Newspaper Page Text
i !. -
r At m
rz r m
bARUE AMI WliLL ASSORTED STOCK (IF
Just Received ex SV.anposa
And Now Opened For Inspection at
104 FORT STREET.
N. B.'Store Open till 8 P. BL During the Holidays.
r - gBraa&jft ;
l J mi. .
iaamamKSGS?!''!'" " '
- "-, J
UawawsmL.1 zxbv t iy r:L3 . j' s ? !v
pctoiy of t&e American,
In Every Way.
If you Want the "Wortli
I Will Give it to
ssssHssw fff&lJl ffHnsKl8Ri;jsfSBu itir iv
KsRJSW I . I
SO AS TO PLACE THEM
Within the reach of everybody
Simplest Time-Keeper to the JB'inest
Finished Adjusted Watch.
I Warrant theni ail Perfect
A WALTHAM WATCH,
HuMUBMr. Octolcr 3Utli. 1BS3.
Uncle Sam, Medallion, Bichmond, Tip Top, Falacc, Flora, May, , Contest, Grand lnze.
New KiTal. Optr, Dertiy, Wren. Dollv. (iyiwy, yaw a, l'ansey, & Arniy Charter, Buck,
Superior, Mncnet, Osceola, Almods Eclip, Charter Oak, himblc, Inwood and Ijaundry StoTes,
OalTanized Iron and Copper Boiler, tor ltangee. Granite Iron V are, Iwckcl I laled and Flain ;
Galvanized 'Iron "Water Pipe, all sizes, and laid on at
Lowest Rates; Cast Iron and Lead Soil Pipe,
House Furnishing Goods, all kinds;
SIZES AND UUADES;
Lilt and Force Pomps. Cistern Tump. Gahanized Iron. Sheet Copper, Shoet Iadt :
Lead 1'ipe, Tin l'late, Water Closets, Marble Slabs and Bowls, Enameled Wash Stands,
0" f -
Chandeliers, Lamps, Lantei'ns
J. EWMELUTII & OO.,
No. 5 NUUANU STREET, HONOLULU,
Agents for the 'Superior' Stove
' " aSM3!
STOVES ADD RAHPJTcS
Alo. liTcrj Description
SHEET METAL WARF nH.Hn
sKMlit WV ' Hi
ssSl 1 ,S&rSSS5!4?liiSB, ETI.,CQ'.,T1UUTED FOIL
Wo want tb'
TELEPHONE Wo- 211-
e Public to under
hand that tho
oa Feed Company,
J toady sudWllJIss lo Tarnish all 0xc
HAY, OATS, BARLEY, BRAN, So.. &c
XT THE LOWEST RATES.
iranl to nuVctpoo for Large
Block on ,'it war.
Sole In tuts? Islsnds for tho
ALL SIZES IS STOCK.
CIRCUURS MO PRICES Oil APPLICATION
Take Notice !!!
AlATATS UX ItAXD.
Axx Fob Salt,
Both Native & California
GOOD FAMILY HORSES
Goaraatccd 1 Bi)r STABLES, Corner or l'unchliuxl
and Vjiccn otrcctt, Ilouolala.
tsnf Capt, John C. Clunoy.
III. JjTSE OP 1'AMU.T
and Pmtrrnl poojs, each as Mrata
and rrultf. , t"r Salary -,
OFFER FOR SALE
INVOICES OF NEW GOODS
JCST HECEIVED 1EU
BARK "C. R. BISHOP," ND
STEAMER " EHRENFELS."
Con;lttlc; In part of 15 follows :
A targe Asst. of Dry Goods,
Denims, ISrown and 'Whito Cottons,
Drills, Tickinss, Turkey Kcd, ftc,
Merinos, black and colored, 4 qualities
liepps. CoboniKS, Alpacas, Italian Cloth, and
Kancr l'rlnlo, ctt, Sljlcs,
l'rinted Satteens, l'ompadonrs, l'laids.
Ginghams, Victoria Lawns, Satin Stripes,
FancT Stnnod Grenadines,
Vliite Silk Japanese, Twills, Sergei
l'oplins, Satin and Moire,
Black and Colored Velrets,
Mack, Grosjrrain, Fancy, Colored and Striped
Barege, Crepe, Ac,
Bnckskins, Diagonals, Tweeds, Cords,
Serges, Silesias, Doeskins, Cassimeres, Ac.
A Splendid Asst. of Shirts,
(Woolen, Mixed, Calico, Hickory, Denim, ic)
Merino and Cotton Undershirts,
Whito Bosom Shirts, Ac
Socks and Stockings, Handkerchiefs,
A L.VlttJE INVOICE OF CLOTHING
At the Old Stand, No. 8 Kaalmmanu Street,
TIN, COFFER & SHEET 1R01 WORKER
PLUMBING, in all its branches;
Artesian "Well Pipe, all sizes;,
Fine Black Cloth Frock Coats and l'anls,
Backskin Sacks, 1'ants and Sni J,
Felt, Mohair, Drill, Flannel Suks and I'ants,
Boys' Shirts and Children's Jackets,
-Monkey ana oauoriiacKcis.
1. 11, Coats and Leggings, Carpet Slippers,
Silk and I. C. Umbrellas and Parasols,
Fancy and Trawling Shawls,
Cotton and Turkish Towels,
White and Fancy Quilts,
Felt Bugs and Brussels Carpeting,
BL A PS K KTS :
Horse Blankets. Whito and Fancy Blankets,
Fancy Striped Woolen, two sizes.
Scarlet, Orange, Whito Woolen, "and 4 luints,
Ihrcadft, Tape, Elastic Scarfs, ic.
Silk and Velvet llibhons,
Buttons for Shirts, Coals, I'ants, Dresses,
PEItFUMERY, FLORIDA WATER,
Genuine Eau do Cologne, Lubin's Extracts,
Toilet Soaps, Philocome, Hair Oil, Combs,
Mirrors, Looking Glasses, 1'ipos,
I. It. Balls, Harmonicas, Blank llooks,
Albums, Gold Leaf, Jewelry, Watches,
Extension. Arm, Dining Boom and Parlor
Chairs, Settees, Ac,
Saddles, Calfskins, Girths, Stirrup Leathers,
URATES OF ASSORTED CROCKERY,
Containing I'latts, Cups, Teapots, Bowls,
Chambers, Bice Dishes and Bakers,
Demijohns. 3 and 5 galls ; Sample Bottles,
Vases and Glassware Manila and Tarred Kope,
Hemp and I. It. Backing, Coal Baskets,
cfc 3Etico Bass
Of all sizes and qualities,
Coal Bags, Gunnies, Twine, Burlaps
Woolpack and Twilled Sacking, Linen Uosc,
Sardines, in half and quarter boxes,
n. ana 1'. mscuiis, halt in jars,
Castor Oil in Tins. Stcarine Candles. 4. 5 and C.
Matches, Cocoaniit Oil, Wash Woe,
Hubbnck's Linseed Taint Oil, H While Lead,
Whito Zinc Paint.
Do Laago fils and Boutellcau Brandy, and
Bum, Gin, St. Paul Beer, Ale and Porter,
Port Wine Sherry, Bhiuo Wine,
Fine and Table Claretp, Champagns,
G. H. Mumm & Co., Sparkling 31ock,
Dry Hcidscick, Monopole, Ch. Farre,
Moselle, Ac, Ac.
German and Havan a Cigars
Plated Ware Spoons, Forks, Cruets, Tea Sets,
Pocket and Iiutcner Knives, Scissors,
Sheep Shears, Needles, Spoons, Files,
Spurs. Galvanized Basins, Hoop Iron,
Kec ltivets, Hammers,
Yellow Metal and Composition Nails,
Babbitt Metal, Sugar Coolers.
Iron Tanks, Clariricrs Ac Also,
Fire Clay, Blacksmith Coal. Firo Bricks.
Tiles, Empty Barrels, Oak Boats, Ac, Ac, Ac
Orders from luc other It lands carefully
attended to by
WILDER fc CO,
Importers and Scalers in
BUILDING MATERIALS !
or AI.l, lil.MIV
URGEAND WELL-SELECTED CARGOES
ALL 71W USUAL SIOCK SIZES
TlJaBKR. PLAMK, B0AHDS,
FEWCIKG AMD PICBiTB
viso, orv hivd.
A Most Complete Stock of
A FINE ASS0RTMEHT.0F JfftU PAPBI
BUTTS, HIMOES, -
BOLTS. SCBEWS. Etc
ScariUiu; Plank, surface and rongh
lioarde, surfaced and rough; Battens,
Tickets, Rustic, Lattice, Clapboard.
Pant and Whitewash Brushes
it ii in: i.i:aii,
Tar and Pitch.
DOORS SASH BLINDS
Of Eastern and California Make.
FOR SALE IN QUANTITIES TO SCIT
SWEDISH TAB.. BOBTH CABOLISA
PITCH, TAB OJIrt jjaAita. laawiun,
YKOLXSA TAB. For Sale br
WEDNESDAY, FEBRUARY C. 1881.
Onr New York Letter-COMMERCIAL.
A BOOM AND ITS COXSEQUEXCES.
Xew Tokk. 1881.
Tho year 1883 closed witli an nnbroEen
rmvml n( ilplinn in nnccs of iMuuntr
plofood prodncis and leading articles of
mercnanaizc. uu jjvxiuu ui iiinuuauuu
whicli began early in 1882 lias continued
lor twenty months. Tho topic of tho hour
among business men now is, wneuier wo
have reached the bottom. Tho causes of
enforced economy in production duo to
restricted purchases on all hands, havo
been too frequently outlined torequiro
elaborato explanation. Tho latter half of
1879 had witnessed several seasons of good
crops at homo and correspondingly snort
harvests in Europe. Tho United States
had been selling abroad freely of its surplus
produce and this, in connection with
tho six preceding years of moderate purchases
bv consumers had brouuht tho
country as a whole to a degree of
which showed itself in rapidly
increasing demands for almost every article
of commerce, and, by tho aid of the
still remaining high protectivo war tariff
on imported products, stimulated our na
tivo industries in a marked degree. The
country had outrun itself, somewhat, in
r ramie id
to 1879 it had paid tho penalty and aided
by favoring weather and fertile soil had
lam mo lounoauons lor anouier spurt.
This becan in tho mid-summer and fall of
1879. Of tho enormous increase in industrial
producing capacity from 1880 to 18S2
it is unnecessary to speak at length. Tho
great railway building era is comprised in
that period and steel rail mills wero constructed
which enabled the railway kings
to lay from 7,000 to 12,000 miles of rails
per annum. All other industries to a considerable
extent kept paco with this, and
in two or three years greatly exceeded tho
home requirements. Railway buildinghad
fallen far behind its own records, cotton
and woollen mills had increased their an
nual output until tho goods remained in
tho warehouses in sufficient quantity to
warn tlio proprietors that lor Uio umo being
tho public wero stocked. To complicate
this, there came tho now cotton mills
at tho south whero tho raw material was
to be obtained without paying tho freight
which entered perforce into tho accounts
of tho New England mills. In this way
competition injured tho business and prospects
of tho northern and eastern mills
employed on tho class of fabrics undertaken
at the south. Failures wero not unknown
as a result, and tho several mammoth
cotton goods auction sales taking
placo at Now York during tho year just
past constituted the means taken to turn
surplus, and not readily saleablo stocks
into cash. Tho blanket sales during tho
same season and of kindred proportions
tells of tho pinch which camo to tho wool
len industry. In raw iron thero was an
enforced stoppago ol about
furnaces between January 1st, 1883, and
January 1st, 188-JL Prices had declined
during the year from 525.50 to 20, and
many of tho less efficient stocks found it
impossible to uo business x'rontably. somo
few steel rail mills havo shutdown or
practically so. One, at Jolict, 111., and tho
Vulcan at St. Louis. 'While tho latter
may not havo actually banked its fires it
is known to bo turning orders at market
rates, over to other mills.
Rut since tho first of tho year thero has
been sufficient modification of some of the
vital elements in tho trado situation to at
least warrant the inquiry whether a change
lor tho better has not linaiiy begun, it
appears to rest mainly on a slight gain in
the pig iron, and a still greater improvement
in tho steel rail situation. Tho tra
dition that tho iron trado is a gauge to the
general business situation, and tho record
of that industry apparently justifies the
relation between it and commerce in most
leading lines. Iron is generally first to
feel an approaching decline, and likewise
in tho field with symptoms of
something better. At present, reports from
most of the western pic iron producing
centers menuon a somewiiai. uicruaseu inquiry
and a noticably improved feeling
among producers and dealers. At somo
points prices are quoted fairer, and at all
fewer concessions m prices can bo obtained
on cash orders. It is especially notoworthy
that some moderately larco contracts for
delivery, month by month during tho
year, havo been contracted in New York
at 20 per ton. This is significant as
indicating tho existence even tho growth
01 mo opinion, inai uouom prices iu
iron havo been reached, and that no
better bargains aro to bo gained by waiting.
Once let this oninionnrevail
out tho trade, and tho turn will havo been
made. Demand will increase and prices
advance. Production: is now about equal
to tho hand-to-mouth species of consumption
which has been current so long. Steel
rails havo been quoted at 535 per ton since
last fall. Sales havo been mado at lower
figures, in a few instances: Xow 35 is
moro firmly asked. Ono small salo has
been mado at 37. This however, is hardly
to bo taken as a warrant to higher prices
nOW THE MAttKET WAS STRENGTHENED.
At tho risk of bom:? Eomowhat nersonal
I may as well relate to you how this fact
was useu during tuo weeu in marKct manipulation.
From unquestioned authority
in the steel rail producing trade I learned
of tho salo on Friday last (January 11th)
and mentioned tho small salo of rails at
.37 in the market report of a leading "Now
York commercial and financial weekly
journal, adding as well that it was an ex
ceptional transaction ami ot smaii voiumu.
Said iron trado report was telegraphed in
advance of publication here, to tho Philadelphia
1'rets and published in that journal
simultaneously with its public appear-in
New York. Tho trado in the quiet old
Quaker town were evidently interested by
the statement and it was retplegraphcd to
Now York, (on Saturday, day beforo yest
erday) to tho StocK Jiicnangc. Tiiero it
appeared in tho shapo of "a Philadelphia
dispatch stating that steel rails had advanced
to 37, a gain of 2 per ton. This,
and "rumors" of a moro satisfactory
solution of tho north-western railway pool
troubles than had been expected, was considered
probable "strengthened tho market"
in the afternoon. At least tho Now
York Eteningl'oti said so. -"JAY
A SMALLER VOLUME OF TRADE.
Tim volume of General trade i. (. tho
distribution of merchandise is smaller
than in a like period in lbSjI. , lailvvay
earnings ot tne roaus cemenug at
and at Chicago distinctly show this.
The severo cold weather sinco the open
ing of the year, has decreased catUo Tinp
ments, and tho heavy fall of snow
railway transportation in various
portions of tho east and west. Tho sudden
change in tomperaturo during tho
week melted tho snow fast and tho Ohio
and other rivers tributary thereto havo
risen so high as to interfero with naviga
tion and cause damago from overflow; Cut
this will not account for all tho decrease
in tho movement of goods noted.
Tho sensation in commercial circles has
been tho perverso declino in wheat.' Two
houses failed yesterday owing to tho persistent
declino in tho prico of that grain
when it should, if foreign food bnvers
would only send over their orders for it
materially advance. Saturday wheat
2J cents per bushel to about l;0l
and two cents moro again this morning.
On December 15th. it stood at about ?1.13, .
Tno aggregate ot siocks oi wneai in tno
United States tho so-called visiblo supply
is over 35,000,000 bushels, larger than over
l.Ar..w Vrn l.o'rci lwiT, tnnl.iT1r tills (.im
ply in the expectation that by January 1st
the United Kingdom would havo eaten
pretty well into what sho had on hand
three months ago and would want moro.
The Russian ports being closed at this
time, and tho Indian shipment being interrupted,
it was calculated that the heavy
supplies in the United States would bo
wanted abroad, and at our own prices.
But British stocks are larger than they
were three months ago. That tells the
In Congress there is much tariff talk
and little present prospect of much being
done in the way of reducing the excessive
revenue by cutting uown rates ot import
duties. Tho protectionist element of the
rlnmorrnev niroears to be strong enonsrh.
if voting with the republicans to block any
action which the Carlislo or revenue reform
democrats may attempt,
Terry Belmont, second instead of first
best man on the Committee on Foreign
Affaire, was pointed ont to me from tho
gallery of the House of Representatives
the other day. 1 wish ha could go ont to
Honolulu so that you might all take ono
looE at uio littio toy wno stirred up so
much commotion out your way with allegations
as to sugar frauds. With him, it
is a clear caso of doing business on his
father's reputation. Ho is tho most overrated
young man who has had an opportunity
to fillso largo of tho public
oye,so young in life.
Now York has been verv pnv of late.
Tho grand annual charity ball was given
at tno now metropolitan upera Mouse, and
was much tho samo success that its predecessors
havo been. Tho representatives
of New York's best society were nearly all
tnero ana tne anair went Btitlly and properly
and formally and luxuriously on from
about eleven in the "evening" until a good
deal later. "Ym.H. Yanderbilt, the old
gentleman, gave tho swell entertainment,
for tho houso of Yanderbilt, this year.
v imam Has at last been swallowed, so-to-
?eak, by tho class of "real select" New
ork society who once scouted at tho idea
of receiving or being received by tho
"Many Millioniaro of railroad fame." He
is too recently from tho walks of trade, or
commerce, or both, in tho caso of tho
"real select"' referred to, it is only fathers
or grandfathers who havo worked for
them. Tho gilded pill, or "Bill" as you
chooso, was however too tempting not to
bo swallowed, and so as stated above, at
"William's "party" they all went, danced,
ato and doubtless had a good time, but
found fault with it the next morning
(noon?) for the want of taste in this, that
and tho other direction. The generally
accepted opinion as to tho cost of tho Yan
derbilt ball is 100,000. From this you
may readily infer that 50,000 would bo
nearer tho exact sum.
Charles Delmonico, tho last of tho series
of "original" Delmonicos, who have for
years conducted tho world ronowned res
taurants in this city which bear that name,
has been notoriously of deranged mind
for many months. It was tho mistaken
kindness of his friends and rolatives,that
ho was not placed in chargo of somo insti
tution wnere uioy attempt systematically
to euro such diseases. His where
abouts have been unknown for over a week
and tho police of threo cities in this vicinity
as well as tho ablest detectives havo
been on tho alert for him night and day
without avail. Tho belief gains ground
that ho has committed suicide and that
his body may or may not bo found in somo
of tho canals, rivers or other bodies of
Tho daily papers havo published likenesses
of tho man and much space is given
over to discussing tho mysterious disap
pearance of ono of a noted and very popular
family. Hr. Delmonico is, (or was)
worth considerably in excess o f 1,000,000.
Kidnapping has been suggested, but is
not received as probable.
Bill of exceptions from
A. U. bTEVXSS.
Snprcmo Court of tho Hawaiian Islands
The Kiso vs. Mauukalulv.
JmU, C. J., McCuUy and Austin, J. J. Opinion
of tide Court ly McCully, J.
the third Judicial
Tlio defendent was convicted on an indictment
charging forging1 and uttering an instru
ment of winch tuo lollowing is copy.
;0.00. UoxohdH. Kept. II, HSJ
nl Mr. Iljmaa V
Xo. 131 Vnc Geo. Willjon.
Tho words iu italics form tbe printed blank
wliicli is filled. Tlio testimony shows that
tic name intended to be tho signature was
Geo. Willfong. Tbo nolo was offered bj the
defendant to tho proprietors of a Chinese storo
who cashed it.
The defendant's first exception is based on
the provision in tho chapter on forgery.
Code, Chap. XXX, Sec. 7 "Provided
however, that it is essential to constitute forgery,
that tbo falso instrument should carry
on lis race tho scmulanco or that lor which it
was counterfeited ami it bIiouIJ not be obviously
invalid, void and of no effect."
In tho King vs. Ifeloliilii, heard on exceptions
at tho last July Term, the Court considered
a case precisely parallel to this, and
tho reasoning and authorities there employed
need not be repeated here.
Tlio line discriminating between such lalse
instruments as do not bear tbo scmblanco of
that of which tlier aro counterfeits and tboso
which do bear it, must bo determined by tho
complexion of each caso as it arises, and it is
not likely to exclude from the class of forgeries,
papers which arc intended for forgeries
and which have been successfully uttered.
Tho next exception is to tho admission of
evidenco of the defendanta having another
draft for $100. about a week before his arrest
and Ilia statements concerning it. This was
offered to show guilty knowledge and to rebut
the presumption- of innocence through ignorance.
This is established doctrine in .cases
of forzerv and counterfeiting. See Groorilears
Evidence, Vol. 3, Sees, ill and ill A, wnere
many authorities are cited, also 115 Mass. ISI
Com. v. Coe.
Tho third exception, to the question what
prisoner did with tho said 5100. note comes
under tho ruling on tho foregoing exception.
And finally we do not find that tho verdict
was against tho weight of cridenco.
Tho exceptions are overruled.
Attorney-General Xeumann; W. O. Jones for
Honolulu, Jan. 28, 1631.
Snprcmo Court of the Hawaiian Islands
January Term. 1881 In Banco.
John Kobello vs. Yfosa Qoimi.
Jmld C. J,, McCuiJtf iiiff Aitttiii J, J., Opinion tif
the Cowl lr Jiiti't C. J.
This is an appeal by tlio defendant to tho
Supreme Court in Banco, on a point of law,
from a judgment in tbo Police Court of Honolulu.
Tlio action purports to bo brought in pursuance
of the Statuto entitled '0f summary proceedings
to recover possession of land in certain
cases." Civil Code, Art. 40, and amendment
Tlicro is in evidence a uiortgago upon certain
premises oc Liliha street, in Honolulu, dated
20th July, 1881, executed by Nautana, (w.)
and David Kanao her husband, to ono Maria
I.ovrey, securing tho payment of $500 and
interest, in two years from date.
Also a leaso of tho samo premises from the
said mortgagors to Wong Quing, (defendant)
Hated March 20th. 1882, for ten Tears from
dato, at tho annual rental of $65, by which the
lessee covenants to pay ins rem ai jiir. i. u.
Castle's office nntil tbo mortgago is paid, Tho
inference would bo that Mr. Castlo represented.
tho mortgagee. Tlicro is also tbo following-
covenant: "This lease is mado subject to tho
aforesaid mortgage, ami if tho land should bo
sold upon foreclosure of tho mortgage, then
this leaso can bo annulled."
Thero is in evidence further, a deed dated
21th Sept., 1883, from F. C. Lowrey,
himself as heir of Maria Lowrey the mortgagor
first mentioned, to John Robollo, (plaintiff)
conveying to him upon foreclosure all the
interest which ho possessed by the mortgage.
The defendant urges that there is no relation
of landlord and tenant existing between
him and tho plaintiff and that therefore tho
statutory proceeding to disposess a tenant does
not apply- Ue claims that if the plaintiff as
the mortgagor's assignee adopts tho lease, then
lie is bound by it and as tho lease has not expired
tho defendant is entitled to judgment.
And if the plaintiff claims the lease to be void
as being- subsequent to tho mortgage, then
thero is no relation or tenancy between tho
parties and tho defendant is a trespasser.
This Court held in Kaaihde vs. Crabbe, 3
Ilawn. K.77G, that the statute we are now
considering applies "only where the relation
of landlord and tenant confessedly exists."
This was affirmed in Ceney vs. Mancle -1
llawc. B. 151.
In Tavlor's Landlord and Tenant, Sec. 720,
tho author says, in discussiug a similar statute
in New York State: "This statnte applies to
cases where tho conventional relation of land
lord and tenant subsists and not wnere it is
created by operation of law. Therefore a
mnriraror cannot bo turned out of tiossession
of tbo mortgaged premises under this statute."
In Evcrston vs. Sutton, S Wend., 281, Sav-ago
C. J. says: "This statuto is applicable
between landlord and tenant only. No soch
relation existed between J. andT., tbt whole
proceedings thcrcforo from beginning to end,
bare been without jurisdiction and void.
"Tbe statute was clearly designed to afford
a speedy remedy where the conventional relation
of landlord and tenant existed and not
where that relation is created by operation of
law. Tbe legislature nevsr intended that the
mortgagee should have a right to proceed
this statute to obtain possession of the
mortgaged premises after forfeiture."
This is undoubtedly good law. But tho relation
of landlord and tenant in the matter
before us is cot created by operation of law,
as in the case of a mortgagor and mortgagee.
It is created by the lease itself and the lessee
is estopped to deny this. Tne tenant agreed
in his lease that it should bo forfeited if the
premises were sold under foreclosure of the
Oar statute, as amended, differs from thatof
ew ; Xort in that U comers jurisdiction upon
tho court when the tenant is holdin;; over
"without right after the determination of men
tenancy cither by efflnx of time or by reason
of any forfeiture under the conditions or
in any such lease."
It seems to na thai, if it betrue as conceded
in argument that the grantee of a lessor can
bring summary proceedings under the statute
to dispossess a tenant who persists in remaining
on the land after tho determination of the
tenancy, for any statutory cause, there is no
reason why tho grantee of a mortgagee, succeeding;
to all tho rights of the mortgagor, who
was also grantor and lessor, cannot do tho
Tho method of transferring the estate from
the lessor to the defendant is only a little more
circuitous than a direct sale from lessor to defendant.
It was a condition in the lease that
it should be annulled if tho premises were sold
nnder foreclosure. The defondant lessee entered
the premises by virtue, of this leaso and
covenanted to pay the rent to tho mortgagee
and lie cannot now say that it is void and that
he is a trespasser. The assignee cf the title
now claims that tho lease is void by reason of
tne Happening ot an event which was contemplated
both by the lessor and the defendant,
and we think tho plaintiff, is, on these facts,
entitled to judgment for the possession of the
Tho defendant's attorney called the Court's
attention to the fact that the summons does
not allege a tenancy between the parties. An
omission of this character was held in Coney
vs. Maucle (supra) to be fatal. Bat in that
caso the motion to dismiss tho summons on
this ground was made in the District Court.
In the caso boforo its the motion was not only
not made in tbo lower Conrt so that the defendant
could cure the defect by amendment,
but tho caso was proceeded with as if tbo allegation
of tenancy had been in the summons.
The proofs all conformed to such a case. We
think it is too late to dismiss tho caso on such
grounds on appeal, and allow the plaintiff to
amend his summons in this respect, and he
may then have judgment.
0. Brown for plaintiff; E. l'rcston for defendant.
Ilonolulu, January, 1SS1.
TIN. II. MIS i CO,
OFFER FOR SALE
From the Cargoes !
Other recent Vessels
DRY GOODS AND CLOTHING
Prints of latest styles, fast colors ;
IIIuo Denims, Whito Crodon Sheeting
I torrock'a Long C!oths,Brown Linen Drills
Waterproof Twocds, Towels & Towclings,
Glass Towels, Tablo Cloths, do. Napkins,
Puro Linens, Shiwls, Grenadines,
DRESS GOODS, WHITE & COLORD SILKS
Colored Satin, Grass Cloths,
Artificial Flowers and Feathers,
Cotton Handkerchiefs, Silk Handkerchiefs,
Woolen Tablo Corns, CoM Satteens & Crapet
Fancv. Mixture, llluo and Gray Flannels,
Victoria Lawns, JJrooks' Spoof Cotton,
Laeo Curtains, blue and white;
Check Lislsdd", Fancj Dress Goods,
Fancy l'laids, ltccatfci Shirts, Wool Shirts,
White and Colored Cotton Shirts,
1'ilot Itccfcrs, India ltubbcr Coats, Capes and
Men's White, Brown and Colored Halt Hose,
Lames' llose. Men's ueauy alaue doming,
Men's Hats, Blue, and Gray Horso Blankets,
Woolen Blankets, all colors, sizes & weights;
Velvet Carpets, Velvet Hugs, Velvet
and Tapestry Door 3Iats,
A Full Assortment of Gents', Ladies,' Girls'
and Boys' Saddle.
A few JOCKEY SADDLES.
Bridles, Saddle Cloths, Chamois Sktus,
Sugar IUUS, 20x36; Coal BAUS,
Filter Press Bags,
b'omcthiiigXcw and in (Jrc.it Demand
A PCW OXI.T ItKMAIMMJ.
ea- These, BAGS are made to Fit Otto's Presses, and
ate of tbe rlzht Size and proper texture.
RICE BAGS AND TWINE,
In , 7, 8, .t 9 It. lengths, (31 snaje), Screws Washer
Annealed Fence Wire, Nos. 1, C, C, 7, and Staples,
Galr Iron Backets, all sizes;
Oalv Wash Basins, Oalr Garden UorderinRS
Tinned Iron Saucepans, all sizes;
Tea Kettles, Ileal Japan Bladtws,
PAYING imiCKS,GAl.I)EN TILES
Garden Hollers, Lawn Seats and Chairs,
i. Iron ocrancr.
Hat Hooks and Bnils, LAWN TENNIS SETS,
Clothes Baskets, Hand Baskets, Work Baskets
Crockery and Glassware,
Fancy Glass Flower Stands, Fern Baskets, etc.
PORTLAND CEMENT & FIRE BRICKS
Fire Clay, Whiting, Chalk, Yellow Ochre,
Liverpool and Itoek Salt,
ZINCS, PAINTS AND BOILED OILS
Worcester Sauce and Groceries,
English, American & Hawaiian Flags
3, 5, and 7 yards lengths.
TOPSAIL SHEET CHAINS
Admiralty Test-sizes: ,' , K. H and 7-10;
Powell Dnffryn Steam Coal
STATIONEUY, IISON BEDSTEADS,
ENGLISH LEATHEK BELTING, 3 to 12;
STEEL H A.ILS,
lift. Lengths; 1HV. and I81b. perTanl.
Fish Plates, Bolts and Nuts,
RAILROAD Hl'IIiEH TO HATCH
ONE SCS. HORSE-POWER,
&cl &c. &c.
THEO. II. DAV1ES A CO
Hotel Street Market.
TIIK ITNTJKIWIOKKD WOaTXJl
most notify the pnolle that he bit
boajht ont Mr. Fjf e's interest In the abote Marhtid
that he is prrpixrd to famish the Best
That the Market Affords,
m" CEO. CRAY.
Teas, Teas, Teas.
AKITLI, ASSORTMENT OP
and China Teas, Japan Cncolored
ne article, In small packs tea, for families.
sr&. For fitJe bT
m mius cs.
CALL AHD SEE THE NEWGOODS
1S AT 2
C. J. FISHEL'S
f.fiVf.VW OPENING i
- r rr
ON MONDAY, DEC. 3d, 1883.
New Goods by Late Arrivals
FROM SAIT FRANCISCO,
NEW YORK & ENGLAND,
Received by Castle & Cooke
ALSO, TO ARRIVE BY VESSELS DUE FROM ABOVE PORTS, AND
To is k goiJ AT IiO WEST 11ATUS
Suitable for Plantations, Country Stores
Or FAMILIES. Orders Filled at Sliorte.it Notice and with Satis-.
faction to 1'iircliasers. Attention is Called to Our
Improved !Paris PLO "W"
THE OSLY OESL1XE 1'AItIS PLOW. MADE OF I'OLISUEO CAST STEEL, sod UunnKtd
Erioal.ir not Ucllcr, than any Mrcl Urmklna; Plow in ihf Jlirttt. AIHotBrmaiMfor
riows oa Hand or Mollnc Plow Co.. John Dnrr A Co., c. (Jans' Plows,
Horse Hoes Planet Jr. CaiicKnlTc. made orbeststcel loonrorder; PUntera'llocf.o.l ;nd ! sth
Snths, Axe and Pick Mattocks, Pick, Hoc. Adae. O-o, Alt and other handles; Uaktirfn VrI Unil7.
Leather Eeltln", 3 twli Inch, best quality , India llnbber l!o.e, 4, ',(, 1, !!(. !X i 3 Inch Ox YsiM
Ox Hows. Axles, for horse and mole earts : Purtabto Forges. Kagl Anslla, Canal Batrowg,' v".
Soatistone and Asbestoa Steam Packlne, Ileal Flat India Itnbber Steam Packing to !- Inch
Ilabbct Metal, Lace Leather and Laclnas, India lubber Steam Packlne, nrand and
Asbestos Boiler Coterlnfaad Steam Pipe do.. Machinery Oils : lard, castor and cylinder; Seats Foot Ou.
DISSTON'S CELEBRATED SAWS AND TILES, ALiSKJESj
Spear Jb Jackson's and StnbVfl Files, Hammers for Carpenters, Machinists. IUacksmllbs J,
Cut and Wrought Sails, ail aires: Horse and Male Shoe Sails, Oalr Sails, Cat Spik-s. HoraJ
Latest Improvements in Shelf Hardware
HnbbucL's B L Oil, at Viry Low llalcs, Hnbbuck's White and Ital Leads. Zinc. Small Talntf In Otl
STAPLE X ttTS" O O ID S
A C A, C and D Ulcacuetl and Lnbteachcd
Dculrna, Banl9oz; iHllliPj..v, vau Cotton, IIimU Diiper,
l.rrtwn and UIcacLcd Drills. Linen Sheet! n.
A Fine Assortment of Whito Flanelt AIbo,
S. M. CARTER AND COWFY
ei Kins ! Honolulu, 11 I , Itilail Ileal
Firewood Coal and Feed.
rwnnl,l nntiretlir tiubllcandbuni'ekteui.rs in par-
llcnUr, lhattelceii on hand anil for sale In
to snlt purchasers and at lowest rates Knel as
follows: liani ami mi ww. ,, .i,. --
C harcoal. N.S.W, Jieweaetle Coals, Scotch Coals,
and the Ceiebnted Wellington Mine
Departure Hay Coals: also.
UlacksniithK' Coal ,
The aboto can be ordered by telephone or otherwise
and Immediate delivery inaranleed.
GIVE US A CALL!
Telephone No. 305.
WE ALSO KEEP iy UttUCK
ttevsr sixxel Oats,
California and New Zealand ;
Corn, Whole am' Groaned J Bran,
Barley, Whole and (irujul; Wheat,
Middlings, and other Fed.
J3T" Order tho aboro through
XELEl'UONK NO. 306,
and wo warrant nnick dellrern, and fill weight,
Orders from the other Islands suiieiteu.
FREE DELIVER Y
to all parts of the city. Itemttnber
82 Klnc Strcot, nnd Telephone) No. 181-
S.M. CARTER & Co.,
1IAV1M1 HOl'Cllir Tllfc
LEGAL TENDER QUARRY
Alti: l'ltl'.rAUL'U to
BALLAST for SHIPS
BEAGH AND BLACK SAND
Alwijs on band to all order, at short notlc. and
ItEIIEJIIiKR Till: XUJIIIKR!
8 S ST33."E)33T.
Tl 305.- n
THE HAWAII At. ISLANDS
City Directory of IIOPLULU
100 TAGES, OVEK yse TOW.
L. M. McKENlTEY & Co.,
rCDLISIIERS, S9 St.
Montzomerj Street, ; San FtiBctsco.
fift m Tot IIawsIUs Xftbisdj
Fowler's Patent Tramway,
18 pound Biiti. II jMHiDdUailf,
WituPatent gteel Sleepers
Wilt be sold to clow coiul;raineBt.
639n i BftEWEB b CO
JSTraaaa&a jf' - S
a 's'irZSg? ft-"" T'--
jioftqmio i-ae uiae ma Swrtei riannrl.
STAPLE GROCERIES, Golden Gate, Star & Superfine Flou
Columbia IUrer Salmon, Bujo Dean.. Also, California Lime. Portland and Hydvanrlc Cement.
For Kerosene Oil "We Offer THE PALACE, and Guarantee
it cannot toe beat for quality or price; also, THE
VTJXCAN, a good oil and above testt
WOODWARD & BROWN'S CELEBRATED PIANOS
The Cheapest (iootl l'ianu; Sew Haven Organ Co.'s Parlor Organs.
s. x. CJCTsn.
a r t,niiiA3f.
mura ixspkctiox arrih, -
Following Goods Just Received
KX L.VTC ARRIVAIlt
Black French Merinos.
Ladle' and Gent's Umbrellas,
Linen Hheetlnz. Fine Silts.
Ladles1 and Gent's llastorv.
ErabroMertd Cloth TaWe Ceeri.
Ladies' & Gent's Underwear,
Woolen St Cotton Shirts,
L.AIIUK AVtOKTHEXT Orj
White Linen Shirts and Collars,
Wool Drea. Goofla.
LadleV Uats. trlunted and untr!
Edgings and Insertions,
A FIXE LOT or
New Designed Prints,
And a Gtert Variety of both
English and American Goods
roirr street, above kiso.
New Goods of Various Descriptions
Chinese and Japanese Ware!
ALSO, LATEST STYLE or
EUROPEAN NOVELTIES IN JEWELRY I
I HE SETS OF TIGER VLAWS
Silk Handkerchiefs (hemstitched),
All eolerl and aaaHUet.
A FIXE ASSORTMENT OF
Japanese Lacquered Ware
Also, Xo. 1 Kite For Sale.
lo the Proprietors of Suear MiHs.
8 AOKNT I'Oll nilST CX88
. AlITISASS, tkr nnderslned la prepared t Con-it
for balMlng I'erfarated 11 Air farmers fwKA
tt disoatflll .A.t11n In Ik. i(hIm. , kat.r
celebrated Chemical rrofessot i'rnner. foraerlr
of f'heiaeitry ' the Andrrsoatan Cni'TrAf.
Glaaaow. all partlea from any
laaaxInarT rent InrrtBiemeota or Itoyaltle which
impair the solMliy of tbe work and diminish u
obtained from bnrninz tho mrxisa direct from
the roUrrx, eaTectlBf paramount objecu, rt . Sartrtz f
'nrl. lador. drying sheds, tramways, warana, etc.
w B. IHKLIT. HI Ijws gtreet.
ICE C!T? TTj f TVTT
I- A. 1IA11T HAS JCST
tarned fian San Francisco, and has opened a
Cream Saloon !
is cosaEcnos wrrit .
TUB ASTOK novnr. Messrs. Hart Bt. in,
combined establishments are now tie finest la Ue
OH . ,
Covering Boilers, Steal fifes
Savos 25 porCont. of
REDUCED TO $7,50 ML.
THEO. H. DAVIES Co,,
G. C. STRATEMEYER,
SI6N WRITER & SUK IXmtU