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THE EVrNING BULLETIN! HONOLULU, H. 1., WEDNESDAY. OCTOBER 31. Iiro
N.S. SACHS DRY
"There is only one place in town to
buy DRY GOODS, that is, IF YOU
WANT TO BUY THEM
We have Just
Ex S. S. "Queen
One Hundred and Ninety Six
Calicos, Ginghams, Per
Sateens, Ready - made
Sheets and Pillow Slips,
Towels, Sheetings, Pillow
Casings, Ribbons, Laces,
WE DEFY COMPETITION. 11 SIKK IS COMPLETE.
A SINdLE YARD OR ARTICLE AT LESS THAN WHOlESlllE.
N. S. SACHS DRY GOODS CO., Ltd
Leather Goods 1 !
A fine Sample line-
NEWS CO., LTD.
The World Register
Keep, the Cash while yon are buy
Try one o
On Marble and Granite
WORK. . .
Fences and Lawn
Eaw'n Iron Fence and Monumental Co
Ml Kin Street
P. O. Box 75a ItlanJ Corrcsponlenc. Solicited.
FINRE & ASBAHR,
Cut and Growing Plants, Sprays, Bou'
Decorators for Weddings and Recep'
tlons. , .
Floral Designs for Funerals a Sper"y.
Next to Williams' Undone Parlors.
F tf . THRUM
BOOM NO. 10, BFRKCKEL8 BLOCK
Hantatlon Work Specialty.
it. Holtl Strut, II. I.
Kapa, Calabavhti. Ull. Natlvt Hill. Mul. Skirta,
Khau Mitl, I inf. atialli. Stall. Lie. Ilomrmait
'o't conitantly on tiaai.
I,, i-u . iiwmriii.4.
GOODS CO. Ltd
Chinese and Japanese Firms.
Done in Crayon or Oil
Pictures Framed In any styU
Framed Pictures for sale.
New Mouldings for Frames have
King and Alapai streets,
Near Honolulu Stock Yards.
UGq . TELEPHONE 863
T. KATSUNUMA & Co.
A. K. OZAWA, M.uiar.
GENERAL BUSINESS AGENCY.
Taaporary OSkt: Root. opttalra SpiKk.lt belli.
lie- Tel. 44.
LADIES SKIRTS CLEAND
Clothing Cltin.4. Dytl io4 Rtpalrti
-suits mde toorder-
VFit guuMitocd. -Lowtit I'rln.
Fort Street, mar Kukul, n4 oir Orphtum THeater.
4-Prices: CUinlnj ont tult, Si; Delne suit $j.s.
Wong Sai Kee
MERCHANT - TAILOR
A PPICT Fit GUAIANTIID
404 Fort St., near King St.
Honolulu, H. I.
CLanlag, Dy.lng and Repairing a Specialty
Y. MAN SING
Has Removed From Fort Street to
Nuuanu Street, opp. uoo Kim's,
Dresses Mart To Order.
A F. A.soajm ...ic Eholuh asp
No. s9 Jnumu ttrMt, HodoIuIu, H.I.
Good w n etnt-cUtt flt fuarutM.
Clothci CUu4 and Rpalr4
Jobbing t Promptly ; Attended : To.
WM. T. PATY,
Contractor and Builder.
Stora an Oflc. Flttlnr.
PIlBl ana Etttmtttt Furnlah...
Hotel Street, near Barracks
H. L. KERR & CO.,
Architects and Builders
:: PROGRESS BLOCK.
The Insured Wins in One
Case and Insurers
Win in Two.
LEFT OPEN QUESTION
Decisions Turn On Different Wordings
of Policies Wilder & Robertson
Gain Their Point at Koolau-
Yesterday afternoon the Supreme
Court rendered two unanimous deel
long covering thrco of the five Insur
ance cases arising out of the Doard of
Health's burnings of property In
plaguo time. They go different ways
according to the wordings of the dif
ferent policies. Chief Justice Frear Is
author of the opinions, Justices Qal
bralth and Perry concurring.
Insurance. Tn8 nrst cnB0 ln or,,(!r
Compnny Is that of Yeo Wo Chan
Loses & Co. s. The Transat
lantic Fire Insurnneo Co. In this case
tho decision Is against the Insurance
company, which relied Its case upon
the exemption ln the policy from loss
or damage caused by civil commotion.
It Is held s'that tho circumstances set
forth In the opinion did not show that
the loss was caused by a civil commo
tion so as to exempt the insurers un
der the clause In the policy that they
stiould not bo liable for any loss or
damage caused by civil commotion."
Tho Circuit Court, Jury being waived,
had given Judgment In favor of plain
tin's for tho amount of the policy, $5000.
Exceptions by defendant nro over-ruled
by the Supremo Court.
Paul Neumann nnd W. Austin Whit
ing tor tho plaintiffs; I.. A. Thurston
and Robertson & Wilder for tho defen
TWO CASES TOGETHER.
Hawaii Land Co. vs Lion Klro Insur
ance Co., a submission of facts on n
policy for $3000, nnd Yce Wo Chan &
Co. vs. Madgeburg Fire. Insurance Co.,
action on a policy for 15000, aro con
sidered together, as the exemption
clauses ln tho two policies aro Identi
cal. i...nc, Bothoftheso cases are
Companies decided In favor of the
Win CnscH Insurnneo companies.
Their defense was mainly ln the clauso
exempting them from louses caused "by
order of any civil authority." Tho
syllabus of the opinion Is as. follows:
"Insured, property, was destroyed by
Are which spread from other buildings
which had been set on fire by order of
the Board of Health because of Infect
tlon by bubonic plague. Tho policy
provided tha't the Insurer should 'not
bo liable for loss caUBed directly or In
directly by Invasion, Insurrection, not,
civil war or commotion, or ir.lllt'.r or
usurped power, or by ordsr of any
civil authority, or by theft'; etc., field
"The words 'directly and Indlrectl''
apply ln tho case of loss caused 'by or
der of any civil authority' as well as In
the cubo of loss caused 'by Invasion
"Loss caused directly or Iml'rct'y by
order of a civil nuthorlty Inrlm'ei Inn
of property destroyed by flro which hki
spread, unaided by any Independent,
efficient, intervening cause, from the
buildings which were ordered burned.
It Is not confined to tho loss of the par
tlcular buildings Intended to be bur:,
"To exempt the Insurer, It Is not ne
cesary that tho order of tho civil au
thority bo lawful and Justifiable In tho
particular case. It Is sufficient It tho
civil authority mnj' lawfully order
buildings burned when necessary for
purposes within the scope of Its duties
and ln the particular case nets official
ly and In good faith and within the ap
parent scopo of Its powers.
"Where buildings are set on flro by
order of a civil authority on account of
Infection by plague, and loss caused
by order of any civil authority Is ex
cepted but loss caused by plaguo Is
neither Insured against nor excepted,
the order and not tho plaguo should be
regarded as tho causa of the loss with
in the meaning of the policy."
Following are somo Interesting ob
servations from the body of tho opin
ion; Ah to "Wo do not mean to
Official Bay that the insurer
Authority WOuld bo exempt la
ovcry case Jn which a person or body
possessing civil authority might set
flro to a building, In most caBcs If n
person should causo another's building
to bo burned, ho might be taken to
have acted In his private, capacity, and
not as a civil authority, oen though
ho possessed civil authority of sumo
kind nnd purported to act In his offi
cial capacity. Hut It is Hiitllclent when,
as here, tho civil authority, tho lloara
of Health, has tho power under tho
statutes to destroy buildings when It Is
necessary to do this tor the public
health, and In the particular case pur
ports to act In Us official capacity and
docs act tn good faith and within the
apparent scope of its powers. In such
case tho Insured cannot under a policy
of the kind now In question raise an In
quiry as to whether the exercise of the
'.lawful power was justified by the cir
cumstances Of tho particular case.
This Is an action on contract against
one who did not cause tho loss and
must be governed by the terms of the
contract. What questions the Insured
might properly raise In an action of
tort against the alleged wrongdoe.
though a civil authority, -who has set
his property on lire Is another mat
Health casc from the Amerl
Uonrd'n can civil war Is cltel,
Liability wherein the Union com
niander ordered a building to
bo burned to prevent Its being
used as a military storehouse by tho
rebels. The Are spread to another
building, on which was Insurnneo with
the exemption of loss caused by In
vaslon or usurped power. Tho
United States Supreme Court held that
the cause was the order of the Union
commander and not the Invasion or
usurped power that occasioned the
"In cases of that kind," tho Court
says, "there was a well recognized mili
tary necessity and duty to destroy
property of that kind under such cir
cumstances, so that In making the con
tract such losses could fairly be con
sidered as Intended to come within (ho
scope of the exception. Hut there Is no
well known necessity or duty or prac
tlco of burning buildings In case of
plague or other Infectious or con
tnglous diseases. Whether
the Hoard was Justified tn Issuing the
order Is not a question before us."
J. T. Do Holt for the plaintiff In tho
first case; W. R. Castlo and P. L. Weav
er for tho defendant.
P. Neumann and W. A. Whiting for
tho plaintiffs In the second case; A. G.
M. Robertson and L. A. Thurston tor
THE KOOLAUl'OKO CASES.
Circuit Exceptions to the or-
Judge ders of Judge Humph
Overruled rcB dismissing tho ap
peals In Wm. Henry vs. Piilca and four
other enscs from Koolnupoko District
Court, on the ground of failure to
prosecute the cases when called, hnvo
been sustained by a unanimous decision
of the Supremo Court. The cases are
remanded to the Circuit Court, Flret
Circuit, for further proceedings con
sistent with this ruling. An opinion
will be tiled later. J. A. Magoon for
plaintiffs; Robertson & Wilder for
defendants nnd appellants.
Yote the Straight Republican Ticket
HAWAII LAND CO.
Capital, paid up,
W. O. Achl President 4 Manager
M. K. Nakuln... v..VIc Prexldem
J. Makalnal .Treasurer
Enoch Johnson Secretary
uoo. i. veana H Auditor
BOARD OF DIRECTORS:
J. W. Blplkane
The above Company will buy, lease,
or sen lanjj in an parts or the Hawaiian
Islands; and also has houses In the City
ui uouoiniu lor rent. ittw-ji
W. C. ACHI & CO.,
Brokers & Dealers
Or We will Bd or L-afi Beal Estate Id
II parts of the group.
tW We will Bell Properties on Beaton
.tie Commissions 1
)FFICE. 10 WEST KING STREET
Real Estate Broker.
223 MERCHANT ST.
Property In town arid suburbs
and HOUSES TO LET.
T. R. MOSSMAN
Real Estate Agent
Searcher ot Titlet
Judd Building, Fort street
Incorporated under the Laws of
Territory of Hawaii.
Paid Capital $000,000
Undivided Profits 108,000
OFFICERS AND DIRECTORS.
Charles M. Cooke President
P. C. Jonc Vice President
C. H.Cooke Cashlor
F. C. Athcrton .... Assistant Cashier
Henry Watcrhouse, Tom May, F. W.
Macfarlane, E. D. Tcnney, J. A. Ms
Solicits tho Accounts of Firms, Cor
porations, Trusts, Individuals, and will
promptly and carefully attend to all
business connected with banking en
trusted to It. Sell and Purchase For
eign Exchange, Issuo Letters of Credit.
Ordinary and Term Deposits received
nnd Interest allowed In accordance
with rules and conditions printed tn
passbooks, copies of which may be had
San franciico Aotntilnz Nevai
National Bank or Haw Francisco
Han Francisco -The Nevada Nation
Bank of San Francisco.
London The Union Bank of Londo
New Yonsr American Exchange N
Cuioaoo Merchants National Bank
Paius Credit Lyonnals.
Berlin Dromlner Rank.
IIOnkono and Yokohama ITonkng
Shanghai Hanking Corporation.
NKW ZKALAND AMD AUSTRALIA Rai.
of Now Zealand.
Victoria and Vawcouvkr Bank
British North Amerlut.
Tmact 1 General Biitm am Eicime Bum
Depolsti Received. Loam mid. on An
proved Becarlty. Commercial and Traveler
Bill! of Exchange bough
Coluotioms PaomrLT ACCOUHTJD To
Transact a General Bankii a
and Exchange Business.
Commercial and Travelers
L 3 tiers of Credit issued, avail
able in all the principal citus
Intorost allowed after July
1, 1898, on fixed deposits 7
day notice 2 por cent, (this
form will not boar interest
unless it remains undis
turbed for ono month), 3
months 3 por cent., 6 months
3 per cent., 12 montliB i
Pioneer Building am
ASSETS, DEC. 11, 1891, 1U,IT7.
Honey loaned on approved securttj
A Savings Dank for monthly deposit!
House built on the monthly Install
Twentieth Berl ot Stock Is na
OFFICERS T. F. Lansing, Praat
dent; B. B. Rose, Vice President; 0. 1
Gray, Treasurer; A. V. Gear, Secretan
DIRECTORS T. F. Lansing. 8. X
Rose. A. V. Gear, A. W. Keoch, Henri
Smith, J. L. McLean, J. D. Holt, 0. J
Gray, W. L. Howard.
A. V. GEAR,
Chamber ot Commerce rooms.
Office Hours: 12:201:80 p. n
KftKQl? ft GO.
Savings Deposits will bt
received and Interest allowed by till'
Bank at fonr and ono-half per cent
Printed copies of the Rulea and Reg
ulatlona may be obtained on application
OfQoe at bank building on Merchan
BISHOP A 00.
Te Vo;ohama Specie Bin
Subxrlttl Capital .
I'alj Up Larllal
Rrftrvt4 I un4
Ileal OfliCf, Yokohama
The Bank buys and receives for eaa
lection Bills of Exchange, Issue Draftr
and Letters ot Credit, and trassae
a general banking business.
On Flaa4 LUpwbtt tor it aiooUia, a rw it t .
Oo Flial D.roill lot 6 Bocloa, K
On Haa4 Dapoilt lor , woa f
nranch of the Yokohama Srtrlt (lank.
I nsw uuDii; uuml hi iiu m, uoici:
agents, Brokers and Jobber..
ALEXANDER & BALDWINS
H. P. BALDWIN President
J. B. CASTLE...- ist Vice-President
W. M. ALEXANDER...-2nd Vice-President
J. P. COOKE Treasurer
W. O. SMITH Secretary and Audltoi
Sugar Factors and
Hawaiian Commercial & Sugar Co.
Olaa Sugar Co.
Haiku Sugar Co.
Pala Plantation Company.
Nahlku Sugar Company.
Klhel Plantation Co.
Hawaiian Sugai Co.
Kahulul Railroad Company.
The California and Oriental S. S. C.
W. G.Irwin & Go
Western Sugar Refinery Co., of lu
Baldwin Locomotive Works, at
Philadelphia, Pcnn., U. S. A.
Newell Universal Mill Co. (National
Cane Shredder), New York, U. S. A.
N. Ohlandt & Co.'s Chemical Fertili
zers. Alex. Cross & Sons, high grade rr
tlllicra for Cano and Coffee.
Reed's Steam Pipe Covering.
ALSO OFFER FOR SALE
Paraffine Paint Co.'s P. & B. Paint
and Papers; Lucol and LInst4
Oils, raw nnd boiled.
Indurlno (a cold-water paint), a
white nnd colors.
Filter Press Cloths, Cement, Llaw
CASTLE & COOKB
Tin Eva Pliautla Co.
Till Walalua Artkutfnril Co Li.l
Ts gobala Suxar C
Tb WllMIl Sum, MID C:
Ts Koloa Afflcuituf al Ca,
Tim Foltoo Iron Wortl, St. Wilt, M,
Tat Suod.rd Oil Co.
Tka Goo. F. Bilk. Sims Paaaa.
-Tht N.w Entlind Lilt laioruco Co, ol Im
-Tto rai Flrt lai. Co. ol Hrtt4,
Tni Alllaaco Anurtnco Co of Loaaoa.
Wm. G. Irwin & Co.
Wm. O. Irwin.. President and Manatu
Claus Sprockets Vice President
W. M. Olffard ..Second Vice President
II. M. Whitney Jr. .... Treas. and Be.
Geo. J. Ross Audita
AOIKTS O TBI
IOIANIO STEAMSHIP OOMPAIO
OF BAN FRANOIBOO. OAI.
QUEBN ST., - HONOLULU.
The Lancashire Insurance Co.
The Balolse Insurance Co.
Union Gas Engine Co.
Domestic Sewing Macb ne, Bt
BPWEI & C0., IiVD.,
(juho tiraot. nonoiuio h.i
FlanUi'a Llna San Tr 1 3 tco Pack tat. Ir wm
at Co.'l Llot ol Uo.jti Pack. I.
LIST OF OFFICERS
0. M, Cooke, President; George i..
Robertson, Mnnagorj E. K. Bishop
Treasurer and Socretary ; Col, W, j,
Allen, Audit ir; 1. C. Jones, H. Watar
house, Oeo, It. Carter, Directors.
b.neral Manager ol
Tb Equitable Life issartnet Socift?
Of Uu United Bute for th UawsUao
Ortioai M.rhast strMt. Box
M. PHILLIPS k 00..
Wholesale Importer and Jobbers
hropetn and American D7 looa
Ko t and Queen Street.
H. HAOKFFLD CO.. Ltd
EXERAL COMMISSION mm
Oor. Fort and Qneen Otreeti Uouolal