davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-05

HAWAII
MARCH TERM 1901.
B. [. MARX, ADMINISTRATOR OF THE ESTATE OF
J. W. WINTER Deceased, q. PHOEBE A. PAR
MELEE
B. L MARX, ADMINISTRATOR OF THE ESTATE OF
J. W. WINTER Deceased, .. BISHOP & COMPANY.
ORIGINAL SUBMISSIONS
SuBnurKD MARCH %, 1901. DECIDED JUNE 81 1901
FREAR, CD, GA1BRATH PERRY, JJ.
pledge the of and interest also gave to
authorizing the sale of stock default was made
maturity No certificate demanded
the
administrator
claims from the Pledge
paying pledged
delivery certificate stock
the and
COSTS
accounting to the excess, any,
Hd also that Section 2o Civ L. 1897 relating to the transfer OF
corporations prescribing valid
stock parties either the
certificate issued the transee
that stock books of the
poraton particularly benefit corporations
creditors stockholder from
selling
plying with o statute against
pledgor's administrator.
OPINION GALBRAITa.
Perry, J. dissentdhg)
NE in tho
ton involved being the each case they argued and
submitted together.
In the first the pertinent facts disclosed by the sub
mission follows wit That Marx the plaintiff the
duly appointed administrator of j. W. Winter deceaed that
Winter during his lifetime executed and delivered HOLSTER
and Company partnership his promssory for $4,000
and deposited with the payee of said pledge and as
collateral security for the payment of the thereof
interest Certificate No 49, for thirty shares of the capital
stock of the Hoster Drug Company Limited corporation;
that said stock owned by Winter and the certificate was
his and endorsed in blank before delivery the
pledgee that attached said signed by said Winter
written agreement that this writing recit
ing that said certificate of stock held by HOLSTER &
Company for the purpose securing the payment of said
note and interest provided that if the said interest
paid maturity, T hereby evocaby authorize and
said HOLSTER & Company their assigns to sell
and dispose of the above described property any part thereof
at public private ae with without previous notice to
me OF such sae and from the proceeds arising
the principal interest charges and costs of SALE and
the balance if any, pay my representatives
upon demand And also provided that if the principal and
interest OF the note should be paid that the certificate should be
returned to Winter HOLSTER & Co. assigned the note to
the defendant Parmee the same with the power
to her and that she the holder of the note
that certificate was any entry or record
of the pledge Ho;s
ter Drug Company Lmted that the not been paid
and that there is due thereon the $24O6 that her
claim for said amount against the said J. w Winter
has been presented the administrator and allowed that the
estate of said Winter nsolvent that the administrator
now claims the possession of said certificate of stock and the
right to sell the for the benefit of all of the creditors of
said estate.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-05
DISSENTING OPINION OF PERRY. ].

respectfully dissent
The language of our statute (Secon 2o16, Civil Laws Is
clear and unambguous No such transfer shall be valid %
cept between the parties thereto until such certificate sa
have been obtained the transfer shall have been recorded
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-12

4 OOK at that; that's what they ate,
and then they say it was only
so cents WORTH" said George Ly-
curgus, when he heard what the Gus
man jury had said about the fare they
had at the Grill. when taken there by
the bailir for their meals. "and some
of them had two plates of cakes, too.
and bread. and everything they want
ed. All but poi and fish. The trouble
with them was they wanted steaks for
dinner
They came in and the bailiff said
they wanted dinner. We fixed a round
table, and they sat down and began
on their meals. They had soup. Then
they had fish. They ate olives and
pickles, and plenty of them, too. Then
they had an entree and all seemed to
enjoy it. But when that was done
with they insisted on steaks. The
waiter told them to order from the
bill of fare, They said they wanted
steaks. Then I was called and / told
them that If they wanted steaks
would have to charge them extra.
Ballif Ellis said they would not take
the roast, but wanted the steaks in
stead. Ben Jones wanted poi, but was
willing to eat a steak. I told them
would not give it to them unless they
were willing to pay for it. Look at
that bill OF fare. There is enough for
any man. Ard then they took turkey
and spring lamb and everything down
TO coffee.
They came back for breakfast, too.
They had mush and cream and steak
with onions. They asked for two soft
boiled eggs and hot cakes. Some OF
them had two plates of cakes, and ate
them, too. Then they say they only
got so cents worth. The breakfast was
la carte and / made up the bill, and
it came to $14.90, but 1 lost the 80
cents and made out the check for only
$I4. There were twelve jurors and
BailIffs@ Ellis and Quinn. You can't tell
what those fellows wanted unless il is
poi and fish,
All the pilikia came about over the
protest of the jurors in the Gusman
case. They said they had been to Ly-
cUrgus' eating house, and that they
had eaten only a half dollars worth
and then the Territory was charged 81
for each meal. The court ordered the
bill returned 10 Lycurgus and then
asked the jury;
Would you rather go somewhere
else for lunch, gentlemen?" There was
a general chorus of yes from the
line.
IAN right" said the Judge. 'Mr
Bailiff, take the jurors to Notes for
lunch today"
The courts order was carried out and
the jurors went to Notes, but they
were doomed to disappointment If
they wanted poi, for they had to lunch
on mutton curry and roast mutton.
They did not have any chance to get
back to the Grill for dinner. but went
q gain to Notes and dined on steak
and eggs. They ate all that they could
iud and were satisfied, and the Terri
tory was the gamer, for the acreage
check was less than 80 cents.
But the question in the mind OF Ly-
,urgus was left unanswered, iDr all
lay he was going about asking. What
aid they want, anyhow, steaks All the
time instead Of dinner, or only pol?
After the verdict, bench and bar
went ont TO see just what ought To be
7one about the bill. and tested the rare
which was not good enough Tor the
urors
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-12
CONSUL CANAVARRO HONORED
BY ADVANCE TO FIRST RANK

- ONSUL a. DE SOUZA CANA
~ varro, representative here of the
Kingdom of Portugal, has been
horored by his government. and is now
one of the first rank officers of the
foreign Office. This promotion came to
the wei known consul recently, when
through a vacancy caused by the
death of one of the seven first rank
officials. the minister of foreign affairs
advanced him TO the place. The action
of the government in thus showing ap-
probation OF the work here Of the
consul, has met with the most hearty
approval on the part of the members
CT the local colony. and the greeting
which is given to the consul upon his
return Will be all the more hearty.
The news of his advancement was
conveyed to his friends here in a letter
written by Senior Canavarro to Mr..
W. NJ. Giffard, OF W. G. Irwin & Co.,
and has been the subject of much fa-
vorable comment by all those to whom
the information has been communicat-
ed. In his letter Senior Canavarro
says he has been spending the fall
fuOIlHS III NASiLlnb Ills AIGtIuS III Ile
districts outside the city, and his re-
turn TO Lisbon was made about the
first of November. He was in excel
lent health. as he had been improving
ever since he landed upon his home
soil. He was then preparing for his re-
turn to his post, and expected to leave
for this city about the first Of the
year, as he planned to spend the holi-
days with relatives in Lisbon.
SSSSSSSS> SS>SSSSS
changed from the Synod of the Hawa-
iian Reformed Catholic Church" into
THE Trustees of the Anglican Church
In Hawaii and provision made for the
authority of a synod. In 1850 you called
together a conference of the clergy and
laIty, which resolved itself into the pres
eut synod of the Anglican Church in
your Lordship was guided by the resolu-
tIons OF the Lambeth Conference of
1861, which laid down that wherever
the church IS not established by law, It
IS essential to order and good govern
ment that the diocese should be organ
lied by a synod" This synod has, since
its inception, assembled bienn!ally. and
VIII now, through the steps itself IL TAX
ing. pass into the conyocatiOn or con-
ventIon of the missionary district of the
Protestant Episcopal Church IN the Ha-
waiian Islands. That the American
church finds on its arrival church full
IL organized on synodical principles Is.
we recognize. due to your Lordship's in
ltiative.
Next. It IS perhaps natural that we
should turn our thoughts to the cathedral
In which we assembled on Monday morn
Inc for the opening of this synod. with a
celebration of the holy communion. Beau
.ifuI In design and eXecution-though we
lament to say only partly built-it fire.
1uently stirs the surprise and admiration
1f visitors. When we compare II with
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-12
SHOW WINDOW BROKEN AND
WATCHES TAKEN AT MIDNIGHT

Ing a distinct imprint. After use, the
bar Of iron was thrown away, and was
found later lying near the telephone
pole at the corner of the street.
In the end of the window which was
broken, that facing upon the entrance
to the store, there We're displayed a
number of works of watches in special
glass cases. and several cases without
works. There were fifteen sets Of
works left in the window. and half a
dozen cases. Some of the sets of works
were Immediately in front OF the break
and did not seem to have been dis
turbed in their places. Eighteen gold
watch cases lying further from the
break were stolen.
Tie watchman had passed the store
between 10 and IL o'clock, and at that
time Mr.. L. e. Pinkhan, OF the Pacific
Hardware Company, was at work at
his desk in the Office behind Krugers g
store. When the next watchman came
around. between 1870 and u o'clock,
the glass was lying about the door,
and he at once sent for Kruger and
the police. There was a search maGs
for any other attempt to break through
but nothing was found. 1t is believed
the job was done by sailor, who win
not try to sell his plunder here.
80 10000 10000 10000
ship made to this synod relative to your
generous offer Of the property to the
Church Of America, before it was offered
for public sale, supported by the motion
Of the synod, may lead to the continue
tion Of the school under the new regime.
Nor would we omit your efforts in the
direction OF the Victoria Hospital for In
curables, in which we VIII couple. IL we
may be permitted 10 do 50, the name OF
Mrs. Willis. We do not for a moment
under-rate the work Of others devoted
to the establishing of this long needed in
stitUtiOu. But the important work done
by Mrs. Willis, who nursed the sick with
her own hands. cannot be passed by in
silence. For had not the camp, establish
ed originally to meet the requirements OF
the temporary visitation OF plague. been
maintained and guided into the present
shape By the efforts of Mrs Wills and
others, we b lieye the Victo Il Hospital
would not have hem in existence today.
The work of the church In these ISL
ands has been necessa 1,y circumscribed
On account Of It's geosrap cal isolation.
We have been far removed from the
mother Church, OF England, and unit
= political annexation Of the Island
to5k place. we h d no connection wit.
p Uerica- 1t u9y rot be known 70 all
that to rid the di7cese Of the evils key
TO arise from such Isolation your Lord
ship entered into negotiations with the
Church IN New Zealand for our inclusion
IN the Provincial System of that country.
These negotiations fail d ! accomplish
ing their purpose, not through any fault |
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-12

| The return of the consul is looked for
about the last of January, and there
Will be given to. him a most cordial
welcome by the members of the colony
| of Portuguese, and by his many other
friends in the city as we'll. The pro-
motion which has come to the consul
viii make this a consulate of the very
first rank. and Will bring to the incum-
! bent increased stipend and many ad-
vantages which the office did not for
merly possess
Scoooococco4occ
the wooden structure IN which the ses-
sions of this synod are being held. and
which until 1856 served as the pro-cathe-
dral OF the diocese, we cannot be too
thankful for the progress thus marked.
1t viii be forever closely associated
with the Hawaiian people. in memory of
whose sovereign, Kamehameha ". It is
erected. Nor can we mention that name
without recalling also the memory of her
whose life will be forever associated with
the Anglican Church in Hawaii no less
than with the national history of her
people-we mean Queen Emma, who. be
side many otner services that endeared
her TO the church endowed this cathe-
dral with gifts both OF land and money.
The foundation stone was lad by Kane
hameha 10 1867. during the episcopate
Of Bishop Staley. But to your Lordship's
episcopate belongs the erection of the
superstructure. Your anxiet.es IN this
behalf Will never. perhaps. be fully
known. i was no inc0nsiderable sum of
money which you yourself raised while
travelling abroad to further the project.
That there may be fresh effort in future
for its completion Is our hope, so that il
may become a fitting temple worthy TO
serve as the mother church of the do
cese.
1t is the privilege of the cathedral
church TO take under its wing all the
people of the diocese to which it belongs,
whatever their nationality or race. In
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-12
MEMBERS OF. THE ANGLICAN SYNOD.

E< HIEVES broke through the plate
glass in the store of Frank ].
= Kruger, corner of Fort and Mer-
chant streets last midnight, and it is
thought got away with some OF the
watch works and cases which were in
the show window. Just what was
taken is not known. as Kruger would
not come down town. as he said that
he could not be of service.
The job evidently was done while the
wind was bowling down Fort street
racket that there would be no atten-
ton paid to the crash Of the glass. The
instrument used IN breaking through
the glass was a bar of iron about six
teen inches long, at one end there be-
ing what seems to be the broken jaw
of a wrench. The break is fresh, and
as there are several new scratches
along the bar the chances are that the
iron was used in some other attempt
to break through into a store in the
vicinity.
The jawed end of the bar was thrust
through the glass with such force that
it not only threw pieces of the pane a
yard away within the window, but
forced the sharp corners into the wood
of the floor of the show window. leav-
these Islands perhaps more truly than
In other places the house of God IS
house of prayer for all nations" We
II joice that it should be SO. But We feel
~ in, fb.. ha 1hlT n
VIII have an ever present reminder that
as Kings have been her nursing father
and their queens her nursing mothers"
a heavy responsibility rests upon her to
nour.sh and serve those Of the Hawaiian
people that remain. May this duty ever
be kept in mind.
Not less, perhaps far more important
IS the work your Lordship has accom-
p'ished IN the matter of education. It IS
well knowa how difficult it IS TO maintain
GanomInatiCnal schools where there is n
complete system of education provided by
the government free Of all charge. 1t IS
not surprising that some of tie schools
established by your Lo' dship in earlier
days were unable to maintail themselves
II the face of the ever increasing
strength and perfectionof the public sys-
TEN. We rather look with sense of ad-
miration at the fact that your Lord hip
has been able to maintain under you,
personal supervision, Iolani College, from
which SO many have gone out into al
walks in life IN the service of the gov
arnr-ert. in commercial hOus 3, on the
ranches of our Island district. we en-
coun er men who have been educated at
To-a7f College. It has proved itself TO
be one Of the important educational in
s:itutions of the city.
The work fthe college is generally
acknowledged. And 0hough the expense
involved will be somewhat heavy. yet
We trust that the statement your Lord !
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-12
JURORS
SAY THEY
STARVED
Plenty of Steaks
But See No
Poi.
START A DINNER
BUT WANT TO STOP
Hot Cakes Played a Part in
Their Morning Neal and
Many Eggs.

DINNER
Fish ChowGer Consomme Spaghetti
Olives Pickles
Fried Mullet a In Tartar.
Chicken Ci3.ets, Bordelaise
BIoIed kidney en- Toast
Prime Eeef Spring Lamb
Stuffed Turkey. Cranberry Sauce
Baked Sweet Potatoes French Peas
Potatoes in Cream
Lettuce and Tomatoes
French Pan Cakes
Fruits Walnuts Almonds Ra.sins
American and Swiss Cheese
French Coffee Green or Black Tea
Iced Tea
BREAKFAST.
Mush and Cream
Slrloin Steak with Onions
Two Soft Boiled Eggs.
Toast, Bread and Butter
Hot Cakes and Maple Syrup
Coffee.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-12

CONTINUED on Page 81
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-22
McKlnley's Western Trip,
lBx the Associated Press

Washington. March 2t.-The President S
proposed Western trip is attracting much
attention ia the States through which he
is to pass and invitations from various
cities and towns are daily arriving at the
White House. Today Representative
Meyer, of Louisiana, presented to the
President the formal invitation of the
government of his State and the mayor
and citizens of New Orleans to STOP at
New Orleans. The President agreed to
remain there a day AS it is the present
intention to leave here April so, May End
probably will be spent in New Orleans.
Representative Burleson, of Texas, saw
the President and invited him to visit
Austin on his way through Texas. The
President will probably do SO. The party
will stop at Galveston and Houston, and
the present expectation is that meeting
with President Diaz Of Mexico. will be
arranged at Ell Paso.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-22

Judge Rutfin following the law against
his own humane inclinations. He then
told what he thoughth Judge RuEffn
would do If he could return today-and
told it with fine e,fect-if he should
have the same case 10 decide now that
slavery has been abolished. Would he
say that 4 master coul' whip a slave?
He would say, against my desire and in
cllnations, | then had so to decide.
Things have now changed, and the court
must hold in accordance with the
changed laws.
Ihen Maj. Guthrie, in mastery way,
drew analogy between that decision and
the decision in Hoke VS.. Henderson.
The law laid down in that case, under
the old Constitution, has become obso-
lete under the changed conditions that
followed the adoption of the Constitu-
ton of 1868, re-adopted in 1875. The
time was when property in a slave and
in an office might exist and might be
recognized in law But in 1865 slavery
was abolished and property in slaves
cannot exist, and all laws supporting
have fallen. In 1868 ard in 1875 the peo-
pie amended the Constitution and
made all offices except constitutional
officers subject to the control of the
Legislature. The people reserved the
power to make, alter or abolish offices
at the will of the people The Legis-
lature, representing inc people, made
right to change the Constitution
they have a righth. to put the public
good alone the property an office holder
has in an office. And yet the Supreme
court attempts to make Supreme
court decision, rendered in 1888, above
the Constitution ana the law of the
State today. If Judge Ruffin were on
the bench, with the altered Constitu-
tion he would no more uphold Hoke VS.
Henderson than he would seek to con-
tinue the law that man can have
property in slaves or that he can whip
his slaves Each alike would lag super
ious on the stage alter the law the
Constitution, and the conditions had
rendered them obsolete.
This illustration of the fact that Hoke
VS.. Henderson is relic of another day
and another Constitution. with the pic
ture of Ruffin, was a fine climax to an
exceedingly able speech.
Maj. Guthrie will continue the argu-
ment this morning at / o'clock. He
will speak about thirty minutes and
will be followed by Hon. Chas. NJ.
Cooke, of Franklin, 4for the defense.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-22
ORGANIZING ARTILLERY.
An Order Issued to Form Twelve Companies
For the Cc:s
(By The Associated Press. J

(By the Associated Press.)
Washington, March t21.-Under the Army
Reorganization Law, which provides for
an increase CT 20 per cent in the artillery
arm of the service, an order has been is
sued organizing twelve companies of
coast artillery in addition to those now
in service OF these companies the
Nintieth will be located at Fort MeHenry
Nd, under Captain Wilmot E. Ellis and
the Ninety-first at Jackson Barracks, La
under Captain John T. Martin.
The sections of the United States where
artillery has heretofore been located, and
where it will be in the future arc divided
into districts. colonel of artillery will
command each district, which will in
clude several forts and military posts. A
colonel win have the same authority in
his district that he formerly exercised
over regiment of artillery.
The Quartermaster's Department has
been preparing plans and will soon ad
vertise for the construction of additional
quarters to be occupied by these new ar
tilIery companies. At Sullivan's Island
Charleston, s. c.. Quarters for two COM
ranies each will be constructed TroCps
are new stationed at Sullivan's Island in
rented quarters. The buildings TO be
erected Will consist of barracks, office
quarters, hospital, administration build
ing, non commission staff quarters,
guard house, store house, bakery, shops
and minor buildings,d
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-22

AGENTS WANTED-LIBERAL CON-
tracts made with local agents, also
those desiring to travel in this State or
South Carolina and Maryland. The OPP
lions and privileges in policies of this
company insure ready sales. Reference
must accompany applications for
agencies All information regarding
agencies must be addressed to IL,
care News and Observer.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-22

FINE WATER POWER FOR sALE-oN
Emo River, Orange county, N c.. two
miles from Hillshoro; suitable for small
cotton mill; has rock dam; IL feet
head of water; is acres land. Address,
Miss Maria Berry, Clinton, S. G.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-22

UPRIGHT CHARAC
ter to manage business of old establish
ed house; salary $500 per week and
expenses payable each week direct from
headquarters; expense money advanc-
ed position permanent; reference,
Standard House, ga Caxton Building
8 Chicago. 16-4t., e. o. d.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-22
One Cent a Word.

NO ADVERTISEMENT TAKEN FOR
LESS THAN rs CENTS AN INSERTION.
CASH MUST ACCOMPANY ORDER. sPE-
GAL DICOUNTs ON LONG CON
TRACTS.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-22

NOTICE.-MY SON RALPH, AGED IS,
+ and feet high, left his home last
Sunday without my consent: he wore
brown hat and has long light hair. Any
information as to his whereabouts; VII
be thankfully received. j III. Council,
Raleigh, n. G.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-22

HUsTLING YOUNG MAN CAN MAKE
$50 per month and expenses; permaner.
position: experience unnecessary. Write
quick for particulars. Clark & Co., 4th
and Locust street, Philadelphia, Pa.
9-2-6m
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-22

TYPEWRITERS-DUR MARCH WE
will sell our entire stock of all makes
of typewriters at greatly reduced prices
Too many on hand. Standard machines
from SIS up. Send for catalogue and
prices f. S. Webster Co., 700 Chestnut
St, Philadelphia, Pa.