davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-03-17

matters have been carefully considered by it essential
refer detail, do would be
sarly lengthen this decision
Under all the circumstances Of this IN
favor of the bent of One Thousand Dollars and
costs
Decree accordingly
We wish add that regards the alleged malice of the
against libeAmt foundation for punitive damages
against the masters employer the of the steamship the
law private malice found laid down by this Court
follows:
''For wful and malicious respass of a not com
manded ratified by the but peperad crafty the
the duty which he has undertaken for his action will
lie against the But # the the
sary accomplish the purpose of his employment and
intended for that purpose however III advised improper then
it implied in the employment and the master is liable,
though the have executed wilfuy and malicious
~ These rules apply corporations private individuals
Duncan 4. Wiide's Steamship Co IIawn. 411-414
We overrule the plea the jurisdiction The question has
since the argument in this been decided by this Court
adversely the plea in the of tie petition of An Ito
and others, page 654, ante
the whole think the cmaees assessed by the
Circuit Judge sufficient. The confinement of the
libeant the chain locker and continuing him in irons
which evidence could easily have been removed
totally unnecessary
We fix the damages $3.50 Two Thousand Five Hun
dred Dollars.
Kinney, Baltou It NcClandhun for Ebellan.
f. W. Hatch and +. Cdypless for respondent
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-03-17
IN TIE SUPREME COURT OF TIE HAWAIIAN
ISLANDS
=. VI. MAALo =. : 7. KAIAPA.


ENcsrrioNs rroN Cprrr Corn. SrcoNI CIpcrrT.
SrHurrup BEnrs. JAHr.ry - i>s, Dn1Brr
MAEcH L.. 1>:p.
JrDn. CT. WHuNo J.. l. y pcsly. - w. nAr.
PLACE 80 FETNE. J..
decision by Cr' iary szx .rlHE vSa
COURT nY I. = DlCl<E-Y $50
This tried before the Crvu' Court Il ,hc Sna
Circuit. jury waived II thc June Term. \. H. 1885
Sc. 1i3S Civil Code t,, Civil I-u-l provide hst
I'm such the Court shall hear AMI scic the csus. i..ii
To- the fac AMI the law. AMI Il. ion .ha l rricn ia
writing In this there written dcon rs-In,l
by the statute but appears frOm the bl II cxTsn.
oral decision made which exception iaku sub
oral decision i void jos comply sprr
and there accordingly final dci"n which cNsis.
might have been taken.
The only other exception in th j. ruling q ii
trial Judge overriding defendant motion ior no.uii Sne
il always possible that final Judgment - rticrs.
at defendant though motion for u"rsuit T. cu
unnecessary anl ncNs,lcut that hi. ,~ricr -,
exception before ihc cloc u the ia The lower
This i orlcUs rclnandi ilc Ciruii Cours
Second Circuit, in order that may rncr i.ou writing
the facts and the law ia scyorancc with
Civil Code. without rrcjuicc 'hc right e clcr plaintiff
defendant take proper exception. .uch dcsa uh,n
rendered.
y. ". KaHcaL"a for plaintiff.
w 4 HopshaH Chas Creighton snd 4. y. k.yr,iEsi &c
defendant
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-03-17
In THE SUPREME COURT OF THE HAWAIIAN
ISLANDS.
DECEMBER TERM, 1898.

DECEMBER TERM 1898
ROSE BERLINER by Friend, Bener, a.
THE STEAMSHIP CITY OF COLUMBIA" her Boil
ers Engines, Machinery, Boats, Tackle, Apparel and
Furniture
SUBMITTED ON BRIEFS, JANUARY %, 1899. DECIDED
MARCH 10, 1899
JUMP CJ WHITING, j., AND CIRCUIT STANLEY, I
OF FRER, D.. ABSENT.
hbelant daughter
together
a Held confinement
the ship.
OPINION THE COURT JUDGE STANLEY.
This this Court appeal by the libeant
from decree of the Hon A. Perry First Judge of the First
Judicial Circuit sitting in admiralty, dsmissing the libel
against the Steamship City of Columbia, her boilers engines,
machinery, boats, tackle, apparel and furnitura
The decision upon which the decree founded reads
follows
'The hbeant of Five Thousand Dol
lars damages resulting her by of assault and battery
alleged have been committed upon her by the OF the
steamship City of Columbia the 4th of September last,
while said ship voyage from Seattle Washington
o Hawaii and also by of alleged false and
warranted and imprisonment of said hbelant by said
4th 9TH, and 9th days of said month during the
voyage aforesaid and also while the ship anchor in the
harbor In the libel it further averred by way of
that the of the alleged assault and
used harsh and insulting language the belan
and that during part of the time of her imprisonment the door
of the which lbellan confined kept
hbeant thereby subjected ndgnty and
insult and deprived of her rights and privileges pas
senger
From the evidence adduced find the facts follows
The steamship City of Columbia, which
beant and her father and mother first cabin
left Seattle Washington August Goth last,
Honolulu via Ho bringing freight and large number OF
first and second cabin Early in the evening OF
Sunday the 4th of September while the ship the high
Solomon Berline beants father, assaulted 10y
b. H. Colegrove fellow passenger with Delaying and
wounded in the head For few it
thought that Berner dead; this found
be but the ships surgeon gave his opinion at the time
that the could recover About hour after the
saut, the surgeon far modified his opinion that
he thought that Beriner had fighting chance for life and 1t
until about eight o'clock the morning that the
wounded considered be out of danger
"Slorty after the assault the while in attendance
Graham guardian., 1899-03-03

THE bill introduced by Mr.. Pace
to segregate the agricultural school
from the Territorial University
and locate the experiment station
and agricultural school in Graham
county, is measure that should
pass. In this valley is plenty of
the best land in the world, with
abundance of water. The soil be-
ing fertile as that Of the valley OF
Mel and the climate being almost
perfect, makes it peculiarly adapt
ed to the test and experiments en-
ployed in the agricultural schools
for the benefit of the agricultural
communities. This bill should be,
come a law, for all public institu'
tss are supposed to be located
where they can be the most useful
Our county does not claim super
ior qualifications demanding the
territorial prison, reform school OIL
insane asylum, but we do possess
superior inducements for the loca
tion of an agricultural college ane
experimental station.
Graham guardian., 1899-03-03

THERE is one bill which the
physicians of this valley have bad
drawn and which will probably be
introduced In the Legislature this
week, that should receive the care
ful consideration of our lawmakers
and be enacted, or one covering
the same ground. Experience of
the last four months has taught the
people of thus county that a strict
quarantine law is an absolute nee
essity. Within that time at least
so deaths have occurred from the
measles, the spread of which could
easily have been checked in the
had there been q
law in existence giving anyone
quarantine powers. Such terrible
destruction of life, easily prevent
ed with necessary laws, is a dis.
grace to civilization. We call upon
the lawmakers of Arizona, and de.
mand in the name of the people of
Graham county that necessary
quarantine and sanitary laws be
passed.
Graham guardian., 1899-03-03

Mr.. ]. W. Payne, general manag-
er of the Grand Reef mine, arrived
in town from his model camp Fri
day, the trip being necessltated by
the breaking down of the mire
pump, which was brought IN and
shipped for repairs to Gardiner,
Worth & Goss of Tucson, who are
head quarters for mining machine
ry in the territory. The showing
of ore on the 500 foot level in the
mine is reported to be most crafty
ing. Mr.. Payne was unfortunate
ly attacked by la grippe Friday
night and left the following night
for San Francisco.-Range Ne,oS.
Graham guardian., 1899-03-03

THE woman suffrage bill, wher
it was called up in the council last
Tuesday was on vote of five to
four, recommitted to the commit
tee on education for amendment
We would recommend that the
mem bers of the council quit bush
whackirg and either pass or kill
the bill. No one will blame any
member who votes honestly either
for or against the measure, but
the bill should either be passed or
killed in oper daylight.
Graham guardian., 1899-03-03

THE Bulletin, when 1t goes into
a fight always becomes ridiculous
and generally untruthful. Last
week it said "the people of Ora
ham county, outside of a few SAT-
ford Pops, are almosta unit against
woman suffrage" This statement
is expected TO act in two ways:
To mislead the legislators and in
suit the people of Stafford. But
the GUARDIAN is prepared to call
the Bulletins bluff. We will wager
500 that there are less people in
Stafford, population considered, in
favor of woman suffrage, than in
any other town in the valley be-
tween Solomonville and Thomas.
Graham guardian., 1899-03-03
PRESENTS FOR THE BRIDE.
Those Made by Loving Fingers Probably
The Most Appreciated.

Those Made by Loving Fingers Probably
The Most Appreciated.
"The wedding present as an in
stItution cannot be ignored" writes
Frances E. Lauigan IN the March
Ladies' Home Journal. at should
be, and almost always is, "a matter
of pleasure to both recipient and
giver, and when properly given
that Is, in cases where intimacy
and affection warrant it's being
sent---it is a most charming institu-
tion. Wedding presents are some
times objected to on the ground
that they compel young people to
start their married life handicap
ped with the overwhelming shadow
of gifts which must eventually be
repaid in kind. Where such a
shadow is 1T deserves to be for less
kindly appreciation of the interest
and affection of ones friends can
scarcely be imagined than this.
The wedding present in almost all
cases represents token of good
will and affectionate interest, and
should be so received.
"Let no one be deferred from
sending Wedding present because
If her inability to send something
costly or elaborate. Many pretty
and useful things may be purchas-
ed nowadays for very little money,
and many dainty articles suitable
for personal or household use may
be made by reasonably clever
hands. Probably the presents
most valued by the average bride
arc those which are made by the
loving hands Of her friends"
Graham guardian., 1899-03-03
BUCKLIN's ARNICA sALyE.

THE BEST SALVE in the
world for cuts, bruises, sores, ul.
GERS, salt rheum, fever sores, letter,
chapped hands, chilblains, corns,
and all skin eruptlons, and pos
itively cures piles, or no pay re-
CURED. 1t is guaranteed to give
perfect satisfaction or money re-
funded. Price 25c. per hox. Sold
by all dealers in drugs and gen
eral merchandise.
Graham guardian., 1899-03-03
AGAINST EXEMPTIONS.

we are In receipt OF the follow
ing petition from Flagstaff, which
explains itself:
"To the goth Legislature:-We,
tho undersigned, residents Of
county, Arizona, respect
fully petition your honorable body
that no laws be ena,tced exempt
ing railroads or other enterprises
from taxation; and that a law be
passed lcvying just tax upon the
output of large mining companies.
Or, if our petition be denied in
either respect, we then pray that
the existing poll and road tax laws
be repealed; to the end that the
workingmen of the territory, the
true developers Of its resources, be
not pnlustly Disseminated against,
but may enjoy relief from the bur.
dens of taxation proportionate TO
that accorded speculative invest
ment."
We are thoroughly in accord
with the above petition, with the
exception Of that portion asking
for the repeal of the road and poll
tax laws.
We never did believe in exemp-
tion laws that discriminate against
oLe class of property in favor of
another. We cannot see the pro.
priety of exempting railroads from
taxation while all other enterpris'
es are taxed. The man who goes
into the desert and reclaIms 100
acres of land and makes it fit for
human habitation is as much en-
titled to tax exemption as are rail
roads, yet who ever beard of'thif
class of property being exempted
Let tho railroads and mines pay
their just proportion of taxes, by
all means, but we cannot agree
with that portion of the petition
asking for the repeal of the road
and poll tax laws, for the reason
that at present large sumsof money
are collected annually through
the poll tax law that otherwise
would not go INTO the county trea
sury, and this to, IN a large mea
sure, from men who pay no Other
tax.
The road tax is collected from
all men alike and is a positive
necessity, Without good roads
/ community had better be out o.
existence, and they cannot be KEEP
up without some kind of tax
There is one thing in the road tax
law, however, that we should like
to see remedied, which is an un
just discrimination against those
who are compelled to work theil
own road tax. There is no justice
in law which compels poor
man to work two days on the road
each year, while the rich man pays
| So In cash. Either remedy thi:
raw so that only one days labor OF
so in cash is required, or two days
labor or 81 IN cash.
The majority of the people. O.
this county are in favor of putting
a stop to exempting rich cor
porations from taxation, but they
are not in favor of repeating the
road and poll tax laws.
Graham guardian., 1899-03-03

Every town ( Ell Paso no excep
tion), has a liar or two, ,somepretty
girls, and more loafers than it
needs, women that tattle; an
old fogy that the town would be
better without; men who stand on
the street corners and make re.
marks about the women, and men
who laugh an idiotic laugh every
time they say anything; scores of
men with the cabosse of their
trousers worn slick as glass; men
who can tell you about how the
war question should be settled, the
weather, and how to run other
peoples business, Especially the
newspaper business) but who have
made dismal failure of their
,wn.-IaduStriaI Record.
Graham guardian., 1899-03-03

Rev. e. Edwards, pastor of the
English Baptist Church at Miners
vile, Pa, when suffering from
rheumatism. was advised to try
Chamberlain's Pain Balm. He
says: "a few applications of this
llniment proved of great service to
me. 1t subdued the Inflammation
and relieved the pain. Should
any sufferer poft by giving Pain
Balm trial it will please me"
For sale by all dealers in medicines
Graham guardian., 1899-03-03

The bill introduced by our rep
resentative, ]. NJ. Murphy, giving,
women the right Of suffrage, has
been the means of bringing forth q
communication from a lady in
Kiugman addressed to the editor
of the Wealth. Speaking to the
bill she says: "The exper,
iencewe have had in Colorado ought
to demonstrate to every one that
woman suffrage is not only right
bat practical. 1t tends to elevate.
There is not caucus but is better
attended, and by better people, and
held in better place. | have
seen the time when political con.
vention without disturbance and
The drawing of weapons was rare.
That time is past in Colorado, and
it is due to the presence of women.
i know this by my own knowledge.
Every man now shows that civility
which makes him take off his hatI
and deport himself deccntly when
ladies are present. Instead Of wo. |
mons going to the polls corrupt
ing women it has purified the
polls" - Our Meneral Wealth.
Graham guardian., 1899-03-03

Active solicitors wanted everywhere fol
THE Story of the Philippines" by Murat Hal
stead commissioned by the Government as
SnaS hs,Gfs rI m 70 sne war san Fran
cisco, on the Pacific with General Merritt, in
the hospitals at Honolulu, in Hong Kong, in
the American trenches, at Manila, IN the insur
Olympia with Dewey, and in the roar OF battle
at the fall of Manila. Bonanza for agents
Brimful of original pictures taken by govern
ment photograper on the spot. Large book
Low prices. Big profits. Freight paid Credit
given. Drop all trashy, unofficial war books.
Outfit free Address, +. 7. Barber, Secretary,
Star Insurance Building Chicago. Illinois.
Graham guardian., 1899-03-03
First publication Feb. srd.
Notice for Publication
Hom mestead Entry, No. 1854
LAM OFpTrr At TppSnN, 49,,

HON estcad Entry, No. 1854
LAND OFFICE At TUCSON ARIzD
" January 3Oth, 1899 I
Notice is hereby given that the following nam,
sd settler has tiled notice Of his Intention IA
make final proof in support OF his claim, ana
hat said proof win be made before the CinrI,
N the District Court at solomon Vile AT
coma, on saturday, March 18th, 1899, viz:
Allen +. Barnette, of Stafford Graham, Coun.
w., Arizona for the 4 u of " X and
Y of N 4, Sec 2S, Up p7sR26E e, g. & s.
r. NJ - y
He names the following witnesses TO prove
his continuous residence upon and cultivation
of, said land viz:
Thomas I. Hunter, Edward Allen, Rolley G
Smith and Fred VI. McGowan, all of Satford
Graham county, Arizona.
MILTON R. MOORE,
Register
Graham guardian., 1899-03-03

COUNCIL Bill 43, for the creation
of Bowie county was killed in the
council last Monday. The council
did the proper thing in killing this
bill quickly. 1t will be a number
of years yet before population,
wealth, ETC., demands the creation
of Bowie county. Because few
hungry Office seekers want new
counties formed does not ccnsti'
tute an existing necessity.
Graham guardian., 1899-03-03

Jessie d. Grant, son OF Gen
Grant is in Los Angeles and was
asked If it was true he is Demo
crat. He said, "lf Republican
delegation Of state goes to ma
tioual convention instructed tc
stand for a free silver plank in the
platform and then votes for golo
platform, what is a free silver mar
to dor The free silver wing of the
Republican party in this state wa'
tbro own down. That is my answer
Cotton Chronicle.
Graham guardian., 1899-03-03
]. H. H0BACK,
First Publication January 18th.
Notice for Publication.
homestead No. IS4o.

HON eS tead No. 1910.
LAND OFFICE AT TUCSON, ARIz
January 10, 1899.
Notice is hereby given that the followinI
named settler has filed notice of his intention
70 make final proof In support of his claim anC
that said proof will be made before the Clerl
Oh the District Court at solomonville, Arizona
ou 5aSuruay, EeDruary 25th, 1899, viz:
ty, Arizona, for the NE x of NV Z of Sec %
rp 6 =, 25 f, G. & S. 4. NJ. ~
ne names the following witnesses to prove
of said land, viz: ""N "'A''' '''oh
William Blair, George II. skinner, David v
A. Ialley and George Stewart all of Stafford, ri.
zona. ~ M
MILTON r. MOORE,
Register.
Graham guardian., 1899-03-03

THE needs of incorporation be-
come more appearant every day.
and as our own people do net seem
inclined to take action, it is quite
urobable that as soon as Solomon
willie incorporates, we will be an
pexed to that burg.
Graham guardian., 1899-03-03

The bill providing for the re-
moyal of the Territorial prison
from Yuma to Prescott, which is
now before the Legislature, will
undoubtedly be killed as 1T should
D..
Graham guardian., 1899-03-03
Oh! Women! Fair women,

Oh! women! Fair women,
What havoc you've made
With the young men Of Stafford
Who go to get shaved
AT Austen's shop so nice so neat
Why smile so sweetly as them you
meet
You can't help treating them nice
You say
Since their hair is cut in the latest
way
Well we don't blame you / am sure
For such an artist never was
found before
As A. II. Austen, the popular
nan
Who shaves and combes as no
ne else can
American 60 sAor
s<sS.
Opposite Post OlnUo Stafford.
Graham guardian., 1899-03-03
Notice to Creditors.

In the Probate Court of Graham county in the
Territory of Arizona
In the matter of the Estate of James Morris,
De eased.
Notice is hereby given by the undersigned
executors of the estate of James Morris deceas
ed, to the creditors OF, and all persons having
claims against said deceased to exhibit them
with the necessary vouchers within four (4)
months after the first publication of thus notice,
to said executors at their residence at Stafford,
Arizona, the same being the place tor the tran
sacnon of the business of said estate In the
the County OF Graham, Territory of Arizona.
Dated, Feb 3, 1899. CHAS. W. MORRIS,
LILLE MORRIS,
Executors.
Graham guardian., 1899-03-03
CIRCULHTIOn
0VfR 900,
IND INCREASING.
FRIDAY, MARCH, 8, 1890,
GoLpERBURG's freight and far
bill has been killed.

Olney's bill providing for the
care of prisoners in the county
iails, probably will, and should
become u law.
Graham guardian., 1899-03-03

THE Legislature has repealed
the law creating the Territorial
Loan Commission which is one of
the very best acts of that body.
Graham guardian., 1899-03-03
LOST

In Stafford or on the road to
Soiomonville, a pair of steele rim
spectacles. A reward of $3.50
will he paid the finder on delivery
at this office.
Graham guardian., 1899-03-03

NTANTED-SEVERAL TRUSTWORTHY
w persons In this state to manage our bust.
ness In their own and nearby counties 1t Is
mainly office work conducted at home. Salary
snaight 800 year and xpenses-defnite, bon
aide, no more, no less salary. Monthly SIS Re
rerences. Enclose self addressed stamped en-.
yyelope. Herbert e, Hess Prest., Dept NJ.
Graham guardian., 1899-03-03

Mining location notices and real
estate deeds for sale at the GUAR
DIAN office IF.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-09-09

j.. with a monthly endowment Of $1,000.
He cabled to Mr.. Jesse Seligman, during
the following year that he could draw
letter for $25o,0Co more. TO DE used IN
colonizIng and educational schemes In
this country. The fortune turned over
to this charitable use was known there
after as the Baron Hirsch Fund.
Oscar S. Straus, former Minister TO
Turkey. was selected In 1897 10 distribute
ST. $4,000 that the Baroness Hirsch. then
widow, decided TO give TO charitable
institutions I'm this country. or this i'm
mense sum 100000 went to the Baron
Hirsch Fund. The Baroness learned that
the Baron Hirsch Fund School, in this
city, was conducted I'm n rented building,
and 80 $4,000 went 10 the purchase Of
ground, and the erection of suitable
structure
She established 10000 school for
working girls in New York, and also
paid the 10000 mortgage on the building
Of the Educational Alliance. on Jefferson
street.
The settlement of Woodbine has $500
acres. There is a town. with school
buildings. a hotel. n synagogue. and an
agricultural school. with n greenhouse
and farm. English day and evening
schools. trade schools, agricultural
schools. relief and free employment bu-
reaus and public baths have been estab-
lished in New York. There are branches
in Philadelphia Baltimore Boston, and
ST. Louis. all doing similar work.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-09-09
THE FEATURE AT sHEnrsHEAD.
Dead Heat Between sadducee ana
E,iImarnock I'm Fast Time.

NEW YORK, September 6.--The feature
of the day at Sheepshead was the 2-year-
old race over the Futurity course, which
attracted a field Of high-class young
STEERS. GOnfalon was made an odds-on IA
vorite with Hindu a well-backed second
choice. Neither was in II at the finish'
however. as Sadducee. at 10 20 l, and
Kilmarnock. a promising colt from Mad
den's stable, ran sensational uedu-
heat. in fast time. The purse was divided.
First receive furlongs- Hesper % to y
won. Angle Is to 1 and to y second, Gold
Lock q 10 p third. Time, 1902 10.
second race-one mile-Tenor 90 TO .
won. Lenore second, Leo Planter az to y
third. Time. 1:42.
won. Kilt second, TabOuret % TO u third.
I Fourtb race-mile and furlong-Azu-
coma "a TO y won. Swift Mass al TO 10 and
TO a second, Maid Of Harlem 90 TO u
third Time, 1854 40.
Fiffh race Futurity cOurse-Sadducee
no 10 u and Kilmarnock g TO u ran
dead-heat. Mauviile % to u third. Time,
sixth race-one and one-half miles, on
turf-Star Of Bethlehem o 10 y Won
Maxine Gomez g TO and to u seconu'
Spurs U5 TO u third. Time, 2;So 40.
GRAND CIRCUIT RACES.
NEW YORK, September 81 olowlhg
are The results of the Grand Circuit races
9io class pacing-six furlongs' purse
z, CO0-Hal y. won, Eyelet second, hydro
zen third. Time 206 ga and 2:W u
21O class. trotting-purse SZoO-Gdytoih
won. Louise Mac second, success thliu.
Timc. 300 "a. 2:O9 IA. and 2IO IA. Louise
Mac took the first heat $500
2.O5 class. pacing--purse &OOo-Anacon-
da won Roam Wilkes second Lazy r.
Manor third. Time 2:03 Ia and 2:0l.
Free-for-an trotting-purse 2OVOmThe
Abbot won. John Nolan second. Time,
0.O9 "a and 2a6 Ia.