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Vol. III. No. 514.
HONOLULU, H. I., FRIDAY, JANUARY 22, 1897.
PmoE 5 Cents,
IN THE HIGHER COURTS
THE COLONEL RESIGNS
CHARITABLE WOMEN MEET
LEVY'S MORTGAGE VALID
PETTY PILFERING GANG I HAD A HIGH OLD TIME
DIX'ISION OK COMMISSIONS IN
Tin; iii.siioi' i'rri:.
OverelinrKO Found lit One llfin-!
clwtnti In Ilauliruplcy
of tl.N. I.rvy.
. Chief Justice Judd lias render-
ed a decision in thb mutter of tho
S estate of Boruico P. Bishop. Tho
question at bar related to commis
sions, lien 1 y Smith, muster, had
reportod adversely on tho charge
of commissions on the prico of
'. tho building on Emma street sold
to tho Board of Education. Ho
claimed that only the commission
of 2J percent, for receiving money
I was ohargeable, and not that of 5
1 por cunt, for ihml payment, thoro
fore found uu ot.ic-hnite of S7G0
on this item. He submitted "that,
in a trust of tho nature of thin cs
tate, thoro in n- h al paymeut ot
moneys realized from 6ales of land,
, also that B'di sales merely effect
' a conversion of the capital which
is not followed by a distribution
of the proceeds ho realized."
I Tho Chief Justice does not
I ngreo with tho master. Ho says:
"I am satifli'd that the charge
Ix of commissions mi the 830.000 for
which the Keoua Halo premises
sold for is proper. This sum was
l paid to the haul; of Bishop fc Co.
to settle an ovoid m ft which was
, used in building tho Kamehameha
School for Gun, directed to be
entnblihlied by the will of tho late
Mrs. B. P. Hishop. It is just tho
. , eamo as if the premises had been
Bold anil the avails applied direct
V ly to tho building of tho school.
- There is, therofore, a final pay-
. --f 'mant of this fund. I has boon
converted into buildings and
forms a part of the trust property.
It is no longer available for in
vestment for tho purposes of
' The master reported au over-
' charge of commissions, also,
amounting to S113 15 by charging
them on tho gross amount realized
at the Molokui ranch which was
$10,201.92 instead of on the net
procoodB-$G(J33 97. The Chief
Justice aflirms this findiug as
"As to tho oharge of commis
sions upon the gross receipts of
tho Molokai ranch, I adopt tho
master's view that only the not to
ceipts aro chargeable with com
missions. Tho ranch is a separate
property which pays out of its re
ceipts the expenses of its man
agement. I do not think that) if
it was run at a loss and had no
money to its credit, the trustees
would bo uuthoiizod to draw
money out of tho trust funds for
I its support, as for instance to
replace its livo stock. If tho 315,
000 gross receipts have immediate
ly upon their recoipt by tho trus
tees the character of trust funds,
J thou they must all bo treated as
such and be devotod to the pur-
, posos of tho trust, i. o., tho ostab-
lishmont and maintonanco of tho
Kamehameha Schools. And tho
trustees would not be authorized
f - to draw from its trust funds the
exponsos of tho ranch."
Further on tho Chief Justico
dofiuos tho term "gouoral profits"
in tho stututo to mean, in this
connection, "not profits."
t H. Holmes for tho trustees.
Tho Supreme Court has rend
ered an opinion confirming tho
validity of a ohattol mortgago
mode by M. S. Lovv to Thoo. H.
Davies it Co., Ltd., before the
y mortgagor was adjudicatod a
bankrupt. A more extended re
port will bo found olsowhoro.
Magoon vs. Ahrai is still on be
fore Judge Carter.
Gorman merchants aro roportod
to bo afraid that tho irritation in
America at Gormauy's prohibi
tion of Araorican meat will result
in fur t her reprisals, for oxnniplo,
tho compulsory examination of
all Gorman wiues aud tho placing
of serious obstacles in tho way
of importations of Gorman sugar.
NATIONAL HUMID Olf HAWAII
WITHOUT A COLON!!..
'iilnirl .Mrli"mi I'irpHill to llio
OUIrrio nml JU-n Coiit.ilncil In
(Jrnnrnl Order No. 38.
Tho(esignaliofrof Colouol Mc
Lean is the ovuut of the day, at
least in military circles. Tho fol
lowing letter and General Orders
No. 33 following it explain them
selves: Headquarters First Regiment,
National Guard of Hawaii.
Honolulu.lt. H., Jan. 22, 1897.
Hon. S. B. Dolo, Commandor-in-Chief.
Sir: As tho result of our con
versation on the 2bU inst., I hero
with temler to you my resignation
as Colonel Commanding the 1st
Kept., N. G. H.
With feelings of tho highest ad
miration for yourself, I have tho
honor to be,
Very respectfully ,Your obedient
(Signed) It. H. McLean,
Colouol 1st Itegt., N. G. H.
Headquarters First' Itegimont
National Ounrd of Hawaii.
Honolulu, 11. H., Jau.22, 1897.
OEKKKAL OUDK118 NO. 38.
Ou lukiut; leave of tho First
Regiment, N. G. H , 1 desiro to
heartily thank thos ollicers and
men who have aided mo in my ef
forts to place the regimeut in its
present highly creditablo condi
tion. I leave the regiment at a time
wlum its drill, discipline, soldierly
appeuruueo, equipment) artillory,
and quartTH. are in an immeasur
ably superior condition to that in
which 1 found them.
I earnestly hopo that tho regi
ment will continue to provo itself
worthy of the object for whioh it
I shall always look back with
pride and pleasure to tho tirao whon
I was associated with you, aud
had the honor of being tho Colo
nel commanding the First Regi
ment, National Guard of Hawaii.
liy command of Colonel Mc
Lean. (Sgd) Jno. Sohaefer, Capt.
Hon. H. E. Coopor, Minister of
Foreign Affairs, tho department
controlling tho military, said to a
roportor that no successor to Col.
McLean would bo appointed. The
command would simply dovolve
upon Lieut. Col. Fishor. Ho had
nothing furthor to say on tho
m m m
Company E. has olocted Cor
poral Miller and Privates Koistor
and Bjackly to sorvo on tho com
mittco of arrangements for tho
coming military annexation meet
ing. Company F. will bo repre
sented by Sorgoant Vollborg,
Corporal Roado and Private Fitz
simmons. At Company A.'s
meoting last night Lieutenant
Klommo, Sergeant R. Parker and
Privato Mills were eloctod to rep
resent that company on the com
mittee Groat interest is being mani
fested at the barracks ovor tho
coming annexation meoting, and
it is oxpected that most of the
speakors will bo selected from tho
rauK ana mo. uieuieuHui xowsa
is devoting considerable of his
timo to holpiug tho good cause
Company D. meets tonight for
drill and business.
IIlilM for Itnlldliic.
Wailuku Courthouso: P. Mo
Kinnon, S2G30; Tom Nott, S2510;
Robt. Howie, who gots tho con
Papaikou Schoolhouso, three
rooms: J. E. Gamaliolson,$2500;
Goo. Mumby, S2300;. Robt.
Howie, $1937; John Cook, who
gots tho contract, $2175.
i.i)iiM pun rijfi.s iii:.m.voi.i:ni
MM'll.rY IN NI.SMON.
Ticnlll-CT (:ii,ilii Stitmtlt n i.'Iiihii-
clul SlatrniViil- Willi I Hh Hem
Accouiillliril by Hie Nnclcly.
At the meoting of tho Ladies'
Portuguese Benevolent Sooioty nt
the Y. M. C. A. parlors this-morning
the following officers wero
olectcd: .Mrs. W.G.Irwin, presi
dent; Mrs. C. M. Hyde, first vico
prosident; Mrs. W. F. Allen, sec
ond vico-presidont; Mrs. J. P.
Rodriguts, secretary aud M. A.
Treasurer Gonsalves submitted
his report for the 21 months end
ing December 31, 189(5, as follows:
Balance in Treasuior's
hands por last account S (57 15
Balauco in Uauk 731 (55
Subsidy from Queen's
Hospital G21 00
Ifterosi on Govt. Bonds 135 00
Proceeds Salo of Govt.
Bond 510 50
Donation from Mrs. Y.
G. Irwin 750 00
Other donations ami fees 50 00
$ 2808 30
Paid Qneou's Hospital
bills S 815 -10
Paid strainer fares to
other Islands.. 5100
Provisions, ronts medi
cines, burial expenses
and attendance on sick 1150 85
Advertiser 81.50, Star
S1.00 2 50
Balauco cash in Bank.. 818 55
' S 28(58 30
Balance brought down.. 818 55
RESOURCES, DEO. 31, 1890.
Ono Haw. Gov. Houd
(lodged with Bank)..? 1000 00
Cash in Bank 818 55
Total Funds S 1818 55
During tho poriod included in
tho above report 35 poraons wero
treated at tho Queon's hospital nf
tho expenso of tho society, tho ag
gregate number of days' treatment
A resolution was passed pro
viding for semi-annual meetings
in January and July.
A unanimous voto of thanks
was toudored to Mrs. Win. G.
Irwin for bur munificont Christ
mas donation of $750 for tho uso
of tho Bocioty, as well as for tho
interest sho has manifosted in its
CITIZKNV UCAItU lUEKTINM.
Mnrdinl IJronn WiiiiIn tho Itlrin
ucrs lo PrnclUe Shooting-.
Tho mombors of Company 5 of
tho Citizens' Guard met in tho
District Court room last ovoning
and ro-oleclod Captain Georgo H.
Greeno and First Lioutenant
Schmedon. Archie Turner was
oleoted second lioutonaut.
Marshal Brown, who was pres
ent, brought up tho matter of tar
get shooting and said his depart
ment wished to encourago riflo
praotiso in tho Citizens' Guard.
For tljis purposo medals and bars
would bo offored for competition,
as follows: A bronze bar to all
mombors making 350 or over.
A silver bar to all mombors mak
ing 400 or ovor. A gold bur to
all members making 430 or ovor.
He thou read a long list of condi
tions to apply in tho contests.
All tho mombors then signed
tho annexation rolls and tho
meeting oamo to an end.
J. M. Poopoo will give tho first
of his law lectures to Mr.Coolho's
Gloo Club and others tomorrow
ovoning at 7:30 at Foster hall. It
has boon arraugod that no chargo
will bo mudo to tho mombors of
tho Young Hawniians' Institute.
ixrisioN ov noNrnoVEiinv nit
i wi:r.N two cni:rroit hoi'neh.
lliilli W'rrp Tiuiorent rnrllc mid llio
!,. Jtnt lliMimln Wlirre
It l'nlln. I
Justice Frear is author of a
unanimous opinion of the Supreme
Coui t ou the equity appeal from a
decide of tho Circuit Judge, in tho
suit of I). Lo3e, assigueo of tho
estate of M. S. Levy, a bankrupt,
vs. Then. U. Davies & Co., Limit
ed. The decree canceled a mort
gage held by the defendant cor
poration ou tho merchandise of
tho bankrupt, upon tho ground
that the mortgagor was insolvent
and that the mortgagee had
reasonable cause to believe him to
bo insolvent. This decree is re
versed by tho Supreme Court,
whioh finds that the mortgago is
in duo effect.
It is found that not only did the
dofendiuit believe Levy to be per
fectly solvent after its agreement
with him of August 1, 1895, but
also that H. W. Schmidt & Sons
who ultimately initiated the pro
ceedings in bankruptcy them
selveH believed him to bo perfect
ly bolveut after their agreement
with him of the same date; also
that tho defendant as not in tho
positiou of oue endeavoring to
obtain a preference over other cre
ditors, i'liu proposition for tho
now arrangement came from Levy
aud the agreement was entered
into by tho defendant, Theo. H.
Davies & Co., Ltd., more with a
view to futuro business than for
the purpose, of securing the past
indebtedness, and it actually sold
goods aud advauced cash to Levy
thereafter to tho amount of about
'It is immaterial," tho Court
proceods, "that H. W. Schmidt &
Sons wore innocent parties, tho
defendant also being innocent. Tlio
troublo has ovidently arisen
through tho concealmeut nnd
misrepresentation of a third par
ty, Lovy. As botweon innocont
parties tho loss, if any, duo to tho
fraud of a third party must ro
main where it falls.
"Tho qut-Rtion of tho effect of
tho possession of tho mortgaged
goods takon by the defondaut a
short timo beforo Levy's bank
ruptcy is not raised by tho pload
ings in this caso aud will not bo
A. S. Hartwoll for plaintiff;
Thurston & Stanley for defond
aut. IIOYAL. AIICH CUM' run.
Lint oroillcvrH i:ii'ctcdat Lmt Nlj;lit'
Honolulu Chapter, Royal Arch
Masons, elected tho following offi
cers last night to sorve for tho en
H E Coopor, M E II P; O B
"Wood, Kiug; W O Atwator,
Scribo; J K Wilder, Troasnror; T E
Wall, Secretary. John Cassidy,
Captain Host; John Phillips,
Principal Sojourner; J D Tucker,
Royal Arch Captain; A F Gilfil
lan, Master third veil; Chas. Wil
liams, Master socondvoil; W G
Ashloy, Mastor first yoil; B D
Thoro is butter and thoro is
buttor but thoro is no buttor that
arrives in Honolulu so sweot and
fresh as tho Mikilua and Waianae
Butter. Its rapid transit by rail
direct from tho dairy to tho Pala
ma Grocery's large ico box bo
conveniently situated opposito tho
railway dopot euablos us to
handlo it to tho best advantage.
No wonder wo aro doing tuoh a
largo buttor business, whon wo
aro soiling this fine buttor at 35o.
por lb. Palaraa Grocory, oppo
site Railway Depot, King street.
IIKOKCN III' IIV nDTI'.CTIVr KA
Ttirnlr-lo Nmnll Ily Arrrxril for
Itolililnc Hrtnll Nlnr'-Ncim- of '
(he Hlorcs 'lcllmUcd.
For a long time past Chas.
HuBtace, tho Kiug stroet grocer,
has been missing articles from
his store, such as tins of canned
goods, oranges, apples and such
like, and the frequency with which
tho articles disappeared has led
him lo keep a very close watch of
his stock in trade.
Yostorday afternoon about the
timo tho Bulletin was going to
press a reporter noticed a crowd
of small boys about the store and
found that Mr. Huitace had just
caught a small Chine-e boy in
the act of stealing a can of plum
pudding. Tho petty pilfering
had been going ou to such an ex
tent that Mr. II ustace concluded
ho ought to notify the police and
tho boy was sent down to the
police station aud held overnight.
This morning Detective Kaapa
had him in hand aud tho boy
confessed nver) thing. His name
was Ah Lin, half Chinese aud
half Hawaiian, aged 13 years. He
was tho leader of a band of Chi
nese and half Chinese boys who
bad made a business of pilfering
from nil tho stores in town for tho
past year. He gavo the detective
the names of all tho gang, com
prisiug twenty-two boys and a
partial list of the articles btolou,
only ouough being taken down to
secure n conviction. Tho plan of
operations was for one or two boy
to go into a store, where one of
them would inquire for livo cents'
worth of crackers or somo other
urticlo according to tho nature of
tho store. "Whon tho clerk would
start to weigh out tho crackors tho
boy would say, "Not that kind, I
want thoso ovor thero." This
would distract the attention of the
clork for a moment and somo ar
ticle would disappear whilo his
buck was turned.
At 10 o'clock this morning olovon
of the boys had been arrested and
an officer was looking up the
othors. Thoso airosted woro al
lowed to attend school today ou
their promiso to attend Court to
morrow morning. It is not likely
thoy will bo hardly dealt with, as
thoso arrested havo confessed.
Tho following partial list of ar
ticles stolou shows tho naturo and
oxtent of tho operations of the
iii in g Choi stolo 1 deck playing
cards and 2 pencils from Wall,
Nichols' storo in Juno, 189G.
Ah Chung stolo 1 dock playing
cards, 3 pencils and 2 largo mar
bles from Wall, Nichols' storo a
a few nights beforo Christmas,
Ah Wai stole 2 largo marbles
from Wall, Niobols' Btoro a fow
nights bofore Christmas, 189G;
wont with Ah Lin, tho lead
er of tho gang four times to steal
Ah Moi stole 1 ball and 1 largo
marblo from T. G. Thrum's storo
Ah Chow stole 1 bottlo of por
fumery from Japancso storo on
Maunakea street last Christmas.
Li Km stole 1 baso ball from T.
G. Thrum's storo on Christmas
Ah Lin, half Chinoso and tho
loader of the gang, stolo 1 whito
duck hat from Iwakami's storo
last December; 1 box of pencils
from Thrum's store a fow days
boforo Christmas; 1 match safo
from Hawaiiau News Company; 1
tin of plum pudding from C. litis
taco's grocery storo yostorday.
Grovor Clovoland will, if ho
lives until tho 4th of March, havo
ono distinction that no othor Pre
sident has enjoyed. Ho will bo
tho only occupant of tho "Whito
Houbo that has ovor ridden to tho
Capitol with two difforont suo-
iii:i.iuiiTt:i wiru tiir ikhest
1I.IKCI..N I'ltUM TIIK INLANIW.
Ilou Che I'arlllr I'uil Commercial
Trntrlcro' AocIhihi CfUbrated
Their Amiiinl Rltelluc.
A late Coast paper gives an ac
count of the annual meeti'it? and
election of ofllcers of tho Pacific
Conbt Commercial Travelers' As
sociation and the high jinks which
followed. At tho latter among
other items on tho program wero
a number of Hawaiian dances per
formed by Froda. a boauty from
Honolulu, whoever sho may be.
Tho newspaper account of the
affair is givon below, but evident
ly only convoys a very faiul des
cription of the way the "boys of
the urip" enjoyed themselves:
" It. II. DavM was the sire at
thu association's high jiuk. held
in the basement of the Native
Sons' Hull after the hour when all
lut commercial tourists hud re
tired to bed last night.
"Tho worthy siro was nssictei
in arrangiim a program by lL
S. Morgenthau, ehairmnn of tho
enteilaiiiiuent committco, and be
tween them they managed to get
every talented diummer in the aa
dienco to participate Some few
profe-oionals, engaged for the oc
casion, appeared ns umateurs
alongside tho impromptu siura
that bh-)t across thu stage.
"Freda, a beauty from Honolu
lu, delighted her audiouco for a
few moments with the newest
dances from the islands. She was
almost tame, as it were, compared
to "warm-belt" stories told by
"Thoeo storieB were eutiioly
"oulro nous," as Sire Davis said.
Ho added, also, that unwilling ears
might as well go outside aud lis
ten to tho patter of the rain. Such
stories as wero told nftor that wera
enough to mnko the earth qu.iko
with laughter as the sun gotn)
down in deopeuing blusheb.
"Tho attendance included eev
eral hundred travolors and their
friends, and beginning tomoriow,
as this migratory class starts out
on the commercial highway, thero
will bo a now epidemic of stories
sprung on tho unsuspecting coun
Head what Ayers Sarsaparilla did'
for tho Itov. Z. P. Wilds, a well
known city missionary in Now York
aud brother of the late eminent
"I was for many years a sufierer
from bolls and other eruptions of a
liko nature, caused by the impover
ished stato of my blood. My appe
tite was poor and my system a good
deal run down. Knowing tho valuo
of Aycr's Sarsaparilla, by observa
tion of tho good It had done to others,
I began taking it. My
almost from tho first doso ; then my
general health improved, and now it
is excellent. I feel a hundred por
cent, stronger, and I attribute this
result to Aycr's Saraaparilta, which
I recommend with all confidence as
tho best blood mediclno ever
For all disorders resulting from
poor or corrupted blood and goueral
llollister Drug Co., Ltd.
SoloAgonta for tho Ilepublio of Hawaii. -
. ae. a,