The Hawaiian gazette., 1909-11-16
nioyment after such death

enjoyment after such death :.
shall be subject to the tax"
Clemens, in his brief does not argue
his case very fully and his grounds for
recovery of the tax paid seem to be
vague. He claims the act is uncon-
stitutional and also that it constitutes
double taxation. Sutton has dug up
host of authorities to back his de-
tense.
Guilty and Resigns.
There is no longer a Supervisor Ka.
hee of Kauai. He yesterday rendered
his resignation to Governor Frear,
who accepted it, but the action was
not necessary, for the law had already
deprived him of his Office.
Kahee was some time ago indicted
with Luka Nuuheiwa of violation of
the Edmunds Act, and when arraigned
Yesterday they appeared before Judge
Woodruff in the United States district
court and changed their plea to read
guilty instead of not guilty. At that
moment Kahee would have ceased to
be a supervisor, had he not already
turned in his resignation.
Attorney s. +. Chillingworth and
Judge Lindsay appeared for him and
pleaded for leniency in the sentence,
and when Woodruff rendered it, it was
with the statement that he considered
it to be lenient one. Kahee will
serve three months in Oahu Prison and
the woman will serve one, both paying
costs of court.
Judge Lindsay, in a plea for mercy,
stated that he had known Kahee for
thirty years and in that time had not
known i'll of him.
1t now falls upon Governor Frear
to fill the vacancy on the board of su-
pervisors of Kauai, he stating yester-
day that no action had yet been taken
in the matter. There are, of course,
several slated for the position and up
for consideration.
Get OFF Easy.
Yesterday was banner day for con-
victed gamblers and illegal booze sell
| lers, n dozen or so coming off with
| flying colors in the circuit court be-
| fore Judge De Bolt, after appealing
from sentences imposed by Judge An
drade in the district court.
George Kaea, sentenced several days
ago to pay fine of $3.50 by De Bolt
| and given a severe lecture by the court
at that time for gambling, came up
again on another appeal from the dis
| trict court, for the same offense. This
time Andrade had soaked him 5000. 1t
is said that he has promised to pay
the $3.50 fine which he now stands
under and will quit professional gam
bling, and it may have been this which
caused his sentence on the second Of
Tense to be suspended for thirteen
| months.
Tomorrow he, with Vida, Kepiko and
| Apoliona, will again be before the
same court while the motion for new
trial is thrashed out between the at
torneys, Achi and Brown. 1t is ex.
pected that there will be several sur.
prises sprung.
Charles Yarrick, who earned an un.
enviable reputation some time ago as
the drunken juror, was another who
came off easy. 1t will be remembered
that the last time he was in De Bolt Is
courtroom, during the conspiracy trial,
he was ordered fred out by the judge,
who said that he never wanted to see
his face there again. Yesterday he
again showed his face, for the same
offense that he was previously fred out
circumstances.
He had been found drunk in the Gin
cinnati restaurant by Fennell and Rose
and arrested. He was sentenced to
serve thee months in Jail by Andrade
but upon his appeal he also was given
suspended sentence of thirteen
months. He promised to be good and
support his aged mother. He has, how.
ever, promised the court this several
times before.
j. j. Combs is numbered among the
lucky ones He was convicted in the
district court of selling liquor without
a license and sentenced to pay a fine
of 800. In the circuit court his case
was nol-prOssed by the prosecution. The
nolle prosequi could not, however, have
been entered for lack of evidence for
the same prosecution had made sue.
cessful case out against him in the
lower court.
Kekuyo, Japanese woman who was
charged with both being a vagrant and
for stealing, had "A suspended sentence
of thirteen months given her on both
She is happy, Ms are all the rest who
came of 80 fortunately.