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BISHOP & Co., BAXKSmS
Honolulu, Uawitlnn Msridr.
Dr.ic Etnnsoi? on IWe
And Heir '""it? I
hbw von, row- hono kono.
Mcj.it 3. N. M. Hoihi '( ul A Hon, London !
The Commercial Hani. Co., of (Sjiluey, i
Tho Commercial Bank Oo., of Sydney,
The KaiiV. ut New Zealand: Auckland,
ChrlsiLuurch. Mini Wellington,
Tko fi.ttib of BtltWU Columbia, Vlo-
toila, B 0., and lVttbwid, Or.
Transact a tiuaerar I'auklui; Business.
lltlH 1 v
'X1 1 1 10
Pledged to neithci Sect nor J'aity,
lint established for the hchefil of all.
FRIDAY, SEPT. 21, 1888.
THE AK! CLAIM
'Ik tiii. m-pnt.-ti cot irr or the iu
wuian w.mx 1 lyi.rrv.
HI 1 il!l l'lil -ION ,i.
A. II. Lou Nijawk ami Tout;
Choiif; ho;, , Kfuutotb of tho will of
T. Aki, ilt'uciiM'cl, vs. Alcvauder J.
CaitwrisjlU, Snuiuel AI. Damon and
CuitN 1'. I-iukeu.
The bill -.talei that on Hit- ."ith of
November, 1887, His Majesty being
indebted to I Iks complainants in the
stun of seventy-one thousand dollars
for moneys thetetofoie had and re
eked to the ue of said Aid did by
and with the ruhice and consent of
his entire Cabinet sirec with com
plainants that in consideration that
complainants would bung no'pro
ceedings and cause no petitions or
bills to be intioduced into the Ha
waiian Legislature in the premises,
all the estate of Hi- Alujesly with
certain exception?, and all (he
Crown J.find Revenues -liould be a1--signecl
to Saumel M. Damon, Cm lis
P. Iutikcn and Joseph O. Carter in
trust for payment oi said moneys to
complainants and that the Coinmis
.sionuis ol Ciown Lands being so re
quested and authorised by His Jlaj
osty agieed thetcto in respect ol the
assignment ot the Crown Lauds lle--venues.
'I'luitinouler to avoid all un
neeessaiy publicity concerning said
indebtedness to complainants, and
also a -5 a. matter ot ju-lice to such
other poison? a- then had claims
against the estate of His Majesty, it
was also agieed between complain
ants and His Majesty and His Maj
esty's entile Cabinet and the Crown
Lands Commis'-ioueis that the pio-ceed-
oi such trust piopeity should
also be applied pro mtu to payment
of such pther claims as aforesaid.
That the sole cause and puiposo of
creating such trust was clearly and
mutually agieed by and between all
the patties thcicm concerned as
aforesaid to be that the said indebt
edness to complainants should be
paid pro ratu out of the pioceeds of
the piopeity so to be assigned in
trust as aloresaid and that ihuicby
all publicity and all pioceed
ings concerning sud indebt
edness should be a vended. That a
deed of trust was on the -ist day of
.November executed and delivered
by His Majesty and by the Ciown
Lands Coininiosioneis to said Sam
uel M. Damon, .Joseph U. Carter
and C. 1'. Jaukcii a- tiustecs for the
uses, trusts and pin poses above
mentioned and said trustees accept
ed said trust and took possession of.
the trust premi-es thereby assigned
to them and were then acting as
such trustees with the exception of
said Caitcr who had since
resigned as such trustee and that
said defendant Csutwright had been
substituted and that said defendants
weie then the actual trustees under
said deed of trust. That said ori
ginal trustees and also said new
trustee accepted said tiust and took
possession of the premises thereby
conveyed with full know ledge of all
aud singular the matters betoio stat
ed and set forth and consented and
agreed at and immediately before
the execution of said tiust deed to
the payment of complainants said
claim as one. ol the then existing
debts of His Majesty out of such
trust moneys as should thereafter
conic to their hands and be avnihi
l)lo for that puipo-e. That within
three months after said Hist daj of
.Nove-mber complainants presented
to the defendants in wilting their
said claim for mi id sum of $71,000,
with intciesl theicon ami ieipieted
the defendants to appioc the same
in writing and to apply such mon
ies in their hands us should then or
thereafter he available in their
hands lor payment of His Majority's
debts to tho payment of complain
tint's snid claim pro xitn with tho
payment of Mich other ucbt ol His
Majesty as should be payable out o
Hiiid moneys. JJut that tho tlufeiid
anta absolutely refused to approve
wild claim or comply with said re
quest, or to
llrc same or any
and disapproved said claim. And
tho complainants submit that such
refusal of the defendants is a breach
of the trust created bv said deed
aud is a fraud upon the complain-
ants and they unbuilt Hint the de
fendants ought to be compelled to
approve said cIhiui and to pay the
same ;)i' rata with other debts of
His Aliijcsty the payment whereof is
in said deed of ltipt diiectcd.
The complainants by tlicit bill as
amended pray for a decree that tho
defendants do approve said claim
and pay the same pro rata with
other debts of His Majests the pay
ment whereof is in aid deed of trust
directed and ns allernalhe relief
that their claim of 871 000 be estab
lished by the Court, and that the
defendants be directed to pay the
same pro rata, etc.
The defendants, by their answer
as amended admit tho execution of
the deed of trust but deny that said
deed was intended for or was upon
the uses and ttusts named in the
bill and aei tho truth to he that
said deed was given Solely for the
benefit of those creditors of the
grantor whose claims upon examina
tion should appear to the trustees
to be just and whose claims should
be piescnled to them within tlnce
months of the date of the deed or
allowed by a Court of competent
jurisdiction. They admit the resig
nation of J. O. Carter and the ap
pointment ol the defendant Cait
wiif;ht and that tho have accepted
said tiust and the -entry into posses
sion ot the assigned premises and
the piescnlation and refusal of the
complainants claim. The defend
ants aver that by the tctnis of said
deed Hie allowance or l ejection of
all claims again-t the giantor was
confided to the defendants, that they
have excicised the disci ction grant
ed to tlicm and have l ejected said
claim because it was not shown to
.their satislaction to be just anil cor
rect and that said claim has not been
allowed by any Court of competent
jurisdiction. The defendants also
aver that no just debt is due from
theii grantor to the complainants
and that the sum of money claimed
by the complainants to have been
paid to their grantor if a 113 was so
paid was not paid to the use of the
said Aki. And that the said money
was intended to be offered and was
offered by the said Aki as a bribe
to gain the influence of the King in
obtaining of the Hawaiian Govern
ment the licence for the sale of
opium and that for said icnon com
plainants aie not entitled to any re
lief in a Couit of Equity.
In all other respects the defend
ants deny the allegations in the bill.
The cause was heaid by me on
the 1:2th aud 13th inst. and it was
strongly insisted by counsel for the
deiendants that the (Joint could not
and should not entertain the bill on
the giound of the -uppo-ed illegal
nature ol the original transaction
between Aki aud His Majesty.
Many authoiities we cited by the
defendants' counsel in support, of
the proposition that "money paid
b onepaity, in pait performance
and 111 lurtheiance of a contiact in
violation of law or of public policy,
which is capable ot execution by the
acts of the paitics themselves can
not be iccoviMCil back, wheie both
paities aie in pari o'ei'uV."
To this general, proposition there
can ha no dissent. But does it ap
ply to this case!1
In the first place I cannot con
ceive upon what grounds the de
defendants can ask the Court to in
vestigate or consider the defence of
illegality set up by their answer.
The (lelence implies, and must be
taken to allege, a corrupt agreement
between His Majesty and Aki.
This seems to me impossible of
proof in any Couit of this Kingdom.
Hce Article JiO of the Constitution,
"The King cannot be sued or held
to account in any Court or Tiil.uri
al of the Kingdom."
It cannot be assumed that the
King tould be a parly to any illegal
It is said this money was "intend
ed to be oiieied and was offcied to
the King a- a biibe." but m the eye
oi the law, the King cannot be
bribed, or accept a bribe, or lie cap
able of doing a wrong.
I therefoie hold that the matter
set up in tills part ol the answer
cannot be investigated or consider
ed by me, and on full consideration
I am satisfied that I ought not to
have allowed tho allegation to re
main on tho record.
If however it in proper for me to
consider this matter, I should hold
that this defence cannot avail the
deiendants hcie, as J think tho
plaintill- can maintain then- case
without reference to the alleged il
'I his was iusi-led upon by coun
sel for the plamliJis who cited many
authorities in .support of his con'.cri
tiou amongst others.
Gregg v. Wvinnn -f Cusli 027.
biniih v. Uarstow li Mich 135,
where thcsubjei'tisfully considered.
The piiuciple has been recognised
by this Com I. (.See IJeis v. Wen
dell 5 Haw. 11(1).
It Incomes necessary to consider
how tin- principle applies to the
I ease helore me,
I '1 he matter is to some extent his
I toncal. Huiuois of existence of a
! claim by Aki against His Majesty
I had been cm rent for sonic time and
had been freely commented upon
' in the public pro-s.
() the JKllli of June, 1887, at a
mass meeting held in Honolulu, and
which culminated in J!eolutioir aud
the piomulgfitiou of a new Coustitu-
Hon, this matter was among others,
taken Into consideration and certain
resolutions or domnndB of whloh tho
following i9 one were forwarded to
His Majesty :
"Third. ' In order, so far as
possible, to remove the stain now
resting 011 tboThione, we request of 1
tbc King that he shall cause immedi
ate restitution to be made of the
Mini to wit: seventy-one thousand
dollars (71,000) recently obtained
by him in violation of law' and of his
oatli of olllce, under promise Hiat
pei sons fioin whom the same was
obtained should receive the licence
to sell opium, as provided by the
statute of the year 1880."
To which His Majesty was pleased
to send the following reply:
"Tothethiid proposition, We re
ply, that We do not admit tho truth
of the matters stated therein, but
will submit tho whole subject to Our
now Cabinet nnd will gladly act ac
cotding to their advice and will
cause restitution to be made by the
parties found responsible."
From the evidence of Mr. Thurs
ton the Minister of the interior and
of Mr. Ashford the Attorney-Gener
al, it appeal- that the Cabinet had
advised His Majesty to make some
settlement of this claim before the
meeting of the Legislature (which
it seems to 1110 was their duty to
do.) That about the end of last
October and the beginning of Nov
ember, at a meeting of the Cabinet,
his Majesty admitted that he had
received this money, but claimed it
was a gift to him and it was ai rang
ed that the revenues from the
Ciown land should bo appropriated
to the repayment of this money.
The defendant, C. P. Iankca, then
His Majesty's Chamberlain and
Private Seoielary, endeavored to
laise a sullicient sum by mortgage
of His Majesty's private property,
to satisfy the claim or a part of it,
and applied to the defendant Da
mon who declined and the loan was
Mr. Thurston testified that the
-ole object of the Cabinet was to
settle this claim, and that they
were not interested in obtaining
payment of the debts or claims of
other ci editors, but upon receiving
a statement of the amount of the
King's debts liom Mr. Iaukea, they
u etc so astonished at the amount
that they thought it would not be
light to paj' this claim in prefer
ence to the others and ultimately
advised His Majesty to make an as--ignment
in tiust for tire payment
of all claims pro uzfa, and the tiust
deed bcfoie the Couit after nego
tiation with some of the principal
creditors, ns to who should be the
tiustecs and as to the payment of
this claim was executed, Mr. Castle
assenting to the arrangement on be
half of Aki.
Mr. Castle testifies that at or
about the lime the. deed was execut
ed, His Majetv sent for him and
that he met His Majesty at the
Bungalow 111 the Palace grounds
when His Majesty admitted lie had
rccehed the money and was alone
responsible for it.
It is unnecessary for me to go
through the testimony as to the
leasons why Aid's name was not
mentioned in the deed.
What was the position of all par
lies at the date of the execution of
His Majesty owed a large amount
to various creditors neither one of
whom was rn a position to enforce
Aki or his representatives had
also a claim which could not be en
foiced in the Courts, but lie had the
solemn pledge of His Majesty, pub
licly made, to cause restitution to
be made, and it is to be presumed
that the Legislature then in session
would have takerr some action in
the matter whereby Aki or his rep
resentatives would have been ena
bled to obtain satisfaction.
By the execution of Hie deed,
His Majesty's other creditors were
placed in a better position, and the
plaintiffs in a somewhat woise one,
as they had by consenting to the
arrangement prevented any action
by the Legislature.
It appears to me that under the
circumstances the defendants might
have well been advised to allow this
claim and so have prevented the
matter being again
all paitics wished to avoid.
The deed does not purport to be
in trust lor creditors, generally, the
first and principal tiust being irr
"1. The trustees shall receive and
examine all existing accounts, bills
and claims againsttlie grantor which
shall within three months fiom the
date of these presents be presented
to them anil shall approve in wilting
so many and so much claims ns
shall appear to them or to a majori
ty of them to be correct and just
and properly certified and shall re
ject all other claims and paits of
claims, and at tho end of snid three
mouths, shall make a written state
ment or list of all such claims, as
they shall havo approved ns afore
bald, to which said list they shall
thereafter add only such existing
claims against the grantor as shall
either bo authorized by a court of
compotent jurisdiction, or be shown
to their satisfaction to lie just and
This, seems to me to contemplate
the present claim, and in point of
fact enables claimants to establish
their claims in Hie Courts which
thuy would not otherwise be able
The defendants having the discre
tion to approve claims which should
appear to them to ho coirect and
just, and it hot appearing that they
have exercised such discretion in
an impioper manner the complain
iwjwwhww.iiiM i. irtrnnifc hnm n wiMMm-udifMWjaaBm iiMgttrijMrtMfir
ants are not, (at I understood their
counsel to concede on the argument),
entitled to tho relief asked for, ot a
decree ordering tho defendants to
approve tho olalm.
1 am of opinion upon considera
tion of the evidence and tho facts
that tho complainants have estab
lished their light to have this claim
paid pro ratu with Hie other ctcdi
tors of His Majesty, and that a de
cree should issue to the following
Declaro that the complainants'
claim against the defendants for the
sum of 871,000 is established as
Just and correct within the meaning
of the deed of trust in the bill men
tioned and that the complainants are
entitled to be paid pro rata with
other approved claims and order the
defendants to pay the same accord
ingly out of the moneys which may
come to their hands under the trusts
of the said deed. If the defendants
have paid any dividends on the
other claims, they arc not to pay
any more Until the complainants
have been pnida dnidend equal to
that paid to other complainants.
The defendants to pay the complain
ants costs which they may add to
their own and retain out of the es
tate. A decree will be signed when pre
sented. KuwAitn Puustox.
Honolulu, Sept. iilst.
A. H. llartwcll and W. R. Castle
for complainants; I M. Hatch and
Paul Neumann for deiendants.
A-pI n 10
fV.VJXti 1.'...,,,.. ....
MACHINE for he 'lino: Colin.
A J r n liitnu on j for '..ilf in
i. a i v 1 b 1 1 t in ii i :. i , p! i i ..'.
t'n- :'i)-t 4S f
tiPECLlL iiKi-lini; of tin- Mo:k.
Iiohtci t ihr Viiiuril i lei'l i in-
C(.mpin. v ill hv held Im the puipie
ot 'Aiieitnj; il.e li..nw," at the Com.
pm y li ill. liny, on V, i;i)N:.SI)A ,
OctliliCI iClh, U Ifl u'c'i ck a M
U. I). r.BROEJt,
51 ul :mi Htaiv.
Con3lant Line oi' Schooners - - -
OW1NC? to our constantly mei easing linsines-s and the 3re.1t demand of an appro.
( 1 1 -UK ccmmuiiity, ic lr.ive conclud d to oiler an opportunity to all purties
having 1 ipiial. Our Line of hehomurs may ho toen gliding over the "IJar" lllled
10 their uiiuobt earrjing 1 aimeiij of Clear, 't.'uul .ind invigorating
John WisSanifs Philadelphia Lager Beer !
AT rJL,Xll33 "CBrrislKIOiN SALOON."
To nccommolalt our Vaot Klect of Fehoonei's, our ici' vaults are now hoing en.
hirgul jeg.irdless of toil. The
Is the only place where
cm be hid lu Ffonolu'n
a Cool Glass ol
-it"t f H-rtfird,
Ilaifte 1 si uEmmm
Just Arrived and For Sale at the
.A.U tlio way from t. Ironist, On Xoe.
THE OLDEST DAILY in tho
X Kingdom "Ihe Daily Bulletin."
to rents per mouth.
Auction Salo by James F, Morgan,
Oil SATURDAY, Sept, 22nd,
AT II OTMHJK A. ai..
At the l'lH'llV Mull Wharf, t will sell
ui Piibllt- Auclhn furnccuunt of
whom It muv concern,
MARK "W"-570 BBLS
White Bros,' Portland Cement 1
MARK "H"-624 BBLS
Germania Portland Cement 1
Dumascd on voyage of importation, per
- hark "C. It. Bl-hop."
JAS. P. MORGAN,
AUCTION SALE OF
Yaloabli! How & Colts !
FK0M IMPORTED STOCK.
'n i f die Tiustecs of His Majesty's
r.Mi.te, 1 will sell at Public.
A lift ion,
Onf Ah or
AT IMS O'CLOCK SOOS,
At t!ie HuWim t llieiunrof J. I.
tut'- Oltce, Queen street,
Mures St Colts,
Kiotn the u (.11. know n Stallions Lunalilo
rr Kiorss cahu.
Ample Opportunity for All.
PHILADi-LlMUA BEER, on Draught
u'tenreg, tmw'i the time. fi2 tin
THE ONLY LIVE PAPER in
Honolulu 'The Dally Bulletin.
I CO cents per month.
' &"" 'i'."
HAVE JUST RECEIVED A COMPLETE LINE OF
Laflies', Cants', & Clireiis' Bail Sits,
Also, Ladies' Black
n Accooiil o
GENUINE CLEARANCE SALE.
Plush Sets, Ladies' "Work Baskets,
In rimdi fe Leather; Dfeque, Glass & l'.uian Waio, Oporn A
Marino Glasses, Telescopes,
H&IBusie Boxes, Toys, iBoolvss, Albitiuis,
And other things too ntrnieioiis to mention. All the above
Goods will ln oil'eri'd at the
LOWEST PRICES EVER QUOTED IN THE KINGDOM.
The above Goods nie New,
been imported ex recent anivals and
OJP3ESN ErXIXOSSl $
W. H. G-RAEIHALGR,
IOO Fori Slrocl, Honolulu.
3FOXfcrr arR laicr, Honolulu.
1ST BARGAINS "i New
Lamps, Chandeliers & Lanterns,
At Loner l'rires than ever het'oie. New inuilce of
SHBLF-HAHDWABB. PLOWS & GBN'L IERCHMDISB.
Novel tiew unci ITixnoj' Goods, In H,iii-(se Varietr.
ONE line Milch Cow,
prh e, SJ125. Aj.ply
at the JSuu.vti.n Ullloe.
1)1 6td onu
FOR SAXyrc or i,J3T
npHE Iloiihu und Lot un
X Iici mania biiL-ct next to
Mr. John Ena's on the webt;
lurge lot runs fiom Ueictimhi to Young
strict. House contains parlor, dining.
room, three large bedroom", Uitclmi
bath-room and out-hnuses Inquire of
01 tf W. O. WILDER.
FOR RENT or LEASE
THE House near the corner
nf Hi.roh.nlu nnil I'ltLni
S&fMsS streets at picseat occupied by
Malcolm Brown. Possesion given Oeto.
birl,l88. Anply to
At Recordei'a Olllt o, Gov. Building.
A HOUSE un School Mreet
m-ar ihe wooden bridge,
1 containing live looms, besides
biliiard.room, bathroom, kitchen and
pautiy. Also cat riage house and btublcs
tor two horses. Apply to
E. W. JORDAN,
At Waterhoui-c's Fort-Btruot Store.
Building Lots Iiong
1VE minute-.' wjIIc from
1'oHi office Thirty Lois.
each about JU feet t-quaic.
Low terms. Apply to
GONSALVES & CO.,
SALE of CATTLE
THERE will be sold 300
head of Cattle, con.
t-isting of excellent Milch
Cows. Steers. IlLlferu und
Calve?, ai Boyd's Cattle Pen, at Manna
will, Kallua, Koolaupnko,
On Saturday, Sept. 22, '88,
AT 18 O'CLOCK NOON.
MRS. BEKE STONE.
rPHE DAILY BULLETIN Is a live
X evening paper. 00 cunts per month
Diamond Dye Hose
Fic - h and of tho Latest Desicn. haviuer
were pcli't'ted expiessly for tho trade.
Line of B" BARGAINS
MRS. M. B. CAMPBELL,
Ii-eHsmulclne, sto., fcc.
Has commenced the business of Dre
inikiiijr, Ctiniiij; i.nd Fitting, nt her resi
dents, No JU licrcinniu street, opposite
the Hotel. The patronage of the ladies
l-ifi.) luilully solicited. Satisfaction
fti!..nioti ul. Bept.fj.ry
TOURING my absence from Ihe King.
XJ dom the Hon. W. F. Al'en will
act for me under a full power nt attor
ney in all priwite matters, and also In
all estates in which I am u-iirn'e or
agent. W. C. PARKE.
Honolulu, August 2.1, 1883. '20 2m
IN order to i llVot a clearance the nn.
dermentioned goods will bo sold
at very low prices: C-.pper Boat and
Sheathing Nails, Engineers' Hammers,
Connecting Links, Carriage Wrenches,
8 Tierces Arphultum, a large assortment
of Patent Blocks, from fl to 14 inch:
Clothes Line Blocks, Patent Sheaves.
Sail Thimbles, 4 pairs Fine Binss Ship's
Side Lights, 12 Globo Lanterns, Rig.
giiijr Screws, Hemp Duck, Nos. 1, 2, 3
and 4; Carpenter's Chisels, Wire Rope,
from 1 to II inch; Mast Hoops, 10, 18
and 21 inch. Apply to
F. M. SWANZY,
Assignee of D. McKeuzlo.
At Theo. II. Davics 6i Co.'b ufllcc.
HPHE DAILY BULLETIN-The
mn-t popular imper published
St RAPHAEL III!
Of Valence, France.
An excellent tonic and highly-recom.
mended lyr physicians as such In cases
of intermittent fever aud in the varied
forms of debility as well as scrofulous
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by blood poisoning, and particularly IrrW
pussivc jicuiormagu anil in obstinate
female complaints. i&f
IN CASES OF 1 DOZEN BOTTLES EACH
car irort haie -a
At F, A, SCHAEFER & CO.'S,
TF YOU WANT A SITUATION
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l' H. .