The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-12-23
DREDGERS
WANT PAY
Hawaiian Dredging Co.
Brings Suit to Man.
damus Holloway.
errc.n wednesday,s AdvertIserl

Suit has been begun by the Hawaiian
Dredging Company to mandamus Su-
perintendent of Public Works Ho'lo-
way to compel him to fulfil the terms
of a contract that is alleged to have
been entered into on the 3rd of Decem-
ber, 1903. between the plaintiff corpora
ton and Mr.. Holloway, acting for the
Territory of Hawaii, under the terms
OF which the Hawaiian Dredging Co.
was to dredge that part of the harbor
of Honolulu known as Section 13. I'm
der the terms of this alleged contract,
Il is claimed that the plaintiff COM
pany was to receive the sum of thirty
two cents per cubic foot for the mate
rial dredged from said section of the
harbor.
The petition for a writ recites that,
on the 11th day of December, 1903, the
corporation was notified to keep with
in the appropriation of $4,000 made for
dredging the harbor. The company ac-
cordingly stopped work on the dredging
contract, but subsequently, on the 9th
day of October, allege that they were
notified to begin work once more. They
allege that they did begin work, and
during the month of November remov-
ed from the harbor material for which,
under the terms of their contract. they
should receive the sum of 1904.
They allege that when the contract
was drawn, there was available for the
purpose of dredging the harbor an ap-
preparation of $4,000 They allege fur
ther that in January, 1904, there was
available q further appropriation of
$4,000, making $4,000 in all.
Nevertheless, it is charged that the
Superintendent of Public Works has
refused to have estimates and surveys
made of the amount of material
dredged from the harbor by petitioners
under their contract, and that he has
also refused and still refused to issue
them a warrant for what is alleged to
be due for the work done in November.
They therefore pray that writ of
mandamus be issued to compel Su-
perintendent Holloway to furnish the
survey and estimates, and to issue the
warrant for the sum which petitioners
claim Is due them. Judge Robinson
the writ yesterday.
BERTELMAN ARRESTED.
Yesterday United States Marshal
Hendry arrested Frank c. Bertelman
on a charge of impersonating an officer
of the U. S. Government. The warrant
was sworn to by U. S. Collector of In
ternal Revenue Roy Chamberlain.
The warrant states that Frank c.
Bertelmann on the 18th day of Decem-
ber, A. d. 1904, with intent to defraud
one Mrs. Wilhelm Orth, did falsely
and fraudulently and unlawfully as
sumo and pretend to be an employee
OF an officer Of the Government of the
United States of America, etc.
1t is said that Bertelmann has for
some time past been passing" himself
off as a U. S. Internal Revenue officer,
but information regarding the various
cases is hard to ascertain. In the case
which is mentioned in the warrant Ber-
telmann is alleged to have told his
landlady, Mrs. Orth. who runs the Del
monico House on Beretania street
that he was an officer of the Revenue
Department and would pay his board
out of the salary he was to receive as
such officer 1t is said that the reven'
ue authorities have collected quite a
large amount of evidence against Ber-
telmann and that it is quite probable
that further charges will follow. Ber-
telmann was in 1901 employed as a
deputy in the office for the registration
Of licenses.
COURT NOTES.
In the United States District Court
today Judge Dole will deliver his de-
cision on the leper habeas corpus case
at 10 a. m.
James Mcqueen has filed his petition
in bankruptcy in the United States
District Court. The statement shows
that the debts of petitioner amount 10
$32e64S, and his assets to nothing al
all.
Mary d. Bertelmann has 6led libel
for divorce from Frank &. Bertelmann
alleging cruelty and failure t. support
She quotes many instances Of alleged
brutality on the part of defendant
and asks for $50 per month alimony.
A stipulation has been filed in th'
ease of the Territory VS.. Jonah kuma
lac and Enoch Johnson giving the de
PENDANTS fifteen days in which to pre-
pare their bill of exceptions.
Libellee IN the divorce proceeding
of Nina l.. d. Frasher VS.. Chas. L
Frasher has fled an answer TO III
libel of libellant denying generally ant
specifically all the allegations contain
ed therein.