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Honolulu star-bulletin. (Honolulu [Oahu, Hawaii) 1912-current, October 08, 1912, 3:30 Edition, Image 1

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Trn 8. F.i
HoDoluUn, Oct 'J.
rr 8. K.i
Wllhelmina, Oct. 3.
From Yanfoiitrs
Zealandia, Oct 9.
For TaareiTtrs
Marama, Oct. 8.
Evening Bulletin. Et. 1882, No. 5361.
Hawaiian Ktar, 'Vol. XX.. No. 6402.
A S7 rrC? yj ttTt
Dole's Decision
of 1 910 Is
VDhnlAlne a noted decision by Fed
eral Judge Dole. . made on:. September
1, 1910. the Ninth circuit court of ap-
peals. San Francisco, baa reaffirmed
Judge Dole'a ruling in one of the
moet famous cases in the annals of
Hawaiian jurisprudence the II estate
case.- . . 1
Involving primarily only the dispo
sition 01 910.009 rrom the condemna
tion of lands at Pearl Harbor naval
station, the. case really relates rights
or an estate now estimated at over a
million dollars and which In 4910. for
the purposes of the suit, was valued
at $500,000. . .- i ; v -, :
Ths United States of America vs. John
If Estate, LtdV an .Hawaiian corpora-
. Hon, et al -.v- . . t .
. iu we uispuBiuou 01 we iv,uuv irom
. Uncle Sam's condemnation of lands be
lourlnr tn th titA anrf wrhifh hps
wanted for military purposes at Pearl
Harbor. -Tiie distribution of this ?10,-
-" , iu luug uuauvu. . .4UUKU
I. . . . .
the .heirs than were recognized under
in his ruling, other findings null and
ia .
voio inciuninr an -: flnrfont ir tar lion
are the son arid daughter of Mrs. Irene
.nullum ; akiormer,nusDana, u. A,
Urown. -r y' - ,l ' rvF' - ? .' ''r
Thompson, Wilder,' Watson &"Lymer
are the attorneys lor the claimants
and Magoon.& Weaver wer attor
neys forlhe defendants," while Dis
trict Attorney Breckona represented
the lUlntlfT. Associated with. Mr. Ma-
enon alitn JiMra filtlimn v fnmep.
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
IvsafnrA f hfi irmMli ivuitf In Con IiVasw
--tww m v. -aj vws asa wu t inir
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 told 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.
. mi hicmon. ; , ...... -. ..i..;,.
Judge- Dole's decision, banded down
on ' September 1, ; 1910, x said, in re-
While Troops fAre at Maneu-j
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 aa a matter of course, and
usually the army finds a way to "come
through." J..;;.
Every so often Port Shafter, 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 Shafter
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
Shafter for a period, and there are
several reasons why it should be sent
down at this time. In the first place,
Shafter has no non-combatants to
leave in charge of the post when the
troops are out on department maneu
Merchant and Alakea Phone 2648
f;d Amy Llay Spare
7 V
a -
. - 7 " . '
1 f
- wi -;
Whose decision Is uohfld la San
Francisco. '
view of the case and disposltlou of
the ten thousand dollars: '
The court 1 having awarded -the
sum of ten thousand dollars to the
defendants herein, as compensation
for their claim and Interest In the
real . property . condemned ' and ' taken
In 'these , proceedings 7 for. the 'use of
the . plaintiff tinder the. law of emi
nent domain, and ' such sum of ten
thousand dollars having been deps
Kedt by ' 1he pIaihUfrraffie regtstry
of the court -aubject - to further- pro
ceedings for the determination of the
respective claims of the" defend anU
to the said fundi 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 11 Estate, Limit
ed, one of ' the said? defendants, ten
thousand dollars, being' the whole of
the said fund;
By the said George II Brown, one
of -the said . defendants, who has
since ! the r beginning of these pro
ceedings arrived at the age of major
ity, ."a: one-third share or Interest
therein of the said Irene II Hollo way,
or the said John li- Estate, Limited,
as the assignee of her life interest,"
and - :;..:
By the said Francis Hyde . II
Brown, a minor, . one of the said de
fendants, by. A.v G. M.- Robertson,,
his guardian ad litem, "a one-third
Share or interest In . said fund, sub
fContinued on page 3.)
A Ban
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 the post, but It
Is quite possible that three bands
could look after things, so If the Field
Artillery musicians weresent to Shat
ter, the third battalion of the Second
Infantry could put, its full strength
into the field. Incidentally, General
Macomb might be counted on to give
the music-lovers of Honolulu a treat
whil 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 of parades, the First Ar
tillery's splendid mounted music has
not been heard.
While he ha not definitely decided
the point nor handed out his writteu
opinion. Attorney General Alex. Lind
say said this morning he is tonvinc l
that S. K. Aoleinoa. democratic aspir
ant for representative from Maui, can
heve no standing under the law gov
erning nominations; that Territorial
Secretary Mott-Smitn does not have to
collect nominations from trie postof
fice, and that therefore Aoleinoa's
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. U McCandless I
IT JnivJJa
Dr. Victor S. Clarfc and Ray
mond C .Brown Go to War
saw on Mission
Wiii Approach Russian Govern
ment Through Semi-Official
Dr. Victor 8. Clark, commissioner o:
immigration; and Raymond C. Brown,
agent . in Europe of the territorial
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 agflcultu
raV laborers here.
The firtt intimation-that Dr. Clark
le finding ; the kind of laborers that
Hawaii needs in the fields is contained
in a letter1- to the board in which
he outlines what his present activities
'are.';' . . r , .- '
" 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 V Just
what this committee la has.- not been
rcade entirely . plain, -but It seems to
be . a semloacial body looking after
certain Industrial activities In Russia
and connected . priinarfly; with com
merce. Under Its direction there are
trany steamers operating out of Odes
sa,: accord lng to meagre information
available-' here,' and ' the "volunteer
flee. it Is thought, is a kind of Rus
sian naval reserve force to be called
upon In times of emergencies. , v
; . from Dr. Clark's letter it is gather-,
ed that he has found it advisable to
aipTdach . the -Husalan governmenfTps'
the tubjeet'of immigration to. Hawaii
through this cotiJmittee of the volun
teer Best, from which the members of
the board are inclined to believe that
the , committee has a kind : of onlclal
charge of immigration matters. -
According to latest information. Dr.
Clark and ' Mr. Brown left St Peters
burg last Thursday iof 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.
If the commissioner finds agricultu
ra1 laborers available, the board will
bring them to Hawaii, but since the
recentt investigation of Russians al
ready brought to the territory, which
sLowed that less than 200 out of some
2000 remained on the plantations, the
board does not intend to bring Rus
slans here unless they are known to
be agriculturalists.
furniture'in new
judiciary; building
will be fireproof
Satisfactory progress is reported ou
the reconstruction of the judiciary
building, and Assistant Superintend
ent of Public Works 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
inaas 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
s re completed.
The new judiciary building is to be
as nearly fireproof as human Ingenu
ity can make it. This idea is to be
followed to such extremes that all
the furniture is to be of iron work.
Mr. Wheeler was busy today making
Epeciflcations for the steel book
cases, chairs and desks and other
paraphernalia that will be- installed.
Charles Mlamoto today withdrew
his appeal to the circuit from the dls.
trict court's decision, fintng him $75
and costs on the charge of conducting
a disorderly boose.
Hung Tal Chung, accused of opium
tmuggling, this morning altered hit
plea, admitting guilt. He will receive
sentence Saturday morning.
Instead of the Secretary, Isn't worry
icr the democrats here. Infact they
are inclined to do a little unostentati
ous, rejoicing over the affair. They
say Aoleinoa is not a candidate on the
regular party, that his name was pu
r. 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
98 analysis, 9s. 9 l-2d. Parity, 4.05
cents. Previous quotation, 9s. 8d
NEW YORK N. Y., Oct. aVBefore an enormous crowd at the Polo
Grounds today, e, Doston' Red Sox, cHsmplons of the American League, de
feated the New York Giants, Rational League champions, by a score of 4
to 3 in the first the aarlec for the world's championship.
Joe Wood, thy stir; Coaton twlrfer, was the hero of the day. He gave
eight scattered t. u-awdrtn OJahts were helpless most of the time. On the
other, hand, the Cotton batters got to "Jeff Tetreau, McGraw's young
star, and drow him from the box, Crandall succeeding him. Boston bunch
ed six hits.; Each team had one error. Cady caught for Boston and Mayers'
for New York. ;i . :'. ,' J : ..... .
Don't Know Whether to Take
Him in Name Scratched :
This' Morning -
ouauuva - a-Fes a vaa - nvu - Mto aaa o
round of a fcmall. battle this morning
In the meeting of the Hul Uniona,
which assembled In Notley Hall, Geo.
k. Kane, president" and' organizer of
the Honolulu branch" of the but uniona,
this morning waa turned down several
times by the members, assembled for
a. convention on "tne gooa or tne or-
Ka.ne. who nreslded over the meet-
lug wanted the newspapermen eiclud-
el 'from 'the meeting, but Barron,
rearing at the top of his voice, argued
strongly' in favor, of the newspaper re
porters. The result was; that he won
cut his point -Vv:;V;- - :;r :Q
Kane tried to inject politics in we
work" of Ithe hul ttnlpna; but. be was
cocIrcmtedC.wiUrK -UroaX opposition.
Judging from thepfesent Indications,
J. C. Cohen; , will riot-recelte the tn
dorsement of the . hul - tinlonaists, for
senatorial honors aa h has expected.
Puts Cohen's Name On. '
7 Before the meeting was called to or
der, Kane,, without the consent of the
hul unions, ordered Secretary Benja
min Dole, to place : Cohen's name on
the- regular enrollment lkt of the hut
But when Boyd, who happened along;
saw Cohen's? name-tra the : list re de
manded an explanation; fromtSecretary
Dole and President' Kane, v . ', ;
"How can you permit Cohen's name
to be enrolled, when be has not yet 1
become a member of the hul?" asked I
Will Hold Public Meeting for
... . .. .
nuui cooco uy laiiuuo
meeting and the speeches by the can
Plans are being made by the Worn- didates. '-
en's Equal Suffrage association of, Delegate Kuhio seems to have con-
nawau ior a puouc meeung wnen me
candidates of the various political
parties engaged in the campaign, both
territorial and municipal, will be ask
ed to appear and make short ad.
The Hawaiian suffragists will take
a more active part in this campaign
than ever before, assisted by the or-
Helmets Abandoned, Not Con-
sidered Necessary for
Wear in Hawaii
The marines are wearing extra
large smiles these days. A while
back the little Glooms were much in
evidence, because Camp Very was so
far removed from Nicaragua, but yes
terday a band of Joys danced into
the barracks, grabbed ali 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 thei
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
W W 3
Press Cable J
Report of - Contribution for Jaft
- Campaign Declared ;.
- 'The report ' is absolutely without
foundation, said W. O. Smith, secre
tary of the Hawaiian Sugar Planters'
Association, ' wheri . questioned ; this
morning about a rumor around town
that the planters bad contributed $50.
000 to the campaign fund of President
Taft- ' ?: i ;; " - ' i ,.
T don't know, either, of one dollar
subscribed to the Taft campaign fund
by any sugar' corporation," Mr. Smith
j added. ' "Such an act would be illegal,
There Is a low forbidding corporations
irom. contributing to the ; campaign
fund of any candidate tar-PresUeril
of the . United States or, member, cf
Congress. i --V' :.
" r Although, the PJanters', Assistien
Is not a corporation It represents cor
Ppitiona.;and th forbids f ?!!rlf
contnuuuons, direcuy or Jnairectly, on
tha part of corporationa", ' b' .
Boyd, Kane stratched bis head; andi
1 then 4 ordered ... Dole to , scratcb on"
Cohen's - name until further action Is
taken.' : v ,
v Cohen, smiling as usual, was there
with a bunch of- his campaign por
traits. The members of the hul, shook
hands, with him ; but the Indications
are that he will not get -their endorse
ment for any political position, v;
- It , is reported ' that Cohen will ! be
sworn in as a member of the Hoi to-
(Continued on page 3.)
f' wnicl 11 row-
ing steadily. That the women are go-
"g iu uave a voice, even uiougn ;no
vote, in the selection of nfflrfi-hnMr
lis evident by the plans made for the
siderahly more strength among the
suffragista than L. L. McCandless. ac
cording to the-guarded utterances of
several prominent Hawaiian women..
It was stated today that In' all likeli
hood the Equal - Suffrage association
will indorse a' number of candidates
at a meeting to be held some time be
fore the election.
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 oae
enlisted nfen 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."
Plans Of Great
vention Ignored by AI I ies--S ervia
, CETT1NJE, Montenegro, OcL 8. ignoring the plans of jlhe great powtrt
for Intervention, the onfsdratti Balkan state .have declared war a;!rtt
Turkey and heavy fighting Is UkUig place all along the frontier. .
' . . . .,r.-;ih -v- ' -.-..v-- ;. ;-
OELGRAOE, Servla, Oct 8. The Aasembly has voted $3,CC0C3 Mtr
credits, i :. ::-J-w- V ; : 'r:h-: : : !-
McVeagH Explains T.
' : a ". - ; '' ' f Associated
j WASHINGTON, D. C Oct ft.Wayne McYa:h, attorney gtntral ef
the United 8Utes In GirfislePs cailntt tti."4i Uy before the'Ssnait
committee on campaign funds today that he stood fcsslds H. McK.Twomtry,
representing the Vandsrbllt roads aad not Morgan, when Harrlman - Ula-
phoned a requeat for $50X50 to aid Roosevtlt In his 1104 cam?a!;?u He
said that Twombty aaid that Harriman had represented that noosavtlt. In
sisted on an additional contribution to the cam?al;n fund. . . ' , - '
? MeVeagh was named In the testimony yesterday cf a newspaper ccrrt
spondsnt Judton C. Welllver, who said that McVea;h had told him hs was.
standing beside Pitrpont Morgan when Harriman called .up to jscuf a
additional aid for Rooaevelt ; v - '7 V' ' ' ' :-
'irrtt ' '.jr.l-iv.I Esecta- tta:alt!'- Cabte'l
"1 WASHINGTON, D. C" Oct 8UCnator Chauncey D$ptw ts-fiy ttstl- f
fUrf tht hm had eontributed t13.CC3 to the camoalan of w. 1 C. C Jill f:r'
complete, iamman'i fund mzw&asH
v .. ffc'peclAl; Star-Bulletin Cablel. : .: ; . . ... ".-
T A CO MA, Wash., Oct Elmer Dover, secretary of; the Fleputnein
national committee from 1904 to 1903, Issued a statement htre today en tte
campaign fund expose, in which he says that he has a copy cf the list of .
contributions made to the late Cornelius Olisa, treasurer of the campa!;n
of 1904, which he Is read to produce-If. the Investigating commlttsa. re-1 ;
quests iu -.1 . .h .
Fifty Killed
:V'-v.- tAMociated Pi- CaoiO TiV:'0';"'--
TAMPICO, Fla Oct 8. Fifty persons were killed and a hundred In
jured here today through the explosion In a warehouse of BCO. kagi. of
powder. .
. , . Special
LOS ANGELES, Cat, Oct SV Heine Heitmuller, famous as a Cali
fornia football and baseball' player
fielder, lately with Loa Angelea, died here; today of typhoid fever, no
has played up to within a few days, when he was suddenly stricken III.
New Face on Bench and New
Scale of Fines, and Attor-
ney Is Dismayed
There are judges and judges, as
Attorney Charles Chillingworth 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,
Chillingworth. as attorney for the
Hackmen's Union, had favored his for
feiting the 10 bail he had put up.
Chillingworth' says the officers at the
police station demurred and said it
would be better for Fukumoto to apt
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
An indication that the government
is preparing to let the con fact at an
early date for the construction of the
Federal building at Hilo. for which
Congress has appropriated $2O000.
was recrived today by Governor Frear,
in the form of a communication from
the Assistant Secretary of the Treas
ury. The letter is an inquiry into the
present status of the case, asking
whether the stipulations made by the
rress Cable I - ' :
Press Cable " .. , . ., "
' J1
In Explosion
Star-Bulletin Cablel , ' .
and later a noted Coast -Itague . out-
absent, and Judge Larnach of the sec
ond district is sitting In his place. ' -
Chillingworth, not figuring that
there would be any difference in the
fine Imposed, entered a plea of guilty
for his client v " ." ' l . ':
T fine him $25 and costs," remark
ed Judge Larnach pleasantly, thla be
ing the limit ' , ; -. ' '
.i -What's the patter; he say r ques
tioned Fukumoto. . . :.. t
T-wen-ty-flve dollars and costs,"
said Chillingworth dully. - -- ?
"O-ooee! - More better ! no came,"
shrilled Fukumoto dismally, r
And then Mr. Chilllngwoftir made
a quick run for the clerk'a oOce and
came back waving an appeal blank.
He will take the case to the Circuit
Court on the ground that cruel and
unusual punishment 'has , been .in
flicted. Federal rnvmmpnt hav hn com
plied with. The Governor says that
the conditions set forth have been met
by the Territory, and that all is now
in readiness for the actual building i
construction. .
Tha nriHnal hlvk intended for thm
Federal building site could not be ob-
tamed in its entirety. It was unusual
ly large, however, so It was divided f
lntr tvn mHi m at root 1aM alnnr thm
bisecting line and the complete half
then set aside for the Federal govern
ment, the remainder of the large bloc$
being turned over to the Territoryx
Tne street is now an esuousnea iaci-
ana tne o;a lease, neia oy iuioer oer- ,
e ranee, has been canceled. ; These V,
were the principal requirements aaaea '
of the Territory by the Federal gov-
&nnu an4 It im thrtnht that rtTWlft '
nunt rt nnvArnnr FresVa favorable
reply the Secretary of tne Treasnry
will ftnmiwIUrAtv laatiA 4 ftll fnt KffTS - '
on the proposed structure.

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