The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-06-02
THE GaRN|SHEE
LAW SUSTAINED
CFrom Saturdays Advertiser)

(From Saturdays Advertised
The SURE Court yesterday reDder-
ed decision OF the very greatest in
terest l. connection with garnishee
process AID proceedings TO collect
roney. TEe ease was that Of Jonathan
Shaw vs. William :. BOYD, defendant,
and Waiaiua Agricultural Company,
yarnishee Shaw sued BOYD before the
district magistrate OF Waialua for s75
for the use and occupation OF land
which the defendant had promised 10
paw. The Walsiua Agricultural Com
pany was summoned as garnishee, the
summons besides being IN the usual
printed form also calling on the gar
nishee TO make answer whether de-
fendanf receives a regular salary or
wages from gaEnishee
The defendant was defaulted, but the
garnishee answered that the defendant
was In receipt Of salary Of s100 a
month but Was indebted 70 It IN the
sum Of SlO9.s0, under general written
agreement authorizing the plantation
to WITHHOLD enough OF his salary 70 pay
has store account.
The district magistrate gave judg-
~ment for the plaintiff and entered the
following order: ''The garnishee is
hereby ordered TO Withhold p per cent
Of defendant 5 salary (monthly) until
the amount Of Judgment is fully salts
fed -
The plantation company appealed
from this decision The plaintiff main
tanned that II would be unlawful for the
garnishee 10 deduct or set of the de-
feudant : store account against his
wages. and that therefore the whole of
the defendant 5 wages due at the time
Of service Of process Is subject TO gar
nishment.
The Supreme Court holds that this is
not good law
The plantation company. the appel
liant, claims that the garnishment law
Is unconstitutional as interfering with
the right OF private contract. The Opin-
ION BY Associate Justice Ballou dis
eusses this phase Of II verv clearly and
holds that the law is constitutional so
far as it attempts to apply twenty-five
per cent OF salaries due after Judgment
TO the satisfaction Of Ihe Judgment, say
ing: fThe right OF private contract is
not interfered with by legal process di-
reeted against property which may be
the subject Of eontraet."
The order appealed from is affirmed. !
Lyle A Diekey appeared for the plain
tiff and D. L. WithiIgton and ". A
Greenwen for the garnishee.
DUvAUCHELLE PLEADS NOT
GUILTY.
Eugene DuvaucheIle yesterday ap-
peared before Judge Robinson and /
pleaded not guilty. Frank Thompson
withdrew as his attorney, and on mo-
ton Of Deputy Attorney Larnach the /
case was set for hearing June %, that
date being fixed 70 give him time 70
secure a lawyer.
KOREAN NOT GUILTY.
A Korean charged with assault and
battery, was found not guilty by Judge
Robinson yesterday
A LONG DEPOSITION
a deposition by J. J. Dunno, taken /
before s K. Derby in san Francisco, |
in the suit Of Carrie B. Riggs and |
Bessie K Burns against Julia F.
Along and others. was received by the 1
Alameda yesterday. The deposition is 1
nearly $4,000 words long and seems TO
be Dunne's complete account Of the
Along litigation
BILL OF COSTS ALLOWED.
Judge De Bolt yesterday allowed |
plaintiffs bill of costs in the suit Of
Bierce against William and Albert Wa
terhouse for SS1-45. The motion for
Judgment and allowance OF costs for
the defendant Hutchins in this case
was denied