The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-04-15
JUDGE A|u
WILL STAY
Charges Against
Him Fall
Flat.
aFrom Thursdays Advertiser.)


Governor Carter yesterday received
from Deputy Attorney General Peters
an opinion upon the charges against
District Magistrate Thomas Aiu OF
North Kona. recommending that the
matter be dropped. NJ. F. Scott charg-
ed in the matter of the Kona Sugar
Co. suits that the magistrate wrong
fully issued a writ of possession and
also that he was unduly influenced In
that case.
The Attorney Generals Department
after an investigation, finds that there
is no ground upon which charges
against Mr. Aiu could be preferred In
the Supreme Court.
The opinion written by Mr.. Peters Is
as follows:
Honolulu, T. H., April IL, 1904.
In the Matter of the charges of M. F.
Scott, Esq, VS.. Thomas Aiu, Esq,
end District Magistrate Of North
Eona, Hawaii.
To His Excellency, The Governor OF
the Territory of Hawaii, Executive
Building, Honolulu.
Sir:-Your valued communication of
the 9Th inst, relative to the above en-
titled matter, to hand and contents
noted 1 have carefully considered and
investigated the matters and things In
the letter of Mr.. NJ. f. Scott contained,
complaining of the action of Thomas
Aiu. Second District Magistrate of
North Kona, Hawaii, in his issuance
of writ of possession pending appeal
in a civil cause for summary possess
sion, in which the Kapiolani Estate
Limited, was plaintiff and c. j. Hutch
ins. Trustee, and the Henry Water
house Trust Company, Limited, were
defendants.
1t appears that the action was in
stituted before the Second District
Magistrate, Thomas Aiu, but there is
nothing in the statutes prohibiting such
action, his jurisdiction being coordinate
with the jurisdiction of the First Dis
trict Magistrate. The parties litigant
can choose whom they see fit, unless
some regulation is made, as in the Dis
trict of Honolulu.
1t further appears that on the 18th
day of March, 1908, upon hearing and
submission of said cause, judgment was
rendered for plaintiff, and defendants
Immediately gave notice of appeal, and
thereafter perfected such appeal to the
Circuit Court of the Third Circuit,
jury waived, within the time and man
ner as provided by law. That there
after, to wit: on the 18th day of March,
subsequent to the notice of appeal by
defendants-appellant but prior to per-
lection of said appeal, the said Aiu
as District Magistrate, issued a writ
of possession against the defendant c.
j. Hutchins, Trustee. That thereafter,
to wit; on the 14th day of March, and
before the same was served by the
Sheriff, the defendants-appellant gave
notice in writing to Sheriff j. X! Ma
hale. notifying him that the appeal
had been perfected in the manner pro-
vided by law and that he took fur
Their action relative to said writ at
his peril. This writ was returned I'M
executed by Mr. Nahale.
On the 18th day of March thereafter
another writ of possession was issued
by Aiu in the same cause, upon the
ex parte application of plaintiff, and
delivered on the same day to Nahale,
as Sheriff. for service. This writ Mr..
Nahale refused to serve, and the same
was sent by him to the High Sheriff
and requesting advice thereon.
No action on the second writ, how
ever, was taken, and the same appears
to have lapsed for want of action there
on, and it to date stands unserved.
On the 9th day of March thereafter
John F. Colburn, Esq, Treasurer of
the Kapiolani Estate, Ltd, accom-
panied by C. F. Chillingworth, Deputy
High Sheriff of this Territory, and c.
A. Long, Esq. Attorney at Law pro-
ceeded by specially chartered boat to
Kona, Hawaii. Upon the arrival of
those gentlemen at the last named
place, Aiu was Immediately consulted
to the purpose of securing n writ of
possession in the cause, and the re-
quest of plaintiff was granted to that
end, and the writ served Immediately
thereafter by Chillingworth. in his OFF, /
cial capacity. At the time of the Sc
curement of the writ there was no
one present representing either of the
defendants, although Mr.. Guy f. Mayd- .
well of Holualoa was attorney of rec
ord in said cause, NJ, +, Scott, resld- I
ing at the same place had previously
given notice 10 Nahale In reference to
the first writ and j, X. Nahale. the
Sheriff OF North Kona, lived In the
immediate vicinity, nor had any no.
tioe OF the contemplated action OF the
plaintiff been previously given TO the
attorney NJ record, or any one else
representing the defendants
The Session Laws ~ 1908, by Act
- thereof provide that an appeal duly
taken ana perfected IN any ease from
judgment ~ District Magistrate
ahall operate as an arrest ~ judgment
anl stay NJ eEeoplipn provided, hoN'
ever lhal q nlslrlrl MAGISTRATE may
nlNn Henl eause shown. hllpN pgefur
ii0n ~ lsFns pfnllnH suph Appsal
unlrss ihs nppellani shall within
such llWf aH shell hp allNNal hY ihe
haHlfliair irwsl hnpi H fulh
hWnNm sni Allh anth HlffiF aH fhNll
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