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The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, January 17, 1877, Image 4

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83025121/1877-01-17/ed-1/seq-4/

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I
IVTED
THE LADIES TO KNOW
77mi tin Cndcuurned hat
JUST RECEIVED A
StTKBB LINK OF
GOLD AND SILVER GOODS
SCITABLE FOR THE
CUSTOMARY CHRISTMAS GIFTS
Among vitich trill be found,
Llefaa. rinrtrt biasnond limes,
1 adaa. aa 4 (iatit'i Saliu ire.-.
.-! . i.e..-. . .-!; - ul Pearl Ring,
(tyx. II til rt Garnet, Pearl, Torqauiee, Most Ag
ate mi other different settings.
Ladse Jelt Onyx.
5rt rhainv mi Lockets with Ear Itrnri to
F. T, LENEHAN & CO.
OFFER
Sol
Ladie. apert AMftrrrt, any other Settf ,
MmOmlMi,
lassies ft ekUdraa, Neek Chain.
Lad aw A Children! Uwcti i Chain.' .
aaalxr Cxtf T'laf,
1 ... -..es,. icr L ''!-.
ChiM's Finger lUngs,
Ladie- Gold Bracelet; .
Laaief i iot' fjoeft p..: J Watches,
Bath Key and Stem Winders
Ladie. Oaraatt Ear Eingi.
Ladie: Coral and other Setting Ear Rings,
Lasix Ereaet Pint, assarted dedkraj,
Ladiu J el SetU.
ai SILO SILVSK WABS
ire I aL.i 1 oral and Spoohf,
id Surer Tea rpoonr,
Saial hilvaa Sugar -Le .r.
Solid Silver Salt Spoons .
Solid Silver Cake and Pie Knives
pjJSJ Solid Sil ear Barry Soon,
-v ... M.rer Child", Ut.'C', ForliMud Sj.uol.-,
sjsjbj
, .. Solid Silrer liuttar Knives,
Uataa
El U
at
TI
T-...V
SO
Soi,- Mirer Cope and Goblets.
Solid Silrer iNstasrt 1'orki and Spoohf,
botad Silver Match boxes.
art oerytIiing in Out above Lint.
1 artiM Nor ir yoar tine to Boy u id i little
Taw beaar yon will bare to pay under the
Tariff 2tl per cent extra for aoy
good in the above Line,
ly- i and Ready fur SaU.
H
T" A
Jt No Plated food in this EstabHuhmtnt. "V
. . M. McIJiEHNY
RECIPROCITY CASH STORE !
X. 73 FORT STREET
T THI ABOVE PLACE Wil l. BE iOl'ND
OP
THE FOLLOWING
NEW GOODS
Vow IiaiicUng,
From the A 1
British Barque (anoma
From Glasgow.
A51 OTHEIt LATE ARRIVALS,
'onrinting of the following Machinery :
mm
SUGAR MILL,
OOMI'I.ETK
Fivo Stoom Cla.rifi.ox-s.
400 and 500 (iallons
A FIXE ASSORTED IWOME OF SMITH
a W I I. LSI IKIllS'S
Celebrated Cooking Stoves
AND RANGES
BBLS BEST WHITE CEMENT!
1 . ..: :. Bar Iron, aMortt-d sises ;
Iiat Scotrh BtMet Iron, assorted si : PiR Iron,
PAINTS AND OILS!
f OoMlftllBX Of
Tins Whit LmiI, Tins Wait Zinc Paint,
Tins Ufiiutnt '.' Lead.
Tin Black t Bloe Paint,
lrums liolled Unseed Oil.
FIRE BRICKS, SQUARE AND ARCH i
OLAX.
BEST III.At KS.1ITII ( OAI.,
BEST STEAM I'OAl.
Fencing Wire, assort.- sizes, auuealed and galvanized,
Ualvantied Buckets, assorted alaes.
A General Assortment of Supe
rior Stationery
DRY GOODS
C'oiishlii.iT of
Fancy Prilllnc. Fancy Ifiiit. White Cottons,
UaudkcrchirTs, ;ingbamR, Costumes, assorted.
Tweeds, assorted; Broadclottis, Coatings
ALSO, A FULL ASSORTMENT OF
LIQUORS!
UXMST1K0 OF
Caver TTeidseickV Champagne, pints and quarts'
Xiasketp Lawrence's Champagne, ; - aud qts,
Baskets Lawrence'i Champagne, extra dry.
Cases Hennessy ' Brandj.
Cases Martell's xzx Brandy,
Casas Planat's 1S62 Brandy,
Catuf Small Geneva,.
Caos BeM Genera.
Cases Old Tom Gin.
Cases Beet Kinahan's L Irish Whiskey.
Case? Dunville'f Iri?h Whiskey,
Best Scotch Wbickcy.
Quarter Casks Best Hennessy's Tale Brandy.
Quarter Casks Best Marti - Brandy,
Quarter Casks Jatntica Rum.
BEST AMERICAN WHISKIES !
Occidental, Hermitage and O.F.C.
Caacr Bet Palo Sborrj,
Oi; Best Old Port,
Quarter Casks PaleBlierrj,
Quarter Casks Irish Whiskey,
McEwan's India Pale Ale,
Pint, and Quarts.
India Pale Ale, pints and quarts,
Bass t Co'f India Pale Ale, pints and quarts,
Orange Bitters, in cases,
Bnutelleau A Co's 1, 2, I and 4 diamond Brandy
Cases Superior Vermouth,
Cases Foktr'a Bitters, Cases Superior Claret,
Ac,
Ac.,
to.
Tav
Class and Plated Ware :
mtmMr for Bn-tbdaj . Woddinf A C hiistinas Prosents.
srrlr? T-rraooua Ware. Brouae Goods,
Krarketa. -Ur Qastlea, Fancy Soaps. Vases.
ft-4ay. liour. and Oalendar Clucks.
J Fine FreacbUUt Ucks, Atomisers,
Boys Tool Ctoests, Tobacco Boxes,
IVceptlre Wine fJlaaaes. Btafs.
P-rtoUoa. atusac Bolls, Valises,
frnji$t. Kterpfmptr tews,
(at Oard and Cabinet Fnunea.
land and CnmMaaUoo Mirrors.
Oae. To o A Three Shelf. Book Shelve, Etc.
THE ABOVE COOflS ARE MARKED OK A
CASH BASIS
MY TKBHK IKE MTKICTLVCAIKII
cu-Xm ' A. L. (SMITH.
NOTICE.
TUX, I XDERHieXEB BES TO JfOTIFY
use awopH of Koloa and vicinity that he Is pr, -tawao
a eaoenle
Z PLANS AND ESTIMATES :
It Fr taboo- wtahlapT to hutid. and tn also prepared to take
eatktsiMJSa fur suaj kind of bail dine or
Cart & Carriage Work.
All kind, efnondtnc material on hand aud will be I umtshed
at the old ataad In Koloa. anch as
Lumber of all Hinds,
JJoorr. Sash. JVaifc, Paints, Oil, etc.
in be aotd at lowest prlees. r" Lnmbar
trie BuHllnr. trom Baanl to Watmea at lowest
JSr. rUarre for plans, or rmimat.-s to those pur
aaaeraal from nr.
W. U. WKK.IIT.
Sana. Her-irrt. IS4U
SHINN'S NURSERIES !
SHIN N & CO.
p miS, ALAMEDA COUNTY, CALIFORNIA
AWTRI rKorRiriOKS OH i;R lORMaa
SP SJX, Is aaore or aaaU quantities, Ci - "
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rer- . :utrrte! Tsuiety or
A paw . v. t enrj. Worn, Xacualae. Peach, Trana, Crab.
im Wa. Waw. Quaaat. IV V....
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laiiassf i-fsVl Waiana, Vlojriish Filbert. Chestnut,
ptasrl Vavnc:. Butumut. Pecan, etc., etc
SBoIAXjX fruits
1 Caawisana ataWkaactaas. Otmff. Baaabmiaa. Oooa
mm aanasa ate. etc : Also, rerauutnon (Japan and native,,
y UnfjaaU. Ta. OMi Caarah.
I 1 1 ka B k I k h and other Shade or Ornamental Trees
M JBPtSAl-VtTVS iBIae liaa In variety. IVpper Treea,
Caera Yellow and Boar ). Pmes Oatalpa, laatrnolia.
. etc.. ear. . , .
t uses X-EW'AK'H XXX STIU'T. ill stone Jugs.
PINTS AND QUABTS.
etc., Ac. Ac, Ac
(183m F. T. LENEHAN & CO.
NEW GOODS!
llECEflED Blr LATE ARRIVALS,
A LARGE SUPPLY OF
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OFFICE STATIOKEPY Ac, tc, 4c.
Consisting of
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Euvelopes of all Stylos,
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SCRAP and POSTAGE STAMP ALBUMS,
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Letter Clips. Book Slates,
Glass Metal anl leather Traveling Inkstands
Choice Wood and 1 ' ai : Oflice Inkstands,
Fine WaJk-rs, Puries and Ram,
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Children's Alphabet Blocks,
Eye Glasses, Reading Glasses.
Tortoise Phell and BafTalo-hom setts.
Quill and Wood Toothpicks.
Pteel Pens Glllott's. penT and other makers.
Crystal and Diamond rubber,
Ivor)' Paper Knives and Erasnrs,
Ink Kxtrartxnt and pounce.
Microscopes. Wood and Rubber Rulers.
WRITING DESKS. A FINE ASSORTMENT
a3
All orders promptly filled. W
H. M WHITXET.
Z SEMI-TROPICAL FRUIT TREES,
aWalCJifrtw r C tJ WJ t$4 Kf e
Oraatre Uemon. lime. etc. etc
Iom 4 Onumeatal Shmbi & Plants in
great Variety
e and Price List, can be obtained on application
CAfTLX COOKE. Boaololn. who wlU receive
rd craven far trees and to whom paymenu
Pacific Rubber Paint Company's
PAINTS!
rpiUS ARTICLE IS FOB SALE BY
BOLLES & Co.
The KnWr Paint h Justly celebrated, and Is coming
into general use, and all who hare given It a trial h'ghly
recommend IL The undersigned have a general assort
ment of all c-dors ana tliade, aud vi keep up the assort
meet, aud be nra.iy to.U erd. rsat the ,horte notice.
. ",' ' aSLUES Co.
Civil Engineering.
f R P. A. ale LASI X. CIVIL r.NtilM.I.R
ATJa. and Surveyor, i. prepared t undertake I And sur
veylng tn aD Its branches. Maps constructed with full
details. Information given lo regard to the quality of
aoUs, and their adaption for cultivation, taking into con
Ktderatlon locality. areaouity, etc.
WATER LEADS Estimates given In regard to alse,
cost, and capacity, and amount of power furnished bv
ansae for ma.-nln.ry.
ROADS AMI BHIDOIM. Plank and estimates made
with a view of obtaining the best results with the smallest
outlay.
He Is also prepared to give Instruction on tropical cnltl
vation. i
Address the above through the Honolulu Post Office.
trw satls- X :i-im
HAWAIIAN GAZETTE
AN INDEPENDENT JOURNAL,
DEVOTED TO HAWAIIAN PROGRESS.
PUBLISHED AND EDITED BY
HENRY M. WHITNEV.
WEDNESDA Y. JANUARY 17, 1877.
Supreme Court of the Ilawalinn
I:iimI.
OCTOHF.R TERM, 1 8 7 6.
JOHN H. CONEY r.. JAS..I. D01VSET1.
Opixion of A. Francis Judd.
This is no action in which 810 000 are claimed
a ilamnees for the trespass of the defendant's
cattle opon the land " Honnnlinli." in Ewa.
Oahu. the properly of the plaintiff, since Oct.
ICth. 1875.
The jury returned a verdict for the plaintifi of
$200. and a motion is made to set aside this
verdict and erunt it oew trial, on the ground that
the jory most have mistaken or disregarded the
instructions of the court on the effect of certain
leases under which the defendant justified, or
that the jury misunderstood the evidence.
The first lease in qnestiun is dated March 3d.
1846. and. running for twenty-five years from
the 1st of February of that year, expired on the
lt of February, 1871. It demises to John
Meek and his heirs, the kula land at Lihue. and
the privilege that his cattle should be undisturb
ed at llonooliuli, if Ibey should go there.
The second lease is dated 15th of July. 1851,
and leases to John Meek and his heirs and as
signs the land called Waimanalo, at llonouhuli.
particularly as follows : The knla and the kna
bini and the rights appertaining t heroin, and the
I'oaliinas, the river with ail the rights appertain
ing thereto. It gives the boundaries as follows :
On I he mauka side the In mis previously leased
to John Meek, that is, the kulti of Lihue and
he kula of Honouliuli ; on the makai Bides
Nunnkuli nod the Koolina. This lease expired
on the 5th of July, 1876.
The third lease is dated the 16th of February.
1853, and it being for twenty-five years, does not
expire until the 16th of February, 1878. By
this lease there is conveyed to John Meek, his
heirs and assigns, all the remainiug portions of
the leaeor's kula land at Honouliuli : this being
explained as follows : All parts of this kula land
cot included in the previous leases made tietrmen
A. Keluabonui, M. Kekauonohi und Jno. Meek
for that land called Libue. on the 3d of March,
1846, und another lease between J. II. L.
Moalelea and John Meek, of all that land called
Wuimenalo, on the I5th of July, 1851, the renis
of these two lands shall continue and their lease,
until the expiration thereof, they are not in
cluded in this lease. Before considering the re
servations, which are made at length and with
considerable particularity,
Let us eo on lo the fourth lease, which is
dated i lie 1st of February. 1871, aud which con
veys nil ol thai certain piece or parcel of land
situated in the Abupuaa of Honouliuli. district
of Kwa, island of Ouliu, known as the Hi of
Lihue, for seven years, and which will not ex
pire unlil the 1st of Fubruury, 1878.
The plaintiff claims that lease No. 1 conveyed
not only Lihue but a portion of the kula of
Honouliuli, uud builds up an argument in eup
of I his from the words of description of Waiinu
nalo, above given, in which ibe niuuku boundary
of Waimanalo is stated lo be the kula of Lihue,
and the kula of Hooouliuli, and thai the portion
of Honouliuli conveyed by the first lease aud not
included io the third lease, was nol covered by
the fourth lease, which was a lease of the Hi of
Lihue only. The plaintiff claims that as there
wos abundant evidence that the defendant's cat
tle pastured upon this tract of land within the
diiles in which ihis Irespnss is laid, the award of
'.he jury of 3200 is far from excessive and should
be sustained. But can this position of the
plaintiff be sustained ?
The first leuafi conveyed only Libue, the lessor
covenanted in addiliou that the lessee's cutlle
should be undisturbed on Honotiliuli, if they
went there. This does not lease any por
tion of Honouliuli outside of Lihue, but only
protected the lessee from being held liable for
trespass if his cattle strayed on Honouliuli
This view is strengthened by the wording of
lease No. 3. made in 1853. which shows the in
terpretation put by the purlies on their previous
leases after seven years of dealings with each
other as landlord and tenant. This lease No. 3
distinctly says that the lease of 1846 was for
that land called I.ihue, and lhat the lease of 1851
was for that land called Waimanalo. Now, as
this lease No. 3 conveyed all parts of the kula
of Honouliuli, not incluried in leases No. 1 ami
2. it conveys all of Honouliuli except Lihue
and Waimanalo und the reservations.
In a former case between the parties to this
suit, the court held that if there exists an am
biguity, in the lease, then such construction
must prevail as is most strong neuir t the cove
nantor, for he might have expressed himself
more clearly. But there is no ambiguity here,
except, perhaps, the exemption from liability for
trespass on Honouliuli, and upon the principle
just etuted it must be construed to be a mere
license, the actual territory over which the license
was granted in lease No. 1 being leased by in
denture No. 3.
Waimanalo is described in the second lease as
being bounded on the nmuka side by kula of
Lihue and of Hooouliuli. This cannot be ex
plained except upon the theory lhat its extent
was not at that time well defined.
It is clear that the plaintiff does not claim
now lhat Waimanalo stretches up to Lihue, and
I am inclined to read the description in this way.
The land previously leased to John Meek, that
is the kula of Lihue and the knla of Honouliuli
on the mauka side. Certainly, if Waimanalo is
an Hi at one end of Honouliuli.it must have for
one boundary the main body of the land of
Honouliuli. where it joins the same. The clause
" and the knla of Honouliuli." is not necessarily
modified by the clause the land leised to John
Meek.
It is claimed further by the plaintiff that as
the lease of Waimanalo particularizes kula and
kuahiwi as being two distinct classes of land, the
kula being low land and kuahiwi being mountain
land, and as the third lease does not mention
specifically the kuahiwi of Honouliuli, it must be
considered as intended to be excluded.
I am of the opinion that in ibis lease No. 3.
'kula' means land not kalo land, however this may
be, the 'kuahiwi' is not excepted in the largo num
ber of reservations made, and although the lease
does not convey the right to actually take the
wood in the kuahiwi, ii leases the right ol pas
turage therein, for the kaahiwi is a part of "keia
oina knla i komo ole iloko o na hoolimalima
mua." (Ibis kula laud not included in the previous
leases). To lease the whole of a kula land, re
serving certain specific portions and then to say
that this does not cover kuahiwi or pali, pua,
mauna. awaawa or other portions of land to which
various topographical terms may be applied would
be disingennoaB, and it is so manifestly contrary
to the intention of the parties as eathered from
all these instruments as not to be countenanced
When the testimony of Mr. J. H. Wood is
considered, who testifies that Waimanaln is
worth nothing for pasturage at present, as there
is nothing green on it, it is clear that the amount
of $200. if awarded for damage for trespass on
this land, is excessive, for if the jury found that
defendant's cattle were allowed to remain on this
land an unreasonable time after the lease ex
pired, the damage awarded should have been bat
nominal and not beyond the statutory amount
of 123, els. for each animal.
The reservations in lease No. 3 are as follows:
"These are the places reserved to the party of the
first part ; the fish ponds in said kula land, tuv
ind fish in them, and two lots intended to be en
closed hereafter : also MnkumeDa adjoining the
eucloeed taro lands : and also that piece between
Kualakai and C. W. Vincent's lot; lhat place
knewn as Ka pa I" hi is also reserved ; the sea
fishery and its rights are also reserved, similar lo
the Waimanalo sen-ris-ht reservation ; also the
Pa eina at Honouliuli and the said enclosure :
and also the cultivuluble land at Poupouwela;
nil of which are reserved and not included in this
lease, hut John Meek's cattle shall uot be mo
lested should they go on to these place reserved
if not fenced in with a Jeuce sufficient to prevent
caitle from trespassing. Poupouwela will still
remain as in times gone by. and is not intended
tn tie fenced in as Ita situation is good, not need
ing n fence. The tabued woods of the moun
tains of the lands mentioned io this lease are
also reserved to the parly of the first part, but
he, John Meek, can take said tabued wood tor
his own use, as much hs be wishes, but nol lo
dispose of to other parties."
The clause, but John Meeks cattle shall not
be molested should they go on to these places
reserved, if not fenced in with u fence sufficient
to prevent cattle from trespassing." fixes the obli
gation upon the lessor to keep bis reservations
lenced. and us there wus no evidence offered to
the jury to show that this was done, they were
not at liberty to found their verdict upon evi
dence tbut the cattle of defendant were accus
"oied lo gruze and get water on the reserved
portions. It is urged that though the lessor
covenants thut the caitle shall not be consider
ed as trespassing if they shall t'O on the re
served portions, unless fenced, still the evidence
shows that the cattle were continually on one of
these portions, that is 'a aina, for water, und
that ibis is in excess of the license, and there
turc trespass would lie. I am of the opinion this
is not sound, fur there could be no trespass on
Pa aina. unlesd lenced with a fence capuble of
turning stock.
The law will not allow a pit-full for the un
wary to be thus dug, when it was possible, in
traming the lease, to make the intention of the
lessor lo hold his tenant lo such a liability more
clear.
As regards Poupouwela, its aina mnhiai is re
served. This is translated cultivated or culti
vatablo land. Whichever rendering is taken
there is no evidence thai Dowsett's cattle tres
passed upon either the cultivated land or the
land capable of cultivation in Ponuouwelu. The
evidence wus confined lo the statement that the
cuttle driven from Waimanalo between the 11th
and 18th of July were driven from Lihue to water
ut Poupouwelu uud hack again, but Ibere was no
evidence that this water was in the limits of the
aina malum. I am of the opinion, though the
jury were not so instructed, that no trespass
could bo maintained even on the aina mabiiii of
Poupouwela, as the clause in reference to im
munity Irom trespassing applies to it, and the
lessor disavows his intention of lencing it, as the
situation of the land did not require it. The
legal inference Irom this is, that he tmk the risk
of caitle trespassing on it, though uufenced.
The jury were instructed in regard to the tes
timony lhat the cattle of defendant hail spread a
thorny acacia over the laud as follows : That the
plaintiff could not recover damages for this if
done while the cattle were lawfully upon the
plaintiffs land, for he mast be held to have for
seen the natural result of the pasturage of cattle
in disseminating weeds and thorns on his lands,
when he made the lease ; and as regardd acaciu
being Bpread on Waimanulo. the defendant could
only be held liable for whatever damage was
thus done since July 15, 1876, of which there
was no distinct evidence.
The court charged the jury that up to the 15lh
of July, 1876, when the Waimiinulo lease expir
ed, the defendant had tli right of exclusive pos
session of all Honouliuli except the reserved
portions, but on suggestion of plaintiffs counsel
made the qualification that if the jury found that
there was any portion of Honouliuli conveyed by
lease No. 1 and nol included in lease No. 3 and
not re-convoyed by lease No. 4, they might find
that trespass was committed on such portion.
In giving this modification the court had no in
tention of allowing the jury to infer that there
was any such unleased portion of Honouliuli. for
it had charged the contrary. But this may have
misled the jury, which is to be regretted.
It is apniirent to me thut the jury mii3t have
understood the instructions of the court upon the
evidence of trespass upon any portion of Uonou
liuii, except Waimunulo, and as to Waimanalo,
if the verdict was founded upon trespass on this
land, the amount of damage is so c'eorly exces
sive as to lead to the inference that the jury
based their assessment nt damage on some erron
eous principle.
Exercising the sonnd and legal discretion vest
ed in me, 1 am of the opinion that the verdict
should be set aside and a new trial granted,
which is done accordingly.
A. Francis Judd,
Justice Supreme Conrt.
L. McCuIly and E. Preston for plaintiff, A. S.
Hurt well and W. 0 Jones for defendant.
Honolulu, Oct. 23, 1876.
John Ii. Coney rs. James I. Doicsetl.
On Exceptions to the Decision op Mr. Justice
Judd,
Present: Chief Justice Allen, Justices Harris
and Judd.
The question upon which the opinion of the
full court is desired, is the construction of the
leases on file in this case.
The arguments of the counsel for the plaintiff
are exceedingly ingenious, and we have given
them full consideration. Wo have likewise re
viewed and weighed the opinion given bv Mr.
Justice Judd, which is excepted lo and we con
cur in that opinion fully, seeing no reason for
altering, amending or expanding it.
The jury will be instructed in accordance with
this opinion, in case a new trial is proceeded
with.
Emsha H. Auks,
Ciias. C. Harris,
A. Francis Judd.
E. Preston and L. McCuIly lor plaintiff, A. S.
Hurtwell arid W. C. Jones for defendant.
Honolulu. Dec. 29. 1876.
Tlic Prcnidential Vote.
The London Spectator has fallen into a preva
lent misapprehension respecting what it terms
the " mass vole." It has suited the Democrats
Irom the day after ibe election, to pretend that
in the popular vole Mr. Tilden has a majority
exceeding a quarter of a million. In form, the
pretension :s not devoid ol plausibility ; in sub
stance it is uotrue. Of the twentv-one Northern
by the court. I observe, in passing, that if the de-j States, only four gave Democratic majorities.
amounting in the aggregate lo 5d4U7. I he
B
Oat Hay.
EST CALIFORNIA OAT HAT For Sale by
fendant is now liable for trespass upon the kaahiwi
ol Honoaliuli or opon the portion of the knla of
Hooouliuli claimed by the plaintiffs counsel to
be not conveyed by lease No. 3, be was liable
lor trespass for the same reasons on the 1st of
February, 1871, the date when tfaa first lease of
Ishne expired.
1 find therefore that as there was no part of
the Honouliuli kula between Lihue and Waima
nalo not covered by the leases lo the defendant
the jury were not at liberty to consider in mak
ing up their verdict the evidence of the trespass
of defendant's caitle on this territorv.
The lease of Waimanalo having expired on the
15lh of July, 1876, the jory were instructed that
the defendant should be allowed a reasonable
time after this date in which lo take bis cattle
of Irom this land, and in which to restrain them
from returning thither. The evidence of dam
ages for trespass on Waimujalo by Dowsett's
cattle since the lease expired, consists in state
ments of witnesses that they bad seen his cattle
on this land within the month past, and since the
time when they were driven off by Dowsett's
men. The particolar evidence was given by Po
who testified that be saw nine bead there on the
20th of July, and sixteen bead there on the 10th
of August, bat this witness was uncertain at to
the boundaries of Waimanalo, and said they bad
never been pointed out to bim.
eighteen other States gave Republican majori
ties, wbicb, in the total, amounted lo 306,805.
In the Northern Slates, therefore. Mr. Hayes
has a net majority over Tilden of not less than
253.335. From ibe sixteen Southern Stales the
returns are incomplete, those from Delaware and
Texas not having been received io m authentic
shape. What we have from the other States
give Tilden a majority at about 44.000. Add as
the approximate resmt ia the two non-reported
States, 80.000, and the total Democratic ma
jority, according to the face of the returns, may
be set down to round figures it 520.000. De
duct the net Republican majority ai the North,
and tbe apparent Democratic majority in the
whole country is something like 266,000. But
this majority is apparent only, not real ; that is
to say. it presupposes Ibe occurrence of an elec
tion as free a-d fair in the Southern States as at
the North, and this assumption, as every intelli
gent man knows, is at variance with the facts.
But for intimidation, violence, and fraud, tbe Re
publican majority in Soatb Carolina would have
been 20,000, instead of tbe 900 which appears on
the tace of the returns ; In Florida, 10.000, in
stead of forty-three ; in Louisiana it would have
been at tsast five times greater than the figures
actually counted. None of these States is. at
heart, more thoroughly Republican than Alaba
ma and Mississippi, which were secured for Til
den by tbe same system of audacious terrorism
which came so near victory in South Carolina.
With proper protection for tbe colored voters,
Alabama would unquestionably have yielded a
Republican majority of 10.000. instead of appear
ing to yield a majority of 33.000 for tbe Demo
cracy ; ami Mississippi, instead of swelling tbe
Democratic column wilb 56.000, would have ad
ded to the Republicans a majority considerably
exceeding 30,(KlO Thus, to go no further, the
apparent Tilden majority ol 266.000 dwindles
dowu to 92.000. Fully three fourths of this num
ber would be ubliter.iied ia Georgia alone, if the
formalities of an election had not been reduced to
a mockery by the canning and persistency with
which the Democrats have contrived to disfran
chise a large Republican element, and to keep a
still larger element from the polls. All that is
left of even the apparent Tilderi majority disap
pears befora a knowledge of gross frauds in North
Carolina, Maryland, and West Virginia : while in
old Virginia and Deleware tbe Tilden strength
has been made to look morn formidable ibao it
is by tricks wbich in this country are well under
stood. .Y. Y. Times.
The Kerivixl of Baslness.
There are unmistakable evidences of the revi
val of business all over the Eastern Statos. Tbe
depression has been long and severe. A great
many manufacturing establishments formerly in a
prosperous condition were compelled to cease
operations altogether. Stocks of goods accumu
lated, many weulthy manufacturers failed, and
thousands of people were thrown out employ
ment. Others found their incomes reduced below
the point ol coinforlable living. Tbe business
depression has been more severe than any which
has occurred since 1837. There was this differ
ence : In '37 the currency was io a dreadful con
dition. There was ut thai time no national cur
rency excepl gold and silver, and that was seldom
seen. The greater part of the currency of Wes
tern Bunks was at a discount, ranging Irom ten
lo thirty per cent.
During the late depression the country has bad
a currency which wus as good io one Stale as in
another ; bat it was everywhere below par by at
least ten per rent. It has been said in a general
way that production was far ahead of consump
tion. Bui this solitary tact does not wholly ac
count for the depression. The truth is. private
bankruptcy from fast living became general. Not
only was the public indebtedness of the country
enormous, bnt tbe private indebtedness was still
greater. Rents had gono up more than a hun
dred percent.; everything was indued, and the
spirit of this inflation extended everywhere to
private life. There was n vulgar flaunting of
wealth. Economy in private life was somelbicg
not to be tolerated. Private resources were
" honeycombed," and incomes were eaten up
with mortguges.
Then came the shrinkage. Rents decreased
because there was no longer ability to meet such
deinunds. Brown stoue houses stood without
tenants. The man whose income did not exceed
three or four thousand dollars a year, could not
pay it all out for root. He sought less preten
tious quarters went into the country perhaps:
economized in various ways, and worked and
waited fur belter times. During all this period
the country wus as rich as ever in natural resour
ces. Tbe industrial product wus lessened in
some departments and increased in others.
There was less manufaciuring. because the sur
plus goods were piled up wuiting fur consump
tion. Bat there was nol an acre loss of cultiva
ted land. Ill fact, there was a continual increase
of agricultural production. The country was all
the while becoming richer. Enormous wastes
had been stopped. There had been a great many
recoveries from the verge of bankruptcy. Others
had gone lo the wall, settled with their creditors
as best they cuuld, und hud taken a new start
end were inspired with new hopes.
There is now perceptible all over the Eastern
States a business reaclion. The " young flood"
of prosperity has set in. and. for aught we can
see, this prosperity will continue for some years
But once in about ten years the country is over
taken by a business depression mure or less se
ver.'. Better times do nol set in unlil there has
been a re-adjustment of debts and credits, and a
great many business changes. California has
been one of the few States which has profited in
an incidental way by the " hard times" in the
Eastern Stales. Immigration wus largely in
creased, and the growth of town and country in
the matter of population never was greuter. This
immigration has diminished somewhat of late, but
there is still u healthy current setting in this di
rection. It is remarkable, too, that tbe business
depression in the Eislern States ditl not much
affect business here. The resources of this coast
us well as th: markets, are isolated, and. at best
are only'remoteiy dependent upon the Atlantic
Stales.
The surplus produce of the State is mostly
shipped to Europe, und tbe greater part of tbe
freight money earned by deep-water ships is in
the currying trade between this port and Euro
pean ports. Tbe product of the mines has not
been affected by the stagnation of business on
the other side of the country. The price of sil
ver has been regulated by a market which was
largely outside of tbe United Slates. The revi
val of business in tbe Eastern Suites will have
some effect here ; but not in such a direct way
as many eappose. It will be remembered that
our period of greatest depressions occurred when
there were flush time in the Eastern States ; and
the contrust then was so great that hundreds
hero went over and swallowed the greenback
heresy and boldly advocated a papei currruncy as
the only remedy for the stringent times in Cali
fornia. We recovered from that depression with
out any help from the other side of the country,
and afterwurd heard the other side of the argu
ment presented in the Alluntic States. ' Ob
serve bow California prospers witb an exclusive
gold and silver currency. When we get that
we shall have a return of good times." As we
approach Ibe date of specie resumption we have
oncooruging signs of a revival of business ami a
new era of prosperity all over tbe Eastern States.
5. F. Bulletin.
FINE WRITING PAPERS.
JET AH RECEITIXU BY EVERY ARRIVAL
FROM
SAN FRANCISCO, NEW YORK ANO LONDON,
ADDITIONAL SUPPLIES OP
Writing and Other Papers,
Among which may be found,
Letter Paper, ruled and plain ot varloui qualities,
from 3.50 to f6.00 per ream.
Note Paper, Pi1" ruled, from .1.'jO to fS.OO
per ream.
French Note and Letter Paper, a choice
article
Cap. Flat Gap. Legal and Bill Papers,
A lame stock always on hand.
Thin Overland Post, w't andbiue, ruiad0r
unruled.
ALSO
COLORED PAPER,
ot various sues and quality.
TISSUE AND COPYING PAPERS,
MEDICATED STATt PAPER,
Af AXILLA WRAPPIXa PAPER,
thick aud thin qualities,
avar Orders filled at abort notice,
H. Ml. Whitney.
For Lease,
Thnl well-fitted and Suitable Store
ii iBB ir a reuil or wholesale business In Odd Fellows
!U1
!iia UalL Apply to
W. C. PAREE, )
J. O. CARTER. t Trustees.
Or A. B. CLKlHOBSj
Honolulu, Oct. 24, 1ST6. SIS-tf
To Let, Lease or for Sale.
ttS REASONABLE TER.TIS A COSVESTI-
EXT Family residence.
ALSO
lovornl SraJLlcilxac Xaotsb.
CHRISTMAS, 1876
For particulars apply to
in lm
JAMES 8, LEMON.
Tlie Undersigned has JUceived,
PER
OCEAIV PEARL'
A Splendid Line of
LADIES LEATHER WARE
SUITABLE FOB
SOLID AY PRESENTS'
COMPBIplNO
A GREAT VARIETY OF
ENTIRELY NEW STYLES
.... OF ....
Ladies Bags and Reticules !
ALSO
Ladies Solid Sole Leather Trunks, nettled edges,
Ladies' Solid Sole Leather Trunks, sewed edges,
Ladies' Bridle Lather Trunks,
Ladies' Leather Covered Saratoga Trunks,
Ladies' State Room Trunks,
Ladies' Composition Truoks,
Ladies' Princess Alice Bags, with belts,
Ladies' assorted Colored valises,
Manilla Sohool Bags,
Grain Leather School Bags,
Split Leather School Bags,
Real Russia Leather Bags A Valises,
Ladles' Russia Dressing Cases,
Uents' Solid Sole Leather Trunks. Revetted t Sewed
Edges.
dent's Leather Trunks, Canvass Covered,
Uent'i Elegant Solid Sole and Bridle Leather
Valises,
Gent's Russia Leather Valises,
Dent's 0. 0. Trunks,
(loot's Russia Dressing Cases.
Trunk Straps,
Shawl Strap,,
Coat and Blanket Straps.
Solid Leather Coat Cases,
In fact Nowhere in or out of Honolulu
can such an Elegant Display of Lea
ther Ware be teen in any one store,
These goods having oou: in Duty free Lady Pur
chases will get the Benent of the ID per ceot.
THIS FINE LINE OF O00DS
WILL BE
Ready for Inspection and Sale on Wednesday next,
November 29th. M. McINERNY .
f 1820 3ml
DIARIES FOR 1877.
J I NT RECEIVED FROM LOXDOX, A t'EW
OF THE CELEBRATED
LETT'S DIARIES For 1877
In cap, post and pocket styles
ALSO
PER STEAMER "AUSTRALIA,"
American Excelsior and Perpetual Dlariea
In great vatlety, for ladles and ffenta.
W Prices vary from 20c Is to 93.00, according to finish
and style of blndlnir. H. .. IV III f N K Y .
Knowles' Patent Steam Pumps
C. BREWER & CO.,
Sole Agents for Hawaiian Islands
HAVE RECEH Ml
For Syron from Boston
OF THE
ABOVE CELEBRATED PUMPS, FROI NO. 2 TO 6.
A'I ARE RE VOY TO RECEIVE lilt l Kits
for any of the pumps of this make to be forwarded
overland If necessary
BOILER FEED PUMPS,
STRIP PVMPA,
DISTILLERY PI' TIPS.
VACVVH PI TIPS,
Pumps for Hat or Cold Water, Suit Water
Pump.
Prices and other Information given by
sad m C BREWER A CO.. Agents
PURSES!
A FINE AKKDRTME.NT OP LADIES' aud
ousts
Money Parses and Bags
bo found at
o-i" H.M.WHITNEY'S
INDIA RICE MILL,
CORNER OF
MISSI0H A FBE10HT STS., SAM FRANCISCO, CAL
'PHE INDIA RICE MILL HAVI I'MDER-
gone Material Improvements, Is now lu perfect con
dition for the
Hulling and Dressing of Paddy
UNCLEAN ED RICE.
Iu the Beat Possible Manner. The Price Cot Ul'LI.I.fe
and units.-:: .v. I PADDT has been Reduced 28 per cent.
C IV 1 1 V J 3VT OW
Paddy and Hulled Rice!
Will Receive Prompt and Cveful AUmtion.
WM. M. OREJETWOOD,
General Commission Merchant and Proprietor ol India
Blee Mill. 82J iy
NOTICE.
THE D DERSK J ED BEtift TO I.1TORM
w . L 1 iuu.Mum me puoiic gi nerally
tbat he has moved to the new shop on Merchant
'....... , . .. .. .
Or WM. ny. HKVWH IO 111 .100. Of WatCh.
... ,,.. r.i,. ravin.,, tw. ah pack
ages from the other Islands addressed to bim, contalnlnr
nrtu-iM. fur aaeasha, win rw.i, nmn, ... .,
solicited for all grades of Watches of American manufac
ture. Satisfaction guaranteed in every reaped.
B 5m D. WftXOW CLARK.
Envelopes.
WlTaTT RKnTED-IIM.aaa whit, bo IT and color-
ed envelopes.
Note Envelopes,
Letter Envelopes,
Large Letter Envelopes,
Official Envelopes.
Tor sale In quantities to salt and at reciprocity prices.
Wl-lm H. M WHITHEY
WILDER CO.,
Importers and Dealers ia
LUMBER
BUILDING MATERIALS !
ALL DESCRIPTIONS
WWtst Seantlins. testis
T'ingaed A Grooved. Sorf.cod.
Planks. Battens. Pickets!
Ii ia. x 4, lxi, and lxS, for
Fencing!
Laths, Ac.
REDWOOD
Sasotlior. Boards. Plaak,
Batwna lxS, UA, 1-JxJ, .ad fljil
Piok.ls Rough aod I.MT.
Surfaeeii Boards and Plaak. 7-S ta hi.
CLAPBOARDS, LATTICE,
ToBfasd aad Grasvad
RTJSTIO SIDING-.
TIMBER FOR SHIP USE
Jill ta ileal.;
Clear Nor'West. for Planter's Has
EASTERN WHITE PI5X,
California and Eastern Doors, all sizes
SASH, all sites ; BUND, all slat. ;
WHITE LEAD and ZINC !
PAI.Vf OIL SMALL PAIST CHEAP.
Patty aadVxraish,
Olaas, -So. 1x2 aad t.
Wall Paper and Border
VERT LOW!
Brown Cotton,
Iron and Tinned Tasks.
Paint and Wbltavuk Brashes,
METALLIC AND FIRE-PROOF PAM1
For Plantation or any Ulnar Usa,
Locks,
Butts and Hinges,
Ball. Screws,
Hooks aad Eyas. Aa
?fAILS!
Salt in Quantities to Suit.
tli 3m
C. BREWER & CO.
OFF Eh FOR .ILK.
UPON LI BE SAL TEBIS!
T Ii e C 'i r y o
OP Til K
American Bark Ceylon !
Sow Due fraaa B Jtaaa.
New Bedford Oil Shook.,
1 Ship's Caboose,
Sperm Candle,
Cases Tolauco. ( Kalakaoa's Farorita.)
Cumberland Coal,
New Bedford Cordage, 1 in. to 6 1-2 as,
SpanyarD.
Nests of Traoks. four ia s asst.
Ice Chests, Assorted Size.,
Iron A Galvanized Pipe. 1-2 in. to 4 in
Lawrt-Dce's Duck, Nos. 1 to 10,
Card Matches.
A Very Choice Asst. of Dry Goods
Cora, ring in part of
Mystic Blver Nbetln(s.
Bout Mills Ml.ee tinea.
MaaaeehuaeUs Sheetlnra.
Bleached Aaaoakeag lottos.
Brown and Bleached Flan Mia,
TV-am;. Kl
Amoskeag & Pearl River Deaixns
LADiear himm. cauim.
ONE BLACK WALNUT CHAMBER SET I
Cedar Shingles, spruce Bnarda.
Curled Hair. Paper luun. lib. lo IfTh.
Bungs awl Deck Plugs.
Coal Baaaea, Paast .1
3 JUMP SEAT CARRIAGES
Buggy Harness.
Mess Reef .d prtme Pork.
Knowles1 Patent Steam Pump :
C. BREWER CO.,
Sole Agents for the Hawaiia-a Isludt,
HAVE RECEIVED
Per Syren from Boston !
or i in.
Above Celebrate Pub frB 1st. S I
' - i - nun
of i In, make to ha seat 'nsltfiiii aaaij
BOILER FEED PUMPS), ajTBl'p Pratm,
DISTILLPRS PI MPS, V ACT I'M PCM'S
Pumps tor Hot or Cold Water, salt Water
aW Price, sad .Cher btewmaUasi (Teas, y
WdSl C. BREWER A Co..
TO WOOL CROWER8.
rfm I VIIIIIMI.Vtl) OYTIVI : TO) II I
Wools at good pnrea. Wools oasln. to market thai
spring parocalarly leslred to mate freatkt,
C. BREWER A CO
HIDES, SKINS, TALLOW.
Tm IMJSRSK. V 111 alvmi, TS PAT
id TaU mMtt"t Pic fur Urj Hates Usas Hues.
,m C. BREW KB A CO.
Colored Corals aod Sheik
I"" ' OX SALE THE ALA
of the Fine sh-lls, colored Corals, aad Coral awsraj
brought from Ma ata la the "Morning tar." ta
anest good, m tads an arse saaa awra. Tneve are ass s
few or each, sad tbos wa was, to sears the asst wtu
ynmmm: VViy esriy.
erf
W probably aotartogaay aajv.
carton far sals, this will a n lXj iika.ii
H. M. WHlTHJ.'f-
n

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