f f i
THE PACIFIC COMMERCIAL ADVERTISER, HONOLULU, JULY io, 1906.
NO. i, I. O. O. F.
Meets every first and third FRIDAY
f th month at 7:30 p. m., in Odd
arrows' Hall. Fort street. Visiting
brothers cordially invited to attend.
E. A. JACOB.-OX. C. P.
L-! L. LA PIERRE, Scribe.
1XCELSIOR LODGE NO. i,
I. O. O. F.
Meets every TUESDAY evening at
1:80, In Odd Fellows Hall, Fort street.
(Visiting brothers cordially invited to
attend. R. A. ROBBINS, X. G.
L. L. LA PIERRE, Secretary.
Mr. Ashford's Peculiar
Charge Against the
PACIFIC REBEKAH LODGE,
NO. i, I. O. O. F.
Meets every second and fourth
Thursday, at 7:30 p. m., Odd Fellows
Ball. Fort street. Visiting Rebekabs
r cordially invited to attend.
FLORENCE LEE, N. G.
JENNY JACOBSON, Sec'y.
DLIVE BRANCH REBEKAH
LODGE NO. 2, I. O. O. F.
Meeta every first and third Thurs
day at 7:30 p. m., in Odd Fellows I gtate tne Br0und upon which is was
Judge De Bolt had a session with
mandamus cases yesterday morning,
and, incidentally, Mr. Ashford, attor
ney for the Kauai Liquor Company,
withdrew the application for a writ
that he had made to compel Territorial
Treasurer Campbell to issue a license
to his clients and offered a new appli
cation to accomplish the same thing.
The Attorney General, for the Treas
urer, ha.d demurred to the first appli
cation, upon the ground that the al
ternative writ of mandamus did not
Sail, Fort street. Visiting Rebekans
sr cordially invited to attend.
THORA OSS, Secretary.
based. And, rather than fight it out,
Ashford filed his new writ.
In this new one, he said that the
Treasurer had failed to comply with
the provisions of "Act 67 of the Session
Laws of 1906," but that must have been
PRIMA " FACIE
Supreme Court Decides
Case of Brown vs.
Atkinson et al.
OCEANIC LODGE NO. 37L
F. & A. M.
Meets on the last Monday ot each a clerical error, because the Treasurer
Breath, at Masonic Temple. is no kahuna and can not possibly com-
VJsltinjf brethren and members of piy witn iaws which have never been
Hawaiian and Pacific are cordially In- paased
Mr. Ashford is quoted by an after-
.-3td to attend.
G. BOCKUS, W.M.
LEAH I CHAPTER NO. a,
O. E. S.
noon paper as saying that the Waimea
people were in so great a hurry to
get booze that he was rushing the Ka
uai liquor case ahead of his other man
Meets every third Monday at 7:30 p. I damus cases, and possibly the mistake
tr. In the Masonic Temple, croner or
'Alakea and Hotel streets. Visiting
adsters and brethren are cordially In
vited (to attend.
B2LMA LOXGSTREET RICH CRABBE
P. W. M., Secretary.
MART E. BROWN,
LEI ALOHA CHAPTER,
NO. 3, O. E. S.
2feets at the Masonic Temple every
WcOBd Saturday of each month, at 7:30 J which there is no record.
was due to haste.
The mandamus proceedings of the
Kapiolani estate against Land Com
missioner Pratt was also before Judge
De Bolt yesterday, and it was decided
to submit briefs without argument. In
this ca.se the petitioner seeks to com
pel Pratt to give it a deed to a piece
of land, which King Kalakaua bid in
at auction, but of the payment for
firelock p. m. Visiting sisters and
Jrtiers are cordially Invited, to at-
MARGARET. HOWARD, W. M.
MARGARET LISHMAN, Sec'y
Another mandamus proceeding, that
of County Treasurer Trent of Oahu
against Territorial Auditor Fisher, was
continued until Wednesday. In this
Trent seeks to compel Fisher to issue
a warrant to the county for $17,639.38,
which it is claimed belongs to the
A. O. H., DIVISION NO. i.
' Meets every first and third Tuesday, J county as its half of certain moneys
t 8 p. m., in C. B. U. Hall, Fort street, collected for delinquent taxes, accrued
Visiting sisters are cordially invited to organization of the coun
-TTa n t rwnma Proa ty, but collected afterwards. The re-
MARGARET K. TIMMONS, Sec'y.
HAWAIIAN TRIBE NO. I,
I. O. R. M.
.Meets every second and" fourth FRI
DAY of each month, in I. O. O. F. Hall.
SHeitlng brothers cordially Invited to
Attend. W. C. McCOY, Sachem.
A. E. MURPHY, C. of R.
LODGE, NO. 8, K. of P.
Meets every SATURDAY evening af
SO o'clock, in Harmony Hall, King
Street. Visiting brothers cordi&lly in
cited to attend.
MERLE M. JOHNSON, C. C.
E. A. JACOBSON, . K. of R. & S.
turn of Auditor Fisher admits the col
lection, but denies the right of the
county to any share of the money.
The Tax Appeal Board met yesterday
afternoon to consider Income-tax cases.
It set the cases of the Waiakea Mill
Company, the Laupahoehoe Sugar
Company, the Hamakua Mill Company
and the Union Mill Company for Wed
nesday at 10 a. m., and the cases of J
B. Castle and the Rapid Transit Com
pany for Saturday at 9 a. m.
The defendants in the ejectment suit
of Frank Godfrey, trustee for Thomas
Metcalf, vs. Helen Rowland, against
whom the Supreme Court decided the
other day, will carry the case to the
Supreme Court, it is said.
In an opinion written by Chief Jus
tice Frear, the Supreme Court yester
day reversed the decision of the lower
court in the case of Cecil Brown vs
Atkinson, Judd & Mott - Smith. In
this case, the plaintiff was a purchaser
on execution sale of a mortgagor's
equity of redemption and defendants
were attorneys for the mortgagee on
foreclosure, under a power of sale con
tained in the mortgage, which also
provided that the mortgagee might re
tain from the proceeds of the sale a
reasonable attorney's fee.
Action was brought to recover on
alleged excess retained as attorney's
fee from the foreclosure sale, on the
theory that such excess is a part of
the surplus payable to the mortgagor
or his assigns. The question is whether
action lies. The syllabus says:
"An action for money had and re
ceived may be maintained by the mort
gagor's assignee against the mortga
gee's attorney on foreclosure, to recover
an excess of fee retained by or paid
to the latter out of, and with knowl
edge on his part that it came out of,
the proceeds of the sale. There need
be no privacy other than what is im
plied in law between the plaintiff and
"We must hold that a prima facie
case was made out against the attor
rfeys. It remains for the district mag
istrate to decide, after hearing the
evidence of the defendants, if they
have any to offer, whether the fee re
tained or received by them was
excessive and, if so, whether the de
fendants may retain the excess by
showing that they received it without
notice of the plaintiff's rights or for
any other sufficient reason.
"The judgment appealed from is re
versed and the case remanded to the
district court for further proceedings."
Cane Land Goes to the
Plantation on a
Castle & Cooke, Ltd.
G N Wilcox to McBryde Sugar Co
Ching Lum and wf to C Ah Chong.. D
Manuel Reis to J P Mendonca.. t. .. L
Mary T Kluegel by atty. et al to J
P Mendonca L
P J Monaghan to Honolulu Brewing
& M Co Ltd et al C M
Yesterday the land department dis
posed of the lease of 1000 acres of land
at Honokaa, about 735 acres of which
is agricultural land, to the Honokaa
plantation for the next five years at
the rate of $3811 a year.
This is a part of the present lands of
the plantation, and the new lease Is
so worded that the government can,
at any time that it feels so disposed,
set aside the lands, or any part of
them, for purposes of settlement, the
rentals of the lands to be reduced in
proportion to the amount of the lands
so taken away from the body of the
leasehold. This marks a new departure
in the matter of land leases, giving
the government control of the lands
at all times, and making It possible to
cancel the lease, or any part of it, at
any time that the government may
In ocher words, this seems to be a at aJ
creaking away from the old leasehold
system. Heretofore, when lands have
been leased they have passed abso
lutely into the possession and use of
the lessee, and that has ben all there
was to it. The Honokaa lands take
a different course, and it is probable
that other lands for which there is no
present prospect for the settlement will
be disposed of upon the same terms.
The Land Office yesterday sold to W.
M. Giffard lands at Olowalu, on Maui,
for $37,750, being ten dollars more than
the upset price of the lands. The
lands consist of 970 acres in remnants
of the lands of Olowalu and Ukume
hame, less than half of it being agri
cultural. The lands were not fit for
settlement purposes, and were desired
by the plantation people, who alone
could work them successfully.
The Kamaole lands, in the Kula dis-
CARS A 1
AGENTS FOR . y
The Ewa Plantation Co. .
The Waialua Agricultural Co Ltd
The Kohala Sugar Co. ''
The Waimea Mill Sugar Co. i
The Fulton Iron Works. St. Louis. "
The Standard Oil Co.
The George F. Blake Steam Pumps.
The New England Mutual Life Inmi.
ance Co., of Boston.
The Aetna Insurance Co.. of TTo
The Alliance Assurance Co., of London.
Tuesday, July 10, 1906,
10 O'CLOCK A. M.,
50c. PER ROD UP.
J. G. Axtell & Co.
1048-50 Alakea St.
Phone Blue 1801. p. o. Box 642.
"HOW SAVINGS GROW."
Our little booklet with the above
title free for the asking.
FIRST AMEEICAN SAVING AND
TRUST CO. OF HAWAII, LTD.
50 Bolts Khaki oahu Ice &
6 New Store Trucks,
3 Globe Wernicke Bookcases,
1 Large, 3-panel Bookcase, 8 ft. high,
z boras. Bureaus,
Cash Registers, Crockery,
Chairs, Screens, Plants, etc.,
1 Large Steel Safe,
1 Platform Scales, etc., etc.
JAS. F. MORGAN.
Ice delivered to any part of th c!t
Island orders promptly filled. Tel Rlir.
3151. P. O. Box 600. Office: Kewalo.
Guardian's Sale! ff-1 Co-M-
Thursday, July 12, 1906,
AT 12 O'CLOCK NOON,
trict of Maui, were sold yesterday to in front of Judiciary Building.
8 Lots Kaimuki
have opened a horse-shoeing depart
ment in connection with their carriage
shop, etc. Having secured the services
of a flrst-class shoer, they are prepared
to do all work intrusted to them in a
UUWULULU lliMFLK NO. I, B. Carter et al. vs. Jessie Kaae et al
RATHBONE SISTERS. before him yesterday, but it was con-
Meet., vrv ?nrf nnfl ith Tifrmrtatr at tinued until Friday. The attorneys
Knights of Pythias' Hall, King street, j
1A11 visitors cordially invited to attend.
IWALANI K. DAYTON, M.E.C.,
GRACE O'BRIEN, M. of R.&C.
HONOLULU LODGE 616,
1 B. P. O. E.
Honolulu Lodge No. 616, B. P. O. E.,
Will meet in their hall, on Miller and
Beretania streets, every Friday even
to. By order of the E. R.
HARRY H. SIMPSON, Secy.
HARRY E. MURRAY, E. R.
stated that an agreement was in sight
which would put an end to this long-
drawn-out litigation arising over the
estate of the late Margaret V. Carter.
NO. 8110, A. O. F.
Entered for Record July 7. 1906
From 9 a m. to 12 noon.
L Ahlo by mtgee to Harry Armi
tage Tr. D
Edward J Morgan and wf to H
Waterhouse Tr Co Ltd, Tr M
Bow & Coy to C P Iaukea Tr Sur L
Metropolis Tr & Sav Bk to Ada M
Meets every 2nd and 4th
Tuesday of each month atlJames N Warrington by Regr.. .Notice
7:30 p. m., in San Antonio David Dayton Tr to D Kapali.. ..Rel
Hall, Vineyard street. Vis
iting brothers cordially In
vited to attend.
A. K. VIERRA, C.R.,
M. C. PACHECO, F.S.
HONOLULU HARBOR NO. 54,
A. A. OF M. & P.
Meets on first and third Sunday even
lags of each month, at 7 o'clock, at
3L of P. HalL All sojourning brethren
mr cordially invited to attend.
By order Worthy Captain,
FRANK POOR, C.C.
HONOLULU AERIE 140,
F. O. E.
J1 ?S Meets on 2nd and
,SlLf 4th Wednesday even-
" x ,Tr"fr ings of each month at
T:J0 o'rVyk in K. of P. Hall. King
street. -Mng Eagles are invited to
attend. SAM'L McKEAGUE, W.P.,
H. T. MOORE. Secty.
Camp No. 1, U. S. W. V.
Meets every 1st and
3rd Wednesday, Waver
ley Block, corner Bethel
and Hotel, at 7:30 p. m.
Visiting comrades cordi
ally invited to attend.
H. T. MOORE. Comd".
,Jt. H. LONG Adjutant.
Est of K Kanoa by Tr to Tong
Mow Wal Co L
H B Nalimu to Ah Hee L
Z Paakiki and wf to Ernest N
Hookano to S Uioka L
John T Baker to W H Shipman..Rel
Lashon Simao to Manuel Gonsalves
and wf Rel
Nelle W Smith and hsb to First
Bank of Hilo Ltd..,. M
Claus Spreckels & Co by atty to
Nancy L McStocker Rel
Recorded June 30, 1906.
J W Kaio to Kipi (w), D; ap 3, R P
91 S, kul 3773, Laiewai, Koolauloa, Oa
hu. $1. etc. B 280, p 316. Dated June
Frederick B Steere and wf to William
H Goetz, D; lot 8, blk A. Puupueo
Tract, Honolulu. Oahu. $700. B 280, p
317. Dated June 29, 1906.
William H Goetz and wf to Henry
Waterhouse Tr Co Ltd, tr, M; lot 8,
blk A, Puupueo Tract, Honolulu, Oahu.
?2000. B 279, p 468. Dated June 29,
William H Goetz and wf to Henry
Waterhouse Tr Co Ltd, M; lot 8, blk
A, Puupueo Tract, Honolulu, Oahu.
S500. B 279, p 470. Dated June 29, 1906.
J Alfred Magoon to Albert E Mitchell,
Rel; lots 30. 31 and 32, blk 2, Puunui
Tract, Honolulu, Oahu. $300. B 279, p
473. Dated June 14, 1906.
Lee Ahlo by mtgee to Chan See, D;
aps 3 and 4, kul 1234, Palama, Hono
lulu, Oahu. $200. B 280, p 320. Dated
June 27, 1906.
Lam Chung Chin by mtgee to W L
Stanley, D; lot 4, ap 49. kul 7713, Kau-
luwela, Honolulu, Oahu; lot 3A of ap 2,
R P 19S5, Kamakela, Honolulu, Oahu.
$1000. B 2S0, p 321. Dated May 7, 1906.
Melekule Kapukui to J A Paakiki, D;
pc land and bldgs. $30. B 282, p 92.
Dated Mar 4. 1906.
Ulii and hsb to Samuel Kailimai, D;
por R P (gr) 3233, Wainaku, Hilo, Ha
waii. $30. B 282, p 90. Dated June 12,
the Henry Waterhouse Trust Company
for $1620, the upset price being $1250.
There were 435 acres in the tract. -
JUST BE SMALLER
Because the San Francisco fire has
caused a great rise in the price of lum
ber, the Kalihiwaena schoolhouse, if it
is built, must be considerablv diminish
ed in size, and the present plans for
the structure must be abandoned. This
is a pity, because as the plans stood
the schoolhouse would have been an
ornament to the city.
The appropriation for the construc
tion of the school made by the last
Legislature amounted to $25,000. On
the basis of this the plans were drawn
for a nine-room schoolhouse which
would have cost between $18,V)00 and
$19,000 at the time the appropriation
was made. This would have left a
handsome balance for furnishing. Yes
terday the bids for the construction of
the school were opened, and it was
found that the lowest of these, that of
Walker, was for exactly the amount of
the appropriation. This left nothing
for furnishings, and nothing to pay the
between 9th and 10th
block from car line.
Upset only $1500 for the S lots,
JAPANESE AND AMERICAN
Dry and Fancy Goods
Manufacturers of Straw Hats.
:20,ooo I Vfcf iC A rui I k tru
JAS. F. MORGAN,
H. J. N.
BEAVEE LUNCH BOOUfl
H. J. NOLTE.
HONOLULU IRON WORKS
Machinery, Black Pipe. Galvanized
Pipe,' Boiler Tubes, Iron and Steel. En
Office Nuuanu street.
7 Roomed House
Entered for Record July 9, 1906
From 9 a. m. to 4 p. m.
W Hook to T Kutsunai
Aug Ahrens to Christian C Con
Aug Ahrens and wf et al to H
Waterhouse Tr Co Ltd, tr Tr D
C Conradt and wf to H Water
house Tr Co Ltd. tr Tr D
Kittie E Ashley by atty and hsb to
Hawn Land & Imp Co Ltd D
Henry Maui to Ane (w) et al D
Oahu Railway & Land Co to Stand
ard Oil Co of Iowa D
Sung Tung Sang to Lee Yun Kwai..A L
DIVISION NO. i.
Meets every first and third Wednes
days, at 8 p. nv. in C. B. U. Hall, Fort
street. Visiting brothers cordially ln
ted to attend.
F. D. CREDON, Pres.
P. QUINN, Secy.
HOUSE LOT. corner WiMPr
B H Brown and wf to :n iJay ei arcnuecr. &o me wnoie ining was ae-1 an(j Anapuni street.
clared off. Nov- the school department
will plan for a six or seven-room build
ing, and will try to get it Cheaply
enough so as to admit of furnishings
out of the amount of the appropria
tion. It is said that within a few
years, however, there will be a de- ha Street' July 21' 1906'
mand for much more school room in
Kalihi than this will furnish.
al, M; por lot 49, blk B, Olaa Resrvtn,
Puna, Hawaii. $251. B 281, p 106. Dat
ed June 1, 1906.
S Machida et al to William Kinney,
C M; mdse, furniture ana nxtures m
Machida Drug Store, Front St, Hilo,
Hawaii; cane on .-a land, Pueopaku, fc
Hilo, Hawaii. $S00. B 2S1, p 107. Dat
ed June 26, 1906.
Tamar Hussey and hsb to S W Na
wahie, D; 11a land, Ohanaula, N Ko
hala, Hawaii. $371. B 282, p 91. Dat
ed June 23. 1906.
S N Kaaeamoku and wf to J A Paa
kiki and hsb, D; kul 11,104, Waipio,
Kamakua, Hawaii. $50. B 2S2, p S3.
Dated Apr 7, 1906.
Hiwauli and hsb to J A Paakiki and
hsb, D; kul 9939, Waipio, Hamakua,
Hawaii. ?30. B 2S2, p 93. Dated May
14, 1906. j
Lupena to Otto Medeiros, D; int in
pc land. Kekualele, Hamakua. Hawaii
$25. B 2S0, p 326. Dated June 23. 1906
Fur.ahoa to A Lidgate, D; int in 2a
land, Kemau, etc, Hamakua, Hawaii.
$125. B 2S", p 326. Dated June 25, 1906.
G Seitz and wf to Manoel de Souza,
D; lot 10 and por lot 9, map 5, Paauilo
Homesteads, Hamakua, Hawaii. $1000.
B 2S0, p 327. Dated Feb 28, 1906.
Opea Malaki and hsb to Charles Ma
laki et al. D: 3 36-100a land, Kukuikea,
5 Hilo, Hawaii. $1, etc. B 2S2, p 94.
Dated June 6. 19"6.
Frank Sakamaki and wf to K Tomi
shima, D: subdiv 1, lot 8. blk 1 of R P
7223. Keaau. Puna, Hawaii.- $200. B
282. p 9rt. Dated June 14. 1906.
Hawn Comrcl & Sug Co to Wailuku
Pusr Co. D: right of way for plantn
R R only, Wailuku, Maui. $1. 280. p
31 S. Dated May S, 1906.
Wailuku Sug Co et al to C Brewer
6 Co Ltd. D; int in lot 13S, 1 lS-lOOa
land, Wailuku, Maui. $1. B 280, p 324.
Dated Apr 6, 1906.
2 1-8 ACRES, Wyllie street, off Lili-
TRY OUR DELICIOUS
"Peach Mellow" and "Rasporf
CONSOLIDATED SODA l'JIER Ml
G. S. LEITHEAD, Manager.
PHONE MAIN 71.
THE HAWAIIAN REAT.TV
AND MATURITY CO.
REAL ESTATE, MORTGAGE,
LOANS AND INVESTMENT SECU
Office: Mclntyre Bldg.. Honolulu. T.
H. P. O. BOX 265. Phono VTafn 141
2 ACRES, LARGE DWELLINGS and
STORES, King street. Palama. Julv
V A A "
WANTED AT ONCE.
A little forethought will often save
no end of trouble. Think of the pain
and suffering that must be endured in
case of an attack of pain in the stom
ach or cramp colic when medicine must
be sent for. Every family should have
a bottle of Chamberlain's Colic, Cho
lera and Diarrhoea Remedy in the
house. It is sure to be needed sooner
or later and when that time comes, it
will be wanted at once. Buy it now.
It may save life. Sold by Benson,
Smith & Co., Ltd., Agents for Hawaii.
X Tr v m n n A mm
J.LJ. Lmi a UiH
'Phone, Main 149
Everything new. First-class cooks:
BEST MEAL TO BE HAD IN TOWN.
Open from 5 a. m. to 8 p. m. Private
Dining Room for Ladies.
LEONG HOY, Proprietor.
Saturday, July 21, 1906,
AT MY LAND SALESROOM.
A property situate on King street.
t aiama, over two acres, containing
two elegant two-story dwelling-houses,
eight cottages, two two-story buildings
occupied by six stores and upstairs as j
rooming house; balance of land vacant.
Fronts on King and two side streets.
A property that will bear the closest
Investigation and that will pay 8 per
Cent, clear without outlav and is a
good 10 per cent, to 12 per cent, invest
ment by judicious building on vacant
lots. It is a property that would sell,
well divided up.
FINE RESIDENCE SITES.
A iiitie over two acres, on Wyllie
near Liliha street; perfectly level, ele
gant view, macadam streets in front.
All particlars my office.
JAS. F. MORGAN,
F. D. WICKE,
CONTRACTOR AND BUILDER.
Store Fittings a Specialty.
Repairing, Cabinet Work and Polishing.
1082 Alakea St., rear of Y. M. C. A.
Phone M. 447; residence, Phone W, 161L
C. B. Heynolds & Co
IMPORTERS AND DEALERS IN
DOORS, SASH, SHINGLES.
Builders' Hardware at lowest rates.
Alakea street, mauka Sailors' Home.
17 Hotel Street, Near Nuuanu.
MEALS SERVED AT ALL HOURS.
Ice Cream and Cakes
Served on Ground Floor.
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