The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-05-09
OLD MATTER
IN COURT
Which Official Can Is.
sue Patents to
Lands.

Superintendent of Public Works Ho1-
loway and Land Commissioner Pratt
have arrived at an amicable disagree
nent upon a statement of facts that
has been submitted to the Supreme
Court. The question to be decided is
an old one, as to which official has the
right to sell certain lands. 1t is shown
in the pleadings that Holloway claims
/ the right to recommend the issuance OF
! land patents in certain cases, and in
| concurrence with the Governor to is
| sue and countersign patents for what
| is known as town lots" These are
| remnants of lands in sHonolulu not in
| intendent also claims the right to issue
patents for certain lands which are not
in actual or contemplated use for pub
lie purposes. The Superintendent of
lease such lands.
On his part, the Land Commissioner
denies that the superintendent of
Public Works has any such right to
issue patents or leases; that his func-
tions run solely to the control and
management of the lands within the
jurisdiction of his department, and that
the right to dispose of them by patent
rests solely with the Land Commits
soner. He also claims that the lads
which are no longer needed for public
purposes should be turned over to the
Land Department.
The questions which the Supreme
Court is asked to determine are:
A. Whether said superintendent has
the right either to recommend the is
suance of. or to countersign, or to
cause TO be issued any patent or pat
ents.
B. Whether the superintendent has
the right to make leases of such lands.
c. Whether remnants of land not
contained in any grant and neither de-
voted to nor needed, for any public use
are town lots" within the provisions
of section 262 of the Revised Statutes.
THE CAMARINOs NUISANCE.
OuUSC LiiloShS was OSSoPiCu ool hi6
a large part of yesterday with the hear
ing of the case of the Territory against
VIM. McCandless and others to prevent
them from maintaining a so-called nui-
sance in the shacks at the corner of
Alakea and King streets, in the old
Camarinos premises. The case was
brought at the instance of the Super |
intendent of Public Works, in whose |
behalf Fire Chief Thurston and |
Plumbing Inspector Keen testified that |
the building was a fire trap. A. r. |
Gurrey, insurance adjuster, was called |
by the defense, and said that the use
of oil stoves and lamps in the build
ing, such as were formerly used there,
were more frequent causes of fires than
electric lights. On cross-examination,
he said that the shack was a poor
risk. and that it increased the rate on
the Levers & Cooke building. The case
was finally submitted on briefs.
COURT NOTES.
Judge De Bolt has continued the
Shiozawa libel cases for the term. The
attorneys for the prosecution yester-
lay asked for continuance for thirty
lays, on account of the absence from
he country of Mkt Saito, an impor-
ant witness, and Attorney Cathcart
opposed this because he said that his
clients We're entitled to a speedy trial.
However, the judge was inclined to
grant the delay, and so by consent the
natter went over for the term.
A diScontinuance has been filed in the
,jectlnent suit of the Territory against
Mrs. Jane B. Cornwall and John D.
Colburn.
Judge De Bolt has excused his jury ,
until Thursday. ,
The guardians of the Holt minors
las filed a return and accounting of :
cal estate in the Waialua district val
led at $780, and asked the courts ap- {
roval of the sale. :
George E. Rugg has filed a petition
or letters of guardianship of his two
minor children, Amanda Isabella Rugg
nd jeanette Hamam Rugg, in order {
hat he may take proper care of per- I
onal property inherited by them from
heir mother.
Before Judge De Bolt yesterday. a
ollie pros. was entered in the case
f the Territory VS.. Mauli, charged
18th an assault with a weapon. The
ase was tried once before, the jury
anlng TO agree, and Assistant Attor-
ey General Fleming said in court yes
erday that he had become satisfied
hat the defendant had not intended to I
arm the complaining witness when he c
ischarged a pistol in his direction. but E
ad shot only to scare him.
Castle & Wilmington have filed notice
f appeal in the case of Y. Amin vs.. Q
pele, representing the petitioner. The u
etition, which was for the measure | r
lent of dover, was denied by the Cir
lit Court.