The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-04-14
JUDGE ALL
WILL STAY
Charges Against
Him Fall
Flat.
Attorney-GeneraI Finds
Magistrates Acts
Legal.
Peters Advises Governor That
Charges Cannot Be Made
In Supreme Court.

Governor Carter yesterday received
from Deputy Attorney General Peters
an opinion upon the charges against
District Magistrate Thomas Aiu of
North Kona, recommending that the
matter be dropped. NJ F. Scott charg-
ed in the matter of the Kona Sugar
CO. suits that the magistrate wrong
fully issued a writ of possession and
also that he was unduly influenced in
| that case.
The Attorney Generals Department,
after an investigation. finds that there
is no ground upon which charges
against Mr.. Aiu could be preferred in
the Supreme Court.
The opinion written by Mr. Peters is
as follows:
Honolulu, t. H. April 10. 1904.
In the Matter of the charges of NJ F.
Scott, Esq, vs. Thomas Aiu, Esq,
End District Magistrate of North
Kona, Hawaii.
To His Excellercy, The Governor of
the Territory of Hawaii, Executive
Building, Honolulu.
Sir:-Your valued communication of
the 9Th inst. relative to the above en-
titled matter, to hand and contents
noted. / have carefully considered and
investigated the matters and things in
the letter of Mr. M. F. Scott contained,
complaining of the action of Thomas
Aiu, Second District Magistrate of
North Kona, Hawaii, in his issuance
of writ of possession pending appeal
in a civil cause for summary possess
sion, in which the Kapiolani Estate,
Limited, was plaintiff and C. ]. Hutch
ms. Trustee, and the Henry Water
house Trust Company. Limited, were
defendants.
1t appears that the action was in
stituted before the Second District
Magistrate, Thomas Aiu, but there is
nothing in the statutes prohibiting such
action, his jurisdiction being coordinate
with the jurisdiction of the First Dis
trict Magistrate The parties litigant
can choose whom they see fit, unless
some regulation is made, as in the Dis
trict of Honolulu.
It further appears that on the 18th
submission of said cause, Judgment was
rendered for plaintiff, and defendants
Immediately gave notice of appeal and
thereafter perfected such appeal to the
Circuit Court of the Third Circuit,
jury waived, within the time and man
ner as provided by law. That there
after to wit: on the 18th day of March,
subsequent to the notice of appeal by
-
lection of said appeal, the said Aiu
as District Magistrate, issued a writ
of possession against the defendant c.
J. Hutchins, Trustee. That thereafter,
to wit: on the 14th day of March, and
before the same was served by the
Sheriff, the defendants-appe lIants gave
notice in writing to Sheriff ]. K. Ma
hale. notifying him that the appeal
had been perfected in the manner pro-
vided by law and that he took fur
Their action relative to said writ at
his peril. This writ was returned I'M
executed by Mr.. Nahale.
On the nth day of March thereafter,
another writ of possession was issued
by Aiu in the same cause, upon the
ex parte application of plaintiff, and
delivered on the same day to Nahale,
Nahale refused to serve, and the same
was sent by him to the High Sheriff !
at Honolulu, explaining the situation |
and requesting advice thereon.
No action on the second writ, how |
ever, was taken, and the same appears
to have lapsed for want of action there |
on, and it to date stands unserved.
On the 9th day of March thereafter |
John F. Colburn, Esq. Treasurer of |
the Kapiolani Estate, Ltd, accom- |
panied by c. F. Chillingworth, Deputy |
High Sheriff of this Territory, and c. |
A Long, Esq. Attorney at Law, pro-
ceeded by specially chartered boat to |
Kona, Hawaii. Upon the arrival of |
those gentlemen at the last named |
place, Aiu was Immediately consulted |
to the purpose of securing a writ of |
possession in the cause. and the re-
quest of plaintiff was granted to that |
end, and the writ served Immediately
thereafter by Chillingworth, in his Off
ciai capacity. AT the time of the Sc
curement of the writ there was no
one present representing either of the
although Mr. Guy F. Mayd-
well of Holualoa was attorney of rec
ord in said cause, NJ F. Scott, resid-
ing at the same place had previously
given notice to Nahale in reference to
the first writ and ]. X Nahale, the
Sheriff. of North Kona. lived in the
immediate vicinity, nor had any no.
tiee of the contemplated action of the
plaintiff been previously given to the
Of record. or any one else
the defendants.
The Session Laws of 1903. by Act
% thereof, provide that an appeal duly