davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1907-03-01
DECIDED HERE
FOR FIRST Time

Judge De Bolt has given a decision
on a law point never before decided
In this Jurisdiction. 1t was in the
action on Judgment of Joseph o. Car
ter plaintiff, against Koolau Male
and others, defendants, and Joseph o.
Carter and others, garnishees, the
plaintiff sought to recover. on judy
ment heretofore obtained by him
against defendants, the sum OF $3.50,
and to that end alleged that the gar
nishees. as trustees under the will of
Samuel c. Allen, deceased, held In
their hands a certain sum of money
for the benefit of defendants.
Defendants interposed demurrer
but urged only the ground that there
was a misjoinder of parties in that
Joseph o. Carter made himself both
a plaintiff and defendant.
The statute is quoted by the court,
and many decisions elsewhere. the de-
cision concluding thus:
1.-THE question of setoff also some
times presented as reason against
a plaintiff making himself a garnishee,
II 1t has any force, does not apply
In this case. because the trustees in
an action against them by the defend
ants for the money in their hands
could not set Off debt due to Joseph
0. Carter individually Secs. 1859, 1854,
1866. II. l..
The supposed Inconsistencies and
difficulties pointed out by those who
oppose the rule are more apparent
than real. Whatever the theory may
be, our common sense tells US that no
plaintiff who makes himself garni-
shee will be obliged to or will ever re-
sort to the various measures provided
by law to search a garnishee. The
position of garnishee Is essentially
different from that of a defendant.
"A defendant must act, either admit
or deny, yield or contend. A garni-
shee Is wholly Indifferent He holds
the money or effects for the one whom
the law decides is entitled to 1t. As
garnishee he has no claim or interest
In the litigation or the result thereof.
he. without concern or embarrass-
ment to himself, awaits the conclusion
between plaintiff and defendant and
then acts accordingly.
There being conflict in the au-
thoritfes upon the question now under
consideration, and, as the rule for
bidding the garnishment by plain
tiff of funds in his own hands is pure
ly technical and calculated to defeat
Justice. and the opposite view tending
to subserve the ends of Justice and to
force an unwilling debtor to pay his
honest debts. and. now being free in
this Jurisdiction to decide either way
upon authority, l prefer to adopt that
view which accords with Justice The
rule is essential to and facilitates COM
mercial and other legitimate transact
tons. 1t is In harmony with the pro-
gressive spirit of the age. 1t is plain
common sense. 1t Is justice.
THE demurrer. therefore, is over
ruled. Defendants may have ten days
within which to further plead or an
swer."
Kinney, Mechanism and Derby for
plaintiffs: c. w. Ashford for defend
ants.
The Hawaiian gazette., 1907-03-01
DONE BY TRYING.

Nobody can tell what he can
do till he tries. When a thing
ought to be done the modern
spirit moves US to keep working
away at it until it is done. In
the face Of this idea the "impos-
sible" vanishes. Where there's
a will, there's a way. off we
could but rob cod liver oil of
its sickening taste and smell and
then combine it with two or
three other Ingredients we should
possess the best remedy in the
world for certain diseases that
are now practically incurable."
So said a famous English physi-
clan twenty-five years ago. "But
it will never be done," he added.
"You can no more turn COO liv-
or oil into a palatable medicine,
than you can turn the Goldfish
itself into a Bird of Paradise"
Yet he lived to admit that in
WAMPOLE'S PREPARATION
the impossible" had been &C.
complished. 1t is palatable as
honey and contains all the nu.
tritive and curative properties of
Pure Cod Liver Oil, extracted
by us from fresh cod livers, COM
bined with the Compound Syrup
of Hypophosphites, Extracts Of
Malt and Wild Cherry. This
remedy is freed from the bad
peculiarities DR.. rockingham so
detested, and it is precisely the
splendid medicine he wished for.
Use it freely and confidently for
Hysteria, Wasting Complaints,
Anemia, Blood Impurities, Asth.
ma, and Throat and Lung Trou-
bles. DR.. w. II. B. Atkins, Ply
stefan to Toronto General Hos
pital, says: 81 am much pleased
to state that the results from
using Wampole's Preparation of
Cod Liver OH have been uni
formly satisfactory; it appealed
to me as being prepared accord
ing to correct scientific princi-
pies" 1t increases the appetite
and influences the digestion of
food; it is delicious to take, win
not disappoint you, and is effec-
tive from the first dose One bot
Gle conyinoes. At all chemists.
The Hawaiian gazette., 1907-03-01
K|HE| MAKES A
SATISFACTORY REPORT

Tho satisfactory condition Of affairs
at the Kihei plantation was shown in
the report made at the annual meet
ing on Monday afternoon. In the sea-
son just past the output Of sugar
amounted to 5161 tons, slightly over
the estimated yield, the cane producing
ton of the product for every seven
tons harvested.
For the season Of 1907 it is expect
ed to cut 745 acres, about half of
which is ratoon cane, from which a
minimum of 1900 tons Of sugar is ex-
pected. At the present time tho cane
shows healthy growth, although the
late planted cane is affected somewhat
by the leafhopper pest.
For next years crop the plantation
is carrying 500 acres of ration and has
planted 204 acres, the results from
which are expected to be the turning
point of the successful and profitable
operation of the plantation. A yield
of 5000 tons of sugar at a low working
cost is estimated from this.
The cost of operating the pumps and
locomotives has been reduced through
the fall in the price of oil and the
irrigation bitches and laterals are be-
ing now cleaned out by the spare field
hands. the use of which will do away
for the present with the proposed reser-
voir.
The following officers were elect
ed; III. p. Baldwin, president; Da-
Vid Kawananakoa, vice president; J.
P. Cooke, treasurer; Il. E. Paxton,
secretary; d. b. Murdoch, auditor.
Board of directors: II. p. Baldwin,
=. A. Thurston, David Kawananakoa,
J. Lesser, ]. II. soper. Manager, A.
I. Mcleod.
The Hawaiian gazette., 1907-03-01
RHEUMATISM CAN BE CURED.

There Is no disease which infiicts
more torture than rheumatism and
there is probably no disease for which
such varied and useless lot OF RENEE
dies have been suggested. To say
that 1t can be cured is therefore a
bold statement to make but Chamber
lains Pain Balm, which enjoys an ex-
tensive sale In this country. has met
with success In the treatment of this
disease wherever 1t has been. tried
One or two applications OF this lini-
ment will relieve the pain and hun
dreds OF sufferers from this disease
testify to permanent cures by its usa
For sale by Benson. Smith & Co. Ltd.
Agents for Hawaii.
The Hawaiian gazette., 1907-03-01
HAWAIIAN SINGERS
PLEASE IN MICHIGAN

The Royal Hawaiian Serenaders,"
an Ellis combination. is now touring
the Eastern States. A Grand Rapids
(Mich.) paper speaks of them as fol,
lows: a.f
The Royal Hawaiian Serenaders act
at the Peoples theater this week Is
certainly a novel and unique act.
The five men who constitute the
act are native born Hawailans, having
lately arrived from Hawaii. Uncle
Sans newly acquired territory.
Mr.. John S. Ellis, Hawaiis leading
tenor soloist who has sung before the
royal heads of Hawaii during the
monarchy, Is the soloist with the
Serenaders. and 1t Is treat to the
music loving people to hear his Won
derful voice In his own native tongue.
Mr.. Ellis was first heard in Ameri-
ca only few months ago when he
was featured as tenor soloist with the
Royal Hawaiian Band on its recent
tour of the United States.
The Hawaiians are noted for Their
sweet voices and plaintive music, and
any one fond Of good music can get
a splendid general idea of high clasa
music by hearing the Royal
Serenaders.
A feature of the Serenaders' act IL
the special scenery used. to give the
public general idea of the beautiful
tropical scenery in and about Ha,
wall. This Is the highest priced act
ever played by Manager Hugo. and IL
Is indeed a musical treat OF the high>
est order,
The Hawaiian gazette., 1907-03-01
JAPANESE IN HAWAII.

The Japan Gazette says: The Japa-
nese population In Hawaii Is reported
to be much In excess of that of any
other nationality. excepting the ma
tives. 1t Is interesting to note In q
list of criminal cases before the local
court In the year 1866 that the num-
Der of Japanese offenders is very small
in proportion compared with other ma
tionalities. There was a total OF 100
convictions of which 4s were those of
Chinese. SO Hawaiians. 81 Japanese, II
Portuguese. and 2S "others." presum-
ably Americans and Europeans. A
comparison of populations would be
favorable to the Japanese In the above
list.
The Hawaiian gazette., 1907-03-01

would cover the expenses OF all OF the
circuit courts. which they were st pres
ent engaged In drawing up.
Representative Mahoe introduced Q
bill creating a revenue for the counties
by having the fines In the district
courts 10 to the county. Passed FIRST
reading by title.
Representative Kanlho introduced a
bill to amend Sections 10 and 10 OF the
Revised Laws and TO repeal Sections
II and is.
The House adjourned at 1855 p. m.
until 9 o'clock this morning.
The Hawaiian gazette., 1907-03-01
LAW MILL
GRINDING
SENATE-FIrTH DAY.
Morning Session.

krAohhAhk SUoctth-
BILLS PASSED THIRD READING.
No. 4. An act to provide a fire de-
partment for the towns of Wailukn
and Kahului and for Lahaina and 9TH
er towns in the Territory where such
departments are properly organized.
No. IA. An act relating to the right
of married women to deal with her
separate property. Amending 1868 and
22e5 of the Revised Laws.
No. 20. An act fixing the salaries of
officers of the Senate.
No. %. An act prohibiting the cut
ting, damaging or injuring of trees
within the Territory of Hawaii.
No. %. An act relating to the Board
of Forestry as concerning the setting
apart of lands for forest reserves.
TO THE GOVERNOR
No. Is. Appropriating the sum OF
of Congressman to be invited by the
Delegate during June. 1907.
There was lot of business done in
the Senate yesterday. Five bills pass,
ed third reading and Senator Lane has
the credit of getting the first bill to
the Governor for his signature.
At the morning session Senator
Hewitt reported from the Educational
committee on the resolutions presented
by Senator Brown in which the Hilo
High School is represented as in need
of two thousand dollars for school fur
niture The resolution is tabled to be
considered with the bill. The Sena-
tor reported verbally that in the opin-
ion of Mr.. Babbitt the furniture is
needed.
Senator Lane from the Printing COM
mttee reported the receipt of Bills
Nos. 81 and 20 and their distribution
PAY OF OFFICERS.
Senator Dowsett presented resolu,
ton fixing the pay of officers of the
Senate as follows: clerk ten dollars
per day, assistant clerk five dollars
per day, sergeant-at-arms four dollars
per day, messenger three dollars per
day, janitor three dollars per day and
chaplain at one hundred and fifty dol
lars for the session. Senator Coelho
was not satisfied with the rates and
moved to amend so that the assistant
clerk would have eight dollars per day,
the sergeant-at-arms six dollars and
the chaplain two hundred and fifty
dollars for the session. The amend
ment failed.
WAILUKU TO HAVE DEPART
MENT.
Senate Bill No. 4 relating to the es.
tablishment of fire departments in
towns Is as follows: amending Act 60 OF
the Session Laws of 1905.
Be 1t enacted by the Legislature OF
the Territory of Hawaii
Section 1. Section 1, Act So Of the
Session Laws of 1905 is hereby amend,
ed so as to read as follows:
Section l. There shall be one fire
department for the towns of Wailuku
and Kahului, one for the town Of La
haina, Island of Maui, and one for
any other town in the Territory where
such department is properly organized
under the provisions of this act, each
of which shall consist of chief en-.
gineer, not over two assistants, and az
many firemen as may be approved by
the Board of Representatives of the
department duly chosen as by it's by
laws provided. Each of such fire de,
partments shall be under the general
authority and control of the Board OF
of the county wherein such
fire department Is organized"
Section 2. That wherever in Act SO, |
Session Laws of 1905, the words "Su-
of Public Works" and
Legislature" appear, the same shall
The Hawaiian gazette., 1907-03-01

The bark Edward May arrived at
Makaweli from Honolulu on February
"a. one day out.
The Hawaiian gazette., 1907-03-01

A communication from the Superin-
tendent of Public Works was the first
business OF the afternoon session Mr..
Holloway reported as to the funds ex'
pended under the Loan Act of 1905, the
moneys unexpended and the work at
present being completed. The report
was referred to the Committee on Pub
lie Lands.
Senate Bill No. 23 relating to the De-
partment of Agriculture and Forestry
passed first reading by title in the
House.
Senate Bill No. 20 relating to the pro-
lection Of trees and shrubs within the
Territory passed first reading by title
in the House.
Senate Bill No. IA relating to the
right of married women to dispose of
property passed first reading by title
In the House.
Senate Bill No. 20. a bill TO appropri-
ate money for the expenses of the Sen,
ate passed first reading by title and
was made the special order of the day
for Wednesday
The Judiciary committee reported
on House Bill No. which provides foi
the defraying OF expenses of the fifth
circuit court. They recommended
that 1t be incorporated in a bill. which
The Hawaiian gazette., 1907-03-01

20 make hasty or ili-considered amend
msnts. but that all such changes or
modification should receive deliberate
and careful consideration. and we be-
lieve that the objects sought can be
better obtained through commission
as recommended by the resolution
than by separate and Individual
Respectfully submitted,
w. o. SMITH.
A. N. HAYSELDEN,
g r CHIII1NGwORTH
The Hawaiian gazette., 1907-03-01

thereof shall be punished by fine not
exceeding five hundred dollars, or by
Imprisonment not exceeding one year,
or by both such fine and imprison-
ment
Section 2. Every person who shall
wantonly or maliciously cut, dig up or
injure any timber set out, planted,
cultivated or growing naturally, or any
cultivated hedge or tree row. or any
ornamental tree. or fruit tree. grow
ing on the land of another. or on lands
belonging to the Territory; or who
shall wantonly or maliciously throw
down or PROSTATE, any fence, gate or
bars belonging to any enclosure of any
description of cultivated or growing
timber ornamental or fruit trees, or
who shall wantonly and maliciously
tear down and open, or cause to be
torn down or opened any such fence.
gate or bars, shall be guilty of mis-
demeanor. and upon conviction there
of shall be punished by a fine not ex-
ceeding five hundred dollars, or by i'm
prisonment not exceeding one year, or
by both such fine and Imprisonment.
Section 3. This Act shall take effect
from and after the date of its ap-
proval.
What may be called Board OF For
estry measure Is bill 23 which passed
third reading at the morning session.
The bill provides for the amendment
of Section 379 OF the Revised Laws OF
Hawaii as amended by Act IS of the
Session Laws OF the Territory OF Ha-
wall passed by the Legislature at it's
regular session OF 1905. to read as fol-
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-03-12

Mr.. Simpson has had propositions
from leading paper both in this and
other southern states and it is more
than probable that he will accept one
of the offers and leave Raleigh, which
would DE deeply regretted by hun
dreds Of people in this city.
The above is from the Raleigh Times
and refers to it's late editor who re-
signed the editorship rather than make
any further apology to the passenger
rate conference committee of the icgis-
lature. We sincerely hope Mr.. Simpson
will accept none of the offers which
have been made him from outside the
state. He is the kind of editor the
state and the democratic party needs.
and his place is at headQuarters-in
the capital. she statement has been
sent out that he would return to his
position on The Times. His many
throughout the state hope this
is true. That is the pl.re Tor hlul,
There he can do the most good.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-03-12
TERMS OF SUBSCRIPTION:
WILMINGTON, n. c.
TUESDAY, MARCH 18th, 1906.
WHY SENATOR SOONER RESIGN
ED.

Various reasons have been assigned
for Senator Spooner'S resignation,
such as that his financial condition was
such that he could not afford to remain
in the senate; that he had grown tired
Of public life, and that he would open
an office in New York city for The
practice Of law, his reputation insur-
ing him a lucrative share Of the COR
poration practice Of that city.
Another and very different reason is
assigned by the Washington c~orrespoD-
dent Of the Baltimore Sun. He at
tributes it to political considerations Of
the highest Notwithstanding less
than in order to become the candidate
of the sound and sane" element Cf
the republican party for the nominal
ton for president as the most available
man "to save the party from breaking
through 1he thin barrier of d%eclination
which M. Roosevelt has constructed
between himself and the nomination
for q thir5 term.
1t is pointed out that Mr.. Spooncr
has been a loyal and true republican
standing by Mr.. Roosevelt on all occa-
siOns, though at times not approving
of the latter's course; so long as he
remains in tbs senate he would feel
hat party allegiance hello him bound
10 the president. that cut ef the senate |
he will be free TO, act as his sentiments
and conscience dictate; that then there
would be no impropriety in 4iis becom-
ing the opponent on Mr.. Roosevelt for
the presidency.
How much of certainty and how
much Of mere conjecture there is in
The Suns correspondents statements
is not yet known. The idea seems to
be gaining ground that Mr.. Roosevelt
will find some excuse for getting
around his positive statement, made
more than once, that he will not be a
candidate for denominations; and as
the opinion grows the anti-ROOseveft
in the republican party is be-
more determined to defeat ) leh
purpose if it is undertaken.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-03-12


The California legislature does NOS
seem to be willing that President
Roosevelt and Mayor Schmitz shall
usurp it's prerogatives, The Japanese
question has not been settled yet.
Mr.. Hearst wins a strong point IN the
mayOralty. contest. The appellate di-
vision Of the supreme court decides
that the refusal of the former attorney
general to institute recount proceed
ings is no bar to such action by the
present attorney general. The court
advises that the question involved be
passed up to the court of appeals. Mr..
Hearst's chances are not gone yet,
t ough the term will have expired by
the time the case is finally decided.
But if he wins he will have the sat
isfaction of knowing that he was elect
ed mayor of New York even if he did
not Serve As such official.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-03-12
TURN ON ALL THE LIGHT.

Those We're lively times at the SEES
sion of the legislative investigation
committee Friday. Rev. Plato Durham
showed that he had his convictions on
certain matters and hat he was not
afraid to express them. He was per-
fectly right in refusing to give his
source of information. He showed
that he could not be b~rowbeaten or
intimidated into ~receding from the po-
sition he deemed it his duty TO take.
state who are glad that he refused to
give the source of the private irfor-
nation he had as to attempts to un-
du,v ;nfuencse some members of the
legislature.
! If the respondents in this matter are
forced to further defense and required
to examine all the members of the leg
~islature they will be able to SHOW eX-
actly what coalitions have existed III
Raleigh during the present session. If
the parties who are pushing the i'll
v~estigation want the whole truth dis
closed the committee should give full
opportunity for it to be done. Let
every member of the legislature be put
on the stand to tell what he knows
about any effort having been made to
influence the members Of the confer
'ence committee or any other member
of the legislature. That certain parties
have attempted to unduly influence
members of the legislature is a charge
that should not be allowed to rest until
thoroughly disproved. The Legislators
should not be satisfied with the lack OF
proof of its correctness. There has
been so much said about it and with
such positiveness by men of standing
who put confidence in their informants
that the charge should be probed to the
bottom.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-03-12

hate 10 see any routes in this section
of the state discontinued. We do moi
know that it is contemplated, but the
department is making serious conf
plants as to conditions in the south.
We beg the people Of our section 20
see to it that none Of their routes are
discontinued. They will be kept up if
the people will use the service. It
rests with the people.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-03-12

Hon. Risden T. Bennett, the writer
Of unique obituaries, has recently out
done himself in an obituary OF a friend
who was drowned III a mill pond. He
begins with: 1--WE drop a tear OF regre.
upon these lines. In recOunting the
earnest efforts of neighbors to recover
the body he says: With one impulse
old and young friends joined in Dur-
suit of his fugitive body. The find
ing Of the body is thus described:
Twas found high upon the charity
of a neighbor's mill dam-stark and
stiff The article closes with. Il
SILVER for Christ sake. We hone
Judge Bennett has preserved copies
of all the obituaries he has written
on the death of citizens of Ansh
county and will have them published
at some future day. They would make
very interesting reading for a dull day.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-03-12

Those southern senators who voted
for the amendment to the immigration
law thinking they would not affect
the south will please read carefully
the opinion Of Attorney General Bona
parte on the question of the rights OF
states under the federal immigration
laws. Knowing the sentiments of the
north toward foreign, immigration to
the south they should not have taken
any chances.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-03-12

RURAL FREE DELIVERY MAIL

Unless the people living along many
Of the free delivery mail routes take
more interest in them they will be dis
continued. Complaint is made by post
office department officials that on
some routes few people patronize them
and hat in many instances they will
not put up boxes, five and six families
clubbing together and using one box.
The people whose routes are dis2On-
tinued will find that they have suffered
a great loss-even those who use the
service to a small extent only. All on
every route could at least put up boxes.
Those who lose their routes through
carelessness in this matter have nc one
but themselves to blame. They can
not find fault with their congressman
If they so bring this Inconvenience
upon themselves. This is a matter
which the people in the rural districts
should not neglect. Let eyerv house-
holder put up his box and do some
thing to increase the amount of mail
carried on his route. He should take
a daily o. one Or more weekly and
semi-weekly papers. The latter are
now so cheap that they are within the
means of every farmer. We would