The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-11-04
No JURY IN
DRE|ER CASE
The Stipulation Filed Yesterday
Agreeing on Facts
Court News.

Still another development in the
Dreier inheritance tax ease in the cir
cult court will permit the suit to be
tried sans jury. This was agreed upon
yesterday in a stipulation between Cecil
Brown, trustee under deed of trust of
August Dreier, and General
Hemenway, acting on the Territory s
behalf
In the stipulation was set forth the
facts of the matter as agreed upon by
the estate and the Territory, the only
point of difference being the payment
of 81, 1854 which the treasury claims is
due, according to the provisions of the
inheritance tax law, as per cent. on
former property of August Dreier trans
ferred TO his heirs. The estate has no
particular desire to pay this, while the
Territory is equally anxious to keep it.
As matter of fact, the money has al
ready been paid, and Brown is suing to
get it back, having saved his rights by
paying under protest.
The tax paid is that upon 1896 shares
of stock of August Dreier, Limited,
which had been turned over to Brown
by the late August Dreier to hold in
trust. After Dreier's death it was,
according to the terms of the deed of
trust, equally divided among four chill
dren, Annie Dreier Markham, and Adele.
August and Edward Dreier. This trans
fer, claims the Territory, makes it sub
iect to the tax. The estate claims that
the stock, which is valued at $500, 200,
was, under the deed of trust, not the
property of August Dreier, and so did
not go from him to his heirs and was
not subject to the tax.
Court Rules Changed.
An amendment was yesterday added
to- the rules of the circuit court, which
if carried out may mean that Judge
De Bolt may continue to sit as Judge
in criminal eases as long as he IS on
the bench and likewise that Judge
Whitney will sit in civil jury cases
and Judge Robinson in probate and
equity indefinitely.
The old rule had it that each year
a change was to be effected in the
aportioning of cases SO that each judge
would alternate in sitting in the
criminal, civil and probate matters.
The next change was to have been
made in January but it is anticipated
by this new addition to the rule, max
ing the change optional.
Scott Loses This Time.
The legal ups-and-down of NJ F.
Scott in the circuit court and else
where are numerous in the extreme.
This ho iS In har ,rdC
he is not up. In still other words he
has lost out in his suit against Joe
Maria, alias Joe Maria Pedro, which
suit was for the sum of thirty dollars
and interest and was started in the
district court in 1907 Judge Whitney
yesterday gave a decision for the de-
PENDANT.
Courthouse Notes.
Jacob S. Bailey, who is the hbelant
in divorce suit filed by Maria Bailey,
filed an answer in the circuit court yes
terday to the charges of his wife and
also a cross-libel against her. He gen
orally denies her allegations, his allega
tons in turn being savOry to the ex-
treme. According to the cross-libel he
was finally thrown out of the house
by his better half who, it is asserted,
was not improved by over-indulgence in
the trimming bowl.
The seventeen indictments returned
yesterday by the federal grand jury
were all for offenders against the Ed
mund s Act With the exception of
two, all were in court yesterday and
were arraigned. The others are ex-
pected 10 be in the tolls by tomorrow.