The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-08-11

junction proceedings to enjoin the La
hainaluna contract awarded to plain
tiff's firm.
In regard to laches, which the SUI
preme Court held was not maintained
against the plaintiff, the movant sub
mits that it was manifest error and
mistake TO hold that the decision of the
court below was conclusive when the
question of laches was not set up in the
answer and was not presented in that
court Further, it is suggested that
the Texas case cited refers to laches
of a trustee in not properly investing
funds and not to laches of a party to
an action, and that the California cases
have no force in this jurisdiction, the
rule as to the conclusiveness of findings
in equity cases being different in the
two jurisdictions.
The appellant submits that it is
manifest error and mistake to declare
that the object of the statutory pro-
vision in question is ito prevent IA
voritism. corruption and extravaganza
also that the action of the Superin-
tendent of Public Works opens the door
for favoritism and fraud and then to
declare that ''the facts in the case do
not warrant the slightest imputation
against the superintendent of Public
Works and that he acted as he did
from a desire to save to the Terri
tory the value of the old piles, if they
had any, and to reduce the cost of the
work in hand
The motion contends that the SUI
preme Court erred in finding that there
could be no genuine competition under
the advertisement and specifications.
Decisions of mainland courts are quot
ed to show that much more variant
bids were held legal elsewhere. 1t is
commended that the deliverance of the
court, viz: The character of the work
and the materials of which 1T shall be
must be decided in advance,
as a proposition of law, must be modi-
fed by the exception, las nearly accurate
as possible In a Detroit case it was
held that the specifications need not
be definite but could be left indefinite
where it tended to promote cheapness.
Another point raised is that the Su-
preme Court decided, on the finding of
the court below, that Section 10, Act is,
Laws of 1908 extra session, was the law
under which the contract was let, pro-
viding: Every contract for construct
ing public works, or for furnishing ma
teriaI therefor. amounting to five hun
bred dollars (S500) or more, shall be
awarded to the lowest bidder who shall
furnish a sufficient bond, only upon pub
lie advertisement for tenders" This
finding is put down as having been
without any evidence. in the court below
as to what act the Superintendent of
Public Works was acting under, the APP
acts showing appropriations
Aa@
(which does not require the contract to
be let to the lowest bidder"
AS to laches again, the movant says
that the courts finding that the ode
tense of laches was not set up in the
answers etc, is not supported by the
facts in the case. 1t is contended that
the court erred in striking out the al
legged 'scandalous' part of the answers,
with which the allegations bearing on
laches were blended, as thereby de-
PENDANTS could not present properly to
the court below their defense that I'M
der all the circumstances the court of
equity would not act"
Matters alleged to have been over
looked by the appellate court are these:
1. That the paragraph in regard to old
piles could not have been made more
was equally accessible to all the bid
ders. 2. That there We're no old piles
to be used and the reservation falls
with the failure of facts to which it
could apply. 8. That equity will not
interfere unless the taxpayer and those
he represents have been damaged. 4.
The question that the bidder did bid on
the actual work which was to be done.
5. The question that the reservation
means only the right to use the piles
at what they are worth, thus diminish
ing the contract price.
REBECCA IN DEBT.
]. Alfred Magoon, guardian of Re
becca Panee Humeku, a spendthrift,
has FLED an account for the period from
February "a, 1903, to June 80, 1904, show
ing the ward to be in debt to the guar
dian for $555.91. There was transferred
from the principal to income account,
for maintenance of Rebecca," S1697.16.
Adding to this $2S12.16 received from
income account, the total receipts are
$450932. Payments on income account,
which include an allowance of $25
week to the ward, amount to $336S. OF,
adding to which the $169716 above
mentioned makes the total disburse-
ments $5065.23. The difference is Re-
becca's debt to her guardian for the
period in question. An inventory shows
the value of the estate to be $1S 765,
from which the annual income is $S4S.
TORRENS TITLE WANTED.
John Walker has filed a petition with
Judge Philip L. Weaver of the Court
of Land Registration to have his title
registered and confirmed to lot of land
fronting GO feet on Young street, with
a depth of Isl feet, as described in
deed from Charles W. Baker to petit
toner.
THE WILCOX ESTATE.
Judge De Bolt yesterday. after hear
ing, signed an order confirming the re-
turn and account of sales of real es-