The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-12-20

nyn<--w~-n-e--r->nrsnzEr -
whether the wholesale deprivation OF
the voters OF this Territory. u their
lawful right 10 q secret vote, was
through design or inadvcrtencc, nor
w'n our Investigations justify any
specific recommendations rs TO the
cure. but IN any event We believe. the
Territorial Government IL responsible
for non-enforcement OF the law. How
deep this neglect has been. and wheth-
err criminal or not, as to any particu-
lar official or officials, We are not pre-
pared to say. but we believe the Ter
ritorial Government had IL In Its power
by vigilance and proper precautions to
have secured a far better enforcement
Of the election laws than was secured
to the voter this past election; and we
recommend to the consideration OF
Congress. which has the control OF our
election laws in Its hands, that the de-
fects in the law which can permit such
wholesale disregard OF vital features
OF our election laws, be remedied so
as to make 1t impossible that there
should be a repetition OF the unsatis-
factory methods in vogue this last cleo
ton.
All of which is respectfully sub
mitted.
(signed) S. NJ. Damon, John Elm
ger. II. McCorriston, H. A. Wilder, j.
S. Splitter, ]. w. Mcdonald.
THE COURTS DIsMIssIoN.
Judge Dole thanked the grand jurors,
on behalf of the public, for their faith
full and cheerful attention to the mat
tiers submitted to them. The subject
matter handled by them had been one
of peculiar delicacy and the fact that
they had performed their duties with
harmony and without apparent fric-
ton was something to be appreciated.
as was also the evident frankness OF
the reports of both majority and min
ority. 1t was absolutely necessary,
Judge Dole proceeded. that the cleo
ton laws be kept inviolate. 1t would
be hopeless to attempt to obtain the
will of the people II the ballot were
not kept free and secret, and the
rights of the people would be preJu-
diced in a most essential feature IL
| that were not done.
SHE WAS DRIVEN INSANE
| Mabel Scott HURT, by her attorney,
Henry f. Highton, has filed an answer
to the libel for divorce brought by her
husband, Alba NJ. HURT. She deh.es in
detail his allegations of cruelty on her
part. Ever since her departure from
Honolulu under the compulsion of the
libellant, on or about September 30, 1902,
and for a long time previously she de-
clares, the libellant has been employed
as yardmaster of the Honolulu depot
OF the o. r. & L. Co. at a salary of
$3.50 month, while ever since the date
mentioned she and their son, George
Melton HURT, now nearly four years of
age, have been destitute and living on
the charity of her relatives at Pomona,
Cal, who are all themselves poor.
Mrs. HURT appends to her answer,
with references to 1t therein, the copy
of an agreement made between her hus-
band and herself at Pomona on Janu-
airy %, 1903, whereby they agreed to
condone all previous grounds of mutual
recrimination and thereafter live in
a state of separation. HURT en-
! gagged to pay his wife $25 n
month thereafter as permanent
allowance. She declares that he
has only paid her $40 since that agree
ment was executed and claims that he
now owes her s565 Hereunder.
Mrs. HURT says the reason her hus-
band refuses to pay the maintenance
agreed upon is a claim he makes that
part of the consideration of the agree
ment was that she, within one year,
would institute divorce proceedings
against him. According to her infor-
nation such bargain would have been
illegal If made and she denies that it
ever was made. So much did she suf-
fer from his violation of the contract
that she was confined in an asylum for
the insane, from which she has but
recently been released.
Praying that the libel in divorce may
be dismissed Mrs. HURT asks that, fail
ing such relief, the proceedings may
be stayed until her husband has paid
the 1865 due under the Pomona agree
ment.
INSURANCE COMPANY LOSES.
After a trial without jury yester-
day, Judge De Bolt decided the suit
/ of Lee Ahlo vs.. Royal Insurance Co.
! in favor of the plaintiff for $4,000 and
interest at 6 per cent per annum from
March II, 1900. Castle & Wilmington for
plaintiff, Robertson & Wilder for de-
! PENDANT
NEW BISHOP ESTATE TRUSTEE
e. Faxon Bishops election as a trus-
tee of the estate of Bernice Pauahi
Bishop, in place of w. F. Allen. who
resigned on Nov. % last, was yester-
day confirmed by Judge Robinson, to
take effect upon the new trustees
! filing joint and several bond of him.
self and his co-trustees in the sum Of
one hundred thousand dollars.
/ PROBATE MATTERS.
Judge Robinson has appointed S
Ochiai as guardian of the estate OF
Mine Sakuragawa, a minor, living with
her mother in Toxic, Japan, under
$500 bond. The estate consists of the
distributive share of the minor in her
late fathers estate, the amount be-
ing $672.90, which is in the hands OF
Henry Smith, clerk of the Judiciary
department. Ochiai is cousin of his
/ ward
J. H. Craig. executor of the estate