davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-07
SUPREME COURT AFFIRMS.
tCOntinued rom page three.

be deprived of his option of either
Of the three remedies named. In
other words, in such cases the right
of option is given to the injured
party, and not to the party in the
wrong. Roehm v Horst. 17S U. S.
Rep, 1.
A severable contract may be sew
cred for the purpose of enforcing
rights as they accrue. Norrington v.
Wright, 12 Am. L. Reg, 395, 997.
"A contract to do several things at
different times is divisible in its ma
ture, and an action will lie upon each
default. But when a party
has distinct demands or existing
causes of action growing out of the
same contract or resting in matter Of
account, which may be Joined and
sued for in the same action, they
must be Joined; they constitute an
entire cause of action or demand;
and If they be split up and a suit be
brought for a part only, and subse-
quently second suit for the residue,
the first action if determined on the
merits will be a bar. This is not to
be carried so far as to bar an action
on the contract because Judgment has
been obtained against the party who
failed to perform for a tort resulting
from the breach. But 1t is
entire claims only which cannot be
divided within this. rule; those which
are single and indivisible in their ma
ture. The cause Of action in the diff
ferent suits must be the same. The
rule does not prevent, nor is there
any principle which precludes, the
prosecution of several actions upon
distinct causes of action.
Perhaps as simple and safe a test as
the subject admits of by which to
determine whether the case belongs
to one class or the other is by in
quiring whether it rests upon one or
several acts or agreements. In the
case Of torts each trespass, CONVEX
sion or fraud gives cause of action,
and but single one; in respect to
contracts, express or implied, each
affords one and only one cause of ac-
ton. The case Of contract contain
ing several stipulations to be per-
formed at different times is no ex-
ception; although an action may be
maintained upon each stipulation as
it is broken before the time for the
performance of the others the ground
of action is the stipulation which is
in the nature of several contract"
Sutherland on Damages I'D ed.),
Sec 110.
Quoting from noteworthy cases of
this state on this feature, Justice
in Southwell V. Beezley, 5
Or, 45S, ruled that; "The question
contract is entire or separ-
able, is often Of great Importance.
Any contract may consist of many
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-07
One Conductor Helped Back to Work

One Conductor Helped Back to Work
Mr.. Wilford Adams is his name, and
he writes: 81 was confined to my
bed with chronic rheumatism and
used two bottles of Foley's Kidney
Remedy with good effect The third
bottle put me on my feet and re-
sumed work as conductor on the Lex
ington, Ky, street railway. 1t will
do all you claim in cases of rheuma-
tism." Foley's Kidney Remedy al
lays rheumatism by eliminating the
uric acid from the blood. Specially
recommended for elderly people.
Red Cross Pharmacy, H. Jerman.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-07
Wants Bids for oBnds.

The city of Wilsmina IS calling o.,
bids on $4,000 10 and 2O.year rU' OD'
tional per cent bonds, bearing date.
of March 1, 1910, interest pavohIs
semi-annually. Bid. to he onenaS
April 10, 1911. For further infor
nation write F. e. sherwin. citv >.
corder. F. E. sUEPwn,
Recorder for City Willamipa
3-7-1mo
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-07

Prompt relief in all cases of throat
and lung trouble if you use Chamber
lain's Cough Remedy. Pleasant to
take, soothing and healing in effect.
Sold by all dealers.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-07

If your prospective father-in-law
is enthusiastic over gold mines don't
try to convince him that orange
groves are a better investment.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-07

The winner knows a live official is
better than a dead candidate
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
WHARVES To BE
CALLED PIERS

Pier No, /" will be the name of the
new wharf, Waikiki of the Alakea
street wharf. In a short time all the
wharves along the waterfront will be
numbered and known as piers and
bulkheads superintendent of Public
Works Campbell said this morning
that having the wharyes numbered
would simplify matters for strangers
in the city, and also for many old res
idents who cannot remember where
any particular wharf is.
Pier No / is to be paved with ohia
blocks. The wood comes from the
Pahoa lumber mill on Hawaii, and the
size of the blocks is three inches ~
eight inches by four inches. The
wood is identical with the timber
used in Australia for street paving
purposes, and it wears for years
Marston Campbell expressed himself
as very much pleased with the re
suits obtained from ohia blocks in
other parts of the city.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
POWERFUL SEARCH
LIGHTS ARRIVE

BY the Lurline, arriving Yesterday
came five very powerful searchlightsI
Tor the Notifications at Diamond Head
and Pearl Harbor. Two exactly sim
liar to these have already been in
stalled and placed in operation, one
at Kapikipikio Point and the other at
Diamond Head. Three of the new
ones will be placed at Fort Kameha-
meha and the other two are for Dia-
mond Head
These lights weigh three tons each
and have lenses sixty inches in diam
eter. Major Wooten, United States
engineer, states that they have an
effective range of from seven to eight
miles under favorable weather condi-
tons; that is, objects can be picked
up by them at that distance Their
visibility will depend upon their ele-
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
HUNG JURY IN
LIQUOR TRIAL

All this forenoon, and till after one
o'clock this afternoon, in Judge Coop
er's court, the case of Lum Tai, stew
ard on the Inter-Island steamer w. G
Hall, charged with illicit selling of
liquor in the city of Honolulu, was
strongly fought before jury. The
case was given to the jury about
1890 o'clock, and after three-quar-
tiers of an hour it reported to the
court that it was hopelessly divided.
Judge Cooper accordingly dismissed
the jury, and the case is set for re-
trial Friday, October 81.
The case is one when was worked
up by License Inspector Fenneli,
through the aid of spies 1t was tried
in the district court, where the de-
PENDANT was found guilty and fined
500, but the case was appealed. F.,
c. Peters was attorney for the defend,
ant, A. M. Brown being the prescott
ing attorney,
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
AUCTION LAND
At BISHOP AND
UNION STREETS

Governor Frear, Attorney General
Lindsay, superintendent of Public
Works Marston Campbell, Land Com
missioner Judd, f. e. Steere and Rob
ert Single were closeted in the chief
executives office this morning for
some hours. The Bishop street mat
ter was under discussion and, finally,
it was decided that the legal way was
the only one to follow and any private
arrangement could not go.
Appraisements had been made of
the value of the land in question and
SIS per square foot was the amount
set If agreeable all around-and in
dications point that way-the corner
piece of land will be put UP to public
auction, with the upset price fixed at
the amount stated, viz, So per square
foot
There will be a meeting of the Land
Board tomorrow afternoon to act on
the matter, and there is no doubt that
the proposed procedure will be APP
proved.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
Honolulu Library'S Last
Year the Best Ever

At the recent annual meeting Of the
Honolulu Library and Reading Room
Association, the fact was developed
that this time-honored institution,
when it becomes merged with the
Library of Hawaii, will bring into the
larger establishment more value of
assets than the 100000 building pre-
scented by Mr.. Carnegie.
In this its last year Of separate eX-
istence the library and reading room,
as shown by the reports Of the libra
rian, the treasurer, the auditor and
the administration and literary com
mittee have enjoyed the most flour
ishing conditions ever obtaining IN
the thirty years or so of the life Of
the institution.
President M. M. Scott, in reviewing
the work of the year, considered it
more gratifying that in this last year
before the amalgamation of the asso-
citation with the new library of Ha-
wall, this institution should have
reached the high water mark in mem
borship and influence, nd been placed
financially in a condition to contribute
more largely than ever before to eX-
tension of library interests. A COM
parative statement of values of the
respective properties showed that the
old library was giving more than it
was receiving in the amalgamation,
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19

81 never so fully appreciated the
Importance of keeping Hawaii above
suspicion as regards health conditions
as l have during the past three
months" declared John Guild IF
Alexander & Baldwin, who has just
returned with his family after spend
ing an extended vacation on the main
land, principally in Southern Califor-
mia. "The Promotion Committee has
done a wonderful work in advertising
the islands, and l found evidences Of
it everywhere l went, and tremend-
Gus amount of interest in the Terri
tory, but almost everybody | talked
to Immediately began to ask about
the cholera and the plague which they
had heard about. 1t was all easy
enough to assure them that the cpl
denies amounted to little, that no
haoles had suffered from them, and
only few of any nationality, but the
impression was there that we nave
an unhealthful place here, and that
impression will last a good deal
longer than the good impressions"
Mr.. Guild believes that the tourist
business is to be a great asset to Ha-
wall, but that we cannot afford to
take any chances in having repetitions
of the epidemics which we have had
in the past. He was much interested
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19

President Of the Board of Health
Pratt, Secretary Of the Territory
MottSmith and Or. shepherd may not
return to Honolulu in the Mauna Loa
a week from tomorrow A letter was
received from Dr. Pratt yesterday
and in it he asked that arrangements
to ship his automobile be made. There
was some hitch about the matter, and
il has been decided that the party
catch the Mauna Kea and arrive back
i'm town a week from Saturday,
a3SSS@SE=%=NE=SsE4SSSESR
The various other cases foud by the
grand jury, as reported in yesterdays
Star, went over It'll another da;e for
plea.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
GOLD FROM HERE
FOR THE REBELS

Chinese laboring men in Honolulu
have raised $500 gold to remit to China
in aid of the revolution
Chinese working women have con
tributed $45 gold to a separate revolu-
tionary fund of their own.
The Liberty News today received
a letter from a Chinese resident of
Waianae, urging every member of the
revolutionary association to contribute
help to the army of the revolution
Although ! am seventy-fiye years
Old the Waianae patriot writes, my
mind is not weak.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
The Librarians Report.

Following is the report of the libra
rian for the year ending September
80, 1911:
To the Board of Trustees of the Ho-
nolulu Library and Reading Room
Association.
Gentlemen: The year, begun under
conditions that seemed somewhat I'M
favorable, has been in many ways the
most satisfactory since my connection
with the library. That it should not
lose in patronage or efficiency of work
by reason of the restricted quarters
was earnestly hoped, but a marked
advance seems hardly possible. Hence
to find the years work surprising that
of any previous year is occasion for
congratulation.
The daily distribution of books fore
IDLY presents this gain in the most
convincing manner The total circu-
lation, 32,25G volumes, is a gain of
G724, or 20 per cent, over last year
and So per cent over 1907. An in
crease of 20 per cent in the reading
room attendance and SO per cent in
student reference is even more graft
flying, since the usefulness of a libra
ny is measured only in small part by
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
NJ MAHON PLEADS

John Mcmahon, recently indicted
for the murder Of A. a. Cederlof at
Schoield Barracks, was arrignod IN
the United states Circuit Court this
afternoon. lie pleaded not guilty and
his trial was set for November H.
John Silva, indicted by the federal
grand jury for a violation of the Ed
muuds Act pleaded guilty before
Judge Clemens this afternoon and was
sentenced 10 one years Imprisonment.
Norman B. Smith, against whom six
indictments We're found for smuggling
opium, reserved plea till Saturday the
2Sth.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
SOME PROMOTION WRINKLES
FROM SOUTHERN CALIFORNIA

also in the way the great tourist bust.
ness of Southern California is hand
led, and he emphasizes the import
ance of making things pleasant for
the visitors after they get here.
"One thing that impressed me, ana
know that almost everyone else was
similarly impressed, was at the wharf
at Catalina Island said Mr.. Guild,
Here, as the boat approaches the
landing, the passengers are greeted
by huge sign reading, Welcome to
Catalina and as we came back down
the long street leading to the wharf
we read on the reverse of the same
sign, we are sorry you're going 1t
wasn't a very important thing, but it
was one of those details which make
an impression and which count,
Something of similar nature might
help make our own waterfront more
attractive than it is, and help to as
sure the visitor that he really is vel
tome. l think the idea of the Public
Service Association is a good one.
And we should do what we can to re-
move cause for the impression | dis
covered that Honolulu is a very ex-
pensive place to spend a vacation.
We have the things a tourist wants,
but he must be enabled to enjoy them
easily and without undue expense"
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
AGED NATIVE DIES.

David Makainai, aged seyenty-three
years, died at eleven o'clock this
morning from heart disease at his
home in Kalihi, after a short illness
He was a welI-lmown Hawaiian, and
was the father of Jesse Makainai, OF
the Kapiolani Estate The funeral
will he held tomorrow afternoon from
SiEa's undertaking parlors, Inter
ment in Kawaiahao cemetery.
could only get a few words with the
governor at late hour
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
He ENJOYS PEA.
PIPE DREAMS

Asked regarding the morning
papers report that he was going to
Washington to prosecute Delegate
Kuhio's charges against Governor
Frear, w. A. Kinney, the oracle Of
the Democracy, said:
Il have to open the paper regularly
to see what ! am going to do. / am
acquiring a keen appetite for the
practice.
81 don't care to say anything to
disturb the blissfuI pipe dreams of the
Advertiser.
Let it go at that"
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19

AS far as the proposition to settle
the Bishop and Union street matter by
private understanding went it was
found that the legal and practical diff
ferences were too great. If proceeded
with, much delay would be occasioned,
and the final result would be unsatis-
factory, the Governor said after the
conference.
The Attorney General has been in
structed to take the matter up and to
ascertain the best method of proceed
ure, and to institute proceedings that
will clear the way in case difficulties
arise.
In the appraisements of that por-
ton of the Brewer Estates land, and
of the triangular corner of Hotel
street which the Brewers want in or
der to square off their lot, the price of
IS per square foot was fixed
The purchaser of the lot, at public
auction, will have to waive right to
damages from the closing of Union
street.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
The Revolution Gaining
ASSOCIATED Press c abes to The Starr

ASSOCIATED Press Gables
SHANGHAI OCT. 19-REFUGEEs REPORT
YANGTsE VALLEY is IN THE HANDS OF THE REVoLUToNsTs
THERE WAS A SLAUGHTER YESTERDAY
WI CHANG, REGARDLESS OF AGE
1T is SAID EIGHT IMPERIAL WARsHIPs
HAVE HOIsTED THE REPUBLICAN
SAN FRANCISCO OCT 1eT is REPORTED THAT 100000
BEEN RAISED FOR THE REVoLUTIoNlsTs IN
SHANGHAI OCTOBER 49,
ING ALL THE YANGTsE VALLEY UNDER
kAI, WHO WAS DISMISSED FROM THE
is NOW REINsTATED.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
III MONUMENT
PROPOSED To. Be ERECTED
BY DAUGHTERS OF HAWAII

The Daughters of Hawaii met on
Tuesday morning with Mrs. l.. A.
Coney on Richards street. After =
report of the secretary, Mrs. Ellen A
Weaver, and the treasurer, Mrs. Az
thur Alexander, showing a good bal.
ance of cash on hand, several matters
were brought up which made the
meeting of more thar usual interest.
Several messages of sympathy to
Mrs. Emma Nakuina in her recent
double sorrow, the loss of husband
and daughter, were given. Feeling
tributes of respect which voiced the
sentiments of all present were rem
dered by Mrs. B. F. Dillingham; and
Miss Anna Paris
Rev. Mr.. Nakuina, as was remarked,
was gifted as are few Hawaiians and
possessed forceful and lovable quail
ties. His death is a loss to the com
munity.
Miss Paris proposed that the next
work undertaken by the society shall
be the placing of some fitting monu-
ment at the birthplace of Kamehame-
ha III, the most illustrious of all Ha-
walls kings. This spot is at Keau-
hou, on the Kona side of Hawaii, one
Of the stopping places of all steamers,
where the monument could easily be
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19

walton. 1t is stated that by the light
of the one now at Diamond Head
newspapers can be easily read at
Fort Shafter. If sufficiently elevated
their light can be seen from a dis
tance of one hundred miles or more.
Indeed, the curvature of the earth is
the only thing that would make them
invisible from much greater dis
lance
They are technically described as
175 ampere lights with a voltage Of
100 and a candle power Of at least
seventeen thousand five hundred
With the installation of these lights
the efficiency of the Notifications will
be greatly increased. It is expected
that they will all be installed and in
operation by the time the fleet ar
rives the latter part of November.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19

wall, as well as all the kamaanas
This spot is now enclosed in the
Bishop estate lands, but is admirably
adapted to a monument of some kind,
there being a huge rock on the place
The suggestion was favored by oil
present and a committee, consisting
of Miss Anna Paris, Miss Lucy Pea
body, Mrs. Frank Pratt and Mrs John
Ena, appointed to see wat sort OF
monument would be most suitable for
the place.
The society took up he matter of
the former home of Queen Emma
which is rapidly becoming known as
Nuuanu Park. The sentiment was
strong in favor of its being called
Emmalani-a name given, to Emma
after her accession to the throne,
LAM, meaning highest, would make
the name of the park really mean
Emma the Highest.
The secretary, Mrs. Ellen Weaver,
was asked to confer with MarstOn
Campbell on the subject Tho Daugh-
ters of Hawaii hope it will receive
this name in the near future.
Personal "reminiscences of Kane
hameha III occupied the rest Of the
meeting time. a good attendance and
busy morning were the Characters
tics of the meeting.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
BOGERT VERY
GOOD WAITER

Warrior Bogert was a caller on
Governor Frear this morning, but the
chief executive was too busy to IN
teryiew the man who wants to start
up military training schools.
Bogert was in the outer Office for
some time yesterday afternoon, but
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
Wilson May Leave Cabinet

WASHINGTON, Oct LIT rumOd that
Wilson will resign November
den of his charges Wiley
stan Secretary Hayes
Iater-secretary Wilson he intends resign.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
NO QUARTER
FOR MANCHUS
AT WI CHANG

cable
boats and tn fort which of hte
aged Marking and Kiankang
Shanghai
100000
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
Ely'S Fatal Fall

MACON Ga, Oct Ely the killed by
feet {
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
Eleven Jurynen Passed

LOS ANGELES, October ia No
Namara has been
Morning Gable On Page Seven
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19

Continued on page eighty
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
Andrews New Post

WASHINGTON, October 19Commander Philip Andrews u s ~
aide the the eheado
Navigation 1.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-10-19
Turks VIII Resist

BERLIN October 19Repos of Jerbap
turks
The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1911-11-10
DETAILS OF FATAL ACCIDENT
TO MRS. FRENCH'S FATHER

Yesterday we published an item
telling of the tragic death of the
father of Mrs. ]. l.. French. of this
city. Following is a press report OF
the accident. sent out from Red Key:
Redkey. Ind. Nov. S.-Matthew
Atkinson, IS, an old soldier
ard pioneer settler of this
place, met instant death this fore
noon on the p. C.. {. & st. l.. rail-
read crossing. AS the eastbound
passenger train, due here at 1915.
blew its whistle. Mr.. Atkinson walk
ed directly in front of It and was
manglcd beyond recognition, the
train carrying him about 20 yards.
strewing fragments of his body and
brains along the track. The body
was recognized only by papers that
were found in its clothing.
Mr.. Atkinson Is better known as
Squire Atkinson because OF his be.
ing a justice of the peace here so
often. He is a member of the L. b.
church and was one of its principal
organizers. He leaves an invalid
wife over so years of age and Sew
cral children. His poor hearing
and bad eyesight probably led to his
death as it is said that he walked
slow with his head bowed as il in
deep study. 1t is thought that he
YVES on his way to the home OF Mr..
Joel Green, a fellow comrade where
he always goes to make out pension
papers.
The crossing where Mr.. Atkinson
met his death Is named Death
Crossing" as this Is about the fifth
death that has been the result Of
an accident there and since the rail-
road company has put in four tracks.
u also being the crossing CT the NJ.
{. p. traction line It makes It dam
gerous crossing to be without a
Waterman.
The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1911-11-10
HOTEL ARRIVALS.
fremont.

Linn T. Pyse, St. Louis; J. Ep-
stein, Baltimore; e. d. Ryle, jack
sonville; Clay b. Hodges. Snid.; NJ.
NOrdheimer, \. V; J. H. HOysler.
Atlanta; Frank Bushnell. J. l..
Lauman. Chas. Rice. J. H. Bigger,
Tampa; Albert A. Meyer. Philadel-
phia; J. F. Crutchfield, Jacksonville;
IL. M. Pitman. Tampa; l.. A. Drof-
Ten, St. Louis; T. W. Ballenger.
Sparks Shows; Mike Cohen, Mil
waukee; J. B. Charles. Ca; c. D..
Martin, Chattanooga; H. H. Rant
ling, Charlotte; W. G. Hodges.
Knoxville; J. G. Cline. n. Y: W. O.
Spinks, Rock Hill. S. c.; J. d. Mar
lin, Tampa; W. II. Burt. Virginia;
J. G. Pecat. n. O.; W. F. human,
Jacksonville; W. J. Pearson. Jack
sonville: W. {. Alexander, Balti-
more; ]. F. Mead. Jacksonville; w.
G. Ragin, Ocala; Geo. w. Mersham.
Jacksonville, NJ. O. Tilley. Tampa;
o. A. Gentry, jacksonville; J. II.
Coltman, Baltimore; W. T. Wisner,
n. Y; S. A. Levy. n. Y: z. l..
Rosenbaum. Md; NJ. Lebene. n. Y;
James Steele. n. Y; r. l.. Gear.
J. G. Kusse, Cleveland;
Ada Alexander, Cleveland; Mrs. |.
Phinnery. Cleveland; oMrris Kellner.
Otto Held, Cleveland;
David S. Woodrow, Ocala; J. l.. Dick
son, Ocala; W. +. Ferris, Tampa.
The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1911-11-10
Matanzas.

J. W. Ryan. Indianapolis; F. +.
Lutz, n. y; s. Lampheimer, Balti-
more; e. n. Slaughter, Jacksonville;
G. E. Davis. Americas. Ca; W. L.
johnson. Atlanta; d. c. DuPre, Bar
tow; Mr. and Mrs. F. w. Gibbons,
Kansas city; r. d. Hyall. Odessa,
Mo-; J. p. Vera, Kansas City; Geo.
W. Bickham. Indiana.