting that the hearing be continued
until Mr. Kepoikai could attend.
Mr.. Peters, in the cross-eXamination
college education We're to be charged
up in every bill to their clients, law
yers would be in pretty easy circum-
stances. Reference was TO the plea
that Kinney. Mechanism x Cooper had
u right to have considered the degree
of mastery of details in the County Act
which they had acquired in conduct
ing the previous case of Cooper vs.
Governor Dole, Board of Supervisors,
at al,
THE DAMAGE SUIT,
Yesterday progress was made with
the defendants ease In the malicious
prosecution suit OF j G, Axtell VS.,
n r.. Hendricks, The deposition OF
defendants father In New York was
on objection by plaintiff, refused 10 be-
admitted by Judge Gear because of
some lnformnlily In the papers
LETS HER rHlLpREN 90
After further hearing yesterday
morning. judge Gear granted "a divorce
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sac awarded % thp divorced husband,
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