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niMRViiBiiwiia 4 Kn vwi mBMn p gMwwngroiiiaiW4iitMiS --'"---"- - t lf V' V VOL. LV. NO 2G. HONOLULU. HAWAII TERRITORY, FRIDAY, MAY 3, 1912. SEMI WEEKLY. WHOLE NO. 870S DEATH TO Fffi" 0 SUPREME COURT Throws Out the Claim Filed by A. R. Henderson. An Actual Residence Is Necessary, Says Tribunal. "Fako" nnd "dummy" homesteaders received a, finishing blow yesterday 'when the court handed down a decision in the celebrated and hard-fought test suit affecting the claim of Alfred B. Henderson to certain public land in the Kalwiki IH tract at Hawaii, upon which ho claimed to have complied with all bomestead provisions. The supreme court, in declaring -k against Henderson, interpreted the homestead law along strictly commonsenso lines, declaring that residence- upon a homestead ' means actual residence, that cultivation means actual cultivation by the homostcadcr - and not the tilling of the land by a corporation as an integral - part of any plantation, that subterfuges 'as "to planting k agreements can no moro bo resorted - to with safety and that bomesteading must bo bona do. The decision of tho highest court of the Territory declares k that tho homestead law of the -k Territory means what it is in-tended -k to mean; that its provisions -k aro not to bo technically - twisted and interpretations placed npon it whereby the - plain intent of tho law may bo -k evaded. -k From now on it is to br understood -k that homestoadlng in k Hawaii means just what it k should, the actual establishment k of "homes' throughout the -k Islands. Reversing Circuit Judge Parsons of Tlilo on evry important point, in the Kniwiki III homestead case, the court yesterday afternoon gave a decision that sustains tho Trear administration in practically all of tho contentions made with regard to the enforcement o the land laws, and lays down rules of guidance which will prove of vast importance in the future to all who contemplate settlement upon public lands. The Henderson case was ot interest as tho most important homo- btc.iiling test case binco annexation, nnu also because it was used in tho Kuhio charges against Governor Trear. Tho attitude of tho administration in ft? give titles to Henderson and others was cited as showing opposition by Frcar to homesteaders. The court nnw fiiuTa tlmt. Tlpnilcrson failed to com- with the homestcading regulations along the lino. In tho eourso of tho decision, rules are lnid down which mean that an) one trying to homestead public lands in the Territory of Hawaii must really make his homo on tho land ho seeks, and must do his own cultivating. A subleaso to a plantation is held to be a ioIntion of tho law. HarfrFought Case. Tho Henderson case was fought at great length iu tho court in llilo, Deputy Attorney-General Arthur (J. Siiuth appearing for tho Territory, and Harry Iruin for Henderson. Henderson took up a section of tho Kaiwikl BULLETIN EDITOB'IS FORTY-ONE TODAY I wamwwd k. vhmimvnm, 1 Horn m nruuli, Hmt, My , 1MI flNOTW DECIDES CASE land, as did a number of olhors, in 1007, nnd proceeded to muko contracts with Unkalau plantation whereby tho plantation was to pay him five dollars nn aero a year for his crop. It was shown during the hearing of the case that ho didn't make n real homo on tho plaeo, and seldom occupied tho small cottage erected thereon for him by tho plantation. Tho administration took the position that he, ns well as about forty others who took similar action, had not complied with the tonus of tho homo-stead laws, and were not entitled to titles to their various plots. Judge Parson held that tho law ns to had been substantially complied with. Tho only part of his decision, in favor of tho homesteader with which tho supreme court concurs is that relating to tho duty of tree planting. Tho higher court agrees that tho homesteader had a right to count trees naturally grow, ing upon tho land, s a part of tho number of trees which tho law required him to maintain. Must Bo Bcal Homo. But when it comes to the resideneo Continued on Tago eight. CONTEST COOPER'S CLAIM L M NEW CLAIMANTS TILE PAPERS AS FIRST STEP IN LEGAL PROCEEDINGS. Judge Henry E. Cooper is not to control tho Island of Palmyra, as his personal property, without a contest. Now Richmonds have appeared in tho hold, claiming ownership, and lileu a claim for possession in tho registry and conveyances department of the Territory. Henry Maui and Joseph Kauhoa Clarke, for, tho sum of ono dollar paid to Annio Ringer, the descendant of Johnson Bcswick Wilkinson, an alleged ""original" owner, now claim tho possession of tho island, and will seek to provo title by tho introduction of a copy of a will of Wilkinson, supposed to lmo been probated before Judgo Joseph S. Moore of the New Zealand supremo court in I860. Annie Ringer, whoso husband was William Itinger, a former well known politician, claims descent through Ka-lama, tho wifo of Johnson Wilkinson, Kalama being his first wifo. She states that Judgo Cooper holds Palmyra through purchase from thoir heirs of 11. Kakaawinui, tho second husband of tho eamo Kalama. Tho lato Judgo W. L. Wilcox secured possession of tho rights of the Kahaawinuis through W. "I. Wilcox and Elsio tho latter passing the deed to Judgo Cooper., Tho document filed appears to bo a part of a "Ashing expedition" on tho part of Maui and Clarke, tho latter having been a friend of long standing of William Ringer. Tho document as filed April 30, 1012, reads: "Know all men by these presents, that I, Annie Ringer, a widow, tho said wifo of William Ringer, deceased, of tho City nnd County of Honolulu, Island of Oahu, Territory of Hawaii, in consideration of $1 to mo paid- by Ilonry Maui and Joseph Kauhoa Clarke of said Honolulu, tho receipt whorcof is hereby acknowledged, do hereby give, grant, bargain, sell and convoy unto tho said Henry Maui and Joseph K. Clarke, all of my right, title and interests, in and to the Island of Palmyra, situate in the Pacific Ocean in longitude 101" G3' wost, and latitudo 0 4' north or thereabouts, tho said Island of Palmyra being tho same premises that wero devised to tho said Kalama, by tho said Johnson Boswick Wilkinson, by his last will, -Which was admitted to probate boforo Josoph S. Moore, judgo of tho supremo court of New Zealand on tho 29th day of Juno, A. D. 18C0. Therefore, I havo tho right to soil and convey my right and interests in tho said Island of Palmyra, which I inherit from William .Ringer, my deceased husband, William Ringer being tho only eon of Roboka Rlngor, deceased, tho daughter of Nanalkawaba (w), tho younger slstor of Kalama (w), mentioned In tho will of Johnson Bos. wick Wilkinson, being tho first JUusbijnt j or saw itaiamu (v), "And furthermore, being thnt.certaln portion of tho said premises which' wero told to W h, Wilcox by II. Kaliaowlnui, tliu second luwband of Knlnm&and J, Kulliuln, tho brother of Kamma, by .tliolr tltoil (luted Juno 13, A, D, 1880,' rwonieil lit Ulier VI, pugo t) and lining tho tamo premises ownml by W. h, Wil-1 coi, hem by J I miry 15, uonnor by ilooit i! I Itln Wiimlotiliorg am recorded In hi,, r "NH, j.BUt, 8S2. "To liuvs uinl tu Iml'l tliu aforpgrant' H ., mike, with all tunemeiil, fun, liiiroMmieiiU ft tit iiiiiriiAi(im to the kuiiio IiuIihirInk to tlio ill Henry Mini I unil Jniuiili JC. Clurlfu, tbulr holm ninl iiwiHim to ttji4 their own uie mnl iiilmiif furevir, "In wIiikm wlwrtmf Imvo Imrtiinto net my IhiimJ and uii en i 80lli iiy . April, A U, 1DIB, '(Miid) MM, ANNIH JIIWflifH, ' WiinwMKli fififiMlirii.iiii f( MMMTettmfMi(it(iwmffrffmm'irmMmMmmf E. V. WILCOX, Head of tho federal agricultural who has found unlimited quantities of potnBh in Hawaii. the Islands aro millions of tons of this black s.md, blown from tho bowels of the earth ns lava cinders nges ngo. At tho present commercial value of potash Doctor Wilcox estimates that ton of this inexhaustible supply is (Continued on Tngo 8.) WIDOW OF ASTOH'S VALET SUES THE WHITE STAR LINE NEW YOIUC, Hay 3. Tho first of tho scores of damage suits which aro oxpeetcd to result from tho Blnking of tho Titanic was filed here yodterday afternoon, when Mrs. Victor Robbins, widow of John Jacob Astor's vnlot who was drowned with hig master, filed her petition against tho WDiito Star lino for fifty thousand dollars. Mrs. Rob-bins alleges In her potition that her husband met his death largely through tho negligonco tff tho Olllcors of tho ship and oflicials of tho line, Tho suit is 'filed in tlio federal courts, TITANIC FUND HUGE. LONDON, May 3, It was announced hero last night that the fund which is Iiolng raised over tho ontlro world for tho relief of tho victims of tho Titanic mid their dependent relatives Iins now reached tho turn of mora than a in i) 1 1 on dollars, it ml Is still growing by leaps and bounds, Lord Mureoy, wreck coininimloBor tif 1 1 rait Jlrltnlii, Ihuii tliu ofllrlal Into the caumiv iiml ilutnili of tlio wrtcliM of tl'u gront itoamnr iiHiriiiiiK, ;il'mliiU of iliu Wlillu filiir Una iw well ns guvomniaiit nml HllcluU nro liulny HIIMAHP MOMJ BOATH. WAHIIIKUTON, My kaun ruiiiiiillli'n on iiicrclmiit miirliiu hit Mtjietlon(wl ilia lilll (ulrupM) uy "hBlriiuB J. W. Aioiii)r flf Mliiuuri it) III) II 1 1 H AlUOFlMII VWtfl vvllli llfu m$ um) to me for nil m in imnl Iwtli iiftuHUm wJ w, u M Df (Hwt PRINCE MY OF BEUSS IS Til VISIT HMERICA ON BOARD ilfll WiBSHIP BERETN, Gormany, xMay 2. Tho fleet of warships ordered to visit America will begin their voyage May 11. The admiralty has finnlly determined on tuo composition ot the division of the German fleet that is to return tho visit of tho second division of the United States Atlantic fleet to Kiel last summer. It will include tho armored cruiser Moltkc, under tho of Captain Rittcr von Maun von Tiechlcr; tho protected cruiser DISCOVER MILLIONS IN -SOIL 00 UNLIMITED SUPPLY OF POTASH Federal Agricultural Station Makes Find Worth Untold .Gold to Hawaii Experiments Complete. An available supply of potash, which for many years has been an essential ingredient of fertilizers in Hawaii and has been imported at no little expense from Germany, hnB been discovered in inexhaustible quantities in Hawaii by tho federal government's agricultural station. According to Dr. E. V. stuff has been found in tho form which will supply the essential cneml cal ingredients to tho soil, will . also. turmsh other plant foods, and improve tho general character of heavy lands. Tho ordlnnry black volcanic sand pr lava cinder which can bo found in quantities running up to millions of tons near any extinct crater in the Islands is tho source of potash upon which the chemists of tho experiment stntioit havo been working. Strangely enough ordinary lava which flows out of a crater contains about of ono per cent, of potash whilo this sand yields from two to seven per cent. The one feature of it which at first nppears objectionable is that it is not in an immediately soluble form but disintegrates slowly feeding the spil for years. On tho other hand, as Doctor Wilcox points out, the sand itself serves to loosen up heavy soils and the potash which it contains will not wash out in ono season's rains but will to bo available and will furnish tho soil with tho necessary element. Millions in Sight. On Punchbowl, under the city of Honolulu, on Tantalus, on Halcakala and near every live or extinct volcano on A WATER SHORTAGE With tho water taps in tho Manoa Valley almost dry, tho department of public works, to uso ungraceful language, is humping itself to remedy a serious condition in this important suburb. Tho immediate installation ot a pump at the lower Makiki reservoir, connecting with a force main into the valley is what the department now plans, to be followed by tho construction of a reservoir at tho top of Rocky Hill back of Oahu College, a former reservoir site. This last procedure, nlthough to ha commenced at once, tho government and uiotrustccs oi tho coiiogo having come to'nn agreement, will take a year to comploto and meanivhilo Manoa residents aro unable to get water for tho greutor part of tho Jny, Tho valley has built on so wonder fully -with such exnnueivo lawns and to suddenly demanded a largo water supply that tho department was uunblo to Icoop pace In tlio luck of appropriation to build u comprouonaivu water synUm, It was compelled to put in 'an emergency service of odd air..'H of plpo uml other liad features which line now reached tho limit of Us capacity. FRESH FIGHTING . NEfflJEXICD BIT! WI5XICO CUT, My 8. Aorillnn lo illjulrliD reenUftl liero from tlm IwhIjIh ot (Jliimutl, flvu liuiiilred littvd lm uttwcliisj y SW Imiiillli iinilir Zupullntft ln')r. At Din luit tei'Mlt ll.n luwu ot I'lulltuiii ImJ mu inlkni hy (Ii4 Imimh who lml liMt It DrlUr in IN Mt, Stettin, Captain von Krosigk, and tho protected cruiser Brcman, Captain Tho rear-admiral who is to bo in command of tho division has not yet been selected. Tho warships will probably return to Gormnny next month in timo to join tho rest of tho fleet for tho Kiel yachting wcok. The officers of the designated cruisers include Liimitenniit 1'rineo Ilonry of Rcuss, who is on board tho Moltke, nnd IJcutonant Brjnco Christian of . HK'T 'IHIH who will bo on board tho Stettin, but Prince Adalbert ot Prussia, the son of tho emperor, will not go to America. Princo Henry XXXVII. of Rcuss, who is to visit Amoricn with tho Gorinnn snundron. is tho son of the Into Princo Henry "XVIII., who died in the coursu of n railroad journey from to Wurzburg August Iti. Princo Henry XXXVII. was born at Ludwigs-lust, in November, 18S8. Uo is a lieutenant in tho German navy. HIGH PRICE OF PI OF III IT IEETI1 SUFFRAGE AND FREAR'S SHORT- OOMINaS DISCUSSED BY OITY MOTHERS. Woman's suffrage on Oahu was given a second oratorical Bpur nftcrnoon when tho pioneers of InBt weak mot again in tho Hirnno gardens and discoursed upon tho high price of poi nnd tho outrages of tho Republican administration for two hours. Of course tho Hawaiian women aro running this thing, and it is ns non- ffAr.Z"'J,SL,,JI!l?,n3'low much of the riclio.t lands oMIfe of him who opeiifd with prayer, nnd bohind tho dazzling wall of whi(.o MtiiB was a compact squad of tho Mc- i landless old gunrd, who stopped forth singly irnm timo to time to illseourso on the poi question nnd the moritb of tho popular Domocrntic candlilato, However, thoy were tho supernumeraries, tho less deadly males of tho species, nnd this was a woman's meeting. Mrs. Kalnkiela wore a stunning buff drnss topped by a very nifty black iiat trimmed with n feathor or so anil other things not clearly recollected, hut most fetching. Mrs. Kikolia, former stump speaker for tlio whoso politics wero chnngc I when the mosquito campaigners walked over her flower bed, woro her Psycho and n sailor lint trimmed with cherries rampant. Mrs. Kchohu appeared in nn ample holoku of tlio latest desien nnd her Mexican charrn lint v!Mi its fivo coils of gold cordon rising nbovu the amplitude of hor flowing gown, was tho sensation of tho nftcrnoon. Mrs, Kcawehaku, who was tho center of envious oyos, was crowned by a sweeping black lint tlmt tilted up on tho left nt something liko degrees aid was trimmed with a glossy array of selected tail fenthers. Mrs. ICnlakiola got rid of her job ns temporary chairmnn of tho yesterday afternoon as quickly as poRsihlo nnd MrB. Snrnh Sherman was elected in her plnce. Other olllcors elected wero Mrs. Kalcikuu, vlco prp.l dent; Mra. R. W. Sharp, secrctnryj Mrs. S. Monnhan, assistant scerotnry; Mrs. Charles Frnsher, treasurer. This business having been disposal of with ns much expedition nB possibln the company settled back to enov tlio forensic firoworks of which Candidate McCanrtleM had lnid in a good slock. Of coursu there was not a girat deal said about saffrago but tho enndidnto, Muvor lrn, Ororgo Knne, Jcsso nnd William Knai told about tho out- rnceous rise in poi and tlio wrongs which those nssembled hml n(Tr.rP,l ... der tho present administration and ivuiim Huner unuor any tn which L. L. Aicoanitlees was not eonrnrncd with tromondoua offect. Mrs. Kikolia took a shot nt tho mosquito men who had wnlkcd on her flowers. Mrs. Kphnlm spoko briefly and Mrs, llnnlnti Kn, Mrs. O. Krnwclmkn and Mrs. Charles also spoko, i noro wbh ono pained nnd grievously disappointed man In that sumlrtmln nt a'h? inU'a '"'I'1"'' ll, ''flrrnKotles i ',1W"1, B?aPhn """ wl'O, wtis not oven culled upon n spnnk. It intra enough to lio nxelmloi from n KiiMo lunii but jo ho Immrpd nt mm in i,ii k - own jieriioiinlly coiiilitntml lilo sIlOWII wni mora thnn Ilnrrnn ' o.Mbonr , i, 1 ,,., ilv , Un nV , mWn collnLnnnro w J Inwnd f uZm f,,00V"'5 Altogether I nindtlllB. Ndlirly nvurvlinilv had iii. "r' """" """ " inn niUK 01 nre to t.llf iiT tW who , Id ,' ' ,,8,vl,,' ""l",l",, " " ' "' '" II llllf,.ri nllUr.ru .n ...!... I, ...... II I CSlllllL' lit 111 Villi 110111011. OWllllll tlltllll nvr th Iml I w got out tliJr DurliiiHi ' gitlmroil In ulrdfn unil blow rlnui wltlii ovlijutil ustlifniitlnii vnomj ham mm VOU HU0AH YMVU. FURIOUS RIVER SNEERS AT BONDS All Hope of Patching Levees Mas Been Lost. BREACHES GIGANTIC One Hundred Thousand Homeless Losses Staggering. NHW ORLEANS, Louisiana, Mny 3. Ono hundred and fifteen thousand people aro homeless, property losses run into tho tons of millions and biill iho furious Mississippi continues to rise. This city is liko njiugo camp, from Carrolton to Chalmotto there nro thousands of destitude, houseless wanderers driven for refuge iuto town, nnl hundreds moro como in with ovnry trnin that manages to got through the vnst areas of flooded lauds that surround tho city. Tho Carrolton district is tinuVr w.itor. Breaks in tho lovees just nbovo uru to bo moro than eight hundred feet wide nnd steadily increasing in size. There ih n twelve milo cjrrcnt ponrlng through tho gap, sweeping aside nil attempts to stem or control tit. Audubon. Park and tho sugar tion nro threatened, ns nro tho buildings of tho Tulnno College If tho river continues rising tho business district will also bo iuundntcd. There Is no possible way oi telling Btato is under.. water. Yesterday "on tho levees surrounding tho State convict camp at Angola broko uudor tho enormous pressure and llooikd moro than five thousand ncres in Ipfs than an hour. Tho prisoners una gimrds aged to escape, but tho camp is reported a total loss. Bayou des Allcmandes is out of its banks and the surrounding territory is inimdntcd. The peoplo of llnrnvillo hnvo been forced to floe, and tho eullro westorn and southern portion of St. John tho Unptist parish is unilc water. ThiB includes some of tho tlnwt sugar land in tho State and tho loss thoro will bo tremendous. Ascension parish is nlso flooded for tho most part and many of the sniallsr towns ha-e had to bo abnndonnd until tho floods subside. Iberville parish 1b in much tho samo plight. Up t'ir r ver as far as Hnton Kongo and Ihj lionds como reports of vain fighting tho breaking, crumbling lovves In mnny places thousands upon thousands of bags of sand havo been throw u into breaks only to bo whirled out ot tho way by tho irresistible current. Baton Rougo reports that it is full of mnny of whom nro completely destitl'to, and not a fow in danger of stnnation. -- JAPANESE GOO KILLED II CAPTAIN SAN PI1ANCI8CO, May 3,-Tom Okubu, a Japuncso cook of tho American sthoonor Americana, was found guilty of hnving killed tho captain of tho vessol, Carl A. Ilensoii, In n fight January 27. Tho story told III' tll.l nnnb ....iu I i n ., ...! I.. .11 J "" o imiuuucuu in uviuuuco ! against him. It was in tlio form of a i "'"t0"'0"' mndo to tho second mnlo, ,,,,m ""'iso, nnu was largely in struiiicntnl in securing a Josser verdict iiuin tnnt ot iminior with which Okubu had luien charged. According to Okubu 's story, two days before tho killing Captain Benson had nt tn eked him, taken away two cans oi soup up nnd noen preparing for tho crow's dinner, and accused him of I Imvimr atninn'inn .,.,.i of sugar. ! This tho rook denied, and tho captain! ho says, struck him Iu tlio fnce and culled lilm n 'yollow dog am) a tlilof," and tlirontmioif to "siniish Mm," Tho following day tboro wns n dlinuto nvur oiim flsh Iliu conk hml iirnpari'd for tlio i",,lB' " " bo ily of t ,!"' m Ytmt Mo M' !1 r,f fn"u,, f,,",w"'r '"2 !''' '" '"'' ""' Wfi UM'" ""1'" t r u 1c ,'I,n fuH ,n ,!,,t' lm'ei '"''1", I I'M 'y Htm mul hill lilm," ''U JIOA'P HIiOWN VV , HY vvRVWir MiwriH, ti)W VOliK, Mny liar l.wii t'ilNHTAW'nwnPl.JS, 'J'mbuy, ify liruulit br Allurwuy aiir'l WOLf .1 Vmr lllnurt m) twalvfl wl4lr hmii tuiluMt I tin I'w4rl Hujftr flo. wr blllwi by IIjk ttublut of tuu Ink 'ttiuy fur imi4W hwum tlml UUU fuM t fltiTlu wlu fit fru4i 'jn4iwWl'lM liitiil lh UnrilituwIlM iirtt 1 ii V 41 n