The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-09-27
TAX CASE RULING
FOR TERRITORY

The Territory won victory over
the Waikiki plantation in the supreme
court, yesterday morning, when Chief
Justice Robertson made a ruling re-
scinding the motion granted the plan
tation some time ago permitting it to
introduce new testimony in its appeal
against the $4,250,000 tax assessment
levied last spring.
The ruling wGs made after evidence
had been introduced by Judge Wilder
and Deputy Attorney. General Smith,
acting for the Territory, showing that
Richard Ivers, secretary of c. Brewer
& Co., and the witness whom Attorney
Prosser, acting for the plantation, had
desired to place on the stand, was
available at the time of the first hear
ing before the tax appeal court at Wal
luku last June.
According to the testimony the Wal
luku company had taken it's appeal to
the tax appeal court, then sitting at
Waikiki, before June 20. At the same
time Richard Ivers was on Hawaii and
declared that he was unable to get
away in time for the trial and had ne
elected to notify the parties concerned
Evidence Omitted.
After the decision had been made
by the Tax appeal court against the
Wailuku company and the territorial
assessment of $4,250,000 had been held
to be valid, an affidavit was made by
M. F. Prosser that Mr.. Ivers had been
unable to attend the hearing and his
evidence, which would have had impor-
A,, han ~ h. ho1
to the plantation. Motion was made to
introduce this new evidence. This was
granted by the supreme court and the
hearing set for yesterday morning.
Attorney PrOsser represented the
Mani plantation and Attorneys Wilder
and Smith were there for the Territory.
Mr.. Ivers was put on the stand after
short display of fireworks between
Attorneys Prosser and Wilder and ex-
animation regarding Iyers where
abouts at the time of the first hearing,
was commenced.
According to his testimony on direct
and cross examination, Mr.. Ivers had
been available at the time of the first
/ hearing. although he claimed that i'll
ness prevented his testifying.
! At the end of the examination, At
torncy Wilder introduced motion that
the original motion of the court be re-
scinded on the ground that Mr.. lvers
/ hid been available at the time of the
trial. The resembling of the original
motion followed.
Ruling Rescinded.
In rendering his opinion and that OF
his colleague. Justice De Bolt, Chief
With the return from Honolulu yes
terday of two of its members the most
important board of officers ever Assem-
bled 10 consider the military detenses
of the Hawaiian Islands has completed
ita labors after FIVE weeks OF diligeni
work, the results of which are awaitel
with keenest interest
Tho war department soon will receive
the report of it, experts advancing
their recommendations
Lieut.. Col. John 4, Morrison, Twenty
lrst Infantry, aud Maj, George Blake
lrN, Coast Artillery Corps, ~ ho arrive
here on the steamer Ventura, have beer
La work with Brig Gen, M ~ Maeoml
and Mai W. v Mooten Of the depart
ment Of Hawaii, studying the man,
problems Of defense Tor the most fifa
ieRie Hnd important post under thi
|nfmY'a jurisdiction Surveys ~ ever
inch " the Territory in general and ihl
leland u OAHU in particular hegr heel
made Ia this hoard and daily eonfid
erred 10 secret session.
! Mai 0rn, Arthur nuuaf, eemWHNi
lag he Hrai9fA division, Hhe madf NJ
sshevrlire study " cha gsnelpi ~