davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

The Canadian steamship Warri-
moo arrived this morning from
Vancouver with Geographic news
to the 18th inst. According to the
dispatches the back of the great
strike is broken and most of the
roads are now running on schedule
time. On the 9th inst. President
Cleveland issued a proclamation
ordering the mob to disperse. 1t is
admitted that the proclamation did
much TO bring the Chicago mob to
a sense of responsibility.
Debs, the leader of the A. R. L.
was arrested at Chicago on the 9th
inst. The charge is conspiracy to
interfere with United States mails.
Bail was fixed at $4,000.
President Cleveland is to appoint
a commission to investigate thor
oughly the causes leading up to
the present labor disturbances. But
before doing so all violence and
mob rule must cease and the strike
must be called off by organized
labor.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

questions which were necessarily
tried and determined therein" I'd.
"a judgment of a Court of com
petent jurisdiction. upon a question
directly involved in one suit, is
conclusive as to that question
in another suit between the
same parties; but to this
operation, it must appear, either
upon the face of the record, or be
shown by extrinsic evidence, that the
precise question was raised and de-
termined in the former suit. If
there be any uncertainty on this
head in the record, the whole subject
matter of the action will be at large
and open to new contention, unless
this uncertainty be removed by ex-
trinsic evidence showing the precise
point involved and determined. To
apply the Judgment, aud give effect
to the adjudication actually made,
when the record leaves the matter in
doubt, such evidence is admissible"
Russell v. Place, 81 .. S. Rep. 606.
To apply these principles: the de-
cree does not state upon which of
the two grounds alleged the injunct-
ion was ordered. 1t may have been
on either or on both. But it not be-
ing certain which was the precise
point determined resort may be had
to the proceedings to ascertain
which of the two points was deter
mined.
The burden of proof is on the
party setting up the estoppel. 2
Black Sec. 629.
Reference to the proceedings and
the decision of the Court in the
Equity suit show conclusively that it
considered that the evidence as to
whether plaintiff former defendant)
had performed his duties in skill
ful and proper manner was immster-
ial and disregsrded it, and held that
"the Company could at any time dis
charge the defendant, subject, of
course, to his action at law for DANA
ges for an unlawful discharge"
The precise point litigated and de-
termined in the former suit was not
whether the work of plaintiff was
done in a skillful and proper manner
and it is now open to the plaintiff in
the present case.
And the decree in equity does not
operate as an estoppel or bar to the
present action.
We therefore override the pleas
and the demurrur to the replication
of the defendant Company and
remand the cause to the Circuit Court
First Circuit for further proceedings,
defendant being given leave to
answer
@. Brown and W. A. Kinney for
plaintiff; A. S. Hsrtwell and f. Nj.
Hatch for defendant Company.
Honolulu, July II, 1894.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24
In the Supreme Court of the Ia
Waiian Islands.
I. W. RAwLINs vs.. THE Honolulu
Soar WORKS Co.
BEFoBE JUDD, Co., BICKERToN, AND
FREAR, u.
JUNE TERM. 1894.

W A demurrer to a declaration was
sustained in the Circuit Court on a
particular point and exceptions taken
TO the Supreme Court and there over
ruled. The Supreme Court held the
declaration deficient on another point
and sustained the demurrer on this
point and said that the plaintiff should
be allowed to amend and remanded the
case to the Circuit Court for further
proceedings. The defendant then
caused judgment to be entered in his
favor: Held, the judgment so entered
was null and void, because the decision
of the Supreme Court showed that the
case was not finally disposed of, and
was premature because there was then
no opportunity for the plaintiff to ask
allowance of his amendment, the Cir
cult Court not being in session.
(2) A decree in equity in former suit
between the parties was pleaded in bar
to the present suit. The decree did
not indicate upon which of several
contested points it was founded
Held, it was competent to ascertain by
extrinsic evidence the precise point
which had been determined in the
former suit. An inspection OF the
decision disclosing that the point in
the present case was not determined in
the former case it is open in the
present case.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24
The Baseball Trophy.

Some time in 1889, A. G. Spaul.
ding presented the Baseball League
with silver cup to be contes-
ted for by the different clubs. At
a meeting of the clubs then COM
posing the league, it was decided
to make the cup a perpetual prize,
the champions of each season to
hold it only as long as they re-
manned champions. The cup has
been held for the past two seasons
by the Kamehamehas. This ex-
PLANTATION is made at the request
of local ball players to correct
wrong impression, as it seems that
many people believe that if the
Kamehamehas win the champion
ship this year the cup will be their
property.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

Chamberlain's is the best of all.
Vincent j. Bark, of Danbury, Iowa,
has used Chamberlain's Cough
Remedy whenever 10 need Of medi-
cine for coughs aud colds. for the
past five years and says: sit always
helps me out. If anyone asks me
what kind of cough medicine use, 1
reply, Chamberlain, that is the best
of all Is and so cent bottles for
sale 10y all Dealers, BENSON. SMITH &
Co, Agents for H. l.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

Judge Kepoikai, of Maui, took
the oath Of allegiance to the Re-
public yesterday.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

Rudolph Spreekels and R. F.
Follis will leave for San Francisco
on the Alameda.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

Sharkey of the Philadelphia and
Thompson of the Champion will
have a prize fight early next month
for 800 a side.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

The Planters Monthly for July
is out. 1t has many articles of in
terest to anyone engaged in agri-
cultural matters.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

D. H. Hitchcock, who has been
very i'll, is reported as steadily i'm
proving.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

Jack Atkinson rode from Hilo to
the Volcano on his wheel in four
hours and ten minutes.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

The resignation of DR.. Miner
from the Board of Health has been
accepted, and DR.. Wood has been
appointed in his place.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

1t is probable that the Champion
will receive orders on the next
steamer to proceed to the Arctic.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

Messrs. Hugh Center, J. T. Nc
Grew and E. F. Bishop are booked
to leave on the Alameda.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

There is very little likelihood of
there being baseball game next
Saturday.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

w. J. Coon and J. S. Richardson
will, commencing tomorrow, con-
duct "IIaniwai" as a frst-class
bathing and beach resort.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

President Dole was a witness in
the District Court yesterday.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24
LOCAL BREVITIES.

w. w. Hall leaves for Hilo on
the Kinau today.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24
nent.

If you want your friends abroad
to keep posted on Hawaiian affairs
you must send them newspapers.
Send copy of the HAWAIIAN
GAZETTE or the ADvERTIsER-they
are the best.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

Puakela, a native, was sent to
Jail yesterday for a month for play
ing a sharp trick. One day last
week he called at President Dole's
farm in Pauoa Valley and told the
keepers that he had been sent for
some alligator pears A number
was given TO him. He then came
in town and sold them.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

Twenty-nine persons were regis
tered on the first day the Registra-
ton Board sat, thirty-three the Sec
Ond and fifty-nine Yesterday.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24
RAILROAD STRIKE ABOUT OVER,
Railway Managers Decline to Enter
tain the Proposition Of the Men.
PRES. CLEvELAND'S PROCLAMATION.

he Leader of the Strike Arrested for
Conspiracy-A Commission to be APP
pointed to Investigate and Learn
the True Cause of the Trouble.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

Alex. Cartwright is ranching
near Gilroy, California. Those who
saw him in San Francisco recently
say he looks typical rancher.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

Nine natives were in the District
Court yesterday morning for SELL
ing swipes. They pleaded guilty
and sentence was suspended in
each case.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

Attorney-General Smith will
leave for the Volcano on the Kinau
tomorrow. Although born on the
islands Mr.. Smith has never visited
the great cauldron.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

The following mail was sent on
the Australia: 1854 letters and
1915 papers.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

An excursion party is being or
ganized in San Francisco for voy-
age to the South Seas. The party
will travel in a brig. Honolulu is
named in the itinerary.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24
The Strike COLLAPSED.

CHICAGO, July 13.-Eugene v.
Debs, who ordered the great rail-
way strike, made one more inefec-
tual attempt looking to settlement
today. He drew up formal PROPOSE
ton to the general managers, agree
ing to have the men return to work
at once, provided they be reinstated
in their former positions, without
prejudice. He made an exception
in the case of any man who has
been convicted of crime, but Of
fered to have all the others go back
Immediately. He says that the
proposition was inspired by a de-
sire to subserve the public good, as
the strike, small and unimportant
in its inception, has extended until
it now involves or threatens not
only every public interest, but the
peace and prosperity of our COM
mon country. This proposition
was signed by Debs, Howard and
Keliiher, the principal officers of
the A. R. U. 1t was taken by
them to Mayor Hopkins, who at
their request presented it to Chair
man st. John, of the general man
ayers association. The associa-
ton was not in session, but after
the individual members had been
consulted it was returned to Mayor
Hopkins without an answer, and
with the information that no COM
munication whatever from Debs,
Howard and Kelliher could be re-
ceived or considered by the man.
ayers association.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24
"Sfrike to the End.D

CHICAGO, July 1.-The refusal
of the railway association to consi-
der the proposal of the A. R. U. for
a settlement of the strike has caus-
ed much disappointment and has
intensified the bitter feeling held
by the strikers against the rail.
roads. The executive board of the
A. R. U. met this morning to dis
cuss the managers action.
President Debs, referring to the
situation this morning, declared
that every avenue to a settlement
so far as the men are concerned is
closed by the action of the General
Managers Association. The union
now proposes to muster all its re-
sources, combine all forces and
give the railroads q fight to the fin
ish. The public, he declared,
would now have to turn to the
managers for a settlement. All the
men want is square deal. There
is talk of decreasing the military
force here, but the authorities are
awaiting the action of the A. R. U.
at their meeting to-day for more
definite information with regard to
the collapse of the strike.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

Five lepers escaped from the re-
ceiving station last night, and are
still at large. They were to have
been sent to Molokai on the next
steamer for the settlement.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

w. H. Aldrich was released yes
terday, after being incarcerated
thirty days for contempt of Court.
He said he had been waiting pa
tiently to be joined by the ADvER-
Users city editor, but he couldn't
afford to stay any longer than was
necessary,
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

B. C. Atkinson has been ap-
pointed Hawaiian Consul at Mid
dlesborough, England. This is
quite an important seaport, from
which ship has just cleared for
Honolulu.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

H. P. Wood has been appointed
Mr.. Girvin's successor as Hawaiian
Consul at San Diego. Mr.. Wood
is a son-in-law of DR.. Wight of Ko-
hala, and an old resident of the
Islands.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

Edward Dunn and Miss McCor-
riston were married yesterday
afternoon at the Catholic Church.
They left on the Mokolii last even
ing for Molokai, where their honey
moon will be spent.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

ACCORDING to a Kauai cores
pendent of the ADVERTISER, there
is a great increase in japanese i'm
portations which he contends are
replacing articles of American and
English make in many lines.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

LOCAL BREVITIES.
w. W. Hall leaves for Hilo on
the Kinau today.
President Dole was a witness in
the District Court yesterday.
D. H. Hitchcock, who has been
very i'll, is reported as steadily i'm
proving.
There is very little likelihood of
there being baseball game next
Saturday.
Rudolph Spreekels and R. F.
Follis will leave for San Francisco
on the Alameda.
Judge Kepoikai, of Maui, took
the oath Of allegiance to the Re-
public yesterday.
Jack Atkinson rode from Hilo to
the Volcano on his wheel in four
hours and ten minutes.
Messrs. Hugh Center, J. T. Nc
Grew and E. F. Bishop are booked
to leave on the Alameda.
1t is probable that the Champion
will receive orders on the next
steamer to proceed to the Arctic.
Sharkey of the Philadelphia and
Thompson of the Champion will
have a prize fight early next month
for 800 a side.
The Planters Monthly for July
is out. 1t has many articles of in
terest to anyone engaged in agri-
cultural matters.
The resignation of DR.. Miner
from the Board of Health has been
accepted, and DR.. Wood has been
appointed in his place.
w. J. Coon and j. S. Richardson
will, commencing tomorrow, con-
duct IIaniwai" as a frst-class
bathing and beach resort.
Twenty-nine persons were regis
tered on the first day the Registra-
ton Board sat, thirty-three the Sec
ond and fifty-nine yesterday.
Alex. Cartwright is ranching
near GiIroy, California. Those who
saw him in San Francisco recently
say he looks a typical rancher.
Nine natives were in the District
Court yesterday morning for SELL
ing swipes. They pleaded guilty
and sentence was suspended in
each case.
Acknowledgement Smith will
leave for the Volcano on the Kinau
tomorrow. Although born on the
islands Mr.. Smith has never visited
the great cauldron.
An excursion party is being or
ganized in San Francisco for a voy-
age to the South Seas. The party
will travel in a brig. Honolulu is
named in the itinerary.
Five lepers escaped from the re-
ceiving station last night, and are
still at large. They were to have
been sent to Molokai on the next
steamer for the settlement.
H. P. Wood has been appointed
Mr.. Girvin's successor as Hawaiian
Consul at San Diego. Mr.. Wood
is a son-in-law of DR.. Wight of Ko-
hala, and an old resident of the
Islands.
B. G. Atkinson has been ap-
pointed Hawaiian Consul at Mid
dlesborough, England. This is
quite an important seaport, from
which ship has just cleared for
Honolulu.
Edward Dunn and Miss McCor-
riston were married yesterday
afternoon at the Catholic Church.
They left on the Mokolii last even
ing for Molokai, where their honey
moon will be spent.
ACCORDING to a Kauai cores
pondent of the ADVERTISER, there
is a great increase in japanese i'm
portations which he contends are
replacing articles of American and
English make in many lines.
The preliminary examination of
Arthur White, charged with shoot
ing George Wood, has gone over
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

There will be another hare and
hound race next Saturday after
noon. The hares, Cupid and J.
Spencer, will start from the corner
of King and Fort streets at 5
O'Clock in the afternoon. w. Pres
tidge will be the captain of the
lonpJ.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-07-24

The preliminary examination of
Arthur White, charged with shoot
ing George Wood, has gone over
until next Thursday morning. An
additional charge, that of assault
and battery, has been made against
the defendant.
The herald-advance. (Milbank, S.D.) 1890-1922, 1894-04-20
Opinion of The Press

The defci. created by the Wilson bill
will no. be only in the treasury. II will
cause dehcl. IN every woTalngman
pocket Toledo Blade.
xiii the Wilson oi.l' is the cry OF
the country. But the way 20 Kill i. mos.
etfectuaIly is TO vote - return the re-
publican party 70 power Iowa State
Register.
The Wilson bill is the penalty which
the south imposes upon the north tor
having q ale the republic the most pros
porous and progressive nation on earth,
N. Y. Press.
This is the season OF criminal mysteries,
hus the biggest mystery Of all Is how the
democracy il going to crawl out Of the
hole in which it lies so deep. N. \
Tribune.
The great need OF the democratic
party is a new assortment Of profane e1
plesiyes for use in tslkfng about the
things that hare happened 10 it in the
pas, year St Louis Giobe Democratic.
The London Times is unable 10 under
stand the action OF President Cleveland
in the Sandwich islands. This is not
strange, when it is impossible for people
in this country 10 understand all Of his
actions here st. Louis Republic DEM J.
The den. ocratic national headquarters
at Washington are 10 be formally opened
Dy reception 10 the democratic mem
bers of the two houses Of congress. 1t
! will probably be closed with wake over
the corpse OF the party Omaha Bee.
The changes made in The Wilson bill
| by the democrats are not intended 10 make
| the measure any less hurtful to the
| country in a general way, but only TO
| promote the chances OF It's passage by
| fayoriDg certain local interests in states
| that never go republican. st. Louis
| Blobe Democrat.
1t Is true, IS Gov. Mckinley says, "tha,
the people hare realized their great
mlstake-a mistake which they now fee
most sen=iblv and regret most deeply
But they will have to, suffer the con
sequences CT that mistake until they
have elected president and a congress:
pledged TO restore the protective princi
/ pie e-Chica2o Tribune
The herald-advance. (Milbank, S.D.) 1890-1922, 1894-04-20

Then the municipal and charter cleo
tions 10 New York and Maine, IN New
Hamnshire and New Jersey, in Mich
lgan, Illinois. Wisconsin, Ohio. Mime
sofa Connecticut and other states, with
the res ulss sll one way. aud only ademo-
cratic candidate here and there saved
from the general wreck.
Then came Rhc1e Island, changing a
democratic plurality OF the proceeding
year into republican plurality Of 60"
and electtns a legislature almost soiidls
publican in both branches.
The herald-advance. (Milbank, S.D.) 1890-1922, 1894-04-20
Distress Tn. IN eFicam.

Ex-Presldent Harrison. always telic.-
tous IN expression, never more aptly put
10 words the sentiments OF the people
than he did IN his assertion before the
Union League Club OF San Francisco
that distress is nn-American. and the
authors of it should be repudiated by
The people" The ex-Preeident Justly
spurns the notion that the present de
preston snd suffering are the result OF
chance. He fixes the responsibility for
existing conditions just as the people
who have expressed themselves at the
ballot box al over the North have fixed
it, upon the Democratic party now
threatening to destroy all that makes
general distress impossible. "Distress is
un American bu, il is an un-Amerlcan
party that dominates the country
Happily, its tenure Of power is short.
The herald-advance. (Milbank, S.D.) 1890-1922, 1894-04-20
Ast to In dian Service

Washington, April 16.--The bill max
ing appropriations for the Indian service
for the fiscal year 1895, prepared by the
subcommittee, was laid before the tul
committee OF Indian affairs Of the house
today. The total amount carried by
the bill is So, ,455, 1856, against estimates
aggregatipg sG,93l ,556, and an approprla-
ton for the current fiscal year Of S7,l25-
396. The bill abolishes the office OF
superintendent Of Indian schools reduces
the especial agents from five to three.
and inspectors from five to Uwo Attach
ed to the bill is provision for ratitying
with certain notifications. the agree
ment with the iankton tribe OF si,ny In.
dians ia South Dakota. The sum of
5000 IS appropriate TO pay the ex-
penses attending purchasing Of goods
and supplies Tor the Indian service. and
it is provided tnst the Office Tor pnrcLas
ing goods and supplies, and the principal
depot therefor, shall be established at
Chicago.
Contrary to the general expectation.
mono OF the Indian agencies are abolished.
though 1t is provided that the maxi
mum salary Of agents shall be 1890 per
annum. For subsistence and civilization
OF the Sioux the bill appropriates $1,000
900 and for support Of Indian day and in.
dussrial schools and Tor other education.
al purposes like amount.
The herald-advance. (Milbank, S.D.) 1890-1922, 1894-04-20

Henry Independent, Il: The Mil
hank Review naiyely ende ayors 10 make
out that the nomination and election OF
the republican candidate for mayor Of
that city was ''joke. The voters also
continued the sport By electing ali of the
other republican candidates, with one
exception, in fac. the votes throughout.
the whole country seemed to perpetra.e
the same sort 81 button bursting pranks
and they have been holding hilarious
Notifications ever since, over the success
or their popular and practical pranks
We vii. guarantee that is '.jokes
which the Review editor relishes as little
as any resident OF Nilbank.
The herald-advance. (Milbank, S.D.) 1890-1922, 1894-04-20

ThirtY-three counties in this state
have sent reports OF crop conditions up
to. tie 9Th, TO the United states whea,h
er bureau at Huron, which show tba,
in the southern counties whea. seeding z
is far advanced, in some localities COM
pleted and little sp.ouled, althogh the
weather continues too cold for general
spron,iHg. Some oats and fax have been
sown. La the northern counties
seeding has begun and in the central
counties is generally we'll advanced :
The ground is generally IN excellent
condition for pioWing, seeding and, with
warm weather. the prompt termination
of seed. Madison Daily Leader.