The Hawaiian gazette., 1911-06-02
IS IT INVASION OF
PARDONING POWER?
SUPREME COURT WANTS SOME
MORE ARGUMENT ON CUM.
MINIS REFUND ACT.
lFrom Thnr.darla Adrertl.erl

The supreme court yesterday notified
Attorney General Alexander Lindsay
that IL desired further argument in the
ohm A. Cummins case on the question
as to whether or not act IA, under
which the legislature granted $4,000 as
n remission OF the fine paid by Cum.
minis, was not an invasion of the par.
doning power. The court desires to
hear views on the question whether
the legislature, in enaeting the measure
refunding the money, has not attempted
to assume the pardoning power which
under the organic act lies wholly with
the Governor. Cummins pleaded guilty
to misprision Of treason and was SEN
fenced to serve a term in prison and
to pay a fine of $4,000. The Jail SEN
tence was RENTED and after several
years of agitation on the part of Cum
minis the legislature, at its recent SEES
sion, decided that he should be repaid
the $4,000. Territorial Auditor Fisher
refused to make out a warrant for the
amount, he, presumably, acting on the
advice of the Governor, over whose veto
the legislature passed the act.
Sues Administrator.
Miss Emile l.. D,Herblay Of New
York is still seeking that SOS, 4S0 which
she claims the late Col. Samuel Norris,
for many years owner of the Kahuku
ranch at South Kona, owed her.
Through Attorneys Magoon g. Weaver
she has started suit in the circuit court
against George O. Hewitt, as admins
traitor of the Norris estate, for 600
and interest at six per cent thereon
since September 13, 1892.
Miss D'Herblay alleges that on the
date mentioned Samuel Norris delivered
to her in New York, two promissory
notes for $4,000 each, payable after
his death, with interest at the rate
stated. Norris died on July IA last
and Administrator Hewitt advertised
for creditors to file their claims. The
d 'Herblay demand for 100000 odd, rep.
resented by the sum total of the two
notes and interest, was rejected by the
administrator on April "a last, so plain.
tiff has asked for a jury trial.
Shortly prior to his death Norris
decided his valuable ranch at Kahuku
to his foreman for a consideration Of
! $1.OO, the deed being witnessed by
Hewitt and several others. The gener.
ally accepted value of the ranch il
The relations of the late Samuel Nor.
ris and Miss D'Herblay were more OF
less fully exploited at the time of =
suit fought through the Hawaiian
courts some time back when the New
| York woman sued for large sum on
account of money she. alleged she had
advanced to the rancher. Incidentally
she asked for damages for breach Of
! promise of marriage. Her claim on that
occasion was ruled upon adversely by
the territorial supreme court 1t was
asserted that Miss d 'Herblay grub.
staked Norris when he came West ia
seek fortune. The rancher Is defense
was that the claimant was an imposter
White Slave Case Postponed.
George @. Bertram Is prosecution un.
der the white slave act will not be start.
ed for at least ten days. The case was
called in the federal court yesterday
morning and Bertram' IS attorney asked
for an additional ten days for his client
to plead. Judge Clemens allowed this
Meanwhile Bertram is out on bonds OF
$4,000, put up by two sureties. Bertram
is the first white man in the Territory
to face trial under the white slave act
recently enacted by congress.
Charlie All Mau, who was indicted
by the grand jury on felony charge
and who, when brought here from Kau
al, pleaded not guilty, changed his plea
in the federal court yesterday on the
advice of his attorney, Leon NJ Straus
to one of guilty. During the trial OF
the island of Kauai, wherein Bertram
was charged with a felony, Charlie AL
Mau took the witness stand and test
fled as to his own relations with the
Japanese girl mentioned in the action
who herself is under indictment for al
legged perjury. Sentence on Charlie AL
Mau will be pronounced later.
Must Pay on Notes.
Second Judge Whitney of the circuit
court yesterday handed down q decision
in the case of Edgar Henriques versus
Chris. j. Willis, defendant, and City
and County Auditor James II. Bieknell
as garnishee, finding that Willis is in
debted to plaintiff in the sum o!
$4,000 and attorneys commissions ant
costs, by reason of the defendant I
failure to pay three prOmissory notes
Willis is an assistant engineer in thI
employ of the city and receives $15t
per month, for which reason AuditO
Bieknen was named in the suit so thai
the defendants salary can be gar
nisheed.
James w. A. RedhOuse is suing for {
divorce from Emma Redhouse. AS tn,
latter is supposed to be at McCook
RedwillOw county, Nebraska, Judg
Robinson yesterday ordered that paper
be served on her there notifying he
that the hearing win be held on July 81
Mary Aki has asked for an orde
against Frank Aki that he show caus
why he has not paid her $50 montl
alimony in connection with suit 70
separation.
Alleging desertion Hama Iaea ha
. started suit in tho circuit court agains
! Henry Iaea for divorce. They hav
four children.
SUPREME COURT AnrENps Ru1T