Newspaper Page Text
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tfJ THE HONOLULU REPUBLICAN, TLESDAY, JANUARY 7, 1902. v1
U ?- 3
Judge Estee's Decision in the
WITHIK JURISDICTIONAL POWER ,
U. S. AND TERRITORIAL COURTS j
NOT OF CO-ORDINATE
Pvwers ef Federal Court In Bankruptcy
Matters Clearly Defined Protection
of , Creditors Orders of
the Curt Property Within Jurisdiction
Voeller is Bankrupt.
rHuil J Voeiter wafr declared a bank-1 I
rapt by Judge Kte In the United
District Court yesterday morning in n
written decision, showing that the
Federal Court was within its Jurisdictional
power when, it issued a restrain-In
order to the High Sheriff and that
the United States courts, in bankruptcy,
and theyTerriUrial courts are not
of co-ordinate authority, the Federal
Court being superior. Following are
the main points in thalectslon:
In 'the District Court of the United
State, in and for the District of
naaii. - .
In the Matter of the Bankruptcy of
Paul J. Voeller.
On November 2tth. 1801. a petition.
only verified, was filed herein by
three ef the creditors of one Paul J.
Voeller, alleging, among other
things, that the aki Paul -J. Voeller
"has for the greater portion of six
month next preceding the date of the
Hn of this petition, had his domicile
t Honolulu, and has property in the
city of Honolulu aforesaid, subject to
execution and owe debts to the
. ... j I
snouni or ?z,za.
SaU petition ate sets up thu nature
and chanyiter of the private claims,
showing that the same amount in the
aggregate in excess of securities held
by them to the sum of five hundred
' Obtained a Preference.
- the other altegntlong of said
petition, it appears that one J J.
Byrne had obtained a preference by
legal proceedings, whereby said J. J
had on the 14th day of October,
&H. procured a Judgment against
sM Pnal J. Voeller. In the Circuit
Ooort of the First Judicial Circuit of
Uds Territory In the snm of ?50.0.
and had procured execution to be
ed under the id Judgment, and un-'
der which execution the property of
said Panl J. Voeller had been levied of
ttttkH and advertised to be sold and
disposed of under said execution on Sheriff
V.Qdjioldnr the 30th nay ot Novem-',hat
her. 1M1. at 12 o'clock nt
, the showing made by saW
Hlw" nHU "'" "
. . .J TT,
an order to the High Sheriff of the
"Twtlory. V m. urown. uirecims au.i
ordering hlni to desist from and on-
joining and restraining him from sell-
lug the property of the said Paul J
Voeller and every part thereof until
Uw further order of. this court: and
dlreoting the said High Sheriff a3
.fiiru.itd tn b and anDoar at tho
onnrt room of UU court on Friday.
the SSd day of November, 1901, at 10
o'clock a. m.. to show cause. If any he
.s... ib. Mu rnrtv nf th-'
, . . t irii should not v.n
said Paul J. Voeller
...j r t th Unitnd States Mar-1
gtal for the Territory of Hawaii, and'
a'teo to show cause why --- -
aieo w WH the
, !rflpbrteu goods anatheap at
he enjoined and restrained from soil- r
lag or exposing for sale until after j
the hearing upon the said petition aay cheng
. ( Co 120 King street.
JIPQ. the day set for the hearing of
0 l onfr MOSt
the psUdon and oroer to show cause, I
ttp.to.dat? grcceri ,a toWB.
unUl d day of January. thjng wqukite kept ln stock. HWUTSr.
1SIIB, J. J. Byrne, the Judgment M Jnadc aU g of toyflL a
Hnr aforesaid, and A. M. Brown, thojq YlH? Hop & Co corner of Alakea
Hlgk Sheriff, appeared by their aad Beret&nla street
nays Messrs. Klnney. Ballou & lf you Bre thjnicing of buying a
and"" H. A. Blgelow. and and a good one.go to W. W.
posed any such actioa by this court lnivrightand order one built to suit
the matter upon the following I your fancy. Wright building. King st.
he should not
Question of Jurisdiction.
1 That this court has no Jurisdiction,
as the eald Paul J. Voellor is
ik now nor has he ever been for the
nn.il.. nNu1lnp tVlf . rtntO Of the
o uuuuii .4v.v 1
petition, elthor a resident or domiciled
within the jurisdiction of the court; i
nor had he his principal place of busi
ness within the jurisdiction of theJ
court, as requlre4by v subdivision i.
chapter 2. sec!Ion 2 of the
Act ot 1S9S.
. That this court had no jurisdiction
to remove the property in the
hands of the High Sheriff of the Territory
under the judgment hereinbefore
Section 2 of chapter 11 of thej
B&akraaptey Act. alter providing for
the courts of bankruptcy, confers up-
00 them jarfedktfcm to: 1. AdJdge
; persons bankrupt who bare bad their
principal place of bwsiaess. resided or
asd their domicile within their respective
Territorial jurisdictions, for the
preee4i&g six months, or the greater i
portion thereof, or who do not have
their priscipcl place of business, re
side or have their domicile within the
United States, bat nave property with
in their jortetffctlons. or who have
)"bH adjadcd bankrapts by covrts of
coHipeteat jurisdiction without the
United States and -have property with-
in tbeJr Jurisdictions. "
It is apparent, therefore, that either
one of three condiUons must exist in
order to enable this court to have
iedfetion to adjudge a person a bank
1. The person adjadged to be a
bankrupt must either have had his
principal place of business, resided, or
had his domicile within the territorial
jurisdiction of the court for the pre
ceding six months or the greater portion
2. While not having his principal
place of business, resided or had his
domicile within the United States,
"but has property within their jurisdictions;
3. Has been adjudged a bankrupt by
a court of competent jurisdiction
without the United States and has
property within that jurisdiction.
The petition in this case shows on
its face two, grounds of jurisdiction:
First. That Paul J. Voeller of Ho
nolulu. Island of Oahu. Territory ot
Hawaii, has for the greater portion of
six months next preceding the date of
. rti .it Alln A Uie
me ming 01 iu.& peuuuu. uu
domicile at Honolulu aforesaid; and
(2) nas property in me cuy 01 nunv
,B,U af0resaid subject to execution
and owes debts to the amount of
Either of which two grounds, if
borne out by the facts adduced at the
hearing, would be sufficient to give
th's Court jurisdiction.
Property Within Jurisdiction.
Yut conceding that the petitioning
creditors had failed to show that
Voeller had a domicile within this I
territorial jurisdiction for the six j 0f
months preceding the filing of the (
ut,on 'et u cIearly appears that b
has property Within this ilirisdiCtiOn I I
and subject to the jurisdiction of tne
court; to wit, certain real estate set
forth in the schedule attached to the
petition and estimated to be of the
value of soma $2000. This would, independently
of the provision of domicile,
or residence, bring him within
the purview of the bankruptcy
diction of this Court.
The essential facts which give a
court Jurisdiction of bankruptcy proceedings
appearing affirmatively and
distinctly in this proceeding. 1 am
therefore of opinion that unless some j
other reasons are give why said Voel
ler should not be adjudged a bank-1
nipt, the petitioning creditors are
titled to an order adjudging him j c
Powers of Federal Court. Uui0 thls Court" to assume juridition.iSs'CS."blslid in. 1S5S.
Second. Upon the second objection I as a bankruptcy proceeding Is a pro-!
ranted by counsel to the jurisdiction j ceediiy: in rem and this ccun has BANKING DEPARTMENT.
thls;Court. namely, its power to is-1 isdlction of the siUis. .,
Transact bu:ine 5n au departments
sue the restraining order to the High' 3. It Is the order of jthis Court that j of i,nnkinc
of the Territory it is clear j
tfl Court was fully within jts t
Jurisdiction powers wuen it issued
mill nnler ami '! is not true that the !
TerrlU)rlal Courts- an( ,he Dl6trict ,
Courts of the United States have con
eurm,t or c0ordinate jurisdiction in
It wouja seom qite unnecessary to ',
stete. were it not for the point raised ,
bv counsel brief, that the United (
States District Courts are made
courcjif bahkruptcy and "are invest- j
cYSirrM T A TTP A rTTHWR
DIFFERENT JBt'SJXES? UOTJSES '
An expeoencw ooQKKeeper. maie or
female wanted. Apply Box 455. P. O.
A shirt waist sale of one week s du-
raV.n ' T ? X A' M1taa0
Arlington block. These are all recent-
Another large shipment of Japanese
provisions and liquors to band. H-Hamano.
Shave yourself and save good money.
Whitman & Co. have some
ful razors at moderate prices. King
Hawaiian Hotel Barber Shop sold
some land situate in Humble County
UNITED IN MARRIAGE.
Mr, Charles Sweetser and Miss Grace
A. Farmer are One.
Last night at 6 p. aa. the marriage of
Mr Charles Sweetser and Miss Grace
A. Farmer took place at the resideac
of the sister f the bride, Mrs. S. De
Rev G. L. Pearson, of the
fed -with such jurisdiction in law and;
in equity as will enable them to
else origlnaUBrisdfctlon in bankruptcy,
proceedings in vacation, in chambers
j and daring their respective term-
Section 1. subdivision 2. and
frectloe : o the Bankruptcy Act of
It fe farther provided by
F of Section 67 of the Act, that
All levies, judgments, attachments
or obuiHed through kga'
proceedings against a person who is
insolvent, at any time within four
months prior to the filing of a petition
In baakrnntcy against him, shall fce
deemed null and voki in case he is adjudged
a bankrupt and the property
affected by the levy, judgment, at
tachment or other Hen. shall be deemed
wholly discharged and roleased
from the same."
The decisions constrains this section
are clearly to the effect that it
rras the intention of Congress by the
aforesaid section -to prevent any
Itor of an insolvent debtor from c b - !
taining any advantage over other i
creditors by legal proceedings during '
s period of four months prior to the
filing of a petition in bankruptcy,
whether voluntary or involuntary, and
that all such liens were dissolved by
For Proper Administration.
The province of the Courts to mar
shal tne assets of the -bankrupt so f
that there may be a proper administration
upon his estate, and also that
there may be a fair and just distribution
thereof to his creditors entitled
thereto; and in so marshaling the assets
of said estate, the Court has full
power to restrain any State or Terri
torial Court or offlcr from disposing!
of any of said assets until the adjudi 1
cation by the United States Court of ;
the debor M a bankrupt or the dis.
The provision of the Bankruptcy
Act of 1S67, and which Act was in
force prior to the passage of the Act
of 1S9S. are practically the same as
the latter Act so far as the jurisdiction
of the Court of bankruptcy Is
concerned; and there arc numerous
cases to bo found where the United
States Courts are sustained in their 1
exercise of the power to restrain all
proceedings In State courts affecting
the disposition or sale of the propertv
a debtor pending th decision of the
District Court upon the question of his
bankruptcy. Thi is done so that the
rights of nil nnrtlnc may be preserved
until the proper court can administer
upon the cstnto of the bankrupt or dismiss
the petition as the facts" upon
the hearing may disclose to be
The Court's Decision.
I am therefore of opinion.
1. That th? judguunt creditor has
not shown such proof cf a change of
uuimcjio oy me auior as 10 prevent i
this court from assuming that the
domicile cf origin still exists.
2. Assuming that the domicile of
origin no longer exists, yet it is char
tcrrltor!al jurIsd,ctlon of tne
wh, sufficient to e ,-
the prayer of the petition be granted i
and the said Paul J. A'oeller be ad-
Judged a bankrupt
4. That tht rretrnintnc nrdor Wr- .
tofore ,Mued iu tWf case was proper.
ly issued and-the said A. M. Drown i
High Shoriff of the Territory of Ha-,
wcii directed to turn over to the
United States. Marshall all propertv in
his possession or under his control be
longing to the said Paul J. Voeller
Dated January 6th. 1901.
i"4TriTI?r?Trn T5 V
fTnUfnrtlfn n EVi,l Unrrlcnn tfi. wall.
known contractor here. The price was
in the neighborhood of $1,000. '
. ,, . . , , , . t
The Puupueo Tract has lately been ,
opened up by the Rapid Transit Line
and now is considered one of the most ,
desirable residential portions of the - 1'
town. Lots for sale bv the Island ,
Realt Co.. i...i.t K;u;,; .
Buy land while you can get it cheap
at Kalihi. Mrs. S. A. Gullck Is die 1
poMng of tho Gullck Tract 3t reason- j
able prices. )
Painless extraction of ingrowing toe '
nails, corns, etc. bv Dr. W. R. Bogle. ,
Rccra ,-.,...,-. street .
The Sun Wing Lunir Co. receive by f
every beat fresh fruits, vegetables and j
oyfton; from Califernla and other j
parts. Store at tiie corner of Alakea
and King streets.
You aro a marrbd man and your .
life uninsured, ixmomber the Oriental I
I4f; Insurance Co. offecgreat Induce-,
ments 305-S Stangenwald building.
T!u oH Salter and Waity grocery S
is now being run by Mr. S. J. Salter,
one of th fanner partas. A fine
stock of new roc?ries on hand. Or-
- - : ""
KJrst Methodist episcopal vnurcn. or-
i ficianfd at the marriage which wa? a
verv quiet one. onlv the nearest Saving Deposits will be received
tive belrig prtsent." : ??d interest allowed iv this Bank at
! I jttr cent, per annum.
Miss Farmer wss a teacher of the pi of tije Ries and Reg-
Uhuc school ahd Mr. Swetsr is a ' lations may be obtained oa
engineer employed at the Linue ti.
plantation at which place the couple j
Intecds to make thIr home
WATERHOUSE OFFER ACCEPTED
New Regulations for Loading Wharves
Read and Adopted Fuller and
McAllister Report on Government
Tug's Troubles L:ts at Kilauea.
The Territorial executive council j
devoted the greater part of its morning
and afternoon session yesterday
to a general discussion of Territorial
finances, and the several allotments
made the various departments for carrying-on
Superintendent James H. Boyd succeeded
in securing an additional sum
for carrying on the work assigned to
the Department of Public Works. Af-J
ter a careful presentation of the im
mediate needs of the department. Mr.
HntM irac tA AAA o mnnrK ...
til further notice, this sum is to be
added to the amount already appropriated
for public works.
Superintendent Boyd was also authorized
to accept the proposition submitted
to the Territory by the Henry
Waterhouse Company for the widen
ing of Hotel street. The Waterhouse
Company is to furnish the necessary
land at ?1 an acre, and the department
of Public Works is to widen the street,
set the necessary curbs and attend to
New regulations regarding the loading
and weight to be sustained by government
wharves were read and adopted.
An application from Mr. St. Sayres
to have his dealer's license changed in
location to his bottling works at
Reports from Harbormaster Fuller
and Captain McAllister of the tug
Eieu. regarding the recent trouble
met with by the government tug in
her competition for business with the
Fearless were read and placed on file.
Mr. Nawahi's application for a light
wine and license at Kalapana.
Hawaii, was not approved.
A renewal of W. D. Scott's light
wine and beer license at Paia. Maui,
The council failed to act upon tin
proferred land along Fort street of
fered by Father Valentine. The
was to widen the thoroughfare.
A rquest was presented by the Land
Commissioner, E. S. Boyd, for opening
lots n Kilauea. Hawaii.
Large Temperance Csnvention.
The officers of the Anti-Saloon
League are at present discussing a '
plan for having a large temperance
convention in thFs city either in the
latter part of Janua.y or early in February.
Collections carefully attended to.
Exchange bought and sold.
Of Credit lSHOd on The Hank Of Calif-
ornia. ana NVM. Rothchild & Sons.
njal Commercial Banking Co. of
Sydney, Ltd.. London.
Drafts and cable transfers"on China
land Jhpnn through the Hongkong &
Shanghni Banking Corporation and
BaDk f Al,straha &
inte"rest allowed on term deposits at
the following rates per'cent per an
Seven days notice, at 2 per coat.
Three months, at 3 per cent
Six months, at 3 per cent.
Twelve months, at 4 per cent
Act as Trustees under mortgaj :es.
jiauHRi' irvui aau personal.
Co,ect rcnts aD(, dlvidcnds. valuable
rnpt.rs. Wills. Binds, etc.. received for
., , . .. .
Auditors for Corporations and Fri-
Frms JQo amlnd and re-
horted on. Statements of Affairs pre-,
pared. Trustee on Bankrupt or In
Office. 924 Bthel Street.
. , . . . . . . ,
Deposits received; 3nd Interest al
,owed aJ. M?nt per annum ,n
accordBnc with Rules and Regula
tlons. copies or which may b obtain ,
msuKANUt utPAKimtNi. j
Agent for Fire. Marine. Life. Acc-
.- it-i .,.-, i i.i,..
-;"; Z"" n"T" J J
insurance Office. 92 J Bethel Street.
BISHOP & CO
DHMljluD Dilll !,
Office at banking bulldlnj on Mer-
chant street. -
BISHOP & CO.
Comparisons brins out the Jtrons
points in favor of oar glasses, demonstrate
superiority in the make ami finish
of our frames and show the hichly
polishod. clear cot and accurately centered
excellence of our lenses.
FACTOItr OX THE PKEMISBS
!.. N. 5dNFORD,
Boston Building. Fort street-
Tha Tri -Weekly Leading Newspaper.
Best Jab Printing at Lowest Prices.
Proprietor, - - DB. T 3HTAKTntA
Editor, ....... T. KXMUKA
River Street near Beretanla Bridge.
P. O. Box S42. Tel. White 54L
Claus Spreckels & Co,
HONOLULU. - H.T
San Francisco Agents The Nevada
National Bank of San Francisco.
DRAW EXCHANGE ON -
SAN FRANCISCO The Nevada' National
Bank of San Francisco.
LONDON -The Union Bank of London,
NEW YORK American Exchange
CHICAGO Merchants National
PARIS Credit Lyonnais.
BERLIN Dresden Bank.
HONGKONG AND YOKOHAMA
The Hongkong and Shanghai Banking
NEW ZKAI.AND AND AUSTRALIA
Rank of New Zealand
VICTORIA AND VANCOUVER
Bank of British North America.
TRANSACT A GENERAL BANKING
AND EXCHANGE BUSINESS.
Deposits Received. Loans Made on
Approved Security. Commercial and
Travelers' Credit Issued. Bills of Exchange
Bought and Sold.
COLLECTIONS PROMPTLY ACCOUNTED
i i BUTTER MiK
Delivered twice daily to any part
When ordering ring up BLUE 3171.
A. B. DOAK. - Manager
Cltv office, phone Main 331. P. O
!0MU RAILWAY AND 1AND GO
Froia and After 'January 1, 1901
Dllr Dally Dally DaUy DaUy
an p pa
Hoocte!u 3J5 am aut
Sa3 11 :W
ZnH'U Si3 10 J :sm
S'fclaJiA' .... 0Or
Bftllj DUr -Daily Oall
s tkta a a S3
Wftl&SAa 1:19 af
Enam '.llS X-C
"toolalo 330 SJSC 3
P. BRNISON. F. a 8HITH,
January Sale of Ideiilii
This is our first GREAT SALE OF MUSLIN UNDERWEAR aad
we jnake it the most wonderful sale of any kind ever held In
Honolulu. iq words that, we could use would bo tco stroeg in describing
the splendid values which we shall offer for the six days
of this sale. The prices, we honestly believe, are the very lowest la
the world for good goods. And these are good goods. Every
this sale has been selected with the object in view of causing
every buyer u become a permanent customer of the house.
Most people know how oar sales are conducted. They know that
a WHITNEY MARSH SALE is a sale la fact as well as in name.
They know that the day before the sale begins, or the day after It
ends, they cannot purchase any article at the swrae prle that prevails
In the sale. In this instance .to every piece of underwear which
figures In this sale there has been pinned a plak ticket bearing the
sale price. If there are any garments left at the close of the salo on
Saturday afternoon these tickets come off and tho articles go back
to their original prices. There are two more sales of ether articles,
which we will not now mention, to be held In the two weeks following
this. In both of these sales the same policy of extraordinary
prices for the week of the sale only will be carried out
Muslin underwear Is this year daintier than ever before It is
made mostly from fine, sheer fabrics; muslin, cambric and Jaws,
trimmed with pretty insertion, embrolderle and ribbons. The nbsat
gowns usually have low necks and short sleeves, with trimming of
ribbon and lace or embroidery and are especially suitable to this
Corset covers, chemises, petticoats and drawers are characterized
by a wealth of variety In style and daintiness In trimming
VIIIT:V3S"Y Jfc VKgstll. Ltd. .
A boy once wrote: "I luv a
rooster fer tew things one is the
krow that iz ln him. and the other
is the spurs that air on him to
bak up his crow with."
We admit having crowed often
and loud, but we have the "spurs
to back up the krow." - .
We sell pure
H. MAY &
Telephones, 22, 2 1, 92.
Of healthful refreshmenL inspl
Its absolute purity combined with h
make it a delightful bevcrago and
Order a case from Brewerr for
F well and not
I. In every
.R H. H.
E. W. QUINN
Estimates furnished oa
The Patronage of Archi
tecta and Builders Solicited.
P, O. Box J2. 115 TcBioa St.
I - itr it,
?,. wi r i .j.
P. 0. Box 3S6.
ration and delight In a glass of
i Afizr l'
lulL9f5 T J
the rare flavor of the choicest hops.
the best tonic.
table use. Main 311.
that will wear, look
cost too much.
wood, color, shape and
1118 Fort Street.
No. 54 Hotel, opp. New England Bai
err and Hotel street, omu
Suits Made to Order In Mn Latest
Perfect Fit Guaranteed.
Clothing Cleaned, Dyed and Reair