Honolulu Republican, Volume IV, Number 499, 17 January 1902 — WRIT OF MANDAMUS IS SERVED [ARTICLE]

WRIT OF MANDAMUS IS SERVED

Preparations Being Made for an Appeal to Send to Washington. H 10 JURISDICTION IS FILED * A 5E CF GOING TO THE UNITED STATES OF AMERICA FROM HAWAII. i.-,moni m Divorce Matter Returned Unierved Accompanied by Some Wording Which Does Not Credit Hawaii With Being a Part of the United States —Other Courts. X*x*‘ Katnalo ease cimr up before Ju-F' Humphrey* yesterday morning sq a motion to set the case for hearT.f of more testimony Attorney Hankey interposed a plea against the jurisdiction of tie court. Haukey %tat» d that the proceedings in the ijri'm* Court were not a part of f .L. ■ record of the cas»* and that a pro kirma ruling in the record was d«*sir *d by the deft ndants. from Judge Humphrey- on the question of his jurisdiction, the purpose of getting a-,/ h ruling in thi record being to save tin point for appeal to the ( nit* d States Supreme Court. Judge Humphreys -aid that he was r. ad> to carry out the order of the Territorial Supreme C art to the' ■ that ue hear the < as*-. To keep 11 ,,. recri! i straight, howiver. Judge H’.mpbn-.vf said h- would allow time ■ .■ tin preparation of the pb a and iy i?* matter was postpone ■cl until Sat- •.. lay morning when a date for hear•rg will be Set. Writ o* Mandamus Served. Eh, writ of mandamus issued by Territorial Supreme Court, or- >• ng t .a: Judge Humphreys hear c. » testimony in the case, lias .. r % d i-n Judge Humphreys. The writ is a long on and ends with the order that the case be beard, as follows: Whereas when the hearing of said ip:.c a) was reached in this Court, the < (endants pn sen ted a motion to t his • Court playing that this cause be re r and-d to a Judge of the Circuit r .-in for further hearing; and Whereas said motion was heard ST .; del idod by thi- G"urt remanding •aid . aus to th- Circuit Judge of the First Judicial Circuit with instrucII"!.- to rei eiv. -hi !i evidence as may v- t»ff<?red unde- the amendments to |' tigs and f b further prore.-dii a- may proper. \u<l “Whereas on the 17th day of De u.i-. r a D Iftl. the plaintiffs by th< ;r atiortii" - appeared before you for the purp. - of proceeding with the hearing of this . ause under ?aid (eeiaion of this Court, and ■'Whereas at -aid lime and place . refus'd u ;u‘oc'«‘ed with the hearing of said cause in accordance with ( 0. said ieetsion, and " Refused to Proceed. Whereas, heretofore, to wit. on the ISth day of December, A. D. 1901. it appeared upon the complaint of L. H iv. oue of the plaintiffs in this action, that you did refuse to proceed with th«* a. a ring of said cause in (. cordance with the decision of this Court, w hereupon this Court at the ■aslance of said 1.. H Dee granted a rule requiring you to show cause, if any you had among other things, why a preempt cry writ of mandamus from lb:s Court -hould not be awarded and issued to you commanding you to receive such i vidence as may be of fend the amendments to the pleadings and to take such further proceedings in this cause as may be consistent with the vEcs expressed in said de. -ter. of this Court And Wit teas at a- --..n of said Supreme Court h.-.d at Honolulu in Jan iH-y 19"2 you certifi 1 and returned sai.i Supreme Court together with raid n:lc that the alternative writ -sued by th - Court did not state farts sufficient to entitle the peti tiotiers to the rvli f sought. The Peremptory Writ. Whereas afterwards, to wit. at the same session of this court last aforesaid upon consideration of your said return and of the cause shown by you therein against the said rule beng made absolute, and against the awarding and issuing of the said writ .if mandamus, and upon consideration of vke arguments of counsel, as well «r your hi half, showing cause as aforesaid as on behalf of the said plaintiffs in support of th* said rule * was considered by this Court that you had certified and returned to the said Court an insuffb lent cause for having refused to receive sum evidence as might lie offered under the amendments to the pleadings la said action and to take such further pro *<«-dings as may be consistent with trr> views espressi d in the aforesaid 1. isiua of the Court ai d against th* awarding and issuing of the said wri* ef mandamus pursuant to the rule aforesaid; and It was also then and th*re and .here considered by the

.-aid Supreme Court, that the peremptory writ of the Territory of Ha waii issue, requiring and commanding yon. the said Judge of the said dr- , cuit Court. First Judicial Circuit, to receive such evidence as may be of f* r. d ua>r the amendments to the pleadings and to take such farther proceedings in said cause as may be consistent with the views expressed in our decision aforesaid; Must Receive Evidence. Therefore, you are hereby commanded and • njoined that immediately after the receipt of this writ, and without delay, you proceed to receive such evidence as may be offered under the amendments to the pleadings and to fake such further proceedings n thi? cause as may be consistent with the views expressed in our d fc t:-ion aforesaid, so that complaint be not again male to the said Supreme Court and that you certify perfect obedience and due execution of this writ to the said Supreme Court to be held on the first Monday in March next. •‘Hereof fail not at your peril, and have you then and there this writ “Witness toe Honorable W. F. Frear. Chief Justice of said Supreme Court of the Territory - of Hawaii, this 15th day of January in the Year of Our Lord. One Thousand Nine Hundred and Two. “HENRY SMITH. Clerk of the Supreme Court. Terri tory of Hawaii." Plea to Jurisdiction. Flea to jurisdiction has been filed in the case of Harvey k Hitchcock, et al„ against Frank Hustace. et al.. ( the Katnalo case, wherein it is said by respondent that Judge Humphreys is in person disqualified from furtner hearing said cause, and it is prayed that such order he made in Ihe premises as shall be appropriate to the plea, meaning that, so far as Judge Humphreys sitting as judge in equity; and at chambers has power in the premises. The Supreme Court. The cases of C. Brown, administrator. against the Equitable Life Assnrance Society, exceptions from Fi; st Circuit Court. Whiting & Robinson for plaintiff and Hatch & Silliman for de-fendant-appellant; the matter of the will of Nalimu N’aoiwi. exceptions from First Circuit Court. Magoon & Thompson for proponent and Kinney. Balli u A- McCianahan for contestants; and A. Schllef et al against Joseph Clark et al. appeal from First Circuit Judge. Andrews, peters & Andrad for plaintiff aad Russell A Wat sou for defendants appellant were ar gtted and submitted in the Supreme Court yesterday. The Supreme Court will not sit today, on account of the legal holiday. Three Unhappy Wives. Summons has been returned tinscrvvd in the suit for divorce of Alice a. Bryant against Edwin J. G. Bryant. Deputy Sheriff Albert McGurn makes teturn and says that he has made due and diligent search for the de fendant but that he could not find him within the Courts jurisdiction and from information he has learned that said defendant has departed for the "United Stales of America." Nothing is said as to what country Hawaii is a part of or whether the defendant is in Hawaii or not. It is not even mentioned whether defendant. In departing for the United States of America. went to Waikiki or Washing ton Bryant i? alleged to have deserted 'his wife in the latt°r part of 1599 and suit is brought on the ground of non-support. Attorney G K Wilder represents libellant. Order in Diverce Case. Judge Humphreys has issued an order in the divorce case of l,ahela Kuaiwa against Kuaiwa. to the effect that del* ndant pay $3 per week for the support of his wife to Lyle A. Dickey, her attorney, or into the Court at his option, and that he pay costs within two weeks and further costs as they accrue hereafter, and that within sixty day* he pay an attorney's fee of ?-'■ t Lyle A. Dickey. Amelia Aurndel has brought suit for divorce against Janies Aurndel. showing that marriage to k piece at Fain. Maul. June 23. lv“v and that libellant and ÜbeiKe lived to getfcer in Honolulu; that they have six children from 12 t, 4 years of ag? anil that llbell- e. luring the month .if September. IS'Hf wilfully and ut terly deserted and abandoned libel laut Summons in thi? . as has be- n returned unserved. Rol rt- in A Vt 1 er represent libellant Court* Closed Today. T day being the anniversary of the overthrow of the monarchy and a b gal holiday the Supreme and Cir- • cuit Courts will be closed Cases set for hearing today go over until tomorrow morning. Hamano Appeal Case. The case of the appeal of Hamano from the Board of General Appraisers at N r w York received a setback in the United States District Court yesterday morning as there was no tes timony to hand from the Board United States Judge Kstee made a ruling that he was sitting as an appellate court and could not take orig nal evidence. The onlv evidence on hand was a pair of Japanese Sandals m exhibit of th° articles over which ■he case arose. Th? court had made u order to the Appraisers to furnish the testimony on which their ruling was made and also for one of them to act as referee to take new evidence. The Board of Appraisers at New

York, in res pc ns- to the order made I by Judge Brtee a few months ago ' : sent its rulings and other proceed- j ings but no testimony. > Judge Estee said that the Court could not order a man to travel miles to take testimony concerning a pai» o' shoes, bat sad that an order would be made directing the Beard at New York to send its evidence. The papers will go forward by the next steamer.