The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-09-01
K|NGSBURY As \
PLUMEO KN|GA

| WI
The Municipal Act case was argue3
and submitted befsfe the suprenA
Court yesterday. Judge S. b. King ra
bury was present and asked to be a esi'
lowed to appear as amicus curiae, as hSd'
felt that both the petitioner and re- ~
spondents of record were much of thelt
same opinion in the matter, that is that
both were DESTROYS of having the act
knocked out.
1t was at first agreed to submit the
matter on briefs, but a few questions
by the court started argument which
lasted nearly the whole forenoon.
Judge Edings addressed himself partic-
ularly to the two points of the differ.
ence in qualification of voters required
under the Act and under the Organic
Act, and of the inhibition of act of
Congress against the creation of cor
porations having exclusive privileges by
special act of the legislature.
Deputy County Attorney Milverton,
who appeared for the respondents, the
Board of Supervisors, admitted that
| there was a difference in the qualifi-
cations required by the two acts, but
held that this provision in the NUM-
| eipal act could be stricken out without
impairing the purpose or the act. In
other words, he held that if this pro.
vision were ignored the act would still
be workable As to the inhibition
against creating corporations with ex-
elusive powers, he held that this did
not apply to public or quasi publicTs9-z
poratons such as public service ie III
porations. a fRt'
Judge Kingsbury, as amicus cbyk
argued that a private individual Had
not maintain mandamus proceedin9bh
a public matter where his moneR
interests were not involved. He agMpV
with Milverton that the act waSn Il
workable act after the rejection of tEts
voting qualification it preserved. Rha
hargued that the act of Congress Ina
Fhibiting the legislature from creatinN
corporations with special exclusive privhn
liges by special act, did not apply iNbl
| this case. m
The Court took the matter under ad 3
! visement.
Jury Commissioners Reappointed.
The Judges of the Circuit Court yes-v
terdav reappointed Gilbert j. Waller
and James L. Mclean jury commission.
ers for the Circuit Court for the term
of one year from December |. Both
qualified by taking the oath required
by law.
Appraisers Report.
Frank Pahia, Henry Cobb Adams and
John Bell, appraisers to value the es-
tate of the late Jose Silva, have fled
their inventory and apprasement. The
property consists of a homestead. rice
lands and personal property, in all val
ued at $3.50. The appraisers waive ALI
compensation for services.
Attachment Suit Brought.
Y. Takakuwa has brought attachment
suit against Y. Abe, doing business as
{. Katagihara Shoten. The claim is for
| $2l42.9l for goods, wares and merchan.
disc sold. Attachment was asked Tor
on the ground that the defendant con-
ceals himself so that ordinary process
cannot be served on him. An attach
ment bond in the sum of $4,000 was
given to High Sheriff Henry who then
attached large amount of merchan7
disc. .s
Guardians Appeal. &
| Both Kanohokula Enos, guardian Of y
| Leon Sterling, and Raymond Reyes,
guardian of David Callihan, have appeal
ed to the Supreme Court of the Tern
tory from the DEGREES of Judge De Bolt
in their respective cases. In both these
cases Judge De Bolt severely cHnsured
the guardians and surcharged number
of items on their accounts.
Exceptions by County Attorney
In the suit of Caroline Vieira Vs..
Waialua Agricultural Company, County
Attorney J. w. Cathcart and Deputy
County Attorney Fred. w. Milverton
have filed exceptions to the order of
Judge De Bolt sustaining the demurrer
of the plaintiffs to the plea in bar of
the defendant.
Empaneled Elsewhere.
Deputy Sheriff Jarrett made return
of service yesterday for the panel of
additional grand jurors for the balance
of the January term. These were
drawn August Is. Those served were
Norman E. Gedge William l.. Hopper,
: John @. Evans, Byron o. Clark, John
J w. Smithies, Henry Brewster Mariner,
Rudolph l.. Auerbach Charles L. Wight,
, Edmund Stiles, Albert Waterhouse,
/ George w. Farr, Charles s. Weight and
, Morley Philip. Archibald M. Turner was
) not seen as he died at the Leah Home
Nov. II, 1907.
In the Divorce Court.
Jose Correia has begun suit for di-
vorce against Caroline Almeida, Cor
reia for desertion.
Senmatsu Nishiki has begun suit for
divorce against Masa Nishiki on the
ground of desertion.
Samuel X. Kaahu, Jr., has begun suit
for divorce against Lolita Moa Kaahu
ON the ground of desertion.
The divorce suit of Nora McGuire VS..
: James L. Mcclure, has been set for
Y hearing on Wednesday.
Jury Called by De Bolt.
: A jury has been called for Judge De
Bolts court for this morning and the
trial of jury cases will be taken up at
. once.
d MApTrRONA TANNING