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Hatson Navigation Co.
The only Direct Line beta ecu San l'ruii. i
clsco ami Hilo, Comprising the
. following I'nst Sailers ,
Steamer ENTERPRISE I
Bark ANNIE JOHNSON
Bark RODERICK D1IU
Bark MARION CHILCOTT
Ship FALLS OF CLYDE
. Tue CHAS. COUNSELMAN
, Launch LURL1NE
nd other Specially Chartered vessels
makes this trip with at least one of these ,
.boats each month, carrying both Freight
I'or elates of sailing nnd tcrois,
Call upon, I
J no. D. Spreckels & Bros. Go,!
327 Market St., San Francisco.
R. T. CUAUD, Agent,
HOP WARN CO.
Cor. King nnd Front Streets.
Dealers in Dry Goods,
Japanese and Chincso
' KING STREET.
Enterprise Lager Beer
On Draught, Ice Cold.
10 Cents a Glass : : :
The Finest of
SRJ 1H7 .1
At Moderate Prices.
J. S. Canario,
At Moderate I'rices.
Wixkd and Fancy Drinks
Two Glasses for 25 cts.
J. C. SERRAO,
MOSES & RAYMOND
BRIDGE STREET, - HILO
Thin blood always makes trouble
Your circulation Is vory poor, you
havo cold hands and foot. Your
nurvos aro weak, you aro despondent
and discouraged. Your stomach is
bad, you havo Indigestion and sick
headache. our muscles aro weak
and you can hardly drag about the
house. But thuro Is a prompt euro.
Mm. M. A relief, or Holiirt. Tasmania. sends
lier iiliotjnilinint M
" My lilimil v.m no tliln onil my circulation
M io poor that my llngrra ero cold and
liluo nil tho ttini. 1 lot all energy and was
nlimxt lifclPM. Ittlt Ajcr'n Hnrsaparllla soon
rrstnrrd I U 1 1 1 y tn my nliolo n)st,m. It
lmrlllid my Moml nml tnadu It rich sod
liealtln. I VHomj It Is tlic greatest medicine
lu the 'world for tlio liluml."
There are many Imitation " SarsaparillM."
Ho suro you got Ayer'a.
To get the best results from Ayer'i Sarsa
parilla your bowels must bo In good condi
tion. Aycr's 1 ins curu constipation.
Prepared by Dr. J. C. Ayer & Co., Lowell, Msis., U.S.A.
For Sale by HILO DRUG C0MPA&YJ
Draught Boor IO Conts
When you need a drink call
at the KEYSTONE, comer
Front and Pouohawai streets.
A first class line of
always on hand.
Hilo Electric Light Co., Ltd.
Houses Wired and
In accordance with the rules of the Na
tional 'Hoard of l'ire Underwriters.
A complete stock of
I'nn Motors nt reduced price. Fixtures
Shades, Tabic, lied nnd Desk Lamps
etc., always 011 hand.
Fan Motors . . . $15
Sowing Machine Motor 20
Power for operating them $1 a mouth
Just received, new stock of Shades of
various patterns. Also SewinK Machine
nnd Fan Motors.
Estimates furnished on all classes ol
Rlectrical Work and Contracts taken to
install apparatus complete
.Stone Mason and Brick Layer
is ready to take contracts for work
in any part of the Island
a Specialty. . .
MOTH Kit WANTS OIIIMI.
Court Holds Th.tt Lmr Hire Her
Hoy to Another.
A human interest lawsuit was
settled in Judge Little's Court this
week in which, though the parties
were Japanese and not supposed to
possess "finer feelings," tears and
sobs and hysterical gesticulations
played a prominent part. The dig
nified Court itself did not escape
the contagion and counsel for both
1 sides were compelled to look out
' through the Court house windows
J in the effort to forget the affecting
scenes in wliicli tney were nctive
The action was one of habeas
corpus in which the father and
mother of a bright eight yeAr old
boy sought to regain possession or
him, after he had been raised and
cared for from infancy by others.
C. F. Parsons of Smith & Parsons
appeared for the petitioning parents
and Homer L. lloss of Wise & Ross
resisted the application. The trial
covered two days and the mother
of the boy and the woman who had
taken him as a baby to raise were
dramatic witnesses. There was
little dispute as to facts, the matter
resting almost wholly on points of
law. The Court held that the
mother could not regain the custody
of her child. Following is the de
cision: This is one of a class of cases
which involves the holiest character
of woman, as the nurse of innocence
the cherisher of the first principles
of mind the guardian of an im
mortal being who will write upon
the records of eternity how faith
fully she has fulfilled her trust.
In Chapsky vs Wood, in the 40th
American Reports at page 321, Mr.
Justice Brewer, now of the Supreme
Court of the United States, in the
course of a splendid opinion render
ed while a member of the Supreme
Court of Kansas, made use of the
following beautiful language in a
case exactly similar to the one at
bar "In this case," said Judge
Brewer, "of the petition of Morris
A. Chapsky for the possession of
his minor child, counsel have in
their argument expressed very
feelingh and truthfully the embar
rassments and difficulties which
surround the decision of a case like
this. These arise, not because there
is a conflicting question of fact to
be settled by the Court, for that is
a matter of everyday occurence in
judicial proceedings; it is not that
it is a question between a grown
man on one side and a grown wo
man on the other, for we could dis
pose of every question affecting
simply them without any embarrass
ment or hesitation; the burden of
the case is that the decision is one
which involves the future welfare
of a little girl and I think no man
can look upon the fact of a bright
and happy little girl like the one
before us and come to a decision of
a question which may make or
mar her future life without hesita
tion and feeling, certainly we are
not so insensible as to be able to do
it. The questions of law which are
involved jn a case like this are few
in number and I think not subject
to much doubt. They may be
summed up briefly thus The father
is the natural guardian and is enti
tled to the custody of his minor
children. This right springs from
two sources; one that he who brings
a child, a helpless being into life,
ought to take care of that child
until it is able to take care of itself
ami because of this obligation to
ukc car; of nd t this ,ld
, , . . . ...
: less being, arises a reciprocal right
I to the custody and care of the off-
spring whom he must support, and
the other reason is that it is a law
of nature that the affection which
springs from such a relation a5 that
is stronger and more potent than
any which springs from any ether
Again the learned judge says,
"The fifth proposition is, in ques
tions of this kind three interests are
to be considered, the right of the
father must be considered, the right
of the one who has filled the parent
al place for years should be con
sidered perhaps it may not be
technically correct to speak of that
as a right, yet they who have for
years filled the place of parents and
have discharged all the obligations
!of care and support and especially
when they have discharged these
duties during those years of infancy
when the burden is especially
heavy, when the labor and care
are of a kind whose value cannot
be expressed in money, when all
these labors have been performed
and the child has bloomed into a
bright and Jiappy girlhood (In the
case at bar It is a bright and happy
boy), it is but fair and proper that
their previous faithfulness and the
interest and affection which these
labors have created in them should
be respected. Above all things,
the paramount consideration is,
what will promote the welfare of
the child. These I think are about
all the rules of law applicable to a
case of this kind."
There is evidence on the part of
the respondents in this case that
the parents by an express agree
ment, however informal, committed
the custody and maintenance of
their child to the respondents at the
time of its birth and that they
among themselves endeavored to
adopt it according to Japanese cus
tom, by having its name registered
at the Japanese Consulate, etc.
This, However, is denied by the
parents and supported by the re
spondents and one other witness.
In Fletcher vs Hickman, 88th
American State Reports at 862, we
find the following: "A parent w ho
contracts to commit the custody
and maintenance of his child to a
third person is bound by such con
tract after it has been acted upon,
unless the welfare of the child de
mands that the contract be disre
garded." It is also held "If a parent by
voluntary contract releases his
parental power over his child to
another, he cannot revoke such con
tract after it has been acted upon in
good faith, except for sufficient legal
reasons such as insufficient support,
bad treatment or the like."
Bentley vs Terry, 77th American
Bonnett vs Bonnett, 47th Amer
ican Reports, 810.
"Or if a parent has transferred
the custody of his infant child by
voluntary agreement, whiah has
been acted upon by such other per
son to the manifest interest and
welfare of the child the parent can
not be permitted to reclaim its cus-l
tody unless he can show that a
change of custody will materially
promote the welfare of this child."
Stringfellow vsSummerville, 29th
S. E. Reporter, 685.
Green vs Campbell, 29th Ameri
can State Reports, 843.
Cunningham vs Barnes, 38th
American State Reports, 57.
It is also held that "If a child
has been permitted to grow up in a
family of a third person as his sou,
such person cannot raise the objec
tion that the agreement is not bind
ing on the ground that he could
not have enforced it against the
child's parents for the purpose of
avoiding his liability under the con
tract to provide for the child as his
Van Dyne vs Vreeland, nth
New Jersey Equity, 370, and
affirmed in the 12th New Jersey
Equity at '11 2.
In Chapsky vs Wood, supra,
the Court said, "No one has said
that this child has lacked anything
which a child should have and the
testimony all shows that it has
been cared for most patiently and
faithfully, as well as it could have
been cared for by anyone, and to
that care the face and appearance
of the child abundantly testify
this fact does not rest on probabili
ties. It is a serious question, al
ways to be considered, whether a
change should be advised. 'I,et
well enough alone is an axiom
founded on abundant experience.
There is nothing in the present
situation of the respondents, their
pecuniary condition, the business
capacity of tlie husband, their so
cial position, their affection for this
child, absolutely nothing which
tends in anyway to suggest that
the welfare of the child, which has
been promoted in the past, would
be limited or abridged in the future.
What they have done for the child
tends to show what they will do
through' the future years of its
childhood what that has been is
certainly ample and I think more
(Continued on page 7.)
California Fertilizer Works.
534 Clay Street, San Francisco.
M. D. HALL,
Manufacturers of and Doalors in
Pure Bone Fertilizers
Pure Bone Meal
Complete Fertilizers of All Kinds
Nitrate of Soda
Sulphate of Ammonia
Sulphate of Potash
Fish Guano, Wool Dust, Etc.
which has been
for the past fif-
And also to our
XX High-Grade Fertilizer
A large stock of these goods is kept constantly on hand and for sale at
San Fraucisco prices, plus freight and other expenses,
By Our Hilo Agon.ts,
L. TURNER CO.
HILO WINE AND
J. S. CANARIO, Manager.
American Whiskey v
in cases and bulk
in cases ami bulk
Holland Gins, Assorted
ENGLISH ALES AND PORTER
Tklkphonk 90. " Front Strkkt, Nkar Church
Received each month
We will develop your Plates or Films and print them
for you. we are making a specialty of this work, and
endeavor to give you the best possible results.
Kodaks and Cameras
at Eastern prices
And anyone purchasing n Camera from us will
be instructed how to take and innke a picture
HILO DRUG CO., Ltd., Hilo
IS CALLED TO OUR
on this market