The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-08-28
THE KINGDOM
OF TANNING
THE DECISION OF THE HIGH COMMISSIONERS COURT
IN THE SUIT INVOLVING THE TITLE OF TANNING AND
WASHINGTON ISLANDS-WHO THE ISLANDS BELONG
TO AND HOW THEY CAME TO GET IT.


TO AND HOW THEY CAME TO GET IT.
The following report OF the decision Chief Judicial
oner for the Western Pacific suya the suit Of Bkne against
Ceg gives clear Of the title claimed by the plaintiff who
County Auditor of Oahu County and OF the issues OF the suit
Ills Honor the Chief Justice Chief Judicial Commissioner of the
Western Pacific delivered judgment this morning the action Of
icnej Creg in which the plaintiff James Bicknel sued George
ccH Greg and others for partition OF the estate OF RAINING and
Washington Islands The particulars OF the title under which the plain
tiff claims have already been fully reported
His Honor after relating the particulars Of the plaintiffs claims
said that the action treated by the learned counsel for defendants
Ir Shaw had thrown the plaintiff the of proving his title
the one undivided moe OF Tanning and Washington Islands
would be known the learned counsel that in suit for partition
not to him CHS Honor go into the construction of the
documents that had been put evidence The question
that OF title and in this he did deal with
That flaming Washington Islands had been taken possession
by certain parties and James English William Greig and George Bic
nell 1850 entered into partnership and 1860 Washington Island
came into the partnership by three transactions without
mot been questioned by by the defendant who had
duced no evidence in support OF his suggestion
The defendant Greg into the box but did seriously
date the plaintiffs title Therefore have it that from 1864 when
English disappeared the William Greig and George Bckne
were undputed possession That possession unrestricted
Now have already said there evidence that there is any
one else interested Washington and Tanning Islands the par
ties present before the Within the last three
appears that application made the High Commissioner for
the Western Pacific by Mr. Geg for license that recognizable
that framing Island belonged to the Crown but the Crown are not
parties this action and the defendant has asserted that the Crown
Should be parties to the action The plaintiff has pleaded his owner
slip with Greg and cannot therefore take that the defendant is in
any different position.
The Crown being before the Court any decree make
With regard and relative positions par
Is
divided moiety OF Tanning and Washington Islands
Another introduced by the learned Counsel for the defend
ants r Shaw objection that Greig and Bkne being part
partners only for profits arise but in the land itself
Consequently the death OF Geg the property partnership
and Tanning Islands Before the wills say this
tenon opens Of cases which have been already de-
OF partnership dealt detail with the various wills and proceeded:
acede Mr. Shaws contention agree that the
land partnership satisfied the parties joint
owners in fee of Washington and flaming Islands 1t is noticeable
that Her Maess representatives wrote to the Consul at Honolulu
that there nothing prevent the hosting of the British flag and
THAT legal evidence that the representative OF the government
therefore option grant decree this action for the
partition sale plaintiffs Washington Tanning
Islands, be settled Cham
be consultation OF learned counsel The OF this action
be paid by the parties ateaby and to be taxed in lump
His Honor ntmaed that he would be glad the defendants could
see their way to purchase the plaintiffs interest but this was matter
for arrangement between the parties
The Hon the Attorney then opened the plaintiff case in
Second the Defendants which he said O
dissolution OF partnerships e. accounts and Inquiries CO appointment
o receiver and manager Since Mr. OgS death IN 1892 defendant
George Bcnel Gg carried the business results have been
nersp business need not trouble your Honor here the &C
intention evidence in the box that question
receiver appointed by the Court pending the trial of this action
Cp T. d. Reid he has been acting as such TOR the past five months
land has paid various into Court the last being draft for
the benehcares savehose living the islands The
labor will become due for years and in the meantime
Greg will show that in 1901 dividend of $4,000 declared and
James Bclnel credited with $29Ooo half thereof
Frederick Carr called of the Institute OF Aus
aa have been through the books OF reg and Bckne for some
Wm Ge and coge Bctne in the wear 1851 and there is no
break in them down to the 9Th March 1905 refer to the Profit and
Loss Account the ledger with balance of sol which is disposed
OF follows: One moety James Bcnel onehalf VIM Greg
produce the Journal which gives the full particulars of how this bal
disposed Of 1881 1906 the whole per-
iod. Folio 242, December 81
Il To sundries, $58453 To VIM. Greg, $29,2266I
Amount drawn from Gg and Bckne each partner be credited
alike
Loss and Gain Account, debit $58453; VIM Greg, $29226
James Bckne $9226 There has been division of profits
\ Profit and Loss Account has been kept
Croexamined by Mr. Shaw AT the time of George Bcknels
DEATH 1884 his share in debit 1894 the time of James Bic
ne DEATH 1892 $2525 from 1892 the Folio headed ame
Bnel The headings always remained James Bckne since it
merged the balance has been carried forward and forward