davidaulloa/AmericanStories huggingface dataset:
Los Angeles daily herald., 1889-12-17
Nes,ce to maii subscribers.

The papers Of all delinquent mail subscribers
o the Los Angeles DAILY HERALD will be
promptly discontinued hereafter. No papers
VIII Be sent to subscribers BY mall unless the
same have been paid for In advance This rule
e inl1cxible AYERS 4 LYNCH.
Los Angeles daily herald., 1889-12-17
JoBEPH D. LYNCH. JAMES ). Arnss
AYERS 4 LYNCH. PUBLISHERS.
CITY OFFlCIAL PAPER.

Intered at the postoface ~ Los Angeles ~
second-class matter.l
Tombstone daily epitaph., 1889-08-20
The Iron Duke to His Soldiers.

Do your duty" were the words of Lord Wellington to his soldiers just before the battle of Waterloo and his tory tells us how well they oheyei The same advice might properly he given to every living man at this time. There are many men who would do their whole duty in time of war or great need, but when there is no such great occasion, neglect their plain simple duties to their God. their fam lilies and themselves. It is not for want of honor nor because they do not love their families, but from pure neglect; as an instance, statistics com piled by the national authorities show that more deaths result from bowel e9@Plaiets shaRp ai osefr ote n5f n6f more more than one family in six are provided with medicines that will relieve or cure the diseases It is the duty of every man tn p-nsoet their families. and they are certainly at least, guilty Of criminal carelessness if they neglect to do so. The best remedy there is for the purpose only costs but 9 cents The article we refer to is Chamber lain's Colic, Cholera and Diarrbea Remedy. It is certain cure for cramps, collie, cholera morbus, dysen- tery, diarrhea, bloody Aux, cholera in- fantum, and bowel complaint in all its forms. For sale by H. J. Peto.
Tombstone daily epitaph., 1889-08-20
\ New Rals.

The Mexican government seems to have little faith in the honesty of it's postal employees or else it is desperately anxious to shun responsibility. A rule has recently been established which does not permit money to he sent through the mails in any way not even in registered package. When a postmaster finds letter con taining money in the mail, whether registered or not, he must forward it to the postoffice department at the City of Mexico If the package, or letter, is from the United States it is forwarded to the City of Mexico and from there to the postoffice depart.
 ment at Washington. The rule works a great inconvenience to persons both in Mexico and the United States Nogales Herald
Tombstone daily epitaph., 1889-08-20

THE application of the home rule doctrine in our Territory has beauti
 fui appearance, and to the majority o
 people who are not acnI,,'.
 ...vrs II appears that Arlzona is selecting her own officials, and con sequently exsKyiAipsS lgaaee' lssae upon 1s as a double rainbow. But while there is an outward application of the doctrine for which We have been so long clam bring, we have no more to say as to who shall be our officers than wears ago, as Illustrated by the case of a gen. tleman in Tucson. He was in Wash ington some time since, and while there called upon Secretary Noble about an office for which he is an ap- plicant. During the course of the in- terview he informed the Secretary that he had the backing of almost the en- tire Territory, when he was told that it made no difference It is now gen. erally believed that to obtain an office Tn Arizona the applicant must have a pull in either Indiana, Illinois or Pennsylvania, which gives a somewhat different reading to that home rule plank.
Tombstone daily epitaph., 1889-08-20
OPERATOR.

IN conversation with Judge Barnes, that gentleman expressed himself as being in favor of the movement for statehood, and believes that ii the con- yention will frame a conservative con stitution Arizona will stand a good chance for admission, and that State government would he preferable to our present anomalous condition.
Tombstone daily epitaph., 1889-08-20

HON. J. J. CHATHAM has found that there is not sudden and immense wealth in country postotfice, and will resign and apply for the position of Consul at Nogsles The DAILY EPI- TAPH would like to see him get a good position, and endorses him for any office for which he may apply
Tombstone daily epitaph., 1889-08-20
Bursel ts beath.

NEW YORK. Aug. l9.- Early this morning fire broke out in the kitchen of a restaurant in five-story tene. ment at 305 West Seventh avenue. Nine of the sixty odd occupants lost their lives, and there is great wonder that many more did not perish. Sev- eral were badly injured. The build ing was occupied by thirteen families, who have been rendered temporarily homeless by fire. The flames did not do very much damage in the various apartments.
Tombstone daily epitaph., 1889-08-20
\ Strssg Enisrsensut.

Alter quoting ihe article published in the DAILY EPITAPH concerning MT. A. L. Grows application for the office of United States Marshal, the Yuma Sentinel makes the following remarks ::
 "The strong endorsement given to A. L. Grow by the EPrrAPH is seconded by the Sentinel. Mir. Grow lived in this county for long time and his record here as a citizen and official is one that he must feel proud of. As Chief Engineer of the Colorado Steam Navigation Company, Mir. Grow proved efficient and capable. He was Chair man of the Board of Supervisors Of Yuma county for several years, and his official career gave satisfaction te his constituents. In few words A. L Grow is an honest, reliable man, ana
 well fitted in every particular for thu
 position of United States Marshal fo Arizona"
Tombstone daily epitaph., 1889-08-20

Arizona has known an elixir of life for years in consequence of which plenty of the oldest inhabitants never expect to pass in their checks over tine counter of eternity. It's whisky straight, and the ingredients are aqua fortis, tobacco juice. raw ammonia and oil of ipecac. Brown-sequard can get some additional pointers by visiting the Territory.-Phenix Herald.
Tombstone daily epitaph., 1889-08-20


 THE Nogales Herald says: Some ot the newspapers are charging the De mocracy with being responsible for the constitutional convention act passed last winter. Now, let us ali be honest about this thing. Our recollection ;s that the Democrats are no more re- sponsible for that law than the Re publcans. Some of them might have been conspicuously enthusiastic, but they cannot be charged with being di. rectly responsible for it. At the time the thing was brought up it was a very popular idea, both in the legislature and all over the Territory. Since the legislature adjourned, and in fact quite recently, formidable opposition has bobbed up. We voted for the meas ure, and would do it again. Statehood would, in our opinion, purify territo- rial politics and prevent Arizona being made the dumping ground for unde- eirsbls ssstsrn political rsfuss.r
Tombstone daily epitaph., 1889-08-20

James Powell returned couple of days ago from trip up the Gila valley as far as the Augua Caliente springs. Jim reports everybody prospering, farms looking fine and an abundance Of water in all the canals.-Yuma Sentinel.
Tombstone daily epitaph., 1889-08-20
WIRES DOWN.

EDITOR DAILY EPITAPH; The cen ,ral. northern and southern routes were in trouble all day. No commit nication East. A land slide occurred on the central route when the report started, prostrating the wires again.
 OPERATOR.
Tombstone daily epitaph., 1889-08-20

The hydraulic workings near La guna and Gila City by the St. Louis Company will stimulate other like en. terprises at La Paz, Picacho, Pot Hole. and many other rich gold gravel de- posits in this immediate vicinity Yuma Sentinel.
Tombstone daily epitaph., 1889-08-20

WM. E.. GUILD, of Florence, is an ap- plicant for the position of Internal Revenue Collector for Arizona and New Mexico. Mir. Guild is stalwart Republican, capable gentleman and would make a good officer.
Tombstone daily epitaph., 1889-08-20
Ha.le-ps.

A reward of $500 has been offered this day by Governor Wolfley for the persons who killed Ha-le-pu, A Pima Indian, about July lst, on the road between Phenix and Tempe. This is the Indian L-- anne OI ms murder only by the name of Lewis, of whose taking of the Herald pub lished full accounts. Agent Johnson, of the Sacaton agency, referred the matter to Washington and, at the sug- gestion of authorities there, a reward is offered as above-Phenix Herald.
Tombstone daily epitaph., 1889-08-20

WANTED.-Agents for the Economy Fuel Burner Cheap and best of the kind the market. Address P. o. Box sS, Omaha, Neb.
Tombstone daily epitaph., 1889-08-20

Nice Spring goods-Pants from S up. suits from S3o up. See Harris stock and convince yourself.
Tombstone daily epitaph., 1889-08-20
Led.

On Friday night, on Bruce street between Fifth and Eighth, a pocket. book, containing $25 and . city war rant, No. 2s7, for $9.7O, in favor of 0. L. Cummings 4 Co. If the finder will return the pocketbook and contents to Ben James he will receive half the money, $l2.50, e . reward.
Tombstone daily epitaph., 1889-08-20

Go to Wolcot,'s for good goods al, the lowest prices.
Tombstone daily epitaph., 1889-08-20
againr''

SAY, Jim, "when shall we three meet apains"
Tombstone daily epitaph., 1889-08-20

Pictures, picture frames, moulding, and srtists mstssials at Monmonisr,a
Tombstone daily epitaph., 1889-08-20

"San Francisco, August g. 1889. " To J. Myers Bro, Tombstone A. T. Spokane Falls, Washington Territory, burned Have secured store Ship all goods immediately.
 (Signed) "J MYERS"
Tombstone daily epitaph., 1889-08-20

,,,,.eO |. r-. ro.r o.sce AS .soosD-eAss s.rras.
The Hawaiian gazette., 1889-11-26

within its stipulation but was to be
conveyed by separate lease. AT
the second trial his evidence on
this point was rather lamely sup
ported by Tong Chow who, how
ever, did not know that Kwai Hee
was present when the water was
talked about, rnd further, positively
says that nothing was said ON the
subject to Monsarrat, who drew the
lease of the premises.
1t seems to me therefore, that
the defendants contention that the
water-right was understood at the
time of making the first lease, to
be a distinct matter to be subse-
quently provided for by separate
instrument, is not made out.
In accordance with the foregoing
reasons am obliged to dissent from
the opinion of the Court, feeling
that the plaintiffs have satisfactorily
shown that they are entitled to
relief.
The Hawaiian gazette., 1889-11-26
In the Supreme Court of the Ha-
waiian Islands. In Equity.
THE UN Wo SANG COMPANY VS..
AVA AND Il. ALo.
BEFORE CHANCELLOR JUDD.
BEtoRE cHAScE1roa >
Decision.

There are special difficulties met
with in arriving at the facts of a
business transaction between
Chinese. They exist in the case
before me, since the lessons OF the
plaintiffs have different interests
involved and the plaintiffs are sew
eral individuals forming a partner
ship or ''hui," and various ones of
its membership have taken part in
transactions in dispute.
The object of the bill is to enjoin
the defendants from bringing any
action for rent on the lease acknOwl-
edged on the 18th of November
1882, whereby the Tn Wo Sang
Company plaintiffs) covenanted to
pay 5000 per annum to Alo (de-
fendant) for the use of the water
from the ssCharman KuIeana,n and
to declare the defendant trustee of
the said lease to the use of the
plaintiffs and to account for rentals
previously paid under said lease.
The defendant together with Tong
Chow, Tong Woa and Pac Kanah
had previous to this lease executed
lease dated October 26, 1882, of
the rice lands at Waipa, Hanalei,
Kauai, to Kvai Hee and Gee Chun
who together with Wong Uck, C.
Ahong, c. Aka and G. Aho now
form the I'm Wo Sang Company
{plaintifs) at the annual rental Of
$3.50. The plaintiffs now claim
that the demise Of the premises
which are a rice plantation on
which water for irrigating purposes
IS constituent, carried with it to
the plaintiffs the right to the water
as an appurtenauee Of the demised
p bs5a IS abb Shst Ms lsess u va ads
The Hawaiian gazette., 1889-11-26
GENERAL INSURANCE COMPANY.
For Sea, River q Land Transport
or DRESDEN

Having established an Agency at Honolulu for
me aA"ahan Islands the undersigned General
Agents, are authorized to take
Risks AGAINST the DANGER of sh. g..
AT THE-
Most Reasonable Rates. and ON the
Most Favorable Terms.
F. A. SCHAEFER 81 co.
~ ooly Agent for the Hawaiian islands
The Hawaiian gazette., 1889-11-26

KyroRE JUDD c. J., M'cUILT J., PRESTON J
BICKEBToS J., DOLE J.
Opinion OF the Court per Judd, c. j.
We refer to the opinion of Mr..
Justice Preston for a statement OF
the pleadings in this case. The
PRAYER for relief is based upon the
allegation that the lessons defend
antsl covenanted that they would
not buy or lease from the owners of
kuleanas any kuledndS lying or be-
ing within the premises demised.
Upon a careful examination of
the testimony we are Of opinion
that the lease, the making of which
is alleged to be the breach OF the
covenant, negotiated by L. Alo
with Geo. Chairman, and made TO
All Wa, IT. Alo's SOM was really
made and executed on the 18th
November. 1881, which was prior
to the lease in question from de-
PENDANTS to plaintiffs GIG Oct,
1892. The testimony of Mr.. Char
man is that the date of the copy of
the lease produced by him was
changed from 1881 TO 1882 and the
term altered from sixteen years to
fifteen years, because the copy of
the lease given TO Alo in 1881 had
become mutilated or effaced by get
ting wet, and he made them a new
lease corresponding with his dupli-
cate. as one year had then expired.
The copy annexed to Mr.. Char
mans deposition substautiates his
testimony.
But it is claimed at the argument
that if at the date of making the
lease in question defendants were
then in possession of the water-right
by virtue of Charman's lease, the
defendants have made it parcel of
the premises leased to plaintiffs.
The lease of the land which con-
tains this water-right was assigned
TO the plaintiffs by defendants by a
writing without date, but aeknowl-
edged on the 18th November, 1852.
and the plaintiffs allege that they
took this assignment in ignorance
of their rights, which ignorance we
presume was of the alleged fact
that the right was procured from
Chairman subsequent to the cove
nant in question.
There is no allegation in the bill
that this Chairman klAeaRd with the
water-right was made by defend
ants parcel of the demised premises
or that the water was appurtenant
thereto. We understand that it
was claimed in the prior bill that
the said water-right was appurte-
nant to the demised premises and
that the ditch was an ancient one,
and, upon hearing, this was found
by the Court to be otherwise and
the bill dismissed. The claim that
the Chairman lease was breach of
the covenant because made subse-
quent to the lease in question, is
inconsistent with the claim that it !
was in existence at the time of the |
lease and therefore formed part |
of the demised premises.
We are therefore led to the con-
clusion that the decree appealed |
from, dismissing the bill, was right |
and should be affirmed.
A. S. Hartwell for plaintiffs
Paul Neumann for defendants.
Honolulu, June 4, 1888.
The Hawaiian gazette., 1889-11-26

HKroRE JUDD C. J., M'cULLT J., PRESTON ]
BICKERToS J., DOLE J.
The Hawaiian gazette., 1889-11-26
THE UN Wo SANG Co. VS.. T.
ALO EF AL.
Appeal from Decree of the Chan
cell0r.

L
BEFORE JUDD,c.J., M'cULLx, PRESTON, BIcKER
TON AND DOLE. u.
Opinion of the Court BY Preston, j.
The matters in issue in this case
have been before the Court on sew
eral occasions.
On the Sd April last, the Court
held that the question not covered
by previous decisions, and to be
decided in the present case, was the
allegation in the bill that cat the
date of the said lease and for some
time prior thereto, a certain water
course and water-right had been
used and enjoyed by the said lessons
as appurtenant and belonging to
the premises demised under said
lease, and always had been and
now is of right belonging and ap.
purtenant thereto"
On the argument on appeal it was
suggested to the Court that the
statement in the opinion of the
Chancellor, on which the decree
appealed from was founded, "it is
much to be regretted that Gee
Chun, who was the resident mana
ger of the plantation, and signed
the second lease himself, was not
produced as a Witness" was in
accurate, and that in fact he was
examined on the hearing of the
previous case before Mr.. Justice
Preston.
1t was agreed that the evidence
taken in two previous cases between
the parties should be used before
the Chancellor
On referring to the records of
such testimony, we find that Gee
Chun was examined, but we are of
opinion that such testimony is more
in favor of the defendants than of
the plaintiff. He says that he ex-
ecuted the lease for Alo on Kauai,
and a week after notified Wong
10, the Honolulu agents, who were
also partners, to pay the rent. This
was November, 1882. Quai Hee
says that he went to China in jan
uary, 1888, and in the first case he
testifies, he stayed on the planta-
ton for year after the first lease.
At any rate, he admits that he was
here until after the first rent to Alo
was paid, and might have known
of it. He says, however, that he
did not know OF it until his return
from China in 1887.
After a careful consideration of
the case and of the opinion of the
Chancellor, We see no reason to
differ from the conclusion he has
arrived at, and therefore,
The appeal is dismissed with
costs.
F. NJ. Hatch and A. S. Hartwell
for appellants P. Neumann and
Chas. L. Carter for respondents.
Honolulu, November 4, 1889.
The Hawaiian gazette., 1889-11-26
suureme Court OF the Hawaiian
Islands-In Banco. April Term,
1888.

KwAI HEE, GEE CHAN, WoNG
UcK, C. AHoNG, c. AKA AND
C. AHo, COMPRISING THE FIRM
OF UN Wo SUNG & Co., VS.. L.
AIo AND All WA.
The Hawaiian gazette., 1889-11-26
nAssBURGM 1900 BREMEN.
Fire Insurance Company.

The unde" nedhaviue been appofr ted Asen..-
Of the above Company, are prepared TO Insure
risks against fire on Stone and Brick Bnfld-
in8s, and on merchandise stored therein
OF tne most favorable terms. For particulars
apply st the office OF Z. A. SCHAEFER q CO.
1877 ~
The Hawaiian gazette., 1889-11-26
Insurance Notice

Inc Agent for the British Foreign Marine In.
suranee Company (Limited) has received in
ance between Honolulu and Ports in ibe ps-sS
s anu Is now prepared to issue Policies ct the
Iowest rates, with special reduction on freiehf
1ls3 1y Agent Brit For. Mar ms Co fin,;,.d
The Hawaiian gazette., 1889-11-26

Philadelphia Board OF Underwriters
A GENTS for the Hawaiian Islands,
N 1910 ly O. BREWER & CO
The Hawaiian gazette., 1889-11-26

In the Supreme Court OF the Ha-
waiian Islands-In Equity. In
Banco. "A OF October Term.
1889.
The Hawaiian gazette., 1889-11-26

Boston Board Of Underwriters.
A GENTS for thc Hawaiian Islands,
n 1870 ~ G. BREWER q CO.
The Hawaiian gazette., 1889-11-26
Dissenting Opinion of Dole, j.

Dissenting Opinion Of Dole, j.
Upon a plea to this bill in which
the decree on the second bill was
pleaded in bar to this action, the
Court in Banco said, in overriding
the plea, that the present bill con-
tanned the following allegation
which was not made by the pre-
vious bill, to wit: " At the date
of the said lease and for some time
prior thereto, certain water-course
and water-right has been used and
enjoyed by the said lessons as ap-
purtenant and belonging to the pre-
misses demised under said lease, and
always has been and now is of
right belonging and appurtenent
thereto"
The effect of this decision is to
place the case about where it stood
under the first bill, which alleged,
among other things, that the water
course and the water were, at the
time OF the execution of the lease,
appurtenant to the leased premises.
The evidence greatly preponder-
ates in favor of such water-course
being appurtenant to the leased
premises. The witness, Kaiwi, in
troduced by the plaintiffs, had lived
at Waipa for forty years. He
said, Sin old times the land was
k0nohiki, used for taro. 1t had
water; it came from the Waipa
stream, through the ditch that has
been spoken of. There is no other
ditch from olden time by which
this land can be watered. The
spring Kiwaa is small; there is
water there in rainy weather; it
would not be enough for this land"
Also, "The ditch was enlarged by
the sugar plantation in 1863 and
1864 after the sugar plantation
the land Apakeen
planted rice On it, using water from
the same ditch.'' Also, "Nuuanu's
land, now held by Chairman, is the
the land where this dispute is.
When Nuuanu had the land the
water ran through the ditch on the
land" He further stated that
Nuuanu was his brUther-in-law.
This evidence of Kaiwi is sup
ported by Lsika, another old resi-
dent Of Waipa, Apakeen and Albert
s. Wilcox.
The witnesses introduced by the
defense against the plaintiffs claim
to this water as appurtenant to the
leased premises, were Makahiki,
Ku and KenauIu. Makahiki lived
at WaioIi and HanaIei and says
that there was no ditch there be-
fore the time of the plantation, but
Ku, who has lived in Waipa twenty
years or more, admits the existence
VI an old ditch before the time Of
Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1889-01-01
Greenwood.

PROBABLY every brigade bear vii have
ons sob c. a. east IN grosl about this
sesk. ant that l. The weather When
SOMEBODY sad there L. oul, one thing con-
slant sni that l. ehsngvi be v.s proosbly
talklng About the weather.
LNst wesk II vss b-lor ZERO two morn
ings 10 succession. sni this N lruiug II
stood a. a. before sunrise; sni % day
some % TIE tsiis are entirely b,rv. the
zrasshoppers have taasei Oat Agsin. AMI
are hopplng Aboui qalts uimhly once more.
Ja.t eleven years ago 10 dsy-Dec. 26ih-
90 sas the SANE slgat. ,nd 10 NAY be a.
log . tine before ~ Sc 10 sgain.
A u Bryant 10 tfoaolei ihis winter
with . lane back aud for the last three
days has ben cornisi 10 the hoas- with
sore throat; hoPs u will no, terminate In
diphtheriA
Aud bsrs 10 a. incitsut which Illustrates
What . pef-on l. likely n 90 when sb-ent-
minicd List Mosisy morning Mrs. A ID.
Bryant. Wishing - 30 everything possible
~ prevent diphtheris ron coming into
hsf family. burned some tar and Sulphur
In The room. a. sort % disinf-cisn, or
preventive, ant having heart thai guu
powder Wa also good fof that potpDse,
ani there belug bottle partly ei~i In The
room. she tO0k . email shovel contsinings
coal % n-e 10 one hand. AMI The bottle OF
posder In me Other. 90, thiuking FOR th-
momsut bat that she could barn the pow
Der llst a. she hst The tar sni sulphur
fsw minutes before Bat The powder. be-
ing In . hurry IN t1 10 work ~ usual,
.oon A. Il touched the n-e. carried II into
The bottle. when, hang! II went, Ike The
discharge % . gau, bursting the bottle
int0 . thoossnd fragments. fOrtnnsisly
she held the material 81 arms length, 80
ina. The rVsh dii not barn her face. nor
iid any % the glass happen % ~ In TIA,
direction. Bat in almost every other.
large picture wAs hanging on the wall.
covered With glass. which vNs completely
.hattsred and pieces OF The bottle were
foanA In al the al ,ining rooms. The doors
helug op-uei Cor ths purpo.e q cleansing
then. TIE particles OF glass we're sent
With sach force TIA, one piece, shoui the
siIs % an apple seed. pssssd through her
clothes. sntsring TIE chest, where II was
found two days Afterwards, completely
snbeided In the .h Strange % say.
The hand that held The bottle vas not very
bsiiy irIlrei. Alihosgh cut 10 may places,
~ that Il bled pfofasely. Theie IL 9 little
strpsk % humor connected with the scci.
dent. worth msutioning. Mrs Bryant
SAYS that The sxplo-ion - nearly stained
and pArzlyI-i Der that she forgo, all about
ths powder. AMI began 20 wondsr bow that
coal OF nre coult make such an s~fsl
racket