davidaulloa/AmericanStories huggingface dataset:
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-02-24
DECISION FOR PARIS.
DEAD MANS CONTRACT
DECLARED ENFORCEABLE
UNANIMOUS OPINION OF THE sU.
PREME COURT IN PARIS VS..
MACON, ADMINS.
TRAITOR.

The Supreme Court, in a unanimous,
opinion written by Chief Justice
Frear, overrules the exceptions of de.
PENDANT in the case of John d. Paris
VS.. J. A. Magoon, administrator of the
estate of A. Fernandez, deceased. Kin.
ney, Ballou & McClanahan for plain.
tiff: J. A. Magoon and J. Lightfoot for
defendant. In the syllabus of opinion
the law Is thus stated:
"a decree Diminishing bill for the
specific performance of a contract Is
not a bar to subsequent action for
damages for a breach OF the contract,
when 1t appears that the question of
damages was not raised in the former
suit and that the decree was not based
on any ground that showed there was
no right of action under the contract.
IAN administrator may be liable In
damages for a breach of contract oc'
curing before the death of his dece.
dent, even though the contract is of a
nature personal to such decedent."
As to the first point the court says
in the body of the opinion that the
question was gone into SO fully in Ha'
waiian Commercial & Sugar Co. W..
Wailuku Sugar Co. that II was unnec.
essary to consider It at length there.
Suffice 1t to say that the principle,
that a decision is decisive not only OF
everything that was Irrigated but also
OF everything that might have been
litigated in the case" applies to In.
termediate matters, whether litigated
or not. so far as the ultimate matter
decided Is concerned and not either to
intermediate matters or to other ulti.
mate matters not in fact litigated." The
court shows that the case was not dis.
missed by the Circuit Court on de
Tense that there was no contract
The late A. Fernandez contracted To
sell John d. Paris cattle at ten dollars
head for all that were over one
month old and strong and healthy
They were to be driven by the vendor
and counted by both vendor and ven
dee. They were so driven and so
counted to the number Of 96i and
then turned out. The vendor claimed
tnat there were 4UU more uHuTlNeil,
The vendee conceded that there were
100 more. which he would pay for
without a further drive, and offered to
pay for the whole alleged 400 more
without further drive II the vendor
would guarantee that number. TIL,
vendor declined to guarantee that mum
Der or to make a further drive. The
plaintiff. Paris. in this action waived
all damages as to any cattle over thu
number. 96i, actually driven and count
ed. These facts constitute the evi
dence OF a contract. which the defend
ant argued should be excluded. III
claimed that the contract died will
the vendor. THE only answer to this.
the court says, "is that the action Il
not brought for breach that occurre,
after the vendors death, but for |
breach alleged to have occurred befor,
his DEATH"
The final exception overruled was 4
the refusal to direct a verdict for tn,
defendant because the plaintiff had no
rendered to the vendor the expenses o
a second drive. I'VE are unable L
perceive on what theory such a tende
was required" the Supreme Cour
concludes.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-02-24
DECISION CORRECTED

Since reporting in the papers, the
Supreme Court decision on the tax ap-
peal OF Hawaiian Commercial a. Sugar
Co. has been corrected by the court.
so that the conclusion reads as fol,
lows: We are OF opinion that the Tax
Appeal Court was in error in its deci-
sion and that the same ought to be re-
versed and that the net income of the
Hawaiian Commercial 4 Sugar Com
pany subject to taxation for the period
ought to be fixed at 1921 ,675.S1."
The return OF the company. prepared
at the head Office in San Francisco.
showed gross income OF 1881 .O22. As.
deduction Of sl,S3O,O75,I3, loss OF
S9,052,95 and no taxable income for the
year. The assessor claimed that the
amount of s270,ii472 deducted was no.
properly loss" but the Tax Appeal
Court found contrary In allowing the
following items as loss: Old mill and
mill buildings, $l5O.7i9.52; old build
ings, $4,000, and railroad property,
Sl09,695,2O, making the amount
claimed
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-02-24
LOCAL and GENERAL


Rainier and Primo beers on draught
at Criterion. 10c a gl,sa
See notice in relation to st. Pat.
rick's Day in New Today.
The place to get pure Roma coffee Is
at G. J. Days grocery, Csc per Id.
Furniture for three rooms is for
sale. See New Today on page 8.
The Niihau arrived from Kauai this
morning She reports rough weather.
A notice to the creditors of the estate
Of Goo See Ho Yee appears on page 3.
There will be a meeting Of the
Board of Education tomorrow morn
ing.
There will be an auction of sugar
on Wednesday. See Morgan's column
on page s.
Groceries, hay, grain and FEED can
always be had at the Kalihi sore.
Phone White 3161.
The Weekly Edition OF the Evening
Bulletin gives a complete summary OF
tho news of the day.
The excruciating agony caused ~
breakbone fever is relieved by Pan
theon o. p. s. whisky.
There will be rehearsal Of the Elks
Minstrel Show at the hall this evening
at half past seven o'clock.
c. Hedeman, wife and children re-
turned to the city In the Picking this
morning after a tour of the world.
John Cavarlcy went out as purser o.
the Mauna Loa this trip. Willie Sim
erson has taken his place in the wharf
Office.
The steamer Nevadan which arrived
here from Lahaina this morning will
sail for the Coast tomorrow afternoon
at o'clock.
The Picking will sail for San Fran
cisco at midnight tonight. She will
take great many japanese in the
steerage from here.
Two German noblemen. Baron Gotta
Won Cotetndorf and Baron NJ. Won Tes'
sin. arrived in the Peliing and will re-
main couple of weeks.
Captain r. n. Goodman and others
are organizing million dollar ship
ping company in Manila. The barken-
tine Alta will be the first of their ships
Among the passengers IN the City OF
Peking from the Orient this morning
were Mr.. and Mrs. Hedemann and fam
lily. Mr.. Hehemann is in good health
again after a short siege OF illness.
The quarantine Office was thronged
this morning with japanese intending
passengers for the Coast in the City OF
Picking. Several hundred of them were
lined up opposite the Office waiting
their turns 10 be admitted.
Young Brothers will begin making
preparations for moving to their new
location mauka of the Myrtle Boa
House tomorrow. Piles will be driver
and then their house will be put on :
icow and taken acress the harbor.
Mr.. and Mrs. Henry J. Croker hay,
opened their handsome home recent
for several delightful dinners. o.
Wednesday evening they entertaine,
in honor of Mrs. G. Augustus Spreckel
and Mr. and Mrs. c. ]. Hutchins, ID
and Mrs. Cluness, Mrs. Laughlin Nc
CLAIM and Mr.. Merrill were the guest
of last Monday evening. Mrs. an,
Miss McKenna were invited for Wed
nesday evening.-San Francisco Ex
aminer. ....
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-02-24

The $40 hack drivers wish to notify
their old customers as well as new ones
thai they can be found at the same old
strEl, telephone l05. but owing to not
being able to get proper feed for their
horses at Club stables was compelled
10 change stables and take up new
telephone number, 4O5 Main. OF which
they wish to hear from their
old customers as well as new ones. Re-
raeinber 4O5. not 3l9. Thanking the
public for past fayors Union Hack
Stand. successors to 3l9. II. w. Roo
nsy. driver Hack IL: Mike Costello,
driver hack 70; Frank Lillis. driver
hack II: Chas. L. Dunwell. driver hack
As. G. Tol!n: Thos. Patterson, driver
hack 2; l.. +. Twomey; A. p Rod
rigCes. driver hack ia; Jerry Rooney.
diver hack 200. 1w
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-02-24
NOTICE.

Latest sugar quotation, 3.7s cents.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-02-24
HONOLULU STOCK EXCHANGE
HONOLULU, FEB. 81, 1908

NAME or STOCK
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-02-24
PASSION Play TONIGHT

This beautiful reproduction OF the
noted Passion Play Is in no way asso.
ciated with recent stereopticon lee.
lures on the subject, It is entirely
on the higher order the scenery being
very expensive and in life motion
throughout. interspersed with repro.
auctions from the old masters. Stu.
dents OF history know the prominence
OF the Passion Play" in most en-,
lightencd countries of Europe. This
play ranks among the greatest of sa
cred dramatic achievements, and the
historical associations that hover
around the play is greater In value
than many sermon and lectrue. The
Passion Play will probably not be re.
reated as the manager Is en- route to
Australia and, as already stated, the
proceeds will be devoted to the Cath.
clic Benevolent Union.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-02-24

Corns and ingrowing nails success
fully treated without pain. DR.. Boyle,
Oregon block. Hotel street. ONCE hours
! TO 8 D. m.
Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1903-02-25
Rev. DIR. Charles Manly to be
Installed Sunday.

Rev DR.. Charles Manly, who
recently accepted the call from
the Lexington Baptist church to
become their pastor, will arrive in
Lexington with lis family tc-
morrow afternoon. He will oc-
cupy his pulpit Sunday morning
and evening.
At o'clock Sunday afternoon
DR.. Manly will be formally in
stalled as pastor, and an interest
ing program will be carried out,
in which all the pastors of Lex
ington will take part, as follows
Doxology.
Short Prayer-Rev. j. H. Light.
Hymn.
Scripture Reading-Rev. j. H.
Light.
Prayer-Rev. DR.. Thornton Whal-
ing.
Introduction of Pastor-Rev. E.
&. Root.
Address in Behalf of Churches of
Lexington-Rev. DIR. r. j. Nc
Bryde.
Solo, 23rd Psalm-Mrs. j. r. Long.
Address in Behalf of V. M. l.
Rev. DR.. Jas. A. Quarles.
Address in Behalf Of w. q L. u
DR.. G. H. Denny.
Response by Rev, DR.. Charles
Manly,
Hymn.
Benediction-Rev. DR.. Thornton
Whaling.
Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1903-02-25
Religious Notes.

Rev. Dr.L.R. Turnbull preached
Sunday morning at the Presbyte-
rian church.
Rev. +. G. Root occupied the
pulpit of the Baptist church Sun
day morning.
Mr.. Frank T. Glasgow addressed
the University Y. M. c. A. Sun
day afternoon, his theme being
"The Christian Lawyer"
Services were held Monday
morning at IL O'Clock at st. Pat
rick's Catholic church, conducted
by Rev. Father Van Ingelgem of
StauntOn.
Rev. DR.. James K. Armstrong,
presiding elder for Roanoke Dis
trict, NJ. Il. Church, South, will
hold the fourth ql artery confer
ence Friday night at Trinity Meth
odist church, and will preach here
next Sunday morning ana night.
Rev. DR.. James f. Armstrong
will hold quarterly conference and
preach Saturday morning at ii
O'Clock at Elliott Hill otl Odist
church. There vii also be
preaching Sunday morning at II
clock by Rev. r. Il. Hutton.
Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1903-02-25
Stanton Gas Works Burned.

7arsday's Stanton Nrzos
An explosion which broke a number
OF windows, and shook the neighbCr
ing houses like an earthquake, occur
red Yesterday evening about $50
O'Clock in the new division of the
Staunton Gas Company's plant. The
entire interior OF the building in
which the explosion occurred burst
into flames like magic, and the SIX
men who were at work repairing the
machinery, barely escaped with their
lives. Three of them were in the
CELLAR, under the personal direction
of Superintendent Keplinger and AS
sistant Superintendent King, read
justing a gas governor, wnen one of
them accidently left 4. safety valve
open, and the escaping gas, filling first
the cellar, which was q veritable
death trap, and then ascending to the
room above, became ignited from
light which was burning there-hence
the explosion.
The injured are W. L. Keplinger,
A. p. Thornton and Arthur Cochran,
frig htfully burned about the face,
neck and arms. Benjamin Doom,
Harry King and John Doom, painfully
burned about the face and hands.
For several hours almost every gas
light in the city was out, and it was
at first thought that this would be
permanent, but later the supply was
turned on, and at late hour there
was still 10 danger Of its running
short.
Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1903-02-25
Buena Vista.
Gazette Correspondence.

Gazeffe CO,1tSpOndeHce
Feb. 24.-The furnace has on hand
this morning the novelty of a small
size strike in which about twenty-five
laborers are implicated. The men
on the "trestles" were asked to do
double work at the old ''single
pay They refused and asked an
advance in wages of 25 cents per day.
Being denied this the whole crew
walked out and others were called i'll,
but they refused to do the extra
work, and thus the matter stan DIS at
noon today.
Almost the entire Southern Semi
nary went on the excursion to the
w. & l.. entertainment in Lexington
last night. To get together a more
charming number of young ladies
including the faculty, would be a
difficult task.
Miss Pauline Embree and several
young ladies, fellow students Of
Hollins Institute, spent. some days in
Buena Vista, returning to Hollins
today.
Misses Ruth Pearsall and Bessie
Fitch left for their home inWestfield,
N. j., last night.
Mr.. f. l.. Embree and wife will
spend few days at Old Point and
Richmond this week.
There was a drunken corousal on
our streets in the upper end Of town
last night, so we are told, that would
be disgrace to Sodom. We wonder
how long our city authorities can
shut their sweetly innocent eyes to
such things.
The Knights of Pythias attended
church in body last Sunday night
at the Methodist church, where they
had a sermon in honor of the lodge,
by the pas tor, Rev. G. H. Buchanan.
The music was excellent, and the
fraternity expressed themselves as
greatly pleased with the entire
service
The following is the payroll of the
city enterprises, compiled especially
for THE GAZETTE, giving he average
Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1903-02-25
Baseball ACKNOWLEDGEMENTS
Washington and Lee.

A meeting of the Virginia Inter
collegiate Athletic Association was
held at Washington and Lee Uni
versity Friday night. There were
present representatives from Hamp-
den-Sidney College, Randolph
Macon College, Richmond College,
University of Virginia, Virginia
Military Institute and Washington
and Lee.
The baseball championship for
the past season was awarded to
Washington and Lee for the west
ern section of the State, and to
Richmond College for the eastern
section. AS Washington and Lee
defeated Richmond College the
award practically gives the State
championship to the University.
An important resolution was
adopted prohibiting the playing OF
any man longer than four years on
college teams in association games.
Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1903-02-25
Celebration at Washington and
Lee University

The Washington literary society
of Washington and Lee University
held their annual celebration Mon
day night in honor Of the birth
day of George Washington. The
Lee Memorial chapel was filed
with an appreciative audience.
Among the number were about
sixty young ladies from the
Southern Seminary at Buena Vista,
who were the invited guests of the
society and who came up Monday
night on a special train, returning
home at midnight. They were
accompanied by several of the
instructors. Music for the Occa-
sion was furnished by the Virginia
Military Institute orchestra, under
the leadership of Professor Herman
Krause.
The officers of the celebration
were: President Harry w. Hamil-
ton, of Steele's Tavern, Va; vice
president, EDWARD c. Miller, of
Abingdon, Va; secretary, I. &.
Meredith, of Massachusetts chief
marshal, Albert NJ. Duncan, Of
Springfield, KY.
The orators and their subjects
were: Stanley Scott, of North
ampton county, Va, subject, "The
Liberty Hall Volunteers" r. A.
Lapsley, Jr., of Greenville, Va,
subject, "The Man Behind the
Guns" The question debated was;
"Resolved, That There Should be
an Educational Qualification for
Suffrage in the United States. "
This question was debated in the
affirmative by j. S. Henderson, of
Pensacola, Fla, and o. V. Arm
strong, of Beverly, w. Va; in
the negative by d. H. Ralston, Of
Harrisonburg, Va, and A. d.
Trundle, of POolesville, Md. The
addresses were all ably delivered
and well received.
The orators medal was awarded
to Mr.. Lapsley and the dabater's
to Mr.. Ralston by the following
committee of judges; DR.. j. A.
Quarles, Prof. Addison Hogue and
Prof. J. X. Long.
Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1903-02-25
DIR. Lewis Nice. Gibbs Dead

DR.. Lewis McCampbell Gibbs,
son of the late Maj. John T.Gibbs,
died Tuesday morning at the home
of his mother on the corner of
Main and Henry streets. For
more than a year he had been i'll
from complication of diseases, and
for the past week was confined to
his bed.
DR.. Gibbs was born September
/, 1868. He was educated at the
Virginia Military Institute in the
class of 1884. Subsequently For
some years he was connected with
the dry groods firm of c. II.
Eflinger d Co. of Lexington. Later
he took a course of dentistry at the
Pennsylvania College of Dental
Surgery at Philadelphia, and
graduated in March, 1894. For
a time he practiced his profession
in WestVirginia. Since 1896 until
year ago, he represented the
Southern Manufacturing Co. Of
Richmond, with headquarters in
Columbia, S. G. About one year
ago failing health compelled him
to return home. He was a COM
municant of the Presbyterian
church and Was member of the
Knights of Pythias.
His mother, Mrs. N. j. Gibbs,
and the following sisters survive;
Mrs. j. F. Eastman of Ironton,
Ohio; Mrs. j. L. Templeton of
Stanton, and Misses Mary and
Nellie Gibbs of Lexington. Also
two Observation-Disclosures Hattie
and Virginia Clyce of Lexington,
and one half-brother-Rev. George
S. Gibbs of Dallas, Texas.
The funeral will take place
Thursday afternoon at 4 o'clock
from his mothers home.
Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1903-02-25
Sacri feed His Health to the Mis-
sionary Work in Africa.
Richmond Times Dispatch.

Richmond 7imeS-DiSpafeh
The many friends of the Rev. W.
M. Morrison Of Lexington, Va,
will rejoice to hear that he is at
last able to leave his work as a
missionary in Africa and come
home for rest.
Owing to the climate, mission
aries to Africa are permitted to
stay there but two years at a time.
But Mr.. Morrison, because nobody
could be gotten to take his place,
has stayed on for over twice that
long. As result his health is
wrecked. His friends have been
much concerned about his con
dition. Now, however, two other
missionaries have been sent out,
and Mr.. Morrison can return and
recuperate.
Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1903-02-25
Transferred to Lexington.
l,,isOn6v,s Dalr Nelps Of .Safwday

Hat1isoH6vJg DAILY Mrs Of SATURDAY..
The Republican Convention he'd in
Harrisonburg March 18th, 1900, re
suited in violence in which Hon. John
Acker and Mr. I. ID. Davis received
painful injuries. ID. s. Lewis. Jr.,
John +. Lewis, Charles w. Fletcher,
Charles A. Hammer, NJ. ~ Jarnan,
Il. l.. Dechert and Samuel A. Davis
were convicted in the Mayors court
of assault and battery upon Mr.. Ack
err, from which decision they appealed
to the County Court, where thc case
was subsequently tried before a jury
and the defendants found guilty and
fines imposed.
From the verdict Of the jury all AZ
peal was taken to the Supreme Court,
but no new trial was granted and the
verdict of the jury stood.
After the Supreme Court had re-
fused a new trial execution was placed
in the hands of the sheriff for collec-
ton of the fines and costs. Thus
pressed, defendants appealed to the
Circuit Court to stay the enforcement
of the execution on the grounds that
costs aggregating about $40 had Leen
improperly charged against them.
The Circuit Court sustained their
objection, whereupon another execu-
tion was later placed in the hands OF
the sheriff against defendants for the
amount of the fines and costs less the
so. This execution the sheriff levied
some time ago on the property of
NJ. NJ. Jarman.
Since the levy of the last execution
the defen jants have again applied to
the Circuit Court, this time, for a
writ of prohibition against the County
Court and sheriff, to prevent the eel
lection of the fines and costs. In
asking for the writ they allege that
the judgment is void, claiming that
the assault and battery having been
committed within the corporate limits
of HarrisonDurg and there being an
ordinance of the town imposing fine
of from 81 to 500 for assault and bat
terry, that, therefore. the State law
against assault and battery does not
apply, and, consequently, the fines
of from S2j to 500 imposed by the
verdict of the jury on the defendant
exceeded the jurisdiction of the
County Court.
In other words, the question pre-
sented is whether the offense was
under the town ordinance,
which does not provide for a fine of
over $50, or whether punishable
under the State statute, which does
provide for the fine being more than
$40.
The writ of prohibition will lie
contested by the Common
wealth. The matter is fixed for a
hearing before Hon. S. II. Letcher,
Judge of the Circuit Court, ut Lex
ington, on the first day of March
Court.
Although it had seemed that every
point possible to be raised by defen l.
ants had hitherto been fought over,
yet the question now presented has
never been raised before in any of the
courts. If the defendants contention
at this time is correct it would seem
that an assault and battery within
the corporate limits of Harrisonburg,
could not be punished by n fine of
more than $50, whereas, If the assault
and battery had occurred in the
county the fine could have been $50,
or 800 or more.
Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1903-02-25
Play for Benefit of House Noun
tain Mission.

A number of young girls presented
one afternoon last week at the resi-
dence of DR.. w. s. Currell delight
full program, consisting of three
plays-'The Three Fairy GIFTS, y
1.-THE Peak Sisters and MARY Jane
"a Shadow Play"
Those taking part were little
Misses Frances Howe, Jennie Hop
kins, Anne Hill, Louise Jahnke,
Sophie Booker, Jonie Mari, Laura
Pendleton, Nancy Pendleton, Kitty
Rogers, Sarah Currell, Susan Currell
and Mary Currell.
The plays were given under the
auspices of the 4. s. S. Society, for
the benefit of the House Mountain
Mission, and the sum OF ~ was
realized.