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IHH KVI'NMNd IHIMilSTIN: ll()N'OI.PItJ. H. I., HVTUUDAY, MAUOII '21 I '
t ..., r....A r,..,.t
illlU Sl CUIL VWUI L L'
Busy Week With the
who whm pi lined to nrguo tlio ciiio fur peiichmcnl of Iho Chief Jiwtlrc for In- hearing sot for his hill for accounting
lilnliilirr. ' raimcliy, nmoiig tuner iniiitSH. biiiiii iiu against v. it. unsuo nun timers,
Sup i eme
JTw Mnnli l mi of the i'up i nn
Cenrt wns r'M".ill ""' thl m irn
tan. AhwuIiik JiibIIhk W. I Frwir
Aiiinnirt II. Dodd. wlilow of Jmnoq Hone liy llio Houso 1)1 UrpruamililUVeH.
Dodd. Iins filed it mviiiii claim to per- Mr. 1 Iittujilii uyn disclaimed uny at-
miiml pioprriy given mill set npuri for (in l on llio Olilcf Justlco. If tin- hand
her by ..or .disband III Ilia llfetlm to of Clod were lalil upon (ho Inuiimiu-nt
it One piano, one wardrobe, utio of (ho oldie, ibrio was no Imuropiloty
i, Kinu ilmlr. ono ornamental cIopIc. in recognizing llio facl.
mil- nhnpton. all Ihn iiiirecl.ilniPil mid Jusilic Hear iiivuid JUsimaicn on
mindee limbic Jpwiliy In (be H.ifc nnd llio liicllmlniiry iiucstlon ni tno com-
"Honolulu, II I . Iiccemhii i. 1S00.
"Mi I'n qi.Iitii -i8IililnV 1 II"
cptvid Mr. JiiiIiIr rraiKiintiun as Chief jusl.lu, nlso one sowing machine of olfoicil IichIiIcs llio resignation.
one imirot. all of tlio vnlno of nlionl polenco of (ho dooilliienlaiy ovldenco i
Kinney, llallon k McClnlinhan fui
lilalntirf moves to havo hearing hoi for
William lllaUilill h. I. It. Minns, cqui
Thomas M. Harrison by his ntlor
! neys, Robertson ft Wilder, im-vea fin
n hearing of bis ns3iimpslt sul: against
J, A. Magoon nnd others
JiiiIko Perry has
ilud liobort W. Cnthcnrt niiil Rebec
ca .. Dodil, executor and cxccutllx of
tlio will, (o appear at 10 n'cioeK on tbo
.,d Inst., nnd bIiow causo why (bo
Justice of llii' Hninitue Court or llio the value of $jt
s&W A. Whiting occupies tue benub, Hawaiian Islands.
, tbP o,y nrbP,; o, the c l;rVWK-rIirr:
STnre the resignation of Chief JuBtlie . . fiiliwc,i the iiiactleo of
Judd. Thoru was a goodly attendance waking appointments subject to your property should not be ordeted to bo
of th liar aiitnorlty, 1 have prefertcd In this mat- delivered to the claimant. Paul No-u-
gerpral tlmeB while tlio calendar v.u tcr, considering the Imporlmuo of tlio mnnli nnd (Ico. A. Davis nro proctors
bolus willed the crnstiutlnnnllty of tbo position nnd the prospect of nn early for claimant.
Court as eoiiatltutod, with Its blpf substitution of n new form of govern- a. (1. (Jiinlin. executor of tlio will of
srat vacnr.t was ralsnd bv attorneys, incut for our present system, to refer Anton 0. Cunha, has llltil his tenth
3tp-s. Hninidiiess. Robertson and the matter to you for your instructions annual account showing receipts of $K8(i
Girlghtoti each expressed a desire to bo
leard on the qiiivtloil If It should bo
submitted to nrgumeiit. Justice t-'rear
nnnotmnd for each of dirferent caseu
ihc name of a stilnltute justice to llil
up (lie bench.
The t'ou 1 1 set tomoirow moinlng
Sot hoarlns nrRiinient on the legality of
Stsclf as constituted nnd then adjourn
ed until that time.
l.ylo A. Dickey, attorney for defen
dants In Cartwilght vs: Ilukca, moves
to Introduce on appeal n certlllcate
fnun the Hegistrar of Conveyances con
cerning mortgages of James Auld and
Judge Terry has admitted the will of
Slary Kaumnna Wldcmnnn to probate,
appointing H. II. Macfarlane, K. V.
JMarfarlano nnd J. M. Dowsett as exec
utors under $L',000 bond. Hatch for
Order of dismissal has been tiled by
plaintiff In bill for partition of Oo.
?.tarkliam vs. Kanewahlno ct al. C. C.
JJIttlng for plaintiff.
llnrla H. liorba has filed a fire
claim of $11.23, and Thomas Sanders
no of fns2".
Tuesday. March 20.
According to what was announced In
yesterday's llulletin the status of the
Supremo Coi.it as at present constltut-
in case you should dcslio to give any. nnd payments of $331.13. Tno balnnco
'Judge Judd has been incapacitated of $131.5a represents two dividends duo
by Illness from attending to his olllcial Mrs. I. (J. Tewksbury In bands of
duties for n good part of a year and executor pending master's report in
litis resigned, as I understand, becauso court.
of Hint alone. Ills absence from Judl-1 Judge Perry this morning over-ruled
clal work has, to some extent, been nn (ho ucmuricr of defendnnta In C, I.
Inconvenience to proceedings In the. Helm vs. 1". II. McStockcr and T. V.
Supi cmo Court. Hobron. Defendants entered execp-
"lt Is dtsirablo that the place bo tlons. The suit Is for damages for
filled without unnecessary delay. stopping tbo pnsspmt of plaintiff to
"I hac not accepted his resignation picvcnt bis leaving tlio country, thorc
ns yet, ns that would embarrass the fore to some extent Involves the con
status of tho Court, there being legal stltutlonallty of the Hnwnllan pass-
provlsion for temporarily lining tho port ir.w. Davis for plaintiff; Uobert-
placo of an absent Justice, but none
providing for nil nbsoluto vacancy, ex
cept by permanent nppolntment.
"Judge Judd's nddress at present Is
Clifton Springs, New York.
"I am, Mr. President, most respect
(Signed.) "SANFOIID II. U0MV
"To tho President of tho United
I hereby certify that the forcgolni;
son At Wilder for defendant.
Wednesday, March 21.
Attorney General II. 13. Cooper np
pcarcd In tho case of .1. K. Hush ct nl.
vs. Republic of Hawaii before the Su
preme Court this morning, nnd filed
nllldnvlts on tbo question of the
Court's legality by President Dole, A.
F. Judd Jr and Auditor Gencrnl II. 0.
Austin. These nllldnvlts covered tho
substanco of tho matter published In
's a true and correct copy of letter yesterday's Bulletin.
Geo. 1). Gear, Intervening necordlng
to tho Invitation of the Court yester
day, spoko as follows: Tho resignation
speaks for Itself and any cn'ort to con
tradict It would bo ns Incompetent In
this Couit or any Court of law. Hcru
.vrlttcn by President Dole to President
McKinley under date of December 2Sth,
ISgd. KATH KEMiEY,
Clerk Kxecutlve Council."
A. F. Judd Jr.. son nnd attorncy-ln-
ed came un formally this morning, i fact or tho Ciller Justice, was seen at especially It Is Inadmissible in Hint It
Circuit Judge Pen y look n sent on the his niiico nnd naked regnidlng bis seeks to place beforo tills Court cvl-
Jj.uicli along with Fiist and Second As- ; knowledge of bis father's Intentions, denco ns to what was In certain let
Eocialo .Itistlcts Fienr nn'd Whiting. He said In reply: teis. If there havo been letleis of that
Mr. Mugoun. on (he case of John H. "1 know that my father Intended blrf kind wiltten the letters nro tho beat
Bash ft nl. vs. Republic of Hawaii, resignation to take effect only when his evidence. The affidavit scckb u stato
suit In cjpptmtnt, being called present- successor was uppointid. He talked it bis father's lntcndona which cannot
ed th. following petition: all over with me. and said that any bo set forth In the way ho ban attempt-
"Fctltlon of plaintiff, praying that other tonstrtUMun would Involve n ed. That "It was liis understanding of
tlili in in. hi tint lipiml until a f'lili.f serious Interrernum. 1 talked the mat- the lnw Hint his rrslciintlon would tako
...... . ...v -. - . - 1,
Jiulfct or this Honorable Supiemo tor over with President Dole when I effect only upon the nppolntment or " " uo peiiormcn 10 mauo mo rcsig-
Court shall be appointed. i handed him the resignation. President his Biitcessor. that ho ho intended It nation complete? Imo. Parole ovldenco
-Now come John 13 . Hush et nl.. . Dole midcmtooM the matter In the way and Hint words 10 that effect would tie to lality a plain, fllnipta and unquali-
idtt-ntlffs in the above entltlrd ease, bv It was thus represented." merely smierlliious." I object to all c" resignation would no wiuioui nu
Mr. Mnguoii objected to nil outside
statements, llie iislguatlon Blood for
Mr. Cooper, referring to iho conten
tion that n letter icfcried to by Mr.
Judd in his iillidavll ough: to be pro
duced, said after consultation with tho
nllldavlt that n Bcarch would be niadi'
for It. Ho further Btatcd that, so tar
ns tho Attorney Ucucrnl s departiiiout
was concerned, ho would simply Bay
(bat be was satisfied with thn rompotl
Hon of tho Court. Ho shortly nftcr
ward withdrew, leavlus D.-puty Attor
ney General Dole to rpre)i nt tho Re
public In the cnno hefoio llio Court.
Mr. Magoon nsked If they should pro
ceed with their argunu-o:. to which
question Justice l'roar nodded assent.
Mr. Gear desired to I'now what po
Bltlou ho nnd Mr. Humphreys wcl'o in.
They claimed tho right to object oil
the ground of tho Chief Juitlce's IniM
paclty. Kvcn If tbo relgmitlon wort
not effective, Ibey held thu Chief Jiih
tlrc had abandoned his mil v.
Mr. Mngoon did not consider It ne
cessary to inquire whether tho Chic.
Justice, bad abandoned his office, i
would consider tho decisions of thli
Court valid If it could uo shown thn
tbo Chief Justlco lias not resigned. I
4im therefore opposed to any nttempt
nt establishing tho fact of the Chief
Mr. Gear would not Insist on that
point hi this caso, but would let It go
over to one of his own ca?c3. The
Court In tho mcantlino might render
that question unncccssmy by a deci
sion on the solo matter or tho resigna
tion. Justice Frcar, after consulting Jus
tice Whiting and Judgo Perry, an
nounced that tho Court thought It best
to consider tho question un the grounds
raised by counsel In tho present case.
Mr. Long, associated with Mr. Ma
goon, then began his argument for tho
plaintiffs, beginning with the documen
tal y evidence ns to the legality of tho
Coint. Did tho endorsement by Presi
dent Dole vacate the olflco or Chief
Justice? Was tlicro anything left to
the'' attorneys, J. Alfred Magoon and
"L. K. f.on, and show to this Honor
"1 That this Court la not properly
constituted to hear cases.
"2. That A. Perry. Hsq.. Is not legally
qualified to sit In this case.
"3 That heretofore, on tho 2Sth day
of December. 1S!I. the Honorable A. F.
Judd, thin Chief Justice of this Court,
duly filed with S. U. Dole. President of
this Republic, Ids written lesiguatlon
of the Chief Justiceship of this Hon
orable Court, and that the t.ald A. F.
Judd tnen and theic censed to he Chief
Jtatkv o( this Honorable Court.
"When fine plaintiffs pi ay that this
Honorable Court decline to hear up
above intltled cause at this time, nnd
until a Chief Justice shnll be duly ap
pointed mid Installed in office, and that
Hon. A. Perry may not sit in this case.
"JOHN H. 1H.SH et al., by their
attorneys, I. AUMIHD MAGOON nnd 1
31. LONG. '
Mr. Mni'eon. following up the filing
of his petition, alluded to the Import
ance of the question lalscd, but asked
(or a continuance of tho case till to
morrow moinlng. He did not desire to
ariru tho merits of bis clients' cause
vutll the constitutional standing of tin
Court was determined.
Instleo Frenr stated that tho peti
tion did not convey all the facts bear
ing on the question. Had counsel any
other farts to present?
Mr. Magoon ausweicd that ho sup
jiosed the facts In the petition would
l)j taken as established unles3 nnd un
til they were rebutted.
Attorney Gcnernl Cooper, being nsk
ed by Justice Frcar If tho Govcinmnn'
had facts or authorities to present
said that tho Hxccutlvo had concluded
to take no part In tho argument. They
would take tho leading of the Court
howuvcr, by looking up authoiltlcs 11
Justlco Frear stated that tho Court
was In possession of sonio TactB no'
mentioned In tho petition. It had cop
Its of the Chief Justice's letter of reslg
nation nnd President Dole's lettei
thereupon to President McKinley. Pos
Blbly thero might bo evidence producl-
Die auo to cine: Justice Judd's in
tentions ns to when ho desired his
resignation to tako effect. At. Judd's
iwn, an nttorney of the Court, might be
ublo to throw some light on this point.
Justice Frenr had understood that Uif
Chief Justice continued to drnw his
salary. On consultation with his col
leagues ho granted tho continuance of
the case, and the Court then adjourned
till 10 o'clock tomorrow.
After adjournment Justices Frcar
and Whiting, Attorney General Coopci
and Mr. Magoon granted the llulletlr.
permission to publish the letters cited
by tho First Associate Justice.
"Clifton Springs, N. Y Dec. 4, 18D9.
"Hon. 8. R. Dole, President of the
Republic of Hawaii.
"Sir: I bnvo tho honor herewith to
Under my resignation as Chief Justice
or tho Supreme Court of the Hawa
iian Islands. I nm, dear sir, most re
spectfully, your obedient servant,
(Signed.) "A. F. JUDD."
Letter endorsed on back: "Dated
4f IJcc. 1899. Received 27 Dec. 1899. A.
7. Judd to S. D, Dole, Resignation as
"D hureby certify that tho abovo la a
tnnrand correct copy of letter written
&qr Chief Justice Judd to President
Sole under date of December 4'h. 1899.
fjSgd.l KATE KELLY, Clerk Rxccu
Justice Frear'B understanding that I Hint part of tno affidavit. Also to tho i " " " " ',"B,;i, " "'
Mr. Judd still drew his salaiy us Chief part of tbo affidavit which speaks about ''"''y cre able to write, his full Intpn-
Jtistlco was confirmed In tho proper "Instiuctlons given me by my father
quarter. Ills Balary Is paid till the end since ne wrote ins iciicr oi icsigna
of l'cbruaiy last. In fact, an nllldavlt Hon" nnd "reiterated In n .otter writ
ten ny ins iiireciiou; turn on mo uc
to that effect will be picscntcd In couit
Uno theory heard In support of tho
contention that tho olllco of Chief Jus
tice is not actually vacant Is that tho
tenuie of the olllco being for life, sub
ject only to Impeachment. It cannot .e
I'omo vacant even by icsignation until
a successor to the Incumbent resigning
has been appointed.
Uoiuls In $1,000 each have been filed
on appeal by plaintiffs In the tin oo
ensfs or Ilrnce C.irtwilglit, trustee,
Miiuii F. Plluger and ICdlth Morton, J.
A. Cummins and l.lliuokalani, all
igaiust the Minister of the Interim.
.he sureties being K. 1). Mt-Clanaliin
u Hie first case, and J. O. drier In
'he other two cases. Theso appeals me
fi oni Injunctions restraining tlio Min
ster of (lie Intel lor from cnvrli'j on
amis of thu respective plaintiffs. 1'no
amla weic nt tho instant being taken
n tho widening of Ucretanla Mvc.t.
Return of summons has been made
u u bill In equity to set nsldo a Iced,
te., of Saiah Ann Herger vs. Ch:nlo3
.V. lluoth miu Charles S. Desky. C'un
dainaut sets foith that she owned an
qual Intel est with her brother, tho de
endnnt Ilooth, In lauds situated bc
wten Pauoa and Niiuanu, Honolulu,
iiid that while he was uegotlntln,; with
he defendant Desky to sell the proper
y ror $100,000, ho wrote to her thou
n San Francisco representing Hint her
ntcrcst In tho lands was worth ubo.it
"1,000 nnd he could secuio that amount
'or her nB consideration ror her lr.tpr
bt. Uy reason ot her relationship to
iooth she says sho placed great ron
tuenco nnd trust In his statements and,
lellcvlng them to bo true, sho execut
ed a deed transferring all her right,
ttlo nnd Interest In said lands to her
irothcr, Charles W. Ilooth. Com
plainant avers that her Interest bo
ransferrcd wns worth at least $1I,2S0
ind tunt her brother actually obtained
ivcr $11,000 therefor. Sho nsssrts Hint
he Bum paid to her by her brother waj
jrossly inadequate, nnd tho deed ob
alned trom her by "misrepresentation,
itibtclty, cunning, crnft and rraud."
Also, sho nlleges'that Charles S. Desky
well knew, when ho obtained nn Inter
est In snid lands, how Charles W.
Iooth obtained tho said deed from his
lister. She had offered to refund the
money to her brother befero this suit
was brought. Her prayer is that tho
lefendnnt may bo restrained from
making nny disposition of, or cxercls
ng any ownership over, tho property
'n qtica..on; that her deed to Ilooth be
ancellcd; that Desky ho restrained
from receiving any of tho purebnso
money from liooth, and bo declared a
trustee to hold the money Tor her bene-
lt: that any conveyance or her Interest
.o Desky bo declared void, nnd that she
may havo such other relief ns the
Court Bhall seo meet, etc. Geo. D.
Gear and Geo. A. Davis nro counsel lor
plaintiff. The property Involved In
iludos Pnclrtc Heights, tho now addi
tion to Honolulu being promoted by
Ilruco, Wnrlng & Co., tho firm of which
tho defendant Desky 1b at the head.
Tho suit or J. M. McChesnoy, assig
nee of n. Poppleton, against J. H. Flsh
ir has been settled by tho payment or
$100 to plalntlir. This was announced
befero tho Supreme Court this morn
ing to tho surprise- or J. A. Magoon,
cnslon or tho writing or his letter or
lealgnntlon I drafted n letter for him
which specified that his resignation
was to tako effect upon the appoint
ment ot his successor." I nsk that that
letter bo produced In evidence nnd that
that part of the nllldavlt bo not iceelv
ed by this Court on the ground that It
there Is any such letter It should bo
produced. I object to the lurlher
statement In heie that be has not re
ceived from his father "nny Intima
tion that his resignation was Intended
to take PlTcct or (hat bo desired that
It should take effect except upon tho
appointment of his successor," ns In
consistent with tho facts as hereinbe
fore set forth. 1 also object generally
nu the ground that It Is Irrelevant, In
competent and Immateilal, on tho
ground that It Is heaisay and that It Is
not tho list evidence nnd on tho
,'i (Hinds before stilled. Also on tho
,'iouud that It directly contradicts his
eslguntlou which the Court must con
itrne by tho terms of tho resignation
tsclf. it cannot bo contradicted by
A. S. Humphreys remarked: I desire
ro Join In tho same objections for tho
Tho Court I presume tho best
ourse would bo to have tho affidavits
lied and received subject to the ob
jections ns to how far tho evidence Is
Mr. Genr On the affidavit of the
udItor General being filed, resumed:
I make tho formal objection to the
.iflldavlt that It Is incompetent, irrele
vant unci lmniatcilnl. Tho question of
whether ho drew his salnry or not Is
'mmnterlal nnd It cannot affect his
resignation. And further that at tho
imo that ho wns supposed to have
;lven his power or nttorney ho wns not
-ompctent to give It, having been In
capacitated by serious Illness.
Mr. Humphreys 1 dcslro, in order
Mmt I may get my contentions befero
tho Court, to stato on behalf or my
clients that I shall tontend that there Is
nn nbsoluto resignation without refer
ence to its acceptance. I shall contend
furthermore that thero hns been nn
abandonment of tho office, nnd I shall
contend furthermore that the office Is
vacant by reason of the Insanity or tho
Chief Justlco, ns provided In article 44
or tho Constitution. Which Insanity
wo will offer ovldenco on. I shnll fur
ther contend that thnt power of attor
ney Is absolutely void, having been
given by an Insano man. And It lie was
not Insano when It was given, it has
become void ns ho has since become
Insano, which feet absolutely rovokes
It, and thoso payments nro absolutely
J. A. Magoon, ono or tho attorneys
fer plaintiffs In the caso at bar, stated
that they did not attack the position or
tho Chlcr Justice on the ground or In
capacity. So fer as this case was con
cerned ho would not consent to such
an attack, ir that point were pressed
ho should withdraw his objection to
tho composition or tho Court. They
were content to roly upon tho sole point
or the effectiveness of tho reslgantlon.
Mr. Magoon afterward showed tho Bul
letin reporter paragraph 'i of section l
or Article 90 or tbo Constitution, which
ho had Inadvertently omitted to die
beforo the Court. It provides that Im-
tlous In a resignation It ought to be tho
Chief Justice, who was n man experi
enced not merely In ordinary business
but tho administration of law. Mr.
Long anticipated bis adversaries, It
thcio wero uny ho said, In quoting n
decision from S Hawaiian In Tho Queen
vs. John Costa nnd Anna Costa. This
was written by Chief Justlco Judd and
Joined In by Justices S. 13. Dole nnd
R. F. Illckerton. Tho question was
tho validity of Indictments presented
by W. A. Whiting comlssloncd ns
Deputy Attorney General by Attorney
General Crclghton after tho Cabinet to
which tho latter belonged had ic
slgncd under u vote of wunt of confi
dence by tho Legislature. Tho resig
nations wcio dated December 1 but tho
new Cabinet of Queen Llltuoknlanl
only took olllco on December 8, 1S92.
Thu decision upheld tho theory thnt
the machinery or government could
not be allowed to stop, nnd In that caso
the acts or tho Attorney General wero
held valid bctwien his resignation and
tlio appointment or his successor. Yet
the Court Intimated that tho accept
ance nl a resignation was not essential
to its completeness. It only went so
far on tho other side ns to say that it
wan tho duty or tho sovereign to np
polut her ministers ns soon ns possible.
Mr. Long went on to niguo that the
present caso bad not tho samo basts
ns that quoted. There would bo much
Injustice and incunvenlcnco from nn
Interregnum of tho Supremo Court
lasting a few months, but It would not
put n stop to tlio machlnei y or govern
ment In general.
It was notlceablo that, whllo tho nt
torney fer tho plaintiffs was arguing
thn legality question, tho Deputy At
torney General absented himself In the
lobby, apparently In keeping with tho
Attorney General s tacit declaration
thnt the Government declined to light
Thursday, March 22.
President Dolo Is on tho wlt-
nefis stand this afternoon. To
Mr. Gear ho answered that ho
considered tho Chief Justlco's
resignation should tnko effect
upon nppolntment or successor.
I'reBldeut McKinley had not
answered his letter on tho sub
Justlco Whiting opened tho Supremo
Court this morning tnd adjourned It
until 1:30 p. m., miuounUn; to mem
bers or tho bhr present that they need
not attend then unless notlfle.
Tho Infcrcnco Is that thero Is a
prospect of the Court's giving a de
cision on th? quo.Uln.i of Un ow'n le
gality as constituted at the hour thus
Mr. Long concluded his argument In
Rush vs. Republic, against tho legality
or tho Court, yesterday ntieinoon. A
strong hint from tho Court that the
Government ought to put up a defense.
to tho caso proved unavailing. Attor
ney General Cooper appeared but made
no advanco on tlio position assumed by
him In tho morning, viz., that his de
partment wns satisfied with tho com
position of the Court.
Achi & Johnson fer plaintiff nnd
Humphreys & Andrews fer defendant
havo signed a stipulation to havo Ha
waii Land Co., Ltd., vs. Nettle L. Scott,
summnry proceedings, remanded to the
District Court of North Rona.
A. S. Clegborn by bis attorneys.
Robertson & Wilder, moves to bnvo n
HiinudireyH U Andrew for plaintiff
filo u discontinuance of Pciclvnl I). Day
vs. Gus. Schumau, equity, II. Holmes
Geo. A. Davis, for ono of the hclrb
hns filed n bill In equity for partltloi
of tho estate of the late Autono G. Can
A citation or Geo. D. Frecth In ill
voice, nihil esscd to him at S.in Fran
ctsco, hns been returned to the Judl
claiy department Ironi tho Dead l.ette
oilier, profusely decotatcd with rubbc
stampings nnd adhesive "postage due
stamps In addition lu the regular pos
tal nnd postngo Btnmps. One chart,'
mat kid Is of ono cent for advertising
Friday, March .'3.
The Supremo Court wus nnnounccd
to meet nt 2 p. in. today. At that lioui
theso membcis of tho bar had nsiom
oled: Attorney Gcnernl H. 12. Cooper,
Deputy Attorney General U. P. Dole,
1. M. Long. E. U. McClanahnn, Geo. D.
Jcar, S. M. Hallou, J. W. Citchcart,
I,ylc A. Dickey and A. F. Judd Jr.
It was 2:16 when First nnd Second
Assoclnto Justices Frcar and Whiting
mil Circuit Judge Perry entered nnd
.ook their seats on tho bcmli.
Justlco Frcar Immediately began do
Ivcrtng tho Court's opinion on the
location submitted yesterday, of its
jwn legality ns tho properly constitut
ed Supiemo Court or tho Republic of
Hawaii. Tho matters of fecf. as pre
sented at tho hearing of J. I). Hush ct
nl. vs. Republic of Hawaii, wero re
viewed nt length, as well ns the irgu
ments of members or tho bar. It vai
mentioned that tho Coutr, or its own
motion, hnd called President Dolo and
A. F. Judd Jr. ns witnesses,
"Counsel nppenr to attach a peculiar
magic to n written resignation," one
of tho observation of the Court, seem
ed to ludicnto tho conclusion before It
'llio Interests or tho public In the
matter were represented as paramount.
The Court finally expressed tho opinion
Hint tho olllco ol Chlcr Jimticc was not
vacant, but declined to ferco tho caso
of Hush vs. Republic to a hearing.
Therefore n contlnunnco of this ease
was granted. All tho members of thu
Couit as constituted coincided in the
It wns announced thnt tho Court
would meet nt 10 a. in. tomorrow nnd
bo prepared to hear nny cases in which
counsel engaged wero ready to pro
ceed. Attorney Gcnernl Cooper stated that
he was prepared to proceed In nil Gov
F. A. Schacfcr, trustee or cstnto or
late A. A. Corulot, flics his annual ac
count, with receipts or $1031.20 nnd
payments or $3809, leaving a balnnco or
Edith Sanders sues A. F. Franca lor
55,000 damages Tor maliciously prose
cuting her on tho charge or stealing a
F. A. Schacfcr, guardian or A. A.
Long, accounts lor receipts tbo past
year ot $5017.42 .nnd payments of
$2275.31, lcnvlng n balance of $3312.08.
Tho Investments amount to $10,812.08.
Judgo Perry has confirmed the mas
ter's report on the accounts of II. A.
Wldemnnn's executors and, on motion
of Mr. Hatch for petitioners, ordered
tho affairs or tho estate tinned over to
II. It. Macfarlane, F. W. Macfarlan-J
KvV.ixy&ii.'yA &.&&&&& iiS&3
From the Stat of War
Loudon. March 9, 5:10 p. in. It wns
learned Into (his afternoon (lint tho
penco rumors hnd been founded on
fact, that President Kruger had ap
pealed to Lord Salisbury for a cessa
ion of hostilities, otfcilug at length,
by cnble, tho terms which ho was will
ing to accept.
These, however, wero not taken Bcrl-
oiiBly, ns they Included practically
.milling more than what tho Transvaal
ioveininint olfered pi lor to tho lssu-
ng of llio Rrltlsh ultimatum. .
Olllcial circles hero rigarded tho
repositions as merely n ruse for the
Iceis to gnln time, and did not con
ddcr that President Kruger was yot
eady to consider the Bwccplng do
.unndB which Great Britain would
nnkc Is reimbursement for tho loss or
Ife nnd great expenditure.
II Is understood thnt President Kru
tcr'H ndvnnccs had met with nn cm-
hatlu rejection at tho hands of Lord
Salisbury, who was believed to have
ald that no such attempt to retain tho
ndcpcndcncc of tho Tinnsvaal Bliould
a considered for n moment by tho
(Associated Press KpeclnM
Loudon, Mnrch 15. At precisely 1:30
Tclock Tuesday afternoon n Union
lack specially mado for this purposo
oy Lady Roberts was hoisted over tho
presidency nt Illoemfontcln amidst the
icclamntlons of the cnmmnndcr-ln-jhlef's
battalions in which curiously
enough tho Orango Frco Stato burgh
ers appear to havo joined with re
The opposition to tho entry of tho
British troops Into tho capital was in
significant. Th'- troops were occupy
ing u few hlgu places In the hills about
tho place, but n few shells drovo them
out nt 1 o'clock In the morning and
aowBpupcr rorrcspoiilouU intcilng tho
town round Mr. Francr and othcis and
tsulded them to whevo Lord Roberts
Mood on tho top of u hill wnltluir for
them. As spokesman Mr. l'raser i.sk
cd protection for life nnd property end
surrendered tho keys.
Lord Roberts, nccompnnlcd by his
staff, rodo nt tho head of n eavulcado
a mllo long to tho presidency, receiv
ing nn ovation throughout tho route,
culminating In a remarkublo demon
stration at tho market square. Reach
ing tho government buildings Loid
Hoheits took possession of tho city In
tbo name of the Queen and then re
paired to the presidency, whero tho
ceremony of hoisting thu ITnlon Jack
ended forever, uccoiding to universal
opinion here, tho Uocr government of
tho- Frco Stato.
(Associated Pre3 Special.!
London, Mnrch 15. In tho Houso of
Commons todny, replying to Mr. Red
mond, Irish Nationalist, who asked
whether tho Government of tho Unit
ed Stntcs had olTcrcd Its good offices to
Her Majesty's Government with tho
view to bringing pencvo in South fcf
lica, tho Government leader, Mr. Bal
four, said her Majesty's Government
would not accept Intervention of any
power In tho settlement or South Af
'1 he felowlng Is tho text of Air. Hal
four's reply to Mr. Redmond:
"Tho United States Charge d'Af
felrcs, March 13, communicated to
Lord Salisbury the following telegram
from Air. Hay:
" 'Uy way of filcndly and good office
infoiui tho British Minister of Foivi&n
:,":LJ; ': "r" .iLu"'c5"' . Alfal.s that I today received a tele-
charging them as executors of tho will,
Tho Portuguese Mutual Benefit So
cicty by its presidents Joso Gomo
Silvn, makes n lengthy answer In re
sistance ol tho claim of Virginia Go
mes for benefits ot $S09 on account or
her lntc husband.
Leo Tit sues Chung Fook to eject him
feom premises on King street, claim
ing $500 damages.
Discontinuances havo been filed !u
the three cases or Louis Marks. H. A.
Vavrlckn and A. M .Brown against A.
Splllncr, and In the caso of Bark C. B.
Kcnncy against sixteen hundred anil
sixty-nine tons of coal.
Thos. M. Harrison by his attorneys,
Robertson & Wilder, moves fer u day
or trial or bis caso against J. A. Ma
goon ct nl.
Wednesday, March 21.
Henry Smith, master, has reported
on tho first nnd final accounts of tho
will of II. A. Wldemann. deceased.
He recommends that they bo approved
and tho executors discharged, thus
closing tho administration and opening
new accounts by tho trustees, who are
tho samo persons, viz.: II. R. Macfar
lane, F. W. Macfarlano and J. M. Dow
sett. Tho tncomo balance Is $7093.33
which must bo distributed, and iu
capital to go forward is $23,207.8 L
Since tho filing of theso accounts the
death of tho widow has made It Incum
bent on tho trustees to pay bequests ol
about $150,000 to tho children nnd
grandchildren. Tho master Is given to
understand thnt It Is tho trustees' In
tention to realize, for this purpose, on
all tho personal property, It being tholr
Intention to keep tho realty Intact,
Tho master acknowledges that ho wn
much assisted In his examination and
audit or tho accounts by tho expediti
ous manner In which they wore presented.
i am from the United States consul at
Pretoria reporting Hint the Govern
ment of tho South African Republic
rcqusts tho President of the United
States to Intel vine with a view to tbo
oessatlon of hostilities, and saying thnt
a similar rcquist has been made to
.he representatives , of tho European
iiowcis. In communicating this re
quest I am directed by tho President
or the United States to express the
earnest hope that a way will bo round
to bilng about peace nnd to say that
hewould be glad In nny friendly man
ner to aid In bringing about tbo J3
jlrcd result.' "
Tho rending of this despatch was
greeted with cheers rrom tho Irish
Continuing, Mr. Balfour said:
' Lord Salisbury requested Mr. White
to convey tho sincere acknowledge
ment of Her Majesty's Government to
tho Government ol tho United States
fer the trlcndly tono or their communi
cation and to say that Her Majesty's
Government docs not propose to accept
tbo Intervention of any power in set
tlement of tho South African affairs."
Loud and prolonged cheering fol
lowed this Btntcmcnt.
Monday, March 19.
Tho jury in tho caso of A. Q. Mcrl
court vs. Norwnlk Fire Insurance Co.
returned a verdict for plaintiff, allow
ing $2800, Instead of $3000 ns claimed
fer tho houso and $2250, tho full claim
for the contents, Judgo Silllmnn liar
ruled out evidence ot fraud in prevloip
alleged fires involving tho plaintifi
An appeal was noted feom tho verdict.
Judge Perry grafted divorces to th'
wives or Charles crclghton and H. H.
T Gvenlng Bulletin, 75 cent pe
(Associated Press Special.)
New York, March 15. A dispatch to
tho Journal and Adovcrtlscr from Lon
A private telegram from an unim
peachable sourco In Paris says that tho
Minister for tho Colonies sent cipher
cables yesterday to tho Governor of
3very French colony asking, almost in
the words of Mr. Chamberlain to the
British Colonial Governor, how many
loldlers wero avallablo for Immediate
It is also said that cables of a simi
lar tenor were sent to French Consus,
asking fer lists or French soldiers in
foreign countries who could return to
Franco In tho event of their services
Coming ns it docs after tbo an
nouncement that tho autumn maneuv
ers will bo n demonstration by 200,000
n on tho English channel, It will
causo tho nrltlsh War Offlco and Ad
miralty to bestir themselves In anti
cipation of hostilities, for it really does
begin to look as If Franco meant war.
Franco and Russia nro working
land in hand, and Salisbury's diplo
macy may bo caled upon for severe er
'orts If bo desires to avoid the greatest
war tho world has over seen.
f. t nri".' MtiNrf