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What is Best for Maui
Is Bast for the News
NEWS.
If you wish Prosperity
Advertise in the News
VOLUME xv
WAILUKU, MAUI, H. T., SATURDAY. AUGUST 1, i908
NUMBER 24
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Stars Are
Shut Out
Waikapu Wins Firs? Game
and Kahului Second Game.
The Stars wore badly beaten lust
Sunday at Well's Park ly the
Waikapu aggregation. At the end
of the ninth inning the Waikapus
had totaled seven runs and suc
ceeded in completely shutting out
the Stars.
J. Garcia started in the box for
Stars but was replaced by Bento
in the fourth inning after five runs
wore scored by the Waikapus.
Bad throws and fumbles cost
many runs to the Stars and their
foolish base running helped a great
deal in shutting themselves out.
The lineup of the Stars was as
follows: J. Garcia, p, 3b, A. Gar
cia, ss, Bal, r. Bento, 3b, p, Kia,2b,
. Oliveira, If, Decker, rf, Kama, lb,
Hart, cf.
Waikapus: F. Sylva, cf, Jack
son, If, Nowell, '2b, Guminings, c,
Julian Yates, rf, Viola, 8b, Cockett,
lb, Dutro, ss, Sylva, H. p.
The game by innings was as fol
lows: First Inning. Waikapus first
to bat, F. Sylva out fly to left gar
den. Jackson dies second to first
Nowell is out on a grounder to
first.
J. Garcia fans out. A. Garcia
flies out to left. Bal is safe on a
hit and steals second. Bento flies
out to center.
Second Inning. Cutnmings goes
out third to first. Yates fans out
Viela gets to tirst on Hit over
second. Cockett flies out, to second.
Kia safe on hit to center.
Oliveira flies out to' right and Kia
is caught out at first. Decker is
safe on a hit to left and steals
second. Kama dies short to first
Third Inning. Dutro goes out
third to first. II. Sylva strikes
out. F, Svlva makes nice hit to
left garden and then steals second,
Jackson lines a grounder to center,
who lets it go by, and Sylva scores
Nowell dies on foul tip. Score 1
run.
J. Hart die3 pitcher td first. J
Garcia is out on foul tip. A Gar
cia dies tiiird to first.
fourth Inning Uumnungs is
safe on first on error of first base
man. Yates flies out to left. Viela
hits to left who fails to catch
Cummings at second. Second
threw over first and Cummings
scored. Cockett Hew out to second
Dutro hits to center garden and
Viela scored. II. Sylva lines
grounder to center and on bad
throw home Dutro scores. F. Sylva
also hits to center and II. Sylva
scores. Jackson flies out to short.
Score 4 runs. '
Bal dies short to first. Bento is
out pitcher to first. Kia dies third
to first.
Continued on Pajje 2.
THE FIRSjPTIONAL BANK OF WAILUKU
Chas. M.Cobkelwesident W. T. Robinson, Vice-President
.' C D. Lufldn, Cashier
11 A, Widsworlh, Director D. H. Case, Director
j "0
COMDBNStiD STATEMENT TO COMPTUOLL15U
vlf!jy at the close of business, May iij 190S
5PEkESOURCK3
Loans and JHbuiits $127,787.14
United StateslBonds 16,500.00
l'renduuTouJUS. Honds 450.00
Other Bonds (quickly convert)
Cash stiaiLDueJrom Hanks... .
51 ,ouu,uu
50,720.71
825,00
llanktnpLIIduse, l'uruiture.etc
Due frbmiUPS. Treasury
TERRITORY OV HAWAII.
ICOUNTV OK MAUI,
I.ufkin. Cashier of the above
tement is true to the best of my
tbed and sworn to before we
HUGH
apovejsta
Highway Law
Upheld
Judge Kcpoikai Reversed in
Matter of Injunction.
r
Tho Supreme Court handed
down a decision this morning,
written by Justice Ballon, in which
the degreo of Judge Kcpoikai,
granting a permanent injunction
to Frank Robello in his suit against
the County of Maui, is reversed.
1'ne cae is one in which Hobello
and others leased land from the
Territory, through which a public
road ran. A verbal understanding
was made at the time tluU this
oad should be closed when n now
road nearby was opened.
No sooner did Robello and his
associates get on the land than
thev obstructed the road with
fences. The Maui supervisors sent
out a gang of men who cut down
the obstructions. Robello then re
paired the fences and obtained an
injunction from Kepoikai restrin
ing the County from any further
interference.
The decision follows:
The plaintiff U the holder of a
right of purchase leae of land des
cribed therein as "lot No. 0 on the
government map of the Omaopio
lots dated Julv 9. 1900, and is
situated at Omaopio, Knla, District
of Makawao, Island of Maui, con-
tainincr an area of 51 .5 acres and
o
is classed as pastcral-agricultural
land." The government map re
ferred to shows a ''new 50' road"
running along a portion of the
boundary of lot 6 and an "old
road" marked in dashes extending
through lot 0. There is some con
flict of testimony as to how much
of the old road thus described is
now passable, it being claimed on
behalf of the plaintiff that it has
been abandoned at one spot, at
least bv wheeled vehicles, on ac-
count of a washout. After several
months' occupation of the lot,
plaintiff, claiming that he was ob
liged to fence under the terms of
his lease, fenced in the ends of the
old road, at the same time clearing
the cactus along a portion of the
line of the "new road,'' upon which
no construction work has been done
either bv the Territory or by the
county. The defendant, acting by
its road supervisor, broke down the
fences which obstructed the old
road whereupon the planum re
paired them and obtained a per
manent injunction against any fur
ther interference. From the de
cree granting this injunction de
fendant appealed.
R. L. Sec. 5815 provides, "All
public highways once established
shall continue until abandoned by
duu process cf law." The only
statutory' provisions for closing
highways are Sec 9 of the County
UAMMTIISS
Capital Stock $ 35,000.00
Surplus and Profits 22,501.67
Circulation.:..'. 16,000.00
Deposits 181,868.50
255i37.'7
named bank, do solemnly swear that the
knowledge and belief.
u. 11, iurivijs, lasuicr,
this 24th day of May, 190S.
M. COKB, Notary I'ublic Sec. Jud. Circuit.
Invoked
The Gods
Chinese Use Novel Method
to Bring Rain.
The drought in the Knla section
continues. On the afternoon of the
28th some of the Chinese of Kama
ole made a public petition to their
lin god. In the-opon under the
rays ot the hot summer sun small
tables were spread with various
viands, offerings to propitiate the
god of rain. In the center of the
principal table was a small roast
pig. Its head and snout were
pointed upward and its body cover
ed with small red papers contain
ing written prayeis Around it
weie bottles of sanishu and .beer
ind dishes containing cookies,
sweetmeats etc. On tins table also
was a box containing burning
punks of various sizes. After a
fusilade of crackers and bombs the
pagan rite came to an end.
On the Saturday and Sunday
previous there had been light rains
Kaniaole and hence the Chinese
thought with a little encourage
ment the Oriental Jupiter IMuvius
would continue to favor them. If
the drought continued a month
longer most of the Kaniaole people
would have been obliged to leave
their homes.
Act (3. L. 1905, Act 39) and R. 1,
Chap. 52, and no seps have been
taken under eithei sta'.utc in the
present instance. It is beyond
question that the commissioner of
puulio lauds cannot by leasing or
selling land with no express reser
vation extinguish the easement of
the public in a highway, nor is it
apparent that he assumed to do so
in the present instance. rJ he plain
tiff took his lease, with full know
ledge of the existing highway, not
only by reference thereto on the
map but by actual knowledge of
conditions on the ground: the mis-
erstanding, if any, being not
as to existing conditions but as to
what was to be done in the future.
The sub-agent of public lands, told
the applicants for these homestead
leases that until the new road was
built the old road was to be left
open, from which the plaintiff may
have assumed that either the Terri
tory or the county would proceed
in a reasonable time to construct
the new road as shown on the map,
and that the easement over the old
road would then be extinguished.
However this may be and what
ever may be the reasons for the
failure to construct the proposed
new road, the plaintiff was not
authorized to take the law into his
own hands and exclude the public
from a recognized and existing
highway. No injunction should
havo beon granted which restrain
ed the defendant from keeping
open the public highway. If the
destruction of the fences was in
excess of what was requisite for
this end ho should have been left
to his remedy at law.
Tn view of the result we have
leached it is unnecessary to decide
the reserved question as to the lia
bility of the county for costs, which
was based upon the assumption
that tho county was the losing
party.
The decree appealed from is re
versed. , J. M. Vivas for plaintiff; D. II.
Case and W. F. Crockett for de
fendant. Hawaiian Star.
Mrs. Haven of the Maunaolu Seminary
departed for Honolulu Wednesday on the
Claudiuc.
Kepoikai
Under Cloud
Borrows from Estate While
Children Suffer.
For some time rumors of acts of
questionable character havo been in
circulation relative to the Circuit
Court of the second Circuit.
One of these minors was that
Judge A. N. Kepoikai had turned
down the petition of Secretary of
the Territory E. A. Mott-Smith who
was and is the attorney in fact of
the duly appointed officer to look
after the persons and property of the
children of T. Mori and refused to
appoint County Attorney I). II.
Case who offered to act without com
pensation. The money was kept here and
Judge Kepoikai borrowed one-thousand
dollars of the estate funds after
the filing of the final accounts and
the payment of the funds into court
and the same had been paid over to
E. Kruger the guardian of the ehiU
dren.
Judge Kepoikai ' was urged by
Attorney Mott-Smith to hurry the
settlement of the estate as the child
ren were practically distitute. His
authority as the attorney in fact for
the children was never questioned.
The Pacific Commercial Adver
tiser has tho following account of
the matter.
After hearing the statement of a
committee from Maui, Governor
Frear has ordered an investigation
of charges against Circuit Judge
Kepoikai and sent Deputy Attorney
General Larnach to Maui to make
it.
The charges are that Judge Ke
poikai, in a matter involving about
$2,700 due the minor heirs of one
T. Mori, denied a petition making a
responsible man guardian of the
heirs and administrator of the estate,
appointing in his stead an Illiterate
laborer named Krueger; and that
by various transfers of the money
it came under the direct control of
Judge Kepoikai 's court, whereupon,
in September, 1905, the Judge per
sonally borrowed SlOOOof the $2700,
giving his note and paying, up to
the present time but $50 on account ;
and that, meanwhile, the minor
heirs of the late T. Mori, to whom
the money belongs, have been and
are living upon the charity of -relatives.
These facts are set forth as
sufficient ground for Kepoikai 's im
peachment. Governor J' rear did not wish to
go into particulars yesterday when
a reporter caned upon mm, saying
that he should rtwait the report of
Mr. Larnach, who left on the steam
er last night lor ,Mam anil would
not return until .next week.
THE CHANGES IN DETAIL
Following is an abstract of the
charges laid before the Governor:
In 1901, T. Mori, a Japanese
merchant of Kahului, died leaving a
fire claim which was later paid by
the government, to the amount of
$2700. An administrator was ap
pointed by Judge Kama. Later
Hon. Miki Saito, the Japanese Con
sul General, employed Atkinson,
Judd and Mott-Smith to represent
the children, minors, of T. Mori,
and at later period, E. A. Molt
Smith was given power of attorney
to represent tho duly authorized
guardian of the children. The power
of attorney was sworn to by the U
S. Consul at Yokohama and also by
Consul General Saito, and a petition
filed in the Circuit Court, over
which Judge A. N. Kepoikai pre
sided, askili"' that Attornev D. H
Case be appointed guardian of thoj
(Continued on Page 6.)
THE YACHT LURLINE
WINS THE RACE TO HILO
Kamehameha is a Close Second, -Other Yachts far
Behind. -Storekeeper does up Burglar.--Ex-Governor
Budd is Dead.
(SPECIAL TO THE MAUI NEWS.)
Sugar 9G deg test 4.25 Heels 10s. 8'4d.
HONOLULU, July 31.-r-The Lurline won the yacht race to Ililo.
The Kanieliameha was a close second while the others are far behind.
The failure of the Hawaii to win the race is a great disappointment to
Honolulu. The rumor that Sam Parker will buy the Hawaii is denied.
The Lurline is acknowledged to be the best boat.
Tho new version of tho Lane-Liliuokalani $1000 touch brings Long
worth into the story.
Iaukea and Taylor are being sued for $1000 damages by Paikuei.
He is the man who was ejected by Taylor from the police court 'some
time ago.
George Peterson is being sued by the Campbell estate for the re
covery of leased lands or. King Street for 11011 payment of rent.
A Chinese store keeper and a burglar mixed with a gun and a club
last night. It was a fierce battle and as a result the burglar is in the
hospital.
SUVA, July 31. The U. S auxiliary Glacier was in communi
cation Tuesday with the Atlantic fleet when 1100 miles distant.
PARIS, July 31. The American car reached here today.
rAIivvlbW , July 31. Bryan
tance.
VIDNEUX, July 31. Six were
between strikers and the authorities.
as a protest aga:inst the killing of
There are 50,000 people involved
SEATTLE, July 31. J. S. Sifor
another woman and then committed
SAN FRANCISCO, July 31.
day, cutting his way out of San Quentiti.
SEATTLE, July 31. Assistant
National Bank has confessed to a
4
STOCKTON, July 31. Former Governor James Budd is dead.
HONOLULU, July 31. The shake up in police circles continues.
Apana has been ousted and others
HILO, July 31. The Lurline
M. The Kamehameha at G P. M.
Gwendolin at 11 P. M. The Ladv
while the Gladys has not yet been
HONOLULU, July 30. Three
kua coast at 7 o'clock this morning.
ing liana last evening, with the Kamehameha in the lead.
The drought in, Nuuanu is the worse in years.
Canon MaoKintoMi has decided not to return to Honolulu. He has
1 position in England.
Three thousand dollais were left
fund.
Tin- baseball game yesterday
waukee was won by the former; score
HONOLULU, July 29. Chas.
candidates for the Kauai judgeship,
The shakeup in the p Jice department may bring more resigna
tions. Offensive partizanship will
Captain Otwell will leave soon.
arrive in November.
SAN FRANCISCO, July30.
to abandon the trade with the Orient as a result of tho Inter-State
Commerce Commission deciding that the railroads' share of the freiht
must be publicly announced. Schwerin declares that it means the
death of the Pacific coast shipping
CHICAGO, July 30. The business interests of Japan aro
thoroughly alarmed over the prospects of the Western railroads being
compelled to go out of the Asiatic
PENSACOLA. July 30. A negro was lynched hero today by a
mob, after tho lynchers had battled with the police. The fight was a
desperate one and three persons were killed.
BIRMINGHAM, July 30. In a clash between members of the
miners' union and strike breakers 0113 man was killed.
ABERDEEN, July 3'J. A fire here did damage to the extent of
$100,000. One life was lost.
CONSTANTINOPLE, July 30. Tho demonstrations of satisfaction
over the granting of constitutional liberty have- ceased. Indignation
follows the delay of the Sultan.
PARIS, July 30. Tho American auto in the New York to Paris
race is expected to reach hero today.
American contestants in tho Olympic games have arrived hero
and expect to tako part in the field and track meet Saturday.
HONGKONG, July 29. A typhoon has been raging for the last
few days. .Over 1000 lives have been lost. ,Tliu oflico of tho Pacific
Mail S. S. Co. is a wreck. The steamers Persia and Mongolia were
damaged. Thousands of sampans were destroyed in tho harbors of
Hongkong and Canton.
CONSTANTI NOPLE, J c ly
November 12.
is preparing his letter
01 accep-
killed and GO wounded in a clash
More trouble U looked for todav
workmen by the troops at Vidneux.
in the trouble.
killed his wife and daughter and
suicided.
John Siomscn was
dctected yester-
cashier Parkhurst of the First
shortage of $38,000. Ho is in iail.
are to follow.
arrived here yesterday at 2:30 P.
The Hawaii at 10:50 P. M. The
Maud at 2 o'clock- this mnrn i mr
sighted.
yachts were sighted off the Hania-
The yaclits were reported pasg'
over from the fleet entertainment
between the Santa Clara and Mil
10 to 2.
Dole, Prosser, and .Kingsbury are
should there be a vacancy.
not be tolerated.
A battalion of 120 engineers will
Trans - colitinotital railroads threaten
business.
import and export business.
29. The first parliament onens on
m
