davidaulloa/AmericanStories huggingface dataset:
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20

said claimants he ought of right to
render the said sum of $6751.4S, and
fears that ne may suffer injury from
the conflicting claims of the said de-
PENDANTS.
In tender consideration whereof, and
for as much as your orator is without
remedy in the premises except in
Court of Equity, and to the end that
the said defendants and each of them,
may be required to make full and di-
rect answers to the same, and that the
said defendants may severally set forth
to which of them the said sum of &c.
751.4S of right belongs and is payable,
and how in particular they make out
their claim thereof, and that the said
defendants may inter-plead and settle
and adjust their said demands between
themselves, your orator being willing
and DESTROYS, and agreeing that the
said sum may be paid to such of them
to whom the same shall in the judg-
ment of the Court appear of right to
belong, and that your orator may be at
liberty to bring and pay the said sum
of $675l.4S unto this Honorable Court,
which your orator hereby offers to do,
for the benefit of such of the defend
ants as appear to be entitled thereto,
and subject to the further order of this
Court; and that your orator may have
such other and further relief in the
premises as equity may require, and to
your Honor may seem meet.
May it please your Honor to grant
unto your orator a Writ of Subpoena
to be directed to the said defendants,
Hong Quon, L. Apana, l.. Tuckong,
Tong Chung Wal, Lum Say Kan, T.
Chung Soy, Lum Chung Wa, l.. Alai
and Leong Nam copartners doing bust
ness under the firm name and style Of
Sing Chong & Co.. the North German
Fire Insurance Company a corporation
organized and doing business under and
by virtue of the laws of the State Of
New York; the Royal Insurance Com
pany, corporation organized and eX-
listing under and by virtue of the laws
of the United Kingdom of Great Brit
ain and Ireland, ana doing business
within the Territory Of Hawaii; and
the Liverpool & London & Globe Insur-
ance Company, a corporation organized
and existing under and by virtue of the
laws Of the United Kingdom Of Great
Britain and Ireland, and doing business
within the Territory Of Hawaii; thereby
commanding them ana each OF them, at
a certain time ana under a certain PEN
atty therein to be- limited, personally 10
appear before this Honorable Court
and then ana there FUN true, direct and
perfect answer make to am ana singular
the premises, ana further 10 stand 10
perform ana abide such further order
direction ana decree therein aa 20 This
Honorable Court shan seem agreeable
10 eQuilS ana good conscience"
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20
Berger Says The Band
May Have To GO Away

The government band may have to
go away or suffer at least partial
disintegration, says Kappelmiester
Berger, on account of the smallness
of the appropriation for the coming
year. The present scale of expendi
lures continues up to June 80, unless
the governor should take action to put
the law of July next into effect at
once, as he is authorized by joint reso-
luton to do. When the cut comes
says Berger, the monthly sum win not
be enough to hold the present band
together.
we had a cut of 5000 month
which went into effect last January"
said Berger land now there is to be
another cut of $500. l cannot ask the
boys who have been getting $50 and
more a month to come down to $35 or
$50. In some cases if the band is to
be kept up, 1 shall have to take new
boys and teach them, dropping the
higher salaried men.
Il would rather not go away, if
means can be found to maintain the
organization here. Perhaps there
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20

Senator Palmer p. Woods of Hawaii
has come out for Hearst The Demo-
cratic senator today declared himself as
a supporter of Hearst and said more
over that he is in favor of the Demo-
cratic delegation to st. Louis being in
structed for the Californian.
81 have looked over the political sit
uation carefully said Senator Woods
this afternoon, and I am satisfied that
Hearst is the man that the Democratic
Party should nominate, and especially
the man to whom Hawaii should give
it's support i'm the st. Louis Convention.
am i'm favor of our delegation to St.
Louis being instructed for Hearst and I
urge all Democrats to work to accom-
plish this end.
1T is not necessary at this time, to
enter a discussion of the political sit
uation. The fight is along such lines
as must be apparent to all The issues
of our national politics are clear-cut
and the opportunity for the Democrats
making a winning fight this campaign
is the brightest that has presented it.
self in recent years. To win our hgh
we have but to follow the lines lait
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20
Wants To Get Rid Of
Fire Claims Money

r. w. Breckons is bringing about
twenty suits in the Federal court in be-
half of F. w. MacLennan the United
States Treasury disbursing agent who
came here with a million dollars for
Chinatown fire claims and still has
some of the money. The object of the
suits, as far as MacLennan is concern
ed, is to get rid of the coin, so that
conflicting claims may be determined.
The suits are all in cases where vari-
Gus parties have claims upon the
awards, most of them. being insurance
cases. The sum still in the possession
of MacLennan, and of which he wants
to dispose, aggregates about 100000.
The complaints set forth the facts as
to the destruction of Chinatown and
subsequent steps to adjudicate and pay
claims, the appropriation of a million
dollars by Congress and appointment Of
MacLennan ais disbursing agent. The
following from the complaint in the
case of William F. MacLennan VS..
Hong Quon ct al, is in the same form as
the other twenty suits:
That by reason of the passage of
said Act Of Congress, the appointment
Of your said orator as disbursing agent,
and the placing in his hands of said
sum of one million dollars, there is now
in the possession of your said orator,
for the purpose of paying in part the
said judgment rendered on the oath day
of May, A. d. 1902, and a copy of the
record of which is hereinbefOre set
forth, the sum of $6751.48.
That the said sum of $6751.4S is now
in the hands of your said orator, and is
due from your said orator to the per-
son or persons entitled to the same I'M
der the said judgment so as aforesaid
rendered on the oath day Of May, A. d.
1902; and your orator has always been
ready and willing, and now is ready
and willing, and hereby offers to pay
the said sum of $6751 As in such manner
and to such person or persons as your
Honor shall direct
That the said Hong Quon, /. Apana,
L. Tuckong, Tong Phong, Tong Chung
Wal, Lum Say Kan, r, Chung Soy
Lum Chung Wa, l.. Alai, and Leong
Nam, co-partners as aforesaid, and the
said North German Fire Insurance
Company, the said Royal Insurance
Company, and the said Liverpool &
London & Globe Insurance Company,
and each Of them, severally set mp
claims to the said sum OF i675i.4S, and
each OF them do severally ana distinct
IS insist of some right or title 10 said
sum- and do threaten 10 commence ana
bring several actions al law against
him FOR the payment Of tho same ana
90 vex and harrass him cou-
corning the same, which donFs Of the
said defendants are contrary 20 equity
and good conscience, and trud 90 the
manifest injury of your said orator Ana
your orator does not know 90 which of
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20
sIrIrs DIsCONrINrED.

The suit Of Bishop & Co, VS.. II. W,
Schmidt, w. r. Castle, Jr., and h. II
Paris for $4,000 on a note has been
discontinued. Kahalewai vs.. Tong
Yam, suit for $1,000 damages for mali
cious prosecution, has been disconti-
nued, The suit for restitution of leased
premises brought by Julia COlburn at
al, against l., All Leong has been dis
continued. The premises are situated
at the mauka eva corner of Punchbowl
and Queen streets. A, A. de Mattos vs..
Hawaii Land CO., was dismissed by
Judge Robinson Tor want of prsecu-
ton,
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20

may be subscriptions to make up the
deficit. l am at present in correspond
dence with several parties and have
been discussing a tour with Joe Cohen,
but have not seen the Governor since
the appropriation bin passed and do
not know what is to be done. He au-
thOrized me to enter into correspond
ence with people at st. Louis and else
where, to arrange for a tour, and 1
have done so.
IF the band should be away for
three or four months, that much of
it's appropriation could be saved, and
the balance would be enough for the
rest of the year, if we could be al
lowed to use it all that way.
II think it is my duty if there is an
opportunity for the boys to make some
money and have a "trip to st. Louis
and elsewhere, to try and make ar
rangements. They get only small pay
from the government while on the
trip they are to get two and a half or
three dollars a day and their expenses
1t is a chance which they will all prob
ably jump it, though 1 have not yet
talked to them about it,"
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20
''CARTER'S COWBOYS

There is all kinds of talk of the
style and manner in which the Repub-
lican Delegation to the National Con-
vention should go to the Windy City"
Much of the talk is mere badinage, but
there is stin a good deal Of feeling
that the delegation ought to adopt
some striking idea to be worked out
in its progress across the continent
that would call attention to Hawaii
and serve to advertise the territory
One Of the suggestions that has been
made is to go as a hand of Carriers
Cowboys" or rough riders, or some
other catchy notice.
One proposal is that some arrange
ment shall be made with J. c. Cohen
and the band by which the band win
be taken along.
The lists are still open for sugges-
tions which will help the delegation
attract attention as it goes along.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20

down by Hearst and I believe that we
should unite solidly to accomplish this
result.
Hawaii is more than usually con-
cerned I'm the nomination of Hearst.
While he is a resident of New York he
is nevertheless a Californian by birth,
and as such, he has the interests Of
Hawaii more at heart than any other
man that could be put up. 1t is impor-
tant to Hawaii to see him elected
While we can not contribute directly to
his election, we can contribute to secure
his nomination. 1t is to our interests to
do this and hope to see practically no
opposition in our convention to in
structing the delegation for Hearst.
There is now the strongest senti-
ment in favor of sending an instruct
ed delegation from Hawaii for Hearst
and as the issues of the campaign be-
come more fully known, and the people
,ealize more fully the extent to which
Hearst stands as their champion, l be-
lieve that the demand that our delega.
ton support Hearst in the convention
will be so overwhelming that the con
vention will be a unit on this score"
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20
LIGHTHOUSE
SUPPLIES DUE

( A quantity of supplies for the local
lighthouse system are expected by
Captain Niblack the assistant light
house inspector 1t has been de-
cided to adopt type of light for the
local system and these Will be installed
In ambition to the new lights for
the system, there will be buoys and
apparatus necessary to the installation
of the improvements. A number of
improvements are to be made but Cap
tain Niblack has not determined as yet
where he will start this work first
The lights will be Of greater power
than those now throughout the sys-
TEN.
Through permission of Admiral Ter
ry, the commandant of the Naval
station, Captain Niblack has been al
lowed to have the use Of a house on
the naval reservation as a warehouse
for the lighthouse supplies. Later the
lighthouse service win secure its own
warehouse. There are ample funds
with which to improve the Hawaiian
lighthouse system and Captain Nib
lack intends to put 1t on first class
basis without delay.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20
HIS MOTHER Will
COMMIT HARI KARI
JAPANESE MARRIAGE DEAL
LANDED TWO MEN IN JAIL AND
SENT THE WOMAN HOME.

Another story of a broken up Jap
anese marriage deal was unfolded in
Judge Doles court this morning, with
a promised tragedy in Japan as a pos
sible result. ToraNichi Shoda APP
peared for sentence on charge of I'M
lawful Importation of a woman He
had been misled by others into the
deal and District Attornel Breckons
Joined with Rawlins for the defense
in favoring leniency Judge Dole i'm
posed the lightest sentence allowed by
the law, which was y months i'm
prsOnment and a fine of 81.
Torakichi had a marriage arranged
with the woman ShOda, whom he i'm
ported. He sold her to one Wada.
who is now serving time in Oahu Jail
as a member of the Ten Dollar club.
The woman has been sent back home
and the whole deal is now off
Shoda told Judge Dole this morn
ing that he thought his mother in
Japan would commit suicide when she
heard of his imprisonment. she is
sixty years of age" he said land has
no support but what 1 send her. When
she hears l am in jail she is likely to
commit suicide"
In this country marriage cannot
be terminated by the parties to it,"
Judge Dole said in giving sentence.
THE laws provide that only the
courts shah be able to terminate mar
riages and for certain proper reasons.
In view of the statement of your at
torney and the district attorneys
oponion that the case is one calling
for leniency, the court will impose the
Hghtest sentence allowed"
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20
JAPANEsE DAILY cHRONICLE

Articles of association have been
filed in the office of the Treasurer of
Hawaii by the Hawaiian Japanese
Daily Chronicle Company Limited,
whose incorporatOrs and directors are
H. Tsurushima, president; T. Ito, sec
etary; G. Nakamura treasurer; Y.
Muto, auditor and Y. Akatsuka. 1t is
newspaper concern with a capital
stock of $4,000 divided into 60 shares of
$50 each, with privilege of increasing
to 100000 The principal Office is ait
Honolulu and the term of the charter
so years.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20

The Supreme Court, with Justice
Galbraith dissenting, today gave de-
cision in the case of e. O.. Hall & Sons
VS.. Lyle A. Dickey. The suit was for a
peremptory writ of mandamus to com
pei Dickey to issue an execution for
$3O940, i'm case where Dickey had Civ
en- judgment. Dickey refused to issue
execution on the ground that the stat
ute regarding executions did not au-
thorize him to do so, not being appr-
cable in cases involving over $40. The
main question decided is as to whether
the statute requiring a bond or no
bond in the magistrates discretion, to
procure a stay of execution, operates to
obstruct the right of trial by jury.
The opinion of the court, by Justice
Perry, says
THE statute, it must be observed.
does not give the magistrates the arbi-
trary power of determining what appel-
! lants may have an appeal or a Jury
trial without depositing the bond and
what ones only after such deposit. 1t
merely vests in them the power to de-
termine in their discretion. a judicial
discretion, in what cases the bond shall
be required, and goes further and fur
nishes the standard by which they are
to be guided in arriving at that deter
mination, by providing that the bond
shall be required only in those cases in
which good cause is shown for the i'm
mediate issuance of execution. If this
discretion is abused there is a remedy
by appeal. There is no inequality in
the provision. All are treated alike who
are situated under like circumstan-
Ices,
Inequality, indeed, there might be If
dishonest parties appealing solely for
the purposes of delay or of harassinR
the appellee, should be permitted to
prevent the enforcement of just judg-
ment without being required to give
some such security as is here provided
for. As was said by the Supreme Court
of Pennsylvania in Biddle V. Common
wealth, 10 S. & r. 4O5, All, in answering
the contention that the right of appeal
and of trial by jury was clogged with
the statutory condition of the appel
lant's making oath that he verify be.
lieved that injustice had been done him
and that the appeal was not made for
the purpose of delay, (this condition i,
very similar, if not the same in sub
stance as, that prescribed by our stat
ute): This is no more than whole
some regulation. The object of court
is, to administer justice, and no MAJ
has a right to complain, because he i
refused an appeal intended for the pur
pose of delay, or in a case in which n
does not think that he has suffered in
justice. 1t might-as well be said, tina
the trial by jury was attacked by a Law
which should forbid a defendant to pu
in dilatory plea or to plead non es
factum i'm an action of debt on a bond
without swearing that he believed tn,
} matter of the plea to be true. Law
such as these promote justice. and leav
l the substance of the trial by jury un
b impaired, and that is all that is re
quired by these expressions in tn
/ Constitution, that trial by jury shall
t be as heretofore
/ The court holds that the responder
t should have been sued as district ma
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20

gistrate and not in his individual capa-
city but that the intent 10 sue him as
magistrate was evident An amend
ment will be allowed and a peremptory
writ viii be issued directing Dukey to
issue an execution at once unles a bond
is filed says the decision.
Justice Galbraith takes decidedly
different view declaring one of his
reasons for denying the writ to be
elementary" His dissenting opinion
gives the following as the first rea-
son for denying the writ:
THAT the defendant is sued as Lyle
A. Dickey, not as Lyle A. Dickey, First
District Magistrate of Honolulu, and
the writ is directed to himself in the
same form. This court might compel by
mandamus the defendant as an Of
fetal to perform some duty required Of
him by law and which he refuses to
perform but as an individual, we have
no power to control his conduct by
this extraordinary writ This propo-
sitiOn is elementary"
Justice Galbraith further says:
ASIDE from the foregoing objections
this statute if it means what the plain
tiff contends it means, placed restric-
tiOns and limitations around the con-
stitutional right of trial by jury or
method of obtaining it that is clearly
beyond the power of the Territorial
Legislature to do The mandate alike
to the Legislature and the court is that
the right of trial by jury must be pre-
served Placing the power within
the discretion of a. district magistrate
to deny the right to appeal to the
circuit court where the right to q jury
trial may be had or to make it cOndi-
tional on going a bond within the dis
erection of the magistrate is certainly
restricting the right in such manner
that il cannot properly be said to be
preserved In other words 1T places
restrictions on the right to appeal in
some cases that is not required in
others.
What this court said in regard to
this statute prior to the adoption Of
the amendment now under cOnsidera-
; ton is equally pertinent in this con-
nection, namely There is strong
/ ground for the contention that the is
suance of execution on the Judgment
of the District Court where a jury
trial is impossible pending an appeal
~ NllF vi tNAA NOul WAFl = ouAAl a II ltlA
is available is practically a denial of
the right to a jury trial, To be
entirely effective this right should be
available before the defendants pro-
peHty is seized and sold under execu-
8 ton, To seize ana sell his property
n and then permit him to have a jury
; trial to determine whether or not II
- should have been seized and sold, is, to
Q put ii mildly, placing restrictions about
o. the constitutional guarantee that ought
I not to be upheld
v The statute is wrong in theory. II
Z gives an obvious advantage to the
? wealthy over the poor Htigant. If a
bond to pay the Judgment on appeal
, is required as a condition to an appeal
. ii ought to be required in an cases
not left to the discretion of a district
magistrate or any other officer to say
who shall give bond and who shall
not before appealed to the Circuit
Q Court.
u The peremptory writ should be de-
MED and the proceedings dismissed"
t J. a. Mathewman appeared for petit
- toner and W. c, Achi for respondent.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20
PUSHING THE BAND PROJECT.

Joe Cohen will bring his band pro-
ject to the attention of the Chamber
Of Commerce at its meeting this af-
ternoon. He win once more seek to
enlist the aid Of the citizens in the
plan to take the band on a concert
tour of the mainland as an adver-
Using scheme. ISL
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20
NEW ADVERTISEMENTS
EVA PLANTATION CO.sev-,

The Directors OF this corpOrationha
ing declared a monthly 'diviaend t0fPlk
OF 10, Dividend No. so is due andpay-
able on Saturday, April the 5Oth, ktsgf,
to stockholders OF record al. the CLOSE %
the stocktransfer books Thur}day,
April the 2lst, 1904, at p. m.
The stOcktransfer books viii be, re-
opened Monday May End, 1891 h
w. A. BOWEN.
Treasurer
Honolulu, April TO- 1904 ~
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20
A NEW sTEAMER

The Union Steamship Company has
decided to place the company's splen-
did new steamer Munuka on the Van
Ioouyer line for one trip taking the
place OF the Moana, The Manuka Will
leave sydney on May 10 for Brisbane,
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20
THE DELEGATES.

There viii be at least nine delegates
to the National Convention At Chi-
cargo. Senator McCandless and s. l..
Desha have stated that they win not
go The six delegates, Carter, Kuhio
Hoogs, Robertson, Robinson and
Knudseh, will all go, and Breckons
Dickey and Brodie will go as alter
mates.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20
KALI REsIGNs.

District Magistrate Kali OF Waia-
'ua' who appeared before Judge Lind
say yesterday on a charge Of adult
terry has sent his resignation as ma
glstrate 10 the governor
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20
LONDON BEETs.

SAN FRANCISCO Aprll no. The
London price OF IS analysts becta this
day ID 3 shilllngs, ga pence.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20
MoNINn RAcK.

The Public Works Department is
moving back 10 the senate chambers
in the capitol building
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20
DICKEY Ordered
TO ISSUE EXECUTION

SUPREME COURT HANDS ANOTHER MAJORITY DECISION
WITH JUSTICE GALBRAITH DIssENTING-THE QUESTION
DISTRICT EXECUTIONS BONDS
OBSTRUCTION
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20

Twenty-Five cents pays for "a Want
ad in the star A bargain,
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20

Fiji, and Honolulu and Vancouver.
The Manuka is of 5000 tons displace-
ment
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20
Palmer Woods Declares
In Favor OF Hearst

HAWAII PLACES HIMSELF
ORD THIS AFTERNOON MATTER DELE
CATION NATIONAL CONvENToN-FAvoRs INsTRUCTING
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20
HoNoLULU sT0cK HNoHANaH.


notwoen Boards $4,000 Iiahutu bonds.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-20

Honolulu, Apnl 20 1904 = ~ 7
La democracia. (Ponce, P.R.) 1890-1948, 1904-10-08
TRIBUNAl-ES

En- la Corts de Distrito de esta ca
pital Sc nan presentado en- / a maf1ana
de hoy varias mociones, una del abo-
gado Moraza, pidiendo que Sc citen
los interesados en- la cuenta divisoria
de los biAnes de don Ramon Dimas
Estruch. Otra sobre divorcio de don
Ramon Dimas Hernandez con su Sc
nora Maria del Carmen Ortiz.
Ell abogado Freire Barbosa ha
presentado una moci6n sobre declara
toria de bienes de Domingo Chtclana
y otra sobre divorcio de don Antonio
Costoso con su sonora.
La Corte de Distrito ha senalado
para ell dia Is de O:tubre, 4 las nue.
We, Ell pleito de divorcio de don Auto
Mo Costoso con su esposa.
\ para ell dfa L del corrriente, a
vista de los dos expedientes de domi-
Mo de fncas rdsticas del barrio de
Santurce