The Hawaiian gazette., 1907-12-13
PLEADS GUILTY,
Gets OFF EASY

l Raymond A Lucas of Hiio arrive
/ yesterday by the Claudine in resporls
| to a summons from the United state
. District Attorneys office He appear
: ed before Judge Dole to answer a com
PLANT charging him with taking allot
ment notes from seven sailors Of iii
ship John Ena last April for othe
advances than board and lodging. H,
waived the reading of the complain
and pleaded guilty. He stated fully
the advances he made the sailors Which,
included money loaned them and liquor
furnished them, only about half the
notes being for the necessaries the Law
permits. He said that he had taken
the notes in good faith believing that
he had a right to; that he had actually
furnished the amounts for which the
notes were given and was in total ig-
norance that the law permitted such
4 notes only for certain necessities.
United States District Attorney
Breckons, said that he was entirely
convinced of the truth of Lucas's
statements as to his having done what
he did in ignorance Of the law. The
prosecution had been commenced I'M
der instructions from the department,
and he had nothing to urge as to the
punishment. Judge Dole fined Lucas
US and costs.
CASES SET.
In the Supreme Court the following
cases have been set specially for jan
uary s: o. r. & L. Company v. James
L. Holt, Tax Assessor; Territory of
Hawaii by c. R. Hemenway. Attorney
General V. H. r. T. & L. Company;
Emelia Vieira Olivera ". Maria vieira
Silva ct al. Kumazo Matsumura v.
County of Hawaii.
Before the Supreme Court yesterday
the case of F. R. Harris v. B. o. Clark
was argued and submitted. The court
then adjourned until next Monday
morning at 10 a. m.
AIIMONY PENDENTE LITE.
In the divorce suit of DR.. Norman
S. Fairweather against his wife,
CorinneJ A. Fairweather, her attorney,
E. C. Peters, yesterday filed a motion
for counsel fees and alimony pendente
lite. A rule to show cause why the
plaintiff should not pay counsel fees
and an Indebtedness Of $3.50 incurred
since the beginning of the suit is ask
ed. In support of these motions an
affidavit by Mrs. Fairweather is filed
in which she charges her husband with
cruelty and with abuse. She alleges
that she is sick and unable to care for
herself and that her physician advises
her that for two months she will be
unable to leave the house except for
exercise and cool air. She says she
needs s35 a week for her support. She
alleges that her husband is in receipt
of an income of from $500 to $500 a
month.
JURY, LOOK SEE!
In the trial of Lee Look yesterday |
at the close of the afternoon session
the jury were taken to view the scene
of the alleged assault near Beretania
and Nuuanu streets.
sak.Sk-ak>~AklS k>~Ak~-Sk, Ak>Ssk-Ak>s |
fruits of an unrealized speculation"
can not be made the basis of recov-
cry III SUNS " IcCONCl QoAio5CS 1OA
breach of contract, it is we'll settled /
that profits which are reasonably GER
tain may be. But it is equally well I
settled that the profits which would
have been realized had the contract
been performed, and which have been
prevented by it's breach, are included
in the damages to be recovered in
every case where such profits are not
open to the objection of uncertainty or
of remoteness, or where from the ex-
press or implied terms of the contract
itself, or the special circumstances
under which it was made, it may be
reasonably presumed that they were
within the intent and mutual under
staading of both parties at the time
it was entered into" Profits are not
open to the objection of uncertainty
and certainly not to that of remote
ness, where they would have been the
direct result of carrying on the con-
tract to a completion and were OBJ
viously within the intent and mutual
understanding of both parties at the
time it was entered into.
The seventh objection is that there
rs q misjoinder of counts or causes of
action in said proposed amended COM
plant. The proposed amended COM
plant contains three counts or causes
of action, in the first and second of
which it is sought to recover damages
for breach of the same contract, and
in the third count it is sought to re-
cover damages for the wrongful acts
of the defendants in making certain
false representations and promises
and directly connected with
the contract alleged in said third |
count, being the same contract set out |
in the first and second counts. In the
absence of some statutory inhibition
under our system, 1 can see no reason
why any number of counts might not
be united in the same complaint or
petition, whether founded upon con-
tract or upon tort, if they all arise out
of the same transaction or out of the
same contract, and each affects all of 1
the parties to the action. The eighth,
and last, objection is that the contract |
sued upon is void as against public
policy. In the language of Mr.. Justice
Harrison, of the Supreme Court Of
California, in the case Of Smith v. 8.
F. & N. P. Ry. Co., lis Cal, 5S4, at
page 900. Public policy is a term of
vague and uncertain meaning, which
it pertains to the lawmaking power
to define and courts are apt to en-
croach uDon the domain of that branch |