The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-07-19

The first mandate ever received by
the Supreme Court of the Territory of
Hawaii from the Supreme Court of the
United States of America was filed in
the office of the clerk of the Judiciary
yesterday. Being an initial document
of it's class it takes on historic interest,
and therefore is here given in full. 1t
is upon the proprietary fisheries test
case, Samuel NJ. Damon being plaintiff,
and is as follows:
United States of America, IS:
The President of the United States of
America,
To the Honorable the Judges of the
ICrt. Supreme Court of the Terri
SealI tory of Hawaii,
Greeting:
Whereas, lately in the Supreme Court
of the Territory of Hawaii before you
or some of you, in a cause between
Samuel NJ Damon, plaintiff, and The
Territory of Hawaii, defendant, where
in the Judgment of the said Supreme
Court, entered in said cause on the
1st day of December, a. D. 1902, is in
the following words, viz:
This cause came on to be heard at
the October term, 1902, of this court
before the Honorable c. A. Galbraith,
associate justice of this court, and the
Honorable John T. De Bolt, first judge
of the circuit court for the first circuit,
sitting in the place of the Honorab BILE
w. F. Frear, chief justice of this court,
disqualified by interest, and the
Honorable w. j. Robinson, third judge
of the circuit court for the first cir
cult, sitting in place of the Honorable
Antonio Perry, associate justice of this
court, disqualified by interest, on the
plaintiffs bill OF. exceptions to rulings
of the circuit judge presiding at the
special July term, 1902, Of the circuit
court for the first judicial circuit, Ter
ritory of Hawaii, and was argued by
counsel for plaintiff and defendant.
1T is considered by the court and it is
now ordered and adjudged that the de-
cision of said presiding circuit judge
granting a non-suit in said cause be
and the same is hereby confirmed and
the exceptions taken by the plaintiff as
set out in said bill of exceptions are
aisallowed with costs.
BY the court.
[Seal1
(Signed) GEORGE LUCAS, Clerk"
AS by the inspection of the transcript
of the record of the said Supreme Court,
which was brought into the SUPREME
COURT OF THE UNITED STATES by
virtue of a writ of error, agreeably to
the act of Congress, in such case made
and provided, fully and at large ap-
pears.
And whereas, in the present term of
October, in the year of our Lord one
thousand nine hundred and three, the
said cause came on to be heard before
the said SUPREME COURT, on the
said transcript of record, and was ar
gued by counsel:
On consideration whereof, 1t is now
here ordered and adjudged by this
Court that the judgment OF the said
Supreme Court in this cause be, and the
same is hereby, reversed with costs;
and that the said plaintiff, Samuel NJ.
Damon, recover against the said de-
PENDANT one hundred and thirty-one
dollars and twenty-five cents for his
costs herein expended and have execu-
ton therefor.
And it is further ordered that this
cause be, and the same is hereby, re-
manded to the said Supreme Court with
directions to reverse the judgment of
the circuit court and to remand the
cause to that court with directions to
grant a new trial
April %, 1904.
You, therefore. are hereby commanded