davidaulloa/AmericanStories huggingface dataset:
Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1888-04-02

East Rock Line.
GPECIAL excursions made for parties to suit in
= any direction. Parties of six moro from
a locality to East Rock Summit will be called for
and left in any part of the city at usual fare-40
cents round trip. Ask for cards of information at
Klock's drug store corner of Church and Chapel
streets. Respectfully,
feb1 W. H DOOLITTLE, Proprietor.
Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1888-04-02

Sold everywhere. Price, Cuticura, Soc; Soap 25c
Resolvent 81. Prepared by the Potter Drug and
Chemical Co., Boston, Mass.
ey-Send for How to Cure Skin Diseases 81
pages 20 illustrations. and 100 testimonials.
Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1888-04-02
Rea1 Estate-
F0R SALE

FOR SALE,
- The property No. 1,1Q3 Chapel street, near
;'I Park street, being the residence of the late
sssA J ohm Fitch. Lot $4,000 feet Large, roomy
house and good barn. desirable property to oc-
cupy or improve.
Also to rent, House No 159 York street, twelve
rooms, with all conveniences.
Also, two Rooms with alcove, well lighted, on
first floor steam heat, set wash bowl, water closet,
etc.; suitable for doctor dentist, millinery,
dressnaking, ar any other light neat business.
n RFai ist 1884 Chapel, cor. YORK street.
FOR SALE.
- good brick house on Chapel street A
H.:i f1rst-class house Davenport avenue. Two
I'LL houses on Ward street., AID many others in
good localities, on easy terms.
FOR RENT.
And owner Will board with family for
the rent. good brick house, or 10 rooms, hot
water. bath, etc, central, to a small American
family. Possession May 1.
Also number of frst-class houses and tenements
to rent. Cali and see them.
Wanted $4,000 on COED security
Will pay SIX per cent. interest.
NO. 70CHURCH STREET, ROOM 5.
az ONCE open evenings from to 8.
j.. r. COMSTOCk & co.
FOR RENT.
- About May 1, second floor of a new house
Es;J fitted with all modern conveniences, ineud-
Ill ing steam heat. Has pleasant verandahs and
especially desirable for small family; IS minutes
walk from Chapel and Church streets address
G. A. JEWETT,
mario If Drawer II. City.
Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1888-04-02
entertainments.


This is one of the strongest opera compa-
MES travelling and it certainly contains one
of the most popular prima donnas, Miss Susie
Kirwin. The programme for the week is as
follows: Monday, "The Two vagabonds;u
Tuesday, "Grand Duchess" Wednesday.
''The Merry War;" Thursday, ERA Diavolo; d
Friday, "Princess Trebizonde;" Saturday
matinee, "The Three Black Cloaks;" Satur-
day evening, "Grand Duchess"
JOSEPH MURPHY.
Joseph Murphy will appear in ''Shaun
Rhue," the well known Irish drama, at the
New Haven Opera House tonight. Mr.. Muir
ply is frst-class comedian, and he should
be greeted by large audience. Tomorrow
night he will appear in 'The Donagh."
MAGGIE MITCHELL
Miss Maggie Mitchell will play at the Hy-
psrion to-night in "Lorle," one of the strong
est and most beautiful playsin her repertoire
She is one of the finest stars in the theatrical
world, and is one of the best soubrettes on
the stage. Tomorrow night she plays ''Lit-
tie Barefoot u
Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1888-04-02
Tho St. Zoe Rrakemen strike.

ST. JOSEPH, Mo-, April All the freight
brakemen on the Kansas City, st. Joe and
Council Bluffs struck to-day at II o'clock.
They assign as a reason danger to their lives
in working with soab engineers.
Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1888-04-02

a Few Hundred Dollars VIII Sc
euro q Good Home.
- ONEFAMILY HOUSE, 200 Atwater street.
#FEH House and barn, 20 Auburn street. TWofam-
Lily house, No. II Clay street. Two-family
house. $50 Orchard street. All to be sold low If sold
within ten days Also for rent first floor 70 Wool
sey street; first floor 10 Newhall street; 115 Portseo
street, 121 Portsea street, $40 Congress avenue and
second floor 30 Auburn street.
A. M. HOLMES, HOUSE MOVER, OFFICE
80 CHURCH STREET. no1b
Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1888-04-02
DEATHS.

NEWMAN-At his residence on Cedar Hill avenue,
April 2 Roger Newman.
Notice of funeral hereafter.
PORTER-In this city, March 80, Sarah NJ. Porter,
aged 50 years.
afternoon at o'clock.
only son of Robert and jennie Taylor, aged 2
months and "a days
FuueraI Services at ia Adeline street to-day Mon
day at p. m. Relatives and friends invited to
attend.
HINE-In Woodbridge, April. /, Amos Hine, aged
IS years months days.
Funeral will take place from his late residence
Tuesday April 8, at II a. m. Friends are re-
spectfully invited to attend without further
The Hawaiian gazette., 1888-10-16
OPINION BY DOLE ].

The first four questions reserved
are based upon the assumption thai
the Opium Law of 1874, with its sub
sequent amendments, was repealed
by the Opium Law of 1886; 1 need
not therefore consider the question
of the fact of such repeal, and the
more especially as this Court, in the
case of the King vs. Young Tang,
April term, 1887, has directly passed
upon it in the following words:
The part of the Act of 1874, deal
ing with the matter of the posses
sion of opium, is in conflict with that
part of the Act of 1886 which refers
to the same subject, and is to this
extent repealed, as Section IL of the
Act of 1886 enacts that all laws and
parts of laws in conflict with the pro
visions of this Act shall be and the
same are hereby repealed" This
leaves me free to consider directly
the questions reserved.
Section 20 of the Civil Code enacts
that the repeal of any law shall not
be construed to revive any other law
which has been repealed, unless it
be SO clearly expressed" The Act
of 1886 repeats all laws and parts of
laws in conflict with itself, except
ing, however, the law of 1874, with
its amendments from the operation of
the repeating clause, unless the Act
of 1886 should take effect by the
issue of a license under its provis-
ions. This is a contingent repeal of
law, and is consequently uncertain
in its expression. Chapter 20 of the |
Laws of 1887 declares that i" the sew
eral laws and parts of laws" repealed |
by the Act of 1886 are re-enacted.
with the proviso, however, "that, I'M
til the expiration, cancellation, or
surrender of the license granted"
under the Act of 1886, the holder
thereof shall be entitled to exercise
the rights and privileges granted by
the same. This is contingent re-
enactment, and, as statutory declar-
alton, is equally uncertain with the
clause of the Act of 1886
nor does it give defniteness to such
repeating clause except by its tacit
assumption that license had been
ssued under the Act of 1886.
Under this showing of the words
II the statute, l do not find that
here has been clear expression of
n enactment reviving the law of
81, IN accordance with Section 20
# the Civil Code. The operation of
he re-enacting clause was made
ontingent upon a private business
arrangement of citizen, and the ,
'ublic cannot be held to know {
The Hawaiian gazette., 1888-10-16
In the Supreme Court of the Ha-
waiian Islands-In Banco. July
Term, 1888.
TIE king VS.. YOUNG Hone.

BEFORE JUDD CO., M'oULLY, PRESTON, BTcK-
ERroN AND DOLE, u.
Questions reserUed 6y Mr.. Justice Preston.
On the seventeenth of July instant
the defendants appeal against a
conviction by the Police Justice OF
Honolulu for "having unlawfully IN
his possession certain opium or a
preparation thereof" contrary to
Section 3 of the "Act to restrict the
importation and sale of opium or the
preparations thereof" was heard be-
fore myself and foreign jury, when
the defendant was convicted.
At the conclusion of the case for
the prosecution, counsel for the de-
PENDANT requested me to direct the
jury to acquit the defendant on vari-
Gus grounds hereinafter set forth,
which | refused to do, but under the
provisions of Section S34 of the Civil
Code, l reserved the same for the
consideration of the full Court.
The questions so reserved are:
1. The law under which this charge
is made, Chapter Sc of the Laws of
1874, as amended by Chapter So of
the Laws of 1876, and Chapter Is of
the Laws of 1880, being specifically
repealed by the statute of 1886, does
the statute Chapter 20 of 1887 in fact
re-enact this particular law without
specifically mentioning it as being
re-enacted?
2. Is statute once specifically re-
pealed dead? and can it bere-enacted
even by an express allegation that it
is so re-enacted without again repeal
ing the statute word for word in the
new law?
3. Is Chapter 20, Laws of 1887, Ger
tain Tin respect to the statutes sup
posed or attempted to be re-enacted)
to the extent of holding defendant
on a charge under the repealed sta
tutes which are net been specifically
re-enacted by the new law?
4. Is Chapter 20 aforesaid void for
multiplicity in combining a series
and variety of laws to be re enacted |
without specifying what particular
laws are intended to be covered by
or included in the re-enacting Sec
tior?
5. Is Chapter 20 aforesaid uncon-
stitutional under Article n?
All which questions L report and
certify for the consideration of the
full Court.
July IL, 1888.
The Hawaiian gazette., 1888-10-16

Nislondl repeal Dy Inc Act OF 1857
had ever eventuated in repeal.
~ Because the Acts of 1856 and
Of 1887, in referring to the issue of a
license, do not express whether is
intended license to sell opium OF
to use opium.
Where a statute is intended to be
repealed its title is generally inserted
in the repeating Act, and therefore
the repeal of a statute is not to be
inferred from a general and uncer-
tain allusion to it in a repeating Act.
Chegary VS.. Jenkins, 3 Sand. Sup.
q. r. 400. 1t is a universal princi-
pie needing no citation of authority
that penal statutes are to be strictly
construed, and this principle may be
extended from the construction of
statutes to the question of whether
penal statute is in existence by
revivor
Where an Act repeats all laws and
parts of laws in conflict Herewith
without specifying them, there is
an implied repeal of whatever is ir-
reconcilable with the Act.
The same result follows without
general repeating words when a
new law contains provisions contrary
to or irreconcilable with those of any
former law" Civil Code, Section 81.
This is called an implied repeal.
1t may and often does touch many
previous Acts and parts of Acts. It
is a repeal which is implied in the
power of every Legislature to enact
new laws. Leges posteriores prtores
cOntrarias arrogant. The new law be-
ing published makes it obligatory on
all persons to know its effect in all
respects, including the implied re-
peals. But an Act repeating a re-
pealing Act, and in general terms
reviving what had been in general
terms repealed, conflicts with just
principle of legislation which is
adopted by our statute, Section 20 of
the Civil Code, viz: 1.-The repeal of
any law shall not be construed to
revive any other law which has been
repealed, unless it be SO clearly ex-
pressed" In order to clearly ex-
press that an Act is so revived, it |
must be clearly stated what is the |
Act or Acts re-enacted, which cannot |
well be done by less than recitation |
of the title and date of approval.
z. us statute once specifically |
repealed dead?"
Statutes which have been repealed
Except SO far as they relate to trans.
actions already completed under
them) become as if they had never
existed.
Broom's Legal Maxims, p. 81.
Stevenson VS.. Oliver, s NJ. and w.
al.
Surtees VS.. Ellison, 9 B. and G.
752.
The remainder of the second ques-
ion we have partially answered at
he conclusion of the answer to
question one. We are not prepared
o say that after an Act has been
nee published it is necessary to re-
publish it when it is re enacted by
Is title.
The substance of the third and
ourth questions we have treated in
ur reply to the first, and it will be
Unnecessary, in the view which we |
ave taken, to consider the fifth, the t
uesGon of unconstitutionality. ,
We hold for the reasons expressed {
hatthe defendant is charged under t
n Act which is not in legal exist q
nee. r
A. P. Peterson, Deputy Attorney j
General for Crown V. V. Ashford G
)r defendant. S
Honolulu, Sept. II, 1883. {
The Hawaiian gazette., 1888-10-16

whether or not such arrangement
ever took place, or when it may have
taken place.
1 therefore answer the first and
third questions in the negative, and
as these conclusions sufficiently dis
pose of the matter at issue, it is I'M
necessary for me to take up the
points submitted in the other re-
served questions.
The Hawaiian gazette., 1888-10-16
By THE COURT PER Mr.. JUSTICE
MCCULLY.

In answer to the questions so re-
served, or to SO many of them as it is
necessary to consider:
In the case of the King VS.. Young
Tang, April term, 1887, the Court say
of the Act of 1886, Chap. 70: at
would seem that the effect of this
Act is to remove many of the restric-
tons relating to the importation and
sale of opium and its preparations
existing at the time the law was en-
acted.
Zone other person in addition to
those persons authorized under the
then existing law was authorized, on
obtaining license, to import and
sell opium and its preparations for
the term of four years upon paying
the license fee mentioned in the
Act"
The. repeating clause of the Act is
Section IL: "All laws and parts of
laws in conflict with the provisions
of this Act shall be and the same are
hereby repealed; provided, however,
thatshould no license be issued under
the provisions of this Act, that then
and in such case this Act shall not be
deemed to nor shall it repeal Chap
ter Sc of the laws of 1874 as amended |
by Chapter GO of the Laws of 1876, |
and Chapter Is of the Laws of 1880" |
By this proyiso the repeal of the
statutes under which the defendant
IS charged is left contingent upon
the non issue of a license under the
provisions of the Act. There is, how
ever, no authority delegated to the
Minister of the Interior to proclaim
the repeal Of the contingentIy re-
pealed Act.
The Act of 1887, Chap. 20, enacts
that the aforementioned Act of 1885
is repealed, and that "the several
laws and parts of laws thereby re-
repealed are hereby expressly re-
enacted" What is re-enacted must
be something which has been for
mLerly repealed Does it appear that
the statutes of IS74-76 and 1880 were
repealed land are now re enactedlf
1t may be said that the Legislature
assumed this by the proviso which
follows the repeating clause above
cited, that until the expiration, can ]
collation., or surrender of the license !
granted under the Act of 1856. the
holder thereof shall be entitled to I
exercise the rights and privileges Z
granted by said law.
Under the Act of 1856 two descrip- !
lions of license are contemplated. .
for Section says: In addition to | !
the license prescribed by Section 2 of !
his Act, it shall be incumbent .
upon any person or persons desir- h
ng to purchase or use opium that v
hey obtain license from the Mar 3
hal or his deputy-which license $
hall 1t be said the Legislature as u
umed to have been issued? Or how Il
many licenses are unexpired and Il
outstanding? Or is an assumption Il
" the Legislature that any license 20
vas issued sufficient and express a
legislative enactment that certain r,
tatutes were repealed? m
Our Code by Section 20 provides r.
hat the repeal of any law shall not a:
e construed to revive any other law is
hitch has been repealed unless it be
clearly expressed. OF
Upon the foregoing citations it tt
ppears to us that we may hold that al
has not been clearly expressed by Is
Re Legislature that the statutes we of
-e considering were revived by the til
ct of 1887 co
% Because there is no express ar
gislative declaration that the pro- pu
The Hawaiian gazette., 1888-10-16
In the Supreme Court of the Ha-
waiian Islands-In Banco. July
Term, 1888.
FRANCIS GAY AND AUBREY ROBINSON
VS.. WILLIAM MoCANDLEss.

BEFORE JUDD, @. j., M'cULLY. PRESTON, BICK-
ERTUN AND DOLE, u.
The Hawaiian gazette., 1888-10-16

In THE MATTER OF THE ACCOUNTS OF
THE GUARDIAN OF THE MINOR HEIRS
OF CHARLES A. LONG, DECEASED.
The Hawaiian gazette., 1888-10-16

agency. Judge Sawyer, in Craft VS..
the Union Mutual Fire Insurance
Company, 36 N. H., Sc, says upon a
similar point, "They failed to dis
cover this evidence before the trial
only because they made no inquiry
for it, and they omitted to inquire
because, relying on other matters of
defence, they deemed it unnecessary
to make investigation with a
view to avail themselves of this.
Having waived these grounds of
defence, then, they are not in posi-
ton to ask that the verdict be set
aside for the purpose of giving them
an opportunity to try their chances
of success upon them in a new trial"
The motion is therefore overruled.
Upon full consideration of the
evidence, and the points made by
counsel for the defendant, we see no
reason to differ from the learned
Judge who tried the case, and affirm
his decision.
The exceptions are therefore over
ruled.
A. S. Hartwell, for plaintiffs V.
V. Ashford, for defendant.
Dated Honolulu, September s,
1883.
The Hawaiian gazette., 1888-10-16

In the Supreme Court of the Ha-
waiian Islands-In Banco. July
Term, 1888.
The Hawaiian gazette., 1888-10-16

Exceptions from decision, of Dole, J,
The Hawaiian gazette., 1888-10-16

gE!
OAKU,
name Of
Island OF
mt Of al
gned, for
~. here
Gs Of the
Ieir bills.
fst daT Of
FAMED par
payment
IA,
Aku.
Rnees-
I2383t
The Hawaiian gazette., 1888-10-16

BEFORE JUDD CD, M'oULLY, PRESTON, BIcK-
ERroN AND DOLE, u.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-07-03
A New Hawniian DIRECTORY.

Mr.. ]. c. Lane is here working up
facts for the Mckinney Directory Com
pany, who are getting out a new Ha-
waiian Directory. The new Directory
will give exhaustive descriptions OF
the islands, with statistics, their popu-
lation and industries, with name,
occupation, aud residence of all adult
persons; a general idea of the re-
sources and climate, and other matter
of interest to tourists as we'll as resi-
dents. Copies of the work will be sent
to the principal watering and other
places Of resort in the States, and par
ticularly on the Pacific Coast. Mr..
Lanes headquarters are at Graenhalgh's
book and stationery store, Fort street.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-07-03
IN THE CIRCUIT COURT OF

l. the Third Judicial Circuit of the Hawaiian
Kingdom.
Kaiakana BY the grace of God, of the HaNa-
iian ISLANDS, King:
To the Marshal of the Kingdom, or his Deputy
in the Third Judicial Circut-Grecting:
You are hereby commanded to summon WILL
LIAM EDWARDS defendant. in case he shall
file written answer within twenty days after
service hereof. to be and appear before the said
Circuit Court at The May Term thereof. to be
holden at the Court Room OF the Court House
at Hilo. in the Island Of Hawaii on THURS
DAY. the 4th day of May next at 9 o'clock u. m E,
to show cause why the claim of vary Ann Ed
wards plaintiff. should not be awarded her pur-
suaut 10 the tenor of the annexed petition.
And have you then there this Writ, with full re
turn of your proceeding thereon.
Witness. HON. A. FRANCIS JUDD.
Chief Justice of oar supreme
Court. at Hlo. this 18th day of
December, 4. d. 1881
DANIEL PORTER,
Clerk Of Circuit Court
dilligent search having been made on the
within mentioned William Edwards bnt he
some three years ago,
And | hereby return this summons and petit
tiOn not served this Sd day Of January A. b.
1873 JOHN LOTA KAULUKOU,
Marshal.
| certify that the foregoing is a true copy
of the Summons in said cans and the re.
turn of the Marshal therein, and that said
Court at the May Term, 1888. Ordered that the
case stand continued until the next November
Term. Waimea, Hawaii. And that an atIe-Jed
copy OF said Summons be published as required
by law.
Witness my hand and the seal of said
seal Court at Hilo this 2lst day OF
June, A. D. 1888.
DANIEL PORTER.
1921 ct Clerk.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-07-03
Erua! 4Nrrrtiscn!tnts.
COrRr OLE TIL

SUPREME COZ RT OF THE
y Hawaiian Islauds.-Iu Probate. IL the
matter OF the Estate of KONG LEEN, CCh-l OF
Honolulu, Oahu, deceased. interstate.
On reading and fling the petition Of Ian
ChOng Of said Honolulu alleging that Kong
Leen died intestaIe at Honolulu. on the s2i day
of June 1855 aud praying that Letters OF
Administration Issue to Lau Chong.
1t is ordered that TUESDAY, the nth day Of
July, 1883 at 10 O'Clock A. NJ, be and hereby Is
appointed for hearing said petition, in the
Court Room of this Court. at AliiOlaDi Hale,
Honolulu. at which time and place all persons
concerned may appear and show cause, IL any
they have, why said petition should not be
granted and that notice of this order be pub
lished in the English and Chinese languages
for three successive issues in the HAWAIIAN
GAZETTE and Hawaiian Chinese News news
papers in Honolulu.
Dated Honolulu, June &c, 1883.
BY the Court:
1851 HENRY SMITH Deputy CLERK.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-07-03
NUPREME COURT or THE

SUPREME COURT OF THE
~ Hawaiian IsIands.-In Probate. In the
matter of the Estate Of D. L. AdPHAkT, of
Homo nlu, Oahu, deceased, intcstare.
On reading and fling the petition OF j. En-
M luth & Co crt diIors of said estate. alleging
that the said D. L. Ahphart died intestaje at
Honolulu, on or about May =, 1883. and praying
that Letters of Administration issue 20 j.
Locker.
july 1888, at 10 O'Clock A. M, be and hereby Is
appointed for hearing said petition in the Court
Room of this Court. at Aliioani Hale at no.
lulu at which time and place all persons con-
cerned may appear aud show cause, If any they
have. why said petition should not be granted.
and that notice Of this order be published in
the English language in three successive issues
in the HAWAIIAN GAZETTE weekly newspaper in
Honolulu
Dated Honolulu, June 16, 1888.
BY the Court:
l223-3t HENRY SMITH. Deputy CLERK.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-07-03
HENRY SMITH.

CFCOND CIRCUIT COURT OF
y the Hawaiian Islands. In the matter of The
Partition of the Hui Lands OF Mahinahina, Ka-
hama and Kahana Nui.
ON rea1ing and filing the petition Of Antoine
Francisco Jose Espinda and Phillip JOa Iufn Of
Lahaina, Maui. alleging that they own an un-
divided half nterestin the ands of NAH nahina,
Kahana aud Kahana Nui. situated in the district
of Lahaina Maui. and praying that Commits
sioners be appointed 10 partition their Interest
and also the Interest of other Parties in said
Lands.
Notice is hereby given that WEDNESDAY. the
25th day of July. A D 1883 be aud hereby is ap-
pointed for hearing said petition before the said
Justice, in the Court Room Of this Court, at
Lahaina at which time and place ali perso as
concerned may appear and show cause, If any
thee have, why said petition should not be
granted, and that this order be published in the
English language for three successive weeks n
the HAwAuAS GAZETTE newspaper in Honolulu.
Dated WaiIuku II. l. June ~, A. D. 1855.
GEO. E. RICHARDSON.
Circuit Judge Second Judicial Circuit, Il. l.
lI224 ST.