The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-07-02
COURT DECIDES THES
LAHiINALUNk CASE

AniillllsHLUlBH UnuL
The Supreme Court yesterday decid-
| ed the famous L4ahainaluna case. The
/ opinion of the court IS published In
another part Of this issue. 1t is an
exceedingly long one greatly padded
| with quotations from old letters and
reports.
| L4ahainaluna was established by the
missionaries, and by the American
/ Board in 1849 transferred To the Ha-
waiian government on certain eondi-
tions. The plaintiffs in this case claim
/ ing to be the successors to the rights
/ of the American Board in this matter
/ sue for the recovery of the property
| or the stipulated damages of $4,000.
The Supreme Court holds that the con-
ditions OF the transfer as TO the teach
| ing of religious doctrines has not been
| broken, and further that If it had, any
rights the American Board might en-
/ Joy have not accrued TO these plain
lifts. The plaintiffs are f. ]. Lowrey,
George p Castle and w. O. Smith.
AN APPEAL DENIED.
On the appeal of Maya and seyo
convicted of an assault with a deadly
weapon, the Supreme Court yesterday
held that the failure of the stenograph-
er to transcribe and file his notes of
the charge of the Judge to the jury
gave no right to new trial.
STAMP DUTIES.
In the appeal of the Robert Love
Estate Ltd, from the ruling of the
Treasurer as to the amount of stamp
duties 10 be placed on the deeds filed
by the company, the Supreme Court
yesterday sustained the ruling of the
Treasurer.
The contention of the Robert Love
Estate was that as the heirs of Robert
JsSe simply decided the property from
themselves as individuals to them
selves as a corporation there had been
no real transfer of the property, and
that hence stamps IN proportion to the
value of the property conveyed were
not required. The court held other
wise.
ADJUDICATED- BANKRUPTS.
Goo Chan and otto Gertz were yes
terday adjuaicated bankrupts by Judge
Dole. Goo Chan gives his liabilities as
S325.32 and his assets as nothing. GertZ
gives his liabilities at s3327 and his
assets as $1,000 including a policy of
life insurance with the Independent
Order of Foresters for $1,000.
INVENTORY FILED.
An inventory of the estate of the
late Annie L. Roe was filed yesterday.
The personal estate is given at $179 be-
sides judgment against the estate of
the late Henry Hogan for S245.72, from
which an appeal has been taken.
DIVORCE LIBEL
J. NJ. Viyas has filed a libel for di- |
yorce against his wife Mary d. Vivas |
He alleges that she refused to go with /
him when he left Honolulu and went !
to Waikiki to live. She has been liv-
ing in Oakland since 1904 with their |
children. He alleges that he has con- |
tributed to the support of the children |
as his means afforded. Mrs. Vivas it I
is said lately returned to Honolulu. I
TONY AFoNGs SUIT.
A discontinuance was filed yesterday |
in the suit of Tony G. Along against /
the Hawaii Land Company. The suit /
was for arrears Of rent on the property /
at the corner of King and Maunakea
under lease for twenty
years from October /, 1901. Along de-
scribes himself as a resident of the
British Colony of Hongkong. The suit
is discontinued because the rent has
been paid.
TEMPORARY ADMINISTRATOR.
Trmina Machado was yesterday APP
pointed temporary administrator of the
estate of the late Manuel Machado.
COURT NOTES.
The trial of John Marks charged
with stealing cattle continued before
Judge Robinson and jury yesterday.
Most of the testimony has now been
put in. 1t is expected that the case
will go to the jury this forenoon.
The Along case proceeded before
Judge Lindsay yesterday. Henry
Along and his wife were the principal
witnesses on the stand. They We're
put on in behalf of the plaintiff.
Judge Dole will take up the accounts
Of the clerk of his court for the past
half year. for approval this morning.
The Federal grand jury was in ses-
sion all day yesterday. 1t has as yet
no indictments.
Judge Dole is at work on the Man
,huria case. This is the proceeding
wherein the Cableship Restorer sued
'or salvage.