davidaulloa/AmericanStories huggingface dataset:
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24

change of position cannot escape the
legal consequences of his fraudulent
conduct by showing that the fraud
might have been discovered by the
other had he used due diligence =
Prom what has been said it fol-
lows that the plaintiff is entitled to
receive the fund in court. Plaintiffs
counsel nowtconeedes this to be the
full amount due the plaintiff upon the
accounting. The decree appealed from
should be modified accordingly, and
the ease isGremanded totthe circuit
itldge. = s,ssijils tss= - 49, ~ ~ Z.
ID. L. Wilmington and A. L. Castle
appeared as counsel for Robert Hor-
ner, the plaintiff, and l. M. Stainback,
Olson, presented the argument for the
defendant. ='.t7
The supreme courts syllabus says:
@In order, to establish an estoppel
based upon a Misrepresentation of a
material fact the party asserting the
estoppel must show that he relied on
the truth of the representation, and
it is a rule of general application that
there can be no estoppel for mfsrepre-
sentation where the party asserting
it knew the facts or had at hand ready
means of ascertaining them before he
acted
The suit originally was brought by
Robert Horner against his brother,
Albert Horner, for the dissolution OF
j. NJ. Horner & Sons, and for an &C
counting. H. Hackfeld & Company
also was made party defendant upon
the claim that as former agent of
the firm, it had during the year 1911
received certain moneys amounting to
$32, 500, of which it had paid Albert
Horner the sum of $15,410.42, which,
it was alleged, was in excess of his
proportionate share as a memberfof
the firm. The balance, it was averred,
remained in the possession of H. Hack
field & Company.
The plaintiff claimed to be entitled
to $20,S9341 from the defendants.
Eventually H. Haekfeld & Company
represented that the balance of ST.
0S9.5S in it's possession was claimed
by T. H. Davies & Company as we'll
as by the plaintiff. This money was
finally paid into court and the suit
then began against Albert Horner and
the latter firm.
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24
SClILLY Wants
'T0.MLIQuOR
LATER \ At NIGHT
Makes Application for Extern
- sion of Open Hours for
Waikiki Inn

John T. Scully. manager of the
Waikiki Inn, the Waikiki beach re
sort, wants additional privileges fol
liquor selling at his place and yes
terday submitted the request in writ
ing to the board of liquor license com
missioners in the form of two letters
The first letter says:
application is hereby respectfully
made for an extension of the week
day after-hour privileges of the Wal
kiki Inn, Ltd. from 1880 o'clock p
m. TO / o'clock a. m.
"a favorable consideration of this
application would place the Waikiki
Inn, Ltd, in respect to after-houE
privileges and Sundays, in the same
position as the other Honolulu
hotels &c.,. =.
The other letter says: -
Application is hereby respectfully
made for an extension of the after.
hour privileges of the Waikiki Inn,
Ltd, during Carnival Week, as fol.
lows: -
From the 10th to the goth, both in.
elusive, and on the 23rd of February
next, after-hour privileges until
O'Clock a. m, and on the 21st of Feb
rHaEy next, until l o'clock a. m.
"A favorable consideration of this
application would result in the after.
hour privileges being the same on
the 2Ist and 22nd as now enjoyed by
the other hotels in Honolulu, and an
extension OF the weekday privileges
until 3 o'clock a. m." II
Action on the letters was deferred
until the next meeting, February s.
Chairman Castle stated to Scully that
no other hotels have asked for an
extension of afteE-hour privileges dur.
ing the Carnival season, though it
was expected that some would do so.
The extension of the regular after.
hour privileges for the Inn is expect.
ed to bring out some protests.
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24
HUI, AU KAi WILL
ENTERTAIN AT DANCE
AT OUTRlGGER TONIGHT

There will be dancing tonight at the
Outrigger Club. With the pavilion sur
rounded by lanterns of several colors.
and with the music of Dude" Mller's
splendid quintet, Honolulans and ma
lihinis will dance this evening. The
Hui Au Kai, the girls swimming club.
is giving the dance to raise money
with which to bring from the main
land a swimming team of girls for
the carnival.
From the way tickets are being sold,
there will be a large crowd present.
The thanks of the Hui Au Kai has
been extended to the Mercantile Print
ing Company, j. H. Heftsehe, manager
of the Seaside, and Dude" Miller for
assisting the dance in their respective
ways. Miller is furnishing his quin-
tet without charge.
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24
AMUSEMENT PIER PLANS !
MEET APPROVAL OF
PROMOTION COMMITTEE

Honolulu will, q the near future.
doubtless be able to boast of an at
tractiye recreation pier il the plans
for such project, as presented at the
meeting Of the Promotion Committee
yesterday afternoon by Harry L. Kerr,
the local architect, are accepted by
that organization. The needs OF re-
creation pier for this city, preferable
at Waikiki, was first preached to the
trustees of the Chamber of Commerce
which body, in turn, referred IL for
the consideration of the promotion
lists.
- According to Mr.. Kerr's plans, the
building would be a two-story affair
with a tropical approach. The base
ment would contain lockers for bath
ers, the main floor turned over to
amusements of various sorts, and the
upper story would be utilized as an
assembly hall containing paintings
and photographs of island scenes and
other matter more II the form of adj
yertising mediums Mr.. Kerr's plans
seemed to meet with favorable con-
sideration by the members Of the
committee, but no definite action was
taken as the body wishes to give fur
Their time to the matter
The progress Of the Trail and Nom.
tain Club, as we'll as the needs of that
organization, was the gist of an inter
esting talk by DR.. Dorenus Scudder,
who urged that the Promotion Com
mittee join with the organization in
the effort to put the several mountain
trails in order so that parties of tou-
rists might be made up and taken to
the different points of interest in the
hills. 1t was pointed out that the
department of public works, in order
to protect the water sources of Homo
lulu, had, in some places, run barbed
wire fences across the trails and thus
INSTRUCTED IN otherwise easy passage.
A committee composed of Dr. Scud-
der, Lorrin Thurston and Mr.. Beal was
appointed to take this matter up with
the department The meeting was
concluded with the reading of CORES
pondence from persons desiring in
formation concerning the islands.
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24
GOVERNOR Didn't
ASK COIIRILLBE
KEPT IN OFFICE
Only by Courtesy Repeats Re.
quest viii Not Embarrass
National Administration

Governor Pinkham.s eahlegram to
Washington regarding the move on
the part of treasury department off,
Gals to displace Collector of Internal
Revenue Cottrill was not a guberna.
torial request that the collector be
retained.
Furthermore, the governor, in con-
nection with his action, has stated eS-
plicitly that his policy with regard 70
such federal offices is to leave the
national administration unembarrass-
ed by the territorial administration.
. This and more Is set forth in the
reply which the governor has written
to the Merchants Association in re-
spanseSto the receipt of a copy of the
resolution passed by the association
favoring Mr.. GottrilPs retention.
The letter says: ~'..Hz
-. January 90, 1914.
u. T. Warren. Esq,
Secretary. Honolulu Merchants
Association, Honolulu, T. H..
Sir: r. r. t:s@s,..~. :s.-z ~
Il beg to acknowledge the receipt
of copy of the resolution passed by
your association on the 21st inst, in
favor of the retention of Hon. Charles
A. CottriH as collector of internal
revenue for the district OF Hawaii I'M
til the expiration Of the usual term
of office. -..s
Il beg to inform you that on the
9th of January eabled the secretary
of the interior as follows: Only by
courtesy / repeat Cottrilrs request to
be allowed to serve out internal rev.
enue term,
Il considered the treasury depart-
ment to be the best Judge of the Hon..
C.. A. Cottrill's past services and flu
ture usefulness, and the policy to be
pursued to be that of the administra.
tion at Washington unembarrassed by
the territorial administratio
"Phave received no intiInations as
to the wishes of the treasury depart
ment as to the office in question.
= - "Resuectfully.
IUCIUS e. PINKHAM,
1e.- Governor of Hawaii"
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24
ARMY AND NAVY

u ~ ~
I 18th Infantry, First Lieutenant Orville
enant William b. RoseYear, Jr., Isl
Field Artillery, First Lieutenant sIry
Ing ]. Phillipson; lst Infantry, Judge
advocate. "...t -. BF
The employment of sAerographie
reporter is authorized
- - 'sys.ss y. t. :
Corporal Paul Arndt, 10th Company
Coast Artillery Corps, Fort De Russy
III T., Is transferred to the Band, I'd
Infantry. He viii proceed to Fort
Shafter, II. T., reporting on arrival to
the commanding officer of the organiza.
ton to which transferred, for duty.
~ - - 49, F.
APriyate August A. Iske, Company G..
1t Infantry. Schofield Barracks, H. T.,
will be discharged form the Army by
the commanding officer of that post
by purchase. - r.
- - .
Private George j. Lyons, Troop C,
4th Cavalry, Schofield Barracks, H. T,
will be dischared without homer from
the army by the commanding officer
Of that post, on account Of imprison-
ment under sentence of a civil court.
- ~ ~ !. -.
II being iInpracticable for First
class Private Elmer H. Brown, Telep-
hone and Telegraph Detachment,
Company NJ, Signal Corps. on duty at
these headquarters. to be quartered
with his organization or in public
quarters. the Quartermaster Corps
will hire suitable quarters for him
from January II. 1914, and while on
this duty.
Paragraph 4, Special Orders No. 4,
current series, these sheadQuarters, is
amended to direct Acting Dental
Surgeon Walter L. Reesman to pro-
coed to Fort Ruger. III t., reporting
on arrival to the Commanding Officer,
Coast Defenses of Oahu, for duty.
- ~
Private Alexander Battery +, LIST
Field Artillery, Schofield Barracks.
H. T., win be discharged from the
Army by the commanding officer of
that post by purchase
- -
Paragraph 8, Special Orders No. 4,
current series; these headquarters,
relating to Acting Dental Surgeon
Edwin NJ. Kennedy, is revoked
- ~
It has been decided that it is not
practicable to alter az posts the arm
racks model Of 1903, for u. S. rife
model Of 1908 and for revolver, to
take the automatic pistol.
in the infantry the pistol may be
kept in separate arm lockers as pro.
vided by ordnance property regula-
tons, and the arms racks, model of
1908, continued in service as long as
they are serviceable.
Where arm racks, model Of 1908,
are in possession of the cavalry or
CARNATIONS, requisition should be
submitted for new racks to replace
them. II.
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24

Northwestern Russia is suffering
rom aterrifie snowstorm and blizzard.
|Gne hundred and fifty deaths from
told and exposure are reported
: he twelve worst boys in the United
States have been sent to q ranch near
Reno. Nevada. to establish the Last
Chance Boys Club which Is supported
BY Jack London. Upton Sinclair, Rob
Fri Hunter and Jack Robbins.
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24

A couple in New York, man anG
wife for several years, have been re-
married under the new ritual of tia
New Thought Church. in which har,
mcny of vibrations" is the main con
liberation
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24

The following is an abstract Of fe.
cent special orders OF the Hawaiian
Department: :.
In compliance with telegraphic in.
strUctions from the War Department,
dated January II, 1914, Brigadier Gen
eral Frederick Funston, II. 8. Army,
will proceed VIA commercial liner to
San Francisco, Cal, thence TO Texas
City, Texas. So .e..- -.
LIST Lieutenant William g. Ball. I'd
Infantry. Aide-deCam win accom-
pany BFlgadier General Frederick
Funston, q. s. Army. from Honolulu,
II. r., TO Texas City, Texas.
Under exceptional circumstances,
leave Of absence for two months and
ten days, to take effect upon depart
ure from station, is granted LIST Lieu
tenant William II. Dodds, Jr., LIST Field
Artillery, Schofield Barracks, H. T.
The troops OF the following named
posts in this Department will be paid
on the muster Of January 81, 1914, by
Capt. George d. Freeman, Jr., Quar-
termaster Corps, in person:
Fort Armstrong, Fort De Russy,
Fort Kamehameha, Fort Ruger, Fort
Skater, Department Hospital and
Schoteid Barracks, III. 7.
~ - q
Private James J, Hills, Quarter
MASTER Corps, Fort Ruger, H. T., will
be discharged from the Army by his
commanding officer by purchase.
34S4tss -
Private Frank Aniaz, Company NJ.
LIST Infantry, Scbofield Barracks, II.
r., is transferred to Battery G, LIST
Field Artillery, that post.
- -
IN compliance with General Orders
No. 6S. War Department, November
18th, 1913, Cd Lieut., Franklin L. Whit
ley, LIST Infantry, will proceed to
Honolulu, H. T., and report to Captain
Birch q. Mahaffey, Ordnance Depart
ment. Department Ordnance Officer.
at these headquarters. at s: 80 q. m.
january %, 1914, to take examination
for detail in the ordnance department
Upon completion of the examination,
Lieutenant Whitley will return to his
proper station.
-
Under exceptional circumstances,
leave OF absence for twenty-three
days, TO take effect upon arrival at
San francisco, Cal, OF the April tran
sport Is granted list lieutenant Rollin
L. TiIton. Coast Artillery Corps, Fort
De missy, IA. r.
- %
Privates Carl Meredith, Troop Fl.
eth Cavalry, and Ollie NJ E. Taylor,
Company d. 25th infantry, Schofeld'
Barracks, III. z, are transferred to
the Quartermaster Corps at that post.
~ ~
A general court-martial is appointed
TO meet at Schofield Barracks, H. I.
at 10 O'Clock a. m, on Monday, Jan
uary 26, 1914. or as soon thereafter
as practicable, for the trial of such
persons as may be properly brought
before Il.
Detail for the Court:
Lietenant Colonel Charles T. Memo
her, LIST Field Artillery, Captain Sam.
uel p. Lyon. 25th Infantry Captain
Grosvenor l.. Townsend, LIST Infantry,
Captain Christian BRAND, 4th Cavalry,
First Lieutenant Edward G. MoCleaEs,
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24

The wireless telegraph station at
Sayville, n. Y, got into communica-
ton with the Pacific coast for the first
time
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24

The government has Just sold 5000
cords of cedar wood for shingles from
the Washington national forest. The
shingles manufactured from this wood,
laid six inches to the weather, would
cover two and onehalf square miles
of roof. -
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24
POSTAL SAVINGS IN
PANAMA ACTIVE
by Latest NALL

ANCON, c. Mooney order sales
for October amounted to $34e.895.46.
and the fees to $1,642.S9. Receipts
from stamp and card sales and news
paper postage aggregated $9,460.62.
The total collection of revenues was
S15,02S.09. and the collection on, ae.
count OF court fines, costs and fees
$1,906.15. During the month a total
of $137 ,072 was deposited in postal
savings accounts and a total Of $780,
799 was withdrawn.
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24

The New York. New Haven and
Hartford Railroad is the latest cor-
poration to bow to the government
and win restore competition in New
England by organizing its holdings
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24
KEAL0HA FOUND GUILTY
AFTER JURY IS OUT
ONE HOUR AND HALF

CONTINUED from page onel
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24
SUPREME COURT ORDER
M0DIFIES RULING TN ,
H0RnER BROTHERS SUIT

CONTINUED from page one)
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24

&C mhsl,. daIal 4 he Queen s..
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24

Paragraph 4, Special Orders No. 4,
current series, these sheadQuarters, is
amended to direct Acting Dental
Surgeon Walter L. Reesman TO pro.
coed to Fort Ruger. III. H., reporting
on arrival to the Commanding Officer,
Coast Defenses of Oahu. for duty.
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24

Under exceptional circumstances,
leave OF absence for twenty-three
days. TO take effect upon arrival at
San Francisco, Cal, Of the April tram
sport. Is granted LIST Lieutenant Rollin
l. Tilton. Coast Artillery Corps, Fort
De missy. IA. r
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24
Detail for the Court:

Lietenant Colonel Charles T. Memo
her, LIST Field Artillery, Captain Sam.
uel p. Lyon. 25th Infantry, Captain
Grosvenor l.. Townsend, LIST Infantry,
Captain Christian BRAND, 4th Cavalry,
First Lieutenant Edward G. MoCleaye,
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24

Private Alexander Battery r, LIST
Field Artillery, Schofield Barracks,
H. T., win be discharged from the
Army by the commanding officer of
that post by purchase.
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24

A general court-martial IS appointed
to meet at Schofield Barracks, II. I. !,
at 10 O'Clock a. m, on Monday, Jan
uary 26, 1914. or ais soon thereafter
as practicable, for the trial of such
persons as may be properly brought
before ft
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24

Plfyates Carl Meredith, Troop ri.
eth Cavalry, and Ollie MI. e Taylor,
Company ID. 25th Infantry, Schofield,
Barracks, H.. z, are transferred to
the Quartermaster Corps at that post.
The day book. [volume] (Chicago, Ill.) 1911-1917, 1914-08-29
OWENS CHANGES BALLOT

Judge Owens today reversed the
decision of the election board when
he ordered the listing Of the names on
the ballot changed and a different
order used. Owens, who is now third
on the ballot for the county Judge
race, now has a chance to get first.
The day book. [volume] (Chicago, Ill.) 1911-1917, 1914-08-29

gum. Closely following LOrQ MICH
ener's announcement that the pick
of the troops of India had been called
on came reports today that large
bodies of them already are nearing
the northern landing point on the
continent.
London.-Danzig is terror stricken
and in panic from fear of invasion
by the vast Russian army that is said
to be rapidly pushing its way in this
direction, accordin gto the Copen-
hagen correspondent of the Exchange
Telegraph Company.
London.-Three British tseamers
were sunk by the Kaiser Wilhelm der
Crosse before the former palatial
North German Lloyd liner, transform
ed into a scout cruiser, was sent to
the bottom off the African coast by
the English light cruiser Highfyer.
Paris.-Germany is gathering her
complete strength for another hercu-
lean effort to penetrate the allied
lines and open wide avenue for an
advance on Paris. War Office advices
from the north and northeast all
point to this movement being at
tempted at not less than three points.
Berlin, Via Observation-Disclosures
have been issued to cneck the Rus
sian advance. Troops of the first
line, heavily reinforced by second re-
serves and members of the land
sturm, are being sent eastward to the
positions selected by the general
staff. They viii have the support of
the Austrian forces which have been
transferred from the Servian border
and of the Austrian army corps which
were started from Vienna on Wednes-
day. 49,.
St. Petersburg.-Part of the town
of Konigsburg has been occupied by
the Russian expedition which ad-
vanced Thursday from the River ALE.
The German garrison. has been fore
E. 81
The day book. [volume] (Chicago, Ill.) 1911-1917, 1914-08-29

the general staff. While details are
withheld, it is stated that the Rus
SLAMS have already thrown a formid-
able army across the Vistula and are
pushing forward to penetrate the ad-
vanced defenses before the Austrian
and German troops, now being push
ed forward from the west, can get to
their positions.
Rome.-Bucharest adVices say that
King Charles of Roumania is serious
ly i'll and that his abdication is ex-
pected.
Lisbon.-An appeal from Ex-King
Manuel to the Portuguese republic
to join hands with the allies was print
ed today in all the local newspapers.
The former king closes his appeal
with the words, II, myself, offered my
services to the King of England"
London.-BeIief that another cruis-
er engagement was impending was
aroused heer today by the position of
the British naval forces as barely re-
vealed in laconic official annonce-
ments of British victory of Heligo-
land. The British feet sunk two Ger
man cruisers and two German tor
pedo boat destroyers. A third cruiser
was fired. 1t was reported sinking.
The British ships came through the
engagement without admitted losses.
A change in the waiting policy
which has characterized Great Brit
aims naval operations to date was
indicated in the naval battle. Here
tofore the fleet has been content to
bottle up the German sea forces. The
engagement reported was solely of
cruisers and destroyers. None of the
dreadnoughts participated. Naval
strategists here believe the battle was
the encounter of British harassing
force, made<up solely of speedy YES
sells.
y
Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1914-11-29
HINDENBURC CREATED FIELD MARSHAL
In the West Germans Believed To BE Preparing Deliver
Blow in Effort TO Break Through Lines of Allies Near
While Paris Claims Two German Warships Have
Been Sunk in Operations on Baltic Sea-
BY Associated Press.

LONDON Nov. 2sWe have succeeded in making progress
at certain points, This all that Nicholas commander
chief of the Russian forces will permit himself the battle
around Lodz in which according unofficial bu, unusually credible
the Russians have gained victory the Germans
their third attempt Warsaw This statement interpreted
that the Russians have drawn Gordon the
forces from which they will have culy extracting themselves
Some PerogOd correspondents quote highest military
saying that the gordon steadily tightening that
spreading death the invaders They declare that
the only hope for the Germans for the army corps
their relief be able break through Russian lines which they
attacking northwest of LODI.
That the Germans have given hope Indicated by the
German official Of operations which tonight that the
Germans have recommended their attacks
General Hindenberg has field marshal
by the German recognition of his protecting
the frontier Of Prue and 1t said that his forces have
brought the Russian offensive stsnds and nicting heavy
losses Further south the Germans also claim have epused the
Russians.
For Their armies advancing Cscow the Russians claim
decisive success The Russians claim have captured fifteen
thousand prisoners and twenty machine guns well
as s. of the staff officers in this region.
In the the allies still awaiting the promised attack by
the German forces All between Bgum and Hol
land has been stopped and nothing known Of the German
reported that large bodies Of moving
bridge building materials believed that the
attack will probably be made n tine region of Anas.
Paris that The German Hha has been sunk
before Lbau. also rumoed that the bsleshp Kaiser Wilhelm
de Crosse has been torpedoed in the Baltic.
The British admiralty believed has solved the mystery OF
sowing the north shores Ireland British ships
have and Danish ae, which have been MAX
their headquarters the Esh the charge of laying
mines which have proved disastrous the British and foreign
chipping suapcced all along the being
placed by ships flying the flags Of neutral nations.