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title: 'The Maui news. (Wailuku, Maui, H.I.) 1900-current, September 12, 1908, Page 6, Image 6',
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THE MAUI NEWS
SATURDAY,. SEPTEMBER 12, 1908
It is first in favor because it is ABSOLUTELY PUllU
and so rich in butler fat Hint it makes everything tasto
It is best and safest to use for all Table and Kitchen
Purposes. Ask your Grocer,
H. Hackfcld & Co., Ltd.
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1 Primp I
I Bock Beer I
We have the first output
of the season in pints and
1 Maui Wine & Liquor Co. I
E SOLE AGENTS FOR MAUI. E
Seeing is Believing,
We have in exhibition in our show room a. choice
selection of nickel plated BATHROOM ACCESSORIES, such as
Soap Dishes for tho Bathtub,
French Plato Glass Mirrors,
Soap Dishes for tho Wall,
Sponge Cups, '
Soapjand Sponiro Holders,
Towel Bars in various sizes,
Towel Racks, 2-3 and 1 fold,
Comb and Brush Trays,
Tooth and Brush Holders,
Robe Hooks, etc., etc.
To realize their beauty and usefulness' they
must be soon and used. Taken as a whole these
fittings are tho most artistic, practical, easily cleaned
and thoroforo tho MOST SANITARY.
Our prices bring them within tho roach of all.
We invito your kind inspection.
KAHULU1 RAILROAD CO.'S
Masonic Temple, : : KAHULUI.
AL0IIA LODGE NO. 8 KNIGHTS
Rogular meetings will be held at
tho Knights of Pythias Hall Wniluku
on Saturday, August 1, 15, 29.
All visiting members are cordially
invited to attend.
J. II . NELSON, C. C.
D. II. CASE, K. OP R. & S.
Brand of Milk
LODGE MAUI, No. 984, A. P. & A. M,
Stated meetings will be held at
Masonic Hall, Kahului, on the first
Saturday night of each month at 7.30
Visiting brothren are cordially in-
vlted to attend.
D. G. LINDSAY It. V. M,
t. f. . Secretary.
Contractor Waldeyer Sues
Wailuku Suarar Co.
Contractor Carl Waldeyer filed a
damage suit against the Wailuku
Sugar Company in the Circuit Court
on Wednesday of this week.
A brief summary of the most im
portant allegations are as follows:
On Feb. loth, 1!)05 plaintiff, and
defendant signed a contract for' the
construction of five tunnels, each
2500 ft. long, in the Waikapu, Iao
and Waihee valleys All said tun
nels to be for the purpose of develop
ing under-ground water.
The plaintiff was to furnish all
iliaehinery, equipment and supplies
with the exeeition of "T" rails.
The defendant was to furnish "all
track equipment, consisting of "T"
rails, and was to deliver to the tun
nel camps all equipments and sup
plies necessary to the completion of
the work. 1 lie tunnels were to
ie at points said valleys selected by
plaintiff, and approved by defen
dant. On "March 1st, 1005 plaintiff and
defendant signed another contract
to dig four tunnels, aggregating in
length (500 feet, on Section 1 of the
New Waihee Ditch.
Under the first oounj, taking up
the contract of Feb. 15,' 15)05, the
First: (a) The defendant failed,
refused and neglected to examine,
pass upon, and approve, the sites
selected for the two tunnels in Wai
hee valley from June 15lh, 1905,
until Oct. 2Gth, 1905.
(b) The defendant, failed re
fused and neglected to deliver sup
plies to Waihee Valley, until April,
190G, and thereafter at divers times
failed to deliver supplies.
(e) That defendant failed to
transport supplies, consisting in
part of powder, fuse provisions and
other supplies, to Waihee Valley for
i long period of time, but hauled
said supplies to tho end of a wagon
road about live miles from said
tunnel Camp, and there allowed the
aid supplies to remain; whereupon
plaintiff was compelled to protect
ind guard the supplies and provide
houses for the storing of same, and
was further compelled to convey the
supplies to said tunnel camp. That
it was not until on or about the 1 5th
day of Sept. 1900, that defendant
began to deliver said supplies to the
(b) That defendant utterly fail
ed neglected and refused to furnish
track equipment, consisting of "T"
rails, to the tunnelsin Waihee Val
ley, making it necessary for plidntiff
to. construct the said tunnels by hand
work, and to wheel the waste ma
terial therefrom in wheel barrows.
Plaintiff says that immediately
after the execution of said contract
he procured air compressors, ma
chine drills, mining cars, and tools
and supplies necessary to inaugurate
the work of constructing said tun
nels, but by reason of defendants
failure to furnish and deliver "T"
rails to the tunnel camp in Waihee
Valley, plaintiff was unable to use
machinery in constructing said tun
nels. That in consequence of the said
acts of defendant, plaintiff has suf
fered damage and loss in the sum of
15000.00 in constructing the tunnels
in Waihee Valley.
Second: (a) The allegations in
this section refer to the tunnel in
aikapu valley, and the same gen
eral complaint is1 niiidc about the
failure to deliver supplies promptly,
and further that "defendant did
furnish crooked, rotton, light and
imperfect rails, entirely inadequate
and unsuitable for use in construct
ing paid tunnels, and the de
fendant was dilatory in delivering
rails, thereby delaying the
construction of said tunnel,
to the plaintiffs loss and damage in
the sum of 83225,00.
Third: "That the plaintiff pro-
I cured, ami had at, Wniluku for de
livery to the said tunnel cam pi at
fao valley, all necessary supplies,.
machinery and equipment, other
than track equipment, necessary for
the construction of said tunnels.''
The complaint thenalleges a fail
ure on part of defendant to deliver
with proper dispatch, these supplies
and further alleges that: "the de
fendant furnished old, crooked, rot
ton, and imperfect rails, of various
and unsuitable lengths and of such
light weight as to be wholly unsuit
able and inadequate for use in the
construction of said tunnels."
The plaintiff claims damages in
Iao of $('.750.00
Fourth : Under this section plain
tiff alleges that defendant, in viola
tion of stipulations contained in
contract, let to others, without
giving this plaintiff refusal thereof,
contracts for the digging and con
struction of other tunnels for the
development of water, to plaintiffs
damage and injury in the further
sum of 85000.00." ,
That by all of said acts aforesaid
so committed by the defendant, in
violation of the terms of said con
tract of February 15, 190-V this
plaintiff has been damaged in the
sum of $21,975.00.
The second count refers to the
contract of March 1st, 19C5, for the
construction of four tunnels on Sec.
1. of the New Waihee Ditch
Tins' is a such more lengthly and
complicated complaint than the first
Plaintiff claims that he 11111110
diately commenced work on the
tunnels, after the signing of . the
contract', and performed all the
stipulations and conditions of the
contract, except when hindered
from so doing by the acts of de
fendant, acting by and through its
manager and Ulnet iMigincor, as
hereinafter complained of and
Tho plaintiff claims that during
the month of July, 1905, the de
fendant "intervened between the
plaintiff and his said sub-contract
ors; made unwarranted and un
necessary complaints about the work
done, without any foundation there
for, and by false representations and
statements endeavored to, and did,
make the sub-contractors believe
that this plaintiff was acting dis
honestly with the said sub-contract'
ors, and improperly classifying -the
work done by them."
--Hie plaintiff also alleges that
these acts complained of continued
during the months of July and
August, 1905, in spite if thec al
and written protests of plaintiff,
All of which defendant did for the
purpose- of creating dissatisfaction
among the said sub-contractors and
The plaintiff then alleges that the
defendant, by the above acts, so
completely demoralized the working
crews, that he, the plaintiff, was
compelled, on August lGth 1905, to
terminate and cancel all sub-con
The plaintiff' then states that ho
offered the sub-contractors day
work, at a high rate of wages, and
promised them, that they would bfc
paid in full for all work completed
under the sub-contracts, "as soon
as the said work had been passed 011
and approved by the defendant,
tlirougn us Jimginecr in duel, as
provided for in the said sub-con
The plaintiff then alleges that the
defendant was notified of this ac
tion, and was requested to "iimiie
diately inspect and pass on all of
the tunneling so far constructed by
the said sub-contractors, so that the
said sub-contractors could bo paid
in full, and work resumed without
Tho plaintiff claims that defend
ant promised to do this within a
reasonable time, but that defendant
did not do this, "but instead, took
advantage of the situation to vex,
harms and annoy tho plaintiff, and
tlie said sub-contractors, with the
object, as plaintiff' believes and
therefore alleges and avers, of secur
ing from plaintiff a cancellation of
said contract of March 1st, 1905, so
that defendant could savo large sums
of money by prosecuting tho work
for a cheaper price than that provid
ed for in said contract."
Plaintiff further nlleges: "That
from the 10th day of August, 1905,
the date of the cancellation of the
sub-contracts, to the 12th day of
Oct. 1905, defendant failed and re
fused,. as aforesaid, to pass on .and
approve said tunnel work, and fail
ed and refused to point out the
alleged defective work in" the said
tunnels. That on the said 12th
day of Oct. 1905, the defendant,
demanded of plaintiff that he for
feit to it the sum of 8500.00; the
defendant agreeing, in exchange for
the 8500.00 to be forfeited to it by
the plaintiff, to give plaintiff' a writ
ten acceptance of all tunneling con
structed to date. The defendant
threatened that if plaintiff refused
to agree to said forfeiture, of the
said 8500.00, that defendant would
make no more payments to plaintiff,
on account ot any amounts due
plaintiff' for said tunneling work to
date, and would make no more pay
ments 011 account of any further
work 011 said tunnels.
1 no planum, owing large sums
to various creditors, and being
otherwise in a crippled financial
condition, caused wholly and solely
by acts of the. defendant, herein
complained of and shown, and com
polled, to save himself from inline
diate bankruptcy, to acquiesce and
consent to this unjust and illegal
demand on the part of defendant."
riauuitt tnen says delendant re
pudiated its written agreement to
permit of sub-contracting, and "no
titled planum tnat lie Had no au
thority to let further subcontracts,
and made this statement known
among all responsible Japanese eon
tractors, thus preventing plaintiff
from securing reliable labor
All of which defendant did for the
purpose of creating dissatisfaction
and distrust among employees of
Plaintiff says that all of said
acts were wantonly, wilfully and
maliciously done, by reason
01 an 01 which tins planum was
damaged, and sustained damage, to
the sum and amount of $10,-101.-
Wherefor plaintiff prays
that plaintiff may have judgment
against the defendant in the sum of
$o5,379.SC, with interest and costs
Humphreys Claims AH
Cases are Federal.
Honolulu, September 8. A. S'.
Humphreys, attorney fo'r Blanche
Martin, has filed a 15 page brief in
the Supreme Court, in which he ar
gues that the Territorial statutes cov
ering certain social crimes, are
superseded by Federal laws on the
Humphreys quotes a number1 of
cases to support the position assum
ed by him, and concludes his argu
ment by saying: "If it be said, as
was said by the Supreme Court of
Wyoming, and as was said on the
argument of this case, in tho lower
court, that ho 'Alaska Cases' herein
cited, are not in point, because
Alaska possesses no legislative power
our reply is that, when the
Organic Act was enacted, neither
did Hawaii possess any legislative
authority. At that time, it's legis
lative power was eclipsed wrapped
in ancient cerecloth and stiff in the
stony sarcophagous of bygone days,
and so remained, from tho adoption
of the Newland's Resolution, July
7, 1S9S, until the Organic Act be
came effective, June 11, 1900. We
submit that the decision of the Cir
cuit Judge, in this ease, should not
be taken seriously, as he, in effect,
holds that none of the laws of tho
United States, except the 'Alien
Labor Laws,' are in force in this
Territory, wholly ignoring the pro
vision of section 5 of the Organic
Act, which extends to Hawaii all
applicable laws of the United
Do not throw away your
old books. Send them to
the Maui Publishing Co.,
Printers and Book-binders.
IN THE CIRCUIT COURT Off
SECOND CIRCUIT, TERM- "
TORY OF HAWAII.
In Probate At Chambers.
In the Matter of the Estate of
Sarai K. Aluli late of Wailuku
Notico is hereby given that the
undersigned was on tho 1st day of
June, 1908, by order of the Honor
able A. N. Kepoikai, Judge of the
Circuit Court of the Second Cir
cuit, duly appointed Administra
tor of tho Estate of Sarai K. Aluli,
late of Wailuku Maui, deceased. .h
All persons having claims against -
said Estate or said deceased arc
hereby notified to present the same,
duly authenticated with the pro
per vouchers if any oxist, even if
secured jby mortgage on real estate,
to the undersigned at Hilo, Hawaii,
care of County Attorney's OHice,
within six (()) months from the
dale of this notico said date being
the date of the first publication
thereof, otherwise all such claims
not so presented will be forever
July 10, 1908.
N. W. ALULI,
Administrator, Estate of Sarai'
K. Aluli. . .
Aug. 29, Sept. 5, 12, 19, 20.
ADVISORY LAND LAW COM
Any and all persons interested in "the
suliject of legislation affecting the Public
Lands of the Territory of Hawaii, are in
vited and requested to forward sugges
tions lo the chairman of Advisory Land
Law Commission, 209 Judd Building, Ho
nolulu. A full and free discussion is re
commended, and the Commission is
especially desirous of obtaining the sentU
incut of the public at the earliest possibA
date, as the report of the Commission iP
due November 1st, 1908.
A. LEWIS JR.,'
Chairman Advisory Lnnd Law Com
t.iission. . '
To Whom it Mny Concern.
My 'wife, Mahu Kaniakahnkilani, hav
ing left my bed and board, I will not be
responsible for any debts contracted
without my written order.
R. N. KAMAKAHUKILANI,
Wailuku, Maui, August 22, 190S.
Aug. 22, 29. Sept. 5, 12.
DR. F. A. ST. SURE
IM1YS1CIAN AND SURGEON.
OFFICE: FIRST NATIONAL BANK BUILDING
10 A! M. to 12 M. ,
1 P. M. to 3 P. M.
-7 P. M to 8 P.M.
DR. J. J. CAREY
Ollice over First National Hank
Wailuku, Maui, T. II. '
LIGHTFOOT & QUARLES
ATTORNEYS AT LAW
Honolulu, T. II., and
Wailuku, Maui, T. H.
Delivered in Wailuku every Saturday
and at Pata and Ilamaknapoko on
Wednesdays at lowest prices.
POTATOES, WATERMELONS, BUTTER, ECCS '
P0ULTR?, SUCKLING PIGS, CORN, ETC 1
Telephone Orders to
A. H . Landgraf
Vnoi'RiitTOK KA LUA FARM..
Telephone No. 359.
Sanitary Steam Laundry
Gmirmitces First-Class Work o?
Wagons call for work and make
SPECIAL RATES FOR FAMILIES.
L. I5LAINCIIAUD, Munogcr.
J. A. dos Reis
Harness and Shoemaker
Has moved his phop from tho
Queen's Lodging ( House to tho
Aluli Block on Market Street.
All kinds of repair work done with
promptness and satisfaction.
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