davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1884-12-10

This Is an action to recover the sum of
5000, damages for breach OF covenant Of
quiet enjoyment in a lease made by the
Commissioners Of Crown Lands, Of the
premises IN Honolulu known as Homo
lulu Hale
The complaint in effect states that the
lease was made on the 9th December
1880 TO Whitney and Robertson for the
term of ten years from LIST Of January
1881. On the 1st January 1882 Whitney
sold his interest IN the lease to Robertson
and on the 18th January. Robertson. with
the consent Of the defendants, assigned
the lease to plaintiffs by way Of mortgage
The lease confirms full covenant for the
quiet enjoyment during the term against
the iawfGl claims Of all persons. By
decree Of the Supreme Court, Ruth Re
elikolani and Emma Kaleleonalani we're
decided 10 have lawful right and title In
fee to the said demised premises and they
evieted the plaintiffs from the premises,
and that the defendants covenant for
quiet enjoyment has been broken and the
lease has become Of no value.
The complaint also alleges that the de-
PENDANTS had never reentened for the pur-
pose OF enforcing any forfeiture for breach
Of condition and that al forfsituues have
been waived by defendants.
The lease contains a covenant BIZ the
lessees not to assign the premises without
the written consent Of the lessons and q
right Of reeRtry on breach. 1t was proven
IN evidence that 500. rent acoruing since
the assignment to Bishop d Co was paid
by Robertson and accepted by one Of the
defendants, the land agent and Com
missioner
The jury rendered verdict for plaintiffs
for The amount claimed
At the ira, the presiding Justice ruled.
on objection TO the introduction Of the |
evidence, that the Eitten consent to the |
assignment to the Plaintiffs BY the Grown |
Commissioner and Land Agent alone. |
was insufficient but that the receipt By |
the defendants as stated. OF rent accruing /
after the assignment vas made, operated
as ETiFer OF the breach Of the condition
N the lease not TO assign.
It Is coufsnded BY defendants counsel
that this Is erroneous and the plaintiffs
are not entitled to recover IN this action
because there Is no priivity OF contract be
tween then and the defendants The
payment OF rent was not made By plain
ifs as the ssSgnees Of the. lessee Robert
son- and so II does not constitute waiver,
nor recognize their rights under the lease
We think that payment Of rent to the
and Agent under the statute creating
be Commissioners Of Crown Lands binds
he Board L IS not required Of q leszee
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22
The Gin Car Company Failure.

COLUMBUS, O., March 2l.-In the matter of
the assignment Of the Gill Car Manufacturing
Company, made last evening, the schedule shows
nominal assets to the amount of 800, 900 and
liabilities of $259,OOO. The assets consist of the
car-works' plant, $3.50, 900; bills receivable, $3.50,
900; accounts receivable, 500 0 material on
hand, $40. 900. The liabilities are as follows:
Mortgage in favor of CT G. Greene. of New Jersey,
1925, 000) on car-works and 500 acres of coal land
in Athens county. with a mortgage on the same,
to secure $3.50, 900 of frst-mortgage bonds, only
$4,000 of which have been negotiated; bills
payable. $67, 900; bank loans, $6G, 900; open ac-
counts, $40, 900. 1t is thought, from the char
acter of the assets, that the shrinkage and the
expense of closing up the business will reduce it
to a level with the liabilities. A good portion of
the first mortgage bonds are held by the Phila-
delphia Truck Company, with arrangements
that thoy be not sacrificed while other amounts
are held by different companies as collateral.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22

J. II. Clifford. the new manager of the Indian
apolis base ball club. has arrived in the city
to take charge of affairs. He has had extensive
experience in base ball matters, and is a cour
teous and obliging gentleman. The following
named players have been engaged by the Indi
annapolis club, and will report for duty by
April L; MeKeon and Macarthur, pitchers;
Keenan, and Thompson, catchers; kerins, first
%baseman; Merrill, second baseman; Callahan,
third baseman; Phillips, short-stop; Dorgan,
right fielder; Friess, center fielder, and Peltz,
left fielder. Thomas Downing, who played
second base last year, and was reserved for this
season, will probably be released, as be does
not desire to play ball, having a better occupa-
ton. The Seventh street grounds will be put
in order as soon as possible, and practieing will
begin within a few days. The grounds for Sun
day games have not yet been selected, but will
probably be near the Schuetzen Park, The
prospects for the season are regarded as fatter-
inc
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22

There is said to be but little stock of the
T ennsylvania road proper for sale at any price.
The appointment of a receiver for the She
mango q Allegheny road is the eighth since
january L
A large party of politicians has gone to Mex.
leo, travelling in the car Of H. j. Jewett, presi
dent Of the Eric road.
The special New York express, one day this
week, was hauled some thirty nine miles in forty
minutes. There were ten coaches in the train,
and it was hauled bv two locomotives.
The Philadelphia & Reading railroad is ex.
perimenting with diagonaly ~scarfed rail ends.
with the object of lessening the trouble from
abroad, but, we believe, unsuccessfully.
The Portland Locomotive Works has just
turned out an engine for the Northern Pacific
road, which has a novelty in the Joy valve mo
ton. the first yer used in this country. 1t does
away emit" y with eccentric links; the valve
works from connecting rods, and has Butter
fields ash pan.
On the Pennsylvania the cost of placing ties,
laying rails, spiking and putting in the fish
plates, is about $500 per mile for labor. Tn fish
joints cost 81 per joint for material, including
the bolts and fish plates. This cost does not in
clude any tamping nor surfacing, which comes
from 5000 to 800 per mile.
The future New York & New England railroad
is a subject of much speculation. One rumor is
hat the New York, New Haven & Hartford will
lease the road and guarantee the interest upon
the first mortgage bonds at slightly reduced
rates. 1t might be we'll for the n. Y. & n. E.
stockholders to call in John Douglas, receiver of
The Ohio G. Mississippi, to help them out, so adj
nirably has he done the work for the o.. & NJ.
people.
The business men of Atlanta have come out
fat-footed against pools. They say; Under
the railroad pool system, as now carried on, At
lanta is treated with injustice. Distance from
any and all points counts against this place.
Proximity to any point brings no benefit. Fol
instance, on freichts from Chicago, st Louis.
louisville, Nashville, etc, Atlanta pays practi
ally the same rate as Macon, Augusta, Athens.
Washington and ElJerton, although. to reach
he points named, the freights are hauled
through Atlanta"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22
The Rate Was Becoming interesting.

The statement was made yesterday and was
telegraphed East that one of the fast-froight
lines had given an indianapolis shipper a 12cent
rate per cwt. to New York and two weeks to load
the property out.
The statement that rates were lower, yester-
day, from indianapolis to New York than in any
time previous is incorrect. In 1880 for some
three weeks they were down to s cents per cwt.
to all seaboard points, and it will be remem-
bered that V. L. Malott, then general manager
of the indianapolis, Peru & Chicago road, which
was then given Is per cent of the east bound
business, withdrew from the market.
IL. H. Duval, general manager OF the Erie
fast-freight lines, was in the city Yesterday. To
the question how long the rate war would con
tinue, he said; just as long as our friends
meaning competitors-choose to keep it up.
Geo. b. Roberts, president of the Pennsylva-
MIA lines; is quoted as saying that he asked Com
missioner Fink to reduce the east-bound rates
to a basis of fifteen cents per one hundred
pounds from Chicago to New York as a legiti-
mate war measure. 1t was a war in the
pool, and if a competitor of their lines chose to
make a less than ffteen-cent rate he
should without hesitancy ask Commissioner
Fink to order another reduction. He proposed
to fight 1t out now on this line. If the Vanderbilt
people wanted an s or even a 6 per cent. rate
they could have It,. The Pennsylvania lines
would not lead in the matter. would not with
draw from the pool, hut would call for a reduc-
ton TO meet the rate made by any competitor.
H. W. Hibbard, general freight agent of the
Vandalia, passed through the city, yesterday, en-
route from Pittsburg to st. Louis. He says he
is satisfied the Pennsylvania people pro
pose to have no more nonsense in
rate matters. They have looked Or
long enough now, have their wa
paint on, and will not let up until presidents who
think signing an agreement TO maintain rates i
void five minutes after they place their signature.
80 the agreement are ready TO restore rates an,
then adhere to them.
c. 5. Sanger, general manager of the Cont
mental line, was in the city yesterday. He say.
there 10 no telling how long this war on rate
will continue. 1t is bad business, but the b. i
o. people can stand as much of such racket .
any Of their competitors.
I. A Lewis, western manager Of the FL
Ines, thinks it possible that the rate war whic
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22
The Demand for Divorces.

Barbara f. Pargeson has applied for a divorce
from John w. Pargeson, to whom she was mar
ried in 1877, and who abandoned her six months
later, the result, as she claims, of 'the Inter
vention of interested Intermediates" She asks
for 81, 200 alimony, and that the court order the
defendant and his guardian, Ely Rucker, to
make her a sufficient %owance to prosecute her
suit. The complaint states that since her mar
riage she was dangerously i'll as a result Of Grim
inal practice.
Mary Lamb has applied for a divorce from
John Lamb, whom she married two years ago,
alleging cruel treatment, abandonment and ha-
bitual drunkenness. The defendant is now in
Kansas.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22
Important TO You.
EVERY PERSON Is INTERESTED IN KNOWING THAT
Ayers Pills Cure

Acidity OF the stomach and Flatulcncc,
Yellow jaundiced skin,
Enervation and Languor,
Rheumatic and Neural@ic Pains,
Sick Headaches and Nausea,
Chronic disposition to COstiveness,
An1mia caused by Dyspepsia.
Torpidity of the Distracted liver,
Heart disease induced by Constipation,
ApOplectic tendencies similarly originated,
Relaxation of the nervous system,
Torturing sleeplessneSs from Indigestion,
Inflammation of the cOstive bowels,
ClOgging and deterioration OF the kidneys,
Pain in shoulders and back,
Indigestion and Constipation,
Liver Complaint and BiliousneSs,
Low vitality and Nervousness,
Skin EruptiOns caused by Constipation,
C-0stiveness and Pain in the bowels,
Uric acid poison in the blood,
Rashes and Boiis caused by Constipation,
Enfeebled sight and Nervous TremorS,
Mental and physical depression.
AgueiSh symptoms from Indigestion,
Nausea, Dizziness, and Foul Breath,
Youth and age troubles of women,
Inactlon of the sccret0ry organs,
LoOseness of the bowels,
Loss Of appetite and furrcd tongue,
Swellings s%ymptomatic Of Dropsy.
There is no form of disease, caused by
Indigestion and Constipation, that does
not yield to their beneicent power. They
stimulate the digestive and aSsimilatory
organs, strengthen the machinery Of life,
and have no drastic or weakening effects.
Any one who chooses to enquire will
find in his own community abundant will
ing witnesses to assure him that the best
pills in the world for cure of the many
ailments consequent upon arrangement of
the digestive functions are
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22
A Novel LEGAL Proceeding.

Ticket Scalper Powell, who is always in a
cheerful frame of mind when he has a case in
court, yesterday capiased J. G. Ever
est, travelling passenger agent of the Chicago,
Milwaukee d st. Paul road. Powell claims
that Everest owes him $48 commission on tick
cts he sold last summer for the c., M. & s.. P.
OF course the justice of the peace. decided that
Mr.. Everest was only a representative
of the company and not liable personally
for this commission, and dismissed the case.
1t will be remembered that in July last the
Journal intimated that the c., NJ. & st. P. was
operating here through scalpers, and that the
Chicago papers vigorously berated the journal
for insinuating even that such was the case, and
A. Y, H: Carpenter, general passenger agent,
carded the papers with a vigorous denial; yet in
court, yesterday, Mr.. Everest is said to have adj
mitted under oath that he promised to pay So on
St. Paul and points beyond, and So on Omaha
and points beyond.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22
SALE OF STATE LANDS.

In pursuance to the provisions of an act entitled
An act authorizing the sale and conveyance Of GER
tain lands belonging to the State Of Indiana and dis
posing of the proceeds thereof and providing for the
recovery of the possession of amy lands Of the State
unIawiuly occupied, aud for the rent Of any Of tho
lands Of the State until sold, approved March 7,
1888" l viii offer foI sale for cash to the highest
bidder, at the courthouse door in the city of Franh-
lin, in said state. at from 10 "a. IL. to 1 p. IN. gu
Thursday, April 10, 1884. the following described
real estate. situated in Johnson county, belonging to
tho State Of Indiana and authorized to be sold by said
net, viz: The northwest quarter of northeast quarter
section 10, township l. north. range 3 cast, contain
ing 40 acres. appraised at $500.
This iand was mortsaged to the State Of Indiana t.,
secure the payment of = loan from the College Fund
and was forfeited for the non-paymeut of interest duo
it. No bid for less than the appraisemcnt will be re
ceiyed. JAMES II. RICE. Auditor Of State.
indianapolis Ind, March IL, 1854.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22

a daily prayer meeting is held in the a%ssocia-
ton parlor every morning from 8 to $50 o'clock.
Tomorrow gospel meeting will be addressed
and conducted by W. H.. Hyatt, Of England, in
y. Nj. c. A. chapel.
Sunday-school teachers of every denomination
are invited to spend the noon hour to-day in the
study of the lesson for tomorrow at Y. NJ. c. A.
chapel. A competent leader has been secured.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22

a suit has been filed in the federal court by
Frederick A King, of Hartford, Conn. executor
of Cecilia Mills, against Edward King, George
P. Bissen and others for the foreclosure of a
mortgage for $3l 900 on property in the David
son heirs addition to Indianapolis. The mort
gage was executed on Feb. %, 1879. The plaintiff
asks iudgment for $50, 600.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22

The year 1883 seems to have been an off year
for the Little Miami division of the Pennsylvania
lines. Its gross earnings We're $L,647,9l a de
crease of $26, 444, while the expenses were 81 40,
81, an increase of $67,571 distributed, through
every item and increasing the ratio Of expenses
to earnings ). 10 per cent, to 89.53 per cent. The
net earnings of the road were only $l77,542 and
its net revenue 1921, 0S5, against which there
were charges of 1926, 864, showing a net loss of
$4O5, 10, which was $l39, 7G4 greater than in
1882. There was a loss in tonnage of 4, 78l tons,
owing to the loss of the New York, Pennsyl-
vania & Ohio traffic between Cincinnati and
Springfield. There was a large increase in the
movement of iron and steel rails, castings and
general merchandise, but a greater decrease in
lumber, grain and miscellaneous manufactures.
number of passengers was l,lS3,293, an in
crease of 1873, 044, almost wholly in local traffic
to and from Cincinnati. During the last five
years the tonnage movement has increased 70
per cent, while the earnings have increased only
40 per cent.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22
Physicians and Patients say

"Ayer's Pills are n of the best rem
edies for bilious arrangements that We
possess DIR. WIN. PRESCOTT, Concord,
N. H..
"Ayer's Pills are active, searching and
efectual, hut not gripping or drastic
PROF. j. M. LOCKE, cincinnati, 0.
"Ayer's Pills are far superior 10 any
which have fallen under my notice." Dir.
j. II. Chiffon, Nel0 York.
"Ayer's Pills are adapted to all the
disorders which can be cured by the judi
cious use of a physic." DIR. SAMUEL
MCCONNELL, Montpelier, ".
"Ayer's Pills | am using in my prac-
tice and find them excellent DIR. j. w.
BROWN, OceGHa, ". "a.
"Ayer's Pills have entirely corrected
the cOStiye habit and vastly improved my
general health" REV. +. b. HARLOWE,
Atlanta, "a.
ayers Pills have cured Rheumatism
and Kidney troubles amOn% my crew, and
they did away with my Dyspepsia"
CAPT. {. MUELLER, str. "Feiicia.'
"Ayer's Pills invariably cure me Of
headache" JOHN STELL, GerD1uht0irR,
Pa.
Ayers Pills have cured me of Consti-
patton of long Standing EDWARD ..
EAsTERLY, ROchford, III.
"Ayer's Pills gave me new life and
vigor, and restored my health" JOHN
LAZARUS, 81. Johns, N. b.
Ayers Pills cured of Indigestion. Con-
stipation and Headaches, NJ. V. WATSON,
1872 state St, Chicago, III.
Ayers Pills cured of Liver Complaint,
Dyspepsia and Neuralgia. p. II. ROGERS,
Needn9ore, BrOWN Co., Ind.
"Ayer's Pills have cured me entirely"
MRS. MARY y. SCOTT, Portland. Ne.
Ayers Pills cured of Rheumatism, S.
NJ. SPENCER, Syracuse, N, I.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22
Building Permits,

Building permits were issued, Yesterday. TO
Jeneska Farnham, for a 81, 900 frame cottage on
st. Clair street; Chris Schetter, a So, 500 business
house at Pennsylvania and Morrill, streets; A.
Dam1neyer, $500 frame cottage on Oriental
street; Henry Stolte, $500 frame cottage on East
street. in Beatty's addition.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22
SMALLPOX Items,

No new cases of smallpox were reported t.
he Board of Health yesterday. John II. PoGe
meyer, the expressman, who was taken dow
srlier in the week, died at the pest-house o
hursday night. Therea are nineteen other case
iere, three Of which will probably have u fata-
crmination.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22

is simply d legalizcd war in the pool interests,
may continue some time. 1t certainly would, he
thought, if the Vanderbilt lines had brought it
on to enable them to squeeze weak competitors,
like the L-aekawanua, West Shore and the Grand
Trunk. COMMISSIONS Fink's action was Il war
measure, and how long it would be enforced de
pended much on the temper of the Vanderbilt
vaopla
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22

The case against Jarrett Stillwell. arrested at
Pikeville for completely in the countorfeiting
operations of the Fouchins gang, hes been trans
ferred to the docket of the District. Court at
Evansville for trial.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22

The st. Louis, Vandalia & Terre Haute road.
western division of the Vandalia system. last
year earned 81, 695, t335, an increase Of $54,0 81:
but expenses were 81, 45l, S02, an increase of
$228,S72 bringing the ratio Of expenses to II. 30
per cent. greater than the previous year, and up
to 70. Il per cent. The rental go per cent. of the
gross e~arnings) was $5O8, 600, while the net earn
ings were only $343, 533, a decrease of $174, 100,
so that there was a loss to the lessee of $l65, 067,
against a profit of $25, 947 for the year before.
There was an increase of the local and a decrease
in the through traffic. The heavy increase OF
expense, over 70 per cent. for maintenance OF
way, was caused by ballasting thirty-nine miles
of the road with stone aud gravel, r~elaying
thirty-four miles with steel, and by expenditures
for additional sidings, graduation and repair of
bridges.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22

caG ior advertised l]otters. and give fhg datc i this
list
LADIES' LIST
y, ,~,lD p,t1m' ~ = N
Letter At,ie' hSJel' -l!7' hnF3l' ~ D. ~
DI'NiF ."i@S, i'l'na' 1r9 iH4'5' nv - N"'p'
8iskei MISS Belle brown Mrs Easter blacAouTn'
ME- hSa. ,-.. il, c,
rosa A.. ri,
D'-6Drkson; Mrs. ~ Dyson Mrs. Thomas
~ 1'-I IIEr'Een J. arS Wn . ,n-...
H--Iiau' MS, MARY Iinh1' MISS LOUIS
2;-J2nes, Af5: ,r..n,. r., NJ y,
messy Nls9 M''1'7' h'4'"' "'' -'"''"' Ne'
I'Ti NoIa A.. M.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22
Marion Criminal Cour!

Hon. Pierce Norton, Judge
State KS. Nathan Borcnstein; grand larceny
and receiving stolen goods. On trial by jury.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22
The Readers of the in Car-Ranks.

A Buffalo man of a religious turn of mind, who
is as well an observer to what extent the little
black-covered Bible, usually found in passenger
coaches. is read, says: "In my sixteen years of
almost daily travel on railroad trains in all parts
of the United States, 1 have made a study Of the
habits of the travelling public. From what l
have observed in that time 1 should say that
only about 4 per cent. Of all the people who
travel read the Bible while en- route. OF that
proportion women compose the largest part.
Ministers and literary men read Ii it largely, the
latter sometimes to the neglect of the current
train literature. Commercial travellers, as a
class, do not disturb the book from one years
end to the other. have noticed the country
folk, especially when they are on long journeys,
ment of them it is beautifully so. Fashionable
young people of the cities never read it. There
are a considerable number of Bible-reading
trainmen. They generally carry their own
bOOkS y
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22

ADVERTISED LETTERS.

TNHE FOLLOWING IS THE LIST OF LETTERS
| remaining unclaimed at the Indianapolis p1stof-
fee on SATURDAY. March - 1854 Persons VIII please
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-22
SALE OF STATE LANDS.
STATE OF INDIANA.
OFFICE OF THE AUDITOR OF STATE.

Notice is hereby given that in pursuance to the pro
visions Of an act entitled An act authorizing the sale
and Conveyance of certain lands belonging to the
State of Indiana, and disposing of the proceeds; there
Of, and providing for the recovery Of thS possession
Of any lands Of the State ~unlawfully occupied, and for
the rent Of any of the lands of the State until sold, ~
approved March 7, 1888, L will offer for sale, for
cash, to tire highest bidder, at the Courthouse door
in the town Of kentland, in said State. at from 10 Il.
IN. to / p. IN, on Saturday. April II, 1SSl, the fol
ty. and belonging 10 the State OF Indiana, and au-
thorized to be sold by said act.
Part of Section. Sec. Town. Range, Acres. Apgr-,mnt,
S 3S or Or {" Of +" ne "a qr....5 5S@ 9ww 20 800
Sc or Of NV Or Z 2Sn 9w 40 SOU
Sw Or of aw Or 2 28n 9w 40 500
Ne or Of Sc qr....12 29n 9w 40 200
Sc or of Sc qr...-I2 29n 9w 40 $50
Sw or of Sc OLD 29n 9w 40 $50
Sc Or of sW qr.--12 29u 9w 40 200
These are known as Escheated Lands. The title Of
the State IN them was affirmed by the supreme Court
during the May term. 1881. See II Ind. 253.
Also the following:
Part Of Section. Sec. Town. Range. Acres. Apartment.
Sw Or r. Of # sm Or 4 3 90 n 3w 40 $IIfG99
Ne or of ne qr...l7 29u 9w DO 40
Sc or Of ne dr...17 29n 9w 40 40
This land was donated to the State Of Indiana by an
act Of Congress, approved February %, 1854. and
are known as University Lands.
No bids for less than the ap~prajSement will be re
A II. RICE, Auditor of State.
IndianaDolis. March "A. 1854.