The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-12-30
MANDAMUS;
PUT OVER
Tactical Fight In
Public Works
Case.

Another sudden turn was taken yes
terday morning in the mandamus case
of Hawaiian Dredging Company against
the Superintendent of Public Works.
Judge Robinson had overruled the de-
tnurrer of respondent and wrangle
ensued on the contention of the plain
tiff that the time had elapsed within
which respondent might file an answer.
Mr.. wilder's eloquent index finger
was pointing the court to the Hawaiian
statute as being its guide, rather than
the Colorado law Mr.. Cathcart was
pleading, when Mr.. Cooper whispered
in his confrere's ear and a moment OF
great calm followed. Then Mr.. Cooper,
with conciliatory smile, announced to
the court that the complainant would
waive objection to an answer by de-
PENDANT. This, he explained, was so
that the case might be tried on its
merits forthwith, thus saving the COM
plainant the necessity of bringing an
other mandamus suit.
Mr.. Cathcart now wanted a reason
able time within which to file an an
swer. His learned opponents thought
until next morning should suffice, but
he said the drafting and typewriting
alone could hardly be done in that time.
Judge Robinson spoke hopelessly of
chances for the hearing at an early
da teif not brought on before the jan
Larry term opened en- Tuesday, with
"a IN
calendar Recently he had been doing
the work of two Judges and just now
was doing the work of three. He Of
fered to sidetrack another case on
Saturday morning at $3.50 for the man
damus hearing, If the answer were by
| then forthcoming.
| Mr. Wilder, however, said there might
be something in the answer which the
| complainant should want to traverse,
and the upshot of it was that the fur
Their hearing of the case was set for
1870 Tuesday afternoon. The new
Grand Jury will ere that hour have
been sent upon it's business, and the
trial jurors are not coming in until
Wednesday morning.
OLD KONA SUIT.
Demurrers have been filed to thC
amended complaint Of William w
Bierce, Ltd. VS.. Clinton ]. Hutchins
trustee. ct al. by Defendants Arthur
Il. Wood and William and Arthur
Waterhouse, executors of the will o.
Henry Waterhouse. They set forti
that the complaint does not show
whether or not the judgment sued OF
has been appealed to the Supreme
Court; that while the complaint state:
the judgment at 1922, OOO as the value Of
the property, the return bond attached
to the complaint represents the value
OF the property as being SIS 900; that =
does not appear in the complaint tha
the case was transferred from the Third
Circuit Court to the First Circuit Cour
with the consent of these demurrinf
defendants, and that the complain
does not show a cause of action against
them.
Defendant Hutchins has also filed s
demurrer of like tenor to the others
The property whose value is involve'
is the railway plant of the defunc
Kona Sugar Company.
TO SUPREME COURT.
given notice Of appeal to the Suprem
Court from the decision of Judge Rob
inson against them in their injunctioi
Suit against John Walker. Superintend
cnt of Public Works Holloway and Au
ditor Fisher,
Defendants in the ejeCtment suit o
William Kapepee VS.. Kuapahi and Ioo
l6u have brought Il petition for writ o
error in the Supreme Court. They az
sign errors to Judge Hardy presldint
/ at the July term of the Circuit Court
in rendering Judgment, jury beinl
waived. in favor of the plaintiff.
THE CRIMINAL TERM.
Immediately after delivering hi
charge to the grand jury on Tuesda
AT 10 o'clock, Judge Robinson viii ca
5 the criminal cases on the Januar
5 term calendar The trial jurors 70
Judge Robinson's court are notified t
appear at 10 "A. m. Wednesday.
ATTORNEY WAS LATE.
2 Defendants motion for new tria
f in the replevin suit for two cows O
D Naleka Hailele VS.. Frank Pahia wen
I BY default before Judge Robinson yes
teIday, on motion of Mr.. Ashford TO
: tho plaintiff. w. c. Achi. attorney 70
l defendant, failed to appear at the Sc
time, hence the shutting out of hi
client.
SHAW PARTNERSHIP SUIT.
In the equity suit of Seeley l. SHAY
VS.. Joseph 5. Canairo for dissoiu
ton of partnership. etc, Judge Ro
| binson appointed Frank L. Thompso
as receiver under bond of $3.50
which he has furnished with Gee
Brown as surety. A supplemental
order authorizes the receiver to ex
tend credit for not exceeding thirt
: days to purchasers of goods from s
I. Shaw & Co.
KUMALAE AND JOHNSON.
- Judge Robinson granted Jonah Ku
malae and Enoch johnson twenty day
r after December 80 within which
: file their bill OF exceptions to conviC
ton of gross cheat.
COURT NOTES.