The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-02-19
MAhDAMUs CASE
NOW IN COURT
IFrom we.ino1day AdveriIlorl

lccomc living pulsing body within
/ ihe meaning of the law, and what did
/ they do when they dii ii aud how did
/ They DO ~ Thar b nlout as near 90
hn inioiiigiblc summary as can be- drawA
4 of the qucs ien involved in the pro.
cccHinRs that occurred Ia Judge Robin
I tpn p department of the Circuit Court
! yesterday afternoon In the maudamus
suit Instituted against Ci.y and County
/ Treasurer Trent ~ Charles Costcr in
an effort TO compel payment Of biz sal
I ary warrant There promises to be at
/ Least one undispuied event hat oc-
Cured on January last. aud IL IL that
the hour Of u O'Clock noon came around
49, usual. But all the other things that
befell on this fateful day Of Honolulu :
city fathers h. ohssured in doubt and
contention. Even Clerk Kalauokalani 5
lah0riOus minutes were held up TO scorn
aud criticism IN court yesterday. and
not even the Supervisors themselves
can swear unanimously that Hizzoner,
Mayor Fern, was or was not clean
shayen when be read his inaugural ad.
dress.
Gathering of Clans.
The city officials practically adj
| journed TO the court house in a body
yesterday afternoon at two clock and
Judge RObinson's court was thronged
with them from the Mayor down. When
court adjourned two hours later il was
almost proved that Clerk Kalauokalani
was not exactly certain whether the
Supervisors said present in respond
ing 10 the rollcall or simply "aye."
City and County Clerk Kalauokalani
was placed upon the stand by Attorney
Fred w. Milverton with the object of
introducing in evidence the minutes of
the meeting of the Supervisors on Jan
uary 4. Attorney w. A. Kinney imme-
dia;ely entered an objection to Milver.
ton s method of establishing the official
and lawful birth of the Board of Super
visors. MilveTton contended that the
City and County Act was self.operative
and that no call Of the Mayor or other
action was needed TO supplement the
arrival of noon on January last and
the gathering of the Supervisors to
give them legal recognition as the Su-
pcrvisors of the City and County of
Honolulu.
Attorney Kinney voileyed questions
at Clerk KalauokaIani until that of
fetal was slightly dazed and was not
absolutely sure of any hing except that
the Supervisors did hold a meeting on
the day in question. Attorney Kinney
referred to the minutes of the initial
meeting as "fairy tales,p and observ.
@ ,,,ap'la; H. INC "inutes "eIc hoV any more
AN, 40 eNiuenee than rev ran
"I'n ny,'' oh piece Oh shln'
p'T1s Tlo ci., 49,, c. c,,
IVY anu county O!erk retained
djstinouished the arst meotinn IT, onII' onnv
ing the roll all answered 10 being pres
ent with the execution of Mcclellan
who said "no,'' but KaIauokalani add,
ed that Mcclellan renedied this mis-.
take "when he found he was there. ),
Too.n in Action
n, Tho -, st. ~.
a. .;. M lno'ion VI A,toihey hihney
the witnesses were excluded from the
So"i' s 'loon' ana even 'he mayor was
tou hoiEeu " a"al1 ueVelopments IN the
ma" supervisor Dahiel Logan was
No. pieSen. "heh the order was made,
anu ne was an Interested listener dur
."S 'no ia''ei porVioii OF halauokaianl S
ony' heh attorney MilVerton
@ ." Y: san'u Logan 10 the stand, Attor-
80 S oDJ'ou.u' anu ihsiS'ed that
aJ,a.; - 80 n"'' .H'
He eIo,,i1 innuehce % Oh the discussion
snthn snou,u ne Guiled instead OF city
%' nnam WIZ I "aa uneohscIousiy ty lhtringed
;nsar, 49, ~ iu,e Vl 'nc court, Judge NOD
"Son hm, a;o tooh lnat we" OF the matter,
us o,ao 'Jonin,'ent ayoIaii, was lhen taken untii
",oo eiosh thls morning, when the
ao Was aIeetlns the piTthday OF the
o"sa NV 60. VI ouPervisors VIII again come
'p i'i eohsinerhlloh'
Calls Fern Puppet.
Mayor Fern is guided by the dictates
of the Democratic Central Commistee,
according to the reply to the return
and answer to the alternative writ of
mandamus that was filed by Attorneys
Milverton and Cathcart Yesterday. The
document is lengthy, and its concluding
indictment of Mayor Fern is as fol,
lows:
Petitioner alleges that all of the
acts and proceedings of the said Board
of Supervisors of the City and County
of Honolulu are set out in said peti.
tion for an alternative writ of man.
damus, SAID alternatives writ of man.