davidaulloa/AmericanStories huggingface dataset:
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-16

and the spirit of the section and be
unreasonable and impracticable. The
words lin compromise" in this section
are to say the least used somewhat
loosely and their meaning is very oh.
scure.
The whole transaction cannot be set
aside merely because the Superinten-
dent of Public Works may not have
divided the land exactly as the court
would. Some room must be left for
the exercise Of discretion in the exc.
cution of the details. No better mode
of division than that made has been
suggested to the court, and 1t is not
clear that there is any better or fair
er.
Justice Perry, concurring, says,
among other things:
concur In the conclusion that the
bill should be dismissed.
In my opinion the offer contemplate
ed in Section 354 is to be made TO all
OF the abutters whoever the class so
designated may include, that is TO say
to each of the abutters the portion on
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-16

The Ohio Law Journal makes a note
of recent decision under the Chinese
exclusion law which, II 1t be upheld,
will have a far reaching effect in this
Territory. The Journal says: The
Chinese exclusion law will be vir-
tually nullifed II a decision rendered
by Judge Wing, in the United States
court at Cleveland. Ohio, is sustained.
The Judge decided that before he could
issue an order for the deportation OF
three Chinese who We're before him,
charged with being illegally in the
United States, that the government
must prove beyond reasonable doubt
that the accused were Chinese and not
natives Of some other country, such
as Korea. etc The officials were not
able TO prove this and the Mongolians
were discharged. Heretofore the courts
have held that II the Chinese arrested
could not prove he was Lawfully in this
country he was ordered deported,"
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-16
Difficulty Constituting Le-
gal Phrase I'm Com
promise.
SUPREME COURT DECISION
IN SMITH vs.. ROSE ct AL
EACH JUSTICE WRITES HIS oPIN.
ION - DECREE APPEALED
FROM REVERSED-BILL
is DISMISSED.

The Supreme Court this morning
Henry Smith V. Many \. 5. Rice and
Sanford b. Dole, as Governor OF the
Territory, appeal nom first circuit
court.
Says the syllabus: The complain
ant is not an abutter within the terms
OF section 35I, Civil Laws, and has
no right TO demand that the land en-
braced in the abandoned street be first
offered to him, at a reasonable price,
prior to its sale to another. Held,
that under the facts OF the case the
decree appealed from should be re-
versed and the bill dismissed.
Justice Galbraith, writing the opin-
ion of the court, says in part:
This is a bill in equity filed by the
complainant, Smith, seeking the can
collation. of a deed executed by the
Governor of the Territory conveying
to the respondent, Rose, u part of an
abandoned street or lane. The land
conveyed was triangular in form and
contained an area Of 1880 square feet
The Circuit Judge found for the com
plainant and decreed cancelling the
deed as prayed. The respondents ap-
pealed.
While the bill alleges fraud in the
execution of the deed the complainant
relies in the main on his assumed
rights as an abutting owner under
section 354 Civil Laws, 10 have the
abandoned street offered to him a rea.
sonable price prior to the sale to the
respondent and the failure of the Ter
ritOrial officials to make such offer
II was decided that Smith was an abut.
ting owner.
It seems to have been conceded by
all of the parties that the title to the
land conveyed vested in the Territory
under section 354, although the record
shows that the land was not taken
for a highway or improvements under
this Act" and that no proceedings were
had to vacate or abandon the high,
way" as provided in this act and that
! the highway" or foot path of which
this land formed a part was abandoned
by those who were accustomed to use
1t prior to the passage OF this Act
In 1892. And it was also assumed thai
the Governor had the right to convey
the land under section 354. Will,
these assumptions are not free from
doubt and may be entirely unfounded
in fact and in law, for the purposes o.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-16

erned solely by the time consumed in
conveying the record Of the vote of
the remotest precinct to the Registr.
ar's office and that of the necessary
tabulation for totals. While the ma.
chine vote of Tuesday was in his
hands five minutes after the polls
closed it would have taken nearly
same number of ballots in some pre-.
cincts by the present method of vot.
ing
The economy of the voting machine
was also eXemplified in the fact that
II needed no party watchers. These
are now required at each polling
booth There were, consequently. $50
party watchers at the 500 precinct
polling booths during Tuesdays elec.
ton, whose employment represented a
cost of nearly $4,000. Then, again,
the voting machine dispenses with the
services Of election clerks. which is
another big saving. II would not re.
quire many elections, therefore, to
save the entire cost of the machines,
IL adopted For economical reasons
II Is obvious that they should displace
the present system Of voting. Besides
the public want them
Experience in eastern cities where
the voting machine is used officially
I bears out the unofficial test of San
Francisco and although the machine
is making Roadway slowly 1t seems to
MI long.felt want. It is not likely
Hawaii will take to the new departure
more speedily than mainland com.
munities. The project has sufficient
worth. however. TO warrant the advis
ability OF preparation for an unofiicia
test next year, when ii will be pos
sible to make a trial which will not
be forgotten before the meeting OF
the Legislature.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-16
VOTING BY MACHINE.

Hawaii during its elections had
heard great deal of political machin.
cry in its relation to the vote and oc.
casionally suggestions have been Of
fered in favor OF voting by machine.
From all accounts the voting machine
is subject to none of the criticism that
invariably falls to the lot of the so.
called political machine in its work
for the public. Some years ago a sam.
pie of the voting machine was sent to
Honolulu and exhibited by Mr.. Carter.
It attracted passing attention, but like
all innovations was not seriously con-
sidered
Events of the recent election have
renewed the discussion on ways and
means for handling the ballot in a
manner that will accurately record the
ballot Of each voter and place it be.
yond the power of thoughtless or cor
rupt men to destroy.
The voting machine has been grad.
ually working its way westward, and
in the recent San Francisco election
was given a test, which, though 1t
was unofficial furnished evidence that
the machine.recorded vote Is more &C.
curate and rapid than the old man
handled ballot. The machine used in
San Francisco was located in one Of
the largest voting precincts of the city,
a general invitation being extended to
all voters to test II.
The Chronicle says, editorially, Of
the experiment:
The experiment proved that ma
chine voting is not only a time-saying
method to the voter himself, but also
10 the Registrar OF Voters in the com
pilation of the final returns. If the
city's entire vote were taken through
the agency of voting machines the re-
turns would be all in the hands of the
Registrar and the official count an
nounced within less than two hours
after the close of the polls. In fact,
the period of suspense would be gov
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-16

Outside island representation is a
problem that will be up to Acting Gov
ernor Carter in framing his plans for
department heads under his admins
tration. All things being equal the
other islands have a right to serious
consideration. The complaint has
ever been that Honolulu takes every
thing, and while county government
will largely do away with the old time
feeling, it will be a gain to the Terri
torial administration II outside dis
tricts are made to feel that they stand
on something like an equality with
Oahu.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-16
eiaus spI eckeIs. WIN. G. irwin
Claus Spreckels & Co.
B ANk Frs.
honolulu.
HONOLULU. 7. n.


San Francisco Agents - The Ne
vada National Bank OF San Francisco.
Draw Exchange on the Nevada Ma,
tional Bank Of San Francisco.
london--The Union Of London ana
Smiths Bank, Ltd.
New York-American Exchange NJ.
topal Bank.
Chicago Il Corn Exchange National
Bank.
Parls-Credit Lyonnais.
eerlln-Dresdner Bank.
Hongkong and Yokohama - Hong
kong-shanghai Banking Corporation.
New Zealand and Australia - Banh
OF New Zealand and Bank of Australia.
STA.
Victoria and Vancouver - Bank OF
British t!orth America.
Deposits received. Loans made on
approved security. Commercial and
travellers Credits issued. Bills of RI.
change bought and sold.
Collections Promptly Accounted For.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-16

According to the morning press
prospective Governor Carter should
accept no suggestions regarding his
appointments; they should he dictated
by the morning press. Unless Carter
has undergone a remarkable change
of character in few short weeks, he
will be his own boss. accepting sug'
gestions from all but dictation from
none
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-16

The series of games completed Sat.
urday by Kauai and Oahu teams gives
polo an established place as leader
in inter.island sports. As long as pole
players can assure the public of such
contests as have been witnessed this
year there Is no doubt Of the attend
ance being large enough to properly
support the game in Hawaii
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-16

which his land abuts. The words "ln
compromise" do not, as I think, limit
the class of abutters to whom the offer
is to be made, but are to be read and
understood as though inserted immed
lately after the word offered, /. e., they
were intended to show the nature or
the object of the offer and not to des
cribe the permitted purchasers at
private sale.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-16
BISHOP CO.
BANKERS.
Established In 1888.

Established In 1888.
..--
Ts. Nn' mem.
n n, ousiness In eli oepartmenu
pus.
S S eareiuhy attenoed 10.
exchange bought ana sold.
.oeIciai ana LaaVelers Letten
VI oleuit issued on Inc Bank OF Car
UTILIZE anu W. n Ho'nscniio q sons'
LONDON.
Corespondents-Ihe Sank OF Cali
Iorn's' commercial banking Go. o.
eyoney' Ito, lonoon'
Drsits ana capie transfers on Chins
sno Japan through the hongkone q
onansnai BANKING corporation ans
chartered BANK OF india. Australla
sna onine.
ip.erest sho~eo on term deposits -
me ioiio~lns rates per annum' VIE:
sever oa>r notice, at per cont
hree months, at per eent
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-16

At the rate the football leaders Of
Harvard. Yale and Pennsylvania fell
by the wayside on Saturday 1t will be
necessary for the athletic members OF
the universities TO do some tall hustl.
ing in their preparation for next sea.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-16
SUBSCRIPTION RATES.

A combination of South and Central
American States against the United
States wound cause joy in Europe. to
take the cuss off the Venezuela fracas
Il for no other reason.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-16

HONOLULU BRANCH, 81 KING ST.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-16

The annual meeting of the stock
holders OF the Wilder Steamship Com
pany was held this morning at 10
o'clock. Reports were read and the
officers OF the past year reelected to
serve for the ensuing year
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-16
Alexander & Baldwin
LIMITED.
OFFICERS.
Sugar Factors and .-.--
---- Commission Agents

AGENTS for Hawaiian Commercial &
Sugar Co., Haiku Sugar Co., Psia Plan
tation Co.. Nahiku Sugar Co.. Kihei
Plantation Co., Hawaiian Sugar Co.,
FKahului Railroad Co.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-06-08
SEARCH FOR THE DEAD
IN SOUTH CAROLINA
More Than a Hundred Victims at Cliff
ton Alone-AppeaIs Issued
for Aid.

Columbia S. c.. June S.-A search
for dead in the mud left over thou
sands Of acres along the Pacolet river
was made today. Fourteen bodies
were recovered this afternoon 1t is
believed that the heavy mud has
buried beyond discovery the greater
portion Of those lost. Many bodies
were dismembered. More than 100
are missing from Clifton alone. The
property loss is not less than 5000
300. The mill officials are considering
a call on the governor for troops to
5uard the district. The governor and
mayors have issued procIamatiOns
calling for aid. The ratiOas are now
being issued for the relief OF 5000 per
sons
The Columbia railway bridge OF
COngare 1900 feet long was swept out
this morning.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-06-08
RAGING BEGINS AT CROSSE POINT

Detroit, Mich. June S.-When ia
cob J. Holt gives the signal to start
at the Crosse Point track this after
noon there will be inaugurated what
promises to be the best running meet
ing ever held. under the auspices OF
the Detroit Jockey club and one of
the best ever witnessed in this part
Of the country. The meeting is to con
tinue two weeks, during which time
six stake events will be decided. The
entries for these events are the most
ambitious in number and class of Of
anything ever held on any OF the De
tr0it tracks. In the Campau and
other stakes are entered such crack
horses as f. E. Smathers' McChesney.
Charles R. Ellison's Harry New. and
Ordung. the winner of the Montgom-
cry handicap. Bo0kmakers and horse
men OF prominence are here from ali
parts Of the country and the meeting
opens under the most favorable aus
piCes.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-06-08
French Attack Ayuerian Rebels,

Algiers, June S.-The French artil-
lery this morning attacked the rebel
lious tribesman at Figuig. systematic
bOmbarding the town intiicting. it is
believed heavy losses although no de
tails have yet been received The
French guns were posted on the hills
surrounding the rebels stronghold,
lhe French gaining this position by a
surprise There were no losses on the
French side. Before the attack was
made a messenger with a flag OF truce
was sent to Figuig to notify the wo-
men and children to leave but he was
killed while carrying the message.
France has formally notified the pow
ers that she does not intend to sieze
Moroccan territory but that present
expedition is a punitive one for recent
attack on Governor General JOnart
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-06-08
THE GR0FFS
INDICTED
By the Federal Grand
Jury at Washington
FOR CONSPIRING WITH MACHEN
To Defraud the Government on Postal
Contracts-Graft on Box
Fasteners.

Washington. June S.-The federal
grand jury has voted to indiCt Samuel
and Diller Croft for conspiracy to de-
fraud the government in connection
with Machen, who was indicted Fri
day. The Croft brothers are prOprie-
tors Of the mail box fasteners from
the sales Of which Machen is alleged
90 have received 100000 in the past
three years. The Croft indictments
will be reported later to the court.
The grand jury didn't consider any
additional evidence in the case re-
garding that of the Machen hearing
as being sufficient upon which 10 base
the Croft indiCtmer 5.
Washington. June S.-The grand
jury this afternoon returned the in
dictments found against Croft Bros.
to the criminal court.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-06-08
FOR A NATIONAL BODY.

St. Louis, Mo, June S.-The truck
men. although one of the most nu
merOus among the various industrial
occupations in America. heretofore
have had no national organization
They are about to fall in line with
the other crafts and trades, however
and it is expected that from a confer
onCe begun i'll St Louis today there
will materialize a strong national
union. Delegates are IN attendance
from various cities and the new Orga
nization will begin its career with a
large membership. embracing the To-
cal union OF JrUckmen in Boston
Chicago. Philadelphia. and numerous
other cities
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-06-08
HIGH WATER
RECORD
Left Far Behind by
Missouri atSt.lOuiS
HAS REACHED 81 FtET 6 INCHES
the Citizens of Kansas City, Kansas,
Issue Call for Aid-Thou-
ands Destitute.
HAS REACHED 81 FtET 6 INCHES

st. Louis June S.-The food stood
at 81 feet 6 inches at 10 this morning
and is still rising. The water broke
over the old Granite City levee this
morning and poured down on West
Venice in torrents, the inhabitants
barely escaping. By 10 it had reached
the roofs of the greater number Of
dwellings adjoining and thousand
more were made homeless: Hundreds
are now sheltered in the Granite City
school house. which is still far above
the water.
St. Louis is practically cut off from
railway transportation, only few
trains running irregularly westward
over the Missouri Pacific Thousands
Of eXcursionists are detained in the
city being unable to get out. Two
steamers went to Madison at 10 o'clock
to answer a call for help. Twelve
hundred there are prisoners in their
homes. Refugees are being brought
in here by thousands. Immense in
dustries are idle. throwing thousands
temporarily out Of employment.
All railway connections between
mere anu AIJOu. IlluOlS, dIe cut Ol.
The larger boats are running, but the
smaller craft don't venture out into
the river owing to the rusl Of drift
wood and debris.
The weather bureau at l says that
the river gauge has reached the high
est point 81 feet six inches. which it
believes to be the crest of the flood.
The bureau looks for fall tomorrow
Up to two this afternoon nothing had
been heard from the relief steamers
sent TO the tri-Cities this morning.
Nothing is certain regarding fatali-
ties The number is variOuSlv eSti-
mated at from nine to twenty. not in
Guiding Is reported drowned at Gran
ite City last night. Lamar is said to
have been strengthening the leyee
when the break came
Four boys were swept off a raft and
drowned in east St. Louis this after
noon. Refugees from North Venice
report a house containing IS Occu-
pants swept away. all being drowned.
woman and seven small children
are reported to have been swept away
by the flood near Merchants bridge.
The marshal of Venice and his wife
are reporter to have been drowned
this morning.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-06-08
A BOOST FOR HUNT
BY AN ADMIRfR
Fair Play Gives Number of Reasons
Why Present Mayor Should
Be Re elected.
Editor Statesman:

Editor Statesman:
The American people irrespective
of their condition in life delight in
fair play and the citizens of Walla
Walla are not exceptions to the rule.
or lawyers, much as We would like to
be, hence some of us must pursue
more humble vocation. | am saloon
keeper and pay a heavy license 10
operate a business that is not illegltI-
mate, yet the state has passed law
making it a criminal Offense to open
my place of business on Sunday or
to allow innocent games to be played
on any day of the week. 1t is well
known fact that all laws are not OBJ
served and that some Of them are
constantly violated. Years ago law
was passed by legislative body OF
low intelligence, fOrbidding city Of
icial or a school director to contract
directly or indirectly with the city
or school district. Yet in the face OF
this law the voters have elected Of
ficials who violate the same. and at
the present time we are told that May
or Hunt, who is a candidate for re-
election. has prOited by contracts,
forbidden by the law. Now | have
no complaint against Mayor Hunt.
He has been a tolerant mayor and
has in no wise interfered with me or
my place Of business.
He has never sent any smelling
committee around after night or on
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-06-08
@. R. 4 n. PASSENGER
WRECKED LAST N|GH1
BY Some Murderous Wretch Who Hac
Placed Distractions on the
Track.

UmatilIa. Or. June S.-The Spokane
flyer which leaves Portland every
evening was deliberately wrecked
near Laterelle falls. below Bridal Vel
last night MiracuIOusly no lives were
lost. Engineer Christensen went INTO
the river with his engine. but managed
to work himself loose and come to the
surface where passengers rescued
him. He was badly cut about the
wrist but otherwise was unlnJured.
The fireman escaped by jumping as
the engine left the track.
The engine plunged into big hoie
and is completely covered with swirl
ing water. The mail and baggage
cars were badly wrecked and the
crew had a narrow escape from 10l-
lowing the engineer into the river.
Trainmen believe that the wreck was
deliberately planned by unknown par
ties. Previous to the wreck several
boys playing along the rOadbed touhd
spikes placed on the rails. They re-
moved them and reported TO track
walkers Three spikes were alter
ward found at a point where the en-
gine left the track.
Passengers were panic stricken Tor
a time, but the train crews restorei
quiet after it was found no one was
killed. The train was plOughlng
through the darkness at the usual rate
of speed when the engine struck the
distractions.
Trainmen are at loss to under
stand who would make such dellb-
crate attempt to wreck the train. De
tectives from Portland have been
rushed to the scene and every effort
will be made to trace down the guilty
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-06-08
PRESIDENT A WEDDING GUEST.

Washington. D. c., June 8.-Though
it is but two days since he arrived
home after his long and fatiguing
trip through the west, President
Roosevelt is to take to the road
again tonight. His destination this
time is Cleveland. where he and Mrs.
Roosevelt are to be guests at the
wedding of Miss Ruth Hanna and Jo-
seph Medill Mccormick The wedding
Is TO take place Wednesday and it is
probable that the President and Mrs.
roosevelt Will return to Washington
III ~ lleolately after the ceremony as
.ne president has several engage
neNls ths TO fulfill hereabouts later in
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-06-08
THE MERGER DEFENSE

st. Paul, June 8.-Attorney Young
continued his arguments for the de-
Tense in the case Of the state against
the Northern Securities merger this
morning. He asserted that consolida-
ton was for the best interest Of the
Northern Pacific railway. as the lat
ter was threatened with being Grip
pied by stock manipulators who want
ed to increase the value of Southern
Pacific
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-06-08
ANOTHER BAD NIGHT
AT JACKSON, KY.
Many Shots Fired During the Night
Jurymen Protected by Strong
Guard.

Jackson. Ky, June S.-Last night
was another turbulent one. Many
shots were fired about the outer edges
Of town. The jurymen who arrived
last night were Immediately given
hunks in the court house, where they
are guarded by soldiers. The anti
Hargis faction claim that the defense
has been favored in summonlng the
men to serve. AS usual White and
Jett were brought into court this
morning under a heavy guard OF Mill
tiampn-
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-06-08
A WOMAN ARRESTED
FOR THROWING BOUQUET
And Hitting the kaiser-Queer
Thought it Was a Dynamite
Bomb.

Berlin, June S.-While the kaiser
and the empress were driving in
Wiesbaden today a woman threw a
bouquet which struck his maiesty's
head, inficting a slight injury. The
empress believing it an attempt to
assassinate sprang from her seat in
alarm 1t was later learned that the
woman who threw the bouquet is the
wife of a prominent banker. She has
hnpn arrested.