The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-06-23
MILLS IS
DISBARRED
Name Stricken From
the Roll of At
torneys.


Ilaw in Kcna. Island OF Hawaii, and
Iacted as a notary public, was disbarred
from practice in all courts of the is
lands yesterday afternoon by the Su-
prene Court. Without rising from the
bench, and after a short consultation,
lChief Justice Frear gave the order for
disbarment. Mr. Mills is not only dis
lbarred from practicing law, but his
commission as notary public is can
iceled.
| With the consent OF his confreres,
Justices Hartwen and Wilder, Chief
Justice Frear said:
1.-THE judgment of the court is that
the respondent Harry T. Mills be dis
barred and that his name be stricken
from the roll of attorneys and counsel
iors in all of the courts of the Terri
tory of Hawaii
| In brief the disbarment followed the
presentation of the matter by Deputy
Attorney General Prosser and respond
tents attorney, c. w. Ashford, and the
reasons for the action of the court were
about as follows:
| That his conduct as a whole indicat-
ed that he had shown a want of integ-
| rity and lack of appreciation and a
disregard of the obligations of his Off
cial duty and showed him unfit to act
as an official of the courts and unwor-
thy of public confidence. The specific
facts leading up to the disbarment were
about as follows:
After obtaining signatures to a petit
ton for license for a Chinaman. he
changed the name of the licensee with
out the knowledge and consent of some
of the signers, as an attorney
As q notary public. Mills added a GER
tificate of acknowledgment saying that
all the signers acknowledged the in
strument on July l. 1905, and that they
we're all proven to him by one Kali
nlakule, who was sworn for that pur-
pose. The fact was that some did not
appear before Mills to acknowledge the
instrument at all and some of those
who had acknowledged it, did so on
different days, and Kailimakule was
not sworn to identify all of them.
CORPORATION EXHIBITS CASE.
The Supreme Court yesterday decided
the corporation exhibit case brought by
the Merchants Association against the
Territory, in favor of the merchants.
The case was brought before the SUI
preme Court to test the validity of the
law to determine whether all corpor-
ations could be forced under penalty
to file exhibits with the Territorial
Treasurer. The proceedings We're
brought under the title of the Territory
VS.. Geo. w. Smith ct al, stockholders
Of Benson, Smith & Co., Ltd, drug
gists. In the district court the defend
ants were found guilty and on appeal
the case was then carried quickly be- ,
fore the Supreme Court. Justice Will
der writes the opinion as follows:
In order that defendants be guilty
they must have made a. a false state
ment or overcalculation of property in
an affidavit, return, statement or GER
tificate of stock, or (2) have done bust
ness as a corporation or held them
selves out to be>a corporation without
having complied with the provisions
of law. AS defendants are not charged
with making either false statement or
an generalization of property, they
must come within the second classified
ton or not at all. Even if defendants
have done business corporation and
held themselves out to be a corpora
ton, what provision of law have they
violated? 1t is neither charged nor
claimed that any provision of law pre-
requisite to the formation of a corpora
ton has been violated, but it is claimed
that the defendants violated the re-
quirement that corporation shall an
nuallv present a full and accurate ex-
hibit of the state of its affairs to the
Treasurer The difficulty with that
claim is that the statute requires the
and only the corporation to
present such an exhibit. In brief, de-
PENDANTS were charged with, and found
guilty of, not filing something which
they are not, but the corporation is, re-
1uired to file. Defendants could as
we'll be charged with, and found guilty
Of. a misdemeanor in case Benson,
Smith & Co, Ltd, issued bills or other
evidences OF debt for circulation as
which by Section $3.50, r. l.. u
can not do.
THE Judgment appealed from is re-
yersed and the defendants are dis
charged"
e C. Peters, Attorney General, for
he Territory; r. w. Breckons and S.
B. Kingsbury for defendants.
TRANSIT GAINS POINT.
The Supreme Court yesterday decided
n favor of the defendant in the action
or damages of John bingham VS.. The
honolulu Rapid Transit Co That is,
he verdict of $4,000 damages in the trial
curt was set aside and the case re-
handed to the trial court for new pro-
.eedfngs. bingham sued for damages
mi, To b3 hHpn
,eived by being thrown off a car on
Nay I, 1905. The principal grounds OF 4
appeal We're that the verdict was ex- Y
.essive. The decision of the court,
made by Chief Justice Frear, is as fol- >
ows:
ION the facts as the jury found them !
ANCIENT -
n y