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The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, October 27, 1905, Image 1

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

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85047084/1905-10-27/ed-1/seq-1/

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U. S. WEATHER BUREAU, OCTOBER 26. Last 21 hours' rainfall, .00.
Temperature, Max. 80; Min. 70. Weather, fair.
SUGAR 96 Degree Test Centrifugals, 3.625c; Per Ton, $72.50.
88 Analysis Beets 8s 2id; Per Ton, $75.20.
VOL. XLIL, NO. 7245.
Aggregate of 325 Families Will Be
Taken Immigration Board
Must Do Its Part.
No less than 325 families have the promise of homesteads,
Y divided between five plantations, in return for furnishing labor in
field and mill. Three of the plantations are on Maui and one each
on Hawaii and Oahu.
Secretary Atkinson, president ex officio of the Board of Immi
gration, has received replies as follows to the Board's circular of
inquiry about the placing of families upon plantations:
Maui Agricultural Company offers to take fifty families.
Kihei Plantation Co. offers to take twenty-five families.
Hawaiian Commercial & Sugar Co. offers to take 100 families.
Olaa Sugar Co. offers to take fifty families.
Kahuku Plantation Co. offers to take 100 families.
In the case of one of the companies only leased land is available
lor the purpose, and it will furnish homesteads to the families for
-the balance of a thirty-year lease. All of the others will give fee
simple lands.
Each family will be allotted two arres of ground, with a house
-and free wood, water and medical attendance.
"Enough has been done," Secretary Atkinson said on giving
out the foregoing news, "by these plantations to put it up to us that
this experiment of domiciling plantation labor shall be successful.
"We have to demonstrate to the rest of the planters that this
movement will be a success. It was never expected that all of the
plantations would come into the scheme at once. Having obtained
the early co-operation of those now making these offers of homes
for laborers, it is for the Board of Immigration to make good with
its part of the experiment.
f "And I am sure that if we can make a success out of the present
opportunities it will be like Father Bachelot's planting of the first
kiawe tree here. Great good will spring from it. A start must be
made somewhere, the same as the first kiawe tree had to be
Referring to his intended departure in the steamer Mongolia
due today, Secretary Atkinson said:
"I am going away only on immigration business and to attend
to preliminaries regarding the intended new bond issue of $750,000.
It will be my endeavor to secure the President's approval of the
bond issue. I shall also try to obtain an authorization from Secre
tary Shaw making the bonds valid as security against deposits in
national banks.
"Besides going to Washington I shall attend the National Immi
gration Convention in New York. I shall surely be away until the
9th of December."
The police court was crowded yes
terday morning when the Kakaako
gambling cases were called.
County Attorney Douthitt appeared
-as prosecutor and Attorney J. W.
Cathcart defended in all the capes.
The ca.se. of Alex. Nicholas and
David Laelae, charged with maintain-
ing and conducting a gambling game
near the gcve-nment stables in Kaka
ako, was first proceeded with.
The prosecution amended the com
plaint to cover a longer period of time
than was specifically stated in the
original comrdaint.
Cathcart moved to dismiss the case
owing tc there being no sworn com
plaint, but the motion was not allowed.
Thereupon Cathcart asked for a con
tinuance until today, stating that he
was not then ready to proceed in the
matter as the amended complaint had
been unanticipated by him.
Douthitt said that all his witnesses
were on hand and asked that the case j
proceed at once, stating that it would ;
work a hardship on several of the wit
nesses if they had to appear In court
again tomorrow.
Judge Whitney ordered a continu
ance until 9:30 a. m. today.
p. The case of f niiip liiveis, (
w lh having permitted a gambling j
game to be carried on at his premises, j
was then called and in this case the
charge was amended along the lines J
mentioned in the previous case.
The case was continued until today.
John Hopper, Alex. Nicholas, Pepee,
le Ale, John Kolii, David Laelae and
-A.Rtone Paresa, charged with gambling
or oeing present in a place where gam.
bJiiig was carried on, were remanded
until this morning at 9:30 o'clock.
The judge from the bench ordered
all witnesses in these several cases to
be in court this morning without fail.
Thf following were the winning che
fa words yesterday:
Hop Lee Bank Pahi, ahi.
This announcement is made in the
alley back of the Preys t saloon on Bere
tania street.
Amana Bank Kanapi, liona.
This announcement is made In the
open space close to Tong Yuen's store
on Beretania street, near the Japa
nese theater.
Alina Bank Maialii, pepeiaoalii.
Aki Bank Poolio, ekolu (?).
The last two banks make their an
nouncement near Tong Yuen's store.
W. C. Peacock and Others Charge J. G. Roth
well and People in Bishop & Co.'s Bank
With Conspiracy and Other Things,
; I c
acting as vice
WASHINGTON, October 12. Orders
have been cabled to Rear Admiral
Train, commanding the Asiatic station,
directing him to detach a ship from his
fleet for a cruise in Australian waters
some time this fall. There are many
Americans in Australia, some of whom
have called attention to the fact that
the American flag has not appeared in
these waters for some time. Admiral
Train has not yet advised the Depart
ment of his selection for the duty, but
as the mission is entirely friendly, the
ship sent will not necessarily be a large
Affairs of W. C. Peacock & Co., Ltd., have now been brought into the
courts. After an election of officers on September 15, 1905, John G. Roth
well, treasurer and manager, caused the forcible ejection of Walter C. Peacock,
president and a director under former elections, from the office of the cor
poration. Mr. Peacock declined at that time to say anything of the trouble
for publication, as he had placed the entire matter in the hands of his attorney.
Yesterday the affairs of the corporation, from Mr. Peacock's standpoint,
were brought into publicity by the filing of an equity suit entitled "Walter C.
Peacock, T. F. Lansing, Andrew Brown and R. L. Auerbach, plaintiffs, vs.
W. C. Peacock & Company, Limited, an Hawaiian corporation; John G. Roth
well, Allen Y. T. Bottomley, Alexander Garvie, James L. Cockburn and
Charles S. Weight, defendants." Clarence W. Ashford and Robert W. Breckons
are attorneys for plaintiffs.
The bill of complaint and exhibits are printed in a pamphlet of 38 pages.
Condensed for news purposes the prayers cf the bill are as follows:
1. That defendants may be sum- , Cockburn, Rothwell, Weight and Bot-
moned in due form to answer all the
matters alleged.
2. That Garvie, Cockburn and Bot
tomley may be restrained by writ of
injunction from acting as president,
vice president and auditor respectively
of the company, and from acting in
conjunction with Rothwell and Weight,
or any other person or persons, as the
board of directors or as a director or
3. That defendant corporation, its
directors, officers and agents, and the
Individual defendants Garvie, Cock
burn, Rothwell, Weight and Bottom
ley, be enjoined from issuing to Bish
op & Company, or to arty person or
persons on behalf of that firm, any cer
tificate or certificates of the capital
stock of W. C. Peacock & Co., Ltd.,
which shall purport to declare or ex
press the ownership of Bishop & Co., or
of any person or persons in their behalf,
of ay portion or number of the shares
of the capital stock, to wit, 550 shares
thereof now in the treasury of the
corporation, unless for and in consider
ation of the cash payment for such
shares, or any portion thereof, which
may be so issued and delivered.
4. That the individual defendants
and their attorneys, servants and
agents may be restrained from in any
wise prevering, hindering, obstructing
or i.iterfti -ing with access to and occu
pancy, custody, control and inspection
of the store, premises, office, stock-in-trade,
minutes, books, papers, accounts,
effects and assets of said company by
and on the part of Walter C. Peacock,
as president, director and stockholder.
The same thing is prayed for with re
spect to Lansing, Brown and Auerbach
that they may have such access, etc.
5. That it may be decreed that Gar
vie is not and has not been the pres
ident nor a director, that Cockburn is
and has been neither vice president
nor a director, that Bottomley is and
has been neither auditor nor a director,
and that Garvie, Cockburn, Rothwell,
Weight and Bottomley are not entitled ;
to act as a board of directors or to con-
trol the business of the corporation. !
6. That it shall be decreed that
Walter C. Peacock has been at all
times since the incorporation of the
company the legally elected and quali
fied president of the company, and as
such entitled to act as a director of the
company. I
7. That Andrew Brown be decreed to
have been a director ever since July
57. 1S99.
8. That the plaintiffs and all stock
holders of the company be decreed as
entitled to have access to the store
ond business.
9. That, pending an ultimate deci
sion upon the merits of the case, an
injunction may issue against Garvie.
tomley, commanding them to desist
from acting as hereinafter set forth
a. Garvie, from acting as president
or director.
b. Cockburn, from
president or director.
c. Bottomley, from acting as auditor
or director.
d. Garvie, Cockburn and Bottomley,
from acting either by themselves or
in conjunction with Rothwell and
Weight as the board of directors.
e. The five defendants just named,
from acting together, or in concert with
others, in the name of the. company
or its board of directors.
f. - The five defendants as before,
from hindering Peacock's access to the
store, etc., and from molesting him in
his discharge of duties as president and
uii eetor.
g. The same five defendants, from
interfering with Brown as a director.
h. The individual defendants, from
hindering Lansing and Auerbach from
access to the store during business
hours, for the purpose of acquainting
themselves with the conditions of the
business. ,
i. W. C. Peacock & Co. and the five
individual defendants, from issuing any
portion of the 550 shares of capital stock
in the company's treasury, except for
cash payment as above.
10. That complainants may have
such further and other relief as the
facts and circumstances of the case
shall warrant, and to equity and good
conscience shall pertain.
Portions of the complaint may be
inferred from the prayers. Peacock
relates that the incorporation of the
company was effected about June. SO,
1896, to take over the wine and spirit
business formerly conducted by him
self and his brother, C. A. Peacock, in
partnership. Each of complainants are
stockholders, Water C. Peacock hold
ing 550 shares, T. F. Lansing 50 shares,
Andrew Brown 125 shares and R. L.
Auerbach 75 shares. The entire capital
stock is $200,000, divided into 2000 shares
of $100 each, and there are 550 shares
in the treasury, representing the par
value $55,000, unissued and unentitled to
It is claimed that Peacock, Brown,
Rothwell and Weight are the only di
rectors now who have been legally
Prior to incorporation It is declared
the firm was earning profits of $23,
000 a year. In 1896 Rothwell was elect
ed manager and has ever since held
the position. After incorporation Pea-
' cock, formerly the manager, left the
islands and was absent excepting for
brief visits until about September, 1901,
and during his absence Rothwell as
Outgoing Steamers Are Crowded and
Schools Closed Larger Cities
(Associated Press Cablegrams.)
ST. PETERSBURG, October 27. People are fleeing abroad
on all out-going steamers. All schools are closed. All naval forces
in the Pacific have been ordered home. The government is able to
move a few military-manned trains. There are no disturbances in
the larger cities. The mutiny on the Catherine is unconfirmed.
Strikes are hastening reforms. De Witte's promulgation of the new
government is expected soon.
CHICAGO, October 27. The Interstate Commerce Law con
vention has split in twain. W. E. Hughes of Colorado is chairman
for the Roosevelt supporters and N. McLeod for the railroaders.
The leader of the railroaders is David Parry.
. o :
NEW YORK, October 27. Jerome will be nominated for dis
trict attorney by the Republicans.
. o .
NEW ORLEANS, October 26 President Eoosevelt arrived here today and
was accorded an unprecedented reception by the populace.
LONDON, October 26. It is reported that Emperor Nicholas has decided
to grant a constitution to Russia, with M. De Witte controlling affairs ia the
ST. PETERSBURG, October 26. General Trepoff, the military governor of
St. Petersburg, has taken charge of the garrison in this city.
It is reported that -a mutiny occurred on the battleship Catherine II. at
Sebastopol and 400 of the crew were arrested. It is also reported that Patelei
man was burned. The Admiralty has no news of these reported occurrences.
The Cossacks attacked 7000 workmen in the Nevski Works here today,
1000 workmen being wounded during the encounter. The troops are ia pos
session of the water and light works about the city. A guard has been placed
at the treasury. Pood is scarce.
Thirty-six hundred workmen have gone on a strike at Warsaw and the.
governor has asked that martial law be declared.
Prince Napoleon has resigned the governorship of the province of Erivan.
Hon. A. L. C. Atkinson, secretary of
the Territory, tendered a dinner last
evening at the Union Grill to the repre
sentatives of the various dally papers
who attend to the newspaper details at
capitol and courts. His guests were
George Henshell and A. M. Burns of
the Star; H. W. Kinney and Mr. Sabin
of the Bulletin, and Dan Logan and A.
P. Taylor of the Advertiser.
The dinner was a complete success
and toasts were numerous. In the oki
Scottish way the guests mounted chairs
and planted their right feet on the tabl-.
in wishing the secretary God speed and
successful end to his trip to Washing
ton. Mr Atkinson thanked the press
for the camaraderie -hich had always
been observed toward him, and he was
given an ovation in return. Messrs.
Governor Carter yesterday afternoon
asked Winfred H. Babbitt if he would
be willing to undertake the duties of
Superintendent of Public Instruc tion.
Mr. Babbitt consented to t ike the of
fer under consideration.
Mr. Babbitt stated last night that he
had not yet made up his mind, but
would see the Governor again on the
matter today.
f vice president performed the duties of
president, besides which he has been
' (Continued on Page 7.)
The storv comes from one of the other islands that in a recent gambling
,-ase which came before a native judge, the latter decided in favor of the
defendant, who was alleged to have been a gambler, and found him not guilt v.
As to the police, the judge made the remarkable statement that any police
officer going to a house conducted for gambling, must knock three times on the
door and then, say:
"I am a police officer; let me in."
Captain Bray, who was in Honolulu
a few years ago, durlner which time
ho endeavored to find some means of
taking away the monopoly of sea-fishing
held by Japanese and give white
fishermen a chance, is here again.
He says that if the old ruling against
alien fishermen is upheld that there
Burns and Loganwere inimitable in ,-7 " "
I ."round who would be willing to come
their songs and recitations of o.d Scot- j here arjlJ -tart in the business of sup
land, the former dancing the sword 1 plj ing the Honolulu market,
dance over crossed forks and spoon-1, j The ruling was that ali-n fishermen,
and the latter giving fir.e imitation of j bringing fish into the city from beyond
the bagpipe.
It was a jolly evening and
from 11:30 p. m. 10 2:-10 a. m.
STOCKHOLM (Sweden). October 16
The union between Norway and of earning a livelihood
- . , . s lirmon ,1 1 ! n I
existing since 1M4, nas rjeen j -...,B ....
the thiee-mde limit, should pay duty
U. s. District Attorney Breckons was
asked about that time what could be
'lone. He replied that thf ruling could
be tested in court by some one who
believed himself deprived of the means
by alien fish-
dissolved, both houses of the Riksdag
having passed the Government bill re
pealing the act of union and recogniz
ing Norway "as a state separate from
the union with Sweden."
Both houses subsequently passed the
new flag law. The flag will be a yellow
yesterday that
a recent ruling in a Florida, case in
interesting in this connection. Greek
fishermen fished oft the coast of Flo
rida. They used American boat0, how
ever, and therefore could not be made
to pay duty. Mr. Breckons said that
the Japanese here, although aliens,
used American-built sampans and the
Kin a. trrrmnii. the s.ime as
evicted r.rior to 1814. the union mark j boats were also under five tons bur
now showing in the upper left corner
being eliminated.
den. Such craft
decurr ented.
do not have
1, .
5; i
- ; .um

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