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THE HON'pLLXU REPUBLICAN, TUESDAY. JANUARY 14. 1902.
IT IS LIKE FINDING MONEY
The all round satisfaction you get from wearing a pair, of these
high grade, perfection shoes.
When you buy anything, and are satisfied with it. you feel happy
with everything in the world. You can only achieve this by wear
ing a pair of HANAN'S high grade shoes.
VlGlnsrny's Shoe Store.
25 PER CENT
THE KASH CO., ltd
Here are a few sensible suirjiestions for Holiday Gifts:
Linen Handkerchiefs, Gloves,
Smoking Jackets, Bath Robes,
Silk Hose, Underwear,
Shirts, Pajamas, Ties.
All the alune and manv
The Kasli Co., Ltd.
TWO STORES TWO STOCKS.
P. 0. Box 558.
23 and 27 Hotel Street and Corner
The Extra Wear
The IMecnie Paint
and Wall Paper Co.,
IIS Bethel Street. PHONE 62.
becomes another yesterday,
tomorrow a ill become another
tocliiv. don't wait for tomorrow but
more useful gifts are to be
Main 96""and Main 376
of Fort and Hotel Streets.
30 in. Guage 14 ibs. Rails
linkage 20 lbs. Rails
i Judge Humphreys Held to be
t Qualified to Hear New
GALBRAITH WRITES THE OPINION
VRIT TO ISSUE AS PRAY
ED IN PETITION.
Case Now Goes to First Judge otthe
First Circuit Court .Who Is to
Re-open the Matter for Taking
Testimony Under the Amended
Complaint Decision in Full..
The Supreme Court handed down a
decision yesterday in the matter of
the application v of Harvey R. Hitch
cock, Lawrence H. Dee, Harry L.
Evans, Charles J. Fishel, on behalf
of themselves and all other stcckhold
1 ers in the Kanialo Sugar Company,
Limited, for a writ of mandamus
against Honorable A. S. Humphreys.
First Judge of the Circuit Court of
the First Circuit.
Written by Galbraith.
The opinion of the Court is written
by Associate Justice Galbraith and is
An order of this Court remanding
an equity cause to a Judge of the
Circuit Court with direction to re
ceive evidence on an issue raised by
amended pleadings filed after the
close of the original hearing before
said Judge, and in support of which
evidence was offered and 1 ejected,
does not direct a "new trial" and is
not within the inhibition of Section
S4 of the Organic Act disqualifying a
Judge from sitting "on an appeal or
new trial, in any case, in which he
I may have given a previous judg
A petition and application was pre
sented to this Court for a p re-em p to ry
writ of mandamus against the First
Judge of the First Circuit Court com
manding him to proceed with the
hearing of a certain suit in equity
remanded to him for further proceed
ings by order of this Court An order
to show cause was issued returnable
the first day of the present session.
The respondent appeared and inter
posed a demurrer alleging that the
petition does not state a cause of ac
tion. The Petition's Allegations.
It is alleged in the petition that
the petitioners heard by the said
First Judge of the First Circuit
Court, that from the decree rendered
therein an appeal was perfected to
this Court and a decision rendered
November S, 1901, (ante pp. C41 to
C54) wherein the decree appealed
from was reverted and said cause
was remanded to "the Judge of the
Circuit Courj of tfie First Circuit
with instructions to receive such
evidence as may be offered under the
amendments to the pleadings consist
ent with the foregoing views as may
be proper;" that the respondent set
aside cause for hearing in pursuance
the direction of said mandate;
that on the day set for the hearing
the respondent suggested his dis
qualification and want of jurisdiction
to hear said cause and after argument
decided against his jurisdiction and
declined to proceed: that there is no
other Judge of the First Circuit Court
now in said circuit except the respon
dent; that his refusal to proceed with
the hearing is a denial of a clear,
legal and existing right and one that
cannot be enforce'd in anv other man
ner than that sought in this proceed
ing. Respondent's Grounds.
The respondent it appears, declin
ed and refused to act in the prem
ises on two grounds: (1) that it was
not clear that this court intended to
remand the cause to the First Judge
of the First Circuit Court; (2) that
under th provision"; of Sec. S4 of the
Organic Act of the Territory he was
disqualified and had no power to pro
ceed. It Is an answer to the first objec
tion to btate that there is no doubt
in the mind of the members of the
mandate and that said cause was re
manded to the respondent for further
hearing. This intention clearly ap
pears from the opinions filed in thei
cause and the ground on which the
ruling of .the court was based. The
fact that the attorneys for the de
fendants in the equity suit did not
raise the objection to respondent
proceeding to hear the cause is a
ctrong influence that thev understood
the real intention of the court in re
minding the cause.
Provision of Organic Act.
The provision of the Organic Act
that Is claimed to d'squalify the re
spondent reads: "No judge shall sit
on an appeal or new trial, in any
case. in wnicn he may hare given a
It Is contended that the mandate
directs a new trial of the cause and
that the respondent having rendered
a previous judgment. I. e the one
appealed from 5a that cause, -he has
njgnower to proceed as directed la
tSfefaandate. The language of the
Oceanic Act is plain. saaraWgwws
&nd .mandatory. No jadcecas sit oa
a. nw trial of any case -wherein he t
has rendered a previous jsdiaeai
If the mandate directs a new trial
l he 11 the contention of the respondeat
is correct and be is without jurisdic
tion and cannot proceed.
What the Mandate Directs.
It is contended for the petitioners
that the mandate does not require or
contemplate a new trial but only d
reels the completion and perfection
of the trial had at the former hear
ing: The hearing of evidence on new
issues raised by the amended plead
iags and not a rehearing of tne is
sues on which evidence was receiv
ed; that the decree appealed from
was not heard on its merits; that it
was reversed on a motion based on
the ground that the trial had not
been complete and that the term
"new trial" in the legal and technical
us'.of the tenn !f ne,ver ?pUed t0
equity cases and tnat for this reason
the disqualification of the Organic
Act does not apply to this case.
Definition of a Trial.
A trial is defined as "the examina
tion before a competent tribunal, ac
cording to the laws of the 'and, of
the facts put in issue in a cause, for
the purpose of determining said is
sue." Bouvier's L. D. A new trial
is "a re-examination of an. issue in
fact before a court and a jury, which
has been tried at least 6nce before
the same court." Bouvier's L. D.
A reading of the opinions referred
to will show that the cause was re
manded not "to retry" an issue or
issues that had been tried by the
lespondent but to try an issue that
he had refused to try; that a retrial
of the entire cause was not contem
plated nor expected by either the
court or the counsel employed in the
cause and that a trial the examina
lion of a fact or facts put in issue
by the amended nleadincs was all
that the mandate directs. The fact
that the decree appealed from was
reversed and another decree must be
rendered at the conclusion of the
hearing does not militate against
this purpose of- the court for the
reason that it was necessary to re
verse the decree in order that the
cause might be re-opened for a furr
ther hearing on the new issue raised
by the amended pleading filed and al
lowed after the hearing had conclud
ed. Another decree, either in the
same form or in different form and
spbstance covering all of the issues
tried will be necessary at the close
of the hearing directed.
New Trial' Not Ordered.
We conclude that a new trial was
not ordered or contemplated by the
mandate and that the respondent is
not disqualified under Section S4 of
the Organic Act from hearing the
cause as directed by the mandate
We do not deem it necessary in
this cause to pass upon the question
raised and discussed at the hearing
as to whether cr not the phrase "new
trial" is at any time applicable to
causes in equity.
Let the demurrer be overruled and
the writ issue as prayed in the peti
tion. W. F. FREAR.
C. A. GALBRAITH.
G. A. Davis. J. A. Magoon. T. Mc
Cants Stewait and F. M. Hatch for
petitioners. Kinney. Ballou & Mc-
Clanahan, Robertson & Wilder
F W. Hankey for respondent.
Remaining in the Honoluu Postoffice
Up to January 11, 1902.
Allen. Mrs L
Archer, G H
Allen. T M
Berry, Cpt H H
Brown, Cpt J W
Brown, W J
Burns. W M
Calmane. Mrs H
Chapin, F II
Marriner, J S
Norton. Miss I
North, W E
Palmer, F C (2)
Paris. Mrs Thos
Parker. J R
Pierce. Mrs MA
- Rathburn, W
Clark Redone. E
Cockett, Mrs L
Cockett. Mrs T L.
Dorland. P M
Duggan. R J (2)
Regan. J J
Reid, Dr R K
Rieger. W M
Rickard, Mrs "W
Rice, Geo B
Robinson. T R
Rhoten. II H
J Simpson. Mrs B .
Smith, E C
Smith. E K
Goslinsky, Mrs E Smith. Henry S
Grandin, Mrs F Smythe, Mrs
Gurney. W H
HalL Annie (2)
Haas. E F
Harris. Miss R
Hagen, Mrs G
Herd, Thos (2)
Hearne, E "W
Heen. Wm H
Holt. Miss A
Hunt, John F
Jull, Mrs Anna
Stacy. Mrs C
Todd. Mrs John
Thompson. J E
Thornton. W II
Vogt. G H
"Werner. Mrs J
Jewett. Mrs A West &. Watson
Jephson. Mr White. A M
Jensen, P Wilson. Jas B
Janes. W W Williams, Ben
Laaupile Ave Woobevv G S
Late? Gns M Wright." Sarah W
Loucks, F H
When calling for these letter "please
ask for "Advertised."
JOS. M. OAT, Postmaster.
Rev. J. JL Yincltec; pastor of the'
Bedford St- M. a Church. Camber-'
land. lad-. U. 5. A-. says: "It af-j
fords me crest pleasure to reeom
raead Chamberlains Colic. Cholera.,
and Diarrhoea Remedy. I have ased ,
it and know others who have never'
known it to faiL" For sale by all,
dealers and drusrgfcts. Benson. Smith
& Co.. agents for Hawaii. ,
IMPORTER AXD DEALER IH j
JAPANESE PROVISIONS '
and General Merchandise!
JAPANESE LIQUOR, direct from
Sole Agents for RYOKO MASA.MUN2.
Phone Main S2.
Everybody should have one of
J of our American Russia Leather
A diary is almost indispensable
to the business and social man.
If you have never kept one begin
the New Year right by doing so.
When you once begin you will won
der how you have got along with
Best "Excelsior" Dairies, in
American Russia Leather, Imita
tion Russia and Black Cloth.
Pocket size . . . 75c to 52.00
Office $1.00 to 3.00
Hawaiian Hews Co.,
On the way to the Post Office.
A Straw Hat
Is the most kumfortable and
koolest kind of Head Gear for a
klimate like ours.
Get any style, shape or quality
made to order to suit your build
Straw Hat Manufacturer.
Nuuanu St. Opp. Sayegusa's
Tramways Time Table.
Cars leave Waikiki for Town at
3.45, 6:15, 6:45 a. m., and every 15
minutes thereafter till 10:45, 11:15
and 11:45 p. m. from Waikiki go to
the Punahou Stables.
, Cars leave Rifle Range or Pawaa
switch for Town at 5:5S a. m. and
every 15 minutes thereafter till 11:03
p. m. i
Cars leave Fort and King streets
corner for Palama at 6:10 a. m. and,
every 15 minutes after till 11:25 p m
i Cars leave for Palama only at 5
and 5:30 a. m.
Cars' leave Palama for Waikiki at
5:45 a. m. and every 15 minutes till1
9:45 p. m., then at 10:15 and 10:45
p. m. The 11:15 p. m. from Palama
for Pnnahon only goes to Waikiki on
Cars leave Fort and King streets
corner for Rifle Range at 5:20 and
5:50 a. m.
Cars leave Fort and King streets
corner for Waikiki at 6:05 a. m. and
every 15 minutes till 10:05 p. m., then
at 10:35 and 11:05 p. m. The 11:35
p. m. goes to Waikiki on Saturdays
BERETANIA STREET AND NUU
Cars leave Punahou stable for Town
at 5:30 and for Town and Valler at
5:40, 5:50, 6:10, 6:20, 6:40, 7 and 7:20
Cars lave Oahu College for Town
and Valley at 6:30. 6:50 and 7:10 a.
m. ana every 10 minutes till 10:10
p. m.. except the even hour and half
hour cars which run from the Stabte
Cars leave Nuuanu Valley at 6:10,
5:30, 6:50 a. in., and every 10 minutes
thereafter till 10-50 p m.
Cars leare Fort and Queen streets
for Punahou College at 6:05, 6:25,
5:45 a. m'and every 10 minutes after
til! S:45 p. m- After that the cars
run to the Stable up to 11:05 p. m..
which Is the last car from Toti
reaching the Stable at 11:30 p m.
A Reliable Remedy fcr
Wall, XTioHols Co.P Itd,
Agents for Territory of Hawaii.
Theo. H. Davies & Go.
Canadian-Australian Steamship I in0
Lloyds, British & Foreign Marine Insurance Co.
Northern Assurance Co. (Fir? and Life).
Canadian Pacific Railway Co.
Pioneer Line of Packets from Liverfoi r
,? 13 est, Kooixxxcj oxx J3ixrIx
2 irS "fc.- -tSB
k &:a..lj r; ' .
l - l v - . t - -. -T-1 i i i' r
Herring-Bone Expanded Meial Lath
Hawaiian Trading Co., Limited
1142 Fort Street .-. .-.
Fred Philp & Bro.
629 King St. WRIGHT BLDG.
A Full Line of mm
Saddles. Harness. Whips.
Collars. Hames. Chains.
Soaps. Bridles. Bits. Spurs
Harness Oil and Dressing. Gall
Cure. Campbell's Hoof Remedy.
Elliman's Embrocation. H. H. H.
Liniment. Etc.. Etc.
SATISFACTION GUARANTEED ON
ALL WORK UNDERTAKEN.
arrrre I rfjp.iaiz
604 Queen Street, cor. South.
Headquarters for Honolulu Prima
Beer. In bottles and oa draught. Al
ways lee-Cold. We can give you the
best glass of Beer In town.
THE ALOHA SALOON
DOITX BY THEIROX DTORKS
For a Good, Tasty Schooner
O IP J3 IS E DR. .
KLEMME IMS., Prmriitsrs.
Simplicity, durability, speed aad
manifolding power ara conceded
to be the four groat essentials in
a typewriting machine, VTe pre
sent to the public THE OLIVER
as the latest aad most striking
embodiment of these features, and
the most radical departure from
otcnr methods of construction.
"Examine this up-to-date ma
cine before deciding upon a pur
chase of an inferior make.
.-. .-. .. Love Buildmj;.
HART & 00., Ltd.
Elite Ice Cream Parlors.
Finest reort in the city.
SODA WATER AND ICE CREAM
Made from Purp Fruit Syrups.
I CHOCOLATES AND BON BON3.
A FRESH HUT 111
Supplied dally with fresh killed meats
alo . .
A LARGE GROCERY DEPARTMENT
FRUITS. ETC., ETC.
Orders delivered to any part f tho
C. a. YEE HOP & CO.
Corner Beretania and Alakea.
Piiovr Bu-e 25
Honolulu Iron Works Go
BOILERS. SUGAR MT.LLS. COOL
ERS. BRASS and LEAD CASTINGS
and Machinery of every description
made to order. Particular attention
paid to ship's blaciamtthlng. Job
work executed oa shortest notice
Beaver . Lunch . Rooms.
H. J. nolte, : : : : pnpr.
Just received a new lot of celebrated
- FIVE C1T CIGARS
New York Capaduras, Washington,
Allston, Union de Cuba,
Grand Republic, Etc