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NEVER FAIL TO PRACTICE WHAT YOU PREACH IT INSPIRES CONFIDENCE
STEAMER TABLE. ;
From 8an Francisco
Ventura July ?0 X
Nippon Maru . . . , July 31 T
Mr. Nathan Straus, of R. H.
Macy & Co., New York, one of
the blggett of advertisers,
says that the art of advertising
For Ban Francisco
Sierra July 29
America Maru Aug. 2
! mcrciy to present miii .-
Mlowcra July 30 T
7 Ively absolute truth concern A
Moana .'. Aug. 2
X tng goods that are to be sold
ADVERTISE IN THE BULLETIN YOU WILL FIND IT PAYS.
Vol. XI. No. 2208.
HONOLULU, TERltlTORY OF HAWAII, SATURDAY, JULY 20, 1902
Price 5 Obnts,
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Supreme Court Reverses
Decree of Circuit
M0NTAN0 vs. CASTLE
IN EQUITY IS DECIDED
ACCEPTANCE OF PART OF THE
RESULTS OF TRANSACTION IS
HELD TO RATIFY THE
By unanimous opinion of the Su
preme Court, written by Justice Gal
bralth, the decree of tho First Circuit
Court Is reversed and the bill dismissed
In the case of Mary J. Montano vs. W.
R. Castle. It was a bill In equity for
accounting.' L. Andrews and F. An
drade appeared for plaintiff; W. R. Cas
tle In person, P. L. Weaver andW. L.
Whitney for defendant. The law of tho
case is thus laid down:
"A party who, with full knowledgo
of the facts connected with tho execu
tion of a contrnct.-cccpts a part of tho
benefits accruing from such contract!
thereby ratifies the contract as u !
whole." per list No. 2 630 00
Tho case arises out of a scries of lanJ i jHy by cnsh subscriptions
transactions wherein Mr. Castlo acted I pcr j(8t jjo. 3 135 qu
as agent for Mrs. Montano, beginning 'juy kj, by ' cash received
In December. 1900, when tho plalntlrtl from Hawn Qovt 1077 ou
and her husband were Indebted to the ,lllv 1B i,v muh rprelve.1 Mar.
defendant In the, sum ot $6000 secured
by a trust deed on their property, cas
tle sold a tract of land to W. C. Aclil,
who for consideration assumed the
$16,000 mortgage and gave two promis
sory notes amounting to $9000, which
made up the purchase price of $25,000.
As security for the notes a chattel
mortgage on dairy property was given.
About the same time tho plaintiff
bought of defendant a tract of land for
$2500. and after conveying which and
cancelling the $16,000 debt and other
debts amounting to $500 the defendant
held for the plaintiff the balance of the
purchase money of the larger transac
tion, $6000, In a promissory note at V
per cent for three years secured by n
chattel mortgage running to himself
ns trustee, without reciting for whom
lie was tiustee, 0:1 dairy farm lease
holds, stock and equipments. The In
terest on that note was later volun
tarily Increased by the mortgagor to 8
per cent. Almost five months after tho
tale, $700 was paid the plaintiff on the
$6000 debt and credited on tho note,
after which tho Interest for six months
was accepted by her. After repeated
demands and a failure to obtain the
balance of $5300, the plaintiff began
this suit In equity.
Circuit Judge Gear found for tho
plaintiff and made the decree now re
In coming to Its decision, tho appel
late court says the principal question
Is one of fact and tho testimony is at
variance. Tho opposing contentions
le vie wed show that the disputed point
related to the authority of Castle as
' agent, he having no written power but
'acting on oral Instructions from A. A.
Montano later ratified by his wlfo.
However, It is found that, the plaintiff
read tho deed made January 3, 1900,
carefully and only objected to ono Item
sec out In the schedule, that a state
ment of' account from the defendant
showing this mortgage was delivered
to A. A. Montano In February follow
ing, the account having been kept in
the latter's name In defendant's books
up to that time, that on May 24 de
fendant accepted $700 as stated with
Interest Increased In rate at her solici
tation and that It she did not authorize
the taking ot the mortgage sho after
ward with full knowledge of tho facts
ratified the acts of the defendant In
Tho court concludes that, "it the
plaintiff was dissatisfied with the se
curity It was certainly her duty when
the facts camo to her knowledge on
January 3, to have made her objections
known and If they wero not satisfied
to have repudiated the entire sale. She
canont be permitted to accept tho bene
fit of tho sale so far as she may con
sider It to her advantage to do so and
repudiate, tho remainder. Tho con
tract of (hie must be accepted ns a
whole or repudiated In Its entirety,"
AsrV ' m " -
Cf V V "- -v',A-,cN5St,
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7 & i. (
Y WmrZfll lYC--" all Dtiltrs J
IMPERIAL CIGAR STORE
RIIK nt TIIF fflllDTII 0
HRL YW 111
Fourth of July celebration;! Its
final meeting today, rcccleo0p6Tts ot
committees and approprlatcd-funds for
former celebration debts. Tho result
was the expenditure of all tho avail
able funds so that the next celebration
committee will start In with only fire
works as an assett. Chairman Ken
nedy reported that two-fifths of the
fireworks had not been used. These
were left In bis care to be, stored till
needed. Ills committee camo $215.50
under the appropriation granted. Tho
sports committee, Chllllngworth
chairman, expended tl'O of U00 appro
prlatcd; tho Literary commlttco
$84.25 of $100; the parade commlttco
Its full appropriation.
The ball committee and decorations
committee overran their appropria
tions. a'11 committee rcportB wero ac
cepted and a special vote of thanks
extended Mr. and Mrs. Murphy who
did noble work In the decorating. Un
paid bills from former celebrations, J.
11. Fisher $547.80 and Evening Iiulletln
$17.05, were ordered paid. Following
Is tho report of Treasure&Cooke:
Fourth of July (1902) Finance Commit
tee, in account with Charles M.
Juno 5, by cash received of
W. O. Smith Esq., being
balance left over, 1900....$
Juno 6, by cash, received
Treasurer of tho 14th ot
July, by cash subscriptions
per list No. 1 1,250 00
July, by cash subscriptions
Campbell, cost of
for Parado Commit-
July 16, by cash returned for
advances for labor on la-
nai 400 00
$ 4,867 60
May 24, to caBh, paid J. A.
Kennedy, chairman Fire
works Committee, $502.50;
July 11 to cash paid Fire- '
works Commlttco $4 82;
(Amt. ot appropriation, $1,
200) $ 984 50
July 2, to cash paid Col. J. W.
Jones, chairman Parado
Committee, full appropria
tion 650 00
July 2, to cash advanced for
labor 400 00
July 7, to cash paid A. K.
Murphy, chairman Decora
tion Committee, full appro
priation 250 00
July 8, to cash paid W. II.
Farrlngton, chairman Lit
erary Commlttco (approxi
mate amount, $100) 84 25
July 8, to cash paid C. F.
Chllllngworth, c h a I r m an
Sports Committee (appro
priation $200) 170 00
July 16, to cash paid Marston
Campbell, for Ball Com
mittee, full appropriation.. 1,350 00
July 21, to balance In-Bank
of Hawaii, Ltd 978 85
CHAS. M. COOKE.
Chairman Finance Committee.
E. & O. E.
Honolulu, July 24, 1902.
Tho regular semi-annual meeting of
the trustees of tho Queen's Hospital
took placo this forenoon. Tho reports
of tho superintendent and the attend
ing physicians and surgeon, wero sub
mitted. Officers for the ensuing year
wero elected as follows: II. Water
house, treasurer; Geo. V. Smith, sec
retary, and M. P. Robinson, auditor,
Executlvo committee: F. A. Schnefcr,
A. 8. Cleghorn, E. F. Bishop, F. J.
Lowrcy und Mr. Smith. Tin; following
were elected as the medical staff: at
tending surgeons. Dr. C. B. Wood and
1)1. E. C. Waterhouse; attending phy
sicians. Dr. C. B. Cooper and Dr. W. II.
Mays; resident physician, Dr. R. O.
Prlmo and Rainier beer 10 cents a
glass at the Pantheon.
icricei- , '- : v
s- -ir'. )' i- "-y
INDICATIONS GIVE PROMISE
OF MERCHANTS' BIG FAIR
1 p. m. Saturday Races at Kaplo
lanl Parle, Territorial Band In -attend-anco.
8 p. m. Saturday Merchants' Fair
opens; band In attendance.
9 a. m. to 10 p. m. Monday and Tues
day Merchants' Fair open.
12 noon Monday Agricultural Fair
opens, continuing .Monday nnu lues-
2 p. m. Monday H. A. C. vs. All-
Maul, Oahu College campus.
2 p. m. Tuesday All-Honolulu vs.
Ml-Maut, Oahu College campus.
From tho present indications, the
first combination Merchants' and Agrl
cultural Fair will be a fitting starter
for greater things In the future.! Mer
chants of tho city and planters and
small farmers from all over tho 1st
ands hav o come forward with "ono Im
pulse and bavo put their shoulders to
the wheel with a determination to
make tho plan of the Merchants" Asso
ciation and the Bureau of Agriculture a
Tho real beginning of tho Mer
chants' week aro tho races now In
progress at Kapiolanl fark and which
were scheduled to begin at 1 o'clock.
From a glanco at tho program already
published In this paper. It can bo seen
that all tho events will be of great in
terest. The Fair proper will be opened to
tho public at 8 o'clock tonight, and
when tho doors aro thrown wide thero
will bo disclosed a sight which will
causo all to wonder.
At 7:30 o'clock, tbo band will begin
a concert In a marquee on tho Miller
street sldo of the parado grounds and
HELD LAST NIGHT IN
RESOLUTION IN SEVENTH OF
FIFTH PLEDGES NOMINEES TO
COUNTY AND MUNICIPAL
Theio were promises even as tho
day waned yesterday that a factional
fight would be In progress In at least
the larger precincts of tho Fourth nnd
Fifth districts when the llcpubllcans
gathered at their various
places, but those wno were looking for
excitement wero doomed to sad dis-
appointment for there wero no politt-
cal contests Indulged In. Even In the
Second Precinct of tho Fourth und the
Seventh ot the Fifth, simmered down
to mere 1 online work and let tbo thing
go at that.
Tho meeting in tho Second Precinct
of the Fourth was ono of tho largest
and most harmonious ever held In
what has often been termed tho "fight
ing second." Mr. Craig ot tho execu
tlvo commltteo made a preliminary
statement in which he dwelt upon tho
Inability to get workers for tho can
vass, also tho shortago ot funds. Ha
then told of a caucus held by so-called
factional Interests with the executive
commltteo at which nominations for
the District commltteo and Territorial
convention wero made. The nomina
tions ho presented as the executlvo
committee ticket making it clear that
thero was no desire to Bhut out others.
Following Mr. Craig's remarks nomi
nations camo so thick and fast as to
assure a lively and friendly contest at '
the primaries. After all nominations'
desired had been made a discussion of
the form of tho ballot was tulked of at """""" " ,"'"Uh'" ,'"' "' "" " 1 that he had to surreiuUir this p'.ri
length. The only action taken by ,b.'? ' " jc-Urn because of the poll.es
emu was to require all ballots to be,,
printed on white paper and of uniform 1
size. Regulations for tho balloting
were left to the executlvo committee.
As McClcllan and Wilson, previously
elected Judges ot election, had been
nominated on the primary ticket for
convention and committee, they resign
ed their offices. Win. Karratl and John
F. Soper were elected to All the va
cancies. In tho Fifth of tho Fourth, tho meet
ing lasted -iot longer than teu minutes.
Theio wero about thirty in attend
ance, At this meeting, a resolution
Vrnu nilntifnil liv itinniia nt utilh nil
" M-.w,'tvU M ...vu w, .....v. M.. ,
ballots to be used at tho precinct elec
tion on August 2 Will bo on white paper
of uniform size.
In tho Seventh of the Fifth, E. C.
Winston expressed it as his opinion
that a committee from both ''factions '
should preparo a ticket for tho primary.
On the opposition of T. McCants Stew
art to this proposition. It wes voted to
make nominations from tho floor In
open meeting, according to the usual
method of procedure.
Mr Stewart was nominated and re
ceived soveral complimentary speeches
on his work as committeeman from Dr.
Hliddy and Missrs. Mahelona, Clark,
Zablau, Sims, Lloyd 'and others and
music will be furnished throughout the
Until midnight last night, all morn
ing and Into the afternoon, men have
been hard at work getting exhibits In
to place and arranging the" decora
tlons. By tho time tho pavilion doors
aro thrown open to tho public tonight,
every exhibit will bo In place.
Something must be said ot the dec
orations. In every Instance they aro
most artlBttc and tho Interior of the given to such prominent exhibitors as
building taken as a whole, Is most'F. Buchholtz of Komi. Tho Wahlawa
pleasing to the eyo, notwithstanding colony people will havo a great varlo
tbo vast array of different colors. ty of most excellent things.
Tho Merchants' Association has ar- Such exhibits as those, of tho Ho
ranged a special placo for itself Just bron Drug Co. (Tarocna), May & Co.
between the two entrances on Hotel J (Janis), Benson, Smith & Co. (per
street. Hero thero will bo someone fumes), will be Included In the cxhlb
from the Association on duty during It of tho Bureau of Agriculture, these
tho Fair hours In order that visitors being' purely local products.
wishing Information may obtain tbo
These headquarters havo been deco
rated with greens and photographs
and form one of tho most attractive
Bpots In the pavilion.
Tho three carriage pavilions In tho
center of (be building will undoubtedly
provo most Interesting to visitors.
They arc truly handsome lu every re
Members of the Builders' and Trad-.
era Exchange havo eltfiVpaccs on thu
Walklkl sldo and from tho Lowers &
Cooko exhibit at tho extremo makal to
tho display of Cashman & Nelson
mauka, everything Is bright and at
tractive. Thero Is not ono dead spot
in tho whole row.
Special mention should be made of
tbo display ot tho Hawaiian Electric
Co. which will show tbe.peoplo tonight
something in the way ot electric Ore
works. there was general Insistence that ne
enter tho primaries but ho said he bad
publicly declared that he vTJiiid not
be n candidate and he must keep his
Mr. Stewart offered the following
resolution which was carried without
a dissenting vote: r
Resolved, That wo heartily favor Im-
mediate, county nnd municipal govern
ment, nnd we hereby direct the dele -
gates from this precinct to work nnd
.vie ifi-iui-i iui u jmuiuiui umi cull
OltlatcH to promote tho same.
E. C. Winston. Dr. Huddy and Ku
lama thought the lesolutlon picmu
turo. It was supported fiy Messrs.
Sims and Clark.
Tho steamer Klnali arrlied In port" Journrai,"t of Congres., for u short va
this noon with n lnrge pastcnger list clUlo ' "10 I'aradlsa of tho Pacific,
I and tho following freight: 3 bags pota-
toes. 44 pigs and 271 pacakges sundries.
A number of exhibits of various kinds'
wore brought by tho steamer." Tho
Claudlne's freight ulso included nu- j
merous exhibits from liana, Kahuliil !
Tho following sugar Is icported left
at Hawaii ports ready for shipment:
Olaa, 5460; Wulakca, 1400; Hawaii
Mill, none; Waluaku, 1 0,500; Onomea,
15,000; Pcpcekco, 2500; Honomu, 4700;
Hakalau, 20,000; Laupahochoe, 5000;
Ookala, 800; Kukalau, 3000; Haraakua,
350; Paauhau, none; Honokaa, none;
Kukulliacle, none; Punaliiu, 1500; Ho
Costcllo, Ilooncy and McGowan. the
three hnckmen who forfeited ball in
tho Pollco Court tho other day, were
re-arrested yesterday and appeared be
fore Judgo Wilcox this forenoon on the
charge of affray, llooney and McGow
an pleaded guilty and wero fined $10
and costs, while Costcllo fought his
case. Ho, too, was found guilty and
wa ". to pay tho Htno fine.
last, and waB committed to the Circuit
7" " "" --"-- """", " .,
Court for. trial.
THE JULY PARADISE.
Wm. M. Lungton has Issued the fir fat
number of tho Paradise ot the Pacific
since he has become solo proprietor
of tho periodical and plant, Its con
tents aro both interesting and valu
able, comprising not only Information
but suggestions of practical usefulness
to tho community. There aro many
halftono Illustrations ot Hawaiian
scenery which, as well as the letter
press, are executed in the highest style
of tho printing art. The Paradise Is a
live magazine and the public may de
pend on the fulfillment of Its owner's
promise to still further Improto It.
' m -
Tho bark C. D. Brynnt, Captain Col
ly, arrived off port last night at about
7 o'clock, after a passage of thirteen
days from San Francisco. 8I10 camo
Into tho tiarbpr early this morning, and
docked' nt thor rnllrdad wharf. Sho
brings a cargo of general merchan
dise. I Tho placo to get pure Kona coffee Is
at C. J. Day's grocery.
Tho Bcrgstrom Music Co. Is among
tho exhibitors and has Installed ono of
its finest pianolas which will bo run
during the Intermissions ot the band
Comlne to the ncrlcultural exhibit, tt
must ba said that tho Claudlne, Ktnau
und Manna Loa have brought such a
largo amount of matter that tho Agrt
cultural Bureau has been compelled to
romprcss its agricultural cxniutt,
Some of tho best spaces havo been
Ono ot tho most Interesting oxhtblts
will be that ot tho Katnchameha
Schools. Tho wholo stage front will
bn decorated to this and tho verv best
'products of tho Kamehameba farm as
Iwell as other products ot tho Industry
of Kamehameha students will bo dU'
A gratifying featuro of tho Agrlcul
tural Fair has been tho hearty re
sponse of Hawaiian farmers who havo
sent a large quantity of matter to be
exhibited, Prominent among the ar
ticles .aro specimens of tho different
kinds of taro.
Thero will be over a dozen varieties
of sugar cano on show. Some of the
specimens already received border onl
On account of tho largo number ot
exhibits to bo put In placo and thq lato
hour of arrival ot Island steamers. It
will not bo possible to open tho Agri
cultural Fair until Monday.
DELEGATE FLYNN OF
JUDGE LTTLE CONVERTED
TO TRUST THE HAWAIIANS.
OFFICE OF DELEGATE
Hllo, July 25. Delegate n. I'lynn of
Oklahoma is in the city having conm
direct from Washington on the ad-
with wlilif ho Is enchanted Ho c.une
to Hllo from Honolulu to visit Judge
Little with whom lie fraternized and
labored In behalf of constituents In a
common cause. Mr. Flynn is traveling
in whirlwind style. Yesterday ho went
to the olruno House with Mr. James
In his automobile and returns by to
day's Klnau. From Honolulu ho goes
direct to Oyster Bay nt the Invitation
of President Roosevelt. After a con
ference with the Chief Magistrate, Mr.
Flynn will Join his family at Atlantic
City and with them go Into summer re
treat at some of tho northern lakes.
Though a Territorial Delegate and
without a vote In Congress, Mr. Flynn
is one of tho acknowledged powers In
the.lowcr house and with the coming
of statehood to tho commonwealth of
Oklahoma, the people of thi)t mush
room emplro will without question pro
mote him to the United Stati-3 Senate
Mr. Flynn has been Oklahoma's Dele
gate for ten years. He Is a member ot
the commlttco that looked after llawa
Halt affairs during tho consldcrition of
the Organic Act and annexation. In
the outset he was frankly opposed to
granting the Hawaiian tho right ot
franchise but grace. ully u'knonlcdged
und peulstent argument of Gllhcrt F
Little. 1-.ii was In Wniliingtau that
"Slnco coming to Hawaii I have rea
son to thank Judge Little for putting
me right as to the character nnd quali
fications of the Hawaiian people. I am
delighted with them ns with their
beautiful country." When quettloncd
as to the object of his visit. Mr, Flynn
said: "I am hero In no ofllclil capacity
whatever; I came for a rcit. rai over
to Hilt) to call on my old friend Judgo
Little. I am delighted with this coun
try and I want to tell yo.t thM tho
peoplo of America havo a growing
fondness for Hawaii and tho Hawaiian
people. They aro sick nnd tlied-of tho
Cubans and Porto Itlcans and liuve lit
tle 'aloha' as you call It, for the rill
ptnos, but toward Hawaii there Is ntn
altogether different sentiment In Am
erica. And this I bollcvo will work
for Hawaii's good both politically and
financially. I consider Hawaii to bo
tho Niagara Falls of tho Pacific as an
attraction for tourists. It will bo a
Mecca for American travelers and tho
peoplo hero should encourage Hie tour
"About politics, I know llttlo of your
local matters. I was surprised, how-
over, in 'Honolulu, to notlco that Wil-
A STROKE I IK
Dunn, one ot the conductors ot the
Itapld Transit Company, who has
charge of a car running out Punahou '
way, has had a stroke of good fortune,
tulitfiti malna lifm a to,, Inilnnnndiinl
By tho last steamer. Dunn received ,
news from his home in Illinois that h
had been left a fortune of $21,000 by:
his grandfather, who died recently. 1
Upon the receipt of this news, Dunn I
Inrnrmml thn Tlnnlit Trnnnlt Hnmnnnv '
and gave them until tho end of the
month to get someone to work In Ms
place, In the meantime, he Is still col
lecting lares along his route and at
tending to business In the same old
Dunn is a very steady, hard-working
man. a candy-maker by trade. For a
long time past he has been working for
three hours every night In a local es
tablishment putting up sweetmeats for
tho public and thus adding materially
to his weekly stipend. Ills many
friends are very glad of tho stroke ot
good fortune that has como to blm, for
they feci that ho deserves It. --
The Crane brothers and a couplo of
others living in their house on Maklkl
street, below Wilder avenue, had a
little oxcttcment at about 12:30 o'clock
Tho two fox terriers belonging to tho
Cranes mado a great row at about tho
time mentioned and woke up the whole
household. The Crano brothers got up
and. looking out, saw by tho feeble
rays of tho moon, thnt two ruffianly-
InnUtnir uhttn mnti worn nn thi tirnm.
Ises. They wero doing their very best
to quiet tho dogs.
Tho household was alarmed nnd cv
cry man turned "Out. Tho prowlers
heard the nolso and took to their heels,
Henry and James Crano in pursuit. Un
fortunately, the men had too much of
a start and wero soon out ot Bight.
cox Is claiming the credit ot securing
tho franchlso for tho Hawallans. The
credit for this and, and I consider It a
great credit, belongs to atlbert F. Little-.
No other view Is held In circles
where the history of tho formation ot
Hawaii's Organic Act Is at all known.
As I said, I was at first openly hostile
to the scheme. It was Little who won
mo and since seeing tho Hawallans 1
am more than ever convinced that his
Judgment was right.
"As to Devlgatcs In Congress thero
is a growing sentiment at Washington
against haing the Territories repre
sented at all, There Is Cuba and Porto
Rico and the Philippines. Frankly they
arc a source of much dread. Some day
they will all be clamoring for delegates.
Oklahoma. New Mexico and Arizona
will soon bo States. Alaska Is with
out 11 dclpgate, Porto Rico has merely
a commissioner. While- I do not pre
dict It, 1 would not bo surprised If
Hawaii's Delegate wero taken from her.
This Is more likely to bo done than that
there shall be admitted a corps of Con
gressional delegates from all our isl
ands of the seas." Tribune.
A rumor was current on tho water
front today that the steamer Maul,
which left port for Honomu. had touch
ed a rock somewhere. The rumor wn
very Indefinite in Its naturo and ap
pears to be tho malicious fabric of sonid
mischief-maker as the officials of the
company havo heard nothing about It
Admiral Becklcy of the Klnau which
arrived this noon, also stated that ha
had heard nothing of the kind.
Horses galore, mules, for sale. Aw
ful cheap. W. S. Withers, automobllo
stables, King street.
Wells, Fargo & Go. Express
TEU MAIN IM.
Masonic Temple, with Amerlojn
Queenly in shape and fin
ish, they aro the dalntlct
and prettiest slipper of tho
season. Mado ot Ideal Kid,
with slide buckle and ribbon
bow and set on tho graceful
Price4 $5.00 "
1057 FORT STREET
. , . , ,
I rrjnQparj UeCISIOil DV
Judge Estee This
SALARY ORDERED PAII
REVIEW OF LAW ON 8UDJECT.
COMMON LAW OF THE SEA
Judge Estee this morning rendered
a decision In the admiralty case ot W.
frVHolland vs. steamship Hclene, re
spondent, and Wllder's ateamshlp Co.,
Intcrvenor. It Is an emphatic declara
tion or tho United States law that tho
wages of Bcamen are exempt from at
tachment for any sort of debt. Inci
dentally the decision finds that tho
Territorial law of 1901 Is also a protec
tion of tho present complainant's
wages In Its exemption from attach
ment, execution distress and forced
salo of every nature and description,
of "the wages of every laborer or per
son working for wages, such person
being tho head of a family, to tho
amount of $200."
Tho complainant Is tho engineer of
,u,c1 -"-"-""i' '""""'' """
IWlldcr's Steamship Co. and plying be
r. tween Islands of tho Hawaiian group.
ric Is In receipt of a salary of $60 a
month. During his absenco on ono of
his Intcr-lsland trips, on June 28,
1902, one Ycc En Keo commenced an
action against him before District
Magistrate Lyle A. Dickey for an al
leged Indebtedness of $16.10, with gar
nishment against tho company employ
ing htm, and on July 7 a Judgment' was
rendered against Wilder s Steamship
Co. In the sum of $46.10, which Judg
ment still remains unpaid. It Is found
that Holland waB not personally serv
ed In that action. Tho company refus
ed to pay Holland his wagCB for June,
considering Itself bound not to do 10
under tho garnishment proceedings.
Whereupon ho applied to tho United
States District Court for an order to
show cause, dlrccterl to the captain ot
the Hclene, why process should not Is
sue for the payment ot his wages, tho
complainant relying upon section 454U
of tho Revised Statutes of tho United
States, which says:
"Whenever tho wages of any seaman
arc not paid within ten days ot tho
tlmo when tho samo ought to havo
been paid according to tho provisions
of this title, or any dispute arises be
tween tho master und seamen touching
wages, tho District Judge for tho Judi
cial district where the vessel Is,
mny summon tho master of such
vessel to appear beforo him to show
why process should not Issue against
bucIi vosscl, her tackle, apparel and
furniture according to tho course of ad
miralty courts to answer for tho
An order to show causo was accord
ingly directed to Donald F. Nicholson,
master of the Heleno, and to that ves
sel, whereupon Wllder's Steamship Co.
Intervened with an admission of all the
facts abovo stated, setting up tho gar
nishment process as causo, but at tho
same time depositing $60 In court and
submitting tho wholo question to tho
court's Jurisdiction. It was further ad
mitted that tho complainant was head
of a family, earning wages less than
$200 a month. Tho question resolved
Itself Into law alone.
Judgo Estee gives an Interesting re
view of laws bearing upon the case.
(Continued on Pago 8.)
Shoe Co., Ltd. J