The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-11-25
ARGUMENT FOR
THE LANAI DEAL
CONTINUED from Page One.)

waii in this case: In the present case
the bill does not show whether the
loss of revenue from rent would be
offset by rents from land OF equivalent
value or by a saving of revenue when
otherwise would be used. In the alb
sence of an aveTment of loss none can
be inferred. The taxpayer would gain
from the transaction peculiarly if the
Territory thereby obtain property for
such public uses as school houses, for
instance, for which otherwise legisla-
tive appropriations would be made re-
quiring increased taxation and I'M
such cases the plaintiffs only interest
would be his desire that the public
land laws be correctly administered
The Supreme Court of Hawaii did
not pass upon the question of the
plaintiffs right to bring this proceed
ing, deeming it unnecessary on ac-
count of the view held by it upon the
question of the authority of the Off
cials to make the proposed exchange,
but defendant in error now submits
that upon this grounu alone the writ
! should be dismissed
This writ should be dismissed be-
cause the act sought to be enjoined
has been already performed.
AS this case now stands this court
| is asked to enjOin the doing of an act
already done. In this proceeding,
therefore, the question is a moot, or
| frivolous one The record summarize
ed in the statement of the case above,
shows that after the filing of the deci-
sion of the Supreme Court of Hawaii
holding that the decree appealed from
is reversed. the demurrer is sustained
and the bill dismissed (Opinion JUS
tice HartwelD. and prior to the mo-
ton of plaintiff in error for a decree
continuing the injunction in force
pending an appeal, the act against
which an injunction was sought had
been done. Relying upon the opinion
of the Supreme Court of Hawaii dis
missing the bill, the officers forthwith
acted and accomplished what had been
proposed, what they had heretofore
]
time this action was taken no process
restraining them or either of them
was outstanding, and they had the au-
thority of the Supreme Court of Ha-
waii for thinking that full power was
given them by law TO complete the
transaction. Acting with this justif-
able belief and upon the theory that
delay was no longer necessary, the eX-
change was made.
In view of the decision of the locaI
Supreme Court, these cases cannot be
distinguished on the theory that the
doing of the act was the fault of de-
PENDANTS in error They were fully
justified in their belief that the deci-
sion of the Supreme Court of Hawaii
sustaining the demurrer and dismiss
ing the bill put an end to this litiga-
tiOn even without the entry of a for
NAL decree, the decision itself being
so worded as to make the entry of d
decree for all practical purposes use,
less. The. local court recognized this
fact in It's decision on the motion fol
*%-%%$%~~~%N-%$
and Miss KingsbuTy and their sup
porting players is well presented. There
p is plenty of comedy furnished by al
p old maid, a crusty widower, a love
sick college boy, lively school girl
= and a penniless French count.
There will be four performances o
The Unwritten Law" a special ma
tinee to be given on Thanksgiving
} day at $3.50 o'clck The Scouts Re
t venge" follows on Thursday night, con
= tinuing until Saturday night