davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1894-07-17
WHAT NEXT?

The HoIomua is leading the roy
alists who are satisfied that there is
nothing more to be gained for their
cause by an obstinate refusal 10
participate in the domestic affairs
of the country. 1t has practically
come out in favor of accepting the
situation, and taking the oath to
support the Constitution. There can
be no manner of question that this
is the plainest common sense, and
it is a wonder that there has ever
been any doubt upon it in the minds
Unreasonable men. At the same time,
that sincere advocates of the mon
arcby should have chung to the
hope of restoration, even after all
rational hope was gone, is not sur
prising, for it is simply human ma
ture and, as Artemus Ward says,
"There is lots of human natur' in
man."
The members of the Commission
which has just started for Wash
ington were all well satisfied that
their mission was a hopeless one,
and it is not far guess to suppose
that they went not so much to sat
isfy themselves as to put an end to
the doubts and hopes of others.
The result of the mission will be
either to leave things just where
they are, or else to convey to the
most persistent royalist the convic-
ton that further hoping is mere
folly.
But can the native adherents of
the ex-queen afford to wait until
the return of this Commission from
Washington? At present nobody
knows when it will reach its des-
tination, or when it may be back.
In the meanwhile, the days are
gliding by, the registration Of
voters will soon begin, and close
upon its heels will tread the cleo
ton. In whose hands do the
native Hawaiians propose to leave
their interests ? Is it not very clear
that they should not delegate the
protection of them TO anyone, but
do the work themselves 4? There
is only one way TO do so now open,
and that is by entering vigorously |
into political life. The Constitu-
ton is free one, and it leaves the !
The Hawaiian gazette., 1894-07-17

first husband one C. Hapai by
whom she had son. Afterwards
the first husband dying she mar
ried the late Geo. e. Richardson.
her second husband, with whom
she had four children. The illegi-
innate daughter and her son by
the first husband are still living.
In 1892 the second husband who
made a will, died leaving the wife
and four Richardson children sur
viving him. Soon after, Mrs.
Richardson died, and thereafter
one of the Richardson children
died, also. All these three deaths
happened during the month Of
April in 1892. In 1891 Mrs. Rich
ardson had executed an instru-
ment by which she sold and con-
veyed all her estate as a married
woman to her four children by
Richardson, and there appears to
have been two insurance policies
on the life of Geo. E. Richardson,
one being in favor of the estate and
the other in favor of one of the
Richardson children who is still
living. The questions presented for
decision were, first, does the widow
take under the will or by right of
dover? Second, if by right OF dow
er, is the insurance policy payable
to the estate to be considered such
property as would entitle the widow
to dover? Third, what is the effect
of the instrument executed by Mrs.
Richardson? Fourth, who are the
heirs of Mrs. Richardson Fifth,
who are the heirs of the deceased
child?
In relation to the first point
Judge Cooper says that as the Wild
ow had not had her election within
the prescribed time aud that pre-
scrlbed time not having expired
before her death, the Court must
make the election for her, which is
that she take her dover and not by
the terms of the will. To the sec
Ond point, the Court holds that the
insurance policy made payable to
the estate is subject to the widows
dover. TIC the fourth question the
Court holds that the lllegitlmate
daughter inherits with all the other
children. To the fifth point, Judge
Cooper holds that the Legitimate
daughter inherits with the others
as far as the estate of Mrs. Rich
ardson is concerned, but not other
wise.
The accounts were approved and
the executor was ordered dis
charged. w. o. Sn,ith, executor
in person; w. A. Kinney for the
heirs.
In the matter of the estate of the
late E c. Damon, Judge Whiting
has admitted the will to probate,
and ordered letters testamentary to
issue to the widow without bonds.
J. A. Magoon for the petitioner.
The Hawaiian gazette., 1894-07-17
OPINION OF THE COURT BY DIckERroN. j.

OPINION OF THE COURT BY BICKERToN. ].
This matter comes here on appeal
from the Commissioner of Private
Ways for the District of Koolaupoko,
Island of Oahu. The plaintiff owns
kuleana described as Apana l r. 2.
1878, L. q. A. 9639 situated at Wal
kalua, Kaneohe, District Of Koolau-
poke. This piece of land is short
distance from the Government Road,
to reach which, he (the plaiutiff)
has to cross tract of Crown
Land which is under lease
to the defendant, who has
fenced along the said Government
Road thereby preventing plaintiff
from going to or coming from his
land. The Commissioner, after due
proceedings were bad, decided that
the plaintiff was entitled to have a
road ten feet wide running from the
Government Road between two GER
tain kuleanas, and continuing on to
plaintiffs land. This road is a mat
ter of necessity to the plaintiff. He
must have a way to and from his
land. 1t is night which he acquir-
ed with the land There may not
have been a road of 4 certain width,
and perhaps not always III exactly
the same location; it may have only
been trail to the plaintiffs land
across the Crown Land. The locs-
ton is created by use; the plaintiff
could not have a number of roads;
he is only entitled to one, and the one
he had been using was closed up by
defendant, and when the matter
came before the Commissioner it
devolved on him to direct where the
location of the road should be, also
how wide it should be, at the same
time taking into consideration the
necessity for the road and the best
location to place it, SO as not to in
terfere, more than was necessary,
with the occupation of land over
which the road passed. We do not
regard it necessary to consider the
question of prescriptive right, as this
is a case of a way of necessity.
This question of right of way is fully
discussed in the case of Lula
Kalaukoa v. G. Keawe, decided by
this Court July IA, 1893.
The Court there holds, IN
speaking of where the existence of a
right of way is only provided for,
that the location, width &c, must
be ascertained by evidence, such as
the condition, or character of the
lands and the uses made of them, or
tho acts or acquiesence of the part
ies." The reasoning in that case is
very fully sustained by large mum
Der of authorities there cited, and
applies in every way to the case at
bar.
We are of the opinion that the
decision of the Commissioner was
right in ordering a road opened
where he did. 1t is not in any way
and conforms to the
necessities of the case. This matter
coming here on appeal, we order
that road be opened ten feet wide
running as near as possible 10 q
straight line from plaintiffs land
and passing between the Kuleanas
Of Kumalae and Kaailua to the Gov
Road; the defendant to
maintain a gate of not less than ten
feet wide where this way enters the
Road, the said gate to
be free to the use of the plaintiff at
all times.
The appeal is dismissed.
j. A. Magoon for plaintiffs; w. Z.
Achi for defendant.
Honolulu, II. 1 July 6, 1894.
The Hawaiian gazette., 1894-07-17
80

In a country where trade
winds blow great guns 'steen
months in the year something
different from AN ordinary
clothes line and pins are
needed, because the washed
clothes are apt to blow off the
line and fall, "buttered side
down" in the dust. If your
serving lady happens to be a
japanese, she will murmur, in
an undertone perhaps, some of
choicest epithets that are
suggestive of blue fire. In re-
tormatory work, an effort
should be made to restrict
the corps of servants, as we'll
as members of the household,
to language which could be
used in the drawing room as
we'll as at the wash tub.
One step toward accomplish
ing such Il result would
be in adopting the
Pinless Clothesline. To
be obliged to go from one end
IF line to the other with the
arms full of clothes and the
mouth gagged with clothes
pins is unpleasant to say the
least; then to have the clothes
to wash over again is much too
muchand not conducive to good
thoughts or good language.
With a pinless line all such
troubles are avoided, Lut the
clothing in the slot and the
gentle breezes do the rest, the
harder the wind blows the
less danger there is of the
pieces coming loose; if it
doesn't blow at all the clothes
hang there just the same.
Calculate the cost of a rope
line and clothes pins and add
to it about what it costs to
renew clothes pins and buy
rope after it has rOtted away
and you will find that in a
year you spend twice as much
as if you bought a pinless line
and keep it going every day
for a decade.
The HAWAIIAN HARDWARE Co..
3O7
Fort STREET. H0EoLULp.
The Hawaiian gazette., 1894-07-17
WAS IT CONTEMPT?

A decision was rendered BY the
Court yesterday in re the citation
of the editor of the ADVERTISER for
contempt. The Court found that
the act complained of was a con-
tempt, and punishable as such.
The publication complained OF
consisted simply of statement of
the facts in the case of the at
tempted escape from the country
of W. II a drich, with the added
inference that the explanation of
these facts made by Aldrich could
not be correct. This statement
was published as news after the
hearing in Court was completed,
but before the decision had been
filed. The case was, therefore,
technically still pending, and the
publication was found by the Court
to be a contempt because it was
comment" on pending case.
Without entering at this time
upon any discussion of the law, we
desire to point out the impolicy of
any rule which regards publications
of this nature as contemptuous and
Furnishes them as such. Such
rule is oppressive and is incon-
sistent with the legitimate freedom
of the press. To avoid absolutely
any comment upon matters which
may be in issue before the Courts,
is simply impossible. The rule of
law which requires it, if there be
any such rule here, is antl1uated
and utterly unsuited to the ideas
and customs of modern society.
1t is discarded in the United
States, and it should be in every
civilized and progressive society.
The power of the Court to pun
ish for contempt is summary and
without appeal, and therefore very
dangerous. 1t is granted only to
protect the Court from such acts of
insult and disobedience as would,
if persisted in, make the discharge
of its functions impossible. 1t
should not be exercised for any
other purpose, and when it is it be-
comes tyrannical and oppressive,
thing against which the manhood
and self-respect of Anglo-Saxons
cry out. Will any sane man
claim that the publication in the
case above referred to was of a kind |
which must be suppressed at all |
hazards if Courts are to be main
tanned and justice administered? |
On the contrary no one but law
yer would ever imagine it to be an
offence at all. The average man
is at loss to understand what is
complained of. lis to be hoped
hat the ruling of the Court will
not be upheld in any future case
which may arise. unfortunately
The Courts should establish the
doctrine that publications of this
nature are punishable by summary
process, the Legislature should
AXE the matter up and pass laws
which shall suppress the tyranny
If judges as effectually as we have
already suppressed the tyranny of
'ulers.
The Hawaiian gazette., 1894-07-17

Owing to the railroad troubles
the tug Fearless recently left San
Francisco for Santa Cruz with
John D. Spreckels on board. She
also carried number of passen-
gers for Del Monte.
The Hawaiian gazette., 1894-07-17
VIM. HENRY v. l.. AHLo.
ROAD CONTROVERSY.
JUNE Term. 1894.

Where a Kuleana is granted within
Crown land, the owner Of the Kuleana
has right of way by necessity from II
to the nearest Government Road.
The Hawaiian gazette., 1894-07-17

In the Supreme Court Of the Ba-
waiian Islands.
JUNE Term. 1894.
VIM. HENRY Y. l.. AHLo.
BEFoBE JUDD, CT, BICKERToN, AND
FREAR, u.
The Hawaiian gazette., 1894-07-17

July If, 1894.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-03-10
NEWS IN A NUTSHELL.

Branches of the Union arty are to be
organized at Pearl City and Waianae.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-03-10
CENTRAL UNION CHURCH.
ITS BOOK FOR rnE CURRENT YEAR
HAS BEEN ISSUED.
Tells All About the Work-Narious
Fields-Reports-L OF Officers
The Membership.

The 1893 book of the Central Union
church has just been issued from the
STAR job department. 1t is a very neat
pamphlet of forty pages in small type.
The table of contents lists: Services and
meetings. officers for 1884, resignation
of pastor, minutes of the couhcil, report
of clerk and treasurer, Chinese mission,
japanese mission, Ladies' Society, Mis-
sionary Cleaners, Portuguese Sabbath
school, Sunday school superintendent
and treasurer. treasurers of building
fund and board of trustees, Women's
Board of Missions, Y. p. $. G.. Il.
As is well know the position of pastor
is still vacant. The other officers are:
Deacons-W. ID. Alexander. j. T. Water
house Jr., j. NJ. Whitney. 4. G. Damon,
A. +. Judd. z. G.. Jones. Deaconesses-
Mrs. T. Ii. Hebron, Mrs. L. q. Thrum,
Mrs. Z. G.. Jones, Miss III. $. Judd.
Standing Committee-pa Pastor, deacons
and clerk e.c ogiciO and S. II. Bishop aud
A. b. Lyons. Clerk, w. w. Hall.
Treasurer, +. j. Lowry. Sunday school
superintendents-Ch Nj. Cooke, Mrs.
! +. j. Lowrey, Margaret l.. Hopper.
Treasurer. VIM. j. Forbes. Librarian.
Geo. Kluegel. Assistant Librarian. Vida
IThrum. Trustees-C. r, Bishop, j. b.
Atherton, }. Shaw, j. o. Carter, y. NJ,
Damon, Alex. Young, II. Warehouse,
Is. T. Dillingham;, c. NJ. Cooke.
The church has 4G2 members. Ad.
ditions during the year were twenty
three, and losses by death and other
wise precisely the same.
| Financially, the church is in excel
lent condition. The building fund
managers made most pleasing report.
The various missions and charities re-
port in detail on their work. Their
labors have been effective, and all have
shown willingness to assist. For the
Ladies' Society, Elizabeth Hall, reports
Y. Z. S. g. f., Grace L. Wing; WOmen's
Board of Mi sions, Mary Knight II de
Missionary Cleaners, Belle +. Jones
Portuguese Sabbath School, n. b. Elmer
son; Japanese work, Harriet Castle Cole
man, Chinese mission work, Frank w.
Damon. 1t is expected That in a very
few months. now II new pastor will be
installed. Rev. A. S. Twomblv, who i,
filling the pulpit temporarily, has found
favor with the people generally.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-03-10
FL0TSAM AND JETSAM.
NOW FORTY TINS OF DOPE on THE
CD. BRYANT.
The British Bark Eastcroft to Royal
Roads Mikahala From Kauai -Kaala
From Hanamaulu.
A windy waterfront day.

A windy waterfront day.
The steamer Kaala arrived from Hama
maulu this morning
The British bark Eastcroft sailed out
of the harbOr this afternoon in ballast
for Royal Roads.
Freight Clerk Gilfillian of the Claudne
is convalescent after weeks siege
with fractured rib.
| The steamer Mikahala came in with
n big cargo of sugar from the leeward
Kauai plantations.
The japanese cruiser Naniwa will
leave for liilo tomorrow afternoon with
Consul. General Full. 1t will probably
return in about a week.
The harbor police should keep an eve
on the youth, some way along in their
teens, who go in bathing along the
wharves minus any covering.
The sugar is pretty well all cleaned
up at Makaweli. The Pele brings a load
from there to morrow. About half the
crop is in now and about the same
amount of sugar is expected this seas, n
as the plantation produced last year.
A find of forty tins of opium was
I II
morning by Customs Guards I,uabiwa
and Lyons. This vessel has been care
fully watched as she has been dis
charging at the Pacific Mail wharf.
,u. vol b,,or fox ,i,o Lyo,,oo ,,,,.
inc u,;Ii be toIoy ,ror on ,ba MI
naSt Mondor 7, IL f,,ishad lei,
I;rnur 1910 v;ta" attach n1art " for rao "h
re ha,vse, ,n be ,,sod as Sin i;n,S
Sec n,are ,,,oorod y, lie riaoa i,o
y, "v ,,. ,,; ,,I
san;i;t,, p s,rnishad go III tLat "u W. S'enS
,nstany,s do,ar IL nnnossar, tn Tho Wa1 a.,
mm si Co 80, IL Ua"ri,nd hos NJ,
,ba r,ost smnn.SsSni staan,or ,hat a,nr
,i;ad ,n liz not '''"''' ''''' '''
pteu " '"'' poi, -,
Inc steamer. Llkellke had p narrow
escape from 3elnS wrecked at fepeeke2
LANDING last wednesday; Sne Onmpeh
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-03-10
QUEENS HOSPITAL.
Reports Made to Trustees for tbs
Quarter just Ended.

Reports Made to Trustees for the
Quarter just Ended.
A. s. Cleghorn, chairman of the ex-
ecutive committee, presided at this
months meeting of the Queens hospital
trustees. Reports were read by Secre-
tary Schaefer and Treasurer Patty. The
visiting committee for the next three
months will be Rev. A. Macintosh,
f. f Bishop, G.. Bolte. The following
hospital data is for December, January
and February, and is from the report Of
Drs. G. b. Wood and Geo. p. Andrews:
Number of patients at present in the
hospital, 90: Hawaiians, 80; Chinese, 2;
japanese, 4: other nationalities, IL;
pa, ing, 90.
Admitted during the quarter, 1875;
Hawaiians, 80: Chinese, s; Japanese, "a;
other nationalities, 43. Discharged,
liz: Hawaiians. 40; Chinese, 3; Japa.
nese, n: other nationalities, AZ.
Deaths, lS; Hawaiians, g.; Chinese,
3: Japanese, and l American. OF
these, two died within 10 hours and
three within thirty six hours.
Twelve operations were performed
and there was one post mortem exam
nation.
The total number of patients treated
in the hospital was 3l4; greatest numbt r
at one time, 81; smallest number, a;
daily average, 81. Number of pre-
scriptions, 52S
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-03-10
ON COOPERATIVE LABOR.
VIEWS or WIN. II. DowEN on ONE OF
THE LIVE QUESTIONS.


AT an open meeting of the American
league last Monday, w. a. Bowen read
an exceedingly bright paper on Coo
opera.ion." He treated ably of finance
and politics and said this about planta.
ton labor:
The questions have been recently
asked what would the planters of
these Islands have done. if annexation
to the United States had become an ac-
complished fact one year ago?' Now,
Mir. President, let it be distinctly under
stood that l am not in any manner
authorized to represent the planters,
and that | do not assume to speak for
Them | simply don't know what they
would have done. or could have done.
or proposed to do. But | can tell you
what my personal views at that time
were. Ex-President Fairchild OF Ober-
lin College wrote to me about one year
ago something to this effect, if | re-
member correctly. There seems to he
a suspicion prevailing amongst our poll
ticians that your desire for annexation
exists largely because of the sugar
bounty, am not inclined to this view,
but | am of the opinion that If
your Provisional Government, and your
dpc,ded expression on this point, de-
clarinp your Willingness to forego such
benefits il would tend greatly to in
crease confidence in your application
for annexation. And how about your
labor contract system?' | replied as
follows: about the bounty. | have
long before the revolution talked against
our having the bounty. | have felt that
it was too uncertain to base any expec-
tations or plans Oh it ; and besides that
| have believed it would overstimulate
us. and L for one have. had enough of
overstimulation. AS to our labor
problem, You know now we have a
penal enforcement system of labor cou
tracts which the United States do not
approve of. | am in favor of doing
away with this entirely, and having a
nerfectlv free contract system. Eva
plantation has commenced upon a co.
lucrative labor plan that / believe
will do much ultimately towards settling
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-03-10
HIGHBISDERS.

Chinese OfHcers Set Upon by Gamblers
of Their Race.
There was small-sized riot at the
Chinese theater last evening. The fight
occurred just in front of the building.
Several fellows of the highlander class
set upon three Chinese who were be-
lieved to be in the Government police
department. One of the men, See Lin,
is regular officer and the other two
have at times been commissioned as
specials. The weapons used were pieces
of iron and lead pipe and metal
knuckles. Koo Woo was severely
beaten. About twenty Chinese are
under cover today. The leaders of the
riot will be hunted down and punished.
Their war on the officers is defense OF
the Chinese gambling dens,
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-03-10
FUSION AGREEABLE.

The American Party People Favor a
Local Political Union.
A very lively meeting Of the Ameri-
can League was held last evening. A
full report was made by the American
Party committee which held confer
ence last week with the Union Party
committee. The report was approved
and SO far as the Americans are con
cerned, amalgamation is practically
accomplished. There will be another
joint conference session at 10 to-
morrow morning. Other matters dis
cussed last night by the League were
the Dangerous Persons Act" the Er
dminer correspondence and the compo'
sition of the constitutional convention
This third question was viewed from
several points and will be further con
sidered.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-03-10
ADMIRE THE PRESIDENT.
Good Words From u Friend of Hawaii in
san Jose.

Good Words From II Friend of Hawaii in
san Jose.
w. McMeekin, formerly of this city,
writes to T. b. Murray from San Jose,
sending some comforting and cheering
words to loyal citizens. He says:
II hope our good cause of annexation
is progressing. l can assure you that
you have the sympathy of every genuine
American. They are interested in the
cause and admire more than all the
stand of the Provisional Government
and the answer of President Dole to
Minister Willis. Many friends call on
me to ask about Honolulu. People say
that President Dole and the young Gov
eminent are entitled to praise and en-
enlargement. They only wish that the
United States had such a President and
statesman as Mr.. Dole, instead of Presi
dent Cleveland. The latter has almost
ruined the United States. We are al
hoping for change. for the better
Everything is very dull here and thou
sands are out of employment"
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-03-10
Personal.

Ex-Governor Wells is staying at DIR.
McGrew's.
III. p Baldwin, manager of Makaweli,
arrived by the Mikahala.
Max Schlemmer, formerly a captain
of police here, is in town from Kauai.
w. NJ Graham and wife are domiciled
in one of DR.. McGrew's cottages on
Hotel street.
NJ d. Monsarrat j. S. Silva and NJ. A,
Gonsalves came back by the Mikahala
this morning.
The cheerful countenance of Attorney
Magoon may be found in its old haunts
Mr.. Magoon having returned from I
trip to Kauai.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-03-10
HOW WARRANTS GET ON.
An Incident of Men Left Here by saiIiI
Vessels.

An Incident of Men Left Here by Sailing
Vessels.
1t was told at the Police station this
morning that officers of the English ship
Eastcroft, after applying, through their
consul, to the Police Department for
runaway sailors, privately told the
police that they did not care at all for
the men,. The Government officers,
however, are still searching for the de-
serters.' On this subject one of the
force said: about al. the Objectionable
characters now in town were brought
here on sailing vessels. Some of them
stow away and some of the mare shipped
with the intent of discharging them
here. The harbor authorities and all
the officers are on the alert, but despite
them many worthless men, entirely
without means, are landed. One of
these Eastcroft men, whom the ships
people tell us they don't want, is a vag-
rant who has been twice arrested for
begging. We propose to see that he is
taken back to the Coast"