davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1917-08-10
PLANTERS AROUSED
over EXCESS TAXES.
Are Uncertain As To Whether II
Is Figured On Progressive
Or Straight Basis

Much Discussion mas been aroused in
business circles by the article publish.
ed in The Advertiser Monday oh the
probable amounts that will he paid by
the plantations Of the Territory under
the War Revenue Bill which is now
pending in the senate. As 10 whether
or not these amounts were figured on
the proper basis, opinions differ, some
holding that the tax IL a progressi We
one and not a straight tax rs il was
deemed to he in the table and article
which was prepared for The Adver.
tiser. X
Most of the agencies here incline TO
the theory that the tax is progressive
and base their opinions on the adviees
given by the Corporation Trust Com.
pany in circular which il has sent
out dealing with the subject. On the
nthn- hpnd rnme Of the largest main.
land corporations consider that 1t il
Hs- pirg. essINe, straight tax, which
was the assumption in the published
article. ne
Sure To Be Heavy
Some Of the agencies here are not
W NNPiNoo my VH Iut
subject, preferring to wait until they
see the final language of the law.
They say IT will be heavy in any event
and that IL Is immaterial to them 20
seek figures in advance. As on the
mainland, there is a difference of
opinion among corporation here as to
the meaning of the law. One agency
says that unless it is progressive II
would be unfair and might be held to
be unconstitutional. It's wording, how.
ever, does not specifically state. that
the tax is a progressive one and this
will have to be determined when the
law is put into operation.
If the tax is figured as progressive
IL would considerably reduce amounts
as is shown by the following figures Of
estimate furnished on Eva by the
agency for that company.
SIZE rTba ,r.nu,a for Tho nro xuor yaaro ,
The Hawaiian gazette., 1917-08-10

affairs. 1t is very troublesome. can.
not now tell you who Is minister, of
foreign affairs. Sometimes Kerensky
is and sometimes he is something else
and some one else it.o .l/
Mr.. Laskiu was quite obscure as to
his rank in the diplomat " Service. He
did not know whether he was in the
consular service, or the information
division or on the embassy STAFF but he
is going to the Washington embassy
on a simple mission. He is quite sure
Of that. q: ..N ., .Tuaas. ...
The federal government, however, is
not quite sure yet, and banked an in
teresting little sam Of money. which
was paid on his baggage and which it
might return if it ever proves that
Mr.. laskin Is a dyed.in, the,wool dip.
lumat after all. ..
The Hawaiian gazette., 1917-08-10
TWO CALLED TO coLoRS

Cabled instructions from Washing
ton called TO active duty today two
more of the recently commissioned re
serve corps officers. Capt. Harvey NJ.
Snyder of the quartermastcr reserve
corps, one Of the men called, was II
quaterhaster sergeant at Schofeld Bar.
racks when he received his commission,
Capt, VIM. J. Murphy, the second man
summoned, was formerly sergeant OF
Coast Artillery 1T TT. KamehaIheha
Both are assigned to duty at schoGeld
The Hawaiian gazette., 1917-08-10
MAYOR FERN BETTER

Mayor j. J. Fern is improving. Yes
terday morning he drove up to the city
hall and cbatted with friends for sew.
eral minutes, His illness has reduced
him in weight, and his face is drawn,
but the old time smile has not been
lost. s' 80 e..
1t may be several weeks, and posi-.
bly, months, before Fern will be strong
enough to take up his duties in the
city hall. 1t is only In the last few
days that he has left his bed for
motor ride around the city.
The Hawaiian gazette., 1917-08-10

the New Zealand Engineers, Homo
lulan, in asrcribih6 the great battle
of Messints in . letter to Albert Wal
lace Of Honolulu, "a description Of n
great event written by one who played
a mans part in Il and who has won.
derfnl gift of transferring his impress.
sions to paper, as fOaders of The Ad.
vortisef wen know,
"Tbe Day. for the Hun has come,
according to this viriie correspondent,
who writes between battles. "tHe
took to shells and gus and liquid FIRE
BE win periAh by them
Great Experiences
fof oil the experiences have had
since leaving Honolulu to join the
Now Zealand forces, two years and
seven months ago, none has equaled
that which have just passed through
1.-The battle of Messines,'' he says in
his latest letter.
81 am often glad that 1t was the
New Zealand Expeditiohary Force !
decided TO join, ior II seemed to be
selected for special stunts II is in
teresting TO see even the preparations
for such events. II is wonderful to
be actually In them.
And Il Is damned. nice to be alive
aud out Of them. ... .%
Description Dinicuit IL "a. IL.
s"H0w can ! convey TO Won my i'm
pressiohs Of these operationsi 1t is
some job, for in these days the pick
with me Is mightier than the pencil.
am not an artist, and il were ]
would require rest and leisure before
attempting to draw word pictures Of
these EVENTS And IL I did succeed
In portraying them, you, who live in
Pacific Paradise, would not, maybe,
thank mo for the result. p IN
b.. "You want a thrill; you desire
beauty. What beauty is there in blastl
cd villages, in shell SCARED fields, IN
mud, and blood, and dusty deadi Only
the beauty of courage that remains tn.
shaken through il. Man Is the BRAY.
est ofgstl animals. - a. 'a $685.
No Rough and Tumble ..a. -.
A modern battle is not at all like two
indiyiduals having rough and tumble
scrap in the street, II is like fight for
the worlds boxing championship, for
which the contestants must have months
Of training. We had to prepare our
jumping of position. We had to build
fort 10 attack fort; TO construct q
network of trenches in which to conceal
the men and weapons that were to eff
fert it's capture, and we had to do 1t all
for Mess;nes IL on n bill and we were
~ tka hdttor ~ the hill
Eyerv Disadvanta1e 1885,.
.rnWe wars ~ ! desnprate a,sadvan.
tags W. Ind m Face nm nnb;II 6gbt
Tl,s arm so;I was b;s, the boqgy valley
WAS nur, Pie odds sbould all have
,msn N NJ. favor, He knew we IN.
tcnJed 10 attsclk,S He ,d;d an he could
10 stnn our nra,,arations He made his
strongboId dophiv strong Rut We heat
In, W. hIastsS Nm, nS and 5rove rim
n',t t,,.,;aa M fnrts intn ,,risons anJ
tomhs 81; III frnons ana INV u 10 our
I'm 81 looL anwn. "a 10 Iot N ,ool,
~, ~" - " b". ho bas inst an,, Ssrnot ro
s,a;r - - -
''I Lrov w vii he s,x;ons for n,
ao.onat ~ m" xns.;a NO. - AZ a.
ao Ill, ~ ~ tall 900, &c tho 49,
,,Torod Lv tLs Nav Zealand Enninonrs
pau y '"o ',.' W" =, f''"'""u i'"s'n'o''
m..n.h r,ous..,o.,,,,r 80, 81;
g W., no go &C. ,ho s. 90
,,onahns s.",na WosS;nns tho go n ~
80 M n,aSoJ harn. ,y;tb hnra
thronnhort 10 winter Fho snr;nn
weStbcr woa Iopg in coming md ws
of.I. ,.o.lud ~ 80, .xos.,,,.7 H.
The Hawaiian gazette., 1917-08-10
in the draft.

ian no longer be violated, and the
minority no longer suppressed) an
empire will blossom forth governed by
\ parliament and democracy in which
he ministers wilt be appointed. and
maintained by the peoples choice and
yilk-be responsible to the people, no
longer to an individual" ''...'
For the German people has matured
IN these years of infinite suffering; it
has grown out Of its swaddling clothes,
e no longer needs guardianship. 1t
8 tired of 1t. IT.
Sire! Docs not the feeling Of the
terrific responsibility sometimes weigh
heavily upon you in sleepless nightsf
How light you would conceive the bur
len If the nation itself helped you to
AIRY it, sharing in the responsibility
because sharing in the government.
No Peace With One Man
SirCi The peace after such war as
his cannot be concluded between the
caaers OF democratically governed
'ands, leaders elected by and response,
HE to their countries, on one hand, and
one lone authoritative man, on the
,ther, who, under the constitution, is
he only one authorized to make peace,
md owes his power not directly to the
people but receives it from the super.
natural supcrhunian idea of divine
right.
The new Russian government and
Wilson In America--the most peace
owing among your. enemies--are only
waiting for YOU TO step upon the road
d. ~ %
md Wilson are waiting for you to do
% hrrnusr thnt would make it pos
>iblc for them to hear the voice Of your
nation aud negotiate with it's chosen
representatives.
For this is the crux; to find basis
Hron which man can speak to man. Not
monarch to subject. Not master to
servant. Set master to the enemy.
Republic" is the only word. vii
son and Krrensky have no idea Of
propagatin% that form of government
for GERMANY. They propose to make
peace only with II government respOn-
Sihle to the people, peace which the
whole nation represents.
The domestic political Guestion-real-
iZe thu, Your Majesty---is the most
important in reaching an early peace,
1t is far more important than prob
able of improbable victory in the west
which the German high command per
haps stiIl considers possible. For in a
future WOO ld-cmpire--the only imper
ialism Of the future will be that of
manufacturing successes will no
longer be in consequence.
Approaching an End
The military age in which 1t was
still possible to decide wars by the
force of arms is approaching an end
Already today it is no longer the
armies hut it is the peoples that are
combating each other. More import
ant than the soldiers might is ecOno.
mic power, Mare important than eco,
monte right: the power of civilization
(Kulturmacht). Mt...' ..
Be the first monarch to renounce vol
unfairly his fictive rights and bow to
the arropuguG of human rights! Your
name viii then be mentioned as truly
great in all the news books Of history
in which not the chronology of coal
tiors hIt the spiritual history of man
kind will he written down.
Then YOU will found the people ;,
Kingdom of the Hohenzollerns upon
rocks, while today it is more u cloud
castle, which, unless you recognize the
time, will swiftly vanish in the raging
mounting storm. b..
am Your Majestry 3 devotest.
KLABUND.
The Hawaiian gazette., 1917-08-10
7. r. FARM PIG DIES
AT ANTHRAX STATION

Another r. =. Farm animal has pass
ed away. This time it is pig, but
whether its death was from anthrax or
not cannot be learned. The pig, which
was moved from the Manoa anthrax
grounds with the other Farm quadfu
peds 70 the new anthrax quarantine sta
tion in Ala Mosna Road, was well on
Sunday evening. Monday morning IL
was dead. #.N
The Hawaiian gazette., 1917-08-10
AN IMPROVED QUININE
DOES NOT AFFECT The HEAD

Because OF It's tonic and laxative effect
LAXATIVE BRoMo ouININR win be found
better than ordinary oninine. Does not cause
nervousness. nor ringing In the head, Re-
member, here Is only one "Bromo Outline
the signature Of 4. W. Grove Is on eae::I>-
The Hawaiian gazette., 1917-08-10
KEEP 1T HANDy,

Immediate relief is necessary IN, TT.
tncks of diarrhoea. .Chainberlain =
q lie Cholera and Diarrhoea Remedy
should always beyon hanIi, For sale hy
al dealers. Benson, Smiths Co., agents
for Hawaii, ~.. -.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17

- No. 20.4O6
C. T. Ratliffe, Appellee,
VS..
Bertha A. Cease. Appellant.
Appeal from Sedgwick County.
(Second Division.)
Affirmed in part and Reversed in part.
Syllabus. BY the Court West, J.
The plaintiff contracted with the defend
ant for one hundred dollars to procure for
her an exchange of her property for that
of one c, and fifteen hundred dollars to
boot He arranged with to pay the plain
tiff five hundred dollars and the defend
ant one thousand dollars, but reported to
the defendant that thousand dollars was
the most boot he could get C to pay, as
surfing her that he was working for her in
terest. The defendant contracted with G
to exchange for one thousand dollars. Be-
fore final delivery of the papers she learn
ed that was to pay the plaintiff the five
hundred dollars, but went ahead with the
trade.
The plaintiff sued for his commission of
one hundred dollars. The defendant set
up the fraud and counterclaimed for the
five hundred dollars retained by the plain
tiff. Held. that by his conduct the plain
tiff lost all right to his commission and
in addition thereto became liable to his
client for the money so wrongfully received
and retained by him.
All the Justices concurring.
A true copy.
Attest d. A. VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
No. o0.936.
The State of Kansas, Appellee,

No. oo936.
The State of Kansas, Appellee,
Ed Rowland. Appellant.
Appeal from Riley County.
REVERSED.
Syllabus By the Court. Dawson. J.
1. The belated endorsement of names
of witnesses upon an information charg
ing a criminal offense is a matter within
the sound discretion of the trial court !;
and, where it does not clearly appear that
the defendant was prejudiced thereby, the
granting of permission to endorse the
names of witnesses on the information
when the case is called for trial is not
error.
. When direct, positive and legally suf-
ficient testimony to support the criminal
charge stated in an information has been
introduced in evidence, the fact that GER
tain features of some merely corrobora-
tive evidence also introduced objec-
ton were incompetent is not ordinarily
of such gravity to neceSsitate rever-
sal of the Judgment.
s. The evidence urged in support of a
motion for a new trial examined and held
to show that parties interested in the
prosecution prevented the defendant from
making effectual preparation for his de-
tense and that the result deprived him of a
fair and impartial trial.
Johnson. c. J., Porter, J., and West, J.,
concurring.
dissenting.
A true copy.
Attest: D.A. VALENTINE,
. (Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
No. 20,696.
Eugene Wideman, Appellee,

Eugene Wideman, Appellee,
Adrian L. Faivre and Lester Faivre, Ap-
Appeal from Clay County.
AFFIRMED.
Syllabus. By the Court. Dawson, J.
1. 1t Is not error to override a motion
to strike out evidence when the objection
to it is not disclosed and when its i'm
propriety or insufficiency is not apparent
2. Rule followed that where questions of
court upon substantial and competent evil
dence, such determination is conclusive on
B. The doctrine of estoppel cannot be
invoked to settle the ownership of hedge
fence when the issues of fact raised by the
parties are so determined by the evidence
and the findings of the court as to pre-
clude the operation of estoppel
f. Before the doctrine of estoppel can
be invoked to settle boundary line or
line, it must first be established that the
parties have recognized the boundary line,
or recognized the fence as the division line,
and when the facts are resolved to the
operate.
). Duty of trial court or jury in de-
termining the facts from conflicting tesu-
mony discussed.
trees on her own land and cultivated and
cared for them, they are her property and
although they are growing near the
boundary line of neighbor, such neighbor
trees are doing him an injury he may be
enJoined from meddling with them.
l. Certain constitutional limitations or
the scope of section $50 of the Civil Code
discussed.
All the Justices concurring
A true copy.
Attest: D. A VALENTINE,
tSeal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17

No. 20,737.
. Elizabeth DeCrow, ct. al, Appellees,
VS..
Jane Hardness, ct. al, Appellants.
Appeal from Scott County.
REVERSED.
Syllabus. By the Court. West, J.
1. An instruction touching delusion of
which there is no evidence except the pre-
ference shown by the will, criticized.
, charge that in deciding whether
the testator was of sound mind when he
made the will the jury might consider the
reasonablenesS or unreasonableness of the
manner in which he disposed of his prop
erty, and that if they believe that man
of sound mind would not have been likely
to discriminate between children he did
in his will they might consider this with
other circumstances in determining the
question of his mental capacity, held error.
B. In the absence of a showing of
mental incapacity or undue influence it
is none of the jury's business what dis
position the testator made of his property.
All the Justices concurring.
A true copy.
Attest D. A. VALENTINE,
lSeal-] Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
No. ,2O,739.
Dora Harris, Appellee.

No. ,20,139.
Dora Harris, Appellee.
VS.
Hugh Morrison, Appellant
Appeal from Greenwood County.
MODIFIED.
Syllabus By the Court Marshall, ].
l. An order denying a motion to strike.
VIII not cause reversal of a judgment,
where the defendant was fully informed
of the nature of the plaintiffs cause of
= In an action to determine the owner
ship OF the residue of property left after
which action is prosecuted by one to
whom the deceased person had contracted
to leave the property at his death, against
the deceased person. judgment against
the beneficiary is final and conclusive and
Wlll be binding on the executor in the
final distribution of the estate. where the
beneficiary is also the executor.
J. Error in the exclusion of evidence will
not be considered appeal, where the
the hearing of the motion for new trial.
4. In such an action as is mentioned
tiffs husband, who is not Il party to the
action. is a competent witness by whom
to prove the contract between the plain
tiff and the deceased person, although the
plaintiff and her husband may be occu-
plying part of the land in controversy as
homestead.
5. Where a petition states one cause
of action and the evidence tends to es-
tablish that cause of action. it is not error
any election between different phases of
the evidence.
6. The evidence has been examined II
was sufficient to establish the plaintiffs
cause of action, the defendants demurrer
to the plaintiffs evidence was properly
overruled.
Z. A Judgment will not be reversed
because of the failure of the court to make
detailed special findings of fact. where
no findings are presented by the par
ties and where the court makes special
findings which are somewhat general in
their nature. but which cover all the issues
involved in the action.
s. In such an action as is mentioned
in section of this syllabus the con-
tract may be performed by deed or will
o. Cathcart VS.: Myers, 90 Kan. T27, 156
Pac- 751, followed.
10. In such an action as is mentioned
in section > of this syllabus. where the
defendant testifies that he never heard of
such a contract until after the action was
commenced, the plaintiff may. in rebuff
tai, testify to a conversation had by him
with the defendant. in which the CONVEX
sation with the deceased person was de-
tailed.
IL No secondary evidence of the con-
tents of 4 letter offered or admitted.
in section 2 of this syllabus. Judgment
should be rendered in favor of the plain
tiff for all the property, WHERE the con-
tract and its performance on the Apart of
the plaintiff are proved and are found by
the court, Notwithstanding that the de-
PENDANT has claims which may be allowed
by the probate court against the estate
of the deceased person: and Judgment
decreeing the defendant to be the owner
of part of the property. based on such
claims. will be reversed.
| All the Justices "oncurring.
A true copy
| Attest: D. a VALENTINE.
! LSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
No. 20,635.
C. G. Davis, Appellee,


Appeal from Sedgwick County.
Division Number Two.
AFFIRMED.
Syllabus. By the Court. Dawson. J.
1. Rule followed that possession of prop
erty under claim of ownership is sufficient
title to maintain an action against a wrong
doer for damages to the property.
.. Where a corporation has been infor
mally abandoned or dissolved and the
rights of creditors protected and the cor
porate property apportioned and allotted
to the shareholders. and the corpora ton
instruments conveying the property in ac-
cordance Herewith. an allottee who had
taken possession pursuant thereto may
maintain an action for damages to the
he did not receive formal conveyance of
title until after his cause of action for
damages accrued.
8. Where the civil code 6 320) forbids
parol evidence OF transactions with de-
need not fail but may be established by
circumstantial or other competent evidence.
T. father. mother and their two sons
exclusive shareholders of its stock TIE
minutes of their corporation records show
that they determined to wind up the cor
porate business. arrange for the payment
of its debts, and apporton the corporate
property. One son was allotted one hun
bred and twenty acres of the corporate
property and entered into possession The
| father mother and the second son were
jointly allotted the remaining three-fourths
of the property and the father. presi-
dent of the corporation. was authorized to
execute deeds accordingly and to convey
the interest of himself. his wife and the
| they shall respectively designate. The
minutes of later meetings. participated in
i by the father, mother and second son.
| show that they had determined to have
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
No. oO.6s7.

No. oO6S7.
Theodore Steinbruck ct al, Appellees,
Milford Township, Geary County, Kansas,
ct al, Appellants.
Apneal from Geary County.
AFFIRMED.
Syllabus. By the Court. West. J:
1. Municipal bonds are not issued until
they are sent out, delivered or put into
circulation.
, The bonds here involved had not been
issued when the curative statute, chapter
81 of the Laws of 1915, took effect. yalida-
ting all such bonds ISSUED prior to the
passage of this act" hence such curative
act does not apply
All the Justices concurring-
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17

No. 2O,379.
The First National Bank of Garden City,
Kansas, Appellee,
vs.
e. S. Stroup, Appellant.
Appeal from Saline County
REVERSED.
Syllabus. By the Court. Burch, J..
1. Judgment may not be rendered con-
trary to the general verdict sustaining sew
eral defenses to an action. on special find
ings of fact, unless the special findings de-
feat each defense.
.. Special findings of fact considered,
and held to be in harmony with the gen.
eral verdict.
All the Justices concurring.
true copy.
Attest: d. A. VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
No. 2O,47S

NO. 2U,4lS.
Henry Stuckey, Appellee,
VS..
w. d. Irwin and Elsie Irwin, Appellants
Appeal from Cherokee County
Affirmed as to w. ID. Irwin,
Reversed as to Elsie Irwin
Syllabus By the Court. Marshall J.
1. Where two parties are Jointly sued
on note and on an account and the evil
dence shows that both parties signed the
note, but there is no evidence to show any
liability of one of the parties on the ac-
count. the court should instruct the Jury
that the party against whom no evidence
has been introduced on the account is not
liable thereon.
2. The evidence has been examined.
There was no error committed in the ad-
mission nor in the exclusion of evidence
B. The instructions given and those re-
quested have been examined Other than
as indicated in section 1 of this syllabus.
there was no error in the instructions given
nor in refusing to give those requested
All the Justices cOncurring.
A true copy.
Attest: d. A. VALENTINE
(Seal.) Clerk Supreme Court