The Hawaiian gazette., 1911-09-08
0I1TIRE MINUTES
HAVE STRANGE SOUND
Flatlerlnu Titles Raise Smile IN
Court Of Land
Registration.

I
read in Judge W. j. Rohinson's court
room yesterday. The auditors, mainly
leading lawyers Of the city, smiled as
the long winded titles were read out,
while Judge Robinson had a joke at
the expense Of the ghost Of the late
John Young. A privy council minute
Of May, 1850, referred to Young as
His Highness John Young" A later
minute Of August the same year spoke
of him as ellis Exeelleney. John
Young" "They took John Young
down a peg in that" remarked Judge
Robinson. ..s
The Judge showed he didn 7 think the
minutes cut much ice because he re-
fused to allow them to be put in as
evidence on the part of the Territory.
Ancient History. Dug UP.
The case in which all this ancient
history is being dug up is one regarding
claims to water frontage at Lahaina,
full details of which were given in The
Advertiser some time ago. The land has
an. area of about two and one-quarter
acres and is claimed by the Territory.
This claim is disputed by the Bishop
Estate and other claimants. Officially
the land is known as Pa Pelekane, and
the Territory is seeking a Torrens title
from the land court. Arthur G. Smith,
deputy attorney general, is conducting
the fight for the Territory, the claim of
which is set forth as follows:
| 1.,A
tanned title to the said property on
August 20, 1850, by a resolution of the
privy council reserving and confirming
the said Pa Pelekane as government
property, said resolution being on file
in the Office of the department of pub
| lie lands of the Territory of Hawaii in
volume 8, page 427, of the privy council
records, and the Territory of Hawaii
obtained title to the said property by
virtue of its political succession to the
said Hawaiian kingdom"
Many Interested.
Occupants of the disputed area are
the Pioneer Hotel Company, Ltd, as
lessee of the Berniee P. Bishop Estate,
for hotel purposes; II. Haekfeld & Co.,
Ltd, as lessee of the same estate, for
the purposes of lumber yard; Goo Lip,
lessee under F. G. Achong; Chan Wa
J and Shinamura, lessees under the estate
of Elizabeth K. Nahaolelua, deceased,
for retail storekeeping; Sing Kee, lessee
under Achong, for coffee shop; Sato
and Kamaia, lessees under Aehong, and
Kimnra, under Bishop Estate, and Olo-
motto and 3. Tail, under Nahaolelua
Estate, all for fish markets; also the
/ Territory of Hawaii, for street, park
and wharf purposes, and the United
States of America for lighthouse pur-
poses.
Answers to the citation are on file
from Pioneer Mill Company, by Thomp-
son, Wilder, Watson 6 Lymer; Mrs. r.
G. Achong, widow of f. @. Achong
claiming under trust deed of her hus.
band to James c. Beissel. by J. Light.
foot; Goo Lip, lessee; w. o. Smith,
administrator of the estate of Elizabeth
n. Nahaolelua, by Smith, Warren &
Hemenway; Henry Nahaolelua and sew
en- others, children and heirs-at-law of
Mrs Nahaolelua, by Castle & Withing-
ton; trustees of the estate of Bernice
Pauahi Bishop, deceased, by Holmes,
! Stanley & Olson, and James O. Beissel,
trustee, by A. d. Larnaeh. They all
deny, with one exception, and that only
TO portion of the land, that the Ter
ritOry has any right, title or interest in
the property
Minutes Ruled Out
When Deputy Attorney General
Smith, for the Territory, sought to in.
troduce the minutes of the privy coun-
ell, Arthur A. Wilder, for the Pioneer
Mil Company, objected. He claimed
the privy council had no power to deal
with land. Judge Robinson sustained
the exception and an exception was
noted. Several exhibits were allowed
in temporarily, subject to motions to
throw them out later.
i Demnrrers Filed.
Mrs. K. Brown. Arthur NJ Brown,
Blanch and John. Walker fled de-
murrer yesterday, through their attor-
neys, Thompson, Wilder, Watson q
Lymer, to the bill for an accounting Of
Henry G. Hapai, Alice Hapai and
George w. A. Hapai. The Jurisdiction
tOf the court of equity is first attacked.
II is also claimed that the bill Of com
plant Isl Ambiguous because the nature
of the interest claimed by the Hapaia
to have been held by them in the real
estate described in the bill for an ac-
counting, does not appear.
The Hawaiian Dredging Company
. through Attorneys Kinney, PrOsser,
Anderson & Marx, fled an answer yes.
terday to the bill of complaint Of Piet-
tro Braida, who is suing for 100000
damages for injuries alleged to have
been sustained while in the company
employ through the negligence of "a fell
low servant. The COMPANY enters a
general denial Of the allegations. e. G.
Peters represents ,plaiAtif.
AEprderer's Plea Delayed.
Self. confessed murderer Twogood
who killed his wife in "a garden, then
/, drove the body around town in stolen
hack, did not plead in Judge Cooper 4
court yesterday. The matter went over
until Saturday morning.
The jury was secured and the taking
i OF evidence begun In Judge whitney
, court yesterday In the case Of Kalamay
!. Lnamnn anaLn.l onlnnnn ALahDLnnn q II