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Vol. X. No, 2111
HONOLULU, TERRITORY OP HAWAII, WEDNESDAY, APRIL 2 1902.
Price 5 Ousts.
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Reaches the Largest Number of Readers l
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Estate Divided Between
I Brothers and
TWO EQUITY SUITS
AGAINST W. C..ACDI
Maile Proceeds for Cancellation of
Mortgage and Magoon for Payment
of Mortgage Stock Exchange
Case. ' i
A petition was Mod today for pro
bate or the will of. tho late E. C. Mac
farlanc by 0, W. Macfarlane, II. It.
Macfarlane and V. W. Macfarlane,
who are named In the will as execu
tors with Florence I. Macfarlane nee
.llalllnger as executrix. Tho estate
contains no realty, but consists of 325
shares Royal Hawaiian Hotel Com
pany, Limited, 100 shares Macfarlane
& Company, Limited, one-third Inter
est In Hawaiian Hotel Annex and one-
third Interest In Puuloa Sheep & Stock
ltanch Company, tho total value being
$45,000. It Is a holograph will execut
ed at Honolulu on January 10, 1902,
which was shortly before the testator's
departure for San Francisco to be
married, the witnesses being M. W.
V. Gilbert and W. Llshman.
After nominating his 'executors and
executrix as above named, Mr. Macfar
lane directed that his hotel and all oth
er business Interests be conducted In
tact for a period of flvd years from
the date of his death, and the Income
thereof to bo used to promote such In
terests except specific sums to be paid
as further in the will directed.
His exechtors wcro to pay to Miss
Florence I. Balllnger, whom he since
married, $150 a month until final dis
tribution of his estate, and from tho
remainder of tho Income to pay all
iiprpannrv mimn for the comfortable
support cf his mother, Eliza Macfar
lane, during her life, '
At the expiration of tho period ot
five years there was to' be a final set
tlement of his estate.'out of the pro
ceeds of which bne-slxth portion
should go to each of his four brothers
Henry R. Ocorgo W Frederick V.
and Clarence W. and two-sixths to
Miss Florence I. Balllnger,
The testator stated his object In de
ferring the final settlement for five
vpnrs. aa bolne to obviate all confu
elon and financial annoyance to the
vcmbers ot tho business Arms named.
At the same tlmo, his executors were
Instructed, whenover In tho meantime
It would bo to tho interest or nis
tate and his co-partners, to finally re
duce the assets to a divisible condl
tlon. that they might pay the different
legatees their stated proportions, save
and excepting the'one-thlra to nis in
tended wife and the one-sixth to his
brother Clarence W.. those two Iega.
clcs to be delivered In trust to Fred-
crick W. Macfarlano and Joseph O.
Carter to hold, Invest and manage for
the benefit of the two legatees Just
J. A. Thompson, guardian ot James
B. Roberts, minor, accounts for re
ceipts to March 31 ot '$330 and .pay
ments of (270.80. .
C. B. Mallo vs. W; C. AchI has been
set for trial by Judge RoblnBon on Sat
urday, April 12. It Is a bill In equity
to compel defendant to cancel a mort-.
gage or In default to pay plaintiff $3,
000 with accrued Interest, according to
an agreement whereby plaintiff sold
his Intc-reBt in tho Keklo tract, Walkt
lit, to plaintiff for (500 In cash and the
assumption by defendant ot the pay
ment of plaintiff's promissory note tor
$3000, payable March 2G, 1898, at 3
per cent per annum, secured by mort
gage of even dato by plaintiff to Bish
op & Co. Mr. Mallo complains that
Mr. AchI failed to pay the note and
to cancel 'the mortgage.
J. Alfred Magoon, trustee, vs. W. C.
AchI, another bill tor specific perform
ance, haB also been set for the 12th
Inst. The complaint Is that Mr. AchI
i on April o, lsoo, conveyed to Mr. Ma
1 goon as trustee certain lands at Ko
walo, Honolulu, for $5500, promising
THINGS 1 (
TO REMEMBER - - J.
THAT you should have your
THAT In doing so you should
go only to a first-class photog
rapher. THAT whilo there may be oth
ers, wo will give you an ar
ticle picture, one that your
friends will recognize and one
that will not fade, as wo use
only tho flnoBt platinum paper.
We havo every facility for do
ing tho best work. Corao and
(Rice & Perkins,
Oregon Block, cor. Hotel
tin Ian Sts.
Entrance on Union.
Ah Cliong was arrested yesterday on
the charge ot selling fish onihgtfttreets.
His case came up for trial In the Po
lice Court today but a continuance un
til tomorrow was granted at tlie re
quest of Attorney Chllllngworth.
Judge Wilcox said that In granting
the motion for a continuance that he
did not see how he was going to fine
a nan for selling good fresh fish on
the streets. He knew of certain fisher,
men at Watklkt -who were In-the haolt
of selling fish to high officials of tho
government and yet n,one of-these fel
lows were ever arrested.
A group ot attorneys stood In the
hall after the adjournment of the Po
lice Court and discussed the regulation
of the Board ot Health by means of
which everyone was prohibited from
selling fish at any place other than tho
fish market. They all agreed that this
regulation of the Board of Health was
a very bad one and that If it wero to bo
tested would be thrown out with no
hope of recovery.
It is seldom that a man Is arrested on
the charge ot peddling fish about the
-streets but when .he Is, there always
arises the question of'the right of tho
Board of Health to make a regulation
prohibiting such action. '
According to reports, received by F.
A. Schaefer from Hamakua, Hawaii,
the rainfall from March 1 to March 29
was, at Honokaa Mill, 48.75 Inches; at
Kukulhaele, 40.92 Inches.
CHINAMAN MAKES THREE
ATTEMPTS AT SUICIDE
Jumped. Into Bay and Was Saved By
Couple of Natives -Tried to Hang
Himself at Police
An Insane Chinaman at the police
station will very probably be sent .out
tii the asylum thlr afternoon. Dr.
Emerson has examined the man and
has found that he is Insane beyond all
shadow of a doubt. He will appear be
fore Judge Wilcox this afternoon and
submit bis findings.'
The Chinaman, whoso name has not
yet been ascertained on account of bis
mental condition, was taken to tho po
lice station yesterday afternoon by a
couple of natives.
The fellow was evidently set on mak
ing away with himself for be was seen
to Jump from the Irnigard wharf Into
the bay at about 2:55 o'clock yesterday
afternoon. He made no attempt to
swim and went down Immediately.
Two natives on the wharf saw the
Chinaman Jump over and followed him.
They succneded in saving the man and
landed him safely on the wharf. There
was a moment when the attention ot
the natives was taken away from tho
Chinaman and the fellow made another
attempt to Jump In.
When the Chinaman arrived at tho
police station be showed the most vio
lent disposition and attempted to break
away from the police. On being taken
below, he showed flgh,t,aud would not
cease his efforts at escape until the
strong hand ot a big pollco officer was
placed on his shoulder.
The Chinaman' wag placed In a cell
and shcortly after that made an at
tempt at suicide by using his clothes
for a rope. He was prevented from do
ing this and a little later on tried to
hang himself by means ot his queue.
This also was prevented.
The fellow was In such a.dangerous
state ot mind In the evening that ho
was placed in a straight Jacket and
handcuffed and a pollco officer kept
watch over him throughout the night.
-- --- --
to secure a release of mortgage held
by C. M, Cooke, but that after plain
tiff had paid defendant sums amount
lug to $4000 and was prepared to pay
the balance ot $11500, he was notified
that AchI had not paid the $4000 nor
any part ot it to the mortgagee for the
purpose ot procuring a release ot the
Judge Humphreys heard evidence In
L. C. Abies vs. C. J. Falk, the Stock
Exchange seat case, this morning and
argument was continued till tomorrow
To total receipts from tile associa
tion football game played at, Punahou
on Saturday, March 22,fqr4the benefit
of the McKtnley Memorial fund, have
Just been returned tcfjMr, Cockburn
who was the manager V of, the affair.
There has been taken 'In altogether
about 90 but out of this will have to bo
paid the printing and advertising bills
which will amount to about'$20. Leon
ard, the aeronaut, who was to havo
made a balloon ascension on that day
but was kept from doing so by tho In
clement weather, will also get a snare
of tho receipts to pay him for tho trou
ble and expense to which he went to
preparing for the event, so that there
will be but a small amount left.
The reason why the receipts are so
small Is that the weather on the day
of the game-was very bad Indeed.
' . i
! There Is one wood much lighter than
cork This Is the mars anour, found
HAW H ID
PROTEST AT CAPITOL
Does Not Want Dreier's
Name Placed on
REPUBLICANS MEAN TO
FIQIiT TO LAST DITCH
Attorneys to Submit Arguments Before
Acting Governor Cooper This After-
( Matter To End in
Every member ot tho Fourth Dis
trict ot the Republican party Is ex
pected to be present at a meeting to be
held In the headquarters, Elite building,
at 7 o'clock this evening. Matters of
importance will be discussed and mem
bes ot the sub-committees are especial
ly requested to bo in their places; A
fight Is on against the combined forces
of the Home Rule and Democratic par
tics and therefore Republicans arc ask
ed to keep a steady eye on tho duty
they owe to their party.
The situation In politics today Is a
degree advanced beyond what It was
yesterday when Acting Governor
Cooper decided to allow tho name of
August Emlle Drelcr to appear on the
ballots on the 9th Inst
The Republicans mean fight and feel
like congratulating themselves that al
the meeting held last Saturday, they
decided on vigorous action In the cam
paign Instead of cheerful Idleness, now
that the situation has developed In the
manner It has.
Acting Governor Cooper was seen
this morning by Chairmen Kennedy
and Gear and at that time, the follow
ing protest, signed by Candidate Har
ris was filed:
Honolulu, April, 1902.
Hon. H. E. Cooper, Secretary of the
Territory ot Hawaii.
Sir: The undersigned, a duly nomi
nated candidate for election to the
House of Representatives for the
fourth District at the election to be
held on the 9th Inst, hereby respect
fully protests against the placing of the
name ot August Drelcr upon the offi
cial ballot. Tho ground of this pro
test Is the fact that said August Dreler
Is not qualified to vote for representa
tives In said Fourth District and there
fore not eligible to be a Representative
and that he Is, by reason of said fact,
not an eligible candidate for said office.
Yours very respectfully,
W. W. HARRIS.
After this protest had been filed Act
ing Governor Cooper stated that ha
would hear argumonU on the protest at
2 p. m., allowing attornoys for the
Home Rule and Republican parties to
be present and submit their arguments.
It Acting Governor Cooper decides
that he cannot support the protest,
which from his decision ot yesterday
he', will probably do, then the matter
will be taken to the Supreme Court as
a case of W. W. Harris vs. Henry E.
Cooper, Acting Governor.
Should tho Supremo Court decide
that It has no Jurisdiction In the mat
ter then tho attorneys for the Republt
can parfy will very probably carry It
to the United States District Court for
an Interpretation of tho Organic Act.
At all events, tho Republican party
Intends to fight the whole thing
through to the end, neglecting not a
single step on the way but pushing tho
Ineligibility of the candidate of the
Home Rule and Democratic parties for
all It Is worth. If they fall In the end,
then It will bo up to the voters ,
A nicotine of the Fourth District
commltteo was held last night and the
principal thing dono at tho meeting
was the decision to fight the placing of
the name ot August Dreler on the bal
lots. The chairmen ot the Central and
Fourth District committees were au
thorized to get down to work Immedl
The first two meetings ot the cam
paign on the Republican side will take
place tonight at 7:30 o'clock. One will
bo on the premises of the Moana hotel
opposlto the hotel proper. This meet
ing will be under the leadership or J.
Mahlal Kancakua and the speakers will
be Candidate W. W. Harris, Danlol Ko
kaha, Geo. A. Davis and Ed. Towsc.
Another meeting will bo held at the
corner of Queen and South streets.
Enoch Johnson, will bo chairman and
the speakers will bo William Olepau,
Keohokll, Lorrln Andrews, Senator W.
C. AchI, W. J. Coelho and Representa
tive Jonah Kumalaj.
Through tho kindness of the Moana
Hotel Co. thero will be a platform
erected on their premises at Walklkl
tyhere the meeting Is to bo held, Tho
powerful arc lampB In tho immediate
Wells, Fargo & Go.
TEL. MAIN 199.
Masonic Temple, with American
vicinity will furnish all the light no;
cessary for the meeting. It Is oxpectcd
that there will be a very large attend
ance at both of these meetings, provid
ing the weather is good.
kThb Home Rulers have not yet made
any announcement of the meetings
which they propose to hold In the vari
ous precincts nor will any ot the lead
ers say anything about any plans they
It Is believed that It Is, the Intention
of , the Home Rulers to await the action
of the Republican party and to lay out
their plana after they hear what the
Republicans have to say at their meet
ings tonight. They will listen to ths
arguments there adduced and then talk
against them. The first meetings ot
the Home. Rulers will probably bo held
TO- TUE FEDERAL COURT
Regarded as Attempt to Destroy the
Functions and Potency
of the Federal
5 , Court.
Imthc Bulletin ot March 27 appeared
the (text of a bill Introduced In Con
gress "by Representative- Mondell of
Wyoming, amending the existing law
In reference to appeals from the Unit
ed States District Court of Hawaii.
Lawyers who have taken time to pe
ruse the bill, comparing It with the
law sought to bq amended, perceive
deep significance In the proposed meas
ure and not a little mischief.
One who has gone over the bill In
that manner with a Bulletin reporter
decleres It to be an Insidious attempt at
undermining tho Jurisdiction and gen
eral powers of the Federal court of this
Territory, Though not Introduced by
a lawyer. It contains In itself the evl
dento ot having been drafted by some
lawyer ot moro than ordinary shrewd
ness. Tho bill has been described to
a JJullstln reporter as an attempt to
Brae -for the"transltlon -period" doc
trinaires by legislation what could not
be done by judicial determination.
The bill Is an exact copy of the sec
tions of the Organic Act creating tho
District Court of Hawaii until they
come to tho provisions for appeal to the
Ninth Circuit Court ot Appeals of the
United States. Then It changes to
make the appeal be to the Supremo
Court ot Hawaii instead of the Ninth
Circuit nforcsald. This change would
virtually transform the Federal court
here Into a Territorial court, Its acts
and decisions being reviewable by tho
Territorial Supreme Court.
Again the bill alters the word
"States" to "Territories" In the fol
lowing provision of the Organic Act:
"Th claws 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
the United States and the courts of the
several TERRITORIES shall govern In
such matters and proceedings as be
tween the courts ot the United States
and the courts of the Territory of Ha
This amendment completes the sev
erance of the local United States court
from Its original Federal relationship.
By the Judiciary Act of the United
States passed In 1891 was created a
Circuit Court of Appeals for each ot
certain Jurisdictions, and by the Ha
waiian Organic Act passed by Con
gress in 1900 Hawaii was placed with
in and made a part of tho jurisdiction
of'the Ninth Circuit having Its Mat In
California. Thus far four appeals
from Judge Estee have gone to that
appellate, court and been In every caso
There Is machinery provided In the
Judiciary Act of 1891 for conducting
such appeals, but should the proposed
amendment of the law relating to the
District Court pass there Is an utter
lack of machinery for carri'lnir It out.
Therefore the passage of the measure
would Involve not only tho amend
ment of part of the Organic Act, but
necessitate th,e repeal of part ot the Ju
diciary Act of 1891.
The United States District Court has
exclusive jurisdiction of admiralty.
bankruptcy, patents. Internal revenue,
public lands and many other subjects.
To havo It made subjective to the Ter
ritorial Supreme Court would simply
lender It a nonentity In Its Intended
function of Interpreting purely Federal
The newly organized Engineers' Club
has secured quarters In the V. M. C. A.
building which will be occupied by the
ciuo ror the next six months. It will
havo the large double room above the
gymnasium which will be calsomlne.1
and put In order. This room Is used
by the Association as a class room iluri
Ing tho hourtT,of Instruction and as
thero wlHtbe.tei classes for tho next
six monttisre Association will not
have any liaejfor it. . ,
The naxt meeting of the Engineers'
Club, on Saturday of 'this week, will bo
held In the new quarters.
Ily tho census of 1900 only two Statci
had more fore(gn-born than native
born malo residents of voting age
Minnesota and South Dakota.
SAYS I KNOW
, , ...
uucai mrniture inaeear'".r.rAlr.r.wr;s
Placed in Judges'
OF CIRCUIT JUDGESpets In tho rotation glen will play
Jjdge Robinson 'Cites California's
Example in 'Defence-Department of
ruonc worKS uraws ine Line
On LdUIlgeS., .
. , pan, Limited, was held this morning
Judge' Robinson waB pointing "with ? M1" P't; ofV, n- ?'tle ln tUo.
grille to the. ducal furnishings ot his , Stnngenwald building. The reports of
chamber In the Judiciary building this tho, ",c!r" w?r5 rcad nn"J accepted
morning. The Advertiser had refer-, nnd tho following officers for the en
ences to the moving of the mcmberalB"lnK V wore elected: President. A.
of tho Judiciary Into their new quar-N- Campbell: vice president. . R.
ters, representing that tho high Judl- Castle; secretary, . II. Castle Jr.;
clary was adopting an extravagant I tren8urcr' p- M. Lansdale; dlrectot
plan for the purpose of breaking tho "nd man,as;r' r! ; J; Amweg, and audi
Treasury and thus compelling an ox-! tor A. N. Campbell.
tra sctBlon ot tho Legislature to carry
out vaster schemco for the spoliation I
of tho dear people.
"Havo you a chair?" former Su
preme Court Justlco Whiting said to
Judge Robinson upon being Invited lu
to his parlor.
The Judge, had ono (1) chair 1
beautiful revolving work ot art with
perforated leather seat. The other
ducal appointments as yet placed con
sisted ot ono (1) office tablo with bil
liard cloth cover, also drawers having '
knobs, nnd one (1) leather-covered dl-l
van. riaiiiff Bins in negiige attiro
came, In puffing with unaccustomed
toll Blnce ho toted a rebellious tales.
man up the stairs, looking the picture
of the master of a household who had
taken 'a day off to help tho goodwlf
at spring house-cleaning.
me carpets are an reaay, tne
bailiff ejaculated, thus perpetrating a
dead glvo-away of palatial furnishings
"Where are they? asked tho Judgo.
"I don't know." naively replied tho
agent ot judicial power. So far tho
carpets appeared to bo a belated
April 1st brick In a hat. Without car
pets the floor, thickly smudged with
reddish-brown paint, would bear fav
orable, comparison with the deck of a
stcrnwhccl ferryboat upon tho Squa
Judge Robinson enumerated to sev
eral visitors dropping Into his luxu
rious room It has ono window be
sides a halt-glass doorr-tho list of
Judges In California from Supcrloi
Court up. thero being moro than clgh
ty all told, and said that everyone of
uii-iu rau u iuuuku in uuico. Jieru
tho Department of Public Works had
drawn -the lines at lounges for tho Ju
diciary, and the Circuit Judges had or
dered theso articles of comfort upon
tbelr own responsibility.
It was only to laugh that attorneys
and others In tho court houso this
morning discussed tho gravamen of
the Advertiser's latest Impeachment
ot tho Circuit Judges. Tho fact was
not overlooked that all ot tho furul
turo and furnishings ot tho chambers
belong to the Territory, and It sub
stantial articles are put In they will
last the taxpayers for many years.
The following committees havo been
nppolnted to take charge ot the big re
ception to bo given to Rev, Father
Stephen In the rooms of the Catholic
Mission Saturday night;
Invitations and Arrangements J. B.
Sabatc, M. R. Medelros and V. Fenian
dcs. Reception L. Medelros, M, S, do
Ponte and Alfred Rosa.
Financial Father Valentin and A.
Program Father Valentin nnd J.
Decoration A. Nasclmentoj
The Pacific Tennis Club will hold a
tournament April 9 to compete tqr a
silver cup offered by Wallace Alexan
der. The competition Is open for mem
bers only. The garnet wjll be geutle-
men's singles. to bo played as follows!
Hlionse, J. Cooke vs. C. KortcTj
klnson vs. Howard Hitchcock,
Babbitt vs. S, Wilder, W. Roth
Dillingham, C. Cooke vs.P M, Lane
dale, A. T. Brpk vs. Wm. H. Coney,
J. T. Irvine vi Oeorge "Fuller, Walter
uiuingnam vs.a, waiornouie ami t.,
R. Adams vs. C. W. Dickey. In tho
ftponml trmnil fhf n-ltitiofa nf thft two
each other, the winner of the E. R.
Adams vs. Dickey set drawing a bye.
The other rounds will be played In the
same order by the winners of the pre
The annual meeting of tho Hawaii-
an Engineering and Construction Com.
CUSTOMS HOUSE AND II.A.C.
VT0 PLAY ON APRIL 12
, Leonard WilLMake , a iTrip Skv.wards
II' r ;
second uame to Be nayed
Tho McKlnley Memorial Finance
Committee's BUb-commltteo on athlet
ics is at, present making arrangements
for the playing of a baseball gamo for
the benefit of the McKlnley Memorial
Fund. This morning Charles Chllllng
worth, the president ot tho Honolulu
Athletic Club, and J. C. Scanton, cap
tain of the Custom House, team, wero,
elected members ot tho athletic sub
committee with a view to their ar
ranging a game between tho Honolulu
Athletic Club team and the Custom
House team. '
Although tho thing has not been
qulto definitely decided as yet, It Is
practically certain that tlie game will
, tak0 piace Saturday, April 12, In the
.afternoon. TUo teams which will nlav
havo not yet been picked, but the Cus
tom House team will-be decided on
very soou. The Honolulu Athletlo
Club has at present three separatu
baseball teams which will Immediate-
. lv nn Intn rnrlln!r nrnrtlro. Tn tpnni
. which will clay at the benefit eatna
WIH bo picked from tho best material
ot these three teams.
Arrangements have been made so
that Professor Leonard, the aeronaut
who was to havo asceuded Into tho
skies at tho McKlnley Mcmoilal As
poclatlon football gamo on the 22d ot -
last month but was prohibited by tin
Inclement weather, will make a bal
loon ascension and a sensatlonal-para-chuto
drop just after tho game, 'tho
commltteo will request tho Oalm Col
lege authorities for the use ot the Pu
nahou grounds for 'tho game.
This game In not to be confused
with tbo championship baseball gamo
which is also being arranged for by
the athletic subcommittee ot tlie Mc
Klnley Momorlal Fluance Committee.
This game, which will also be played
for the benefit ot tho memorial fund,
U to take place on Decoration Day, W.
II. Babbitt and John F. Soper wero
this morning elected members of the
athletic sub-commltteo with the view
ot their making tho arrangements for
this gamo. It has not been decided ni
yet which teams will play In this last
Heretofore our storm rubbor ads,
havo had tho effect ot causing tho
rain to ceaso on the same day of publi
cation, You might consluen them a
If this ad, falls ln the usual result,
we can at least bo ot gieater servlco
to tho public by Belling tho very
best rubbers at $1.
This will Insuro dry feet and great
ly lessen tho chances of a cold, thoro
by saving doctor's bills, etc
Shoe Company, Ltd.
SL .-ifiaBL -mS. - .J1
w Hu jmrmiamaTt' -
vs. t.'fe!?3Vv"a i