Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1906-12-24
TERRITORY READY
CONTINUED from pana IL

III order to De ready To proceed THIS
morning. The answer of Governor
George Carter and Land Commission.
or Pratt was filed last Friday. and IL
was confidently expected that the mat
ter would be taken up and disposed OF
today. so that the exchange of the La.
mai lands could be effected at the
earliest possible date.
That apparently did not all 1T IN
with Link McCandless' plans. He
was. II seems. not confident enough of
obtaining permanent restraining or
brought to trial. but II he could secure
u delay until after the holidays, moth.
ing could he done In regard to making
the exchange for the present, at least.
McCandless was not present In
court this morning. but was represent.
ed by his attorney. George Gear.
When the matter was taken up by the
Judge. Peters stated that the Territory
was ready to proceed. Gear at once
arose and objected to taking the mat
ter up today. He said he was not
ready, and would not be until after
the holidays. He asked therefore that
the matter he continued until Jan. 3.
Peters objected decidedly to this.
He said that this was not an ordinary
matter, but matter of an Injunction
tying the hands of the chief executive
of the Territory and the Commission.
or of Public Lands. In the matter of
an injunction, he said the plaintif is
supposed to be ready at all times.
Judge Gear could not plead that he
had not had sufficient notice, for the
papers In the matter had been served
Friday afternoon. Gear stated that
he had not received them until Satur.
day. Peters replied that he was not
responsible II Gear was not In his of.
flee and did not keep In communica.
ton with IT, so as to know what papers
were served. =
Gear stated that he had had a pri.
vatc conversation with Judge De Bolt
Yesterday, in which II was practically
agreed that, In view of the fact that all
the other courts are taking vacations
this week, the matter should not be
brought up until after the holidays.
At this point Judge De Bolt inter
rupted Gear to express his views OF
holidays. Il am constitutionally OPP
posed to vacations" he said, land |
have never taken one myself. All the
other judges asked me to agree with
them that this week should be observ'
cd as Il vacation week and that no
new cases should be taken up except
by consent of all the parties concern
ed. | didn't like to agree to this, but
did 50 out Of courtesy to the other
Judges. | have always found, though,
that trouble results from vacations,
and will say right here that will
never again make arrangements with
the other Judges for vacations
Judge De Bolt suggested that the
matter be taken mp on "Wednesday, hut
Gear objected AS strenuously to this
rs to hearing the matter this morning
I He said that he had made arrange
monts to take dispositions in the Bah
cock libel case this week. Peters said
he couldn't see that the libel against
4 the BabcOck was of sufficient impor
tanre to take precedence over a mat
I ter in which the chief executive was
concerned. The plaintiff insists on q
continuance" he said, but in the mat
ter Of obtaining the injunction, he and
his attorney waited until the very last
day on which bids could be received
before getting II,