The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-22


statutes.
Mr.. Smith, in remarks he made. al
luded to the possible question as TO
whether the phrase in the Organic Act
giving judicial power to such inferior
courts as the legislature might estab-
lish might not validate the law giving
certain powers to Circuit Judges at
Chambers. This point was not given
prominence in the argument.
NAONE IN COURT.
J. j. Dunno argued for the plea in
abatement and motion to quash the in
dictment in the case of Philip Hama
mao Naone, charged with numbering
terday. Deputy Attorney General Fros-
ser viii reply on behalf of the Ter
ritory at 8 a. m. on Monday.
Mr.. Dunne's argument was an attack
on the constitutionality of the jury law
of the Territory. He commended that the
Legislature had no power to create Jury
Commissioners and clothe them with
judicial authority.
Naone was in court during the pro-
ceedings, attended by an officer. His
manner was nervous, revealed IN shift
ness of eyes and restlessness of hands.
THE ARSON CASE.
Ching Chung's trial for malicious
burning outlasted its second day yes
terday before Judge Gear and was con-
tinued until Monday morning at 10
o'clock. Among the witnesses. in wait
ing are A. r. Gurrey, secretary of the
Board of Underwriters, and j. III.
Craig, builder Deputy Sheriff Chill
lingworth and Fire Chief Thurston
testified yesterday. A knot hole through
which it is alleged kerosene oil was
poured to start the fire figured in the
case.
PACIFIC HEIGHTS SUIT.
The Pacific Heights Electric Railway
Co., Ltd, and Charles s.. Desky file an
answer in the foreclosure suit of w.
o. Smith, trustee. They admit they
sold steam condenser of the value
of $625 to August Dreier without the
consent of the trustee, who was absent
from the Territory, but allege that
Dreier bought the article with the full
knowledge that it was included in the
deed of trust. An agreement with
Dreier is exhibited in proof. The re-
spondents deny that certain part of
the railway, from Nuuanu avenue and
passing back of the power house, was
included in the deed of trust. Desky's
sale of cable to the Honolulu Rapid
Transit & Land Co. is declared to have
been for the benefit of the Pacific
Heights railway, in the raising of funds
to prevent it's being shut down. In
conclusion the respondents consent to
the prayer of the petition, asking that
the relief prayed for be granted. ]. G..
Pratt is attorney for the respondents.
COURT NOTES.
Judge Robinson has made an order
on the petition of Henry Smith, adj
nlinistrator of the estate of Kekie
Amstra, who in her lifetime was admin
istratrix of the estate of Jesse Amara,
that an administrator de bonis non be
appointed for the purposes of collecting
rents due the latter estate and of wind
ing up it's administration. The order
appoints Tuesday, November g. for
hearing the petition.
Clerk Kellett of Judge De Bolts
court certifies that the libellee in the
divorce suit of Kamakahua Miller VS..
Edward Miller has made no appearance,
and entered neither demurrer, answer
nor other pleading to the complaint
In the suit of William w Bierce,
Ltd, VS.. Clinton J. Hutchins, trustee,
ct al, it is stipulated that the defend
ants Arthur B. Wood, William Water
house and Albert Waterhouse, execu-
tors of Henry Waterhouse, may have
ten days to plead, or take other action,
toward the complaint.