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Till- WKU1UY HI 1,0 TKIBUNK, llll.O, HAWAII, TUKSDAY, SUl'TKMHKU 27, 1904.
X. . WX. 2
ls.' v ISa c
Sure Cure jTHE LAND LAWS
Tho debilitating olfpcts (if a warm
rllluatu nml uxposino tii all ktuils of
Mi-iitiipr aiiJEiiru to brlngou disorders
uf lliu blood ami weaken tliu system.
Mr. Clurle ('cilitcn, of Mt. Malcolm, W. A.,
temN u lil ti"tivjrnili, and U'lltof asuro
1 ute lor I hoe roiiriltinnq.
"I'nr kiiiiik lliim I Imp Iicimi l.imllonl of
tin- l(m:il lintel In Hi" Mt, Marc-iret i?old
ticlili itltirli'l.i-lKlitv iull" iriini tlie nearest
ijllu.iy. I lu wiM u ijrr.it ileal irAers
HjrHinrlM.i,iiiiil It rIvi" tin' iniwt imlterfcil
citMuetlnii. When miner. irieuliirii.aiiil
t 1ir hi'tiitiii' run Mown liy lack tit frrli
i'Ci't.ililr .ui'l Irnllo, :iml from exiouro
to ull klnili uf we.ltlHT, tlielr lilooil In-wmiM
miv Impure nml tliu wliulu system ;re.Uly
WC.lM'lK u. inn
h tlw.n.inrncnrr. t liavo known miner
I" remt 11 liumlruil uillv.4 lor It, null U tlielr
1 ,11:1 111 It "
'I hero nr" iiimy linltatlmi RirratiarllkM.
Ilo Miru'yoii (;et"Ajer'9.
Aer'n I'lIN will cr.'itly alii llio nctlotiof
llw K.iriurllli. Tliey tir all vegetable,
n.'lil, nugar-eiutcil, ami e.iy In take.
l'r.iirJ by Dr. J. C. Ayet Co., Lowell, Mm., U. S. A.
I'nr Sale by 11IL0 DRUG COMPANY
'-smHP'' SlIll'MAN StKKKT
rf'WU OiH'ii from 5 A.M. t(i it P.M.
lf4B; v First Class
WM WINES ano
Pplfc 00 r dials
'."'', ,Hjy-, ' At Moderate Prices,
Mixiu) anii Fancy Dkinks
Honolulu Primo Beer
Ten Cents a Glass
Pit HP. LUNCH
Matson Navigation Co.
I he only Dneet Line between San Pratt-
fibconiul Hilo. Comprising the
following Past Sailers
Hark ANNIE JOHNSON
Hark RODERICK DHU
Hark MARION CH1LC0TT
Shin PALLS OP CLYDE
Tuc CUAS. COUNSELMAN
tiid other Specially Chaiteied vessels , suflicieiitcnuse for the Commissioner
iimkes this ttin with at least one of these , . c ., , . ,
h.MiiWicli 1 month u carrying both Preight I to take possession of the demised
mid Passengers. i premises without notice, demand or
l'ot dates of sailing and terms, ,,revious entry, and with or without
Call upon, ' " 11.
Iv . , ,, . 'legal process and thereby determine
no. I). Sprecliels & Bros. (,0,, Jtate creatc(, ,)y such feMe
b ' I
W Market St., San Irrnuci.sco,
II. T. OUARI), Agent,
U fta" aM ".m'a
The Largest Importers ol
Also, Dealers in Dates Oranges,
Apples Lemons, Limes, l'otalocs,
Onions and All Kinds of Nuts.
L. C. WRESOVICH CO.
Sin 1'i.incUco - California
. 8. IRWIN & CO., Ltd!
Sole Agents for
Valional Cane Shredders,
Alex. Cross & Sons' Suar Cane
and Coffee Fertilizers.
Attorney-General Gives Opionion That the Law Must
Be Complied With Summary Action To Be Taken
Against Delinquents No Redress for Ignorance or
Mistake As to the Law. ,
Sub l.atid Agent Williams at not less than two years nnd has
Hilo has been instittcted to proceed substantially performed nil other
ngninst cverv homesteader who has 'Conditions of his lease."
failed to live up to the requirements ' A careful examination of the
of the land laws. All holders of situation reveals that this section
Right of Purchase leases who have ' does not afford the relief claimed,
not complied with the terms of their while it allows the tenant or np-lea-es
by residing thereon "conlin-iplicant to receive his Royal Patent
tiottsly," or failing to fulfill other j at an early date provided he has
requirements aie to be ousted and 'performed certain conditions and
the leases cancelled. thereby puts a premium upon the
Commissioner of Public Lands settler being energetic and active
Pratt has taken this action under a and cultivating the pioperty, yet a
formal opinion No. 155 of Attorney careful inspection of the conditions
General Andrews, which has just of occupancy shows that if the ap
been made public. In it the Attor-' plicant has failed to comply with
ney General quotes sections of the , them, there is no redress.
law with reference to residence and ,
fnils to find anv relief for those '
quasi homesteaders who have failed
to teside continuously on their land
upon an misunderstanding of the
land law or by special permission oi J
the local land official. '
Ranger J. V. Ahina has been
spending the past two weeks in ,
Ohm looking into violations of the
land laws. Special attention is di
reeled to the new Olaa sub-
division, which was Opened up'
Sent. 20. tooo and not one in
twenty homesteaders are able to 1 encourage settlement and residence
prove up on their property. These' upon lands of the government. It
were sold at public auction under was not for the purpose of allowing
special agreements of various kinds, persons to obtain farming lands at
requiring a six years residence. 1 easy rates, but for the purpose of
Fully thteequnrtersofthese leases J creating small farm homesteads
agi cements will be cancelled, and j where the parties would engage in
every other right of purchase lease farming and agricultural pursuits
within the district not beiong com- .and incr.nse in number the thrifty
plied with will suffer like treat- citizens of the Territory,
meiit. The opionion is as follows: The conditions in the Right of
OPINION No. 155.J
Ti'.kritorv ok Hawaii,
Hon. Jamhs V. Pratt, ',
Commissioner of Public Lands, j
Territory of Hawaii. '
Sir: In answer to your request 1
for an opinion as to whether the
Commissioner of Public Lands has
the ris-ht to extend any relief to a
i person who, through mistake or '
i otherwise, has failed to fulfill the
residence condition of a right of
' . tt. -! .it-., loricn T
11111.11. 111. i.nw, .
Section 61 of the Land Act of 1 as a rule, is of; sufficient intelligence they converted a board fence into
jSgc provides for the conditions to know that the consent of an , breastworks and held the fortifi
whicli must be fulfilled by the ap-1 officer that he can break the law, is cations against the repeated at
plicaut before he is entitled to his not goin to protect him from the ' tacks of larger force. Capt. Fetter
patent. Subdivision 2 of said sec- consequences. I have no doubt in j then divided his command into
tiou reads as follows: "The lessee j some cases through a belief that ' three detachments, and in the face
shall from the end of the first year l the agent was not misleading them J of a infilading fire scaled the ratu-
of the said term to the end of the
fifth year thereof continuously main
tain his home on such premises."
Section 62 of said Laud Act re
cites: '"The violation, if any, of the
foregoing conditions shall be found
This latter section gives to the
Commissioner the right, without
doubt, upon failure of the appli
cant to perform any of the condt-
fintm. to take nos.session of said
' property and determine said lease.
4. ... ...
the case of mistake, inadvertanceor , " ,J , "" h" .'"' .", Jra
misinformation on the part of the!'osqutto finds a d.stinguishc,! seat
tenant, can the Commissioner of of llOI,0r; ffhereIhe ""l hlls.ranI'
Public Lands extend the time with-
in which he can fulfill the condi
tions of said lease, and give
further lime within which to comply
with the law in this patticular?
Section 64 of said Act has heen
called to my attention The sec
tion is as follows: "At any time
after the third year of the said term,
the lessee shall he entitled to a laud
patent from the government con
veying him in fee simple the land
described in his lease upon his pay
ing to the government the appraised
value of the premises as set forth in
such lease, if lie has reduced to cul
tivation twenty-five per cent of said
piemises and has itsided thereon
The subdivision of section fit be-
fore quoted, that "the lessee
from the end of the first year" is
mandatory. If he does not do so
he forfeits his lease, and there is no
provision of law that I have been
able to find that .allows v public
officer to take upon himself the
burden of changing the conditions
of a lease where the same, are laid
down in emphatic and absolute
The idea of the legislature in
creating these leases was clearly to
Purchase leases are clearly printed
in every lease. Persons desiring
public lands and not desiring to live
lhereo"' ca" oblaiu the same '10"
other conditions by bidding a'
. ' b
Pbbc miction in an open market.
If a settler prefers to take one of
these leases, he must expect to live
up to the terms of same as laid down
in his lease, and any man who can
read and write, can understand the
conditions therein set forth.
While the claim that settlers were
misled by sub-laud agents as to the
would reply as conditions it was necessary to per
from, is a plattsable one, the settler,
1 settlers neglected to comply witli
tlie conditions as set tonn 111 tneir
leases, yet I see 110 way in which j which had been dismantled before
the Commissioner can ' interfere in the arrival of the Russians. Alto
the matter. gether it was a very .successful ex-
Yottrs respectfully, hibition, and the shelter tent drill
(Signed) LORRIN ANURKWS, J was exceptionally good, the entire
Attorney Cieneral. 'company going into temporary
NKW .1 HUSKY'S I'KST.
An Inleieslinu' Exhibit Showing I'd'
forts to Exterminate II.
St. Louis, Sept. 23. The inosqtti-
to never had such honor since the
world began as he has now at the
world's fair. In the great Palace
if forestry, Fish and Game, amid
,'the profoundest of exhiWls and
j ini4- olnlitllf inlnllltnrL' lltr Tiit-,itit
"-""" " "" """
are gazed upon by tlie multitudes.
The great State of N. J.
K . u. mauiuc w.uwi
l.n,l !.. !... .1 f ... .n..n ...
as a piaceoi residence. 1 ue jer-
sey mosquito had become an intol-
erable curse, known far and wide
1 on account of size, industry and
streniiousness generally. There- 123456789
fore Jersey makes this exhaustive , Union Specials..o o o o t o o o o 1 j
mosquito exhibit us an adveitise- Hilo Railroad. ..9 o o o 0 3 o 4 o 7
ment of her enterprise in combating , The score in the second game was 1
a pest that she could not conceal, 'as lollows: j
Mr. Mosquito is here in bottles; 1234567
some hundreds in number. He is
impaled on pins numbered and
otherwise labeled till he looks like
the trophy display
head htiuleis. On
in a village of
j and in other cases inul bottles we Noyiiinc. J.ikk Kxpnkiknck. ,
1 nrc shown all the kinds of fish, 1 "One truth learned by actual cx-j
bugs nnd beetles they have in Jcr-jpetienec does mote good than ton
isey to cat mosquito larvae. A (lis- experiences one hears uboti'."
iinembcrcd mosquito is tntiiiiliccl Tell a man that Cliambet Iain's
and spread over a space as large nsi Colic, Cholera and Diarrhoea
:the side of a newspaper, every part
"erel and numcd till he looks
M U .. .. f . I. itilll .....1 IliltinvlHill .... (tin
n iiiuiiiiii;iit illHl lllljivil Ullll tin IIIC
diagram of a man, his mere victim.
Still another case contains a salt
marsh it; miniature showing how
pools of wnler gather in low places
when it rains and furnish breeding
places for myriads of mosquitoes.
Photographs show experiments with
castor beans as a preventative of
mosquitoes near dwellings, but
which proved to be but homes for
The scientific results are that mos
quitoes do not breed in ponds where
there are fish or beetles or other
bugs to eat the larvae; that the
country must be so drained that
there can be no poors or other stag
nant water to furnish breexling
places. Kven the pitcher plant of
the lowlands or tomato cans in the
back alley, or anything that will
hold' water for a few days, rain bar-
cisterns, are proline oi me
pest. New Jersey has therefore
doiu the world a service, and her
display is full of interest and worthy
of examination. Uy the methods
proposed Jersey hopes to overcome
the mosquito pest in ten years.
SHAM HdUT AM) ISASr.MAIil,.
A l.ut'KC Ci'ouil Witnessed Splendid
Fully five hundred people filled
the giand stand at Hoolttlu Park
Sunday afternoon to witness the
sham battle by members of Com
pany I), National Guard. The
movements were remarkably well
executed and the soldier boys were
at nil times well under command by
Captain Fetter and Lieutenant Lttd
lofT, who commanded the opposing
forces. Promptly at 2 o'clock the
boom of a cannon gave notice of
attack on the main body of the
company, which were bivottaced on
the open field in front of the spac
The bugle sounded the alarm
and a recoiiiioiteriug party under
Sergeant Kaston made a sortie in
the direction of the ambttscaders.
Not knowing. the strength of the
force, Captain Fetter lead a Kuro
patkin retreat without the loss of a
The Japanese under Commander
I Iudloff then advanced with their
field pieces to the abandoned
position of the fleeing army. Here
j parls ol i-aioyang and captured the
enemy s ammunition and guns
'camp 111 two minutes.
I This was followed by an exciting
(ininn lintWHill llin "H V"
I Union Specials and the "Black
I Diamonds" of the Railroad. The
crowd was enthusiastic and evenly
divided in its partiality to one side
; or n,e oti,er. Itaston and Tcvis of
. Ueamer's team assisted the railroad
boys and Kekuewa helped the
Unions to defeat. Mederios in the
I . (" . i
!lners dox tor uie unions played
,ft R00(1 game, nnd jnck mWawt
I nnd Spauldmg on the firing line for
tni. railroad team
me railroad team did some good
I w ...
rue unions seemed to lose their
nerve, and the only tun made was!
one in the fifth, on an error by the,
j. second baseman. The score is as.
1 Aiooiieau 3 02351 014
Subscribe for the Thuujnk.
scriptiou 52.50 a year.
Remedy will cute cholera morbus,
and he will most likely forget it be
r..... 41. ...t ,.r ii. .1.... 1 t.:...
uiiu 1111: cnii 111 inu utij jLi linn 1
hnvc a severe attack ofjthat disease, ,
feel that he is about to die, use this j
remedy, and learn front hisown ex-1
vie this I
perience how quickly it gives relief,
and he will remember it nil his life.
For sale by Hilo Drug Co.
WELA KA HAO
Front St., Noxt to Alcana's
In Kog or Bottlo
JOHN KAI, Jr.
FIRST BANK OF HILO
Incorporated Under the Laws
Territory of Hawaii.
PEACOCK BLOCK, HILO.
C. C. KHNNI'.DY.
JOHN T. MOItt..
C. A. STOHIK
C. KlIMSWAV, Secretary.
J. . Canarlo, John J. ('.race,
V. S. I.ytuaii, It. V. l'.ilten,
Win. I'lillnr.' V. II. Miimnn.
13ruv lSxcliutiye on
re Dank of Hawaii, Ltd Honolulu
Wells, Purgu & Co. Hank. ..Sail l'rancisco
Wells. Pnrgo & Co'n Itank New York
The Nalionnl Itnnk of the He-1 r1 . ,
public f UllCJgO
Glynn, Mills, Currie & Co London
Hoti(;knug-ShanKhai Dank- Ilonkoii,
ing Corporation ) China.
Ilougkong-Shaugbai Hank- ) Shanghai,
in); Corporation ) China.
IIouKkonK-SliatiKlml Hank- r.flfC,';
inK Corporation ( jnp"!' '
the Mouth or Year. Par
ticulars 011 Application.
SUIJ.S TIIH HKST
At Cheapest t'rices. New Stock Kacli
Moutli. Small l'rolils.
i Front St., Sprockets' Block
Comfortable Rooms ... Hot and Cold Baths ... A Well
Stocked BniTet ... Mixed Drinks and Fine Wines ... A
Cold Storage Plant on premises with all the Delicacies
of the Season ... Open Till Midnight
WAIANUENUE STREET, HILO
CUISINE UNEXCELLED FIRST-CLASS SERVICE
It is now rewKtiireri that nearly
nil ilUi-Hsei, fiiicrinllv those ol nil
neiili' I'lutriieter, nre ifiie to germs.
The nirins nte everywhere. No
iiiiuitilit of motion or ordinary
rh-niihiiig cnii net riil of them. It
is neeiwsirj, csjieciiilly til this
time of year, Unit ilisinftcltints
nml eerinieiile.s be freelv iceil
doubt ns to what to Use for any f
particular purpose- we can advise i
L. SHaW, Manage
Draught Boor IO Conts
When you need a drink call
at the KEYSTONE, cornet
Front and Pouohawai streets.
A first class line of
always on hand.
HILO MARKET CO.,
Telephone No. 39.
Buinr.H St. - Iln.o, II. I
Fkont St., Hn.o, II. I,
Choice Cuts of
POULTRY of all Kinds
FRESH ISLAND BUTTER
The Old Reliable Stand is
Kaors lioueil, Scissors ami nil cilgeil
tools pet feetly jjrouuil. Salisfae-
ift bout the borne. All sinks, drains, A
closets, ilmk nml tliinip places
should have attention. We etirrv f
nil the reliable disinfectants, rte'- i
....,ri ...., .....I ........ I..!. I If I.. T
wiliilfl.i till! r Mill I Cli II 111