The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1915-11-19
GOVERNOR RESENTS
STUARTS ATTACK
. lNMANDAMUSCASE
n3 n tS-A.L' ~ 49,.
Motion To Strike and Demurrer
T. Filed, Term Desired Order
As Vague
-
SUIT IMPERTlNENT AND
ScANDALouS, IS CLAIM
Land Commissioner Contends
Petitioner Has No Cause OF
Action In Premises

Tmmaterial, irrelevant, impertinent
scandalous, and a reflection on the con
duct of the Governor and his land
commission are the terms used in &
motion to strike and expunge from thu
complaint the meat and substance OF
the charges made by Circuit Judge
Stuart in the suit recently instituted
by him concerning the administration
Of the land laws by the local admins
tratiOn. $50.
A motion to strike and expunge and
demurrer to the writ of mandamm
against the Governor and Land Commits
soner Tucker were fled in the circuit
court at three o'clock on Wednesday
afternoon. Benjamin N. Kahalepuna
clerk of Judge Stuart s court, was 81
anxious to show the papers to his su
periOr that he took them to the Wdg'
for perusal without loss of time, OF
r"en noting on the Office blOtter that
they had been filed. -. -.
Kahalepuna returned the paper &
the files of the office of the clerk OF
the circuit court yesterday, when it be
came public that the documents haG
been filed. TO all intents and purposes
the latest "scraps of paper" in the
land war between Judge Stuart ana
Governor Pinkham lay dormant and
con the secret fle' unit, Clerk Kaha
Iepuna saw fit to give them the proper
place in the Office records.
Would Expunge Much
The motion to strike and expunge i
lengthy one, page after page beint
occupied with indented excerpts from
,oh ia
ed fully in The Advertiser immedia ely
after the suit was filed.
The Governor and his land commits
sioner, through Attorney General Stain
back, want striken from the writ all
reference to the Act of Congress in re
gard to the right of twenty-five o.
more persons making application TO
the opening of homestead lands. Tn
portion which says that the Governo
and the land commissioner have willing
ly violated the provisions Of law, have
failed and refused TO survey and opel
up the land, reference to re duty OF
the respondents and that part regardin'
frivolous excuses for their non. compi
ance, are to be expunged and strick
en-, if the motion shou:d be granted.
The respondents also want stricken
and expunged the alternative command
tLot certain tbings he done nv the Gov
ernor and the land commissioner to suit
thn exoctions and wishes of .Jud0e Stu
art The meat Of the motion appears il
tho concluding naraOraph. which reads
.Imnertinent And Scandalous'
UThis motion il based upon tn,
oropnJs that the said matters ana
thinds arc immoteriaI IRRELEVANT inner
t;nept scandalous. and n reflection O,
th., ropdurt Of the said RESPONDENTS. a
,,II;c oairiaIs and based further upol
an tho nIeoIinGs bereip ),
Nor is the affective section exhaust
cal !, the nora0Taub moted above, Tn,
Lsnmrrar sovs that the writ of man
Lomrs il Euncertain. unintelligible
yogna and amhipuousn and that il
Loes not -tote sufficient facts 70 consti
tnto a conse of action mr. entitle JudVe
Stuort to roliaf in the manner Draved
FOR
Tho domurrer furtber savs that Their
ia mot shown the existence of anv of
G.iol dutv on the mart of Land Com
missioner Tucker to perfOrm the acts
the indpe would have him enforce.
The Judge Stuart-does moi
show that he has any clear legal right
to have the land commissioner perform
the duties exacted of him by the Judge,
continues the demurrer, and that "n
is not alleged that the petitioner has
complied with all the conditions set
forth in the special homestead agree
ment therein referred to-"
Paragraph " of the demurrer SAYS
That the alleged duties sought to be
enforced are discretionary and not min
isterial and therefore not enforceable
by mandamus.
Many other objections
Others paragraphs of the demurrer
r.od ms follows;
That the said writ improperly
Joins separate and distinct alleged
rights and duties for the purpose of