davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-11
GEAR WAS
CONFUSED
SoSupreme Court
Says in Smith
Appeal.
REVERSED AGAIN
IN LAZARUS CASE
The Second Judge is Upheld in
Finding for Kapiolani Estate
Against Cockett.

Two decisions were handed down by
the Supreme Court yesterday. one re-
versing Judge Gear. the other sustain
ipE him.
In the case of Adelaide Schlief and
John SchIief VS.. Alexander Lazarus,
Henry Smith, guardian of Naomi Lag
arus. and j. O. Carter, guardian of the
Lazarus minors, Gear is reversed and
told that he must have been confused
i. interpreting the law. The appeal
was taken by Henry Smith from an or
der of the court allowing the rents ac-
orujng on property between date of sale
and confirmation to go to the purchas-
ers
The syllabus says: In partition
suit, rent accruing on property sold be-
tween the date of sale and confirmation.
and collected by a receiver or trustee
and paid into court, the masters re-
port being confirmed and deeds being
delivered to the purchasers without
collecting interest on the balance or
the purchase money held by them pend
ing the confirmation. belong to the
heirs or partitioners, and not to the
purchasers
In the decision of the court. which
is written by Justice Galbraith. 1t Is
said:
.-.Fi,e Judge below seems to have been
cossused by the doctrine of relation
and to have proceeded on the theory
that as the title related back to the
day of sale this also carried with 1t
the right TO the possession and rents
and profits aecruing from that time.
It does not follow from the fact that
by the order of confirmation the pur-
chaser was vested with all of the title
of the petitioners on the date OF sale
that they are entitled to the possession
and rents from that date.
we conclude that the judges hav-
ing confirmed the masters report and
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-11
ATTORNEYS.

THOMAS FTTCH.-OHaees col ssAKgen-
wald building, Honolulu, y. N WIN
practice In all the couKtn.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-11

| Newton, Mass, dispatch to the
Boston Daily Globe contains the fol-
lowing matter of local interest:
Gorham d. Gilman of Newton will
| tomorrow receive the congratulations
of his friends in honor of his S0th birth
] day. That Mr.. Gilman is so years old
| is not indicated by his looks or man
ner.
! AS consul general in New England
for the Hawaiian government for seven
years, a prominent Newton resident
since 1865, and a wholesale druggist OF
Boston for 40 years, Mr.. Gilman has ac-
quired a position in the ranks of the
well known men of Massachusetts,.
Born in Hallowell, Ne, his early edu-
cation was secured in the Hallowell
academy. Upon completing his studies
he was employed for a time as clerk
in q store but gave this up for the adj
venture that promised in an opportuni
ty to go to sea.
During 1910 Mr. Gilman shipped upon
Il vessel that sailed around Cape Horn
and early the next year reached Homo
lulu. Here. May. 1871. the young sailor
found an opening in the commercial
enterprises of the islands.
1t was with little difficulty that Mr..
Gilman mastered the native language,
and he had attained such proficiency
in a comparatively short time that his
translation of an important United
States government treaty was accepted
in preference to that of a man of fully
20 years experience.
AT the first news in 1S4S of the dis
Covery of gold in California Mr.. Gilman
left Hawaii for the United States. His
associa ton there with other seekers
after wealth entitled him to member
ship in the organization of California
pioneers and today he occupies the pO-
sition of vice president in that body.
Returning TO Hawaii in the spring OF
lS49 Mr.. Gilman continued as mer
chant there until 1861, when he returned
20 the United States
Mr.. Gilman removed with his family
10 Newton in 1865. having established
business in Boston with his brothers.
He bought and occupied his present
residence on Baldwin street.
Soon after his removal here Mr.. Gil
man took an active part in local af-
fairs. His house was the meeting place
of the leaders of the Republican party.
An earnest worker in the Eliot Con-
gregational church, Mr.. Gilman was
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-11

When Newton became a city in 1874
Mr.. Gilman was one of those who mao
strongly opposed the idea 1t was his
belief that 1t would be better divided
into two towns, with one called Newton
and the other Nonantum. He is firm
believer in the town form of govern
ment.
AT the first caucus, however, he was,
with the late Frank G. Barnes, CHOSEN
representative from Ward 1 in the city
council. Ward l at this time was the
entire village of Newton, or Newton
Corner" and represented a majority OF
the taxable interests as we'll as two
thirds of the population. His efforts
were directed to a division of the ward,
and after a hard-fought contest. and
with a majority of one vote, that part
of Newton became Wards l and l.
CONTINUED on Page ID
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-11

4. e. GROsSMAN, D.D.s.-AlaeIea b..
three doors above Masonic Henpie'
Honolulu; Office hours, y am. 20 P.In'
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-11

ordered deeds delivered without re-
curing the payment of interest on the
balance of the purchase money erred
in allowing the rents to the purchasers;
that these, under the facts of this case,
belong to and should have been dis
tributed among the heirs or partition
ers."
KAPIOLANI ESTATE WINS.
Judge Gear is sustained in the case of
Sister Albertina, trustee for Stella Il.
Cockett VS. the Kapiolani estate ct al.
This was an ejectment suit in which
the Kapiolani estate claimed land at
Honuakaha, Honolulu, through adverse
possession The plaintiff claimed title
as the son of Namakeha, who decided
a life estate in the land to kapiolani
and after her TO the Prince of Hawaii
and Stella Cockett was willed three
fourths of the property. The defend
ant claimed through Kapiolani. who
had the royal patent to the land in dis
pute, and the court holds that she was
in undisputed possession for twenty
years prior to the commencement OF
the suit.
In the syllabus the court holds (opin-
ion by Perry that When one is shown
to have been, for more than the statu-
tory period in actual, open, notorious,
continuous and exclusive possession of
land. apparently as owner. and such
possession is unexplained as by show
ing that it was under lease from or
other contracts with, or otherwise by
permission of the true owners, the pre-
sumption is that such possession was
hostile
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-11
CONTRACTORS.
DENTISTS.

ALBERT b. CLARK, D.D.S.-Bereta-
MIA and Miller: ONCE hours. y 70 a.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-11
CAREER OF G.. D. GILMAN
ONE OF HAWAIrS OLD SETTLERS

early identified with that religious
body. In the Sunday school he was for
over rs years leader of Bible class,
and is still an active member.
When the Newton branch of the Y. M
c. A. was founded 25 years ago MIR. Gill
man was prominent in the movement.
He was its second president, and Oc-
cupieti the chair for three years, He
originated the plan for disbursing
Thanksgiving dinners to the poor un-
der the Associations auspices.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-11

The Expert Dentists, in Arlington
block Hotel street, opposite Union,
will do your dental work well. and at
nrices as low as the lowest. W. E. AL
len. D. d. ST. L. Ferguson, d. d. 5.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-11
NOTICE.

ALL PERSONS OWING To THE
..punahou store" corner wilder and
Lfakiki streets, are hereby notifsa mat
their bills are payable to SSH>siEes q
90 ria Queen street. and will be
uIaced in az attorneys hands fer col
* ton afr 50 DAYS.
Honolulu. July >, 1897
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-11
PHYSICIANS.

DR.. w. HOFFMANN.-B eretania st.
opposite Hawaiian Hotel Houra. . TO
ii a. m; to 0. and TO .. M
Phone White lS1.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-11
ENGINEERS.

ARTHUR c. ALExANDER.--sur
or and Engineer. 400 JUDD oies'' n
o. box 732.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-11
BROKERS.
CHIRoPOnnsT.

ID. M. TEOMsoN-Expert ChiBepodtst-
Ma. IL Garden Lane. between Onion
e-d Beretania streets.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-11
INSURANCE.,
MUSICIANS.

COOKS MUSIC SCBooL.-Lsye BLDG
will hold summer term during Jug
and August
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-11
PROFESSIONAL CARDS.
ARCHITECTS

q PAGE. Architects ana
Builders.-Ofi1ce, I'd floor. Klfte puila~
rect estimates furnished at short me-
tice; Tel. 229; p. o. box VA.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-11

THAYER a HEMENwAY-OMce ees
and eo4 Stangelwald buShdfns; ~Teie-
phone 3o8 Main.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-11

DIR. J. UCHIDA.-Pbysfcian ana Sur
Eeon; once, Beretania, between Fort
and Nuuanu streets; sffiee hours. y 70
~ a. M, to 8 D. M; Tel. LII WHITE.
The Dolores star., 1902-08-08

orderly storchousc Of sights, sounds, re-
lations, conclusions, and pictures, upon
which the powers of abstraction, gem
eralization, judgment and reason may
elaborate, and, by the aid of the imagi-
nation, produce the nlatchiess pictures
and sculptures ofa Raphael or Michael
Angelo, the melodious strains of a
Beethoven, or the deathless literature
ora Shakespeare!
What the weSld demands at the
present time is more complete men and
women. On cur social and economic
horizon black and ominous clouds are
gathering These may burst forth with
the fury and destruction of the tornado,
or they may dissipate in gentle and re-
freshing showers. IT all depends on
how well and how effectively we edu-
cate those to whom we shall soon turn
over the duties and responsibilities of
life.
). w. DENNEY.
The Dolores star., 1902-08-08


Last Saturday morning word was
brought to towti by Forrest Bradfield
that YIN. Snyder had broken his Ieg,
Clyde Crabillhaving rode to the Bad
field ranch from the Glades during the
night. DR.. DC. Thurman went out
and found the rightleg badly swollen,
and broken in three places below the
knee, the small bone in two places and
the large one In three places. The
fractures were set and the doctor re-
ports Mr.. Snyder doing AS well rs
could be expected under the circum-
stances. The fractures were caused by
q steer, which had l,ecn thrown to vac
cinate, throwing Its head and hitting
Mr.. snyder while in the act OF i'lsert-
ing the vaccination needle.
The Dolores star., 1902-08-08

All public officials should be men
without any tie or connection of any
kind with corporations or individuals.
Iihing except the will of the majority.
''No man can serve two masters is as
thoroughly emphasized in the career of
public official as in any walk of life,
and the official who has any connection
with corporation will almost invari-
ably he found serving them against the
desires of the majority of the people.
The Dolores star., 1902-08-08
Timber Land, Act june 8, 1s7S.-Notice for Pub.
lication.
Durango, Colorado, Jupo y, Isooaa.

Durango, Colorado, June y, 1867.
Notice is hereby given that in compliance
with the provisions Of tho net Of Congress Of
june 3, 1878, entitled, AN act for the sale of
timb " lands in tho States OF California, Ore.
gon, Nevada, and Washington Territory" as ex-
tended to all the Public Land States by act of
August 4, 1892.
Edward b. Clark, of Rico, county of Dolores,
State .of Colorado, has this day filed in this
Office his sworn statement No. h9i for the pur-
chase Of the NO of ne ! Of section % in town
ship 81 II, range IA W, N M P M,
And will offer proof to show that the land
sought is more valuable for its timber or stone
than for agricultural purposes and to establish
Receiver Of this Office at Durango Colorado, oh
Saturday, the 9Th day Of September, 1902.
Ho names witnesses: George Ditchfleld,
Of Rico, Colo, s. H. Fitzgarrald, Of Telluride,
Colo. p. A. Brown, OF Dolores, Colo David
Giorgstta, OF Dolores, Colo.
ANY and all persons claiming adversely tho
above-described lands are requested to file their
claims in this office on or before said 9Th day
Of September, 1902.
F. G. PERKINS, Register.
First pub June q /; last August 20 '0s.
The Dolores star., 1902-08-08
Timber Land, Act June >, ls7s.-Notice for Pub
hH lication.
United States Land Office

Durango. Colorado, July ~ 1902
Notice is hereby given that in compliance
with the provisions OF the act of Congress Of
JpneS,; 1873, entitled "An act for the sale Of
timber lands in the States OF California, Ore
gon; Nevada. and Washington Territory ms ex-
tended to all the Public Land States by act Of
August I, 1892. "
William b. Van Alta, of Telluride county of
San Miguel, State of Colorado, has this day filed
IN this office his sworn statemsnt No. 6(s, for
the purchase OF the W 9 of SO und sc of Sc
and sw Of ne I Of section 81 ih township 81 n,
range IA W n NJ PM,
sought is more valuable for its timber or stone
than for agricultural purposes. and to establish
his claim to said land before the Register and
Receiver Of this office at Durango, Colorado on
Saturday, the 25th day Of October. 1902.
He names as witnesses: George Ditchfield OF
Rico, Colorado, S. X. Fitzgerald. Herschel NJ.
Hogg and WIN. Z. Grain all Of Telluride. Colo.
Any and all persons claiming adversely the
above-described lands are requested to file their
claims in this Office on or before said 18th day
OF October, 1902.
F. G. PERKINS, Register.
First pub aug last oct 8
The Dolores star., 1902-08-08

Answer TO the complaint filed by the
commissioners was filed last Wednes
day, but the county attorney did not
have hand in the matter. The com
plant was to restrain the commissions
ers from setting a price on water as the
law requires. Just why he attorney
failed to attend to the matter when he
is paid to look after such things is a
mystery. 1t looks to those who have
watched the ease like it would be a
wise thing for the commissioners to
fire the present attorney as far as they
can send him and get one who will
attend to his duties.
The Dolores star., 1902-08-08
SIla,yeo f.r . prescri.tios.

The largest ann ever paid for pre-
scription cranged kands In San Fran
cisco, Aug. 80, k90f. The transfer In
volved In coin sad stock 81 1l2, SOC. 90 and
was paid by party Of buisness men for
. specific for RSght's Disease aud Dia-
betes, hitherto ilaurAble diseases.
They commeIced the serious invcsii-
cation OF the Specific Nov. Is, 1900.
They interviewed scores of the cured
and tried n aut on its merits by putting
over three DOZEN cases OH the Treatment
and watGhipg, them. They also got ply
siciSns 10 isftlie chronic, incurable cases,
and administered it with the physicians
for jndggs. Up to Aug. %, cight-seven
per cent oi the test cases were either
we'll or progressing favorably
TheIe being but thirteen per cent. Of
failures, the parties Were satisfied and
closed the transaction. The proceedings
of the Investigating committee and the
clinical reports of the test cases were
published and will be mailed free OH
application. Address JoHN J. FULTON
COMPANY, 430 Montgomery st. San
Francisco, Cal.
The Dolores star., 1902-08-08
NOTICE.
Application to Purchase Timber.

TO WHOM IT NAY CONCERN,
garrald whose postofice address Is Telluride
Colo, did on the end day Of July A. d. 1909
flc in this office his application to purchase all
OF the timber over ton inches in diameter on
the following described lands. to-wit
All Of Sec. II. Township 80 North. Range II West
W . is, u, :. q q :. Z
Amy person having any objection to tho grant
ing Of said application and the sale of timber
hereunder arc required to file in this office, q
written protest duly subscribed and sworn tc
against the granting OF said application AND
the sale OF timber as aforesaid, within twont,
days from the date OF the last publication o.
this notice, viz !; Aug. Goth. 1902.
JSo. 7. JOYCE, Register,
The Dolores star., 1902-08-08
Timber Land, Act June 8, 1S7S-Noticc for Pub.
lcatinn
United Statos Land Office. /


Durango, Colorado June 49, 1902
Notice is hereby given that in compliance
with the provisions of the act of Congress Of
Juno 3, 1878, entitled AN act for tho salo of
timber lands in the States Of California, Ore
gon, Nevada, and Washington Territory" as ex.
tended to all the Public Land States by act OF
August 4, 1892,
Robert f. Foster, of Dolores, county of Monte
yuma. State of Colorado, has this day filed in
this Office his sworn statement No. 5S5 for the
purchase Of the NV OF section 20 in township 81
n, range law, N MPM,
And will offer proof to show that the land
sought is more valuable for its timber or stone
his claim to said land before the Register and
Receiver Of this office at Durango, Colorado, on
Thursday, the ith day Of September, 1902.
He names as witnesses: George B. Clinton,
Thomas I. .Chadd, William Wiser and Bert
Danforth, all of Dolores, Colorado.
Any and all persons claiming adversely the
above-described lands arc requested to file their
claims in this Office on or before said 4th day OF
September, 1902.
F. c. PERKINS, Register.
First pub. June q last August %, 'oe.
The Dolores star., 1902-08-08

Purely in politics, fair and Just laws,
honest officials, equal rights to all and
fair wages can all be secured by proper
work at the ballot box The voters of
this country have it in their power to
secure anything they may desire if
they will lay down party lines. Every
person who casts ballot should know
the character, ability and honesty of
every man they vote for or against
They should study the life of every
candidate from every side and if his
character will not bear the light, turn
him down. No question should be
taken for granted because it is a party
measure. Both sides should be weighed
in the balance. And in this age there
is absolutely no excuse whatever for
any man or woman being unfamiliar
with any proposition touching ques-
ton. Of national or local import. The
Creator has endowed every person with
means of determining what is best,
what is right or wrong and he who
fails to Use it must pay the penalty.
The Dolores star., 1902-08-08
Timber Land, Act June 8, ls7s.-Notice for Pub
LEGATION.
United States Land Office,
CaLt0 l5tdteb IJHIlu OIIlCt,
Durango, Colorado, June 10, 1902.

Durango, Colorado June 10, 1902.
Notice is hereby given that in compliance
with the provisions Of the act of Congress OF
june 8, 1878, entitled "An act for the sale Of
timber lands in the States of California, Ore
gon, Nevada, and Washington Territory as ex-
tended to all the Public Land States BY act of
August 4, 1892.
George b. Clinton, of Dolores, county of Monte
yuma, State of Colorado has this day filed in
this ohce his sworn statement No. 5S6, for the
purchase Of the sw 4 OF NV THE W of sw 1
and ne I Of sw Of section II in township 81 II,
range IA w,N MPM,
And will offer proof to show that the land
sought is more valuable for its timber stone
than for agricultural purposes, and to establish
his claim to said land before the Register and
Receiver of this office at Durango, Colorado on
Thursday, the 4th day Of September, 1902.
He names as witnesses: Robert F. Foster
Thomas T. Chadd, William Wiser and Bert
Dhnforth, all of Dolores, Colorado.
Amy and all persons claiming adversely the
above-described lands are requested to file their
claims in this office on or before said lth day
Of September, 1902.
F. c. PERKINS, Register.
First pub. June "a last August 20, 'O2.
The Dolores star., 1902-08-08
Timber Land. Act June 3, 1s7s.--Notice for Pub
lication.
limited Statea Land Office 1
UnIted Statee Land UfhCc,
Duranun Cnloradn tuuuat , IQ0c {

Durango, Colorado. August 5, 1902
Notice is hereby given that in compliance
with the provisions Of the act of Congress OF
June 8, 1873, entitled IAN act for the sale OF
timber lands in the States of California Ore
gon, Nevada, and Washington Territory" az
extended to all the Public Land States by act Of
August 4, 1892,
William E. Grain. OF Telluride, county of San
Miguel, State Of Colorado, has this day filed in
this Office his sworn statement No. 604, for the
purchase OF the n of SO I, sw Sc OF section 70
and NV 4 OF ne ! section % in township 81 n
range IA W, n MPM,
And will offer proof to show that the land
sought is more valuable for its timber or stone
than for agricultural purposes, and to establish
her claim to said land before the Register and
Saturday, tina 18th day Of october. 1902. -
He names q g., as witnesses; !. Hersshel Y, Hogs
H. B. Pringle and George Ditchdeld of Rico
Colorado.
Anv and NIL persons clnimins adversely the
above-described lands arc requested to file their
claims IN this Office ON or before said 18th day
of October, 1902.
F. C. PERKINS. Register.
First pub aug =; last oct 10
The Dolores star., 1902-08-08

The springs on the range, which us-
ueliy furnish an abundance of water
for stock, have almost entirely dried
up and cattle men are forced to pump
water for their stock. This Is an un-
precidented occurrance, and unless a
good rain comes soon the springs will
furnish no water for pumping.
The Dolores star., 1902-08-08

DIR. John Wynns and mother, who
haze been visiting Mrs. Wynns'
brother, II. b. Wallace, and family,
departed on Monday last for ,heir
home in Sturgess, Ky. They We're ac-
coEipnnied by Harvey Wallace, who
will attend college there. ~
The Dolores star., 1902-08-08
Teachers Examination.
). w. DENNEY.

In compliance viii Sec Is Of the School Laws
OF Colorado. will meet all persons desirous ,,l
passing an eKamination as tenchers in tha
Court Room at Cortex, Montezuma County,
Colo Aug. 18th aud 10th, 1902.
Morning session from u. m. to l2 m
Afternoon session from 80 to 4 80 p. m,
N.0O. See Soc. 81 4. School Law, Z!
A. 7. SAMSON Deputy. =.
Last pub. Aug.
The Dolores star., 1902-08-08
Timber Land, Act June 3. ls7s-Notics for Pss
lication.
United Stat0s Land OHoo,
Durango. Colorado, Aug. 3. 1872, 1

OHltS0 otAG01 Lana on0o,{
Durango, Colorado, Aug, 3, 1852.
Notice Is hereby given that in sompliaae:
june 8, 1878, entitled AN act for the sails Of
timber lands in the States of California, Ore
gon, Nevada, and Warrington Territory" a. sx-
tended to all the Public Land States by act Of
August I, 1892,
Herschel NJ. Hegg of Telluride, county Of San
Miguel, State Of Colorado, has this day alsa in
this office his sworn statement No, for the
and ne I NV OF sec ~ IN township 81 n. range
Il " NJ Pm
And will offer pr,nf to show that the land
sought 10 more yainat.lo Tar it's timber or stone
M than for agricultural araase.; and to establish
his claim to said l,il scfDro tho Register and
Receiver of this Office ut niranso, Colorado, o.
Saturday, the s5th day o; October, 1902.
He names rs witnesses: s. r. Fitxgarrald,
W. E. Grain and VI. B. Van Alta all Of Telluride
Colorado, and George Ditchfsld Of Rico, Colo.
Any and al persons claiming adversely ths
claims in this Office on before said 18th day
of October, 1902.
F.C. PERKIxs. Register.
First pub. aug 8; last oct 10, 'o2.
The Dolores star., 1902-08-08

THE travelling engineer of the d. &
X. G., Mr.. Wilson, came in on the
freight from Rico last Tuesday and WIS.,
tied his old friend, John HarrIs, until
noon.
The Dolores star., 1902-08-08

l.. F, Guthrie and family left to-
day for short camping trip on Beaver
creek. They will extend their outing
10 the West Dolores soon,
The Dolores star., 1902-08-08

Cloud bursts on the Arkansas river
did so much damage to the railroad
near Pueblo that no eastern mail was
received here yesterday.
The Dolores star., 1902-08-08

All whiskey is good, but if you want
some that is simply perfection, try
some Of that esquire" Wallace has at
p cents drink.