The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-11-09

~ all the blocks IN Chinatown the front including the
store of the plaintiffs which several blocks from b H.
IRE started There was only moderate breeze blowing at the
time and efficient between the setting f tho
lire under the orders of the Health authorities and the BURNING of
the merchandise in the plaintiffs store Sucb sulstant;a ~
the facts found by the trial supported bv the evil
dence That court found that these not show cv
connection within the meaning of the policy to this that
objection is taken
Counsel for the defendant have the court find that
CIVIL comoton was occaoned the outbreak of plague
and continued until the 10th of January when the fire in Question
started by the Health authorities The phrase civil commo
tom doubt of broad meaning but cannot be stretched to
cover the condition prevailing this city during period
preceding the fire in question. Naturally, have seldom
been called to construe this phrase Lord Mansfield ap
plying to the riot of $780, said: II think civil
ton is this instruction of the people general purposes
though not amount rebellion while usrped
power Lngsdale Mason, quoted in Joyce ms Sec 1881
This is said to have been quoted in Portsmouth ms Co. T.
Reynolds, 80 Graft (Va) Eng Enc of Law End
Ed pol In SpruH Z. n. c. Mn life ms Co., As n c. 1876
of insurance upon the life fugitive slave who was
shot by persons attempting capture him. the court holding
that there civil commotion said ga is de-
fined by the photographer referred (Wocester be
tunut and tumult to be promiscuous commoto of null
titude; irregular violence wild commoon. civil
motion, therefore, requires the wild irregular action many
persons assembled together It is that in this the
business of the and of the community less
interrupted but that is sufficient make civil connection
There nothing of Wild tumultuous, violent, turbulent
sedos which the phrase generally understood
ply and which intended imply this policy shown by
the words with which associated The interruption bust
orderly deliberate and for peaceful and audabe pur
poses These words be taken strictly in their eymoog
cal Meanings moving together not military, ecclesiastical,
If they would include the ordinary celebration of holt
daywhen business interrupted than during the
plague here they would include many the
to have different meaning The plague epidemic itself
civil commotion did civil connection There
true, considerable excitement after the fire department
lost control of the fire. for several thousand people obliged
their order escape the flames and
had be safely conducted elsewhere and allowed
in the unaffected portions of the city, but if there civil
commoon then, did the fire. The fire causedit
1t may be that fire of this kind unusual that the nsur
company did in fact contemplate it and that
templated only ordinary risks go by the Of
the policy and hold all loss damage by fire
cued the excepted risks The probable
the parties may aid in the construction of doubtful phrases the
policy but alter the plain meaning of its language
If bubonic plague named in the policy of the
cepted risks it might be nice question whether that the
proxmate of the fire. but that mentioned
cepted risk.
The plague itself civil commotion and the facts of
the DO not show that caused civil commoton prior
the fire in question It unnecessary go further and say
whether if the condition existing to the fire could be
ery described civil commoon rather than the plague
the order of the Health authorities the of the fire
The policy excerpts losses caused by civil comoon losses
which merely in time of civil commoon. " "a
The exceptions overrued.
Paul Neanann and w Austin Whiting for the plaintiffs
H. A. Thuston and Robertson Wilder for the defendant