The Hawaiian gazette., 1908-10-16
IS EDMUNDS
ACT IN FORCE I?
(From 1nursday,s Advertlser.,

(From thursdays Advertiser.)
1t is probable that decision in the
Blanche Martin case will be handed
down by the Supreme Court this morn.
ing. The case is a very important one,
and has attracted considerable atten.
tion.
The woman who gives her name to
the case was fined in the police court
under the Territorial statute against
adultery. Her appeal goes to the Su.
preme Court on the ground that the act
of Congress known as the Edmunds Act,
covering the same subject as the Terri
torial act, is exclusive in its operation
and that therefore the Territorial act
is imperative and void.
The Attorney Generals department
takes the position that the Edmund'
Act is not in force here, but was pass
ed to meet particular state of affairs
in the Territory of Utah.
/ The County Attorneys department
takes the ground that both laws are in
force here, and that the law under
which jurisdiction is first taken or un.
der which Judgment is first secured,
controls in the individual case.
The Captain Carter case, which in
volved question of Territorial VS.
Federal jurisdiction, was thought by
many to touch on the same grounds, and
the decision in that case was read will
much interest by lawyers to nee if il
that case the court had said anything
to indicate what its decision might bt
in the Blanche Martin case. So far as
anyone could discern, however, there
was not anything in that decision, the
court very carefully keeping away from
anything that might appear like com
mon principle in the two things.
The Pineapple Cases.
Deputy Attorney.General Whitney
has filed motion in the Supreme Court
asking that judgments be entered in
the seven pineapple cases in accordance
with the decision of the court rendered
in these cases some days ago. The mo.
tion will be presented Saturday morn
ing.
To Borrow Money.
In the matter of the estate of Alice
Kapuaa Siemsen, the administrator, Ed.
dion Siamcap hoe clad n oat;+;o, sot
ting out that the only Indebtedness of
the estate is the funeral expenses, the
cost of probate proceedings, and an at
torney's fee, amounting in all to about
1925. The personal property is not
enough to pay it, but it would be un.
reasonable to sell real property. to pay
it when the rents of the real property
will soon be sufficient to pay it, and the
lessee of some of the real property, +.
A. Schaefer and Co., are willing to ad.
vance the money and take as security
the future rents to become due. The
petition asks that the administrat ir
may be authorized to borrow this money.
An inventory of the estate is also fled,
showing the estate to be worth $500.
The Chandler Mandamus.
The mandamus proceedings of John
S. Chandler VS.. L. A. Mott Smith, Sec
rotary of the Territory of Hawaii, re.
served questions from the First Circuit
Court will be up for hearing this morn
ing at 10 o'clock, before the Supreme
Court.
Bill of Costs Filed.
In the suit of c. Bolte VS.. Irene Ii
Holloway, wherein verdict and judg.
ment for the defendant was rendered,
Mrs. Holloway has filed bill of costs
amounting to $52.s5, of which $44.35 is
statutory attorneys fee.
Jurors for Next Year.
The. Judges of the Circuit Court have
entered an order directing that the
drawings for the grand and trial Jurors
for the January term, 1909, shall take
place at clock, December IA, 1908,
in Judge Lindsay's courtroom.
Two Months on the Reef.
Emory Harris, the colored sailor from
the Iroquois, was yesterday sentenced
by Judge Robinson to two months i'm
prisonment for assault and battery.
He tried to stab woman in Iwilei
Illicit Selling.
X. Ammo, a japanese, was fined 800
and costs yesterday by Judge Robinson
for Illicit liquor selling. A japanese
woman KIM pleaded guilty to the same
offense but was released on suspended
sentence.