davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-01-18
OPINION OF THE COURT BY FREAR, j.

This an action of assumpsit OF defendant
common carrier and interest," for the loss OF plaintiff
goods shipped on defendants keke from Honolulu
for LauahOehoe Hawaii the 10Th of last April The case
was tried before jury, which found for defendant and now
brought plaintiffs exceptions to the admission, against
plaintiffs objection, of certain testimony OF expert witnesses
and the refusal of the presiding Judge to give to the jury an
instruction requested by the plaintiff.
In the absence of stipulation to the contrary a common
carrier is an insurer against the loss of goods he undertakes to
carry unless by of God, of the pubic
enemy or of the owner of the goods But by stipulation he
may be exempted from liability for loss from other causes e
cept his own negligence In this the
defendant had thus been exempted by the express language OF
its shipping receipt which accepted by the plaintiff against
losses that might occur other causes among which
were disasters dangers of the sea and unavoidable
CASUALTY The turned the question whether the loss
was caused by danger the sea- unavoidable casualty,
through negligence principally the part of the Captain and
First Officer of the steamer.
The the goods through the loss of the
which upon submerged rocks off Koko point little above
poo point the of Kohaa Hawaii, and became total
wreck The steamer the time making the from the
across Hawaii channel the wndward
side of Hawaii customary making this not
head directly for the wndwar side of Hawaii but make for
the of KOhala and then when the alter the
and run up along the The object avoid head
winds and On this the channel had been crossed
and the the of turning up the
when she struck. This night The sky somewhat
stars were visible but there The
wind light and the comparatively calm The land for
which the had been heading high inland but oed
towards the shore
The defense that the Captain scalcated the distance
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-01-18
OPINION OF THE COURT BY FREAR, j.

This assunps for $649o costs adjudged in certain pro
cedmgs in the Circuit Court be paid to the plaintiff herein
by party whose attorneys the present defendants The
action based subdivision of Rule q of the Circuit Courts
which reads: Attorneys shall be liable for of court IN
CURED by their respective clients The question raised by
this appeal points of law from the District Court whether
party in whose favor Judgment for has been entered in
the Circuit Court may under this Rule in assmpsit the
attorney of the opposite party for the costs upon the failure of
such opposite party pay the himself The present
begun after execution had issued against the party in the
Circuit Court and had been returned Unsatisfed The Dis
trct Magistrate found for the plaintiff herein.
In opinion costs of court referred to in the Rule,
only what strictly of They do include fee
disbursements" In the present most if all, the
sued for of the latter classes.
Further, costs of proper, in opinion
assumpt does lie in favor of party against attorney
under the Rule in question This Rule made for the pro
lection of the for the protection of the parties
The appeal sustained the Judgment appealed from reversed
and the remanded to the District Magistrate judg
ment for defendants.
Hitchcock d Wise for plaintiff
Defendants in person.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-01-18
In TIE SUPREME COURT OF THE HAWAIIAN
ISLANDS.

ISLANDS,
SEPTEMBER TERM, 1897.
LAUPAHOEHOE SUGAR COMPANY a. WILDER
STEAMSHIP COMPANY.
EXCEPTIONS CIRCUIT COURT, FIRST CIRCUIT
SUBMITTED SEPTEMBER 20 1897 DECIDED JANUARY Z 1895
FREAR WHITING, j., T. ?. DOLE, ESQ., OF THE BAR
PLACE JUDD CD. DISQUALIFIED.
casualty the
Il" the danger Of miscalcuang
Kokok the
with rocks projecting the land submerged projecting
Hawaii a the
Maui Kukaau heading towards point
KOkok, mile HOnOpu and about oneeighh
Upolo point; and the sky
making
sail with trade wind breeze well
unusually mild night
irons too in command
the ahead his position the outline
of being n misjudged his
ashore submerged rocks projecting
ofudged miles
precauton that he ought to nave
Do know of
ordinarily prudent and careful captain would nave
taken he mott IN approaching the land?"
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-01-18
OPINION OF THE COURT BY JUDD, CT.

= ~@FET' - - j.
The plaintiff obtained Judgment against the defendant in the
District Court of South Hlo Hawaii for $3.50 and costs
Defendant employed day aborer by J. R. Wilson
the wages of Sc per week. Wilson summoned a
ghee and admitted that he owed defendant So The
held the garnishee for that amount and he took appeal
this points of law claiming that the statute found
page 500 Of the Civil Laws exempted dry specific articles
owned by housekeeper having family, from levy and
ecuon, also houseot exceeding quarter of and
dwelling and other buildings thereon exceeding the value of
$780, attachment by the garnhee process of the of
such housekeeper be made unless the plaintiff shows that
the value of the housekeeper property two hundred
and fifty dollars
We consider this contention unsound Wages by
the of the exempted from attachment hence they
atachabe Appeal dismissed.
p Nenmann for plaintiff
g. f. Little for garnishee.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-01-18
IN THE SUPREME COURT OF THE HAWAIIAN
ISLANDS,
DECEMBER TERM, 1897.

DECEMBER TERM, 1897
KANAHELE T. F. NJ. WAKEFIELD and g. T. LITTLE.
APPEAL DISTRICT Court, SOUTH Hno HAWAII.
JUDD, CD, FEEAR WHITING, u.
under attorneys
be
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-01-18

JUDD, CD, FREAR AND WHITING, JJ.

Wages employee exempt under the
dwelling house with $3.50. Civil Laws, p. 566.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-01-18
IN THE SUPREME COURT OF THE HAWAIIAN
ISLANDS.
J. 6. SEItRAO T. JOSE G. RAlIAS; J. r. WILSON.
Garnishee
DECEMBER TERM, 1891.

APPEAL FROM DIsrRTcr COURT, SoUTH Hmo
The San Francisco call., 1898-06-26
SAN FRANCISCO CALL.

BUSINESS OFFICE of the San Francisco Call corner of Market and Third streets, open until l2 o'clock every night in the year.
 BRANCH OFFICES-52T Montgomery street, corner Clay: open until 9:30 o'clock. sS7 Hayes street; open until s:3O o'clock. 621 McAllister street; open until 9:30 o'clock 6l5 Larkin street: onen until s:3o o'clock. lsI Mission street; open until 10 o'clock. 2261 Market street. corner Sixteenth: open until g o'clock.
 I06 Eleventh street; open until o'clock. 2526 Mission street. open until o'clock 15O5 Polk street; open until 9:S0 o'clock. NV. corner of Twenty second and Kentucky ntreets: onen until clock.
The San Francisco call., 1898-06-26

CHEAPEST and best in America-The Weekly
 Call Sent to any address in the United States or Canada one year for s1 50. postage
The San Francisco call., 1898-06-26

n,,aI excnreion and nicnic UriIi +oi.s nacs " a+ Shell Mound Park, Berkeley, SUNDAY. Au- gust :, 1898. Adults tickets 50 cents, chill dren under 12 years free. Boats leave every half hour for rark. Music by a first-class han nd
The San Francisco call., 1898-06-26
CHURCH NOTICES.

FIRST Church of Christ. Scientist, Central block, 22S Sutter st, between Kearny and Grant ave.-At Ii a. nl.. Christian Science Ribfe lessons: subject The Ascension of Jesus" Sunday-school for children at the same hour. Testimonial meeting Wednesday at D. m. All are welcome.
The San Francisco call., 1898-06-26

EUREKA Benevolent Assocation-The semi annual meeting of the members of this asso- citation will be held SUNDAY. June 26, 1S9S at 10 a. m, at office of the association. 105 Stockton st., room D. By order
 MEYER H LEVY Secretary
The San Francisco call., 1898-06-26

PLYMOUTH Congregational Church, Post st., near Webster-Services at II a. m. and 7:45 D. m: Sunday-school at 9:30 a. m.; Rev. F. B. Cherngton D.D., pastor, will preach morning and evening; morning subject, "Christs Second Wilderness Temptation {; evening subject, Hidden Springs of Life.' rlIhlin cordially invited.
The San Francisco call., 1898-06-26

CENTRAL Methodist Episcopal Church, Mis- sion st. between Sixth and Seventh-Dr. Charles Edward Locke. pastor. will preach. Subject Il a. m. 'Partakers of the Divine Nature" At 7:45 p. m., Some Great Battle fields" Sunday school, p. m.. Rollo Y. Watt superintendent. Christian Endeavor. SIS D. m All seats free Pews reserved for soldiers Mid-week prayer and praise, Wednesday, 7:45. Class meetings, Sunday, e:3O d. m., and 12:30 p. m.. and Thursday evening :45 O clock.
The San Francisco call., 1898-06-26

OAKLAND Mission Tent, Broadway and Fourteenth st.-Preaching and public Chris tian healing by laying on of hands every evening, commencing Sabbath evening, by the brother who was recently instrumental in the sudden and wonderful restoration from nearly fatal sickness of Mrs. Carrie Judd Montgomery and a multitude of other sick tok Testimonies given by restored sufferers. Bring mn NOur sick. Mark xvi 1S.l
The San Francisco call., 1898-06-26
 DIVIDEND NOTICES.

THE Continental Building and Loan Associa- tion of California, 222 Sansome st, has de- clared for the year ending June 30, 1898. div idend of $ per cent per annum ordinary deposits. per cent on one year term de posits, 10 per cent to class F stock, and F per cent to class A stock.
 DR. ED. E. HILL, President.
 CAPT. OLIVER ELDRIDGE, Vice Pres. VIM. CORBIN Secretary.
The San Francisco call., 1898-06-26
BUSINESS CHANGES.

A-s1O00 INVESTMENT will clear $500 mont 5000 cash in sight. KREDO 6 CO. 221a Ciel
The San Francisco call., 1898-06-26
EMPLOYMENT OFFICES.
SITUATIONS wANTED-FEMALE.

PACIFIC Employment Ofice-First-class SC lect help. s35 Market st. phone Clay 13O
The San Francisco call., 1898-06-26

FIRST Congregational Church, corner Post and Mason sts., Rev. George C. Adams. D. D, will preach morning and evening-Morn- ing service Il o'clock. theme, Every Man HIS own Judge" Evening service at 7:45. theme The Man Who Lived in the Wrong Place" Sunday y-school and Bible classes at l245 D. m. Y r. s. C. E., 6:30 D. m Samuel D. Mayer organist and choir master.
The San Francisco call., 1898-06-26

RESPECTABLE young married woman wishes housework and cooking in exchange for room and board for herself and husband; husband employed in the city at small wages. Box 90, Call office.
The San Francisco call., 1898-06-26

CALVARY Presbyterian Church. corner Geary and Powell sts.; Rev John Hemphill. D.D.. pastor-Service at Il m. and 7:45 D. m. ; topic D. m. The Bold Challenger of Tri- umphant Faith; a. m. service - "Jubilate Deo'' Gin A haD. Charles Wells; offertory, My Redeemer and My Lord" Dudley Buck; soprano solo, Mrs Priest; fine evening serv ice; anthem. Praise the Lord. Dudley Buck: oifertory, 70 That My Load of Sins Was Gone" T. s. Camp alto solo and quar- tet. Mrs. Sedgley Reynolds. All are cor diaIIv invited
The San Francisco call., 1898-06-26

REORGANIZED Church of Jesus Christ, 32O Post st.-Preaching at II a.. by c. A. Par ken; subject, Obedience to Whole Law; 7:45, preaching by George s. Lincoln. Strang CTS invited.
The San Francisco call., 1898-06-26
PERSONALS.

GREVEN'S s latest song, 'Remember. Boys the Maine is a big hit all over the coun- try; for sale at the music stores. at Odd Eel lows Hall and office rooms 121 and 122 Mur- phy building. 1236 Market st.
 CHRISTOPHER McLENNON came to Cali fornia in 1850 from Baltimore, Maryland He then about 50 years old; all persons hav-' ing any information whatever respecting him his relatives urgently requested, for the benefit of his heirs, to address the dersigned who will pay for successful infor- nation. MILLER & BONSAL. Attorneys, Equitable building. Baltimore, Md. brunette boy or girl baby; good home. MRS. DIR. FUNCKE, 1416 Eighth st., Alameda
The San Francisco call., 1898-06-26
SITUATIONS wANrED-continued.

AMBITIOUS. bright young lady wishes a po- sition outside of s. F. at bookkeeping, type writing or general office work; three years present employed. Address M, 6l5 Hyde st.
The San Francisco call., 1898-06-26

MIDDLE-AGED American woman wishes po stion as housekeeper ranch where only l table Is served, or will cook for men or ranch; understands butter making; good cook references. Address Ahlborn Hotel. 323 Grant ave, room A.
The San Francisco call., 1898-06-26
SPECIAL NOTICES.

SPECIAL NOTICES BAD tenants elected for 4 collections made city country. PACIFIC COLLECTION CO, 415 Montgomery st.. room S. tel. 55S0 ETA RALPH. returned; thermal baths mas. ParlOrS 1 and 32 TrrLx
The San Francisco call., 1898-06-26

ST ALBAN'S Church. Foresters' Hall, 1O2 O'FarreH st.-Sunday- 9:45 a. m; morning prayer, Holy Communion (choraD and sermon by Rev. E. J. H. Van Deerlin. ll q. ID. All seats free; cordial welcome.
The San Francisco call., 1898-06-26
HELP wANrED-continued.

FOR Alaska-200 rockmen and 100 laborers s to 8 30 a day; reduced rates; ship daily by rail and Thursday June 30 by steamer. c. R. HANSEN & CO.,, IDA Geary st.
The San Francisco call., 1898-06-26

THE First Divine Science Church holds it's services in Yosemite Hall. Native Sons build ing, Mason st., between Post and Geary Subject for to-days discourse. Faith" All cordially invited.
The San Francisco call., 1898-06-26

Capp sts.. A J. Wells, pastor-The Rev. N A. Haskell of San Jose will preach at II a. rn and s D. m the church will be closed during July and morning service omitted through August; Sunday-school and evening worship will be resumed August T.
The San Francisco call., 1898-06-26

ASSOCIATION Auditorium, Mason and Ellis sts-This Sunday afternoon at o'clock. patriotic union mass meeting; address by Rev H. c. Minton, D. D., president Army and Navy Christian Commission; subject. Some Up-to-Date Musings of American Pa triotsm'' special music under direction of men and women.
The San Francisco call., 1898-06-26

LADY would like few engagements as lady's nurse; wages to suit the times: has physicians reference. 1922 Mission st.
The San Francisco call., 1898-06-26
MATRIMONY.

CALL or send 12c for June matrimonial pape Wedding Bell. III Ellis st.. San Francisco.
The San Francisco call., 1898-06-26
MEETING NorrcEs-continued.

$$$; $$s T #:; :$ j; @
The San Francisco call., 1898-06-26
SUNDAY MEETINGS.

RED CROSS-At Dr. Rines Spiritual Society.
 9O9 Market. Mrs Sealey, Katie Heuss- pr. Carpenter, H. free; 2-s, 10c; office s35
The San Francisco call., 1898-06-26

MIDDLE-AGED German lady wishes any kind of work by the day; s1 per day and car fare. Call for days at 517 Bush st.
The San Francisco call., 1898-06-26

GOVERNESS desires engagement for morn tngs; French and German spoken. Box 9S. 305 Iarkin st
The San Francisco call., 1898-06-26

W , s1 per day; lunch only. 121 Shotwell, 16th. YOUNG woman wishes work by the day house. cleaning. washing and plain sewing. Address 3355 Twenty-sixth st., corner Capp.
The San Francisco call., 1898-06-26

GIRL wishes place for general housework or waiting; city country. Address 7S1 Mis- sion st, room l9.
The San Francisco call., 1898-06-26

DRESSMAKER from the East; first-class cut ter and filter; go out by the day; can make suit in one day. 469 Hayes st.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1898-01-24

so-cafed clash spectrum. From the
negative made by Mr.. Shakelton the
existence of a reversible layer" was
inferred as the origin of the dark
Frannhofer lines of the ordinary solar
spectrum. Sir Norman Lockyer does
not, however, agree with this theory
and will endeavor to show that no
such layer exists in the spectrum.
The eclipse will not be seen IN
America, but two expeditions have
gone to China from San Francisco.
One is headed by Professor Campbell
of the Lick observatory and the other
by Prof. Charles Burkhalter of the
Chabot observatory of San Francisco.
Prof. Burkhalter took with him an in
genious apparatus by which he will be
enabfG5d to take single photograph of
the* eclipse, equally perfect and dis
tinct in all it's outlines.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1898-01-24

A representative of. the :: Oshkosh
Northwestern interviewed Judge Bur-
nell in regard to his reasons for de-
Ginning to become a candidate for su-
preme court judge. The appoint
ment,'' he said, would be for a short
time only, the expense of being at
Madison is high, and I'm pretty well
situated here. / have nearly five
years of my present term as circuit
judge yet to serve, and my work is
familiar to me- The work on the SUI
preme bench would be familiar enough,
but to go down there would necessi-
tate my pulling UP here, and the res
ignation of my present position. The
appointment is for a few months only.
The election of the successor of the.
appointee will be held in April. There
evidently will be quite a struggle and
l do not care to enter into any strug-
gle. One would hardly get his appoint
ment, when he would have to start the
machinery for his election. He would
have no time for anything but looking
after his election until after the cleo
ton was held. If the position was
rendered me outright it is more than
doubtful if would accept. 1t is time
enough. to decline a position when il
is rendered you, but under the circum-
stances I am not a candidate. y
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1898-01-24
LADY tMACCABEES OF THE WORLD
They Hold an Interesting Convention
in Milwaukee.

Milwaukee, Jan. 21.-The insurance
order of the Lady Maccabees of the
World met in convention here Thurs
day. Four hundred delegates were
present. The session was devoted to
exemplifcation work of the order and
interesting remarks were made and in
structions given by Mrs. HOLSTER 0.
Detroit, supreme head of the organi-
zation. Benefits paid by the order up
to Sept. 1, 1897, amounted to $212, $50.
There has also been lately established
a permanent disability fund to be used
for caring for cid and disabled mem
bers, the first assessment on which
amounted to $25,OOO.. This has been
invested in United States government
bonds. The only man directly con-
nected with the business part of the
order is the attorney OF the supreme
body, who looks after all legal ques-
tions for the women. The convention
closed With a banquet at the st.
Charles hotel
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1898-01-24
:. :. f*i''.= y ',-',.ts =
WOULD COVER 160 ACRES.

Green Bay, Wis, Jan. 21.-Secre-
tary M. j. Mccormick of the Business
Mems association has just received
from Congressman Minor letter
containing the plans and specifications
for the%new armor plate works which
it is proposed that the government
build. These contain drawings for the
proposed buildings, which are to
cover 160, acres of ground, and other
data for the guidance of the associa-
tion.i The matter will be laid before
the Business Mems association for con-
sideration.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1898-01-24
~ w
I. NEWS IN BRIEF.

Prof. Taschenberg, the entomologist,
is dead in Halle, Prussia.
Dispatches from Cannes, France,
state that there is no reason for alarm
oyer the condition of Gladstone's
health. -
George Fenrich has been appointed
postmaster at Fenwood, Marathon
county, Wis, in place of Benedict UNI
hoefer, removed.
1 In Bombay during the past week
deaths from bubonic plague numbered
S51. The exodus is increasing and
business is stagnated.
Gov. Tanner has temporarily sus-
pended his order placing under quar-
antiko certain localities in Illinois on
account of splenic or Texas fever
ano1g cattle.
Near Leavenworth, Ind, the tow
boat Job Williams with tow of 60
coal boats was caught in storm and
IA of the coal boats were sunk and
two of the steamers crew were
washed overheard and drowned.
1t. is stated in official quarters in
Shanghai that Germany will make
Kiuo Chau an open port without ex-
elusive privileges to the Germans and
broadly on the lines adopted at Hong
kong, the land being held under crown
leases.
Emperor William is going to make
a naval demonstration in Havana har-
Dor, in order to inspire the volunteers
with respect for Germans pjects re-
siding there. The Germans of Havana
form the most numerous and wealthy
foreign colony.
: At Minneapolis the Northwestern
.Lumbermen's association elected John
D.. Young of Fairmont, Mimi, presi-
$dent; Maynard Crane Of Coopers-
town. NJ D., vice president; and G.
L.. Chamberlain and At. Frudden
ofSDubuque, Ia, directors.
The Very Rev. Henry George Liddell,
former dean of Christ church, Oxford
Eng, is dead He was born in 1872,
and. was. one of the most learned of
English scholars in Greek: In 1S43 he
I'D blfshed in connection with Mr.. Scott
the fist. edition of a Greek lexicon.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1898-01-24

China and number of astronomers
have gone there. The. eclipse will
pass through Thibet- and western
China. and will leave the. ,eS IrtSht at $50
miles north of Pekin. st. viii he of
especial interest to China," because the
Chinese new years day falls in jan
uary %, and the Chinese emperor a
few weeks ago issued the. following
decree ordering the people to propiti-
at the anger Of the Gods: "An eclipse
of the sun on the firstsday Of the year
betokens an impeding calamity,
hence the sovereigns of every dynasty
which has preceded us have always
made it a point whenever an eclipse
OF the sun is prognosticated to under
go establishment and humble them
selves before heaven in. order to avert.
the wrath from above. We are filed
with forebodings at this news and
kasten to seek within ourselves for;
sins which may have thus broEghs the
wrath of high heaven upon the. land.
The banquet usually given to the inn
perial clansmen on new years >day
must also be stopped, and when the
eclipse occurs let all members wear
sober garments" The lack of spirit
shown by the Chinese in their present
crisis is said to be due to this decree
of the emperor. ~..+'
The eclipse will be a Solden@op
tunity for the astronomers For two
minutes the sun will be hidden; behind
the moon and many peculiar phenom-
ena, such as relate to the solar atmos-
pf ere, will be seen. The observa-
lions to be made by Sir Norman Lock-
yer will be of the greatest Importance.
He will endeavor to photograph the
spectra of the solar surroundings
with prismatic cameras of six and
nine inches aperture and with a spec
troscope having two three-inch
prisms. A similar instrument was
used by Mr., Shakelton, an English
astronomer at Nova Zembla in 1895.
and is said to have discovered the