The Hawaiian gazette., 1916-08-18
Supreme Court RemandS CeIe'
brated Suit Of Delegate KaIa-
nianaoIe To Lower Tribunal
HOLDS KUHI0 HAS NO
. RIGHT TO MAINTAIN II
Amendment OF Lorrin Andrews
As LiIiuokaIani's Next Friend,
Null and Void

Judge Nutouio Perry, attorney f."
Queen I.ilru"kulani, and J.. Banignn, Of
Smith. Warren & Sutton, attorneys for
the trustees under the trust deed Of tn,
Queen, won out hands down yesterda.
in an upinion handed down in the 81
preme court in the suit instituted
Delegate kuhio against Queen liliu'
kaIani for the setting aside and cancel
lation Of her trust deed of December
1909.
"Tbc ruling and order appealed from
is reversed. and the cause rpmandrd t.
the circuit Judge for Further proceed
inus not inconsistent with the view
expressed in this opinion.
The story Of the case is told briefly
in the preamble to the opinion handed
down in the supreme court yesterday
"Thp record in this ease shows, int
ALA, that on the thirtieth day of Nov
ember. 1915. Jonah KuhiO Knlaniana
ole. on his own behalf and as next
friend Of I.iliuokalani OOrmer Queer
of Hawaii filed a bill in equity aver
ring mental weakness on the part o.
the Queen. and a conspiracy and un
due influence on the part of the re
spondents Iaukea and DOminis, result
ing in the execution by the Queen OF
a certain deed of trust. on the sPcOn'
dav Of December, 1909, under which
the said Iaukca and DOminis wer,
among the benefciaries, and certain
subsequently, executed instruments pur
porting to confirm and supplement thu
trust deed.
Judge Stuart Was Vague
The supreme court holds that in seve
raj respects the circuit justice erred an
refers in one place TO his findings n
having been arrived at ''in vagu
sort of way
The highest territorial tribunal find
that Kalanianaolc had no right &
bring the suit: 1--WE think it is clear
therefore," says the court, "tlnt Kn
lnnianaole, as sole comDlai nant. ma
not maintain the suit since he has n
interest in the subject matter
The court also finds that I.orrin An
drews was illegally appointed by Judg'
Stuart as guardian ad Item to repre-
sent the Queen in this ease. The pro
per procedure would have been TO SHOW
first that the Queen was mentally in
competent
After a thorough and exhaustive re
view OF the action taken IN the lowe
court the supreme court savs. after d"
claring that Kalanianaole had no RICH
to institute the action:
Having gone TINS tar' we are I'm
PEELED to @" further
1--WE bPhev" that some or the mis-
IN tht,
taxes which nave been maze IN INN
case have resulted from an error mao
by this court.
Andrews Appointment Null
1.-THE appointment of Mr.. Andrew'
as guardian ad htrm was not author
Zed as the facts upon which the au
thority of the court I" maze such al
appointment depended were IN contro
Versey and remained undetermined.
1.-The answer ana cross mn hlen by
the guardian al llt"m Hh"u'u nave oeeh
strlrken from thr record Inc queen
was dismissed aS complainant ana
made party respondent at the time
that the amrNdm"nt t" m" hIl PnrPort
ing to aver mental Inr"mPrtenry IN the
Queen was allowed And assuming that
that aVerment c"uI hr held to he one
law, it is to b" regarded AS the aver
ment only of krIanlnuo"I" who is not
n property party t" the suit.
"The circuit ludg" may entertain al
application by some one asking leave
TO act as next friend Of the Queen fol
the purpose Of having her reinstated a.
the complainant in the case under the
original bill, and, in that event, the
question as to her present status anC
right to control the suit, or whether {
next friend should be appointed for
her, should be heard nreliminarily.
What Kuhio Prayed For
'The prayer of the bill was tha
all said instruments and a certain pow
er of attorney given by the Queen 4
said Iaukea be annulled and cancelled
and that the trustees be directed t,
(. reconvey and deliver the property DIES
eribed in the deed to the Queen.
t'Upon the bill process issued y,
( direction of the circuit Judge.