davidaulloa/AmericanStories huggingface dataset:
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04
DECISION IN
THE KONA CASE
SUPREME COURT SUSTAINS WRIT
OF CERTIORARI SECURED BY c.
J. HUTCHINS, TRUSTEE.

The Supreme Court this morning de-
cided the motion of Kinney, McClana-
han & Cooper as attorneys for the Ka-
pany matter, to quash the writ of GER
tiorari issued to the district magistrate
Of KOna, directing him to send the rec
ords of his proceedings to the Su-
preme Court. The motion to quash is
denied and respondent is given five
days in which to comply with the order.
The case is stated as follows in the OPP
inion Of the court, by Chief Justice
Frear:
The second District Magistrate OF
North Kona, Hawaii rendered judg-
ment for the plaintiff in "a summary
proceeding for possession brought by
the Kapiolani Estate, Ltd, as landlord
against Clinton j. Hutchins, trustee,
and the Henry Waterhouse Trust Com
pany, Limited, as tenants. The de-
PENDANTS appealed to the Circuit Court
Of the Third Circuit, jury waived.
Thereafter the Magistrate issued exc
cution, namely a writ of possession, at
~ AAAoNeAAANN VI TIC BletlNNIlA NAAllouN
notice to the defendants or an Oppor-
tunity on their part to be heard or to
give a supersedeas bond under c. L.,
Sec. 1875, as amended by SeG. II of Act
80 of the Laws of 1908, whereupon this
petitioner, one of the defendants i'm that
proceeding, petitioned for this writ Of
certiorari directing the magistrate to
send to this Court a copy of the pro-
ceedings had in his court subsequent to
the appeal, which he has done. The
Magistrate now moves to quash and
dismiss tbs writ on the grounds that
the petition therefor fails to state facts
sufficient to authorize it's issuance and
that writ Of possession may issue UNI
der the provisions of the summary pos
session statute irrespective of the pro-
visions of said Sec. II of the Act of
1903 which relates to supersedeas bonds
etc" on appeals in general from Magis-
trates."
The decision constructs the statute in
favor Of the writ of certiorari secured
by Cathcart and Milverton, attorneys
for c. j. Hutchins trustee. Justice Gal
braith writes a concurring opinion as
follows:
Il concur in the order overruling the
motion to dismiss for the reason that
the motion is in the nature of a demur- !
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04

trine, the author says he thinks the
time is near when the absurdity of the
doctrine will be seen and the rejection
of it will proceed as rapidly az the
adoption of imperialism by the masses
of the people proceeded, for a nation
cannot permanently run counter to its
highest interests for the sake of cap
rice"
The professor argues that the condi-
tions no longer exist which gave rise
to the doctrine, namely, the contrast
between Europe as the land of tyranny
and America as that of democratic
freedom.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04
RILLMAN,S WILL.

The will of Leonides BillmGn, late
conductor of the Oahu railway COM
pany was filed for probate this morning
1t leaves his estate, valued at $4,000, to
his legal heirs who are mother
and father, three brothers and two sis
tiers in the United States. The es-
tate consists of $1,000 cash As shares
Of Waialua, 10 shares Of haunalei and
20 shares of Olaa. The Will asks II. 70.
Cooper to act as administrator and
carry out the testatoT's wishes
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04
WILLARD GOT
INTO TROUBLE
VESSEL ANCHORED IN TOO DEEP
WATER AND DRAGGED HER AN
CHOIR IN HEAVY WIND.

The ship Henry Willard had consider
able trouble off the harbor yesterday
afternoon. She had to slip one OF her
anchors and considerable chain. The
anchor and chain were buoyed however,
so they can be picked up later
The vessel arrived from san Fran
cisco yesterday and anchored OFF a s she
is to go to Eleele to discharge cargo
and take sugar for Delaware Break
water. She anchored a little too far
off shore and where there was poor
holding ground, The wind sprang up in
the afternoon and blew the vessel out
into deeper water.
She dragged her anchor as there was
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04

IN THE CIRCUIT COURT OF THE
First Circuit Territory of Hawaii
At Chamberlain Probate.
In the Matter OF the Estate of Poipe
kamua tw), of Moanalua, oahu De-
ceased.
order OF Notice OF Hearing Petition for
Administration.
ON Reading and Filing the Petition
of W. 8. NObhu, OF Honolulu. 0abu
alleging that POipe Kamua of Moana-
lua' oahu, died intestate at said Moa-
nalua on the 9Th day of January, A. ID.
lSoS leaving property in the Hawaiian
Islands necessary to be administered
upon, and praying that Letters of Ad-
mlnistration issue to said w. $. Mob
lit.
1t is Ordered that Monday, the 18th
day Of June, a, d. 1904 at 10 o'clock a.
m, be and hereby is appointed for hear
ing said Petition i'm the Court Room of
this Court at Honolulu, Oahu. at which
time and place all persons concerned
may appear and show cause. if any
they have, why said Petition should not
be granted, and that notice of this Or
der be published in the English Lam
guage' once week, for three success
siye weeks, in the Hawaiian star. "a
newspaper in Honolulu.
Dated al Honolulu, May T. 1904
w. J. ROBINSON.
Third Judge Of the Circuit GOnPt OF the
First Circuit 90
Attest:
NJ. II. SIMONTON.
Clerk Of the Circuit Cont of the First
Circuit
CHARLES r. Petsson, attorney for
petitioner.
4t-May 4, II, IS, 25.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04
ANOTHER ACCIDENT.
Bad Accident on Cruiser Boston at
Panama.

WASHINGTON, April 16.-Secretary
Moody's attention today was called to
the fact that a serious accident occur
red off Panama two months ago, re-
sulting in the death of one enlisted
man. 1t was stated that this was the
first the Secretary had heard of it,
officially or otherwise. The seaman
who was killed was named Kahn and
the accident occurred about the middle
of February. Kahn was killed, accord
ing to the official report submitted to
the department, by the premature ex-
plosion of a siX-inch gun on the Boston
having been struck by the firing pin of
the gun,
1t was learned at the Navy Depart
ment for the first time today that one
of the gun crews of the Alabama had a
narrow escape while that vessel re-
Gently was engaged in target practice
off Pensacola by "blow back" 1t is
said that the wind was blowing strong
ly at the time and that the flames burst
from the gun, injuring one Of the men,
though how seriously could not be as
certained.
Secretary Moody has acted promptly
i'm the matter of assisting those injured
in the explosion on the Missouri, and
the dependent next of kin of those KILL
ed who are pensionable have been ad-
vised to collect the information neces-
sary to present their claims to the Pen
sion Bureau. Chief Engineer William
son, U. 5. A., retired, has been desig-
mated to communicate with those who
are apparently pensionable and to as
sist them with advice and information
without expense to themselves in the
preparation of their claims for pension.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04
. .G......:..-..4.:....&.s.. .:...:.4.:..:A..0A

nothing they could hold onto. Captain
Shaube tried to heave up the anchor
after the tug Fearless came out and got
a line onto the Willard to tow the ship
back to better anchorage, but the
winch would not work. The winch was
a new apparatus and the chain stuck
so that the anchor could not be raised.
1t was decided to slip the anchor so,
after buOyng the chain, the anchor and
chain We're cut adrift. The vessel was
then taken back to better anchorage
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04
WHALE Tows TUG BOAT.
Leviathan Proves Too Strong for
Towing Craft.


FLORENCE, (OrD, April 25.-Four
large whales entered the SiuslaW
river near this point last week, ac-
cording to reports that have just been
received here, while the river was at
flood tide. The leviathans played havoc
with tug and some small boats that
We're near by. When the whales en-
tered the river they We're apparently
having a good time catching fish.
firing Of that sport they started out
to sea but missed the channel. Three
Of them ran on the south spit, while
the other was shot by a Waterman.
Surprising that the whale was dead
he put a rope around it and tried to
tow 1t down the river, but was unable
to move the heavy body.
The tug l.. Roscoe came along at
this stage of affairs and attempted to
assist the Waterman in towing the
body. But the whale had revived from
the effects of the watchman's shot
and proved itself very much alive. The
tug couldn't hold the monster, which
started up the river dragging the boat
stern first. The tug finally struck a
shoal and the line parted
The whale Immediately turned to-
ward the ocean and in going down the
river at a terrific gait struct the
skin, breaking it into
splinters and throwing the Waterman
about twenty feet into the air The
man succeeded in reaching the bank
after an exciting expert nee and the
whale escaped to sea.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04
GLAD TO HEAR WAR NEWS.

The officers and passengers on the
S. S. Miowera were eager to hear the
latest developments in the war situation
They were delighted when informed
of the decisive land victory achieved
by the Japanese along the Yalu lNet
this month.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04
HELENE ARRIVED YESTERDAY.

The schooner Helene arrived yesterday afternoon
10 days The vessel experienced good weather during the
Five days she sighted either French Italian bark steering
Honolulu The bark about 800 miles distant
The Helene brought $50 cargo for this port Mrs Fenne
mother of W. P Fenne of the Wilder department.
on the vessel
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04
MONROE DOCTRINE ABSURD.

BERLIN, April 25.-Professor Muen-
sterberg has written a two-volume
book "The Americans" which a Berlin
will bring out next week. The
newspapers print extracts from it to-
day In a chapter on the Monroe doc
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04
The Aquarium
NOW OPEN
AT
! KapiOlani Park

The Aquarium will be open on Week
days from 10 O'clock a. m. to 5 p. m.
and from 7 70 $3.50 p. m.
On Sundays it will open at l p. m.
Admission will be Free on Thursdays
On other days a charge will be made
Of 10 cents to adults and cents to
children under fourteen years of age.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04

rer and admits the facts set out in the
petition and these facts being admitted
me grounds OF the motion are not We'll
taken"
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04
POLICE GUARDED
THE u. S. MAIL
Mounted Officers Detailed Wapahu Accompany Mail to station
in Anticipation OF Possible Demonstration.

The of the mounted police had be called upon today "
Wapahu guard the United States mail While actual deon
ton made by the Japanese against the United States mail was
feared that the aps would indulge in overt act against the MAJ
wagon Lieutenant Leslie of the mounted police detailed some men
accompany the mail from the post Office to the train Nothing was
done by the Japs however.
The police still at Wapahu prevent any act OF violence by inc
japanese against the plantation unas dSared last evening
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04
NEW COMPLAINT FILED.

John Lucas by his attorneys, Kin
ney, Mechanism q Cooper, discontiB-.
ued without prejudice his injunct son
suit against Hawaiian American En-
cheering Co, superintendent HollO-
way and Auditor Fisher T'nis pro-
ceeding was taken on accO' ant of err
rors in the bin OF cOmUlai mt and Was
followed by the institut ,N,n of a new
SUIT Judge hoo'nsoh gyanted tenn
Porary lhJNhcuoh OF the amended bill
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04

by the police and weapons taken from them was reported
this morning that the head luna so distaste1 to the r
ing Japs discharged by the plantation peoe
Things were reported to be quiet the plantation and
High Sheriff TODAY
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04
RAIDED BIG GAMBLING JOINT.

Sxyone Chinese caught by Lieutenant of Police Hart and
officers last night the of King and Kekau
like The crowd charged the police today with
playing fanan. Their continued until tomorrow
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04

m II, lOR WORLDS FAIR
''' y miles Of roadway nave
p''" 'oHS .ructed within the world ;
' .nls
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-05-04

" ant ads in star cost but D. rents.
La Junta tribune., 1904-02-03
New Ru,., Rou.. E.,.b,i.h. d .

Postmaster Dalton received a
communication from the postoffics
department at Washington, ID. c.,
last Monday, notifying him tina,
the application for the establish
ment OF rural free delivery. No. 7,
ont of La Junta, had been granted.
and that the service would be in.
augurated about March Ist. with
one carrier. The route is twenty
seven miles long, two miles over
the limit usually allowed by the
department, and will give service
to the residents of North La Iunta,
east from the school house to the
county line. north through East
Holbrook, and returning south to
La Iunta 1t will give direct SER
vice to large number of people
in Holbrook who have had hither
to had to walk from one to
two miles to secure their mail.
La Junta tribune., 1904-02-03
Az Eyes on s.. Louis.


The eyes OF the world will be
turned towards St. Louis during
the year I9o4. Everybody will
want to get. from FIRST hands. the
news OF the greatest Worlds Fair
which the world has ever seen,
Our readers are advised, therefore,
to subscribe for the greatest St.
Louis newspaper newspaper
which acknowledges no equal or
rival in all the west, and which
stands in the front rank among the
great newspapers of the World.
Subscribe for the St. Louis Glob
Democrat and get all the news of
the Worlds Fair, all the news Of
the national campaign, and all the
news OF the earth.-The Semi
Weekly Globe Democrat and the
Semi Weekly LA JuNrA TRIHwNE,
both one year, So. 90.
La Junta tribune., 1904-02-03
Niece. s.s..,-v,.s.~ s......'..

Thursday evening. January 18th
Miss Grace Bidwell and Miss Lulu
Wisdom Entertained q number oi
their friends, at the home OF Miss
Grace Bidwell. on Smithland av-
enue. The evening was spent in
playing various games. Music
was furnished by the High School
Orchestra, while the guests were
partaking of dainty refreshments
served by the hostess Those
present were: Misses Day, Elcer,
Drury, Hause. Adams, Handy.
Draper, McNeen. Cain, Bartleson.
Sears. Baldwin, Baldridge. Ethel
Young, Frances Young; MessEs
Barnes. Lesher. Mullen. Pike,
Allen, Chambers. Wolf, Mendel-
son, Dfury. Shinn. George, Whit
tinghill. Dougherty. King, XII
gore, Finney.
La Junta tribune., 1904-02-03
SAINT. ee w...he, Bureau.

The Santa Fe is installing ther.
mometers at La Junta and other
points along the line. They have
been put in so far at La junts,
Dodge City. Garden City, Syra-
cuse, Lamar, kinsley, Great Bend,
.Larned, Sterling, St. John, Sylvia,
Hutchinson and Burton. This is
for the purpose OF determining the
temperature in connection with
shipments OF perishable goods,
such as fruit, potatoes, etc. When
the weather gets too cold aud there
is danger of freezing he refrig-
orator cars are closed up to pre-.
vent freezing. In La unta it is a
sort of Santa Fe weather bureau.
]. a. Vestry, inspector of refriger,
stor cars. is in charge here. and
makes daily reports Of tile weather
conditions. with variations Of TEN
peratures.
La Junta tribune., 1904-02-03
s,s..eo.. "uoe,. rom.s Cabin.

Stetson's great double spectac
ular production OF "Uncle Toms
Cabin" is booked for the La unta
Theatre for February sth. This
grand old drama has been merci-
lessly butchered by the "hy by
night" companies in the past. II
is a marvel that it has not long be-
fore this lost its power OF attract.
ing thestregoers. which is quite
often the case with most plays and
even SO with productions Other
than Stetson's but the public has
grown to know that Stetson's is
always reliable, that il alope has
lifted "Uncle Toms Cabin" from
mediocrity to mastery.
Stetson's is the only one present
ing the drama as first class show
should be environed and equipped
And no more enjoyable entertain.
ment viii! be seen in the local
house than this.
Specialties galore, wonderful
mechanical effects, new costumes,
a splendid orchestra, a large pack
OF Siberian blood hounds, prett,
little Shetland ponies, meek eyed
donkeys, mild and tricky, are in
evidence at every performance.
The street parade is said to eclipse
anything ever given by a theatrical
novelties that will delight ever,
boy and girl and make even the
mature pause to contemplate.
La Junta tribune., 1904-02-03
e.eo,s. Of County on'eI.,..

The republican officials OF Otero
county have record which reflects
great credit on them and is an ex-
ample which other counties should
encourage their officers to pattern
after. We refer TO the economical
manner in which the officers are
conducted, and the large amount
of fee. turned into the county
treasury. During the past year
Treasurer Beerbohm has paid into
the treasury s3,7ss "a, and County
Clerk Garwood s.. o3o "a. These
sums have gone into the county's
general fund after all the expenses
OF their respective Offices have
been paid. This is in most agree
able contrast with the methods OF
officials 10 many counties, where,
or one pr.text or another, some
ways are found for consuming all
OF the fees received and paving
nothing into the treasury. Otero
county is all right in her county
officials. as well as in many other
ways Rocky Ford Enterprise.
La Junta tribune., 1904-02-03
Not Air 10, Lawyer Ssbin.

Fred NJ. Sabin, Esq. OF La
Junta, was in the city one day
this week looking after the interest
of irrigation clients of the Arkan-
sas Valley befo,e Judge Northcutt.
Mr.. Sabin is one o. the leading, il
not the leading lawyer of La
Junta, and is most estimable and
agreeable gentleman, as well as a
distinguished lawyer. - Trinidad
Monitor.
La Junta tribune., 1904-02-03

higher price they would under the
graduated scale
MIR. Weitzer says that the Rocky
Ford growers now have offered
them q much more desirable con-
tract than is being made with the
northern factories There the
price is S per ton for beets show
ing not less than IS per cent OF
sugar contention those having
from IL to IS per cent, the price IS
only s. so. Also that a higher
price is charged by the northern
factories for seed.-Rocky Ford
Enterprise.
La Junta tribune., 1904-02-03
s... Growers. Demand. e,....s.

The committee appointed by the
Otero County Beet Growers Asso
ciation, called on Manager Welt
ger, OF the American Beet Sugar
Company last week, to receive an
answer to their recent demand for
an increased price and other con.
cessions. The meeting was fric-
tionless and the committee came
away with the assurance that their
NAN contention. the $500 fiat
rate, would be granted. MIR.
Weitzer's position in granting this
rate is that the company does not
really give an increase in price
over that proposed in the new con-
tract, estimating that the amended
price would give the grower an
average Of s. per ton. the average
sugar percentage being the same
as during the first three years of
the beet culture in the valley. He
claims that the company will pay
more for the beet crop under the
fiat rate, but that the money will
be more evenly distributed among
the growers, the growers Of high
percentage beets not getting the
La Junta tribune., 1904-02-03
WEDNESDAY. FEB. 3, 1904
comI~g Gvsots.

February 5th-Eagies' Masquer-
ade Ball
February 5th-"Stetson's Uncle
Toms Cabin"
February Sth-Ward & Wade's
Miustrels.
February ioth-"Eight Bells.
February 77d-Twclfth Annual
Ball, Locomotive Fireman.
La Junta tribune., 1904-02-03
se.,e. ., fine, settlement.
Is THE MATTER OF THE ESTATE OF

n THE NATTER OF THE ESTATE OF
Robert Locke decreased.
Notice Is hereby given. that on Monday, the
sth day Of February. 4. D., 1904 h.snx one of
the regular days of the Drc-mber isn term Of
the County Court Of Ot~ro County. In the State
Of Colorado, !, Msrioa 2. Miller administrator 81
said estate. will appear before tho Judge of
aid Court, present my Anal ss-ttl-m-at a such
administrator. pray the approval at the same.
and will then apply to be discharged a. such
administrator. \. which time aud place any
person in interest may spprsr and present oh
i-ctions to the same IL any there b..
Dated at La Junts, Colorado, January t,h.
isA.
MARION p. MILLER
Administrator of tho Estate Of Rot-rt Lnrki~
deceased.
First publication. January g. faDs.
Last publication. February g. 1904.
La Junta tribune., 1904-02-03
Aee,ie.,ie. to l.... stat. l..s..
Dn>vEE. CoLorADo. .

DE>yEE. CoLoEkDo.
January i3th. lsos,
NOTICE Is HEREBY GIVEN THAT John
~ u. N-l-on. vho-e y-ssto6ire address l. Hixhre
Colo. 90 January 4. t<lt. made application No.
ysss to the State Board of Land Commi>s lon.
ers TO Lease the following described School
Lands. situate in Ot~ro county. Color ado. towit
East on--half, and ras, oo~-hsh 81 west ooe-
half. section sixteen. township t~-nty---ven
south. range hfty four wet.
No osh-r applications tn lease the above do
scrib,-d premises or ob!-ctioas against the
above application will h- considered after Feb
ruary Il, iNi- -
MARK q. WOODRUFF,
Register State Board Land Comm Ssh loaers.
First publication. January i6. 1914
Last publication. February g. 1904.
La Junta tribune., 1904-02-03
Aes,,e.ue. to Less. stat. ...ss.
DEsyER. CoLonApo. /

DEsyER, CoLonADo.t
January II, I4o.
NOTICE Is HEREBY GIVEN THAT J.
~ Christ Lubd. vho-~ postofhnc address IL
La Jun,a, Colo. on January II. 1904, made APP
indemnity school lands. situate In Ot-ro county.
Colo, to-wit: East one-hAK Of northwest ONE
fourth. section thirtyt~o. township twenty two
-outh. rnns- hfty four west,
No other application to lra-, the above de-
-ctit~d premises or objections ssa inst th. above
application will be considered after February
Il. 1904.
MARK @. WOODRUFF.
Register STATE Bo4rd Land Com miSsioners-
First publication January II, tfot.
Last publication February J. tyDs.
La Junta tribune., 1904-02-03

Hon. John Shenick. Chicago Alderman
sesadang q 220 So Peoria 81. owes his
We win let him tell II: 1.-TWO years ago
during political campaign, caught cold
sitter 6eing .overheafed, which irTitsfed my
throat and I was finally compelled to stop =
I could not speak aloud. In my cstTemitya
friend advised me to use Chamberiain's
Cough Remedy. took two doses that
a4tefnoon and could not believe my senses
when found the next morning the infiam-
natioa had largely subsided. took several
oooes thakday. kept right ontalkin1 through
the campaign, and I thank this m~dic}ne
that ! ~ on my scst IN the Council, for had
not been able to continue my meetinZs.
would no doubt have been unable 10 secure
sui4c3ent votes. Since that time I have
peaised this medicine to dozens of my
fyiends. Ny wife has also used Il and Ne
6nd Il . valuable household remedy"
The Springfield herald., 1904-12-02
A FrixliJ0ued Horse,

Running like mad down the
street. dumping the occupants, OF
a hundred other accidents are ev.
cry day occurrences. 1t behoves
Ayeryb body to have reliab BILE Salve
handy and there's none as good as
Bucklen's Arnica Salye. Burns,
Cuts, Sores, Eczema and Piles dis.
appear quickly nnder its soothing
effect. Csc, at all druggists.
j. II. Stinson and u cattle buyer
from southern Kansas came in
from Lamar yesterday.
A Young man bicyclist passed
through Tuesday morning enroute
from Rocdy Ford to Hooker. Okla.
2. w. DeCamp went TO the ce-
dsrs tor wood Wednesday. Mrs
DeCamp carried the Blaine mail.
Mr.. and Mrs. II. h. Ward we're
In ,owlr Tuesday investigating the
matter securing place OF resi-
tN-:rc;