The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-08-14

LEX, HONOLuLU, AUGUST I
include the matter provided for in the
Specialize fact that the one is special
ana the other general creates a pre-
sumption that the special is to be con-
sidered as remaining an exception 10
the general, and the general will NOT
be understood as repeating the special.
unless repeal is expressly named or
unless the provisions of the general
are manifestly inconsistent with those
of the special Rodgers V. United
States, 1S5 U. 5. 50, SIS.
Implied repeats are not favored.
The implication must be necessary.
! There must be a positive repugnancy
between the provisions of the new
| laws and those of the old The lam
guage of the exception is special and
express: the words relied on as a re-
| peal are general and inconclusiva The
rule is. generalia specialibus deragant.
! The general principle to be applied. ;
! SAID Boville, G. j., in Thorpe V. Adams,
| L. X. c. P. 1S5, to the construction
of acts of Parliament is that a gen.
/ eral act is not to be construed to re-
/ peal a previous particular act unless
there is some express reference to the
/ previous legislation on the subject or
/ unless there is a necessary inconsis-
tency in the two acts standing to-
gether' And the reason is said
| Wood, V. c., in Fitzgerald V. Cham
penys, 30 L. r. N. S. Eq. 1872; Johns
! and Hem. Bias, that the legislature
having had its attention directed to
special subject, and having observed
all the circumstances of the case and
provided for them, does not intend by
a general enactment afterwards to de-
rogate from its own act when it makes
no special mention of it's intention so
to do" Elk Parte Crow Dog. 100 u
S. $50, SOL.
The objection to the application is
overruled.
ALIENATED HIS WIFE'S AFFEC-
TIONS.
The love, affection, comfort, society
and fellowship of Kan All Soong is
valued by her husband Ho Yum at the
sum of five thousand dollars, a part
of which is charged against the humil-
iation he has felt because his wife has
deserted his bed and board, weaned
away in her affection through the wiles
of Kan Fo Look, the mother-in-law,
and Chung Hee, her aunt.
The two are accordingly proceeded
against by the lonely husband and
damages asked in the sum of S5000
the complaint being filed yesterday by
Wade Warren. Thayer, his attorney.
The complaint alleges that for more
than a year after the wedding on May
10. 1904, the two lived together peace
fully and happily as husband and wife
should. Then the serpents entered
their Eden and the mother-in-laW and
aunt contrived together, wickedly and
unjustly, to deprive him of the affec-
ton, comfort, society, fellowship and
assistance of Kan All Soong, his wife.
Their contriving took the form of
maliciously whispering in his wife's
ear that the plaintiff was a worthless
fellow who could not earn money
enough to support her properly and
also by other insidious wiles prejudic-
ed the wife against him and poisoned j,
her mind, so that she did quit and /
leave her home and refuse to return. |
THE MIGUEL INJUNCTION.
T. NJ. Harrison, attorney for Jacin- |
tho Miguel, has filed a notice of mo-
ton to be presented to Judge De Bolt |
this afternoon asking that the demur-
rer heretofore interposed in the injunc-
ton proceedings against the Board of
License Commissioners be given a
hearing and disposed of.
In the same matter Harrison has
filed joinder to the demurrer, which
alleges and AYERS that the bill in
equity for injunction is good and suf-
fcient, both as to law, substance and
form.
DIVORCE APPLICATION
Because Tsune Aikawa was beaten
on the night of August 4 last with the
fists of her husband Kyusuke Aikawa
and on the evening of August with
the handle of a butcher knife, in adj
dition to the fists aforesaid, she prays
for a divorce, the application being
filed yesterday. In the petition she
states that she fears that her life is
in danger and that the matrimonial
bonds have no further attraction for
her.
The pair We're married in 1905 at Hi
10, but the libelant has continued to
earn her own living since, although the
husband has been of sufficient ability
to make a living for the two.
DIVORCES GRANTED. Il
Judge De Bolt yesterday granted
Louisa Keola a divorce from George
Keola. The marriage was of five
years standing and non-support is the
ground on which the dissolution of the
holy bonds is asked.
Another decree of divorce was sign Z
ed by Judge De Bolt, Kinoua Awana
being given her freedom from w.
Awana because of his failure to pro-
Tide the necessary maintenance.
Caroline Ava, deserted for more
than three years by John Ava, was
granted her petition for divorce and
IN the same ground Tomitaro Tama-
lie was granted her freedom from
Iono Tamanie.
ARGUMENT IN MANCHURIA CASE.
Argument in the salvage suit of the
Pacific Gable Company
|