davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee., 1888-09-16

WE are threatened with q spontan-
eous eruption Of electric motor and q
forest of telegraph poles and over
head lines along the route of the motor.
Nobody will object to street car compe-
%tition, but the overhead motor wires
should not be tolerated on the business
streets, which are already covered by a
network of pole lines,
Omaha daily bee., 1888-09-16

it comes, the people manifest their
wonted Indifference. There could hardly
be anything more saddening TO contem-
plate than the fact that there are in the
country to-day perhaps not less than
half a million children who are receiv-
ing no instruction in the public schools
because those who should have made
provision for them have failed in their
.lAnAn.
Omaha daily bee., 1888-09-16
Mr.. CleyeIand,s Letter.

The Boston Herald Gnd.) cannot see That
anything has been gained by the delay.
The Boston journal (rep,) thinks the line
or two devoted TO civil service reform may
appear a meagre mention 10 the genuine re-
formers, but it gets considerably more room
in the message than it will get in the demo-
cratic part of the campaign.
Springfield Republican Qnd.): The presl-
Omaha daily bee., 1888-09-16

THE death of Richard A. Proctor, the
we'll known scientist, makes a void in
the world OF science. Prof. Proctor
was an indefatigable worker in the field
OF science and more especially in the
realms Of astronomy. He was an emi-
nent author and possessed the ARE fac
ulty for popularizing the study of as
trOnomy, which to most people is a
sealed book.
Omaha daily bee., 1888-09-16
A Slight Acce,eration.
Kansas City Times.

The papers announce that Miss Emma
Abbott is on her western way with no end OF
new gowns and a slight acceleratiou of her
trill. Presumably Miss Emma is as honest
as ever, for she has brushed the cobwebs
from her familiar repertoire and will be
Omaha daily bee., 1888-09-16
Would Also Find Free Whisky.

Davenport DeWOcFul-bdzttt'
General Clinton IS. Fisk will devote the
next three weeks to cold water campaign
work in Michigan and other western states,
fhc general ought to visit Iowa. He will find
that Davenport has the best supply OF pure
water of any city of its size in the country,
and hat more of 1t Is used here daily than in
many cities of double our population.
Omaha daily bee., 1888-09-16

ON THE Goth of September, when the
equinox sets in and the congressional
convention Is set in motion, We are
liable to witness a lively disturbance of
the political atmosphere.
Omaha daily bee., 1888-09-16

OMAHA's prospects for q prosperous
fall trade were never better. The job
bling trade is already very active and
the retail trade will keep on improving
from day to day as the nights grow
Inn ppr.
Omaha daily bee., 1888-09-16
The Gard for congressman.

Congressman may secure an odd vote here
and there by a judicious distribution of seeds
among their constituents, but the right thing
to plant for votes are public buildings,
Omaha daily bee., 1888-09-16

IF Mr.. Blaine goes to the Pacific
slope he may be induced to take in
Omaha. He would drawa bigger crowd
in n day than Sebastopol drew during
the whole fair week.
Omaha daily bee., 1888-09-16

AS the lst of October approaches peo-
pie in these parts are beginning to in
quire how much it will cost for man and
beast to cross the new wagon bridge
over the Missouri.
Omaha daily bee., 1888-09-16

and the wicked will for a time at least
rest from their Sunday labors.
Omaha daily bee., 1888-09-16
They Have Heard From Maine.

Black Hills Times.
What has become of the men who, a few
weeks ago, were offering to bet large sums
of money on the election of Cleveland 2
Omaha daily bee., 1888-09-16

heard as OF yore in the maddeniugly intoxi-
eating melodies Of "Trovatore'' and the
Bohemian Girl" She will invade these
precincts NJ an early day.
Omaha daily bee., 1888-09-16
A Very Satisfactory Opinion.

Burlington H1lpfeUe.
Mr.. Cleveland hold back his letter until the
very morning of the Maine election. Then
he published it. And then the voters OF
Maine gave their opinion about it.
Omaha daily bee., 1888-09-16
THE DAILY BEE.
sworn statement OF Circulate
state OF Nebraska

Sworn to before me and subscribed in my
presence this 18th day Of September, A: ID 1888.
N. p. FELL. Notary Public.
state of Nebraska, t..
County of Douglas, 80"
George u. J2schuck, being first duly sworn.de-
poses and says that he Is secretary of The Bee
Publishing company, that the actual average
daily circulation OF The DAILY BEE for the
month of September, 1887, was l4.a9 copies; fol-
October, 1891, l4,sB copies; for November,
1857. l5,22G copies; for December, 1887, 15,0il cop
les; for January, 1883. L., 9G copies; for February,
1879. IL. ~ copies; for March, lsSS, 1869 copies; for
April. 1889. 1874 copies; for May, 1873, 1S,lSl
copies; FOR June, 1873, 1928 copies; for July, 1888,
1S,Ugj copies; for August, 1883, lS,ls3 copies.
GEO. n. TXSCHUCk.
Sworn to before me and subscribed in my
presence this Sth day of September, A. D.. 1883.
N. 7. FELL Notary Public.
Omaha daily bee., 1888-09-16

A NOVEL question regarding the
rights to citizenship come up recently
before the United States circuit court
for Oregon. The facts in the case were
as follows: A boy born of Chinese
parents in this country was sent to China
with his mother and upon his return TO
America after solue years was denied tho
right to land as he had no certificate of
prior residence as required by law. The
case was finally appealed to the United
States circuit court on the ground that
he was a native of this country and that
his residence in China for an indefinite
period did not eXpatriate him, nor
amount to a remuneration of citizenship,
since such a right can not be renowned
by the parents of u minor. The court
held that the point was we'll taken, and
sustained the appeal by allowing the
child to land. 1t would con sequently
follow that this Chinese boy is II citizen
of America. On reaching his majority
he will have the right to @ xercise all the
functions of American citizenship.
Omaha daily bee., 1888-09-16

An Austrian Prince Dead.
VIENNA, Sept. 15.-Prince Johann AdolphI
aged elghty-nlne, Is dead.
Omaha daily bee., 1888-09-16
The Autumn Equinox.

The leaden skies and chilly winds
bring to mind the poets familiar re-
frain-''The melancholy days have
come, the saddest Of the year" We are
at the threshold OF the autumn equinox,
when nature begins to rapidly shed her
garment OF green and the harvest moon
looks down on meadows brown and
seer" Already the leaves are Begin
ming to change, and soon the woods
will be gorgeous with the many tints
which autumn dyes. Five days hence
length, and thereafter this. "goodly
planet, the earth" will pursue its way
more in the darkness than in the light.
This is q period in the year which not
only has its important function in ma
lures work, but a moral influence on
humanity. This is a warning to prepar-
alton, in the foretaste it gives OF what is
beyond.
We shall have some days of storm
gloomy, d~isagrceable, tedious days--but
they are eve many here, and we a
bear them in patience in anticipation
OF the glorious days that will imme-
diately succeed them. There is no
other portion of the country, we be-
lieve, where the season known us SIN
dian Summer" is more prolonged or
more delightful than here. Beginning
ordinarily about the close OF September
it continues from four to six wee ks,
with rarely an interruption, of the most
beautiful and enjoyable weather that
can be imagined. Welcome, then, the
sunless and stormy days that are the
chcerless prelude to a season whose
bountiful beauties are not surpassed by
those of any other period of the year.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-25
CONSISTING IN PART OF {:

bacesa
otherwise improve any g n from long experenc
andso lin compel lie lie
The new Bggi madetO frmg ifca-
TObef fl happyyOu nusOw oneO these
the marke
6 6e Haze can Itach-
otkup oin gjnod OrgOtngd Oumh
honor
/ the shade
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-25


seq an good
Rick Island Co.'s
ALA
I hi 8 he bane o
elnames tee tooth wHcox Hn
ste Hay
eHay &c Carriers andEI
Vct other Hay Freezes
and Grinding nnsandP Powers.
geandF
he Nation hTubev Fntrgs nBarbvHr
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-25

Nevada Wyoming
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-08-14
Afternoon.

Re-assembled al l o'clock. A quorum
was had at | IL.
THE ELECTION BILL.
The House went into Committee of the
Whole, Rep. F. Brown in the chair, on the
Election bill.
A commission, consisting Of the Hons.
w. R. Castle, F. H. Hayselden and J. E.
Bush, was appointed by resolution Of the
Legislature of 1885, adopted September
18th, to revise the election laws of the
Kingdom Noble Castle presented the
report of the commission on the 9Th of last
June with draft of a new election law.
This new bill was referred 10 special COM
mittee, June 18th, consisting of MOBILES
Castle and Smith, the Attorney-General,
Rep. c. Brown and the Minister of the In
terror. Upon Noble Castle being elected
President, June 22d, Noble Hitchcock was
appointed, in his stead, on the election law
committee Special committee reported
with revised and amended bill, on the
18th inst.
The revised bill was taken up section by
section.
Sections /, 2, 8. s, 6, 7, 8, 10, IL, u, ID,
Il, Is, 20, p, %, %, "a, p and % passed as
Section was amended by changing
Island of Kauai to Islands OF Kauai and
Niihau.
Section IA was amended by inserting
"Wailuku District and" instead of the
word ''crest" in line 10; striking out the
words, "of HamakuapokO and Haiku
lands" IN lines IL and IA, and inserting in
place of them the words, q and west of
Aaleakala Gulch; also striking the words
and Honuaula" from the 14th line.
Section Is was deferred.
Section 10 was amended by inserting in
line 8, the words, . Puanaiea Point to and
including" instead of land excluding
Kalalau to and excluding" in line z,
" Puanaiea Point" instead of " Kalalau."
Section 10 was amended by substituting
hold office" for " continue
Section % was amended by adding to it
the words. provided, however, that the
requirements of being domlciled in the
Kingdom for one year Immediately pre-
ceding the election, and of knowing how to
read and write, either the English, Ha-
waiian or some European language, shall
not apply to persons residing in the King
dom at the time of the PRONUNCIATION OF the
Constitution, if they registered and voted
under the first election which was held
under the same"
Section 26 was amended by striking out
all the words from and including pro.
vided" in line 2 to and including " same.
in line s.
Section % was deferred.
Section 30 had verbal amendment en-
tered.
RESOLUTION.
Minister Thurston moved that the tax
assessors and collectors bill be special
order for Friday. Carried.
INVITATION TO A BALL.
The President read an invitation 10
members TO attend ball at the Hawaiian
Hotel on Friday evening, to be given in
honor of the Captain and officers OF the
L. S. 5. Omaha.
The Clerk was, on motion, directed to
acknowledge the communication, with
thanks.
At 4:35, the House adjourned to 10
O'Clock, Friday morning.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-08-14

members having no high mountains in
their districts will be applying for the
building of towers for their constituents to
get up to see the sun revolve its course
trough the sky.
Noble Richardson moved the item read /:
improving the road from Makawao to
kaupo and Kipahulu by way OF Halea-
kala, 5000. Lost
The item, as moved by Noble Baldwin,
was inserted
The Committee rose and the House re
sumed
BILLS READY FOR APPROVAL.
Minister Austin reported three bills pre-
sented to the King for signature
ACTS APPROVED.
Minister Austin reported the following
i've Acts signed BY His Majesty:
To re-establish the Commission for the
Settlement of Boundaries.
To amend Section l9l Of the Civil Code,
as amended by Chapter XVI. OF the laws
OF 1885, relating TO water rates.
To amend Section OF Chapter XI. OF
the Penal Code (relatIng to seduction).
To Prohibit the Collection OF Tuition
Fees in certain Government schools.
To authorize the establishment of select
schools il this Kingdom and to authorize
the collecting of tuition fees therein.
The House adjourned at Los to 10
O'Clock Thursday morning.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-08-14

Court in regard to the application of
Luhau for letters of administration,
we think was not applicable to the
evidence produced by the defendant,
and could not have prejudiced him,
for we do not find that there was
evidence in the case on which it
could be seriously contended, that
there had been an adverse possession
for twenty years.
1t is evident to us, that the jury
found the verdict they did, viz: one
half of land for plaintiff, on the
theory that both of Polani's 1.-THE pa
tentee's) parents survived her, and
that plaintiff inherited from Kane
akua (w.), Polani's mother, and de-
PENDANT from Kamoa tk.), Polani's
father.
There was no evidence whatever
Of any custer. Kaia vs.. Kamaili, 4
Haw. 352, is a case in point.
The evidence in that case showed
that the plaintiff and defendant were
co-heirs and tenants in common, and
that the plaintiff had never been
ousted by the defendant: the Court
charged the jury, that if they so
found, the statute of limitation would
not run against the plaintiff: the
jury rendered verdict for the de-
PENDANT for the whole estate: the
trial Court set aside the verdict and
ordered judgment for plaintiff for
one half of the estate non Obstante
psredictO.
Held, no error, as the evidence was
conclusive that there had been no
custer and that the plaintiff and de-
PENDANT were co-heirs."
In the case at bar the jury must
have found from the evidence, that
the plaintiff and defendant were CO.
heirs, and that there was no distinct
custer shown, consequently the pos
session of one was the possession OF
the other
The exception to the verdict as
contrary to the law and weight of
evidence must be overruled, for we
find the verdict is fully sustained by
the law and the evidence.
Exceptions oYerruled.
F. NJ. Hatch for plaintiff; W. A.
Kinney for defendant.
Honolulu, August 7, 1888.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-08-14
Sixtieth Day.
THURSDAY. Aug. 8

THURSDAY. Aug. g.
The House met at 10p'clock, the Presi.
dent, Hon W. R. Castle, in the chair Alb
sent; Ministers Green, Austin, Thurston
and Ashford; Mobiles Robinson, Dowsett,
Young, Jaeger Smith, Townsend, Bald
win, Bailey, Campbell, Widemann, Makee,
Wilcox, Bertelmann and Dole; Reps,
Hustace, Dowsett, Kalaukoa, Kauhi,
F. Brown, Kinney, Mcguire, Kauhane,
Paris, Daniels, Horner, Gay and Nakaleka.
REPORTS OF COMMITTEES.
Rep. Kawainui reported two bills
printed.
Noble Richardson read the report of the
committee appointed on the Protection OF
Fish bill, recommending amendments.
Laid on the table TO be considered with
the bill.
LEAVE OF ABSENCE.
Rep. C. Brown asked leave of absence
for two weeks. Granted.
QUESTIONS TO MINISTER.
Noble Richardson asked the following of
the Minister of Foreign Affairs:
l. Has any complaint been made by the
japanese Government through its repre-
Sentatives as to the japanese being ex-
cluded from the right to vote for repreSen-
tatives to the Legislature?
g If so, what answer has been returned
to such complaint?
3. VIII the Government lay copies of the
correspondence on the table?
ORDER OF THE DAY.
Pounds, etc.-Third reading OF the bill:
to amend and consolidate the law relating
TO pounds, estrays, brands and marks.
Passed.
Bail.--Third reading of the bill: amend
ing Section of Chapter L. of the Penal
Code relating to bail. Passed.
Opium.-Third reading of the bill: 10
regulate the Importation and sale of opium
in this Kingdom. Referred back to En-
rollment Committee to be re-translated.
Recess. at II so, one hour.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-08-14

August lS, the daily sessions OF this House
commence at 9 O'Clock a. m. Adopted.
ORDER OF THE DAY.
Security for Depositors.-Third reading
of the bill: to give greater security to de-
positors in the Hawaiian Postal Savings
Bank. Passed.
Tax Assessors and Collectors. Second
reading OF the bill, introduced by Minister
Green, July q, to amend and regulate the
law relating to the appointment and tenure
of office of tax assessors and coll -ctors, and
the assessment of taxes. Taken up section
by section, with the report OF select COM
mittee, 7th inst, thereon.
Section divides the Kingdom into four
districts, ~ O4hu, ~ Maui: Moiokal,
Lanai and KahoolaHe, (3) Hawaii, a.
Section 2fe9uires the appointment, on
or before April /, 1889, of an Assessor OF
taxes, for each taxation district.
THE SECOND VETO MESSAGE.
The following was delivered to the Presi-
dent by messenger from the King, and
read to the House:
To the Hon. W. R. Castle, President of the
Legislative Assembly of the Kingdom,
Sir,-The bill entitled " An Act TO regu-
late the keeping of books of account by
wholesale and retail license" has been sub
united for our approval, and / return the
same without Ny Signature for the follow
ing reasons:
Firstly. Section H. of the Act is in con-
travention OF Article 18th of the Constitu-
ton.
Secondly The Act is in contravention
of Article 18th of the Constitution.
Thirdly. The Act subjects persons TO
penalties for dereliction which it may not
be in their power to avoid. Such an Act
Is not only unreasonable and impartial,
but oppressive and in restraint of COM
merce.
Done at our Palace at Iolani Hale on
this 7th day Of August, A. D., 1888.
kALAKAUA REX.
Laid on the table 10 be considered after
the special order of the day.
ORDER OF THE DAY.
Resumed consideration of the tax as
SCISSORS bill, at Section 2.
Noble Smith moved to amend by adding,
after the word Cabinet" in line l, the
following: upon the nomination in
writing OF a majority of the Mobiles of each
taxation division"
Noon recess, one hour,
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-08-14
Supreme Court of the Hawaiian ISL
ands--Ln Banoo. July Term, 1883.
j. S. MARTIN VS.. L. B. KERR.

appeal from tie decision Of Dole j.. Ocer-
ruling defendants demurrer.
BEFORE JUDD, @. j., M'oULLY, PRESTON, B1cK-
FRToN AND DOLE, u.
Opinion of the Court by PREsTONJ.
This is an action of assumpsit to
recover damages for the alleged
wrongful dismissal of the plaintiff
from the service of the defendant,
and for wages due at the time of
such dismissal.
A demurrer was fled by the de-
fendant which was sustained, and
the plaintiff had leave to amend his
declaration, and he accordingly filed
certain amendments.
We will, at the outset, take the OPP
portunity of saying, that we think it
is improper for parties to file so-called
amendments to declaration, merely
stating that the plaintiff amends his
declaration by inserting the words
sin writing" after the word "prom-
ises," and so on, as was done in this
case. It compels the Court to read
through long pleading, and to refer
to the amendments, which is very
embarrassing. Where, as in this case,
there are several amendments, the
proper course is to file an amended
declaration.
When, as sometimes is the case,
the amendment is only in word or
two, the amendment may be made on
the original declaration and noted
by the Clerk in the margin as allowed
by the Court.
The defendant demurred to the
declaration as amended.
The demurrer was argued at the
last April term before Mr.. Justice
Dole and was overruled
The defendant appealed.
We have been at considerable
trouble in endeaYoring to arrive at
the true meaning of the declaration,
which seems to be framed in total
violation of all rules of pleading,
overloaded with irrelevant allega-
tions, verbose, and calculated to EN-
barrass the fair trial of the cause.
We have, after considerable doubt,
arrived at the conclusion that cause
of action can be gathered from the
allegations in the special count, i. e.,
an oral contract made on the third
of April, 1887, for service for one
year, at salary of two hundred dol
lars a month, and a wrongful dis.
missal at the end of nine months.
This might have been stated in a
few lines.
If we are correct as to the meaning
of the plaintiffs claim, and we can
uphold the declaration upon no other
view, all questions as to the alleged
inducements contained in the de-
PENDANTS letter, the plaintiffs travel
ing expenses and other claims made,
cannot be gone into at the trial, and
he will only be allowed to recover
such damages as would necessarily
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-08-14
Oahu College & PunahOu Pre-
paratory School.
HONOLULU. H. L.

N " n " Ii ~ Il i
Fall Terms opens Monday, sept. 10, IS
The faculty at Oahu College will be cousti-
tuted as follows:
Rev ". Z. Merritt, A. B., Yale College
President-Mental and Natural Sciences.
Prof A. b. Lyons, a. NJ, NJ D.. Wilhams'
Col ege-Chemistry aud Natural Sciences
Rev A. d. Bissell, A. B e., Amherst College
Instrumental and Vocal Music.
Miss NJ. Ella Spooner, Mt Hoiyoke Seminary
Latin and English Literature.
Miss Il. E Cushman, A. B., Oberlin College
Greek, Mathematics and Rhetoric
Mrs. l.. d. Primey-trench, Mathematics and
English.
These are all successful teachers who have
had experience in their respective departments.
The faculty at the Punahou Preparatory School
will consist Of the following well known sue
cessfu teachers:
Miss N. j. MAole-Principsl-1st and Cd
Graues.
Miss Margaret Brewer--3d and 4th Grades.
Miss 4. b. Snow 9Th and 9th Grades.
Miss Helen 5. amberlain-7th and sth
Grades.
The Boarding Department will be under the
same management as heretofore, and the
Trustees are confident that il offers better prt-
vileges DIS q school house than can be obtained
elsewhere for the same mOnev.
It is desired that early application should be
made for all intending 10 enter either school,
l23U-4t
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-08-14

flow from the alleged wrongful dis
missal.
We see nothing, except unneces-
sary averments, Objectionable in the
second and third counts under
which counts the plaintiff can re-
cover whatever wages might have
been owing to him on the thirty-hrst
December, the date of the alleged
wrongful dismissal.
The order overruling the demurrer
is affirmed and the appeal dismissed,
but as the Court has had consider
able doubt upon the matter, there
will be no attorneys fees allowed in
the costs.
Ashford g. Ashford for plaintiff !;
A. S. Hartwell for defendant.
August 6, 1888.