The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-01-15
GOVERNMENT BUSY
ON LANAI APPEAL


All Of these points raised by the at
toruey generals department are am
plided in the brief filed last night. Nu-
merous authorities are quoted in the
matter, to sustain the contentious rails
ed. It IS contended that the legal ef-
feet Of the verihcation IN this case IS
that the bin is wholly upon informa-
ton and belief and this form Of veri-
ncation has been condemned by the
courts quoting from an Illinois decision
the brief states that matters that are
I'm bin that are stated upon informa-
ton and belief can only be known by
probing the mind Of the pleader.
In arguing for the second ground the
brief points out that az because Of the
harshness Of the remedy Of injunction,
strict adherence TO such rule Of plead
| ing IS required IN such a suit. II IS
| not sufficient that the complainant
should claim that the defendant, Pratt,
! is proceeding without authority Of
| law" or that the acts complained Of
| are unlawful an act IS wrongful or
| Illegal rs usually a conclusion Of law
/ The facts showing logically that the
acts are unlawful should be stated.
Upon the third ground It Is held that
| the aid Of the courts can be invoked
only by a person who would suffer
some special injury or damage differ
ent from what the general community
at large might suffer. In the present
case there IS no allegation made by
complainant that be has or would 50
suffer by reason Of the acts Of the land
commissioner In making the proposed
exchange. The aid Of the courts can be
evoked only on the theory that COM
plainant as "a taxpayer and citizen
has the right TO come into equity and
restrain the acts complained Of. In
some instances taxpayers have been
permitted 10 enter into injunction pro-
ceedings where It was evident that the
public revenues might be squandered
and thereby cause a loss 10 every tax
payer but there is no such allegation
in the present instance. The brief then
takes up the consideration Of number
of cases that sustain such contention.
The brief holds that the complainant
has failed utterly 10 show damage to
the community as a whole or 20 himself
as special or otherwise.
The brief takes up the consideration
Of the Hawaiian case Of Castle ct al
vs.. Kapena, which IS relied upon by
the complainant It Is contended IN
the brief that, this case falls within
the latter class, as IL was shown In
the Kapenta case that the Hawaiian
government would have suffered an ac-
tual loss, as It was proposed by the
minister OF finance TO accept In pay
ment Of the issue Of 100000 Of bonds,
silver coins which were worth only 81
, cents Of the value Of an American gold
coin, when the laws expressly prohi-
bited the issuance Of bonds at any price
below par
The brief enters into a careful and
exhaustive discussion Of the contentious
arising from the statutes regulating
auctions sales, leases etc. OF public
lands. It IS held that the provision
that restricts the sale Of lands TO 100
acres applied to sales Of land for cast
and not for exchanges as It is proposed
10 be made IN the present case. Under
section 252 Of revised statutes 1t Is con-
tended that there Is no limit whatever
placed upon the size Of land to be eX
changed where the land to be secured
through such exchange is to be useC
for public purposes
This feature Of the case which Is re
garded as about the strongest set fort
In McCandless brief Is argued at mucl
length, a number Of authorities an
Hawaiian cases which are thought I