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PROGRESSIVE 'AMERICAN PAPER 66
I Lftnrj i tog aw,
THE PEOPLE'S PAPER.
HONOLIILU. TERRITORY OF HAWAII. SATURDAY. JUNK 15 1901.
Pbiob 5 Gents.
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(M Vol. X. No. 1866. -
SENATE tHHS ,ll
An Absolute Lack of
Friction Shown By
4 Members. ;
NEARLY $15MM ABBED
TO APPROPRIATION BILL
All New Items Come Under Head of
Public Works Roads Prove
The Senate was Juit on the point ot
adjourning until Monday upon being
called to order this morning, when Mr.
AchI entered the room. This changed
Jho aspect of things and, when other
Senators entered the room later on,
work was booming along it a great
rate. Various Items In the Appropria
tion bill, reported on by committees,
wcro pnsBcd and a number of Import
ant Items in the line of public works,
were inserted. When adjournment was
taken.Uho Senate had the proud satis
faction of knowing that the biggest
lay's work of the whole session had
been completed. There was not a sin
gle Jar during the whole session. Each
Senator seemed willing to give and
When a quorum was secured In the
Senate this forenoon, Mr. Kalauokalanl
introduced the following resolution:
Jtcsolved, That the sum of $5000 be
Inserted In the Appropriation bill for
tho 1'auoa road which begins from
Nuanu street and runs to tho boundary
of that street, the same, having been
petitioned for at the regular session ot
the Legislature of 1901.
This resolution was adopted and
then Dr. Russel Introduced the follow
Resolved, That the sum of $13,000
(Item 4C7A) be Inaertedln tbe Appro
priation bill for construction ot a road
connecting the frontier of Old Olaa
Ppnrvnt'.on .Settlement aloig 1 and
and trail with the Volcano 'road.
At this point, tho Approprlatlonblll
was la! n up for consideration, on mo
tion of Mr. Achl and the Item as men
tioned In tho resolution ot Dr. Russel,
was Inserted in the bill.
Tho fullowlng new Items wcro then
Inserted In tbe bill: Road from Mahu
kona to Kapaau, $4000; Road on East
Sldo ot Kallhl, $15,000; Extension of
Fort Street to Pinion, $20,000; Road
from Kupaau to-Pololu. $1000; Re
pairing Road from Kawalbac to Boun
dary ot Keahualono. North Kona, $,
O00; Road from 'alahea Bridge to
Keaukaha, $0000; Redemption ot Pllho
nua Branch (Hllo)$7000; For the Re
dcmptlon ot two Miles ot Kaumana
Road (Hllo), $2000; Building Wharf
Shed at Hookena, South Kona, $500;
Wharf Shed at Hoopuloa, $300; Water
Pipes, Palama, from King Street to Sea,
Ewa sldo Kamehamehn Girls' School,
$5000; Water Pipes East Side ot Ka
llhl, $10,000; Running Expenses of
Sewerage System, $32,100; Extension
reck Road, Olaa, $6000.
The Item of- Roads. Honolulu, $500,
000, was reduced to $300,000 and divid
ed Into two Items' as follows: "Hono
lulu, Fourth District. $160,000; Hono
lulu, Fifth District, $140,000. "'This Is
B saving ot $200,000.
Tho Item of Koloa Water Works,
$200, was raised to $2000.
The Items ot roads In North and
South Kohala were each raised from
$4000 to $12,000.
Along in the same place, an Item ot
-$4000 for the repairing of the road from
Kawalhae to tbe Boundary of North
Kona, was Inserted,
The Item ot Salary of the Supreme
Court Officer, $i60, was changed to
read: "Salary of the Supreme Court
The Item of Salary of Clerk to As
sistant Superintendent ot Public
"Works, passed dt"$2408. ts In the bill
THE FIRM OF
McClellan, Pond & Co.
announce that they
have removed their
offices to : : : : ,
Rooms 503 and 594
where they are prepared to
give to their clients prompt'
anl careful business service
In the lines of Real Estate,
Insurance and Investments.
and as recommended by the commit
The Item of $3000 for Salary of Su
perintendent of Sewcn' ws stricken
out as recommended .by the. committee.
Tho Item 'of Pay Roll, Walakamlla
Camp, Kallhl, $3600, passed after con
siderable discussion. A "
The Senate adjourned at 11:43
o'clock. '' tit-
As will ,be seen from the above, ths
work of the Senate this morning has
added $149,040 to the original bill but
this is made up for to i large extent by
the cuts that have been made all along
House Palls to Meet.
' The. members ot the House decided
that they would not go back to the af
ternoon session yesterday and so
Speaker Aklna did not even go through
the formality of rapping with, his gavel.
Indeed, the Speaker felt a'grcat hesi
tancy about even waiting past the al
lotted time for, upon entering the
place and counting the Representative
present, he found there the unlucky
number of thirteen.
BALLINQT0N BOOTH HAS
, B1Q SETTLEMENT PLAN
Large Tract in Georgia That Will be
Opened Up for Homes of Poor
People From Crowded
Chicago, June 3. General Balllngton
Booth, commander in chief of the Vol
unteers of America, Is planning the
establishment of a Volunteer settle
ment In tho southern part of Oeorgla.
which will be considerably larger than
any similar settlement In the United
States. 'It will bo known as "The Vol
unteer City" and' will comprise a tract
of land covering some 15.000 or 20,000
The property selected lies directly In
the cotton belt, and a cotton factory
will furnish tbe principal occupation of
tho settlers. Rows upon rows of cot
tages will be erected, and everything
will be made ready for the settlers
when they arrive. It la proposed to se-
lect thousands of poor families In ,Ne'iM'prlntc'! n a ahect and one sheet at. a
York. Chicago and other crowded cities
and furnish them with free transporta
tion, cottages'and land, give them tools
and a little money and start them to
work. The settler will be given an op
portunity to cam a good living and
eventually to pay back the money ad
vanced, him by the projectors of the
General Booth will be president of
,i, .vn.ii.(n ,i -.in .ii,. ,ii...
aaau 0ai.a.v.uaw u.a.a na.a a.vaa.t-.j aa.avv.
Its operations. It Is hoped to commence
work early this summer and havo the
settlement ready for habitation by fall.
For groceries ring up Blue 911.
WD. WM VICE
Minneapolis, June 3. The National
Woman Suffrage Association held an
executive session today, to which only
delegates were admitted. The topics
of discussion were the plan ot work
submitted by the business committee
and the consideration of the bazar
fund. This afternoon the addresses ot
State presidents were resumed. Slaud
C, Stockwell of Minnesota reported the
membership doubled in the year and
Important action was taken relating
to the regulation ot social vice. The
action ot the physicians and surgeons
at their convention last week stirred
tho delegates to indignation, and a
strong speech was made by Rev. Anna
Shaw of Philadelphia as to the atti
tude In which tho convention stands
toward me passing oi iuws iur in
. .. . . . . ..
segregation of vice In the cities of the
United States. ..
Miss Susan B. Anthony moved the I
appointment ot a committee, consisting
of Mrs. Carrie C. Catt. Rev. Shaw,
Rachel Foster Avery and Slary Stone
Blackwell, which nho(ild appear before
.tne medical convention unci snow ,ine
surgeons what attitude tne convention
has taken In regard to the regulation
ot social vice. The motion was adopted
and Miss Anthony was added to the
A plan of campaign for tho coming
year was adopted after a long discus
sion. Its main features are as follows;
Each State (o keep an organizer In tho
field nt Its own expense as far as possi
ble; Junior suffrage clubs to be formed,
especially among the women wage
earners: county organization ;at loast
one sermon a year by clergymen; wom
en's day at fairs; Chitr.uquas and tho
like, urging upon women In States with
partial suffrage to exercise their rights;
protests by women taxpayers; tho Sys
tematic distribution of literature; fre
quent publications In tho press; petl
tlons to State Legislatures to raise tno
age of consent and to make mother
guardian of children with father, and
to appoint police matrons; petitions to
all kinds ot national and State conven
tions and to Congress for a sixteenth
The Evening Bulletin, 76 cents per
! 10 IN 1Y
Board of Examiners
Leave for Hilo to be
Gone a Week.
CHIEF EXAMINER SEVERN
TALKS OF CIVIL SERVICE
Method of Holding Examinations Fully
Explained Possibility of Fraud
or Favoritism Absolutely
Tho Civil Service Uocrd of Exami
ners aro fast completing the arrange
ments needed for holding the examina
tions for the United States Civil Ser
vice which Is soon to be extended to
this TerrltoryOa Tuesday, the Board
leaves for Hllo where' they will arrange
tor the appointment ot a Board ot Ex
aminers. Knhulul will also bo vlsltod,
with tho samo object In view. That
place has lately been made a port of
Chief Examiner Severn. ho wuj
seen by a Bulletin reporter tb! morn.
Ing, talked quite extensively concern
ing the coming examinations.
'"We Intend to glvo tbe examina
tions," said Mr . Severn, "about the
tlrst week In July, as we want to leave
for homo on the 9th of that month.
We will give about forty different
kinds of examinations In theso Islands.
Last year, we gave 4G9 different exam
inations, so you can gain some idea
ot the field we cover. No twenty uni
versities in the world Cover the ground
that the United States Government
does. In Its examinations.
"The method ot holding tho examina
tions has been perfected until all
chances of fraud have been rcmtJvjtl.
The examinations aro made out In
Washington and are sent to us doubly
scaled. They are never opened until
the seals are broken In the presence
ot the class. Then, each subject Is
lime given out. These bear the same
numbers as the applications. When
a sheet Is finished It Is sealed by the
applicant, handed In and thc another
sheet Is given him. When tbe exam
ination Is finished, all the sheets are
scaled and sent to Washington.
"There, each subject Is examined by
at least two examiners, and In case
ot disagreement, a consultation Is held
and u unanimous marking Is made,
,..... l. .,mA ... 4t,n
All 11118 18 UUUU Ul'lUlU U1U 11U111U Ul IUB
uppllcnnt Is seen, so that absolutely
uo favoritism can be shown.
"The people who take these exami
nations need not think TTnit. because
they pass tho examinations, they are
sure of appointment. Of those who
pass, only three out of every five are
appointed, and about 80 per cent of the
appointments are made from the high
est one examined. More thr.n 30,000
people took the last examinations
while, out of "that number, but 9888
"In the majority of cases, only the
fclglieBt students out of every three,
Sir. Severn stated that It was the In
tention of the United States to hold
examinations in Hllo and Kahulul
some time In the, future, but until that
time, all examinationswould be held
HOPPBR E8TATE. LIMITED.
.Articles of Incorporation havo been
filed by the James A. Hopper Estnlc,
Limited. The principal office of th
corporation will be at Honolulu. Tse
business of the Incorporation cororj ;ill
lines of commercial and Industrial en
The capital stock Is $300,000 'ilviue,!
,. ,m .,,.. ,,,,. ... .!,,. , ilnl
I ch The cor)0rBte terra U fifty years.
The officers are: W. L. Honoer. nresl-
The officers arc: W, L. Hopper, presl
dent: Wlllard E. Brown, secretary; E.
Wells Peterson, treasurer. Following
are th eshareholdcrs and tho number
of shares held by each: Ellen L. Hop
per. 600; Slary H. Peterson, 595; Mar
fjaret L, Hopper; 00; Ellen. H. Brown,
595; E. Wells Peterson, a; winarn
E'. Brown, 5; William, L. Hopper, 600.
m . m
ENTRIES FOR TODAY'S RACES,
Today's card of races Is as good as
has been run off this year. In no race
Is the result a foregone conclusion,
and good sport U sure to be forthcom
ing. Following Ik the list ot entrloi:
1. One and Pone-slxteenth milca
hurdle race,1 free for all, four hurdles;
pureo.$160. Merrll's Force, Dixie Land,
2. Six furlongs, dash', freo for all;
purso $100. Molllo Connors, Vlrgle A,
3. 2:14 classtrotting and pacing,
best three heats In Ave) '-purso $200.
Wayboy, Mosquito, Tom Ryder, Lr.i
4. Ono mile dash, Hawaiian bird;
purso $150. Gaiety Girl, Amarlnn, Al
bert H, Amaranth.
5. Consolation race, ono mile, for
non-winners at this meet; purse $100,
Entries closo at post.
0. Jockey Club Cup, one and one
quarter miles handicap, free tor all,
weights to be announced the previous
evening; purse $200. Billy McClosky,
115, Oarterllne, 102, Aggravation, 103,
Welter, 120, Detender, 80, Lady Aman
7. Pony race bse-halt .mile dash
fourteen hands or under; .purse, $73
Eileen, Loktlaultl, Hakula.nl, unknown,
8undny Concert Program.
The band will play the 'following se
lections at the regular Sunday after
noon concert on the Capitol grounds,
beginning at 3 o'clock:
The Old Hundred.
Overture Isabella Lupp
Sallad-Pllgrlms ot tho Night .iLlddcl
Grand Selection Lohengrin. . . . i . .
Part H. ?
Fantasia Ye Olden Tlineatji'.i Reeve
Finale William Tell Roslsnl
Gavotte Modern Tours
Selection American Airs ...... Beyer
The Star Spangled Banner.
There will uc no concert,ln Emma
Square this afternoon. The band will
play at the races, which being at 1:30
On Monday evening, there will be a
concert at Emma Square? Tuesday
evening at the Hawaiian, hotel and
Wednesday" at the departure of tho
steamer and ht the final rehearsal of
"Creation" at the Opera House.
On Thursday evening, the' band will
assist at tho High School' entertain
ment: There may bo a concert, at tho
Queen's Hospital In the afternoon,
On . Friday- evening; thv band will
piay at tne upcra nouso at tne rendi
tion of "Creation."
The Tramways Company Is to es
tablish In a few days a Ave minute scr
vlco on tho Berctanla street line. This
announcement will bo highly apprecia
ted by the traveling public and over
crowded .cars will bo n thin" of fh'e
Tho location ot tho loops made neces
sary for the operation nf tho new sor
vice has already been fixed, the cars
arc being built and the servlco will bo
in full operation as 4oon as the track
alterations aro complete.
The first lot of new animals for tile
Improved service arrived In the
Olympic yesterday and p.re a good look
CA8E G)B8 TO JURY.
In Judge Gear's cqurt today the ar
guments In tho Japancso breach of
promlso case wcro finished at noon. At
1 o'clock tho chargo of tho court was
delivered to tho Jury and the can
submitted to tho twelve men.
In tho ejectment suit of Elizabeth K,
Booth vs. Knhuku Plantation Co. 'the
defendant was enjoined today by
Judge Gear from removing any ot the
tenements now upon tho land in con
Chas. B. Dyke was appointed trustee
by.' Judge Humphreys today for tn
purpose of withdrawing deposits from
the Hawaiian Postal Savings uank ir
behalf ot Kulaokamoku K. Kapo.
The steamer China arrived oft port
this morning from Yokohama which
port she left on the 6tb Inst. She was
detalne'd outside by tho quaruntlno
officials1 became of a letter received
from Nagasaki to tho effect that one
of 47 men who were carried from
Hongkong to Nagasaki Ifad died of
plague aboard the steamer Klntuck
three days after leaving tbo China.
This made Dr. Cofer very careful of
tbe vessel here. Tho steerago passen
gers for this port and San Francisco
arnM nut thrnilfrh n mCRt field GXaml
nation and they and their baggage sent)
Immediately to quarantine lslan.l
There are th'irty-tbrce steerage passen
gers for this port and Ave cabin.
Of the many passengers'booked from
here on the vessel less than twenty
will get awoy as the vessel Is very
crowded. She will not leave until to
morrow as part of her hold havlnp
freight for this port Is being fumlgnt
eu and will not be opened until mid
nleht. She has 2C7 tons ot freight lor
this port and will' take 360 tons of coal.
There was a big crowd at HackfsM
& Co.'s office this morning trying to
get berthB for San Francisco. Officers
rooms sold for a premium or from sia
Tho Supreme Court of lown has de
cided against a young lawyer who took
out llfo insurance nnd accident policies
to tho amount of $34,000 and within a
week camo back from a hunting ex
pedition with a foot so badly mangled
that It was necessary to cut It off. Tho
Inrv xnmn tn thn rnnrlu.ilon that he had
maimed himself and declined to give
lilm a verdict. The Supreme Court
sustains this verdict.
SAURIES il IN
House Goes Through
MEMBERS INDULGE IN
Monsarnt Wanted a Deputy Sheriff
for'Molokini and Kahoolawe
Hoog3 Proposes Fountain
The House tc-ok up the 'Appropriation
bill, and started over the Attorney
Gcenral's department for the seventh
time this morning.
Makckau made a verbal report for
the commltteo In charge ot Kawalhoa's
resolution, relative to the alleged pro
hibition of passengers from the Lchua.
He stated that the committee Tiait
hunted for President Wright of Art
Wilder S. 8. Co:, but had been unutc
op the bill. CV- $,
Hoogs asked that the committee be
furnished with fountain pens bo that
they might take down the evidence.
After moro talk, the House got 'down
to work on the salarv bill. Debates
were short and tbe Houso refused to
stand much of It, preferring to railroad
the matter rather than tnkc much time
on the lbll.
Mousarrat thought that something
was left out In tho bill as no Item
was In for the deputy sheriffs ot Molo
Inl and Knhoolawe.
Tho salaries changed by the' House
aro as follows: Assistant to Attorney
General, $3600; High Sheriff, $5400;
Sheriff of Hawaii, $4800; Sheriff of Ka
uai, $1200; Assistant to Deputy High
Sheriff (new), $3600; Clerk to Kauai
Sheriff, $1000; Deputy Sheriff of La
halna, $2400; Deputy Sheriff ot Hana,
$1140; Hack Inspector, $3000; Stenog
Action on the Police Pay Rolls, for
thx' varlori Itlonils was 'deferred," 1&W
At 12 noon tho Houso adjourned for
FOR FEDERAL TROOPS
The Board of Health is nowconslderl
Ing a proposition from Federal author
ities to place tho old plague detention
camp at Kallhl at tho disposal of mili
tary authorities In event of. the ar
rival here ot a transport with 'sickness
on board. This action ts the result of
the experience of the Transport Kll
Patrick, when the commander of tbe
troops on board wanted to send the
men to the detention (amp during th
quarantine period for rroallpox. A com
mittee has been appointed to look Into
DR. COOPER WILL GO HOME.
By tbo last mall, Dr. C. II. Cooper
icccivcd advices that his mother Is
seriously 111 atflher homo In Middle,
town N. Y.,-Th'e letter was written by
Dr. Ashley, whom people will remem
ber as the popular physician ot the
New York Regiment which was at lTo
nolulu for a time during tbe war. Mrs.
Cooper' has a number ot frlenus' tn Tils
city made while here en a visit In the
summer of 15S5. Dr. Cooper will leave
about July 3 for his home. While
away ho will attend the Grand Lodge
of the Dcncvolctt i.'dir of Klks which
meets at Milwaukee In July.
A meeting ot the FIro Commissioners
will bo held at 4 o'clock this afternoon,
Tho nrlnlcpal business will bo tbe se
lection ot a successor to the late Chief
Hunt. Between twenty ana Thirty ap
plications for tho position have been
received by the secretary.
Complaint Is made that uio driver
of tbe street watering cart seems to
take special pleasure In wetting down
passing bicyclists. This Is , a good
joko but clerks coming to town In tht
morning fall to see tho fun of it.
The Grand Jury went on a tour ot
Inspection this morning, visiting tbe
Insano Asylum and the Prison.
don. Joseph M. Sudsburg, who died
of apoplexy recently In Balltlmore, was
a fighting man of the old school, uo
was born In Munich, Bavaria, In 1S2S,
and entcre'd .the. Bavarian army, and
after sovernl"yeaw of servlco was ap
pointed second lieutenant In tho Bava
rian Royal artillery. In 1848 ho took
part In the struggle of tbe pcopio
against tho king, and after tho defeat
which camo to his party ho went to
Switzerland. Ho then went to Franco,
where he enlisted ns it private In tho
Foreign legion nnd served under Mar
shal MaoMahon, who wns his colonel.
He camo to the United StalcB nnd en
tered Into active servlco on tho Union
side of the war between tho States.
Order your wood nnd coal from the
City Wood nnd Coal Yards. Tel, Main
Through Car Line
( to Pacific Heights
The electric road connecting the
Nutiami terminus of the Tramway with
tho Pacific Heights lino will bo com
pleted within a few days. The filling
and brldgo work has oeen finished and
all the track will be laid In time for
cars to be running Wednesday, June
The connecting road Is 1300 feet In
length and is one of tho finest pieces
of road construction In the Islands.
The work wsadone under tho direction
of James McKee, superintendent of the
tViM. tnrtreit Hamann. m ittft f-lll.
fornla Fruit Market when you want
fruit and vegetables. He always has
on hand a fresh supply of both'Csllfor
nla and Island fruits. Telephone Main
iJMAXIMITE" IS ADOPTED '
, BY THE UNITED STATES
Pierces Heaviest Armor and Then
Explodes Much More Destructive
Than Bristish Lydditc-IU-
New York, June 3. The Press says:
Maxlmltc, the new explosive Invented
by Hudson Maxim, has been adopted
by this country after n series ot suc
cessful tests at the Sanly Hook proving
grounds. Tho secret Of the oxplostva
has been sold to the Government by the
Inventor, and the explosive, It Is
thought, may revolutionize warfare.
It Is said to be more deadly In Its
character than lyddite, yet so safely
can It be handled that tho danger at
taching to Its use ts less than that In
curred In transporting ordinary black
powder. The tests Indicate that tho
explosive will pierce a twelve-Inch hni
veylzed nickel steel armor plate, and,
having passed through It, will explode
on the other Me with sufficient powrr
tiv;fUo' everything, with wl
comes 'in contact. Never before
before has a
plate of this thickness and strengl.1
The tests have been made by the
Ordnance Board and have been con
ducted with great secrecy. The opin
ion Is expressed by experts that Mail
mite may revolutionize the building
og battleships and fortifications. The
lmcnsltlvcncs of this explosive Is so
great that a red hot Iron may be thrust
Into the mass ot It without causing an
explosion. The explosion of the com
pound after passing thiough tho plate
lr, accomplished by means' ot a fuse.
Shells filled with lyddite, tho high ex
plosive adopted by tho British Govern
ment, filled in the same way as was
Maxlmltc, Into the same shells and
fired at a plate an Inch nnd n halt In
thickness, all exploded on Impact,
where the Maxlmltc shells passed
through the steel plates a foot In
These tests ot Maxlmlte are regard
ed as having demonstrated that there
Is no warship of any navy capable ot
withstanding Its destructive effects,
Mr. Maxim conducted these experi
ments In person, there being no one
present except the ordnance officers
and "experts representing the Govern
In an Interview Mr. Maxim said:
"Should the United States now become
Involved In war with any other power,
we will be nblo to throw high explo
stvo projectiles through the thickest
armor of our enemies to explode In
side their war ships, while they In turn
would only be able to penetrate our
armor with solid shot, or at least, car
rying no bursting charge whatever,"
Ho thought the moral of these new
developments Is that the ponderous
battleship must go and bo replaced by
tho Bmall, swift torpedo or torpeda
gunboat and cruiser.
CHANGE AT TUB MOANA.
F, M. Smith, manager of the Moana
hotel will leave by the Zealandla to
represent thatHne hostelry on the Pa
cific coast. He will probably bo suc
ceeded. by E. H. Card who has for some
months been manager of tho Hllo ho
tel. If this arrangement Is made, Bob
Scott will take charge of the hotel at
PATENT KID SHOES
Are new and exceedingly popular, .
They are much easier on the feet
and less liable to crack than the '
patent calf worn heretofore. We
have them in both the High Cut
Manufacturers Shoe Co.
Iff DECISIONS :
BY I Hi
Judge of Fourth Circuit
Overruled in Two
LAW ON MATTEJtrOF
'v EVIDENCE AND PRACTICE
No Recovery Allowable for Voluntary
Maintenance of a Child-Ruling
on Set Oils in Behalf of
Three decisions were handed, down
today by the Supreme Court. AH at
them como from the Fourth Circuit,
The enso of Isaac Erlckson vs. Ihf
Volcano Stables and Transportation
Co., action In assumpsit, for $379., C,
naiance uue on a written contract for
construction ot buildings was decide
In the lower court with Judgment for
tbe plaintiff. The decision of the Su
preme Court sustains tbe exceptions
nil remands the rase for a new trlil.
The decision of tbe lower court Is over
ruled In excluding proof of u debt dun
tbo defendant fromtho plaintiff. Th
findings aro: "A contract debt due the
defendant from the plaintiff arising
out of a. transaction Independent at
that sued on may be plead and estab
lished as a set-off to tho plaintiff'
''In nn action In r.ssumpslt based on'
written contract, i claim for un
liquidated damages growing out of
negligent - willful failure to perform'
the same contract cannot bo properly
plead as a set-off or counter claim.
Such demand can only bo recognized
and allolved when presented by way of
Tbe opinion Is by Justice Galbralta.
Smith & Parsons for plaintiff; Wise tk
Klckcus for defendant.
In the suit of Robert GlIllspJo vs.
Robert Mcllryde lor damages the dcci-. i.f.
tlolT'ofthe lower court wns upluld CjW f4 A
the following findings: "Objections to
tbe charge of the court to tbe Jury must
be taken promptly and before the Jury
retire and preserved in a bill ot ex
ceptions in order to present the same to
appellate court for review.
'Hrrors complained of must be clear
ly set forth tn bill ot exceptions and
nppcar to be prejudicial to the party
Opinion by Oalbralth. Smith ft
Parsons for, plaintiff; Wise &. Nlckeua,
for defendant. ',
The verdict nnd Judgment of th
lower court Is set aside and a new
trial ordered In the caso of Charles M.
Lu Blond vs. Solomon Konla, guardian
ot Kumuhonua. The verdict below was
a Judgment ot $2Ii0 for maintenance ot
n ward, voluntarily taken In charge.
The Sunrcme Court finds: "One who
gratuitously takes a child to treat and
maintain as n child cannot recover
compensation therefor from the chlld'sf
guardian until after notice to the guar
dian that further maintenance of th
child will not be gratuitous.
"The guardian may properly show
by way"of defense that the maintenance
or. tne cnuu was. gratuitous., lie is not
required to provt a contract that thero ,
should be no charge for th'emalnTen
ance. "Under tbe circumstances a new trial
Is granted though much ot the evi
dence that waa held Inndmlssable bad
been Introduced and was rot stricken
Opinion by Chief Justice Frear. John
W. Catucart and Thos. C. Rldgeway,
attorneys for pTalrillff; Wise & NlckJ
eus for uercnuant.
LOST HIS BROTHER.
A. M. Herrick ot Lower Lake, Cal.,
has written a letter of Inquiry con
cernlng his brother, B! B. Herrick,
tromwhom he has not, had any wbrd
for a long time. The letter statM that
S. B. Herrick has been employed aa
foreman on the Achl Dairy Ranc!i acd
lately all Utters addressed to him go
back to the writer through the doad
letter office. .The. family Is anxloui ts.
know what has befallen S. B. Herrick.';
Fino Job Printing at tho Bul
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