The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-03-03
AWNING GUTTER
ORDINANCE VOID
Woman Beaten Is Refused Any
Mitigati0n-Genera
Court News.

The Supreme Court has declared the
awning gutter ordinance of the Board
| of Supervisors to be null and void.
| Chief Justice Hartwell is author of the
| opinion, which was rendered yesterday,
vacating the judgment under which L.
L. McCandless and James Armstrong
| were fined $40 each and costs for VIC
lating the ordinance. The law is set
forth in the syllabus thus:
"Under legislative authority to regu-
late all local police, sanitary and other
regulations not in conflict with the gem
eral laws of the Territory, a county
has no power to prohibit by ordinance
an act already made penal by Terrific
rial statute.
"Ordinance 9 of the County of Oahu,
relating to cutters on awnings, is void
as conflicting with r. L. Sec. 959 COW
ering the same subject
The following statement of the limi-
tation on county enactments is found
in the opinion:
''Since county derives its authority
from the legislature it ought not to be
inferred, in the absence of clearly ex-
pressed terms, in the act under which
the county is organized, that the legis-
lature has delegated to counties the
power to legislate concerning their To-
cal affairs in such way as to supersede
territorial laws or render them unneces-
sary. In order to come within the
grant of legislative power given by the
county act to boards of county super
visors ordinances should be reasonably
required for the purpose of administer
ing the local police and sanitary affairs
of the county and this cannot be said
of an ordinance, like that in question,
made for purpose fully provided for
by the laws of the Territory. It is
not enough that ordinances regulating
local police and sanitary matters shall
not be in conflict with the general laws.
If they undertake to penalize acts al
ready made penal bv territorial law
they should be authorized expressly or
by necessary implication.
w. L. Whitney, Deputy Attorney
General, represented the Territory and
A. G. M. Robertson the defendants.
NO MITIGATION.
Charles Lake appeared in person be-
fore Judge Lindsay on appeal from
District Magistrate Andrade for miti-
CATION of sentence He made a speech
and J. L. Kaulukou also pleaded for
him. The court saw no mitigating feat
ures in the case and affirmed the SEN
tence, which was four months impris-
onmen and payment of costs. Lake s
offense was assault and battery upon
Mrs. Kalapuna Williams.
THE GRAY DIVORCE.
La Vancha M. Gray, in her libel for
divorce against Charles B. Gray, alleges
that for more than five years he has
utterly neglected and refused to sup
port her and she has been forced to
support herself by keeping boarding
house. Further she says that defendant
is the manager of hapaa Wine Co.,
Kealia, Kauai, and receives an income
of $3.50 a month.
MOTLEY WILL CASE.
Chas. K. Motley is taking steps to
have his father s will again brought
before the Federal Supreme Court. NJ. |
f. Prosser yesterday filed an application !
for a writ of error.
SUPREME COURT.
The Territory's ejectment cases
against Puahi ct al. and Kapiolani |
Estate, Ltd, raising the question of the |
status of the former crown lands, were |
argued and submitted before the Su- |
preme Court yesterday.
j. f. Colburn, trustee, V. Holt eft al, |
and A. NJ. Brown V. Lee Chuck and 81 /
Others, were submitted on briefs.
COURT ITEMS.
Judge Lindsay confirmed the findings |
of John Mareallino, master, on the an |
nual account of Bruce Cartwright, |
trustee of the estate of Emma Kalele- |
onalani, deceased, and approved the ac-
count as amended
Kamaka has appealed from District /
Aikue of Koolaupoko, who |
sentenced him to four months impris- |
onment for malicious injury.
The action to quiet title of Alexander |
Young V. L. w. Mactarlane and others !
has been continued. A settlement is ,
pending.
Charles f. Peterson has discontinued !
his suit against Kalai Athena and /
others.
The Lee Sa Kee case is still on before
U. S. Judge Dole.
The Territory is going to appeal from
Judge Parsons to the Supreme Court in |
the Hapai homestead case.