davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-06
SPRAYING
ORDINANCE
Found Valid Exceptin :
For imprisonment
Penalty.

by unanimous opinion OF the Suprem
Court, the ordinance of the County O
Oahu to prevent the spraying of clothe
/ from the mouth in the laundering o.
clothing for another or for hire. is de
elared valid excepting that its alterna
tive penalty of imprisonment in defauI,
OF paying the fine can not be enforced.
All Choy and All Nam. Landowner
| appealed from District Magistrate
Whitney on points of law when he had
hned them each So and costs for vioIat-
ing the ordinance. County Attorney
Douthitt appeared for the Territory
ana a. G. III. Robertson for the appel
lants.
Justice Hartwell is author of the Su-
preme Court S opinion, the syllabus of
which says:
county ordinance prohibiting
iaundrymen from spraying clothes with
water projected from the mouth is not
invalid on the grounds that it is I'M
reasonable or is class legislation direct
ed against Chinese.
imprisonment can not lawfully be
imposed for nonpayment of a fine for
violation of this ordnance
In the body of the decision the court
mas the following to say on the motive
of the ordinances:
Undoubtedly the ordinance in cues.
ton stops far snort of being thorough
and Understanding attempt to re-
move causes OF infection from laundry
work and IN beginning with Chinese
laundries it may be, although we hope
not, that marrying Chinese was in the
minds OF those who urged or made it, |
but tins IS not a case in which to apply |
the saying, First cast out the beam
which Is in thine own eve, for the thing |
sought to be prevented is undoubtedly |
an unwhoiesome and insanitarv prac-
tee. The facility with which germs of |
disease are communicated by the saliva |
S common knowledge. 1t is impossible
% guard against the danger of infec-
ion from this spraying process by any,
hing less than its absolute prohibition,
renee we can not say that the ordinance
S unreasonable or because of its appli-
alton to Chinese only that it is class
eglslatlon. The 18th amendment is not
Intended to secure immunity from such
PRACTICES on the sole ground that it is
ndulged in by Chinese onlv.''
As to the penalty, the court says:
The objection that the ordinance
makes Imprisonment a necessary al
hough Indirect consequence of its vio-
alton would be conclusive against it's
alidity if such were the fact, for the
,ounty Act does not authorize this
ither expressly or by necessary impli-
alton; but, although worded in the con-
lnctive, the ordinance requires the al
either of payment of the fine
+ imprisonment in case of it's non
ayment -
In accordance with the foregoing
Jews, backed by authorities, the court
ecides thus:
''The judgment of a fine of S. and
LIS costs in the case of each defend
ut is affirmed A commitment upon
lis judgment would he invalid.o
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-06
RATHER PROFITLESS
PRIVATE BANKING

In the inventory of the estate of the
late William Kamana, deputy jailor of
Oahu Prison, accompanying the final ac-
count OF ". O. Smith, administrator. is
an item of 5000 represented by sundrv
. US Of various parties to Kamana
for period from 1899 TO 1902 inclusive.
which is put down as probably worth
less and not computed in the list of
personal property. Real estate stands
Tor 5000 and personally for 500,
making total value of 1920. The ad-
mlnlstrator' s receipts were $5651.27. of
which So4o5 was life insurance, and the
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-06

of last week the respondents counsel
were opposing the effort of the Terri
tory to have the case placed on the
appellate courts calendar
1t was when this piece was moved
on the judicial chess board that Judge
Lindsay ruled against his jurisdiction.
IN doing so he admitted his conviction
that there was no appeal and that his
former ruling to the contrary was an
error
When, little later. the matter came
up in the Supreme Court, Mr.. MfIver-
ton offered Thompsons affidavit as
evidence that the case should go upon
the calendar Mr.. Whiting opposed
the motion, but the court fixed 10
O'Clock this morning for argument on
the question of immediate hearing So
the case was duly entered on the cal
endar and an early decision of the
main question may be expected This
Is whether or not a witness in
gambling case before the grand Jury
is privileged, a Territorial statute to
the contrary Notwithstanding. to re-
fuse to answer questions on the ground
that he might incriminate himself.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-06
SAYS COURT
HAS ERRED
Petition for Rehearjn g
Contains Strong
Language.

| Frank Lucweiko by his counsel, Chas
| Creighton and Geo. D. Gear, has FLEE
in the Supreme Court a petition 70
| rehearing of his suit against Territor!
| of Hawaii and Honolulu Rapid Tran
| sit & Land Co. It maintains that the
| decision rendered in the case was based
on the courts own "surmises'' instead
| of the pleadings. After. expressing q
| belief that the court will not refuse
| a rehearing on the score of pride, -
the petition defies anyone to point out
in the record any statement that au-
thorizes a certain finding of the court.
1T is respectfully submitted the
petitioner says, that the court has
erred in holding as it has in this case
that the Transit company is a bona
fide purchaser for value without no.
tice of nonperformance of agreement
by the Territory so that the relief
prayed for can not be granted 1t is
impossible to find in this case any,
thing in the pleadings upon which to
base such decision. 1t seems to the
plaintiff herein that this honora BILE
court has Travelled outside the issue of
the case and INDUCED in surmises,
which are clearly not allowed, in or
der to arrive at it's conclusion in this
case. 1t is an elementary proposition
of pleading that a demurrer to a bill
admits as true for the purpose of the
hearing all the allegations of the bill"
The petitioner goes on to contend
that neither the bill nor the demurrer
thereto raised the point as to whether |
or not the Rapid Transit Co. was a |
bona fide purchaser for value without |
notice of nonperformance." He denies
even that the Rapid Transit Co. was
a purchaser at ALL in part saying as
follows:
The bill clearly shows that the
Rapid Transit Co. is not a purchaser,
either with or without notice, of the
and, but merely the holder of a priv
lege to run it's tracks and cars there
IN; merely the holder of a right of
way over the land, the legal title to
which, under said contract, is in the
Territory. Justice to the plaintiff will
equire this honorable court to at least
Lllow the plaintiff herein his day in
ourt on the question as to whether or
lot the defendant, the Rapid Transit
%, is bona fide purchaser without
office u
The decision of a question of fact, ,
Tithout proof or admission, is matter {
f grave Importance to the plaintiff {
erein, as well as to every litigant in c
his court, and we respectfully submit j
hat in this case a grievous error has t
cen committed by this court, which c
OF only justifies. but in our opinion |
equfres, that a rehearing should be
ranted the plaintiff in order that '
-rong should not be inflicted upon u
i'm
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-06
Here are Bargains
FOR
SATURDAY, FEB. 10
AT IL O'CLOCK NOON.

AT my salesroom, Kaahumanu street,
+ Mortgage by l.. Ahlo to V. L. Ten
ney:
so acres at Waialua, Oahu.
Mortgage by Ramie w. Aylett to
Trustees of Oahu College:
Lots F. & G.. on Beretania street,
1880 so. #
Lots and 3 on east side of Fort
street near Vineyard street, 10,140
SO #.
Mortgage by Ohai to A. n. Campbell
Land in Waikiki-kai, Oahu. adjoin-
ing the lands of A. S. CIeghorn and
Chas. Kanuha. Contains COCO So. #,
more or less.
And at Capitol Building, Honolulu,
AT Il O'CLOCK NOON.
Sheriff's sale of Waikiki property of
Geo. F. Mcleod.
This property is on the main Wal
kiki road, and has a bathing lot near
the beach.
Now, there's a varied assortment to
choose from, and if you will call at my
office during the week, III give you
and pointers where you
can make safe investments
JAS. F. MORGAN,
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-06
FOR SALE

VERY CHOICE MULCH COWS
from the dairy of Mrs. H. A Isenberg
Apply only to
0. A. STEVEN,
clio Jas. F. Morgan
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-06
VERDICT Of
NOT Gull. TY
Richardson's Trial Now
Pending-.Ge
Court News.

: Helen G.. Fonseca was found no,
guilty of keeping disorderly house
at Waikiki Judge De Bolt tried the
case yesterday. The jury was absent
out ten minutes. E. a. Douthitt, coun-
~ attorney, appeared for the prose-
cution, and a. 5. Humphreys for the
defense. The jury was composed of
| George ]. O'Nen, T. w. Chase, Jas
| Mott. Jr., Chas. Butzke w. A Aker-
man. Jas. E. Jaeger, H. P. Roth. c..
| ling. Wm< Barclay and j. Mitchell.
An attempt to empanel a, jury be-
| fore Judge Lindsay yesterday, to try
Vivian Richardson for embezzlement
of public moneys while clerk of Homo
lulu Waer Works, was unsuccessful. A
special venire for 26 jurors was Issued.
PROBATE MATTERS.
Monday, March 10, is set by Judge
Lindsay for hearing the petition of
Bernhard Rudolf Banning praying that
ancillary letters of administra ton be
issued to him for the estate of his
late mother, Clara H Banning, in this
Territory. AS executor he had the will
of decedent probated in California The
property in Hawaii is valued at $15,-
G4.S2, of which s6640 is represented by
11.62 acres of land at Kalia, Waikiki
and the remainder by notes and cash. |
Magoon & Lightfoot are attorneys for |
petitioner.
Judge De Bolt admitted the will of
the late H. A. Isenberg to probate, con-
frming the nomination therein of Mrs. !,
Isenberg, E. G. Duisenberg and r. !
Isenberg as executors.
Emma A. Feary's petition that John |
S. Marshall be appointed guardian of
her minor son Frederick for protection
of his interest in the estate of Will
liam Feary, decea sed, was granted by
Judge Lindsay.
Judge Lindsay appointed David Day
-on as guardian of the estate of the
Bergstrom minors-Carl, Kathleen and
George-under bond of $3.50.
WRITS OF POSSESSION.
Geo. K. Kekauoha, deputy sheriff of
<oolauloa, returns the writ of possess
Jon in the case of Y. OKamoto VS..
long Kat Tai as partly executed, he
laving been unable to find any prop>
.rty on which to leyv for payment of
Judgment of 500 for rent and 1913 COSTS
# court.
Chris. j. Holt. deputy sheriff of Wal
nae, returns the writ of possession
n the case of L. L. McCandless {
gainst Wahinenui. PAUL. and A. w.
sannegeiser as served, with $50 col I
acted in part payment of costs.
COURT NOTES.
Agreeably to previous intimation a
was filed yesterday in
he libel suit of J. Hastings Rowland
S. Hawaii Herald. Damages We're
lained on account of a satirical poem |
l that newspaper.
In Campbell VS.. Lucas it is stipulat-
1 that plaintiff have until February O
to file his bill of exceptions to the r
ardict for defendants.
I4iliuo41alani sues Hee Fat for 1886 on f
covenant of lease. The leased prop T
'ty is in Hanalei, Kauai. f
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-06
FUNERAL NOTICE.
HAWAIIAN LODGE NO. 2r
F. & A. M.
A

All members of Hawaiian Lodge No.
u r A. NJ, are requested to as
sembie at the Masonic Temple, Tues
day February s, at 2:3O p m. for the
purpose of attending the funeral of
thelr late brother W. F. Allen, Pm
Members of Oceanic and Pacific
Lodge and all soiourning brethren are
invited TO attend.
By order of the w. NJ.
r. x. G.. WALLACE.
'''i Secretary.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-06

The Supreme Court heard argument
on the motion to QuaSh the writ of err
ror whereby it is proposed to carry the
Motley will case to Washington.
Holmes & Stanley for proponents;
Kinney, Mechanism & Cooper and
Bailou & Marx for contestants
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-06
NOTICE.

AT meeting OF the Board of Control
or the Harrison Mutual Association
held in the Townsend Undertaking
Parlors, November II, 1905, Assessment
No. was called, payable December
and delinquent December 81, 1905.
j. II. TOWNSEND, Secretary.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-06

An extension of time to answer until
February u has been stipulated for
bunch of beef trust case respond
ents by Assistant District Attorney
Dunno. subject to the approval of
District Attorney Breckons.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-06
RATERNAL MEETINGS.

POLYNESIA ENCAMPMENT,
NO. I, I. O. 0. F.
Meets every first and third FRIDAY
of the month at 7:50 .. M, in odd
Fellows Hall, F'or- Street
visiting brothers cordially invited to
attend.
PAUL SMITH. c. P.
L. L. LA PIERRE. Scribe.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-06
GRAND JURY
AFTER GAMBLERS

The grand jury sported with All
Hoo yesterday on the che-fa business,
| keeping All On, of the police force,
dancing attendance in the lower cor
ridor of the Capitol in the meantime.
| 1t was told about the building and
found its way into one of the after
noon papers that the grand jury had
lot more fun out of the business
/ than All Hoo did, the tale running
that after the che-fa expert had sue
ceeded in not telling a great many
things he was confronted with a ma
tive witness who knew sunIe facts df-
rectly contrary to the testimony of All
Hoo.
OF course, nobody but the grand jury
and All Hoo and the native witness
know how much truth there is in an
this tale, but if it is true there are
likely to be doings. Indeed there will
be doings anyway by this grand jury
unless all signs fail. There is a per
sistence in going after information
" nich argues a purpose to find out,
and certain air of manifest discom-
fort apparent in the manner of GER
tain well-known men i'll town who
might be hurt if too much comes 10
the surface.
The grand jury had rather a short
session yesterday, owing to the fact
that the Attorney General was called
into court to take a hand in the An |
Min contempt proceedings. before |
Judge Lindsay and in the Supreme
Court. but work viii be taken up AGAIN /,
today, and it is entirely probable that |
the lightning Will begin to strike our
ing this present week. The jury. il is
believed, has met with rather marked
and surprising success even at this
early stage Of the gambling investiga-
ion, despite the reticence of An Min.
and it is the purpose to follow the
hing up with the least possible delay.
$23O6.O3, leaving a balance of
'3345.24 to the estate.
The | o L s referred to number 46
md range in amount from $3.50 TO $65,
'esldes which "'note' appears for
40 in the same worthless schedule.
1 is an exhibit OF what happens to
ative salaried official who starts a
ank of loan for the benefit of his
friends. -
Judge Lindsay granted the admins
rator discharge, upon his filing of re
elpts for distribution to the heirs.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-06

HONOLULU TEMPLE NO. I,
RATHBONE SISTERS.
Meets every End ard 4th Monday, at
knights OF Pythias Hall. King street
All visitors cordially invited to at
Baz2. )
lwALANI X. DAYTON, MEG,
GRACE O'BRIEN, a. of R.&C.
Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1906-01-17
FACTS you SHOULD KNOW
Some Vouched For by London Punch
That Are New and In
teresting.

Fishmongers never advertise sales
Of old and soiled stock.
Nearly all the inhabitants of the
Great Sahara are total abstainers.
When a guinea pig attempts to bite
its tail it is suffering from hydro.
phobia.
Picked onions were introduced into
England by the Crusaders.
The early Babylonians were unac.
quainted with the use of the tele.
phone.
1t is not generally known that by
subtracting the number of wet days
In year from 365 you can ascertain
approximately the number of fine days.
Motorists are said to enjoy more
fine days" than any other class of the
community.
Fur is best removed from the inside
OF kettle with a razor
Columbus discovered America to-.
wards the end of the fifteenth century
and was properly punished by a long
term of imprisonment.
There is no phrase in the Thibetan
language which will exactly express
the English term "nonconformist con-
science"
No trace Of any system of fire insur.
ance has been discovered amongst the
prehistoric relics of the cave men,
In Spitzbergen frozen beer is sold
by the yard and bona fide travellers al
ways provide themselves with substan-
tia1 beer walking sticks to support
themselves on the homeward journey.
Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1906-01-17
FORESIGHT IN FARM WORK.
The Best Success Is Dependent on
Planning the Work Far
Ahead.

The farmer that can properly plan
in his farm work has the best chance
of success. He can then husband not
only the time of his men, but his ma
terials. Lack of foresight is RESPONSE
bile for a very considerable waste Of
time on farms. The winter time is
a good season in which to carefully
go over the work of the coming sea-
sons, says the Farmers Review. Why
not? In every other business much
thinking and planning before hand has
to be done, The men that carry COM
mercial enterprises to successful ter
limitations have always spent weary
days and weeks in doing nothing but
planning - building thought upon
thought. Such plans do not often
come as inspir atoms; they come as
the results of hard work of the brain.
The farmer must succeed along the
same road as do other men. The learn
ing to plan is one of the best things
that our young men get at the agricul-
tural colleges. They are given hard
problems to solve and have to sit down
and think about them; sometimes >hey
have to think hard for days before ar
irving at a solution. This gives them
the initial ability to plan, and planning
is foresight.
Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1906-01-17
THE FARM LIVESTOCK.

The cow stable should be we'll
lighted.
Bran mashes fed once or twice a
week have a cooling effect upon the
system.
Do not expose the horse SO that he
is liable to take cold, but give him the
protection that you give the family. .
Make the cow stables larger and
leave the COWS united, that they may
avoid lying down in their manure. i
Sometimes it pays to remember that
the sleeps meridian of life is six
years. After that term the downhlll
side comes along at a good pace
All animals need salt in theil feed
Salt aids digestion, and by actual test
on cows, they give certain amount
of milk more each day when fed salt,
There is danger of overlooking
horses and they can easily get too
much grain. The horse will have poor
digestion soon enough without trying
to bring it on. i
Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1906-01-17

burne, at Sydney, at Clarendon, New
Castle, Brisbane-everywhere it was the
same, and the gold rolled in.
They went to New Zealand. and, trav-
cling along the coast from Palmerston
through Christchurch, Timaru, Nelson,
over to Wellington, on the North island,
they added to the menagerie.
Shipwrecked by Typhoon.
Early in December they were ready.
They loaded the tents, and the animals,
and all, aboard the Lilly and started for
Melbourne. The typhoon struck on De-
cember Is in the morning, and for over
three days the little vessel, under bare
poles, fled before it. The men, exhaust
ed and worn from working the pumps,
fell fainting. Three times they tried to
turn and ride in the face of the storm,
but could not. They were driven north
ward, always northward-lost, hopeless
and dying.
And during it all Liela helped the
men, and when they fell from exhaus-
Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1906-01-17

Kansas experiment station, where an
effort has been made to trace the depth
OF roots. Here arc at least three plants
out of some six or seven studied
where the root has penetrated to
depth greater than six feet.
It is a general opinion among those
who have studied the subject that the
deep growing root has great deal to
do with the capacity of alfalfa to re-
sist drought on account of the dis
lance that alfalfa roots are enabled
to penetrate into the ground. This
characteristic Of the alfalfa plant Is
one reason, doubtless, why it is advis-
able if not necessary for the soil to
have considerable depth and not have
a hard pan short distnce below the
surface.
In addition to the depth to which al
falfa roots may enter the soil, the IL
lustration is interesting for the fact
that it shows the growth of fbrous
roots at the surface. While these are
less than what one naturally expects
with clover, they are characteristic
with alfalfa.
Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1906-01-17

ed time, using stones in small piles, one
stone to each day, she had q fright. No
rain had fallen for weeks. and the little
pond. began to go dry. Day after day
tia watched it dwind1e away. Finally,
it: was a tiny pool Of muddy, unpalatable
water, and she retired that night in de-
spair, and during the night rain poured
and filled the pond again. The fruit
from the palm trees, a species of edible
found, oysters, species of shrimp and
fish constituted her main diet, although
at rare intervals she caught a gull, and
once she caught small green parrot.
Hope still lived. She believed that
some day she would be saved. Her only
hardship was loneliness, and she talked,
or sang to herself to keep her mind busy,
and she climbed to the top of the trees
and sat there gazing out across the sea.
She was in tree top on the afternoon
she was rescued. She was sitting gaZ-
ing southwark toward the familiar
speck, day-dreaming of her beautiful
France, and wondering whether she ever
for hours, when suddenly she gasped
and almost fell out of the tree top. She
heard voices.
A moment later, with cry that star
tied the sailors, she slid and jumped
down the tree, and rushing towards
them across the sand, laughed and cried
and laughed again, begging them to
speak to her. One of the sailors spoke
French. He told her they were from
the trading schooner Cyprus. and would
take her aboard.
Then the strange, drowned, grass
garbed beauty fell, still laughing, fell
fatnting upon the sand, and before she
recovered she and her. little store of
toOls she had made, were safe on board
thu vessel, bound for Noumea. New CAL
edonia, and, eventually. France, where
the happy family was reunited.
Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1906-01-17

had persisted when the little French
bark Lilly sank on December 10, 1908.
They had parted when the little vessel,
after a brave fight with the typhoo1,
lurched and sank. They had seen her
lifted on wave, with life-preserver
clasped about her. and they had fought
with the sailors in the boat for a chance
to save their daughter. She had caught
one glimpse of them as she was buried
under a. huge roller, and the boat was
lifted above her. and then they parted
:, Nearly four days later the boat had
reached one Of the Belep islands, of
New Caledonia, and after day or two
of rest and preparation had crossed to
the larger island and reached safety.
An Acrobatic Family.
The Ponquet family-father, mother
and daughter-were acrobats and ami
NAL trainers, and Ponquet, the father,
had for many years been the leader of a
little circus. sometimes with dozen or
more men in his employ, sometimes