Newspaper Page Text
ji "t'T "f ' I ' ' '''U.lilL.WllWW.U.UMllW.llM.IMlJlllMiluUIIl Ili .WHWIlMijnilW.MIlH Ml.l. IIIIIW.IWIWWIltH'IUM" .l.,.,,,,, . -TIJ'1 H 'IWWIIU-1 WWWWHfJ' lll'WM '.H.NIWfn ,
A Few Jloro
Ladies' 6-Bulton Kid Gloves
ror si.oo. At
The Arcade EGAN & CO.
A Vluo Iiino of
If you want n
Ladies' & Misses' Shoes,
Fine Hat or Necktie,
The Aroade-EGAN & CO.
Jo to XiOOk nt the Flno Lluo of fH
Th8Arcad,cfiAM&C0- Dress,?00ds' TEMPLE OF FASHION' 1
Pull Dress White Vests. The Amde-EGAN & CO. ' """ hwmwh . .m
4;' J .
a tig jjftttTIitfttt
i April (1
Stmr O It UUlicip fioin around Onlnt
Siwi" Wuhntuinlu from Wnluiniialo
Sphr Ko A" ?oi ftom Hawaii
Whaling bk Tilton from Kew Bedford
Schr Canute for Kahulul atul Ktiuu
. VESSELS LEAVING TO-MORROW.
Stmr Iwalanl forLahalna imtl llamakua
nt 8 a in
Stmr 0 It UlMiop for L.ihalna at 3 p in
CARGOES F8QM ISLAND PORTS.
Uishop 544 bags sugar, BOG bags 1 ice,
UD rice bran anil 182 bags bonc.
i i .......i i
LOCAL & GENERALMEWS.
Messhh. Walker & Itcdwnid have
a card in to-day's ibsuc.
Cottaoe to let within live minutes
walk of Post Oflicc. Soo advoitiso
Mn. It. Cay foul is not leaving the
country as ropoi ted, and has no in
tention of doing bo.
Tim new luiioh room opposite
Queen Emma Hall, will be opened
The mouey older department of
tho Post OHice will bo open until -1
p. m. to-inoriow.
Tickets for the opening of the new
oigan to-nioirow aio on sale at A. L.
Smith's store Fort Bticet.
A hoy's coat has been lost. Tho
fmdor will be suitably rewarded by
leaving tho same at this oll'ico"
Die giobsto Ausw.ihl von feinen
Silber Waaren fur Ilochzeits Iese
heuko zum Vorkauf bei M. Mclncrny.
The mormons at Laic began feast.
Hlg IU U W11U Ylll Wlllllllli; IU-UIU1
rnw mid Snndav ill
some religious events.
Gentlemen about purchasing wed
ding presents will find a fine as
sortment of Solid Silver Ware at
the store of M. Molnorny.
A small stem winding silver watch
with a small gold chain has been
lost. The finder will be suitably re
warded by leaving the same at this
Mr. and Mrs. Carson of Coleiaino,
Ireland, (tho town celebrated for
lovely Kitty and the bioken pitchei),
are stopping at the Hawaiian Hotel,
and purpose visiting the Volcano.
Mr. and Mrs. Z. T. Davis were tho
only passengers booked to leave for
SanFrancisco by the S.S.Zealandia.up
to noon to-day, while over GO were
booked to go by tho S. S. Austialia.
Mr. Jas. F. Morgan will sell tho
household furuituie, etc., of W. G.
Ashley, on Thursday, April 12. The
furnituro has been removed to the
Mutual Telephone Co.'s building, for
convenience df sale.
During the lecent bli.zard, while
one of the Boston express trains was
stalled for two days, the 200 passen
gers found entertainments in listen
ing to travellers' tales of the wondeis
of tho Orient. Mr. George S. Ohaso
gave a very interesting account of
"Queen Kapiolani and Her Pcoilc."
Municipal Government for Hono
lulu, was the subject discussed by
the Debating Club last night. Mr.
Harry Uyng took tho stand that it
would be a good thing, and Mr. G,
A. Neth aigued on the other side.
Several members took paitin the de
bate, some holding to one, side and
some to the other.
The "paiadiso of tho Pacific" will
he published to-morrow, to go abioad
by tho Zealandia and the Australia.
Tho number will bo an uncommonly
good one. Special demand has been
mado for it, and two thousand extra
copies will bo printed if thoso who
are benefited by tourist tiavel will
kindly contiibuto towards defraying
tho extra expanse.
EVENTS THIS EVENING.
Religious services nt St. Andiow's
Cathedral, at 8:80 o'clock.
Co. D Honolulu Rifles drill at
Baseball match between a team
from the American men-of-war and
the Ilonoluhis, nt Makiki, beginning
at 3 o'clock p. m.
Blue Ribbon entertainment at the
Y. M. C. A. hall, at 7:30.
AUCTION SALES TO-MORROW.
The stalls of the Honolulu market,
at the front entrance of Government
house, at 12 o'clock noon.
Art and fane' goods, at G. W,
Maofarlano & Co.'s, in tho evening,
A COUCH REMEDY.'
ONLY TWKNYTIVK CENTS l'Ett l'OUNI).
Irritated tluoats and annoying
coughs aio quickly relieved by tho
genuine Butter Scotch, only to bo
found at the Pioneer Steam Candy
Factory of F, Horn. Plenty of testi
JOB PRINTING o! all kinds exe.
cuted ut tho Daily Buluctim Office
A telcphono message- from Knha
lmi rice mill, on this island, says
rain is coining down there in tor
rents and is Hooding the place. The
damage to the ilce, it is feared, will
be great, but could not
at the time of the
message, 2:15 o'clock p. in. The
schooner Mlllu Mollis was there
loading. No indications of the rnin
BLUE RIBBON LEAGUE.
The usual Saturday evening enter
tainment will be given in the Y. M.
C. A. Hall at 7:30 o'clock to-morrow
evening. Tho public are cordi
ally invited. The following is the
Mr. V. Goodcll
Mts M. Lilshmnti
Mr. J. Kcola
Mr. J. Goodcll
..Miss .W.li. Spooner
.Miss M. C. Ueekwlth
....Rev. H. i:. RNhop
A BIRTHDAY CELEBRATION.
Last evening someone telephoned
to the "Gazette" oillec that a
woman had been stabbed and the
"Gazette" telephoned to the Mar
shal. The Marshal and Captain
Larson immediately went to the
houso where the stabbing affray was
supposed to have taken place, and
on their arrival there found the
woman said to have been stabbed,
seated in a chair, intoxicated, but
not the least bit hurt. The man
reported to have done the stabbing
had decamped, but was afterwards
caught, lie was let go however,
thcio being no evidence of any crime,
more than making a little noise in
celebrating a birthday anniversary.
FROM THE JUNIATA.
From a letter received from an
officer of the U. S. S. Juniata, the
following notes are taken:
Sixty-seven days at sea is bad
enough, but when it becomes 79
days, subsisting mostly on salt
junk, it becomes dcuccdly monot
onous. AVe were 27 days trj'ing to reach
Midway Island, and after losing
nearly all sails, gave it up.
Since our arrival at Yokohama on
the 19th of March, wo have been
spending all our time in eating fresh
The cadets of the Juniata, who go
to Washington to stand examina
tion for promotion, wanted to get
away on the Gaelic, but will have to
wait until April 3rd.
We are all well. The boys are
yet gossippitig about the giddy girls
of Honolulu, and many secrets arc
An open air Band Conceit, com
plimentary to otllcers of the United
States Navy who arc about to leave,
was given at the Hawaiian Hotel
last evening. A varied and appro
priate programme was executed in
that inimitable manner for which
our band has a reputation that ex
tends beyond our own little country.
Departing officers and officers whom
their many local friends are glad to
know will remain yet a while longer,
from the several warships in port,
were there to listen to and enjoy the
enchanting music, and with them
was a large company of Honolulu's
citizens, of both sexes. Mr. Gra
ham, manager of the Hotel, had
made every preparation for tho ac
commodation and comfort of the
guests. The colored lantern orna
mentation of tho building gave beau
ty to the scene, and the mellow glow
of the incandescent electric light
dispersed among the trees and shrub
bery of tho grounds sufficiently com
pensated for tho absence of the
moon. When the national anthem
signaled the termination of the mu
sic, the assembly seemed loth to
The following passengers arc
booked to leave for San Francisco by
tho S. S. -Australia next Monday at
S. Cohn, W. Wolters, J. T. Mc
Millan, G-. V. Cooper, S. B. Win
ram, II. K. Iliucs, Julian Monsarrat,
Capt. Cluney, F. F. Poiter, Dr. Bai
le3', Mrs. Levey and 3 children,
Mrs. Giffard ahd child, Miss. Fitz
bimmons, Win. Driver, Mrs. Wiard,
Mrs. II. Cooloy, Mrs. W. G. Ashley
and child, Miss Ellen Torbert, T. S.
Kay, Mr. Adelsdorfcr, Bishop Willis
and wife, W, II. Purvis, Geo. Brown
and wife, Mrs. Dr. Rodger, J. A.
Wood and wife, W. F. Smith, J. S.
Perry and wifo, Mrs. L. A. Shutc,
Mrs. M. G. Pinkerton, Lord Dal
rymple, A. Warner and wifo, II.
Luddington, A. G. Cabell, W. P.
Morris and wifo, Mrs. Ahlborn and
child, A. Dottcrer, Z. T. Moore,
Frank Green, wife and 2 children,
T. A. Burncs, J. W. Mister, Capt
II. Howison, Mies Mary Alexander,
Mis. A. A. Brown and Jas Camp
bell and family.
Judgo McCully's residence at Pa
waa was gay with torches and lan
terns last evening, illuminating tho
grounds. The rooms had been trans
formed into bowers of greenery,
Tho Arcade-EGAW & CO.
ferns, palms, and grasses, covering
the wnlls, brightened with colored
lights and Japanese faiiB and um
brellas. The piano seemed one bed
of roses, and the alcove with its
beautiful statue of the "Pompeian
Girl" was paitially screened by what
seemed a shower of white and frag
rant (lowers. Very seldom has a
plcasanter company assembled in
Honolulu, than that gathered to wit
ness the marriage ceremonies uniting
in wedlock Prof. Van Slyko and
Mrs. Hanford, both well known in
this community from their conncc
tion with Oahu College, the one as
Professor of Chemistry, and the
other as the popular and accom
plished teacher of music. Rev. Dr.
Bcckwith olliciatcd, assisted by Rev.
Dr. Hyde. The wedding guests,
attested by their number ami warmth
of congratulation, as well as by the
display of tasteful and valuable
presents, the kindly feeling enter
tained for the wedded pair, . whoso
friends can have no better wisli for
them than that their married life
may be always as pleasant as the
evening of their marriage.
COAL IS HIGH
And scarce, haul wood sawed into
Btove length. For salo in quantity
to suit at low prices by T. J. King,
at the Union Feed Co., Queen Sticct.
SUPREME COURT APRIL TERM.
DOLE, J., l'UESIDINO.
Thursday, April oth.
Collector of Customs ys. Yv. S.
The Attorney-General for plain
tiff ; A. S. llartwell, F. M. Hatch,
and W. A. Whiting for defendant.
Mr. llartwell presented tho de
fendant's points on demurrer as
1. Tbe Statute peremptorily re
quires that "there shall always be
annexed to tho petition a literal
copy of the voucher upon which it
is predicated, (if any there be)."
Sec. 1102 Civil Code.
The plaintiff's bill of particulars
refers to "orders on file," as the
basis for each item therein charged.
Those orders or literal copies arc
required, in order that the defend
ant may be fully apprised of the
nature of the chaiges, and that his
counsel mar be able to advise con
cerning his rights of defence. The
failure to attach a copy of a vouch
er as required by Statute is ground
for demurrer. Shawmut Mut. Fire
Ins. Co. vs. Stevens, 9 Allen 332.
2. The only fact alleged in the
declaration is, that "the said de
fendant withdrew and received
from tho Custom House in said
Honolulu, without the payment of
the duty thereon, tho several
amounts of liquor mentioned and
referred to in said bill of particu
lars, which said liquor had before
its said withdrawal and receipt by
said defendant been imported and
introduced into this kingdom from
abroad." The other averments arc
not traversable, being merely con
clusions of law sought to be based,
as all matter of law must rest on
.such facts as are pleaded. If the
traversable facts authorize no such
conclusions of law, the declaration
is bad, and must be demurred to.
The averments that tho moneys
here claimed were, "by law collect
able and payable and due from said
defendant as duty upon and in re
spect of said several amounts of
liquor," and that they "should have
been paid or secured by said de
fendant to the Collector-General of
Customs upon tho respective dates
when said amounts of liquor in re
spect of which thoy respectively
became due were so withdrawn and
received as aforesaid," aro conclu
sions of law which cannot rest on or
be inferred from the fact set forth,
viz. : The defendant's withdrawing
and receiving from the Custom
House, without tho payment of
duties thereon, the said impoited
There is not even an averment
that the duties on thoso liquors had
not then, or have not since been
paiu emier y mo clclcnclant, or
someone else, as for instance the
Thero is no averment that these
liquors were so withdrawn or re
ceived by the defendant for his own
account, or to his own use. Such a
declaration us this would be against
any agent acting for another, or
against any drayman or olork taking
out goods from the Custom House,
or against an importer who had
given a duty bond.
There is no duty on liquor which
is all that the deflation mentions.
Duties on "spirituous" or
menlcd liquors" or brandy,
rum, etc., arc imposed. But this
cliargo would lio against taking water
or any other fluid liquor fiom the
Custom House. To say that liquor
is dutiable docs not make it so. Tho
fuels must be averred, to vhieh the
Thero is no aveiment negativing
the'exceptions in the Statuto, which
provides that no import duties shall
bo levied upon goods imported
for naval stores or supplies, for for
eign diplomatic representatives, for
the King or Queen, or for tho use
of tho Government. 1 Ch. PI. 217,
8 Term 597.
If such traversable and essential
facta were averred,defcndant's coun-
sol could then advise whether
plead to them or not.
No verdict or 'judgment for the
plaintiff could bu sustained on this
3. The declaration falls to show
any right of action in the plaintiff as
Collector-General of Customs. The
Statute which imposes duties on
imported goods provides tho means
for securing payment thereon, if
thoy arc allowed to be landed and
placed in tho charga of the Custom
House officials without payment
of duty, by a bond securing
such duty, and for
bond. Sects. 518,
There also is a
lien on dutiable
for payment of
be enforced by
duties which can
rcm. in sucn case ine remedy
pointed out by Statute is tho only
remedy which can be pursued. 1
Ch. PI. 1G1 n. (m).
This is uot the case of an obliga
tion to pay duties created by Statute
and resting upon the importer, in
which case an action or information
of debt lies against such importer in
the name of the King, or perhaps of
the Hawaiian Government.
This is an action of assumpsit
brought by tho Collector-General of
Customs without Statutory author
ity, and when other Statutory reme
dies arc provided for proceedings
by such Collector to secure or ob
He was a bold hiau, 6oruc one has
said, who first devised the action of
indebitatus assumpsit. He would
be a bolder man who relics on the
fiction of an implied promise when
no statute or contract creates tho
obligation, and when the mere with
drawal and acceptance of the goods
(in this case) authorizes no such im
plication of legal liabilitj'.
The Statute creates no liability
for 'payment of duties by any and
every person who withdraws from
the Custom House and accepts im
ported goods without payment of
duties thereon, nor is there any
such common law obligation or lia
bility, on which an implied promise
can rest, and as a necessary infer
ence, the Statute docs not authorize
the Collector-General of Customs to
sue such person for such duties.
It is a fixed rule and principle
that no Government officer can
bring suit except by express Statu
tory authority. The Collector-General
of Customs may bring certain
suits as provided in the Statute, but
this is not such a case
The fact that he brings this suit
"in behalf of the Hawaiian Govern
ment" does not change the rule,
lie has no authority so to do, and
the use of that form of words does
not make this a suit by the Ha
waiian Government. Ronton vs.
Woolscy, 2 Pet. 27. U. S. vs. Am.
Bell Tel. Co. 32 Fed. Rep. 591.
Atty. Gen. vs. Ramford Chemical
Works, H. C08.
On the wliolo there is no cause of
action shown, and no authority ex
ists for bringing this action. It is
not brought under Section GG0 of
the Civil Code for a violation of
somo provision in the revenue laws,
no such violation is here charged.
The Attorney-General, for the
plaintiff, took up and answered the
points of Mr. Ilartwell's argument.
He said that the counsel for the
defense had succeeded in establish
ing the fact, that this was a personal
siiith but the statute provides that
the Collector-General can bring suit
in his own name, against any one
for violation of the revenue laws.
If the revenue laws have been
violated it is the express duty of the
Collector-General to bring suit
cither in assumpsit or for debt.
We do not declare on a bond, but
on a promise. Wo have set forth
that in consideration of the with
drawal of cortaiu liquors from the
Custom House, the defendant pro
mised to pay the duties. Wo have
also stated that these goods were
imported into this kingdom, and
that such goods were subject to
In regard to tho assertion of op
posite counsel that this suit should
bo brought for debt, and not for as
sumpsit, wo would say that duties
aro uot a personal charge, and con
sequently arc not a debt. (Here
authorities were cited on the defini
tion of debt and assumpsit.) Ac
tion for debt can he brought against
one who has incurred an obligation
and fails to meet it, and assumpsit
can be bi ought against one who pro
mises to pay. Therefore ho sub
mitted that the declaration was cor
rect, and the defendant was respon
sible for the payment of the duties.
The Government should not be
restricted or handicapped in the
collection of its dues, any more
than a private individual.
Our right of procedure is the
same as in other countries, and if
tho counsel can show any statute
that limits us in this action' ho is at
liberty to do so. But I suhtpit that
wo have a right to bring the suit
under the common law, and should
not be handicapped. I also submit
that the action of assumpsit is prop
erly brought. Wo do not state that
the defendant is tho djrect importer
of tho goods, but thai ho received
them from tho Custom House under
tho piomiso to pay the duties, and
that we are nt liberty to bring this
action under any common law that
is adequate. Wo nrguo that as
these goods have been withdrawn
from tho Custom House without the
payment of duties that wo have tlio
right of an action for assumpsit un
der the common law. If a second
or third party obtains dutiable
goods from the Custom House, upon
the order of another, and before the
goods are withdrawn promises to
pay tho duties, then we have an ac
tion for assumpsit.
I agree with opposite counsel that
debt could have been maintained.
I also asscit that assumpsit can bo
maintained, nnd being left to our
common law remedy, wo shall not
be restricted to one, but can
use any to sustain our case.
Another point raised by the coun
sel is that the complaint docs not
stale that those goods were not im
ported as naval stores, or for those
who l3' law are allowed to import
such good3 duty free. We havo set
forth in our declaration a prima fa
ciae case, and unless overburdened
by proof, must be decided in our
favor. Wc show that defendant
withdrew from the Custom House
ccitain dutiable goods, upon tho
promise to pay the duties, and we
ask the Court to overrule the de
murrer. Mr. llartwell in response said
that ho had but a fow words to say.
He referred tho Court to the
grounds he had taken and the au
thorities cited, and said that the de
claration could not stand as a spe
cial assumpsit. There are two
kinds of debts, one arises from sta
tutory obligations, and another from
express agreement, and it remained
witli tho Court whether or not to
sustain the demurrer.
The Couit then took recess until
The Court resumed at 2 i m.,
when Mr. Paul Neumann opened the
argument on demurrer in tho case of
the Collector-General of Customs
vs. G. W. Macfarlane & Co. This
was an action to recover certain
duties on goods taken from the
Custom House by tho defendant dur
ing the year 188G.
Mr. Neumann said that actions
like these must be brought within
six months. You, will find in the
bill of particulars that nothing was
drawn from the Custom House by
the defendants within the last two
years, consequently there is no cause
of action. Your Honor will find
that the statute is so worded that
the plaintiff is in a dilemma, for it
says that action must be brought
within six months, or if the plain
tiff asserts that he did not know
of tho withdrawal of these goods
until within six months ago, then it
must be so stated in the declara
tion. (To bo Continued.)
MESSRS. DODD & MILLER
havo just reuoived ex Australia
another lot of 'hat "PHILADELPHIA
LAGER BEER" in kegs, which they
are offering to their customers. 907 lw
HE DAILY BULLETIN-Tho
most popular p-ipur published.
TAHITI LEMONADE STEAM
-a- WUKKS, SUNNY SOUTH.
Tho value of mockrn mnchinery as pro
ducmg a superior article, together with
scrupulous attention to all details, is
attested by largely increased consump
tion of Aerated Walcis manufaeluied
by tho undersigned. J. E. lirown,
Depnt 28 Merchant street. 007 lw
i- PER iu
the Kingdom "Teh
CO cents per month.
RYAN'S BOAT BUILDING
SHOP. Rear of Lucas.' Mill.
THE BEST PAPER to subscribe
for Is the "Liily Bulletin." CO
ecnts per month.
l?INEST BRANDS OF CALI
X' forma Port, Madeii a and Malaga,
for sale in kegs and cases by
QONSALVEd As CO.,
01 Queen strcot.
CLEAN RAGS and second baud
clothing will bo gratefully rtcclv.
cd foi; the uso of tliu limiHtei of the
Brunch lloipilnl for I-qiers at Kul;au!:o,
or at tho Leper tStttlnicnt on MoloUui,
If left with J. T. Wiilerhousc, jr., at tho
Queen Street Store. t&f tf
at the Fish Market.
COTTAGES TO LET.
TWO COTTAGES fully
JL appointed, bcuutlfiilly
located, within 5 minutes'
walk of ihq Post Oflicc. Anoppoitu.
nlty buldom offered to secure a comfort,
able homo within cuty reach of the
business pnrt of tho city. For pirtl.
culars inquire at
001 tf GULIOK'S AGENCY.
COTTAGE TO LET ON '
BEKETANJ A ST.
LTWLT.N Pllkol and Kee.
numokii street;, lot runs
oiiuh to kiiir.ii stnet, 100
feet frontage. Gcol pastuiajjc. Cottigo
contains ft rooms, carriage houso ami
ttables for a or 4 horsc3. Beat $'.'0 per
mouth, Apply to
J. E. UUOYVN & CO.,
(4 tf "B Merchant street,
THE WORKINGMAN'S PAPER
i "The Daily Bullettu." 30 cents
63 & 65 FORT STREET. &n
By the Steamer Australia, due here on
April 3rd, Mr. Ehrlich will return to Hono
lulu, with .a large and varied stock of Dry
Goods, Ladies' and Gent's furnishing goods
Part of these goods have been imported
direct from ISTew York, where they were
manufactured expressly for this market.
Tho entire lot of these goods will be of
fered at prices which will prove highly
satisfactory to everyone.
"Wo will take great pleasure hi showing
these goods to the public.
83 & 65 Fort street.
08 Opposite Irwin & Co.
All kinds of Brackets, at
G. WEST & CO.'S. '
A large assortment of
G. WESTJb CO.'S.
Crockery, Glassware and Jelly Glasses, at
G. WEST & CO.'S.
Oil Paintings, Engravings, Allotypes and jTew Chromos, at
G. WESTJB CO.'S.
Brackets, Easels, Mirrors and Frames, at
Bedroom Furniture, Book Cases, Desks, Meat Safes and
Doll Carriages, Boy's
Wheel Barrows, at
G. WEST & CO.'S.
Combs, Brushes, Fans and Dolls, at
G. WEST & CO.'S.
Violins, Banjos, &c, &c, at -
G. WEST& CO.'S.
Guitar, Ariolin, Banjo, Zither and Piano Strings, at
G. WEST & GOVS.
Picture Frames, Cornices and Mattrasscs made to order, at
G. WEST & CO.'S.
Pianoa and all kinds of Musical Tnstrumenta Tuned and
G. WEST & CO.'S.
Canary Birds, warranted Singers, at
G. WEST & CO.'S, 105 Fort Street,
II AS JUST
Dupeo Hams & liacon, Kits Salmon Hollies, Kits Mackerel, Kegs
lJcof, Kegs Poik, Smoked Halibut, Kxtra Select Oysters, Salmon,
Cranberry Sauce, Boston Brown Bread, Tabic Fruits, Gcrinca,
UuclthiH & Franco American Feed Co.'m AHxortM Soups,
BidgcH Food, Imperial Gr'anum, Boiled Oats, Breakfast Food,
Gem, Graham ASrafera, Oaten Wafors, Snow Flako & Cream
Crackers, Ginger Wafers, Chocolate WafcrH, Pretzels, Prunes,
Dates, Nuts, Apples, French Peas, Pop Corn, Garden Seeds,
Wheat, Flour, Butter, Houoy, Plum Pudding, etc., etc., etc.
And a General Assor't of Staple & Fancy Groceries, at Prices to Suit the Times,
Br Leave your orders, or ring up 119. -a
Carts and Small
Aceordeons, Drums, Flutes,
vV1" , , ;
. A. a