The Hawaiian gazette., 1907-09-27
General Insurance Co. for Sea River
and Land Transport of Dresden.
TWO HUNDRED
WITNESSES

Preparations are being made for the
October term of the United States Dis
tict Court which meets in October and
which will probably be the largest in
number and Importance of cases held
for long time. The term begins Oct
ober IA, and the grand jury is summons
ed to meet at that time. About two
hundred witnesses will be summond to
testify before the grand jury in the
numerous cases to come before it. The
petit jury is not summoned to appear
until November L.
PAX CHEZ DECLARED INNOCENT.
The jury in Judge Lindsay's court
before which the case of PAX Chez
charged with assault and battery on
Look Lee last May near Loves Bak-
cry, brought in verdict of not guilty
yesterday afternoon. They were out
for about half an hour.
The case attracted a good deal of
attention at the time as it was suppos-
ed to grow out of a threatened tong
war. The evidence was very conflict
ing, and il seems likely that the jury
arrived at the verdict it did because of
utter inability TO decide what wit
nesses were telling the truth.
PUBLIC OR PRIVATE FISHERY?
The Attorney General has already
submitted his brief in the case in the
Supreme Court of the Kapiolani Es-
tate Ltd V. the Territory of Hawaii
This case comes to the Supreme Court
on reserve, two questions reserved by
the Circuit Court of the First Circuit
The first of these questions is whether
the First Circuit Court has jursdic-
ton, and the second whether what is
known as "Muliwai fishery" comes
within the operation of the Organic
Act relating to fisheries. The fishery
in question is at the mouth but within
the limits of the Hanapepe river on
Kauai. While within the banks of the
river the tide rises and falls, through
out the whole length of the fishery,
NAAN 4ASAl le1hCl al SC1 1lSLly dllu LILO
fishery is not enclosed but is open to
the sea. The brief concludes thus:
I'VE therefore submit that a fishery
where the only fish sought to be taken
are from the sea waters of the Terri
tory, fishery not enclosed and open
to the sea, is such a fishery as the
Congress of the United States intend
ed should be open to the people at
large and not restricted to a private
ownership
The brief was prepared by Deputy
Attorney Whitney and is considered a
very strong argument.
L. L. MCANDLESS INTERESTED.
In the case of the Oahu Railway &
Land Company V. James Armstrong,
L. L. McCandless by his attorney. A.
G. NJ. Robertson, yesterday filed a mo-
ton to be allowed to intervene. He
claims that he has an interest in the
subject matter of the controversy and
has a good defense against the claims
of the bill.
CONDEMNATION JURY DRAWN.
The trustees of the Lunalilo Home
nave decided that II would not De Sa1e
for them under the provisions of the
will TO grant a right of way through
the Lunalilo Home grounds for the new
Tantalus slopes road. This makes it
necessary that the property be con-
demned. On the application of the Su-
perintendent of Public Works, Judge
De Bolt yesterday had drawn a list
of twenty-four from which he directed
the High Sheriff to draw six to con-
stitute jury ito visit and inspect the
locality and to decide upon the pro-
priety of the work or measure pro-
posed and TO report thereon
The following are the six drawn: ].
F. Brown, Hugh H. Walker, c. II. Bel
lima, Joseph Mcqueen, r: c. Carter and
C. G. Fuller.