The Hawaiian gazette., 1904-07-29
MAINLAND
AGENCIES
The Case Of Hays Be-
fore Gears
Court.

Hawaii against Pacific Hardware &
Steel Co. and its manager, T. A. Hays,
was heard by Judge Gear yesterday.
Deputy Attorney General Emil C. Pc
tiers conducted the case for the Terri
tory, and Castle & wilmington and
Holmes & Stanley that for defendants.
A. ]. Campbell, Treasurer of the Ter
ritory, was the first witness called, tes-
tifying to his correspondence with de-
PENDANT Hays and Castle & wilmington
which led up to the proceedings.
Robert Cation of Cation, Neill e. Co.
and e. o. White of L. o. Hall & Son
gave evidence of transactions the de-
PENDANT company through Hays had
from time to time had with their firms.
The Hall corporation had besides acted
astsort of financial agent for the Pa
cific Hardware & Steel Co., honoring
its drafts to the amount of about 1915
month whether it owed the defend
ant company anything or not. This
saved exchange.
Several other witnesses connected
with hardware concerns had been
subpoenaed by the Territory but were
not called.
Archibald A. Young, vice. president of
the Alexander Young Building Co., tes-
titled to various leases of office rooms
in that building. Originally they We're
made out to the Pacific Hardware &
Steel Co., but on July 26, or since this
suit began, lease to the company was
Cancelled and substituted by one to Hays
personally. The premises had been oc-
cupied in the name of the defendant
company for two years and seven
months.
7. A. Hays was the sole witness for
the defense. His statement, II am
simply travelling man." was objected
to by Mr.. Peters and the objection
sustained on the ground that the
statement was a conclusion of the wit
ness.
Tell in simple way the nature of
your business" Mr.. Wilmington sug-
gested to Mr.. Hays.
1T is easy enough to do If I am only
allowed" the witness answered. He
went on to testify that he received or
ders for goods and forwarded them to
San Francisco. II have nothing fur
thor to do with the goods" witness
went on; they come here direct to the
consignees. I simply receive the or
ders. These orders have to be exam
ined by our credit man before they are
filed. 1 use the Office in the Young
building for displaying samples"
Witness said the merchants did not
voluntarily go to his office to see the
samples, but had to be solicited to go
there.
Mr.. Peters asked the question, but
withdrew it under objection, If it was
true that an officer of the company
had written to witness calling atten-
ton to what was deemed a small
amount of business and intimating that
if it were not improved another man
would be sent to Honolulu.
1t was asked whether there were any
customers in the Territory whose bust
ness witness had not solicited within
the past twelve months, and If so of
what class were such customers. Mr..
Hays answered that he was only look
ing for responsible customers.
Mr.. Peters opened argument with an
array of authorities shortly before the
noon recess and resuming at p. m.
spoke for more than an hour. Mr.. Stan
ley then replied for the defendants.
Mr.. Wilmington follows this morning,
after which Mr.. Peters will close for
the Territory.
The case is of great Importance to the
Territory, upon it Ringing the ques-
tion of whether or not, under existing
or future legislation, large commercial
concerns on the mainland may estab- |
fish agencies in this Territory, immune
from taxation and municipal control
while competing with local houses that
pay all sorts of taxes and employ large
numbers of taxpayers.
The Hawaiian Act of 1903, under !
which this case is brought, was copied
word for word from the Pennsylvania !
law, which has been found constitu-
tional by the Supreme Court of the |
United States.
LOWS AMENDED PETITION.
AS directed by Judge Gear for con-
dition of having the case heard on the |
merits, j. S. Low yesterday filed an |
amended petition for the removal of A. |
w. Carter as guardian of Annie T. X.
Parker, minor and as manager of the
Parker Ranch The first amendment |
consists in having the complaint drawn
in the name of the minor, suing by Mr..
Low as her next friend. Only the
skeleton of the original petition re-
tions of the alleged acknowledgement"
jury" to the minors estate If he is con-
tinued as manager. There is a lugu-
brious category of waste of animal life
on the Parker Ranch, through alleged |
bad management, careless practices,
etc. Neglect of buildings, fences, i'm
plements, etc, causing all manner of
waste, is also asserted. Personal
charges are laid against +, w. Carter
in whose hands the manager reposes
the practical charge OF the ranch. Quite
a new ground Is stated when II Is rep
resented that A, w Carriers large in
terest In the ranch OF the American /
Sugar co, on Molokai clashes with the
Interests OF the Parker Rhnuh, one 81
the charges against the practical man,
agameni In that rounding up days on
the ranch are made gala occasions,
when cruel modes NJ lassning are allegr
81 90 b. praetloed as V rare sport
PETTY ArToHNRY nlsnARRRp
ludsr Robinson M he matter 81
laEII kIaIanu 4 lIaIillIa lamar lu llN liar