davidaulloa/AmericanStories huggingface dataset:
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-05-29
JUDGE JOINER OF SKAGlT COUN'
TY. HOLDS THAT STATUTE is
VERY DEFECTIVE
The Matter Will Have to Be Taken
Into the Supreme Court for a
Final Decree

recent decision by Judge Joiner of
the Skagit county superior court which
if upheld, would put out of business
all county fruit inspectors in the state
and by the same course of reasoning
would throw out of Office all county,
township, precinct and district ap-
pointive officers, has been called to the
attention of the attorney general by
State Horticultural Commissioner A.
Van Holderbeke, with the importantly
that the attorney general write de-
cision on the subject.
The decision is in a case where the
Skagit county fruit inspector tried to
compel the county commissioners to
allow his salary. Judge Joiner held
that the law conf1icted with article II,
section 5, of the state constitution,
vide for the election of all county,
township, precinct or district officers,
as public convenience may require
The defect in the law is in the fact
that the county fruit inspector is made
an appointive officer instead of cleo
tive. Although the decision does not
cover the ground, the same thing is
true of the game wardens, road super
visors and other minor offices, that
will foot up into hundreds in number.
The attorney general acknowledges
! that the decision opens a very far
reaching question and one that he mas
! never had occasion to examine into.
The request, however, that he pass
| upon the decision of a judge of the
superior court is so far beyond the
province of his office that he can only
| advise that the question be carried to
the supreme court for final determine
! ton.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-05-29
TRIED TO KILL MANAGER
Was Made a Target From Ambush and
Narrowly Escaped Death.

NEW YORK, May 29.-It has be-
come known that an attempt to muir
der William Rockefeller's Adirondack
estate manager was made less than
three months ago. Henry Dexter, the
millionaire, whose son, Orlando P.
Dexter, was shot to death on his An
efeller property, on September 10, 1903,
is authority for the belated news Of
the more recent attempt. He says:
Il only know that Ne was riding or
driving, when at secluded spot a shot
rang out from the woods, and the bull
let ploughed a path clean across the
top of the managers scalp, missing
killing by the narrowest of margins
'They murdered my son up there,
and they will murder more if they have
have a chance. They regard all new
corners who are wealthy as interlopers
and tyrants who have bought up the
lands. Their murderers are ignorant
natives who have fanatical views on
wealth.
Il am positive it would not be safe
for Mr.. Rockefeller to visit his estate
this summer. Soon after my sons
murder newspaper clipping was sent
to me, on the margin of which was
written the following:
"'Good job we'll done. A few more
like this would be the best thing this
country could have happen to it, Rock
efeller next, the wretch, and a dozen
more such, and this country will be rid
Of the most dangerous element
Il am not surprised that threats are
again being made, but further than
that l know nothing of the matter. 1
sold the Dexter preserce in Franklin
and st. Lawrence counties soon after
my sons DEATH"
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-05-29

so we'll in moving things that my fam
lily, household goods and all were NOV
ed into another pastorate.
What Burdens He Will Bear.
"Seventh-Now, as to being willing
to assume the burdens of the flock, l
had best be little less positive in my
answer, for I am not sure what you
mean by that. 1 do sot propose to take
care of the pocketbooks of the breth-
rem while they go fishing, or to speak
knowingly Of the bigness of the hats
worn by the good sisters at Easter
tide. I will not engage to sa1ve the
consciences of the brethren Who hur-
rah for Jesus and vote for the devil,
and l will not usher such up to the
pearly gates. I will not engage to de-
liver or write eulogies for those men,
bers who regard their religion as a
kind of spiritual insurance"
And now, since these qualities have
been disclosed by the letter, the Allan
ia congregation has frightened the
strings on it's minister and is loath to
give him up. He mas the call under
consideration, and the Peoria congre-
cation is anxiously awaiting the de-
cision.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-05-29
SUPREME COURT DISMISSED THE
APPEAL OF TACOMA MUIR.
DERER SATURDAY
All Hope of Condemned Man Escaping
Death on the Gailows 10 Now
at an End

Frank Pasquale, the murderer Of
Charles Oral. at Tacoma, last May.
faces death on the gallows at the state
penitentiary The supreme court Sat-
urday dismissed Pasquale's appeal for
a new trial.
The date Of the condemned mans
execution will probably be set within
a few days when he will be conveyed to
the penitentiary to await the time
when he will pay the penalty for his
rash act According to reports from
Tacoma, Pasquale is mental and
physical wreck, caused by his long
stay in Jail and the anxiety he has un-
derwent while waiting for the supreme
court to decide his case. When the
news was conveyed to him that the SUI
preme court had dismissed his appeal.
Pasquale broke down and sobbed pit
eously. He denounced his friends and
attorneys, declaring that they were
conspiring against him.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-05-29

so we'll in moving things that my fam
lily, household goods and all were NOV
ed into another pastOrate.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-05-29
$6.25-PortIand and Return-$6.25

The o. R. & N. will, on June 14tn,
run a special train to Portland, leav-
ing Walla Walla at 9 a. M, arriving
Portland 545 p. m. Tickets will be
good for return on any train up to and
including June 21st. For detailed in
formation call on or address,
r. BURNS,
General Agent.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-05-29

still be filled. At present we have a
very large stock of up-to-date styles.
The Roberts Monument Co., Elm st.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-05-29
r. BURNS,
General Agent.

DR.. w. J. Waite, Eye Specialist.
Spectacles and Eye Glasses fitted. All
breakages guaranteed. Straight's Jew
elry store. 119 Main Street.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-05-29
Presented in America
Trained Animal

Herd Of Elephants
Congress of Seals
Camels, Llamas.
Dromedaries Broken
to Harness.
Fierce Siberian Bears
Cake.Walking Stations
One Hundred Shetland
Pony Ballet & Driil
Teamed Peiicans & Pigs
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-05-29

But for a real good meal go to
Olson's.
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1905-06-22

rhis injection ptry politics unfortunate 1t would
politics makes
as the
and crimes Of the past
fall
They hand be
affairs the people placed on
the future will consider no pohucs until
ana coroner anu
mpoent
thus strongly order tna enc
municipal regeneration and honest government may pe Oh
would Vert the
further evil the parent source
of woes"
Thus spoke Mayor Weaver Of Philadelphia last week to the poll
tician Of that city This reform prompted to give express
ringing words because twenone politicians OF tna
city addressed letter Sheriff Miles, chairman Of the republican
city committee, urging the committee to reform the repuDcan
party.
For years corporations through the politicians have been
controlling in that historic city In Philadelphia
well many other cities Of the country there has been con-
spracy between corporations and the politicians defeat popular
government succeeded there The people had absolutely notn
ing say of the city The corporations were
running it people cried for relief but in vain Their appeals
fell upon deaf ears.
Most Of the officials in control Of the city government were
traitors people, The of Benedict Arnold has been w
ten down history traitor his country and Justly So out
Benedict Arnold guilty Of treason to his country
the day candidate public official who preends 70 DC
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1905-06-22
Senator Mn1ards view
of Testinony's Fairness

Senator Mard evidently agrees with Mr. Baldwin Of the Union
Pacific decpeaed demand in Nebraska for reduced
The has not said much but recent interview ne
asserted that secured by the senate committee in
terstate commerce. which he member had been adduced in
the fairest possible"
Only favored shippers and weknown railway campfoowers
were ovn free rides from Nebraska capital testify
regarding situation in this The small shippers who
never rates. left at home because they could
testify that there deeseaed demand IN NebroseG Tor o0er
rates.
In Senator Mard the people understand how
fairly acted and they have small hope that the COM
mtttee will formuae report that will be satisfactory to and
keeping with the policies of President Roosevelt that
should such report be made the senate will act in conformity
Herewith
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1905-06-22
Better Insurance Laws
Demanded By The People

control of James HI Hyde the Equitable Life Assur
society passed the control Of Thomas Ryan, who has
purchased majority of the stock Paul Morton secretary OF the
navy who has resigned from the cabinet July
head Of the society former president
of the United States presiding justice Of the New York appellate
court and great manufacturer of Ptsbg have been named as
trustees
Despite prestige Of these the control Of Equ
able viewed with suspicion by many The New York World
side Thomas Ryan the natural Of John Rockefeller
realm Of finance From of little horse
ne he has become the dominant power yndates which
control the surface railroads of New York City, the gas and
city metropolis the tobacco and business enterprises Of
4 less important character.
While the plan Of consolidating under management all
Phladephas public utilities has received temporary check
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1905-06-22
Party Bias Bars the Way
to Reforms in all Cities

sympathy with the righteous cause the people, while IN secret
he makes his bargain and sale with the corporations
Philadelphia had in her city councils for years band Of
traitors The people could get relief The corporations
ed candidates By appeal to parsans the people were
persuaded to elect them.
The city republican, The corporations controlled the epub
n party The democrats had chance of election because they
also partisan No candidate would risk his political destiny
higher ground than Reform unoer sucn
is absolutely impossible through the politicians. 0
What the remedy? An aroused public sentiment bigger
than any political party There any other remedy The
people themselves This they did in Philadelphia Parti
sanhp has faded before the vision true man
The people mayor just engaged death struggle
for the municipal regeneration of that city.
The struggle taking place halowed ground The dust Of
revolutionary patriots lies sleeping within the gates of the city The
spirit these heroic dead gives inspiration the people One would
think that there would be single dscordant One would
think that partisan with his selfish purpose would not nrude
expectations rudey shattered Here come twenty
one politicians with scheme this righteous public sen
partisan advantage 1t reminds of ghouls in grave
yard railroad wreck No wonder that Mayor Weaver promptly
kicked them out as intruders sacred ground
honor Mayor Weaver for the position he has taken Ihe
people love honest and whenever they
find him and they take their hats the mayor of Philadelphia
in his fight to purify that wicked city.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-12-02
DON'T EXPERIMENT.
YOU WILL MAKE NO MISTAKE IF
YOU FOLLOW THIS HONOLULU
CITIZENS ADVICE.
Never neglect your health.

Never neglect your health.
If you have pain in the back, urinary
disorders, dizziness and nervousness.
It's time to act and no time to expert
ment. These are ell symptoms of kid
ney trouble and you should use a rem
edy which is known to cure those trou-
bles safely and surely.
Doan's Backache Kidney Pills is that
remedy, and If you wish to be cured
of kidney disease without experiment.
ing. do not fail to use it. Others have
been cured and cured permanently.
Why not follow the advice of a Homo
lulu citizen and be cured yourself?
J. D. Conn, of this city, is a carpen-
ter by trade, and is employed at the
Oahu railroad. ST was troubled" says
Mr.. Conn. with an aching back. The
attacks occurred periodically Ior years.
and especially If I happened to catch
cold. There was also other symptoms
which plainly showed that my kidneys
were out of order. A short time ago,
I heard about Doan's Backache Kidney
Pills and the wonderful things they
were doing.
Proceeding, then, to Hoilister e.
Co.'S drug store. I obtained some of
these. Since taking these pills there is
a great improvement in me, I always
keep some of the pills on hand now so
as to be provided for any emergency. 1
feel sure if anyone troubled as 1 was
should give Doans Backache Kidney
Pills a fair trial they will not fail to
be benefited by them"
Doan's Backache Kidney Pills are
sold by all druggists and storekeepers
at so cents per box (six boxes $500 or
will be mailed on receipt of price by
the HOLSTER Drug Co., Honolulu,
wholesale agents for the Hawaiian
Islands.
Remember the name. Doan's, and take
no substitute.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-12-02
PEARL CITY IS
NOT So SLEEPY

Quite a number of changes and i'm
provements are being carried out at
Pearl City. The place seems to have
woke up from its lethargy and put on
quite an air of activity. All the resi-
dents of the suburbs are moving into
the city. houses and churches are being
moved in from the outskirts and it
looks like sort of mobilization of the
inhabitants. As this might create the
impression that the citv is becoming
congested I would state here that
there is no immediate danger of an
overcrowded population. There is still
room for few more, as the city proper
can coast of but five white men as it's
present population (this does not in
clude the peninsula).
Our road supervisor is supplying
long-felt want by macadamizing the
road from the depot up to the govern
ment road, and is making a frst-class
job of it. too.
McCandless Bros. have almost com
pleted another well for the o. r. & l..
Co. alongside of their old well. When
this is finished there ought to be
enough water for all purposes. 1t is to
oe hoped the present state of activity
will continue. NJ.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-12-02

utes of such Territory for the condem-
nation of property for public purposes.
'Such statutes requiring a judgment
of condemnation in such proceedings TO
be recorded in the office of the Reg
istrar of Conveyances of the Territory
in order that the property condemned
may vest in the plaintiff a refusal by
the Registrar to record such Judgment
is ground for the issuance by the court
of writ of mandamus to compel him
to do so.
"The refusal of the Registrar of
Conveyances of such Territory to re-
cord a deed executed and delivered by
certain of the defendants in such pro
ceedings in conformity with the judg-
ment of condemnation therein, is no
ground for the issuance of writ of
mandamus by such COURT
THE CASE STATED.
In the opening of the opinion the
substance of the petition is stated.
Under condemnation proceedings in
that court judgment was entered
against J. w. Hawai- and others
whereby certain real estate on the
Island OF Oahu was condemned to the
public use of the United States OF
America and the title thereto adjudged
to be in the United States. Thereafter
certain of the defendants, to further
complete the title of the United States,
executed and delivered to the United
States deed of the property, which
was properly acknowledged and offered
with the certified copy of the judgment
for record to the Registrar. The Reg
istrar had = sed to receive and to re-
cord the instruments. Therefore the
petition prayed for writ of manda-
mus commanding the defendant as Reg
istrar of Conveyances of the Territory
of Hawaii to receive for record and
record the said instruments or to show
cause to that court why the same has
not been done.
a plea to the jurisdiction was fled
by defendant, saying the petition
showed the writ to be an original one
and not necessary or ancillary to tho
court s exercise of it's jurisdiction He
prayed that the alternative writ of
be dismissed
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-12-02
DOLE UPHOLDS
THE REGISTRAR IN PART
May Be Compelled to Record the Judgment
but Not the Deed With Relation to Property
Condemned by United States.

Judge Sanford B. Dole yesterday
suit of United States VS.. Charles H.
Merriam, as Registrar of Conveyances
Of the Territory of Hawaii
1t is practically in favor of the Ter
ritory, which defended the case by E.
c. Peters, Attorney General. J. y.
Dunno, Assistant Z. S. District Attor-
ney, appeared for petitioner. Though
ground is found for the issuance of a
writ to compel respondent to register a
judgment of the Federal court, the
court declines to take jurisdiction of
his refusal to register deed following
the judgment. The reason for this dis
tinction is that the Federal court does
not issue writs of mandamus upon sub
jects unconnected with, or not ancil-
larry to, proceedings pending in the
court. Mandamus is available as an
original action in the Territorial
courts, on the other hand, to compel an
official to do some duty required of him
by law.
Omitting the captions the syllabus
of Judge Dole s decision is as follows:
Proceedings for the condemnation
of real estate in the Territory of Ha-
waii for the public purposes of the
United States, brought in the U. S. Dis
trict Court of such Territory, shall be
prosecuted in accordance with the stat
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-12-02
THE COURTS VIEWS.

Judge Dole cites the statute of emf
nent domain of this Territory, which
provides for a final order of condem-
nation, ga certified copy of which must
be filed and recorded in the office of
the Registrar of Conveyances; and
thereupon the property described shall
vest in the plaintiff.
Then he quotes Sec. TIC, Revised
Statutes of the United States, which
says: The Supreme Court and the
circuit and district courts shall have
power to issue wrfts of scire facias.
They shall also have power to issue all
writs not specifically provided for by
statute. which may be necessary for
the exercise of their respective jurisdic-
tons, and agreeable to the usages and
principles of law" He then proceeds
with his opinion. thus:
MUST REGISTER JUDGMENT.
The Territorial statute above quot
ed is, to my miIs'> conclusive upon the
question as to the g.1cessity of regis
tration of a judgment of condemna-
ton under the laws of eminent domain,
as such registration is clearly, from
the words of the statute a condition
precedent for the vesting of the title
in the party in whose favor the judg-
ment is rendered. The contention of
the defendant that this petition for
mandamus is a petition for an original
writ, and not necessary or anciIlary to
the exercise by this court of its juris-
diction by statute made and provided
is not well taken. for there is no ques-
ton that the proceedings for condem-
ration above referred to We're within
the jurisdiction of this court and as
the writ of mandamus prayed for is
desired in order to carry out the OBJ
jects OF the original proceeding and to
give complete relief. it can not be re-
garded as an original writ so far as it
relates to such judgment"
Authorities on jurisdiction in general
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-12-02
VIM. G. IRWIN & CO., LTD.
AGENTS FOR THE

England.
England.
Scottish Union & National Insurance
Co., of Edinburgh, Scotland.
Fire Association of Philadelphia.
Alliance Insurance Corporation Ltd.
Wilhelma of Magdeburg General In
surance Co.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-12-02
Fire Insurance.
THE B. F. DILLINGHAM; CO.,
LIMITED.

General Agents for Hawaii.
Atlas Assurance Company of London
Phoenix Assurance Company of Lon
don.
New York Underwriters Agency.
Providence Washington Insurance Com
pany.
Fourth Floor, Stangenwald Building.
The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1905-04-21
Tho JOY Of Work.

II is better to lose health like q
spendthrift than - waste It like q
miser. II is better to live and be
done with It than to die daily in the
sick room. BY all means, begin your
folio; even II the doctor does not give
you a year. even II ne hesltates about
a month make one brave push and
zee what can BIO accomplished in a
week. II Is not only In finished un.
dertakings that we ought to honor
useful labor. A spirit COOS out OF the
man VINO means execution which out.
lives the most untImoly ending. All
who have meant god work with their
whole hearts have done good work,
although they may die before they
have time to sign It, Every heart that
has beat strong and cheerfully has
left q hopeful impulse behind 1t in
tho world. and bettered the traditions
OF mankind robert Louis Stevenson.
The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1905-04-21
A Trade for Any Hour.

The thrlftiest man in the United
States lives in Louisville. He has
trades that fit any climate, season or
time Of day. As an example Of his
wonderful versatility, a friend tells
the following story OF an average day
IN the life Of the strenuous man:
One morning last week he started
out with a rug 10 sell on commission
for an instalment house. He sold the
rug, and then came back and took out
q clock, which ne also disposed OF.
About noon he was called by an UNI
dertakor 10 emEalm a body, which he
did. Another undertaken sent for
him to drive a hearEe 10 the GENE
terry, and after he had disposed Of
this errand satisfactorily he preached
short sermon at the grave. He
drove the hcarse back to town and
filled In an afternoon for a candy.
maker, who was taken suddenly Ill.
In the evening he worked from 6 till
8 o'clock in a barber shop, and then
from that hour until midnight set type
on a daily ncwsDaper.--Louisviue
Post.
The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1905-04-21
9~NNr-~A"-a3 E$~'N''->"''"S
Investing a Million a Day
HoW the Funds of the Great Insurance
Companies fire Lent and PRESCRIBED
BY Henry LUyshGn, Lanier.

Of Of concerns looms
\ n world; but when 1t comes 10 acua
CE~ financial committee whose sep
and varied that rev pror
which they do not have
rule no IN
unless this committee agrees upon 1t unan
To begin wit the problem s simpined by the
continually besieged by housandand
like Broadly speaking
o elsewhere
he
concerning the enter
absolute
suit the obligations ma
the
Practically railroad bonds and the
thousand millions
consolidation
which
its
millions
fertile
ands. andd 100000
holdings take
Of
ten
millions hold
ersan IN colateral-The Worlds Work.