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From San Francisco:
Nippon Maru ..Aug. 24
For San Francisco:
Mnnchurn ..Aug. 21
Mnhura Sept. 1?
Aiming! Sept. in
VOL. XI. NO. 4393.
EEVEBLEY. Mass., Aug;. 20.
President Taft and Attorney Gener
al Wickersham are in conference
here tliscutsinir a plan by which it
will be possible to centralize the
control of the corporations doing an
INDIANAPOLIS. Ind Ausr. 20.
ZeiiRel, the famous auto driver,
made ten miles with a track auto
mobile in cii?ht minutes twenty
three and two-tenth seconds.
Go Over Trestle
To Their Death
SEATTLE. Wash., Aug. 29. An
automobile went over a trestle here
today. Four women occupants and
the chauffeur were drowned.
To Burn Works
ItcKEES ROCK, Pa., Aug. 20.
The striken at the steel car works
made an attempt to burn the car
works. They are in a very ugly
Suokane. Wash., Aug. 20. A for
est fire is rcgintr in the Coeur
D'AJene region. The damage al
ready done in the forests amounts
to fully two millions of dollars.
C. M. COOKE IS
1 BEITER TODAY
J Just before going I" press today,
Mr. Charles M. Cooke, who estordRy
Buffeted ii slioke of paralysis, w:ih re
ported to lie ery much Improved since
' A. V. Cno!o staled thin niutnlng that
Ms lirotlier Is In n serious condition,
hut If he lived through the duy thero
would he hopes for continued Improve
ment. Ho stales Hint Mr. Cooko la
helpless on Ills left side nnd l nn
nble to speak, nlthougli It Is thought
ho understands what Is said to him.
Owing to ills weakened condition hu
cannot use. his right hand na In the
last few weeks to write.
The stockholders of the Chue.
Ilrexser Kstato held a meeting thls
fomioon and It Is practically settled I
that the (leal with tho lllshop Estato I
tor the lease of tlui pioperty now n
tupled hy the Bulletin will hu car-
lied through and n now building put
The I'rutcnt lenso runs out the mid- on King street and a large three-story
ilh of next year, after which tho Ilrew- -warehouse In the rear for t"he use of
ir Estato will put up a now building H. May & Co.
0. R. AND L SUITS ,
Over four years of litigation be
tween I.. I.. McCaudless and tho
Oaliu Hallway & Land Company has
been brought to nn end by tho suc
cessful conclusion of compromise ne
gotiations conducted through tho
firm of Kinney, Itallou," Prosser it
Through the reaching of an agree
ment between tho contending par-'
ties, discontinuances will bo filed in
all of tho five suits that are now
upon tho calendars of the Circuit
Courts, tho Injunction suit of the
Oaliu Hallway & Land Company
against James Armstrong nnd L. L.
McCnndlcss now pending befnro
before Judgo Robinson being one of
Lead in style, materials
and workmanship. This
is no idle statement.
Come in and see our
Summer and Fall styles
and you will agree
with our claims.
The Kash Co.,
Cor. Fort and Hotel
10 PAGES. HONOLULU. TERRITORY OF HAWAII, FRIDAY, AUGUST 20. 1909. 10 PAGES.
Trying To Make Deal
With Schwerin To ;
PUN FOR LOCAL STATION
TO DEAL WITH HIS SHIPS
That the United Wireless Com-
, pany Intends tr)lng to nrenic into
the Istuml trade is evidenced by the
offer of the. company recently made
'on tho Mainland to K. P. Schwerlu,
manager of the Pacific Mall Steam
ship Company. Tho United want to
iqulp the Pacific Mull vessels with
wireless apparatus and agree to
handle all of the steamship com
pany messages free of charge. They
will also equip an apparatus on the
(Continued on Page it)
SAN FRANCISCO, Aug. 20. Su-
ear 88 analysis beets, lit 71-2d.
Parity, 4.48 cents. Previous quo
tation. Hi Go".
the cases that will be dropped.
Attorney M. V. Prosser, who has
had charge of the compromise nego
tiations, states that the terms of
settlement have not been fully
ngiecd up-.ui ns yet, but that there
Is little doubt that It will be possi
ble to file discontinuances In all of
The injunction action In which of which Is appioxlmatcly J2.500,
!he Oahu Railway & Land Company 000. Hutchclor has been appointed
Is the plaintiff arose over the con- master, and It will rcqulie weeks of
structlon of a dam on Lehua avenue, work to check tho voluminous nc-
It being stated that tho water Ini- counts of the estate before the re
pounded rose to such a height that quired mastei's report can be ren
It flooded the tracks of tho corpora- deicd.
tion. M. T, Slmonton, clerk In Judge
The other cases thnt will como Robinson's department of the Circuit
within the terms of settlement are Court, Ib putting tho finishing touch
the Oahu Railway & Land Company cs on his report ns master In tho es
ogalnst h. L. McCandlCBa In an ac- tate of the lute August Dreter, val
tlon to qulot title; L. L. McCandlesa ued nt about SGOO.000. The prep
against the Oahu Railway & Land nratlon of the report required-eever-Company
In tho court of land regis- nl weeks of work. Tho fees for mas-
trntlon and two actions by Mr.
McCandlesa against the railroad
company on actions to quiet title.
The settlement of the suits has
been arrived nt on a basis of mutual
THAT YOU MAKE A
CONSULT OUR TRUST DEPART
MENT. DELAYS ARE DANOER
OUS. Trust Department
Bulletin Advertising inspires
Are In Annual Session;
W. T. Eot i Will Be
i 55. K. Mers. president William Wil
liamson, lcu president and Albert V.
This la" the slatij of the new officers
for election by the, Honolulu Slock Ex-
ZCNO K. MYERS
President 'Honolulu Stock and
change- thls-'afterniion. Tho success
ful candidate for Tiensuror Is In
.The application of W. T. Roth as n
member will be placed on file to be
acted on within flo days. Mr. Koth
has the support of most of the mom- i
hers and Is considered a good addition
,to the brokerage business. The annual
dinner li also up for discussion, and
tho yearly tomtits of officers will be
OF BIG ESTATES,G,ad To Fln? Hlmself
Job llatthelor, clerk In Judge Do
Holt's department of tho Circuit
Court, has begun work on tho twen
tieth annual iicc-jmiIs of the cstnto j
of llernlcc Pauahi lllshop, tho vnluo
tors work In Hawaii are much lower WOrked hard to get for the Japanese
than tho rnto of pnyment for similar laborers higher wages. I shall coi
sorvlces on tho mainland. Itnlnly tako nn nppeal In the matter."
Blll.tCT'N ADR PAV
DID YOU FORGET t
Our Next Fruit Boat will be th
LUE1INE, AUG. 30. .
Fruit at its best now.
Island Fruit Co.,
EXPERT FRUIT SHIPPERS.
With Rood service and exceotional
cooking are to be had at the PALM.
Hotel near Union.
' Reaches all parts of the city, Care
ful drivers, rrt-mpt service.
confidence in the people
Statute Allows Alleged Insane
Person Full Opportunity of Defense
The Insanity luw passed by tho U'K
Islsttirc of li09 Is constitutional and
Dr. John Atcherley Is not entitled to
an appeal to tho Circuit Court from
tho decision of Dlstllct Magistrate Au
drade, holding that he Is an Insane
person and ordering him Into the cus
tody of Superintendent Peterson of
the Insani) us)luni.
This opinion of tho Supreme Court
was handed 'down this morning, writ
ten by Associate Justice Perry. Tho
opinion holds that since the enact
ment of Act 149 of the Session Laws
of 1909 no appeal lies to a Circuit
Cotut from tho decision of a District
MagUtruto adjudging a person to bo
Insane, It also holds that the creation
of the lloaid of Insanity Commission
ers Is not in violation of section 81 of
the Organic Act. The Supremo Court
also holds that tho procedure pre
scribed In the act relating to the exam
ination and committal of lerions al
leged to be insane provides tho due
process of law within the meaning of
tho constitutional requirements,
The opinion of tho Suprome Court of
tho Tenltory. vindicating tho consti
tutionality of the Insanity law, Is rend
ered In connection with tho appeal
from the Judgment of District Mugls-
trate Andrado holding Atcherley to be I
Insane, the physician demandlng'n
"lloss" Maklno of the Higher Wago
Association Is surprised to find that
thu Jur tetiirned a verdict of "guilty"
In tho conspiracy case. He thought
that tho Jury would not be able to ar
rive at a verdict.
"1 am sorry that tho Jury returned
a verdict of guilty against us, thu de
' fondants. In the conspiracy esse,'; tfcld
Maklno. "Hut on tho other hand 1 am
glad that I am Included among, tho
convicted. I certainly would bavo
been sorry to find myself acquitted
whllo my companions wcro found
"1 am satisfied that I am convicted
together with mv coiiirianlons. who
I Editor Soga stated that he would
take nn appeal to the Suprome Court
.of the Territory, and If necessary, the
case will bo pressed to bo Supreme
Court of tho Untied States.
Owing to a typographtcaKfrror the
word "haio-bralned" 'In" Mf.Denlng's
communication of Thursday was
i pellcd "hair-brained." Thla'pcrpetra'
linn nn Mr ripnlllir la hinnt sArlix.
'than would appear to iho average read
ier as Mr. Denlng Is a profossor of lit
craturo and his friends would be
I shocked at tho thought of any such
break coming from his pen.
who buy things
LAW IS HELD VALID
Declares That New
Jury trial before Judge Itoblnson. A
motion was made by Attorney Harri
son for Atcherley that the case bu set
for trial and u motion was made by
tho Territory and the county that tho
appeal he dismissed oil the ground of
u lack of Juilsdlctlon. Judge Itoblu-
ton then rererved for the considera
tion of the Supremo Court the follow
"Has the Circuit Court power nnd Is
It Its duty to set down for trial before
a Juiy the matters nnd things at Ibsuh
Uon said appeal taken from said tlecl
lion Judgment and order of commit
ment of said district magistrate "
I The recoml question reserved for
tho Supremo Court wus: "Has
Circuit Court Jurisdiction under the
luw of an appeal from n decision,
judgment and order of commitment
made by n District Magistrate finding
a permn to bu Insane and that Hit pub
lic safety requires his restraint .'"!
committing him to thu Insane asy
In tho course of the opinion the Su
prome Court says:" "
"It Is true that Act HO does not In
terms repeal or declare Inapplicable
the statutes which In 19 Hawaiian,
346, wore held to gla an alleged In
sane person the right of appeal to the
RHEIMS. France. Autr. 20.
Twenty flyinir machines are assem
bled here ready to take part in the
races and flights programed for Avi
Tho Mutual Telcphono Company Is
now In full control of the old Wire
less Company, having recently trans
ferred 100,000 shares of telephone
stock for that of the former com
pany. This will bo distributed pro
lata among the wireless stockhold
ers, and their next step will proba-
lllv Iia in fllulnpfiriinrntn Tha tnnn
agement of the wireless branch will
temuln tho same, Mr. Ualch nt Its
head, as he has proved a very elll-.
dent man In the work.
A divorce was grontcd this morn
ing to T. Tnkeoka from K. Takcoka,
thu grounds alleged being cruelty.
You may be Comfortable and not Happy, but you
cannot be perfectly Happy unless you are Comfortable.
Dress your feet in a pair of our
White Canvas Blucher
And that will go a lonp; way toward making you happy,
They are cool and easy.
Manufacturers' Shoe Co., Ltd.,
A phone menace tent in to 256
with a resauest that vour want ad
ihall be inserted, will eet for von
anything within reason for one cent
PRICE 8 CENTS.
Circuit Court, hut by necessary Imp!)
cation the act contains such lupeul
.111 llfVlrtlllllUll 11UII IIS lUtl 1I1U 411 '
shows that It was clearly Intended to
make complete provision in the mat
I ter of cummltlnl and discharge of pur
Mins to and from the asylum. The
Act Itself provides that Uhiii complaint
by certain described persons any per
tun believed to be Insane may bo nr
tested mid taken liefoie a District
.Magistrate or a Circuit JihIru -iiud
that If the Judgment bo that the
person Is insane and that It would b
unsafe to allow him to be at large
the Magistrate or Judge shall Issue i
commitment directing the superlnten-
dent of the as)! nm to detain the per
son until he Incomes sane or Is die
churned ns In the Act prolded. The
Act then specifically declnres that tho
allegtd Insane person may appeal to
certain commissioners whose appoint
ment Is likewise provided for, by com
plying wllh certain stated formalities.'
The opinion I hen states that follow
ing the ordinary rule In matters of con
struction the enumeration of tho one
right of npjH'il must he regarded ns
thowing uri Intention to exclude any
other right of appeal
"Tim lanmugu of the Art leaves no
room for the supKisltlon Hint the l.eg
lilature Intended to lenve, It optional
with the alleged person to appeal elth.
I to the Circuit Court or the coinml
.loners of lusanlt), hut on tho con
ti.uy negative any suh Intention,
a tho Supreme Court
As a consequence of tho decision tin
Atcherley enso will now conio before
tho Hoard of Insanity Commlssloneis
whoso Judgment will ho final
Circuit Judge V I., Whitney sat on
the Supremo bench In thu nl-svnco of
Chief Justice llartwell.
HALL ESTATE TAX
MUST BE PAID
Supreme Court Rules
The Mary Dumo Hall estato will
have to pay an Inheritance la to tho
Teirltory of Hawaii, the Supreme
Court bunding down nn opinion Dili
morning holding that under tho In
lierltnjico tax statute shares of stock
In domestic corporations, owned by a
person d)lng abroad arc property wltl
!n thu Territory of llnwiilt and subject
to the prmlslons of Hie Act.
Tho tet of tho opinion Is as f')l
"Mary Damo Hall died testate In
New Jersey leaving n largo amount ol
property. Her will haWiig been ad
mitted to probate In that statu letters
of ancillary administration with the
I will annexed wero granted to S
Damon by a Circuit Judge of the Flr.il
Circuit to administer upon a certnlu
amount of cash In this Territory and
hhares of stock In n number of do.
mestlc coiporntlons, upon the transfer
of which property under tho will an In- .
(Continued on Page 4)
I? ,1 BB
TERRITORIAL MESSENGER SER
) 9. H4t
Hollister Drug Co.
fliftMrvntarinii ro (WML.
1051 Fort St.
. -fci-j--'iiiWif 'i -" " -' t-.