Newspaper Page Text
f 'mmmmW ' n9m
i i i'
Steamer Table.
j J prevail that advertueogugu. ?Y" ""4 .
From S. F. !(
cost more than those not ;')
,. Gaelic Apr. 15 ,!
i,i Sierra Apr, 10 t
U JLjjLf JlLi 1 IlS
advertised. The very oppo- -,
site of this Is true. Why? !j
Because the larger the quan. ,'.'
tlty of goods produced, the '(,!
cheaper they can be produc- i!
ed. Hon. ELIJA A. MORSE 'l
For Sydney.
Aorangl .
..April 12 ij
it.
.AN ..V
iV" 'W
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By use of BULLETIN "Want Column"
rjrr-r-rJrr fr
V,.. i!
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Vol. X. No. 2110.
HONOLULU, TEltlUTOKT OE HAWAII, FIWDAY. A PHIL 11 1902
Pjiici: 5 Chnts.
r.
Eyening
I
)
l
n
"a
V
(
.
:1
f
-4
I
AMIES 18 M
II
m
At Boys' Brigade Field
Day, Kapiolani Park
Saturday.
TRACK GIVES PROMISE
OF SUCCESSFUL EVENTS
Princess Kawananakoa Will Give Out
PrizesWill Be Assisted
By Number of Young
Ladies.
The condition of the track at Knplo
Itinl park gives promise of a cry suc
cessful day tliero tomorrow when the
athletes of various athletic organiza
tions of the city will contest for su
piemacy. The events will be started off nt 2 p.
m. sharp and will be run off as quick
ly ns possible.
Princess Kawananakoa will award
the prize to the victorious athletes.
She will he assisted by Miss Alice
pCampbell, Miss May Damon, Miss
s" Anita Chrstal anil Miss ltoslc Cunha.
Through the kindness of High Sher
iff Drown, there will be a large force
of police oOlcers on the track to keep
back the crowds. It Is the Intention of
the committee In charge of affairs to
allow no one to go on the track unless
he has authority, this fur a very ob
vious purpose.
The captains of the clubs of the
Uojb llrlgadc- are pushing matters
ahead In great shape and to him great
credit Is due. Jas. I.. Torbcrt is doing
ixccllent work, getting the track In
bhapc for the events toinoirow.
J. Tarn McClrcw has charge of the
decoration for Princess Kawananakoa
mill will cause a transformation In tho
giand stand tomorrow.
I'oriowlng Is a complete list of tho
events with the entries:
FIELD EVENTS.
I Shot Put.
Num.'
her.
Posl-
ttoU
1
O Jones (Kam) 7
Ham (Y. M. C. A.)
Keuenr (P. A. C.) .
21
.. 27
,. fi
,. fi
,. 5
,. M
. 1,3
. 115
,. "
,. 71
.. 73
.. S2
Num
ber. . 3
. i
. C
. fi
. 9
3
1
S
u
7
S
J
10
11
13
13
Posi
Hoy le IP. A. C.)
Hatch (V. M. C.
Uvvallko (M. I.)
Hwalll.o (Y. M. C
Pllncy (Art ) . .
A.)
..)
Hamauku (Kam.) .
I' Kauau
Kueo (Kcm )
Itic hards (Kam ) . ..
1'oho (M I)
II HlglJump.
tion.
1
3
4
5
0
7
8
9
10
U
12
13
I'osl
tlon
1
o
3
4
C
G
7
S
9
Posi
tion. 1
o
3
4
r,
r
7
Iu (M I)
Iloyur (M 1.)
Poklpala (Kam ) . . .
Miller (P A C.) ....
Plerson (Y, M. C. A.)
Hopper (Y. M. C. A.) .
II
17
Wilght (M. I )
Ilulmes (P. A. C) 21
Hardee (Kam ) 2U
Dole (P. A. C.) 31
Harbottlc (Kam) CS
Hwallko (Y. M. C. A.) .... C
Itycroft iv. A. C.) 7ii
III Pole Vault.
Num
ber.
3
21
!fi
31
31
May (M. I.)
Ilulmes (P. A C.) ..
Hardee (Kam.) . . ..
f.nlny (Y. M C. A )
Dole (P. A. C.) . ..
Kaulukoii ,- A. C.)
37
Kaal (Kam ) 41
Campbell (P A. C.) 02
i:. McCann (Open Class).. 54
IV Broad Jump.
Num
bei.
lloer (M I) 4
Miller (P A C.) C
Uerger (MI) lfi
IIulmcH n A C ) . . . . 21
Dole (P. A C) . . . 34
Campbell (P A C.) ... 52
Km bottle (Kam) 53
I ' '
GOME SEE
OUR STUDIO
We aro nlwas pleased
to fchow our btudlo and
woik to callers, and ex
tend a eoidlal Invitation
at all times We fimr-nntet-
our photos not to
lade
Rice & Perkins,
PHOTOGRAPHERS.
Oregon Block, cor. Hotel and
Union Sts, Entrance on Union.
ill
11
SALVE OF $1000 WANTED
FOR PERSONAL INJURIES
Motion to Strike Out Complaint
Against Rapid Transit-Sale of
Personalty in Krouse
Estate.
Keawe, residing at Walnlua, lias
brought an action fr $1000 damages
egalnst Makamako nnd Nulla on uc
count of nssault ami battery. Defen
dants nro charged with striking, beat
ing, wounding nnd choking plaintiff.
Petitions for administration of th'u
estates of II. r. Olbbs nnd Clara
Bchnclder, presented by tho City Fur
niture Store, were denied by Judge
Humphreys becnuso the nature of thu
firm was not shown, whether a part
nerslilp or corporation.
Cecil Drown was appointed adminis
trator of tho cgtato of Wm Mcjcr un
der $2500 bond.
On the petition of Frank I,. Itoogs.
administrator of the estate of Thomas
i;. Krouse, deceased, Judge Humphreys
ruled that tho petitioner could sell the
personal property without an order ut
the court.
Judge Gear has approved the account
and report of V. J. Russell, guardian
of the Itocio minors.
In the partition case of Hose Kalel
okamoktt Analm ct ai. vs. James Ana
hu ct al, five minor defendants by tbclr
guardian, Plnehaka Anahu, consents to
the prayer of plaintiffs.
Hatch & SUIlman nnd Kinney, Il.it
lou & McClanahan for defendants In
the Injunction suit of n firm of Chinese
vegetable gardenc-s to prevent the
Rapid Transit railway from going over
their lands to reach Walklkl have filed
I a motion to strike tho amended com
plaint fiom the files on the ground that
It is a complete substitution
Return of summons as served on de
fendant has been mnilo In the ilivnrro
suit of Jean Iluth Singer against Carl
Lewis August Slnsir. The ground of
(omplalnt Is failure to support
The (llvnico summons of Olaf L. So.
renson ngalnst Frnnka St Clair Soren
Hon Is returned unserved, with Infor
mitlon Hint the defendant Is In Kurope
Ihe case ngalnst her Is desertion.
-"-
i:wnlll o lY. M. C. A ) . . . r,C S
Pa (Kam) 57 9
llallej (P. A. O) 02 10
Curtis (Y. M. C. A.) 09 11
V Hammer Throw.
Num- Posl-
ber. tlon
Apeln (Kam) 1 1
Ilenear (P. A. C) 27 2
Dole (P A C) 34 3
Kwallko (Y. M. 0. A.) ... 5G 4
P. Kan ae (Kam) 07 5
McDuffoy (M. I.) CS I,
IlUhnrds (Kum.) 73 7
Poho (M. I) 82 8
TRACK EVENTS.
1100 Yards bash (Trials)
1st Heat Starting
Time, 2 p. m Sharp.
Num- Posl
ber. tlon.
Plerson (Y. M. C. A.) ... 9 1
Wheeler (Art ).....:... 20 2
Akana (Kam.) 23 3
Kaulukou (P. A. C.) 37 4
Platte (M I.) 83 5
2d Heat Starting
Time, 2 02 Sharp.
Ta)lor (P. A. C.) 29 1
Hopkins (M. I) 53 2
Pa (Kam) 57 3
Punuliu (M. I:) 74 4
Mazall (Y. M. C. A) .... 77 5
Note Firsts atTTl sec
onds to run In final.
11880 Yard Run.
Time Stalling, 2-i5 Sharp.
Num- Posl
ber. tlon
Drown (P. A. C) 18 l
Jenkins (Y. M. C. A.) ... 22 2
Allen (P. A. C) 14 3
Shciwood (M. I ) 28 4
Klever (M. I.) 38 5
Kerr (Y. M. c. A.) 10 c
day (M. I.) 45 7
Scharsch (Kam.) Cl 8
J. Anderson (M. I ) 70 9
Kamnll (Kam) 7J 10
Kurort (P. A. C.) 70 11
111100 Yard Dash Final
Heat.
Starting tlmo 72 30 Sharp.
(Continued on page S.)
1
KOAD JUItV MEETING..
High Shtrirr Hi own gives notice In
toda)'s paper that tho Jury In re the
widening of tho Walklkl road from tho
Junction of King street to Knplolanl
park, ami changing n portion of the
Bamo, will meet In Honolulu on Satur
day Apt II 19, at 10 o'clock In the olIKe
of the High Sheriff. Tho Jury will
then adjourn to the slto of tho proposed
loadwii), there to Inspect nnd examine
such locality und asm tain all facts as
ma) lmve bearing on the matter.
nbws rrtoM ccmbt.
The Canadian-Australian steamship
Aorangl, duo from Viuuouver and Vic
toria tomonow moinlng, will bring
Mainland newspapers of three da)s
kiter date than thoi,o brought by tho
transport Sheridan. The Sheridan
3nll(d fiom San Francisco on Apill 1.
The Aorangl left Vancouver on the Itli
instant.
Thp flmnil Onoin llnlwn In Pntla
holds n iccoid for any nno building In
tho way of locks and keys. Its total
Is now 07 12 of each
Satisfactory Agreement
IN
Has Just Been
Kona plantation Is going forvvaid In
full swing nnd the crop taken off thus
far Is exceeding expectations.
This Is the report brought by the
Maunn I.oa this morning. The Japan
ese Consul with Ilerelver Scott suc
ceeded In reaching nn understanding
with the .Japanese contractors and la
boiers whereby It was ngietd to go
forward with tho work of taking oil
the crop, laborers to be paid from the
first returns Indications are that ths
Incomo from the crop will pa) nil
pressing Indebtedness, nnd It will nut
be necessary to borrow money.
Through the efforts of the Jap.incst
Consul, who leturiied from Hawaii In
the steamer Maunn I.oa this morning,!
Ret elver Scott and Chester Doyle wht
s'ns appointed by the court to act ns
negotiator between the Japanese con
tractors and laborers, n ratlsfactor
settlement between iccclvcr nnd work
men has been arrived at In tho affn'iis
of the Kona Sugar Company.
M. V. MeChcsncy & Sons received
word from Ilccelver Scott In the mall
this morning, lepoitlng that work was
proceeding on the plantation und that
the mill was grinding.
On Wednesday last, sa)s Receiver
s to to ! f to "a to to to to
The home of Mis. U T i)llllnglu,m
at Woodlaivn,' Punnhoii jeyli'-daj
afternoon, was the sccnu of a haiu
terlstlcally cnjojablo lcicptlon, the
function being In the nnture of u fare
well to Mrs. Waltei I" I'uar who
l-vvca for v'nllfornla on a 'w inontha
ll lp next Tucsda). Mr Dilllugli un
ml Mrs !. i were iiimUIi") Ii) liicu
ladles Mrs V, .1. l.owic). Mis H C
Urown. Mis S M Damon. Mis. V 11
Damon, Mis C. II 1 1) tie. .Mis 11 I..
Marx, Mrs. J II. Atherton, Mrs II 1".
Wlcliniau Mrs Philip I'rc.ir Mis A. ll.j
Wood, Mis. Albert Haas, .Mrs II M '
von Holt, Mis. A J. Campbell I
Among the )oung ladlis whu assist
ed In sen lug the gucstH were Miss Ag
ues Alexander, Miss May Damon Miss
Charlotte Hull, Miss Helen Mncfail.ine,1
MJ33 Ijh1 Maif.ul.iiH' Miss Damon,!
Miss Hill, JIIs3 Ada Whitney. )
'Ihe hostesses and Mrs It Smith a
cousin of the Dlllliigluims, flood In the
Walklkl comei of the reception hall j
Tho guists weie nut nt the door h)
Mrs. r J I.owiey nnd Mrs llcnr) C '
Drown Mis S M. Damon presided nt
the corfio urn and Mrs A J Campbell
served fruit punch
The dining loom vvjs dcunuted in
jcllovv The reception hall was In
white and green, while festoons of
malle were interwoven with the grill
work between the parlois A quintet
club nt native musicians furnished the
musk .
Tamptco LnndH Toda.
The W. (1 Hull was nt Knloa when
the James Makce left K,apua yester
day. The Hall was loading sugar The
Walalc.ile wns at Dleele discharging
freight Tho steamer TatupUo was at
Makawell discharging coal, she was to
leave for Dleelo today to load sugar I
f to to Pa !U : f ' J Rs Pji to
Grand Ratification Rally
OF REPUBLICANS
At Emma Square Toni
This Is the night when every good
Republican lu the 1'ourth nnd Fifth
Districts should tin n out nnd rally
round theli successful candidate,
l'heio Is to be n grand latlllcntlon
meeting In Duma Square at 8 o'clock.
A half an hour beforo this time, tho
Republican foiee-s will gather on Pal
ace Squaio and, bended by tho band,
will march to Knima Square to hear
tho spieehes of W. W. Hurrls and the
best oiators of the party.
i"io committee In charge of tho rat
ification rally has m ranged the follow
ing. Procession will form on Palace
Squat u ut 7 30 p. in
I.lno of March Along King to Port,
to Hotel, to Atakoa, to Kmniu and
thence to Kmma Square.
Tho Older of tho piocebslon will bo
as follows:
Grand Marshal.
Hand.
KONA MATTER
Hrott, live ncres of cane were taken to
the mill and the ciop promises to cc-
cecd expectations by u good deal.
The letter goes on to say tint the
Japanese Consul did much with the
Japanese inuorors to arrange tnings In
a manner agreeable to all parties. He-
fore the consul arrived in their midst
the lahoreis wcic very much excited
nnd understood little or nothing ot
""" " uv """" "c "i'--
were clamoring for back wages and de-
mniided of the receiver their inonej h
tore agreeing to go to work.
It wns explained to the laborers that
the lecelver was not there to pay back
wages and that nothing could be paid
out until the crop was taken off and
the cane w-s ground .
When the Japanese were finally
brought to appreciate the situation
they agreed to go to work. Half ot
theli number went to work on Wednes
day and the other half turned to i:-
lerilay
llcclver Scott expects "verithlng to
move along In n satisfactory manner of outside money, and that Its affairs
now that It has been settled that the rie In tho best possible condition in
Japanese are to be paid out of fip first i.er the circumstance for all roncrn.
receipts fiom the sugar cd-bondholdcrs, sto kbolders nnd
Arthur Wilder was among the re-1 creditors."
m ft n to t s to. to to r to r to to f to to to to to to to to
10.
Neither Must He Convey
the " Sweet Home "
Property.
JUDGE GEAR DECIDES
CARTER FAMILY DISPUTE
The McCorristons Put Up Coin aid
Keep Valuable Town
Propcity of McColgan
Estate.
Tululit I. Ila)selden b) her attorney,
Charles CiclKhton. has filed a netltlon
to Judge Humphreys, reiiucstlng a tie -
luloil of matters In dispute between
herself und David Dayton, trustee un
der the will of Waller Murray (libson.
The main point is that the petitioner
elulms nnd the trustee refuses to pay
330S.9I, being three-fifths of the net
cash balance of $0S4S.24 remnlulng, ac
cording to his first annual account, af
ter payment of nil outstanding clalnii
ngalnst his estate.
Judge Gear this noon handed dnv.n
a decision on the bill for ndvlte and In
structions to trustee of J. O. Carter,
tiustce, Hgalust Sybil Augusta Carter
and otlioia. It has relation to tho con -
structloii of a trust deed of Helen Sey
(Coiitiiiuc.1 ! p.'9 5)
to to to to to to n P v n p rj to
Tenltorlal nnd Pouith District
Committees
Representative W. W Harris
with Chairmen of Territorial und
Pourth District Committees
Precinct Clubs of Pouith District
Precinct Clubs of Plfth District,
llverybody KIbo
Tho chairman of ilio meeting In Em
ma Square will ho Representative A.
G M Robertson. Tho following havo
consented to speak I.oriln Andrews,
Judge A. N. Kepoiknt Abram I.owls,
S. K Kane, Tenltorlal Committeeman
jT Mc Cants Stewait, Repieseiitatlve
Jounh Kumalae, Senntor Clareneo I,.
urniine, u. Kcuauona. rrnncis. I.
IliookH nnd Terrltoilnl Committeeman
W J. CoiJIio. .
Tho men who were appointed as pro
tlnct captains by tho Pouith District
Committee nro nil oxpetted to bo on
hand at Kmmn Square, without fall.
They will bo called upon to pa) some
thing of how tho work was t aided on
In thdr respective prcclnitr on the
v.a Inst.
This notice to the RcWbllcnns of
Reachei
turning passengers In th Minna l.n.i
this morning. In speaking uf Km,,
sugar matters Mr. Wilder said
"1 Sce that tho Japanese fluvc gone
to work again at Kona. Tho mill Is
grinding, I understood rhat ti labor
ers vvero to be paid In sugar and lhat'eced wHIi thn
they would turn It over to HneKfcM fclswered u tho
Co nnd so realize quicker than they Inimedlntclv d
would If they waited until Hie receiver
icceivea returns. initigj certainly,
look brighter over theie
I'nder date of April in a Koni sugar
factor writes:
Kona Sugar Company i affairs nrs
i ow brighter than for many months
Mr Scott, the receiver, with the nsslst
nnre of the Japanese Consul, has pre
vailed upon the Japanese to sign a con
tnict to harvest (he crop, their pij to
tome when tho sugar Is ol 1 and wink
now going on ns of yot.
"I now consider that the gici'cst
il'fllciiltlcs arc over, that the plantation
can uo put more or Ich or. its feet
without thi l.nrmulnr r ,, ....,.
"The Girl I Left Dehlnd Me Oe
lasco's famous war drama, was finely
presented by the Dlloford company at
the Orphcum last night. There was -i
good sized house and applause was fre
cuent In ever) act. Tho scenes were
attractively constructed. Herbert T.
Shaw as Major llurlclgh, Prank 11.
running as I. lent Hadkesvvorth ami
Itlchard Scott ns l.lcut. Pailow gave
goon strong drama throughout Al
bert .1. Watson as Dr. Arthur Pcnvvick
ami Mies Alllne Wull'aco as Wllbcr
Ann. making lovo In the rollicking
style of the wild west, never allowed a
dull moment while the) vveie In bight,
llahy 1. Milan gave a mol cbnimlng
spptescntallon of Dick lluilelgh tho
Majors hoy Mrs. Mcdlynn, wnshcr
u onuin of Post Kennlon, was properly
taken off by Miss Knima Cummiugs,
v.hllc Mlbs Claire Washington and Mis
-May Powers cliaimliigly carried out
the parts of tho general's d-iughter and
the lieutenants sister Prank Wjman
was correct nnd dignified ns General
Kennlon The support was up to tho
mark It Imluded a squad fiom Camp
! MeKlnley
The World" Is the pla) for thlh
and tomorrow evenings nud a millnei
tomorrow afternoon It Is sine to dun
crowded houses.
8IILKIDAN KAILS TOMORROW.
The United States Aimj transport ,
Sheridan, Captain Pierce, expects to
get uwny for Manila tomorrow morn-
Ing. She Is still coaling In the stream.!
Huckfeld's steam stow Pioneer assist-
Ing In tho woik of handling barges
! The cabin passengers of the transport I
'are passing to and from the shore In
the launches, while the troons are ex-
Jercising on quarantine Island
to to to to to to to to to to to r Tj
the Plfth District has been Issiud li
tho Tenltoilal Committeemen of that
dlstilct:
Republicans of the riftli Dlstilct
nro requested to assemble this even
ing nt 7 o'eloi k on tho mnkal side of
Knmehnmehn statue, In flout of the
Judlclnry building, to Join the Repub
llcnns of tho Pourth Dlstilct nnd I
march In tho procession to Dmma j
Square, and celebrate with them their
reecnt gloilous victory"" The Plllh
District line will bo lu eharco of Mes
srs I. II SherwooTI, Cliuilcs Cluik T
A. I.lo)d Jr. Lot K C Lane, 11 P
Znblnn, 11 It. HitcluocTc and Sol Ma
liclnnn
lly request ot
T. MeCANTS STEWART,
W .1. COELHO.
Ui:0. II. MUDDY.
JcJ'.lN C. LAND.
Tenltorlal Committeemen.
Pi om tho Interest thai has been ta
ken In tho recent election tliero setn.
to bo every nssuiniico that tliero vill
1 bo nn Immcnso gathering nt tho Re
publican ratification tally tonight.
m m&Mvm
ATTORNEYS CLAIM THEY
'DID NOT RECEIVE HELP
From Police Department This Was
Why They Asked For
a Dismissal of aii ,
Cases.
Tho cases of the nine Chinese chaig
cd with conspiracy lame up In the
Police Court this forenoon. Judgo
Wilcox asked Attorney (1111. who np
peared for tho prosecution with Attor
ncy lark) If ho was ready to pio
case. Upon being an
negative, JiiiIko Wllco
ultnlnlt iltutnlam.il IT. a onn I..
the matter of tho vagrancy 'charges
against tho samu Chinese, n no u
prosequi was made.
Attorney i'niky In asking fur dig
missal said.
"In asking that this case be dismiss
eit I drem It a cTut) which we owe to
tho Court to stnto the reasons which
have prompted Mr. Gill nnd myself to
present to tho Court this request. On
Monday last wo were retained to ns
slst the Poltco Department In this
pending &isu, nnd we requested a con
tlnunnec until Wednesday so that wo
might famlllarlzo ourselvcR with the
evidence. Several times on that day
nnd on Tuesday wo requested by tele
phone nnd personal visits an interview
with the Deputy She"Vrff. but It was
not until Wednesday morning that wu
linn a live minute Interview w th him.
Then I learned from him that this was
tho opening of n wnrfarf Wtween two
factions of the Chinese In (his commu
nlty, one represented bl fiOOli and tho
other represented by 4000. and that
bloodshed was thieatened.
"The charge was so serious thnt wo
asked for a further continuance of tho
case until this morning, fully confident
Hint we would have Hie active aid of
the Police Department. In nn Inter
view yesterday morning 1 wns assured
of fifteen witnesses and yet tho only
one presented by the Police Depart
ment was a Chlneso officer, nnd ha
told mo that Just beforo making tho
wrest ho heard tho defendants say,
"Now we will kill ttiem" Nolwlth
standing the fnet that bloodshed was
threatened nnd murder contemplated
the charge hero made Is conspiracy In
thu third degree, a mcro nilsdemenn
or. Wo nsk the- dismissal of this ease
because the chargo shoulTl bo conspir
acy In the first dogrco.
"During rhu past week tluro have
been meetings to piociire witnesses
whoso testimony would defeat tho
cuds of Justice nnd yet tho I'ollt De
iwtmcut has failed to lift Its hand and
u have obtained from them no lid or
assistance nor any ovldenco which
they should prAvtdo; furthermore tlm
charge should be cunspniic) In the
first nnd not the third degree, nnd ns
It Is an Indictable offense we- will pro
scut it to (lie Giand Jury"
s Deputy Sheriff Chlllliigvvorth left
the police sfnllon Immediate!) nfter
the session of the Police Court nnd
had not returned up to 2 o'clock, his
side of the question could not be learn
id. However. It Is understood on good
tuitlioilty tint lie has another story to
,el1
Wntepvvltch TiiUch n Tern.
The gasoline launch Wnterwltib
Captain Young, towed the brlgnntlne
Consuilo to sen this morning, taking
her out of the harbor about 10 o'clock.
Tlc consuelo sails lor the Sound In
ballast. She arrived In this port from
Hurikn with lumber on tho 3d Inst.
f,1!!"1" ,"loljsc" ' "" commander
iH'wl,UK,!',!!!0" ,u"1, w'clclliile nro
ll"!',l"j "lhl '"jV,?," that uov
I hold their own In Iliazll
S, S, SONOMA, APRIL 15,
Next express steamer to the Coast
Wells, Fargo & Co. Express
TEL. MAIN 199.
Masonic Temple, with Amerlcn
Messenger Service.
euurooa
Heywood Slices Wean '
A Shoe worthy of our highest recommendation
$4.50 BUYS A PAIR
BLOCK BOX CALF OXFORDS or TAN OXFORDS
The Name IIEYWPQD on the Hhoeln it cjunriintcc of
honest viiluc,
MANUFACTURERS' SHOE CO., Ltd.
1057 Fort Street
m DECISION
'Abies Has Lien On Seat
f r m
0T ' A'ter
Members.
CREDITORS IN ASSOCIATION
MUST FIRST BE PAID
Judge Gear Adopts the Construction
By Federal and California Supreme
Courts of Identical Stock
Exchange Rule.
Judge Gear rendcrcu a decision to
da) In the equity suit of I,. C. Abies,
to declare a Hen and Tor Injunction
against Charles J. Talk, Hawaiian
Trust Company, trustee of Charles J.
Kalk Honolulu Stock nnd Uond I'.x
th.inge and Jns. V. Morgan.
The pl'iliitlrf sought to have a lien
declared upon the seat of Charles J.
Kalk its a member of the Stock V.
change and to procure an Injunction
restraining the sale of the seat by thu
trustee for 1'nllt's creditors, under an
assignment made subsequent to thu
alleged Hen .of plaintiff.
It appeared by nn agreement In
writing that defendant Talk sold and
assignee, to plaintiff nil his right, tltlu
nnd Interest In the Stock Kxchanga
seat as belonging to him and free
from nil Incumbrances, ns security for
the return Of fifty shares of the eapl
tal stock of tne Wnlalun Agricultural
t'umpan) SO per rent paid up giving
AI'i'B full power to sell the security H
the stock was not returned within sl
mouths Ilefore the s'x months expir
ed. I'nlk leturiied to platntln thirty
Hlmies nnd there Is now ovlng to plain
tiff twenty shares of Walalua stork.
Judge Gear holds to his opinion ex
pressed un dimiirrgr that n scat In thu
Stock Hxchango is property, subject
to sale or assignment. According to
the rules of tho Stock Kxchango In
sales of beats for account ot delin
quent members the proceeds shall bo
npplled to tho benefit of tho members
of the lxihungc exclusive of outsldo
creditors, unless there shall be a bal
nnco tfter tho claims of Hie members
nro paid In full, and the seat of a
member shall bo u continuing security
to nil members ns long ns he remains
n member. TMs provision is an exact
topy of ono In the rules of tho San
1'ramlsco Exchange whldi was con
strued by the Supreme Court of tin
United fttates nnd that of California,
separately In two cases, th? gist of
which respectively was that n sell In
the Hxchango was pioperty. Incum
bered with conditions when purchas
ed without which It could not bo ob
tained, nnd that the owner of a sent
hail power to pledne or mortgage It
subject to the conditions ImpObCil by
the lilies of the nssoclatlou.
Othei cases were cited against this
construction, but Judgo Gear adopts
tho well known itile that where ono
I State copies n statute of another
State nfter It has been construed by
tuo courts of the latter Stnte. It mils
be (oustrued us If tlio decisions con
struing 1t were Incorporated therein
i 11 Is found that Aides made demand
upon Talk for the return of tho twen
ty shares, hut that no tender was made
of tho Bhares until sifter suit wns
i brought. Then n tender was mado
wltTihut payment of costs which tho
, Court finds una not sufficient. Tho
I plaintiff Is declared to liivo a Wn
upon tho sent of Talk, subject to tho
conditions under tho rules of tho Kx
chango, for JlOGiTns the market valno
of tho twenty shares M Walalua at tho
end of the six months In tho ngreo
inent There were two claims of Kxchange
members ngalnst I'nlk which were al
lowed by the Exchange One of Jl.
20170 wnB in fnvor of Robert Slilngle.
nnd ono of $720 ns In fnvor of another
member
(Continued on page S )
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