The Pacific commercial advertiser. [volume], March 24, 1893, Image 4

About The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921

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

                
DAIiA PACIFIC COMMERCIAL ADVEiiTISEK, MARCH 2i. 1893.
BY AUTHORITY
FOREIGN OFFICK NOTICE.
Forkios Oifke, )
IIoNOLtir, !J. I., March 23, lSi.f
His Kxeelleney the P.e-udent of the
Provisio al Government of the Hawaiian
Island has received an autograph letter
of which the following is a copy :
BENJAMIN HARBISON.
President of the United States of
America, -To
His Excellency
SANFORD B. DOLE,
President of the Provisional Government
G ice at and Good Fbiexd: I have re
ceived me leuer ui .pauuary -im, iojos
by which you inform me that tne Provi
sional Government of the Hawaiian
Islands has been quietly and peaceably
established under a Proclamation formal
ly and publicly made at the door of the
Government Building in Honolulu on the
17th day of January, 1893, and that the
paid Government has honored you with
the office of President of the Provisional
Government and Chairman of the Exe
cutive and Advisory Councils of the Pro
visional Government of the Hawaiian
Islands.
I am pleased to note the expression of
your earnest desire to maintain and
strengthen the strong friendship which
has for so many years existed between
the United States and the Hawaiian
Islands, and to assure Your Excellency
that I shall omit no enort which may
conduce to the accomplishment of a pur
pose which I so heartily desire.
May God have Your Excellency and
the People ot the Hawaiian Islands in
His wise keeping.
Your Good Friend,
BENJ. HARRISON.i
'I
By the President.
William F. Whabton,
Acting Secretary of State.
3330 1472-lt
Government House.
Honolulu, March 20th, 1893.
Notice is hereby given that His 2 reel
lency
THEODORE C. PORTER
has been appointed a Commissioner of
Crown Lands of the Hawaiian Isl nda,
vice Mr. P. C. Jones, resigned.
The Board now consists of J. A. King,
T. C. Porter and C. P. Iaukea.
3336-3t 1472-lt '
Notice is hereby given tha'
EDWARD GRIFFIN HITCHCOCK
has this day been appointed Marshal of
the Hawaiian Islands, vice Mr. W. G
Ashley, resigned.
(Signed.) 'WILLIAM O. SMITH,
Attorney-General.
Government House, Honolulu, March
23rd, 1893. 3335-3t 1472-2t
Government House,
Honolulu, March 20, 1893
Notice is hereby given that
WILLIAM FOSTER, Esq.,
HON. ALBERT FRANCIS JUDD and
CECIL BROWN, Esq.,
have been appointed Commissioners for
the purpose of Revising and Codifying
the Penal Laws of the Hawaiian Islands
in accordance with the provisions of an
Act of the Hawaiian Legislature approved
August 6, 1892, providing therefor.
3333-3t 147Mt
NOTICE.
Office of the Board of Health.
The following named persons have
been chosen and appointed Officers of
the Board of Health :
. Hon. W. O. Smith President.
Charles Wilcox Secretary.
C. B. Reynolds Executive Officer.
David Dayton Agent on Leprosy.
L. L. La Pierre Inspector and Mana
ger of Garbage Service.
G. W. C. Jones Inspector.
The Committees of the Board are :
On Leprosy Dr. F. L. Miner, John
Ena.
On Quarantine, and Contagious
Diseases, other than Leprosy Dr. F. R.
Day, J. T. Waterhouse, Jr.
On Public Health and Sanitation
!r. G. P. Andrews, J. O. Carter.
CHAS. WILCOX,
Secretary Board of Health.
Honolulu, March 16th, 1893.
1471 3332-3t
The members of Waialua, Oahu, Road
Board having resigned; the following
gentlemen have been this day, appointed
to constitute a new Board :
EDGAR HALSTEAD,
Da. D. F. ALVAREZ,
ANDREW COX.
J. A. KING,
Minister of the Interior.
Interior Office, March 18th, 1893.
3332-3t
notice is nereoy given mat in accor
dance with the joint action of the Execu
tive and Advisory Councils,
THEODORE C. PORTER
has been appointed a Member of the
Executive Council of the Provisional
Government of the Hawaiian Islands to
administer the Department of Finance.
(Signed?, SAN FORD B. DOLE,
President of the Provisional Government
of the Hawaiian Island.
33:W) 147I-3t
EDGAR HALSTEAD, Km., has ibis
lay tx:en appointed a Notary Public for
the First Judicial Circuit of the Hawai
ian Ip'.ands.
J. A. KING,
Minister of the Interior.
Interior Office, March 18, 1S03.
3332-3t
3ALE OF ELECTRIC LIGHT
AND POWER FRANCHISE.
In accordance with the provisions of
an Act entitled "An Act to re&u'ate and
control the production and furnishing of
Electricity in Honolu'u," approved Jan
uary 12lh, U93, there will be sold at
Public Auction, On WEDNESDAY, the
3d day of May, 1893, at 12 o'clock noon,
at the front entrance of Aliiolani Hale.
the exclusive right and franchise ?o fur
nish and supply electrc lizht and elec
tric power within the district of Honolulu
during the term of ten (10) years from
the date of such sale.
The following privileges are exempted
from said franchise :
1st. The right of any parson or corpor
ation to erect electric apparatus and pro
duce electricity for either light or power
for his or its own use upon the premises
where produced.
2d. The right of the Hawaiian Tram
ways Company, Limited, under the
franchise already granted to it, to
erect a plant, po!es and wires for the
purpose of furnishing power for the
propulsion of its cars, or for making
a contract with any one or more
of the contractors to furnish it with such
power for use on any of its tracks,
whether the same is within the district
of Euch contractors or not .
3J. The right of the Government to
furnish to any part of Honolulu, electri
city for light or power, produced by the
power now obtained from the present
water supply of the city, up to the capa
city of electric dynamos now owned by
the Government.
The sale of such franchise is subject to
the Rules, Regulations, Inspection and
Tariff of Rates to be charged to Consum
ers, as set forth in the said above-men
tioned Act.
The Upset Tbice, at Auction, of said
Franchise is 2 per centum of the gross
receipts of the Contractor from all elec
tric light and power furnished to con
sumers. The Bids for such Franchise shall be
for the percentage of such gross receipts,
which the bidder is willing to pay to the
Government over and above such per
centage.
The Contractor shall be exempt
from paying such percentage of receipts
for the first two yeard of such contract.
A Deposit of $500 either cash or a
certified check on a Honolulu Bank, will
be required from the successful bidder
on the fall of the hammer, which deposit
shall be a forfeit to the Government if
such bidder fails to execute the contract
provided for in Section 5 of said Act,
within twenty days from the date of
sale.
A Bond, in the sum of $3000, with
two approved sureties or a deposit of
$2500 in gold coin in lieu thereof will be
required, for the faithful observance of
all of the terms of the contract, and for
the observance of all the terms and con
ditions of the law under which the fran
chise is granted.
J. A. KING,
Minister of the Interior.
Interior Office, Feb. 21, 1893.
, 3310-3t 146S-tf
Notice.
rpHE UNDERSIGNED BEGS TO
JL announce to the public that he has
this day opened a store in this town for
both wholesale and retailing of Japanese
Provisions, bnoyu and seaweed a spe
cially ; Dry Goods, and every line of Japa
nese Manufacture, including Uotton
Crapes, Toilet Requisites, etc.
1TOHAN,
Fort Street, near Custom House.
3332-lw
Election of Officers.
A T THE ANNUAL MEETING OF
Jlx. the Stockholder;; of the Inter-Island
Steam Navigation Co.. Limited, held
this day, the following Officers and
Directors were elected for the ensuing
vear:
W. B. Godfrey President
J. Ena Vice-President
W. H. McLean Secretary
J. L. McLean Treasurer
T. W.Hobron Auditor
BOAED of directors:
W. B. Godfrey, J. Ena,
G.N.Wilcox, W.O.Smith,
F. A. Kchaefer.
W. H. McLEAN,
Secretary 1. I. S. N. Co.
Honolulu, II. I., March 21st, 1SH3.
3234-2w
PIANO TUNING!
W. H. BENSON.
XT-Lave orders on slate at lloom 13
Arlington Hotel. Hotel St 3040-lriUf
SUN NAM SING,
N"o. 7.09 Ntmarm Street,
P. O. Box 175,
Begs to call the attention of the public
their large and well selected
Stock of Japanese Goods
Suitable for this market, which will
be Bold at Lowest Prices.
In the Supreme Court of the Ha
waiian Islands.
In Banco.
October Teem, 1892.
Mew Kuxa Tcxo axd twenti others,
composing the Fisraxa Company of
Scn Chan Lee, vs. Wono Ka Mac
and ten others.
BEFORE Jl'DD, C.J.
BICKERToN and dole
J. J.
(By written agreement of parties
and counsel Mr. Dole joins in thi9
decision, though he had resigned as
a justice of the bupreme Court after
argument and before decision).
Where in an action of trespass the issue is
the title to tne property alleged to be
trespassed upon, the burden is upon
the plaintiff to prove his title, and he,
having put on such evidence in chief,
may not in rebuttal introduce evidence
of the same character after the defend
ant has closed his case.
orixiox OF THE court per jued, c. J.
This is an action of trespass begun
in the Police Court of Ewa, Oahu, by
which plaintins claimed that the de
fendants had unlawfully entered the
sea fishery of Auiole, of the Ahupuaa
of Waikele, Ewa, and taken fish
therefrom to the damage of the
plaintiffs, the lessees of the said
right, 300. The plaintiffs are the
lessees of Mr. and Mrs. C. A. Brown
who own the land of Auiole and
claim the fishery of Auiole as appur
tenant to it, and defendants are
lessees of Mr. James Campbell who
owns the land of Honouliuli. The
case was tried on appeal before a
jury in the Supreme Court in July,
1892, and a verdict rendered for the
defendants. The plaintiffs moved
for a new trial on the ground that
the verdict was contrary to the law
and the weight of evidence and also
alleged errors of law occuring dur
ing the trials as follows:
(1) The refusal of the Court to ad
mit in evidence in rebuttal and in
contradiction of the defendants'
theory of the case, the records in the
case of Akeni vs. Wong Ka Man, on
the ground that such records ought
to have been offered in chief.
(2) The refusal of the Court to ad
mit in evidence in rebuttal and in
contradiction' of the defendants'
theory of the case, that the fishery of
"Auiole" is not and never was subject
to the "chin deep" principle sought
to be established by the defendants
(which principle was admitted by the
plaintiffs to be applicable to the other
fisheries of the lagoon).
The first ground for a new trial,
that the verdict was against the
weight of evidence, was not argued
nor relied upon by plaintins.
An inspection of the records of the
- mil i i
case ana ot tne evidence sent up
makes it clear that the evidence put
in by the plaintiffs was for the pur
pose of 6howmg that -the hshery of
"Auiole" extended out from the
shore of "Ailiole" into the Ewa
lagoon (or what is known as the west
loch of Pearl Harbor), and was
bounded by certain points of land,
and would include within its limits
the spot where defendants had taken
the fish. The contention on behalf
of the defendants was that the fishery
appurtenant to the land of Honouli
uli extended from the shore of Hono
uliuli into the loch and across it to
where, on the opposite coast, a man
could touch bottom with his feet.
That is, all the deep water over
a man's heighth -was included
within the fishery of "Honouliuli,"
and this would include the spot
where the fish in question were
taken.
It is true that an action of trespass
does not necessarily involve the title,
its gist being tho injury to the pos
session; but title may be involved,
and, from the way the case was put
to the jury, it is clear that what was
equivalent to the plea of "liberum
tenementum," or justification under
special plea of title, was made by the
detenaanis, ana tne issue ior tne
Till!
iury to pass upon was wuetner tno
hshery of "Auiolo" extended to or
near the middlo of the west locb, or
whether it WB3 limited to the shallow
water near the shore whose depth
was up to a man's chin. The de
fendants contended for the "chin
deep" principle; tho plaintiffs con
tended that tho fishery of "Auiole"
was an exception to this principle
It was, theD, tho plaintiffs' case to
put in all competent evidence in chief
to sustain tne oounciaries oi tne nsn
ing right as claimed by them, and
the defendants having closed their
case, it was not rebuttal to offer evi-
dedce of a former adjudication of
fishing right in another part of the
lagoon, or to establish the exemption
claimed for "Auiole" of tho "chin
i m m
deep" principle, xnese tacts were
what the plaintiffs' witnesses had en
deavored to establish in chief, and it
would have been cumulative evidence
and not rebuttal if put on air tho
defendants had closed. Where tho
title i3 the issuo in an action of
trespass it becomes similar to tho ac
tion ot eiectmenr, ana tuo ouruen is
upon the plaintiff to prove his title
If the record of the Akeni v. Wong
Ka Man case had been offered in evi
dence as part of the plaintiffs' cas9
in chief, it is impossible to ascertain
from the bill of exceptions what relo-
Tancy it had to the issuo then tried
it it was ior tno purpose ot Bt-o-mg
that another jury had found that in
another part of this lagoon the
boundary of the fishery of "Honouli
uh" extended to the middlo of tho
lagoon, this verdict would net be con
elusive in regard to the title claimed
in the present case, for an action o
trespass settles nothing in regard to
the title beyond the action tried.
Cliandler v. Walker, 21 X. II., 28G.
We therefore overrule the motion
for a new trial on all the grounds
and the exceptions are dismissed.
A. Rosa for plaintiffs appellants;
C. Brown for defendants.
Honolulu, Februarv 2Sth, 1893.
Ledgers with patent backs at the
Gazette office.
Rich Red Blood
Results from taking Hood's
- Sarsaparilla
Mr. Chas. Walker
Of Saa Francisco.
"For several years I have been troubled with
blotches and pinnies on my face and body,
which were very annoving. I tried several pre
criptions, and also other medicines, but they
Hood's
Sarsa
parilla ures
did not seem to benent mo. Last fall a friend
advised me to try Hood's Sarsaparilla. I was
determined to give it
A Thorough Trial.
Alter using two bottles, my skin returned to its
natural state. I still use it. as it gives me
strength and vigor. I never had better health,
in my life, and I owe it to taking Hood s Sarsa
parilla." Chas. Walker, with Carvill Mfg.
Co., 48 Eighth Street, San Francisco.
Hood's PHI9 are the best after-dinner
Fills, assist digestion, core headache. 25c -
HOBKON, NEWMAN & CO.,
Wholesale Agents.
TARO FLOUR POL
A New Receipt and the
Best Yet.
Take hot water in a bowl,
and add, well mixed, some sour
noi enousrh to make a thin
L i
paste, then add Taro Flour,
gradually stirring well all the
time until quite thick, work it
smooth with a spoon, and then
let it stand an hour or so to
cooi: men aau com water
ittle at a time stirring, each
time after adding water until
well mixed and smooth, and
he poi is the right consistency
required to eat. It is then
ready, to eat immediately.
Keep a little of each day's poi
to make the starting paste for
he next day.
CHARCOAL !
Wholesale and .Retail
HUSTACE & CO.,
No. 414 on Both Telephones.
3333-lw 1472-2t
INSURE WITH THE AGENT
CF THE
GERMAN-AMERICAN
Insurance Company
OF NEW
YORK.
- $5,879,208 00
2,255,389.00
ASSETS - -NET
SURPLUS -
Solid Security Against Fire.
Fire Insuranca Only.
0rWhen Kates are Equal, get the
Best Security.
WILDER
3320-1 m
& OO.,
AGENTS.
A FRESH
NEW
.OF
INVOICE
Japanese Cotton tape
.Inst to hand ex MiikeMant.
New and
variety.
original patterns in larg;
M. Mclnerny.
332G-tf
'ILAMWil."
4 FIRST-CLASS FAMILY BATHING
ix Resort has been opened at Waikiki.
Tramcara pass the gate. Special arrange
ments can be made for Family Picnics
and Evenins Bathing Parties. 3274-3m
Work equal to the best at San
Francisco urices at the Gazette
AMI CRAPE
Office.
OFFICIAL DIRECTORY
Provisional Government of the
Hawaiian Islands.
Executive Council.
B. Dole, President of the Provisional
Government of the Hawaiian Isl
ands, and Minis' t-r of Foreign Af
fairs. J. A. King, Minister of the Interior.
Theo. C. Porter, Minister of Finance.
W. O. Smith, Attorney-General.
Advisory Council.
S. M. Damon, Vice-President of the Pro
visional Government of the Hawaiian
Islands.
Cecil Frown,
John Nott,
F.. D. Tenner,
O. Bolte.
W. F. Allen,
Henry Waterhouse,
A. Young,
F. M. Hatch.
F. W. McCbesney,
James F. Morgan,
Ed. Subr
J. A. McCandless,
John Emraeluth,
Supreme Court.
Hon. A. F. Judd, Chief Justice.
Hon. It. F. Bickerton, First Associate
Justice.
lion. W. F. Frear, Second Associate
Justice.
Henry Smith, Chief Clerk.
Fred Wundenberg, Deputy Clerk.
Geo. Lucas, Second Deputy Clerk.
J. Walter Jones, Stenographer.
Circuit Judges.
First Circuit: VA' ,V Oahu.
jW. A. Whiting, I
(ti. fj.
Second Circuit: A. N. Kepoikai.
Third and Fourth Circuit : S. L. Austin.
Fifth Circuit : J. Hardy.
Offices and Court-room in Government
Building, King street. Sitting ;.n Hono
luluFirst Monday in February, May,
August and November.
Department of Foreign Affairs.
Office in Government Building, King
street.
His Excellency Sanford B. Dole, Minis
ter of Foreign Affairs.
Frank P. Hastings, Secretary.
W. Horace Wright, Ed. Stiles, Clerks.
Department op the Interior.
Office in Government Building, King
street.
His Excellency J. A, King, Minister of
the Interior.
Chief Clark, John A. Hassinger.
Assistant Clerk9 : James H. Boyd, M. K. !
ir i. i. , i r k i. i i-. i !
Mahaulu, George C. Moss, Edward
S. Boyd.
Chiefs of Bureaus, Interior Depart
ment. Surveyor-General, W.D. Alexander.
Supt. Public Works, W. E. Itowell.
Supt. Water Works, Andrew Brown.
Inspector, Electric Lights, John Cassidy.
Registrar of Conveyances, T. G. Thrum.
Deputy Registrar, Malcolm Brown.
Road Supervisor, Honolulu, W. H. Cum
" mings.
Chief Engineer Firo Dept., F. Ilustacc.
Supt. Insane Asylum, Dr. A. Mc Wayne
Office, Government Building, King
street.
Department of Finance.
Minister of Finance, His Excellency
T.
U. Porter.
Auditor-General, George J. Ross.
Registrar of Accounts, Geo. E. Smithies.
Clerk to Finance Office, Carl Widemann.
Collector-General of Customs, Hon. A.
S. Cleghorn.
Tax Assessor, Oahu, C. A. Brown.
ostmaster-General. Walter liill.
Customs Bureau.
Oflice, Custom House, Esplanade, Fort
street.
Collector-General, Hon. A. S. Cleghorn.
Deputy-Collector, Geo. E. Boardman.
Harbormaster, (Japtain A. jj uuer.
Port Surveyor, M. N. Sanders.
Storekeeper, rrank i. Mcbtocker.
Department of Attorney-General.
Office iu Government Building, King
street.
Attorney-General, W. O. Smith.
Deputy Attorney-General, Arthur
M.
Brown.
Clerk, J. M. Kea.
Marshal. K. G. Hitchcock.
Deputy Marshals. G. lv. wilder. j
Jailor Oahu Prison, Capt. A. N. Tripp.
Prison Physician, Dr. C. A. Peterson.
Board of Immigration.
Office, Department of Interior, Govern
ment Building, King street.
President, His Excellency J. A. King.
Members of the Board of Immigration :
Hon. J. B. Atherton, Jas. B. Castle,
Hon. A. S. Cleghorn, James G.
Spencer. Mark P. Robinson.
Secretary, Wray Taylor.
Board of Health.
Office in grounds of Government Build
ing, corner of Muilani and Queen
streets.
Members Dr. Day, Dr. Miner, Dr.
Andrews, J. O. Carter, J. T. Water
house, Jr., John Ena, and Attorney
General Smith.
President Hon. W. O. Smith.
Secretary Chas. Wilcox.
Executive Officer C. B. Reynolds.
Agent on Leprosy David Dayton.
Inspector and Manaeer of Garbbage Ser
vice L. L. La Pierre.
Inspector G. W. C. Jones.
Port Physician, Dr. G. Trousseau.
Dispensary, Dr. II. McGrew.
Leper Settlement, Dr. R. K. Oliver.
Board of Education.
Office, Government Building, King
street.
President, Hon. C. R. Bishop.
Secretary, W. James Smith.
Inspector of Schools, A. T. Atkinson.
District Court.
Police Station Building, Merchant street.
William Foster, Magistrate.
Jame3 Thompson, Clerk.
MRS. ANNA B. TUCKER,
TEACHER OF PIANO
RESIDENCE: Mr. W. Hopper's,
King Street, opposite the Palace.
Mrs. Tucker is an experienced teacher
of Piano, and the result of her teaching
have been approved by some of the most
cultivated musicians of London & Boston,
Mass.
330O-M
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