The Hawaiian gazette., 1904-08-05

ations required by Act 3S of 1903. to
comply with the provisions of said act
Counsel for the Government contends
that the defendant corporation having
opened an office here. has acquired a
domicile here and that having failed to
comply with the statute II should be
enjoined from doing business in the
Territory.
After an exhaustive review of the
authorities have found no case which
holds tSt foreign corporation doing
a business of strictly commerce, inter-
state or foreign, has been held to be
subject to the Legislative control of
a state or Territory.
OF course. II the foreign corporation
not only opens an office in the State or
Territory where 1t seeks to do business,
but carries a stock of goods In such
state or Territory then 1t becomes sub
ject to Legislative control, for IL is
then doing a purely local business as
distinguished from interstate or for
eign business. But no case can be
found that l know OF in which there
has not been a local business carried
on with goods actually in such State
where the courts have held that the
foreign corporation could be controlled
by the Legislature
1t appearing that the defendant cor
poration carries no stock Of goods here,
but fills all it's orders by shipment
from California direct to the custom
business of strict commerce, it follows
81, 4, Col 10 1T 4. he f,,
the statute as corporation engaged
in the business of foreign or interstate
commerce., and cannot be enjoined
from carrying on business in this Ter
ritory. The respondents are therefore
entitled to judgment and it will be so
ordered.
Deputy Attorney General T.. c. Pet
ers for the Territory. Castle G. With
ington and Holmes & Stanley for re-
spondents.
STILL OWES BIG SUM.
Judge De Bolt yesterday filed an or
der approving Commissioner ] f. Nor
gan's return and account of sales of
the property of the defendant in the
foreclosure case of a. Lidgate VS.. Ho-
nolulu Clay Company, Ltd. 1t is or
dered that the sum of 1856, shall be
credited to the costs. charges and ex-
penses. and that the balance of the
proceeds of sale, s4i22.25 be paid to A.
Lidgate, the petitioner as a credit on
the total judgment of s1O,66596, and the
clerk of the court is directed to docket
a judgment against the defendant for
the sum of ss243.71, this being the
amount unpaid on account.
COURT NOTES.
Judge Dole of the Federal Court, left
for Eva yesterday to spend few
days.
Trustees George r. Carter, j. o. Car
ter and ]. r. Gait yesterday filed the
thirteenth annual account of the es-
tate of the late Fl. A. p. Carter show
ing a balance of principal and cash
on hand of s244, ,2074i, and expenditures
on account of income amounting to
S2S, 76S.T. The largest portion of the
expenditures is in payments of income
to S. A. Carter, F. I. Crehore, A. c.
Gait, C. j. Carter and George r. Carter.
Abigail X. Parker, j. o. Carter and
Cecil Brown, executors of the estate of
the late James Campbell, have filed an
appeal in the Circuit Court against the
decision of Judge Gear in matters con-
cerning the estate except the surcharg-
ing of the executors with the payments
of s5S,274.65 to Mrs. Parker s35, ,920.3l
to Prince Kawananakoa, and sl0,910.01
to Miss Alice Campbell.
The case of the Territory VS.. B Fl.
Wright, charged with embezZlement of
public funds, was argued and submit
ted yesterday to the Supreme Court.
The case of H. f. Cooper VS.. the Is
land Realty Co., and ]. A. Gilman, on
appeal by the defendant was argued
yesterday afternoon before the Supreme
Court. Counsel for the defense began
argument and will continue today.
Defendant in action of ]. w. w.
Brewster VS.. +. j. Church. has been
given until August 2S within which
to complete and present for allowance
his bill of exceptions.
II G. Middledtch has been substituted
as attorney for plaintiff, vice Robertson
& Wilder in the assumpsit action of
Henry Waterhouse Trust Company,
Ltd, trustee, in bankruptcy of C. F.
Herrick Carriage Co., VS.. ]. Kalani-
anaole.