Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-02-04
LEGAL LABOR IN
C!TY'S BEHALF
Mnverton Tells Of Work
Done By County
Prosecutor

ncy Milvcrton has prepared III inter-
esting report Of the work done by the
legal department Of the municipality
during the past year which indicates
that the prosecuting attorney oiiicc
has maintained Its place in the process
sion. "
Attorney Milverton submitted his
communication at last nights meeting
OF the City ami County Supervisors.
1t relds as iollUws
To the Honorable Mayor and Board
Of Supervisors Of the City and
County Of Honolulu.
Gentlemen: Pursuant to the pro.
visions Of Section 1871 Of the Municipal
Act, l submit herewith report OF the
operations Of the Legal Department OF
the City and County of Honolulu fof
the year ending December 31st, 1909.
Since the month of April, 1909, all
Indictments arising within the First
judicial Circuit have been presented
to the Grand Jury by this Depart.
ment.
During the year 1909, about two hun.
dred criminal cases have been prose.
cuted In the Circuit Court Of the First
Circuit by the City and County At.
torney or by one Of his deputies as
shown by the accompanying and at.
taclfed reports.
The prosecutions during the year in
the District Court Of Honolulu have
been conducted by this Department,
and the number, character and dis.
position Of the. criminal cases in such
Court is shown by the reports OF the
District Magistrate heretofore present.
ed to the Board, and the monthly re.
ports Of the Sheriff of the City and
County, During the last six months
OF the year 1908. the cases disposed
of IN the District Court of Honolulu
aggregated one thousand three hun.
dred and twenty.
This Department has during the year
argued and submitted a number OF
cases In the Supreme Court Of the
Territory. rg
The case Of Territory Of Hawaii v.
Sing High involved the question as
to whether or not the law requiring a
license fee from those conducting
either laundry, dyeing works or
cleaning works. was constitutional.
The Supreme Court sustained the con.
stltutional!iy Of this law.
In the CAGE of Territory OF Hawaii v.
Lam Zip Kee II was contended that
the defendant n dealer In merchan.
disc, had the right under the Com.
merce Clause OF tho Constitution Of
the United States to sell in the Ter.
ritory Of Hawaii Ave tael tins Of
opium that hdE been shipped into the
Territory n large PACKAGES. The su.
preme Court held that no such right
existed, and the judgment Of the Cir
cult Court imposing a fine for the un-
lawful sale Of such five tael tin of
opium was sustained. ''.
The case of Territory of Hawaii Elk
Relantione Charles Coyter v. II. II.
Trent was Instituted for the purpose Of
determining whether the Board of Su.
pervisors had the power to engage
employees Of the City and County.
The Supreme Cout tpll that no such
power existed.
In the case of Territory OF Hawaii v.
Toyota, the claim IVES m,ulc b. The de-
fendant that he was not lnbe TO nay
license fee of 5000. 90 for con Quoting
an auction of fish id the City and
County of Honolulu. The Supreme
Court held that the defendant was
liable for the license fec in question.
l. In the case Of Territory of Hawaii v.
Matsubara. the defendant the owner
Of the fishing boat claimed that tho
provisions Of the law requiring an
annual license fee for a fishing blo,
was unconstitutional and void Tho
Supreme Court sustained the yn.idity
OF the Act.
The case of Territory cf Hawaii
Choy Dan involved the question n, t.
whether dealers In fresh fish who
were not peddlers, were liahc to pa;
the license fee provided for the sale OF
merchandise. This case has been
argued and submitted to the Supreme
Court, but no decision had been rem.
dered prior to the resignation Of Mr..
Justice Wilder, and the case in all
probability will have to be re-argued
before the Supreme Court OF the Ter.
ritory as how constituted.
Another case disposed Of In the Su.
preme Court was that Of Marie X.
Humphreys " Manuel Mello and
Thomas p. Cummins, an action in
trespass, claiming $4,000 damages for
injury to tree, the alleged injury
having been committed by two serv.
ants of the County. 1t was contended
by this, Department. on behalf OF the
defendants, that the liability under
the statute was limited to $500, and
the Supreme Court Of the Territory
took this view of the matter.
In August 1909, DR.. John Atcherley
after having been adjudged insane by
the District Magistrate of Honolulu
and ordered committed to the Insane
Asylum, Ind after such Judgment had
been affirmed by the Commissioners