Newspaper Page Text
Supreme Court of
th9 Ha- waiian Islands. J'E Term, 1893. F. W WUXDKNBERO, RECEIVER, VS. James Campbell. BEFORE JUDD, C. J., BICKRTON AND FREAK, JJ. thnlP1 may be granted although a l,Je n?3 rred in the member. LliriiS.01 Coart since the first wi,,! not granted upon a uul rauea it the first hearing, or " a point raised and not overlooked by the Court, the point being technical and not in lue interests ot substantial justice OPINION OF THE COURT BY FBEAR, J. The plaintiff moves for a rehear ing on the grounds that the Court decided the caso (1) as if the plaintiff was not a receiver, or as if the defendant had asked and ob tained leave of the Court to dis train, and (2) as if the question eubmitted was whether part of the goods distrained could be held for part of the rent, which facts and questions, it is alleged, were not agreed upon or submitted to the Court. Defendants counsel ""contends iilii-irrellWrifig'cannot properly be I tuiunuu uciutts luis ijuuii ao ait i present constituted, there having been a change in its membership since the former hearing. While this may be entitled to some weight as a reason why the Court should, in the exercise of its discretion, re fuse a rehearing, we cannot go so far as to hold that as a matter of right a rehearing cannot be allowed in any case where the Court has become differently constituted. To so hold, might occasionally work great injustice. The Court remains the same, whatever changes may occur in its membership. The first ground for the motion was argued by plaintiff's counsel at the former hearing, or at least in his brief then filed, and was also ' . 1 I passed upon by the Court m its de- cision in the lollowmg worus : vs . m - jb . & A W the submission raises the question nrV.AiV.o. "MV f!?imrbpll was IeGrallv entitled to distrain for his rent, we do not consider that it is embar rassed by the fact that ho did not apply to the Court for an order. That method would have raised the same question that is now raised." Where a point is raised at the first argument and is not overlooked by the Court in its de cision, it is not, except perhaps in a very clear case of error, a proper ground upon which to base a mo tion for a rehearing. The question eubmitted was whether the defend ant could legally distrain, and not whether any particular method of making O Mistraint was legal, . . it., n .wi 1111S 13-llie View lUC w it decided that a distraint could be legally made. As to the second ground for the motion, tho Court did not hold tvnt fhf fronds taken irom ooin stores could be held for the rent of on of them, but that the goods fni-or fmm nnfi could be held for WUUVI v - - the rent of that one alone, uui it i ran tended that the claim was not divisible, and that therelore rvnrf nnnLl not rn-onerlv de- cide as it did. This point was not 1 4 1, firal hoiTintr In I raised at tho lirst rearing, xn general, except where a decision is in conflict with an express sta- tntp. or with a controlling aecision to which tho attention of the Court was hot drawn," a " motion for re- arcumcnt should be founded on papers showing clearly that some question decisive of the case, and duly submitted by counsel, has been overlooked by the Court." Kenway vs. Notley, 5 Haw., 129 ; iVivne vs. Treadwell, lGCal., 247; Douphertv vs. Henarie, 49 Cal., i:sr. As alreadv said, the first Doint was not overlooked by the Court. The second point was not T.iised bv counsel. e may add that it doe3 not clearly appear that 4V. Mnim is indivisible. The amount of rent due in respect of u dn-n ;a cprvirnfplv stated in ih omission, and it is also stated :ZZi :;Kc,Min a tr,nr1pron the mai , 1 rruf' TOa gooas in eacu biuxc. evidentiv no mienuon w mao viio question of the right to distrain in one case derend upon the right to distrain in the other. The point raised is an exceedingly technical one at best, and not in accord wiin the spirit of the submission, or the evident understanding ot tne de fendant. AVe think it would not in ihn interests 01 lUStice to errant a rehearing, and, in the ex ercise of our discretion, decline to r?r PO. A. S. Ilartwell for plamtitl ; . Brown for defendant. Honolulu, July 25, 1S93. f, TUnmtrated TomfBta' GtlidO ' That popular work, "This Toubists nr-Tiu TmtoroH thk Hawaiian Isl ands," is meeting with a steady sale both at home and abroad. Tourists and others visiting these islands should be ia possession of a copy of it. It is a per fect mine of information relating to the eceneB and attractions to be met with here. Copies in wrappers can be bad at tha publication . ofSce, 48 Merchant t fit the News Dealers. Price la th3 Depredllou of tuuo. That coon of Rueger's, which has been sauntering around the lamppost on the corner of Ninth and Banks streets from time to time during the past three months, made things lively Sunday after noon at Mr. B. A. Fox's bird fitore on Broad street. Mr. Rueger got tired of the quadruped and wished to dispose of him. The coon was accordingly turned over to Mr. Fox, who Was to sell him. He was kept at the bird store. Sunday afternoon, when everybody was away, there began a gen eral havoc on the part of the animal. Climbing over a partition in a show vrin flow, he proceeded to chew up five Abys linian rabbits. Only one of the pets was left to tell the tale. Ilis coonship then dined upon a handsome Brahma cock in the rear of the establishment and after ward proceeded to deprive a beautiful tropical song bird of his plumage. He next made an attack on a number of goldfish, and when his appetite was satisfied there wasn't a single representa tive of the piscatorial tribe left in the aquarium. Several other depredations were committed, and his coonship was making preparations to exterminate ev ery valuable bird in the establishment when two festive coppers crawled over the transom and put an end to his calcula tions. He was carried back to Rueger's, but soon effected his escape and made it lively for the squirrels in the Capitol square. A small regiment of small boys were in pursuit of the animal, which wih an all important air mounted the Washington monument and soon sat complacently on the top of George's head, evinir his Tjursuers with an expression of minzieu ueuamjw auu m iu iuai i v . xo nw finally captured. Richmond Times. Spohr and the Kings. All are not kingly who wear a crown, At a court concert the Duchess of Gotha expressed in the curtest style her disap proval of the loud playing or bponr, tne great violinist and composer, w niie ne was Diavmrr she sent a c nam ber lain to reauest him not to make so much noise. The king of Wurtemberg was in tne habit of amusing himself at a court con cert by playing cards. Spohr, being in vited to play before the King, mtormeu the chamberlain that he must decline the honor unless the king abstained from card Dlavincr. The chamberlain was hor rified, but the violinist insisted, ana tne kin tr conceded the point. But in order that the royal time might not be wholly occupied in listening, he stipulated that lilt? V KF JUCtCJI ow T pm, for snohr should follow each other Nevertheless his majesty showed that the violinist's demand had ruffled the royal temper. Etiquette prescribed that the king should give the signal tor ap plauding. At the conclusion of each piece the king gave no signal and a sol emn silence reigned in the salon. The king had his small revenge. The king of Bavaria was a gentleman. At a court concert he noticed that the usher liad neglected to place a seat for JIme. Spohr, an excellent harpist, who was to' accompany her husband, me king placed his throne chair on the plat form and with the mild insistence or a gentleman compelled tho lady to sit in it Youth s Companion. The Everlasting "Vby.M There is an ocean of the unfathomable in every raindrop, and God says today as ho said in tho time of Job, "If you can- There is an ocean of the unfathomable . ,aA ,1rrT1 of rain, do not bo surprised if my dealinrs with you are inexplicable." Why does that agea man, decrepit, beggared, vicious, sick of the world and the world sick of him, live on, while hero is a man in midlife, con- to. every respect, who dies? Why does that frossin. caddinz along the street w - rj 7 - -r about everybody's business but her own, have such good health, while the Chris tian mother with a flock of little ones about her whom she is preparing for use fulness and for heaven the mother who yon think could not be I rum unit uuuscuuiu "j uwo " wiivdoea . on ,,. fortUne to fortune, consumin vprvthinff on himself, continue to pros- rer hilo that man who has been giving 10 per cent of all his income to God and the church goes into bankruptcy? Be fore we make stark fools of ourselves let us stop pressing this everlasting "why. Dr. Talmagein Ladies' Home journal Washington u City of Churches. There is no city in the United States which might be called the city of churches with more appropriateness than Washington. They are not partic ularly large or imposiufc, these Wash ington churches, but there is an im mense number of them. As a matter of fact, the capital contains nearly 200 churches. The Methodist denomination rl.iims 52. The Baptists come next with 45, then the Episcopalians with 20 and the Presbyterians with 21. The Roman Catholics have 13, the Lutherans 10, the Congregationansts 4. me neorews anu the Christians 2 each and tho Unitarians, . TTniversalist3 and the Swedenbor gians 1 each. Besides theso half a dozen nonsectarian there are bodies. Washington Letter. Respect For the EngUli Iacuage. If we reverence our mother tongue as we oucht. we will be on our guard not to insult it by violating its rules. We will not say, "You hadn't ought to do this," or, "He ain't a-goin to do that." We will avoid that last and worst error of the vulgar, the double negative. We will be above misplacing mooas ana tenses and putting the nominative case where the objective belongs by right. Harper's Bazar. Sloney Saved, Money Earned. Mrs. Climber My dear, Mrs. Highupp has had her portrait painted by a cele vrtpd artist, and I haven't had a thing but common, ordinary, everyday photo graphs to show. . Husband (a wise man) Huh! The idea of advertising to the whole world that her complexion is so bad it won't stand the camera? yew York Weekly. iLSV on 3 erfttl Echo. In the Romaa Campagna at the sepul- j cherof Mefciila, wiffluoj. Sulla, there is ( i fcnVrt t Kat reTjeate five times, each be-, m ln a different key. It will also repeat . 1 heaameter line or another sentence, ttarcin be spoken ia 2 J seconds. New ' York Evening Bun. JJAIL.Y PACIFIC COMMERCIAL, ADVEUTISEU, AUGUST t. 1MKJ. jmClAL DIKECTOltY Provisional Government of the Hawaiian Islands. EXXCCTIVK COCXCIL. 8. B. Dole. President of the Provisional Government of the Hawaiian Isl ands, and MiDister of Foreign Af fairs. J. A. King, Minister of the Interior. S. M. D.4mon, Minister of Finance. W. O. Smith, Attorney-General. Advisory Council. W.C. VsMer. VlcPresident of the Pro visional Government of the Hawaiian Islands. C. Bolte, Cecil Brown, John Emmeluth, E. D. Tenney, W. F. Allen, Henry Waterhouse, A. Young, F. M. Hatch. John Nott, John na, James F. Morgan, Ed. Suhr Jos. P. Mendonca. Chas. T. Rodgers, Secretary Ex and Adv. Councils, Supreme Court. Hon. A. F. Judd, Chief Justice. Hon. It. F. Bicker ton. First Associate Justice. Hon. W. F. Frear, Second Associate J ustice. Henry Smith, Chief Clerk. Fred Wundenberg, Deputy Clerk. Geo. Lucas, Second Deputy Clerk. J. Walter Jones, Stenographer. Circuit Judges. ITT Tft?i? 1 First Circuit: Vtl' ,V""inM Oahu. I ii. -ill. cooper, j Second Circuit: (Maui) A.N. Kepoikai. Third and Fourth Circuit: (Hawaii) 8. L. Austin. Fifth Circuit: (Kauai) J. Hardy. Offices and Court-room in Court House, King street. Sitting in Honolulu The first Monday in February. Mav. August and November. Department of Foreign Affairs. Office in Capitol Building, King street. His Excellency Sauford B. Dole, Minis ter of Foreign Affairs. Geo. C. Potter, Secretary. W. Horace Wright, Ed. Stiles. Lionel Hart, Clerks. Department of tub Interior. Office in Capitol Building, King street. His Excellency J. A. King, Minister of the Interior. Chief Clerk, John A. Hassinger. Assistant Clerks : James II. Boyd, M. K. Keohokalole, James Aholo, Stephen Mahaulu, George C. Ross, Edward S. Boyd. Chiefs of Bureaus, Interior Depart ment. Surveyor-General, W.D. Alexander. Supt. Public Works, W. K. Rowell . Supt. Water Works, Andrew Brown. Inspector, Electric Lights, John Cassidy. Registrar of Conveyances, T. G. Thrum. Road Supervisor, Honolulu, W. H. Cum- mings. Chief Engineer Fire Dept., Supt. Insane Asylum, Dr. A. Mc Wayne Department of Finance. Office, Capital Building, King street. Minister of Finance, His Excellency S. M. Damon. Auditor-General, George J. Rcss. Registrar of Accounts, Geo. E. Smithies. Clerk to Finance Office, Carl Widemann. Collector-General of Customs, Jas. B, Castle. Tax Assessor, Oahu, Jona. Shaw. Deputy Tax Assessor, W. C Wcedon. Postmaster-General. J. Mort Oat. Customs Bureau. Office, Custom House, Esplanade, Fort street. Collector-General, Jas. B. Castle. Deputy-Collector, F. B. McStocker. Harbormaster, Captain A. Fuller. Port Surveyor, M. N. Sanders. Storekeeper, George C. Stratemeyer. Department of Attorney-General. Office in Capitol Building, King street. Attorney-General, W. O. Smith. Deputy Attorney-General, G. K. Wilder. Clerk, J. M. Kea. Marshal, E. G. Hitchcock. Clerk to Marshal, H. M. Dow. Deputy Marshal, Arthur M. Brown. Jailor Oahu Prison, J. A. Low. Prison Physician, Dr. C. B. Cooper. Board of Immigration. 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 Court House Build' ing, corner of Mililani and Queen streets. Members Dr. Day, Dr. Miner, Dr. Andrews, J.T. Water house, Jr., John Ena, and Attorney-General Smith. President Hon. W. O. Smith. Secretary Chas. Wilcox. Executive Officer C. B. Reynolds. Inspector and Manager of Garbage Ser vice L. L. La Pierre. Inspector G. W. C. Jones. Port Physician, Dr. G. Trousseau. Dispensary, Dr. H. McGrew. Leper Settlement, Dr. R. K. Oliver. Board of Education. Court House 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. James Thompson, Clerk. &iural lDicrtistmrnt5. ISTKW GOODS 4 Fine Assortment. 1LES FOR FLOOR And for Decorating Purposes; Matting o? all Kinds, Manila Cigars. Chinese Fire Crackers, Rockets and bombs, Japanese Provision and Soy. Eand-paintei Porcelain Dinner Set. A few of those fine hand-embroidered fcSIH.IC unci SATIN HCIIIICS, ICHONTY FliAMKH, Assorted colors end patterns of Crepe BilkBhawls. Elegant Tete-a te Cups and Saucers. A flue lot of BOATS AND ACCESSORIES A few of those handy Mosquito Urns. Also, an assortment of new styles of Rattan Chairs and Tables Also, a COST Dill small 28. selection of JAPANESE WING WO CHAN & CO. Mo. 22 651-Q The Hawaiian Newspapers DAILY AND WEEKLY With a combined Circulation of iSOO CO.PITCS Furnish tho best medium for advertising 111 the Hawaiian language, and are the only recognized leading Journals. Advertisements ana subscriptions received at the office of the Hawaiian Gazette Co., 46 Merchant Street, Honolulu. Hawaiian Stamps WANTEJ IW1LI PAY CASH, KOK bl'lilKK large small quantities of used Ha waiian Postage Stamps, as follows: (These offers are per iiund rod and any quantity will be accepted, no matter how small, at the same rates.) 1 cent, v.olet $ 1 cent, Mue,. 1 cent, green.... 2 cent, vermilion 1 to 75 40 50 75 2 cent, brown 2 cent, rose oy 2 cent., violet. 1891 issue 60 5 cent, dark bine 1 50 5 cent, ultramarine blue 1 to 6 cent, green . 2 50 10 cent, black 4 vd 10 cent, vermilion 5 00 10 cent, brown 2 50 12 cent, black o uu 12 cent, mauve 6 00 15 cent, brown - 5 00 18 cebt. red - 10 00 25 cent, purple 10 00 50 cent, red 25 00 $1, carmine ZS uu 1 cent envelope 50 2 cent envelope t 75 4 cent envelope 2 00 5 cent envelope 2 CO 10 cent envelope - o uu S3"No torn stamps wanted at any price. Address : GEO. E. WASHBURN, P. O. Box 2068. San Francisco, Cal. 3021 1418-tf The Planters' Monthly TABLE OF CONTENTS." JULY 1S93. Notes. Advance in the Price of Sugar. Cocoanuts and other Palms. Commissioner Marsden's Keport. Hawaiian Crown Lands Estate. . The Watsonville (Cal.) Beet Sugar Factorv. Report of the Hawaiian Forestry Commission. Palms. Green Manuring. Potatoes as a Crop. The Cultivation cf Rape. The Banana Its Description, Varie ties and Manner of Cultivation. California Fig Trees. The Chicago Stock Yards. Sandwiches. The care of Tools. 'The Gorman' NEW EUROPEAN ! 100 Elegantly Furnished Rooms ONLY TWO BLOCKS From Main Entrance to the Fair 316-318 65th Terrace, Chicago. Rates: $1 per Day and Upward. Ist-Cla33 Caf5 3359-Sra J. F. GORMAN, Psof. K OEM OBDWAY & POET KB, Ecbisson Block, EcUl Sine!, beaten Fort aid Kuuanu. Furniture, Upholstery AND CABINET O K LEGAXT JO F. S I G ,T S IN WICKER WAKE, ANTIQUE OAK, BEDROOM SUITS, CI1EEE0NIERS, SIDE-HOARDS. ETC., ETC. J3F"Matting laying a specialty. All orders attended to. er BELL TELEPHONE 525. gT MUTUAL 045. JOHN NOTT, IMPORTER AND XJEAXjEH IN 1 VL. v mm Steel and Iron Ilanges, Stoves and Fixtures, HOUSEKEEPING GOODS AND EITCHEM 0TENSI18, AGATE WARE IN 'GREAT VAHIKTV, White, Gray and Silvr.r-plated. RUBBER LIFT AND FORCE PUMPS, WATER CLOSETS, METALS, Plumbers' Stock, Water and Soil Pipes. Plumbing, Tin, Copper and Sheet Iron Work, DIMOND BLOCK, 95 Great Clearance Sale w PS E- w C fa iH COMMENCING MONDAY, JUNE 26, 1893. We will offer anything in our P Stock At Greatly 3F"Call ari'l see for ring m all Departments. Egan & Guini, Fort ABSOLUTELY PURE ! One Hundred Pounds Worth Two Hundred of Any Other. M. W. J 3301-ly icChesney JTJST ARRIVED PER IJVIili C. r. liliVVNT. BABY CARRIAGES of all styles, CARPETS, RUGS, and MATS in the latest patterns, 66 HoiaseliolcL 99 Sewing Machines Hand Sewing Machines, all with the latest improvements. Also on hand Westerinayer s Celebrated Cottage Pianos Parlor Organs, Guitars and other Musical Instruments. SFFor sale by ED. HOFFSCHLAEGER & CO., King Street, opposite Castle & Cooke. MAKING. ETC. HOSE ! and 07 KING STJIEJJT of Goods ! m Reduced Prices 1 yourself, the bargains we are treet. -o- & Sons f i.f.-',.3Jtt'.itt'K2t-5B,lMI ii .- -a 1 0 Ocnrral rcrtirrmcurc. COAL At McKinlry I'x-U'ch irci.Yicruit: hay STOV35 COAL At Si 2 it ton i CIVliered to any part of llono Jlu rKKK. IIlvSTACK cV CU. fi27"King np No. 414 c n Hoth Tele- hone a. 3172-tf THE HAWAIIAN ClilUE BOOK lSc;2. 1892. UK 1 JL.LTJBT ltVTlCU Thioiigh ihti Hawaiian Lvlands K. M. W111TNKV, la-n.,... Price In Honolulu, 60 Cents pur Copy The l'.ook lma I'ti iapes of text, with SO Full I'age IlluElraticcs of Island Eccctrj aud a description of the Pearl Harbor Kailway enterprise, and surrounding country. It has alfo FOUIIMATH of the larger Islands, prepared espressly for it. The GUIDE Rives a full debcription each of the principal Islands and Kettle nients in this Group, and will prove an invaluable hnnd-book for tourists, and for residents to send to their friends abroad. .i5ome of the illustrations in the new boo ere very fine specimens of the rbot.o tint" process of engraving, and accurately represent the scenes portrbyrrt.' " X&k'or sn!e at Jlhv.'iii-n News Coin iany's, and at T. (J. 'J It nun's tJp-tovm btationer1 Htore. dAvd The Uuide will be mailed to any part o the islands for f4 Out a pet Copy. Or, to any foreign country for 70 (n Published by the H1WAIIAN GAZETTE PUBLISHING CO. -AO Merchant Ht., THE HAWAIIAN Fertilizing Company While tl.anktul to the IMantetH for their generous 8Uiport fluting the past year, Io now ofler a few tons of Various Grades of Fertilizers S:.ill remaining on hand, and ready for immediate deli very : Complete Uiph Grade Fertilizer, PISH GUANO, Hotted Stable Manure and Land Plaster, Sulphate Potash and Muriate Potinh," Nitrate of Soda and Dried ZJlood, Dissolved Laysen Island Guano, Pure Raw Bone Meal Ground Coral Lime Stone, Ktc., Etc., Etc. Having disposed of Large Quantities of Manures and High Grade fertilizers during the year 3892, vre are now pre- ared to receive orders lor 1893, de ivery in quantities to suit. gJVe will give tenders for sny Quantity and of any Grades desired. Fertilizers made to order, and any analysis guaranteed. fifflT'While making your orders for 1893, give ns a call, or send your orders to A. F. COOKE, Manager Hawaiian Fertilizting Co. INSURE WITH THE AGENT OF THE GERMAN-AMEMCAN Insurance Company OF NEW YORK. ASSETS - - - $5,879,208.00 NET SURPLUS - 2,255,389.00 Solid Security Against Fire. Fire Insurance Only. When Rates are Equal, get the Best Security. WILDER & CO.. 3320-lm k AGENTS, I CO cents .