The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-05-17
TWO FINAL
DECISIONS
Sanitary Fire Insurance
and Stamp Act
Contests.
(From Sundays Advertiser)

| ripln SuiludS aUNertlSer)
BY a unanimous opinion. written b
Chief Justice Frear, the Suprem
Court overrules the exceptions of plain
tiff in the case Of w. w. Ahana vs.
The Insurance Company of Mort
America. ]. A. Magoon and ]. Light
foot for plaintiff; Robertson & Wilde
for defendant. 1t was an action 70
$1,000 on an insurance policy coverin,
two buildings burned with others II
| block 3. Chinatown, on January 16
| 1900. There was clause in the polio,
which exempted the company from
! paying loss caused by order of any
civil authority. The defense, based or
| such clause, was that the Board Of
| Health ordered the burning of bloch
g. 1t was contended by plaintiff thai
the order of the Board of Health was
| illegal for various circumstantia
reasons, one plea being that it was MOI
an order at all but only an authorize
ton 20 the Fire Department to burt
the buildings. The jury found a yer.
diet for the defendant and the plain.
tiff appealed to the Supreme Court
Besides enunciating certain technical
principles. the court holds as follows:
ITO serve as defense in a case of
this nature, the action Of the Board
need not be lawful and justifiable. 1t
is sufficient If the Board had, authority
to order buildings burned when neces-
sary for purposes within the scope of
its duties and acted in this particular
case officially and in good faith and
within the apparent scope Of it's pow
ers."
STAMP ACT DECISION.
Justice Galbraith Is author of ID
unanimous decision of the Supreme
Court, which denies motion for re-
hearing of the Stamp Act case of c. M.
Cooke VS.. The Treasurer. c. f. Gle
mons and d. II. Case appeared for the
motion, and Attorney General l.. An
drews contra
At a foreclosure sale the mortgage,
c. M. Cooke, bought the land in lots
and blocks, into which 1t had been
divided after being mortgaged in one
tract. The balance due on the mort
gage was 300, which the sum of the
several purchases aggregated. To eff
fectuate the several contracts of sale
and to convey the title of the land
back to the mortgage one deed of cons
veyance was executed recting the total
consideration of sixty-two thousand
and three hundred dollars followed by
recital that this sum was the ag-
gregate of the several purchases and
,nN, L., \
the amount bid therefor.
1t was contended by the Treasurer
that the deed contained distinct mat
tiers and was made for more than one
and under Sec. 925, Com
piled Laws, the stamp duty should be
assessed upon each matter or consid-
GRAFTON separately. The Supreme
Court finds this contention wrong, Civ
ing the following as the law:
THE stamp duty, payable under Sec
GAL, c. L.. is assessed upon the deed
of conveyance and the consideration
therein expressed and not on the sep
arate considerations for several con-
tracts set out therein.
THE assessment is not on the con-
tracts or necessarily on the consid-
Grafton therefor"
COURT NOTES.
Miss f.. II. Ryan, San Francisco, has
made return of her commission to
take the testimony of r. ID. Silliman in
that city, in the equity suit of Charles
S. Desky VS.. c. w. Booth and w. h.
Fisher, a bill for reformation of
and for an injunction. Mr..
Silliman, while practicing in Honolu-
lu, drew the Pacific Heights mortgage
under employment by Mr.. Desky. Miss
Ryan was the late Judge Estee's Sec
rotary.
Judge Robinson granted the petition
to admit the viii of the late John +.
Scott to probate. Ninette Scott widow
Of testator. Is named as sole devisee
and eXecutriX
Administration proceedings have been
taken on the estate of the late Gardner
*. Wilder, the widow petitioning.
Chan All Fun has discontinued her
suit for divorce against Max Yau Kui.
THE RICHARDSON CASES.
Demurrers to the several indictments
against Vivian Richardson, lately
clerk Of Honolulu Water Works, were
argued before Judge DE Bolt by A. q.
N. Robertson for defendant ana Depu-
-y Attorney General Il. @. Peters for
he Territory, The point raised on de-
nurrrr was that the position defend
ant held az the time OF the alleged
,fice was not one making him amena-
bio 10 the law relating 10 emhozzle-
uent of public moneys. Judge De |
.lnlt oyorrulod tho domurrpra, when |
Mr. Robertson moved fnr am uter- /
orulury order 90 carry tho point forth /
Wan u tbe supreme count This m0- |
luu w Hhru under adylarm0ut una
% TU.Hlar tha court shlw'ug snmr
urUHaNnu iu Fanl ~ order
NOW Tl AKIiD rUDUULI Now |