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f KA-rg The People's Paper is The Bulletin The People's Column is WANTS gi-
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Vol. Y. No. 1038.
HONOLULU, H. I., TUESDAY, OCTOBElt 11, 1898.
P III OH 5 OlJNTrt.
KAHAI ESTATE LOSES CASE
Yerdlct for Beckley and Tenants in
Adverse Possession Stands.
Judge Stanley Gives Judgment for Late
Alexander -Moore's Housekeeper-City
of Columbia Cass In Supreme Court.
A uuaniranus opiuion. of the
Supreme Oourt hns been rondored
in Iho ease of 0. V. Booth, true
toe of tlio estate E M'llie Kahai,
vs. G. 0. U"okley nnd others, his
touauts. It was na notion of eject
mont, for one, nnd six-tooths acros
of land lit Wnkiki. A jury rend
ered n verdict for the defendants.
Tlio plitiiititT appeal-d on a bill '
ox options comprising 21 piintfl.
Chief Justice Judd writ-s tlio opi
nion nf tlio Supremo C uirt over
ruling tho exceptions. Tlio law in
"Lititude allowed by tho trial
court on orosa examination of a
witness called by plaintiff, the
answer to which toodod to provo
tho defendant's case, is not rever
sible err r, unless it appears that
tho objecting party ia prejudiced
" Whro a person enters land
undor color of title, nuiW a mis
tako as to description and holds
adversely, continuously, openly
and notoriously for tin statutory
Seri id, a titlo by proscription may
e ncquired by him."
It ia explained by the Court that
tho verdict did not sMt'o that
Bockley'B grautor ontorod the laud
in dispute uudor a mi-t ki as to
the bouuds. Tho veidict was on
the cmund of adverse possession,
and doos not glvo Beckley a paper
title to tho laud. Mngoon, Sijli
m in and McClanahan for plaintiff;
Kinney & Ballon for defendants.
Judco Staulpy has deoidod in
favor of MakaPuaakiniiu her suit
for S1380 as housekeeper's wages
ngaiust tho estate of Aloxauder
Monro. Costs of plaintiiT are taxed
David Dayton, administrator of
tho estate of Narcisso Perry, de
ceased, by Magoon and Sillimau
his attorneys, petitions for an or
der of discharge and distribution,
tho balanco to orodit of tho estate
being about $12-10.
Judgo Perry's decrees in tho
steamship City of Columbia libel
cases woro brought before tho
Supremo Court thia morning
Chief Juslico Judd and Justico
"NVhitiug, present, did not allow
argument on jurisdiction or on
the merits to proceed until they
bad decided whether or not to fill
tho Court with n substituto for
Justice Frenr, nbsont. This 'hey
shortly did by sending for Hon.
Paul Neumann, and when he whb
Beatod tho argument began on the
quesiion of jurisdiction as u hear
ing the cases de novo and as to
issuing dpcroos or remand ng the
cases to tho Circuit Oourr f.ir de
crees in accordance wMi the find
iuL'f of tho Supremo Court.
Such was tho arunuiont, but the
real mutter was that of a bond for
roloising the vpssel.
Mr. Davis for Roso Berliner
argued that ho w.is ontitlod to a
hearing against tho absolute re
loaso of tho vossel by Circuit
Mr. Kinney for Russell Cole
grove .contended for a heariug on
the question of damages, against
Judgo Perry's fiuding that 815,
000 claimed was excossivo and
awarding of $1000.
At noon tho lawyors were still
Mr. Davis Baid that Judge Perry
oucht to bo cited for contempt of
Court if ho roleased tho vessel
when he know that nn appeal was
poudiug. It had been proved that
tho captain had made his client's
arm black and bluo, and counsel
wanted tho Suprorao Oourt to pass
upon tho facts. Ho wout further
into the merits of the case.
Mr. Hatoh replied that Judge
Porry had simply Biguod the de
creo, which enabled the raattor to
coma before thin (Jourt.
Mr. Kinnoy argued that Judgo
Porry had taken only a general
view of Captain Milnor's conduct
in hnnucutling null locking up
Russell Colegrovo. He found
nothing but an act of recklessness
on tho captniu's part, whoreas
counsol Btnceruly belioved a prima
facio caso of raalico had boon
mado out, nnd if so $15,000 wob
Mr. Caypless'in reply enid that
tho stoamship had as much right
to go into partioulars"'of its side of
tho caso ns counsel opposite had
done with theirs. This was not
tho timo for that course, however,
ind he submitted that tho Court
should not considor the arguments
on tho merits just advanced.
Tho Court adjourned for con
sultation without time. It la only
considering, nt the present junct
ure, whether it should lis n boud
for relensing the steamship, nnd if
so tho amount of the bond.
On tlit Urlillron.
Last night's football praetiso
was the bpst tint his taken place
this season, tho boys showed tho
riuht spirit nnd followod tho differ
ent plays with vigor and determi
nation. Twenty-two men will be on tho
field tonight, raakiug two full
teams. Tho coach and captain
expoct to bo ablo to tell what
the team will consist of after to
This year's captain will bo elect
ed on the field tonight just boforo
practise. Mr. A. V. Camp, nn
old collego plajor of Texas and
Virginia, is the raau who should
fill tho plsc, because ho is a man
of expononco, cool headed and a
Hue man nil around on the grid
iron. A biiB will loavo at the corner
of Foit nnd King Htreets, nt 5
o'clock thia afternooufor tho pur
pose of aiding tho boys in getting
to the grounds.
Lftllutll lluul Club.
At a meeting of the Lnilnui
Boat club held in the basement of
tho Hnwaiiau hotel last night,
there was a very good attendance.
Prince David Knwnnanakoa pro
sided Boit houso matters were deferr
ed until more money is subscribed.
It was docidod that tho present
officers should remain until tho
completion of the boat house.
Officer Toma has been arrested
for assault and battory on Knoo
da, anothor Japanoao. 3 :i
A. Spillner, a bou of Captain
Spillner, has takon a poaitiou on
the Mounjod Pattol.
Joo Kaimihau, olork in the re
ceiving station, is sick in bed.
Mounted Patrolman Bixty has
been givon a vaoition of a woek.
Police Court Note.
In tho polico court this fore
noon tho following cases were dis
posed of Ah Chan aud Ah Sing
opium in possession, 50 and costs.
Joo Barriop, foruory, bound ovoi
to tho Circuit Court.
T V. Twiuniug Hiul Mr. 8ydnoy
E. Morso left ou th Kinau this
morning for Hilo. Wtiilo there n
concert will be givou and a trip
made to tho Volcano. Ou their
return to Houolulu a couoort at
popular pieces will bo given.
Royal snake the food pure,
wholesome and dellcloat.
KOVAl BAKINQ POWDCR CO., Mf-W YORK.
HILO'S REPUBLICAN CLUB
It Has a Meeting and Finds ItseK in
Death of Henry Porter Bank Prospectors
About the Town Social Club
Tho Hilo Republican Club met
in the Court Houso Tuesday
night. Ono hundroJ and twenty
threo members nnswerod to the
roll call: tho two absont ones wort
busy fixing up nominations for
ollio s lu Ji.K iiud could not bo
Tho object of the meoling was
to cousidcr n proposod chnugo in
tho by-lawj, making fifteen, in
steud of twenty-(ivo members suf
fieiont to coustituto a quorum.
Tho motion to nmoud tho by-laws
was not acted upon and discus
i-iou on tho proposition to erect
n building ou Bridgo street
out of tho funds in tho treasury
was deferrod uutil noxt regular
meeting which will take place noxt
month at oiuht o'clock.
Messrs. McCaudless.Zablan and
Pollock have succeeded in organi
'Aug a stroug social olub in Hilo.
It ib composed of a number of
youug men who nre foud of dan
cing nnd it is their iutoutiou to
orect a building in Kukuau ou a
piece of laud tho lease of which
ihey have recoutly acquired.
Tlioro will bo a quintet club or-gauiz-'il
among tho members and
musiu furdnia-iug will be furnish
ed ly tho mombers.
Henry Porter, for nearly a qunr
ter of it century past an houored
residout of Hilo, died last Suudny
morning nt his residonco on Plea
stmt i-treot, nnd w.is buried from
tho Foreign Church on Monday
Decensed had been confined to his
bed for several weeks Buttering
from fttoimteli trouble. He had
two severe hemorrhages from
which ho could not recover owing
to his weakened condition. Tho
funeral eorvico was conducted by
Utiv. J. A. Cruznn, assisted by
Hov. O. AV. Hill. Tho coffin,
plncod in front of tho platform,
was completely covered with floral
tributes Tho pall bearers were:
O. O. Konuody, Olios. Furnoaux,
L. 8everauce, N. O. Willfong, E
N. Holmes, II A. Lyman, Heury
Denoon and F. S. Lymau. Tho
church was orowded with friends
of i hi) deceased and tho remarks
of Mr. Cruzan wero listened to
with great interest.
V. U. Irwiu arrived in town
last Friday and left early Satur
day morning for Kau. A baud of
native siugera sorouauded him ni
tho residei.co of F. L. Winter bo
foro triad) ptrtnre.
It ia stud that two gontlemou.
ropreson ng different syndicates
iu tho Stn.es have boon in Hilo
dor ou th - pint week securing in
formation relativo to tho founa
'inn of bxnkiug institutions.
Hawaii Hornld, Oct. G.
Haiti Tliut CouiinlKloni'm Will IM'iiutml
All 't Luzimi,
According to a rumor circulated
in tho roost reliablo quartera of
Washington, Precident McKiuley
uns wired tho following iustruu
innH to tho U. S. Ptaco ConimiF
riionora nt Paris:
1. That the United States only
and Spain onj'yoqual eommeroinl
claims Luz n in the Philippines.
2. That both the United SUtes
rights throughout tho Philippines.
I). That the Spanish Govern
ment undertakes not to nliountc
any of its col uiis.
It in added by tho Yomiuri that
President MeKiuley ia resolved
'hit the condition shall bo setthd
heforo tho last Thursday (Thnnk
iving day) in November next.
There will bo another meeting
of the CommiHsiouorB of Educa
tion Thursday at tho usual hour.
ASKS FOR REINSTATEMENT
W. G. Aclil Makes a Second Application
to Supreme Comt.
He Ulons HlsBuslness, andEectlonjoHouse
oi Represeniaiive and council or j jj,
William O. Achi has ronewed
his application to tho Supreme
Court to be readmitted to tho prac
tice of law, from which ho was dis
missed in May, 1803, on a charge
proferred by the Attorney General.
Since his dismissal, he snye, he
has been engnged in the business
of real estitn broker. He men
tions that his former similar ap
plication of August, 1807, was
recommouded by J. Q. "Wood, J.
L. Knulukou, J. M. Poppoo'nud
W. It. Castle, mombers of the
Bar, also eudorsod byjAttoruey
Gonoral Smith and John F. Col
burn. Another plen Mr. Achi makes
ia his election from Hawaii as n
tnembor of tho Houso of Repre
sentatives by nn overwhelming
majority, aud his election by the
Houbo us a momber of the Coun
cil of State. A recommendation
in Hawaiian to Mr. Achi's petition
is signed by Enoch JuluiBon, C
L. Hopkins aud John Phillips.
L. A. Thurston writes, counter
signed by Cecil Brown: ".It
seems to mo tliut Mr. Aulii might,
without detriment to the public
interests, bu given tho opportunity
to demonstrate that ho is tit to
practise before tho courts." P.
Li. "Weaver writes: "1 uavefouud
in tho courso of moro than n year's
aim -t w. O
Achi, involving many thousands
of dollars, that his word is ns
good as his writteu promise, aud
to bo relied upon."
I It a Itnco I
From the looks of things, there
will bo a race between the Kinau
and Mminn Loa to Lahniun.
Tho Mauna Loa staited out first
and ns she passed tho Kinau, tho
latter swung out and followed.
If tho Kinau attempts to pass
tin Mauna Loa it is not reasonable
to Bupposo that tho latter will just
simply let hor pass.
Again, it is not ronsonablo to
supposo that tho Kinau will be
-ntisfied to remaiu behind the
Mauuu Lua all tho way to Laliai-
Whon passing! Diamond Head,
tho Mauna Loa waB 100 yards
ahead of tho Kiunu and nt 12
noon, while the boats wero twonty
miles on tho way to Lahainn, they
woro nbronst of eaoh other. Both
woro going abend nt a rapid rate
of speod nnd, to nil oppearancos,
coal was being piled on by tho
Lodgo lo Proyres de 1' Ocean io
No 121 A. &A.S. Kito meets to
morrow ovoning. Work in Third
Degroo. SeoNewTo-Day for notice.
Princess Kniulnni nnd party are
.siill ut tin) Minion homo of James
Hojd. Thpy will return in two or
ITH.M8 OF INTHKKST TO I1IOYOM-:
RubNr Is very scarce and Utility ajvandnc In
price. Illcyclei llrcs anJ lutvs, alto Carriage tires
are likely to aJvance In rrlce, so emu a I'AlK aJ
vance already on some tires. NO AOVANCb
The o Inch wheel Kill not take the place of tha 28
as alverllseJ by some manufacturer In 09. canvass
of various makers lias resultei In an estimated, ol
from 1 to 10 per cent. "The iCycle Ate" saj s It Is
a passing fad, like the )olncl) front wheel of a few
years acu, And the very low head of this year pro
portionate strength has to be followed out to Insuru
reliability which gains and keeps the popular favor.
Illcycleswlll be JoLorated. and appearance In '40,
studed even by thrive mikers who have held back
from using transfers striping, etc , the demand Is
for decoration and II kes will be ornamented to suit
the taste ol the purchasers.
BAILEYS HONOLULU CYCLCRY, i King
street has good second hand wheels at S15, with new
tires$ioto$, NLW Bicycles J)o '07 model The
Reliable Stunner Wheels 'oS cnojel at $40 guarantied
1 ear, M and W tires.
Repairs of all kinds.
$1 per nvinth keeps your Bike cleaned, oiled and
punctures reralred a popular feature at
231 King Street.
ANOTHER FLAG RAISING
Stars and Stripes Will Fly from School
Resolutions to That Effect Adopted at G. A. R.
Convention In Cincinnati Instructions
Soon to Arrive.
Tho American flag is soo'h to fly
from every public school building
in tho Republic oC Hawaii just as
in tho United Stites.
News to this effnet was received
by Dr. Griffith of tho military
hospital by tho la3t steamer from
tho Coast. The letter caino from
Dr. Griffith's fathor who, nB n
delegate, nttondod tho recent con
voution of tho G. A. 11. iu Cin
On that occasion, tho matter
was spoken of and resolutions
woro pnssod to the effect mention
Instructions to Col. Barber will
undoubtedly nrrivo on tho nexi
steamer and thou active prepar
ations for the gonoral ilag raising
will bo mndo. Tho Geo. W. Dr
Long Post hero will do tho actual
As yet, tho Honolulu Post has
receivod no instruct!ous but it is
probable that theso will como to
gether with tho instructions of
In tho United States, the G. A.
II. tins tho privilege of doing what
it proposed to do hero, iiow that
annexation has been accomplished,
fho polo and 11 igs will all be
furnished nt tho exponso of tho
G.A.R. ' '
11. Jny Groone, a prominent
member of the loc.ilPostsaid this
morning: "The raising of the
Americun ling over tlio public
eohool buildings ou American
territory, is dono puroly fmui nn
educational standpoint. It is
meant to givo tho childrou who
attend tho schools, n lesson iu
patriotism that is beforo their
eyes every day."
Prof, and Mrs. Carl Hertz loft
for tho States in tho Doric this
J. N. K. Keoln has been ap
pointed clork of the Girouit Court
of Uui. Ho left for his new po--.ition
.Tnstir.n Frear did not leavo for
Wnahincton in the Doric, having
locided to wait for tho Mariposa
Only tho relatives and a few
immediate friends hnve boon in
vited to tho Spoucer-Smithies
nuptials thiB evening.
Meeting of tho Golf club at Dr.
Howard's, King street, this evon
ing. Those who wish to becotno
chartor mombeiB aro expected to
Dr. Carmichael wont out to tho
Doric iu tho pilot boat yosterdny.
Ho watched tho work of examina
tion of tho Chinese and Japaneso
immigrants by Dr. Day.
Tho first regular mooting of tho
Ynnnrt Men's Research Olub will
i,.. lipid Vridav oveniug, at 7:110
o'clock, in tho pailois of Oontral
O, V. Sturdovant will on the
ifiTii loavo the Davey Photograph
f!n 'n show room to tako a book
keeper's desk in tho hardware de
partment of Thoo. U. DavioBcfe
T.nrfrrn In Procres uo I Uooanio
No. 121 A. fe A. S. Rito will hold
n snnnial moetinc at their hall in
MtiBonio Temple tomorrow night.
Work in Third Degree. See New
At a mooting of tho Board of
officers of tho First R igimout last
night, tho following coium.tieo whb
appointed to uink arrangements
for tho ball to bo givon in houor
of tho officers of too Army, now
hero: Major Jones, Ospt. Pratt.
Cnpt. Ashloy, Oapt. Sra th nnd
PIlKHlUnNT DOI.KVS T1IIP.
Ilia Con- In Haw II on lliisl ii-nn ot
Among the pitgeengorB in tho
Maun I-iJfi thii mi ruing wero
Prositlout Polo (U)d. .Judge Stan
ley. Tho Mauna Loa will stop nl
Mnhukona during the present trip
to Innd Judgo Stanley, whilo Pre
sident Dolo will go to Kiliolo.
The reason for the departnro nf
Pro3idont Dole is this. Uo has
nlrendy signed a commission for
Judge S anley to act in'plncoor.
Judge Hitchcock, during tho hit
Judgo Hitchcock ia wry ill in
Hilo and, iu caso ol hU demieo,
which is fiiued, it w.mlil be ut-cca-tary"
for a new c muiiicion for
Judge Stanley to ho sigutd by
Presidei.t D Io.
In order that it will not bo ne
oessiry fur tho term nf the court
on Hawaii to bo suspended in uao
ho worst hi;.p;us, l'roidoi.t Dolo
has goue along with Judt Shu
ley. Assniilfetl u. riilttiiinmi.
A O liunman was bndly iifs tailed
nt the corner of B retimin and
Nuuanu street, Sunday afternoon.
His lip was torn bo that tho gum
nf tho teolh were exposed. Tho
assailaut clitnbfd the feuco am)
got away. Deputy Mnrshal Chill
ingworth sent men out and, at
night, had tho satisfaction of
catching tho man himself. Ho
uns iu a swipns joint. The fellow
found to bo tho boat boy, Pahu
ktlii. Wnliilim .llrrtliiir.
Thoro will bo n preliminary
orcauizntion moetiug of tho pro
moters of the Wninltm Plant. tion
Company at 1 o'clock this nftor
noon nt the otllco of CiiBlle A
Cooko" Ltd. Ono -"of them snys
everything will bo couplod up in
a few dnys now. Ollicers will In,
o'octed afte th chartor is receive d.
Thou stock will probably be nl
loltod to applicant nn tho out
side iu tho order of their entry on
Deputy Marshal Hchcook left
this morning to be at the bedside
of his very sick father in Hilo.
Tomorrow two steamers aro ex
pected to arrive in poit. If yon
have a vacant room to let advertise
it in tomorrow's Bulletin
WANTS and got an occupant.
Lot vour wants be known in
Tho 37th roport of tho Yoko
hama Sj.ecio Bank Ltd. shows an
iucreneo iu the capital paid up of
3,000,000 you nnd iu tho Resorvo
Fund of 493,000 yon. Tho Direc
tors recommend n dividoud at tho
rate of fifteen per contum, per
annum on tho shares of the cor
poration. Tho total dividend
amounting to 075,000 yon.
Quiet reigned supremo on Fort
street Satuiday night. Polico
otlicers were abroad in both uui
fortiiB and citizen's clothing and,
had thoro been any trouble, thoro
wero enough pruseut to attend to
the business of tho polico depart
ment. Preparations for tho Co. D ball
to bo held Thursday oveniug in
clude n big improvomout iu thn
tloor of Progress hull. Tho floor
will bo properly waxed and put tn
iiist-class condition under tlio
diroction of F. B. Oat. Thia
uieanB much to tho dancing pub
Highest Honors World's Fain,
Oold Medal, Midwinter Fair.
A Pure Orape Cream of Tartar Powtfts.
to YEAPS TTn STANDARDS
JW.s. .-. 'ifj. .
.. ...wJ.j. Jill '.iifU'illTta j