davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1893-04-25
OPINION OF TIE COURT 81 FREAB, !

OPINION OF TIE COURT 81 FREAR, J.
This case was placed on the calen-
dar as an appeal from q decision
rendered July q, 1892, by Bickerton,
j.. denying the petition of Bishop &
Co. that defendant Hubash be de
clsred bankrupt. Defendants
counsel moves that the case be Or
dered stricken from the calendar on
the ground that no sufficient appeal
bond was fled as required by the
statute laws 1884. Oh. 35, Sec. 21l.
There is document on file which
petitioners counsel contend is sufh
Gent appeal bond 1t is in the fol-
lowing words:
Know all men by these presents
that We, Charles r. Bishop, J. Il.
Patty and S. Ii. Damon, copartners
doing business together under the
firm name of Bishop & Co., are held
and firmly bound unto Henry Smith,
Chief Clerk of the Supreme Court
and his successors in Office, in the
penal sum of one hundred dollars.
for the payment Of which we bind
ourselves, our heirs, executors and
administrators. Witness our hands
this 9th day of July, A. D. 1892.
The condition of this obligation is
such that if We shall pay all costs
arising from our appeal to the Su-
preme Court in Banco from the de-
cision and order made this day arts
ing from said appeal in case it shall
be sustained, then this obligation to
be void.
BISHOP & Co.
Witness c. L. Carter"
This document Is not entitled in
any Court or cause, nor does it give
the names of the parties TO the pro
eeedings. It does not IN any way
identify the decision appealed from,
nor the cause or Court in which it |
vas rendered; nor does It state the
nature Of the decision or Of the cause
Dr. Court. For sught that appears in |
he bond it might have been fled
With equal propriety In any appeal |
sble case in which Bishop & Co. were !
The Hawaiian gazette., 1893-04-25
JUDD, c. J, BIcKERToS AND
FREAR, u.

Petitioner was Convicted in q District Court
o. = miSdeme2nor and fined. He paid
the costs. and his attorney stated in
Court We will appeal" and paid
Sl-l0. the costs Of the certificate Of APP
peal. No Court was stated 10 which
petitioner wished 20 appeal. By statute
appeals must be perfected in ten days
after Judgment After the lapse OF
twelve days the attorney went to the
Magistrate to have his appeal COM
pleIed. The Magistrate declined 10
grant the certificate. and the attorney
received back the Sl.I0, costs OF certi-
ficate. Held. on this showing, that this
Court Is not authorized to order the
Magistrate TO allow the appeal.
Rights lost by negligence OF an attorney
cannot be restored by the Court.
The remedy Is by action against the at
tOrney.
The Hawaiian gazette., 1893-04-25
AT 1T AGAIN.
Minister Smith Gives His Views
To the Public.

BosToN, Mass, April 8.-Mott-
Smith. the Hawaiian Minister to
Washington, said to-day that he
would remain here some time, as
there was nothing for him to do in
Washington until Commissioner
Blount made his report on the
question of annexation.
''He thinks he can do it in three
months" said Smith, shut it is my
candid opinion that he will remain
six months at least. President
Cleveland, l believe, has drawn ND
a treaty with the islands, but Just
what it is no one appears to know
but himself. For that matter, no
one appears to know what he pro-
poses to do with it. Nothing will
be done in the matter until Com
missioner Blount is heard from.
They have all the facts now,
but the Democrats want
to have them come from their own
representative. In other words,
they want to find out for them
selves.
"As far as the natives are con-
cerneG, they would naturally prefer
TO remain as they are, while the
resident Americans want annexa-
ion for what they can make out of
t."
The Hawaiian gazette., 1893-04-25

OPINION OF TIE COURT By JUDD, c. J..
The substantial facts of this case
we find to be be as follows: On the
10th August, 1892, the petitioner
was arrested on a charge of selling
spirituous liquors without a license.
He deposited cash bail 500 with
the Deputy Sheriff. The case was
heard by the respondent as District
Magistrate of Hama. Maui, on the 18th
and 18th of August. The Magistrate
found petitioner guilty, and on the
18th August sentenced him to pay
fine OF 800, and costs $40. The
bail money was handed by the
Deputy Sheriff to the Magistrate as
the fine imposed, the petitioner paid
the costs, $40, and his attorney, S.
W. Kaai, Esq, announced TO the
Court: q We Will appeal" and paid
S1.10, the costs of the certificate of
appeal.
There was some conversation be-
tween petitioner and his attorney as
to the Court to which the appeal had
better be taken, Serene wishing it
to go to the Circuit Court to be held
at Lahaina in December. and Mr..
Kaai preferring it TO go to Circuit
Judge Kepoikai at Chambers. Mr..
Kssi says he preferred the latter
Court as his license permitted him to
practice there, but not in the Circuit
Court. This conversation was not in
the hearing of the Court. The De
putty Sheriff and the Magistrate both
say that no Court was designated as
the one to which the appeal was to
be taken. Mr. Kaai then stated to
the Court that he would tell the |
Court within the statutory FIVE days |
which Court he appealed to. Five |
days are allowed by law in which to
note an appeal, which must be per
fected within ten days from the judg |
ment This time would therefore
expire on the 18th August. On the
9th Mr.. Ksai came to the Magistrate
to complete his appeal. The Magis-
trate told him the time had expired,
and declined to grant the certificate.
On the Both Mr.. Kasi took back from
The Magistrate the $110 costs Of ap-
peal certificate, and receipted for it.
This he had no right to do; but later
IN he rendered this sum to his client,
he petitioner, who declined to re-
,eive it. At the end of the month
he Magistrate got the 500 fine from
he Deputy Sheriff, who had been
holding it as bail for the further ap
1esrsnce of the petitioner on appeal,
ind RENTED it to the Treasury.
The writ was sued OUT on the Dist
March last. On this showing We are
Isked by the petitioner to order the
District Magistrate to grant the ap-
zeal to the Circuit Judge at Cham
,ers, on the ground that the petit
Toner had done all that was required
f him to entitle him to his appeal,
nd that he should not suffer from
be negligence of his attorney.
We cannot agree with this. An
ttorney is the mouthpiece Of his
lent, the agent which the Court and
be client look to in the transaction {
T business before the Court. A legal
ight lost by negligence of an attor-
ey cannot be restored by the Court. ;
II. Ksai should have designated the
curt to which the appeal was in
ended to be taken. He gives no ..
aid excuse why he delayed this 1
ntil the ten days had elapsed
1t Is always q matter Of regret
hen the Court is unable, from neg G
gence Of an attorney, to do justice t
The Hawaiian gazette., 1893-04-25

4 verdict finding the defendant guilty Of
enbezlement Of the money Of Others.
: not contrary 70 the law and the evi-
Gsnce, on the ground thsI the Ce-
PENDANT was interested IN the money
as 5 partner with the others. there
being evidence 10 snSfSin = finding that
The defendant was only sn agent q the
Others, and the Jury being instructed
rnst II they so find, they must also find
That the money belonged % the Others
and not 70 the defendant, and there
beng evidence u show that the de
PENDANT was merely 10 receive and had
already received 5 per cent. commits
son on the money collected by him.
The Hawaiian gazette., 1893-04-25

The passenger accommodations
of the steamer Australia will be
tested on her up trip. Among the
departures will be the Raymond &
Whiteomb tourists.
The Hawaiian gazette., 1893-04-25
Noted Race HOSES.

The California Feed Company
with its characteristic enterprise
has made a present to customers
of a handsomely framed lithO-
graph of some noted race horses.
The frames are of polished oak and
are very artistic. The company
has the thanks Of the ADVERTISE
for one of the pictures.
The Hawaiian gazette., 1893-04-25

The charge of libel against Har-
ny Won Werthern was dismissed in
the District Court Tuesday. Both
sides to the case settled their differ
ences amicably.
The Hawaiian gazette., 1893-04-25

Collector-General ]. B. Castle
officially announces the appoint
ment Of Mr.. Frank B. McStocker
as his deputy.
The Hawaiian gazette., 1893-04-25
In the Supreme Court Of the Hs-
WaIlan Islands.
MARCH TERM, 1898.

In the Matter OF the Application of
ANTONIO FEREARA SERENE for a
Writ Of Mandamus against j.
H. S. kALEo, District Magistrate
OF Hama. Maui.
The Hawaiian gazette., 1893-04-25

Mr.. Thee. Richards and wife are
expected at Honolulu by the re-
turn ofthe next Australia.
The Hawaiian gazette., 1893-04-25

Supreme Court Of the Hawaiian
Islands.
MARCH TERH, 1928.
TIE QUEES vs.. LEN TAI.
BEFORE JUDD, c. J., sIcKERToS AND
FREAR, y.
Exceptions from Circuit Court,
Fourth Circuit.
The Hawaiian gazette., 1893-04-25
BEFORE JUDD. Cd, BICKERToS AND
FREAR, y.

An appeal bond which does not deslgnste
the decision appealed from, nor the
cause or Court IN which il wss rem
dered, Is insufficient.
The Hawaiian gazette., 1893-04-25
In the Supreme Court of the Ha-
Waiian Islands.

Ii TIE Matter OF J. HUBAsH. An
ALLEGED BANKRUPT.
The Maryville times. (Maryville, Tenn.) 1884-1944, 1893-09-13
HOUk'S TURN,

The Houk men are now calling on
Judge Gibson to exhibit his discharge
and settle all dispute in regard TO
whether or not he was soldier. The
Houk papers also continue to assert
it is forgery and demand of the
Judge 10 prove that it is not. To us
it looks as though it was the other
sides time to come again. The Jud-
ge had one round and then numbered
his guns. Then "our Johnnie
brought out his mud battery of many,
many murky battles and delivered
a broadside worthy of its former rep
utation. Then the G. A. R. steps up
and places itself between this charac-
ter besmircher and comrade. tide
clares that Judge Gibson is all right.
His discharge is all right and he used
no fraud IN becoming member Of
that grand order. Now this settles ii
so far. 1t is now Houk's turn to trot
out his proof of his charges if he has
any. Then if his proof is such that
looks reasonable and requires contra
diction it will be time enough for Glib
son to produce his last and creates
proofhis discharge. 1t seems to us
this is reasonable. The Judge has the
advantage so far. If Houk comes
out with strong proof to the contrary
of what the G. A. R. has said then il
will be an absolute necessity for Glib
son to bring out his discharge-no
before.
The Maryville times. (Maryville, Tenn.) 1884-1944, 1893-09-13
SUME "TAFFY,"

Some Of our brethren have seen fit
TO compliment us in the following
manner. We appreciate it and thank
then, for their tady.
We received a copy of the TINES,
Maryville, Tenn; we find 1t an excel
lent paper, we'll edited, bright and
newsy. We hope to have it among
our exchanges each week. Cherokee
Scout.
Mr.. L. S. Goddard, the bright Ed
itor of the Maryville TINES, spent
several days here the past week visit
ing friends Mr.. Goddard is making
quite eputalion as a bold, able
Journalist. .-Rockwood Times.
Mr.. L. S. Goddard, the editor of
the enterprising Maryville TINES, as
in the city Wednesday. Mr.. Goddard
is the youngest and one of the most
promising editors in the state. Knox
vile Republican.
Mr.. Leonard S. Goddard Editor of
the Maryville TINES paid us a call
Thursday. Mr. Goddard is very
strong in the faith Of the G. o. P. but
judging from his good looks and intel
ligence we think he can be reformed.
lockwood Free Ballot.
The Maryville times. (Maryville, Tenn.) 1884-1944, 1893-09-13

JUDGE Moon declared, in his char
ge to the Grand Jury at Chattanooga,
that progressive euchre was as much
gambling as shooting craps and
doing otler things Of like import us
ually engaged in while in the back
rooms of saloons. He charges the
Jury to as unhesitatingly indict the
high class progressive Euchre gam
blers in the plrlors Of the rich as the
low class in the lowest gambling dens.
We believe this to be the right spirit
His Interpretation of the law is, to our
mind, a correct one and should be en-
fored. What is condemned and pun
ished in one class should not be con-
doned and winked at in another and
the sooner we have more Judge
Moons and grand juries that will car
ry out their charges the sooner will
the gigantic evil of gambling be done
away with. The sight of a few high
class gamblers behind the bars would
have greater effect than Jail full OF
"crap shooters" Hew to the line
let the chips fall where they may.
The Maryville times. (Maryville, Tenn.) 1884-1944, 1893-09-13
Sl.oo A YEAR.

ize this week, if he has done SO be-
fore, the difficulty of the task he has
assumed, as the leader Of those who
who favor the bill for the uncondition-
al repeal Of the purchasing clause Of
the silver law, in trying to fcrce that
measure through the Senate at an un-
usual rate-of speed. He was squarely
defeated by the opponents Of the bill
upon two different votes, and he only
saved himself from the third defeat by
Withdrawing his resolution providing
for the daily meeting of the Senate
at II instead of IL O'clock. These
votes did not prove that The silver
men control the Senate, but they did
prove that the silver Senators are
sticking closer to their duties tlan
their opponents. There were IS Sen
ators who voted against Senator Vor-
hees and only 28 with him, in open
session, and 50 against and only a7
with him in the vote that was taken
in executive session. If The repeal
Senators cannot be made to attend the
sessions Of the Senate the tables may
be turned and the demand for an i'm
mediate vote on the bill be made by
the silver men, instead Of BY the re-
peal men, as it has been.
Senator Morgon's concurrent reso-
luton for the appointment Of a joint
committee Of seven Senators and sev.
en-, Representatives to investigate the
entire financial system Of the country
and report to Congress what legisla-
ton is necessary to prevent periods of
stringency such as the country has
just passed through, has been favor
ably received and if it be not antagon-
lied by the administration it may 60
through.
A number of gentlemen interested
in protected industries have this week
told the House Ways and Means com
mittee what the result would be if the
tariff is lowered or intirely removed
in some cases entire destruction Of in
dustries, and in all cases lower wages
for American workmen.
The Maryville times. (Maryville, Tenn.) 1884-1944, 1893-09-13
AMONG THE CHURCHES.
Things that ought to inter
est ihc Church goers OF
the County.
New Providence PRESBYTERIAN Church.
f. e. MOORE, Pastor

One Of the largest Congregations
ever in the new building united
last Sabbath in the observance of
the Lord'sN Supper. Several new
members were received on let.
ters of dismission from other
churches.
Until further notice, all evening
services will begin at o'clock.
The Pastor will assist Rev. John
s. Eakin in revival meeting at
Hebron Church, Jefferson Cp., be-
gining Sept. 10th and continuing
until Sept. Goth. All the regular
services in our own church will be
held rs usual.
Rev. John Newman will preach.
for us next Sabbath, Sept. 18th.
Mr. Newman is a general fav0rite.
and deservedly so, and will doubt
less be greeted with large respon-
sive audience.
The Maryville times. (Maryville, Tenn.) 1884-1944, 1893-09-13
HAVE AM BlTION.

Young men let us have high and
noble aspirations. Be honest and
earnest IN whatever you do. Kindle
and keep alive the fires Of noble am
bition so that they may burn within
your soul increasingly. Not alone
for the fame and glory that is won by
blood-stained warriors; mott merely
gain for day the deafening p!audits
of the millions; but aspire to do some
thing noble, nojmatter how humble,
and do not allow yourself to go to the
grave uregretted and unhonored.
Try to plant some flower of beauty,
which will send fourth perennial fra
GRANGE TO cheer some sad and lonely
heart to whom life is a desert. Try
to wake some strain of music, sing
some joyous song, which will strength
en- some faintlng spirit which has lost
hope.
How grand it would be to know
that some word that you had spoken,
or some deed that you had done,
might live on forever and be cherished
in the worlds remembrance; that
some golden sentence, you had
spoken, might thrill the people with
the sublimeness Of thought and "trav-
el on forever through the echoi,g
vaults of time" How grand it would
be to have your name, not only on
monumental marble, but to leave your
epitaph written in the hearts Of those
your life had blessed. How much
easier and sweeter will be our last
long slumber if we can lie down with
the thought that the world will be
richer by some thought or action Of
ours which will not utterly perish.
The Maryville times. (Maryville, Tenn.) 1884-1944, 1893-09-13
Methodist Episcopal Church.
j. G, WRIGHT PASTOR

There is an increased attendance
at the Sabbath School since the
openining of the college.
The Pastor, Rev. j. c. Wright
left Monday morning to visit his
family at Athens.
w. c. Chumlea will conduct the
prayer meeting Wednesday nigh
A full attendance of all christians
is disired at this meeting.
The pastor preached one of his
most powerful and excellent SER
mons Sabbath morning from Ro.
mans, 1st chapter and I6 verse:
"For I am not Ashamed of the Cos
pei of Christ; for it is the power of
God unto lsalvation to every one
that believeth." It was such SER
mon that does everyone good that
hears it.
On account of the rain there was
not so large an attendance at the
Epworth League meeting Sabbath
evening, but the meeting under the
leadership of W. E. Parham proved
a rich blessing 10 all who were
present. No one who is trying to
live christian should miss these
meetings. The young people not
only cordially invited but urged to
attend.
The Maryville times. (Maryville, Tenn.) 1884-1944, 1893-09-13
WHY ADVERTISERS SUCCEED.

Some cleverly concise writer has
said that good ad is, "any means of
attracting favorable attention and
ing acquaintance"
All persistent advertisers make rep
reservations which call forth all their
resources to keep faith with their pa
irons; this of course makes them hus-
tie.
So unconsciously an active advertis-
er's ads force from him his greatest
ability, and thus push his business as
much by the effect of his own ad on
himself, as on his customer.
No better evidence of this exists in
Cincinnati that the success and popu-
larity of the Palace Hotel, Corner
Vine, Sixth and College Streets.
1t has long been adertised by its
suggestive ad. "Ask if the Palace
Hotel, Cincinnati, is the best Hotel
for s2.oo or $2.5o per day." and in
order that any one asked, might give
a favorable answer to inquiries, the
management has been the most liber-
al ansaenergetic in the city.
The fact it had 5o,477 registered
arrivals, besides selling I5,S4S, cash
meal tickets at so cents each, in IS
o2, is concluding evidence of its de-
served popularity.
ISN,s Manager of the Palace Hotel
isEalter H. Maxwell, who also has
tx sStag" Hotel, a clean cozy, CON-
fortable, and convient Hotel, for men
only, with furnished rooms for 75ct tc
$r.a5 at 70 to $50 Vine Street, two
blocks from the Palace.
The Maryville times. (Maryville, Tenn.) 1884-1944, 1893-09-13

We see by the above that the
House is absolutely anti-free coinage
by a large majority. 1t remains to be
tested in the Senate. Senator Stew
art gave it as his opinion that the
action of the House would not change
a vote in the Senate and free coinage
would ultimately triumph.
We do not believe that this vote
means that silver will not be used as
money, but it means bimetallic cur
rency. The result of the vote ought
to a certain extent restore confidence
and give greater security to operations
and business of all kinds. So far Re-
publican doctrine has been adopted
and if this administration continues to
The Maryville times. (Maryville, Tenn.) 1884-1944, 1893-09-13
MOUNTAIN GRANDEUR.

How grand and soul inspiring it is
to spend while among the noun
tains. What sight at morning when
the food of glorious sunshine is
poured out upon the earth and drives
away the thick fog, transforming it,
first, into a gauzy, halftranspatent
haze. just laying over the tree-tops
than disappearing entirely and leav-
ing the forms Of gigantic trees without
a veil standing fourth in the broad
light of a new born day. The beauty
of the trees around us, the freshness
of the air, the luxuriancy of the ferns
and arbutus of all kinds, the cattle
towards noon gathered close at the
foot of the trees, looking weary, make
a peaceful and interesting scene, such
as one might find only in the senti-
mental and bucolic poetry of Virgil.
We advise all of our readers to spend
one day of their life, if no more,
among the watch-towers of nature.
1t will be day well spent.
The Maryville times. (Maryville, Tenn.) 1884-1944, 1893-09-13


WONDER if Chairman Wilson of the
Ways and Means committee will put
coal and iron on the free list in his
coming tariff bill? If he does the
mines and IRON furnaces that have
shut down in our state will never re-
sumo work again as long as the Dem
ocratic party has control of the Ma
TONS affairs. Such a course would
utterly ruin these industries which
have made such advancement under
protection. But if he believes that
protection is "fraud and robbery
he should be honest enough to wipe
out the last vistage Of this Republican
policy even if it does destroy the adj
vancement already made by the
South. He must not wipe out only
that which will effect the industries of
the North, but destroy the whole evil
structure and give us a pure and sim
pie tariff for revenue only. Is he
honest in his professions and will he
live up to them? If he is look out fH
disaster and ruin.
The Maryville times. (Maryville, Tenn.) 1884-1944, 1893-09-13

WHEN the veterans went "March-
ing through Georgia" Hoke Smith
wore pantilets, and he and young
'Moses" now chairman of the COM
mittee on pensions, were making mud
pies in the back yard, little dreaming
OF their greatness, under the reign oi
the fisherman from Buffalo. An old
veteran tersely states it whenhe writes
"The old tune of Marching through
Georgia should be changed to 'Geor.
gia Marching Through Us. "-Inter
Ocean.
The Maryville times. (Maryville, Tenn.) 1884-1944, 1893-09-13

WHEN people think they are most
successful in working the rabbits
foot" on some innocent, unsuspecting
person they may not be moving along
so smoothly as they think and all the
time their ''rabbit FOOT scheme may
be only more positive eye-opener to
their supposed soft-soaped victim and
when they think he is more surely un-
der their thumb than ever he may on
ly be waiting an opportunity to gain
better ground upon which to fight the
would-be mesmerizers. Because any
one is shrewd they should not think
they are the only people whose "eye-
teeth have been cut"
The Maryville times. (Maryville, Tenn.) 1884-1944, 1893-09-13
JUDICIARY RACE.

We clip the following as a mat
ter of news from the lockwood
Times because it mentions two Blount
County men who would ably fill both
Offices in connection with which they
are mentioned:
The Judicial race in this district is
beginning to get into shape, there is
strong talk here of Capt. Rowan as a
possibility for Circuit Judge. Rowan
is good lawyer and if he enters the
field will make strong race. We al
so hear the names of Thos. N. Brown
and G. L. Burke mentioned in con-
nection with the race for Attorney
General. Gentlemen we have not
taken any positive position yet, but
wont Judge Rodgers and General
Owings be pretty hard to down.
The Maryville times. (Maryville, Tenn.) 1884-1944, 1893-09-13

A BILL that should be passed was
introduced in the Senate last week by
Senator Gallinger, of New Hamp-
shire. 1t provides that except in
cases where fraud is established, no
pension shall be suspended without
full investigation and ninety days no
tice to the pensioner. 1t is a shame
that party has been placed in power
which makes it necessary for laws to
be passed compelling justice to be
given to the men who saved the ma.
ton.