The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-08-19

| dependent nearing DIT Tie present time
| A demurrer is on file to the amended
| petition of Low. The court is prepared
to take it up Immediately, and if the
| ma tier proceeds so that an answer is
necessary the court can then hear the
two motions at the same time
Considering the case then solely upon
the affidavits and papers referred tc
by the guardian it seems to me that
this is not a case where such a strong
case is shown by the verified motion
as will require the court to direct an
inquiry at this time under the circum-
stances of this case. There is not such
a showing that the court must see that
there is a probability that the infant $
interests will be prejudiced' at the pres
ent time. AS it is not incumbent upon
the court to refer this matter for in
curry, and as the court is convinced
that Justice will be better subserved by
continuing this motion until after an
answer, if any, is filed by the guar
dian and until a hearing can be lad
which will be full and complete, and in
which the whole matter viii De dis
posed of, the court will continue the
matter until such time as the motion
to remove the guardian is set far hear
ing on its merits. and it is SO ordered"
AS stated by the court, the matter
decided now is as follows:
u s. Low having, as next friend of
Annie T. K. Parker, a minor, petitioned
for the removal of A. w. Carter as
guardian of said minor upon grounds
stated in the petition, the guardian now
moves that the authority of said Low be
rescinded and that the suit be dismiss
ed, upon the grounds:
list That Low is representing and
has hostile interests to those of. the
ward which are necessarily involved
in proceedings to remove the guardian.
.'2nd. That Low is not bona fide
next friend but is a mere intermeddler,
and is seeking to aid Samuel Parker
in obtaining management OF the es-
tate of Samuel Parker, and to secure
right of way over the land of Paauhau
for the Hamakua Ditch Company for
as small a consideration as possible,
and also to promote a sale of the Paau-
hau land upon terms acceptable to the
Paauhau Plantation irrespective of the
interests of the minor. Another ground
is stated that Low is conspiring with
Parker and others to use the estate of
the minor to promote his and their IN
terests, and is seeking to remove the
guardian not because he is in fact unfit,
or should be removed, but because he
is an obstacle in the way of the accom-
plishment of the purposes of said Low.
I'm support of the motion the whole
record is made a part of the motion and
also the allegations of fact contained
in the matter of Mrs. Knight.
Elizabeth J. Knight, mother of the
ward, also files a similar motion based
On identical grounds as those contain
I'd in the motion of the guardian, with
he addition of the statement that she
rs mother of the ward has the right to
say who shall control the property of
he ward, and protests against the. re-
ention of Low as next friend.
THE averments in support of the |
notion are set out at length in the |
notion itself, the entire paper forming |
What counsel state to be verified mo- |
fon,' a pleading, however, with which |
he court has been heretofore lnfami- |
lar and for which research has failed |
o provide a precedent, so far as the |
curt is aware.
In referring to one of the grounds of |
he petition, the court says that the |
guardian should not be absolved from |
such an allegation by mere
V claiming that the next friend of the
minor should not have commenced the
1t also holds that the |
.ase is not in any manner similar to /
he cases cited on the argument. They |
we're generally bills in equity in which |
elief was asked against some third |
,arty. Not one of them was a case
where it was sought merely to remove |
guardian"
lold the position he has held all along,
hat a mere stranger may interfere for
the interests of a minor, also |
hat the court is the real guardian of |
minor and can act of it's own motion.
m receiving information from any |
source that the minors interests are
injury.
The aff1davits of Low, Parker and |
put in against the mo-
ions in question, are laid aside by the
curt as not for present consideration.
The gist OF the decision is that it is
carter the guardian and not Low the
lext friend who is at present required
o answer before the court, and that
4ow's position can be thoroughly in
restigated anyway incidentally to the
of Carriers conduct.
NOT GROSS MISCONDUCT"
David Watson has perfected his APP
zeal to the Supreme Court from Judge
Robinson's decree revoking his license
o practice in the inferior courts on the
round of his conviction of assault and
'attery on his wife. The offense was
Omitted but the appellant claims that
assault and battery lis not a gross
by law w. c. Achi is his
ttorney.
COURT NOTES.
Judge Robinson appointed Chock
Tong guardian of the property of his
on, c. Jock JOY, under bond of $780,
The ward is II years of age, living in
anton, China, and has property in this
Territory consisting of a one-ninth in
crest in the firm of Chez Wo Tung Co.,
.OilS hIlSineSs dr11crcrists. AI.,,,..c.