The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-01-20
Mr.. HATCH
GIVES VIEWS

the cable taxation decision SlBneu Wy
Chief Justice Frear and Justice Hart
well. 1t made the lawyers put on their
guessing caps. They asked, Does ne
dissent from the principle of taxing
the cable or from the amount of the
assessment fixed by the majority of the
court?'
Yesterday Mr.. Hatch set the minds
of all concerned at rest by filing reg
ular dissenting opinion as follows:
"The three miles of submarine
cable, the subject matter of the as
sessment for taxes in this case, do not
lie within the first taxation district of
the Territory OF Hawaii. The first tax
alton district comprises the Island of
oahu. The Island of Oahu stops at low
water mark except where there Is an
outer reef, in which case 1t may e
said to extend to such reef. BY no
reasonable use of language, however,
can the Island of Oahu be said to ex-
tend any further than this into the
ocean. The jurisdiction IN the three
miles zone surrounding the islands,
which extends to a still further dis
tance for revenue purposes, is an at
States During the existence of the
Republic of Hawaii such sovereignty
was vested in the republic. 1t was
ceded, however, upon annexation to the
United States. 1t is not necessary to
consider the extent or nature Of the
jurisdiction of the United States with
in such zone nor what conditions would
arise should Hawaii be made state
OF the Union. Under present condi-
tions this sovereignty remains intact
| in the federal government. 1t has not
been ceded by the federal government
to the Territory of Hawaii. I. there
fore. dissent from the opinion of the
majority of the court"
sS;SSSSSSSSSsSSSSSS SSsSS>SScSsScsssS
primarily upon the portion of the prem
ises remaining the property of c. S.
Desky, trustee. and that such portion
was primarily liable to be sold for the
satisfaction of the mortgage.
2. That the several parcels convey
ed by Desky as stated in the pleadings,
were on July 49, 1904, subject to the
mortgage lien and liable to be sold for
the satisfaction of the lien only after
the sale of the portions still belonging
to Desky and only in the inverse or
der of their alienation as follows (a)
the Betters purchase, (b) the Califor-
mia Feed Co. purchase, (c) the Wolters
purchase.
Thayer & Hemenway and Ballou &
Marx are attorneys for Wolters.
LAND TITLE OPPOSITION.
| &c,
tration OF title to land he bought from
Frank Godfrey, trustee of Thomas
Metcalf, is opposed in an answer filed
in the Court of Land Registration by
Helen Rowland and James Prosser.
The same issues are raised as those in
the Godfrey Rowland ct al. suit, where
judgment for defendants has just
been set aside by the Supreme Court
as to Helen Rowland and a new trial
ordered. The answer says that Helen
Rowland expects to file a motion for
rehearing within the time allowed
by law and based on substantial
grounds, and respondents submit that
the litigation in the law courts oper-
ate to prevent Klemme from applying
for registration at the present time.
An estoppel is also set UP on account
of certain leases of the property In
controversy entered into by Klemme
, with James Prosser, Emma Metcali
Ikaika and Thomas Metcalf. Kinney
McClanahan & Cooper are attorneys
for the objecting respondents.
MARRIAGE REGISTRATION.
Judges De Bolt and Robinson have
promulgated new rule of the Circuit
Court, to facilitate compliance with
the Federal law relating to the regis
tering of marriage certificates. It pro.
vides for the keeping of Register OF
Marriage Certificates" and the charg.
ing of registry fees being % cents Q
folio and 25 cents for filing.
HARRISON COMES AGAIN.
Thomas Miner Harrison petitions tn,
, Supreme Court for a rehearing of hi:
suit against ], A. Magoon, F. B. Nc,
Stocker, L. c. Ables and others. Tht
, grounds presented occupy 2s typewrit
, ten pages. Robertson & Wilder are at
, torneys for the appellant
DENIAL OF MOTION.
Judge Ropinsor denied the motion @
= ]. A. Magoon, attorney for j. S. Low
e for an order to A. w. Carter. as trus
y tee for the Parker estate. to pay a fe
I toward the attorneys expenses in az
pearing before the Federal Supren
Court in Washington. The motion wa
denied without prejudice on the groun
: that the Supreme Court of the Unite
:, States had issued a restraining ords
y TO the Circuit Court against furthe
. hearing of the Parker GUARDIANSHIP
:, case pending the appeal.
: COURT NOTES.
e William o. Smith, executor Of tn
s will of Maria L. Hoffman, has brough
e a suit for foreclosure of mortgag
= against ]. H. Fisher and Nettie /
e Fisher on Fort street property. Th
o claim is for $4,000 principal and 1882
Ie IS interest. A deficiency judgment
y asked for, should the sale OF the NOR
r gagged premises not realize the amour
J. of debt and expenses.
2 Jonah Kumalae and Enoch Johnso