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Honolulu star-bulletin. (Honolulu [Oahu, Hawaii) 1912-current, October 08, 1912, 2:30 Edition, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn82014682/1912-10-08/ed-1/seq-1/

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Frtn 8. F.t
Honlulan. Oct. 9
Jrer 8. F.i
WflhHmina, Ot
From Yancoater:
Z-b!anUia, rt. 'J .
For Vancouver:
Marama. Oct. 8.
Evening Dulletin. Kt lsfcl'. No M61.
Hawaiian Star, Vol. XX.. No. G4J2.
urncLU um wrrcHL
Dole's Decision
of 1910 Is
Valid '
Upholding a noted decision by Fed
eraJ Judge Dole, made on September
1. 1910, the Ninth circuit court of ap-
Iteals, San Francisco, has reaffirmed
Judge Dole's ruling in one of the
mrwt famous cases In the annals of
Hawaiian Jurisprudence the II estate
Involving primarily only the dispo
sition of 110,000 from the condemna
tion of lands at Pearl Harbor naval
station, the case really relates Tights
of an estate now estimated at over a
million dollars and which in 1910, for
the purposes of the, suit, was Valued
at 1500,000. , ;
Technically the case Is known .as
The United States of America vs. John
li Estate, Ltd., an Hawaiian corpora
tion, et a!. - ,
. Shorn of legal verbiage, It related
to the disposition of the. $10,000. from
Uncle Sam't condemnation, Mauds be
longing to the estate and which were
v wanted for military purposes at Pearl
t Harbor, The distribution of this $10
000 was in long litigation. - : Judge
Dole's decision . gave larger rights to
the heirs than were recognized under
- the other' decisions, and he declared,
-in his ruling, other findings null and
void, Including an : ancient Hawaiian
Supreme Court decision. The heirs
are the son arid daughter, of Mrs. Irene
; Holloway by a former husband, C. A.
' , Uro wn. ' ' - " "-j 'f.
-.v.; x Thomp8on,;Clernotts Wilder,;!
y r nompaon, , Wilder, Watson & , Lymer
are the attorneys for the claimants,
and ? Magoon & Weaver were attor?
lieys for ; the, t defendants,' whlleVDis
trict Attorney Breckons represented
the Haintlff. ' Associated with. Mr. Ma
goon also was Judge. SlllimanJ former
- ly of, Honolulu, now of - New. York.
The case was appealed from Judge
Dole's decision and Judge Wilder ar
gued for the defendants last October
before the appeals court in San Fran
cisco. Judge Dole's decision granting
the defendant heirs larger rights Is
now upheld, a cablegram to Thomp
son, Wilder, Watson & Lymer having
brought the news of the decision in
San , Francisco.
Judge - Dole was naturally much
pleased with the finding upholding
his decision when tjOld of it by the
Star-Bulletin today. , The decision Is
recognized as a very important legal
document bearing on other than the
Immediate case. at issue. '
Judge Dole's decision, handed down
Honolulu Meeds
While Troop! Are at Maneu-!
vers, Schofield Musicians
Could Appear Here
Although the Territorial band is tak
ing its annual vacation this month,
there is a chance that Honolulu will
not be entirely bandless during the
latter part of the month. When in
doubt, Honolulu is beginning to turn
to the army as" matter of course, and
usually the army finds a way to "come
Every so often Fort Shatter, which
has no regular musical organization,
gets the loan of one of the regimental
bands from Schofield, and for a few
fleeting weeks everyone in the post
with a tuneful ear can steep his or her
soul in music enough to last through
the following season of musical
drought. For some time past Shatter
has been without a note, other than
the trumpet calls, the fine band of the
First Infantry being the last visitor,
some months ago.
Now there is talk of sending the
band of the First Field Artillery, to
Shatter for a period, and there are
several reasons why it should be sent
down at this time. In the first place,
Shatter has no non-combatants to
leave in charge of the post when the
troops are out on department maneu-
Merchant and Alakca Phone 2548
And Army Way
nnr n nn nnnrn i " m
. i
Whose decision Is uvheld in San
; , Francises v ".
on September : "1 1910," said, in r&
view, of the case and disposition of
the ten. thousand dollars: ; v r
.The court having ' awarded the
sum of ten. thousand dollars to ; the
defendants herein, as compensation
for their claimt and interest ' In ;thc
real ' property ; condemned arid taken
In these - proceedings for ; the - use ef
nencdrjmalnjand such "sunv, pt, ten
inousana aouars naving oeen oepos
ited by -tlje plaintiff In the registry
of the court ' subject to " further pro
ceedings for the determination of the
respective claims of the defendants
to the said 'fund,' and notice accord
ingly having been served on the de
fendants or their counsel, the follow
ing claims were presented and tried
before this court, to-wit:
By the said John-li Estate, Limit
ed, one of the said defendants, ten
thousand dollars, being the whole of
the said fund;
By the said George li Brown, one
of the said defendants, who has
since the beginning of these pro
ceedings arrived at the age of major
ity, "a one-third share or interest
therein of the said Irene li Holloway,
or the said John li Estate, Limited,
as the assignee of her life interest,"
By the said Francis Hyde li
Brown, a minor, one of the said de-
(Continued on page 3.)
A Band
Spare One
vers and it would be necessary to
weaken the battalion by leaving a de
tachment of caretakers behind. At
Schofield" it is planned to leave the
bands in charge of ihe post, but it
is quite possible that three bands
could look after, things, so if the Field
Artillery musicians were sent to Shat
ter, the third battalion of the Second
Infantry could put ks full strength
into the field. Incidentally, General
Macomb might be counted on to give
the music-lovers of Honolulu a treat
while their own band is laying off, by
allowing the Field Artillery to give one
or two concerts a week in town.
The Second Infantry, First Infantry
and Fifth Cavalry bands have" all play
ed in this city at one time or another,
but outside o( parades, the First Ar
tillery's splendid mounted music has
not been beard.
Maili Man Who Spnt Paiwc tr fice. and that therefore Aoleinoa's
McCandless Not Regular
Nominee of Party
While he has not definitely decided
the point nor handed out Lis written
opinion. Attorney General Alex. Lind
say said this mornine hf is (onvifu
tliat S. K. Aoieinoa. demo, ratic a?:ir
art for representative ironi Maui, can
lij-ve no standins under the law ov
en.ins nomin ttions; that Territoi ial
Se-.-retary Mott-Sniitn does not have to
collect nominations from the postof-
. ; ..; . ': .- f .
Dr. Victor S. Clark and Ray
mond C -.Brown Go to War
saw on Mission
Will Approach Russian Govern
ment Through Semi-0ffi-7
cial Committee :
Dr. Victor S. Clark, commissioner o;
Immigration, and Raymond C. Brown,
agent In Europe of the terrltir:a:
toard, are now in Warsaw, Poland, on
an investigation that may mean the
bringing In of a large number of Rus
sian and Polish peasants as agricultu
re1 laborers here.-
The flrfct Intimation that Dr. Clark
It finding ; the kind of laborers thai
Hawaii needs In the fields Is contained
In a letter to the board in which
he outlines what his present activities
are. '
Dr. Clark has been engaged in draft
ing a long report on general conditions
In Hawaii to be presented to the Com
mittee of the Volunteer Fleet. Jnst
what" this committee is has not: been
made entirely plain, but it.seenwto
be ; a semi-official body looking, after
certain Indut trial activities in Russia
and connected primarily with com-.
cerce. Under its, direction there are
rrany steamers-operating out of Odes-i
sa, according4 to meagre information
available here,' and the "volunteer
fleet," it is thought, is a kind of Rus
sian naval reserve force to be called
u pon In times of emergencies.- "
rronr Dr. ClarkB letter It-Is gather-'
ed 'that he has found' it advisable to.
ai'proacnine KWS6taa.govenune;ni, on
through this "committee of the voliro-
teer. fleet, from which the members of
the board are inclined to believe that
the committee has a kind of - onlcial
charge-of Immigration matters.
According to latest Information, Dr.
Clark and Mr. Brown left St, Peters
burg last Thursday for Warsaw. This
move, it is understood, is to investi
gate the possibility of getting Polish
immigrants to Hawaii in cate the gov
ernment does not look kindly on their
leaving Russia or Siberia.4 '
If the commissioner finds agricultii
ra1 laborers availahle, the board will
bring them to Hawaii, but since tb
recent investigation of Russians al
ready brought to the territory, which
showed that less than 200 out of some
2000 remained on the plantations, the
board does not intend to bring Rus
sians here unless they are known to
be agriculturalists.
Count and Countess de Cisneros,
who are to participate in a series of
concerts at a local theater, arrived a3
passengers in the Canadian-Australian
liner. Marama this afternoon.
The talented artists included in the
Cisneros company will make an ex
tended stay at Honolulu, taking a liner
for San Francisco.
The Cisneros company kindly con
sented to participation in a concert
given on board th liner, the proceeds
being devoted to a charitable purpose.
Madame Cisneros stated this after
noon that she was delighted to again
visit Honolulu.
Solomon Pili, who was fined $15 and
costs in district court on the charge
of assault and battery, this morning
withdrew his appeal to the circuit
court and, paid the fine.
Charles Miamoto today withdrew
his appeal to the circuit from the dis
trict court's decision, fining him $""
and costs on the charge of conducting
a disorderly house.
Hung Tai Chung, accused of opium
smuggling, this morning altered his
plea, admitting guilt. He will receive
sentence Saturday morning.
The Federal grand jury met at 2
o'clock this afternoon, when it ex
pected to complete its report, which
will be submitted to the court tomor
row. name cannot be used on the ballot.
! However, this little bit of pilikia for
the aspirant individually, who didn't
per his papers to Mott-Smith because
he mailed them to L. L. McCandless
instead of the Secretary, isn't worry -ir.fr
the democrats here. Infact they
are inclined to do a little unostentatious-
rejoicing over the affair. They
f-ay Aoieinoa is not a candidate on thp
regular party, that his name was pi.
i" by the opposition in the hope of
defeating one of the two regular party
men and that he was not entitled to
the party support.
NEW YORK; N. Y' Oct. 8 Before an enormous crowd at the Polo
Grounds today, Jhe Boston Red Sox, champions of the American Ltague, de
feated the New11 York iGants, National , League champions, by a seort of 4
to 3 in the firsjf of . the series for the World's championship.
Joe Wood, iH:tar Boston twirls r was the hero of the day. He gsve
eight scattered, bits and the Giants were helpless most of the time. On the
other hand, thj Boston batters got to vf JsfT Ttsreau, McGraws young
star, and drove jhim from the box, Crandall succeeding him. Boston bunch
ed six hits. Each: team, had one error.- Csdy caught for Boston and Meyers
for New York.; , r 1 ; - - r -y : -
Report of Contribution for Taft
Campaign - Declared :
Untrue .
'The report, la absolutely without
foundation," said Wv O.: Smith, secret
tary of the Hawaliah Sugar Planter!
Association, , whet) ' questioned i.' this
morning about aj rumor . around- town
that the planters had contributed $50,
00010 the campaign fund of President
"I dont knoweffher;' of one dollar
subscribed a the' Tuft campaign fund
by .any sugar corporation,, Mr;- Smith
added. ' '-Such .an act.would be illegal
1 L
There Is a low; forbidding., corporations.
from; contributing: ; to the campaign
fund - of - any candidate fbr President
of the iUnltedTStates' or member of
Congress." : 5 ;)-: s -j .. k;.v. '
"Although the Planters' Asaociatlon
iaot a' corporation, ik represent cor
pora tiomv and the law forbids politfcat
contrtbutAaasVidlrlif or ladlrcHUyta
the part of corporations." -t : v
Will Hold, Public. iMe&ng; for ff?1 St?
, - ; 0 ing. steadily. That the women are go
AudreSSeS by WariOUS ling-to-have a voice, even though ho
p .jjjii I vote, in ; the selection of office-holders,
UanuruaieS ) is evident by the plans . made for the
. , meeting, and the speeches by ;tbe' can
Plans are being made by the Worn- didates. ' '
en's Equal Suffrage association ' of . Delegate Kuhio seems to haye icon
Hawaii for a public meeting; when the siderably more strength among V the
candidates of the various political suffragists than U L. McCandlessV ac
parties engaged in the, campaign, both cording to the guarded utterances of
territorial and municipal, will be ask- several prominent Hawaiian women.,
ed to appear and make short ad., it was stated today that in all I ik ell
dresses. hood -the -Equal Suf f rage . association
The Hawaiian suffragists will take will indorse a number of candidates
a more active part in this campaign at a-meeting-to be held some time be
than ever before, assisted by the or- fore the election.
Helmets Abandoned, Not Con
sidered Necessary for
Wear in Hawaii
The marines are wearing extra
large smiles these days. A while
back the little GlooniV were much in
evidence, because Camp Very was so
far removed from Nicaragua, but yes
terday a hand of Joys danced into
the barracks, grabbed all the khaki
helmets that they could find, and re
stored to the marines their beloved
campaign hats. The hard iuck of the
fighting man who is too far away
from the seat of war to do any fight
ing and in the service that's the
quintessence of hard luck was im
mediately forgotten in the joy of
getting the "coal scuttles" out of the
Just six months ago officers and
enlisted men were issued pith hel
mets, to be tried out for garrison
wear in the tropics. The helmets
looked smart and soldierly, but they
were cumbersome, and the men
found it hard to keep them on when
they were double timing, or in fact
doing anything but a dignified sentry-go.
Yesterday the helmets were turned
in. and the old familiar slouch hats
given back. The officers donned
Assistant Superintendnt of Public
Works A. C. Wheeler leaves tomor-
row on the Mauna Kea for a week's
tour of investigation on the island of
Hawaii. The wharf master at Ho-
opuloa has written to the board of
harlor commissioners his opinion that
the oat landing in course of con
stiuetioi. at that point is too small for
the volume of traffic that it will be
expected to handle, and Wheeler will
examine this case and mak a report
on it to the harbor commission. The
Kahalani homestead road at North
TO 3
Satisfactory progress is reported on
the reconstruction ' of the' Judiciary
building, and Assistant : Superintend
ent of Public Worta Wheeler stated
today that portions ' of. the edifice
probably 'will be ready for occupation
by the. first of the new year. The
tax-, assessor's office,' with its great
mass of records, and the law library
probably will be the first to move In
to the structure, with the various
courts following: as their' apartments
sre completed- V; ;
" The new judiciary, building Is to be
as nearly fireproof as human ingenu
ity 'can make it. This Idea li to be
followed .to . such extremes .that: all
the furniture Is to be of - Iron work.
Mr. .Wheeler was busy; todsy . making
tpectflcatlonjs I ot V: the,' steel book
cases; chairs - and desks and other
paraphernalia, that will ' be , installed.
;- Peyton Gordon, - special agen.tf-froni
tiieV'tJ S., Attorney f' CenerU's office,
spent- only si . brief : time Jn Honolulu
on ' hit return .trip - to the mainland
from Japan,: and during his .stop here
took- up no matters, of; local nuerest.
He canae, in on the Siberia yesterday
and xnUnwedon. his'wayf;wh?n the
same ship, sailed i out.06 port; thl3
morning. . r :r; . V. i-v r--iu r
. t -
t .1- -v
their khaki service caps, and were
equally pleased at the change.
While Major Neville, commanding
the marine batallion at Camp Very,
has not made public the text of his
report, it is expected from the fact
that the helmets have been turned In,
that it will be adverse to their adop
tion for Honolulu service. It is ad
mitted that while the helmet Is a
good one, it is not necessary for this
climate, and not as convenient for
the men.
The marine corps has a peculiarly
sound and sane policy of trying out
uniform changes before ordering
them, and letting the men themselves
have something to say as to what is
best for them to wear. The helmets
have been given a thorough trial, and
have been found wanting, and that's
all there is to it. At that, during the
hot summer days some of the men
would have found the felt hats less
"The helmets were too hard to keep
on and too hard to hang up," said one
enlisted man this morning. "And on
'.the target range we couldn't do any
thing with them. It feels good to get
the old hats back again, that a man
can sleep on it if he wants to and not
find it all smashed when he wakes up.
I think everybody in camp is glad that
the "buckets" have been turned in."
Hilo, which has just been- completed,
v ill aleo be examined, as well as
the new beat landings at Mahukona
and at N'apoopoo.
m n
Hundreds of men and women in
bathing at Mobile, Ala., came out
black. Creosote had escaped from a
wrecked lighter.
The fact that American Danes have
presented a 440.acre park to Denmark
indicates that that country must be
slightly larger than generally sup-
iTn n n 1 a nnrm rnrron n
v ri 1.1 Vv 11 111 11 1
Plans Of Great Powers For Inter
vention Ignored
Votes $9
. : : I Associated rresa Cabtel . .:';::."-' '".; .
CETTINJE, Montenegro, Oet. 8. Ignoring the plans of the grtat powtrt
for Intervention, the confederated Balkan statte have declared wir a;:!rxt -Turkey
and heavy fighting 'Is taking place all along the frontlsr.
:.. v -V-V -i. 4 y- - f '
DELQRAOE, 8srvla, Oct 8 The Assembly has vottd $3,CC3CO war ;
credits.:,:-..- ,ry::. .... ;;-. : 'v..: ; .. ;..... ." V
:. ' ;- ' y-r-y-: '; "
rif-'t X'- 5;;' ;V;.f Associated .Press. CableV ; I ''."
' WASHINGTON, DC Oct 8. Wayr McVeas attorney csnirxl ef ,
the Unltstj 8tatss In Garfield's cabinet, testir.td today before ths C?-:.. :
corrimlttte.on campaign funds t:l:y.that h stood bsilds H. McK. Two.t.
rspreaentlng the Vandtrbllt roa: a.ii not Motrin, when Marrlmn t:
phoned. request for U0.CC0 to aid Roossvtlt In hla 1S34 cajr;:!;-". lis- :
said that Twombty; said that Harrlman had: represtnitd that Rcsssvilt Ij
slsted on an additional contribution to the cam?al;n fund.. . .. -
1MeVfagh was named In the tMllmony yestaniay cf a r.sw?r-??r c::r f
spondentvJudaon C. Wslllvsfr who said that MsVea;h had told hl.-n.hi t
standing- beside .t Plerpont Morgan 1
aaaiuonai aia lor nooeviu ;
Fifty . IQlled
. .. -
iTAMPltO;:Fla Oct 8-Fifty nersons:wtre killed-sr. J a
JureiT "h're'.lesy ff-vVthe vr?tpn' n J-y'ur:':'T.,:"s
powder.. .; ;" TZ't-" A'-; T-i-- ;'"-4ii- - -
N ew Face on Bench and : New
Scale of Fines, and Attor- v
riey Is Dismayed - v
There are . judges and Judges, as
Attorney Charlea Chilllngworth learn
ed yesterday, when he appeared , for a
client, Fukumoto, charged ; with fast
driving by .A. K, Vierra. It seems
that when . Fukumoto was arrested,
Chllllngworth,. as attorney : for. .the
Hackmen's Union, had favored his for
feiting the 10 bail he had put up.
Chllllngworth says the officers at the
police station demurred and said-: It
would be better for .Fukumoto to ap
pear and. take the usual fine of $5 and
costs, whereupon Chillingworth agreed.
Now, It appears that Judge Monsar
rat, who has been in the custom of
imposing 5 fines In such' cases, Is
Frear Hears from Treasury De
partment as to Plans
for. Structure
! by the name of LIkelile street i : A.
An indication that the government , e. A. Watson has -finished building -is
preparing to let the cenfact at an 'nig paUwela house. His family have
early date for the construction of the already, moved in. Mr. Watson has avY
Federal building at Hilo, for which particularly good piece of land well
Congress has appropriated $200 000. located on the maid road. .
was received today by Governor Frear, . The Wailuku Orpheum - was crowd-
in the form of a communication from e(j to the doors last Saturday night '
the Assistant Secretary of the Treaa-1 The special attraction was the display
ury. A : of trained animals that came from Ho- "
The letter is an inquiry into the nolulu. Everyone wno attended was"
present status of the case, asking much pleased that he went
whether the stipulations made by the The annual bazaar of the Makawao
Federal government have been com- Ladies' Aid Society will be held on the .
plied with. The Governor says that evening of October 12 at the Pala Or-
the conditions set forth have been met pheum. The admission charge will be ;
by the Territory, and that all is now, only 25 cents this year. A new f ea-i
in readiness for the actual building ture of the bazaar this season will be
construction. -the introduction of a clever farce en- .
The original block intended for the titled "How the Vote VWaa Won." " :
Federal building site could not be ob- Clarence G. White of Haiku, famous
tained in its entirety. It was unusual- on Maui as a good actor and a splen-
ly large, however, so it was divided did driUmaster, is doing the work with rv
into two parts, a street laid along the the cast This insures splendid sue',
bisecting line and the complete half cess for the affair. After the farce is .
then set aside for the Federal govern- over, there will be a sale of candyAT
ment, the remainder of the large block ice cream and fancy work. '
being turned over to the Territory. This annual affair of the Makawao
The street is now an established fact ladies is something the Maul public - ;
and the old lease, held by Luther Sev- always looks forward to with pleas-,
erance, has been canceled. These ure. The money raised Is used for
were the principal requirements asked some public good, such as; assisting :
of the Territory by the Federal gov- the Maunaolu Seminary, the Improve-r
ernment, and it is thought that upon ments of the Makawao Unloiuqhurch, ;,
receipt of Governor Frear's favorable or some equally worthy object. , . '
ill I 1 . 1
by Allies Servic
w,hen Harriman called up to tj;. j
- .
In, E::;!
h'jrfr; J I
absent, and Judge Larnach of the seo :
ond district is sitting In his place. '
1 Chiningworth,; hot "figuring ttat
there would be any, difference ia tia1
fine Imposed,' entered a .flea of
ror his client"-- ' . .:..,..., - ..
ul fine him 25. And costs,; remark t
ed, Judge Larnacli pleasantly, this be- '
ing the limit . ' i
; What's the matter, he say ?" 'ques
tioned Fukumoto.; v : . - S
- "T-wen-ty-flve dollars - and -- costs,"
said Chllllngworth dully. '- . ;
, "Oooeel . More better I no came,
shrilled Fukumoto dismally.. ;
'-. And then' Mr. ' Chillingworth made
a quick run for the clerk's ofice and
came' back waving an appeal blank.
He will take the case to 'the Clrcui t '
Court , on the ground that cruel and .
unusual punishment 5 has teen in
flicted. . -, - - -
reply the Secretary of ' the Treasury
will immediately Issue a call for, bids
on the proposed structured . .
Special Star-Bullethf Correspondence
WAJLUKU. Oct. 7-Oreat Improve-
ment is being made In Kahulul by the
opening of a. new street between the '
railroad crossing toward Wailuku az3
Klnan street ' The railroad Is filling
hv on both sides of the track already.
The new road will run to the beach,,
coming out on the Wailuku sidS of the
house of ri. R. Bevins, and la dignified '

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