Newspaper Page Text
IlOHOLtlLU, H. I MA'ROH 1881).
ftVftcrtOvttrryCTrtT?-1' . t -
4 & atwwA2i
VSE.d4MW-JVJfcufct wtlV. . mf m -
to tBuldors of
Notice is beicby yivcti to nil
holders of water privilege tlint owing
to the prolonged drouth, it is neces
sary that eiue bo used in the tie of
If this is done, il will nnl lie neces
sary to riu (nil irrigating privileges,
but if the present excessive use of
water is continued this step will be
Holders of privileges and tho pub
lic generally arc therefore respect
fully reipiehtcd to assist the depart
ment by exeicising economy in the
use of water.
C11AS. B. WILSON,
Supt. Honolulu Water Works.
Honolulu, II. I., Maieb 1, 18S9.
THE BOWLER CHARTER PARTY
Tho Supreme- Court in banco has
sustained tho defendant's demurrer
to the plahitiff'n declaration in the
action of assumpsit by .John V.
Howler against the Hoard of Immi
gration, on the pounds:
1. "Tho written contract annexed
to the declaration shows that Hen
derson, master of the bail; Kala
kaua, was a party to it besides the
plaintiff as owner, and there is no
thing to show that this is not a joint
contract. Hy the inles of pleading
joint contractors should join in the
2. "The written L'ontraot is not
Hoard of Immigration.
Aholo, Minister of In-
U aiTu luTIitf'in
Pledged lo neither Sect nor Party,
Bid established for the benefit of all.
SATURDAY, MAKCI! 2, 1889.
AHTISHAMUS'S ft EBLEY.
1 invited a friend whom 1 met at
the corner this morning, to go along
with me to tiic paik, to sec Mchille
go up in a balloon, lie declined,
stating that he had no particular
wish to sec the ascension of the fa
mous Frenchman, but would be
pleased to sec the Cabinet "go up
in a balloon" whenever the gctitlc
men are ready, and hoped that that
event, which lie felt sure would be a
popular one, would not be unneces
sarily deferred. There
counting for preferences.
is no ac-
Tho side-walk question is simple
enough. Side-walks are a part of
the streets the part reserved for
the use of pedestrians. Those
parts of the streets are just as pub
lic as the parts on which vehicles
travel, and just as necessary and
important to the public; therefore,
it is just as much the duty of the
Government to attend to side-walks
in every way as to the paits to
which vehicle tiavel is confined.
And as we have no municipal Gov
ernment to look after cither, il is
the duty of the national Govern
ment to attend equally to both. This
is common sense, and any law that
is in conflict with common sense is
not entitled to respect or recognition.
"Water Woi ks makes a fair offer.
He says, virtually, "Now, if you
will keep the regulations, there will
be no trouble: you can drink and
irrigate ; but you know it is a dry
time, and if you break the regula
tions, and waste the water why,
there nili be trouble: there is not
enough water to admit of waste. In
times of plenty we can afford to
wink at regulations, but we cannot
afford to do so in these dry times.
Therefore, if you are negligent and
wasteful, look out! wc shall have to
cut off your water." Now, ladies
and gentlemen, holders of water
privileges, this is fair enough. Even
a cantankerous Aiab says, "Let us
obey, in the interest of the common
A Humx'iin correspondent uses
the term "pauper," and it is under
stood to refer to Portuguese. That
was very unwise, because Portu
guese are not paupers, and they arc
so thin-skinned that they cannot
patiently endure to be characterised
by an epithet which is distasteful to
them. You might call Antishamus
a pauper, and it wouldn't riiflle a
hair of his body. If applicable he
would accept it a3 truth, and if inap
propriate ho would attribute the
misuse of language to tho ignorance
of his traducers. Hut when the
"Advertiser" stain Is up in wrathful
indignation, enshrouded with a
cloak of Huffy virtue, to defend the
Poituguese against being so charac
terised, common-sense men place
their fingers to their noses, and say,
"That is too thin, it won't wash,
you can't gull us so easily ,yoti don't
care a fig about those people who
havo been aspersed, but you know
they have votes, and you think by
this little dodge to scenic their bal
lots at the next elections: your lit
tle trick is so clumsily played, that
you reveal your hand. Hah!"
that of the
It is by L.
lerior and President of the Hoard of
Immigration. It nowhere appears
in the contract that the Hoard
authorized the contract, it is not
one of the contracting patties. It
appears to be the contract of tho
Minister of the Interior who de
scribes himself as tho Hoard of Im
migration." :i. "We find that the second
count does refer to the first, for the
description of the vessel in the sec
ond count is in these words, 'his
said balk, the Kalakaua.' If the
plaintiff should proceed to tual it
must come out in evidence that the
oral agreement had rpiened into a
written contract, and the plaintiff
would have to abandon the second
count. The written contract being
part of the declaration is brought to
the notice of the Court."
1. The Court also held that the
statute of 1887. amending the law
relating to immigration, and repeal
ing the previous statutes on the sub
ject, had the effect oi dissolving the
Hoard of Immisratiou formerly ex-
isting,and that tlicicforc no contract
of the former Hoard is binding on
the present Hoard.
Wc publish below the declaration
and contract, and also the plaintiff's
The plaintiff, John F. Howler, of
Honolulu, in the Island of Oahu,
claims of the Hoard of Immigration
the sum of nine thousand dollors for
that on the 29lh of June, A. D.
18S7, the plaintiff and the defend
ant agreed by Charter party (a copy
whereof is hereto appended and
made part thereof) that the plaintiff
should, in his bark, called the Kala
kaua, whereof C. H. Henderson was
then and there master within a
reasonable time thereafter, carry
from the port of said Honolulu, such
South bea Islanders (whom the de
fendant represented to be thice
hundred adults in number) as the
defendant might place on board of
said bark, to their i espectivc homes
in the South Pacific Ocean, and
should furnish the necessary water
and fuel theiefor, all to be done un
der, the supervision and to the satis
faction of such agent as the defend
ant may appoint, who should have a
free passage in said bark to the
South f-eas and return to said Hono
lulu, and that the defendant would
pay to the plaintiff the sum of thirty
dollars for each such South Sea
Islander, (except children under
two years of age who weic to be
fiee) icccived on board the said bark
at said Honolulu, upon satisfactory
proof of the faithful iullilmcnt by
the plaintiff of his part of said
agreement, and that the defendant
would furnish all piovisions for such
people on their said contemplated
journey home and pay to the plain
tiff the sum of two thousand dollars
(S'2,000) when three days at sea on'
sjid contemplated voyage, the- bal
ance to be paid on the receipt of
such Government agent.
That the plaintiff thereafter, and
within reasonable time, prepared his
said bark tor such agreed voyage,
and for the said carriage of said
South Sea Islanders, and on the 12th
day of July thereafter tendered said
bark to the defendant for the pur
poses agreed upon as aforesaid, ar.d
was ready and willing to perform his
part of said agreement, and had
done all things neccessary on his
part to entitle him to have ouch
South Sea fslandoro placed on board
of said bark by the defendant to be
carried as aforesaid, but the defend
ant absolutely refused to place any
of such South Sea Islanders on
boaul of said bark, or otherwise to
perform its part of said agreement,
or to pay the plaintiff the moneys
agreed tb be paid to him as afore
said or any part thereof to the plain
tiff's damage the said sum of nine
And the plaintiff also sues the de
fendant for the sum of nine thou
sand dollars for that on or about the
29th day of June, A. D. 1887, the
plaintiff and defendant agreed to
gether that the defendant would
ship and place on board his said
bark, tlir Ivaliikaun, in the port of
said Honolulu, three hundred adult
South Sea Islanders to be carried
on said bark to their respective
homes in the South Pacific Ocean
for the sum of nine thousand dollars
and the plaiutiif was- and ever has
been ready and willing to perform
his said agreement but the defend
ant absolutely refuse to carry out
its pint of snid agreement or to pay
said sum or any part thcieof to the
plaintiff's damage in the sum of
nine thousand dollars, which said
agreements the plaintiff says that
tho defendant was by tho laws of
this kingdom authorised to make.
And the plaintiff says that said
refusal on the part of tho defendant
was in contravention of his private
rights under the law.
Wherefoie tho undersigned asks
the process of this Court, to cite the
defendant to appear and answer this
his complaint before a jury of the
country, at tho next term of this
Court, unless otherwise sooner dis
posed of by judicial authority and
for judgment. John F. Howi.r.n.
Hartwell and Whiting, plaintiff's
This Indenture made and entcicd
into tills twenty ninth day of June,
A. D. eighteen hundred and eighty
seven, by and between John F.
Howler owner, and C. II. Hender
son master, lcspectivcly of the bail;
Kalakaua now lying in the port of
Honolulu, paities of the first part
and Luther Aholo, His Hawaiian
Majesty's Minister of the Interior
and President of the Bureau of
Immigration and his successors in
olllce party of the second pint.
Witnesseth That for and in con
sideiation of the covenants and
agreements herein after mentioned
to be paid kept and performed by
the patty of the second part and his
successors in olllce the paities of the
first pat t hereby agree to carry in
the Hawaiian baik Kalakaua above
mentioned from the port of Honolulu
aforesaid such South Sea Islanders
as the party of the second part
may place on board the bark to their
respective homes in the South Paci
fic Ocean and will furnish the neces
sary water and fuel, all to be done
under the supervision and to the
satisfaction ot such agent as the
party of tho second pait may ap
point who shall have a free passage
in the bark to the South Seas and
return to Honolulu. In consider
ation of the forcuoing the party of
the second part or his successors in
olllce will pay or cause to be paid to
the paities of the first part or to
their representatives the of SJ10 per
capita (all children under two years
of age free) for eacli and every
South Sea Islander received on
board the bark at Honolulu upon
satisfactory proof of the faithful
fulfillment of the terms of this con
tract and will furnish all provision
for the people on their contemplated
journey home, and the party of the
second part hereby agrees to pay to
the parties of the first part the sum
of two thousand dollars ($2,000)
when three days at sea the balance
to be paid on receipt of Government
In witness of the above the par
lies hereto have placed their hands
and seals the day and year first
II. II. M. Minister of Interior and
President of the Hurcau of Im
migration. Jouw F. Howi.r.n,
C. H. IIr.Nir.nos.
Shocks vs. Kcldcn, 2 WaU. 177.
Kaiidall vs. Van Vechtcn,l9 Johns.
(1.) Tlie opinion endorsed on the
declaration by the Chief Justice
correctly states that this case does
not requiic the consent of the Jus
tices as do actions against the Gov
ernment. (2.) Non-joinder of master. The
master need not be joined because
he does not appear to lie a party in
iutcicst, and there is no such intend
ment to be made from the fact that
he is a party to the charter part'.
The charter paity and also the
declaration show that Howler is the
owner. This means that he is the
The charter paity is made with
the Master and owner, "respective
ly," meaning "seveially." Alsop
vs. Russell. .".8 Conn. 103.
If an agreement permits construc
tion of its meaning, it will be con
strued as several it the interests are
several, and it is capable of such
construction. I Cli. PI. II.
St. Louis, &c. IJ. 1J. vs. Coultas,
33 111. 193.
Sorsbie vs. Park, 12 M. & W.
Hradburn vs. Botfiold, II lb.
At common law, the owner can
sue on a chaiter parly not under
seal made by the master.
1 Cli. Contract, 303, n. o., Bris
tol! vs. Whitman, I Do G. & J.
Ihggins vs. Senior, 3 M. & W.
Beckham vs. Drake, 9 lb. 79, and
11 lb. 313.
This is on the principle that a
principal always has a i iglit of action
on a contract made by his agent.
Kwell's Kvans on Agency p. 527.
Gay et alt. vs. McCaiulless, G
This is not a sealed iiistrument.al
though it pin poils lo be. 3 111.
201. .1 Met. 200.
As a contract of aifreighlment
need not be in writing, this cliaitcr
party if it were under seal would be
treated as evidence of a simple con
tract. Dubois vs. Delaware, A-c, -1
This action is not covenant or
debt, but indebitatus assumpsit for
damages implied by law.
Hall vs. Green, 4 Pick. 118.
Bassett vs. Sanborn, 9 lb. 05,
Mill Dam vs. Ilovey, 21 lb. 429.
1 Ch. PI. 117 n.o.
But wc have no rule of law which
prevents the party in interest from
See Ward vs. Whitney, 3 N. Y.
MO. and Cunninghamo's Forms
(3.) Tho agreement does not pur
port to have the seal of the Board
or to be its deed, but it is clearly
made in its behalf by its president,
and is therefore enforceable against
the Board, or is at least admissible
as evidence of a contract made or
ratified by the Board.
Bank of the Metropolis vs. (.Suits
chalk, II Pet. 19 32.
(1.) The Board is by statute
authorised to make contracts for the
introduction of Polynesian laborers.
This necessarily implies its liability,
in contract, for their return.
(5.) The representation alleged
by the declaration tlint the passen
gers should bo 300 adults, was an
inducement to and part ol the con
tract. (0.) The second count must hold
if the first count were adjudged to
be bad. If a special contract has
been mutually abandoned, or if the
defendant prevents the plaintiff from
fulfilling the special contract, in
debitatus assumpsit lies, and the
plaintiff may recover on the implied
promise. To join a count on an ex
press contract with a count on an
implied contract is oftn correct,
especially, "where tho terms of the
special contract have been so far
performed that nothing remains but
lo pay the money," or, "if the de
fendant prevents the plaintiff from
fulfilling tho special contract."
1 Ch. PI. 350 (and n. f.)
In like manner a plaintiff may
declare in one count on one special
contract and in another count on
another special contiact, (if ho is
not put to his election), so that if lie
fail to prove his right in the one, and
can show it in the other, he may
Under the second count in this
case, no written contract need
be shown, but tho plaintiff would
be at liberty lo prove a legal con
tract between himself and the de
fendant, and he certainly would
seek lo do 'o, if it were held that
the Charter party does not bind the
No inference is allowable that the
contract declared on in the second
count is the wiilteu agreement
named in the first count, and as a
fact it is not. 'I he ca'-e may requiic
an election of one of two inconsist
ent claims, for the plaintiff cannot
lecoveron both if inconsistent, but
the declaration is not bad for that
reason. The plaintiff offers to dis
continue as to (lie first count if ad
judged to be bad. Ftutlier as to
The Board of Immigration exists
by express legislative authority p.
p. 510, 518 Compiled Laws. Acts
18S7 p. 9, Acts 1888, -p. 170; and
has statutory authority to make contracts.
Legislative recognition of the
corporate or quasi corporate exist
ence is conclusive of the fact against
every one but the State. Green's
Biice's Ultra Viics, 22 n. a.
"COItrOKATIONS HY IMPLICATION"
"These are bodies to whom rights
have been given, or upon whom
duties have been imposed, which
lights and duties cannot be enforced
without considering tho bodies Inn
ing them as corperatioim. Thus
where the King granted lo the mo
of Islington lo be discharged from
toll, they were impliedly incorpor
ated for this purpose." lb.
"If powers are granted to a body
of men, which cannot be exercised
except when acting in a corporate
capacity, a corporation is created by
implication." lb. p. 23 (u. a.)
Jauscn vs. Ostrander, 1 Cow. 079.
Horton vs. Garrison,
Williams vs. Kcecli et alt., -1 Hill
108, are cases of quasi coiporations
by implication, by reason of the
public duties required.
AArnr.n S. Haktwt.i.i.,
Hawaiian Tramways Co,
lUo 11 0
Special Nolieo for
LJ JlJL JLJ JlJ
imQ ft- m
LLkJ jv J J o
HAVING TAKEN STOCK AND ABE OFFERING
All Goods at Greatly Reduced Prices !
The I'unahou Line will nut run.
-SPECIAL BAHGAINS OF-
Remnants in All Departments.
Out will leave P.ihima and Waiklkl
10 a. in., and every hour as usual.
Car will leave Puluuia for Bifle
Km no at the half hour, and lilflu Range
for I'uhumt at the liuur as usual.
An extra service for Walkllti to ac
commodate icsiik'ii'B lie' ween Punch,
howl and I'uiiiiliou will leuxe the Catho
lic Cemetery Siding near Alnpiil street
at 1 1.40 a. in., 12..1U, 1..JC, 5..10 ami 3.4')
Jnt Beccived a Fresh Lot of
DIAMOND DYE BLACK HOSE I
-"- 7ra i . n ..... ..,. i .. .... .
Cars from Palum-i 12 noon, 4 00 ami
(3.00 p. m. will not run TO-MORROW
The I'uivihou Line will not urn after
4 !U) in. In nii-tiow, Satuiday. Tlie
ojly kirvlce will lie a thiuugh service
In W'nlkiM at !0 minutes pn-t each hour
as pel schedule. All uvailalilo Cars will
by mi hand at Wnikikl at 5 10 p m. for
the returning spi'Olutois.
tSfTinn: Tible now leiuly
Cmnp'inj'i ollloe; piice I cent
ECU ONE WEEK
-WE WILL SELL FOR ONE WEEK-
CH OTTS Genuine Midlothian Oatmeal
KJ la 1 1 11). tin. I' or sale
E. 11KOWX & CO.,
Ii8 Merchant street.
ANY person found lrc?passuig or
shooiiiif? on the KULIOUOU lands
will be prosecuted.
170 lut KOBERT LISIIMAX.
Our $2.50 Parasols for $1.25.
Our $3.50 Parasols for 2.00.
Our $1.50 Parasols for $2.75.
Our $5.50 Parasols for $:j.:JO.
SSOKE WDEEJES: OJVLY "SgSl
Similar Reductions in Ladies' Hats, Embroideries and Laces.
NOW IS YOUR TIME TO PURCHASE
Tin Prices we purlin M M Went Only !
HAS Coin I I toe is, lil.ick St one, Illnck
ami 'A liiti' l-atid and Soil, lor sale
in an v qunniiiy. Apply til the ofllce of
V. tf Aelii. IviHlnini.iiiu s-iriet. 110 J'ni
!, Indies' nurfcf.', has
lo Nn .!, Iviikui lane.
Feb. 1 1-80
RS. STEVENSON, accoucheuse
mid Pulics' tiii.c. Tolbnonials
of 22 y Ms expi'iiciict; at Queen Ch.tr.
loltu i.yh g.in.ilo-piml, London. Olhei
i-lundu" not objci ted lo. Residence,
".loidim lloii-c't" t-eho'il street. 1' O.
lli.x 17 ; Mutual Tele, o'.ii. 170 am
CHAS. J. FISHEL,
Tlie Li'adiii"' Alilliuory House.
-iMroirrnits 1)i:ai.i:hr ix-
et alt., 23
Tin" Xlppnn Yuhi'ii K:tihhn"N Xpw
A 1'iiio A I Micel tcajiiMliii)
tor the above ports, on
Auction Sales by James F. Morgan.
Administrator's Sale of
Ily order of YV. O. Pmilli, Adininis.
trnior of the Ksutto of .1. K". Sp.uilding,
deceased; I will m?I1 at Public Auction,
at my Salesroom, Queen stieet,
On "Wednesday, March (5th,
AT 10 O'CLOCK A. 31..
Iloiiii'hold Fui n i line, comprising
33. W. Parlor SSot;,
Upholsteier! in l'lusli;
jMitrhlelop Conler Table,
barge and Mil ill Him-,
Whatnots, U. V. Cliuiis,
I-SIoix lOedwteracls !
MuttrnfM-s, I!. W. Olllce Tables,
Iliii cans, Chairs, Pictures,
JSxtoiiHioii Dining? M'nljle,
Meat Safes, Croelury,
One Sisxli'w Sale,
1! Urake, 11 Sols Harness,
1 Black Horse, 1 White Horso
Etc., Etc., Rte, Etc.
31ARCH T, 1 88O.
E2T For tei ms of freight or passage
IniMiig Aiipuilor c'tbin and stcetagu tic
eiiiiimoiluiioiis, apply to
Win, G. IRWIN & CO.,
Ids til Agents.
American & European Drugs & Chemicals
Perfumery and Toilet Articles !
Agents for P. Will.ud .t Co.'n Tob.ieiw, & W. S. Kimball & Co.'s
TobEicco and Cigarettes.
Aerated Water Works 73 Hotel Street.
J AS. F. MOliGAN,
The Al MtcnuiHlii)
Of the Occidental & Oriental Steamship
Co. ill be due al Honolulu from San
i'MurUco on or about
Exarch 9, 1889,
And will leave for tho above ports 0:1
or about that date.
rFor Height or p.ifsnge apply to
H. HACKFELD & CO.,
107 Id Agents
FOIST STK IfilST, UONOLUJLU.
New bine of
EST BARGAINS -a
EST BARGAINS -
At Lower Prices than ever before. New invoice of
SHELF-HAEDWARE, PLOWS & GEE MERCHANDISE.
IVovoltieH nud lfnncy GoodH, In Liu-fjc "Vin-ioty.
Has taken 1I10 Studio formerly occupied
hy A. A. iMontauo, coiner of King
and Fort streets, and is pte-
paied to take
PICTURES IN ANY STYLES !
I'l'lntliic Done lor AinntcurH,
Cabinets $6 a Doz. Work Guaranteed.
t&- Untianeo on Fort Street, "a
I70R a plantation, a steady, well ie.
? commended and capable man.
183 tf TIIEO.
II. DAVIKS & CO.
ed Rooms. Hoard if ic.
i quired. Apply nl "i-hamber.
lain House," King hlreel, opposite Ka
wainhno Seminary. 184 tf
rpO purchase r. good second-hand En.
1. nine and Hoii'ei, say 5-horse power;
portable or any other kind will answer
mi long us it is in iiood condition. Apply
to Daily Huu.nm. 181 lw
Asulto of Furnished Rooms
for houbukeeping In a
locality. Address "P,"
AN J OK -S-ioonwl Cottage
on Punchbowl ttreet
near the Mormon Chinch, a
flue health locality, quiet neiehhorhood.
Inquire of A. VOGEL,
18(1 tf At FA. Ilollefihlaoucr ic Co.V.
NOTICE to CREDITORS.
ALL persons having claims ngniiist
Mrs. Nancy Wilt, of Honolulu,
me icquebtul to picsent lliu samu to the
tiuderbigned without delay.
W. O. SMITH,
Attorney for .Mrs. Nancy Wilt
Honolulu, Feb. 23, I860. 180 3t
(Assisted by Dr. H. A. Luudy.)
Artificial Teelh from one to an tii'liu
set inserted on gold, bilver, alluiiii u
and rubber babes. Crown and Hn ,o
Work a specialty. To persons wcai in,f
rubber plates which are a conbtattt
source ol britaliou to the mouth unit
throat, wo would recommend our Pro.
phylactio Metal Plate. All opeiatlons
performed in accordance wiili the latest
improvements in denial iciencu. Teeth
Extracted without pain ly the use of
Nitrous Oxldu Gay.
C3MJ8 Hotel 3treet, al Dr. Grossman's
old stand, Feb-S0-80
A LARGE and Comfortable
House on Punchbowl
streit, between Piiliico Walk
and Herelnnia street. Apply to
Du. .T. S. McGREW,
170 tf Hotel street.
NEW "Invincible'' Compound Cen
trlftnral Pumping Engine, with At
tached Condenser and Air Pump, com
plete; diameter of discharge pipe, 8
HONOLULU IRON WOKKS CO.
rpiIE Blclneriiy Hall.
X ply to
Cor. Fort & Merchant sts.
ANYBODY that has a
Building Lot in Hono.
lulu cm Ibid a good chance
for nude hy culling at the
sloio of Clms, Hammer, cor
ner of King uad Fort streets. 182 lw
Ttt 0 CARRIAGES in
L Kplendld order; also
une 7 uctnvu (Jlilcker.
niir Piano. Apply to M. S. Grlnbaum
& Co., Queen ttreet, or at
lfolw 2!5.1 King street.
Club " Whiskey.
Wo havo received another invoice
And oiler the samu for sale cither in
bond or duty paid.
W. C. PEACOCK & CO,
183J Merchant Street. Ll"