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jf - ' " Who is Your Favorite- School TeacherT '"WPI '" li "lH r: M Evening'-' Bulletin KI 1 f VOTE EARLY AND OFTEN. ;;8ipu, 'tk Vol. VIJI. No. 1523. HONOLULU. H. I.. FHIDAT; MAY d 1900 ' 'Prick 5 Uyn. M Vol. VIJI. No. 1523. u I ' n I 1 I (I If MR COOPER LOSES GASES Three Celtbrated Roman Mansion Salts Decided by Supreme Contt. Meo Law Liberally Construed (o Advantage of Mechanics - Widow's Dower Cue Decided. JuBtlco Whiting Is author or a una nimous opinion of tho Supremo Court signed by Justlco Prcar, tho writer iidiI Judgo l'crry in Kauimakaolo Lazarus vs. Aloxander Lazarus, bill to nd-1 measure dower. It Is an appc.il 'mm Judgo Stanley, who decreed agdnst' a bill to admcasuro dower for the ' widow of the lata Joseph Lazarus on i certain real estate. Tho Supremo Court sustains tho decree. Joseph La zarus bought two lots at auction and tho patent for both were Issued in his uanif, but in paying a dcpo3lt of 25 per cent for ono of them bo told .Tas. II. Boyd, clerk of Government lands, that this purchaso was for another prison. Later his son, tho defendant Alexander Lazarus, paid tho balance on this lot. tooic possesion of and Improved it The main point of tho decision Is that a wife Is not entitled to dower in lands of her husband, of which ho was not bencflclaly seised. In tho course of tho decision attorneys aro Instructed, not for the first time, that tho Supremo Court will not search tho records for alleged errors that aro not specified, nor consider briefs stated to have been died in other courts, 'llio biii'iemo Court must have briefs of Its own. Hcnshall for plaintiff; Da Bolt for de fendant. Justlco Frenr writes tho Supremo Court's unanimous opinion In J. A. Hopper vs. G. W. Lincoln and II. E. Cooper, signed by himself, Justlco Whiting and Judgo Stanley. The ap peal was against judgment for tho plaintiff for $341.98. including inter est and costs, against IJncoln person ally and against Cooper ns tho owner of tho building, for tho enforce ment of a mechanic's lien, without pre judice to tho right of the latter to con test tho enforcement of tbc Hen by ex ecution. Tho decision is that "a spe clul execution may issue upon a Judg ment, for tho enforcement of the lien against the property covered by it, even though Judgment canot bo en tered against tho owner personally." The exceptions aro over-ruled but, on account of an informality In onu of the papers, the case is remitted to tho Circuit Court for such further pro ceedings as may bo proper. Deficien cies In tho law aro mentioned by tho Court, but It construes tho law liber ally for tho protection of mechanics. Kinney, Ballou & McClanahau for plaintiff; Cooper for himself, Magoon & Stlllman with him. another unanimous dce'i"i la ren dered In Pacific Hardwaro Co. vs. Lin coln & Cooper. Tho Judgment for plaintiff on a jury's verdict Is hero also upheld. Distinctive potntB from tho former caso aro these: "A material man who furnished materials at tho request of tho contractor beforo the lat ter abandoned his contract need not fllo his lien and bring suit within thrco months after tho abandonment, but may do so within thrco months after tho completion of the building. A sub contractor's lien is not limited to the amount due tho principal contractor." S. C. Allen vs. Lincoln and Cooper goes tho saraa way as the two preced ing caBes, although tho Issues aro dif ferent. Hero tho jury found ugninst tho contractor, but for tho owner, and tho trial Judgo granted a now trial on tho ground that tho verdict was con trary to tho law and tho evidence. Mr. Cooper nppcalcd against this ruling. Ills exceptions nra over-ruled by tho Supremo Court. Tho suit was for , CCC.C7 for materials to be used in a dwelling houso and cottngo owned by defendant Cooper. As notice nf Hon was given within thrco mouths after the completion of tho building, tho only question considered was regarding ma terials alleged not to have gono into the building. Tho Court decides that: "Under tho materialmen's Hen law, whero thero Is a presumption that ma terials furnished to be used in a build ing wcro used in tho building, proof that a portion of tho materials wcro not so used docs not as matter of law destroy tho presumption ns to the re mainder of tho material. i'Iicho suits all relato to tho Roman mansion of Minister Cooper. For Cemetery Site. Tho cemetery committee consisting or Messrs. Geo. Castle, J. F. Lowroy, " Geo. W. Smith, J. II. Fisher and A. V. Gear wero out again yesterday for tho purposo of selecting a slto for a new cemetery. Tho commlttco went around Dlnmond Head whero they found a pocket of sheltered, Jand containing about 100 acres. Tho commlttco con sider tho location tho most favorable yot found. - Members of tho Research Club are reminded of their meeting nt 7:30 this evening at tho resldcnco of J. B. Attv orton. Tho committee on reorganiza tion will report and there will bo the annual election of officers. ADMIRALTY SUIT COMING faplaln Svendsen of S. S. 'Hoida Sues (or Balance on freight. J. J. Egan's Aoswer Id Kamilo Contro rersy Writ of Error Fmii Kauai Circuit Court. Judgo Stanley has made an order to perpetuate the testimony of Captain E. II. Svcndsen, master of tho steam ship Horda, for use In an action in ad miralty tho witness Intends to enter In tho Circuit Court of tho Second Cir cuit, Maui, against 8973 packages of machinery ana O. B. Stlllman, C. Brew er & Co. and American Sugar Co., to recover balance on freight consigned and delivered to Stlllman. In Ills peti tion Captain bvendsen said ho was about to Icavo tho port of Honolulu and, as process could only bo issued in tho Second Circuit, ho would bo put to great expense by delaying tho steam ship at this port. John J. Egnn has filed an answer for himself In tho suit of Hitchcock and others against Hustaco and others. Ho makes admissions and denials of different allegations, but neither ad mits nor. denies that Hustacc and Pos ter control the Kamalo Sugar Co.'s af fairs. Ho denies fraud on the p.nt of defendants, qnd that they fraudulently converted to -their own use, $'.5,000 or any sum, belonging to tho funds of tho corporation. Also ho denies thn: tho Bale, of delinquent stock advertised la Intended to cheat stockholders. Ho al leges that th ccomplalnant's knew the prico paid tho McCorrlstons for their land beforo they subscribed tor shares a. tho corporation. A writ of error has been taken to the Supremo Court from tho Fifth Circuit, Kauai, in the caso of Yeo Wo vs. Sun Kwong Sing Co., on n matter of 4163 costs taxed on defendants, the present plaintiffs In error. Mauna Loo's Departure. Just as of old, there were a largo number of people on tho Inter-Island wharf today to see tho Mauna Loa off. Tho passenger list was exceptionally largo and tho very last ones who np- pllcd for passage wcro told that they couldn't even have standing room. Following aro tho names of those who left In the Mauna Loa: Mrs. Jas. T. Taylor, II. J. Harrison, Mrs. W. Savldgc, S. Kualmoku, Mrs. N. Knnoa, Mrs. Meyers, Mrs. L. A. Choy, Ah Sin, W. Ah Chee, Rev. J. Kauhane, W. M. Mahuka, J. S. Low, Mrs. J. W. Lloyd, Mrs. Walker, Miss Walker, Miss B. Walker, Capt, L. Ahlborn, C. Casten dyk, B. P. Smith, L. Ah Lan, Ah King, Mrs. Mary Ell, Kee Fee, Eva Kinney, Miss Maria Pllkol, Ah Wah, D. Con way, A. Hanebcrg, Victoria Amoy, M. O. Corrca, A. N. Kepolkal, O. W. Hny selden, H. S. Townsend and Thos. Ah Young. Dr. Carmlchocl's Report. Washington, April 25. Tho Surgeon General of tho Marino Hospital Service has received a report from Surgeon Carmlchacl, In charge at Honolulu, un der dato of April a. He says that since his report of March 31, ono new case cf plaguo has been discovered. Tho victim was a whlto girl and tho caso was fatal. Tho prospects, Dr. Car mlchael says, aro encouraging. Only ono detention camp was open. Thero wero two convalescents at tho pest house, but no other cases. No new cases had been reported from tho other Islands. Surgeon Carmlchacl de nies the report that thero had been a largo number of deaths from plaguo on tho Island of Maul at Kahulul. No general crusade has been begun against tho rnts which havo spread tho plaguo, but a bounty of 25 cents has been of fered, and a professional rat catcher appointed by tho Board of Health. Large Cargo of 8uar. Tho Helena arrived from Paauhati nnd Ookala this morning with a cargu ot 11,-170 bags of sugar, 2000 of which wero taken on at Paauhau and 9470 at Ookala. She Is dlcharglng part of her cargo Into tho rice today. Rowing Association Meeting. Tho meeting of tho Hawaiian Row ing Association that was to havo been held this evening has been postponed till Monday evening next at tho same time and place. Gent's Hcrmsdorf dyo black sox su ocrtor quality, two pairs for 25 cents, it L. B. Kerr & .Co.'s, Queen street for mo wpok only: don't fall to seo thm. HONOLULU t SCHOOL OF Day and Night Cusses A. COWAN. Room n-i, yi Floor f 9 a, m. 4 r. m. Mount j:jo vy w. a PROGRESS BLOCK WW444frWWMrtM44i ADVERTISER CHARGES REFUTED, X The following open letter was publfslied in the Advertiser 4 f this morning hy Mr S. M. Bnllou ndJresSed'to Hon. Cecil Brown: f ? "TO HOM. CECIL BUOVVN: "'. $ "Having confidence in your integrity, I supported a resolu- X Y tion at the Republican Mass Meeting leaving the appointment of a temporary organization commit ee lorary " It i5 nmv nnhllrlu rhnrcrnH f" I -V .... ...... w mill, ; tu n-- A present what is called the 'machine., Under thise circumstances. you win p.iuon me n i sk you in a puonc imnner, and without X any previous intimation of your answer, the foil .wing questions: $ "i. At the time of the Mss Meeting had you selected any. .j. or all. of the names of the proposed Committee of twenty-o.ie ? X If so. wiil vou kindly make such names Dubllc ? y "2 "In selecting such a f od igations, expresseu or impiieu, j. any taction or me Kepuoncan party r " b. Mr Prmirn tivic chnttm 4lw 1. mi. wiuiiii mho jiiwiii iiiv ii iivi upvii mi.- ill Vill ii iiia Ullllw ? Y, on Merchant street and at once dictated and forwarded to Mr. $ B iilou the following reply: f X Honolulu, May 4, 1000 X X S. M. BALLOU, ESQ, $ In answe-r to your open letter in the Pacific Commercial J Advertiser, I have to .ay in answer to the first question, that not one of the proposed mem-iers nf the Committee of Twenty-one ? had been selected, nor had I given thought as to who they should be. f To the second question, 1 answer that, I was under no obli- t gations to anybody, either expressed or implied, nor to any faction $ X of the Republican Party in the selecting or naming of membeis to X oe memrjersor ine proposed committee. y Yours truly, CECIL BROWN. In connection with the charges made of "political combina tions" and "slates" Mr. Brown said. "I do not lead the Adver tiser until I go home at night, when I read all the papers at one ; ti is is unfortunate in so far as I was not aware ot th- un'ounded X charges, mad that morning, at " meeting on last Wednesoay evening. Had I been informed I X should most certainly have made a public statement from the Y .. platform denouncing the publication and denying the unar- '.'. ranted charges." $ V RAPID TRANSIT TRACKS Street railway matters wero before tho ExccutlvcrCouncll this morning. Paul Neumann and W. H. Pain appear ed for tho Hawaiian Tramways Co., and L. A. Thurston for the Honolulu Rapid Transit and Land Co. Tho re quest of tho latter to lay Its railway on Alapai street and South streets was discussed. Mr. Neumann stated that It was his understanding that tho Rapid Transit, Co. had the right to lay its tracks along 1760 feet or thereabouts, of King street, nnd ho would make no objection to that. Tho matter of location was brought up and Mr. Thurston said that nothing had been requested In regard to that as yet. After tho respective agents had with drawn, tho matter was referred to tho Survey Department to ascertain if tho petition submitted by tho Rapid Transit Co. contained n majority of tho property owners along said Ala pal and South streets. Bowers Mukcs Charges. As a result of recent dealings with tho Police Department, Captain Bow ers makes tho charge that Marshal Brown Is persecuting nnd carrying out a plan to suppress tho Merchants' Pa trol. To bubstniitlnto Ibis chargo Capt. Bowers quotes personal conver sations with tho Marshal, also asser tions said to bo mado by police officers regarding It. W. Condon, one of Bow ers' men. Condon has at various times como In contact with the Police De partment, particularly In connection with his duties at tho Orphcum, nt which time I It is clnlmcd he has been the victim of. personal spite and re fused Justlco. Bowers claims Condon Is an honest man who can bo trusted and although, as ho says, tho Marshal has taken all his men away from lilm tho Merchants' Patrol will continue. Tho Orphcum affair In which Condon Is Interested Is scheduled In the Police Court for Monday morning, wlii-n It Ip to bo supposed the wholo matter will be threshed out. The Honolulu Republican. "Tho Honolulu Republlcun" Is th tltlo under which th enow morning pa per to bo Issued by tho Robert Grieve Company. Tho first Issuo will appear on tho day tho Hawaiian bill goes Into effect. The policy of tho paper will bo "straight Republican." America Maru Mull. Mail for tho America Maru closes nt 12:30 p. m. tomorrow. uniyj BBRQSTROM IMTTSIO OO. 1 1 your nanus flint thlc (""..mmtHnn ...- m Committee, were you under any $ to any person or persons, or u r M. BALLOU. 4ttr unnn lii? nrriiml It,!.. l'i.n r the time of the Republican mass V America MoiuPh Passengers. Tho following passengers arc book ed to lcavo In tho America Maru to morrow afternoon: Mrs. Schcrmcrhorn. J. J. Leckcr. Dr. I. M. Whitney, wlfo and daughter, .Vra. W. Bruncr, F. W. Macfnrlano and wlfo, John Ena and wife, Mrs. Haalelea, Mrs. Kalel Aona. Miss Logan. Mrs. W L. Wilcox, Mrs. Capt. Raas, Geo. J. Campbell, A. A. Montnno, Mrs. W. S. Mousarrat and son, Dr. J. H. Ray mond and wife. Miss E. L. Clarke. Miss M. P. Walker, Mrs. M. G. Webb, Mrs. M. K. uookc, Mrs. J. W. Hall, Miss Nul. Mrs. A. Wilson, Miss Blancho Gale, Miss Washburn, E. Burke, Dr. M. H. Bishop and wife, Mr. nnd Mrs. Brad field an dnursc, Klnoshtkn, Miss Bur well, Miss Gillette, Mrs. A. K. Lewis, V. M. Fulchcr, Mrs. Mollis, Mr. Butler. C. J. Hutchlns, R. Price, Miss Aggie Howard, C. S. MulHiis, Mrs. M. S. Levy and Rev. J. F. Durao. Although thero aro a great many through passengers It is thought that accommodations can bo found for nil tho passengers from Honolulu. Ovci sixty steerage passengcis wero booked but tho America will lako noun of these. Suits Just Filed. Hawaiian Fertilizer Co. vs. C. It. P.itrlg, assumpsit. Defendant Is sued for payment of n promissory noto of S100 in favor of plaintiff. Sun Kwong Sing Co. V3. Yeo Wo. writ of error. The President's Travels. Cleveland, O., April 25. Tho train 1 bearing President McKlnley arrived hero at 10:20 this morning. A good sized crowd had assembled at tho sta tion to greet tho President and he wai cheered ns ho stepped from his car. Ho wax Immediately driven to the homo f his sister, Mrs. Sarah Dun can, where ho will spend tho day. Miss Helen McKlnley, thn President's Bis ter, anil Miss Grace McKlnley, bis nlete, are also visiting Mrs. Duncan. Flntcy Will Return. Indianapolis, Apill IS. Chailcs Kin ley, ex-Secretary of the State of Ken lucky, wiib called ,. 'ay by Ken tucky Republicans m ihn city. "I Intend to return to Kentucky and faeo thn lnillctini-ut against mc," he said. "I cmiuni sa Just when I shall q, but probably no until tho tlmo for tho trial of tho Indictment, for I am not willing to go back mid bo thrown liuto Jail." Tho thanks ot tho Bulletin urn due Purser L. E. Remiss of tho America Maru for Into flies from Yokohama. M-AtidS iiQtn k n v m m n- if n m u Stisl uuuu n iinniiiiiu uuu u w ,ifl The Uunc o! Contention. Jm Attempt on L'fe of Portuguese Cotsnl A. de Smzi Car.ay.irro. Explosive MalKr Plac d Under Slup'rg Rotm Wicdiw Vtiy Lmle Darctge Done Mr. Caoavatro Tills ite Sicty. An nttempt on the Hfo of A. do Souza Canavano, Portuguese Chargo UAffaltts, wan made at about V.M o'clock this tnbrnlng by some unknown rcison. A bomb very probably of dy namite was placed under tho window of Mr. Canavarro's room at his homo 011 Pcnsacola street and Bet off. Tho panes of the window weio smashed and part of the lattice worK beneath was toin out. The ground was also torn up around the place where tho bomb had been placed. Fortunately, Mr. Canavarro suffered nothing moio than a severe fright. Ho was sound asleep when tho explo sion took place. After Investigating, no dressed and went to Deputy Mar shal Clillllugworth's homo on Emma Urcct to report. Mr. Canavarro tells tno following 3tory of this morning's occurrence: "I do not know what certain peoplo have against me that they attempt to blow mc to pieces In tho dead of night, iho police hnv cno decided clue as to tho Identity cf the person or persons who committed tho net but I think I know the man. Yes, he Is a Portuguese) and belongs to a class of desperate characters that cannot bo called by any other name than anarchists. "I believe that a deliberate nttempt on my life was made. Two years ago when I was living on Bcrctanla street, (ho same thing occurred, but that at tempt Hkn tho one last night, failed on account of thn Ignoranco ot tho man at work. Ho evidently thought that, by placing a bomb under my window ho could kill mc." As soon as Deputy Marshal Chilling worth becamo acquainted with tho .acts he assigned two mounted patrol men to patrol tho streets In tho vicinity 3f tho Canavarro house with orders to apprehend any suspicious characters lurking about. However, the time be tween tho explosion nnd tho appear ancc of tho police was sufficient to al low tho miscreant or miscreants to es cape. The police aro busy with tho cuso to day, but tho clues aro unfortunately, rather discouraging. Both Mr. Cana varro and tho police nrn anxious to capture tho person or persons who set on the bomb because, as long as ho Is about, tho Hfo of the Portuguese Charge d'Affulres Is in danger. SPECIAL BOARD MEETING. At the special meeting of the Board of Health to no held this afternoon tho order of the day will be the discussion of tho now sanitary regulations, and, probably, the appointment of a plumb ing Inspector will be mnilc. 'Iho future disposal of tho new quar antine wharf will also como up and Collector General Stackablo has been invited to be present and make a state ment of his views, which aro under stood to bo that the wharf should be put Into nctlvo uso for general freight at once. Tho opjnlou of the Board of Health lu that tho wharf should bo hold available as a protection ngalnst freight and ruts from Australian ami Omental ports. It Is expected that tho question of tho tinning over of quarantine. Islnnd to tho Federal Government will nlso b.i brought up for discussion and Dr. Gar vin will again call t.10 attention of tho Board to the necessity of filling In tho Insanitary pond nt Iwllcl, already con demned. This pond Is situated on tho Bishop Estato nnd extends from near the steam launch In tho direction ot Oahu prison. 1 Certificates for Burial. Rubert Brueu King, British male, 33, pneumonia, King street. I.lllnnn Lawellllll, Hawaiian female. 27, consumption, Punchbowl street. Yasuno Moltu, Jupaneso female, 20, consumption, Kullhl. Ames Keplpl, Half whltu female, 27, puerperal lever, Printer's lane. Wully Davis Fined. In tho Police Court this forenoon Wully Davis was fined $100 and costs on the chargo of beating his adopted daughter, Alice Davis. Defendant pleaded not guilty nnd wns defended by Atturney Andiews. Tho case will bo appealed, yhq gill was examinee by Dr. Cooper day 'heroro yebferday. Fined $50 and Costs. R. W. Condon was arrested yester day on tho chargo of assault and but tery 011 Joo DIas. Defendant wns found guilty and fined S0 and costs. Condon Is also charged with assault and bat tery on Officer Cox. This caso will be tried tomoirow forenoon. TUB WATERMAN IDEAL FOUN TAIN PEN. All sizes, all shapes. H. F WICHKAN. Following Is tho Resolution, In troduced at tho Republican mass meeting, whlcn tho morning or gan claims was tho child of ma chine, politicians: Resolved, 'that tho Chairman of this meeting be, and ho Is hereby, authorized to appoint a Commit tee cf twenty-ono (21) persons, of which the Chairman of this meeting shall be one, for the pur poso of organizing tho Republi can Pnrty en tho Island ot oanu and of corresponding with tno Re publicans on the other Islands, with a view to perfecting iiiu 01 gnnlzation of tho itopubllcan Party on such other Islands, and with power to fix n dato and 10 Issue a call for a itopubllcan Ter ritorial Convention, to bo held In Honolulu, which Convention shall consist of thirty members elected from tho neprescntatlvo Districts ns now apportioned and which convention shall elect delegates to tho Republican Na tional Convention, to bo held In Philadelphia In June, nnd elect n Territorial Central Committee. And bo It further Resolved, That said Commlttco of twcnty-0110 (21) bo styled "Tho Temporary Organization Commlttco ot tho Republican Party of tho Hawaiian Is.ands." -A- :: a- :: -x- -x x h :: ; Col, Parker Obtains Large Ranch Propsrties Hon. Sam Parker said this afternoon that tho deal for tho Humuula ranch wns consummated and tho papers would probably be signed this after noon or tomorrow. The purchaso Is of tho leasehold which has about eight years to run and covers 250,000 acres of fine pasture land on which arc 30, 000 sheep and upwards of COO head of horses. '1 no purchaso price Is $70,000. With this purchase, and tho lands al ready secured by Mr. Parker, ho will control nearly ono million acres of land on the Island of Hawaii. The Humuula property will bo run separate and distinct from tho Mann estate. On being qucst.oncd Mr. Parker said that the new purchaso would have more or less bearing on tho reorgani zation or extension of tho Metropolitan Meat Co., In which he was quite a heavy stockholder. Ho denied the of ten heard statement that a now meat company was to be organized, but said that tho reorganization and extension ot tho present company would take placo at once and tho new markets con templated would be In working order very soon. "I am now through with Hawaii," said Mr. Parker, "and shall next turn my attention to securing doatrahlo lanus on the island or Maui; from there I shall go to Lannl, Oahu and Kauai In succession to secure whatever gooj land I can for tho company." "What will you do then?" was asked. "Well," said Mr. Parker, with a straight Republican smile, "you may stato that I will probably branch out towards Nllhaii." TWO WEEKS ONLY. Wo will hold a reduction sale in every lino, commencing from May 5th, 1900. Call In und judgo for yourself: Iwakaml, Hotel street. For fine full dress shirts at $1.00 each L. B. Kerr & Co., Queen street. These shirts nre strictly high grade as to fit nnd quality. A LARGE SHIPMENT OF Boys' Shoes .... Just opened by the Manufacturers' Shoe Co, Our stock Is now replete with Rood fits, Rood style and good w ear. If you cannot come In with our -hlldren, send them In and they will re elve just the same care and attention, ind their fett will be just as carefully fitted, as If you were with them. We'll fit the foot if you'll foot the Mil, and promise you that both will be satisfactory. r4. t 4 X it i " til ! z 1 '" ? '' a- -i s j ': . . - 'i-4 vl 's 1 m iA'M I . :. t