The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1916-03-10
Trustees and Other Respondents
File Scathlng Answer To Dele
+ gates Many Charges
DlscoNTlNuARcE BY QUEEN
IN TRUST DEED CASE VALID
Jurist Holds KalanianaoIe May
Press Suit In His Own Name,
However

-
Queen Liliuokalani won and Dele
gate Jonah Kuhio KalanianaoIe lost
out in the supreme court yesterday In
important points at issue In the equity
suit brought by the Delegate to set
rs de the trust deed mado by the aged
Queen in February, 1910.
The court held that the presumption
of competency prevailed in favor of
the Queen and that she had the right
to file a discontinuance Of the suit,
insofar rs her name figured in it as a
party plaintiff, and as the record show.
ed that she did.
IL was further held by the supreme
court that the Queen having ceased
to be party TO. the suit in question.
Delegate Kalanianaole being the sole
complainant after she had filed her dis.
continuance, IL not entitled to main
tain the writ. sE"
'"For these reasons says the de-
cision of the court, "the temporary
writ heretofore issued herein is dis
charged
Kalsnianaole Left Alone
The status Of this case now 10 as
follows: Kalanianaole has a right to
maintain and carry on the suit for
cancellation Of the trust deed against
the trustees and Others mentioned as
respondents, but only in his own name
In this manner the action may go to
trial before Circuit Judge Stuart, be-
fore whom 10 has been for some time
and from whom il was taken up to the
atfE. IN nm Of he
earlier rulings.
name of the Queen describing him
self as "her next friend" and in
his own name. Queen Liliuokalani APP
pointed Judge Antonio Perry as her
special counsel and through him fled .
diseontinuanee Of the action, claim
ing that it had been begun without
her Knowledge or consent. IT,. -.
The supreme court 8 decision in tho
case, so far as il has gone before it,
is MS follows:
Tho Courts Findings
at'The court is prepared to make a
ruling in this case upon the phase Of
the matter as to which the arguments
were directed. .HH;
awe hold that tho presumption Of
competency prevails In favor Of the
Queen; and that she had the right to
file q d scontinuanee as the record
shows she did. ~ ~.
We hold, however, that the dis
continuance so filed by her was not
effeetual TO discontinue the suit as to
the complainant Kalanianaole, rs to
whose right to maintain the suit IN his
own behalf the circuit judge is not
without jurisdiction to determine.
"This court cannot, therefore, con
slider that point in this proceeding,
and il follows that the writ cannot
be maintained.
'""we further hold that the Queen,
as n compIa lnant, had the right to con,
troll the suit as far as she was con
errned, that her discontinuance was
filed as matter of right, and that
il operated of itself TO discontinue the
suit so far rs she Was concerned, and
that she thereupon and because OF -
ceased to be a party TO the aut.
"The statnte (R. l.. Sec. 26S9) pro,
viles that The defendant Who applies
for this writ shall apply by petition,
etc. Assuming that the word defend
ant is not to be taken literally, and
that under some circumstancesSa plain
tiff may have the writ, nevertheless We
are Of the opinion that the applicant
H'ust be a party to the proceeding
which it IS snu"ht to have restra ned
1.-The Queen having ceased to be q
party to the suit in question, KRlanian
aole being the sole complement after
she had fled her discontinuance, is not
entitled to maintain the writ.
''FOr these reasons the Temporary
writ heretofore issued herein is dis
charged
Respondents File Answer $751;. o.,
There was also filed yesterday in the
Office Of Henry Smith, clerk of the first
Circuit court, the answer of the respon
dents William o. Smith, Curtis p. Iau
kea and Samuel NJ. Damon, as trustees
ard of Curtis p. Iaukea and John A
pominis, as individual respondents, A
separate answer was filed by other re
snOndents to the suit, that is, benedc
iaries under the terms Of Queen Liliuo
kalani's trust deed. .s. ~.
The answer filed yesterday, including
mspy exhibits attached, cover 1873 type
wr item pages. 1t is signed by the re
siiondents and attested by their httor
neys, Smith, Warren q sutton.
The answer denies that the Queen al
WAYS treated KaIanianaole as 1T woal'
he natural 10 treat one closest kin o
thai she had always. maintained tn,
nlfRt friendly relations with the Dele
gate ID ALSO denies that, by reason o.
any hl0od relationship, royal connection
!, or friendship, or other reason, the Queer
had always consulted Or advised witt
the Delegate or depended or relied up
\ on him. ..
Many Dcnials Made EE =.
. hHt part Of the cOmplHint, that thl
Oukch III all times, or even generally
du, nc her life on sought the aid, advic'
ara sonpecl Of others than herself 70
! the aauaeement of her propbfty AM
fre ness is debiei 1t is claimed tina
80 ! The death Of the Queen 8 husband
John D. Dominis, She had, practically