The Hawaiian star. [volume], December 15, 1903, Image 1

About The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912

Image provided by: University of Hawaii at Manoa; Honolulu, HI

                
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.THE STAlt
THJBMST ODO ADVBRTISB-NOW !
.VOL. XI.
HONOLULU, H. T TUESDAY, DECEMBER 15, 1903.
No. 3661
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5
ROOSEVELT'S NEW
PANAMA TREATY SAFE
DEMOCRATS HOLD A CAUCUS WHICH IT IS BELIEVED
MAKES THE RATIFICATION OF THE TREATY A CER-
' ' TAINTY DEMOCRATIC, SENATORS TO BE CON
TROLLED BY THE TWO-THIRDS RULE.
'Associated Press Cable to the Star.
-. WASHINGTON, D. C, Dec. 15. A Democratic caucus was held
here today to consider Senatorial action on the new Panama treaty. It
was decided to make two-thirds of the member's vote binding Upon all.
This assures a ratification of the treaty.
:o:-
TO ANNEX
SAN DOMINGO
UNITED STATES MAY TAKE HOLD OF THE TROUBLED
COUNTRY AND END HER REVOLUTIONS A RESOLU
TION PROVIDING FOR ANNEXATION INTRODUCED
IN THE SENATE THIS MORNING.
Associated Press Cable to the Star.
WASHINGTON, D. C, Dec. 15 A resolution has been, introduced
in the Senate to annex Santo Domingo to the United States.
:o.
JAPAN IN
THE
CONFLICT RESULTS FROM
TO QUELL RIOTING AT MOKPHE AN ATTACK. MADE
ON A KOREAN MOB OF
OF THEM WOUNDED.
Associated Press Cable to the Star.
SEOUL, Dec. 15. Rioting has
ese marines'attacked a Korean mob
fighting. It is feared that serious
trouble and the landing of Japanese marines to preserve order.
craoilTfffi m
A CUT OF SEVENTEEN PER CENT ANNOUNCED IN PENN
SYLVANIA MINES NEAR CONNELLSVILLE AN
NOUNCEMENT OF ,A SJ2RIOUS REDUCTION WHICH
WILL AFFECT THIRTY THOUSAND LABORERS.
'Associated Press Cable to the Star.
CONNELLSVILLE,-Pa., Dec.
has been made in the salaries of cokeworkers here. The cut affects 30,
000 workmen. .
Associated Press Caole to the Star.
border and fighting is anticipated.
FIGHTING
:o:-
Associated Press' Cable to the Star.
ST. PETERSBURG, Dec. 15.
tween Turcomans and Persians on the frontier.
:ot
L
Associated Press Cable to the Star.
WASHINGTON, D. C, Dec.
dicate that the revolution at Puerto
1904 KNICKERBOCKER WAISTS.
Advance shirt waist styles Just open
ed, 7$ different tvlea and patterns of
Nev York's favorite waist placed on
sale todav no two alike. N. S. Sachs
Dry Goods Co.
Voc
a .?t
Another
Shipment of fresh
dog cakes and puppy
food has Just been
received.
Also a complete line
of Spratt's Dog Re
medies and Kennel
sundries at Pearson &
Potter Co., Ltd.,
Union & Hotel Sts.
0
UT10N
ELD
HER LANDING OF MARINES
RIOTERS AND SEVENTEEN
been renewed at Mokphc. Japan
and wounded seventeen during the
complications will result from the
15. A cut of seveenteen per cent
awWwtnWfflBB
:o:
F
Serious fighting is reported be
15. Reports received here today in
lJlata is serious.
GALLAGHER CASE.
The case of Ben Gallagher, charged
with the Parker diamond robbery, was
continued this morning until the Jan
uary term of the court.
SPECIAL RATES.
We will give special rates to all
teachers and Sunday Schools on holl
day goods. Arlelgh & Co., 1156 Fort
street.
WHAT IS A COUGH? '
A spasdomlc effort to expel the mu
cus from the bronchial tubes. A cold
causes a more abundant secretion of
mucus, and when the lungs and brou
chlal tubes are inllamed, they 'are ex
tremely sensitive tq the Irritation. Un
less care Is taken, the cold may result
In pneumonia, which Is swift and dead
ly. If the cold la a lingering one, the
more leisurely but equally fatal con
sumption may set In. Do not neglec
a cold or cough. Take Chamberlain'
Cough Remedy. It nlwnys cures and
cures quickly. Sold by nil dealers,
Benson Smith & Co., general agents
NEW CHRISTMAS PIANOS.
New Kroegers on easy terms from
now till Christmas, Come nnd learn
our easy payment plan. ' Bergstrom
Music Co.
F
ftNTiCIPATED
IGHTING
SERIOUS
Star Want ads pay at once.
t
Kidwell Made
Goiri Speculation
THREE THOUSAND DOLLAR PURCHASE OF LAND
WORTH FOURTEEN THOUSAND DOLLARS UPHELD
BY THE SUPREME COURT HOW A LUCKY DECISION
MADE A DEED DOUBLE IN VALUE.
The Supreme Court this morning
gave a decision, with three opinions, In
the case of -Frank Metcalf, trustee for
Thomas Metcalf, against John Kid-
well. The suit was brought to set aside
a deed made to Kidwell by Thomas
Metcalf, In April, 1899, of 36.10 acres 6f
land for ,000, the land being worth
$14,000 a3 shown by the evidence. The
deed Is sustained, Oalbralth dissenting,
the majority of the court holding that
the doubtfulness of the title and the
terms under which the deed was made
make It a valid Instrument In spite of
the Inadequacy of consideration.
When the deed was made Thomas
Metcalf thought he owned only ont
half of the $14,000 worth of land, and
there was much possible litigation over
the title to that. He deeded all of his
Interest, "whatever It might be," to
Kldw'ell and In June, 1902, the Supreme
Court of Hawaii held that he .owned
all of It, Instead of one-half. Emma
Metcalf Ikalka, who was supposed to
own one-half, and whose Interest' Kid
well also bought, was held to have no
title at all, not being a lawful begotten
child of Frank- Metcalf. .The opinion of
the court, by Perry says:
'The Circuit Judge found that the
deeds had been executed through a
mistake, shared in by both parties, as
to what Thomas' Interest was, and that
at the time the grantor Intended to
convey and the grantee to acquire
thereby an undivided one-half Interest
only, and decreed a reconveyance of the
other one-hulf. It Is from that decree
that the present appeal was taken.
The evidence does not show that the
parties to the deed or either of them
understood that the interest conveyed
was not to be in any event greater than
an undivided one-half or Intended to
limit the operation of the deed to that
operation 01 me ueeu to tnui
extent. On the contrary It does show
that both parties understood that all
of the grantor's Interest, whatever It
might be, without limitation large or
small was being sold and, purchased
and was to pass by the. deed, and this,
too, although both parties doubtless
supposed that In all probability the
grantor's Interest would prove to bo
not more than one-half. The parties
speculated. Now 'that the Interest In
question has proven to be or seems to
be the whole, equity can not grant the
grantor relief.
"There Is nothing In th" evidence to
warrant a finding of actual fraud. The
parties were not In any relation of
trust or commence but dealt at arm s
length. The grantor was cautioned be-
fore entering upon the negotiations
leading to the execution of the second
JONES DRAWN
ONIRANO JURY
ALLEGED MURDERER IS ON THE
LIST OF FEDERAL JURORS FOR
APRIL.
E. M. Jones, the alleged murderer,
was drawn as a member of the federal
trial jury for the inext term of the
United States Dlstrlot court, this
morning. His name came out in the
regular course of business. The fol
lowing are the nineteen Grand Jurors
who .were selected for the term, which
Is to open In April in HUo: T. J. King,
W. McCandless, O. K. Stlllman. C. V.
E. Dove, C. H. Judd, C. W. V. Forster,
H. E. Hendrv. E. II. F. Wolters, A. V.
Gear, T. K. Clarke, E. C. Holsteln, C.
A. Bon, H. II, E. P. SulUVan, John
TH i. T"t tT 1 C3 t TlflMi am
uryam, tu. ciimmi, o. . u.,
r.. u. joneM, niuiy uuuica, ucuic iv.n
hunui, Frank L. Hoogs, Fred Arm
strong, J. S. Walker, J. J. Hogan, J.
rmlgula.
The trial Jurors selected for the same
term are as follows: W. Hadden, W.
G. Brash, A. Gartenberg, S. Lowdem,
H. L. Shaw, N. Burgess, C. J. Camp
bell, D. Forbes, J. Erlkson, B. L. Jones,
Charles Glrdler? J. T. Fernamdez, Wal
lace Anderson, Frank Davey, J. S.
Perrla, W. B. Hopkins, Isaac Iaea,
Thomas Honan, Sam Decker.
PASSENGERS.
Arriving.
Per stmr. Mauna Loa, December 15,
for Lahalna, Maalaea, Kona and Kau
ports R. I. SUva and wife, M. F.
Scott, W. W. Wescoatt..Mrs. R. Hay
selden, J. A. Mngulre, Judge Edlngs,
F. E. Hlme, Mrs. F. S. Maloney, MUs
R. Hayselden. Willie Ray, F. Gouvela,
Miss Anderson, J. Glenn, Miss De Mello
Miss De Mello, J. de Melto, Mrs. J.
Glenn, Miss Anderson, J. K. Nnhale,
V. Fernandez and servant, O. Shlpman,
W. Waggoner, Miss Margaret Forrest,
J. J. Newcomb, J. L. Coke. Mrs. Keoho,
Mrs. Pascat, Miss 'Amy Greenwell,
Julian Greenwell, J. It. Paris. Mrs. O.
Clark, James Edwurds, Mlas Lohey,
nnd 40 deck. .i
SIBERIA DUE ON SUNDAY.
A special cable to the Marine 'Ex
change today nnnounced the departure
of the S. S. Siberia from Yokohama on
December 11. The vessel will there
fore arrive here next Sundny morning.
She may be reported on Saturday
night.
GOING AWAY FOR HOLIDAYS.
Good sized crowds departed today on
the steamers Klnau and Mauna lon,
for Maul and Hawull ports to enjoy the
Christinas holidays on those Islands.
Sheriff Andrews of the Island of Ha
waii was a departing passenger for
HUo.
a
deed that he was at liberty to repudl-
ate the first and that he was not un-
der any obligation to confirm It.
"The decree nppealed from Is revers
ed and the cause remanded to the
Circuit Judge for the entry of a decree
dismissing the bill and for such fur
ther proceedings as may be necessary."
"Thomas Fitch for complainant; Rob
ertson & Wilder for respondent."
Chief Justice Frear concurs In a sep
arate opinion and Associate Justice
Galbralth ' dissents. His opinion con
cludes as follows: -
"Again the deed Is unfair and unjust
and ought to be1 reformed on this
ground alone. The finding of the Cir
cuit Judge that the three thousand
dollars Is rtot a fair consideration for
one-half bt the land is supported 'by the
evidence. The lowest valuation placed
o'n It by any of the witnesses at the
hearing was ten .thousand dollars. 1
am not willing, under the clrcumstan
ces of this, case, to confirm title In the
defendant to an entire tract of land
worth at least ten thousand ollars,
when both the grantor and grantee at
the time of the executloh of the deed
Intended that it should convey one-half
only.
"Again the method pursued by the
defendant In obtaining these deeds does
not appeal to my sense of Justice and
right. First we find him taking a deed
from a' minor for property worth many
thousand dollars for a paltry consider
ation of one hundred dollars. Then as
soon ns the minor arrives at legal ma
jority the defendant nlres two lawyers
and the three of them set after the
young man with the purpose of Induc
ing him to execute a confirmatory deed
conveying his inheritance to the de
fendant. The defendant knew that the
young man was without business train
, n. ni,,.m nH th.it h pnnl.l
,h tm,vtlMn . hn
offer of a large sum of money for his
Inheritance whether It was a fair con
sideration for It or not. Still It seems
not to have 6ccurred to the defendant
to suggest to Thomas .Metcalf .that he
consult independent advice or some
disinterested friend before closing the
deal. Nor did these conditions seem to
deter the defendant even from, ."driving
-a hard bargain'" for the one-half Inter
est which the grantor was then under
stood to own'. Such a transaction has
few of the elements of a "deal at arm's
length" and ought not to be so classed.
I am convinced that the ends of
Justice would be subserved by granting
alllrmatlve relief against this most In
equitable transaction, at least, to the
extent of affirming the decree rendered
by the Circuit Judge."
DEDE DOW GETS
AFTER WALKER
DENIES LATTER'-S STATEMENT
"THAT MALOLO IS SLOW CRAFT
AGAINST WALKER'S DESIGNS.
H. M. Dow, Jr., Is after ' Yachtsman
Walker's scalp. Young Dow who U
rated by the way as an able seaman. Is
a proficient yachtsman and he think
that he," can disprove certain of Walk
er's statements. Walker stated that
the sloop Malolo wh:ch had been de
signed toy Mr. LaJIln, one of. the leading
yachtsmen of Yokohama, .was one of
the 'slowest craft In Hawaiian waters.
Young Dow wants to demonstrate that
this rating of the Malolo Is Incorrect.
In fact Dow sailed the craft In the
third-class yacht races recently and
.
won the event
Ho Is now ready to
show to Walker that the Malolo Is not
so slow after all.
Young Dow Is ready to race against
any of the third or fourth class boats
that Walker has designed, barring the
Defiance. Should there be any differ
ence In the s'lze of the boats that would
give the Malolo any time allowance,
Dow will Insist on receiving It, but ho
Is ready to put the question of Walk
er's superiority over the Yokohama
man to a practical test.
BIG LUAU AT HANA.
The Home Rulers of Hana Invited the
Qounity officers-elect lof Maul ito a
grand luau at Hana last Friday. Only
six of the twelve officers were able to
by present. T,he luau was the biggest
ever held In 'Hana. The whole country
of East Maul turned out It Is said
that there were fully five hundred peo
ple present Following the luau there
was "dancing ton 'the wharf while the
visitors waited for the steamer
OFFICERS ELECTED.
Pacific Lodge No. 822 A. F. & A. M.
elected officers last nlnht as follows:
It; W. M., John Kidwell, Senior Wnrd
en, Charles R. Frnzler, Junior Warden,
Charles F. Murray; Trensurer W. O.
Atwater, Secretary E. P. Chapln;
Chaplain, J. A. Lyle; Senior Deacon
T. II. Petrle; Junior Deacon, R. H. P.
Llshman; Inner Guard It. W. Shingle:
f-'enlor Steward. E. Peters: Junior
Steward, J. J. reiser; Tyler, J. S. Mc
Candless. THE GAELIC LIBEL.
United States Judge Dole this morn
ing rendered a decision sustaining ex
ceptions to tho libel ot the steamship
Gaelic, by two Chinese who clnlm dain
ntrps for having been placed In tho
Asiatic steerage after they had paid
European steerage fare. The llbellants
are given until December 19 to amond
their libel.
THE LAND
COURT
GOVERNOR CARTER SUGGESTS TO TREASURER KEBOI
KAI THAT THE LAND COURT IS SPENDING MONEY
WITHOUT DOING BUSINESS AND OFFERS A GOOD
PLACE FOR RETRENCHMENT THAT IS NECESSARY.
The lack of business In the Torrens
Land Court may result In Its being t,us-
, , . , , . ., ,, ...
pended or at least In Its losing a part
of Its employes. Objection has been
made to the maintenance of t'ie court
out of public funds when there Is noth
ing for It to do, and Governbr Carter
has called the attention of Treasurer
Kepolkal to the matter, In a letter1 call
ing Attention to the fact that the land
court Is spending a good deal of money
and Is not doing any work.
The land court was established by
the last Legislature, but does not seem
to have met with much public endorse
ment. Only one case has been brought
before the court, being a petition for a
title from Mrs. Ida, B. Castle. It has
not yet reached the stvge of a decision.
The governor s letter to the Treasurer
calls attention to the fact that the court
A CELEBRATED
REV. DR. SHIRLEY BAKER DEAD.
A GREAT FIGURE IN SOUTH SEA
EVANGELIZATION.
The Samoanlsche Zeltun" announces
the death at Llfuka Haapal, Friendly
group, November 10, 1003 of 'the Rev. I
Dr. Shirley Waldemar Baker, probably
the oldest We?leyan Missionary In that
group. He has been the most promi
nent missionary figure In Tonga, In
lluentlal, not only 1n religious matters
but In the politics of Tonga, where he
at one time was practically the ruler
of the little Island Kingdom.
iThe Rev. Shirley Baker. L. L. D., M.
D., D. D., was the son of the Rev. Ed
ward Baker, a Church of England MJn. J
later, and was born In London, on '
February 14th, 1836 He came out to
Victoria to his omcle. Theophelus Par
ker, who was Crown Protector He held
an appointment In the Educational De
partment as teacher which he 'U?ft to
enter the Wesleyan Gliurtoh, as ihe
wished to fulfill his mcithcr's dying
wish for hint to become a .mlsKlcnnry to
the heathen. 'He was ordained Wesleyan
'minister on July 13, I860, by John Egg
leston. President of the Conference,
and others, and he landed In Tonga on
August 14, 1860, with 'his young wife,
who died December 1, 1897 He leaves
six daughters and 'three sons to mourn
1 1 their loss.
II He died on November 16, 1903, after
being 111 only three days. The Cause
Of his death was heart failure.
WELL KNOWN ACTORS.
Mr. and Mrs. Fred Hallen Who are
aboard the Sierra, are will known
theatrical people. He was the Hallen
of Hallen and Hart so well known and
successful for years. Shewas-Mollie
Fuller almost as well known as her
husband. Thev have been very suc
cessful In Australia. ' They took so
with the Australian public that they
remained three months steadily In Syd
ney and three months in Melbourne,
something which Is very -unusual. They
are going to meet engagements In San
Francisco.
A STORY IN FIGURES.
The following figures are taken from
one of the certificates of the Phoenix
Savings Building and Loan Associa
tion.
MISSIONARY
Total Cancellation
Paymints. ' " Value.
t SO S $ 55
160 130
240 215
320 305
400 400
Year.
First .
Secoiid
Third .
Fourth
Fifth .
San Francisco Examiner
The following figtires are taken from
the Seml-Annual Statement of the Pio
neer Building and 'Loan Association:
Total Cancellation
Payments. -Value.
J SO $ 82 80
160 172 73
24n 263 Si
320 374 66
" 400' ' 489 93.
Year.
First . .
Second, .
xnira .
Fourth
Fifth . .
THE OLD RELIABLE
Absolutely; Pur
THERE IS NO SUBSTITUTE
Pirn
mm0
PC
has spent $3000 since July and has tak-
en In only about $30 In fees, while the
Judge nnd other salaried employes of
the CQUrt hav. onJy flone a f(ju. hour3.
WOrk In the six months. It was sug-
gested that the Treasurer, in whose
department the court Is, consider any
possible way of reducing expenses.
All of the expenses of the court nre
provided for by statute. There are?
salarlesfor the Judge, registrar, steno
grapher! assistant registrar and clerk.
The law Is being examined with a view
to finding out whether nny of them can
be dispensed with until such time as
there Is work for them to do.
The law as passed makes It necessary.
It Is said, that the Judge continue In
office. It provides for the opening ot
the court and declares that It "shall"
be open throughout the year, except ore
Sundays nnd legal holidays.
GETTING Tl
CHRISTMAS JAGS
HAWAII RESIDENTS ARE EVI
DENTLY LAYING IN EXTRA.
LARGE STOCK OF LIQUOR. ' 1
Evidently the residents of the 'bis
Island are going to have a delightful
time during the holidays. If the extra.
large shipments of liquid refreshments
to that Island are any Indication, there
will be a hot old time over the big Isl
and during the holidays. The fire in.
the volcano may have died out last
week but the preparations seem to
warrant the suspicion that there, wlIL
be plenlty of fire water flowing on the
lower sloies of the mountains.
The Japanese, natives and whites
alike will do the celebrating. While
there Is
lots of stuff going to the east
ern part of Hawaii, the 'largest ship
ments are to the Kona and Kau parts
of the Island. The Kona district wilt
consume' a large- part of' the" material,
as a continuous luau Js being prepared.
for next week bv.4he .residents of that
district. Kau. 'Will also do- Its share
toward enjoying life. There have been
plenty of shipments of sake for the
Japanese population 'to enjoy their
holiday.
KOREA SETS
A
ARRIVED AT HONG KONG YES-.
TERDAY
OF HER
THREE DAYS AHEAD
SCHEDULE TIME.
The S. S. Korea has -evidently set a.
new mnrk for the run from San Fran
cisco to Hong Kong. ' The Marine Ex
change today received cable advices ot
the arrival 'of the Korea at Hone Kong;
yesterday, three days ahead ot her
schedule time
Not satisfied with getting the record
between Sa-n Francisco and Honolulu
nnd Yokohama and San Francisco,
Captain Seabury has evidently gone
after the long record and sent his ves
sel at a much faster clip than usual.
She was due In Hong Kong December
17 but she trot there December 14. This'
"makes tho fastest trip ever mado from
San Francisco or Honolulu to Hone
Kong, so far as local records can show.
Christmas
Slippers
We are prepared for tho Holidays "
with a specially selected stock for gen
tlemen. '
There Is nothing else a man will ap
preciate like the comfort of a pair, of
slippers. , ,
Handsome variety In MONKEY,
LIZARD, SEAL nnd ELKS SKINS.
CALF, VICI KID. RUSSET und
CHROME LEATHERS.
Prices from $1,50 up wc:
V.
m GO LTD
1051 Forr fctroLt
Murders 7
iR
HEW
RECORD