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EVENING. DULbETIN, HONOLULU. T. It.. FniDAY. OCT. 7, 1910.
rm?&r$?':JL """Sbs-a-rnnTr-iu nrvuxrirnwD
'"SS! C!canjei and preserves your teeth.
.. Suit Gases
Cut Price necessitated by arrival
of frig shipment of Trunks on
Have no storage room, so sacrifice
' , regular selling price?.
Cor. Bethel and King Sts.
r - " '- $ if
. it the name of a. contrivance on which BUIIAO is
burned without leaving an unpleasant odor. There is just
enough mosquito poison in the fumes to send them scamp
ering. -- Seventy-Five Cents
JBerison, Smith fc Co.,
1 ( FORT AND HOTEL flTRJETS ii
. ft t, 1 V?l ftf & 0
M,t ,.'' f "yprs-rrrr
There is no preservative or
artificial coloring used in
Heinz '57' Varieties
' ' They are preserved in the
., , cane sugar, spices, vinegar,
etc., and are absolutely pure.
Your Grocer Has Thorn
WILL PLAN NEW
Hilo Mcfahanls to Advise Gov
ernment Architects of
r)lpxliil UUlHUt lYrrrs-Kindi.it'.---.)
1111.0. OU. :i. Now tli.it every
UiliiK flin lic-l' Ji.ide 'rc.uly lor tho
iuc or llio.np.uopriutlou tor tho Ke-d-e-ral
uulldliig, the Hoard of Triulo eif.
liters nro beginning to get mu li In
lores ted In tho pl.um for this ttruc
turo. 1 1 llo was without doubt ex
ceedingly fortunate In Bolting (ha
appropriation at ull, and now that It
lias it, tho business men ought to
ico to It that It Is expended to thu
l-rtnlegt udiuntugo iiobhIIjIc.
Tho question of iiropcr plans Is
an Inipaitaut one, This Is shown by
the cxporloncij of Honolulu. Tho
plans for tho Federal building for
that city showed a building without
toiuml.is, with steam heating nppa-
i .litis, on tho whole a building which
lnlglit nuiro properly bo erected In
Alntku than In tho tr-intr. Tim
J iiJli!Uoii Is now to tako steps early
' enough In the gamo to prevent llllo's
getting a slmljar prize package.
The Idea was first brought unilast
week by Architect H.'l-iKcrr.of !lio-
imluiu and II. D. Whitfield of Now
York.' Tho latte- Is thu architect
who drew the plans for tho Carncslo
' Library In Ilonoliiju, and he stated
with regard to that building that,
ctcn though ho hud somo idea of tho
. (ondltlons here, he had to modify his
, original plans considerably artcr ho
. bccinio acquainted with tho actual
conditions hero oil llrst hand. Doth
ho and Mr. Kerr advised oflKcrs of
tho Hoard of Trado that they try to
v convoy to the authorities in Wash
ington sonio Idea of what was want
ed here, beforo it 'was too late.
Secretary McK-iy of tho Hoard of
'Trado hud u talk with theso gcntld
, men, und states that tho board will
ral.o the matter up, tlio Idea being
tu ask tho Delcguto to lend his as.
"I (think it is an excellent plan
for tho Hoard of Trado to tako up
at t!j!n time tho plan for llllo's Fed
eral building." bald the Delegate.
"You don't want a building with
steam heat, for Instance, and thoro
arc many'', fej tu res which you .may
want which might not bo Included
In the plans unless jou usk.ed for
thom. , -
' "I, shall certainly b glad fo give
ctcry assistance I can in this nut
ter, but fli a proposition such as this
llio Dclugato docs not cut so very
milch of a figure. Tho authorities
want to give tho community tho kind
ofla building It wants, and. the best
w.iy Is for tho Hoard of Trado to
conimuulcuto with them direct, al
though they might also address mo.
It will bo Important for mo, when I
take up tho matter, to Bhow that I
luivo tho ' Itlzons of Hilo to bark mo
"Tho proper way to proceed would
bn to (ninnmulcuto with tho Scire-
tnry of the Treasury, although, as a
matter of fact, it Is tho first assist
ant r'rrclnry who has charge of
these 'building aftnlrs. It might be
wel In draft somo kind of a plan
shoeing whit Mud of .building ou
wanll Mr. Taylor, (lip supervising
arcltltcct, has told mo that ho Is al-
waf glad to receive suggestions from
the citizens of the cities where .Fed'
ernl (buildings aro to be located, cs
pecl.lfly us In, many Instances they
do nut seem to take,, any Interest In
tho quitter at aii, oncq they havo bow
tiirtjij their appropriation. For In
ntatiiV, I montlonod tho Incident of
tho stcam-heitlig apparatus In tho
Honolulu building to lilui, and he
said that It had crept in because, all
tho Federal buildings wcro provided
with strh. Howovcr, such things
covt money, and if they can be cut
out In tho first plate that money can
, bo spent on Eomo other feature
"On the whole I must Bay that I
think It Ib an excellent jilan (or tho
Utlzciis or Hilo to tako this matter
up, und I shall do everything in my
power to assist thorn. Hut in ordor
to make It posslblo to bo .of uny ser
vice, I mutt bo ublo to show that
tho community of Illlo is behind mo
when point out what Is wanted."
Honolulu Institute for Physiotherapy
CORNER BERETANIA AND RICHARDS STREETS P. 0, BOX 410
Open From 8 A. M. to 7 P. M., Except Sunday
All kinds of Electrio light Baths .(blue, red, white and violet),
Steam Baths; Turkish, Russian, Pine Needle, Nauhcim. Carbonio Acid
and Oxygen, or Medical Baths; Massage, X-Rays and High Frequency,
finecial attendant for lml if
Republicans are patriots. They
K; UYEDA t . n
102B.NnnitiiJ.St I hi. ft, M
I'coplo of open mind hnvlnic
Hrlght's Ulsoaso or having friend.
who have, iau heir of hoiiicthlug to
their advuutaga If thoy will call ut
our store, -Helpful diet list free.
HONOLULU DRUCTCO.. LTD.
tegistcr. Last chance on Saturday,
CI0AR NOW 5o, ; t
H. A, OUJJST & CO.' ' Agents
KAU1IA k) AND UP A I (w) v. l'ALOLO LAND A: LM-
lMtovKMii.NT company, limited, a cohpou-
hXOl.t'TIO.NH 1'IIOM CIIIUIT COUIIT, lllthr OIUUIT.
HiriiHirtm Bini.MBin 21, 1910. Dmiiimi SiniMius 28, 1910.
ll.utnvt.i.1., ('..I., l't.tiuv a.m. 1)k Hhi.t, .1.1.
1 iHITtTloN in A()tuih injuria In laml.
Alt 11J 8- I- !". limiting to'onc jear thp time for bringing
actions for pbyilial Injuries to land, rciicals Bw-I 1971 It. 1.., n to
eucli llmllatlona of time, by Implication.
OPINION OF Till: COURT UY 1)E HOl.T, J.
On .Iniif 7, HUH, iilaintilft iikil llicir ikclnnitiim claiming
iiutnul ilniiingrs umiiiitt ilrfvinluiii in tin- mini' of !jii"."(M for n
Uvimiiuiic ( t imum fic;il,fn'u with u eimtiiiitiiiiilu'
The injurv citiiiliiinril of U nlltgtil to liuve Kxfini'il on
MiiivIi lii, l'.IO!), more tlitiu one vmr piinr to the filiiijr of llie
ileelnrntion, uliieli nlli-ps tlmt defi niliint, on jlie dull- lust
uii'iitioiuil, "linike ntnl entered the laml of )iiiiitilfn und did
then urn! there iiijnie (he eloc of pluint i 1Tb Iiy ileioitiiijj mid
eansing to be deposited llieteoit lurge ipuuilities of water, nil)
liish, earth und stones, llieiiliy rendering tlie land of plnintitTii
iiusuitiible for cttltivntiun und did then und there tenr down and
cuise to be torn triw, eiops, shrubs und plants thereon planted
und growing, und did break, till tip mid utterly destroy and
cause to be. broken, tilled and utterly destroyed, irrigation
ditched which have Ik en dug mid placed tbeieon by plaintiffs ut
gieat cost und expense to plaintiffs, and did undermine 'mid
euiisc to be undermined pluintilbV laud located within said
Defendant interied u demurrer to the declaration on the
ground that the action "is burred by limitation of time by
leaaon und umkr the provision of Act 1CI of thu Session
J.uwa of, 11107." The demurier was stisluincd iitid plaintilis
Act ll.'l provides that "Actions for (he recovery of compen
sation for damage or injury to persons or ptoperty must lie in
blitutul within one jear ne.t after the cause of iicliun accrues,
-and not ufter." Prior to this enactment the time within which
"aetiuns for trespass upon lands" could lie commenced was lim
it id to six years next irfter the cause of action accrued. (See.
1!)71 It. I..)
Act 11!) does' not purport, to repeal Sec. 11)71 U. L. Wo'
lielil,i however, in Uaicia v. Kckuhit Huyar Co. (ante p. 170),
which wirs an uction for pcrr-omil injuries, that Act ll.'l ap
plied, uuil that the action was barred because not bi ought with
in one year after the date on which the injury complained of
occurred. The reasons which justified the court in its' con
elusion in tlint'ease nre equally applicable in the wiu now lie
foru us, namely, that these enactments, as to the time within
which such actions must be instituted, cannot be harmouied;
that they ure inconsistent with anil repugnant to each other;
that they cituuot stand' ttigclber; -and that Act 1l!l, being the"
last expression of tho legislature upon the subject, -prevails.
Therefore, Sec. 1071 K. L., us to the time within which actions
fyv Jlhc recovery of compensation for dumagu or impiry to per
Bpiis or property must ibe instituted, is repealed by necessary
implication. ) .flW ' 1
, Plniutiffs contend, However, that these enactmenta e.in stand
together us regards the action of trespass iuaic (lautjim fiait,
and that while, the later enactment is "inclusive of all eases
therein mentioned,' it does not include or apply to actions of
this character. Tbey argue that Act ll.'l applies only to eases
in which the gist of the ucliou is damage or injury to persons or
property, and that it does not apply to an action of trcxpawt
ijunre clattsnm ficyil, which is primarily a possessory action,
tho gist of which is the disturbance of the jwws"minii. an 1 that
whatever is done after the breaking and entering is but an ag
gravation of damages. Whatever force, if nnv, this argument
might have in n case involving the solo question of a diMurb
mice of the Kwrsioii, we need not say nt this time. In tho
case at bar in addition to such damage as may lc implied bv tho
mere breaking and entering of tho cloc, the declaration shown
an actual and physical injury to the property itpelf. and plain
tiffs cmph.isie this phase of the easo by the facts s-t
forth in the declaration, as well us by claiming substantial
damages in the mini of $1500. The main object, of the action
is to recover compensation for the physical injury to the land.
Plaintilis nloo contend that the declaration shows a e'ontinu
ing trespass. We do not concur in this view. Tliu fnct-j ,nl
legijil show that 'the trespass consisted of a single tortious not
upon the laml, and that tho injury is permanent and not eontin
nine in its nature.
The facts as disclosed bv the declaration bring the ease within
the provision of Act 11S1. Therefore, in our opinion, the de
murrer wan properly sustained. "
The execution is overruled.
KWNKY. DALLOU, PHOSSEIt G AXDEJISOX for
ill a in tiffs.
OASTI.K 0 WITHTNM'OX for defendant.
TEIUUTOKY OF HAWAII v. LAU C1IONO.
. KXCLI'TIOXH FIlOM CIItCUIT COUIIT, IIKST CUICUIT. , . .
SUIIMITTLI) BUTtHBLR 21J 1910. Dlciuhi GirTllinlK C8. 1010,
IIAIITWKI.L, C.J., Pkuiiyaxi) Di: Pol.T, J J?
I'bacticb erriiiloni ln(rutiloiu. 5
A general exception In a ncrles of instrurtlona Is Insumrlent. n
Instruitlons aro properly refuted If Bub-.tanynlly gUcn In ths
court's own language.
m w ' OPINION OF THK COUIIT HY IIAIITWKLLCJ.
The defindaiit, who was convicted of an iihsault with a wcujiou
obviously ami imminently dangerous to life, brings-execptions
to rulings upon instructions, and upon tlie same giotinds to thu
ci diet und refusal of a new trial.
Ilefore considering the exceptions, sep.irat ly taken, to thu
lefnsal to give certain Instructions asked by the defendant wu
will pass upon the objection which the puweution raises to thu
' Hiiflicieney of the defendant's general exception to nineteen in
htruetious given by thu coin I of its own motion. .The statutory
light. ( Pee. 1 Still It; L.) to Weill to "uiiv" itislntctionsof
, jmJgu-."in uny imitjor of law' (See. ISilil 15. L.) dites hot, eon'.'
(emiilale a general exception to an entire charge or (y terieu
ut instructions or piopojitiotis of law, unless it is bad through-'
out. Fiuija v. I'vituijttciC Mul. lien, hue, 10 Haw. lib, li!U;i
Jlt&l v. hdinuluiu bxl., Ltd., 11 Jluvt. .'i-'.'l, 5JU; J'cmtuiy VTA
JuIiiiauii, 1U Haw. 71U, 757; 'lcniluuj v. lialc, 18 Haw. 0(i.ri,
'the law is lonictly stated in isicii v. L. M. SI led. lilU, 700: !
".An exception lo .111 entire charge of a court or to a kciies of)j
propositions contained therein cannot lie stirluiucd if any pur-1
Hon thus excepted to is sound." And see llvldcn v. Li. n. 150 I
U. S. 01, UJ. Logically, also, an exception to bever.il instruo j
tioiis in gross is not 1111 exception to euch of thcui Uikeu by its-clf. i
'J'he intention of ti general exception may be tho sanie us if spa-
cilia e.xceptiuus were taken to each insli uction singly but tho:
piuctice is open to such gpitc-objections that it cannot be tunc,- j
The defendant abandons exceptions 1, 5, (I, 7. 0, 10, IS audi
10, and relies solely upon his exceptions to the refusal to gito-J -.3
injunctions 1, U, V, 7, !, It), 11 !', lit, 15 and JO, us well in r 'i
his exc litiuiis to the erdiet uud the denial of his motions to, K
uiMti! it and order u new dial. The rcutoii given by the courtTv
kiis the ilifi'iid:iiil. for rcfusilii? to "f tln instructions lie'-
asked, was that "thot were covered substantially by the court'sil ji
charge," whieh the defendant neks to show was not done ami j aH
for this purpose parents 111 iar.illel columns certain nislruo j;
tions asked fur and giteu upon certain ingredients of the of
finse. The prosecution says that ull of the instructions refused by
tho eouit ami now relied upon by the. defendant weie "fullv
entered by the court in its charge," and that "the parallel eol-'J
Hums on those pages of counsel's brief in which certain ortious 1
ol tlie court s cli.uge ure Set out, show (hut counsel for defend
unt instead of selecting those iiortiims of the court's ch.iruu
which slibst.intinlK' i-nv 1 lit 1 ui 1. !!.. ..1 ,,ni u.ii;.,nu '
relating to ether subjects which were, of course, valueless for j ,J
the purposes of comparison." "j
Tlie record appi-.irit to MHitiu this routcntioii' .For inslauec. I
the requested instriicliotis upon injuit, although not met by j ?
the Hot I loll of the eluil-'je likieeil omiosili it. oivino' llio ruin.!
that one is pre-unicd to intend the probable ami natural results' ! 1
of his acts, is fully cot end by other instructions giten by thu'j W
court one of thcui at the plaintiff's icqtiest which me cited iirrr '
the brief for the piosecution. The same is true of the instruc
tions upon the meaning of "maliee," "the pri sumption of inno
cence," "."elf-defense'' and "burden of pi oof." It would terve .
no useful purpose to cite nil these instructions which were re
fusiil but weie given in the court's bwn language, - no excep
tion was taken which can lie considered, to uny which were giv
en. The defendant's contention that "(hi' entire charge i
erroneous" and "proceeds upon an apparent incorrect tluory'in,
can certainly not apply to thow instructions which were given?
at his reituci't. Confining the defendant's criticism 10 lliuj por-f
lion of the charm which the iudee "-ave of bis own motion flirt
usmiHustriicliourf upon the presumption of innocence, eltxj'rrft
given. !.,,.., ,
iMt 1 miiiiji ott 1 1 nit 111 if 11 rpi
.. U'. CATIICA11V. C'lhi mi Pmniiii Alhrnrti. mid A"." II. -
Mdreitun, Ih'inifjj City mid Cuuuhj .AUvrnty. forvllte Teryi- "-
tor v. ,
"1J. C. Pet. In for defendant.' ' K 4
1st. To vote at lhecoming ocneral clcclion. Reg-
istration closes 10 p. in. Saturday 8th.
2nd. To secure one or more of those WEATHER
. TO-ORDER LOTS IN KAIMUKt OR OCEAN
Your-s for a full Registration and a nig vole.
KAIMUKI LAND CO., LttT
NO MATTER how good the cattle may
b i 'before they reach the slaughter?
house if meat is not kept right alter
killing it becomes tough. We keep ours .
HEILBR0N & LOUIS. .- Proprietors
PASS YOUR VERDICT'
On the Quality of Our - "
BREAD, PIES and CAKES '
It will be one that we can feel proud of." Our FT10ZEN CREAM
FUDDINQS, PUNCH and SHERBETS stand tho test of the most critical
' . PALM CAFE
HOTEL STREET, NEAR FORT
- t -j i . o ... . -jh . .v. .JAt TKWtjmtum.