Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1907-10-29
JUDGE FRANKLY
REVERSES HIMSELF

IL Is not Oiten lnat Judge is round
who is willing to admit that he has
erred In his construction of the law,
sud who will willingly reverse him.
self. But that Is what United States
District Judge Dole does in decision
rendered this morning in the case Of
Jacob Benjamin Laweliilii VS.. George
u. Hind and James Rolph, Jr., doing
business under the firm name and
style of Hind, Rolph e. Co. Judge
Dole comes to the conclusion that he
made a mist .te in a former decision
IN the case, and he frankly admits IL
and corrects the error in the present
instance.
The action Is a calse In admiralty.
Ia which the papers were served on
i. S. Low and Hind, Rolph & Co., as
agents.
The following extracts from the
Judges decision, rendered this morn.
Ing, show the course of reasoning by
which he reverses himself when he
finds that he made a mistake:
After this case was begun the lib.
eliees filed their motion to set aside
the service of the citation on ]. s.
Low, on the ground that neither said
Low nor Hind, Rolph & Company Of
Honolulu were the proper parties to
serve, and on the further ground that
this court is without Jurisdiction to
hear and determine the action. This
motion was heard, evidence was tax.
on and argument had, and the motion
was allowed.
Thereafter, counsel for the libellant
FLED motion for a re.hearing, on the
ground that the Court erred in hold.
ing that service Of process in admir-.
atty may not be made under the pro-
visions of the statutes of the Territory
OF Hawaii. The motion was argued
and submitted
Section 9l4'R. S. U. s. provides that
practice in civil causes other than
equity and admiralty causes, shall con.
form to the practice In like causes in
the courts of record of the State with,
N which the court Is located. This
section specifically excludes admir-.
atty causes from the application of the
rule of conformity to local practice
The local practice allows any civil
summons to be served, II defendant
|
copy with some agent or person trans.
acting the business Of the defendant,
OF at the defendants last place of res.
idenCe.
Admiralty Rule 46 provides that "In
all cases not provided for by the fore.
going rules the District and Circuit
Courts are to regulate the practice of
the said courts respectively in such
manner as they shall deem most eX.
pedient for the due administration of
justice I'm suits In admiralty" Section
9lS provides that such courts may
from time to time. and in any manner
not inconsistent with any law of the
United States or with any rule pre-.
scribed by the Supreme Court /.
make rules and orders directing the
returning of writs and processes,
the filing of pleadings, the TAX.
ing Of rules, the entering and max.
ing up of judgments by default, and
other matters in vacation. and other.
wise regulate their own practice as
may be necessary or convenient for
the advancement of justice and the
prevention of delays in proceedings"
In America, while there Is ample
provision for service of process on the
agents of absent corporations, the
local laws generally requiring from
the corporations the nomination of
agents on who process may be served,
yet there are no presidents that have
been able to find for similar service on
agents of absent partnerships. On
the other hand, the English practice
has developed rule that where an
absent company has brought itself
within the jurisdiction of the local
courts, by trading on its soil AMI
Under protection of its laws, the head
officer or manager of such business
within the jurisdiction might be
served with process.
The libellees were doing business
in Honolulu and at San Francisco, and
both partners resided In San Fran
cisco. Their Honolulu house Is con.
Quoted by Mr.. J. s. Low, who was
recognized by them as their attorney
in fact The ship which occasioned
the injury to libellant was out of the
jurisdiction, and 1t became, supposed.
~, necessary for the libellant to bring
his action IN personam. II the rule
IL followed that there can be no ser.
vice on the agent or manager of q
branch house OF firm in the absence
Of the partners, it would appear that
this libellant would be deprived of his
right TO prosecute his case. Although
this court is not required to follow
the local rules of practice In similar
proceedings, yet, under the laws re.
ferred to and rule OF Admiralty No.
10, 1t Is authorized and empowered.
within the limits of the statutes and
the rules of Admiralty made by the
Supreme Court, to regulate its own
practice as may be necessary or con.
venient for the advancement of JUS
tee and the prevention Of delays In
proceedings" Sec. 9lS X. S. u. s.
And this leaves It free to adopt the
local practice, OF any other reasonable
Lractice which is not inconsistent with
the Legislation and rules of court re-
ferred to. The reference in Admiralty
Rule to service of a monition, which
is the service in this case, makes no
reference to the person on whom