davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-11-06

be taxed to both. In SO far as the
contract is peculiarly beneficial tc
one party it is burden to the other
In the case at bar besides the labor
contracts is the contract for making
sugar. 1t is tripartite. It is an
agreement for doing work. Yet the
land, the cane, the mill and machin-
cry are all taxed. The work can
only be done at that mill.
Every item of property which
makes the contract of any value has
been taxed.
"a contract, moreover, is merely
the evidence of an agreement; the
title upon which one may demand
that something shall be done. It is
no more taxable than title deeds or
other evidences of rights"
eff q contract is assessable, why
not the breach of it. A breach is
capable of exact computation. This
would lead to the taxation of chooses
in action"
Without going into the general
question whether contracts may be
taxed under our statutes, we fail to
see how the principal contract be-
fore us has any value separate and
apart from the tangible property
for the management of which
it was entered into. The land,
the crops of cane, the mill
and machinery are all assessed and
taxes on them have been paid. And,
presumably, the fact, that the land
was being cultivated and the cane
grown and the mill run to manufac-
ture sugar under a contract to do so
has entered into the assessed value
of this property. To tax every item
of tangible property and then tax an
engagement for the management or
use of this property would under
these circumstances be double taxa
ton, which is unconstitutional.
The labor contracts are also as
sessed. These are engagements in
writing for personal services by
human beings to be paid for in sti-
pulated sums. These are not assign
able. They may be valuable to the
employer Or not according as to
whether the wages paid are high or
low, and whether the labor per-
formed is efficient and produces a
profit. They cannot be sold in mar
ket overt, and their assessable value
to the employer, if they have any, is
coniectural and uncertain. We think
they are not taxable.
Let judgment be entered for the
plaintiff, as claimed.
f. M. Hatch, for plaintiffs
Attorney General Creighton,
for defendant.
Honolulu, October 80, 1891.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-11-06

HlHE COURT PER JUDD, c. J.
bgislature of 1886 added to
saltion of what shall be
PERSONAL property, for the
Of taxation, " jewelry,
machinery, franchises, pat
afactS." All but the last
lns are clearly goods, chat
rs and merchandise" by the
law taxable, and the particu-
tatiOn of "jewelry, watches
'1n!nery" added nothing to
franchises and patents are
sOIe objects but in so far as
" Value it may be that they
as' They are not question
ae cases. In the cases be-
70 lave to consider whether
"lracts are taxable. The
Introduced in evidence be-
an agreement in three
tween the owner of certain
I, 11'ual, the proprietors of a
N NJ! and the planters of sugar
LUIS contract together with
i1f contracts have been
! y u tne mill proprietors as
!, , 1oen, $4,000 in 1889 and
/ u l1sO, and to the planters
! ~ 1o sHem $4,000 in 1889 and
/ 70 St' The record shows
~ axes thereon have been
/, = protest by both these
'le Years 1889 and 1890,
/ J is Of these suits is to re-
'A'' mus paid, with in
sS s,snd Il by counsel for the
Ds5o mat Il the Legislature
H. as contracts" as such
an not for the Court to an
Ss IT, Tor the plaintiffs sub
S,ti y assess contracts would
a.ai; r Of u the rule against
/ '' IN laid down in Castle
nav, 63. All of the
d i p na IN regard to which
b t u is taxed. IF the
siiei60 b build a house, the
s,s11 The house is to be
GT5ioail 50 are the building
What l Ia are to go into the
Bnnireem remains to be taxed ?
pIe aansn labor is not tD to be
How men NJ are treated as
perforrm' n en- can an agree
# tsra.:l labor be a proper
One ~SA atI A contract
h sons aal9e. 1t is an agree
0Ng so lung Or to refrain
sIieJ5o @a met It is not
ad be- Cd oan ! pass from hand
@5ss 81 m sod in open market
p pr nsde out Of contract act,
i1iijttu's, industry, fore
What ,; and hopes are not
tern' a. limit unit can be placed oei
Pest + contracts Ton for taxa
in wan cannot be restricted
ss.b ts saifl .7g. If any con.
as t6oat then why not all
p aco 'nOse for the sale ale OF ~
I'd p us4ii.s 81, that bet~eep - !
Nk! f fbbsient, a householder.
! .'pp pnf, due Of a contract adaaet
Vt lle The fn1i between the
/ '0i' value ,annot
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-11-06
3msimess Cards.
The Edison Monograph !
INVENTED BY THOMAS A. EDISON.

TTNHE ONLY PERFECT APPARA-
i tus invented for manifolding auto
graphic and typewriting.
No practice whatever is required to
produce excellent work.
The writing can be done with the
same facility and ease as though pencil
or pen were used on common paper and
in the same flowing or flourishing style.
At least 5000 copies can be made from
one writing at the rate of 600 an hour.
Music, sketching, mechanical draw
ings, maps, and in fact anything that
can be done with lead pencil can be
produced by the MimeOgraphic pro-
cess.
It's range or scope of work is practi-
cally unlimited. Copying in colors is
done to perfection in addition to the
variety of work mentioned above.
9C Call and see the machine in
operation.
T. W. HOBRON, Agent
For the Hawaiian Islands,
2824-y &c Fort St., Honolulu.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-11-06
PAPER HANGINGi

GIVE j. L. MEYER THE PAINTER
IN a call and have your paper hanging
done promptly and neatly. 100 Fort ST.
T. O. Box 387. Nut. Tel. G62. 2823-Iv
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-11-06
Stocks.

Inter-Island. Ice Co.
2881-q
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-11-06
advertisements.
O. A. STEVEN,
General Agent,
Cor. Fort and Merchant Streets
For Sale.

For Sale.
Piikoi St.; fine corner Lot-level; water
laid on; fruit trees; fine building site
would cut into separate Lots.
Kinau St.: Lot look 100, near Base Ball
grounds.
Several fine Lots on Punchbowl; magni-
ficent view.
Queen St.: Lot with Houses and Store;
rents for $33. Price $2250.
Beretania St.. S4x17Oft. Price $500.
The cheapest buy in town!
Nearly an Acre of Land, 20 minutes
from town. $500.
Palama: 3 minutes from street cars;
near Reform School; 4Sx110ft. Price 5000.
20 Acres Coffee Land Maui.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-11-06

aDreme Court Of the Ha-
Vaiian Islands.
In BanCO.
T,sArIoS-AUGUsr &c, 1891.
Esha Sugar Company vs.. the
Hawaiian Government.
Er and E. Kruse vs.. the Ha-
Faiian Government.
EDD, c. j., BICKERTON, AND
ILL; M'CULLY, j., ABSENT.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-11-06
Money.

$1,000 to Loan about 18th November on
first-class security. Printed application
blanks for description of property can be
had at my Office.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-11-06
For Rent.

2 Cottages: Fort St.; SIG.
House of Z rooms; bath room; stabling;
all conYeniences. Large lot-open on two
streets servants houses.
House of rooms, in nice locality, two
minutes from street car line; elegantly
fitted up with all cOnveniences; outhouses.
Cottage on Hotel street.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-11-06

!lim Of a contract to cultivate
cane on the one part, and to
lture it on the other part. is
l3r the value Of the property
Z BY the contract has been en-
.a5FFhatever value there is in the
|-1 and being assessed therefor
Ne2ment of the contract would
-LlitiOnal assessment of a value
assessed, which would involve
ahIstiOn.
Eacts are not taxable, not being
-ae and having no asseSsable
klihemselves.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-09-24
Executors Sales

DY AUTHORITY GIVEN Us IN
- the will of F. II. Dominick, de-
ceased, We will sell at public auction,
at Newberry Court House, on saleday
in October, the following property:
!. The engine, gins and press, With
shafting, puileys, betting and other
appurtenances now on the mill and
gin lot in the town Of Newberry.
=. The Mill and Gin Lot, with Grist
Mill, on corner of Pratt and Vincent
Streets, in the town of Newberry:
Also the following lots situated at
the Anderson Place, the late residence
of +. H. Dominick:
]. Wooden store and Lot Of OBe-half
of One Acre.
,. Brick store and Elghty-three hun
dledtns (s3-100) Of an Acre.
,. The McIntire House and lot of
One and Tlirty-two huHdredths of an
Acre.
4. The.Wood shop and lot of Twenty
four hundredths of an Acre.
). The old Blacksmith shop and lot
of Fifteen hundredths of an Acre.
Plats will be exhibited at time of
sales.
Terms: The personal property will
be sold for cash.
The lots will be sold for one-third
cash, balance payable in two equal an
nual instalments, with interest from
day of sale, secured by bond of pur-
chaser and mortgage Of premises.
Purchaser must pay for papers.
J. L. DOMINICK,
THOS. NJ. NEEL,
GEO. B. CROMER,
Qualified Executors.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-09-24
The Cross Mother.
From Harper's BaZar.

At no time in her busy days is an
intelligent mother so apt to fold the
arms and close the eyes of maternal
Justice as when she is cross-simply
and undoubtedly cross. This cTossness
is chiefly caused by fatisue-weariness
of mind and body, and soL,eoimes Of
soul. With tired nerves and weary
body, she cannot endure the common
demands made upon her, and ill-tem-
per follows. She sows bitter feelings
and repels loving attentions with her
irritable hasty words. Broadly speak
ing, no mother has any right to get so
tired. She cannot afford it. 1t takes
too much out of her life, and too much
out of her chiIdren's life. Such con-
dition can more frequently be pre-
vented than is generally believed.
The remedy lies near at hand. Let a
mother find out what makes her cross,
and then let her avoid the cause if pos
sible. If social pleasures weary her,
let them be decidedly lessened. If
there is too much sewing, too much
cooking, or too many household cares,
lessen them. If economical efforts
cause the severe strain, stop economic
ing at such a cost.
That is the worst of wastes. Let the
first economy be of that precious COM
modify, a mothers strength. Even
the extent of ones religious and phil
anthropic work should be carefully ex-
amined, and if the trouble lies there,
calmly and wisely dismiss some or all
of it from the list of duties, for "what
doth it profit man if be gain the
whole world and lose his own soul ?''
It is surprising how easily seeming
interests or needs can be spared with
out injury to the home life whenever
the thoughtful woman seeks to find
them, and surely one of the worst of
hosehold influences is crossness.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-09-24
Nhe s@eyall and J(eN5>
PUBLISHED
EVERY THURSDAY AT
NEW BERRY, S. G.
PUBLISHED
CLOSING UP THE coosAw CASE.
rhe Company Forever Enjoined From
Mining in Coosaw River-Each
Party to Pay Their own Costs
Receiver Brooks CoInpen-
satiGn.
THE State.

CHARLESTON, Sept. lS.-The follow
ing order in the Coosaw litigation was
filed in the United States court to-day
By Judge Simonton:
s.That the grant or privilege OF dlgg-
ing, mining and removing phosphate
rocks and phosphate deposits from 'ne
navigable streams Of the State otoouth
Carolina, given to the defendant uhoel
the act Of assembly of 1870, mentioned
in the pleadings, for the perlod OF
twentv-one years from the passage OF
the said act, alta royalty ofSl per ton'
became, and was under me provisions
of the act of 1S76s an exclusive grant
of privilege of digging, mining and re-
moving such deposits from the bed OF
the Coosaw River, at the royalty atore-
said. upon the conditions and within
the limits mentioned in said last named
act, for the remainder Of said period OF
twenty-one years, and no longer. That
said grant or privilege in said defen-
dants has now ceased and determined.
.sThat the defendants, the CoosaW
Miping Company, and all persons
claiming under them, and the servants,
agents and employees of them, be, and
each OF them are, forever restrained and
enioined from, in any way, claiming
or attempting to claim, any right, title,
interest, estate or grant under or oy
virtue of said act or acts N or to the
phosphate rock or phosphate deposits
in the beds of Coosaw River, IN the
State of South Carolina, and from
digging, mining or removing, or al
tempting to dig, mine or remove the
same, or any part thereof.
s'That nothing in this decree con-
tanned shall he construed to enjoin the
said defendants, the Coosaw Mining
Company, from hereafter mining IN
the bed of said Coosaw River, when
thereunto duly authorized under any
law of the State of South Carolina.
THAT Z. R. Brooks, the receiver,
heretofore appointed under the order
of the State court, be discharged from
MS receivership, and that the plaintiffs
paw him the sum of 1925, hereby ad-
judged to be reasonable compensation
to him as such receiver.
''That the defendants pay the costs
of the marshal and clerk, and, with this
exception, each party pay their own
COSTS"
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-09-24
"The Bug in the Butterrlilk. .
1Edcefeld Chronicle. !

[Edgefeld Chronicle.1
At Batesburg Tom Watson, after a
recklessly exaggerated picture of the
wrongs and poverty of the Southern
farmer, cried out with pitiful and
puerile wagyery: '1sn't this so, boys
Yes, boys, there's bug in the butter
milk somewhere, surer'
Well, boys, since the Batesburg
meeting the bug has been found. Tom
Watson has been nursing him and
knew exactly where he was. Did the
gentlemen who held up their bands
understand what he meant? Here is
the explanotion : The negro laborers
of the State are to be organized into
Alliances, and are to be used as an
auxiliary force in changing the politi-
cal order of things in South Carolina.
Gentlemen, changing the political
order of things in South Carolina" is
polite phrase. which really means dc
stroying the Democratic party. and
bringing back. Republican rule; for
mark you; when thc Alliance shall
have destroyed the Democratic party,
then the Republican party will turn
round and wipe the Alliance clean out
of existence.
The day is coming, gentlemen, when
you will wish that instead of a bug,
your buttermiIk had hell-fre and DAM
nation ia it, that you might pour it
out upon the vile heads of the dema-
gog1es who are so basely misleading
you.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-09-24
Fashion Notes.

From the Dry Goods Chronicle.
Necklaces are coming into fashion
again.
Sealskin plush Will he considerably
worn later on.
Black chiffon frills are worn with
white dresses.
Accordion plating seems likely to be
fashionable again.
Diagonal or serpentine stripes are q
Partisan fad just now.
Beads and metal fringe from +! to IS
inches in depth, are used rs trimmings.
Silk warp Venetian Grape or Grape
cloth is used for the closest mourning.
Nothing will be as standard in colors
as brown for fall and winter dress
goods.
Dress goods fabrics are how made in
which scailops are woven in the mate
rial itself.
Sleeves are put in as high on the
shoulders as ever, and are made very
full about the top.
Flannelettes will be much used in
England for drapery goods The coming
fall and winter.
In Paris waistcoats are now being
substituted for the prevalent loose
chemisette or blouse.
Fringes of all sorts have come in
again-deep and narrow, made OF all
silk or silk combined with beads.
Rough fancy cloths promise to be
very fashionable throughout the au-
tumn for long cloaks and EIantles.
Jackets, which have been worn
rather plain of late, are for the next
few months to be heavily laden with
grimp arabesques, richly braided or
embroidered.
Most of the fall mantles which have
appeared are of the simple loose style,
merely drawn in at the back Of the
waist and with the shoulder well
marked by gathers or puffings.
Some pret y blazers are now almtst
entirely covered with "cadet" buttons,
and on the collar, cuffs and wherever
there is the shadow Of an excuse, love
knots are embroidered, just one tone
deeper. r.than the color of the cloth.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-09-24
DO YOU KNOW

Where the largest and most COM
plete Clothing and Gents Furnishing
Houseiu S0uli. Carolina is located: If
you do not, the next time you visit Co
Iumbia give ne 4 little friendly call.
and I think you'll he convinced thai
mine is the place. This season l nave
been unusually fortunate in securing
bargains, and you'll find the largest
stock and nobbiest style in Fall and
Winter C.othing ever shown in this
State. The prices will astonish, because
this is exclusively j Gents Clothing
and Furnishing Store, and buying in
large quantities I get the average of
lower prices than can be had by those
carrying mixed stocks.
In boys Clothing you'll certainly be
pleased with the stock | am showing
this season. 1t contains stock Of my
own careful selection, and is so eNten-
sive and varied that you'll find every
thing necessary and desirable. In ad-
dition to Clothing, have Boys ur-
nishings, Hats and Shoes, making this
a complete outfitting depot.
In Underwear have exclusive sale
in Columbia of Dr. Jeager's celebrated
Sanitary Woolen System aud also of
DR.. Warmers we'll known Sanitary
Woolen System. These goods are re-
commended by many of the leading
and you'll get them from
me at catalogue prices.
NJ. L. KINARD,
100 Main Street, Columbia, S. c.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-09-24
Death of Col. S. Z. ickens In Charleston
rsneo;.l +o Greenville News. I

Especial to Greenville News
CHARLESTON, S. c., Sept. l7.-Col
Samuel 3. Pickens died this morning,
aged 50 years: He belonged TO the IA
NOUS South Carolina family Of Pickens,
and was relative of the war governor
Of this State. During the war he COM
manded the Twelfth Alabama infantry,
Confederate army, being probably the
youngest officer in the service OF the
rank of colonel, it having been con-
ferred on him when he was only 25
years old. He was in all the battles
fought by his regiment except when
wounded, and surrendered at Apo
mattoX. ... -. -
Since the war be has followed rail-
road pursuits, being at the time of his
death general freight and passenger
agent ofthe South Carolina and Char
lesion, Cincinnati & Chicago rail road
companies. He ranked high among
Ga1lTOGO LISH VI bAS COuSu. 1S1SS1 oAAo
ofsympathy have been pouring in all
day from rail road magnates of the
South. The funeral will take place to-
morrow. :. .....
Colonel Pickens was born at Pendie-
ton, S. g., in 1889, and, was educated at
the South Carolina Military academy.
In 1861 he. entered the Cm,federate
army as second lieutenant but his
promotions were rapid and all for gal
lantry in action.
He was wounded at the battles of
Boonsboro', Charlottesville, Spottsyl-
Ivania and Winchester.
He entered the service of the South
Carolina railway in 1869 and has been
with that company ever since.
He leaves widow and six daughters.
Mrs. Pickens was Miss Ingram.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-09-24
THE REVOLT IN THE. ALLIANCE.
Unanimous determination Of the Conven-
ton at st. Louis to Resist the At
tempt to- Control the Individ-
ual Opinion of Mem
bers in Matters
Political.

ST. LGJIs, September l6.-The Farm
ers' and Laborers' Convention reas-
sembled this morning at ~ O'Clock.
The first order Of business was the
question on the resolutions which were
up yesterday and they were carried by
a good majority.
An effort to make the vote unani-
nous revealed only two negative voters
who did not relish the resolution cen
suring Macupe.
The committee on permanent organ
ization, with w. Polk Ieaman as
chairman, then made its report. 1t
provides for the appointment OF COM
mittee of seven, which is authorized to
submit to the next Supreme Council,
which meets at indianapolis in No
vember, the objections Of this Conven-
ton to certain parts Of the demands
which were adopted by the Supreme
Council at the Ocala Convention; also
that the committee be authorized to file
the unalterable and uudying objections
Of this Convention to the passage OF
any resolutions whatever binding the
individual membership of the Alliance
to any political course OF action, and
"we hereby protest against such action
of any previous meeting infringing
upon the individual political rights of
any member of the Order"
THE EANTI-sUB-TREAsUR PROTEST.
ST. LOUIS, September 1.-The Ma
tional committee of seven Of the Anti
Sub-Treasury Alliance met in execu-
tive session last night and selected w.
S. McAllister, of Mississippi, as chair-
man. DR.. w. Polk Yeamans was au-
thorized to draw up a protest to be
presented to the Supreme Council, and
after holding an executive session the
committee adjourned to meet in In
dianapolis next November.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-09-24
CAROLINA RAILWAY CO.

Commencing Sunday, Aug. 8, 1891, at 255
P. NJ, Passenger Trains viii run as follows un-
til further notice eastern Timer:
TO AND FROM CHARLESTON.
East DAILY:
DepartColumbia 50 M s55pm 9oOpm
Due Charleston-l III s. a 10 10 is p 10 u 50 In
West Daily:
Due Columbia...... Is a m 1000 u 1910 ? m m
TO AND FROM CAMDEN.
East DAILY
Depart Columbian. 800 am
D.~. 49,. South Daily;
Due Columbia---...- Sopm
TO AND From AUGUSTA.
East Daily:
Depart Columbia-......... & 50a No.. 5 S. m
Due gusta.................ll5 so m II Is m
West DAILY:
Depart Augusta .............. co n--... 20 p n
Due Colum bia II O0 n......l0 Is p n
Made at Union Depot, Colum bia, with Colum-
bia and Greenville Railroad by train arriving
at9.45and 1000 a. M, and departing at IS and
90 p m. Also with Charlotte, Colum bia and
Augusta Railroad by same train to and from
all points On both roads to and from Char
lotte and beyond by trains leaving Charles
ton at 5 90 p. m, and arriving at Columbia at
10 III p. 10. with Richmond and Danville Rail-
road for Cincinnati; to Cincinnatiin "a hours.
Passengers by tkese trains take supper st
Branchville.
At Charleston with steamers for New York.
Monday, Wednesday and Friday with steamer
for Jacn sopville and points on the st. Johns
River; also wit h Charleston and Savannah
Railroad to and from Savannah and at
points in Florida.
AtAugusta with Georgia and Central Rail-
roads to and from all points West and South.
Al Blackville to and from points on Barnwen
Railroad. Through ticke.s can be purchased
to all points South and West, by applying to
R. L. SFAY, .. T. A., Columbia
Z. N. WARD, General Manager.
S. B. PICKENS, Gen. Pass Agt.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-09-24
Cured Me.
A Texas Shot at Colonel Shepard.

CHICAGO, September 0.-The follow
ing dispatch was received at Morld's
Fair headquarters to-day from Wealth
erford, Texas, the headquarters OF the
Texas State Fair Association:
"One hundred thousand Texans pro-
test against the Sunday closing of the
Worlds Fair. The day Of fanaticism
is passed"
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-09-24
Appropriate.
From Texas Siftings.

From Texas Siftings.]
A countryman and his bride applied
at the box Office for tickets.
"Orchestra chairs, parquette or fami-
ly circle?" asked the ticket seller.
"Which'll it be, Mariar?" said the
groom.
"WeIl," she replied, with blush.
"bein' as how we're married now, per-
haps we had better buy the family
circle"
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-09-24
just Admiration.

From the Sioux City Times.
Mr.. Summerheim-So your old friend
Abrahams has failed?
Mr.. Sonneburn-Ya; three hundred
tousane liaDilities.
Mr.. Summerhcim-And how much
assets?
Mr.. Son1ebUrn-Nutting gs a. all?
Mr.. Sunni :im-Weeping Rachel,
what a ger