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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.
MR COOPER LOSES GASES
Three Celtbrated Roman Mansion Salts
Decided by Supreme Contt.
Meo Law Liberally Construed (o Advantage
of Mechanics - Widow's Dower
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
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
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
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
Day and Night Cusses
Room n-i, yi Floor f 9 a, m. 4 r. m.
Mount j:jo vy w. a
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
" 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
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
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." $
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
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
Tho matter of location was brought
up and Mr. Thurston said that nothing
had been requested In regard to that as
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
America Maru Mull.
Mail for tho America Maru closes nt
12:30 p. m. tomorrow.
BBRQSTROM IMTTSIO OO.
1 1 your nanus
flint thlc (""..mmtHnn ...- m
Committee, were you under any $
to any person or persons, or u
4ttr unnn lii? nrriiml It,!.. l'i.n r
the time of the Republican mass
America MoiuPh Passengers.
Tho following passengers arc book
ed to lcavo In tho America Maru to
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
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
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
Tho thanks ot tho Bulletin urn due
Purser L. E. Remiss of tho America
Maru for Into flies from Yokohama.
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
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
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
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,
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
Following Is tho Resolution, In
troduced at tho Republican mass
meeting, whlcn tho morning or
gan claims was tho child of ma
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
-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
"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
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
A LARGE SHIPMENT OF
.... 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
'" ? ''
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