davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-05-22
OPINION OF THE COURT By BIcKERToN, ].

OPINION OF THE COURT By BICKERToN, J.
This is bill in equity to set aside
a deed, and the defendants filed their
plea in bar in which they say:
"That on the Sd day of May, 1892, in
the case of Maria K Carr and Frank
Carr her husband against NJ. Pola
pola and the Puuloa Sheep and
Stock Ranch Company, these defend
ants recovered Judgment in the
Supreme Court of the Hawaiian Isl
ands at Chambers before Mr.. Justice
Dole whereby the title to the land
and property set forth in the plain
tiff's bill was edjudged upon in favor
of these defendants and defendants
were there and then adjudged to be
entitled to all and singular the
right, title and interest of
said Polapola in and to
said property and as also were ad-
judged all the matters and things
alleged in the plaintiffs bill.
Therefore the said defendants
plead the said Judgment in bar to
the plaintiffs bill of complaint here
in and pray the Judgment of this
Honorable Court whether they shall
be compelled to make any further
answer to the said bill and pray to
be hence dismissed with their rea-
sonable costs in this behalf expended
and to such other relief as to the
Court may seem meet"
After argument the Court over
ruled the plea and the matter now
comes here upon appeal from such
ruling.
The whole question for US to con-
slider is, was the point now raised in
this case passed upon in the judg
ment which is now pleaded in bar.
We have carefully examined the
former case and the decision therein
by Mr.. Justice Dole. He says: at
is necessary for me to construe the
deed as a conveyance of the whole in
terest of the four grantors in the
premises to the plaintiff, Mary K.
Carr, but Polapola's testimony that
the women were told that unless
they got their husbands to sign the
deed it would not be good, supports
his claim that the intention was to
sell only the interest supposed to be
inherited by the women, from the
deceased Makanana, and might be con-
sidered in Court Of Equity in an action
to reform the deed" The language
shows conclusively that the Court
did not pass on the points now rails
ed. 1t was proceeding at law, and
the Court could not consider nor pass
upon the validity of the deed, set it
aside or order it reformed, and pro-
perly held that such a matter could
only be considered in a Court of
Equity. The Court simply passed
upon the legal construction of the
deed as presented; it could do moth
ing else; it was limited; it had no
jurisdiction to pass on the question
now raised. This question was
clearly left open.
We are unable to find any bar to
the equity proceeding. We there
fore sustain the ruling of the lower
Court overruling the plea in bar.
Appeal dismissed.
Kane for plaintiff; Creighton and
Peterson for defendants.
Honolulu, May Is, 1894.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-05-22
ISLAND.

1t is almost impracticable at this writ
ing to make any Obstruction between the
various classes of lands, as many of the
larger and more valuable tracts are yet
un~urveyed and little known A striking
illustrat on of this is the land of Olaa,
near Hilo, which, until very recently,
was generally considered mostly rocky
and of little value as agricultural land
Now this is one OF The most valuable OF
the Crown Lands ard promises to be the
largest coffee producing land on the ISL
and Of Howaii
For the reasons above given, no little
difficulty has hal to be overcome in
asc -rtaining their approximate value.
sufficient information is at hand, how
ever, to form fairly correct approxima-
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-05-22

From the foregoing statement it will
be seen that the total area of Crown
land now held under the homeste ID plan
is l3. O34 &C acres in 2O6 separate allot-
ments, srgregatirg a total annual rental
of $l5 6Sl 81. The results above dis
closed are important, as illustrating not
only what can be accomplished ny open
ing up the lands and making them &C
cessible to the small holder, but as also
indicating what tie future might bing
if vigorous policy OF land S ttlement
~as pursued under conditions more fav-
Orsble TO the settler. A system that will
secure to the lessee ths value If his inn
prOvemanrs with the right to acquire the
freehold to his all tmsnt after huff ment
# rtain conditions as TO Improvements,
seems to he what is needed; system
that will be free from the evils Of specu-
lative auction sales.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-05-22

native Hawaiians. This practically dis
poses of the whole reservation, the rest
Of the land being taken up fer road
space
The following is the summary OF lands
taken up under settlement conditions on
the island of Hawaii since January LIST,
1892:
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-05-22
TENURE AND CONDITIONS.

The tenure under which the lands are
held is thirty year lease and the con-
ditions substantially as follows: Pay
ment OF rent comm. noes at the end OF
the third year, which varies according
to location and quality Of land. The
lessee pays all taxes and other imposi-
tions required by law. Within one year
from commencement of ease, he must
clear and plant not less than two per
cent. of the allotment; during the sec
ond year three per cent, and within the
third year five per cent, with fruit trees,
and during continuance of lease properly
gu tivate the same. In addition to the
above, the land must be further improved
by the erection of buildings and fences to
the value Of $500. Residence, except at
the Homeste d Reservations, is not com
pulsory, but actual settlers are given a
reduction of rent at the rate Of one
fourth the amount For the preservation
of the natural woods and beautiful folia ge
which forms one of the Volcano roads
chief attractions, prOvi ion in the Olaa
leases prevents the cutting and destroy
ing Of tres, biu-h OF undergrowth, eX-
cept for purposes If roadway, within 250
feet Of the Volc mo ad.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-05-22
PERMANENT IMPROVEMENTS.

In order that a good idea may be FORM
ed Of the progress that has been made by
the settlers IN the way Of Improvements,
| would respectfully call attention to the
report of Mr.. +. ID. Baldwin, herewith
annexed, who has had personal super
vision in connection with his Office, of
the survey operations at 0laa and the
Kaimu and Waiakolea hOmesteads. His
report is most interesting and contains a
detailed staten ent Of the improvements
put on the land, more particularly at
UIaa where most Of the settlers are The
returns show that III hous es and cabins
have been built, valued, including fences,
at $23, 344 90. OF the 600 acres cleared
nearly 400 are planted in coffee. The
trees set out are: coffee, 2S6, coo; cocoa,
692; tea plants, $500; and assorted for
eign and domestic fruit trees, about 100,
valued at $27, 1850. Including the Pun
kapu returns, the total value of perma-
neEt Improvements is $50 ,490.40.
would also call particular attention
to the portion of Mr.. Baldwin's report
recommending the opening Of road be-
tween Olaa Grown, and the land of
Keaau (private). The proposed road will
open up an immense tract of good coffee
land, not only on the lands named, but
also on the Crown land Of Waiakea. 1t
is estimated that there are between 90
600 and 10000 acres of coffee land in this
neighbOrhOOd at present inaccessible If
this project is led out, arrangements
might be made with the Waiakea Mill
Co., present lessee, by which all OF the
upper portion of the land of Waidkea,
above the cane belt, could be made avail
able for settlement.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-05-22
REGARDING THE CROWN LANDS,
Text of the Report Presented to the
Councils.
NATIVES ENCOURAGED TO INVEST.

The Revenue For the Last Two Years
Amounted to sos, 1878 - Valuable
Cane Lands Bring But n Dollar an
Aore-Improvements at OIaa, Hawaii
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-05-22
In the Supreme Court of the Ha-
walian Islands.
MARCH TERM, 1894.
NJ. PoLAPoLA vs.. MARIA KEAHI CARR
AND FRANK CARR HER HUSBAND.
BEFoaR JUDD. CD, BIcKERToN, AND
FREAR, u.
IN EQUITY.
BILL TO SET ASIDE A DEED.
APPEAL FROM CIRCUIT CoURT OF THE
FIRST JUDICIAL CIRCUIT.

The plaintiff bought bill in equity to set
aside deed. The defendant pleaded
in bar decision in a law case (eject-
ment) where the Court had held the
SAID deed to be conveyance of certain
interests in land. Held that the decis-
ion pleaded in bar was no bar to the
procs edings in Equity, either to set
aside or reform a deed.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-05-22
TIE CROWN LANDS.

The total area of the Crown Lands
throughout the group is approximately
97l ,46} acres, distributed by islands as
follows:
The times. [volume] (Richmond, Va.) 1890-1903, 1894-07-21

more favorable than in the other regions
which have been recently opened TO i'm
migration. Here the farmer need expend
heIthcr labor nor money tor Irrigation.
anu the seasons are rarely unproptious
TO any crop he may attempt to cultivate:
nor must he use half. or more than half
q what he raises 10 keep his stock from
starving during the months in which he
Is snow-hound. In brief, he has TO dread
neither the long hard winters OF the
Northwest. which rob him OF the labor OF
half the year. while increasing the actual
cost OF living. nor the droughts which
desolate the arid Southwest plains. I'm
respect Of health and comfort, n nothing
else be considered. this may well be a
controlling factor in his choice OF loca-
ton.
Moreover. a greater variety OF valuable
crOps-at least OF vegetables ana cereals
can be successfully cultivated in the South
than upon the western lands, to which
immigration has been for many years al
most exclusively attracted. Wheat and
Indian corn have been virtually the only
crops produced In Kansas. wheat the
sole staple whose cultivation has been
found profitable in the DakOtas. II VIII
not be contended that the inferior SOILS
Of the South can produce wheat equal
I'm quality and yield to that which is
grown in Kansas Dakota. or Idaho, al
though the better soils certainly can.
But nearly all OF the lands in the South
can be made, with proper treatment, to
produce every cereal in degree and quail
ity sufficient not only 10 furnish food
for home consumption, but also a surplus
for the markets. while vegetables and
fruit nnd in this climate and soil their
true habitat. and abundantly repay their
culture
our State passed through the financial
crisis with probably less injury than
almost any other. and II IS on a sure.
solid basis for taking advantage OF the
fast returning tide Of prosperity. We
have had no labor troubles or disturbances
similar 10 those prevailing elsewhere
and. altogether. the conditions are ripe
for accomplishing very great results, II
we will only make proper effort.
That the immigration Convention can
do very much towards this end. n pro-
perly handled. goes without saying. and
IL should receive the hearty and cordial
support Of every publc-spirited citizen
OF our State. especially these Interested
I'm its agricultural and industrial develop
The times. [volume] (Richmond, Va.) 1890-1903, 1894-07-21
1HE CHRisIIAN ANDEAvoRERs.
Fart OF tho Richmond Delegation at Home
Agsip-The Work Their

Messrs. Paul Pratt c. r. Link and Mr.
and Mrs Robert Lecky Jr.. returned
this morning at $40 o'clock via the Chesa-
pcake and ohio railway from the Conven-
ton OF Christian Endeavor. held at Cleye-
This party left Cleveland and went TO
Niagara Falls. returning by way of Buff
falo and Cincinnati
me christian Endeavor Convention,
when was closed on last sunday nisht,
was the largest ever held. except the
great New Ork Convention. The open
ing meeting, however, had the largest
attendance IN the experience OF the So
The address of welcome by Governor Nc
kinney was marked for its religious ut
tcianceS ana enthusiastically received by
me thirty thousand persons present.
PRESIDENT Clarke was detained at nome
by the advice OF his physician as he is
suffering from nervous pr0stration. This
announcement was a great disappoint-
ment 10 the immense thrOng, however.
lr. G \. Dickinson, OF Boston, one Of the
Oldest trustees OF the society. accept1hly
conducted the portions OF the programme
assigned to Or. Clarke.
Great enthusiasm greeted the report
OF Mr. John Wits B1er, secretary OF the
United Society. which showed such mar
velous gains In membership and additions
10 the various churches from the ranks
OF the associate membership of the So
cicties The roll shows 1858 societies in
this country. a gain Of 1893 this year, the
previous year showed a gain Of 5.20 So
80 e,.iot,r ~ - 80 -, 80 a.
erroiled Ala 'ne 'olSu nqn.Scr OIL Socte, ,
last vear or tbo aseociot ,,,,aiore 1s9
,go,,s ',,or VIZ , JHu'cmeS unIdhs uie ~
tinne 70 ~ Nr,io 80 'i.S e'1
he eoUjotv 70 ciH6.o go, ro,,la f te
naet i've veers 'V"''s l'P'
Ntsstors 49, 49,, s..,i,,,, .,,. .to
o,-tof ,|,9 "oe"e anu ioIc.fu WIZ ~
,ii,.t llD,r3ts t". CVnnSnlpH az '.'
i1.SSiYu on. 80 10 Vi iAe IleNus' Aie'"oul9l,
Itspl yc'la.l; D!23CllieT and ,, o.nrr
The times. [volume] (Richmond, Va.) 1890-1903, 1894-07-21
ACCIDENT At NEWPORT VIEWS
Mrs. DIR. j. r. Harr,.on. OF Richmond. tho
Victim.

Or. J. Prosser Harrison. OF Church
Hill. on Thursday evening received n tele-
gram from Newport News conveying the
intelligence that his wife had been thrown
from a buggy at that place and danger
ously wounded. and urging him TO come
down at once. II possible. Naturally the
Doctor and every member OF his family
were very much startled. and he managed
to board n train for Newport News at
the eastern end OF the Church Hill tun-
mel few minutes after receiving the
telegram.
Mrs. Harrison. who Is as well known,
perhaps. as any lady in Richmond, be-
cause OF her connection with several
humane and philanthropic societies, went
70 Newport News several days ago 10
visit her eldest son, J. PrOsser Harri-
son, Jr, who holds a responsible position
In the Chesapeake and Ohio offices. She
has other relatives living just outside Of
that city, and II is supposed she was re-
turning TO her sons residence from a
visit 10 one OF these relatives when the
accident occurred.
Mrs. Harrison's sister and daughter-in-
law left yesterday morning for Newport
News Information was received by
them. however before leaving that the
lady's injuries are not as dangerous as
at first supposed. one Of her shoulders
is broken and she is otherwise bruised
about the body, and is necessarily suffer
ing great pain and nervousness.
The times. [volume] (Richmond, Va.) 1890-1903, 1894-07-21

The members of Lee Camp and their
friends who are going 10 Ocean View for
a weeks outing viii leave here on
Monday morning at $40 o'clock. over the
Chesapeake and Ohio railway, and IL Is
expected that about seventy-five Will be
in the party. The following have so far
announced their intention to take part in
the excursion:
d. II. Pyle. wife and two daughters.
J. A. Meanly and two daughters g. w.
Libby. J. II. Kraake. A. l.. Crouch. A.
9. Evans, wife and two boys Charles II.
Epps and family. Ben Howard. NJ. Mittel-
dorfer and two daughters, H. l.. Lacy.
John Warren and lady, James Leigh
Jones and two ladies'. X. II. VI. Harrison,
wife and two daughters; Wash. Taylor
and wife James Mitchell. Or. Hinchman,
John Smith and wife Luther Welslger
and mother, Arthur Weislger. Alex. Cal
der, Clifford Weisiger. w II. Culling-
worth, A. c. Peay. wife and child: David
a. Francis and wife. John 80 Bargamin
and lady. John Bowers. l.. l.. Lynch.
wife and son; W. c. Walden. Frank
French. James f. Philips. \. J. Vaughan,
wife and son: A. l. Phillips and two
daughters. J. f. Humphrey. W. T. Meanly,
George Jarvis and r. ". Rafter.
The times. [volume] (Richmond, Va.) 1890-1903, 1894-07-21
! Fir1Y PEK ChNl. PENALTY.
United states License Must be Paid In Jolly
or Il will be Enfo cod.

Mr. William Ryan, United states Col
lector Of Internal Revenue for this dis
trict. reminds persons requiring United
states licenses that the 81 ne must De
obtained during July, or they VIII De
subjected TO penalty OF fifty per cent.
additional which peralty IS rot discre-
tionary with the Collector, but Is direct
ed 10y law.
The special tax-year begins on the
LIST day Of July and ends on the 3Oth day
of June succeeding.
Every person or h-m liable 10 special
tax upon commencing business, and again
at the beginning OF each special-tax year
must file with the collector or deputy col
lectOr a sworn return, ana pay 10 such
officer the amount OF the tax. when he
viii be furnished with special tax stamp,
V hich must be AT all times cOnspicuously
displayed in his or their place OF business.
These returns must in every case be rem
dered in ample time 10 enable the officer
To receive them not later than the last
day Of the moath in which the liability
began. For failure 10 make the return as
above stated. the CommiSs iOner OF In
ternal Revenue Is required by law 10 as
sess d penalty Of fifty per centum OF the
amount Of the tax. The failure 10 procure
a specal-taX stamp also renders the de-
linquent liable TO criminal prosecution.
The times. [volume] (Richmond, Va.) 1890-1903, 1894-07-21
GROWING MORE INTBEEsTING.
Additional Candidates Mentioned for the
Congregational Nomination.

The interest in the fight for the nomi-
nation for Congress from the Third dls-
trict seems TO be growing more intense
every day, and the opposition TO Captain
George -. Wise. the present Incumbent.
is by no means diminishing. His Irlenhs
have not yet heard anything from him as
10 the time when he viii be In this cry
At present his entire time is occupied IN
Congress. but II is expected thar ne VIII
pay a flying visit to Richmond either TO-
day or ON sunday 10 rally his forces ana
assign them TO their various posts OF duty
during the coming contest
The opponents OF Captain Wise are also
as busy as bees, and while they nave not
vet agreed upon a man who shall oppose
the present incumbent, they are stirring
about at Il lively gait. and say by tonight
they viii have selected their man. Mr.:
: : T. Patteson has somewhat changed
his opinion for when asked II ne WO4ld
ACCEPT the nomination II rendered 10 MIN
without any effort on his part, he replied
that he would very gladly do so. but he
would not seek TO influence one person 10
vote for him.
Hon. James Lyons is still considering
the question Of becoming candidate for
the nomination. and has announced that
he Will make known his decision today.
Judge 5. Il. Witt OF the Husllnss Souit.
has not given the least indication whether
he has changed his former opinion and
IS willing 10 become candidate, shouli
he be urged 10 10 so. Ills many friends.
however felt more continent SfHl' a.
Lefore Tor as one Of them explained To
me- they think his silence on the question
is a sign that he would agree to run.
should the proper pressure De DrOuSht
Among the other Democrats who are
prominently mentioned in connection win
The nomination. are Professor Puryea.,
~ Richmond College. Major James II.
Doolcv' Judge J. II. Ingram, cf Manches-
Ter. md those named IN ytsteTday
Haskins col. Tazeyell Elicit, and Col.
\ :. Buford.
While the subcommittee on plans OF
tie civ Democratic Committee has not
vot hid I meeting its members have
Informally discussed the matter, and prac-
ticaiN decided TO recommend precinct
meetings. Und-r the legalized primary
srston a primary cannot be held. unless
The date Of the convention is changed.
ne law passed by the Legislature dur
inc tn last session provides that prl-
naries shall not be held later than thir-
~ days before the general election.
The times. [volume] (Richmond, Va.) 1890-1903, 1894-07-21
The Second District.

The Democratic Executive Committee
Of the Second congressional district. at
its meeting at Old Point Wednesday even
ing. fixed the date for the congressional
convention September 18th. The basis
OF representation IS one 70 every one
hundred votes cast for President Cleve-
land IN the last election. and the place
OF meeting AT Ocean Shore Park. VIr-
glnia Beach. According TO the basis of
representation the convention will con-
sist Of l78 members. requiring vote
OF ninety TO make a choice OF nomi-
nee
The committee was wise in max
ing the vote cast for President Cleve-
land the basis Of representation. From
reports received by the committee there
seems no reason TO fear but the Demo
cracy will be victorious In the contest.
At present there are signs II apathy.
There. however will pass away when
the campaign opens and the issues are
discussed Between now and the date
OF the convention, September 18th, every
effort should be made 10 harmonic differ
ences existing in the party. Wise coun-
ellis and conservative action are essential.
Democracy represents principles, not
men. II is the party ~ the people.
not OF the few IL acknowledges no
ownership and hence II is that the
masses rally 10 IL. and its success means
the perpetuatiOn Of our republican system
of OBSERVATION-DISCLOSURES Nirginian.
The times. [volume] (Richmond, Va.) 1890-1903, 1894-07-21
Cruise Of the Old Dominion Fishing Club.

The staunch sloop Sallie. OF Norfolk,
was mOOred at the wharf OF the old
Dominion Steamship Company yesterday
TO receive the provisions and luggage OF
the members Of the Old Dominion Fish
Ing Club. who. at o'clock. started for
their annual cruise in Chesapeake Bay.
\ good many OF their friends, among
them a number of ladies. had come to
tell them goodbye. The vessel. which
had been reprinted. presented a gay APP
pearance, and an hour or so was spent
In conversation about the proposed trip.
About o'clock the Sallie left her wharf
and was slowly tOwed down the river,
and when soon after the Old Dominion
steamer Roanoke started on her trip to
New York, a line was thrown the sloop.
and the latter taken in tow to Newport
News From there the Fishing club Will
start this morning on its cruise proper.
which will extend all over the bay. and
possibly 10 Cobb's Island. The party will
be gone about ten days
The following are the members OF the
club who started on their pscatorial eX-
petition yesterday: Commodore John f..
Mayer, s. MEG. Fisher G. a. West Maui
rice Clagett, Alderman James T.
Vaughan. f. b. Taylor. W. NJ Williams.
l.. q. Tompkins, Parker Conrad. +. b.
Addison, and r. II. Fisher.
When the Sallle left her wharf she was
greeted by the steam whistles OF all the
tugs I'm the vicinity.