davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-08-27

den, at his request, at his office. A
claim was afterwards made upon
the Government, who paid 1924 for
Grape, and the bill was also pre-
scented to His Majesty's Chamber
lain, at the time they Il presume
the trustees) advertised for claims.
That they had furnished goods for
other State funerals, and charged
the same to funeral expenses, they
were paid sometimes partly by the
Government and partly by the
estate, as in the case of Queen
Emma.
1t appears also from the testimony
that the goods which were first sent
to the palace, and which caused
Mr.. Hayselden to speak to Mr..
Gibson, were supplied by Mr.. Goo
Kim, and that His Majesty himself
paid for them.
Upon a full consideration of the
testimony, l do not think l can de-
clare that the complainant has es-
tablished his claim. 1t seems to
me that the compliments firm ex-
pected to be paid by the Govern
ment or from a vote or appropria-
ton to be made by the Privy Coun-
Gil, as had been done on similar
occasions previously. The account
was entered as before stated, to
" Funeral expenses of II. r. H.
Likelike," even after the second
form of order was issued, and l was
much impressed with the answer
given by Mr.. Hartwell in answer
to a question 1 put to him on the
subject, that possibly the complain
ant did not wish to give credit to
person who could not be sued, and
1 cannot find from the evidence
anything which shows that the
complainant's firm gave credit to
His Majesty.
Although the several orders are
signed by Hayselden "per order"
it does not appear that the COM
plainant's firm made any inquiry of
any of the Ministers, or of His
Majesty, or of the husband of
the deceased as to Hayselden's
authority to issue the orders, which
were issued from his Office
at the Board of Health. The
mere statement of His Majesty to
Hayselden that if the Government
would not pay he would, did not
create any liability as between His
Majesty and the complainant.
l am still further fortified in my
opinion by the fact that the COM
plainant does not, in his bill, or in
his petition to perpetuate testimony,
allege that the goods were sold to
His Majesty, but that they were
"provided by said firm for and de-
livered to the order of His Majesty,
at his request" 1t seems to me
that this allegation precludes the
idea of a sale.
1t seems to me that counsel WHO
drew the petition must have made
the allegation advisedly and with
the impression that the complain
ant could not support by evidence,
sale of the goods to His Majesty.
l therefore find that the COM
plainant has not established his
claim and dismiss the bill with
costs.
Honolulu, June Goth, 1889.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-08-27

amount sued for, il the defendan
obtain Judgment"
We think it a sound principle
that where the Government 60 nom
me is sued or brings a suit, or where
a department or bureau or officer o.
the Government, has brought suit
or is sued concerning matter which
in fact, is not personal, but involve:
a claim of the Government as plain.
tiff, or a liability of the Govern.
ment as defendant, the plaintiff
recovering should not have judg.
ment for attorneys fees or commits
sions, nor should the plaintiff on
losing be taxed with attorneys fees
and commissions on the amount
sued for.
In this class of cases the Attor-
ney-General is required by the
statute to appear and he is forbid
den to accept any fee or reward for
any business to which it shall be
his official duty to attend. By pro-
vision of the same law he is bound
to account to the Treasury for all
fees, bills of costs, etc., etc., re-
ceived by him by virtue of his
office.
The Government, when sued,
should not be called upon to pay
attorneys fees and commissions,
any more than court costs, which
finally go to the Treasury. In
+" The Antelope" II Wheat, $40,
the Supreme Court of the United
States said that it is a general rule
that no court can make a direct
judgment or decree against the
United States for costs and ex-
penses in a suit in which the
United States is a party, either on
behalf of any sutton or any officer of
the Government. This is affirmed
in q. S. Us. Ringgold, s Peters, 1853.
And if the Government should not
pay these costs it should not exact
them from others, for the benefit of
the Treasury. This has been the
uniform practice in this Court, and
we see no reason why it should be
departed from.
The recent Act of the Legislature
of 1888 "to provide for the bring
ing suits by or against the Hawaiian
Government" has not altered the
situation. Before this Act the Gov
eminent could not be sued unless
consent was given by the King in
Privy Council, and now it cannot
be unless process is allowed by a
majority of the Justices of the ST.
preme Court.
The power of the Government to
sue has never been limited, and it
is not enlarged by the recent
statute.
We sustain the appeal in both
cases.
A. S. Hartwell for Bowler and
Luce; Acknowledgement Ashford
for Board of immigration and Cleg-
horn.
Honolulu, Aug. 14th, 1889.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-08-27

Dissenting Opinion Of Dole, j.
The issue before the Court is no
what may or may not be a SOUND
principle, but what is the law
Even in the United States, where
it is general rule that no court car
make a direct judgment or decree
against the Government for costs
and expenses in a suit to which
the United States is party, (The
Antelope, II Wheat, 546) the Gov.
eminent is sometimes liable for its
own costs in cases where it is the
plaintiff, a.. s. as. Ringgold, 8 Pet.
$50, 1861 at the time the case of u
8. Us. Ringgold was decided Hnc
direct suit could be maintained
against the United States" (i6id.,
which fact justifes the rule laid
down in The antelope, above re-
ferred to; but here the law is diff
ferent; the Legislature of 1888 en-
acted law which empowered pri-
vate persons having claims against
the Hawaiian Government, to bring
and maintain suits against the same
for the purpose of adjudicating such
claims. laws of 1888, Chap. LIZ
Previous to the PRONUNCIATION of the
Constitution of 1887, private per-
sons could legally sue the Govern
ment by permission of the King in
Privy Council; Civil Code, Sec.
929) neither the statute nor the
rules of court relating to costs make
any exception in favor of the Gov
eminent; attorneys fees are made
costs by law. This privilege given
by the law of 1888 to private per-
sons, of bringing action against the
Government, is right which can
not be refused, where the complaint
sets forth fair subject for judicial
investigation, the provision for an
endorsement by the Justices of the
Supreme Court upon the complaint,
of an allowance of process, being
analogous to their power of dismiss
ing any cause on demurrer.
The general rule of law as to the
liability of the Government under
statutes is, that it is not bound by
a statute unless it is named in it, or
in other words the Government
"is not reached except by express
words, or by necessary implication,
in any case where it would be
ousted of an existing prerogative or
interest" Endlich on the Interpre-
tation of Statutes, Sec. 1911. "The
Crown, however, is sufficiently
named in a statute, within the
meaning of the maxim, when an
intent to include it is manifest.
For instance, 20 and q Wet. G. 10,
which entities (by Section p either
party, after the hearing by JUS
tice, of any information or COM
plant, which he has power to de-
termine, to apply for a case for the
opinion of one of the Superior
Courts and after authorizing (by
Section A the Justice to refuse the
application, if he deems it frivo-
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-08-27
THRUM'S ALMANAC.

MO HANDBOOK EXCELs THE HAWAIIAN
IN ALMANAC AND ANNUAL for reliable
statistical and general information relating to
these Islands. Price so cents; or mailed abroad
so cents each.
THOs. G. THRUM, Publisher,
I1s1-Iy Honolulu, Il. 1.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-08-27

BEFORE JUDD c. j., M'CULLY j., PRESTON ].
BICKERToN j., DOLE j.
Opinion of the Court per Judd, c. j.
Dole j.. dissenting.
The appeals in the above entitled
causes, bringing up the same ques.
ton, are by agreement considered
together.
In the first case the Attorney.
General, who appeared &c oficio. for
the Board of Immigration, pre-
scented a bill of costs for taxation,
which contained the items of attor-
ney's fees for drawing various
pleadings and for attendances, etc.,
and also for $232.50 attorneys COM
missions on the dd ddnanun1. The
case had been disposed of by the
sustaining by the Court in banco of
defendants demurrer.
In the second case the Attorney
General appeared for the plaintiff,
and the declaration sets forth that
the Collector-General brings the ac-
ton on behalf of the Hawaiian
Government. The Court in bancO
sustained defendants demurrer.
The Defendants counsel filed a
bill of costs for taxation, claiming
attorneys fees for pleadings, attend
ance, etc., and $279.31 attorneys
commissions on the ad ddmn,tna.
The question before us is whether
the plaintiff in each case should be
charged with defendants attorneys
fees and commissions.
The authority claimed for the
charge of the attorneys commits
sions is the 5th Section of the Act
of July %, 1872, Up. 416 Compiled
Laws which reads:
"Section 5. In all the Courts of
this Kingdom, in all actions of as
sumpsit there shall be taxed as
attorneys fees, in addition to the
attorneys fees now taxable by law,
to be paid by the losing party and
to be included in the sum for which
execution may issue, ten per cent.
ON all sums to one hundred dollars,
and two ands one-half per cent. in
addition on all sums over one hun
dred dollars, to be computed on the
excess over one hundred dollars.
The above fee shall be assessed on
the amount of the judgment OBJ
tanned by the plaintiff and upon the
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-08-27

THIS PAPER is KEPT ON FILE
i at E. c. DAKE's ADVERTISING
AGENCY, 81 & IS Merchants Exchange,
San Francisco, Cal, where conflicts for
advertising can be made for it.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-08-27
5prtial Notifies.
MR.. W. F. ALLEN,

HAs AN OFFICE WITH MRSsRs. BISHOP L
IL CO.. corner of Merchant and Kaahumanu
streets. and he will be pleased to attend to any
business entrusted to him. 4 1224-6m
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-08-27
In the Supreme Court of the Ha-
waiian Islands-In Banco. July
Term, 1889.

JOHN F. BOWLER VS.. THE BOARD
OF IMMIGRATION AND A. s..
CLEGHORN, CoLLECToR-GEN-
ERAL OF CUSTOMS VS.. w. S.
LUCE.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-08-27

MARX GREEN, PLAINTIFF, VS..
ALEXANDER J. CARTWRIGHT,
S. NJ. DAMON AND G. P. IAU-
KEA, TRUSTEES OF HIS MAJESTY,
DEFENDANTS.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25

Not fit, but an expression of de
light. "About week ago." says a
Los Angeles, CAL, druggist, ga
Chinaman came in with a lame
shoulder. 1 sold him a hottie of
Chamberlain Pain Balm and guar
anteed that it would cure him. He
came in again last night, and as
soon as he got inside the door, be-
gan to swing his arms over his
head like an Indian club swinger.
| thought the blamed fool had fit,
but ne finally stopped long enough
to say: Medicine velly fine, velly
fine; ally same make me feel plenty
good" Chamberlain's Pain Balm
is without an equal for sprains,
rheumatism, aches, pains or lame
back. For sale by G. G. Thayter.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25

IT DON'T Go.-The Sac. Bee
warmly approves of the APPEAL IS
advice 10 Judge Belknap, and sug-
gests that the editor of this paper
be hired to come down to Sacra-
mento and reform the etock-crazed
lunatics of that section.
Our advice is not for sale. Like
the Lord, ne occasionally chasten
those we love, and when we see a
friend struggling in the embrace of
tho stock octapus We warn and ad-
monish him from a feeling of kind
ness only.
The writer trod the speculative
path himself for number of years,
and the thieving brokers and ras-
cslly "insiders" took every quarter.
He now feels like reformed drunk
ard who breaches the evils of in
temperance to his friends. With
the stock-crazed lunatics of Sacra-
mento, however, he has no interest,
and it is a matter OF Indifference
whether they work all their lives
for the stock manipulators or go to
the Lunatic Asylum.
He would try to cure a friend OF
the opium habit, but strangers can
cure themselves or die. From the
hard tussle he is having with Judge
Belknap he feels that the case now
on his hands will require ali his
spare time.
Yesterday the Judge was in front
of the list as usual, studying the
quotations, and admitted that be
wanted to mako "cne more turn"
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25
A LUDaCEeus INCIDENT.
Jack FurioEg the Victim of
an Eli Wiad.

On circus day Jack Furlong was
strolling around the edge OF the
circus tert, when he saw just ahead
queer looking old gentlemen from
the country walking with his daugh-
ter, pretty girl of eighteen.
While the father was matching the
"soap game" the gill, who was near
the tent, dropped her handkerchief,
and Jack, with his usual gallantry
and agility, darteda forward and
picked it up.
As he stood bowling and receiving
the thanks Of tae fair unknown, y
sudden gust of wind lifted the can
vas wal just behind the couple,
and lurchins upward with the gust,
came down in such way that it
brought them Inside tho tent instead
of out, and knocked the old gentle
mans hat gally west.
a moment later one OF the circus
bouncers seeing the two suddenly
inside the tent, rushed down and
charged them with sneaking in.
Jack was obliged to put up 81 to
avoid a row, and he had hardly got
the thing settled when the father of
the girl rushed in and accused him
with trying to abduct his daughter.
He made loud talk and a scene
an threatened to have the law on
Furlong.
As soon as lie could, Jack got
away from the crowd, two dollars
out of pocket and no chance even
to learn the girls name.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25
EDITOR OF THE APPEAL Pleas

EDITOR OF THE APPEAL PLEASE
announce III the columns of your
valuable paper that we are sole
agents for st. Patrick's Pills. the
most perfect cathartic and liver
pills in the market. They not only
physic, but cleanse the whole sys-
TEN; purify the blood and regulate
the liver and bowels; they are Wig
orous but gentle in their action and
can always be depended upon. For
sale by &. G.. Thaxter.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25
HOW Can Parents

allow their children to cough and
strain and cough and calmly say
"Ohl its only a little cold" and
keep giving them cheap and dan
gerous medicines, until they are
down with lung fever or con-
sumption, when they can be so
easily relieved by BEGGS' CHER
RY COUGH SYRUP? II has no
uperioi aud few equals. w. I'll.
Ohedic, Druggist.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25
CHASE & SANBoRN.

WONDERFUL WONDERFUL! Won
DERFUL! Cephalins; a new and
wonderful remedy for headache,
cures the very worst cases almost
instantly. 1t contains no narcot-
les and is perfectly harmless.
Try it. No cure no pay. Price 81
per bottle. For sale by G. G.
Thaxter. my20, m
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25
THE SOAP GAME swINDLE.
1t il Still Being Worked In
the Country Towns.

The following is from the Nevada
City Telegram:
At Colfax this afternoon and to-
night many innocent fellows will
lose money by trying to beat games
and Tricks that will be spread by
"faklrs" that follow the circus.
These swindlers do not belong 10
the ci,cus as the owners of all
''great aggregations" will assure
you. But all the same the man
ayers give the swindlers transport
/ tation and circus board. We had
| it, years ago, from an old circus
man, that the "fAkirs" pay the
circus proprietors very literally for
the privilege oil following the circus
and taking in the suckers. When
a big show is gettin! ready for the
road the ''fskirs" make their
bargains with the management and
the revenue they pay in goes far
toward paying expenses. To-
night the man with the soap trick
and men with numerous other
tricks will be apt 70 catch some
Nevada City fellow who takes a
ing around ard giving away money
on fool bets. And also it will be
well in Grass Valley tonight to
look out for burglars who usually
skirmish the country in the neigh
borhood of circus shows.
This is a fair sample of the
complaint that comes from papers
all over the Coast. Now it is all
very well to say that these games
are a part of the circus which is
probably the fact, or at least the
owners OF the games dizzy with
the circus to be allowed to run.
But they could not possibly run
if tue Sheriff attended to his bust
ness and PROMPTLY arrested all
connected with the swlndle.
1t may be that the Sheiiffs
where the games operate are SO
verdant as not to know that a
license to sell .'soap" in the streets |
is nothing moro or less than a
swindler's game, by which poor |
men are robbed out OF their money.
If the Sheriff who grants such a
license, really imagines that he is
licensing 4 man to do legitimate |
business. he is too innocent for the |
requirements OF his office, but |
might make a good Sunday school
Tbe fact that the
soap swindles have the handling of
tickets shows that
they must have some connection
with the show.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25
ALL SORTS.
No more shows this month.

| ALL SOk rs.
No more shows this month.
Geo. Thaxter is still improving
The regular Carson Summer ha.
begun.
Johnny Dormcr is expected home
today.
Gen. Marlette is in this city for q
few days.
| St. Peters church will have a
new $4,000 Pipe organ.
The Fair Directors were all busy
on the new track yesterday.
Fine piano for sale; address A.
B., this office. a10
Custom made suits at A Berg
mans from $25 up. Orders taken.
apr 2 If.
w. Fl. Bottsford, OF Empire, vii
act az Grand Marshal en- Decoration
Day.
Parties looking for fine job work
Will do well to inspect the new job
type in this office.
George Hark's refrigerator is
again up and his meat is frozen
solid each day.
The Appeal regrets to learn that
Sam Jones of Gold Hill is threat
ened with brain trouble.
Pure wines and choice liquors at
Livingston's. French and Califor-
MIA Brandies, Domestic and Import
ed Wines. a27tf
A China cook who has cooked in
families wants a situatio as house
cook. Good reference. Apply at
this office. m % If
Yesterday was the birthday OF
Queen Victoria, lady who has
something to do with the govern
ment of England.
"a Bunch of Keys" jingIed to a
good house last evening, and kept
the audience in a continual roar of
laughter from beginning to end.
The APPEAL acknowledges the
receipt by express, of the lightning
stage sketch of the Kraft scene |
from the World" drawn by Pat
Reilly when last here.
A gentleman recently arrived |
from California, wishes to secure a
position as book keeper. Best of |
given. Apply at this
office. m % If !,
Tom Hickey was in the citv yes
terday. He came in to raise row
because his APPEAL had not reached |
his ranch for four DAYS, and disa bled
a team of blooded horses getting
here.
Geo. Hank won his fiddle suit,
and now he practices every evening
on his instrument. The people in
he neighhorhood recently petition
ed to the Board of City Trustees to
pass an anti-cat ordinance.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25

ABUSING THE framing PRIVILEGE.
The Postoffice Inspectors at
Washington nave arrested Charles
d. Posten, on the charge of using
the franks OF Senator Stewart of
Nevada and Delegate Smith Ar.
iona in his private correspondence.
He was arraigned before the United
States Commissioner and held in
bonds of $1,000 for the action OF the
Grand Jury. Posten, who is about
sixty years of age, claims to have
been delegate from Arizona and
Consul to Mexico.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25
Advice TO Mothers.

Mrs. Winslow's Soothing Syrup
should always be used for children
teething. 1t soothes the c..ild, soft
ems the gums, allays the pain, cures
wind collie, and is the best remedy
for diarrhea. Twenty five cents a
bottle.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25

Mr.. Chatelain and Frank Golden
have moved into their new store.
1t is one of the most attractive jew
elry stores in the State OF Nevada.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25

CHICAGO, March 10th 1889.

CHICAGO, March 10th 1899.
This is to certify that the sole
agency for Chase & S4nborn's
coffee for the City OF Carson, New
is held by l.. IL. Bell, whom We
shall protect by every means.
Outside Of the store of said Bell,
the genuiness of our goods we can
not guarantee.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25
By Order of
Post Commander.
Geo. G.. Thaxter.
AdjHtant.
Cough! and Cough!! and Cough!!

Cough! and COugh!! and Cough!!
What in the worlS is the reak Oh
you will cough and keep coughing
and still keep trying inferior medi-
cines when BEGGS' CHERRY
COUGH SYRUP will positively re-
lIeve your cough at once? This is
no advertising scheme, but an ac-
tual fact. and we guarantee it. w
I'll. Chedic, Druggist.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25

FoUND-A pocket book contain
ing valuable papers. Person
proving property and paying for
this advertisement can secure the
same. Inquire at this office.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25

Miss Emma Leete has received
the appointment of the Carson
agency Of "Myths and Mysteries of
Hawaii by r. M. Daggette and
King Kalakaua. A review of the
book will be made In few days.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25

Suits and shirts made to order
and fit guaranteed at A. Cohn's
Emporium. ia11 I'm
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25

All wishing to join the Mutual
Endowment Association at club
rates will have TO get in during this
month.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25
Attention Custer Post.

In compliance with General
Orders No. S, National Headquar-
tiers G. A. r., all Comrads of Custer
Post and visiting Comrads will
assemble at Post Headquarters, in
uniform, on Sunday next 26th inst.
at 10 A. NJ. sharp.
By Order of
Post Commander.
Geo. G.. Thaxter.
Adjatant.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25

ODhir-4 GU
Mexican 3 81
Gould 6 Curry 80
Best 6 Belcher-390
Goa. Cal. 2; Va Ia
vare-2 go
Chellar-2 81
Potosi-2 30
Hale d Norcross-4 20
Grown Point-370
Belche Il o.
keHtusk-l Is
Alpha-l 80
CORsdence-7s
Sierra Nevada . So
Utah. 10
ExcheIaer-S5
Sec. BeIeher-2 95
Overmau-i 81
Unions %
Chailenge-3 -
Andes -93c
Peef lesS-5Jc
Mono %
Navajo 800
Bodice 50
North Belle isle 81
Nevada Queen 40
Scorpion-25c
BIT. Diablo-2 20
Silver Hill--a0c
Yellow Jacket 90
Alta 65
Baltim0re-35c
Commenwealth-4s
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25

The fight between McAulliffe and
Lees is regarded as fake by the
San Francisco sports; for this
reason, Peter Jackson defeated
McAulliffe with the utmost ease who
in turn defeated Lees in eight
rounds, yet Lees stood before the
colored pugilist thirty rounds before
going down.
The press OF the coast ought to
crush this swindle out, not by
advertising the swindlers, but by
holding responsible the parties,
without whose permission the games
could not run-the Sheriffs and the
circus companies.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1889-05-25

THE LALIEs' LAUNDERING MA
sEINR.-Pattented in the United
States and Canada. The first Lauu-
drying Machine ever invented for
family use having Stationery Tub
rest, Patent Washer with Auto
matte Adjustment, High Pressure
Hard Rubber Wringer, Folding
Gothes-rack, all combined in one
patent, hence but one royalty. Sold
only by parties owning territory.
Manufactured by George & Twee-
dale, Constantine, Michigan. Doc.
Benton, Sole Agent. al6*