The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-07-17
THE PARKER RANCH
LITIGATION At KILL

In the case of Alfred w. Carter VS..
Samuel Parker, Fred. Wundenberg and
Eben P. Low, pending at Kailua before
Judge Matthewman, since the last re-
port in the Advertiser, the following
proceedings have occurred:
On Monday, July IL, Henry E. High
ton, on behalf of the defendants, filed
the verified petition of Eben P. Low,
requesting instructions to the receiver,
E. E. Conant, to permit him to inspect
the books of the Parker Ranch on two
grounds; first: that he had been re-
quested to examine them by J. S. Low,
guardian ad Item of Annie T. K. Par
Judge Gear, for the purpose of prepar-
ing for the trial of the proceeding at
Honolulu for the removal of Alfred w.
Carter, guardian of the minors estate;
and, second: as the representative of
Samuel Parker, in reference to his in
terests. This matter was set for
Wednesday, July Is, at 10 a. M. and
the attorneys of Mr.. Carter were noti-
fed by wireless telegram. 1t was claim
ed by Eben P. Low that F. w. Carter
the brother of the guardian, was, not
withstanding the appointment Of the
receiver, still practically acting NJ the
manager of the ranch. the boN of
which and all it's facilities were the
service of A. w. Carter, guardia1n and
his attorneys. while Colonel Parkea and
his co-defendants were depriv{ " OF
access to them. Mr.. Low, however
while presenting his claim, expressed
his confidence in the integrity and fair
ness of the receiver, E. E. Conant, who
had applied to Judge Matthewman for
instructions.
On Wednesday A. A. Wilder, of Rob |
ertson & Wilder, filed several affidavits
in opposition to the application and
also showing the commencement OF an
action at Honolulu by Samuel Parker, |
as survivor of the firm composed of
himself and John p. Parker, deceased !
against the Metropolitan Meat Com |
pany, Limited, to recover $26, 252.39 foi |
beef cattle sold by the Parker Ranch. |
This action does not represent any con-
troversy with the corporation, which |
is simply in doubt as to the party to
whom the money should be paid, but ,
the difficulty between Colonel Parker as
survivor and A. w. Carter as guardian.
The question of the examination of the |
books and an order to show cause adj |
dressed to the respondents, after dis
cussion between Mr.. Highton and Mr..
TNiIHaT~ cot hao a LnhaIa
on July 81, on which date the term of
the Third Circuit Court at that place
commences.
The application of the receiver for an
enlargement or broader definition of his
powers, SO as to cover the selling Of |
cattle and the collection of money, was
partly considered by Judge Matthew
man on Thursday last at Kailua, and
its further consideration was postponed
until the following Saturday. Mr..
Highton filed an answer for the re-
spondents, in which they denied the
right of the receiver to collect for cat
tie sold before his appointment, but
conceded that, while the receivership
lasted, the business of the Parker
Ranch should be conducted in the usual
way. There is one item of about four
thousand dollars in the action brought
here by Colonel Parker, which it is
claimed represents cattle sold by the
receiver himself. Upon that point and
on the other sales, the affidavit of the
receiver as to the dates and figures of
each shipment is to be produced.
Mr.. Highton insisted on Thursday
that any sums due for cattle shipped on
and prior to July IS should be settled
in the action-at-law in Honolulu. Mr..
Maydwell appears for the receiver.
A motion to substitute the United
States Fidelity Surety and Trust Com
pany of Baltimore for H. E. Cooper, as
surety on the receivers bond for $50
goo, was also set for Saturday. Mr..
Highton filed written objections.