The Hawaiian gazette., 1907-01-08
J. A. MACON
INDICATED.
From Saturdays Advertiser

Judge De Bolt at o'clock yesterday
afternoon summarIly decided the
equity suit OF c. Il. Male vs.. ]. w.
Pratt. The action was to set aside a
sale OF lands under execution for taxes
ON the ground OF gross inadequacy Of
prices and fraud
on the various points raised the
court found for the defendant. In its
opinion Male was entirely TO blame
for the sacrifice OF his property. and
there was no evidence OF collision on
the part OF those attacked In the case
to rob him.
Male will appeal from Judge De Bolt
to the Supreme Court, his attorney
said after the decision was rendered.
Mr.. Lightfoot argued the defense for
more than two hours. Mr.. Ashford for
the plaintiff took less than an hour
MI Magoon. senior counsel and per-
sonally Interested in the issue on the
nominal defendants side, aided his
partner and Joined in some tart pas
sages between the opposing counsel.
Mr.. Lightfoot tainted Mr.. Ashford
with having $475 of plaintiffs money
at the sale and yet allowing a piece
or property he said was worth s476O ba
sold for s25. Even If the sale was ir,
regular the irregularity could not be
taken advantage of by Male.
something had been said about the
grand jury, to which the speaker now
referred
The grand jury is discharged" Mr..
Ashford remarked.
Yes, and counsel says 1t is fortunate
for Van Giesen," Mr.. Lightfoot said.
And for his counsel" Mr.. Ashford
snapped back.
Mr.. Lightfoot proceeded to argue that
there was reason for the law that the
selling officer should not be pur-
chaser. If you have an honest Sher-
iff'--
You will have one SOON" Mr.. Ash
ford interjected
Yes, thank God" Mr.. Lightfoot re-
sponded. and went on to discuss Van
Giesen's relations with Sheriff Brown
and his connection with the sale. He
argued that there was no law to forbid
private secretary or stenographer-
or the Sheriff's Pooh Bah as he had
been called by Mr.. Ashford--to become
a purchaser.
For the rest of the argument and the
points OF the case generally, they are
covered by Judge De Bolts decision as
condensed below. Mr.. Magoon, as al
ready reported. holds n portion of the
property in question and the decision
vindicates him of any wrong in his
with the matter.
Judge De Roll cnid that L., rao ,htn.-
a proper conclusion in the matter 1t
was necessary to consider the various
points made by counsel on both sides.
His findings We're as follows:
/. The service of summons In the
suit for taxes-Pratt VS.. Malie-was
valid and thereby the District Court
obtained jurisdiction over the person
OF Male.
z. The alias execution was valid.
3. Because Pratt had ceased to be
assessor at the time the alias execution
was issued did not invalidate the
sale
4. The notice OF sale was a levy
under the law and the practise of this
Territory.
y. Ihere was no question that the
consideration paid for the land was in
% dispute the sale on that ground. as
he small price was due to the con-
luct of his own counsel at the sale.
7. AS the motion for II stay OF exc
'ution granted by District Magistrate
was not well founded there
vas no reason for the order to stay the
Execution. This finding disposed of the
'ther question raised, though the court
a Inn -
District Magistrate had power over his
wn processes. The fact that the
sheriff saw 1T to ignore that order did
ot invalldate the sale.
8. Van Giesen had nothing to do with
onducting the sale. There was moth
ng In the evidence to show that there
'as any understanding or agreement
etween Van Giesen and Sheriff Brown
rior to the sale. After the sale Van
iiesen made arrangements with Brown
)r the money. This was questionable
elton, as getting the money from
rown might have vitiated the sale. 1t
Id not seem ~ be in good taste, but
the legal right was there mere i'm
ropriety would not make the sale
old.
There were other reasons, the court
roceeueu, Tor not setting the sale
side. Male owed his taxes. John II.
as his agent, had s475 where
18th to pay the taxes and Male said
g had the balance Male called on
heriff Brown and discussed the pay
ent OF his taxes. He said he would
re Brown later about It, but he never
llled on him afterward.
Mr. Andradc called on him many
mes and demanded the taxes, but was
refused. The first execution
rs not levied. second one was is
ed without result. Even the sale
der third execution was postponed
least once. 1t seemed to the court
ere was nothing left for the Govern
ent to do but to proceed and sell thu
operty. 1t was a well-established
inciple Of law that the Government
lst live, 1t could only survive by ex-
else of Its power of taxation.
No court was worthy OF its name or
to discharge it's duties IL 1t decided
lerwise than by the law and facts be-
re it, Male had the matter in his
m hands There had not been
lisper IN the case about any Illegal
in the assessment OF his taxes.
mn d.