The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-09-28

ACTION nABSURD'
and continuing for one week only.
Continued from page one).

Continued from page one).
Board of Supervisors were summoned
as witnesses this morning. A peculiar
feature of the testimony was that it
appeared that Trent had announced his
intention to pay the warrant anyhow.
The warrant is one which he was advis-
ed by the County Attorney not to pay,
and yesterday in court Judge Whiting,
! Trent's counsel in the present case,
stated that he had advised Trent not
! to pay it, The evidence showed. how
ever, that Adams had been told by
| Trent that it would be paid as long as
there was no injunction, hence the
case went on.
Chairman Smith of the Board of SUI
! pervisors, and Supervisors Adams and
Moore were called to the stand, also
Auditor Bicknell, Clerk Kalauokalani
and Andrew Adams, manager of Kahu-
ku Plantation, in whose favor the dis
puted warrant was drawn. At the for
mcr hearing the court held that the
fact that the auditor had possession of
the warrant indicated that Adams had
surrendered it, hence it had been prop
erly cancelled and there was no fur
Their use in trying to get an injunction
to stop its payment. Adams testified
this morning in answer to questions by
J McClanahan, that he had not surrend-
cred the warrant. He had given it to
! County Attorney Douthitt ito attend to
it," and he still claimed the amount for
which it was drawn.
Under this testimony, the action of
the Board of Supervisors in attempting
to cancel the warrant comes under the
judges description in the last hearing,
as absurd and rash" In fact the
judges ruling at the last hearing was
based in part on his refusal to assume
that the Board would do anything so
absurd" as to try to cancel warrant
not surrendered. This morning he had
! to hold that the Board had done it, for
there was no testimony any other way.
There is no question that the resolu-
ton attempting to cancel the warrant
would be held to be invalid" said Judge
Robinson, ''as long as the warrant was
in the possession of the man to whom
it was issued and had not been sur
rendered by him."
Mechanism attacked the legality of
the special meeting at which the can
collation. was attempted, but there was
no ruling on this. lie argued that the
warrant was still a valid warrant, and
that it was about to be paid by Trent
unless the court granted the Injunction
Mr.. Adams has testified that he has
been Informed by Trent that it will be
paid on presentation" said McClana-
han. He says he was told by the
Treasurer that there was nothing to do
but pay it, since the injunction against
it was killed. that he intended to nav it
in the first place and was stopped by
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IN IIps 81 lueJJBM 9VL 'uouounruJ us
the pleadings the resolution of the SUI
lperVisors cancelling the warrant, Nc
lClanahan announced himself ready to
proceed with the petition for a perma-
nent injunction to stop payment of the
warrant Judge Whiting asked for a
continuance, and the matter was set for
tomorrow morning at O'clock
During the proceedings Deputy Coun-
ty Attorney Mlverton proposed to in
tervene as representing the Board of
Supervisors whose actions he said were
attacked. Both sides objected, and the
court refused to allow him to appear,
holding that the Board was not a party
to the action, ---~-o--.
939@@3%>%s.s3e33@3@@@@@@@9>@@
TONER in the supreme courts Of Penn
sylvania and Colorado.
Judge Robinson yesterday granted
decree Of partition in the case of
Lyle A. Dickey against the heirs of the
late w. H. Cummings. An appeal was
noted by ]. Lightfoot, attorney for F.
Wundenberg, guardian, and others.
Pending the issue of the appeal it was
agreed between the parties that Chris
Willis, surveyor be named in the de-
cree as commissioner to partition the
property