davidaulloa/AmericanStories huggingface dataset:
The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-05-14
AN ARTIFICIAL CIRCULATION.

Is anyone so blind as to be deceiv-
ed by the hrag of the Advertiser in
this mornings issue2 A claim is
made of daily consumption of four
reams of paper. We shall point out
the deception. Four reams means
1920 sheets. Take one-third of this
amount for the extra page, which is
GAO sheets; and from 400 to 500 ex-
ira for sale of baseball ballots, and
what daily circulation has the Adver-
tiser? About SO0l The extra edition
containing the ballot consists Of only
1880 copies. This can be easily
verified by their own statements of
sales of papers for voting purposes
omly--a.. art1iciat circuIation, and
at best only temporary.
The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-05-14
SPECIAL NESTING.

STOCKIIOLDERS of Waihre Sugar
- Company will take notice that IL
Special Meeting of the Company will be
held at the rflice of g. Brewer a. CO., on
the 10th day of May, 1892, at 10 O'Clock
A. NJ. j. q, CARTER,
Sec'y Waihee Sugar Co.
Honolulu, May =. 1892. 4lG lot
The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-05-14
SPECIAL Ms ETlNG.

STOCKHOLDERS of Hawaiian Agri-
- cultural Company will take notice
that IL Special Meeting of the Company
will be held at the Office of q. Brewer K,
Co., on the 2lst day of May, 1892, at 10
O'Clock A. NJ. j, @. CARTER,
Sec'y Haw. Agri, Co.
Honolulu, May 0, 1892. 4lG lit
The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-05-14
NOTICE TO MARINERS.

During the process OF deepening the
channel at the entrance to Honolulu
harbor the Dredger will be in opera
ton night and day. At night there
will be IL danger signal placed on the
forward derrick OF Dredger about 80
feet above sea level, which can be seen
by all vessels approaching the harbor,
The signal consists Red Red
Of three red lights
and white light
as in the diagram, White
the red lights being
about 3 feet apart
with the white light
M the center. Red
All steamers crossing the bar will
stop at IL safe distance from the bred,
ger and give one blast Of Their whistle
which will be answered by a single
blast from the Dredger, to be fol-
lowed by three blasts from the Dredg-
er when the passage is clear and they
can proceed.
The Tug will be on hand when not
otherwise engaged to assist sailing craft
in passing the Dredger when neces-
sary.
G. N. SPENCER,
Minister OF the Interior.
Interior Office, March 8, 1892.
QfG if
The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-05-14
FOR RENT

90 a NHE House now occupied
,gFFs J. by Il. Smith, Esq, ON
xsss2Ss Beretania street next to Mr.,
Lose. Possession given on the lst of
May next. For particulars inquire at
the Custom House.
394 If G.. L. BOARDMAN.
The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-05-14
FOR SALE!
ASSIG NEE'S NOTICE.

THE undersigned Assignee in the
Il Bankrupt Estate of Josiah Haole
of Wailuku, Maui, gives notice to all
creditors of said estate who have proved
their claims ihlt he has filed his accounts
as Assignee and "A petition for discharge.
and that he will present the same for
allowance to the Hon. S B. Dole, Asso-
ciate Justice of the Supreme Court, on
THURSDAY, the 'th May, 1892, at IL
O'Clock 4. NJ. at which time and place
any person interested can be heard.
II. l.. AUERBACH.
Assignee Estate j. Haolc.
Honolulu, May IL. 1899. 420 3t
The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-05-14
TO LET

yss a THE Stores in darlington
&SsSES Block" recently occupied
asfseashE by Il. G. Schuman are to let,
together with the Cellar. This Cellar is
the finest and driest in the city. Apply to
@. BREWER & CO.,
All I'm Queen street.
The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-05-14
HOTEL FOR SALE

AMA THAT Fine New, Two
:af Story Building opposite
ssssaT the Railway Station, Wailuku,
at present occupied by Geo. w. Macfar-
lane 81 co. This is the best business
stand in Wailuku, and suitable for either
"A hotel or store. 1t commands fine
view of the harbor. For terms apply to
the undersigned,
MRS. f. BATCHELOR,
400 If $50 Nuuanu Avenue.
The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-05-14
Sale of Lease of the Govern
ment Land of Kaipapau,
Koolauloa, Oahu.

On WEDNESDAY,, June Is, 1892,
at II o'clock noon, at the front en-
trance of Aliiolani Hale will be sold
at Public Auction the Lease of the
Government Land of Kaipapau, Koo-
lauloa, Oahu, containing an area of
100 acres more or less.
Term-Lease for 90 years.
Upset price, $50 per annum, paya-
ble semi-annually in advance.
C. N. SPENCER,
Minister of the Interior.
Interior Office, May, l3, 1892.
42l 81
MIR. l.. Won TEMPSKY has this
day been appointed Commissioner Of
Fences for the District of Makawao,
Island of Maui, vice Randall Won Temp
sky, resigned,
The Board now consists as follows ::
l.. Won TEMPSKY, CHAIRMAN,
A. HOOKING,
f. HELEKUNIHI.
c. N. SPENCER,
Minister OF the Interior.
Interior Office, May 10, 1892.
41S-3t
Mr.. L. Won TEMPSKY has this
day been appointed Homestead Land
Agent for the District Of Makawao,
Island of Maui, vice r. Won Tempsky,
resigned.
G. N. SPENCER,
Minister of the Interior.
Interior Office, May 10, 1892.
42l-3t
J. N. BABCOCK, ESQ, has this day
been appointed an Agent to grant
Marriage Licenses for Kalaupapa and
Kalawlo, Island of Molokai, vice D.
G. Peirce, resigned.
G. N. SPENCER,
Minister of the Interior.
Interior Office, May IL, 1892.
4lS-3t
The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-05-14
FOR SALE
FOR SALE
PAPER HANGING I

HIVE j. L MEYER the Painter call
N and have your Paper Hanging done
promptly and neatly. l30 Fort street.
p. o. Box 387. Mutual Telephone
ff2. lh6 If
The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-05-14
Ren1Ond Grove
SATURDAY, May IA, 1892.
CAPT. BEACH,
IT Ii l.
Celebrated Diver: :Man-Fiyh

Will give one of his Wonderful exhi-
bitions of EATING, DRINKING,
SMOKING and WRITING under
water, giving his performance in a
large Crystal Aquarium, containing
600 gallons of water, III full view of
the audience. An act that actually
dehes the laws Of nature, and one that
to see is to never forget.
The lIippopotamus, the mighty
monster of the Indies, fails to remain
under water so great II length of time
as BEACH THE MAN-FISH. The
Seal of the Arctic and Whale, obtain
ing their food and suslenance from
the sea, cannot remain under water
SO great a length OF time as BEACH
THE MAN-FISH
NOTE The nudiru &c are privileged
to examine Aquarium and Water, to
prove there is no deception.
- The Train Leaves the Honolulu
Depot on Saturday Afternoon, May
Ia, 1899, at :45 o'clock p. M sharp
returning leaves Remond Grove at
4 10 p. m. sharp.
Tickets for Round Trip, includ-
ing Admission to PaviIion,
The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-05-14
INSU kE IN TIE
Equitable Lite Assurance
Society of the United States.
An EminentIy Conservative and Safe Company.
FINANCIAL STRENGTH.

The consideration of first importance in Judging of the condition of
strength The Equitable above all liabilities
plus other
Assets, Dec. 81, 1891, $l36,195 5l8 SO
Res re cyin1
nd Reser wnd the es-
brshmen 81 per cent valuation, 81 500 coo 1O9 COS 537 e2
Surplus, S 26292 9SG56
The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-05-14
Assets, Dec. 81, 1891,
S 26,292. 9eG.56

This Surplus after making provision Obligation
rigid calculation of Liabilities based the standard the In
Law of the which will
invested to realize interest at the of
addition
Additional Reserve looking
future standard of valuation pescrbes
Los Angeles herald., 1892-03-22

proposition to the council. They stated
that if the council would appropriate
only $1,000 they would guarantee to raise
the other thousand in order to complete
the road to Elysian park.
Another long-winded talk ensued,
which ended in a motion to transfer
$1,000 from the ealary fund to the park
fund. Again lost by vote OF ayes
and noes.
PETITIONS AND PROTESTS.
The following petitions and protests
were presented and referred to the ap-
propriate committees:
A. HI. Judson states that the proposi-
tion he made on the 10Th instant for the
sale of land for pest house will hold
good to and including Monday. the 2lst.
j. M. Erdman ct al. want cement
sidewalk laid on the south side Of An.
gelina street, between Beaudry avenue
and Figueloa street.
j. Fl. Jones ct al. want the ordinance
forbidding the peddling OF fruit within
certain limits extended 80 as to include
that portion of South Spring street lying
between Fourth and Sixth streets, and
also all cross streets within the same
limits. The city attorney was instructed
to draw an ordinance in accordance with
this petition.
w. III. Cramer ct al. want sidewalk
constructed on both sides of Twenty
fifth street, between Grand avenue and
Main street, six feet wide.
ID. G. Roberts ct al, representing III
feet. protest against the construction of
sewer on lockwood street, between
TJniOn and T,akpahOrp avapuos
J.W. Hinton ct al. want the west side
of Hooper street curbed and sidewalked
with cement.
The Vernon Irrigation company, by
four attorneys, send notice to the city
that if any further water is diverted
from the Los Angeles river for zanjas or
other purposes it will deprive the Yer
non Irrigation company of water which
it takes from the river south of the city,
and that their company will use all
means to prevent the city from doing
this.
Il. NJ. Benbaker ct al. protest against
the grade it is proposed to establish on
Boston street, between Pearl and Mon
treal streets.
The officers of the Seventh infantry,
N. G. c., invite the council to become
their guests at the muster and inspec-
ton OF field, staff and band, and COM
panies A. g and F of the Seventh infan-
try regiment at the armory on the even
ing of the 23d at 8 o'clock.
Thomas H. James ct al. want to turn.
pike Eagle street, Boyle Heights.
Henry Thomas ct al. want an ordi
nance prohibiting chickens running on
other peoples premises in the vicinity
of Hill and Seventh streets.
G. A. McCallum ct al. protest against
the ordinance to regrade Montreal street
between Bellevue and Sand streets.
G. Exert complains of a hole dug in
his property, No. 1928 Wright street,
which he wants the city to fill.
Booty & Co. ct al. want the license on
commission merchants lowered from IS
to So per month.
Los Angeles herald., 1892-03-22
BRIGHT PROSPECTS AHEAD.
A Chicago Mans Opinion of the Real
Estate Outlook.


R. w. Tansill, well known cigar
manufacturer of Chicago, has been
spending few weeks in Southern Cali
fornia. In conversation with a HERALD
representative yesterday he said: 81
am surprised and delighted with the
progress in Southern California. Busi.
ness is better here than in most parts of
the union. Your city has a splendid
future before it. One thing surprises
me and that is the bargains which are
offered in real estate. 1 have travelled a
great deal lately and I assure you there
is better chance for investment
here than in any other city
l know of. I find great many Chicago
people have been quietly buying land
here, for they generally know a good
thing when they see it. In year, or at
the most. two years, there will be sud-
den move upwards, and wise buyers now
will find themselves rich. I had in
tended to spend few months each year
in the south of France, but Southern
California suits me great deal better,
and am coming here. If all your cit
les and towns will pull together instead
OF fighting each other in the absurd way
so common in new communities, South
ern California will seon see prosperity
never dreamed of before"
Los Angeles herald., 1892-03-22
damaged. The alleged fraud is pleaded

damaged. The alleged fraud is pleaded
as defense to the action without any
showing that the defendants were dam
aged at all. Fraud without damages
furnishes no ground for action, nor is
fraud without damagea defense.'' This
is a case in equity to compel the
specific performance of contract within
the meaning of the case referred to. 1t
is an action at law. pure and simple, for
the recovery of the unpaid portion of
the purchase prico TOR the sale of certain
lots of land. The averment in the COM
plant of the tender of deed and the
bringing OF the same into court by the
plaintiff is simply an allegation of the
performance on the part of the plaintiff
of its part of the contract, but nothing
is asked of the court but money judg-
ment for the balance of the purchase
price, and the judgment would be en-
forced by an ordinary execution for
money. 1t is no more a proceeding in
equity for specific performance than
any other action for the recovery of
money upon the promise of the defend
ant, either express or implied, to pay
money upon the performance of certain
acts by the plaintiff. The complaint is
unverifed and the answer is general
denial, and by supplemental answer that
fraud was committed by plaintiff in pro-
curing contract. 1t is claimed that uI-
der this state of the pleadings the ex-
istence of the contract is in issue and
that the fraud and deceit having been
used to obtain the consent of the defend
ant to enter into such contract, there is,
therefore, no contract. But this posi-
tion is clearly untenable. A contract,
though obtained through such general
rule that it is unnecessary to cite other
authorities. Findings and Judgment
must, therefore, 60 for the plaintiff"
Los Angeles herald., 1892-03-22
AN EQUITY CASE.
AN INTERESTING DECISION BY
JUDGE VAN DYKE.
The Case of the San Gabriel Valley Land
and Water Company VS.. Mrs. Annie
Spencer-Some Valuable Points Noted.

Judge Van Dyke OF the superior court
yesterday rendered judgment for the
plaintiff in the case of the San Gabriel
Land and Water company against Mrs.
Annie Spencer. The case in question is
one that involves important points in
equity. Judge Van Dykes opinion is
as follows:
The real matter in controversy in
this case as submitted is whether the
testimony which showed deceit and
fraud on the part of the plaintiff
through it's agent could be availed of by
the defendant as defense to the action.
1t is contended on the part of the de-
fendant that it is an action for specific
performance, and that upon the discov-
cry that the promise or agreement on
the part of the defendant was obtained
through fraud or deceit, whether any
damages are shown or not, court of
equity will not lend itself to aid the
plaintiff in compelling performance,
but will turn him out of court.
In support of this contention on the
part of defendants counsel the case of
Kelly We. G. P. R. R. Co., "A CAL, 562,
is relied upon. That was suit to COM
pei the execution of conveyance. 1t
is said by the court in that case that
the underlying principle is that court
of equity will not make itself an instru-
ment to carry out fraud, whether the
person to be injured be party to the
contract or not, although the contract
might be good in law and which equity
would refuse to cancel.
But the learned counsel are mistaken
in assuming that fraud is nevertheless
a contract until rescinded. ga consent
which is not free is nevertheless not
absolutely void, but may be rescinded
by the party in the manner prescribed
by the chapter on rescission." @. @.
1866. There was no rescission or at
tempted rescission in this case on the
part of defendant. There are no
damages alleged by way of recoupment
resulting from the fraud and deceit, nor
was there any testimony on the trial
showing damage. The action, there.
fore, being at law for the balance of the
money agreed to be paid under the con-
tract, evidence of deceit and fraud as to
the size of some of the lots sold in this
case without averment or proof of dam
ages cannot avail the defendant, mas
much as the contract is still in force and
unrescinded.
Holton vs.. Noble, SO Cal. z, was an &C.
tion to recover rent due on written
lease. A defense was set up, among
others, that there was misrepresenta-
ton as to the number of acres of the
land leased. The court say: cit may
be conceded that the representation as
to the number of acres in the land was a
fraudulent representation, and defend
ants, if they had properly pleaded it as
counter-claim, might have been al
lowed to reduce the stipulated rent by
the amount of damages sustained. But
they neither averred that they were
damaged by such representation nor do
they set forth the amount they were
Los Angeles herald., 1892-03-22
LEGITIMATE AUCTION.

shall continue the Auction Sale store South
Spring. any person fully business
they of our
sales. This of goods iewey STYLE
but new frsta goods every respect diamonds are
being offered and sold daily Howard Egn Watches
This opportunity you afford miss every
afternoon a pm, and 80 in the evening.
L. NJ. WAGNER.
H. A. REED Auctioneer.
Los Angeles herald., 1892-03-22
MARRIAGE LICENSES,

People Who Yesterday Secured Per.
mission to Wed.
The county clerk yesterday issued
marriage licenses to the following per-
SONS:
J. G. Swatell, native of Iowa, aged 2S
and Florence V. Gates, native of Califor'
MIA, aged %.
J. w. Williams, native of Michigan,
aged 81, and Victoria Peciardo, native ol
Mexico, aged 35.
Los Angeles herald., 1892-03-22

A Remarkable Cure of Rheumatism.
Messrs. Gage & Sherman of Alexander,
Tex, write us regarding remarkable
cure of rheumatism there as follows
'The wife of Mr.. VIM. Pruitt, the post
master here, had been bed-ridden with
rheumatism for several years. She could
get nothing to do her any good. We
sold her bottle of Chamberlain's Pain
Balm and she was completely cured by
its use. We refer any one to her to
verify this statement" 80 cent bottles
for sale by G. F. Heinzeman, druggist,
222 North Main street.
Los Angeles herald., 1892-03-22
The Illustrated Herald.

The Los Angeles HERALD's illustrated
annual is by far the most complete and
most attractive publication that has ever
been issued on this coast. 1t not only
illustrates every point of interest in and
around the Angelic city, but in letter
press conveys in clear, ungarnished
English, the peculiar advantages of the
locality from which it emanates.-[A Ala
media Encinal.
Los Angeles herald., 1892-03-22
C0NSu PTI0N.

Ihave positive remedy for the above disease; by it's
thousands Of Of the worst kind and of long
standing have been cured Indeed strong my faith
in its efficacy that will send BOTTLES FREE with
INVALUABLE TREATISE on this disease to any suf.
ferer who will send their Express and p O. address,
Il. A. Sl0cum, NJ. c., 1873 Pearl St., N. Y.
Waterbury evening Democrat., 1892-05-03
FOR THE ACTORS FUND.

The Grand Fair in Progress at Madison
 Square Garden, New York.
 NEW YORK, May S.-The great Actors Fair for the benefit of the Actors Fund of America, which has created tremend- uous controversy in the profession, opened in Madison Square Garden last evening.
 It is the most remarkable affair ever held in this country.
 The immense garden has been trans formed into streets and promenades lined with May poles and oriental mosques and.booths, representations of Shakespeares old Globe Theatre in Lon don, of the ancient Dukes Theatre of Stratford- the home of Shakes peare; of Dickens "Old Curiosity Shop D and numerous other "reminiscences.
 In every booth fancy articles will be sold by we'll known female members of the profession, and it is expected that fully $150, 900 will be received during the week.
 The contributions in advance already reach over $40, 600, the donors including Grover Cleveland, George w. Childs, Mrs. Frank Leslie, Dr. De Witt Talmage, Mrs. Kendall, James Gordon Bennett, and members of the theatrical profession here and abroad by the hundred.
Waterbury evening Democrat., 1892-05-03
TROUBLES OF LABOR
A Large Number of Strikes
 Inaugurated.
SHORTER HOURS AND MORE PAY
Trade Circles in Scranton, Pa, on the
 Verge of Panic ..

Three Thousand LabOrers fin That City
 Threaten to Go Out-EIght-H0ur Men
 snubbed by Prominent English Leaders.
 Gladstone BlacklIsted-TrOuble in rhs
 QuArries Near New HAvon-LabOr AgI-
 tation All Over the Country.
 SCRANTON, Pa., May 3.-Trade circles in Scranton are on the brink of 8 panic because of the threatening attitude of carpenters, masona brickIayers and helpers. They are demanding a nine hour day with ten-hour pay. The painters have been on a strike for the same thing for nearly a month but there has been no yielding yet by either side.
 Two unions of hodcarriers yesterday voted to strike. The stonemasons place their demands before their employers to- day and will strike on the instant If not agreed to. The bricklayers have voted to continue work until they hear regard ing their demands from the head officers of their organization.
 The plasterers decide their course to- day. These trades paraded 5000 men yesterday afternoon, bearing banners and notices relating to their demands from the bosses.
 The builders have organized an ex- change and will fight every demand made by the tradesmen.
Waterbury evening Democrat., 1892-05-03
Brooklyn B9'Ge7s.

Daniel J. Rafferty is being spoken of as the successor to Commissioner Mar tin, at this early day.
 Protector Hose company, No 4, will hold their regular monthly meeting next Friday evening at o'clock.
 George c. Winchell says he has had excellent luck on This fishing excursion to Ponset, having caught about thirty pounds of all kinds.
 Dennis Brophy's condition has been rendered more precarious by the setting in of pneumonia. It is thought that he can not survive the complication of diseases.
 The eleven months old child of Edward W. Madden, TIA Railroad Hill street, died this morning of whooping cough. The funeral will take place to- morrow at 3 o'clock.
 The funeral of Frederick Hoffman, l, JE, aged 27, who died at the home of his mother, No Summit street, took place to the mortuary chapel at Riverside cemetery this afternoon at 9 o'clock.
 John J. Spellman, for many years foreman at Matthews & WiIIard's fac tory, left for Seymour to-day where he will take a similar position with Mir Matthews, who is engaged in business in that town.
 The shoe business is taking quite a boom in Brooklyn, the Connecticut boot and shoe company having moved into new store further up Bank street, and Ryan & Fitzmaurace taking the store in Byron's block, of which James Kenney will be manager.
 The Brooklyn Athletic club can not put on the new attractions that were contemplated, at the1r picnic on Decor ation day, as a license cannot be ob- tained. They will, however, have 8 good list of amusements and will repro duce the programme of last year. T. c. O'Brien's horse became frightened at an umbrella laskSt evening in Brooklyn and ran down South Leonard and over Burnham streets to South Riverside street, where the wheel was caught in the electric light pole and the horse thrown down. The damage to the wagon was slight.
 John F. Shanahan of Simon street, who had his arm mangled and broken by planer in the joiner shop at Bene- dict 6 Burnham's factory over three months ago, went to Hartford to- day to consult physician. The wound has healed, but the elbow joint has be- come solidified as that it is impossible to bend the arm. The local physicians disagree as to whether or not there is a piece of dead bone in the arm.