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Yoii. X. No.
HONOLULU, TEltltlTORY OE HAWAII, THTJHSDAY. MAltOH 27 1002
3'mob 5 Oknts.
f: tifjiiii 7i'' -raKSHfiSf
u v3; .a steamer laoie: -7W1
, S - P
Arrived In 'jjort: Today
: After An Uneventful
Belongings of Passengers Spoiled By
Water and Sulphur Lieutenant
For Camp McKinley
At about 10 o'clock this morning tho
United States Army transport Jlcado
steamed Into the harbor after a fine
trip from San Francisco. Tho Meado
made a fatso start for this port on the
first of tho month but put back to San
Francisco on tho 4th on account of a
rase of smallpox which broke out on
board. On reaching San Francisco
ngaln the entire lot of passengers were
made to go through a 14-day quaran
tine. While, of course, thU was very
tedious, tho passengers made tho liC3t
of a bail Job, whlling away tho time
with litter parties, etc. This was not
the only plllkla for them. While at sea
the weather had been pretty rough
and a good bit of water had found Its
way Into tho baggage room, wetting a I
most all tho belongings of the passen
gers. This soaking spoiled most of
the goods and as they were fumigated
In their wet condition, nearly all the
things which had not been entirely
ruined by tho salt water were rcndT
Tho crew of tho transport. Including
Captain Dolaon, formerly of tho Rcs6
crans, who had been transferred to tho
Meade, remained on tbn vessel until
tho 10th, whereupon they went Into
their fortnight's quarantine. Tho ves
sel was thoroughly fumigated from
stem to stern and from the narrative,
of the officers on board, the fumes of
sulphur were something terrible dur
ing the first few days out.
The iui'ado started again for thU
port on tho 19th, Tho crew of the
transport ItOBecrans, which was lying
In San Francisco, was transferred to
the Meado and these arc now In charge
H Quartermaster Campbill K. Bah'
ck. who was here during the latter
art of November as quartermaster on
the Hosecrans, and who made many
friends during his stay, holds the same
position on tho meado. II. O. West.
his old clerk. Is still with him.
The Meado had a pleasant but un
eventful trip with splendid weather all
the way. On the 23d at 3 a. m., sho
sighted the transport Egbert on her
way to San Francisco. She has a large
list of passengers for Manila but only
two for this port. They are H. W.
Newton. First Lieutenant of tho Coast
Artillery, who Is assigned for duty at
Camp .McKinley, and Hoy Wlllard, a
machinist, who Is assigned to the Na
val Station hero.
There are seventy-six cabin passen
gers on board. They nro: P. Henry
Hay, Lieutenant Colonel Seventh In
fantry; A. E. riradley, Major anil
Surgeon; Lincoln Karmany, Major Ma
rine Corps; L. S. Miller, Captain
Coast Artillery; J. Ilonayne, Captain
Nineteenth Infantry; II. W. Newton,
M ret Lieutenant Coast Artillery; Sam
uel F. Dallam, First Lieutenant Flf'h
Cavalry; LVS. D. Rucker Jr., First
Lieutenant sixteenth infantry; Wll
11am S. Faulkner. First Lieutenant
Twenty-eighth Infantry; C. L. Sir
tier. Second Lieutenant Sixth Cavalry:
F. E. Sldman. Second Lieutenant
Sixth Cavalry; H. W. Thompson. Sea
ond Lieutenant First Infantry; H. 8.
Pearcc. Second Lieutenant Tenth In
fantry; F. S. Lclscnrlng. Second Lieu,
tenant Eleventh Infantry: c. n.
Frank, Second Lieutenant Twenty-first
iniantry; T. H. Crockett. Second L ou.
tenant Twenty-fourth Infantry; Hubert
Crlcger. Contract Surgeon: Harrv
Orccnberg. Contract Surgeon; R. King
Cole, Contract Surgeon; U. M. Saigon,
lomract surgeon; ueorge H. Casaday,
contract Denial surgeon; it. M. We
ton. Veterinarian; J. M. Lawrence,
veterinarian; -. w. Btarr. Veterlna
KIPLING can write a poem on
a worthless sheet of paper and
make it worth 15,000. That's
CARNEGIE can write a few
words on a piece of paper and
make it worth $500,000. That's
WE can print your photograph
on a piece of paper and make'lt
of priceless value to you. That's
See our samples on display at
Rice & Perkins,
Oregon Dloek, cor. Hotel and
Union Sts. Entrance on Union.
Washington, March 21. The Houso
Committee on Naval Affairs, by n votn
of 7 to 4, today adopted a resolution
concurring In the conclusions of Pres
ident Roosevelt as to terminating tho
agitation of tho Schley controversy
and Indefinitely postponing nil btlU
and resolutions on tho subject.
rlan: J. J. Smith, Veterinarian: B.
Ktelforth, Post Quartermaster Ser
geant; blmoa P. Harris, Post Comml.
sary Sergeant; Jacob Fotzger, First
Clerk, Sergeant Signal Corps; II 11
Williamson, Sergeant Mnjor Artillery
Corps; Mrs. P. Henry Ray. wife of
Lieutenant Colonel; Mrs. A. E.
Bradley, wlfo of Major Bradley' child
of Mrs. llradley; Mrs. W. Y. Sttmper.
wife of Captain Eighth Infantry; threo
children of Mrs. Stamper: Mrs, 1). M,
Pursscll, wlfo of Captain Tenth Infan
try; son of Mrs. Pursscll; Mrs, L. D.
Crockett, mother of Lieutenant Crock
ett; Miss II. Paulding, ward of Mrs.
Crockett; Miss K. Paulding, ward of
Mrs. Crockett; .Mrs. Oeorgo W. Kirk
man, wife of Captain Twenty-fifth In
fnntry: child of Mrs. Klrkman; A. N.
Walton, Marine Superintendent at Ca
vlto: Mrs. A. N. Walton; child of Mrs,
Wnlton; nurse of Mrs. Walton; Frank
llutts. Edward Dietrich, Charles Bond,
Arthur Bublsch, Alexander Oordenkcr.
Charles A. Wlnkleman, W. H. Bast
man, teachers; Norman W. Lawlioti,
Mrs. N. W. Lawhorn. J. C. Mulder,
Henry Walters, employes; A. K. Mof
fat, employe for (J nam; Roy Wlllard,
machinist for Honolulu; L. H. Hoi
brook. Joel A. Snell, employes; W.
M. Thcbaut, postal employe; A. W.
Beam, Louis J. DePuy, Edward C.
Howe, employes; W. Murray, ship
smith; W. II. Ooodrlch, wheelwright;
Miss M. E. Steers, Miss Steers; Mr.
J. Fetzger, wife of Sergeant; Mrs. It.
MacDonald, wlfo of Sergeant Major;
child of Mrs. MacDonald; F. II. Calla
dan, postal clerk.
The troops on board are as follows:
Unasslgncd recruits, C27; hospital do-
tacument, 32; Signal Corps, 19; Non
commissioned Staff, 4; unasslgncd re
cruit from Angel Islands, 1: assigned
to hospital, Honolulu, 1; Ninth Cav
alry, 38; Tenth CaJ ..-, 21; Eleventh
Cavalry, 1: Fifteenth Cavalry, 1:
Twenty-fourth Infantry, 2; Twenty-
fifth Infaiitry, 1; Twenty-seventh In
fantry, 3; Slxty-Blxth Company Coast
Artillery, 3. Total. 754.
The crew Is as follows: Quarter
master and Staff, G; Surgeon and Hos
pital Corps, C; deck department, 42;
stewards' department. S3; engineers'
department, CC. Total, 172.
The Meado Is at present lying at Na
vat wharf No. 1. She. will tako 10UO
tons of coal hero and wilt probably
leave ror Manila Sunday morning.
MUST MAKE AGREEMENT
ON THE SENATORIAL BILL
Committee is Likely to Adopt Their
Compromise - Conflict With
the Organic Act in Some
Washington, March 15. (Special).-
The sub-committee of the Committee
on Territories to which was referred
the subject of apportionment of the
Hawaiian Legislature has the matter
still under advisement but as yet has
reached no conclusion. It Is under
stood that the committee will be ready
to report at the next regular meeting
of the committee on Friday next.
Oeorgo R. Carter and Mr. Cayplcss
secretary of tho Senate of Hawaii will
appear before" the sub-committee, and
It Is understood that If Mr. Carter, rep
resenting tho Republicans and Mr,
Cayplcss, representing tho Home Rul
ers, can ugree upon a plan of appor
tionment the committee will adopt
their suggestions. Mr. Caypless after
a conference with Delegate Wilcox to
day Informed a representative of tho
Bulletin that tho Delegate would not
Insist upon the adoption of his plan as
Mr. Caypless had Indicated to him cer
tain deficiencies in tho measure as
dratted which while of a minor nature
wero sufficient to Influence the com
mlttee In adversoly reporting It. Tho
defect In Delegate Wilcox's bill Is a
slight conflict with the Organic Act of
J. A. BRECKONS.
AIO88 ALIVE WITH BUGS.
The value of the appointment of a
man to take the place of Government
Entomologist Koebeto In the matter
of examining Importations of plants
into the country was demonstrated on
the very day that Prof, Koebelo left
for San Francisco.
Among tho packages consigned to
various parties here was one contain
lng plants, wrapped in moss and cov
ered with bagging. Tho plants them
selves were In excellent condition but
the surrounding moss was alive with
all manner of Insects, some of which
are Injurious to vegetation.
Mr, Perkins, who has been given
charge of such matters during the
absenco of Prof, Koebele, Is now treat
ing the plans but the moss and outer
covering he has already fed to tho
On her oVn application, Barbara
Woltcr has had set asldo the decro of
seperatlon from E. H. F. Woltcr made
u couple of years ago.
Mystery Still Surrounds
VENTILATION OP WAIKIKI
LAND & LOAN ASSOCIATION
E. 0. White's Commission of $7000
a Personal Matter "On the
Side" George H. Paris
Tells His Story.
Mystery still enshrouds the destina
tion of $00,000 borrowed from Queen's
Hospital Trust by Walktkl tand &
Loan Association upon security of an
assigned mortgage for 1120,000 from
the latter corporation to Mrs. Ellen
George II. Paris was on the witness
stand all this forenoon making ex
planations of the group of transac
tions, under the .rigid examination ol
Mr. McClanahan, associated with W.
R. Castle as counsel for plaintiff. He
was handed over to Robertson & Wil
der, both partners of this firm present,
for cross-examination at about 11:25,
Mr. Robertson had asked but a ques
tion, however, when Judgo Humph
reys signified a desire to hear more of
direct evidence regarding a certain
phase of the business . This resulted
In a resumption of the ordeal as con
ducted on behalf of the plaintiff.
Mrs. Hlgglns and daughter were In
attendance, also i A. Schaefer and
Henry Watcrhouse, of the board of
trustees of Queen's Hospital.
Mr. Paris having said he could pro
duce evidence that tho Wnlklkl Land
& Loan Association owed him $7000 o
the money paid tho First National
Bank on account of Its mortgago to
that Institution. In answer to Judge
Humphreys he said this evidence was
tn tho books ot George It. Paris, Ash
ley & Paris and W. L. & L. Association
He could find no credit to himself of
$5200 or $5S00, mentioned as having
been advanced to the company, but the
books showed more than $7000 owing
There was no account whatever with
E. O. White tn the books; no expense
account ;no commission account; no
disbursement account. Witness had
no record of date of loan fiom First
National Bank; It was about a year
ago. If allowed to go to the telephone
he would find out. Mr. McClanahan
furnished the date as May 22, 1901,
which witness did not dispute, Tho
commission paid to White In the First
National Bank transaction was entire
ly Independent of the Association.
"I reimbursed George H. Paris for
advances." the witness said. He de
scribed tho terms of purchase ot Mc
Cully Tract from Mrs. Hlgglns, as
$1000 cash, $9000 on nutc at six months
and $130,00u on mortgage nt three
The $7000 commission promised to
Oscar White was entirely apart from
the main deal. Witness had no recol
lection of the date of deed from Mrs.
Hlgglns to tho Association. White was
to bid for the property. Witness knew
a bid was made, after which there was
another. He Identified his signature to
a letter to Mr. Grlswotd. wherein lie
spoke of their "separate yet combined
Interest In the McCully Tract."
"Tell the court what was tho agree
ment mado with White at this time."
"I cannot tell."
"What was .Mrs, McCully Hlgglns to
get out of It?"
"Tho sale of her property at twlco
"For what was White to get $70007"
"That was personal. Personal, Per
sonal." Mr. Paris said he did not pay a com
mission for securing a $00,000 loan
from Mrs. Hlgglns; neither did the
Association pay a commission. There
was a commission paid to Waterhouso
& Co. for negotiating the loan. Con
sulting books he said the commission
was never paid by Walklkl Land &
Loan Association, It was paid by Pa
ris. White was paid the $60,000 mostly
In checks and party In cash; witness
was present when the checks wero
made out at Waterhouse's. Tho ques
tion was raised as to whom the checks
should be made payable, and It was de
cided that It should bo Mrs. McCully
Hlgglns. Witness did not direct how
tho checks should be made out, ex
cept the one for $10,000 to obtain a re
lease from Bishop & Co. Yes, he was
there, but could not say whether tho
checks wero handed to White. Whits
did not hand him one check later, to
the best ot his knowledge and belief
he said this. He could not remem
ber handling one check. The $10,000
check shown him now was cashed, or
rather placed on deposit. This was tho
only check he remembered handling.
Wells, Fargo & Go.
TEL. MAIN 199.
Masonic Temple, with American
Cleveland, O., Mar. 19. Thou
f sands of Porto Rlcans have con
f trlbutcd to the McKinley natlon
f al memorial. Governor Hunt, In
a letter received today by Ryer
,t son Ritchie, national secretary,
f reports that $1497 has been rals-
cd In the Island, and the number
of contributions runs tar up into
t tho thousands. Gocrndr Hunt
asked some one In each jown to
f receive the funds, and no contrl-
f button was to be oer 10 cents, -f
t To each of the contributors will
bo presented a certificate and In -f
this manner pictures of McKinley -f
t the White House nnd the McKIn-
ley home at Canton will adorn
t the walls ot fine homes and tho
4- cabins tn Porto Rico. ' -t
"Do you know why that was paid
"Yes ;lt was under nn agreement
with Ellen McCully Hlgglns that it I
secured not to exceed $75,000, the sum
of $C0,000 would bo ndvanced to
whomever wo could borrow from secur
ed by tho mortgage."
"Out of that you woulil get $10,000?"
"I did not say so. It was the result
of an agreement to free and clear nil
that property for Mrs, McCully Hlg
glns, If we secured $75,000 or less."
Witness said the sum of $81,230 paid
Grlswold & McChcsney released tho
land under a warranty which the As
sociation was trying now to enforce In
tho courts. The Wnlklkl Ijind &
Loan Association refuted every adversm
claim on the land.
Identifying a check shown, witness
said It was given him by White and In
the presence of Cliapln. Both those
named. It wilt ho remembered, held
powers ot attorney from Mrs. Hlgglns.
Asked again If the check was handed
to him by White In tho presence fit
Chnpln, lie said he was not certain.
Cliapln waited there, as attorney for
Mrs. Hlgglns, until witness returned
with White from the band. That
check was paid Into the hank to dis
charge Indebtedness of either the As
sociation or Ashley & Paris as a mat
ter of fact It was paid on account of
Ashley & Paris as cash In settlement
of accounts, Ashley & Paris paid most
It It over to Mrs. McCully Hlgglns for
interest. It would not have-been paid
to witness berauso It was not endorsed
"Assuming that White ns endorser
received the money, what was done
with It? Did you have an understand
ing that this money wns to be paid to
Ellen McCully Hlgglns as part pay
ment of 'tho debt due her by the Wnl
klkl Land & Loan Association?"
"It was on a verbal understanding.
Out of tho excess In cash from tho
transaction it was agreed between Clia
pln nnd me that Mrs. Hlgglns should
bo paid on account of Interest."
Witness Identified tho $40,000 paid to
Bishop & Co, on account of the Grls
wold leases. He told ot the agreement
with White for obtaining the loan, and
"You evolved a plan to secure a loan,
using Mrs. Hlgglns' security?"
"I did," answered tho witness. Ho
knew E. O. White eight or nine years;
knew of Mrs. McCully Hlgglns, not as
suming to have had a personal ac
quaintance at the time of the transac
tion. He met her later at the Pan
American Exposition, Buffalo, and con
versed with her as ode from tho Isl
ands he was glad to meet, but said
nothing about his being the person
who had tho land transaction with her.
"What led up to your plan to uso
Mrs. McCully Hlgglns to raise this
"Sho was not used."
Mr. Paris was then asked what led
him to believe that tho sccuilty ot Mrs.
Hlgglns could bo obtained to ralso $C0,
000, he not knowing the woman at the
"Why," was tho reply, "tho business
transaction on Its face."
"That Is tho best answer you cau
xucro nun im iiimiuie ii-iuy. niHiesii
could not say he was sure, when ha
There was no audible reply. Witness
met tho plaintiff at Buffalo; that she
knew ho was the person who bought
Witness said that the deed of tho
land and the mortgage to Mrs. Hlg
glns were delivered at the same time.
Mr. McClanahan questioned lilm about
dates, then showed by the documents
that his answers wero Inaccurate,
Mr. Paris told ot the Incorporation
of Walklkl Land &. Loan Association.
Its capital stork was $200,000, of which
Ashley & Paris took $100,000 paid-up.
He was asked if they paid cash for it
and said that he hardly knew how to
answer. He had the fee simple ot tho
land, nnd their stock represented the
equity Interest In tho land. At that
time ho nad the option; yes, he had
tho deed. Consulting memoranda he
said tho deed was dated February 20,
1900, and the mortgago was executed
on April 12 tho same year. Oscar
Whlto held tho deed until the exchange
of tho two Instruments tho deed and
Evans May Succeed Hitchcock.
Birmingham, Ala., March 18. A spe
cial to tho Age-Herald from Chatta
nooga, Tcnn., says: Close personal
friends hero of Pension Commissioner
II. Clay Evans claim to bavo Informa
tion that President Roosovolt will
make him Secretary of the Interior.
It Is said Secretary Hltrhtock will re
sign soon and that KvatiH will bo of
fered his place. It Is snld the chango
will occur within thirty days.
Ratification of the Danish Island
sale Is assured.
Congressman Mondell Is
Author of Bill For
MADEIRA NAMED FOR
Full Text of MondeTs Measure-Will
Serve to Promote Speedy Deter
mination In Important Cases
In This Territory.
Washington, March 13. (Special.).
On Thursday, March 12, President
Roosevelt sent to the Senate the nom
ination of William 1. Madcrla us post
master at IIIIo, Hawaii.
Representative Mondell of Wyoming
Introduced yesterday a bill amending
the existing law tn refcrenco to appeals
from, the District Court of Hawaii, At
present appeals from this court are had
to the Circuit Court of Appeals of tho
Ninth Judicial District of the United
States, tho Circuit Court ot California,
nnd the effect of tho amendment It
passed will be to change tho practtco
to allow appeals from the District
Court of Hawaii to the Supreme Court
of Hawaii. The text of the bill Is a
Bo It enacted by tho Senate and
House of Representatives nt the Unit
ed States ot America In Congress as
sembled, That that portion ot the Act
of April 30, 1900, found on page 15S
of volume 31, statues at largo entitled
"An Act to provide a Government tor
the Territory of Hawaii," and being
section SG thereof, bo amended to read
"Sec, SO. There shall be established
In said Territory a district court, to
consist ot one Judge, who shall reside
therein and bo called tho district
Judge. Tho President of the United
States, by and with the advice and
consent of tho Senate ot the United
States, shall appoint a district Judge,
a district nttorney, and a marshal nf
tho United States for tho said district,
and said Judge, attorney, nnd marshal
shall hold ofllcc for six years unless
sooner removed by the President. Said
court shall have. In addition to the or
dinary Jurisdiction of district courts ot
tho United States, Jurisdiction of all
cases cognizable In a circuit court ot
the United States, and shall proceed
therein the same manner as a circuit
court; and said Judge, district attorney
and marshal shall have and exercise in
the Territory of Hawaii all tho powers
conferred by tho laws of tho United
States upon the Judges, district attor
ney, and marshals ot district and cir
cuit courtB of the United States. Writs
of error and appeals from said district
court shall be had and allowed to tho
Supreme Court of the Territory of Ha
waii In the samo manner as writs ot
error and appeals arc allowed Jjom the
circuit courts of said Territory to the
Supreme Court thereof as provided by
law; and the laws of the United States
relating to Juries and Jtiy trials shall
bo nppllcablo to said district court.
"The laws of, the United States re
lating to appeals, writs of error, re
moval of causes, and other matters and
proceedings as between the Courts of
tho United States and tho courts of the
several Territories shall govern tn
such matters and proceedings as be
tween the courts ot the United States
and tho courts ot the Territory ot Ha
waii, Regular terms of said district
court shall be held nt Honolulu on the
second Mondav In Anrll and October.
,:."., .,,.,, , .
nnd nt nll on ho Iast Wf'lncsday In
.imiuuijr ul t-uui t-ui , utiu 0.i-ilil
terms may bo held at sucli times and
places In said district as the said Judge
may deem expedient. The said dla
trlct Judge shall appoint a clerk tor
said court at a salary of $3000 per an
num and shall appoint a reporter of
said court at a salary ot $1200 per an
num." CAPITOL PARK.
Wet weather brings out tho puddles
tn Capitol park, showing wjiero filling
ui ta ui'vuuu. iivi-cui irec inmming lu
tho compound has brouglit out In bold
relief certain institutions of a long
past civilization, which form a grievous
oyesoro to all esthetic observers. Tho
historic gasoline tank also shows up
In ugliness. Ono who desires to sen
that tlio finest park for the people In
Honolulu does not allow tho Bulletin
to overlook tho evidences of contrary
This evening at 7.30 in the Y. M. C.
A. hall, the Anti-Saloon League will
hold Its annual convention. There will
be Interesting teports from tho presi
dent and superintendent covering tho
work ilono during the past year. Tho
election of officers for tho ensuing year
will taKo place, followed by two ad
dresses on tho dispensary law by W, O.
Smith and Rov. W. D .Wcstervelt. All
are cordially Invited to lie present.
Orover Clovcland celebrated bis C5th
birthday March 18. '
in iPL MHO
London. March 21. Lord Francis
Hope was granted a divorce today on
the ground of tho misconduct of his
wife (Mny Yoho) with Putnam Brd-1
lee trnng of New York.
Counsel for Lord Hope lengthily dp-1
'ailed tho marriage of his client to
May Yoke, their visit to the United
StntPR In IDOn. tlin mpntttli-u-lth Ctrnw
and tho subsequent Intimacy of tho
... ...-.... .,......
respondent nnd co-respondent, ending
with their departure for Japan nnilnr
the name ot Mr. and Mrs. J. F. Smith.
Lord Hope, who Is still suffering from
tho amputation of his leg, corroborat
ed counsel's statement, lie said ho
had no suspicion whntover of his wlfo, inciUTIPlI WITH n inie
when ho left her Ttlone In n flat 'n ""-rtlltAL TTllll LLAKK 3
Now York. Ho first noticed a change
In her behavior at tho end of March,
IWl, and in April his wlto Insisted ou
A ff Irl fi ! n In nmrt nf tlin tnlsAAHiliif,! '
of Lady iiopo were read nnd tho Jo-
crec with costs was pronounced
IN THE DAMAGE CASE
BY COURT OF APPEALS
Native Laborer Killed While Working
On Schooner Robert Lewers
Estee Ruled on Common
The United States Circuit Court of
Appeals has decided a case, which was
watched during Its trial hero with
so mo Interest becauso but one other
case of tho kind had ever been tried
here, and that one was decided by tho
supremo Curt ot Hawaii In 1860,
The case Just decided was a ?ultt
against the schooner Robert Lowers
Company by a native lady, Kanaka J
Kauoha. Her husband, Enoch, was
schooner. The deceased was a dray
man In the employ ot Hustaco & Co.
Tho widow retained T. McCants Stew
art, and a suit was brought lu tho
United 8tatcs District Court horo for'
killed on July 2h 1900, In this city, j ..The committee on
uj uvuifi uii Mini u (argu uiecu oi iron T .,-.. Mn., ,ii
machinery, weighing over twelve ton.,, ,VC7.,B . ,iy u . ? mi
ttlilln It wn i,pinP iininn.io.1 fm ih, AA that authority.' I will say
damages. Bmun 4c i.owts appeared Irrigate land to cross government
for the company. lands In othei Territories. We-havs
Judgo fcsteo. by agreement, heard glvcn them the same right of crossing
mf? ?n? Ttw.J,'ir'a,I,dg.aV.0j,",S; thU land of the Government which
wuMs XlV&ttT -ery ditch company has , every other
company appealed to the Circuit Court Tcrrltory ln thoJUnlte' States, In tha
on the ground that a Court of Admlr- Territory of Ntt Mexico and Arizona
ally has no Jurisdiction ot such an ac-' or Alaska, It having been decided that
tlon ln the absenco of a statute ln tho , that general act does not apply to Ha
Torrltory allowing such a suit to bo! wall. They ask no eiclucho rights,
brought. Judge KBtce.Mn tho absence Wo have also placed one other bur-!
of a statute, held that such actions den unon them, that In Addition tn
should bo allowed on tho prlnclplo of
nntural equity and common right. Com-1
mon Justice demands It. It would be
going backward in tho lino of civiliza
tion to adopt any other rule. It early
becamo the duty of tho highest court
In the Kingdom of Hawaii to decldo
tho case of Kake vs. Horten (18C0) ac
coidlng to natural right and Justice,
and It did so under circumstances of
peculiar Interest, and that decision
now remains tho law of this Territory.
It would III become this or any other
court to overrule so well-considered
and so long-established a rulo of ac
tion." In nfflrmlng the Judgment, the Court
of Appeals has approved the cogency
of Judge Ksteo's reasoning and tho
soundness of his law.
PIH8T CABLE LINK.
Wellington. N. Z.. March 20. The
Pacific Cablo steamer Anglla has
reached Doubtless Bay, thus complet
ing tho Australta-Now Zealand link ot
REAR ADMIRAL CU0WNI6IIIELD.
ivuouiuKiuu, .uuruii iu. mo i -reel-
dent todny sent tho following nomlna
lt'nn1-ln. .-!. AW n-L - n .
Mons to tho Senate: Navy Captain
(.rent Schuyler Crownlnshlcld. to be
a Rear Admiral; Lieutenant Command
er Hobart M. Brown, retired, to bo a
Commander on tho retired list.
,, . ,,,
HOlISP PflCQOC fho Rill
Muuwu tllU Will
After Very Brief
BILL HEF0RE SENATE
Reason Given For Year's ExteosioD-
Homesteader Is Protected Through
United States Court-No
Washington, March 15. (Special).
The House yesterday after brief ills
cusslon passed Representative Powers
bill granting to the Hawaiian Ditch
Company, Limited, tho right ot way
over public lands In tho Districts ot
North and South Kohala. In present
ing the bill for the consideration of tho
House, Mr. Powers said in part:
"i will stato very briefly about this
bill. There Is organized under author
ity of the Legislature ot Hawaii, A
ditch company. That ditch company
has leases and has purchased certain
water rights where tho water Is now
falling Into tho sea. It desires to con
vey that water to other lands and to
trrlgato them. In order to do that they
mush cross certain lands the title of
which Is In the United States. The
Secretary of tho Interior, after a care
ful examination of tho statutes, de-
elded that he could not crant them
authority or right to cross this land,
and that they must get It from Cou-
commltteo Is unanimous In reporting
this bill. Now, there Is a general sta
tu to which Is referred to here, and
which I can read, which authorizes all
ditch companies, where they desire to
, complying with all tho provisions and
..inuiatlons of the ccneral net which
applies to all ditch companies In this
country they shall furnish to any
homesteader, or any other person de
siring to usq this water that shall pur
chase Government land, the water at
a fair price, and if the person desiring
to use the water and the ditch company
can not ngrro as to ' what Is a fair
price then tho bill provides that It
shall be determined by tho District
Court of the United States as Is pro
vided by the last clauso ot the bill.
"Tho only variation there Is In tho
bill from tho general act is as they
have to file plans with tho Secretary
of the Interior and as he has to send
somebody to Hawaii after they bavo
filed the plans to look It all over
and npprovo the location before they
can commenco work, and as It will
take near one year to do this, and as
they can only uso this right alter he
has approved their location and plan,
we have, at their earnest request, al
lowed an extension of one year more
before they forfeit their rights."
After some little discussion as to the
phraseology of the measure the bill
bill Identical with this one Is now
pending before tho Committee on Pub
lic Lands of the Senate, Introduced by
Senator Clark of Wyoming.
J. A. BRUCKONS.
Heretofore our storm rubber ads.
Iiavo had tho effect of causing tho
rain to cease on the samo day of publi
cation. You' might consider them a
If this nd. falls In the usual result,
wo can at least bo of greater servlco
to tho public by selling tho very
best, rubbers at SI.
This will Insure dry feet nnd great
ly lessen tho chances of a cold, there
by saving doctor's bills, etc.
Shoe Company, Ltd.
, &. Asa,
,frl,f- ', tV.a.
rT" fcHiiii'- '-j ' -'r