The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-05-05
MOTHER WANTS
HER CHILDREN
Representatives Divorced Wife
Claims Right of
Custody.

The question as to whether mother
| the personal custody of children of
| che union, in the absence of a court
| order to that effect, and is also enti-
| tied to aid from the divorced husband
| for the cost of maintaining the chill
dren, was before Judge Robinson yes
| terday on petition for allowance,
| brought by Hatae KamanouIu as an
| aftermath to the divorce decree she
| obtained from Representative ]. K.
| Kamanoulu.
| While no formal decision has been
rendered on the petition of Mrs Ka-
| his opinion that the husband, although
| divorced by the wife, possessed a
| right to designate where the children
were to be maintained by reason of
the fact that he was the sole con-
| tributor to their support.
| rThe mother, by reason of the fact
| that she is the mother observed
| Judge Robinson, 'is not entitled to
| the exclusive control of the children
| in the absence of a court order He
| went on to observe that it would not
| be fair to the father to leave the chill
| dren with the mother, stating that, in
| view of the divorce and the feelings
| that existed, it would be reasonable
to suppose that she would give the
| children very poor opinion of the
| other parent
Question of Custody.
| There are four children mentioned in
| the petition, ranging from nineteen
| years to ten years of age. The sum
of SIPS is asked by Mrs. Kamanoulu
| for past expenditures in the mainte-
nance of the children, and SIS per
| month.
| Attorney Magoon, representing Mrs
| Kamanoulu, took the stand that as
she was granted the decree of divorce
| she was naturally expected to have
| the control of the children and con-
tributions from Kamanoulu for their
| support.
Attorney E. A. Douthitt, represent
| ing his legislative confrere, Kamanou-
| 1u, declared that mis- client was will
| ing to contribute to the maintenance
| of the children in public school or
institution, but objected to supporting
| them while III the care of his former
wife.
| Magoon insisted that the mother was
| the proper person to have control of
| the children and that it was unrea-
| sonable to take them from her and
] place them in an institution, when she
| was anxious to care for them.
i Judge Robinson said that child of
I Ill :
| need of a mothers care and as that
was the age of the youngest of the
Kamanoulu family, there was nothing
in the way of age to receive serious
consideration in deciding on the mer-
| it's of the petition.
A verbal ruling against the petition
was about to be made by Judge Rob-
| inson when Attorney Douthitt called
attention to the existence of a law
| passed by the late Legislature. which
| provides that in the trial of jury
waived cases the court must render
its decision in writing. Douthitt also
| voiced an objection to the manner in
| which the trial was dragging along,
| and observed that it would probably
'last all summer at the present rate
/ of progress. On the statement that he
has a witness from Maui who was
losing valuable time, Judge Robinson
set the case for 4 o'clock today, after
the regular calendar is disposed of.
Waiting for Perry.
4 The Supreme Court OF the Territory
will not take up any new cases for
1 consideration until Antonio Perry quail
lies as the successor of Associate JUS
tice Sidney M. Ballou. Chief Justice
| Hartwell said yesterday that the court
would adjourn from day to day until
cable notification was received of the
4 confirmation of Perry by the United
States Senate. The only action taken
by the court yesterday was a denial
without argument of the petition for
rehearing submitted in the case of
William Bierce, Ltd. VS.. William Wa
. terhouse ct al, executors.
Chief Justice Hartwell, who recently
sent to all of the district magistrates
forms for their annual reports re
quired by law, to be mailed to him
not to the clerk of the Judiciary De-
!, partment-states that some of the dis
trict magistrates seem to think that
they are expected to send the reports
monthly, instead of at the end of the
| year, as the law contemplates.
Notes of the Courts.
Judge Robinson granted the peti
ton for the service of notice on the
b defendant, by publication. in the di
I vorce action instituted by Arthur P
Wardell against Nina P. Wardell, who
deserted Wardell in February, 1908
= and left the Territory. The petition
recites that every effort has beer
made to learn the whereabouts of Mrs
Wardell. but without avail.
d A petition has been filed by Annie
9 e. Brown, asking for the allowance
of accounts, final distribution and dis
| charge in the administration of ths
| estate of the late Joshua K. Brown
The petitioner was appointed execu
trix under the will. The schedules OF
/. the petition show receipts. s12s6.40
!, | disbursements, $1340.40: End the inven
!. tory includes stocks and bonds valued
: at approximately s7954.16
|. A petition has been filed by Mrs
/. Lilinae Kea. widow of John Kea, ask
ing fer the appointment of w o
= Smith as executor of her husband.
,. estate. valued. at about $500. May 3