Newspaper Page Text
THE PACIFIC COMMERCIAL ADVERTISER. HONOLULU. JANUARY 10, .1907.
8 4 2 Fraternal Meetings GEORGE W. DE LONG POST GRAND ARMY OP THE REPUBLIC. Beginning -with January. 1907, the Post will meet on the third Monday of each month, Instead of the first Mon day. All comrades are welcome. ROBERT NELSON, Commander. THEOSOPinCAL SOCIETY OAHTJ LODGE. Rnnm 62 (second floor), Alexander Tomi, building. Mondays, f:45 p. m. cnblic meeting: visitor welcome T-Tsdays. 7:45 p. m., lodge meeting H ling room and library open every weekday from 3 to 4 p. m. HONOLULU SCOTTISH THISTLE CLUB. Meets on the first and third Friday, at 7:30 o'clock n. m.. Li rowna la Ore- gun Block, entrance on Union street. JAMES C. McGILL, Chief. JOHN MACAULAY, Secy. HONOLULU LODGE 616. B. P. O. E, Honolulu Lodge No. 16, B. P. O. EL will meet In their hall. King street. near Fort, everv Friday evening. By order of the E. R. MAURY E. MURRAY E. R- HARRY H. SIMPSON. cj. DAMXEN COUNCIL, NO. 663. Y. M. L Meets every second and fourth Wed- fills t. at 7:30 o'clock. In San Antonio HalL Vineyard street. T. F. M'TIGHE, Pre. E- V. TODD. Secy. MxtM TURN OVER A NEW LEAF! If during the year of 1906 you have paid your good money for tough, juice, less meats, do so no longer. This is the beginning of the year and good time for you to get acquainted with meats we sell. Have you ever tried our delicious HOME-SMOKED HAMS. BACON, or a fine cut of the ISLAND PORK? C. Q. Yee Hop & Co. Tel. Main 231. . FUJIMURA. MASSAGE. Rheumatism. Brulss, Sprains, Tired feeling and other Ailments QUICKLY RXLLEVED. 444 King Street, Palama. Phone White 135L CANES Polished Koa Canes, carved, with ferule, complete. Also Milo and Cocoa- nut Mats. Tapas. Brasses. Pottery. HAWAII & SOUTH SEAS CURIO CO., Alexander Young Building. Pure Soda Water. You can't get better Soda Water than that bearing the FOUNTAIN brand, for the simple reason that there isn't any better made. FOUNTAIN SODA WORKS, Sheridan Street, near King. Phone Main 270. r i i 5 I Mules tor bale CALL AT Schuman Carriage Go. LIMITED, Alexander Young Building. s 1 VICTOR TALKING MACHINES Compare the talking machines of five years ago with the VIC TOR of today and note the won derful advancement. It is im possible to conceive of any further Improvement in this almost human machine. BERG STROM MUSIC CO. Ltd. R. KUWA. Punchbowl Street, below King and Queen CONTRACTOR PAINTING and- PAPER HANGING NOTICE. ANT WOMAN OR GIRL NEEDING ,1 : ' r "'" Y'f 11 help or advice, is Invited to communi cate, either in person or by letter, with Ensign L. Anderson, matron of the Salvation Army Woman's Industrial Home, No. 160 King street. Fraternal Meetings POLYNESIA ENCAMPMENT, NO. L L O. O. P. Meets every first and third Friday of the month, at 7:30 p. m., In Odd Fellows Hall, Fort street. Visiting brothers cordially invited to attend. M. T. SIMONTON. C. P. Li. L. LA PIERRE, Scribe. EXCELSIOR LODGE NO. 1., L O. O. F. Meets every Tuesday evening, at T:30, in Odd Fellows' Hall, Fort street. Visiting brothers cordially Invited to attend. A. H. HODSON, N. G. L. L. LA PIERRE, Secretary. HARMONY LODGE NO. 3, L O. O. F. Meets every Monday evening, at 7.30, in Odd Fellows' Hall. Fort street. Vis iting brothers cordially Invited to at tend. CHAS. A. SIMPSON. N. G. E. R. HENDRY, Secretary. PACIFIC RESEKAH LODGE, NO. 1, L O. O. F. Meet every second and fourth Thursday, at 7:30 p. m.. Odd Fellows' HalL Fort street Visiting Rebekahsla juror had figured up the interest are cordially Invited to attend. GRACE O'BRIEN, N. G. JENNY JACOBSON. Bee?. OLIVE BRANCH REBEHAH LODGE NO. 2. X. O. O. F. Meets every first and third Ttmre- day, at 7:30 p. nu, in Odd Fellows' HalL Fort street. Visiting Rebekaha are cordially Invited to attend. ANITA PHILLIPS. N. G. AGNES DUNNE, Secretary. OCEANIC LODGE NO. S7L F. & A. M. Meets on the last Monday of each month, at Masonic Temple, ViBltinr brethren and members of HawallaU and Pacific are cordially In vited to attend. CHAS. A. BON. W. M. F. WALDRON. Sec t.tt ttt CHAPTER NO 2, O. E. S. Meets every third Monday, at 7:30 o. m.. in the Masonic uempie. vibiuub sisters and brethren are cordially in vited to attend. ALICE G. HERRICK. W. M. ADELAIDE M. WEBSTER, Bee. LEI ALOHA CHAPTER, NO. 3, O. E. S. Meets at the Masonic Temple every second Saturday of each month, at 7:30 p. m. Visiting sisters and brothers are cordially Invited to attend. MARGARET HOWARD. W. M. LOUISE A. TRUE, Secy. LADIES' AUXILIARY, A. O. LL, DIVISION NO. L Meets every first and third Tuesday, at 8 p. m.. in C. B. TJ. Hall. Fort street. Visiting sisters are cordially invited to attend. . MRS. M. COWES, Pres. MAUD O' SULLIVAN, Secy. ANCIENT ORDER HIBERNIANS, DIVISION NO. 1. Meets every first and third Wednes day. at 8 d. m.. in C B. U. Hall. Fort street. Visiting brothers cordially in vited to attend. H. F. DAVISON, Pre F. D. CREEDON, Sec. WILLIAM McETNLEY LODGE, NO. 8, K. of P. Meets every Saturday evening, at 7:30 o'clock. In Harmony Hall, King street. Vlsitiiyr brothers cordially invited to attend. L. H. WOLF, C. C. E. A. JACOBSON, K. of R. & S HONOLULU TEMPLE NO 1, RATH- BONE SISTERS. Meets every second and fourth Mon day, at Knight of Pythias' Hall, King street. All visitors cordially invited to attend. MARGARET FERGUSON, M. E. C. GRACE O'BRLEN,- M. of R. & S. COURT CAMOES, NO. 8110, A. O. F. Meets every second and fourth Tuesday of each month, at 7:30 p. m.. In San Antonio Hall, Vineyard street. Visiting brothers cordially invited to attend. M. A. SILVA, C. R. M. C. PACHECO, F. S. COURT LUNALLLO, NO. 6600, A. O. F. Meets every first and third Wednes day evenings of each month, at 7:30, In K. of P. Hall, King street. Visiting brothers cordially invited. SAM MANU, C. R. WM. AHIA, F. S. CAMOES CIRCLE NO. 240, C. O. F. Meets every second and fourth Thurs day of each month, at 7:30 p. m.. In San Antonle Hall, Vineyard street. Visit ing companions are cordially invited to attend. MARY A VILLA, C. C. M. C. PACHECO. F. S. THEODORE ROOSEVELT, CAMP NO. VU. S, W. V. Department Hawaii. Meets every first and third Wednesday, Wav- erley Block, cor. Bethel and Hotel, at 7:30 p. m. Visiting comrades eordl- ally invited to attend. H. T. MOORE. Coradr. HONOLULU HARBOR NO. 154, A. A. of M. s F. Meets on first and third Sunday even- tags of each month, at 7 o'clock, at K. of P. HalL All sojourning brethren are cordially Invited to attend. By order Worthy President, A. L. LANE. FRANK C. POOR, Sec HONOLULU AERIE 140, P. O. E. Meets on second and fourth Wednes-, day evenings if each month, at 7:30 o'clock, in K. of P. Hall, Kin street, visiting Eagles are in vited to attend. L. E. TWO MET, W. P. H. T. MOORE, Secy. HAWAIIAN TRIBE NO. 1, I. O. E. M. Meets every second and fourth Fri day of each month, in I. O. O. F. HalL Visiting brothers cordially Invited to attend. W. F. DRAKE. Sachem. A. K. MURPHY, C. of JL 10 JUDGMENTS IRE RENDERED Henry Against Brown The Landlord and Tenant Case Ruling. William Henry obtained a directed verdict against A. M. Brown for $1621.- 66 before Judge De Bolt yesterday. Mnornnn & Liffhtfcot appeared for plaintiff, and Geo. D. Gear and Geo. A Davis for defendant. A motion by de fendant for a nonsuit had been denied Kxpentions were noted to this denial as well as to the granting of the mo tion for a directed verdict, also to the court's receivinff of the verdict when on the note in question before a foreman was appointed to present the verdict The suit was based on a note for $1000, with interest at 10 per cent, per annum until paid, inade October 31, 1900. , ,A special venire had to be sum- a moned before a jury was obtained, which consisted of R. W. Podmore, W, M. Graham, H. G. Dillingham, M. F. Cunningham, Chas. R. Roe, Jules M. Levy, Jonathan Shaw, Theo. Wolff, David Hurst, J. L. Davis, A. V. Pe ters and John T. Gribble. LANDLORD AND TENANT. Verdict and judgment for plaintiff for $55, the amount claimed, was given in Judge De Bolt's court in the suit of David L. Peterson v. Chas. R. Frazier. ? According to the lease the tenant was to keep the premises in good condition, but he tried to put upon the landlord the extraordinary expense of complying with Board of Health orders for re pairs. It was in this connection that the court made the ruling that, under the common law, the landlord was not required to do more than keep the house watertight. TO HARVEST RICE. Judge Lindsay signed an order, on the petition of Armin Haneberg, ad ministrator of the estate of L. Ahlo, deceased, empowering the petitioner to make arrangements with responsible parties to take over certain contracts with planters for the ptanting, caring for and harvesting of crops of rice. The petition set forth that the contracts had become a burden to the estate, in asmuch as it was unable to make the advances required by the contracts. PROBATE MATTEES. Judge Lindsay appointed Guy E. K. Swan and Alford L. Swan to receive letters of ancillary administration on the estate of Antoinette F. Swan of Santa Cruz, Cal., deceased. The estate in this Territory consists of two parcels of real property at and near Maunakea street,, Honolulu, respectively of 1940 and 2245 squar9 feet, valued together at about $3500. The bond is $1000. Petitioners are sons of deceased and the duly appointed admia.strators California. Judge Lindsay appointed F. E. Steere. John Marcallino an Steven as appraisers. Judd, Mott- Smith & Hemenway are . attorneys for administrators, Judge Lindsay appointei Frank An- drade as guardian of Christian Sylves ter Bertelmann, a minor, in place of Father Sylvester Stapper?, deceased, under a bond of $1000, O. A. Steven, A. Coyne and James Steiner, appraisers, have valued the es- atc of Eva Hammer at $716 25. COURT ITEMS. Judge De Bolt excused his jurors un til Monday, Time to January 23 is granted defen dants to plead in the case of Wolter v. Vieira, Defendant in the ejectment suit of Chung Tai v. E. H. b Wolter will move before Judge De Bolt at 9:30 a. m. Saturday, to have the case set for trial. Ballou & Marx for defendant, i'n the suit for damages for breach of cove nant brought by Kaneohe -Ranch Co. Ltd., against Nannie R. Rice, have filed a demurrer raisin? manv points. r x defendants in the suit of Thomas S Kay v. The Orpheum Co., Ltd., et al., by their attorney. C. W. Ashf ord, have filed an exception to Judge Robinson's ; "- i"""nii.. William H. Crawf oril was due to plead to his indictment for gambling before Judse liobinson vester.lav. Ceo. D. Gear, his attorney, entered de- murrer, which was set for hearing this morning. This staves off the plea for the time being. In the case of J. O. Carter et al., trustees of B. P. Bishop estate, against William E. Castle and Tong Inn Co., ejectment, Holmes & Stanley and Castle & Withington, the respective eounsel, stipulate for continuance till after the first week in March. Leilani Mossman petitions for re mission of cost3 in her intended divorce suit against Harry C. Mossman. In her affidavit she says she is absolutelv with- out means and is obliged to rely, and Holllster Drug Co., agents for the Ha depend upon the charity of relatives wal!an Islands. for her support. Remember the name DOAN'S, and M'CANDLESS LANAI BRIEF (Continued from Page Six.) wants the Organic Act changed to suit his monarchical tendencies. In the re port of the Governor for 1905, which report is a public document and may be referred to by the court, we find his "Recommended changes in the Organic Act." He says first that a change should be made in "that portion of the Organic Act limiting the term of a lease of agricultural land to five years," and that "another limitation in the land law that should receive attention, with a view of altering the same, is that section which limits the quantity of land that can be sold in any one block." 1905 Governor's Report; article by J. W. Pratt, p. 4? Thank God, Mr. Pratt can not by his recommendation change the laws of the Territory, and his own private views can be of little account excepting as they may bear upon the reason of his present endeavor to violate the laws of the Territory by a transfer of over half an entire island to private par ties. If we have officers of the Government with such views as those held by Mr. Pratt, what will become of all our pub lic lands if citizens and taxpayers are not allowed to intervene? When we have laws upon our statute books re quiring the Attorney General to defend such officers, who, we ask, will be found to restrain the officer from doing an il legal act? The Attorney General would not do it, for he must defend the Gov ernment officer. The words of the court in the Kapena case may well be para phrased to read: "To deny the right to a taxpayer would be to say that there is no remedy and no way by which a Land Commis sioner (Minister of the Crown) can be prevented from doing an illegal act. Impeachment is too shadowy and un certain to be thought of as an ade quate remedy. If only the Attorney General can promote such a matter, the answer is, 'that he is on the other side. It is apparent that if there is to be a proceeding in the case at bar it must be brought by some other person than the Attorney General. The Attorney General is b6und by the statute de fining his office to appear In defense of actions brought against Government officers. He does so in this case." Castle vs. Kapena, 5 Haw. 28, 35. Are we to suppose that Congress in passing this Organic Act limited cor porations to one thousand acres and permitted the Territory to turn over to a single individual forty-seven thou sand six hundred and sixty-nine acres? In the face of the Organic, Act and the statutes how can the Commissioner of Public Lands interpret the law In such a way as to give him the power to trade off forty-seven thousand acres of our public land ? If he can trade off forty-seven thousand acres to a single individual there is nothing to prevent his trading off all of the government land (which amounts to forty-one per cent, of the whole area of the Is lands) to a single individual under the pretext of receiving equal value, which value is fixed by himself as sole judge. Such power was never intended and does not exist. Can your Honor think for a moment that Congress intended that one man should have such power as respondent claims when it was so strict in regard to the thousand-acre clause, and the five-year clause as to leases? We have no fear as to what the answer of this court will be. In conclusion we would submit that under the law complainant has the right to come into this court of equity and ask to restrain the respondent from doing the illegal and unauthoriz ed act which he threatens to do. We are satisfied that we are clearly right on both points raised in this case and that we are entitled to maintain our action and upon proof of the facts therein stated we are entitled to a per petual injunction restraining and en joining respondent as prayed for. The demurrer should be overruled. Respectfully submitted, GEO. D. GEAR, Attorney for L. L. McCandless. Dated at Honolulu, January 7, 1907. t Tests Patience The Most Patient Honolulu Citizen Must Show Annoyance at Times. Nothing spoils a good disposition. Nothing taxes a man's patience. Like any itchiness of the skin. Itching Piles almost drive you crazy. All day it makes you miserable, All night it keeps you awake. Itch! Itch! Itch! with no relief. Just the same with Eczema:. Can hardly keep from scratching It. You would do so but you know It makes it worse. . Such miseries are daily decreasing. People are learning they can be cured. Learning the merit of Doan's Oint ment. Plentv ct nroof that Doan's Oint- ment will cure Piles. Eczema or any Itchiness of the skin. rnk Lelbly of 326 S. Main eU, Wilkesbarre. Pa., U. S.. says: "It is with much treasure that I toatlfv tn the merits of Doan's Ointment in cases of itching piles. I suffered from that tormenting affliction for the past year. I tried nearly everything that was rec ommended to me and what I mo w a a. vertised, but I could get no relief. Fi- lally I procured Doan's Ointment. After a few applications I was much relieved and, continuing the treatment, I was soon completely cured. I have felt no signs of that Intolerable itching since, and It is four months ago since I used Doan's Ointment. To say that I was delighted is only half expressing my enthusiasm. I recommend this remedy whenever the opportunity is presented. Tou may publish my state ment at any time and I can always be found at 326 S. Main street, and will vouch for the same." Doan's Ointment for sale bv all aeaiers; price 50 cents. Mailed bv The Auction Sale At my salesroom, 847 Kaahumanu St., Friday, January II, 1907, AT 10 O'CLOCK A. M., the following LAW BOOKS, the prop erty of the late JAS. W. GIRVIN: Bouvier's Law Dictionary, Randolph Law on Commercial paper, Addison on Contracts, Addison on Torts, Greenleaf on Evidence, Chitty's Blackstone, Endlich on Statutes, Abbott on Shipping, Deering's Codes and Statutes of Cali fornia, Smith's Right of Law, Marshall' on Federal Constitution, Cooley's Limitations, Rights of the Citizens of the U. S., Abbott's Trial Brief, Bigelow on Estopel, New Book of Court Form, Crocker's Notes and Forms, Crocker's Notes on Forms, Black's Dillon on Removal of Causes, Law of Taxation, History of the English Constitution. HAWAIIAN BOOKS Hawaiian Civil Code, 1859, j Hawaiian Reports, Hawaiian Compiled Laws, Hawaiian Penal Laws, Hawaiian Hansard, Complete papers relating to the an nexation of the Hawaiian Islands, Laws of the Territory of Hawaii, Extra Session Laws, Very valuable addition of letters ol Junius, printed in 1786. JAS. F. MORGAN. AUCnONSaBR. LEASE OF lantation Jane Wight, Robert W. Shingle and Alfred W. Carter, trustees under the will of James Wight, deceased, here by give notice that the Halawa Sugar Plantation, located at Kohala, Island of Hawaii, belonging to the estate of decedent, and consisting of a sugar mill, certain fee simple lands, lease holds, water rights and other personal property now comprising the Halawa Plantation, so-called, subject to certain reservations, will be put up for lease at, public auction, at Honolulu, at auc tion rooms of James F. Morgan, 857 Kaahumanu street. On Saturday, Jan. 12, 1907, AT 12 O'CLOCK NOON. said lease to be from January 15, 1907, to January 15, 1930; growing crops, tools, implements and live stock form ing part of said plantation to be taken at valuations payable by February 15, A. D. 1907, and upset price per annum of said lease to be five thousand dol. lars ($5000), An inventory of the prop erty leased, valuations of crops and other personal property, list of reser vatlons and other conditions of leas can be ascertained by application to R. W. Shingle, at his office with the Henry Waterhouse Trust Co., Ltd., in Hono lulu, corner of Fort and Merchant streets, after Saturday, December 22, A. D. 1906. Lease to be made subject to confirmation by the Judge of the Circuit Court of the Th?rd Circuit, Ter ritory of Hawaii. JAS. F. MORGAN, AUCTIONEER. Auction Sale Tuesday, January 15, 1907 12 O'CLOCK NOON. At my salesroom, 857 Kaahumanu St. TWO LARGE LOTS ON WAIKIK1 ROAD. ONE LARGE LOT ON WAIKIK1 kuad. Nearly opposite Sunny South; a little Waikiki of Jas. Boyd's res!-. dence. TWO LARGE LOTS TV Ttv.T nn ABOVE. ONE LARGE QUARRT AT KALIHI ONE LARGE LOT CORNER Op MOKAUEA PALAMA. AND KIXO STRFFTft I U1W J A I LEASE of one LARGE LOT, WAI KIKI, with some buildings thereon, near residence of Mr. D. Howells; 13 years to run. Rent 18 per annum. For particulars apply JAS. F. MORGAN, AUCTIONEER. LAW. Halaiva Auction Sale AT 1U U LLUUK A. 31., At my salesroom, 847 Kaahumanu St, Friday, January II, 1907 there will be sold Bamboo Music Rack. Chairs, Parlor Tables, 1 Oak Extension Tables, Cheffoniers, Bureaus, Child's Folding Bed, Dry Goods, Straw Hats, Harmonicas, Tobacco, Groceries, Playing Cards. 29 Pieces Algongulse Shirtings. JAS. F. MORGAN. AUCTIONEER, MORTGAGEE SALE Saturday, January 12, 12 O'CLOCK NOON, At my salesroom, S57 Kaahumanu St. E. M. NAKUINA ET AL TO SARAH SHARP, ASSIGNEE. 1. About 22 79-100 acres (less kule anas) in Kaleawa, Kallhi, Honolulu, called Inaipuhi, being Apana S of Royal Patent No. 4545 on Land Com mission Awarrl 818 f n holra nf CI Tterlr. ley; 2. ' About 5 93-100 acres In said K-' , ,1- t t i , . a v. . . being Apana 1 of said Royal Patent No. 4543; 3. About 83-100 of an acre on tht southeast side of LUiha street. Hono lulu, covering four house lots with two houses, being a part of the premise! covered by Land Commission Award 6326 to Kaalawaawa; and 4. The old Beckley lot and premlset near Alakea street. In the rear of Cen tral Hrue. and covered by Royal Pflt ent 4547. ' JAS. F. MORGAN. AUCTIONEER. Castle & CooRc Itd. HONOLULU. COMMISSION MERCHANTS. SUGAR FACTORS. AGENTS FOR The Ewa Plantation Co. The Walalua Agricultural Co., Ltd. The Kohala Sugar Co. The Wnimea Mill Sugar Co. The Fulton Iron Works, St. Loula The Standard Oil Co. The George F. Blake Steam Pumpa Weston's Centrifugal. The New England Mutual Life In surance Co., of Boston. The Aetna Insurance Co., of Hart ford. Conn. The Alliance Assurance Co., of Lon don. Fruity Rhymes Some like Guava, some Roselle, But all like Chutney Just as well; Begin the New Tear right and haDDT. With Kearns Chutney, good and snappy. 50c. PER ROD UP. MONUMENTS, SAFES. J. C. Axtell & Co. 1048-50 Alakea St. Phone Blue 1801. p. O. Box Oahu Ice & Electric COMPANY. Ice delivered an any part of the clt Island orders promptly filled. Tel. JJaJ8 3151. P O Hat fifWl Cme TfowftlO. 1 - " - . - Bicycle Repairing Punctures and all parts of the M" cycle neatly and quickly repair4 Prices reasonable. Also bicycle tires for sale, at YOSHIKAWA CYCLE CO. King Street. Opposite Toung Hoti' nr