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"1 11 .. . - f. s 1 Telephone 365 Star Business Office SECOND EDITION -a VOL. XVII. SIXTEEN PAGES. HONOLULU, HAWAII, SATURDAY, NOVEMBER 20, 1909- SIXTEEN PAGES. No. 5502 TANDA OIL CONDEMNED i ATCUERIEY HAD Nil AND FAI R HEARING V -DECISION 0.F SUPREME COURT MEANS HE IS BY RIGHT IN THE ''" f V INSANE ASYLUM AND MUST THERE REMAIN UNTIL HE IS FOUND TO HAVE BECOME SANE HIS UNCALLED WITNESSES WERE IMMATERIAL PLENTY OP ARGUMENT. Dr. John Atcherley, for -whose re lease from the asylum for tho insane, as tt paranoeac declared dangerous to bo at large, his accomplished and persistent wife hals devotedly endeav. red to secure an order 01 court, through all tho possible various means known to law, must still abide in tho house reserved for thoso whoso minds are afflicted and for thoso subject to delusions', at least until such time as ho is declared sane. Such is tho burden of a decision rendered by tho Territorial Supremo Court this morning, Justico Perry writing tho opinion. Tho decision is on appeal from circuit order dissolving writ of cer tiorari which" had been Issued to tho insanity commissioners commanding a certified copy of tho proceedings heforo such commissioners to the end that tho validity of such proceedings might bo ascertained. Tho Supreme Court recites tho facts of the district court finding Dr. Atcherley insane, unsafe to be allow ed at large and the judgment of the insanity commissioners. The opinion, goes on to say that questions decided in certain previous cases in re Atcherley will not bo re examined at this time, tho acts un der which Atcherley's examination nnd commitment we're had having been held to bo constitutional. All requirements wero duly com plied with at tho trial of tho doctor. Atcherley cannot complain, says tho opinion, that more timo was not allowed him .for argument; he argued for two and a half hours; also wit nesses which ho claims ho was un able to get ,tho commissioners to pro duce were admitted to bo ready to testify to tho effect claimed by the petitioner. Also tho admitted testimony was immaterial. The refusal of the com missioners to produce an alleged real paranoeac from the asylum and an lnmato of tho leper receiving station, was not even erroneous. It is shown that the defendant had a full and fair trial and tho order appealed from is affirmed. tYMAN'l ASSAULT ON EDITOR KINNEY This weok's HHo Tribune contains tho following account of tho assault upon its editor by Supervisor Lyman which was briefly reported to The Star by wireless the day' It happened: "Supervisor Norman K. Lyman last week started a police court record for himself, bolng booked on tho police court blotter on a charge of assault and battery on Editor Kinney of the Tri bune. Lyman foreflted his ball. "Tho assault took place at iioon last Wednesday on tho voranda of tho post ofllce. where Kinney was awaiting tno distribution of tho JIauna Kea mail. Lyman stepped up to Kinney and ask ed him to stop aside as ho wished to talk with him privately. This Kinney did, and Lyman began a long tirade of objections to the editorial, contained in the issue of the Trbune of tho pre vious day, asking the Supervisors to strive' for harmony. ' These objections, wero couched In tho language of tho toughest parts of the tenderloin. " 'It is none of your d business, anyhow,' Lyman concluded, referring to the doings of the Botrd of Super visors. "Kinney answered that the actions of tho Board were his business as well as that of the entire community, and requested Lyman to conduct himself more quietly, as his conduct was he DEPUTY ARL UOICIALLY RECOGNIZE t ourtgo Matthewman, at the present Third Circuit Court term at Kailua, brushed aside a technical objection to the appearanco of Carl S. Smith as deputy county attorney. He sustained the objection to Attorney C.'W. Ash ford's motion to disclose authority. This was made in tho "defense of Chong Sing, charged with burglary in tho second degree. The trial went on, but; resulted in disagreement of tho jury reported as ton for conviction and two contrary. As the ruling of the court is impor tant, tho following extracts from it are given: . "There is a presumption of law that a person who is in undisturbed posses sion of an office, and is exercising its functions land performing its .duties, has come into office lawfully, and has a right to continue' therein. Except In a proceeding of quo warranto brought fcy an officer de jure, this presumption is conclusive. It attaches to a person who may have been illegally appointed ' to an office, if ho is a d6 facto officer, and, likewise, it attaches to a deputy who continues to act as such without - reappointment, after his principal has gone out of office or entered on a sec ond term. "While there is no evidence before tho court to show whether, or not Carl S. Smith was acting as deputy, county attorney in the short interim between the death of Charles Williams and the appointment of W. H. Beers, it has been made sufficiently evident that Carl S. Smith has been acting at this term of court as deputy county attor ney, that Is, deputy of W. H. Beers, county attorney. "It should suffice now to state that, at this stago of the proceedings, the court knows, both from tho admission of the defendant and from public mat ters Judicially noted, that tho Carl S. Smith who appeared before tho grand jury and Is now on tho witness stand, has been a do facto officer of a do jure office. Laws of 1905, Act 30, Sec. 90. Hind et al. vs. Wilder's Steamship Co., 14 Hawaii, 215, at 222. "It is unnecessary to pass on tho evidence tending to show that Carl S. Smith Is also tho do Jure county at torney. "In this " collateral, proceeding, no further attack should be made on his status and no further inquiry along these lines is desirable. Tho objec tion is sustained." ginning to attract tho attention of oth ers who were waiting for their mail. "For answer Lyman, without the slightest provocation or warning struck Kinney on the jaw, without even giv ing him a chance to remove his glass es. "Lyman was Immediately seized by Captain of Police SUva, who was stand ing close. The supervisor still added an abusive epithet, the worst known In the English language, but this was, however, quite In lino, with tho rest of the vocabulary which ho had been em ploying. Ho then tried to overawo tho officer into sparing him from being conducted to the police staton, hut iSlva was firm, and the Supervisor had to follow him." Commenting editorially on tho epi sode the Tribuno says: "Supervisor Norman Lyman is an anachronism. Tho day for hoodlum politics ,ln Hawaii was ended ' when Blrbo and his disreputable crew were driven out. Lyman's talent might be appreciated South of Market in San Francisco, in tho tenderloin of New York or by Bathhouse John or Hlnkl dlnk of Chicago, but if he In his infan tile alleged mind believes for an in stant that such methods will protect him from deserved criticism of his of ficial actions, he is sadly and badly mistaken." DECLARED TO BE TRADE RESTRAIN T AND MIST GO (Associated Press Cable to The Star.) ST. PAUL, Novombor 20. Tho Minnesota Federal Circuit Court In a decision rendered today declares unanimously that tho Standard Oil Company is an illegal combination and a monopoly whoso operations are in restraint of trade, and has ordered tho dissolution of tho company. Tho Standard Oil Company has noted an appeal to tho United States Supremo Court. YALE HARVARD 80 (Associated Press Cable to The Star. CAMBRIDGE, Mass.. November 20 Scores in tho football gamo hero today were. Yale, 8; Harvard, 0, TURNIN G TO HOMES HaveYouValuables? Thon you need a Safe Deposit Box Tho cost is very small Hawaiian Trust Co., Ltd. 923 Fort Street PARK THEATER Don't miss this excellent show, Mel uotte sisters singing Sonny Cunha's lat est hit "My Honolulu Hula Girl," Vier- ra's orchestra and tho following new films: Lonely Villa, Making Diamonds, Curing a Jealous husband, For His Daughter's Sake. BUY HOLIDAY GOODS NOW. Holiday goods of every description are pouring in at Sachs Dry Goods Company; People are learning more and more each year tho wisdom of making holiday purchases .early and you should loso no time In seeing tho Sachs display. Havo your typewriter, cash regis ters and adding machines repaired by tho Office Supply Co. They have a completo repair department for thla work. SAVE THE DOCTOR'S PEE. If you are a man of moderate means and cannot afford to employ a physi cian when you have an attack of diar rhoea you will bo pleased to know that one or two doses of Chamberlain's Colic, Cholera nnd Diarrhoea Remedy will euro It. For sale by all dealers, Benson, Smith & Co, agents for Ha waii. Twenty-six former denizens of tho Molokai leper settlement, men and women, this morning presented them selves at the offices of the Board of Health. President of tho Board Mott-Smith, who is also Acting-Governor in the absence of Governor Frear, was there to meet them and to seo that their immedlato want's were properly attended to. They represent a portion of the fifty-six recently found not to bo lep ers and consequently discharged from the settlement to go to their homes or where they will. Some have been in tho settlement for years. All were decked with wreaths of CROWD flowers, lels covering their hats and shoulders. Othors of those released haVe not yet left tho settlement, or have not yet called at the Board of Health offlces.or havo gono directly homo. Those who came In today from Mo lokai arrived in tho S- S. Mikahala. Those who visited tho Board of Health building wero in need of tem porary assistance, and two dollars each wero handed out to them to provide for their meals and lodgings until Monday, when whatever Is nec essary to be done for their further relief will bo done. Some aro to re- jt-' O'alni whllp ntllPrn CO to homes on other lslonds. AVED FROM FIRE PERHAPS TO DIE (Associated Press Cable to The Star.) CHERRY, 111., November 20. Seventy-one coal miners havo been rescued alive from tho mines In which flro broko out last Saturday, and this after the-shafts had been sealed for the purpose of choking tho fire, after vain attempts to reach the Imprisoned men. Sixty-seven of those taken out aro in a critical condition- and it-is not known if they will sur vive the terrible ordeal through which they have gono. WASHINGTON, D. C, November 20. The execution by order of Presi dent Zelaya of Nicaragua of the two Americans, Grace and Cannon, as being suspected of joining with the revolutionists, has been officially con firmed. Tho NIcaraguan Government now puts forward tho claim that these Americans, during court martial, confessed to placing dynamite mines in a position to destroy tho army transports of tho Nicaraguan forces. SAN FRANCISCO, November 20. Hie auditorium of the great Coli seum, In this city, was today destroyed by fire. Tho loss is estimated at $100,000. TORONTO, Canada, November 20. Tho International Federation of Labor has re-elected Samuel Gompers as president. the highest bidder, their offer being $17,800, at which the property was knocked down. Tho sales in all cases wero cash, subject to the approval of tho court. REJOICES OVER (Special Cable to The Star by the United Press). CHERRY, 111., November 20. One hundred and forty-two survivors havo been rescued from the St. Paul mine, In which flro broke out last Saturday. They presented a pathetic spectacle to the thouasnds who crowded around when they wero brought to the surface. For nearly a week they had been practically buried allvo with barely a hopo or rescue. When they appeared there was great rejoicing, the crowd going wild with enthusiasm. Fifty dead bodies havo so far been recovered. F. E. Steero, D. H. Lewis and others., Tho property put up first was (the lot on Bishop street between tho Way block nnd tho Mutual Telephone Co's lot at Bishop and Merchant, containing 0,715 squaro feet. Bidding started at $10,000, from which the figures wero advanced slowly to $22,100 at which tho property was sold to the First National Bank. Tho second sale was of 47S shares of tho capital stock of W. C. Peacock & ComDany. This was offered in a lump and was therefore too big for easy handling by ordinary investors. R. J. Buchly was tho buyer, the selling total being $20,400. Next came tho lot ana warehouse on Queen street opposite tho office of tho Board of Health. This was sold to tho First American Savings & Trust Co., for tho rather low price of $2,500, The last sale was of tho lot and build ings at tho jcorner of Nuuanu and Mer chant streets, tho lot containing 4,- 728 square feot. As boforo tho First American Savings & Trust Co., proved PEACOCK PROFIT! IS SOLD Property belonging to tho estato of tho lato Walter C. Peacock was sold at the front entrance to tho Judiciary building at noon today and brought fairly satisfactory prices. Tho to ntal sum realized from tho salo was $G2,800. Quito a crowd attended tho salo, thoso taking part In tho bid ding bolng. R. J. Buchly, A. W. T. Bottomley, C. II . Olson, W. II. Bab bitt, E. F. Bishop, Cectl Brown, L. T. Peck, hong Quon, C. S. Desky, O. T. Wilder, W. H. Bradley J. L. Flomlng, MM! FALLS GIRL FITS! While tho Shrlner procession was crossing Bishop street along King, about 2:15 this afternoon, a dummy in the figure of a man was precipitated from an upper story of the Young Ho tel, by way of adding to tho Joy of the parade. Gasps of fright mingled with shrieks of delight, but ono young woman, a Portuguese, fainted with terror, believ ing It to be a man who was about to he dashed to death. Her girl friends secured water and sprinkled her face and carried her away to restore her. NEW RICE MILL. The K. Yamamofo Rico Mill is the largest as well ns the finest in tho islands. All tho machinery is of tho very latest pattern. Tho famous Tengu KIce Is cleaned at this mill. With the largo cleaning capacity they are able to handle considerable out side particular work which they guar antee. Km Tins Job Prlntrn. star Omoa. itel POWDER Absolutely Puro Tho only baking powdov matto witla Royal Grapo Cream of Tartar No Alum, No Lime Phosphate Supreme v Comfort ' is obtained in the ELDON vlcl kid Bluchor oxford and style is not sacrificed. It is a shoo vmado to sell for $5.00 and it is sold for $5.00. Every pair uunranteed to give1 satisfactory wear. 1051 Fort Street. Telephone 282. - HI J' .V - .ii I - &'Mtt tiii ni A ilk