Newspaper Page Text
lllfMhm MHWNbTl JH inwMfcMi HAWAIIAN I TUESDAY, FEBRUARY 6, 15)12 MvIMVElLY. tama HAWAIIAN BODEfilOK 0. MATJBEBON EnUfetl.at the Postoffice of Honolulu, H. T Second-Class matter. Issued Tuesdays and Fridays. Subscription Rates ir Fr Montli ,..'. 9 ,251'cr Month. Forolgn $ .35 Jflsr Tears ;.. . W.00Pcr Toar, JPordgn ...., HOO Payable Invariably in Advance, CHARLES S. CRANE, Manager. TUESDAY 1 QUIRKS AND QUIBBLES. Of cutirsf our law is all right. Tho lawjors themselves say so and so o tlie judges, nnd surety they should know. Nevertheless when a local court turns iiiun n public odlclal, who is threatened in tho execution of bis duty to tie publi'a, nnd upholds the innh who lino threatened Mm, some wco small doubts ia to the exact value, of our schomo of criminal jurisprudence is apt to onter into tbc uncultivated brain of tho rank layman. Of courso what, bo thinks has little teal bearing on, tho Tnntter. If ho fails to boo tbo vast importance in deciding tho guilt or guiltlessness of "tho" befpro the statement that tho hour ot the mlirder was six, or proves incnpablo of understanding tho Vital import In tho insertion of a comma, where no comma should be, nnd its effect upon tho facts in tho cato under trial, it is simply becauso bo is a bonightod and illiterate, outsider and as such not entitled to an opinion of any sort on anything at all. If no waro not so sorry for Judge Robinson in hli lack of any real familiarity with tho City of Honolulu, whero bo has lived for so many years without baring been ablo to learn tho names of tho streets, wo might bo Inclined to think ho was ono of tbo vast army of quibblcrs when bo granted tho motion of Attorney K. C. I'ctora yesterday nnd ordered tbo jury to frco Captain Bowers tjf tho chargo of interfering with nn ofllcor of tho Inw in tho execution of his duty. As it is Tho Advertiser wishes to express its sincero sympathy for the court nnd tho jurymen on their poculiar predicament. It must ho sad to bo reduced to such a stato of mind that aftor years of rcsidenco In a city they are unahlo to remember wbothor ono of tho most prominent and best known streets is in Honolulu or South America, Ts it posslblo that tho constant strain of bis judicial duties hss been undermining Judgo Robinson's faculties nnd be has forgotten oven tho namo of Punchbowl! What Judgo Robinson really meant yesterday when he turned Captain Itowcrs loo so without tho form of a trial on tho rights and merits of the enso at bar, wns that "tho dignity of tho law must be maintained." And that phrasa being translated into every day Anglo Snxon means Bimply hat tho court says to tho counsel for tho defonso nnd tho counsel for tho stale: "Gentlemen tho law is so full of loopholes nnd foolish, quibbles and tricks nnd turns and shady places that if you are clover enough to discover them nnd uso them tho court will, as a lawyer itself, bo greatly edified at tho sight of your coat tails disappearing through ono of tho countless boles in tho fabric of tho law. Thoroforo get busy. Duck nnd dodga as much as you like Count on mo to see that tho rules of tbo game are observed, gentlemen." It is a sorry sight to seo men supposedly brainy torturing words and ignoring facts to tho utter exclusion of common senso and justice. If tho children in tbo Kaknako kindergarten decided nn thing with so littlo regard for essentials as do our courts, in many instances, there would bo a burry call for Doctor llmcrson to test their sanity. Twoedlolum and Twcedlcdeo. SIDELIGHTS ON THE INVESTIGATION. In tbo mutter1 of tho sending of a representative- of tho federal government hero to look into tho charges mndo against Governor r,rcnr by Delogato itubio, it is well to huv'o authentic 'and clear information at hand as to tbo actual 'situation 'in 'Washington on January 22, tbo day beforo tbo sending of tbo eablo to Tho Advertiser by its Washington correspondent announcing that a "special commissioner" wns to bo named by tbo President. Our present mall ndviccs havo'this tosay: "Tho Delegate las boon assorting that tbo, President promised him to send a man to Hawaii to iavestlgato the, charges. It was finally ascertained from tho President that tho facts wcro something liko this: Tho Dclcgn,to did not request but domanded of Secretary Fisher that a man bo scut to Hawaii in thaj. connection and, tho secretary promised to,tako it tip with tho President.--' "Tho President told Secretary Fisher Hint ho did not intend to meddle n tho affair but would await his, Fisher's", recommendation. It was stated at tbo White Houso today that, notwithstanding tho Delegate's assertion to tho contrary, tho President had not promised to send a man hut had turned tho matter over to Secretary Fisher. Still later, when Sccrotary Fisher brought tho matter anow to tbo President's attention, tbo latter said it might bo well to namo a special commissioner to Hawaii who would have not only powor to iuvestiguto into tho governorship but at the same time muko report ntf to tho further military needs of tho Territory. Tho President went oven fur- thor and intimated that such special commissioner might bo given still broader scopo of action." That tho President did consider tbo GAZETTE EDITOR FEBRUARY 0 advisability of sending a special com missioncr to Hawaii is plainly ovideut; and it further nppe.irs that tho investigation of Governor Frcar's conduct of his ofllco would not bo the full causo for his coming. Tho last part of tbo statement is, indeed, oven deeper ia its meaning as somo X tbo opponents of a commission form of government reluctantly admit, j, H- HUMAN SIDE OF A GREAT AITAIR. " Always whero there is a woman's nppcnl, accompanied perhnps with tears, there is noer lacking a world of sympathy ecn though tho refusal to aeccdo to tho woman's side of the question bo regarded as tho better way. The DoHnger Hmprosi of China, upon tbo occasion of tho threatened resignation of Yuan Shili-Kni nnd his cabinet, was deeply moved to think that her friends would desert hor in tho tlmo of need. Togetbor with tbo seven princes she nwaitcd in tbo pilaco tbo arrival of tbo Premier and tho other ministers. Tho Premier, when admitted, place his and tho ministry's resignation in tho hands of tbo tbrono, and then camo tho pleading of this Empress, touching in tbo extreme. A report gives hor words as follows: I am a woman and tho Emperor is of tender ago; tho affairs of tho Emplro miiBt ho in tbo hands of tho ministers. If thoy suceood bo will bo indebted to them and if they resign it is impossiblo for him to coruo to any solution and tho dynasty will bo in danger. Whatever jou do I shall guarantee, that, when ho comos of ago 1 sball testify to your loyalty, and whatever tbo issue, shall answer for it that ho shall not reproach jou. 2rf '" Yuan explained to her that tho population sustained with Elf (heir power tho republican causo and that it was well nigb impossiblo to mako them como back to tho old'idea. Tho Promior himself, the dispatches say, was deeply effe'eted and the Kmpress wept. Thus always, empress or serving maid, queen or tablo girl, tho eternal fominino has powor to move tho eternal masculine with tears. 1 i WHEBE OEEDIT IS DUE. Kvory ouce in a while too ofton to allow oven tho public to forget ono of Undo Sam's sailors does something that sustains tho traditions of that service and makes his follows proud. Frodoriek Shaffer, who gave his llfo freely Saturday iiftemoou in order that a woman might live, is one of thoso men and bis comrade, Ed Wright, equally bravo, but more fortunate is another, There nro no words strong ouough to express tho admiration all men feel for such n deed, aud tbo members of tho crew of the Colorado nro to bo congratulated upon having had such a messmate as Fred Shaffer. Tho Advertiser hopes that out of his death something still more far than tho saving of tint life of Mrs. Carlson may come, worthy as that was in Itself. Wnikikl has hart too many and (oo many doaths. It is not the fault of the beach, but rather of tbo recklessness of tho men and women who bntho there, lliiny of tho visitors to tbo place, lulled into security by tbo beauty of tbo waters and tbo fact that tho reef breaks tho surf far front tho sand, venture beyond their depth and into danger. This is foolish even In a swimmer, unless liu knows his wntor mighty well, but in thoso who do not sulm or nro poor performers it is little loss than wicked. Not only do they jeopardize their own lives, but they put in peril tho lives of tho bravo nnd unselfish men who answer their calls for tho aid they should never havo put themselves in tbo position to require. That tbo death of Shaffer has caused tbo Outrigger Club to organize a corps of llfpsavers which will have patrols on tho beach to watch oot for loeklcos bathers is tho best memorial tbo dead icaman could havo. A DIVIDED HOUSE. Cablo advices from tho East indicate that Sonator La Polletto is feeling i ho strain of his campaign in behalf Of his own presidential boom. Tbis In injunction with other information to hand seems to Tbo Advertiser to that something is tbo matter with tho aforesaid boom. Indeed there aro jfot locking tboso who insist that the boom has been a fizzlo; tlot tho country has refused to recognize in Sonator La Follotto, tho deliverer he has proclaimed, himself nnd tho reception of his assumptions and bimsolf has, been about as cold as anything tbis sido of tho Canadian line. In .casting abut for tho possible causes of this, we must look deeper into, tho puzzlo than tho surface, for whether wo bo forMilm or against him wot must admit tho chnrm of tho man nnd the apparent honesty of bis convictions. Few situations can bo judged by tbo frurfaeo indications. Thcro is no doubt then that In tbo United States today a moro or loss strong movement is voicing tbo recognized spirit of unrest.. That spirit is seen at work everywhere It is ns powerful in politics as it is in business and as poworful in tbo church as in cither, but apparently La Follotto, although ho is a priest of tbo cult is not to bo tho High Priest. To this paper it scorns that tho causo for his rejection by tho rank and fllo of tho so-called progressive clement in tho Republican party lice not within Mm but within tho movement.) Tbo movement whllo advocating somo of the dogmas of socialism public ownership, conservation and tho like is essentially individualistic. Each leador of tbo progressives tho Cummins, tho Plnchots, tho Garflolds, tho Johnsons, and oven tho La Follcttes is aiming at the highest porch upon which to seat himself. In other words Ihero ia no cohesion among tho progressives In tho movement. Tbo members wnntv something. Thoy feel and perhaps rightly that thcro is a good deal in our present condition that might bo bettered by wlso and just legislation wisely and juBtly carried into execution, but for the llfo of thorn 'thoy can not agree upon just what that something is. Tho great need of tho movement at tho present timo thoroforo is a leader, who in himself is ablo to overshadow the other leaders, concontrato tho attention of tho movemont upon himself and his ideas and gain the support of tho other candidates for office high and low. In short a man who has tho ability to sum up in bis own person the hopes and ambltionB of his party follows. It is tho groat rock upon which reform in all ages has split. Tbo reformers could not agroo, and tho world !b a good many thousand of years behind where thoy would have put it for that unfortunato cry of "me first," which most of them havo heard in their own hearts at critical moments when might have won tbo victory. Garfield and Plnchot declare thoy aro representing Theodore Roosevelt. But in tho cosy corners of their mindB there hangs a picture of an cntiroly different individual, and personally they beliovo that tho original of tho photograph possesses all of tbo virtues of tho Nimrod of Oyster Bay and nono of his shortcomings. To our way of this particular phaso of tho situation is going to savo Mr. Taft a good doal of trouble. Were it posslblo to conccivo a chain of circumstances in which Plnchot, Cummins, Garfield, Hiram Johnson and tho others, could dismiss their nmbition, como out for Boosovclt and he advance into tho open and gather his forces, Air, Taft might havo a puzzling timo to heat tho coalition. But such a thing is impossible. Tho progressives are not for Roosovclt, while in somo things ho socms to ho with tbcm bo is really for Mr, Roosovclt. La Polletto lias bitterly attacked him. Garfield had well, Garfield has left unsaid thoso things which bo might havo said regarding tho man ho claims to bo supporting. As for Pinchot bo, too, might havo been warmer in his advocacy ttf his leader. , To sum np then. Tho troublo with La Follctto's boom is that thcro is iack of cohesiveness on tho pnrt of bis faction and ho JB not strong enough magnet to draw all tho particles together into ono adhesive whole. But worse thnn that is tho Bbndow of tbo giant at Oyster Bay. Roosovclt still looms largo on tho horizon and those who aro planning to enter the presidential lists must still reckon with him. That ho wants tho nomination of bis party, despito bis, assertions to tho contrary, is a well recognized fact, and that there aro still powerful friends, who, if it bo within their powor, will give bim that nomination is to bo gathered from the assertions of Governor Stubbs of Kansas tho other day. ,, Confusion thoroforo reigns in tho councils of tbo progressives. Wo do not pretend to forecast tho result, fevfi that wo havo heard somewhere an oold anil "most wise saying" to thV effect? "a houso divided against itself" is npt tho best kind of a building h,iso as campaign headquarters. On tho othor hand, and to chnngo tho figure, thoro, aro encouraging signs that the regular Republicans aro gathoring' their strongth for tho coming fight, and will not chango borso in tbo nflddle"of the stream. t;5. r r, ' IS WARFARE BECOMINq' LESS . DEADLyV Thoro arc not wonting authorities with reference to things military who aver that tho improvement in arms bns actually rendered warfare less destructive, nnd that in theso days of fearful engines of war the slaughter is much less than it was in tho old days, of muskets, of bows nnd arrows and of band to hand conflicts. In nddltion.Jt 'may bo pointed out that the modern wars havo been mercifully shorter, and so less sanguinary than those of the centuries guno. ' Under tho primitivo conditions of fighting, when gunpowder was unknown, wars drifted on for generations, evon for centuries. England waged war with Scotland almost without Intermission for a hundred years, and for a liko period with Prance. The Thirty Years' War and, later, tho Seven Years' War, aro epochs in military history. Our own civil war, though fought with muzzle-loading guns, lasted but four years. About a year thorcafter Prussia overcamo Austria in seven short weeks, and in 1871 tho German power overwhelmed that of Franco in somo eight months. It took Undo Sam only ninety days to dissipato the power of Spain in two oceans. If tho figures of history nro correct terriblo slaughter reigned in tho old days when men met in hand-to-hand conflict nnd quarter was neither asked nor given. In 451 A. 1)., at the battle of Chalons, when Attila tbo Hun and tho Romnn legions under Actius mot, it is Bald that not fowor than 100,000 men were slain. Indeed, by some tho number of killed lias been placed as high as 300,000. At Hastings somo 30,000 men fell, though tho numbers ongaged were small in comparison with tboso in modern battles. Wo aro told that at tho Mctnurus Hasdrubul's Carthaginians wcro practically annihilated. At Aquae Sextiao and Vcr7cllao tho Cimbri and Teutons wcro completely exterminated by Mnrius; a hundred years later 30,000 Romans were wiped out by Arminius in Toutoberg Forest, and 80,000 Romnn citizens of the Greek cities wore slain in a single day by tho soldiers of Mithridatcs. At Crccy thoro foil 1200 French knights, 1400 gentlemen and 4000 men nt arras, besides 30,000 of iuferior rank; 10,000 men were killed nt Agincourt and 1-1,000 were taken prisoners; and about 10,000 mou, too, wero slain out of tho 70,000 who fought at Floddeu; whllo out of tho 100,000 ongaged in tho ficrco battlo of Towton 30,000 aru reported to have; fallen in the battlo nnd pursuit. In all these oldtlmo battles, where the wenpons wore bows and arrows, swords nnd battlo axes, nnd where no' a distance of moro than a few hundred weapon was available that could kill at yards, the mortality frequently rose to ono in ovory threo or four fighters engaged, and somotitnes exceeded this enormous poreentago; whereas in mndrn battles, with weapons far more deadly, a proportion of ono in twenty, it is claimed, has rarely been exceeded. At Alma tho casualties wero fifty-four a thousand, or, roughly, ono to 18.5; at Inkormnn thoy wcro ouo in twenty; at Sedan, ono in sixty; at Ono in ono hundred and eleven, and at Waterloo, one in twenty-four. In tho Crimean War, it has been calculated, 742 shots were rcquirod to despatch ono fighter, and at Gibraltar 25S.3S7' shot .and' shell found only 1311 human targets, and of these many wero merely wounded. During tbo Franco-Prussian War ono flghtor was dihabled by every 254 shots. -H- ONE WONDEE OF PANAMA. A survey of tho death rute among tho women nnd children of tho canal zone, says tho Army and Navy Journal, gives conclusive proofB of tho achievements by tho officers of tho medical corps of the United States. Army. Of tho seven whito employes "who died in October last only ono was nn American. Tho only death among white Americans not employes was a child of fifteen months. "Think of what tbis means," bays tbo Medical Journal. "Nearly 12,000 white ineu, women und children fom tho United States 11,830 to bo oxact aro living happily, comfortably and safely in what a few yenrs ago was a hot bed of disease, and tho annual death rata among them in October last was only 2.03 a thousand, "To the objection about tbo zone inhabitants representing largely mea in the prime of llfo, it might bo answered ulso that they represent a population expatriated for tbo timo being and living ia climatic conditions foreign to tjieir previous environment nnd making thorn unusually susceptlblo to discaso. "Medical mon who understand tho great sacrifices nnd dangers lnvolvod ia bringing the roue up to its present state pf hcalthfulness will doubtless And themselves supported by a lnrgo body of public sentiment in their efforts to prevent any lowering of tbo medical standards that have so far regenerated the isthmus ami lifted from St tho curse of apparently unconquerable disenson." PLAN DIRECT TRANSPORT SERVICE FROM SIN FUCISCO Til HONOLULU Tho war department is seriously con sidering a plan to take ono of tho transports out of tho transpacific 'service between Honolulu and Manila and rjlaco it on tho1 San run, Tho action will bo taken to better serve tho military establishment hero which in .two years' timo will number nearly as mnnv tnowns as nro. now stationed in tho 1'hillppiiiCB. nas jusi como irom Washington that a' local transport will bo absolutely necessnry, to transport discharged men back to the mainland, bringing recruits hero to fill up tho various regiments, transferring the organizations to and from tho Coast, and currjrmg supplies, To suoolv the armv in tha hI.IiA ika AMA.Bn lws.vn.1nHl Jl.n, .hIT. " iiiu uutuu iiaioinjiv vvyij )JH t tho exception of tbo .smaller vessels, ifi kept constantly on tbo move", a troopship leaving-San Francisco on tho fifth of ovory month and unofher leaving Manila on tho fifteenth. Tho reduction of tho number of troops la tho Philippines will, onablo FRIENDS f THE DELEGATE HOLD SECRET'. "': SESSION; LISTEN TO SAM PAIH According to reliable authority tho friends of Cupid met at .tho liorrio of Robert Shingle yesterday afternoon in a most tremendously secret meeting. Among thd' leaders reported to havo bean in the gathering wcro A. I. C. (Jack) Atkinson, Bob Shingle, city and county treasurer, John C. Ianc, politician and Sam Parker of Waikiki. It is understood that tho object of COURT DEFINES Supreme Tribunal Says Lower Court Erred in Famous 'Kukaiau Case. (Prom Sunday's Advertiser.) , In bis decision 'in tho famous Kukaiau caso, banded iiowa yesterday morning, Chief Justico Robertson, of the territorial supreme court, defines certain phases of tbo corporAtion' law for tho first timo. Tho ChierJiisticO finds tho lowor cqurt erred in granting a peremptory mandamus to Albert Hor-nor, president of tho Kukaiau Plantation company, limited, in tho suit brought by his brother, Robert Horner. After finding that tho "motion to quash tho return was improperly granted," tho court orders that the "order appealed from bo set asido and tho caso romanded to tho circuit court for further proceedings." Tho Writ of mandamus naked was to forco Albert Horner to call tho nhmial meeting at once. Tho timo set corporation's bylaws is in October, but tho custom of tho company has been to bold tho meeting in tho last week in Pebruary. What tho Court Thinks. In his opinion Chief Justico says: "Counsel for tbo petitioner point out that tho bylaws require the secretary to record tho proceedings at all keep tho bylaws and tbo charter of tho company, and that it was not alleged that any vote was taken on any proposition to clmngo tho bylaws, and thoy contend tint Robert Horner, not being personally present nt the meeting of Juno 5, 1D02, which was a special ono called merely for tho purpose of accepting tho resignations of tbo officers of the company, was not bound by tno agreement to havo been mado with to the of the annual meeting in February instead of in Octobor of each year. "Thoy also point out and lay stress nron the fact that the bylaws provide that all motions to alter, vary or add to theso bylaws shall rcquiro a vote of tho shares of tho company, nnd contend, upon authorities cited, that a bylaw can bo amended only in the mnnner called fori Coimeo! urge with much force and reason that courts should he slow tq find roguiarly adopted bylaws of a corporation to havo been changed by 'hnpbaziiTd' and 'slipshod' methods, and that it would only bo reasonable to hohl, that bylaws are t,o bo altered only in the manner prescribed in the bylaws themselves and after notice to tbo stockholders of tho Intention to amend tbcm, OutlinM tha Law. "On tho other hand, as nbove stated. tbo return shows thai tho petitioner has all along known thnt since, 1002 no annual meeting of tho company has been called for the month of October, but that the mooting has been held in February of each year, and that the petitioner acquiesced and participated in tho change. Conceding that the petitioner wns not. bound by tho understandings reached nt tho meeting of Jnne 5. 1902, nnd. notwithstanding the agreement, might have insisted on tho observance of tho bylAWB, it appears that ho did not take thnt course, but remained silent until November, 1011, when ho requested that tho annual "otini be called forthwith. Tho im- of tho notitlonBT's conduct in this regard is illustrated by tho case of rTlkins versus Camden Rnilroad Co., 30 N. J. E. -107. In that ease n board of directors acting without authority adopted n bylaw changing the date for holdiog the annual meeting of tho stockholders nnd the court held that the stockholders, by meeting on the tho war department to reduce tho number of transports in that sorvico and nt least ono of tho larger vessels eaa bo put ou tho San route. Information also comes from- Washington that tho war department will rcquiro tbo naval wharveo at Honolula earlier 'than anticipated.- Tho Advertiser published a story a short1 timo ago) that the war department had madft. application not only for tho 'naval wharves but a pottion of tho naval station gtounds, as'thoy will not bb ncodod after tho Pearl Harbor station is established. At tho present timo tho 'transports aro , sent tptf any wharf thai , happens to be uuoccnpiod by "other shipping. Thero is n growing necessity in too quartermaster's department lor a Thn unvnl nltirvn nA. tm.i ... - .. .1 & '. ,f j. M. .& u"u Jiu bucu jirufcucuun at proaont. Tho wax. department Will shod them over tvhen turned otct to' tho Army by -the Navy. Tho .growing importance' oT the military establishment of Oahu will in time demand tho assignment of a to tbo la hinds, r the rneeting was to preparo the way.. fop Ku'uio when ho arrives hero, andj. also to War tho report of Sairt"larkor,'' who returned tbo other day from-Washington, whero lio is understood td haVo had close confab with tho Territorial Dclegato. No definite information of tho gathoring could "bo obtained last night, but at Mr. Parker ' homo in "Wolkiki it was stated that ho had not returned irom Pearl City, and was not expected back Inst night. changed date and proceeding without protest or objection, must bo, regarded as having assented to tho change, and thnt subsequent meetings should bo held on the day so fixed. Subsequently-to that chango tbo directors attempted by resolution to again chango tho timo of tbo annual m'eeting, tho effect of which cllnngo would havo boon to prolong their term of "office, and it was ruled that the clinnctf should bo eiH joined at tho instance Of an objecting; Stockholder. ,' Purpose of Bylaws.. ' " ?, "Bylaws aro adopted for tbo regulation of tho business of tho corporation nnd tho 'conduct of its officers. Thoy aro obligatory on all tlio stockholders, but, like tho term's of a contract, somo or all of thorn may,,by tho ubhnlnious mutual consent or tao 'parties, do waived or'sqt astdo for the)1 time boing or permanently amended, and aii agroO ment to so set 'aside 'or law may oe snown oy acts- ana conduct as well as by words. . 'In; the enso. at jbar.it is immaterial whqther the bjJaw fit question? na "having, been "'permanentl amended or merely .act asido for tho (imo being. It is alleged in the return that Robert Horner's 'stock was present' at tie meeting of February 25, 1911. We understand tbo allocation to mean that tbo petitioner's stock was voted at that meeting, nnd thoroforo, that tho petitioner participated in tho election of ofliccra then held. Tbo officers so elcsted wiro, uccording to a bylaw, tho validity of whiph is not questioned, elected to hold oflica ,for one year fromtheir appointment and thereafter until their successors ho ap pointed. Under such circumstances wo feel satisfied tho term of tho present ofliccra cun not bo terminated within tho year at tho will of tbo petitioner though bo bo tho owner qf a majority of tbo shares qf tbo corporation." lays Down tho law. The law of tho caso is thus set down: "A by-law of a corporation may bo waived or set asido for tbo timo being or permanently umended, without formal action, by u course of corporate conduct inconsistent thorovvith in which all the stockholders havo acquiesced, notwithstanding anothor bylaw- provided that nil motions to amend tho by-laws shall rcquiro a voto of the shares of " A. provided that tno annual meeting of tho corporation blmuld bo held in tbo month of October, but following an iu formal agreement or understanding bad between some of the stockholders present at a mooting held on Juno 0, 1002, tho annual meeting thereafter was held in tbo last week of of each year without protest or objection on tho part of any stockholder. Another by-law provided that tho officers should bold oflico'for one J Our' from thoir appointment arid thereafter until tbo appointment of their successors. Held that a stockholder whoso stbek was represented and voted 'at the "annual mooting. hcld"in tho last week: of February, 1011. coald not demand that an annual mooting for the election of officers' bo held beforo tbo last week of February, 3012, though ho was not present at moot; ing held . on Juno 5,-. 19Q3, nnd now owns tbo majority of tbo stock of tho corporation." , MORE -CASES "ON KAUAI. Letters from tbo sanitary officers of Kauai Sunday brought President Pratt of tho beard of health notices of threo more cases of diphtheria and threo of typhoid on that island. Two of mo diphtheria cases are at Waialun and tho other at Wahiawa. Tho typhoid cases, two of which aro at Makaweli and tho other at Gay & Robinson's plantation, nro uppoded to be among Japanese, but no details havo ro ceived about any of thorn. Doctor Pratt will writo for details by this evening mail. .4- WOMAN CONVICTED. HEATTIin, Washington, February o. Sfru Hnrzard. accused of mat- slaughter, wns found guilty yesterday I of tho ebarco. The jury had been out overnight, and had trouble int reaching a verdict.