Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-07-19
FederalSupreme Courts
Mandate To Local Bench


Upol the proprietary fisheries test
case, S. NJ Damon. plaintif, the local
Supreme Court Is in receipt of the ,oi-
lowing, the first mandate issued by
the United States Supreme Court L..
the highest local bench:
United States of America. IS:
The President of the United States of
America.
To the Honorable the Judges OF the
Supreme Court of the Territory of
Hawaii.
Cert. seal)
Greeting:
Whereas. lately In the Supreme Court
Of the Territory of Hawaii before you
or some of you, in cause between
Samuel NJ. Damon, plaintifl. and The
Territory of Hawaii, defendant. where
In the Judgment OF the said Supreme
Court. entered in said cause on the
LIST day OF December. A. ID. 1902. is in
the following words, viz:
This cause came ON to be heard at
the October term. 1902, of this court
before the Honorable G. A. Galbraith.
associate justice OF this court, and the
Honorable John T. De Bolt, frs; Judge
Of the circuit court for the first cir
cult. sitting In the place OF the Honor
able W. +. F'rear. chief justice OF this
court. disqualified by interest, and the
Honorable w. J. Robinson. third judge
OF the circuit court for the first cir
cult sitting In place Of the Honorable
Antonio Perry. associate justice OF this
court. disqualified by interest. on the
plaintiffs bill Of exceptions to rulings
OF the circuit Judge presiding at the
special July term. 1902. OF the circuit
court for the first judicial circuit, Ter
rtory of Hawaii, and wis argued by
counsel for plaintiff and defendant.
1T is considered by the court and 1,
is now ordered and adjudged that the
decision of said presiding circuit judge
granting non-suit in said cause be
and the same is hereby confirmed and
the exceptions taken by the plaintiff as
sci out In said bill of exceptions are
dlsallowed with costs.
| By the court.
lSeal.l
lSigned) GEORGE LUCAS. Clerk.
AS by the inspection of the trans.
cript OF the record of the said Supreme
Court, which was brought into the Su.
pGeme Court Of the United States 10y
virtue OF writ OF error. agreeably tC
the act of Congress. in such ease made
and provided, fully and at large ap'
pears.
/ And whereas, In the present term oi
October, In the year of our Lord on,
thousand nine hundred and three. the
said cause came on to be heard before
the said Supreme Court. on the said
transcript Of record and was argued
by counsel:
On consideration whereof. Il IL now
here ordered add adjudged by this
Court that the judgment Of the said
Supreme Court In this cause be. and the
same Is hereby. reversed with costs
and that the said plaintiff, Samuel NJ
Damon, recover against the said de-
fendant one hundred and thirty-one
dollars and twenty-five cents for his
costs herein expended and have execu'
tiop therefor.
And II is further ordered that this
cause be. and the same Is hereby. re-
manded to the said Supreme Court with
directions 10 reverse the judgment q
the circuit court and to remand tn,
cause to that court with directions I,
grant new trial,
Witness the Honorable Melville w
Fuller, Chief Justice of the Unite,
States, the 9Th day OF July.
JAMES n. MCKINNEY,
Clerk OF the Supreme Court of tn
United States