The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1906-01-12
APPEAL TO
WASHINGTON

An appeal n being taken By plain
tins In the case Of the Hawaiian Board
Of Missions W. Territory os Hawaii. to
the United States Supreme Court. The
Supreme court recently decided against
the plaintiffs In a damage action for
$4,000
The claim was based on the follow
ing conditions imposed when the gov
ernment took over the Lahainaluna
property:
THAT the said institution shall be
continued at it's expense as an institu-
ton for the cultivation of sound liter
ature and solid science, and further
that 1t shall not teach or allow to be
taught any religious tenet or doc
trine contrary TO those heretofore in
culca.ed by the mission which We
represent"
In addition there was a proviso that
sin case OF non-fulfillment or violation
of the conditions the property should
revert to the mission, or, as modified
by the government, it might at its op-
tion pay the sum OF $4,000"
DAVIS MAKES AN GRAFTON.
Attorney George A. Davis made the
Federal courtroom ring yesterday af-
ternoon with his argument in the case
of Iverson ct al VS.. The Pacific Mail
S. S. Co., claim for damages Of $1,000
for each of the petitioners, five in all.
Davis represents the petitioners, who
were steerage passengers on the S. S.
Mongolia last month en- route to San
Francisco. While the vessel was in
port the passengers came ashore and
to dorlr raflGpd
permission to go inside the gates or to
go aboard the steamer because Of
quarantine regulations prevailing at
that time. They brought suit. All
have left the islands since that time,
and their answers to agreed-upon
questions were taken in San Francisco,
Davis going to that city for the pur-
pose of taking down the answers.
During his argument yesterday af-
ternoon Attorney Davis made a char
acteristic address paying his respects
to the opposing counsel, Mr.. McClana-
han, referring to the twenty-five sugar
corporations, the railroad companies
and steamship companies which he
presumed Mr.. McClanahan represented
and the certainty of his yearly fees
therefrom, while he, Davis, on the
other hand, must look to the court to
see that he realized his proper fees.
through the work he did for his clients.
Davis said that If he were in Mr.. Nc
Clanahans position he could well af-
ford to be a philanthropist. What am
l here for?" asked Davis. II want to
get few dollars out Of this for my
self, that's ALL"
Then Davis referred to the steerage'
passengers, whom he said were sailors
from the steamer Barracuda captured
by the japanese while en- route to
Vladivostok with contraband of war.
These sailors who are suing the
Pacific Mail Co. were sailors on that
| steamer Barracuda, a steamer which
was carrying contraband of war" and
here Davis voice rang and the eagle
spread his wings, shipped by Presi-
dent Hartman in violation of the neu-
trality OF his country and his flag, for
the purpose of making money"
Davis said that some of the men
lost their clothes and belongings when
the Mongolia sailed without them and
they had not received them yet. He
said one had lost shaving mug, an
other pair of shoes and another an
undershirt
They weren't so valuable as the
first-class passengers suit cases and
their silk stockings, but they were val
liable to these poor sailors"
Mr.. McClanahan argued for the Pa
| cific Mail Co. and will finish his ar
gument this morning.
TERRITORY'S TIME EXTENDED.
In the matter of the extension of Ku-
kui street from River to Liliha streets
claim of Mrs. Chas. Notley-Judge
De Bolt has extended the time of the
Territory or of C. S. Holloway, Super
intendent of Public Works, 30 days to
file his bill of exceptions to the refusal
of the court to permit 1t or him to
abandon the above entitled proceedings
and discontinue the same.