The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-09
ARBITRATION IS
THROWN DOWN
Law Not Having Been Followed
One Party Has Award
Set Aside.

Judge De Bolt has set aside both the
! submission and the award of the arbi-
? traitors in the matter of arbitration
between Kona Development Company,
Ltd, and F. B. McStocker, of one part,
and NJ. F. Scott, of the other part.
This Judgment is in compliance with
| Seott's motion to vacate the submission
? and award on the following grounds:
Because the submission is contrary
to chapter 142, laws of 1905, in pro-
; viding for an appeal on points of law
Ibnly, or bill of exceptions, to the Su-
!; judgments to be entered under the
award; and because the award was
not made in writing and a copy de-
ilivered to each of the parties on or
before August 81, 1907, as provided in
the submission.
1t is shown that the submission is
contrary to that 1905 statute, which
says regarding arbitration that any
party deeming himself aggrieved by
the decision of the judge before whom
motion is made for judgment upon the
award may take an appeal to the su-
preme Court within five days after
such decision. Holding that this por-
ton of the agreement is incapable Of
being carried out, Judge De Bolt says:
ITO 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 be making a new contract for
them, which the court has no power
to do. If the statutory method of re-
view had been brought to their atten-
ton, or had been pointed out as the
only method of review, they might
have declined to submit their differ
ences to arbitrators."
| With regard to the second ground
of objection the law is quoted which
prescribes that no award made after
the agreed time shall be held to bind
the parties unless by their mutual con-
sent before the court" The agreement
4
award was not made until October Z,
1907. 1t appears that, after the matter
had been submitted to the arbitrator.
the parties orally stipulated to amend
the original submission so that briefs
might be, filed before Sept. IL.
| In sustaining the second ground of
objection Judge De Bolt says:
1T is the universal rule that in
statutory arbitration the provisions of
| the statute must be complied with
] strictly, in order that a court may be
authorized to enter judgment on the
award.
This strict rule of statutory con-
struction and the requirement of
| rigid compliance with the statute
should not be confused with the liberal
rule of construction as applied to the
agreement of submission to arbitrate.
| These rules are consistent and both
are essential to meet the ends of jus
| tice.''
He says the doctrine of waiver can
have no application in matters of
| Jurisdiction such as are involved in
the questions before the court.
DIVORCES GRANTED.
DEGREES of divorce were signed by.
Ernestberg against Joseph Ernestberg
| for habitual drunkenness, the custody
of the minor children being awarded
to the wife, and to Annie A. Nahaole-
| lua against Charles Kia Nahaolelua
| for failure to provide suitable main
tenance, the wife receiving custody of
the minor children.
Chung See was granted a divorce
against Choir Soon Kun for extreme
cruelty and failure to provide. The
parties are Koreans who were mar
ried in their native country.
DIVORCES WANTED.
Lioi Keliikui sues her husband Ke-
liikui for divorce. They were married
at Lihue twenty-eight years ago next
May. Desertion since 1897 is charged,
also non-support for more than three
years. Libelant says she is very poor.
Matsuji Arimitsu seeks divorce from
tFusa Arimitsu, charging his desertion
of her ever since May 10, 1895. They
were married in Japan on December
I90, 1890
FEDERAL SENTENCES,
Three sentences under the Edmunds
Act were imposed by u. S. Judge Dole
yesterday.
George Kekauoha was sentenced to
nine months in prison and Kelehua to
four months, costs additional in each
case, for adultery. The man is al
ready serving time under a previous
conviction this term for the same
offense
Pedro Rodrigues, who pleaded guilty
on Monday, was sentenced to six
months imprisonment, with 800 fine
and costs, for unlawful cohabitation.
COURT ITEMS.
Ten days more are allowed A. J.
Campbell, Treasurer of Hawaii, to
plead to the complaint of First Amer |
lean Savings and Trust Co.
Judge Weaver yesterday afternoon |
concluded the hearing of Fred. Wun- !
denberg's petition for a registered title
TO land. Petitioner went on the stand !
in rebuttal. At 4 o'clock argument /
began. The contest is over a fishpond /
in the premises.
Judge Dole adjudicated J. S. Martin !
a voluntary bankrupt.