The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-09-01
KINGSBURY AS
PLUMEO KNIGHT
Enters the Lists in Behalf of
the City and County
Act.

The Municipal Act case was argue
and submitted before the Suprem
Court yesterday. Judge s. B. Kings
bury was present and asked 70 be a
llowed to appear as amieus euriae, as h
felt that both the petitioner and re
spondents of record were much of til
same opinion in the matter, that is tina
/ both were DESTROYS of having the ac
| knocked out.
1t was at first agreed to submit tn
matter on briefs, but few question
| by the court started argument whicl
| 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
cations required by the two acts, but
neIu GudJ luIS DION ISlOU III tUt IuulL
cipal 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-public cor
poratiOns such as public service cor
porations.
Judge Kingsbury, as amicus curiae,
argued that private individual could
not maintain mandamus proceedings in
a public matter where his monetary
were not involved. He agreed
with Milverton that the act was a
workable act after the rejection of the
voting qualification it preserved. He
argued that the act of Congress in
hibiting the legislature from creating
with special exclusive priv
iliges by special act, did not apply in
this case.
The Court took the matter under ad-
visement.
Jury Commissioners Reappointed.
The Judges of the Circuit Court yes
terday reappointed Gilbert J. Waller
and James L. Mclean jury commission,
ers for the Circuit Court for the term
of one year from December l. Both
qualified by taking the oath required
by law.
Registered Title Given.
In the Court of Land Registration,
Judge Weaver has granted a registered
title to the Board of the Hawaiian
Association to property at
the corner Of Church and Vineyard
streets, Wailuku.
Appraisers Report.
Frank Pahia, Henry Cobb Adams and
John Bell, appraisers to value the es-
tate of the late Jose Silva, have fled
heir inventory and appraisement. The
consists of a homestead, rice
lands and personal property, in all val
led at $3.50. The appraisers waive all
for services.
Attachment Suit Brought.
Y. Takakuwa has brought attachment
'uit against Y. Abe, doing business as
Shoten. The claim is for
s2142.91 for goods, wares and merchan.
lise sold. Attachment was asked Tor
IN the ground that the defendant con-
.eals himself so that ordinary process
cannot be served on him. An attach
nent bond in the sum of $4,000 was
given to High Sheriff Henry who then
attached a large amount of merchan-
1ise
Guardians Appeal.
Both Kanohokula Enos, guardian of
Leon Sterling, and Raymond Reyes,
guardian of David Callihan! have appeal
I'd to the Supreme Court of the Terri
.ory from the DEGREES of Judge De Bolt
n their respective cases. In both these
eases Judge De Bolt severely censured
he guardians and surcharged a number
IF 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 fled exceptions to the order of
Judge De Bolt sustaining the demurrer
IF 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 10. Those served were
Norman Z. Gedge, William L. Hopper,
John G. Evans, Byron 0. Clark, John
W. Smithies, Henry Brewster Mariner,
Rudolph l.. Auerbach. Charles L. Wight,
Edmund Stiles, Albert Waterhouse,
George w. FAIR, Charles S. Weight and
Morley Philip. Archibald NJ 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-
Foree against Caroline Almeida Cor
'eia for desertion.
Senmatsu Nishiki has begun suit for
divorce against Masa Nishiki on the
ground of desertion.
Samuel X. Kaahu, j., has begun suit
'or divorce against Lolita Moa Kaahu
IN the ground of desertion.
The divorce suit of Nora Mcclure vs..
James l. Mcclure, has been set for
rearing on Wednesday.
Jury Called by De Bolt.
A jury has beer called for Judge De
Bolt s court for this morning and the
rial of jury eases will be taken up at
,nce.