The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-12-24
NO MORE
VACATIONS
FOR De BOLT
SAYS IN EFFECT THEY ARE A
DELUsION AND A sNARE-ARGU-
MENT OVER INJUNCTION.

Judge De Bolt does not believe in
vacations. And he will never take
another. He said so this morning.
This rather original announcement was
made officially from the bench. 1t
was in the proceedings to have the
Lanai injunction dissolved. ~
r. Attorney General Peters r. isiesentlng
the Governor and Land Commissioner
Pratt, was In court accompanied by
Deputy Milverton, to argue a motion to
have the injunction obtained by SEN
ator L. L. McCandless checking the
proposed Lanai land exchange, dissolv-
ed, Judge Gear for McCandless, was
also present.
When court opened Gear asked for
a continuance to January 3. He stated
that he had seen the court yesterday
and had been told that there had been
an agreement between the various
judges not to take up and new cases
unless both parties to the action con-
sented. This fact and some private
reasons given by the Judge Gear had
caused him to ask for the continuance.
Attorney General Peters vigorously
opposed any continuance. He wanted
to proceed at once to argue the matter
to dissolve the injunction. Peters de-
clared that an injunction was not a
case of ordinary litigation. This in
junction tied the hands of the Governor
and the Land Commissioner and pre-
vented the administration of the Ter
ritOry from fulfilling its duty as it saw
it. 1t was without law, procedure or
IN ha ha
attorney general contended that it was
unfair to have the business of the ad-
ministration stopped by a temporary
injunction.
This land deal will go through just
the instant that this injunction is dis
solved" exclaimed Peters.
But Judge Gear could not see his way
clear to agree with Peters. He declar-
ed that the case was an ordinary one
and in no way did it interfere with the
government. The attorney laid par
ticular stress upon the statements made
to him by the court that there was to
be no new cases come up and he had
supposed that all that would be neces-
sary for him to do in the case would
be to move for the continuance and 1t
NOulu Dt BIdllltu
And then Judge De Bolt took hand.
The court had unwittingly sort of COM
mitted itself i'm the matter OF the con-
tinuance and the result was unsatis-
factory to his honor.
"I am always opposed to vacation"
declared the court. It am constitu-
tionally opposed to vacations. I have
never taken any vacation and do not
expect to do so. l have made a mis-
take in entering into this agreement
with the other judges. l will say that
l will never again consent to such a
thing. Vacations mean injury and it
is evident in this case. Trouble al
ways results from vacations"
And then the court tried to induce
Gear to compromise on the matter But
Gear declared that he could not go to
trial on the case Wednesday because
he was busy with the libel matters of
the ship w. F. Babcock
How about Thursday" inquired the
court
"But your honor" exclaimed Gear 81
have made my arrangements for that
day relying upon what you had stated
| to me yesterday" Gear wanted the
continuance to January but said he
would be ready to go to trial a day
| earlier, 1T is a case" declared the
| attorney "where no harm would come