The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-02-10
SUIT WON, BUT
MONEY IS LOST
A Problem in Arithmetic and
Constitutional Law
Battles.

violation OF contract; secured a indy
ment for $500 in the District Courf.
had the amount cut in half by the de-
PENDANT S appeal to the Circuit Court
and was then taxed $16.75 for costs.
did you win triumphant victory at
law or did you lose?
This is the battling problem that en-
wolves legal procedure, arithmetic and
the Constitution of the United States
that Thomas Carpenter and his attor-
ney, George A. Davis, are trying to
figure out. Their calculating produces
a deficit of exactly 1925 and this. they
maintain, is in direct and pernicious
violation of Section 10, Article / of the
Constitution of the United States. The
1925 refuses to CLOWN and its con
stitutionality has been passed to the
Supreme Court of the Territory for
judicial determination.
The suit was the result of a disrute
| over the work done on the inssrior of
the Art theater and the appeal was
heard in Judge Lindsay's court. He
reduced the judgment from SIS to $50.
Carpenter then had to pay the costs
under Article 4, Section 1898 of the
Revised Laws of Hawaii. which reads:
Judgment is rendered, appeal, and the
amount recovered in the court below
be reduced one fifth or more, costs shall
be awarded to the appellant. -
Il So Carpenter got Judgment for
| $3.50 and had to pay out $16.75.
An Important Decision.
An opinion which has an important
bearing on the legal aspect of roads
in residence tracts was rendered yes
terday by the Supreme Court. The
| opinion was written by Justice Wilder
and it holds that portion of high
way known as Road II running from
| Campbell avenue to Kanaina avenue in
the Kapahulu tract, near Kapiolani
Park, must be maintained as an unob-
structed road and cannot be closed.
The opinion of Justice Wilder is in
part as follows:
"The owner of this tract of land
had it plated and laid out in blocks
and lots with avenues running through
intersected by roads every few hun
dred feet, and began selling lots IN the
latter part of 1896 at which time the
defendant bought the whole of block 9
which extends along one side Of road II
from Campbell avenue to Kanaina ave-
nue., and he subsequently acquired all
the land fronting on the other side of
road II between these two avenues. In
the meantime plaintiffs purchased two
lots on road Fl about half block up
from Campbell avenue. They bought
on the faith of the representations of
their grantor that road FL, at least be-
tween the two avenues in question,
which was then staked out and survey
Cd, would be kept open. The grantor
before selling any of the lots offered
all of these avenues and roads, includ-
ing the one in question, to the govern
ment for public highways, but the offer
was refused by the then minister of
the INTERIOR
The opinion holds that the road in
dispute must be maintained as a public
highway by virtue of the fact that it
is necessary to the convenience of the
residents in the vicinity and appeared
on the original plans of the tract.
Insane, Says Expert.
Called as an expert alienist, DR.. n.
B. Emerson declared Yesterday that he
considered George Kalekini insane and
victim of epileptic mania. The state
ments made by Dr. Emerson is strong
torney Achi is building up for Kale-
KIM, who is charged with numbering
his wife last August in Kalihi. The
aged father of the accused man was
also placed upon the witness stand by
the defense yesterday, and he testified
to what he considered the irresponsi
bility of his son since early childhood
The defense will probably rest their
case today, having but few more wit
nesses to call in an effort to prove that
Kalekini has never been of sound mind,
that he was not responsible when he
killed his wife.
Deficiency Judgment.
A deficiency Judgment against Louise
McGrew was filed yesterday in accord
ance with the court decree confirming
the report of the commissioner in the
foreclosure proceedings brought by the
Honolulu Library and Reading Room
Association against Louise McGrew and
Frank E. King. The sum of 1920,
with interest at per cent. from Feb
ruary ?, is ordered to be collected from
| Louise McGrew, and if it can not be
| secured from her execution is to be
| had against King.
| An order of notice. setting March |
as the date of hearing the petition for
| the probate of the will of James H
O'Neil, was signed by Judge Robinson
yesterday.
A stipulation was fled yesterday al
| lowing Bessie r. Burns week from
| February to file an answer to the
brief of Julia H. Along, defendant in
| the case.
Attorneys for Booth.
David Kaaumana, charged Jointly
with Charles w. Booth on a grand jury
| indictment for arson in the second de-
| gree in connection with the burning of
Booth S Pacific Heights residence was
| released yesterday on bond of $500.
The case came up in Judge De Bolt s
court for hearing on demurrer to the
| indictment, but it was continued until
| Thursday afternoon. Attorneys ]. A.
| Magoon and A. G. NJ. Robertson will be
associated with the counsel for the de-
| Tense
U. s. District Court
The special term of the T. S. Dis
trict Court will open on February Il.
| On reserved Meas tn in1fc+pau g +lo-,