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PACIFIC COMMERCIAL ADVERTISER, SEPTEMBER 7, 1887.
THE DAILY Pacific Commercial Advertiser IS PUBLISHED EVERY MORNING-. TfiKJSfc OF SI'IWItll'TIO!, Per Annum f6 00 x moRthfi... 3 00 Per month 50c jjJ-iobrlilion lHj abl AlwnjHlii Advance. Communications from all pari of the Kingdom will always be very acceptable. Persons residing In any part of the United states can remit the amount of subscription due by Post Oflwe money order. Matter Intended for publication In the editorial columns should be address! to Etotob Pacific C'ommkrciai. Advertiser.' Business corn tun nlcatlorL and advertisements should be addressed simply P. C. ADVEBTrnKK, And not to Individuals. T KT it; Pacific Commercial Advertiser Is now far sale pilv tit the Felloe in: Places ; . H. HOFER. . Merman t street A. M. HE WET l' Merchant street T. O. THRUM Fort street WM. STICAHLMANN Hawaiian Hotel Five Ceil I per Copy. WEDNESDAY .September 7th The "Eleele" is booming James G. Blaine for President. Nevada is making rapid progress as a fruit-growing State. Professor Batud. one of tlie best au thorities on fish in the United States, is dead. A hECRKE has been published in China announcing the postponement of the Emperor's marriage until 1SS9, owing to lack of funds in the Imperial treasury. Ching Visa, the Chinese Vice Consul at San Francisco, will be a through pas senger by the City of New York for Hongkong. Ins newly amended scientific temper ance instruction law in Michigan takes effect September 9th. It provides that instruction shall be given in physiology and hygiene, with special reference to narcotics and their effects upon the hu man system. The instruction shall be given by text books where the pupil is able to read, and as thoroughly as any other studies pursued in the school. TEttf SUGAR BEET QUESTION. Tha manufacture of sugar from the beet is the all-absorbing topic at the present time in the State of California. It is also commanding much attention in the Colonies, if one may judge from the numerous articles which appear in the Colonial press. The San Francisco "Merchanl"of August 19th has the fol lowing touching this subject : The manufacture of sugar from the Man gold or sugar beet, will probably be one of the leading industries of California in the near future. The enterprise is making such rapid strides in the older countries of Europe, that the sugar markets of the world have been materially affected, and the very existence of the cane sugar is threatened. California is naturally adapted for this business, and it is only a matter of time until it is opened up upon a large scale. The bay counties are all suitable for the cultivation of the root, and vast tracts of land, now lying idle along the Sacramento river, could thus be turned into profitable account. The requirements of the Pacific Coast amount to about 50,000 tons of sugar an nually, for which we are dependent upon the supply from the Hawaiian Islands. Some years ago an experiment was tried with beets, at works established near Sac mento, but for some reason or other it proved a failure. That the system is now thoroughly understood is evident from the successful operations in Germany and Aus tria, as described in the following article trom a London contemporary : "The European fabricants are engaged at the present time in teaching the art of sugar making to the world, and some re- markable results are following. Their white sugar is now so well and cheaply manufactured that, not only is it threaten ing the very existence of the ancient indus try of sugar refining by a second process, throughout the world, but after paying the great cost of carriage to the European sea board, and thousands of miles of sea freight, beet crystals and granulated can be sold in the most distant parts of the world, and even in cane-growing countries themselves. No one accustomed to the extreme cheapness of sugar in England can fail to be struck with the higher prices obtained for it in the producing countries, or in the neighboring colonies. Our plant ers cohsole themselves with the idea that the cheapness of European sugar, in the markets of the world, is due to bounties, and to a trifling extent this may be the case in countries near the producing dis tricts. But the main reason for its cheap ness is perfection in cultivation and manu facture. Indeed, no more striking illustra tion of the old fable of the hare and the tortoise could be chosen than the change in the relative positions of the towering cane and the humble beet. The former ot Honolulu, acting, as we firmly believe, in sympathy with and in behalf of all right be be from time immemorial has contained 18 per cent of saccharine matter, by weight, from which most cl our planters extract, in a debased form, (j per cent, or one-third of the sugar the plant contains. The man gold, the original form of sugar beet, con tains 4 per cent of sugar. The Germans, last season, from improved varieties of beet, extracted close on 12 per cent of their weight, to a great degree in the form of pure white sugar fit for direct consump tion, or about three times what would be produced trom the root not so many years ago. It is to progress like this, and not to bounties, that the cheapness of European white sugar is due, and if our cane plant ers have a rude awakening by finding their own home markets invaded by Germany or Austria, it may at length cause them to realize their position, and ask how they can continue to make a profit if they sac rifice two-thirds of their possible income MICHIELS INSURANCE CASE. The Court In Banco clMon. Render a De In the Supreme Court of the Hawa iian Islands in banco. July term, 1887. Charles Michiels, plaintiff, vs. The Hart ford Fire Insurance Co., Hartford, Con necticut, defendant. Exceptions from rulings of McCully, Judge. BEFORE THE CHIEF JUSTICE AND ASSOCIATE JUSTICES M'CULLY, PRESTON AND BIC'K F.RTON. Opinion of the Court by Preston. J. This case comes before us on a bill of exceptions by the plaintiff to the rulings of McCully, J., at the trial of the action at the last April term, whereby be al loweu tne ueienaant to amend the an swer upon terms and directed a non suit on the motion of defendant's coun sel at the conclusion of the plaintiff's case. The amendments allowed by the learned Judge were within his discre tion, and cannot be considered here. The bill of exceptions in this respect is therefore overruled. The action is brought to recover the sum of $2,500 upon a lire policy assuring that amount upon certain stock in trade of the plaintiff's, upon his store and premises in Fort street, Honolulu. The policy is dated the 17th day of August, 1$85, and contains the follow ing stipulation : "Or if any change takes place in the title or possession of the property, whether by sale, transfer, con vej'ance, legal process, judicial decree or if the assured is not the sole, absolute and unconditional owner of the property Ksured then, and in every such case, this policy shall be void." "This policy is made and accepted on the above express conditions." On the 4th day of August, 1886, dur ing the currency of the policy, the property covered by it was destrored by fire. There were insurances in three other offices, in like amount, and the several companies refused payment. At the trial the plaintiff was called as a witness on his own behalf, and on cross-examination was shown a paper (hereinafter set out) and stated: "Ire member giving Mr. Neumann a guaran tee for my bonds, to assure people who had been guarantees for me that is iny signature: did not read paper; signed it at Mr- Neumann's request knew it was only a guarantee to be given to Mr. Da vis and Mr. Bowler did not know; it sold absolutely store and goods I gave it to Mr. Neumann, not to Whiting; I gave it as a guarantee merely." Mr. Whiting testified that the bill of 6ale was made at the instance of Mr. Neumann, to secure his (Whiting's) client, Bowler who was on Michiel's bond and also on his Chinese clerk's bond, on a charge of having opium in possession, and was delivered to him to hold until after the cases were de cided that he paid no consideration for it took no possession, and that he held the paper i lerely as security' for Bowler and bondsmen, and that it was not to be used or put into effect unless Michiels made-default, and that there was no in tention to transfer the property. The plaintiff, having introduced other testimony as to value, etc., rested his case. Counsel for defendant thereupon moved for a nonsuit, because of the execution of said bill of sale, on the ground that it was a violation of the terms of the policy, and the Court allowed the mo tion, and ordered the plaintiff to bo non suited. To which order the plaintiff excepted. The following is a copy of the bill of sale : "Know all men by these presents, that I, Charles Michiels, of Honolulu, Island of Oahu, for and in consideration of the sum of one dollar, to me in hand paid, the receipt whereof is hereby ack nowledged, and for other good and valu able considerations, me thereto moving, from W. A. Whiting, of the same place, have bargained and sold, and byT these presents, do grant and convey unto the said W. A. Whiting, his executors, ad nvnistrators and assigns, all the mer chandise, fixtures, good-will and out standing accounts due, belonging to, and part of my business in Honolulu, carried on on Fort street, near Merchant street, known as the 'Louvre of Brus sels.' To have and to hold, unto the said W. A. Whiting, his executors, ad ministrators and assigns forever. And in consideration of the premises, I here by covenant with and unto the vendee that I will warrant and defend the sale hereby made, against any and all per sons lawfully claiming, or to claim the called upon to head a Ministry it should on espied ged tot h e jco n ) i n on JZJQ'J v ai i d chattels hereby sold. In witness whereof I have hereunto set my hand and seal the F-econd day of August, A. D. 1SS6V' Cn. Michiels. l.s. On the argument before us it was strenuously contended on behalf of the plaintiff that no change in the title or property passed or was effected by the bill of sale, and that it was only a mort gage, or security to the plaintiff's bonds men, and that it was not the intention of the parties that any change of title should be effected. It appears to. us that we have nothing to do with the intention of the parties; we must consider only what is the effect of the document upon its face, and it appears to us that it cannot be seriously contended that a change in the title to the property insured did not take place on the execution of this document. In Adams vs. Rockingham Ins. Co was held that an aliena- tion had occurred when the insured, by an absolute deed had conveyed the property, although he received from his grantee an unsealed agreement to re- convey upon payment of a specific sum. In Edmonds vs. Ins. Co.,1 Allen, 311, it was held that a mortgage was an alteration in the ownership, though not an alienation of the property, and so vitiated a policy providing against alter ation or change in the title. Many cases were cited by counsel for defendant, among others : Springfield Ins. Co. vs. Allen, 43 New York, 394. Dix vs. Ins. Co., 22 II!., 273. Treadway vs. ins. Co., 29 Conn., 79. Pennock vs, McCormick, 120 Mass 285. Barnes vs. Union Fire Ins. Co., 51 Me., 110 Western Mass. Ins. Co. vs. Riker, 10 Mich., 279, in which case it was held mat. wnere one or tne conaition3 ot a policy was, that in case of any sale, transfer, or change of title in the prop erty insured, such insurance should be void, the policv was avoided by a con veyance, which was absolute in form, though given as security for a debt merely. We see no reason to differ from the toregoing autiiorities ana numerous others which may be found in the various reports, and therefore hold that the doc ument in question in this case did change the title in the property assured in such a manner as to work a complete bar to this action, and that the learned Judge who presided at the trial might well, had he been so reouested. have di- rented a verdict to be rendered for the defendants. For these reasons we think the non suit was rightly ordered, and we over rule the exceptions, with costs. Neumann, Whiting and Creighton for plaintiff, Dole and Hatch for defendant. Letters from Mpaln. His Majestyr the King has received two letters, of which the following are trans lations : Sire, My Brother: 1 experienced deep sorrow at receiving the letter which Your Majesty was pleased to address to Me announcing the death of Your Very Beloved Sister, Her Koyal Highness Princess Likelike. Knowin g the intense erief this irreparable loss nas caused Your Majesty, not only have I taken a sincere part in Your affliction, but have offered incessant pra-ers to the Omnipotent that He will ever guard Your Majesty from like sorrows. I will not al low this occasion to pass without reiterat ing to Your Majesty the expression of my sentiments of friendship and profound ap preciation with which, I am, Sire, My Brother, Your Majesty's Good Sister, (Signed) Maria-Cristina. Palace of San Idlefonso, July 17, 1887. Sire, My Brother: With singular pleasure I give Your Ma- esty the most expressive thanks for the proofs of friendship You have just shown to Me in presenting Me with the Collar of the Grand Cross of the Royal Order of Kapiolani, as well as the Grand Cross of the Royal Order of Kamehameha I, for My Very Beloved Sou His Majesty King Alfonso XIII. the insignia of which have accompanied them. I avail Myself of this occasion to reiterate to Your Majesty the assurance of the constant appreciation and true friendship with which, I am, Sire, My Brother, Your Majesty's Good Sister, (Signed) Maria-Cristina. Palace of San Idlefonso, July 17, 1887. A Weddluff. evening Mr. R. W. Last Podmore, Secretary of the Y. M. C. A., was united in marriage to Miss Florence Pierce, a young lady who arrived from England on the Zealandia. The ceremony was per formed by the Rev. W. B. Oleson in the presence of quite a number of friends of the contracting parties. The pulpit plat form was decorated with beautiful floral designs. Miss Webster was bridesmaid, and a brother of the bridegroom of ficiated as best man. Educational 9fattrs. Mr. T. E. Evans has been appointed by the Board of Education, School Agent for the district of Lahaina and Lanai, vice the late R. Newton, deceased. Mr. T. II. Gibson has been appointed by the Board of Education, School Agent for the district of Waimea, island of Kauai, in place of Mr. V. Hudson, re signed. Mr. A. T. Atkinson, Inspector Gen eral of Schools, left for Kohal3, Hawaii, yesterday, on the Kinau, to place a site for a new school house and attend to other matters. He will return Saturday. knew then for the first time that the crreat frf, Paul Itotini Heard From. The Japan "Mail," Yokohama, of July 23d has the following: "In the Supreme Court at Hongkong on July 11th an application was made 'in forma pauperis' by Paul Bohm, late ly a merchant in Yokohama, for adjudi cation as a bankrupt. The applicant, it is said, lost all his money by a venture in connection with a ship chartered for the conveyance of Chinese emigrants to Honolulu. He was detained at Hong kong about five weeks ago at the in stance of Lun Tuk Shing, who had a claim against him of $3,500. Among the bankrupt's alleged assets is the sum of $51,000, which he says is due to him by the Chartered Mercantile Bank in Yoko hama, and also the sum of $1,000 for a hearse. He, hovvi ver, does : ot gr-e a very satisfactory explanation of these assets. Mr. Dennys. who appeared for the detaining creditor, opposed unan time the application for protection, a he I understood negot'ations were pending for a settlement. The Acting Chief Jus tice, before whom the application was made, said he was doubtful whether he could adjudicate the bankrupt, because according: to his schedule he had reali zable assets. He would adjourn the case. Tho Illfles aud i W. C'.gT. ) The following letter explains itself : Honolulu, H. I., Sept. 2, 1387. Major H. F. Hebbard Dear Sir: By order of the President of the Women's Christian Temperance Union, I am author ized to extend to you and your comrades of the Honolulu Rifles, the congratula tions of the Union, and to assure you of our sincere appreciation of your action in excluding from the festive board all intoxi cating drinks at the last banquet tendered to Lieut. Col. Ashford. It was a grand movement in the right direction, and we earnestly hope that your noble example will establish a precedent which shall gov ern not only your battalion, but other so cieties on similar occasions. Respectfully yours, M. A. H. Greene, Secretary W. C. T. U. . m Haitian'. First Arrival. Ed. P. C. Advertiser Will you be kind enough to inform me through your columns when Edward Hanlan, the oars man, first passed through Honolulu on his wajr to the Colonies, and oblige, C. Edward Hanlan first arrived in this city Monday, February 25, 1884, by the steamship City of Sydney. After giving an exmonion in ine narDor, ne leit me same uay icrine monies. SVduertisfmmis HIT J I -AT- AUCT I O T. I am instructed by Mr. F. H. Havselden to sell at public auction, at his residence. Palace Square, next to the Hawaiian Opera House, on Thursday, Sept. 8th, At 10 o'clock a. m., the whole of his Household furniture and effects, comprising in part as iouows; Elegant Upright Piano Forte, Several Ash and Cherry Bedroom Sets, Hair and Spring Mattresses, Mosquito Nets, Feather Pillows, Bed Linen, Blankets, Quilts, Chamber sets, Lace Curtains, Lambrequins, Parlor Furniture, Consisting of Hair Cloth, Rep and Silk Uphol stered sets, large ana small ttugs. rcctures, a choice collection of Books, Rattan Lounges, Chairs and Rockers. Dining-room Furniture, Consisting of Black Walnut Extension Dining laoie ana unairs, elegant a. w. Sideboard, splendid Cut Glassware, Crockery Din ner and Breakfast sets. Plated Table Ware and Cutlery, Table Linen, Plated Tea and Coffee Sets, Japanese Screens, Chandeliers and Lamps, hand some Candlesticks. Children's Bedsteads and Cribs, Bath Tub, a large and varied assortment of terns and Rare Plants, Orange and other trees in boxes; Ice Chest and Meat Safes. Large Kitchen Range Complete, and Cooking Utensils. Garden Tools, Garden Hose, Step Ladder, Wheelbarrow, Gar den Benches, one Canvas Dancing Cloth 60x30, also one handsome pair of Peacocks. C7"The House will be open for in- HnnsRH'i 11 mmmm U1UU1 Ull vClspection on WEDNESDAY, Sept. 7th, from 1 to 4 p. m. Lewis J. Levey, ept2 5t Auctioneer. x ue cuairman tsam tnere snould be a pvnrpssion of oninion. NEW Hu O W PRICE AT Popular mllmeiy 104 Fort St., Honolulu. S.ACPTS, J?ropr-ietoi 1.N , .Tust opened, a fine asortnient of FANCY AND DRY GOODS. Which, during my absence, will to sold at exceedingly !ur figures. POLKA DOT SWISS IN WHITE AND EOKU. A fine assortment of WHITE AND COLORED WASH MATERIAL, In plain, fancy figured an I open work. NANSOOKS, LAWNS AND BA1TISTK, In white and colored. In all shades and colors. NUNS' VEILINGS. LACE. FLOUNC1NGS, EMBROIDERY FLOUNCINGS, in white, cream, ecru and fancv colors. ALL-OVER EMBROIDERY AND LACES, with edgings to match. NEW SILK GLOVES and SILK MITTS, in the latest styles and newest shades. Villinery and Straw Goods. During my absence from the Kingdom we offer SPECIAL BARGAINS IN THIS DEPART MENT, in order to close out the stock now on hand, and make room for the new stock. HATS TRIMMED AND UNTKIMMED Will be sold at reduced prices. The Leading Millinery Rouse -OF- Chas. T Fishel. COR. FORT & HOTEL KTS. For two Weeks Only Our Semi-Annual Remnant Sale will take place NEXT MONDAY All our remnants will oe placed on the Counter, and marked way down. In Ladies' Trimmed and Untrimmed Hats, we are prepared to offer BIG BARGAINS. Remnants in all departments. Come and see what we offer you next MONDAY. CHAS. J.' FISHEL, Leading Millinery House. Dissolution of Co-partnership. THE FIRM OF E. P. ADAMS Si CO. HAVING this day dissolved by expiration of its term of partnership, J. F. Morgan, Esq., partner of the late firm, will collect the accounts and pay the liabilities thereof. E. P. ADAMS & CO. Honolulu, August 31, 1887. 808tf JAS. P. MORGAN, .A. uct ioneer AND Commission Merchant. MR. JAS. F. MORGAN, LATELY A PARTNER of the firm of E. P. ADAMS & CO., now dissolved, will from this day carry on the busi ness of Auctioneer and Commission Merchant in the premises lately occupied by E. P. Adams &. Co., No. 45 Queen street. Honolulu, September 1, 1887. 8C9tf GEASS SEEDS. COCKSFOOT, RYE GRASS, ENG LISH RED CLOVER, COW GRASS. THE ATrENTION OF ALL INTERESTED IN improving the pasture lands of the Islands is called to the above valuable seeds, which we offer for sale in lots to suit purchasers. We have also on band sample lots of White Clover, English Alsyke, Timothy, Rib Grass, Crested Dog's Tail, Tall Fescue. Italian Rye Grass and Lucerne seeds, which we offer in small lots for trial, and will also receive orders for quantities of not less than half a ton weight, and execute same with dispatch. 717-junel8tfd&w WM. G, IRWIN & CO. ED. HOFFSCHLAEQER & CO. Tmporters fc Coinmlgtloii Merchants Queen Street, Honolulu, H. I. 27-t u ALL Kixin. r,.. rmno Tvrrv nn.iwaro. -f--- ' " " - rtf,riarn.nt-4 ain-JLoo Slbtrtiscnunis. GOODS -AT- THE- House, NUNS' VEILINGS. L. B. M E R C II A N T TAILOR. 27 Merchant Street, rlas lately received from England selectiou of large Fine Goods!! SUITINGS, DIAGONALS -AND- Fancy Trouserings, Comprising the largest and most varied stock ever opened out in Honolulu, all person ally selected by Mr. Kerr at the manufacturers while abroad. and Trimmings :For Sale to the Trade and others. Bell Telephone, No. I. I. O. Uoxf306. L. B. C'J7sep8 YEE CHIN & SAJK LAM, Of the co-fartnerfihip of W0 SING & CO. Hotel Street, Corner Xiiiianu. Importers of General Merchandise, Silks and Silk Handker chiefs, Mattinsrs, Teas, ETC., ETC., ETC. YEE CHI 1ST, Manager for Wo Sing ii Co. I 777sept8 i'oucies i snuea on an tue plans, WltU KERB, Of KEEE,