davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-07

in this city for the first time, the lat
TER p1rt IF this month.
VIM. y. Brady'S latest success, "IoV-
or'S Lane" by clyde Fitch, was recent
~ produced at III" Manhattan theatre
IN New York city. and made an enor-
m"u" hit. Lovers Lane" Will be seen
IN Augusta, next season.
sherlock Holmes" will be presented
~ the Opera house, on Friday evening.
March 29th. under tn" management of
Mr.. charles Frohmau. whose name
stands for honesty of purpose in stag
ing and for the best that can be secur-
"a in the way Of companies. A tour
of the principal cities only is being
made hy the company playing here, as
the pi"c" is too expensive for the
smaller towns.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-07
Dark.
RichHair

There's pleasure in ofYer;no
such a preparation as Ayers
Hair Vigor. 1t gives to all
who use it such satisfaction
The hair becomes thicker,
longer, softer, and more glossy.
And it's such pleasure not
to have any dandruff, on the
clothing. 1t gives one such
a sense of security to use a
preparation that others have
used for half century. You
know you are not being de-
ceived.
One dollar bottle,
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-07

With the advent of spring and rar-
tcularly after the grip. comes a Ian
euor ana weakness, that tired feeling,
with which all are familiar. Bow
ditch q Webster claim a logical and
complet" antidote in their Beef. Iron
ana Wine 1t combines the nutritious
quaiiti of the finest beef, the tonic
Of iron and the gentle stmulant IF a
rare old sherry wine, from one Of tho
most famous california vineyards.
They claim il to be- the only Beef. Iron
ana Win" containing guaranteed
amount Of Beef and Iron in each
spoonful. It is sold in square un-
wrapped bottles holding a fun pint
for fifty cents; and may justly BE-
called an honest medicine in an honest
bottle
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-07

capt. George r. Fernald of Wilton
Maj. Charles J. House Daniel ". Pet
tenEil ana Thomas +. Dodge Of Au-
gusta. Justin NJ. Lcayit of Alfred. Viii
liam j. Smith Of Gardiner Randall G.
NoyeS Of Bradford. ANA Thomas Dana
of old Town. members of the LIST Maine
Heavy Artillery in tho War Of the Re
hcllion, and Hugh Il. Chaplin of Ban
Cor. son Of the late Col. Daniel chap
lin, who commanded the same rcEi-
mcnt, N're entertained at dinner. yes
tcrday. ny the York County club Al
their club house on State street
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-07
LAW COURT DECISION.

The law court has handed down the
following rescript in the case: An
droscoggin, S. Peter J. Quinn VS..
Samuel Il. Bearce. ct al
R"script mo opnion.)
Strout, J.-E,Xceptions to order of
non-suit. Defendants were engaged in
digging trenches and laying water
pipes therein. Plaintiff was in their
employ as 4 laborer in the trench and
was injured by the cavinG in of it's
bank-at that place the trench was
about a feet deep: the water pipe was
laid ready for filling, but no filling had
been put in. Russell was in charge Of
that section. He had had no previous
experience in work of that kind; but
il is A matter Of common knowledge
that in such trenches there is danger of
caving Of the walls. Russell under
stood this. for he guarded against it
by placing plank across the trench.
When ready to fill at this place, he
carelcSSly removed the planking. before
filing at the bottom to give lateral
support. evidently supposng the wall
would stand until filing had been made.
That hc Was negligent in this regard is
apparent-but he was the fellow ser
want Of the plaintiff. to whom the mas
ter was not responsible for such negli-
Eence. There was nothing about the
work which required greater knowl-
edge. experience or skill than that pos
sessed by the ordinary man of common
and ordinary intelligence. The evil
dcncc fails to show that Russell was
wanting in these particulars. or was
in any sense incompetent to perform
his duties.
The offered expert evidence was
rightly excluded, and the non-suit
properly ordered.
Exceptions overruled
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-07
$1,000 TO Unitarian Society.

Among the requests contained H. th"
Will Of III" late Mrs. \. T. Williams,
widow ~ the late Ex-Governor Joseph
Williams, is one of $1,000. a donation {"
thrists church Unitarian Society %
Augusta. ana the same sum t" the
American Unitarian Association of
Boston. Iorhni Judd Of New York, ana
LcndalI Titromb of Augusta, are nam
ed as executors.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-07
A CARD.

we. the undersigned. do hereby agree
to refund the money on so cent bottle Of
Greene's Warranted Syrup OF Tar II II
fails to cure your cough or cold. We also
guarantee a 25-cent bottle to prove sat
isfactory or money refunded.
RoWditch S- Webster. kinsman Pharmacy
FIX. C0urtcmanche. G. x. Partridge.
Arthur Tctrault. Temple Pharmacy.
John CouChlin, Augusta
A. r Hutchinson, Halioweil
robinson G. Co Chla. Ward q 20.
G.. H. Reane. 9srx.inef
Il q yvrs-uHr
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-07

Tor u large part of the afternoon to an
argument against tn" proposed repeal
# IL" star" constabulary law by ex-
county Attorney Russell of Waldo
county. Later IN executive. session.
tction WAS taken on q number of mai
t"rS. Among them the bin providing
for municipal water works in Houlton
was referred - the next legislature.
1t was voted to report ought to pass
on the bill amending the law relating
20 fees and costs. the bill relating 10
dependent soldiers ANA sailors tn" bill
amending the charter of the Rockland
police court. ana the bill amending the
charter Of the Dover municipal court
The committee On military affairs
voted I" report ought To pass on the
resolves Of E.i2 FOR Dr w. T. Mayhury
Of Saco. ana $lfa for Rev. e. :. Cum
ming. Of Auburn. These are claims ON
account 81 services ana supplies eur
ing the war with Spain. ON the claims
of various cities and towns ANA $50
that of the Y. NJ =. \. on account of
money expended for soldiers of the
Spanish war. it was voted that they
he referred 20 the next Legislature. y
delegation headed nv cx-Commapd
Seth 7. Snirc was present from cath
IN support of the resolve fer the Enth
Military ana Naval orphan Asylum.
No action was taken by the committee.
The committee On banks ana ba nix
ne voted ought to pass on III" hill in
cooperating the EanEor Loan and
Trust ca. and also on the Bill amcnC
ing the Law relating to tn" returns Of
the treESurcra Of the trust comra MES.
The priv9tc hauking matter and one or
two other bills We're continued until
today.
The committee On railroads, lie
graphs and Expresses voted to report
ought To pass an the following five
bills: To amend the charter of the
Harrington &, Jnncsport Telegraph 30;
allowing the FrychurE Horse Railroad
90. to establish steamboat conrec-
tions: to authorize j. NJ. Moulton to
maintain Il tclcphone line h"t'vc"n
Wayne and Leeds Center; to ratifT III"
lease Of the pattcn 4 sherman Rail
road to tn" Bangor 4 Aronstook: and
Incorporating the AndroscogEin Tel"-
phone 40.
The committee on agriculture spent
the whole afternoon behind closed
doors. discussing the recent inVcStiGa-
ton of the department aud the several
bills relating to the duties of the board,
the method Of clcctinc the secretary,
the proposed state dairy bureau. etc.
The committee will meet again. tins
afternoon. and hopes To have bill IN
shape to be presented. Friday morning.
covering and disposinG of all these VA
rious matters which are 50 closely
united.
(For regular proceedings, routine mat
tor remarks ctc see official StcnO-
,n1I \
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-07

The funeral Of the late Mrs. Dornthy
Scribner of Harrison. aged 100 years, 9
months. took place, Tuesday
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-07

ire committee on insurance WAS he
Sl"Sti by tn" representatives. Of the
'd"ilS laternal organizations
wednesday afternoon. the drawing
card being the bill giving the DEPART
mont closer supervision over such in
suianCr companies and making it more
"lfhccit for new ones to he organized
IN the future. The bill as first drawn
WAS changed in several RESPECTS ~ Tho
result of the conference. 1t is TINS
loss rigid ana fairly satisfactory ia an
concerned The committee. however.
leaving the hearing open for other par
ties to be heard later Among those
present were John a. Butler. Esq. Of
Boston. an attorney representing the
\. .. I. w. Royal Arcanum, Home
Circle and other organizations: J. T.
Burt Of Boston. grand recorder of the
y. @. Y. W.: Judge a. 6. Andrews. Au-
CuSta. ana Hon. T.. F. Danforth of
SkowhcCan. both past grand master
Workmcn Of the a. O. L. w: f.. T.
Young of Portland. State deputy Of the
Modern Woodmcn of America. II. w
Cakes of Auburn. representing the
Modern Woodmcn and the New Eng
land Order of Protection: Mr.. ManSur
of Lewiston. representing the United
order Of the Golden Cross: Clarence
Scott and A. y. Campbell of old Town.
Or. William McDavid of Augusta. l..
l.. Walton Of Skowhegan. ana w. e.
Philhrook of Watcrvillo. all represent
ing the Independent order Of Forest
ers. J. J. Maher of Augusta. the chief
grand ranger of the ForcStcrs of
America: +. &. Reynolds and Wycr
Green Of Portland. president and sec
rotary Of the Maine State Relief Asso-
citation.
The committee voted to report ought
to pass on the bill providing for a bond
and license for keepers of junk shops.
and also on the bill repeating the pres
ent law allowing life insurance on the
assessment plan, to go into effect. Jan
uary /. 1902.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-07

The committee on Judiciary spent
having any hearings Of Importance, but
when it adjourned at $40. definite ac-
ton had been taken on only one mat
ter. though many Of those on the table
had been talked over. 1t was voted to
report ought to pass on the bill amend
ing the charter Of the Ticonic Bridge
Company.
In the evening. the judiciary com
mittec again met for a long executive
session. working away behind closed
doors until nearly midnight. 1t vas
voted that the petitioners for q law
forhidding sunday excursions be given
leave to withdraw. 1t was voted to re-
port ought to pass on the following
hills: To amend the charter of the
Linn WOODEN CO.; to provide for the
binding Of briefs before the law court:
re latinr to the service Of WritS: irror-
poratinG the Elliot Bridge CO.: allow
ing Boothbay Harbor to hold it's an
nual meeting in January; allowing Au-
guSta to Cede certain land to the Unit
cd states government; ana incor1nr-
atinC Boothbay Harbor Academy. 1t
VAS voted to report ought not to ~ IS
on the bill relating to the embezzle-
ment of the property Of deceased per
sons. and on the bill relating to Sher-
ifs, coronerS. and conStahleS.
The legal affairs committee listened
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-07

II your druggist cannot supply YOU, send
ussI 20 and we will express bottle to YOU.
all charges prepaid. Re sure and give us
your nearest express Office
j. {. AVER Co, Lowell, Mass.
Send for our handsome book on The Hair
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-07
Notes.

THE Prisoner of Ienda' will be seen
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-07

CFor regular proceedings. routine mat
ter. rema rkS. etc. see official Stcno-
graphic report in another column)
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-07

The legal affairs committee listened
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-07

One dollar q bottle.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-13

that every bill which shall have pass
ed the Legislature shall be certified by
the presiding officers and clerks OF
both houses, and shall thereupon be
presented~to the Governor
1 think this. provision contemplates
and recognizes that the bill shall be
presented to the Governor before ting
by limit Of time. 1 think that its pFe-
sentation to the Governor is legiSia-
tive function which cannot be omitted
and must be performed while the Leg
islature has legal existence to per-
form it. I think it is analogous osfhe
delivery of a deed, which is the Anal
act necessary to give lit validity. i do
not mean by this that a Legislative
committee must actually place the bill
in the Governors hands. If it iSf rlac-
ed in the hands of his secretary or an
authorized attache, or, in his absSnce,
is filed in his office, or laid on his
table, l think it is constructivefpre-
sentation. II the Governor, by any
oversight or neglect, either on his own
part or on the part of any onef con-
nected with his Office, fails to receive
the bill before the LegislaturezA ad-
journs, think 1t is still presenfat tion
if the Legislature hasadone its part be-
fore the expiration Of its sixty 5days'
limit On the other hand, II the IegiS-
lature has failed to complete its part
before the expiration OF said time,
do not see how the Governor can fes
gard the bill as having been present%
ed to him.
No authorities bearing upon tht seq
ond question which you ask haveS been
brought to my attention by the fouh-
sci representing the bin under canstd-
Grafton, and the necessity for al i'm
mediate reply has compelled me p an
swer without time to look up thk Jaw
carefully. III
1 have the honor I'd be, sirf with
great respect, your obedient ser1aht,
q. p. DOEE
Attorney General
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-13
CLASH OF HOSTILE GANGS
| LAST NIGHT ON WATERFRONT
.MOo1

There was war on the waterfront last
night For while it looked as if some
body was going to be killed; as it was,
there were several wounded by stones,
sticks and Jumps of coel. and many 9TH
ers who will nurse bruises for a few
days to come.
A large gang composed of about hun
dred men and boys of the lowest class
of residents of Kakaako started in to
do up the waterfront boys" 1t seems
that very little aloha has been lost be-
tween the Kakaako gang and the water
front boys for some time past. They
have taken advantage of every opportu-
nifty which has presented itself to be OBJ
noxious, one side to the other, and the
brand Of hate which exists between the
waterfront and elsewhere as ''Wela ka
Haop'
Last night about 10 o'clock the Kakaako
gang came out of their part of town in
a body and met some of the waterfront
boys, composed for the most part of
Sd1luIS Oh TIE Ol1ST6HI local St6dm6I6
and stevedores, and Immediately started
in to show fight. The waterfront boys
did not hang back at all, but started to
defend themselves. There were probably
15o men and boys engaged altogether and
as they fought the Kakaako gang grad
ually forced the others from near the
fishmarket to the esplanade.
Arriving on the esplanade the water
frontiers took up stand In front OF Will
der's wharves. while those Of Kakaako
stationed themselves In a body under the
electric light near the Pacific Mall wharf.
The Kakaako force far outnumbered the
others and had the advantage They
saw this and did not intend to lose by
1t.
The waterfronters shortly made up
their minds to rush the Kakaakos in a
body, and upon seeing this the larger
force took to throwing stones. Then the
battle began In earnest. AS soon as the
stone throwing commenced one of the
customs inspectors blew whistle to
summon the police. There were none or
hand at the time, however, and 1t was
some time afterward before they ar.
rived on the scene In the patrol Wagon
In answer to riot call.
For fully twenty minutes the battle
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-13

session for appropriations. 1 herewith
send you copy of Mr.. Dunne's opinion.
1t is very able and thorough. ! think his
conclusions are correct.
The definition of appropriation, given In
Webster's dictionary and following In
Poll VS.. Dunn, so Cal. 227 and other cases
is as follows: "An appropriation is the
act of setting apart or assigning to a
particular use or purpose in exclusion Of
all others application to spe; ;cial use or
purpose. as of money to carry out some
public object appropriation as appli-
cable to the general fund in the treasury
is defined to be authority from the Leg
islature given at the proper time and
in legal form to the proper officers to ap-
ply sums Of money, out Of that which
may be in the treasury. in a given year
to special objects or demands against the
State" Ristine VS.. State, 20 Ind. SSS;
Stratton VS.. Green, 45 Cal H9; State vs.
Lindsay, Wash. 12o
The essence of the Appropriation bill Is
the provision for spending public mon
eys. The essence of a loan bill Is the
authority to borrow money. Although
authority to spend may be Of little effect
without authority to borrow, II seems to
me that these powers are so distinct that
the latter is not included in the former.
I have the honor to be, sir, with great
respect, E. P. DOLE,
Attorney General.
Mr.. Dunne's opinion covered thirty-six
pages of typewriter matter, citing au-
thorities in the matter, concluding with
the following, which is the final decision:
Il am distinctly of the opinion that Sec
; ton "a restraints and limits legislative
power at an extra session to the consid-
Grafton Of appropriation bills.
az. J. DUNNE."
Section 81 of the Organic Act referred
/ to states:. THAT In case Of failure OF
the Legislature to pass appropriation bills
providing for payments of the necessary
current expenses of carrying on the Gov
ernment and meeting its legal obligations
as the same are provided for by the then
existing laws. the Governor shall. upon
the adjournment of the Legislature, call
1t in extra session for the consideration
OF appropriation bills, and until the Leg
isiature shall have acted. lie Treasurer
may, with the advice Of the Governor,
make such payments, for which purpose
the sums appropriated In the last appro-
priation bills shall be deemed to have
oeen re-appropriated."
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-13

lusty young voices bespoke the enthu-
siasm that has been awakeped by the
efforts of those to whom ~ due the
credit of bringing the youths together
in the excellent organization.
Brief addresses We're made by Rev
Mr.. Turner, Mr. Theo. Richards, Mr.
Waldron, and Rev. Mr.. Erdmann, each
of the speakers appealing to the boys
from incidents that come within the
sphere of keen Juvenile interest
The Maui and Kaumakapili quar-
tets sang sacred hymns, and the SER
vice was closed with a prayer and
benediction, pronounced by Rev. Mr..
Erdmann. ANAal
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-13
ATTORNEY GENERAL DOLE'S
OPINION ON MOOT POINTS.

Attorney-General Dole has filed the
following opinion on two current ques-
tions:
Honolulu, H l., May II, 1901
To His ExceHency Sanford b. Dole,
Governor of the Territory of Ha-
waii.
Sir-I have the honor to acknowledge
the receipt of your communication OF
May 10th, in which you say viii you
give me a written opinion on the two
following questions: Cd Upon what
day did the recent session OF the Leg1s-
lature expire by time limit? (2) May
a bill be received and acted on by the
Governor subsequent to the expiration
of the session of the Legislature In
which it was enacted?
The first two lines of section 43 of
the Organic Act declare that eacn
session of the Legislature shall con-
tinue not longer than sixty days, ex-
cluding Sundays and holidays"
AS I understand, the Legislature
convened February 10th. Counting the
days on the calendar. it had continued
sixty days at midnight, April 30th, ex-
elusive of Sundays. During this time
Washington's birthday, February Zzo,
iAtervened. February 22d is not
statutory holiday, either by the laws
of this Territory, or the laws OF the
United States, unless in the District OF
Columbia, although by State and Ter
ritorial law it is legal holiday in
about three -fourths of the States and
Territories l doubt IL the word holi-
day. as used in the Organic Act, IS linn
| tied exclusively to statutory holidays.
But to be a holiday, without statutory
enactment, it must be such by settled
and general usage; day set apart Tor
festivities, recreation or ceremonial In
which the ordinary occupations or the
community are suspended, generaHy
and by common consent.
| In regard to your second question. II
seems to me that section 49 of the
Organic Act is quite clear. 1t declares
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-13

ragged. Several men were struck by
stones, and one of them exhibited mas
ty cut the jaw after the battle was
over While the fight was on the shouts
and curses of the fighters could. be heard
for blocks. Stones ratified on the roofs
of the sheds on the Pacific Mail wharf
and Wilders wharf. Some OF the men
took up positions on the top Of coal piles
and threw Jumps down upon the heads
of their adversaries.
! Now and then there was a luli in the
fight During these breaks in action the
waterfronters would retreat to WAder's
wharf to hold councils of war. One OF
them was to split their force, one part
! to make flank movement ON the enemy
and surprise them while the remainder
/, held their attention by lining up In front
of them and cursing and daring them to
come on. This was not carried out for
| the reason that leader could not be
found.
The big watchman at Wllder's wharf
did all that was in his power to stop
the trouble He was instrumental In
holding the waterfronters back and also
inspired the Kakaakos with certain
amount of respect, as he is a special OH.
Ger and very powerful man.
While the Kakaako gang was busy
pelting stones at the waterfrUnteFg they
! did not notice the police reserve WHICH
arrived quietly. To their great credit, no
one could tell from whence they sprang.
Right In the middle of the trouble stones
were dropped and men and boys took to
| their heels as officers jumped into the
middle Of the crowds and called upon the
fighters to cease. There were bicycle,
foot and mounted police and the word
was passed that the patrol was coming
with more officers, in q hurry. The foot
ponce grabbed hold Of several men. On
fortunately, however, they did not get
those who were leaders. The mounted
patrolmen and bicycle police started aft
er the assaulting gang. which ran peli
nell for Kakaako. All Of the men of
the waterfront gang started IN chase Of
the Kakaakos with the police. The Ka-
kaakos, however, were soon lost to view
| in the darkness, probably hiding In
places best known to themselves only.
| The patrol wagon arrived ana more
police with it. The mounted patroimen.
after fruitless chase In the direction
of Kakaako. returned to where the pa
| troll wagon was standing. empty-handed.
Other policemen had managed TO secure
four of the Kakaako gang, however, ana
they were hustled into the wagon, TO-
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-13
Boys BRIGADE.
Special Service Held in Palama
Chapel Last Night.

A special service was held last night
bv the Boys Brigades of the city at
Palama Chapel, the Palama Chapel
Brigade having invited the Kalihi. Ka-
kaako and Punchbowl brigades to Join
in the regular Sunday evening service.
Rev. J. P. Erdman presided. and as
is the custom of the Boys Brigade
meetings. the service was prfncipaJiy
friends filled the little chapel to over
flowing, and the vigorous chorus OF