The Hawaiian gazette., 1907-06-28
MANDAMUS UNDER
THE CLAIMS ACT


against Land Commissioners fratt III
THE Circuit court yesterday to compel
l,,o ,,a,,,ort -, ona n, tho claims nm
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lu'r '"e O'"'''S E'N' Vi ''' '"s'
lature which was passed over the Gov
ernor's veto. and which the Governor
has instructed the heads of depart
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'''e"'S "o' W "Pp'o'' VI Inv
TO pay
The plaintiff in this case Is F. r.
lI.ucweiko The legislature allowed his
o,,t. =. ,,soo O.. ,.,, ,otar Gov s,rast
.''i''' "' 'i'O' 'oi 'aN
Improvement at the intersection Oh
King street and Beretania avenue, Mo-
Hill. under an agreement with the gov
ernment June s, 1908. The government
has never paid for the land. and the
Legislature allowed this as an item In
Act 1913. known as the claims act.
The act provided the money should
not be paid unless a receipt in full
therefor were filed and the same ap-
proved by the head of the department
under which the claim was inserted In
the act rms claim was inserted uh-
NC u tne s 80 Va ,.a
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AZ. ...,, Casoi
~ n. 80
.'e -. ce,,on,,
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PEI irri -as
co,,anunn =. r,or ,,,s,sts th,+ q 10 tho
~, - aa -. ,ho
l ,,n mo. s D. ,,,o o,o,r,,
~ Tho c,ain,ant ia that on,v the form
of the receipt is to be approved by
the heads of departments, the legisla-
ture itself having approved the claim.
This was the understanding of the
members of the legislature.
Judge Robinson before whom the pc
tition for n writ of mandamus Mas
brought by Attorney Harrison, granted
the issuance of an alternative writ
commanding the defendant either to
approve the receipt or to show why he
does not. The matter was set for
hearing at 10 o'clock in the morning
july o.
DEMURRER FILED.
In the suit of Kalama Rodrigues and
others against Antoine Rodrigues and
others, J. p. Mendonca, one of the de-
fendants. has demurred. Among other
causes of demurrer he alleges that the
interests sought to be partitioned are
interests under a trust the purpose of
which would be destroyed by the par
tition; also that none of the parties
piaiii'iH WHOSE interests are soushl W
oe parti'ioheu iiaNe any pleseh. pus-
SesSioii VI ilsh' VI po9'esSioh III '"'
property OF the rlsh's tiereiioih'
TO FORECLOSE MORIGAGE'
Suit to foreclose mortgage has been
begun in the Circuit Court by Mrs. j.
G. Spencer against John william
Schultz, Leida Stanford, Thomas Mott
and David Dayton administrator of the
estate ol the iate Asa,na tNo'': nne
property Is si'ua'eu III Nuuahu 'aies
anu was niortsasea ny .iie ia.e Asulna
Nott' anu hei husoahu " f1a.oiu t open-
a.u .,e nv - ~, n,,,t
of the mortgage originally was $500.
srpr-c15 err. cIcr,p
Judge De Bolt ana Jucy Yesterday
AFTERNOON pesah the triai Oh Inc Ter
ritory OF Hawaii " Mapu' assault. MA
pu Is charged with having chokeo ana
struck MS sister MIS- An Iuch'
jury was secured ana the prosecution
presented its case "heh court auJourh-
ed Tor the Day A. M Brown Is con-
Quoting the case Tor tne lerritory ana
W. g. Achl ior the oelehse'
WANTS A DIVORCE.
Libel for divorce was filed in the
Circuit Court yesterday by Caroline
Lungsren against A. L. Lunggren.
They were married October 4. 1906, by
the Rev. II. III. Parker, and few
weeks later 1t is alleged that the hus-
band deserted the libelant and went
to the Coast. where he Is now, con-
tributing nothing to her support.
WANTS HEP RENT
,E ,y,., -,
ae a. ., o,'N'.,4
plousn' su,. ~ .n soos ~ oou,s
"saiist al ~ lo' F'-' ie''' io' ''H'
at i>e'''"' aialua'
COURT NOTES
II. Hackfeld & Company have begun
keeper at Haleiwa, Waialua for $12i.s3'
Y. Akau and his wife Kan shee have
Iliea a petition Tor the adoption oil An
RAJ the httle son OF l,uln fuen ana