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Hongkong Jlaru Nov. 23
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Moana Dec. 12
Makurn Dec. 8
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VOL. X. No. 4160.
8 PAGES. HONOLULU, TERRITORY OF HAWAI, TUESDAY, NOVEMBER 17, 1908. 8 PAGES.
PRICE 5 CENTS.
MAKIKI RESIDENTS WIN FIRST ROUND
Mundon's Big Damage
Suit Is Compromised
Clcorge Mtimlon of I'unn, Hawaii,
who Lamp down licro In tlio Intercut
ir Ills big dumagu milt ngalnst the
Mahogany Lumber Company, sailed
In the Manna Kea today after liav
Ing tnnipiomlscd the matter.
"The settlement In the big damage
Eiilt which 1 himight ngnlnst the.
Mahogany Lumber Company, " Haiti
Mnnilon hefoie the Manna Kea Bull
ed, "has lie'eu made, satisfactorily to
l.oth paitles. I am satisfied with my
When naked how much ho got out
Against His Judgment
"I am going to sustain the ortll
nance,' very much against my own
judgment 1 do this because 1 think
It Is to the best Intel est of nil con-'
cerncd to have the question passed
on by the highest court of the- Tor-1
i Itory." I
yrfi this manlier. Judge Andrado
"'iiifu"ijtrnlng gave his decision in the
ease of M, Murnnnka, the Japanese
who is charged with having violated
the new ordinance, providing against
the erection of tenements and lodg
ing houses within flvo hundred feet
of n public school. The case In-1
vilves tho building of tho new
"camp" on the corner of Pilkol and
Klnnu streets, and litis created a
gient deal of Interest among tho res
idents of tho Maklkl section, as well
as in the Japanese community In
As can bo seen fiom the text of
Judge Audi tide's decision, the Court
xtioiigly Intimates n belief that tho
oidlniince is icnlly unconstitutional,
and only rondered n pio forma Judg
ment against the defendant In order
that tho question ns to tho constitu
tionality of the ordinance might bo
definitely settled by tho Supreme
Thoro have been a number of
hearings of the Murnnnkn case In
tlio Police Court, this morning's be
ing the last of a scries In which evi
dence has been taken and points of
law discussed. II. C. Peters, who ap
peared ns counsel for the defendant,
,took tho stand this morning. Uo
showed that Superintendent of Pub
lic Works Marston Campbell had Is
sued n building permit for tho struc-
Our Pajamas are light, strong, and serviceable.
And they have a comfortable feeling that people like,
We have them in all the best grades of Madras,
Flannel, Mercerized Cotton, Etc.
Our Star, Wihon Bros and Cluett Shirts, the Big
Six in Shirtdom, are the handsomest of all our Holiday'
Goods. Why not get yourself some of themt
THE KASH CO., LTD.,
of the settlement, Mundon shook his
head, and declined to answer.
"Uveiythlng Is settled to the sat
isfaction of both parties," ho repo'it
cd, ns lie smiled mid went on hoaid
I the stenmer.
The damago suit was brought or
$200,000, Mundon's clntni being bus
ed on an alleged contract made with
n former manager of the lumber com
pany for the hauling of lumber. Tills
(Contract wits not carried out, an J
J Mundon alleged that hereby he lost
tuie In question on Sept. 14, stating
that ho did so only after lid had
done nil In his power to get jut of
doing so. The ordinance hud been
passed Sept. 28, but the building had
nC that date been In course of con
struction for two or three days, and
tho contract for its erection. In
volving 393G0, had been entered in
to. Fire Chief Thurston Identified his
slgnnturo on the document ns af
fixed on Sept. 11, whereupon tho de
fense rested Its case.
Deputy County Attorney Mllver
ton,, who conducted tho enso of, tho
prosecution, argued briefly that as
simply questions of law wcrolnvolv
cd, it would bo welt to pass tho mat
ter up to n higher court, as woll as
tho question ns to whether tho ordi
nance wero constitutional or not.
l'etcis said that In this case tho
prosecution had fairly nmnuntcd to
persecution, and ho minted to know
whether the court would deildo tho
enso or wished to puss the buck up to
the Supremo Court. Tho ordinance,
ho hold, discriminated between lodg
ing house and tenemont keepers us
against hotel keepers, and was there
fore unconstitutional. Furthermore,
It had been held by tho Supremo
Court that the County had no power
to legislate. In Territorial mutters,
and the County hud nothing what
ever to do with tho Territorial
"All' the prosecution ts trying to
do," ho onded, "Is to please and ap
peaso tho people In Muklkl, and this
in spite of the fact that tho defond-
(Continued on Page 2)
ONE OF HARRISON'S
Lawyer Declares He Does
Some of the troubles of T. Milncr
Ilnnlson, the attorney, were ended j
In the Pollcu Court this morning, i
The rest will come up tomorrow for
adjustment. Harrison appeared on
two chin ges, one of malicious Injury
and tho other of threatening, the
Idea being in tho latter case to hae
him placed under bond to keep tho
Deputy County Attorney Mllver
ton entered a nolle prosequi in tho
first case, stating that tho complain
ants had no desire to prosecute. It
is understood thnt Hurrlson has
made full reparation for the damage '
which ho Is alleged to have caused
on his memorable night of excite
ment. In regard to tho other caso Mil
verton said that ho understood that
Hurrlson was willing to furnish n
bond voluntarily. Judge Andrado
stated that he could fix no such
bond without somo showing having
been made through an examination.
Ho asked Harrison If ho were will
ing to admit tho allegations mado
against him, but the attorney said
that ho did not wunt anything of
this kind to appear in tho court rec
ords. "Will you voluntarily say that an
offense may be committed?" asked
the Court. "I can then fix a bond.
I can tnko no oluntary bond.'
"I cannot admit that," answered
Harrison. "I do not Intend to com-
ililt any offense,"
''The application of tho 'complain
ant Is sufficient showing, if Mr. Har
rison does nol dispute It," said, Mil
verton. "I do not want to hnvo anything
to do with those people," said Harri
son. "I had understood that this
mutter would be nollo prosd. also. I
wish to have It continued until to
morrow," This was done.
LEFT JAIL BUT IS
Francisco Castro, a Porto Rlcan
who, according to .the police, has Just
been reluascd from Jail, whero ho
sencd a four months' terms for as
sault and battory, was arrested today
on two separate chargea of assault
uml battery. It Is alleged that Fran
Cisco sought up some of Ills old
friends In tho Winston block, umong
them being Adella, n lady who has fig
ured In mnny.uollco affairs. A counlo
of other' Porto means arrived on tho
scone, and Francisco resented their
presence Adella tried to calm his
wrath, but in vain. Ho assaulted, so
they say, first ono and then tho other,
with tho result that ho was speedily
Falls on 26th init., and Fruit sent
to cout per s. s. Alameda, Not, 18th
will arrive just in time.
Island Fruit Co..
72 S. KINO. PHONE 15.
WE ACT as Executors of
Wills. It is our special
business, and no indi
vidual can be in a posi
tion to do it so well as we.
There is absolutely no chance of
our failing to carry out every item
as it was intended to be carried out.
let us see you about your will.
We make it out in proper form free.
023 FORT ST,
"Two squadrons of cavalry nud
somo other -ti oops will como
down here on the January trims-
port." stated, .Major Dunning,
4- commandant' nt Fori Shatter, this
morning. "Tho horses for the
. cavalry will nrrhe hero at the
same time, that Is, they will bo
brought hero Just us soon as the
transput t Olx can get iirntiud to
"In all, there v 111 be approxl-
matcl) 3500 new men here when -r
tho full amount litis nrrlwd. Who -f
will be in chntge I cannot say.
This will then. I lit'llee, bo tho
4- second largest post In the United
Stales, Fort l.ea en worth being f
Major Dunning expressed the
wish that he;' be allowed to re-
f main (here. He s.ild that u part
of the troopB over which he has
f command nt the piuseiit time
-t might bo transferred to tho Phil.
Ipplnes In the near future, al- -f
though it Is also iiosslbo that they -f
will be sent to the States.
t't t i
frear m urn
Will Draw Up Bill For
Congress On Trip
Governor l'renr leaves on tho Unit
ed States Army transport Crook for
tho Const this afternoon at G o clock.
Ho will go from San Francisco to
Washington and will return hero
nbout January first. Tho trip of tho
Governor Is nut a pleasuru vacation
by any means, for thoro will be few
moments during his absence that he
will not bo working on matters for
tho welfare of Hawaii.
Tho (Jovcmor will work out tho
proposed amendments to the and laws
of Hawi'll on tno trip up to mo uuasi.
Ho stated this morning that the Land
Advisory Hoard, which was appointed
by him, had not had tho time to draw
up tho proposed amendments, and this
work will keep him busy on tho
ocean trip. Tho amendments to tho
land laws will follow In a groat meas
ure tlio suggestions made by tho Ad
visory Laud Commission In Its re
port to tlio Governor. Howevor, tho
amendments will not bo too exhaust
ive, tin Idea of tho Governor being to
make them as short and concise as
posslblo In order that tho bill will
surely pass In Congress.
Got your lunch at the New Eusland
Bakery, Hotel street.
V BULLETIN AD8 PAY -M
Gold Tip Ideal Smoke
10 to Package 25 Ccnti.
MQGENSON'S SPECIALTY CO.,
Lot Qatot, Cat., Pacific Ceatt Agents.
If not at dealer we will tend by
mall to any addreta upon receipt of
Chairs, Rockers, and Tables
NEW LOT JUST RECEIVED.
J. Hopp & Co.,
(LEWERS & COOKE BLDQ.) '' '"
TAKES HOLD TODAY
Capt, Humphrey Formally
Turns Over Local
Capt. Charles F. Humphrey, Unit
ed States Depot Quartermaster here.
formally turned over the local depot
to his successor, Capt. Moor N. Falls,
this afternoon. Capt. Humphrey will
nol actually finish the transfer of
the property until some time next
week, but. officially, Capt. Falls Is 111
command today, though he Is not re
sponsible for any property as yet.
Capt. Humphrey, who came here
In the winter of 1906 to take charge
of the local depot, expects to leave
for the mainland on the United
States Army transport Thomas,
which Is due to leave here about De
cember 5. Capt. Falls, the new de
pot quartermaster, arrived here on
tho Sheridan and, In consequence.
Capt. Humphrey had hoped to get
awuy on the Crook. The transfer of
tho property will require too much
From here Capt. Humphrey will
go direct to Washington, D. C, via
San Francisco, having received or
ders to report for duty In the Quar
termaster General's office.
The transfer of the property, from
tho custody of Capt. Humphrey to
that of Capt. Falls, will probably be
gin tomorrow. It will -be Impossible
to do anything until afterthe Crook
sails, but things will be shoved along
Tho property to be turned over
consists largely of general quarter
master stores, and the transfer will
probably be completed by the middle
of the coming week.
The Supreme Court has denied tho
Interlocutory appcal of the Wulluku
Sugar Company. Tho enso Is tbut of
Carl Waldeycr v. tho Company.
Street Itallwty Jl-rnto' Who's the
complaint from? Stcrcl:'-y: A hu
morous chap. Ho signs himself. "A
patron of half an hour's standing."
To all parts of the city promptly and
carefully made. Expert handler! of
Drug Co., Ltd.
TRY OUR FINE
Combination Lunch and
Phone in advance for reserved tables.
Taft Will Favor Free
WASHINGTON. D. C, Nov. 17-. Edwin Atkins of Boston has asked
for a reduction of the sugar tariff a nd that Cuba be given a differential
The belief is expressed tliat Taft will favor the free importation of
sugar and tobacco from the Philip pines.
Hints That Chinese
Emperor Was Killed
PENANG, Straits Settlements, Nov. 17. Kang Yuwel, the reform
er, hints that the Chinese Emperor was killed.
Foul Play Denied
PEKIN, China, Nov. 17. The reports of the deaths of the Emperor'
and Empress Dowager being caused by foul play are discredited.
m i i i m
BERLIN, Germany, Nov. 17. Emperor William has nirreed that in
the future he will deal in State affairs through the Chancellor.
FIGHTING VENUE CHANGE
SAN FRANCISCO, Calif.. Nov. 1
for and against the proposed change of venue in the Ruef case. Prose
cutor Heney is improving.
CUSTODY OF BABY
GIRL IS AT STAKE
Mother Who Deserted Tot
Now Wants It
A dark-eyed little girl, about sov
en years of age and as pretty ns a
picture, is tlio mnln flguro In a ca&a
which Is being heard before Judge
l)e Holt In the Circuit Court todny.
Tho little girl has, apparently, nu
(Continued on Page 8)
Stands for EXCELLENCE in a
A genuine Russia Calf Blucher
Bal, made over the "Smile" Last.
It gives its owner a sense of satis
faction every time he sees it.
We guarantee this shoe to be per
7. Affidavits have been submitted
PRIZE COMPANY TO
BE SENT TO OAHU?
Report -Locates An Army
Wireless Station -Here
Ad Wren from San Francisco Indi
cate that Company "B," Signal Corps,
will be pout hero soon nftor tho first
of tho cnr. Humor has It that tho
signal company may nrrho on tho
t,anio transport as the. two squadrons
(Continued on Page 8)
Shoe Co., Ltd.
Fort and Hotel Sts,
1051 Fort Street Phone 282
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