davidaulloa/AmericanStories huggingface dataset:
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28
Russian Hopes Now
Center In the Army

st. Petersburg. April 15.-An Official
correction has been issued. according
to which 1t was the torpedo boat dc.
strOyer Strashni, and not the Bezstras-
hni. which became separated from tho
rest Of the fleet in the early morning
Of Wednesday last and was sunk by the
Japanese torpedo boat destroyers.
UNOFFICIAL dispatches received here
from Port Arthur repeat that II was
the Bezstrashni and not the Strashni,
as reported in the official dispatches,
which became separated from the rest
OF the fleet and was sunk by the Jap.
anese torpedo boat destroyers.
Information which has slowly reach.
ed st. Petersburg has modified the
opinion at first prevailing concerning
the original cause of the destruction OF
the Petropavlovsk. There is gradually
developing disposition to admit the
possibility that. after all. japanese tor
pedo boats may have dropped mines al
the entrance to Port Arthur harbor. .
There are now only two unchanged
battleships, the Peresvlet and the Sc
vastopol, in the harbor at Port Arthur
but some Of the damaged vessels have
been repaired, although their exac,
number and cosditions are not known
The other electives are the armoret
cruiser Bayan, the first.class cruisers
Askold and Diana, the second.class
cruiser Novik. the torpedo gunboat,
Vzadnik and Gaydamak. the gunboat.
Gremiaschchi, Otvsshni, Giliak ant
Bobr, the cruisers Djidjld. Razboynil
and Zeabika and the torpedo boat de
stroyers, whose exact number Is no
known.
Altogether ten Russian vessels havt
been damaged or lost since the out
break of the war.
The disaster of "Wednesday ends thu
hope that the Inflated Port Arthur
squadron would be able to become al
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28
PRIVATE FISHERI,S
ACCORDING TO LAW MAY
NEVER BE OPEN

In reply to a cablegram from S. N.
Damon, inquiring for farther informa-
ton regarding the United States Su-
prcmc Court decision in the fisheries
cases, +. ". Hatch. counsel for Mr..
Damon. replied today: won on all
POINTS ! mis- means that the Territory
has lest on all points and the ques-
toms raised in the Damon case apply
to seventy-eight other cases filed by
the Territory of Hawaii, Covering In
all some li0 odd claims OF private
rights in fisheries in Hawaiian waters.
The Territory, under the Organic Act
may, If 1t so elects, condemn and pur-
chase these fisheries, proceeding that
would cost in the end a sum variously
estimated at from s300,000 to $500, 600.
A. q. NJ. Robertson, who was attor-
ney for the Territory In the trial Of
the cases before the Territorial SUI
Iprcme Court, said: The Damon claim
differed from the claim of the Bishop
Estate, which was also tried here and
which corresponds to the greater num-
Der of the fisheries cases. Besides re-
lying on the general konohiki rights in
the fishery, Damon's claim rested OIL
II second point, to-wit: a reference in
the Royal Patent TO the lands of Mo-
analua, TO fishing rights adjacent
thereto, In the Bishop Estates claim
to the fisheries at Waialae, the land
was covered by a patent but no refer
ence was made to fisheries, so they re-
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28
HUGE FEES FOR LAWYERS.
New York World

The fee of ''Cool million" which
Wall street guesses that William Mel.
son Cromwell will get for his services
as counsel for the Panama Canal Com.
pany may not be regarded as exorbi.
tant. The safe guidance OF the inter.
ests Of the French company" during
intricate negotiations called for legal
skill of the kind which attains it's
highest development in corporation
practice.
This, It Is believed. is the highest
figure in lawyers fees. realizing in
cash what Mr.. Max Pam was 10 have
received in collateral for his ser.
vices in the Bethlehem Shipbullding
trust affair. Its size is significant of
the commercial expansion of the past
quarter of century. The $4,000
received by John l.. Parsons for or
ganizing the Sugar trust, deemed eX'
cessive at the time. but justified by
the law.defying substantially OF the
work. would not today excite comment.
Crime no longer holds out such legal
rewards as are offered by commerce,
The lawyers who defended Whitaker
Wright got only about s25 1000 for their
services. Garfield was reputed to
have paid John y. Stanchfeld $50 900
for dissolyinG the injunction against
him. John G. Carlisle got 5000 for
his conduct of the Preston Beal case
before the Kentucky court of appeals.
In the scale Of fees these correspond
only to those paid In the lesser litiga'
ton Of corporations not yet expanded
TO trust size. Suits involving large es
tatcs yield counsel returns partly com
mensuratc. The Fiske will case
against Cornell university cost tho
heirs si00.0OO. The legal expenses in
the Fair will case are said to have
amounted 20 sS90.CJ0.
The prevailing higher rate Of legal
compensation is indicated in the coun.
sci fees Of s25. 600 allowed by the court
In recent local divorce case. But
Mr.. Cromwelrs fee, il II really Is to be
million, represents more than the
average yearly income OF 1000 young
lawyers.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28

retent evidence OF what the Chief JUS
tice did. If this record does not reflect
credit on the Official standing of the
Chief Justice, II II requires an extend
ed defense or counter attack to dis
tract attention from the main issue. the
course of the defense does not, to say
the least, inspire confidence in the rec
ord as an evidence of strict judicial
rectitude.
A conspiracy is as impossible in this
Instance. as IL is to find an example in
judicial history of the United States
where action similar to that taken by
the Chief Justice in this County law
business has been acclaimed as full
filling high ideals of justice or judi
cial propriety. The conspiracy cry may
well cause a smile.
All Hawaii asks is that its Chief Jus
tice and all other Justices of the SUI
preme Court shall meet the measure
laid down by Chief Justice Bell of New
Hampshire when he said. .E
The most perfect integrity that can
be in judges is no hindrance why they
ought not of their own accord to OBJ
,stain from hearing causes in which
tthey may have some interest or where
there may be some just ground for sus-
liedting them; for although judges may
lbe above the weakness of suffering
themselves to be biased or corrupt, yet
they ought to mistrust themselves ant
not draw upon themselves the just re
~ oach of rash proceeding"
Does Chief Justice F'rear fulfill thi.
very practical declaration on judicia
rectitude? Does the evidence in tn,
County bill history so indicate?
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28
WHO FRAMED APPELLANT ACT?
Continued from Pace ~

80. Laws of 1903, should be read az
though IL were written 'appellant'."
In the body of the majority opinion,
in which Frear concurs. there appears
the following.
I'VE have no hesitation in holding
that the word applicant should be
read as though 1t were written appel.
liant; and 1t is immaterial in this re.
spcct whether the word was purposely
used as written to denote the party
who Is appealing or was inadvertently,
through an error of the copyist, so
written in place of the word appel.
liant although we think that the latter
is the correct explanation"
Agaiif the decision says:
ut meant eithe- the applicant for
an appeal-an unusual term of descrip.
ton no doubt-or, as we think, 1t
mean the appellant and intended to
use that term but through inadver.
tence permitted the word applicant to
find its way into the enrolled copy Of
the bill"
Associated Justice Galbraith in dis
senting makes some very decided re.
marks on how the Court can determine
what was In the mind OF the Trainer
OF the Act. He said:
ut (the statute) reads unless the
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28
NO cASn.-THBN ABUSE.

II you have no case abuse the other
side.
This is just what the defenders OF
Chief Justice Frear are doing In re-
spending to the clear cut record that
Chief Justice Frear volunteered MS
assistance in framing the County law
and later, twice passed judgment on
the law from the bench. A search ior
presidents has proved unavailing' The
precedent" from Justice Finch and
New York legislator proves to be
bill prepared by The Justices Of The
Court of Appeals affecting judicial SAL
aries" A salary bin y quite differ
ent affair from County bill involving
radical changes In thelYhole system OF
laws. But supposing the cases we've
parallel up to this point, the "prece-
dent" furnishes no precedent for the
Justices passing upon the validity OF
their work from the bench. This pre-
cedent leaves Chief Justice Frear out
IN the cold, decidedly so. L. ,s|.
Failing to MAJ good on "prece-
dents" the cry Of conspiracy is raised
accompanied by the'usuaI abuse of the
other side.
Where in the maine of all that is good
or evil can conspiracy be found in
an open record? In the common course
OF public affairs the letter of the Chief
Justice, his voluntary suggestions and
his judicial acts are properly classed
as evidence. 1t is evidence, very com
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28
Now Its
Lace Curtains

Chance throws in our way
now and again the opportunity
to present standard goods at
greatly reduced prices and this IS
what we are now doing with our
Arabian lace curtains.
These are made in perfee. i'm :
tation OF the real Arabian cor
tains; all in handsome appliq &c
designs and in the Arabian eeru
color.
They arc the curtains used in
many richly furnished homes
and are considered more fashion,
able and servieeable than white.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28
Don't You Think So?

-onslow could take worthless write n
II $65OO0-Thats Genusl
a a make
$5O00OO0.-Thats
The United
Eagle Bird" make 1 $200O-Thats
woman purchase hat for 9Sc but
II shness
ditch digger works
s125-Thats Iabori
We write be a cent
There claim cheap
phenon.-Thats Coneeih
practical man, OBSERVATION-DISCLOSURES COMMON sENsEI
STEPHENSON
That's the
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28

lied wholly on konohiki rights. Eat2h's
cablegram stating that he won on all
points seems to settle II absolutely that
the Territory has lost everything.
1T follows. then. that the provision
in the Organic Act that fisheries n lls-
waiian waters shall be open 70 all cit
liens subject TO vested rights does not
amount TO much. The private claim
ants in all the other cases rely on the
vested rights and the landlords seem
TO be triumphant
As to the course necessary now, to
be pursued by the Territory to make
the fisheries of these Islands free, Mr.,
Robertson said The Organic Act
leaves 1t optional with the Territory
10 condemn and purchase fisheries. The
section reads may not shall as re-
member It; and II such is the case, II
will probably be a long time before the
Territory owns the fisheries
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28
FRBAR 8 TecHNIcALiTIES

4 wonderful crop of explanations
has arisen from the struggle to prove
that Chief.JustiCe Frear was fulfilling
a high sense of judicial propricty and
integrity in volunteering suggestions
to the manager of the County Bill In
sitting on the bench and passing judg'
ment on the law. Thurston's paper
boldly says II Is right but signally fails
to cite any American precedent for
this extraordinary proceeding. An
evening paper not having summoned
courage for an editorial opinion says
In a news-article that the suggestions
OF the Chief.JustiCe were technical y.
How this absolves the ChefJustice
from his record Of dabbling with laws
and then sitting in Judgment on them
We have yet to discover.
As has been previously stated by this
paper, It is a well-established maxim
that no man can be a judge In a cause
in which he Is interested. Is II to be
inferred that technical" suggestions
are outside this maXim.-that the Chief
Justice would not, could not, be influ'
enced in his decisions by technicality
which he might draw and then be
called to pass upon? If this be the
claim II must then be remembered that
It was technicality on which the
County Law was defeated in the Su
- .,.hfaI M Epaar lie tho
Chief.Justice.
The Bulletin has watched the expla
nations following the publication OF
the Chief-Justice's letter to Represent
alive Chilllngworth with deep interest
II has searched to discover a single
parallel to Chief-Justice Frear's action
one competent or convincing proof
that Mr.. Frear was following the high
est or even an average ideal as es-
tablished by the history of exemplary
judicial standards.
Mr.. Thurston's paper defense is that
the Chief.Justice did II, and therefore
It must be right. This is typical but
not convincing. His evening echo
says lHe SuBsSSllOHS "tlc N'NhhiN"
and therefore Frear was not wrong.
No one has met the statement con
tanned in the Frear letter where he
says, Il have not had time to &c
through II 1.-THE County Bill all yet
but enclose a few suggestions as ia
the first part and may later send other
SUGGESTIONS as to the remainder This
was only part. He was going further
In assisting in the makeup of a law
he must pass upon unless his ideas OF
judicial, propriety prevented him.
Other suggestions the Advertiser
plainly intimates were made by the
Chief.Justice, for It says that had his
suggestions been carried out the Coun
" Law would have been good one
This would be quite natural, of course
as Judge must rise above human fraD
ties to destroy his own handiwork.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28

statute and which to my mind better
effectuates the purpose Of the statute
than the plain word used? To do this
10 coming very near an act Of iegisia.
ton. Again, have no means of know.
Ing that some members of the Legisla-
ture did not favor this Act for the rea.
son that the word applicant was used
and might not have favored If the
word appellant had been substituted
for it,"
The question has naturally arisen
whether Chief Justice Frear framed
the Act and then, as a member of the
Supreme Court, interpreted 1t.
CHIEF Justice Frear refuses to say
aye, yes or no on this vital point. II
he did not frame the Act. there is ap.
parently no good reason why he should
not say so.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28
HAD HEARD OF IT OFTEN.

Teacher: What do you know of Me.
sopotamia?
Tommy obviously at first, becoming
more confident as he proceeds: Meso'
potamia isis an animal that inhabits
the rivers of Africa. You shoot 'em
with big double.barreled rlfes.-Kan'
sas City World.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28
WANTS AN INDICTMENT.

Nav" said little Albert, 81 don't
go to Sunday school no more"
"Why, am surprised" said the
Friend OF the Family. Don't you in
tend to go again."
III they begin giving trading stamps
ma might send me again. the saga
cious child replied.-Chicago Journal
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28
DARING SKILL OF SURGEONS,
New York World.l

Early in the month of March a sur
geon stood with the beating heart OF
a live man held in his hand. He took
six stitches in the organ, put 1t back
in the right place. and the man lived
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28
IN LUCK.

Jack: He's "a lucky fellow.
Ethel: Why?
Jack: You know that 500 watch his
friends presented him with. Well, he
succeeded in selling 1t for IS. - Chi
cago Journal.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28

Don't laugh at the mistakes OF 9TH
ers until you have had giggle over
your own.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28
If MIR. Dunno will apply for the posi-

If Mr.. Dunno Will apply for the posi-
ton to be vacated by Circuit Judge
Gear. Circuit Judge Little or Circuit
Judge Edings, the editor of the Adver-
tiser will be happy to sign his applica-
tion.--Advertiser.
Why limit It? Why not the Supreme
Bench?
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28

"For Sale" eards at Bulletin office.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28

Here are two items OF only one
pair Of each kind at specially
large reductions.
pair at $500 now. .... $500
I 600 ........ $50
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28

sale # on Souvenir Coins of Admission
to the Worlds Fair. These Souvenir
Coins of Admission are OF artistic and
appropriate design, are invaluable as
mementos of this greatest Of all EXPOSE
tons and are similar to the Columbian
Half Dollar, aside from their intrinsic
value, we. will accept them In exchange
for regular tickets of admission to the
Worlds Fair, and for this purpose will
maintain ticket office at the main en-
trance to the Fair Grounds, which will
be pen every day during the Worlds
Fair period. Everybody wants one Of
these Souvenirs, but only a limited
number will be offered for sale. Price
50 cents. With every Souvenir Coin
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-28

DON'T DELAY Write immedi.'
ately and remember that all you have to
do to enti'le you to participate in this
intellectualand profitable contest is to
enclose 50 cents for beautiful. rare and
artistic a q '"I0f
The Providence news. (Providence [R.I.]) 1891-1906, 1904-07-13
AUTO BOATS COMPETE
FOR THE GAY TROPHY.

Marblehead. Mass, July 1S.-Interest In
the auto boat races, which had been
planned to clIlminate today. In a grand
sueed trial between the boats. which In
the contests held on Monday and Tues
day had made the best time. waned sud
denly before the great event was started
because the Mercedes. the crack New
York boat which In trials had made better
time than any other craft. broke down
as she did on Monday. This LETT the
Autowin and the II the only candidates
for the cup offered by Rear Commodore
w. O. GAY OF the Eastern Yacht club.
The Autowin started at 10:45 and went
over the course alone. The II. the other
contestant for the Gay cup started In the
third class, but her time will be taken
for the i2lh miles which Is the course for
that class. and she viii continue cover
ing the Gay cup course and her time will
be placed against that OF the Autow1n In
competition for the trophy. Besides the
GAY cup event races were scheduled In
four classes as follows:
First, all launches over 90 feet rating;
second. all cabin boats and boats with
standing awning over q feet and not
over 50 feet; third, Hunting launches and
open boats over n feet and not over 30
feet: fourth, fishermen's launches not
over Il feet The races were started at
FIVE minutes intervals, the first-ciass
boats being sent away at IL o'clock.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-07-13
A SCITUATE
HOTEL
BURNED

Hotel Danielson. a small hostelry To-
Gated in the portion OF Scituate known as
sandersville. was completely destroyed by
fire at an early hour this morning, as
was a dwelling close by occupied by
James II. Russell. The total loss Is es-
timated to be In the neighborhood of
$4,000 The occupants of the hotel all
escaped injury. though they had scant
time in which to get together their
effects. and saved only what they could
grasp in their hasty flight from their
apartments.
The hotel is said TO have been managed
by william Swimburne and was a portion
of the old Sandersville Mill property, and
with the dwelling destroyed the last OF
the property to be devoured by the
flames. the mill itself having been burned
about year ago, having for some time
prior to that been used for prize fighting
purposes
The fire which was first discovered
about 2 o'clock, quickly ate its way up
from the rear where it commenced. and
in a very short time the entire structure
was wrapped In flames which continued
unabated until but little except ashes re-
mained of the hotel and the dwelling.
Before the dwelling became ignited the
efforts OF the populace however attracted
to the spot by the illumination were
bending all their efforts toward the saw
ing OF the property belonging to Mr.. Rus
sell being forced to cease their endeav-
ors when the house suffered the fate OF
the hotel.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-07-13

was nothing more than the routine busi-
ness OF the meeting and the session was
soon over.
THE wESTHRN.SIrUATI
People In the East do not for the most
part realize just how serious the ques-
tfon OF existence Is with those OF the
Miners federation who have been marked
by tho Citizens ellianoe. First OF all
this organization was formed and uses
the plan OF the sympathetic strike In
verted- The alliance has for its motto
the disruption OF all organized labor and
seeks first the so-called asrtators. These
men usually I'LL the places or business
agents and representatives OF the locals.
The alliance seeks these out and secret
ly has such pressure 70 bear upon that
they first lose favor with their locals
and then with the employers and are
driven TO starvation. or TO some other
section OF the country.
In the current number of McCures
magazine there ks an article summing up
the prosecutions OF one man among the
miners OF Idaho Springs This man.
whose name Is A. ID. Olcotf, was secre-
tary OF the local at the Springs. has
family there and has been a respectable
citizen there for more than nine years.
He was we'll known for h5s integrity.
When the Alliance marked him out for
tain work for long at any one place near
there The article relates the successive
attempts or this laioorer to obtain and re-
tain employment and the failure. tracing
through Il all the hand OF the Alliance.
This was the case' with him and II has
been the case with a vast number OF 9TH
ers and It may even be said that most or
the present trouble can be- traced to the
Alliance.
OTHER MATTERS OF INTEREST.
II Is desired that a statement made be
corrected. In the account of the meeting
OF the BARRIERS yesterday II was said that
there were two factions. THIS might have
created the impression that the contests
for the places on the delegation were not
on a friendly basis though the chief
friend was defeated. Such an impression
IL erroneous for II was with the utmost
good nature that the contest was con-
Quoted and the result IS known.
Almost all, OF the locals are beginning
to take an active interest In the prepara-
tons for Labor Day. interest being chief
ly centered on the coming chief marshal.
The Labor day committee met last
evening 10 continue its business. The ses-
sion was not unusually exciting. Bids are
still coming in for the place for the OUT
ing OF the day. No decision has oeen
made In the matter as yet. Mr.. Philip
Agnew was the occupant Of rhe chair TOT
the evening with his august portly pres
ence. the chairman being out' OF town'
The Providence news. (Providence [R.I.]) 1891-1906, 1904-07-13
DEFENDANTS TESTIFY
IN CONSPIRACY CASE.

In Judge wilbur's court today mast OF
the session was taken up with the hear
ing Of the testimony OF the defendants
in the case of State VS. James Carter ct
ais This is the conspiracy case in which
IL Is charged defendants conspired to
prevent certain sailors who worked on the
vessel 8. p. Blackburn performing their
duties.
Defendants deny having been guilty OF
any wrongful or illegal acts and say they
merely went to the Blackburn on the
14th day OF last March to induce the
crew to join the Sailors union.
One of the defendants, William Lowe.
was asked by the attorney general at the
close of a sharp cross examination IL he
was not going TO organize the sailors
with a club and much to the surprise OF
every one In the court room the answer
came very quickly. IT was yes"
Mr.. loves counsel tried to have this
answer explained away so he asked
Lowe what he meant by II. Lowe replied
''it was only foolish remark of mine.
Later Lowe said he did not intend TO
have any OF the crew of the vessel nor
did any OF the defendants.