The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-07-02

keeping, algebra and geometry.
Observation-Disclosures
4 claim for a hquidated sum o
money, arising as an alternative from
the refusal OF a third party TO eonve.
land upon condition broken, is not as
signed by previous conveyance o
al lands in or TO which the granto
has any claim or demand.
OPINION OF THE COURT BY
BALLoJ. ].
TIE plaintiffs brought an actor
inst the Territory under r. l. Sec
to recover the sum OF $4,000. al.
ng Il breach by the Territory of ar
cement made in 1s49 between the
gdom of Hawaii and the American
Erd OF Commissioners for Foreign
lions. .he petitioners claiming to be
5cceszors OF the board; the agreement
efrect being that in consideration
1At the American Board would re-
nquish TO the government its claim
certain land at Lahainalana and
anAfer to the government the semi
kry buildings, furniture, books and
pparatus therein, the government
ould continue the seminary at its ex-
else rs an institution for the cultiva-
On OF sound literature and solid
Hence and would not teach or allow
be taught any religious tenet or doc
line contrary to those heretofore in
heated by the mission and expressed
the confession OF faith, a copy of
fh1ch Is attached TO the petition: that
case of nonfuifilment of the condi-
Ions of the transfer. the property
hDuld revert to the Hawaiian Mission.
- be held In behalf of the American
Board or the government should at its
option pay the sum of $4,000.
This breach OF this agreement alleged
thef since 1908 the Territory has
changed the sustitution TO ah aAllsuf-
tural school and taught no religious
doctrine whatsoever. nor sound Iitera-
kurc. nor solid science.
The defendants demurrer to the petit
1ion. based on several grounds. was
Isustained On the ground that no con-
|dftion was made which required the
|kovernment to give religious instruc-
Etion. but merely that no religious tenet
Tor doctrine contrary to those thereto
Gore inculcated by the mission as set
forth In a certain confession of faith
|4hould be taught; and that the agree
|1nent to teach sound literature and
solid science was not broken by a fall
|e1re to teach those branches OF learn
Ing otherwise than they would be re-
|quired to be taught in a technical
school and a school of agriculture.
LOwrey v. Territory, IL Haw. 225.
Upon appeal to the United States
|Supreme Court the judgment on the
demurrer was reversed on the ground
that In slew of the circumstances and
conditions which preceded the contract
and the construction placed upon II
by both parties. as set forth in the petit.
|tion. the agreement required the CIV
|1ng OF religious instruction upon the
Zines formerly pursued by the mission
'and subsequently by the government"
H4owrey v. Hawaii, 206 q. S. 2oe. 223.
{The cause. having been remanded with
directions to proceed in conformity
with the opinion. has been heard upon
large amount of documentary and
pther evidence The court has also
referred to proceedings of public ma
lure OF which 1t would ordinarily take
Judicial notice. and to documents from
sthe public archives when specifically
referred to in the exhibits on file.
The inst sption at Lahainaluna. origi-
pally Gallo Athe High school and aft
frwards the Missionary Seminary. was
FUNDED by %ae missionaries OF the
aerican Board in 1891 From that
te until 1919 1t was the most notable
the educational institutions founded
the missionaries who. with all their
Intense theological convictions. still
devoted the greater part of their lives
the secular education of an entire
ation. The early years of the school
we're. however. marked with many
icissitudes. Cheever, Sandwich Is
lands col. Plaintiffs Elk 81. The ac-
counts of the seminary from missionary
Fources are usually laudatory while
hose of independent observers are far
Jess f1attering. Commodore Wilkes.
who visited the seminary in 1S41. and
who IS regarded as an unprecedented
observer from the missionary stand
.point tCheever. Sandwich Islands Sol.
!Psaintiffs' Ex. 21), reports:
In all the departments of this es-
Establishment [ saw nothing but i'll d.
sFected means and waste of funds
Ezhat might have been avoided by prop
Ter forecast. and fun examination of
1.-The subject by practical men. The
school has passed its meridian and is
row fast going to decay. fact which
Unjust strike every one on a casual
Syisit." Wilkes. United states Ex>
+ploring Expedition. PAT.
Whatever NAV have been the hopes
! of the founders of the seminary the
internal testimony of subsequent years
Sshows that the above criticism was well
founded In 1s4S the principals report
personffies the seminary as follows:
Enough she tries to keep up an ap-
neaxance of her former greatness and
Gems sensibFV of the fact that she is
less admired than formerly vet she
lands at her post and is contented to
q good in a more humble way than
the friends and lovers of her
ktood BY and praised her." Re-