The Hawaiian gazette., 1905-11-07

or he comes to believe, that me proper
method of proceeding should be in the
nature of petition to remove the
| guardian of the minor His whole
avowed intent in going to see the law
yer at first was to forward the In
terests of the Hamakua Ditch Com
pany his own language on the stand
was that he was urged by the active
manager, McCrosson, to do so. In
| this case. there can be no doubt that
the interests of the minor, which the
next friend alleges to have had, was
a secondary thought; 1t was only con-
veyed to him after a consultation with
his counsel and in fact he himself
says he knew nothing whatever about
the charges of mismanagement of the
guardian. This all cropped up after
the suit was brought. Eben Low was
engaged actively in collecting data at
these times.
motion was brought by respond
ent and filed in court. seeking to en-
quire into the status of ]. s. Low,
and to enquire into his motives, and
to see If he was a fit person to act
as next friend. That motion, as l un-
derstand it, by my predecessor was
not passed upon, but in order to es-
| cape the laborious task of having to
go twice through the evidence, which
he considered would be necessary, in
| order to arrive at proper conclusion
as to the motives of the next friend,
this motion was delayed, or postponed
| to be decided when this case was tried
| upon its merits. A later motion was
made by the next friend and his at
torneys for counsel fees, attorneys
fees, for costs and attorneys fees,
which this court also postponed.
The motion now before the court is
the motion to rescind the authority of
]. S. Low, next friend, to act, and to
dismiss this suit. After having heard
all the evidence in this case, which has
taken some sixty days, this court is
very much of the opinion, has not the
slightest bit of doubt, that the suit
as whole against the guardian should
be dismissed, and upon its own mo-
tion so orders, that the main suit
against the guardian herein be dis
missed. And that the motion that we
are now dealing with to rescind the
order appointing ]. S. Low, as next
friend, be granted, and that the suit
be dismissed, with costs to the next
friend. 1t is so ordered.
CLOSING WRANGLES.
Judge Lindsay had ruled, against
strenuous resistance by j. A. Magoon,
to hear argument forthwith upon the
motion of Mrs. Elizabeth j. Knight,
for the removal of j. S. Low as next
friend of her minor daughter (by her
former husband, John P. Parker 3rd,
deceased). With Low removed, if no
successor were appointed, his petition
for the removal of A. w. Carter as
guardian of the minor would fail.
Mr.. Magoon contended that a
prima facie case had been made
out against Carter, and said it
would be bad faith on the part of the
court to refuse to consider the merits
of the case. Even if Carter We're not
removed as the result, the court could
give him new instructions. 1t also
might award to the next friend such
| fees and compensation as were proper.
| Mr.. Kinney contested the assertion
that case had been made out against
Carter, The mother was entitled to
| be heard on her motion presented a
year ago, to the effect that the next
friend of her child was only an inter-
meddler, in reality promoting the in
terests of Sam Parker and of others
which were hostile to those Of the
minor. The property of the child had
been for more than a year in the hands
of despoilers, without the mother hav-
ing had hearing.
When the court had given the right
of way to the motion, Mr.. Kinney
| presented 1t with a brief argument,
closing at 1880. Mr.. Ballou cited legal
authorities on the subject of next
friends.
Mr.. Magoon occupied the remainder
of the day until after p. m, contend
ing for the bona fides of the next
friendship and arguing that a case had
been shown of inefficient guardianship.
He spoke of strong feelings displayed
against himself and Low during the
trial by opposite counsel, contrasting
their conduct with his own calm de-
meanor and decorous bearing.
Mr.. Kinney replied, speaking about
three-quarters of an hour. Candidly
admitting all that Mr.. Magoon had
! said about himself. Mr.. Kinney could
not see how he could have behaved
| otherwise. 1t was necessary to an
attorney occupying a position that not
another member of the Hawaiian bar
1 would have dared to assume. While
admitting that he was representing
the interests of Sam Parker. who was
trying to dispossess the minor of her
interests in the Parker ranch, Mr.. Ma
goon had the audacity to pretend that
he was fighting for the interests of
the minor. There was such thing,
moreover, as preserving placid
countenance while sinking the hatchet
deep.
Mr.. Kinney heaped ridicule on the
assumption of Low and his attorney
that Carter was unfaithful to his trust
because. forsooth, he did not agree
after half an hours interview with
McCrosson, to give a right of way to
the Hamakua Ditch Co. over the
minors lands. And that was actually
the only reason Low could give the
attorney for bringing suit to remove
the guardian. Mr.. Magoon, however
padded the petition with charges
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