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SLT "H TBI H H jh r T " '3&
"With which is Incorporated 1 he "Indoiendent,"
VOL. l. NO. It (5,
HONOLULU, II. I.. WEDNESDAY. OCTOBER 2. 1895.
PRICE 5 OTiJJTS.
With which Is Incorporated thu Impei-emi
Hiwaiiim C-soyriglit fcy A. V. Gear,
Juno 22, 1805.
Published "every (In?- except Sunday nt
GO'J KfciR Street, Honolulu, II. I.
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LiViernl aPownncc on yrnrly nnd bnlf
Address all communications to tho edi
torial department to "Editor iJullctin."
Business letters siiould be addressed to
"Manager Evcninc IJulletin."
Telephone 250. 1. tt Box 80.
B. L. FINNEY, Manager.
HAS NO EQUAL
FOIl TIIK lUrll Cl-Ill'. OK
It nil relieve
tho ninit iIIj
nnnthn llm lu
ll ,'i in i' l iiicm-
mil Induce re-fn-hliiK
I'ur the euro of
Throat, mul all
the liulminiiiry troiilih-i to which the nniii!
an- so liable, theie N no other renieily 30 J
Acer's Cherry Pectoral
HIGHEST AWARDS AT THE
World's Great Expositions.
Matleliflir J.C AyerA To .Isw11,Mnsi.,lT.S.A.
VT f,,T ,r'' "' r,M 'P l,l,lt ttinm Tlifl niiiif
Arr ( lii'i r 1 Homl iinmiliifiit on
th r i" r, it i id i It (inn In the k'iis ut mc1i
of our bottle .
Hollister Drug Co., L'd,
SoIp AKCtits for tho ltepiiblio of Ilnwnii.
EDMUND P. DOLE,
ATTORNEY AT LAW.
318 Fovt St. - Telephone 91.
128 & 130 I-'OUT ST11EET.
BlactaiittinginAll Its Branches.
6rders from tlio other Tblnnds in Build
in tf, TrimmitiK, l'auitiiiff, etc., etc.,
Promptly nttonded to.
W. AV. AVHKJIIT. Projinetor.
(Successor to 0. AVest.)
Wlitit bottor invostmont thun a
light oflico co:it, Micro sweltering
hot days. Cool, comfortablu nnd
Patrons of tho Ciiloiion Saloon
are notified thut u frosh supply of
Wiolutid's cclebrnted beer will ur
rivo by tlio Austiiiliu. Also frosh
oysters for cockt.tils.
Bicyolors aro likely to got out,
Bcrapod, sprainod, bruised, or
soino way hurt. No mutter which,
tin application of Redding
Russia Salvo will tuko awny tho
Btnart and pain, and euro tho
troublo in n hurry. Thousands
of whoolmon novar go on tho
road without it. Why should
yon ? 25 conts buys it of any drug
gist. Hnndv box for your pockot.
Hollister Drig Co., Ats,
I "r&lOr. I
I CHERRY S ' I
GLAUS SPRECKELS SUED.
TKltII01t.KY IVJU.VCTION ISSI'KS
AGAINST THE MIM.IttNAlUi:
Ncoren ol l'nc:o In tho Document
Hound tt lo it elcliMtteil
A bil' in equity for de
claration and specific perfor
inaneo o trust, for injunction
and account was filed yostorday
by the Hawaiian Commercial
and Sugar Company, plaintiff,
against Clans Sprooliels, defend
ant. Messrs. Thurston and Hart
well n-st for tho complaining cor
porntiou. The bill and attoruoys'
affidavit occupy 2S typo-written
pagos, and tliorc aro 88 pages of
typo -writing taken up with ex
hibits. Theso contain tho sig
natures of man' notablo jiorsou
ogos, both living and dead, of
Hawaii and California. The Jirst
ono is a potitiouto King Kulatuua
and his ministry in Council for
eutonsivo water rights on Maui.
in compliance with tho potitiou
Judge Whiting Bignod tho follow
ing temporary injunction:
"In tho name of the Republic
" To GlntiH Snrockols. his
Agents, Attorneys or Servants.
"Whereas, the Hawaiian Com
mercial and Sugar Company has
iilod its bill in equity against
Clans Sprcckcls, defendant, be
fore tho Honorable William Aus
tin Whiting, First Judge of said
Ciiouit Court at Chambers, setting
forth roasous by ,y,ou should bo
restrained atid ' enjoined bytho
n straining ordor or injunction of
thin Court for soiling, leasing,
mortgaging or otherwise charging
or encumbering of that portion
of too Ahupuau of Wailuku,
in tho Island of Maui, in tho
Rupubliu of Hawaii, not hereto-
loro conveyed oy you lo said limii
puny during tho pentloncy of this
suit, and ordor was miido thereon
that such injunction issue upon
the plaintiil 's filing its approved
bond in tho sum of four thousand
dollars, which such bond has boon
iilod and approved by said Judge.
"How therefore you, said Clans
Spiockels, your attorneys and
agents aro commanded and strict
ly enjoined under penalty of being
adjudged guilty of contempt of
said Court that you und
each of you do absolute
ly desist and refrain from
selling, leasing, mortgaging or
uthorwiso charging or encumbor
inu any portion of tho said Ahu
puau of Wailuku not heretofore
conveyed by yon tos.nd Company,
until tho further order of haul
Sorvico of Chambers summons
in tho matter was made by Dopu
ty Marshal H. R. Hitchcock on
Clans Spreokols through Wultor
M. Gidard, his attornoy.
Tho bill recounts tho history of
tho groat Spreckelsvillo planta
tion from its inception about
eightoou years ago. Its gist is as
follows: Mr. Sprockets obtained
all of tho proporty for tho plan
tation and its water supply in his
own name, and latterly convoyed
all of it excepting about i,000
acres to tho Hawaiian Commercial
fc Sugar Company. This aro.i
comprises pructicully tho whole
Wailuku valloy. which con
tains tho souices of tho plan
tation's vast irrigating system.
It was aftor Mr. Spiockels hud
disposed of his controlling interest
in tho company thut tho discovery
was mudo of his non-conveyanoo
of this valuable portion of the
proporty. Tho principal pray or
of tho petition is tho following :
"That tho dofondant bo declurod
to be a trustee to tho plaintiff's
nso of tho fco simplo of said portion
hold by him as aforosaid of tho said
Ahupuau of Wailuku, and that ho
bo ordered nnd decreed to exocuto
and deliver to tho plaintiff, its
successors and assigns forever, a
deod of all of tho portion of
said Ahupuau of Wailuku so
omitted by him to bo convoyed to
tho plaintilt and wiiuiiom by uim
as aforosaid, and also to account
with tho plaintiff for, aud to pay '
over to the plaintiff all
moneys received by him
as rents, isuos nnd profits there
of, or of any part or porcol there
of since he tuquired oh nfores.tid !
the feo Bi tuple in said land, and
that ho pay tho costs of this suit." j
. . .-, ... ... j
a iiiiittsiiAit Aiioirr.
A Mirk Thirl 0irriitlnir on Adam.
I.nnc Lnnl Nlulit.
Whon Douglas Monsurrat goes
to bod he is in the habit of put
ting his pants on a convenient
chair, but when ho woko up this
morning they woro not thoro.
They were in nn adjoining room
and a dollar that was in one of the
pockets was missing. Mr. Mon
surrat is thanking tho lucky st.ir
that impelled him to p'.aco his
witch and chain and the rest of
his monoy under a pincushion bo
foro retiring. The wardrobe in an
adjoining room was also tampered
with and tho burglar nearly
wronched tho knob off in an at
tompt to getat tho contents. Raro
footprints were seon this morning
on the stops loading to tho veran
dah and from tho improssion and
shapo thoy woro evidontly those
of a Chiueso. An attempt was nl
so made to open a window of an
other cottage in tho sumo lot.
About tho sumo timo a lady
sleeping in a room in a cottage
across tiio lauo was awakenod
by a, noise in hor room and
by tho moonlight "dotectod a
man standing over tho buroui.
Sho screamed and jumped
lilt if lirwl tiw1 tlti i ttt tMiil in Imm
ed out of tho open window, break- ,
ii shelf nnd some of tho hit-
tiee work bonouth in his hurried
doscont. The lady lid not seo
tho man's faeo in hor oxcitomont,
but says ho was of slim build,
barefooted, and appourod to bo
droHsed only in a jmir of white
drawers or tight-fitting punts.
A polico whistlo was sounded
several times and succeeded in
arousing everybody in tlio neigh
borhood except tho polico.
ivirii a -i,i:av ihi.i..
Aieolralln Tlic tlio .Vchji Tluil
'llilk I'ort In Ilcultli).
Tho stoamor Australia which
leaves at -1 o'clock this afternoon
will carry tho nows that tho poit
of Honolulu is no longer infected.
In other words sho loavos with
what is known in shipping circles
as a clean bill of health.
This is nothing moro or less
thun a ceitilh-uto, signed and
sealed by tho American Consul
Genor.il, lo tho effect that tlio
port is healthy nt tho time of tlio
departure of the vessel. This cer
tificate also currios an endorso
uiont stating that two eusos of
cholora only huvo occurred in
fourteen days, but that the di
sease is no longer epidemic.
The local qunruntino regulations
concerning tho cholera and refer
ring to intor-island traffic cut no
ligiuo in tlio case, as the Austra
lia's bill of health is mudo out
under international quuruntiue
There was a bathing party
numbering 35 to 10 at Wrights
Villa lust night. It was mauugod
by Mrs. H. T. Walkor and Mrs.
Donnelly. Reforo anil aftor tho
surf bath, singing, recitations and
dunces wore enjoyed in the lanni.
There was no hearing beforo tho
Supremo Court today, on account
of parties having business con
nected with tho Australia's departure.
IN THE HIGHER COURTS.
Di:cisio,s on ii:atii iii:ni:i'it
and 'rut: 4!Iiim:m: tiii:aii:h.
Had Vcnr lor (lie .tunica WnoiU KatRte
Hull Itcliixcit Cor nil IiiIhiiiou
The bdtid of Bruee Cartwright,
as trustee of tho eBtiito of R. W.
Holt, for $'..'0,000 executod on
July 28, 18U2, bus been cancollod
and a now one substituted for
Henry Smith has filed a report
as master on the accounts of the
trustees of tho estato of James
Woods, deceased tostuto. Re
ceipts woro S12.057.09 and pay
ments 17,805.30. Thoro was a
docreaso in tho receipts of 1891 of
?5,'118.'l(i as against those of
1893 Tho oxponditures de
creased also, by !?8,0S4 05. Tho
debt duo to T. II. D.ivies & Co. is
now $2J5,'J8ii.81, an incroaso of ?5,
870.31. An incroaso of .$2-18.00
bus occurred in tho expenses of
tho family of tho deceused, which
woro $-1,030 28. Kocoipts from
Roeoroft Plantation show a de
crease of $3,500, and from silo of
stock and product) $8,521.97. Pur
chases of stock and ranch oxpon
sos decreased by $8 521.97. Thore
wero thirteen horses more but 177
head of cuttlo less in tho inventory
of 1891 than in that of 1893. "Al
together," the mastor says, "the
year 1891 has not beon a pros
porous ono in tho financial show
ing of tho estate."
An application for bail was
made to Judge Coopor yesterday
on behalf of Ah Wong.comnnttid
for trial foroutrago. Tho motion
was taken undor advisoment. Ro
bertson for tho prisoner; Doputy
Attornoy-Uonoral Lai tor for the
, , ,,,n', Ul,
Kupromo Court on
Wednesday Kmulo vs. C. AVilliums
was argued aud submitted. Cir
cuit Jiulgo Whiting sat with
Chief Justice Judd and Justico
Froar. Kinnoy for plaintiff, C.
Rrown for defendant.
Tho same afu-rnooii J. I. Dow
sett vs. Maukeulii and others was
heaid, J. A. Mngoon, barristor,
sitting in place nf Justico Kickor
ton. C. Brown for plaintiil'; Kin
ney for dofendants-.ippollant.
Judge Cooper has denied tho
application of Ah Wong, charged
with an infamous otfonso, to be
admitted to bail.
Judge Whiting has rendored a
decision upon tho equity claim of
Antonio d.i Costa Dumol against
the l'ortiiguoso Mutual JJenelit
Society of Hawaii, for a death
bonefit claimed by plaintiff to
huvo accrued by reason of tho
death of his son, a member of tho
defendant corporation. Dtlond
ant resisted tho claim on tho
giounds that the son was not in
good standing on tho hociotv's
books, that if ho was found to bu
in good standing tho father was
not undor the luws of tho society
entitled to the bonoiit, and thut
tho evideiico did not warrant tho
finding in favor of the plaintiff.
All these points are over-ruled and
$7.91 50, tho amount shown by tlio
accounting prayed for, be deoreod
o be paid by dofendant to plain
tiff. Neumann for plaintiff; Kin
ney for iMonduiit.
.ludgo Coopor has rendored tho
following decision On tho demur
ror to tho bill in equity for an in
junction against tho now Chinese
"Tho substanoo of tho bill is
thnt tho plniutilf is a resident of a
district in Honolulu undisturbed
by noisy trado and businesses;
that tho dofendant is about to
orect a building to bo used as a
Chineso thoator, where porfom
ances are to tako placo
upon instruments which produce
harsh, stridont and discordant
tones of groat volumo nnd contin
uity; that such performances aro
usually acted betweon twilight
and midnight, and thnt thereby
the peace and enjoyment of the
lifoof plaintiff will bo an impos
sibility. "Courts have dcclinod to inter
fere with tho erection of a build
ing bocauso it might become a
nuisanco by reason of thu use its
ownot might put it to, unless such
uso is shown to bo a nuisance
"Tho only quostion I foel call
od upon to docido at the present
is, taking tho allegations 'of tho
bill to bo true: Does it show a
nuisanco per so; or, in tho lan
guage of somo of tho courts: Hns
a uriinn facio case to bo mado out?
This I feel bound to answer in
tho affirmative, aotl for that reason
I consider that tho demurrer
should be ovorrtilod."
Thurston and Rubortson for
plaintiff; Hartwoll and Stauloy for
Agent Itej iiolil' Itenort Tor Che .Month
A glonco nt the monthly roport
of C. 1. Reynolds, ugoiit of the
Roard of Hoalth, shows there woro
112 deuths in this city during
Soptoiubor, of which 19 uoro
from cholern. Other principal
causes of death were: Ilronehitis
0, hourt diseuso 0, convulsions 7,
fovor 5, inanition -1, pneumonia -1
and whooping cough 5.
For tho last 5 yoars tho doath
rate for September bus boon:1891,
45; 1892,30; 1893,01; 189-1, -15
aud 1890, 112, an average of a
little ovor 00 per month.
1'nriiilUoot tlio l'nrltle.
This valuablo journal has again
made its monthly uppoarauco, mid
as usual is replete with intorost
inil articlos. Among them may
be mentioned "Tho Republic of
lliwan, by U.. h. JJoyor, "Native
Hawaiian feast, ' by Churlos L.
Rruco, and Petor 0 Joins' article
on "Hawaiian Islands and An
nexation." Tho now number is a
beautiful spocimen of the art pre
servative and contains somu excel
The Australia's outward bound
c trgo is valued at $31,5u0.
Thoro will be no mooting of tho
Roard of Health this afternoon.
Tho deaths fiom cholera in
September exceeded tho total
doatliH from all cau-es for tho
same mouth last year by four.
Attorney-General Smith was
personally attending to fumiga
tion matters at tho Australia's
wharf this afternoon.
Tho Hawaiian Lime nnd -Stono
Company ollbrs for silo a fiuo
article of limo in qiiuntitos to
suit. Iling up telephone 217.
Tho Union Feed Company is
helping tho good cause along by
employing a number of natives to
repaint their lingo wirohoitses.
Ono of tho passongers who ar
rived on the Australia claims to
have information that Minister
Castle would not bo received by
Thoo. II. Duvios it Company
advertise salmon, raisins, buttor,
cheoso, onions and potut"OR by the
Austruliu. and rolled barloy,
bran, middlings, C. tt C. Hour nnd
codfish by tho Mioworu.
Miicfurlano & Co. call ntteidion
to a consignment of Palm Troo
and Koy brands of gin. Ilonnos
soy 3-stur brandies, O.P.S. Bour
bon whisky, California wines and
Anheusor Rusch beer.
Th I llreil I'ccllns
Is u eomiiion eomplulnt und It 1 b UniiBi-roiis
symploni. It liieuiiit thnt the bjntiin U ilcblli
liiUil bciuUM'cif lininiro lilooil, mul In thl
t-tinilltlcii it Ij t-npi-cliilly Untile tu Rttiiokb of
ilUeiisc, llocul's Snroiipurllln In the ruineily
for tlilri coiiilillon, anil nlmi for Unit ninkncnn
w hlcli prcMilli. at thu eliiinge of teaann, cll
mutc or life.
Hoon'rt I'ii.i i net t-rillj-, tt promptly ami
cflleitatly uu thu boni'U mul llnr. Wjc.
IN THE POLICE COURT..
rvi:NTV.r.iGiiT oi'mvnuis m
I'OIti: JllllCn I'KltllV TODAY.
i'lnrit I'or Having Opium in, in p-
loii-Tlie IfoiiKliiiilllni; Perjury
C'a.e Pnrlly IIi-hi-iI.
When Judge Perry mounted hip
rostrum this morning ho fount
twenty-eight dcknclnnts nwnitlnp
ii n nudionce, uud in his usna.
courtoou? iininnor proceeded U
deal out justico. tempered witl,
Tho first case alltd -win thai
against eight unf'ortunilfo people
who would ii-yuehtitig go last
Sunday and landed in IVail Hat -bor
contrary to tho rules and re
gulations in suoh cases mudo and
provided by tho Roard of Health.
Tho prosecution evidently thought'
that ten hours in a leaky boat witl
nothing to oat or drink was pun
ishment enough for tho crowd,
and' allowed tho charge to bo
nolle pros 'd.
Ron lutlana, charged with
drunkonnoss, acknowledged the
com and rocoivod the .usual fine
An Hawaiian damsel who answors.
to tho namo of Miss H. Lueo for
feited her bail rathor than make
a shamofacetl uppeuronco before
His Honor and the courtroom
spectators on tho samo churgo.
Mili.uili, a natlvo boy, arr-steil
for stealing coal, from the various!
piles about the city front, enforce
a plea uf not guilty und will bi
Ah Fat's wonsel skin will not bi
as fit as it was aftor ho has paiu
his fino. Mr. Fat pleadod guilt
to tho churgo of having opium it.
ms possession and was lined ol
and costs thoiefor.
Luu Chun is out on $50 bai.
pending his tiiul on tho chaigo o4.
endangoiihg the health of tbr
comiiuinity by fishing in Nullum
stream. lion his trial is hau
on tho 5th Luu Chan will know
whether ho will got any change
out of his $50 or not.
Tom Ning is a very innocent
Cnine.se, according to his owl
story, helped out as it wa In
Humorous witnesses on h s bo'inlt
Tom keops a restaunnt und in
stead of buying co.il in wholesale?
quantities from logitimito doulorh
purchases it from native boys at n
rate about ono- fourth itsaetual val
ue. He pleaded not guilty to tho
charge of recoiving stolon goods,
and uftor hoariug his testimony
His Honor conclud.d that Ton.
could not bo induced to knowing
Iv purchu'-o stolon coul under nny
c.nditions, not oven if it waV
whitowashed and gilt-edged.
Mr. Wo Chung, who, is n!s,
charged with purchasing stolot.
i ...mi ...,.i ... "... i ..
u.i, iii vim, -iivnr hi iiruve m.
iniioceneo on tho 5th, to whin,
tluto his trial wns adjourned'
In tho caso of George Hnugb--tailing.
charged with oOtnniittinij
perjury on his reci-nt trial for soil
ing liquor without a license, thu
testimony of Judge Wilcox, win
presided at tho trial, and .Inline
Luudberg was'taken and furthor
procoedings continued till tomor
row. Tho case of Gibbs and Murphy
on tho sumo charge was sot far
trial tomorrow morning.
The brigantino W. G. lrwira
sails for San Francisco tomorrov.'.
Mrs. Goo. Gran nnd Mrs Wnvjr
Taylor roturnod by tho stenmtr
W. G. Hall.
Mrs. Rruco Cartwright nnd twt
children will leavo for tho Coaal.
by tho Australia.
Tho furniture, desks, etc., xxj
the Polico Station niuT tloputr3
tnarshars oflico nreboinc fixed uui
J and varnished.