Newspaper Page Text
vv '" '" - ST" . mi..
The People Get All the News of the Day
i ,.. aXh
PB From the Progressive Bulletin.
Vol. IX. No. 1650.
HONOLULU, TKRR1T011Y OF HAWAII, FRIDAY, OCTOBER 12 1900
Pkik. 5 Oknth.
it M I Eyening
i , 'r a m
Two Cases Submitted to
the Supreme Court
ON. CASE FROM KAUAI
Costa Eat Up Proceeds of Execution
" ;'Judge Humphreys Kept Busy at '
Circuit Court Chambers
Suit for Separation.
In the case of error to the Circuit
Court, rilth Circuit, ojCYm-Wo vs.
Chung Lup Yee the writ Is dismissed
by a unanimous decision of the Su-
liivrno Court. Chief Justice1 Frear, who
writes th edeclsion, Justice Oalbrulth
and Judge Stanley constituted the
Court. The syllabus reads:
"Section 17CS, Civ. I.., docs not utl
tliC'tlzo ii claimant of goods seized by
the sheriff on execution to apply for
an order of Interpleader. The sheriff
Is the proper applicant.
"Such unsuccessful claimant may be
required to pay the sheriff's possession
money caused by a stay of proceedings
In consequence of such claim."
Goods and chattels were seized by
the deputy sheriff of Hnnalel, Kauai,
under an execution of the Circuit Court
on Judgment for $300 outalncd by Yet.
Wo against Chongi Lup Yec. . Chun
Tun, claiming to be owner, and Sun
Kuoiik Sing Co. to bo mortgages not!
fled the sheriff of their claims andvap-
plied to the Circuit Judge for an order
of Interpleader. The Jtulgo ordered
Yec Wo to show cause why the mort
gage should not be paid first out of any
moneys arltlug from the sale, all pro
ceedings to be stayed until that ques
tion was decided.
Yep Wo demurred, chiefly on tbo
ground that an -order of interpleader
could be granted only on the applica
tion of the officer who had seized the
goods. The Judge sustained the de
murrer, and tho first assignment of
error Is that the Judge erred In this
ruling. Section 17C8 Is quoted by the
Supreme Court, and tho position of the
Judge sustained. It is further assigned
as error that the Judge erred In adjudg
ing that the applicants lor the order of
Interpleader pay, In addition of statu
tory costs of $17, the expenses and
costs ocraseloned by the stay of exe
cution amounting-to 103. Here again
the law Is found' against the objector,
the Supreme Court saying thcro Is not
enough tin th erecord to show that tho
Judge erred. It Is Indeed doubted
whether his decision Is appealable at
nil. The following concluding observa
tion of tho Court's opinion Is Interest
ing ns showing how a man's substance
melts awoy in tho crucible of the law:
"Wo may rimark that the expense, $2
a day, of keeping the property in ques
tion, which consisted chiefly of bags
of paddy, some farming Implements
and one Chinese bullock. Ml of which
sold for $170.85, seems unnecessarily
large. The total costs of execution
appear to have been $288.15."
J. T. Do Dolt for plaintiff In error;
J. I). Wlllard for defendant In error.
MOIti: CONSTITUTIONAL NUTS.
An amicable submission has been
made to the Supremo Court of a dlffer-
cnie between Theodore F. Lansing,
Treasurer of the Territory of Hawaii,
and Theo. H. Da vies & Co., Ltd. One
of the propositions Js that tho goods
Imported from foreign countries, ex
elusive of the I lilted States, for Urn
year ending Juno 30, K'00, by the Da
vies corporation amounted to 661,312.-
48,and that the license feo thereon Is
If you prefer a
with opportunity Ionian your own
)iour, we MVvr (he puce fur "you en
F jw yw a
$2529.92, "If the statute requiring the
same Is not In conflict with tho consti
tution of tho United States." Tho next
proposition Is that tho corporation the
same year Imported goods from the
United States amounting in value to
$916,601.90, on which tho llccnso fee
Is $3)33.30 If tho statute requiring It is
not In conflict with tho constitution of
the Cntted States. It is claimed by tho
corporation that tho llccnso fee law of
1897 has become null and void by vlr
tuo of tho Incorporation of the Hawa
iian Islands as a part of tho Unltel
States This claim Is denied by the
Treasurer and It Is ngrnd that lodg
ment shall bo rendered, as to payment
or non-payment of th.i feet In both
cases, according to the findings of law
by tho Court.
Another .submission Is by tho Piifi.i
Sugar Co, Ltd., vs. the Government o.'
ho Territory of Hawaii. Tno Govern
ment claims that tbo corporation Is li
able to prosecution anj fine, for clear
ing off the forest on the corporation's
own land within 250 feet o' tho public
highway at Walakahlula, Pum, Ha
waii, under sections of tho Penal taws
of Hawaii. Contrariwise, the company
denies the power of the Government
to enforce such sections, holding that
they w'ould deprive it of Its property
without comptnsatlon and wltlrout duo
process of law contrary to the Mftl
amendment 'to the Constitution o.' tho
United States. The parties ngrco to ar
ccpt the Judgment of tho Court on tho
In the bill for Injunction, etc., of
Chas. II. Wilson vs. Lllluokalani, the
defendant by her attorneys, Itobertsou
& Wilder, gives notice to A. Lewis Jr.,'
attorney for defendant, of motion to bo
presented to Judge Humphreys on Sat'
urday to set a day for argument on her
Mary J. Clench petitions for letters
of administration to herself on the cs-
Into oilier late husband, W. C. Clench,
which Is valued at about $6000 nnj'con
sluts of bouso and lot In Luualllu
street, $284.91 In Bishop's bank, etc.
Virginia Hcndrlckscu has brought a
libel for separation against Julio Hen
drlckscn for habitual drunkenness and
Josepa de Costa petitions for letters of
administration to M. 0. Sllva on tho
estate of her late husband, John de
Costa, of Kahuku, which consists of a
$1000 policy In the Uermanla Life In
John Pao by his attorneys, Kinney,
Ballou & McClanahan, withdraws his
petition for leave, to sell tho property
of Kcalohaokalanl, a minor.
Judge Humphreys has appointed
John Prendergast administrator of tho
estate of Naomi Kaathue, whu was late
ly killed by Puep at Palama, to servo
under a bond of $1000. Prendergast Is
also appointed guardian of Kaln Kaal-
hue, a minor child of deceased, under
$250 bund. An nbsent son has not been
heard from, and It Is uncertain whether
seven years ago.
Mary Alice Ilrown petitions for di
vorce against Malcolm Ilrown, who left
tho country deserting her more than
novo nycars ago.
S. K. Kane, guadrdlan of Iloblnson
minors, Is surcharged with Item of
Sl&n In tilt, fif, .mint ffir mmmllm r.ii
$7200 road damage in Mllllani street ex
tension. J, A. Magoou's claim of $70
for attorney's services against one of
tho minors Is disallowed. In other re
spects tho accounts aro approved.
Mrs. Ulbrlcht's petition to resign as
guardian of ber minor children Is
granted. Judge Humphreys appointing
II. Holmes in her plate under $2000
-u una auiuoruing mm to sen me
Judge Humphreys has rendered a de-
ere on the w III of ,ho late J II. Wood.
.. u. ...ui ., ,r ugacies uo
.Ul uvar .uurroi oeioro , UUI , wncn
mey uccumu payauio uuuer me will.
Ho approves of the payments hereto
fore, made of net Income to the legatees,
lift directs that hereafter tho net In
come of one-third of tho principal bo
retained by tho trustees and Invested
for tho benefit of the four grand chil
dren until tliev n.npli ntlnln tlif.ti- ".-.th
. brth.Iay. I'urther, after paying costs
of administration, tho trustees aro to
pay Mrs. Flora Jones and Mrs. Stella
May Dixon each one-third of the prin
cipal of tho estate. A, G. M. Hobnri-
son, guardian ud litem of the minors,
Is awarded a feo of $75,
Captain Merry of Iho Navul Station
iccelved by the steamer of yesterday
an order from lh Kty Deparlim lit ordering-
iho firing of tlililieii inliiulo
gnus at 12 noon ufler Iho len-ipt of Hie
order as well as Hie Hying of I lie Hag
nt tho ntsilon at hulf'inuiit finm mu
ll iUl Minuet 0lt Of U'Siei l() iu
uieiiimy of Ihu lain Aimlru Hleunl.
Tim uiilcr was kiiii)h.j with mday
A wjuad nf fuiir men from , rniio
fills) hu by.pounieN uu Hip Jietv fiuyy
Tim iryuaiMiri K'i,jm lll ul Irm
Mil I'UiliuljW W NlttMNiW i NilllMtf
si m )wri iuf iimi) iimr
TH uwwih imiii WJ, to jywj
'Ml M m NthlU aWlfr
'! (ti Wm iu Miimh mi H
Stf lj t
Residents of Pauoa Turn
Out Over Five Hun
WORKERS IN THE FIFTH
ALSO REPORT PROGRESS
Prominent Hawaiian-American Re
nounces Allegiance to Wilcox and
Declares for Sam Parker
School Houses Tabu.
There was a big Hcpubtlcan meeting
at Kwallko's piaco In Aiiwalollmulnst
night. Over live hundred natives were
present, the groat majority being lie
publicans. The speakers were: A, (1
M. Itohcrtson, J, W. Ktlkl, Chas. Wil
cox, Jonah Kumalao, Wm, Aylett and
Clarence Crabbc. Ono feature of tho
meeting was the p'resence of u company
of sovcnty-IUo men bearing torches.
They wcro commanded by Nhhornhlpa.
tale, supposed to have been for Wil
cox, has turned Kepubllcan. This Is
tho glorious news that cohirtTto llono
lulu today. Tho following spoko there
Inst night In tho Interests of Itepubll
cantsm: Mrs. Junius Knae. J. I.. Kan
fiikou, Geo. It, Carter, I.. I.. McCand
less, Frank l'ahla, John Kulama, Ke-
ulakalhouua and Daniel Kckaha. All
the speakers wcro well received.
In tho morning Messrs. Carter, l'a
hla, Kalama, McCandless and Kuulii
kou wero at Knhana and In the after
noon, they held forth In tho court
house at Ilauula. lloth meetings were
Thetc speukers went over the Pali
Wednesday afternoon nnrt spoko at
Knncoho whero n largo crowd of na
tives gathered. In tho evening there
was another largo gathering at the
country homo of I.. L. McCandless In
It will bo remembered that tho namo
of Kanul was one of those on the list
of nominations from tho Independent
party at tho meeting Wednesday af
ternoon, It now turns out that Kanul
refused absolutely to have anything to
do with the Independent party al
though ho had been president of the
Aloha Aln.i society at one time. He
not only refused to take a hand but
told arlous natives what ho thought
of Wilcox and his dreams of personal
gain. He will voto for Hon. Sam Par
ker and will get nil those ho has In
fluence with to do the same.
Kanul Is one of the old tlmi Hnwu
Hans and his study of the situation has
produced In his mind tho conviction
that no good can come to Hawaii ne)
through tho Independent party. Hu
has also decided that Prlnco David Kn
wananakoa Is too young and Inexperi
enced to bo of any avail among tho
brainy men of tho Congress of tho
Of con rue. everybody knows that the
Democrats aro trying to pull the In
dependent voto their way without In
. wflJ. jeopar.iiiing ,hc,r own lnter.
eBlg ,mt cvl(IeIlt).i Bome of tnPr Bllmp
LI)Cakers hnvo nol ,)Ccn w(1,, ,n.
In . gpooch nt ue ,,eforo
,ot of nnvps , otll(T ,,,, hc came
0t wU B()m0 0, , ,)roa(TMl HaU
ments against tho candidacy that havo
yet been adduced.
Tho Itepubllran meeting set for the
Iloynl School tonight has locn post
poned as tho Superintendent tt Public
Instruction will not nllnw tin. crmtn,liil
to be used.
There will bo another meeting of Hi
publicans In Kallht camp this after
noon. Leong Chi Tso's
Mission Has Failed
Fur u week or ten days li.uk, lliern
bus been a minor ubout lowu that
Leilng Chl-lso, Ihu Chllieitu refill lllll,
Inn) spent all iho money (fio.uoo) io.
I'ricil liel'd In H111 IliliriKls of llm i
form nioveiiHiit. It em Unit IliU re
poll Ima liei'ii kpiiu'l ami by 0 so
1 h ly nf r.'liluw wjiotai Minis uiv MiMliMi
ljino nf llm Hon Wong, Hlin of llm
IwdWS l fll Nu) jiad Ihu ullOH-
lliji iu wy to i Hujkj!) JtjiwiW IliM
"WV bay) mtim Mu IliliM Um
w ''hi iiw siimi it) 4tjNMfWii itum
(b) lh tml Tht TtJUt I
m KtMr iu m umm tU itw mm m
tho reports spread about town, that
Leong Chl-tso did nut take away with
him a cent of the mono that was" Sub
scribed here to the Heforni cause. It
was sent by check or telegraphed to
tho various headquarters.
"All the talk about tho young reform
ei having appropriated the money Is
bosh and the How Wongs' are standing
by him as sturdily as they ever did.
The fact that ho failed In tho object he
had In view was on account of the ex
isting circumstances tnd not on ac
count 'of a failure to propcry arrange
Th'fact that ho bat written but
twice U undoubtedly or. account of his
disappointment. Ho hasn't any news
Death of Don Snnford.
Dan Sanford, aged 21, tho engineer
who suffered such serious Injury in tho
railroad accident at Honolulu planta
tion on the 1st Inst., died at the homo
of his brother-in-law, Joseph McGuIre,
King street, at about G o'clock this
morning. Up to 10 o'clock last night
he seemed to bo doing very well but
soon after that, he began to sink.
When the doctor called nt midnight ho
conveyed the sad news that the young
man could only last a few hours. Tin
injury to tho leg had affected the stom
itch In such a manner that death wm
Inevitable. Deceased leaves n mother.
two sisters and n brother. The funeral
will take placo from the McGuIro homo
on King street, opposite the Catholic
cemetery, tomorrow nftcrnoon. Th"
hour will be announced later. Manap.tr
Low of Honolulu plantation has taken
charge of the remains and will attend
to nil arrangements In connection with
At a meeting of tho Derctanla Tenuis
Club In tho Y. M. C. A. last night, the
eommlttce appointed to secure new
grounds for courts reported that they
had been unsuccessful in their efforts.
W. A. Wall was selected to securo new
erfitintts nmt It u'ns decided that no
steps toward reorganization should helfor a,'K,'mcn,1:
luknn unlit rprelvlnif Mr. Willi's re. I,,mc- '" "'
port. In a letter to the Club. Ernest '
loss stated that there was a proposl
tlon on foot to postpone the regular fall
tournament until February or March.
New Art Htuello.
Mrs. W. I Smith, lute of the Kcrn-
mlc Art Studio of San Francisco, has
Issued cards for an "At Home" to be
given In her studio, Iloom 2, Model
block, Saturday, from 2 to 5. Her work
will bo on exhibition to all at that
Special values In woolen goods are
jiow being offered by I.. I). Kerr Co.
at p.reatly reduced prices. Call and In-
At a meeting of the unlerslgned Ship
owners and Agents held In this city on
Octr.ber 5. looo, the following resolution
has been unanimously adopted:
Ite'olved, That all merchindlse lanJeJ
upon any wharf In the Harbor of Honolulu
from steam nr sailing vessels will re at the
risk of the owners or consignees, and If
not reriioveJ within twenty-four hours
altet 5 p. m. of he day on which It has
been landed will be stored or left on the
whirf at the risk an J e.xpne of the own
ers or consignees.
ALEXANDER & BALDWIN, LTD.,
C. BHEWbR &: CO., LTD.,
CASILE & COOKE, LTD.,
THEO. H. DAVIESS .V CO.. LTD.,
H. HACKFELD & CO.. LTD ,
W. G. IKWIN t CO., LTD.,
F. A. SCHAEFEH & CO.
Honolulu, Oct. 6, loos. 1654-61
i Sets of 250 HP Stirling
) Sets of GREENS
Economiers for same.
1 Set of GREEN'S Fuel
Economises -100 tubes.
Lot of FOWLER STEAM
PLOW spires and extras.
1 Set of FOWLER STEAAt
PLOWS (16 riP)oinpete,
1 Rilici.RY nielli n.i
MJRI.rjY DRILL Outfit
rnmnlof uiiili irrnmnMecnr!,u,rl1"11""' Wlinsu lllislwinl e II ID u
5SKK Il?nill5r P "' "'"' wm,,, ",""1"1 TimnsoMiJM
" " '"'
Lot 014" Piping U.OOO feel
34" Water Pipe fOOQ feel,
AVilerlal for (" Wpler Pipe
All i)t iWm m h ligiJ jti
Wm. H. Marshall Releas
ed on $100 Bail Pend
THE COURT WILL GIVE
ALL THE TIME WANTED
Judge Estee Want3 Jurisdiction Fully
Argued Invite3 All the Lawyers
to Join in Constitutional
William II. Marshall, former editor
of tho late rflinday Volcano, was pro
duced In the United States District
Court this morning by High Sheriff
A. M, Ilrown under a writ of habeas
J. T, De Dolt, attorney for the peti
tioner, suggested to tho Court that the
importance of tho rnso required time
for preparation and anked for a con
Judge Estec was willing to allow
counsel to make heir own time. Mr.
Do Holt further asked if the question
of Jurisdiction might r.ot lie set first
for argument as If the Court would not
tako Jurisdiction that would bo an
end of the matter. Tho Judge prefer-
led that all tho questions of law should
bo heard nt once. Jurisdiction was a
serious and delicate question, as It in
volvcd putting the Court In the posi
tion of an appellate court. Up would
give all the time that was wanted nnd
allow all the time the lawyers desired
All tho reasonable
time," Ills Honor mused; "1 do not
nuppose argument should tako three
Attorney General K. P. Dole, W. O.
Smith, who was present as having np
Iiea red for the prosecution In tho Su
preme Court of tho Territory, nnd Dis
trict Attorney J. C. Ilalrd having all
been consulted, the hearing was con-
I tinned to Tuesday next.
Geo, D. Gear asked to bo allowed to
nppear, being counsel for nnother per
son Interested In the questions involv
ed. Perhaps he would nut take part in
the argument, but hc desired to make
Judge lister readily granted tho re
quest and added that he was perfectly
willing to hnve the entire membership
of tbo bar participate In tho argument.
Attorney General Dole suggested
that, as the proceedings were likely to
be somewhat protracted, tho prisoner
might be released on nominal ball.
"What would you renslder nominal
ball?" asked the Court. "Would you
tie hatlslled with $100?" Mr. Dole as
senting to this amount It was so fixed,
on surety to lie approved by tho Dis
C. 8. Desky has gone surety on Mar
shall's bond and the District Attorney
having noted his approval tho prisoner
was released this afternoon.
STRIKERS WON'T YIELD
Philadelphia, Pa., October '3. There
were no developments of :.pedal Impor
tance toJay In the miners' rtrlke. An In
teresting feature wa the Reading Compa
nv's notice to Its employes that, In addi
tion to Its effer of 10 per cent, It was will
ing to tnter Into arbitration with them re
lative to any grievances they mav have.
None of the strikers, however, has yet In
dicated an Intention to return In work.
Affairs were extremely quiet tiday
thro ighout the anthracite region. Gener
al Tiobln, In command of the State troops
recently sent to Schuylkill county on re-
qu'il fron' ,nc S1,trlff' toJjy Jlrcc,eJ an
other of the regiment left on Monday.
There remains but one regiment, a battery
of artillery and a company o( mounted
Iturncil nt the Ktiiko
Wetuiiiika, Ala., Oil. 2, WlnlM I
TiiHliseud, alias Floyd, 11 iifgro, uns
burned at tho staku In the 1 It t lu town
of Hleelrlc, ubout fifteen miles fro'll
Ihls place, 11 half hour lifter midnight
IliU nioriiliig. Tim iiegin's crime, win
'"" ,"l"ii",,i ,MI"' '"' '" '",""e
niiny in uhlie-s,
I'm.lHs i)mm hmiliulli
Tim AiiMiiil iiinl l',itIsrtraiJiiaio fom.
billl I cuius u! IMlm HiiIImkh Hill IIMlUlne
III I'l'tMIH' fm nil Hid willnw vkiii
I'U I III (4IHIfWtll IlKpllllllMH si I -
l'uJifKdMl Hen II Ji..'l
H''lNlM'M fU4, Mi'limd Hi
ItVilUlllJ lm'li, tldsi I r
sliauf Wikvf Mlimar .i
Hit iHilf. 9w U
mIIim bs.fii 41 i .hi
Wi" Mu.i.wi ii H
ends; A. Waterbouse, J, Watcrhouse,
tackles; Allan Judd, t). Woodward,
guards; Walker, center, Inpall. Here
en way, halves; O, Fuller, full-back;
W. If. Halibut, quarter; Ahfook and
Rem. nd Grove Bxcurnton.
There was a very warm time at
Remond Grove last night, the occasion
being a moonlight excursion under the
auspices of Tribe No. 1. Independent
Order of Hod Men. Nearly 100 people
were In attendance. Dancing was the
attraction of tho evening. The grounds
were brllllatnly lighted by means of a
number of the largeit Washington
: a " M
' Hlttttn'A orArchhlnhopH.
Washington, September ij.-he
meeting of American Archblhopj at the
Catholic university lure has bffn set for
WeJnesJay, October toth. It Is believed
that at least twelve of the fomtrcn Arcr,
bishopsof this country will attend tin
TERRIBLE FATE OF
FAMILY IN K0NA
Three Succumb and Another at Death's
Door-Police Will Make Search
ing Investigation of the
The Manna l.oa this morning brought
the news of a terrible happening lu
Kallua, .Kona, on Tuesday last. Tnc
story Is best told In the language of
one of tho passengers, who Informed
the Ilullctln of what had taken place.
"Alex. Hurgess, Mrs. Kapoll Thomp
son (tho woman who was living with
him) and W. I). Kaea, Mrs, Thomp
son's father, together with Alex, liur
gess, Jr., and seven others started out
on a big spreo last Saturday afternoon.
This they kept up until Tuesday noon.
At this time, Mrs. Thompson com
plained of terrific pains lu the region
of her stomach and In 11 very few min
utes, Bhe was lying dead In tho Hur
About four hours later Alex. Hurgess
was taken with the sarao symptoms
nnd it was but a very short time be
fore ha too was lylng"dcad. Four hours
later, Kaea died under tho very samo
"When the Manna l.oa left Kallua,
Alex. Hurgess, Jr., was lying at death's
door and the other seven who bad been
on the four days' carouse were alt des
Ilefuro Kaea was buried, his stomach
was placed in alcohol. This, together
with n samplo of the liquor drunk,
camo down In the Manna 1 ,0.1 In charge
of 11 police officer. A completo Investi
gation will bo made.
The Alameda from tho Colonies haul
ed alongside the Oceanic wharf at
ubout 2:15 o'clock this afternoon. Sho
will sail for San Francisco at 8 o'clock
L. n. Kerr & Co. havo Just received
tho very latest Ideas In felt hats. Just
tho thing for this climate. Trimmed
with plain or fancy bands.
Mrs. Hrokuw, wife of Captain Ilrok
nw of tho tug Fearless, anil her throe
children, arrived In the Aldcn Ilesxe
THE WATEUMAN IDEaL FOUN
TAIN I'KN. All sites, all shapes. H.
Foot Wear !
We warrv onl the best line of
l:OOr WliAH Manufactured
The very l.alesl Stylw,
ul Prices n,
DLllll IS CAUSE
-WW !, )ll IMI '
Vm WM! J'WJ