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day's News, today you can 11 nil It In THE 8TAK I VOL. X. HONOLULU, II. I., MONDAY, OCTOBER 6, 1902. No Sm 7T 13 SECOND lili18 EDITION wv A TT A 1T 98 NOT LEGALLY OF THE BRASH TRUST Finds that iagoon'S appoint ment WAS NOT REGULAR SEC OND ANNUAL TERM OF SU PREME COUIIT OPENS TODAY. The second annual term of the Suj preme court, under the act of the last legislature providing for such terms beginning In October, opened this morn. Ing, with 39 cases on the calendar. This' is a comparatively small calendar, as the court nearly cleaned up Its busi ness before adjourning last July, and the circuit courts, with only one judge sitting at a time In Honolulu, have not been sending up many cases. Amonir the most Inmortant cases on the calendar are the two test flsherjH rltory and J. O. Carter eft.al against the. Territory, in Doin tneso cases juuge Humphreys threw the plaintiff out of court. There ate 78 cases awaiting trial In the circuit courts, Involving the same points. y. The Supreme court Is also expected to decide in the near future as to the right of legality of.more than one Judge hold ing court at the same time In the first circuit. Judge De Bolt Is disposed to hold that such sessions may be held, while Gear holds to the view express ed In the decision ty himself and Hum phreys some months ago, that only one judge can sit at a time In term matters. This decision Is being followed, but it is said that If the Supreme-o'urt does not take up the matter and decide It In the near future, De Bolt and Robinson will change the practice and return to the old system. "With Associate Justice Galbralth pre siding and Circuit Judges De Bolt and Gear sitting as Associate Supremo Justices, the Supreme Court this after noon took up the fishery rights cases, appealed from Judges Humphreys. Chief Justice Frear and Associate Jus tice Perry were both disqualified to hear the cases, having property inter ests which 'will be affected by the deci sion, and the situation, as a conse quence, Is as was described to the Unit ed States Senate Commission an likely to develon Under thf I-In.wn.iian .statute. "the case' being heard by one regular I vfnrti mpmhpr fit th rnnrt nnri fwn I other members ol the bench or bar called to sit with him. This is a law which the Commission was asked to have amended If possible. The arguments are expected to take over a day, as the issues Involved are very Important. 78 suits against the Territory for the value of private fish ing rights being dependent upon the determination of the law. Robertson & Wilder appear for the Territory and Hatch & Silllman for the rlalntlffs-ap-pellant. Judge Robinson gave a -ruling on Sat urday afternoon In the matter of the guardianship of Susan Brash, holding that J. A, Magoon, who has been act ing as guardian for about ten years, was never legally appointed guardian. Magoon's actions as guardian and as administrator were attacked by Fitch and Fleming, who filed a petition ac cusing the guardian of disobeying the orders of the court, and falling to turn over money alleged to belong to Miss Brash. The court held that the ac counting had been all right, and that tMagoon's authority as administrator had been legally acquired, but that he was not legally made guardian. The Brash estate was disposed of by the will of William J. Brash probated in 1880. He named his brother as ad ministrator , leaving property valued now at about $12,000 In trust for Susan Brash. In 1SS2, Brash resigned and Chief Justice Judd made an order ap pointing Magoon administrator. The order making Magoon guardian was In formal and without any hearing, and Judge Robinson held that It was void, and announced his readiness to sign a decree appointing a guardian. Magoon's last account showed the property to be worth $12,900. His man agement as administrator was approv ed by the judge, the charges being held to be not sustained, aijd the trust therp-J xure remains miacii , Want ads In Stir cost but 25 cents. lOUHIIllUHIIIMIIHII 5 I a M n H M H id a Accident Insurance, I Helps the Pain . J You won't suffer so much if you have a good policy to think about while you are re covering from the accident. Helps you pay the Doctor's Bllliand have necessary things too. Take out a policy In the Standard Accident Company, JIB M M M M M M General Agents for the Hawaiian Islands. 933 FORT STREET IG ROBINSON MX Miniiuiimnninuii APPOINTED No Award for Fire Truck 'Has been Made Tenders for furnishing the Honolulu Fire Department one BC-foot aerial turn table Hook and Ladder truck were opened by thet Board of Commissioners on Saturday afternoon in the presence of most of the bidders, No award was made because of a technicality which has arisen and concerning which the opin ion of the Attorney General has been asked. The Commissioners asked for tenders for an aerial Hook and Ladder truck, but since then they have seen a style of truck that suits them better. Bids were received fqc this, truck as well as for the aerial, but as the advertisement for tenders only called for bids on the aerial, the legal question lias arisen whether an award of contract for the other kind can be made on this advertisement. The At torney General has been asked for his opinion. .It' the holds a that the award can be .made, me uiuur iur 11 win u lurwuru by the Coptic. BUSINESS CONTEST NEW IDEA IN CONNECTION WITH THE THANKSGIVING DINNER- RIVALRY AMONGST NEWSBOYS Notwithstanding the fact that Thanksgiving Is not due for some time, the Star newsboys have commenced in a quiet way to ascertain if they are to be the guests of the Star at a holiday dinner. They will be glad to know that they will have their usual dinner and the Star will try to give them u huppler and more bounteous day than ever. ' For a number of years this pa per has cared for its newsboys on Thanksgiving. The smart little fellows are feasted and then sent to the foot ball game. It Is the brightest day In the year to them. This year the Star proposes a new Idea In connection with Its newsboys dinner. It will be an honest, legiti mate business contest among the boys and will last for seven weeks. The boy who sell3 the largest number of Star3 in the time mentioned will be presented with a new outfit a swell salt of clothes, a pair of shoes, new hat, shirt, necktie, choker collar and for good measure a bright silver dollar for pocket money. The winner of the first prize will be a dude; he will have the honor of leading his companions to the Thanksgiving Dinner, In fact, he will be the bell leader of the bunch, as Billy Baxter would put It. The boy who sells the second highest number of Stars will be given $7.50 in coin. The boy who sells the third highest number of Stars will be handed $5 In gold coin. The contest will commence with to morrow's issue. There will be .rules which the boys must follow. The Star's idea is to make the contest a healthy, clean business rivalry, arid the boys who sell the greatest number of papers will be rewarded as above stated. The contest will end on Monday, November 24, and the result will be announced the next day. MEXICO BUYS A RAILWAY. MEXICO CITY, Sept. 26. Great in terest has been aroused by the an nouncement today that the Govern ment has bought, In London, the con trolling Interest In the lnteroceanlc railway by purchasing the majority of newly created bonds in, whose hojders, lTlf virtue of an arrangement creating them, is vested the administration of the property. The purpose of the Gov- ernment was to secure control of an Independent railway to the Gulf of Mexico. HYGIENIC UNDERWEAR. L. B. Kerr & Co. have received a special purchase of Men's summer weight, natural wool underwear. -All sizes, and only $1.25 a garment. FISHERMEN Would do well to Inspect our line of tackle. The m'dst com plete lino of anglers and fisher men's supplies In the c(ty. Surf Rods, 21 feet, oc. ft POTTER CO,, LIMITED. UNION AND HOTEL STS. PHONE MAIN 317. AMONG STAR MPERIAL DECREE OUT AGAINST YANG WEI PIN FORMALLY CHARGED BY CENSOR KWAN YUNG JAR CHINESE EMPEROR DIRECTS AN INVES TIGATION BY A COMMISSIONER. The "Sun Chung Kwock Bo" received by the steamship Coptic from Its Shanghai correspondent -by registered mall, what the correspondent gives as a copy of a decree of the Imperial Court at Peking directing the appoint ment of a Commissioner to proceed to Honolulu to Investigate the charges against the Consul Yang Wei Pin. This decree, It Is supposed, is the re sult of the charges filed through Min ister Wu Ting Fang by Chinese resi dents here, against Consul Yang Wei Pin. The document received by the Sun Chung Kwock Bo sets forth that the decree was" dated September 9, 1902, and a translation of it Is as follows: "Censor Kwan Yung Jar has pre sented memorials against the Chinese Consul and Vice-Consul at Honolulu, to this court, with charges preferred against them, namely: Offensive parti sanship, corrupt practices, humiliation iu uvi. iiaiiun iuiiu uuuuiea iu puniest: subjects;' and the censor begs to dis charge them from further service as consuls at Honolulu ,and that a Mln lsterTsldlng In a foreign country be telegraphed to, to Investigate the char ges In order to promote the national civilization and to protect the Inter ests Of the merchants at said place. "In consideration of the above char ges, this Court has to state' that the appointment of consuls to foreign coun tries Is to -protect the Interests of mer chants and laborers. But Instead of acting thus righteously, the consuls at Honolulu, according to the further statement of the said censor, have bought and sold &laves and smuggled opium Into the port of Honolulu, ac tions dishonorable and unbecoming gentlemen. "Now this court has commissioned Prince Choy Chun, our Special Ambas sador to the Coronation of King Ed ward VII. to appoint a Commissioner residing In the vicinity of- the said con suls for the purpose of investigating the facts of the charges. Such Com missioner must take immediate step3 for such Investigation, and must not be biased. "This Is a transaction touching the national honor, and every fact must come to light that foreign peoples shall have Just cause to denounce us. "The charges will be made out In duplicate and mailed to Prince Chun, and this decree wired to him for his information. This court herein orders a cabinet officer to certify the above to Prince Choy Chun for action at once." At the date of this decree, Prince Choy Chun was on the continent of America on his way back to China from his mission to the coronation of King Edward. Accusations of smuggling were made against Consul Yang Wei Pin several months ago 'and were referred by the state department through the treasury department to Collector Stackable for Investigation. The charge of buying and selling slaves Is one that was not made miblic here before this. Yang Wei Pin went on a visit to his native town near Canton Just aboul two months ago. A. VALUABLE CARGO. SEATTLE, September 25. The Globe Navigation Company's Steamship Tamplco, 'Captain Charles W. Ames, sailed last night for the Hawaiian islands with one of the most valuable cargoes ever sent to the mld paclfic possessions of the United States. She had close to 2,000 tons of Seattle freight, valued at $250,000, and will take on 400 or 500 tons more at Roche harbor. Flour, beer, lumber, lime, coal and machinery, all products of this state, constitute the bulk of the Tamplco's cargo. Of beer alone she has over 200 tons, all shipped cold storage. PATIENTS CONVALESCING. Mars ton Campbell and John Guild, at the Queen's Hospital are both reported as Improving rapidly. 'Mr. Guild ex pects to leave the hospital within a few days. NEW CAMPAIGN EMBLEM. A new campaign emblem has made Its appearance. It Is being displayed more or less by Republicans, particu larly native Republicans. It consists of a handkerchief with a Royal Yellow border, and In one corner a portrait of Prince Kuhlo surrouujled by Hawaiian and American Hags, and the motto !Jfo Ka Pono Kaullke o ka Lehulehu' $qmil Rights To All." ' l r: ; AN ILLUSTRATION. The Prudential Insurance Company Is'jJueb all modern form of contracts. Ths fendowment policy Is a good Illus tration: The ten-payment twenty-year enuowmeiu, wnicn ni ago iniriy-nve costs,' $82.81 annually per thousand on the profit-sharing plan, so that In ten years the deposits aggregate only $825.10 and $1,000 is guaranteed In return at the end of twenty years, during which pe riod Insurance for the full $1,000 Is fur nlshed. Hawaiian Trust Co., Agents, MILLINERY. In our millinery department we have a choice assortment of the newest novelties. An up-to-date hat trimmed to order costs Just half of what it would elsewhere. - L. B. Kerr & Co., Queen street. DAMAGE SI! T AGA ST A MINOR IS USELESS JUDGE ROBINSON REVERSES A JUDGEMENT OF THE DISTRICT COURT SUIT FOR LOST HORSE AND CARRIAGE, t Judge Robinson disposed of several Jury-walved cases today, among them, Delng that of Sr H. Judd. doing hum ness as the Wafkiki Livery and Board ing1 Stable, vs. Womr Fal. a suit for d$piags for the destruction of a horse, carriage, etc. in which Judge Dickey Have a judgment for $300 damages. Judge Robinson decided In favor of the defendant, on the ground that Wong Fal was under age when the loss of the property took place, and "an Infant Is not liable .Upon the contracts entered Into by him," Ip the case of Emily C. Williams vs. W. R. Sims, administrator, a Judgment wns entered for $145, with $26 interest and $19 costs. In the case of Chung Sang and Lee Chu vs. Joaquin Camara, Judgment for $300 damages and $31.50 costs was en tered. The accounts of J. M. Dowsett as ad ministrator of the estate of H. M. Still man were approved. This Is Judge De Bolt's week as pre siding Judge at chambers, but as he Is likely to be engaged all week with the Sumner case. Judges Robinson and Gear will look after probate matters. LAUNCH IN T,ltE SEARCH. Young Brothers had one of.vthelr launches out by Kahala point 'tills morning searching for the'jbody of young Lucas who was drowned Satur day. Only two fishing boats were In the vicinity. The launch returned shortly before noon today. It Is thought beyond any question that sharks have devoured the bod,y. THE WEATHER. Weather Bureau, Punahou, 1 p. m. Wind Uglif. south; threatening to the north; will ' -'most likely rain on the north side of tliesland. MBrnlng minimum temperature, 67; midday maximum temperature 82; ba. ronieter, 9 a. m., 29.94 falling (correct ed for gravity); rainfall-24 hours end ing,, 9 a. m., .01; dew point, 9 a. m., 6S; "humidity 9 a. m. 71 per cent. V CURTIS J: LYONS,"ObserVev. HE WASN'T KILLED. Joe Silva, the boy who was reported on Saturday to have been killed by a stone thrown at him by his brother Is at the Queen's hospital only slightly hurt and will be discharged tomorrow. CARTER APPOINTED GUARDIAN. A. . W. Carter has been appointed guardian ad litem of George II Brown and Francis Hyde Brown, minors, for the purpose of the-suit brought against them and others by C. A. Brown, to en join the Mrs. Holloway et al from en forcing new by-laws of the John II Estate, Limited. ANOTHER BIG LINER. The White Star Company has let a contract for the construction of a ship to be larger than Its mammoth Cedrlc. The latter is 700 feet longer and has accommodations for 3,000 passengers. The new express racer will be greater than '21,000 tons measurement and twenty feet longer. MESSAGE FOR FUN. 8 YOKOHAMA, September 27. A telephone message was re ceived at tho residence ot Mar quis Ito at Shlba on the night of the 18th Inst, stating that the sender fo the message Intended to assassinate the Marquis. The police were soon Informed of the fact, and tho sender was quickly traced. He was Identified as an employee of the Telephone Ex change In Toyko. Ho confessed that he sent the message for fun. His employers considered that his sense 'or humor was alto gether too acute for his Job, and he wns dismissed accordingly. PHYSICIAN'S RESIDENCE A residence for the Resident Physi cian is being built on the Queen's Hos pital grounds near the Vineyard Street entrance. It is well along In construc tion now and will be completed within a few- days. GENERAL BOOTH SAILS. LONDON, Sept. 26. Qeneral Booth, commander in chief of the Salvation Army, will be a passenger on the steamer Philadelphia, which Is to sail from Southampton tomorrow for New York. STRICKEN WITH PARALYSIS. Henderson Grlmett, of this place, was stricken with partial paralysis and complete!" lost the use of one arm and side. After being treated by an emi nent physician for quite a while with out relief, mv wife recommended Chamberlain's Pain Balm, and after using two bottles of It he Is almost ent tlrely cured. Geo. R. McDonald, Man, Logan Co., W. Va.. U. S. A. Severn! other very remarkable cures of partial paralysis have been effected by the use of this liniment. It is most widely known however, as a euro for rheuma tism, sprains and bruises. Sold by nil druggists. Benson Smith & Co., gen eral agents. FRUITS AND VEGETABLES. Don't forget Camarlnos of the Call fomla Fruit Market when you want fruit and vegetables. He always has on hand a fresh supply of both Califor nia and Island fruits. Telephone Main PROTECT Opium Brown Fools Hilo Police Force Opium Brown Number 2, re turned on the Claifdlne from Hllo, whero he spent four weeks and Incidentally kept the police busy looking for opium deals. When Brriwn laritled in tiio Rainy City the police at once suspected that there was opium coming and they pro ceeded to watch Brown. No mysterious schooner hovo in sight and only once did the of ficers appear to be on the trail of anything definite. That was when Brown paid a night visit to the steamer Enterprise and returned lute with a Wg bundle under his arm. He was tracked 'to a water front saloon and the bundle left .there. Imme diately a search ivarrant was se cured and the place was visited by the police. The bundle was found to contain rubbish, and Brown told the officers tp cnll again. The man with thfe repu tation for opium schemes did not seem to have any particular business during the four weeks he spent In Hllo, jind the watch over him was constant. THE FAST RECORD OF THE COPTIC MAKES TRIP FROM YOKOHAMA IN NINE AND HALF DAYS. SIR JAMES MACKAY A PASSENGER. With nnother fast record to her cre dit the S. S. Coptlo arrived this morn ing from tho Orient, having made the trip from Yokohama to this port In 9 days, 13 hours and 28 minutes. She left I Hong Kong, September 16 nnd Yoko- hama, September 27. Good weather was ,oxperienod .during lhe-trlpr-- gers for this port among them being S. J rj Tile vessel orougnt iu caoin passen- . Fortln and family. He Is a civil engi neer nnd has been In China for some time. The most notable passenger nboard the vessel Is Sir James Mnckay the British Commissioner who was In China to attend to the preparation of a new 1 made In San Francisco and Is In use by tarlff schedule. Sir James Mackay was the San Frnnclsco department. Tho ex-, a member ot the same commission that tension Is made from the ground In General Sharrats who recently passed stead of from the truck, Is firmer and through here on the China, attended, safer In Its footing, Is not subject to Sir James has concluded his work In I China and Is now on route home, ac companied by Lady Mackdy, daughter and maid. Lieutenant T. H. Bell was chief of scouts In Manila. Col. J. 'McE. Hyde was formerly the American quartermaster at Nagasaki. He has been stationed in the Philip pines. Professor w. a. Jlcuiure is a mission. nry who has been doing work in binm. He Is accompanied by his family. The Coptic passed the Korea in tne Inland Sea. The Coptic brought 640 tons of freight for this port and -will sail for Snn Francisco nt 6 o'clock tonight. A NOVEL PROCESSION. An unusual sight and one that at tracted a great deal of attention nnd gathered a considerable following was wltnossed this morning. Two Japanese were carrying a Japanese woman In a sort of palanquin covered with a red blanket. The woman was evidently 111 and wns being taken to the city physician's office for treatment. The palanquin consisted of a narrow mattress sus- pended from a strong pole. Over thel pole and falling down to the sides of the mattress was thrown a brilliant red cotton blanket for shade and privacy. The blanket falling down from tho pole to the sides of the mnttress gave the general appearance of a tent. Two stout and lusty jnpanese men carrieu this burden through the streets from some place Irf Palama-to the city phy sician. Nearly every ono who saw it turned to look and scores ot natives and others turned and followed the unusual conveyance for some distance on Its way. Nearly every Jap wno met tne unusual procession stopped to Inquire regarding tho health of the woman In the palanquin. The Oriental Life Insurance Company sells nil modern forms of policy. En dowment, Limited Payment and Straight Life. Baking Powder Made from pure cream of tartar. Safeguards trie food against alurru Alum baking powekrs are th J(cst mtnocers to health of the present day. 40YAI OAKINO POWpfR GO,, NtW VOftK. ' ' ' 1 1 SKY - SCRAPERS ONG LADDERS NEEDED TALL WHY THE BOARD WANT AERtAU LADDERS AND SOME RECENT . .1 IMPROVEMENTS IN THIS CLASS OF FIRE EQUIPMENT. The Introduction of tall buildings In Honolulu has made Innovations In fire department appliances necessary. The extension ladders which the Board ot Fire Commissioners are about to add to the equipment are made useful andt necessary by tho tall buildings already erected and those which are In process of erectidh and contemplated. It 1s pot the Intention of the board to man the new hook and ladder equip ment with additions to the force at present. Such Is riot considered neces sary. The tall buildings are here, and to adequately fight fire If It should oc cur In any of them, requires this mo dern hook and ladder equipment. But to man It with a crew additional to the force already In the service would be to go to an expense of several thou sand dollars a year merely to protect' the comparatively few tall buildings al ready here, from fire. The apparatus however, purchased nnd housed at the central fire station. Fort nncf Beretnnla streets, would be ready for use at any time it is needed manned by a crew temporarily detach ed from some other apparatus not nepd ed at the time. The fire commissioners also think thlsr Is a good time to provide as there are funds sufficient In the appropriation for this purpose, and not specially needed for any other. If It Is not spent during: this biennial period It will go back to the treasury as a government realiza tion, and will have to be re-approprla-ted before It could be used for this pur pose, and even If the next legislature did re-approprlate It, the Imperative need for it may arise at any time. It Is therefore the plan to provide the equipment as soon as mny be. The 'equipment Is essentially ladders so constructed as by mechanical means tn be extended so as to enable men by means of them to mount to -the upper stories or tne roots .or tan nuuuings.. The general design of lndder advertised for was that mounted on a truck and raised and lowered by means of me chanical devices. Since the advertise ment was made a modification of this general style has been brought to the nttentlon of the commissioners. It la accidents to the truck nnd Is more ser- vlceable where telegraph, telephone nnd electric light wires run close to buildings. NEW CITIZENS ADDED. Portuguese Adopting United States aa Their Country.. There was a large crowd ot would-be citizens of the United States In the Federal court this morning, with their witnesses, and twenty-one new citizens were added to the roll of voters In a short time, seventeen of 'them being; Portuguese. The naturalizations are largely the work of the new Portuguese Club, which has aroused an Interest in the political situation umong the Por tuguese and of the Republican com mittees. The following Is a list ot those naturalized: A. L. Perry, M. V. Souza, Jose Fernandez, Manuel Lean dro, John G. Abreu, E. A. Cabral, J. Souza, Manuel Caldara, Joseph Cama ra, John S. Marquis, Jr., Manuel E. Souza, M. Madclros, John Carvalho, August Carvalho, A. Camlllo, August Ornellas, Philip Gomes, all or Portugal; - v. Rusael Riley of Canade, C. A. Simp- son of England, C. H. Patzig and L. C. Wytgelrts of Germany. READY FOR FOOT-BALL SEASON WeVfi got n. swell shoe for foot-ball players. Bet ter come and see it, made of heavy tanJc"athor. solid toe anu strogrromiprc ocl. It is thti". regulation foot-ball bIioo. Tho price is $3.50 Gyraasium Shco too 'coine and see them. COMPANY, LIMITED 1057 FORT ST. FOR BUILDINGS ilHfiSlfflt .'V j 1'' "lui ''I -, M t '0 378, A1'