davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21

restricted by the high terms of a
payment of five hundred dollars
and of a bond in the sum of
one thousand dollars. It is pro-
vided that no part of the liquor
may be drank on the premises nor
upon any contiguous premises in a
house directly or indirectly under
the control of the licensee. The pen
atty of the bond may be forfeited if
the licensee shall be convicted of
felony, perjury or other Infamous
ofense or of any offense against or
violation of the revenue laws or of
any other offense under the statute
concerning licenses which involves
forfeiture. 1t is plain that the
license permits the dealer to do the
business Tor which he is licensed
only at the place of business which
is designated, if this police super
vision is to be maintained.
May not such dealer upon the
order of a customer resident in an
other part of the kindom sell for
cash or upon credit and forward or
ship the goods to him?
There is statute especially sppli
cable to this, and restricting it Chap.
67 of the Session Laws of 1883,
which is entitled An Act to Better
Prevent Illicit Traffic in Spirituous
Liquors, Sections 2 and 3 whereof
entirely control the particular case
at bar. Section 2 provides that no
licensed peddler, trader or store
keeper clerk or employee, shall for
ward to any other person any order
for the purchase of spirituous IL
quors to be shipped or sent to or for
the use of any other person than
himself. And Section 3 provides
that sit shall be unlawful for any per-
son not being licensed dealer in
spirituous liquors or common car
rier of goods to receive into or have
in his possession custody or control
at any port outside the city of Homo
lulu, any spirituous liquor with in
tent to sell, transfer or dispose of
such spirituous liquor or any part
the~eof to any other person or per
sop4." Under this Legislative con
sruction of the intent and scope of
the dealers license under which the
defendant sought to protect himself,
any such agency for the extension of
the business of dealers license
has been made illegal by statute,
and not only sales, but tie receipt Of
orders and transfer and delivery of
spirituous liquors by an agent are
made illegal acts.
The Instructions given were correct
and the defendants instruction was
properly denied.
Exceptions 00er7uled.
G. Creighton, Deputy Attorney
General for the Crown; p Neumann
for the defendant.
Honolulu, April 8, 1891.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21

any agreement on the part of Otto
Ludloff to pay said rent.
4th. That plaintiff failed to prove
any contract for the payment OF said
rent.
9TH. That said judgmentwas con-
trary to law and evidence.
A review of the evidence sent up
shows that there was sufficient upon
which to base the findings of fact
made, and this being the case the
exceptions are overruled.
j. M. Davidson for plaintiff; j. A.
Magoon for defendant.
Honolulu, April s, 1891.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21
Protecting His Home.

A sort of a prize fight came off be-
tween a Manila man and China
man. 1t seems the Chinaman has
been interfering with the Manila
mans domestic relations, putting
the latter on his watch, carrying as
defensive weapon large knife.
Wednesday afternoon as the man of
family was returning home, he saw
the Chinaman coming down the
steps of the formers house. This
was the signal for the affray, the
Manila man leading off with a slash
at his opponents head, resulting in
a cash along the head back of the
left ear, just grazing the jugular
vein, ending in cut along the jaw
bone. The Chinaman thinking that
discretion was the better part of
valor, in this case anyway, immedi-
ately retired from the fight and ran
to the Police Station for help which
ended in his assailant being lodged
behind the bars of the Station
House.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21

OPINION OF THE COURT BY JUDD, C. j.
This is an action of assumpslt for
rent of a dairy in Manoa Valley,
Honolulu. The plaintiff obtained
Judgment for $4,000 and costs, etc.,
in the Police Court of Honolulu.
The defendant then appealed to a
Justice Of this Court sitting in
Chambers, and the case was heard
de noUo on the issues of fact in
volved. Mr. Justice Dole, who heard
the case, affirmed the Judgment of
the Police Court. The plaintiff has
no further appeal on the facts. He
now excerpts to the decision render
ed and alleges as error that the
Court sustained an objection to a
question to II. Ludloff in the
course of his direct examination
asked by defendants counsel with
reference to statements alleged to
have been made by Perry to defend
ants to the effect that plaintiff offer
ed to take the dairy back and allow
Albert and Richard Ludloff) their
wages to that date-on the ground
of its being a leading question"
1t is impossible for us to ascertain
from the form of the above exception
whether the question was in fact a
leading one and Objectionable on
that ground. The question should
have been reported to us in the exact
form in which it was proposed to be
put to the witness. We are left to
conjecture as to its nature. If it was
desired by defendants counsel to
rebut by this question denial pre-
viously given in evidence by Perry
to II. Ludloff, it would not be objec-
tionable to ask the rebutting witness
the direct question if such and such
statement had been made by Perry.
But if the question had been allowed
to be put and it was answered by II.
Lu5l off to the effect that Perry had
mace such a statement, fail to see
that it could have any substantial
effect on the result of the case. 1t
would perhaps tend to dlscredit
Perry's testimony; but an inspection
of the evidence sent up discloses
that the real issue was whether a
promise had been made by defend
ants to pay $3.50 for the use of the
dairy for the month of December,
1890. This did not depend upon the
testimony of Perry, but was proved
to the satisfaction of the Court by
other testimony. Where the error
made (if any was made) cannot affect
the result Of the case the judgment
will not be reversed on this ground
and new trial ordered.
The remaining exceptions are:
I'd. That the existence of a part
nership was not proved
Sd. That plaintiff failed to prove
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21
The KING VS.. j. r. GAsPAR.

The defendant being charged with the ILL
cit sale at Hilo, Hawaii, of spirituous
liquors, offered the defence that he was
the servant of licensed spirit dealer
in Honolulu.
Held, that the license OF such dealer not
being produced in Court, he was to be
considered as unlicensed, by Compiled
Laws, page 500, Section IS.
Held, that the dealing of the defendant as
a servant or agent of the licensed dealer
in transferring or disposing of spirit
uOus liquor is to be considered an
illicit sale in view OF the provisions of
sections two and three of Chapter 67 OF
the Session Laws OF 1883.
Exceptions are oYerruled
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21
Supreme court-At Chambers.
BEFORE M'CULLY. ].

BEFORE M'oULLY, ].
SATURDAY, April IL.
Ching Sing Moy VS.. Lee Kau Sing.
Ordered that the marriage of Ching
In Keau, an alleged minor, to one
Lee Kau Sing, be declared null and
void.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21
He Was In Luck.

ga ring which its owner, one of
the officers of the U. S. S. Omaha,
might well have despaired of recov-
ering, has, says the Japan Mail,
found its way back to him under
somewhat peculiar circumstances
The ring was dropped while the
Omaha was last at Yokohama In
seven fathoms of water, a depth
which, in view of the muddy bot
tom, made recovery a very problem
atical matter. A reward was offered,
however, and Oh the return of the
ship it now appears that the ring
was recovered by sendo, who car
ried it to the Yokohama Police Sta
ton, whence it has found its way
back to its owner 1t appears that
the finder used net or dredge OF
the kind known as keta, provided
with iron spikes, in which the ring
caught and was brought to the sur
face"
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21
Builders Of Steam Machinery
In all its brancAss-

In all its branches
Steamboat, Steamship. Land Engines Boiler
High Pressure or Compound
STEAM VESSELS Of all kinds built esnplsa-
with halls OF wood. iron or eoupoaiks-
ORDINARY ENGINES compounded Ihan -
visable.
STEAM LAUNCHES, Barges and steam RugEcon
structed with reference to the trade IN vhlr1
they are to be employed. Speed. tunnzRt ani
draft Of water fazranteed-
SUGAR MILLS and Sugar Making Mach1nazr
made after the most approved plans, Ala. a.
Boiler Iron Work connected thsrswiih-
WATER PIPE, Of Boiler On skesf Irnn. e an
size, made in suitable lengths FOX couneceizE
together, or Sheets rolled, punched and p11za1
for shipment. ready 70 be rivsts1 On n
ground.
HYDRAULIC RIvETIyG, Boiler Work and Haasf
Pipes made By this estab ushmc1t. r1vets1 ~
hydraulic rivetiag machtuerys taa< 41alttT 81
work being far superior to hand work
SHIP WORN. ship and Steam caRstkzs. $500
Winches. AIR and Circulating Pumps. u.1r
after the most approved plana. 1870 -
SOLE Agents and manufaeturers for f1s Pncf1r
Coast OF the Heias safety Boiler
PUMPS-Direct Acting Pumps for irrfGztin1 ~
DsTy Valve Motion. snpe-to< q an szbss
pump
JOHN DHER------------------- = nn,fl,si,l
ROOM No. airs.sprseksis' Blosh.
1851 i3S7-Q
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21

Judging from the reports of how
sugar was shipped into San Fran
cisco, one would think all of the Ha-
waiian product was sent there last
month; but to see the way it is taken
into the Zealandia would indicate
there is still more to ship.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21
Nrw aourrtisslllruis
: aTrY'S TriCOpheFOuS
csssb!;snsd fSof.

Established 1901.
gaiar6lo fCs renewins. nTis1p fins ~
sbsauiisying the hair. removing rclEzf. dnA1fzE.
and all affections Of TIE scalp. snd eu-ing exp
lions Of the skin diseases Of the giarl.s mzsczs
land integument-. and rslisving si'rgS cnf..
bruises. sprains, etc. The affinity hrs-ese u
membranes which constitute the ala sn3 les'
h'lr which draws It's snsteRance froEa his ,Tps
envelope is very close. al di<eases - - h.ir
! r-iginate in the skin OF the head- IftAapsrs'
( TIC scalp are eloSsvd. oristhe hlooi asa olhe-
Ed;ds do not cirenlaie freely th-ua-s Ne SD
vessels which feed the roots vim us,,<rursa 90
1impart life to the 1ores. tAs rssa;t . sc,,rf.
6endruf, shedding ofthe hsir. grszas<., z-5ncss
and harshncss Of the Essnsnss. ehl esrizs Ma
ness. as the case may Be Strnnlste ne sks1 . ]
.heaIthful action with BaryJss Trfsopher-I
Gus, and the torpid vess IS. rccsFrilg 49,
activity, win annihilate the disease. n ~
affections OF the skin and Of the srSss<1sa e.
muscles and integnmcuts the prorcss azs ~ +
effect are the sams- Il IS upon the skin. - /
muscular ahre. and the glands tat DzrFYss'
has its speciEe ac;iuz. - .
In all affections and injuries Of these c-ansi Z
lis = sovereign n redy.
Beware or C0unserfsfta.
|zzzzz-------z-=z-z------
From the Greatest Living Frina nuana.
Madame Adelin8 PaEri- NicplnA -,
McNrExmEo. JOY IN. 1SX
NESsRs. BARCLAY = Co., New Iork-
Dear Strs IL TAXA pleasure N announcing -
you that BAKKx's FIoRIDA WATERi- ole - ~
few articles always TO be found On ny dreszi1E
lease. In my conception il i one Of ths ess1 q
Toilet waters and for the bath il Is nnt only l.
'licious, but refreshing ard inTisprrci1F
recommend Il without reserve.
RsaS:s :&N 60
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21
Supreme Court, Hawaiian Islands.

Supreme Court, Hawaiian Islands.
In BancO.
SPECIAL TERM, MARCH 30, 1891.
BEFORE JUDD, C. j., M'CULLY, BECKER
TON AND DOLE, j j.
NARCIssE PERRY VS.. OTTo LUDLOFF
AND ALBERT LUDLoFF.
Exceptions from Mr. Justice DOLE,
sitting as Intermediary Court of
Oahu.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21

Yard sprinklers placed SO as to
sprinkle passers-by walking along
the streets should be proclaimed as
public nuisanees. They are quite
numerous In town.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21
Nrw Aourrtissnlsnts.
Notice to Creditors

Estate Rev. W. P. Kahale, Deceased.
4 Office is HEREBY GIVEN TO ALL
~ persons having claims against the es-
tate of Rev. w. P. Kahal e, late Of Wailu-
ku, Maui, deceased. to present the same to
the undersigned within 81 months of the
date OF publication of tn is notice or they
will be forever barred.
WILLIAM D. SMITH,
Executor VIII of Rev w. p. Kahale.
Honolulu, April Is, I8t Il.
2743 1871. At
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21
BEFORE JUDD, C. j.
MONDAY, April IL

MONDAY, April Ii.
r. B. Baker ct al VS.. Mary Buckle
ct al. Ordered that the report of j..
f Brown, commissioner, be approved
and confirmed, and that he proceed
to sell certain lands in the decree
mentioned. Smith for plaintiffs;
Rosa for defendants.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21


In the Supreme Court of the Ha-
Waiian Islands.
In BancO.
SPECIAL TERM, MARCH Both, 1891.
The KING VS.. j. r. GAsPAR.
Exceptions from the Third Judi
cial Circuit Court.
BEFORE JUDD, C. j., M'CULLY, BIcKERToN
AND DOLE, ]. J.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21
BEFORE BICKERToN,

The Queen VS.. All See, Hin Pc,
All Chung and Ephung. Main
tanning and conducting lottery.
Appeal from Honolulu Police Court.
Tried by a foreign jury, verdict,
acquittal, three dissenting. Creigh-
ton for the Crown; Peterson for
defendants.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21

SPECIAL TERM, MARCH Both, 1891.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-04-21
BEFORE DOLE, j.

Bankruptcy of VIM. II. Daniels.
Ordered in petition of R. w. Nc
Chesney, creditor, that said W. Fl.
Daniels, of Waikiki, Maui, be adj
judged bankrupt,and that Thursday,
April %, inst, be appointed for
proof of claims and election of as
signees. Hatch for petitioning cred
The Fort Worth gazette. (Fort Worth, Tex.) 1891-189?, 1891-04-02

dollar and amasscd a fortune. He
was gallant soldier in the Confeder-
ate army, went out with the Twenty-fourth
Texas regiment, under the command OF
Capt. Mitchell, and served during the en-
tire four years. He was a Mason in high
standing and was buried with Masonic hon
ors. He vas also an Odd Fellow.
He was ffty-fve years Of age. The
people lose q noble citizen and
his family q kind and loving father.
He leaves nine children and seven grand
children 10 mourn his sad loss. His re-
mains we're inferred in the city cemetery at
O'Clock this evening BY the side Of his
loved companion, who died about two years
ago. The corpse was followed to the grave
by one of the largest professions ever seen
in this place. Little, old and young, all
seemed eager TO pay their respects 10 an
esteemed citizen, and ordinations could be
heard on every side, "a good man is gone"
The entire community deeply sympathizc
with the hesrt-broben family. who are
completely crushed with grief Two Of his
daughters tainted at the grave and had 10
be carried home by a physician. The cry
ing and weeping OF the youngest son, aged
eight years, was indeed heart reEdiug. The
beautiful residence and happy home OF
few days ago is now shrouded in the deep
est gloom and left without father or
mother. He was wealthy and carried heavy
insurance.
The Fort Worth gazette. (Fort Worth, Tex.) 1891-189?, 1891-04-02
INDIAN TRIBAL AUTONOMY.
It Will Soon be Thing of the Past.
sQuaw Men in the Chickasaw
Nation Uneasy.
Special to the Gazette.

Special to the Gazette.
ARDNoRE, l. r, March 27.-The Chicka-
saw legislature is now in extra session ct
Tishomingo. 1t is supposed they have met
to act jointly with the Choctaws to confirm
the recent act of congress in appropriating
about $1,000, 900 for the purchase of that
part of the leased district occupied by the
CheyenneS and Arapahoes. 1t is likely that
some action will be taken by the body in the
intruder matter. ',The squaw men, are
apprehensiye lest the full-blood legislators
pass an act debarring them from sharing in
the recent appropriation, and many of them
are taking out United States citizenship at
this term of the Federal court in order that
they may sue for their rights in this court
So far, a dozen or more have taken the oath
of allegiance, and it is safe to predict that
many will follow at once. Since the Sam
Paul campaign in August the feeling against
the intermarriage citizens has been very
bitter among the Chickasaws, and the pol
icy of the Byrd administration is very OPP
pressive toward that element. Since the
opening Of Oklahoma and the establishment
of Federal court within the bounds Of the
Indian Territory. the conflict of authority
between the tribal and Federal governments
has demonstrated the futility Of longer
continuing tribal relations, and the Indians
are quickly realizing that they must en-
brace the new order Of things. As a con-
sequence great many blood Indians will
accept American citizenship, and the dis
ruption of tribal autonomy is certain
The Fort Worth gazette. (Fort Worth, Tex.) 1891-189?, 1891-04-02
To BE Tried by the Civil Court.
Special to the Gazette.


WASHINGTON, March 26-Solicitor- Cen
eral Taft said this morning that the depart
ment of justice had requested the war dc
partment to order the surrender OF The two
Indians accused of the murder Of Lieut.
Casey to the United States marshal in
South Dakota for trial b. the civil court.
He had not yet learned that the request
had been refused, and hence there WAS 70
ground for saying that conflict OF author
ity had arisen between the two depart
Elents. The fact that there was war in
progress vt the time of the murder might
have some ultimate bearing Oh the relative
jurisdiction of the military and civil powers,
but that would have &c be considered
WHEN ALL FACTS
were fully-set forth. He knew of no reason
now why the men should not be delivered
up and tried by the Federal court. In refer
ence to the report that the lieutenant who
has the men in his custody had refused 70
surrender them because Gen. Miles had
issued an order that they should not be
given up until The case OF some other In
diGns indicted for murder in South Dakota
W as disposed of, the solicitor general said:
Il do not see that two cases are parallel or
related to each other-in case lust men
toned believe murder was committed out
side of the reservation, and in that event Of
course the question OF Jurisdiction would be
between the Federal anu state authorities,
and not, as in the Casey case, between the
military and civil branches of the Federal
court"
At the war department Assistant Secre-
tary Grant said that the request OF the de-
partment of justice had not Jet reached him
The Fort Worth gazette. (Fort Worth, Tex.) 1891-189?, 1891-04-02
THE SPEAKERSHIP.
CONGRESSMAN M'MlLLAN OF
TENNESSEE AFTER 1T.
Said He: "Some Southern Man VIII Pre-
side Over the Next National House,"
Thinks His Chances Good.
Special 70 the Gazette.

NEW YORK. March 26.-Congresslnan
Benton II. Mcmillan of Tennessee, who is
stopping at the Hoffman house, is in the
city to see how many of New York's con-
Ercssmen he can get 10 vote for him for
speaker of the house. He realizes that the
New York delegation viii be the biggest
card outside of the Southern support he
viii have in the game, and is determined to
leave no stone untmned TO secure pledges
here if possible.
Congressman Mcmillan said to friend
that he WAS certain that q Southern man
viii preside over the house. There are
several candidates for the place from the
South besides myself" continued he.
There's Mills Of Texas, Hatch OF Missouri,
and Blount ana Crisp of Georgia l think
l have Us many supporters from the South
as any of them, Judging from voluntary ex-
prcSSious of my fellow-mcmbers.
"Will we change Reeds rules3 Indeed
we VIII. Mind you. | am not carping at
Reed. but his election TO the chair was q
very good thing for the Democrats. He
went into the speakers chair as an ex-
ponent of extreme ideas, and he carried
them out TO the letter They were re-
jevied by the people at the polls, and the
Democrats got the benefit Of it. l be-
lieve ii is always best TO put strong men
10 the front TO emphasize ideas which are
at issue and give the public chance to
see those Ideas in practice 50 that they may
be passed gpon by the voters.
The Fort Worth gazette. (Fort Worth, Tex.) 1891-189?, 1891-04-02
Climatic Influences on Diseases.

WASHINGTON, March 26.-The census Of
fee to-day issued bulletin upon the sub
iect of distribution Of population in accord
ance with the mean relative humidity Of
the atmosphere. The reason for publishing
these statistics is because of the climatic
influences on diseases. 1t shows that nearly
al the population Of the United States
breathe an atmosphere containing IS
to rs per cent of its full ca
pacity Of moisture, that is, the atmosphere
is from two-thirds to three-fourths sat
urated. In 1890, 81, 036.000 out OF 62, 6222, 80
We're found in this region; in 1880, Al, 559, 100
out Of 80, 155, 7S, and in 1870, 81, "a, 600 out
of 3S,55S,3 The number Of inhabitants
living in drier atmosphere was at each
census comparatively trifling, numbering
in 1870 less than half million, and in
1890 less than 2,0Oo, 900. In moister stmos-
phere were found larger numb ers scattered
along the gulf coast and shores of wash
ington and Oregon. The most rapid in
crease, says the bulletin, has been found at
the top and bottom OF the scale, and par
ticularly in the more arid region, whore
the population has nearly doubled during
each Of the last two periods.
The Fort Worth gazette. (Fort Worth, Tex.) 1891-189?, 1891-04-02
LAND ALIENATION.
Subject of Compelling Private Corpora
tions to Alternate Treated by Terrell.
30 +ha

Subject of Compelling Private Corpora
tions to Alternate Treated by Terrell.
Special to the Gazette.
AUSTIN, TEX, March 27-In his speech
to-day on the subject Of compelling private
corporations TO ALLEVIATE their LIND, Terrell
said that formerly the plan Of special char
tiers for private corporations was intended
as check against monopoHes. Now the
general incorporation law encouraged
them. He urged that his amendment was
only carrying out the recommendation OF
the last state platform relative to corporate
ownership of land. Asked if he had not
voted in q former legislature to give 3000,
600 acres to build the capitol, he replied
that his bill introduced in 1876 in the senate
provided that the land for the building Of
the capitol should be sold to individuals III
feated by the land corporations and others,
and he was finally compelled to &C
cept the plan adopted, which did
not contemplate the sale Of the land
to corporation, but to individuals. He
held that it was good public policy, us well
US conformsble to the demands Of the Dem
ocratic party Of the state that corporate
ownership of land should be terminated,
and forever cease. He would prefer to
have such ownership end in two years, but
would be satisfied to make it five The
adoption of Connellee's amendment fixing
the limit at ten years disguised him, SO
much as 10 cause him to vote against the
whole thing. If the bill as it now is DO
comes law, all corporate ownership OF
land in the state, with certain exceptions,
shall cease and be terminated BY the sale
of such land in severalty to individuals
within ten years, provided the courts sus-
tain the law This latter IS by no means
certain, as the corporation bill is designed
to incorporate and not TO limit or terminate
the life of corporations.
Whether or not It be good law, there can
be no doubt about its being good politics.