The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-06-07

I
been founded and sustained, is yet not
| so distinctive as to present a barrier
10 the introduction there of other del
| eterious doctrine not specified in said
| confession. 1t will admit. also. of
! teachings of this Mission and of the
| churches sustaining it, such as we feel
! to be entirely subyersive of evangelical
| christianity. Not doubling but that
| these. reasons will commend themselves
to the members of His Majesty's Gov
| eminent we beg leave to express in
| presenting them the high consideration
with which we remain
The correspondence concerned the
| transfer of a school established in 1885
| the design of which was to perpetuate
the Christian religion, and with an OBJ
iect to be still more definite and of
equal or greater Importance. that is,
ito educate young men TO be Christian
u. fnisters." A religious instruction was
prescribed All this the government
was informed of when the proposition
was made to transfer the school to its
fostering care and patronage And
the government accepted the grant, &C
cepted as it was rendered, and neces-
u,
Even if we stopped here, conviction
of the business of that conclusion is
almost indisputable. 1t becomes indis-
putable if extrinsic evidence be con-
sidered and we have no doubt that it
may be. In Bradley V. W. A. & G.
Packet Co, Is Pet. SO, a contract ex-
pressed in a correspondence between
the parties for the hire of a steamboat,
an exception was engrafted which was
not expressed, upon evidence that the
owner of the boat knew the service for
which it was intended, and that when
navigation was INSTRUCTED by ice an
other mode of transportation was re-
sorted to. The court said. as to ex
trinsic evidence, it was applied in some
cases ito ascertain the identity of the
subject; in others it's extent. In some,
to ascertain the meaning of term,
where it had acquired by use a broad
meaning; in others, to ascertain in
what sense it was used, where it adj
mitted of several meanings. But in all
the purpose was the same. To ascer-
tain by this medium of proof the in
tention of the parties, where without
the aid of such evidence that could
probation to the contract" And it was
expressed "as the just result of the
cases, that in giving effect to a writ
ten contract, by applying it to its
proper subject matter extrinsic evil
dence may be admitted to prove the
circumstances under which it was
made; whenever without the aid of |
such evidence, such application could |
not be made in the particular case" In |
Brooklyn Life Insurance Co. v. Dutch |
err, 95 y. S. 269, it was said: There is
no surer way to find out what parties |
meant than to see what they have |
done" So obvious and potent a prin
ciple hardly needs the repetition it has |
received. And equally obvious and po
tent is resort to the circumstances |
and conditions which precede a con-
tract. Necessarily in such eircum
stances and conditions will be found |
the inducement to the contract and a
test of its purpose. The conventions
of parties may change such c1rcum-
stances and conditions, or continue
them, but it can not be separated from
them. And this makes the value of
contemporaneous construction. It is
judgment is alone invoked
and exercised. 1t is of greater value
to explain a contract where self-inter-
est is quick to discern the extent of
rights or obligations and never yield
more than the written or spoken word
requires. See, for further illustration,
the following: Reid v. Merchants
Mutual Insurance Co., 95 u. S. %; Dis
trict of Columbia v. Gallagher, 124 u.
S. sos; Topliff v. Topliff 122 U. S. 121:
Paige v. Banks, Is Wall COS; PhiIa-
delphia r. r. Co. v. Trimble, 10 Wall.
367; Chicago v. Sheldon, Wall. so.
Carazoo v. Travano, Wall 1888; Simp-
son V. United States, 1913 u. S. 397, 399;
Chicago Great Western Railway co.
V. Northern Pacific Railway Co., 101
Fed. 1872. And many State cases could
be cited.
The design of studies for the school
we have detailed. The government
and continued both without
question or change in any way. The
seminary buildings were burned down
in 1862. The government rebuilt them
and continued the school. The petition
alleges that the principal of the school
IN 1923 in his report said: THE Ha-
waiian government has always been a
liberal friend and benefactor
Never in any way have they interfered
with our manner of instruction or in
the course of instruction pursued. In
our work we have had all the freedom
which we possibly could have had
under the A. B. c. r. M" Also, refer
ring to pupils who. under the religious
of the school, became min
listers, he says: while six who were
connected with it since it has been
under the care of the Hawaiian govern
ment have been ordained to the same
office"
In 1854 new interests appeared and
a change in the purpose of the school
commenced to be urged. It was met
by an adverse opinion of the Attorney
General, who pointed out the condi-
tons of the transfer and the condf-
ton of their non-fuIfilIment to be the
restoration of the property to the A. |
B. c. F. M. And, again. in 1866 the
board of education, while denying the
right of the Mission to nominate in
structors, conceded the obligation to