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TUB WniK!,Y 1III.0 TRinONK, HI I.O, HAWAII, TUHSDAY, JANUARY 34, 1905.
l)c Uo vilmmv
JAN'. 2.j,, tyos.
Mulcted ut the Postofficc nt
wall, as second-clnss matter
rUIILISlir.I) KVKKV TUKSHA.V.
J. CASTI.K Ridoway Iiditor
D. W. Mahsh -Business Malinger.
It is with conflictcng emotions
of fear mid humiliation tlint the
humble Tkiiiiink scribe reads the
Knston resolution passed by Com
pany D at its meeting last Fridny
The resolution, which appears
clscwhcte, neither affirms nor de
nies Sergt. Kaston's part in the
protests made against thc Ililo
armofy contract. As an organiza
tion, the Company has been sorely
offended, but in just what manner
or particular is left to the reader to
jguess. There is no doubt what
ever that their feelings have been.
grievously hurl and they demand a
soothing balm in the shape of a
denial and apology for their
wounded sensibilities. Full repara
tion should be made to all who are
aggrieved and the Tkiiiunk is sin
cere when it hopes there Will be
enough apology to go around.
That Company D as u. body re
pudiates Sergt. Kaston's officious
actions dots not appear from a per
usal of the resolution passed and
the inference is that the soldier
bDys are in sympathy with and ap
prove the kicks make by Itnston
against the armory job. Either
they propose now to take up
Easton's fight, which he has waged
single-handed against corporate
greed, or they will back up vi et
armis any attempt to belittle his
efforts in that direction. If, on the
other hand, by passing the resolu
tion, they did not intend to reflect
the sentiments of its author, then
the conclusion is that the Company
resents being dragged into Easton's
personal squabbles and feels the
ignominy and disgrace which the
notoriety of one of its officers has
heaped upon the Company.
The Tkiiiunk does not think
that Sergt. Easton's conduct has
been disgraceful, so far as the
armory contract is concerned, or
that it calls for such condemnatory
proceedings on the part of Com
pany D. Sergt. Kaston is acting
within his rights as a private citi
zen when he lifts his voice as a
public benefactor. That he attracts
attention to himself is no fault of
Company D and does not neces
sarily involve that organization in
any moral turpitude. The armory
job is a public work in which all
good citizens should take a live
interest and it is hoped that equal
publicity may be given every other
government contract, so if there
has been any grafting the public
may become acquainted- with the
. 1 j
Thkkk seems to be two sides to
the question of a single county gov
ernment for the Islandof Hawaii,
and the Hilo Ijoard of Trade are
meeting the proposition in the
proper spirit. If it can be demon
strated, as Mr. Smith says, that one
county is cumbersome and not eco
nomical, it would be a mistake and
an injustice to both sides of the
island to amalgamate diverse inter
ests into a single county organiza
tion. County government is inevi
table and the objectionists;, may as
well sooner or later become recon
ciled to the establishment of an
American system of local self-government
in these Islands. The
republican party is pledged to it
and the majority of the members of
the legislature were elected on that
platform. The people will there
fore watch with keen interest, the
action of the legislature in dealing
with the subject. There is no mis
taking the clamor of the people of
Hawaii for .self-government.
(., ., ,.H.,,1 . I. ,1.,P......
,... .....J..,.. lU .. ., ""--
of Sheriff Andrews' administration
appearing in the Herald last week.
came a little late for effective cam
The h irk Amy Turner left San Fran
cisco for Hilo on the 6th iiibtaut.
COMPANY l ACTS.
Tim ltiuld (Ivor the Ililo Armory
On 1 1 11 urn to (Iron- Aimer.
The end in not yet apparently, if Jack
Easlnn has anything to do with the Hllo
nrtimry contract. Contractor Kendall
tins written nnother effusion in tlic con
troversy, drawing the deodly parallel
ogaliisl the government In n recent Issue
of the Advertiser. Superintendent of
Public Works C. S. Iiollowny hns ac
ceded to the complaints of the objectors
mid dispatched n disinterested contractor
to the scene last week to pass upon the
work. Contractor L. M. Whltchoiisc who
is coiittrucllpi! the nrtuory is hi the city,
urbane nud unrufllted by the furore which
has been created over what hi- calls un
John Oudcrkirk, a contractor and
builder of Honolulu, arrived last Wednes
dayman the Kluou, 011 n Bpccial mission
from the Public Works Department to
inspect the Ililo armory and other gov
eminent jobs, where complaint is mnde
that the specifications have been disre
garded. He spent considerable time in
looking over the nrmory which is now
about completed. He listened to the
complaints of contractor Kendall and
others and examined carefully every
charge made. He refused to sny any
thing for publication or express an opin
ion, stating that be would make, bis re
port to the Governor and Supt. Hullo
way upon his teturn to Honolulu, which
was Friday morning. He dropped one
significant remark after an inspection of
Moolicnu Hall. He was heard to say,
"And why is there no complaint against
the Ileckley pavilion?" To this Inquiry
no one volunteered an answer, and it Is
understood that Air. Oudcrkirk will in
clude in his findings, a report of the
manner in which the conttact for Moo-
beau Hall was fulfilled. Later on, In
company with members of the Hilo road
board, he drove to Kaicic where K. Wcrj
lias about completed the construction of
a concrete culvert. Inspector Oudcrkirk
expressed much satisfaction with the
work and complimented, Contractor Wery
on the finished arch.
At a meeting of Company D on Friday
night at their quarters above the Lyman
stables, Sergt. J. D. Kaston provoked a
fiery discussion over the armory affair.
Mr. Kaston said a local paper had put
him in a false light and he desired a
correction. He spoke at length, reading
extracts from the paper. Corporal Eugene
Lyman believed an injustice had been
done Sergt. Kaston in connecting his
name with the armory protests, and
thought an apology was due him by the
press. There followed considerable de
bate, in which the officers and men took
part, and which continued for over an
hour. For a time there threatened to be
a display of feeling over the matter, but
Sergt. Kaston and his friends were insist
ent upon their motiou which was finally
passed. While Sergt. Kaston had been
roundly scored for his over-zealousness
in the matter by individual members, it
was claimed no official action to this
effect had been taken by the Company..1
What was desired was an expression from
the orgauizntionjvhich would humiliate
and humble the editor of the paper and
vindicate Serg. Kaston before the public.
The resolution reads as follows:
Resolved, That it takes offence at the
statement printed in the Hilo Tkiiiunk
on January 17th, 1905, which reads as
"And It if reported that that organiza
tion (referring to Co. I)) as a body repu
diated Mr. Kaston's interference in
causing a delay in the work (meaning
the H1I0 armory) taking Sergt. Kaston
to task for his otficiousuess." Asking for
a denial and 1111 apology to Sergt.
Kaston and Company D.
The first motion contained a demand
for an apology to Kaston only, but some
inquiring member asked if the Company
had been offended, an apology v as not due
that organization as well as to Kaston.
Before the motiou passed, this amend
ment was made, the resolution reading
There were a variety of opinions ex
pressed on the wording of the resolution,
the officers and better element being op
posed to taking up Kaston's quarrel, if he
had any. It whs slated that the lesolu
as passed meant nothing either to Sergt.
Kaston or to the public, and only placed
I the Company in a ridiculous light. The
demaud for an apology fails to state
what the penally might be in case of a
refusal to comply with the demand and
fails to state whether the facts set forth
in the objectionable article arc true or
otherwise. However, Kaston must have
his vindication, so the resolution passed
to placate the wrathy officer.
Maul Ncwn Incorporates.
The leading newspaper published on
Maui, known as the Maui News, has
been purchased by a company incorpor
ating as the Maui Publishing Co., Ltd.
The company will capitalize at 17,500
for a starter, and increase to 25,000
whenever the increasing business calls
for an increased capitalization.
Mr. C. L. Clement, through whose ini
tiative the company was formed, will
probably be selected as editor and busi
ness manager, and temporary officers of
"" J"UI""V" """""V ""-" MICHCU
llln ItAltAiiwI rtmilll'klftll ltriviittwtj.4..1dmi...-l
; J. N. S. Williams, President; R. a.
1 Wadswortli, Vice President; D. II. Case,
.Secretary; C. I). Ltifkiu, Tieasurer; ami
II. r. lialiiwui, K. w. Filler ami Carl
The capital stock has all been sub
scribed, and it now seems curtain that
the deal will be completed by the eud of
the month, I
CKOSS WINS SUIT.
Supremo Court Decide In I'nvor
f lreIon Co
Justice Hartwcll writes the opin4
ion of the Supreme Court in n
decision rendered in the matter of
Marconi's Wireless Telegraph Co.
vs. 1 J. Cross, decision overruling
exceptions of plaintiff. The jury
verdict in favor of Cross is upheld.
Marconi's company of England
sued on a contract made withi
Cross, whereby the company was
to install a wireless telegraph system
in the Hawaiian Islands, and Cross-
to pay $11,000 in two equal instal
ments, after the system should be
in working order, and ,500 ($1500)
yearly rent for five years.
At the time of making the agree
ment Marconi's representatives
told Cross that thay might make a
contract with him and he could
assign it to his company, which, ns
defendant testified, "was ngreeahle
and it was done." Cross organized
the Inter-Island Teleuranh Co..
assigning the contaact thereto, and
this company paid the plaintiff
company the first instalment of
$5500. In the transactions of the
plaintiff in these islands it dealt
with the local company, and the
origin of the suit is thus desciibed
in the court's opinion:
"Considerable expense was in
curred for changes required to
make the system work, and dis
putes arose whether thy plaintiff
should bear the expense. Twenty-
seven hundred dollars were paid by
the local company 011 account of
these changes and $900 were ad
vanced by it at the request of the
plaintiff's) agents. At last the plain
tiff, finding tlie stockholders of the
local company dissatisfied and not
disposed to advance more money,
informed the defendant that it held
him personally liable on the agree?
ment. The jury found for the de
fendant and the case comes here on
the plaintiffs bill of exception."
Two lines of defense were taken
by the defendant. First, that the
plaintiff had not performed its part
of the agreement, and, second, a
novation, by the plaintiff accepting
the Inter-Island Telegraph Co. iu
place of the defendant to perform
his part of the agreement. The
court finds there was evidence to
support each one of these defenses.'
Exceptions to the verdict and to
refusal of the motion for a new
trial are overruled. It is found that
the trial court correctly stated the
law in its instructions to the jury.
Judge Robinson was the trial
(liven Up as Lost.
The colony of Japanese fishermen were
all excitement on Wednesday last, when
one of their countrymen failed to return
from the previous night's fishing. These
sturdy fishermen go out iu their sampans
to the fishing banks outside of the reef
every evening, remaining all night at
their task and returning at daylight.
Tuesduv evening the flotilla of Japanese
fishing boats were at work as usual, and
when one of their number Maruo
Skitaro, fulled to show up the following
morning or during the day, the news
spread that he had been blown out to
sea. During the day a native fisherman
picked up his boat outside and lowed it
iu, but no trace was found of the
missing Jap, until nightfall, when a tele
phone mes,snge from Laupahoehou an
nounced the fact that the fisherman had
been landed at Kukuihaele by the
schooner Moiwahiuc. According to the
JTip's story, the schooner ran afoul of his
boat ubout 3 o'clock in the morning, ns
it was leaving port. The bumpaii was
capsized, throwing the fisherman into
the water. He managed to swim to the
schooner and grasped the anchor chain,
from which perilous position he was
rescued by the sailors oil board the
schooner. Later he was lauded at Kit
ktiihaelc and being without money,
walked thirty miles to Laupahoehoe
where he communicated with his friends.
The man lives at Waiukea ami has a wife
and children, who believed he had per
ished at sea until the receipt of the tele
Curd of Tliunks.
The committee in charge of the Cook
benefit extend their thanks to tlie Ililo
Klectric Light Co. for lights, the Hawaii
Herald and Hn.OrTiuiiUNH for printing,
the members c,f the Klks, and the ladies
and gentlemen who assisted in the pro
duction of the entertainment, ami the
general public for their patronage, which
uriile the performance a success finan
cially and otherwise.
Jty Hie Committee,
MRS. J. T. LKWIS,
MRS. R. G. CURTIS,
MRS. A. G, CURTIS.
In accordance with Section 41, Chap
ter II, of the Act of Congress organizing
Hawaii into a Territory, the next regular
sosion of the Legislature of the Territory
of Hawaii will convene hi Honolulu on
February 15th, the third Wednesday in
February. Such session shall continue
not longer than sixty day?, excluding
Sundays and holidays,
0. R. CARTKR,
Honolulu, January 5U1, 1905. 12-3
Three ltoom Seliool
House nl Waiohiiui,
Proposals will be received at the office
of the Supt. of Public Works, Honolulu,
T. II., until is o'clock m. of Feb. 6,
1905, for constructing n Three Room
School-house at Walohinu, Kau, Hawaii,
Plans and specifications are on file
with the Asst. Supt. of Public"Works,
with K. K. Richards. Agent Public
.Works, Hllo, Hawaii, and with J. C.
Scarlet. School Agent, Hilea, Hawaii,
copies of which will be furnished intend
ing bidders on receipt of (5.00, which
sum will be returned after depositing bid
and returning plans and specifications.
No proposal will be entertained unless
submitted 011 the blank forms furnished
by the Asst. Supt. of Public Works, en-
clown in a sealed envelope addressed to
Hon. C. S. Holloway, Supt. of Public
Works. Honolulu, T. II., endorsed "Pro
pos.il for Walohinu School-house," and
delivered previous to 12 o'clock 111.011
the day specified.
The Superintendent of Public Works
reserves the right to reject any ornll
C. S. HOLLOWAY,
Superintendent of Public Works.
Honolulu, T. H.Jan. 17. 1905. 13-3
RF.PORT OF THK CONDITION
FIRST BANK OF HILO
AT THK CLOSK OF BUSINESS
DECEMBER 31, 1904
Loans ond discounts f39i637 59
Call loans and government
warrants 3,031 25
Furniture and fixtures 5,713 16
Other ussgts 156 07
Due from banks 187 70
Cash 32,155 &
$ 350,88 1 61
Capital paid in $142,500 00
Surplus 20,000 00
Undivided profits 3,216 00
Deposits 163.880 74
Due other banks 21,284 87
I, C. A. Stobie, Cashier, do solemnly
swear that the above statement is true to
the best of my knowledge and belief.
C. A. STOBIE, Cashier.
Kxamiued and found correct.
W. II. SHIPMAN, )
A. II. JACKSON, V Directors.
JOHN T. MOIR, )
N. C. Vu.t.i'ONG, Auditor.
Subscribed amWworn to before me by
C. A. Stobie this 23d day of January, A.
D. 1905. W. S. WISH,
Notary Public, Fourth Circuit, T. II.
At the annual meeting of the stock
holders of THK FIRST BANK OF
HILO, LTD., held at the Bank, Peacock
Mock, Hilo, Hawaii, Saturday, Jan. 14,
1905, the following were elected officers
and directors for the ensuing yeur:
P. Peck, President.
C. C. Kennedy, Vice-President.
John T. Moir, Second Vice-President.
C. A. Stobbie, Cashier.
A. II. Jackson, Secretary.
N. C. Willfoug, Auditor.
Diiictors. Win. Pull.ir, John J. Grace,
F. S. Lyman, II. V. Patten, John Watt,
.'. II. Shipumii.
A. II. JACKSON. Secretary.
Hilo, Hawaii, Jan. 14, 1905. ' 12-2
The annual meeting of the stockholders
of the Hilo Klectric Light Co., Ltd., will
be held at the office of the company 011
Wednesday, January 25th, 1905, at 3
o'clock p. in., for the election of officers
for the ensuing year and such other bus
iness us may come before the meeting.
WM. T. HALDING,
The Old Reliable Stand is
Razors honed, Scissors and all edged
tools perfectly ground. Satisfac
Subscribe for the Tkiuunk, Island sub
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