The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-08-30
IS ORGANIC
ACT WRONG?
Upon Jurisdiction
Of Circuit
Judges.

Different phases of the Parker Ranch
controversy We're before Judge Gear
yesterday. A motion to set aside the
writ of prohibition to restrain Judge
Gear from proceeding with an injunc-
{ ton against the Third Circuit Court al
Kailua, Hawaii, was continued in the
| Supreme Court until tomorrow owing
to the absence of Justice Hatch.
Judge Gear denied the motion for q
rehearing of demurrer to ]. S. Lows
amended petition for the removal of
A. w. Carter as guardian of Annie 7.
X. Parker, a minor. In the afternoon
until after the closing hour, o'clock,
the question of jurisdiction was being
thrashed out. S. M. Ballou, A. A. Will
der and S. H. Derby We're present for
Mr.. Carter. The opening was made by
Mr.. Ballou. j. A. Magoon, attorney for
Mr.. Low, occupied hours in replying.
He contended that the Judge of a Li:-
cult Court had inherent jurisdiction in
probate matters, saying that if the on
ganic Act excluded the Judge from sucn
powers it was unconstitutional.
CONTEMPT CASE ENDED.
Judge Matthewman of the Third
Circuit last week rendered a decision
disnissing, for lack of jurisdiction ac-
cording to the record the contempt
proceedings in the Parker matter
against Samuel Parker, j. Alfred Ma
goon and j. Lghtfoot. They We're
Charged with disobeying an injunction
of the court and their acquittal is bas-
ed on the fact that there was no allie
cations showing that their alleged con-
duct was intentional. Contempt pro-
ceedings being quasi criminal they are
penal and, when not committed in pres
ence of the court, the accused is en-
titled to hearing. These findings of
law Judge Matthewman obtains from
variety of American and English de-
sisions.
INJUNCTION ON EXECUTION.
C. B. Male brought an injunction
suit against ]. w. Pratt, assessor of
taxes, II. van Gjeson, trustee, and 9TH
ers to prevent a conveyance of land
sold under execution for delinquent
taxes. Returns have been filed by van
Gieson and A. NJ Brown, High Sher-
ifl making statements to show that the
sale was legal and fair. H. van Gieson
has also filed demurrer. 1t appears
ivan Gieson, who is a policeman, bought
, the property at sheriff's sale but he
says he ulu So III MS INDIVIDUAL
ty, and High Sheriff Brown denies that
the fifty per cent. deposit insisted on
was to keep out bidders other than van
Gieson.
HIGHWAY INJUNCTION.
William McCandless demurred to the
bill to restrain obstruction of highway
brought against him by the Territory
of Hawaii on the relation of Lorrin
Andrews, Attorney General 1t was al
legged in the petition that there is and
has for long time been a highway
in Honolulu extending from King street
to the rice mill of Y. Ahin. Respond
ent in his demurrer contended that the
allegation was insufficient, inasmuch as
the manner whereby the alleged high |
way was established was not set forth. |
Judge De Bolt overrules the demurrer
and gives the respondent five days |
within which to answer, quoting the law |
as being that 1.-The thoroughfare alleged |
to be INSTRUCTED should be described as |
a public highway but the manner in
which it became such need not to be
alleged"
MRS. CLARK'S WILL.
The will of the late Annie Clarke
was admitted to probate by Judge De
Bolt, and Thomas X. Clarke, husband
of the testatrix appointed sole eXecu-
tor without bond as directed in the
will. Henry Holmes appeared for the
petitioner After the payment of her
just debts, and funeral and testament
tary expenses, the testatriX gives her
daughter, Bella Hatfield and Fanny
Babcock 800 each. All the remainder
of her estate is devised and bequeath-
ed upon trust to her husband and her
son, John Clarke, to permit her hus-
band, Thomas X. Clarke, to have the
use and enjoyment and receive the
net income thereof during the
term of his natural life for his own
use and benefit, without impeachment
for waste. and, on the death of her
husband, her residuary estate shall be
held in trust for her children, Mrs.
Joseph Little, Mrs. Norman Watkins,
Emily Clarke. Benjamin II. Clarke,
John *. Clarke and Robert Clarke, in
equal shares. The estate consists of
realty valued at $4,000 and personality
at s15375O.
THE PHILLIPS ESTATE.
Judge De Bolt appointed p. d. Kel-
lett, Jr as master to report on the
maj account OF cecil Brown, eNecu-
tor of the estate of william Phillips,
deceased and to compute the inherit
tance tax. There is a balance of sl7-
SS6,23 to be distributed. One-half OF
the estate was left to the widow and
the other half to the heirs OF Sarah
Phillips sister of the testator, Five
such heirs have been judicially diseov-
cred, living at Syracuse, n, Y, Be-
sides the personality there is real prop
erty belonging 20 the estate, being land !,
at the northeast corner OF Fort and
kukui streets OF an appraised value
of S. 500
CoAdpoN ESTATE SALE,
Charles Phillips administrator of the
estate ~ Henry cansian, deceased,
gives nolea ~ sala " tha following
properties, pursuant "a the order %
lndep daaF, via Piece AZ land a. the