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 line two GOrdian knots, he
! had to cut them. Tho first knot was
, the fiTst 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 a new translation, or giving
+ the Hawaiian words 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
IdISt pI tIllISeS, Il HIS taken COnSlGuC-
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
facts, was identical with the old trans
lattOn. Judge Doe, 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-
i lates(to findings of fact. This trans
latiON was a finding OF fact
Imagine the .bewildermtnt of the
learned gentlemen in their magnifi-
cent chambers in the pOstOffiCn build
ing in San Francisco. trying TO decide
from the briefs what is the true trans
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
y. F. Judd, late chief jus,Cie. to- be
guardians OF his daughter. and then
giving them complete control OF the
property. in the following Words
'Thry two alone shall have the sole
care of it Dthe incumtD UNTIL SIZE
tCOME,S OF AGI. OR HAS CHILDREN
OF HER OWN; they shall be eNtcu-
l. l., : ~
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-10-16

shall die without having had children
1T is curious that the title to prop
erty worth about thfee-quarters of {
million dollars should be in dispute
because of the translation of little
phrase in Hawaiian. The trouble witt
the phrase is that translatOrs are moi
unanimous as to the idea it conveys
and consequently the translation
thereof. The trouble-making phrase
is me laua vale no ka malama a hik
kOna wa O kanaka nrakua al, hanau
paha kama mau keiki.' etc. This
phrase has been translated by n. B
Emerson, O. H. Gulick, w. R. Castle
Joseph NJ. 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 correct translation
Parker Stands Alone.
MIR. Hopkins says that there may
be two distinct translations and gives
one which the federal Judge adopts
as his translation, They alone shall
have the care until she becomes Il
woman grown, or in case she has chill
dren 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 used
as equivalent to the word ina. He
says that a translation like that OF
ii. H. Parker, who is the only per
son who adopted a contrary transla-
ton when translatiEg the phrase
alone, is incorrect.
"Henry II. 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 YOU the details OF
the translation because ali the CHIEF
attack is right there.
All other points are subordinate
to this one issue of fact. There are
many brought up by the learned and
&atute counsel, A. c. NJ. Robertson.
NhC had the initial attack, and "t.O
shifted TIE harden upon present
counsel. when the case had been
partly argued.
Will Courts Repudiate Translation?
II am CT The opinion tina. il will b."
{ very different matter to set the
Territorial courts TO repudla'" tn"
translation (which is SO widely sup
ported by eNpertSD for one which
few n y support, in a strained at
tempt TO reconcile all clauses 2Of 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 oil
contingency instead of ina That
word is not used by him whey trying
to express himself under the same
circumstances. The long and short
Of the matter is that every translator
who is differing from the original
translation, adopted in the courts in
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
a 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
tap to the Supreme Court of the
United States, if they could. AS ting
matter stands, there is decision b.
one judge that. in matter not az
iecting 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
faced with it's own decisions, and also
the consideration that the former de-
cision has become a rule Of property
under which much property has
changed hands. 1t will not lightly
change matters, especially a matter
of fact like translation.
Nov, if the local courts follow the
present translation, and do not leave
the ninety and nine good translatOrs,
Who agree with the past translations,
and follow after the one Wayward
translator, who has left the fold, the
interests of the daughter Irene will
be in a very good position, if any ap.
peal be taken.
'"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 cOudi-
lions which it. cannot handle.
''1iere We have a translation of the
Hawaiian phrase, which | think the
Supreme Court will be SLOW 10 at
tempt on its OWE account. This &C
counts for the support Of Judge
Doles 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
need to feel alarmed as Y"t, but the
decision must necessarily he a source
of uI.t 2~iueSS to the owners of prop
rrty. untn the matter is settled
finally. !
Il note that Mr.. Warrington, Cap
tain Miller and others registered
title some years ago to their lots in
The Anapupi Tract. which will make
them feel secure and happy in their
foresight"
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-10-16
i DECISION

Continued from Page y
Imperial Valley press., 1912-10-14
MONTENEGRO AND SERv|A
DESPERATELY FIGHT TURKS

[BY UNITED PRESS ASSOCIATIONS
PODGIRTZ, Oct. 1.-THE northern
Montenegrin army is in possession of
Bylopolye, one of the chief towns in
Senjak of Novibazar, today after
crossing the Turkish frontier and des-
perate fighting. Many desperately
wounded Montenegrins received no
medical attention on the battlefield,
but several hundred were sent here.
The food supply is almost exhausted.
MOntenegrins Reported Victorious
GBY UNITED PRESS ASSOCIATIONSl
CONSTANTINOPLE, Oct 14-Mon-
tenegrin troops have captured the Mus
sulman village of Krannia and burned
1t. according to dispatches received
here today from Scutaria. Several
children were burned to death in the
confagration. The fighting was plain
ly visible from Scutari.
Servia Invaded by Turks
[BY UNITED PRESS ASSOCIATIONS
BELGRADE, Oct. 14-Servia was in
vaded today by Turkish troops near
Ristosatz. Servian forces attempted 10
check the advance and a terrific battle
is raging.
Imperial Valley press., 1912-10-14
WOMEN BOOSTERS START
A FAIR BOOMING TRIP

A half dozen automobiles loaded
with women boosters Of the count y
fair left this morning for Brawley,
where they will hold a meeting this
forenoon, returning to Imperial for an
afternoon meeting and then making
trip to Holtville Wednesday after
noon.
The ladies gathered this morning g
at the Oregon hotel. filling the lobby,
and some delay occurred in getting
the machines all equipped with driv-
cfs, but the start was finally made
with enthusiasm and with fair stream
ers decorating all the machines.
Arrangements have been made by
telephone for meetings in the towns
to be visited, and it is believed the
ladies of the other towns will catch
the spirit already shown by those of
Calexico and Ell Centre.
In the party this morning were the
Calexico ladies who have thus far
in the plans fcr the fair,
and they are manIfestiug as great in
Imperial Valley press., 1912-10-14

double play, Fletcher to Doyle to Mer-
kle. No runs. New York-Meyers tri-
pied. No runs.
Fifth-Boston-No runs. New York
-Devore singled. No runs.
Sixth Inning-Boston-Le fouled
to Meyers; Gardner and Stahl famed.
No runs. New Workout one, two,
three.
Seventh-No runs.
Eighth Inning-Boston-Ye sin
gled. No runs. New York-Snodgrass
beat out in field hit. No runs.
Ninth Inning-B on-G ard +,
Stahl and Wagner out. No runs.
Finals--Boston, two runs, seven hits,
two errors. New York, five runs, II
hits, one error.
Tae Score by Innings
1 2 3 4 81 s r.
New York ........5 0 0 0-5
Boston .-.........0 2 0 0 0 0 0 0 %
Imperial Valley press., 1912-10-14
AUTO|STS Of THE VALLEY
HEAR GOOD ROADS TALKS

Almost all the automobiles of the
valley gathered yesterday at the c. NJ.
ranch, where a barbecue ives spread
and speakers were present to talk of
good roads.
In five hours and twenty-three min
utes Fred Jackson had made the trip
to El Centre from San Diego Saturday
to attend the meeting as president
of the San Diego Highway association.
and John 5. Mitchell had come down
from Los Angeles on the same mission.
Mr.. Jackson apologized for not
being a speaker, but he brought a
budget Of facts with him which he
put to good use, telling of the great
interest San Diego has and has always
felt in Imperial valley. He said that
his city was anxious to secure close
commercial relationship with the val
ley. and TO that end it had raised $50,
goo for good road construction in this
county.
Mr.. Mitchell took up the idea ad-
vanced by the Press for circuit road.
Imperial Valley press., 1912-10-14
ri BBER FORESTS CRUEITIES

PASADENA, Oct. IA story of
abuse TO which native workers in the
rubber forests of Bolivia have been
subjected by English and German
planters is told by Walter I. Gholz, a
former resident of Pasadena, in a let.
ter to friends. Mr.. Gholz is an instruc-
tor in the American institute at La
Paz, Bolivia. The letter was written
after Mr.. Gholz had expended several
months in investigating the reports Of
cruelties. Indians are induced by all
sorts of promises to enter the service
Of the rubber companies" he writes.
When they once get into the forests
there is no hope for them. They are
treated worse than dogs. Tales of these
carried to the outside world
are in no way exaggerated. In fact,
but half the real truth is known"
Imperial Valley press., 1912-10-14
CITY TRUSTEES RETURN
FROM INVESTIGATION TRIP

City Trustees John Norton, chairman
of the board, and A. w. Swanson and
c. f.. Sprouse have returned from
their trip to Phoenix for the purpose
of investigating the bitulithic system
of cement for road work. They are
satisfied that this system is the best
for use in El Centre.
Mr.. Swanson, street commissioner,
says the Phoenix bitulithic roads are
composed of five inches of solid ce-
ment and two inches of water proof
bitulithic cement and that they are
hard as iron, flexible as rubber and
will not chip.
The Phoenix Republican says of the
visit:
For the purpose of looking into the
advantages of bitulithic as a possible
pavement for the street improvement
of Ell Centro, Imperial valley, CaIifor-
mia. the entire EI Centre commission
paid visit to Phoenix yesterday and
were partially the guests of Power c.
Conway, managers of the Barber AS
phalt company, and of Judge Thomas
city clerk. The visitors were driven
all over the city's streets so as to
observe the outstanding abilities of the
pavement. They were also taken to
the portions Of the city where the
pavement was being put down, as we'll
as to the kilns where the bituminous
compound is made ready for laying
on the streets.
"The visitors are John Norton the
mayor of Ell Centre; A. w. Swanson.
publisher of the Imperial Valley Out
look, and c. E. Sprouse, a promin ent
real estate dealer of that city Not
satisfied with what they saw alone,
the gentlemen took occasion when the
other fellows were not looking to ask
a few intimate questions about the
general opinion upon bitulithic as
pavement. They could find no knock
ers, leaving tonight more than satisfied
that bit is the stuff for the Ell Centre
streets.
"All three gentlemen spoke in the
highest terms of the courtesies extend
ed them during their short stay here
They praised the streets of Phoenix.
her lighting system, her general ap-
pearance, and manifested pleasure and
surprise that the city has such a met
ropolitan air, and such a business like
bustle to her citizens. They left Phoe-
nix full of the city and valley, and
Will induce many of the citizens of
the Imperial valley to come TO Phoe-
nix for fair week.
El Centro expects shortly to be on
a splendid road between Phoenix and
that city. They are already link
in the chain from San Diego here, and
are expecting to be linked with Phoe-
nix not only by highways for road We
hicles but with bonds of steel The
railroad that is expected to connect
with the Ell Paso Southweste sys-
TENS extension has been built 20 miles
west from Ell Centre and 40 miles east
from San Diego. They figure this road
will go through Phi oenix.
For some time now Ell Centre has
been under the commission form of
government, and the Ell Centre COM
mission was very much pleased yes
terday when they found Phoenix was
to have an opportunity to vote upon
whether or not they would have the
same form in Phoenix. They each be-
lieve the commission form to be not
only the cheapest form of managing
the affairs of the city, but also to be
the most effective, business like and
best"
Imperial Valley press., 1912-10-14
TO RUSH ESCAPED CONVICTS

fBY UNITED PRESS ASSOCIATIONS
RAWLINS, Wyo, Oct. 14.-Posses
from Rawlins, Saratoga and Walcott
are concentrating with view to rush
ing Il convicts at large in the hills
south of here as a result of the jail
break of late Saturday and Sunday, al
the state penitentiary. Governor Clary
is bitterly criticised for failing to call
opt the troops. A desperate battle is
expected when the men are found
Only one outsider, Charles Glessner
has been killed.
Imperial Valley press., 1912-10-14
WILSON'S EXPENSES

WASHINGTON, Oct 14-W. F. Nc
Combs, testifying before the senate
campaign committee, stated that he
personally paid Woodrow Wilson's ex-
penses for the first two months of his
presidential campaign. Mr.. Wilson'S
manager testified that he gave $4,000
one time. Once 1 was personally in
debt nearly $4,000" Mr.. McCombs
said. Again, after the Illinois cam.
paign, I was in debt again. Cleveland
Dodge and Princeton friends of Gov.
ernor Wilson gave $4,000. Charles II
Crane of Chicago gave 10000. Not a
dollar reflects a promise, expressed OF
implied"
Imperial Valley press., 1912-10-14
GREAT NAVAL REVIEW

GBY UNITED PRESS ASSOCIATIONS
NEW YORK, Oct. 14.-America' s
greatest naval review opened at this
morning with 127 vessels of all de-
scriptions in line. President Taft,
aboard the Mayfiower, waited outside
the harbor to participate in the review.
Secretary of the Navy Meyer and Ad-
miral Osterhaus and staff boarded the
gunboat Dolphin, followed by squad
ron commanders and members of the
house and senate naval committees.
Imperial Valley press., 1912-10-14

terest as the EI Centre ladies, show
ing that the fair is more than a town
institution.
Assurances have been given by men
in all the towns Of the valley of CO.
operation in making the fair a county
institution, and bettor displays are ex-
pected than have ever been made in
the past.
1t is little more than three weeks
before the fair is to be held and il
is necessary to keep things moving
to be in readiness for the event
Imperial Valley press., 1912-10-14
ACTIVE CAMPAIGN STARTED
BY TWO ABLE SPEAKERS

ment, and later they left for Calexico,
where they will speak this afternoon.
thence going to Brawley for a meeting
this evening. At 10 o'clock tomorrow
they will hold meeting in Imperial,
at in Holtville, and in the evening
they will speak here at the Holt Opera
House.
Senator Gates has for years been
known as one of the stampeders In
Los Angeles political affairs, and Mrs.
Porter is one of the foremost women
of the southwestern metropolis.
Imperial Valley press., 1912-10-14

The arrival this morning of Senator
Lee c. Gates and Mrs. Florence Col
lins Porter of Los Angeles was the
signal for the opening Of vigor Gus
campaign of two days through the
valley.
The speakers were met with an
automobile by Mr.. and Mrs. Phil D.
Swing and escorted to the home Of
the latter on Olive street
At 10 o'clock this morning Mrs. Por-
ter was rendered a reception by ladies
interested in the Progressive move
Imperial Valley press., 1912-10-14
SCILLING CHAMPIONSHIP

IBY UNITED PRESS ASSOCIATIONSl
LONDON, Oct. 14-Ernest Barry,
English champion, today defeated Ed
ward Durianan, American-Canadi /,
for the worlds sculling championship
with a $4,000 stake. Barry won two
lengths over four on half mile
course, leading all the way.
Imperial Valley press., 1912-10-14
ATTEMPTED MURDER

JBY UNITED PRESS ASSOCIATIONSl
SAN FRANCISCO, Oct. 14.-Unable to
tell the police who shot her, Mrs. Emily
Pietz lies in a hospital with her tongue
severed by a bullet. Manual Frates. q
barber, who is claimed to have been
the woman for several years.
is sought by the police on suspicious
Imperial Valley press., 1912-10-14
MINERS ENTOMBED

[BY UNITED PRESS ASSOCIATIONS
HOBART, Tasmania, Oct. 14-Little
hope is held out for S4 miners en-
tombed in North Mount Lyell mine
following the recovery of five bodies
The rescuers were forced to battle
through smoke and flames. All eff
forts to reach the victims failed until
diving suit was brought into service,
air being pumped into the burning col
lierY.
Imperial Valley press., 1912-10-14

reaching to Los Angeles on the north
ern route and to San Diego on the
southern route, and brought a message
of good will to the people of the val
ley from the business men of Los An
geles, who he declared thoroughly ap-
preciate the Importance of getting i'll.
to closer relationship with the valley.
Imperial Valley press., 1912-10-14
MAJ. GEN. WOOD IN NORTH

GBY UNITED PRESS ASSOCIATIONSl
VANCOUVER BARRACKS, Wash,
Oct. 14.-Major General Wood, chief of
staff of the United States army, was
lavishly entertained here today, follow
ing an inspection of the army post. He
leaves on the Shasta Limited tomorrow
for California.
Imperial Valley press., 1912-10-14
SECOND CHARGE AGAINST EDDY

Los ANGELES, Oct. 14.-When City
Prosecutor Guy Eddie, charged with
contributing to the delinquency of Mrs
Alice Phelps, appeared in the Juvenile
court today another warrant charging
him with contributing to the delin-
quency of Miss Elma Jones, a minor,
was served on him. Eddie tainted.
Imperial Valley press., 1912-10-14
n. RS VOICE BAD

lBY UNITED PRESS ASSOCIATIONSl
CHICAGO. Oct. 14-Theodore Roose
welt made a journey to Gary. Ind, to-
day, where he spoke at noon. The
colonel made no comment on Mr..
Bryan's invitation for a debate at
Cleveland. His voice is in poor con-
dition
Imperial Valley press., 1912-10-14
WANTED TO HANG HER

IBY UNITED PRESS ASSOCIATIONSl
ELMER, n. J., Oct 14.-Charged by
his wife with having lured her into
barn for the purpose of forcibly hang
ing her from a rafter. Fred Simpson,
a farmer, is held in the county Jail.
Imperial Valley press., 1912-10-14
MANY PLATERS SICK

rHT UNITED PRESS ASSOCIATIONS
LOS ANGELES Oct 14-With II of
20 player able TO d0n uniforms. the
Los Angeles coast league team meets
Vernon this afternoon. Eight players
are incapacitated with typhoid fever
and other ailments.
Imperial Valley press., 1912-10-14

The Pioneer Transfer Co. is prepared
to handle your baggage or any kind
of dray work at reasonable prices. Of
fee on Fifth street just north of Main
street. Phone Main ADV
Imperial Valley press., 1912-10-14
FOR RECALL OF MAYOR

IBY UNITED PRESS ASSOCIATIONS1
RIVERSIDE, Oct. 14.-Petitions are
being circulated for the recall of
Mayor w. l.. Peters, as result of his
recent campaign against violation of
the liquor ordinance, in which an eX-
elusive club was raided.
Imperial Valley press., 1912-10-14
Parties Wishing Storage Space

We have leased the large sheet iron
warehouse formerly occupied by Hamil-
ton supply co. and are prepared to han
die any and all kinds of storage bust
ness. See Pioneer Transfer Co. at Office
on 5th Just n. of Main. Phone Main l.
Adv
Imperial Valley press., 1912-10-14
BuIsa.isns Concentrating

[BY UNITED PRESS ASSOCIATIONS
SOFIA, Oct. 14.-Bulgarians and
Turks are engaged in a desperate bat
tie near Agripalanka according to ad :
vices received today. Three Bulgarian
armies are concentrating for the for
NAL opening of the campaign this
week.