Newspaper Page Text
HONOLULU STAR-BULLETIN, TUESDAY, OCT. 8, 1912.
1 . 1 .W?"
POLITICAL NEWS AND NOTES
At a ming of precincf club pres Json. Kaniho, A. J. Wins. W. P. Jar
-pint at Democratic headquarters rett. Lester Petrie, W. H. MeClellan
tiat night arrangements were madc:C. P. Iaukea, Joseph LIgbtfoot, 11. N.
for the big mass meeting at Aala Kahaleputia, J. L. Coke. John Mark
Pnrk tomorrow night, which will con-' ham. M. ( Pacheco. J. J. Fern.
jftitute thv owning gun of the am-J
j naiyn. Thre will be music by a "There was no meeting of the Re
,Qinteue Club, but the band w ill not j publican club of the ninth precinct of
; l-e oresent owing to tl.t fact that itsithe Fifth District last night, as the
j members are on their annual vaca
The meeting I called for the pur-
morning paper says," Edward Moreno,
a member of the executive commit
tee of the club, stated this forenoon.
pose of introducing the Iemooratic! "It is true that a petition was signed
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 phonography will be
an agreeable surprise
it's done so quickly and
Make the appointment today.
l can'iid&tes to the electorate and those
; In the race will at this time announce
i their positions on questions of inter
est to the public. The list of speak
ers follows in the order named: C.
McCarthy, Jack Kalalciela. E. H.
i P. WoUf r, T. J. Kyan, C. H. Rose, J.
W. Ascli, J. M. Poepoe. S. S. Pax-
mtu. wmxi mm mm
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."
BEGINS DISTRIBUTION f.
il WrUm LOAN FUND
Distribution of the new loan fund
(Continued from Paga 11
ject to the life interest therein of
i the said Irene li Holloway, or the
!faid John li Estate Limited, as the
assignee of her life interest."
For convenience, wherever used in
this decision, the word Estate shall
mean John li Estate Limited; the
word Irene, Irene II Brown or Irene
I i .Holloway, as the case may be;
the word George, George II Brown;
the word Francis, Francis Hyde II
brown, and the word Children, the
surviving children -of C A. Brown
and Irene Ii Brown, being the said
George and Francis.
Story of Caie.
It appears that on April 7, 1894,
after the marriage of the said Irene
with the said C. A. Brown, and the
birth of her three children, two oC
whom are now -surviving tn the per
sons of George and Francis, A. F,
Judd. one of the executors of the
i .n - m t v i .1 .1 ii..
having been made by Governor FrcarUatner of the 8a,d ene, and one . of
to the various commission and oth-' her guardians, after being discharged
s sucn guaraian, urougui a urn i&
equity 7 before circuit judge of the
First Circuit, for - himself and as
next friend of the said Irene and her
said- surviving children, against the
naid C. A. Brown; and that there
after, on August 10 of the tamo ear,
an amended bill was substituted there
for, with the same parties as plaintiffs
rnd defendants, except that Sanford ti.
Dc le; administrator ; with the will "an
nexed and guardian, was joined there
in as an additional party , plaintiff.
Such amended bill alleged, among oth
er things, an omission In the copy of
the will furnished by the court to the
said A. F. Judd, whereby the said ex
ecu tors "and guardians ;not being fully
UriTlsed of the. true nature. and Intent
of the said will, .procured their dis
charge as guardians of the, said Irene
upon her marriage; but that, upon be
coming 8cquajnteJL,wJthJ Jjae -complete
will; believed, that they .were thereby
constituted not only executors of the
will ' and guardians of the said Irene,
but also trustees with the rfght to the
control of her estate daring her life;
and that under and by said will pro
vision was 'made for the children of
said Irene and also for the support of
said Irene, and it was important to ob
tain a construction of such provisions
and the relative rights under said will
of suchj minor children and ' the said
Irene and the said C. A. Brown tn aud
to the said estate, and to the fnfctiQe
thereof, and the duties of : the slid
trustees to the teveral beneficiaries
aforesaid under said will, and prayed
among other "things, "that the terms
and provisions of said will and the' dc
ties and obligations Imposed upon the
said A. F. Judd and S. B. Dole as afore,
said be defined and determined."
:' era being prepared . to hand over to
i the commissions for proposed Im-
provements just as sotfn as advertise-
; ments ( for tenders have; teen made
' and the tenders for the Jobs have
. tme in to the commissions.
- One of the first allotments Is $5416
i .for the construction of the school
i house at Hana, Maul, the contract for
j the Job hating been let to Otto Oss
' for that amount
The allotments'.to the various pro
. Jects arranged by the Governor some
i- ltnP,n 'rk ftnlv tentatlves. and the
commissions that expect to get the
. ! money .for them must "get busy? im-
J mediately, for k Is to be a case of
v , -first, come nrst. serveu, . witnin cer
; ! fain limitations of course. The Gov-
. V' niof . does not. care to repeat the ex"
! 'perleuco of a year, ago, when allot
? mnta wrr mads for certain projects
' ' f x)t the funds, '-with the - result ' that a
5 large sum of money, still remains In
th -Tprrltorial treasury unused. Here
after the money will not be allotted
j to an improvement until the, commls
: sion in charge is ready to make imme
diate use of the money.
: Applications for allotmehts are com-
. v, Ing In rapidly from tne various com
: : missions, and in almost every Instance
. . . they are ' Importuning the executive
tnrnt them as mucn or me toan
) fund as possible. A place will - be
; found for every dollar of the new fund
bv the time an tne casa is ou uuu.
AT ULIUOKALANI SCHOOL
At meeting of ihe committee at
r Elks Hall at noon today; we in-uBriiiu
for the flag-raising i at Ulluokalanl
school, Kalmukl, on Friday next at 1.45
j.. tn., was arranged as far as could be
then. It is as follows: ' 'y '
,1 Overture s . Hawaiian Band
2. Introductory remarks . . . . . -. PreM-,
dent H. C Davis of Walalae, Palo-
; and Kalmukl Improvement -Club
3. Song ........ School and Audience
4. Flag-raising i.
.....Geo. W. De Long Post, G. A. R.
5. Song "Red, White and Blue".
f. Flag salute and drill .School
7; Oration ..... -...Charles A. Cottrill
K Fiaale Star Spangled Banner.
. ........li.. ........ ...Led by band
Admiral Cowles wa unable to com
ply with, the request; for the services
of the Marine CorpTband, 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 theveht
; 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.Tiraberlake's young son will as
sist in the ceremony by handing the
-flag to the G. A. R. officer of the day.
The Grand Army ritual for flag-raising
Miss Needham,; principal of the
school, will cooperate with the club in
carrying out the program. The flag
salute 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.
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 II Estate
Limited, and delivery of shares made
accordingly, except that one, share of
those to be issued to said C. 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 such shares sub
ject to a trust that upon Irene's death
the same ' shall be assigned to the
plaintiffs. x " ;
The bill thereupon contended .that
no legalr"ad judication . had been made
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,
to wit: " ' '
1. No decree was made in any of
such proceedings. ,
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 Constitution of the
Republic of Hawaii had obtained ap
pellate jurisdiction of any of the said
reserved questions of law.
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
5, All matters of law arising and
said decision of the Supreme Court,
they have been deprived of trustees as
provided by the said will for the pro
tection of their interests as remain
dermen, and that unless the invalidity
of said proceedings and decision, and
also the plaintiffs' titles therein claim
ed, be declared by the court, a cloud
will rest upon their title, and their
rights as such remaindermen may be
subject to cosily and difficult legisla
tion. 'It is admitted by all parties that
Irene has bad only three children
George. Francis and Lernice II, and
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 j
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
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
presentatives, with the contingent
iu.. Sy -juiluul tui
X" KSTASUSMCa 17
A tiSe. mix rtfoxrre tmtacM for braacktal
tke rminai of VN iooptoi Coork 4 leierr
lliwmlli Cmt k ok. It b a to tmftnm
lair wkb every km.! Make bremhimg mt t
ScU m VOKMl lor itxtitfr
Try CwwfciU Am
rnpHc Tkmmt Talk
for (kc krtae4 tbtomu
TVr m napte. cf cc(
irm Bm4 Miwyrlf. Of
yvmt 4ranb(i r frea
K. Makeelani, David Malo, Dan Pala
kea Jr., Manlau. Wm. Kekoa, Ed. K.
Haleakala, Frank Leialoha, Kalekana,
John Benito, L. Kaimana, A. Pauole,
IfnQM VanaihalA AX f If olalnnnn
should hereafter be born to the said tJohn pen Kaohi, Sam
Kanio, Wm. F. Moss man Jr., John Ka
Iuahine, Moses Kaanaana, Solomon
Mahoe, Moses Pipi, John P. Kuliwat
maka, M. Aalona. ,
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 that the estate, otherwise the
John II Estate, Limited, be named. in
the decree as such trustee; and coun
sel will be heard on this point if they
Comes Before Perry.
. After proceedings before ' J udge
Cooper a circuit judge of such cir
cuit, who resigned ' his office before
reaching a decision, the matter came
up; before Judge Perry of the same1
circuit, who, on the 16th day of April,
1906, reserved certain questions of law
tc the Supreme Court, as follows:
ii Was a trust created in the prop
erty devised to Irene li by the will of
her father, John II?
2. If such a trust was created, is
the trust still is force, Irene having
married, attained majority, and hal
isetie of said marriage, which issue
3. If such 'a trust still exists, is
the Interest of Irene II Brown under
the same absolute or for life only? -4.
If such a trust still exists, is
It such a trust that the court will upon
the proper motion order an immediate
conveyance of the property to Irene,
5. Has Irene Ii Brown a fee simple
title In said property, or is her estate
enc for life only?
6. Was an estate in perpetuity
created by sail will, and If so was its
effect to vest the estate absolutely in
Irene II 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
hive the several parties plaintiff and
defendants under the will of John Ii
and the circumstances shown by the
pleadings and evidence?
The Supreme Court, on the 4th day
or May 1897. ruled that t,he first ques
tion should be answered in the affirm
ative; that as to the second question,
the trust became extinct upon the mar-
r i ri va find mainritv tt tha itat-tcAn
Thi XI. j j lw uc,,er
n a , , u " cose wm oe.jrene, and that as to the fifth question
called for hearing in federal Court tne exlsee Irene had an estate ln fee
55 Ct0tT I1' aud U' S-! simle In the Property devised to her
District Attorney Breckons says the. by her father's will. It was consider-
.v 5 .tlm be kept Du!ed by the court that it was tmneces
with these hearings from that date sary to decide the other questions, in
until the close of the nresent vpar.l ;..r- .., j o.
. - , . i i v ti ui luinigs aiifiiuy Midue. isu
SETS DATE FOR HEARING
MAHUKA SITE CASE
All the minor cases on the calendar
are to be disposed of before the Ma
huka cases are taken up.
The first to be called will be that
further proceedings appear to have
been taken. The case was not re
manded to the Circuit Court and no
necre xcaa ntffrr1 tn either nnurt
of the Office Supply Company, with This case will be hereafter referred to
the condemnation of the O. E. Hall &'a the firct mp'
Son site to follow immediately at the Bill in Eoulty Filed,
conclusion of that one.
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.
' 6. 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
before such court, and so it had no
Judge Whiting's Authority.
' 7.- Judge Whiting of the Supreme
Court had ho. constitutional authority
to reorganize the Supreme Court, two
of the justices thereof being disquali
fied, by installing twp 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 qnestions 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
oe 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 her death to assign all of the
said shares to the plaintiffs; and for
I 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
purport to convey the estate of the
plaintiffs in the "said property" the
estate of John Ii, 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 them from setting up
any title under the said will to the
Wallace McDougall, well
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;
fng 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
: The - 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 mainland. He has been
a resident of Honolulu but a few
months AnA-is vfiaid to have - traveled
a pretty fast pace.
OAHU SELLS HEAVILY.:
AT 3-4 ADVANCE
Abundant proof of the strengthen
ing of Oahu, mentioned, in this paper
on Saturday last U given in today's
stock list i; No less than 795 shares of
Oahq sold between , boards at an ad
vance of three-quarters of a point civer
Utst previous sale. Ten lots figured
in the total, two of them 200 each and
one 100, and the price for all was 26.25.
Pioneer fell off one-baJ f i point for 30,
5 and 65 shares at 31. . HUo Railroad
common was unchanged ' at 8.75 for
205 shares in recess and 5 and ; 40
shares on the board. Brewery held
22 for 18, 25 and 15 shares. One oth
er. transaction reported was 52000 Hilo
Kailroad Extension sixes at .97,.,v ,
Honbkaa declined two and a quar
ter points in : session sales of 50 and
10 shares at 8. Onomea dropped half
a point In a sate of : 10 shares at 57.75.
Pineapple Is without change at 44 for
5 shares . ' ; :.
(Coatinaed lrom Page 1)
On the 27th of January, 1903, a billsaid lands, and that by reason of the
night, provided the members wli I ac
cept him as one of their brothers.
Kane Leave's Chair.
The conference, of the huf unlona
was called to order this morning at 10
o'clock In the Notley Hall with Kane
in the chair. It was not very long how
ever before he was supplanted by Wm.
Mossman Jr., one of the leaders of the
huL Kane walked away1 from, his seat
and ' sat among' .the members in the
There were present about 45 dele
gates from the different Honolulu
branches In Hauula Laie, Punalua,
Waikane, Ewa, Kahana, Kailua and
Hauula. -J .
According to present indications, no
politics will' be entertained by the
members at their regular meeting to
be held tonight in their headquarters
on Queen street Kane wanted a com
mittee on platform appointed; but he
was again beaten out by the members
when they argued that no platform Is
necessary in the hul unlona meeting.
James H. Boyd, who was appointed
Hawaiian interpreter, said that the
purpose of the meeting called by Kane
should be made known to the mem
bers so that they , could act wisely.
Kane declined to disclose the purpose
of the meeting, and in order to avoid
the hui's entering political matters,
the members decided to eliminate the
committee on platform.
During the argument this morning
Barron told Kane, the presiding offi
cer, that he would not sit down on his
orders by any means. Kane was In
dignant, but dared not say anything
When Barron was addressing the
chair on the question of advisability
of excluding the newspaper men from
the meeting, Kane told him to sit
"Sit down, Mr. Barron," shouted
Kane as he arose from his chair.
"I will not sit down by any means,"
i believe," he continued, "that the
newspaper men should be permitted
to remain in this meeting, so that
they can give full publicity to the
work of our hui."
"I want you to sit down immediate
ly," again shouted Kane.
"I will not sit down on your order.
You can not make me sit down or shut
up," concluded Barron.
'me meeting was adjourned until
2:30 o'clock this afternoon.
Those present at the meeting this
morning were Robert Parker Waipa,
K. Kanaana, Paulo Hokii, M. Kaaua,
Sam Kaohele, D. P. Keawehaku, Geo.
K. Kane, John Ala, Walter Kaiwi,
David Kali, John Brown, Chas. Kane
koa, John W. Kailianu, William Noa
Aluli, John Huli, W. K. Kamai, Wm.
Ahia, David Ahia, Kamanuwai, James
Kapela, Charles Barron, Levi Kuhia,
Benjamin Dole, J. H. Boyd, J. W. Mai
kau, Chas. Hoomana, S. P. Kamakea,
David K. Kaapu, Geo. Kekauoha, John
DIAS POURS OIL ON .
MUFFLED PRECINCT WATER
K J. jP, t Dias, Portuguese ; interpreter
in juage Aionsarrais court, actea a
good Samaritan last night in - his pre
cinct of the fighting ninth. Fifth Dls
tnct, When he poured oil on the
troubled waters Among the members
who have . been thinking of demand
ing the" frh'mediate resignation of Sol
omon Mahelona from the ! secretary
ship.. .. ; ,;p r
V! Those who have been preparing 'pe
tit ions t for Mahelona's withdrawal
from the secretaryship,; told tho Star
today that It ' was through Dlasr ac
tion that they? withdrew their kicks
against Mahelona last night "" , -r
According to the boys, they; are
willing to await farther action against
Mahelona, at ; least for. the present
until after the election is bver , ;
Hakalau Leads the List. 1
Sugar, awaiting shipment .on . Ha
waiff Includes " the following' consign
ments . according to a report brought
to this city today with the arrival of
Purser "Phillpps in the ' Mauna Kea;
Olaa 6500, u Onomea ; 3365, Hakalau
9574, . Laupahoehoe 620, ' Hamakua
Mill none, Paauhau 7000, Punalua
2900, Honuapo 3900 sacks. r:
' Assistant Superintendent of Public
Works A. C;' Wheeler leaves' tomor
row on the Mauna Kea .for a week's
tour of Investigation on the Island of
Hawaii. The wharf master at Ho
opuloa has written to the . board of
harbor commissioners his opinion that
the boat landing in course of con
struction at that point is too small for
the volume' of traffic that it will be
expected to handle, and Wheeler' will
examine this case and make a report
on it to the harbo commission. The
Kahalani homestead road at North
Hllo, which has just been completed,
will - also be examined, as" well" as
the new beat landings at Mahukona
and at Kapoopoo.
The Honolulu Gas Co., , Ltd., has an
opening for two bright young men
about eighteen years' of age as meter
readers. Good hand-writing essen
tiaL Apply Alakea and Beretania.
SITUATION WANTED. ,
Scotch girl wishes Situation as chil
dren's nurse. Bulletin office.
CONTRACTOR AND BUILDER.
Y. Kobayashi, general contractor, 2034
S. King; Phone 3365.
Sealed Tenders will be received by
the Superintendent of Public Works
up to la m. of Friday, October l,
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.
SuperintenSent of Public Works. I
Honolulu, October 8, 1912.
The Grace and
Good Form o f
will impress .you
at a glance, but it
takes wear to de
real worth i i
I'M K - 1 ..TTf
C LOT H ES"
i f - .
: : ing ana cxquirirc
nnisn to tne tzct
" that they arc mzlz
j j . : ; oy tne mgncct t-:-y
$ :r k en tcd?- design crj
ano tailors, ana in
! their own pro cr--1-7
. :! : ly cquipp cd wcrl;
; ll rooms.
, - . I I . : II " . m ' -11 ' I
tv.. -k :. .-s. -t .
KoBsin? Turner Cut Frc:.
v OUR STYLES are certainly designed
' :.; rHto please the most fastidious. : And
xt: v' I'cdn truly say they are by far th3
'' ' best looking hats I have yet seen in
nolulu. The artistic trimming and the fin
ish and worjejs; certainly
nery Department." , ;
So said, one of our Leading Ladies who called at our
show room a few days ago In "response to our Invitation.
And we could quote similar expressions from many
other ladles to whom we have had the pleasure'of shQW-
tng the New Fall Hats. ' . "
. . . :: ; .' -vV -
Could we ask less than the mere opportunity of show
lng you these beautiful creations of the milliner's art?
If we don't get your order now, we feel. sure that we :
will get It when you are read for, the new hat ,
Kindly allow us to show you our elegant styles In mil-,
linery. . " ... : - .
Phono 2295 Beaches
ALL KIXDS OF EOCK S15D 1'OE COXCEETE MfOUJL
FIBEWOOD AND COAL.
C3 QUEE5. STREET. P. 0. BOX til
Established 1890 ; v; v
A specialty made of the cleaning of WOMEN'S GOWNS and
WRAPS. - -. t:--:J-;j:Xi: r -
777 KING STREET J. ABADIE, Proprietor PHONE. 1411