The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-05-11
MUST PAY UP
A DEFICIENCY

A hnal decree was hlei yesterday.
and confirming the action
Of NJ. J. simohion In selling, under
foreclosure proceedings, property own.
I'd by Choek Sing In the case of the
Honolulu Reading Room Assoc alton
against Chock Sing, his wife. TongI|
Sing, Tong Hon, X. Okano, II. A. Juen
and William Savidge and Emily sal
vidge. According 20 the decree there
remains deficiency Judgment Of s7,.ll
S7I.5l to be collected from the defend.
ant, Chock Sing. The liability, UNDER
the mortgage which was foreelosed,
10 $lO,902.Cs, inclusive Of tho
costs and interests.
Commissioner Simonton disposed oh
four lots at Kapahulu and "A piece of \
property on Panahi street, the proceeds !
of the sale aggregating $3665, making
necessary the entering of a deficiency
judgment for the balance.
Chock Sing executed promissory
note and mortgage, dated December 81,
1899, for the sum of $500 and this was
included in the Judgment, together with
interest at 10 per cent. per annum. the Y
second liability being by second prom
issory note, dated June /, 1902. for 4
the sum of $6500 together with interest
at s per cent. from February IA, 1903. 4
The claims of the respondent Tong
Hon, which were incurred, subs quent 4
to the execution and delivery of the
notes and mortgages, set forth in the 3
complaint, was held to be secondary
incumbrance upon the lands and prem
ises and that the lien of Tong Hon s :
mortgage was subordinate. Okano,
subsequent to the execution and deliv-
cry of the notes and mortgages, be- !
came leaseholder of a portion of the
property but this lease was held not
to have valid bearing on the issues
of the case.
Statement Of Facts.
A statement of facts, agreed to by
the attorneys connected with the case
was filed yesterday in the suit of John
Mareallino against q. T. Wilder, asses
sor ct al. The suit developed through /
the return of property for assessment
which belonged to the Holt Estate and
the legal complications have grown out
of an apparent misunderstanding as to
the jurisdiction of the administrators.
Deputy Attorney General Z. w. Sutton
is representing Assessor Wilder, A. q.
NJ. Robertson for j. NJ. Dowsett, Wade
Warren Thayer for George H. Holt and
the heirs of j. r. Holt by the firm of
Smith and Lewis.
Mary Atcherley, through her attor.
neys, Lyle Dickey and +. NJ. Watson,
has moved that a date be set for the
hearing of ejectment suit against the
Kapiolani Estate.
A Sturdy Chief Justice.
LOS ANGELES, Cal, April 49,
Chief Justice Beatty knocked a ruffian
down in Pasadena ear this afternoon
by way of enforcing the law and teach
ing him manners. The head of Cali
fornia' IS Supreme Court, here for the
April term, noticed the man talking to
the motorman, and the sign over the
motorman 3 head declaring that act a
violation of the ordinance.
"You mnstn It talk to the motor
man." said the chief justice, for the
ear was running at high rate of
speed.
"Aw, go to -" was the prompt
reply.
"But insist" said the chief JUS
tice.
"I'd knock your block off if it
WASH It for your white hairs" said the
thug.
"Forget the hairs and try it," was
the chief justice 3 reply.
The thug drew back to strike, but the
Justice knocked him down. The con-
ductor came to investigate, and the
justice explained that the man had
violated the law.
"Now," continued the chief justice,
~ appoint you an officer. Arrest that
man or eject him from the car" and
the justice handed the conductor his
card. The conductor acted promptly,
so promptly that the thug as he hit
the ground exclaimed, "Who is hef'
The conductor showed him the card.
essay, yer honor, just gotta get
to Pasadena. If you'll lemme ride L
won t talk to no one" pleaded the
subdued man.
The chief justice agreed, and the
man hid himself at the rear end OF
the car.
1t is well to have the account of this
incident widely read, for it should con-
vey needed lesson to the average
American citizen, who is too often
willing to forget that he has any duties
to perform in the enforcement of the
laws. He usually listens helplessly to
the endless stream of profanity which
he hears on the streets, in railway sta
tions or on board railway trains, re-
gardless of the fact that the laws of
the State are thus constantly violated,
and he witnesses daily other violations
of the law too numerous to mention,
wondering, perhaps, why the police, or
somebody else, does not see that the
law is obeyed, but rarely manifesting
a disposition to take part in the en-
forcement.
Chief Justice Beatty of California
set a good example when he knocked
down the ruffian in the Los Angeles
street ear. Even If he had not been
a judicial officer of the State it would
have been his duty no less to see that
the rules which are necessary for the
safe operation of the ears were not dis
regarded in so fragrant manner. ANY
man who insists on obedience to the
law is standing up for his own rights
and for the rights of everybody else
Would that there were greater will
lingness ON the part of all decent citi
IL