The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-01-10

| THROWN DOWN
JUdge ne Bolt has set aside both tire
Submission and the award Of the arSi.
traitors in the matter ~ arbitration
between Koaa development, Company,
Ltd. and f. 4, McS,oekec. ~ one part,
and NJ, r, SCOTT. OF the other part.
This Judgment is in compliance with
SCOTS motion to vaoate the submission
and award on the following grounds:
/ Because the submission is contrary
70 chapter lss. laws OF 1915. in pro-
vid,ns for an appeal on points 81 law
only, or bin % exceptions. - the SUI
preme Court rom the Judgment or
judgments 20 he entered under the
award; and because the award was
noS made in writing and a copy de-
llivered to each 81 the parties on or
before August 81. 1897, as provided in
the submission.
/ II is shown that the submission is
/ contrary % that 1895 statute. which
says regarding arbitration that any
party deeming himself Sggrievei by
the decision ~ the judge before whom
I motion Is made for Judgment upon the
award may take an appeal 20 the SUI
I p-sme Court within five days after
such decision, Holding that this por-
ton 81 the agreement IS incapable OF
being carried out. Judge De Bolt says:
To hold that the parties must now
adopt the statutory mode Of review
would not only deprive them OF the
method Of review which they have
agreed upon. and which may have
been the main consideration for their
entering into the agreement. but It
would De making & new contract for
them. which the court has no power
% 90. II the statutory method % re
view had been broggh; 70 their atten-
: ton. o. had been pointed out as the
only method Of review. they might
have declined % submit their differ
enceS 70 arhi;ratorS.-'
With regard % the second sround
Of objection the law is quoted which
prsScribes that no award made After
the agreed time shall be held 70 bind
the parties unless by their mutual con-
sent before the court" The agreement
in this case was for August 81. but the
SwSrd was not made until October :.
1877. Il appears that after the matter
had been submitted 20 the arbitrator.
the parties orally stipulated 10 amend
2 -, 49,,
might De fled before Sept. II.
In sustaining the second ground OF
objection Judge De Bolt says:
1t is the universal rule that in q
statutory arbitration the provisions OF
the statute must be complied with
strictly. in order that a court may be
authorized % enter Judgment on the
award
This strict rule Of statutory con-
SCrUcrio1 and the requirement Of a
rigid compliance with the statute
should not be confused with the liberal
rule Of construction IS applied 70 the
agreement OF submission 70 arbiJrats.
These rules are consistent and both
are essential 70 meet the ends Of jus
tee
He says the doctrine Of waiver can
have 10 application in matters OF
jurisdiction such SIS are involved in
the questions before the court
DIVORCES GRANTED.
DscreeS OF divorce were signed by
Judge De Bolt yesterday 10 Lshapa /
ErrsSJbsrs against Joseph Ernestberg
for h2bitu2l drunkenness. the custody /.
% the minor children being awarded /
70 tie wife, and 70 Annie A Nahaole-
lu2 against Charles Kfa NahaoIeIua 4
FOR failure 70 provide suitable main 4
te1snce. the wife receiving custody Of 4
the minor children
Chung See was granted & divorce
against Choir son Kun for extreme
cruelty and failure 70 provide The
parties are KOREANS who were mar
ned il their native country.
DIVORCES WANTED.
Lioi KeliIkui suss her husband Ke-
-iikui for divorce They were married
az LLhUs rSe1ty-eight years ago next
Nay DsSsr1iOl since 1857 Is charged,
also non-supporr for more than three
years Libslalt says she Is very poor-
NscSu1i ArlnitSu seeks divorce from
-uSa ArinicSu. charging his deSerIion
y her ever since Nay u. 1855 They
we're married II Japan OF December
y. 1850 II
FEDERAL SENTENCES h
Three sentences under The Edmunds
ACT were imposed by L : Judge Dole
yesterday
George kskzuOha was sentenced ID
HE months II prison and KeIshua % !
-our months. Gusts additional II each
,ass- for adultery The man IS al
-eaiy Saving tine under = previous
.o1vicrioa this term for TIE same
l1e1ss
Pedro Ro5rigues. Who pIsaSe5 guilty
y Monday. vas sentenced % SIX
imprisonment. with 800 fne
nj casts. for unlawful c0habitzti0n-
COURT ITEMS.
Ten days mora sre allowed = J.
campbell Treasurer Of Hawaii 70 {
Had 70 the complaint Of First amer I
csn Savings and Trust Co
Judge Weaver yesterday zfteruooa I
-o1ciu5e5 ths hearing Of Frai- WIN {
snbs-gs petition for q registered title
Q land Petitioner vent OF the stand |
, rsb1rtzL At o'cI0ck srEns7tt
szZ The contest = over f<hponf ]
: E1s premises