The Hawaiian gazette., 1907-02-08
is TERRITORY
A SOVEREIGNTY

ritory and to every taxpayer in II has
been submitted on briefs to the Su.
preme Court for ruling, the amount
involved being large. The decision
asked is upon the question whether the
statute of limitations applies to debts
owing to the Territory as it does to
debts owing to private persons and
corporations. Upon the decision of the
Supreme Court depends the possibility
or impossibility of collecting through
the courts all the taxes overdue from
dates prior to six years ago.
A number of such cases are pending
in the District Court, in which Judge
Weaver advanced the argument that
in SO far as the collection Of debts Is
concerned the Territory had no status
other than that enjoyed by any other
creditor, and that all taxes, except those
for the past six years, had been out
lawed by the statute of limitations.
He admitted that a sovereignty IL
above the law, but did not admit sover-
eign powers to the Territory, these
powers having become vested in the
United States since annexation. Judge
Weaver quoted authorities in support
of his contention.
These authorities are given in the
brief submitted by the Attorney Gen
erals department to the Supreme Court,
along with the arguments and author.
tiles they make and have to show that
the contention advanced by Judge
Weaver is erroneous. In the meanwhile
Judge Whitney is reserving his deci-
sion, pending the decision Of the Su-
preme Court.
GUARDIANS ROASTED.
Judge Lindsay administered a scath-
ing rebuke to James e. Fullerton, the
guardian of an estate who had invested
his wards funds in q mortgage on
and, the title to which was In dispute
at the time in the courts. Not only
was Fullerton numerically called
Town. but he was relieved from his
and ordered to pay back
INTO the estate the amount lost through
his losing investment. The fact that
he mortgage in question was fourth
mortgage on the lands, the first three
icing made in the names Of James e.
Fullerton, was commented on by the
Judge. who remarked that this was a
mysterious part Of the transaction up
IN which more light was required.
I'm fact" said Judge Lindsay, "all
he acts of the guardian show negli-
renee, that he has not handled the
state of these minors as he would have
prudent man should
ave handled-his own affairs. That is
What / understand Is the guide to
Guardians duties in such matters.
The mortgage as it now stands is alb
olutely worthless as it appears on pa
'er; the first part of the mortgage, |
nd interest that these mortgagors held |
THAT lands they are. There may be |
othing. The mortgage simply pur-
orts to give a quitclaim deed to any
their properties. Now, as under
tand, 1t is the duty of trustee to
iailniu,, hohes. anu pruoeht IN MS
iVestihei's' anu II seenis 10 me there
II the circnmstances ~ the case -
GEMS to mo no more than lust and
roper that you, as guardian, should
Q surcharged with the sum of $25S1.3O.
n other words, the court will not al
wv the mortgage as it now stands to
e considered as a security for the
linors property, and you are hereby
lrcharged $2s5l.30. And 1t Is further
rdered' In view OF all the circum-
.ances' you Dc removed from the posi-
on as guardian OF the estate and the
'urt OF its own motioh appoints MT.
. n trent as sualolah oi the estate
'ne a.s a. TINS mattel anu that
. we ca ZIG pioP
/. Trent, upon his uualifying a. euar-
ian aforesaid, and filing an approved
ond In the sum of $4,000. 1t is SO or
ered.'
Frank Archer also came in for some
olnted remarks, the judge putting
own his mistakes to a misunderstood
70 or his duties, ordering him to pay
lie masters Zee but considering 1t I'M
ecessary under the circumstances to
ircharge MIN with the amount OF his
'ihihissiohs.
NEW JURYMEN DRAWN.
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