The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-02-04
IN WASHINGTON
AND HONOLULU
Famous Case Pending-lncom
Tax Judgments Korean
Translator.

Translator.
Attorneys in the celebrated Bierce-
Hutchins case were questioned in the
Supreme Court yesterday morning as
to whether they had heard anything
about an alternative writ of manda-
mus having been issued by the L. S.
Supreme Court. A. G. M. Robertson
for the plaintiff had heard nothing
definite. D. L. Wilmington for the de-
PENDANT had received a letter from a
Mr.. Brown, indicating that the matter
was to have come up on the 2sth of
January. Nothing had been done ex-
cepting that leave was granted to
plaintiff to file an application for a.
writ Mr.. Wilmington had also receiv-
ed-a cablegram, the contents of which
he repeated from memory.
A petition by the defendant for a.
rehearing is pending in this court, its
latest decision in the case, Dec. 20 last,
having overruled exceptions of the de-
| PENDANT to the judgment in the Circuit
Court for return of the property, or it's
value placed at $22, 1000. Last year the
Hawaiian Supreme Court reversed this
| judgment, but the United States Su-
preme Court, on plaintiffs appeal, or
dered the case remanded for hearing
| on defendants exceptions because GER
tain questions of law were not consid-
cred in the first hearing and decision.
The Hawaiian Supreme Court, taking
| up the neglected points and dealing
with them in accordance with the
views expressed in the Federal deci-
sion, overruled the exceptions as above
stated, thus reversing it's former de-
cision. Now the defendant wants
rehearing.
VARIOUS CASES SET.
The case of Ellen Albertina Poly
blank, trustee, and others against Da-
vid Kawananakoa and others was call
ed yesterday. c. w. Ashford appeared
for defendants but there was no APP
pearance for plaintiffs and the case
was set for Monday next.
Territory V. Sing Yuen also went over
for a week. Also, Territory V. Lincoln
10y McCandless and James Armstrong,
the county awning gutter ordinance
case. Attorney General Hemenway
later in the day filed the Territory's
| brief in this case.
The case of Father Valentin and Ha-
waiian Trust Co., trustees under the
will of John Ena, against Maria K.
Ena was set for today.
NJ. F. Prosser for plaintiff in the suit
to recover bail brought by former
Sheriff Brown against Lee Chuck and
sixty-seven others was allowed fifteen
days to file a brief.
INCOME TAX CASES.
on the new evidence heard, the su-
preme Court gave judgment holding
Hawaiian Commercial & Sugar Co.'S
net income subject to taxation for the
year 1907 to be $1,204, 897.98.
Judgment was given in the income
tax case of Makee Sugar Co., no new
evidence having been presented, sus-
tanning the assessment made by the
assessor.
The income tax cases of Pioneer Mill
Co, c. f. Hart, Hamakua Mill Co,
Laupahoehoe Sugar Co., Waikiki SUI
gar Co, Lfhue Plantation Co, Union
Mill Co, and Honolulu Iron Works
taken in each of them upon questions
denied consideration by the Tax APP
peal Court but which this court has
decided should be considered if the
taxpayers so requested.
The Supreme Court confirmed the
appointment by Judge P. L. Weaver
of Joseph Lightfoot as examiner of
titles under the Land Registration Act.
NEW TRIAL VETOED.
Chief Justice Hartwell is author of
a unanimous decision of the Supreme
Court sustaining the plaintiffs excep-
lions to Judge Lindsay's order for
new trial of Hark Hak Sac V. PAX
Sung Kwon, Kim Sung Kwon and
Yee Nal 500. George A. Davis repre-
sented the plaintiff and j. A. Magoon
the defendant 500, who wanted new
trial The case was fully reported in
the Advertiser a few weeks ago. Upon |
it's trial without jury by Judge Lind |
say, judgment was given for plaintiff
against 500 for $40, balance on $500
note, with interest and costs.
Up to this time Lyle A. Dickey was
attorney for plaintiff. Now the plain
tiff employs J. a. Magoon, who moves
for q new trlal, alleging newly WIS
covered evidence and incorrect trans
lation of the note from Korean to |
English. 1t was contended that the
instrument showed 500 to be only a |
witness signing the note. Judge Lind /
say granted the motion and plaintiff |
appealed Following is the syllabus of
opinion:
THE correctness of the translation
Of a Korean note, as to whether the
defendant was maker or witness, |
having been in controversy at the
trial at which plaintiff recovered, a |
new trial on the ground of surprise
can not be granted upon an affidavit |
that the translation was Incorrect |
The affidavits held insufficient in view
Of the issues raised and Htigated at I
the trial.
NOTICE TO FLORAL PARADE
RIDERS.
If is the desire of the committee