The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-17
ANSWER BY
JUDGE HARDY
He hesitates to Help an
Indicted Man Into
High Office.

Judge Jacob Hardy of the Fifth
Circuit has made answer to the pet1-
ton of David Kanealii for a will OF
mandamus to compel the respondent to
approve the sufficiency of the petition
er's bond for the Office of county SUI
pervisor He refused to pass upon the
bond in the first instance on being IN
formed that Kanealii s election as SUI
pervisor would be contested on the
ground of forgery of names upon the
petition in favor of his candidacy.
Petitioner gave no reply to respondent
and took no appeal. G. II. Willis as
relator sued out writ of quo warranto
to make the contest, but after de-
murrer had been overruled the pro-,
ceedings were suspended by writ of
prohibition obtained by w. s. Edings,
attorney for Kanealii, from the Su-
preme Conurt, wherein Judge Hardy
was ordered to show cause on October
2, why he should not be absolutely
restrained from any further proceed
ings under the writ of quo warranto.
At the July term Kanealii was in
dicted by the grand jury for forgery
in his petition of candidacy and he
pleaded not guilty. On the request of
w. A. Kinney, counsel for defendant,
by wireless message, the case was con-
tinued till next term, J. D. Willard,
county attorney. consenting. Having
stated these things, Judg Hardy con-
cludes:
ssThis latter fact that an indictment
has been found against the petition
er for the alleged forging of names
on the credentials by which he pro-
cured his nomination would seem to be
| reason fortiorl why respondent
should not now approve the bond. 1t
seems but reasonable and safe view
to take, that judge, whose special
duty it should be to promote the pub
| lie good, should hesitate to help in
duct into Office Of a highly important
and responsible nature one who is
gravely charged with using unlawful
| means to obtain it.
ton to the honorable judges of the
Supreme Court Should they hold with
him that the duty of the Circuit Judge
in the given case is not merely minis
terial, but that there is also some dis
| cretional, quasi judicial power to be
exercised when the exigencv clearly de-
| mands it, then may he respectfully ask
that the writ be dismissed. But should
L 4 l., Co, - ri
the respondent will wholly comply with
their decision, waving the issue and
service OF a peremptory writ. The
| quoting of decisions and the argument
in line with the view of the respondent
will be by J. D. Willard, ESQ.,, County
| Attorney of Kauai and Deputy Attor-
| ney general.
COURT ITEMS.
| William Savidge, guardian of the
| Phillips minors, has filed an inventory
showing that their property consists
of three pieces of land at Kahaluu,
| Koolaupoko, Oahu, containing an area
of 5.97 acres and valued at $1,000. NJ.
T. Simonton, P. II. Burnette and J. H.
Schnack are appointed by Judge
| Robinson appraisers to serve without
compensation.
Judge De Bolt declined to hear a
motion to enter satisfaction in the case
| of Elizabeth X. Pratt vs. Y. Ahin Com
| pany, being under the impression that
it was term matter. c. w. Ashford
appeared for plaintiff, and D. L. With
| ington for defendant
| Judge De Bolt signed decree of
/ divorce in the suit of Nina l.. D.
Frasher against Charles E. Frasher,
awarding the custody of the two chill
dren to the plaintiff
| Judge Robinson granted divorce to
| Susan K. Nye against J. H. Nye, with
custody of child to libellant.