davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1884-01-16

ing oversight Of leaving it to read that whereas
Kalakini has paid Communication Of $40,
feee simple title is accordingly granted to Ka-
laeokekOi.
The alterations arc SO imperfectly and in
consistently made that the register could be
restored to its original verify even without the
aid Of the extant original patent
The Court is asked to cancel an authentic
I.oyal Patent in favor of a record bearing slOn
tadges of fraudulent alteration. This carnot
lie done.
But the petitioner contends that the original
ROYAL Patent to Kalaeokekoi for Kalakini
should be cancelled, as being at variance from
the award, which was made to Kalaeoknkoi
for his heirs.
The petitioner AYERS possession in his ances-
tor Of the granted lands for a prescriptive
term. This is denied by the respondent, and
On examination Of the proofs we find that the
possession OF the major part Of the land was
in the heirs Of Kalakini since 1862, and All TO
the remaining pari, there was undisputed pos
session for fifteen years. The petitioner has
shown thai he became OF legal age about a
wear after the Royal Patent was issued 1ad
was under no disability except that of poverty
which cannot be seriously commended to be a
legal excuse for his laches. The possession
Of the respondent should have put him on en-
auiry. Courts of equity act in obedience to
the stature Of limitations, and as the larger
part Of the estate is shown to have been in the
possession Of respondents for twenty years,
the statute is a complete defense and compels
equity to deny relief on the ground of laches.
See Kalakaua ct. n VS.. Keaweamahi ct. al,
1 Haw. Rcpts. Az.
So far as the ROYAL Patent covers the land
shown to have been in respondents possession
for a less period than the statutory limit, that
is for fifteen years, we think that the petitioner
is not entitled to relief. This is not an
action Of eicctment wherein the plaintiff can
recover so much Of She real estate as he has
shown title to, but it is bill to cancel the
whole patent aud the petitioner must either
have the relief prayed for or it must be denied
him.
We think this sufficient upon which to dis
miss the bill But if only fifteen years Of ad-
verse possession of respondents be considered
as shown, this under the circumstances Of this
case is evidence of such laches on the part Of
the petitioner in the prosecution Of his rights
and Of such unreasonaEly long acquiescence in
the assertion Of the adverse claims of the
respondent to oblige equity to decline to inter
fere in his behalf
Story's Equity Juris, Sec 1920 and notes
may be referred TO as supporting this doc
trine.
Bill dismissed.
Dole and Bickerton for petitioner; Hatch and
Brown for respondents.
Honolulu, January sth, 1884.
The Hawaiian gazette., 1884-01-16
Balraiiair 6azette.
wgDygspAY. JANUARY le. 1854.
Supreme Court OF the Hawaiian Islands :
In -Special Term. Dec. 20, 1883.

In Banco. Special Term. Dec. 20, 1883.
Z. B. THOMAS, RESPONDENT VS.. THE TRUsI-
KEs OF THE LuNALILo ESTATE, ArPE1 =
Befor, Jrdd, c, J, MeCruy aud ArsfiT, IL.
OPINION or THE CoURr, BY AUsTIN, j.
This is an appeal from an award entered Up
as a Judgment on the Court in favor Of tie
plaintiff.
The appellant claims that the item OF S251O
for extra work in cutting stone was not SUI
mitted to the arbitrators by the agreement %
arhitrate, and that the contract which was a.
tached to that agreement showed that the e.
ira work must be specified in writing or it
could not be charged for, and that mistake
Of fact was also made in no: charging plain
tiff IS a day for time beyond The contract time
for completing the contract. And claims that
in allowing the $500 item, the arbitrators
made clear mistake Of law, and mistake Of
fact in disallowing the other item; and that
for these reasons the award is void and the
Judgment must be set aside.
In examining the agreement to arbItrate 1t
appears that tile item Of $500 was submitted
specifically to the arbitrators, and on reading
the testimony, that ;he parties testified fully
about il.
The arhitrators must have thought upon the
evidence that there was a substantial waiver
Of the requirement TO specify the extra work
in writing, which was binding in law. We arc
not prepared TO say but that they were right
in so finding. They certainly bad right to
proceed 10 sec whether the item could or
ought to be allowed.
Upon the item Of extra time at IS a day
taken TO complete the work the arbitrators
must have found that the circumstances show
ed waiver Of the clause providing day for
completion. The evidence seems TO show
such waiver.
The award seems 10 have been made in &C
cordance with the terms Of the submission,
and it appears thatit was not made by collu-
sion or fraud, nor is this claimed by the dc
PENDANT.
By numerous cases at is well settled that
the award, if made in good faith is conclusive
upon the parties, and that neither Of them can
be permitted to prove that the arbitrators de-
cided wrong either as 10 the law or the facts
Of the case"
Winship VS.. Jewett, Barb, CHI Rpts. l73,
Isl jackson VS.. Amber, Il John Rpts., l0j;
Mitchell VS.. Bush, Z Cow Rpts., lsj; Perre-
man VS.: Steggal, Q Bling, 6sl; Lancaster vs..
Remington, Ad. and Ellis 3i7 5. P.
The defendants counsel further claims that
the clause allowing an appeal in the agree
ment to arbitrate, and allowing the appellate
Court to fix the costs in case Of appeal takes
the case out Of the Statute. We think not.
The appeal referred to is the one mentioned in
the Statute, Sec. $50, and under Sec. 1913, the
arbitratOrs have properly provided for the
costs Of arbitration.
The Judgment must be affirmed.
t!E. Preston and J. Russel, for plaintiff; s. J..
Dole and W. o. Smith, for defendants.
Honolulu, January It'll, 1881.
The Hawaiian gazette., 1884-01-16
VIENNA FURNITURE:
CRATES OF ASSORTED CROCKERY

Extension, Arm, Dining Room and Parlor
Chairs, Settees, dc,
Saddles, CalfskIns, Girths, Stirrup feathers,
The Hawaiian gazette., 1884-01-16

E. B. THOMAS, REsPoNDENT VS.. THE TRusI-
KEs OF THE LUNALILo ESTATE, APPEL :
The Hawaiian gazette., 1884-01-16
sugar. &c Rice Bags
M all u;yae mud .,,ual,ties
GROCERIES

u VI 'IE7I7 7El1l1 7'7Ia111I7T
Coal Bags, Gunnies, Irvine, Burlaps
Woolpack and Twilled Sacling, Linen Hose,
The Hawaiian gazette., 1884-01-16

-. -, va, c. J, M.caIy and lr.,Ir. ~.
The Hawaiian gazette., 1884-01-16
Supreme Court of tho Hawaiian Islands
In Banoo, Special Term. Dec. 20, 1883.


Judd, c. J., McCHIly aud dustin, J. J. Opinion Of
he Count bg .IrRa, c..
The Hawaiian gazette., 1884-01-16
General ,HerfhsHdisr.

T. General .HrrfhsHdist.
& co.
OFFER FOR SALE
INVOICES OF new GOODS
JUST RECEIVED PER
BARK &C. r. BISHOP" AND
STEAMER EHRENFELs."
FROM BREMEN,
Consisting in part Of as follows:
A Lorge Asst. of Dry Goods,
sUCHAs
DENNIS, Brown and White Cottons,
Drills, Iiokings, Turkey He'd, &C,
MerinUS, black and COIOred, Qualities
Reps, oobOurrs, Alpacas, Italian Cloth, AID
Dress GOODS,
sUCHAs
Fancy Prints, Twenty-Five New, Styles,
Printed satteens, Pompadours, Plaids,
Ginghams, Victoria Lawns, Satin Stripes,
Fancy Striped Grenadines,
White Silk japanese, wills, lSerces
Poplins, Satin and MORE,
Black and Colored Nelvots,
FINE SILKS,
Black, Grosgrain, Fancy Colorcd and Striped
Barego, Crepe, DC,
TAlLORS' GOODS:
Buokskins, Diagonals Tweeds, Cords,
Serges, Silesias Doeskins, Cassimeres dc.
A Splendid Asst. of Shirts,
twoolrn, Mixed, Calico, Hiekory, Denim, Se)
Merino and Cotton Undershirts,
White Bosom Shirts, &c,
Socks and Stockings Handkerohicis'
FuulErds, Gloves,
A LARGE INVOICE OF CLOTHING
As
Fine Black Cloth Frock Goats and Pants,
Buckskin Sacks, Pants and Suits,
Felt Mohair Drill, Flannel Sacks and Pants,
Boys Shirts and Children's Jackets,
Monkey and Sailor Jackets,
/. Il. Goats and Leggings, Carpet Slippers.
Silk and l. c. Umbrellas and Parasols,
Fancy and Travelling Shawls,
Cotton and Turkish Towels,
White and Fancy Quilts,
Felt Rugs and Brussels CarpetinC,
BL A NIX ETS:
Horse Blankets, White and Fancy Blankets,
Fancy Striped Wooden, two sizes,
Scarlet, Orange, White Wooden, and points,
Threads, Tape, Elastic, Scarfs, &c,
Silk and Velvet Ribbons
Buttons for Shirts. Coats, Pants Dresses,
PERFUMERY, FLORIDA WATER,
Genuine Eau de Cologne, Lubin's Extracts,
Toilet Soaps, PhilOoome, Hair Oil, Combs,
Mirrors, Looking Glasses, Pipes,
l. X. Balls. Harmonious Blank Books,
Albums, Gold Leaf Jcwelry, Watches,
VIENNA FURNITURE:
Extension, Arm, Dining Room and Parlor
Chairs, Settees, DC,
Saddles, Calfskins, Girths, Stirrup feathers,
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-07-04
POLITICAL NOTES.

The Republican campaign managers 10 wIseon,.
sot thst IN no other state arc the plans for poite
WORK 40 Tar advanced Insnuatons about tho dis,au.
facon OF German voters are shown by accurate ropors
from all parts OF the State TO be unfounded Indeed III
members Of the committee themselves surprised "A
the enthusiasm which the Republican nomination. hays
already Inspired among the Germans. leyelhead,a
Republican, writing from Jefferson County which ha,
largo proportion Of German voters says: II the "A
msnder OF the State shall be anything like our section
can ticket" While referring to the German Vote o VII
consin II is Interesting to note that the North American
chairman OF its executive committee Dr. II NJ starHos
OF st. Louis, whom the Westehe Post endeayord to defs
ticket The fact that Oscar Hover business manager o
the Ws:che Post was the only member Of the executive
committee OF the Turner Bund who not reelected
makes the rebuke still moro emphatic,
Some Of the Democratic politicians who know Mr. Hen
bricks best declare that he finally agrees to nominate
Mr. Mcdonald at Chicago, 1t will be with the lingering
hope that the convention having listened 70 his soquent
and dnterested plea, will coyy ask. why don't you
speak for yourself, Thomasp
The Boston Glo5e remarks: "The Republicans hays
nominated strong aggressive and popular candidate
That fact cannot be wnked OF sight Now how shah
the Democrats meet that canddatet BY nomn atng enc
stronger, more aggressive aud popular The only
trouble with this programme that can't be carried
out, with all Difference to The 0toJe which Is confienS
that " General Butler exactly fills the bill"
From various observations in Democratic Journals ws
learn that General Buterls the whose nomination
would be disgracefu to the Democratic party and
also that be is the one whom the Democrats must
nominate in order 10 suceeed that he blatant dema
gogue and an unseifsh patriots reform executive and
an INSCRIPTIONS knave; the embodiment Of justice
vulgar thief In view or all this, who blame General
Butler IL he thinks his nomination certaini
Congressman "Phll Thompson Of Kentucky. cannot
be said to take hilarious view Of the Democratic situ
ton. After abiding to the split and fight in the New
York delegation lately expressed with due soemnity
only adopt tariff reform platform, 1--WE shall have
good living fight for the future even II we lose this
time"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-07-04
THE DEMOCRATS AND THE NAVY

The Democrats apparently mean to stand by
the position they have taken on the Naval APP
preparation bill. The Senate cannot consist
emily retreat from its conclusions, and it ought
not to do so. But il is necessary that the public
should thoroughly understand the Democratic
attitude, and therefore some examination of
the recent debate on the Conference Commit
tees report is in order The only apology for
an argument used by Mr.. Randall on this oc-
casion was the statement that the plans of the
vessels under construction had been adversely
criticised. But if Mr. Randall had told the
whole truth about this adverse cliticism-if,
that is to say, he had said that it ..emanated in
the first instance from English censors-his
statement would hardly have served even the
purpose of stalking horse. AS to the home
criticism on the vessels, twO-thirds of it is
simply revamping of the hostile British COM
mcnts, and the other third may be accounted
for on the principle that Republican Admins
tration is incapable Of satisfying Democratic
opinion. So Mr.. Randall's position really is
this He is prepared to prevent the recon
struction of the American Navy, and to fix the
full responsibility for that policy upon his
party, on the strength of the fact that the new
critics. who could hardly be expected to view
with enthusiasm the building of vessels capable
Of competing with those of the British Navy.
This position Mr.. Randall has himself chosen
deliberately, ana the presumption is that he has
counted the cost of his new departure. til
perfectly apparent that he cannot justify him
self by any plea which does not exclude the
theory of patriotism. 1t is solely as an OBJ
structivc, as an enemy to the rehabilitation of
the Navy, that he figures. And the conclusive
proof of this is that if he had merely been de-
sirous of preventing any waste of public funds,
as he has alleged, and if he had been willing or
anxious that there should be n Navy, he would,
as Mr. Reed APPLY pointed out during the de-
bate, have proposed some plan for substituting
more efficient vessels for those he condemns.
But such action WAS foreign TO his purpose. He
sought, and his party seeks, the prevention and
hindrance of all naval construction. Lest any
money should be wasted, he would throw away
all that has been already expended upon the
steel cruisers and the double-turrcted monitors;
and having laid them I'D, he would carefully
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-07-04
THE BLESSING IN DISC USE.

We often hear in the rural districts of a man
y so odd that he won't do as he wants to-" 1t Is
by this unique class of men that our friends the
Independents seem at present to be Differed
Ever since Civil Service reform has been heard
of, the party cries have been "prlnciple, not
patronage" let the Office seek the man, and
not the man the Office" no appointment with
out merit" "let the people rule, and not the
office holders" These views we confess we
have heartily shared and have constantly pro-
claimed to the best of our ability. These
views we have believed to be held by the peo-
ple-by the great mass OF intelligent and patri.
otto citizens who constitute the Republican
party. The late Republican Convention dem
onstrateC the correctness of oar belief. For
years the people have been laboring to find ex-
preston. They have increasingly hammered at
their conventions TO make them voice the pop
uar sentiment "Bosses," Office holders, have
resisted stoutly, but the people were resolute
and they have prevailed BY the destruction
of the unit rule, by the establishment of the dis
trict system, they had at last created a c0nven-
ton which was really representative, and with
shout OF triumph the people nominated their
man. And 10 he is exactly the kind OF man
whom the Civil Service reformers have been
wanting these many years He is man whom
the Office sought and who did not seek the Office.
lie was a man sitting in his own study, absorb
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-07-04
NETWORK DAILY TRIBUNE, FRIDAY, JULY 4. 1894

abstain from putting anything better In their
place.
Tho tenuity of this position has led some OF
the Democrats TO attempt It's reinforcement by
tho assertion that wo have no use for Navy
anyhow; that tho American citizen finds full
protection everywhere as IL IL that no foreign
power would, could or should venture to attack
us; that unsupported diplomacy Ia capable OF
solving MI difficulties abroad. In answer to this
Il would be sufficient 10 read some of General
Walace's recent dispatches 70 the state Depart
ment about the difficulty OF obtaining repnration
for ontrages upon American citizens, because
of the absence from Turkish waters OF all signs
Of tho naval power of tho UNITED states. Bue
the fact that our naval weakness exposes Amer
lean citizens abroad to all kinds of annoyanoes,
impositions and insults Is too notorious to re-
quire detailed proof. The plain fact is that the
country needs a Navy as much as our great
cities need police force, and that the security
of the citizen abroad, and the dignity and honor
Of the United States, cannot be maintained
without it.
But the Democrats apparently want to see the
flag trailed in the dirt. Rather than forego
petty fractional success, they are willing to ad-
vertise to all the world not alone our defence
essness, but the presence of lack OF
patriotism which may paralyze us in crisis.
1t is by such demonstrations that the leading
Democrats expect to convince the country that
all cause for suspicion of their loyalty has long
ceased to exist, and that they are to-day filter
than the Republican party to guard the interests
and maintain the honor of the Republic, at
home and abroad.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-07-04
PERSONAL.

Glasgow University who delivered this years PM Beta
Kappa Grafton at Harvard. is yet young man to have
gained high rank among the worlds foremost classical
scholars having been born In ls4l and graduated In
1862.
Mr. Howells's house on Beacon-st, Boston, Is
only a few doors from that OF Oliver Wendell Holmes.
The late Henry j. Byron. the English actor WAS once
asled TO dine with gentleman who rich, rompous
and much OF a gournan1 aud whose name was also
Byron. After the sumptuous feast, at which the host
by far the most yoracious eater the conversation
turned upon heraldy and said the host, ave must be
your pardon" said the incorrigbe Oker that belongs
TO my braLch OF the family, but yours IN different
-uow ~ g. demanded the gGurInand. why" said
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-07-04
No AsCrNsIOS ROBES PREPARED.

T.. L. Hocard Adrent Minister. Bropkip.-It is untrue
that Advensts prepared ascension robes for the
last day OF the world William Miller the first great
preacher Of this dsrne in AmercbeSan his discourses
IN 1887 but 1t was till 1913 that he fixed time and
that his preaching much listened to- He prepared no
white robes. nor did any OF his followers aud defy any
one living to say that he has or to produce
docume atary evidence that ever existed The Al
vens who have separated from other churches are not
very numerous but there large numbers or them In
the orthodox folds proved by the largo ATTIC nd
anee at the meetings in young Dr. Tyngs church few
years ago
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-07-04
Netp9lork pmIp Tnbn,te
FOUNDED BY HORACE GREELEY
NETWORK. FRIDAY, JULY 4.
TIE NEWS rms MORNING.

FonrIgN--Thc panic caused by the outbreak OF
eholera IN Touon and Marsolcs IL increasing In
France. -= France and China are preparing to
reuev the war. = Tho Mohammedan Unyor-
atty FL llazar has declared for the Mahdi.
CoNoRKss--Senate sustained veto of tho Porter
bill; Fortincations bin reported aud passed. ANTI
Chinese bill passed bill passed to forfeit uncarned
lands granted 10 Atlantic and Pacific Railroad
COMPANY - In House majority and minority
reports In tho English investigation were sub
plitted and the matter was LAID on the table.
Decentralization issued proclamation warn
ing persons not To invade Oklahoma lands. --
Attorney General testified before Springer Commit
tee. - Revere Rubber Works, Chelsea, Mass,
burned loss $500 900. go Cherrie " Co.. deal
ers IN pig iron. Chicago failcd liabilities $780,
600. -- Whittemore, Cabot ~ Co., Boston,
failed. 80 Six bodies were found in a railroad
wreck at CUNNINGHAM, Mo- - Mrs Jones was
killed by her husband in Troy. == The elective
system has been much extended at Yale College.
CITY AND SUBURBAN.-The janitOr of the Gram
ercy Flats was assaulted and robbed on Wednes-
day night. 60 The charges against the Kew. Dr.
Bristor have been dismissed. - There was
$40 900 fire in Brooklyn yesterday. - Tx
Judge Arnouxs brother copmitted suicide ----
The Armories investigation was continued -
Hague, the missing Paterson City Clerk was found
70 have swindled some friends - Gold value OF
the legal-tender silver dollar (412l2 grains Si87
cents. - Stocks opened tame and declined but
sfterward recovered, advanced sharply and closed
buoyant
The WTATHFR-TRIBUHE local observations in
d,cate clear OF fair weather. with slight changes in
temperature. Temperature yesterday Highest
e1o; lowest, 74o; average, 1892.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-07-04
TdLKS AMOUR TOWN.
THE DAys OF CLAY AND JACKSON.

Captain fsdidh R7,dcrs reerdn Democratic Politician
There was great resemblance between Horny Clay and
Andrew Jackson. not only IN character but In looks
Both wofo OF high tompor aud iud0mltahle oour
age, devoted % their friends aud hating their onomes.
They were both tall and straight with kcon piercing
eyes that seemed TO look right down into you. both
had engaging whom they desired 20 please.
when dspeasod. thor wrath terrible 10 behold.
Tho great point which they differed was IN the faculty
of speech. Jackson only possessed this moderately,
while Clay OF tho finest orators the world has
produced knew them both WE'LL also knew In my earlier
days Governor Tompkns and DE witt Cliuton. TOmpkins
had very winning ways. aud much liked by those
with whom he came into casua' contact In seeing Gin
ton you knew that you great man. He was austere
and unbending, but with faculty OF binding those to
himself whom he wished that perfectly surprising
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-07-04
PARROTS AND OTHER FEATHERED PETS.

george Holden, bird umpOrter.-Not Only Is this the
moutng season. but all best customers out Of
town, therefore not importing many birds just
now, except baby parrots from Cuba. OF these some
times sell as many as two three hundred during the
summer. They caught By the negroes, who take
them from the nests before they can fly We send an
agent year, who goes from place to place
collecting the BIRDS which then shipped 10 us Ia long
cages holding a dozen or more. They hardy little
creatures and seem thrive their diet % seabiscu
for they rarely die the passage The change Of climate
is not so great In the of che African gray parrots
but the latter much better takers. young African
parrot is worth about $50 before he talk while the
Cuban birds bring only IS apiece. What is that
white blackbrd. is freak OF but one that
often occurs 1t Is mOulting just now, and It's eye Is
changing from blue to PINK. This one comes from Ger
many and good sougster. but American robins
often are found as white this.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-07-04
THE PRESIDENTS vEro MESSAGE


The defeat of the Fitz John Porter bill needs
no argument. Almost everybody seems to
overlook the fact that the pending bill did not
concern the rightfulncss of General Porters
original sentence but the propriety of putting
him back into the Army, over the heads of other
officers, and without the exercise of the dis
cretion which the President has and ought to
have in making appointments. The Presidents
veto message brought this fact to the notice Of
Congress, and no answer appears to his state
ment that if Congress creates an office, his
constitutional power to exercise discretion in
filling that Office cannot be denied.
Neither can it be denied that it would be a
bad precedent to establish, that verdict of a
court martial could at any time be set aside,
and cashered officer restored to his command
by political influence even in time of war and
in presence of an enemy. For if Congress has
power to reverse the findings of a court martial
at all, it has power to do so at any time and in
any case. The Presidents message is temper
ate and unanswerable.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-07-04
BLAINE ELEMENTS IN THIS CITY.

Colonel o. r. COster, United States Pension AGENT
occasion at my Office to meet large numbers Of men
who represent nearly every walk in life in New-York
There are clements at work for Blaine aud Logan that
are little understood appreciated. Under the upper
crust there IS of humanity who sympathetic
in politics. and who have been touched in Blanes nom
inaon to quick and hearty response. We have been
looking upon NewYork City certain 10 be about the
worst place for Mr. Blame in the country. The ndloa
lions that the direct opposite 1t will be
one OF the best places.