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TTTK PACIFIC COMMERCIAL ADVERTISER: HONOLULU. JUNE
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" ' r'V' U"1 "".v .tan.li,, f,n,,.,, wiarf
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An.l flu- 1.-,,. ..hall nKv., haV(. tl). rJ M nf
I..r .n,l a, ,,., ,,, ilUvht y ,,; ,
.r,.llil.,.,..sn,l.,i,,N;" .Aril, ,t
nun till' U'.-
n in. iv have tivr wati
nnir pl.i.-CH iilonj; tlic lino of the lessee
'!., ,, r fr wat, Tin- the livr ..fn-k of the l,..s,
. t f m
m th, uarrr r ... ., th, AnnUvd h.n.l, Uw
.)f. m lr, mt. n.hil ami ,.rvii!ul fr, ami ,,, ,, ,m tlu.
; "t without diversion.
If tl.- I'Aver of th, nnn.in- ar.-lValli, watl.w IIISIV f rj,rlt
""I l.v th, twt for p-nrratin- rhrtrintv l.v 'th, ,..tal-.-.i".
-it of marhinr rv, ,-r,... i tlu- riv.r l,l or or. th, a.ljoinin-'"-.I.
tl.rn tl.M ron.fnution will h-a-l to th:, r,.ult that oth,r
' '.'n.f.wtnrif,- r.tal-li-hir. nt, ln, fi. ial to th, plantation In.iv
I- .-itn.larlv s-t up, a.,, or rx.unp!,.., saw-mill-, ami planin-mill,
lru n I.n- m-. jW( r for pn parin- plank.n ami i.tlu r lumii-r for
in mill l-niMin-- ami oth. r stni.-tun on th, plantation 1.
i 'w: ,.r rvrn th, i,w,r mill it-,lf miuht r.vH.-.l an.l main
VmaM at any wafrr-fafl in tlu, .stream, if it w,r, ,l,,n,,,l pr,i-'i'.iM-
"r .h-iral.I, to .!.. .,. Th, principl, U th, sam,, it
aoiiM h, a ih, of th, .-am, p..wi r, at th, -am, ph.,, ami for
'In- i-i rmitt.,1 pnriHMS No .iichrant of th, right to hi lis,
'lie l.imU not .h ini.-i .l was contrmphitnl or ran 1, h,M to hav,
l rn rnafttl l.v th, lantiai:, of th, l as-.
N'o ipu.tioii i rai-, in this va sw to th, l,fi mlant right
!. uv th, p-anN.I Wat,r in any way if mis fit, oftrr it has r,a,h
"l th, h mi .l latuls, provi-1,.1 only it is for th, MirjH,s,s nain,.l
m the ifi-trumi-nt.
'Ih, main ohj.i t nf th, l,a-, w;h no ilmiU th, cstaMUlnnciit
"f l.ir-, Miar-caru! plantation, ami the prantin of facilities
which wotihl t,nl to tnak, th, rntcrpris, a .n,cr.-s. At th,
..line time, it. m cl.arly apparent from u htmly of the lea.-, that
the lessor wrr, rxtremely areful to mak, all por-sibl, resena
tior iiml exception in thNir own favor, nml thi to., in juhlition
l th, n tit or .lireef. compensation stated, which cousin of a
hare of th, product. "No rights ot.Nido of th, demi-ed pn m
iH other than herein granted are herehy .-.cured to the lessee,"
tliey added. Just what, agreement th, parties would hav, cn
t,red into in pgard to electricity had that subject W'tii men
tioned or thought of, is altogether a matter of conjecture. The
lesson may po-sil.ly have yi.-lded to the h sse. '.s rights equivalent
to II.om' now claim, d l.v th, latter, 1-ut there is at least a much
ground for l.eli'ving that the right, if granted, would have Wu
made subject to some re-f ri"? iot.s ami re-ervations.
To the tint .iiestii.n submitted, to wit, '"whether or not the
llawaii.it. Sugar Company has the right, under said agreement
marked Mxhihit A" (being th, lev, to Watson) ''to use all or
-ii! as, it may require of th, power of said stream" (meaning
thereby th, ovi t of -aid -fn-ain as the Mater runs and full-
'.herein on lands other than tin, demised) 'luring the term
"f if- said iigrn rnent for the purM-, of generating electri.'ity t
Ih used on if.- said pl.mtaf i"ii for if.s lantation purposes," we
fuwer that tlij Hawaiian Sugar Company has not such right.
To the sM-ond question submitted, to wit, "whether said Fred.
1. Cro has the riglit to proceed and develop aid wafer jHwer
md.T the term of his ;iid lease," we answer that Fred. J.
Cns has such right, subject, however, to all rights acquire. 1 by
th" Hawaiian Sugar Company through the lease to W. 11. "Wat
"n. These rights of the Hawaiian Sugar Company include, in
Mir opinion, the right to div. rt and use the water of the Koula
.river for the piirjxwHS .-fated in the Watson lease, and the riglit
' so divert such water at any pdnt in said river, even abovo
uch works as plaintiff may erect for the purpo-e of creating and
!- vf loping electrical energy r power.
!itiftttn ( Silliiii'iii, Kunirij, I'otftm tt Mit'himthuit and
1,'iJh t hou iC U "thUr fir th, plaintilT.
. .1. Ifutt h, O. Shiillt and .'. IK Jm for the uV
' wafer tro, th,. KnA riv,r unl(.s
Breach of Trust
WORTHINGTON CO 'SAGENT
Alleged That He Collected Firm's
Funds and Put in Bank in
His Own Name.
Suit was b.piin yesterday in the Cir
cuit Court by K. W. Hunted, auditor of
th Henry K. Worthington Company
against I 15. Nuttins. local" ajjent of
the company, an.l the I5ank of Hawaii.
ThQ complaint alleges that Nuttins
while acting as the apent of the com
pany collectl moneys valued at $.-.-t'X'.M
Inl-ingirm' to tbe company and de
posited them to his own credit and ac
count at the Hank of Hawaii. As a re
sult of this breach of duty on the part
of Nutting, the complaint says, the
company has been deprived of money
due to it and it has been injured In
that amount. The plaintiff asks for an
Injunction restraining Nutting from
withdrawing the funds mentioned and
for Judgment against him for $.-.,793.01
Judge Stanley granted a temporary
restraining order and It will be heard
i nun me next rew days.
SUIT ARISING FROM
George E. Board man Asks
; ?7,t()0 Insurance Money
I For House.
i Another of the manv cases snisine
out of the burning of plague-infected
I nouses was begun yesterday In the Cir
Icuit Court when C.eore-e U I!,,:1r.lm-,n
I brought suit against the Fireman's
I u" ofuranee t ompany or San Fran
cisco ror $.,i)ou insurance on his resi
I .Mr. f'.oardman'.s wife was one of the
j few w hite persons to succumbed to the
. uu oonic plague, and after her death the
I Hoard of Health ordered the destrue
j tlon of the Iloardman home, at the
'corner of Lunalilo and Kapiolani Sts.
The house and surrounding buildings
were all burned, with their contents.
! Mr. I'.oardman's complaint alleges
that he carried $f.00 insurance on his
dwelling and lino each on two other
buildings in the grounds surrounding
the house. After It became known that
ptairue was present in his family, he
alleges, he was detained by the Hoard
of Health in one of the detention camps,
and that meanwhile his house was de
stroyed without his knowledge and
consent, and against his wishes. He
asks for the payment of $7,000 insur
ance due him from the company. Mr.
Ftoardman's attorneys are S. F. Chil
llngworth and Humphreys Jfe Andrews.
PetitL of Aged Woman.
I'ilwi Panafhas filed a petition in
It Seemed Certain that Her Deith
Would Follow the Birth ofth
Child Ilovr Help Came After
the Doctors Ueapalred.
The sacrifice of a woman at the
altar of motherhood is not an un
usual event, but how unnecessary
such sacrifices often nr will b mmg
seen from the following interview
with Mrs. C. R. Simmoncls of 140
t O - " "I " " wm.wwf -
I. Mrs. Simmonds, whose SrZ
husband is a well known and popu-
. x x mva, bays ; Mrg, rr mmonrf-
ily."io88onr M'Jh-Vi b0rn ? A,pr11 189-1 suffered sach an exce.
whttevSr nfP1 1&a "erly Prostrated and had no etreneth
o h Ie my'narrlago I used Dr. Williams Pink Pills for Pale Poor,'.
h,I?Ly hu8nd bonght Bomeof the pills and by the time I had tafcon
t?? l1 ba sained so much strength that I was able to leave mv
bed for the first time In two months. I continued taking hA f.T
in another month could go abou lit noS ily StltS tit
color returned to my cheeks and I gained rapidlyvrefeh 6 th
uwnui uau (ITCU up Hope.
cases, many times
Look for this
2 II VIMLLS
Sold by all
cents per box;
six boxes, $2.50.
DR. WILLIAMS MEDICINE COMPANY, Schenectady, N. Y.
THE NEW ENGLAND BAICERy"oI
CANDY CO., Honolulu, have recently
'.mported a skilled artist, formerly em
ployed with tha world famou Hnyler
ot New York, who will take charge of
our Candy Department, which la th
best evidence of our desire te make th
finest goods possible.
i We invite the adiew to Inspect our
I aisply of ConfecOonery, packed in fancy
1 boxes, ranging from 25c to J3.M eack,
I flaking a most acceptable present at
; any Ume, especially to children, ladles'
j birthday parties, tc.
i Remit u the amount to cover yeur
j order, also your addresa, and w will
; nl you a package by U. S. mail to any
; ort of the Ialands or U. S., aft Jue
the Circ uit Court asking that she be j Cecil Hrown. was filed in the Circuit
adjudged the owner of a sum of $441.7'. ! 'ourt yesterday and approved by Judge
deposited for her in the Postal Savings Stanley. The sureties are T. Harrison,
Hank of Hawaii, and of which Samuel!1- S. Cunha and Frank Hustace.
K. Kahai was trustee. The petitioner
asserts that the money was the income
from real estate owned by her, and
which was denuded of rental value by
the Chinatown fire. She is aged and in
firm, she asserts, has immediate need
of the money and cannot recover it
without an order of court.
J Oswald Luttcd, Mgr.
! Reduction Sale
Bxecutor's Final Accounts?
Cecil Brown has filed in the Circuit
Court his final account as executor of
the estate of C. F. Wall. It shows as
sets of $6,444.69, and disbursements of
$4.4tl9.2.". leaving a balance on hand of
$1,975.44. In the matter of the estate of
Knhalekai, Cecil Hrown has also filed
his final account, showing assets of
$1,150, disbursements of $y'J8.81, and a
balance to the estate of $151.19.
In an inventory of estate of C.usav
11. A. Jaeger, w hich w as filed yesterday
by James E. Jaeger, the administrator,
shows property valued at $15,600 re
maining to the heirs. The major por
tion of the estate consists in two life
insurance policies, one in the New York
T,ife for $10,000, and one in the New
York Mutual for $5,000.
Bond in Campbell Estate.
The $100,000 bond of the executors of
the estate of James Campbell, Mrs.
Abigail K. Campbell, J. O. Carter and
Referred to Referee.
The matter of the estate of E. Dow
sett otime up before Judge Stanley yes
terday for the discharge of the execu
tor, G. R. Carter. The accounts were
referred to Clerk Hiddle as referee,
and the matter will be decided today.
Thomas F. O'Neil, deputy county
clerk of San Francisco county, Cal., has
written Chief Clerk Henry Smith for
information concerning the estate of
Mrs. F. Schimmelfennig, who died in
Honolulu or. March 24, 1900.
H. L.. Marx, administrator of the es
tate of J. W. Winter, has Hied In the
Circuit Court an inventory of the Win
ter estate. It is valued at $7,745, the
greater portion being in stock in the
Hollister Drug Company.
Judge Stanley has granted the pe
tition of J. Rubinstein, assignee of S.
Decker, bankrupt, for his final discharge.
PRICES TO PLEASE ALL.
118 Nuuanu. Tel. 814.
P. 0. box 865.
0, SMITH TAKES ISSUE WITH ATTORNEY-
GENERAL ON QUESTION OF ALIEN OFFICIALS
O-if afork la rrpHt with ro?!:ii
ii!AM for birthday preaenta.
wtm fmt ti the at
m ; r 11 1 . u s 1. k it h a c : i : i . i . i ?
flin HlUfr. 147' HI". !
riii l dije, 7" enta.
dtrinHMvl 25-l.ix0 fine.
V-ot!,.p lot of STERLING SILVER
TlKMIU.M at 25c pch; elxra I to IS
1") not furirK that we manuNotur
'? irtirle In OoH or BiWer J?wiry.
Mi ls college and Seminar
PROTESTANT SCHOOL FOR GIRLS
ON THE TAC1FIC COAST.
TIIH ON'K CHARTERED COLLEGE
Foil WOMEN IN CALIFORNIA.
The ColleR Courses correspond with
thoxe of th University O- greea con
erre 1 and Diplomas granted. The Sem
nary Course provides for the all round
education of hose who do not desire
a full College C ti-e.
l T the meeting of the Governor's Council yesterday it was suggested that
Attorney General Dole send to Chief Justice Frear the opinion which he
had rendered with reference to the rights of aliens to hold office, and the
luestjon of citizenship generally, in order to get a ruii.ig from him on the
It is understood that the Chief Justice holds an opinion on the matter that
Hirers materiallvOfrom that unnnumwi Uv tha a h,..-. .... 1 n-i 1
A Preparatory Department provides) yesterday for a statement on the question. Chief Just'ice Frear said that as
will do a bigger
day's work than
any other writing
And not "one
day's work only.
Day after day, year
after year, a Rem
ington will con
tinue to render
most efficient and
WYCKOFF, SEAMAN5 & BENEDICT
327 Broadway, New York
HOT DATS and warm nights, with
their perspiration and heated blood,
bring discomfort which quickly give
way to refreshing coolness ai ..er using
PACHECO'S DANDRT KILLER.
Tula preparation not only cools, but
also cures dandruff, preventing Inc--
table baldness and that annoying Irri
tation of the scalp.
WING WO CHAN & CO.
1 Ebony Furniture,
Cigars and Tobaccos,
Chinese and Japanese Te&a,
Vases, Camphorwood Trunks,
Silks and Satins
...Of All Kind
210-212 Nuuanu Street,
CASTLE & COOKE, Ltd.
The Ewa Plantation Co.
The Walalua Agricultural C., Jbt4.
The KobaJa Sugar Co.
The Walmea Sugar Mill C.
The Koloa Agricultural Co.
Tke Fulton Iron Work, St L1il
T5e Stacdl&rd Oil Co.
The George F. Blake Steam Pxmw.
The New England .Mutual Lift l
urance Co. of Boston.
The Aetna Fire Ineuranc C. f
The Alliaoice Asaurance Co. rf L
Castle & Cooke,
LIFE and Ff RE
Ij III 1!
or younger pupils. Rare opportunltlea
for mualc. One hour from San Fran
cisco. Verms mode . 'jammer term
begins August 8th.
MHS. C. T. MILLS. President.
H. R. COUNTER,
P07 Fot Stroot,
ilcCHESP EY & SO.jspRUANCE, STANLEY & CO
Tv.t.. m . . . The rioner Whisker TTous of tae Pa
i23!esa!e Grocers and Osier i !fl cine cot.
it 13 j Sold F!lila& rRf.RnRATirri1 irntitcky1 favor.
And other fine branda.
410 Front SL. San Francisco, v 'lfomla.
mare ana appoint the Supreme Justices and the Judges of th Circuit C
and that certain enumerated officers shall be aprv.int -a l,y the Governor o
Territory. Th.se are the Attorney General, th j Territorial Tr-asunM- the t
rnissioiier of Public Iinds. Commissioner of Agriculture and Forestry Si
-.u Honolulu Boap WorkJ Oi
'. Honoiula. aiW Tannery.
,.,. . . ' ' "iii. r a 1 veil c-tiivj 1 1 1 u t a.
lie was to be railed upon for an official opinion on the question, he did not
care to be quoted on the subject.
Ir 1 response to a request for an opinion on the matter; ex-Attorney Gen
eral . o. Smith said:
"Section XO of the Territorial bill rr flVillfiQ that f pM.ei.Linf
mate an.l appoint the Supreme Justices and the Judges of the Circuit Court,
Jl , . L UW1 insTrucTion. Au.ntnr. Deputy Auditor. Surveyor. High
Sheriff, members of the Hoard of Health. Commissioners of Pub'ic Irtruc
tl..n Hoard of Prison Instructors. P.o.rd of Ii-ja-istration and Inspectors of
1 lv an ther boar,ls c,f a r-uMic character that may be created by
"All those ofTicers appointed under the provisions of thi scMon mut b
citizens of the Territory of Hawaii.- All other officers are to be appointed
and removed, an.l their tenure of office fixed by hw and nothing i, s;,id as to
Mtud her such officers must be citizens of the Territorv or not. My opinion
1 v J. r"Turements of Section 80. that certain officers shall be citizens
or the Territory, applies solely to officers enumerated in that section and
does not apply to a large class of subordinate officers."
Hailed t - Address.
tM his mm mm
OF II AKTFOKD.
FOR THE ARREST AND COXVTC
1 clon of any person found ete&llag TIIH
! PACIFIC COMMERCIAL ADVERTIS
; ER from reaidence or niae of bttataei
j it tha regular subacrlb&rs.
HAWAIIAN GAZUTTTE CO.. LTD.
FOR HAWAII TERRITORY.
! Only the highest Tade of RED RUJ
i BER ia ased In th Stamps made by
I fefce HAWAIIAN GAZETTE CO.