The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-12-29

| Not until some time after a week
from Monday next will Judge De Bolt
| decide the Lanai injunction case. AS
| far as Governor Carter is concerned
/! the temporary injunction was dissolved
| at noon yesterday, the court holding
| that the Judiciary had no power over
the Executive to restrain the latter's
! discretion in approving of public
transaction.
All the forenoon session had been
taken up with argument on the Attor-
ney General s motion to dissolve the
Injunction as it related to the Gov
ernor.
In the afternoon the hearing was
ON the demurrer of Land Commissioner
Pratt to the petition of L. l.. McCand-
| less for injunction. At 5 clock Judge
De Bolt first suggested a continuance
and, counsel on both sides not wishing
that, then a submission of the points
at issue on briefs.
Accordingly it was arranged that the
| brief for the respondent be filed by
Tuesday morning, that for the petit
| toner by Friday and the reply brief
| for the respondent by the following
| Monday. So not until Judge De Bolt
has all these briefs in hand can he
| finally consider his decision.
Mr. Gear in the morning tried to have
the hearing further continued until
| January 8. He stated that he had
written to the Attorney General of the
United States for an opinion on the
question, and he suggested that the
court cable to the same functionary for
advice upon the course to be pursued.
| Judge De Bolt considered that it was
a matter for himself to pass upon and
directed the argument to proceed, first
on the motion to dissolve the temper
ary injunction and next On the demur-
rer.
| Attorney General Peters opened the
argument in the Governors case, quot
\ ing many authorities to show that the
Territorial courts have no jurisdiction
| over the official acts of the Governor.
| He contended that if the proposed ex-
/ change of lands was illegal there was
Il a remedy against the person to whom
the public lands were transferred in a
bill of equity to set the sale aside.
Geo. D. Gear replied for the petition
| er, quoting some cases where courts In
| the States took jurisdiction over the
official doings of governors.
i The court did not deem it necessary
to rule on the question of jurisdiction,
but held that no act of the Governor
had been placed in issue by the petit
ton. Thus far the Governor had only
Iapproved of a proposed act. If such
act was illegal the remedy would be
| complete if the Commissioner of Pub
lie Lands were enjoined from its COM
mission Hence the temporary writ,
so far as it affected the Governor, was
| dissolved.
Deputy Attorney General Milverton
in the afternoon presented a complete
argument for the demurrer of the Land
Commissioner. A host of authorities
was cited to show that private tax
payer could not interfere to prevent
any official act, even if illegal, unless
he were liable to personal loss or in
jury from the act. Argument was al
| so presented to show statutory autho-
| ity for the proposed exchange of lands,
when the lands desired by the govern
ment in the deal were to be devoted
exclusively 10 public purposes as in this
case.
Mr.. Gear, whose argument was inter-
rupted at o'clock by the courts sug-
zestion of continuance as above stat
ed, argued that the Federal law of the
! Organic Act prohibited the sale of more
than one thousand acres. Another
point he offered was that a taxpayer
was personally interested where a loss
of revenue was to result from an act,
as in this case through the stopping OF
rentals to the government from the La
mai lands.
4 Judge De Bolt, in expressing his de-
sire for the submission of briefs, said
the court wished full enlightenment
particularly on the question of whether
the limitation of sales to 1000 acres ap-
piled to exchanges, also on the ques-
ton of the competency of private
taxpayer to take proceedings where
revenue was involved.
All KWAI DEMURS.
Dai Kwai, otherwise known as All
Kwai, is fighting his Indictment for
gambling on the point ''that it is not
alleged in said indictment that the
game of paikau therein mentioned is
either a banking or percentage game.
This is the ground of demurrer filed
by his attorney, A. S. Humphreys.
APPEALS ENTERED.
Chang Hong Kee has appealed from
: Judgment against him by District Mag
istrate Whitney for s149.63 in favor
of Jas. L. Holt, tax assessor.
Lee Chuck has appealed from a fine
of $50 and costs in the District Court
for assault and battery on Wong Hing
Kaimuki Heights Zoo, Ltd, has APP
pealed from judgment against it for
$127.03 in favor of VIM. Gum render
ed by District Magistrate Whitney.
JUDGMENTS.
A motion for Judgment and taxation
: | of costs, to be presented at 9 a m