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iMJtiY BULLETIN" WEEKLY
SUMMATiY : HONOLULU,
U. I., SEPTEMBER, 25, .1888.
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THE AKI CLAIM !
Mr. Justice
His
Pre ,lun Delivers
Dei sion.
In Till: sriMiUMi: counr 01 Tim ha
W'AtlAM ISLAKtlS IK 1.QMTY.
miKoiti: i'1'.r.STON .t.
A. II. Loo Ngawk ami Tong
Chong Soy, Executors of llio will of
T. Aki, deceased, vs. Alexander J.
Cartwright, Stimuli! M. Damon anil
Curtis P. laukea.
JJccixion,
The l)ill stales tliat on the ."lh of
November, 18.S7, His Majesty being
indebted to the complainants in tbe
sum of seventy-one thousand dollars
for moneys theretofore had and re
eived to the use of said Aki did by
and with the advice and consent of
Ids entire Cabinet agree with com
plainants that in consideration that
complainants would bring no'pro
cecdings and cause no petitions or
bills to be introduced into the Ha
waiian Legislature, in the premises,
all the estate of His Majesty with
certain exceptions, and all the
Crown Iind Kevenuus should be as
signed to Samuel M. Damon, Curtis
P. laukea and Joseph (). Carter in
trust for payment ot said moneys to
complainants and that the Commis
sioners of Crown Lands being so re
quested and authorized by His Maj
esty agreed thereto in respect of the
assignment ot the Crown Lauds Re
venues. That in order to avoid all un
necessary publicity concerning said
indebtedness to complainants, and
also as a matter of justice to such
other persons as then had claims
against the estate of His Majesty, it
was also agreed between complain
ants and His Majesty and His Maj
esty's entire Cabinet and the Crown
Lands Commissioners that the pro
ceeds of such trust property should
also be applied vo rata to payment
of such other claims as aforesaid.
That the sole cause and purpose of
creating such trust was clearly and
mutually agreed by and between all
the parties therein concerned as
aforesaid to be that the said indebt
edness to complainants should be
paid pro ratu out of the proceeds of
the property so to be assigned in
trust as aforesaid and that thereby
all publicity and all proceed
ings concerning said indebt
edness should be avoided. That a
deed of trust was on the 21st day of
November executed and delivered
by His Majesty and by the Crown
Lands Commissioners to said Sam
uel M. Damon, Joseph O. Carter
and C. P. laukea as trustees for the
uses, trusts and purposes above
mentioned and said trustees acccpt
. ed said trust and took possession of
the trust premises thereby assigned
to them and were then acting as
such trustees with the exception of
said Carter who had since
resigned as such trustee and that
said defendant Cartwright had been
substituted and that said defendants
were then the actual trustees under
said deed of trust. That said ori
ginal trustees and also said now
trustee accepted said trust, and took
possession of the premises thereby
conveyed with lull knowledge of all
and singular the matters before stat
ed and p H forth and consented and
agreed at and immediately before
llic execution of said trust deed to
the payment of complainants said
claim as one of the then existing
debts of His Majesty out of such
trust moneys as should thereafter
come to their hands and be availa
ble for that purpose. That within
three months after said 21st day of
November complainants presented
to the defendants in writing their
said claim for said sum of S7 1,000,
with interest thereon and requested
the defendants to approve the same
in writing and to apply such mon
ies in their hands as should then or
thereafter be available in their
bands for payment of His Majesty's
debts to the payment of complain
ant's said claim pro rata with the
payment of such other debts of His
Majesty as should be payable out of
,. said moneys. But that the defend
anV3 absolutely refused to approve
said claim or comply with said re
quest, or to pay the same or any
part thereof and holly rejectetl
and disapproved said claim. And
the complainants submit that such
refusal of the defendants is a breach
of the trust created by said deed
and is a fraud upon the complain
ants and they submit that tljc de
fendants ought to be compelled to
approve said eluim and to pay the
same pro rata with other debts of
His Majesty the payment whereof is
in said deed of ti list directed.
The complainants by their bill as
amended pray for a decree that the
defendants do approve said claim
and pay the same prorata with
other debts of His Majesty the pay
ment whereof is in said deed of trust
directed and as alternative relief
that their claim of S71 000 bo estab
lished by the Court, and that the
defendants be directed to pay the
same pro raid, etc.
The defendants, by their answer
as amended admit the execution of
the deed of trust but deny that said
deed was intended for or was upon
the uses anil trusts mimed in the
bill ami aver the truth to be that
Baid deed was given solely for the
benefit of those creditors of tho
grantor whose claims upon examina
tion should appear to the trustees
to be just and whose claims should
bo presented to them within threo
months of the dale of the deed or
allowed by a Court of competent
jurisdiction. They admit the resig
nation of J. O. Caller and the ap
pointment of the defendant Cart
wnght and that tlu lia i accepted
stud trust and tho entry into posses
sion of the assigned piemises and
tho presentation and refusal of the
complainants claim. Tho defend
ants aver that by tho terms of said
deed the allowance or rejection of
all claims against the grantor was
confided to the defendants, that they
have exercised the discretion grant
ed to them and have rejected said
claim because it was not shown to
their satisfaction to be just and cor
rect and that said claim has not been
allowed by any Court of competent
jurisdiction. The defendants also
aver that no just debt is ia from
their grantor to the complainants
and that the sum of money claimed
by the complainants to have been
paid to their grantor if any was so
paid was not paid to the use of the
said Aki. And that the said money
was intended to lie offered and was
offered by the said Aki as a bribe
to gain the influence of the King in
obtaining of the Hawaiian Govern
ment the licence for the sale of
opium and that for said reason com
plainants arc not entitled to any re
lief in a Court of Equity.
In all other respects the defend
ants deny the allegations in the bill.
The cause was heard by me on
the 12th and 13lh insl. and it was
strongly insisted by counsel for the
defendants that the Court could not
and should not entertain the bill on
the ground of the supposed illegal
nature of the original transaction
between Aki and His Majesty.
Many authorities wc cited by thp
defendants' coimsol in support of
the proposition that 'money paid
by one party, in part performance
and in furtherance of a contract in
violation of law or of public policy,
which is capable of execution by the
acts of the parties themselves can
not be recovered back, where both
parties are in f ri delicta."
To this general proposition there
can bo no dissent. But does it ap
ply to this case?
In the first place I cannot con
ceive upon what grounds the de
defendants can ask the Court to in
vestigate or consider the defence of
illegality set up by their answer.
The defence implies, and must be
taken to allege, a corrupt agreement
between His Majesty and Aki.
This seems to me impossible of
proof in any Court of this Kingdom.
See Article 39 of the Constitution,
"The King cannot be sued or held
to account in any Court or Tribun
al of the Kingdom."
It cannot be assumed that the
King could be a party to any illegal
transaction.
It is said this money was "intend
ed to be offered and was offered to
the King as a bribe," but in the eye
oi the law, the King cannot be
bribed, or accept a bribe, or be cap
able of doing a wrong.
I therefore hold that the matter
set up in this pait of the answer
cannot be investigated or consider
ed by me, and on full consideration
f am' satisfied that I ought not to
have allowed the allegation to re
inaiit on tiio record.
If however it is proper for me to
consider this matter, 1 should hold
that this defence cannot avail the
defendants hete, as I think the
plaintiffs can maintain their case
without reference to the alleged il
legal transaction.
This was insisted upon by coun
sel for the plaintiffs who cited many
authorities in support of his conten
tion amongst others.
Gregg v. Wyman 1 Cush 327.
Smith v. Barstow 2 Mich 135,
where the subject is fully considered.
The principle has been recognised
by this Court. (See Ueis v. Wen
dell 5 Haw. 110).
It becomes necessary to consider
how this principle applies to the
case before inc.
The matter is to some extent his
torical. Rumors of existence of a
claim by Aki against His Majesty
had been current for some time and
had been freely commented upon
in the public press.
On the 30th of June, 1887, at a
mass meeting held in Honolulu, and
which culminated in Revolution and
the pioinulgation of a new Constitu
tion, this matter was among others,
taken into consideration and certain
resolutions or demands of which tho
following is one were forwarded to
His Majesty :
"Third. In order, so far as
possible, to remove tho stain now
resting on theTlnone, wo request of
the King that he shall cause immedi
ate restitution to bo made of tho
sum to wit: seventy-one thousand
dollars ($71,000) recently obtained
by him in violation of law and of his
oatli of office, under promise that
persons from whom thu same was
obtained should receive the licenco
to sell opium, as provided by the
statute of the year 1880."
To which His Majesty was pleased
to send the following reply:
"To tho third proposition, Wc ro
ply, that Wo do not admit the truth
of tho matters slated therein, but
will submit the whole subject to Our
irtiw Cabinet and will gladly act ac
cording to their advice and will
cause restitution to be made by tho
parties found responsible."
Fiom the evidence of Mr. Thurs
ton the Minister of the Interior and
of Mr. Ashford the Attorney-General,
it appears that tho Cabinet had
advised His Majesty to make somo
settlement of this claim before the
meeting of the Legislature (which
it seems to me was their duty to
do.) That about tho end of last
October and the beginning of Nov
ember, at a meeting of tho Cabinet,
Ills Majesty admitted thai he had
received this money, but claimed it
was a gilt to him and it was 111 rang
ed llial the levenues from the
Crown land should be appropriated
to the repayment of this money.
The defendant, C. P. laukea, then
His Majesty's Chamberlain and
Private Secretary, endeavored to
raise a utllcient stun by mortgage
of His Majesty's private property,
to satisfy the claim or a part of it,
and applied to the defendant Da
mon who declined and the loan was
not eifecled.
Mr. Thurston testified that the
sole object of tho Cabinet was to
settle this claim, ant! that they
were not interested in obtaining
payment of the debts or claims of
other creditors, but upon receiving
a statement of the amount of the
King's debts from Mr. laukea, they
were so astonished at the amount
that thej' thought it would not be
right to pay this claim in prefer
ence to the others and ultimately
advised His Majesty to make an as
signment in trust for the payment
of all claims pro rata, and the trust
deed before tho Court after" nego
tiation with some of the principal
creditors, as to who should be the
trustees and as to the payment of
this claim was executed, Mr. Castle
assenting to thu arrangement on be
half of Aki.
Mr. Castle testifies that at or
about the time the deed was execut
ed, Ilis Majesty sent for him and
that he met His Majesty at the
Bungalow in the Palace grounds
when Ilis Majesty admitted he had
received the money and was alone
responsible for it.
It is unnecessary for mc to go
through the testimony as to the
reasons why Aid's name was not
mentioned in the deed.
What was the position of all par
tics at the date of the execution of
this deed?
His Majesty owed a large amount
to various creditors neither one of
whom was in a position to enforce
payment.
Aki or his representatives had
also a claim which could not be en
fotced in the Courts, but he had the
solemn pledge of Ilis Majesty, pub
licly made, to cause restitution to
be made, and it is to be presumed
that the Legislature then. in session
would have taken some action in
the matter whereby Aki or his rep
resentatives would have been ena
bled to obtain satisfaction.
By the execution of the deed,
His Majesty's other creditors were
placed in a better position, and the
plaintiffs in a somewhat worse one,
as they had bj' consenting to the
arrangement prevented any action
by tiic Legislature.
It appears to me that under the
ciicuiufctnuces the defendants might
have well been advised to allow this
claim and so have prevented the
matter being again agitated which
all parties wished to avoid.
The de'cd docs not purport to bo
in trust for creditors, generally, the
first and principal trust being in
these words:
"1. The trustees shall leceiveaniV
examine all existing accounts, bills
and claims against tint grantor which
shall within three months fioin the
date of these presents be presented
to them and shall approve in writing
so many and so much claims as
shall appear to them or to a majori
ty of them to be correct and just
and properly certified and shall re
ject all other claims and parts of
claims, and at the end of said three
mouths, shall make a written state
ment or list of all such claims, as
thoy shall have approved as afore
said, to which said list they shall
thereafter add only bitch existing
claims against the grantor as shall
either be authorized by a court of
competent jurisdiction, or be shown
to their satisfaction to be just and
correct."
This seems to me to contemplate
the present claim, and in point of
fact enables claimants to establish
their claims in the Courts which
thoy would not otherwise be able
to do.
The defendants having the discre
tion to approve claims-which should
appear to them to be correct and
just, and it not appearing that they
have exercised such discretion in
an improper manner the complain
ants arc not, (as 1 understood their
counsel to concede on the argument),
entitled to tho relief asked for, ol a
decree ordering the defendants to
approve the claim.
1 am of opinion upon considera
tion ot the evidence and tho facta
that the complainants have estab
lished their right to have this claim
paid pro rata with the other credi
tors of His Majesty, and that a de
cree should issue to the following
effect :
Declare that the complainants'
claim against the defendants for the
sum of 871,000 is established as
just and correct within the meaning
of the deed of trust 111 the bill men
tioned and that the complainants are
entitled to bo paid pro rata with
other approved chums and order the
defendants to pay tho same accord
ingly out of tho moneys which may
come to their hands under the trusts
of the said deed. If the defendants
have paid any dividends on tho
other claims, Ihey are not to pay
any more until tiie complainants
have been paid a dividend equal to
that paid to other complainants.
Tho defendants to pay the complain
ants costs which they may add to
their own and letaiu out of the estate.
A decree will bo signed when pre
sented. KmvAitu PimsTON.
Honolulu, Sept. 21st.
A. S. Hartwcll and W. 11. Casllc
for complainants; F. M. Hatch and
Paul Neumann for defendants.
CALEB GUSHING.
Caleb Ctishing was one of the
great lawyers of the United Stales,
and was a member of congress,
Minister to China, and Atlornuy
Gcneral under President Pierce; lie
was onu of the greatest, if not the
very greatest, linguist in the United
States.
While he Was Attorney-General,
President Pierce gave a statu dinner
at the White House, at which dish
ing and all the other members of the
Cabinet, as well as all the foreign
Ministers were present. Ctishing
conversed at table fluently with
every one of the foreign Ministers
in each Minister's native language,
to the astonishment ol everyone pre
sent. In the days of slavery, whilo
Ctishing was residing and practising
law in Boston, and in the plenitude
of his fame as a lawyer, an aristo
cratic slave holder of the South,
went to Boston, and stopped in one
of the most splendid hotels in that
city, where the table waiters were
all negroes and quandem slaves, who
had lied from their masters. All
these waiters were dressed in un
sullied white linen, and white gloves.
While at table, the preud slave
holder needed a glass of water,
and said to the nearest' waiter, in
slave-holder fashion, "Boy, give me
a glass of water." The waiter
looked at him, and turned away
disdainfully, and said, "You kiss
my foot." The slave aristocrat
then discovered that the waiter was
once ltis slave, aiid had run away
from him. The slave owner got up
quickly, with blood in his eye, seiz
ed a chair, and went for tho waiter.
The waiter just as suddenly seized
another chair and went for his quan
dam master, with no less blood in
his eye ; and what was still worse
for the slave holder? All the other
waiters in tho dining room very
quickly made common cause with
the waiter, and they were too many
and too much for the slave holder.
He was compelled to beat a retreat,
and he went to tho proprietor of the
hotel as quickly as' possible, report
ed the matter, and demanded satis
faction. The proprietor coolly told
him, he could nothing for him, and
that it was a matter solely between
him aud the waiter. This intensi
fied the exasperation of the slave
holder, and lie said if there was any
law by which he could get satisfac
tion he would have it. no matter
what it cost, and asked the propri
etor to give liiui the name of the
best lawyer in Boston. The pro
prietor told him that Caleb dishing
and Rufus Clioate were the best.
lie went straightway to dishing and
related the above facts, said he had
been greatly outraged, and that if
there was any law by which he
could obtain satisfaction lie was de
termined to have the benefit of it.
lie asked Ctishing what he would
charge. Ctishing told him if he
would give him S50 he would ex
amine the law and advise him the
next day. He promptly gave
dishing the 850, and called the
next day, when Gushing told him,
that he had made a partial examina
tion, and found tltat he could not
make a thorough examination, with
out occupying more time than he
fust supposed, and that ho could
not do justice to the case without
an additional retainer of 850. That
was promptly given him, witli the
understanding that Ctishing would
be ready with his opinion the next
day. The man called the next day,
and dishing then told him, "I have
examined the books very fully and
carefully, and cannot find any law
by which you could be compelled to
kiss the negro's foot, and I advise
you not to kiss his foot, unless you
choose to do so." This ended that
case, and the proud Southerner then
and there bottled up his wrath, and
went his way, presumably uttering
curses deep, but not loud, against
the protectors and employers of his
runaway slave, and the absence of
law to punish that slave for daring
to ask him to "kiss his foot."
HE STOLE " EXAMINERS."
Nigel Jackson, son of dipt. G.
E. G. Jackson, was tried for petty
larceny in San Francisco, August
2Dtli. The police caught him steal
ing "Examiners" from doorsteps.
He confessed that he had been in
the habit of stealing the papers and
selling them at tho water front. A
letter was read in Court from the
boy's father, which set forth that
Nigel was a bad boy whom he had
been unable to control, and ho
wanted him punished, He was of
no use at homo. Judge Lawlor or
dered the hoy into the caro of the
Boys and Girls Aid Society.
WASHED OFF THE ROCKS.
Captain Weir of the Iwalani re
ports that on last Saturday a Poitu
guese, while fishing from tho rocks
for shell fish at Kukuihaele, was
washed into thu sea. The captain
and Ins-crow were looking about all
Saturday night and Sunday morn
ing for tho body but without suc
cess. Shortly after noon on Sunday
thoy searched again, aud was just
about to give up, when they saw the
body brought up by a shark. The
crew finally got it away from tho
monster, minus tho left leg.
Late Forta lews.
Per S. S Australia.
The Australia brought dates
September 11th. Following is
to
a
summary:
A.MKUICA.
A Chinese restriction bill, provid
ing for icstriotinn in its broadest
sense, had been passed. This was
prepared by the Administration or
under its auspices, and was hurried
through Congress by the influence
ofPiesulent Cleveland. Tho os
tensible cause of this was a rumor
which readied Washington by cable
from England that the Emperor of
Chiua had refused to sign the now
treaty, but the Republicans declare
it to have been merely a political
move to inllucnce the elections. As
a matter of fact, however, the Em
peror had not signed the treaty up
to the date of the latest cable ad
vices from Pel; in, although he had
not positively decided not to sign
it. The question had been formally
postponed for further consideration.
This cotirso has no doubt been in
duced by the demand of certain
British Colonius that England should
seek to make a treaty with China on
the same lines.
On September 9th, at 1:30 p. m.
a flro started on Main Blreet, be
tween Howard and Mission, San
Francisco, and before it could be
got under control some five hours
later nearly live blocks were con
sumed. Several vessels had a nar
row escape. The buildings burned
were nearly all of wood. The loss
is estimated at close on to 82,000,
000 with scarcely any insurance.
The U. S. revenue cutter Bear ar
rived in San Francisco, September
Gtli, with 100 whalers on board,
rescued from a terrible disaster in
the Arctic, which resulted in the
loss of the winding barks Fleetwing,
Captain II. M. Gifford; Mary and
Susan,' Capt. L. C. Owen; Young
Phtenix, Captain M. V. B. Millard ;
and the schooners Jane Grey, Cap
tain W. II. Kellcy, and Ino, Cap
tain N. Wagner. The vessels were
lost at Point Barrow during a terri
ble gale.
An attempt was made September
7th at St. Louis to rob the grave of
Hugh M. Brooks, alias Maxwell,
who was hanged for the murder of
Preller. Four men were discovered
by the watchman digging in the
grave shortly after midnight, and
had already half accomplished their
task when they were frightened away.
The following day a woman who had
become infatuated with Maxwell
established a special guard at the
grave, paying for it from her own
purse.
A fire broke out in the toy ware
house of Pricer & Co., South Sharp
street, Baltimore, Sept. 2d. An
explosion of fireworks wrecked the
building, and seven firemen were
buried beneath a mass of debris.
The total number of cases of yel
low fever, at Jacksonville, Fla., to
Sept. 10th, was G32 ; total number
of deaths, 78.
Mr. Bowcll, the Canadian Minis
ter of Customs, declares that the
retaliation policy proposed by Cleve
land would greatly stimulate Cana
dian industries and is, in fact, just
what Canada wants.
The will of the late Charles
Crocker was filed August 29th in
San Fiancisco. The document, which
is quite voluminous, is dated May
2, 1887, and disposes of an estate
valued at S25,259,G37.G0. ,
Bcrthold Gieeubaum, ex-Consul
to Samoa, has sued his former em
ployers at Chicago, for 810,000
for
false arrest. lhcy charged
him
with embezzlement and he was
ac-
quitted.
The largest irrigation project in
the United Statos is on foot on the
Mexican and San Diego county
border.
Biitish Columbia proposes to for
tify San Juan Island, in the straits
af Fuca.
Several men were injured by a
railroad collision near Lima, O.,
Aug. 28th.
Thurman had arranged to address
a mass meeting in New York but
when he faced the audience he al
most fainted, and was in the end
obliged to retire It is said that the
chances are that he will be dead be
fore the campaign is over.
Seven persons were injured by an
accident on an electric street-road
at Pittsburg, Aug. 29th.
Thcro was little doubt that Con
gress would adjourn without pass
ing any tariff bill whatever.
KUllOI'KAN.
The London "Standard" of Sept.
2d in a savage leader on the fisheries
question, says : It will be well for
the President aud Government of
the United Slates to remember that
Canadff is a dependency of Great
Britain, and that if tho necessity
should unfortunately arise she has
behind her the guns of English iron
clads, If our American cousins fail
to understand this allusion ; if in
deference to the tone of coarse brut
ality which seems to be a distinguish
ing feature of their domestic politics
they invite us to reply to their in
sults in a strain they will compre
hend, perhaps we may bo allowed to
remind them of tho Trent affair.
The "Standard" further says: "If
we have to deal witli a nation of fill
hustcrcrs let us at least know it.
Wo will tell our American cousins
frankly that we have not advanced
so far toward ideal Christianity that
we are prepared to turn our cheek
to tho transatlantic smitcr.
A dispatch from Cairo, August
30th, says ; Five hundred, dervishes
allackcd an Egyptian fort near
Wady Haifa and captured n poition
of it. Tho Egyptians received 10
cnforcemenls from Wady Haifa and
finally succeeded in driving out lite
dervishes, killing mote than UK) of
them. The ICg.vptian loss was six
teen killed and 27 wounded.
The testamentary notes of the
late Kaiser William, abstracts of
which have just been made public
by the pii'ent Fmperor, although
of merely historic value, have been
scanned with the deepest interest, as
revealing thu light in which ho de
sired to be viewed by posterity.
A dispatch from Afghanistan says
that Ishak Khan has 7000 men at
Taskurgam, and that in a small en
gagement at Maitncna the Ameer's
troops were defeated. Later advices
from Afghanistan say that Ishak
Khan and his followers are advanc
ing on Cabul. Abdurrahman Khan,
the Ameer, is very ill.
It is reported that the French
Embassy is trying to persuade tho
Queen of Patagonia to accept French
protection. Chiefs Mangata and
Ailutaki of neighboring islands are
alarmed, aud, it is reported, have
asked to be annexed to Great
Britain.
The cold wet season of Europe
and accompanying floods have to
gether affected the crop of wheat so
seriously that the piice of this staple
has gone up rapidly much to the ad
vantage of Calif ornian farmers and
still more probably to that of the
few shipowners who have vessels on
hand at or near San Francisco. A
number of vessels that were expect
ed to have arrived at that port witli
coal have been tied up in Australia
and there, is in consequence a scar
city of tonnage, and freights liavo
gone up faster than wheat itself.
Five Englishmen sailed for Zanzi
bar Sept. 5th, on an expedition to
search for Stanley. Lieut. Swayne
of the Britisli Army, is in charge,
and nearly eight" hundred hired
natives arc waiting for the party at
Zanzibar.
Seven old wooden warehouses at
Steinwarde, Hamburg, containing
cotton, rice, sugar, and saltpeter,
valued at 7,000,000 marks, burned
August 29th. Six persons perished
in the flames.
It is reported a company of
French and Russian capitalists have
formed an organization to construct
a canal from the Caspian to the
Black sea. The estimated cost is
40,000,000 rubies.
Advices from Lorenzo Ilarquez, a
Portuguese town in Africa, say a
mutiny has broken out among the
soldiers of the garrison. Mariners
were landed from the war ships to
quell it. Fighting is expected.
An Imperial decree has issued,
ordering the Austrian army to be
increased by fifteen new batteries
of artillery and four new companies
of Bosnian infantry.
At Tarnobrzeg Galicia, Austria,
August 30th, 50 houses were des
troyed by lire, and 200 families are
homeless. The loss is 2,500,000
murks
Sir W. A. White and the Count
of Montebello, English and French
Embassadors, have made a collec
tive demand upon the Porte to sign
the Suez Canal convention.
The German Government has sent
a note to England requesting that a
settlement of the Niger dispute be
hastened.
There are rumors of a split in the
Carlist party in Spain.
It is reported that Princess Cle
mentina of Belgium is to be betroth
ed to the Crown Prince of Italy.
The Sugar Bounties Convention
has finally adjourned.
Phillip Henry Gosse, F. II. S.,
the English naturalist, is dead,
aged 78.
The Queensland Ministry resign
ed, Sept. 4th.
Floods in Bohemia .have reached
alarming proportions. At Budweis
15,000 homeless inhabitants have
taken refuse in the hills. The
Dauubo is rising steadily.
Two express trains collided near
Dijon, France Sept. 5, one from
Marseilles, the other from Turin,
and bothgoingatfull speed. Twelve
persons were killed and many injur
ed. Several died before they could
be rescued from the wreck. The
locomotives and cars were piled up
in a great heap.
The Pope, assisted by Abbot
Pcssut as editor, is writing a history
of Rome in thcMiddle Ages. Par
ticular attention will be paid to the
period of Gregory tho Great.
A cyclone struck the Island of
Cuba near Sagua, and reached Ha
vana about midnight of Sept. 5th.
Several vessels foundered off the
coast, and two sailors wero drown
ed and many persons were injured.
M. Ferry, in a speech Sept 5th,
at Remiremont, admitted that the
next general election would be a
strugglu between the Republic and
and everything anti-Republic, tho
monarchy, empire and dictatorship.
The London "Chroniclo's" Rome
correspondent says" that King Leo
pold has offered the Pope a resi
dence in Belgium in the event of it
being necessary for him to leave
Rome,
In the single-scull race Sept. 4th,
on Lake lveuka, N. Y., distance 3
miles, Teenier came in first, (timo
20 minutes 5 seconds), a length
ahead of Ilamiii; Ten Eyuk five
lengths behind Uamni.
The official liquidator appointed
to wind up tho affairs of the Ameri
can Excliango in London says the
share-holders will probably get
nothing and "tho creditors perhaps
20 cents on tho dollar.
A' fire took place at tho American
House, West Superior, Wisconsin,
Sept. 2nd, in which three lives wero
lost.
Tho will of the late Emperor
Frederick will soon be made public.
It declnrcs that an extension of
popular rights is the strongest,
bound between the nation and the
monarchy.
While Bishop Durausseau was ad
dressing a congregation of 5000 pil
grims at Jnfnet, near Brussels,
Sept. 3d, a tempoiary platform gave
way, and three persons were killed,
and a large number injured. Among
lite latter several were priests.
The Allan Line steamer Prussian,,
from Philadelphia, on her way to
Glasgow, in the Clyde at midnight,
Sept. 7th, collided with and sunk
the Britisli steamer Mending. The
latter was beached.
The Germans have occupied Ak
delar, near the kingdom of Daho
mey, on the coast of Guinea.
The Eastern Extension Telegraph
Company will land their third cable
to Australia, at Roebuck Bay, in
Western Australia.
Thu Emperor AVilliam has offered
to assist in the organization of a
German expedition to the Antarctic
by providing the naval material
necessary for the equipment of tho
expedition.
The Costa Rica congress has rati
fied the concession made in regard
to the construction of the proposed
Nicaragua Ship Canal.
An luronaut named Simmonds,
Aug. 28th, ascended in a balloon
from the Irish Exhibition, London,
and in descending was killed.
Disastrous Hoods have occurred
in Valparaiso. Several hundred
lives have been lost, and property to
the extent of a million dollars has
been destroyed.
Ilcrr Rudolph von Bennigsen has
been appointed Governor of the ex
kingdom of Hanover. The Liberal
party in Germany express surprise
at the announcement, aud are de
lighted at the appointment of Ilerr
Bennigsen as Governor.
Mexjco lias been visited by disas
trous floods.
In a letter Gladstone says:
"Were the sentiments of the pre
sent generation of Irish Protestants
unitedly such as were those their
forefathers held a century ago, all
opposition to home rule in England
would melt away like a morning va
por in the sun."
Pritchard Morgan lias obtained a
concession from the Britisli Crown
to work a tract of fifty-nine square
miles in county Wicklow, Ireland,
for gold. lie believes gold reefs
cross under the channel from Wales.
The Sultan of Zanzibar has sent a
forcu under General Mathews to re
store order at Tanga, and an En
glish gunboat and an English Vice
Consul arc about to go there.
Frederick E. Bcardslee, the elec
trical expert, at one time represen
tative of Edison's electric-lighting
interests in Paris; also, the intro
ducer of the electric light into Mex
ico, committed suicide with poison
at Brooklyn, Sept. 8th. The cause
was financial troubles.
Ilairiet Beeclier Stowe was dan
gerously ill at last accounts.
Ninety-two words a minute for
ten minutes was the average of Miss
M. E. Orr of New York, who took
the gold prize in the type-writing
contest at Toronto, Sept. Gth. She
is thought to bo the fastest writer of
her sex in the world.
COLONIAL NEWS.
(.Zty the Zealandia,')
The Zealandia brought dates from
Sydney, Sept. Gth and Auckland the
10th. Following is a summary:
A very severe earthquake was
felt at 4:10 a. m., on Sept. 1st,
through the south of New Zealand.
At Cincinnati the effects were alarm
ing. Nothing so severe has been
felt since a shock in 18G9. The
earthquake caused great commotion.
People left their houses in numbers,
but returned when they found the
shaking had ceased.
Five distinct shocks were felt in
Christchurch, and extended over
the space of half-an-hour. The
first and fifth were the sharpest.
Special telegrams were received at
Auckland on tho 1st, showing -that
the shock was felt over a very ex
tended arsa.
Tho schooner Colonist was wreck
ed outside tho Heads, Wellington,
N. Z., Sept. 7th. The Captain and
two of the crews were drowned.
Up to the last day in August,
265,000 people had visited the Mel
bourne Exhibition.
The Hicks-Sawyer Colored Min
strels are meeting with big success
in the Colonies.
Seven Chinese, a Japanese and a
young white, are in the Coast Hos
pital, Sydney, nlllicted with leprosj'.
TUB I'KOl'OSKI) I'AOII'IC CAiiu:.
A dispatch from Melbourne dated
Aug. 21th, hays: In order to obtain
an opinion on the Pacific cable ques
tion, Mr, Gillies on Saturday for
warded a circular letter to the diff
erent Austraian Premiers, recapi
tulating the circumstances of the
recent cable interruption, and urg
ing that Australian interests demand
a service not likely to be subject to
stoppages from physical causes, and
that the Pacjfic cable possesses that;
advantage. Tlio measures taken by
the Admiralty for the biirvcy of a
route are rcgared as inadequate.
Mir. Gillies proposes that the colo
nies should join in an appeal to the
Admiralty to place two moro vessels
to assist in tho survey, lie behoves
that a united application, with a
pledge to share the expenses, would
probably be successful.
Y
is,. v.
Aio,
