davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-30
|NEED MAKE
NO RETURN
uCoIIegeHeld
to Be Exempt
From Tax.
Frear Dissents From
the Controlling
Opinion.
Court Declares That College Is
Not Liable Because II Failed
to Claim Exemption.

Three opinions are fled by the three
Justices of the Supreme Court in a de-
cioion sustaining the tax courts assess
ment of property on Miller street be-
longing to Oahu College. The court in
an opinion by Judge Galbraith holds
that the college is entitled to exemption
even though not claimed in the tax re-
turn. Judge Perry concurs and Chief
Justice F'rear dissents.
| The syllabus is as follows:
1T is not necessary to make return
for purposes of taxation of property
which, by virtue of the provisions of
| Section S36, c. L., is not subject to tax
| alton, nor to claim in the tax return
that such property is exempt.
"A failure to make return and claim
of the exemption TO the assessor is not
a waiver of the right to demand the
benefit of the statute.
1.-The valuation of s25.OOO placed on
the property by Tax Appeal Court is
affirmed
The college trustees claimed exemp-
ton on a part of the Miller street prop
erty used for school purposes, which
the assessor held was waived by fail
ure to put the exemption in the tax re-
turn.
Judge Galbraith says in his opinion
that school property is exempt and to
hold that there can be any waiver
would be an act of legislation pure
and simple and is beyond the rightful
power and duty of the court
Otherwise every property owner
would have to make a return whether
owning less than $500 or not. The court
continues:
Where property is exempt, it is not
subject to taxation and there is no rea-
son for requiring il to be returned and
valued.
This Interpretation has the support
of. the construction of the officers whose
duty it was to administer the law and
usage under it, whatever weight such
construction and usage may be entitled
to.
I'VE understand that it has not been
the practice to require the owners of
exempt property, under Section $50, to
return the same; that no return has
been REQUIRED of the property belong
ing to the Territorial Government or
the Queens Hospital or the Board of
or churches and colleges of
property in actual use for religious or
educational purposes
Judge Perry in concurring says that
only property subject to taxation"
must be returned. He thinks also that
the two acres assessed at s25, 900 should |
not be taxed but says the college did |
not appeal from this valuation
Chief Justice Frear holds that the |
property must be taxed because no ex-
emption had been claimed. He says:
There is a difference. between property |
that cannot be taxed under any cir |
cumstances and property that is or |
dinarily taxable under the law, but |
which for some especial reason is ex-
empt in a particular case. In the one
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-30

DEARRHOEA Is more to be dreaded
than diphtheria. It attacks all ages and
is equally fatal to young and old. The
great mortality resulting from diar-
rhoea Is due to the lack OF proper treat
ment at the first stages of the disease.
Chamberlain's Collie, Cholera and Diar-
rhoea Remedy is a reliable and effective
medicine, and If given in time viii pre-
vent serious consequences. This rem
dy never fails and is pleasant to take.
Every household should have a bottle
at hand Get Il today. It may save g
life. Benson, Smith & Co.. wholesale
agents, sell It.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-30
JOHN k. SUMNER
Is I'M DEFAULT

| Motion for default for want of answer
has been filed in the case of w M
Campbell VS.. John K. Sumner. Davis
it will be remembered claims to hold
a power of attorney by which he is to
act for Sumner in all litigation, but he
did not file an answer in the Campbell
suit.
An inventory of the estate of w. H.
McGregor was filed yesterday showing
its value to be $17SS.
The Alameda divorce case was before
Judge Gear again yesterday morning,
the plaintiff bringing in another sister,
Mrs. Costa, and her husband to show
that she had not been properly treat
ed. The court took the matter under
advisement.
Mechanics liens were filed yesterday
against f. NJ. Swanzy by Constance
Sterling for s957.4s and by The A Har-
rison Mill Co. for So, 906.26
Judge De Bolt yesterday granted
new trial in the case of Lum Sing VS..
Mrs. Marion Luning Hoyt The mo-
tion was based on the alleged neg
ligence of F. w. Hankey, attorney for
the defendant, whom Mrs. Hoyt says
deceived her, and gave her to under
stand that he had effected a settle
ment.
Judge Gear has not dismissed the
Williams divorce case finally, but has
given time for the bringing in of more
evidence. He held that the case had
not been proven as to two Of the
charges.
Judge. De Bolt has ordered the dis
miseaI of the suit Of Lucy K. Peabody
VS.. II. r. Macfarlane ct al, as to Mac
farlane and ]. M. Dowsett.
The case of 7. r. Mossman VS.. Bish-
op Museum Trustees has been dismiss
ed because of improper service.
Exceptions on appeal have been all
lowed by Judge De Bolt from his de-
cision in the case of Lyle A. Dickey VS..
Honolulu Rapid Transit & Land Co.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-30

case the property is not subject to tax
alton at all; in the other case. 1t may
be taxed unless the party entitled to
the exemption claims his special privi-
lege and shows that he comes within
the exception 10 the general rule
The Chief Justice says also that the
statute is uncertain and inconsistent
in many respects so that it is hard to
learn just what the legislature real
iy intended.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-30
Elegant Homestead at Auction.

The valuable premises recently occu-
pied by Mrs. NJ. L. Hoffman,, Wyllie
Morgan on Monday next, June l, at u
o'clock noon, at his salesroons. Terms
one-third cash, two-thirds on mort
gage at six per cent. Area about 21z
acres.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
n. Y. Law SCHOOL EXERCISES.
Degrees to lS7-Still . Wide Field for
Good Advocates. Judge Tells Them.

Degrees to lS7-Stil . Wide Field for
Good Advocates. Judge Tells Them.
At the twelfth annual commencement
OF the New York Law School, held last night
in Carnegie Hall, the Bachelors degree
was conferred on 1872 members OF the
graduating class and the degree Of Master
OF Laws on eight post-graduates. Dean
Chase announced these prize awards:
Day School, Seniors-First prize, $50. TO- Reid
L. Carr OF Mlddlebury. W.: second Slo0 to NJ. W:
Wood Of Brooklyn: third S75. to Wallace Stevens o.
Reading. Pa. third year class. 500 70 Eugene II
Hawkins. Evening school, scniors-&l00 TO Pau! ]:
DOnnelly OF Brooklyn. The prize tutorship. WV
a year for three years. to Reid L. Carr.
Justice Fitzgerald Of the Supreme Court,
in his address to the graduates, said there
was wide field and a good demand for good
advocates. And by good advocate,
said he, Il mean person who understands
thoroughly how to examine witness
without putting a single leading question,
one who can get the whole story. without
having to put Els questions In an objection
able manner and who, when he breaks down
the witness on some material point, doesn't
betray the fact by some side remark or con-
gratulatory laugh which puts the witness
on his guard and leads him to explain or
try to correct himself
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
BONUS ON SUBWAY EASEMENTS
To Subway Realty Cor. r. Commission
Votes to Try to Cut II.

Comptroller Grout, who objected to tho
payment OF bill for about 81 900 900 pre-
sented by August Belmont for property
that had been purchased for the purpose
OF providing easements for the underground
railroad, told the Rapid Transit Commission
yesterday that most OF the property had
been bought through the Subway Realty
Company, q subsidiary concern Of the
Rapid Transit Construction Company. In
addition to carrying and interest charges the
realty company had charged bonus Of
10 per cent, amounting to about 100 900,
on it's transactions. He suggested that
an effort should be made to compromise
for per cent. A resolution to try it was
passed by the board.
FREE TRANSFERS FOR A FRANCHISE.
As an inducement to the Rapid Transit
Commission to grant his application to
connect the subway with the elevated
railroad line at 10th street, near Brook
and Westchester avenues, August Belmont
wrote to the board yesterday that paseen-
gers would have free tran sfers at the juno
ton. Mr.. Belmonts want the privilege OF
making the connection. which will cover
about two city blocks, without paying
compensation for the privilege. Some OF
the Commissioners were disposed to assent,
but the Mayor put his foot down hard.
This board, he said. fought to take the
sOnnd now and for all time that there shall
be no occupation Of public streets by any
company without proper compensation to
the city"
It was decided to hold public hearing
before deciding.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
TRACK WAR At TUCKAHOE.
New York and Harlem Prevents Unisn
Trolley Co. From Crossing Its Lane.

New York and Harlem Pfeve0S Unlon
Trolley Co. From Crossing Its lane.
MOUNT VERNON, N. Y, June 1l-At cost
Of $500 day. the New York and Harlem
Railroad Is keeping a train Of cars and
fifty men at Tuokahoe to prevent the Union
trolley road from crossing its tracks and
effecting a connection between the trolley
lines Of Yonkers, Mount Vernon and White
Plains. The train consists Of locomotive
and two cars filled with men armed with
picks and shovels. Last night the main
feed wire which the trolley company had
cut down by gang Of the Harlem Railroad
employees. who hurried down on a special
train sent from White Plains. The trolley
company claims the right to make the con-
nection. because the village board Of Tuck
ahoe gave it franchise on Main street I,
which is intersected by the tracks.
Supt. Miles OF BELOW d Merritt. the con-
tractors who are trying to put in the cross
over for the trolley comp any. made two
attempts this afternoon to run q trolley
car down the steep Tuckahoe hill and get
it across the Harlem tracks. thereby estab-
fishing the right to cross, but he was re-
pulsed each time by the railroad men. who
dug a six-foot ditch beside their tracks
to prevent the car from running across.
The railroad company's superintendent
says that the street car line has no right
to cross, and that he will keep a train and
gang Of men on guard month II necessary
to prevent it,
The trolley company has big gang OF
Italian laborers on the ground day and night
and the minute there Is a chance they will
pitch in and lay the cross-over.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
Ben jSmln-Prime.

Miss Charlotte Hoffman Prime was married
yesterday to William Massena Benjamin in
Huntinst the rector. The bride was given
sw x X her ss, ahs1 neTa with Print on a sse
which has been family possession fer
diamond sunburst. presented by the bride
groom. and she carried shower bouquet of
lilies OF the valley.
Mary V. Hoffman Margaret d. Gardiner.
Maud c. Folsom. Marion Armstrong, Helene
Lucas and Justine Erving were the brides
malds They wore pink sllk costumes June. yelled
hats. faced with pink chiffon and trimmed
was the best man and John Hum phries, Arthur
Osgood Choate, James NJ. Aertsen Darrach.
Charles r. Swords, Charles Lawrence Riker,
Richard i. Morris. Rogers H. Bacon and
John H. Prentice were ushers.
Mr. and Mrs. Ed ward Prime gave a ce-
ception In their apartm ents In the BpckinE-
a new home at 0arrisons on the Hudson.
The bride Is a granddaughter OF the late
Edward Prime, the banker. Mr.. Benjamn is
a grandson OF Mr.. and Mrs. Hamilton Fish. sr
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
Big BLAST SCARBS BROADWAY
HOTEL AND SHOPS BOMBARDED
FROM THE SUBWAY.
Rocks Strike the Cadillac - Far - -
the Sixth Floor-window Broken On
the street Level-N0 Ono Injured
Man In Charge OF the Blast Arrested.

Rocks Strike the Cadillac - Far - q
the Sixth Floor-window Broken on
the street Level-No Ono In)red
Man in Charge OF the Blast Arrested.
A heavy blast in the subway on Broadway
about fifty feet north Of Forty-seoond
street, Yesterday afternoon. shook the build
ines for a block in either direction and
scared the occupants. The explosion could
be heard for many blocks.
No one was injured, though rocks 80
and loo pounds in wei ght were thrown
high In the air. Several big pieces Of
stone we're thrown as high as the sixth
story Of the Hotel Cadillac at Broadway
and Forty-third street.
There has been much blasting on this
part Of the tunnel and the small chop
keepers on the east side Of Broadway. b.
tween Forty-second and Forty-third
streets. have had many scares. The one
yesterday was the worst 80 far.
Before the explosion half a dozen men
began to warn pedestrians. although ordi-
narily that work is left to two men.
Franks fruit store. at l4sO Broadway, 10
directly opposite where the blast was set
off. He and two assistants were standing
in his shop when a rock came crashing
through the plate-glass window. With IT
came a shower of smaller stones through
the open door. and Frank and his employees
fled to the rear
Hattie Saba, the newswoman. who has q
stand on the corner Of Forty-third street,
ran into hallway just in time, for . rock
landed where the she had been sitting
The explosion shook the Cadillac, and
many OF It's patrons left their rooms In .
hurry. Big rocks struck the southwest
corner Of the building and left dents - far
up as the sixth story. In one Of the rooms
a stone broke the glass OF picture.
Policeman Coolie Of the West Forty
seventh street station arrested Patrick
Gilfoyle Of %0a East Seventy-second street,
who had charge Of the blast. The Degnon-
Mclean Contracting Company is doing the
subway work at this point.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
THIS Is THE ENGINEERS AGE.
50 Rear Admiral Melville Tells the 10
Graduates OF Webb's Academy.

50 Rear Admiral Melville Tells the 10
Graduates OF Webb's Academy.
A graduating class Of sixteen received
diplomas yesterday at the seventh annual
commencement Of Webb's Academy for
Marine Constructors and Marine Engineers
Rear Admiral George W. Melville, U. 8. N,
addressed the graduates and students on
Engineering as a Career, and the Attain
nent OF Success"
THE engineering profession dominates
the age" said Admiral Melville. Owing to
the fact that he is best qualified to under
stand and o perform the largest and most
important share Of the worlds work, the
engineer is, by a process Of natural evolu-
ton, called upon to act in an administra-
tive capacity in both public and private
affairs"
The other speakers were Stevenson
Taylor, president of the board Of trustees;
Harrington Putnam and Stephen M. Wright.
Ralph Devereux Humphrey replied on
behalf Of the graduating class.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
The CRY FOR MORE GERMAN
TAKEN TOTHE MAYOR UNITED
GERMAN SOCIETIES..
School On,cials Protest That They DO Not
Understand the Outbreak. Since the
study Has Not Been Curtailed hut
Rather Extended-MayOr to Consider.

H2tlcr ExtcnOeO-N4yOT ~ SOubIuCTs
A delegation from the United German
Societies of New York called on the Mayor
Yesterday morning to ask him to use his
4good Offices with the Board of Education
to the end that the teaching of German
should not be abolished in the elementary
schools" The delegation was made up OF
DR.. H. A. c. Anderson, chairman. and
Rudolph Cronau, A. Arms, B. Nagelschmitt,
and Gustav j. Voss. There were also pres
ent, as representative Germans, Henry
Pfeiffer, Fritz Hitzegrath, Theodore Kruger,
Max Eckmann, Christian Krohn, Louis
Haimbach and August Ganzenmuller.
DR.. Anderson presented to the Mayor
long petition which recited reasons why
German should be thoroughly taught in
the elementary schools, the reasons being
backed up by quotations from well-known
educators, including Andrew D. White,
tending to show that the study Of the Ger
man language and literature is a fine and
a civilizing thing for American boys and
girls
represented 12l organizations. having
membership Of over $4,000. The petition
says:
tion OF the city of New York are either Ger
man by birth or descent, good citizens and
taxpayers, who have the right TO expect that
their wishes In matters appertaining TO the
education Of their children pc considered and
not be considered as foreign in the city Of
New York because it Is the second language
Of the country The American who has &C.
oured the German language, no matter at
what cost. has never regretted II. In our
country. knowledge OF German Is almost
DR.. Anderson supplemented the petition
VIII this statement I'VE believe Supt.
Maxwell has no practical knowledge Of
this case, and we believe that the schools
are in the hands Of an inexperienced
officer"
The Mayor told the committee that he
would take up the question and give 1t
careful consideration.
Supt Maxwell and most Of the Board OF
Education can't understand what the Ger
mans are making all the fuss about Under
the old plan, German was taught to those
pupils OF the grammar schools OF Man
haitian only whose parents wished them to
study the language, during period OF
two and half years, two hours week.
1t was regarded as an extra, and the pupils
received no class rating. 1t ia now pro-
posed to make the study Of either German,
French, Latin or stenography compulsory
In the grammar grades OF all boroughs for
five hours a week for one school year. The
pupils will receive a class rating in which,
ever one of the biects he may elect, and
he must pass q regular examination. In
other words, the total number OF hours Of
study il the same as before II the pupil
now elects German, and the instruction Is
extended to the whole city.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
Commencement At Wells Collese.

ITHACA. N. Y. June n.-Commence-
ment week at Wells College. Aurora, closed
to-day with the commencement exercises.
Prof. Arthur Graves Garfield was the
orator. The following Ia the list Of grad
yates: Anna Baldridge Helen Ward Bank.
Mary Stewart Emery, Florence Sawyer
Fream, Phebe Elizabeth Goodspeed, Elsa
Lucille Grant, Adelaide Caroline Holton,
Ethel Austin Jacobs, Sadie knipe. M M1;na
Patterson. Mary Elizabeth Plaisted, Roberta
Clare Shane, Marguerite Fine Strong,
Evelyn Louise Swain. Maude Elizabeth
Tennent. and Ethel Louise Towar.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
tho woman to Mrs. Watt, causing his wife

the woman to Mrs. Watt causing his wife
great anguish.
Under the present law DR.. Van De Water
Is entitled to defend himself. At his home at
at West l22d street, yesterday after
noon, it was said that DR.. Van De Water had
gone out OF the city at 1890 clock in the
morning and would not return until
Saturday.
In the affidavits made in Mr. Watts be-
half last year 1t was alleged that the clergy
man mentioned (but not then named) spent
a great deal Of time with Mrs. Watt on board
her husbands yacht at late hours Of the
night, and on the word Of the yacht g
stewardess 1t was charged that Mrs. Watt
accompanied the clergyman to church
yacht late at night, and also that Mrs. Watt
and the unmarried clergyman visited
saloons together and drank highballs.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
JOTTINGS .ABOUT TOWN.

Judgments OF absolute divorce were granted
yesterday by Justice Geger1ch to Matilda bckin
son from Watson T.. Dickinson. to Ernest J. King
from Ida King. and to Leonia Frankel from julius
Frankel.
Plans have been Med with the Building Bureau
for the enlargement and remodelling Of the Dansh
house OF Calvary Episcopal Church, = Yourth
avenue and Twenty .nrst street. by the q Ssen Of
q three story extension, at a cost Of $1,000.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12

history teaches US that We will be engaged
In another war. pray 1t may never come. but
it viii come. Prepare your country for that
war. when war comes the Regular estab-
lishment will be but small part Of 1t. Pre-
for the Regular, the National Guardsman and
the Volunteer, 1t is the latter who fight th e
battles. You have the traditions Of this old
ity Of Officers and gentlemen and self devotion
to your country stand first In the obligation
you assume.
The exercises closed with the benediction
by the Right Rev. William F. Nichols,
Bishop Of San Francisco.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
GAMBLING LED TO SUICIDE.
Samuel Reuben Lost His Saved.up $500
and Took Poison.

Samuel Reuben. "a years old, committed
suicide by drinking carbolic acid in his
room at ll2 Second street, early yesterday
morning. Reuben was a tailor, whose habit
was to live savingly until he had saved
enough to gamble with.
He started out on Saturday night with
500 and did not again turn up at his home
until late on Wednesday night, when all
his money was spent. Then lie took poison
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
AGED widow Hangs Herself.

ROME. N. Y, June ll.-Despondsnt over
the recent death Of her husband. who had
been a prominent lawyer, political speaker
and intimate acquaintance Of the late
Senator Roscoe Conkling, Mrs. Eli s. Bears,
70 years old. hanged herself in a bedroom
at her home here this AFTERNOON, using .
clothesline which she threw over q door.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
Ware-ImIACh.

Miss Grace Imlach. daughter Of the late
william Dundas Imlach. was married to
Alderman Franklin Backus Ware last evening z,
in the First Reformed Episcopal Church. BY
Bishop. Sabine. Miss jennie Hartman, was
Lola .Hurd. Isabel Allan and May Wallace
were bridesmaids.
William Bertram Imlach, brother OF the
bride, was the best man, and Harry Jansen
CRAWFORD, ex-Comptroller Ashbel p. Fitch. Jr,.
Richard Cochran Hanson and Oscar Wagner
were ushers. A reception. was given at 500
West End avenue by Mrs Imlach.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
GreAne-Ftsh.

AMSTERDAM. n. Y. June n.-Miss Susan
Elizabeth Fish Of this city and Zina Paul
Greene. a banker Of Troy. were married at
OF the bride. the Hon. and Mrs. John Kellogg.
The ceremony. was performed by the Rev;
Pr Henry MSnwsn. pastor Of the Second soond
was Miss Olive Kellogg Fish. sister Of the
bride. and the bridesmaids were Mss Eliza
% MON He cor ss * Trey Cousins " the con-
tracing parties. The best man was Stephen
Moves Wager Of New York. There wns
breakfast followed.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
Don,aschetiitz-Gast .

Miss Maria Louise Cast. daughter OF Mrs.
Augusta NJ. C. Cast and the late John Cast.
who was the publisher Of the New York
a musician and composer. were married last
evening In st. Luke,s Lutheran Church In
hs T Ths Rsr
VI. W. Ludwig. the pastor, ofIiGisted., Miss
Lulu Random was the bridesmaid and Fritz
there was a reception at the home OF the
bride o97 hdephi street.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
STEAMER HALIFAX FLOATED.
She Had Stranded on Hen and Chickens
Hh0Al.

HALIFAX, N. s., June l1.-The steamer
Halifax Of the Canada Atlantic and Plant
Steamship Company, which NJ. F. Plant OF
New York sold last week to syndicate
composed of Boston men, went ashore this
morning at the entrance to this harbor
as she was coming in from Charlottetown
en- route to Bos ton.
The Halifax struck in a dense fog on the
Hen and Chickens shoal an hour before
high water.
Three hundred tons of cargo were
lightered from the Halifax and the paasen-
gers landed at o'clock tonight. When
the tide was high the steamer came OF the
rocks under her own steam, apparently
undamaged.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
HinCkle-L0wry.

Miss Florence Marion Lowry and william
terday afternoon at the home Of. the brides
stepfathsr and mother: MI an ad. Mr. IT,. John In
the Rev. ". r. Richards The bride was. at
tended by Marion Hayden as flower maiden.
Herbert Bell was the best man. ThereIw wore
no brides ma ids or ushers.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-12
Died Of Smallpox in Her lOlst Year.

INDIANAPOLIS. June li.-Margaret Dick
erson, who was 100 years old on March rs.
died of smallpox last night. She had
smoked pipe since her seventeenth year
and raised her own tobacco.