The Hawaiian gazette., 1910-05-13

Lindsay made the further statement
Yesterday that Mr.. Milverton went to
Hile once and asked Judge Parsons
when the decision was TO be rendered,
and on that occasion Judge Parsons
said nothing about any brief to be filed.
"Mr. Hemenway, attorney-general, y
said Judge Lindsay, "never understood
that any brief was to be fled, and
neither has any other member of the
attorney-general' department.
Acrimonious Correspondence.
After the publication of the original
story in The Advertiser, Judge Parsons
entered into correspondence with Dep
uty Attorney Lymer and de.
manded Co know if he were responsible
for the article.
There has been considerable cor.
respondenee between Mr.. Lymer and
Judge Parsons, and some of it, written
by Parsons, has been of an acrimonious
nature Lymer, replying to the judge,
has taken on his own shoulders the re-
sponsibility for the statements made
only explaining that he did not say
that Parsons was boundary commissions
err in 1901. Lymer's failure to make
this statement in the public print
however, has been taken by Parsons as
evidence of an intention to evade re
sponsibility, and Lymer has, therefore
written out a statement to The Adver
tiser, winch is published below.
Will File No Brief.
Meantime, Parsons has written t.
Attorney General Lindsay, asking hin
to file a brief. After going over the
records in the case, Lindsay replied
to the Judge that the attorney-general'l
department did not consider that an!
brief was necessary. Again Parsons
wrote, asking the department to file
brief, and again the department re
fused, on the ground that only ques
lions of fact being involved, no briei
was necessary
Meanwhile, Carl Smith himself hat
fled no brief, but finally he did file ONT
that looked as if it had been concoctet
over night and that contained not ;
single reference to any law case il
point or otherwise. Mr.. Lymer wen
over it and could make nothing of it
He turned it over to his chief, and Mr.
Lindsay could not understand it. TIL,
brief was referred to Governor F'rear
and it meant nothing to him. Acting
on the advice of the Governor, the at
torney-general once more wrote to tn
Judge, advising him that the Territor.
had no intention of fling any brief, be
ing content to rest its case on the evi
dence.
Still Delays Decision.
And in the face Of that, Judge Per
sons wrote that, of his own motion, h
had granted the Territory thirty day
in which to file brief. Now, the Tel
ritory does not want. thirty days; j
wants a decision.
| Yesterday there came communities
ton from Parsons stating that he ha
allowed another party to the suit
named Wise, until the first of June t
file brief. Thus the decision is sti
being held up.
Will Demand Decision.
The attorneys generals department
authority for the statement that,
Judge Parsons does not render dec
sion within a reasonable time, the d.
lpartment will apply to the suprem
court for a writ of mandamus to con
pei him to decide the cause. Further
more, if the decision is adverse to tn
Territory, the attorney general will al
peal the case to the supreme court, fO
the government officials contend tina
they have perfect case and do nc
intend to abide by any adverse dec
sion.
The correspondence caused by TIL
Advertiser interview of April 8 is 6
follows:
e'Honorable G. F. Parsons, Judg
Fourth Circuit Court, Hilo, Hawai-
4 "Dear Sir:-I wish to address yO
on matter of some Importance whic
has only recently come to the know
edge of the present officials in the d
partment, and request of you whatevt
information you may have on the SUI
ject.
81 find that during the year 19(
you were boundary commissioner in al
for the third and fourth judicial CT
cults of TINS Territory, and that the
was pending before you a certai
boundary dispute entitled I'm the Ma
ter of the Boundary of Sections 2 al
of Kahua 2, District of South Hilo, ]
land and County of Hawaii, upon IL
Petition of the Pepeekeo Sugar Coz
: pany, a Corporation So far as l a
: Eaware, there has never been any fin
ing by you as said commissioner, q
though the hearing was had nearly fo
years ago, the evidence for both sid
, having been fully submitted and fin
; ing naturally anticipated within fe
months, at most, from the conclusit
of the said, hearing. 1 further undo
stand that the showing made by t
Territory was very satisfactory.
"Will you kindly advise me as
the present status of this boundary d
pute and the reason for the long deli
in closing up the matter, and with
what time we may expect a finding
, you, as said commissioner, as to t
boundaries in question? Very respeC
fully, WILLIAM b. LYMER,
. "Deprty Attorney General. "
The reply to this letter was as Fl
4 lows:
!. "Hilo, April II, 1910.
; civilian B. Lymer, Esq, Deputy A
: torney-General, Honolulu, Hawai-
i IT. o