davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-05-19
OPINION OF THE COURT BY B1cKERToN, J

OPINION OF THE COURT BY BICKERToN, J.
This is bill in equity to set aside
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 adjudged upon in favor
of these defendants and defendants
were there and then adjudged to be
entitled to all and singular the
right, titlep 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
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: cit
is necessary for me to construe the
deed as conveyance of the whole in
terest of the four grantors in the
premises to the plaintiff, Mary Z.
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. It 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 matter could
only be considered in 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 Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-05-19
COURT NOTES.

In Provisional Government vs..
All On and An Gee, for assault
and battery, nolle prosequi was
entered against An On and An Gee
has pleaded guilty, and sentenced
to thirty days Imprisonment. >.
M. Davidson for defendants.
Judge Cooper has ordered re-
publication of notice of hearing in
the matter of the estate of the late
Geo. E. Richardson, now pending
In regard to approval of the exc
cutor's final account. The testi-
mony of 7. w. Everett was taken
on Tuesday and filed as evidence
in the matter to avoid his having
to come again from Maui. w. O.
Smith for the executor.
In the accounting case between
s. Haanio ct al. vs. Chas. Kaiaiki
of Kona, Hawaii, the plaintiffs
have filed a motion that a day be
set for the hearing of said cause.
w. C. Achi for plaintiffs, Y. Brown
for defendant.
A. Rosa, per F. J. Tesla, has
filed a certificate of appeal from
the District Magistrate of Homo
lulu, who found a judgment IN
favor of Carter & Garter In assump-
sit for the sum of 1893 w plus
attorneys commissions and COSTS
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-05-19
CORRESPONDENCE.

Mr.. EDITOR Mr.. Fred. II. Har-
rison, one of the witnesses in the
case Of the Provisional Government
VS.. Ben Gallagher, has called my at
tention to the fact that your report
published on the 18th instantly of
his evidence given in that trial
said that he was drunk (meaning
Harrison). My recollection of the
evidence, supported by the steno-
grapher's notes, shows that Mr..
Harrison did not so testify.
Will you be kind enough to make
the necessary correction In your
paper.
Very respectfully,
HENRY Z. COOPER,
Second Judge of the Circuit Court
of the First Circuit.
Department of the Judiciary,
Honolulu, May Is, 1894.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-05-19
IN EQUITY.
BILL TO SET ASIDE 4 DEED.
APPEAL FROM CIRCUIT Court OF TIKI
FIRST JUDICIAL CIRCUIT.

The plaintiff brought bill in equity to set
aside deed. The defendant pleaded
in bar a decision in law case (eject-
ment) where the Court had held the
said deed to be a conveyance of certain
interests in land. Held that the decis-
ion pleaded in bar was no bar to the
proceedings in Equity, either to set
aside or reform a deed.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-05-19

The 4DERTISER is the lead
ing paper of the Hawaiian 1sl-
auds. It has larger circulation
and prints more live news fEau
any other island paper. Price IS
cents per month, in advance. Ring
ND telephone No. IS
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-05-19

In the Supreme Court of the Ha-
Walian Islands.
MARCH TERM, 1894
M. PoLAPoLA vs.. MARIA KEAHI CARR
AND FRANK CARR HER HUSBAND.
BEFORE JUDD, CD, BICKERToN, AND
FBEAR, u.
Huntsville gazette., 1894-11-24
GEoRGlA'S ELECTION LAW.
summary Of the Plan Proposed to the
Legislature by the Committee.

summary of the Plan Proposed to the
Legislature by the Committee.
ATLANTA, Nov. 23.-The joint COM
mittee Of the senate and house appoint
ed to prepare a registration law which
would fill the long felt want in this re-
spect, has completed its duty, and the
bill has been submitted to the house.
Naturally, it is lengthy measure,
covering as it does subject OF vital I'M
portance. and furnishing the details Tor
registry system which will be general
throughout the state, meeting, as It
does. the objections and special condl-
tions Of special localities.
The bill first provides that no person
shall be allowed to vote i'll any election
in state or county affairs who is not q
legally registered voter.
The tax collector of each county IS
made ex-officio registrar and is required
to open, on January J, 1925, and on the
first day of each succeeding year, a
book, or books, properly prepared, head.
ed on the first page with the form Oh
oath prescribed, and to keep SAID book
open all the year during his Office noufs
of each day The tax collector, clerks
of the court and ordinary Of each coun-
ty are made board of revision for the
purpose of preparing, each year, list
of non registered voters; this list to be
presented, with the registry list, to
county board of election registrars who
are to be appointed by the grand jury,
and composed of three good citizens.
This board Is to prepare a third list, Dy
comparing the two furnished by the
tax collector, which will comprise those
entitled to vote but not on the registry
list although entitled to a place thereon.
This list, prepared by the board OF
registrars. will be the official voting list
and will be in the hands of each cleo
ton manager, together with similarly
nTenared lists of registered voters
who will be denied the right to vote I'M
less they submit to the following oath:
do swear Tor affirm that am 81 years
of age. have resided in this state one year
and in this county six months, next pre-
ceding this election. I have paid all taxes
which since the adoption OF the present
constitution of this state have been re-
uuired of me previous to this year, and
which I have had opportunity to pay, and
have not voted at this election
Upon taking said oath the managers
of the election shall receive his ballot
| and mark on the ballot and opposite
his name on the voting list the word
sworn.
| In its lengthy details, the bill is thor
ough and complete i'll every arrange
ment for the proper, legal exercise OF
the ballot by citizens of Georgia; at the
same time throwing such safeguards
around the elections as will effectually
prevent the corrupt practices sometimes
committed.
Huntsville gazette., 1894-11-24
A DISTINGUISHED C1Tlz EN-.

DR. Francisco Rice, of New Market,
has been appointed Probate Judge OF
Madison county to fill the vacancy caused
by the death of Judge Taylor. DR.. Rice
is one of the most popular and highly es
teemed citizens OF Madison and has rep.
resented the county in both branches OF
the General Assembly. At one time Dr.
Rice lived in Paint Rock Valley, Jackson
county, and he has number of friends
in our county who wlll be glad to hear OF
bis good luck. The appointment, says
the Huntsville papers, gives general
satisfaction. Scoltsboro Citizen.
Huntsville gazette., 1894-11-24
Do YOU WEAR. CLOTHES?

A good all-wool business suit fol
S12 and up; pants, So and up, made
to your order. Call and see sam
Piles, it will be educational to you,
even though you don't buy. All
goods guaranteed as represented to
be, or no sale.
Prices shall be the lowest fer gar
ments equal in quality, fit and
workmanship. All cloth and mat
erial used in making these clothes
are reliable and will give the
wearer proper service, or your mon>
ey will be refunded.
w. A. WEEDEN,
Agent.
Huntsville gazette., 1894-11-24
Decatur News.
Editor Gazette.

Editor Gazette:
Decatur mourns the loss of one OF
our most esteemed citizens.
Mistress Chardavoyne, who
died Nov 10, at 2 o'clock a. m.
Rev. Harvey, of Tennessee,
preached at st. Paul's Church at /
o'clock, Sunday.
The Baptist convention has ad-
journed and the preachers are al
gone home.
Rev. NJ J. Hooks preached a
very entertaining sermon Sunday
night at the Baptist Church.
G. w. Lockheart, Miss Higgens
and Mr.. Alex Smith visited Athens
Sunday.
Miss Maria Murphy, who was
called home on account of the death
of her auntie, has returned to school
in Athens.
Mrs. Fannie Ramey raised $500
on the suit of clothes for the pastor
of St. Paul Church.
Mrs Alice Bridgefort raised s21 OF
for the same purpose. Mrs. Alme-
da Sykes Sc so; Mrs. Lizzie Carpen'
ter, So %; Mrs. Georgia Perkins
$3.50. Rev. |. Townsend, of Bir-
mingham, is in Decatur this week
Mr.. Sol Sy kes will kill lot O.
fine hogs soon, averaging 25O lbs
each.
Rev. Gardner's supper was sue
cess.
DR.. w. E. Sterrs keeps study OF
the go. Friend pay your doctor
bills and your accounts to the Ga
zette.
Misses Bertha Schaudies, Jennie
Carpenter and others did earnes
work doing the entertainment.
Mr.. B. w. Lemons royalty enter
tained the Sunday School board anC
choir at his residence Monday night
Grapes and apples were in abund-
ance.
! Miss Jennie Carpenter and Mis-
Laura B. Wise and Mr. John Whit,
delivered fine orations at the Silve
Leaf Club Thursday night.
| Miss Vivian Cashin's peace OF
"Woman's Rights" have attracted
the atte ntion of friends abroad. Th,
First Baptist Church Of Decatu
will give a bazaar on the 18th o
next month for the pastor.
Miss M. B. Rice and Miss Grie
Harris are at the head of the enter
taipment.
| Mr. Jack Walden is running
| first class meat market. S. F. w.
Huntsville gazette., 1894-11-24
ROCKEFELLER INDICTED.
Thew hole Gang of Standard Oil Men Are
Wanted in Waco.

Waco, Tex, Nov. 2S-The grand
jury of McLennan county has returned
an Indictment against all the officers OF
the Standard Oil company, from Presi-
dent Rockefeller down.
The Indictment charges them with
violating the trust law of Texas by
making conspiracy to control prices.
Application will be made to Governor
Hogg for requisition on the governor
of New York and other states for extra
dition of the indicted parties.
Some weeks ago charges were made
In circulars issued by the Populist prop
aganda of McLennan county that the
Waters Pierce Oil company conducted
business In violation Of the Texas trust
law and was in a coal oil trust organ
lied to drive out competitors and con-
troll the price of that staple.
The charge was also made that Gov
ernor Hogg and Charles Culberson, at
torney general of Texas, We're cogni-
zant Of the illegal methods of the cor
poration named and refused to institute
an investigation, Notwithstanding that
proofs had been submitted.
The grand jury summoned the par
ties making those charges, and protract-
ed investigation followed.
Witnesses were brought from Mariet-
ia, O.. who testified that they manufac-
tured coal oil, but We're driven out o.
the market by the Standard Oil trust
of which the Waters Pierce combany
was member.
Forty pages Of legal cap are used in
describing the metb0ds by which the
coal oil trust drove out competitors by
selling oil below cost of production and
raising the .rice when the colnpetito
had been dislodged and driven off.
The men charged with faloniously
violating the trust law By conspiring K
control the price of Oil are John A.
Rockefeller. H. NJ Flagi5r, Benjamin
Brewster, Henry Fl. Rogers, William
Rockefeller. Jon D. Archibald, Web
ster H. Tilford. Henry Clay Pierce, Ar
thur NJ. Finley, @. Wells, William
Grice, Q. NJ. Adams, J. p Gruet, e. 7.
Hathaway, J. A Austin and the Texas
agents of the Waters Pierce Oil com
pany.
Governor Hogg, who is now in Wa
co, has consented to issue his reuuisi-
ton for th. indicted parties outside of
Texas The Texas law forbidding trusts
provides a term in the penitentiary for
its violation and heavy fine also.
Huntsville gazette., 1894-11-24
Capt. Kolb issues a manifesto de-

Capt. Kolb issues manifesto de-
claring his purpose to be sworn in as
governor of Alabama at Montgome-
ry, Dec. 1, upon the grounds that he
was elected by large majority OF
the voters at the August election,
but counted out. He invites his
friends and supporters from all over
the State to be present and aid in
his auguration by all peaceable
means. Gov. Jones says that he
will have the Captain arrested and
jailed if he attempts to execute his
plans. We shall see what we shall
see.
Huntsville gazette., 1894-11-24
,EpWorth League.

The Epworth League met last
Sabbath and reorganized by elect.
ing the following officers: G r
Donegan, presiden';; Miss A r
Cooper, first vice president; Miss
Kate Jones, second vice president;
MIR r G Hancock, third vice presi
dent; Mr. W A Weeden, fourth vice
president; Miss Hattie B Beasley,
secretary; Miss Laura M Turner,
assistant secretary; Mrs R c Ham
cock. treasurer; Rev L H Nixon,
chaplain: Miss Bertha Fackler, ed
itor; Mr. w l. Riley, critic.
Huntsville gazette., 1894-11-24

Young McCarver, who attempt
ed to evade testifying in the Keer-
vile lynching trial by declaring
himself an infidel, deserves severe
punishment. Judge Cooper made
friends by overruling the defendants
counsel and forcing McCarver to
testify, thus forcibly expressing his
belief that McCarver was guilty oi
perjury. Really the evidence ol
his mother was very strong agains,
McCarver and shows him to be 9
dangerous character.-Daily Mer'
curry.
Huntsville gazette., 1894-11-24

Tennessee seems doomed to the
disgrace of an attempt by certain
officers of the ruling party to count
out the honestly elected Republican
governor-elect, H. Clay Evans,
Let it be said to the credit of the
Democrats of that State and part Of
their leading papers that the shame
full job is discountenanced and con-
demned. The Chattanooga Times
takes advanced grounds in its pow
erfull opposition.
Huntsville gazette., 1894-11-24

Brother Mitchell, Of the Rich,
mond Planet. shows his good sense
in the following which we clip from
his paper Of the 18th inst.
Let US encourage our white friends
and condemn our white enemies.
To war upon the white people as
suck is wrong, and to war upon the
colored people is a sin. Harmony
of action and a charitable feeling
towards all is what is needed.
Huntsville gazette., 1894-11-24
NOTICE F0R PUBLICATION.

Land Office at Huntsville. |
Alabama, Oct, 20, 1894
Notice is hereby given that the following.
named settler has filed notice OF his inten ton
to make final proof in support of his claim, and
that said proof will be made before Register and
Receiver at huntsville, Ala, on the
3Osh day OF Nov, 1894
viz: Manson. Hammonds for Homestead Entry,
No. 1880 for the E "a Of S "a, Sec. 7, Up. q &
West.
He names the following witnesses to prove
his continuous residence upon and cultivation
of, said land, viz:
Jan es Isaac. Wash I-ockett, Hartwell leslie,
Centre Hill, Ala; Ed Douglass, Limestone. Ala
JESSE w. Ellis,
Register.
Huntsville gazette., 1894-11-24
North Carolina's Fusion Majority.

RALEIGH, Nov 23-The official re-
turns from II counties show that Tate,
Democratic nominee for state treasurer,
received 103. .535 votes, and Worth, the
fusion nominee, 1l5, 81. Twenty four
counties remain unofficially reported.
If these preserve the same ratio. the
Democratic vote will be 1873, 600 and the
fusion vote 154 900. This will make
the FMS on majority only $1,000.
Huntsville gazette., 1894-11-24

We can furnish you with
the best grades of Jellico and
Glenn Mary coal; also stove
wood and steam coal.
BOYD, WHITE & co.
Huntsville gazette., 1894-11-24
They Must Co Now.

Its no use trying to hang on to your
summer underclothing. Now Old Win-
ter is shaking his silvery locks at you
and you must prepare against his blast.
Go to Coons & Brooks and select your
winter underwear from their excellent
stock. You will gain money by it.
Huntsville gazette., 1894-11-24
THE CITY CHARTER.
The Committee Refused Copy Of the
New Amendments.

The committee appointed by the Cham
Der Of Commerce to make copy of the
amendments to the city charter, was re-
fused the original when application was
made for it yesterday.
The grounds Of the refusal was that the
amendments were not complete. The
amendments are now on file in the clerks
Office and may be read by any one inter-
ested.
Huntsville gazette., 1894-11-24

The agricultural products of Mad
ison county, gotten up by the Misses
Clay, Of the Huntsville Democrat,
drew the first premium at the South
ern Exposition.
Huntsville gazette., 1894-11-24

Republicans must cease TO com.
promise with the others. Run up
the Republican flag and march un.
der its folds. Birmingham Times.
We nave been trying for the past
two years, Doctor, to get you to see
this.
Huntsville gazette., 1894-11-24

All the mighty influence of our
pulpits should be brought to bear
toward a higher moral standard
among the youth Of the land.
Huntsville gazette., 1894-11-24

Blind Tom, the great musical
wonder, delighted the citizens Of
Oakland and Alameda county with
his musical genius during the past
week.-San Francisco, Cal, Eleya-
tor.
Huntsville gazette., 1894-11-24
N. c. & ST, l. R. R.

N. G. & St. L.R.R.
TRAINS NORTH.
No. 192-Leaves Gadsd9n Z ,55a N
" Guntersyille $50 am
Arrives Huntsville 2:0l IN
" Flora 2.576u
No. 1874 Leaves Huntsville 5;2Oan
I Flora 6:3Osn
TRAINS SOUTH.
No. 191 Leaves Flora 1122an
Arrive Huntsville 12I9pm
" Guntersville 4:35 pm
e Gadsden 6:30am
No. 1873 Leaves Flora S.0Opm
Arrives Huntsville 9:1Opm
ACCOMMODATION TRAIN SOUTH.
No. 1877 Leaves Flora 7:3Oam
Arrives Huntsville 9:2Oam
Hobbs Island 10:40am
ACCoMODATIoN TRAIN NORTH.
No. 19S-Leaveq Hobbs island 1916
Arrives huntsville 1.05 b m
Flora $50 pm
Huntsville gazette., 1894-11-24

President Cleveland deserves the
thanks of the country for increasing
the shelter of the civil service.
Huntsville gazette., 1894-11-24

A revival in moral training is
needed in our schools.
Huntsville gazette., 1894-11-24

Enjoy your thanksgiving by mak>
ing it enjoyable to others.
Huntsville gazette., 1894-11-24

The Republican is worth thous>
ands of dollars to the business world.
Huntsville gazette., 1894-11-24

For Malaria, Liver Trou-
bic, Indigestion use
BROWNS IRON BITTERS
Huntsville gazette., 1894-11-24

Messrs- ]. Fl. Patton and Percy Pat<
ton, Of Bell Factory. were in the city
yesterday.
Buy your dry goods and groceries at
Coons & Brock.
Huntsville gazette., 1894-11-24

1t is rather early to make states
for 1896.
Huntsville gazette., 1894-11-24

Who fills our jails and penitentia-
ries?
Huntsville gazette., 1894-11-24
DIED..

Jones--In this city Saturday
night, Nov. II, Mr.. Lindsey Jones.
Huntsville gazette., 1894-11-24

Next Thursday is thahksgiv ing.
Huntsville gazette., 1894-11-24

Comes the complainant. and it ap4
pearing to the satisfaction of the Regis
ter that the defendant, Matte cambridge
is non-res; dent of the State of Alaba-
ma, and that she resides in the city OF
Memphis, State of Tennessee.
1t is ordered by the Register that said
defendant cause her appearance to be
entered, and to plead, answer or demur
to the complaiDant's original bill OF
complaint, on or before the 3lst day in
December, 1894, or the same will be
taken pro coniesso against her thirty
days thereafter.
1t is further ordered, That this order
be published for four weeks in success
sion in the Huntsville Gazette, news
paper published in Huntsville, in said
District, the first insertion to be made
without delay; that copy be posted at
the Court House door in Huntsville,
and one forwarded by mail to said de-
fendant within twent7 days from this
date.
Done at Office in the city OF Hunts
vile. this 10Th day of November, 1894
J. B. CABANISS,
Register Chancery Court.
Huntsville gazette., 1894-11-24

Col. Crandall will contest.
Huntsville gazette., 1894-11-24

Cotton cannot remain king.
Huntsville gazette., 1894-11-24

More hogs and harmony IS needed.
Huntsville gazette., 1894-11-24
r0R nvsprpsva.

FOR DYSPEPSIA.
/ Indigestion, and Stomach disorders. take
BROWNS IRON BITTERS,
N dealers keep It, 81 per bottle. Genuine haa
oAde-maIk and crue6ed red lines on WyappeE,
Huntsville gazette., 1894-11-24
State of Alabama-M Madison County
In Chancery at Huntsville, Ala.

In Chancery at Huntsville, Ala.
At rules held by the Register OF The
Eighth District of the Northwestern
Chancery Division of the State Of Ala
bama, on Monday, the 10Th day o.
November, 1894:
Nelso n Dandrige. Complainant.
No. POOP vs..
Matte cambridge. Defendant.
Huntsville gazette., 1894-11-24

Right will yet pre- vail.
Huntsville gazette., 1894-11-24
SATURDAY. NOV. 2i, 1894.

1894 is nearing its end.
The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1894-12-17

In the Black mountains at the pres
ent day, the custom OF bearing home
the yule log i, still carefully observed
III all its ancient detail The house IA
ther fells the chosen trees; then he ut
tiers prayer and carefully lifts up his
log and bears it home on his shoulder.
His SONS follow his example. each bear
ing log fo1 himself. The father then
leans his los UP against the house, be-
ing very careful that the freshly cut
end Is uppermost; the lesser logs of the
other memh,r, surround it. and this is
the Glavni Badnjak. As the house IA
ther places each log he says, "Veseli
badnji dan, or \ merry log day. ="
The trc thus kiudled was not allow
ed to 90 ont until the following year, or
great evil would befall the household
The fagots Of the old fire lighted the
new Logs, and then Were carefully ex-
tinguished and stored away among tho
household treasures. In the highlands
Of Scotland To this day 1t is considered
great misfortune if the fire be allowed
to 20 out. ana often have | heard it
said, Vac nae luck. we've lect cot the
fer. philadelphia Public Ledger.