The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-07-03
THE REVISED
LAWS VALID
An important Decision
---Holt Will Case
Answer.

4 LII t!le CSiSe VI L ain OHS, uiSCildI SSt
by Judge Robinson under a writ OF
lhabeas corpus from Imprisonment il
default of paying a fine for selling 6
poisonous drug, opium, without a Ii
tcense, the Supreme Court yesterday
rendered an important decision. 1t re-
lversed the order of discharge and or
idered the petitioner remanded to Gus
tody, but these We're not the important
things from the public viewpoint.
| The decision settles the legality OF
the Revised Laws as enacted in one
short act of the legislature. 1t affects
many pending cases, criminal and civil,
including probably the corporations
exhibit controversy.
Chief Justice Frear writes the unani-
nous opinion of the court Geo. D.
Gear appeared for petitioner and Coun-
ty Attorney Douthitt for the Terri
tory. The law of the case is thus set
forth in the syllabus:
THE commission that prepared the
Revised Laws was without authority to
modify previous statutes so as to give
them as so modified the force of law,
but by Act of the Laws of 1905 the
whole by reference and thereby gave
the force of law to all of it's provisions
that could constitutionally be enacted
by the Legislature even if the commits
Gil re in,
stances in departing from the language
of the original statutes or in inserting
in constitutional form provisions that
We're previously unconstitutional.
THE Revised Laws were constitu-
tionally enacted as a whole by refer |
ence by a separate short act. 1t was |
in order to give the force |
Of law to new matter therein, to incOr-I
porate its provisions in the enacting
act, Notwithstanding the requirements
IF the Organic Act of the Territory
that each law shall embrace but one
subject, which shall be expressed in it's
title, and shall pass three readings"
CORPORATION EXHIBITS.
R. w. Breckons and S. B. Kingsbury
lave filed motion to quasb the alter
lative writ of nandamus brought by
\. j. Campbell, Treasurer of Hawaii
Lgalnst Benson, Smith & Co, Ltd, and
o discharge the rule to show cause.
'he writ is to require the respondent to
lie an annual exhibit of it's business.
t is set forth that the court has no
and the Treasurer no au-l
hority. The Attorney General is rep
esented as being the proper officer to
ring any suit relating to any matter
Mecting the people.
THE HOLT ESTATE.
Chris. ]. Holt, represented by Geo. /
!. Davis and Geo. D. Gear, answers the ,
etition of Carlos A. Long, adminiStra- !
or of the estate of r. W. Holt who died
bout half a century ago. He says the 7
My reason for appointing Long was I
ecause the probate of the will had not 8;
cen closed in the Circuit Court. Also
lat more than a year and a half had T
apsed since his appointment, therefore
lat the petitioner has been negligent r
nd guilty of laches in not winding up
lie probate of the estate and having
le estate distributed.
Defendant in Hamburg VS.. Searle has
led a demurrer to the amended bill. +
In the case of Hawaiian Trust Co.,
I'd, VS.. Mile Morris, c. A. Long and
amuel Noar for defendant file a plea d
enying equity jurisdiction. 2
Lily Kapule. administrative of the es-
tie of Ned Gillespie. files an account i,
dancing at s303.20. La
H. H. Williams, a creditor, petitions <
n
illustrator of the estate of James Nc n
ready. 1t is valued at about 5000, con- n
sting of lots in Kapiolani Park Addi- 2:
IN and some cash.
& Clemens, attorneys for p
1uis Pearson, husband of decedent -
a probate matter pending, have filed e
motion to dismiss the motion of David 20
ahaleua for a decree of heirship and
lal distribution. There is a want of | =,
owing, it is alleged, of the right of d
avid Kahaleua to move in the prem -
IS. Also a want of showing that there ~
property in the estate subject to dis -
button, and a want of yerification. -
is further contended that the petit -
n is not proper proceeding for the
rpose desired by the claimant.
COURT NOTES. ~
fudge Lindsay discharged David h,
Iyton as garnishee in the suit of ke- II
oi against Kamalo Sugar Co.
After today the Supreme Court will BIZ
obably hold only occasional sessions oh
ring the summer vacation. d;
The Supreme Court yesterday denied
2 motions to place on the calendar II,
d to dismiss the appeals of John F. ku
lburn, executor. and Helen Rosa. ed
dow, in the matter of the estate of
tone Rosa, deceased. vr
in