The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-05-16
CHILDREN MUST
HAVE PENSIONS
Important Decision to Benefit
Societies---The Along Case
Court News.

In the case Of the five Rodrigues mi
ncrs by their next friend. Joaquin
Garcia, against the Portuguese Mutua
I Benefit Society of Hawaii, a submis
sion on agreed facts, d majority of the
| Supreme Court, Chief Justice Freal
dissenting, renders judgment for the
plaintiffs. 1t is an important decision
4 to benefit societies.
! Justice HartwelI is author of the pre-
vailing opinion, Justice Wilder signing
| ii with him. E. A. Douthitt represent
ed plaintiffs, and E. NJ. Watson the
| defendant. The syllabus of opinion
is as follows:
ciety, a corporation, from August %,
1889, paid his monthly dues AMI re-
ceived no benefit until his death, April
8, 1904, period of over fourteen years.
A bylaw of the society when he be-
came a member provided as follows:
The society gives the following assist
bers: To the children of less than II
years of age, orphans of members who
during 10 years have contributed with
out having received benefits, the So
ciety shall give pension until they
complete the age Of IL years. This
benefit shall be of so cents daily il
hp,- Ial fn na Arcf ale ma
of % cents if to the second class. No
vember 20, 1903 a little over four years
after the end of the ten years of his
membership and a little more than four
months before his death. the bylaw
was amended by substituting fifteen
years for ten years. r. did not con-
sent to the change but being resident
of Waikiki, was not entitled to notice
of meetings which was required to be
given only to residents of Honolulu.
Held, Frear, c. J., dissenting, the
amended bylaw did not affect the PEN
sion right acquired under the bylaw
prescribing ten years as the term and
does not purport to apply to such |
cases"
THE ALONG CASE.
The so-called Along trust case-Car- |
rie B. Riggs V. Julia Fl. Along and 9th,
up ON demurrers before |
Judge Robinson yesterday morning. r.
w. Breckons and W. w. Thayer APP |
peared for complainant; j. J. Dunno
for Julia H. Along, w. T. Rawlins for
Alice L. Hutchinson, Martha NJ Dough-
erty, Helen c.. HenshaIl. Albert f.
Along, Julia H. tombstone, Mary Along,
Tony Along, Ella P Whiting, NJ. B.
Brewster and Bessie r. Burns; Magoon
& Lightfoot, for Enmeline NJ. Magoon;
A. S. Humphreys, for Marie K.
A. G. M. Robertson, for
Nancy L. McStocker.
Mr.. Dunno opened by reading the
and argued until IL noon.
when recess was taken until 2 p. m.
At that time Mr. Dunno resumed,
speaking the rest of the day. He con-
.ended that the deeds of C. Along to
lis wife did not create trust as claim
I'd in the bill.
A number of the respondents in their
answers assented to the prayers of the
thus placing themselves
IN her side as against Mrs. Along and
he children landing by her.
CRIMINAL CASES.
All Pc pleaded guilty to selling lot
cry tickets and Judge De Bolt sus-
pended sentence for thirteen months.
A nolle prosequi was entered for Lee
FUN Kwai. charged with embezzlement.
Lee Let's trial for bribery has been
ontinued until June "a.
GRAND JURY WORKING.
The Territorial grand jury was doing
BUSINESS in the Land courtroom, Judi
larry building, yesterday. 1t is ex-
ected that Joe Clark, who, to the sur
rise of court and counsel on both {.
ides, was lately acquitted of violating
he Sunday clause of the old liquor
aw will again be indicted on a SINH
ar charge A commttal from the !
district Court, in which a Hawaiian
illness, was under investigation. The
irl is now in the Girls Industrial
chool. from whence she was brought /
testify before the grand jury. At
,rney General Peters is in attendance
JUDGMENTS. 7
Judge Lindsay granted a motion for 1
efauIt presented by Kinney, McClan- I
han & Derby for plaintiff in the suit s
California Electrical Works against
NY Owens Electrical Construction Co. Il
was for a balance of s487.22 on a
1