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THE RROQRRSSIVE AMERICAN
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HONOLULU. XERfeiTOK? OF HAWAII, THURSDAY. MAY
PltiCK G Ouirrfl.
tf jr. .
.Tthir.iz.jt . ite'
n V4IIMII, 1
v 3S5 ,
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vol. x: yd:i8A2. a T '
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From Appropriation Jill
- by Senate at Today's
AALAUUIVALAril IAMB3 ,?$, I
IN ECONOMICAL PLAN
1 , I
Two'Road Supervisors Decided on for
HonoluluEach to Receive
$3,000 Thirtynine Items
The Senate, at this forenoon's ses
sion, fined $17,800 out of thirty-nine
llenn under the heads of "Treasury
Department" and "Department of Pub
lic Work!," Mr. Knlauokalanl was the
principal figure In tho reductions all
along the line nnd his views were shar
ed by the majority of the Republicans.
It Is calculated that, when the Appro
pilatlon bill has been passed In third
lending by tho Senate, there will bo a
saving of at least $150,000, from tho es
timates as submitted by the Oovernor.
When tho Senate met this forenoon,
tl.e clerk lead the special appropriation
bill of the House for the third time.
On motion of Mr. J, Drown, It passed
third reading by a vote of 8 to 2,
Mcssr. Kalauokalnnl and Kanuhn vot
Ins In the negative.
The Appropriation bill was then tak
en up for consideration on tho list of
unfinished business and the tallowing
iteniH were disposed of:
Salary of the treasurer, reduced from
$9000 to JS00O; salary ot tho Registrar
of Public Accounts, reJuced from $3100
to t.iUOOi salary of bookkeeper, rcduc
cd from $3600 to $3100; salary of Li
cense Inspector, (now) $3000, stricken
out; salary of licenser clerk (new), $3
COO, stricken out; salary of Assistant
License and Recording Clerk, $210r,
amended to read "salary of License and
Recording Clerk. $2400. nnd nnmtoil!"
salary of Messenger, $1200; salary nt
stenographer and typewriter .(new),
' stricken out.
Under (he sub-head of Tax Ilureau,
the following salaries were disponed of r
. Salary of Assessor, Oahu, $5100, reduc
ed to $3200; silary of the Assessor, Ha
waii, tJOOO, reduced to $4800; salary oj
me Assessor, .Maui, iiuuu, reduce 1 to
$1100; salary of tho Asnorsor, IJaiml.
,$1000. reduced to $3800; salary of thq
Cnmmltf Ion, Deputy Assessors and Col
lector, Jftj.000, referred to tho Wnys
mid .Means Conimltteo.
Under th head of Bureau of Convey
ances, the following sr.larles wero dis
posed of: Salary of Registrar of Con
veyances, $3400, reduced to $3200; sal
ary of Deputy Registrar of Convey-
antes, $3000; pay roll, Indexer, Copyist
and Messenger, $11,200, and pay roll,
Reusing Indexing Work (now), $3100,
referred to the Ways nnd Means Com
mittee. Under the head of Department of
Public Works, the saUry of the: Super
intendent of Public Works, $9000, was
discussed at some length. On motion
uf Mr. Crnbbe, tho salary was finally
disposed of as In the bill.
When the salary of the Assistant Su
perintendent ot Public Works, $0000.
was considered, a tlo vote resulted on
the motion to pass tho Item as In the
bill and the chair voted on tho side
of the affirmative.
Other Items under tho samo head
were passe'd as follows: Salary of
Chief Clerk, $3400, reduocd to $5200;
First Assistant Clerk, $IS00, reduced to
$4t;00; Second Assistant Clerk, $3000.
1 educed to $3100; Third Assistant Clerk
$3000. reduced to $500; Fourth As
sistant Cleric nnd Copyist, $2100, re
duced to $2200; stenographer, Type
writer, etc., $3000, reduced to $2800;
Agent Public Works, Illlo, $1200; two
messengers, $2100, reduced to $2200;
Road Hnglneer, $4800; reduced to $4,
COO; Bookkeeper, $3000, stricken out;
Draughtsmen, $7200, leduccd to $7000;
We wish to announce to the
public lha", b the terras of
a contract Just signed, the
ELECTRIC ROAD'of the
RAPID TRANSIT CO.
"will be Immediately extended
ih-U5i ',.Ee Hiil, follow
i' Uc line ot our uuln bvul
tarJ. Construction w II begin AT
ONCE, and the road will be
In operation within fojr
months, giving a so-
.- T'riiirtniirflt'ii. , l-wlf.iL.,;, 1i'-, -
Clerk, $2100, rtduced lo $2200; Super
intendent of Sewers, IJOOO, referred to
the Committee on -Ways nnd Means;
sower pay roll, $3320, passed ns In the
-When It came to the salary of Road
Supervisor, Honolulu, the Item was
split up and passed as follows:
Salary of Road1 Supervisor, Fourth
District, Honolulu. $3009.
Salary of Road Supervisor, Fifth
District, Honolulu, $3000.
The remainder ot the Items con
sidered passed ns follows: Two Can
timeers. road over Nuuanu Pall. $720
each, $14)0; two Cantoneers, Schaefer'a
to Nuuanu Pall, $720 each, $1410; pay
roll, Wntakamllo Camp, $3300, referred
to the Ways and Means Committee:
salary ot Harbormaster, $6000; pay roll.
steam' tugr weired to Public Lands
At 12 m., the Senate took the usual
The Senate met at 2:10 this after
noon and Immediately adjourned till
A polICo officer wai kept busy this
fnrenooti looking up witnesses sub
pbenaed to appear oefore tho flrand
Jury, now Investigating bribery
charges. The list la its follows: L. A.
Thurston, Henry E. Cooper, F. J. Low
roy, Iv. P, Dole, Allan Dunn, Dmma N'n
wahl, A, W. Pearson, John Kldwell, O.
II. Carter. W. C. Achl, Di. Russcl, J.
Dmmcluth, J, D. Hush, F. J. Tcstn nnd
A. P. Taylor. All but Mrs. Nawahl
and A. P. Taylor nre In the city.
When the Senate convened this
morning, Dr Russel nroso to speak on
tho matter. He said that ho would not
appear before the Grand Jury, It hn
had been asked pleasantly, he might
consider the matter, but he would not
! forced. Senators vre fieo from ar
rest. Mr. Xrbl said that he also had been
summoned to appear nt 10 o'clock. He
had business In the Senate and there
fore, he would .not appear, no matter
what w-a done to him. Mr, Carter
echoed the same sentiment.
The matter of tho Interpreter's sub
poena having, been brought up, the
Senate finally decided to send the scr
gcant-at-arius over lu the Judiciary
building to find out Just when the In1
torpretcr was needed. The sergeant-at
arms returned but he tailed to make a
HEW OFFICES f
II 0. M I. CO.
Tho general offices uf tho Oi'hu Rail
Miy & Laud Company on tho fourth
floor ot the Stangenwnld building pre
sent tho completcst and richest uppear
ance of any business headquarters In
the city. The company will uso tho en
tire floor. Besides a large counting
rcom, there are eight other office
rooms. The finishings are grained to
match the rich quarter sawed oak
counters and desks. Tho lighting Is
fine anj the urrangement of every de
tail contributes to the convenience of
tho public, and officers of tho company.
In the niauka Walklki corner, a suite
of three rooms Is set apart as the pri
vate office of I). F, Dillingham, Rooms
adjoining will, be occupied by E. E.
Paxton nnd Wnlter Dillingham. Treas
urer M. P. Robinson nnd Secretary A.'
W. Van Vnlkenburg will fiavo desks In
tho counting room, near the main win
dow, W, C, Crook Jr.. will occupy tho
cashier's cage n little further down the
corridor. A large room for directors'
meetings Is situated under tho sky
light. A heavy fire proof vault ends
tho very complete equipment of this
The different corporations having
their headquarters in these offices are:
Tho U. F. Dlllngham Company; The
Oahu Railway and Lnnd Company; The
Hllo Railroad Company; The Olaa Su
gar Company, and Tho Dowsctt Co.
Practically nothing was done In the
House this morning. Tho Independents
hnvo now turned completely around
and, Instead of vowing Instant death
to nil salaries and officers, they are
raising the pay with a rapidity which Is
nlarmlng to tho taxpayers.
"I believe we should pass tho Qov
crenorVestlnutes as they stand now,"
said Aktna."'"Tlio Governor lina nil the
proper papers and Information nt hand
ttnd kr.ows Just how much tho depart
ments need. If wo run short of money
tho Governor can call another extra
session nnd give us a Loan bill to work
The House raised tho following salar
ies: District Magistrate of V.wu from
$1080 to $2760; District Magistral of
Koolnupoko, from $1000 to $1200,
The salary of Ho Second District
Maglstrato of Honolulu" was fixed nt
$2760 and tho salary of tho clerk of tho
District Court was left at $1800.
At 12 o'clock, tho llouso took tho
usual noon recets.
rie'st boarding service In city at Stock
A sensation came out of the Grand
Jury room yS'iterday afternoon by tho
v'.Mmppearancc'of.'Korcmati J.' O. Carter In
tnc court room with tho statement thai
certain wltncsses'summoned to testify.
In the bribery matters had refused tu
answer the questions propounded. The
roreman nsKed judge Humphreys to any department of this government.
Instruct htm under the circumstances, subject them to Inronvenlence or lo
Following la the stenographic report1 place fliem upon trial innecsisarily.
of the court proceedings regarding the1 That would be n most drplorabli 'lilnt
matter: I h'Ho, a thing which thlr Court would
Mr. Foreman and gentlcmon of the' not tolerate, and n thin which your
Grand Jury, 1 understard that you de-,hlgh character would forbid you con
sire some additional Instructions ns tu.sldcrlng torn moment,
jour duties, powers nnd privileges. Neither tho (lovcrnnr of this Teirl-
The Foreman In pursuance of the' tory, nor the Recretniy of this Tcirl
duties of the flrand Juty we have sum-j tory, nor tho Attorney Uencrnl of thlo
rooncd nnd caused to i.ppear before us Territory, nor any !lher person to my
certain persons who upon being sworn knowledge Is exempt from obeying tlm
and asked to glvo Information which process of this Orand Jury. And hav-
tbey admitted they have, declined to.lng obeyed. It and hnvlni; appeared be
uo so as n matter ot privilege , nnd tne
Grand Jury would like an Ins ru-tlon as
to the power to compel thi artlis to
give testimony, J
The Court Arc any of the persons
who have chimed that privilege at
your hands, the exemption from being
required to give testimony, before you,
charged with any criminal offense?
The Foreman They nie not.
The Court Does any one of the per
sons who have appeared before you,
act In tho capacity of counsel or attor
ney at low for any person who Is charg
ed before you with a criminal offense?
Tho Foreman No sir.
The Court Upon what ground Is the
claim ot privilege based? State It In
each case nnd state the names of the
Individuals who claim the privilege.
The Foreman Henry Cooper as Sec
retary of State of the Territory of Ha
waii, declined to give the source of In
formation as a matter ot privilege, nnd
furthermore declined to give nny In
formation to the Grand Jury as to the
testimony that he has ot nn attempt to
corrupt members ot the Legislature.
The Court Was Mr. Cooper sworn as
The Foreman Mr. Cooper was
worn, yes sir.
The Court And were the questions
asked him by the foreman und other
members of the Grand Jury?
The Foreman Foreman and other
members nf the Grand Jury.
The Court Were nny other persons
picsent except members ot the Grand
Jury or tho Attorney General or some
person representing the Department of
Justlco as nttorncy for the Territory.
Tho Foreman Thcie were none In
tho room excepting tho Grand Jury
and tho wltucss.
The Court And who was the other
Tho Foreman Mr. Lorrln A. Thurs
ton was before tho Jury, nnd on being
sworn declined to state as to Informa
tion that hu had because of the tonll
dcntlnl relation which he bnro to a
client ns counsel.
Tho Court Did ho say that thnt cou-
fldentlal relation arose out of his rela-
tlon as attorney to n person charged
Tho Foreman He did not.
Tho Court Did ho base his claim to
the privilege upon uny other ground
than that stated by you?
Tho Foreman He did not.
The Court Did Mr. Cooper base Ills
claim of privilege upon any other
ground than that stated by you, to wit.
that ho claimed his privilege as Sec-
retary of Stato from being required to senttng the Government. I shall read
give testimony ns to Information which I you what Luther Martin had to say
ho had received through confidential upon that occasion In presenting tho
sources ns to tho alleged bribery of case for Colonel nurr:
members ot tho Legislature? ..Wo nro toi(1 tIint (1,rro 0Bi,t t0 bo
Tho Foreman Ho was before us reHpect between tho departments of
should say as acting Governor and Sec- government; (thnt wo might to respect
retary of State. Mr. Dole being out of the President Is.it derogatory from
town, ho Is now acting Governor. He thnt respect, to Issno process to obtain
did not, but ho made this statement to necessary testimony Irom him? Will
the Grand Jury, thnt nny statement tno irP8dent think himself Insulted by
which ho might mnk might (icrent the th demand of n mere docnumentl
ends of Justice The Attorney General Can ), pnslhly think its disrespectful?
was also before the Grand Jury but was ijt suppose ho should, is tho life of
not sworn because ho declined to glvo mnn ntcly high in public esteem,
any Information as a mutter of pilvl- not indeed the first, but the second cltl
leEC, -, . , n I,, nnr rnnntrv. 10 ho endnncpred for
The Court Did you swear tho At-
lorney ucneruw t the United States? Sir. wo appeal to
The Foreman I did not swear him nt the Supreme Maker, that wo only wish
the time. Justice, nnd fear only perjury. We np.
The Court-Did ho decline to bo proach with lifted hands, the sacred
'worn? nitnP 0f justice, as a sanctuary to
Tho Foreman I did not ask him to screen us, not from Just punishment,
bo sworn. Ho mado Ms statement. In hut from unjust, rancorous persecu
fnct sent us a letter nfterwards cmbrnc- tlon, nnd from this snnctunry wo con
ing that refusal on the ground of prlvl- fldently expect protection."
IW ' I After prolonged argument by tho
Tho Court Was tho decllnatlpn to eminent counsel In that enso on both
answer questions propounded by you tides, tho Chief Justl-o of the United
It, each rase positive and "emphatic? States concluded that It was tho right
Tho Foreman Posit Ivo nnd empha-
Tho Court Tho Instructions which
you require at the linndR of tho Court
Mr. Foreman nnd gentlemen of the
Grand Jury. Imposo upon this Court n
very solemn, very sacred, very great,
ond very delicate responsibility. It Is
a responsibility like all other responst -
bllltles, which when mot In the course
of Judlclnl labor nnd duty mii9t bo met
conscientiously nnd fearlessly.
Tho membors of n coordinate depart-
ment nf tho government, those who m-
cupy high official position, nro entltl"d
by virtue of their high positions lo hs
treated with tho greatest courts, tho
greatest consideration and the greatest
rosnect nt all times: such air.enl !im n.-
duo tho station even though the man
be not entitled to them.
U la not the desire of, this Court to
! cross-examine or to have you unneces'
sarlly cross-examine auy member of
fore'you, of giving testimony the sanui
as any other witness. .
If one occupying a itlli qfflclnl post
tlon can escape the duty, Die responsi
bility and the liability which is devolv
ed upon any other cltl3o:i of 'testifying
to nn alleged criminal offense. It would
He absolutely within tho power of any
ono occupying sjtch high station to un
serve tno (ommlstlnn rf nn offense 0
a serious nature, to become themselves
parties to the commission of such of
fense, and escape nil liability as a wit
ness merely by saying. "I nm what I
am." Gentlemen, In a free country
this cannot be tolerated. This Coun
will not tolerate It. "
In 1897 Aamn Ilurr, who had pre
viously by the suffrngo of a free nnd
brave people been called to tho Vlco
Presidential ehalr of the United States,
elected on the samo ticket. If my mem
ory forsakes me not, with President
Jefferson, was Indicted, chnrged with
the offense nf high treason ngalnst tho
United States. He had fallen from the
high estate of being the Idol ot the peo
ple, ono whom they honored and re
spected nnd worshipped, and was cast
to tho unfortunate and deplorable posl.
tlon of being on connnjVMtotisly and al
most universally despised and hated.
He was brought to trial charged with
high treason at Richmond, Virginia,
beforo tho greatest Chief Justice thai
the United States hns ever produced
During the progress of that trial.
Colonel Ilurr moved the Court while
the Grand Jury was Investigating the
charge of high treason pending ngilnst
him, thnt It Issue a subpoena dure.i
tecum to the President of the United
States requiring him jo testify before
that Grand Jury and glvo testimony lu
his behalf. .
Not only as I have stated was this
case tried before the eminent Chief
Justice ot the United States, but the
counsel In tho ease were conspicuous
for their Warning, high character nnd
high Integrity. Colonel Hay was tho
United Suites Attorney prosotutlng
Colonel Ilurr. assisted by William Wirt,
tho distinguished lawyer of Virginia,
Colonel Rurr was defended by John
Wlckham, and Luther Martin ot Mary
When the motion was made that tho
subpoena duces tecum be Issued to re
quire tjio President of the United States
to nppear before tho Grand Jury anil
testify, and not only to appear nnd tes
tify but to bring with him official pa
pers and documents, tho Idea was hoot
ed by tho distinguished counsel repre
the sake of pnctlllo to'vtho President I
,,( (ho defendant In that case to have a
subpoena duces tecum Issue to Presl-,
dent Jefferson, nnd h ordered the clerk
of the court to Issue tho taibpoenn, And
In delivering the opinion of the Couit
Chief Justlco Marshall among other ,
things osserved ns follows:
"Much has been said by tho attorneys
' of the .United States about tho dlsre-
spect to tho Chief Magistrate nnd to
thoso who occupy high official position,
"These observations will be Ivuly
answered by tho declaration, thnt tUs
court feels many, perhaps, peculiar
motives, for manifesting ns guarded n 1
respect for tho Chief Mnglstrnto nf tho
Union as Is compatible with Its official
duties. To go beyond these would ex
hibit a conduct, whhh would deserve
some other appellation than the teira
(Continued on page 1.)
Jl ID IRVINE
The first tennis mutches of the Ha
waiian Tennis Association's tourna
ment attracted a good sized and en
thusiastic crowd. Probably the most
Interesting match of the day was be
tween A. Cunha nnd J. Irwin. It was
nip nnd tuck" all the way through.
the games being mostly "deuce" Ir
win finally won out 13-11. In the sec
ond set, Cunha excelled In placing nnd,
nfter n tight tussel, won the set 6-1,
Ily that time the shades of night were
falling nnd tho comet had already mnde
Its appearance, so that It was decided
to play the deciding mnVh today.
The other games played were as fol
lieretanla Tennis Club courts
Cushman Carter defeated George
Watcrhouse, C-2, 7-5,
A. T. llrock defcatoj M. A. Check,
Pnclr.c Tennis Club courts
P. W. Ilnnsdale defeated C. A. Rice,
A. L. Castlo defeated S. O. Wilder.
The following games will be played
lieretanla Tennis courts
At 4:30 p. m., C. II. Cooke against
At 5 p. m ., tho winner of the Cunha
Irvine game against A..T, Drock.
Pacific Tennis Club courts
At 4 p. m., A. Cunha against J. T.
Irvine; C. it. Cooke ngalnst A. F. Al
At 4:13 p. m Cushman Carter
against Donald Ross.
At !i p. m C, II. Klston against K.
ROW BETWEEN FEARLESS
AND THE TtO WATERWITCII
Almost a Smashup This MorniDcr
During a Race for the Incoming
Emma Claudina Law of
Tho captains of the towboats Fearless
and Wntcrwltch are mixed up in a
wrangle. Iloth say the other doesn't
know the rule of tho road at sea and n
complaint was made to Collector
Stucknblc this morning by tho captain
if tho Waterwltch ngulnst tho captain
of tho Fcuricss. Tho Waterwltch hns
applied for a llceiibo iu a towboat and
pending the granting of the license the
vessel is allowed to do towboat work.
This morning both vessels started out
nfter tho schooner Emma Claudlnn
from Eureka. The Waterwltch was
ahead of tho Fearles3 und ns the big
boat was npproai'hln the little one
she blew one' blast of her Whistle to
notify the Waterwltch that tho Fearless
was to pass to starboird. Then there
v.as nearly a collision which Captain
Hrokaw says was the fault of Captain
1 1 ur belt Young of the Waterwltch. Cap
tnln Herbert Young fcuys the Fearless
deliberately tried to tip him over and
keep him from getting, the schooner.
Ho has preferred 'written charges
ngnlnsht Captain llrokuw with the col
lector. The rule governing the caso Is as fol
lows: "In tho folowlng rules tho words
'Steam Vessel' and 'Steamer' shall In
cludo any vessel propelled by machin
ery, In tho "Rule VIII when stenm
visscls are running In tho same direc
tion, and tho vessel which Is nstein
shall deslro to pass on tho right or star
board hand of tho vessel uhcud, she
snail give ono short blast of tho ste.im
whistle, ns a signal of ruch deklre, and
If the vessel ntit.nl answers with one
litnKt. ftlin mIi.iM fnit lmr ltnlrft til linrt- '
cr if blic shall desire to pass on tho left
or poit sldo, of the vessel ahead, she
shall glvo two short blasts of the steam
whlstlo ns n signal of such desire. And
If tho vessel ahead answers with two
blasts, Hhalt put hor helm lo star
board, . Tho vet-sel nltead shall
In no caso attempt to cross tho bnw
or crowd upon tho courte of the pass
Fine Jib Printing t
JUDGE HUMPHREYS DENIES
MOTION FOR NEW TRIAL
Verdict for $56 Damagis in Judge
Eding's Court-Case' of Men-
donca vs. Markham This
This morning In the Circuit Court,
the sealed verdict In the case of II. R.
Hitchcock vs. Hawaiian Tramways Co..
Ltd.. was ordered opened by Judge
Humphreys. The verdict'' was read by
Clerk Kellett and was for the defen
dant. The suit was for $3000 damages
for personal Injury.
When the verdict had been announc
ed, Geo. A. Davis, uttorney for tho
plaintiff moved for n new trial on the
grounds that the Jury had been In
fluenced In reaching n verdict by the,
too strenuous Insistence of tho court
thnt they mnst agree. He mnde an ex
tended speech In support of tho mutton.
Judge Humphreys reviewed the trial
of the case and recounted tho succes
sive steps In the Intercourse between
the Jury, the court nnd counsel for
both sides. The Court referred to the
stipulation of attorneys made yester
day at noon, that n sealed verdict might
be returned and recalled the fact that
both counsel had not objected to the
additional Instructions plven the Jury
at Its request yesterday afternoon nnd
flatly denied the motion. Exception
to the decision wns noted.
A license to prnrtlce law In tho Dis
trict Courts has been Issued to David
Kinney, Tlnltou & McClanahan for de
fendants In. the nctton to quiet title of
S, Ahml vsy Annie Waller et at., have
filed answer denying that plaintiff has
nny right or title In the lands In ques
tion. tn the case, of John Loeffler vs. Pa-
lama" Cooperative Grocery Co.', motion
for continuance until noxt term was
granted by Judge Humphreys this
The case of E. K. Prendergast vs.
Peter Martin was up for trial again
This afternoon the suit of J. P. Men-
,donca vs. Geo. Mnrkhim will be tried
uororc a Jury.
In Judge Edlngs court this morning
tho Jury In" the ejectment suit of U,Ah
lo vs. Mow Yuen, returned a verdict for
the plaintiff, awarding damages of $50.
For Groceries, Ring up Rlue OIL
6AFE MOVBR OF 6APE6.
William Larsen has Just completed
the ponderous but delicate Job of trans
ferring Ave heavy safes front the Judd
building to tho Stangcnwald building.
Ono of these safes, belonging to- the
Oahu Railway Company, weighs 7000
pounds. The elevators are built to
carry only n ton and n half, so Lnrsen
hail to ralso and lower tho heavy
weight with tncklo .if his own. The
destination of the big safelwas on tho
fourth floor ot the new building. In
hoisting, two hours Worn required. The
whole Job ot moving the safes was
done without an accident to fingers,
toes, plaster, paint or floor. It took
three days to carry them over.
Ktonc Qunrry RcHervcd.
J; II, Uoyd, Marston Campbell. Sur
veyor W. W. Wall and Jared Smith
made n tour of hte Maklkl reservation
yesterday. They agreed upon a reser
vation of eight or ten acres of the
Experiment Station Reserve, for the
use of the Terrltorv The Maklkl stone
crusher and adjacent stone quarries
needed by the Territory nro located on
this reserve. As the land In question
was of no value for agricultural pur
poses, Mr. Smith rendlly agreed that
title to It should remain with the Ter
ritory. The work of surveying It will
begin within a day or two.
' " '
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