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THE HONOLULU REPUBLICAN.
VOLUifE L. NO. Gl HONOLULU, E. T., THUKSDAT, AUGU.sr 1900. PRICE FIVE CENTS
CHINESE INVADERS 101
BIBBED FRd HAWAII.
Judge Estee Puts Up
the Bars Against
COURT RULES UU SAM AN ALIEN.
CELESTIAL FAILS TO MAKE
GOOD HIS CLAIM OF HA-
orroborated Chinese Testimony
rlis Little Weight in the Federal
Court Evidence Must Be
' Jge Estee of the United States Dis-
ricfourt rendered a learned and im
portantcfjl011 yesterday, a decision I
ur reaching?- ts results, inasmuch
.b It forever debl an Evasion of
Chinese to these sHC?8 under the
iiurious olalm that they were born
Lt re. A great American princ$e bas
jt on upheld by the able jurist
There wm a deep-'aid , Wm to
..liS'lmcy to make the United SU'-s ; fphe petitioner, Lau Sam,
at Court of Hawaii a vehicle ior jbered nothing of his residence on the
nloadtag a horde of Mongolians n Hslands and testified that he knew he
... born here because his father had
his Territory. This threatened i,, 3vas witness.
.on oi an nmiewraoie ciass nas i
Mly ben throttled In its infancy
The decision was rendered in
.r .w.. w i .-,-
decision bears so mucn thouglit, lea n-
.ng and legal knowledge, aside from
m,)urtance. that it is published in T
Republican with very little abr.J:
The court bays that the writ was iM
sued by the court and directed fi -i
Joshua K. Brown, United States im j
migration officer for the Territory cf 1
Hawaii, the petition alleging that the
petitioner was illegally restrained of
Lis liberty by said Brown as such
I nited States immigration officer. Up-
i n the coming in of the return, which
.wis made and vorlfled by E. R. Stack-i
i i,i,. thn. iiw,t, r .,, f fi.oi
.' , , ...... I
lort of Honolulu, it appeared that thej
I Mi. oner had been and was then in
t v tustody of E. R. Stackabie, as ool
r of customs. Brown being simple
Ii . assistant.
The decision then states how E. JL
was substituted as
Cnt in place and stead of Joshua K.
ihe decision then recites the
made in return to the writ by
Mat kable In the dotontion of the
ontTS. Stackabie sets forth that Lau
- 'ii is a native and citizen of China
. t . an alien and a laborer; the
of petitioner as a steerage
- iiser ut China on the steamer
i'tio. his arrival at Honolulu and 1 is j
. l ' pt to enter the Territory of Ha- I
-i,i He had examined him as to tils
hi to lauS in the territory of the
l btaies and become a resident I
and atter inquiry held that I
in :am was an alien lnoorer and not
itld to land in the United Sta'os
litory or become a resident thereof,
A further determined aud ordered
at said Lau Sam be deported and car-
i ba.k to China to the. .port from
.. .. . ..
w hence he sailed at the expense of the
company which had con-.
tHl him to the port of Honolulu.
Thereafter in August, 1900, the said
Liu Sam appealed in writing from such
i.et iblou of the collector of customs to
the "Honorable Commissioner General
vf Immigration of the United States I
f Vmerica." as follows, the anneal lin
ing addressed to Messrs. Stackabie and
The undersigned, an Hawaiian born
citizen who arrived at the port of Honolulu
from China on the 30th day of
lune 1900. hereby appeals from the
made by you and each of you
jslng to allow him to land In the Ter-T
'cry of Hawaii, to the. Honorable
C mmlssloner General of Immigration
of the United States of America.
' This appeal is taken on the
'iat the undersigned, having been born H
t the Hawaiian Islands, pursuant to
'crniisslon given under the law of the
1 nited States of America that Chinese
Persons born la the Hawaiian Islands
or United' States territory, and being
duly qualified and entitled to enter
ta d H iwailan Islands after a temporary
In China, he should not
ha've en denied permission to land."
ThJs signed "Lau Sam. by his
F. M. Brooks'
Thereafter the Coptic sailed, leaving
Lau Sam In custody of the collector 1
pending his appeal. On August 1 he
withdrew his appeal, saying that the
friends of Lau Sam and Lau Yuen,
detained Chinaman, "think that
the time and expense will be too
Joshua K. Brown. Chinese Inspector,
receipted for the withdrawal on August
J saving it was received "too late to
gt these people from quarantine static:
before sailing of S. S. Coptic 10
The return of the collector further
Uleged the detention "of the said Lva ?
bam under the statutes of the United
States In such cases made and provided
and that the same is final and
conciuuve in uie absence of an appeal!
to the honorable secretary of the
nry of the United States,
Upon the hearing before the courE
the petitioner Introduced testimoay
tending to show that he was one of tht
four sons of Lau Kam Choy. a
or planter formerly residing'
doing business at Palama, a portlonf
' the city of Honolulu and of Yeong j
Shee. his wife. And It was claimed W
that he was born daring the sixth, yea-of
the reign of the Chinese emperor
Kwong Sn. according to the Chinese
method of computing time, so far as
could be gathered from the testimonv.
; v cuM be about the year 1SSO; and Uvtt
Lau Kam Choy, the father, -with his
lamuy. including the petitioner, who
Hawaiian Islands for China, where he
has since continuously resided, a nar !
iod of between sixteen and seventeen
Four Chinese witnesses testified that
petitioner was the son of Lau Kam
Choy, born at Palama. One of these
witnesses. Lau Duck, who claimed to
be an uncle of the petitioner, testified
that the petitioner is the same
known as Lau Sam, who was the son
of Lau Kam Chov and who was born
at Palama over twenty years agd and
who left these Islands in company
with his father and other members of
the family over sixteen years ago. Lau
Duck, the uncle, who was not present
in these Islands at the time of the
birth of Lau Sam and had not seen him
from the time he left here, over sixteen
years ago, when he, Lau Duck,
went back to China, where he claims
to have seen the petitioner and been
introduced to him as Lau Sam. Lau
Duck testified that he remained in
China about two years and saw the petitioner
frequently during that time,
and then returned to the Islands of
Hawaii, about two years ago. He next
saw the petitioner shortly after he arrived
at Honolulu a few weeks ago. '
He testified that he knew Lau Sam
was coming back to these Islands
Lau Kam Choy, the father of i ,
Lau Sam, had written to him, advis
ing him he was about to sail for Hono-
-1..1.. -...1 .l 1.1 J
pne of whom had been associated with
tits father in business, testified that
he petitioner, Lau Sam, was born
there; that they knew this because Lau
muck4 the uncle, had told them so. All
ohe If." materlal facts are sustalned only
ihy Chinese and mainly hearsay testi
mony. There is no white testimony to
'establish any of the alleged facts.
To my mind the evidence is wholly
insufficient to establish the identiy of
the petitioner with the Lau Sam
claimed to have been born here some
twenty years ago as the child of Lau
xviuu wiioy ann i eong anee, nis wne,
or that Lau Sam was born here.
Similar questions involved in this inquiry
have been considered by other
United States courts. For instance.
Hip case of In re LouieMTou, decided
b the United States District Court for
the District of Oregon on the 14th of
September, 1S99, and reported in 17
Fed. Rep. 5S0, are very similar to
those involved here. In that case the
. "The petitioner claims that he went
away with his father sixteen years
ago, when he was 3 yetts of ago.
Three Chinese witnesses testified that
he was the son of Louie Park, born
here. One of these is his brother, an
other is his father's former partner and
a, u " , Vnmese .lor ,
uuuiiib iv uave ueen present at aiu
birth of the petitioner. It may be that
the petitioner is the son of Louie
Park. I have no means of satisfying
myself that he is what he claims to
be. unless I accept unreservedly the
uncorroborated testimony of these
Chinese witnesses, and this I am not
willing to do. I am not willing to establish
the precedent of admitting
Chinese persons who have admittedly
remained out of the country for so
great a length of time unless some
white witness or some fact not depend
ing upon Chinese testimony corroborates
the testimony of the Chinese wit-
nissos relied upon to establish the
identity of the person who seeks a
landing. Those who leave the coun
try when infants must not expect to
gain ready readmission after they have
in effect reached maturity. If satisfactory
proof of their right to land is
not possible in such a case, ttie fault
Is theirs. The difficulty is one easily
The court also cites Ling Sing Far
vs. V. S., 94 Fed Rep. S34, and cases
there cited. Gee Fook Sing vs. U. S.
49, Fed. Rep. 147, and continuing,
says.its was said by the Supreme Court
of the United States in the case of
QU0Ck Ting vs. U. S. 140, U. S. 417, 120
"Undoubtedly, as a general rule, posi
tive testimony as to a particular fact
uncontradicted by any one, should
control the decision of the court, but
that rule admits of many exceptions.
There may be such an inherent improbability
in the statements of a witness
as to induce the court or jury to
disregard the evedence even In the absence
of any direct conflicting testimony.
He may be contradicted by the
facts he states as completely as by direct
adverse testimony; and there may
be so many omissions in his account
of particular transactions of his own
conduct as to discredit his whole
story. His manner, too, of testifying
may give rise to doubts of
and create the impression that ho
is giving a wrong coloring to "materiil
facts. All these things may properly
be considered in determining the
weight which should be given to his
statements, although there be no adverse
verbal testimony adduced."
In the case at bar I am convinced,
after a careful consideration of all the
testimony adduced that the statements
of the petitioner and the witnesses produced
in his behalf are so highly improbable
that their testimony Is unworthy
of belief, and I hereby remand
the petitioner. a
Court finds against the petitioner. It
is therefore ordered and adjudged that
the said petition be denied and that
the said Lau Sam be and he is hereby
remanded to the custody of Edward
R Stackabie, as collector of customs
for the port of Honolulu, the respondent .
herein, for disposition according
to law, to which ruling and order of
(the court the petitioner duly excepts
and gives notice of appeaL
Caupht With Opium.
Wong Kui, who htui twenty-four tins
of bpiuin in a sack.was brought to the '
police station last night by Deputy
Sheriff Chillhuiwortli The Chinaman
was caught ou BeretscTa street where
ne was trying to sen tne drug to a
Japanese Laborers Be-
gin Their Warfare
in the Courts.
THEY WANT RETURN OF HONEY.
A TEST CASE FOE A SMALL
SUM TO BECOVEB PASSAGE
TJmemoto TJmejiro Brings- a Suit
Against the Kumamoto Immigration
Company and Kei
It was an unpretentious document
that Francis J. Berry filed in the Circuit
Court yesterday and the amount
of damages asked. 31, were as
itentlous as the document. Yet behind
that document lurks a tornado of litigation
which threatens to occupy the
attention of the courts for months to
come and which involves a sum cf
money exceeding $1,500,000.
ITmemoto Umeliro is the Dlaintiff in
the action and the Kuniamoto
gration Company and Kei Hln bank,
As his name would indicate.
Umejiro is a Japanese. Prior lo
the passage of the Newlands resolution
annexing the Republic of Hawaii
to the United States, Umejiro was a
resident of the land of the chrysanthemum.
He was a plodding, industrious
wielder of the hoe, but a being of some
aspirations. He had a kind of vague
longing to get along in the world.
About the time this longing had got a
half Nelson hold on him he was
by an agent of
Immigration Company and ask.'d
if he would like to emigrate to the
land of the lotus, where wood nymphs
gamboled through the tropical jungle
and sirens sang so sweetly that h
would soon forget his name and other
things that were" monotonous.
Umemoto, being somewhat practical,
wanted to know how much there
was in it.
The agent, with a smile that was
child-like and bland, replied ?13 a
month. And then there were per
quisites. If Umemoto's name caught
cold it would be furnished medical attendance
free He had no rent to .pay
and bill collectors to annoy him on the
first of the month. He would be furnished
free transportation, but for the
trip on the dark blue sea $2 a month
would be withheld from his wage.
What was the work? Mere play. To
cultivate the succulent canes. If he
became thirsty he could tap a rattoon
and saccharine juices would quench
Well, to niuTte a long story short,
Umemoto Umejiro came. And with
him 29,999 others. They are here, subjects
of the Mikado. They came during
the interval between the passage
of the Newlands resolution and the
14th of last June. They came under
contract. Two dollars a month have
been retained by the immigration companies
from their coming up to the
14th of June, when their contracts
were cancelled by the constitution of
the United States.
In his complaint Umemoto sets forth
that he is a subject of the emperor of
Japan aud resides in Honolulu
That the said immigration company
and bank, defendants herein, are corporations
existing under and by luw
of the empire of Japan and doing business
That at divprs times between the
lSUi of November, 1S9S, and the first
day of May. 1900, the immigration
company received from said plaintiff,
as the agent of said plaintiff, the sum
of S51 to and for the use and benefit
of said plaintiff. I
That the immigration company deposited
the sum of $51 with the bank. 1
That the sum is diuTand that defendants
refuse to pay it.
He asks judgment for the amount. 1
Now there are 297999 cases similar U
Litigation? Well, it looks that way.
HONOLULU IS TO
HAVE DISPENSARY. f
DECIDED AT MEETING OF THE ,
uv.i,Ui.u WVUMV.A.U j
Three Applicants for the "Use of the
Channel Wharf High Prices !
Block Extension of Kukui i
j Fire Chief Hunt was called on for a
, , , , , . ! soeech. to which summons he respond-
Honolulu is at last going to have a , M very gracefully. He concluded oy
dispensary, a real live dispensary, with j moving that a committee of one he
full working force, capable of doing I appointed to confer with the fire com-what
Mlssioners concerning engines for the
It is called upon to do.
This -was fully decided ou at a, at rhif mint i)i )!( mx rm
meeting of the Governor's Council ! and unparliamentary. Finally the sicy
vesterdav morning. Messrs. Lowrie. ' cleared and W. C. Rowe was nominated
selected the committeeman.
Cooper and Winston of the board of l8" as
, . . , . ... 1 Mr May moved that the committer
health came before the council in re- .
gard to the matter of land. After con- charged, refusing to accept the
discussion the south comer j menf, "with a vote, of thanks." The
of the court house yard was turned i motion was carried.
over to the board of health.
The custodians of the public health
also brought before the meeting the t matter was tamed over to the com-subject
cf sewerage. The board s ' raite on arrangements.
$40,000 short of funds and It was de- l. K. Stawe was appointed -.
that heip from the other depart- mlttee of one to se atout. securing
ments should "be solicited. It waa I men from the Iroquois, Natfoaal Guard
agreed that he government would see and Col. Ruhien's departmeat for the
waat causa De aone in regard to ihe
J. M Mo'nearratt eusi before tha
meeting for F. L. Leslie on account
cf a land matter, but action was deferred.
An application was read from C
Vestal, who desired permission to "tunnel
for water at the top of Kodlo
mountain. His wish was granted.
Superintendent SicCandless read a
letter from Colonel Ruhlen, the head
of the local quartermaster's department
of the United States army, stating
that he might wish to use Channel
wharf for the storage of supplies. H.
Hackfeld &. Co. also made known their
wants concerning Channel wharf,
stating that they also wished to use
the wharf for the sunageof supplies
and freight from the Hawaiian-American
line. A third aspirant for the control
of the Channel then came forth" In
the person of Collector of Customs
Stackabie. who stated that he might
ned the wharf for the purpose of storing
Mrs. L. St. Savers desired a quit
claim deed to some property situated
in back of Beretania street, near
Punchbowl. It was decided to grant
her request on condition that she give
land to the government in case it desired
to widen any adjacent streets.
It was decided that Kukul street
could not be extended until ths value
of property comes down to a par with
the Klondike gold claims. At present
there is not enough money in all the
Islands to buy the necessary land at ne
exorbitant prices asked by the owners.
1 The plans of the Hilo railway were
j approved on condition that where '.he
I track ran parallel to the road a
tance of not less than 100 feet should
I intervene. Where the roads crossed
the angle of crossimr was not to be
les3 than sixty-three degrees.
Two maps from the Rapid Transit
i many were approved One dealt
with the track on Wilder, Pensacola
Lunalilo and Alapai streets. The other
map was of Liliha street between
King street and Wyllie.
Plaintiffs Lose Suit.
Second District Judge Dickey yesterday
decided the case of Castle & Cooke
vs. McCabe, Hamilton & Eennie. It
was claimed by the plaintiffs thatsom
hay which was burned on the wharf-some
time ao, was set on Are by sparks-
from the donkey engine operated by
the defendants in discharging the bark
Mohican. The court thought the
plaintiffs were negligent in leaving the
hay iu an unprotected position on
and decided the case in favor ?
the defendants, allowing them costs of
PREPARING FOR LIBOR
A LABGE MEETING HELD AT
PLUMBEBS' HALL LAST k
Liberal Donations from. Business
Men Towards Expenses and for
Prizes for the Field
Donations for the contests on Labor
day are coming inat.a lively rate. At
a meeting ofthe labor unions held at
Plumbers' hall last night, Chairman L.
W. Merrill of thecommlttee of arrangements
reported that the following
business firms had donated something
towards the celebration and that ho
expected the list would triple itself before
amkher evening: Hopp & Co.,
Coyne, Mehrtin & Co., Pacific Import
Co., J. W. Lindsey. Pacific Cycle Co..
L. B. Kerr & Co., L. F. Prescott, Lewis
& Co., Hollister & Co., H. J. Whitman,
B. F. ETilers. RA. Dexter, The White
House, Lando, Wall, Nichols & Co.,
Honolulu Drug Co. and Sam Lederer.
During the evening $25 was received
from P. T. Ryan of the Encore saloon
and $10 from Dick Daley of the Owl
lunch rooms. Chas. Bellina tenderel
Uie use of a four-in-hand and
to the labor unions. A vote of
thanks was extended to the doners.
Mr. Merrill spoke of the proposed
of the Hawaiian Driving association on
Labor day. Just at this point H. May,
whose only mission at the meeting
seemed to be to stir up discord, aroie
and wanted to know "What right the
jockeys have to usurp Labor day for
their own uses labor's day, the dav
cf the working man?"
Mr. Connor of the Plumbers' union
arose on behalf of the horsemen, assuring
them that his colleagues appreciated
the great kindness of the
iug association in helping the day
a'ong. Several other gentlemen
corted Mr. Connor s views. Mr. Mav
paused for wind.
,Ch2i ?ell!na' as-representative of
the Driving association, assured the
i"eUng of the association's good inten
tions. His announcement was greeted
Mr. Connor was elected treasurer to
t.ke charge of the assessment
which had been levied on every man.
The finance committee reported that
cut of seventeen tradEs represented,
five had made returns, netting $75.
it was moved that $190 be expended I
for a float reDresentta labor. The I
parade. ; i
( L-The' fent'aailawnlBS makers
fied their fateatFcm of eateris a float '
n T Of 1HQUIRT
It Met Yesterday at
. the British Commissioner's.
CAPTAIN DIXON GIVES TESTIMONY.
HOW THE VESSEL GOT OJT THE
Crew, Shipmasters and Pilot Give
Evidence on "Wind, "Wave and
Current Decision Will Be
The Court of Admiralty, convened by
the British commissioner to sit in the
matter of the stranding of the British
bark Dunreggan, met at the consulate
in Palama yesterday morning. The
jourt consisted of British Commissioner
Hore, President and Captains
and Jackson of the British vessels
Kilmory and Hillsdale, respectively.
The court was made up of captains
of the British merchant marine on
of there not being a British war
vessel hfere. at present.
PresidJ. Hore read the order made
by hHgKing the court and the business
jBe inquiry was then begun,
the fir0mness being Captain George
McLaijf Dixon, the master of the Dun-
He testified that he had been a shipmaster
for sixteen years and that the
acefdent to the Dunreggan was the
first time he, as master, had ever been
in difficulty. He further stated that
on the morning of the Sth of August.
Makapuu point had been sighted shortly
after daylight, about 5:30 by the
ship's- time. When about two and a
half miles off Koko Head, the Head
being then abeam, a course was
shaped so as to clear Diamond Head
by one mile. At the time the course
was set the weather was clear, with a
moderate sea, the wind varying from
sast to northeast. The course was set
by the standard compass. This was
about S:30 o'clock. As soon as he saw
by the land that the ship was not
making the course laid down, he ordered
the course changed and told the
man at the wheel to keep the lighthouse
on Diamond Head off the starboard
bow. This was about three-quarters
of an hour after Koko Head
was passed. The presence of a strong
current was noticed, which set the vessel
well in towards the shore. Soundings
were made and the lead found
seven fathoms and no bottom. At this
time the'sbjeakers were seen for the
first time and the helmsman was ordered
to keep the vessl outside the
white line of the breakers. The ship
was found to be steering badly. She
had the topsails and fore topmast
staysails set at the time. Soundings
were taken from fifteen to twenty minutes
before she struck. When 3h
struck the mate" found four fathoms
all around the vessel. She was drawing
nineteen feet four inches forward
and nineteen feet eight Inches aft.
When she struck her head was pointed
west southwest. After she struck her
head pointed to the westward and her
stern swung in towards the shore.
The captain gave as the reason for
the stranding of the vessel the strong
currents setting inshore. These currents
were not marked on the admiralty
chart that he had corrections
to August, 1S29, nor was mention made
of them in the directory of the North
Pacific. From the time that land was
sighted till the vessel stranded the
captain was on deck all the time. It
was his first trip to the Islands and
he had nc way of knowing of the resf
or current except as shown on nis
John Stirling Fraser, the mate of the
Dunreggan, was the next witness. He
has master's papers and has been with
the Dunreggan for s.x months. He
stated that after the course was set off
Koko Head the helmsman was told to
steer west one-half north on steering
compass. He had neard "" captain
say to keep the lighthouse on Diamond f
Head over the starboard bow. In
other details his testimony corroborated
the testimony of the captain. Mate
Fraser attributed the stranding of the
Dunreggan to the current and reef extending
further out than is marked on
the chart. On the chart the reef Is
located as two and a half cable lengths
from the shore. This is about a quarter
of a mile.
The next witness was the man who
had the wheel from Koko Head to
where the vessel struck. He is Oscar
Johansen, an able seaman. He stated
that the skipper had given him the
course to steer and that he had followed
it. He had been warned by the
captain not to let the vessel get. within
the white line of the breakers. He
stated that by the ship's clock the
sel struck at ju3t 9:16 a. m.
John Nederie. the second mate, stat-
ed that the vessel's course was changed ,
when she was a quarter of a mile out-
side the breakers-
James E. Fowler, senior apprentice.
stated that at S:10 a. m. on the Sth of -
AETt h haA aaf tho frr n nllnt i
Breakers were visible three or four
iant. He stated that if he had laid his
eoOiSe by the chart that he had he
would have sailed right over Diamond
Head. He had tried to gee an admiralty
map before leaving Sydney, bnt
could not do so.
Captain John Roderick Macauley.
government pilot, was the last witness.
His familiarity with the coast
"made him competent to answer many
questions that were not pat to him.
The principal question put to him was
about the inshore current at Diamond
Head. He stated that in moderate
weather the current set In at the point
at a speed of from two to four miles
an hour. In his judgment the
was about a quarter of a mile
from the shore when he went to her in
the tug Eleu on the day after she
After hearing the testimony the
court adjourned till 11 a. m. today,
when the decision in the matter will tie
licensed mmm km
HOTEL STREET VO TURES.
Regular hackmen of Honolulu
feel much aggrieved over the indiscriminate
charges against the
alleged conduct of hackmen towards
young girls on Hotel
street after nightfall. Said one
of the best known hackmen in
the city yesterday, in speaking
of the subject and the non-enforcement
of the curfew law:
"The hackmen, that hang
about Hotel street after night
are not those connected with the
regular stands, but Individual
drivers who have no stand or
regular place of busluess. tie-pending
upon what they can
pick up on a busy street for
their support. I think such a
general charge against all hack-men
is unjust to those conducting
a legitimate business from
regularly licensed stands."
As to the curfew law it is
claimed it never has been and
never will be enforced unless
something startling occurs to
quicken the tardy footsteps of
the local policejlepartment The
statement that the girls who
wander about Hotel street in
the evening are daughters of lei
women is said to be only another
one of the subterfuges
behind which the police force
hides. A. Republican reporter
was standing near one of the
lei women at a late hour Monday
night waiting for a car. A
policeman in uniform stood less
than three feet from him and
both the reporter and the policeman
distinctly heard one of the
'. tailfd daughters of lei wo
men annoyed and insulted beyond
endurance by one of the
nightly loungers of Hotel street
Although the girl was sitting
next a lei woman, who seemed
to be her mother, and the officer
was within two yards of her.
she had to listen in silence to
insult after insult.
The question in the reporter's
mind was, who had given the
v policeman instructions not to
v arrest this human vulture?
WILL HAVE NEW RANGE.
Board of Health Decides to Erect
New Butts at Iwilei to Replace
The ride range at Iwilei will at last
be turned over to the Hawaiian Rifle
Association. The board of health decided
yesterday to put the butts in
proper condition and place them in
the hjinds of the local gunners. The
buildings that were built near the oil
house for the ue of the board of health
during the late epidemic, were ordered
demolished, and this 1 amber will be
used to replace the rifle association
uuildiugs which were destroyed by
After some discussion the board
led to appoint Geo. W. Smith, a committee
of one, to investigate conditions
and devise a plan for the collection of
viral statistics of the territory.
Application was read from H. A.
Llndlie, to be permanently appointed
board physician for Sooth Xona. Action
was deferred until next meeting.
C. B. Reynolds, in a letter desired
tiut F. A. Eaton be appointed board
3nt for Kan and that W. J. Yates
enpy the same position in South Kona.
Sotb requests were granted.
Dr. Garvin recommended that a
swamp in Kaaka should be visited by
th board and measnre taken to
ramedy the matter. The question was
referred to the committee in charge of
Kealo, with power to act. Building
TnSTJOCtOr Pratt Was instracted to M-
f ose dl building permits for that re-
fnon cnui me matter was actea on oy
Sir. Lowrey reported for thfc
3e instigation committee, stating
that had conferred with the
ernora council and that the governor
hart , - promised j. to look: - -. into . the matter. .
-v. i. 4utv Arrv;rv uu
the conditio s in Kewwh,
ing that the -water be drained off and
other improvements made. Tbfc mat- ,
ter was turned ovr lo a "ommitCtt
composed of Jlesics. M
rey and Wood. ,
The report of rlumbipz Inspector
Jon nas n& S5 ?iwii
There was letter from Th. LD.!
Thomioii of Kmi, spakifl)r of tha
illegitimate practice of medicine byj
Japanese. He was appointed registrar j
of deaths for Kau.
points off the starboard bow at the
Captain John Elston of the shin
testified that he had en-
countered the current off Diamond .
when he had come around there '
" ,! . -. AUMM1M t
Captain Adam Davies of the ship
Republic, who arrived about the time
that the Dunreggan went ashore, had
fe! the current and had steered by the
Dan H. Ca. the genial court steno-
Krapuer. wimeave on me Australia on
September -lib. for an eight weeks' vacation
on the mainland. Mr. Chase
contemplates visiting Chicago, Topeka,
Kansas and Oberlin, Ohio.
He Is Pound Guilty of
ANOTHER DffEGM COKPIilHT.
SAXUSL SABXE? PLEADS XOT
GTJTLTT TO CHABGE OF
Small Cases in the Courts Told In
a Few Lines Humor at a
Well, a jury of twelve good and trld
men decided in Judge Humphreys
court yesterday that Kaapona, when he
bit a piece out df his grandfather's
nose at a luau didn't do It In a spirit of
levity nor because he was hungry.
They decided that the morsel was
taken with premeditation, malice
aforethought and feloniously.
Judge Humphreys. In passing sentence,
stated that the defendant was
Indicted on the 13th of this month.
"Upon your statement that you wer
poor." said the court. "I assigned one
of the ablest members of the bar to
defend you. Counsel has not fallen in
the high esteem of his ability
by the court"
The court then sentenced Kaapaaa
to seven years Imprisonment at nan
labor and to a tine of $1 and coats.
F.icept!ons were made.
Kaapana was ably defended by C. C.
The prosecution was conducted by
Deputy Attorney General Cathcart
After disposing of the Kaapann cae
Judge Humphreys immediately started
to try Kane on a charge of highway
robbery. George A. Davis was substituted
for George D. Gear as attorney
for defendant After securing a jury
tin rourt adjourned until this morning
and the remaining trial jurors were
exeused until 2 o'clock this afternoon.
In the same court another case, owing
to a defective complaint, want
"glimmering as a school boy's tale of
woe." It was the case of tho Territory
vs Goo Yuen.
Samuel Barney, charged with the
murder of J. W. Lorbeer, was arraigned
and pleaded not guilty.
The case of John Rellly for committing
an assault was placed on the cat
In the case of the Hawaiian Trut
uid Investment company. Ltd.. again
Annie- A- Barton, action to quiet lltip
Judge Sllllmuu has found for the plaintiff.
Th- property in question Is in
undivided fourth interest In a plw
or parcel of land known as the Cansan
hotel premises In this city.
In the case of Thomas Mllner Harrison
vs J. A. Magoon. L. C. Abies. F
B. McStocker and Dorothea Kmerson
nlalntiff excepts to the ruline; made
in- ludge Silllman on August 17th sm
taining defendants' demurrer to plaintiff's
complaint on the ground that the
same is contrary" to the law. Jude
Sillircan has allowed the exception.
Judge Silllman has refused to appoint
Court Deputy Clerk P. D. KelloU.
Jr., guardian of Malaka Moolau and
Keao Moolau. but has appointed Mr.
and Mrs. Thomas Murray guardians of
FrederickD. Smith, with the features
of Apollo, a young man who came
here from New York on the last steamer,
has been appointed a court deputy-clerk.
Who says that this Isn't a good
country for the Smith family to emigrate
What Is a dinner without pickles?
What is life without a little pleasantry?
So thought the jury In the Kaapana
mayhem case yesterday when in
a body they went to lunch at the Union
Grill. The jurors all took pickles to
give zest to appetite. When the
steaming viands were placed before
the jurors, according to the statement
of Eugune Sullivan. J. H. Schnack
generously offered to crack several
large cold bottles and let their eon-tents
"You are fooling." said several jurors
Mr. Schnack stoutly contended that
The temperance proclivities of several
of the jurors forbade. But thy
compromised on cigars.
TONIGHT'S BAND CONCERT.
Captain Berger has prepared a grand
solo program for the band concert tonight
at the Hawaiian hotel ground?.
Every number will be a solo, either
for some Instrument or a vocal solo.
Both Captain Berger and the hotel
management hope there will be a large
B Clarinet solo. Autumn Leaves
D. K. Naone.
Cornet solo, Mona.. ...Adams
Euphonium olo. The Artist'a Polka
Four waltz songs, with orchestra and
(a) Pride of the Ball; (c) Doris. . .
Mrs. N. AlapaL
b) Sweethearts; Cd) lurtoa Girl..
Mrs. I. Keiliaa.
E Clarinet solo. Scenes That Are
Cornet solo. Glen Island Short
Piccolo solo. Auld Lan& Syne
Trombone solo. The Message. .Brtioaa
Veopl attending the concert In es.'
Tiages are reqsested to avoid uslntr me
Hot! street entrance to the ground.
on account of the large
who occupy the driveways
whll listiac to the music.- "
A" &t t. I'
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