davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1908-07-07
DID YOU EVER
HERE LINK. TALK
JUST THIS WAY I?
Honolulu, July 8, 1908.

Honolulu, July D, lSoo.
Editor Advertiser: In your issue of
today, you connect my name with
the inception of proceedings to oust DR..
Cofer from the office of president of
the Board of Health, to which l desire
to enter a fiat denial. 1 have had moth
ing to do with this matter, my first
information of the same being had from
casual conversation with Judge
Humphreys in presence of Mr.. Ed. Ing
ham when he informed us of the action
taken and that his letter to Attorney
General Hemenway would appear in the
Star of that afternoon, June 30th, 1908.
While the above are facts as to my
conversation about this particular mat
ter, feel free to say that / believe the
principle involved is one that it would
be well for this Territory to adopt to
the limit possible. The more distinct
the Territorial government is kept from
the Federal-so far as combining like
Offices under one head-the sooner we
are likely to obtain statehood. Every
step in the other direction is virtual
admission of impotence in the conduct
of our local affairs and by implication
of unftness for self government.
And in conclusion may say that in
my opinion Judge Humphreys and those
he represents deserve commendation
rather than censure for having raised
the question as to DIR. Cofer s eligibility
TO hold n Territorial Office, indeed our
own Supreme Court has declared in a
recent case, that "the disposition of
public funds is no moot or abstract
question, but vitally concerns every
taxpayer. We trust that the time will
never come in Hawaii when taxpayers
shall not care to seek by appropriate
proceedings in court to avert unlawful
use of public money in connection with
an unconstitutional statute.''
Secretary Root in a recent address
before the senior class at Yale college
said;. "There is one general characte ter.
istic of our system of government
which is essential and which is the spe,
cial duty of lawyers to guard with care
that is, the observance of limitations
of official power. There is constant
tendency to ignore such limitations and
condone the transgression of them by
public officers, provided the thing is
done with good motives from desire
to serve the public. Such process, il
general, is most injurious. If continued
long enough it results in an attitude OF
personal superiority on the part OF
great officers which is inconsistent with
our institutions, destruction of re
sponsibility and Independent judgment
on the part of lower officers, and {
neglect of the habit of asserting lega
rights on the part of the people,"
Very respectfully,
l.. l.. NJ CANDLES.
The Hawaiian gazette., 1908-07-07
NO TAR|ES MUST
FOLLOW THE LAW

Notaries public, or some of them, are
to get good prodding up. They don It
put enough into their certificates uf
acknowledgment.
The matter has come up on 4 re-
quest from Registrar of Conveyapces
Merriam to Attorney General Hemen-
way as to his right to refuse an in
strument for record where the GER
tificate of acknowledgment does not
in every particular comply with the
law.
The question has arisen mostly in
cases where the notary was not prior
to the time of taking the acknowledge
ment acquainted with the person max
ing the acknowledgment. The fire.
quent practice in such cases Is for
some one, usually some person intee-
ested in the trasaction, to say tn the
notary that the person is so lld so,
and thereupon the notary certifes that
$50 and so personally known ro me,
etc. But the law directs differ
ent procedure in such cases. 1t provides
n form of certifcation wherein the
notary certifies that the person max
ing the acknowledgment was satis-
factorily proved to him to be the per-
son described, by the oath of credible
witness duly sworn for that purpose,
the name of the witness being given
in, each case. ..-----...---.-.,-4---.-.
There has been carelessness of late
in complying with this statute and
the Registrar wants to know about it.
The Attorney General has rendered
an opinion that the law must in all
cases be complied with and that the
Registrar is not required to receive
deeds for record where the certificate
of acknowledgment does not comply
fully with the law.
AS notaries public are appointed by
the Attorney General and are removable
by him, there is a very summary way
of enforcing this requirement of com
pliance with the law.
The Hawaiian gazette., 1908-07-07
MARKS GUILTY,
MERCY ASKED
cFrom saturdays Advertlser.>


After being out almost twenty-six
hours, the jury in the John Marks case
brought in a verdict about 5 o clock
yesterday finding the defendant guilty
bat strongly recommending him to the
mercy of the court.
Marks was indicted for stealing cat
tie from the Dowsett ranch. Originally
Marks turned state g evidence, and on
his evidence William Holt was indicted.
But on the trial Holt was acquitted,
Marks testifying in his behalf. Be-
cause of the discrepancy between his
testimony before the grand jury and on
the trial, Marks was indicted for per-
jury as well as for cattle stealing. The
perjury trial led to an appeal to the
United States court by way OF habeas
corpus and other proceedings.
The cattle stealing trial began Mon.
day. 1t went to the jury just before
clock Thursday afternoon. The jury
were out all night, spending the night
at the Young Hotel. At nine o clock
yesterday morning Judge Robinson
called the jury in and asked them il
there was any prospect of agreeing.
The foreman replied that he thought
there was and they were sent out to
try. At five o clock they brought in
the following verdict:
"We, the jury in the above.entitled
cause, find the defendant guilty as
charged, but with such surrounding ex-
tenuating circumstances as to cause us
to strongly recommend him to the mer-
cy of, the court.
CRANK GODFREY, Foreman. +"
The jury is said to have stood most
Of the time eight to four or nine to
three in favor of conviction. Finally
the minority yielded and all joined in
n recommendation for leniency. The
following are the names of the jurors:
Robert Bemrose, Thomas w. Carroll,
John ]. Egan, Frank Godfrey, Alfred
r. Hatfield, Charles ]. Ludwigsen, j.
NJ. McChesney, David F. Motley, Jacob
0rdenstein, Charles p. Osborne, John
Padaken Jr, John ]. Sullivan.
The Hawaiian gazette., 1908-07-07
VIA KAHuKu.

Expert Isbell, the wireless expert,
was in communication with Wilson, the
chief electrician of the st. Louis, on
Thursday evening. The st. Louis was
then $40 miles from Kahuku. The
message from the st. Louis, as trans
mitted by mail to Honolulu, was az
follows: "This is the st. Louis. We
are nine hundred and forty miles
northeast of your Kahuku station and
we expect to reach San Francisco on
Monday next, in the evening. The
weather is fine and the sea as smooth
as we have ever seen it. The climate
out here is much different from the eli
mate we had in Honolulu. If you can
hear me talking to y6u, then you are
a star at receiving. Hease accept the
compliments of the st. Louis and give
our love to all the dear people of Oahu.
Hope everybody on the island is well.
| will call you again tomorrow night.
So long and alohai"
If lsbell got the message promised
last night at the usual time, he has
received further than he did when he
got the st. Louis on the trip down,
some 100 miles from port. The
cruiser is making 800 knots a day, SO
last night at eight O'Clock should have
been 1910 knots from Kahuku.
With the Hilonian on her way from
San Francisco and the st. Louis en-
route to San Francisco, if the wireless
station were more equipped for send
ing, good test of sending by relay
could be had. Doubtless the Glacier
and st. Louis were both in commune
cation with Kahuku last evening, il
the Glacier people are aware of the
power of the local station.
The Hawaiian gazette., 1908-07-07
DOLE DECIDES
MANCHUR|A CASE

Judge Dole yesterday decided the
salvage suit of the cableship Restorer
against the Pacific Mail steamship
Manchuria, which went ashore on Wal
manalo reef August 20, 1906.
The Restorer claimed salvage of
100000 on the theory that she was
the principal agency in saving the Man
churia ard that the value of the latter
was million and a quarter or more.
Judge Dole allows salvage of $751;
2l9.53, of which $4,000 is awarded as
salvage proper and the remainder as
expenditures made on account of the
work in which she was engaged.
Judge Dole finds that the chief
agency in salving the Manchuria were
her own winches acting or heavy an
chors placed in position about the ves-
sci. The Restorer, he finds, was use
full in steadying the Manchuria, and
saving her from greater injuries than
she suffered, and in towing her after
she was foated. Judge Dole also found
that in working she was in position
of danger, and therefore entitled to
salvage.
The decision discusses at length the
evidence and finds against Captain
Metcalf's theory that the Restorer' 's
services could have been dispensed
with without danger.
Both sides noted exceptions on ap-
peal from the decision. The Restorer
was represented by b. j.. Marx of Kin
ney & Marx, and the Pacific Mail Com
pany by Holmes g. Stanley.
The Hawaiian gazette., 1908-07-07
PRINCE DAVID
KAWANANAKOA'S
WILL IS FILED
(From saturday,s Advertlser.l

The will of the late Prince David
Kawananakoa was filed for probate in
the Circuit Court yesterday afternoon.
The petition for probate is made by
John f. Colburn, who is named in the
will as executor of the will and trus.
tee of the estate. The petition sets
forth that the estate consists of an
equitable interest in real estate of the
value of about $4,000 and of personal
property consisting principally of
stocks in corporations and other securi-
ties and personal and household be-
longings, and ornaments valued at
about 100000.
The will was executed February 8,
1908, the same day and Immediately
following the adoption of his little
daughter Kapiolani by her grandmother
Mrs. Campbell Parker.
The will begins by statement that
1t is the last will and testament of the
testator and revokes all other wills at
anytime previously made. 1t recites
that he is married and has three chill
dren giving the names and ages OF
them, Abigail Kapiolani, aged five
years; David Kalakaua, aged three and
half years, and Helen Liliuokalani,
aged two and half years.
The adoption of his daughter Kapio,
lani by her grandmother is then recited,
and it is stated that as under the laws
of Hawaii she will inherit from her
grandmother as though she were her
grandmother s own child, and as she is
certain of generous nurture, and ample
provision from her grandmother, no
provision is made for her in the will.
The testator then gives, devises, and
bequeaths all his "feather leis, kahilis,
ahuulas, decorations and orders of dis
tinction,' to his son David Kalakaua
and his heirs forever, though during
the child s minority the care and Gus
tody of these is to be in the hands of
the trustee of the estate.
The next paragraph disposes of the
entire remainder of the estate and is
as follows
The Hawaiian gazette., 1908-07-07

81 give, devise and bequeath to John
F. Colburn, Of said Honolulu, my trust.
ed friend and adviser, all and singular
the rest, residue, and remainder of my
estate, of whatsoever kind and charac.
ter and wheresoever situated
in trust for and during the natural
life of my said wife and at and upon
her death | give, devise, and bequeath
the remainder thereof and therein to
my said children other than said Ka-
piolani and such and all other of my
children as shall be in esse at the time
of my decease, and to their respective
heirs, administrators and assigns in
equal undivided parts and portions"
The will then provides that the
widow, if she accepts this provision for
her, accepts it in lieu of dover. But
If she does not so accept it but takes
her dover, then the trustee shall pay
the net income of the estate in equal
shares to the guardians of the children,
respectively, during their minority, and
after they attain their majority, to
themselves direct.
The executor of the will and the
trustee of the estate is given ample
powers in regard to the estate, to col
lect, and sell, and reinvest, as prudent
trustee should, within the directions of
the will. He is not to be required to
give bonds larger than will amply cover
the estimated gross annual income. If
he shall at any time decline to act, or
become incapacitated from acting, or
be removed by the final order of court,
his successor or SUCCESSORS are to be
appointed by the nomination of ma
iority of the Justices of the Supreme
Court of Hawaii. These successors are
to have similar powers, but are to give
whatever bond shall be required by the
court.
The will is typewritten and bound
with Royal Purple ribbon. Its execu-
ton is witnessed by DR.. F. Howard
Humphris, G. w. Ashford and Morris
X. Keohokalole.
The Hawaiian gazette., 1908-07-07
HoNoKAA TRUST DEED.

The trust deed to secure the new issue
of 100000 of Honokaa Sugar Company
bonds has been filed with Registrar
Merriam. The bonds are to bear six
per cent and are to be in denominations
of $1,000 each and are due in twenty
five years, They may be redeemed after
ten years. The Bishop Trust Company
is the trustee. The property conveyed
is very carefully described. The bonds
have just been listed on the Stock Elk
change and will be called for the frs
time on Monday.
The Hawaiian gazette., 1908-07-07
FOUNDED IN HONOUR.

No doubt you have seen in the
papers such announcements as
this concerning some medicine or
other: elf. on trial, you write
chat this medicine has done you
no good we will refund your
money."-Now, we have never
had reason to speak in that way
concerning the remedy named in
this article. In trade extern
ding throughout the world, no.
body has aver complained that
our medicine has Iailed, or asked
for the return Of his money. The
public never grumbles at hon
estly and skillfully made bread,
or at a medicine which really
and actually does what it was
made to do. The foundations Of
WAMPoLE'S PREPARATION
are laid in sincerity and honour,
the knowledge of which on the
part o. the people explains its
popularity and success. There is
nothing to disguise or conceal.
It was not dreamed out, or dis.
covered by accident; it was stu-
died out, on the solid principles
of applied medical science. 1t is
palatable as honey and contains
all the nutritive and curative
properties of Pure Cod Liver
Oil, extracted by us from fresh
cod livers, combined with the
Compound Syrup of Hypophos-
phites and the Extracts of Malt
and Wild Cherry. This remedy
is praised by all who hare en-
ployed 1t in any Of the diseases
1t is recommended to relieve and
cure, and is effective from the
first dose. In Anenlia, Scrofula,
Nervous and General Debility.
Influenza, La Grippe, and Throat
and Lung Troubles, it is & spe.
cific. DR.. Thos. Hunt Stucky
says: "The continued use of it
N my practice, convinces me
that it il the most palatable,
least nauseating, and best prep
Aration now on the Market"
You can take it with the assur-
S.<ce of getting well. One bottle
proves its intrinsic value = Yo1
cannot ,be disappointed in it."
sold by sn chemists everywhere
The Hawaiian gazette., 1908-07-07
HENRY LANCASTER
CONFESsEs CRIME

Henry Lancaster has made full con.
fession regarding the attempt at arson
made by him on Wednesday morning of
a Kukui street tenement. He had been
arrested in connection with the crime
and booked for investigation, having
been held since Wednesday night. He
has until yesterday steadily denied any
connection with the oil-soaked rags
found in the building, although he was
identified by Chinese woman as a
man she had seen around the building
the morning of the attempt.
Yesterday he sent for Chief Taylor
and made statement He stated that
he had wanted to get even with the
Chinese owner of the building because
he had not been allowed to remove a
partition he had built in one of the
rooms during the time he lived there.
This desire to get even, heightened
through the generous use of dago red,
led him to the place on Wednesday
morning. There he soaked gunny sack
and some papers in kerosene, tossed the
bundle in the kitchen window, set fire
to newspaper and tossed that in on
the kerosene rags. Then he ran away.
Later he came back to fnd out why
his scheme had failed.
He exonerates all the other members
of his family of any connection with
the crime.
The Hawaiian gazette., 1908-07-07
VOTERS WANT VOTING
PLACES NEARER

Governor Frear has under considera-
tion petition from voters of the first
precinct of the fifth district asking that
the precinct be divided and that there
be one polling place at Heeia and an
other at Waikane. 1t acclaimed that as
the precinct now exists some voters
have to go miles to their voting place.
He also has a similar petition from
the voters of Makawao and Kapakalua.
1t is desired that new precinct be
arranged so that voters will not have so
far to go. As it is some voters have
to go miles to Hamakuapoko and Others
miles to Kula.
The Hawaiian gazette., 1908-07-07
EXPECTS EVERY MAN
TO Do HIS DUTY

Today the starting gun in the second
transpaeific yacht race will boom at
San Pedro and the contesting yachts
will spread their sails for Honolulu. In
anticipation of the start and as word
of encouragement to the crew of the
Hawaii, Governor Frear sent the fol.
lowing message to Captain Harris yes.
terday.
"To Harris, Yacht Hawaii, San Pedro
California.
"The people of Hawaii have coufi
dence that every man will prove him
self worthy of the important trust com
mitted to him. Good luck to you all.
GOVERNOR FREAR,"
The Hawaiian gazette., 1908-07-07

happened was that while towing the
st. Louis the TOW line carried away
and in getting it on board again it got
foul of the propeller. The Iroquois was
promptly anchored and a line run to the
channel wharf by the st. Louis steam
launch, which was close at hand at the
time and did not have to be gotten out
from the cruiser as stated by the Bul.
letin. The Iroquois was worked along,
side the channel wharf with her own
resources and the propeller cleared She
then returned to the Naval dock.
"Shortly before noon today re-
porter from the Bulletin appeared at
the Naval Station. Heretofore he has
usually come to my Office for news. He
| carefully avoided my office today and
in leaving sneaked out the backway. l
observed him and called him back.
then asked him if he had written tho
article which appeared in the Bulletin
on Monday to the effect that the lro.
quois had run aground. He stated that
he had written the article but that he
had got the facts from other sources.
| asked for the source of his informa.
tion and he declined to give it.
"I then asked if he considered the
source of his information reliable and
he stated that he did. / then informed
him that the statement to tho effect
that the Iroquois had run aground or
on the reef or mud flats was absolutely
without foundation, and / asked him
what he based the statement on that
the Iroquois was in the mud.
"In a supercilious way, he told me,
that he saw her out there but that he
was not a diver and did not 60 down
to see whether she was in the mud or
not. then told him again that the
lroquois had not been aground at any
time that day and that the statement
that she was in the mud was untrue,
and demanded retraction. He replied
that it was very hard for paper to
say that former statement which had
been published was not true, but that
he was willing to take any statement
that / wished to give,
"I told him then that inasmuch as
he was responsible for the original
statement to the effect that the Iro.
quois had run aground, which state.
ment was not true, / considered it his
duty to do the honorable thing and
make the correction. This he de
cliped to do.
81 then told him that any person
who would make statement which h,
afterwards found to be untrue, and die
not retraet it, was guilty of lying, ant
the only way / could characterize sucl
a person was that he was a liar.
''He did not attempt to resent thi
, when | repeated it. What happened
afterwards Mr.. Moore can tell yol
probably as well as /.
"Mr. harrington came down later il
the day to call on Captain Rees. Late
, | was called in to be present at tn.
interview. The editorial statement il
today's Bulletin that / have not beel
misrepresented does not agree will
facts printed in the Bulletin tho 2sStl
or similar article two years ago. Mr.
Harrington admitted today that he ha,
reprimanded the reporter who hat
written a seurrilous article about m,
two years ago for the spirit shown il
The Hawaiian gazette., 1908-07-07
ADMIRAL EVANS SISTER
COMING ON KOREA

Mrs. A. C. Kellogg, widow of the
late Commander Kellogg of the navy,
and sister of Rear'Admiral Robley d.
Evans, who has been visiting in Manila,
is expected to pass through Honolulu
this week on the Korea.
The Hawaiian gazette., 1908-07-07
A GOOD SUGGESTION.

Carry a bottle OF Chamberlain's
Collie. Cholera and Disrrhoea Remedy
in your hand luggage when travelling,
II can not be obtained on board the
protected against attacks Of diarrhoea,
which change of water and diet so
often bring on. For sale by Benson.
Smith & Co, Ltd. agents for H. I.
The Hawaiian gazette., 1908-07-07
CAPTAIN HUMPHREYS FLYING
TRIP.

Quartermaster Captain Humphrey
was compelled to make a flying trip
from the other side of the island yes.
terday to see to the transport Sheridan
which arrived on time and was not ex-
peeted tin Monday.
The Hawaiian gazette., 1908-07-07

the article, but he has never made
reparation, nor has he today, after the
true facts were given him.
From the fact that both parties to the
assault are well known, the affair is at
tracing great deal of attention
throughout the city.
The Hawaiian gazette., 1908-07-07
DOGS PROVIDED
FOR BY WILL

Not all dogs are left to the tender
mercies of the dog pound and Apana.
By a will filed yesterday in the circuit
court provision is made for two dogs
to be fed for the rest of their natural
lives.
The will of the late s. w. Keawea-
mahi was filed yesterday for probate by
David Nahoolewa. The will is written
in Hawaiian and after describing the
property of the testator which consists
principally of land on Emma street and
some personal property, the testator
proceeds to devise it in part to his
cousin and the remainder to his brother
on condition that he take care of and
feed his two dogs.
Keaweamahi was seventy-two years
old when he died and was well and
widely known. At one time he was
policeman. He died June 2S.
CHILD ADOPTED.
Lee See, Chinese woman, yesterday
adopted Lee Chong 'Yai, the FIVE year
old son of Lee Hoy. The adoption pro-
ceedings were before Judge Lindsay.
The child's mother is dead. The foster
mother is a widow.
The Hawaiian gazette., 1908-07-07

The yacht Gladys, with Tommie
King, Ollie sorenson and Leslie Scott,
left for Molokai last evening, to be
gone over the Fourth, on n fishing ex.
pedition,
The Hawaiian gazette., 1908-07-07

A Pittsburg young woman frighten-
ed burglars out of her house by setting
off fire-erackers. 1t might be said she
"handed them a bunch"
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-10-27
Chrysanthemum Show.

As announced in last issue the la
dies Of Aveleigh Presbyterian church
will hold their annual chrysanthe-
mum show on next Friday in the
store room recently occupied by
Messrs. Murray and Golden. In addi-
tion to the beautiful display of chry-
santhemums, roses, and other flowers
that will be on display, the ladies
will also serve lunch during the day.
Delicious refreshments can be had
there and it will doubtless be a most
pleasant occasion. and all lovers Of
flowers should not miss the cppor-
tunity of seeing the large, beautiful,
and rare collection of these "Queen
Of the Fall' flowers which will be
seen.