Honolulu Republican, Volume IV, Number 506, 25 January 1902 — BATTLE OF BEER NOW BEGINNING [ARTICLE]

BATTLE OF BEER NOW BEGINNING

Liquor Men Congregate in the United States District Conn. LICENSES OF PfilWO ABE ATTACKED ANOTHER ALLEGED SILVA HEIR OR PLNCHAL. MADEIRA. IS HEARD FROM. Attorney Colonel Tborra* Fitch’s Fee* are Questioned —Commissions Charged by Him Above His Retainer Fee are Stated —Will of Frank Brown Filed in Probate. a t Th»- brer war commenced in the Unit'd States District Court yesterlay morning, the local general liquor deal’ra being greyed against the 118 Honolulu bee* licenses. Ift The >*«• shows every sign of being of h hard fought one and one full of in-init-yf and knotty problems over t whii h astute h-gal lights may vent , their eloquence to their hearts’ dee ' T.i< liquor dealing fraternity was generously represented In Judge E.i :<-e'? court yesterday when the case' was opened. There were big dealers and little dealers, men who make it their business to »ee that those who have the money wherewith to pay I ne. l not g i thirsty for liquid refresh- 1 m< nt of exhilarating nature. The Combatants. Attorn ys A G. M. Robertson and I J Dunne appeared for the plaintiffs, Macfarlane & Company. H Hackfeld A Company. Hoffsehlaeger A- Company. I’eacork & Company, and L. H Dee, while the Treasurer of the T-rritory, respondent, was repu sent* d bv Judge Silliman of the hrm of Hatch & Silliman. The plaintiffs in the ease are seek g t» havi declared unconstitutional the Hawaiian statute under which Territorial Treasurer William H Wright Issues licenses to sell Honolulu brew-d "Primo" beer at $25" per year, while other n tail liquor licen 'i s, undf r which other beer can be sold, cost $1."00. Treasurer Wright Testifies. Tic first witness called to give his testimony was Treasurer Wright He answered the questions put to him miring an almost ceaseless fire of objections. His testimony was to the effect that the first Honolulu beer license had been issued by him on July 1. 1901. He had issued 1" in July. 10 in Sep--1 1 tuber and V v.-m her. making 25 in all. When Dunne asked Wright about th* location of these 25 saloons. Silliman made objection and his objection was successful. Dunne said that he wanted :o show that th=> places of the plaintiffs had been surrounded by small comp' ting places licensed by the defendant, as away of showing how the plaintiffs had been damaged Wright testified that he had refused $250 licenses to the plaintiffs. He said that the plaintiffs wanted to sell beer produced outside of the ; Territory under licenses at $25" per year. Wrignt claimed that under the statute he could not issue a license for the sale of any beer except that made in Honolulu, under the licenses sold for $250. A. Hocking and W. C Peacock also called to testify. Peacock went over his sales for the last three years. Peacock and Hocking were recalled in the afternoon. When court adjourned for the day L. H. Dee was giving his testimony. Another Heir Heard From. Attorney J M Viva* yesterday morning fip-d an affidavit in the First Circuit Court made by another supp s-d relative of the late Jose Antonio da Silva, an old Portuguese who was poisoned by some of his own wine In November. 19"". The newly ... c. ’ Sl '•r. d relative makes a mark for in r>| , r Mg-ai ;re and i. th° 51..->•*" left by the deceased The affidavit is as follows: Ic w< "Kingdom of Portugal. Island of od's • Madeira. Cltv of Funchal, ally I "I. JacT.tha da Silva, residing in all th’ Cit' of Funchal. Island of Ma- . 'elra. being duly sworn depose and I C A '*• &s follows: My name is Jarintha da Silva I -noon n t j, e sister of Jose Antonio da Silwlll di. who died at Honolulu. Hawaii ind Chlierritory. United States of America. All men i'fate. on or about the ISth day of s er, 1900. There are no sis * than myself, or brother*. p y *ant* of sisters or brothr or mother, of Jose Anthe Catholic Benev, a f oresa },j m)w living, be held at the Cath j ?ar o( , t on Monday evening ier Mark! DA SILVA and sworn to before ay of November. 1901. w j S. Consol.” uatneaa meeting of' G '« r * Decree. Young Men’s lnsti-*» r attorney ~ fc _u -atonia da Silva, widow. Karmon\ hall f p, . da Silva, sister of deinw” ' 1 ** bjr his ■ ttora *y- J - M ,us * ’^apel.

Vivas. given notice cf motion to modify the decree of Judge Oar awarding 1 the distribution of the property entirely to the widow also to fix the | compensation which should be paid to Attorney Thomas Fitch, sayiac that he pa, 1 Fit h a retainer of $15 ; that Fitra received f -om the court the share tel nglng to the widow and 'hat he a! so roll 0 -ted from the court certain «atns to b° paid the a “ant and beside? retainer mentioned icharged affiant twenty per* f n t on such sain? a'so charging the same , of p-ai estate t-lonaing to the heirs of the deceas'd. Fran)< Brown’s Will. The will of the late F'ank Brown was filed in the First Circuit Court yesterday. The nephew of the fie j ceased. H. M Von Holt, is named as , executor to serve without bonds. : Cecil Brown is made trustee. Certain items of personal property are bequeath'd to employes and the remainder of the estate, real, persona! , or mixed is 1-ft to the widow Mon day. March 3. has been set for prov me said will. To Sell Stock in Hand. Motion for leave to sell the stock in trade of the late Frank Brown has been filed by H M von Holt, temporary administrator of the estate. The stock in trade is situate in the premises which were occupied by Frank Brown on Merchant street, the business being carried on under the name of the Hawaiian Wine Co. The estate of decedent is said to be insolvent and the stoos in trade is said to be of the value of between I15W and 12000. The estate including in jurance jadicy is valued at $3500 or thereabouts. Alimony is Denied. Motion for alimony in the divorce case of John De Greaves against Caroline De Greaves was yesterday denied by Judge Humphreys and libellant was ordered to pay libellee’s attorney a fee of $5" and to pay $10 for expenses of trial, to be paid with- ' in t‘>n days. The February Term. Early next week a venire will be ut for a grand and trial jury for the February term of the First Circuit Court, the term beginning a week from Monday. It is expected that there will be three circuit judges on the First Circuit bench during this term. The calendar will contain nearly four hundred ca.'es in all. Another Citizen Made. Francis J. Behr. a subject of Ger many, was yesterday made a citizen of the United States by Judge Estee. Behr is a second lieutenant in the!! United States Army, having served | three years. He is now at Camp Me Kinley.