The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-07-02
LARGE AMOUNT
COMES PAYABLE
End of Pacific Heights Railway
Fight---Supreme Court
lnterregnum.

Nothing remained in the legal con-
test over the sale of the Pacific Heights
ielectric railway plant yesterday after
noon but for Commissioner Simonton
to pay over the money to the winners
and the fees to those entitled thereto.
W. o. Smith, as trustee of the bond
holders, had over $4,000 coming to him.
| It will be remembered that, pending
the appeal to Washington, it was stip-
ulated that the resale should take
place, the proceeds to be deposited in
escrow for the benefit of the winning
side. At the first sale that was dis
allowed the plant went for about $1,000
| to Manager Ballentyne of the Rapid
Transit Co., but Frank E. Richardson
bought it at the resale for something
like $4,000.
Notice of decree of the Supreme
Court, affirmed by the United States
Supreme Court, in the suit of William
o. Smith, trustee, V. Pacific Heights
Electric Railway Co., Ltd, Honolulu
S. Desky and c. G. BalIentyne, was
filed in the Judiciary Department yes
terday morning. The decree remands |
the case to Judge Robinson for such |
further proceedings as may be proper |
his decision and order having been af- |
firmed by both the higher courts men |
toned. Ballentyne and the Rapid |
Transit Co. were the appellants, their |
unsuccessful fight being against Judge
Robinson's decision setting aside the |
sale of the Pacific Heights Railway
property for gross inadequacy of price.
The Supreme Court decree was issued
pursuant to a mandate from the Fed
eral Supreme Court filed before Assoc
ciate Justice Wilder.
SUPREME COURT INTERREGNUM.
Associate Justice A. A. Wilder sat
alone on the bench of the Supreme
Court yesterday morning. The follow
ing attorneys We're present: J. w.
Cathcart, S. H. Derby, c. r. Heroen-
way, A F. Judd, w. w. Thayer
Warren, A. G. M. Robertson, J. Light
,oot, C. H. Olson, w. c. Achi and c. w.
Ashford.
Immediately on taking his seat JUS
ice Wilder announced that in all prob .
Utility no more cases would be taken :
lp until the reorganization of the court !
lnless it was desired by counsel to take :
10 some cases.
Chief Justice Frear was going to ,
Kauai, he went on to say, and he 7
Wilder) and two circuit judges could ;
axe up cases with the chances of hay
ng them resubmitted. He understood 7
hat counsel were ready to proceed r
With the cases of w. r. Kalaeakekoi V.
Vailuku Sugar Co., and J. O.. Carter,
rustee, V. Mary II. S. Davis ct al.
Mr.. Derby said that he wished to {
ave the first case mentioned taken up /
s soon as possible and he would agree
0 having it heard by Justice Wilder
nd two circuit judges. Mr.. Ashford
Or the plaintiff declined to have the
ase heard by a court thus constituted.
Ir. Derby argued for going ahead, but
ustice Wilder stated that the court
ould not take up any case unless both
ounsel consented.
Mr.. Judd, counsel for minor defend
nts in the second case was not ready
} go on with the hearing. n
Mr. Warren of Smith & Lewis, filed t.
he mandate of the United States Su- ;s
RENE Court in the Pacific Heights :,
case. Then the court adj
burned until next Monday. b