The Hawaiian gazette., 1905-12-05
JUDGE DOLE UPHOLDS
THE REGISTRAR IN.PART

the words of the statute n condition
precedent for the vesting of the title
in the party in whose favor the judg-
ment is rendered. The contention of
the defendant that this petition for
mandamus is a petition for an original
writ, and not necessary or ancillary to
the exercise by this court of it's juris-
diction by statute made and provided
Is not well taken. for there is no ques-
tion that the proceedings for condem-
nation above referred to were within
the jurisdiction of this court and as
the writ of mandamus prayed for is
desired in order to carry out the OBJ
jects of the original proceeding and to
give complete relief, 1t can not be re-
garded as an original writ so far as 1t
relates to such judgment"
Authorities on jurisdiction in general
and specifically are quoted, the follow
ing being passages from the quotations
out of Riggs VS.. johnson County, 70 U.
5. 166 and subsequent pages:
Process subsequent to judgment is
as essential to jurisdiction as process
antecedent to judgment. else the Judi
| cial power would be incomplete and
entirely inadequate to the purposes for
which it was conferred by the Consti-
tuition"
| Executions, It is admitted, may be
| Issued by the Circuit Court, but the
power of such courts to issue the other
writs necessary to the exercise of juris-
diction, is equally clear, with the single
| restriction that the writ, and the mode
of process, must be agreeable to the
principles and usages of law. Usages
of law, and not of common law, It will
be observed, are the words of the pro-
vision"
1t is shown by the court the proceed
ings for the writ conform to the prin-
ciples and usages of law as existing in
the Territory at this time under the
Territorial statute of mandamus. Then
the laws of the United States for con-
demnation proceedings are shown to
provide that such proceedings shall be
| prosecuted in accordance with the
laws relating to suits for the condsm-
nation of property of the states where
in the proceedings may be instituted"
THE CONCLUSIONS.
Concluding, Judge Dole decides the
| two phases of the case as follows:
I'm regard to the deed referred to in
the petition as having been refused
registry by the respondent, this court
would be without authority to issue a
writ of mandamus to compel the regis
| try thereof IL ii was an independent
| transaction without relation to the pro-
ceedings of condemnation, inasmuch as
| in that case such a process would be
an original writ of mandamus. With
the obvious connection of the deed in
| this case with the said proceedings. II
| is still question in my mind whether
a writ of mandamus to compel it's
registry would not be an original writ,
and therefore beyond the power of this
court. Mr.. Hughes says. in his Federal
Procedure, page 266, The jurisdiction
is conferred by reason OF the principle
; that 1t is necessary as an incident TO
the main case and in order to carry
out the objects OF the main case and
give complete relief or TO settle all
questions necessarily dependent upon
the main case Is the deed referred
! TO necessary to the main case in order
, to carry out its objects? think not
1t would appear from the Hawaiian
statutes of eminent domain that q
Judgment of condemnation, upon being
recorded in the office of the Registrar
! of Conveyances, vests the property
condemned in the plaintiff. This re-
suit, so far as the transfer of the title
is concerned, is complete, and no fur
l ther section, conveyance or relief is re.
! quired.
IF this view is correct, a writ O.
! mandamus to REQUIRE the respondent I,
record the deed in this case, would b,
an original writ and therefore beyonC
the authority of this court.
. In view of the foregoing authori
i ties and considerations, the plea TO tn
jurisdiction is allowed as to the dee
: of conveyance referred TO in the peti
tion and overruled as to the judgmen
of condemnation, and the defendan
S may have five days in which 10 shov
lcause or make further plea"
II may be said that Registrar Merr:
: am declined the deed for registratIo
because of demand that he registe
: maps Herewith, whereas the Territoria
law governing the Office specifcalI,
= provides that maps may be filed bu
n mot recorded.