davidaulloa/AmericanStories huggingface dataset:
The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1901-11-01

United States, subject, however, to
vested rights; but no such vested
right shall be valid after three years
from the taking effect of this Act
unless established as hereinafter
provided. y, That any per-
son who claims a private right to
any such fishery shall, within two
years after the taking effect OF this
Act, file bis petition in Circuit
Court of the Territory of Hawaii,
setting forth his claim to such fish
ing right, service of which petition
shall be made upon the Attorney
General. who shall conduct the case
for the Territory, and such case
shall be conducted az an ordinary
action at law. That If such fishing
right be established, the Attorney
General of the Territory of Hawaii
may proceed, in such manner az
may be provided by law for the con-
domination of property for public
use, to condemn such private right
Of fishing to the use OF the citizens
Of the United States upon making
just compensation, which compensa-
ton, when lawfully ascertained,
shall be paid out OF any money in
the treasury of the Territory Of
Hawaii not otherwise appropriated"
These sections abolieh the exclusive
fishing privileges, excepting such as
are matter of vested right.
Section III of Article V of Chapter
vi of the session laws of 1916 pro-
vides that: "Toe fishing grounds
from the reefs, and where there hap
pen to be no reefs, from the distance
of one geographical mile sesward to
the beach at low water mark, shall
in law be considered the private
property Of the Landlords whose
lands, by ancient regulation, belong
to the same; in the possession of
which private fisheries, the said
landlords shall not be molested ex.
cept to the extent of the reserva-
tions and prohibitions hereinafter
set FORTH"
This section has continued in
force for ffty.fve years, unchanged
by legislation other than the Organ
10 Act. Under this section, it seems
to me, vested right to au exclusive
Konohiki fishing privilege must be
founded upon a regulation or user
of land, ancient and established as
long ago as the year l846. 1t seems
to me that all exclusive fishing pri-
vileges in the sea. which we're not
ancient and established in 1916 are
without legal foundation.
The prosecution in the above en-
titled cause assumes valid Kono.
hiki fishing right without proof OF
such title. An admission of such
right would be- precedent which
might cause the Territorial govern
ment hundreds of thousands of dol
lars in condemnation proceedings,
pursuant to Section So of the Or
grnic Act. Such admission, il not
an absolute estoppel, would be- at
least serious obstacle in asserting
the rights of the Territory.
I had no intim alton Of the proee-
cution herein, until the case came
up on appeal to the Supreme Court,
The pro scouting wthess, il h.s
rights have been invaded, can as
sert them by civil! action, and be-
lieve that l cannot sanction the
prosecution 10 the absence Of proof
of vested right, without jsopardiz-
ing interests OF the, Territory, the
magnitude of which it is impossible
to foresee.
!, therefore, move that nolle
prosequi be entered.
Dated this - day OF Oatober, 1901
Il. p, DOLE,
The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1901-11-01
LOCAL AND GENERAL NEWS.

Land Com missioner E. S. Boyd lie
still on Kauai.
The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1901-11-01
AN IMPORTANT TEST CASE.

AN IMPORTANT TEST CASE.
The Opinion of the Attorney General
Filed.
Attorney General Dole filed q
written motion for nolle prosegui
yesterday before the Supreme Court,
satting out in detail the question Of
fishing rights in the Territory Of
Hawaii. His motion was made in
the case of Territory Of Hawaii W.
Kanoi, as follows:
In the Supreme Court of the Terri
tory OF Hawaii. Octobsr Term
1901.
Territory OF Hawaii We. Kauci.
MOTION OF NoLLE PRosEQuI.
The interests which might be
directly or indirectly affected by the
above entitled prosecution are 30
great that / deem it best to state
my reasons in writing, for asking
that a nolle prosequi may be en-
tered, in order that the same may
be a matter of court record.
The charge in said cause, original
ly begun in a District Court, is as
follows: Violating Section 1850 Of
the Penal Laws OF 1897 at KaDeohe,
Island OF Oahu, Territory Of Hawaii,
on the 10Th day of April, 1901, by
wilfully depriving the Konohiki of
the Ahupuaa of Kaneohe of his
fishing rights and by then and there
wilfully appropriatiug to themselves
taboosd fish, to wit, Amaama, OF
said Konohiki from the sea fishery
of said Ahupuaa."
To this charge the following de.
murrer was fled:
IL. That there is no law provided
for such on offsnse as the offense
stated in the charge, to wit: 'by will.
fully depriving the Konohiki of Ka.
neohe OF his fishing rights and will
fully missppropriating the tabooed
fish to themselves, to wit, the Anna
ANA
~. II is not stated in the charge
the Konohiki fishery wherein the
olfense to have been committed by
the de PENDANTS.
SO Your court has no jurisdiction
to hear case of this nature.
IL All the laws relating to fish
ing rights of Konohihi we've re-
pealsd by the Organic Act of the
Territory of Hawaii, Section 95."
The motion to dismiss was denied
by the District magistrate.
The act of taking the fab was
admitted by the defendant. The
record of the District Court shows
that he pleaded guilty, but, taken
in con uection with the demurrer and
the record OF the understanding be-
tween the attorneys on both sides,
the conclusion is unavoidable that
he did not admit that he had violat-
cd law.
Upon this admission, the District
magistrate sentenced the defendant
to pay a fine OF one dollar and costs
Sections 95 aud SO OF the Organic
Act are as follows:
"That all laws of the Republic OF
Hawaii which confer exclusive fish
ing rights upon any person or per
sons are hereby repealed, and al
fisheries 10 the sea waters Of the
Territory OF Hawaii pot included il
any fish pond or artificial Enclosure
shall ha free to all citiZens OF thu
The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1901-11-01
NOTICE.

Notice is hereby given that Mr.. E.
b, Friel is no longer in the employ
of this company, and is not author
lied to collect or receipt for monies
due this company.
UNION FEED 60, LTD,
By It. W. MACFARLANE.
Manager.
Honolulu, October is, 1901.
39-4t
The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1901-11-01
NOTICE OF REMOVAL.

Robertson & Wilder have moved
their law offices to tn > Stsngenwsld
building, Merchant street, rooms
50206, 207, seconi DO l0-lw
Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-11-14
That Famous Apple Tree.


Grant does not say that the surrender
took place under that tree, although Lee
may have decided in his own mind to sur
render before Babcock reached him. Gen
Sheridan said. in reply to Grant: There
is an army down in that valley, and he
Qee) is over in that house (McLean's)
waiting to surrender to you" Gen. Fitz-
hugh Lee says in his Life of Lee" "Gen.
Lee, Col. Marshall of his staff, Gen. Bah
cock of Gen. Grants and a mounted order
ly rode to the village and found Wilmer
Mclean, resident who. on being told that
Gen. Lee wanted the use of a room in some
house, conducted the party to his dwell
ing" and there the surrender took place,
which is about quarter of mile from
the apple tree site. Horace Greeley says
in The American Conflict" 'tThe two
commanders met Immediately at the dwell
ing of w. Mclean" In fact, Grant did
not go through the rebel lines to meet Lee,
and had he gone around the forces ne
would have Travelled about ten miles ano
lost much valuable time. All agree that
the tree was literally torn up by the roots
and every particle carried away, but under
the impression that Lee surrendered under
its branches.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-11-14

frequent in that region. The theory of the
nsh experts of today is that. "barring
enemies and artificial hindrances to increase
such as everlasting. fish will multiply ND TO
the limit of the food supply, but can never
overstep. that limit. If the food supply
car pc increased an increase in the num-
per OF fish will naturally follow" AL
though the higher plants are not known to
enter TO any large extent into the diet of
mature food fishes, yet their Importance in
the economy of aquatic life is thought to
be great because of the myriads of minute
animal and plant forms that find shelter
and subsistence in them. The study of the
aquatic plants of Lake Erie was designed.
therefore. to develop the possibility Of in
creasing the food supply Of the fish of that
water The investigator A. J. Pieters, as
sistant botanist of the Department of Agri-
culture, In this instance merely presents
the names of the plants located and some
OF their general characteristics, and does
not draw conclusions as to their possible
s ees IN the development Of the Lake Erie
fish industry.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-11-14
Demon Repentant,

From syriac MS. in Notes and Queries
demon once presented himself in the
shape OF a human being to the custodian OF
an eastern monastery, requesting to be ad-
mitted as an inmate of that holy institu-
ton. The custodian took a fancy to the
stranger, and prevailed upon the abbot to
grant the request. During his stay at the
monastery the demon performed all kinds
of wonderful things. thus causing the
monks to question whether their new asso-
ciate was at all human. They at last made
bold to address him thus: IF thou art an
angel, we are not fit to live under the same
roof with thee; but If thou art an evil
spirit, 1t is not safe for us to harbor thee
any longer" The demon then told them his
true story, and in doing SO convinced them
of the reality of his repentance and of his
desire to be received among the saved.
Upon his request all the monks spent three
days in continuous intercession for the SAL
walton of their visitant. At the end of the
three days q glorious light appeared before
the supplicants. A company of angels
singing praises to God were seen amid the
spreading glory. and the whfiom demon was
received amid the rejoicing OF the heavenly
host. In whose company he took his flight
to heaven.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-11-14
The Presidents Opinions.

When man is President of the United
States ne acquires some very curious and
interesting powers, owing to the uuickness
with which his views even on minor topics
are carried to and considered by his mill
ions OF fellow-countrymen, to say nothing
Of the millions more who live in other
lands. For instance, 1t has just been re-
vealed that President Roosevelt, though
In urgent need of some carriage horses
will not think Of purchasing any with
banged tails A few good people have talk
ed for more than a few years about the
folly and wickedness Of docking horses
but, though they have succeeded in getting
a few laws passed penalizing the practice.
the practical effects Of their efforts have
been small, and they have never aroused
much public interest In the matter Now
almost certainly, tail cutting will receive
the general discussion which is the one
thing necessary for putting an end to 1t
Whether the operation is particularly cruel
or not, beyond question 1t Is in execrable
taste. and 1t outrages the dignity of an
animal not wholly undeserving the epithet
of noble" Presumably President Roose-
welt has always detested the locked horse
as ugly. but in the past his opinion count
ed for little. It will count for a lot now.
This teaches, among other things. that Ii
Is judicious for President to mind what
he is about: and be right in AZ many ways
as he can.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-11-14
The Permanent CeIfsus Office.

IL INC Loitor VI Aue Evening star:
Your article In Tuesdays Star in refer
ence to the transfer of the census clerks to
the classified service created quite breeze
among the several hundred clerks in the CEN
sus bureau and no little feeling was ex-
pressed toward the members of the civil
service commission, neither of whom passed
an examination prior TO the time he as
sumed his duties. for their opposition to the
passage Of law as outlined few days ago
by Representative Hopkins of Illinois:
Every clerk In this bureau had to pass a
rigid examination, and with the eighteen
months experience they have had In doing
clerical work 1t surely makes them as COM
petent for this kind of service as the clerk
who was compelled to try to answer such
technical questions as, what shape Is
darkness" as propounded by the civil serv-
ice commission.
In case the civil service cloak Is not
thrown over these s'illiterAte' census clerks,
what Is to become OF the Recommendation
OF the late lamented President Mckinley,
who in his last message to Congress urged
that this bureau be made permanent? IL
this Congress accedes to the wishes OF MI.
Mckinley In this matter In what manner
are the permanent clerks to be selected?
II q few clerks are to be favored under the
permanent plan. Why's should the rest be
turned out to root hog or die when they
Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-11-14
Making Lemon Oil.
From the Baltimore Sun.

From the Baltllnore sun
OH of lemon possesses stimulant and car
minative properties, but it is chiefly used
as favoring agent. 1t is obtained from
the fresh peel of the lemon. being con-
tanned in numerous large oil glands. In
Sicily and Calabria the oil is collected by
the sponge process, the peel being cut off
the lemon in strips, which is then pressed
against a sponge in such way that the
oil glands are broken, and the oil forcibly
elected; as the sponge becomes saturated
it Is squeezed to remove the oil which has
accumulated. IN Italy and France the oil
is collected by the saucer process, the
fruit being rotated rapidly In a timed cop
per saucer, which is covered inside with
short spikes; the oil glands are broken by
the spikes and the oil flows through hole
in the bottom of the saucer into collect
ing tube beneath. Machine processes are
employed in some districts for extracting
the oil, and simple distillation or express
sion in bags in ordinary presses is also
resorted to on occasion. Remaining traces
Of oil in the exhausted peel are extracted
by placing the peel In hot water and skim
ming off the Oil as 1t rises to the surface,
or the peel may be subjected to distilla-
ton; in either case the Oil is of inferior
quality. its value being impaired by the
application Of heat.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-11-14
SUGGESTED IMPROVEMENT.
Citizen Wants Part of a Square Re.
served. and Made Attractive.

Citizen Wants Part of a Square Re-
served and Made Attractive.
The District Commissioners have received
letter from A. F. Huntington Of GA North
Carolina avenue southeast relative to the
Improvement of the eastern portion Of
square s72, between North Carolina avenue
and C street and 9th and 18th streets south
east. being the open ground back of engine
house No. 8. This land, the writer declares.
should be made over into an attractive res
ervation. Writing on the subject he says:
For some time past my neighbors and
myself have been endeavoring to have the
unsightly appearance Of this ground i'm
proved, and it does seem only justice that
a little money should be spent in making
this District property something more than
an eyesore. The plan which suggested to
Capt. Beach, when he was Engineer Com
missioner, that of using the chain gang for
the greater part of the work, appears a
feasible one and would eliminate much of
the cost for the District
81 have the honor to request that as the
matter now comes before you for final de-
cision that you give it your approval for
the Improvement will greatly add to the
appearance of one of the prettiest avenues
on Capitol Hill. The District is just now
finishing building on this reservation, and
in short while will be cleaning up the
ground adjacent thereto, SO suggest that
the cleaning shall extend to the proper i'm
| provement of the whole plat of ground in
| question"
1t has been ascertained that the improve
ment would cost 5000 70. - Capt Newcomer,
! in charge of the surface division, has for
warded the papers ito Stha Commissioners
with the recommends ton that the work be
not undertaken at the present. time on the
ground that it is not practicable to do SO
with the funds at the Disposal of the park
ing commission. Capt NEWCOMER takes the
view that it would not be possible to charge
the cost of the improvement to the appro-
a priation for the grading1of streets and
Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-11-14

and that for some years fresh eggs in equal
numbers shall be distracted from the nests.
The birds, which are great favorites with
the cabmen and porters. are fed as regu-
larly as the horses. clouds of pigeons de-
scending at the first throw of corn. Hun
dreds of birds await an eccentric lady who
appears every day in the Town Park in
summer and winter with food for them In
winter she brings warm linseed meal and
other food, and they descend at her call
She Is closely yelled, and her name is I'M
known. The habitues of the park have
dubbed her the Baroness" She wept upon
being told by park keeper that the pigeons
were to be caught and killed, and great
dissatisfaction is also expressed by the cab
men.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-11-14

Results of investigation Shown in
Late Publications.

A series of five pamphlets has been is
sued recently by the United States fish
commission covering the following subjects:
Dredging and Other Records of the United
States Fish Commission Steamer Alba
tross. The Nemerteans of Porto Rico.
"A Description of New Oceanic Fish
Found off Southern New England" In
vestigations into the History of the Young
Squeteague" and THE Plants of Western
Lake Erie. with Observations on Their Dis
tribution.' Most of these subjects are OF
interest only to the student of ichthyology
Of course. but some of the features touched
upon III the pamphlets are capable of pop
ular comprehension and would doubtless
excite the curiosity of any one who glanced
through the books.
The pamphlet on the work of the Alba
tross is hlled with Illustrations of the
steamer at work in water over ten fathoms
deep, with surface and dip nets in use and
with its port boom rugged for surface tow
ing. During the work of the Aibatross,
which was primarily the investigation OF
the fisheries and fishing grounds, dredging
was carried on more or less regularly as
opportunity afforded, but 1t has been by no
means continuous from year to year. But
the record of this dredging and TRAVELLING
service of the steamer since 1888 present ed
in tabular form fills over hundred large
pages of the book. Several maps are print
ed with the soundings of the steamer indi-
Gated in red figures, and they take the
reader from the inner coast of Japan. past
Kamchatka, the Aleutian Islands, the west
coast OF America, around Cape Horn and
northward to Newfoundland. The fish COM
mission also presents a list of 233 publica-
lions relating to the work of the Albatross
Concerning the Nemerteans of Porto
Rico an interesting note Is made of the dis
covery of three species apparently new to
science.
The new oceanic fish found off the coast
or New England looks. from the picture
reproduced, rather like the ordinary sun
fish OF inland waters. 1t was discovered
by Carl II. Eigenmann, professor of 20
ology Of the University Of Indiana, and
has been named by him after Vinal N.
Edwards. for thirty years collector for
the commission.
In the pamphlet on the plants OF western
Lake Erie are included a number of very
beautiful half-tone Illustrations indicat-
ing the vegetation of the rock shores, sand
beaches and ordinary moss-covered shores
Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-11-14

are entitled to as much consideration and
are fully as competent as those who are Sc
Iected to remain permanently? 1 believe
that as our intelligence has been tested
and that We have had the practical expert
ence it Is no more than just and right
that the whole force should be made eligible
for the classified service.
Let the clerks call meeting and formu-
late some plan of action to aid in passing
the Hopkins bill. The time is now ripe for
action and if anything is done to further
our interests it should be done at once.
A CENSUS CLERK.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-11-14
Ordered by Commissioners.

The District Commissioners have ordered:
That Mr.. D.. E. McComb, superintendent of
sewers, is directed to proceed from Wash
ington, d. c., to Philadelphia. Pa, and re-
turn, on duty connected VITA the inspection
of certain steel work for the sewage pump
ing station.
That 322 feet of six-inch water main be
laid in the south side of A street south
east between 7th and Sth streets, at an es-
timated cost of $3.50.
That Il gravel roadway sixteen feet wide
be laid along c street southeast between
18th and 18th streets, at an estimated cost
of s1G4, chargeable to the current appro-
priation for grading streets, alleys and
roads" - 80 ~
Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-11-14
AFT AIRS IN ALEXANDRIA
HARRISON wAeSEh CHARGED WITH
coNrEMfT OF couRr
Hearing Before Judge NIGEL at County
Court House General
and Personal.
Evening Star Bureau,
No. Sei King Street.
Bell Teiephone. M 1oS


Bell Telephone, No. 10s.
ALEXANDRIA. Val November IA, 1901
The case of the COMMONWEALTH against
Harrison Wagner, charged with contempt
of court, was called before Judge Charles
E. Nicol of the circuit court for Alexandria
county on Fort Myer Heights at IL O'Clock
this morning The defendant was repre-
scented by Attorneys Louis Machen and R.
C. L. Moncure, and Assistant Common
wealth's Attorney Clements was associated
with the law firm of Cation & Son of this
city in the prosecution The hearing had
not been concluded when this report closed.
Wagner, 1t is alleged, fled from the jul
risdiction of the court Monday afternoon,
when he became aware that an attachment
had been issued against him. He went to
Washington, crossing the Aqueduct bridge,
to which point he was pursued by Deputy
Sheriff Palmer. The following morning the
deputy sheriff laid in wait at the Virginia
end of the bridge and took Wagner into
custody when he crossed over. He was
conveyed to the county court house and
committed to jail.
New Round House Proposed.
It is stated that the Southern railroad
will soon commence the construction of a
large round house at the site of the old
building which was recently torn down
The new structure will be much finer than
the old one. OF late the smoke from the
unprotected locomotives at the shops has
caused much annoyance to citizens resid-
ing in the neighborhood, and council has
been petitioned to have the matter cor
rected. DEMONSTRATION Of the round house
will settle the difficulty.
General Matters.
Members of the Alexandria Light Infan-
try are contemplating having several i'm
provements at Armory Hall. A few days
ago the company received sixty new rifles
from Richmond, and tbs the desire OF the
members to construct suitable racks for
these new pieces.
A little child Of Mr.. Ernest Croson, re-
siding on Duke street, while playing with
her little sister yesterday afternoon, acct
dentally cut her the bridge of the nose
with a knife. The outcries of the injured
child attracted the attention of Letter Car
rier P. F. Downey, who was passing, and
who went in and bound up the wound so as
to stop the flow of blood. Later medical
attention was rendered. The wound was
painful, but not serious.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-11-14

The new lord mayor Of London. Sir In.
eeph c Dtmsdale. was installed at the Guild
EaiI Friday afternoon with the usual quaint
1ofmallties and ceremonies.