If yon want to
day's News, today
you can 11 nil It In
HONOLULU, II. I., MONDAY, OCTOBER 6, 1902.
Sm 7T 13 SECOND
wv A TT A 1T
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
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
"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.
5 I a
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,
General Agents for the
933 FORT STREET
No Award for
'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.
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
The boy who sells the third highest
number of Stars will be handed $5 In
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
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.
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,,
UNION AND HOTEL STS.
PHONE MAIN 317.
MPERIAL DECREE OUT
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
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
"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
"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
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
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.
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
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 $1,000 Is fur
nlshed. Hawaiian Trust Co., Agents,
In our millinery department we have
a choice assortment of the newest
novelties. An up-to-date hat trimmed
to order costs Just half of what it
would elsewhere. - L. B. Kerr & Co.,
SI! T AGA
A MINOR IS
JUDGE ROBINSON REVERSES A
JUDGEMENT OF THE DISTRICT
COURT SUIT FOR LOST HORSE
Judge Robinson disposed of several
Jury-walved cases today, among them,
Delng that of Sr H. Judd. doing hum
ness as the Wafkiki Livery and Board
ing1 Stable, vs. Womr Fal. a suit for
d$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
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.
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
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.
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
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
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
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
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
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
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
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
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 Oriental Life Insurance Company
sells nil modern forms of policy. En
dowment, Limited Payment and
Made from pure
cream of tartar.
Safeguards trie food
Alum baking powekrs are th J(cst
mtnocers to health of the present day.
40YAI OAKINO POWpfR GO,, NtW VOftK.
' ' ' 1 1
ONG LADDERS NEEDED
WHY THE BOARD WANT AERtAU
LADDERS AND SOME RECENT
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
NEW CITIZENS ADDED.
Portuguese Adopting United States aa
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.
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
Tho price is $3.50
Gyraasium Shco too
'coine and see them.
1057 FORT ST.
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