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The Hawaiian gazette. (Honolulu [Oahu, Hawaii]) 1865-1918, January 05, 1892, Image 4

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iiAvVAilAK UAZE1TE, i Et-DAY. JANUARY 5, 1892
ON WEDNESDAY, January 27th, 1892,
at 12 o'clock loop, at the frout entrance of
Aliiulaui Hale, will be sold at l'abiio Auc
tion, a tract of Government land at Lahai'
na, Maai, known as "ilonnt Retreat" and
containing an area of 1G4 acres n little more
or Ices.
UPdET PRICE, $450.
Minister of the Interior.
Interior Office, Dec. 23. 1891. 1408-2t
JAN. 5. 1892
JANUARY 1, 1892.
To all the readers of, this paper,
we extend the heartiest of wishes,
that the New Tear, may be one of
happiness, contentment and pros
perity. To most of those engaged
in business, the year has been a
bnsy one, crowded with labor and
cares, yet its osperiences have been
x:i..i.i i .
jjiumuuie, ana we nave many
reasons to bo thankful to Him who
scatters his blessings so freely and
so abundantly. A Happy New Year
to all the patrons of the Gazette,
but especially to the hosts of friends,
whose kind words and cordial sup
port have contributed so much to
make the past year one of peace and
To-day ilra. Florence Wil
liams begins a course of six morn
ing lectures intended particularly
for ladies. Mrs. Williams is well
and favorably known to the ladies
of Honolulu, as well as to the
general public, as thiB is, wc be
lieve, her third visit to these
Islands. Those who have heard
her speak do not need to bo re
minded that her lectures are well
worth hearing, as they bear wit
ness not merely to groat natural
gifts, but to wide attainments as
well. ilrs. Williams is a fluent and
magnetic talker, and no one who
bears her can fail to be stimulated
and helped. She teaches people to
think when they read. It is to bo
hoped that the general public, as
well as tho ladies, will have an
opportunity to hear Mrs. Williams
before she returns to tho Coast.
One of tho most serious misfor
tunes which can befall a country
governed by representative insti
tutions, is the unwillingness of
suitable citizens to offer their serv
ices in a legislative capacity, and
so in a way oblige the voters of u
constituency to choose against their
will some other person whom they
have reason to regard as less able
or less trustworthy than he by
whom they wish to bo represented.
To "keep out of politics" is a
very natural aspiration for some
natures, and a lino of conduct most
devoutly to be wished for in the
caso of some others, while as re
gards many most capable men it is
at least selfish and may be worse.
In large countries where the
voting population is counted by
millions and each constituency by
its thonsands, it matters compara
tively little whether one or two
popular favorites decline the honor
tendered to them, for the proba
bility is that there are one or two
others who are just as well fitted
for a legislature as they, but on so
small a community as is this king
dom, whore there is little choice,
we must have the best men and if
they refuse their services we are
yery likely to have to put up with
the worst.
It does not require any very
lengthened retrospect to illustrate
the evils which may be accom
plished by a Legislature containing
a number of members more bent
upon gratifying personal preju
dices, than on promoting sound,
wholesome, economical measures.
The public funds are wasted in
paying claims that were never
righteously due. "Pads" are for
warded, committees committed be
forehand to approve or 'condemn, ,
not bo much in accordance with
the real result of investigations, as
in accordance with the likes and
dislikes, personal or political, held
by the members towards Ministers
or'other officials. When a clique of
such members acts together with
tolerable unanimity they frequent
ly can by throwing their weight on
this side or on that, affect the legis
latiou of a session in a degree
whollv disproportionate to their
numbers or to the real value of
their opinions.
Some of the,, work of the last
session will have to be undone or
recast as being of questionable con
stitutionalitv or of a retroactivo
tendency, being in fact what
called "slovenly" legislation, such
as is pretty sure to be enacted by
men incompetent to form serious
opinions on serious questions or
more desirous of forwarding their
own interests or whims than the
well being of tho commonwealth.
It is of the utmost importance
that our candidates bo carefully
chosen, and that the gentlemen so
chosen endeavor by an exercise it
may be of self denial and public
spirit to serve tho constituency
who may have elected them. In
return tho voters should acknowl
edge tho obligation by giving
every voto to the man of their
choice, and heartily and loyally
supporting him.
The worst political elements in
tho kingdom arc being worked
upon and if thoso who wish to sec
an honest, progressive and yet con
servative session do not work to
gcther, disaster must ensue.
The argument in the Eobinson
will case occupied three days in the
Court in banco last week. The
questions involved are of such gen
eral interest that we will, at the risk
of omitting some essentials, try to
state them. James Eobinson by his
will devised certaiu real estate to
each of his eons Mark and John, for
life, over in fee to their respective
ueirs. He devised tno residue of his
estate to his executors in trubt to
pay the income in equal shares to
each of his six daughters and two
sons, and at tne death of each io
make over to heirs of such deceased
child the principal of the one-eighth
The will gives the trustees power
of salo of the trust property. Some
of the daughters were married at the
testator's death and all are now mar
ried. John died testate, leaving no
children, and devising all his prop
erty to his widow, who claims that
the will gave him the fee simple in
tho land which had been devised to
him for life, and the absolute owner
ship of the one-eighth share of the
residue which had been devised to
trustees in trust to pay him its in
come during his life.
Jy the famous rule in bhelley's
case, adopted in early feudal times
as part of the common law of Eng-
and, tne tee in this real estate
would go to the sons, in spite of the
testator's intention to the contrary,
and as to tho trust property, an Eng
lish statute or Henry VIII. called
the Statute of Uses takes out of
trustees their leal estate iu what
are called dry trusts, or trusts which
require no active duties, nothing
but holding the'estate to the use of
ho beneficiaries, and transfers it to
the latter, so as to let into operation
the above named Shelley rule, giv
ing the beneficiaries the absolute
Uut no such result followed if tho
trust required the trustees to per
form any specified duties concern
ing the trust property.
lhe widow of John claims, how
ever, that she has tho absolute
ownership of one eighth of the
residue on the doctrine that
'equity follows the law," whence, as
her counsel claim, equity will regard
her husband's interest in the residue
as a legal and not an equitable estate.
There is too a question whether
the widow, who would be her hus
band's statutory heir if he had died
intestate, can take anything under
his father's will if the rule
invoked in her behalf is not
Hawaiian law. The children
and trustees claim that the will was
meant for nothing else but to keep
their father's property in his family,
and that he meant that heirs should
include only the blood relations ac
cording to its strict meaning, al
though not according to the statu
tory course of descent of property
from persons dying intestate.
deny that tho Court has power to
declare that any rule of common law
is law because the Court,considering porma2 Report of flie Hawaiian
it to De coniormame io reason ana
to Hawaiian Institutions, declares it ueiegate.
to bo law, for this involves an un- Central Union Church was fairly
constitutional exercise by tho Courts fineti w;th- churchgoers Sun
P ....... . 1 rinv oronmrr tf hofiv Jmlfrn Mnt:iillv
JSnt the point of divergence is ""J & j
whether or not common law is the givo an informal report of his mis-
foundation of our law wherever it is 8;0n, as delegate from the Hawaiian
not controiiea oy opposing statutes EvnnoUea, churches, to the Inter-
nr nnernmQ I r. io t in TvrPQiimnnnn I 3
that common law exists to that ex- national Council, held in Loudon
tent, unless repealed by statute, in durine tho month of July, 1891
an tne atates ot tne American union rni, t.,,1 ir- u,MnL-in
which ever formed part of the British I , r , , , iL
Trl.nn;rc tno .Hawaiian enurciies ior tue
If tho Court shall hold that 6iich honor they conferred upon him in
is tho presumption in this country, commissioning him as their dele
our law will bo rjlaced in a condition irate, without which his tour would
of certainty which cannot exist m have been commonplace. The
Hawaiian Hardware Co., I'd.
the absence of any legally establish
ed source of law.
It is interesting to see Hawaiian
counsel engaged in discussing such
abstruse doctrines as the Ivule m
Shelley's Case, tho possibility of
creating Contingent Remainders,
and the existence of the Statute of
The results which the Court will ntng the convention, it being the
reach will be awaited with keen in-
council was hold at the Memorial
hall on July 12, and lasted ten
days. Dogmatic utterances were
avoided. The council consisted of
300 delegates, 100 from England,
100 from other parts of trrcat Brit
ain and 100 from tho United States,
Canada, Australia and elsewhere.
Monday, Jan. 4, 2802.
really good machine,
they may freeze
"quicker'n a cat fli
his tail " will have their
infj hones revived
The New Year has begun have one bye and bye.
and we've turned another leaf and buy.
m the book oi lite, lhe page You have had no
is as white as the snow that: histnrvfnrmnnj.
caps majestic Maunaloa. Now
fetch along your resolutions.
Here's ours :
(Better goods than ever; lozver
prices than have been dreamt oj
in your philosophy and absolute
satisfaction. We've made
odier resolutions, too, but
those in italics are the ones
we intend keeping durin
1892. We say this with the
terest by those who know the signi
ficance of the issues involved.
'Ihere was always a full attendance same ardor as does tne fellow
during tne convention, it Doing tne
first council of tho kind ever who declares he will shake al
indulged in
the bad habits he
held, with more to follow
of. fin intott7nl nf onrnfti I rfloro
Unfortunately, the originators of during the year just closed
the council, l)rs. Dexter (of Bos- but we will keep ours. Watch
both died a few davs before the us
Wo are indebted to tho Hawaiian council sat. Rev. A. Spicer re- There are a do7en estah
Xows Company for a copy of "One ceived a large number of delegates , tt
Summer in Hawaii." bv Miss Helen 8 guests at his forest homo, which Usnments Ol the art preserv-
Mather. It is a dainty twelve-mo waB cecdingly palatial Elegant ative'' in Honolulu, maybe
1 uimiiii.iLiii.v wiiN MXLHiintiii 1.11 iv rv 1 .
volumo of about three hundred onc. jUQ g,.Bt meeting Was by more- n each one every em-
pages, with a very attractive ap. the American and colonial dele- ployee from the devil up knows
. ml nil . .1 1 -
pearance, issued rom tne press 0 . x.o ,uogr u uouseu disadvantaffe of ordin.
tne "uassou ruunsning uo., 01 "--" , -
v a nmun.0uA per, and reception. Mr. Holling- ary carpenter s mallet used in
How York-, and embellished with ' . M P.r w.ded. On the . ,
some twenty or thirty illustrations. f0Mowin, dav communion service Pianing wnen It comes to
Miss Mather arrived here in May, was held, precoded by an address making up forms ; the plane
1890, remaining a fow months, and y Dr. Halo on "Tho Divine .Life in p.Qes to D;ecec and the qnlinten;
during her stay visited Maui and Man." It was a Bcnous sermon, .r r
among the type ;
a sulphurous halo
around the foreman's head
and the paper coes late to
press. I his may be avoided
ana tho sentiments oxnresaea rn- urou 111
rates, in a very charming, attractive ceived the endorsement of all- there's
stylo, tho various scenes and enter- ibe addresses which followed
tainments sho witnessed. were limited to twenty minutes,
The volume illustrates how much and many in consequence wore
pleasuro a tourist can derive from lo" unfinished. The proceed
short visit to our isles, when dks of tho council have been
' I 4 a r 1 t n,-v I ! t 1 ! .t
viowing tho novel scenes every- pnnteu in a pampuiet 01 tuu pages, n cneCKea in time DV tne Use
where met with a determination to The , popular belief among members , hide-covered Mallet
Btory is told in bright, racy ian- of the South Sea groups, the which we have just imported
guago, which cannot fail to enter- Bpeauer naa emDracou tne opportu- r nr:nt:ncy offices
t:iin thn rflndor from tho first, nnrrn nitV to COUtradict. as well as to W UaC PI1IUU,S
to the close, while some of her them some other much-needed Light or middle-weight as you
anecdotes and experiences are intormation. A sermon preached
nnitn oinitnlnif Thn nflVint roill hn b l?eV. Dr. Ofindwin. of Chifillfrn.
to induce many othors to follow had been received with goneral One magnificent banquet
oisiavor as tnut dignitary had pre- jamp remains from the holiday
ing Puritan doctrines. exhibition. A beauty in every
It being 8:30 o'clock, the speaker resnect : a little different in
and see for themselves. Sho evi
dently loft our shores with many
regrets, for on one of the
closing pages she says : " When
Hawaii Is far bohind 'mo I
now I shall visit it in dreams, after tho usual services tho audi- style from anything else m the
but alas, I shall awako with an un
satisfied longing in ray heart." In
another place sho remarks that if
Hawaii was not tho original gar
den of hdao, it ought to have been.
In tho preface, opposite page 4,
she copies the very expressive
nco dispersed.
line ; so different that it would
take a " litterv feller " to tell
The extremely important point for
decision is whether English com
mon law is Hawaiian law when not
opposed to our statutes or customs.
This is the claim of the lawyers for
the widow, and they point to the de
cisions of our courts to show that it
is that law which has been ruled
pon here.
The opposing counsel , claim that
Hawaiian law is not based on any
system of foreign law, and that the
only legitimate force of lhe common
law m this country is derived from
Bnch of its rules or principles as are
"founded in justice."
Boui.gidefe, as we understand
That Mysterious Schooner.
Mr. Editoh: In regard to the just hat ifc is- We'll wager
.Bulletin's correspondent who tries to anything there isn t a duplicate
ridicule your account of the mysteri r . . , T. , ,,.
ous schooner seen off tha shorn of ot it in the Kingdom. We
chart of the "Pacific Ocean show- Waikiki.I would say that he was buy finest lamps imported
mg tho relation of tho principal probably a Whale that was bar-1 J r r
" . . .... . . '- T i l. I 1- 1
ports and naval stations to tho Ha- poonea or eise ne was oasKing in tne ncie, iu wc kuuw.
waiian islands." from the cover of vacant lot, while tho double top- c:iQl.Tv:ioi. at:
LhA Onidn RnnV whfnl, hn, n M- masted schooner was tacking off the "ver ioiletgoods, Mirrors
lory of its own. It was this unTque shore; lw0 PeoPje ,nesidea myself Frames and What-not. Corn
map, designed by the editor of! the f aw the vesser, and also are alive to ,
Guide and first published in a small tJS- t nXrTT f ' Y Y
t-ti.rL : ,.. 'tourists" were out riding on the u -Cc ; .- l,
ljauijiuuii uy una urging me pus
sago of tho .Reciprocity Treaty in
IMMr thnr la aou t r linrn r am
wwr iu iiu v u vi iibiuii u i til v LirtT i r r i
ur, ul icahi, uiuL uie
Honolulu, Dee. 3D, 1891. parts are. The factis that the
Where Have They Gone? "ll-l" 13 "'PV41
I . 11 1 1 !
it- . -r . - t . , i rirvn fn7frfrt nnnn tr itrtrn tii
il if iniTfin I nm intnpmni fhnf I wwu, i v. uuutiv t nil jii-
I- , - f I xj - x j im a. 4t (ii iiuui uiiu WJttU I y
una ma i ity memuers oi oncress f, (:iiu.,,i i i i a ti
s.lentlv broke tho back of the7 on. r" Y i .. -rv . i , . vcl auu '4uclu- me result
. " "I LCIUJUBIV lllHHIIDU.iriMl. J.L IH LllOUjrni. ...... .
position and saved the treaty." Wo rho - n , ' tu Aacni is durability and elegance and
-ro g.au to see n reprin eu in M.&s offtho Wai"klki ehoro a 8hort tjme tj t discounted a sin
Alilt.hm K hnn f fnr it ti la fi nnvrnf. I ...... I J
t i i r i i-T , V !,bi or else lllc3 llilt n 1110 JJ
... ... iui W1 ,v.u. 0 luiu t, tuv,a A Porpoise,
ia luu uuntrai uruss-roauH oi llio
tho question of its renewal, then
in Congress with strong
opposition and heavy od Is against
In tho language of one then in
Washington: "An examination of
but our sales show tisJ
people read and inu-
gested the columns an
umns of ads. that were
ed upon them a year ago,
still sell Aermotors.
(Opp. Spreckeis' Block).
"Xcir. HuBcrhsauntfs
m k. i
Tills of
it oxm
Soda Ebiintaii
Pacific in the great futuro before it.
Jliss Mather's book can he had
at the iews Company's, in this
city, and it should bo in every
2tfnu l!ucrtiscmcnt
The Japanese steamer YamaBhiro
Slam is due here from Yokohama
(Mi Me Bazaar !
on Tuesday or Wednesday with somo j.n t A T miti,ic
six or seven hundred Jananese im- i,ate A' altll S Store.
migrants for the plantations.
tiiivmc pnro&ased the stock .ind fixtures of
lue aDove store I shall continue the sale
or ine justly Celebrated
i.o.iuco m rnco. nniunrCimTn oTiwnTn mrim-inm
The Pacific Hardware Co. are in- UUlUIiullU OJIifYUIlT l!lAUllilli!l
structed to sell the books at $1 each;
the pictures at 75 cents each.
An allowance in books or pictures
will be made to parties who have
paid the former price. 2953-1 W.
gle whit, because you know
the worth of them. What
sort of good resolution would
we keep if we would tell you
they were solid ?
Weddings and dear knows
what brought a lot of people
to see us last week for table
ware in silver line it seemed
to be epidemic and the last
purchaser found as many strik
ingly beautiful designs in
Spoons, Forks and Knives as
a MLlrrmPell &tFekot w,bich wi" if we had'nt sold a single doz-
nrriTe per "Australia, so nlenpn I
RESERVED YOUR ORDERS . e"' Tt paP to. have ful1 Iines
nf fvprvrriinrr incr oc U711 i c-
The list of Patterns will nlan ha I . J & J
pleted by the same steamer. It does tO have VOUr monev in
any dividend paying scheme.
Our dividends are your dollars
dropped into our till yours
I shall also add to the stock poods
as with a cenaral Bizaar hninpso.
All orders entrusted to my care will re-
ceiTd ray nsaai prompt attention.
i k 1 1 k i ui iw mi :i'ii:ii..it
teamer, as I have soecial facilitiM at a I are tile marvelous harcroinQ
FranriRrnfnrlhflt nnvrvtea I O
Patrons on the othei Islands can safely yOU get Over Our Counters.
"" uiucia iu luv oire ior ail rooas
whether in my line or not, and I respect-
luiy suiiui lueir paironage.
' Books of Patterns sent nira to nnu
uuraa uu application.
l03-3t ProDrietor.
Hawaiian Annual.
Hawaiian almanac and assual
W.W STflBP TTn v!.,TTQ I 'Of reliable statistical and general information
iXiiiN ftlUKii (UPt OTAIBS). I relatlnc to these Ulandn. Price 75 cents: or
i utaiitu nuiuau aii m cciiib Caen.
f TH08. :. TIlRirM. Pablljher.
IBS-, . L !3-ir llonalnln, II. I.
The " Little Wonder "
Freezer will make another
appearance in our store after
the arrival of the "Irwin."
Persons who have left their
orders for them will receive
the freezers the same day we
get them ; those who have
given up all hope of having a"
Cor. Fort &(Kiii SI
2920 MH
The Haraiiiii Am
Bister and Brimter Tka
Indif psnsable in Eery HoowhotJ
Invaluable in very Office'
NeceBBaryio fcrery l ibnnr:
eedl by Evenr T
do. per low; or, sic. up
1 1 -
PtmuMiES, iio
TflF"Rpm!fnnr!f!S with IB3H
stamps. 2937-lwlwSf
BostoiLine of Packed
take notiie that taea' i
Will fi
ii liter.
from Boston for Honoloia
Forfnrther prrimUr "r4" ' j

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