The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-06-07
THE LANAI CASE
GOES Up HIGHER
/. /. MccandIess Takes II to
Washington on Writ of
Error.


preme Court of the United States. A
writ of error to take it there was
taken out of the Supreme Court of the
Territory yesterday by A. G. NJ. Rob
ertson, the attorney for L. L. Ne
Candless, Chief Justice Frear signing
the papers.
The application for the writ sets out
that the decision of the Territorial
Supreme Court in the suit in equity
of L. L. McCandless VS.. George r..
Carter, Governor of the Territory of
Hawaii, and James w Pratt, Commits
sioner of Public Lands of the Terri
tory of Hawaii, is a final decision of
the highest court in this Territory
in a matter involving the construction
of a federal statute It is on this that
the right to the writ of error is based.
The Organic Act enacted the land
laws of the Republic of Hawaii as the
land laws of the Territory of Hawaii
and provided that they could be amend
ed only by Congress and not by the
legislature of Hawaii. This, it is
claimed, makes them federal statutes
and as such their construction is in
volved in the present case.
The bond fixed by Chief Justice
Frear was $1,000 and is signed by L.
L. MeCandless, Allan Herbert and P.
I'll. Burnette.
The assignment of errors is as fol
lows:
1. That the Supreme Court of the
Territory of Hawaii erred In not order
ing the injunction in this suit to be
continued in force as to the defendants
in-error, George r. Carter, Governor
Of the Territory of Hawaii; and in not
decreeing that the order of the First
Judge of the Circuit Court Of the First
Circuit, Territory of Hawaii, dissolv-
ing said injunction and dismissing the
bill in this suit as to the said Defend
ant-in-error, George r. Carter, be re-
versed and held for naught.
2. That the Supreme Court of the
Territory of Hawaii erred in reversing
the decree of the said First Judge, ap-s
pealed from, in sustaining the demur-.
rer of the observation-disclosures. Jas. W.
Pratt, Commissioner of Public Lands
of the Territory of Hawaii, to the bill
in this suit, and in dismfssing said bill.
g. That the Supreme Court of the
Territory of Hawaii erred in not de-
creeing that the pIaintiff-in-error be-
ing a property owner and taxpayer in
the Territory of Hawaii and a citizen
thereof, was entitled to the injunctions
prayed for in this suit because the
threatened acts of the defendants-in-
error sought to be enjoined, were UNI
lawful and without legal justification
or validity, whether he showed said
acts would result in pecuniary injury
to himself or not.
4. That the Supreme Court of the
Territory of Hawaii erred in reversing
the decision of the said Circuit Judge,
appealed from that the defendant-in-
error, Jas. W. Pratt, Commissioner of
Public Lands of the Territory of Ha-
wall, with the consent of the defend
George r. Carter, Gov
ernor of the Territory of Hawaii, had
not authority of law to exchange the
lands described in the bill in this suit.
In the manner set forth in said bill,
and to exchange said lands in the man.
ner set forth in said bill, said lands |
being leased as set forth in said bill: |
and that said Supreme Court of the |
Territory of Hawaii erred in deciding |
that the defendant in-error, Jas. w. |
Pratt, Commissioner of Public Lands |
.or the Territory of Hawaii, with the /
H., n @F--, Ia~z sy,
George r. Garter, Governor of the Ter
'itory Of Hawaii. had authority of law
o exchange said lands in parcels of
more than 1000 acres each in the man.
her set forth in said bill, and to ex-
,hange said lands in the manner set
orth in said bill, said lands being leas-
ID as set forth in said bill.
5. That when the Supreme Court of
he Territory of Hawaii was informed
W counsel for the defendants-in-error
hat the exchange of lands sought to
'e enjoined by the bill in this suit, and
njoined in this suit, had been made
t erred in not decreeing that the said
of lands should be cancelled
nd set aside and in not ordering the
conveyance of said lands SO ex-
hanged.
s. That the Supreme Court of the
'erritory of Hawaii erred in not grant
ag the motion of the plaintiff in -error
made on the 18th day Of February,
a07, to continue the injunction made
Y the Circuit Judge in this suit until
UGH time as the decision of the said
upreme Court of the Territory of Ha-
yaii, in this suit could be reviewed by
he Supreme Court of the United
tates; and that the said Supreme
curt of the Territory of Hawaii erred
/ not decreeing and ordering that the
aid injunction made by the Circuit
udge in this suit should continue IN
orce until such time as its decisions
erein could be reviewed by the Su-
RENE Court of the United States.
And the plaintiff-in-error further ;
ays: That the Supreme Court of the j
erritory of Hawaii is the highest
,urt of the Territory of Hawaii in |
hich a decision in said cause could be
ad: and that all the said errors In {
lie decisions of the said Supreme Court
; the Territory of Hawaii in said {
ause hereinbefore alleged, are