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3fe THE PROGRESSIVE AMERICAN PAPER .EfeW"?
! Evening Bulletin i
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THE PEOPLES PAPER.
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Vou. X. Up. 183ft. ' 'Wl ,,Vfty 'HONOLULU, TERRITORY OF HAWAII. WEDNESDAY. MAY 8 1901.
Frige 5 Obnts.
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3t 2 IIIIL a
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SAYS 1 IK IS
Member of the African
.Light Horse on Board
WAR .WITH BULLER FOR
SIX MONTHS IN TRANSVAAL
H. M. Marshall Speaks of the Boers
and Their Country Buller's De
feats and Official Jealousy
On board the collier S. D. Carlaton,
lately from Tacoma, In a tailor, H.
M. Marshal by name, who Is now
hound (or hit home In South Side, Lon
don. Mr. Marshal Is now off on sick
leave, having served six months under
General Duller In South Africa.
"Yes," said Mr. Marshal yesterday,
when visited by a Bulletin reporter,
"I have been In South Africa and have
served In the present war. I was under
General Puller for six months, having
fought In nineteen engagements In all.
I was alto In at the relief of Lady
Btnlth. "The war Is now practically over.
There Is still considerable guerrilla
warfare but no concerted aotlon on the
pait of the Doers. As soon as the cap
ture of De Wet Is nftected tho wholo
rebellion will fall to pieces and wort
In tho mines will recommence.
"No one who does not know the
country can hnvo any Idea of what tho
Ilrltlsh had to contend with. The
posts held by the Doers were second
Glbrnltars, and could tho same number
of British troops have held the Doers'
positions, the armies of tho world
have been folied In an attempt to dis
lodge them. Why, for tho first four
engagements I was In, I never saw a
Iloor. Fighting In the dark Is hard
"The Doers are bravo enough fight
ers In the day time, but they havo an
everlasting dread of a night attack.
A night attack rarely failed to ac
complish Its purpose for, when they
saw us coming, the Doers would skip
back to their lines, and leave ui almost
"Duller's defeats were duo largely
to two causes namely, the Jealousy of
his staff officers, and the treachery of
his scouts. Chief among the first
class was Sir Charles Warren, who
was directly responsible for tho Brit
ish disaster at Splon Kop, In which en.
gagement we lost 1800 men. Duller was
promoted over Warren's head which
stirred up considerable Jealousy be
tween the two. After tho disaster, It
was found that Warren had deliberate
ly kept his brigade out of action, a
deed which came very tiear losing con
siderable ground to the DrltlBh.
"At another time, the scouts led us
Into a trap and wo suffered consider
ably. Every one sympathized with the
Doers and no one could be depended
upon. Duller himself has been badly
maligned but, barring Lord Roberts,
there Is no better strateglan nor a
moro humane man In tho British army
today. The present commander. Lord
Kitchener, Is th,e man who will bring
tho war to Its close.
"The stories concerning tho great
cruelty of the Doers are all false. The
cruel people were tho foreigners nnd
Afrikanders, etc., who enlisted with' the
Doers. These were French, Austrlans,
Germans, Russians nnd a few Irish
Americans. Of all these, the Russians
were the most cruel to men, but no
fault was found at the treatment re
ceived at tho hands of the Doers.
"The luckiest stroke of the war was
tho early capture of General Cronje.
Ho was a bad one, very cruel, even
shooting all of Vie volunteers that fell
Into hla hands. .
"The whole trouble with the Doers
Is that they are not a persevering peo-
pie. Thev give up quickly. When
asked why they were fighting, they
said they did not know. They had
We wish to announce to the
public tha', b the terms of
a contract just signed, the
ELECTRIC ROAD of (he
RAPID TRANSIT CO.
Will be Immediately extended
th'initjh n. Urge Hlll, follow
ing the line ot our main boul
evard, Contructlon w II begin AT
ONCE, and the road will be
In operation within four
months. Riving a 20-
IvT bMbqTVTI sTikMlrGr
simply been ordered ;t to vrtatn
posts to light and that' Was what they
were doing. A few of the less ignor
ant said that the Britishers were try
ing to take all the gold tWayirom the
Boers. They had been preparing for
the fight since 1881, since the battle of
Majuba Hill. i
"We have now over 18,000 prisoners,
almost all of whom gave themselves
up, being glad to get out of the war.
All of them expected help from some
foreign power and, getting none, they
have already begun to glV; up.
"South Africa Is the tffliest country
In the world. The ground Is full of
gold but, under the old circumstances
there was no chance to do any mining.
1! gold was discovered on a plot of
land, the tract waa either fenced In
with barbed wire and tabooed or. If
you happened, to be a JJrJtlgherAa Boer
would ontsFak'e you anarrm wi don
for, there being no recourse at law.
"As soon 'as Do Wet Is captured,
Botha will surrender and the war will
come to an end. With the end of the
war at hand, work on the mines will
recommence In about six; months. T
do not anticipate any future trouble
with the Boers."
(By Wireless Telegraph.)
Lahalna, May S. O. F. Britain of
Macfarlane's saloon, committed suicide
last night by shooting himself In thb
Britain used a 3S Colt's revolver, the
shot entering the neck below tno right
Tho cause of this act Is supposed to
D3 despondency. Tho suicide leaves n
v!Iu and six children.
H FOR WEST POINT
C. K. Lyman, a graduato ot Oahu
College and now' residing at his home
lu Htlo, has been selected by Delegate
Wilcox as the youug man to represent
Hawaii at the Military Academy nt
Went Point. Young Lyman, who Is tho
sen 'of Mr, and Mrs. Rufus Lymna ol
Hllc, Is 19 years of age.
Delegate Wilcox bos also endorsed
man recently from the Coast,, Barttett
by name, who applied to him to be ap
pointed to the regular service under tho
new United States amy organization.
Dartlctt Is a total stranger In Hawaii
but as none of tho olilc-rs r-f the loil
military asked blni for an endprsemcr.i,
he concluded to name Mr. Bartlett.
' 6AID PA8IIA " WAS GOOD.
Tho Josephine Stanto.i Opera Com
pany would havo pleased Honolulu
last night If Honolulu had been pres
ent at the Hawaiian Opera House lo
hear "Said Pasha." Tho members of
the company wero In a good humor nnd
the entertaining opera glided through
the two acts without J.tr or marring
The small audience was quick to die-
rern the merit of the performance and
was generous with applauje. Some, ad
mirers of Miss Stanton sent her a gor
geous lei ot bright flower! and rlbbor.b.
The comedy throughout the evening
Paul Egry surpassed himself upon
the violin while the curtain was down
Ho was encored three or four times to
which ho responded gracefully.
Fra Dlavolo will bo given tomorrow
evening. "Said Pasha" will bo pre
scnted at the Saturday afternoon tua
tlnee and Saturday evening "Wane'
will be put on again.
Francis Murphy Hall
Is open every day (Sundays Included),
to the public from 9 a. m. to 11:30 p.
m. and offers the following special
Inducements to visitors: Music every
evening from 7:30 to 11:30 p. m.; on
the tables are 'the latest papers and
periodicals; cozy corners and easy
chairs for those desiring a quiet place
for a business chat; committees are
free to meet there; strangers special
ly Invited, Anyone recovering from
a "Jag"" Is welcome at Murphy hall, to
battle with the Devil's pains, away
from temptation to atari in again
"Bromo Kola" tree to chaps that are
broke; special Saturday night concert
and literary program with short prac
tical talks on temperance; smoking la
For the accommodation ot patrons
the following refreshments are served
at reasonable rates: Ham sandwiches,
Murphy home made doughnuts with
coffo or tea, Ice cream soda, soft hot
tie drinks, cigars, cigarettes and tobac
co; other features later. Corner Hotol
and Bethel streets, upstairs.
Dr. 8loett In Appointed.
Dr. Sloggett has been appointed by
Governor Dole the seventh member nf
tho Board of Health so that that body
h now complete. The three physicians
on the Board are Drs. Cooper, Garvin
K. H. T. Wolters, who had Intended
to sail today for Germany, has post
poned his departure until tho next boat
on nccoiiut of a pending law suit In tho
Tho band will glvo a concert In
Thomas Squaio this evening.
DOLE MpT JiO
Representative rfmmeluth was tho
central figure In the opening of the
extra session of the House this morn
ing. All the trouble which for U tew
minutes, assumed quite a serious as
pect, was started by the following
resolution Introduced by Mr, Emme-'
luthand finally adopted by a voto of
Be It resolved by the House cf Rep
resentatives ot the Territory ot Hawaii,
That F. W. Bcckley, a member of
the Legislature, be and he Is hereby
commissioned as lu representative to
present to the President of the United
States the cordial greetings of tho
Legislature and tho people of the Ter
ritory, on the occasion ot this his first
visit to the Pacific Coast.
That wo extend to tho President, the
members of his Cabinet and members
o fboth branches of Congress, our unit
ed Invitations to continue their west
ward trip to these Islands, that they
may in person familiarize themselves
with tho conditions nnd possibilities of
this, the newest Territory of this
That In the event of Inability on tho
part of the President to vls't Hawaii,
tho memorial and Houso Concurrent
Resolution No. 4, heretofore passed by
the Legislature shall be presented to
him, nnd that his early action upon Ita
prayers bo requested.
Aylctt objected, saying that the
finances were far too low for such need
less expense. Dickey stated that Beck
ley should bo hero to aid In tho proper
arrangement of the Appropriation bill.
Emmcluth then Bald: "I pcrcclvo
that tho real reason for the Republican
party objecting to the sending of one of
tho majority party abroad, Is that they
are afraid some good work may bo ac
complished by Mr. Bcckley.
"Ever since the beginning of the old
P. G, government, those who have held
tho reins of power have done their best
to block tho wheels of progress nnd to
thwart the will of tho people. Their
efforts In that direction have not ceased
oven at this date, rtemember the Coun
ty bill, how It slowly passed the two
houses onl yto die a natural death In.
IS IN 11 FORGE
Tho extra Besslon for tho appropria
tion of money for paying the expenses
of the Territory Is now In full swim,'.
Both tho Senato and Houso were ca'led
together by the respective secretaries
shortly after the hour set and, In an
Incredibly short time, the oluccrs had
all been elected and sworn In. The
Sennte ordered tho clerk to notify the
Houso ot the readiness to proceed lth
tho business of thu session and then
On account of the tardiness ot sev
eral of tho Senators, tho Senato was not
called to order until 10:12 o'clock. Mr,
White called the attention of the Sen
ate to the fact that, according to cus
tom, the clerk should call the house to
order. Mr. Caypless took the chair and
Mr. Carter moved the election of Mr.
S. E. Kaluo as permanent President.
This was quickly seconded by Mr.
White, the nominations were closed
and Mr. Kalue was declared unani
Upon taking the chair, tho President
thanked the members for their choice
o( himself as presiding officer by una
nimous vote. Ho asked for the help
and cooperation ot the members In the
fulfillment ot the duties ot his office
and closed his short speech ot acknowl
edgement by stating that such help
would be needed ns It was well known
to every member, that there would be
times when perhaps u great deal of
warmth would be manifested against
the chair In his decisions.
Mr. White nominated Mr. Kalauokn
lant for the vice presidency and Mr.
Paris seconded tho nomination. Tho
clerk was ordered to cast a unanimous
vote for Mr. Kalauokalanl who, rising,
thanked the members. In a fow short
words, for the honor they had confer
red upon him. In closing ho stated that
he believed tho unanimous vote for
himself was symbolical ot tho unanimi
ty of purpose which tho Senato Intend
ed showing In Its work for tho people
during tho.cxtra session.
On motion of Mr. Achl, tho rules of
the Senato for the last regular session,
wero adopted for the extra session nnd
EXTRA SESSION If
then Mr. Achl Introduced a resolution the new appointees and all hold-overs
reelecting nil tho form"!- officers of tho wero present.. Dr. C, B. Cooper pro
s' iiotc except tho stenographer. sided nnd the following gentlemen wero
Mr. Achl moved that Messrs. Achl, around tho table: William Auhl, Dr
Baldwin. C. Brown, J, Brown, Carter, Sloggett, Attorney General Dole, Dr
Crnbbe, Kuhlllna, K11I110, Knlnuokn-
lunl Knnuha, Kaohl, Niikapaahu, Pn -
rls, Ilussel and Whlto lie declared mem-
bers of tho Senato for the extra session.
This was seconded bv Mr. Carter and
On motion of Mr, Achl, tho chair ap-
pointed tho following members n com- more limit tho presidency pro tern. He
mltteo to call on Chief Justice l'reurlwns thereupon unanimously elected
for the purpose of asking him to icpalr piesiilcnt, with tho understanding that
to tho Senato nnd swear In tho mom- ho might resign when lcnlng for hip
bers: Messis. Carter,
the executive chamber,
"In Now York, a bill 200 pages long,
became a law In three days.
"At this beginning ot the twentieth
century, It Is too late for tne Governor
of the Territory to attempt to balk tho
At this point Hoogs made objection
on a. point of order.
Mr. Emmcluth continued: "Such
efforts ore still going on, notwithstand
ing the memorial lately passed by this
"I remember In '93 when we paraded
the streets, and I admit I was one of
them (laughter), and attempted tn
overturn the monarchy, so that wo
might establish something better. Our
proclamation charged the Queen of as
suming the high pre.'jgatlves of her
late brother, contrary to the wishes of
the people. A transposed proclama
tion would accuse S. B. Dole of con
tinuing the system ot his late dictator
ship. In the Interest ot the people San
ford B. Dole must go." (Applause).
Kumalae "I rise to a point of order.
Whnt Is the gentleman talking about""
Emmcluth "I am arraigning the
late government and am not out ot or
Hoogs "I rise to a point of order.
Emmcluth Is talking through his tint.
I'm willing to donate somethings ti
ward Becklcy's trip mypelf." 'I
Emmcluth AW don't need your oh
slstanre, even If wo nro poor. We don'l
havo to go begglne."
Tho Speaker "I uphold Mr. Kuma
lao's point of order."
Emmcluth "Gentlomen. I could tnlk
for two hours on this subject, nnd 1
will do so when the bill comes up. Yoo
can't muzzle me (or. I ctnnd hero for tho
Alter somo discussion tho motion to
adopt tlie resolution was put. Ays.
Ahulll. Ueeklcy. Emmeluth, HnahVo ,
Kaauwal. Kaulmakaolo, Kanlho. Ka
walhoa, Kelllkna, Malioe, Makalmu.
Mossman, Paele, Prendcrgast nnJ
Noes Aylctt, Dlekcy, Kelkl, Kekau
la, Kumalao, Makekau, Nalllma, nnd
nnd J. Drown, The Senate then took
Upon the Senate being called to order
again, tho Chief Justice swore In tho
members and then the President swore
In tho office ot tho Senate.
On motion ofMr. Carter nnd at 10:30
o'clock, tho Senate adjourned until 10
o'clock Thursday morning.
It was at a. little after 10 o'clock this
forenoon that Clerk Meheula called tho
House to order In extra scssluu. It
was found that Representatives Mon.
sarrat, Kanlho, Hoogs, Robertson, Em
mcluth, Hlblo and Nalllma wero absent.
Representative Kaauwal offered a
short prayer and Beckley then asked
why the House had assembled. Clerk
Mchcula stated that no direct message
had been received from tho Governor
other than published In the proclama
tion. This was conslreded sufficient,
sc the Houso went on with Its work.
With tho exception of Messenger Kn
hahawal and Janitor Hanapl all tho
formor officers wero reelected. J. K.
Moboe Is tho new messenger nnd Kaut
makaolc the Janitor, Nakookoo aa
eergcant-at-arms hpyl to fight to hold
his position but he won out by a vote
ot 18 to 9 against W. H. Knlllmal.
Aklna In accepting reelection ns
Speaker made a very neat speech.
A message was received from tho
Senato stating that that body had or
ganized and was ready for business
The clerk was Instructed to send a
similar message to the Senato.
Makekau gave uottco of his Intention
to Introduce a bill appropriating a sum
of money for defraying the unpaid ex
penses of the late Legislature
Emmeluth then Introduced his reso
lution that kept the House sizzling till
the noon hour.
A meeting of tho Donrd of Health
was held nt 1:30 p. m. today, nt which
Garvin, Fred Smith, E. A. Mott-Smlth.
j Dr. Cooper was nominated for the
position ot president. He explained un
, der no consideration would ho accept
the nnsL ils a iermun?nt thing. In 11
thort tlmo ho expects to go away on a
vacation lienco would icfiiso njiythlug
001E USES RARE
Frear's Supreme Court
Bill Secures Fine
HOW IT CANE TO BE
LOST IN THE SHUFFLE
Attorney General Dole's Opinion on
Governor's Power to Prove Acts
of Legislature After Ad- ,
A story pregnant with Interest has
come to the surface 1n connection with
Act 11. passed during the closing hours
of the last day of the Legislature and
transmitted to Governor Dole, who win
waiting In his office that night.
The Act changes tho dates of the
convening of the Supreme Court. It
was not approved by Governor Dolo on
the night of April 30. It receded hla
signature Mny 6, six days after tho le
gal termination of the Legislature, ac
cording to executive count
The bill originated with tht Justices
of the Supreme Court. Judge Gal
bralth saw Senator Russel. who Intro
duced the measure. Justice Frear was
lo take care of the Governor.. Tho bill
rnme with a bundle of others to tho
Governor on tho closing night ot tho
session. It was not signed that night,
according to explanations made at the
Governor's office this rooming, because
it was overlooked and lost In the con
fusion. Many men nro free to remark,
thnt Governor Dole, seeing tho name of
Senator Itussel on tho bnck, threw the
paper to one side a3 unworthy of at
tention. At any rate it was not sign
ed and tho statement had gone forth
that tho Leglslauro had'lloodcd the Ex
ecutho with business tit tho last hour,
making It Impossible for him to give
force and effect by his signature to
many good bills.
In a fow days, tho Supreme Judges
found their law had failed to recelvo
the Governor's signature. Attorney
General Dolo was appealed to for an
opinion that would- give the Governor
reason to believe It would bo legal for
him to affix his name to Frear's bill,
The opinion rnmo on Mny 3. Frear's
bill was signed May 6.
Governor Dole's position ns stated by
his secretary, Mr. A. O. II awes. Is that
there Is no wrlt'ten law giving him tho
power to sign bills after the adjourn
ment of tho Legislature but that both
national and stato custom gives an exe
cutive this power whsn n measure of
great public Importance Is Involved.
This bill was considered by Gov
ernor Dolo ns one of grave and unusual
Import. Ho therefore signed. Tho
Governor's secretary was naked If there
would be other; bills signed before tho
ten days' limit had expired. Ho re
plied that there would bo none. He
added that the power was one rarely
used by executives and that ho believ
ed It had not been used by more than
one President of tho United States.
The opinion of Attorney Qeneral Dolt
Honolulu, H, I., Mny 3d, 1901
To Ills Excellency Sanford B. Dole,
Governor of the Territory of Ha
Sir: I herewith have the honor to
submit an opinion In tho matter ot the
power of the Governor to approve n bill
nfter adjournment of tho Legislature
sine die, and within tho ten day llmlta
tlon, written by Deputy Attorney Gen
oral Cathcart. I am strongly Inclined
to think that Mr. Cathcart's conclu
sion Is correct ns a matter of law,
I have tho honor to be. Sir,
With great respect.
Your obedient servant,
(Signed). B. P. DOLE,
Honornblo E. P. Dole, Attorney Gen
eral of the Territory of Hawaii.
Sir: In this behalf a careful exami
nation of the authorities leads mo to
tho conclusion that tho Governor has
tho power, under tho Organic Act, to
approve a bill (presented to him before
tho adlournracnt of the legislature)
after tho adjournment of tho Legisla
ture sine die, within the ten day limi
tation ot the Organic Act; and that
upon such approval tho bill becomes a
There are two opposing lines of deel
Eton upon this question.
The earliest case was decided In Cali
fornia In 1852, nnd becamo tho leading
authority In support of tho position
that a Governor has not the power to
npprovo bills utter tho adjournment of
tho Legislature. Fowler v. Piereo, 2
Cal, 1C3, School Trustees v. County, 1
Nov, 310, Thornburg'v Hermann, 1
Key. 100. Dissenting opinion In Lank
ford v. County (Mil.), 22 Atl. H2; dis
senting opinion In Detroit v. Chapln,
108 Mich. 130.
There Ir nlso n dictum to tho samo
effect In Arizona nnd Utah.
Tho contrary position was taken In
Now York In i860, nnd this ruso was
followed by tho greater weight of nu
thorlty: Ponplo v. llonen, 21 N;. Y.
G17; State v. r.igan, 22 La. Ann. 515;
'irmn v. Cnrtcrsvllle, 41 Ga. ICli
Seven Hickory v. Ellery. 103 I'. S.. 423;
La Abrn Mining Co. v. U. 8.. 175 l' B
423-151; Burns v. Sowall (Minn.), 31
N, W., 224; Lnnkford v. County (Mil.),
20 Atl., 1017; State v. County (Miss.),
1 So., 601; Detroit v. Chapln, 10S Mich.,
Tho provisions of the constitution of
California at the time of the decision
In Fowler v. Pierce (supra) was prac
tically the same as the provisions of
our Organic Act.
In the Nevada cases the decision was
based, on the view that the Governor,
tinder the Territorial Act, was so com
ponent a part of the Legislature that
his power necessarily terminated with
that of the Legislature. The Territor
ial Act reads as follows:
"That the legislative power and au
thority of said Territory shall be vested
In the governor and legislative assem
bly." Seo also Sec. 1840 ot the Revised
Statutes of the United States.
In the States where the courts hawi
taken the position that the governor has
such power, the decisions are based
upon tho provision of the several con
stitutions which are similar to those ol
our Organic Act. The whole subject
Is elaborately treated in the case of
Detroit v. Chapln (Mich.), reported In
37 L. R. A. 391, and In the notes there
to; anft a perusal thereof will Inform
one so fully In regard to the law In thli
behalf, that I respectfully call your at
tention to that case as reported.
The case of La Abra Mining Co. v.
U. S. (supra) decided tint the President
nas the power to approve hills when
Congress Is In recess for a time named,
tho court expressly refusing to decide
whether the President can sign n bill
nfter final adjournment of Congress for
tho session, ns that question did not
nrlso In tho case. Th reasoning nnd
expressions of the court are such as to
Induce the belief that a bill, If so sign
ed by tho President, would be sustain
ed as a valid law. Th eother cases
are reviewed In the cavj of Detroit v.
Chapln to which attention has been di
rected In the notes thereto.
(Signed.) JNO. W. CATHCART.
Deputy Attorney General
CIRCUIT COURT TODAY
In the Circuit Court this fo'cnnfu.
the case of John D. Holt vs. Kauhl, In
ointment was onjtrlal. Kinney, Ual
lou & McClauahau represented th
plaintiff and C, Brown the defendant.
On motion ot Attorney Uaulukou,
William McCarthy, charged with ait-
luult and battery was admitted to 1104
The following 0fflrl.1l memoranda
arc published by the court:
Notice Is hereby given to all the par
ties Interested herein that the follow
ing cuses will bo heard by Hon". A. 3.
Humphreys, First Judge of said Clr
..i!t Court, on tho day and hours hen
(natter mentioned, tn-wit: Nu 93. In
to estate of Nallmu Naolwl, Mny 'Jill
at 10 a, m.; No. 97, T. W. Hebron vs.
t'liiij. I. Helm, May 9th at 2 p m , Nu.
OS. Frank LIUIs vs. Jumes Cany, May
l'lth at 10 a. m.; No. 'J3. M M Colin
V11 L. II. Dee, .May 10th at 2 p. 111.
Tim forenoon of Mopdays and Fri
days will bo dovoted to niotlom. de
murrers, etc., In term cases and ll
utpergency chamber matters.
NO QUORUM PRE80NT.
There wjib not a quorum of the cen
tral commltteo present at the caucus
on Monday afternoon in connection
with tho Republican members of tho
Legislature which decided to endorso
Governor Dolo to President McKlnley.
It Is 011 this account that some of the
Republicans of the city are making
great objection to tho nctlon taken.
There are only four members of the
commltteo In the Islands and It takes
flvo to make a quorum.
Weather Bureau. Punahou. May S.
Temnerature Morning minimum.
C6; Midday maximum, 79.
Barometer at 9'a. m, 23.91. Falling.
Dew Point C8F.
Humidity at 9 a. m. 74 per cent.
Diamond Head Signal Station, Ma
8. Weather cloudy: wind SB. .
J. A. BANNISTER
in- S '
& ' All
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