The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-15

| terday afternoon filed the brief of l..
E. Pinkham on the demurrer and ex-
ceptions filed by the petitioner, in the
matter of the petition of Emma L. Kali
pu, for writ of habeas corpus in be-
half of Mikala Kaipu.
It is set forth that the demurrer prac-
tically raises one issue and the attorney
for the petitioner, c. w. Ashford, on his
| argument, depended only on that is
sue-to wit, as to the legality of the
statutes under which Mikala Kaipu is
being held by the Board of Health.
Sections $50, 991, 992 and 993 of the
penal laws of 1897 are the laws to which
| counsel for petitioner referred, as re-
spondent understands, in his argument
as to the unconstitutionality of the
statute. Specific objections as to the
unconstitutionality of these sections
were not raised except that 9S9 did not
comply with the constitutional amend
ment permitting no person to be de-
prived of life, liberty or property with
out due process of law, and of 991, on
the ground that its labor clause in
volved involuntary servitude.
of life liberty or property without due
process of law, and of 991, on the ground
that its labor clause involved invoIun-
tary servitude.
In regard to the unconstitutionality
of section 991, the labor clause, it is
evidently merely inserted for the pur-
pose of keeping the patients so segre-
gated in a healthful condition. No
penalty is attached to their refusal to
so work, which could be enforced by
law.
Admitting for the purpose of argu-
~e@0No>@~@~@~b%s~@%o~0~o~e
rers until January 8 without notice to
affiant. He represents that the orders
were inadvertently made by the court
and without sufficient cause, and that
great inconvenience and unnecessary
delay to himself and petitioner will be
caused unless the orders be revoked.
Further he says he will be unable to
be present at the hearing on January
9, being obliged to attend the trial of
an action at the December term of the
Third Circuit Court at Kailua, from
which he will be unable to return to
Honolulu until about January 16 or
thereafter.
DEPOSIT ON CONTRACT.
BY their attorneys. Robertson &c
Wilder, z. J. Lord and J. j. Belser,
suing for an Injunction against John
Walker, G. S. Holloway, Superintend-
ent of Public Works, and J. H. Fisher,
Auditor, file this replication:
These repliants, saving to them
selves all right of exception to the
manifold errors and insuff1ciencies of
the answers of the several respondents
herein, for reply thereto say that said
answers and each of them are untrue,
uncertain and insufficient, and that
they will prove their said bill to be
true, certain and sufficient
Plaintiffs contest the legality of an
accepted draft on Theo H. Davies &
Co. in lieu of a certified check as de-
post with a bid for the contract of
dredging Alakea street slip.
PROBATE MATTERS.
Mary Phillips has receipted to Cecil
Brown executor, for $S519.37, her one
half distributive share under the will
Of William Phillips, her late husband,
also for all household furniture and
possession Of the realty that was a
portion of the estate.
Judge De Bolt granted the petition
Of e. P. Kalama. guardian of Kahoo-
piopio (w), a minor, allowing him to
borrow d sum of money not to exceed
$500 on mortgage of Nuuanu valley
f1rnr1 cr.txr ~ - ~ -.
exceed per cent, for the purpose of
paying debts of the ward. c. f. Peter
son appeared for the guardian, who,
with the ward. was also present
William w. Harris. administrator of
the estate of Fritz j. Wilhelm, de-
ceased, has filed his bond in $4,000,
with the United States Fidelity and
Guaranty Co. as surety
CORPORATION POWERS.
Thayer & Hemenway for plaintiff, in
the suit of w. VOTERS against Moana
Hotel Co., Ltd, a corporation, file a
motion in the Circuit Court ito set
day certain at which to hear argument
on the question of the authority of a
corporation formed under the laws of
the Territory of Hawaii to issue COM
merciaI paper
COURT NOTES
Henry Waterhouse Trust co. Ltd,
by its attorneys, Robertson & Wilder,
makes answer to the complaint of Kate
L. Braymer against itself and others,
In an action to quiet title, admitting
that it is in possession of the land
described in the declaration and that
1t claims an interest and estate there
in adverse to the plaintiff, but denies
all the other allegations in the declar-
alton.
Tung Yau has begun suit for $1,000
damages against Liliuokalani for fail
ure to yield peaceable possession of
three acres of taro-land in Manoa val
ley, which plaintiff alleges he leased
and paid rent for but was prevented
from occupying by Ane Hilo claiming
TO be the owner. Ane Hilo was re-
Gently in litigation with LiIiuokaIaEi
over the property
Argument on motion to amend the
complaint in the damage suit of Mrs.