The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-01-25

sion OF certain lands. claimed by tn
plaintiff by right of purchase and nov
| occupied by the defendants.
FEDERAL COURT TO RESUME.
The Federal Court will resume it.
session today, when q. decision will b,
rendered by Judge Dole in the appli
cation of S. B. Fujiyama for a review
| of the decision of the Board of Gen
eral Appraisement as to the classified
ton, rate and amount of duty OF
''miso;" consignment of which hat
/ been imported by the applicant. Misc
| which is a mixture of boiled beans an6
other miscellaneous articles dear to the
| palate of the Japanese, had been class
| ed as a sauce by the customs authori-
! ties and duty collected theron at the
rate of forty per cent. The contention
of the applicant is that the mixture
should be classed as an unenumerated
manufactured article, the duty upon
which would be but twenty per cent.
It is also possible that decision will
be handed down by Judge Dole in the
habeas corpus matter regarding Chfu-
| matsu Nakashima, the japanese who
has been detained by the quarantine
officials since October at Quarantine
island.
On Saturday the court will proceed
with the libel case against the Jana
nese S. S. Chiusa Maru, which will
probably go over to and be finished on
Monday. On Tuesday the Federal
Court will leave Honolulu to hold a
session at Hilo.
LANAI CASE REACHES SUPREME
COURT.
In the Supreme Court yesterday it
was decided that Judge De Bolt had
gone outside of his jurisdiction in
overruling his own decree canceling his
interlocutory decree in the matter Of
the appeal Of the Lanai injunction
matter. The Supreme Court did this by
simply overlooking the decree of the
Circuit Court judge and going on with
the appeal
Judge Gear appeared in the Supreme
Court to argue against the hearing of
the appeal, making an issue of the
latest ruling of Judge De Bolt read
ing as part of his argument the deei-
sion of De Bolt, including the caustic
references make in it to Attorney Cen
eral Peters and the dissertation on the
ethics of law generally.
Deputy Attorney General Milverton
vanced, simply reading a statement of
the action of Judge De Bolt in signing
the decree.
Chief Justice Frear disposed of the
arguments of Judge De Bolt by giving
as his opinion the statement that the
matter had passed out Of the hands of
the Circuit Court judge and dismissing
the motion of Judge Gear.
The matter will accordingly come up
before the Supreme Court today on APP
peal from the decree overruling the de-
murrer TO the bill in equity.
AN HISTORIC MORTGAGE.
A mortgage deed, issued in Hono1u-
III fifty-seven years ago by John
Young, Keoni Ana, as security for a
note of $5000 borrowed by the coun-
cillor of Kamehameha from John XII
nau Pitt Leleiohoku, is now occupying
the attention of the Attorney General,
who has filed a bill of complaint
against the trustees of the Bishop Es-
tate asking that the mortgage, still on
record, be cancelled, the note having |
been fully paid. The mortgage is exc
cuted upon a certain tract of land at |
Kaukahoku, Nuuanu, Oahu, contain
ing 92-100 acres. This land became
the property of the Territory through |
mesne conveyance and grants of all the |
property of John Young and the mort
gage, having descended by will to the
Bishop Estate, is a cloud upon the title
Of the land.
WILL BE SATISFIED.
A decision in the mortgage case of
Mrs Bathsheba M. Allen ct al. against
w. c. Achi ct al, was rendered yes
,erday by Judge Lindsay, the court
granting the prayer of the petitioner
md ordering that John Marcallino be
appointed a commissioner to sell the
affected and satisfy the mort
gage of S29, 900 held against it by the
petitioner.
PETERS FEE IN JEOPARDY.
Attorney General Peters, who alone
vas allowed a fee in the probate mat
er of the Holt estate, is not to be al
owed to collect his thousand dollars
a further fight, a notice of
appeal having been filed yesterday on
behalf of c. A. Long to the Supreme
Court from the order of Judge Robin
son allowing the $1,000 fee.
CRAWFORD TRIAL ON MONDAY.
The date for the trial of Willie Craw-
ord, charged with conducting a gam
bling house has been set for Monday.
crawford appeared before Judge Rob
nson yesterday, the court overruling
he demurrer to the Indictment against
i'm from the grand jury. Crawford
uttered a plea of not guilty.
COURT NOTES.
In the divorce proceeding of Augusta .
Walsh against Patrick Walsh, the pc
ition in which was filed on Wednes-
ay. an order was Issued yesterday by
udge Lindsay to the libelee to file an
nswer today.
A discontinuance has been filed in
he case of Wong Yon VS.. E. c. Hol-
TEN by the plaintiff.
The account of Frank Archer, guard
an for Kelohaolani, presented in Judge
court yesterday, was referred
0 John Marca1lino as master.
In the guardian of ShiZuko Niiya, q
he second annual statement of ac- ;
cunts was yesterday approved by
Judge Lindsay.
Mrs. Abigail K. Campbell-Parker has
led her answer to the allegations con- Y
aimed in the petition of Mrs. Alice K. 1
facfarlane. admitting the truth of the /