The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-02-02
LARGE SAVING
MADE IN STAMPS
Supreme Court 0verruies the
Treasurer---Question
About Crawford.

Chief Justice Frear, the Supreme Cour
bell, Treasurer of Hawaii, of 1919 stamr
duty on a certain document and fixes
the stamp duty thereon at 81. This il
on the appeal of c. Bolte and J. o
, Carter, trustees under a mortgage by
J. P. Mendonca to secure payment OF
14O $1,000 per cent. coupon bonds pay
able in instalments at various times
from 1903 to 1910. The case was sub
terday. Holmes & Stanley for appel
lants, Deputy Attorney General Pros
ser for appellee.
A stamp duty of s409 was paid on the
mortgage. On March %, 1904, further
security was given by another instru-
ment on which 81 stamp duty was
paid. On July 9, 1906, another instru-
.nent was executed making a readjust-
ment of the trust, in which the inter-
est on a balance of $4,000 was re-
duced to per cent. and time of pay
ment extended to 1916, and it was on
this instrument that the Treasurer as
| sessed a stamp duty of 1919, on the
theory that it was a mortgage. The
| court in its syllabus of opinion says:
IAN instrument reducing the rate of
| interest on bonds secured by an exist,
ing mortgage, extending the time of
payment of the bonds, providing for
new coupons, and permitting the trus-
tees to take possession of the mort
gagged property and manage it and ap-
ply the income for the benefit of all
concerned, should be stamped as an
agreement and not as a mortgage
WILLIE CRAWFoRD'S CASE.
Judge Robinson's reserved question
in the case of William Crawford in
dicted for conducting gambling games,
was argued and submitted before the
Supreme Court yesterday by M. F.
d. Gear for the defense. In the docu-
ment signed by the trial Judge, fol-
lowing details of the court proceed
ings. the question is stated thus:
THE question reserved for the con-
sideration of the Supreme Court is as
to whether or not, under the indict-
ment in the case at bar, charging the
offense specified as having been COM
1906. and for a period of thirty days
= 1~r1
can be convicted under the Indictment |
upon proof of the commission of an |
offense similar to that charged in the |
indictment, occurring on the 18th day
of November, 1906, and on each and |
every day prior thereto for period |
of thirty days.
SUPREME COURT. CALENDAR.
Cases now on the calendar for the /
February session of the Supreme +
Court, beginning on Monday, are as
follows:
In the matter of the estate of Hika-
alani H. Noho1oa, deceased. Appeal |
from Circuit Judge, Second Circuit. E. I
c. Peters for petitioner-appellant:
Holmes & Stanley for appellees.
]. K. Farley, tax assessor ". Makee
Sugar Co. Appeal from Circuit Judge,
Fifth Circuit. Attorney General for
petitioner-appellee; r. w. Breckons for
spondent-appellant.
Harry t. Mills V. John S. Walker.
from Circuit Court, First
Circuit A. S. Humphreys for plain
Geo. A. Davis for defend
J. II. Kunewa, deputy assessor V. J.
K. Kaanaana. Appeal from District
Magistrate, Eva. Attorney General
'or plaintiff-appellant; defendant-ap-
oellee in default.
w. w. Bruner V. Louis Andrade, Err
'or to Circuit Court, First Circuit H.
J. Middleditch for plaintiff appellant;
:. F. Peterson for ACKNOWLEDGEMENTS.
William Henry v. Arthur NJ. Brown.
Exceptions from Circuit Court, First
Circuit. Magoon & Lfghtfoot for plain
Geo. A. Davis and Geo.
D. Gear for neutrality-suspicious..
THE BARETE ESTATE.
Judge De Bolt yesterday made an
order confirming the masters report
# 3. L. Marx in the case of Maria
8arete V. VIM. Savidge, trustee. The
court would sign a decree directing the
minors to pay the widow $1,000 in lieu
If her dover in the estate and in full
settlement of all differences between
he widow and the minors. II was or
Tered that all costs to date be paid,
,ne-third by the widow and two-thirds
oy all the heirs, majors and minors,
oro rata, the trustee being directed to
make such payments out of the funds
If the estate. w. c. Achi appeared
or Agnes Soares. petitioner; F. E.
Thompson, for w. Savidge, respondent:
:. Lightfoot, ad litem for the minors, /
:. w. Ashford for the majors.
THE LAND COURT. '
Judge Weaver has made an order /
intending decree and certificates of til
lie granted to John Emmeluth.
J. Garcia has made an affidavit rel
'etition of Maui Dry Goods & Grocery
20, Ltd, for registered title to land,
he substance of which is summed up
n the last paragraph thus: II per-
onally know that for the past fifteen
ears this property has been in the q
Inclusive control, first, from at least h
$50 down to 1900 or later by the Wal n
uku Sugar Company; then for a linn
ted period by Becky Cockett, and