davidaulloa/AmericanStories huggingface dataset:
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19

IN THE CIRCUIT LouRT OF THE
First Circuit, Territory Of Hawaii. At
Chambers; in Probate. In the Matter
Of the Estate Of A. B. Scrimgeour. De-
ceased. Order of Notice OF Hearing
Petition for Allowance of Final Ac-
counts, Distribution and Discharge. On
reading and filing the petition and &C.
counts of David Dayton, administrator
Of the estate of A. b. Scrimgeou,,
wherein he asks to be allowed $1,122.35
and he charges himself with $5.979.16,
and asks that the same may be exam.
ined and approved, and that final or.
der may be made of distribution of the
property remaining In his hands to tho
persons thereto entitled, and discharg-
Ing him and his sureties from all fur
Their responsibility as such admins
traitor, II Is ordered that Monday, the
3lst day of October, A. ID. 1904. at
10 o'clock a. m, before the Judge of
said court at the court room of the
said court at Honolulu. Island OF Oahu,
be and the same hereby Is appointed
as the time and place for hearing said
petition and accounts, and that all per.
sons interested may then and there
appear and show cause. II any they
have, why the same should not be
granted, and may present evidence as
to who are entitled to the said prop
erty. And that notice OF this order, in
the English language. be published In
The Evening Bulletin newspaper
printed and published in Honolulu
once a week, for three successive
weeks, the last publication to be not
less than two weeks previous to the
time therein appointed for said hear
ing.
Dated at Honolulu, this 10th day of
September, 1904.
J. T. DE BOLT,
First Judge First Circuit Court.
2S73-Sept. 10, 20; Oct. 8. 10.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19

Notice is hereby given that pursu.
ant to the order of the Honorable
George ID. Gear, Second Judge of the
Circuit Court of the First Judicial
Circuit, sitting at Chambers in Pro-
bate. made and entered on the 23rd
day Of August, 1904, in the matter of
the estate of Henry Congdon, deceas-
ed, Charles Phillips, Administrator OF
the Estate OF said Henry Congdon, de-
ceased, will offer for sale at public
auction and will sell to the highest
and best bidder for cash at the front
door Of the Judiciary Building In Ho-
nolulu. Island Of Oahu, Territory OF
Hawaii, on Monday, the 18th day of
September, 1904, at the hour of 12
o'clock noon Of said day. all the right,
title, interest and estate of the said
deceased in and to the following de-
scribed real estate. to wit:
/. All that certain piece of land
situate at the South slope OF Punch-
bowl Hill In Honolulu, Island OF Oahu,
Territory aforesaid. containing an
area Of 1880 square feet and known
as Lot No. 1876 and conveyed to said
deceased by Grant No. 3769.
2. All those certain pieces or par.
GELS of land situate In Kapiolani Park
Addition, Waikiki, Island Of Oahu,
Territory aforesaid, and known and
designated upon a map or diagram of
said Kapiolani Park Addition as Lots
Nos. ], q and of Block ID OF said Ad-
dition
The lot first mentioned is well grass
ed and in excellent condition. It is so
situated on the side Of Punchbowl
Hill as to command superb ocean
view overlooking Honolulu.
Terms of Sale - Cash In United
States Gold Coin. Sale subject to ap
proval and confirmation by the Court.
Deeds at expense OF purchasers.
Ten per cent. (10To) of the purchase
price to be paid upon the fall OF the
hammer and the balance upon confir-
nation Of the sale by the Court and
delivery Of deed to purchaser.
For full particulars and further In
formation apply to the undersigned at
his Office in the Campbell Block on
Merchant Street, said Honolulu, or at
the office of his attorneys. Smith &
Lewis, No, 209 Judd Building, said Ho.
nolulu.
Dated Honolulu. August 26th, 1904
CHARLES PHILLIPS.
Administrator of the Estate OF
Henry Congdon, Deceased.
2S54-Aug. %; Sept. 3, 10, II.
The sale of the above named proper
ty is hereby postponed to Saturday,
the LIST day of October, 1904, at ~
noon of said day, at front door of Judi
ciary Building. said Honolulu.
CHARLES PHILLIPS,
Administrator OF the Estate OF
Henry Congdon, Deceased
2S73-Sept. 10, 20.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19

Sunday, Sept IS.
Stmr. W. G. Hall, 5. Thompson, from
Kauai ports.
Stmr. Likelike. Napala, from Lanai.
Maui and Molokai ports.
Stmr. Claudine. Parker, from Maui
ports.
Stmr. Noeau. Peterson. from Kauai
ports.
Stmr. Kauai. Bruhn. from Maui
ports.
Schr. Kawailani from Kooau ports
Schr. Lady from Koolau ports.
Am bktn. James Tuft, Friedberg.
from Hakodsts
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19
RECEIVER SENTENCED.

Hosoi found guilty of receiving
stolen goods, was today sentenced to
six months at hard labor and to pay a
fine of $50. Prosser for Territory,
Cathcart for defendant. Cathcart
SPOKE on behalf of defendant, asking
leniency and urging that 1t was not so
certainly proven that Hosoi knew he
was receiving stolen goods. Extreme
penalty prescribed is one year at hard
labor and 500 fine.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19
PRO(R[SS0F GOVERNOR
GREAT ENTHUSIASM on
his TOUR THROUGH MAUI
LuAuS IN PLENTY AND PEOPLE
TURN OUT IN cRoWDS-HA.
WAiiAN AND LAND
POLICY.


Waikiki. Maui. Sent. 1.-THE Gov.
error and his party are following out
the route named out by the Republi.
can District Committee. and are every.
where meeting with a great deal of en-
tbusiasm and being treated to luaus.
After a good DAYS rest at Kulamanu,
MIR. Cooks beautiful mountain resi-
Secretary Atkinson. Forester Hosmer
and Manager Won Tempsky, started out
carly Monday morning breakfasted at
Mrs. Dora Won Tempskys. and climbed
the steep sides of Haleakala. Three
and a half hours laborious climbing
brought them to the famous Polopoli
Spring. There DR.. RAYMOND Joined
the party and on the descent to Ulu.
palakua, Mr.. Won Tempsky turned back
towards Makawao.
Meanwhile the Governors wife, &C
companied by Mrs. Won Tempsky, Miss
Coleman and Miss Mcgowan. Commits.
sloner Pratt and Aiken, left Erehwon
for Ulupalakua.
Tho Ir,unaIaku, preci,c, c,ub snread
themselves ouite a good daaI Tho mar
which was sumptuous affair. was
served I'm the school house and 4,
seemed that every ono turned out tn
greet the chief magistrate and His
party. Questions of loca, interest were
freely discussed and the natives great.
ly appreciated the fact that he is max.
In, , narso,,i c,n,ass =, tho s,,,o,ior
TO get into closer contact with them
They applauded time and again his ro
marks concerning subjects of vital in
terest 70 that district
Monday night was snent nv the Gov.
. ernor AT Edgar Norton's while HE wifa
and marty we're accommodated M mn.
palakua Ranch
The return through Kr,a vas n ~,
-umpbant nrocession Eirst tho whols
police force n, Nakawao met hin, ha.
yond Keol,ea scbooI borse ,bon On.
school children AT Keokea with ea.
avinp preeted hin, with ,ow soros
The crowd nj Keol,ea heard him sneaI,
and then the nrocession headed nv ths
Keokea string hand which acconna.
MED him IN the KeaIabon scboo, bors.
Ar tho latter Mace was nrenared .
,uau under the management n, nay,a
Nor,on which ournoscod onytb,po a.
the kind beretofore given The tabIs
was inst Loaded with good things N
eat There must have been between
GOO and zoo neon,e nresent when the
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19
NEW . TO-DAY
NOTICE TO CREDITORS.
ESTATE OF NC FAWN.
TELEPHONE BLUE sl43

The undersigned having been ap-
pointed Administrator of the Estate of
Ng Fawn, late OF Honolulu, deceased,
notice is hereby given to all creditors
of said Estate to present their claims,
duly authenticated, with proper
vouchers, If any exist, even though
said claims be secured by mortgages
upon real estate, to his attorney, J. p.
Ball, Rooms 4, and 6, Waity building,
Honolulu. Territory of Hawaii, within
six months from date hereof or they
shall be forever barred.
NC PING,
Administrator OF the Estate OF
Ng Fawn.
Honolulu. September 10th, 1904.
2s73-Sept. 10, 26; Oct. 8, 10.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19
SAILING TODAY.

Stmr. Likelike. Naopala, for Maui
and Molokai ports. at 5 p. m.
Stmr Noeau. Petersen, for Kapaa,
Anahola, Kilauea, Kalihiwai and Ha-
nalei, at p. m.
Am. schr. Alice Cooke, Penhallow,
for the Sound, p. m.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19

Pokinl, Hawaiian, was sentenced to
one months Imprisonment for larceny
In the second degree in the Police
Court today. Elama, also charged with
larceny. had his case continued until
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19

Judge Robinson signs foreclosure de-
cree in II. Hackfeld & Co., VS.. w. G..
Achi, Kapiolani Estate, w. r, Castle
and J. NJ. Monsarrat. South Kona
lands are involved; the amount Of the
mortgage Is recorded as S3S, i29.79.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19

did two men ever fight about your"
asked the prima donna. NO" replied
the soubrette, "but I've been mention.
ed as a correspondent twice." - Chi.
cago Record-Herald.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19

Federal Judge Dole today natural.
lied the following: II. S. Hagerup,
Norway; John Edward Smith and
Walter H. Bradley, England.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19

The girls of the Atkinson" barge
crew plan giving a dance at Odd Eel.
lows hall at 1880 p. m. of October Sth.
The event is to be informal
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19
DEPARTED.

Monday, Sept. 10.
Vt. Abbie NJ, Duvauchelle, for Pu-
koo, at 7 a. m.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19
NEW = TO-DAY

IN THE CIRCUIT COURT OF THE
FIRST JUDICIAL CIRCUIT, TER.
RiToRY OF HAWAII.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19

In the Matter Of the Estate Of Henry
congdon, Deceased.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19

NOTICE OF ADMINISTRATORS
SALE OF REAL ESTATE.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19

sFo- Sale" esrds at Bulletin once. .
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19
It Will Improve Your Game

Pneumatic Golf Ball is ball combines
lviness and clubs reliability
preaching putting Experts adopting rubber
balls distance gained the the
short
Hutchinson, English authority golf recently
published article the rubber filled ball "The truth 10 that
not lively ball fol- approaching and putting do
ball hatuns that is easily dis
placed by little roughnesses Of TIE ground"
THAT'S WHY YOU WANT THE PNEUMATIC.
While lively the livele the II pitches
slight
putting greens;
STAYS psf.
The time to play short That because
ball at
makes ball so deadly
a reflection that easier cacu
vrdeicate
recognize the advantage Of this quality little
uce puts right
are q Of
factory which selling at soc $500
Try them.
E. O. HALL & SON, Limited
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-19
ARRIVED.

First quarter OF the moon Sept. 10.
Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-12-24
Thinks Well of Dixie.

F. M. Meyers of Seattle, Wn.,
returned from Dixie Monday of
this week, where he put in sew
eral days inspecting property for
Seattle and eastern men. Mr..
Meyers expressed himself as be-
ing generally pleased with the
country as far as his limited time
permitted him to see it. He did
not look for an extravagant boom,
but thought there would be a
strong, sustained movement of
capital in this direction if it were
not discouraged by any unreas-
enable attitude of claim owners
in regard to prices asked for
property. Zone thing / was
glad to see," said Mr.. Meyers,
"and that was the absence of
knockers I was led to believe
they were plentiful; but they
must have been weeded out, as |
did not meet one." Mr.. Meyers
left on Sundays stage.
Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-12-24
American River Developments

Late reports say that important
development work is being pros
ecuted on the Orc Grande group
of quartz claims, situated on the
American river about two miles
northeast of Elk City. The high
grade of ore mined on this prop
erty by sinking a shaft about
two years ago warranted more
extensive developments, which
are now being made by running
a tunnel which is to extend about
25O feet on the vein. C. Brinton
of Lewiston is, the owner of the
property, and the work is being
done under the management of
C. E. Svenson of Elk City.
Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-12-24

two water rights to these great
fields and is now putting in a
ditch in order. to be ready when
the water comes in the spring.
This ditch will give him a head
of 200 feet. His cut for bedrock
fume is all dug and heavily tim
bered, and covered with poles so
no snow can bother him. The
ground he is to move next spring
has been cleared and made ready,
and the lumber for all his work
has been secured. None of
MS work has been done blindly.
All of his ground has been thor
oughly prospected the past two
seasons while water lasted. and
the cuts he has run and the holes
lug is a surprise. In every in
stance he has found good pay
lirt. He and associates discov-
cred and located twenty quartz
claims this year, and during the
coming summer. he expects to do
extensive work on some Of them.
He got assays from these veins
running from SIS to $285. 35, but
in no instance has he done any
underground work, or. claims
anything but surface showing.
Just below where Big creek en-
ters Crooked creek he has a mill
site located where he expects to
install an electric plant for power
to use in mining.
Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-12-24
Annual Labor and Relocation.

all of whom are in default, may
relocate in his own name, and
hold the claim adversely to his
former partners.
The Federal law makes discov-
cry and location of a mineral vein
or deposit, the basis of the title
to such property, and subsequent
ly its development, by working
and improvement, as a condition
upon which it may be held. (Er-
hardt v. Boaro, 113 u. S., 527,
532, 5 Sup. Ct. Rep, 560.)
Lindley on Mines calls attention
to another important phase of
this question, which is of partic-
ular interest at this time, on the
eve of a new year, which is that
"the forfeiture is not complete
until relocation has been made.
1t is the entry af new claimant
with intent to relocate the prop
erty, and mere lapse of time,
that determines the right of the
original claimant. The right to
resume work before relocation by
another is evidence that the orig
inal estate is not wholly lost by
failure to do the work. Uarkin
v. Sierra Buttes G. M. Co., 25
Fed, 337, 343.)
The Supreme Court of Colorado
has said: "As between the To-
Gator and the general government
the failure to do the annual as
sessment work does not result in
a forfeiture. In other words, it
is not necessary to perform the
annual labor, except to protect
the rights of the locator against
parties seeking to initiate title
to the same premises. To
otherwise express our views, it
might be said that, after a valid
location, the title thus acquired
remains so, whether the annual
assessment work is performed OF
not, until forfeited or abandoned
IDEALS v. Cone, 27 Colo, 473.) }
Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-12-24
Local Mining Notes Of Interest.
Little Butte-Creat Western

G. W. Widmeyer reports 125
feet of tunnel work tor the year
on the Great Western group of
four claims, owned by himself
and associates and situated on
Deadwood mountain. Also 65
feet Of tunnel on the Little Butte
in the same locality, which makes
for the latter group a total of 400
feet, which is pretty good work
for a crew which for nine month
in the year consists of one man,
and two men for the other three
months.
Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-12-24
OROCRANDE NJ. CO Nj. CO.
New York Company Organized to Operate ii
Elk City District

E. M. Aldrich of Spokane re-
turned to Elk City last week from
New York where he has been for
several months on mining bus
mess. While there Mr.. Aldrich
succeeded in placing a group of
sixteen claims with a New York
company, organized for the pur-
pose of operating in this district.
The company is organized under
the laws of New York and has a
capitalization of 1000, 600 shares
with par value of $1.00. The
new company starts out with a
paid up capital of $50, 900, which
they figure will be sufficient for
all preliminary development and
the installation of a 100-ton plant,
from which point it is expected
the property will be self support
ing. A crew under Pat Murphy
began work Monday of this week
erecting winter quarters, and de-
Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-12-24
The Boyer Claims.

These claims were formerly
owned by the Galena Greek M.
& M. company, represented by j.
D. Boyer, but were recently sold
at auction by Sheriff Seay for
debt. M. ]. Sweeny, brother to
Charles ]. Sweeny, president of
the Federal company, bought the
property, consisting of a number
of very promising claims and a
10-stamp mill and other machin-
cry. Mr.. Sweeney has a force of
men at work clearing out the old
tunnels, drifts and slopes, pre-
paratory to starting operations in
earnest in February,
Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-12-24
The Baboon Placers.

A large reservoir and new.
cabin have lately been completed
on the Baboon placer mine, sit
uated about two and one-half
miles northeast of Elk City, pre-
paratory to a profitable run next
season. The results of working
this mine in a small way the past
two seasons has proved the val
ues of the ground and the wis
dom of making more extensive
improvements, which will soon
be made by excavating a ditch
one and three-fourths miles in
length. This improvement. can
be made at a comparatively small
expense, and when completed
will make this a valuable mine.
Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-12-24

- Forfeiture is not complete
until some one else has appropri-
ated the property" (McCarthy
v. Speed, IL S. D., 362.)
By location the locator is given
by the Federal laws from one to
two years (according to date of
making location) within which to
perform his assessment work.
Within this time his claim is valid
and no one can deprive him of it.
If at the expiration of the time
lend of the second calendar year
after date of location) he is per-
mitted to relocate he may hold
the claim another period of two
years without work, and in this
manner, by making a relocation
biennially, he could hold the claim
indefinitely without any work
whatever, which is clerely con-
trary to the spirit of the law.
Annual work if performed as
required by the Federal statutes
Tin addition to, such further acts
as may be required by state or
territorial and local laws) secures
the locator in his title as against
all others, and if the locator has
failed to perform his assessment
work his claim is subject to re-
location, which he can only pre-
vent by resuming work before a
stranger enters upon the claim
for this purpose.
Unfortunately the Supreme
Court of. the United States has
never passed upon this question,
but there is little doubt but that
the attempt to hold claim in
defnately or for any period longer
than that allowed by the statutes
by the mere act of relocation
would be declared noncompliance
with the laws and the claim sub
ject to relocation by a stranger.
Mining and Scientific Press.
Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-12-24


velopment work will begin im-
mediately these are completed.
The property is situated on the
east fork of Crooked river, near
Orogrande, and was located by
]. R. Hutchinson, who sold it to
the above company. The consid-
GRAFTON was not given out, but it
is understood to be in the neigh
borhood of $4,000. !.
The company is composed of a
group of. leading New York finan-
ciers and men who stand high in
the councils of the Empire state,
and the president of which is
Hon. F. A. Schroeder, chairman
of the Board of Quarantine Com
missioners of the port of New
York, and who. during brief
visit here last summer made
host of friends by his genial un-
assuming manner.
E. M. Aldrich of Spokane is
resident manager.
Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-12-24
BRIGHT FUTURE FOR DIXIE
Good Work Done on Placer and Quartz in
That Well Known Camp.

Dixie, during the past summer,
has produced a good many rich
prospects. A great deal has been
done which will in the near fu-
ture give Dixie a good pay roll.
The proving of the continuation
of the old channel will. before
next fall, show up much rich
placer. 1t has already been pro-
ven beyond a doubt that the rich
placer of Dixie has not been
worked as yet. Danforth claimed
from the time of his settling in
Dixie that those gulches, Nugget.
Dixie, the Melhone Diggins and
Mr.. Hazzlett's placer, could not
be the end of the pay dirt. He
spent a great deal of time follow
ing out these old diggings and
discovered that the same forma-
tion continues on through the
heads of Sans and Straight creek
and entered the great basin just
above where Crooked Greek
makes its mighty leap for
the Salmon river. Danforth has
discovered by shafts that all the
park-like slopes which make out
from the Big Creek divide and
running in a southerly direction,
are high bars, well sprinkled
with placer gold. He located
much of these himself and is in
terested in many others. He has
Elk City mining news. (Elk City, Idaho) 1903-1913, 1904-12-24

The question of the right of a
locator of a claim to profit by
"his own negligence in failing to
perform the annual labor" Tor to
make improvements required by
the Federal law is one which has
run the gauntlet of the courts.
The question as it came before
the Supreme Court of Utah was:
"Can the locator of a quartz min
ing claim, who has allowed his
location to lapse by failure to
perform the necessary work,
make a relocation or a new locs-
tion covering the same ground"
The court decided that such right
was recognized by the Circuit
Court of the Ninth Circuit WAR
mock v. De Witt, II Utah, 324;
Supreme Court on appeals, for
failure to comply with Rule 10)
and also by the Land Department.
Further, the fact that prior To-
Gator, after'his right has lapsed,
may renew it by resuming work,
would appear to be a favor or
right granted to such prior loca-
tor, but to deny him the right to
locate is to, deny him the right
, given to strangers. The case in
the circuit court referred to is
that of Hunt v. Patchin, 35 Fed,
816, and that of the Land Depart
ment was a letter from Acting
Commissioner Holcomb to a man
s in Leadville,AColo. The case Of
Hunt v. Patchin does not seem to
apply directly to the question,
that being a case wherein several
Ico-owners were concerned, and
arose over an instance where one
of a number of partners attempt.
ed to relocate for himself alone,
while excluding his copartners.
In the instance of Land Commits.
sioner, it was nbt a litigated case
but merely thekopinion of the
Commissioner, expressed in a let
ter. that one of severaloo- -locator'