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Evening Bulletin
The Bulletin Speaks for American Interests in Hawaii.
President
McKlnley
Upholds....
American
Rights
In Hawaii.
Vol. VH. No. 1305.
HONOLULU, H. L, TUESDAY, OCTOBER 31, 1899.
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BRITAIN READY
FOR OPPOSITION
WAIAIUA CASE DISCUSSED
Now York.Octobor 23. -A cable
to the Tribune from Lo.don soys:
The sailing of tho channel Bquad
ron to-day for Gibraltar is now
regarded by tho keenest observers
bb an indication that some unex
pected attack upon British inter
ests is poasiblo. Tho magnitude
of the preparations for war, whioh
are ont of all proportion to the
"requirements of the military situ
ation, can be adequately explained
on tho thoorytiiit the Govern
ment suspected that tome great
power would be ti'-npto.! to seize
tho opportunity f r sinking a
sudden bio or uirryiug oat a
deeply cherished policy.
The quarter from whioh an at
tack of this kind may cuuo is un
rnjatakablo. Tho .Russian press
has had liconso to criticise tho
English policy in South Afrioa in
the most acrid way, and tho rumor
that Herat may bo occupied is al
ready intho'nir. British com
mercial interests in Persia are so
largo that the Russian toizaro of
the commanding position in Wes
tern Afghanistan would be a ser
ions etroko aimed directly against
free trade, and seems a more like
ly mouaco than the forcing of the
Dardanelles by the Kosaian Black
sea fleet. The movement of tho
powerful French float to tho Le
vant coincides with tho circulation
nf n rumor that tho Rnssian ad-
vnnco inav be resumed in Asia
whilo Englund is procoupied with
iho war in Sonth Africa. It also
fits in with tho explanation of a
Beoretogroement- betwoeu Jhnginnd
: und Gnrmany.
London, October 23. Tho sen
sational rumoM of Uib dosignsof
foreign powers iuimicul to British
interests meet with scaut credence,
though it is admitted it is difficult
to explain tho imeneo force on
land which Great BriUiu is now
mobilizing.
TK OLENCOK FlQlir.
Attorney J. A. Magoon Gives
Oploions at Length.
His
New Slock Issue Is Not Wholly Approved
Reduction of Dividends to the Smaller
Stockholders.
BRITISH VICTORY AND RETREAT.
Boers Vanquished, But at Terrible Cost to
Brltaln-Natal and Other Cities Still
Seriously Threatened.
London, Oct. 81. The diB
palohes recoivedfrom S uth Afri
ca leave no doubt that the BoarB
failed in their endeavors to exo
cuto a combined attack in Natal
aud that tho British have achieved
n brilliant victory, but nt a cost of
a hoavy list o killed end wound
ed-
The Boer plan, it wo9 evident,
was to hold tho force at Ladysmith
by demonstrations of the Freo
Stato Burghers on tho western
'eido bo as to prevent reinforce
ments boing sent to Glencoe. The
latter placo was to be isolated by
cutting tho railway between it and
Ladysmith. Finally a largo force
was to make a 'converging attack
on Glencoe.
Tho first two itoms of the pro
gram were successfully carried
oat, but tho combiued operation
upon Glencoe failed, owing, pro
bably, to the fact that the Boer
military orcanization is too roach
and amateurish to bring large
forces into simultaneous aotion.
It is believed that only 4000 Boers
were in the actual action. A re
port says that 9. 00 more wero ad
vancing from nattiugpruU and a
division of tho Leicestershire rogi
ment was sent to hold thorn in
check", but, as already cabled, this
forco ie now in retreat.
mm mi
About llauwll'a t'xlilplt.
Minister Mott-Smith has receiv
ed nothing from tho 1'aris Expo
sition authorities in regard to the
exhibit from Hawaii. Tho last
hoard was simply the acknowled
gement of tho reooipt of tho tele
gram from Ministor Mott-Smith
stating that an exhibit would, in
all likelihood, be arranged for.
DltxiiMvd Hamoan Alltilri.
Washington, October 2d.'
-The
German Minister, Mr. von Mumm
and Mr. Eliot, tho British mem
ber of tho Samoan Commission,
today had interviews soparatoly
with Soorotary Hay touohing the
Samoan affairs.
Editor Evening Bulletin In
tho mattar of the proposed in
crease of capital stock of tho Wai
alua Agricultural 04. 1 think that
the question first to be considered
is, whether or not tho stockholders
of the W. A. Co., aro under any
legal obligation to increase the
shares of the Company, to mako
good tho over subscription of
31,000,000? To this question
thern is only one answer: They
aro not. The directors of the
Company could not, by, any pos
sibility novo done an act unautbor
ized by the (Juarter. It la bo
plain that any suou aot as an at
tempt to over subsoribo the stock
was unauthorized tuat it suouiu
not reqairo argnment to make it
plainer. If the chtrtor limits tho
capital stock to $3,000,000, is it
possible that aoy one will contend
that any momber of tho Company,
bo ho President, Troasuror, Direc
tor or otherwise, could inorease
tho capital stock to 84,000,000
simply by allowing or procuring
subscriptions to that amount.
Then if any such person or per
sons allow such over subscription,
can tuo BtooKUouiers do in any
wav liable? Oortaiuly not, na
such Rots would bo absolutely and
wholly illegal, and entirely be
yond the scops of their authority.
Any poiBon or oiuinary indul
gence knows that tho principal
is only bound when tho agent nuts
within tho ecopo of IiU authority,.
and the oiheera of this and every
Corporation are bound by this
common seuau rnlo Ho the bug
bear of any liability of tbo Com
pany iu this mttter may b dually
dismissed.
It is not uecessary to go farther
and ascertain wbat.if any romody,
those'oxcessivo stockholders have
against Mr. Dilliugbam or Castle
fc Cooke or the Directors who
permitted over subsoriptiou. They
may or may not be liablo.Thongh it
seoms to bo takon for granted that
somo one is liablo, it is by no
moans settled that any one is
liablo.
Firstly. It must be qonccdtd
that it was' never contemplated
either by tho subscribers or those
obtaining sutsoription, to sub
soribo for or to receive subscrip
tion for shares whioh tho Com
pany had no right to issue, in
other words it must be con
ceded that subscriptions were
solicit-d and obtained only for
shares whioh the Company could
issue. II thero wero subscriptions
in excess of that, it becomes a
question as to whom are the legal
subscribers. Those who subscrib
ed illogally or what amounts to
the same thing, wuo obtained no
shares andor thoir subscription,
would hardly seem to have any
redrese, what injory have they
sustained ? Their subscriptions
wero void. The agreement, if any,
under whioh tho subscriptions
were made was to get something
that existed and if no atook exist
6d at the time of thejr subsorip-
ion by reason of all the stock be
ing sow, mai is ineir miBioriune.
It would seom that tho most that
anyono ought to be held liablo for
would bo to return tne amount
paid with legal interest. This
would be about tho eame as a cov
enant of warranty where thero is
a failure of title tho purchaser
cots baok his purchase money on
being doprivod of tho goods. The
effect of tho implied warranty in
case of a sale is to retarn tho pur
chase price if tho title is defeotive.
Might not tho salo of this stook, if
it may bo called a Bale, be com
pared to an unauthorized Bale of
London, October 24, Tho Par
liamontary Sooretary of tho For
oign office, George Wjndham, in
tho Houso of Commons todav an
nounced that Field Marshal Lord
Wblselcy, tho commander- in-chief
of tho forces, sums np the situa
tion in Natal today as follows:
"General Yule has fallen baok
to effect a junction with Sir.
George Stewart Wbito. He
oampod yoatorday evening about
sixteen miloa south of Dundee,
without seeing anything of tho
enomy during tho march and it
! r - i-. n.-i .in.
uas since ueeu repunpu iuui uu n
well on the Wuiohbauk-river.
"General White fought a bug
coastal action with an Orango
Free Stato forco today on the road
between Ladysmith and New
castle and should join hands with
Genral xile this eveuing.
"General Yule report that hiB
wounded aro doing well.
"Tho Boer wounded on our
bands aro threated just us our
own and I "bavo ovory reason to
believe tho Boors will treat any of
our wounded in thoir hands in a
similarly huruano mannor."
In somo quarters tho view is
ALTAU T, ATKINSON HOME
Has Been In Washington Two Months
On Census Bnsiness.
quarters. As, however, communi
cation between Glencoe and Lady
smith, which was thought to have
been restored by tho British vic
tory at Elands Laagto, has nglin
been broken by the destruction
the railway bridgo at WaBohbauk,
north of Ladysmitt), and botween
Elands Laaglo and Gleucoo tho
difficulties of tho British com
mander in natal, General Sir
Goprgo Stowart While, iu re in
forcing Glencoe, have been enor
mously increasod aud until the
British farces at Lidysmith and
Gloncoo aro re-united ondtho
main body of tho Boers ia brought
up, the situation mast remaiu dis
quieting for tho British.
Tho vacuo aud varied estimates
of Boer losses and tbo absenco of
any official information on the
subject are also arousing misgiv
ings as to whether the beaten
enomy suffered proportionately to
tho disastrous looses olthe viotors.
One of thtt moat dibquieting stor
ies comes from Ladysmith. It is
to the offeot that an Euglishmnn,
who arrived thero from Dandoo
on Sunday evouing, after escaping
turourm tuo Boor lines ou tuo
Comes Back Completely Satisfied With Bis
Work Received Courtesy at Hands of
Talk On Census.
takon that tbe second attack of previous uiht, said that the en-
tbe Boers has actually occurred eray wno then shelliog the camp
and was bo successful that Gen- and town with heavy gnus, while
oral Yulo'a withdrawtl was ira- tbo shells of tho BrilUh wore uu
perativo and urgent to tho oxtout ablo to reach tho enemy's bat
of compelling him to leavo his tories.
hospitals in tho baud a of tho Tho latest advices from Kimber
Boors, whilo the moro sauguine ly, Under date of October '21 said
express tho opinion that Geuoral the' Doer attack was still pending
Yule fa. from retreating, hss in an I that largo Beer forces in the
reality advancen to meet tbo attack neighborhood had destroyed big
threatening Glencoe, leaving Dun- hccUoub of the rnilroul line, north
do behind, safely sholtorv'd from.nnd soalh "Of the town. Many
a Boor assault. ' fugitive from neighboring villages
In tho absonco of authentio have been iniprisound by the
hows, thero aro a nnnibor of con- Boors. Sivaral ladies, hearing
tradictory rumors afloat, but tho I th"ir husbands had been captured
reasonable interpretation of the i visited the Uner camp anu wero
various reports seems to indiotta I courteously rocoivod. Their inter
tbnt thero was sorab artillery ; cession for thoir husbands was
practice at Gloncoo Saturday and 'successful and the o-uuited fam
Sunday, but no fighting at close ilii's have arrived at Kimburly,
Alatan T. Atkinson returned in
tho Gaelio this forenoon after
having boen absont about two
mouths iu Washington at Work
with the cousus ofiioials. In an
intorviow this forenoon Mr. At
kinson had tho following to say:
"Daring my stay in Washing.
tong I rocoived uniformly court
eous trotment from Govornor
Merriam, Director of tho Consus,
and tho various gentlemen of tho
staff. -I bad an oflico in tho Census
building and received all possiblo
assis'aueo from tbo meu I have
mentioned. When I spoke with
them ou tho elimination from Ha
waii's census of certain points in
cludod in tboconsm of the United
States they trustod to my judge
ment and readily acqaiescod.
"I have been givon full power
to conduot tbo census hero. All
commissions will come out in
blank and will not be yalid until
countersigned by mo. The six
schedules to bo used wero nil
completed hoforo I loft for home.
1 saw proofs of mot of thorn.
"Tho oQlca her will be opened
up at ODce, tho officers to consist
of myself as Special Aaont lu-
Ohief, two special agents Mid a
stonographor whoso names I bin
uot give you at tho present time,
"Tho opaniug of Uih oflico
forthwith is fur th purpiso of
districting tho Islands preparato
ry for tbo work which will be
rushed through ou tbo first of
Jane, 1'JIU.
"1 may say, in closing, that my
work in Washington wab a com
plete success and I feel satisfied
with the foundation that has boen
laid."
JAIL ATTACKED - ,
it VJW
WAIANAE
By Mob of Hundred or Mora Chinese
Contract Laborers,
First Attempt Last Evening Another At
tempt This Morning Driven to Quarters
by Police and Lnnu.
THE ORDER OBEYED
Continued ou Page S.
It will be romembered that tho
Bulletin of yesterday publishod
exclusively Minister Young's in
toution with regard to tho King
street nuisance. Yesterday after
noon Manager Pain of the Tram
ways Co., was Borved with an or
der to put that portion of King
street in the vioinity of the Opera
House in the same condition in
whioh it was beforo tho ground
was torn up to pat in another
track. The attornoys for tho
Tramways Co. wont to court again
and appealed to Judge Perrjr for a
modification of the hjunotion in
order that they might bo allowed
to finish that part of tho traok for
whioh the street had been torn up.
The peremptory order from tbo
Interior Department was offered
in support of the motion.
Judge Perry denied the motion
so the Tramways Co- was forced
to begin work at onoe. The la
borers have been so many nna tuo
work bo active today that the
street is all but back agaiu in its
original condition.
rtliodci atlcUt to Klmtierljr.
London, Oct. 21. A special
dispatch from Capo Town states
that a message has boen receivod
hero from Eimberly stating that
Cecil Bhodes. has been urged to
leavo tho town, but refuses to do
bo, being determined to Ben the
thiug through.
Amoug today's departures for
Hilo aud way ports on tho Kinau,
were tho following: G. P. Wilder,
F. Godfrey, J. A. Scott, Paul
Jarrett and family, W. 8. Dole
and wife, and B. A. McDonald.
TROUBLE BREWING IN GUAM
TUB OPBKA TO-NIOUT.
Now York, Oatober 23. A apo
dal to the Sun from Washington
Bays: Tho nativeB of Guam aro
causing trouble to tho American
authorities thero. Captain Leary,
tho Governor of tho island, has
Bent an urgont request for rn en
forcements and the Navy Depart
ment and Brigadier-General com
manding tho maiino corps today
issued orders for argamenting tbo
Guam garrison by a battalion of
marines. Saveral sections of this
additional force, 850 men in all,
will leave their various stations for
San Francisco as Boon as possible.
They will sail thence for Guam on
Army transports.
Tho Navy Department is roti
cent about tbo news from tho Gov
ornor, but unquestionably it was
sent to Manila by ship and tele
graphod thence. A few weeks ago
the Navy Department reoeived no
tico f.om Governor Leary, who
sent word by .telegraph from Ma
nila tbat no bad leaned a procla
mation asseiting tho authority of
tbo UnHed States oyer Guam and
calling on tho natives to observe
tho laws of this Govornmsnt.
The long looked for opera sea
son will commonco tonight and
naturally aooioty is all agog ar
raying gowuu and other decoration
for tbo event. It will bo a brilli
ant affair from start to finish, and
ono would bo amply repaid jmt
to catch a glimpso of tho array of
boauty that will be on hand in
gorgeouB attiro to welcome the
fanaors Lyrics.
The box office will opon at 7
o'clock at the Opera House for the
sale of seats and gallory ticket,
aud tho doors will open at 7:30.
Tbo curtain will riso promptly at
8 o'clock without fail.
Four polico officers wero dos
patchod to Waianae plantation by
Marshal Brown in tho morning
train, the objoct boing to assist
tho Waiaoao police in tho pre
eorvation of law acd order.
At about 8 o'clock last ovoning
Marshal Brown received tho in
formation that the Chinese con
tract laborers of tho plantation
had just mndo an attempt to rescue
fkom tho Jul a countryman and
follow laborers of theirs who had
b'on finedSSOand costs dar ng tho
day for assault with a dondly
weapon on a luua.
Too ObinamAU had pounoed
down on the jil armed with such
crude woapom as they could find
bat tho four or fivo policotnou to
gether with tbo plantation I anas
who had rallied to their assis
tance, stood Iuhiu olT und finally
succeeded in making them return
to thoir quarters.
This morning early Marshal
Brown recbiwd another tolephone
mossago to the effect that a hun
dred Ohinoeo oontract laborors
had just mado naothor attack on
I the jail but tbo force protecting it
bad been increased during tbo
night and the riotors wero drivon "J
poll mull to thoir quarters at tho
end of pointed rifled. Warrants
will be ismoi during the day for
the arrost of tho ringleaders, un
dor the charge of rioting.
The fpnr pilico officers des
patched' by Marshal Browu'will
romain ov;r nig t at Waianao.
m
Jaimnfae Captured.
A eeomingly deraontcd "Japr
neso was taken to tlio ;P ilico
statiou this morning by tho horse
trainer Mannakea who makes the
B' dement that he caught tho fol
low far up in iuuauu Yalloy run
ning about on tho mountain sides
like a wild man. To all appoaran
cos tho man is plantation laborer
who, being oaugbt, is shamming
iiianntlv rrlin nlinrrn ef tnv-Ao!,
IU3UUI.II UbUW VMtJ t&
cation" b
Humor of Intervention.
Paris, Ootober 21. Tbo Me
morial Diplomatiqno and the
Corrior da Soir learn from differ
ent sources tbat immediately after
the tirst.fow fights in South Afrioa,
tho great powers will interfere
uuder tho terms of The Hague
convention. i
gatior
him.
las
investi-
been lodgod against
Til PnraiUie Hoi t.
The Paradiso ofth Paoifio for
somo years past owned and aKj
oouductedby Frank L. Hooga, has
boon sold to tha Audin Pablieh
ing Company.
To nival Maraoit.
Washington, Oct, 21. Proposi
tions for partitioning the Samoan
Islands among the powers signa
tory to tho Berlin treaty have not
corao from tho United States, as is
announced in Berlin, bnt from
Germany.
Dr. Posey, specialist for Eya
Ear, Throat and Noso diseases and.
Catarrh. Masonic Tomplo.
FUNHTON TO TI1K FilONT'
Washington, Oct. 21. Follow
ing aconforence betweon tho Pres
ident and Seorotary Boot, tho
latter tolographed to General Fre
derick Funston the tender of a
brigadier gonoralsbip in the new
ly formed volunteer eeivico.
Uakland, Uot. 'i iingadier
Goneral Funston will tomorrow
wiro his aceptance of the appoint
ment of Brigadior Genoral tender
ed him today by tho War Department.
HAMILTON, BROWN SHOE CO.'S
"HIGHLAND CALF"
"Own Make"
$3.00
SHOE
MP A J.
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FOR MEN
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For Salo by Manufacturers' Shoo Co., Fort St., Sign of the Big Sho9
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