The Hawaiian gazette., 1911-12-26
KURAIAU CASE IS
UP IN ANSWER
Demurrer Filed IN LuOas Case
Tor Having Banana Plants
After Nov. 9.
tFrom satarday'l AdvertIser.l


mus Of Robert Horner which tho Ku-
kaiau Plantation Company, Limited,
and Albert Homer, it's president, fled
with circuit court yesterday afternoon,
several statements appear which put a
different phase on the question OF the
legal fight between Robert Horner, vice.
president Of the company and manager
of the ranch, and Albert Horner, presi-
dent Of the company and manager Of
the plantation.
Tie answer states that since 1909,
the annual meetings Of the company
have been held in the month Of Feb
ruary, the change from October being
made at that time, and that both Rob-
ert Horner and Albert have had their
salaries raised from time to time at
these February meetings and have ac-
cepted such raises.
Further, it is declared by Albert Hor.
ner that on request of Robert and two
other stockholders, he called meeting
for December 4, but that when the day
arrived none of the three who asked
for the meeting were present and so
nothing was done. On the same day
the president issued a call for the an
nual meeting to be held on February 20.
Besides the answer of Albert Hor-
ner, there are answers of other officers
of the company telling of its affairs,
and the letters and calls for the meet
ings are made part of the answer,
attached as exhibits.
A. Haneberg in his answer tells that
there are $500 acres in cane on the
plantation, and on the ranch are $500
head of cattle and 800 head of horses.
1t would take six weeks to make an in
ventory Of stock and equipment of the
plantation and ranch so that the figures
could be available for presentation at
the regular meeting, and it would not
be feasible to hold such meeting un-
til after the last day of December when
all contracts and other business papers
are made to terminate.
No argument was made by either
side yesterday, the matter going over
until Tuesday for argument and answer
by the petitioners.
More Banana Case.
Attorney f. G. Peters, on behalf of
his client George Lucas, yesterday filed
q demurrer to the amended complaint of
the Territory charging Lucas with hav-
ing banana plants on his premises after
I INONCAiObI tuo Qdy bAO UOaAQ VI
health order went into effect.
There are four grounds given for the
demurrer; that no offense is charged
against the laws of the Territory; that
no facts sufficient to constitute an Of
Tense are stated, no notice was served
and no evidence is given that the de-
PENDANT failed to obey any order of
the board; that the regulation is void
in that there is no authority in law
for board of health to make such q
4 regulation, this power being given when
there is failure to abate nuisance af-
ter being ordered to do 30, and it
specifies water where mosquito larvae
breed; and last that the regulation is
Unconstitutional being in violation of
the fifth and fourteenth amendments of
the Constitution, is an unnecessary and
arbitrary arbitration exercise of police
power, and deprives defendant of prop
erty without process of law, and is TAX
ing Of property for public use without
compensation.
First Case Is Divorce.
The first case to come up in the old
Z. M. C. A. yesterday was divorce
matter IN Judge Robinson Is court when
Thomas Dunn, naval pay clerk, was
granted freedom from his wife, Clara
Keidlin Dunn, on the ground Of deser-
ton.
Tho decree set forth that Mrs. Dunn
should have the custody Of the six-year-
MD child during her minority and that
tho husband should pay monthly sum
of twenty-five dollars for her support.
This money comes direct from the
navy department by assignment of that
much of Dunn Is monthly pay.
4 Partly Satisfied.
In execution of Judgment against t.
Hirai, Sheriff Henry turned in $61.40.
This only partly satisfies the Judgment.
This Judgment was given Won Hamm-
Young Company, May 8, for the sum
of $500, but the full amount could not
be obtained by the court officer.
| Light Calendar.
Cases on the calendar for Judge
Robinson's court this morning are two
divorce matters, annual accounts to be
approved, and the matter of the guard.
ianship Of Maud X. Cr0well.
l A..