The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-22

owes the plaintiff the amount sued Tor,
to-wit: SI54.35 with interest thereon
from June 27, 1908, but he contends that
the garnishment OF his salary in the
hands OF the Auditor cannot be main
tanned because Act So. Laws of
1908, is Unconstitutional in that
if IS class legislation and con-
trary to public policy. In my opinion
the point is not well taken. Judgment,
therefore, may be entered as prayed
for"
KALANIANAOLE WINS.
Judge Robinson gave judgment for
defendant with costs, jury having been
waived, in the case of H. G. Middle
ditch. trustee. VS.. ]. Kalanianaole. Plain
tiff appeared in person. and c. W. Ash
ford for defendant MiddIeditch claim
ed to have succeeded the Henry Water
house Trust Co., Ltd, as trustee in
bankruptcy of the c. F. Herrick Car
rage Co, Ltd. and in that capacity be-
came plaintiff in this case. The suit was
on a pron1issory note for $5IS and de-
PENDANTS answer was general denial
Plaintiff failed to prove his election as
trustee and defendants objection to
continuance was sustained. An oppor-
trinity to take a nonsuit was passed by
plaintiff and the court granted the mo-
ton of defendant for judgment
LITTLE JOKER" SUIT.
In the Little Joker tobacco suit the
defendant, H. Hackfeld & Co., Ltd, files
motion that the court order Isidor
Rubinstein, plaintiff, to answer an aft
davit stating what documents he has in
his possession or power relating to the
matters in dispute, and what he knows
as to the custody of said documents. and
whether he objects to such production,
and If so on what grounds. Also, an
order is requested to compel the plain
tiff to allow the defendant to inspect all
documents in the custody or under the
control of Rubinstein relating to the suit.
An affidavit of ]. Humbug. one OF the
directors of defendant corporation,
shows what documents are wanted,
being:
ANY documents from the manufac-
turers of the brand of tobacco known as
Little Joker or from any other party to
Hyn1an Brothers or to Isidor Rubin
stein, assigning or assuming to assign
the exclusive or any right to sell OF
otherwise dispose of said brand OF to-
bacco within said Territory of Hawai-
or any part or portion thereof. Also
any documents from Hynan Brothers to
Isidor Rubinstein assigning or assu1n-
ing to assign the exclusive or any right
to vend or otherwise sell or dispose OF
said brand OF tobacco within said Terri
tory of Hawaii or any part or portion
thereof"
Judge Gear in this case issued tenn
norarv Injunction restraining the de-
PENDANT from dealing in Little Joker"
tobacco pending determination Of the
suit
FISHERY CASES.
It is stipulated between Ballou &
Marx for plaintiff and Lorrin Andrews
for defendant that the action of Samuel
M. Damon to establish a fishing right IN
Moanalua fishery shall be tried by the
court without a jury and that 1t shall
be submitted to the court on the record
in the previous trial of the same case.
This is the case that the United States
Supreme Court decided in favor of the
claimant on preliminary points, remand
ing it to the Territorial courts for adj
Indication according to the decision.
Attorney General Andrews yesterday
heard another of the fishery cases that
he is investigating in a preliminary way.
COURT NOTES.
Suit has been brought by the Portu-
guese Mutual Benefit Society of Ha-)
wall against Mary Ann Kahanamaikai,
on her promissory note for $1,000 dated
August 20, 1900, and secured by mort
gage.
Judge De Bolt appointed E. K. Kala-
ma guardian of the persons and proper
ties of Kahoopiopio and Mahoe, minor
girls. 1t came out on the hearing that
the aunt OF the minors made some
comical efforts to avoid service of the
papers by the policeman detailed for that
duty.
w. c. Achi and w. R. Castle have
appealed to the Supreme Court from the
decision of Judge Robinson in favor of
plaintiff in the foreclosure suit of H.
Hackfeld & Co.. Ltd, against w. c.
Achi, Kapiolani Estate, Ltd, w. r.
Castle and J. NJ Monsarrat
The Honolulu Rapid Transit & Land
Co, by its attorneys, Castle & Wfthing
ton, has filed a comprehensive denial
to the complaint of w. 0. Barnhart,
claiming damages for false imprison-
ment ~
Attorney General Andrews has com
missioned Vim. S. Fleming to be his
deputy for the First Judicial Circuit
and more especially at the September
term now holding.