Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1907-01-23
DOVE If Peace HAS
RETURNED 70 COURT
No Serious Strife Over
Lanai Land Case
Today

The dove OF peace has again, for the
present at least. perched above the
chair Of Justice In Judge De Bolts
court The storm.clouds have blown
away and the muttcrings of thunder
md flashes of oratorical lightning that
Yesterday cleaned lurid through the
judicial murk were today things Of the
pest. q
There is still electricity in the dir,
however, and at any moment the storm
clouds may again appear above the
horizon. But for the present the sun
shines.
The Lanai matter was up again to.
day. The phase of II to be decided
was Deputy Attorney General Milver.
tons motion for an extension of time
In which to file his answer to- the bin
I'm equity. in case II should be neces.
sary for him to do so.
Judge Gear. Of course, opposed any
such extension. In doing so, he said
that he thought Mr.. Milverton was put.
ting himself In curious position, In
that while. he denied the Jurisdiction
Of Judge DC Bolt he was still coming
before him with a motion.
Milverton replied that he did not dc.
ny all jurisdiction on the part of the
Judge. He commended that Dc Bolt
had no right to make any order or rul
Ing that would tend to usurp the func
tions Of the Supreme Court or to con.
flict with the rights Of that court hut
the Circuit Judge. he stated, still had
Jurisdiction In some ways. In case the
Supreme Court should sustain Judge
De Bolt In his ruling of yesterday, the
Attorney Generals Department wanted
to be In court In the matter, without
any prejudice to its rights. For that
reason. he asked the Court to grant
his motion allowing him ten days from
the time the Supreme Court should
hand down It's decision In the matter OF
the appeal, In case such decision
should he adverse to the respondents
Gear stated that he could see nc
reason for any extension OF time. The
Court had ordered the respondents tt
answer to the bin In equity by tomor
row night, and he wanted that ordel
to stand
Milverton contended that II the Su
preme Court should sustain the appea
on the question of the demurrer there
would be no reason for the respond
ents to reply to the bill on It's merits
De Bolt finally said that he woult
give MiNerton until Saturday after
noon In which to file his answer. ant
II, on Saturday morning, there appear
cd any good reason why he could moi
| have the answer ready, he would list
en- to a motion for a little more time
Tho matter comes up In the Su
rreme Court Friday morning on ap
peal. The Court may decide off.han,
as to Judge DO Bolts Jurisdiction II
the matter and his right to take tn,
action he did yesterday In cancellin,
the interlocutory decree and the orde
allowing an appeal. II is rather prob
able, however, that no decision In th'
matter will bt, handed down until Mon
day. morning. In llsuch case, undc
Judge De Bolts, yuling, the Attorne!
Generals Demrtment must have IL
answer In by Saturday or else lose IL
right to come before the Court In tn,
matter at all, and McCandless wou!'
in such case win by default.
There is little question. Of course. a
&c the Circuit Courts decision on tn
bill In equity. but In case Judge ID
Bolt has the matter referred back t
him, and decides In favor Of McCand
less. the Attorney General wants to b
in position to take an appeal to tn
Supreme Court on the bill. II Is fO
that reason that the motion was pre-
scented this morning asking for an es
tension Of time. so that the respond
ents may still be before the Court 4