davidaulloa/AmericanStories huggingface dataset:
Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1885-03-19
Request Declined.

WASHINGTON, March 1O.-The Secre-
tary of the Interior has received telegram
from friends OF Berger. who was elected
from the Papago Indian reservation, Ari-
zoba, requesting the withdrawal of the
United States troops from the tract in dis
pute. The Secretar, declined to grant the
request. and decla.es that the matter must
remain in statu quo until action is had by
the United States Court upon the govern
nent's appeal from the decision of the Ter
ritorial court in Berger's favor.
Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1885-03-19
THE STATE OF MONTANA.

Speech Of Speaker CdllawsY H Inc House Iolai RtO-
luton for lhe Organization under The COuRsllu-
il9a Of ihe slate Of Montana, and the Elsc-
lion Of REPRESENTATIVE and Two Ssla-
igy 10 OCOngeS- Delivered BstTs The
House Of Representatives Of the
Montana Legislature Karth
10. 1886
Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1885-03-19

WASHINGTON, March 12.-The values of
exports of breadstufis for the eight months
ending February II, 1856, were SiOs,760,-
l35, against Sl1O,3s3,674 for the same
period in 1884 values of exports of domes-
tic cattle, hogs, beef, pork and dairy pro-
ducts to February fss5, s., ,421, SIS, against
81, ,955, 500 for the same time in 1854 for
the two months ending February %, 1855,
S19, 1851 ,136. for the same period in 1854
S16,Oi6,611. Beef and pork products for
the four months ending February 2s, 1855,
$50, ,ls7, $50, against So, l99. .422 for the same
time in 1854. Dairy products for the ten
months ending February -. lss5, Sl3,-
643,420, against sl4.sl4,7l6 for the same
time in 1854
Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1885-03-19

NEW YORK, March 12.-The Northern
Pacific company asked the stock exchange
70 list 81 ,562 900 OF first mortgage land
grant gold bonds issued on 62l miles OF
new road. The total amount issued is Si9,-
$4,000 on ,995 miles of road.
The Hawaiian gazette., 1885-03-25

I N me deed 1s that the payment Of S62 ,540.02
is the balance appearing III favor of Messrs
Hackfeld & Co, but said account current and
the payment of said last named sum on account
thereof "are not to be taken as final" and
any disputes arising &c, are to be referred to
arbitration. No question is here made Of the
right Of the plaintiff to sue at law to recover
these sums in default Of submitting the matter
to arbitration.
The previous agreement of 10th January be-
tween Hornor and Macie in which H. Hack
field & Co join, is not so specific. 1t would,
doubtless, when considered alone, not bear
the Interpretation that liabilities Of the XII
lauea Sugar Co, incurred prior to LIST July
1883 were to be borne by II. Hackfeld & Co:
for the payment Of S62, 94O.O2 is subject only
to correction by adding drafts dated from and
after LIST July 1888, to the amount Of $500,
or thereabouts and by deducting the proceeds
Of some 1868 bags Of sugar; about $4,000.
The views of the Individual members of the
hrm Of II. Hackfeld & Co who testified as 70
their understanding Of the final agreement cor
respond well with the language used in this
agreement Of January 10. But it vas only
an agreement to sell and was succeeded by
she formal instrument Of sale Of January Is.
The Hawaiian gazette., 1885-03-25

This was their final act and must determine
the rights Of the parties. The language Of the
deed is plain and unequivocal and free from
ambiguity and must he interpreted by the
Court according to its own terms, having no
reference to the parol evidence which was Of
fered showing different underwriting by
some of the parties.
The release, executed contemporaneously
excerpts from its own operation, "such matters
pertaining to the book debt due from the XII
lauea Sugar Co, to II. Hackfeld & Co, from
and after the LIST day Of July 1888, aud such
awards as may hereafter be made between
81. Hackfeld Il Co and Macfe in conformity
with the contract Of sale Of January Is Thus
the right which Macie reserved to himself in
the deed Of January Is to recover sums paid
by him in the settlement, being indebtedess
OF the Kilaned Sugar Co. existing prior to
July Isl 1888 was excepted in the release
and he has not. acquitted it 10 the defend
ants
Having no doubt as to the principles of law
involved, l think judgment must be entered
for plaintiff for the sum declared on as set forth
in the bill of particulars as far as aud includ-
ing the item 'Keska Sl49.50'' IN all amount
ing to S6729.46.
OF the remaining items, disalluw ERROR
on Invoice Dec. SIS" as being no error; also
item paid Cecil Brown SIS of which there is
no proof; also order No. lI9 paid by G.. W.
Macfarlaue & Co. fOs $40 and not recover
able in an action for money had and received
by these defendants.
lnterestis allowed at per cent per annum
on all items from time Of payment OF each to
August lst, 1888, and after this TO the 10th
january 1884 at S per cent. per aunum, this
being the interest which was charged TO and
paid by the plaintiff in his settlement; and also
Interest on the whole sum recovered at per
cent. per annum from the date OF demand
which is July 81, 1884.
The bill Of particulars also claims items
amounting to $500, being fees paid to counsel
by H. Hackfeld g. Co. subsequent to LIST July
1888 and claimed by plaintiff as being i'm
properly chargeable to tie Kilauea Sugar Co.
The case was bill in equity by r. A. Macfe
Jr. vs.. Horner and the Kilauea Sugar Co., its
object being to compel Homer as the holder
IT. f1..i.k l. -
The Hawaiian gazette., 1885-03-25

lulS ~ butu pdAt
or says anything
other, the discle
edge which one
as TO those fact
necessary to thew
is 10 breach of
one party will 4
edge, as to fact
the observation
within the reach
because neither p
fidenee, unless il
quired. Each on
for himself, and
haps, presumptuo
his own knowledg
common law afort
protection against
not 60 to the roma
uiiy against the CO
folly, or a careless
and accessible mea
Com. 4si.
The possibility @
ness of ice makii
which all business
Sass had caused to
BuHefi,, Of 81 Ma
il ending with 4
leaves by the 8ipa
sary machinery
Pomeroy saws,
Jur.) that a broatle
facts rest upon the
"lu ordinary cunir
ciary relation exist
express or implied
nected with the yer
posed ON the vendor
lug with each otht
purchaser is presu
sonable opportuniti
facts as any other
have had, then tn
stated applies; no 4.
facts known to hims,
his failure to disclos
cealment."
There was no fdut
tween Ellis and W
evidence that Wilcox
dence in Ellis in this
this being the case, 7
by Ellis important,
offer to get rid Of |
would he taken. T
length. Wilcox was
and was, so to speak,
Mr.. Justice Story
204) in speaking of u
presto Ue,-i, DIT is
even of facts mater
party which will emf
ton of a Court of
amount 10 the suppre.
party, under the cir
conscience and duty
party, and in respect
Gently be silent" Al
question is not wheth
taken, which in poin
which a man Of delica
But it is essentially !
aside the transaction
advantage should be
there should be som,
to make the discover
true definition, then
which amounts to fra
of Equity, and for W
is the non disclQsur,
cumstances which o
legal or equitable oil
to the other; and viii,
not merely in 6oro
ji,re to know"
And l gather from
sale of goods is no
vendor has actual J
sources of facts or
extrinsic circumstan
other party, which n
the goods. Story say
is not equally accessi
will not relieve, if
confidence. Id. Sec.
Organ 2 Wheaton Ia
% Pick. 4s.
The rule as l have
qualification; for if
suggestion or represer
ton becomes tainted
On the ground of III
fore, l think the bill /
In regard to the sta
was good, marketable
that this was a mere
such is not relievabl
this case, the parties
other upon equal term
l pass now to the
which relief is asked
Wilcox testified tina
on the value Of the stC
sidered it a first rat
not sell at less than D
being President (of til
Of the stock. He sale
have risked the offer !
if he had known tha
fusing to sell at pa
cause others to lose b
Mr.. Wilder testified
stated that any stocks
good he should keep
was not good he wo,
with it, and this apr
Honolulu Ice Co.
Mr.. Ellis in his ans
% Mr.. Wilcox that "
par and refused TO sci
he answered Wilcox's
shares were, that they
COX asked: care 70,
lud do you not think j
ess than Ss52' Ellis
'ell for Wilder but ths
o sell for less than pa.
Mr., Wilder says fnri
o sell any of his SIN
eInember if Ellis offs
te may have asked N
have never sold any
Ii seems to me that
The Hawaiian gazette., 1885-03-25

...a mus 70 luuucc WILCOX to purchase. Mr.
wilder says that if the opposition started, the
stock in his company owing to the limited
demand for ice in this community, would be
o. no value as an inYestment; but without The
o!PpUsiiiOd it-wOuId pay say 10 per cent; that
he had doubts as 70 the starting of the new
company, until Mr.. Sass returned from Cali
iornia With his machinery for he thought no
man would be foolish enough to start new
ice machine here
Poner0y says (Sec. s7e1 amisrepresenta-
slon ~ order 10 constituie fraud must contain
thefoliowing essential eIements: On lis form
as statement of fact-as distinguished from
a mere opinion. ll2l Its purpose Of inducing
The other party to aet-1the general presumpo
ton being that Misrepresentation has such a
design. (S) Itsuntruth. az The KNOWLEDGE
or belief Of the party making it (5) The effect
OF The representation, i, 9. the belief. trust
and reliance Of the one to whom Il il made
t6) Its naieriality. Aud under (5) The partv
must be justified in relying upon the repre-
sentation. Here the party is not justified IN
relying upon the Representation If lie actnalIv
resorts to the proper means of ascertaininr the
The Hawaiian gazette., 1885-03-25

The plaintiff who is resident Of Dreghorn,
Scotland, claims of Fl. Hackfeld, P. Isenberg,
Il. w. Schmidt, II. F. Glade, j. F. Hackfeid
aud J. Q. Pfuger doing business at Honolulu
under the firm name of II. Hackfeld & Co,
the sum Of eight thousand, one hundred aud
sixty five T7-l00 dollars for so much money
had and received by defendants to plaintiffs
use, according to an account annexed to the
complaint.
The defendants plead the general issue.
The plaintiff introduced in evidence upon
which his case is founded, a proposition in
writing dated London, July 81, 1888 from
y, G, Phuger and Paul Isenberg of the firm Of
h. HaekfeId g. Co, of Honolulu, to r. A.
Macfc, and accepted by him, IN which the
defendants offer tn sell TO Maclie all their in
terest Of every sort in the "Kilauea Sugar
Company" and current account, Including
all debts due US by your son Robert Or. A.
Macfe Jr.) as these stood on the let instant,
for the SUN Of One Hundred and Fifty Thou-
sand dollars &c. Among other things the
agreement recites, "Your acceptance of the
foregoing hands over to you the Isl shares
now held by us and the leasehold interest
appertaining to the half-moiety acquired by
your son. and releases the "Macfe holdings"
entirely from all liabilities anterior to July
LEI, whether by mortgage or otherwise, so as
70 give a fresh, clean START which we will do
The Hawaiian gazette., 1885-03-25

ton Of the partnership, accounting, settle
ment and general relief. The defense sets
up that the plaintiff sustained the rela-
tionship Of an employee only and denies
most OF the acts relied on by plaintiff.
: Upon the evidence of record, after hear
ing argument we are of opinion that the
decree Of the Chancellor sustaining the
plaintiffs bill and ordering relief accord
ihRly, should be sustained. Decree affirmed
Kinney & Peterson for plaintiff; s. B.
Dole d Holokahih for defendant.
Honolulu, March ID, 1885.
The Hawaiian gazette., 1885-03-25
Arriving at Honolulu on
Steamer "PLANTER'
(Ld11nOe)
CAMERON, Commando

Knics Fleele and Waimea Returning. leaves Nawili-
will every SATURDAY evening; arriving back every
SUNDAY morning.
The Hawaiian gazette., 1885-03-25

truth, or when he having the opportunity lot
making such examination he is charged with.
the knowledge he might have had, if he had
prosecuted it with diligence, or when the rep-i
resentation is concerning genersiities equally
within the knowledge or means Of acquiring
knowledge possessed by both parties. Bot
where the representation is concerning facts of
which the party has, or is supposed to have
knowledge and the other party has DO such,
advantage then he is justified in relying upon
the statement. ~
iud note to Benjamin on Sales, Sec. $50,
as follows: "Mere statements of vendor,
either of real or personal property, not being
in the form of warranty, as toits value, price
which he has given, or been offered for il are
held to be immaterial," citing: pa
Medbury VS.. Watson, 6 Met. 259.
Brown VS.. Castles, Il Cush. $50.
Veasey VS.. Doton, Allen 3sl.
Cooper VS.. lowering, log Mass. 10.
Money VS.. Miller, l02 Mass. 2l7.
Williams VS.. Randall, GO Ne. 81.
Conner VS.. Perkins, l23 Mass 43I. o.
"But the utmost limit of this rule has been
reached in applying it to statements Of the
price paid by the person himself" | \
In this note leading case in Massachusetts,
MedbNry US; Watson, 6 Met. 246, is incorrectly
nAdtCu az du duhuOAitl ~ lU6 NleN lDaI
an action for false and fraudulent representa-
tons as to the price paid by third person for
the property in question, can be maintained.
careful reading of the case will show that
an action of trespass on the case was brought,
not against the vendor but against third per-
son who made the false representations and
the Court say that naked assertions by the
vendor, though known to be false are moi &C.
tionable, When vendor OF real estate afirms
to the vendee that his estate is worth SO much,
that he gave so muct for it or has been refused
so much for it; such assertions though known
by him TO be false and though uttered with a
view to deceive, are not actionable They are
the mere affirmations Of the vendor, on which
the vendee cannot safely place confidence and
will not excuse the neglect in not examining
for himself and ascertaining what the facts
are, and what credit is to be given to the as
sertions." This is qualified later on and the
Court say that, fraudulent misrepresentation
of particulars in regard to the estate, which
the LuYer has not ennal fIaaan-. 81 81. = :
The Hawaiian gazette., 1885-03-25
Ridge House.
SOUTH K0NA, HAWAII.

THE UNDERSIGNED BEGs To
4 inform the Public thatihis well-known House III
usied Two miles from kealakekua Bay Al an elevation
o. ,51 feet. IL again ready 10 receive visitors.
Horses viii be ready AZ the landing for those who
order them BATH HOUSE In connection with me
establishment. 80 '''e
Hoard ~ per week.
~ Sn A. a. TODD.
The Hawaiian gazette., 1885-03-25
SAMUEL SToNE vs.. B. H. KAHASASUI

Supreme Court OF the Hawaiian IaIa-ds--.
In sAnco. JanuarY Terra 1855.
The Hawaiian gazette., 1885-03-25

ssr1 oeen able to find think the better doc
trine Is that where the false representation of
a material fact, as distinguished from a more
opinion, is made 10 proposed purchaser by
the seller, with the intention that be shall act
upon 1t and be in fact does act upon it to bis
injury, the contract of sale can be set aside in
equity, even though the purchaser could by
olllgent inquiry have ascertained whether the
representation was true or not.
Having arrived at this view Of the law, L
'hink the reliefpraysd for ought to be granted.
Decree accordingly.
a s. Hartwell for plaintiff; F. NJ. Hatch for
Honolulu, March 9th, 1885.
The Hawaiian gazette., 1885-03-25

their exploits. The whole scene was one
Of intense excitement. So much for Ger
tain phases of South Sea Island NE, tne
romance and poetry of which have been
absurdly exaggerated by writers whose
knowledge of a group is confined to a run
ashore.-Fieid.
The Hawaiian gazette., 1885-03-25
Aaltjaiiast Gazette.
wEDNEsDAY, MARCH a5 lss5
Supreme Court OF the Hawaiian islands
In Equity
~ ON KILeoxs vs. .rArG ELLIS.
- 6pisi,,, y ~ da4ksl,or.

This is a bill to declare fraudulent and void
sale made by defendant to plaintiff Of sixty
shares Of the capital stock of the Honolulu Ice
Goa corporation under Hawaiian Laval
$50 per share, and also for an injunction to
restrain defendant from taking out an execu-
ton upon Judgment for 81 200 obtained 10y
the defendant against the plaintiff at the last
July term of this Court, for the purchase
money Of this stock.
The bill charges that the fraud was accom-
plished by misrepresentation and by The con-
cealmeut Of material facis The Hisrspr esenta-
ton is charged 10 be statements made by
defendant that the stock was good, marketable
stock and first rate investment at the price
offered, and that the President Of the Ice COM
pany, S. G. Wilder. who was the principal
owner of its stock, held it at par (Sl00) and
refused to sell for less.
The concealment is charged to be of the fact
that the stock was unsaleable, and was by
reason of an expected competition in the ice
business, of greatly less value than par.
Taking up FIRST the second point. think it
is proved by the evidence, that at the time Of
the sale of the stock, April 10, 1854, Ellis
knew that the new ice company was about 10
reformed. This is clear from the evidence Of
Mr. Sass, the protector of the company, who
says he told Ellis all about j, just previous 10
his going to San Francisco, about the last Of
March, Also that Wilcox did not know OF it
until he heard of it from Mr.. W. o. Smith, on
April 10, Immediately after his purchase of
the stock.
Was Ellis under any legal obliga-
ton to disclose this information TO Wilcox?
By the authorities he was not. Chancellor
Kent's statement OF the law in this regard is
as favorable TO the plaintiff as any. He says:
'fWhen, however, the means Of information
relative to facts and circumstances affecting
The Hawaiian gazette., 1885-03-25

Appeal by the defendant from Decreeof
the Chancellor, upon a bill in equity,
which alleges partnership between the
parties IN certain billiard saloon business
at Waikiki, Maui, and prays for dissoIa-
The Hawaiian gazette., 1885-03-25
saprems Uo1rt Of the Hawaiian islands,
From the JAnnAry Term. 1855.
R. A. MAcTIE vs.. H. HAcKFEID s Co.

Heard By -oonsef, March }, Issj,-f,e jury being
oaired. OPINION Of Chief Justice JH7d.
The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1885-05-01
HambletOnian Messenger. /.

- A beautiful Bay, very black points,
N%A. and perfect disposition. His fine dis
~Xl position and color are almost invariably
-A>Sz~A~ transmitted to his colts. Weight LOO
lbs; nearly 10 hands high. MESSENGER was
purchased by mo- last November, in Northamp-
ton county, Va, from Mr.. Fred. Wadda, lately
proprietor of a hotel at Onancock, Accomac
county, Va.
MESSING Err will make the season of 1885, be-
ginning Tuesday, April 9TH. 1885, at the Fair
Of the samo place. For further particulars see
hand bills.
GREE,-"Hambletonian Messenger" was
foaled June s, 1875 got by Ajax, dam by Messenr
ger he by Messenger, Jr.; he by. Imp. Messen-
ger. Ajax was sired by Whipple s Hambletonian,
he by Guy Miller he by Rysdyk's Hambletonian,
RECORDS, Ajax2.2S; Whipple's Hambletonian
a264 Guy Miller 2,30,
Rysdyk's Hambletonian was got by Abdallah :;
he by Mambrno; he by Imp. Messenger.
TERMS.-SU 10 insure mare in foal, to be paid
as soon as the mare is known to be in foal SIS
for the season, to be paid during the season. Ac-
cidents to mares at owners risk.
G. A. MCGAW, Owner.
Zap Perryman, Md.
The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1885-05-01
Fine GInthfnn.
Birds are singing,
Flowers are blooming,
Spring has come.

In a few days your heavy win
ter clothing, which was very
comfortable when the weather
was at zero, will be a burden,
and the increasing heat of the
sun will compel a change. 1t
would be wise and prudent
thing, therefore, for you to pro-
vide yourself with a nice SPRING
SUIT, and while my stock is large
and varied, those who come first
have the choice of the best
styles.
Clothing is very cheap now.
Indeed, when one looks at the
varied, beautiful and stylish
Garments on my shelves and
counters, they can not help Won
dering how so much, in material
and labor, can be supplied for so
little money; and yet | sell at a
profit-a small profit, it is true,
but enough to make living if
I can induce you to buy my
goods.
"a My Custom Department
is in charge of an experienced
first-class practical Tailor. If
you are about to get married |
can make you a handsome and
stylish Wedding Suit, befitting
such an interesting occasion. If
you are looking around for a
nice wife, | can make you a suit
that will be irresistible to the
ladies. If you are already in the
bonds of matrimony | can make
you suit which will please your
wife, and if you are a good hus-
band, in pleasing your wife you
will please yourself.
[ have also on hand an excel
lent assortment of Gentlemen's
Furnishing Goods, including
Fine Dress Shirts, 81 and up
wards, good enough for anybody
to wear; Scarfs, Neck Ties, Col
lars, Cuffs, Hosiery, &c.
| would be pleased to see you,
when you come to town.
The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1885-05-01
Crops and Cattle.

The April crop report of the department of
agriculture says the present condition of wheat,
as reported, is worse than in 1883. 1t is II per
cent. against 96 last year and so in 1885 On the
present showing the reduction of yield on the
more than So66oooo bushels from winter killing
and low vitality, in addition to the loss from d.
unfinished breadth
The following is the report from Maryland =
Allegany county-Very little protection; present
condition the worst known. Harford-Little
snow much ice; poor condition. Howard-Pro-
lection brief; plants few and feeble. Kent-Lit-
tie protection condition worst known. Carroll
Covered since latter part of December n5ur-
little. Dorchester-yery little. Talbot-Heavy
covering of ice looks forlorn, Prince Georges
in asy sna 9ohs oaa
Little covering bad outlook. MONTGOMERY
No protection: worst prospect since 1866
winter. Garrett-Weii protected since February
1: plant healthy. but thin. Queen Aunes-Less
a
protection; condition unfavorable. Calvert
None; condition bad.
given as to Maryland:
The condition of cattle is not favorable No
W fg very T aara ar Tn3e
ply of grass in the autumn of 1884, caused them
TO go into winter quarters in poor flesh and con-
tinue so, yet no material losses have occurred in
the State. Pleuro-pneumonia has prevailed in
some few neighhorhoods, and proved serious in
several cases. but from all accountsi 1t is now
eradicated from the State.
While the condition OF sheep is not the best,
generally being in poor condition, yet they have
not been troubled with any serious prevailing
disease. The comparative loss has been not over
1--we per cent among sheep. Dogs have not been
SO destructive as usual. The loss of young lambs
has been very heavy generally, owing to their
looming" in poor condition and feeble, while the
weather has been so severe.
Hogs have wntered fairly without being trou-
b1ed much with cholera or other Epidemic ex-
cept in a few localities, and in restricted num-
hers. This fatal disease Is no doubt often due to
total disregard of the condition and cleanliness
of swine.