The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-09-26

Preparations are being made for the
October term of the United States Dis
tict Court which meets in October and
which viii probably be the largest in
number and Importance of cases held
for long time. The term begins Oct
ober IA, and the grand jury is summons
ed to meet at that time. About two
hundred witnesses will be summond to
testify before the. grand jury in the
numerous cases to come before it. The
petit jury is not summoned to appear
until November 4.
PAX CHEZ DECLARED INNOCENT.
The jury in Judge Lindsay's court
before which the case of PAX Chez
charged with assault and battery on
Look Lee last May near Loves Bak-
cry, brought in a verdict of not guilty
yesterday afternoon. They We're out
for about a half an hour.
The case attracted a good deal of
attention at the time as it was suppos-
ed to grow out of a threatened tong
war. The evidence was very conflict
ing, and it seems likely that the jury
arrived at the verdict it did because of
utter inability to decide what wit
nesses were telling the truth.
PUBLIC OR PRIVATE FISHERY?
The Attorney General has already
submitted his brief in the case in the
Supreme Court of the Kapiolani Es-
tate Ltd V. the Territory of Hawaii.
This case comes to the Supreme Court
on reserve. two questions reserved by
the Circuit Court of the First Circuit.
The first of these questions is whether
the First Circuit Court has jursdic-
ton, and the second whether what is
known as "Muliwai fishery comes
within the operation of the Organic
Act relating to fisheries. The fishery
in question is at the mouth but within
the limits of the Hanapepe river on
Kauai. While within the banks of the
river the tide rises and falls, through
out the whole length of the fishery,
the fish taken are sea fish, and the
fishery is not enclosed but is open to
the sea. The brief concludes thus:
I'VE therefore submit that fishery
where the only fish sought to be taken
are from the sea waters of the Terri
tory, a fishery not enclosed and open
to the sea, is such fishery as the
ed should be open to the people at
ownership"
rN1,
Attorney Whitney and is considered a
very strong argument
l.. L. M'CANDLESS INTERESTED.
In the case of the Oahu Railway &
Land Company V. James Armstrong,
l.. L. McCandless by his attorney, A.
CT. NJ. Robertson, yesterday filed mo-
ton to be allowed to intervene. He
claims that he has an interest in the
subject matter of the controversy and
has good defense against the claims
of the BILL
The trustees of the Lunalilo Home
have decided that it would not be safe
for them under the provisions of the
will to grant q right of way through
the Lunalilo Home grounds for the new
Tantaius slopes road. This makes it
necessary that the property be con-
demned. On the application of the SUI
perintendent of Public Works, Judge
De Bolt yesterday had drawn a list
of twenty-four from which he directed
the High Sheriff to draw six to con-
stitute jury 'sto visit and inspect the
locality and to decide upon the pro-
priety of the work or measure pro-
posed and to report thereon
The following are the six drawn: j.
F. Brown, Hugh H. Walker, c. H. Bel
lima, Joseph Mcqueen, r. C. Garter and
G. G. Fuller.
COURT NOTES.
Before Judge De Bolt yesterday the
case of Loo Den Kai, as treasurer of
the unincorporated burial society Man
Fook Tong, against Lum Shing was
the case having been settled
out of court.
A divorce was granted Laie Kauha
Rose from Benjamin Rose on the
ground of non-support.
An order was issued authorizing per-
sonal service by the Chief of Police of
in the divorce. proceedings of
Victorine S. Vierra V. Maria B. I.
vierra, in which the husband asks
for divorce on the ground of desertion
and asks for the custody of the three
children.
Judge De Bolt also entered an order
on George C. Myhre, to show cause
why he should not be required to pay
the expenses of his wife, Marion Myhre,
to come here to testify in her own be-
half and to pay her attorney fee and
$50 a month pendente lite. The order
is made returnable on Saturday. His
wife is suing him for divorce.
Advertising is the best business
bringer known to trade, the salesman