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fKI PACIFIC OOMMJBOIAL Af P: BHLVTJB. OCTOBBB 31 1900. YOU KVEKY CHILD IN iD NBORO... i Keei (ork 5crews KNOWS THE DECISIONS IN THE CHINATOWN CASES No Civil Commotion Here at the Time of the Fire. vie u m when town the h- la irrown up, he also Old Blend Whisky Or tbe fflBI HOR8B CELLAR from tkr original recipe of 174. CHOICE, EL LOW. and TEN YEARS IN WOOD, this excellent product of Scotch sU not iied further reoommen- sUt ai . ONE CASK of twelve bottle. Genuine Only $15.00. FOR SALE BY OFFSCHLAEGER COMPANY, Ltd t Mettoch Steins Kin and Bethel Streets, Honolulu. INVESTMENTS : REFERRED STOCK COMPANY, LTD. Just recived from Germany, nine .llfferent styles, with metal cover, mottos anl emblems, at 75c Each. varieties In al SO SUPREME COURT HOLDS IN ONE APPEALED SUIT FOR INSURANCE In Two Others it is Declared Thit the hy the Act of the Authcri ies. Confiair lion was Done Civil Hlrty-one other colors, up t $18 Each. Call and av this display. AIbo, novelties In glass and china for table decorating. See the NEW TRUMPET VASES In GREEN "1LAS-5. 42 Inches In height. MVKN PER CENT PER ANNUM, semi-annually; also, a email it of the common stock can be A THE COMPANY OWNS in fa stm- WE ARE OPENING SIX HUNDRED AND acres of suburban piopattf . Uso 1 now selling oa the IN HUNDRED A CUM at italn land, with a good water New Goods Every Day. , . ALSO, a oosnplete rook -crushing stent; the largest In the oouatry. W.W. Oimond k Co I PALOLO LAND AND MRHT CO.. LTD. No. 8. Model Blook. IMPROVE- New Books THAT ARE TALKED ABOUT. LIMITED. Importer of Crockery. Gl ami HousWurnlshlng Goodu. Bl1g" by Risley. Son of Battle." by Ollivant. Black Terror, a Romance of Rus- by Leys. by CorellL "Mas with the Bark On." by Reming ton. Tesnd m the Philippine. " by Captain Charles King. Water, of Edera." by Outda. 4 Blood and Blue," by Harrison Robertson. -Tssjchstone." by Edith Wharton. -TTseo the Height, of Simplicity." by Mr t mere. "fjmm Presidents, and How We Make Them." by McClure. "Is Circling Camps," by Altsheler. "issan In Transition," by Ransome. The Road to Parts" Secord floor for Stoves and Re frigera rs. Granite Iron Ware, Kit. h n I'tenslls, ate. AMERICAN FINEST Cut Glass We have reduced our Cut Glass war. other books of like character. AT THE Golden Rule Bazaar. XI FORT STREET. Pacific Transfer Company. Sf Ring t.. rear of Pulley's Cycl EXPRESS WAOONS, DRAYS. LUMBER WAOONS and DfJMP CARTS ... Always on Hand. Franks, Furniture and Safes Carefully Handled. TMesaone Main 6. WING WO CH N 4 CO. away ramltur. Cfcjara aad Tobaccos, T'atnsss aad Japanese Teas Crockery. Mattings, asss. Campborwood Tra. Ratan Chairs. Silks and Satins ....Of AV ns-tll Nuiianu Htreet i Removal. BtOF CHAN The Merchant Tailor, ssoved to door 507 Hotel street, to Asada's. next Hawaiian Curios A Lift COLLECflOM AT TIic Woman's Exchange, HOTBL STREET. The Rvyal Dyeing and Works. AU kinds sf LADIES' AMD GENTS CLOTHING CLRANMD and PRMMD at reasonable prices. Monthly ssntracts specialty. Osod sailed for and a- Osaning TBs par suit. m Bom STRUT. OHIA WOOD FOR SALE tlty. Apply ts W. C. ACHI CO.. s. s. sash 9 T"1 sasy ss spss. . Three of the Chinatown insurances Were decided yesterday by the Supreme Court. In the case of the Yee Wo Chan Com pany against the Transatlantic Fire In surance Company in which Judgment was given for the plaint. Its by Judge Sllliman some months ago for $5000, the Supreme Court affirms the decision and overrules the exceptions of the defend ants. In Yee Wo Chan against the Magde burg Fire Insurance Company in which the defendants were given. Judgment by Judge Sllliman the decision is likewise affirmed. The third case, the Hawaii Iand Company against the Lion Fire Insur ance Company, was submitted on an agreed statement of facts and it is de cided for the defendants in the ome opinion and on the same grounds as the Magdeburg case. These three cases arose out of the burning of Chinatown on January 20th last and are representative of a large number of others. Chinatown was In a very insanitary condition at the time of the breaking out of the plague and ' the district was placed in quarantine by the Board of Health. Early in Jan , uary the Hoard adopted Are as a mans ! of disinfection and thereafter from time I to time until the 20th of that month burned a number of buildings, on the 1 10th of January a resolution was passed I by the Board declaring that a portion i of the district farthest Inland ww In an Insanitary condition and infected by plague, and that the infection could not he removed bv anv means but Are. All ! the buildings within that portion of the I block were ordered destroyed. The Are accidentally spread to ihe , Kaumakaplll church and thence i through nearly the whole of Chinatown ! destroying the stores owned by the plaintiffs which were several blocks '. from the spot where the fire origin fed. There was only a moderate breeze , blowing at the time of the Are and no cause Intervened between the setting of the Are by order of the Board of Health and the burning of the property owned by the plaintiffs. WORDING OF POLICIES. I The difference in the cases and their I outcome lies in the wording of the policies. In the case of the Yee Wo Chan Company against Company which was decided for the plaintiffs the policies excepted among other things loss re sulting from civil commotion and it Is on this ground that the Insurance com pany refused to pay the policy, claim ing that there was a civil commotion in Honolulu as a result of the bubonic plague epidemic. In this case the ci urt holds: "That phrase 'civil commotion' is no ' doubt of broad meaning, but it cannot LOVE : be stretched to cover the condition pre , vailing in this city during the period " 1 i preceding the Are in question. A civil e .rf .,4 ,t Jl Jl Jt Jt Jl commotion requires the wild and iri eg- U1U.I rUTLlUU 111 ili.Lilv pt:iSCIi .V. r- ,1. . j together. It is true that in this case ! the business of the courts and of the community was more or less interrupt , ed. but that Is not sufficient to make : a civil commotion. There was nothing i of a wild, tumultuous, violent, turbu j lent or seditious nature which the I phrase is generally understood to imply and which it was intended to imply in ; this policy as shown by the words with I which it is associated. The interruption to business was orderly, deliberate and for peaceful and laudable purposes. . . The plague Itself was not a civil com motion. There was, it is true, consider able excitement after the fire depart r r.t lost control of the Are, for sev eral thousand people had to leave their homes in haste in order lo escape the flames and had to be safely conducted elsewhere and not allowed to scatter in the uninfected portions of the city, but if there was a civil commotion then it did not cause the Are; the Are caused it." It ts held that: "The circumstances set forth In the opinion did not show that the loss was caused by civil com motion so as to exempt the Insurers under the clause in the policy that they should not be liable for loss or damage caused by civil commotion." and Judg ment is given for tbe plaintiffs. BY CIVIL AUTHORITY. Quite a different state of facts exists' I in the other two cases, the Hawaii ; Land Company vs. the Lion Insurance j Company and Yee Wo Chan against the I Magdeburg Insurance Company. In the policies sued upon there was a j clause which expressly exempted the I companies from liability "for loss caus- ea directly or Indirectly by Invasion. j 20 per cent In order to make room for rsanker and the Bear." by Web- the new stock now on the way. DTaTT J TWT a Tt7Y urctlon." by Tolstoi, and many Z ' the Transatlantic OLIVE DISHES, HOTTLES; SUGAR AND CREAM, BUTTER DISHES. ICE CREAM I IS 1 IES, etc. M, R, COUNTER Remember BLOCK. asj are in the Mexican I Carved MS A fine line of same, including: BELTS, PURSES, etc Has just been opened up by the -Oa- 1 lit LTD Merchant Strtcu A A V ' 'A fc! V; V. A h A 51 fe- buildings. The court hold? rbat th" in pured cannot raise such a question. THE BOARD OR PLAGUE? Much space is devoted to the question whether the order of the Board was the cause of the loss from a legal stand point or whether the plague was the cause. A long line of decisions is quot ed on this score. 'Where loss , by Are," the opinion says, is insured against and 'loss caub- ed directly or indirectly by the order of any civil authority' is excepted, the order and not the Are should be regard ed as the cause within the meaning 'of the contract. But since loss by plague is neither Insured against nor excepted, the plague cannot be regarded as the cause of the loss of property destroyed by Are ordered by civil authority, though In consequence of the plague. We may add also that here as in the Virginia case (mentioned in the opin ion) there was not the same pressing necessity for the destruction of the property either in point of time or aj io the method of destroying it as there was in the case of Insurance Company against Boon (cited above). Nor was there the same recognized duty to de stroy it at all. In cases of that kind there was a well-recognized military necessity and duty to destroy property of that kind under such circumstances, so that in making the contract such losses could fairly be considered as in tended to come within the scope of the exception. But there is no well-known necessity or duty or practice of burn ing buildings in case of plague or other infectious diseases. On the whole we are of the opinion that within the meaning of these policies the loss must be regarded as caused by the order of the Board of Health and not by the bubonic plague. Whether the Board of Health was JustlAed in Issuing the or der is not before us." Both the opinions are written by Chief Justice Frear and are concurred In by Justices Galbraith and Perry- The attorneys for the Yee Wo Chan Company were Paul Neumann and W. A. Whiting, and for the Magdeburg in surance Company and the Transatlan tic Insurance Company were L. A. Thurston and Robertson and Wilder. J. T. DeBolt was attorney for the Ha waii Land Company and Castle and Weaver for the Lion Insurance Com pany. KOOLATJ CASES RESTORED The "Koolau cases," so called, Ave in number which were thrown out of court at the beginning of the August term by Judge Humphreys for fai ure of the attorneys to appear, were all or dered placed on the calendar by tne Supreme Court yesterday. The decision In each is the same and is: "The exception to the order of Hs mlssing the appeal Is sustained and the case is remanded to the Circuit Court, First Circuit, for further proceedings consistent with this ruling. An opln.on will be Aled later." The titles of the Ave cases are John Bell vs. Palea, John Bell vs. F. Pahla, IT. H. Parker. John Bell and William Henry vs. Palea, and F. Pahia vs. Fa lea. They arose out of trespasses by rattle on the Koolau side of the isl and and have been appealed from the District Court to the Circuit Court and then to the Supreme Court. CARSON CASE GOES TO HIGHER COURT. The William Carson case will be ap pealed to the Circuit Court of Appeals of the Ninth Circuit, citting in Sr.n Francisco. The Supreme Court last j week rendered Judgment for the owners and agents of the Carson, George U. Hind et al against the Wilder's Steam ship Company, owners of the Claudine, which ran the Carson down and rank her and now the Wilder Company pro pose to take the case to San Fran.sco on the questions of law and of fact which are Involved. The notice of ap peal was Aled yesterday by Kinney, Rallou & McClanahan. on behalf of the Wilder company. CHARGES AGAINST GUARDIAN. In February last charges were Aled against John Pae, guardian of K-aio-haokalanl (k), a minor, of Ewa. by Frank Archer, and these are to be in vestigated in the courts. An order has been issued by Judge Humphreys yes terday setting the case for Friday Fitters An Impure Stomach Makes impure blood. Constipation, belching nervousness, insomnia, palpi tation and biliousness are danger sig nals that your stomach is Incompetent that it is doing poor work. Don't ex perimentgive it Hostetter's Bitters, and be well. Try it for malaria or fever and ague. The result wil .astonish you. Get it at any drug store and see that a PRIVATE REVENUE STAMP covers the neck of the bottle. jNuith,ag STOMACH as Good BITTERS FRESH FRUIT Rsseived by the 8. S Qi RROZHN OYSTBRS WING LUNG CO. Hrset. oonssy sf Vote ths Republican Ticket Straight Prmit Shippsrs Fail. LOS ANGELES. Oct. 17. Creditors of the Brtggs-Spence Company, fruit ship pers, art hoping that some arrangements can b. made ty which the young men may resume business. The Arm, com posed of George M. Briggs of Chicago and W. Glenn Spence of this city, is In finan cial difficulty, owing $76,000 with compara tively little assets. Of this amount prob ably M.00 is owing to fruit growers. Of the other indebtedness th. principal Item Is $8,800, due the State Bank A Trust Co. It la understood that the fruit rron ed at great length by the opinion the inclined to be lenient with the young conclusion being arrived at tu, lB,'",, who enterprise has temporarily 0 Insurrection, riot, civil war sr commo tion, er military or usurped power or by order of any olvll authority." It upon this last clause in the policy the defendants relied and tt.u point settled the case in their favor. ine language of the policy is analya that the - - ' - dvu una duDuL nu,- to th rnr.l ..v - - 7" I ' VT" " -i.ie iers Dy BIS iaw- .v. er oi tne civil sr. spence of Monrovia, and uumuiiiy. tae contention that to ex- aieineni is made today the.t hl.s empt the Insurer from liability the nr. I 1 ooxne 10 hls assistance. der must be lawful and that the Board of Health could not lawfully burn the mother i i LIMITED. Have in Stock and Offer for Sale P and B ROOFING. 8ULLDING PAPER, PRESERVATIVE) PAINT, BOILER AND STACK PAIN. INSULATING COMPOUND, BRIDGE AND ROOF PAINT. REFINED SUGA11S, Cubs and Granulated PAIjNT oils. Lucol and Linseed. STEAM PIPE COVERING, Reed's Patent mantle Reetlow Covering. 1NDURINE. Water-proof Cold Water Paint is side and outside. In white and sal ore. FILTER PRESS CLOTH, Linen and Juts. OKMENT. LIMEJAND BRICKS AGENTS FOB WESTERN SUOAR REFINING CO. San Francisco, CaL f-iALDWTN LOCOMOTIVE WORXA Philadelphia, Pa. ME WELL UNIVERSAL MILL CO.. Manufacturers of National Cast Shredder, New York. PARAFFINS PAINT COMPANY, San Francisco, CaL HLANDT ft CO., San Francisco, CaL A Family Group! We make a buisness of taking pic turesmake a feature of art photo graphs We study the arrangement of groups and the posing of individuals, and our work is the sort that Insures s tisfactlon all around. Call and be convinced. Cooj THESE WARM Dat, op oca CEILING DESK FAN! Made in all finishes, w. direct and oi-.., e better Ventilator mL c amine them at Kit GiS I Phone Main 350. MAGOOsJ A Summer Proposition. Well, now thers'i th ICE QUESn You know you'll need kr it's a necessity in hot in believe you are anxloiu to i which will give you satl we'd Uke to supply you. The Oahu Ice and Electric Hoffman & Markham, Telephone 1151 Blue. Ponofflsl ' j Ladies and Gents Rough SI f HaltSt. AT j T. Murati A THE HATTER US Nuuanu St. Tel M Yote tne Straight Republican Ticket I J. WILLIAMS ART STUDIO Fert Street. Upstairs. Alarm, Cabinet, Hall and Onyx eLeKs. A fao, a very extensive assort ment of Hawaiian Souvenir Jswblry AT BURT'S mm was st. JEW ELBE. SBBBBfessr m tt a trn vat? n a KDRUFF! A A-' 1 . 4. v . " have a contagio-is disease, w unhealthy, and one that fj baldness unless cured. Pa ruff Killer will positively -J invigorating, refreshing an1 rui oaor. ii " . contains no grease, sediment ter or dangerous drugs- fl PACHECO'S DANDBfl! Sold by all Druggg . . i!knn TelenssSI union isarutT ouun - mmwm H mi t 08 KING i r . . . an T MW .j. J. W AI.L.BP i w'stati ui MAVY COWTRAg! Custom House Bl4 in Kind FORSAU AWALucN . rLlC ..crn DY ALL W Office OjeoU jjjl&L " . A M. 2 !"ir?T jjjn