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The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, December 08, 1905, Image 5

Image and text provided by University of Hawaii at Manoa; Honolulu, HI

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83025121/1905-12-08/ed-1/seq-5/

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New health regulation wore adopted
by the Hoard of Health at yester
day's meeting, relative to garbage,
and laundry clothe
It will be remembered that tho Ben-ate,
at last aceslon, threw out a bill
of Mr. Dickey's to prohibit expectorating
In public places. It waa
by most of tho members ns a frenk
measure, their reading evidently not
having extended to tho fact that slml
.....W ...U.U w. ...- .
i tj... ,.,..,. T T f . ..-.l.
ter, swill or filth, except In such con- ' -1 . , V. 7T, V" ;"""" -, """
and smia'' s. certain pas-,'
talners as will prevent spilling and - trujtet,
k , sages mentioned. This is the suit
t,,e value ot ,he
2Sth Public dumping grounds (or ?,ain,1,n 'J5' fs
the dumping and disposition of garbage h"''V".',l1TU:
shall be designated from time to time . GVEUN?,n 'lES,ID.E, Jh
K. Carter has petitioned the
by the Board of Health and no gar- i ,Ceorge
bage shall be dumped or deposited In urt,0'Iran,d nwtatmtton frr a
title in fee simple to land on
place other than the place or
the corner of Llliha and Judd streets.
places so designated by the Board of
whj, tne buildings thereon,
Health EXPECTOIIATION I an area ot 5-4 acre8, Tlle ,and at Jast
The number of deaths In' Honolulu a"ef8mnt was 1vfl,ued at 9' d
improvements ; at 110,-
buildings or
for two years ending June 30, 1903, was Jhe
,.. . .i o - icii! o. V.t 000, a totul assessment of 129,000. The
Premises constitute the residence of
were from pulmonary tuberculosis, and
33, or 1.90 per cent., were fromi other
tubercular diseases.
Section 38 of the Rules and
of the Board of Health declares
pulmonary tuberculosis to be a
and. a preventable disease."
Unquestionably exposure arising
Herniary AtKlnauit was lo limo
6itrlu ami tmluy, Dip
nt i liu Nuii.mul i'lK' I'lHlnrMiliij) In
Waslliulmi "Jwnk" III Dm duly fW'
vwMH4 dsirgaip (mn Hwll le Ids
)'lWlol. Ifi WW Uttlnjf 10 HWak U
IM mim of ipiijjirsjjw vim iivii
riiftitneii le inrj Tarrllory
Vrom li
iU fvniiu or id ii t
days, !i) wiiuii lm look iwit liliiiaif
Illi BT1C' vsuuhl nui h at a im
VJUtWllV. Nu,.:
Henry E. Hlghton has filed an appearance
as attorney (or Minnie K.
Buzzell In her divorce suit against Percy
C. Buzzell.
9 o'clock tomorrow morning,
.HAWAIIAN l KiJAi'. ttjty
' ' BMJ ffrWHHSBH il i ijiiwi iiii, ,i li jinn fiinp l n8i 111 i mi
Jiiure i.ituiimy, wnn counsel nna
twurt olUflnU, walled to hear from thai
Jury trying Takada for murder, until
ll:Up.m. At that hour a Verdict of tnur
der In the second degree mas brought
In, with a strong recommendation that
the maximum penalty be Imposed. The
Jury enme to the court three times (or
futther Instructions before making a
Mr. I'erry addressed tho Jury for the
defendant In tho morning, and Mr
Klmnlntr fur thn nnimi'lltlnri In tlio
lar laws arc In force In many cities of afternoon. The Jury retired at C:19 and
the mainland, Ishurlly afterward was allowed out to j
A mosquito regulation was deferred luinncr. returning to tho Jury room at
(or ono week. The Board adopted 7;i5, , j
President l'lnkham's recommendations, ine work of empanoling a Jury began ft
with an amendment, as they appear on Tuesday. No ember 14. and a Jury K
below In recommending that the being obtained on November 1 the at- it
....... .1nl...... .. n..l.ni.A Vll. . . . n I .-In, It..... I....... rHul. n nnl . lt.,4 I?
I1IVBCI11 Il'liUIUVIUIIO VII I,UI UU(,V, iw". lUttl lliUl 111UI1 UVUI. AIUO wvu'ivu
31 In 91 InrliiHlvn. lw rrsrlndpfl and the thirteen court daVB.
(ollowlng ones adopted in their placo V. S. Fleming, Deputy Attornoy Gen-
the president said: cral, conducted the prosecution, being j ft
"nnrhnirn lnn nt the tiresent attended throuchout bv Chester Doyle, , ft
time, apply only to the sanitary who had worked up the Japanese
of Honolulu. Several of tho towns dunce. Former Justice A. I'erry und H
of the Territory desire tho garbage G. Mlddledllch were counsel for the
regulations extended so as to apply uexenauni
outside of Honolulu. After consultation
with the Governor and Attorney
General, I present the following regulations";
24th. No garbage or offensive liquid
or matter shall be thrown or deposited
In any highway, street, lnne or public
place within the Territory of Hawaii.
25th. No garbage or offensive liquid
or matter shnll be kept upon any premises
except In covered containers of
not less than 12 cubic feet capacity and
nlm'1 be removed from said premises or
disposed of within not less than one
week, unless otherwise ordered disposed
of by the Board of Health or its
duly authorized agents.
26th. No garbage, stable manure,
night soil or animal or vegetable refuse
of any nature whatsoever which Is subject
to decay shall be used for grading
purposes or for Ailing in house lots
or any other tract of land.
27th. No person or corporation shall
convey through the Btreets of any
city, town or village of tho Territory
any garbnge, offensive liquid or mat'
A demurrer has been filed by defendant
In the assumpsit suit of Seattle
I Brewing Ac Malting Co. against A. J.
Campbell, Treasurer of the Territory,
by M. F. l'rosser, Deputy Attorney
General. It is claimed that the action.
If prosecuted at all, should have been
prosecuted against the Territory of
Hawaii. Also, that the complaint (ails
to show that, at the commencement
of the action, tho money sought to be
lecovered was still in the hands of the
defendant. Also, that it does not appear
that, at the time of actual payment
of the money by the plaintiff to
the defendant, "the plaintiff made such
payment Involuntarily or under duress
or compulsion." The suit is to recover
the amount of llcente fee paid by
plulntlff as a foreign corporation doing
, business here.
M. F. Rrosscr, Deputy Attorney General
(or the Territory o( Hawaii, respondent,
gives notice of motion to be
offered In the Supreme Court on lion.
j day, to strike from the complaint of
Sarah K. Kupau sues Lowell K.
'' on the groun . of (ai -
from indiscriminate expectoration by ?a" Jvorc
maintenance (or libel
those afflicted is the prime means of
spreading the disease.
The Regulation No. 28 of your honorable
board Is wholly Inadequate. Expectoration
should not be allowed In
uny place where the clothing of any
person enn touch the sputum. It would
be Impossible to control the public to
the extreme, hence, I suggest the gutters
of the street be excepted.
I recommend Section 28 of the Itules
nnd Regulations of the Board of Health
be amended to read as follows:
Resolved, That no person shall expectorate
upon any public place, sidewalk,
street crossing, or upon the floor
ure to provide
ant and two young sons. The parties
j wero married in Honolulu on June 22,
Ylm Searock has brought an eject-'
tnent suit against Hu ICwong and six
others (or the fish pond o( Kaelepulu
' and the stream in connection there-
with running to the sea, at Kallua,
Koolaupoko, oanu, also a nouseiot ana
right of way, claiming $4000 damages.
AV. O. Smith, as trustee for Mrs. Ann
Lldgate and as guardian of Frlda Gay,
has brought two foreclosure suits re
of any street car or railway car, or spectlvely against Mary J. Montano,
any other public conveyance, or of any A. A. Montano and Alexander Garvie,
public building or any building com- ' me nrsi ior nwv ana me seconu or
mon to the use of the public,
gutters ore excepted.
In the recommendations made by the
Board of Health, December 31, 1904, to
tho Legislature for sanitary enactments
was ono to prevent the spraying
nf clothlnc and nrtlcles with liquid
9XOW, Willi UlLClCBb auuu, UilU HIV
properties being 38,100 square (eet and
46,827 square (eet, respectively, o( land
In Manoa valley.
Judge De Bolt sustained the demurrer
of respondents In the quo warranto
ui.lt nt W r Tlanfnflr an1 nttwru
nirnliiHt W. C. Peacock & Co.. Ltd.. to I
from tho mouth. Tho suggestion fall- inquire Into the right of John G. Roth
ed. An Investigation ot the adverso
decision on a slmllur law by tho Supreme
Court under date of February
13, 1899, discloses tho fact It was Act
well and others to hold the corporation's
olllces and control. Fifteen days
were allowed to amend the petition,
an immediate appeal to the Supreme
,.' q.i., i...s Hion uw of 1S98. Court ulso being allowed. C, W, Ash-
appeared (or petitioners and A.
that was rendered void, and not a I ford
In ' Jul1 fr
respondents. Misjoinder
regulat on of the n...ifiiiiih I '
Tho Board of Supervisors of tho demurrer ' wflg was 11,i.-i.
County of Oahu passed Ordinance No, i
coverinir this subject,
It would seem tho prohibition of
mouth sprinkling should extend
thrnimhouL tho Territory, and can bo
" . , . . . ..In, Inn nt 1 klki Seaside Hotel 1.1;,, Ltd. 'IW I
brought abou by a regulat on M J
Board of Health, therefore, I MB-1 rarnne jr treagurer of defendant, Is
tho following bo passed which Is oriJered to 0,)(jcar for examination ot
tho County Ordinance suitably re.
Resolved No person or person. Ironing
or pei forming uny act, In tho
luunderlng of clothing or any ortldo
belonging to another Or tlio laundering
of clothing or any orllolo (or )lre(
nhall spray any article so laundered
with liquid sprayed or projected from
tin. mould nf said person or persons.
Judge Do Bolt granted a motion ror
examination of Judgment debtor In the
case of 11, May & Co., Ltd., vs. Walr
The appeal of plaintiffs In the suit cf
C. G, Ballentyne and Honolulu Hur.lfl
Transit & Land Co. ys, WJUIarn O,
Hmlth, tho Pacific Height Electric
Railway Co, and C. S, pesky from the
decree of the Supremo Court of llor
wni) to the Supreme Court of ide Unlt
cd States was yesterday perfected.
There are live assignment of error.
Judge flolilnson assigned Ide rasv of
yestern Jron Work Co, v. Victor
Hoffman und Honolulu Browing fc
Mulling i'u m Judge l.lii'lwy.
Tliurv is no iJauuor from dload ikoien
rikiiliiiig from u vul or wuuiuj of uny
Mml, tvliuu 'liuuilisrJaili ' 'ili (
) usuiJ It I itu luini' Htunufl
auil tliould l.f In ivory UouJioJil. l'r
wit '' l) I)a)nr ui) DrwgyjAt.
Hfuauu, VuiMii & Co, UJ, AliU fot
Thv Vujirviuv ('ouri m tUlA4 UiP
Aliink'MnlltHkullan IlltfiOJiarllW tr
I'niisiru' lion r.u W) li) UiUU) lM
fxii0 k'i id J'wil Himttl lwt fU)'
ihiii uMuiiialiy ldi hJbIio wf lor
gsssjssssssstcflisttsscsssss&soawisgMafr eit&vttaztstees$st)Sti9!6sx)se956U$
BlllllllHsyfK'kif 'T aBBBBBBBBBBBBBaB,
mHEUUpM HbhLhLhLhLhLhLhLbbbbm
bbbbbbbbbbbbbbbbbbbbbb, 0s
Tomorrow, December 9'h, Mother on Saturday morning aiMl the raetnbr
Parker will atUln the fcrreat age o( one ( le .Hawaiian XMw CkMren'f
but drel years, having been born D itwdety bav arrasal a tftmpie pro-
cember 9. 1605. She came to these is- cnua, as frttowr
Inu.lu .vltl. hb liitilianrf IJav ft W KafuriUv numSnr A tat
Dr. Wayson, at the meeting at the i
Board ot Health yesterday, made
port on tne controversy wltn tne
Queen's Hospital authorlttes. He bad
received from the Attorney General ao I
oral opinion to the "fleet that the hospital
ought, on account of Its tiuaul
public character, to provide a small detention
ward for contagious ca. It
had bound ItseK in a manner to accede
to the needs of the public health by,
the claims it made when fighting for
its subsidy In the Supreme Court. Dr.
Wayson advised taking the present
controversy into the Supreme Court,
"Have the matter thoroughly threshed
out, so that when we send a case to
the hospital it will be properly taken
case ot."
He gave several Instances of harsh
treatment by the hospital authorities
of cases sent there, One poor man was
turned away three times in one day.
Let Attorney General Peters and the
hospital's attorney agree on a mode of
procedure for having the matter at issue
decided. If the hospital made a
fight against the public and the Government,
the speaker was confident that
public opinion would settle the matter
in a manner that would wot be good tor
the hospital.
Dr. Wayeon asked (or th board's
support in his action. He would not
embarrass Dr. Judd, as an attending
physician, or Mr, Robinson, as a trustee
ot the hospital, by asking tor their
opinions, but he would like to hear
from "Brother" Fernandez,
Mr. Fernandez merely s.ild that he
agreed thoroughly with the tmntlnuenti
ot Vr, Wayaon,
Mr Jloblnfcon moved that (lie ;nattr
b placed in the band of Ihe Attorney
General as KUggested, o that the )
pu might be decided a tmrly A possible.
Dr- -Wyon. however, m the ug
gtsflon, which was adopled, (hat h
Board of Health meet wjtb Ihe AHw
pey fjenera) In epa stssjon at Ihe
call of Hie president-
thj; kona vnnimitK,
Pn Went Pjnkbam node report- on
(he recent Iroubje war luimr mutnuat
In Kno. H&woi). Wh'Jer Ut
that ond ihe Goverimient pbysltMH
wa soturJiig the yjlunlory uIUipJuik
of Hsptct ior itamwllon "until n,
ocAurmd frm certain rn'
fusslunal ii)kji," Two b( Ide wjspocl
liu'ludlng one whose -ae nqt.auomi
(he irouhje, came in HomiMH wl,
)inntintnit ihemselyr ut Id lluuiih
rumvHvl an imlMtu innu
foun1) noi infjuuw) ihuy wwu
i ihMlr hmu, a t,(umn. )Muh jf
dy th RaariJ of If with.
Th fwiwl4nl uwMH Idvl "
mi tn4tUtm mm mubrtwY '
'14 In m of liuuu turn w)hk iti
lnw lsvs to h Htr4 nf Hnth,"
and U'dia H. ' uuwWtuii (
I bliW MMInM WUI) Uw U,,l4')l
muhait Hutu J. ittMutt ut id J'- - t
iwasy." J 4MJ iti4 tit AH""'r
'" mumtamu u ummtm t
mmth nmmiim
Mr VUikUiuB miniiM
pnHlM vUli id mwm
nun w hi uwaW HI
li. j; lw
wmi in
U ill iUlBll
rmiuuw tumim
miSTM, in uot
Ing now on the prnpT sidewalk space.
Th matter will le given further
prompt Sri ""'"'.
have had buildings indicated torn
liown unit work I In progress to put
Tw M1H Ha nH Hi Ihr
wut1 a 4 Ttw was inura
tiro Mrtit 1 oamia awt ih alial.
Jjtbrtlty vC evtdtta. lb kt taklttc r.
flank H HrHi4iM. defendant. Iiwk
Uie Umd lu Ui Uhtlf alter the
liruacwulkm l4 tHe4 Ills Una i'f
attests was utnMH. Ix4ng that his
j 1clkns amuug cmmiw an4
net ihh4 with an
JJ Oriental 1umm Uiiery of the
he tMHBrd u published. Ho
iKMtUvrif dtt4 that be pretended to
)i Imi Federal effieer. oLactlug fu for
tJ penults or an thing else.
li Mr. tjtrau. defeadant being on the
Maud, olfttol a ivirtet of books In
Mr Dunne ebjectoj! that tho books
draw tb rotnark," ilr. Straus respond
Ttxii thre was more wrangling about
the books. Mr. Dunnu raid they wero
Parker, as a missionary 'of the Amer- Uie Kclr r waR upo Mother hwtTtal V, the casj.. being "a mere
,vii no VuriLnr rtth ' arM3 a Pretense.
i.,. Tnani t lei onrt a
they are not able to do all they wpuW slfU of flrs, fruit and other description o( "pollco court
jlke to. uuuons ot Jlfce naiure. Te unaay "-
The Governor has the band morning ceriM( at Kawalahao church Judge Dole ultimately let the books
(or a serenade between 8 and V c.ot - 'Jll he conducted by leading Hawal- no in, subject to (urther rulings as tho
.object developed.
shown one as representing
a dozen books, told of his going to
Arnana, a Chinese publisher, and
terms with him for printing tho
books. The charge would bo 2.D0 a
page and, as there wero to bo 300
pages, the entire bill $7(0. Amana
wanted a bond for expenses and finally
in advance.
Defendant explained In detail his system
of getting up a directory tho
rough canvassing book, the transcribe
vice installed by Plumbing Inspector ing of names with errors corrected In-Keen
at the Normal Kchool, which he to the ruled books, the cutting out ot
thus describes: ithe written sections between the lines
"At the bottom of a suitable enamel for arrangement of tho names In at-
'painted wooden trough a water pipe Is phabetlcal order. lc.
run, from It upwards are extended a mr. Straus admitted, In a contest over
n'mber of pip or nipples, from each the question of good faith represented
is thrown a small Jet of water. by the books, that the edition ordered
ing his mouth at the Jet the scholar had not been taken out of Amana's
can easily drink without soiling his hands br defendant, but said In
clolhing. The Jet I sufficiently strong at0n that Bertclmann won arrested,
so the mouth can not b forced down put under J6000 ball and twice acquitted
no the lips can touch the pipe or nip- that court under similar charges to
pies, hence Is no possible chance the present.
of contamination. Swiftly thrown I ..But that was over six months ago,"
watr alone come Into contact with the court observed.
the person drinking. The cost I com- I Defendant explained tho purpose of
paratively trifling and the device should "two kinds of "receipt" books, na they
it inxianea in an scnoois, vmesian were caiiod, which were next produced,
water does not nd filtering. Reservoir They w.Prft ln reanty books of contracts
water cild be filtered at small .cost tor advertising in the directory nnd
of installation In connection with the ,Ubscriptlons thereto,
above-described devices." I cross-examination started Just
OTHER SANITARY MATTERS. fore adjournment.
At the corner of King street and OCOOOOOOOOOOOOOO
Aala lane the president had arranged
that a portion of cement
could H put In, adding:
bins of that church In honor of the
i venerable mother o( their beloved pas-
tor. At 7:30 in tne evening or tnat uay
7.7 i iJ...i
.. iin t n,. I
"I And, however, about 110 feet of the .. ...,. , ,,.,, ni
Gliding on King street has never been j auaplce. of the
children's Society,
letwn eight and nine feet on land , .
Dr' A' u: Ua. presiding, at wnicn
M,.,),. t. h irr.vrr,mnf in iwif
,. L7.JI W",e"""f' m.. .fco. the devotional exercises will be con
Vr, 't" ?rSh ' ducted by Rev. 8. E. Bishop, Rev. H.
bu Mings were on he land Ito
.... 7 . . Z L TnBharnynnd ev. H. II. Parker and
"!..S 7 "' JL'""' T...: r.lwWr. .Ill b. made by Hon. S. II.
HL"ManIHl ic i iinrvtu o muiiu
Dole and Right Reverend Bishop Restarted
One hundred quarter
, . , Iars, which have never been In circula
te Fort trt premises condemned ,,, , Mothor Par.
ker at the exercises in celebration of
Ill Plac In grod order. The owner of '?' on ,,'""drcdt" l,lrt,"la, ln Kawal"
ahoo church.
the UltA thank Ihe board (or It ac
Thl symbolic gl(t, representing tho
wt.. ,....- .. i.,..- ......i i. year of the recipient's llfo In coins,
the'..o 7f t ; Und.'- (rom the people of Kawa,ho.
o doubt they regret that tho mintage
Mor active work I promld on the
premise on Hustac street, Kewalo, 1 ,""J ", !'1'' ' " M "" ", T
Mother Parker will
WslUd Uyynu" Ituln I It that up-
.prclal Uflr tontrlbullon , iu much m
Orally, Mr, I'lnMmm told of a plorn
w"ull ' wttlth Umt tt rlcl"!r
on Ulllia trt. Imliliid which an all.
wa or wntrtoui run, whr it or
iMtvk tlvn In llirm (ollnge and
pay IS a mould innl lor ifioH
wltn lnforii)"i Hint Id (lovfrmnntit
wuu icolim u jul down a il'linli (
Mfiit fUmii wtrr In Mild,
ttrt'l, mlHlit imnf ffmlve for
flwIMnif tlw ireniil Iwri Jollly
'fhu lowd imnml HfiiwtVHt on Ide
fMitiK iffioii by thu pfl'lnt
"An thu rtUihmuni i Molultul Umt
Umin lotlur Hint will lm niw in
UMhH u n mihIiiu tu hiii Id poi
wu hu tirnlur minMmiiliMi
llw tiAilMim of m wll li-ii litem nwl
u ianivlry wMi mil tint lm
Mlt ItfiWlliuii, 'J'dti iMllff l UUtlli h
iwmiy W Jwi Ut wmii Uy
fUH 1'IUU tluH Witt IHH
)Av uwl ihtmi ttt) ymti apfvl
lluth tlwui ItHiw iHHimiml Uhmhvv
ihMM muittM nru4mt wtlh lntAiiw fur
mimmy wit tutu) id i4inMm tu
ill lur itfklmt fw mmlht fur ide n
i MeiiaBiu l.ii L'liiwwwr
congregation might bestow.
Ttl idYrMful (iiit tmtiuUr twiftir, a 4 In
11 (VllwtIl ll'tHl"l I't liln'M, lI'Mtin,
luit, Vlu, iil rmaUiit all tlw
).)i,i (; m mivilit In s iin.llrln nt thu
tIM, hk) ufiM ttirftllitug blllirrlD
riir.UArlOU HO, I cnslnlsln IK world
lil ir.M wf II1 npultllus fer 1
ftuftmHif f II lliii, I'ulii In tli lurk,
M klislivl tlluiHil; ttluimi'H pfi'ui,t flll
l, Mlr irirlMrl) to l
TIIKHAriQX HO, I tor IwyuiHr of tU
,k,i, vmr, lliuilra, l"'f, lipid lift, train
HA asfllli lit i'lMt, (mil, ami
all 4laawa tut titlii II liaa l,i n-i in'" b a
Itthlmi In HHtfif uitf m r, aaraairllla, ( in
II A,i)mU,u lit mlfntft (nlli si.it fiiln t
ll. wb'ila
lla llil'fk II M'l, aiwl Mi"iMr
,u,l,lia all uimiitMt unllff Inn Hid lt,
'IHtHiyiOU HO, I i nWnilWo, alMl
MM tv all itlaUiaaiKS itf.aifiu.a ut Sla.
alf.allMI, W, Hlrl'll, tit, I piwaraait
fUllmi 4H tit, Il pnaawa
tiifnltlii0 it't is lulmti't tUtnHU M
illf I II 'iil lluui lis awiallnr In
Mwa m uttAimo ii Mi uU.mIIW
'ttlikArWM II ft In It Kflmlnal l'l.w
tit l fkd MfHtoiilftiilirtifliiml ll.a ufl4 I'll'
rU.At4 U ii n4 4: M I
In wd'ili l
Uy umr If fund a), tut jbliit
Etlt li "AH'' twnii tlit lull'
i mitjMiit tltuv tin utHf ItlUit m
iid Sff,t ". In fHf iHmlut ui in l,i
Tlw UI).dy limit Is doclaml
valid law liy a unanimous opinion,
1ll by CUM Justko Fwir. Ilia
HupiMtis iVurt mania a writ
ft piMhlbltWn tit H. Alum against Mary
Huekln an.1 judge I Bolt, forblddlne
llw IrtMl of lha rase t Mary lluckl
a. H Almil at the prreiit term ot
Ui frl rlicult cuuit I. V Ash-ford
apttared for petitioner and
Thompson & demons nnd Altornuy
Oeneral IVtrrs (or ivsHndcnls, This
Is tha stllabus:
"llio provision of the Organic Act
that 'each law shall cmbracu hut on
subject, whlah sluill bo expressnl In
Its title.' should be liberally comtruod.
Tho tltlo may be broader than thu act.
provided It Is Hot ilelutlvn, thu net
may cover different matters nrovldod
hd Btbitg l ijo with the ease. They I they have a natural connection an A.
v did ut came tbore (riMM tha iiiro fnlrly embraced In one subject. A(
V out. but (root the publisher. If thu ' provision limiting civil Jury trials,
li etldeace of Uetiliu am Mutsuoka was i unless by consent, to thu first alxtr
l x?ieJ b) the Jur. tho ouo ended lihiys of each term In tho first circuit.
right there. jmny properly bo included In an act
Mr Straus mode a remark, to which I purporting In Its title to amend a
Dunne called the attention of tho tain section of the 1 to vised Laws
The attornoy (or tho defendant luting to terms of the circuit courts,
Just then nalked oter to thu water cool- tho other provisions of which act
In tho corner on thu uxtremu right hito to the length, adjournment and
of tlte benelt.
"Did you say this was a gullible Jury,
Mr. Straus?" Judgu Dole sternly demanded.
"I did uoU your Honor," Mr. Straus
answered as he came again to tho
front. "Wluit I said was that it w ould
extension of tho term III tha several
H. Hookano, district magistrate of
Emu. hus been sustained by the Supreme
Court In denying a writ of sum
mary iosnessloti to Carlos A. Long, ad-
b a. gullible Jury if it bcllevej the Jmlnistrator of tho estato of It. W. Jlolt.
dense counsel mentioned." (deceased, against II. W. Holt and many
"Il was an Improper remark," tlio jutheis "to forfeit a lease held by de-
euurl "and I ask? that you friudants of certain lands In Watanae
Hllhdrau' IV .and to recover posresslon of said lands.
'Blnee the court orders It. I with-the ground of forfeiture being a breach
of covenant to pay tho taxes on the
Tin- leaso was made on NovcVibcr
22, 1S62, by II. W. Holt, executor of It.
V. Holt's will, to John Domlnls Holt
for tho period of tho natural Ufa oC
. !.... v m 9t iu!uii ttu.,nmiA Mr. Straus now called tho courfa tho lease. Tho defendants aro tho prcs
a-v, iL,,"i. Q .on. vt A rfurinr hi. u,rater ut tki. atlUfn to the Assistant District At- ent holders of the leaso, some of them
remark. H characterized It being subtenants under the others,
srokllr. ( Umt early
and her (riends have desired to grat great
wissJonarW will a " Intended to influence the Jury and C. . Ashford and L. A. C. Long
her respect and reverence, but owing
in her enmnwhat .nftik1 condition la'tiloh wiH etmflr. ui iesBiiBr HtU coming under the learned counsel a appeared for plaintiff; A. Q. M.
crtson, Thayer & Hemcnway, E. C.
IYtcrs and Smith & Lewis for defend
ants. Tho syllabus ot the opinion, Jus
tice Wilder being the author, Is as
'An assessment of taxes to an 'estato'
li not authorized.
"A Icaso In which tho lessee covenanted
to pay thu taxes can not be
forfeited for tho nonpayment of the
Iiixch by tho assignees ot tho lessee
where there Is no legal assessment."
It was alleged In tho complaint that
a bargain was struck, whereby a dozen tho defendants refused nnd neglected to
of the books should be printed, pay tho tuxes for the years 1900 to 1901
mann to pay one-half tho cost of them Inclusive. The taxes for each year were
assessed to "Est. Holt, II. W." Judgment
was renderod In favor of defendants
by Judgo Hookano on tho ground
that no taxes had been legally levied
or assessed upon the lands, nnd plain
tiff appealed to the Supremo Court
on tho points of law. Tho Judgment
appealed from Is nfllrmcd.
(Continued from Page 4.)
'Jil, J. Aplo.
Blue Busts.
1st, 0. V. Wilder.
Colored Pouters.
1st, J. II. Craig.
3d, J. H. Craig.
ITTl, (Jcorgo Domlngos.
3d, 8. G. Wilder.
1st, W, W. Wright.
Whlto Pouters.
1st, .1. II. Craig.
31, J. II. Craig.
llli, 0. Arnunvann.
2d, George Dornlngos.
Fled Chocolato Pouters.
1st, 8. 0. Wilder.
1st, T. Newcastle
1st, T. Itewcastle.
Bluo Homers.
1st, T. Itowcnstlo.
Chocolato Homers.
1st, W. C. Wccdon.
Black Homers.
1st, C. V. Peterson.
'lit, W. C. Wcodon.
Dark Blue Barred Homers.
2d, W. C, Weodon.
Dun Fantalls.
2d, W. W. Wright.
Light Bluo Checkered Fantalls,
1st, W. C. Weodon.
Dark Checkered Homers.
2d, W. C. Weodon.
Bluo Fantalls.
2.1, W. W. Wright.
1st, C, Arncmnnn,
1st, CJorrit Wilder.
Brown Jacobins,
1st, C, Ariicinniiu.
Black Jacobins.
1st, 0, Ariiiimanti.
"Our little girl, two anil one-ball
years old, wnkn up rniigliinj; with thai
rruup win livening reeoiuiv. wo nap
peneil In linvn soiiid of Clmmljorlain'
lleineilv on liuml mul kvo del
two iIokok of It. Hint went bUPk to sleejl
mul wokn tin next moniliig without
Inien of cold. It I eertulnly n grna
liiiiilli'liie," snys A, J. Iiiiiilnlilll, edlto
of HUr, Villa llleii, nwirjila, U H, A
An intiifK or eniiii enn niwny i
wiirileil (i If dy glviiij; tills reniei) m
s'ioii m tlm irniiiy rotigli niiiirs, I
lm len In iisn tor iniiiiy yenra innl In
wvr lii'i'ii loiiiwii In full, H rmitnln
inf liiinnfiil ilritif Mini muy lm given t
Dili aiiiulliol rlill'l with .erferl COUP
iWiirn I'or k'iIii dy nil ilviilr mi'
(IfiJIHlaU, Mi'lUHil, Hlilllll & fa,, Itd
MgSHIS for JlllWflll
(Mini (.Vuiily Hiipervlsors win nw
Idle ovi'Ml'iir, Hirs, l.uias wnd Mootl
will pivswil u ieMirt sualudiliif ll
niii in nuyvi ii'r i in in w

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