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T3IK IACIFIQ COMMICHCJAL. ADVERTISE! HONOLULU. JANUARY AO, 1895.
0 jn tba Supreme Court of the Ha ,' waiian Islands. Dei iMcrn Tutu, 1801. rxroftc Ji'Pi, i J. hickeiiton, j. and ooorin, ciRCDiT judge wo iat i ruicc or rncin, j. amkht mow ILLXX93. W. C. Acni ys. J. Alapai and Maiit Alatai. Appeal on pointa of law from Dis trict Magistrate of Honolulu. Au flldAYU in rpleTln required by ub diTiftion S Bee. 2. Chap, an Laws of 1SS4. following the Hawaiian Tertion, it taOdant, it not appearing to the Court that ther U anj radical and ir reconcilable difference- between the Knillth,nd Hawaiian versions oi said stataU. . Defects in au affidavit in replevin do not affect the caue of action Itself only the right to obtain immediate posses sion. OPINION OF THE COURT BY JUDU, C.J. The plaintiff brought an action in the District Court of Honolulu to re cover possession of a horse and claimed and obtained its delivery to him upon an affidavit. The defend ant J. Alapai disclaimed all interest in or possesion of or control over the horse. The defendant, Mary Alapai, moved that "the case be stricken from the calendar and dismissed for that the conditions precedent to the issue of a writ of Kaplevin under the provisions of the statute have not been complied with." The motion was granted and the plaintiff appeal ed to this Court on the point of law involved. Objection is made by de fondants' attorney that the appeal is not perfected in that the certificate of appeal doe3 not distinctly set out the point of law appesled from. Vie think that it does. The motion to dismiss is in writing and it sufficient ly appears therein what the law point appealed to this Court is. Counsel for defendant has indicat ed the particular condition precedent which he says has not been complied with the non-compliance of plain tiff's affidavit with subdivision 3 of Sec. 2 of Chap. 38 of the Laws of 18S4 respecting actions to recover personal property. This reads in the .English version The affidavit must show that the property "has not been taken for a tax, assessment or fine pursuant to statute,' &c. The Ha waiian version is uAole i laweia na waiwai nei no kekahi aie a hoopai paha e like me ke kanawai," &o. Counsel for defendants contends that the phrase in the English ver sion that the property has not been taken for ua tax, assessment or fine pursuant to a statute," is not com plied with by the allegation that the property was not taken no kekahi aie a hoopai paha e like me ke kanawai." He claim that the word "Aie" which literally means a "debt," and the word "hoopai" which liter ally means a "fine," do not express the phrase a "tax, assessment or fine." ' It is evident that the translator of the statnte took the general word "aie" aa expressing the idea of the two English words tax or assess ment. We think it well might mean them. "Aie" means in its context, an obligation, an owing or an in debtedness created by law. If a person's property is taken for a tax or assessment in pursuance of law it can only be so because he has incur red some obligation therefor. At any rate the Legislature considered the two expressions in the several versions of the statute to be equiva lent and we do not find that the difference between them is so radical and irreconcilable aa to compel ns to hold that the English version should control. We think the affidavit was sufficient. . But it was error to dismiss the cause even . if the affidavit did not comply with the statute. Reference to the Statute of Berplevin makes it clear that the proceedings try which a plaintiff may obtain immediate pos session of personal .property for which he brings action to recover are entirely independent of aueh' action. He may not desire the immediate possession of the property and not file any affldarii. 4. Iq..anch case the action would proceed and the title to the property be tried. The legal effect of a defective affidavit in re plevin would be merely to annul the delivery taken in pursuance of it. The legality of the seizure is, the only question involved and not the right in the property. We so . held in Ah Leocg v. Kee Von, 8 Haw.' 418. The appeal is sustained and the cause remanded to the District Court of Honolulu for further proceeding. W. C. Acbi for plaintiff; V. V. Ashford for defendant. Honolulu, January 2, 1805. Saloon a to Open, The saloon men were made happy last night by receiving word that they would be allowed to open their places of buines today. The order was tent out by Marshal Hitchcock. It allows saloons to bo open from 0 a. ra. to G p. m. Only drao jht beer will be sold for the pres&at. The sale of alcoholic li quor is Atrictly'forbldden and if in dulged in, the aloon will fie clofd. The Hawaims Oiztms Commjjt msnuacture rnbW Utnj of all - descriptions. COLOUADO'SCAI'ITOL. IT 13 ONE OF THE COUNTRY'S FIN EST STATE DUILDINQS. Whe rully CompUUtt, It will CmI Abovt 3,OOOaOOO-Th Kit Comma VUw oT M !! lUaaty Tho formal Opinio Will Occur In Ang-uat, laos. The new utate capital of Colorado is practically completed and will be form ally opened with a great celebration oa Aug. 1, 1805, the nineteenth anni versary of Colorado's admlMloq to the Union aa a ttata. The mammoth struc ture has already cost i3.25O,OO0 and when fully completed will doubtless represent a total outlay of about $3,000, 000. It is already occupied, despite the fact that the marblo floors' and onyx wainscoting called for by the 'contract are not yet In place. The building is located upon Capitol hill, Denver, and commands one of the most magnificent views in the United States. For a distance of 175 miles the mountains stretch away in indoscribable grandeur. On to the south Pike's peak rears its lofty head to the very clouds, and to the north the snow capped sum mit of Cray's peak greets the gaze of the awed onlooker. These two towering sentinels guard in solemn grandeur one of the most Impressive views that may bo obtained in any city in the new world. Tho capitol itself is well worthy of the conspicuous place it occupies in such a grand natural panorama. There are a great many handsomo and expensivo state capitols in this country, but it is said that when the item of cost is taken CAPITOL IX DENVER. into consideration Colorado has the most beautiful, imposing, substantial, and symmetrical capitol in the United States. The act providing for the building was approved by the governor of Colo rado in February, 1883, and tbo corner stone was laid by Governor Cooper on July 4, 1890. A spirit of local pride prompted the 6chem, since carried out, by having tho building erected by Colo rado men and with Colorado materials. This fact has delayed the completion of the building, for the marblo needed for the floors has not yet been dug from the mountains of the Centennial State. A $500,000 appropriation is needed be fore this work can ' be done, and . the task of completing the building is thus at a standstill. During the past year there has been no money at the disposal of the board of capitol managers, who' have been compelled to pay contractors with certificates of indebtedness. The building is of the Corinthian or der of classic architecture and contains 160 rooms, many of which are of mam moth size. The heating, lighting and ventilating machinery is in a subbase ment, and the basement story, Which is 15 feet high, will contain storage vaults for the department of records and the offices of tho state geologist, adjutant general, historian, mine inspectors and horticultural commissioner. On the first floor are the offices of the governor and other state officers. The supreme court, the state library, the legislative halls and rooms for legislative officers aro on the second floor, which is in part the second and third stories thrown togeth er. The house of representatives. is C3 feet long and 52 feet broad, and the walls surrounding the room have fluted columns, with Ionic and Corinthian caps. The senate chamber is of about the same character as the house of represent atives. One of the mot attractive fea tures of the building is tho rotunda, which is 46 feet in diameter and is open from the basement to tho dome far above. In the walls of tho rotunda aro niches for appropriate statuary. There are four entrances to tho building, and the stone uwed in the construction of the exterior is a soft blue granite well adapted to such a clear climate, whero smoko effects aro not ncccKsarily consid ered by the architect. Tho dome is of glifltening copper, and in timo it will be rurmounted by a statue typical of the Centennial Btate. Tho formal opening of the capitol will be made a gala event in Denver in August, 1895. Every governor of west ern states and territories and tho offi cers of their respective staffs will bo In vited to attend tbo ceremonies and celo brato tho event with the pcoplo of Col orado. Tho chamber of commerce of Denver already has tho matter well in hand, and Denver promise to dispell" princely hospitality when bx-r distin guished gut from sister states mid fcrrritoric arrive. Aftrr tho dedication tl tho capitol a convention of tho gov ernor and attorwy generals who an prrrfwnt will li held to nM-ornmc-nd for legislation rneastm of vital InN-rrst to tho west. Tho l-ttrr conduct of inter itato relation, inarriag' divorce, In dian regulations, irrigation, collodion laws, a national bankrupt tu t, thn xnoro HWal use of silver and other financial 'u-stlon will bo carefully considered, with a view to staff and national legis lation. Alttrr ih tvttiKrt ha ojenl and lhrs topic have lxn pnwntvd to the iIlgatMi fur their rnrnt considera tion the viit"r and their entertainers will make an extended tour of the state, rlltiug thiinhifs and variou points of int r-t, fo hanlral and natural. It I hop! that liy the tof Angnt, lMlf, the building will have Urn folly com pletM, m that the visit may view it In all If f.5.000.000 glory. ArVu7int 7 cent a month. Ladies' Column. POPULAR APPROVAL Goes far toward establishing tho standing of a business houso in any community, and tho good-will and patronage wo have had during tho last forty years indicate, not only that we have tho roruLAK ap rnovAL, but that those who havo dealt with us have been eminently satisfied with their transactions. WE ATTRACT ' And retain patronage moro by the excellence of qualities shown and our reasonable prices than by preposterous claims of selling goods below cost, etc. WE REPEAT As we have said before that when you pay less for goods than we ask for them you get an inferior quality. WHILE WE Carry a stock of dry goods that is complete in every sense, from the lowest priced goods to the most luxurious made, we make a specialty of the highest grade, and exclusive designs of the most recent and accepted styles. IT IS Worth your while always in making purchases to look at our stock before deciding. If we have what you want you will certainly buy it, if quality and price are any consid eration. THIS WEEK Ladies' Underwear in con nection with our general stock will receive considerable at tention, it is our intention to make a run of them and as the stock is an over large one, first buyers will, have first choice. b: f. ehlebs & co. G. WEST, ion -:- t IMPORTER AND DKALSB IK Carriage Materials Of Every rescription Including OAK, ASH, HICKORY AND WHITE WOOD LUMBER, Spokes, all sizes ; Bavern Wheels, Wood Uub Wheels, Sawed Felloes, Bent Rims from 1 to 2 inches, Damp Cart Shafts, Wagon Poles, Double-trees, Single-trees, Wagon and Cart Hubs, all sizes ; AND A FULL ASSORTMENT OF Trimmers Materials Carriage Hardware, Norway Iron, and Steel Tires. CCIIaving a long experience in the Carriage Business. I am prepared to sup ply Carriage Builders, Plantations, etc., with first-class materials, personally selected, at the very lowest cash prices. gjLjAl Island orders will receive prompt attention. MASONIC BLOCK, Corner ' Alake and Ilotcl Street. CCT-Telephone No. 3S0. M78-tf TP fi-tW Milk Y- fi.r lt.ff:t lm, during SA year; j-rown In fvor with Ix'th !rtr and nu.lhrr thrtUlimit the world, nd i now un jur.t liinobl "'t fiily lh! cl aul(iture fr mHhrr milk, but thn (.! whUh Barret with Ihm rjft rrirtitann .f Infant. It tvrs iffutth nd tiiti t rrit tlifl wraltrnln rfl'i t t( !'( IT and Hj avrd I bo livr t ihouMNi! f n(nt. To any niotlirr "nrtln IhouMiii! il nini. o any niotlirr 'nrtintf ti ailtlirM. Oli'l tiirtit imiintr liuttrf. will end luuiiple aou crx. nation ( iSmiU I-imm!. Tbo Lung A Co., U AfU. S Murray Ht, . Y. Conn MerchaD Th j.unvy Tor NESTLES MILK FOOD 14 WITH TIIK Dollister Dro? Company, Limited Copartnership Notice VI i:mmkh. tiiko. v. lanhino ami v Mnni i'hillifMi tmv( thin 1y mvti Rlnuttl a pnrtnrrM In nur firm. M. I'll I M.I I'M A CO. Ilori'it'ilu, January lt, lHff. ;iNMlSr mis IB RESERVED FOR N. 520 Fort Street The Popular Millinery House. Give the Baby FOR AND INFANTSNVALIDS. t . V u rV? MARK. fffiffl BENSON, SMITH & CO., . t Sole sexits SOMETHIIG MM ! Mexican. VERY FINE. Said to be Super ioi to Havanas ! HOLLTSTER & CO Importers of TolOaocos, Ciffars. Smolcora Articles, Wax Veataa, 3Cto., Sto. Pacific Guano and COMPANY, G. N. WILCOX.... President. J. F. HACKFELD....Vice-Preaident. I. O. BOX 484. OUR NEW WORKS AT KALI HI belnR completed, we are now read? to furnish all kinds of ARTIFICIAL : FERTILIZERS ! AL80 CONSTANTLY ON HAND PooiiU? Guano, Potash Sulphate of Ammonia, Nitrato of Soda, Galcinod Fortilizor Saltfl ETC., KTC, ETC., K1C, KTC 0 Btocial attontlon Klven to nalyii of noils by our Agricultural Chmlt. LAil poodw aro Ruaranteed In every rtmecl. CST'For further parttctilani apply fo PACIFIC GUANO AND FERTILIZER COMPANY BNTBRPBISB PETER HIGH A CIL i AUk.ik nd UichriH oo.r MOULDINGS, Doors, Sash, Blinds, Screens, Frames, TURNK AND HAWED WOUK d7"Prompt attention to all order. TWLwrttoN it MUTUAL W. SPACE SACHS', Honolulu A Perfect Nutriment Tom growing Children, convalescents, consumptives. Dyspeptics, and th Aced.aod In A rale J and all Waatla Dirmaa. THE Best Food for Hand-fed infants. OUR BOOK for tb fr!tmkn of mothers, "The Care aad Fee4 f m ef In(kBta,"wlIl be maikxv to any address, upon request. Do liber-Goo dale Co, BOSTON, MASS.. U. 8. A. t for tlxe Hawaiian Islaxxds. TRY THEM. Fertilizer T. MAY.... Auditor. E. SUI1R. . . .SecreUry hI TreAsurex. MUTUAL, TEL. 407. PLANING MIT-i Proviriitcrs, Qnon Btro.t, UonolttJa. II Etc. JUST mm J. T. WaterhouEe lo. 10 LADIES' ATO OECTS BATHIKG SUITS ! Ladies' and Children's Clcdx and Jackets, ' J KID GLOVES, CHAMOIS GLOVES, ladies' aitd childeeii's aod Bonnets I TEHOXED A1D TJOTEHQdDf Dress Goods in great variety, Bainbow and Embroidered Crape, New Curtain Materials, jmik ana velvet luDDons, 1 I. X -, T," Novelties in SncMxi:; Chiffon Handkerchiefs ana Ties, LACE AIO) E2IBEOIDEEiU EI0UNCII6S I The Iciest by. tts Sdn " China !" Silk Goods, Silk Skirts, Silk Underwear, Straw Hats, Cotton Crape, Also a fine assovtmant ol JAPANESE -:- Of evtry ilesciiptlcn. town. c K. PUEUYA. Robinsoa Block, -Dotel Slrcst j j L Something New. t hAx Juit rturtt4 from thaCi)at rtnl hvt otwni op & complete tiH-eHek Ewrjtlilft an4karixthlft8 from ujtar to Ilia tchdioHt w )wxftWa Mv motto ii to :XAtA3R mil VALU14, Kvrthiittf ttew iml fhh, Onm ftt)l ?tt my wl ml Vt- Va Urowtv tldtel and rhlth t epp AtttnLtt Store Hats GOODS