Newspaper Page Text
EVENING nULLETIii, HONOLULU. H. T.. FRIDAY, JANUARY 3, 1902.
COOL WEATHER COMFORTS
You need warm wrapt now while the weather li cool and chilly. We
are offering Ladles' and Misses' Capet that will keep the wind and cold
away and are to attractive that showing them Is almost as pleasant as sell
ing them. We have them all on display In the store, and every one Is
marked In plain figures. Prices are as low as a high grate of goods can
possibly be sold.
meilUII UlUIIIJvii mm tight Itneth inJ cut lor
eirrUeecipeft TrlmmeJ wlln hill Inch strlr nr
Mellon Cloth time color, nJ four root ol QQ fin
Lxira value mi rauiv vuiww
Ladies' and Misses' Capes, Navy 2L 3,uu
Blue Clolh'orxiAicUr' $2.75 Sealetle Capes ""sg. oo miTsVVBB
Large and handsome assortment of Heavy Golf and
Steamer Capes, Prices $10.00, 12,50, 15,00,
In Our Show Windows we
arc displaying nn excellent nHttorlmcnt of
CHILDREN'S COATS and JACKUT8, nil plainly
marked nnd ot cxtrn vuliic. I I I I I
CHILDREN'S REEFER JACKETS
Id navy bluo and bottlo green, trim
med in whtto silk soutncho braid, at
4,00, 4,50 and $5,00 each,
104 white, brown or grey Cotton Blankets at 1.00 per pair for double
oed, 10-4 heavy white, brown or grey, 1.25 and 1,50 per pair. Extra
heavy white Cotton Blankets with blue or pink check border, 2,25 a pair.
All Wool Blankets, 11-4 for double beds, with blue or pink border, 5.00
per pair. Full stock of All Wool Blankets from 5.00 to 10,00 per pair,
Sachs' Dry Goods Co., Ltd,
Theo. H. Davies & Co., Ltd.
!- I Hardware
fif I Department
SOLE AGENTS (or
Alsen Portland Cement
Roche Harbor Lime : :
Dick's Balata Belting ;
GRAND REMOVAL SALE
For one week only commencing Sat
urday, November 16, our entire stock
will be offered at reduced prices on
account of removing to Robinson Oik.,
Hotel street, on Saturday, November
23. Give us a call and convince your
self of our low prices.
N 14 Hotel Street, near Nuunnu.
', , fllMjUH SI , Ill
, Japanese Provisions, etc.
:p.. BOX 880
DIG HOLIDAY 8TOCK OF TOYS.
Many new 8taytes Table Covers, Embroidered both of Grass Linen and
Embroidered Piano Covers, 811k Handkerchiefs, Etc.
Heavy Pongee Silk and White Silks, Victoria Lawn, India Lawn and
Laces of all kinds. New stock of Swiss Embroideries.
DRY GOODS OF EVERY DESCRIPTION.
P. O, Box ms. Til. il.
THE OLDEST CHi. ,3E FIRM IN HONOLULU.
Dalri la Fin Sllki &6 Gnu Llntoi, CblntM to4 JtptoMt Ooolt of All Klsii.
the Bulletin, 75cts. per month
Mown Dlnn Prnstl P.IMh nlctly lilmm J Hh
IIHIJ UIUO uiuuu uium tor .ru vk nil
soutaihc crau. li viim
Snnlfih Plaid rSSET 'SU.'S "ntf
Colors, navy bluo, red, bottle sreen,
tan, brown and electric bluo; mado
of good quality cashmere, and trim
med with fancy sflk braid, anil in tho
latent fashion, at prices ranging from
2.75 to $8.00 each,
When we consider that one-third
of our lives are spent In bed and real
ize that the nights are getting colder,
we begin to wish for warm blankets.
Good values will be found In the following:
Dry Goods, Grocericts.
MORTGAGE TO IIACKFELDS
NOT RIPE TO FORECLOSE
Decree of Judge Little Dismissing
is Affirmed New Trial
Ordered in Another
An appeal from the Judge of the
Fourth Circuit Court hag resulted in
the sustaining of his decree, the case
being that ot II. llackfcld & Co., Ltd.,
vs. J. E. Orosstiinn nnd M. E. Clross
mnn. The unntilmoiis opinion of tho
Supreme Court to that effect Is written
by Justice Ualbraltli.
On May 4, 1897, the Grossmans wcro
Indebted to l'nul Iscnbcrg and J. K.
llackfcld for advances amounting to
$1750. in consideration of this debt
nnd the ngiccniuit ot HncKfcUl & Co.
to make further advances as needed,
during ten years ensuing from Hint
date, not exceeding $31,400, the defen
dants executed a mortgage on their
coffee estate of 200 ncres at Olan. Ha
waii. It being provided that the mort
gage should lie a continuing security
for all advances made during euch ten
years In any sum not to exceed J.IG.liiO.
This mortgage was afterward assigned
lit II llnrltfntil AV I'n. t.til
The mortgagors covenanted that they
.. .i , i . .. .i ...i.i.. ..i ..r i
would keep up the cultivation of cof-
fee upon the land to the satisfaction of
luc uiurib-.inees, nun u ureai-u with
made In nny of the covenants of the
mortgage then the Indebtedness should
nt once become wholly due and pay
able. Advances were made under the inort
Kane until .March 1, 1901, when tho In
debtedness amounted In the aggregate
to J20.OSl.7C. At that date the llnrk
feld corporation refused to mnko nny
further advances under the mortgage,
and by resolution of the directors dr
clared that it was not satisfied with
the cultivation of coffeo by the defen
dants and ratified tho action of Its
president, Paul Isenbcrg, "In proceed
ing to forccloso said morlgago by rea
son ot the breach of the covenant to
keep up the cultivation of the coffeo
growing upon said land to the satis
faction of the mortgagee, and also for
breach of the covenants contained in
the agreements referred to in said
mortgage relating to the keeping of
proper books of account und to tho
purchuso ot supplies from II. llackfcld
& Co. and II. llackfcld & Co., Limited."
On Match 11. 1001. tho plaintiff filed
Its bill to foreclose the mortgage, nl
lcglng breach of conditions. The de
fendants answcicd denying the breach
of the covenants nnd alleging that tho
plaintiff was not bona fide nnd In good
faith dissatisfied with their cultiva
tion of tho coffee, but that Its dissatis
faction was with the venture as a
whole and with coffee culture an a
profitable Investment. At tho time the
plaintiff abandoned all of tho alleged
breaches except that In relation to tlm
cultivation of coffee.
Tho Judgo found for the defendants
and entered n decreo dismissing ths
bill From that decrcn tho plaintiff ap
pealed. Tho appellant contended bq
foro the Supreme Court that tho law
ot the case was settled In this Jurisdic
tion as announced in Rawlins vs. Soap
Works nnd l'ortcr vs. Hawaiian Fork
Tacking Co. Distinctions nro found,
however, by tho Supreme Court and,
after reasoning at length on contrncts.
It makes tho one leading question sub
mitted to the Judge to have been
whether or not the nppellant was, as u
matter of fuel, In good fulth dissatisfied
with the defendants' cultivation of tlm
coffee. He decided in tho negatlc nuil
his decision la upheld by the Supreme.
Court, tho syllabus of whoso opinion
shows the following points ot law de
termined: "A mortgage w Ith a covenant on tha
part of the mortgagors to cultivate (he
conce now or hvcarter growing on
the mortgaged premises to the satis
faction' of tho mortgagee and with fur
ther covenant that upon a 'breach In
the performance or observance' of nny
one ot tho covenants contained there
in, the Indebtedness thereby secured
should thereupon 'become wholly duo
und payable gives to the mortgagee
an option to declare a forfeiture when-
over ho may bona fldo become, dissatis
fied with tho cultivation of tho coffee.
"The finding ot thu trial judgo that
thu mortgagco was not dlssntlsfltd with
tho cultivation of tho coffee Is sus
tained and tho decreo dismissing tho
bill Is alfirmcd."
Smith & Parsons nnd Kinney, Ital
ics & MtClnnahan for plaintiff. Wise
& Nlckeus, Geo. A. Davis and Cecil
Drown for defendants.
Justice Ualbrnlth Is also author ot .11
unanimous opinion In Z. Paaklkl s,
II. Ownnnul, exceptions from thn
Fourth Circuit Court. It was an ac
tlon In ejectment, wherein the Jury re
turned a verdict for tho defendant. Tho
plaintiff relied on but one of several
exceptions In appealing, and this was
to a ruling of tho trial court In mis'
tainlng an objection to u deed offered
in evidence by tho plaintiff. It Is
found that tho deed was competent nnd
relative testimony, being one of thu
links In tho chain ot title, set out by tho
plaintiff. The exclusion of this deed
would hnve been harmless error If tho
court had Instructed tho Jury that the
plaintiff had established a paper title
to tho land without that particular
"Wo cannot sny that tho exclusion of
this deed was harmless error," tho
opinion concludes, "and must order a
new trial. The exceptions are sus
tained." J. A Magoon nnd T I Dillon for
plaintiff, Smith & Parsons for defendant.
Washington, Dec. 24. In response
to repi escalations by Thomas West,
oby of San Francisco, representing tn'
labor unions nnd tho American Federa
tion of Labor, ijunrtcrinastcr General
Lmllngton today ordered an Investiga
tion Into the situation at tho Union
lion Works with rela..on to work on
Oovernmont transports. Wcstoby
asked that tho ivcrnmcnt Insist upon
the application of the clgm-hour ruto
In this work and assured tho depart
ment that plenty mechanics could
bo secured by the linlon Iron Works
to do this work It tho eight-hour law
In this connection Wcstoby saw tho
President nnd tho Quartermaster Gen
eral last Thursday and Friday Inter
Mewed Secretary Hoot. Tho only
question In the mind of tho officials
was whether transport repairs were
not renlly emergency work, thorcby
entitling the contractors under their
contract to employ men moro than
Tho contention of tho contractors
has hern that transport repairing was
emergency work, and on this ln-pothf
sis men have been worked ten hours,
receiving eleven hours' pay. The con
tractors claimed that this was Vqulvo
lent to nu eight-hour day. V.'estob
urged that the mere fact that the
transport Sherman had been tied up
since Inst May showed c .at It was
not emergency work, and that If thf
Scotts would concede eight hours n
day they could get plenty of inochati
lea tn complete repairs.
Quartermaster General Ludlngtuii
v,ns somewhat skeptical of this, or a
Icnst deslic-d to bo sure of It. and hai
still Inquiries to San Francisco to vor-
, Westoly s statement. Under In-
6ircti0,, 0f tho President, inquiries
were instituted liy Hie Horrotnr.v Cil
War. lliiniigh the Quartermaster Gen
rial, as to the status of work In San
I lauclflco nnd replies havo been re
ceived from General Long and Super
it.teudeiit llarneson that repairs on tho
Sherman were of necessity classed ns
emergency work, as tho ship was bad
ly needed In tho trnnsport service.
Under Westoby's showing, however,
the department Is not so sure that the
emergency clause should govern, nnd
lb Inclined to believe that If tho eight
hour law is enforced the work will be
more quickly completed. If Inquiry
sIiowh that mechanics can lie obtained
on the eight-hour rule, tho department
13 inclined to Issuo an order to tin'
contructoiH to observe It,
If President McKlnloy's portrait Is
put on one ot tho postage siniups nt
ihls country, ns dispatches from Wush
Ington havo said Is likely to lit- doui!
In enso the Postolllco Department
I'rlngs out a new Issuo, his portrait
will be tho ninth of a President to bu
Ufcd In that wny, says the New York
As the regular series of stumps, ex
cluding tho Columbian. trans-Missis
sippi and Pan-American Exposition is
sues, nas now iieen In circulation with
only slight changcB In wnlcriiiaiku
und the llko since 1890, a chnnge of
sonii- sort Is expected soon by philate
lists. Kver since Undo Sam's postoulro
began making stamps In 181" or there
nbouts, tho rneo of Washington has
appeared on ono of tho stamps In ev
ery regular issue, and v..h
ft u nnlii
exception on n stamp of low vnluo ' WUU "" na compareil vvitn 1.U37.
and general use. Denjanun Frank-1 00 ion nt ,hc Present time. In other
lln's face has always adorned nostnee I words slocks arc four times greater at
stamps of low value and has thus been
familiar to people who send or receive
'.--tters ever slnco IS17.
Presidents other than Wnshlngton
whoso races have appeared on tho
stamps aro Jefferson, Jackson, Lin
coln. Garfield, Grant, Madison and
Of the stamps of lilcner values the
S-cent stump now bears Sherman s
picture, the 10-ci-nt Webster's, tho 15-
cent Clay's, tho 30 cent Jefferson's, the
50 cent Jefferson's, the Jl-stninp Per
ry s, tne ?; .Mnuison s nnd tho 5 Mar
TO CURE A COLD IN ONE DAY
Tako Laxative Dromo Qulnlno Tablets.
All druggists refund tho money If It
falls to cure. 1J. V. Grove's signature
Is on each box. 25 ccntB.
Stepmother (entering village, school
vith whip) My boy tells me ou
luoko your cano across his back yes
terday. Schoolmnster (turning palo)
Well, I I may havo struck him hard
or than I Intended, hut "
Stepmother I thought I'd mnko you
a present of this whip. You'll find It'll
Inst longer and do him moro good.
Postage on the Bulletin's special In
dustrial edition Is three cents to all
parts of the States.
d Cyrus ,L
SUdftR OVER PRODUCED
OCCASION GIVEN FOR
CUTS OF LAST YEAR
Operations of the German Combine
Said to Be Responsible-Refiners
Are Not Losing Any
The Arbuckle Uros. cut In sugar Is
commented on by the New York Com
mercial of Dec. 18 as follows:
Arbuckle llros. and the National
Sugar Refining Co, today announced 0
I eduction of 10 points in tho price ol
granulated sugar. Tho American Su
gar Refining Co. posted quotations un
changed, nlthough the claim Is made
that It Is secretly meeting the cut nn!
will come out with a formal announce
ment of a reduction before the doss
of the week.
.Mr Cronln of Arbuckle llros. said ro
gnrdlng the cut: "Wo had no Inten
tion of cutting prices 10 points on ro
fined sugar, but we acre forced to ill
ro. ns the National Co. had extended
special lebales all over thu country and
consequently ws hurting our business
We shall make cuts In prices as long
as the National Co. continue to ex
1 he National und Arbuckle price for
refined sugar Is now I ISe. net. tne low
est level reached In years past. ft
difference between raw and refined Is
figured a SOc, as compared with a
nnmlnnl difference of from b5e to $1.00.
In September of last year granulated
sugar was quoted ns high as S.Soc, net,
at which time the difference between
raw and refined was 85 points.
This Is taken In certain quarters n
meaning that notwithstanding the drop
of something like 100 points In granu
lated sugar during the past several
months, refiners are making as much
money on each pound of sugar produc
ed as in September of last year, when
sugar was selling nt a high loci.
Sugar brokers declare the market Is
entirely free from manipulation and
that the gradual decline In the prices
of the manufactured nrtlele can ho
traced to trade conditions. In other
words, tho world Is producing moro
sugar than can be consumed nnd a
shrinkage In quotations Is a sequence,
of this overproduction.
Tho npcRW-ins of the Herman Kar
tell, or sugar combine, arc said to he
responsible to n large extent for tho
low vnlucs of sugar. The Kartell places
.1 high price on the sugar sold at home,
thus discouraging domestic consump-
tion. and sells Its surplus abroad nt '
low prices, "t'nder such conditions." I
said a refiner, "It would be Impossible I
tn cheek the downward movement of
the world's prices for sugar."
Theie Is no disputing the fact that
n great overproduction of sugar exists.
For example, the stocks on band In
I September, 19U0, when sugar was sell
ing -it a high level, were estimated ns
, tho present time than they vverc n )car
esterday's estimate of I'tiropcy
crop showed an Increase of 2SO.O0O
tons, with Indications ot a further In
crease. It was said today that while th
Stocks nn hand In this country were
not extraordinarily large, they wers
A few ycius ago before the arrival of
the Plymouth settlers In Massachusetts
Hay a very mortnl sickness raged with
Great violence among tho Indians In
habiting the eastern parts of New Kn-'
gland. Whole towns were depopulated. I
The living were not nblo to bury th
iieau, nnu ineir nones were lounii lying
nbovo ground many years afterwards,
Tho Massachusetts Indians are said to
havo been reduced from 30,000 to 300 )
fighting men. In 1CM the smallpox
swept off great numbers nlso.
"Yes. Ilurkley is traveling for his
"Why, 1 didn't know ho was III."
"He Isn't hut ono of tho men ho In
duced to put money Into that lead mlno
(The rest of the joke Is also sunk In
O. PEACOCK & CO., Ltd., XEwtb. sc
BLUE RAYS BANISH PAIN
Surprising liCHtiftn Attend
pcrlmeiitH of Russian
Copyright. ,901. by Press Publishing
Company, New York World and I
Medical circles here aro excited over
the discovery of n joung Russian phy
sician. M. Mlnln, regarding thu cura
tive properties of blue llgnt.
Struck by the common notion
nmong the Russian peasantry that a
sick person on whom sunlight falls
through bluo glass feels relief from
pain. M. Mlnln began an elaborate se
ries of experiments, nnd he now pub
lishes the result In a lending medical
Journal of St. Petersburg.
M. Mlnln used eleetrlc light through
various shades of blue and violet glass
Ie demonstrated that In particular
'lasses of nerve disorders nnd In neu-
Mexican Cigars ilci"
HAWAIIAN TOBACCO CO., Ltd.,
Corner Merchant mcl Nuunnu StH. P. U. liox 070.
Metropolitan Meat Co.,
Fresh Meats und Pish
by Every Steamer
From the Coast that has Cold Storage.
Choice Beef, Veal. Mutton,
( Lamb and Pork always
Also Poultry, Sulmon und llnlibut.
FOR SALB AT
PORTABLE TRACK COMPLETE
30 inch Gauge 14 lbs Rails
36 inch Cajge 20 lbs Rails
l:or mile In qunntltlcii to
nult by t- t- J- -
H. Hackfield & Co., Limited
Weekly Bulletin, $1.00 per year
OAHU CARRIAGE MF'G CO., Ltd.
1170 River Street.
Bet. Ilerctanln and Pauuhl.
I O. Box 078.
lubber Tires pat on in Satis
W. C. Achi & Co.
Wo will Buy or Sell Ileal Estate In
all parts of tho group.
Wo will Sell Properties on Reason
10 WEST KING STREET.
It's no experiment
when you insist on geV.'r.g Cyrus Noble WhisRey.
Leave experimenting to others. Buy goods
that you know are right. '
For seventy years we have been trying to pro
duce the best possible article for Jhejeast
The public know it favorably,
It holds the good trade.
It costs no more than other good whiskey
It is pure and old.
It is distilled from the best selectedgrain,
It is six years in wood.
It wins on merit alone.
ralgla of tho face blue rays alleviated
the ncuto pain. Hn also conducted
successful eperlmcntH with cases ot
Dr. Mlnln uses nn ordinary 16-cnn-dlcpowor
luOvolt electric lamp, the
light of which falls through pieces ot
blue glass. Tho length of time during
which the patient Is exposed to the
successful experiments with cases ot
ern homo rage
We have a large stock of blue gobes
for Incandescent lamps the same as
are spoken of In cablegram, which we
will furnish to our customers at a
The Metropolitan Marke., King St., Tel. 4$.
The Booth, Fishmarket, Telephone 379.
Central .Market. Nutianu St., Telephone 104.
75c per month
Fine Carriages, Wagons and
TrUCkS. Repair Work n
All orJtrs promptly attended to.
Only competent help employed.
TJ1 EyrVJ- N ;NG BUL LET1 N
THE OLDEST HAWAIIAN DAILY PAPER
A KLONUVKS FO AUVtRTISEBS ,S jt J J J Jt Ji Jt
LOTS FOR SALE
In Knplolunl Park
Addition and In
137 MERCHANi STREET.
by MIhs L. K. Dayton
u .. ,