davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-09-21
PRACTICE-BILL OF EXCEPT


S,548. F. j. Van Vorhls vs. Thos. j. Shannon.
Marion s. G.
Black, C.-Ths case was tried at the March
term, and motion WAS made during the same
term to modify the decree, which was over
ru led, and a motion for a new trial taken
under advlsement and oyerruled at the May
term following, when time given for filing a
bill of exceptions. Under many decisions this
bill could no question to the action of
the court at the Maren term overrulIng the
motion to modify the decree, or in admitting or
excluding evidence. 1t appears also, that the
bill filed does not contain all the evidence.
Judgment affirmed.
DEeEDRNTs' EsTATEs-RIGHTs OF MoRTGAGEE.
S,945. Abner Ball vs.. Alpheus Green. Henry
G. C.
Best, C.-The mortgage of an heir may brn q
an action to foreclose his mortgage, and may OBJ
tain order against the administrators, who
has sold the land, requiring HIM TO pay upon the
mortgage, after the settlement of the estate,
such portion of the sum for which the interest
of the heir sold as is not needed for the payment
of the deeedenfs debts He is entitled TO such
an order before the estate iS finally settled and
fact that the mortgager is indebted To the estate
or to the administrator. The sale of the land by
the administrator divests the mortgage, but the
proceeds are bound the same though the es-
tate had not been altered. q Paige, 90; l Md
CHI. 81; 80 Ind, 446) AS against the mort
gagee the administrator not retain the
money for the purpose of collecting from the
heir claims due the estate. Judgment affirmed
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-09-21


WANTED.
XNANTED-COOK AT THE CAPP HOUSE,
w Nashville, Ind.
WANTED TO SELL oNE-HALF INTER
w est in good paying, hight husrness-cheap
SO W Washington street, Room 3.
M ANTED : ENERGETIC MEN TO SELL
w our nursery stock: unequalled facilities;
liberal inducements. Pike County Nurseries,
Louisiana, Mo.
WANTED-TO FURNISH GOOD DOMESTIC
w help on snort notice; reasonable rates SAT
isfaeton guaranteed or money refunded 50 W.
Washington street, Room 3.
[NANTED-TO SELL ONE-HALF INTER
w est i'll several valuable patents. 1t will pay
any one with small capital to investigate. Com
mercia Exchange, SO W. Washington street,
Room 3,
-CANVASSERS IN EVERY CITY
w and town. for the Art Folio, a new and
popular illustrated monthly. Liberal terms
Address t. II. EDW ARDS, 1913 South Desplalnes
street, Chicago.
WANTED- INVENTORS TO APPLY TO
w Smith d L0eper patent solicitors, before
employing attorneys. Best OF references given,
and satisfaction guaranteed. Room %, over ~
North Pennsylvania street..
WANTED - HELP FURNISHED, POSI-
w tions procured at reasonable rates. satlS-
faction guaranteed money refunded; CORE
spOndence from distance solicited-stamp. Call
or address Capital City Intelligence Office, 80 W.
Washington street.
VTTANTED-A YOUNG MAN WITH THREE
w years experience in the wholesale dry goods
business, wishes a position in this or some other
Western city. Can furnish best reference. Adj
dress, V. j. Thompson, care VIM. Lynch Co.,
729 Market st., Philadelphia. Pa.
WANTED - LADY AGENTS FOR THE
w queen Protector" now underSarmenJ
for ladies' made of soft, flexible rubber; sure
protection to the underwear when necessary TO
be worn. Retails for - fast as agents can
show it. Large profits. Address, with stamps,
Ladies' UTndergarlnent Manufacturing Co.,
South May street, Chicago Ill.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-09-21
CONTRACT-PART PERFORMANCE-WAIVE
1O.678. OHIO Fails Car Company VS.. Gus V,

lO,675, OHIO FaI1s Car Company vs. Gus. ',
Menzies. FloydiC. &.
Morris, C.-Appellee, in August, 1881, agreed
to furnish appellant with one million
feet of lumber at the rate of
800, 600 feet per month. No lumber was fur
nisned until November, when a consignment of
200, 900 feet sent TO appellant, who received
the same without objection that the previous
nstallmeIts had not been supplied. Held: By
accepting the lumber thus furnished appellant
waived the time of performance. q Peters, 102
Iowa. 1886; Addison Cont, sec. 947; II Ind, 203
AS i'd, 32) BY taking. possession of the lumber
the appellant also waived the production of the
invoice and bill OF lading provided for by the con-
tract, and became liable to the appellee for the
amount of lumber furnished. Judgment af-
trmed.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-09-21

w ANTED = ENERGETIC MEN TO SELL
w our nursery stock: unequalled facilities;
liberal inducements. Pike County Nurseries,
Louisiana, Mo.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-09-21

VATANTED-TO SELL ONE-HALF INTER
w est in a good paying, light huslness-cheap.
SO W. Washington street. Room 3.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-09-21

XTANTED-TO FURNISH GOOD DOMESTIC
w help snort notice; reasonable rates; sat
isfaetion guaranteed or money refunded SO W.
Washington street, Room 3.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-09-21

Wabash, St. LOUIS & Pacific.
Depart--Detroit and Chicago Mall. 1928 am
Toledo. Fort Wayne Grand
Rapids and Michigan Ex-
press ......-..--.-- ...... 2:15 pm
Detroit and Toledo Express,
daily. c. G and s.....-..11:40 PM
linton Accommodation .-.--. 7:05 Din
Arrye-Miohigan and Toledo Express,
daily except Monday 2:15 am
Toledo and Fort Wayne EX
press. ..-...........----.10:45 am
Detroit ana Chicago Mail. - $40 pm
The Hawaiian gazette., 1883-02-21

A. LONG a. things are running fairly and
smoothly the organ Of the Premier can be
just decently civil. hut let the clouds of
misfortune gather round his head. and his
organ at once gives tongue in the very
choicest Of Billingsgate Last Monday II
Informed It's readers that the Opposition
was "a bad pestilent eur, that its howlers
have been idly yaporing. clustering and
abusing the present Ministry: that the
gentlemen Of His Majesty's Opposition are
insignificant howlers. that they are -com.
mOnplace men Of small calibre": that they
amuse "A few dirty minds that itch for
/ strong personalities and finally that no
differences of theirs '-ruffie the calm OF
q single Minister. not a whisper reaches
the peaceful precincts Of the throne
HE pretty phrases Of our contemporary
We are somewhat ashamed to reproduce
Ii mnsi be remembered that these elegant
remarks must apply to such men as Mr.
| {. h. Bishop and DIR. J. Mott Smith. foI
they were the lsddas of Opposition in the
! Legislature and have naturally remained
80, a. well as 10 the newspaper writer. On
behalf of those gentlemen We resent these
| opprobIlous phrases, and out Of Its OWL
naITow circle the -Adoagis6r can find very
I few indeed who would stigmatize them. OF
any othef gentlemen. with like injurious
epiihets.
As to the last hines Of the article. We can
only say that far from the Opposition not
.Tuiihng the calm Of a single minister q
letter i extant IN which It Is stated that
His Majesty's Government have beer
seriously l','iHod Tor some time by articles
appearing IN the Hawaiian GAzErTE.' and
that that letter i signed by the Attorney
General
The Hawaiian gazette., 1883-02-21

At $50 the first rocket was fired from the Palace
grounds at poin; situated at the rear Of the Pal.
ace which had been set apart for the expected bril-
liant display OF pyrotechnics. From Punchbovl
an answering rocket announced the readiness OF
those there TO take part in the display and almost
simultaneously colOred Bengal lights were dis
played along the outline OF the mountain crest.
presenting most lovely appearance Bengal lights
were also displayed about the grounds of the Pal
acc and after several attempts Catherine wheel
showed its variegated colors 90 the wonder of the
native element. couple Of set pieces the figures
OF which were indistinguishAble weri started, but
failed to carry out their contract fixing and burn
ing In places here and there and ending in half
explosion. To relieve the depression and disap-
pointment which becoming manifest a few
rockets were sent skywards and a row Of half.
scared natives were given Roman candles to auipu-
late which they did by pointing ut one another and
enjoyed the fun when the ball propelled itself In
weakly state about foot from the holder. Several
Catherine wheels were then placed on the stand
and futile attempts were made TO make them do
their duty but dampness prevailed in the powder
and only partial success was obtained. Three
hot air balloons followed one another skyvaris
and caused some amusement for the populace and
stampede from the band-stand by the band boys
who also desired 20 have views of the ascending ti
snes. fourth balloon representing an angel
proved recacitrant and after short flight resoueht
the bosom OF mother earth and the fostering care
OF some juveniles From Punchbovl rockets were
occasionally mounting skyvards and with marked
success every new departure receiving cheers from
the multitude in the Palace grounds. The FIRE
works IN the Palace yard were an almost entire
failure IN creating ything like favorable irnur
siou most Of those which attempted 10 Be set
Oh being damp and consequently not Offering the
display expected. AZ midnight the last rocket had
been sent skyvard. the band had ended their per
formsnce and the crowd departed picking their way
tue hight from the ruined but yet burning figures,
near The entrance.
The Hawaiian gazette., 1883-02-21

IT i great pity that no official cere-
momal can be held here without giving
offence either TO the diplomatic corps. the
Captains Of men-of-war. or the consular
body. simply because precedence seems To
i'e shifting backwards and forwards at the
sweet viii Of some one unknown. We are
informed that at the recent State dinner
the Captain OF man-of-war felt himself
grossly sighted: that through his com
missioner he demanded written apology.
threatening to steam ont of port at once if
II was not delivered IN a limited number
Of hours; and il aras delivered. Again at
the same Stale dinner the precedence Of
the diplomatic corps was suddenly altered.
and another cause of friction between Ha-
wal and foreign governments was created.
Tor sixteen years past. il has been the
habit of the Kings OF Hawaii TO give bv
courtesy precedence to the members of
the diplomatic corps over the subjects of
the realm This was the case when the
Duke of Edinburgh was here. 1t was the
case through all the entertainments down
70 quite recent times. Al the dinner the
Ministry gave TO the King before his trip
round the world the diplomatic corps took
precedence over the Kings brother in-law.
Suddenly and without warning this has
been changed. We are informed that the
Foreign Minister had been asked whether
any change was contemplated and that he
had given his word that no such thing was
thought %: the word of the Foreign Min
lister, however. proved as worthless as it
has on many occasions. Our residents
mnst remember that giving precedence to
The Hawaiian gazette., 1883-02-21

A ,I6Hr change has taken place IN the
Cabinet. after the display which Nh. kaai
made q himself al the Lunch given in
honor Of the unyeiling Of the hamehame
hg Statue One Cabinet Minister ahso
luiely refused 10 continue IN Office any
longer. II Mr.. haHi were retained: IN con
sequence Mr. Raai was compelled 70 Re
sign and Mr. j. NJ kapena has taken his
place. leaving the Postmaster ship vacant
The latter position has been offered 10 Mr.
Il NJ Whitney. and We earnestly trust he
may accept Il. Mr. Whitney Is admirably
fitted 70 rule over the Post Office: til,
position in q measure belongs OF right to
tins gentleman. for he may he truly called
the father Of our Post Office His previous
experience. and ms active. vigorous habits
vii make him most invaluable Post
Master General The public Is TO be- con
graduated on tins appointment; We may
look forward 10 q more rapid delivery Of
letters. 10 the introduction Of the Money
Order system. which has hung fire FOR SC
long, and 10 the convenience Of the publiC
being looked We'll after By the elevation
Of Alr, hapeua TO the Cabinet the public
h gamer, IN that rs far a. the Post
Ofice Is concerned We have exchanged an
incompetent man for a very able one: u
Ear as the Cabinet l. concerned we hav,
merely exchanged one bad shilling foi
another
The Hawaiian gazette., 1883-02-21

TN character and the course Of the
present Ministry have done more to bring
the King and the Hawaiian Government
into discredit AT home and abroad. than
the most open and active enemies could
absence Of Coronation visitors and en-
bassieS from abroad to their fear Of q
revolution here. which the organ says that
the Opposition Press has predicted, OF in.
simulated The columns Of this Journal
viii be searched in vain for such predic
tion or insinuation. We have consistently
and faithfully represented the views of the
conservative elements Of this community
which not only discounienances. but will
not allow any disturbance Of the public
peace.
When Hawaiian Government Bonds
shall find ready market at home. and
shall not he hawled about for months in
the streets Of San Francisco without find
ing q purchaser. when men shall be placed
in charge of the Ship Of State who com
Iugnd and deserve the respect and conf
dence Of the intelligence Of the country
II vail then be seen that Our opposition has
been directed. not against Hawaiian insti
buttons but in the interests Of law and
good order. IN the interests NOT only Of the
property holders hut Of al good citizens
Meanwhile. and until the present shan
Of a Ministry Is exploded, we can well
afford 10 lei the DH5g IH0LaHH's57 of the
Ministry explode itself over IT, disappoint
mcnts
The Hawaiian gazette., 1883-02-21

Tm Government informs the public that
no invitations were issued for any Kings.
hHisers or other poteutateS. and that the
Mission 10 Japan was not for the purpose
Of inviting any one 10 come 10 the corona
ton, but was intended solely and purely
iJr fur1hering the interests Of immigra-
ton We must confess that If this was
the sole object in view, the Ministry made
choice 81 a very extraordinary agent. Had
that been their only object they ought to
have sent some one forward who really
understood the labor question on these
islands, who WAS fitted by practical expe-
rience TO speak Of the needs of our plant
ers. Now, even granting Mr. Kapena
iIHu-ceudent abilities he certainly did not
possess these necessary qualifications \
Mission Tor the purpose Of getting labor
would have been conducted on mHch less
costly principles than this late expedition
30 Japan Besides. il this expedition was
FOR the purpose Of obtaining labor we
would he much obliged if the President
Of the Board Of Immigration would in
form IL what result has been obtained
We would also like 10 see the report which
Nh kapeua has doubtless furnished 10 the
bureau: why has tins not been published.
So that planters and others may have Il
chance Of Judging what prospects are
ahead We hope ere our next issue ap.
pears % have some definite information
from the Ministerial organ.
The Hawaiian gazette., 1883-02-21

Tn reasonable explanation that for
elgn nations did not pour into Hawaii to see
the Coronation, is because il did not offer
them sufficient attractions; that even the
wealthy and idle of neighboring city did
not care to have the ills of sea sickness to
see the result of the Prelnier's pet scheme
IN which. however. the Premier did not
figure very prominently; this simple ex-
PLANTATION has not satisfied the ministerial
organ. The Premier's Bdzoo had to hunt
round for something more startling than
this, and it has evolved fairly magnif-
cent reason 1t Is the influence of the
Opposition Press which has kept people
away: their utterances have prevented
either foreign embassies or wealthy nabobs
from visiting our show. We would like to
accept the delicate compliment which the
Beiao conveys. intimating that the 0pposi-
ton Press has SO much more Influence
abroad than the ministerial sheet: but We
are far too modest 10 think that any efforts
of ours have caused people abroad to
think that the islands are in a chronic
state of revolution. In fact we would
like the .Adr9TistT to point ont a single line
in our editorial columns which ever has
even insinuated revolution. The opposi-
tlOA 40 Inc present. 1All4lstIN Ids come from
the conservative and law abiding elements
of this community; there never was any
fear of revolution from them: they have
property at stake; they are tenacious of
their rights, but they want to gain their
ends. not by force but by agitation: their
motto Is that Of Daniel 0'Connell; and
had ireland followed o 'Connell rather than
the fiery spirits who supplanted him, many
OF the Ills Of later years would have been
spared The conservative party wins its
way BY argument written or spoken, by
constantly keeping before the public the
objects which it Is aiming after, by shew
ing IN q dignifed manner It's disapproval
OF acts which 1t reprobates This Is the
party which Is the Opposition in these
Islands.
The Hawaiian gazette., 1883-02-21

No, il any ideas of revolution ever have
gone abroad, they must be founded on the
report of that conversation which Mr..
Gibson is said to have had with Messrs.
Pilipo and Nawahi: the conversation IN
which the former gentleman Is reported to
have so much desired TO play Cromwell to
King Kalakaua's Charles l. Mr.. Gibson 5
mind seems to be filed with visions of
Historical Characters which he feels him
self fitted to reproduce on the Hawaiian
stage: having given up the idea of filling
the character OF Cromwell, he now seems
to be anxious to pose as Cicero; but even
his versatile genius will find difficulty OF
playing Cicero to his own Catalinei The
fact is the Premier's organ has once more
talked egregious bosh, but then that Is a
very old COMPLAINT.
The Hawaiian gazette., 1883-02-21
Y. N.

IL sge1lar l.gl-iilly Eillliill. u ilat A. a. a. A.
uz lell AZ ~ l-yoeam The evening ii tie f5ih
zlsz- Aht board q direcluFs held me- ting me
r-uls ic t1u rrnlrai IncCting. and amongst other
1ic-us a h-s-rlsss tElslCioG- appointed Mr. John
lassllI 1lgllhor II ils Committee IN GOSPEL
La-1rs.alce Eurk. r7r + g Allridce n.sicutd
itsl cs-i.Es iaesti1g Wa iisga opened BY PRAYER
" H. Henry NgftEhousc- Reports Iru1l The
s-illciEg c1lnTuIfta1s prlslas. hospitals t.fn-
sc-zucc- &c rtcgitel and appropriate action
t-lsa- Prs T. " Damon delivered Al interest
~ l.ldlrss taking far ms Eubiacs. Whaf en- We
~ A. IN Association for ouT bosss- The spakcr
-atk1rel rnnuy theurics Ehich h1 judg.d would
rululLid 10 the tnslE1t ot the yuuusor portion of
In cllz7liy. II acted On b. TIA Association. and
1sEt ~ I-isa d rtE Efforts sinuldy ~. forth ly
Ia lar-1llls q The Boys Reading Room Associa-
f-ln- z tsilills.lInz = reading ro1fn and library
c-lLs~is rnaar lie c1liru OF irniors- A commit
1a1 al 1Arrr. c1--a-siiuC 81 Mr. Allasa Prnfl. Mr.
~ Il Dawes and Rruf. T. W. Damon, were ap-
lrlzEtsc = c11s1dr- md rcport IN =1ule definite
I11 q tl11iz1ti1- f1y TIA b5ys- rhf slIbiec. Of
II 1olruss fcr N mai 1ee.inc l. What shah
~ d. b. Nay u ururilin, a-ause1neDts for our
lqEEs and tiss- NJ. Eorhes viii BE- tht speaker
After 1t transaction 1T sumo little routine busi-
1nss -hr ueetrlsg vas al ourned 10 Marrh 18th
The Hawaiian gazette., 1883-02-21

ATOP. m. the Royal Quadriile was formed and
His Majesty conferred the honor ON his Chamber
lain Of allowing him position in set among
Cabinet Minister'S the President of the Legislative
Assembly and the Captains of war ships in port, r
very palpahle breach Of etiquette and much conf
mentcd on by many present At the close Of the
next dance, n waltz, rain commenced TO fall and a
cheap canvas covering that was extended over the
flooring between the sides OF the amphtheaier WAS
drenchcd through and the rain poured down upon
the dance floor, compelling the many elegantly
dressed ladies TO seek safety in flight TO the
da of the Palace. 4 most noticeable uncomfort-
able feeling was theneefcrth apparent among the
previously CAV assembly and many couples pro-
ceeded to take their departure for more cnngenial
quarters. The programme Of dances WAS COM
pleted in the reception room OF the Palace The
flooded amphitheaire being left to itself. Al mid
night a lunch was partaken of by few and soon
after the party dispersed.
The Hawaiian gazette., 1883-02-21

Tn Government organ has long held
It's place as unapproachable in impotence
and mendacity. Yesterday morning it
r. Bs66P T. T. fH ai and fdf"di th kaTanu
had raigasd their functions as members of
the Board of Education This was untrue.
as was well known to the proprietor of
the sheet IN question. We all remember
that less than a month ago the Board re
fused to obey the command of the Ministry
and preferred 10 deal with its officers in
its own way Like everything else affect
ing the public welfare the matter WIS laid
aside till the show" was over, and this be-
ing accomplished the Ministry is alive
again. and again for evil. On Monday
evening demands We're sent TO the members
Of the Board that they resign; on Tuesday
morning. before the receipt of the missiye
could be acknowledged the resignation was
announced and not only that, but the names
OF the members OF the new Board OF
course His Excellency Walter Murray
Gibson Is to be. when the resignation is q
reality the new President His handi-
work in a similar capacity in the Board of
Health Is only too well known. his exer-
tions as Chairman of the Board to ascer-
tain pedigree" &c. have not been made
public; but what does all this point to.
but 10 an Hvariee for power, a perfect
greed for personal rule The members OF
the Board of Education who were to have
been displaced werewolf known, honored.
and trusted by this community long before
the would be President of the new Board
set foot on these islands in the question
able character of Mormon preacher OF
prophet. Is it consonant with any code of
honor or even decency. that such men as
those who constituted the Board of Edu-
cation for so many wears, should see the
names Of their intended successors ga
zetted before their own answer to the i'm
perious call for resignation was even de
cided on2
Ii Is earnestly to be hoped that the uni
yersal feeling of dissatisfaction at this
piece Of high handed injustice. and low
minded discourtesy. which is expressed by
all, in conversation. may be made known
publicly in way that may teach lesson
IN righteous ruling, if not in good man
ners to these Ministers.
One hundred and twenty years ago the
great Statesman Pitt cried out in a voice
OF thunder before the Commons of Great
Britain. " do We sit here only to register
/ the Edicts of one too powerful subject? :
that utterance was the death blow to tbs
corrupt Minister at whom II was levelled
Is 1t too much to hope that the too power
full sugaa here may be restrained by the
universal Indignation his acts have arous
The Hawaiian gazette., 1883-02-21

- WAiIAN ISLANDS IN Probate LIN ne r1ai.--
o. The Estate o. g. r. DILLINGHAM; deceased lHils
llle order 10 show causc application % Gua-l.-
Tor ufiler % sale OF real csiatc
W reaginr and alag the petition o. n. r. DIIlz.
lam aud Mr. ;. l. DlilinghIm tbc admlnlstrator, =
w properly or g T. Dillingham;, paying Tor an drle
ueesl-e ana setting forth certain legal rrlsons ~
such real estate slauld Be- sold.
IA hereby ordered that The next q hin NJ ~ -
Nafu ana az persons Interested Ia the said estate A.
peas pciofe thls Nnuft on THU RsDAY. The I5t dnr =
ntnfuAfy' y D. ISL 40 10 o'clock a. m Al the Ger
Doom Of this Court, IN HouoiEiu, then and fAr-s +
ho" cause Why an ORDER should not be -rdnfed n -
sale OF such estate
Aud q i further ordered, that copy % this orr y
punilshed az least one week before the All dsr 4.
ishcd u -ald Honolulu
Dated Houoiulu, II L. February Sd i--g
BENZ. II AUSTIN,
Atigsi; D. X. FNFE Jusfice 81 -su-sr,e l,.-.