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title: 'The Maui news. (Wailuku, Maui, H.I.) 1900-current, October 31, 1908, Page 2, Image 2',
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THE MAUI NEWS-
SATURDAY, OCTOBER 31, 1908
THE MAUI NEWS
ntcrcd at the Tost Office nt Wailuku, Maui, Hawaii, as second-class matter.
A Republican Paper Published in the Interest of the People
Issued Every Saturday.
Maui Publishing: Company. Limited.
Proprletora i'nnd Publishers.
The columns of the Nkws admit communications on ftertiment topics. Write only
on one side o( paper. Sign your name which will be held confidential if ilesired.
SunsoirnoN Katks, in Ahvanck 12.50 per Year, $l..r0 Six Month
1 1 ll K h V , Coke,
Editor nnd Mner
OCTOBER 31. 1008
Frear's Governor Frear has expressed his political
Straight Talk, position in unequivocal forms nnd his position
is one that commends itself to the thinking element of the com
munity. The) Governor does not advocate the scratching of the ticket ex
cept in extreme cases and heats out tho principles advocated by
the News for yoars and is tho policy we still advocate.
His reference, to tho Delegate is as true on Maui as it is on Oahu
and tho same might be said with equal force of the Senatorial and
It is certain that the Senate will be Republican at the next ses
sion of tho legislature.
Oahu is making every effort to elect tho three Senators from
that island in order to have a good working force for her benefit.
This is perfectly right for Oahu but it is an example that should
not be lost sight of by the people of Maui. If the people here are
wise they will elect the two Senators frrtm Maui in order to give a
large working force for the carrying out of the necessary measures
that must be passed for the advancement of the interests of this
Tf n. Democratic Delegation is sent down from hero it will mean
that they will not be able to do but little for the best interests of
Maul for the reason that they will he in the minority and Uahu will
p-flt in her old time work and leave Maui In tho cold.
The following quotations from a recent speecli of Governor Frear
is GppVi cable here and is a good guide for all republicans to roilow:
I suppose viVj.t some of you will expect me to say something
about the straight lickuu' and the yellow dog," sukl Governor
Frear, at the conclusion of his address at the Orpheum last night.
"1 do not want to disappoint you, but I sev? little occasion to refer
to either at the present time. I have expressed myself on those
"I have stated that colntry comes first and party second. Party
is not an end but a means to an end. The country should sot be
sacrificed for party, nor country and party sacrificed for personal
interest. But what does this mean? Does it mean than we should
go through the lists of tho candidates and vote only for our per
sonal friends on it? Hardly. Party politics is like baseball or boat
racing, the working together for victory. But it must be victory
with honor. It might happen that thvre could be a man on a ticket
put there through an oversight or througn trickery, for whom no
respectable man could vote. Of course, there could bo some such
a man on the ticket that to elect him would be worse than having
to forego the cooperation of the whole ticket, and of course, there
is a possibility of going too far the other way. But parties are
necessities and are desirable in representative government. We
have got to work together and have team plav to accomplish re
sults. "We have a candidate for Delegate to Congress, three cancidates
for election to the Senate and twelve candidates on the ticket for
the House. So far as 1 know no one has been able to distinguish
a yellow tinge about them and I appeal to you, without desiring in
any way to descry the candidates of the other parties, I appeal to
you as a Kepublican if you wish a businesslike and effective ad
ministration effective because businesslike and' harmonious to
vote for the Republican candidate for Delegate nnd for the Repub
lican candidates for the Senate and for the House."
Ladies' Knit Jumpers and Sweaters.
Ladies' Fancy Handkerchiefs.
Heatherbloom in all colors.
Silk Cushion Cords in a variety of colors.
You are cordially invited to come and inspect our stock. ,
Sanitary Steam Laundry
Guarantee Flrnt-CIiH Work of
Wagons call for work and niak
KPIXIAL RATES F R FAMILIES.
L. BLANCHARD. Mon ger.
J. C. FITZGERALD
M. IS. C.V. 8. L.
Resilience: Ilnrlttn House
' AVAILVKr. MAI L
The sale and dance at the Armory las
Saturday evening under the auspices
of the Catholic Ladies Aid Society was a
decided success hoth socially qml finan
cially. The net receipts after all hills
were paid were over two hundred and
seventy five dollars.
V"! - - ' r - s '
A. WADS WORTH.
JAMKS ARMSTRONG AND L.
L. McCANDI.ESS v. ANK
Al'I'KAL KHOM ClUlTlT JllKiK,
An(iUKi) Kkhhuaky C, 190(1
Dkcii.kd Fkhiuaky 12, 1!XJI.
FRKAK, C. J., HaVTWKM. AND
WlMKH, J. J
SpkUii-'IC tkrhormance defendant's
misunderstanding of agreement whether
induced by plaintiffs or not unfairness
A bill to enforce performance of a
written agreement to partition land was
dismissed because of its unfairness and of
the defendant's apparent mistake as to its
contents. Held: The decree is affirmed,
the evidence justifying a finding that the
written agreement sought to be enforced
did not conform t the oral agreement or
to the defendant's understanding of its
contents in failing to provide that the
laud apportioned to her should be that
on which her house stood.
OPINION OF Til E COURT 1JV
II ART WELL, J.
This is an appeal from n decree,
dismissing the plaintiffs' hill to en
force performance of an agreement
of partition made hetwtrn the
parlies November 28, 190").
The bill avers that the plaintiffs
had brought suit for par.ition of
one of the pieces hut, on the
strength of the agreement of Nov
ember 2.S, 1905,. withdrew it and
engaged a surveyor who surveyed
the land December 4, 1905, and the
next day engaged attorneys who
prepared the partition papers
which, on the afternoon of that day
the defendant notified them that
she would not sign. .
The answer denies that the sur
veyor was employed to make a sur
vey in accordance with any agree
ment between the parties and aver
that the instructions given him
were not in accordance with the
division agreed upon, which, as
averred, were that the first piece
should he so divided that the
attendant would have a por'ion
conta r.ning 7500 square feet which
should ihr.'ude certain buildings
and lmproveiw nts erected thereon
by her of the val'oe of $1000; that
the plaintiffs reduced to writing
what they represented , to the de
fendant to he the oral contract;
that the defendant is a compara
tively ignorant Hawaiian woman
with little or no knowledge of busi
ness, slightly acquainted with the
English language and wholly un
able to read it, having no aquaint-
ance with the terms used in des
cribing boundries of land; that
each of the plaintiffs "is a hard
headed, shrewed business ifian,
thoroughly acquainted with the
English language" and that they
assured her that the written agree
ment secured her the house lot,
buildings and improvements there
on and that the agreement, which
was in English, was not read and
explained to her; thai relying upon
this assurance she executed the
agreement in fmll belief that it
secured to her what had been orally
ageed upon; that soon after the
surveyor laid out the lines for the
division as outlined in the written
contract the defendant learned to
her great surprise that the written
contract gave her a piece of land
75 x 100 feet which contained no
improvements and was worth not
moie tnan a $100 and gave the
plaintiffs a piece of land four times
as great and which included the
buildings and improvements, being
worth not less than if 1 C00, where
upon she refused to execute the deed
averring that the written contract
is alsolutel v unfair, one bided, un
just and uncoin-cionnblc; that in
entering into il the defendant was
overreached by the plaintiffs and
that the plaintiffs obtained the
execution of the agreement by sharp
and unscrupulous methods by which
she would revive for her share of
one of t e parcels 7500 square fuel
wholly n : s i .ii nrt vi-l and the plain
tiffs ;!IS19 I square feet co;itainir.
the imp oveineiils of t.he vnluy of
$1000 erected and paid for by the
defendant and worth not less than
K0O, and that the plaintilLi would
receive Hi 2H of the other parrel..
Judge Du Holt, who tried the
cause, dismissed the hill by reason
of the "apparent unfairness (o( the
agreement) and of the undoubted
Grand Voting Contest
Beginning on Saturday, October 24,
Closing on Thursday, December 24,
at 7:30 P. M.
We will hold a Voting Contest for
the Most Popular Boy and Girl
Under 15 years of age
CONDITIONS OF THE CONTEST With every CASH PURCHASE of 25 cents the
buyer is given a ticket entitling him to one vote for a Oirl or Hoy tinder 15 years of age.
PRIZES OF CONTEST The Girl ,-ec eiving th" highest number of votes at the closing
of the contest will roeeive a BEAUTIFUL SLIiBPING DOLL now on exhibition.
The Ho? receiving the highest number of vot;s at the closing of the contest will receive an
AN EASTMAN'S NO. 2 FOLDING BKOYVNIB CAMERA.
Votes will be counted every Thursday evening at 7:150 l. M. aiwl the names and number of
votes of each contestant will be posted and a record of same kept. '
Now is your chance to vote fop the Most Popular Girl and Boy
. A. E INO
THE PIONEER ST OR E
Paia's Defeat Kahului's
and Standing is a Tie.
The wheel of fortune has again
turned In favor of the I'aia team
and almost the opposite to the re
sult of the game played between the
two opposing teams two weeks ago
was the result of the game played at
Kahului last Saturday.
Thi.s makes the teams again a tie
for the cup and todays game will he
necessary in decide who is to win
the championship of the season and
incidentally the cup offered for the
It was an olf day for the Kahului
team Saturday and everything
seemed to go against them.
IJefore the game was ended it was
too dark to play a good game' but
that was not the reason for the loss
of the game to the Kahului's as the
greatest score was made earlier in
At the finish the Kahului team
had scored hut two runs while the
vi.sitingteam had nine to their
Tho game1 today will settle the
contest for the season and which
ever team wiins will be declared the
champions of the league.
Tho game Unity will begin at 3
o'clock. Those desiring to see the
game must take the 2; 20 train from
A greater crowd than ever is ex
No cause appears for reversing
the decree appealed from, which is
W. C. Achi for plaintiffs.
It. W. Breckons for defendant.
The above decision of he
Supreme Court against James Ann
strong and L. L. McCandless i's
copied from the seventeenth Ha
waiian Supreme Court Reports. It
will be found on page 342 of that
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Received the Crand Prize. Verv
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Simplicity and perfect operation are the
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They are constructed according to the
. safety requirements cf the National Board of
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Can be bought on our ifew installment system of
Sfime UableJCahului Slailroad Company
tT.TIAVC A. M. Pas. P M. '. Wednsdy A M n M
STATIONS JAs. pass STATIONS A M- 1 M-
iA8 vu 1 . only Pas. Pas
Kaliului Leave 7.00 2.00 , p. m. Kahului Leave ti 20 1 "0
Wailuku Arrive 7.12 2.12 Puunene Arrive ti 35 l'as
Wailuku Leave 7.20 2.20 ,4.15 I'uunene Leave ti 40 Ho
Kahului Arrive 7.35 2 35 -.4.3ft Kahului Arrive C 55 M
Kahului Leave 7.40 9.40 2.40 4.35 50 Kahului Leave 8 10 bid
Sp'ville Arrive 7.52 J.55 2.52 4.47 5 22 I'uunene Arrive 8 "5 3 .",
Seville Leave 7.55 10.15 2.5i) 4 50 5.25. Puunene Leuve 8.30 30
Paia Arrive 8 10 10.35 3.10 5.00 5.40 V Kahului Art-m. 8 45
Paia Leave 8 20 10.50 3.20 5.C5 5 45 , Kahului Leave 0 45
jRp'villi. Arrive 8.35 3.35 I'uunenN Arrive MINI
Sp'ville Leave 8 40 3.40 j Puunene LeftVf ' 10 30
- K.iht.lui Arrive 8 52 11.30 - 3.52 5 30 J ,; or, KaV.lui Arrive. 10 45
Kaliul.n Leave 8.55 1.(10 3.55 ;
WuiUin'ii Arrive !l 10 1.30 4.10 :J!?
Wailuku Le.ive 9.20 2.00 4.15
Kahului A i rive 9 35 2.30 4.30
Kahului Railroad Company
AGENTS I F-OR
ALEXANDRA BALDWIN, Ltd.; ALKXANDIOIt a BALDWIN
Line of, Sutlinir Veucnla lint.. . a.
Sau Fraocisco and the, Hawaiian Islands; AM EU1C AN-1I W A 1 1 A N V EAA1SI111J CO.;