The Hawaiian gazette., 1912-04-12
LOCAL SUIT Goes
TO SUPREME COURT
TO Be SETTLED
Dentist Claim Involves Fifth and
Fourteenth Amendments to
the Constitution.
CFrom rhursday,s Advertiser.l

(from Thursday's Advertlser.)
Honolulu yesterday presented the
learned justices Of the Supreme Court of
the United States with suit over a
ninety-six dollar dentist bill, to be con-
sidered in connection with the income
tax, tariff and trust problems which
that august body is studying. In the
case of II. Bicknell versus II. L. Her.
bert, Chief Justice Robertson of the
supreme court of Hawaii, yesterday
signed the necessary order for writ
of error to the national court, and the
bailiff of the court proceeded to serve
the necessary papers.
The ninety-six dollar claim appears
to involve the fifth and fourteenth
amendments to the constitution of the
United States, according to the papers
on file. Both have to do with the
proposition of depriving any person Of
property without due process of law.
The main point at issue, as far as the
lawyers are concerned, is the validity
of a service of summons in June, 1909,
when Doctor Bieknell sued II. l.. Her
bert, naming William Henry as gar
| ulsUtG. I1tTDtTl Is uOW III Au5tEdlldy
and he was absent when the case came
up and went against him. He has writ
ten here telling his lawyers to fight to
the last ditch, hence the taking of a
ninety-six dollar case to the highest
court in the land.
Herbert was in business here up to a
few years ago, when he went to Aus
tralia. Though he was away when the
suit begun, he made short visit at
about that time. The papers in the
case were served, as far as he is con-
cerned, by leaving them cat his last
place of residence in accordance with
the statutes of Hawaii. The supreme
court of Hawaii held that the service
of the documents had been properly
made, and it is from this ruling that
the appeal is now taken to Washington
Law Point Involved.
An important law point is involved
according to the lawyers in the case
for the petition for a writ of error
granted yesterday by the chief justice
sets forth that the Hawaiian statute
regarding the service of summons
violates articles fourteen and five Of
the amendments to the constitution o.
the United States. 1t is urged thai
section 2114 of the Revised Statutes o.
Hawaii conflicts with both of thes,
, sections.
More Horner Letters.
"If the duty on sugar is removed
as is now strongly being advocated b.
r congress, the sugar industry of tn
Islands is doomed. With the high prize
! of labor and no protection, we will no
be able to compete with the othe
( countries when they have cheap labor. ,
The above is an extract from lette
} written last August by Albert HorneI
manager of Kukaiau plantation ant
j one of the prominent members of tn
Hawaiian Sugar Planters Association
i to his niece in San Francisco. 1t wa
introduced in evidence yesterday in tn
} course of the discrimination o
Homer by Judge w. L. Stanley, in tn
I case of Horner versus Horner. 1t wa
D a part of a letter in which ALDER
!. Homer discussed with his niece tn
question of the value of her stock an
4 whether she should sell it.
!. The cross examination of Homer con
!. tinued all yesterday, with several NOR
documents placed in the record. TIL
!. case continues to be very sharpl
fought, and the controversy is stil
4 largely over whether Davies & CC
sought to buy Kukaiau and used ur
fair means to force the holders to sci
Case Six Years Old.
r. Circuit Judge H. E. Cooper yesterda
heard what the litigants hope is the las
stage of the case of Esther N. Pilip
4 versus Nettie L. Scott, an action begu
over six years ago, for $1113 rent a
" legged to be due for lands in Kona.
was started in Kona, and transferre
Al to this court some years ago. Their
T, have been several changes of counse
b the case having been originally starte
with the late George d. Gear as couns'
D for the plaintiff, The trial will col
81 tinue today.
Supreme Court Hearings.
The supreme court has set for hea
ing next Monday the cases of Ami
CARVE versus the Bishop Trust Co
taxation of costs, and Mary Josephir
Bannister versus Mary N. Lucas. I'll
case of Alfred R. Henderson versr
A Charles s. Judd, land commissions
has been set for argument Wednesda,
This is the Hamakua homestead te
ease