davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-02-24
COMMERCIAL I.
PAPER CASE

In ora, opinions by each OF the JUS
tees, the Supreme Court yesterday
sustained an appeal from Judge Rob-
inson in the case OF Frank Il. Thomp-
son VS.. Whitney 4 Marsh. 1t was a
suit on two notes for $500 and $1,000
respectively. given by Honolulu g.
Hawaiian Paper Co. to Fitzgerald
Trunk Co. OF Chicago. Judge Robinson
sustained a demurrer. holding that
commercial paper could not be en-
dorsed over to third party. The SUI
preme Court holds that II depends on
circumstances-there may be right and
wrong aforementioned the court
below should have tried out the ques-
ton. C. +. Clemens appeared for
plaintiff. and Thayer & Hemenway for
defendant.
NO COURT oBTAINABLE.
When the suit of Oahu Railway &
Land Company versus Waialua Agri-
cultural Company was called in
the Supreme Court yesterday
afternoon, Chief Justice Frear stated
that he was disqualified. Both sides
offered to waive his disqualification,
but the Chief Justice said he would
not waive it. Judge De Bolt. sitting
in the preceding case, stayed in and
Justice Wilder was sent for. He
thought himself disqualified also, as
for one of the parties. AS Justice
Wilder had not personally had any
thing to do with the case the attor-
neys wished him to sit, but after some
discussion he declined. Judge Robin
son could not be called in, as he had
heard the case. Nobody could say
when one of the country judges might
be in town, and so the case went over
for the term.
DAMAGE SUIT APPEAL
The Rapid Transit Co.'s appeal from
verdict of $4,000 damages to NJ p. Fer
relra for the loss of son killed on
the defendants street railway track
was argued and submitted. Stanley
and Watson appeared for the plaintiff,
and wilmington for the defendant.
THE MURDER TRIAL.
Witnesses called by the defense In
the Jones murder trial yesterday were
IL piylpV ~
thony Gilman, w. f. O'Halaron,
]. Kaai Kahoiwai.
SHAW VS.. CANARIo.
Frank +. Thompson, receiver In the
partnership dissolution suit of Shaw
VS.. Canario, asks the court for in
structions. Stating the refusal of
Treasurer Campbell to renew the firms
wholesale license, he wants to know
IL the court will order the issuance of
a receivership license. He seeks the
courts approval of his discharge of
other employees and retention of Hen
ny Davis the bookkeeper's services and
inquiries whether he may sell horse
at public auction or private sale.
THE CARTER MINORS.
NJ II. Smonton, master, has report
ed as correct the accounts of George
r.. Carter, guardian of Henry A. p. and
Grace Carter, minors The accounts
are for the year ending Dec. 81, 1904.
and show receipts of sos 1856 on ac-
count of principal and s9iS55O income
Disbursements We're si4S4.94,
BAREFooTED BILL.
The defense of William Hoopi, alias
"Barefooted Bill" charged with bur-
glary. was in progress yesterday fore
noon before Judge De Bolt, who had
to continue the trial at recess owing
to his being called as substitute on
the Supreme Court bench.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-02-24
BAREFooTED BILL.

The defense of William Hoopii, alias
"Barefooted Bill" charged with bur-
glary. was in progress yesterday fore
noon before Judge De Bolt, who had
to continue the trial at recess owing
to his being called as substitute on
the Supreme Court bench.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-02-24

A resolution introduced by Rep. Lewis
may cause heart-burnings. 1t requests
that the Superintendent of Public
Instruction be requested to furnish the
following details:
The nationality of all teachers.
Their respective ages.
OF males, whether citizens or voters.
The names of widows If any.
The names of husband and wife
teaching jointly, if any.
The total amount as per monthly
pay roll expended in each election dis
trict.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-02-24

To appropriate $4,000 for survey of
a road from Kohala to North Kona.
(Rep. Holstein).
That Treasurer A. j. Campbell be
requested to furnish a return or the
surplus cash now in the treasury.
Rep. Fernandez).
That the Board of Health be di-
rected to detain thereat all persons
now at the receiving station for lepers
until the legislature adjourns. Rep.
Kaleiopu).
Gilpin observer., 1905-01-19
Warships May Be Repaired.

Toxic, Jan. ia naval ofiicer who
has returned here from Port Arthur.
discussing the condition OF the fort
ress, says:
The conditions of the warships and
the town was much better than had
boped for. Evidently there was much
fortifying at Port Arthur after the
siege commenced. The works on 20S-
Meter hill were not permanent and the
trenches there were similar to those
used by the Beers during the South
African war. It seems that the Rus
slams had no general electrical scheme
or movable engines or dynamos for
searchlights.
Russian naval officers say that 1t
is impossible yet to ascertain whether
the japanese fire or the opening OF
sea-cocks sank the ships in the har-
Dor. The hospitals are fairly well
kept and are still used for wounded
and for prisoners.
Gilpin observer., 1905-01-19
Cliff, Fall Into the Sea.

London, Jan. 15.-England has not
quite the same coast line as 1t had
week ago, for several landslides have
occurred between Dover and st. Mar
garet's bay.
The largest Of these. indeed the
largest, 1t is said, which has occurred
on the southwest coast for more than
half century. took place at st. Mar
garet's Bay Monday, when an enor-
nous slice OF the cliff. estimated by
the coast guard at about 250.O00 tons.
fell into the sea.
Every day this week there have been
further falls OF several thousand tons,
at a time. and numerous ominous
cracks are appearing on the top OF the
cliffs. widening almost every hour.
They involve a mass OF chalk esti-
mated at more than 100000 tons. The
south Foreland lighthouse stands just
eighty yards from the edge OF the clin
where one fall took place, and great
anxiety is felt over its safety.
Gilpin observer., 1905-01-19
Popejoy Gains . Point.

Colorado Springs, Colo. Jan. H.
Leslie w. Popejoy, local contractor,
who has brought suit to recover one
half the value Of the entire Stratron
estate, gained a point in the District
Court this afternoon, when Judge l..
w. Cunningham overruled every OBJ
lection raised by the estates attor-
neys, including a motion to dismiss the
case, and ordered the estate to file ar
answer within five days.
Popetoy sues for one-haH the es
tate, which he claims to be worth
10000 900, upon an alleged verbal
contract entered into years aSo be-
tween himself and the late w. s. STRAIT
ton. The case was compromised sew
eral years before Stratton's death, a
considerable sum of money being paid
Popejoy at the time.
In his amended complaint, OH file in
the District Court, Popejoy claims
that the hate w. s. Stratton entered
into tollusion with his (Popejoy's, at.
torney, ]. Maurice Finn, in order to
force a compromise upon misrepresen'
tations; that his witnesses were bribed
and that the compromise was made
without a true understanding OF the
case by himself.
Popejoy's claim. when first filed with
the executors, was not allowed by
them, this action being confirmed by
the County Court. 1t Is now in the
District Court upon appeal.
Gilpin observer., 1905-01-19
Panama Dignity.

Panama. Jan. misrepresentation
of all political parties here have asked
American Minister Barrett to with
draw the suggestion he made to the
Washington government that the func-
tions of governor OF the canal zone
and minister to Panama be combined
in the person Of the governor OF the
canal zone. 1t is argued by the me-
moralists that the dignity OF Panama
rs an independent nation requires a
separate legation. The American min.
ister has replied that the suggestion
was made In the interests Of both Pan,
ANA and the United States and that
he cannot withdraw 1t. He said that
he will report the request to his gov.
ernment, without prejudice to the at
titudo Of Panama
Gilpin observer., 1905-01-19
China's Reply.

Washington. Jan 1S.-The note of
Secretary Hay relative to the Russian
charge of violation by China Of the
laws of neutrality, which is to be pre-
sented to the Pekin authorities by Mr..
Coolidge. the secretary OF the Amert
can legation ut Pekin. will. 1t Is ex-
pected. be rather welcomed by the Chi
nese government as afording IL .
proper opportunity to make formal re-
ply to the Russian charges.
1t is certain that there is nothing ir
Secretary Hays note in any degree
menacing or. calculated In any way to
touch the pride of the Chinese. II Is
further believed that the Chinese gov
ernment. in anticipation OF such action
by the secretary of state, has practically
prepared its defense. This will amount
to a sweeping denial Of the accuracy
of the Russian charges upon many
points and declaration that where
the Russian statements are founded on
facts they do not constitute violations
of the law Of neutrality as accepted by
the powers.
Gilpin observer., 1905-01-19
Jailed for Election Frauds.

Denver, Jan. 17.-Yesterday there
we're added three more to the list Of
persons serving terms In the city and
county Jail for the violation Of the
election laws on November Sth last.
and by SO doing bringing themselves
into contempt of the Supreme Court.
Two others were given light fines and
one other was dismissed without fine
or sentence.
Following are the cases acted on: /:
Ward 8, Precinct 1: Guy w. Wheeler.
election judge, six months; c. B.
Rueve, election Judge, three months;
George w. Hubbard. election consta-
BILE. one month.
Ward 4, Precinct s: James Rowan,
election judge, S25 fine; Charles b.
Mumford, election Judge, $25 fine;
Eugene E. Cummings, Democratic
committeeman and police officer, dis
charged.
Gilpin observer., 1905-01-19
HELPED BY CARNEGIE.
Steel King to Repay Losses Of Stud
dents by Oberiin Bank Failure.

Oberlin, Ohio, Jan. 1S.-GratifyinG
news was received by the students OF
Oberlin College to-day when President
King announced at chapel that all J
moneys which had been lost by stu
dents through the failure Of the Citi--
zens' National Bank. which closed its
doors at the time of the alleged Chad
wick forgeries, would be paid on pre-
sentation of their pass books.
President King announced further
that Andrew Carnegie was the man re-
sponsible for this.
Mr.. Carnegie, President King stated,
while innocently figuring in the bank
failure. and in nowise responsible. did
not wish to see deserving students and.
others suffer.
Besides reimbursing the depositors;-
Mr.. Carnegie reimburses the Y. M. c.
A. to the extent of some $4,000 which
had been laid aside for new build
Ing and which was lost in the same
failure.
Gilpin observer., 1905-01-19
Contest by Joint Committee.

Denver. Jan. 1.-THE Republican
this morning says: At a joint caucus
of Republican House and Senate mem
bers last evening 1t was decided to
hear the contest Of Peabody against
Adams for the gubernatorial seat
through a committee from the two
branches Of the Legislature, this com.
mittee's proceedings to be in the pos
session Of the members every morning
through printed reports. Attorneys and
political representatives for Alva Ad-
ans. the contestee. announced on hear.
Ing the decision Of the caucus. that he
would not accept this.
Gilpin observer., 1905-01-19
viii Rush ounnison Canal.

A. l.. Fellows. in charge of the Gun
nison irrigation project in Colorado.
states that he expects work to COM
mence on construction Of cuts and the
tunnel without further delay. The sec.
retary of the interior has approved the
bonds of the contractors and accepted
their contracts. Several large air
compressors and other heavy machin-
cry will be purchased in Denver for
the tunnel work. The contractors have
plans ready to commence on excavat-
ing the cut leading to the tunnel and
will begin this work Immediately. The
open cut will be half a mile long. The
tunnel will be 10000 feet in length
and carry 1900 cubic feet Of water
per second. After emerging from the
tunnel the water will be conveyed by
100 miles of canals and laterals and
distributed upon 125.00O acres Of land.
Mr.. Fellows will take up the proposed
project for irrigating 10000 acres of
land by diverting the waters OF the
Grand river to the high line ditch.
north of Grand Junction. Preliminary
surveys have been made and the pro-
ject found feasible. II water users
association can be formed. SO that all
Of the water diverted will be used.
the reclamation service will proceed
with the project. the estimated cost
OF which is $1.500.000.
Gilpin observer., 1905-01-19
THE PHILIPPINES
REPORT OF THE COMMISSION
People Generally Paeified Except
Moros Who Adhere to PoIygamy
and Slavery,

Washington, Jan. 16-The annual
report of the Philippine Commission to
the secretary of war says that as soon
as the people came to understand that
the government had both the ability
and will to protect them, they began
to cooperate cordially with the con-
stabulary and other peace officers by
giving information against the lawless.
SO that it became possible to kill or
capture them.
AS result. the report says. not
single organized band of ladrones is
now to be found in the island Of Lu-
zon: nearly all the leaders save five or
six have been killed or captured, and
the same may be said of the Visayan
islands with the exception OF Samar.
The commission adds that there Is no
reason to suppose that orderly condi-
tions will be otherwise than perma-
nent.
The relations between Americans
and Filipinos are said to be generally
cordial, with steady growth Of con-
fidence and good feeling between
them.
"All those who are justly entitled to
be called leaders of public opinion
have definitely cast their lot with the
Americans"
Regarding the Moros, the report
says the great area of the Moro prov
ince, which includes practically all of
the islands of Mindanao and the Sulu
archipelago, except for $4,000 Fflipinos
spoken of as descendants of convicts
sent from the north by Spaniards, is
inhabited by Moros protesting Mo
hammedanism and by other non-Chris-
tian tribes. The authority of the Sui
tan OF Sulu was found, upon investiga-
tion, to be repudiated by dattos in the
Sulu archipelago who possessed as
much authority as he, although he was
the titular head of the Moros. The re-
port says:
From time immemorial the Moros
have practiced polygamy and have
been accustomed to make raids upon
other non-Christian tribes to replenish
their stock of slaves, as well as to en-
gage in piracy, while the Arabs taught
them the use of firearms. The non
Christians were only too willing to rec
ognize American authority and receive
the benefits of protection. In num-
ber of instances they have been in
duced to establish themselves in vii
lagos and to till the adjacent soil.
They are said not to be lacking in in
telligence."
I'm speaking Of the abrogation OF
the treaty with the Sultan OF Sulu the
report says: while it had never been
recognized as valid and binding. and
as to the provision relating to slavery
had been repudiated by the President.
still it had been lived up to by the
Americans in every particular, includ-
ing the payment OF annual subsidies
to the Sultan and his principal dat
tos, but it had been systematically and
persistently violated by them"
The report says that g. pacific pol
fey toward the Moros seemed to give
them the impressions that the Ameri-
cans were afraid of them, but a short,
decisive campaign gave them to under
stand that the Americans not only had
the purpose but the power to support
authority and to enforce order. There
is no reason" it is added. Ito expect
any further trouble with the Sulu
Moros."
Gilpin observer., 1905-01-19
Proposed Ship Subsidies.

Subventions Of IS per gross ton an.
nually: subsidies for the carrying Of
mails from Atlantic coast and Gulf Of
Mexico ports to South and Central
America and Cuba, and from Pacific
coast ports to Japan, China, the Phil
ippines. Mexico, Central America and
the Isthmus of Panama; tonnage tax
on foreign vessels entering United
States ports; the creation of a naval
volunteer service, and the encourage
ment Of apprentices on ships in for
eigns trade are provided for in a bill
agreed upon by the joint merchant
and marine commission, which sub
mitted its report to Congress last
week.
The commission, composed OF fve
senators and five representatives, was
created during the last session of Con-
gress In response to recommends
tion by President Roosevelt in his an
nual message December Z. 1903. An
exhaustive investigation was made by
the commission of the conditions Of
the American merchant marine and
American commerce, with view to
ascertaining the most feasible means
for their development Hearings were
conducted during the year at nearly all
the important shipping and CONNER
cial centers Of the United States.
The report deals at length with the
handicap upon American shipping Gre
ated by the subsidies and bounties be-
slowed upon most of the merchant
feets Of foreign governments, which
Is placed in the van of the lower first
cost Of foreign ships and the lower
cost of maintenance Of these ships,
due. in both cases, primarily. to lower
wages.
A table is given showing that nearly
all OF the foreign powers grant ship
ping subsidies. France pays more
than $4,000, 900, and eight other for
eign governments more than 81 .000, 900
each for the encouragement of their
merchant marine.
AS the first essential step in the re-
habilitation OF merchant shipping the
commission proposes to create force
OF naval volunteers, composed of the
best officers and men of American
merchant ships and deep-sea fishing
| vessels. Necessarily small at first,
means for a healthy and sure expan-
sion of the force is provided by the
payment of substantial retaipers as an
| inducement to enroll. 1t is uhderstoo
| that officers and men shall receive
| their seamen's pay, besides this re.
tainer. during their period of actual
| instruction. The Navy Department
has asked for reserve OF 10000 men
| in the bills 1t has presented to Con.
| gress.
The report quotes the commissioner
| of navigation to show that not more
than 10000 American citizens are In.
cluded in the enrolment of employees
on all the American vessels on salt
water. which go out Of sight Of land
for any time during the year. Com
menting on this lack of material for a
naval volunteer force the commission
says:
"Out Of these 10000 officers and men
/ probably not more than one-half would
be eligible for naval volunteer ser.
vice. 1t is therefore manifest
that shipowners must not only be en-
couraged to employ these naval vol
unteers, but encouraged to build more
ships to develop an increased naval
service, as well as to advance the in.
terests Of commerce"
Gilpin observer., 1905-01-19
RAIDERS
BURN JAPANESE WAR STORES
cossaeks Make Hundred-MiIe Dash
From Near Mu<den and Har.
ass Enemy's Rear.


st. Petersburg, Jan. 17.-Cossacks
have dashed from the war front near
Mukden, down the west bank OF the
Lao river nearly 100 miles to New
Chwang, the great seaport OF Manchu-
ria. The Japanese garrison was
driven out and the immense war
stores at Yin Kow, a suburb, were
burned. After cutting the Japanese
railway, the line of communication to
the front, the daring raiders withdrew
before a superior force and dashed
army circles this Is looked upon as
one Of the most daring raids in war
history.
A telegram from Siakhotan states
that. General Mistchenko's raiding
force, learning that five Japanese bat
talions had appeared near Tashikiow,
returned northward and succeeded in
regaining the Russian lines. Their
losses were about 300 killed or
wounded, all the latter being brought
away.
General Kuropatkin, in dispatch to
Emperor Nicholas reporting the Rus
sian cavalry raids on January 10th and
18th says:
"The Japanese suffered heavily. The
Russian losses during these two days
we're three officers killed and ten
wounded and fifteen soldiers killed and
forty-nine wounded"
The general adds that the cavalry
captured quantity Of stores anC pris-
oners and says that the Japanese
stores at Yin Kow were ablaze for
nearly the whole night Of January
18th.
The text Of General Kuropatkin's
dispatch follows:
During the evening of January 10th
one and a half companies Of Japanese
infantry and half squadron Of jap
anese dragons were defeated with
great loss.
"On January 18th, Japanese COM
pany and two squadrons, which were
occupying New Chwang. were driven
out by our Cossacks. who occupied the
place, and afterward pursued the COM
pany, defeating it and infiictfng heavy
loss. The same night our patrols dam
aged the railway line. telegraph
line. a train and two locomo-
tives. During these two days
our cavalry defeated several
small detachments and captured one
o6icer, fourteen soldiers and 500 carts
with stores. Our casualties were three
officers killed and ten wounded, and
fifteen soldiers killed and forty-nine
wounded.
"On January 18th our patrol dam
aged the railway six miles from Yin
Kow. On January 18th. at 8 p. M.
Russian detachment reached Yin Kow
Our artillery cannonaded the station
set fire to the stores and later stor,ne ed
the station. The japanese opened fire
with rifles and machine guns and oul
men sought shelter in bitches ant
again attacked until they reached thu
railroad line, when a strong column o
Japanese infantry appeared, advanc
| ing from Tashikiow. Our forces, beint
inferior. retired. carrying away nearl.
all the killed and wounded. Th'
stores at Yin Kow were ablaze thu
whole night"
Gilpin observer., 1905-01-19
Buried by an Earthquake.

London. Jan. 1S.-A dispatch from
st. Petersburg to a news agency re-
ports than an earthquake at Shemakhn
(seventy-six miles northwest Of Bakup
buried hundreds OF people In the loweB
part of the town. which was denseIy
populated, despite the decision. after
the earthquake of three years ago. that
no more houses should be bYilt there
Gilpin observer., 1905-01-19
Representatives.


w. H. Griffith (Rep.). Teller, chair
man.
John B. Stephen (Rep.), El Paso.
]. Frank Church (Rep), Jefferson.
John A. Mcintyre (Rep0. Denver.
Theodore H. Thomas tRep), Denver.
John l.. Fetzer (Rep), Denver.
Alfred Stewart (Rep.). Chaffee.
M. F. Vance (Rep), Morgan.
John B. Thompson (Rep.). Larimer.
C. Z. DUNCAN (Rep), Montrose
A. H. Healy (Rep.). Mineral.
o. E. Adamson (Rep.). Denver.
George II. HUT (Dem.), Dolores.
A. d. Mackenzie (Dem.). Custer.
L. z. Drach Dem.), Garfield.
A. H. Davis (Dem). Fremont.
II M. Heistand (Dem.), Delta.
John A. Lehritter (Dem.), Gunnison.
Senator's.
Edward De La Vergne (Rep), El
Paso.
Morton Alexander (Rep), Jefferson.
Cashmere Barela (Rep.), Las Ami
mas.
M. e. Lewis (Rep.). Fremont.
James B. Dick (Rep), Huerfano.
William NJ. Robertson (Rep.), Den-
yer.
B. l.. Jefferson (Dem.). Routt.
William A. Hill tDem.), Morgan.
John J. Harris (Dem.). Dolores.
This morning at $3.50 o'clock. ut
room 33 of the State Capitol building.
the legislative committee OF twenty.
seven as above named. appointed by
the president of the Joint Legislative
assembly for that purpose. began the
hearing of the contest of James H..
Peabody VS.. Alva Adams for the Office
of governor.