Newspaper Page Text
THE PROGRESSIVE AMERICAN PWRER
THE PEOPLE'S PAPER.
Vol,. X. No. 1882.
HONOLULU. TKRKITOttT OF HAWAII, FRIDAY. JULY 5. 1901
Pjuob 5 Cents.
Idfl l,L( .
Demurrer of Defendants
Overruled on Each
JUDGE GEAR DECIDED
CASE THIS MORNING
Attorneys for Defense Want to Take
Case to Supreme Court
on Judgment on
Upon the opening of court this morn
ing, Judge George D. Gear rendered a
decision In the Iwllcl injunction case,
overruling the demurrer of dciendants
and making the Injunction permanent.
The defendants were allowed five days
in which to answer.
L. A. Andrews asked the Court If
permission would be granted to take
uppcal to the Supreme Court upon the
decision un the demurrer without wait
ing for final judgment after the ans
wer had been filed. Decision on this
point was reserved. Attorney Pitch,
for plaintiffs opposed allowing appeal
tc be taken until final Judgment had
The decision of Judgo Gear took up
each point laid down In the demurrer
and answer and cited cases In support
of his opinion that all wero without
foundation In the present case. Tho
ilcmuricr alleged that there was no
nuisance house at lwltcl. Tho de
lusion holds that there was, and rcfera
to a line of cases holding that places
of the character ot Iwllct are nuisances
and that the keeping ot such a place
Is subject to restraint by proceedings
As to the defendants' claim that the,
plaintiffs had a remedy at law under
kectlon 8S2 of the l'enal Code, and un
der authority shown by four New Jer
sey rases, the decision pointed out that
the four New Jersey cases grew out of
a violation of a statute making the
obstruction of highways a special nui
sance, remedial at law. Other New
Jersey cases were cited by the Court
In which the contention of the plain
tiffs In the Iwllct case were upheld.
Several cares were cited which hold
that,' merely because the person re
sponsible for a nuisance Is amenablo
tc criminal law docs not prevent In
The allegation of the demurrer that a
legal cause had been Joined "with one
In equity was also clearly analysed by
the Court's decision and abundant au-
hority found for the steps and the
manner of taking them, made by the
The allegation that the complaint
had been Improperly drawn, in that tho
words "In Equity at Chambers" did
not appear at the head of the petition,
was held to be of no consequence, since
the words were endorsed upon the
back. It was pointed out that the au
thorities had held that papers requiring
the signatures of lawyers, were held
to be correct, even when tho name was
only endorsed upon the back.
The allegation of the demurrer that
there was no nuisance to suppress, by
Injunction, was characterized by the
Court as absolutely without merit and
absurd. To assert that because an evil
had been removed by a temporary In
junction and that thereforo no evil ex
ists, against which a permanent Injunc
tion may be directed, was a species ot
leasonlng which the Court considered
The objection to the affidavit ot
Rev, Mr. Azblll, only shows to what
lengths the defense has gone to at
tack the plaintiffs In tho case, observed
the Court. The demuner being over
ruled, I.. A. Andrews noted exceptions.
In the Jose da Sllva case Attorney
l'ltch asked leave of the Court to
amend the petition of tho widow by
ttrlking therefrom nil allegations of
fiaud against the present administra
A Good Home
Should have a I'ttle
amunJ It. Even the
bst of neighbors m.y
clone under your
windows. Lots In : :
are large, near the car
line, and high above
the malailal fogs of
McClellan, Pond & Co.
or Castle & Lansdale.
tor, J. A. M. Osorlo. .Mr. Fitch Mated
that on n full Investigation he was
satisfied that the charge of fraud
against Mr. Osorlo could not be sus
tained; that he did not wish to b A
party' to any Inadvertent Injustice
against the gentleman, and therefor
desired to cllmlnato the accusation of
fraud from theproccedlngs. The Court
granted the motion. This leaves the
rase to stand upon the propositions as
to whether there Is or Is not a widow,
and whether there are ot are not broth
ers and sisters or their descendants.
If thero Is a widow, and she has not
waived her rights, she Is entitled to
name an administrator and to takn
half tho estate even If there arc broth
ers or sisters or their descendants, anil
to take It nil If there are no other kin.
Another Interesting question Is
whether Osorlo's action In selling the
Punchbowl leasehold estate without
an order of court will be sustained. The
further hearing of the case was coo
The application of E. A. Douthltf'
for admission to the practice ot law
In the courts of tho Territory of Ha
waii has been filed with the clerk ot
the Supreme Court. The application
Is endorsed by J. J. Dunne, Acting
United States Federal Attorney,
Minnie Merrill has brought against
her husband, Loren V. Merrill, for ab
solute divorce on the grounds of ex
treme cruelty and failure to support.
She OBks further that her maiden name
of Mlnnlo Kagan bo restored to her.
Among o.ther charges, the plaintiff
says that, while ostensibly kind and
truthful, the whole treatment ot her
self by her husband was one
mass nnd tissue ot falsehood, fraud and
Further, thnt under various false and
fraudulent pretenses he obtained from
her the whole ot her earnings of JS5
per month as a school teacher In the
Normal school, securing from her by
this means, something like a thousand
Tho plaintiff also alleges that this
money was appropriated to her hus
band's own use and that, although ho
made quite a neat sum ot money htm
self, never did he use any of It for her
own support but spent It tor other pur
poses, to her unknown.
The complaint further states that the
business methods and alleged dishon
esty kept petitioner in such a nervous
condition as to affect seriously her
bodily health alid Btrength and, that
defendant absconded from the Terri
tory of Hawaii, leaving her almost pen
r.llless. without provision for the fu
ture and among strangers with but $10
in her possession.
C. C. liming is the attorney for the
OUT AT MOANA.
The Moana hotel presented an ani
mated scene luat evening where l.ad
gathered many ot tho local people to
partake ot a sumptuous dinner pre
pared In honor of the greatest and
most Important of all American holi
days. The menu was most complete and
fully two hundred people sat down to
tho tables. The souvenir menu was s
gem of the printers' art, and was eujor.
ly Bought for as a memento of tha oc
casion, while the presence ot the mem
bers of the Healanl ind Myrtl'i boat
clubs added zest and enthusiasm to
the occasion. To E. H. Card, the n-iw
manager, as likewise the head diet,
Mr. Magnan, la due great credit for the
manner In which the guests were en
For groceries ring up Dlue 911.
Crowds nt Pacific Heights.
The popularity of Pacific Heights
was mado manifest yesterday by tho
crowds that patronized the clectrla
road and the many prlvato parties that
spent the day enjoying tho clear atmos
phere and beautiful scenery always
available on the Heights. Tho electric
railway carried over 2000 passengers
during the day. In the evening a mag
nificent display of.meworks was pro
vided. Tho colored fire, rockets ami
Roman candles coupled with the eer
present electrical display made a com
bination of splendor that attracted at
tention all over the city. No placo In
ci around the city furnishes an oppor
tunity for a day's outing easy of ac
cess than the popular Pacific Heights.
Woolley I Delayed.
John O. Woolley, cno of the best
known temperance speakers of the
United Stntes, wrote that he would ar
rive here In the Mariposa July Gth. so
he was booked to speak at a nvss
meeting for men In V. M. C. A. hall
at I o clock hunday afternoon, as
polthcr the Mariposa nor tho Zealandla
will arrive on that date It Is very , glafbt.a known viitttubllc." a re
doubtful If Mr. Woolley can bo expect-, ncit rc,nB como up frjm that lo.-.il
rd. In rase he does not come on the , y for ,)C Department cf Agrlculuqt
fihina the men will bo glad of an op
ortunlty to hear tho popular young
preacher and teacher, Itcv. Edward
Hates Turner who op Tuesday leaves
Mills Institute (o nofpt the pastoratn
of tho Foreign church at Kohtila. Mr.
Turner's subject will be, "Tho Cost
"Tho Nlbblcr'B Magazlno sent mo a
check for f iO for my poem," bald the
rhymster. "I consider that a feather
In my cap."
"Yes," said his wife. "Now, you
glvo mo tho money, and I can get a
new feather In my bonnet, too." Dal
NK ITS Til
Memory of Paul Neumann
Kept Green By
IN THE SUPREME COURT
Lawyers Hake Eloquent Speeches in
the Presence of Supreme Judges
and Assembled Members
All that can bo said lu formal word
and record bus been uttered from the
heart of friends and associates of tho
late I'aul Neumann. The pages of
the court records In which ho to often
appeared In the role of counsellor nr.d
advocate, bear testimony of the abid
ing love and esteem In which he was
held. In tho Supreme Court this morn
ing, the members of the Bar Associa
tion met to present their last testi
monial. The resolutions prepared by
the committee consisting of A. 0. M.
Ilobertson nnd K. M. Urooks, were pre
sented by Judge Whiting. They read
Whereas, the Hon. Paul Neumann,
the first president of this Association,
has been removed from our midst by
Hesolved, That deeply deploring our
loss, we, as an Association, do place on
record, In affectionate remembrance
of our departed friend, this expression
of our appreciation of his genial nature
and kindly sympathy for alt with whom
he came in contact, which mado htm
Beloved by all men:
LAWYER, SCHOLAII, FIUEND.
Resolved, That we extend our heart
felt sympathy to tho widow ami family
of Mr. Neumann In their affliction;
Hesolved, That these resolutions be
spread on the minutes of the Supreme
Eloquent tributes were paid the Ufa
and character ot Paul Neumann by
Judge Whiting, F. SI. Hatch, W. O.
Smith, E. P. Dole nnd A. S. Hartwell
In ordering the resolution spread
upon the records ot the Court, nnd a
copy sent to the bereaved family. Chief
Justice Frcar milled his tribute with
Tho attorneys present were: Hon.
M. SI. Estco. Hon. W. A. Whiting. A. S.
Hartwell, J. I.. Kaulukou, W. O. Smith,
J. SI. Davidson, W. A. Kinney, E. H.
McClannhan, Attorney General E. f.
Dole. F. SI. Hatch, W. L. Stanley, J.
U. Vivas, A. A. Wilder, I. SI. Long, J.
T. Dc Dolt, 11. Smith. G. A Davis S. K.
Ka-nc, I.orrln Andrews. F, E. Thomp
son, Hon. A. S. Clcghorn.
It Is a nlty that Herr and Madame
Marquardt should have to arrange for
their concert to take placo on the
Fourth ot July, as It Is n bad night for
theatricals, at tho best, and last night
was no exception. The small audience
that had the pleasure ot listening to
tho excellent rendition ot tho delight
fully selected program was enthusiastic
and expressed Its appreciation In A
gratifying manner, to the artists when
over there was occasion.
Madamo Marquardt easily carried oft
tho honors of tho evening, not because
of tho novelty of hearing a lady harp
ist but by her brilliant execution and
Intelligent rendering of each of her se
lections. The clever little lady wus at
tired in n charming nnd dainty gown
which added to the beauty of tho tone
sho produced from her Instrument.
Herr .Marquardt although a clever
violinist Is not as good a performer as
othois who hao visited Honolulu.
However, his selections wero very ac
ceptably given anil heartily applauded.
Miss Carrie Castle did better work
as the accompanist than It has been
our pleasure to hear her do hereto-
I fore, handling the Intrlcato plana
ecore3 with perfect ease. Mrs. J. T.
McDonald was In good olce. Sho It
deservedly popular with Honolulu au
diences. ; - , - .
Mr. James D. Dougherty was In
splendid vojco and sang in his most
pleasing style, responding to hearty
A VERY VALUABLE GRASS
Tliel0 wI1, 1j0 forwarded to Kona
, BOon bunch of ono of tho "nanlcum1
nnd Forestry to send i.p bomcthltw to
choke cut the Hllo grai?.
A small amount of tho panlcum
spcctabllft was brought from Fiji by
Prof. Koebclo during hU Irlp to lha1
rountry. It wus planted In Nuuaiu
valley and, to the gicat pleasure i'f the
peoplo of tho Department of Agr'cui.
turo and Forestry, It bus choked out
tho Hllo grass wherctrr it has been
This buccess along tho lino of de
stroying an undesirable grass has
prompted the department to try l on
lantana. It is believed by many that
by planting this grass thickly In local!
tics where lantana Is to be found, Ihlf I
most bothersome plant will be choked
Tho panlcum spertabtto Is valuable
not only In Its ability to choke out the
Hllo grass but on account of Its nu
tritious qualities which make It such
B splendid fodder grass. The sterna of
the grass aro very tough and, at each
joint, the roots grow out and fai'.co
themselves In the ground so that the?
can fasten themselves about olhct
vegetable growth that might hiipper to
be In the neighborhood.
.Miss Annie K, Holt nnd tawrence
Klindt Kcntwcll were married last
evening at the Catholic Cathedral, tho
Illght Itovcrend rtopcrt Gustan, Illshop
ot Panopolls officiated. The ceremony
was most Impressive. The altar and
chancel were partially concealed by
ferns and other greens. A large num
ber of Incandescent lights shone out
from behind the decorations, display
ing In relief, the FigurD upon the Cross.
Shortly after 8 o clock, the organ
broke forth in a wedding march, and
the bride entered the main portal,
leaning on tho arm of her brother,
John I). Holt, Jr. Mlio Lizzie Holt,
sister of the bride, as tnnld-of-hoifr,
Miss Helen Holt, a cousin of the bride,
ah bridesmaid, and Vivian Richardson,
followed. As the party proceeded tip
the aisle. Father Valentin sang n beau
tiful solo. The Dlshop of Panopolls
entered the chancel trom tho vestry,
and the groom, attended by A. SI.
Walcott, the best man, entered th
navo by a side dour. Then came the
After the ceremony, the wcddjng par
ty nnd guests went to the home ot
John D. Holt, Jr., where a big luau
was served. Among the guests was
The last performance of the Jordan j
under canvas was given last night and I
tH,v thv mm ..n nMr Mm nm.,n,n. I
today they fold up their tent prcpara-
lm. m .hoi,. ,i,,n,iro .omnrrn.v t. I
at the Chinese theater on I.lllha street.
when a combination program of the
Jordan forces nnd the Oriental com
pany will be given. The entertainment
should prove an Interesting oppor
tunlty for those who have never seen n 'I")'. Candidates for these positions
the Interior of a Chinese theater. Tha'm"1 ,l0 bc tho, " 2l "
boxes hae alt been taken and the gen
cral admission prices placed at 25 and
SO cents, the latter amount tor tha
balcony seats, the aristocratic part of
a Chinese theater. Tho Oriental Bide
of the piogram will consist of acrobatic
and Juggling work for which the Chi
nese are famous, while the Jordans will
choose the best feat urea of their own
program to fill out the evening's enter
tainment. ROCKETS AND RCD FIRB.
There was quite a liberal display ot
fireworks. The most beautiful effects
enmc from Punchbowl slopes In the
vicinity of the homo of II. P. tlaldwln.
Walklkl nnd Nuuami also displayed
their patriotism In good style nnd Kut-i
mukl was plainly visible under the
constant Bhowcr of red, white and blue
fire In all manner of fantastic shapes.
At the Flying Jordans' tent. Just nftcr
Seabury's dive, a large number of big
rockets nnd Roman candles wero set
WANTS HABEAS CORPUS.
Ah Ol hah petitioned In Judgo Hum
phreys' court for a habeas corpus on
the ground that ho Is being unlawfully
restrained at Oahti prison. The peti
tioner nlleges that lie was convicted
of burglary In tho first degree on th
verdict of n Jury. He alleges further
that the verdict and order wero Illegal
In that the verdict rendered thcieon
was roneiirred in by only ten men out
of the twelve. F. M. Ilrooks appears
tor the plaintiff.
PETITION FOR A TRUSTEE.
Anna Umg has petitioned In the
Circuit Court to have C. W. Ilooth ap
pointed a trustee to take hold ot nnd
Invest a fund of 11837.50. tho net pro
ceeds ot laud In the cstnto of Joseph
Uooth, sold years ago, and now in tho
hands of the clerk ot tho Judiciary de
partment. Anna Long Is tho widow
ot Joseph Ilooth and, as such, Is en
titled to a life estate In and to this
Chinese Case Postponed.
Owing to tho necessity of having it
Chinese Interpreter In the case, th-i
proceedings In the Federal Court In
tho matter ot the status of four Chi
nese, were continued this morning to :.'
o'clock this nftcrnoon. The case, whoa
decided, will dctermlno the fate of Chi
nese residents who were absent from
the Territory during tho period nf
registration of Chinese by Collector
Abram Kaulukou left in the Manna
I.oa today for a two weeks' vacation
Peter Manuel has been arrested ou
complaint of his wifo for desertion,
Calls at the House
TEL. BLUB 621.
TEN ill' MEN
1 H NEEDED
Otherwise House to
Letter Carriers Wanted by Post Office
-Only Six Candidates at First
Honolulu's house to house mall de
livery stands n chance of failure on
account ot the lack of a sulllclent num
ber of candidates for ,iisltlons as mall
Postoflicc Inspector Linn was very
much disappointed yesterday when
only six men showed up to take the
civil service examination for letter
carrlcm. It will require ten men to
properly equip Honolulu's proposed
Lanier service, and should oil the
men who appeared before Examiner
Severn make the required mark, the
service will still be four men short.
That this important convenience to
the community may not go by the
hoard Sir. Severn has consented to i
hold another examination at 10 o'clock I
tomorrow forenoon lu order that tho
"utn mn- J"? flllc,t " "098)b.11c' .
Inspector Linn speaking of the mat-
thl morning said he was surprised I
'and disappointed at the result. He
IffWtna 11 rkfa n t nil nnlA Stno
considers the mall carriers post ono
ot tho most acceptable in the whole
government service. .Tho pay is good,
the occupation healthful nnd the hours
are established by law at eight hours
10 years. The examination is not
dinicult one, covering tho simplest of
the common school studies. The pay
It advanced after a year's service to
It seems strange that in n city ot
Honolulu's population that there ore
not ten men to be found who seek
positions as letter carriers. Under tho
circumstances It will prove a great
misfortune If there Is not a larger re
sponse at tho second examination to be
HOUSE DOB A VERY
TIE II I
Tho House was a very tmue nfTnli
this morning. All there wuh to do was
tn pot ri.mil' Mr n cnnrirfnpo tttl tlin
current expense bill, tho Senate noi'
meeting until the afternoon. Mr. Ueck'
ley had tho bill taken from the tabic
and moved that the House do not con
cur, being a parliamentary preliminary
to a conference. Tho motion carried.
Then Emmeluth's concurrent resolu
tion Introduced Wednesday and read
ing as follows, was taken up and pass
ed: "That a conference committee to
consist of bcen members from each
House bo appointed for consideration
the House of llepresentntlves and th ','M!. Wo,V,,Iby U v.l'ry P""''"'''."
amendment thereto proposed by thef'd ""J- "?'"'& i"1'" !?" cnKnlnIK
. a now servant, "lies qulto n promt-
.Vll .. . i. nent Boclcty nun nnd cr.tcrtulns "
"That the members of said commit- .., no Bt)?.. interrupted the nppll-
teo be appointed by the Speaker of cnnt. "Faith, then, he ought to know
the House and tho President of the mo Undo Mike. Nary n society yo
Senate, respectively. ever beard tell ot that he don't belong
"That six members shall bo selected to." I'lillaileljilila Press.
so that each election dlbtrict is repi c-1 Tfg; . r1?
scnted on each committee, the seventh i rtt:2t!t-!l!:!ii:!!ctt
member to be appointed nt large.
"Thnt th clerk nf the House Inform
the Senate of the action by thli'
Ilrcklcy tried to get In an amend -
ment that the only report to bo con -
tldered should he tho majority report
of such conference committee. In or -
del- to save time. At first, the HousrI
lavoreu u ouc jiaKaimu liuiuiru uiu
that If the Senate got one, single House
member over to their side, the House
would bo In the minority nnd would
have to swallow the Senate's amend
ments. Tho amendment was lost on n
There being nothing more to do un
til the Senate should send down some
thing more, the House, about 11:30
took a recess until 3 o'clock so na to
give tho Senate a chance to manufac
ture a llttlo business for the lower
house to consider.
The Court of Claims Is meeting In
executive session Just now. There has
been n great deal ot lmpoitaut busi
ness tiniihactcd during tho l.ibt two
tluee days but tho most Important
tlijng wus the unanimous adoption of
the following resolution at this morn
lug's cession: '
Ho It resolved. That It Ib Hie sense of
this Commission that no awards bo
entered on tho record of Judgments un
til after tho expiration of the four
months within which claims shall b
Although none of the commissioners
i nrc willing to speak on the reason for
the adoption of the foregoing, it lJ
learned that the Comlsiloners bav
Mi card so much about 'ciimpromlse"and
1 talk ot a like nature, that they bav
' determined to settle this for all time.
I Tho adoption of the revolution means
1 that every claim must be In during the
allotted time. In this way, there will
be no chance for a "compromise."
It Is understood that many claimant
hno been holding aloof, 'waiting for
tUo Commission tiT make nwards In
claims already handed In. It Is altt
understood that this uniting game Ii.-m
been Indulged In by some so that,
learning of awards In certain casej,
they might rnlxc the amount ot tlHr
claims nnd thus come out ahead of the
game. Verily, these hopes have all
been (Unpolled by the resolution ol
Esther N. Plllpo and Elizabeth K.
t'ltlpo have (nought suit against Nettle
L. Scott nnd the Kona Sugar Co., Ltd.,
a corporation, to determine n lease.
The petitioners comphlu, as follows:
That on August 21, 1891, they leased
to Nettle L. Scott. 33 out of their J6
thares (Individual) of the land of
Holualo.1, North Kona, where today
'stands the Kona plantation. The
Icaso was for thirty years from and
alter September 1, the rental per an
num agreed on being $318, payable
half yearly In advance.
That after the execution of the lease.
Nettle L. Scott sub-leased a portion of
the premises to the Kona Sugar Co., a
That, by the terms of the lease, the
lessors wero authorized to terminate
Iho -same upon the non-payment of the
rent therein reserved nnd thirty dan
shall have expired after lawful demand.
i""1 " ".""" '' Jerome void: the
lessors to re-enter said demited preml-
That Nettle L. Scott nnd the Kona
Sugar Co. have refused and ptrslslt In
refusing to pay the rent due the plain
tiffs. That tho defendants bnvo stated that
they Intended to make tho petitioners
nil the trouble and expense they could
with reference to said premises In or
der that they might 1)3 compelled to
sell said premises.
Achl and Johnson for the plaintiffs.
(HE NEW II
Ilccnuse thero Is a law hero against
I shooting firecrackers In public street
several good citizens wero haled Into
the Police Court this morning, to ana
wcr to charges of common nuisance.
Judge Wilcox did not fine any of tho
offenders, but mildly admonished them
not to do It ugnln unless they had the
permission of the (lovernor or one of
the police, magistrates. All of the of
fenders Htated that they thought they
had not been breaking the law In cele
brating tho Fourth In tlmo honored
manner. anilJudgo Wilcox remarkln
that he had no recollection of Chi
nese being hauled up fr.r tho discharg
ing of yards of firecrackers on their
New Year, turned tho offenders loose.
Considering tho fact that yesterday
was tho principal American holiday
and that they wero only doing as
evcrynno In tho United States has the,
right to do on tho Fourth, there was
much complaint over the action of the
pollen In putting a damper on the fun
of sonic of tho celebrators.
The only other
SHOE as good as
easy and as up-to-date
is : : : ;
Invited : : : : :
Store Open till GtfO
'Saturdays - 0:80
KONA SUdAR COMPANY
IJ. .... ., , JSil,