Newspaper Page Text
VHB WteKktY MlQ MUN, ttltO. HAWAII, TUX9DAY, MARCH 7. 1905.
Ask for .and
insist upon getting
Its purity is guaranteed.
It is made of the finest
hops and barley malt,
combined with pure arte
Sold everywhere lu bottle ntul keg
I Comfortable Rooms ... Hot and Cold Baths ... A Wcll-
I Stocked Buffet ... Mixed Drinks and Fine Wines ...A
I Cold Storage Plant on premises with all the Delicacies
I of the Season ... Open Till Midnight
I' WAIANUENUE STREET, HILO
I CUISINE UNEXCELLED FIRST-CLASS SERVICE
Of Gothenburg, Sweden
Assets (Home Office) ... - $7i3.6j.36
Assets in U. S. (for Additional Security of American Policy Holder) 656,678.43
Pacific Coast Department: EDWARD DROWN & SONS, General Agents
411-413 Califorufa St., San Francisco.
H. HACKFELD & CO., Ltd.,' Resident Agents, HILO
That the evening's meal
'will not be satisfactory; will
..not seem complete without a
It puts health and happiness in every one of the
RAINIER BOTTLING WORKS
WuILl li LA5I5 1
I Wills' English Smoking Tobaccos
I "Pure Latakia," - - 50c a Tin
1 "Best Birdseye," - - 40c a Tin
1 "Travellers' Mixture," 35c a Tin
I rnMQ flQUAIlf UNCLE SAM'S 1
I im o.U.onA n cigar store
Needed LcRiMntlou In Hawaii to
rrevrnt Forced Hnlcn.
Judge Philip L. Weaver, of the
Court of Land Registration of Ha
waii, 1ms written the following
interesting article on necessary
legislation to exempt the family
homestead from forced sale. The
article is taken from Hawaiian
Forester and Agricultmist for
There is no subject of legislation
nearer to the private citizen's own
interests than that affecting the
homestead. Next to getting a
home for his family on a secure
title, is the ability to keep it
through the changes in his financial
standing, and the misfortunes that
come to all of us. The writers on
the theory of the state, on which
the practical politician should base
his practice, so far as the theories
seem wise, make the interest of the
family the interest of the State.
Following this conclusion, many
states of the United States have
thrown around the family home
stead the protecting atm of the
government against the claims of
creditors, except Certain classes of
artisans and such others.
The constitutions of sixteen states
have provisions concerning home
stead exemptions. At least 32 states
have enacted legislation to exempt
the homestead. Other states may
have done so but I have not been
able to ascertain the facts. The
methods adopted are various. Some
exempt the homestead without any
declaration by the householder.
Some require a declaration of home
stead to be sworn to and recorded
that the public may be informed of
the cjaitu. Some states exempt
from 80 to 160 acres of country
land or a city lot with or without a
limit on the value of the homestead
exemption allowed. Some states
exempt country or city lots without
limit in area but with a limit of
value. In some states the home
stead continues exempt after the
death of the head of a family and
until the youngest child reaches
majority, provided tue premises
continue to be occupied as a home
stead. These statutes vary from an ex
emption of only $600 in Indiana to
$5,000 iu Texas and California.
Alabama exempts 80 acres of
country laud, or a lot, not to exceed
California has an exemption of
$5,000 of value, country or city
Georgia exempts $.1,600 of real
and personal property.
Florida exempts 160 acres or
one-half acre of town lots.
Indiana exempts $600.
Idaho exempts $5,000.
Kansas exempts 160 acres or a
Louisiana exempts $2,000.
Michigan exempts 40 acres of
agricultural land or a city lot, not
over $1,500 in value.
New York exempts $1,000 worth
of real property.
North Carolina, West Virginia,
and Tennessee exempt $1,000.
Virginia $2,000, and West Vir
Other states which have such
legislation are as follews: Arkansas,
Colorado, Kentucky, Minnesota,
Missouri, Montana, Nevada, New
Hampshire, New Jersey, Pennsyl
vania, South Carolina, Vermont,
Homestead exemptions continue
exempt after the death of the head
of the family iu Michigan, North
Carolina, Tennessee, Arkansas,
West Virginia, Alabama and
Coming to our own statutes of
Hawaii, we find that the Civil Code
of 1859, under which we are gov
erned to this day, had no exemption
of real property as it was enacted.
Section 1035, referred to a house-
Keeper navlng a tamtly, and ex
empted furniture of the household.
In 1870 this was amended by add
ing an exemption of a homestead of
half an acre where family produce
is cultivated and "a house lot not
to exceed one-quarter of an acre
and the dwelling house and other
buildings thereon situated, pro
vided the value thereof does not
exceed two hundred and fifty dol
lar." The exemption docs not
apply to laborers' and mechanics'
liens for building the house. In
1901, Act 9, was n more elaborate
law than the old one exempting
personal effects of the family from
forced sale. This repeals the part
of the old statute referiing to the
household furniture, etc., by gen-
cral reference only. In nil prob
ability a court would hold that the
remaining portion just referred to
is still iu fotcc. But it is a lame
statute to rely on.
Would the citizens and house
holders of this Territory be content
with such an absurd exemption, if
their attention is called to it? What
householder among us docs not
wish to have the protection of the
law of homestead exemptions for a
greater sum than $250. The law
was made years ago, but now we
arc no longer living in grass huts.
We at least want the shelter of a
home that is suited to the station
in life of an industrious American,
and to have our families protected
to that extent. It seems to me that
it is not too much to ask to require
protection for the home to the ex
tent of at least $3,000 or $5,000.
This would give a home that
would be worth $35 a month as
rental, a sum which is modest
enough for any family.
To fulfil the purpose of home
stead exemption completely, states
have legislated with various degrees
of detail. The Hawaiian statutes
are the most meagre of any I have
To carry out the purpose of
homestead exemption completely
and at the same time prevent peo
ple from imposing on their creditors
has been the object of such legisla
tion. A bill should contain a pro
vision allowing a person to declare
a homestead on any interest in
land, even a possession under claim
of title, so that the fullest protec
tion be given. The head of a
family should be carefully defined
to include others than the husband
when he is dead.
Full power should be granted for
mortgaging the homestead with the
consent of both husband and wife,
for mortgaging without restraint
before a homestead is expressly de
clared. This latter precaution frees
the lender from an onerous duty of
knowing whether a house is a
homestead before he knows the
form of the mortgage to require.
Full - protection should be gften
by lien to parties performing labor
or furnishing materials to the home.
The power should be given to
the parties to abandon the home
stead by declaration, but also the
statutes should contain a provision
whereby a person having abandon
ed the homestead cannot thereafter
claim the protection against a cred
itor who shows that the property is
being used for profit only. The
person declaring the homestead
should be required to record a state
ment on oath that the property is
worth less than the exemption, that
he is using the premises as a home
stead, and a description of the
premises sufficiently certain to
In addition to these protections
the creditors should be protected
by detailed procedure for subjecting
that part of a homestead worth
more than the exemption to the
payment of debts. This procedure
should include the opinion of ap
praisers as to the value, the possi
bility of dividing the property and
setting off the homestead to the
family, or the necessity of selling
the property and giving to the
creditor the excess of the exemp
tion. An important detail, however,
must be added to our legislation,
allowing the claimant to include a
separate taro patch with his home,
With a bill embodying these re
quirements no injustice would be
done to either the creditor or the
homestead claimant, and I hope
that the coming legislature will
deem it wise to enact such legislation.
Wc have opcucd a choice lot, such ns :
Carved Swiss Woodwork ,
Italian Statuettes, Busts, Vases;" etc.
German Music Boxes
" Steins "
Bronze Goods .
Japanese Fancy Goods
Satsuma Ware, Vases, Cloisonne Ware
A new shipment of thefavorites of Hilo
smokers just to hand :
" La Planta
" El Belmont " Needles, Perfectos, etc.
Call on us and inspect them.
H. Hack M.I & Co.
Waianuenue Street, Hilo.
4444444444 44 44tl4t44444
SPECIAL ATTENTION IS CALLED TO! THE FACT THAT
Is that which has been manufactured for the past fifteen
years exclusively by the
California Fertilizer Works
SAN FRANCISCO, OAL.
Whcu purchasing be sure that in addition to the brand
the name of the California Fertilizer Works is on every
sack, otherwise you will not be getting the genuine article.
A large stock of our Diamond A and our
XX HIGH-CRADE FERTILIZER .
Is kept constantly on hand and for sale at San Francisco
prices, plus only freight and actual expenses,
By Our Hilo Agents,
L. TURNER CO.
Hilo Electric Light Co., Ltd.
Houses Wired and
In accordance with the rules of the Na
tional Board of Fire Underwriters.
A complete stock of
Fixtures, Shades, Table, Bed and Desk
Lamps, etc., always on hand.
Fan Motors . . . $15
Fan Motors, swivel frame 8
Sowing Machine Motor 20
Power for operating them fr a mouth
Installation charged extra.
Estimates furnished on all classes of
Electrical Work and Contracts taken to
install apparatus complete.
Farming on gigantic scale is to
be carried on by the Boer colony in
Santa Rosalia, Mexico, which
has recently obtained possession
of 80,000 acres of land in Chihua
PAY FOR THE BEST
AND THAT'S THE CLASS OF WORK
FRONT ST., OP. SPRECKEL'S BLOCK
HILO MARKET CO.,
Telephone No. 39.
Bridgb St. - H11.0, H. I
Front St., Hilo, H. I.
Choice Cuts of
POULTRY of all Kinds
FRESH ISLAND BUTTER
NoTiCK Neither the Masters nor
Atent of vessels of the "Matson Line"
will he responsible for nny debts con
tracted by the crew. R. t. GUARD,
Hilo, April 16, 1901 34