The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-05-28

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them to do it, but they will learn by
experience that it is better to obey
the law.'
Assistant County Attorney Brown ap.
peared for the prosecution and Attor-
ney Humphreys for the defense.
Humphreys entered plea of guilty for
! twenty of the Chinese and Brown mol.
f, pressed the remaining fourteen cases.
Judge De Bolt imposed fine of $3.50
each on those that entered a plea of
guilty, the charge being present at
gambling game.
Attorney Humphreys made lengthy
statement in which he declared that
games of chance were interviewer in the
life of the Chinese and that they could
not be judged by occasional standards.
He also referred to society's bridge that
was never interrupted by police raid.
Decision on Interest.
In an opinion handed down by the
Supreme Court yesterday that tribunal
| holds that in the case of the Waialua
Agricultural Company against the Oahu
Railway and Land Company, interest
accrued on the rent when due. The
| opinion of the court is by Perry and
| the syllabus reads con rent accrued
on an instrument in writing, interest
runs. under Revised Laws, Section 1903,
from the date when the rent became
due, even though its amount was not
expressed in the instrument. In the
course of the opinion the Supreme
Court says:
con the subject of interest there is
great conflict in the authorities. some
of it perhaps apparent only. In dis.
tinguishing between liquidated and I'M
liquidated demands some courts appear
to have in mind one definition of those
terms and other courts another. Then
again some of the decisions are based
upon statutes and others are made in
their absence. With reference to I'M
| liquidated demands interest is allowed
in some cases from the date when the
principal became due, in Others from
the date of demand, in others from the
date of the institution of the action,
and in still others, perhaps majority
of them, from the date of the verdict.
The reasoning in favor of the last nam
ed rule is that where the existence
of the debt is in doubt and its amount
uncertain, a party is not in position
4 to make or tender payment and should
therefore not be called upon to pay
interest except from the time when
both of these disputed questions have
been settled by judicial proceedings.
On the other hand, it may well be said
in favor of the rule that interest shall
date from the accrual of the right of
action, and although the aid of court
is necessary in order to settle the con-
troversy as to whether debt existed
and as to it's amount, nevertheless the
l 70 oipS hot tha Iafa pt
the whole of the intervening period
has received the interest on, or other
wise had the use of, the money found
by the court to be due, and that the
plaintiff has been deprived of such in
terest or use.'
The Supreme Court sustained the de-
cree of the Circuit Court in the case
of Alexander Lazarus against Lena
Grace Rosewarne. A bill was brought
by the plaintiff to establish a trust in
a conveyance to his niece, the defend
ant in the case, of realty and bill
of sale involving considerable personal
property. The allegation was that the
entire property was transferred in trust
while the defendant asserted that she
became possessed of the property abso-
lutely, and had also loaned Lazarus
money to- meet the costs of a divorce
action that he had instituted.
Notes of the Courts.
Circuit Judge Whitney committed
several homeless children to the care
and control of the Salvation Army Wo-
men s Industrial Home yesterday. The
children We're Title Mande, Georgina
Bruno, Amelia Bruno, Katy Cooper and
Elizabeth Santiago. They were already
| provided for at the Industrial Home
but had not been formally committed.
Y. Sega, the agitating editor of the
Nippu Jill, will have to enter a plea
Saturday to the indictment charging
him with being a disorderly person.
The case of Sega has been delayed
because of the question raised as to
whether private counsel could be re-
tanned for prosecution and now that
the Supreme Court has disposed of the
question Attorneys Kinney and Prosser
will assist in the prosecution.
John Gomez, charged with receiving
; stolen goods, withdrew his plea of not
guilty yesterday, and will be sentenced
by Judge De Bolt Saturday.
P. f. R. Strauch has been appointed
administrator of the estate of Achiona
with bonds at $780,
Lena K Vida, through her attorneys,
Judd and Lindsay, filed denial yester-
day to the allegations in the complaint
for divorce fled by her husband, Henry
C. Vida.
Minnie NJ. Alexandra has been allow
ed $50 per month pending the admins
tration of the estate of her husband
, John Alexandra.