The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-01-04
THREE WEIGHTY CASES
HAVE BEEN DECIDED
Attorney Generals Department Wins AII--Cir-
cult Courts May MISUNDERSTANDING
Owns LahainaIuna.

a controlling opinion written by JUS
tice Wilder and a concurring opinion
BY Chief Justice Frear, a dissenting
opinion being filed by Justice Hart
wei. The Chief Justices concurrence
is not given with most absolute con-
fdence, according TO its conclusion.
thus: ION the whole, although with
much doubt, I am of the opinion that
the circuit courts have such jurisdic-
ton
The matter came UP on reserved
questions by Judge Parsons at HHo
il the case Of Territory Of Hawaii VS.
Monta Kaizo. Defendant was indicted
for murder. A subordinate question
raised was whether or not eight Ger
tain members of the sixteen compos-
ing the grand jury We're naturalized
before they were drawn to serve. As
defendant had not shown that they
Were aliens when drawn, the presump-
ton is decided that they were citizens
at that time
NJ. 2. Prosser. Deputy Attorney Cen
eral, for the Territory; Carl s. Smith
for defendant
AHAINALUNA SCHOOL.
BY unanimous opinion of the su-
preme Court written by Justice Hart
well the ownership of Lahainaluna
school is confirmed to the Territory.
Frederick j. Lowrey. Geo. P. Castle
and VIM O. Smith. trustee of the TIa-
waiian Board in succession TO the
American Board of Commissioners Of
Foreign Missions. sued the Territory to
recover $4,000 as forfeit for breach
of agreement, after the Territory had
refused TO convey the property to them.
The story Of the case has been so often
told that nothing further than the syl-
labus Of the opinion needs here be
quoted TO give a clear idea Of the case.
IT is as follows:
This court has jurisdiction Of an &C
ton of assumpsit by the successors of
the American Board of Foreign Mis-
sions brought upon breach by the
Territory of an agreement made be-
tween the Board and the Hawaiian
Government in 1849.
"A transfer was made by the Amer
lean Board TO the Hawaiian Govern
ment Of the Lahainaluna school prop
orty on condition that the said ia
stitution shall be continued at its ex-
pense as an institution for the Guilt
walton of sound literature and solid
science, and further that il shall not
teach or allow to be taught any relig-
ious tenet or doctrine contrary 10
those heretofore inculcated by the
mission, etc, and that in case of non
fulfilment of the condition the sum Of
$4,000 should be paid. From the date
Of the transaction uEtil 1903, religious
instruction continued to be taught at
the school as previously, both par
ties appearing TO regard such instruc-
ton as required by their agreement.
Held: the express agreement does
not require that the specified instruc-
ton should be given, and the terms
Of the agreement being clear and un-
ambiguous the practical construction
which the parties have made does not
introduce a new term in the agree
ment.
THE school was changed by the Ter
ritOry to a technical school under the
name of the Lahainaluna Agricultural
School,
Held: this is not a breach Of the
agreement TO continue the institution
for the cultivation Of sound literature
and solid science"
D. L. Wilmington and c. H. Olson,
Castle & Wilmington and Smith &.
Lewis on the brief for plaintiffs; NJ
F. Prosser. Deputy Attorney General,
for the Territory.