The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-05-31
CANNOT RECOVER
FOR GUT TREE
Mrs. Humphreys Loses in Case
Against the Public
Employees.

The rights of citizens and ornamen-
tai trees was the subject dealt with
in a decision that was handed down
by the Supreme Court Saturday in the
suit brought by Mrs. Marie K. Hum
.phreys against Manuel Mello and
Thomas p Cummins, to recover dam
ages because of the partial destruction
of tree in front of the Humphreys
residence, to clear the way for the
funeral of the late Prince David
The opinion, which is unanimous and
written by Justice Wilder, finds that
Mrs. Humphreys is not entitled to dam
ages. The syllabus states that Sin
the absence of any showing to the con-
trary, land taken in 1902 and thereafter
used as a public highway is presumed
to be owned by the Territory in fee
simple The court also holds the pro.
vision limiting the damages to be re-
covered for the destroying of a tree
in public highways constitutional In
the course of it's opinion the court says
"We are referred to the case of
Donahue VS.. Keystone Gas Company
in which it was held that an owner of
land abutting on street, the fee be,
ing assumed to be in the municipality,
could recover for the destruction Of
trees in front Of his lot caused by the
defendant in negligently permitting gas
to escape from its pipes under the
highways. The opinion in that case, by
bare majority of the court, is not
without force. The reasoning is that
the right of the abutting owner to
maintain trees in front of his lot is in
the same class as his right to light, air
and access to and from the street. and
that consequently he is entitled to re-
cover as much for the invasion of one
as the other. Assuming the facts to
be the same as in the case at bar
we cannot, however, adopt the conclu-
sions stated
''While agreeing with counsel for
plaintiff that the planting and main
tanning of trees along the highways by
abutting owners is to be encouraged,
especially in this Territory, still this is
matter that this court can not take
into consideration in determining the
constitutionality of the statute in ques-
tom
So Mrs. Humphreys cannot recover
damages for the tree that lost some
foliage to permit the passage of the
kahilis in the funeral of Prince David.
Japanese Get Bail.
Four of the japanese who were charg-
ed with attacking fellow countryman
at Kahuku, in connection with the
strike, were before Circuit Judge Rob
inson Saturday. The bail of the four
men-Toyama, Yoshida, Wada and Ku-
wada, was fixed at $3.50 each, and a
continuance was granted until June Z
| when it is believed that the man whom
! they attacked will be able to appear
| in court. The associate counsel for the
prosecution were w. A. Kinney and NJ.
F. Prosser, Assistant City Attorney
| Milverton representing the Territory.
| Y. Sega, editor of the Nippu Jiji,
who was indicted for being disorderly
person, appeared before Judge De Bolt
and entered plea of not guilty. j.
| Llghtfoot, the legal adviser of Max no
eft al, also appears for Sega, and his
demurrer to the Indictment was over,
ruled by Judge De Bolt and the motion
| for a continuance set for hearing on
| Tuesday
Lightfoot asked for a continuance I'M
Ri t. e January, 1910. term of the court
He did ask for postponement until
1913. Lightfoot apparently does not
think that justice will be melted out
to his, client by reason of the condi
lions now existing in the Territory. Fl
is also stated in an affidavit that Sogf
cannot secure a fair trial because hi
is one of the recognized leaders of The
high wage movement and that th'
"public mind has been infamed agains
him. -
Because of all these circumstance
Lightfoot thinks that Sega s tria
should not be undertaken until all i
adjusted and on Tuesday morning i
will probably be known what view
Judge De Bolt takes of these conclu
sions.
Notes Of the Courts.
John Comes, who pleaded guilty t.
| oh of racaiI-iOu ST olou crpodS hat