davidaulloa/AmericanStories huggingface dataset:
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28
Atkinson and the Georgia Democ-

TAcEs
In his speech at Dublin yesterday, Gov
Atkinson defended bis administration hit
the Populist some hard blows, pointed out
what the Democrats have done for the
state and said good word for the Demo-
cratic candidate for Governor. Taken all
in all the speech was a very good one
Those who give it a careful perusal win
see why it Is that the tax rate has risen
steadily for a number of years. According
to the Governors figures, the money that
has been collected has been wisely and
economically spent. At least he shows
what has become of it, And it is difficult
to see from his figures how Col. Gambler
is going to bring about any considerable
reduction in the tax rate. unless he adopts
the suggestions which we have made-one
Of which the Governor approved in his
speech yesterday-in his recommendations
to the legislature. These suggestions are
that board be appointed to equalize as
sessments and the other Is to provide fol-
biennial sessions of the legislature.
What the Governor said about the Pop
ulists viii be appreciated. He
pointed out that the Popu-
lists are boss ridden. They were
not given chance to name a candidate
for Governor. The bosses of the party held
convention and selected a candidate sat
isfactory to themselves. They did not
think it necessary to consult the members
of the party. And the Populist masses sub
mitted TO this act of bossism without a
n1urmur. On the other hand, as the Gov
ernor pointed out. every Democrat was
given chance to express his preference
for the gubernatorial nominee of his party.
AS a matter of fact their is no use of de-
voting much attention TO the Populist par
ty of this state. When Tom Watson re-
fused TO accept its nomination for Cover
nor he virtually said that it had had it's
day. He regarded it as practically a party
Of the past. 1t may succeed in capturing a
county Office here and there this fall, but
u viii not poll for it's state ticket any
where near as large a vote as il did two
years ago. But because the Populist vote
viii be small Democrats should not fail TO
register and vote They should give their
ticket big majority for the moral effect
such majority would have If for no
other reason.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28

iments for it than anybody else. The
Secretary of War has his friends, and it
is probable that he seized the opportunity
which was presented to grant favors 20
as many Of them as he could.
But, noting the wrecks which have come
back from SanuagO-wrecks from disease
not from wounds-is there cause for re-
greet that none of our Southern boys We're
sent there? Our boys, strong in health.
viii be of far more value to the South
than they would be if they were physical
wrecks drawing small pensions.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28
A question of the Day.
From Birmingham Age-Herald (Dem.

IT, as has been reported, President Nc
Kinley favors the mastering out of an reg
iments that do not desire to stay in the
service then steps should be taken 10 OBJ
tain "A fair expression of the wishes OF the
men, as well as of the officers, OF the Ala
bama regiments. Each man. whether ne
be- an officer OF a private should have but
one vote The private In volunteer regi-
ment may have even more pressing claims
and more important duties at home than
the officer placed over him. lie may have
a family dependent upon him. To hold such
man for police duties, "a both "A moral
wrong 10 the Individual aud a real Injury
90 tho community. This matter is attract
ing wlde attention throughout tho coun-
cry NJ ~ not peculiar 90 Alabama. The
question u up Ia every state.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28

The London Times says: IF America
becomes colonizing power. she will be
compelled TO abandon this hucuating style
OF administration in favor Of trained civil
and military administrators not liable TO
removal with each presidential change.
and not too dependent upon politics for
their selection and promotion" What.
take our war office, and diplomatic affairs
and commercial agencies out Of politics!
Perish the thought! The politicians would
much prefer 10 give up imperialism, not
withstandng it glitters so beautifully.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28

The MORNING NEWS ie published
every day in the year, and Is served TO
subscribers in the city, or sent by mall
at a.O0 a month. $500 for six months, and
5000 for one year.
The MORNING NEWS. by mail, six
times a week (without Sunday issue)'
three months. 500; six months, $500; one
year, $500.
The WEEKLY NEWS,2 issues a week
Monday and Thursday, by mail one year.
sLoO.
Subscriptions payable in advance. Re
NIT by postal order. check or registered
letter. Currency sent by mail at risk OF
senders.
Transient advertisements, other than
special column, local or reading notices.
amusement and cheap or want column, 10
cents a line. Fourteen lines Of agate type
equal to one inch square in depths
the standard of measurement. Contract
rates and discounts made known on ap-
placation at business office.
Orders for delivery of the MORNING
NEWS to either residence or place of busi-
ness may be made by postal card or
through telephone No. DO Any irregu-
larity in delivery should be Immediately
reported to the Office of publication.
Letters and kilograms should be ad-
dressed MORNING NEWS" Savannah,
Ga.
EASTERN OFFICE, o Park Row,
New York City. c. S. Faulkner, Manager.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28

Poor Old China is once more the foot ban
of the Powers. Russia and England are
kicking goals with her just at present, and
other Powers are watching for an oppor-
tunity 10 rush in and get a kick on their
own account. China and Spain ought to
form an alliance for mutual condolences
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28

From the cradle to re grave mankind in
this country Is the garry Of trusts. Upon
his advent into the world they hail him
with sugarteat made Of trust sugar and
trust condensed milk, TO be- partaken OF
through trust rubber nipple. As he
Grows up he burns the trust midnight oil
studying trust school books. The trusts
furnish him with beef. ANA lard. and cigar
ceea' and tobacco, ana matches. and leath-
a. goods, and rubber overshoes. ana PEN
OILS ana erasefs, nud whisky. ana crack.
ere and hundrs9 other things. ana when
D. dies De- is buried in TRUST coffin. The
n'At thing Do the trust line would foom 10
Z" trust ln sravestOnes, and tLen Ia
shafpa Tor Inc beyond.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28
The Cubans Might Object.
From the Richmond Dispatch Dem.)

The latest suggestion as to Cuba is that
the island be made region of concentra-
ton for the colored people in this coun-
try, "who might form state or republic
of their own there, like Liberia" but
mightn't the Cubans object even the
blacklist of them?
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28

Heavy rains have fallen In this state.
and pretty much over the South Allan
tic section, for the last three weeks. The
cotton boil worm is reported to have
made ats appearance in Texas. If the
rains continue much longer, and the Loll
worm is doing as much damage as has
been reported. the growing cotton crop
when harvested will fall very much below
the estimate recently published by Mr..
Henry Neil.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28

A Misunderstood Man.-"Nobody can
learn all there is worth knowing In this
lifetime" said Mr. Meekton. wisely And
a man ought never 20 assume that his
education ~ finished. I'm going TO keep
right ahead with mine. I'm going to study
astronomy
His wife looked az him sharply and then
Ia "a cold, hard tone exclaimed: "I.eoni-
das, you'll have TO think up some better
excuse than that Tor staying out an
nighL "-WoshlnEton star.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28

Madrid does not know precisely what to
do with the Spanish troops at Manila.
Probably Madrid is waiting to see If I'm
Gle Sam will not kindly furnish them with
free passage home
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28

The Gainesville Eagle has settled the
question as to whether or not Col. Cand-
Ter said In his speech in Milledgeville, Free
silver is not a cardinal doctrine of the
Democratic party" as the report of the
Macon Telegraph quoted him. 1t will be
remembered that the Morning News re-
ferred to the matter in an editorial, noting
that the Atlanta Constitutions report OF
Col. Gamblers speech did not contain the
quotation taken from the report of the
Telegraph. The Gainesville Eagle says
that it showed the editorial of the Morning
News to Col. Gambler, who, after
reading it said, with his usual directness
and emphasis, that the Macon Telegraph
report was correct. Said he: I have de-
clared in every speech have made in the
state during the present year that free
coinage of silver is not a cardinal doc
trine OF the Democratic party We
thinks this settles it" observes the Eagle.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28
GARDENERS BAZAAR

- AtAAAA ~ NG4EAAAlLH.
Sterling Silver Shirt Waist Set DC
Pearl Shirt Waist Set 25c, l9c
Cuff Dumb Bell Links 25c.
Aluminium Shirt Sets for men 1Oc
Long Shank Collar Buttons. Sc
Aluminium Hair Pins dozen 10c.
Side Combs, pair sc.
Bargains in Silver Novelties.
Leather Belts. DC.
Gilt Belts CSC.
Rogers Shear Company Scissors. ava-.
pair warranted, DC
Pocket Knives, 75c, SOC, 35c. BIC
Gardner Razor Unexcelled in ouaIft,, -.
finish. Ut
Sole agent for the we'll known Kinban
Anti-Rheumatic Ring, send for circuiaTs
price. 800. O'a's'
Games. Toys, Dolls, Rubber Toys. Dumb
Bells and Indian Clubs, pair. 23c.
Cloth bound Books good line of Anthem,
and bindins for this week only at ear
19c ~ S"eh
Closing out Hammocks for less thar
cost, Hooks, Stretchers and Ropes. each 81
l2O-Sheets Good Note Paper, for Sc.
$50 Good Envelopes, 19c
Fine visiting Cards, and pack, SC.
Cash, Day, Order Books, Cloth cover on
pages, 25c. wv
Stenographers' Note Book, yario,s
Styles, dozen, Soc
Spencerian elliot and Esterbrook Steel
Pens, soc, 4Oc, 35c box.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28

Secretary Alger these days is sustaining
a particularly hot fire from regulars, vol
unteers and guernlas.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28

Mr.. C. P. Huntington wishes the world
to know, like Mark Twain, that the reports
OF his death are greatly exaggerated"
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28
A PoSt-BeIIum War Expense.
From the Cleveland Plain Dealer Dem

He reckons i'll who figures up the cost
of the war without considering the addi-
tons to the pension list and the manner in
which that list win be swelled year by
year until a full generation has passed
away, If not afterwards.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28

Alabama contributes three luminous
names that will live in the history of the
war with Spain. They are those of Maj.
Gen. Joseph Wheeler, of intrepid cour-
age and brilliant military ability, his
daughter, Annie Laurie Early, of cour-
age no less than that of her sire but en-
ployed in a a.ametrically different man
ner, and Lieut.. Hobson. Gen
Wheelers mission was death to the
enemy; that of the daughter life to
friends. Gen. Wheeler was at the front
at Santiago cheering his men to an ar
resisuble attack, even though so i'll that
he had to be carried on a stretcher. Miss
Wheeler was in the Siboney hospitals, de
voting herself to nursing the sick and
wounded private soldiers. At one time she
had ninety patients under her care, and,
as may be imagined, her strength was
sorely taxed. But she never tagged in
the work: She is now continuing her no.
bic and successful work at the encamp-
ment at Moutauk Point. Unquestionably
her efforts have saved the lives of many
brave soldier boys. the thanks of every
one of whom will forever be hers.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28

others on half pay. Those remaining should
not. hoewver, be permitted to return TO
civil life. They should be sent 10 schools Of
military instruction, presided over by reg
ular army officers, there to be taught the
duties Of military officers. II they show
ed an aptness for such duties they should
be kept at these schools for as long
time as the government thought advisable.
But those of them who gave no promise
of becoming good soldiers should be per
mitted TO resign and drop back into civil
life II would soon be discovered who of
them possessed soldieriy qualities.
The great drawback of the volunteer
army, as now constituted, is the incOm-
potency of the officers. The majority Of
them, 1t is safe to say, are wholly unfit
ted for the positions they occupy, and
many Of them will never be any better
soldiers than they are now. There ought
to be some way to get rid at once Of
the incompetent officers connected with
regiments 10 be retained in the service.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-28
CURRENT COMMENT.
Must BE Answered.

From the Nashville American DENY.
If the Miles interview is authentic Alger
and Shefter had better begin preparing
their defense. Miles says things which
must be answered.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-02-11
OPINION OF THE COURT BY JUDD, G. J.

This case was submitted to briefs 1t differs from
statutory appeals equity in that the appeal taken oey
upon points of law and evidence up The record OF
the in which this appeal arises is In the Circuit Court
Fourth Circuit
The points submitted upon two questions decided
bv the Circuit Judge from which the defendants appeal
J. The ordered election COT the officers of the
orpoaton to be held by the Ho Portuguese Sugar Mill Com
pany certain date.
Fernandez to be null and be counted the
coming election
The original action was petition for writ of Ono Waanto
poraon in question On appeal this Court decided
March H. 1897 II Haw % that the Circuit Judge had the
power to order new election and directed him proceed with
the case He did and ordered June o. 1897 election
be held 18th of July thereafter We find
for holding that this order The Circuit Judge had
held that the election was invalid and this finding sustained
b this Court and there remained nothing further but to order
new election and fix date for it, w therefore dismiss the
appeal on the first point
We infer from the meage papers sent that no election was
held on the 18th July being considered that the appeal of
defendants suspended the election Reference to decision
shows that bylaws of the corporation provide that the
nua election officers be held the 18th January of each
wear We presume the corporation advised comply
with this bylaw and the requisite notices and to hold the
election 18th January irrespective of this litigation IT,
however, this was DONE will be in the power of the
Circuit Judge to fix further date for the election.
On the second point we hold that the Circuit Judge had
power follows That he sale of the three shares of
the capital stock of the lo Portuguese Sugar Mill Company
Limited purported have been sold to Nuno fernandez
bered CO. and 60 violation of the bylaws of the said
Hio Portuguese Sugar Mill Company Limited, and therefore
void of force effect further find from the evidence
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-02-11

that such made and the shaes purchased by Nuno
Fernandez with due notice 1t therefore ordered and adj
Judged by this Court that the said shares of stock numbered
60, 81 and g. of the lo Portuguese Sugar Mill Company
Limited sold aforesaid be counted coming cleo
ton heretofore ordered"
The legality of the sale of the stock Nuno Fernandez
could be and his stock declared void without
making him party the proceedings The person whose
registered the of the stock the transfer
book other books of the corporation entitled the
stock Cook Stock &c. S611. If Nuno Fernandez is
in this position he the stock
For the then that Fernandez is party these
proceedings the Circuit Judge without authority make
the order that he did This part of the order vacated and
the second part of defendants appeal is sustained Costs
divided.
The RENTED to the Circuit Court Fourth Circuit for
further proceedings if necessary.
G. L. Little for plaintiffs.
Hitchcock Wise and f. w. Wakefield for deendantappel
liant.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-02-11
IN THE SUPREME COURT OF THE HAWAIIAN
ISLANDS,


DECEMBER TERM 1897
A. G. sERRAO a. VIRGINIA sOAREs and MANoEL
SOARES, her husband, and HILO SUGAR COMPANY,
Garnishee
APPEAL CIRCUIT COURT FOURTH CIRcu1r
SUBMITTED DECEMBER % 1897 DECIDED JANUARY 49, 1898
JUDD Co. FREAR WHITING, JJ.
appeal action at law from decision OF
circuit Court jury waived
OPINION OF THE COURT BY WHITING j.
This was action of assumpsit and a the
Fourth Circuit Court and heard and determined by the
Circuit Judge, jury waived and judgment given for the
plaintiff against the principal defendant and also against the
defendant garnhee The defendants excepted
The defendants filed the following appeal: "The
defendants in the above entitled hereby give
they will appeal to the Supreme Court from the decision
rendered herein : and from all and every
There exceptions bill of exceptions to this
Court but there certificate of appeal signed by the presiding
Judge follows:
Certificate of appeal hereby certify that on the 3Oh
day of September A. d. 1897, decision rendered
in the above entitled which found defendants
herein indebted to the above plaintiff in the of
$33S4 debt interest attorneys fees and court and
further found that of 1921 40 in the hands of the
named Ho Sugar Company belonged the said plaintiff from
which judgment the defendants herein appealed the Supreme
Court further certify that the said appeal allowed and
approved"
This alleged appeal improper and questions
be considered by this Court The trial of this cae the parties
having waived jury trial by the Court and the decision
decision of the Court and the decision of Judge
Aim a. Wtdemann Haw. 1884, In such cases, all alleged
must be taken advantage of by exceptions and those
cepons be embodied in bill of exceptions whether they be
objections to evidence rulings of law of law
facts in the decision Each exception appear clearly
bill of exceptions that this Court may be properly advised of
the point before it general appeal does
In re Estate Of 4kdh, Q Haw. 60
All assignments of error must appear the face of the bill
OF exceptions and other be heard Kapuaela Iaea
10 Haw 103.
Further general exception to the decision sufficient
but the party excepting must in his exception specify
CLAIMED In frdga Portuguese Beneuoent Society," Haw
12 the Court AN exception taken the decision
and the findings OF law and of fact therein Such exception
too general and indefinite be considered object of
an exception contemplated by the bring this
Court specific question of law upon which the trial Court has
enormously ruled the prejudice of the party excepting and
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-02-11
In THE SUPREME COURT OF THE HAWAIIAN
ISLANDS.
DECEMBER TERM 1897.
j. VI. WAS 4. ASWAN.
APPEAL FROM THE DISTRICT CouRr HoSoLuLu.
SUBMITTED JANUARY 4, 1898 DECIDED JANUARY H. 1898
JUDD, CD, FREAR AND WHTING j.
judgment another the
OPINION OF THE COURT BY WHITING, JJ

The plaintiff brought action of assumpsit against defend
in the District Court The defendant entered plea
bar wherein he that in July 1897 the plaintiff recovered
Judgment against defendant Awan in the District Court of Ho
nou for the identical debt sued for and that Aswan
appealed hererom the Circuit Court and thereafter at the
special December of that Court the action for trial
before jury and after the plaintiff closed his the Court
upon motion of defendant and against the objection of plain
tiff ordered that the plaintiff be nonsued which said judg
(of non-suit) still in force and unreversed
The District Magistrate sustained the plea in bar and gave
Judgment for the defendant The plaintiff appeals this
Court six points of law:
That the District Magistrate erred in sustaining defend
ants plea in bar
That non-sut for variance between proof and plead
ngs bar eoppe to subsequent suit between the
parties although involving in part the facts.
The other four points state in different language the
question of whether Judgment of nonsuit bar to ube
quent action between the parties for substantially the
The District Magistrate clearly erred in sustaining the plea
in bar The authorities hold with great unanimity that udg
of nonst bar another action for the
Morgan 4. Bliss Mass. III.
Bridge q. Sumner, Pick 81.
Ensign a. bartholomew Met 274.
16 Am. d Eng. Ency. Law $50, TAI.
Freeman on Judgments, Sec. 261.
Black Judgments, Sec 500.
This plea in bar is bad and without merit The appeal
sustained and the Judgment vacated and the remanded
in bar.
A. G. COrrea and A. s. Humphreys for plaintiff
H. A. MdgOOn for defendant.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-02-11
In TIE SUPREME COURT OF THE HAWAIIAN
ISLANDS.
DECEMBER TERM, 1897.


DECEMBER TERM 1897.
KANEoHE RANCH COMPANY, Limited, a. All On
EXCEPTIONS FROM C1rcUr Court, FIRST CIRCUIT
SUBMITTED DECEMBER IS 1897 JANUARY -,
JUDD, CD, FREAR WHITING, JJ.
See c ptas gsa 1hs b s n a not
which title shall
without
respect to the amount in controversy
OPINION OF THE COURT BY FREAR, J.
begun the District Court of Kooaupoko Oahu The defen-
dant pleaded the jurisdiction that the title real estate
iii question: namely, title easements water right IN
the maintenance of which he claims the acts of
done The District Magistrate oveuled the plea enter
tanned jurisdiction and found for the plaintiff the of
$50 damages Defendant appealed the Circuit Court where
the plea sustained and the plaintiff brings the
here exceptions this ruling The question whether
title title real within the meaning
of the Civ L. 1119) which provides that District
Courts ha not have cognzance of real actions actions
in which the title to real estate shall come in question.
Real estate" includes lands tenemens and Entertainments
An heredtament though ncorpoea 1t there
fore real estate and the title easement title real
Neither the the language of the statute
would conne its operation which the ownership OF
the tangible corporal land itself involved to IN
which the title brought in question might be the basis of
action of eecmen Titles easements held to be within
the meaning of similar elsewhere. Stoppenbdch
Zohglaat p Wis 1856; Striker Mott, Wend 465 Haok
a. Segrares "a N j. L. 355; Osborne Butcher, n J.
l. 3Os; Randolph Montfort Is n. J. L. 226. In Ward
Kamanaouu Haw 69, the Court found it
pass upon this question: though raised in argument
though damages claimed should be less than fifty
dollars which the District Court would ordinarily have
exclusive jurisdictions STILL if the District Court busted of
jurisdiction by plea of title real estate, action be
brought the Circuit (Sec 1144, Subd 4, Civ L.
and the party would not be remedles argued by counsel
The exceptions overruled
G. Bro,en for plaintiff.
j. A. Magoon for defendant.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-02-11
IN THE SUPREME COURT OF THE HAWAIIAN
ISLANDS,

DECEMBER TERN, 1897.
J. s. CANARIO ct al a. JOSE G. SERRAO ct al.
APPEAL FROM CIRCUIT JUDGE FOURTH CIRCUIT.
SUBMITTED DECEMBER % 1897 JANUARY ID, 1898.
JUDD, CD, FREAR WHITING, j.
On proceedings order
corporation be
differing the day fixed by the
bylaws for the election of officers.
void the stock not
to proceedings.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-02-11
IN THE SUPREME COURT OF THE HAWAIIAN
ISLANDS,

DECEMBER TERM 1897.
IN THE MATTER OF THE APPLICATION OF AHIN
BY [. A. DICKEY HIS NEXT FRIEND, FOR A
WRIT OF MANDAMUS
ORIGINAL.
SUBMITTED DECEMBER 90 1897 DECIDED JANUARY IA, 1898
JUDD, CD, FREAR AND WHITING JJ.
Magistrate