Newspaper Page Text
4 t .- - jfv - t " " ? f T'flP H' "PW : JPWgMMgppil ti, UIHpHfll "V - r' " ,"" s - . . - . . . ' '. - - T X J- ' HAWAIIAN GAZETTE, TUESDAY, OCTOBER 22, 1907. I SPORTS I SELECTION OF MEETS WITH APPROVAL "With almost no exception, the team picked out by the committee to represent Hawaii against the Coast team has met with the entire approbation of baseball fans. "Bill," Hampton, captain, is probably the most popular of the baseball league players. Hampton pitches for the Punahous ! and has made an exceedingly' good record for himself; a record which is but win riMfiT " ' mthi "BILL" HAMPTON, CAPTAIN. sliglitly marred by the fact that he let his temper run away with him once. Hampton will play thirdbase on the "Walter Sanborn is the only non-Oahu player. He played back East in one of the leagues, and is ranked as a professional. Sanborn 5s now in Kauai. He is to play firstbase. John "Williams pitched for the Col-J PUBS DEFEAT CHINESE TEI The Chinese Atliletics were given another surprise yesterday afternoon at Aala park by the Palama A. C. This was in the championship game between the two teams, in which the Chinese nine was beaten by the score of 7 to 3. The game was fast all through and at times some of the plays made were equal to those at the senior league grounds. The usual big crowd was on hand and all nationalities were well represepted, especially Hawaiians and Chinese. In the first inning both of the teams failed to score. The second inning was another goose egg for each team. In the third inning, Kekaha started things going by bringing a run homo for his team on a wild throw of W. Ayau. Kaahiwinui also scored by Hong Chack's error. The Chinese team was again shut out from scoring in this in-. tWtkt Tn tliR fourth Walker brought in was: PALAMAS. AB R BH SBPOAE H Kekaha; 2b.. 5 2 0 12 Kahaawinui. If.. 4 2 1 0 3 D. Kealoha, 3b.. 5 2 2 1 4 C. Paaluhi, p.... 5 0 0 0 1 H. Walker, cf... 5 1 1 1 1 H. Zerbe, rf 4 0 0 0 0 JKaopua, ss 4 0 1 0 1 0. 1 1 7 S. Hoopii, c - Kama, lb ' 4, 0 0 0 8 Totals 40 7 6 4 27 12 7 CHINESE ATHLETIC CLUB. AB R BH SB PO A E Sing 'Chong. ss,. 4 TV. Ayau, cf 4 John Lo, p 4 -Che Bui, c 4 C Aklna, 3b.... 4 Ed. Ayau, lb.... 4 Tsfmf81 0 3 0 4 1 14 good and he was signed for the big Punahou league. He is to play first-base with Sanborn. Bill Tannatta played secondbase for the Kams. He is one of the few men on the team which bat right-handed. He plays secondbase on the Jim "Williams, of the St. Loujs team, is a crackeriack. He is one of the best players in the league and, ever since there was any talk of forming an All-Hawaii team, his name was foremost. Jim played shortstop for the II. A. C. and for the last three years has played secondbase for the Saints. He will play shortstop. , Charles Lyman caught for Oahu College when that aggregation played in the school league. His catching had much to do with the winning of the championship. He has taken the ability which he displayed there with him into the big league, and ifanything improved on it. Lyman is to help catch. Dick Beuter has made quite a record for "himself this season. His work on the Bapid Transits made him famous, and he has subsequently made good for the Kams. Beuter pitches. U. Lemon is among the number of southpaws in the league. He played leftfield for the Kams. He is to play leftfield in the All-Hawaii. Bruns, of the Mailes, is to play leftfield. For centerfield, Aylett of the St. Louis team, and Joe Fernandez have been chosen. Both are hard hitters. Darcy, of the Diamond Heads, and Louis, of St. Louis, will play rightfield. Barney Joy will pitch, assisted by Beuter. Hawaii will now have a chance to see something of what Barney has lege team last season. His work was! been doing on the mainland, WN NEXT SEASON From the preseni prospect there will not be a race for the now Irwin Cup, which is offered for a contest between the first-class yachts of the Hawaii Yacht Club, till next year. The Committee called on W. G. Irwin, the donor of the cup, yesterday, to inquire his wishes in regard to the conditions under which the race should be sailed. He stated at the time that he doubted if it would be good policy to sail the race this year, as the weather could hardly be depended on, and it would hardly pay to take a chance which might result in a fizzle. The actual presentation of the cup to the club has not been made as yet, as Mr. Irwin desires to pick it out him self, and has been unable to find anything in the city that he thought was suitable. He leaves for San Francisco early in next month, .however, and on h" arrival will out the trophy ,.., ,. thD nn Zerbe's hit. pick The last half of this inning 'was one of the best on the part of the when a pretty catch was made by Kaahiwinui in leftfield followed by a double play at second. In the fifth inning, Kealoha. should be given credit for sending two men home by a hit into the stream. He also managed to score himself, which in all gave the Palamas 3 runs in this lucky inning. The Chinese got another goose egg in the last half of this. , In the sixth inning, the Chinese scored two runs oy Chi Bui's two bagger. The eighth inning gave the Chinese boys another run. This was made by Lo. From every standpoint, the Palamas outclassed their opponents all through the game. Chas. Paaluhi, .who pitched for the Palamas, was in his usual good shape and nfanaged tojtcep the Chinese guessing most of the time. Next Sunday these two teams will again meet, two games out of three being required to decide the championship. The line up and score by innings which he desires and have it shipped to the Begatta Committee 'here, after it has been appropriately inscribed. "While the members of the committee were talking with Mr. Irwin he brought up the subject of the transpacific yacht and before they left had drawn a check for a generous donation to the funds which are now being raised. Beyond this he promised the committee, after they had urged him, that he would act as the representative of the Hawaii Yacht Club in Los Angeles, at the time of the race, provided that ho was in California at'the time. In case he was unable to be present himself, he stated that he would niako arrangements that John D. Spreckels should act as the representative of Hawaii. The obtaining of this promise has been a great relief to the committee which has been in a quandary as to Nvhom they could obtain to represent the club at the start of the race. All agreed, however, that no man more suitable for the position could be found than Mr. Irwin, who has been interest ed in yachting here for many years, and is also known all over these islands and the Pacific Coast. His cordial cooperation in all matters which have to do with the transpacific race is greatly appreciated by all concerned. jr ji jV j? if .v jjj Hong Chack, 2b 4 0 0 0 3 3 2 K. Y. Ching,,lf.. 4 0 0 10 12 Mon Tin, rf 2 0 0 12 10 Totals 34 3 4 5 27 19 12 ' PALAMAS. 123456789 Runs 00213 01 00 7 B. H 0112101006 CHINESE ATHLETIC CLUB. 1 2 3 4 56 7 S 9 Huns 0 0 00020103 B. ,H 0 0 010 20 104 PIHi WILL SWALLOW I. LOR (Continued from Page One.) "That the patients that will be selected for treatment by J. Lor snail take the whole responsibility upon themselves and the consequences be up"on th"elr 'own heads, and that tire president and members of the Board of Health shall be exempted from all the responsibilities in the matter. "(Signed) WILLIAM NOTLET, "A. J. KAUHAIHAO, "B. PALIKAPU. "JOHN T. UNEA. "J. K. KELIIKULI, "JNO. S. WILMINGTON, "GEORGE KANIKAU. "Kalaupapa, Molokai, October 17, 1907." RESOLUTION RESPECTFULLT SUBMITTED. At the meeting in the office of the President of the Board of Health yesterday afternoon there were present, besides Mr.-Pinkham and the private secretary of Governor Frear, Delegate Kalanianaole. Senators Lane and Chil- lingworth. Supervisors Lane, and Harvey, H. J. Mossman, Charles K. Not-ley, J. M. Poepoe and William White. Senator Lane presented the resolution, explaining its purport, to which President Pinkham responded briefly, reviewing again his various confer ences with Wallach and the lack of anything tangible for the Board of Health to so upon in the matter. WALLACH NOT THE QUESTION. Senator Chlllingworth, speaking for himself and stating that he believed that he voiced the sentiments of the others of the delegation, said in support of the resolution: "I wish in this matter to express my own position and I believe that I am right in stating that in doing so I express the position taken by nearly all of us present. I want to think you, Mr. President, for calling this meeting In order to get an expression of our position in this matter and I want to state mysell clearly, as some of the things I have spoken in this matter have been misconstrued and made to mean what they did not mean. "You know and I know that this leprosy question touches us Hawaiians more closely than any other na tion, for here we have segregation which Is not had in most of the other countries. We, the members of this delegation, are here today simply as law-abiding Hawaiians, who feel that they are more or less responsible for the actions of the people of their race. We young Hawaiians have received an education and we should advise and' lead our people if they will let usi In this particular matter there has been a question raised over leprosy and an agitation Is going on. There is also an agitation over the claims of Wallach. and claims are freely made that he can cure leprosy. Whether he can cure it or not I do not know, but that is not the question. The question is that practically one hundred per cent of all the Hawaiians do believe that Wallach can cure or at least effect an Improvement much more than any other doctor has been able to do before. We feel it our duty, therefore, as leaders to take the matter up, study the situation and take such action as may be necessary. The Hawaiian leaders have agreed on this resolution and it Is now before you. A mass meeting was called to see if we were taking the right step. If you had been present at that meeting, Mr. President, you would know that the Hawaiians are taking a great interest in this question. The fact that so many stayed, paying strict attention In spite of the rain, showed that we are right. "If the Board of Health were to retuse wanacn a chance to try his Miri' thfrt will be a great deal of dissatisfaction. As a result it may be that things will be done that will be against good government. Nor will it be for the good of the community that he be refused a trial. The majority of the population believe that he has a cure, as evidenced at that meeting, and we believe that unless we took charge things would have been and will be done for which we would all be sorry." We come here in all respect to the Board of Health. We recognize the legality of the Board of Health and the necessity of the Board of Health, but we feel, irrespective of thel logic of the situation, that things have come to such a pass that something must be done. Perhaps this situation could not have arisen In any other country on earth but this, but we have to deal with a situation which rJeople away from here could not and cannot understand. We have to deal with a people sympathetic and kindly, who feel that it is their duty to stand in all things by those poor people on Molokai. Whether it Is right for the people to listen to the claims of Wallach or not is not for us to say, but speaking for the Hawilians I say that something must be done now in this matter. "Now, iMr. President, we are not here to coerce the President of the Board of Health; not to show that the majority of the voters feel as we do in this matter: but we come as humble servants of the people to ask you as president to use your influence with the Board to grant Wallach an opportunity to demonstrate whether he can cure or not. The time has passed to argue as to whether Wallach can really cure or not. The majority believe that he can and - as Hawaiians who feel for Hawaiians we say that this step should be taken. Every Hawaiian here, even the delegate, feels that this is not a question of the glorification of Wallach but a question of what the Hawaiian people feel. Our duty is to respectfully ask the Board of Health to grant him the permission he asks. "I do not come here as a champion of Wallach. I want that distinctly un derstood. But I come here as a humble servant of the Hawaiian people to their wishes to you." "Do I understand that there Is any question of the sympathy felt by the Board of Health towards the Hawaiians?" asked Pinkham. "I do not believe that there is," answered Chlllingworth, "but I am glad that you have asked. I think that matter ought to be cleared up now." "I think so, too," said Pinkham. "If there is any such feeling amongst those present I want to hear It now." The president then went on to refer to the various occasions when charges had been openly made in the Legislature against the Board of Health. He referred to the fact that in the Settlement now was one Hawaiian" woman from whom Dowie, the late "Prophet," had secured J1200 for a cure. Ho also explained Ihe principle of medical ethics in regard to the making public of medical discoveries and Bhowed clearly why such was necessary. "I take a back seat to no one in the matter of sympathy for these poor people," he said. "There is no man among you who has shed more tears for the women and children of the settlement than the President of the Board of Health. There Is no harshness any" more In the matter of treating lepers, neither Is there any haling of suspects away to Kaiihi. On the very day following the last meeting here a man and his wife came to see me. The woman Is the mother of three children, with one yet to be born. She suspected that she was a leper, but she had con fidence hi (me and came to see me. We talked the matter over the same as it would be talked over in a family and I told her to go back home until her baby was born, then to come and we would talk the matter over again. She was not chucked Into the lej.er wagon, as some people think we do. Other people come to me. They have confidence in me. At the Settlement the very first man to express Indignation at the reflections made upon their law and order was William Notley. I slept there with the doors and the windows unlatched. I know those people. They know me. When I passed over the pali on my way back, and that pali is dangerous, there were many prayers that I might pass it in safety. If the Board of Health were properly represented to the people there would not be this feeling against the board thi.f is abroad. In doing what I shall proD ably do in the matter of this resolu tion and petition, I shall not probably be guided by my reason." ALL PRAISE BOARD OF HEALTH. The remarks of the president were followed by short speeches from nearly every member of the delegation. every one of whom stated that the Board of Health was doing all that was possible for the lepers and was worthy of commendation In practically everything the members had done, with the exception of the stand they had taken on the Wallach matter. Charles Not ley said that the Hawaiians were clinging firmly to this one hope and urged that their hope in Wallach be not taken away without the man being given a trial. Senator John Lane re minded the president that if the HaJ wanan electors snouid be forced to it they had it in their power to elect a 'straiKht Hawaiian ticket by drawinsr the color line. He stated that Wallach was 'not to be considered in the matter at all, but the wishes of the Hawaiian people. H. J. Mossman, Frank Harvey and J. M. Poepoe followed along similar lines, and Supervisor Fern concluded his remarks by saying that the Hawaiians would know what to do with Wallach if his trial should prove him a faker. '' William White informed .the president that this was a case "where he had to exercise his faith and not keep insisting on proof of Wallach's cures being presented. He stated that he had seen neither Queen Victoria, George Washington nor Jesus Christ, although he believed that there had been such people. He wanted to have- another meeting between the president and the delegation, something which was sat down on severely by the other members of the delegation. At the conclusion of the meeting Mr. Mossman moved a vote of thanks to the president, which was seconded by Senator Chillingwortn and carnea. WAYS AND MEANS. After the meeting had broken up, President Pinkh'axn -discussed the matter in an informal way. He called to the attention of the delegates the fact that the monthly appropriation for medicines for the settlement was $1250, while last month the expense had been 'over $1700. "That's all right," said "you overdraw if you wish to. We'll see that you get what you -want." "Well. when I ask for a hospital next time, you give it to me. I want to tell you that that hospital is being built anyway just as fast as we can save a dollar to put into it. We are crowded ail the time for money, though. There has never been a time when we could give the people regular hospital treat ment and you can't make the people take their medicine regularly without it. You can't take even a leper by the scruff of the neck and make him swal low medicine if he doesn't want to. He'll just spit it out. As it is, though, we are doing a lot. I want to tell you that we have had just as many 'cures' at the Settlement as you have ever had in Honolulu." WANT TO COME TO KALIHI. While as a result of the meeting yesterday it can be taken for granted that Wallach is to be given the chance he wants, it was not brought out definitely just what is to be done for him. The resolution of the lepers themselves states that they want Wallach to have absolute charge of his patients, and this is what the Board of Health will undoubtedly insist on, washing their hands of all responsibility. But the lepers want to come to Kaiihi for their treatment. In the letter received on this subject by the Advertiser from Kalaupapa, enclosing the resolution quoted above, occurs this paragraph: "President Pinkham gave assurance if the board approve or J. Lor Wallach and his treatment he -will have the new hospital now built at the Settlement for that purpose and that we committee of seven will bear all the responsibility in looking after J. Lor Wallach. that he should not go beyond of what he is permitted. I suggest to you to tell J. Lor Wallach to insist ofj having his treatment carried on at Kaiihi, which is better all round for him and his patients, for this reason, 'fc'.A. "w. ii K L . f Ty - INHERITANCE TAX In the matter of the estate of Ju'la. Anthon Paty, a somewhat peculiar state of affairs is described by A- T. Erock in an" affidavit filed in the Circuit Court yesterday. Brock says that himself, E. H. Wodehouse and W. R Sims were appointed fo' appraise the personal estate of the decedent July 17, 1905. Before the appraisers could get together and appraise the estate, Brock went to the coast and didn't get back until October 3, 1903. Meanwhile Wodehouse had gone to the coast and did not get back until November, 1905. Then some of the heirs were out of the Territory. Then Sims went to the coast in November, 1906. Then John was appointed in Sims' place. Meanwhile the personal property of the deceased had been divided up among the heirs and the appraisers had a lot of trouble, apparently, to get the property together again so it could be appraised. Finally they ap praised it and made their report De cember 21, 1906, but meanwhile the eighteen months since their appointment slipped away and terminated December 17, 1906. The personal property is described as consisting of jewelry, furniture, sugar stocks, etc. The matter is of importance because of the inheritance tax which must be paid. INTERESTING QUESTION. M. T. Simonton, as master, has filed a report in the matter of the estate of Antone Kodriques, deceased, with Judge' Lindsay touching the question of what the principal of the estate consisted of up to and including December 31, 190G. The estate is an old one and a former executor of the will proved insolvent and legal proceedings had to be prosecuted to collect from his bondsmen. The estate is small but some interesting questions are raised in the report. LILTHA STREET CASE. An order has been issued to James Horner, the court reporter, to prepare a transcript of the testimony in the injunction proceeding of the Territory of Hawaii by Charles R, Hemenway, Attorney General, against the Honolulu Rapid Transit & Land Company. This is preparatory to an appeal by the Rapid Transit company In the Llllha street Injunction case. LIBEL FOR DIVORCE. Chang Akana has filed a libel for divorce against Malia Akana on the ground of desertion. WILDER PRESIDES. The Supreme Court yesterday. Justice Wilder presiding, denied the motion of the plaintiff-respondent in the case of Oahu Railway & Land Company vs. James Armstrong that the mandate of the court Issue at once, and before the ten days allowed by the rules of court. The mandate will Issue in its regular course. DIVORCE GRANTED. Judge De Bolt yesterday granted a divorce to Torajlro Mltobe from Miki Mitobe, on the ground of desertion. INVENTORY FILED. An Inventory filed of the estate of the late Emelia da Aveiro, was filed in the Circuit Court yesterday. The only property left was a house and lot on Kuakinl street, near Llllha, estimated to be worth J3000. BEFORE JUDGE DOLE. Nectarlo J. Lulz was arraigned in the United States District Court yesterday morning, but" reserved his plea. He is under Indictment with Isabella for violation of the Edmunds Act. Isabella, however, did not appear. She will be brought in by process of the court. , , Lam Yip and Lam Shee, indicted for peonage, were also arraigned and plea reserved. Lam Yip, for violation of the Edmunds Act, pleaded not guilty and his trial was set for November 11, The court will meet at 9:30 o'clock this morning. DEMURRER OVERRULED. Judge Robinson yesterday overruled the demurrer of the defendant to the plaintiffs complaint in the case of Ethel Barr vs. the Honolulu Rapid Transit & Land Company. NEW TRIAL ASKED. In the ejectment proceedings of Mrs. Elizabeth Booth vs. J. H. Schnack, tried before Judge Robinson and a jury, a motion for a new trial has been filed by the attorneys representing Mrs. Booth. DISCHARGE IN BANKRUPTCY. Judge Dole in the United States District Court granted final discharge in bankruptcy yesterday to Edzel Markle and Joaquin M. Camara. Markle's blllties were $737.45 and his assets $2.90. Camara's liabilities were $17,-298.57 and his assets $11,789.63. they are confined there and can not get out, here they will get out, get drinking swipes, etc., and the treatment be worthless. I know this foil a fact in regard to Dr Gote's patients. Another reason, food Is plentiful there and also the drugs, while here we have only of what rations we get from the board and drugs it takes two weeks to get here. With this it is a drawback." Wallach has publicly announced, however, that he will do jusUwhat Is arranged for between the Board of Health and the Hawaiian leaders, but it is possible that there will come a further jangle and the matter be reopened. WHAT IS THE HOUSE'S COLOR? A written opinion was filed yesterday In the Supreme Court in a case previously decided orally. The case was that of Tsuruda vs. T. F. Farm. The story as told in the opinion, which is by Chief Justice Hartwell, is interesting. In part it Is as follows: OPINION OF THE COURT BY HARTWELL, C. J. The plaintiff brought replevin In the District Court of Honolulu lor "one puakea (dun colored) horse, with black mane and tail and dark legs, and branded on right flank M E (the latter letter 'being indistinct)," and the-defendant obtained judgment. On appeal to the Circuit Court, jury being waived, the plaintiff In November, 1906, obtained Judgment, which was set aside and a new trial granted for absence of a material witness for the defendant, to wit, one Hyoda. In De cember the case came on again for trial, resulting in a decision for the plaintiff. The defendant's exceptions are (1) to the denial of his motion for a for a material variance between the description in the complaint and bill of sale of the horse put in evidence by the plaintiff, whicli is translated from Its Chinese characters to read: ("This bill of sale for one red horse for the price of $26 and the-money was paid in full today, and branded on the left hind leg with a brand M E. Dated December 27th. 1903, Kong I. In and stamped Kong Hoon"; (2) to the refusal to allow the defendant to testify from his recollection as to the testimony given by the witness Hyoda in the lower court, the defendant having obtained a subpoena for Oahu issued November 26, and, upon its return December 6, unfound, another subpoena the same day for Maui, returned unfound December 18, the day the case came on for trial; (3) to the decision on the ground of the material variance above mentioned. The plaintiff's witnesses described the horse as of a "dirty white color, " the color of the wall," designated by the court as "coffee au lait." This answers well enough the description in. the complaint, "dun colored," as well as the description in the bill of sale, "red horse." The brand, stated in the complaint to be ME on the right flank and in the bill of sale ME on the left hind leg, when the horse was examined by the court, was claimed by defendant's attorney to be W F on the right hip, which the plaintiff ex- plained by saying, "The hair was long before and it looked blurred. My mark is exactly the same with the exception of that." The plaintiff, corroborated by other witnesses, identified the horse by pointing out, among other marks of Identification, a mark on the right eyelid, a piece of which had been accidentally cut off, he said, while the horse was In his possession. The cases cited by the defendant are to the effect that a complaint for two bay horses, when the proof shows that one of them is a sorrel horse, is a fatal variance (Taylor v. Riddle, 33 111. 567); that the recorded brand and the brand upon the animal must correspond or the discrepancy be satisfactorily explained (Myers v. State, 24 Tex. Ap. 334; 6 S. W. 192); that a brand recorded as upon the hip, while the evidence showed it to be on the ribs, is too great a variance (Priesmouth v. State, 1 lb. 4S0); thatA recorded brand as on the left hip, with evidence that It is on the side, did not preclude admissibility of the record in evidence, and that the record, unsupported by other evidence, would not be sufficient proof of ownership (Harwell v. State, 22 lb. 251;, 2 S. W. 606); that a of twenty-five head of cattle branded with a specified brand on the left-side and Z on both hips, would not include eighteen head of cattle with the same brand on the left side and the remain ins seven with Z on both hips (N. H. Cattle Co. v. Belby, 37 Mo. Ap. 43); -and that it is error to instruct a jury that they might disregard description of brands In determining the sufficiency of a description (Packers' Bank R. R. Co., 114 la. 621; 87 N. W. 653. Deborb v. Johnson, 11 Colo. Ap. 402.). In this case, however, the judge who heard the evidence and examined the horse was satisfied that it belonged to the plaintiff and we can not, as matter of law, say that he was wrong. The discrepancy between the and the evidence appears to have been explained to his satisfaction and there was evidence to support his finding, j ' -i AEBIAL EXPERIMENTING CLUB. Announcement was made at Halifax, -N. Sv Tuesday of the organization of the aerial experimenting association, with a membership including Prof. Alexander Graham Bell, the inventor; Capt. F. W. Baldwin of Toronto, aeronaut; G. II. Curtis of Hammondsport, N. Y., expert in motor construction; J. A. D. Macurdy of Toronto, and Lieut. T. Selfridge, 5th United States field artillery, expert in aerodromics.( The association was. organized at Halifax, Monday night, at a banquet given by Prof. Bell to Capt. Baldwin, who, on Monday, made a successful airship flight from that city. It was the first time that Prof. Bell, who for years has been" studying and experimenting in connection with aerial navigation, ever had seen an airship actually in flight. The new association will be incorporated in the United States, and will carry on the aerial experiments which Prof. Bell has been conducting at Beinn Breagh, K. S. Headquarters will be established at Washington for the winter, and which in the summer will, be transferred 'to Baddeck, C. B. Springfield Republican. f The Royal Automobile club of England has Instituted a system of awarding certificates to auto drivers for proficiency.