The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-01-10
CRACKSMEN
SENTENCED
Lodging House License
Test Case...Other
Court News.
CFrom Saturdays Advertiser)


on trial before Judge Robinson yester-
day for burglary in the first degree
but Attorney General Andrews enter
ed a nolle prosequi for Borgess. Lyle
A. Dickey appeared for Laiken. whose
trial proceeded. The following jury
was found satisfactory as drawn: J.
A. r. Vierra, j. S. Azevedo, Chas.
Gridier, #. p. OBrien, F. E. King,
Vim. ]. Karratti, L. r. A. Hart, AL
bert McGurn. L. 7. Dreier, Frank j.
Robello, James II. Cummings and E.
e. Hartman.
After an absence Of two minutes the
Jury returned a verdict of guilty. Lar
kin was sentenced to be imprisoned at
hard labor for eighteen months. The
convict is a negro, who with Borges
was indicted for breaking into the ka-
lihi store and taking merchandise
therefrom.
Judge Robinson sentenced Chang
Hung to imprisonment at hard labor
for three years, and Tung Kan alias
Akana for two years, for burglary In
the first degree.
An lu1I anu All ShOy tpN't
rIeas of not guilty to indictment for
maintaining a lottery, and were 4ach
sentenced to pay a fine of $50 and
costs.
THE CIVIL CALENDAR.
Judge De Bolt has disposed of cases,
on calling the calendar. as noted be-
low. Two insurance cases from the
great fire of January 20, 1900, go by
the board for want of prosecution. A
Supreme Court decision on a parallel
case settled the issues.
Jesse Makainai VS.. Goo Wan Hoy,
claim of $500 balance on land sale. Is
continued for the term.
Won Quai ct al VS.. Loo Chit Sam
and A. F. Cooke, claim of $1,000 for
trespass is continued for the term, be-
ing in process of settlement. For a
similar reason the same disposition Is
made of Wong Quai ct al VS.. Kun
Chung ct al, trespass suit for $10U.
o. p. Brown VS.. p. T. Baker ct al,
assumpzit for $4,000. is continued for
.he term.
Chung Tong Chung VS.. Luke Mong
Wa, defendants appeal from District
Court judgment of Sl5G50 for plaintiff
Is continued for the term.
Wong Kong Vim VS.. Union Assur-
ance Society, claim of $1,000 and in
terest, Is dismissed for want of prose-
cution.
NJ. Phillips & Co. vs. Harng Lung
Kee Co. assumpsit for $142.19, Is con-
tinued for the term.
Poi Kan VS.. The Svea Insurance Co.,
claim for $500. is dismissed for want
of prosecution.
Julia dos A. NJ. Comes VS.. NJ. G.
Silva, assumpsit for $685. is continued
for the term.
Emma Wood ct al. VS.. Hattie KiN-
ma ct al. is continued for the term
owing to non-appearance of plaintiffs'
counsel. 1t is an ejectment suit for II
acres of land in Waialua.
w r. Kaleookekoi VS.. Wailuku Su-
gar Co., ejectment, is continued for the
term because plaintiffs counsel was
absent when the case was called.
LODGING HOUSE TEST CASE.
Hop Sing How has appealed from
the decision Of Judge Robinson deny
ing him a writ of habeas corpus His
appeal will bring the lodging house
license before the Supreme Court for
determination of its legality. Judge
Gear in similar cases has released
lodging house keepers from sentence
for violating the license regulation In
question, on the ground that the law
was unconstitutional. His reason was
that there was no officer designated In
the law against whom a writ of man
damus would lie to compel the grant
ing of license on a showing of arbi-
trary refusal. In other words, a per-
son could not lawfully be punished for
conducting a legitimate business with
fl,aI Iott not ,lya
the granting of license compulsory
when there was compliance with rea-
sonable conditions on the part of the
applicant
When the writ of habeas corpus was
granted the Government was power
less to pring the question before the
Supreme Court. In the present case
the writ having been denied, Attorne!
General Andrews waived objections I,
delay in filing notice of appeal, so tina
the case might go up for final deci
sion.
COURT NOTES.
Judge Robinson excused his jury un
til Monday, when the Arroyo murde
case will be called for trial.
Defendants ]. NJ. and Alice NJ. Nc
Chesney in the suit of First Nationa
Bank VS.. ]. d. Gaines ct al. are g,vei
until February l to file their bill! o
exceptions.
Defendant in A. w. T. Bottomley
assignee, VS.. W. A. Hall is given unit
five days after his counsers returl
from Kona to file his bill of excep
tions.
X YamGmoto administrator OF tn
estate Of t. Niiya, deceased. petition
for approval of accounts and discharg
He charges himself with 347,350.03 an
asks to be allowed s42.232.9S.
Louis Marks, trustee, has petitione
the Land Registration Court for tit
to land at Iwilei containing $685. squai
feet.
After further hearing on Thursda
evening and yesterday morning, II
mandamus suit OF Hawaiian Dredgiu
Co. against C. S. Holloway. Superb
tendent of Public Works. was furth,
continued by Judge Robinson unit
Wednesday January 25