The Hawaiian gazette., 1912-08-20
TAX APPEAL TO
SUPREME COURT
Wailuku Sugar Company De-
Clares Assessor and Tax
Board Want Too Much.

The appeal of the wailuku Sugar
Company from the decision of the tax
appeal court of the second taxation
division has been perfected and fled
in the supreme court. The sugar com
pany returned it's property for taxes
for the year 1912 at valuation of
So, 100000. This was increased by the
assessor to $4,5O0,000. The sugar com
pany then said it would accept an in
crease of $250,000 on its return, MAX
ing it $3,500,000. This the assessor
would not accept, but insisted upon
basing his assessment on the valuation
fixed by him. The ease was heard by
the tax appeal court for the second
taxation division, NJ. +. Prosser ap.
pearing for the sugar company and
Deputy Acknowledgement Arthur G..
Smith for the tax assessor. The court
decided that the valuation of the as
cssor was correct, and from this de-
cision the sugar company has appealed
to the supreme court.
Andrews VS.. Andrews.
The affidavit of Estelle Andrews in
the matter of libelants motion to
quash her petition that Lorrin An
drews be compelled to continue the
payment of aimony was yesterday
fled in the circuit court. The affidavit
alleges that the original decree fully
provides for the payment of alimony
in the sum of $75 a month. The aft
davit contains copies of several letters
purporting to have been written to
Mrs. Andrews by her former husband.
Super Before Grand Jury.
The federal grand jury met yester-
day afternoon. Among those appear
ing before it was General Secretary
Paul Super of the Y. NJ. @. A. Wheth-
er the jury suspects the association of
conducting lottery, selling liquor
without license or something else is
matter for conjecture.
Damages from Chauffeur.
Damages amounting to $4,000 are
claimed by Frank w. Hustace from An.
gus p. Macdonald in a suit filed in the
circuit court yesterday. Hustace al
leges that while riding a motorcycle on
| King street near Piikoi street he was
run into and severely injured by an au,
tomobile driven by Macdonald. The
| motorcycle was wrecked. Since the ac
| cident, he alleges that he has suffered
great pain and has been unable to work
steadily and that he has expended
| large sums endeavoring to be cured OF
the injuries sustained.
District Attorney Breckons expects
| to take up the next Makiki condemna
| ton ease in about four weeks. This
case will concern itself with the prop
erty now occupied by the Office Supply
Company. Mr.. Breckons expects to be
through with all the MalSiki site cases
by the time congress meets again
HPossibly, - he said, from the present
outlook, before congress adjourns.
Impossible Not Required.
When all the requirements of the
statute for the perfecting of an appea
are complied with within the time re
quired by law and the appellant does al
in his power to procure Transcript al
the earliest possible date, motion Il
| dismiss the appeal for failure of prose
cution cannot be granted. This, in sub
stance, is the opinion of the supreme
court i'll passing upon motion for ex
tension of time for filing necessary pa
pers on appeal arising in the case o.
Luce de Coito against Manuel de Coito
an appeal from the first circuit.
"The provision of Rule 2 of THU
court is that an appeal may in prop
err case be dismissed for want of prose
cution,p says the decision; "not tina
it shall be dismissed IN all cases of fail
ure to file the record within twenty
days after the perfecting of the appeal
The better practice would have been t.
have presented the application for th'
extension of time before the expiration
of the twenty days, but the extension
may nevertheless be granted subsequent
to that period. -