The Hawaiian gazette., 1904-12-09

THE HOLT ESTATE.
Judge Gear signed an order appoint
lag Carlos Long In place Of Henry
smith. resigned. az administrator de
bonis non cum testamente anneXo or
II. w. Holt. who died on or about
some day in November. 1852. under
$40 900 bond. The estate Is stated In
the order to be Of the value OF sllo,-
600. George A. Davis represented the
petitioner.
HABEAs CORPUS DENIED.
In the case OF Fukunaga, the Japa-
| nese fisherman imprisoned in default
of paying a fine OF $50 and costs for
fishing within the bounds of the Homo
uliuli fishery. Judge De Bolt yesterday
rendered an oral decision holding that
the Judgment of the lower court was
valid. He therefore ordered the writ
Of habeas corpus dismissed and the
petitioner, Ftkunaea. remanded to the
custody of the High Sheriff.
Geo. A. Davis, attorney for petition
! er, gave notice of an appeal to the Su-
preme Court Fukunaga was released
under his former bond of $50. S. M.
| Ballou for the prosecution making no
objection.
| The ground of the petition for the
writ was that the United States Con-
gress, in the Organic Act, had repeal
ed the proprietary fishery laws of Ha-
| wall. At the trial before District
| Magistrate Hookano of Eva, proof
| was given that the o. r. & l.. Co.,
owning the honolulu fishery. had
taken the steps required by the Act of
Congress in question to establish its
vested right in the fishery, the Act ex-
fisheries as might be held under vest
ed rights.
THE DISPUTED CONTRACT
C. s. Holloway, Superintendent of
Public Works. and J. H. Fisher, Audi
tor, answer the complaint of Lord &
Belser, contractors, against John
Walker, contractor, and themselves.
They deny that Walkers bid for
dredging the Alakea street slip was
not accompanied by certified check
of 8 per cent of his proposal and that
the paper filed by Walker was not a
certified check within the meaning and
intent Of the advertiseme' 1t for bids
Also, they deny that the contract is
null and void and contrary to law and
the awarding thereof to the said John
Walker as set forth in said contract
was illegal and unfair and will result
in irreparable injury to the complain
ants herein as we'll as to all other
taxpayers Of the Territory, and will
deprive said compliments of theil
right of fair, equal and impartial COM
petition under the law of bidding or
public contracts"
COURT NOTES.
Caroline Teves widow, petitions thai
she be appointed administrator of the
estate of her late husband, Eduardo
Jose Teves, which is valued at s1S29.5C
and consists of certain leaseholds with
improvements, excepting an item OF
$299.50 as the value of 25 shares in the
Phoenix Savings, Building G. Loan AS
ISOLATION.
Charles Clark, attorney for plaintiff
|
sumpsit suit of Allen & Robinson VS.
Frederick w. Knight, defendant, and
Carl Du Roi and William Wolters. gar.
) nishees.
Albert Barnes VS.. c. r. Collins, bill
for dissolution of partnership and ac-
counting, was argued before the SUI
preme Court yesterday morning Whit
ney and Clemens for plaintiff; Dunno
for defendant.
Samuel Parker by his attorneys
; Magoon and Lightfoot, has made an
swer denying every allegation of Sid.
ney M. Ballou's complaint, in which
$4,000 is claimed as damages for libel
The plaintiff having rested in the
ejectment suit, with $4,000 damages
claimed, Of Ching Man Sing VS.. Mary
A. Richards ct al, NJ Wilmington fol
: defendants moved for a nonsuit Judge
De Bolt denied the motion, exceptions
were noted and evidence for the de-
PENDANTS began to be put on.
William r. Sims was appointed BY
Judge Gear master on accounts of the
: estate of Tokujiro Niiya.
| n = - .