The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-08
.L|CHTFOOT
On EQUITY
As a Witness IN Parker
Case He Discusses
Principles.

| Legal ethics furnished the chief topic
of discussion in the Parker ranch case
yesterday. and the ss-examination of
Lightfoot developed into an argument
as to the duties of counsel when seek
ing ex parte injunctions.
| The witness closed his direct ex-
animation by describing his return
from Hawaii after Eben Low had fail
ed to get possession of the ranch. Car
ter and Henry z. Cooper had started
for Kailua, and the witness rang up
Judge Edings and requested to be noti-
fed before any action was taken at
the request of the other side. Having
obtained the Judges promise, which he
took the steamer for Honolulu, and as
sisted in drawing and presenting to
Gear a petition for an injunction, the
object of which was to tie Carriers
hands while Low took possession.
| why didn't you get your injunction
in the Third Circuit - asked Kinney.
| Because the estate of Annie T. K.
Parker was pending in the First Cir
cult replied the witness.
| But YOU did not operate in the name
of Annie T. II. Parker when you re-
turned, did your
We'll, the guardian as guardian
was holding possession against u.s.
who is 'us'?" flashed Kinney.
Samuel Parker replied the wit
ness.
Kinney produced the petition in the
case of Samuel Parker VS.. A. w. Car
ter, which had been presented to Judge
Gear in the hopes of getting a tenn
porary injunction.
DO you recognize the duty of coun-
sci is seeking an ex parte injunction
to state the defendants claim fully and
fairly?"
Il recognize the duty Of counsel to
state all material facts replied Light
foot, but I don't think they are called
upon to file a brief on behalf of the
defendant
Don't you think that the fact that
Annie T. K. Parker owned half that
ranch was a material fact?' asked
Kinney.
Not on our theory of the case
K Parker in that petition from first
to last?'
IT don't know said the witness,
land I can't say I care very much"
Kinney took up the petition in detail
He asked Lightfoot if it was fair to
omit all reference to the minors own
ership and the fact that A. w. Carter
was her guardian, and to represent
that A. w. Carter was merely dis
charged employee of Samuel Parker who
was trespassing on the ranch. Light
foot replied that according to their
theory of surviving partnership Carter
was a discharged employee. AS to
whether or not it was possible for him
to be a trespasser on his wards prop
erty Lightfoot said he would have to
consult authorities.
Kinney further objected to a refer
ence to Parker wanting to close the
partnership business, to the statement
that the property of the Parker ranch
was on Oahu as well as Hawaii and
to the suppression of the fact that the
deceased partner had been dead thir-
teen years. Lightfoot denied repeated
ly that anything material had been
omitted.
81 have stated it many times" said
he, land will state fifty times more if
you like, that the petition is a fair
statement of all the material facts,
taking into consideration our theory of
the case
The witness admitted that the OBJ
ject of seeking the injunction was TO
get Carter out of possession and put
Low in, and Kinney began on that
feature of the law.
Don't you know that it is outside of
the pale of equity jurisdiction to trans
fer possession by means of Temporal
ry injunction?" demanded Kinney.
The witness thought that if Carter
had been given possession as manager
and now claimed it as guardian the
court would have jurisdiction.
Didn't Magoon try that in the case
of Wundenberg VS.. Markham and
didn't the Supreme Court rule that an
injunction would not be granted TO
change possession
''I am not familiar with the facts of
that case said the witness.
Kinney asked if the court was go
ing to sit in the afternoon, claiming
that the other courts could not be as
busy as supposed if Judge De Bolt was
unable to find attorneys ready to try
caes. The court decided to cut out the
afternoon session and adjourned till
Monday morning.
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