The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-03-10

bench, acting under the powers con
ferred upon them by the will of Der.
nice Pauahi Bishop, yesterday ap-
! pointed Albert F. Judd a trustee of the
Bishop Estate in place Of Alfred w
Carter, resigned. According to the
terms of the will the trustees so ap-
pointed must be persons of the
Protestant religion. The resignation
of A. w. Carter, a copy of which is on
file, is addressed to his four co-trus-
tees and states in part:
Il regret that circumstances have
made it impossible. for me to continue
as co-trustee. No man could be con-
nected with this estate without be-
coming greatly interested in the work
it is doing. / desire in severing my
connection as trustee. to thank each
of you for the courtesy, confidence and
kindness which I have received al
your hands"
PRIME VERSUS PRIME.
Things stirred along the astral plane
in Judge Lindsay's court yesterday
morning, when Mary D. Prime was
granted a divorce from Thomas Prime,
the theosophist leader and lecturer.
who is now travelling somewhere on
the mainland. There was no opposi-
ton to the granting of the separation
terrestrially the libelee not being rep
resented in any way.
The papers in this action were filed
on February IS, the grounds alleged
being that for more than two years
last past the nbelee has not provided
a suitable maintenance for the libel
ant and for said period has not con-
trfbuted anything whatever towards
her support, although having the abil-
ity so to do"
On February % the libelee filed his
answer, admitting leach and every al
legation" and praying for the judg-
ment of the court.
TWO OTHER DIVORCES GRANTED
Two of the marriages solemnized by
Gilbert j. Waller We're dissolved in
the divorce court yesterday morning.
Carrie Hebron being granted her mat
rimonial freedom from Robert Hebron
of Lihue, Kauai, for failure to pro-
vide, and J. G.. NJ. Sheldon being d.
vorced from Amulu Sheldon. Judge
Lindsay united the knot in the first
case, and Judge De Bolt in the second.
HABEAS CORPUS PETITION DE-
MED.
The written judgment of Judge
Lindsay in the habeas corpus proceed
ing brought on behalf of Funakoshi
Tatsugoro by George A. Davis. and
opposed by Deputy Attorney General
Whitney and Deputy County Attorney
Milverton, and argued in chambers on
the 3rd inst, was filed yesterday. The
judgment denies the petition for the
discharge of the prisoner and re-
mands him back into the custody of
the High Sheriff to serve out the re-
mainder of his sentence.
SHOW LICENSE CASE ARGUED.
The case of Stuart TAFT versus A. J.
Campbell, Treasurer of the Territory,
was argued yesterday morning before
the Supreme Court and submitted. E.
C. Peters appeared for the appellee,
and E. w. Sutton represented the de-
PENDANT.
a day license demanded by the Treas
urer of the proprietors of the Empire
theater, the moving picture show on
the corner of Bethel and Hotel streets,
which was taken to the Supreme Court
on appeal from the District Court, and
on the result of which depends the
large amount of licenses paid into the
treasury by the three nickelodeums
now running. The arguments submit
ted by the plaintiffs attorney were
the same as presented in the lower
court, that a series of moving pictures
thrown on a screen and
q series of musical selections played
by a mechanical instrument do not
constitute an exhibition within the
meaning of the law.
The proprietor of the Princess the !
alter filed a suit in the District Court !
last week to protect the money he has
paid in under protest as license fees, |!
the case going over to await the de- !,
cision of the Supreme Court in the
TAFT suit. !
RATE CASE CONTINUED. /
A continuation was ordered in the !.
case of c. Holloway, Superintendent of |
Public Works, versus Cecil Brown, be- {
'ore the Supreme Court yesterday. The
was on a point raised by
he court itself as to the manner in /
which the defendant had been sued in !
he original action, something that /
neither the attorneys for the defend
INT nor the representatives of the At
orney Generals Department We're
prepared to answer off hand.
The case is a test suit brought to
determine the right of the Territory
o collect sewer rates at the time or
o enter into a binding contract with
as to the imposition of
such rates.
The hearing of the case will be re-
sumed on Monday next.
COURT NOTES.
Chu Gem has commenced an as
'umpsit action against Chong Sing,
Hang Lung Kee Company and Wee
Shing for the recovery of the face
'alue of two promissory notes, one OF
433, dated June Is, 1903, drawn on de-
nand. and the other, also a demand
tote Of same date, for s672.15.
A garnishee summons has been filed
Lgainst NJ. Y. Branco, connected with
he Lihue Plantation Company, for
rlnnaiJ baT1naa