The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-05-08
MUST PAY Up
A. DEFICIENCY
The Honolulu Reading Room
Judgment Is Not
Satisfied.

CdtISllGu.
A final decree was filed yesterday,
approving and confirming the action
of NJ. 7. Simonton in selling, under
foreclosure proceedings, property own
ed by Chock Sing in the case Of the
Honolulu Reading Room Association
against Chock Sing, his wife, Tong
Sing, Tong Hon, X. Okano, Ell. A. Juen
and William Savidge and Emily Sa-
vidge. According to the decree there
remains deficiency judgment of ST.,
377.51 to be collected from the defend
ant, Check Sing The liability, under
the mortgage which was foreclosed
amounted to $10,9o2o8, inclusive of the
costs and interests.
Commissioner Simonton disposed of
four lots at Kapahuiu and piece of
property on Pauahi street, the proceeds
of the sale aggregating 1860, making
necessary the entering of deficiency
Judgment for the balance.
Choek Sing executed a promissory
note and mortgage, dated December 81,
1899 for the sum of $500 and this was
included in the judgment, together with
interest at 10 per cent. per annum, the
second liability being by second prom
issory note, dated June /, 1902, for
the sum of $65oo together with interest
at per cent. from February IA, 1903.
The claims of the respondent Tong
Hon. which were incurred, subsequent
to the execution and delivery of the
notes and mortgages, set forth in the
complaint. was held to be secondary
incumbrance upon the lands and prem
ises and that the lien of Tong Hon S
| mortgage was subordinate. Okano,
subsequent to the execution and deliv-
cry of the notes and mortgages, be-
came leaseholder of a portion of the
property but this lease was held not
to have valid bearing on the issues
of the case.
Statement of Facts.
A statement of facts, agreed to by
the attorney IS connected with the case
| was filed yesterday in the suit of John
Marcallino against C. 7. Wilder, asses
sor ct al. The suit developed through
the return of property for assessment
which belonged to the Holt Estate and
the legal complications have grown out
of an apparent misunderstanding as tx
the jurisdiction of the administrators
Deuuty Attorney General E. w. Sutton
| is representing Assessor Wilder, A. u
| NJ. Robertson for j. M. Dowsett, Wade
! Warren Thayer for George H. Holt ant
| the heirs of J. R. Holt by the firm Of
Smith and Lewis.
Mary Atcherley, through her attor
neys, Lyle Dickey and E. NJ. Watson
/ has moved that date be set for thu
| hearing of eiectment suit against tht
Kapiolani Estate.
A Sturdy Chief Justice.
LOS ANGELES, Cal, April 49,
! Chief Justice Beatty knocked rutfiar
down in a Pasadena car this Afternoon
/ by way of enforcing the law and teach
| ing him manners. The head of Cali
1 fornia IS Supreme Court, here for ths
April term, noticed the man talking tt
| the motorman, and the sign over th'
motorman S head declaring that act ;
violation of the ordinance.
sYou muslin It talk to the motor
man. said the chief justice, for tn
ear was running at a high rate 0.
speed.
Jaw, go to - was the promp
reply.
] ssBut I insist said the chief jus
tice.
| "I'd knock your block off if i
WASH It for your white hairs, said tn
thug.
/ ssForget the hairs and try it,, wa
the chief justice S reply.
The thug drew back to strike, but tn
Justice knocked him down. The con
ductor came to investigate, and tn
Justice explained that the man ha
violated the law.
CHOW continued the chief justlct
sI appoint you an officer. Arrest tina
man or eject him from the car" an
the Justice handed the conductor hi
card. The conductor acted promptly
so promptly that the thug as he hi
the ground exclaimed, .sWho is he?
The conductor showed him the care
"say, yer honor, [ just gotta &c
to Pasadena. If you II femme ride
won t talk to no one,' pleaded tn
subdued man.
The chief justice agreed, and tn
man hid himself at the rear end {
I the ear.
| 1t is we'll to have the account of tn
incident widely read, for it should COZ
vey a needed lesson to the averas
American citizen, who is too ofte
willing to forget that he has any dutit
4 to perform in the enforcement of Il
| laws. He usually listens helplessly
the endless stream of profanity Whit
he hears on the streets, in railway st
| tions or on board railway trains, r
CARELESS of the fact that the laws
l the State are thus constantly violate
/ and he witnesses daily other violation
of the law too numerous to mentlo
1 wondering, perhaps, why the police,
somebody else, does not see that Il
L law is obeyed, but rarely manifestii
disposition to take part in the e
forcement.
HI Chief Justice Beatty of Californ
set a good example when he knock
down the ruffian in the Los Angel
street car. Even if he had not be
a judicial officer of the State it won
have been his duty no less to see tn
! the rules which are necessary for t
safe operation of the cars were not d
regarded in so fragrant manner. Al
II n H. OH tn