The Pacific commercial advertiser. [volume], March 08, 1902, Image 9

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

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

                
-45
16 PAGES.
... . .
PAGES 9 TO 16.
ESTABLISHED JULY '2. 1S56.
VOL. XXXV.
HONOLULU, HAWAII TERRITORY, SATURDAY, MARCH 8, 1902.
PRICE FIVE CENTS.
COURT
LETS GO
I ROF ESS1 ON A L. CARDS.
REAL ESTATE AND INVESTMENTS
GEO. B. McCLELLAN & CO. 503-504
PICTORIAL
TORY OF THE WEEK
I
t
Stangeuwald Bldg. Tel. Main 69.
ARCHITECTS.
BEARDSL.EE & PAGE, Architects and
Builders. Office, 2d floor. Elite build
ing. Hotel street; ketches and cor
rect estimates furnished at short no
tice; Tel. 229; P. O. box 773.
ATTORN KV.V
LYLE A. DICKEY. King and Bethel
Sts.; Tel. Main 312.
X
X
OF
DAVIS HAND5
OUT f "ROAST"
FOR JUDdfc
HUMPHREYS.
jjIa T-
j
HS
0
ttfi DEPARTED ON fcfcf
v 1
1
Pays His Respects
to Bankers and
Paupers.
RECEIVER GETS
FEE OF $1000
Plantation Will Be Sold March 25
Unless Fee and Accounts
Are Satisfied.
The decree of dismissal of the Kona
Sugar Co. receivership was made by j
Judge Humphreys yesterday after- j
soon, carrying with it an order for the --
a!e of the plantation to satisf the ex
Kallltt A f A A9 --n 4a C Vtsf t f AA 9
11.000. The bill Is not dismissed and
the receiver discharged until this has
been done, though It is conceded to be
a mere formality. Judge Humphreys in
granting the order asked by M. W.
McChesney & Son and the various de
fendants in the suit, took occasion to
make a severe attack upon 8. M. Da
mon personally a J bankers and plan-
X
' t fA r5g i'Mc'eSiM THt Tf f-TM . -2 - --ftrl - . j - 'i! '
OF Tt-lfc- Uuti?ICWNfc. Prlr.jH&f THE. TRAPt WINDS VvfRE. MESE WITH TME. OPOU5 .
'A
C. R. H EM EN WAY. Office, 40 Judd
building; Telephone 314 Main.
FRED W. MILVERTON. Rooms 302
304 Stangenwald block; Tel. Main 395.
PETERSON & MATTHEWMAN. P.
O. box 363; 15 .'.vaahumanu St.
THE WARREN STOOD ON HER NOSE.
TO HAVE HER - PROPELLER,
REPAIRED.
BHOKKK8.
E. J. WALKER. Coffee Broker; buys
and sells Coffee in any quantity.
Room 4, Spreckels' block.
CIIlItOIOJI8T.
DR. W. R. BOGLE. Office,
block. Hotel and Union Sts.
Oregon
CONTRACTORS.
WM. T. PATY. Contractor and Build
er, stone and office fitting; brick,
wood, or stone building: shop. Hotel
St.. near barracks; res., 1641 Anapuni.
DENTISTS.
DR. II. BICKNELL. Mclntyre bldg.,
rooms 2 and 14; office hours, 9 to 4.
ALBERT It. CLARK. D.D.S. Bereta
nia and Miller; office hours, 9 to 4.
DR. DERBY. Mott-Smith bldg., cor.
Fort and Hotel Sts.; office hours. 2
to 4.
M. E. GROSSMAN, D.D.S. Alakea St.,
three doors above Masonic Temple,
Honolulu; office hours, 9 a.m. to 4 p.m.'
f
aforesaid; that if said order is made by ends will be made by the court, neverthe- the complainants have been ready and
the receiver the result will be the de- less believes, and in frankness and good wilting to advance supplies necessary for
... . . . n . L ....t.l ..Inn... Inn ? .VlA ..t.W I - I . 1 V. .... 1 . ntlAnA . .... ft 1. t .1 . V. . ...... ft 9 ft V. . . 1 . . . tmnn 1' li . . . 1 n
taiion men in general, in ms laborers, and as your atnant believes, beyond the reach of any judicial action tatlon, and is informed and believes that
be showed plainly what had all along, the impossibility, in the present condi- to save the property of the Kona Sugar if the motion of complainants herein is
hen charred that his reason for re- t,on or the labor market, or securing un- company, Limited, to itseif, the com- granted in the wisdom or tne court, me
. i der any circumstances labor to harvest j.lalnants. or any of Its creditors; your creditors and other
. . . . f -W Tnn, A .AAAltf. '
lusing to appoini. axr. famun o j tvt.,-, or preserve said crop; your amant rur- atllant further salth that the represen
.m -o -r,nt a local rno hut because ther saith that it Is his Information and tationa and statements made in this aftt
. v -r t k i v. on pv I belief that if this action continue in davit are, in his belief, well founded, and ant further saith that he verily believes
h thought Mr. Damon naa Deen lr-:court it wm t,e impossible to harvest, are made In good faith and with honesty that if this action remains in court and
Ing to dictate whom the court should preserve or save for the benellt of plain- of purpose, nut that your affiant is un- be set down for hearing, irreparable loss
. . I tiffs or the defendant or the creditors able to Ktate from or through whom or will entail upon all parties concerned,
appoint. ot saIj KDna sugar Company, Limited, by what means the relief herein referred and your af.iant and the complainants
la the morning at 10 o'clock, Mr. ; defendant, any of the crop of sugar now to shall be secured, because your affiant are willing and desirous of discontinu-
TTankev for the Dlaintiffs in the case, growing, and that the present condition cannot have positive assurances thereof ing said action for the sole and only pur-
, - . , , ui lilt; iuoiify jiftij fit'i is buvii iiixl i, io iuii ns uiric is uuuui v iitriiic-r iji wn-
p resented his application for a aismis-;on the nearing of the Js3Ues in thi3 ac- sequence of the threatened action of the
V sal of the case, "which was granted tion, or before or afterwards, the prop- receiver, labor cannot be had, controlled
parties interested
will carry out methods of relief hereto
fore set forth in this affidavit; your affl-
pose of preserving to themselves, to said
defendant, the Kona Sugar Company,
Limited, and to its creditors, the assets
1 rv -d.Yr.oT.t Tiion th court or assets of said Kona Sugar Com- or procured to harvest the crop upon the of the said defendant, the Kona Sugar
Jwunout argument. ancn .uu. , pany Limited, defendant, are sold at plantation of the Kona Sugar Company. Company, Limited, to the fullest extent,
I turned fiercely upon the attorneys in a forced or public or private- sale, the Limited, save that your affiant says that
the case and delivered nimseii oi a piainiiu, ueit-nadm, uuuu.iu.ucu
... v. , ! creditors, will be unable to realize any
scathing attack upon the business com- , appreciable proportion of their Just
mnnlfv cpnrallv. Mr. Hankey at- claims, and that those creditors who
. ii. mam onrtlv alleno- have preference by reason of being hold-
tempted to reply. He was curtly silenc , JnAa will be advantaged thereby I
ed by the court, with the remans mai iyond plaintiffs and all other creditors
the case was closed, and he didn't wish of the said Kona Sugar Company, Llra-
llted; affiant further alleges fom his own
to hear anything further. j knowledge and wish that the complain-
In the afternoon the accounts an 1 ants are willing and hereby express their
final renort of Receiver Wundenbertf wiliingness to waive and release so far
f as lius seciion is vuihttuvu, nil) u.iij
were presented by his attorney, Mr. very equitable or other right or claim
Dillon and approved by the court. The of . right to a lien or preference upon the
' co .. f growing crops or other property of the
loiai amouiiL sajj defendant, the Kona Sugar Com-
the court allowed for the expenditure pany. Limited, for or on account of any
.1.1. , ikp two week's advancements or Indebtedness whatever,
of this amount, and the two weeKSlJave anJ vxceJ,t uch aS may be rePre-
ewardship was one thousand dollars, j 8inted by bonds held by the sa'.d com
The order made by the court decrees plainants, and concerning this action as
.... . a.1ver-'to all claims of whatever nature, char-
that Kona plantation shall be aaer i acte or k,nd. anJ atll.int further .-ays
Used to be sold ten days after March tnat tls action was commenced by com-
15th to car the expenses Incurred by plainants in good faith and amicably for
loin. lO pay we l . . the the purpose of protecting and secur.ng
the receiver and the fee lo Jy the Interests and rights of the complain-
court. unless everything has Deen paiu yf U e aJ dt.fen(lant anU of alI
In the meantime. ! of the creditors of said defendant; th:it
PETITION FOR DISMISSAL. at the time the said action wa.s comm nc-
oni-v nt th od. and a prayer and motion presented
Immediately upon the enXng ot the a ap.,,lnlrnent St a receiver n was
court. F. W. Hankey presented the mo uiiJergtood anJ bt.i;.v.(i and relied upon
tion for dismissal of the receiversnip. by -ympjainantj, that the requisite
reading the following affidavit In sup- meanj, lo carry on the plantation, pre- j
port Of it: i serve the growing crop and finally upon
r .t. r ii,-,!! Inlanl or uanu. the dilirmmauon ti ie issues m i
KI7jlclS areult-Ss: 'case, to have all of the assets of the
tlt Judicial ciriu -ai,i defendant available for such proper
J. 1. wevnn'Tj. " , ,...,. . ..u.r'hMtlnn na tnlirht be
uu. ruuua.'ic . .......
vl - . . , . . ...... ,h..ron... un.. iiflpr Ihn
th above entitled action, ant manes l-ro. "'VI"". u " ,
and' that this motion and affidavit are
xTt Ts one of thrcomplalnants in decreed by the honorable court, would be
; action, ana m--.e r-z - - . - i
.ffl,l-.vlt on behalf of himself and an ot .ppoinimeni vi "I .
. i ftT m. . . .tr trA r T i't lil !
the other complainants; that n is a man, . - ' htrefore I
imA n.l Wlleves thai me .nr"v. . : r. i
appoi
unable
Jvoiia augar i.iu.-..,, v,i.h tho crowlnir cron of sugar
immfuw .jr - - . , - .
fidM,n Sd action is and ie is and alleges to be the fact, after
t to con erve the property of the every effort was made by the receiver
' uf CominV. LimiVed. defend- to procure funds or make arrangement
- " .. . .n.,tft.i direct l.v whim me ErowinK vruu ui ""t"1' t
nt r p"oy might be harvested and saved, and the
and order the d,9cnre J" necess.iry Int.grlty of the aid Kona Sugar Com-;
!' fr.',"TUhserven perr- TnV. Limited, ultimately , maintained, j
, - . t sal1 C(Jm- the itcelver was, is, ana win oe. u;.au
sonal and movable Proc" t ar Cn to accomplish any of these things; an.
J-pany; that the grow ng crop of sugar on o au , thut
ASZVr k -'-es that if .his action be con
ymn I Sore
I II I and
made to those ends and not otherwise.
DR. GEO. H. HUDDY. Mclntyre bldg..
rooms 1 and 2; 9 a. m. to 4 p. m.
DR. A. C. WALL, DR. O. E. "vALI.
Office hours, 8 a. m. to 4 p. m.; Lovs
bldg., Fort St.; Tel. 434.
J .M. WHITNEY, M.D., D.D.S. Boston
bldg.. Fort St.. above May & Co's;
hours, 9 to 5; Tel. Main 277.
KLiKCTKlCAIi KJS'GINKKKS.
EMIL T. DREIER. Contracting and
Consulting Electrical Engineer; plans
and estimates; Magoon building.
JAS. S. McKEE. Electrical, Mechanic
al and Consulting Engineer; office,
rooms 11 and 12, Progress block.
GUY OWENS. Room 6. Mclntyre
building. Fort St. Phone Main 368.
Plantation work a specialty.
ENGINEERS.
ARTHUR C. ALEXANDER. Survey
or and Engineer, 409 Judd bldg.; P.
O. box 732.
CATTON, NEILL & CO., LTD. Engi
neers, Electricians and Boilermakers,
Honolulu.
1 I
22S33S7ft5C!ft
t 11
" ' ,n .h honorable court tlnue.l In court unmr sucu u. ......,.3
celver has made to Jhe nonora" e limitations upon the XKwcrs
his report, cannot "out the an. abilities of said receiver, the loss of
served In whole or In rwrt iwra t defendant, the
labor of the employe ; ivCa y ona Vugar Company. Limited, will be
pany now or at last advices ,., . lh 1ust anii eauitable dl.s-
. B V. I
affiant upon said proper, .- .r ,he court of equ.ty to the
to and under the 1tC"on TTf u i Nation and distribution of the as-
elver; urKn information and belief our I"rat.on a defendant.
h.iii:ltie iu: iurr j "
ceiver in the exercise of " "rt ana not a.u'cipated or surmised
him to be the only .y the complainants at the time this ac
snd for the rea-son t. U was brought; your affiant further
euro th nocessary. funUS lor ."J""' . . ... i i...n..r .hm if
nii. i-.-fti on lniornifttiioii "" ...... ,
under the
on the said plantation or -""- - - ,. . ,,,. discontinued
crop of sugar Intends to T .;n,s the motion prefixed hereto the
rect the discharge Immedlat e!y a'J a;t te aUe through the
help and employes ccept the care-taKers um as vtance ef creditors of the
i : K-.i.i Komi Susar Company, Limited, anJ
I other persons well d . -posed toward the
! : preservation and rehabi.ltation of the en-
i.n.riftio rvn:tsentd by said Kona Sugar
UimlttU. to pay.
LVsr I ' I irr.it. ,1. tO 11IIV. ! 11.11 SUCH
y?S ctalocuc cr . time as may be ordered by the court, the
VM .-.t nr-I' "j expenses and fee of said receiver, to
-TiU'J L0 . CH L5r.El C - transmit to the Plantation of the Mid
P J L,,L,5-J '...p. K.Mia Sucar Company. Limited, supplies.
'Vi INfAfi I S ' ' m-'iuy and a.-.-uranc.s, that will keep the
L-. -U 11. . nijiw f ,,llr.rft ,.i.on the vroneny. bring al.ut
7jL ViV1! jrV :' . ih- harvesting and saving of the present
,.r:i f f Miirar. and ultimately result m
SEND TOR FREE
-Zi' ft. c c c or nun'" -r j
.II claims
f.f. '
W , ft.
eie- 2 r.-.i-P.'.i.r sr. "
.., i ..I . - . -
To3
t:e s.'.tisfftitt ry ;i ;u -I.Uion of
n--..'-st t!,.- siil Kona Sugar Company.
Limit, d. ar.J the (ot.t'ncatn of the n-t.-r;
rise " th- r.! y np'e.- nrtd; and your
:!a.i!it. l-'li'-vin-r fully anl a'.so'.ut ly ia
t!:- ::sp. t:o:i i f the r. r. A. r to do ail
that can 'one, :in.l Oiat every order
r.vccsrfary, i-ropvr and useful tj tu.-'a
San Francisco, Cal.
I am now having
a friend of mine in
Los Angeles use your
Wonderful Pain Re
mover for the con
sumption. He has
had the consumption
bad for quite a while
and you would be per
fectly surprised to see
the improvement in
his condition since he
commenced to use this
medicine. I h.ive no
doubt whatever that
it will cure him per
manently and en
tirely, and he himself
has already admitted
this great improve
ment in his condition.
Yours truly,
LOUIS PURCELL,
Chronicle Bld, S. F.
For sale by all drug
gists 50c and $1 a
bottle. Halpruner
Medical Manufactur
ing Company, 28 Cali
fornia Street, S.m
Francisco, California, i
chest pains
Pains in the throat and chest
are liable to be serious pains.
When inflammation gets into the
throat or chest you want to get
it out as quickly as you can. for
they are the tender organs of the
body and it does not take diseaftSe
long to get a footlvld that will
cause you endless misery and
perhaps death.
Bronchitis, pleurisy, asthma,
trachitis are all represented by
pains in the throat and chest, and
what is good for one is good for
the others, and Dr. Halpruner's
Pain Remover is the right medi
cine to give you the relief and
cure you ought t j h.ive.
The way to use it is to rub the
Pain Remover in from the outside
and then take from J to 1 tea
spoonful in a wine glass of water
internally. This starts up a
vigorous circulation of the bl od,
which puts the inflammation out
like water puts out fire. It is a
wonderiul medicine ; it softens,
loosens, heals, allays and removes
inflammation and' brings quick
relief when others fail. You
ought to have a bottle of this
wonderful medicine in the house,
there is no telling how quickly you
will need itduring this changeable
weather. All druggists, 50c and
$1 but demand the genuine
hlpruners
Hi.nruret AWh-?l A.int:f".cti:rinj:
Co., 2S Cft-I.forr.ia St., S.F., Cal. 27
Subscribed and sworn to before me
this 6th day of March, A. D. 1902.
THE COURT'S REMARKS.
Mr. Hankey stated that after the
case had been set down for hearing,
the dismissal would have been barred,
which was the reason for the motion
for this time.
Without waiting for any further sug
gestions. Judge Humphreys began:
I think it may be conceded as elemen
tary that the complainants in a bill in
equity have control of their complaint
even after the answer has been filed, and
that the dismissal of such bill lies almost
wholly in their pleasure and discretion.
When, however, a petition Is liled re
questing the appointment of a receiver
for a corporation, and the defendants an
swer and join in the request that the
receiver be appointed, after such appoint
ment is made, the dismissal of the bill
would not, I apprehend, relieve the re
ceiver of any responsibility, or duty or
power which he may possess under his
appointment. Parties may dismiss their
bills but the attempt to dismiss the re
ceiver is an attempt to dismiss the court,
and cannot be done except with the con
sent of the court. Very many matters,
as far as I have been able to carry them
in my head from the reading of the affi
davit attached to the motion herein are
true, and :t will be the pleasure of the
court to s'gn an order approving the dis
missal of the bill, and discharging the re-
ceiver upon the payment of his proper
vuna a.iu v.i.i.... -v mi ..fto " -. vft ftjft-ft,. - -
sonable compensation as the court may
award him in this behalf.
The Court desires to state, with refer
ence to the statements which have been
made in regard to the receiver, that some
three or four days prior to the filing of
the bill, it was stated in one of the local
newspapers that Mr. S. M. Damon would
either be appointed receiver or would dic
tate the appointment of a receiver, this
court desires it to be distinctly under
stood that neither Mr. S. M. Damon nor
any other individual in this community
canl.ctate to this court an appointment
which is in the discretionary power of
thi.s court to make. All the paupers in
th:s community, and all the bankers in
this community, either singly or com
bined, cannot dictate to this court. I
am responsible to my consc ence and the
power which appoints me for the faith
ful and proper discharge of my duties,
and I will account to my conscience and
the powers appointing me alone, and not DR T jnTAMURA.-Office, 146S Nuu
to the paupers or bankers of this com- , g. T , Wbjte 152; office hours.
RISDON IRON WORKS. Engineers
and builders of Pumping and Sugar
Machinery and complete power
plants; office, room 12, Spreckels
block; Tel. 194.
E. TAPPAN TANATT. Civil and Elec
trical Engineer; office, 1313 Wilder
Ave.; Tel. Blue 3441.
JAMES T. TAYLOR, M. Am. Soc. C. E.
Consulting Hydraulic Engineer; 30
Judd bldg., Honolulu; P. O. box 799.
ENGRAVERS.
W. BEAKBANE. Card Engraving and
Stamping; room 3, Elite building.
INSURANCE
THE MUTUAL LIFE INSURANCE
CO. OF NEW YORK.
S. B. ROSE, Agent, Honolulu.
MUSICIANS
COOK'S MUSIC SCHOOL. Love bldg..
Fort St. Its methods are the result
of 30 years' experience in teaching.
PHYSlClAfv-
! DR. JENNIE L. HILDEBRANDE.
Office, 24S Beretania ave.; telephone
Blue 821.
DR. W. HOFFMANN. Beretania St.,
opposite Hawaiian Hotel. Hours, 9 to
11 a. m.: 1 to 3, and 7 to 8 p. m.
Phone White 481.
8 to 10 a. m., and 6 to 8 p. m.. except
Sundays.
munlty or to the gentlemen of the bar.
Now, when gentlemen of the baV, or
paupers or bankers, think they can die-
they will find they are reckoning without W. G. ROGERS. M.D. Eye. Ear, Nose
their host. The court is neither the back . and Throat; 1146 Alakea St.
room of a bank nor an appurtenance of ' -
a sugar plantation. DR. J. UCHJDA Physician and Sur-
In view of all the comment which has geon; office, Beretania. between Port
beea made on this matter the court , &Id Nuuanu streets; office hours, 8 to
deems it due to itself that it should i i2.. m., 7 to 8 p. m.; Tel. 1211 White.
make these observations.
I!
A. S. HUMPHREYS,
i First Judge.
' Dated March 7, 1S02.
FINAL ACCOUNTING.
In the afternoon, which was the time
set for the hearing of the account of
the receiver, and the fixing of the fee. I VOCAL INSTRDC ' lN
Mr. Dillon appeared in behalf of Mr. ANNIS MONTAGUE TURNER. "Mlff-
Wundenberg and presented the follow
ing accounts:
Amount of bill, Lewers & Cooke. .$ 33 00
Amount bill, M. W. McChesney &
Sons US 60
Amount bill, Hawaiian Navigation
Co 1 fcO
Amount bill, Hawaiian Hardware
Co 35 00
Amount bill. Hawaiian Hardware r
Co " ir-4 10
Amount bill, Catton. Ne 1 & Co. .. SZl 13
C edit given by H. Hackfeid & Co.
at Kailra. Feb. C5th 1300 00
Credit pvn by H. Hackfeid & Co.
at Kailua. March 4th IcW) 0)
rassagj of self to and from Kona.
I'oar.i and 1 edging at Kona 12 0)
Tot il $3,071 6
ORDER IS MADE.
E. C. WATERHOUSE. Office, corner
Miller and Beretania Sts.; residence,
1503 Thurston Ave.; hours, 10-12 a. m..
2-3. 7:30-8 p. m.; telephone Office,
White 3432; residence, Bkie 2841.
non," 1024 Beretania St.
Oahu Tailoring" To.
IVrl -.-.. : Tallorn.
Suits made to Order, cleaning-. Ite
pairinsr and pressing; CfmT Bere
tania & Eauw sts., Ilorolnln, T. II.
W. W. Ahnna & Co.,
LIMITED.
20 W. W. AHANA. Pres t ana
1038 Nuuanu Avenue.
i,-.r.r,gK:
Mr. McC'.anahan an.l Mr. Leis were
t::e only at:ornrys present at the fcear-i-g
aivi t'.ey m.ide no objection to th-?
ni.'T.vance of the Ue.ns specified. Judge
Humphreys went over each item sep-
Cor.tinutd on Page 16.
Will give you ni fe ii'mie coiDea
and f r
tban y u ca et then, fur tlee
, where.