davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
MAY AMEND
IF ADVISED
ConstructionCompany
Complaint Found
Defective.

In a unanimous opinion written by
Justice wilder, the Supreme Court sus-
tains the demurrer of the Territory of
Hawaii to the complaint of American
Hawaiian Engineering & Construction
Co., Ltd. Castle s. Wilmington for the
torney general, for respondent.
It was an action against the Terri
tory for $4,475.20, consisting of the
following items: balance under con-
tract for rebuilding Fort street VIII .rf,
1904; extras under the same, $2,040.S0;
due for old material under contract
for reconstruction of Brewer ware
house, $500; labor and material in con-
nection with contract in reference to
Brewer s wharf and shed, which con-
tract was held invalid in the case of
Lucas VS.. Construction Co., $l,53O.4O.
The syllabus presents the following as
the law of the case:
elm an action against the Territory
the petition is not demurrable for fail
ing to show that petitioner, if for
eign corporation, is entitled to sue the
Territory, when the petition does not
show that petitioner is foreign corpo-
ration.
ga petition claiming extras under a
contract for the construction of public
works, which does not show that the
,, extras were furnished upon the written
order of the Superintendent of Public
Works, as required by the terms of
the contract, is bad on demurrer.
fUnder a contract for the recon-
struction of a warehouse involving the
removal of an existing structure and
providing that all old material was to
be preserved and used in the construc
tion of the new building unless unfit
in the opinion of the Superintendent
of Public Works, a claim for the value
of old material removed and apprOpri-
ated by the Territory without alleging
that such material was fit to be used in
the new structure and that the con-
tractor was forced to secure other ma
terial for the new building in place of
that which was removed is demurrable.
FUnder a contract to remove an ex
isting structure and construct a new
wharf and shed, which contract was
held invalid, the Territory is not le-
gaIly liable on an implied contract for
the removal of the structure, such re-
moval having been completed before
the contract was declared invalid. -
With regard to the last matter the |
opinion says:
eff the Territory has received a |
benefit to the extent claimed, there be- |
ing no legal liability, the propriety of |
paying for such benefit is for the Leg
islature''
The petitioner has leave to file an
amended petition within ten days if so
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
JUSTICE HARTNELL'S
CONCURR|AG OPINION

Following is Justice Hartwell 8 con-
curing opinion in the Silveira- Ahlo
case:
''The law involved in this case is so
clear that L am not aware that the
court at any time felt any doubt about
it; but at the rehearing it appeared
that a majority of the court had con-
sidered the admissibility rather than
the legal effect of 4dendonca s written
statement that he was aware of Ahlo IS
leases and that his own was subject t.
them. | had myself inferred, and I
thought that my associates had also
inferred from the statement and from
the other facts in the case that when
the plaintiff made his lease to Men
donca, each being represented by BoIte,
they expected that Ahlo in his own in
terest would shortly surrender his
leases and agreed that meanwhile Men
donca should neither take the AhIo
rent nor pay rent himself. The case
still looks that way to me, but rather
than risk making Ahlo liable both to
Mendonca and to the plaintiff 1 concur
in the reversal of the former decision. -
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
leQSe Of Bishop ESI0te Lands

Situate North Kona, Hawaii, and being
as follows:
The makai portions of the lands or
Kahaluu, Keauhou l, and Keauhou 2,
North Kona, Hawaii, lying below the
Mauka Government Road, containing
an area of $500 acs IS more or less, of
coffee, fruit and grazing land. Also
the Fishing Rights appurtenant to the
said lands, until such time as the same
may be condemned or acquired by the
Government. Proposed lease excerpts and
reserves all kuleanas not owned by the
Lessons. 1t includes an area of about
so acres of fine land formerly leased to
the Hawaiian Tea & Coffee Co, Ltd.
Term of Lease 81 years from 1st day
Of July, 1905
Upset price for the annual rental,
$4,000 net above Taxes and a sum
equal to one-half years rental to be de-
posted upon the day of sale.
Conditions as usual in Bishop Estate
leases, and to incIrde a covenant on
the part of the Lessee to continue as
sub-tenants On the said lands. should
they so desire, all bonefide residents
now holding, occupying or cultivating
lots The Lessee shall have the right
to limit the size of such sub-leases to a
maximum area of two (2) acres, and
shall not charge a rate in excess Of
$500 per annum per acre.
For further particulars apply to the
Superintendent of the Bishop Estate,
Frank S. Dodge, No. n Merchant
street, Honolulu; Thos. c. White, Local
Agent of the Estate, KafnaIiu, Kona,
Hawaii or
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
FINED FOR KEEPING
DISORDERLY HOUSE

Mrs. Helen G. Fonseca was tried in
police court yesterday morning on two
charges OF keeping a disorderIy house.
and was convicted. Judge Whitney
fined the defendant 800 and costs on
each charge. From the testimony it
appears that Mrs. Fonseca rented a
house on Waikiki Road opposite the
McCully tract where the Rapid Tran
sit road line comes into the thorough
fare. Several Hawaiian girls gave tes-
timony to the effect that the house was
disOrderly and had been run as a sort
OF a little Iwilei.' The defendant was
represented by Judge Humphreys. An
appeal was noted.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
HALEIWA.

The Haleiwa Hotel, Hono1ulu's ia
nous country resort, on the line OF
the Oahu Railway, contains every
modern improvement and affords its
guests an opportunity to enjoy all
amusements - golf. tennis. billiards,
fresh and salt water bathing, shoot
ing, fishing, riding and driving. Tick
cts, including railway fare and one full
days room and board, are sold at the
Honolulu station ana Trent & Com
pany for $500. For departure of trains
consult time table.
On Sundays, the Haleiwa Limited, q
two-hour train, leaves at s:22 a. m. ;
returning, arrives l. Honolulu at 1910
p. m
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
|NHUMAN CONDUCT
OF A JAPANESE

Police officers yesterday arrested a
Japanese for cruelty to animals His
particular crime was plucking feathers
from a live fowl. When arrested the
japanese had his foot on the fowls
head and neck and was plucking the
feathers from its back. In answer to
a question as to why he was doing
this. he replied that he did not know
much about preparing, fowls for meals.
and having no knife he did not know
how TO kill it. He said that the fowl
would be dead in a little while, any
how The Japanese. was brought to
the police station, and the fowl was
killed. The TRUSTEES at the police sta
ton made a meal off the evidence last
evening.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
To TAKE Up
BONDING LAW
Governor Sends Word
TO the Treasurer to
Prepare lists.

Yesterday Governor Carter sent in
structions to Treasurer Campbell to
prepare a list of all heads of Depart
ments, with the bond that in his judg-
ment should be required from each.
The Treasurer was likewise instructed
to have the heads of departments pre-
pare lists of their subordinates whom
it was desired to put under bonds, with
the sum of the surety that would be
required from these. 1t is Governor
Carriers desire to have all these lists
tabulated and put on his table bright
and early Monday morning.
This is one of the first things that
I want to take up when 1 come back, "
said the Governor.
Under the provisions of the bonding
law, the Governor has but ten days in
which to fix the bonds, and of these
ten days but five will remain after
Monday. And SO it can be seen that
matters must move along somewhat
speedily, if the law is 10 become oper-
alive
I'VE will have the lists ready for
the Governor by Monday morning.
said Treasurer Campbell yesterday
Even so, there will still remain a
question as to whether the bonding
law can be enforced. Under its provi-
sions, if the head of a department does
not file his bond within thirty days aft
er it has been fixed, or after the ex-
piration of the ten days required in
which to fix it, his office is vacated.
Now, can a law be passed by the Ter
ritorial legislature vacating an Office
provided for in the Organic Act?
Another point lies in the fact that
there is no appropriation for carrying
the law into effect, although it is pro-
vided that, in case a surety company
becomes responsible for the bond of
any official, the Territory must pay
the charge of such company. And if
no provision is made to meet this
charge at the extra session, then the
surety companies will withdraw from
the bonds and the law will thus be-
come imperative.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
BONE RULERS TO PUT
IN COUNTY TICKET

The Home Rulers will meet this
morning at 10 o'clock to lay plans for
taking part in the coming county cam
paign. They intend, at the present out
look, to put in a complete ticket Chas.
Motley said yesterday that he did not
know who were the possible candidates.
and scoffed at the idea that he himself
would run for any Office, even that of
sheriff.
1T takes a thief to catch a thief and
therefore 1 don't. believe I could take
the job as sheriff" he said.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
WA|MANALO
HOMICIDE
Lugan is Let Off
With a Fine
of $500.
Damages for Hauling OF
e. w. Ashford to
Car Barn.
The viii of Late James Olds.
Moana Hotel Liquor
Seizure.

Otomatsu Navarro was put on trial
for manslaughter before Judge De Bolt
yesterday. Deputy Attorney General
E. c. Peters prosecuted and J. w.
Cathcart appeared for the defendant.
The indictment charged the defendant
with having killed Yonehara at Wal
manalo, Koolaupoko, Oahu, in Novem-
Der last.
Yonehara was stabbed in drunken
row on the 3rd and died on the 5th of
that month.
The following jurors were impanel-
ed: F. A. Potter, C. G. Bartlett, VIM.
Green, Chas. Lambert, VIM. L. Austin,
H. B. Saylor, E. Henriques, F. j. Ro-
bello, B. Guerrero, D. NJ. Ross, II. A.
Juen and f. NJ. Kiley. The trial is
still on.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
MoANA HOTEL LIQUORS.

Judge De Bolt, in pursuance of the
Supreme Court IS decision, has vacated
judgment for plaintiff for recovery of
the articles sued for, or their value of
$S9S.22, in the suit of the Hawaiian
Trust Co. against A. NJ. Brown as High
Sheriff, and rendered judgment for de-
PENDANT for his costs. The High Sher-
iff seized the stock of liquors of the
Moana Hotel Co. under an execution
for debt, and the Hawaiian Trust Co.
as trustee of the company's bondhold-
'ers brought a replevin suit against him
to recover the liquors or their value.
Judgment was given by the circuit
Judge for plaintiff, but the Supreme
Court found that the hotel stock of
liquors, kept and dealt in under a re-
tail license, was not included in the
property covered by the mortgage Sc
curing the company bonds.
Long before the decision was given
the company's property had been sold
under foreclosure.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
LUGAN SENTENCED.

After denying motion for a new
trial on various grounds presented by
g. w. ASHFORD for the defendant, Judge
De Bolt yesterday sentenced NJ. p.
Lugan to pay fine of $500 for embez-
Element Lugan was convicted of tax
ing about $500 belonging to the o.
r. & L. Co. while a clerk in the ticket
office of the Honolulu station. In a
confession by Lugan admitted in evil
dence he had acknowledged a shortage
of not more than about one thousand
dollars, when the railway officials ques-
toned him about an alleged shortage
of $4,000.
Judge De Bolt recognized the jury's
recommendation to leniency; also took
account of the statement of his coun-
sci that the defendant was without
means, and expressed his opinion that
Lugan was a young man who, not hav-
ing criminal instincts, had yielded to
temptation. Therefore he would not
sentence him to prison.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
THE OLDS ESTATE.

E. A. Mott-Smith, Larry Dee and
James Odds, Jr., have petitioned for
probate of the viii of the late James
Olds of Kaneohe, in which they are
named as executors and the two sons
and three daughters of the -testator as
devisees and legatees. The estate con-
sists of homestead in Kaneohe valued
at $4,000 and personally at $50, but
as the real estate has already been
wiped out by sale under foreclosure of
mortgage the estate Will not repay the
usual cost of administration.
Judge De Bolt orders that only ac-
tual costs be paid.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
INDICTMENT ATTACKED.

Joseph Keawa g indictment for en-
bezzling postoffice money order of the
value of about 5000 from the postof1ice
at Hookena, Hawaii, is pending before
L. s. Judge Dole on plea in abate-
ment fled by his counsel, c. w Ash
ford The ground of the plea is that
the true name of the defendant is Ke-
awe U. S. Assistant District Attor-
ney J. J. Dunno and defendants coun-
sci argued on the plea yesterday.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
AsHFoRD's DAMAGES.

Clarence w. Ashford s suit for dam
ages against the Rapid Transit Co. for
the hauling of him to its car barn in
stead of to his destination when he had
paid his fare is the subject of a re-
mittitur from the Supreme Court to the
Honolulu District Court, with instruc-
tions "to assess damages and enter
judgment in favor of plaintiff
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
KAHUKU RANCH AGAIN

Negotiations for the sale Of Kahuku
Ranch by Col. s. Norris are in the
hands Of Jas F. Morgan's real estate
department. It is said that there is a
strong probability that it will be a. sale
this time and not another false alarm.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
Auction Sale.
Tuesday, May 2, 1905
~,~r ~

AT 10 O'CLOCK A. N.
FURNITURE,
BUGGY, HARNESS,
SADDLE MARE.
COLT AND SADDLE
Large lot Chickens,
Large lot Pigeons,
Geese.
Medical Battery, Kodak.
Cabinet Sewing Machine (stylish),
Large Oil Paintings,
Iron Beds,
Stamp Collection,
% Savage Repeating Rifle.
Electric Globes and Shades,
Carpenters Tools,
Bedroom Suites, Bureaus,
Washstands, Iron Beds,
Rockers, Chairs. Tables, Curtains,
Rugs, Lamps, Center Rugs
Carpenters Tools,
Parlor Lounge, Rattan Lounge.
Cheffonier, Ladies' Dressing Table,
PIANO IN FIRST-CLASS ORDER.
Refrigerator New Jewel Stove,
Hot-Water Tank, Shot Guns,
Cartridges, Pictures.
Sewing Machines, Clocks,
Stems, Folding Cot, Sideboard,
Hat Rack,
1 Elegant French Walnut Ladies'
Writing Desk,
1 Quarter Sawed Combination Writ
ing Desk and Bookcase,
II New Kahilis,
Roller-Top Desk,
Steel Safes.
Princess Dressers,
Large Koa Bed, a beauty, Etc, Etc.
AT MY ROOMS, SAT KAAHUMANU
STREET.
JAS. F. MORGAN,
AUCTIONEER.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
CLARK FARM JERSEY BUTTER

At May & Co.'S. Supply limited. Leave
orders at once.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
PACIFIC REBEKAH LODGE
NO. I, I. 0. 0. F.

Meets every second and fourth
Thursday, at 7:30 p. m, Odd Fellows
Hall, Fort Street.
Visiting Rebekahs are cordially in
vited to attend.
HANNAH SMITH, Nc,
MARGUERITE E. MOORE, Sec'y.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
Castle Z Cooke, Ltd
HONOLULU.
COMMISSION MERCHANTa
SUGAR FACTORS.

AGENTS FOR a
The Eva Plantation Co.
The Waialua Agricultural c., K&R.
The KohaIa Sugar Co.
The Waimea Sugar Mil Co.
The Fulton Iron Works, st. I.SaSn
The Standard Oil Co.
The George f. Blake Steam PuSara
Weston's Centrifugals
The New England Mutual Life InsRapv
ance Co., of Boston.
The Aetna Insurance Co., of MaxS.
ford, Conn.
The Alliance Assurance Co., ef Lam
don.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
FRATERNAL MEETINGS.

EXCELSIOR LODGE NO. 1.
I. o. o. T.
Meets every TUESDAY evening at
$40, I'm Odd Fellows Hall, Fort street.
Visiting brothers cordially invited to
attend.
r. A. WOODWARD, N. G.
L. L. LA PIERRE, Secretary.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29
HAWAIIAN TRIBE NO. l.,
]. o. r. M.

Meets every second and fourth
THURSDAY of each month, In I. o.
o. r. Hall.
Visiting brothers cordially invited to
attend.
r. D. STROUP, Sachem,
EDWIN FARMER, G. r.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-29

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East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-07-11
CONTRACTS FOR
ASYLUM SUPPLIES
BEEF FOR INMATES
COSTS STATE $40 PER 100
Flour Bad Let to Salem FIGURING Mill
Company at $3.66-AIlen & Lewis
Get Sugar Contract at $3.50 Per 100
POands-Mutton Eaten by the In
sane VIII Cost the State Five Cents
Per Pound.

Salem, July 11.--Bids for furnish
ing supplies to the asylum were open
ed by the asylum board this morning
and a part of the contracts were
awarded as follows:
Steusloff will furnish the beef at
$40 per hundred, while Fenderich
will furnish the mutton at cents per
pound. w. S. Fitz, of Salem, was
awarded the contract for fish, and
Balfour, Guthrie & Co., of Portland,
will supply the bran and shorts. The
flour contract was let to the Salem
FIGURING Mills at 1886. The graham
flour will be furnished by the Rick
real Milling company.
D. j. Fry will furnish the drugs for
$5lS,29, his only opponent being
Riggs, with a bid of $5SS.42. Allen
q Lewis, of Portland, will furnish the
sugar at $3.50 per hundred. The next
lowest bidders were Fuller & Douglas
and Hughes, of this city whose bids
were 1854 and 1854 respectively.
Spencer and Wade will divide the
hardware contracts between them.
each taking one. The leather and
findings contract was awarded to
Mastick & Co., of Portland. Grocery
bids will be awarded later.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-07-11
CIIINANTAN HELD UP.
Hing lee, Iaundryman Victim of
Thugs Last Night.

Hing Lee, the Chinese laundryman,
was held up last night about IL
o'clock, robbed of four or five dollars
and badly beaten on the head. The
scene OF the robbery was near wood
pile close to NJ. ]. Carney's residence
and as Hing Lee was walking along
the sidewalk last night pushing hand
cart in front of him he was suddenly
attacked by two men and knocked
down.
A little girl at "A 'neighboring house
saw the deed and screamed. Several
men were thereby attracted to the
spot and the Chinaman was picked up
and found to be unconscious. How
ever, his pockets had been rifled be
fore that time and the two men got
away before they could be seen again.
After some 10 minutes parleying one
of the crowd notified Night officer
Manning OF the hold UP and diligent
search was made, but the robbers
could not be found. It is thought
that they were some of the idle men
who have been so numerous around
the city OF late.
Hing Lee was badly bruised by the
blow which felled him and today his
head is terribly swollen.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-07-11

Joseph Keeney, former clerk OF
Umatilla county and widely known
pioneer of eastern Oregon, died at
Walla Walla yesterday afternoon.
Death came as the result of old age
and chronic troubles with which the
deceased had been suffering for some
time. The funeral will be held at
Walla Walla tomorrow afternoon.
Joseph Keeney was clerk of Una
tilla county in 1873 at the same time
that the late ]. L. Sperry was in the
sheriff's office. Both men were dem
ocrats and each served two terms in
office and have died within few days
of each other.
Before coming to eastern oregon,
Mr. Keeney was the division agent for
the HALEY & Lockwood stage COM
pany at Boise, the line running from
Boise to Kelton, Utah. In II he came
here and took charge of this division
of the stage line, the HALEY & Lock-
wood line having been purchased by
the Northwestern Stage company. He
then remained with the company un-
] til rs, when he was elected county
clerk. At that time the stage line
passed into the hands of Salisbury.
At the end of his second term as
county clerk Mr.. Keeney bought the
old Commercial livery stable opposite
the Hotel Pendleton and ran that
business for a number of years. Dur
ing that time and previously he lived
in the house at the corner of Garden
and Court streets, now occupied by
| Thomas Milarkey. 1t was there that
! the first wife of Mr.. Keeney died.
Some eight or 10 years ago he left
Pendleton and for some time was in
| charge of the Elgin- Joseph stage line
and later moved to Walla Walla,
where he was again married and has
since made his home. At the time of
his death he was about 73 years of
age.
The deceased was a member of Da-
mon lodge No. 4, knights of Pythias,
of this city, having become a member
/ in the early days. At the meeting of
| the lodge held last night letter writ
| ten by Mr.. Keeney a few days before
| his death was read and also a tele-
| gram announcing his death. NJ. A.
! RAIDER, chancellor commander elect
of the lodge, was delegated to go to
Walla Walla to represent the lodge at
the funeral and render assistance to
the family should any be needed.
Aside from the widow and one child
! at Walla Walla, the other surviving
relatives are Mrs. Ben Morgan,
daughter of this city; Mrs. Farrow,
another daughter, who is in the east;
Joe Keeney a son, living at Elgin and
Ed Keeney, another son.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-07-11
Ovation for Lawson.

Lincoln, Neb., July 11.-Thomas
Lawson was given an ovation at Fair
bury this morning. He shook hands
with several hundred people in the
court house square. This afternoon
he speaks at Chautauqua. The at
tendance was disappointed as the rail-
roads refused to grant rates and 1t is
openly charged they have decided to
kill off Lawson. Governor Mickey
failed to appear to welcome Lawson.
He was called to Omaha on business,
so he says
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-07-11
POLISH PEASANTS HAVE SEIZED
THE CzAR'S PLEASURE PARKS
Starving Cattle and Sheep Are Turned Into the Magnificent
Private Domains Near Moscow
Police Asanated Mosco"MaiaI Is Declared in
Officers of
the
tic to the Sea Warshi

Warsaw, July 11.-More than 1000
Polish peasants have seized the mag
nificent hunting grounds of the car
near Spala, Russian Poland and are
using them for grazing grounds for
cattle and sheep.
The peasants are encamped on the
grounds, and say they are determin-
ed to remain. over 1000 head of cat
tie are being cared for.
Local authorities attempted to ex-
pei the intruders but were repulsed
The st. Petersburg authorities have
been asked for Instructions, and were
notified that II force is used a gen.
eral peasant uprising is likely to fol-
low with large loss Of life.
The peasants claim their cattle were
dying as the pastures yielded no grass