The Hawaiian gazette., 1904-08-05
GEAR IS
ENJ0|NED
iidsate Still Owes.
Court Seal
Again.

ningS yesterday morning IN Juuge
Gears court The motion filed by Mrs.
knight, mother of Annie 7. X. Parker,
the minor. was argued thoroughly ana
Judge Gear finally decided to take no
notice of the same.
The motion of A. W. Carter, that he
was not properly served with sum-
mons in the action to remove him from
the guardianship OF the minor. was de-
clared by Judge Gear to have been a
sufficient service. as service had been
made by leaving a copy of the sum-
mons with one of Mr.. Carriers attor-
neys.
In giving an oral decision on the mo-
tion of Mrs. knight above referred to,
Judge Gear said:
1.-THE only issue involved in this pro-
ceeding is whether or not the guardian
should be removed Whether or not
]. S. Low is the owner of Hamakua
ditch, or any other ditch, does not
seem to me to be a matter to be con-
sidered by the court at the present
time. l certainly think that the court
would not be authorized in ordering a
stay of proceedings. 1t seems to me
where a guardian, who is an officer of
the court, is brought into court on
sworn pleadings alleging his incom-
petence. the court should not make an
order staying proceedings. If 1t is true
that mere suggestion 10 the court
would authorize the court to grant this
motion, IL is all the more true that Ii
is absolutely immaterial who proceeds
against the guardian. The ward is the
ward of the court as well as of the
guardian. The court will make no or
der at the present time staying pro-
ceedings on this suggestion"
Judge Gear also made an order re-
straining A. w. Carter, guardian OF the
minor and his attorneys, from attempt
ing to procure hearing on the merits
of the case, until the further order of
the court. The courts order reads:
THE motion for a restraining order
and injunction made by A. Thelma X.
Parker, by j. S. Low, her next friend
and guardian ad Item, having come en-
duly to be heard, and upon full con-
sideration thereof and the return there
to made by A. w. Carter, guardian of
said A. r. X. Parker it is hereby op-
dered and adjudged that in the suit of
said A. w. Carter. guardian of said
Samuel Parker, F. wundenberg, ard
Eben p. Low, defendants, now pend
ing in the Circuit Court Of the Thiru
Judicial Circuit, for partition, tire said
Alfred w. Carter. Messrs. Bal'ou ana
Marx, Messrs. Kinney, McClanahal &
Cooper. and Messrs. Robertson G. Wild
er. and each of them and their agents
and servants, be and are hereby, until
further order of this court. enioined
and restrained from attempting to rro-
cure a hearing on the merits in sGid
cause. and they and each Of them are
hereby prohibited, enjoined and re-
strained from taking any steps what
ever in said cause, having for their
object the setting down of said cause
for hearing on the merits until further
order of this court"
The attorneys for A. w. Carter at
once secured n writ of prohibition from
the Chief Justice vacating Judge Gears
order as above and prohibiting judge
Gear and j. S. Low, next friend com
proceeding further in the matter of the
restraining order. The writ II return
able August %.
Judge Gear was just about to .erVe
for Hilo when service of the writ Of
prohibition was made on him by the
High Sheriff
PACIFIC STEEL o. X.
The Pacific Steel and Hardware Com
pany of San Francisco, represented in
this Territory by 7. A. Hays, can
operate here as business concern.
Judge Gear yesterday decided in favor
an ha 1af Mt hiS INF
in part, being as follows:
This is bill in equity brought by
the Territory ex rel its Attorney Gen
eral against the Pacific Hardware &
Steel Co., foreign corporation, and
Il. A. Hays, it's representative and EN-
ploye, to restrain them from carrying
on business within the Territory.
The complaint alleges that the cor
poration is not engaged in the busi-
ness of foreign interstate commerce"
nor is ii an employe of the L. S. Cow
ernment, but that nevertheless il has
failed TO comply with the requirements
OF the statute relating to foreign cor
porations, and therefore the complain
ant asks that 1t and its agent be en-
Joined from carrying on business in the
Territory.
The answers of the respondents ad-
init that the corporation is a foreign
corporation, but alleges that all the
business done in the TeTitory lis done
as a part of the foreign or interstate
commerce of the u. 5. A.. that the
business is and has been an order busi-
ness"
II is alleged that the office IL main
tained for the purpose OF showing sam
pies and receiving orders by Respond
ent Hays as an employe and not az an
othcer of the corporation and only For
his personal use ana not for the use Of
any officer or stoekholder OF the aor,
poratlon.
The evidence shows that fur about
iNo years last pact respondent Hays
hnH acted as Rn rmplnyv pf thu lr-
npondrnl corporation, acted Hs thrir
representative Tho rorrnwilun ,ar-
Fins pu Hiurk uf goods in Chile Terri
infN 1880 receives "a Hllay fuf hlH
HsrNirrH and 20 allowed d uulslu sum
faf espfnfft
ihf hHsl YurfiluU lu W. Hsr 4
Nhrlhrr Nl Nni ihf mIpHWl|HI flla
elihn iht .HiasNIl H IW0IHu ilu.