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The Hawaiian gazette. (Honolulu [Oahu, Hawaii]) 1865-1918, January 23, 1884, Image 4

Image and text provided by University of Hawaii at Manoa; Honolulu, HI

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83025121/1884-01-23/ed-1/seq-4/

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Qttttral ftrtf.wmsr.
garni. JJlrrrhjn&ir.
A CHOICE SELECTION OF
HOLIDAY GOODS!
Conslstms ! oi
Iisccs, Embroideries,
Trimmings, Tidies,
Satchels, Fans,
Childrcrrs' Dresses
1LS0-1 IMCE AMI HELL ISIiTEII STOCK OF
Beaver Hats.
Feathers and
Flowers,
''Just Received ex "Mariposa,"
aov?- Opened For Inspection at
A. 31, MELLIS',
104: FORT STREET.
3T. 2 Store Open till S P. 21. During- the Holidays,
3T p?eF
3E
WALTHAM WATCHES
SO AS TO PLACE THEM
"Within the reach of everybody
-f i--03WI TH 1-;
Simplest Time-Keeper to the JE'inest
PrnisTied Adjusted Watch.
I Warrant them all Perfect
In Every Way.
If you 'Want the Worth of your Money.
I Will Give it to You, in
A WALTHAM WATCH.
pvt. uLcinsnnFUNrsz:
grtural gftrtjundist.
H.HAGKFELD & GO
OFFER FOK SALE
INVOICES OF NEW GOODS
j vst inrnvim tek
BARK " C. R. BISHOP," AND
STEAMER " EHRENFELS."
TROH BREMEN,
. . Ut t part 9t B
A Urge Asst. of Dry Goods,
srcnAS
IVniraa. Brown aryJ'VtTatoCoctcc.
Drill. TfcAaffi, Tartar Ked, c.
Merinos, black and colored, 4 qualities
Ken Gobocrg Mretctfl. ItaSan Cloth, and
Dross Goods.
seen as
rirj rrit5,Tnrtj-riif tw, Mjlo,
rriatej Sattrecl, l"wspr. ITaMj.
Gmcrfama, Victoria lvai, Satia Jtnre
Faccy StrtpeI GrtniJraeeL
Wfcna !xU Japaaeae, Twfih, Sree-v
Xvrdraa. Silni asd Moire.
Kuk tad Colored Vttnts.
FIXE SILKS.
ISafk. GrwctaiB. laaor. Colored tad Suited
TAILORS' GOODS:
Boclslins. Diagonals. Twretl, ConU.
A Splendid Asst. of Shirts,
."Toolea. Mint CaUeo, m&ttj. Dcalm. dej
Umao&ad Cotton. Ciulmairts,
White- l!om iSuirta, Aew
Suck aad tocini, Haadatrchiefs.
FoaUni.GloTta,
A LAltliE INVOICE OF CLOTHING
AS
rise BUck Ooih Fred Coaiaiad Huts,
ttocisAtn rcAa, 1'lcU and Scit.
Frit, Mofcur. Drill. FUaari SacAa and tVaU.
Hot. S&irta asd Children's Jackets.
Montr. &ad Sailor Jackets.
1. B. Coats aad Lrcruie Carpet Slippers.
SUA. and L C Umbrellas and rarasrjis,
x'sary and Trarehng Mia wis,
Cotton aad Ttilnh Towels.
White aad Fancy tfralia.
Fttt lines lad Brawls Carpeting.
Uore liUo.Let. White and Fane; KanleU,
fanrr blrtrrd Wuulcc two aixe.
Scarkt. Onscv. White Voulen.3 and 4 ;uiuU.
i ortau. tar, rasuc. ccarxs
and VelTet Ribbons.
Bet toes fur Shirts. Coat, lints. Drrtsea,
rERKDMERV, FLORIDA WATER,
G&&iae Ea de Cuiocne. Labia Extracts,
Toilet Sjapj. ItlUxucae, Haw OU. CucnU,
llirrur, Glxsee. llpee.
L IL BancUanncaicas, Blank Books.
JUbcms, Gold Leaf, Jevelrr, Watches.
VIEXXA FCRS1TURE:
EiWnAitti. Ana, Dining Kouca and lrkr
Chairs. Srttwi,
Saddks, fUTf Ann, Gtrtha. Silmtp Leathers,
CRATE? OF ASSORTED CROCKERY
Caotaiainj FUIm Ccpa, Ttraivts. Bols,
Chambers Kice Duhes axtd Bakers.
Dmiioh&s.3aa4l5call ; KunW Bottle.
VaNM and Glawwar. MxiiUa and Tarred Hope,
JOHN MOTT?
At the Old Stand. No. 8 Kaahumanu Street,
TDT, COPPER & SHEET IRON WORKER
PLUMBING, in all its branches;
Artesian Well Pipe, all sizes;;
STOVES AND RANG-HS
VtbadM D-. K . i v -- lair t JUrnWfi.ltiertarttr.BQe,
llnss aac So. r j l,.sr:i. lf-.av NicUi lUcd acd Main
Galvajttzed Iron "Water Pipe, all sizes, and laid on at
Xorest Rates: Cast Iron and Xead SoiLPipe,
House Furnishing' Goods, all kinds;
Ift mat Frr Vxmr S aspK. iMi-u. f- -c Sep : oefwr. Scrt Lead,
1m4 rc Is rlc " x- 1 . - . " 1VL. trinvhl Wadi SUadfc
Chandeliers, Lamps, iLanterns
i
so. 5 siniAirrj street, honolui-tt,
Agents for the 'Superior' Stove
I'EAtXts IS
T- STOVES AND RANGES
SHEF METAL WARE OS HAND
OKJiAIETvuSDEI
TlSIffl.FLlM.raiHg
jj. m VTTRAt TED FOK.
1 17 IT LTD DIET C CirTIHPC
Montague Range,
ili SUES IS M(.
CICSJUU US Fms CI IrrUCiriCI
I I it rHUAL J. Sil Jj-
HtI Street Market. Take Notice ! : ;
..-me " ; Axil
12; r Mules! Horses!
AA7SmSS.&r BoUl California
liOOD JtAMTLY HORSES
wiUr .1 y TASlXS-Corai rf raackkvrl
aa4 Cfsvca MirrSi. Odaralaja.
Capt. John C. Cluner.
MSE, TT AT.t
& SAUSAGES,
IiOwcst Ratcs.
B CEO. CRAY.
Paints and Paint Oil.
A 1TLLI-IXBOFT1IESEGOOD;
rr m.v tr
nun a co.
Hawaiian: azcttc.
WEDNESDAY, JAMTAUY 23.
ImBc-SpecUl Term. Pec. gqiSSS-
J. M. Hcaax3c w. (XT. Orucx. ilrsrnr or
inrxio.
Tti i a action eta th r&w daiBiinc ilXX)
recuaai s iriuecntsors in ccm vi cna
fMn r4Ainr" land in VlV Taller, lets it
deaormt to on tha crocad that aa Act of the
LeciIatBr passed ta asu atnctxitxj m
atohcrtzrd certain Ixad aad vatcr iihra certain
xeaenbed tmuu In the mi oi xsooxt&iss back
of HoooJola be eoadecised for the rorrwaM of
the licoohira Water Works and rcunded tor the
arvolstseat of cmcnisskgers to assess the data
ares to iadindsals thss snstaiaed, and that the
jixnitiTs laad h sttsated iihtn thee Itzcits, bet
that the cocariiint Joes not set forth that appli
c&Uon had been taade to the eomuisslocers to-w N
tie the puinturs cixtm or tnat any starotorr steps
had been taken ta weero It. Tteronucsiof the
defendant, on arenment. vas that the common
law recoedj ox the ratstta lor 12 injiry com
plained of is superceded by ttt IMatcte referred
to. This i in eJect, a plea to the jansdicttoa,
for If the Court should hold that the rtatatorr
mnedr was excluiTeiio azsendmest coold cere
th complaint.
Tbe rule of the law is that "when the reaWj
pronded by Statute is complete, th. coramon
law receedj is superceded by the btatate and the
person injured xaust purfne the cocrsa pointed out
br the Act. In snch caaa the statatorT remedr is
notxoereljccascUtiTecpca th oonuaon law ac-
Ooo. tmi an enure snDsussuoa lor it ana rant; oe
excluiTtlj iTOSoed." Hills Era. Domsun. Sr. J7.
The cue sustaiBisf this Tirw are H.v tv Wor
cester 13 (.irar, COl; SteTens ts. Mhidiex 12th
Mass. UXi Oliin ts. italdvts, 1 ecd, tXZl U
tvt ts. Jiira. u .lie. -t . aca tsanT oicers.
In rewer ts. Chase S. Haws. U. this Cocrt
held that "It is a cener&i rule, where the comic ou
tveTsus. thai a btatute rentedf is tceruv cnicu-
UtiTe. tmlesa the common law remedr is expressly
or ttsptadly repealed. Bat it a btatcte confers a
rht. and an adequate means of protecting It, the
statctory remedy is exelasrre, asa if the cciorcisf;
rxtbanslis specsned, that, alone, can be reported
to. This principle was affirmed in Stone ts. Allen,
i&awn.
Says Cooler on Torts pac G3, Iiat the com
ica law remedy maj be exdaJcd by imrlK&txia
as well as by express necs-tire words; and where
that which constitutes the aetMiable wronc is rcr
Bittteti on kqsoo crotimis. Dot on coalition tnat
cumpeosation be made, and the Statute provides
an adequate remeuy. woereoy tne party injoreu
may obtain redress, the ltXtrence that it was tu
tecded to be the sole remedy must Rcncrally be
eosdanTv. It has been so held in many cases
where land or otbtr property has been taken for
pubue use unucr me eminent uomam.
At earlT as l;15k Farier. C J. itn Sirens ts.
Jliddlesex Canal U ilass. 40CV hrld -that where
the Lcuulsre authortMM the ratting & canal and
rruTfcles a sndal mode of redress for those who
are injured ta their property by the natural and
neceNtary esect ox casing ue nanai. do action zor
snch injury lies at the common law. The learned
jBdesays:uThe legislature ha taken care ta ptv
Tide & eneari. eoiT and coaTCcient moda of re-
drt tor ail who inirbt scler by the accotuplish-
toent oi a Rrcat penue oct, ana it xusst ue cua
sidered as intended by tt to deny the nmedy at
The same r-nscxple ts stated by iioar. J. in city
of Worcester ts. CocrmLwioctr of Worcuoter.
Iw Mass. as tollovs; The ceral policy of
the law in regard to private property taken tor
wiblic use is undoubtedly this: that the esumata
of damages shall be made in the first place by or
:o.x- cfe Rico Bqs
Of all sizes and qualities,
Coal Bas Gcnnie. Twine, Burlaps
Woolpack and TwiUed Sackisc, Lin
Lines llose,
GROCERIES
Sardines, in half and quarter boxes,
1L and P. Biscuits. Sah in fan.
Ctcr 03 in Tins,Stearice Candles, t, 5 aad G,
Uatchec Cocoanut IhL Wash Bloo.
Ucbboek's linseed raint OiL II WhiU Lead,
vcue inc rainx.
UQUORS:
De Laae fUs and BuoteUean Brand j, and
Hum, Gin. St. Paul IWr, Ale and Verier,
Port Wis, bherryr Khine M ine,
Fine and Table Clarets. Champacns.
G. U. ilcima & Co., bparkhne Hock,
Dry Uexdseick, Monopole, Ch. r'arre,
MoeUe. It- ic
German and Havana Cigars
ITited Ware Spoons. Forks, Cruets, Tea Sets,
vupe. xc.
HARDWARE:
I'ucktt and Butcher Knives, Scissors,
heep Shears, Needles Spoons, Files,
JIrs. Galvanized Basxns Hoop Iron,
Kec Urrets, Hammers,
Yetlow Metal and Composition Nails,
Babbitt MetaL bocar Coolers.
Iron Tanks, CUnnersdx. Alscs s-
Portland Cement,
Fire Clay. Blacksmith CoaL Fire Bricks.
Tiles, Fmpty BurreU, Oak Boats, dc, 4 c, dc
OrdTtfoatheetaer Uliada circfallj
anre44 te by
H. HACKFELD&CO
WILDER $c CO.
Importers and Dealers in
LUMJJEE
BUILDING MATERIALS
r.LL UIMIV
JUST RECEIVED
LATE ARRIVALS
LARGE AND WELL-SELECTED CARGOES
and under the circntcstancea of assent and po
wsaioQ the xaera wwmocy ox tne rrantec wm no
be held snScieet In law to act aside his deed is 1
servortedby tb doctrine of laches-an equitable 1
doctrine, bat which may be msooably applied to
the preeeat com where the coctiOTsrajlepends on
tha ralxiity of a deed.
Smith ts. CUt, S Brown Lead. Cue C30L
NorriaTS. Labrre, 59 Me M,
Evart ts. Bacon, 99 Mass
Oocmt vs. IVrains IK", MasaTL
If a verdict for the plaintiff must have been set
aside again, c e to leave it to the jury to de
termine the verdict. The authority of the Coort
to order a verdict It set forth by Mr. Justice Cliff,
ord delivering the opinion of the Surer-roe Court
in Commissioners vs. Clark I'. S. Suprecoe
CVort at p.?H. lie says wJdJc are no kmrer
nuired to submit a case to the jury merely be
cause. Home evidence has been is trod need by the
ty navinc toe ooruea ox prooi. aueea tae ew.
tee be of such a character that it would war
rant the jury to proceed in finding a verdict ia fa
vor of the party iatrodociry; such evidence. IV
cided eases may be found where tt Is held that i!
there U a fdtiU of evidence in support of a oo
the jud U bound to leave It to the jury: but the
modern decision have established a more rroa-
able rule, to wit. that before the evidetx is left to
the iurv. there is or may be ia everv case a rrelia:-
iuary question for the iade, not whether tbere ts
merauT xto eTMeseeoa( wnexoer mere is any
ujv-n Vhich a jury can properly proceed to And a
verdict tor the party producing it upon whom the
harden of proof is imposed.
The plamtiS had trial of his case under the
reliac and the Court properly inslrocted the jury
to Had verdiet for the defendant.
The cxceDtiona are overruled:
S, a Dole, tor pUlatiff; W,1L Castle, f or 0e-
rrndant.
Honolulu, January 13, 1?4.
In the Sapreme Cowl f tae Havaiian
Itlaads.Jjmary Term 1SS4
f , fV.-W rwWire -A7 f VtlW-.1
ilonox roa Kcuc to Show Carss.
And oow comes laal Neumann, the Attorney'
General of the Kuicdom. and moves the Court for
aa order to cite Daniel Lyons, pabhhsr of the
Li, fVwiiW. a weekly newvpaper pobluhed la
Hooolala, to be and appear before this lloaorable
Court, at a time and dav to be fixed by this Hon
orable Cocrt. to ahow why he Khocld not be pon
i&hed for contempt of this Honorable Coort, by
knvwiacly pabli&hiajr oa the 19th. day of Decem
ber, AJJ 183. in the said newspaper, certain
msiiaoas and libelous writincs reflecUnc upon a
division rendered by the Chief Justice of this
uoaoraoie ivurt in a matter men pending m toe
Supreme Court of the Hawaiian' Islands and teed
ins to brine this Honorable Cocrt and the admin-
itratioa of justice into ridicule, contempt, di
Attorney-GeaeraL
Dated, UonoatUo, January 7th. 14.
It Tiroccss lisae. returnable before the Sanreroe
Court Term. SAturday-llih January, lH. at 10
ffy tit Cert,
Vpoa a service made pursuant to the above in
formation, the said Daniel Lyons appears before
the Court aad says that he bad no knowledge in
fact of the contents of the newspaper, his sole
b(uins Wing to prtnt and pabli&h it; and that
the editorial bosiness was aone ny air. jonn Miei
don.
Mr. Sheldon thereupon voluntarily states to th
Court that ho was the managing editor at the time
the communication was received, and should have
examined it. but did not, being just then on the
point of rcigning his position; and gave it to be
set cp.
Neither Mr. Lyons nor Mr. Sheldon offer in
formation as to the writer of the objectionable
article. It is not deaied that the matter was of
Pioneer" Line
the character chaived in the information.
Tr-r TBfit he a rrsnocfiibilitT iomnhn for ti e
under the authority of some tribunal by whom it rabheation of libelous matter, and the role of law
can be made more promptlv aad cheaply than by 1 1 that the publiher is liable, even if he have no
the intervention of a jury." knowledge of the contents and be entirely ignor-
The Act of the Hawaiian Leotsliture. t.?l Laws i ant nt it home htwiiMH.
ot 1?00, authorising the Minister of Interior to t i HaL P. C 75,
take pottatftwion of whatever land and water may
oe reqBireu xor ine use oi xae iionoiuia ater
noras, ' proviues taai compeasauoa saau to
this was intended to be the &ole rsmedy is concli
aire.
Tte cxcepuQcs are overruled and demurrer sat
tamed. W. A.Kinney aad S. B. Dole, for plaintiff; W. A.
Whiting, and U. W. Ashford, tor defendant.
lionolulu, January irth, 1M-
Supreme Court of tlx Utvuui ILmds
In Ivxnro.
Tkb Kxxo IkisroxDExr vs. Ah Lx5, ArrzixiNr.
This cae comes here oa exceotioas to the deos-
ion of the Court overruling a motion to quash the
indictment against the defendant for perjury oi
the ground that it was not drawn by a duly quali
fied Attorney -General or his deputy.
iceiacu are coaceuea xo ce mat in May, t
Walter Murray Gibson. Minister of Foreica Affain
was appointed by the King Attorney-General l
t'Kffn'o. in place of Edward Preston Attorney Gen
eral resigned, aad that he held the position, and
acted as tfuca Attorney-General till the Uctobei
Term of tha Court at Ilosololu when by W. Acs-
tin citing cis uepciy appointee, tee lnoietmeat
was presented and the motion to quash it mi
made.
The Court have careful! t examined their decis-
ion ta Banco ia Hex. vs. W m. Kanaau 3 Hawa. U.
CGJ in which Chief Justice Hams deliyered the
opinion, and think tbev are bound by it.
In that case Joan S. Walker, Minister of Finaace
was appointed Attorney-General orf ittnn and
buwq Mmuu uj vuc muiioo maue ia uua cue was
made and denied.
The Chief J ustice says. It u said that the Con-
ctitatun coatrmplates that there should be foor ad--visers
to the King Cabinet Officers, and that it is
not conforming with the Constitution when two of
these offices are held by one person. This may be
&u Trrj ucf, uju may ue icu a proioaju cec
leet to nu an ice oisces would ce a neciect to rer-
form the duties required by the Constitution ia
this respect, but it by no means follows that in
case of a vacancy occurring bv death or otfcrrwi
Uis .liixt-tT mcit nuitcn nrecintatelv without
takiaz time to consider, and that he cannot dele
gate the authority to act for the time beint? to an.
other Ministerial Officer, or that all or any of the
iancuoc5ci government must oe suspended."
We believe this to be a sound exposition of the
law.
It follows that Walter M. Gibraa was duly ap
pointed Attorney General by His Majesty,, aad be
caa to hold the office Ji tin. Bat it Ia no said
oa this motion to quash, that the indict meat, hich
it a matter between the King aad people and the
defendant, a3 to which Walter Murray Gibson is
not a party, the Court by this surcmary process shall
decide that owmg to lapbe of time he ha become
only Attorney-General 4 fatH. and that he shall
be ousted from office. We think this cannot be
so done.
In Fowler vs. Be bee et aL.9 Mass.. pp. 31-4
Parsons CJ.savsthat HMr.&ndthtfvhoTirfee
to hold the office of sheriff was questioned coliat-
iiui i w wu ncuiu car can ae De
lecally heard in the discussion of this plea: al
though our decision would as rffectnally decide on
nw nue uj we uu.ee uuce were a party, i tus
would be judging a man unheard contrary to nat
ural equity aad the noiicr of the law "
This is a nresamt4ioa which may be rebattedbv
special circumstances. Was it so in this case?
It would seem by the statement of Mr. Sheldon,
that he was a mere emrJove. in law. servant of the
defeadant. He says he would not have permitted
ine article to appear it ne aad seen iu ii was ine
course of business at the office that he shoold
read or write all matter for the paper. Now. If by
his sot reading a communication, it thereby re
ceived a character of immunity, and all pervns
became free from reiipaasibility, clearly the door
wool I bo opened for the trrwpoasible publication
of any unlawful matter. The delegatioa of the
duty of supervising, by the master to the servant,
does not free the master. He is to be holden for
the neglect or indiscretion of the servant.
N'othinz arrears in this case why the central
role should not bo applied. No special circum
stances are shewn tending to induce a belief on
the part of the employee or principal, that this ar
ticle was one which need not be examined. Mr.
Sheldon si ys he ocght to have examined it: that if
had done to ce would not nave permuted it to ap
pear. Ice respondent, then, comes under the
Sneral rule of the liability or publishers for what
ey publish, and of masters for the acts of their
servants. It is a legal liability, without reference
to personal blame. In view of that, I male the
penalty a pecuniary one, and impose a fine of
January lCtb.lSc-1.
STJPKXME COURT-
Soecial Term, December. IS S3. In Banco.
Tux KxaTs.MiKxwEo.
The prisoner was foand cuiltv at the November
term of the Circuit Court for the third Judicial
Circuit, of the crime of robbery in the second
decree.
His counsel now moves the Supreme Court for a
new trial on three crounds:
tirst. That the verdict was contrary, to the
evidence.
t Second.) That there was misconduct on the
part or tee jury. k
i l UIU. A ld4 A luiur was uunBiiinni
The first ground was abandoned at the argument.
The alJecvd txmcondnct of the larr is supported
by affidavits of the juryman LoUiai, substantially
reciting that shortly after they had rendered their
verdict, five of the jury went to a Chinene restan-
ivioi
man, Kanehaka said Doat you pay, let the Chi-
rant near by acd tool
affiant was about
dinner: after dinner the
c for hi meal, when a jury-
dpny, meAning
Lad been robbed,
naman whom we have vindicated
the rrosecutiaz witness who hat
The affiant replied that this was improper, and
paid forhisovn dinner.
David Hoftkimoa says, he was not one of the
jury, bet uewaa writiac ia the restaurant when
some of the jurvmen came into the dining room
sne uicii wuu uuuicr. lutcuutuiru, iiuw
many are there of your the juryman anywered
Six of as. He then atfced, S'hoistopay?v
j ue juryman repiiea :
flee Oofcala Chinaman who was robbed will pat.
because he is cleared and we have convicted the
native. Another Chiaananstandiag by said.that
is all right, and they ware served, and the China
man who had been robbed handed tha restaurant
keeper SLTO. The affidavit of the last affiant's
wife is to the same effect. Ah Wi, a Chinaman, de
poses teas ce was employed in tae uctaese restan
rant and that seven jurymsn came to the restau
rant acd asked for dianer. I asked who was to
pay and they said the Chinaman from Ookalawho
was robbed, acd he did pay. Afterwards one of
th inn l-tPTi nn aril ruttil mm tvmtr.Kn
tiaetian between holding aa office it faeu acd de t sayine that he did not want the Chinaman to nav
jwrv." I for him,
"We do not decide whether he is sheriff Jjre of 1 EnnehAkn swears to a counter affidavit and savs.
the eoTxcty of Hampdea or has ictruded himself he was one of the jurymen who tried Makaweo
into the office, but as we are of opinion that he ia acd went to tLc restaurant in ouesiKm. dmed and
sheriff m fact we hold that is cSaect." ' paid for his own meal: that he did sav that the
. imirrnn og CKU KCH rOOOeU OUgDt lO pay ICT
XLL USUAL MOCK SIZES
SCANTLING.
TIJtBEK. PLASK, BOAEDS,
FE5CI50 AiD PICUTi
A Molt Complete Stcek oi
A FINE ASSORTMENT OF WALL PAPER
LATENT LlJh
HAILS, LOCKS
BDTTS. EIHGES,
BOLTS. SCSEVl S. Itc
DRV REDWOOD !
Scaatling; Flank, aarface and rospb
Board, anrfaco! and roc-h ; Uatttra,
Ficketi, Butic, Lattin, Clayloani.
JIM, is:to-i.-.
Fant and Whitewash Brushes
MII1TC LUB,
wnrrextscT.
PAISTOIU
METALLIC AND OTHER PAINTS!
Class.
Salt.
Firewood,
DOORS SASH BLINDS
Axx.si.zxa.
Of Eastern and California Make.
FOR SUE IS OriXTITIES TO sriT
Cotton Duck.
WooDnrxir kxtka. a rrixtno kt-eat-
Xtf-nx ie .ftj . n ,
SatlTwUe Cettea asa flax.
BulaU9 A Cw.
Kent ia his Commentaries VoL Z, p. 2B savi:
"Inthe case of public officers wco are scrh .-r
fact acting under color of office by an election or
appointment cot strictly legal, or without having
qualified themselves by the requisite tests, or by
holding over after the period prescribed for a new
appotnucect. as ia the case of sheriffs, constables.
etcZ: their acts are held valid as respects the rights
of third persons who have aa interest in them, aad
as concerns ice puiiie, in order to prevent a fail
ure of iustice.
In Sheehan's case which was a motion to dl
cbarce a man on habeas corcas who had ben can.
vieted, as he claimed by a Court which was only
a Court rfe arts. See It: Mass. pp. 415-6. Gray
C J. decides as did C J. Parsons In the 9th Mass.
case cited; aad says, to decide otherwise would be
Tnoocsistect with the convenience and security
of thepebbe," acd f cither says, The appropri
ate form of trying bis right to exercise the office of
a justice is by information in behalf of the com
monwealth or perhaps by action against him by
See also 3 Mass. 2U
. The doctrine of these cases as to officers V .,
IS Sustained bv a loner Imm r.T anthen-ttrca in Vnn.
land and America acd we hare found none que-
See frtate ts. Carroll 35 Cccn rev. ill U.fi-
ucnDoutii.inaxw an excaasuve cxantica
tioa of Kcriiih aad American lcthnntiMMniTrMv
ass with the case of The Ahh at Fnnniifn to.
ported ia the Year Books in 1 131 where it is believed
the doctrine was arst established and reported, acd
finds scarcely a case against it from then to the
present tan.
See Woodiide vs. Wagg, 71 Maine If-, p. 37
Brown vs. Lent, 37 Maine IL, iZX, ISXPepinTa
Lachccmeyer. 43 X. H, pp, 27, SJ, Nelson ts.
KWfaei. a. xu, pp. H-
These asthontics are sefficiect oa which to over
rule the excertinr.a.
Ia this case the dei eadact ''' that he has no
remedy by 9 Wrrto, because the officer is the
Attorney-General, acd he has charge of moving for
that remedy.
We are cot called upon to decide cow wlat rem
edy ice ceienoaci migct cave, bet enly to ceode
as to the validity of the remedy here sought. Bet
ice cases in ice 3 and iz: yum. IL, cted are au
thority for sayias that the defendant who U mr
grieved might proceed directly to attack the officer
no wracks cim.
We thick he would have sccha right enderthe
ijocaramioc.
The excecticcs are cverraka.
W. A. Whine g, Deptty A Uorccy -General for
the Crcwn; HartwelL and Smith A Thurston for
Hocolaln. January, lCth,15SL
Swpreme Court of tae Hawaiian Islaxtds.
apciaJ Term. December. ISS3
Kaxixc vs. Lovxxi
I O-rt ey MrCmRv, J.
trial of this cause Tenlurl vu
lor the plaiatm xcectiana m thu fei-
ioxwcicKiouwioT utc uoon see Kaxaala ra,
Loveil, 4th Hawn.H,n. eoi.cn the groacd that
there was no evidence tecdrsrf to attai-t th r.l
by which the defwidint held, execsted ia ls23 aad
on record srece 15C3, and -pj from the custedy
M miKMtfM j", except ice oemai ox ice
alleged grantors. Nttaaca acd his wife, joicrcg
to release dower.
Crwo the trial ihm iwnc'iH-n intM
dered a verdict far the defendant. Th r4irti?
ocrpta and contends that there was evidence ia
OTreuorauoo ox ice xesamocy gives again by
Nuasaa and his wife, the grantors, decyicg their
erecatioBof the deed, which ought to caie been
sabmiUed to the jury. We have examined the
evidence aa seat cp m the tall of exceptioas.
Taking out the testimony of the cranton w ftrw)
t evidence to wpport the pUic tiffs pmpoauioo
TLe eSer of tte otfcer tMlimnn tr ,i v
leced gxaators oc retsxaxag froca a yiait to Hono
lulu dated that they had eoM their laad. This
was ia XSSa. The afMiTit entered into po&aes
sioa etaimias under that dn3 fs iwr, xv. rj.r-..
Uff claims that this wai a permosive sot ad
Terse posBewnoxu TLi ia not aapported by the
endetioe. The nUinttff therefcre cpon the tctxsji
trial mie no case on which br lh mlrr5- r ts
crt ta Banco a verdict for him eocld be scs-
.aic. (wioc uit uicr aaca aupae ox tree '
the dinner of the jurymen, but that Lahian said
that it was improper, aad he and Lchiaa naid for
their meals themselves, aad that the said prosecu-
ncg witness uiu cot, oe ions or alter tee inai or
any time offer to pay, nor did he ever pay or offer
u pay acy mooey on acccoai or amani as ice said
rentacrani. mat cis statemect teat the Cnina
icaaocurhttoravwasniadeonlv talaihian.
W'aiDUilani swears that he vent to the rextan.
rant, diced and paid for bis meal himself aad that
he was cot invited by the Chinaman to dm at his
expense, acd never spoke to him before or after
the triaL
The statement was tLcdonbtedly made by Kane
haka at the restauract that the prosecuting wit
cess in the case of the defendant ought to pay for
their dinner. Bet he and Waipuilani whom the
affiants on the part of the defendant especially im
plicate, emphatically deay that they allowed him
to pay for their meals, or that he offered go to do
and say that they paid for their meals themselves.
But the affidavits of Hcakimaa aad wife and the
J restaurant hand, are cncoctradicted that the pros
ecsunjr wiracss is ice case aia pay xor certain
other jurors meals. A proper sense of honor
should have prevented the jurors' accepting this
favor, and if it had been seasonably brought to the
notice of the Court it would have subjected them
to reprimand, but it does not seem to as to be mis
conduct of sufficient gravity to vitiate the verdict.
The thought so doubt originated in the juror
who called out that the Chiaaman ocght to treat
the jury to dinner acd the ignorant Chinaman co
doubt thought be ought to do so and did pay for
The case cf Kalaeokek-oi va Kahann 4th Haw. It
tK3 cited where the Court ordered a new trial.
In teat case the intoxication of a juror was 8 effi
cient upon which to set aside the verdict, but the
Cocrt could cot pat out of sight the gross offense
against the dignity and punty of jury trials by the
succeMful defendaiit'a inviting the whole jurrbe-
uce liiej 1.3X1 (eik uis coon room io a ice as nu expense.
As regards the third point. The affidavits show
scat cue tiouDoiawco was drawn on the jury in
this case had expressed an opinion before the trial
acfavorable to the prisoner, saying fct he had
led astray his r the affiacis) foster child and was
Irvine with her. The ensoner makes affidant that
he was ignorant of thw statemect of the juror, or
that he vxs prejudiced against him; bat the pris
oacr does not say whether the fact that he had led
astray tee jurors foster daughter and was Irving
with her was tree or not. It t evident that the
cause of hostility must, if true, hare been known
to the prisoner aad it was his duty to have chal
cenged the juror oa that ground before he was
sworn.
New trial ref ned.
W. A. Whitiae. Devttr AttornT-nnnl fm- iv.
Crowe; W. A. Krnney acd C Brown for defendant.
uoaoiuis, January un, ism.
FROM LIVERPOOL.
HIIJI. II. DAV1ES I CO.
OFFER FOR SALE
From the Cargoes !
or the
BARK MAT.T.SGATE
s. ASD ........
Other recent Vessels
THK roLLUWlSU
DRY GOODS AND CLOTHING
Prints of latest styles, fast colon ;
Blue Denims, White Crodon She ting
llorroeVs Lone Cloths, Trown Linen Drills
Waterproof Tweeds, Towels & Towelins,
Glass To welt, TaUo Cloths, do, Napkins,
rare Linens, Shawls. Grenadines.
DRESS GOODS. WHITE & COLORD SILKS
Colored Satins, Grass Cloths,
Artificial Flowers and Feathers,
Cotton Handkerchiefs, Silk Handkerchiefs,
Woolen Table Covers, Cold Satteens A Cm pet
Fancy. Mixture, Woe and Gray Flannels,
Victoria Lawns. Krooka Spool Cotton,
Lace Curtain, blue and white;
Chech LUIadds, Fancy Dress Goods,
Fancy Haid, KegMU Shirts, Wool Shirts,
White and Colored Cotton Shirts.
lUot Keefers, India Itabber Coats, Capes and
XiriKKUiK1.
Men's White, Kruwn and Colored Halt Hose,
ladies Hive Men's lleady Made Clothing,
Men's Hats, Hlue and Gray Horn KUnkets,
Woolen lUankets. all odors, siae A weights;
Velvet Carpets, Yelrct Hugs, Ychct
and Tapestry Door Mats
SADDLERY
A Full .Usort merit ot tienta'. Ladle' OUU'
and 1Wjt SaJUles.
A fe JlXafiY SAUBOS,
liriJKn. Skill. OoUiii, Chamois Skios,
Susar lt.UiS, 20x36; Coal 11ACS,
Filter Press Baes,
aa x oo.
SoniethiiurNeir anil In Great Demand
A FEW OM.Y huiai.xi.m:.
Tbe EAUS are aiaj. to Fit Otto". . tad
ate ef tat rUht Mt aad pivpvt teitur .
RICE BAGS AND TWINE.
calvanized:
CORRUGATED ROOFING
la S, t, s, i I tt. lcnith. (tl ciujt), mrii Warttt
GALVANIZED KIDQISQ.
Annralnl Fencs Wire, Not. i. 5, 6, 7, nJ SUl'lM,
uair iron ltnclru, au aueu;
Uair Waah lUstns. OaU Uanlca Uonlcrinjs
nsj Nttinca,
Tinned Iron S&ocrpiuu, alt aiats;
Tra KetUM, Kil Jaros UUctinr.
1UVIXH ltlUCKS,(iAlU)EX TILKS
Garden Kollen, Lavu ieata and Chain,
Vmbnlla Stands. Iron Serar.ru.
U.tHooU and Hula, L-VWK TENNIS SETS.
Clothn Kisttts, Uand Uutcta, Wotk liJsXctl
Crockery and Glassware,
Fancy CUsi Flower Stands, Fern Baikcts, etc.
PORTLAND CEMENT & FIRE BRICKS
Fire Claj, 1itinc, Chalk, Yellow Ochre,
Roonng Slates
Lirerpool and Kock Salt,
ZINCS. PAINTS AND BOILED OILS
Worceater Sance and Groceries,
English, American .V Hawaiian Flain
3, 5, and 7 yards lengths.
TOPSAIL SHEET CHAINS
Admiralty Test tizes; S4,,", S and 7-10;
Powell Duffryn Steam Coal
STATIOXEliV, IliOS BEDSTEADS,
EXGUS1I LEATUEB BELTIXO, 3 to II;
FLO OR OILCLOTHS
STEEL RAILS,
1JR. Inrat; Hlb. aad lSlb. pi Yard.
Fish Plates, Bolts and Nnts
RAii.no.tn .sriKKx to jiatcii
ONE SIX HORSE-POWER
PORTABLE ENGINE
ALSO, ONE TI1HEE HORSE-TOWER
VERTICAL ENGINE
MJEIV OOOliS
IjNrCLUDljNTGr :
Fresh Millinery,
Feathers, Flowers,
Hats, &c, a&c.,
ON MONDAY, DEC. 3d, 1883,
New Goods by Iate Arrivals
FROM SAN FRANCISCO,
NEW YORK & ENGLAND,
Received by Castle & Cooke
ALSO. TO ARRIVE BY VESSELS DUE FROM ABOVE PORTS. AND
Xoiik Noi.il ATliOYTKSl? HATES
&c.
TIIEO. II. DAV1ES t CO
E. O. Hall fc Son
nCALEItS IX
ALL AND SEE THE NEWGOODS
WS" AT -S
C. J. FISHEL'S
ft .. OPEJY1JVG :
OTP
GOODS
Suitable for Plantations, Country Stores
OrFAHlUKS. Ottlers KilltHl nt Shortest Notice ami nlth Satis
taction to I'nrchasers.. Attention is Called to Onr
Improved Paris PLOW
THK ONLYtlKNflNK r.VItlS I'LOW MADE lr IVLIMIKD CAS-T STIKL. a.d f.....,..j
Kaul,tt aol IVtln.thiB r Mrrl llrraklo- t'lo. Ia tke Jtitiet. li.5S.J!I;,,,',
tlorMlloe rU&rt Jr. t. KahT. insdcot twal ttnl tooar mdrr, naatrn Jtai ... . .
Milba, A a. aod tick St.nn.V.. lltl, lt. Adlr. tM. .Vi adMbVV haadln: ttttdVl. V4I
Lr.lXrr Keillor, 1 to tetaea. W ,ltj . ladla l;M,r llo-e t. , T, 1VI !i m letSi' vSJS"
tla llo, Allr foe tre aad ml? Br!: IVtt.ole l-orjr., EirlJ A.Vll.. v,Sil riatn.. 1
o.r toni and Aibnloa Meam facklas. Ikrt Hat ladla Kobber Meam Ivklac . in 1 l,a .
BabUt Jlrtal. Lae Lealher and Uclnt ladla ltacbrr blr.m 1-nlln, roiij ffid Maari Sli'.l....
A.bc.t Boiler Ccmlair aad blcanrfp. do. .Vaekuery oil. latd.V;."."tjSlffiiV,ou
DISSTON-S CELEBRATED SAWS AND FILES. ALL SIZES t
pat A JaekHa' aad t-tabV. rtle. Hammer, roe Carpenter. Vicblal.u. Dlukamlik. a
Cat aad Wrosl Xallrs all .lie.: llor.e aad Mate SiwTallJTbalVsKa
Latest Improvements in Shelf Hardware
ItabbaeaS It L Oil. at err Low Itte, Ilabboea'a Wllle and Red Lead.. Zlae Cmall r.l.i. I. rvii
IlUk MarwlartosCo1. steam mi. Irrieatlnt and V.rn.ro rtaSitovfftW4rI!!h .
Barbed W Ire, rialn Featlas W Ire. tlalianUed Kwcnt. r ' " " -'tlfnl.t
STAPLE ID IFv-Y C3- O O n M
trnlw,Sr4lo, Tltllnr. A C A, 11 tad l Ulrtchfl and VaMrkfd Cotton. Raisla Mi
Brown and UtcachcJ UrilI,lJat:o Mitctins. MoiolW Lktv Nrt, nine intl M4t!rt KUnnH '
A I'lnf Afjoitmtat u( he FUncIr Alw,
STAPLE GROCERIES, Golden Gaio, Star it Superfino Flon
.l:o, Califerala lime, rortlaodaad IljrCraallc Cement.
For Keroseno Oil We Offer THE PALACE, ana Guarantee
it cannot bo bent for quality- or price; also, THE
VTJ1CAN, a good oil and above test:
WOODWARD & BROWN'S CELEBRATED PIANOS
The Cheapest Uool Viauo;
New Haven Organ Co.N Parlor Oram.
p. M. CAKTXIL r. (.UB11
S. M. CARTER AND COMP'Y
ti Kins M Ueiiolata, U I lli Ui i th ii
Firewood Coal aud Feed.
We Konld not Iff ihr tmKic aTsdhonirtn-iKr" In rar-
tknUr, tnatefcep m hand acd for lf la qnan-
tilif io anil partnCT ina kw ri reus- r
follow: Hard anil toft Wood, cuiany lrnrtlia;Cbar-
otrtoak cwcawic t oai?, coitn icair.
and the Cclrbrvtrd vlUn-tva Jlia
Ucpirtnre DyCoaI; also.
Ularktin.tbV Coal.
The above can be ordered bjt.phon or Pibette'
and immediate dcllttry caarantted.
GIVE US A CALL!
Telephone No. 305.
T ALSO KKIT i.V ihVCK
3E3.vy and Oats,
Calif omia and New Zeal&ntl ;
Corn. hole and Groaned ; Itran,
Barky, Whole and Ground ; Wheat.
Middlings, and other 1'ced.
r5? Order the abote through
TELKWIOXE NO. 3X
and we warrant qnick dtliTerp, and fill weight.
uruers irom the other islands eoucueu.
FfiEE DELIVER Y
to all rrts of the city. Itemember
82 King Stmt, and Telephone No 18L
AVki
Hall'sSteelPlows
CatUasfromStolSlnchei;aade for then hy
tle Moline Plow Co.
ACxrvICULTURAL
IMPLEMENTS
of eTery deetriptloa needed m the It land.
To the Proprietors of Sugar Mills,
A S AG TINT" FOK FIRST CXVfeS
-M. -ijmA?rs, tha CBdmlrsed la prepved to Con.
tnet lar taikJia; Perforated IicX Air Form&eu (wtLh
rxeat diMtch aceordiBr to Ue deffraa ef the U:
ctifcru CLezalcal Profvam IVaarjr. formetly pro
feMor of ChemeatTy at iht Andcraoeiaa CnliFrttlj,
GU4ZOW, afeoclaed,-rrcietisz alt perttei frm uj
mariaaiT Xaeat tafriamnrat er Bormltlea akk
apair ia aouwij oc w wc au dtBtiua Ue n
a&fl ebcalad (mi bxTatnr the antnAlntifrm
I roUera, tCtrtlcz peraaout objeeta. Tlx; Sarin- f
m E. UgLg KlQagea Mrer
Steel Rails !
18 Lbs. per Yird. with Faattninpa.
Just received per Mazatlan
r- Aad Ut ii 'n Wr
I&Eiclilelcl cfc Oo.
palm)
Blocks. Oars.
SMAT,T. CIIATXsAXCnoitS .LVD
hxia Cabin: as aeaortmntt f urr.
RANGES
OF ALL SIZES)
KITCHEN" ASD HOUSEHOLD UTESSILS-of
all kind.;
PAKTS AJ.D OILS-of an kiada:
LUBWCATIXO OtLS-bret itock ta lie market;
KEBOSEXE OIL-Dtnmcr'a, Noaodaj t Lutral;
SILVEK PLATED WAKE-frecn Reed Barton;
SOLID STLVEBWABE-JrontheOorbamOo.
POWDEES-aU kmda, from Cala. Powder Work!
CARRIAGE AM) MACHCiE BOLTS all Altt;
Slieir
HARDWARE
A Splendid Aaaortmeati
LE-VTIIER or AH llescrintions:
fir Oar Good, art f tk. Wet aaalirr: an kcet
brceaksarealwaTeae.. I'eeMrticalzri.ve refer m.
V""" niresDs umitf KsatniiE
UTUSS9C wkka w.lll lead u aar Me arm mr
catin, ar call aad eiamlee mr SpteseUd S tet of Ced
AT OUR WAREROOMS. coraer rm an
Elaj Steu, Bcarisla. rt
S. M. CARTER & Co.,
11VIM1 IlUlttllT tiii:
LEGAL TENDER QUARRY
ari: ritLiMiiirii to
Furnish Stone
Building Puruoses,
BALLAST for SHIPS
IEACH AND BLACK SAND
DUMP CARTS
Alwaj-l oo bisd t. fill ordere at .hurt aollce aad at
nut r.niiii: tiii: .m nntitt
8 a 331I1MG1- sa?H.TD33T.
r,i Telephone 3Qg. uii
ICE CREAM!
MV,1i.A- "-VtT,,AS irsT ,s,i-
AiJ- laracd from Saa Fraaeleco. aad aa opened aa
Ice Cream Saloon !
STTLF.D
The ELITE
is cosxicnoswrra
THE ASTOK nnrst Xenn. Hart Brm. Eve
reoOTHed"TIIEIiIlei rABLoK."aad Uelr
tJJaMedfrtaWl.kmer.t. are bow tfc. nse.t la the
y-.j-i i hakt Bco5..rropnctom
TDT. ! GOSSIP.
TIIEnKISX)II)rJK(!0SllMIOV
eeer. that Ue aadertted wIIJ ttke Poetralu la
"T .trfe or Tie., u order ta tk. ben tljleol tie
Iolorrtablc Art. aad ea tkeaaoet lleaaoaable Tense
, 1 'I'.' I?1 J'I w" H7 k will aol trr to
plea," rerke alW.j, wa. aid wfu be wllllnx toalnie
ererjoae who caa be ratted; aad Beter treated aareae
SiJ.iV"L?4,"Trt',i." " ,"r otlerVKi
clan la a imcffBiMtf. TJo r.nt iiatn v
come and tee for yoanelf-there is aloaj ta aide to
SALAMANDER FELTING
rou
t'veriis filers, Steam Pipes
ETt ETC
Saves 25 per Cent, of Fuel-
PEICE SEDUCED TO $7.50 BBL.
THEO.H.DAVIES Co.,
J.T.Waterhouse,
IITI lAM-ttTI(l tir THfc
Following Goods Just Received
Black French Merinos,
Ladlca'aad Grot'a Vmbrvllaa.
unea Mtertt&ff. riae SIHtf.
Ladica' and Uent'a Hetleir.
Eabroidrnd Cloth Table Cot era
Ladies' & Gent's Underwear,
Woolen & Cotton Shirt,
llRUE A.ViUR'f JICXT or.
White Linen Shirts and Collars,
LATEST NT ILK;
Wool Dree, tiood,,
Ladlea' Hat, trimmed aad BBtilmraed,
IHtrlcb rcatkere.
Edging-s and Insertions,
a rise lot or
SCOTCH TWEEDS,
New Designed Prints,
And a Crert Variety of both
English and American Goods
toii si jtKiinisTojtr.'rrioT.
A General Assortment of
NEW GOODS I
is ont use
J.il nrcetted per Slmr Alaaeda, Ucladlax
Groceries, I'roYisions, vt Feed
SALMON !
A hire .aaaUtr of SALVOS', la Burrl. aal
half Banc! (Colombia Klwr aod- Sortkera).
Bolles & Co.
JTJST RECEIVED
nv
C0iTCHEE&AHUJSTG
lOKT hTKEET. A DOVE KISO.
New Goods of Various DescriptiMs
IS
Chinese and Japanese Ware!
ALSO. LATEST STTLE OT
EUROPEAN NOVELTIES IN JEWELRY !
ISCLUDISG tOXZ
INE SETS OF TIGEIl CLAWS
Silk Handkerchiefi (heraititchtd).
AH colon aad ealltlea.
A HIE ASJOKTSrXTOr
Japanese Lacquered Ware
AIM, 5o. 1 nice F.r Salf.
ij
C. C. STRATEMEYER,
PRACTICAL
SIGN WRITER & GLASS EMBOMSE
2? . r JliLBf ia. iiw it. -m
The Tourists' Retreat,
At Hontiapo, Kan, Hand.
"oiaUoae. BuWIe UorAAe, .? THE CtnTlAl
'""e Hone. p. U OtWat tk. iTuil. fer
llti.. . ""J" aaerowadlal tear
rj-irufia jjoderitl
Teas, Teas, Teas.
A VVIA: AHSORTM EST OF J AT-
XX .3 r u. Fbl.A T. r- , .J
T MIXES ACS.
iaVlM'rg'.jgti

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