davidaulloa/AmericanStories huggingface dataset:
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-10-16

| the meaning Of the will, without be-
ing bound by the translation used in
the Hawaiian courts. After that he
went into the investigation of the &C
| Curacy of the translation of the will
upon which the Hawaiian courts
made their decision.
Cut Gordian Knots
you will observe that to get away
/ from the Hawaiian decisions, which
bound him like two Gordian knots, he
: had to cut them. The first knot was
the first case, in which the will was
construed to mean that Irene Ii took
the fee simple. The Federal Judge
decided that he had the power to
an Independent translation upon
which to base his decision. After
making new translation, or giving
the Hawaiian words a meaning other
than hat adopted in the Territorial
courts, he decided that the will in
tended to give the daughter only a
life estate.
THE second knot. the second deci-
sion, is cut with the determination
that such decision also rests upOn the
false premises, a mistaken construc-
ton of the will.
Il have answered you. so at length
to show to you that the whole basis
of the federal courts differing with
the local court is the virtual finding
of new fact, though the original trans
lation, adopted by the attorneys be-
fore him on an agreed statement of
NO i1nntirol S1,ith hn al
latiOn. Judge Dole, however. refused
to be bound by the agreed translation
and went into the matter anew.
This aspect also explains the atti-
tude Of the court of appeals. They
would be very slow to interfere with
Judge Doles' decision so far as it re-
hates to findings OF fact This trans
latiOn was finding of fact
Imagine the beWildcrmcnt Of the
learned gentlemen in their magnfi-
cent chambers, in the postOfficp build
ing in San Francisco. trying to decide
from the briefs what is the true traRs-
latiOn Of the few Hawaiian words
which make all the trouble.
The Difficult Part.
The difficult part of the will is
found in the clause in which John II
appoints two executors. one OF them
A. F. Judd, late chief JUSTICE, to be
guardians OF his daughter, and then
giving them complete control OF the
property. in the following words:
They two alone shall have the sole
care of it lthe incOmel UNTIL SHE
COMES OF AGE OR HAS CHILDREN
OF HER OWN; they shall he eXecu-
tors during the lifetime of my daugh-
ter and her children in accordance
with my wishes. etc, ETC., and furth-
Cd if my daughter shall die having
borne children, then r6e property
shall descend to her children. etc.
providing for other devises if she
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-10-16

shah die without having had children
| 1T is curious that the title to prop
crty worth about sthree-quarters of a
million dollars should be in dispute
! because of the translation of a little
phrase in Hawaiian. The trouble with
the phrase is that translatOrs are not
unanimous as to the idea it conveys
and consequently the translation
thereof The trouble-making phrase
, is me laua vale no ka malama hiki
| j kona wa kanaka makua al, a hanau
paha kama mau keiki,' etc. This
| phrase has been translated by n. B.
Emerson, o. H. Gulick, w. r. Castle
Joseph M. Poepoe, S. keliinOi, William
H. Rice, Francis Gay, Emma NJ. Ma
kuina, Henry Smith and c. L." Hop
kins, who all agree that the transla-
: ton adopted by the court of the ter
ritory is a correct translation.
Parker Stands Alone.
Mr. Hopkins says that there may
be two distinct translatiOns and gives
one which the federal judge adopts
I as his translation, They alone shall
have the care until she becomes a
woman grown, or in case she has chill
dreR they shall be the executors dur
ing the lifetime of my daughter and to
her children after her. Henry Smith
is of the opinion that the word "a
used in this connection cannot be useU
as equivalent to the word ina. He
says that a translation like that OF
H. II. Parker, who is the only per
son who adopted a contrary tran6Ia-
ton when TRANSMITTING tn" phrase
alone, is incorrect.
"Henry H. Parker says that the
phrase may mean in the event Of her
giving birth to children the Same two
shall be the administrators during the
lifetime Of my daughter and to her
children following.
Il have given Won the details ri
the translation because ali the CHIEF
attack is light there.
All other points are subordinate
to this one issue of fact. There arc
many brought uD by the learned and
2stute counsel, \. G.. NJ. Robertson,
who had the initial attack, and wEo
shifted the burden upon present
counsel, when the case had beef
partly argued.
Will Courts Repudiate Translation?
II am Of The opinion that il will be
z very different matter 10 get the
Territorial c0i)rts 10 repuiiate the
translation (which is 50 widely sUn-
porped by eXpertsp for one which Il
few Cmay support, in strained at
tcnpt\to reconcile all clauses of the
Will. Even Mr. Parkers translation
is to pe read with his Testimony on
the witness stand, wherein he trans
lated the English phrase in the event
that by the Hawaiian word ina,
when he was asked 70 translate back
into Hawaiian his English words
were given as an equivalent Of the
words of the WILL The will had rot
the word ina. which clearly express
es the contingency idea Even az
cording TO Mr.. Parker, when he wish
eS TO express the idea of contingency.
he Uses the word ina But 70 get
cut of an obscurity and to sustain the
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-10-16

translation by him he points to thu
word 'paha' as giving the idea Of
contingency instead of ina. Tha
: word is not used by him whey trying
| 10 express himself under the same
circumstances. The long and shor
of the matter is that every translator
! who is differing from the origina
translation, adopted in the courts Ii
1897, is only" guessing at the possible
indefinite meanings that might come
| into a Hawaiian sentence.
Title Not Decided.
Then, again, the Federal court de
cision should not Great any alarm
because it settles nothing with re
gard to the title to real property In
the Territory. of Hawaii. Only the
Territorial courts have jurisdiction
ever title to real property except in
few cases expressly defined, such
as controversies of citizens of differ
ent States.< The counsel for Irene II
would be foolish to carry the case
Lp to the Supreme Court of the
United States, if they could. AS the
matter stands, there is decision bJ
fectjng real estate, a certain sum
shall be distributed according to a
new Interpretation of the will. The
Court of Appeals would not interfere
with the translation adopted by Judge
Dole.
THE local Supreme Court will be
t"ced with its own decisions, and also
Ioy hof hn
lion has become a rule of property,
ndcr which much property has
changed hands. It will not lightly
change matters, especially a matter
of fact like a translation.
"NOW, if the local courts follow the
resent translation, and do not leave
The ninety and nine good translators,
who agree with the past TRANSACTIONS,
az l. follow after the one wayWard
translator, who has left the fold, the
interests Of the daughter Irene will
be N a very good position, If any APP
peal be taken.
1.-The Supreme Court of the United
states would be apt TO treat this case
as it did the Atcherley Case-virtu
ally sustain the local court in its de-
cisions with regard to local condi-
tions which it cannot handle.
Here We have a translation Of the
Hawaiian phrase, which | think the
Supreme Court will be SLOW to at
tempt on its own account. This &C
counts for the support Of Judge
DOle's opinion. think, whichever
way the local courts decide on local
special knowledge, the appellate
cOurts try to follow.
No immediate Alarm.
Il do not think there is any great
HoeG to feel alarmed as yet, but the
decision must necessarily be a source
Of uncaSineSS TO the owners OF prop
trty. until the matter is settled
finally
II note that Mr. Warrington, Cap
ain Miller and others registered
lille some years ago to their lots in
he Anapuni Tract, which will make
them feel secure and happy in their
foresight.
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-10-16
Il DECISION.

Continued from Page y
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1912-04-25
BAND CONCERT.

The Hawaiian Band will give a pub.
lie concert tonight at the Kakaako
Mission. beginning at 1880. The pro.
gram follows:
March: II. u. Organization .....
...',,......... salamanca
Overture: LiRht Cavalry $40. Suppe
IntermezZo: Hulahua 900. Wenrica
Selection: Musical Review Rivierc
Vocal Hawaiian Songs ar. by Berger
Selection: Soldiers Parade -. Hume
March Trip to Germany Salamanca
Au Moku and Honolulu, ...... Berger
The StarSpangled Banner.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1912-04-25
SKIN A MASS OF FIRE

Horrible torture-pain uncomfortable
days when the whole body seems to
be burning up--long nights OF sleepless
qgony-Then-
Instant relief The skin cooled and
refreshed--all burning and itching
gonel
Thousands testify to this-thousands
who suffered from Eczema. Psoriasis
and other skin troubles. until they
heard of that simple cooling wash OF
Wintergreen. Thymol and other ingre-
dents known as Odd. Prescription.
J. Samuel Lewis writes: ~ used
three bottles OF Odd. Prescription,
and now my skin, once mass OF fro
and irritation, Is as smooth and soft
as child's."
OF all remedies for the skin that we
know. we can especially recommend
the Odd. Prescription for Eczema
Just mild, soothing wash--but II
cleanses and cools tho skin as nothing
else can, Aid II takes away the itch
Instantly!
We would like To tell you more about
ODD, Prescription II you will cali
Benson, Smith & Co, Ltd.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1912-04-25
BY AUTHORITY.
SEALED TENDERS.

Sealed Tenders viii be receive,
the Superintendent of Public W
up until ~ noon of Monday. Ma
1912, for furnishing all labor aud '
tcrial and constructing one story fr
cottages FOR the Girls lndusa
School. Moiliili, city and County
Honolulu, r. n,
Plans, specifications and blank r.
for proposal are on file In the
of the Superintendent of Public Wo
Capitol Building
The superintendent Of Public WI
reserves the rlght TO reject any
der. any part OF a tender. or all
ders.
MARSTON CAMPBEy
Superintendent OF Public VI ~
Honolulu. April 10. 1919. q.
52i6-lOt VI
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1912-04-25
BUSINESS NOTICES.
NOTICE.

Daring my absence from the Tr--
ritory. Mr.. Charles =. Osborne win
carry on my undertaking business as
usual.
The embalmlng branch win be In
charge OF two experienced assistants
whose shipping Vases have always
given perfect satisfaction, as scores OF
letters on file testify.
II. II, WILLIAMS
Honolulu, April -, 1919.
522O-1m
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1912-04-25
LEGAL MOTTO
NOTICE TO cREt
In tho Matter OF the Est;
Rodrigues do Monte, bout

W INC "HNtcE " A't -"
Rodrigues do Monte, bout
y Z
Notice Is hereby given t,m.
dcrsigncd has been appointed.
qualified. rs executor OF the e
Manuel kodriguos do Monte
Honolulu. oahu, deceased.
MI per ons Indebted To the
said deceased are hereby N
make immediate payment to
signed at the Office of
Robinson. attorneys for said
the Stanrcnwald building.
Aud all creditors of said estn
tuned 'n present their claims,
lied. ahd with proper YOU,
tHUhcl III any exist. even
such claims bc secured by
OF real estate. TO the undcrs
the said Office of said I.arnaci
inson. within six months from
publication Of this notice, OF
six months after the same =
come due. or such claims Will
ever barred
Dated at Honolulu. this 11tiN
April, A. u, 1919. q
JOSEPH u MARC
Executor Of the Estate OF Manuc
rigucs do Monte. late OF 10
oahu, deceased.
52O3--Apr II. is. 25; May 2
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1912-04-25
Honolulu, April 90, ~.

and send II to the Br,ietin ofTica
tame and address of your favorite
candidate. A subscription is not nee.
oHsary. but will naturally help your
candidate, and good start means
much. The names Of persons making
nominations will not be divulgcd.
The prizes will be awarded ut the
Iiilsh Of the contest, and may be dis.
posed ul as the winners see NJ.
Votes Issued on All Payments.
Votes arc issued on all subscription
payments, both old and new. he sure
you receive your votes when paying
or preparing your subscriptions. Ev.
cry subscription payment. even for
one month, earns votes. and these may
be voted for any candidate or held
until the close Of the campaign If the
subscriber chooses.
How Territory is Divided.
District No. | consists Of Honolulu
and tho Island Of Oahu. from the cen
ter Of Nuuanu Street, West.
District No. 2 consists of Honolulu
and the Island Of Oahu. from the cen.
ter of Nuuanu Street, East
District No. 3 consists of the Islands
of Kauai aud Maui.
District No. 4 consists Of the Island
Of Hawaii.
The Contest Office.
Is located in the Bulletin Of.
fee, Alakea Street, and Is open all day
and up to s O'Clock In the evenings.
II there is any point In connection
- A.. l..
to you. call, write or telephone, and
II will be cleared M for you. Tcle.
phones 2iS5 and 1856.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1912-04-25
BORN.

KEA-In this city, April "a. 1912, to
Mr.. and Mrs. John Kea, son. e.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1912-04-25
CORPORATION NOTICES
NOTICE OF DISSOLUTION
PARTNERSHIP.

OLIVER q. LANSING and ALDER
II. DONDERo hereby give notice thu
III" copartnership heretofore eNisIi'
between them, under the firm name /
Dondero 4 Lansing. was. by mutt
consent, dissolved on November
1911.
a. ~ DONDERO,
OLIVER q. LANSING.
52oa-Apr I, II, IS, rs; May g
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1912-04-25
MUST HAVE
THE BULLETIN

J. Bulletin Pub. Co, City.
!: Have failed TO receive issues of
!; Goth and 22nd. II my subscrip.
y tion still stands on your books,
. please forward these numbers by
}: carrier and correct the Interrupt.
J: tion. II In arrears please send
!: hill. had rather 20 without my
!: dinner than the evening paper.
y Respectfully.
W -
!; Honolulu. April %, 12.
. This note received from a city :
n subscriber to the Bulletin
. whom the carrier had missed in :
Z his rounds IN fair sample of the :
!: hold the Evening Bulletin
!: has on tho ncwsrcading public Of :
!; the city. The Evening Bul.
. lctin has become a regular fac. /;
. tor in the homes of the people .
!: who know that they must have :
. the Bulletin If they want the .
!! news.
Il Z. II n q. Z. .. ~ ~ ., =. =. .. .. ., ., .
The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-07-25

mary.
A person who has not resided
in the county for six months
prior TO the election but has re-
sided in the district of which the
county is part for six months
prior to the election, would not
be entitled to vote for either
county, district or State officers
in said county"
If a bona fide citizen paws his
poll tax in the county in which
prior to his removal he was a
qualified voter in all common
sense and reason, is he not quail
flied to vote in any other county,
provided he has lost his voting
residence in the county from
which he moved?
The above from the attorney
generals office may be the law.
but if il is the law it certainly
needs changing, for it is clearly
a wrong to absolutely disfran-
chise a citizen for no other cause
than the removal of his residence
from one county to another.
The only plausible feature of
the matter however, is that it
relieves a voter of the obligation
to vote for the nominee in the
general election. provided he
don't suit him. -Sweetwater Re-
porter.
The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-07-25

in Crosbyton this week prospect
ing and looking out a location
for a bunch of cattle for the
coming winter. Mr.. Abney in
formed a reporter that they
would like to locate in Crosbyton
if they could find what they
wanted which would be about
fifteen sections of land.
METHODIST REVIVAL
The Methodist Revival that is
now in progress at the taber-
nacle is being well attended,
both day and night services, and
the able sermons that are being
delivered by Rev, j. P. Galloway
are having good effect on the
entire population of Crosbyton.
Rev. Galloway. assisted by the
local pastor, Rev. Pipkin, is do
ing some good work for the
Master during this meeting and
as the meeting progresses more
good is expected.
The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-07-25
VOTERS DlSfRANCHlSED
Removal From One County to
Another Less than Six Months
Prior to Primary Election,

According to this writer's way
of thinking, it is not the intent
of the law to work injustice to
any Of the States citizens. and
especially in the matter of ex-
ercislng the right of franchise.
However, while the intent may
not be there, it is nevertheless a
fact that the opinion of the at
torney generals department on
the subject is a rank injustice.
On the 18th, inst, we address
ed a letter to the Attorney Gen
erai on the subject, and this
morning received the following
reply:
In reply to your favor of the
18th inst | hand you a circular
recently issued by this depart
ment which covers our views of
the election law in reference to
the matter submitted by you.
This is not simply an opinion
from this department, but is ac-
cording to the provisions of the
law, it being plainly provided
that no person can vote in any
election unless he has resided in
the county in which he offers to
vote at least six months before
the date Of the election.
IL necessarily follows that
each person loses his right to
vote at any place for six months
when he moves from one county
to another. We have nothing to
do with the policy of the law as
you know.
The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-07-25
Neighboring County News
From Our Exchanges
LYNN COUNTY

Lynn County News;
Tuesday afternoon it rained in
several places around Tahoka,
Wednesday afternoon we had a
good shower and in the vest
part Of town a heavy ram fell
which extended several miles
west and Thursday morning we
had another nice gentle shower,
and at this time Thursday noon.
indications are fine for a good
rain.
The Baptists will begin a pre-
tracted meeting in Tanoka the
second Sunday in August. Rev.
Gates Of Piainview. will help
Bro. Balch with the preaching,
Everybody is invited to make
their preparations TO attend and
help in this meeting.
sheriff L Edwards return.
ed on the Monday afternoon
train from Temple. where he
has been with his little son 20
have an operation performed on
the little fellow. The surgeons
cut into the skull behind the
right ear and scraped the inside
Of the bone. Four days after
the operation the little fellow
was up and playing around. al
though they wanted him % re-
The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-07-25
ADisgracefuI Scene

Last Thursday at the picnic
given by the lodge Of Moose Of
this city. Judge r. w. Hall.
member of the Amarillo court OF
appeals. and a candidate for re-
election, made a speech. The
speech was made in behalf of
Judges Graham and Pressler
who have opposition. Judge
Hall has no opposition and 1t is
not necessary for him TO go on
the the stump and take sides,
but instead Of acting in a gentle
manly way in the matter he
based his talk against Judge 5. p.
Huff. who is a candidate to sue
coed Graham, Mr.. Hall took oc-
casl0n 10 say some very mean
things about Judge Huff, which
not one tenthlof his hearers be-
lieved. and INTACT many of them
are sure he missed the truth BY
several degrees. Judge Hal is
very we'll liked in tins end of the
district. but his speech last
Thursday has caused many to
declare their intention TO scratch
his name and MT vote for him
under any circumstances. This
paper believes the friends of
Judge Huff in the 18th judicial
district should scratch the name
of Hall from the primary ticket,
not giving him a vote. He has
shown himself to be very little
man in this matter and one no
person can uphold. Childress
Index. 3 III
ADVERTISEMENT
The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-07-25
Lubbock County Items
ABERNATHY


Alternately rwo-County News.
L. d. Webster, formerly editor
ef TIE Abernathv Tue County
News. now editor of the Tulia
Herald. OF Tulia, Texas, has a
big girl at his home.
Born, to J. c. Mallard and
wife. Of Alternately, July Is. a
boy.
Mrs. II. d. Rosser and daugh-
ter Francis. have returned from
Colorado Spring, Colo, where
they spent several weeks visit
ing relatives.
j. G.. Atwood returned last
week from Dallas. where he has
been taking treatment for
cancer.
Mrs. Jno. Glenn and children
of Lubbock. are visiting at the
home of Mr.. and Mrs. J. c. At
wood, previous to moving to
their new home at West Station,
Texas.
The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-07-25
HALE COUNTY
Hale Center Livewire.
RAIN, RAIN. RAM


RAIN. RAIN. RAM
And the rain fell. and the
floods came, almost literally de-
scribed our thought Tuesday,
when for nearly an hour a tor
rental downpour visited this
part Of Hale county, which
guaged nearly two inches. 1t
was literally a "guIly-washer"
and rash-cleaner. " Following
the rain. water stood from three
10 six inches in the streets here.
This is the best rain we have had
for some time. y
This was followed by a half
inch rain Wednesday and the in
dications are good for more.
Farmers here are now wearing
the smile that won't come off.
Prospects for a big harvest are
excellent.
Mr.. and Mrs. links Lemond
and little baby girl Corneha
Evelyn. arrived last Saturday
from Lubbock.
The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-07-25
man in the sanitarium four
weeks after the operation.


HALF AOlNil
Hale County Herald
FIND ENORMOUS BONES.
A party Of students from Yale
University are camping on the
Tule Canyon, east of Tuba, maxi
ing excavations in the sands for
prehistoric remains. They have
boxed and shipped quite a lot Of
bones, some Of which are said TO
be human bones.
Thew also found number Of
bones Of supposed mastadons
and such animals According to
the students these bones have
been embedded there about
1000 years.
This is more proof that the
Plains Is llaifii - biz things
J. n. Slaton is cutting his al
.aifa for the third time this
year. II is expected that three
more good crops will be harvest
ed this season. Each cutting
has made from one to one and a
quarter tons 10 the acre.
The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-07-25
Yours very truly.
c. E. MEAD.
Assistant Attorney General.

ASSISTANT Attorney Nenefal.
Enclosed with the letter was a
circular issued by the depart
ment, on which the following
paragraphs were specially mark
ed.
No person is entitled to vote
in any election unless he has re-
sided in Texas twelve months.
and in the county in which he
offers to vote at least six months
next before said election.
The fact that a person will
have resided in the county six
months at the time of the gen
eral election in November, will
not authorize him to vote in the
primary in July unless he will
have resided six months in the
county at the date of the pri-
The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-07-25
CROSBY COUNTY

ir'fhftoH i'fteH
Fifty land agents. represent
ing selling organizations Of ap-
pr0ximately three hundred land
men, arrived IN Crosbyton Thurs
day as the vanguard Of the bic
colonization movement which the
Crosbyton-So uthplains railroad
has instituted. looking to the
settlement Of Crosby County.
They came in two private cars
from Iowa, Missouri. Illinois,
Indiana and Ohio. These land
men are general agents Of the
Land and colonization Depart
ment Of the railroad and are
making an inspection of the
lands throughout the county
which are with reach of the rail-
road.
The inspection trip was ar
ranged by the railroad company
and all the expenses Of the eX-
cursion was taken care of by the
land and colonization depart
ment.
The party was received at the
station by an automobile delega-
ton in which were many Crosby
tonians who welcomed the land
men to Crosby County. From
the train the party was taken to
the Crosbyton Inn where special
arrangements had been made in
in the way of refreshments.
GAIL CATTLEMEN HERE
Messrs. F. +. Abney and j.
c. Doward. of Gail. Texas. are
The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1912-07-25

d. c. Rumph came in Monday
morning from Leila Lake, and
will spend several davs here,
visiting his family.