The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-11-04
PARKER CASE
IS THROWN OUT
JUDGE LINDSAY RESCINDS Or
DER MAKING ]. s. LOW NEXT
FRIEND AND DISNISSES SUIT.

The Parker ranch case came to an
abrupt close yesterday afternoon.
Judge Lindsay threw the whole case
out of court. When the argument over
the motion to remove j. S. Low as
text friend was finished, the judge ruled
at once in favor of the motion Then
he dismissed the entire suit. His de-
cision was as follows:
81 do not in giving my decision intend
to say very much. In fact, 1 think
the less said the better.
From the evidence in this case it
seems that several corporations exist
ed upon the Island of Hawaii that
had for their purpose the exploiting of
the water in the Kohala mountain
shed. The personnel of the stock
holders and officers i'm these corpora
tons were practically the same, and,
as far as the court is aware from
the evidence, consisted principally of
Mr. Samuel Parker, whose interest has
not perhaps been exactly stated to the
court; but there is no hiding the fact
that he was one of the chief men in
the corporations. That j. II. McCrossou
was the active spirit in this; that
John Hind, of Kohala, had also some
interest in some of these corporations.
Mr.. S. Low was the manager of the
firm of Hind, Rolph and Company,
and also was an officer, secretary 1
believe, in one of these corporations,
the corporations being DESTROYS of OBJ
tanning a right of way across a piece
op 70 hn
T. K Parker; and it appears that
McCrosson had had some little talks
with the guardian over this, and, ac-
cording to his way of thinking, had
been refused the right of way. But it
is in evidence that he acquainted Mr..
Low with these facts, and urged that
Mr.. Low do something towards COM
polling the guardian to either give this
right of way, or to sell a piece of land
that she owned there, for the sum of
$124000. Mr.. Low, armed with this
one thought the thought of getting a
right of way across the land of the
! minor proceeds to an attorney, Mr..
Magoon and states his case to him. 1t
develops in time that he is Informed,
or he comes to believe, that the proper
method of proceeding should be in the
nature of a petition to remove the
guardian of the minor. His whole
avowed intent in going to see the law
| yer at first was to forward the in
/ terests of the Hamakua Ditch Com
pany; his own language on the stand
was that he was urged by the active
manager, McCrosson, to do So In
| this case, there can be no doubt that
the interests of the minor which the
next friend alleges to have had, was
/ a secondary thought; it was only con-
veyed to him after a consultation with
, his counsel, and in fact he himself says
he knew nothing whatever about the
charges of mismanagement of the
guardian. This all cropped up after
the suit was brought. Eben Low was
engaged actively in collecting data at
these times.
"A motion was brought by respond
ent and filed in court, seeking to en-
ouire into the status of ]. S. Low
and to enquire into his motives, and
= to see if he was a fit person to act as
next friend. That motion, as l under
stand it, by my predecessor was not
! passed upon but in order to escape the
laborious task of having to go twice
through the evidence, which he con-
sidered would be necessary, in order to
arrive at a proper conclusion as to the
motives of the next friend this mo-
ton was delayed, or postponed, to be
decided when this case was tried upon
it's merits. A later motion was made
by the next friend and his attorneys
for counsel fees, attorneys fees, fol
costs and attorneys fees, which this
court also postponed.
THE motion now before the court is
the motion to rescind the authority OF
j. S. Low, next friend, to act, and tC
dismiss this suit. After having heard
all the evidence in this case, which has
taken some sixty days, this court is
very much of the opinion, has not the
slightest bit of doubt, that the sui
as a whole against the guardian SHOULD
be dismissed, and upon it's own mo-
ton so orders, that the main sui
against the guardian herein be dis
missed. And that the motion that We
are now dealing with to rescind the
order appointing j. 5. Low, as mex
friend, be granted, and that the sui
be dismissed, with costs to the mex
friend. 1t is so ordered"