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Evening bulletin. (Honolulu [Oahu, Hawaii) 1895-1912, April 01, 1902, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82016413/1902-04-01/ed-1/seq-1/

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iritnxl April 12 ',(
Largest Ntimber of Readers
luti&FtoiV EKIUTOHY 03? HAWAII, TUESDAY. Al'ltlij 1. 1002
OL. X. No. 2110.
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T'nioi: 5 Gkntr.
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en is j
mi nil
s Judge'Humphpeys
i' Rehearing "M
Gopd, Lawyer.
as a Mortgage for $20C0 as
ior to S. G. Allen's for
$4000 Sought to Be
Gcrtr. has Med a holographic
p havo a rehearing of her
lit against J. Alfred Magoon
rsonal capUity and as trustee
. Banning and D. R. Dannlng.
. Buckley and Marin J. Forbes,
mend her bill to revoke fore
f mortgage,
iortgagei In question were
her late husband. Christian
nd herself on December 11,
n real estate and the contents
hoe store. She alleges that on
r 18, 1S95, J. A. Magoon de
.helr,boot and shoe business
lecember 28, following, "gav
e notice of intention to fore
rtgage." She ga on to teli
leged sale of lands and houses
5 to her late husband and her
)ectlvely In Queen street and
ahao and to John Buckley and
ten days a widow Mrs. Oerti
three minor children were
3Ut of their rightful home at
mo by Mrs. Forbes, who de
a two-story stone building on
pises "comprising 4000 local
that were valuable on account
.hfiso.ln the tinder story being
and those In the upper story
a halt feet In length.
Jertz complains that Judge
talned Mr. Magoon's domurrer
It for'revocatlun of foreclosure
tbeT'cofitents of the demurrer
eenlmade kn'r.vn to her. "When
.need from a rear scat In court
the Judge's oral decision, the
dered her to sit down and she
Inder theImpresston that the
would bo given In writing.
Jen His Honor had finished Bhe
m for the decision In , writ
he advised her to look In tin
;rs for It. Her attorney was
om town she believes, as she
t find lilm at the time. She
n she looked .'li the Bulletin
d part of an Insulting article
'.A appeared in the morning's
r, while the Star merely men
it the demurrer was sustained
It giving th'e reason. Having
found, her attorney. It was
advised by him that "there
g to bo amended, as Judge
J. A. Magoon has done all
iht." Her attorney also told
s no use to appeal the case.
Id be thrown out of court.
ling, the complainant says she
oney under great humiliation
ler attorney's fee and (37.50
court and complains that her
was Incompetent She prays
t,e Humphreys will appoint an
( honest attorney to take up
taring of 'her cause, the ex-
I be charged to the Territory,
i not In circumstances to pay
lawyer,' fee and court costs,
ys further for such and other
to the,; honorable court may
i be Just and fair In the preml-
tltlon Is sworn to before J.' A.
n, Cle'r)c 1st Circuit Court, by
tz,executrlx of the estate of
rfr, and bears the postscript,
tlndy send, notice for a hear
eiephne' Whijomeir't- '
11, Ljlcas by hl's guardlao'ad
J. 'Du'nup, has answered the
you should liavo your
ograph taken.
Mn doing so jyou should
ply to a nrst'class photos
er. . A"
Pjjhlle.thcro" may be'oth-
wo will gtyo you an, ar-
c picture, ono- that your
ids will recognize, and bna
i villi not fade, as wq use
the finest platinum paper!
iave every facility for do-
tlio best work. Come and
!e & Perkins,
Sp Block, cor. Hotel and
i Sts. Entrance on Union,
complaint of Samuel 0.alenVngaln
Th6maY4. riifil'6nd other for fufc
closure of 'Wrtgge. Ilo. alleges that
llio $1000 consideration of tlio'nromla
sory noto and mortgage In question
Als the Individual and personal indebt
edness of Thomas K. Lucas, for which
neither the separate estato of his wife
nor that, pf this defendant was liable.
Doth note and mortgage were there
fore Illegal, contrary td public policy
anil void. f
It Is denied that Lydla C. Lucas and
Thomas It. Lucas were owners In fee
simple of the property under the mort
gage on November 29, 1895, as It was
deeded by William It. Castle and wlto
to Lydla C. Lucas on December 31,
1SS7. subject to a life Interest granted
to Thomas R. Lucas. The deed states
"that no portion or interest In said
premises shall be alienated until all
of said surviving heirs of the body of
said Lydla C. Lucas except one shall
have deceased."
' Moreover, this defendant claims that
Thomas It. Lucas owes him J 2000, tor
which the property In question was
mortgaged to him on July 15, 1892, and
never since released.
This defendant submits that the Is
sues are those ot law and not equity
nnd prays the same benefit ot his de
fens eln answer as if upon demurrer,
and in conclusion prays that nc may be
decreed a prior, unsatisfied llenholder
and mortgagee, also that he shall have
such relief as the court may deem
proper and have his reasonable costs
and disbursements In tho suit.
Judge Humphreys today signed a de
cree dismissing tho bill of Ellen Mc-Cutlj-
Hlgglns against Queen's Hospital
Trustees and others, also ordering
plaintiff to pay costs of suit.
John Kldwell vs. Frank Godfrey' Is
remanded to the First Circuit Court
Judge In pursuance of the decision ot
the Supreme Court.
Chris J. Holt has died three accounts.
As temporary administrator of the es
tate of John Uml, deceased, he received
$335.33 and paid $232.76 up till October
29, 1901. As permanent administrator
he received $172.59 and expended $17.30
up till March 31, 1902 As guardian of
two minors ho received $173.25 and
paid $34.50 ,
J. K. Kaehu. guardian of Lul Nae
htielua. minor, expended $15 up to this
date. His receipts were nothing. The
ward owns three pieces of land at Wnl
klkl which bring no Income for her
Annie L. Akol, stepdaughter, and
Akal Akol. son, of the late Akol, pray
that C. Lai Young be appointed admin
istrator of their parent's estate, valued
at $600.
iionoium stock Yards Co. has
in ought suit against Union Hxpress Co
for balance of $6174.46 on account
was ii- up mm
High Sheriff Brown received by tho
Manna Loa this morning a letter from
Sheriff Andrews of Hawaii In which
ore given tho details of tho case of the
mysterious death of a native In Kau,
some of the facts of which ore given
In another column.
The latter states that tho stomach
of the deceased Katmana has been
sent down to Honolulu. Sheriff Brown
states that ho has received the con
tainer and that he has turned the same
over to tho Government chemist.
The letter goes on to say that Dr.
Thompson, the Government physician
at Kau, believes the death ot Kalmann
to be very Busplclous. It states fur
ther that tho deceased had been sick
for a month or so and had been get
ting worse all the while. It Is Buspect
ed that kahuna methods had been
practiced on him.
Kalmana was an opium fiend and
while he was sick and unable to work
was In the habit of having his opium
supplied him by his Chinese friends.
Ah Kl, a storekeeper at Honuapo, and
a friend of Wong Kul, kept sendlnK
tho opium through a native messen
ger, who during the latter part of the
Illness of Kalmana, ifsed tho stuff himself.
Dr. Thompson stated that he consld
cred tho case suspicious because of the
attending circumstances. In the first
place, the man was a witness In the
Wong Kut murder case; In the second
place ho lived in tho house ot the
father-in-law of tho suspected man,
and In the third place he did not show
any symptoms of opium poisoning
Tho poison. If anything, was an as
trlngenr, and Dr. Thompaon uomed
Inclined to the belief that It was taken
from somo native herb known to the
High Sheriff Brown w,lll wait until
the Government chomlst hag made an
examination and given tho result
thereof before he takes any action In
t l,A MBit ,' 1
Chester Doyle and Detective Kaana
will remain over another steamer In
the Kau district to assist the police in
the matter of thq 'murder of Wong
It .. ,
quaiuieu oiers oi tnc district, i can
not find anything in the law, however,
requlrlngmf!' to scrutinize the qualifi
cations of the candidate."
"Your decUlon, then, practically
amounts to leaving it for a contested
election case, should Mr. Drcler re
ceive a majority of votes?"
"Yes; unless In the meantime tho
Republic Committee tnko mandamus
proceedings to compel to omit Mr.
Dreler's namo from the ballot Should,
the courts overrule my decision, of
course the name will be left oft.
"I have already Informed the com
mittees and am awaiting their nn
swers. 1 met Mr. Kennedy of the Re
publican Committee and told him of
my Intention."
Chairman Ge&C of the Fourth DIs
trlct committee of the Republican
party stated that the whole matter of
the action of Acting Governor Cooper
had been handed oer to attorneys T,
McCants Stewart and A. It. M. Robert
son to do what tney deemed best In the
Mr. Stewart was seen and. In reply to
a question, said that he and Mr. Rob
ertson had not decided fully on n
method of procedure In (he premises.
They would confer and decide what to
Secretary Cooner has decided of
himself to place the name ol August
Dreler upon'the ballot for the special
election In the Fourtn" Representative
District. '
Beforo asking him atfbut this mat
ter nit intended, a Bulletin reporter
made his first question relato to the
rumored Intention of Mr. Cooper, now
Acting Governor as well as Secretary
of the Territory, to go to IIIlo by to
day's steamer.
"I cannot go now," was the reply,
"on account of this election business."
Being asked If he had obtained an
opinion from the Attorney General up.
on the question of Mr. Dreltr a eligibil
ity as a candidate, Mr. Cooper said ho
had not but had decided the questiop
for himself.
"Tho Attofney General is not In
town this morning," the Secretary re
marked. "I have decided to place Mr. Drcler's
same upon the ballot," Mr. Cooper pro
ceeded to say.
"This Is upon the ground that I can
not find that my supervisory powers
extend to the candidate. I have super
visory powers over the nomination It
self, to see that those signing It aroi do a little later on.
Asserts that His Formerly Published
Plan Is Being Followed
About the Pauoa
Banker Damon Delighted
With Kona and Its
Mr. Damon Regards the District of.
Kona as Most Favorable for Small
Farmers Coffee Has
Theie have been twitterings ot dis
content among residents of Maktki
over the roadwork In that section.
Tbey complain about tho macadamis
ing of the upper part ot Maklkl streot,
where but few houses uro existing.. be
fore the populous and much more trav
eled and leading into Bcrctania street
has been put In good condition.
James II. Boyd. Superintendent ot
Public Works, was asked how tho mat
ter In question jibed with his plan of
street-making as given In the Bulletin
some tlmo ago. Ills reply was to tho
following effect;
'What do tho people expect? I can-
nnl wrn nhnml ,-llli mw nlan faalft. (linn
,.V b" .. .. i p . v. . . , IJi.lla.ln raitn.l.. w Q M
the means available permit. No; I nm , """ " - "" .. -... u. -not
departing from tho plan outlined Damon beforo the former had tlmn
to you. With tho heavy hauling that even to say good morning to the head
is dune on the upper part ot Maklkl j ot Bishop's bank at his office. Mr. Da
street, which extends to the reservoir mon returned from his Walt to tha
If it Is not macadamized the wheels ot I property of the Kona Sugar Company
vehicles win carry gnuing muu uown Uy the steamer Mauna Loa.
upon the streets already mdc and in -There Is no use In 'your coming to
jure ineir Bunace.
"Tho condition of tho parts
streets complained of has existed all
"Why don't you newspapermen go ta
Kona tor Information?" was plea&untly
. me, he went on to say. "ou news-
- l nnnrp mpn nuirht rnllv In visit Knn.l
over Maklkl for ten or fifteen years,
Now there is a howl because I cannot
remedy everything at once. In former
times there would be $100,0uu for th
streets. Now, I haven't got one hun
dred thousand cents.
and write up the district. Its Industrie
and the fine lot of people 'there. You
would certainly be received with great
hospitality. The coffee alone Is well
worh seeing."
The reporter hinted that be had
T..cre yet remains to be completed scarcely expected thus esrlv to obtain
of my plan for Maklkl but tho lowet Mr Damon's financial conclusions
rL0k'k'"J"lLrn,Hl'";'Pon hi. visit to the plantation. et
streets. When this work can be Hn
Islied the whole section to Pensacola
street will have been permanently Improved.
"mere was a letter in tnc Bulletin
thought It permissible to ask him how
he had enjoyed the trip.
"Very much Indeed." was the reply,
Mr. Damon continuing:
'Judge Cdlngs appointed Mr. Scott
the other day finding fault because the as receiver, so that I have nothing to
I'auoa road was being neglected. Now, ' do with the matter. Yes, Mr. Scott
Tho great event In the history or tho jurisdiction of such, officers as would
Episcopal Church In Hawaii, the for- bo appointed under the American
mal transfer of tho Bishopric of Hono- ChAlrc1; , ... ... , .. .
!..... , , , ,,,,, . ... , ,. On February 24th tho letter from
lulu from Bishop Willis to the Bishop ,he prei!dng 'Bnop ot ,ne 01U1H of
representing the Houso of Bishops ot. .Bishops was rrrelved In which Bishop
tho Protestant Episcopal" Church of Clarke expressed his approval ot the
America, took place this morning at ttct,on tau?n,uy tUe 'W""- ThB rea
in. vi-i, i- o. a-...... r...i. Ignatlon ot Bishop Wl Ills and tho ae
1U:30 o clock In St. Andrews Cathe- CCDtance of tno me from the Arch
irh .,! . .i . bishop of Canterbury had followed.
tM . .?i?B aJ IZtt Z ' A t"o Presiding Bishop of the
S,h.,m i Z lr ?l l , " P P"ot th0 transfer. Bishop Nichols of
T,nl. ,iS ?h,?,ihT.?! ? ! ?n'' California was hero to represent him
ii. V.ri,lh0,ChUw nd.f "L trn .' nt th0 ceremony. Ho thereupon called
ff Af tMtLhUrch, nm. l? CharB ?' upon B'lihc-P Nichols to present his
h! pr'8F V ?atite?W mir "J commission. Bishop Nichols did so
the Protestant Episcopal Church ot nnd tho commlsson' was rcm, to tn9
it i i a a .i i. .i .'congregation by registrar Stiles.
.h "! S. e,l'b d th "UcratlnB ,.'l Bishop Willis thereupon handed to
Ihc nrtlclcs of Incorporation and tho nshop Nichols the papers and docu
amended charter of tho church, finally nmti of tho church ,he ,atter
Sig0t.h.,lLh0AhaM cndere? 'A'8 T"- eelved them making a speech some
Ignatlon to tho Archbishop of Canter- wnnt na follows
bury nnd tho acceptance of the same. I 8i Nichols, was empowered by tho
He then called upon Iloglstror Edmund prC8dnB B8ho, of 'tne rloU8 0,
Stiles to read ho various papers and Bishops of the Protestant Episcopal
deenments relative to these events. Cnnrch of Am,ca ,0 forma',y lro
registrar Stiles thereupon stood up cclvo tho transfer of tho jurisdiction
before tho congregation and read a and property of tho Cmrch r awa
copy of a etter from tho Bishop of Ho- t0 tho ProtC8tant Ep8COpal Church of
nolu hi i written to the Presiding Blsh. Amcrca aB the missionary district ol
op of tho House pf Bishops of tho Prot- Honolulu. He would formally assume
estant Ep scopa Church of America. tho authority as Bishop In charge ot
in this letter Bishop Willis sent the tne ml88on district of Honolulu until
official Journal of the proceedings of BUch time when a Bishop could be op
the synod, which was held here In Ho- po,nteil and ordained by the House ol
nolulu In Decembor In order to show Bishops. He would Immediately taks
,t.,t u. p'ieslulnBl Blhop tho work Btcps to organie the church, the otfl
which had been, dona by him towards ccr etc
MiiPff.CCti?Si0.Vl he tranBfcr-. Dlshop i,e wished to placo especial empha
Willis In his letter expressed the- hope Bs on Beveral features of the transfer,
that the Presdlngl Bishop would scfld Tne pgialng Bishop had particular
hlS,slg.n.?t h.lB BPDrova'' , , t lly wanted to express the dignity of
The letter from tho Presiding Dish- tho event and had therefore sent him
op unswerlng that of Bishop Willis Bishop Nichols, to represent the
was next read by Mr. StlleB before tho House of Bishops of tho Protestant
i ii i Vi """.'"ler i""' EpUcopal Church of America to
Island, stated that he very much wish
ed that he could bo able to be present
at tho transfer. Ho was, however, al
n'ost ninety years of ago and very fee
ble so, as a consequence, he would
sot bo able to attend In person. Ho
further stated that the House of nish
ops would meet on April 19th In Cin
cinnati, when the matter of electing a
Bishop to succeed Bishop Willis would
bo attende'd to.
Tho Presiding Dlshon fully annroved
nt the steps which Bishop Willis had
taken with regard to affecting the
iraniltr and hoped and trusted that
peaco and harmony would accompany
tho same.
Mr. Stiles next read aloud to the
congregation a letter from tho Arch
bishop of Canterbury accepting the
resignation of Bishor Willis.
Bishop Willis beforo he handed over
his papers to Bishop Nichols, made a
Actlng Governor Cooper said tbls
morning that he had asked Bandmaster
Berber to submit an estimate, of ex
pense tor the projected visit ot the
band to Maul. It" it prove within thu
limit the band will leave here on tho
1.1th Inst., and, beglnnlr; at Lahalna,
give concerts at the chief points en
route to Walluku, wher,o It twill plv
tor the opening oft Pythian hall. Tuv
trip will be limited to five days.
' '.C t'
Captain F. B. Cobham of Jamestown,
N. Y has Invented a railway block
Blgnal HyBtepi In which advantago is
takeh ot tho Hertzian waves to signal
automatically from ono train to an-,
other when they como within certain
distances of ono another on the samo
.The Bulletin, 75 cent
I have had a man out making
surveys for the road from Alapal
street to Pauoa stream, on which work
will begin as soon as there Is money
Jn sight. Thoso who complain, how
ever, Bhould be. aware that the Hapld
Transit Company's franchise extends'
trom Emma street to Pauoa stream'.
It would be throwing away money to
macadamize, that route only to lsve It
torn to pieces by the electric railway
constructors within a few months.
"I consider the road above tho
queen's Hospital mora important any-
found his bond. Ten ot the best peoplo
In the district went sureties In $5000,
each. The bond was signed by such
leading old residents as John Magulre,
John D, Paris, Mrs. Oreenwell and Mr,
"Then they have faith In the1 enter
priser t
"Well, they know It Is a great thing
for Kona and they want io see It gt
ahead. a. '
"1 haven't -j uch time for talking, but
would say I was greatly Impressed with
the extension of Klnau street.'
way. at the present, than roads farthor ,h " ' .-.' 7i,..., t
out. It Is now called O Luso street. 1 1 "le c5"tee Rrwlnf '"""" ,' 'j0'
IhlnU hnvln fnrmnrlv l,n Wnnom n ""OW Coffee had readied bedrock
i uim mi: uru Killing a cent a pounu
uiuiv iui ii mm trui. uruni-ro nnu
had capital and held out have therefore
something to reward their patience.
Men like Bruner and Wallace and Mc
Wnync, who planted and cared for
their coffeo, on a -modern system, do
not cry out.
"There was I think 17.000 bags of
coffee exported from the district last
year, and tho crop will be larger this
year. The trees are well laden with
berries. Mr. Bruner does not sell his
coffee for seven cents. He takes It to
the Coast and markets it at a price that
its fine quality commands.
"Hackfeld's mills and several others
are a great benefit to the coffee Indus
try, especially to the smaller planters.
They bring their crop to the mills and
have It cleaned and assorted tor halt
a cent a pound, with' perhaps another
half cent for hand-picking It.
"If there Is one place In the Islands
where the small farmer has a good
chance, It Is Kona."
cclvo the transfer and to glvo tho wel
come of tho Church of America to
the church hero with Its clergy and
Its laity.
Ho further spoko on what must be
felt at the rondlng of the strong tics year.
wnicn must necessarily nave Decn
formed during the period ot over thir
ty years which had just passed. He
mentioned the fact that all tnose
Bishops who had worked hero In Ho
nolulu had had very long episcopates,
Bishop Willis being one of them.
Ho next dwelt upon tho change of
prayer book which had taken placo aB
a part of tho new order of things. Hu
was aware ot the fact that this change
would have a sorrowful effect on many
of tho congregation who had become
so used to the old prayer book that
the change to the use ot a new one,
even If tbero was only slight changes
In tho doctrine, Itself.
He would, however, be hoped soon
It has been definitely decided that
the field day of tho Boys' Brlgado will
bo held Saturday afternoon next unless
ot cpurso the weather Is so bad that
tbls will be Impossible. The following
teams will take part: Honolulu Ath
letic Club, Malle Illma Athletic Club,
Punahou Athletic Club, Kamehameha
Athletic Club, Y. M. C. A. and Artil
lery. The following will be captains ot the
various teams: Y. 51. C. A., Fred
Young; Mallc-Illma. Percy Benson;
Punahou, W. W. Williamson; Hono
lulu Athletic Club. W. C. Crook; Ka
mehameha, U. Lemon, and 'Artillery,
Lieutenant Bebr.
There will be no delays In the run
ning off of the events.
Chas. Dole has entered for the low
hurdles and high Jump.
The pole vault man who was export
ed to break all previous records here
left for Manila In tho transport Meade.
It Is expected that quite a number ot
the Island records will be broken,
Entries will close at the Y. M. C. A.
lit 7:30 o'clock this evening. It Is cal
culated that there are about sixty en
tries at the present time. This Is an
exceedingly good showing.
Weekly edition of the Bulletin $1 a
The Bulletin. 75 cents pe- month.
Wells, Fargo & Go.
TEL. MAIN 199.
Masonic Temple, with American
Messenger Service.
short speech In which, he went over bo uble to 'glvo a series of lectures
the principal ovents which led up to Uert In. which ho would point out the
tho transfer. In November. 1899. tho
synod had pledged Itself to take steps
in order to)brlng Into effect tho unison
of the church In Hawaii wfth tho Pro
testant Episcopal Church ot America,
setting forth In Its resolutions certain
conditions which w-ero to bo observed
In tho matter. ,
In October. 1901, thq House of Blsh'
OD3 aUtbe convention licld In San
Francisco, dccldcdjthat It devolved on 8Ccm hard, thoy 'became nccustomed
chnnges which bad been made In the
revision ot the prayer book and
would also endeavor to explain tho
reasons ror mora changes.
Ho hnd In California had an oppor
tunity to observe many ot his parfb?i
oners who luul.bcen used to tho old
prayer book malting the change In us
ing the rovlsqitjone. He had noticed
that oven It the fhango did at times
! V-.
that houst 'to make, tlfo Episcopal
Church In Hawaii a missionary dis
trict of tho" aJrotcstant Episcopal
Church of America
In December of last year tho synod
expressed the deslr$ of the church to
be recolvcd Intb tho Protestant Epis
copal Church of Amerlri and promised
uiiugiuucu io mo Bamci
On January 15th pf this year
charter, was Amended giving all
to tho new one. grew to like It nnd
very ottcn onded In preferring It to the
ttd one .
From this, Bistiop Nichols went to
tha, subject of the past history of the
church in Hawaii. He recalled to tho
minds of tlioaif present tho time when
th country was. beckoning o tho na
tions for Christianity and mused upon
how different things, might havelbeen
per-rnqnth. IVro'periy'of tho church over lo. the ' (Contli
tinned ou page 4.)
Heretofore our storm rubber ads.
havo had the effect of causing tho
rain to cease on the same day of publi
cation. You' might consider them a
public benefit.
If this ad. falls In tho usual result,
wo can at least he of greater service
to tho public by selling tho very
best rubbers at $1.
This will Insure dry feet and great
ly lessen tho chances ot a cold, thero
by saving doctor's bills, etc.
Shoe Company, Ltd.
. f;
7 4. ' "
V i
; W-"
i i
. - . -- ItsM) -". TT" W 3 "TWM.
j-rftr r '
III! 1111 ifallWufl- --I"-J"

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