The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-04-15

dupncale taxation, although like the
, majority he holds the forest land i:
not exempt. All the conditions for ex-
emption were not observed. He main
tains that ''the assessment should be
such that the aggregate of the assess
rnents on the three lands shall not ex-
! coed their total cash value and con
cIudes thus:
THE appeal should be sustained, the
decision of the tax court reversed ano
the assessment of S64, 900 on the water
privilege set aside. The assessor should
now assess the 5000 acres of forest
land.
THE EVA ROBBERY.
Three witnesses We're examined in
the Eva road robbery case before
Judge De Bolt when, In the middle OF
yesterday afternoon. the prosecution
rested. A pistol had been placed in
evidence. Mr.. Matthewman moved that
the defendant Lee Jim be discharged
on various grounds taken down by the
stenographer. At 1854 the Jurors were
excused until $3.50 this morning, and
Mr.. Matthewman argued in support of
his motion. The courts ruling was
reserved until today.
PEARL HARBOR DREDGING.
In the case of Clark & Henery VS..
HI. Hackfeld &c Co., Ltd, and Castle &
Cooke, Ltd, A. S. Hartwen yesterday
filed notice to defendants to admit
the following facts:
THAT the plaintiffs Clark & Henery
I'D for. obtained and completed the
contract for dredging the entrance or
channel into Pearl Harbor, in the Ter
ritory of Hawaii, referred to in the
resolutions in the plaintiffs complaint
for doing the necessary work to be per-
formed to make the said entrance 200
feet wide at the bottom and 80 feet
deep and that the performance and
completion of the said work and con-
tract were accepted by the United
States Government
In case of refusal or neglect to adj
NIT the foregoing within As hours, it
is notified, the cost of proving the facts.
by dispositions of witnesses residing
without the Territory will be required
to be paid by the defendants unless the
judge presiding at the trial shall GER
tify that the refusal was reasonable.
Mr.. Hartwell in an affidavit, names the
absent witnesses as Lieut.. Col. Heuer
now stationed in California; Gen. Gill
lespie, chief of the Corps of Engineers
of the United States Army, now sta
toned in Washington; L. Thompson,
officer for the u. S. Cow
eminent, and Clark & Henery in Cali
fornia. The reasons given for claim
ing the admission of defendants are
that Castle e Cooke, Ltd, has paid to
the plaintiffs $17,875.49 in discharge of
it's obligation under resolution of the
EVA Plantation Co, and fulhllment of
its guaranty save and except it's joint
liability with H. Hackfeld & Co., Ltd,
under the resolution of the Oahu SUI
gar Co.; that Castle & Cooke, Ltd, has
fled confession of Judgment in respect
Of it's liability for two-thirds of the |
amount claimed; that H. Hackfe1d &
Co., Ltd, has repeatedly admitted that |
he work had been done under the con- |
.ract of the plaintiffs and that it's on |
y reason for not paying its one-third |
vas that Pearl Harbor was not decided |
o be open for commerce.
1t is further declared by Mr.. Hart |
we'll that there is now on file in the |
'ffice of the Superintendent of Public |
Works of the Territory of Hawaii Off |
;ial correspondence of Hon. III. E..
cooper. now one of the attorneys of
i. Hackfeld & Co., Ltd, then Superin-
ChAShb "a uOiAS ROIhS, Will OultSQ
states Army, officers showing that the
work mentioned in said contract has
,een done and completed"
H. Hackfeld & Co., Ltd, by it's at
orneys, Kinney. Mechanism & Cooper,
fled a refusal to admit the L
tated facts.
COURT NOTES.
In the foreclosure of mortgage of n.
Iackfeld & Co., Ltd, VS.. w. C. Achi,
appellant Estate, Ltd, W. R. Castle
nd ]. NJ Monsarrat. defendant Mon
lrrat answers with admission Of the
Legations and consent to the prayer.
Before Judge Gear plaintiff in the
suit of Oriental Life Insur-
nee Co., Ltd, VS.. WI Shing consented
, voluntary nonsuit. w. r. Castle
nd w. L. Whitney for plaintiff; c. w.
shford for defendant.
Ernest Pardon has been granted
ave by the Supreme Court to with l
raw his appeal from Judge De Bolts
ecree in the matter of the estate of Is
ugust Kraft, deceased. Fl
Francis r. Day by his attorneys, !
NTH & Lewis and Louis j. Warren, Ia
emurs as a defendant in the suit of I
:. II. Pain VS.. Paul Muhlendorf and y
hers, declaring that he never was a c
partner with the plaintiff. y
Judge Gears jury was in attendance {
.sterday. but eighteen cases were
He'd without finding one in which i
e attorneys were ready for trial.
-e- $-s--