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The Hawaiian gazette. (Honolulu [Oahu, Hawaii]) 1865-1918, November 14, 1877, Image 4

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83025121/1877-11-14/ed-1/seq-4/

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New A-dvertisemeiit
OF
CASTLE & COOKE!
SEW GOODS TO HAND AID EXPECTED
BY
Steamer find. Sctll Vessel,
From San Francisco, New York and England.
AGRICULTURAL IMPLEMENTS.
33te Genuine Improved Paris Plow with Rolling Coultor.
Molino Plows, heavy nnd liglit Cast Steel,
Eaglo No. 2, and XI Steel and XO Steel Plows,
Jloliuo Horse Plows, Cast Steel, No. 40 .t 80
lytftilirt. O, Vdn ill Oi Ban. 11.1) mud S in.: Hoc. TUkei. Fhoxels. Spades. Ool and Perthes,
pa asAAse Juattaeks. Pick Aim. Crew liars. Iron and Sleel, Cane Knne.. Aaes. Hatchets. Adict, 1c.
HM'iIi.NhM; Out t-piaes. 6. 7. S i Wrought Sails. 2 to 4 inch ; Fiimhing Ni!l, IS. S. lOd ; Cooper's
HrnM, t lk.SH.u4 -II black. Centrireral Cloth. 10. II and 11 Inch ; UalranlieJ Wire Clotu, 1 t . o aiein.
M a&t It ts.; Babbit .M.tsJ, Wit American, 0 and No. 1 ; Canal Wheelbarrows ; Hoop Iron, 3,2,1 and 1J
izth ; Ale, Hal, Oa. Sledre, Adse and Hot lUndlei,
A FINE ASSORTMENT OF HARDWARE AT LOW PRICES.
HawVaea'i Betted and IUw Unseal Oil, llubbuck'l l'ure Lead and White Zinc. Fire-proof Faint, a Large
Atftnartt f 1'aints In Oil in 1 and 2 lb tini ; Copal Damar and Bright Varniih ; Valentine's Cell Ailt'd
Carriare Yarimhea.
DOWNER'S, DEVOE'S, AND PRATT'S KEROSENE OIL,
Direct from the Manufacturer!.
Crvetas. &-Card Matches, nincbam Dockets, Comet and Japan Tea, Golden Gate and Oregon Flour : Paint,
Y-r-ufc.. 5 toe. Hot, Store aad Stcoeil Urn -be ; Blacking, Whiting, Borax, Alum, Saltpetre, Carb. Soda,
Creim Tartar, Camphor. Soap; A Nice Auortment of l'UKC EogHih Spicei ; Golden Gate Jama and Table
FrvU.
CALL AXJ) EXAjriXE OLE
ASSORTMENT OF CHANDELIERS, STUDENT AND STAND KEROSENE LAMPS!
CIIIMNLYS OF ALL STYLES, AND GLOUES, Etc.
DBX OOBS TJX TA1IIE3XT!
Arakeag Denimt, Tick, DrilU and Bleacbed Cotton j Utlci Lang J on Milli Amnikeag and Perkins Fine
0nnf BeftHofflUh Prints, Horn Blankets. 100 inch Sheeting. Finest Linen Sheeting. 100 in. wide:
rWiw fattw mod Linen. Uoiilan Iiaper and Crash, Victoria Lawn, Eilcna and Cambric, All-Wool and
Gotten J Woo, Waterproof, AH Linen and Union Lin eo Pant Staff ; Fineit, Medium and Common 4-4
4 71 All Wool FlacneL
A Large Assortment of Stationery.
AenU for Jayoe's PateLt Medicines, a full line ; Giant Powder Co., Willcox i Gibbi', and Singer Sewing
Machine Co.; Elsie's Steamp Pumpr, bed in the market
Asbestos Steam Packing, Saperior to any other in tbemtrket; Aibejtoi Cement and Boiler Covering;
UR IU. 1. 1 in, 1, U and 2 in ; IK Packing. MC, 1-8, 316 and 1-4 inch.
Also, Three Fine Pianos, from a Celebrated Boston Manufactory,
M1M, Iti; HOLD CIICA1.
HAWAIIAN GAZETTE
STILL FURTHER REDUCTION ON SEWING MACHINES!
CASTLE & COOKE
Can Purnisli (lie Singer Now Family Sewing Machine!
Equal to any other Double Thread Machine, for
Singer Tailor Manufacturing Machine, for $55!
JllHwfar tire Superiority of the SIXOEK MACHINES, their tales number MORE than all the manu
gatareri is the world, pat tegether. Alto, on hand.
The Wilcox & G-ibbs' .Automatic Machine.
Tbe easiest nsnh;. implert and only coiteleis Machine, the Ladies' favorite. Tor $50. CS( 2m C7C
C. BREWER & CO.
rri:K
FOR SALE JUST RECEIVED
T.f the r-plendld New
American Bark Amy Turner
A W. 5Pm,T. Master,
The Following Assortment
OF
VIERCHANDiSE.
Two mxim;iTNs steam i'Ai,
Om anadred and thirty-live tons Cumberland Coal,
T-resrty tests More Cual,
Kztra 7iberd so Feet Sew Bedford Whale Beats,
Oafc.Ial., one to four Inches.
Cs. Boston Card Matches
"RADIANT" KEROSENE OIL,
KCOS CVT NAILS. Zd to 40d,
KtS Cut plkM, 4, & and Inches,
Naval Stores and Ship Chandlery,
WTtalnrtdti Fitch, American Tar, Rosin,
K pirlu TurpntlDr. Cotton Dock, No, 1 to 10.
I Uveas DoAl. Manila'lUpe, awwt'd 9 liiM to 4 H Inch.
Cuuiac Falls, WhaJe Uae, Aast'd Oars 10 fL to 30 feet,
PLANTATION STORESI
Leather Ileltlnic, Ilobber Hose,
Centrifugal Linings, liubber TacLlnc,
Paris UPlo-w-s
fkle IIU1 llawa. Ekcle Hows,
OX CAKTS, OX TIIUIX
riaCK Wlltli XO. 5 AM) O,
DRY GOODS.
Amosieaf Ienlxas,iaeacludCottonal44, M, 10-4, 114
SlajmakrtV Denims,
LamEdoo, Waterford," Honest Width." Crown
Iterbam ltlnta. H In, ; fi tratford Cambric t8 In.
ilerrlmae rrlnts. 90 la.; Aatorted iTints, 2S in.
Kaieitrbocker IMnts, Hamilton ITints
IhumeU Huff ITints,
FAIRBANKS' SCALES,
Assorted Sires, on Wheels.
GROCERIES
OamSaGreen IVax, Orwn Corn (La Croix Brand),
Tomato Ktrlrliap, I'otled iltits, Lobster, Tomatoes,
bausace Mfata, Cora btarch,
tiUerUos, Lf cUoa and 1 gallon Jars ;
Hairr ball In bhla.
Provisions.
UWs. Am. Meas Beef, Am. xtra Prime 1'orL,
tianr barrels Clear fork.
pt1 7" ax2.3L Oils
lit bbla, nneral ralnta, Boiled Unseed OH, 5 gL Una
V"1" Varnlhli, Umu arnun.
Iron and Metals,
Iron Hw. i toI tnj UalcanUed rilH'. U to IJi In.
liabULl aieul, holder, Aitat'd Bar Iton,ruUQd&4UAre
Hoop iron, , 7,ltncn.lH tncu.
Yellow Metal. 10 oi. to a oz.; bheath Nalla, IK, W,
HARDWARE,
M qnare and Hound Itolnted Shovels, Charroal Irons,
JUitccts, Dlact I'.h'els.
A FEW SETS OF SINGLE HARNESSES,
UXC M7T DOII1LL ItAUXESS.
"OCT OODE 1ST "7C7" J- H. 23 .
Are riaodlea, fUrrrl Bmurs, roldlne Clothes Horses,
V2ieeIuartowB, Canal Barroirs.
EASTERN PINE BARRELS AND SHOOKS
poVea and Hnbs, assorted size ; Hide Poison,
'esta Trunks, rarer Bacs.
FUK1VITUIIE!
DI&loC Chairs, Wood Seat Chairs.
Cottac CLambcr eta, Hlaclw WInut Sideboard.
AX IXVOICE OF
McMurray's Fresh Oysters,
One and two pound cans
An Asst. of Knowles' Steam Pumps
lumbers two to eeren.
TO HE NULI AT ltllDI CEIl HATES !
A tTrtl.SelPCIrd Atsortincint or SADDLES,
ol is Celebrated .linker.
BCIlXCrrS Lemon and Vanlla Extracts,
Burnett's Cocoalne, Kallston and Tolleta.
AN t.NUEl'KXDE.NT JOOKNAL,
DEVOTED TO HAWAIIAN PROGRESS.
rUr.LlSUGl) AND KD1TED 11Y
IIEXltY 31. WIIITNE Y.
THE UNQERCICNED
FOR SALE TO ARRIVE !
THE CAKG0 OF THE
Sark-lllattie MaclcaT.
a "
2Tow 23txo
Prom Portland, Oregon,
-nOXSISTING OF-
BBLS. OF EXTRA FLOUR!
Cases of Fresh Pilot Bread,
Spaulding Sugar Cored Hams,
Sacs of Bran,
Saclts of Oats,
Sacks of Potatnef,
168 Bbls. No. I Col. River Salmon,
0 Half bble. Ditto.
Cases Spauldiogi Best Lard, In 10 lb tins.
Cases 2 lb tin Salmon,
Ca-ei 1 lb tin Ditto,
Cases Boast Beef and Mutton, In 2 lb tins.
Boxes of Dried Herrings.
Boxes of Dried Apples,
Cases 2 lb tin Ojiten,
C bests Best Japan Tea,
100,000 Cedar Shingles,
100,0(10 Cedar Posts,
Boxes California Soap,
Beit Corn Drooms,
Best Cedar Fails and Bnebets,
BBLS. AND HALF BBLS.
Best Bourbon Whiskey,
Etc, Etc, Etc.
CREEN, MACFARLANE & Co.
C6 Sm
The Best in the Market
ATLANTIC.
COLLIN'S, and
SHAWMUT
WHIT
AD!
AJIERICAS MAXlTACTl'ItC,
Piioxoiimi:d iiv ai.i. iAivrr.i to
be
Superior to any Lead Imported
In this market, vitbmore coverlns capacity anddura
bllltx than any ether. FOR SALE BV
6S2 lm WILDES Jt CO.
C BltraXK .V CO.
Pacific Eubber Paint Company's
PAINTS!
ins abticix is ion saix by
BOLLES & Co.
T
lite ibe reeni.
zaoraloK vent ao eiov '
aa vaa expectttl, to ran josar celebrated, and 1S comics;
cecUon was made at Stcra0 hare clren It a trial hlfhly
vcre at occc Lransf erred. rroTj jTe , general assort
occsrs on tile trip, the nails willed will keepop the assort
TietrTollc Intlocto be placed omt Ueahortest notice,
narder Abjwinla, which it to BtU BOLLES A Co,
text Wedne4ij. October Cstb.-
FLORIDA WATER.
Murray & Lanman's Florida Water !
rfTIIlS CELEDIt TED FLO It A I. ITJirrME
JL has been a favorite with the fashionable world In
all parts of the Globe for nearly half h century, turvatxxng
in tUIieaa and durability pf its odor, the finest Kaa Dn
Cologne or other rerfamrs that have been hitherto lm
Iorted into these Iklands. Mcbrat t Lanman's Florida
Watrlsnnsurpassed as an Extract for the Handker
chief, and Is also superior tn any perfame ever used for
Uathing. CUanir the TulX and Swttening tSt BrtaVt, It
also allays the Irritation caused by ordinary trvptions, and
removes Tun, FrtckUt, rimpttt r BkJdfi from Vu face,
back and ami. It relieves narrow Juadache and Imparts a
Clow of freshness and vtcor, however usl and Is a most
genue anu snmniaunc odor.
For SlU KVERY WHERE
il. M'lNF.RNY,
Sole Asent for the nanallan Islands.
.V, B. Tradt ruvviitd at Xanufccturtri Prictt.
Beware of spurious Imitations, and see that each bottle
bears the genum Trade SIabe, McB&ATt Las man's
tUOXlVk n AT ICR. 643 If
SMALL CHAINS!
IZCS FItOJI 1-4 To 1.2 INCH. IX QCAX.
Aiiit) u suit. ueceiTea per "ueuu
For Sale br
BOLLES t CO.
PER KA MOI.
1 CASE Or BL'TIG-I1I, White nnd Bine,
S. rorSsletjy BOLLES & CO.
WEDNE8DAV. XOVEMBEIl 14. 1877.
Nuprciup Court of tin- IIavnllnn !
ImiiN, October 'IVriu, lh7J, In
1(41 II CO.
n. A. iriDE-VAX rs. LOXOAEA, et al
Juii and McCally, J.J.
Opinion of this Court by Mc'JuIly, J.
The case wos hoard by tbu Justices or th
Circuit Court of the Secoml Judicial Circuit,
June Term. 1677, tho jury being waived, and
judjmcnl rendtred for plaiuliO'.
Cask. Too defendants had contracted as la
borers with tho " own of Wnihee Plantation,"
kIio nem Messrs-llarrij aud Wiilcniann ; Mr
Harris first Rellinc his interest in the plantation
to the (ihintifT, who subsequently sold il with u
reservation of his homestead and a few acres, to
third parties, and gave auolher party a power of
attorney to employ the laborers under subsist
ing contracts. The delendauls refused to serve
the attorney or under dim.
A. S. Uartwell for plaintiff;
I. The Circuit Court five a general judgment
for the plaintiff, but in its opinioa slated that it
should only be enforced on the plaintiff's land.
The defendant hiving brought the case up here,
this Court nill give uch judgment M as to law
and practice shall appjitun," Civ. Code, eecliou
839. l'owell on appellate I'roc. p. 311, J75.
II. The question now assumes u mo-fold as
peel, viz., is not Ihe judgineut in case of Noll
A- Co., a precedent calling for a judgment for
Ibis nuintm without limit as to Ins ownership
of land, notwithstanding the reasoning of the
Chief Justice in that case; and. secondly, if this
ca?e is not governed by that precedent, will not
this Court bud good cause to remove Ibe limita
tion on the judgment ot the Circuit Court.
(A.) The reasons or opinion ot the Court
form no part of the record, but the judgment has
force as resadjndicala in all parallel cites.
13 .Mass. 50, Freeman's judgments, p. 55 70,
12 Wh. 117; C Wall. 149. 8 lb. 317.
The ruld of Slave ilxisis is bjsed on rights
and on public policy, and this c-iee has no essen
tial features differing Iroin the Xolt case. 1
(vein's Comm. 47C.
In the Xott case, although there was an agree
ment tu work for assigns in case ol sale of the
plantation, the record ehos that no sale had
been made, but only an agreement to sell, so
thai the clause in thai contract calliog for labor
for assigus is quite immaterial. It was there
fore unnecessary tit decide, and in fuel was not
decided in fsvor of Xolt & Co's assigns, fjr there
were none, but it was decided thai Hutchinson,
as Xott & Co's attorney, fur ins on sole use,
and without uny conlrol of the labor or interest
in il ou the pari of Xoll & Co. could enforce Ibe
contract.
Widemann's contract binds the defendant " to
perfoim such labor lor tne owners of the Waihee
Plantation as they (he) ehatl direct," and - lo
obey all lawful commands of them (or H. A.W )
their (his) agents and overseers." lint the deed
uf sale and tlie power of attorney show thai the
plaintiff is directly interested in the result of the
defendant's labor, and nothing shows lhat he has
parted with the control of it. How can the
plaiuliff's remedy agaiust the defendant be affect
ed then by his non-ownership of land ?
I'lie decision in the Xolt case shows that it
rtould be legitimate to agree eveu to work fur
one's assigns. This agreement was lo work for
the owners of the plantation generally, aud lo
obey the lawful orders of their ugonts. They
had a right to select their own agents, and did
not agree lo remain land-owners. The contract
is uot claimed lo be annulled by the sale, why
then is ihe order to work not as legal and there
fore enforceable now as ever ? The consequences
of declaring the peoal remedy lost by parting
with ownership of land have been fully argued
in Ibe case vs. Ivulapu.
(H.) liut if there were nu reason for deciding
this case for the plaintiff on the ground of pre
cedent, in a parallel case, there is nothing re
quiring the Court in any aspect of the case tu
limit the labor to the plaiuliff's land. Tho large
advances to the laborers, and not the change of
overseers, are the reason lor relusai to labor, and
no decision should be made, unless clearly re
quired by law, lo encourage such attempts at
Iraud.
BY THE COURT:
The Court below in giving judgment say "that
the defendants cm be held to labor for II. A.
Widemanu, notwithstanding he may have dis
posed of his interosl in the Waihee Plantation
In this case the laborer is asked to perform labor
in the service of II. A. Widemann, his original
employer, that is on his land, in employment in
the results of which he is interested. ... If
the plaintiff furnishes legitimate employment for
defendants in his own service, and complies with
all the terms of the coulract. the defendants are
under the laws of this Kingdom, still bound by
their agreement, ana to rvluse is willul desertion
punishable by law."
From the judgment thus limited to be an ob
ligation to labor in the service of Widemann
blrictlv. the defendants "apoeal." But the conn
pel for the plaintiff now comes in and asks this
Court, by force of the decision in Xotl & Co,
vs. Kaaahele, decided since the judgment of the
Circuit Court was given, to give the plaintiff
judgment lor me services ol uelendnnU, under
any agents or altornies he may appoiut. and in
the service 'of other parlies than himself. Al
though the defendants term these proceedings
an " appeal," we must treat them as exceptions on
matters of law, for we have no statute provision
lor an appoal Irom the Circuit to the supreme
Court. In our practice exceptions are taken up
from the ratings of the Circuit Court. This was
fully considered in The King vs. i'aakaola, 3rd
n aw. nep. p. ju. as tne piainlitl iook no ex
ceplious, how far can he take advantage of the
defendants having excepted, to ask for n better
judgment than be obtained in tne Court below ?
Wo are cited to section bJ9 of the Civil Code,
When judgment shall have been rendered
any case in which exceptions have been allowed
tho judgment may be vacated by the full Court
without any writ of error in like manner as if il
had been entered by mistake) and thereupon
such farther proceedings shall be had in the case
as lo law and justice shall appertain. I bis
provision must be in view of tho context. It
provides generally for tho (tens to be taken
when exceptions to rulings of a Justice al nisi
prius are sustained as for instance, that the ver
dict shall be set aside and a new trial ordered,
but it does not place the case before the Court
in the position ol an appealed case betore an Ap
pellate Court, with jurisdiction to try it de novo,
lo this case, the defendants' four exceptions
brieny stated are (1) that tne labor contracts
were terminated by plaintiffs selling the Waihee
Plantation, (2) that the defendants contracted
with the firm or Horns nnd idemann and (3)
not with either individual, (4) and that the de
fendants have now no recourse against Wide
mann for non-payment of wages or other viola
tions of the contract. If in any of these there is
substantial ground or error in the judgment ol
the Circuit court it will be set aside, lb
plaintiff is here to support the judgment against
the exceptions taken to it, but be cannot in our
view, take judgment de novo in this Court.
The first three points taken by the Counsel
below (Halstead) are directly covered by the
case ol The Owners or the Waihee Plantation
v. Kalapu, 3rd Ilann. Hep. p. 660, which deci
ded that on the dissolution ol ihe partnership
the contracts held in favor of Widemann, and
this carries the fourth point that contracts being
mutual, the defendants can hold Widemann lo
performance of his part.
Following tho rule of law to consider only
what is sot tortb in the exceptions, there would
be nothing further in this case, the exceptions
being overruled, than to affirm the judgment.
But we deem it right to go on to consider the
new ground taken before cs. as above referred to,
that the Court might in view of the decision in
Xott & Co. t. Kanahele adjudge the defendants
to be bound to serve whomsoever idemann
might constitute his attorney, without reference
to the work being lor Widemann.
There was considerable argument as to the
authority of the decision in that case as a prece
dent, bat we are fully agreed that it stands in
the same position in this respect as other decl
eioos raid by a majoiity of the members of the
Court, nnd we further adopt the vlows of plain
tiffs counsel that ihe authority of it case rotates
to what it decided in it, nnd not the reasonings
by which the result is reached; bat Mi result
cannot be separated from the facts in question
on which the decision It made, il cannot tnero
fore be claimed lhat Xott v. Kunahclo maintains
tho proposition that a contract laborer can be
compelled to serve any other person to whom
tho master may give a power or attorney, for It
ii stated at the fact in the case that Kanabolu'a
contract cuntained an Ingredient different from
any contained In ordinal? contracts, an extra
ordinary clause to the etlecl thai llui defendant
in case ot the transfer of the Waiuhinu Planta
tion will work for the persons to whom such
plantation shall be com-eyed. and on this basis
tho Court say, there is in this case no attempt
to orado the law ur to make the contract to us
siimo any form which wat not contemplated upon
its very face, nnd which the deleiulanl did not
fully understand at the time of signing the con
tract. There is in the contracts of tho defendants no
clause of liko nature to tho above, which they
moy bo required lo execute. They contuiu t!io
ordinary proviiion that the laborer "will obey nil
lawful commands or the said party or the first
part, his ugenl or overseers'
The plaintiff claims that this require service
for any person whom the master may make his
agent or attorney for ihe purpose of ui.ing the
servants' labor. We cannot take this to be the
lair intendment or the words -His agent or over
seers." In view or the context, they refer o
such persons as may bo placed in charge or the
properly or, and delegaled to overlook und di
rect the labor which is done Tor the master who
makes the contract. It is a stipulation consid
ered necessary to avoid difficulty about bound
servants obeying ihe representatives or ihe mus
ter when he is not present in person. The oilier
couslruction would muke un ordinary labor con
tract assignable to any person, and without limi
tation. Thedoclrino of The Owners of Wui-
hoe Plantation v. Kalapu expresrly contravenes
il, and Xolt v. Kanahele only enforces a certain
special and limited contract, und is not, in our
view, inconsistent with the rormer caso. The
decision of Ihe Circuit Court appears to us to be
in conformity with the law, with the iwo deci
sions cited, and with i lie renns of the contract.
It is n effect this, lhat Ihe delendanls are
held by their contracts to work lor -Mr. ide
mann. in his absence obeying the orders and di
rections oi the person or persons who are in
charge ol Ins properly and labor.
The ludgment ol tne uircun iiouu is umrmeu.
Hon. A. S. Hartwell for plaintiff.
K. Preston Tor defendants.
Honolulu, Xov. 2, 1877.
tiprontc Court oftlic lliivmliau !
liiuilw. October I erui, 19.77.
BEIiXAItD and HAI.UOy r.
J?;l IIViT, el al.
Judd, J.
LOO
Ilnolncfj, i:ntcrprlc.
The traveller Barents who Tint Vicksburg
haro a new and Improved way of gelling; l hut
Iness. The othor day when one rapped at a
door it was opened but an Inch or two, and tho
woman called out:
"Don't want anythlngl" .
"Madam," called the agout, "von have li
ter t" ...
Yes," wat the answer j and tho door opoueu
n liltle more. , . .
"And you" have not heard from her lately i
"Xo."
"Then you don't know that thai she '
The woman opened wide the door und excited-
Ir?J;,"l!. , ..I...,,.
"What is III vt nai lias nappenu tu iter i
'"Then you haven'l heard ?"
"Xo no is Lucy dead?'
"Your sister, madam is not dead, but, but '
"Hat wh ill" she wildly Inquired, as ho slop
ped up beside her.
"Your slsier, madam," he replied, unlocking
his vali-o. "nurchused five boxes of this superb
"magical bluing of me. und eunielly entreat you
lo try ul least one box price iiiieen ceuis.
She didn't appreciate his inck, and as ho
passed through the gale she glanced down ut her
leol. and then al his coat tail, and sighed: Oh, I
wish 1 weighed ton.
Sluly nt Home.
We find in the August number ol tho Allan
tir- Mnnthlv two or three columns devoted to on
explanation ofibe methods adopted by lhe"Sluy
nl.hoin Society." This society is completely
disassociated rrom all educational lusuiuiions,
and cannot in any organic form be connected
with them, while H offers many opportunities to
teacheie. which some are using. The purpose is
to induce girls to form tho habit of devoting
some part of every day to study of u systematic
and thorough kind. To carry out this purpose
courses ot readiog und plans or work are arrang
ed. Troin which the pupil members may selett
one or more, according to their taste and leisure.
Aid is given Ihein rrom time to time, through
direction and advice, and a meeting is held once
a year, where the students may meet the manag
ers. The coun-es open to students are history,
natural scienco (including botany, physical geog
raphy, zoology, geology, mineralogy ood astron
omy), art, German. French and bnglish litera
ture. Tho first year there were 45 sludeuts, the
second year 82 the third year 296. and last year
576. The corps or managers includes a chair
mau, secretary, treasurer, six heads of depart
ments, and 28 members. The headquarters are
at Boston, aud there is olso a bureau or manog
er in Calirornia, and an agency in Louisiana.
(Exchange.)
fWe codv the foreircing for the purpose of
asking if some similar arrangement might not be
fouud to work well among ourselves. We com
mend the idea to the consideration of those in
our community who feel nu interest in the men
tal improvement or our young -people.!
This is an action of .Tort, in which damages
are claimed ur deteudauts ror their causing plain-
11 a garden lo be overtljwed wiin water backed
up by defendant's dam. I lie jury returned a
verdict of SlflUO. the full amount claimed, which
the Court is usked tu set aside as being exces-
ive. .
I recognize a distinction between actions for
mjuries lo persons und those for injuries lo pro-
rty. In the lornier class ol cases, il circum-
tances of ageiavalion exisl there is no nxud
rule of compensation, and the jury are authorized
to give vindictive damages. Courts are loath lo
disturb such verdicts.
In trespasser to property, however, unless
special misconduct or aggravation appear, there
is a bxed standard by winch the damages can be
computed, which is, actual compensation lo the
pally injured.
I he Uourl in tins caso charged the lury thai
this was the principle on which their verdict
should be based, and this was not excepted to
by the defendant's counsel. They cannot there
fore now claim in order to justify this verdict,
that this case came in a class between Ihose in
which vindictive damages can be claimed and
those where no evil motive is complained of.
Exemplaiy or vindictive damages were not
claimed by the plaiuliff's.
Aclual compeuatiou for the loss and injury
sustained was all they asked for, aud this utoue
could they recover.
1 be lory had very little exact testimony belore
them ; but the evidence of Mr. Peirce was, that
n his opinion the value of Ihe place was illumi
ned one nan oy reason ol this injury, uoionei
Jones testifies, lhat he thought it would cost
2000 to bnugsuch a garden into existence in
the condition thai it was before the flooding
look place.
lo apply the rule or compensation to this, tin
portion ol the testimony most favorable to the
laintiu, inejary would not be authorised to nud
a verdict for more than S1000.
I'll e urea submerged bore a small proportion
to the rest of the garden, much less than one
hair. The plaintiff Uaimon says thai it cost him
tlOUU. spent in dnblels, to prepare, plant aud
cultivate the whole garden.
I am aware that the jury were allowed to con
sider what the injury, in addition to the value ol
trees etc. destroyed, was to the residence or the
plaintiffs by reason ol Ihe swampy and misasina-
tic condition ol the garden luduced by the over
flow, but it seems to me that this was all con
sidered and summed up by .Mr. Peirce when he
testified lhat "the value ot the placo was dimin
ished one hair."
A verdict for Si 000 conld have been sustain
ed on ibe evidence, Ihoucb in many opinion a
lesser sum than this would have compensated
the plaintiffs fully, any sum over this is clearly
excessive.
If the plaintiffs elect to reduce the verdict to
$1,000, they may have judgment for thai amount
-tney lo maKe their election not later man
twenty days before the next term und notify the
clerk of the same. Otherwise a new trial will
be ordered. A. Francis Jcdo,
Justice Supreme Court, presiding ut Oct. Term
A. a. Hartwell lor Ihe plainlihs, tv. neston
and C. lirown lor defendants.
Honolulu, Nov. 1, 1877.
OIL, OIL, OIL
Strained Sperm Oil,
E JV Till: CASK Oil UALLOX, IN Q.UAX-
olv lines lo sun, at iae lowest rules.
ATX),
olnr nnd Wlilrii-i OH, Mmrli OH,
l'alllt Oil. Ki-roscnc Oil. Jr,
tor &aie oy
os j iy
lionet-of tlic Kviullns: I'nblic.
An important fact has been settled by the
experience ot the isoston i-ree 1'ublic Library,
as set forth in the last annual report of lhat insti
tution. It is that hooks may be lent in large
numbers for popular reading with a loss which
really amounts to nothing. For instance the
Hoxbury branch, which has lent 146,829 volumes
during Ibe last year has not lost a book. The
six branches which have together circulated 893,
202 volumes have lost in the same time only ten
books. The great central library, with a areola
lion ol :4i..iyU volumes, has lost only 119. This,
however, shows not only bonesiy on the part of
the borrowers, but great watchfulness on that of
the aiaoagers. Books wicb are not returned with
in a fixed time by Ibo borrowers are demanded
by a policeman detailed ror the business, eo that
almost the only loss is of those volumes which are
carried on by lakers who leave the cily. I he
regulations strictly enforced save the library
from the losses to which it would otherwiso bo
exposed.
Clar"it Opinion ot tlic Jupancse.
President Clark, of the Massachusetts State
Agricultural College, who has just returned from
Japan, gave his impressions of that country to
the people ol Amherst on aunday evening.
Among other things he said : HThe Japanese
are a peoplo able and willing to do right. I never
saw a quarrel in Japan, and never saw nor beard
of a Japanese student in America or Japan ac
cused of immorality. I selected from a thousand
young men the students for the college there,
und never knew one or them lhat would willinzlv
offend his teachers. The Japanese will walk up
right like men and become Christians. I have
great faith in a people that hive such aspirations,
They have great capacity for usefulness in the
conversion of the world, and are the men of alt
others to be missionaries in China. Until last
year Shintoism has been the State religion since
600 years before Christ. It is a sort of natural
religion, and they worship the iun Ood. and this
religion, heathenism, or whatever it is, has made
Japan what it is. Since 600 years before Christ
when the first Mikado reigned, they have all
been rrom the same family. Of all heathen reli
gioi s Shintoism is the least objectionable, and if
ever become a heathen i snau be a sninioist.
A.W. PEIRCE & CO.,
Agent Tor
H'l'I.OA SALT, llllAMt'N IIOMI1 1U.S.
llyaiifl'a Itoiiib lattices.
15 ry Perry Urol)' Inln Killer, A-e.
A. Yf. VEIItcK A CO.
Wire Rope, Wire Seizing.
k SlJIllIh !STIII.A'
1. sis iy
Tor Kale Iiy
A. W. 1'hIItCK A CO.
Hay, Hay.
-tifkrw n.vT.rs cai.ii oh.ma hay, ex w.
JLVF Vf II- JIKYKlt, or Superior Qualllr, ror sale by
I 2t A. V. PKIItCE CO.
Anchors and Chains.
t Nt'llOHS FIIOM 40 I.IIS. TO 2200 I.ItS,
CHAINS, from 1 4 to I 3-4 Inches.
l45 l'l
A. W. 1'EICltF. Ol.
Cotton and Hemp Duck.
ri, v.wtiis ooTTo.v nrcii,
V. U. J v (ijiwleiice)No. 1 tu 10. lust received,
e& veiling n, ami uiurr ainvuis.
S.OOO yas wooaoury uoiion Hues, an nonioers.
S.ouO yds Hemp Duck, Long Flax aad Merchant Navy,
all numbers.
Also, Cotton Havens, Cotton and Hemp 1 wine, Ac., Ac
For bale by ims lyj A. w. t-Ell(UK A CO.
Best Ash Oars.
Art i.i. siii"i
For hale by
l.Y, 6 frect to 22 feet lniiu.
6IS 1 A. W. I'EIUCK A CO.
Manila and Hemp Cordage.
-t COII.SMAMI.A AMI 111:511" CORD.
Xi y J age, a full assortment, all sizes.
1616 !
A. V. PEIRCE A CO.
JUST RECEIVED
run
4
HAW. BARK "R. 0. WYLIE,"
lao liayn from llrcmrii.
A LARGE ASSORTMENT
.OF IinMltAIII.K
Inglish, Gorman and French
MERCHANDISE,
NAMELY :
Cottons. Linens, Woolene, and Silk.
Cloths ami Cashmeres, Shirts, Toweln,
Shawls, Clothing, Hdkfs, Hosiery, Uibbona,
Cutlery, Sheet Zinc, Tin Plates, Sheet Load,
Corrugated Roofing, Fence Wire, Hoop Iron,
Centrifugal Linings, Leather Bolting,
Burlaps, I. H. anil Flax Packing.
FURNITURE !
01 ED.TTABE PIANO !
Toys, Painta and Oils.
Stationery, Printing and Wrapping Paper.
Saddles.
Powder and Shot.
Yellow Jietal Sheathing and Nails.
Portland Cement.
Stockholm and Coal Tar.
Baskets.
Tallow and Molasses Containers.
Wines, Ales, and Spirits
Tar, Pitch, &c.
4 DIKIIIC'AX AMI NUKIllMI TAIt, WIL-
nilngton I"ltcb. Oakum, Ac. Noal Stores. Ac
r-ortaleby 6IS lyJ A. V. I'EIKCE A CO.
A Very Full Assortment
OP
SHIP ill IM STORES!
SHIP CHANDLERY,
ALWAYS OA HAND.
Also, Whale Boats and Boat Stock
Ami Wtinllllir Hear.
I6is iyj a. tv. pi.iuci; .t co
Fon SALE BY
Truth is Mighty and will Prevail.
tub iixii:n.sm.Er is xor the
Sole Aeent or the Walthnmor anr other American
4a Wateh Co.. but Is prepared tu sell all Watcbes, es
U3peclal!y these of American manufacture, on the
lowest possible terms. To prove this, hs only asks the
puoue to price bis aloclc before purcbasln; elsewhere.
V :il t;li;nn Watches.
A SPECIALTY.
Watches, Clocks and Jewelry cleaned and repaired, and
warranted. Charges reasonable
Watch Crylil Iime-eteil or 25 Oats.
navlng seenred the services of a first-class Jeweler, I
am now prepared to manufacture all kinds or
Gold Jewelry, Setts, Chains, Lockets,
Bracelets, Rings, Guff and Collar Buttons,
Aloha and Seal Rings, Etc., Etc.
Kukui Nut Jewelry in any Desired Style.
Shells mounted In Gold or bllrer to salt Customers.
Diamond S-ltlns aspeetalty.
All orjers will receive prompt attentloo. Highest mar
ket price for old Gold or silver.
(13 ly
Ofllce 17 Jlcrelinnt street.
D. W. CLARK.
3r w Goods
Bnrlc Cornier mid sefar, TV. II. 3Xeyer.
ITUtOM 8 AN Fit AXClsco.-4JoI.len Cnte Ex7
? Family Flour,
Golden Gate Bakers' Extra Floor,
superfine Floor, Ca es Bread.
Cases Crackers. Assorted, via :
Poda, Oyster, Wafer, Milk, Fancy. Ac, Ac
Bales Oat Hay, Lime, Rubber Paint,
An assortment of Bubbcr ralots In all Shades and Colors
For sale low by CIS BOLLES A CO-
PER b'k R. C. Wylie from Bremen
24 IRON STOCK ANCnORS, elies from 60 up to JSOO Iba.
SMALL CHAIN', la quantities to salt, sixes X Inch to
0-16 of an Inch.
CIIAIN CABLES, 5-8, 5-4, 7-8, 1, 1 1-4, 1 J J, and 1 5-1
Inch. For sale low by
8" BOLLES A CO.
CONSTANTLY ON HAND
A. GENERAL ASSORTH'T OF
Ship Chandlery and Ship, Stores :
&c,
For Sale by
&c.
H. HACKFELD & Co.
WILDER CO.
Importers and Dealers in
LUMBER
BUILDING MATERIALS
or All HINDS.
THE-FINE BRITISH
-3u JtJ JB O -
io toss nnaisTEB,
OltOSABT. MATRj
HAS A H R I V i? t. .
WITH A SI'LKXDID
Assortment of Gi
Coroprlilni a Urge Ai.irtm.st ,f
INENS, COTTONS, WOOTlESs,
Shirts, Clothing,
Broad Cloth;
Tweerfj.
rtANSOMB. SIMS 4 HEAD'S
Steel Ploughs and Coulters!
l!g?M and IIilIli,
Oilcloth, Velvet Bars,
PIANO FORTES,
Bass Ale,
Blood Wolfe & Co's Ale,
Comat Ale,
Pi; Brand Sift
Oilmen's Stores,
Wines and Spirits, AitoM,
CELEBRATED XAP0LE05
Champagne and Red. Bar Claret?
FENCE WIRE,
CORRUGATED IROXR00m
BAR 1ROX, HOOP IROS,
HOLLOW-WARE,
OARDWiSi,
LEATHER BELT1XG.
EARTHESWXll
CLARIF1ERS FROM W. & A. 8'0IiL
Svaporatora
And Weston's Centrifugal
FIIOM MIRLEES. TAIT A WATSOJ,
FOU SAI.n TOAUBIVE
THEO.
11. jDAVIES
684 3tn 075
JUST RECEIVED
BARK "ATALANTA"!
AXI KXI'ECrEO
URGE AND WELL-SELECTED CARGOES
wm-m
COMPRISING
J3
THE THALBERG
T1IK wnth&sloaben f-U of a rood vwfd ?3
Piano, to meet tbU want the Thlbnc Fiuwtaw
duced Into this market had the pUonr!oU rk)
confldentlr solicited. Toes are m3
KTAxn.iitn.
Full Seven Octave Solid Iron m
OVEItSTnl'NO Bass Canted leri Roa4rjl
nets. Serpantlne Mouldings and Double stawwi I
wood Cases combined with CLEAU-laJ
IlU'lIXI'.S.Sof TOXE. UEACTYofta!""
the
Most Celebrated Make!
menu wlib confidence a ecn is Italy weitmp -
thwa Inarm men t will tw Urcelr flltd 3
LUUVCUU, i'tXUU IIIUIHTlliruH aa trm ns i .
for such purposes and aUo to Cleixjniea frftW'
thfctr rjullltfs.
It may be usked how It b possible to iapp!7
Warranted PIAXOatahontOQehairtMpnwrW
charged. The answer U plain. Tbrs arsssl";
Ronms to keep op, no grand MosleHalTtDM11"
noexpenslvetraTell!nsttntstopsr TbtPMai3i
Mottoes of the Thaibeix Hano are
A Piano for cerj iafy
small rnoriTs
lMth Zarrje Sales, ai
CHEAP FOR CASH'
'Gainst Dear on Credit.
Tlin special polnta of adrantan af Uua IMJ
31 E.N T AltKSEASO.VKO MATLBULW"
woramansmp. uotiorm qnauiy. tBu.su.""
0fT0neand3IOlt:ilATK PBIl'K.
lined from II. X S
IZL THE USUAL STOCK SIZES JUent of tie TnalWrs Pianos ht ti. E
I- or ine neavm oi in. ld i nxuDcrx rv -
at the cash price of
350!
Eat the slxe of tbe Instrument Is lncres 2
mm iiuf'inmi uca ci. w
has beQ added, malting without exnptira a
IraMlva, rt1 Kal .nA InalrtlniMI til IN WW-
' ' . " "7 . .7 I .7.7 uaa
li. rarues reaiaiua on any oi -n v . -
have Photographs of thes Instrutaeats rarTZ-a
For Bale by
BOIXES A CO.
SCANTLING,
TI&IBEB, PLANK, BOARDS,
FENCING AND PICKETS
also, orv ECIVI
A Most Complete Stock of
DRY REDWOOD!
Scantling ; Plank, surfaced and rough,
Boards, surfaced and rougli ; Battens,
Pickets, Rustic, lattice, Clapboards,
AISO, IX fTOCI,
A FINE ASSORTMT OF WALL PAPER
LATEST STYLES.
NAILS, LOCKS,
BUTTS, HINGES,
BOLTS. SCREWS. Etc
Paint and Whitewash Brushes 1
WHITE LEAD,
WHITE ZIXC.
PAIXT OII.l
AND OTHER PAINTS !
METALLIC
Glass,
Salt,
Firewood,
DOORS SASH, BLINDS,
ALL SIZES,
Of Eastorn and California Mako.
FOR SALE IX QUANTITIES TO SUIT,
ASD AT
PRlOBSi
eM 3m 174
LnnriconneS.
THE VXIIEItSIUXEO IS XOW W"
use
.......... .vp-nT-r. nr.rp'
ommooR photograph
.all
best qoaJtr. Commanicatioaa seat taws
Office will recelre promp attention. , rii
Labor Contracts.
0
The vi)cn.si(i.cn 1ATEJ?i
I'AUKU by competent Icl "H1'.!-.
reference to eiuteraai.rTM -
In this kingdom,
Blank Forrai of Labor Contra
Suitable for all cases, which tbr woaW mm 'rfc
to those deslrlns to employ ensnts, Z.Tuif
ance t t tney are to ooir tonus w- r.A.
In every particular with the laws r
Atenutin ihm oihr Iott wfil & fan
blanks at liberal rates for cub. riTtS30
TT K?i It X
A cents to take ickowlfd-mests C8a
Lbor, District of Kona, Island of 03-
Honolulu, Maysta, Hi.
Pocket Knives and QoldFe
Tne riXEST .vvsonT.icjiT",,,
PENS. In andPeocnca . sf ae- 41'
patterns, eser seen In uoan .
strong Box's KalTes,al
S33 lm
CITIZEXS AXI tirSMlEATS
LULU, Vlslt! meads a J, atlt
cordlallTlnTlted t attend "'"Zu'
CIIUBCir, where HerrlceJ art "rltZ,
o-eloclA.lL,andJ)P.M.
wno mar be pleased to arirw- u3
eTenlos Prajer MeeUnr at TS 0 O
uoooiftowDirn
ri
. .a, it:Er
l, IIILASO,Joekermhj"gVaW."J,
Vlnesar or world-wide celeDrttr"!' is'JZs
Water. Florida Water. Eaf d 5SU,,gf
Gljcerln. for tbe Hair. -"'Tl f'
other soaps. Violet and rei
ti. Teeth; 4c H. Sltraad. 2,l
cornhlll, London, soia " - - .rtM.
Stdsteied trade mark-aa herajtw

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