The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-01-05
!. A. MACON
V|ND|CAT
The Court Finds Male
Caused His Own
Troubles.

Judge De Bolt at o'clock yesterday
| afternoon summarily decided the
equity suit Of C. B. Maile VS.. J. W.
Pratt. The action was to set aside a
sale of lands under execution for taxes
on the ground of gross inadequacy of
prices and fraud.
On the various points raised the
court found for the defendant. In its
opinion Maile was entirely to blame
for the sacrifice of his property, and
there was no evidence of collusion on
the part Of those attacked in the case
to rob him.
Maile will appeal from Judge De Bolt
to the Supreme Court, his attorney
said after the decision was rendered.
Mr.. Lightfoot argued the defense for
more than two hours. Mr.. Ashford for
the plaintiff took less than an hour.
Mr.. Magoon, senior counsel and per-
sonally interested in the issue on the
nominal defendants side, aided his
partner and joined in some tart pas
sages between the opposing counsel.
Mr.. Lightfoot taunted Mr.. Ashford
with having s475 of plaintiffs money
at the sale and yet allowing a piece
of property he said was worth s4760 ba
sold for s25. Even if the sale was IT.
regular the irregularity could not be
taken advantage of by Maile.
Something had been said about the
grand jury, to which the speaker now
referred.
Tt9re ND i,,,.xy i. iCaf a rod r.
Ashford remarked.
Yes, and counsel says it is fortunate
for Van Giesen,' Mr.. Lightfoot said.
And for his counsel" Mr.. Ashford
snapped back.
Mr. Lightfoot proceeded to argue that
there was reason for the law that the
selling officer should not be pur-
chaser. IF you have an honest Sher-
iff''--
you will have one soon,' Mr.. Ash
ford interjected.
Yes, thank Cod Mr.. Lightfoot re.
sponded, and went on to discuss Van
Giesen's relations with Sheriff Brown
and his connection with the sale. He
argued that there was no law to forbid
a private secretary or stenographer-
or the Sheriffs Pooh Bah as he had
been called by Mr. Ashford-to become
a purchaser.
For the rest of the argument and the
points of the case generally. they are
covered by Judge De Bolts decision as
condensed below Mr.. Magoon, as al
ready reported, holds q portion of the
in question and the decision |
vindicates him of any wrong In his
with the matter.
Judge De Bolt said that in reaching
a proper conclusion in the matter 1t
was necessary to consider the various
points made by counsel on both sides. |
His findings were as follows:
/. The service of summons In the
suit for taxes-Pratt VS.. Maiie-was
valid and thereby the District Court
jurisdiction over the person
If Maile.
9 The alias execution was valid.
g. Because Pratt had ceased to be
assessor at the time the alias execution
was issued did not invalidate the
sale.
T. The notice of sale was a levy
lnder the law and the practise of this
Territory
6. There was no question that the
pdid Ioi tIlC leeAANA 'N~t' - /
Ldequate, but Male was in no position
o dispute the sale on that ground, as
he small price was due to the con-
uct of his own counsel at the sale-
7. AS the motion for a stay of exc
ution granted by District Magistrate
lindsay was not well founded there
vas no reason for the order to stay the {
xecution. This finding disposed OF the
ther question raised, though the court
Yas inclined to the opinion tnat the
District Magistrate had power over ms .
wn processes. The fact t6aS tne ,
herff saw fit 10 ignore that order dad !
OF invalidate the sale. !
g. Van Giesan had nothing TO do with ,
the sale. There was notn-
,g in the evidence to show that there
as any understanding or agreement
etween Van Giesen and Sheriff Brown /
rior to the sale. After the sale van :
iesen made arrangements with Brown ,
" the money This was question: Die
elton. as getting the money from | Z
rown might have vitiated the sale II
id not seem tR be in good taste, put
the legal right was there mere I'M ;,
-opriety would not make the SAFE I
Did. :
There were other reasons, the court J;
.oceeded, for not setting the sale
;ide Maile owed his taxes. John
1lburn, as his agent, had s495 where =
it'll to pay the taxes and Male said :
, had the balance. Male called on
1erfff Brown and discussed the pay
ent of his taxes He said he would s.
G Brown later about 1t, but he never
lied on him afterward.
Mr.. Andradc called on him many
mes and demanded the taxes, but was t
peatedly refused The first execution
as not levied A second one was IS
ed without result. Even the sale t
lder a third execution was postponed g
least once Tt seemed to the court 4
Continued on Page Three.)