davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-10
MARY ANN EVANS
WANTS A DIVORCE
She Says Her Husband Drinks
and That She is Afraid
of Him.

William Evans, whose domestic troubles
have been aired more than once in the
Police Court, was made the defendant in
suit for divorce brought yesterday in
the Circuit Court by his wife, Mary Ann
Evans. After ten years of married life
she now desires that the law sever the
bends of matrimony between herself ana
husband. She wants an absolute divorce
from the man whom she AYERS in her pc.
tition to Judge Humphreys has for the
past year or so been guilty of extreme
cruelty toward her. She says she is in
mortal fear that while drunk he win kill
her, and asks the protection of the court
until such time as the petition can be
heard.
She states that they We're married ir
1880 by the Rev. Alexander Macintosh
For the last twelve months, she says. her
husband has been habitually incorporate
and has been intoxicated the greater part
OF the time. When drunk, she ayers, he
has fierce and violent temper and it is
unsafe for her to live with him.
Her sole means of support is in the
keeping of lodging house off King street
near Alakea, but her husband, she says
while drunk makes unbearable noises and
his presence makes it uncomfortable fol
her dodgers. She asks the court to issue
temporary injunction restraining him
from entering her house during the pend
ency of the divorce libel and for such
other relief as the Court deems proper
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-10

ell doctrine of transition period refer
ring to the period of time between the
signing of the Joint Resolution annexing
the Hawaiian Islands to the United
States, July 7th, 1898, and the taking ef-
feet of the Organic Act, June 18th, 1900,
during which the Islands We're neither an
Independent sovereignty nor part OF the
United States and maintains the
position to support which it seems the
phrase was coined, to wit, that during
this period the Constitution of the United
States had no force or effect in the Isl
ands From this doctrine / most respect
fully dissent My reasons for SO doing
are set out at length in the opinion of the
Court in Elk Parte Edwards, and 1T VIII
be unnecessary to repeat them here. How
ever as the dissenting opinion IN the
Edwards case is relied on as authority
for denying the principal contention OF
the defendant in this case, / am con-
strained to state that the authorities re-
| lied on, it seems, do not clearly support
the contention claimed for them III such
! dissenting opinion.
Justice Galbraith goes on to cite from
! a dozen different authorities concerning
| this much-mooted question, all of whlcf
seem as much in favor of his contention
as those cited for the opposite side favor
| their opinion. He concludes: 1T clear
| ly follows that the defendant having been
convicted by the concurrence of only
| nine Jurors was denied his constitutions
/ right of a trial by jury and that his con-
yiction was Illegal and void. Holding the
/ views / do on this question, 1t Is unnec
sary to express opinion on the oIhel
arestions decided by the Court in the
| opinion. y
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-10
A REVIEW OF THE
CRICKET SEASON
Anderson was the Best With
the Bat and Took Most of
the Wickets.

The cricket season which terminated on
Saturday was short one, being OF only
five months duration. 1t commenced in
May and, in accordance with a resolution
adopted at the last general meeting of
the club. closed after five months of ac-
tivity.
Owing to the difficulty of finding oppo-
ncnts, only two matches against outsid
erg were played. the club winning both OF
these very easily. a team from the
steamship Bloemfontein was beaten by
five wickets aad 129 runs and a sixteen
drawn from ships i'm port was vanquish-
ed by 81 runs
The batting and bowling averages for
the season show some interesting figures
both being particularly creditable to the
club. The excellence of the bowling sta
tisttcs Is accounted for by the accuracy
of the concrete pitch.
II. Anderson heads the batting list with
the astounding average of SAG An inn
lrgs of l29 not out is mainly responsible
Tor this, although Anderson's aggregate
OF 20 for five innings is far ahead of any
one else. The club is fortunate in having
such batting talent at its disposal.
A. W. Bottomley, perhaps the most fin
/ ished bat In Honolulu. comes next with
Il, Following closely is ]. w. Harvey
o.,
with lO.4 and r.. A. Jordan with 102 Har-
Vey has recently resigned from the club.
Which Is very regrettable for he is an
enthusiast and an expert in every. depart
ment of the game.
others whose names figure well lIp in
me average list are d. w. Anderson. as:
~ -. Sinclair. 10; i. Parish, 6s: A r.
/ hatheld, %, and l.. G.. Blackman. So
/ VI the thirteen players whose averages
nave been compiled, the names Of four
only appear in the batting list of the sea
son OF lSsI-lsys; these are A. r. Hatfield
rs: r. A. Jordan. %; Donald Ross. As
| and s. Woods. IL
In the list of the 1S9S-lS99 season five OF
the names in the present list appear: Phi.
anita. 10.5: ]. w. Harvey. 6: r. A. Jordan
~ and Donald Ross, 1877.
The 1S99-19O0 list includes of the present
players: r. Anderson, ST.: J. w Harvey
1871; ID. W. Anderson. II; Pianiaia, 10 II
p. Sinclair, 60. and h. Parish. $50.
From the above figures il will be seer
that Messrs. Hatfield, Jordan and Ross
have played during the last four seasons
and Piianiaia and Harvey during the last
| three seasons. That the old-timers retain
their form is evident from the fact that
the names of three of them, Messrs. Har-
Vey, Piianiaia and Jordan, appear among
the six best averages for the season just
closed.
The bowling department is headed by
II. p. Sinclair with thirteen wickets cost
ing but 3.5 piece. r. Anderson comes
he took the most wiekets during the sea-
son. Cockburn with "a wickets for 12f
runs and d. W. Anderson with for a.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-10
inc CONSISTENT DECISIONS
BY THE SUPREME COURT

Marshall for libel and the habeas cor
pus case brought by George Edwards,
and both involve the question of wheth-
err the Constitution of the United States
went into effect when the flag was rails
ed over the Islands or not. In the
former case a majority of the court de-
cides that the Constitution went into
effect in the Islands only when the Ter
ritorial Act became law while in the
Edwards case the decision is exactly
contrary.
The reason of this divergence of
opinion lies in the fact that Justice
Perry was not able owing to illness to
be present at the term of cour- when
the cases were decided and that others
were called in to take his place. Chief
Justice Frear and Justice Galbraith
take Numerically opposite positions on
the question of the Constitution follow
ing the flag. In the Edwards case
Judge Humphreys sat with the Su-
preme Court and he agrees with CAL
braith that the Constitution does fol-
low the flag. j. A. Magoon sat in the
Marshall case and he agrees with Judge
Frear that it does not follow the flag.
AS a result in the two decisions the
court is led to take two entirely differ
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-10
Haytl Loses the Case.

WASHINGTON, Oct. Judge Day,
who is arbitrator in the Metzger case,
has just returned his decision in favor
of the claimant, and has decreed that
Hayu pay an indemnity of $23, 000 This
case was submitted to arbitration in
accordance with a treaty entered into
a year ago, between Secretary Hay and
Minister Leger. The claim for indem-
nifty was r1ade by John B. Metzger &,
Co, an American firm, on account of
the seizure and sale of their goods at
Fort au Prince for the payment
OF certain licenses and on account of an
alleged failure to furnish them with an
adequate supply of water for the oper-
alton of their mill at Port au Prince
and on account of a quantity of lumber
alleged to have been sold by them for
the relief committee on the occasion OF
the devastation by fire of Jaonel. The
treaty requires the Haytian legislature
to provide for the payment of the iudg-
ment within six months.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-10

verdict i'm the criminal cases is munich
pal legislation contrary to the Consti-
tuition of the United States, and null
and void.
CD Sodomy is an Infamous crime
within the meaning of the fifth amend
ment of the Constitution of the United
States.
90 The petitioner in this case having
been put to his trial on the 10th day
of August, 1898, upon an indictment So
called found by a Circuit judge, charg-
ing him with the crime of sodomy, and
thereof convicted by verdict of less
than unanimous is entitled to be dis
charged8
Z After quoting long list of authori-
ties of the question of the Constitution
following the flag, the court says: III
is not necessary in order to decide the
case at bar to express an opinion as To
whether the Constitution ex propriore
vigore and as a whole extends to and
is in force in all territory subject to
the sovereignty of the United States
1t is clear and well settled that some
of the provisions of the Constitution dc
not apply to the Territories whether
/ there is an act of Congress expressly
extending them there or not, for the
reason that they are totally inappica
BILE to the conditions existing in the
! Territories. However, the ablest anc
most earnest advocates of the unlimit
ed power of Congress to legislate fol
the Territories, unrestricted by the pro
visions of the Constitution, frankly ad
nit that those negative provisions o.
the Constitution inserted to protect the
life and property of the citizen are il
force in the Territories, and are so fa1
Ia limitation on the power of Congress
in legislating for the Territories
In concluding the court says: DE
Gliding only the question presented b.
the case at bar, we hold that the Ha
waiian Islands We're part of the Unit
ed States on the 10Th day of August
1898; that the fifth and sixth amend
ments to the Constitution of the Unit
ed States were in force here at tina
time; that the petitioner having beef
put to his trial on the 10Th day of Au
gust. 1898, upon an indictment found b,
a Circuit judge charging him with al
infamous crime, and thereof convicte'
by verdict of ten jurors, was thereb.
deprived of his constitutional rights
and his detention is illegal Tet tn
writ issue and the petitioner be dis
charged.
Edwards was released some time ag
/ by the order of the Supreme Court, s
1t has been known for some time tina
| the decision was Forthcoming.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-10

were also remarkably successful with the
ball
A. r. Hatfield took ii wickets averag-
ing 9S each. In the 1S9S-1S99 season he
took 81 wickets at a cost of 3.16. In the
1S99-1900 season he again headed the list
with total of 20 wickets. Cockburn,
Harvey, Sinclair and r. Anderson also
took II, II, 6 and wickets, respectively,
during that season.
months and over thirty matches were
played. During the season of 1899 1900
twelve matches were played.
1t is to be hoped that interest in local
cricket will speedily be revived. There is
sufficient material in town to put team
in the field, capable of holding it's own
against anything that is liable to happen
along. The trouble is that with all posi-
BILE facilities afforded. the men won't prac-
tice, and until this difficulty is overcome
the outlook for cricket is the reverse OF
brilliant
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-10
!. 3. 50 50 - 81 80 - s.
THE MARSHALL CASE.

The case against William H Marshall
arose out of an article which appeared
on August 27th 1899, in the Sunday Vol
ceno, a weekly publication published by
Marshall, wherein statements were made
about the late Chief Justice Judd that
were of libellous character Marshall
was arrested soon after and after many
delays and postponement he was found
guilty by nine jurors of jury of twelve
of the crime of libel and was sentenced
to six months Imprisonment and to pay
costs of $40
The case was appealed on several
grounds, among them being that the
Penal Laws of Hawaii We're void because
they divide the offense of libel into de-
grees without distinguishing them save
by the amount of the penalty and that
the defendant had not been made to plead
a second time in the Circuit Court to the
charge against him.
But the chief thing relied upon was that
conviction by nine jurors was Illegal
after the annexation of the Islands, even
though the Territorial Act had not gone
into effect. 1t is upon this point that the
Justices of the Court differ.
| Chief Justice Frear writes the opinion
| of the court and it is concurred in by
| j. A. Magoon. who sat in place of JUS
! tice Perry. Justice Galbraith writes a
strong dissenting opinion, wherein he
takes issue with the other Judges on the
Constitutional question.
In the opinion most of the space is de-
voted to the consideration of the two 9TH
/ er points involved, both of which are de-
cided adversely to the defendant
| OF the most important question involv-
| ell the Court says: 1T is further con-
| tended that the verdict of the jury can
not stand because not unanimous The
| verdict was returned on May 18th, 1900
| during the transition period between the
annexation of these Islands to the United
| States and the taking effect of the Ac
| OF Congress establishing a Territorial
| Government for these Islands. We holt
that verdicts by nine or more out o.
twelve jurors, as permitted by Hawaiian
| law before such annexation, could b.
| lawfully returned after annexation anC
before the establishment of such govern
ment. basing our conclusion upon tn,
| reasoning in Peacock & Co. VS. Republic
II Haw. q; Republic VS.. Edwards, II Haw
50, and the dissenting opinion in Elk Par
| tie Edwards, filed the same time here
| with
| Thus briefly is the question dismissed
in the opinion, but Justice Galbraitl
| gives it more attention in his dissentins
opinion. THE opinion of the majority o
the Court" he says, 'reiterates the nov
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-10
NEUTRALITY-SUSPICIOUS..
EDWARDS CASE.

The majority opinion in the Edwards
case was written by Justice Galbraith
and concurred in by Circuit Judge
Humphreys. 1t is a dozen pages in
length. and goes deeply into the au-
thorities. The dissenting opinion of
Chief Justice Frear is even longer, and
he likewise cites numerous authorities
wherein he finds reason TO hold that
there was a transition period between
annexation and the going into effect OF
the Constitution.
The important holdings of the court
are as follows:
The Congress of the United States by
a Joint resolution, ITO provide for an
nexing the Hawaiian Islands to the
United States" approved July Z, 1898,
provided, inter ALA, that 1.-The municipal
Legislation of the Hawaiian Islands
not inconsistent with this joint resolu-
ton nor contrary to the Constitution OF
the United States shall remain
in force until the Congress of the Unit
ed States shall otherwise determine.
On August IL, 1898, there were certain
ceremonial functions held in Honolulu
at which the Hawaiian Government
was formally notified by the United
States Minister Plenipotentiary and
Envoy Extraordinary of the adoption
and approval of the joint resolution
aforesaid, and at which the Hawaiian
government ndOe an unequlNOcd
transfer and cession of it's sovereignty
and property. Held:
| % That by virtue of the language
of the joint resolution above quoted al
municipal legislation of the Hawaiian
\ Islands contrary to the Constitution OF
the United States was ex vi verbea, anC
not by the implication merely annulle6
and ceased to be of force or effect after
the 18th day of August, 1898. The ques
ton as to whether the joint resolution
took effect so as to operate as repea
of Hawaiian municipal legislation con
trary to the Constitution of the United
States at the date of it's approval or OF
the 18th day of August, 1898, is one no
necessary to the decision of this case
CD No person could be put on trial fo
an infamous crime in the Hawaiian Is
lands after August II, 1898, withou
having first been indicted by grant
jury. nor could one be convicted of sucl
a crime save by the unanimous verde
Of twelve Jurors.
go Section GIG of the penal laws o
1897 provided for the finding of an lin
dictment" by a Circuit judge, and tina
part of section 1345 of the civil laws o
1897 authorizing nine jurors to return ;
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-10
men GOODS! NEW GOODS
Just Arrived:

Per N Diamond Head, sehf. rraxG
and Y. b. Sutton, viz: Blasting Pov
der, Giant Powder, Rice Bird Psvfs
Hats, Caps, @. p. Caps, Fuse and keeA
ed Cartridges: . large assortment .
symour's Celebrated Scissors. sAssD
Shears, Cane Knives, X-Cut SAW
Butcher Knives, Whitewash BrusAs
Paint and varnish Brushes, ksress1s
Gasolins. Benxine and Turpsntt1A
Alse Agents for
PANsY COOKING 6TOvDA
HAvILAND WARE
GATE CITY WATER FILTH1A
VICTOR SAFE 4 LOCK co.
Asrnotor wlndmills. the best VIA
saills ever come to this country: ~
a. sRal
TIE above articles must - ssaa .
LOWEST BEDROCK PRICES. KlsaA
aall and examine for yourssh.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-10
New Zealand Would Annex Islands.

NEW YORK, October IA cable to
the Sun from Wellington, New Zea-
land, says: A motion introduced by
Richard John Seldom, Premier of
New Zealand, urging the desirability of
annexing the Cook and Savage Islands,
has been adopted. The vote for adop-
ton was unanimous in legislative coun-
ell and it was carried by 81 to in the
House of Representatives.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-10
FOR SALE.


THE FOLLOWING PLANTATION
MACHINERY, SUPPLIES AND MA.
TERIAL is offered for sale BY
BREWER & CO.. LTD.
Full particulars and prices can Be
had by calling at their Office on Queen
street.
Golden Gate Rock Crusher, No. l.
complete, with II Fl. p. portable boiler
and engine, elevator and buckets.
Burley Drill, complete, with - 81. p.
boiler, air compressor. etc.
l set Fowler Steam Plows a gang.
and full assortment spare parts
$50 II. P. Stirling Boilers.
sets Green's Fuel Economizers.
Worthington High Duty Steam
Pumping Engines, capacity i've million
gallons per "a hours, against . total
head of 420 feet.
114x15x 10 Duplex Pump, eapaeity
~ million gallons per "a hours.
~ ~ < Pump.
. 6-inch Centrifugal Pumps.
8-inch Centrifugal Pump.
l7x9 Horizontal Slide Valve Engine.
complete.
Is II. P. Upright Tubular Boiler.
III x5x6 Duplex Pump.
1 Donkey Engine.
Also, California Mules, in fine order
Portland Cement.
CCCCA 1sdAlSy ~ pOuAuo 1uu ~
pounds.
Large lot Of secondhand Picks. SHOW
els, Hoes and Tools.
r. r. Tamping Bars.
l Baldwin Locomotive, pairs OF
trivers, foot guage.
15-ton Flat Cars, 3-foot guaga.
IL 3-ton Flat Cars, 3-foot guago
Is Cane Cars, 3-foot guage.
l Howe r. r. Track Scale.
Platform Scale, IS < a.
. Platform Scales, - Z a
Stump Fuller.
Dump Carts.
Spring Wagons
| Balm Wagons.
Road Scrapers.
| Lot Plow Harness.
c. Brewer & Co.,
LIMITED.
Queen Street.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-10
German Jews Organizing.

BERLIN, October 1.-The papers
publish reports that an organized Jew
ish movement is on foot, and it is in
timated that national meeting of The
Jews will be held annually, to combat
anti-Semitism,
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-10

Your physician will be pleased IL he
sees that you have bottle of the fam
Gus old Jesse Moore Whiskey in your
medicine chest.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-10
Vim. H. Marshall
Is Hailed To
Prison.
CONSTITUTION DOES
NOT FOLLOW FLAG
Verdicts By Less Than Twelve
Jurors Held To Be
Legal.

ent positions and to reverse itself.
Strangely enough the decision in the
Marshall case is partially based on the
dissenting opinion in the Edward s
case.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-10
George Edwards
Is Given His
Freedom.
THE CONSTITUTION
FOLLOWS THE FLAG
Verdict By Ten out Of Twelve
Jurors Is Declared
Void.

Two opinions which were handed
down by the Supreme Court yester1ay
reveal a somewhat peculiar state ut az
fairs in that body. The two cases are
the appeal of the case against w. IL.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-09-09
EAST INDIAN BIRDS.
An American Girl Writes of the
Many Varieties she Finds There.

An American Girl Writes of the
Many Varieties she Finds There.
Tura CAssam) Letter TO the Examiner.
II your man who loves birds were here
he would find much 90 interest him. We
have all sorts and sizes OF birds. from a
tiny thing not larger than my thumb on
through the various stages; a slender
black ud-white little body that walks on
the ground a great deal and bobs its tail
all the time: little bigger one resembling
the English sparrow; another in size. col
or. shape. and habits quite like the robin
(this one Is very dear 20 usO parrots. which
ny by In large numbers and squat. jet
black bird. with two tail feathers nearly
a foot long and parting like swallows
tail; a larger brown bird. with very long
straight tail; b'ue jays. which make a
circle OF blue and white as they fly; crows
jackdaws. and ravens-which. like the Gle
plants ana engines. are never tiresome.
Some years ago one great raven used to
stand on my window sill almost daily and
beat his breast against the glass in a sort
OF trance. cawing. cawinE "evermore."
SO our list OF birds goes on-kites.
hawks; one great creature which we call
RenRRok. and which seems 20 be half bill
ana has a bark not unlike dog, and
when the female IL ready 20 sit upon the
eggs the male pulls out her big wing and
tain feathers. vulturcs. which congregate
by hundreds about the dead bodies Of an
finals. lone always eats nrst alone. and
the others wait while the sEucy crows
help up sldewise and grab a bite now
and them and great. hcavy-hodied
long legged. long-necked creature. with
pouch In front into which he puts hig
bones from the skeletons when the vul-
lures have eaten. the meat on.
But ! started out 10 tell you of a bird
which hear just now. II ~ something
Ike the Ohio blackhird. with a whitish
breast. and sings four notes which sound
as II he said: Where Is my older hroth-
err" Not IN EnRlish-the birds here DO
not speak EnRlish--hut In Assamese. The
words. in English letters. are. Muir kakai
kotg''
Just now two ~ these birds sit IN the
top o. bare tree iu a drenchinE rain. the
one singing with all his might. "Aur ka-
KAT kot7'' This r. what made me think
OF writing 20 you When other birds are
sheltered ia the deep woods. this one is
lifting M its voice IN song. even though
the rain goes down his throat while he
sings
We have wild peafowls which are a
great nuisance 90 the rice crop. but are
excellent eating when fat. They are Just
like those IN the United States.