The Hawaiian gazette., 1911-06-13
MAGOON ATTACKS
SUPREME COURT
CALLS ONE OF IT'S JupoNrENTs
BOTH PERN1CIoUs AND
VICIOUS
tFrom saturday . Advertl.er.l

"Vicious aud pernicious," was the
way Attorney J. Alfred Mogoon re-
fcrred yesterday to a judgment Of the
supreme court. His remark was made
during the course Of an argument as
70 the standing OF his client, Amy
Helene Thompson, a minor, IN the Wal.
kiki condemnation proceedings
In the course of the same argument
the interesting question was asked by
Attorney Olson, care grandchildren
children under the law of descent, or
are they merely descendantsin
For the ground at Waikiki which the
United States desires for fortification
purposes the government is willing to
pay $4,000, but the several parties in.
terested demand about twice that sum.
There is a dispute as to the rights of
Magoon s client, and in order that tins
might be settled first Judge Clemens
yesterday excused the jury until next
Tuesday morning and heard arguments
on the claim that the Thompson minor
was barred.
Many Authorities Quoted
Decisions by the yard were quoted
by Attorney Olson to uphold his con.
tention. He declared that Magoon g
client was precluded by reason of a
| Judgment in the circuit court, during
probate proceedings, which said that
the Thompson minors, Amy Helene
Thompson and her late sister, had no
title to the premises now sought to be
condemned by the United States. Mr..
Olson quoted so many authorities and
referred to so many different relation.
ships that he felt compelled to remark
that cit s rather complicated, fact
which was distinctly patent to every.
body in the courtroom, including the
lianitor.
90 How can any of these minors, or
any one of them, come in here and ask
this court to declare that she is en-.
titled to premises which the circuit
court and the supreme court have de-
clared does not belong to them7" asked
Mr.. Olson.
Mr. Olson, in pressing his claim that
Mr.. MagooR's client had no standing in
court, referred to decision in the cir
cult court, upheld by the supreme
court that Amy Thompson and her sis
ter were not entitled to part of the
land which is sought to be condemned.
He insisted that, by reason of that de-
cision, Magoon IS client was barred for
ever from making any further claim to
the land.
Vicious Document
This argument, and also the decision
itself, were vigorously combated by
Attorney Magoon. Said he:
'With all due respect to the supreme
court of the Territory, think that is
about as vicious n document as has ever
been promulgated in any court, and ]
do not think your honor is bound to
follow it. The court having absolutely
mo- jurisdiction over real property, held
that decree regarding the property
was binding on heirs who were never
heard in COURT
He denied that the judgment acted as
a bar. cit is against reason to say
such decision shall be followed BY
this court, he asserted. ''Your honor
is free to decide according to what the
true thing is, and You are not bound
to decide by the decisions of the su,
preme court of the Territory. 1 ask
your honor to exercise your independ,
emf Judgment"
Later he spoke of the Judgment Of
the supreme court as pernicious, and
said he could not understand how courts
could make such mistakes.
Judge Clemens reserved his decision