Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-06-15
MRS. ATCHERLEY
LOSES HISTORIC
Fight FOR Land
Continued from page one)

"a, 1904. another phase Of the matter
having been presented. a final decree
was handed down. holding against
Levers a. Cooke, the company there
HpSn appealing 10 the supreme court
OF the United States. In 1911 the U.
s. supreme court rendered decision
affirming the decree OF the Hawaiian
tribunal ....... ..E...H
The next important development in
the case was an allied matter In which
virtually the same issues and points
Of law were involved. Mrs. Atcherley
was still fighting the Kapiolani es-
tate. The estate wanted an injunction
against an action at law and To de-
clare a trust, Mrs. Atcherley about
this time having been adjudged e.
bankrupt This phase or the fight also
went through the local court anu up
to the supreme court OF the United
States 80 the case OF the Kapiolanl
estate We. Mary IA. Atcherley.
Judge Robertson, chief justice OF
the local bench, wrote the major
fly opinion in the Hawaiian supreme
court decision. an opinion concurred
I'm by the associate justices with the
exception that Justice Perry dissented
In part In this opinion, Judge Rob-
erts0n, in a closely but clearly rea.
soned statement held that the supreme
court OF Hawaii In the Levers &
Cooke Csc had materially erred.
without eriticising the supreme court
OF the United States he reiterated his
belief that the local court had made q
mistake and, left il to the United
States court to take action II il should
agree with his sentiments.
At one point he said:
II should feel inclined to depart
from the ruling made in the Levers 4
Cooke case were we not bound by II
because OF its having been affirmed
by the United States supreme court. "
The main question involved, as ex.
planned by an attorney this morning,
was the legality Of the guardianship
of Kalakaua, and hence the validity
of HIS title 10 the land given him by
the chiefess Kaniu This was COM
plicated by the. fact that Kinimaka,
the Hawaiian who became Kalakafa's
guardian, had held the property as
trustee and his dealings with 1t, it was
claimed. had clouded the title In the
Levers e. Cooke case the court had
held that the land commission
award to Kinamaka, after considers.
BILE controversy, was binding as
against Kalakaua. This opinion Il |
was to which Judge Robertson dis
scented in the later case.
The later argument thus ceItered |
around the question whether the ties.
tainentary guardianship OF Kalakaua /
by Kinamaka was a@legal guardian.
ship.
In the argument before the supreme |
court at Washington several weeks
ago. Attorney Wilmington was able 10 |
bring before the courts q strong show.
Ing as to the legality OF the guardian
ship as well as to the trusteeship of |
Kinamaka. With the Robertson opin. |
lon holding that the Hawaiian coArt |
erred In the Levers e. Cooke decision, /
The United States court upheld the
Kapiolani estate as against Mrs.
Atcherley.
Now the presumption is that Lew.
srs & Cooke will be confirmed in their
possession OF the land so long a sub.
lect OF dispute. The effect of the
latest decision is that Mrs. Atcherley |
sannot eject the occupants Of the
premises. having lost her fight against
the Kapiolani estate.
Attorney Lyle A. Dickey, now cir
cult judge on Kauai, is Mrs. Atcher.
Iey's attorney. He went to Washing /
ton several weeks ago to argue the /
case. Castle & Wilmington and local /
attorneys IN vsrious stages Of the /
legal fight have represented the other
side.