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title: 'Honolulu star-bulletin. (Honolulu [Oahu, Hawaii) 1912-current, October 08, 1912, 2:30 Edition, Page 3, Image 3',
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HONOLULU STAB BULLETIN, TUESDAY, OCT. S, 1012.
THE business man
who will spare a
few minutes of his
time to the photogra
pher of today will please
his entire family.
His portrait produced
by present day methods
of photography will be
an agreeable surprise
it's done so quickly and
Make the appointment today.
-r- OF NEW LOAN FUND
iii.trit.in ,v I ,
v w" WV.T. mutt
h.irs T1 a,10meni8 a'feady
to the various commissions and otb-
rs being prepared to hand over to
the commissions for proposed im-
provements Just as soon aa advertise-
menu for tenders have been made
ana the tenders for the jobs have
come in to tne commissions. t
one or me nrst allotments is io4l6 after, on August 10 of the tam ear,
for the construction of the school- an amended bill was substituted there-1
bouse at Hana, Maui, the contract for for, with the same parties as plaintiffs
the Job having been let to Otto Oss end defendants, except that Sanford xij
for that amount. I Dele, administrator with the will an-
? The allotments to the various pro-' nexed and guardian, was Joined there4
Jects arranged by the Governor some in as an additional party plaintiff j
time ago were only tentatives, antj the Such amended bill alleged, among oth
commissions that expect to get the er things, an omission in the copy of
money, for them must "get busy" Im- the will furnished by the court to the
mediately, for it is to be a case of said A, F.'Jndd, whereby the said ex-f
?fir8t come first served," within cer-. ecutors and, guardians not being fully'
tain limitations of course. The Gov-' advised of the true nature and intent
ernor doea' not care to repeat the ex-! of the said -will,- procured their dls-:
periencfe of a year ago, when allot-
ments were made for certain projects
that were not in shape to make use
tf the 4 funds, with the result that a
large sum of money still remains in
ihe Territorial treasury unused. Here
after: the money will not be allotted
to an improvement until the commis
sion in charge is ready to make imme
diate use or the money.
;j Applications' for allotments are com
tag In rapidly from the various comr
missions; and in almost every' instance
wiey are - fV u n
to jr ant. them r as much of the loan.
tvt SSI f
rouuu r.r.i..vi " L . V.Vr thereof, and the duties of the sald
by the time all the cash is on hand. truetees the tveral beneficiaries
AT LjUUOKALANI SCHOOL
At a meeting of the commitee at
Elks Hall at noon today; the program
for the flae-ralslng at UHuokaiant
bc hool, Kalmukl, on Friday next at 1.4&
p. m., was arranged as far as couia oe
titan. It is as follows:
1 Overture ..........Hawaiian Band
2. Introductory remarks Presi-.
dent H. C Davis of Waialae, Palo
lo and Kiamukl Improvement Club.
" ' Sarhhol AndAudience
4. Flag-raising ..
Geo. W. De Long Post, G. A. R.
5. Song"Red. Whtte and Blue"...
r. Flac silute and drill School
J. Finale "Star Spangled Banner".
...... U.. Led by band
Since last previous meeting the com
mittee was regretfully informed .... by
Ji-dge R. P. Quarles that he would be
unable to deliver the oration as prom
ised, having been called away to Maui
in business. ,
Admiral Cowles was unable to com
ply with the request for the services
of the Marine Corps band, but through
the kindness of Acting Bandmaster Na
one and Mayor Fern the Hawaiian
band, although on its month's vaca
tion, has been promised for the event
Major Timberlake kindly granted
the request of the committee for the
services of two buglers to officiate at
the hoisting of the national banner.
Major Timberlake's young son will as
sist in the ceremony by handing the
flag to the G. A. II. onVer of the day.
The Grand Army ritual for flag-raising
will be performed.
Miss Xeedham. principal of the
school, will cooperate with the club in
earning out the program. The flag
solute and drill will be performed by
pupils trained in those respects. Pos
sibly a well-known soloist will lead in
the song exercises of the school.
The committee wishes the residents
of the district to display the national
colors on the day of the event.
Lucy Goode White, the only woman
who ever aspired to a seat on the Cal
ifornia superior court bench, failed to
pass her examination for entrance to
the California bar.
Nearly one-third of a million dollars
for foreign missions was received into
the treasury of the general conference
of Seventh Day Baptist during the
past eight months.
POLITICAL NEWS AND NOTES
At a meeting of precinct club pre
ider.t at Petrocratic headquarters
a-f niFht arrangements were madc
ior ipe mi; rasss meeting at AaJa Kahalepuna. J. U Coke. John MarK
I'ark tpnorrow night, which wi:l ton-! ham. M. C. 1'achec-o. J. J. Fern.
Ml tufe th- owning gun, of the tain-J
iaie;n. There will le music by a' 'There was no meeting of the Re-
ivuinicirr 1..1UD. uui tne nana win not
, t-e prc-Bent owing to the lact that its'
'members are on tneir annual vaca
The meeting is called for the pur-
!ose of introducing the Democratic
fandidntes to the electorate and those
in the race will at this time announce
their positions on questions of inter-
! et. to the public. The list of kpeak
; rs follows in the order named: C.
McCarthy. Jack KaJakiela, K. H.
F. WoMer. T. .1. Ryan, C. H. Rose. J.
, V. Asch. .1. M. Poepoe, S. S. Pax-
: (Continued (rom Page 1)
lendants, by A. G. M. Robertson,
his guardian ad litem, "a one-third
share or interest in said fund, sub
ject to the life interest therein of
ihe said Irene li Holloway. or the
said John II Estate Limited, as the
assignee of her life interest."
, For convenience, wherever used in
this decision, the word Estate shall
mean John II Estate Limited; the
word Irene, Irene 11 Brown or Irene
'II Holloway, as the case may be;
the word George George II Brown;
the word Francis, Francis Hyde li
L'rown, awl the word Children, the
surviving children of C. A. Brown
and Irene I! Brown, being the said
j George and Francis.
Story of Case.
It appears that on April 7. 1894,
after the marriage of the said Irene
with thp'stid f!. A. Rrown . and thn
-birth of her three children, two of
twnom are now surviving in the per
.'sons of George and Francis, A. F.
jUdd. one of the executors of the
. last will of John li. deceased, the
8Uch guardian, brought a bill id
equity before a circuit Judge of the
FlnV circuit, for himself and a
next friend of the said Irene and hec
saii surviving children, against th
sajd c. A. Brown; and that there?
charge as guardians of the said Irene-
upon ner marriage; out inat, upon oe
will, believed that they were therebyj
constituted not only' executors, of the
will and guardians of the said Irene,"
but also trustees with the right to the
control of her estate daring her life;
and that under and by said will pro-;
vision, was made for the children ou
said Irene and also for the support of;
68 id Irene, and it was important to ob
cum. a cousirucuoa oi suca. provisions;
and the relative rights under said wii
cf such minor children and the said,
gaid Q A fiw)wn m
to the said estate, and to the fine
aforesaid under said will, and prayed
among other things, "that the terms
and provisions of said will and the du
ties and obligations imposed upon the
said A. F. Judd and S. B. Dole as afore
said be defined and determined."
Comes Before Perry. ' r "
After proceedings before Judge
Cooper, a circuit Judge of such cir
cuit, ,who resigned his o'ffice before
reaching a decision, the matter came
up before Judge Perry of the same
circuit, who, on the 16th day of April,
1906, reserved certain questions of law
tc the Supreme Court,' as follows:
1. Was a trust created in the prop
erty devised to Irene li by the will of
her father, John li?
2. If such a trust was created, is
the trust still is forcer! rene having
married, attained majority, and ZiaC
Israe of said marriage, which issue
still Survive? '
S. If such a trust still exists, is
the Interest- of Irene li Brown "under
the same absolute or for life only?
4. If, such a trust stil lexists, is
It Etich a trust that the court will upon
the proper motion order an immediate
conveyance of the property to Irene
5. Has Irene li Brown a fee simple
title in said property, or is her estate
enc for life only? I
6. Was an estate in perpetuity !
creat by" said will, and if so was its
effect to vest the estate ahsolutely in
Irene li Brown?
7. If there are any remainders in
said property, are they vested or con
tingent and in what perron?
S. What legal and equitable estates
have the several parties-plaintiff and
defendants under the wll o' John li
and the circumstances shown by the
pleadings and evidence?
The Supreme Court, on the 4th day
of May 1897. ruled that the first ques
tion should be answered in the affirm
ative; that as to the second question,
the trust became extinct upon the mar
riage and majority of the devicee
Irene, and that as to the fifth question
the devisee Irene had an estate in fee
simple in the prooerty devised to her
by her father's will. It was consider
ed by the court that it was unneces
sary to decide the other questions, in
view of the rulings already made. Xo
further proceedings appear to rave
been taken. The case was not re
manded to the Circuit Court nnd no
decree was entered in either court.
This case will be hereafter referred to
as the first case.
-Bill In Eouity Filed.
On the 27th of January, 1903, a bill
DOLE S DECISION
ym. Kapiho. A. J. Wlrte. W. 1'. Jai
rett. I-ster Pefrie, W. II. McClellan jof gai(j proceedings and decision and
C. P. laukea, Joseph Lightfoot, It. N1 also the plaintiffs' titles therein c'lalra-
, puDiican ciub or tne nmin precinct
the Fifth District last night, as the
(morning paper says, Edward Moreno,
'a member of the executive commit-
tee of the club, stated this forenoon.
) "It is true that a petition was signed
by sixty members for the removal of
Solomon Mahelona from the secretary-
ship, but the club has held no meet
ing to consider that matter. The ex-
ecutive committee has gone on record
to ignore Mahelona and all his move
ments in the present campaign, and
that is all there is to it."
in equity to declare and execute a
trust was filed in the same Circuit
Court by the said A. F. Judd, as next
friend of George and Francis, minors,
against C. A. Brown, John A. Magoon
and Irene; which will, after narrating
the history of the proceedings relat
ing to the estate of the said John li,
deceased, alleged that the said will
directed that if the said Irene should
die, having borne children, the said
property should descend to her chil
dren, but that she should be the first
heir, meaning and intending thereby
that during her life she should have
the use and benefit of the said prop
erty, and that her children, by virtue
of said will, are "the absolute owners
in fee" of the same, subject only to
their said mother's life estate; and
further alleged the divorce of the said
Irene from the said defendant C. A.
Brown, and the execution of a deed of
conveyance by them of, the "said prop
erty" in trust for the organization of
a corporation to hold the same and
to deliver one-third of the shares to
the said Irene, one-third to the said
Brown, and a third to the plaintiffs,
which corporation was duly organized
under, the name of The John li Estate
Limited, and delivery of shares made
accordingly, except that one - share of
those to be issued to said Ct A. Brown,
was caused by him to be issued in the!
name of J. A. Magoon, one of the de
fendants hereto; and contended that,
the defendants held soch shares sub-;
ject to a trust' that upon Irene's death,
Che same shall be assigned to the
alaintiffs. ... ,
The. bill thereupon contended that,
no legal adjudication had been mad 6)
of said questions of. law, referring to
the reserved questions upon which,
the Supreme Court had ruled as . set
forth above, for the following reasons,
1. No decree was made in any of
2. In all such proceedings, the chil
dren and Irene were represented by
the same counsel, although their inter:
ests were conflicting.
3. No court which -was organized
as required by the Constitutipn of the
Hepublic of Hawaii had obtained - ap
pellate Jurisdiction of any of the said
reserved questions of lflwrf v .
4. The jurisdiction of the said Su
preme Court concerning the construc
tion "of the said will, if It ever exist
ed, ended upon its determination that
no trust was in existence concerning
the said property.
6. All matters of law. arising and
pending in the first case before Judge
Cooper were-required -by law to be
decided by him and by no other court
or judge, and the same, nothing hav
ing been decided by him, were not
lawfully presented or decided by any
other court or judge.
1 tt. There was no statutory or other
authority to reserve questions of law
in the first case for the opinion of the
Supreme Court and such reserved
questions of law did not lawfully come
hefore such court, and so it had no
Judge Whiting's Authority.
?. Judge Whiting of the Supreme
Court had no constitutional authority
to reorganize the Supreme Court, two
of the justices thereof being disquali
fied, by Installing two members of the
bar of the Supreme Court to sit in
their places for the decision of such,
8. After argument upon such re
served questions before such court,
upon the withdrawal of one of such
substituted justices, before an opinion
was reached by such court, a new
court to hear argument and decide
such questions could not be lawfully
The bill prayed, among other things,
for an order restraining the defend.
ants from disposing of the shares held
by them as aforesaid, and that they
be decreed to assign the shares held
by them in a trustee in trust during
the life of said Irene, to pay the in
come thereof to those entitled thereto
and at hex death to assign all of the
said shares to the plaintiffs; and for
The bill was demurred to on gener
al and special grounds, one of the lat
ter being to the effect that "It does
not appear that any of the property
or estate of the plaintiffs was con
veyed to said corporation either by
them (Irene and C. A. Brown) or by
any person purporting to act in their
The court sustained the demurrers
on the ground that the deed of con
veyance referred to, which was made
a part of the bill, did not convey or
pupport to convey the estate of the
plaintiffs in the "said property" the
estate of John li, deceased supposing
they had an estate therein.
The plaintiffs thereupon amended
their bill by adding thereto averments
of intention on the part of the grant
ors of the said deed or conveyance to
convey to trustees for the organiza
tion of a corporation the fee simple of
the lands devised by the will to the
plaintiffs, and that the ownership in
fee simple in such lands was claimed
and exercised by the said corporation
by virtue thereof; that the defendants
claimed that the said proceedings and
decision of the supreme court were
conclusive upon the plaintiffs and
forever barred tliem from setting up
any title under the said will to the
said lands, and that by reason of the
said decision o the Supreme Court. 1
they have been deprived of trustee s as
provided by the said will for the pro-"
tprtion of their intprr an romnin.
Idermen. and that unless th invaiiHUv
ed. be declared by the court, a cloud
will rest upon their title, and their
rights as such remaindermen may be
subject to costly and difficult leeisla-
j: is admitted bv all parties that
Irene has had only three children
George. Francis and I ernice li, ana
that the latter died in infancy. By
the Hawaiian law of descent of prop
erty. Irene and C. A. Brown, the
parents of Bernice li, are her heirs.
A decree will be entered requiring
the said fund of ten thousand dol
lars be paid to a qualified trustee
satisfactory to this court, who shall
be required to invest such found and
pay the income thereof, subject to
proper charges, to Irene during her
lifetime, and at her death to pay one-i
third of the principal and accrued
increment to George or his represen
tatives, and one-sixth to the represen
tatives of the said Irene and one-sixth
to the said C. A. Brown, or his re
i.resentatives. with the contingent
provision thatvif any other children!
should hereafter be born to the saidiK ' Oahu, mentioned in this -paper
Irene, such distribution to be made
according to the interest of all her
children and their representatives,
under the rule set forth in the fore
going decision. The suggestion is of
fered thai the estate, otherwise the
John li Estate, Umited. be named mj ni 100, and the price for all was 26.25.
the decree as such trustee; and cpun-(PIoneer fel1 off one-half point for 30,
sel will be heard on this point if they!5 65 shares at 31. Hilo Railroad
Wallace. McDougall, well known
about town, was placed under arrest
and languishes at the central station
with, a charge of passing a worthless
check against his name..
Chief of Detectives McDuffie was;
called upon by the management of a
local cafe to seek McDougall. it be
ing alleged that he visited the place
and, after enjoying the hospitality of
the restaurant, tendered a check on a'
Honolulu bank for ten dollars, in pay:
ment of his account.
: Tjte amount was deducted and
change was given - McDougall, but a
day later it was discovered that. the
piece of paper was worthless in that
it was not backed up by sufficient
funds at the bank in question. ,. ,
The police allege that McDougall
may have other and , more . serious
charges to answer to before the law
has taken its course.
McDougall is said to be well con
nected on the inainland. . He has been
a resident ofrHonohilu but a few
months and is said to have traveled
a pretty .fast pace i
Special Star-Bulletin Correspondence) ;
. WAILUKU, Oct 7. Great interest
was taken last week Saturday in the
bids for the Maui, belt road extension,
the work of the Keqkea Reservoir and
the Hana School house. . These new.
improvements are of decided import-!
ance to the whole .of MauJ. The fact,
too, that several firms outside of Maul
offered bids on the work created some
excitement Only $77,000 is available
according to tbe appropriation, for the,
Belt Road Extension and tbe lowest
bid was $84,000, that of J. WiUon.
The other bids were as follows:
Hugh Howell, $117,625; Lord Young
Engineering Company $90,000.
For the Keoka Reservoir, A. A. Wil
son, $14,472; Hugh Howell. $13,752
and Gomes $11,427.
For the Hana School house the bids
vere as follows: A. A. Wilson. $6,850;
Freitas and Fernandez, $6,665; A.
Young, $6,689; Otto Oass, $5,416.
The Maui Telephone Company is
making decided changes In their head
quarters at Wailuku. The old house
will be enlarged, and thoroughly re
paired. The improvement will make
possible the use of the front portion,
of the house for the residence of the
manager of the Wailuku division, 41;
fred G. Martinsen. He and his briflV
expect to be able to move in within
two weeks time.
DIAS POURS OIL ON
RUFFLED PRECINCT WATER
J. P. Dias, Portuguese interpreter
in Judge Monsarrat's court, acted a
good Samaritan last night in his pre
cinct of the fighting ninth, Fifth; Dis
trict, when he poured oil on the
troubled waters among the members
who have been thinking of demand
ing the immediate resignation of Sol
omon Mahelona from the secretary
ship. Those who have been preparing pe
titions for Mahelona's withdrawal
from the secretaryship, told the Star
today that it was through Dias' ac
tion that they withdrew their kicks
against Mahelona last night.
According to the boys, they are
willing to await further action against
Mahelona, at least for the present
until after the election is over.
Hakalau Leads the List.
Sugar awaiting shipment on Ha
waii includes the following consign
ments according to a report brought
to this city today . with the arrival of
Purser Philipps in the Mauna Kea:
Olaa 6500. Onomea 3365, Hakalau
9574, Laupahoehoe 620. Hamakua
Mill none, Paauhau 70m, Puualuu
2100, Honuapo 3900 sacks.
ill DOUGAL FACES
X ' - ""'v A..
MftlLMMlO 1ST. -
triable, aroidiaf 4nc Vipoirod Cwwki
Ik fMsyM o Whoopior Coarfc a4
rum at awe It b MM
Irom Amkma. The air ranytar tbe aanaretic Taper,
latptee vfcb ewy fcrrwlw make bmtfciaf mn I
aaUMatfcc tore throat tc4 rto caata. awwte
rcatfaJaifta. It U imibiabte to aot&ctl ViU TW
Sca4 M postal Hw kookW.
Try CrvmluM MittL
ttpbe Tkmml Tmkhtt
for im irritatta1 Araac
They are siapie, eff ret
ire aa4 aaitKpac.' Of
ye 4raniar or froa
at, IOC in ftamaa,
OAHU SELLS HEAVILY
AT 3-4 ADVANCE
Abundant proof of the strengthen
on Saturday last, is given in today's
stock list. No less than 795 shares of
Oahu sold between boards at an ad
vance of three-quarters of a point Qvgc
last previous sale. Ten lots figured
in the total, two of them 200 each and
common was uncoangea , at tor
205 shares in recess and 5 and 40
shares on the board.. - Brewery held
22 for IS. 25 and 15 shares. One oth
er transaction reported was $3000 Hilo
Kail road Extension sixes at 97.
Honokaa declined two and a quart
ter points in session sales of 50 and
10 shares at Onomea dropped naif
a pplnt in a sale of 10 shares at 57.75.
Pineapple is without change at 44 for
5 sharea." -4 ...
Entered of Record Oct 7, 1912, from
. - 10:30 a. m. to 30 p. m.
R Kajita to Bishop & Co CM
I Kudo to Bishop & Co ..........CM
T Tanouye et als to Bishop & Co.. CM
Y Hi rata to Bishop & Co CM
Annie Gribble and hsb to Warren, :
Dease .. .. ...D
Warren Dease and wf to Annie Grib
John H Magoon tr to John Ampy
Walter. E Wall and wf to Bank of
Hawaii Ltd .- M
Chas Mahoe and wf to Emma A :
Cecil Brown tr to Bank of Honolu
lu, Ltd .. ... ..............i.A
Cecil Brown tr to Bank of Honolu- .
lu, Ltd .. AM
Palolo Land & Imprvmt Co. -Ltd, et -'
, als .adv Territory of Hawaii . Jdgmt
Victoria N Meyer to Kalihl Taro &
-1 Land Co- Ltd - ....,.;.,... Rel
James Grube and wf to Annie G
Blxby 'I. '. i: '..V. ;V. . . ...... D
Entered if ttecord Oct 1915, from
9x30 a. m. to 10:30 a nr.
Annie K Koomoa and hsb to Keua- ' j
Keualani Simona to K Yokoyama . .M
Joe'de C Pimental to-Sinichilo Fu
v kata ...; .. ....L
Emily K Kaohi to T Takata .L
Young Men's Savs Socy Ltd to L
Bennett Namakeha ....... ...Rel
Frank Sakamaki to Toichiro Hi rata
et als ";.v" ......... i.A.AL
Frahk Sakamaki to Toichiro Hira-.
ta et als .. BS
C Brewer & Co Ltd to Paukaa Ag- :
ricultural Co Ltd .. .... . ..... . .D
C Brewer & Co Ltd to Moaula Ar
ricultural Co Ltd . ; . . . : . . I..... D
C Brewe r & Co Ltd to Kuhua Ag-;
ricultural Co Ltd .. ........... .D
Pioneer Mill Co Ltd to Mutual Tel
ephone Co Ltd v. ...... p
Henry Smith tr to Kaiohelo Kawai.
kau ........... Rel
There are millions of dollars of cur
rency outstanding, lost destroyed or
being preserved as souvenirs which
the federal government never will be
called upon to redeem.
Edwin L. King, -secretary - of ..the
Pratt & Cady company of Hartford,
was appointed permanent receiver for
the , company by, Judge4 Holcomb.
The Honolulu Gas Co., Ltd., s has an
opening for two bright young men
about eighteen years of age as meter
readers. Good hantf-writing essen
tial. Apply Alakea and Beretania.
526l-3t - r
Scotch girl wishes situation as chil
dren's nurse. Bulletin office.
- . 5361-4t- -
CONTRACTOR AND BUILDER.
Y. Kobaya8hi, general contractor, 2034
S. King; Phone 33C5.
1, rotri i,r
Sealed Tenders will be received by
the Superintendent of Public Works
up o 12 m. of Friday, October 18.
1912, for Constructing a Fence Line
at Moiliili School. Honolulu, T. H.
Plans, specifications and blank
forms cf tender are on file in the of
fice of the Superintendent of Public
Works, Capitol Building, Honolulu.
The Superintendent of Public
Works reserves the right to reject
any or all tenders.
Superintendent of Public Works.
Honolulu, October 8, 1912.
KXX..C v - " V. is
T7 r7 '
PUP - STYLES are pertajnly designed 1 ?
; If to pjjsase thQ rrvot rftidiousf i And i '4 ;!
I can truly say they ; are by far- the ' : ?
bes looking hats I haVe yet seen in ,
Honolulu. The artistic trimming and the fin- 5
ish and work is certainly a credit to any Millie C -nery
So said one of our Leading Ladles who called at our '
show room a few days ago In response to' our Invitation. :
And we could quote similar expressions from r man j.
other ladies to whom we have had the pleasure of show
ing the New Fall Hats. : ; "
Could we ask less than the mere opportunity of show-"
ing you these beautiful creations of the milliner's art?
If we don't get your order now we feel, sure Uxat wfiA
will get it when you are ready for the new haL ,p , :l v
Kindly allow us to show you
FBbne 2295 Beaches
ALL KDTDS OF BOCK ASD
FIBETTOOD A5D COAL.
U QUEE5 STBEET.
EsUbllshed 1890 , , ; f
A specialty made of the cleaning of WOMEN'S GOWNS and ' -WRAPS.
: -"i ' '
777 KING STREET J. ABADIE, Proprietor PHONE 1491
The Grace and
Good ! Form of
CLOTH E S"
will impress you '
at a glance, but it
takes wear to de
:fZ C L O T H E
,in$ and exquisite
finish to -x the fact
that they are jn?,dz
by the highest til
ented ' designers
and taUors, and in
their own proper
ly equipped work
I ' i
our elegant styles in mil- ,"
. ''. :, .
SA5D FOB CO JCBTC TTOBX.
P. 0. BOX flJ