davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1907-01-14
Minority Leadership.

Champ Clark of Missouri having de- clned to become a candidate for the minority leadership against Representa- tive Williams, the insurgents today turned their attention to Representative Burleson, of Texas. who promptly de- clned to allow the use of his name.
 q am not candidate for the position of minority leader against MT. Williams, and I will not be a candidate against him under any circumstances, said MT. Burleson when the matter was called to his attention MT Williams certainly should be, in my opinion assuredly will be, selected to succeed himself as leader in the Sixtieth Congress. Furthermore, in the event that the democrats secure control of the next House. the SiXtieth- Sixty-first, MT. Williams certainly should be elected speaker. You cannot put this too strongly"
 Has Too Much Work.
 MT Burleson is of the opinion that q minority leader has a little too much work to do. If he were running matters he would have an advisory committee of five to be elected by the democratic cau- GUS, and they would have charge of the direction of party affairs on the floor
 
 MT. Burleson, "there would be a divided responsibility and 1t would not entail such onerous labors upon any one man. MT. Williams leadership has been pre- eminently successful. So brilliant and successful have been his presentations of the evils which have grown up under the dominance of the republican party, and especially the gang of continuing in power the present party that when Con- gress adjourned 1t was universally re- cognized as not only possible but ex- tremely probable that the Sixtieth Con- gress would be democratic
 But, unfortunately" continued the Texas congressman, "a speech was made in August over which MT, Williams could exercise no control, though he made a trip across the ocean in his efforts to do so. That speech completely destroyed these bright prospects. Through no fault of the Mlssissippian the Sixtieth Congress will be republican"
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-12-23

title" Cos u. S. SAD. If the plaintiffs
acts, relied on by the defendant, would
amount to waiver under any circum-
stances, the decision of the Supreme
Court proceeds upon the broad ground
that the title to goods sold subject to
a condition precedent cannot be passed
by any unilateral act of the vendor.
Whether the question of estoppel in
pals is covered by the decision of the
Supreme Court or fairly included in
its reasoning or not we see no grounds
upon which the defendant can claim
the benefit of any estoppel. He could
not have relied upon prior representa-
ton of the plaintiff that this property
belonged to the Kona Company for
the reason that the plaintiff had re-
ceded from that position before the
sale took place and at the sale read a
protest claiming it as its own.
eff both parties are equally cognf-
zant of the facts and the declaration
of one party produces no change in the
conduct of the other, there is no es-
toppel" Goo Kim V. Holt, 10. Haw. Sc.
There was no estoppel by the judg-
ment confirming the receivers sale as
far as Jurisdiction was concerned Us
Haw. 100 nor by the decision that the
order of sale failed to show that it
included any of the plaintiffs property.
Q6 Haw. 25S). The question of title
in this action was not before the court
in those cases and if it had been pre-
sented the court probably would have
had no jurisdiction in those equitable
proceedings to determine the title
The defendant has pointed out that
the decision of the Supreme Court con-
corning the effect of the plaintiffs lien
action appears to have been based in
part upon the view that the plaintiff
had made a mistake as to the owner
ship of the land on which the railway
was built. the court remarking 1.-THE
fact that a party, through mistake,
attempts to exercise a right to which
he is not entitled does not prevent his
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-12-23
DR.. PRATT's WORK
FOR THE PAST MONTH

DR.. J. S. B. Pratt, general health
and sanitary officer, in his report for
November says;
Inspections were made as to the
health and sanitary conditions of the
entire Koolaupoko districts, all the
places being visited twice and most
of them a number of times.
sfThe hesath of the district was
somewhat better than during the month
of October.
"Two major and a number of minor
nuisances were abated.
"fTreatment was continued in 40
cases from previous months and there
were 30 new patients, 191 house visits
were made and IA office visits.
"'The number of miles travelled and
seeing patients were 321, not including
FIVE trips over the Pail.
"One post mortem examination was
made at Waimanalo on the body of a
Chinaman and a report made to the
coroner.
DIR. Pratt gives statistics of his
visits to the following schools: Kaulu-
wela, Maemae, Kalihiuka, Pauoa, Cen
trail Grammar, High, Pohukaina, Wal
lupe. Moiliili and Royal. In these he
issued a total of 1888 certificates and
vaccinated 514 children. Certificates
were refused to 81 pupils, all on ac-
count of trachoma.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-12-23

afterwards exercising one which he had
and still has unless barred by the pre-
vious attempt Cos U. S. 347) If the
evidence showed, jas it does not, that
the company owned all instead of
about one-sixth of the land over which
the railway was made this would not
affect the decision that 1.-The assertion
of lien by one which has title, so
long as it is only an assertion and
nothing more, is merely mistake
Obj
The defendants exception to the re-
fusal of the trial judge to find separate
values for the articles furnished can
not be sustained since the second con-
tract does not mention the prices, and
their separate values with reference to
that contract are immaterial.
The only exceptions to rulings prior
to the judgment on which the defend
ant relied in argument are % to al
lowing the plaintiff to amend it's COM
plant by changing the averment of the
value of the property first from $4,000
to $4,000 and then to $4,000 and by
striking out from the complaint the
word supplementary before the word
contract" and CD to ruling out GER
tain evidence of Scott, the first receiv-
er, concerning the condition of the
property, on the ground that he was
not an expert.
The amendments were properly al
lowed under the statute. (Sec. 1888 r.
LID Before the property was deliver
ed to the plaintiff the defendant OBJ
tanned a return of it to himself upon
his statutory bond in double the value
of the property as originally stated by
lthe plaintiff. 1t does not appear that
the defendants rights were affected by
the amendment increasing the value,
and the amendment striking out the
word supplementary conforms to the
ruling that the later contract was sub
stituted for, and in settlement of, the
earlier and was not a contract for
payment Of the purchase money.
As to Scott's testimony. His testf-
mony as to one car being damaged
was kept in while his testimony as to
the rest of the equipment being in good
condition was struck out. Upon OBJ
lection by the plaintiff that Scott was
not an expert as TO value the defendant
admitted that he was not attempting
to prove value. Consequently Scott's
testimony was immaterial and the ex-
ception should be overruled.
Exceptions overruled
A. G. NJ. Robertson for plaintiff. D.
L. Wilmington castle & wilmington on
the brie0 and j. w. Cathcart for de-
fendant
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-12-23

findings of fact were taken to be true
by the Supreme Court and are not
open to dispute except so far as. they
depend upon rulings of law which
we construe as meaning, ARE not open
20 dispute in any event." and not, as
now contended by the defendant, ARE
not open to dispute for that reason"
1t appeared to us in considering the
case at the former hearing of the de-
PENDANTS exceptions that the contract
of March Is, 1901, was supplementary
TO that of February u, 1900, in extend
ing the time of payment of all but
$4,000 of the purchase money, securing
the balance by the note and bonds,
and that the retention of title was for
further security by way of mortgage,
but the appellate court declared that
this contract took the place OF that
previously made Under this decision
this court is not at liberty TO construe
the second contract as merely chang
ing some of the terms of the earlier
contract and not as a complete sub
stitution and effacement of the con-
tract.
As to the claim of waiver, the pass
condition precedent, the subsequent
election of the plaintiff to treat the
title as having passed and its waiver
of the condition precedent are but two
aspects of the same question. The
matter of waiver was, fully discussed
in connection with the question of cleo
tion in the defendants brief in the
Supreme Court as appears by that
brief now filed with us and by it's
summary in the official report. AL
though the decision of the Supreme
Court does not use the term waiver"
II sufficiently appears throughout that
waiver of the condition precedent is
the matter under discussion. as, for
example, when the opinion says 1.-THE
election supposed and relied upon is an
election to keep the contract in force
but to leave out the reservation of
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-12-23
THE WALUKU GUILD.

The Woman Guild of the Church
of the Good Shepherd, Wailuku, at its
last meeting voted $4O0 from the fair
proceeds for the repairing of the par
sonage. Officers for the ensuing wear
were elected, namely: President. Mrs.
j. n. S Williams; first vice president.
Mrs D. Ii. Davis: second vice presi-
dent, Miss L.. Hart; treasurer, Mrs.
Chas. Lufkin; secretary, Mrs. w. F. J.
Dale; basket committee, Mrs. Mckay,
Mrs. Austin and Mrs. Marshall.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-12-23

Have you secured your copy of Pic
turesque Honolulu ? Tt is the most
beautiful souvenir of Honolulu ever is
sued. Fifteen cents copy ready for
mailing.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-07-10
Celebrates Coming Of Age.

| ATLANTIC CITY, N. j., July TO-
State Senator James p. McNichol OF
Pennsylvania was the host today at a
little party which tended to add con-
siderably to the reputation of Atlantic
City as place for publications. and
celebrations in which the item OF ex-
pense cuts small figure. The scene of
the feast was Senator McNichors
handsome cottage, and the occasion
of the celebration was the coming OF
age of Senator McNichops son, Harry
A. McNichol.
Everything pertaining to the enter
tainment was on a lavish SCALE The
majority of the guests were we'll
known Philadelphians, and the dinner
was served by staff of cooks and
walters from the Bellevue Stratford
hotel in that city.
To add to the pleasures OF the occa-
sion Young McNichol was made the
recipient of many handsome gifts from
his family and friends. From his
father he received a 40-horsepower
touring car, in which he plans to start
next month with party of friends on
S,0o0-mile trip through Canada and
the Northwest.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-07-10

secured. AS member of congress l
MADE the statement that the measure
providing for the homesteading of apri-
cuIiua! lands within the forest re-
serves was an anesthentic prepared for
the Idaho people in the manner in
Nh'Ih II was presented and contended
upon the floor of congress that the read
ing OF thv measure should be that. all
agricultural lands shall be open to set
teinent' rather than may be open to
settlement and was told by the lead
ers of the movement that if such a
chahse was made the act could not be
passed.
If you should desire to enter upon
a piece Of land within the forest re-
serve you would be compelled to paw
$500 or more to get survey by which
YOU might give a description of the
land upon which you desired to locate.
This alone keeps many from securing
homes within the reserve, and II the
department saw fit to declare the land
more valuable for forestry than for
money you had expended In making
your settlement and securing the sur
vey. We claim such features to be
impractical.
we know of instances where
sheepman had contracted for range
and after using 1t one year was served
with notice during the month of Mo-
vember that he would be allowed to
range only so per cent Of the number
OF sheep the next season as he had
during the previous one. It was at a
time OF the year when there was no
market for stock sheep and his fiocks
were not in condition to be sold for
market and there was a big loss here.
we also claim that the mining In
the reserve is embarrassed by the COM
petitive bid required for the purchase
of timber necessary to mining develop
ment. We contend that in cases where
the timber is needed for the Develop
ment Of the resources of the country
that fiat rate should be provided by
which the possibility Of making the
use of the timber prohibitive by per-
sons running up the bid Is eliminated"
After the conclusion OF Mr. French. |
Mr.. Pinchot spoke briefly in answer to
some Of the points made, after which |
the party fastened to the train, Mr.. !
Pinchot going to Spokane from which
point he will visit the coast, and Con-
gresham French returning to Mos
cow.
Preceding the speaking the Lewiston
band rendered one of its splendid con-
'erts, each number being heartily APP
olauded.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-07-10
How,a Thia2

We offer One Hundred Dollars Re-
ward for any case of Catarrh that
cannot be cured by Halls Catarrh
Cure. F. J. CHENEY & CO., Tole-
do, o.
We, the undersigned. have known r
J. Cheney for the last Is years, and
believe him perfectly honorable In all
business transactions. and financially
able to carry out any obligations
made by his firm.
WALDING. KINNAN & MARVIN,
Wholesale Druggists, Toledo. o
Halls Catarrh Cure is taken inter-
naliy. acting directly upon the blood
and mucous surfaces OF the system.
Testimonials sent free. Price, 75c per
bottle. Sold by all Druggists.
Take Halls Family Pills for consti-
patton
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-07-10

weeks prior to going to Bellingham
for the summer.
D. B. spafrord, OF DeadwoOd. 9. D.,
arrived in the city last evening and
has taken up his duties ~ salesman
with the Gramlich-Letson Shoe COM
pany
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-07-10
PERSONALS.

- - - - . = . . . - e. . .
George B. Rubedew was a visitor
this mornin from Moscow.
L. Stannus was visitor today from
Eorofino.
/, Peter Klaus was in Lewiston today
en- route to his home at Mohler. Mr..
Klaus has recently visited points in
Colorado and Nebraska where he has
purchased real estate.
F. w. Kettenbach, president of the
| Lewiston National bank and the Idaho
Trust company, left this afternoon for
Sites, where he is interested in the
Sites State bank and will go to
ing of stockholders of the Bank of Ca
mas Prairie.
A. Freidenrich left this afternoon for
Grangeville to attend the annual stock
holders meeting of the Bank of Camas
Prairie, which will be held tomorrow.
Attorney F. E. Fogg left this after
noon for a business visit to Culdesac.
! v. A. Billion and wife returned to
their home in Mohler today.
j. j. Wiles left this Afternoon for his
home In Grangeville.
Roy Lane, merchant at Kamiah, was
Lewiston visitor today.
Len Magil. grain buyer at Peck, re-
turned home this afternoon.
jacob Schaeffer left this morning
for business visit to eastern Wash
| ington points, where the Schaeffer
Packing COMPANY is supplying meat to
the camps of the Milwaukee railroad.
George H. Kester left this morning
for points in eastern Washington,
tract work
A. A. Campbell was an arrival this
morning from Pierce City, where he is
enac~d in the mercantile business.
L. A. Jahnke, of Orofino, Is a BUSH
mes visitor in the city today.
Deputy Sheriff A. A. Masters return
ed this morning from a business visit
to the prairie country.
]. H. Jones returned this morning
from a business visit to the Middle
Fork county.
William Ralph returned this morn
ing from visit to the Camas prairie
country.
Elmer Waldrip was an arrival this
morning from Nez Perez.
Miss Levina Mead left this morning
for visit with friends in Minneapolis
after pleasant visit with relatives in |
the city, being the guest at the home |
of Mrs w. p. Hurlbut.
George n. Rummins, formerly coun- /
ty attorney of Asotin county left last !
night for Spokane. He was accom-
panied by Mrs. Rummins, who will en-
ter Spokane hospital for treatment
for appendicitis.
G. D. McEachron and wife returned
this mornin from visit to Spokane.
P. f. Stookey returned this morning
from Spokane.
c. w. Felt, merchant at Nez Perez.
was an arrival this morning from Spo-
kane en- route home.
H. w Newton has returned from
Occur d'Alene, where he has estab-
lished his family for the summer.
H A. Whitfield, road supervisor for
district No. IT is in the city from
Peck in conference with the commits
sioners.
Joe Payne is in the city from Cot
tonwood, where he has charge OF one
OF the hotels.
DR.. o. c. Carssow returned yester-
day from Spokane.
Nat Brown was last night appointed
to a place on the board of directors of
the Interstate fair caused by the resig-
nation Of M. W. Barnett.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-07-10

New potatoes and new home grown
cabbage fresh every morning. r. C.
Beach CO.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-07-10
PERSONALS.

. - - o o - . .
ernest Johnson, Northern Pacific
agent at Kamiah. is a visitor in the
city today.
r1 M.ss Olive Menace ana Miss Mae
~, """oenthaller left this morning for
.I' formers home In Seattle, where
Wildenthaller wiIl visit Tor q few
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-07-10
INTERESTING
DEBATE

Continued from Page One1
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-01-25
Further
Police
Changes
TWO HARBOR POLICE AND THREE
COURT OFFICERS DROPPED
IAUKEA INDEPENDENT.

Il have not yet discovered who he
is, appointed by me to the police force
who has been arrested time and time
again and who is a criminal, as some
people would have it appear from cer-
tain newspaper accounts" said Sheriff
Iaukea this morning.
I'm afraid that in some of the
changes 1 have found it necessary to
make, have discharged somebody's
pet. 1 do not see what business it is
of Secretary Atkinson's anyway, whom
L appoint"
Sheriff Iaukea stated emphatically
and concisely today that he was in the
position of sheriff to make of the police
department a service that would in
every way meet the requirement of the
community as a whole, and that it was
his intention to make the force eff
cient if he had to discharge even more
men than have already been discharg-
ed.
II originally selected certain men
whom l intended to appoint to places
on the police force" continued Sheriff
Iaukea "and then came the notifica-
ton from the Supervisors that my es-
Inmates for February would have to
be cut way down from what were the
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-01-25
CONVICTED GRAND
JURY GAMBLERS
JUDGE ROBINSON FOUND BUNCH
OF CT GUILTY AND WILL SEN
TENCE THEM TOMORROW.

Judge Robinson this morning found
all Of the 81 Chinese defendants In the
Grand iury's gambling case, guilty
as charged. The court announced that
sentence would be passed tomorrow
morning.
This case has had more or less sem
sational features due, partially to some
Tits between opposing counsel, Deputy
Attorney General NJ. F. Prosser for the
prosecution and r, w. Breckons for
the defendants.
Yesterday afternoon Prosser who had
accompanied the grand jury on it's
raid, was pot on the stand by the de-
fence and after being questioned by
that side, proceeded to cross examine
himself, for the prosecution, a pro-
ceeding that was rather original.
The defendants bill Of exceptions in
the case of the Territory against Kat
sutaro Takamoto, convicted Of murder
has been filed by his attorneys, e. A.
c. Long and Samuel Noar.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-01-25
NO SIGN Of
RESCUE CUTTER
U. S. 5. MANNING OUT SO HOURS
LOOKING FOR DISABLED ISLAND
SCHOONER LUKA.

Up to o'clock this afternoon the
United States Revenue Cutter Manning
Captain Joynes, had not been sighted.
She went out at o'clock yesterday
morning to look for the little isltnd
schooner Luka, Captain Moki, which
was reported 62 miles out by the S. S.
Coptic which spoke her and gave her
provisions and water at noon on We'd
nesday. Her helm was useless and
she had suffered much from recent
heavy weather, having gone far from
her course. She was then fifteen days
out of Honolulu for Hilo.
At the speed she can maintain, the
Manning supposing the Luka had ex-
perienced no further trouble and pre-
suming that the Manning allowed foI
the drifting of the schooner from heI
reported position, should have picked
her up yesterday forenoon.
Towing the Luka home would OF
course be a difficult task since the
schooner had lost the use Of her rud
der.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-01-25
c, R. BISHOP
is IS TO-DAY
HAwAII'S FOREMOST PHILAN-
TROPHIST REACHES ANOTHER
MILESTONE.

Today is the eighty-ffth anniversary
of the birth of c. r. Bishop one Of the
foremost of Hawaii's philantrophists.
Mr.. Bishop continues in fairly good
health according to his friends who
hear from him. He at present is re-
siding on the mainland. on next Sun
siding on the mainland. On next sun
cial exercises in his honor will be held.
This afternoon the trustees of the va
rious trusts created by him will meet
with the trustees Of the Kamehameha
schools in honor of his birthday.
Mr.. Bishop has done a great deal for
the different educational institutions
in this city and is highly esteemed by
all who know of his work in the ISL
ands.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-01-25
CITIZEN LABOR
LAW ENDANGERED

Governor Carter thinks that it would
be we'll for the citizens to go slow in
the matter of trying to shut out for
eigners from engaging in the fiquor
business in this territory. In fact the
Governor today uttered what may be
regarded as warning. During the
course of his remarks he took occasion
to refer to the fact that the citizen
labor clause Of tho Hawaiian laws
might be put out Of commission
through orders from Washington.
Il am not in favor" said the Gov
ernor this morning, "of the PROPOSE
tion to restrict the liquor licenses to
citizens. 1 have always been against
it but l can not say whether I would
veto any liquor bill that might carry
such a provision. There might be
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-01-25
INTERESTING DECISION

An interesting decision I'm a habeas
corpus case was given by L. s. Judge
Dole this afternoon. The case was
that of a Japanese named Chiyomatsu
NaSashima, who had applied for re-
lease from the custody of the immigra-
ton authorities, on a writ of habeas
corpus,
The petitioner was travelling from
Japan to his home in America last
year and desired to stop off at this
port to visit some relatives. He was
denied a landing and ordered deported
on the ground that he was an alien af-
flicted with trachoma.
His deportation was ordered under
the immigration act of 1908 The de-
cision holds, in effect, that the act re-
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-01-25
WITNESS DUMB
AND DOORS CLOSED
POLICE COURT ROOM CLEARED
IN vAIN-COMPLAINANT RE-
FUSES TO TELL HER STORY.

Prosecuting Attorney Frank Andrade
used his most persuasive eloquence in
police court this forenoon, behind clos
ed doors, to draw from thirteen-year-
old Martha Torres the facts relative to
her charge of criminality against John
Figueredo but the young negress re-
fused to specify, although she mad
previously detailed her story to Chief
Of Detectives Taylor.
Judge Whitney put the matter over
until Wednesday next. Judge Stanley
represents the young man.
The court room was cleared when the
complaining witness first refused to
testify in regard to actualities, but she
gained no courage through this
thoughtful action of the court.