The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-14

SAClElI AOMM EeNOlAL AL
( reserved until this morning or Monday
Antoine Fernandez. selling liquor
without license.
| Ho Sol and Fukuda, separately, re.
ceiving stolen goods.
Pang Chong and John Doe. jointly
and sau Man. selling liquor without
license
CRIMINAL LIBEL CASE.
| F. j. Tesla, Indicted for criminal libel
came before Judge De Bolt yesterday
morning with counsel for the flrst time
T. McCants Stewart and c. A. Long
appeared for him, asking that his plea
| might be reserved until Wednesday
They had not been long enough con-
nected with the case to look into ii
fully, but assured the court that they
believed grounds existed for a motion
to quasn the Indictment. E. c. Peters,
Deputy Attorney General, strongly OPP
posed continuance for such a time as
asked. It ought not to be later than
Monday. The court split the difference
by continuing the case until Tuesday.
SEA BEACH CASE.
Territory of Hawaii VS.. L. B. Kerr,
an injunction of seawaIl at Waikiki
beach, was undergoing trial by Judge
De Bolt most of the day. It is a sort
of test case, whose decision will con-
troll other beach proprietors as wen as
this defendant. P. L. Weaver appear
ed for the Territory. and S. H. Derby
of Kinney. McCianahan & Cooper for
the defendant. Mr.. Weaver presented
the doctrine that in the case of en-
croachment on the public domain. the
Government as the sovereign could or
der the obstruction removed at it's
pleasure without proving that it was
public nuisance. while if the object
in question was upon private land it
would require evidence to prove it a
nuisance interfering with navigation.
fisheries or other public benefits. In
the first instance everything depended
on the will of the Government while
in the latter the Government could on
" proceed to have the obstruction re-
moved as a, common nuisance.
APPEAL HOLDS GOOD.
Judg,. Robinson, after hearing Mr.
Wilmington for the plaintiff and Mr..
Stanley for, the defendant, in the case
Of Manuel P. Ferreira VS.. Honolulu
Rapid Transit & Land Co, denied the
motion OF plaintiff to strike from the
record defendants motion for new
trial. The denial was upon both
grounds pleaded, viz, that the defend
ant had not filed a sufficient bond and
that defendant had not paid the costs
accrued to the time of fling the mo-
ton. It was ordered by the court that
defendant have ten days of additional
time, after the completion OF trans
cript Of evidence, in which to file its
bill of exceptions.
KAMALo CASE AFTERMATH.
L. H. Dee VS. w H. Smith was on
trial before Judge Gear yesterday. J.
A. Magoon and J. Lightfoot appeared
for plaintiff, and j. j. Dunno for de-
PENDANT AT D.. m. the trial was con-
tinued until II M on Monday next.
It is an equity suit to remove cloud
from title, brought q little more th7n
a year ago Dee claims under a deeG
of High Sheriff A. NJ. Brown, who sold
the land under execution to satisfy
Judgment against Frank Hustace ct al.
in the famous Kamalo Sugar Co. pro-
motion case. He further alleges that
after both judgment and issue of exc
cution Frank Hustace pretended to
convey the premises in question to
defendant without consideration.
QUEENS HOSPITAL SUBSIDY.
In the matter of the appeal of the
Queens Hospital from the decision OF
the Auditor of the Territory, Auditor
J. H. Fisher by e. c.. Peters, Deputy
Attorney General, files an answer in
the Supreme Court. 1t mostly contains
admissions of the allegations of the
appellant. concluding with a prayer
that the appeal may be dismissed. The
charter of the Queens Hospital corpor-
alton is appended.
COURT NOTES.
In the equity suit of James Love
against James Love Jr., Annie K. Hart
and the Henry Waterhouse Trust Co,
Ltd, to dissolve guardianship. James
Love Jr., and Annie K. Hart by their
attorneys, Robertson & Wilder, denur
to the complaint on the ground that 1t
does not state such a cause as entities
the petitioner to the relief prayed for.
Judge Robinson denied the motion to
reduce alimony in the divorce case OF
M. R. Judd VS.. c. H. Judd. The libel
lee had pleaded, in an affidavit.
small salarysand the fact that he had
married another wife with three chill
dren
Henry E. Cooper has discontinued his
suit to enjoin the Mutual Telephone
Co. from mutilating the royal palm
trees at his Punahou residence, the
matters in controversy having been
,4.,,.;l1r adjusted Iaatxraer, the