davidaulloa/AmericanStories huggingface dataset:
The advocate., 1894-11-14

TALLY in the Language Of the statute, that the
defendant who not being lawfully and In
good faith engaged In the business OF drug
gist," did, az certain time and place. sell in
toIicating liquors. Is sufficient
q The irst count Of the information, after
the formal part, proceeds; Now, therefore,
I.Samuel s, Smith, county attorney Of Dick.
tnsOn county, in the state Of Kan.
sas, in the name and the author
ity OF the state Of Kansas, come
now here and give the court to understand"
etc. and the second and third counts, instead
of giving the name and Office OF the county
attorney as above set forth, proceeds: "And
further give the court to understand" etc.
At the end Of the information the county at
torney attached his official signature and YER
ifcatlon. Held. That the failure to give the
name Of the county attorney in the beginning
OF the second and third counts Is not sub.
stantlal objection.
g. Chapter 199 OF the laws OF 1889, which
purports TO amend the law relating to the re.
lease Of persons imprisoned for failure to pay
fine and costs, and who are unable to pay the
same, 10 unconstitutional and void.
All the justices cOncurrlng.
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-11-14

consequent injury 10 his neighboFs house or
building, Is subject to the qualification that
he must exercise due care and skill and that
he will be liable In damages. IL the injury 20
his nslghbOr tS occasloned by the negligent
and unsklllful manner In which the work Is
performed.
s. The filing Of q cross,peiltion attached to
q transcript or case.made previously hled In
the supreme court to reverse or modify the
commencement OF a proceeding In the court
az the instance Of the party fling the same
and such cross petition must be fled in the
supreme court within one year after the rem.
dillon OF the Judgment, or the making Of the
order complained OF, unless the party Is under
disability.
All the justices Concurrtng.
A true copy.
Attest: CO.. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-11-14
The State OF Kansas vs.. John D. Yeiter.
Appeal from Gray County.
REVERSED.
SYLLABUS BY THE COURT. HORTON, G.
SYLLABUS.

SYLLABUS BY THE COURT. HORTON, G.
/. Two offenses are charged in section l,
chap. 104 sess. laws Of 1881, just as distinct as
II they were covered by separate sections OF
the statue.
d The second clause or offense OF section
1. chap. 1O4. sess. laws OF 1881, was intended TO
reach such agents as attorneys, collecting
agents, ETC., who collect money for their prin-
ciDals and to make their improper failure to
pay on demand crime. State vs.. Bancroft,
~ Kas., 170.
g. The terms clerk and servant of private
person or Of any copartnership used in sec
tlOn l. chap. 104, sess. laws Of 1881, (sec. h8,
crimes act, gen. stat. Of 1887 include the CASH
Ter of partnership, operating q private bank
not incorporated, when such cashier Is en-
ployed at monthly salary to transact the
business Of the 6rm, under It's direction and
control.
T. Where the defendant, being a clerk and
servant, at monthly salary, OF copartner-
ship operating private bank, and also being
under the direct control OF such partnership,
Is charged with embeZzlement under the sec.
ond clause Of sec /, chap. 104 sess. laws OF
1881, and 1t appears from the evidence that II
guilty under chap 104, iC Is under the prOvi-
sions Of the frst clause OF sec. Of said chap
ter, and not under the second clause and the
information Is not sufficient under the first
clause, no conviction can be sustained.
All the justices concurrlng.
A true copy.
Attest: Y. J. BROWN,
IsEALl Clerk Supreme Court
The advocate., 1894-11-14
AFFIRMED.
HoRToN,C.J
BY THE COURT.
SYLLABUS

SYLLABUS. BY THE COURT. HORTON, c.
1. Where the owner OF lot desiring to erect
building OF certain dimensions thereon, en-
ters into q written agreement with the owner
OF the adjoining lot, who has three-story
blick building already erected upon his lot, to
use the east wall of such building for the
jolsts Of his proposed building and as party
WALL and in accordance with snch agreement
constructs two-slory brick building upon his
own lot, extending the joists thereof into the
east wall OF the tnree-story brick building ad'
Joining, and at the time of such written agree
ment between the adjoining lot owners, the
three story brick building and the lot upon
which IL stands is heavily mortgagedi and
subsequently the mortgage Is foreclosed, the
adjoining lot owners being parties defendant
in the action land being duly served with
summons, and by the foreclosure being barred
OF all the title, right and interest In aud TO
the mortgaged property from aud after the
sale thereby the decree of foreclosure and the
issuance Of q sheriff deed thereon, gives the
purchaser all the title and interest OF the de-
len1ants to the property. and such purchaser
at the sherif's sale becomes the sole owner OF
the lot upon which the three story brick build
Ing stands, including the party wall and 80
much OF the joists as were put into the eass
wall by the adjoining lot owner.
The general principle Is that every owner
Of lot, building or other real estate. mas ao-
solute dominion over his own property, but the
right OF an owner OF lot or building 70 take
down or change any foundation, wall or otner
The advocate., 1894-11-14
e757

S757
The state Of Kansas vs. Stub Crane.
Appeal from Rush County
REVERSED
SYLLABUS BY THE COURT. HORTON. g.
/. An information for criminal conspiracy
charged the defendant G. and his oO-defend-
ant G. with having obtained from one ~. Q
pTomissory note for $3.50. On account OF .
tightnlng rod put up on Ms house on che
The advocate., 1894-11-14
$780,
The State Of Kansas vs.. William Hickman

The State Of Kansas vs.. William Hickman.
Appeal from Dickinson County.
AFFIRMED.
SYLLABUS BY THE COURT. HORTON, @. J
1. The record examined and the evidence
held sufficient TO sustain the verdict OF the jury
that the defendant made an unlawful sale Of
intoxicating liquor, as charged in the first
count OF the information filed against him.
q In re ellison, 84 Kas.. GAL, followed.
All the justices ooncurring.
Attest: G. J. BROWN,
tsEALl Clerk supreme Court
The advocate., 1894-11-14
G. J. BROWN,
Clerk Supreme Court.
Charles Moran vs.. Patrick Moran.
Error from Wyandotte County.
AFFIRMED.

SYLLABUS BY THE COURT. HORTON, G. ]
Where tenant leases q dwelling house
from his landlord, without any definite time
being fixed for the expiration OF the lease, and
agrees to pay specified sum per month, to
be- paid monthly and the tenant continues in
possession Of the premises for over two years,
with the consent Of his landlord, but fails to
pay any rent. although frequently requested
80 to do, and his landlord then finally decides
that he wants the possession Of the premises
and gives the tenant formal notice to quit,
Held, That the action OF unlawful detainer Is
not barred because Of such possession by the
tenant with the consent Of the landlord for
over two years.
All the justices concurring
true copy.
Attest: Z. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-11-14
T. MCCARTHY VS.. A. H. Holden & Company.
Error from PaWnee County.

REVERSED.
SYLLABUS Blythe COURT. HORTON, G.
7. In order to effect valid appeal from the
Judgment Of justice Of the peace, the appel
liant must, within ten days from the rendition
Of the Judgment, place In the hands Of the JUS
tice, or in his Office, q proper appeal bond.
Bubb VS.. Cain, 81 X. 692
2, The filing OF a bond or undertaking
within ten days from the rendition OF iudg-
ment OF justice of the peace is a jurisdlc-
tlonal act and IL no bond Is fled within ten
days no jurisdiction is conferred upon the
appellate court In q case where q bond is
fled after the ten days from the rendition Of
the Judgment has expired, the appeal Is void
and the bond worthless. The justice conttn-
ues to have jurisdiction. and the case Is not In
the district court and that court has no juris-
diction thereof
All the justices cOncurring.
true copy.
Attest: O. J. BROWN,
TsEALl Clerk Supreme Court
The advocate., 1894-11-14
REVERSED.
JOHNSTON, ]
BY THE COURT.
SYLLABUS.

SKLLABua .DK THE COUhT JOHNSTON y
l. In proceeding to condemn crossing
for one railroad over another, under chapter
1874 OF the laws OF 1887, the decision and award
Of the commissioners Is final, unless an appeal
Is taken within the precribed time.
g. When proper application Is made In
writing and hearing is had thereon after
due notice to the interested parties, and the
commissioners determine that there 1s ne.
cessity for a crossing the place where 1t shall
be made and the manner OF such
crossing, as well as the compen-
saticn to be awarded and the terms upon
which 1t shall be made, their authority in the
matter Is ae an end.
3 An attempt TO reopen such decision
after the expiration Of more than four months,
and after one OF the parties relying upon the
conclusive character Of the decision, has eX-
pended large sum OF money, and where 1t
appears that the attempt to reopen and re-
hear will injurlously affect the crossing COM
pany, 1t ts entitled to the remedy OF 1njunc-
tion to prevent such reOpenlng the case or
any interference with the rights which 1t as
Qulred under the decision.
A. Where ruling is made refusing tenn
porary injunction in case where some of the
necessary parties are absent the principle Of
res GdjudicdtG will not apply to prevent full
hearing upon the merits either before the
same or some other competent tribunal.
5. Where q defendant in its crOss.Detition
asks for o to emporary order to enjoln the per-
Torrance of an act that has already been re-"
strained by an order Of the same court in an
other action between the same parties and
which Is still in force the rsfusal OF the addi-
tional order under the cross-petition cannot
be regarded as an abuse Of discretion.
All the Justices concurrlng
A true copy.
Attest: G. ]. BROWN,
[sEALl Clerk Supreme Court.
The advocate., 1894-11-14
1886

CIV. Winslow vs.. Joseph Bromich, ct al
Error from Clark County.
REVERSED.
SYLLABUS BY THE COURT. HORTON, G.
AmoVable sugar wagon, constructed ofsheet
and cast iron, four feet long. three feet wide
and twenty.six inches deep with three adjust
able low wheels about eight inches In diane
ter. used In o sugar mill for the purpose Of
holding syrup ana conveying 1t from place TO
place by being pushed by hand not actually or
construc,ively annexed to the realty, or to
anything appurtenant thereto. but being
placed Ia the mill for use only, and not to en-
hance the value Of the realty, Is personal prop
erty and not fixture
All the justices concurrtng.
A true copy.
Attest: C.J. BROWN,
[sEAL Clerk Supreme Court
The advocate., 1894-11-14
SYLLABUS
9s07.
John A. Doran, ct al. vs.. oscar D. Barnes


John A. Doran, ct al. vs. Oscar D. Bsrnea
Error from sedgwick County.
REVERSED.
SYLLABUS. BY THE COURT. HORTON, G.
An action to enioin the collection of an as
sessment, made by o city OF the irst.class In
paving o street. must be commenced within
thirty days from the time when the amount
OF the assessmenG is ascertained' IL all the
proceedings, prior to and including such as
Sessmsnt, purport to DO regular and appar-
emily confer full Jurisdiction upon the mayor
and city council to order the paving COM
planned o. Sec. 500, gen. stat OF 1889; sec. l,
chap lOl sess. laws Of 1887; city Of Topeka vs..
Gage, "A Kas. 81.
All the justices concurrinR.
Attest: G. ]. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-11-14
9818.

The Union Terminal Railroad Company vs.
The Board of Railroad Commissioners OF the
State Of Kansas OF al.
Error from Munndntkn Nnnntu
The advocate., 1894-11-14

Appeal from Dickinson County.
AFFIRMED.
SYLLABUS BY THE COURT. JOHNSTON,
1 An objection to the verilcation OF an In
formation that 1t was not sworn to positively,
but upon information and belief, should be
taken advantage OF upon o motion to quash
the warrant before recognizance for appear
ance at court Is given or other steps taken
which Will operate as waiver OF the defect
in the veri6catlon.
finding Of the trial court upon conflict:
ing testimony as to q disputed question OF
fact raised upon plea In abatement cannot
be disturbed by the supreme court
8. State vs.. LOCKER, ante, --, followed.
All the justices concurrlng.
A true copy.
Attest 9. j. BROWN,
[sEALl Clerk Supreme Court
sS62
The State OF Kansas va Dink LOCKER (whose
real name Is unknown.)
Appeal from Dickinson County.
AFFIRMED.
sYLLABua BY THE COURT. JOHNSTON
/. A charge in an information substaA.
The advocate., 1894-11-14

Leavenworth Lodge No. 2 OF the Independent
Order OF Odd Fellows, ct. al VS.. James l..
Byers, OF al.
Error from Iaavenworth Counkv
The advocate., 1894-11-14

In the Matter Of the application Of Nettle
Shook for Writ Of Habeas Corpus.
Original Proceeding in Hsbeas Corpus.
APPLICATION DENIED.
SYLLABUS. BY THE COURT. JOHNSTON,
In habeas corpus proceedings by mother,
the father being dead, to OBTAIN the custody
ents who have had the care and possession of
the child from infancy, tho future welfare Of
such child is the paramount consideration; /;
and under the evidence In this case ie is Held.
That the best interests of the child will not be
subserved by removing her from the custody
Of the grandparents.
All the justices cOncurr1ng
A true copy.
Attest: .. j. BROWN, e
[sEAL1 Clerk Supreme Court.
The advocate., 1894-11-14
SYLLABUS.

$780, -
The State of Kansas VS.. Otto Miller
Appeal from Harper County.
REVERSED.
SYLLABua BY THE COURT JOHNSTON J
An action was begun in the United States
circuit court In which receiver was ap'
The advocate., 1894-11-14

Error from sedgwick County.
REVERSED.
The advocate., 1894-11-14

SJOO'
The Board Of County Commissioners Of Mi
ami County, Kansas, vs.. ]. P, Hiner.
Error from Miami County.
AFFIRMED.
SYLLABUS BY THE COURT. JOHNSTON, ]
CHAPTER so of the laws Of 1898, being an act
fixing the fees and salaries OF certain county
officers Of Miami county, and which provides
that portions OF the act shall go into efece
lates section 10 Of article 2 OF the constitution
and Is invalid.
Horton, q. j., concurrtng.
Allen, j., dissenting
Attest: C.J. BROWN,
TsRAL1 Clerk Supreme Court
The advocate., 1894-11-14

Appeal from Dickinson County.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-06-23
THAT PROTEST.

The attempt of the eX-queen and
her political advisers to put aside
the inevitable by protest to the
diplomatic corps against the recog'
milton of the Republic of Hawaii, is
a laughable rather than a serious
matter. The move is just what
would be expected from the politi-
cal advisers who have surrounded
the ex-queen before and after her
fall.
Taken in connection with the
resolution Of the Senate Of the
United States, which is notice that
foreign interference in the political
affairs of Hawaii will not be toler-
ated the official action of the
United States Minister in refusing
TO either accept or acknowledge the
protest, or recognize any established
Government here except the one
now in power, virtually places a
quietus upon this last royalist alb
surdity.
There may be, however, method
in this seeming madness. If the
STAR is correctly informed, there
has lately been exhibited a de
sire on the part Of several certain
persons claiming TO be in the con
fAence of, or at least, in touch
with the exQueen, to further ne
gotiations for securing to her
benefit and use a pension in the
form Of an ANNUITY from the Repub-
lie. The theory has been started
that a protest might be used as a
sumulator 10 raise the price Of this
golden salye 10 disappointed po-
litical hopes.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-06-23
GEMS m VERSE.



sing ODE Ur.f...... r.HHI. THINGS tuuwsi
u tUmuc 600 u.I t.r.r. IHU..U.n...
No'sf Rood u uHuH .u. I. could write a iottrr.
ls't ru.iflH eIuIt I.r..U. Iu I.r m.trr.
An ,.sa,f Merely t.fu.a... IHou.ht Obscure.
nutcf Alu.'ur duIl ruI hammer poor
4 hisioyf o. uH- aultUllu.E
IrnN"R AIlwfuul. though Do, was ucVcrthore
u you would ur amused suuIlhrypr ruc iu.
Take him Jour book and H.k him To- look
Through BE-
Observe him WE'LL lli. Wruucr ia delicious
70 bland. an wise, sU Mind anu nll Fictitious.
With pur-cd mp Digs and gIi.tHulnr. vain eyes
~ smooth -burn p1rhDr BOO uouadnl rui-ei,
lie pnsscs ON your work his rriiici-fn.
The final trump. thc deadly Dttacly-m.
Tho meckcr you, moro arrogant he grows
IN streams pruIu-o li- crUuit.uu flows:
Marks every fault with iubIlsut infection:
Matter and manner both require correction:
The plot is uull, tho execution Door.
To crown IL all, your uJmc is too obscure.
You leave him in % ttlta ct sad detection,
But learn uuuu a little calm reflection
There's no occasion for such dire despair
His looks alone are wise; his words mere air.
Ethel kilduw.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-06-23
WATER NOTICE.

In accordance with Section l of Chap
tiers NNNl of the laws o. 1856.
All persons holding water privileges
or those pay ing water rates, are hereby
notified that the water rates for the
term ending December 4, tsD4 will be
due and payable at tn" Office of the
HONOLULU WATER WORKS, on the first
day of July, 1894.
All such rates remaining unpaid for
fifteen days after they are due will be
be subject to an additional 10 per cent.
Rates are payable at the office of the
Water Works in the Kapuaiwa Building.
ANDREW BROWN.
Supt, Honolulu Water Works.
Honolulu, II. l., June 49, 1894.
37S-23t
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-06-23

III printed, old fashioned and homcly,
Bearing namo of a small country town,
With an unfeigned sncer at its wrapper queer
The postman ia scorn throws IL down.
Dispatches and pictures are wanting:
For Cabcgrams tcr-c search in vain:
Nonder great city sheet, with its "features"re re-
plctc,
Makes the columns seem stability plain.
But con every lire that 1t offers:
Each item briuEs something to view
Through the vista Of years, Of youths plea
ures and fears,
And serves their keen touch to renew.
The death of a girl once courtod,
The growth OF a firm / once jccred.
The rise Of a friend whom l loved to COM
mend,
The fall of a man roycrcd.
As l read drift drcamily backward
To days when to live was hut 10y;
think and pore till the citys dun rom
Grows fant-aud again I'm boy.
Rare perfumes Of green country byways,
Far music of mowers and bees.
Ana the quaint little town, with its street lead
ing down
To the creek and the low bending trees.
Around me the forms Of my comrades;
About us enrth's glorios unfurled:
Each heart undehled, with the faith Of n child
Looking forth to a place in the world
And the paper tells how all have prospered
follow their lives rs they now
Applaudng each gain and regretting each pain.
For the sake of the days long ago
Then somehow my cares seem less heavy
For the voyage | take as | read
And fancy, for-ooth, that the vigor of youth
Is imbibed to replenish my need
Above all the huge city dailics,
With ponderOus utteranCe wise,
This scant page hath power to spread out for
an hour
a fairyland sweet TO mine eyes.
Ill printed, old fashioned and hornely.
Bearing name of "a small country town,
wait and seek for the moment each week
When the posiman in sCorn throws it down.
Charles Moreau IIarger.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-06-23

No change, you say? Nothin,, OF loss that tells,
Trees, flowers, are they rs lovely as of yore7
Does spring stiil Geek with corals and green
bells
Our favorte sycamore?
The early lilacs, bloom they rank on rank,
Purple and white as they have bloomed for
years.
Old crown imperial on the messy bank,
Sheds he his boarded tearst
The rose acacia, does il carpet now
The pathway with its waxcn blossoms 7ed2
Drop the smooth berries from the laurel bough
Into the violet bcdy
suffer the birds no loss, bereft so long
OF usS Is not the blackbird mute for doubt2
Is no part wanting TO the thrush's songT
No liquid note left out2
Does the moon show behind the hedgerow
elms
Black bars against n spectral sea of light?
ReiGns our one star over the heavenly realms
King, on clear, cold night?
They bloom, sing, shine, our absence hindering
not;
They are but waiting till ourselves have
ranged
Enough, so we, revisiting that spot,
May find them all unchanged.
Augusta de Grouchy.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-06-23
3sO3t
PUBLIC SCHOOLS EXERCISES,
Interior Office.
June 90, 1894.

The annual closing of the Public Day
Schools in the District OF Honolulu will
/ be held as follows
SCHOOLS IN THE ENGLISH LANGUAGE.
On Monday, July 9th, at Marques
vile, Beretania Street, Moanalua and
Kalihi-uka Schools
On Tuesday, July 10Th, at Wailupe
Kamoiliili, Manoa and Waikiki.kai
| Schools.
On Wednesday, July 18th, at the Pc
hukaina Girls School and Pauoa Schools
On Thursday, July 18th, at the Roya
School and Kalihi-waena School.
On Friday, July 18th, at the Fort
Street School and Kauluwela School.
SCHOOLS IN THE HAWAIIAN LANGUAGE.
On Monday, July 9th, at the Govern
ment School House at Kawaiahao, Kau-
makapili, Kawaiahao and Roma wv.
And at Eva, Waianae and Koolau.
poke as follows
On Monday, July 10th, at the Waia.
hole School, Koolaupoko.
On Tuesday, July 18th, at Pollai and
Makua Schools, Waianac.
On Wednesday, July 18th, at Waiawa,
Eva; and at Kaneohe and Waimanalo
Schools, Koolaupoko,
The exercises will be free to all and
will begin at . o'clock A. NJ, on each
day named.
After the exercises, summer vacation
will extend to Monday, 10th of Septem-
Der next, on which date the next school
year will begin.
BY authority of the Board of Educa-
ton. Honolulu, Iure 81, 1884
3sD-gt
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-06-23
Supplies FOR The Insane Asylum.
Interior OF ne.
June -. .S0i.

OFFICE OF THE BOARD OF HEALTH
Honolulu. JUNE p, 1884,
Sealed tenders will be received at the
Office of the Board of Health until u m,
Wednesday June 81, 1894 for furnish.
ing the Insane Asylum. Honolulu, with
the following supplies for six months
ending December 81, 1894.
Beef, rough, per To-, about 1850 lbs.
per month.
Beef, steak, per h., about 19i lbs per
month.
Bread, loavos, per loaf, about G2O
loaves per month.
Bread, medium, per h., about $50 lbs,
per month.
Brooms, stea nboat or mill, per dozen,
about dozen per month.
Baking powder, Royal, 6 on. tins, per
dozen, about dozen per month.
Beans, bayo, per To-, about 50 lbs. per
month.
| Coffee, green Kona, per h., about
| lUO los. per month.
Flour, Golden Gate. per sack. about
3 sacks per month.
Matches, long card, per gross. about
I / gross per month.
Dat meal, per h., about 30 lbs. per
month
Oil, Kerosene, Standard Oil Co., per
case, about 8 cases per month.
Onions, per 3D., about crates per
month
Potatoes, per H., about 6 crates per
month
Pork, corned, per Dbl. about /, Dbl.
per month.
Prunes, dried, per h., about % lbs.
per month.
Raisns aud dried apples, per h.,
about 30 lbs. per month.
Rice, Hawaiian, No. /, per h., about
200 lbs. per month.
Sugar, Hawaiian, No. /, per h., about
500 lbs. per month
Salt. Hawaiian. per h.. about 100 lbs.
per month.
Salmon, red, No. /, per bbl., about
A barrels.
Tea, China pouchong, per h.. about
10 lbs. per month.
Tobacco, plug per h., about IS lbs
per month.
Tomatoes, canned, per dozen, about
dozen per month.
Wood, alsroba or ohia, per cord, about
3 cords per nohth.
Bran, per ton, about j, ton per month.
Middlings, per ton, about y ton per
month.
Rolled barley, per ton, about l., ton
per month.
All supplies must be delivered at the
Asylum in such quantities as from time
to time required, and subject to in
spection and approval of the medical
superintendent or the executive officer
of the Board of Health.
All tenders must be endorsed "Teu.
der for Supplies, Insane Asylum"
The Board Of Health does not bind it.
self to accept the lowest or any bid.
WILLIAM o. SMITH
Presiden. of the Board of Health.
1872 st