The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-06-30
HOMESTEADERS
AND ROAD RIGHTS
An interesting Case From Maui
Comes to the Supreme
Court.

TIE record on appeal to the Suprer 2
Court of the Territory, from the Cif-
cult Cour or Maui, in the case of Frank
Robello against the County OF NJayi,
was fled yesterday in the Supreme
| Court The case is rather an interest
ing one from the questions raised in it..
The plaintiff, Robello, is homesteader
in the Omaopio homesteads. Kula, Maui.
An old road ran through the homesteads,
| but in laying out the homesteads the
Territory of Hawaii provided for the
abandonment of this old road and the
opening up of a new one, but with the
rather loose understanding that the old
road was not to be closed up for sew
eral months to give the county time
to improve the new road. After about
two years the plaintiff, one of the home
steaders, holding under right -of-pur-
chase lease, fenced up the old road on
his lot and opened up the new road.
The board of Supervisors ordered the
road supervisor for the Makawao dis
trict to tear down the fences and open
up the old road again. This he did,.
and the plaintiff brought suit to enjoin
the county from further interfering
with his fences.
Judge Kepoikai decided that the
Territory had the right to determine
where the roads should be, and having
surveyed the new road and declared it
a public highway, it was not within the
power of the county to change the To-
cation, and enjoined the county.
The county has appealed.
The case is before the Supreme Court
on another branch of it, an appeal from
an order of Judge Kepoikai requiring
the county to pay costs.
DISTRIBUTION OF ESTATE
An order of final distribution was
made in the estate of the late Gardner
K. Wilder yesterday by Judge Lind
say. The administrator, William c.
Wilder filed receipts from the heirs at
law for their respective shares, and was
discharged by the court. The heirs are
the mother and the widow of the de-
ceased, Eliza Scott Wilder and Ger
trude L. b. Wilder. The remainder of
the estate distributed at this time was
$199.S4 in cash and 100 shares of Eva
and 100 shares of Oahu to each.
COUNTY CLERK SUED.
Jr., is charged with cruelty, violence
and profane language toward his wife,
Sarah X. Kalauokalani. in a bill for di-
vorce filed last Friday in the Circuit
Court.
She charges that he has been brutal
and profane to her at many times since
they were married in October, 1900,
but for the sake of domestic harmony
CHI oon1opol until lima
Qast Thursday, when he made a vio-
lent, severe and serious physical attack
upon her and assaulted. struck, beat and
bruised her by grabbing and holding
her by the hair with one hand while he
struck her about the face and black
ened her eyes with the other swearing
at her in the meanwhile.
Judge Lindsay has made an order re-
quiring the libelant to show cause this
morning at 10 o. clock why he should
not pay temporary alimony pending the
suit.
THE SPALDING ESTATE.
Judge Lindsay yesterday appointed
Edward L. Spalding administrator of the
estate of his late uncle George III.
Spalding. The estate consists of 1882 %
in bank and property on the south side
of Nuuanu street near Beretania, val
ued at $4,000. The heirs in law are Ed
ward II. Spalding of Danvers, Mass;
Elizabeth Spalding, Isabel Spalding and
Grace Spalding, nieces, of Brookline,
Mass; Richard w. Spalding, of Brook
line, and E. /. Spalding of Honolulu,
nephews.
PETITION FOR LETTERS.
Irmina Machado, widow of Manuel
Machado, who died May 3, 1908, yester
day petitioned Judge Lindsay for let
tiers of administration of the estate, and
also for the guardianship of five minor
children, the eldest eight years and the
youngest five weeks. The estate is
valued at about $1,000.
TIME EXTENDED.
In the appeal of Levers & Cooke,
Ltd, in the matter of the application
of Levers & Cooke for a registered title
TO land it has been stipulated that the
time for filing the record in the SUI
preme Court of the Territory may be
extended to August 10, this year.
DOVER ADMEASURED.
In the proceeding brought by Anna
of dover, Judge Lindsay yesterday en-
tered a decree authorizing A. Kaleikau,
as guardian of the minor heirs, to sell
a part of the property for not less than