davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1906-08-18
Dunn's Probable Defense
Temporary Insanity.

TEMPORARY insanity will be the plea of Lieu
tenant Dunn accused of immoral conduct
aboard the training ship Independence, at Mare
Island 1t seems this his only possible defense
The San Francisco call., 1906-08-18

Continued on Page 5, Column s.
The San Francisco call., 1906-08-18
BUILDING MUST WATT.

Yesterday the directors of the cor
poration appeared before the Park
Commissioners and asked permission
to erect barracks in the parks of the
city to house the refugees this win
ter.
The desired permission was granted
with the understanding that the har,
racks are to be removed within one
year.
Just what part the disagreement
among the directors as to the dispo-
sition of the claims for confiscatad
goods played In the cnange of policy
Is problematical, but that such dis
agreement exists is evident from re-
cent statements of the directors. The
heaviest of these claims are for goods
taken from the docks and warehouses
of the transportation companies in
the days of and following the fire.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-10-30
LANE ANSWERS
IN CARTER CASE

An amended bill has been filed by
plaintiffs in the suit of the beneficiaries
under the will of the late Margaret V.
Carter against John c. Lane, Junius
Kaae and Jessie Kaae, trustees under
the will John c. Lane has filed an
answer in which he alleges:
That the estate is heavily encumber-
ed and that he permitted the execu-
trix to take possession of the property
and collect the income for the purpose
Of Gefraying the expenses and to pay
the debts of the testatrix, and for no
other purpose.
That the eXecutriX has applied the
moneys collected by her toward the
payment of the debts and expenses of
the estate
That at time has he desired or
intended to neglect or abandon the
trust imposed on him by the terms of
the will. or to shirk any of his duties
or responsibilities as a trustee. And,
If the court should hold that the trus-
tees should take charge of the property
and income. Notwithstanding that the
estate is heavily in debt and that the
property and income are needed to nay
the debts he is ready and willing to
take charge thereof as one of the trus-
tees and to administer the trust to the
hest of his ability.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-10-30
WILMINGTON TALKS
To THE MINISTERS

David L. Wilmington made an adj
dress before the Ministerial Associa-
ton yesterday, urging it as the duty
OF the educated white people in this
cosmopolitan community to assist the
other races in attaining plane of
civilization as high as their own. They
should make it evident to the Oriental
people that justice could not here be
either bought or sold. From profess
sional experience with Chinese and
JaTanese clients he knew that they be-
lieved and had reason to believe that
immunity from prosecution was plIr-
chased from the police both for gam
bling and prostitution.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-10-30
CAMPBELL
WILL CASE
Supreme Court Gives
a Construction
Decision.

Justice Wilder writes the unanimous
| opinion of the Supreme Court which
| constructs the will of the late James
| Campbell, on appeal of all the parties
from a decision by Judge Lindsay. The
| decree appealed from is affirmed ex-
| cepting in three out of eight of the
questions answered by the decree.
Holmes & Stanley appeared for the
trustees petitioning for construction
Abigail X Campbell-Parker, Joseph o.
Carter and Cecil Brown. A G. NJ Rob-
| ertson. J. J. Dunno, r. w. Breckons,
E. c. Peters and E. NJ Watson repre-
scented the respondents severally. The
findings of the court in substance are
| as follows:
| /. The legacy to the widow of one
third of the personally was properly
paid from cash on hand and income
from all sources.
, Expenses for maintaining and re
pairing residences We're properly paid
out of the general income of the es-
tate.
allowance against the gross income.
Under the will the allowance ceased
upon the discharge of the executors.
4. An extra sum expended by the
widow for travelling expenses of two
of her children, which was approved
by the judge in probate. constitutes a
proper charge against the estate.
5. Sums expended by the executors
in connection with the realty We're
properly paid out of the gross income
where the only direction in the will is
that they are to take possession of
and manage the estate and collect the
income pending distribution.
g. The widows one-third of the net
income from realty should be paid be
fore family maintenance for minor
unmarried children is deducted.
T. A provision that income be paid
by the trustees to the widow and chill
dren does not entitle them to income
until after the discharge of the exec
utors.
8. Under a provision that net income
be divided into equal parts for the
children, to be paid to them from and
after their respective majority or mar
riage, a minor unmarried child takes
contingent interest. If such a child
should die before majority or marriage.
it's share would become surplus rev.
enue to be added to the common fund.
The second, fourth and sixth of these
findings are the revearsals of Judge
Lindsay.
The will was admitted to probate on
June &c, 1900. and on July 8, 1905, the
executors were discharged. Testator
left a widow and four daughters sur
viving. At the time this suit was
brought two of the daughters We're of
age and had married, one of them hav-
ing three children. At the testator's
death there was over 100000 cash on
hand and an annual income from all
sources Of over 500, 900.
I'm the main" Justice Wilder says,
1.-The will as q whole is clear and free
from any serious difficulty as to its
meaning. There is a marked distinc-
ton between the duties of the eXecu-
tors and of the trustees, which dis
tinction is of Importance in consider
ing the matters involved. The desire
to conserve the estate and provide at
all times sufficient funds for the main |
tenance of the widow and children is
clearly indicated all through the WILL |
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-10-30
At Auction

At my salesroom, S57 Kaahumanu St,
Honolulu, 1 will sell, at
II O'CLOCK NOON,
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-10-30
THE ALONG CASE

Judge De Bolt has confirmed a stip-
ulation that, in the, suit of Carrie B.
Riggs against Julia c. Along and 9TH
ers for an injunction, Julia C. Along
have ten days from yesterday to make
any such pleading to the complaint as
she may be advised. w. T. Rawlins
has filed like stipulatlons on behalf of
six of the respondents he represents.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-10-30
THIS DAY
Auction Sale
OF
Law BOOKS
TUESDAY, OCTOBER 30
AT 10 O'CLOCK A. NJ.

Az 10 O'CLOCK A. NJ.
At my salesroom, S57 Kaahumanu ST.
I will sell
Cyclopedia of Law and Procedure
Vols. 1-21,
Kinneys Law Dictionary,
Walkers American Law,
Andrews American Law,
McClain on Criminal Law e Vols),
Cobbey on Replevin,
Abbot's Trial Evidence,
Sackett's instructions to Juries,
Tideman-Real Property,
Cooley on Torts,
Norton on Bills and Notes.
Freeman-Co-Tenancy and Partition.
Mechem on Agency,
Hale on Damages,
Mechem on Partnership,
Beach-Equity Practice g Vols.),
Shipman Equity Pleading,
Bispham Principles of Equity,
-Steyens-Pleading,
Estee-Pleadings 6 Nols),
benjamin on Sales,
Lansing's Lawyers and Clerks AS
sistants Form Book,
Clark on Contracts.
Schouler Domestic Relations.
Nelson-Divorce and Separation e
Vols),
Bishop-New Criminal Law q Vols.),
Bishop-New Criminal Procedure e
Vols),
Bishop-Directions and Forms,
Hawaiian Reports. Vols. 1-13,
Observation-Disclosures 6 Vols).
EIliott's General Practice e VOls).
JAS. F. MORGAN,
AUCTlONEER-
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-10-30

HAWAIIAN TRIBE NO. 10. r. M
Meets every second and fourth Fri
day of each month, in I. o. 0. F. Hall.
Visiting brothers cordially invited tc
attend. w. r. Drake. Sachem.
A. E. MURPHY, C. OR.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-10-30
Castle & Cooke, Ltd.
HONOLULU.
COMMISSION MERCHAgpw
SUGAR FACTORS

- AGENTS FOR
The Eva Plantation Co. ,
The Waialua Agricultural Co.. - .
The Kohala Sugar Co.
The Waimea Mill Sugar Co.
The Fulton Iron Works, st. Iawka
The Standard OIL Co.
The George F. Blake Steam Puma
Weston's Centrifugals.
The New England Mutual Life InSxx-
ance Co, OF Boston.
The Aetna Insurance ( o., OF HavA.
ford. Conn.
The Alliance Assur ance Co. of Ian.
don.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-10-30

WEDNESDAY, OCTOBER 81
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-10-30
May S Ice Cream

Wholesome and Refreshing. The Best
in Town.
Delivered, packed in ice. at Soc a
quart. and in any quantity.
Orders Solicited
AL Emma Street and $50 Beretania
Waterbury evening Democrat., 1906-11-26

ton that the stegomyia is the only car. rier of yellow fever There Is a very strong probability that there are other carriers It is well known fact that the disease has made its appearance in many localities in which the special variety of the insect accredited with the power of infection does not exist. It is sufficient for all practical pur- poses that it has been demonstrated beyond q shadow of doubt that this death dealing insect does exist in Cu- ba, and that in that locality at least it Is the most active cause of the spread of the fever.
 That makes war of extermination the leading feature of the preventive treatment. To that end the Americans. during the early days of the first occu- patton, proceeded to make sanitation such matter of necessity and were so active in securing 1t that the eyes of the not overparticular native Cuban grew wide with wonder.
 That the disease is not contagious has been demonstrated to the satisfsc. ton at least of the military medical sx. perts. At the experiment camp maine tained on the outskirts of Havana dur. ing the last outbreak of the disesse nu. merous tests were made In every in- stance it was found that actual contact with articles worn by fever patients brought no danger whatever. The exc perimentation which established this fact seems to have been amply thor ough. Three healthy young American soldiers slept for twenty consecutive nights in a room containing . large number of articles which had been con- taminated by close contact with fatal cases of yellow fever. It was . for. bidding task. but these young men were so impressed with the necessity for the sacrifice that they volunteered with enthusiasm. Fortunately none of them contracted the disease. In spits of the thoroughness of this test it was not deemed conclusive. The watchfui experts demanded additional evidence before committing themselves to such a novel and unpopular discovery
 The experiment was repeated with the same careful attention to detail that had been given to the first test Two nonimmunes slept in a room which had been occupied by a yellow fever victim. using he same bed and bedciofhing that the dead man ha< used. for twenty nights. It was an aci of heroism that has been equaled bui rarely. The result wss precisely q before-the men did not contract the disease from the exposure. A thirs time the experiment was repeated be- fore the medical men would shoulde the responsibility of announcing thet discovery 10 n fncreduIous world ALBERT MERRIAM
Waterbury evening Democrat., 1906-11-26

tiCa1 as to the close connection between the yellow fever and the mosquito.
 But those who are better informed pin their faith to the theory. The arm. medical experts have made II an article of their professional belief. and many of their brethren in civil life have yielded a ready aCguieScence. The cOTrgbOTatiye experiments COrriuCied by Dr Juan Guiteras. in 1901. at the Las Animas hospital Havana. served to establish The theory which previously had been evolved by nr. Carlos Finlay. This apparently convincing testimony has been supplemented by a long and exhaustive series 1f eNEeriu1en'atton carried on by government medical ex- peFfs. In every instance tiIe claims of the early theorists seem fo have bgen Suizfantiated.
 The last yellow fever epidemic in Cuba occurred in -ISss Sinue then there have been seSIaI appearances of the disease in various parts of the is- land. but nothing Of an epidemic nature Al Santiago. which was the center of the infected district in iSss. the death rate amounted to 70 p-r cent. Aftsr two years ef Americar occurafiSn sam rsaen. uEfch had been the syn1nya os ancleanliueSs. was brought into the ccniftion ef the average Nevr England town anI it's sanitary ccEsiifi0n was improved so materially tfat not a casa
Waterbury evening Democrat., 1906-11-26

sage of the Hepburn bill he was In the habit of arraigning the railroads for their barefaced evasions of the law and of deploring the limited power of the interstate commerce commission. In 1892 President Harrison made him Q member of the board.
 Perhaps the most interesting among the new members of the commission is Edgar F. Clark. appointed by President Roosevelt in recognition of his position in labor circles. MT. Clark is one of the best known opponents of labor in America. Born at Lima, N. Y., in 1856, he went west in his early life and adopted railroading as a business. He was one of the founders of the Order of Railway Conductors and eventually became president of the organization. When the anthracite coal commission was formed MT. Clark was chosen member, and 1t was his notable serv- ice with that body that led to bis ap- pointment to the interstate commerce commission.
 James S. Harlan, another new mem- Der, is the son of MT. Justice Harlan of the United States supreme court. He was born at Evansville. Ind, in 1861 and is an alumnus of Princeton He was a noted college athlete in his day and was captain of the Nassau nine the year of his graduation. Beginning the study of law in the office of Chief Justice Fuller in Chicago, he went later to Columbian university. He built up a very successful practice in Chicago. and in 1901 was appointed attorney general of Porto Rico. MT. Harlan Is a personal friend of the president.
 Franklin K. Lane, seventh member of the commission, is the only one among them all who could never under any combination of circumstances become Uncle Sam's tenant in the White House. It is not that Mir. Lanes in- tellectual endowments are not suffi- cient to win for him the highest honor. but he happens to be a native of Prince Edward Island. His present residence is in San Francisco. He has been re- porter. editor and owner of 9 Tacoma (Wash.) newspaper, city attorney of San Francisco and an unsuccessful candidate for governor of California. It was the Democratic campaign of 1902 in California that brought Mir. Lane conspicuopsly to the front. He entered into the struggle with vim that made him many friends. He abandoned the stereotyped campaign issues and pleaded eloquently for the larger de- velopment of Californias great re- sources. one of his most telling points was plea for lower freight rates. He also championed free markets. the smashing of the middleman's ring and industrial peace.
 But he lost the election through technicality. About coco votes cast for him were rejected on account of some trifiing variation of the election rules, and his Republican opponent won by 5000 votes. Mir. Lane Is ad- mired greatly by President Roosevelt. and if Senator Cockrell had not lost his seat MT. Lane would have been made member of the interstate com. merce commission at that time.
 GEORGE H. PICARD.
Waterbury evening Democrat., 1906-11-26
.JAnEs S.HARLAN

The former senator from Missouri amounts to positive genius. No man in the United States senate knew the ins and outs of legislation more thor oughly, and to this knowledge he brought consciousness and honesty of performance that were the admira- ton of all his fellows. Although he lost his seat in the national legislature through the triumph of the antiboo- ding cause in his state, there was never a whisper against his fair fame. Even today-with every consideration for Governor Folk-there is no more popu- lar Democrat in the state than Fran cis M. Cockrell.
 The only New England representa- tive on the commission is Charles A. Prouty He is native of the Green Mountain State, born at Newport in 1858. He was graduated from Dart mouth in 1875 at the head of his class. In his student days he was so enamored of the study of astronomy that he made up his mind to devote his life to it and actually spent two years in the effort. Then he was obliged to exchange it for something more promising, and he chose the law. He made a great suc- cess and served as states attorney and later went to the legislature. After the resignation of Judge Veazey from the commission President Cleveland appointed Prouty to fill the vacancy, and he has served acceptably since that time. He is very active in the discharge of his duties. and the railroad forces charge him with the responsi- bility of the existence of the present rate law. Before the passage of the bill he lost no opportunity to point out the evils of the transportation system.
 Judson C. Clements represents the south on the commission. He is na- tive of Georgia and is in his sixty-flrst year. Like eX-Senator Cockrell. he was a Confederate soldier and serv- ed four years. After the war he made up his mind to study law. and with the most untiring effort he prepared him. self for college and was admitted to the bar. He served in both branches of the legislature of his state and was in con- gress ten years. Long before the pas-
Waterbury evening Democrat., 1906-11-26


 absence of several months had inspir- ed the hope that this unwelcome visi- tor had become so discouraged by the scientific attempts that have beer made to interrupt the regularity of his coming that he would not return thi. year. Recent adviees from the isian, are to the effect that he has sought hi old haunts again in spite of the snub ping he has received.
 That there was cause for apprehen sion is evident from the prompt aE' active measures that have been adopt cd by the American military authori ties to prevent the disease from making headway. The marines were at one, ordered aboard ship and a system Uf the strictest sanitary oversight was in- stituted General Elliott. at the head of the marine corps. began a vigorous campaign to protect his men from i'm lection.
 In connection with this a matter of importance has come to light-the theory that yellow jack and the mos quito are united in a diabolical league against mankind has not been aban- dsncd. on the contrary. all of the pre- yentive measures employed by the mil- ifsry authorities have been based on the truth of that pretty well estsb- lshed and generally accepted belief. one of the first moves made at Wash fnxton was to order the shipment of ten barrels of citronella-one Of the few things on earth that seem to cause the mosquito Co hesitate-tO Cuba at once. It Is the intention of the war de- psrtmeut that every marine doing guard duty shall have as much i'm niuniiy from the machinations cf this insect Borgia as bottle Of the pun gent oil win afford
 In addition to this major preCaution all the American marines in the island have been supplied with mosquito net ting suffs scient fo cover their beds. and head nettinas have also been provid- ed These latter. however. are not pepular with the men They are 90 uncomfortable tn tine stifiing afmcs- phere that mos men remove them re- gausless of tte cguss1tiences- It has been discovered iE connection with this matter Of the bad nets that the Anlefi- can soldier in Cuha is ssfii little sksp-
Waterbury evening Democrat., 1906-11-26

in such case, as the maximum to bs charged"
 This gives the commission the power to make all rates. a privilege which the common carriers have reserved for themselves until now. Besides fixing all tariff schedules, the commission is to hear all complaints bearing on rail- road and pipe line transportation. All books and papers belonging to the common carriers must be open to the members of the board on demand. Re- fusal on the part of the carrier means the payment of a fine of $500 day un- til complied with. The securing of in- functions by carriers is made much more difficult.
 Whenever the commission discovers that there is any offering, soliciting, giving or accepting of rebates, favors and sources of profit one way or an- other to the discrimination of certain classes of patrons, it has the power to proceed at once. The fine ranges from $100 to s20,000. Another duty of the commission is to see that railroads do not issue passes to persons who are not entitled legitimately to receive such favors, and the board has power to de- termine who are the proper persons to whom passes may be given. This regu- lation of the pass business by law will do away with one of the most unquali- fled evils of the day.
 The men to whom the execution of all this is intrusted are Martin A. Knapp of New York, chairman; Ex- Senator Francis M. Cockrell of Mis- souri, Judson C. Clements of Georgia, Charles A. Prouty of Vermont, Frank lin Lane of California, F. E. Clark of Iowa, and James $. Harlan of Illinois. Lane, Clark and Harlan are new ap- pointees, and the others were members of the old commission.
 The members of the commission have been selected with great care. It was essential that they should represent the country both geographically and in- tellectually. and much study was given to the subject. It was understood at the outset that those who should be-
Waterbury evening Democrat., 1906-11-26

come members of this unique feature of national legislation must be men who were beyond the reach of the cor poration influence and of character sos unassailable that no one might ques- tion.
 Martin A. Knapp, chairman of the commission, is native of New York. born at Spafford, Onondaga county, Nov. 6, 1S43. His father was farmer, and the boy followed that avocation un- til he was seventeen. when he became a pupil at Cazenovia seminary. Later he finished a classical course at Wes- leyan university. Middletown, Conn.,, from which he was graduated in 1868. In 1871 he received the masters degree. and in 1892 was given the doctorate in laws by the same institution. MT. Knapp chose the law for profession and hung out his shingle in Syracuse, N. Y.
 It was not many years before Mir. Knapp became one of the leading law yers in his section of the state. He held the position of corporation counsel of Syracuse for six years and made an
Waterbury evening Democrat., 1906-11-26

who had tricked him out of the nomi- nation were so repentant that they sent him to the, United States senate. Senator Coclirell continued to serve Missouri at Washington for thirty years, displaced only by political landslide that revolutionized his state.
 But he left his seat in the senate with a reputation for ability and in- tegrity that was acknowledged by men of all parties. President Roosevelt of- fered him the choice between place on the Panama commission and mem- bership in the interstate commerce body. The isthmian job would have yielded far greater financial returns, but the senator preferred to undertake the other. The president was gratified at his choice, for in the making up of a commission of such great supervisory powers the necessity for a man of Cockrelrs attachments was compelling.