davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-02-21

be filled by one of the Circuit
Judges 1Cho has had no connection
luith the said cause, either as coun-
sci or in his official capacity, or by
any competent and disinterested
member of the Bar of the Supreme
Court thereunto authorized by the
written request of the remaining
Justices"
We hold that the connection
with the cause" by the Circuit
Judge in his official capacity re-
ferred to, means that to disqualify
him he must have passed upon the
issue or issues of law or fact which
are raised by the appeal. That
having ruled upon collateral mat
tiers not involved in the appeal
would not disqualify him. For
instance, if the Circuit Judge had
admitted certain will to probate
and the decision appealed from
was the allowance of the executors
accounts by another Circuit Judge,
he would not be disqualified. The
estate in probate is not the cause"
The "cause" meant in the statute is
the exact case or issue brought to
the Supreme Court by the appeal.
But it appears that Judge Whiting
had as Circuit Judge presiding at
the August term, 1898, of the Cir
cult Court declined to allow this
appeal to be tried by jury on the
ground, among others, that the de-
cision appealed from was not final.
This is the very question now
brought to this Court for decision
and, accordingly, we find Judge
Whiting disqualified.
A. S. Hartwell and w. A. Kin
ney for Appellant F. M. Hatch
for Respondent.
Honolulu, Jan. 8, 1894.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-02-21
APPEAL OF 3. L BANNING.

A Circuit Judge revoked an order of dis
charge of an administrator. ordered a
new account and directed the admins
traitor to credit himself with the money
and securities mentioned in a receipt
by one of the devisees.
Held, the order respecting the new account
was not final and was therefore not ap-
pealable.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-02-21
In the Supreme Court of the Ia.
Walian Islands.
In re Estate of j. +. o. BANNING,
Deceased Testate.

BEFORE JUDD, C. j., BICKERTON AND
CECIL BROWN, ESQ.,, ACTING JUSTICE.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-02-21
BEFORE JUDD, CD, B1cKERToN, J.

Where the testimony of Judge given in a
case becomes the subject matter of re-
view on appeal. he should not sit in the
Appellate Court.
a Circuit Judge who made an order in a
case and thereafter was appointed a
Justice of the Supreme Bench, is not
thereby disqualified to hear the case on
appeal. a Circuit Judge to be disquali-
fled from sitting as the third member
of the Supreme Court Zone of its men,
beers being disqualified), must have pre-
viously decided the exact case or issue
appealed from.
The word cause in Section Sc of the Act
to reorganize the Judiciary Department
does not mean the estate in probate
from which the question comes.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-02-21
OPINION OF THE COURT BY JUDD, c.,

OPINION OF THE COURT BY JUDD, CD.
On the Goth December last, when
this appeal was brought on for
hearing, objection was made by ap-
pellant's counsel to Mr.. Justice
Frear's sitting, on the ground that
he would, on this appeal, have to
pass upon the effect of his own evil
dence before Judge Cooper of the
Circuit Court, as to the understand
ing of the appellant of the securi
ties alleged to have been accepted
by him in the distribution of the
property of the estate of J. f. o.
Banning. On this ground we held
that Mr.. Justice Frear was disqual-
fled to hear this case. Other grounds
of objection were made, first, that
Judge Frear had granted the order
while Circuit Court, discharg-
ing Mr.. w. f. Allen, admins
traitor of the estate in question,
under a misrepresentation of the
true meaning and intent of the
will of said J. F. 0. Banning. We
did not consider Judge Frear dis
qualified on this ground. He had
heard the case as Circuit Judge,
but the Act to reorganize the Judi
ciary Department does not contain
anv provision making this fact a
disqualification. Nor does the fact
that appeals and exceptions from
decisions and rulings rendered by
a Justice of the Supreme Court
before the Act went into effect, and
while he had nisi prius jurisdiction,
are brought up for hearing before
the Supreme Bench, disqualify the
Justice whose decision is appealed
from, and prevent him from sit
ting. From necessity during the
transition of this Court from one
whose members held niSi pritS jur-
isdiction to a Court of purely APP
pellate jurisdiction there must be
some cases where one of the mem
bers of the Appellate Court had
heard and decided the case In the
first instance. And although this
NAV be within the spirit of the Act
II is not within its letter and there
is no provision disqualifying a JUS
tice under such circumstances.
Mr.. Justice Frear being held to
be disqualified, Judge Whiting OF
the Circuit Court, First Circuit,
was asked on the Sd January, 1924,
to sit in the case. On Judge Whit
ing's suggesting on taking the
bench that he was disqualified oy
reason of having chad connection
with this cause" preliminary
ouestion arose as to what tribunal
should decide upon the comp 5tency
of one of its members, and We heid
that the remaining members OF the
Court is the only Court competent
to decide whether the third member
is DISQUALIFIED or not.
An Act to re-organize the judo
iary Department, Section 56, pro-
yides that in the event of the dis
qualification of a Justice OF the
Supreme Court on the GROUNDS
given, "his place for the trial and
determination of said cause shall
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-02-21
In the Supreme Court of the Ha-
Waiian Islands.
DECEMBER TERN, 1894.

In THE MATTER OF THE ESTATE OF
]. +. o. BANNING, DECEASED
TEsTATE. APPEAL OF B. r.
BANNING.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08
ANOruER rOwpgnLY rALLAcY.

Nothing could more clearly Illustrate
the retrogrsasion Of ex-Master wOrk.
man Powderly than an appeal he made
TO the workingmen OF Penney lvania TO
vote against the Democratic candidate
for governor In the late election, for the
reason that he Gator 5iugerly )"makrs
use Of n withdrawing machine 10
drive selt-rospeoling workmsn into the
street" Powdoty referred 10 the
type.se,tlng machine, which has been
adopted for use In the Philadelphia
Record composing room, a. II has Ia
nearly all tue large newspaper offices
Of the country. The same argument
would demand the abolition Of
moving machines Ia favor Of
the soytbe, the harvester to make
room Tor the sickle, nay even the
sewing.maohine because Il does the
work OF the nobdle.woman. With
slight variation the same logic could
also be- made to require the smashing
Of every empty bottle, 20 that some.
body would have more employment Ia
making new ones, aud tue daily dos.
truotion Of furniture, clothes nnd
homes In order TO mako wofg plen,i.
iul, This would DO sllurianism aud
ijiocy OF the most astonishing sort, but
II would follow US legitimate result
the acceptance Of such yieWs as Pow.
Derby expresses.
OrSauized labor, however, has gone
lar beyond the danger OF Injection
with such continents ~ those with
which the ,2-naslor workman OF tbs
Heights Of Labor stullil q himself,
Every whrre tue leading unions aud
sensible representatives. OF uuotguulzgd
labor have come 10 accept labof-saying
machlnury not only vs. inevitable bu
rs uUgussary adjunct Of human pro.
srtss. o oruuu the Introduction
SUCH devices aud inventions causes
muro OF luss Ji.p acgmont IN Labor
sud Ina lho outset leads 10 tho Nppat-
cut injury " "a few. Bui tho bout q %
TO the many gro almost Immediately
seen anu felt, anu 10 b NOT long uuul
.uv aiya.lag.s aud the ssiu are made
manifest u anu ioralL Mt Pow orlS
1,yms to te becoming more ana more
D, "a back uumuoL
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

IN osE Of bis speeches In Now York
"Geueraln Booth, tho venerable ioun-
der Of the salvation Army, speaking
Of his plans as embodied 10 his book
"ln Darkest England and the Way
Out" said among other thingsi
America may DO moo aud enlightened,
and all that, aud England may DO In
darkness and glOumi but toll you that
when your chimney has smoked ~ long
~ poor old John Bulls 10 Will DO every
bis 49, mll Of SCOT, II not iuilor."
That was when lac nsi arrived In
this country. The general" may by
this lime have slulloi our Institutions
n little closer AMI found that Amer.
cans have way " sweeping their
chimney whoa needed ~ ne not 10 let
tho soot accumulate too long. Thai
makes = great difference.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

nsHaion. BUTT IL claimed thst this
is not entirely MISTER Of sentiment
The New Workers. DO not struggle fot
primacy only for the satisiac-
ton Of local pride, the pros
pefiy Of the city 10 held to
Del end on It. 10 great
metropolis IL allowed to sink 70 a
second rank ia point Of population,
business will be diverted from u IN
proportion, a. this naturally gravltatos
towards the conleri Of population. The
vote cast f0rthu extension u the city's
limits shows that tue c.uzsns ap-
proclaio this fact ami are determined TO
make an ,G0t " hold their osD.
New York was once a log fort at the
southern extremity Of Manhattan
Island. The growth Of the city 10
gigantic proportions dates from the
cont ucllon VI the Eide canal. Then
came tue building VI railroads. tue
West aud 5yutn received must VI their
emisunts aud foreign merchandise
through New York. On account Of
her cspaoious haruor aud ths numerous
lines connecting II with oil paris Of tbs
great Republic, tue city achieved the
Importance it NV has anu is dts1iueI
~ nave ior long time 10 come.
The present area OF New York is
Ihiuy.nine square miles, while Chi.
cage has lsU and Philadelphia 1870.
Wan the MS, mentioned city al on,
str. 40 sHteuutd " 3l1 tqu 10 milvS,
the rival Giles viii Uu ioit a long way
behind. Now York will SisO nave AL
the bsntn oian Immense population.
Win a puhnsi municipal govern
mont, the prosperity u "gttatef Nov
YOik" should to everything shat eau
be- desired.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

~ Sun CmnER," VINO writes from
Parowhu, Is respectfully informed That
In all well.fegulaied newspaper Of.
hoes, anonymous communications 10
straight 10 tho waste basket. This h
not saying that all such oommunica.
lions ARE unworthy; II 1, the only way
an editor hA-in case no 10 being
orltioized-oi rebukitg those who are
ready enough TO hnd fault with him
but are not trave entugh to i,t him
know who they are.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08
WICKED ADVERTISEMENTS.


There are demons walking up and
down in the earth, whose especial OBJ
Jeut IL 10 destroy chastity. Some Of
them, at least, are provided with bodies
In the ordinary human form, but they
represent a horribly degraded type Of
the race. a favoflte method for &C.
complaining their diabolieal doaigns Il
to publish alluting advertisements In
such Journals az will cell space for the
purpose. Incredible NJ u may feem,
there are Journals that lay claim
to decsBoy and to character that
Iustifes their admission into tho homes
Of decent people, which, for few
cents, will risk becoming accessory 20
the ruin OF any number Of pure young
persons by publishing such advertise
menta
The procuress or the locherous vii.
lain who'll seeking fresh victims, will
cay In an advertisement that "a gen.
tlemAn Of means desires 10 meet M
attractive young lady" or Will
use words Of similar Import.
Some giddy girl who has not been prop
erly Instructed or disciplined, or who
perhaps has no thought Of anything
more than a little fun, answers the adj
vertisemenL She thus places herself
TO greater or less extent under the
Internal spell OF tho wretch who Ia
seeking her obstruction. II she carries
her folly far enough TO consent 10 m
/ NtsrSl9ws she throws herself
into the mAelstrom and the
chances arc against her ever
again returning stainless to the
walks Of Innocence. An advertise.
ment printed In paper which Ia read
In her home has been the means Of
Destroying her, body and soul; ami the
suffering involved In such ruin has
never been told by human tongue. IL
10 one Of the anomalies Of journalism
that paper will publish an advertise.
ment OF this character aud
then onliVen Its news columns
with description OF tho re-
NhAhA Nhhh hANN ANNNA AAHAu W. NNAe
pied with moralizlng remarks upon
such advertisements and what they
lead 10.
Our age Is pro.eminently character
iIed by sexual corruption ana by a
multiplicity Of agencies that tend 10
spread H. Next to the wish that oil
men and women were pure, comes the
wish that all would aid In checking
impurity. nut when journals OF
large and general circulation,
In consideration OF dime or
two, will consent to make
their columns one Of the most Effective
Of all known means for spreading Gin,
shame and ruin, hope In human
nature sinks and tho pesslmistI finds
ample Argument.
The moral to which all this points Is
two-iold; Let parents discriminate M
10 the character Of the literature they
admit into their homes; anu lot them
train their sons and daughters, the
latter eel eciRlly, 70 shun ~ they would
AserponLeyery hint, invitation or sug-
gestion Of the legitimate purpose Of
which there can be any doubt.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

greatest number. ono fact ia patent,
and II tells a good story. This city
has public school system not ez.
cellod by that Of any other city on the
continent, Of similar slzs.
Beyond all question, a leading cause
which has contributed to theeEcellence
OF the work Of The school board, has
been the non-pariIsan character, poiitI.
cally and religl.usly, Of ils personnel.
The splendid results that have followed
the exclusion from that hoiy Of public
servants Of sl. political anu religious
Issues, leave the voters u the city With
only one consistent course 10 pursue iu
Iulufe, which lstpptrreiuate ihaic1clu'
lion. A change ia the policy now
prevailing which would make % Iiossi.
ole for parlisanisn, either political or
religious, 20 entor the school board,
would be- a drplotaOlc retfokfe..iou. A
partisan school board means that the
positions held BY the superintendent,
The prlnclpal', ami even the teachers
would be made the football Of party
success At the polls. Even the ianllofs
would hold their tonures subject 10 the
mutations Of municipal POLITICS.
This would degrade tho schools TO the
level Of a political machine. I'm.
ploymout In them would be contingent
IN the votes an applicant could COM
mand. The positions Of teachers
would be filled by the iavoflles D men
ia power, aud the baur ul sui deies co..
Ole results Of such a system would
show Itself In tue preference l played
by the teacher Tor tue children o. par.
enls Of tho prevailing political faith.
May the DAY never come that will
bring such evilsupoi tue magnificent
public school fysiom Of our mountain
metropolii
but there is, Ia cur view, no danger
Of such a change belng seriously pro-
posed, much lees effected, as will Hd-
nit patiilauism into tho school boarI.
The man who would suggest such
hing would be- hooted down; At least
he ought 10 be. Heretofore In most
Instances some patriotic citizen Of
the municipal ward has prepared
allior primary, and has circulated Il
Tor the signatures Of prominent men Of
both partieL The primary thus
called has nominated candidate,
without regard TO his politics or follg-
Ion. who has been chosen solely with
a view 10 his fitness for the tfli1r. We
focommeud that this be done In
each municipal ward this time.
Iiis not the purpose Of this paper to
advocate the election Of any particular
candidate. Tue position IL almost
destitute Of pccuuiary omoluments,
while It involves much labor anu
responsibility. OF the gentlemen
Fhsse terms are expiring, II IL but Just |
o say that they share the credit for the |
EXCELLENT record made by the board a.
! whole. Whether any or all Of them
'hall DO returned h matter Of inditier.
nnce to US, no long ne the board shall |
continue non.pAr,isan, and be made up
Of men suited ior tho position.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08
SCHOOL ELECTION.

IL may be- deemed unkind 20 tell the
people Of this city, who arc still p mt,
Ing with the exhaustion produced by
the great political struggle they have
Just passed through, that they have
another election on the tapis 10 which
they should commence to devote some
attention right away. But duty re-.
quires us 10 bring tho fact to popular
remembrance, On Wednesday, Dec
embcr 9th, au election must be- held
for choosing Rmomber Of the school
board of this city rom each municipal
ward. The membsuwbs terms oxplr,
are AZ follows; F,u. municipal wafi,
A. J Poud.el0n JE; second, william
Nols0u; ihiri, w. j. Baaute; fourth,
II. w. Young HItp, j. l.. Dolly. f.
viii be remembered that municipal
ward aud a precinct are geographically
the same thing
Scarcely a word OF criticism 10 ey.r
heard rglfdiug lue administration D.
the school board TIE management OF
The school affairs Of tho city, at leas.
70 Tar as the general public are 90.
lormed, seems TO have been Character
lzed by excellent executive and uusl.
ness ability, and patriotic aud Iis
Interested desige to accomplish tho
greatest amount Of good Tor tho
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08
"OUEATlR NV IORnD

whoa all the suburbs aud surround,
gs OF New Y0Tg, contemplated On
,uv "ir,a.rr NvW York" scDomc, are
properly Annexed, that city viii DO one
., tue Creates. ui the world both iu
area aud population; second only To
Lo don. IL viii Include within H.
limits over ,ures hundred square mil,s
win a population Of ablul 100000
Inhabitants.
Tie fac. that Chicago ior years ma,
o,eu iagrea-iug ,asier than Now Yorb,
oudaugorIug ,He position of the latter
oily ss the greatest Commercial, csntet
u the United Slate' Is OF courss the
chief factor IN the movement Tor au-
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

Qu.hn absolutely removes the dooprsI
WfuklrH, preventing thHm from ever arutsr.
ING aFaiu. nud tcttuscs the complexion 10 Dor.
iert beauty De young and Old should NO ID
70 kccp ihc ska soft, trlyuiy and hoe OF tex,
turr. t.rIrn $50.
thLl hi ltlhA guaranteed O. remove any
case or trCrkirs no matter III how long STAND.
lng without NE slightest lulIry or incouyon'
fence, Price N 90
ROSARIO removes tan md subbufn instant.
" and males thc complexion clear and baaut
ful. Price flu..
hOrM Al removes Hupef1uOuH hair tn three
90 i've miuutrs Pleasant convenient and 10
hn,nt,y lAnIeaa And hhrmlrsa, iricu $40
fkNtli fir tNEAM, aFIn pufinrr=reI
moves hl' aoiirF waste matter in thH sin. core
rrria shiny, oily condition and makes tho
fouEhtsi chapped tkin to:t ami doe grained.
rice 30 cuuta.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08
HOME INpusrRY.

Mrs. Turner's Conn lrxlon Romodlo.
arc Manufactured In ho- own labor.
alory In Salt Lake, aud eau ho hal at
all iirst.c'ass druggists ~ will be seut to
any address In plain wrappers on re-
CENT ~ price.
Neldon.Judaon Drug Co., wholesale
agents.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

OSE nmuuT sttrak OF sunshine
oomss even to the Democrats through
tho dark clouds that encompass them;
Governor Waite Of Colorado 10 checked
In his sanguiuary career.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

TnE E8iEtMtD Coz. wattefson.
editor VI the LJui,yii otourisr.Jownaf
ought to DO able to make few Ia
marks that W uld DO both Interesting
anu picturesque Just about this time.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

Win nJIH House anu senate Re.
publican, II will be harJ, cold critic
that shall begruigo the President A.
much solitary nshing and duck.sho.t.
ing a. he can possibly yeAtn tor.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

Is the emily place Ia the city for fine
Catamels, Chocolates, Boston Cream,
nugget aud all Kinds Of iancy hand.
made Creams, nj 25'a pound, former
price i0c. MI kinds " Iafiey l5c a
pounu, former price go.
rs w. First S0uin H., T.. kolm,
proprietor.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08
New wIs.i.,d Wiisou Agency.

Charles scbciihauer has secured The
aasnoy fer Utah ir the celebrated
Wheeler 8, Wilson sewing MachileI,
ami has opened an otiice eni sales
room IN the Whittingnam block, bs
West First South.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

sal, Latte Darcins Academy
All kinds OF ball room dances
taught. Lessons, Monday, uesuayi
Thursday and Saturday evenings
IS Main Street.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

. DENOMINATIONS should BE- addfsitsi 70
bEsEEEr NtWs FunLiuHe Co
1elenhons "a
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08
ONE MONTH FREE.

Mrs. Turner'S new treatment and In.
iallihlo remedies aro her own AMI tho
result OF eleven year, experience. study
aud research. a naturally beau iful
complexion aud psfieo form iaP arau.
teed' II you have wrinkles, ifockles,
nimples, moth patches, molOs, super
nuous hair or any Disagreement Of tho
skin, Hunkcn checks or mock or any
wasting or deficiency In form. consult
with Mrs. Turnof-it costs you nothing.
No electricity used. All treatment and
omediea absolutely painless aud harm
less
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

ritv Subscribers viii tinfy nnufv .. T. Dun
bar 'cifcu AiorI Of any irroxuiaritT 90 me a''
uVtfy Of thtir uarcra
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

Big stock Of Worli's Fair goods jul
arrived, at 2il State IT,
NJ. Weber,
WAHRtN PAUL.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

Now rnEN, Governor, what's the
matter with the Thanksgiving proela-
matiou9
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

he Nfws ison - attns prnoirN Hote =,
kevs stands anf nn aI natlouEef ulina NaV
ms thu city After pm. daiif.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

fuussritsrt ehsnunr thsr p.aseoi rciidonee
thoaid s.waYs uvs former a. well a. present
nddfesa
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

THE QUESTION before tue house IL
upon tue ml,ioa to make Il uuAni.
nous.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

rspert watch Repairing.
w. w. Hall, white Houa- Drug Store
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08

DR.. Prices Cream Baking Powder
Contains no Ammonia or Alum.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-08
M root

NJ. Kopp, wholesale and retail can
dies, 257 Msin Street