The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-09-18

Mr.. kingsbury Imparts
Humor to a Drv
Subject.

Judge S. r. Kingsbury has prepared
a brief of SO typed pages for respondent
, in the mandamus suit of A j. Camp
bell. Treasurer Of Hawaii. against Ben
son, Smith & Co. Ltd. This is the
corporations exhibit case and behind
the respondent in fighting it the Homo
lulu Merchants Association stands II
is now in the Supreme Court on appeal
from Judge Robinson's order dismiss
j ing the alternative writ
Quoting the opinion filed with the
decision to show that but one ground
is overwhelmingly, that the alterna-
tive writ did not set forth facts suffi-
cient to constitute cause or grounds
for the issuance of a writ, etc.-the
brief says:
This ground may be broad enough
to cover every good reason for the de-
,cision but whether it covers any reason
is immaterial. for the appeal is srom
the decision-not from the opinion"
| If there is any good reason, Mr.
Kingsbury argues, the Supreme Court
will affirm the judgment whether or no
such or any ground was ever pointed
out by counsel or was seen by the
/, court below. To affirm a judgment the
appellate court will look at the points
made below. but TO affirm it will not
look for any reason-for it is sufficient
if the judgment be correct, 1t is the
judgment that is appealed. from, not
the grounds for it,
Mr.. Kingsbury humorously discusses
the Attorney Generals brief, as to it's
reservation of points until the respond
ent's brief was filed, saying:
we have called attention to the
nature of this appeal, not because we
wish here to urge any point which we
did not both make and argue in the
court below, but because of an intima-
ton in the brief of the learned Attorney
General that the only question there
presented was that the action was not
prosecuted by the proper party.
Hence we say not only is the learned
Attorney General mistaken on the point
as to what was there argued. but that
it is immaterial because here the bur
den is on the appellant to show that
the Judgment is erroneous, and we
hardly think that the fact that learned
counsel remembers argument of but one
point is sufficient excuse for depriy-
ing US of the benefit of his views on the
other points involved in the case and
appearing in the record, before we are
called upon. in this brief, to sustain a
position he has not attacked.
We are defending the Judgment.
The peculiar statute forcing the de-
Tense to open. and allowing 1t no re-
ply, We understand pertains only to
criminal cases, and we submit cannot
fairly be forced upon a respondent on
appeal defending a judgment.
we bespeak the kind Indulgence of
the court when we shall attempt to re-
ply to that part of appellants brief
which we have not seen. but which we
believe to be very able and worthy of
our best attempts to controvert.
Counsel then recapitulateS his points. |
referring TO arguments adduced on the
motion below to quash the writ. Among
the points are these:
That the suit is not prosecuted by
or for the proper party.
That it does not appear that defend
ant is obligated to make an exhibit
such as the mandate of the writ re-
quires.
That the defendant is not required
by it's charter or otherwise to make ex- |
hibit in accordance with the written
directions set forth in the writ. Refer
ence here is to the statute of manda-
mus where it relates to corporations, /
which has nothing to say about a liza |
bility of corporations to be mandamus-
pd into ma king ANIMAL exhibits
It is argued at length that the Treas |
urer cannot be the prosecutor in a mat |
ter of law wherein the Territory is COM !
cerned. After showing some things |
which the statute (Sec. 1856 r. Id en-
powers the Treasurer to do in relation /
to exhibits of corporations, the brief |
says.
But it gives him no power of coer
cion to force a corporation to make an !
annual exhibit. He cannot force a
to do its duty, but he can
prevent it from obstructing the ex-i
animation which the statute provides
he may make. He has a shield-not a
sword
4 4 X X X 4 X X X * X X X II n
J. Zeno K. Myers. Miss Winnifred
Martin, R. H. Trent. Mr.. and Mrs. /.
s. Watson, Miss Helen Leeeh, Mr.. and
Mrs. J. A Kennedy, Mr.. and Mrs.
H f. Cooper, J. R. Gait, Miss Rud-
r. Gait. Miss Ruddock Miss Dutot.
PLANS FOR CALIFORNIANS.
At lis p. IN. today a special train
furnished by General Passenger and
Ticket Agent F. c. Smith of the O., X.
& L. Co, will convey the members of
the Southern California Editorial As
sociation to Wahiawa. the pineapple
country. where the Wahiawa colony /
will receive them. An inspection will
be n de of the pineapple eanneries. /
At 9 a. III. tomorrow, social launches
will convey the CalIfornians from the