davidaulloa/AmericanStories huggingface dataset:
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-04-20
Why Judge Humphreys
DISALLOWED
Trust Fund Investments

treasurer The concurrence of such
directors in the sale of the bonds only
terds to show that the American Su.
gar Co. thought it wise to sell the
same and that it was doing well in dis.
posing OF them to this minor"
The principle is declared to be well
established that such a purchase is
always voidable and will be set aside
on behalf Of the beneficiary, unless he
has affirmed ii after obtaining full
knowledge of all OF the facts. 1T is
entirely immaterial to the existence
and operation of this rule that the sale
is intrinsically a fair one, that no un.
due advantage is obtained, or that a
full consideration is paid. or even that
the price is the highest that could be
obtained. The policy of equity Is to
remove every possible temptation
from the trustee"
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-04-20

could they take a joint mortgage in
the name of common trustee, fol
this would also be a delegation of Their
duty"
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-04-20

Judge Humphreys flied his written
dc cision on the question OIL bonds of
&C rtain corporations for investment OF
trust funds yesterday afternoon. II con.
tGins thirty.two typewriter pages.
he matter came up in the annual &C.
count of A. w. Carter as guardian OF
the estate OF Annie T. X. Parker, "a
minor, the guardian having, as the
decision says, Invested nearly all OF
| the money in his hands belonging to
the estate of his ward in the bonds Of
certain private business corporations
that is to say: $4,000 has been in
vested in the bonds of the McBryde
Sugar Co.. Ltd; s1l5OO in the bonds
of the Oahu Railway & Land Co., Ltd.
and 81 900 in the bonds OF the Waialua
Agricultural Co.. Ltd, making a total
investment in these alleged securities
Of s42,5OO."
In the concluding part OF his decision
Judge Humphreys says:
Upon no possible theory consistent
with his duty to his ward and With
| er rights can the investment made
by this guardian be defended"
WHOLE BATCH DlsAlLoWEp.
He accordingly orders the guardian
burcharged' with all OF the Investments
making up the total of Si2, 800 already
mentioned, specifying each one in
turn. The decision further makes q
substitution of guardian for the pur
poses of the controversy over invest
ncnts In the following language:
And It appearing further that the
interest of this guardian in this mat
ter is in direct conflict with that Of
his ward, and said guardian having
siPnified his intention to appeal from
| Il Is order. II Is ordered and adjudged
that ]. J. Dunno Esq. a member OF
( the bar OF this court, be and he is here
/! appointed guardian ad Item of An
re T. X. Parker, n minor. with full
power and authority to represent her
&c such guardian al Item on appeal"
Early in the decision Tne First Judge,
after quoting authority for the courts
| taking cogniZance OF such common
sources OF information as newspaper
end stock exchange reports, thus ex
piesses himself:
BREACH OF TRUST.
THE investment of the funds of his
ward in the bonds of the Waialua Agri.
cultural Co.. Ltd, by the guardian In
this case and particularly the large
sum invested in the bonds of the Nc
| Bryde Sugar Co.. Ltd, cannot be defen.
ded upon any principle or authority;
the investment in the securities Of the
latter (McBTyde Company especially
deserves to be characterized as unau-
thorized. eXtravagant, improvident.
reckless and q breach of trust in view
Of the guardians admission that at the
time of the investment he had Meth
er examined an abstract Of title of the
property alleged to be owned by the
company nor read the trust deed by
which the bonds are alleged to be So
cured. and in view. Of the further and
significant fact that he purchased ny
far the greater part Of them from cor
poration in which he was a director
and of which he was treasurer. to wit:
tne American Sugar Company. As
faithful. prudent, dlligent, cautious.
watchful and conservative fiduciary II
| II 4 a.. Al
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-04-20
Fraternal Directory.
MYSTIC LODGE NO. 2, K. Of p.

Meets every Tuesday evening at 1880
o'clock in Harmony Hall, King street.
Yisiung brothers cordially invited 20
attend.
H. J. GALLAGHER, G. Q.
A. Z. MURPHY, X. X. 8.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-04-20
HARTWELL AND KINNEY.

Judge Humphreys quotes a batch of
authorities against the Massachusetts
theory advanced in the Banning case,
Viz: that for the Court to direct
what securities and what only may be
accepted by trustees, so that they
would be eXonerated in the event of
less, trenches upon legislative func.
tons" and goes on to say:
Mr., A. S. HartweIl, whose high
professional attainments and SUI,
perior business ability has been
recognized at all times, was
Ecalously seconded in denouncing
the investment of trust funds in thia
class of securities in the Banning case
by Mr.. w. A. Kinney. The argument
of Mr. Hartwell so forcibly expressed
the danger and the purely speculative
nature of such Investments that | feel
warranted in quoting from 1t at some
length, He said: 1t Is a different
thing altogether from Massachusetts
Investments, this investing in bonds
for raising money for the purpose OF
establishing and running Kahukl
plantation no matter how much money
has been paid out there, whether
wisely or unwisely the 100000 sub,
scribed by the shareholders had been
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-04-20

Continued on Page 81
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01
THE NEW YORK WORLD
Thrice-a Week Edition.
The Most Widely Read News.
paper in America.

Time has demonstrated that the
Thrice-a= Week World stands alone In
its class. Other papers have Initiated
its form but not its success. This is
because it tells all the news all the
time and tells it impartially, whether
that news be political or. otherwise.
1t is, In fact, almost daily at the
price OF a weekly and you cannot afford
to be without 1t.
Republican and Democrat alike can
read the Thrice-a- Week World with
absolute confidence in its truth. :.
In addition to news, it publishes
tirst-class serial stories and other
features suited to the home aud
freside.
The Thricc-a- Week Worlds regular
subscription price is only sl.0O pei
year and this pays for 1856 papers. We
offer this unequalled newspaper and
the PLAIN DEALER together one year
for S1.70
The regular subscription price OF
the two papers is $500.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01

Washington. June e5. Arrange.
ments have been accomplished for moving
the presidents offices and quarters
while the repairs to the white house
are being made. The Scott mansion,
on Jackson place, opposite Lafayette
square, has been leased for short
time, and here the presidents offices
will be located, and when in the city
he will occupy apartments in the same
building.
Stricken from the Bill.
Washington, June 25.-Among the
amendments to the immigration bill
recommended by the senate commit
tee on immigration is one eliminating
from that measure the provision In
serted by the house for the prohibition
of the sale of intoxicating liquor in the
national capitol building. Theprovis-
Ion was struck out on the point of order
that 1t Is not germane.
school Census OF Cubs.
Washington, June 25.-United States
Minister Squires, at'Havana, has sent
dispatch to the secretary Of state
giving the result OF the school census
of Cuba, taken a short time ago. He
says all children from six to 1s years
of age are included, making a total Of
396,255 of all races, with 70 per cent.
white and sly per cent male.
Time Extended.
Washington, June 25.-The protocol
providing for the extension Of the time
for the ratification of the treaty be-
tween the United States and Denmark
for the sale of the Danish West India
islands has been ratified. The time
is extended for one year.
Oxford Gives Choate Degree.
London, June 25.-Oxford university
Tuesday conferred the honorary de-
gree of doctor OF civil law on Joseph
H. Choate, the United States amba ssa-
| dor to Great Britain,
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01
Leads Them All,

zone Minute Cough Cure beats all
other medicine ever tried for coughs
colds, Group and throat and lung troub
les, says d. Scott Curtin of Logantop,
Pa. One Minute Cough Cure is the
only absolutely safe cough remedy
which acts Immediately. Mothers ev-
erywhere testify to the good it has
done their little nnes. Crou is so
sudden in its attacks that the doctor
often arrives too late. Ityields at once
to One Minute Cough Cure. Pleasant
to take. Children likeit. Sure cure for
grip. bronchitis, coughs. Shuttle
worth Drug Co.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01
DEBATE. in THE HOUSE
General Discussion of Philippine
Bill Closes.
A NUMBER OF SPEECHES ARE MADE.
A Lively Colloquy Ensues Between
Messrs. Lands, of Indiana,
and Clark, of Missouri
Tho Senate.

Washington, June 2s.-The general
debate in the house on the Philippine
civil government bill closed Tuesday.
The speakers were Messrs. Lands
(1nd.), Williams (Miss.), Ball (Tex.),
Jones (ya.), Shafroth (Col) and
Crumpacker Qnd.). The latter closed
the general debate for the bill with a
strong speech.
Sharp Telt.
Mr.. Lands engaged in sharp pas
sage with Mr.. Clark (Mo.). He de-
scribed Mr.. Clark, after war was de-
clared, as charging up and down the
aisle boasting that the democrats had
taken the republican party by the
scruff of the neck and dragged it into
war. This drew from Mr.. Clark a
challenge to Mr.. Lands to place in his
speech the names of the IS republicans
whom he described as the kickers and
who, he said, went to President Nc
Kinley and threatened to vote with
the democrats to recognize the indie
pendence of Cuba unless he sent the
right kind of a message to congress.
"That is fiction" cried Mr.. Lands,
while Mr.. Cooper (Wis.), who said he
was member of the committee that
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01
JANE ToppAN coNFEssEs.
Woman Sent to Taunton tMa...) In
sans Asylum Admits 81
Murders.

Boston, June s5.-Jane Toppan, who
was sent to Taunton insane asylum
BY jury at Barnstable Monday, where
she was tried for the murder of Mrs.
Mary d. Gibbs, has made confession
to her senior counsel, Judge Fred N.
Bixby, that she killed 81 persons.
They were patients whom she had
nursed.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01
IL CONSTITUTIONAL.

Lansing, Mich, June e5,-The su-
preme court has affirmed the constitu.
tionality Of the Michigan statute for
bidding the manufacture and sale Of
colored oleomargarine and sustained
the convictions Of George w. Rotter,
a Petoskey grocer who was convicted
of selling the colored article. The
rt-held that the legislature had
power to pass this law and that the
courts cannot consider the wisdom or
policy of SO doing.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01

waited upon President Mckinley, de-
MED that any such conversation oc-
Cured. On the contrary, he said, the
eommittee told the president that
they We're willing to abide by the de-
cision of the administration.
Mr.. Lands thereupon repeated his
statement that Mr.. Clark had boosted
that the democrats had dragged the
republicans into the war.
''rhat's what We did" shouted Mr..
Clark.
"And then when the war came, with
lite problems, consequences and re-
sponsibilities." flashed back Mr..
Lands, you turned your backs and
ran away" A tremendous burst of
applause greeted this reply.
For fully minute it continued un-
checked by the presiding officer.
There is not word of truth in that
statement" retorted Mr.. Clark when
the applause died away.
Sand that is not ALL" returned Mr..
lands, "they not only turned their
backs and ran away, but they are run
ming yet" (Renewed republican ap-
plause.)
"That statement is not true, either"
cried Mr.. Clark.
When Mr.. Lands referred to Mr..
Clara's former criticisms of Grover
| Cleveland, the Missouri member cor
rected him and declared: 1.-THE second
| election of Grover Cleveland was the
| greatest calamity that has befallen
the human race since the fall 9f
| Adam"
"Didn't you vote for him2" queried
Mr.. Lands.
"Yes," responded Mr. Clark amid
great laughter, land that's one thing
expect to pray Almighty God to give
mo ahsolutiop for on the day of judg-
ment."
Night Session. 80
General debate on the Philippine BIN
was closed at the night session, when
the speakers were Messrs. Lacey Ga.),
Schirm (Md.) and Douglass IN. W for
the BILL and Finley Is. CO. and McDer-
mott On. J.) in opposition. Mr. Lacey
responded to the argument that our
course in the Philippines should be
the same as that in Cuba, maintain
ing that there had been no attempt to
drive us out of Cuba. Mr.. McDermott
asserted that the bill, in effect, gave
the Philippine government authority
to issue bonds without limit as to
amount, which bonds would be in good
faith and morals, If not legally,
charge against the United States. At
1880 p. m. the house adjourned, and
In accordance with the rule govern
ing this debate, the consideration of
the measure under the fve-minute
rule begins at II o'clock a. m. to-day.
Senate.
Washington, June 25.-The senate
Tuesday passed bills creating nation
al forest reserve in the southern AID.
palachian mountains and ratifying the
agreement between the Choctaw and
Chickasaw Indians of the Indian Ter.
ritory and the United States. The first
bill provides for the purchase of 4,o0o,-
900 of acres in the southern Appala-
chan system at cost not to exceed
$lO,Oo0,OOo. The secretary of agricul-
tnre is to designate the lands to be
purchased and to take measures to
preserve the hardwood forests which
they bear Senator Quay (Pa.) was UNI
able to secure consideration for his
motion to discharge the committee on
territories from further consideration
OF the omnibus statehood bill, but gave
notice that he would demand that it be
taken up to-day.
Temporary Offices for President.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01
Fusion Fails In Nebra.k,a.

Grand Island, Neb., June 25.-Ths
democratic convention nominated
Constantine ]. Smyth for governor.
The populists were taken by surprise,
the nomination having been made
without conference. They claim they
have been used discourteonsly, and
fusion now seems further away than
ever. The populist conventionk nom.
mated NJ T. Harrington.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01
Many puiadine. Burneh.

Dallas, Tex, June 25.-Nre originat-
ing in q residence at Simpson and Has
kell avenues in East Dallas Tuesday
destroyed 20 or more residences, coy
ering an area of three blocks. Several
firemen were injured or overcome by
heat, but none seriously. The loss
reached about $4,000, with insurance
of less than half.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01
WIN visit Indianapoli..

indianapolis, Ind, June 25.-Mayor
Bookwalter has received from George
B. Cortelyou, secretary to President
Roosevelt, a letter saying the president
will be pleased to accept the invitation
to visit indianapolis during the Span
ish-American war veterans reunion.
More definite arrangements will be
made later, Mr.. Cortelyou wrote.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01
Ready to Yield.

II used DeWitt's Witch Hazel Salye
for piles and found it a certain cure,n
says 8. r.. Meredith, Willow Grove,
Del Operations unnecessary to cure
piles They always yield to DeWitt's
Witch Hazel Salye. Cures skin diseas-
es, all kinds Of wounds. Accept no
-counterfeits.- Shuttleworth Drug Co
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01

Hopkinsville, KY, June 25.-Fire of
an unknown origin wiped out the BUSH
nsss portion Of Gracey, situated ten
miles west OF HaPkinsyille, Tuesday
n;ah, Two general merchandise
stores, drug store, 1A.'s. "a
implement house, a hardware es,..
lishment, several offices and, one vacant
business house were burned. The loss
is $4,000; insurance, $4,000.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01
Blshop consecratea

Lynn, Mass, June s5.-Rt. Rev. James
Hart Van Buren,, d. D., was consecrated
bishop of Porto Rico Tuesday in st.
Stephens Memorial church. Lynn
where for more than ten years he Off
ciated as rector. Eight bishops of the
Episcopal church and rs of the clergy
took part IN the service.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01
Agree ON Fuslnn

Topeka, Kan, June 3D. The populist
state convention decided to accept the
terms of the democrats and will nomi-
nate the officers in accordance with the
fusion plan previously arranged. This
plan was adopted by safe majority,
but there are large number opposed
to 1t, and these threaten to bolt the
convention,
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01
Wantadl

'lafses years and upwards,
Weighing 1000 pouu.. ANA upwards
for the Eastern markets. Will be ~
Ruddy's barn during the spring and
summer. 58tf e. ANDERSON.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01
9 Housekeepers

All Up-to-date Housekeepers
use Russ Bleaching Blue. 1t makes
clothes clean and sweet as when new.
All grocers.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01
one Fare Rate.

Secretary John Simpson of the
state department of agriculture has
been notified by the railroads that
they have granted a one-fare rate
for the round trip for the state fair,
August goth to 30th. The depart
ment also has secured fare of one
and one-third for the round trip for
the benefit of exhibitors, the tickets
to be good for a week in advance of
the fair and the week following.
This privilege has never heretofore
been granted to the state fair.
EON RRnwN
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1902-07-01
Ti,.e War Debt.
secured.

Gov. Cummins an, the other
state officials believe that within ..
week the state treasury will be en-
riched by the sum of $456,4s0 appro-
priated by congress to reimburse
Iowa for money paid out on account
of the civil war in the form of in.
terest on warrants and bonds issued
to secure money to equip federal
troops. This money cannot be used
before 1904, however, as no provi-
sion was made by the recent legis-
lature to eSpend it in appropria-
tions
Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1902-12-10
Sale at the Wool
en Mill.


Now is the chance to get
your winter wear. We have
received from our storage a
quantity of very fine light and
heavy weight goods which we
are selling at or below cost.
Give US a call; you will not
regret it.
JAMES c. FRAZER,
FRANK COX,
Receivers.
Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1902-12-10
Why hey sell.

Is it strange that lot 80 by 90,
containing 500 square feet, sells
without agents when compared with
one 100 by 40, containing only 1000
square feet, or less than one hall as
mueh2
Our streets are 40tt and alleys I6
IT., while alleys on other plt is are
only 10 f., useless for teams to pass.
Every 4 lots face on two streets,
aud have two alleys. No lot with.
out street or alley
When we sell lot, vein tact, give
one, (the size of other LOTS away to
the purchaser In the past ten days
we have sold s more lots and we still
have more to sell.
We furnish perfect title, without
any conditions or restrictions.
Terms to suit reliable purchasers.
Yon can nuy these eautitu lots
in BelIeyiew ouly oil,
y. ~ Eek
Y HECK.
Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1902-12-10
HE DON'T LIKE IT.
A Travelling Man says Montgomery
should Impr owe its Present Fire
Alarm

A Travelling Man says Montgomery
should Impr owe its Present Fire
Alarm
At Montgomery, one of the widest
towns along the line Of the G. & o.,
there is no fire alarm. When a fire
breaks out in that town every man
who has revolver begins firing, and
as a result almost every man u the
town is shooting, for they all carry
guns. A travelling man who was
asleep in the Montgomery hotel last
Sunday when that hotel caught fire
expressed himself here today as fol-
lows:
"This revolver fire alarm, said he,
as he sat on his grip and attempted
10 fasten standing collar to his night
shirt, 1is the blamdest | ever saw or
heard. heard somebody boiler fire
and Immediately it seemed as If hell
had broken out. | could hear big
gun below over in front OF the hotel
and then a smaller one the other way,
aud 10 few minutes everywhere. 1t
certainly does wake people up, but
there was some san-ef-agun in the
room below me and he commenced
shooting right up through the ceiling,
but fortunately | wasn't hit. | don't
believe Ia II and Montgomery should
ad pit some other plan.
Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1902-12-10
The F0rtnightly Club.

The Fortniphtly Club will be enter
tained next Friday night, December
Il by Professor and Mrs. Barbe and
Miss Boughner in Beta Theta Pi
fraternity hall In the postoffice build
ing. The paper OF the evening will
be read by Professor John Harrington
Cox, and there will be music by the
University Quartette.
Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1902-12-10
STOCK TRANSFERRED.
Wabash Now Owns the b. Il N. and will
Build Through This County.

The formal transfer of the b. IL
N. stock to the Wabash has been
made and the Wabash now owns
the former road 1t Is the intention
to build railroad from the state
line to Buckhannon. Connection
will be made on the north with the
Wabash line that comes through
Way aesburg to Uniontown.
Rights Of way have been purchas-
cd and surveys were made long ago
for this road. Application will be
made soon to the Fairmont city
council for franc hise to go through
the first ward.
1t is by one of the officials of the
load said that the system will be in
fnnnig order in year and half.
Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1902-12-10

It. w. ireland

With the Morgantown Real Estate
Co. will sell you real estate OF every
description Will also take your or
ders for ornamental shade trees,
hardy towering shrubs, and vines
o. any thing in the nursery line
tm the Old Reliable r. g. Ghas,
60. Geneva n. Y. See him at Don
ley Il Hatfeld's Ia Chancery Row
Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1902-12-10
Remembered the Foot Ball Team.

The committee from the Y. NJ. c.
a. which has the lecture course
in hand this year did not forget the
football team but gave them tickets
to the lecture course for the year.
The man appreciated the courtesy.
Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1902-12-10
The Best Build
Ing Sand.

We are now prepared to
furnish the best No. 1 build
ing sand to people of Morgan
town delivered in car load lots
in town. The sand is the best
to be had and is most suitable
for plastering, brick laying
and cement work. For prices
and particulars address,
Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1902-12-10

Leads all Of them. Seven chairs.
quickest service consistent with best
work. Most convenient location.
Hot and cold baths. First Union
shop In town. a. BOWER, Court
House Square, Union Shop.
Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1902-12-10

THIS is the day to pay for your gas.
PEOPLE living north of Wiley
street have been short OF gas for sever
al day: and they have been shivering
with the rest of the population.
Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1902-12-10
four Per Cent Paid.


Don't keep money about your
house Many a man has been rob
bed. The Bank of the Monongahela
Valley will pay you four pere tor
it.
Your new suit to be the top notch
of style should come from Hirsch-
mans.
THIS is good time TO buy mems
underwear Hirschmans have all
grades.
Owing to the wonderful demand no
more than four tickets will be sold to
any one person.
Extraordinary Bargain!
For Sale: Handsome large pony.
buggy and harness, blanket and two
halters.
L. z. HoDeEs,
Point Marion, Pa.