davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-31
AN ANCIENT
JUDGMENT.
Offered for Entry
After Many
Years.
Albert Christian Defends
Possession OF Ills
| Young Wife.
Jury Out Long Time-A New
| Attorney-Hasey Trial.
Divorce Suits.

A Supreme Court suit of q kind not
often brought has been filed. 1t is
under the title of Punilama (w) VS..
Mele (w), a case decided by the SUI
preme Court in banco at the November
term of 1868, just thirty-five years ago.
The judgment then given was against
the defendant Mele and her. husband,
Maikai, for the possession of certain
premises at Auwaiolimu. Honolulu,
being a triangular lot with sides IS x
So x 65 feet.
r. Maka by his attorneys, Castle &
Worthington, represents the foregoing
facts to the court, also the following,
condensed from his petition: No for
NAL Judgment was entered by the
clerk and no execution on judgment
taken out, but Punilama the plaintiff
and her husband, Awahua, entered into
possession of the premises under the
judgment. Mele, however, continued
to live in two rooms of a house upon
the premises. Subsequently to the
judgment the interest of Punilama was
conveyed to the petitioner, r: Maka,
who further says:
"That, as your petitioner is informed
and believes, the said Mele continued
after the Hawaiian fashion (being a
friend of the former owners of the
land), to live in said rooms and. so
far as your petitioner knows, without
paying any rent therefor other than
occasionally paying something toward
the water rates, but without making
any claim to any right there, excepting
by the consent of said Punilama and
her successors in title, until a recent
time, namely, within less than one
year when she, under the advice OF
others, first made two claims that she
] had a right to the land; first, that she
| had a right to the whole land under q
deed from Punilama, being the same
| deed adjudicated to he void in this
| action; and, second, that she had
right to live there on account of lone
residence, and being notified declined
| to remove from said land. That sale
| 1isaikai is dead"
| &The prayer of the petitioner is thaf
| tine court may order a writ Of scirs
| facias to issue to Mele, to appear be
| fore the Supreme Court and show
| cause why Judgment should not bt
formally entered in favor of the plain
| tiff and against the defendant, aut
| why execution against the defendant
| for possession of the property shoult
not be issued.
| JURY TRIALS.
| The trespass case of w. J. Lowrit
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-31

THE HAMMER
KNOCKS ALL
No Law for Redemption
OF Property After
1t is Sold.

There is no statute in this Terri
tory authorizing a mortgagor or other
party in interest to redeem mortgaged
property after foreclosure sale.
"A judgment creditor of the mort
gagor has no right to redeem the
mortgaged property after sale under
foreclosure in the absence of a statute
expressly comforting that right
The foregoing is the syllabus OF a
unanimous decision of the Supreme
Court in the suit of Aseu Brown VS..
Hattie Bannister and Andrew Bannis-
ter, her husband, and A. Virgins.
Justice Galbraith is writer of the
opinion, which affirms a decree os
Judge Gear sustaining a demurrer ard
dismissing bill to redeem property
sold under foreclosure of mortgage.
While under mortgage the premises
of Andrew Bannister were advertise !
to be sold on April 4, 1902, under an
execution on judgment in favor of
Aseu Brown, plaintiff in this case, bur
on March 10, 1902, the property was
sold under foreclosure of a mortgage
executed in 1898. Hattie Bannister
was the purchaser for $40. Virgins
was q subsequent mortgage of the
premises. On March 10, 1902, the
plaintiff rendered to Hattie Bannist ar
the amount of the purchase money
and expenses, and demanded a con-
veyance to herself. the plaintiff. This
demand being refused, Aseu Brow. Il
brought bill in equity for an order
compelling conveyance OF the prem
ises to her on the payment Of the pur-
chase price and the necessary expen-
ses. A demurrer to the bill was sus-
tanned on the ground that the bill
failed to state a cause Of action.
The court finds that, assuming the
plaintiff by the execution obtained q
valid lien on Andrew Bannister's in.
terest in the property, this interes,
at that time was no more than an equi-
ty Of redemption and by the sale under
the power in the mortgage this interes
was foreclosured, cut off and termina-
ted. Andrew Bannister, the mortga-
eor, had no right to redeem the prog
erty after the sale and certainly hi.
creditor, the plaintiff, had no greater
right in it than he had.
Whatever the plaintiffs rights may
have been prior to the sale, had sh,
availed herself of them. it is clear
thai after the sale she had no right to
redeem the property in the absence of
statute expressly comforting tina
right. There is no statute in this Ter
ritory giving to mortgagors or other
parties in interest the right to re-
deem property sold under foreclosure
proceedings"
The opinion is signed by Chief Justice
Frear and Justices Galbraith and Per.
ry. Frank Andrade appeared foi
plaintiff; Smith & Lewis and Louis ]
Warren for defendants.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-31

bottle Of "Wampole's Prepara- ]
tion," and without it none is
genuine. It is palatable az honey
and contains the nutritive and
curative properties of Pure Cod
Liver Oil, extracted by us from
fresh cod livers, combined with
the Compound Syrup of Hypo-f
phosphites and the Extracts of
Malt ard Wild Cherry. Taken
before meals it creates an appe2
tite, aids digestion, renews vital
power, drives out disease germs,
makes the blood rich, red and
full of constructive elements and
gives back to the pleasures and
labours of the world many who
had abandoned hope. DR.. S. Ell.
Mccoy, of Canada, says: II tes-
tify with pleasure to its unlim-
tied usefulness as a tissue bull
der" g It's curative powers GIL al
ways be relied upon. 1t makes a
new era in medicine and repre-
sents the best medical advice of
the twentieth century. Effective
from the first dose. "You can
not be disappointed in it, Sold
by all chemists the world over
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-31
VALUABLE CITY PROPERTY
At Auction,

By order OF the Trustees of the Oahu
College I will offer for sale at Public
Auction, at my salesroom, S57 Kaahu-
manu- street,
ON SATURDAY, NOV. z, 1903.
AT 70 O'CLOCK NOON,
That valuable parcel OF City Prop
erty situated on Beretania, Miller and
Vineyard streets.
Property has a frontage of 1875 feet
on Beretania street, 1918 feet on Mil
Ter street, 1885 feet on Vineyard street,
and contains an area Of 1920 square
feet "a little more or less).
This property will be offered at auc-
ton at an upset price OF $45.00o.00.
Terms: The present mortgage of
$40, 600 can remain on mortgage at AZ
per cent. per annum until November
LIST, 1904, to q purchaser satisfactory
to the mortgage.
A small portion of this property (cor-
ner of Miller and Vineyard streets),
is under lease until December 18th, 1904,
at an annual rental of s240.
This valuable property can be divid-
ed into business and residence sites
and Is one which commands the in
spection Of investors.
Maps can be seen at my office where
all information can be obtained.
| JAS. F. MORGAN,
AIJCTIONEER
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-31
Cottage to Rent
and f urniture
for Sale

Comfortable cottage of bedrooms,
dining room, parlor, kitchen and bath.
Rental, SIC per month.
Furniture of above for sale.
Premises, 1343 Alapai street.
Apply to
JAS, F. MORGAN,
Kaahumanu street.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-31
Death of Mrs. Gartner.

Gartner at FL Paso, Texas, on Octo-
Der 10. was received by friends in this
city by the steamer Siberia. Mrs.
Gartner was the wife of F. A. Cart
ner. who, during Colonel Ruhlens re-
gime here was Superintendent of Con-
struction of the U. S. Army Quarter
masters Department. Mrs. Gartner
resided in Honolulu for about two
years and was 4--ghly esteemed by
many friends, who will be panied to
hear of her death. Mrs. Gartner's
remains were taken to Delaware,
Ohio, the family home, for interment.
The japanese fair was well patroniz-
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-31
MOTHER AND CHILD

SCOTS Emulsion is cod
liver oil made almost as
palatable as milk. 1t is easy
and soothing to the weak
stomach; it checks the ten
denotes of children toward
thinness.
SCOTS Emulsion gives
strength to weak mothers be-
cause it creates healthy flesh
and new blood.
Nursing mothers will find
a special value in SCOTS
Emulsion because it insures
a flow of rich, nourishing
milk for the baby. More and
better than a medicine;
SCOTS Emulsion is a food.
SCOTS Emulsion is not a
mere extract, containing inn
aginary active principles :"
which do not exist, but is full
of actual nourishment which
sustains vital force and builds
up the body tissues more
rapidly than any other known
remedy.
Well send you sample free upon request.
SCOTT & BOVINE, 400 Pearl Street. New York.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-31
OF THE MULTsTUDEs !

who have used it, or are now us.
ing it, we have never heard Of
any one who has been disappoint-
ed in it. No claims are made for
it except those which are amply
justified by experience. In COM
mending it so the afflicted we
simply point to it's record. 1t
has done great things, and it is
certain to continue the excellent
work. There is-we may hon.
estly affirm-no medicine which
can be used. with greater and
more reasonable faith and conf
dence. It nourishes and keeps up
the strength during those periods
when the appetite fails and food
cannot be digested. To avoid
limitations and substitutions, this
:" trade mark" is put on every
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-31

The japanese fair was we'll patroniz-
ed yesterday.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-31

The trespass case of w. ]. Lowrie
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-31

JAS. F. MORGAN,
AUCTIONEER,
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-31
Can't Eat

You certainly don't want to eat IL
You ara not hungry. But you must
saf. end yoI must digest your food,
no Il not, you will become weak,
pale, 4hin. Good food, good appetite,
good digestion, these are essential.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-31

Err Robert Venus, OF Launceston, Tas-
szaniz, sends us his photograph and says:
~ suffered greatly from loss of appetite,
Indigestion. pains in the stomach, weakness,
aEsI6 nGf woasGess. Several doctors tried in
sam 90 sfga Rse relief. A friend then induced
lEe t. ny ayers Sarsaparilla, for it had done
zzzn zagab good. The first bottle worked
ssnnzsrs far me. Soon my appetite came
RzsS. zex Indigestion was cured, anG was
cfraag and hearty.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1903-03-07
LOCAL BREVITIES.

In the Corporation Court today r. l..
Monroe was appointed administrator OF
the estate of G. 0. Monroe, deceased.
Mr.. T. G. Hill will preach at the
Railroad Mission at o'clock tom orrow
evening There will be special music
by Mr.. T. H. Netherland.
Three herring were caught in Hunt
ing creek last night Numbers OF black
bass, perch and yellow other fish are
being caught in this vicinity.
MIR. Harvey Beach, livingat Stone
leigh, Fairfax county, while getting out
railroad ties yesterday nearly severed
one of his feet with the lake he was WELD
ing
During the excitement incident to the
arrest of man on an electric train on
King street near st. Asaph, yesterday
evening, the horse attached to DIR.
Slaughter's buggy started to run away,
but fell on its knees and was brought to
a standstill.
Capt Boardman, of the Washington police
department., lhSt nlsHt IcCcifSu OiS6i"P",N
request from Accotink, that he attempt to
locate two runaway sisters, May and Portia
Brown, aged fifteen and seventeen years. re-
spectively. The request came from the
mother Of the girls, who has an idea that
they have gone to Washington.
The remains of Mr.. Charles W. Holland, who
died at his home on Duke street Thursday
night, will be shipped TO Prince William
county tomorrow morning for interment.
Three freight cars were derailed at Brandy
station, on the Southern Railway, last night;
They were soon replaced on the rails ana
there was no interruption to traffic.
The subject for tomorrow night at the
Gospel meeting, 1l6 south st. Asaph street,
will be "The Judgment-HOw the records OF
our lives are kept
The steamers which arrived up this morn
ing had nothing special to report. The steam
err from Norfolk passed tow of barges on the
way up the river.
/. Schwarz 4 Son, 51s King street, have re-
ceived this week their first spring shipment
of ladies' wrappers, starting as low as 49c up
to $l.50 piece. At the special prices these
goods have been marked down you could
hardly buy the material and trimmings alone,
for the variety is large and all sizes can be
p0ftpn
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1903-03-07
Reforms Promised.

As was stated in the Gazette, Mr.. M.
B. HARLOW, president of the Business
Mems League, made special trip to
Washington yesterday for the purpose
of ascertaining what relief could be al
forded the patrons Of the electric
railroad. He had interviews with the
officials and took up the specifications
made by the commuters separately, to
each of which the officials had a ready
answer. The delay in the running OF
trains was through no fault of the opera
tiyes of the road, they alleged, from the
fact that the number of steam trains
passing over the Long Bridge has in
creased land is steadily increasing.
When electric trains are blocked at
either end it deranges their time tables
and renders it necessary for trains to
pass at points other than those fixed
upon at first. In regard to the condi-
aion of the rolling stock the officials SAID
that had been anticipated some time ago
and new and modern equipments or
dered for some of the cars. Motors
were also to be put in cars now used as
trailers which would make the running
of trains still more satisfactory. They
also assured Mr.. Harlow that the con-
ductors would be instructed to arrest
all persons who in future expectorate In
cars. The company's officials said it
was to their interest to endeavor to
please Alexandria patrons of the road,
as the majority of the passengers were
residents of this city. The income OF
the road was derived from the passenger
traffic between the two cities, and every
endeavor would be made to render the
service satisfactory. Most of the incon-
Yeniences complained of were, it was al
legged. caused by circumstances over
which the company had no control, but
the officials assured Mr.. Harlow that
so far as was in their power they would
rectify the conditions complained OF.
An official of the company told repre-
sentative of the Gazette recently that 1t
was intended to finish the doube-track-
ing between the two cities as soon as
uossible. This would improve condi-
tious greatly.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1903-03-07
The Princeton Disaster.

To the Editor of the Alexandria Gazette
read in the Gazette of last evening
the communication of Col. Berkeley in
reference to the explosion of the big gun
on board the Princeton, with much in
terest, from the fact that well remem,
Der the occurrence and was on the wharf
in this city on the evening of the day 1t
took place. Col. Berkeley's version OF
the matter is correct, but as to what he
says about the interposition of Provi-
dence in behalf of President Tyler 1t
amuses me. ! am satisfied from the
state of public feeling at that time that
if the Presidents head had been blown
off, the majority of the wing party would
have regarded that as providential.
OLD TINE WING.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1903-03-07
Church Services. &C., Sunday.

CHRIST CHURCH-Services at IL a. m. and
30 p. m. by Rev. W. j. Morton
ST. PAUL's CHURCH-Holy communion
at 7:30 a. m. Services at IL a. m. and I:50
D. IN. by Rev. P. P. Phillips.
GRACE CHURCH-Holy communion at 10
a. IN. Services at II a. IN. and 7:SO p. m. by
Rev. c. +. Ball.
ST. MARY's CHURcH-First mass at a. m:
Second mass at 1890 a. IN. Sunday school
at $50 a. m. Vespers at 4 p. m
IMMANcEL LUTHERAN CHURCH-Ser-
vices at II a. IN. and 7:30 p. IN. III English
by Rev. Mr.. Leucke.
SECOND PRESBYTERIAN CHURCH-Sunday
school at $3.50 a. m. Services at II a. m. and
7:S ,p. m. by Rev. DIR. A. l.. Phillips, of
Richmond, Va. He will also address mass
meeting of Sunday School workers and
children at p. IN. in the church.
BAPTIST CHURCH-Sunday school at $3.50 a..
m. Services at II a. m. and at 1880 p. m. by
Rev. DIR. Hunt.
TRINITY METH. EPIs. CHURCH-Sunday
school at $3.50 a. IN. Services at ii a. m. and
7:3O D. m. by Rev. J. A. Jefiers Young
Peoples Meeting at $50 p. nj.
METH. EPIs. CHURCH SoUTH-9:5O a. m;
Sunday school. Services at II a. IN. ana $50
D. m. BY Rev J. p. Stump.
METH. PROT. CHURCH-Sunday school at
9:15 a. m. Services at II y. m. and 7:3O p. m.
by Rev. J. H. S. Ewell.
FREE METHODIST CHURCH-Lee street,
near Wilkes-Services at IL a. m. and 1880 p.
IN. by Rev. J. w. Tamblyn.
SEVENTH DAY ADvENTISTs.-Seventh Day
Adventists Hall, l16 south ST. Asaph street
Preaching at 7.30 p. NJ. by Rev. IL. W. Her.
rell.
CHRISTIAN SCIENCE.-Service at 1lg south
Fairfax street at Up. m.
VILLAGE CHAPEL, NJ. f. CHURCH SOUTH
Gibbon street near Alfred.-Sunday school at
PAS p m. Preaching at 400 p. m. by Rev.
Mr.. Welch.
RAILROAD READING Inconsistencies OF
prayer and praise, with short address, at
4 p. IN. c.
DEL RAY CHAPEL NJ. f. CHURCH SOUTH
Sunday school at 2. Preaching at p. IN.
Epworth League at 2. IN.
AIMS HOUsE-Service at 80 p. m.
MTssIoN-West side of Fairfax street be-
tween Franklin and Jefferson streets.-Serv-
ices at 7:30 p. IN.
MEADE CHAPEL, PROTESTANT EPISCOPAL
(colOred )--NO services.
RoBRRT's CHAPEL, NJ. +. CHURCH COLOR
ed)-Preaching at IL a. m. and $50 p. H.,
Preaching in Cooper Memorial Room, VIM
Mckinley Normal and Industrial School, cor
ner Montgomery and Patrick streets, Sunday
at o'clock by Rev. Robert II. Robinson.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1903-03-07
Missionary to Africa.

Mr. Henry G. Slaymaker has offered
himself to the foreign mission committee
of the Southern Presbyterian church to
90 as a missionary to Africa. He met
tbe committee in Nashville, Tenn, last
Tuesday and was accepted and the COM
mittee hopes he will be able to sail July
LIST next He will have charge of the
business of the Africa Mission for term
of three years, at the expiration of which
term he may continue his work indeh-
nitely.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1903-03-07
Personal.

Miss Charlotte Kemper, Presbyterian
missionary to Brazil, has returned to this
city and is stopping with her brother,
Mr.. X. Kemper.
Miss Lizzie Slaymaker is visiting rel
atives in Baltimore.
Mr.. Charles Appich has secured a
position with the Swift Meat Packing
Company and will have his office in this
city
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1903-03-07
To Effect Permanent Organization.

As has heretofore been stated, mass
meeting of citizens will be held in the
rooms of the Business Mems League on
Monday night next to consider plans
for establishing permanent organiza
tlon to insure each year a suit
able celebration Of the anniversary OF
General Washington's birth. The ex-
ecutive committee of the last parade may
he continued.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1903-03-07
The New Bridge.

Col. Allen of the corps of engineers Is
advertising for proposals for the construc-
ton of the new highway bridge across
the Potomac, to take the place Of the
present Long Bridge. The road between
this city and Washington has been
materially improved during the past
year and with the new bridge the over
land route will be more generally
patroniZed.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1903-03-07
War on Expectorators.

Three men were arraigned before the
Mayor this morning charged with ex-
pectorating in electric cars between
Washington and this city. Two of the
accused were white Ia Washingtonian
and an Alexanerian) and the other
,colored. The evidence was incon-
sroyertible and the Mayor imposed the
pminimum fine of one dollar upon each.
'Vbe maximum penalty is So. 1t is the
n, ,r,s,se of the railway company to have
The Stale law enforced against all Of
tenders and the operatives will in
future prefer charges against all persons
who violate il.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1903-03-07
Case Dismissed.

A Young man named J. w. Strom
was arrested yesterday afternoon ON COM
plant of Conductor Charles Chauncey,
of the electric railway, who charged him
with first declining to pay his fare
from Washington to Alexandra and
then becoming disorderly. Strom left
50 collateral for his appearance in the
Police Court this morning. When ar
raigned the charge of disorderly conduct
was not sustained by the evidence and
Strom was dismissed.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1903-03-07
A Remarkable Case.

One of the most remarkable cases ola cold,
deep-seated on the lungs, causing pneumonia,
is that of Mrs Gertrude +. Fenner. Marion,
Ind, who was entirely cured by the use OF
One Minute Cough Cure. She says: The
coughing and straining so weakened Inc that
| ran down in weight from l4S to w pounds;
I tried a number of remedies 10 no avail until
I used One Minute Cough Cure. Four bottles
of this wonderful remedy cured me entirely
of the cough, strengthened my lungs and re,
stored me to my normal weight, health and
strength" +. s. Leadbeater & Sons.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1903-03-07
Alexandria Library.

The following books have been added
to the Alexandria Library: Grecian
Days, by L. Palmer; Kotto, by Lafaca-
do Hearn; The Wooing Judith, by S.
B. Kennedy; Mrs. Tree, by Laura
Richards The Country God Forgot, by
F. Charles The Dragon of Wantley, by
Owen Wister; Lovey Mary, by Alice
Hagen Rice; The Success of Mark
Wyngate, by Una Silverrod.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1903-03-07
Mass Meeting of Sunday Schools.

Rev. DIR. A. L. Phillips, OF Richmond,
the general superintendent of Sunday
schools and young peoples societies OF
the Southern Presbyterian Church, will
occupy the pulpit of the Second PreSby
terrain Church tomorrow at both the
morning and night services. He will
address the morning Sunday school at
$50 o'clock. There will be a mass
meeting of the morning and evening
50, ,ools in the church at four O'Clock 10
VIII wb;cS other Sunday schools OF this
citv are invited.