The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-09-15

hull for less than two thousand dollars
Mr.. Amy says the original cost was
about twenty-five hundred and fifty
dollars, and fitting her up for libellees'
use cost nearly three hundred dollars
more, making a total Of twenty-five
hundred and fifty dollars. Why the
superstructure should now cost two
thousand dollars when 1t originally cost
but fifteen hundred and fifty, or eigh-
teen hundred and fifty with the ad-
ditions made, the scow having cost
seven hundred dollars, was not ex-
planned No evidence has been intro
duced as to deterioration Of the house
boat and yet there must have been
some. My estimate Of the damages suf-
fered by the libellant, Is eighteen hun
dred and fifty dollars and decree will
be entered for that amount with costs"
Leslie's libel against the Inter- Island
Steam Navigation Company was for
damages for alleged breach of contract,
the company having discharged him,
whereas he claimed contract existed
providing for his continuous employ
ment Exceptions were sustained some
time ago and an amended libel was
filed, Judge Dole dismisses the amend
ed libel, his decision being in part as
follows;
The case Of Savannah " Wlllett
would be parallel to the case before
the court If the libellant in the latter
had been discharged upon his arrival at
Honolulu before he had entered upon
the duties Of his new position. If that
had taken place, / should feel that in
some way he would be entitled to dam
ages, for to induce a sailor holding an
engagement in San Francisco worth
seventy-flve dollars a month with boarf
and lodging to cancel such engagement
ana come two thousand miles to Ho-
nolulu, on the promise OF steady en-
plOyment with chance Of promotion
with wages at fifty dollars a month at
the start and board and lodging, and
then to discharge him on his arrival at
Honolulu, would unquestlonably be
treatment savOring OF rank Injustice.
But as the contract with the llbellant
was carried out in good faith for a
period Of over two years and a half,
and the stipulation in such agreement
that he should have steady employment
with chance OF promotion being faith
fully carried out by promotion to the
position of first mate with a raise Of
wages from fifty to ninety dollars a
month and board and lodging as be-
fore, before he had been In the service
Of the libellee for one month, feel on
the theory that he was entitled to en-
ployment under his engagement with
the libellee for a reasonable length of
time In view Of the sacrifice that he
made at the inception Of the contract
by cancelling his engagement In San
Francisco and coming to Honolulu,
which may be said to support a pre-
sumption of an agreement on the part
Of the employer for an engagement Tor
such reasonable time as would be a
substantial return for such sacrifice,
that he had nothing to complain OF and
has suffered no damages that the libel
lee is liable for on account OF his DIS
charge"
In the l.. Hee case a petition In In
voluntary bankruptcy was opposed by
some of the creditors. The court holds
that prlma facie7cAse has been made
out by the petitioners In bankruptcy
and refuses 20 dismiss the petition to
have l.. Hee adJudlcated a bankrupt