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THI3 HAWAIIAN STAR, MONDAY, JANUARY 10, 1910.
-WALL, NICHOLS, CO.,
Fort and Merchant
By Having it Cleaned and Oiled on
Time May Save You Money and Worry.
J. A. R. VIEIRA & CO,
113j Hotel Street
ALEXANDER X BALDWIN LTD
OFFICERS and DIRECTORS. '
H. P. BALDWIN President
J. B. CASTLE 1st Vice-President
W. M. Alexander... 2nd Vlct-Fresldent
J, P. Cooke.... Ird Vice-Pros, & Mgr.
J. Watnrhouae .Treasurer
B. E. Pazton iBecretary
W. 0. Smith...... Director
'J. R. Gait Director
W. R. Caatle o-,... .Director
Hawaiian Commercial ft Bugar Gobi
Haiku Sugar Company. (
Pala Plantation. . 3
Maul Agricultural Company.
Hawaiian Sugar Company.
Kahuku Plantation Company.
Kahulul Railroad Company.
Haleakala Ranch Company.
Honolua Ranch. -
! HIE CO.
For Good .
Young jjBuilding, - Honolulu
CONTRACTOR ft; BUILDER
Estimates given on all kinds 0!
636 South Hotel St. between Punch
bowl & AlapaL
Bridge and Beach Stoves for Coal or
quick Meal Blue Flame Oil Stoves
Perfection Oil Stoves.
Giant Burner Gmsollns Stoves.
EMMELUTH & CO., LTD.
Phone 211. No. 145 King St
No. 19 Cor. of Smith and Hotel Bts.
Finest Quality and Every Variety.
Large Stock Now on Hand.
83 N. King St. Phone 640.
EUREKA PERFECTION ROOF PAINT
The Best Roof Paint for use
In Hawaii. Postal to P. O. Box
93 brings booklet.
THEO. H. DAVIES & CO. Agta:
163 King Street, opp. Young Building.
Good, new bicycle, $25; second hand,
any kind, cheap. Tricycles for sale.
Motorcycles repaired and re-tlred.
1 IF Vrtll lllinn ta imirn-rinr
ir iuu man iij Auvnniiac
ANYWHUIU3 AT ANYT1MU X
Call on or Writs X
S 3 C. PAKE'S ADYERTISIHG AGEHCIlI
$ ia4 Sansome Street
L6AN FRANCISCO, CALIF.
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THE QUEEN'S COMPLAINT
Following Is the bill of complaint
just filed in Washington u behalf nt
To tho Honorabl etho Court of Claims:
Comes now Lllluokalanl, a citizen of
the United States of America, and .com
plaining of tho United States of Ame
rica in a claim In respect of which she
would bo entitled to redress against
tho United States In a court of equity
if tho United States were suable, al
leges and shows as follows.
1. That heretofore, to ' wit, in tho
years 1S4S, Kamehameha III, King of
tho Kingdom of Hawaii, bolng owner
and lord paramount of all tho lands
In said Kingdom of Hawaii, did sur
render and forever make over unto
the chiefs and people the greater part
of his royal domain, reserving certain
lands to himself as his own private
property, which act was legalized by
an act duly passed by tho Houso of
Nobles and Representatives bf -tho
Hawaiian Islands in legislative coun
cil assembled entitled "An Act relating
to tho lands of His Majesty the King
and of tho Government," a copy of
which act is hereto attached, marked
"Exhibit A" and made a part hereof.
2. That the lands by said act re
served to be private lands of His Ma
jesty Kameameha III were thereafter
known as Crown Lands, and thereafter
descended to His Majesty Kameha
meha IV and His Majesty Kameha
meha V, successors In sovereignty of
said Kamehameha III, excepting only
such lands as were from time to time
alienated by said Kamehameha III and
3. That thereafter, to wit, In the
year 1865, an act was duly passed by
the King and tho legislative assem
bly of the Hawaiian Islands In tho le
gislature of the Kingdom assembled
entitled "An Act to relieve the royal
domain; from encumbrances and to
render the same Inalienable," a copy
of which act is hereunto attached,
marked "Exhibit B" and made a part
4. That under and by virtue of said
last mentioned act said Crown Lands
were rendered inalienable and all the
rents, profits and emoluments derived
from the said lands after deducting
the necessary and proper expenses of
managing the same, were declared to
be for the use and benefit of the reign
5. That thereafter, to wit, In the
year 1SG6, the bonds mentioned In
said "An Act to relieve the royal do
main' .from encumbrances and to ren
der the same Inalienable" were as
sumed by the government of the king
dom of Hawaii and the Crown Lands
relieved of further charge concernng
the same, all of which more fully ap
pears by a resolution of the legislative
assembly approved July 6, 1866, a copy
of which Is hereto attached marked
"Exhibit C" and made part hereof.
6. That thereafter, to wit, in the
year 1882, one Claus Spreckels, hav
ing acquired a claim on said Crown
iLands by the purchase of the Interest,
of any, of Ruth Keellkolani, one of
the heirs at law of Kamehamea V,
said claim was compromised by the
conveyance to Claus Spreckels of the
Ahupuaa.of Walluku In the Island of
Maul, and the conveyance by Claus
Spreckels to tho Commissioners ol
Crown Lands of all the right, title and
Interest of him the said Claus Spreck
els In and to the residue of the Crown
Lands, which compromise was made
in accordance with and by authority
of an act entitled "An act to authorize
tho Commissioners of Crown Lands to
convey certain portloos of such lands
to Claus Spreckels In satisfaction of
all claims he may havo on said lands"
a copy of which act Is hereto attached,
marked '"Exhibit D," and made a part
7. That thereafter, to wit, In. the
yjear 189,0 certain unassigned lands
were duly declared to he a part of tho
Crown Lands by an act entitled "An
Act to Declare Certain Lands to bo
part of the Crown Lands and Royal
Domain," as more .fully appears by said
act, a copy of which Is hereto at
tatched, marked "Exhibit E" and made
a part hereof.
8. That on tho 20th of January 1891
your petitioner, under and by virtue
of tho constitution and laws of tho
Kingdom of Hawaii became Queen of
tho Kingdom of Hawaii succeeding her
brother, the late King Kalakaua, and
thereupon under and by virtue of the
constitution and laws of said Kingdom
of Hawaii becamo vested with a life
interest in and to all tho rents, profits
and emoluments derived from said
Crown Lands after deducting tho ne
cessary and proper expenses of manag
ing tho same.
9. There thereafter, to wit, on tho
17th day of January 1S93 your peti
tioner was deposed by a revolutionary
government and on said 17th day of
January 1893 yielded her authority to
said Provisional Government undor
tho following protest duly signed and
transmitted to said Provisional Gov
ernment, to wit:
"I, LllluokalanJ, by tho grace of God
and under tho constitution of the Ha
waiian Kingdom, Queen, do hereby
protest against any and all acts done
against myself and tho constitutional
government of the Hawaiian Kingdom
by certain persons claiming to have
established a provisional government
of and for this Kingdom.
That I yielded to tho superior force
of tho United States of America, whoso
minister plenipotentiary hla excellency
John L. Stevens, has caused United
States troops to bo landed at Honolulu
and declared that he would support tho
Now, to avoid any collision of arm
ed forces and perhaps tho loss of life.
I do, under this protest and impelled
by said force, yield my authority until
such time as the Government of tho
United States shall, upon tho' facts
being presented to.lt, undo the action
of, its representative anI relnsta;te
me and the authority which I claim as
the constitutional sovereign of tho Ha
10. That thereafter, to wit, on July
4th A .D. 1891 said Provisional Gov
ernment was succeeded by a govern
ment known as the Republic of Ha
waii, the constitution of which gov
ernment provided among other things
"That portion of the public domain
heretofore known as Crown Land Is
hereby declared to have been hereto
fore, and now to be, the property of
the Hawaiian Goveriment, and to ho
now free and clear from any trust of
or concerning the same, and from all
claim of any nature whatsoever, up
on the rents, Issues and profits there
of. It shall be subject to alienation
and other uses as mty be provided by
law. All valid leases thereof how in
existence are hereby confirmed."
11. There thereafter, to wit, In the
year 1897 the said Republic of Hawaii
signified its consent In the manner pro
vided by its constitution to cede to
the United States of America all Us
rights of sovereignty, and also to cede
and transfer to tile United States the
absolute fee and owsj'arshlp of all
public, government or Crown Land
and other property which cession was
accepted by a joint resolution of tho
Congress of the United States entitled:
"Joint Resolution to provide for an
nexing the Hawaiian Islands to the
12. That thereafter, to wit, on Au
gust 12, 1898, the transfer of sove
reignty and the cession of all public
lands Including said Crown Lands took
place .and the legal title to said Crown
Lands thereupon became and Is now
vested in the United States of Ameri
ca. 13. That thereafter, to wit, in tho
year 1900 an act entitled "An Act to
provide a government for te Territory
of Hawaii" was duly enacted by the
Senate and Houso of Representatives
of the United States of America in
Congress assembled said act contain
ing the following provisions, to wit:
"Section 99. That tho portion or
the public domain heretofore known
as Crown Land is hereby declared to
have been, on the twelfth day of Au
gust, eighteen hundred and ninety
eight, and prior thereto, the property
of the Hawaiian Government, and to
bo free and clear from any trust of or
concerning the same and from all claim
of any nature whatsoever, upon tho
rents, issues, and profits thereof. It
shall be subject to alienation and
other uses as may bo provided by law."
14. That no other or further steps
than above set forth having been
taken to divest your petitioner of her
equitable life Interest in tho rents,
picfits and emoluments of said Crown
Ldnds,. and yfour qetltiioner alleges
in thi3 connection that said Section
99 of tho Act of April 30, 1900, In so
far as It purports to extinguish or
deny her claim to such equitable life
Interest Is taking of property without
due process of law, contrary to 5th
Amendment of the Constitution of tho
United States, and Is unconstitutional
15. That the United States of Ame
rica becamo seized of the legal title
to said Crown Lands with full notice
of the rights of your petitioner there
in. 16. That the United States of Ame
rica, having become so seized of tho
legal' title to said Crown Lands, where
of your petitioner has a vested equit
able life Interest, holds tho same as
Trustee for your petitioner to tho ex
tent of her Interest therein, and ought
In equity and good conscience to ac
count to your petitioner for, and to
pay to her, all tho rents, profits and
emoluments derived from said Crown
Lands after deducting tho necessary
and proper expenses of managing tho
same, for and during tho term of her
natural life. ' '.
17. That portions of said Crown
Lands havo been reserved by the
United States of America for use as
military and naval stations, that oth
er pcrtlons havo been proclaimed for
est reset ves, that other portions have
been alienated and sold, and that the
remaining portions aro In tho posses
sion, use and contrbl of tho govern
ment of tho Territory of Hawaii, un
der and bjl virtue of tho provisions
of Section 91 of tho said Act of April
30, 1900, being "An Act to provide a
Government for the Territory of Ha
waii." 18. That petitioner claims of tho
United States of America the sum of
Four Hundred and Fifty Thousand dol
lars (1450,000. 00( -as and for the net
rents, profits and emoluments derived
from said Crown Lands during tho six
years next preceding tho filing of this
petition, after deducting tho necessary
and proper expenses of managing tho
19. That your petitioner Is solo
owner and the only person Interested
in this. claim, that no assignments or
transfer of said claim or of any part
thereof or Interest therein has been
made; that said claim has not been
presented to Congress or any Depart
ment, except that bills for the relief
of your petitioner have been Introduced
In Congress from time to time and re
ferred to committees, but no report
of any committee either favorable or
ad vet so has ever been made and no
action taken on such bills by either
Hones of Congress, that claimant is
justly entitled to the amount herein
claimed from the United States, after
allowing all just credits and set-offs;
that the claimant has at all tlme3 since
becoming a citizen of tho United States
borne true allegiance to the Govern
ment of the United States and has not
in any way voluntarily aided, abetted
or given encouragement to rebellion
against tho said governmet, and that
she believes the facts as stated In this
petition to be true.
Wherefore your petitioner prays:
First: That tho United States or
America be rummoned to appear and
answer thin complaint and be bound
by the proceedings herein.
Second: That the United States
be decreed to be a Trustee of the
Crown Lands hereinbefore specified for
the use and benefit of your petitioner
so far as her equitable life Interest In
said Crown Lands Is concerned.
Third. That tho United States bo
ihief Of Agriculture
or The Philippines
Dr. G.D. Nesom, Director of the
Bureau of Agriculture, Manila, visit'
ed the Capitol on Saturday In com
pany with Dr. Norgaard, tho Terri
torial veterinarian. Ho has been in
these Islands since December 27.
when ho arrived from San Francisco,
being on a tour around tho world,
chiefly for the purpose of Investigat
ing the sugar industries of different
countries. Dr. Nesom will leave on
the steamer Korea on Thursday nexi
for Japan, China, and Manila.
In conversation with a Star re
porter, Dr. Nesom said the sugar In
dustry In the Philippines was In a
backward stato. There Is not a flrst
class mill In tho group, and no cen
trifugal sugar la produced nothing
but mat sugar and muscovados. The
land is there and suitable for sugai
raising, but the Industry Is not b
Ing pushed in any marked degree.
That tho situation will not always
be stagnant Is ovldcncil by Dr. N"1
som's present tour, which is Incl-
! dental to a vacatloo of eight months-
after a service of nearly six years.
Ho wont out in 1904.
Whllo Dr. Nesom would not dis
cuss Philippine politics, as lioing for-
j elgn to his position, he said that rhe
Island were acvelopng lowiy. In
their administration they were living
up to tho McKinley policy. He spoke
very highly of Governor-General
decreed to pay to your petitioner said
sum of Four Hundred and Fifty Thou
sand Dollars (?450,000.00), or In the
alternative that the United States bo
decreed to account to your petitioner
for the rents, profits and emoluments
.derived from said Crown Lands after
deducting the necessary and proper
expenses of managing the same, for
the period of six years next preceding
tho date of filing this petition.
Fourth: For costs and for such oth
er, further and general relief as to the
court seems meet.
Kinney, Baliou, Prosser & Anderson,
attorneys for petitioner.
GOOD TASTE AND JUDGMENT
are more essential to having a beautifully appointed table,
than large expenditure. u
Let us show you unusual patterns in
. Community Silver
It has a distinct richness of appearance and charm of
design which rival sterling.
It's more than triple plate it costs hut 'a trifle more
than ordinary plated ware it lasts a life time.
W. W. Dimond & Co., Ltd.
S3-S7 Kmg Street.
Forbes, who Is woll-llked In. Manila.
Forbes Is a mixer. Himself an ath
lete, no patronizes all sorts df out
door sports, opening ball seasons, ctl.,
and his automobiles contribute much
to the life and vim of tho capital.
Govrenor-General Forbes Imported
five Arabian horses for tho uso of his
friends addicted to polo.
Dr. Nesom has tho Bureau of Agri
culture organized In all tho various
divisions animal, Industry, plant In
dustry, -publications, etc. A periodi
cal devoted to tho agricultural Inter
ests Is regularly Issued. Dr. Nesom
has the oversight of eight experi
ment stations In various branches. In
tho animal Industry division ho has
no less than fcjrty-thrcel veterinar
ians under him. Tho money disburs
ed under his direction amounts to a
million pesos, or about $500,0000 a
Beginning a 730 this evening tho
band will present the following num
bers at Emma square:
March Tho Fairest of the Fair.Sausa
Overture! Paragraph Three ..Suppo
Intermezzo Kisses Hubbell
Selection The Martyrs Danizettl
Vocal Hawaiian Songs, ar. by Berger
Selection Newly Weds Bratton
Waltz Belle Ami. . Welsler
March Powhatan's Daughter Sousa
The Star Spangled Banner.
ALMEIDA In Honolulu, January 9,
1910, to tho wife of M. Almeida, Jr.,
GO ENJOl YOURSELF.
You maY travel, attend church, or
places of amusement, without fear'ot
headache, dizziness, sick-stomach,
nervousness or other distressing
symptoms If you will tako one or
two of Dr. Miles' Anti-Pain Pills.
They never fall to remove every dis
agreeable symptom, duo to nervous
ness or excitement.
25 doses, 25 cents. Never sold in
Fine Job Printing, Star Office. K