davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-08

these islands towards the support d
retainer is nothing unusual, and /
the Queen might we'll have sup-i
ported Pahau withost the expeeta-
ton Of receiving the conveyance of
this land.
1t is not claimed by the respondent
that this purchase and convevance
were intended to be an "adSanee-
ment to Queen Emma. The PIE
sumption of an advancement arisAs
when i" the purchaser takes the conA
veyance in the name of q wife. child a.
or other person Tor whom he Is undQr
some natural, moral or legal obligAs
ton to provide" Perry, S 14s. e
There was no such obligation on'
the part of Pahau. She was not
bound to provide for Queen Emma.
On the contrary, the obligation, if
any, was on the part of the Queen
to provide for her retainer.
am aware of the feeling of obi
CATION entertained by some of the
old Iawaiians to leave their property
to their aliis; but this is Il purely
voluntary consequence Of loyal re-
speet and fealty, and is not an Obli-
CATION that the Courts could recog-
nize as binding, or one that should
be favored as against heirs ut law.
To my mind these circumstances
do not rebuff the presumption that
Pahau intended the Queen to he her
trustee.
The fact that the nominal pur-
chaser Queen Emlna) is dead does
not affect the admissibility of parol
testimony to show the resulting
trust. Perry, s 13S.
Nor does the fact that Pahau is
dead affect the right of her heir at
law to bring this bill. Although the
collateral purpose for which the con-
veyances were made was to prevent
the exercise of the present plaintiff,
as Pahau's husband, of his marital
rights over this property, and this
purpose would apparently be de
feated by finding that a trust resulted
in favor of Pahau, this husband
being now her heir-at-law, Pahau's
intention was that she, and not
Queen Emma, having advanced the
purchase money, was to be benefited
by the transaction, and the incident
that, on her death, her husband is
her sole heir is one that the respond
ent, representing Queen Emma's
estate, cannot take advantage of.
Upon the whole case, / find that
trust has resulted in favor of
Pahau, and the plaintiff as an heir
may have the relief prayed COR.
Decree accordingly.
w. C. Aehi, for plaintiffs ; w. A.
Kinney, for defendant.
Honolulu, April %, 1888.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-08

said that plenty of people privately
help this man with money to carry
on his bad conduct. It is the duty
Of our Society to petition the Com
missioner at Washington, who will
take action and report to the Vice
roy, who will do his duty and cause
the guilty parties to be punished;
but we are afraid that these people
who help Ii Fpok are perhaps igno-
rant of tive true facts and the law,
and we will not petition as we in
tended. II is therefore hereby made
known that if any person or persons
help Ii Fook in any way hereafter,
the petition will go, with the names
of these parties attached, and no
excuses made. You are expected
to listen TO all this, and take care
accordingly.
UNITED CHINESE SOCIETY.
Dated January, 1887.
Upon the argument it was con-
tended that the mere fact of Lii
Fook having been committed for
trial did not make his case pending
in this Court and that the publication
was made in good faith and without
any intention to prejudice the fair
trial of the defendant
We are of opinion that when a
person is committed for trial in this
Court the case is at once pending in
this Court, otherwise it would be
impossible for the crown or the de-
PENDANT to enforce the attendance of
witnesses at the trial by subpoena
until an Indictment was found which
would in many cases prevent the
defendant having his trial for some
months.
We are also of opinion that the
publication in question is a contempt
of this Court, according to its decis-
ion in other cases, as tending to
prejudice the right of the defendant
to a just aud impartial decision of
his case and to embarass and obstruct
the course of justice.
The respondents having dis
claimed any improper motive, and
it appearing that the defendant has
been discharged by demurrer to
the indictment being allowed, the
Court are not disposed to inflict any
punishment upon the respondents
and therefore discharge the order.
V. V. Ashford for Ii Fook; A.
S. Hartwell for respondents.
Honolulu, April 28th, 1888.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-08
Conemrfnq opinion 6u Doc, .

ConcmTjng opinion By Dole, j.
The majority OF the Court having
already decided in an issue of law
raised by demurrer in these proceed
ings that suits of this nature should
be brought in the name of the minor
by the parent or guardian or in the
name of the parent or guardian max
ing the minor a party defendant,
and it appearing that the minor in
in this case has not been represented
in the proceedings as a party thereto,
1 concur in the above decision.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-08

of March, and decision was rem
dered in favor of the plaintiff.
From this decision the defendant
Pedro Fernandez appealed.
The appellant contends that as no
guardian was appointed for the
minor defendant, she was therefore
not properly before the Court and
the decision made is not binding
upon the appellant.
We have carefully considered the
various papers on file in this case,
and the argument on behalf of the
appellant.
There is no doubt that a marriage
in fact between these parties has
been established. To declare that
marriage a nullity, every proceed
ing in the case must be regular.
We must consider what would be
the position of any future hus-
band or wife of these parties and of
their children, should they have
any, if these proceedings should be
hereafter attacked and we must
hesitate before giving Il decision
which would apparently affirm such
nullity but still leave the question
open.
We are of opinion that the petit
ton has not been properly amended,
and that as the female defendant
has not been served with a copy of
the petition, and no guardian adj
litem having been appointed for her
nor any order for substituted service
upon her obtained, the female de-
PENDANT has not been properly before
the Court SO as to be bound by any
decree and therefore that the appeal
must be allowed.
We think the whole of the pro-
ceedings taken since the decision of
this Court allowing the demurrer
have been irregular to such an eX-
tent as to vitiate everything pur-
porting to have been done under
them. At the same time we regret
that objection was not taken at the
hearing so that the time then taken
up could have been saved.
The case should have been EMIT
led as an action "Antone MOniz
FORBADE against Pedro Fernandez
anv Victoria FORBADE, falsely called
Fernandez"
The plaintiff must pay the costs
incurred since the former decision
of this Court and also the costs of
this appeal.
V. V. Ashford for plaintiff; Smith
& Kinney for defendant.
Honolulu, April 26, 1888.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-08
Supreme Court of the Hawaiian ISL
ands--In Equity.
d. w. KANoELEHUA VS.. A. j. CART
WRIGHT, TRUSTEE ESTATE OF THE LATE
QUEEN DoWAGER EMMA.
CHIEF JUSTICE JUDD.

QUEEN DowAGER EMMA.
BEFORE CHIEF JUSTICE JUDD.
This is a bill in equity to declare
and enforce a resulting trust. The
facts of this case are concisely stated
as follows: One Pahau, wife of plain
tiff, received in 1881 and 1882, some
six thousand dollars as her distribu-
tive share. of the estate of the late c..
Kanaina, as one of his heirs, the
same being proceeds of real estate.
This money was placed by her in
Mr.. A. j. Cartwright's hands, and it
was paid out by him on her orders
from time to time. The plaintiff
and his wife, Pahau, had not been
living together for many years, but
in the long and expensive litigation
which Pahau engaged in to deter
mine her rights in the estate of
Kanaina, she was obliged to use her
husbands name, and he readily gave
her his cooperation in procuring
witnesses, and assisted in every way
in the litigation but | think it is
well established that though there
was the appearance of reconciliation
between them, they each continued
the illicit relations with the para
mours they had taken up with
during the long separation. There
is some evidence that plaintiff and
his wife jointly signed the orders. on
the fund in Mr.. Cartwright's hands.
This is denied by Mr.. Cartwright,
but he does not produce the orders,
and thinks he delivered them up to
Pahau when he closed his accounts
with her. am of opinion that 1.-THE
plaintiff had not reduced this fund
to his possession, and that it retained
the character of real estate of his
wife. The bill, moreover, alleges
that it was PLAINTIFFS wife's pro-
perty.
After the death of Mr.. Kanaina in
1877, Pahau, who had been one of
his retainers, transferred her allie
glance to Queen Dowager Emma.
Mr.. Cartwright was the Queens
agent and business manager, and
this accounts for Pahau's putting her
funds in his hands.
In 1881 and 1882 two parcels of
land in Kauluwela, Honolulu, were
purchased-one for $3.50 dollars, and
another for 81, 55O-and paid for out
of this fund in Mr.. Cartwright's
hands, and afterwards houses were
erected upon them at Pahau7s ex-
pense, and both she and plaintiff and
several other retainers of Queen
Emma's moved thither. Pahau lived
there until her death in 1886, and
plaintiff continued there until elected
by process of law a few months ago.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-08
Dissenting opinion Of Dole, j.

l doubt whether the mere COM
initial of Ii Fooll for trial in the
Supreme Court gave the Supreme
Court Jurisdiction over the case.
The statute of 1876, on procedure in
criminal cases, confers exclusive dis
erection upon the Acknowledgment in
regard to persons committed for trial,
whether to indict or to discharge
them. He takes the place of the
grand jury in other judicial systems.
Until the Acknowledgement has pre-
scented an indictment against the
accused, the Supreme Court has no
authority to take cognizance of the
case; it is not a spending trial :"
before it, and therefore the publica-
ton in question, if Objectionable,
was not contempt of this Court.
"The word jurisdiction (jtS deere
is Il term of large and comprehensive
import, and embraces every kind of
judicial action upon the subject
matter, from the finding the indict-
ment to pronouncing the sentence.
To have jurisdiction is to
have power to inquire into the fact,
to apply the law and to declare the
punishment in a regular course of
judicial proceeding" Hopkins as.
The Commonwealth, Metcalf r.,
462. The Supreme Court had no
authority to try the case of The King
qS. Lee Fo0k until an Indictment was
presented; the publication objected
to was made before the presentation
of the Indictment. Bowler, in Vol.
l., page 769 of his Law Dictionary,
states the same principle: "Juris-
diction of the cause is the power
over the subject matter given by the
laws of the sovereignty in which the
tribunal exists.
The allusion by the majority of
the Court to the inconvenience which
would be entailed in relation to pro-
curing the attendance of witnesses,
if the rule set forth above should
prevail, is rather an argument of eX-
pediency than of legal principle, and
l cannot see how an inconvenience,
however great, can affect the ques-
ton of what is the law.
For these reasons l am compelled
to differ from the majority opinion
on the question of jurisdiction, and
give as my conclusion that the publ,
cation in question is not a contempt
of this Court.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-08
0ro eoafeggo on the 17th of the same

pro confesso on the 18th of the same
month.
On the 10th of December the de-
PENDANT made an assignment to w.
F. Allen fer the benefit of its credit
ors and on the 23d of January last
motion was filed on behalf of Mr..
Allen to vacate the decree and to
be allowed to answer.
The proposed answer was filed
with the motion.
On the 31st of January the Chan
cellor after hearing counsel on both
sides ordered that the decree be
vacated and the answer allowed to
be filed.
From this order the plaintiff APP
pealed.
The Trustee, Mr.. Allen, sets up
by his answer, two matters.
1st. That at the date Of the
mortgage the cobra stated to be
mortgaged had been sold and was
not then the property of the defend
ant.
ID. That the mortgage was void,
the defendant Company being at its
date insoIvent to the knowledge of
plaintiffs.
On the argument before us it was
urged on the part of the defendant
that as the order made was purely
discretionary and the exercise of
discretionary power is not subject
of appeal, the appeal should be dis
missed.
We are of opinion that an order
opening default, which this III
effect is, is a matter of discretion not
RENEWABLE except in clear case of
abuse, which we do not consider has
been shown in this case and there
fore we decline TO interfere with
the order made.
AT the hearing of the appeal, ar
gument was made by counsel on
both sides as to the effect of the
deed of assignment upon the rights
of the plaintiffs, counsel for the
defendant contending that the trus-
tee could set up the fraudulent ma
ture of the deed as against the de-
fendant's creditors.
We are, however, of opinion that
in the absence of a statute upon the
subject the Trustee cannot set up
any defense which the defendant
itself could not set up and conse-
quently that the second answer
would not be available for the de
Tense.
We make this observation so that
the parties may have the view of
the Court upon the matter and con-
duct the case accordingly.
The first ground of the answer
was not touched upon by counsel
and we therefore refrain from eX-
pressing any opinion.
For the reason stated the appeal
must be dismissed.
f. NJ. Hatch for plaintiff appel
liant; A. S. Hartwell for defendant.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-08

On the sixth day of January last
Lee Fook was committed for trial at
the then next ensuing term Of the
Supreme Court on a charge of per-
jury alleged to have been committed
by him in swearing to the truth Of
certain statements contained in a
petition presented by him to the
Chief Justice for writ of habeas
corpus for the release of certain
Chinese women and girls alleged to
be unlawfully detained.
On the 18th day of January, Lum
Kun Cheung published in the
"Hawaiian Chinese News" of which
the said Lum Kun Cheung was
editor and manager, a proclamation
purporting 10 be issued by society
styled The United Chinese Society,
refiectiug upon the said Lee Fook.
, This proclamation was also pnb-
lished in the English language IN
the Daily HaD0jion Gazette in
its issue Of the 18th of January and
in the weekly edition of the CHA
wAIIAN GAZETTE of the oath.
1t was charged and admitted that
II. NJ. Whitney, the manager and
publisher of the Gazette was insti-
gated by one Ching Cheung Ping
to publish the said proclamation.
On the application of Lee Fook an
order was made by this Court on the
18th day of February for the said
Lum Kun Cheung Ching Cheung
Ping and Henry NJ. Whitney to
show cause why an attachment
should not issue against them for
contempt of Court in making the
publications aforesaid.
The article complained of reads as
follows:
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-08
Chinese Female rafic.-Important
Proclamation by the United
Chinese Society.


Below is translation of posters
about town in the Chinese language.
The document explains itself:
This is to notify that many decent
and respectable Chinese women and
girls are kidnapped in Canton,
Hongkong, and other places, Tor the
purpose of being shipped to Califor-
MIA for immoral purposes, and COM
plants have been made to the Vice
roy at Canton, China, by the parents
or guardians, and the Viceroy has
examined into these complaints and
sent a cablegram to the Commits
sioner, Cheung, at Washington, .di-
recting him to report to the Consul
General at San Francisco and to
order that strict investigation
must be made as each steamer ar
rives in San Francisco from Hong
Kong.
In the early days of the ninth
moon a cablegram from the Chung
Wah Hospital, Hong Kong, was re-
ceived by the Consul-General,
Leung, complaining that plenty of
women and girls had been kidnap-
ped on the way to San Francisco.
The Belgic, on her arrival at San
Francisco, was examined, and it
was found that more than 80 women
and girls, most of whom had been
kidnapped, were on board. The
report made asked the authorities to
arrest Wong Hung, and these women
and girls accused Wong Hung of
kidnapping them. He was SEN
fenced to 10 years imprisonment
and $4,000 fine on being found
guilty, and the women and girls
were ordered to be returned to the
Chung Wah Hospital, Hong Kong,
requesting them to transfer the
women and girls to the Viceroy for
investigation of their case.
These women and girls were ship
ped from San Francisco to Hong
Kong on board the San Pablo, which
touched at Honolulu on the voyage.
Ii Fook, who lives at Honolulu,
hearing about these women and de-
string a monopoly to earn money by
them, applied TO the Supreme Court,
making an affidavit that LUX Moi
was his wife, Cheu Ho his daughter
in-law, and All Moi and Hoi Cheu
his daughters. He engaged law
yer to get these women and girls
from the vessel, and this was with
the view to his making money by
their immoral practices.
This is treating our law with dis
respect and a practice of great cru
city. The members of our society
AID the Chinese Commercial Agents
have performed their duty and en-
deavored to procure an order tG
cause these women and girls to pro
coed on their voyage in order to dc
as the Viceroy had wished, and thus
to permit them to have the happi-
ness of a family gathering. The
Chief Justice found no law to pre-
vent these women and girls from
landing of their own own accord and
they landed. LUX Moi was subse,
quently, with LII Fook, charged be-
fore the Police Court at Honolulu
with perjury. LUX Moi was acquit.
ted and discharged, and LII Fook
was committed for trial at the Jan
uary Term of the Supreme Court.
With regard to LII Fook's false
representation and his desire t.
make money in the bad way he
tries. it is considered he is no better
than the kidnapper, and must be
punished for this serious offensc
No one can nitv such q man. 1t is
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-08
smallpox in San Franoison.

The Board of Health has supplied
the following statement of daily eases
Of smallpox, verified by the Board OF
Health, San Francisco:
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-08

An application for attachment
against Lam Klun Chelo'g, Ching
CteuHg Ping and II. ". Whitney for
contempt.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-08
OPINION Of the cow-t By PRESTON ].

BHFoRE JUDD, c. J., M'CULLY j., PRESTON j.
BICKERToN J. AND DOLE J.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-08

In the Supreme Court of the Hawaiian
Islands. In Banco. Special Term.
February, 1883.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-08

THE KING VS.. LEE FooK.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-08

In the Supreme Court of the Hawaiian
Islands--In Equity. In Banco. April
Term, 1888.
BISHOP Il Co. vs.. THE PACIFIC
NAVIGATION Co.
On appeal from the Chancellor.
JUDD CD, N 'CULLY j., PRESTON j., BIcKERToN J..
AND DOLE J.
Opinion Of The Court by PRESTON J.
mir. Justice Dole being interested
as a creditor of the defendant took
no part in this judgment.
This is a suit for the foreclosure
of a mortgage over $50 tons, more
or less of cobra, laden on the bark
"Lilian," said bark being at the
time of the execution of the mort
gage ON a voyage from Jaluit, Mar
shall Islands to Honolulu.
The suit was commenced and
process served on the 18th day of De-
cember last and a decree was made
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-08

From China steamer.
April 28d, IS cases in hospital.
The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1888-03-09
A YOUNG TORNADO.


Newton, Kan., Visited by . St0rm-One.
Man Killed.
NEWTON, Kan, March ga tornado
struck this city Thursday afternoon at five
o'clock, coming from the southwest, blow
ing down several houses, tearing down
fences and uprooting trees. A heavy rain
accompanied it, Immediately followed by q
heavy shower of hail. The high wind
lasted but few seconds. but when it had
subsidized it was found that several build
ings had been blown down and the roofs Of
many houses taken away.
Just before five o'clock q dense, smoky
cloud was seen approaching from the west.
Almost at the same instant an intensely
cold wave from the north met it and there
issued forth dark cloud that moved rap
idly in the direction of the southwestern
part Of the city. The first building struck
was the Newton buggy factory. The roof
of the main part OF the building was
stripped Of and hurled 100 feet east. One
timber struck William Lacey, an employe,
who was running home, on the head, kill
ing him instantly.
The cloud next struck Waits addition to
the city, demolishing and scattering in all
six dwelling houses and num-
Der of barns Miss Annie Hobble, who
was in one Of the houses, was struck by .
flying timber and will probably die. Mrs.
Mary Smith, an inmate Of the same house,
had her shoulder blade dislocated and was
otherwise injured, but not seriously. A
number Of horses and cows were killed
while fences, walks and trees were strewn
for many blocks. The loss to property in
Waits addition will be fully 5000.
William J. Lacy, tho man killed, Is I'M
thirty years old, and came
here from Kansas City year ago. He has
y brother in that city and sister in Mil
waukee, Wis, and one in Chicago.
The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1888-03-09
EXTENDING THE STRIKE.

The General Grievance Committee Of the
Brotherhood Called to Meet 1t Chi
cago.
CHICAGO, March IA most important
movement was made yesterday by Chief
Arthur in the strike. The following tele-
gram was sent to each chairman Of The
general grievance committees Of the Broth
efhood Of Engineers and Firemen on the
following liues Of railroads, viz, Chicago
Il Alton, Chicago & Northwest err, Chicago.
Rock Island Il Pacific, Wabash railroad,,
Wabash Il Western, Missouri Pacific,
Union Pacific, Atchison, Topeka & Santa
Fe. and Wisconsin Central:
DEAR SIR AND BROTHER: You are hereby
authorized and ordered to come to the city Of /,
Chicago at once and report at the headquarters
There are many important matters to consider
in connection with the Chicago. Burlington 4
Quincy strike, and your immediate presence II
imperative. Be prepared to convene your COM
mittee from here ut q moments notice. Fra
ternally, p. NJ. ARTHUR, G. C. E
F. p. SARGENT. G.. NJ.
What does this meanf' was asked Of
Grand Master Sargent.
1T means that we are here to stay +
can not tell You what move is contemplated
until after the chairmen arrive"
HAS 1t reference to the alleged selling Of
Burlington tickets over connecting linesf'
"No-so you can draw your own conclu-
sicus."
It was determined by the heads of the
Brotherhood yesterday to hold q mass
meeting at Battery d On Monday night. 1t
will be addressed by Chief Arthur and
other prominent leaders.