f

f

!

)

VOL. XX.Ym.-N- o. 44.i

Hawaiian Gazette.POaUSUED

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1372

WHITNEY, Business Manager

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OFFICE :- -I3 Kaahcxaxu Sibis,iJW Honolulu. H. I. t

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Aad NoUry Pabllc Attends all the Courts of1S56 the Kingdom. y

J. ALFRED MAGOON,

Attorney and Counselor At Law.OFFICE 42 Merchant Street.

Honolulu, H. I.1S48 r

wic.acjLxaTX2ts,FEXX.oiTaaEi.?,HX&XAmt rocxz,Honolulu. Honolulu. Honolulu.

ED HOFFSCHLAEGEU At CO.King and Bethel Streets,

H. L,Iaporteri aad Herctasts,

1S56

H. Ii. HOLSTEIN,

a.t XjCotucnoss Peox rtT A txsded to.

JJ7J KOHALA, HAWAII. ly

KOrAET PUBLIC

rsou.noe

S00:i000;

SOOChTSOO

5000

rates

($6.00)

ROSA.

Honolulu,

JOIO IX.and C0HHISSI05EB

cf DEEDS

For the States of California and New YorkOSce at the Bank of Bishop & Co., Honolulu.

1356

J. M. WHITNEY, IK. D., D. D.

Dental Booms oa Port Street,ceia Brewer's, Block, corner Hotel and Fort

1356 y streets Entrance. Hotel street.

WILLIAM 0. SMITH,

ATTORNEY-AT-LA- W,

66 Fort Street,I356-- y

Honolulu.

E. G. HITCHCOCK,Attorney and Counsellor at

Oflce at H1LO, HAWAII.-- N B. Bills PboittltCollxctid."

1372.1t

WILLIAM C. ACHT,Attorney and Counsellor at Law, and

Beal Estate Broker.ATTXSSS ALL TBI COUBTS Or TEX EtXSDOX.

OFFICE: No. 36 Merchant Street,Honolulu. H. I. ly

Mfi. W. F. ALLEN,

AN OFFICE OVEB MISSES. BISHOP kHAS corner of Merchant and EaahnrnisnM- streeU,and he will be pleated to attend toasy

cslseca entreated to him.

lsweioo

lSESm

IX. E. .UcIXTYRE Jc BBO.VQ )eery. Peed Store and Bakery.

Comer Kinjr. and Fort Streets,1356 Honolulu. H. I. T

THE WESTERN AND HAWAIIANInvestment Comnanv.

(LimlteaMoney loaned for long o. eaortperiods,

OH APPROVED SECURITY.Apply to W. W. HALL, Manager.

1356 us-OI- Beater Block. Fort St, y

SusmtSS GJuTUS.. Sutdal NbttCrs. ' I Hshmen in their own waters. As mmher she gut over there, 9

.: however, that sousing Valkyrie was jBfl

gvELbAltlCUUo, nnidVrCI.L.AriBCJUa fr t leaving her a big question. -

BISHOP & COMPANY.

BANKERS.UONOLrLU, IIA1VAIIAX ISLASDM

THE SMKOF CSLIFORKU. SflJi FRANCISCO

HESSRS. K H. ROTHSCHILD S SQ8S, LOHDON.

DRAW ril'LUlflui (111(1 BB8&&S&ii&Via08z; point, mmnt also Mx,w Vorte. noon. rari jf0. MERCHANT SEfflE(ffl ifP But then it was seen MJ

.r?ft4i XKSfcSssasasJsasui, and that .nIIshi

mu IilBkiTK. nfLosdor.

success when

wake

Mill

v,QancraiThe Coaaerdsl nWf r 0

TheBakof Ne Zciliaii.AsciSrna:Well'lartoa ctri,,cl"sh, Daaedlnarfi

ToertsoaDk f BrW,h ColEnhla- - PottUad,TheArorcsnd5IfieIra Islwid.Stockholm, Swedes.

600 1000 i lotJ-tvter- cd Bak o. Iadii. Anstralu and

PATV,

Law.

HW -- "".2000 J HoartoaK.Totohan., Japaa. Andtraasacta00 135o General Bankiat Basjnesi y

30 CO

00000

of

in,

S

to

.,

Pn

cj

24

E. in VigilantLIMITED.

laporteri ia Hardware,Plows, Palats, Oils aadGeaeral 3Ierchaadie

OFFICEKS:xSSt,?" --President aad Haaagerw2 becreuryand Treasa?ex

Allen AcriltnrThos Slay and F Wnndeabarff .V.DlrettoS1S56 Corner Fort and King Sts y

.L3WXXS. SVI3T. C.a.CCOKX-- "iiRS COOKE.Succesore to Lxwxss 4 Sicxaox,Inporteri ad Bealert ia lumber,

And all kinds of Baildlng Materials,1356 Fort Street.lloaolaln. y

EMPIRE HOUSE,OLDS. : : : : r : : : : ProprietorCorner Nanaan Avenue aad Hotel Streets.

Choiceisso

Aloi, Wine, and Liqnon

E. S. CTJNHA"

Sl.otia "CCTiaio ZoaIor.tnaoN saxoon,

Inrearof the "Hawaiian Gazette" building1356 S3 Merchaat Street.

HONOLUliU IRON WORKS COstSpfy Steam EBRiaes.SccarMillB. Boilers,,. .tnlfil'iiiM, Coolers. Iron, Brass and Lead CastingMachinery of Every Description

Oruer. "53Particalar atteatioa paid to Ships' Blackt

smithins;. J0C WORCexecntedoa thuhortes-135- 6aotlce. y

H. W. SCHMIDT & SONS,

.fi.orir. &l Comniesioa MMh -

Honolulu.

J. S. SMITHIES,

AND AGENT TO GRANT MARRIAGE

LICENSES.

Mahukoua. Eobala. Hawaii. 1415-t- f

JOICT T WATERHOVSE,IHP0ETEE AND DEALEB IS GEKEBAL

1!56

No.

HEECHAKDISE..Street. Honolulu

Sjdaej,

DcJers

XIIEO. DATIES & Co..Iiaporteri Costnluion Karehaati,

AJfD 701.Lloyd's and the Liverpool Underwntere,British and Foreign Marine lrsuraj.ee ICo.

ltw AndNorthera AMuranee Ccmptay. y

WINE CO.FRANK BROWN,

25 and 30 Merchant Street, - Honolulu, H. I.IgS-l-ri

E. WTT.T.TAMS,

Icporter, Hannfacturer, Upholsterer,AJO HEALZB IS

FURNITURE OF EVERT DESCRIPTION,

Pianos and Sftxsical Instruments.136 105 FORT STREET. ly

G. W. MACFARLANE &Importers and Commission Merchants,

Honolulu, Hawaiian Islands,rs roa

Mirrlees, Watson A Co- - Scotland Street IronWorks, Glasgow.

John Fowler 4 (Leeds) Limited Steam Plow1356 and otrre Works. Leeds. ly

IX. IXACKFEL.1? 6c CO.,General Commission Agents,

1&55 Queen Strcet,Hoaoluln, H. I.

HYJ1A BROS..Importers of General Merchandise,

rzoxFRANCE, ENGLAND, GERMA- N- AND THB

UNITED STATES.1373-- No. 5S Queen Street, Honolulu. H.I,

HYMAN BROTHERS.Commission Merchants,

Front Street, San Francisco.Particular attention paid to filling and shipping

IJ7J Island orders. y

St. Matthew's Hall.SAN?'TE0, CALIFORNIA.

A School for 1. ys. Twenty-sixt- h year. SendCatslojrse.

Est. Alfrsd L., Brewer. E.ctor.

13S5 ly

C. HUSTACE.(Formerly with B. F. Bolles i Co.)

Wholesale and Retail Grocer,111 Klne Street, under Harmony Hall.

Fa.Uy, Plantation, and Shins sitd--piled at short "notice. New Goods bysteamer. Orders the other islands faith-fully executed.

1356 TSLEPHOSE X 0.119. J

HONOLULU, TUESDAY, a OCTOBER 31. 1893. WHOLE No. 1503. M

In

206

for

the the' INT ,

5

aHAWAIIAN ' L 7 - '"ft -- Zyvg? but tho Vigilant was working up to M

, Y $&& windward. pcoplo began to cal-culate flia "'""V l-- M

' S5"-S9SpL-& ,-- . that an eighth of a mile Siii . ) rn'JK A ' - fil I xHSHSP in goingono mile meant fifteen eighthsUlCTniUU nil itln ln -- 5 7 Ke523BK3SEiKi&'x:y a mllo iu working out tho 19Ka

EXCHANGE ON 3, 3Bi4WX anil tliat a

8T. ?s? the

gain of am

"

&

C.

age

S.D..

StAreaevery

irom

y. M. latctiGeclBrowaW. CistieJ. F. Brovrtt.

. V. Frc-i- r

HONOLULU. H. i 'lffaUw'KMVVV vsSgsSI3aEKPr?ll22gf boat not all It seemed to 1HHisr laWl MSBf.

ir.$f5 Si0330 ff lWmVv mg&&Bb "Jimminy.butthlsisgoingtobea WM'1cetary 'lltwW surprise to this great land of tho jManaser JSIf b VJKfSxrf tho down-hearte- d said. 9g

O.HALL&SOX UU property the Kingdom. the now

ASXXTS

HAWAIIAN

Ihia OotuiKvnj- - la prepared to searchrecord3 furnish abstracts of title to

Parses placing loans on. or conteruplating the purchase of estate find itto their advantage to consult the companyin regard to titie.

iBST-A- ll attended to with prompt-ces- s.

Bell 'Oieuhnif 25- - P. O. Bor 15.

DKS. ANDERSON UIHUT.

Hotel St., Dr.J. S. ifcGrov'

3ey-G- ADiUNISTEKEU

Canadian PacificThe Fijcocs Tounisr op tbi Would.

$5 Second and $10 First Class.

Less than by Othor Linos.

To Aix Ponns is Tnc UNITED STATES

akd CANADA, via Poetiasd; Tacomju

Seattle, Vicioeia asd" Vascouvei.

atOUXIAB? EZSOETS,

Banfi; Glacier, Mount Stephen andFraser Canon.

Eaprss. Line SteaQsr. from V..toi-e- :

Tickets to all points in Japan, China, Indiaand aronnd the world.

I-S- For Tickets and General Information

THE0. H. DAVIES &

Canadian Pacifio Railway for1426-l- y Hawaiian Islands.

PIONEER STEAMCandy Manufactory and Bakery,

T . 33C O 4. ,Practical Confectioner, Pastry Cook and Bsker

1356 71 HotelSt..bet.Nnnannandort y

MISS D4 LAMBNotary Public

Office of .J. A. Maroon, Merchant street,near the Poatoffice. 1131-l-

F. A. SCHAEI'Iir. CO.Importers & Commission Mrc's.

1356 Honolulu, Hawaiian Islands. y

M. S. GKINBATJM & CO..--X1CPO TEBa OF

GenT Morchondiso and Commission1356 Merchants. Honolulu. H.I. y

M. S. & CO.,

Commission Merchants,No. 215 Front Street, San Francisco, Cal.

Post Office Box 2603.

1356 y

WIL.DEK Ac CO.,Corner of Fort and Qseen Steets, Honolulu,

Lumber, Oils, Nails, Salt&Bnildins1356 Materials of every kind- - y

Hawaiian Annual.

NO HAND-BOO- K EXCELS THEHAWAIIAN ALMANAC and ANNUAL

for reliable statistical and general informationrelating to these Islands. Price 75 cents; ormailed at each.

THOS. O. Publisher,134S-l-y H I.

GOLDEN RULE BAZAAB!

HONOLULU.

AGENT FOB

California Ootical Co's.SpectacIes and

Eyeglasses.3B "" Assort tftits will be scat to other da

for the convenience of those who cannotcome to Honolulu. 1465-i- y

Pianos For Kent.

COMPANY

PfANOBINGOOD OKDKBfrom34.00 to $7.00 per month.MU8IO DBPABTMENTOFTHE HAWAIIAN NKWS

8264-- 0

IV ."y-s- - xfv At end ot the first mile ma--- '4P

1

" l Somegained

ii I 1 of tolll.

CO.,

5

S3lSPI5f I - which would bo well nigh a J- --r v rr nrr i vt :i?-- vz &7z?'sZBK?2tA?i2. ";m

that. r-

- 5vwftlv 3&&ii iJ3&?P&- - pointing was doing her some 3

good, tho tho

and

and

Co.,

l was be. Still'

GRINBAUM

--sIPS? 0 iTaWAuvV S2gseilp5ePT? werc making excuses of &

' ':: free,"Treasurers ones

-

Agents

Paints,

THRUM,Honolulu.

instead

Auditor ilS!ls.. A. ffl w c3SSaE&&" At five miles out the Valkyrie was MM"yrpj tj7 Tiff yvvlvi i iiyi . ' v aMaa.!nfaei t rp a quarter a a

sSfegHB9H?9Mkii0HitfB3Mkfi:Sf!ZI wasn't nufto so bad, Although It didn't IJI ' '' '" ' "I offer a deal of But"encouragement.IlggL.fepJiL- - seen that was

Queen

CO.,

Loco

and

real will

orders

t'DENTISTS,

opj..

Houtz

cf

abroad cents

j " holding her own much better. At

""EP----S

THE CUP DEFENDER VIGILANT.The yacht Vipilant, selected to defend the America's enp against the Enrfish

yacht Valkyrie, owned by Lord Dnnraven, is the property of a syndicate of Newlork yachtsmen, who will have expended 5100,000 by the time the cap races areOTer. E. D. Jloryan and C. 0. Iselin head the syndicate.

i ' yn.mmmmMm

Bltt XwWWwSaVvvCWcW.JBiiiilisatf-lM,2-

rEa7 ",'' J!'"3 , " .'ft iJur-- Sl

THE CUP CHALLENGER VALKYRIE.

THE GREAT YiCHI RICE.

Spirited Sketch By anWitness.

Eye- -

Xew York, October 13. The "13"in the date was an unlucky one forthe Valkyrie. But for an accident shewould have won the third of the racesfor the America's cup, and had afighting chance to take the trophyback to the tight little isle.

But she lost the race by the "nar-row squawk" of 40 seconds, and notvthe yachtsmen are saying it would bethe proper thing for the Vigilant peo-ple to do to say they will acceptthe victory, but sail the race overagain.

The Valkyrie was a surprise toeverybody. She toyed with America'spride in going to windward, and hadit not been for a split in that magni-ficent spinnaker of hers would havecrossed the line either ahead of theVigilant or so close behind her thatthe time allowance would have givenher the race.

There was at last wind enough thewind which the Englishman has beenpraying for all' along, and whichwould remind him of the nasty wea-ther which makes his dreadful chan-nel the worst place for seasickness ofall the wind-smitte- n seas. That littlehurricane which sported with Floridaand rushed up along the coast, tear-ing things as it came, caught KewYork anil Sandy Hook in good timefor the race. It blew thirty miles anhour before the start and Increased asthe race progressed. San Franciscanswill know what that means whenthey think that thirty miles an hour

son and .Lime i'olnt."TDey've wanted a

cot it." said Mr. Iselin. witha splendid in his tone.show them that a center board is bet-terth-

a cutter In all weathers."Nearly everybody felt the same

They said the Vigilant wouldproDaDiy mane tne 15 miu- -utes this She had made it 12 ,

minutes and more in v twenty-mil- e

breeze, and with a gooo half gale sheought to Increase this i y somethinglike a quarter. j

mere was some anxiety f o see what

B

paratory was given she was sofar away that she hadn't even a hopein sight.

The Vicilant was on hand maneuvering for position and standing to herworK in an encouraging manner. Jiadshe chosen to be technical she couldhave had the race won before the fir-ing of tho starting gun, for the Eng-lish yacht would have been so far be-hind the start that she couldn't havecaught up without steam or electri-city. But there was no attempt totake advantage, and the start was de-layed long the agreed time inorder to give the Valkyrie a fair runfor the coveted prize.

"Bang!" the preparatory gunboomed again.

The ajrreed startimt time was 11:25.but the Valkyrie was so dilatory thatit was an iiour later wuen tuo secondpreparatory gun was touched off.

"Boom!""They're off!" shouted everybody

who wasn't too sick to shout.They both crossed the line together

at 12:l7, the Valkyrie to windwardand going like the driving scud. Shehad the windward position andseemed able to hold it.

"By the eternal! Look at thatEnglishman go!" exclaimedSchuyler, with a select party."The Valkyrie's outfooting the Vigi-lant as sure as I'm a lubber."

It was a fact. Inch bv inch thatlong black nose.pointed out in frontof the long white nose, and those sails,trimmed flat as a white wall, keptsuuiung out toe

"Tho extra lead was what shewanted," said Englishmen and Anglo-maniac- s.

"Oh, we'll catch her all right," saidthe American enthusiasts, attemptingto cheer a haggard hope. "She's al-ways got away in the lead, butcould'nt stay there. Wait till oldCap Hanson gets the Vigilant downto business. Then she'll make LordDunraven think he's on a mud flat."

Both yachts were smoking throughit The spray dashed from them incascades and their decks were as wet

in the channel between Fort Ma- - "?' "'teSSon they sailOn,

on, every filled towind now bi'mau puiutj ooiu uowspnis

they'vedisdain "We'll

way.beating

time.

signal

after

"Bobo"

vigilant.

tnreatenincr to buckle: tonmimfhoused, and everything stowed safeand snug.

"Why don't Hanson ease her off abit!" grumbled the blue-nose-d andfidgety ones. "He's keeping herpinched too close."

"Hanson knows his business," re-torted others. "Just keep an eye onhim and see him gain a tack on theEnglisher before the outer markreached."

However, away went the Valkyrie,result that extra ton of iL ide ballast and the Vieilant had a splendid view

in the Valkyrie yesterday would ot tne overhang of her stern. Theave, but the confident Americans wind got fresher every minute and the

sneered at it as a death-be- d repent-- 1 sea more lumpy. Both yachts stoodanceand an experiment which was i upallrightundertheircanvas. Even ifbeing made a short time after the cir- - ' tfae Vigilant was dropping behind shecus had moved on. was answering the sneers of those who

The Valkyrie was behind time said she couldn't do anything in badbadly behind time. Her wheezy little ' 'weather. Her work today proved thattug couldn't get her up to the mark 8ne would have no trouble in crossingagainst the gale, and when the pre- - ' the Atlantic to race the boastful Eng- -

Val-kyr- io

was an eighth of mile ahead,

turn-ing de-feat, dis-grace.

Vlgi-lant- 's

the gain was steady, and Americansboast-

ing.

of mile ahead. On this basisher lead at the stakeboat would onlybe three-quarte- rs of a mile, which

times she seemed to bo gaining, buttacks were such that it was hard tomake anything like an accurate esti-mate of the distance separating thetwo.

At ten miles out the Valkyrie didn'tseem to have increased her lead, andit began to be seen that the Vigilantwould only make three tacks to fourfor the pride of all England in order

it .EBreal was Si

3XT

-- W

not

out

gale

is

to get around the outer mark.Then the Valkyrie put on another

spurt, went right up for tho stakeboat and made a beautiful turn at2:33:40. At this time she had a leadof nearly or quite half a mile.

Once she rounded, her spinnakerblossomed out as if by magic. Outwent her main boom, and with everyinch of canvas strained she wentstreaking out for home, while thewhistles tooted and all America wassad and sick at heart.

On came the Vigilant, making agallant uphill fight. She was overthree minutes ISehlnd when sheturned, and three minutes in a fifteen-mil- e

run, with one minute and thirty-fiv-eseconds to be tacked on to that In

the way of time allowance, means agreat deal. It didn't seem possiblethat even the Vamoose could catchthe Valkvrie. stretchim; forward freeand far away there in the lead.

"She's gaining!" shouted theAmericans, pop-eye- d with excitement and getting sights on shorepoints to compare time. " She's gain-ing fast!"

Sure enough she was. At the endof five miles that half-mil- e lead hadbeen cut down to a quarter of a mile,and it was lessening with every foottraveled.

"She'll catch her in the next fivemiles" said the hopeful.

"But can she make up the timeallowance after that?" Inquired theanxious.

Steadily tho Vieilant drew un onher fleeting rival.

"They're even at last" said thoseon watch.

--At the end of ten miles all thatgreat lead had been Overcome. Thetwo clouds of white canvas were to-gether again.

Wrack!Those on the Valkyrie heard a sick-

ening sound. It seemed as if theheavens had split. Looking up theysaw a rent in the spinnaker that silkspinnaker which had called for somuch admiration when it was firstset, and on which was placed the chiefdependence In a run before the wind.Another was sent up at once, but thedelay was fatal.

On went the Vigilant, gaining nowfaster than before. She soon showedcleaa water between her stern andher rival's bowsprit. She kept righton, witnout tue sign oi an accidentright on to the finish line, strugglingto make up moro than 1 minute and33 seconds of time allowance.

And she made it.The cantiou boomed again, the

whistles put loose all their pande-monium of sound and the white de-fender flew over tho lice well in thelead.

Then out came the watches. Howthe seconds seemed to fly! Could theValkyrie still win? Every secondcounted, and hearts kept time to theticking of the watches.

Boom! went cannon again.The Valkyrie had crossed the line

just 2 minutes and 13 seconds after theVigilant. The correct time showedthe margines of 40 seconds for theAmerican.

The Vigilant had won as gallant arace as ever was sailed, and the cupwill not go back.

But everybody ia saying now thatbad It not been for the splitting of thespinnaker the Valkyrie would havewon. S. F. Examiner.

STJMMABV.

First race, Oct. 7 Vigilant beat Val-kyrie, 5 min. 48 sec

Second race, Oct. 9 Vigilant beatValkyrie, 10 min. a5 sec.

Third race, Oct. 13 Vigilant beatValkyrie, 40 sec.

DUNRAVEN AND THE EAOLE.

Said His Lordship of Dunraven,"al-- me eagie oiru jm cravin'.I will chase him to his aerieWith my cutter yacht Valkeerie.I will tame his greatest fury --

With my single stick Valkurie.I will curb his flight so airyWith the keel of my Valkairie.I've a trinity of names,An infinitude of games.Now, the eagle bird is VigilantAnd, likewise, somewhat militant.When Dunraven got too near himHe moved, but did not fear him.When Dunraven tried to head himHe turned and then outsped him.When Dunraven tried to "reach" himHe "eased" as if to teach him.When His Lordship cried "Foul play"He spread his wings and flew away.

--N. Y. Herafd.

a.i

1

i1

HI

-- I--JW ;&?" "l-- Vj- - Jf " --Jf -- ," f - T r , . j -- ir - ,c4j. JSffiWS? ."-- f TWVgWWJS'"?!' '' "V - - ,'V

HAWAIIAN GAZETTE, TUESDAY, OCTOIEB 31, 1893.

imuairatt (gazette

12-PAl- iE EDITION.

TUESDAY. OCTOBER 31, IS93.

"0TES A.ND COMHEKIS

Certainly, we shall call it"Palace square" until its name isofficially changed. The name" Palace square " carries no signifi-

cance with it. Palace square couldretain its name under either a re-

public or annexation in eitherevent it would simply serve as areminder that an unworthy mon-

archy had passed away.

It is true the Advertiser re-

ported the fact that the natives atthe merry-go-roun- d had cheeredthe National band when theyplayed the "Star-spangle- d Banner." It is also true that if thecoming hapa-haol- es and the foreignpoliticians the latter anti-Americ-

by birth would leave thenatives alone for a few weeks, theHawaiians would be cheering the" Star-spangl- Banner " from oneend of the islands to the other.The attempt of the Bulletin, nowrunning on credit, to make politicalcapital out of the matter is worthya journal on the losing side.

By the way, the "occasional"editor of the Bulletin is trying thestrength of his intellectual muscleon the letter of Mr. Lyons, latelypublished in a local paper. Well,well, whenever you convince any-

body who is posted on the disgrace-ful personal fight made about thattime against the reform cabinet bya now would-b- e prominent royalist,who is considered neither "fleshnor fowl" at present by either roy-

alists or annexationists well pleasejust inform the public of the event.Neither the royalists nor the an-

nexationists are taking any chanceson being "Eold out" by "bloody fur-riner- s"

just at present, and thereare no bids which will be nibbledat even though published in thecolumns of the Bulletin. The pub-

lic has quite enough intelligence todistinguish when the "other" edi-

tor is writing editorials for love.

The councils did the proper thingThursday afternoon when they re-

fused to take action in the applica-tion of the Pacific Mail and Occi-

dental and Oriental lines upon re-

quest for certain privileges specifiedelsewhere. It is the general beliefthat an understanding exists be-

tween the Pacific Mail and theOceanic companies on the points inquestion and, until the matter iscleared up, the government is per-fectly right in withholding anyfavors, eo long as the traveling andcommercial public are discrimi-nated against The game nowbeing played by the steamshipcompanies is an old one; but inthe case of Hawaii the evilis not without its cure. Wheneverthe Pacific Mail or the Oceanic linefeel disposed to enter a combina-tion to cinch Hawaii the' shouldbe informed at once that this coun-

try is able to get along withouttheir services until other lines canbe established and new subsidiesgranted. The people of these islands are becoming thoroughly tiredof Mr. Sm-eckel- s' outward bluster i

and silent combinations, and if theProvisional government should fora moment so far forget itself as togive in to the outside pressurebrought to bear periodically bythese steamship companies, itwould find the people, who are thepatrons of these lines by necessity,would soon demand a differentpolicy. There is no fear that wemil have to go back to sailingvessels ; and if the question comesto a pinch it had better be foughtout at once. We have capital andenterprise in Hawaii which couldably establish a new steamshipline between Honolulu and thecoast, and we believe would be will-

ing to do so in case the companiesnow combining to monopolize thefreight and passenger traffic shouldsee fit to order a strike against thepeople of Hawaii.

"HAWAII'S COMIHQ RACE.'

The Holomua having admittedthat the aboriginal Hawaiian isdestined to disappear, and that thedays of his political supremacyare consequently numbered, at-

tempts, in a labored article underthe above heading, to make it ap-

pear that the half-east- e, or crossbetween the native and foreigner,is to be the ruling race of the future.In proof of this it cites the rapidgrowth of this element during thelast few years. According to thelast census they increased in sixyears from 421S to 61S6, or over 46

per cent. This is certainly a largeincrease, and, taken by itself, mightseem to afford some support to theHolomua's contention. But if theHolomua writer had looked intothe same census report alittle further he would havediscovered that during the sameperiod the Hawaiian-bor- n childrenof foreign parents foreign by birthor descent on both sides increasedfrom 2040 to 7495, or over 267 percent. In other words, the classborn here of unmixed foreign blood

increased more than five times asfast as the mixed race. If fecundityand rapid increase is any indica-

tion of vigor of stock and conse-

quent future supremacy, it is easyto see in whose hands the futuredestiny of this country will rest.If an increase of 46 per cent, in sixyears is "wonderful," how aboutan increase of 267 per cent, in thesame time ? The Holomua's figuresare correct so far as they go, butthey leave part of the story, andthe most important part at that,untold.

PLEBISCITE IK HONOLULU.

The "Son's" Opinion of theProposed Election For and

Against Annexation.A nnnHl!nrv rt nn nrrt f m nj nrr nn

official reports from Washington, thepolicy of Mr. Cleveland's adrninistra- -tion, with regard to Hawaii's proposal

f nnno-rntin- n criii i fnnnS idisclosed to the country, to be aboutas follows :

1. A plebiscite of the residents ofHawaii to determine the form ofpermanent government for the isl-ands, and to decide whether theislands desire either annexation or aprotectorate by the United States.

2. Pending the popular vote in Ha-waii, and the establishment of a permanent government, a guarantee bythe United States of protection against I

loreign interierence,3. Assistance by the United States

iu enablinir Hawaii to hold a free andpeaceful election, partly through the I

exercise 01 our government's moralinfluence in the islands, and partly by '

a somewhat imposing naval demon- - i

stration at Honolulu at the time ofthe voting. i

These are the main features of the .

programme as described in the various (

and not altogether harmonious reportsas to the character of Mr. Blount's re- - i

commendations to Mr. Cleveland, andMr. Cleveland's intended policy. Partof the story is derived from state- -'

nients made with great positivenessand particularity by the Baltimore j

Sun, which professes to have exactknowledge of the nature of Mr. I

Blount's recommendations and of Mr.Cleveland's acquiescence in Mr. i

Blount's conclusions. Part is derived, I

on the other hand, from theNew York '

Herald's despatches from Washington, i

As tbat journal has been the most I

ardent upholder of Mr. Claus Spreck-- 1els' peculiar interests, and a constant)advocate of the restoration of the dethroned queen, we are inclined to

iattach importance to the informationit publishes, whenever the same is notin line with its own desires and de--

ofthrone

tion would not favor such a course.even if he did."

Dismissing the absurd and odiousidea of the restoration of monarchy inHawaii the efforts of an American

of the policy now attributed to Mr. i

Cleveland is the plebiscite: that is toine or tbe Ques

tion of Hawaii's destiny by popularvote in the While it is prema-- 1

ture to discuss or criticize theplan on the strength of

these unofficial from Wash- -

isIf it were the constitutionalpower this government assume j thecontrol tnese outlying islands ofthe se3, there would be no occasion offor plebiscite to ascertain whethermajority of Hawaiians beannexed or protected. This pointneeds no isthat if Mr. Cleveland's policy is as re-ported, the president shares the Sun'sopinion that is

and rejects the elaborate argu-ments of Cooley otherexpounders of organic who Whave been laboring to convince

annexation isconstitutional.

The proposed reference of ques- -

tion the "whole body of HawaiPs in-habitants would likewise signify" thatin Mr. Cleveland's view annexation,or a form of American isnot intrinsically and necessarily un-desirable. If it were folly, in hisopinion, for us to acquire theunder any he wouldnever propose that people ofthe. islands be required to decidewhether the islands shall be takenin under the American flag. Mr.Cleveland is altogether too seriousminded a statesman indulge in suchtrifling. Therefore, if reportshis intentions are in the main accu-rate, we take it for granted that heshares our opinion on the generalquestion of desirability of acquir-ing Hawaii, rather tban the opinionof those who advise him that theislands are not worth having.

Thus far all is clear enough. Whenwe come the practical working aplebiscite instituted in Hawaii atthe instance our government, somedifficult questions arise. The Pro-visional government, the only exist-ing in Hawaii, wants an-nexation. It has said so. It hasalreadv anolied for annexation. Theonly purpose of such a plebiscite asMr. Blount and Mr. Cleveland aresaid to desire, would be pass thequestion over the bead of the existinggovernment to the population ofHawaii, in order to ascertain whether

Provisional government repre-sents a majority the residents ofHawaii, native and foreign born. TheProvisional government would beitself on trial at the election held todetermine this 2ow, underthe control of what authority would

plebiscite be held? Who woulddetermine the qualifications ofWho would say, for example, whetherJapanese and Chinese coolies residentin Hawaii should have the right tovote equally with native Hawa-iians and the solid foreign-bor- n resi-dents and taxpayers of the country?Who would prescribe electoral

Who would be in authority at tne pons? as mere is tobe no foreign interference under anycircumstances, the supreme power indefining suffrage and supervising

election must either thepresent Provisionalalready committed to annexation anditself on trial, or with the governmentof the United States, directly or indi-rectly. If our makes afavorable vote by plebiscite a condi-tion of further for annex-ation, will it inevitably be com-pelled by the logic of its attitude, toprescribe the conditions under whichthe plebiscite is held?

In that event we should witness anextraordinary and perplexing spec-tacle. We should behold the federalgovernment of the United States,which has not the constitutionalpower to regulate state elections evenhere at home, regulating and super-vising an election in a foreign state,an country in diplom-atic relations with us, sovereignmember of the world's family of na--tion?! the reported programme is

a to extent of sending"" """' "-'" c"" war"PVf"Bjmarantee a peacefulfair election" in Hawaii, we shouldbehold the of the UnitedStates not only regulating a foreignelection, but actually on guard overthe Hawaiian polls with bayonetsand gunpowder! The whole history offederal interference with local elec-tions here at home contains no inci-dent this in its sensa-tional novelty its bewildering in-version of accepted principles.

We beer leave to call attention tofact that this is true meaning

01 i?e project jit. jsiount-- a

Semus. an ??w attriouiea nguiiy orwnS'y; to Ueveianu. Howeverfederal interference at the Hawaiianpolls may be disguised in lan-guage of diplomacy, it will be federalinterference at the Hawaiian pollsnone the less, if there is the slightestattempt part of our govern-ment to prescribe the conditions un-der which the plebiscite is beld.

We conclude, then, that the pro-posed plebiscite will be conducted,not by the States, but by theProvisional government of Hawaii.New York Sun, October 7th.

MINISTER WILLIS.

It Is Said That HisHave Been Materially

Modified.

Some sort of hitch has occurred in the arrangements

Willis' Hawaii.It was originally intended that heshould said from San Francisco on

i "VIwith no prospects of an immediateHe ha.s had several

conferences with the presi-thre-e

dent during the pastaa?s in regard to his missionand has not as yet received hisfinal instructions, those previouslygiven him having cer-tain modifications, thenature of which is not divulged.Mm'Sier Willis was at the state

take his wife and boy with him toland of the kanakas. If the

possible event of tbe establishmentHawaiian his du-

ties will be of unusual importance.Washington Star, Oct. 10.

The Australia will take to SanNovember 11th : Morris

Hyman, Miss Emmes, Mrs Young,Mrs. J. Soper and two children.

H. Soper, H. W. andwife, Mrs. Wilson, and Mrs. Ad--TYIiral T R CVompf f onrl irtrn AanrrY- - I..vuuu 6"-- 1

m?n,Ls- - t5 1S ,ae;ldea,y encouraging, the steamer of the 12th and he hadexample,itself that "the

nowrestoration

from the I

Panned to leave here last Wednes-th- e

queen to the Mr. Blount ' day- - At the instance of the presi-nev- er

contemplated, by anything he ' dent, however, he delayed his de-sa- id

in his report, and tbe administra- - rjarture. and he is still in the nitv.

by

'i tsay, aerterminatton

islands.admin-

istration'sreports

the

authority

question.

the

ter

,

.

iLtoIn;i for several hours yes-quir- ewhat would be I

involved by the institution of a pie- - terday- - His movements will bebiscite for this purpose at the instance governed entirely by the president'sof our government. wishes.

Mr. has madequestion to the residentsarrange-annexati- on

mente for a stay at hisof the islands, as a to fur- -ther negotiations, would indicate that post. He has sold his property atin Mr. Cleveland's views annexation his home in Kentucky and will

constitutional, not unconstitutionalbevond

of toover

a athe want to

elucidation. It obvious

annexation constitu-tional,

Judge and thethe law

himthat the of Hawaii not

I;

the wa

liWttffiUlirfllfiiiiir '

to

protectorate,

islandscircumstances,

the

tothe of

to of

of

to

theof

thevoters?

the

theregulations?

the rest withgovernment,

government

negotiationsnot

independenta

,Ifout the

and

government

approachingand

the thecreairearo

the

on the

United

Instrnctions

afor Minis- -

departure for

departure.

undergoneimportant

a protectorate

1

Francisco,

H.Severance

.,

Herald

department

Willispreliminary Prolonged

ln the Supreme Court of the Hawai-

ian Islands.

September Term, 1893.

The Provisional Government or theHawaiian Islanus vs. ChristianGertz.

BEFORE JUDD, C. J., BICKERTON, AND

FBEAB, JJ.

It is not a ground for a new trial, that ainry was drawn, against the objectionof the defendant, from the remainder otthe regular panel after the names oftwelve jurorswho were sitting in an-other case had been withdrawn byorder of the Court, no prejudice beingshown to have resulted therefrom tothe defendant.

"Section 9, Chapter LVI. Laws of"lS92. doesnot give the deiendant the rtgat to theclosing argument when he presents noevidence.

Insti actions need not be given in the formrequested, if as given they correctlystate the law and cover the ground.

The unexplained presence of opium in acase of goods imported by tne defend-ant is evidence from which the jurymay infer an intent on the part of thedefendant to import the opium.

Making an entry of goods, and describingthe goods in the entry as exempt fromduty and as imported by the steamer"Australia" from San Francisco, isevidence from which the jury mayinfer that the steamer came from a for-eign port.

OPINION OF THE COURT BY FREAK, J.

This case comes up on exceptionsfrom the Circuit Court of the FirstCircuit, where at the last AugustTerm the defendant, upon his appealfrom the District Court of Honolulu,was found guilty of importing opiumcontrary to the provisions of Section1, Act 12 of the Laws of the Pro-visional Government of the HawaiianIslands.

The first exception was taken tothe overruling of defendant's objec-ti-on

to the drawing of a jury fromthe remainder of the regular panel ofthirty-si- x jurors, after the names oftwelve j'urors who were then sittingin another case bad been withdrawnby order of the Court.

The excusing of jurors is a matterwhich, in the absence of statutoryprovisions to the contrary, lies in thediscretion of the trial jndge, ardsuch discretion will not be interferedwith unless it has been abused orunless some prejudice has resultedtherefrom to the complaining party.It is not an abuse of discretion toexcuse twelve jurors for the reasonthat they are engaged in anothercase. If this conld not be done,much delay and expense might need-lessly be incurred, for no new casecould be called while a jnry was en-gaged in hearing another case or indeliberating upon a verdict after thecase, had been submitted to them,which might be many days; and insome instances it might also be un-

reasonable and against the interestsof justice to require jurors to sitagain immediately after finishing along and wearisome case or aftersitting in several cases success-ively. No prejudice has beenshown in the present case tohave resulted to the defendantby the withdrawal of the names ofthe twelve jurors. Indeed, in makingup the jury in this case, notwith-standing a number of challenges, theremainder of the panel was not ex-hausted. No talesmen were re-

quired. Statutory provisions havingbeen complied with, the question is,was there a fair and impartial jury.It is not even suggested that therewas not such a jnry in this case. Theweight of authority is in harmonywith the foregoing views, and someCourts have gone further than weare required by the facts of this caseto go.

In State ts. Pittt, 58 Mo., 556, itwas held that when a portion of theregular panel were sitting in anothercase, it was competent to draw thejnry from the remainder of thepanel and, after exhausting that, tocomplete the jnry from the by-standers. So in Bradley ts. Bradley, 45Ind., 67. In Alexander ts. OihUsh, 33Wis., 277, it was held proper to ex-cuse twelve jurors foi the reason thatthey had just been discharged inanother case. In Emeriek ts. Sloan, 18la., 139, it was held proper to makeup a jury of one of the regular paneland eleven talesmen, all the otherjurors of the panel having been ex-cused by the Court. See also Fullerts. State, 1 BlackL, &L and Rex ts.Jfae- -

farlane, 7 Haw., 352.The second exception was to the

refusal of the Court to allow defend-ant's counsel to make the clorngargument to the jury, the defendanthaving presented no evidence. Thisis claimed as a right under that portion of Section 9, Chapter LVI., Lawsof 1892, which reads as follows: " Ifthe defendant shall present any evi-dence, he, or his counsel, shall first,after the close of the evidence, ad-dress the jury upon the facts, afterwhich the opposite side shall be en-titled to the closing argument uponthe facts." It is contended that thisstatute by implication entitles thedefendant to the closing argument ifhe presents no evidence.

By the express terms of Section45, Chapter XL., Laws of 1876(Comp. Laws, psge 3511. " after theaccused or his counsel has summedup and closed his case, the prosecut-ing attorney shall have the right tosum up the entire evidence and closethe debate." Such also is the pre-vailing practice in tbe absence ofstatute. "In all (criminal) cases.the right to open and close" is with

f. n t m. . .nue is aeciareaoy statute. Tnis is so. Inalthough the accused offers no evi--i to

deuce." Thompson on trials. Sec.243. This is only an application ofthe general rulo that the right toclose belongs to the party uponwhom rests the burden of proof. Inview of the former express statuteabove quoted and the general rule ofpractice, an intention to change theorder of argument should be clearlyexpressed in the later statute. Thestatute in question provides whatshall be the order of argument, " ifthe defendant shall present any evi-

dence," but is utterly silent as towhat shall be the order, if he shallpresent no evidence. So far as thestatute goes, it is not in conflict withthe earlier statute'. The Court can-not read into it words that are notthere, and which, if inserted, wouldbe inconsistent with, and thereforeoperate as a repeal of the earlierstatute. Repeals by implication arenot favored. Sutherland, StatatoryConstruction, Sections 138, 148, 152.

The exceptions to the refusal oftbe Court to give to the jury certaininstrnctions requested by the de-

fendant, and to the charge as given,and to the verdict as being contraryto the law and the evidence will beconsidered together. The instruc-tions refused, being the second,third, fourth and fifth requested,were as follows :

2. The fact (even if the jury believe it to be a fact), that opium wasfound in a case or goods belongingto, and consigned to defendant, willnot of itself warrant conviction, butthe jury must be also convinced fromthe evidence, beyond a reasonabledoubt that such opium was placedthere by the act, connivance, knowl-edge or consent of the defendant.Unless such act, connivance, knowl-edge or csnsent of the defendantappears from tbe evidence bevond areasonable doubt, the defendantshould be acquitted.

3. The intent of the defendant isan essential feature in the proof ofthis charge. He cannot be convicteduntil the prosecution has adducedevidence to convince the jury notonly that opium was imported, butalso that its importation was accom-plished in pursuance of the purposeand intent of defendant

4. There is no evfdenco before theConrt in this case tending to showan intent on the part of defendant toimport the opium alleged to havebeen found in a case of goods be-

longing to him.5. There is no evidence that the

steamer "Australia," in which theopium in question is claimed to havebeen imported, arrived at Honolulufrom any foreign pott or country.

On the question of int9nt the Courtcharged the jury as fol'ows: "Asregards the question of intent, it isthe law that in criminal rentiers theremast be a criminal intent and youmust be convinced beyond a reasona-ble doubt tbat the defendant wasknowingly and willfully a party tothe introduction into this countryfrom abroad of tbe opium hereincharged to have been imported.

In regard to intent it is aquestion lor you to find from the evi-der-

and from the facts producedwhether the defendant imported thisopium. If a man importsrases of goods and in those cases arecontraband forbidden goods, prohib-ited goods, and it is unexplained, itis a question for tne jury whetherthere was any intent on bis part toimport those goods." This instruction, (which embodies the first in-

struction requested by defendant),covers all that is contained in thethird requested instruction. Instruc-tions need not be given in the formrequested, if as given they correctlystate the law and cover the ground.Bex v. Ahop, 7 Haw. 556; Bex v.

The second requested instruction,so far as it relates to the qcestion ofintent or knowledge, is also coveredby the instruction given by theCourt, and in so far as it is not cov-ers- d

by the instruction given, it wasproperly refused. It would tend tolead the jury to think, erroneously,that the defendant must have knownof, or consented to, the placing ofthe opinm in the case, while it wouldbe sufficient if be afterwards, butprior to its seizure, learned that itwas there. It would also tend togive the jury an erroneous impres-sion that the fact that opium wasfound in a case of goods belongingto, and consigned to defendant,would under no circumstances war-ra- rt

convict:on, and that the knowl-edge or consent of the defendantmight not be' inferred from the un-explained presence of the opinm inone of bis cases, but tbat it must beshown entirely by some other evi-dence, as by some positive words oracts proved to have been uttered ordone by the defendant and directly 4showing knowledge or consent on 5

his part.The fourth requested instruction

is open to the same objection: Itcontains an implication that the finding of tbe opium in the defendant'scase is not evidence of an intenton his part to import the same" butthat the intent must be shown en-tirely by other evidence, presumablydirect evidence of what was in thebrain of the defendant.

This brings us to the questionwhether, as respects the question ofintent, there was evidence to sustainthe verdict. If there was evidenceon tnis point, tne Court was justifiedin refusing to instruct the jnry thatthere was no evidence, as it wasrequested to do expressly in thefourth, and virtually in the secondinstruction. The jury found, or werefully warranted in finding, from theevidence, that certain cases of goodswere imported by the defendant,that opium was found in one of thosecases, and that the presence of theopium there was whollv nnoTnlm'n

view of these facts, it seems tons'have been properly 'left to the jury

--AiaLfcCOT j4SUIieitautaJfj3tSSS .. w jj&sUsM&

to say whether there was an intent onthe part of the defendant to importthe opium. The mere fact thatopium was found in a case of goodsbelonging to and imported by thedefendant is not conclusive evidenceof guilty knorrledge or intent, but itis prima facie evidence. It may berebutted. The evidenco introducedon behalf of the Government mightof itself in some cases be such as toexplain the presence of the opiumwithout casting suspicion upon thedefendant, or on the other hand itmight in some cases be such as tothrow very great suspicion upon him,making it almost absolutely neces-sary for him to offer ovidence inrebuttal in order to clear himself.According to the circumstances, thedefendant might in some cases notbe required to make any attempt torebut the evidence for the Govern-ment as to knowledge or intent,while in other cases, his failure to doso would be more or less stronglycorroborative of the other evidenceagainst him. Where, as in this in-

stance, the opium is shown to havebeen in a case oc goods imported bythe defendant, and no explanationof this fact in any way appears, andit does not appear that it was not inthe power of the defendant to procureevidence excnlpating himself, or thatany attempt was made to procuresuch evidence, it seems to us thatthe Court properly submitted thequestion to the jury to find whether,as an inforence of fact, the opiumwas imported with the knowledge orconsent of the defendant. See Gor-

don ts. People, 33 N. Y. 509, andSchooner Mary and Cargo, 1 Gall. 209.This, obviously, is not holding thatan inference prejudicial to the ac-cused may be drawn from his neglectto offer himself as a witness, or thatthe presiding Judge may commentupon the strength or weakness ofthe evidence, but merely that homay charge the jury that there isevidence tending to establish a spe-cific fact involved in the cause, leav-ing it to the jnry to say whether theevidence is sufficient to establishthat fact.

The fifth requested instructionwas also properly refused. Therewas evidence that the steamer "Australia," in which the opium wasalleged to have been imported, ar-rived at Honolulu from a foreignport. Witness Sanders testified tbatthe steamer "Australia" arrived inHonolulu the 17th of last May. Thedefendant himself, in his inwardentry, which was in evidence, signedand sworn to by himself, speaks oftbe goods, in one of the cases ofwhich the opium was found, as en-titled to "exemption from duty, inaccordance with the provisions ofthe Treaty of Reciprocity with theTJnitsd States of America," and as"imported in the steamer'Australia' whereof Capt. Hondlette isMaster, from San Francisco." Thisis an admission that the steamercame from San Francisco, a foreignport. The very fact that an entrywas made, and that exemption fromduty was claimed was an admissionthat the goods were imported, forno entry is required, nor duty levied,for goods transported from one ofthese Islands to another.

The exception to the allowance ofan amendment to the verdict wasabandoned at the argument.

The exceptions are overruled.Attorney-Genera- l W. O. Smith for

the Government; O. W. Ashford forthe defendant.

Honolulu, October 20th, 1893.

Hawaiian Stamps

IWILL PAY CASH, FOB EITHEElarge or small quantities of used Ha-

waiian Postage StampB, as follows :(These offers are per hundred and any

quantity will be accepted, no matter hmrsmall, at the same rates.)lcent, violet $ 751 cent, blue 75lcent, green 402 cent, vermilion i 602 cent, brown ... 752 cent, rose 302 cent, violet. 1891 issue BO

5 cent, dark blue ... 1 605 cent, ultramarine bine 1 006 cent, green :....... 2 6010 cent, black 4 no10 cent, vermilion 6 0010 cent, brown 2 5012 cent, black . 6 0012 cent, mauve o 0015 cent, brown 5 0018 cent, red 10 0025 cent, purple 10 0050 cent, red 25 00

1, carmine 25 001 cent envelope 602 cent envelope 76

cent envelope . 2 00cent envelope 2 0O

10 cent envelope 5 00

$F"So torn stamps wanted at anyprice. Address:

GEO. E. tVASHBUBN.P. i). Box 2068. Ban Francisco, Gal.

3021 1418-t- f

SIM

Pioneer SteamCANDY FACTORY and BAKERlf

K HOBU fractieal Comectloner,Cairtnr Cook and Baker.

c. 71 Hotel Ht. Telephone,

Artistic printing at the GazetteOffice.

ii

f ,r T rtv '

tf

&

fc

BT AUTHORITYACT G6.

An Act Making Additional Appropri-ations for the Use or the Ha-

waiian Government.

Ba it Exacted by the Executive andAdvisory Councils of the ProvisionalGovernment of the HawaiianIslands:

Section' 1 The following sumsamountinK to 2sinety Thousand andThree Hundred Dollars ($90,300.00) arehereby appropriated from the publicTreasury, in addition to the sums here-tofore appropriated, for the followingpurposes, namely:

rnovisioxAL oovehssient.General expenses Provisional

Government $ 50,000 00

DEPARTMENT OF FINANCE.

Incidentals, Custom House. . 1,000 00ATTOUNEY GENERAL'S DEPARTMENT.

Pay police of Oahu 25,000 00Incidentals, and civil and

criminal expenses 10,000 00

DEPARTaEKT OF INTERIOR.

Eunning expenses, WaterWorks 3,000 00

Public grounds 1,300 00

$ 90,300 00

Sec. 2 This Act shall take effectfrom the date of its publication.

Approved this 26th day of October,A. D. 1893.

Signed. SANFORD B. DOLE,President of the Provisional Government

of the Hawaiian Islands.(Signed)

J. A. Xing,Minister of the Interior.

3520 1503-l- t

Office of the Board of Health, )

Honolulu, H. I., Oct. 25, 1S93.J

Notice is hereby given that at aregular business meeting of the Board of

Health held in its office on the abovedate, section 20 of the Quarantine Regu

lations, adopted Jlarcu IS, 1891, was

amended so that said section 20 shallread as follows :

"20 Vessels arriving from an Asiaticport, or from any part reported tobe infected with cholera, yellow fever,small pox, scarlet fever, plaguo or anyother disease deemed by the Board of

Health to be dangerous to the publichealth, or vessels carrying passengers,whether steamers or sailing vessels, ifunder fourteen days from the last foreignport of call, shall not enter any port of

the Hawaiian Islands until permissionis granted by the port physician, or a dulyaccredited officer of the Board of Health.Such vessels if refused entry shall beanchored in quarantine at such places asmay be chosen by the pilot, underdirection of the port physician, and re-

main at such anchorage until changed oradmitted into port by the Board ofHealth.

"Provided however, that in the case of

a Bailing vessel arriving under fourteendays from the last foreign port of call,and not having any such dangerousdisease on board, the pilot may bring herinto port and anchor her; but no personshall be allowed to land from such ves-

sel until permission is granted by theport physician."

"WILLIAM O. SMITH,President Board of Health.

3520 1503-3-t

Sale of Government Land atliuaia, Silo, Hawaii.

On WEDNESDAY, November 15,1893, at 12 o'clock noon, at the frontentrance of the Executive Building, willbe sold at public auction, a portion ofthe Government Land of Kuaia, Hilo,Hawaii, containing an area of 40 acres,a little more or less.

Upset price $160.

It is conditioned that the purchaser ofthe above land shall pay cost of surveyand plotting of same.

Full irformation in this regard can beobtained upon application to the LandOffice, Interior Department.

JAS. A. KING,Minister of the Interior.

Interior Office, October 16, 1893.3511 1502-- 3t

Sale of a Strip of GovernmentLand, South Slope, Punch-

bowl Hill, Honolu-lu, Oahu.

On WEDNESDAY, November 15,1893, at 12 o'clock noon, at the frontentrance of the Executive Building, willbe sold at public auction, atrip of Gov-

ernment land, rear of lot recently boughtby Mrs. A. M. L. Smith, containing anarea of 1715 square feet, a little more orless.

Upset price $50.

J. A. KING,Minister of the Interior.

Interior Office, October 16, 1893.3511 1502-3-t

Sale of Government Land atLaepaoo, Puna, Hawaii.

On "WEDNESDAY, November 15,1893, at 12 o'clock noon, at the frontentrance of the Executive, Building, willbe sold at public auction, aportion of tM

Government Land of Laepaoo, Puna,Hawaii, containing an area of 4 acres, alittle more or les.

Upeet price $S0.J. A. KING,

Minister of the Interior.Interior Office, October 16, 1893.

35110

Sale of the Government Landof Waawaa, Pnna,

Hawaii.

On WEDNESDAY, November 15, 1893,at 12 o'clock noon, at the front entranceof the Executive Building, will be soldat public auction, the Government LandofWaawaa, Puna, Hawaii, containingan area of 100 acres, a little more or less.

Upset prite $250.

J. A. KING,Minister of the Interior.

Interior Office, October 16, 1893.3511 1502-- 3t

T. A. L. WILLIS, Esq. has this Cay beenappointed an Agent to lake Acknowledge-ments to Labor Contracts for the Districtof Kan, Island of Hawaii.

J. A. KING,Minister of the Interior.

Interior Office, Ootober 18, 1633.1302-- 3

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Keep your friends abroad postedon Hawaiian affairs by mailing

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t -- WT"ww-t-8,iuiii "utfppnlRPniPPi

HAWAIIAN HAZBTTB TUESDAi OCTOBER 31 igS s

PERSONALS.

Hon. Henry C. Ide the newlyappointed judge of the supremecourt "of Samoa, who succedeedJudge Cedarcranz, is a passengeron the Mariposa. He is accompa-nied with his three daughters.Mr. Ide's appointment was madeby President Cleveland, with theapproval of the governments ofGermany and England, in accord-ance with the terms of the tri-

partite treaty of Samoa.Mr. William Lee Chambers, also

appointed by President Clevelandto be one of the three land com-missioners of Samoa, accompaniesMr. Ide, and will reside at Apia.

Capt. Metcalf of San Franciscocomes as the agent of the LondonLloyd's, to examine the wreck ofthe steamer Miowera, and decidewhat to do with it. He is accom-panied with two professionalwreckers (the Lougee brothers)and should it be thought possibleto float and save the hull an at-

tempt will probably be made todoit.

Mr. E. J. Borman is a sugarplanter of Demerara, British Gui-an- d,

who comes to visit our plan-tations, and will spend severalmonths in touring around thegroup., Mr. B. is accompanied withhis wife and two sons.

Mrs. Geo. E. Hendee, wife ofPaymaster Hendee of the Philadel-phia, will spend a few monthB onthe islands. She is accompaniedwith her two daughters.

Dr. William M. Taylor is a re-

tired physician of Washington,D. C, who has practiced in thecapital of the United States for 31years. He will make the tour ofthese islands during his stay andprobably visit Kilauea. Dr. T. isone of the highest Masons in theStates.

Among the incoming passengerswill be noticed the names of T. H.Gibson and wife of Kauai, MissAda Whitney and Wm. L. Whit-ney of Punahou, and others.

H. M. Whitney the president ofthe Hawaiian Gazette Co., returnedhome Friday.

Judge William Foster is at homeagain after a trip to the Coast.

W. W. Goodale of Hilo returnedby the Mariposa. Mr. Goodale willleave for his Hawaiian home thisweek.

T. H. Davis who was expectedhome by the Mariposa had arrivedin San Francisco from Vancouverwhen that steamer leit and is expected on the Australia.

SIX MONTHS AND $500.

Devanchelle Gets a Severe Sen-

tence For Smuggling Opium.

E. Devauchelle, who, with J.Cockett, was arrested some daysago and charged with having opiumin his possession, was Wednesdayfined $500, and sentenced to 8ixmonths' imprisonment at hardlabor. He at once appealed to thecircuit court. As he left the courtroom he was again arrested andcharged with selling opium unlaw-fully.

The case was a clear one againstthe defendant. A Chinaman namedAh Lum, who had been furnishedmoney by Captain Andrews, boughtforty-nin- e tins of the drug. Theyput the tins into a carriage for theChinaman, and soon after were ar-

rested, and the opium brought tothe station house. They demandedseparate trials, and Devauchelle'sresulted as above.

I. Cockett the young man who wasarrested with E. Devauchelle forhaving opium in his possession, wasconvicted in the district court yes-terday and sentenced to six monthsimprisonment at hard labor and topay a fine of five hundred dollars.Cockett at the time of his arrestwas offered immunity from prosecu-tion if he would turn State's evi-

dence against Devauchelle but herefused and demanded a separatetrial from his fellow-prisone- r, withthe above result.

An Art Critic in the CorporationGalleries.

or Stevenson (cousiriof Robert Louis) was in Glasgowthe other day. Sir. Stevenson is tocontribute an illustrated essay onthe gallery of Mr. James Donald,of Queen's terrace, which has thereputation of containing the ' bestrepresentation of the modernFrench and Dutch schools in thecity. For the same journal Mr.Stevenson is to illustrate the col-

lection of Mr. Keiller, of Dundee.Mr. Stevenson, who has forsakenpainting for literature, is one of theablest exponents of the impression-ists. His contributions on art havelong been a feature in the Satur-day Review ; and the critics pro-nounce his article on Corot in theArt Journal as being the best Eng-lish exposition of the scope and ac-

complishment of the art of thegreat iandscapist. Glasgow Her-ald.

MARSDEN'S NEW PETS.

Several Boxes of Insects Arriveand are Turned Loose in

Kalihi Valley.

Commissioner of AgricultureMarsden received several boxes ofthe insect scale destroyers by yesterday's steamer. They came downon ice, and were in splendid condi-

tion, being as lively as cricketswhen released.

The insects for the worst kindsof blight did not come, but are ex-

pected on the next throughsteamer. It is not known whenProf. Koebele will arrive, but itwill probably be soon. When hedoes, an extended examination ofthe prevalent blights will be made,and the professor will start forJapan to obtain the needed insectsfor their destruction.

The arrivals of yesterday werereleased in Kalihi valley, wherethere is a great deal of scaleon the trees. They got downto work immediately, and seemedto understand just what was re-

quired of them.

The Two-Minu- te Trotter.Twenty years ago the two-minu- te

trotter would have been consideredan impossibility, for in 1874 Gold-smith Maid's mile in 2 :14 was be-

lieved to be the ultimate possibilityof trotting speed. Nine years agoJay-Eye-S- trotted in 2 :10, and ayear later Maud S. turned theCleveland track in 2 .US?. In 1831Sunol showed a mile in 2 :0S, andthen came the bicycle sulky, whichhas changed the scale of trottingrecords and which made possiblethe mile in 2 :04 of Nancy Hanks.

It is, however, apparent thatwhile a few horses have demon-strated that they can trot quartersin less that thirty seconds andhalves close to but slower than oneminute, no trotter has shown thesustained speed to finish a mile atthe same gait. When Directumwent to the half in 1 :00i he couldnot do the last half better than1 :0G-$- . A like result has attendedthe efforts of all the other flyers.

The two -- minute trotter maycome. But when the phenomenonappears it must be in theshape of an animal that cantrot the quarter in twenty-seve- n

or twenty-eig- ht seconds, thatcan go to the half in fifty-eig- ht

seconds, and that can then finishthe mile with quarters in thirty-on- e

seconds. Such a trotter hasnot yet been seen, but his evolutiondoes not seem impossible. N. Y.Herald.

One on the Captain.A stowaway, who was discovered

on the Mariposa a day or two aftershe started, was a trifle too smartfor the ship's company Friday.Shortly after the steamer docked,Captain Hayward, who had sent aman ashore for a policeman to takecharge of his free passenger, lethis eye wander away from hisprisoner for a minute. That min-ute was all that the stowawaywanted, and ho immediately beata hasty retreat down the gang-plank and departed for unknownparts. At last accounts he was stillin those unknown parts, waitingfor the officer to find him.

A Heavy Mail.The steamer Mariposa ha3 an un

usually heavy mail on board for

the various ports to which she isbound. For New Zealand she hab530 bags, for Sydney 250, for Hono-lulu 50, for Samoa, Fiji and warships about twenty, or a total of850 bags. It is not certain whethershe had on board the London mailsent out via Vancouver to go bythe S. S. Miowera, but as no refer-ence was made to it at the SanFrancisco po3t office it probablywas not sent on from Vancouver.

The detention of the Mariposaone day in leaving San Franciscowas caused by a portion of theEuropean mail having been on atrain which arrived at San Fran-cisco a day late. The London mailis supposed to go by a special ex-

press train, which has to leaveNew York promptly on time. Whena part of the mail fails to reach thedepot at the appointed hour it hasto be sent by the next train. Thisis sometimes the cause of thethrough steamer being late.

For some time the governmentand the board of health have beencarrying on negotiations for thepurchase of the kul-an- as at theleper settlement. At tb- - meeting ofthe board of health, held last week,the president stated that the mat-ter was now being effected, andwould be brought to a conclusionin the near future.

The Pacific Hardware Companyreceived a large consignment ofgoods of various kinds by the Mari-posa.

&rjl HI

STORY OF MOIKEHA

ONE OF THE LONG VOYAGES OF

THE ANCIENT HAWAUANS.

Iteail Before Hawaiian Illitorlctl So-

ciety by Or. X. B. Emerson.

MOIKEHA.

Moikeba is a name distinguishednot alone as a great navigator, out alsoas the head of a family of navigators.He stands as the central figure repre-senting the period of intercourse inthe mld-heig- nt of its activity. Bythe time he appears on the stage,Hawaii must have been able to formmore definite conceptions of the coun-tries that had been vaguely describedas " Kukulu o Kahiki." His story Isof interest, not so much as opening upthe log-boo- k of an enterprising mari-ner, as being tbe record ot a lifecheckered with the same passions anddisappointments that affect mankindtoday.

The story of the voyage of twenty-thre- ehundred miles to Tahiti is no

longer charged with the early mysteryanil terror of the ocean ; these havefallen into the back-groun- d and givenplace to the emotions that controlhuman action at all times.

In Molkeha we see a man movingin the dim perspective of an age, re-mote and utterly foreign to us in allits thoughts, under the tragic influence of the passion of love. Moikebaand his older brother, Olopana, whowas chief of a district that includedthe valley of Waipio on Hawaii, lovedthe same woman, Luukia, she bolngthe wife of Olopana. 27

27 The Hawaiian language recog-nizes this relation, and applies to thetwo men the name "punalua."

"In Saturn's reignSuch mixtures were not held a stain."

If we remember that the time wasfive centuries ago, and the place darkPolynesia, we shall not be surprisedat this Saturnian state ot morals. Therelations between the brothers wasmost friendly, and continued so. Mol-keha was the highest subject in theland, the prime minister and trustedfriend of King Olopana. Heavy rainsand floods having brought desolationto the valley of Waipio, the brothersembarked their all on a fleet and sailedaway to Kukulu o Kahiki, whero theysettled, and Olopana gained sover-eignty over a land, or district, called

a.

2S There have been much discus-sion and conjecture as to the locationof the laud bearing this highly signi-ficant name. There is, if I mistakenot, an island, or district on the Mar-quesa- n

group named Omoa. May notthis be tbe same place as this Moa-ul- a-

nui-ake-

The complex relations that existedbetween the two men and the womanLuukia, were, of course, a constant invitation to a social catastrophe. Itfinally came in this manner. A Ta-hiti- an

chief named Mua looked withjealous eyes on the beautiful Luukia,and set himself to sow discord betweenher and her lover, by persuading herthat he had publicly made jest of herand defamed her. She at once severedall relations with him, and effectuallybarred herself against his approachesby a device which, as an ingeniousand ornamental lashing used in rigg-ing the canoe, has become famous inHawaiian legend as "ka pau o Luu-kia." 29

29 (The pa-- u, or skirt, of Luukia.The pa-- u was the garment of modestyanciently worn by Hawaiian andPolynesian females, a roll or rolls oftapa cloth, or a fringe of leaves orbark, reaching from the waist to thoknees. The lashing of the canoe,called "pa-- u o Luukia," was an Intri-cate and highly ornamental piece ofweaving, done in different colors ofsinnct, which joined the cross pieces,iako, to tbe float of the outrigger,amaj.

Unable to penetrate the secret ofthis unaccountable action of Luukia,or to extract from her any explana-tion or hint as to its motive, Moikeba,in mortification and despair, deter-mines to gather together his followersand embark for Hawaii. "Let ns sailaway to Hawaii," said he, "because Iam bo agonized with love for thiswoman that I am ready to take myown life. When the ridge-pol-e of myhouse, Lanikeha, sinks below thehorizon, I shall cease to grieve forxaniti."RETURN OF MOIKEHA TO HAWAII.

Kamahulele, his headman, stirs upthe work of preparation, and in theearly dawn, at the rising of the star,Sirius, (Hokubookelewaa), Molkeha,with a considerable retinue of attend-ants and followers, puts to sea andsteers for Hawaii. His adopted son,Laa, whom he had brought from Ha-waii, he leaves to the care of hisbrother, Olopana, who, in the wholeaffair, seems to have remained in thebackground.

It was early morning when the sea-wo- rn

voyagers of Molkeba's companyfound themselves floating in Hilobay, and in wondering admirationsaw before them the naked bosom ofHawaii, with her milk-staine- d

breasts, Kea and Loa, pinked by thedawn, upturned to heaven, as if stillin slumber.

Standing on the ample platform ofthe king's double canoe, its triangularsail and streamers of red tapa stirredby the air, the bard Kamabualelecelebrates the occasion in song, whichtradition has banded down to us:

kamahualele's address TOHAWAII.

Behold Hawaii, the island, the nation,The nation Hawaii, oh,Hawaii is a nation,The offspring of Tahiti,A princely flower from Kapaabu,From Moaulanuiakea of Kanaloa,Grandchild of Kabiko and Kapuiana- -

kehau,Papa begat him,

JAMfefaJfinir.,l)iili riff 'iTtiliiaMii

The daughter she of KakalaniehU andKahakauakoko.

Fragments of land erouDed together.Placed evenly east and west,Ranged uniformly In a row,Joined on to Holani.Kaialea, the seer, made the circuit of

the group;Shattered was Nuuhlwa, a part flew

to Folapola.Kahiko was the root of the land,He rent the islands asunder;Parted was the fish-lin- e of Kahai,That was cut by a;

Divided up was tho land, the islands,uut oy we sacred knife of Kanaloa.Haumea 30 of the bird Kahlkele,Moikeba Is the chief who shall occupy

it.My chief, shall occuDy Hawaii.Long life to Kalana," long life!Prosper shall the king and the priestjProsper shall theseerand the servant;They shall dwell tranquilly on Ha-

waii;Hear the prattle of grandchildren on

Kauaf.Kauai is the islandMolkeha is the chief.

30 (Polikapu says that Haumea,when born, was taken out of hismother's head he was a kupua andwas put on tho back of a bird, "Kahl-kele,1' or "manu kahi kele," andbrought to Hawaii, a very high god).

MOIKEHA AT-- KAUAI.

As Moikeba coasted along on hisway to Kauai, one and another of hiscompany, enticed by tho attractionsthat offered themselves, left him andsettled down to enjoy the abundanceof the land.

Arrived at Kapaa, on Kauai, Mol-keha went ashore in style, and wascordially received by the residentchiefs of the district. His manly graceso captivated tho hearts of two youngwomen named Hoolpolkamalanai anaHinauu, who were refreshing them-selves with surf-bathin- g, the daugh-ters of a chief named Puna, that theybegged of their father to be permittedto become his wives, and the requestwas granted.

His days ot adventure and activeromance over, Moikeba settled down,and in due time found himself thehappy father of five sons, tho young-est of whom, Klla, was a boy ef greatpromise.

F. A. Schaefer filed a new bondfor $15,000 as guardian of Carl A.,Elias A. and Antonio A. Holt, yes-terday. The former bond, whichwas for $30,000, was cancelled.

I have never been able to procureany medicine that would relieve meof rheumatic pains like Chamberlain'sPain Balm. I have also used It forlame back with great success. It isthe best liniment I have ever used,and I take pleasure in recommendingit to my friends. Mrs. EmilyThorne, Toledo, Washington. Forsale by all dealers.

Benson, Smith & Co.,Agents for H. I.

2$cxd 2tf)Brrustnunt3.

Election of Officers.

THE ANNUAL MEETING OFATthe Kohala Sugar Co. held onTuesday, October 24th. the followingofficers were elected for the ensuing year:

8.0. Allen PresidentM. P. Robinson Vice-Presid- ent

J. B. Atherton TreasurerW.A.Bowen SecretaryO.M. Cooke Auditor

E. D. TENNEY,Acting Secretary.

Honolulu, H. I., October 25, 1893.3319-t- it 1503-- lt

NOTICE.

AT THE ANNUAL MEETINGoftheFEPEKKEO SUGAR CO. held 03

tho 18th October, 1893. tho followlnj oScarwere elected for the enmlng jesr and untiltheir ancceifori are appointed:

Alex. Young Preildent.W, F. AllenV. 31. Kwamr. Treainrer.W. II. Balrd .. . Secretary.T IUKcyworth Auditor.

W. II. BAIRD, Secretary1.Honolulu. October IS. 1993. 15C.M

M. GOLDBERG I1 1HIETST00EDZ2. KikiJ

1.50 UP.n Order Blanks nIV -B- T- vIV MAXZi.

BISMARK STABLES!

GENEUAL TJVEUY.

Feed m Sale StiesSinai Street. Wailakn, llaai.

mum obuihsd is s mmwn

with reliable dnrers,SINGLE or DOUBLES TEAMS,

SADDLE HOBSES,

Gentls for Ladles use.

TZ3 Carriages will be at erery Steamerlanding, on Steaxnara armaL

WM. GOODNESS,Proprietor and Manager.

' W.iiJG'!!&rjri-- &

wmm (gazette

-- r Tii n --nrTrnTATI r I All L JCi UX 1 JLU .

TUESDAY. OCTOBER 31, 1893.

MJTES AND COMMEKIS

Certainly, we shall call It"Palace square" until its name isofficially changed. The name" Palace square " carries no signifi-

cance with it. Palace square couldretain its name under either a re-

public or annexation in eitherevent it would simply serve as areminder that an unworthy mon-

archy had passed away.

It is true the Advertiser re-

ported the fact that the natives atthe merry-go-rou- nd had cheeredthe National band when theyplayed the "Star-spangle- d Ban-

ner." It is also true that if thecoming hapa-haol- es and the foreignpoliticians the latter anti-Americ- an

by birth would leave thenatives alone for a few weeks, theHawaiians would be cheering the" Star-spangl- ed Banner " from oneend of the islands to the other.The attempt of the Bulletin, nowrunning on credit, to make politicalcapital out of the matter is worthya journal on the losing Eide.

By the way, the "occasional"editor of the Bulletin is trying thestrength of bis intellectual muscleon the letter of Mr. Lyons, latelypublished in a local paper. Well,well, whenever you convince any-

body who is posted on the disgrace-ful personal fight made about thattime against the reform cabinet bya now would-b- e prominent royalist,who is considered neither "fleshnor fowl" at present by either roy-

alists or annexationists well pleasejust inform the public of the event.Neither the royalists nor the an-

nexationists are taking any chanceson being "sold out" by "bloody fur-riner- s"

just at present, and thereare no bids which will be nibbledat even though published in thecolumns of the Bulletin. The pub-

lic has quite enough intelligence todistinguish when the "other" editor is writing editorials for love.

The councils did the proper thingThursday afternoon when they re-

fused to take action in the applica-tion of the Pacific Mail and Occ-idental and Oriental lines upon re-

quest for certain privileges specifiedelsewhere. It is the general beliefthat an understanding exists be-

tween the Pacific Mail and theOceanic companies on the points inquestion and, until the matter iscleared up, the government is perfectly right in withholding anyfavors, eo long as the traveling andcommercial public are discrimi-nated against. The game nowbeing played by the steamshipcompanies is an old one ; but inthe case of Hawaii the evilis not without its cure. Wheneverthe Pacific Mail or the Oceanic linefeel disposed to enter a combina-tion to cinch Hawaii they shouldbe informed at once that this coun-

try is able to get along withouttheir services until other lines canv ,. i.i:..i j j i.!j:uc cBtuuiisiicu auu ne buusmiesgranted. The people of these isl- -

ands are becoming thoroughly tiredof Mr. Spreckels' outward blusterand silent combinations, and if theProvisional government should fora moment so far forget itself as togive in to the outside pressurebrought to bear periodically bythese steamship companies, itwould find the people, who are thepatrons of these lines by necessity,would soon demand a differentpolicy. There is no fear that wewill have to go back to sailingvessels ; and if the question comesto a pinch it had better be foughtout at once. We have capital andenterprise in Hawaii which couldably establish a new steamshipline between Honolulu and thecoast, and we believe would be will-

ing to do so in case the companiesnow combining to monopolize thefreight and passenger traffic shouldsee fit to order a strike against thepeople of Hawaii.

-- 3", " Y r p5W -r

HAWAIIAN GAZETTE, TUESDAY, OGTOIEB 31, 1893.

"HAWAII'S COMING RACE."

The Holomua having admitted

that the aboriginal Hawaiian isJ destined to disappear, and that thedays of his political supremacyare consequently numoereu, at-

tempts, in a labored article underthe above heading, to make it ap-

pear that the half-cast- e, or crossbetween the native and foreigner,is to be the ruling race of the future.In proof of thiB it cites the rapidgrowth of this element during thelast few years. According to thelast census they increased in sixyears from 4218 to 6186, or over 46

per cent. This is certainly a largeincrease, and, taken by itself, mightseem to afford some support to theHolomua's contention. But if theHolomua writer had looked intothe same census report alittle further he would havediscovered that during the sameperiod the Hawaiian-bor- n childrenof foreign parents foreign by birthor descent on both sides increasedfrom 2040 to 7495, or over 267 percent. In other words, the classborn here of unmixed foreign bloodincreased more than five times asfast as the mixed race. If fecundityand rapid increase is any indica-

tion of vigor of stock and conse-

quent future supremacy, it is easyto see in whose hands the futuredestiny of this country will rest.If an increase of 46 per cent, in sixyears is "wonderful," how aboutan increase of 267 per cent, in thesame time ? The Holomua's figuresare correct so far as they go, but.they leave part of the story, andthe most important part at that,untold.

PLEBISCITE IN HONOLULU.

The "Sun's" Opinion of theProposed Election For and

Against Annexation.According to unconfirmed and un-

official reports from Washington, thepolicy of Mr. Cleveland's administra-tion, with regard to Hawaii's proposalof annexation, will be found, whendisclosed to the country, to be aboutas follows :

1. A plebiscite of the residents ofHawaii to determine the form ofpermanent government for the isl-ands, and to decide whether theislands desire either annexation or aprotectorate by the United States.

.rending the popular vote in Hawail, and the establishment of a per-manent government, a guarantee bythe United States of protection againstforeign interference.

3. Assistance bv the United Statesin enablinsr Hawaii to hold a free and i

peaceful election, partly through the I

exercise of our government's moralinfluence in the islands, and partly bya somewnai, imposing naval demon-stration at Honolulu at the time ofthe voting.

These are the main features of theprogramme as described In the variousand not altogether harmonious reportsas to the character of Mr. Blount's re-commendations to Mr. Cleveland, andMr. Cleveland's intended policy. Partof the story is derived from state-ments made with great positivenessand particularity by the BaltimoreSun, which professes to have exactknowledge of the nature of Mr.Blount's recommendations and of Mr.Cleveland's acquiescence in Mr.Blount's conclusions. Part is derived,on the other hand, from theNew YorkHerald's despatches from Washington.As that journal has been the mostardent upholder of Mr. Claus Spreck-el- s'

peculiar interests, and a constantadvocate of the restoration of the de-throned queen, we are inclined toattach importance to the informationit publishes, whenever the same is notin line with its own desires and de-mands. It is decidedly encouraging,for example, to learn now from theHerald itself that " the restoration ofthe queen to the throne Mr. Blountnever contemplated, by anything hesaid in nis report, and the admlnlstration would not favor such a course, J

even if he did."Dismissing the absurd and odious

iUea of the restoration of monarchy inHawaii by the efforts of an Americanadministration, the essential featureof the policy now attributed to Mr.Cleveland Is the plebiscite; that is togSS ? ggb?2o2Svote in the islands. While it is prema- -ture to discuss or criticize the administration's plan on the strength ofthese unofllcial reports from Wash-ington, it is quite permissible to In-quire what would be signified andinvolved by the institution of a pie- - j

biscite for this purpose at the instanceof our government

The proposal of a reference of theannexation question to the residentsof the islands, as a preliminary to fur-ther negotiations, wonld indicate f hnr.in Mr. Cleveland's views annexationis constitutional, not unconstitutional.If it were beyond the constitutionalpower of this government to assumecontrol over these outlying islands ofthe sea, there would be no occasionfor a plebiscite to ascertain whether amajority of the Hawaiians want to beannexed or protected. This pointneeds no elucidation. It is ohviousmat u air. v,ieveianus policy is as re--ported, the president shares the Sun'sooinion. that annexion ,-- - .v bvuv..utional, and rejects the elaborate argu-ments of Judge Cooley and the otherexpounders of the organic law whohave been laboring to convince himthat the annexation of Hawaii Js not I .constitutional. ;

The proposed reference of the ques--

tion to the whole body of HawaiPs. in-

habitants would likewise signify thatin Mr. Cleveland's view annexation,or a form of American protectorate, isnot intrinsically and necessarily un-desirable. If it were folly, in hisopinion, for us to acquire the islandsunder any circumstances, he wouldnever propose that the people ofthe, islands be required to decidewhether the islands shall be takenin under the American flag. Mr.Cleveland is altogether too seriousminded a statesman to indulge in suchtrifling. Therefore, if the reports ofhis intentions are in the main accu-rate, we take it for granted that heshares our opinion on the generalquestion of the desirability of acquir-ing Hawaii, rather than the opinionof those who advise him that theislands are not worth having.

Thus far all is clear enough. "Whenwe come to the practical working of aplebiscite instituted in Hawaii atthe instance of our government, somedifficult questions arise. The Pro-

visional government, the only exist-ing authority in Hawaii, wants an-nexation. It has said so. It hasalready applied for annexation. Theonly purpose of such a plebiscite asSir. Blount and Mr. Cleveland aresaid to desire, would he to pass thequestion over the head of the existinggovernment to the population ofHawaii, in order to ascertain whetherthe Provisional government repre-sents a majority of the residents ofHawaii, native and foreign born. TheProvisional government would be

I ifcalf rn fcml or fho a oirinn nnlrl tndetermine this question. 2fow, underthe control of what authority wouldthe plebiscite be held? Who woulddetermine the qualifications of voters?Who would say. for example, whetherJapanese and Chinese coolies residentin Hawaii should have the right tovote equally with the native Hawa-iians and the solid foreign-bor- n resi-dents and taxpayers of the country?Who would prescribe the electoralregulations? Who would be in au-thority at the polls? As there is tobe no foreign interference under anycircumstances, the supreme power indefining the suffrage and supervisingthe election must eitner rest witn tnepresent Provisional government,already committed to annexation anditself on trial, or with the governmentof the United States, directly or indi-rectly. If our government makes afavorable vote by plebiscite a condi-tion of further negotiations for annex-ation, will it not inevitably be com-pelled by the logic of its attitude, toprescribe the conditions under whichthe plebiscite is held?

In that event we should witness anextraordinary and perplexing "spec-tacle. We should behold the federalgovernment of the United States,which has not the constitutionalpower to regulate state elections evenhere at home, regulating and super-vising an election in a foreign state,an independent country in diplom-atic relations with us, a sovereignmember of the world's family of na-tions! If the reported programme iscarried out to the extent of sendingan imposing fleet of American warvessels "to guarantee a peaceful andfair election" in Hawaii, we shouldbehold the government of the UnitedStates not only regulating a foreignelection, but actually on guard overthe Hawaiian polls with bayonetsand gunpowder! The whole history offederal interference with local elec-tions here at home contains no inci-dent approaching this in its sensa-tional novelty and its bewildering in-version of accepted principles.

We beg leave to call attention tothe fact that this is the true meaningof the project credited to Mr. Blount'sgenius. and now attributed rigntiy orwrongly, to Mr. Cleveland. Howeverfederal interference at the Hawaiiannoils mav be disguised in the Ianguage of diplomacy, it will be federalInterference at the Hawaiian pollsnone the less, if there is the slightestattempt on the part of our govern-ment to prescribe the conditions un-der which the plebiscite is held.

We conclude, then, that the pro-posed plebiscite will be conducted,not by the United States, hut by theProvisional government of Hawaii.New York Bun, October 7th.

MINISTER WILLIS.

It Is Said That His InstructionsHave Been Materially

ModiSed.

Some sort of a hitch has occur-red in the arrangements for Minis-ter Willis' departure for Hawaii.It was originally intended that heshould said from San Francispo onthe steamer of the 12th and he hadplanned to leave here last Wednes-day. At the instance of the presi-dent, however, he delayed his departure, and "" is still in"J the "W.Wltu no prospects of an immediatedeparture. He has had severalconferences with the presi-thre- e

dent during the pastdays in regard to his missionand has not as yet received hisfinal instructions, those previouslygiven him having undergone cer-tain important modifications, thenature of which is not divulged.Minister Willis was at the statedepartment for several hours yes-terday. HiB movements will begoverned entirely by the president'swishes.

Mr. Willis has made arrange-ments for a prolonged stay at hispost. He has sold his property athis home in Kentucky and willtake hiB wife and boy with him tothe land of the kanakas. If thepossible event of the establishmentof a Hawaiian protectorate his du-ties will be of unusual importance.

Washington Star, Oct. 10.

The Australia will inI?e ba.nFrancisco, November 11th : MornsHyman, Miss Emmes, Mra Young,Mrs. J. H. Soper and two children,W. H. Soper, H. W. Severance andwife, Mrs. Wilson, and Mrs. Ad--TMirfll. T . R . uu.wu..uunrtA inrn...u Annn- -vnu6u- - I

ters.

in trie Supreme Court of the Hawai-

ian Islands.

September Term, 1893.

The Provisional Government or theHawaiian Islands vs. ChristiasGertz.

BEFORE JUDD, C 1., BICKEBTON, AND

JJ.

It is not a ground for a new trial, that ajury was drawn, against the objectionof the defendant, from the remainder otthe regular panel after the names oftwelve jurors who were sitting; in an-other case had been withdrawn byorder of the Court, no prejudice beingshown to have resulted therefrom tothe defendant.

"Section 9, Chapter Laws onS92, doesnot give tne deiendant toe rignt to tueclosing argument when he presents noevidence.

Insti actions nerd not be given in the formrequested, if as given they correctlystate the law and cover the ground.

The unexplained presence of opium in acase of goods imported by the defend-ant is evidence from which the jurymay infer an intent on the part of thedefendant to import the opium.

Making an entry of goods, and describingthe goods in the entry as exempt fromduty and as imported by the steamer"Australia" from San Francisco, isevidence from which the jury mayinfer that the steamer came from a for-eign port.

OPINION OF THE COURT BY FEEAK, J.

This case comes up on exceptionsfrom the Circuit Court of the FirstCircuit, where at the last AugustTerm the defendant, upon his appealfrom the District Court of Honolulu,was found guilty of importing opiumcontrary to the provisions of Section1, Act 12 of the Laws of the Fro- -visional Government of the HawaiianIslands.

The first exception was taken tothe overruling of defendant's objec-tion to the drawing of a jury fromthe remainder of the regular panel ofthirty-si- x jurors, after the names oftwelve jurors who were then sittingin another case bad been withdrawnby order of the Court.

Tho excusing of jurors is a matterwhich, in the absence of statutoryprovisions to the contrary, lies in thediscretion of the trial judge, ardsuch discretion will not be interferedwith unless it has been abused orunless some prejudice has resultedtherefrom to the complaining party.It is not an abuse of discretion toexcuse twelve jurors for the reasonthat they are engaged in anothercase. If Uhis could not be done,much delay and expense might need-lessly be incurred, for no new casecould be called while a jury was en-gaged in hearing another case or indeliberating upon a verdict after thecase, had been submitted to them,which might be many days; and insome instances it might also be un-

reasonable and against the interestsof justice to require jurors to sitagain immediately after finishing along and wearisome case or aftersitting in several cases success-ively. No prejudice has beenshown in the present case tohave resulted to the defendantby the withdrawal of the names ofthe twelve jurors. Indeed, in makingup the jury in this case, notwith-standing a number of challenges, theremainder of the panel was not ex-hausted. No talesmen were re-quired. Statutory provisions havingbeen complied with, the question is,was there a fair and impartial jury.It is not even suggested that therewas not such a jury in this case. Theweight of authority is in harmonywith the foregoing views, and someCourts have gone further than weare required by the facts of this caseto go.

In Stale vs. Fills, 58 Mo., 556, itwas held that when a portion of theregular panel wore sitting in anothercase, it was competent to draw thejury from ihe remainder of thepanel and, after exhausting that, tocomplete the jury from the by-standers. So in Bradley ts. Bradley, 45Ind., 67. In Alexander ts. OsJiJcosTi, 33Wis., 277, it was held proper to ex-cuse twelve jurors foi the reason thatthey had just been discharged inanother case. In Emeriek ts. Sloan, 18la., 139, it was held proper to makeup a jury of one of the regular paneland eleven talesmen, all the otherjurors of the panel having been ex-cused by the Court. See also Fullerts. Slate, 1 Blackf., 64, and Rex ts. Mac- -

farlane, 7 Haw., 352.The second exception was to the

refusal of the Court to allow defend-ant's counsel to make the clongargument to the jury, tho defendanthaving presented no evidence. Thisis claimed as a right under that por-tion of Section 9, Chapter LVL, Lawsof 1892, which reads as follows: " Ifthe defendant shall present any evi-dence, he, or his counsel, shall first,alter tne close of the evidence, ad-dress the jury upon the facts, afterwhich the opposite side shall be en-titled to the closing argument uponthe facts." It is contended that thisstatute by implication entitles thedefendant to the closing argument ifhe presents no evidence.

By the express terms of Section45, Chapter XL., LawB of 1876 in(Comp. Laws, page 351), "after theaccused or his counsel has summedup and closed his case, the prosecut-ing attorney shall have the right tosum up the entire evidence and closethe debate." Such also is the pre-vailing practice in the absence ofstatute. "In all (criminal) cases.the and close' is with:"""JZf'u'X

t rL - , . . . . . ?tuubrme is aeciarea Dy statute. This is so. Inalthough the accused offers no evi--i to

dance." Thompson on trials, Sec.243. This is only an application ofthe general rnle that the right toclose belongs to the party uponwhom rests the burden of proof. Inview of the former express statuteabove quoted and the general rule ofpractice, an intention to change theorder of argument should be clearlyexpressed in the later statute. Thostatute in question provides whatshall be the order of argument, " ifthe defendant shall present any evi-

dence," but is utterly silent as towhat shall be the order, if he shallpresent no evidence. So far as thestatute goes, it is not in conflict withthe earlier statute'. The Court can-not read into it words that are notthere, and which, if inserted, wouldbe inconsistent with, and thereforeoperate as a repeal of the earlierstatute. Bepeals by implication arenot favored. Snthorland, StatatoryConstruction, Sections 138, 148, 152.

The exceptions to the refusal ofthe Court to give to the jury certaininstructions requested by the de-

fendant, and to the charge as given,and to the verdict as being contraryto the law and the evidence will beconsidered together. The instruc-tions refused, being the second,third, fourth and fifth requested,were as follows :

2. The fact (even if the jury be-

lieve it to be a fact), that opium wasfound in a case of goods belongingto, and consigned to defendant, willnot of itself warrant conviction, butthe jury must be also convinced fromthe evidence, beyond a reasonabledoubt that such opium was placedthere by the act, connivance, knowl-edge or consent of the defendant.Unless such act, connivance, knowl-edge or consent of the defendantappears from the evidence beyond areasonable doubt, the defendantshould be acquitted.

3. The intent of the defendant isan essential featnre in the proof ofthis charge. He cannot be convicteduntil the prosecution has adducedevidence to convince the jary notonly that opium was imported, butalso that its importation was accom-plished in pursuance of the purposeand intent of defendant.

4. There is no evidence before theCourt in this case tending to showan intent on the part of defendant toimport the opinm alleged to havebeen found in a case of goods be-

longing to him.5. There is no evidence that the

steamer "Australia," in which theopium in question is claimed to havebeen imported, arrived at Honolulufrom any foreign poifc or country.

On the question of intent the Courtcharged the jury as fol'ows: "Asregards the question of intent, it isthe law that in criminal rrr.tters theremast be a criminal intent and yonmust be convinced beyond a reasonable donbt that the defendant wasknowingly and willfully a party tothe introduction into this countryfrom abroad of the opium hereincharged to have been imported.

In regard to intent it is aquestion ior you to find from tho evi-der-

and from the facts prodncedwhether the defendant imported thisopium. If a man importsrases of goods and in those cases arecontraband forbidden goods, prohib-ited goods, and it is unexplained, itis a question for the jnry whetherthere was any intent on bis part toimport those goods." This instruc-tion, (which embodies the first in-

struction requested by defendant),covers all that is contained in thethird requested instruction. Instruc-tions need not be given in the formrequested, if as given they correctlystate the law and cover the ground.Jiex v. Ahop, 7 Haw. 556; Rex v.

The second requested instrnction,so far as it relates to the qcestion ofintent or knowledge, is also coveredby the instruction given by theCourt, and in so far as it is not cov-ered by the instruction given, it wasproperly refused. It would tend tolead the jury to think, erroneously,that the defendant must have knownof, or consented to, the placing ofthe opium in the case, while it wouldbe sufficient if be afterwards, butprior to its seizure, learned that itwas there. It would also tend togive the jnry an erroneous impres-sion that the fact that opium wasfound in a case of goods belongingto, and consigned to defendant,wouia unuer no circumstances war-ra- rt

convict'on, and that the knowl-edge or consent of the defendantmight not be inferred from the un-explained presence of the opium inone of his cases, but that it must boshown entirely by some other evi-dence, as by some positive words oracts proved to have been uttered ordone by the defendant and directlyshowing knowledge or consent onhis part.

The fourth requested instrnctionis open to the same objection: Itcontains an implication that the find-ing of the opium in the defendant'scase is not evidence of an intenton his part to import the same, butthat the intent must be shown on.tirely by other evidence, presumablydirect evidence of what was in thebrain of the defendant.

This brings ns to the questionwhether, as respects the question ofintent, there was evidence to sustainthe verdict. If there was evidenceon mis point, tne court was justified

refusing to instruct the jury thatthere was no evidence, as it wasrequested to do expressly in thefourth, and virtually in the secondinstrnction. The jury found, or werefully warranted in finding, from theevidence, that certain cases of goodswere imported by the defendant,that opium was found in one of thosecases, and that the presence of theopium there was whnllw nnni.,;n.j

view of these facts, it seems to us"have been properly left to the jury

to say whether there was an intent onthe part of the defendant to importthe opium. The mere fact thatopium was fonnd in a case of goodsbelonging to and imported by thodefendant is not conclusive evidenceof guilty knowledge or intent, but itis prima facie evidence. It may berebutted. The evidenco introducedon behalf of the Government mightof itself in some cases be such as toexplain the presence of the opinmwithout casting suspicion upon thedefendant, or on tho other hand itmight in some cases be such as tothrow very great suspicion upon him,making it almost absolutely neces-sary for him to offer evidence inrebuttal in order to clear himself.According to the circumstances, thedefendant might in some cases notbe required to make any attempt torebut the evidence for the Govern-ment as to knowledge oc intent,while in other cases, his failure to doso would be more or less stronglycorroborative oE the other evidenceagainst him. Where, as in this in-

stance, the opium is shown to havebeen in a case oZ goods imported bythe defendant, and no explanationof this fact in any way appears, andit does not appear that it was not inthe power of the defendant to procureevidence exculpating himself, or thatany attempt was made to procuresuch evidence, it seems to us thatthe Court properly submitted thequestion to the jury to find whether,as an inforence of fact, the opiumwas imported with tho knowledge orconsent of the defendant. See Gor-

don ts. People, 33 N. Y. 509, andSchooner Mary and Cargo, 1 Gall. 209.This, obviously, is not holding thatan inference prejudicial to the ac-cused may be drawn from his neglectto offer himself as a witness, or thatthe presiding Judge may commentupon the strength or weakness ofthe evidence, but merely that hemay charge the jury that there isevidenco tending to establish a spe-cific fact involved in the cause, leav-ing it to the jnry to say whether theevidence is sufficient to establishthat fact.

The fifth requested instrnctionwas also properly refused. Therewas evidence that the steamer "Aus-tralia," in which the opinm wasalleged to have been imported, ar-rived at Honolulu from a foreignport. Witness Sanders testified thatthe steamer "Australia" arrived inHonolulu the 17th of last May. Thedefendant himself, in his inwardentry, which was in evidence, signedand sworn to by himself, speaks oftbe goods, in one of the cases ofwhich the opium was found, as en-titled to "exemption from duty, inaccordance with the provisions ofthe Treaty of Reciprocity with theTJnitod States of America," and bb"imported in the steamer'Australia' whereof Capt. Houdlette isMaster, from San Francisco." Thisis an admission that the steamercame from San Francisco, a foreignport. The very fact that an entrywas made, and that exemption fromduty was claimed was an admissionthat the goods were imported, forno entry is required, nor duty levied,for goods transported from one ofthese Islands to another.

The exception to the allowance ofan amendment to the verdict wasabandoned at the argument.

The exceptions are overruled.Attorney-Genera- l W. O. Smith for

tho Government; O. W. Ashford forthe defendant.

Honolulu, October 20th, 1893.

Hawaiian Stamps

WANTED.

IWILL PAY CASH. FOR EITHEElarge or small quantities of used Ha-

waiian Postage Stamps, as follows:(These offers are per hundred and any

quantity will be accepted, no matter howemail, at tne same rates.)1 cent, violet $ 751 cent, blue 751 cent, green 402 cent, vermilion 502 cent, brown 752 cent, rose 302 cent, violet. 1891 issue HI5 cent, dark bine ..... l 506 cent, ultramarine blno 1 006 cent, green ;. 2 5010 cent, black 4 0010 cent, vermilion 6 0010 cent, brown 2 5012 cent, black . 6 0012 cent, maave ; 6 0015 cent, brown 6 0018 centred 10 0025 cent, purple 10 0050 cent, red 25 00$1, carmine , 25 001 cent envelope 602 cent envelope 754 cent envelope 2 005 cent envolope 2 0010 cent envelope 5 00

No torn stamps wanted at anyprice. Address:

GEO. E. WA8HBTJBN,P.O. Box 2068. San Francisco, Gal.

3021 1418-t- f

rtC2?i5 TtM'

WffPioneer Steam

CANDY FACTORY and BAKM

HOEU Practical Comectloner,Pantrr Coot and Baker.

u. 71 Hotel 1. Telephone,

Artistic printing at the GazetteOffice.

tf

t

1 "

BTATJTHOEITYACT G6.

An Act Making Additional Appropri-ation! for the Ue of the Ha-

waiian Government.

Be it Exacted by the Executive andAdvisory Councils of the ProvisionalGovernment of the HawaiianIslands :

Sectiok 1 The following sumsamounting to Ninety Thousand andThree Hundred Dollars ($90,300.00) arehereby appropriated from the publicTreasury, in addition to the sums here-tofore appropriated, for the followingpurpDses, namely:

PBOVISI0XAL GOVERNMENT.

General expenses ProvisionalGovernment $ 50,000 00

DEPARTMENT OF FISASCE.

Incidentals, Custom House. . 1,000 00

ATTORNEY GENERAL'S DEPARTMENT.

Pay police of Oahu 25,000 00Incidentals, and civil and

criminal expenses 10,000 00

DEPAKTHZNT OF INIEEIOB.

Sunning expenses, WaterWorks 3,000 00

Pablicrouuds 1,300 00

$ 90,300 00Sec. 2 This Act shall take effect

from the date of Us publication.Approved this 26th day of October,

A. D. 1893.rSigned. SANFORD B. DOLE,

President of the Provisional Governmentof the Hawaiian Islands.

(8igned)J. A. King,

Minister of the Interior.3520 1503-l- t

Opfice or the Board of Health, )

Honolulu, H. I., Oct. 25, 1S93.J

Notice is hereby given that at aregular business meeting of the Board of

Health held in its office on the above

date, section 20 of the Quarantine Regu-

lations, adopted March 18, 1891, was

amended so that said section 20 shallread as follows :

"20 Vessels arriving from an Asiaticport, or from any part reported tobe infected with cholera, yellow fever,small pox, scarlet fever, plaguo or anyother disease deemed by the Board ofHealth to be dangerous to the publichealth, or vessels carrying passengers,whether steamers or sailing vessels, ifunder fourteen days from the lost foreignport of call, shall not enter any port ofthe Hawaiian Islands until permissionis granted by the port physician, or a dulyaccredited officer of the Board of Health.Such vessels if refused entry shall beanchored in quarantine at such places asmay be chosen by the pilot, underdirection of the port physician, and re-

main at such anchorage until changed oradmitted into port by the Board ofHealth.

"Provided however, that in the case ofa sailing vessel arriving under fourteendays from the last foreign port of call,and not having any such dangerousdisease on board, the pilot may bring herinto port and anchor her; but no personshall be allowed to land from such ves-

sel until permission is granted by theport physician."

WILLIAM O. SMITH,President Board of Health.

3520 1503-3- t

Sale of Government Land atliuaia, Hilo, Ha'vraii.

On WEDNESDAY, November 15,1893, at 12 o'clock noon, at the frontentrance of the Executive Building, willbe sold at public auction, a portion ofthe Government Land of Kuaia, Hilo,Hawaii, containing an area of 40 acres,a little more or less.

"Upset pride $160.It is conditioned that the purchaser of

the above land shall pay cost of surveyancl plotting of same.

Fall irformation in this regard can beobtained upon application to the LandOffice, Interior Department.

JAS. A. KING,Minister of the Interior.

Interior Office, October 16, 1893.3511 1502-- 3t

Sale of a Strip of GovernmentZand, South Slope, Punch-

bowl Hill, Honolu-lu, Oahu.

On WEDNESDAY, November 15,1893, at 12 o'clock noon, at the frontentrance of the Executive Building, willbe sold at public auction, atrip of Goveminent land, rear of lot recently boughtby Mrs. A. M. L. Smith, containing an

- area of 1715 square feet, a little more orless.

Upset price $50.

J. A. KING,Minister of the Interior.

Interior Office, October 16, 1893.3511 1502-3-t

Sale of Government Land atLaepaoo, Puna, Hawaii.

On "WEDNESDAY, November 15,1S93, at 12 o'clock noon, at the frontentrance of the Executive; Building, willbe sold at public auction, aportion of tto

IW-..- 1 Ait'

Government Land of Laepaoo, Puna,Hawaii, containing an area of 4 acres, alittle more or le-- e.

Dpset price $S0.J. A. KING,

Minister of the Interior.Interior Office, October 16, 1893.

35110

Sale of the Government Landof Waawaa, Puna,

Hawaii.

On WEDNESDAY, Novembsr 15, 1S93,at 12 o'clock noon, at the front entranceof the Executive Bnildinc, will be soldat public auction, the Government Landof Waawaa, Puna, Hawaii, containingan area of 100 acres, a little more or less.

Upset prie $250.

J. A. KING,Minister of the Interior.

Interior Office, October 16, 1893.3511 1502-- 3t

T. A. L. WILLIS, Esq. has this day beenappointed an Agent to take Acknowledge-ments to Labor Contracts fortho Districtof Kau, Island of Hawaii.

J. A. KING,Minister of the Interior.

Interior Office, Ootober 18, 1893.1202-- 3

O YOU FEEDTHE BABY?

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Pot lasts three months

PKICE 75 CENTS.firAsk vour druggist for it.

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fects of face and figure. The perma-nent removal of superfluous hairguaranteed.MBS. NEETIE HABBISOK

Amerioa's Beauty Doctor.26 Geary Street, San Francisco, Cal.

S?For sale by HOLLISTER & CO.,Druggists, 109 Fort St., Honolulu.

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Keep your friends abroad postedon Hawaiian affaire by mailingthem copies of the Hawaiian Ga-

zette and Daily Advertiser.

31 isa3 3

Hon. Henry C. Ide the newlyjudge of the supreme

court ot oamoa, who succeaeeaJudge is a passengeron the Mariposa. He is accompa-nied with his threeMr. Ide's was madeby President Cleveland, with theapproval of the ofGermany and England, in accord-ance with the terms of the tri-partite treaty of Samoa.

Mr. William Lee Chambers, alsoappointed by President Clevelandtor be one of the three land

of Samoa,Mr. Ide, and will reside at Apia.

Capt. Metcalf of San Franciscocomes as the agent of the LondonLloyd's, to examine the wreck ofthe steamer Miowera, and decidewhat to do with it. He is

with twowreckers (the Lougee brothers)and should it be thought possibleto float and save the hull an at-

tempt will probably be made todoit.

Mr. E. J. Borman is a sugarplanter of British Gui-an-d,

who comes to visit ourand will spend several

months in touring around thegroup. Mr. B. is withhis wife and two sons.

Mrs. Geo. E. Hendee, wife ofPaymaster Hendee of the

will spend a few months onthe islands. She iswith her two

Dr. William M. Taylor is a retired physician ofD. C, who haB practiced in thecapital of the United States for 31years. He will make the tour ofthese islands during his stay andprobably visit Kilauea. Dr. T. isone of the highest Masons in theStates.

Among the incoming passengerswill be noticed the names of T. H.Gibson and wife of Kauai, MissAda Whitney and Wm. L. Whit-ney of Punahou, and others.

H. M. Whitney the president ofthe Hawaiian Gazette Co., returnedhome Friday.

Judge William Foster is at homeagain after a trip to the Coast.

W. W. Goodale of Hilo returnedby the Mr. Goodale willleave for his Hawaiian home thisweek.

T. H. Davis who was expectedhome by the Mariposa had arrivedin San Francisco from Vancouverwhen that steamer left and is expected on the Australia.

M '

SIX MONTHS AND $500.

Devauchelle Gets a Severe Sen-

tence For Opium.

E. who, with J.Cockett, was arrested some daysago and charged with having opiumin his wasfined $500, and sentenced to sixmonths' at hardlabor. He at once appealed to thecircuit court. As he left the courtroom he was again arrested andcharged with selling opium unlaw-fully.

The case was a clear one againstthe defendant. A Chinaman namedAh Lum, who had been furnishedmoney by Captain Andrews, boughtforty-nin- e tins of the drug. Theyput the tins into a carriage for theChinaman, and soon after were ar-

rested, and the opium brought tothe station houEe. They demandedseparate trials, andresulted as above.

I. Cockett the young man who wasarrested with E. Devauchelle forhaving opium in his wasconvicted in the district court yes-terday and sentenced to six months

at hard labor and topay a fine of five hundred dollars.Cockett at the time of his arrestwas offered from prosecu-tion if he would turn State's evi-

dence against but herefused and demanded a separatetrial from his withthe above result.

An Art Critic in theGalleries.

or Stevenson (cousiriof Kobert Louis) was in Glasgowthe other day. Mr. Stevenson is tocontribute an illustrated essay onthe gallery of Mr. James Donald,of Queen's terrace, which has the

of the ' bestof the modern

French and Dutch schools in thecity. For the same journal Mr.Stevenson is to illustrate the col-

lection of Mr. Keiller, of Dundee.Mr. Stevenson, who has forsakenpainting for literature, is one of theablest exponents of the

His on art havelong been a feature in the Satur-day Review ; and the critics pro-nounce his article on Corot in theArt Journal as being the best Eng-lish of the scope and

of the art of thegreat Glasgow Her-ald.

'"-n- -- IL J.I pHppj!f(P((

HAWAIIAN GAZETTE TUESDAV OCTOBER

PERSONALS.

appointed

Cedarcranz,

daughters.appointment

governments

com-missioners accompanies

accom-panied professional

Demerara,plan-

tations,

accompanied

Philadel-phia,

accompanieddaughters.

Washington,

Mariposa.

SmugglingDevauchelle,

possession, Wednesday

imprisonment

Devauchelle's

possession,

imprisonment

immunity

Devauchelle

fellow-prisone- r,

Corporation

reputation containingrepresentation

impression-ists. contributions

exposition ac-

complishmentlandscapist.

MARSDEN'S NEW PETS.

Several Boxes of Insects Arriveand are Turned Loose in

Kalihi Valley.

Commissioner of AgricultureMarsden received several boxes ofthe insect scale destroyers by yes-

terday's steamer. They came downon ice, and were in splendid condi-

tion, being as lively as cricketswhen released.

The insects for the worst kindsof blight did not come, but are ex-

pected on the next throughsteamer. It is not known whenProf. Koebele will arrive, but itwill probably be soon. When hedoes, an extended examination ofthe prevalent blights will be made,and the professor will start forJapan to obtain the needed insectsfor their destruction.

The arrivals of yesterday werereleased in Kalihi valley, wherethere is a great deal of scaleon the trees. They got downto work immediately, and seemedto understand just what was re-

quired of them.

The Two-Minu- te Trotter.Twenty years ago the two-minu- te

trotter would have been consideredan impossibility, for in 1874 Gold-smith Maid's mile in 2 :14 was be-

lieved to be the ultimate possibilityof trotting speed. Nine years agoJay-Eye-S- ee trotted in 2 :10, and ayear later jviaua fa. turnea tneCleveland track in 2 :U3?. In 181Sunol showed a mile in 2 :08, andthen came the bicycle sulky, whichhas changed the scale of trottingrecords and which made possiblethe mile in 2 :04 of Nancy Hanks.

It is, however, apparent thatwhile a few horses have demon-strated that they can trot quartersin less that thirty seconds andhalves close to but slower than oneminute, no trotter has shown thesustained speed to finish a mile atthe same gait. When Directumwent to the half in 1 :00i he couldnot do the last half better than1 :0G-$- . A like result has attendedthe efforts of all the other flyers.

The two -- minute trotter maycome. But when the phenomenonappears it must be in theshape of an animal that cantrot the quarter in twenty-seve- n

or twenty-eig- ht seconds, thatcan go to the half in fifty-eig- ht

seconds, and that can then finishthe mile with quarters in thirty-on- e

seconds. Such a trotter hasnot yet been seen, but his evolutiondoes not seem impossible. N. Y.Herald.

One on the Captain.A stowaway, who was discovered

on the Mariposa a day or two aftershe started, was a trifle too smartfor the ship's company Friday.Shortly after the steamer docked,Captain Hayward, who had sent aman ashore for a policeman to takecharge of his free passenger, lethis eye wander away from hisprisoner for a minute. That min-ute was all that the stowawaywanted, and he immediately beata hasty retreat down the gang-plank and departed for unknownparts. At last accounts he was stillin those unknown parts, waitingfor the officer to find him.

A Heavy Mail.

The steamer Mariposa has an un-

usually heavy mail on board for

the various ports to which she isbound. For New Zealand she has530 bags, for Sydney 250, for Hono-lulu 50, for Samoa, Fiji and warships about twenty, or a total of850 bags. It is not certain whethershe had on board the London mailsent out via Vancouver to go bythe S. S. Miowera, but as no refer-ence wa3 made to it at the SanFrancisco post office it probablywas not sent on from Vancouver.

The detention of the Mariposaone day in leaving San Franciscowas caused by a portion of theEuropean mail having been on atrain which arrived at San Fran-cisco a day late. The London mailis supposed to go by a special ex-

press train, which has to leaveNew York promptly on time. Whena part of the mail fails to reach thedepot at the appointed hour it hasto be sent by the next train. Thisis sometimes ihe cause of thethrough steamer being late.

For some time the governmentand the board of ht-alt-h have beencarrying on negotiations for thepurchase of the kul-an- as at theleper settlement. At tb- - meeting ofthe board of he.ilth. held last week,the president stated that the mat-ter was now being effected, andwould be brought to a conclusionin the near future.

The Pacific Hardware Company Areceived a large consignment ofgoods of various kinds by the Mari-posa.

THE STORY OF MOIKEBA

ONE OP THE LONG VOYAGES OF

THE ANCIENT HAWAIIANS.

Read Before Hawaiian Ulitorlcal So-

ciety by Dr. N. B. Emerson.

MOIKEHA.

Moikeha is a name distinguishednot alone as a great navigator, but alsoas the head of a family of navigators.He stands as the central figure repre-senting the period of intercourse inthe mid-heig- ht ot its activity. Bythe time he appears on the stage,Hawaii must have been able to formmore definite conceptions of the conn-trie- s

that had been vaguely describedas " Kukulu o Kahiki." His story Isof interest, not so much as opening upthe log-boo- k of an enterprising mari-ner, as being the record of a lifecheckered with the same passions anddisappointments that affect mankindtoday.

The story of the voyage of twenty-thre- ehundred miles to Tahiti is no

longer charged with the early mysteryand terror of the ocean; these havefallen into the back-groun- d and given

to the emotions that controluman action at all times.In Moikeha we see a man moving

in the dim perspective of an age, re-mote and utterly foreign to us in allits thoughts, under the tragic influ-ence of the passion of love. Moikehaand his older brother, Olopana, whowas chief of a district that includedthe valley of Waipio on Hawaii, lovedthe same woman, Luukia, she boingthe wife of Olopana. 27

27 The Hawaiian language recog-nizes this relation, and applies to thetwo men the name "punalua."

"In Saturn's relcnSuch mixtures were not held a stain."

If we remember that the time waslive centuries ago, and the place darkPolynesia, we shall not be surprisedat this Saturnian state of morals. Therelations between the brothers wasmost friendly, and continued so. Moi-keha was the highest subject in theland, the prime minister and trustedfriend of King Olopana. Heavy rainsand floods having brought desolationto the valley of Waipio, the brothersembarked their all on a fleet and sailedaway to Kukulu 0 Kahiki, where theysettled, and Olopana gained sover-eignty over a land, or district, called

a.

23 There have been much discus-sion and conjecture as to the locationof the laud bearing this highly signi-ficant name. There is, if I mistakenot, an island, or district on the Mar-quesn- n

group named Omoa. May notthis be the same place as thisMoa-uia- -nul-ake- a.

The complex relations that existedbetween the two men and the womanLuukia, were, of course, a constant in-vitation to a social catastrophe. Itfinally came in this manner. A Ta--hitiau chief named Mua looked withjealous eyes on the beautiful Luukia,and set himself to sow discord betweenher and her lover, by persuading herthat he had publicly made jest of herand defamed her. She at once severedall relations with him, and effectuallybarred herself against his approachesby a device which, as an ingeniousand ornamental lashing used In rigg-ing the canoe, has become famous inHawaiian legend as "ka pau o JLuu-kia- ."

2929 (The pa-- u, or skirt, of Luukia.

The pa-- u was the garment of modestyanciently worn by Hawaiian andPolynesian females, a roll or rolls oftapa cloth, or a fringe of leaves orbark, reaching from the waist to theknees. The lashing of the canoe,called "pa-- u o Luukia," was an Intri-cate and highly ornamental piece ofweaving, done in different colors ofsinnet, which joined the cross pieces,iako, to the float of the outrigger,ana),

Unable to penetrate the secret ofthis unaccountable action of Luukia,or to extract from her any explana-tion or hint as to its mofive, Moikeha,in mortification and despair, deter-mines to gather together his followersand embark for Hawaii. "Let us sailaway to Hawaii," said he, "because Iam bo agonized with love for thiswoman that I am ready to take myown life. When the ridge-pol-e of myhouse, Lanikeha, sinks below thehorizon, I shall cease to grieve forTahiti."KETURN OF MOIKEHA TO HAWAII.

Kamahulele, his headman, stirs upthe work of preparation, and in theearly dawn, at the rising of the star,Sirius, (Hokuhookelewaa), Moikeha,with a considerable retinue of attend-ants and followers, puts to sea andsteers for Hawaii. His adopted son,Laa, whom he had brought from Ha-waii, he leaves to the care of hisbrother, Olopana, who, in the wholeaffair, seems to have remained in thebackground.

It was early morning when the sea-wo- rn

voyagers of Moikeba's companyfound themselves floating In Hilobay, and in wondering admirationsaw before them the naked bosom ofHawaii, with her milk-staine- d

breasts, Kea and Loa, pinked by thedawn, upturned to heaven, as if stillin slumber.

Standing on the ample platform ofthe king's double canoe, its triangularsail and streamers of red tapa stirredby the air, the bard Kamahualelecelebrates the occasion in song, whichtradition has handed down to us:

KAMAHUALELE'S ADDRESS TOHAWAII.

Behold Hawaii, the island, the nation,The nation Hawaii, oh,Hawaii i3 a nation,The offspring of Tahiti,

princely flower from Kapaahu,From Moaulanuiakea of Kanaloa,Grandchild of Kahiko and Kapnlana- -

kehau,Papa begat him,

The daughter she of Kukalanlehu aidKahakauakoko.

Fragments of land grouped together,Placed evenly east and west,Ranged uniformly In a row,Joined on to Holani.Kaialea, the seer, made the circuit of

the group;Shattered was Nuubiwa, a part flew

to Polapola.Kahiko was the root of the land,He rent the islands asunder;Parted was the fish-lin- e of Kahai,unai was cut oyDivided up was the land, the islands,Cut by the sacred knife of Kanaloa.Haumea 30 of the bird Kahlkele,Moikeha is the chief who shall occupy

It.My chief, shall occupy Hawaii.Long life to Kalana,fong life!Prosper shall the king and the priest;Prosper shall the seer and the servant;They shall dwell tranquilly on Ha-

waii;Hear the prattle of grandchildren on

Kauaf.Kanai is the islandMoikeha is the chief.

30 (Poliknpu says that Haumea,when born, was taken out of hismother's head he was a kupua andwas put on the back of a bird, "Kahl-kele,1' or "manu kahi kele," andbrought to Hawaii, a very high god).

MOIKEHA AT-- KAUAI.As Moikeha coasted along on his

way to Kauai, one and another of hiscompany, enticed by the attractionsthat offered themselves, left him andsettled down to enjoy the abundanceof the land.

Arrived at Kapaa, on Kauai, Moi-keha went ashore in style, and wascordially received by tho residentchiefs of the district His manly graceso captivated the hearts of two young-wome-

named Hooipoikamalanai andHinauu, who were refreshing them-selves with surf-bathin- g, the daugh-ters of a chief named Puna, that theybegged of their father to be permittedto become his wives, and the requestwas granted.

His days of adventure and activeromance over, Moikeha settled down,and in due time found himself thehappy father of five sons, tho young-est of whom, Kila, was a boy ef greatpromise.

F. A. Schaefer filed a new bondfor $15,000 aa guardian of Carl A.,Elias A. and Antonio A. Holt, yes-terday. The former bond, whichwas for $30,000, was cancelled.

I have never been able to procureany medicine that would relieve meof rheumatic pains like Chamberlain'sPain Balm. I have also used It forlame back with great success. It isthe best liniment I have ever Used,and I take pleasure in recommendingu to my menus, mks. JianLYThorne, Toledo, Washington. Forsale by all dealers.

Benson, Smith & Co.,Agents for H. I.

jNtro SluDtrtistnumta.

Election of Officers.

A TTHE ANNUAL MEETING OF--TJL the Kohala Sazar Co. held onTuesday, October 24th. the followingofficers were elected for the ensuing year:

8.C. Allen PresidentM. P. Robinson Vice-Presid- ent

J. B. Atlierton TreasurerW.A.Bowen Secretary 'O.M.Cooke Auditor

E. D. TENNEY,Acting Secretary.

Honolulu, H. I., October 23, 1S93.3519-t- it 1503-- lt

NOTICE.

AT THE ANNUAL MEETINGofthePEl'EEKKO SUOAIt CO. belt! ntho 18th October, 1833, tho followlnj effleer

were elected for tho eniulng jcar and antltheir ancestors are appointed:

Alex. Young Preildent.W, F. AllenY. 31. Stvanxr. Treamrer.W. II. Balrd . SecretaryT. Auditor.

W. H. HAIKU. SecretaryHonolulu, October 13. ISM. 1503-- 4

i "K ( 1 1 B Hl Jgi V

. in

J M. GOLDBERG iI I.SO UP. J

n Order Blank HII -D-Y- II

BISMARK STABLES!

OENEBAL LIVEEY,

Feed ai m mnMaul Street, Wailakn, Maai.

mvm mm in s ummmm

vitb reliable (hirers,SINGLE or DOUBLES TEAMS,

SADDLE HOaSES,

Gentle for Ladies use.

T3T Carriages will be at erery Steamerlanding, on Steamars arrival.

Wtt GOODNESS,Proprietor and Msaijer.

"M''? vi&iisjjr . j&b

:",'J l"1 jq' v " T"7 5p n-- i -- Erp-grT'

HAWAIIAN GAZETTE, TUESDAY, OCTOIEB 31, 1893.

iffltrattatt daatte12-PAi-

iE EDITIONt

TUESDAY. OCTOBER 31, 1893.

NOTES AND COMMENTS

The statement made here bythrough passengers on the Mari-pos- a,

who from their official posi-

tion and professional relations are

likely to be as well informed as tothe purposes of the administrationat Washington as any one outsideof the president and cabinet, andmuch better informed thai thenewspaper correspondents, offer no

comfort to the restorationists, not-

withstanding the Bulletin's vigor-

ous whistling to keep up the cour-

age of its followers.

Captain McDowell's effort tofloat the Miowera has been a fail-

ure. It is to be regretted. Cap-

tain McDowell has expended sev-

eral thousand dollars in prelim-

inary arrangements, and has nodoubt worked faithfully to floatthe vessel. That he has failed hasnot been the fault of the plansadopted but rather the weakness ofthe appliances used. A new con-

tract has been let to Captain Met-

calfe, who arrived by the Mariposa.Captain Metcalfe is confident hecan float the stranded steamer bythe end of the present week.

The Bulletin is cock sure themonarchy will be restored becauseMr. Celso Ciesar Moreno is sendingdelusive dispatches for Hawaiianconsumption just before each Bteam-e- r

leaves San Francisco for Hawaii.The dispatches,' which were datedWashington, October 5th, raisedcertain suspicions which were thecause of immediate correspondencewith the agents of the associatedpress at San Francisco. The replywas not reassuring as word was re-

turned by the laBt steamer that thedispatches of October 5th and 19thwere fakes sent from Washingtonby the said Celso Caisar Moreno

through the united press, an associ-

ation which holds about the sameposition in the United States thatthe Bulletin does in Hawaii thatof a fakir.

The lame apology made by theBulletin of Saturday for the streetcar line is certainly characteristicof that journal. The street car ser-

vice of Honolulu was not criticizeduntil it became a nuisance to thetraveling public. When it comesto a matter of cleanliness the carsof the Honolulu company are asdirty as the dirtiest and the serviceas poor as the poorest. This muchmust be said in its favor, that al-

most without exception the em-

ployees are men who merit andreceive the commendation of thepublic. If the management ofthe companjT was as accommo-dating as are its employees therewould be no complaint. First, thecars are dirty ; even the screws inthe seats are not kept down andtorn clothes is the rule rather thanthe exception. The curtains forthe past year or more have beenallowed to rot on the rings, and thestench about the cars, especiallyon King street, has been some-

thing almost unbearable. Smok-ing has at no time been prohibitedand ladies have been daily annoyedand insulted even uuder protest,by the priviliges granted smokingpassengers. The article publishedin this paper a short time ago wasmerely an intimation that certainreforms were necessary, but as theetreet-ca- r company seems dis-

posed to yiew the matter in thelight of an attack it may be wellto repeat the recommendation ofthis paper that the terms of thecharter under which the companyis operating Ehould be either rig-idl-v

enforced or cancelled.

When the Daily Bulletin Pub-

lishing Company was organized afew years ago, government officials

were as thick as bees peddlingstock on the streets, and some of

EESEKSEB

the stock was sold upon the mostquestionable representations. Ifgovernment officials are guilty ofselling or offering for sale Starstock on the steets, they are simplyfollowing the ordinary businessmethods which were consideredperfectly legitimate before the fallof the monarchy.

Nicaragua Canal.A movement is on foot in Wash-

ington to have a special committeeof congress inspect the work al-

ready done by the Nicaragua CanalCompany, ana to go over tne pro-

posed route of the great work.The Tacoma chamber of com-

merce has adopted a resolution in-

dorsing Congressman Doolittle inproviding for the appointment ofa committee to go to Nicaragua toexamine the feasibility of theNicaragua canal scheme on behalfof the government. The chamberwill ask every chamber and boardof trade on the Pacific coast to takeimmediate action requesting con-

gress to adopt the resolution.At the recent irrigation conven-

tion at Los Angeles, W. H. Ferryof California presented the follow-

ing resolutions which were adopted :

Whereas, To stimulate and givefinancial success to the effort herebeing made to extend irrigation,the products it increases must begiven a constantly widening mar-

ket and a corresponding extensionof transportation facilities of allkinds ; therefore, be it

Resolved, That this congress,with whatever weight its institu-tion under the national governmentand the extent of the interest it eofully represents may give, urgentlyrequest the administration and thenational legislature to immediatelypromote the construction of theNicaragua canal, since it would atonce, more than all other measurescombined, bring to our doors themarkets of the East and of Europe,as well as to them the commerce ofAsia ; be it further

Resolved, That a committee, toconsist of one from each State andTerritory, be appointed for the pur-pose of promoting as effectively aspossible the above desired nationallegislation.

Exports to PaciGc Islands.In September merchandise was

shinned from San Francisco to thevarious islands orgroups in me racinciocean valued as follows : f

Groups. 1893. 1892.Hawaiian $290,234 $195,076Society 25,963 18,777Satnoan 2,767 O QOO

Phillippine 1,665 1,037Marquesas 1,016Fiji 162 82Marshall 7,920Tonga ISO 65

Tota,s - $32.71. S'795JShowing a comparative increase of '

$94,176 for the past month.Since January 1st the monthly ex--

ports to Hawaiian Islands, compared i

with 1892, have been as follows :

luontus. ib'JS. 'January $214,717 wcq- -

'

February 232,438 v237'l52March 241,942 281,641April 214,725 227,039May 260,163 210,524June 195,6S3 143,702July 281,602 182,S31August 265,9S6 247,812September 290,234 195,076

Totals $2,197,490 $1,954,014Increase in 1893 243,476

The exports to the same for the firstnine months of 1891 were $3,113,136.

S. F. Examiner.

Jfiss Krout's Lecture.There was a large audience pres-- 1

ent at Music hall last night to hearMiss Mary H. Krout's lecture on i

Hawaii. On the platform sat halfa dozen ladies and Captain Talbot, j

representing the G. A. R., under i

whose auspices the lecture wasgiven. It was an interesting and '

instructive lecture of an hour's dur- -'

ation, and was 'highly enjoyable.It placed the island and its peoplein a new light. Miss Krout is in (

favor of annexation, and havingbeen there seems to be well ac- -

nnnintfid with the Kiihiep.t. AfterCaptain

clubattended. it.

connectedaccount

fordsville is proud of her. Daily I

Argus News, Crawfordsville, Ind.October oth.

Blount of Georgia.Consul Mills says that

Blount aspires to even a.higher political feeling thatjof governor of a state. If he islooking for an office which dependson vote of Americanat large it will depend very muchupon the nature of thatreport on Hawaiian annexationwhich he has filed in Washington.This country wants an Americanpresident next time.

Section 20 of quarantineadopted March 20, 1S91,

has been The sectionas now stands appears inBy this morn-ing. "

THE SCHEME FAILS

THE MI0WRA IS STILL ON THE

!EEF. ,

McDowell i Refuted an Eiteniion of

Time, anil is Obliged to Give

Up the Attempt Text

of the Contract.

Five or six long pulls, half adozen strong pulls and a few pulls

and Miowera stayed

just where she has been for sometime passed. McDowell and hisplans for floating the wreck hadgone under, and it was evident toall on board that this failure mustmean the practicalof this way of movingthis huge hull..

All his men slept on board Fri-

day night, and at 5 o'clock Satur-

day morning McDowell came outin the steam launch, and saw thateverything was in good workingorder for the trial, that would havemade him about ten thousand dol-

lars richer had it succeeded. Whena few minor matters had been at-

tended to, engines got to workupon the chains under thestern, intended to lift thatpart of the ship from reef.For a minute or two all went well,and then, snap ! went some of thetackle, and repairs had to be made.This was the case with every

trial. Just as it wouldseem that everything was all right,some rope or pulley would break,and time was lost repairing tnedamage. About 7 o'clock the at-

tempt was and thecontractor came ashore.

McDowell was seen last evening,and asked how it happened thathe had failed.

"My tackles and gear were notstrong enough for the work to bedone," said he, "although it more.. . iinwpj ,. Ta .... nm r--"" nw , r-- -fectly sure that I would succeed. Ihave more and stronger chains,ropes and blocks, and that is theonly difficulty to be obviated. Itseems hardly fair to hold me soclose to my contract. Of course,Saturday afternoon at 5 o'clocknrnn Vi limif. nf mv time, but Ithought that I surely could get a

yJfBllS at least.

"This failure has ruined mefinancially. The total expensesnave been about $6000, of which$3000 nave ueen Paid- - Apparatussucl1 as required for floating aamp un.a iuc .uiuitciu io vkij ex-

pensive. Those samson poles costme $275 each, and there were sixof them.

"I think that Captain Metcalfewill succeed, especially if the wea-ther is good. His tackle is muchlarger and stronger than mine, andthere is no reason for his failing."

A bond of $10,000 was put up toinsure the owners against any in-

jury to the vessel.During the heavy southerly wind

of Saturday night the samson polesand other tackle became loosened,and were a constant menace to theship by pounding against her sides.

They were all cut loose andfloated around the ship, some beingpicked up by natives. McDowellsays that he will bring suit fordamages to recover their value.The last clause of contract saysthat he shall remove his tacklefrom the ship after the trial "assoon as requested." No such re-

quest had been made him when thesamson poles and other things were

tne Plan would not be successful,and each thinks his own Detscheme best, but one and allare sorry that McDowell has failed.

A copy of the contract that Mc-

Dowell was working under follows :

copy.As agreement made this 19th day

of October, a. d. 1S93, between JamesStott, master of the British S. S.Miowera of the port of London, nowlying stranded on the reef at theentrance of the Honolulu harbor(hereinafter termed the masterJ(of theone part, and Arthur McDowell ofHonolulu, (hereinafter termed thecontractor) of the other part:

Witnesseth:(1.) The contractor agrees to re-

float and salve the above mentionedvessel, and for so doing to supply andemploy at his own expense, all steamtuggs, lighters, labor, labor appli-ances, apparatus, pilot, and othermeans necessary for such purpose,and to bring the vessel to a safemooring alongside of a wharf in theharbor of Honolulu.

the lecture a public reception was cut adrift, except by Met-giv- en

her at the Lotus rooms, calfe,and McDowell does not acceptwhich was well Miss j his authority for makingKrout is now with the Much sympathy is felt for theChicago Inter-Ocea- n and has ac-- , contractor on of his fail-quir- ed

an enviable reputation as a "? 0f course, all the sympa-write- r

throughout the west. Craw-- ! thizers were sure from the first that

than

the the people

mysterious

the regu-lations,

amended.it theAuthority column

altogether, the

abandonmentparticular

the

the

suc-

cessive

abandoned,

.exWnsion

is

the

the

(2.) In the event of the operationsproving successful and the vesselbeing brought to .a safe mooring asaforesaid, the contractor shall receivein full compensation for all such ser-vices and expenditure, the sum ofnineteen thousand five hundred dol-lars (S19,500), TJ. S. Gold.

(3.) Should the operations be un-successful and the vessel not bebrought to a safe mooring as aforesaid,the contractor shall have no claimwhatever for remuneration, reim-bursement of expenses; compensationor otherwise, either against themaster or the vessel or the cargo ofthe parties interested therein respect-ively, this agreement being enteredinto on the-- principle of "no cure nopay."

(4.) The contractor shall have theright to make reasonable use of thevessel's gear, anchors, chains, andother appurtenances during and forthe purpose of the operations, free ofcosts.

(5.) The contractor engages that hewill use his utmost endeavor to com-plete the operation without loss oftime.

(6.) The contractor shall have noclaim for compensation or indemnityin respect of loss or damage to anysteam tuij, lighter, appliances or ap-paratus, "nor for or In respect of thedeath of, or personal injury caused toany person employed or engaged inthe operations.

(7.) The contractor undertakes thatno person or persons shall assist ortake part in the operations (withoutthe consent of the said master), otherthan those engaged and employed byhim (the contractor), for that pur-pose.

(8.) The contractor engages not toallow any wilful damage to be done tothe vessel, her gear, stores, and mater-ial, except by express permission ofthe master.

(9.) The contractor undertakes thatno material or gear shall be removedfrom the vessel's side without theconsent of the master, who shall haveopportunity for providing for suchsupervision of the property as he mayconsider necessary.

(10.) The master enters into thisagreement as agent and acting for thesaid vessel and the owners thereof andbinds each of them respectively (butnot himself personally), to the per-formance thereof.

(11.) The contractor shall have un-til Saturday, October 28th instant, at5 o'clock p. ar., to endeavor to salvethe vessel. If the vessel is not in safemoorings as aforesaid by that timethis agreement is to then terminateunless further extended by mutualconsent of the master and the con-tractor.

(12.) The vessel being rudderless,and therefore helpless afloat, the con-tractor undertakes that in the eventof his being successful in floating herhe will have ready to take the vesselin tow when afloat two steam tugs ofsufficient power to be used for theconvoy of the vessel to moorings asaforesaid.

(13.) And it is further agreed thatin case the contractor shall succeed infloating said vessel that the operationof bringing her to a safe mooring inport shall not be conducted withoutthe supervision of a pilot or the har-bor master

Witness our hands and seals inHonolulu, this 19th day of October,1S93.

(Signed). James Stott,Master, S. S. "Miowera."

(Signed). Arthur McDowell.It is further agreed that in the

event of the attempt to float the ves-sel being unsuccessful the contractorwill immediately remove all scows,punts, and other material from along-side the vessel if called upon to do sowhen the time allowed for the oper-ations has terminated

Witness our bands and seals this19th day of October, 1893.

(Signed). J. Stott.(Signed). A. McDowell.

METCALFE'S PLAN.

Lloyds' Agent Will Pull theSteamer Off the Meet Side-

ways.

Captain Metcalfe, Lloyds' agentwho came down from San Franciscolast Friday by the steamship Mari-

posa with the Lougee brothers, twoprofessional divers, has now thecontract for floating the steamshipMiowera, since Captain Arthur McDowell failed last Saturday morn-ing to move the stranded vessel.The Lougee brothers went out to theMiowera on Saturday morning andexamined the position of the steam-er's bottom on the coral bed. Cap-tain Metcalfe has not yet divulgedthe plans by which he expects tofloat the Miowera before the end ofthis week, but it is supposed thathe is going to endeavor to float hersideways. The government pile-driv- er

will go out this morning tosink six 12x12 piles some distancefrom the starboard side of the ves-sel. The five-to- n anchor that Met-calfe brought with him will be fast-ened between these posts, and theWarner's winches will heave onthe big hawsers attached to theanchor. Metcalfe is said to haveadopted this plan because it requires the least pull, as the distancebetween the Miowera and deepwater, when the steamer is pulledsideways, is much less than whenit is attempted to slide her off asMcDowell did by the bow.

It wak very rough in the vicinityof the steamer all day yesterday,and she pounded on the rocks con-siderably. She has leaked butvery little considering the roughusage she pas received, and theowners are o be congratulated onthe good condition of the hull.

The Australian cricketers havechanged therir plans and will arrivehere from San Francisco instead ofVancouver. Several games will be.played in the Bay city before theysail ior tneir nomes.

jAjj.- - aiij.j.fc..

MAUI NEWS.

A "Dicken's Evening" at PaiaStray ScribblingsA

Robbery, etc.

Though not so ambitious in pur-

pose as the science club of Hono-

lulu, the Literary Society of Maka-wa- o

every now and then does somemost pleasing and interestingwork.

It must be that "distance lendsenchantment" for it is a matter ofmarvel that an association of thesort has flourished so long and so

successfully amid so many diffi-

culties, the greater of which are theweary miles to be traversed before

a meeting of the clans is anac-complish- ed

fact. Last evening the27th inst., the monthly reunionwas held at the residence of Mr.and Mrs. H. Laws of Paia. Theatmosphere still and warm andradiated by the brilliancy of asilvery moon made the broadveranda, prettily adorned withpotted ferns and colored lanterns,the most attractive part of theauditorium.

The programme rendered is asfollows :

1. Piano Solo Miss Morris2. Sketch of Dickon's Life

Mrs. F. W. Hardy3. Scene from "Nicholas Nickleby"4. Song "The Ivy Green"..

.... Mr. C. H. Dickey5. Reading "Sam Weller's Valen

tine" Mr. A. Hocking6. Song "Cricket on the Hearth"

Mr. S. N. tiell7. Reading "Death of Little Paul"

Mr. H. Laws8. Duet "What are the Wild Waves

Saying"..- -MIss Morris and Mr. Bell

9. "Tea Party" (Scene from MartinChuzzlewit)

10. Refreshments, (Salad, Coffee, etc.)11. Trial Scene from Pickwick.

Most of the events merit encom-ium, but two members won specialfavor ; the first, "The Tea Party"taken from Martin Chuzzlewit,during which Sairah Gamp letslooEe the floodgates of her elo-

quence and wrath upon the offend-

ing head of Betsey Prig, occasionedmuch applause, expressive oi tnelarge audience's sincere admirationfor one of the finest bits of com-edy acting that the district haswitnessed in years. Mis3 Parisimpersonated Mrs. Prig and Dr.Stowe impersonated the irate"Sairah" most realistically, both inmakeup and action.

Tho second remarkable event wasthe trial scene from Pickwick. Itwas all in costume with railing,witness box, dais, canopy and all.Sergeants Buzzfuzz (Mr. Dickey)and Snubbin (Mr. Hocking) wereprominent in barrister gown andwig. "Mr. Justice Starleigh"(Mr. Laws), in wig, red gown andermine, imposing in size and digni-ty, was the center of attraction.The funeral "widow's weeds" ofMrs. Bardel (Miss Campbell), andthe bald head of "Pickwick' (Mr.Loveland), were noticeable insidethe bar of justice. The address tothe jury by Buzzfuzz ("Chops vs.Tomatoe Sauce"), was most humor-ously rendered by Mr. Dickey. MissMorris made a most effective witness as "Mrs. Cluppins;" "SamWeller" (Mr. Lindsey),showed utterdisregard for the "werry" great dig-nity of the "big wigs," and Dr.Stow's rendering of the timid "Mr.Winkle" was a revelation. In factit was an enjoyable and successfulevening, and perhaps even theSpreckelsville and Kahului peopledid not regret their long drive.

stray scribblisgs.Last Saturday, the 21st inst., at

Huelo the corner's jury in the caseof Chas. Betts, rendered the verdictof accidental drowning, the onlypossible decision after the postmortem examination of Dr. Her-bert.

Mr. F. S. Dodge of the survey de-

partment has been engaged in sometechnical work at Spreckelsville,and visiting his Makawao friends.

At the local circle in Wailukuthere were ten teachers present, thesubject ot drawing consumed mostof the time. "Comenius" wasadopted as the topic for the nextmeeting.

Last Saturday, the 21st inst.,eighteen Makawao teachers assem-bled at the residence of W. C.Crook, Esq., to form a local circle.An executive committee of threewas appointed to direct and managethe affairs of the association. "Pes-talozz- i"

was announced as the sub-ject of the next meeting, four weekshence. The eveqt was most enjoy-able and terminated with an ac-ceptable lunch.

The government is consideringthe advisability of holding bothjury.termsatWailuku Such actionmost certainly has the endorsement

,

of three of the four districts ofMaui.

Owing to dry weather abouttwenty Makawao citizens shoul-dered pick and shovel and havebeen busy for three or four days indeepening the public water hole atAlelele. The road board have co-

operated with them and are build-ing a firm roadway in the placewhere often-time- s in the rainy sea-Eo- n

it is impassable owing to run-ning water.

The Consuelo, Captain Jacobsen,arrived in the port of Kahului onMonday, the 23d inst. Her cargoconsisted of pipe and merchandiseand she made the trip in twelvedays. Mrs. and Miss Jacobsen ac-

companied the captain during thetrip.

The vessel returns to San Fran-cisco today with a cargo of Kahuluisugar and some furniture belong-ing to Mr. R. Albrecht.

The Dimond, in place of theAnna, will be the next to arrive.

L. F. Hughes, Esq., of Makawao,expects to depart for England inanother week. This gentleman hasbeen a favorite socially and a popu-lar member of the polo and tennisclubs. Bon voyage and success.

N. Ormsted, Esq., who has re-

cently become a resident of Kauai,has been visiting Makawao andHana during the week.

The Kaluanui court witnessedseveral good games of tennis lastSaturday. Tuesday afternoons areutilized for practice.

Rev. T. L. Gulick's resignationhas been accepted and the Paiachurch is looking around for a newpastor.

During Thursday night, the 26thinst., Engineer Brady's house inWailuku was entered and robbedof $130 in gold. No one as yet hasbeen apprehended. Such are themeager facts.

T. H. Davies & Co.'a Wailukuston is selling off its goods pre-paratory to closing up some timem November or December. Mer-chandise is selling at remarkablycheap prices.

Weather: Warm "simply thisand nothing more."

Maui, Oct, 2S, 1893.

307October 30, i8gj.

There are many differ-

ent qualities of fence wirein the market, but notas many different prices,you do not always get the besteven when you pay for it.When we send our ordersabroad for black annealed andgalvanized wires, the only con-

dition was that it should bethe best. The sort of wirethat comes to you unwrappedis not the kind we handle; ayear from the time we wouldsell you a lot of it, you'dcease to be a customer of oursand for that reason we importa quality that will be ofservice to you and be a goodvalue for your money.

If you take our wire, blackannealed or galvanized and usethe stays and washers formaking a locked fence, Fath-er Time and his hour glass willhave no visible effect upon it

it's there to stay and voucan run a herd of cattleagainst and enjoy the surprisedexpressions on their counten-ances at not being able tobatter it down. Another goodthing to use on a plantation isthe Hendry Double FurrowPlow, something that willfinish the work as it goesover the land. With thisarticle you can run a furrowand have it clean and readyfor planting as the plow movesalong. The draught is lighterthan any other large plow, con-

sequently you will have threeor four mule3 to use for someother purposes. It depends agood deal on the soil; usuallytwo less mule3 will pull thisplow and in some cases fourless. ,

The Hawaiian Habdwabe Co.,

307Fort Street, Honolulu.

The Daily Advebtibee is deliver-ed by carriers for 50 cents a month,Rinp up Telephones 88 Now fath time to aubacribe.

J

i

BOAED OF HEALTH

AMENDMENT TO THE QUARAN-

TINE REGULATIONS

PASSED

Donation t cT Seventy Dollarsby Engine Company

' No. 2.

Intcrestinc Extracts Trom Agent

Meyers" Letters.

The board of health met at 3 p.m."Wednesday.

y There were present President W. O.Smith, Theo. F. Lansing, Dr. An-

drews, John Ena, J. T. Waterhouse,Jr., C. B. Reynolds, agent of theboard, and Collector-Gener- al JamesB. Castle. The latter gentleman waspresent on the invitation of PresidentSmith.

The minutes of the previous meet-ing were read and approved after cor-

rection.The president suggested that as Mr.

Castle was present the proposedamendment to the quarantine regula-tions, introduced at last meeting, betaken up. He stated that as objec-tions had been raised at the last meet-ing to the original amendment, as tothe expense of meeting incoming sail-

ing vessels, he had added a proviso tothe original, which be read therewithas follows:

RESOLUTION.

Resolved that section 20 of quaran-tine regulations of 1691, be amendedso as to read:

20. Vessels arriving from an Asiaticport, or from any port reported to beinfected with cholera, yellow fever,smallpox, scarlet fever, plague, or any

a other disease deemed by the board of' health to be dangerous to the publichealth, or vessels carrying passengers,whether steamers or sailing vessels, ifunder fourteen days from the last for-eign port of call, ahall not enter anyport of the Hawaiian islands untilpermission is granted by the port phy-sician, or a duly accredited officer ofthe board of health. Such vessels ifrefused entry shall be anchored inquarantine at such places as may bechosen by the pilot, under direction ofthe port physician, and remain at suchanchorage until changed or admittedinto port by the board of health.

Provided, however, that in the caseof a sailing vessel arriving under four-teen days from the last foreign port ofcall, and not having any such danger-ous disease on board, the pilot maybring her into port and anchor her;but no person shall be allowed to landfrom such vessel until permission isgranted by the port physician.

The amendment, if passed, wouldreduce the expenses of incoming sail-ing vessels from $25 to $15.

Considerable discussion took placeas to the relative risks of the import-ation of disease by sailing vessels andsteamers.

Collector- - General Castle said hewished to point out the matter ofboarding steamers was one ofcustom and not of law, except thosecoming from Asiatic ports. In speak-ing of the use of the customhouseboat by the board of health, Mr. Cas-tle said he thought it was necessaryfor the board to have a boat of its own,as sailing vessels were now often com- -ing in without pilots. He cited sev-- y

eral sailing vessels which had latelycome in without a pilot and stated thecustom was increasing. He had latelysent pilots out who had been obligedto chase vessels around to get aboard,when the pilot was told his serviceswere not required. The law providedthe pilots should sign the vessel's billof health. He was of the opinion thecustoms and health departmentsshould be separated. Should this bedone the pilots would not be obligedto board vessels unless they weresignaled for as provided by law. Asit now is all that often takes a pilot toa vessel is tne Din oi neaitn.

Mr. Reynolds pointed out that asboth sailing vessels and steamersoften brought transshipped Chinesehere from foreign ports there was acontinuous danger of introducingsmallpox, if any vessel was allowedto enter without an officer of theboard being on hand.

President Smith again read the pro-posed amendment and explained itspurport.

Collector-Gener- al Castle suggestedthat perhaps the safest and speediestway to settle the matter would be forthe board of health to pass a law, sim-ilar to that of the United States, pro-viding that a duly authorized officerof the board should visit and inspectevery foreign vessel entering theHonolulu harbor.

President Smith read section 20 ofthe quarantine regulations which it, was proposed to amend.

A. Mr. Ena said the charges of theport physician should be reduced andhe should be obliged to visit all in-coming vessels.

President Smith explained that itcost juit as much to board a sailingvessel as a steamer. Thedutiesof thepilots could not be changed by a regu-lation of the board as they were amatter of statutory law. It was hisopinion the present amendment couldnot reach the pilot question. On theother hand there was nothing to pre-vent the board from ordering the portphysician to board all vessels enter-ing this port.

Collector -- General Castle againpointed out the law did not alwaysprovide a pilot should board a vessel,and in the case of some sailing vesselsa substitute could be appointed by theboard of health. He thought a regula-tion should be passed that when avessel does not take a pilot, sheshould await a health officer beforeentering the harbor. 2sine-tent- hs ofthe sailing vessels which came werepreceded by the date of their depar-ture from San Francisco.

Mr. Lansing pointed out the diffi-culties which might arise unless theboard of health had a representativeaboard of every incoming vessel.

President Smith said if the boardsent a representative aboard of everyvessel, it would necessarily increasethe expense of incoming vessels.

Mr. Ena said he thought it wouldbe well to pass the proposed amend-ment without the proviso.

President Smith said he was op-posed to this. At the last meeting,Mr. Ena had convinced him of thenecessity of the proviso by a strongargument, and he thought it shouldbe included in the amendment.

After further discussion, Mr. Enamoved the amendment with the pro-viso pass.

Unanimously carried.President Smith stated that he had

a donation of $70 from engine com-pany No. 2. The amount was moneycontributed by Messrs. J. S. Walker(deceased), $25; C. O. Berger. $25; F.W. Macfarlane, $10; and HymanBros., $10, to aid in the purchase of ateam of horses for the company. Thegovernment has since assumed theresponsibility and the gentlemen whohad contributed the amount had re-fused to receive it back. The mem-bers of the company therefore had de-

cided to donate it to the board ofhealth for the use of needy lepers atthe settlement.

The board ordered that the donationhe accepted and that the secretary ofme ooara renaer tnanns tnereior tothe company.

The report of Inspector Jones wasread which contains the followingstatement relating to the fluke diseaseamong cattle:

The animals from which theselivers were taken were shipped toSouth Kona, Hawaii, in July, 18S7,from a ranch on this island where thefluke disease is prevalent. They were

here last week with othercattle from Kona. Their livers show-ed all the signs of fluke, being discol-ored, with the gall ducts thickenedand incrusted, but although carefullyexamined, none of the parasites couldbe found. Evidently those that werein the animals when they left Oahuhad either died or passed off. Therewas no sign of the disease in thelivers of any of the other cattle fromthe same ranch. The hog ranches arein the usual condition and the ani-mals healthy.

In reply to a question by PresidentSmith Dr. Andrews said he had madearrangements to send to New Zealandfor fresh vaccine virus by the nextsteamer.

While this subject was under discus-sion Mr. Reynolds presented a letter,through the favor of Dr. W. T. Mon-sarra- t,

from the doctor in charge ofthe vaccine farm at Hongkong, ex-plaining the mode of raising virusthere.

The president then read a long letterfrom agent Meyers at the leper settle-ment from which the following ex-tracts are taken:

Will you kindly inform me if theboard has now set a limit as to thenumber of patients, outside of thehospital and home, which Dr. Gotomay take under treatment and issuemedicines, because I am receiving ap-plications from lepers, asking for Dr.uoto's meaicines, etc.

I fear, if no limit is set, this matterwill never take an end, etc.

A young man, a half Japanese, aleper, by name of Umiumi, is missingsince the 17th inst., at the settlement.He is wanted for larceny.

Mr. Hutchison also informs me thatsome Japanese medicines are beingstolen, and Mr. Hutchison thinks thishas been going on for some time. Thematter will be investigated, and Iwill refer again to it as soon as weknow all about it.

The district judge, D. Kalauokalani,seems to think that the inhabitantsof the kuleanas can harbor lepers ontheir premises, and do not come underthe law of 1892 : " An act to facilitatethe segregation of lepers," etc., ap-proved July 7. 1892. "Will you kindlysee Mr. w. O. Smith, the attorney-genera- l,

about the matter. I under-stand that the judge has written tothe chief justice and to the attorney-gener- al

for advice in the matter.Why people living at Kalaupapa,

on their own lands, should differ frompeople living elsewhere is not plainto me. I put up a notice of warning,and they cannot claim ignorance. Butthe JHdge seems to think because Ka-laupapa is so close to the settlementthat this makes a difference. Theother kokua suspect, Kamaka, goesby this Mokolii, I hope in time to beexamined with the others.

At the conclusion of the readintrPresident Smith stated that severalthousand dollars had been receivedfrom the government for due bills atthe leper settlement, with which sup- -

for the store at that place coulde purchased for the present. In con-

nection with this subject he wished tostate that another invoice of Japanesemedicine had arrived by the laststeamer which had not been orderedby the board. This matter would bebrought up later.

In reply to Mr. Meyers' inquiry theboard ordered that as the appropria-tion for the Dr. Goto treatment ex-pires March 31st, next, no more lepersshould be admitted to the treatmentat present as, upon Dr. Goto's state-ment, It would take from six monthsto a year to effect a cure.

The application of a leper to havethe board of health lay on water tohis house at the settlement was de-

nied.The president read the following

letter from Dr. Oliver:Kalawao, Molokai,

Oct. 19, 1S93. )

His Ex. W. O. Smith, President ofBoard of Health:

Dear Sir My report for the quar-ter ending September 30th is due, butupon tin's occasion there is nothing ofmuch interest to report

The general health of the settlement '

has been good, and with the exceptionof the outbreak of chicken-po- x intro-duced by a kamaaina child we have

'jssaBgp-- -" a, tj& SJt TZX??1 'VTjM!yjr',,(4mim;f3PMM HP

HAWAIIAN UAZETTL, TUESDAY. OCTOBER 31, 13.been free from epidemics. Sometwenty cases of this diseaso occurredamongst children; three of whomwere also attacked with pneumonia.No deaths. As the weather has been,dry, leprous fever has not been asprevalent as usual.

The usual daily routine, describedin former reports, has been pursued,and the applications for medical treat-ment are frequent

It is impossible to keep a correctrecord of the cases that have beentreated or of the number of prescrip-tions dispensed, as the ereater nart ofmy work is done on the road in thehouses or at the doors of the sick.And as, with the above-mention- ex-ception, we have had but the one dis-ease to deal with, a record of the pro-ceedings of the resident physicianwould be extremely monotonous read-ing. I am, yours respectfully,

Richard Oliver,Resident Physician,

.Leper fcettlement.The board ordered that if the doctor

has not preserved the data for thepresent report, that he will do so inthe future and furnish the board witha detailed report hereafter.

A stand-u- p desk was ordered for thesecretary of the board, subject to the.approval of the executive officer.

The $70 donated by Eugine Com-pany No. 2, on motion, was placedin the hands of the executive officerof, the board to be used for needylepers. ,

President Smith said he thoughtthe executive officer of the boardshould make occasional visits to theleper settlement and report to theboard of health.

After considerable discussion, it wasordered that Mr. Reynolds proceed athis earliest convenience to the settle-ment to inspect and report thereon tothe board.

Carried.The president stated that he had a

number of seeds which the executiveofficer could plant while there, so thatin a few years, if the planting wasdone with the opening of each wetseason, the settlement would soon besupplied with wood.

At 4:45 the board adjourned.

NEW NATIVE RELIGION.

Mr. Kekipl Organizes a Church

and is Chosed Pastor.

The Hoomana Naauao or WiseReligion seems to be prospering.This is a new sect started by anative hack-driv- er named J. Ke-ki- pi

several months ago. Thecredulous natives have easilyfallen in with his teachings. Kekipihas been holding services in Mr. J.E. Bush's church, on Printer'slane, which, by the way, was builtby money subscribed by Chrls-tian- s.

Last Sunday, about fifty mem-bers of the new church were pres-ent, among them .being L. W. P.Kanealii, J. K. Kaunamano, J. E.Bush, and J. Kalai, son of a well-know- n

Bible student.The chief event of the day was

the election of a pastor for thenew congregation. MesBrs. L. W.P. Kanealii and J. Kekipi werethe candidates, but the choice ofthe committee of five fell on Ke-

kipi. The pastor elect will beordained in the near future, butthe committee is at a loss to knowwho will officiate at the ordina-tion services.

Another subject which came upfor discussion at the meeting waBinfant baptism, but the membersdiffered from their Adventistbrethren on the subject, and de-

clared that infants ought to be bap-tized.

SIMPLY A SHORE DRILL.

But Some Natives Thought theEx-Que-en Was to be

Restored.Several hundred marines and

sailors from the warships cameashore Wednesday morning andmarched up Fort street to Hotelstreet and thence to Richard street,where they were lined up and putthrough the manuel of arms and afew marching evolutions. Theywere then taken back to their re-

spective ships.The troops were in charge of

Lieut.-Command- er Logan, withEnsign Vogelgesang acting as ad-

jutant. The other officers wereLieutenants Sharp, Prince, Han-nu- m

and Seabury, Ensigns Mar-ve- il

and Knepper and Cadet Dod-

dridge.In some unknown way a few na-

tives got the idea that a grandrestoration was going to take place,and started hot foot for the

residence, laden with leisto celebrate the occasion. The leiswere used, but not for the purposethat they had been bought.

I was very severely taken withI took a dose of Cbambelain's

Colic, Cholera and Diarrhoea Remedyafter each operation of the bowes,more than natural, for about thirty-si- x

hours, and checked the complaintIt took about all of a small bottle tocure me, while two or three dosesmight cure an ordinary case. I foundit "would give me immediate relieffrom all pain in the bowels. T. M.Blackwood, Friendship, Grant Par.,La. For sale by all medicine dealers.

Benson, Smith fc Co.,Agents for H. I.

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TAILORS'.". GOODS.

FANCY GOODS,Boots and Shoes,

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12-PAl- iE EDITION.

TUESDAY, OCTOBER 31. 1893.

TEE COMING M4N.

A late Holomua article, holdingup the half-whit- e as the comingman, the dominant factor in thefuture destiny of this country, con-

tains admissions and involves in-

ferences the full import of whichcan hardly have been realized byIts writer. In the first place, it isfolly admitted that the aboriginalHawaiian is doomed ; that the na-

tive of pure blood is a wasted andwasting remnant, steadily dimin-

ishing in numbers and influence,and destined to practical extinc-

tion in the not distant future. Itis further admitted that the foreignstock is so superior to the nativethat it is only by an admixture ofthe former that even a portion ofthe latter can hope for any con-

tinued existence. Left to himEelfand depending only on hiE own

race stamina, the aboriginee hasconfessedlv no future.

Those who have intelligently andcandidly observed the race prob-

lem as presented in these islandsknow that all this is true clearlyand demonstrably true, but it istruth one would scarcely have ex-

pected to find set forth, either di-

rectly or by implication, in a reac-

tionary organ. If the Advertiserhad ventured to say as much weBhould have expected to be roundlyabused for it, and told that thewish was father to the thought.The expression of such opinionsfrom our side would have been de-

clared conclusive evidence of thatenvy, hatred, malice and all un--

charitableness which are supposedto be characteristic of the graspingand unscrupulous foreigners, theblood-thirst- y, cut-thro- at annexa-

tionists and the blankety blankmissionaries.

Desperate indeed must be thestraits to which our opponentsare reduced, and inexorable thelogical predicament they findthemselves in. when it is thoughtnecessary to make such damagingadmissions in order to lay a found-

ation for a proposition which, evenif the premises be admitted, issophistical and untenable. Butour haole-hatin- g neighbor goeseven further, and makes out, notonly that foreign blood is sosuperior as to save from extinctionthat portion of the native stockwhich it reinforces, but has even,transformed that portion of whatis otherwise a fading, dying remnant into "a sturdv phosnix rising in determined and fatefulstrength,' and so on.

Room then for the coming man !

Clear the road all ye Yankees andBritishers and Germans and makeway for the great hapa-haol- e phoe-

nix. Behold, he is rising rising,mind you yea, rising in strength ;

even in "determined and fatefulstrength.' The Provisional gov-

ernment may as well come rightdown off its perch and save itselfthe humiliation of being tumbleddown head first. Neither the an-

nexationists, nor the missionaries,nor the planters, nor anybody elseneed concern themselves about thefuture of this country. The half-cast- e

is coming; he will settle allthese little matters to suit himself.He is a phamix and a phoenix isa terrible fowl. He is going tohave everything he wants, and hewants everything. If anybody at-

tempts to obstruct the course ofmanifest destiny, the phopnix willjump on him with both feet. He will-g-

for him with beak and tallons ;will tear his hair, and Ecratch hiseyes, and stamp on his corns, andlacerate his raiment and his feel

ings, and there will be the devil to I itpay generally, manope.

NOTES AND COMMENTS.

The Brazilian minister lately

said to a newspaper correspondent

in "Washington that there was abso-

lutely no danger of theof monarchy in Brazil, no

matter what was the outcome of

their present trouble. Change theword "Brazil" to Hawaii, and thestatement expresses the situationin these islands to a T.

The facility with which the two

royalist organs are attempting to

turn a political somersault, afteralternately attacking United Statesofficials for more than a year past,is certainly amusing. The Bulle-

tin, after being the original offenderin this regard, has suddenly trans-

formed itself into a mentor and re-

bukes the Holomua for a verycreditable imitation in a recentattack on Admiral Skerrett. Itlooks as if the Bulletin, with itsbusiness eye on the future and itspolitical eye asquint with its usualvenality, was attempting to temperthe journalistic lamb to the windsliable to blow hereafter. The Holo-

mua, on the other hand, with lessexperience and, if possible, withmore duplicity, pleads that its edi-

tor is not responsible, and wouldfain admit a piece of correspondence was printed, by mistake mindyou, as an editorial. This state-

ment will create laughter, doubt-

less, as the public is well aware theusual mistake of royalist editors isto publish editorial matter aB correspondence. It is quite evidentour royalist contemporaries haveboth taken a "tumble" to their own

illogical and unpolitical methods."We venture the assertion the re-

form of both journals will not out-

live their next dearth of editorialideas, and the public will not besurprised if Captain Barker, of thePhiladelphia, is the next royal-

ist victim immolated on the jour-

nalistic altar of the

One of the royalist newspapershas seen fit to make AdmiralSkerrett's transfer to the Bostonthe pretext for a personal attackupon that popular and efficientnaval officer. It has been one ofthe characteristics of the royalistcampaign, since the monarchyoverthrew itself, to degenerate intopersonal abuse and slander whenfacts and legitimate argumentshave failed, which has been pretty.... .. m. .. .. '

mnrh .n thP tiinn TIir mtv nt it,

is that the royalists have, on every '

occasion, heaped abuse and slanderon representatives and naval offi-

cers of the United States who have,without exception, been merelycarrying out the orders of "their

home government for the protec-

tion of American interest andAmerican citizens in Hawaii. Ifthe royalists would only step frombehind their prejudices for amoment they would see sucha course is a political error,if not a downright blunder.While, perhaps, annexationistsshould be rather pleased thanotherwise at this suicidal policy ofthe supporters, it is stillvery aggravating to the Americanresidents of Hawaii to hear thisalmost daily and silly abuse ofmen they respect and honor, andwhom the United States govern-

ment has seen fit to advance topositions of trust both at home andabroad.

The travel across the Atlantichas been enormous for years andshows a steady increase everysummer. The development andimprovement of the trans-atlanti- c

steamship lines have kept pacewith the passenger traffic untilseemingly the greatest attainablespeed and comfort have been fur-

nished by rival lines. The propo-

sition now comes to establish adaily steamer service betweenSouthampton and New York. Ifaccomplished, this means thatrival lines will likewise establishdaily services which will at leastdouble the trans-atlant- ic fleet of

i

passenger steamers. In any eventwill be a costly experiment,

especially if it should not pay.

C. Perreira, the Portuguese who j Keep your friends abroad postedwas charged with printiug obscene j on Hawaiian affairs by mailinglanguage in the Uniao newspaper, j them copies of the Hawaiian Ga-w- as

fined $50 by Judge Robertson. zette and Daily Advertiser.

sas vgj attfy'"' "" ''iJ-- s '"SSP'SE:

HAWAIIAN GAZETTE, TUESDAY, OCTOliWl 31, 1898.

In the Supreme Court of the Ha-

waiian Islands.

September Tebii, 1893.

KUALANA (W.) VS. YOXG YOUSG.

BE! ORE JUDD, 0. J. BIOKEETOX A"D

FRSAB, JJ.

The District Court, in an action for sum-mary proceedings for possession ofland, overruled defendant's plea oftitle and rendered judgment in favor ofplaintiff for possession of the land,whereupon defendant noted an appealto the Circuit Court without a jurvandremained in possession of the land, butdid not file a bond to pay the rent thatmight accrue after the appeal ;

Held. That the contention of the defendantthat his plea of title should he sus-

tained, and that the District Court hadnot jurisdiction to hear the case, didnot obviate the necessity of his filingthe bond required by the statute, it ap-

pearing to this Court that the case wasone within the jurisdiction of the Dis-

trict Court under the statute for sum-mary proceedings to recover possessionof land.

OPINIOX OF THE COUP.T BT JUDD. C. J.

Kualana filed her complaint withthe District Court of Koolaupoko,Oahu, on the 22d March, 1893,claiming "that Yong Young, defend-ant, is in possession of lands ofplaintiff situate in Heeia, Koolau-poko, described in Boyal Patent No.1027 by virtue of a lease to for

(

. years from .... at a rentalof dollars per annum $ that theinterest of said in said leasehas been transferred to the defend-ant; that the term of said lease hasterminated by the efflux of time, andthat the rent upon the termination ofsaid lease was in arrears and unpaidand said defendant holds the saidpremises unlawfully and against therights of the plaintiff, wherefore theplaintin prays judgment ior tue resti-tution of said premises and for costs."

The District Court heard the caseon the 1st April. Defendant, throughcounsel, asserted orally that he hadtitle to the land and asked that theMagistrate decline jurisdiction."Which plea was overruled and uponevidence taken on both sides, theDistrict Court rendered judgment onthe 11th May that plaintiff shouldhave possession of the land.

An appeal was noted by defendantin writing on the 12th May to theCircuit Court, First Circuit, waivingthe iurv. but no bond for rent to accrue after the appeal was filed,though the defendant remained inpossession of the land. The Statute,Sec. 919, Civil Code, proscribes that"where the defendant is proceededagainst for non-paym- ent of rent, andthe justice decides that the plaintiffshould have possession, the defendantshall not be allowed to keep posses-sion and take his appeal, unless hefirst gives a bond to the plaintiffwith good and sufficient surety orsureties to pay all rent that may ac-

crue and become duo after the appeal, provided it shall be iiually dotenniued that the plaintiff was entit a1 tn tnn nnccocc nn ""- - -- " ?

The nlaiutifi moved on the 23dJune in tho Circuit Court to dismissthe appeal on the ground of therebeing no certificate of appeal show-ing notice of appeal and because nobond was filed. The motion wasgranted and exceptions were takenand allowed to this Court.

The counsel for defendant con-

tends that no bond was requiredof him because this was a casewhich was not within tho jurisdic-tion of the District Court, the de-

fendant having alleged title in theland in himself.

Section 10 of tho Act to reorganizetho Judiciary Department providesthat tho District Courts "shall nothave cognizance of real actions noractions in which tho title to realestate shall come in question." Butwe do not understand, nor was itcontended, that this ousts the Dis-trict Courts of tho jurisdiction con-

ferred upon them by Sees. 939 to952 of tho Civil Code entitled, "Art.XL. of summary proceedings to re-cover possession of land in certaincases." The right of possession isin issue in such cases and not thetitle. After tho judgment of tholower court entertaining jurisdictionof the case and awarding possessionto the plaintiff, the defendant tookthe risk of his appeal to tho CircuitCourt being ditmiEsed by not nlingthe bond required. If it should ap-

pear that the District Magistrate waswrong and the case was not in hisjurisdiction, the case would be dismissed by this Court and no harmwould have been done him by hishaving filed the bond. But if the caseshould turn out to be one of whichthe Magistrate had jurisdiction, thenthe lack of the bond wonld be fatalto his appeal to the Circuit Court andthe case could not bo tried on itsmerits in that court.

From the admissions of counseland from what appears in the tran-script sent np from tho lower court,we are of opinion that the case wasone of which the District Court hadjurisdiction. "We only look into therecord far enough to see if the casewas one within the statute of summary proceedings to recover possession of land, and we find that theplaintiff contended that the lease shehad made nad either expired or hadbeen surrendered. Defendant claimedthat ho held a valid unexpired leasefrom plaintiff. This shows clearlythat the question for the lower courtto decide was respecting tho validityand existence of certain leases, andthat defendant did not claim title inthe land except as a tenant of the

plaintiff whose ownership he did notdeny.

The cause bein within the juris-diction of the District Court, theCircuit Court was right in dismissingthe appeal for want of the statutory

fbond.Exceptions overruled.J. A. Magoon for plaintiff : TV. B.

Castle for defendant.Honolulu, Oct. 19, 1893.

Tram or TrolleyMr. Editor: The Star hinted

last night that the English capital-

ists who own the tramways might,before long, find it advantageous to

substitute the electric system forthe tramways, thus freezing outthe new 'bus line. If such an actwere possible by those enterprisingpromoters of rapid horse transit,the government ought to take a few

points into consideration that wereneglected five years ago, when theobjectionable grooved rails werelaid. The electric system has beenadopted in smaller cities thanHonolulu, and been made to paydividends. If it come here it oughtto be first class in every particular.The public want no old junk, nojob-l- ot cars. Rapid service andcomfortable accommodations willwin the people's favor and givedown dividends.

The English stockholders of thetramways are not philanthropists ;

they place Mr. Paine here to workout some kind of a dividend withthe inferior plant that he haB, andthat industrious gentleman doesfairly well considering the expenseattached to keeping the large number of horses and mules that he isrequired to do.

We are up to date in fire, tele-phone, hack and electric light ser-

vice, and the trolley, if it ever ma-terialize, must be there too.

Trolley.Honolulu, October 25.

Have Sized Him Up.

Some of our readers may haveseen an extraordinary statementissued in Honolulu bitterly attack-ing the Provisional government,and accusing the early missionariesof the board, as well as their des-

cendants, of all manner of corrup-tion. Probably the extravaganceof these utterances will preventtheir being credited by sensiblepeople, but it may be well to saythat the charges proceed from theAnglican bishop, whose high churchtendencies, as well as his high tem-per, have brought him into conflictwith his own people, so that he isquite as much at war with thelarger and better portion of his ownchurch as he is with what he seeksto stigmatize as the "missionaryparty." The absurdity of hischarges has been clearly shown byMr. Bishop in an article in TheFriend, of Honolulu. MissionaryHerald of October.

The 1G42 Japanese who arrivedhere on the MiikeMaru on Mondayhad their troubles adjusted andwere landed Tuesday morning atthe quarantine station. They cameon the old terms, that is to say,that they pay back to the Planters'Labor and Supply Company $7.50a head for recruiting charges. TheJap3 did not like to give up theirpoint, but nothing else would belistened to by the supply company,so the Mikado's subjects made thebest of a bad bargain and accepted.

Urs.Mory E. O'Fallonof Pljai.O., iaj ths Phy-sicians arc Atonlhed,sil look t her Uks oa

Raised fromjhe Dead

Long and Terrible Illnessfrom Blood PoisoningCompletely Cured by Hood'o

Sarsapartlla.Mrs. My E. OTallon, a jtxy intelligent

tidy of Flqra, Ohio, was poisoned whlla as-

sisting physicians at an autopsy 5 years 0,and soon terrible nicer broke out on berhead, arms, tongue and throat Her hair allcams out. Shs weighed but 73 lbs., and sawno prospect of help. At lost sho began totake Hood's Sarsaparliia and at once Un-

proved; could soon get out of bed and vrali.She says: " I became periecUy cured by

Hood's Sarsaparillaand am now a well woman. I weigh, 128 lbs.,eat well and do the work for a large family.My case seems a wonderful recovery andphysicians look at me In astonishment, asalmost like one raised frsm ffee dead."

HOOD'S PlLLS ihosld bo la every teaUymtrtl-ft- ie elicit. 0coaied,alirxi preterod.

HOPBOX. XEWVAK & CO ,3336 Wholesale Agents

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aF"A.ll orders from the other islaiida will receive our prompt attention andFurnitnre will be well packed and Roods sold at San Francisco prices.

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OCTOBER 4th,

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Steel Plows,made expressly for Island work with extra parts.

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Agricultural Implements,Hoes, Shovels, Forks, Mattock3, etc., etc x

Carpenters', Blacksmiths'and Machinists' Tools

Screw Plates, Taps and Dies, Twist Drills,

Paints and Oils, Brushes, Glass,Asbestos Hair felt and Felt Frlixture.

Blake's Steam Pumps,Weston's Centrifugals.

SEWING MACHINES, Wilcox & Ginbs, and Remington.

Lubricatino Oils ln 3ua,ityan(1 efficiency surpassed

General Merchandise, LE11there is anything you want, come and ask for It, you will bepolitely treated. No trouble to show goods.

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Also on handWestermayers Celebrated Cottage Pianos I

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WniBimBMBBMiMMFIRST 01RCD1T QI.ENDAR- -

Cases to be Tried at the-Nove-

ber Term Commencing

the 6th of Next

Month.

The full list of the calendar of thecircuit court of the first circuit fol-

lows. Judge Cooper will preside withHon. W. O. Smith officiating as Attor-

ney-General.

Court will open at 10 o'clock a. jr.onjionuay, iovemoer utu, lor pre-liminary business. Hawaiian jurorsattend at 1 o'clock r. m., foreignjurors when notified.

Attorneys should call the clerk'sattention to misplaced cases andomitted names and cases, before theofficial list is published.

HAWAIIAN" JURY CRIMINAL.

The Queen vs. H. F. Poor; embezzlement (five cases). Hatch with theprosecution; Peterson-Ros- a for defendant.

Prov. govt. vs. Nawai, alias D. Na-w- ai

Namailou; assault with deadlyweapon. C. W. Ashford for defendant.

Prov. govt, vs. Lui; liquor sellingwithout license. Appeal from dis-trict court of Honolulu. Kaulukoufor defendant.

Prov. govt vs. A. Kahananui;liquor selling without license. Ap-peal from district court of Honolulu.Rosa-Kauluk- for defendant.

Prov. govt, vs. Puhili (k.); liquorselling without license. Appeal fromdistrict court of Honolulu. Kaulukoufor defendant.

Prov. govt. vs. S. W. Mahelona;unlawful possession of opium. Ap-peal from the district court of Hono-lulu. Ashford-Kauli- a for defendant

Prov. govt. vs. Jjui Oliva; liquorselling wituout license. Appeal fromdistrict court of Honolulu. Kaulu-kou for defendant.

Prov. govt. vs. D. Noa ; liquor selling wituout license. Appeal fromdistrict court of Honolulu. Kauliafor defendant.

Prov. govt vs. Lilly Mahi ; desert-ing husband. Appeal from districtcourt of AVaialua. Kinney for prose-cution ; C. AV. Ashford for defendant.

Prov. govt vs. James Kanui ; per-verting justice. C. W. Ashford fordefendant.

Prov. govt. vs. Hosea; extortion.Kaulukou for defendant.

Prov. govt. vs. Hulupii ; extortion.Kaulukou for defendant.

Prov. govt. vs. D. "Watson et al. ;conspiracy.

Prov. govt vs. Malihini; house-breaking. Rosa for defendant.

Prov. govt vs. D. Xiokaua ; violat-ing section 3, act 21, Provisional gov-ernment Appeal from district courtof Honolulu. Kaulia for defendant

Prov. govt. vs. Lydia Chapman;unlawful possession of opium. Appealfrom district court of Honolulu.Creighton for defendant.'Prov. govt. vs. Akaua ; assault and

battery. Appeal from district courtof Honolulu. Kane for defendant

Prov. govt vs. David Kda; liquorselling without license. Appeal fromdistrict court of Honolulu. V. V.Ashford for defendant.

Prov. govt. vs. Keoui Maalo ; vio-lating chapter 01, laws of 1S92. Ap-peal from district court of Honolulu.Kaulukou for defendant

Prov. govt vs. Keao; violating sec-tion 3, act 21, Provisional governmentAppeal from district court of Hono-lulu. Kaulia for defendant.

Prov. govt vs. Win. Mossnian; vio-lating section 3, act 21, Provisionalgovernment. Appeal from districtcourt of Honolulu. Kaulia for de-

fendant.Prov. govt. vs. Puakalehua; vio-

lating section 5, act 21, Provisionalgovernment Appeal from districtcourt of Honolulu. Achi for defen-dant

Prov. govt. vs. Ikeole; assault andbattery. Appeal from district courtof Honolulu. Kaulukou for defen-dant

FOREIGN JURY CRIMINAL.

Prov. govt. vs. Ah Young; violatingsection 5, chapter 41, laws of 1SSG.

Appeal from district court of Hono-lulu. Peterson for defendant.

Prov. govt vs. G. C. Kenyon; libel,1st degree. Peterson-Creighto- n fordefendant.

Prov. govt. vs. Ting Kim and AhMu; violating section 3, act 21, Pro-visional government. Appeal fromdistrict court of Honolulu. Petersonfor defendants.

Prov. govt. vs. Gabriel; liquor sell-ing without license. Appeal fromdistrict court of Honolulu. Kaulukoufor defendant

Prov. govt. vs. Teraoka; liquor sell-ing without license. Appeal fromdistrict court of Honolulu. Kaulukoufor defendant.

Prov. govt. vs. Kaauhau ; liquorselling without license. Appeal fromdistrict court of Honolulu. Kaulukoufor defendant

Prov. govt. vs. Mrs. J. Naone; liquorselling without license. Appeal fromdistrict court of Honolulu. Kaulukoufor defendant.

Prov. govt. vs. Kaelemakulej lar-ceny 4th degree. Appeal from districtcourt of Waialua. O. W. Ashford fordefendant.

Prov. govt. vs. Kahalewai andfishing with explosives.

Appeal from district court of Waia-lua. C. W. Ashford for defendants.

Prov. govt vs. Kamakee; violatingsection 5, act 21, Provisonal govern-ment. Appeal from district court ofHonolulu. Kaulukou for defendant.

Prov. govt vs. Kaawaloa; liquorselling without license. Appeal fromdistrict court of Honolulu. Kaulukoufor defendant

Prov. govt vs. C. Keawe; violatingsection 5, act 21, Provisional govern-ment. Appeal from district court ofHonolulu. Kaulia-Johnso- n for de-

fendantProv. govt vs. Molaka; liquor sell-

ing without license. Appeal from dis-

trict court of Honolulu. V. V. Ash-ford for defendant.

Prov. govt vs. Sato; violating sec- -

AW i

-

"

tion 4 , civil code. Appeal from dis-trict court of Honolulu. Peterson fordefendant

Prov. govt. vs. J. Sherwood; liquorselling without license. Appeal fromdistrict court of Honolulu. Creichtonfor defendant.

Prov. govt. vs. Ah Kai; unlawfulpossession of opium. Appeal fromdistrict court of Honolulu. Davidsonfor defendant

Prov. govt. vs. Ah Mun: unlawfulpossession of opium. Appeal fromdistrict court of Honolulu. Davidsonfor defendant.

Prov. govt vs. Tarn Sing; heedlessdriving. Appeal from district courtof Honolulu. Neumann for defend-ant.

Prow gov vs. Ah Foo; unlawfulpossession of opium. Appeal fromdistrict court of Honolulu. Davidsonfor defendant

Prov. covt. vs. Walton n. Smith- -

libel. Hatch with the prosecution;Hartwell for defendant.

Prov. govt. vs. Harry Welch; furi-ous driving. Neumann for defendant.,rPro,v: Svt- - vs- - J-- M. Vivas and J.M. Teixeira; libel. Neumann withthe prosecution; Kinney for defend-ants.

Prov. Jiovt vs. Sylvester: assault.with dangerous weanon. Kaulia fordefendant

Prov. govt vs. Arthur Johnstone;libel. Creighton with the prosecu-tion; Hartwell for the defendant.

Prov. covt vs. Antone Clovs: liliel.Creighton with the prosecution; Kin-ney for defendant.

Prov. govt. vs. Antone Sylva; grosscheat. C. W. Ashford with the prose-cution; Kaulia for defendant.

Prov. govt. vs. Domingos Gomes;gross cheat. Carter & Carter with theprosecution; C. W. Ashford for de-fendant.

Prov. govt. vs. Ah Kau; unlawfulpossession of opium. Appeal fromdistrict court of Honolulu. Davidsonfor defendant.

Prov. govt. vs. Ah Kai; unlawfulpossession of opium. Appeal fromdistrict court of Honolulu. Kaulukoufor defendant.

Prov. govt. vs. Ah Foo; unlawfulpossession of opium. Appeal fromdistrict court of Honolulu.

Prov. govt. vs. Look Sang; unlaw-ful possession of opium. Appeal fromdistrict court of Honolulu. Davidsonfor defendant

Prov. govt. vs. Magino and Siniis;violating section 3, act 21, Provisionalgovernment. Appeal from districtcourt of Honolulu. Kaulukou forde-rendaut- s.

Prov. govt. vs. Ah Chang; keepingdisorderly house. Appeal from dis-trict court of Honolulu. Kaulukoufor defendant

Prov. govt. vs. Geo. Lycurgus; keep-ing disorderly house. Appeal fromdistrict court of Honolulu. Neumann-Creighto- n

for defendant.Prov. govt. vs. Wong Leong; un-

lawful possession of opium. Appealfrom district court of Honolulu.Peterson for defendant.

Prov. govt. vs. Wm. Meyer alias R.Stoue; violating section 2, chapter 29,penal code. Appeal from districtcourt of Honolulu. V. V. Ashford fordefendant.

Prov. govt. vs. Ah Cheong; unlaw-ful possession of opium. Appeal fromdistrict court of Honolulu.

Prov. govt vs. Ah Shea; liquor sell-ing without license. Appeal from dis-trict court of Honolulu. Davidson fordefendant.

Prow govt vs. Mori; vagrancy. Ap-peal from district court of Honolulu.Kaulukou for defendant.

Prov. govt. vs. Ho Pai Yet and threeothers; violating setion 5, act 21, Pro-visional government. Appeal fromdistrict court of Honolulu. Achi fordefendants.

Prov. govt vs. Pong On and AhKee; larceny 3d degree. Appeal fromdistrict court of Honolulu. Davidsonfor defendants.

Prov. govt vs. Yuen Shee and threeothers; violating section 5, act 21,Provisional government. Appeal fromdistrict court of Honolulu. Davidsonfor defendants.

Prov. govt. vs. R. C. Clark; violat-sectio- u

o, act 21, Provisional govern-ment Appeal from district court ofHouoluhh V. V. Ashford for defend-ant.

Prov. govt. vs. Aiau; larceny of ani-mal. Appeal frem district court ofHonolulu. C. W. Ashford for defend-ant.

Prov. govt vs. J. P. Bowen ; larceny 4th degree. Appeal from districtcourt of Honolulu. C. W. Ashfordfor defendant.

Prov. govt vs. Ah Sow ; unlawfulpossession of opium. Anneal fromdistrict court of Honolulu. David-son for defendant

Prov. govt. vs. Kai Ko; unlawfulpossession of opium. Appeal fromdistrict court of Koolaupoko. Magoonfor defeudant

Prov. govt. vs. Afo ; unlawful pos-session of opium. Appeal from dis-trict court of Koolaupoko. Kane fordefendant.

Prov. govt vs. Ah Chew ; keepingtenement house without license. Ap-peal from district court of Honolulu.Carter & Carter for dofendant

Prov. govt vs. Ah Kwai ; unlawfulpossession of opium. Appeal fromdistrict court of Honolulu. V. V.Ashford for defendant.

HAWAIIAN JURY CIVIL.

Manlni Sylvia et al. vs. D. W. Ka-huak- ai

et al. ; ejectment. Kaulia forplaintiffs ; Kaulukou for defendants.

Kawai K. George vs. HanakaulaniHolt ; ejectment Hartwell for plain-tiff; Rosa for defendant

Maria Kaanaana vs. Keahietel.;ejectment C. W. Ashford for plain- -uu ; aiagoon ior defendants.

Kala and Annie Kumualii vs. C. P.Iaukea; ejectment. Magoon forplaintiffs ; (J. Brown for defendant.

T. K. R. Ainalu vs. Kona Coffee &Fruit Co.; assumpsit. Kinney forplaintiff; Peterson-Ro- sa for defen-dant

Clio H. Newton et al. vs. S. Kaaleet al. ; ejectment. Kinney for plain-tiffs : Kane for defendants.

Mary Makaena et al. vs. Hawaiiangovt. : claim for road damages. Kin-ney for plaintiffs; Attorney-Gener- al

for defendantMIXED JURY. &

Talula L. Hayselden vs. Wahineaea(w); ejectment. Ashford for plaintiff;Nawahi for defendant.

Kanamu (w) vs. C. B. Wilson, mar-shal- l;

false imprisonment Kaulir-ko-u

for plaintiflb ; Rosa for defendant.Ho Sun vs. Kukekakaulani et al. ;

ejectment Johnson for plaintiff;Magoon for defendants.

H. A. Myhre vs. A. Rosa ; covenant.

HAWAIIAN GAZETTE, TUESDAY, OCTOBER 31,

C. W. Ashford for plaintiff; Creigh-ton for defendant

Joseph Tinker vs. A. Rosa, execu-tor; assumpsit Appeal from Judd,C.J., in chambers. Carter & Carterfor plaintiff-Appella- nt; Creighton fordefendant

R. C. Peterson vs. S. Ehrlich: ac-

tion on the case. Hartwell for plain-tiff; C. W. Ashford for defendant

Julia S. Rice et al. vs. JonathanSpooner; ejectment. Kinney forplaintiffs; Carter & Carter for de-fendant

S. Ehrlich vs. R. C. Peterson; tres-pass. C. W. Ashford for plaintiff;Hartwell for defendant

Frank Telles vs. Albert and SarahTrask; replevin. Appeal from dis-trict court of Honolulu. C. W. Ashford for plaintiff appellant; Rosa fordefendant

J. 25". Kanaulu et al vs. Ono Kaai-hu- eet al; .ejectment Poepoe for

plaintiff; Kinney for defendant.George Mclntyre vs. Antone Sylva;

damage. Appeal from district courtof Honolulu. C. W. Ashford forplaintiff, Kaulia for defendant-appella- nt

Kate Keough vs. Mrs. A. C. Dow-se- tt

et al; assumpsit. Magoon forplaintiff; C. Brown for defendants.

E. O. Hall & Son vs. LiiiuokalaniDominis; assumpsit Magoon forplaintiffs.

James Harvest vs. C. H. Luther etal; ejectment Poepoe for plaintiff)C. Brown for defendants.

FOREIGN JURY CIVIL.

Catherine Batchelor vs. C. B. Wil-son, marshal; trespass. Ashford forplaintiff; Hatch-Carte- r for defendant.

H. Wilgeroth vs. Ewa PlantationCo.; damage. Ashford for plaintiff;Castle for defendant.

In re bankruptcy of T. Ahung;bankrupt's appeal from order of JudgeWhiting, committing him to prison.

Tung Yuk vs. Ngao Luk; case.Hartwell for plaintiff) Neumann-Creighto- n

for defendantThos. Nott vs. C. T. Gulick, guard-

ian; assumpsit. C. W. Ashford forplaintiff; Kinney for defendant.

E. C. Crick vs. E. G. Hitchcock,marshal; damage. Peterson-Creighto- n

for plaintiff: Attornev-Gener- al

for defendantC. A. P. Gardiner vs. E. G. Hitch-

cock, marshal; damage. Peterson-Creighto- n

for plaintiff; Attorney-Gener- al

for defendant.F. Schiefer vs. Olowalu Sugar Co.;

case. Rosa for plaintiff) Hatch fordefendant.

Ing Choi vs. Ah Pong et al.; as-

sumpsit Castle for plaintiff.John Nott vs. G. W. Lincoln et al.;

assumpsit. Magoon for plaintiff;Hatch-Kinue- y for defendants.

V. V. Ashford vs. Arthur John-stone: assumpsit. Appeal from dis-trict court of Honolulu. Plaintiff inperson; Magoon for defendant-appella- nt

C. A. Brown vs. Bulletin Publish-ing Company; trespass on case. Hatchfor plaintiff; C. W. Ashford for de-

fendant.Jacob Lyons vs. J. Hubash and C.

Batchelor: assumpsit Carter & Carter for plaintiff; C. W. Ashford fordefendant Batchelor.

Wong Wa Foy vs. Wong Tal Poonet al.; assumpsit. Magoon for plain-tiff.

Honolulu Planing Mill vs. P. Muh-lendo- rf

et al.; assumpsit. Magoon forplaintiff; Hatch-Kinne- y for defend-ants.

Louisa Rodriguez vs. DomingosLopez; covenant. Carter & Carter forplaintiff; C. W. Ashford for defend-ant.

Hoomana Kaoao vs. AVm. Norton;replevin. Appeal from district courtof Honolulu. Wakefield for plaintiff-appellan- t;

Carter & Carter for defend-ant.

Ah Loi et al. vs. Kul; damage.Johnson for plaintiffs-appellan- t; Ma-- J

goon lor ueienuautKamai vs. Anina; assumpsit Ap-

peal from district court of Honolulu,kaulia for plaintiff) Achi for defendant-ap-

pellant

DIVORCE AND SEPARATION.

Alice Davies vs. William Davies.Kinney for plaintiff; V. V. Ashfordfor defendant.

James Sutherland vs. Mary Suther-land. Kinney for plaintiff.

Kauimakaole Lazarus vs. Jos. Laz-arus. 'Kinney for plaintiff) C. W.Ashford for defendant.

Kuhinu (w) vs. Kalepe. Rosa fornlaintiffi C. Brown for defendant.

Lilly Mahi vs. Maka Mahi. C. W.Ashford for plaintiff; Kinney for de-

fendant.Miriam P. McKeague vs. Daniel

McKeague. Poepoe for plaintiff; Kau-lia for defendant

Lakana Pikai (k) vs. Ponolua. G.Brown for plaintiff.

Mooheau Keliiinulama (w) vs.Kaona. Kaulia for plain-

tiff; Creighton for defendant.Kaisau (k) vs. Koshino. Neumann

for plaintiff.Nawahine (w) vs. Kauhaa. Magoon

for plaintiff.Lizzie Lokana vs. David Lokana

Davidson for plaintiff.Nui (w) vs. Keoni Ahipaka. Kin-

ney for plaintiff.Sarah Eliz. Gertz vs. F. Gert. Kin-

ney for plaintiff.Kanamu (w) vs. Kekiokalani. John-

son for plaintiff; C. Brown for defen-dant

Phoebe Harrison vs. J. H. Harrison.C. W. Ashford for plaintiff; C. Brownfor defendant.

John K. Waiamau was at Oswe-

go, New York, during the last week

in September. He writes of thekind reception accorded him byDr. Sheldon, principal of the Os-

wego Normal School, and Mrs.Sheldon. Waiamau met SamuelKeliinoi and Chas. King, graduatesfrom the Kamehameha school, inthat institution, and says the Ha-

waiian boys are progressing verywell in their studies.

"It is a pleasure to sell Chamber-lain's" Cough Remedy," says Stickney

Dentler, druggists, Republic, Ohio,"because a customer after once usingit, is almost certain to call for it whenagain in need of such a medicine. Wesell more of it than of any other coughmedicine we handle, and it alwaysgives satisfaction." For coughs, coldsand croup it is without an equal. Forsale by all dealers.

Benson, Smith & Co.Agents for H. I.

SP"?1 "MJJTjt, s5S?e',"SSS3fl

1893.

COUNTESS CAPTAIN.

THE 10LNA RKACBES HONOLULU

'FLYING THE AMERICAN

FLAG.

A Series or Receptions Will be Glren

on the Ilanilsome Yacht

The trim little American yachtTolna, under command of an Amer-ican lady, Countess Festetics deTolna, arrived in Honolulu harborat 10 o'clock yesterday morning.She came in flying the Americanflag and the colors of the San Fran-cisco yacht club, the Tolna belong-ing to that club.

A representative of the Advertiser boarded the yacht out in thestream, and was met at the gang-

way by a young lady whom he atfirst mistook for the captain'sdaughter.

"May I see the captain?" askedthe reporter of the young lady, whowore a yachting cap.

"I am the captain," was thequick reply.

The- - reporter then handed herhis card, which the fair captaintook and held in her hand whileshe said : "We are fifteen days outfrom San Francisco, but we hadabsolutely no wind. There was acontinuous heavy swell most of theway. Had it not been for thecalms we would have been hereearlier. This is a very fast boat,you see, in fact the fastest on thePacific coast. Most of the timeshe made eight knots, but whenshe had any kind of a breeze sheswept the waves along at a fifteenknot rate. There is the count;would you like to see him?"

"If you please," replied the re-

porter meekly. The lady captainthen introduced him to the count.After the usual words of greetinghad been spoken the reporter wentbelow and the count showed himthe apartments of the first andsecond officers, which were on eachside of the steps leading to thecabin, which the count calls his"parlor." Yes, it was a veritableparlor, and in fact was much morehomelike than a fine ship's cabin.

The designer of the cabin wasPage Brown, a well known SanFrancisco architect, and he hascertainly well sustained his repu-tation. The fittings and upholstery work are elegant, the wallsand ceiling being of hard woodhighly polished. In the cabin aretwo book cases filled with books.

The count is an amateur photo-grapher, and takes many views atevery place of call.

Forward of the cabin are thebathroom, chartroom and bedroom.The latter is very capacious, and iswell lighted and ventilated. For-ward of these apartments are thedining hall and pantry.

Count Tolna navigates the yacht,although his wife is the nominalcaptain ; she signing all the papersrelating to the vessel, such as entryor clearing papers and the like.The reason of this is easily ac-

counted for, tho yacht being Amer-ican built and consequently carriesthe American flag. The count being a foreigner, the United Statesmarine regulations forbid his beinga captain, and so in order to avoidthat difficulty, Countess de Tolna,an American lady, has been madecaptain.

The Tolna was built by Wm.Turner, of Benecia, California, thebuilder of the clipper vessels W.H. Dftnond, Consuelo, J. D. Sprec-kel- s,

schooner Moiwahine andother swift sailing vessels on thePacific coast. Her dimensions are :

Length, 97 feet over all : beam, 24feet ; draft, 10 feet ; registered ton--nage, 78.61.

Count de Tolna said that afterleaving thi? port, he will call atTahiti, then the South Sea islandsand probablv Australia. Fromthere he will go to Japan, and ex-

pects to reach the Mikado's empireearly next year. From Japan thecount will return to Austria, viathe Suez canal and Mediterraneanand Adriatic sea:-- . The countwishes to call at .is many portsalong the Mediterranean sea aspracticable so that he can be homeat Vienna by the expiration of twoyears from date. Hp wi.l remain atVienna for some time after arrival,and may or may not place theyacht under his native flag. Afterthat the count and countess willsail their yacht to New York.

Count de Tolna stated yesterdaythat he intends to give a series of

'' ..rMyi yfe -- lrriig M

receptions on board during his stayin this harbor, and to thnt end, hewill cause his yacht to be preparedfor coming festive events.

Count Festetics de Tolna is ayoung man, being only twenty-seve- n

years old, and the countess,of course, younger and handsomer.He is an officer in the Austrianarmy, and holds a commission asfirst lieutenant in the Hussars, oneof the finest cavalry bodies in theimperial army. His father, CountFestetics, is chamberlain to Em-peror Franz Joseph (Wilhelm I.),while his aunt is the highest ladyof honor in the household of Em-press Elizabet. His uncle is CountTurilo Festetics, and is the ownerof the finest racing horses in Vi-enna.

Count de Tolna first met thecountess at the Paris exposition in1S89, where she was visiting. Twoyears ago they were married atNew York. The countess wasformerly Miss Eila Haggen, daugh-ter of J. B. Haggen of San Fran-cisco.

The yacht carries a crew of fourseamen. The chief officer is Mr.Wichman, formerly mate of theschooner Aloha. The second offi-

cer, cook and stewardess completethe crew.

GIGANTIC SUGAR PROFITS.

Why Spreckels ia Against An-

nexation.Washington, Sept. 2S. The

sugar trust will make from$10,000,000 to $12,000,000 addi-tional profit in the early days ofthe new Democratic tariff. Theschedules are not yet made up, butall the members of the committeebelieve that a tax of at least onecent a pound will be levied onsugar and the present bounty cutoff. This will be necessary to in-

crease the revenue. It is proposedto put wool, lumber, hemp flax, bi-

tuminous coal, coke, iron and cop-

per ore on the free list. This willnot only deprive all those indus-tries of protection, but it will di-

minish the revenue of the govern-ment about $11,000,000 as well. Atax of one cent a pound on sugarwill bring in about .$35,000,000.The consumers will pay everypenny of this and much more. Thepromoters of the new tariff proposeto give the "business interestsample time to adjust themselves tothe changes." Six months' noticeis the shortest time that has beenspoken of.

A PROFIT OK $1,500,000 A M0NTHv

It is interesting to calculate whatthis will mean in profits to theenormously wealthy sugar trust.Treasurer Searles has stated off-icially that the trust refineries havea capacity1 of 40,000 barrels of re-

fined sugar a day. For actual con-

sumption the production sometimesruns as low as 15,000 barrels a day.This means that the trust can pro-duce a surplus of 25,000 barrels aday if pushed. With six month'snotice of the operation of the newtariff the trust will refine in 156working days a surplus of 3,900,000barrels of sugar. They will importall their sugar tree, and sell withthe tariff of one cent a pound add-ed, making a sugar plum of about$70,000,000 for the trust in addi-tion to its usual profits, which arealready enormous.

The cuBtomary profit of refiningsugar in the East is one cent apound. On the Pacific coast it istwo and a quarter cents a pound.The difference is due to a privatearrangement between Claus Spreck-els and the sugar trust. The prof-fit-s

of this iniquitous arrangementreaches $6,000,000. Incidentally, itmay be added that if Hawaii wereannexed arid its sugars let in freethis profit would vanish and everyconsumer on the Pacific coastwould be benefitted. That is whyClaus Spreckels is against annex-ation. That is.why the people arefor it.AMERICAN INDUSTRIES killed :

TRUSTS HELPED.

The Democratic tariff bill willalso cut off the bounty paid onAmerican raised sugar beet andcane. This will repress a growingindustry at the south and west,and still further increase the pro-fits of the gigantic sugar mono-poly of New York and Brooklyn,which is already making $13,560,-00- 0

a year in profits out of refine-ries and real estate worth $20,000,-00- 0,

but capitalized at $85,000,000.It will not be wondered at, in viewof these figures, that the Messrs.Havemeyer, the absolute mastersof the trust, were the largest con-

tributors to the Democratic cam-paign fund last fall. Their profitsin proportion to their investmentare so large that Mr. Van Alen's$50,000 investment in the Italian aMission looks poor by comparison.

N. Y. Press.

.The estate of the late C. P. von

Mengerson, of Kauai, is valued at$15,251.44. The greater portion is ain sugar stock and personal prop-erty.

ZIP, BAflG!

SEVENTY-FIV-E POUNDS OF

GIANT POWDER SHAKES

UP BREWER'S

WHARF.

The Reef li Nonett. bat Considerable

Damage Is Done.

At 4:30 o'clock Tuesday after-M- r.

noon, W. E. Rowell, superintendent of public works, madehis second attempt to blast thecoral bed on the Ewa side ofBrewer's wharf with giant powder.During the day Mr. Rowell wasbusy putting cartridges of Her-

cules powder in eight holes drilledinto the coral bed at an averagedepth of about ten feet. Betweenthirty and forty cartridges were

put into each hole, the caps at-

tached to the insulated wires beinginserted in the uppermost cart-

ridges. Mr. Rowell completed in-

serting the powder into the eightholes after 4 o'clock. He then leftand shortly afterwards returnedwith a No. 2 Victor magneto-electri- c

blasting battery. During hisabsence the wharf was cleared ofeverything moveable. When Mr.Rowell returned, he placed the bat-

tery about forty feet from the edgeof the wharf. The people ran tothe old custom house wharf, on theother side, from which a good viewof the explosion was obtainod.

When all the insulated wiresconnecting with the cartridges wereattached to the battery, Rowellturned the handle of the machineonce and the battery did the rest.Within a few seconds after Rowelltouched the handle, the severalhundred people on the ships nearby and on the adjoining wharfall felt a shock and heard a loudreport. The sea was thrown upfor a foot above the surfaceand that was all. None of thecoral was thrown up above thesurface. Those on board the barksR. P. Rithet and Andrew Welchsaid they felt the shock of the ex-

plosion, while those on the oldcustom house wharf assorted thatthey felt as if that wharf was raisedseveral inches and then loweredagain.

Rowell ran off as soon as he hadturned the handle, for he antici-pated what was coming, but hesoon returned to st thesafety valve of the engine used fordrilling the bed.

Tho water was colored black withthe powder, and the stench of theescaping gases from the blastingmade tho surrounding atmospheredisagreeable for several minutes.

Under the shed on Brewers wharfwere stored several hundred bagsof grain. On the top of these bagswas seated a native. When thecharges went off the native wasthrown to the ground, a distance ofabout five feet, but he wa3 unhurt.

The injury to the wharf by theblasting was considerable. Abouttwo feet of earth along the edge forfifty or sixty feet sunk down, whilethe ground frra distance of overfifty feet inside was cracked inseveral places besides sinking.An old iron cannon, placedin tho ground for hitchingpurposes, Eauk over a foot,while one of the posts support- -mg tne root ot the siieu wasput out of position. It was notascertained yesterday whether thecoral wall of the wharf had beendestroyed by the explosion ornot, but judging by the way theground has sunk it seem3probable that it has. Only six ofthe charges went off while two wereleft undischarged. Mr. Rowell es-

timates that full' three-fourt- ofthe one hundred pounds of powderused expoded.

The blasting was considered suc-cessful in every way. Althoughthe damage done to the wharf iaconsiderable, yet Mr. Rowell is sat-isfied that the coral bed, which haBfor many years prevented the utili-zation of the wharf for large ves-sels, has been successfully removedat last.

The news of the blasting and thedamage done to the wharf spreadrapidly around the city, and coon

.large number of curious sight-seers were on the spot.

Dr. Komai and bride are amongthe saloon passengers on the S. S.Miike Mara. The doctor haa been

physician on the island of Ha-waii, and left for home sometimeago to get married.

' k

1.1

IM

K

lir

1

ll M ra Igi

In the Supreme Court of the Ha-

waiian Islands.

September Tt.ru, 1893.

Jonx F. Bowlee, Plaintiff in Error,ts. H. E. McIsttee, Executor of

the will of John S. Walker, de-

ceased, Defendent in Error.

EEFOBE JUDD, C. J., BICKEETON AND

ntEAS, JJ.

The Court cannot notice fact showingnon-joind- of a necessary party de-

fendant m error, where the facts ap-pear in no other way than by defend-ant's statement unsupported by aff-idavit.

The petition for a writ of error should con-

tain an allegation that the judgmentis not fully satisfied, bat the defendantcannot take advantage of the omissionof inch allegation after joinder, although the Court may of its own mo-tion dismiss the writ, if it appears bythe record that the judgment has beenfully satisfied.

A writ issued August 25. 1833, judgmenthaving been rendered February 25,1S93, is issued "within sir months fromthe rendition of judgment," as re-quired by the statute.

All the defendants below should be namedm the writ, and all snould join in error,unless sufficient cause be shown for the

r.

Questions which do not relate to the errorassigned, should be raised by demur-rer, special plea, or motion to qnash ordismiss.

Judgment upon a joint note is properlvrendered against the 'defendants'simply. Such judgment is a jointjudgment, but a joint and several obli-gation.

OPISION OF THE COUBT BV FKEAR, J.

Error to the Circuit Court of theFirst Circuit

John S. Walker, now deceased, re-covered judgment against the plain-tiff in error and eight others, in as-

sumpsit upon a note. The words ofthe note are, "We jointly promise,"etc The judgment is, "that theplaintiff do recover against the de-fendants," etc It is assigned as error, "that said judgment was errone-ously made and entered as a jointand several judgment against thedefendants and not as a joint judg-ment only." The defendant in errorpleaded in nullo est erratum.

Counsel for defendant in error con-tends that the writ should be dis-missed for the reasons, that theexecutrix is not made awith the executor: that there is noallegation in the petition that thejudgment is not satisfied; and thatthe writ was not issued within sixmonths from the rendition of judg-ment

The fact that there is an executrixas well as an executor of the will ofthe plaintiff below, now deceased, wasnot brought to the knowledge of theCourt in any way which would justifyus in noticing the fact, if fact it be.There is nothing but the defendant'sstatement of the fact unsupportedby affidavit

It should be alleged in the petitionthat the judgment was not fullysatisfied, this being a statutory pre-requisite for the issuance of thewrit, but whatever may be the effectof an omission to so allege, it is toolate for the defendant to take ad-vantage of it after issue joined uponthe merits, although the Court mightof its own motion dismiss the writ ifit appeared by the record that thejudgment had been satisfied. Thisdoes not appear in this case.

The judgment was entered Febru-ary 25, 1893. The writ was IssuedAugust 25, 1893. The statute allowsthe writ to be issued "within sixmonths from the rendition of judg-ment" We think that this writ wasissued within the time prescribed bythe statue. In Smith t. Gale, 137 TJ. S.577, judgment was entered May 25,18S6, and an appeal was allowedMay 25, 18S8. The Court held thatthe appeal was taken "within twoyears" after the entry of judgment asprescribed by law. To the sameeffect is Credit Co. r. Ark. Cen. Railway,128 TJ S. 258. In Butcher c. WrigM,.a i. o. ooo, an insolvent made anassignment of his property DecemberS, 1869, and was adjudged a bankrupton his own petition, April 8, 1870.The Court held that he made the as-signment "within four months" be-fore the filing of the petition in bank-ruptcy. The general rulo is that incomputing the time within which anact is to be done, the first day shouldbe excluded and the last included.See In te Election Laic, 8 Haw. 602.

There is one point which should betouched upon though not called toour attention by counsel. In boththe petition and the writ the plaintiffin error, and defendant below, is de-scribed as "John F. Bowler andothers." This makes John F. Bowlersole plaintiff in error (the words "andothers" being surplusage), but therecord shows that there were eightother defendants below. All of thedefendants below should be namedin the writ md all should join inerror unless sufficient cause be shownfor the non-joind- er. Simpion r. Greeley,20 "Wall. 152; Miller c. JleKenzie, 10Wall. 582.

It mBy b8 added that objectionslike the foregoing which do not go tothe question of the error assignedshould be raised by demurrer, specialplea or motion to quash or dismiss,although the Court may, of its ownmotion, dispose of the writ evensfter joinder in error, for defectsapparent upon the record. fc

The question of parties not havingbeen argued by counsel, we will dispose of this case upon its merits. .

At common law, in an actionagainst several defendants jointly,the general rule was that judgmentcould be entered only for or againstall; and since judgment could not beentered against parties not served

MWMflHMWCiMWWWU MfrMBBPy?;, " mi

31. -- 3

with process, it could not be enteredat all in a joint action unless all thedefendants were 6erved. But bystatutes known as "Joint-debto- r Acts"in most of the United States judg-ment may be entered against all thedefendants jointly, though some werenot served, to be how-ever, only against the joint propertyof all and the separate property ofthose served. See Black,Sections 233-23- 5; Freeman, Judg-ments, Sections 43-4-4. By Section1105 of our Civil Code. "It shall benecessary to join as defendants in acivil case, all the jointmakers of promissory notesbnt it shall in no case be necessaryto serve all of the joint parties suedwith process. Service of process up-on one of several defendants at law,shall be legal service upon all for thepurposes of appearance in Court,and jugdment may be entered againstall such thereon: pro-vided, however, that no executionshall issue against the sole propertyof any joint defendant on whom process was not duly served as aforesaid?' In this case, eight of the ninedefendants below were served withprocess, and judgment was enteredagainst all. Execution has not yetissued. We are of the opinion thatthe judgment was properly enteredin accordance with theof the statute. It is admitted thatthe judgment is joint, but it is as-

signed as error that it isseveral as well as joint andthat it should be joint only.By this it may be inferred that coun-sel would have the word "jointly" in-serted in the judgment after the word

so that the judgmentwould read, "that the plaintiff do re-cover of the defendants jointly,"etc. We find no ground for this inthe statute, which provides simplythat "judgment may be enteredagainst all such and,aside from the statute, a judgment,though rendered upon a joint causeof action, is itself a joint and severalobligation. An action can be main-tained upon it against each of thejudgment debtors separately. Black,

Section 210. And execu-tion may issue against the separateproperty of each; otherwise, if therewere no joint property as would gen-erally be the case unless the defend-ants were partners, the. judgmentcould not be satisfied, and the ori-ginal claim sued upon as well as thejudgment would be practically worth-less. The distinction between jointand several judgments does not liein the'naturo of the obligation, thatis, whether it is a joint or severalobligation, nor does it depend uponwnat property may be taken in exe-cution, that is, whether joint orseparate property; but a joint judg-ment against is merelya judgment against all, all beingjointly and severally liable, if servedwith process, to the full extent of thejudgment and a several judgment ismerely a separate judgment againstone or more but not all or the

as where judgment is entered against one or more by default,and against the others after trial, orwhere judgment for different amountsis entered against the defendants

A several judgmentcannot, of course, in the absenceof statutory authority, be ren-dered, except upon a several or ajoint and several obligation. In thepresent case the judgment, beingupon a joint obligation, was properlyrendered against all thethat is, it is a joint judgment, thoughit is a joint and several

Judgment affirmed.C. Creighton for plaintiff in error;

C. Brown for defendant in error.Honolulu, October 17, 1893.

ANOTHERVOICE.

Captain Mclntyre, the ex-Pil-

is Not in Accord With theCourt of Inquiry.

Captain H. E. who foryears was a pilot into this port,and knows the harbor as well .as

any man here, was much interestedin the decision of the court of inquiry into the Miowera disaster.The captain said whenasked for his opinion of the de-cision :

"I had nothing to do with thecourt, not being required to giveany evidence, but the whole caselooks to me like a very unjustway "of trying to shift theblame of this disaster on to theshoulders of some one else. TheMiowera was at least five points offher course when she struck ; and ifthe captain did not know where hewas it was his fault, and his alone.It seems to me that the court

by influence, to shift theblame on to the shoulders of thepilot to save Captain Stott's repu-tation. That this is rank injusticeto pilot Lorenson is certainly theopinion of almost everyone who hasfollowed the facts of the case, andwho knows anything about marineusages. Captain Stott was cer-tainly to blame, in my opinion andthat of every seafaring man intown."

Clarence Macfarlane took histrotting horse "Duke" to Puuhueranch, Kohala, Hawaii, by thesteamer Kinau Tuesday. Thestallion has been sold to Mr. E. P.Low, and Mr. Macfarlane went todeliver the animal to its new own-er. He will remain on Hawaii sev-eral weeks for a needed rest.

iiwiiiiiww.wi " ,,.. . :r,i "umpijif,! w'wnj jyi'iy j'1 .ujl ,liTO!,"jWBl!f '", l'11'1 ' Wt. l ' "- -

-

HAWAIIAN GAZETTE, TbiDAY, OCTOBER

enforceable,

Judgments,

provisions

"defendants,"

Judgments,

separately.

defendants,

obligation.

DISSENTING

Mclntyre,

yesterday,

at-tempted,

In the Supreme Court of the Ha

waiian Islands.

September Teem, 1893.

Maria Kaanaa.xaIahoe (w) and

husband.

vs. KeahiKaxakaxoi her

BEFORE JODD, C. J., BICKERTON AND

FREAB, JJ.

The Court refuses to reversean orderotthelower Court, setting aside the verdictand ordering a new trial, on the groundof misconduct of the jury, certain jur-ors having held conversations withparties defendant showing hostility to-

wards them.

OPISIOS OF the court bt bickerton, i.

This cause came on for trial at theFebruary term, 1893, of the CircuitCourt of the First Circuit, and re-

sulted in a verdict for the plain-tiff for possession of the .landclaimed, to which the defendantsduly excepted as contrary to lawand the evidence, and gave notice ofa motion for a new tnal. A motionfor a new trial was filed and argued.A number of grounds were set up,one being the misconduct of the jury,naming Sam Kalaluhi, Fiikoi Okuu,Koloa and Peter Davis particularly.A number of affidavits on both sideswere filed. The Court after over-ruling all the grounds set up, excepting the above mentioned one, says,"During the trial of the case theCourt was not satisfied with the ac-

tion of several of the jurors, but thisof itself is not sufficient to grant anew trial, but I am strongly im-

pressed by the affidavits filed, thatthero was such misconduct on thepart of the jury in this case as tocast suspicion upon any verdict thatthey rendered; and on this ground Isustain the motion and order theverdict set aside and that a new trialbe had." To which decision and or-der the plaintiff duly noted and filedexceptions. And the matter nowcomes here on a duly allowed bill ol.exceptions.

Defendants' counsel contends thatthis Court should consider and passon all the grounds taken by him in bismotion for a new trial, that the verdiet was contrary to law and tho evidence, etc., that were overruled bythe trial Judge. To be entitled tothis he should have excepted to theserulings and come hero on a bill ofexceptions; he prevailed on oneground alone. We see no reasonwhy two bills of exception shouldnot be allowed and argued, one fromeach Bide.

A man named Kupaa who is onvery friendly terms with plaintiffand family was constantly in attend-ance during the three days of thetrial, and was seen frequently inclose conversation with some of thejurors during the recesses of theCourt, and when others came near,tho conversations would stop at once.This is clear from the affidavits ofMahoe, Kanakanui, Police OfficerNahoolewa and Peter Davis. PeterDavis, one of the jurors, met Mahoe(one of the defendants) in the streetduring the time the trial was on, andsaid, "You cannot win the land, thejury are on Kauhi's side (Kauhi wasassisting in the plaintiffs case);there is one man giving them foodand drink " He also said Mabce wasin the right if the jury, "had notbeen bought;" then Sa'm Kalaluhi,another juror, came along with somegin in a bottle and gave it to Davis,then Davis said to Mahoe, "Idon't say to you that thisbottle came from Kauhi," and, con-tinuing, said to Kanakanui, "Youcan't win your case." All thi3 ap-pears from the affidavits of Mahoe,Kanakanui and Sam Haluapo. Thereare affidavits as to remarks made todefendants by some of the jurors,such as "No use for you to try to'make a case of this, you will loseyour money for your lawyer and thefood for your witnesses," etc.

In the case of Dana vs. Roberta (1and 2 Boot, 134 and 451) the Courtsays: "The principal guard uponjurors in this state is their oath andtheir virtue. If they are suffered toenter into conversation with peoplerespecting the causes they have underconsideration, the purity of trials byjury, the great barrier of liberty andjustice will be corrupted; it oughttherefore, to be guarded with themost vigilant attention." This caseis cited in Graham & Waterman,New Trials, p. 100.

Then there is the very contradic-tory statements made by Sam Kala-lub- i

as to where he got the bottle ofgin. The affidavits of Peter Davis,one of the jurors, corroborates allthese statements; ho also says thatSam Kalaluhi was working for theplaintiff, "because' he tried to influ-ence me;" when the witnesses weretestifying he would say, "You can't.trust toat man; it is no use totrust that man." This all goes toshow that some of these jnrors hadprejudice and were biased and pre-judiced, and showed hostility tow-ards defendants before the trial hadclosed and the case submitted tothem. What Davis said to Mahoeabout where the bottle of gin camefrom, can only be construed oneway, that is, he intended Mahoe tounderstand, that it did come from.Kauhi or the plaintiff, perhaps withtho object of getting somethingfrom the defendants. This certainlywas improper conduct on thB part ofa juror. Jurors when they, are separ-ated for the night, while a case is ontrial, have no rieht to disenss thmatter either between themselves or

(k).

with outsiders, and most certainlynot with the parties to a suit Weconsider this misconduct on the partof a juror. The affidavits filed bydefendants corroborate each otherand do not stand alone on any onestatement; the circumstances estab-lish the fact that these meetings andconversations did take place as stated.

The counter affidavits filed by thoplaintiff are individual denials, butthey establish the fact that tho Courthad instructed the jurors to abstainfrom conversation with anybodyabout the case during the recesses.

Tho affidavit of Sam Kalaluhi alsocorroborates the statement in regardto Peter Davis' getting a bottle ofliquor from him, also to the conver-sations had with Mr. Magoon, al-

though he denies having said thingsthat the others say he did.

After consideration of all the affi-

davits, we can only arrive at the con-clusion that there was gross miscon-duct on the part of some of thejurors. It cannot be said tbat thesedefendants had what they have a rightto, that is, a trial by a fair, impartialand unprejudiced jury.

"Unexplained communications be-tween a juror and the successful par-ty to the suit, his friends, counsel oragents, will lead to such an inferenceof tampering as will avoid the ver-dict." Thompson on Trials, Sec. 2559and caso3 there cited.

"Corrupt attempt to influence theverdict of a jury by other meansthan evidence andargument in opencourt, on grounds of pub-lic policy, is always ground for a newtrial, without reference to the meritsof the case, and whether successfulor not. The law is so sensitive uponthis subject, that alhdavits not explained away, casting suspicion ofsuch misconduct on the prevailingparty will avoid a verdict. The ruleis applied with almost equal strin-gency, whether such attempts pro-ceed from the prezailing party nimself,from his friends, or even from officiousthird persons. It is upon this principle

that unexplained communi-cations between tho jury and theprevailing' party, his counsel orfriends, create such a presumptionagainst the integrity of the verdicttbat it will not be allowed to stand.

Affidavits of jurors aroalways recoived to show attempts sodangerous to justice."

Ibid, Section 2560 and cases therecited.

"Whore the misconduct was ofsuch a nature that prejudice mighthave resulted from it, a presumptionof prejudice arises, which, unless re-butted by the successful party, willrequire the granting of a new trial

the irregularity must havebeen of such a character tbat itsnatural tendency would be to dis-qualify the jurors for' the proper andunbiassed discharge of their duties."

Ibid, Section 2617 and cases therecited.

In our opinion, the affidavits inthis caso disclose such a state of factsthat would have a natural tendencyto disqualify some of the jurors forthe proper and unbiassed dischargeof their duties. And we do not findthat the counter affidavits explainaway or rebut these facts.

In the case of Roberta vs. Jones,30 Iowa, 525, the Court says: "It hasbeen frequently held by this Courtthat we will not reverse an order ofthe Court below granting a new trial,unless it is made clear thatthe discretion of the Court below hasbeen abused. A stronger case shouldbe made to justify the interpositionof the Appellate Court, when a new,trial has been granted than when ithas been refused." Citing a numberof cases in the same State in supportof this.

We consider that considerableweight Bhonld be given by us (inthose cases) to the opinion and decision of the trial Judge who has everyfacility to-- observe the actions ofparties, witnesses and jnrors duringthe progress of the trial, and the in-cidents and circumstances surround-ing the case.

We therefore sustain the decisionof the trial Judge, ordering that theverdict be set aside and that a newtrial be had.

Exceptions overruled.C. W. Ashford for plaintiff; J. A.

Magoon for defendants.Honolulu, October 19, 1893.

Kl ermanyrap

' ' We are six in fam-- A

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of Blood. I have tried many differ-ent kinds of cough Syrups in mytime, but let me say to anyone want-ing such a medicine German Syrupis the best That has been my ex-perience. If you use it once, youwill go back to it whenever youneed it. It gives total relief and isa quick cure. My advice to every-one suffering with Lung Troublesis

Try it You will soon be con-

vinced. In all the families whereyour German Syrupis used we hai'e no Johntrouble with theLungs at all. It isthe medicine for thiscountry. O

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CHLORODYNE

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f.t5l53ablIcIy In Court tht Or. J. COLLISBHOWfcE wa nndoabtedlr the INVENTORof UHXORODYSE, that the whole etory orthe defendant Freeman waa deliberately e,

and he reeretted to mj- It had beensworn to. See The Timet, Jnly 13, 156-J- .

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COLLIS BROWNE'S CHLORODYNERapidly cms short all attack of

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IMPORTANT CAUTION. -- Tho 131- -MENbE &ALE of this REMEDY ha sirenrise to many UNSCRUPULOUS IMITA-TIONS. N. vcrj bottle of GENUINECHLORODYNE bears on the Governmentstamp the name of the lntcntor-D- R. J COLLISBROWNE. .Sold In bottles. 1. lKd.. 2s. TH.,and 4. lid., by all Chemists. Soli J.

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OEDWAY & PORTERRobinson Block, Hotel Street, between Fort and Nuuanu.

To the Public !

A number of complaints having reached us that mer-chants in Honolulu refuse to send Hawaiian Soap to theircustomers when so ordered, but instead imported soap,because it is cheaper in price, we request all persons familiesas well as dealers when they cannot procure Hawaiian Soapfrom their grocer or agent in Honolulu to send orders directto the company's agent, Honolulu.

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ti

LOCAL AND GENERAL.

An act appropriating $90,000 forthe use of the government is pub-

lished this morning.

The executive sale of the estateof Sam Parker had another reprieveFriday, and the sale was post-

poned two more weeks.

The demurrer entered by WalterCL Smith, editor of the Star, wassustained by the supreme court ina decision handed down on Satur-day. The case is the libel suit ofClaus Spreckels against Smith.

Prof. Lyons, of the governmentsurvey, said last evening that thehard southerly wind that has beenblowing for the last two days is nota kona, and that the trades willprobably be blowing again by to-

night.

The weeklv reception on boardthe U. S. S. Philadelphia last Sat-

urday was largely attended andthe launches of the vessel werebusy for several hours carryingguests to and from the whitecruiser.

The Hendry double furrow plowis the principal subject of the Ha-

waiian Hardware Company's ad-

vertisement this morning. A lightdraught implement, requiring fromtwo to four less animals to operateit than most other makes.

The sale of the lease of the rem-

nants of government land of Puu-ep- a

II. and Kohoiki, Kohala, Ha-

waii, will take place on Wednesday,November 29. The lands containan area of about 399 acres, with anupset price of $75 per year.

During November all foreignmails will close two hours beforethe steamers leave. This is toallow the post office departmenttime to prepare statistics for thebureau of the Universal PostalUnion, as required by the detailedregulations of that union.

A very large number of peoplewere present at the garden partysiven by Mrs. President Dole laEtFridav afternoon. The groundswere beautiful, and the Hawaiianstring orchestra, under the leader-ship of Prof. Berger, added greatlyto the pleasure of the occasion.

i Port Collector Sanders found" twenty tins of opium on the bark-entin- e

W. G. Irwin yesterday noon,and a warrant was issued againstH. Brady, the steward. He wasarrested and charged with smuggling. The drug was found concealedin a false bulkhead in the cook'sgalley. The opium was taken tothe custom house, under the newregulations.

FOR CRIMINAL LIBEL.

Edmund Norrie, the HolomuaEditor, Arrested on

Saturday.

At the instance of T.JW. Hobron,Edmund Norrie, the editor of the

Holomua, was arrested Saturdaymorning, and charged with crim-

inal libel. He was released some

time afterward, however, on a bondfor $100 being given, signed byJohn Phillips.

The article that led to Nome'sarrest was published in the Holo-

mua, Friday evening. It washeaded "Another Fake." It criti-cises a budget of Hawaiian newsrecently sent from here and pub-

lished in the San Francisco Chroni-

cle. After publishing extracts from

the article, it proceeds to jump onthe correspondent and handles himand his writings without gloves.That Mr. Hobron is meant by thewriter, is evident from the tone ofthe article.

PATERNAL GUARDIANSHIP.

British Consul's Views ofAmerica's Relations to

Hawaii.Thomas R. Walker, British vice-cons-ul

at Honolulu, and wife areat the Occidental. Mr. Walkerstates that all reports of a nativeuprising are groundless. There isperfect peace in the islands.

Mr. Walker declares that the na-

tive Hawaiians are perfectly will-

ing to let the United States decideas to what is just. He commendsMr. Blount for impartiality.

As for Honolulu, he says it ispractically an American city. Hethinks that a sort of paternal guar-dianship for the islands by theUnited States would perhaps be agood solution of the Hawaiianproblem. S. F. Chronicle, Oct. 19.

Darkness Stopped the Game.

The base ball game between the

Myrtles and Planets on Saturdaywas called at the end of the eighth

inning on account of darkness.The Ecore at that time stood 11 to9 in favor of the latter club.

i

In the Supreme Court of the Ha-

waiian Islands.

Septeubeh Txem, 1893.

The "Liholiho," The Inter-Islan- d

Steam Navigation Co vs. 1206Bags or Scgab, The AllianceMarine & General AssuranceCo.,Lim.; W. G. Irwin & Co.and the Hawaiian Sugar Co.,Intervenors.

BEFORE JUDD. 0. J., BICKEKTOS AM)

FBEAB, JJ.

In Admiralty On Libel for Salvage.

(1) A schooner completed taking in hercargo of strgar at the port of Makaweli.Kauai, at dusk and soon after startedon her voyage to Honolulu. Held,leaving the port in the nieht time wasnot r evidence of negligence.

(2) The fact that the salving vessel and theschooner from which the sugar wassalved belonged to the same ownersdoes not prevent salvage being award-ed against the cargo salved.

(3) The libellants were under contract toconvey the sugar from Makaweli toHonolulu and their vessels were undergeneral orders to assist each other.These facts .do not prevent the res-cue of the sugar from being a salvageservice.

(4) The action of the winds and the wavesbeing the proximate cause ot the disas-ter and the miscalculation of the Mas-ter being the remote cause, the losswas occasioned by a peril of sea.

(5) The schooner L. was loaded andstarted in the early evening to go tosea from the port of Makaweli, Kauai.The master was at the helm ; the crewhoisted the foresail and mainsail, hoveon the anchor until it broke ground,then began to hoist the jib. The windwas light ana on snore on me portbow. as the schooner was cominground. The course out of the harborwas S. W. The wheel was hard toport and lashed. The schooner payedoff very slowly and the mate fearingshe mfeht touch the reef let thu anchorgo. Shortly after this it was againhoisted. thc"mainsail-pea- k was loweredand jib sheet hauled to windward andbelaved, and when the schooner waswith'in two points of her course shestruck the reef on the windward orport side of the harbor near the en-trance, and stuck fast. The steamerIwalani was sent for and whan she ar-

rived she anchored, and fastened ahawser to the schooner and kept asteady strain on it to keep her frombeing lifted more on the reef by theswell, and discharged the sugar rapid-ly with her own boats, and finallypulled the schooner off into deep water.The L. had knocked a hole in her andafterwards sank, and was a total loss.This service was attended with butlittle danger to the libellants' salvingvessel, the sea being smooth and thewind light, and did not require greatskill or any extra expense, and occu-

pied onlv about 12 hours: Held, thatthat ont'-quatt-er of the net proceeds ofthe cargo salved would under thesecircumstances be proper compensationfor the service.

orixios or the court bt judd, c. j.

Circnit Judge Cooper heard thiscase below and decreed that the libel-lan- t

is entitled to salvage from thesngar saved from the wreck of theschooner Liholiho, and that amountof Buch salvage be fifty per cent, ofthe net proceeds of the sale of saidsngar paid into Court. We adoptthe findings of fact and of law asdecided by Judge Cooper in hisopinion rendered on the 21st Sep-tember, 1893, with the exception ofthe amount of the salvage. Follow-

ing is the decision npon which thedecree appealed from is based :

"On the evening of August 9, 1893,

the schooner Liholiho went ashoreon the reef forming the southernline of Makaweli harbor, Kauai ; hercargo consisted of 1450 bags of sugar.Soon after the schooner groundedthe captain sent his boat ashore forassistance, but was unable to secureit, after which the crew pulled overto Waimea, where the steamer Iwa-

lani lay at anchor, Bnd requested thecaptain to come at once to the assist-ance of the Liholiho. The Iwalaniarrived at the wreck some time be-

tween midnight and 2 o'clock, andafter a short consultation with thecaptain of the Liholiho, it was de-

cided that the best thing to do wasto transfer the sugar from the Liho-

liho to the Iwalani. The first attemptwas made with the Liholiho's boat,but, owing to the heavy swell androll of the schooner, the boat wasbroken. After which the Iwalani'sboats were called into action, and1158 bans of suear were taken aboardthe Iwalani. Both the crew of theLiholiho and the Iwalani participatedin the work, and after daylight assist-ance was rendered by men from theshore. Soon after the arrival of theIwalani a hawser was passed to theLiholiho and fastened to the main-mast, and a steady strain was putupon it for the purpose of keepingher from going further upon the reel.Before the 6Dgar was fully out thehawser parted ; after which it wascarried forward and made fast to theforemast, and an effort was made topull her off the reef which was finallysuccessful. After being pulled offthe reef the schooner began to makewater rapidly and the remainingBHgar was wet, and 58 bags of the re-

mainder was taken out and landedupon the wharf ; the captain of theIwalani refusing to take this wetsugar for fear of damaging the sngarhe had already taken aboard. TheLiholiho soon afterwards sank andthe remainder of the cargo became atotal loss. The Iwalani proceededon her voyage, and in due coarselanded the 1158 bags of sugar atHonolulu.

On the 16th of August, 1893, thelibellants filed their libel in thisCourt praying for an attachment andsale of the sngar, and claimingtwenty-fiv- e hundred dollars for salv-age service.

waMfcw,r f --- -- r -

f"wiiWW'aWWV

FTAWATTAyr GAZETTE, TUESDAY,- - OCTOBER 31, 1893.

The Alliance Marine and GeneralAssurance Company, insurers of apart of the cargo, W. G. Irwin & Co.,agents, and the Hawaiian SugarCompany, owners of a portion of thesugar, interpleaded for the purposeof disputing the claim of the libel-lants. An order of sale was issued,the sugar was sold, and the sum of$3635.67 was realized and paid intothe registry of the Court.

The steamer Iwalani and theschooner Liholiho both belonged tothe libellants.

The libellants were transportingthe sugar under a contract with theowners for the carrying of all theirfreight, and under the contract norestrictions were placed upon thelibellants as to the character of thevessel to be used. A shipping receiptwas signed by the captain of the Li-holiho, which is in the usual form inuse in this country.

It is contended by the intervenersthat the cause of the stranding of theschooner was the incompetency andnegligence of the master, and thatthe libellant being the owner of boththe wrecked and salving vessels, itcannot profit by its own wrong.

The evidence tended to show thatthe Liholiho got under way between9 and 10 o'clock in the evening withthe wind blowing a moderate breezefrom the east or off shore. There issome conflict of evidence as to justhow the start was made, but theweight of the evidence was to theeffect that the schooner was lying atanchor head to the wind, that themainsail and foresail were set and asthe anchor broke ground the jib washoisted and belayed to port, thesheets of both main and foresail werewell eased off and neither of the sailsdrawing. The course out from wherethe schooner started was S.W. and inorder to avoid the lee shore the cap-

tain deemed it necessary to go out onthe port tack. The Inholiho wasshown to be slow in paying off, andin this case was making too muchheadway toward the shore. Uponseeing which the mate who was for-

ward, without the order of the cap-

tain, dropped the onchor, and themainsail and jib were also lowered.After remaining in that position forabout half an hour a second attemptwas made under foresail and jib.The mainsail having been hoistedfull up at the throat but with peakslack. This second start was madewhen nearer the reef and for thatreason under less favorable cirenm-stance- s

than the first, but the schoonerhad nearly gained her course whenshe struck on the reef head on andalmost immediately Bwerving broad-side to.

There can be no doubt but there isa wide difference between willfulnegligence and an error of judgment.The captain of the Liholiho wasshown to be a master mariner of loDgstanding and his general competencywas not Questioned. And althoughwith a fair wind and calm sea thepresumption would seem to be againsthim, yet upon all the circumstancesI fail to find him chargable withnegligence. If he were to make theattempt again he might consider itwise to adopt a different method, butthat even wonld not be evidence ofnegligence in his former misfortune.Leaving port in the night time isnot negligence per se and I do notfind in this case that it was the prox-imnf- o

canse of the stranding. Ithink therefore that the disaster wasdue to a miscalculation on the partof the captain of the Liholiho. Inmany cases where it has beep neces-sary to prove a loss by a peril of thesea, the courts have held that wherethe remote cause of the disaster wasthe negligence of the master or crew,yet if the action of wind and wavewas the proximate cause of the lossit was a peril of the sea. As, wheresugar was being transported fromthe shore to the ship in an offing, bymeans of a launch and the crew wentto sleep and the launch therebydrifted npon the shore. Walker vs.Maitland, 5 B. & Aid. 171. And,where the master threw out too muchballast and the ship was overset in asquall. Dixon vs, Sadler, 5 M. &

Wele. 405. Also see the case of theMontana, 17 Fed. Rep. 377.

It is also contended that the libel-

lant being under a special contract totrnnsnort this sutrar. and that all thesteamers of the company were undergeneral orders to go to the assistanceof other vessels of the company indistress, that this is not a salvageservice. There is nothing in the con-

tract to support the theory that theparties contemplated anything ofthis kind; the contract does not ex-

tend to the situation before us, nordo I find that the general orders tothe captains of steamers in regard torendering assistance changes theresult.

T nm therefore of the opinion thatinn services rendered by the Iwalanientitles the libellant to salvage; thefact that the vessels were both ownedby the libellant being no bar to arecovery.

The Miranda, 3 Ad. & Ec. 561.

P.M.S. Co.vb. Ten Bales GunnyBags, 3 Sawyer 187.

The only remaining question is theamount which shall be awarded ascompensation for the service. Theintervenora endeavored to show thatthe Iwalani, soon after her arrival,attempted to pnll the Liholiho off bymeans of the hawsers made fast firstto her main, and afterwards to herforemast, and that by so doing theLiholiho's keel was damaged andthat she then began to leak, andthat had it not been for the leak socaused, the Liholiho would haveremained intact and that her owncrew and boat could have safelylanded the cargo on the wharf.

The testimony of the captains ofboth the Liholiho and Iwalani wasto the effect that no effort was madeto haul the Liholiho off until thebulk of the sugar had been taken out,

&, rrh'r .rffeW.jLjgr.

only sufficient strain being kept 'konthe hawser to keep her from goingfurther on the reef. The Liholihowas lying stern to the sea, and everywave as it came towards the shorecaused her to lift and then dropagain when the wave had passed.She was pounding so hard that theshoe or false keel had broken offearly in the morning of the 10th, andfrom all appearances she would haveknocked a hole in her bottom beforenoon of that day. The Liholiho'sboat was broken at the first attemptto remove the sugar, which renderedit impossible for the crew to do any-

thing without assistance towardssaving the cargo, and is strong argu-ment against the position taken bythe interveners. The cargo was aperishable one, and I feel convincedthat had it not been for the timelyservice rendered by the Iwalani, itwould have proved a total loss. Thereis but little aid to be derived fromdecided cases as to the amount to beawarded, each case depending uponits peculiar circumstances. Takingall things into consideration I feelwarranted in this case in awardingfifty per cent, of the net proceeds ofthe sale as evidenced by the Mar-shal's return.

The libel is drawn against 1206bags of sugar, but upon footing upthe number ot bags as set forth inthe body of the libel there is foundto be 1216 bags, which is the numbersold, and the calculation is basedupon the later amount."

By the Court:As regards the amount of salvage

decreed we are of the opinion that itis excessive. We do not questionthe principle laid down by ChiefJustice Marshall in "The Sibyl" (4

Wheaton, 98), that "in a case of civilsalvage where the amount of salvageis discretionary, appeals should notbe encouraged upon the ground ofminuto distinctions of merit; nor willthe Court reverse the decision of aninferior Court, unless it manifestlyappears that some important errorhad been committed." In 1865 in-

structions were given by the BritishBoard of Trade to the receivers ofwrecks of Great Britain, which em-

bodied the results of the decisions ofEnglish and American Courts ofAdmiralty "There must be. con-

sidered in a claim for salvage:(1) The degree of danger from

which the lives or property aro res-

cued.(2) The value of the property

saved.(3) The risk incurred by the sal-

vors.(4) The value of the property em-

ployed by the salvors in the wreckingenterprise, and the danger to whichit was exposed.

(5) The skill shown in renderingthe service.

(6) The time and labor occupied.The Sandringham, 10 Fed. It. 573.

We adopt these principles as ap-

plicable to cases of salvage."Salvage is a reward or bounty,

exceeding the actual value of theirservices, given to those by means ofwhose labor, intrepidity and per-severance a ship or her goods havebeen saved from shipwreck or otherdangers of the seas." 1 Bell. Com.592.

Judge Story in the Henry Eubank1 Sum. 400 said, "The law does not

I stop with a mere allowance to theowner (of the salvintr vessel) of anadequate indemnity for the risk botaken. It has a more enlargedpolicy and a higher aim. It looks tothe common safety and interest ofthe whole commercial world in casesof this nature; and it bestows uponthe owner a liberal bounty to stimu-late him to a joet zeal in the commoncause, and not to clog his voyageswith narrow instructions whichshould interdict his master from sal-

vage service. The lawoffers not a premium of indemnityonly but an ample reward, measuredby an enlightened liberality andforecast."

The following aro cases .bearingnpon this matter:

The Camanche, 8 Wall., 448. Herethe Supreme Court of the UnitedStates refused to reverse the salvageaward by the Court below. A wreck-

ing company agreed for $110,000 tosave the cargo of the ship Aqnillawhich had sunk in San Franciscoharbor. The cargo consisted of theironwork and materials for the con-

struction of the monitor "Camanche,"also her guns, shot, shell and stores,etc., all of which were valued at

400,000. The salvage service lastedabout three months and $70,000 wasspent by the libellants.

The Sandringham, 10 Fed. R., 573.

In this esse a steamer, worth, withher cargo and freight, valued at

200,000, was stranded on CapeHenry, within 100 yards of theshore, where the currrents of theChesapeake Bay, encountering thoseof the ocean, are often very danger-ous. Salvors, with 8 large force ofvessels, wrecking apparatus andmen, after a week of hard and dang-erous labor, in which the highest de-

gree of skill was shown, succeededin getting off both vessel and cargoho successfully as to allow them toproceed on their voyage after repairsto the ship. One fourth of the com-

bined value of vessel and cargo, andof half the freight, was awarded assalvage.

In the case of "The. FaireJiOd," 30Fed. K., 700, a schooner (the Fair-child- )

was run aground on an ex-

posed bank six miles out to sea, andbegan to pound heavily, and wasabandoned bv the master and crew,and was found by another vessel thenext day eleven miles out to sea anddrifting seaward, abandoned, withthe hatches open, and the wavesdashing over the deck, and in dangerof filling. She sold for 2051.61.Held, she was derelict and five hun-dred dollars was allowed for salvage

i.U&6,' &&,

to the owners and crew of the salvingvessel the Mary Odell.

In the case of "The lregunw," 50Fed. Be. 94G, the Court (January,1893), awarded twenty-fiv- e per cent,as salvage. The steamer Tregurnowas stranded on the Florida coasttwenty-fiv- e miles from Cape Florida,the nearest anchorage. She was ap-

praised with her cargo of cotton at205,496. The cotton saved was

transported 158 miles to Keywest.The wrecking force consisted of fif-

teen vessels aggregating 489 tonsand nearly 200 men and the salvorswero engaged twenty-fiv- e days.

In The Egypt 17 Fed. R. 359, thesalvors wero engaged eight days,discharged between 1100 and 1200bales of cotton and the court gaveone-fift- h upon an agreed estimationof S250,"000, in addition to 1,256.55which amount had been expendedby the wreckers.

In the case of The Ktmberley, 40Fed. R. 289, the steamship "Kim-berley," valued with her cargo at

490,000, was stranded on December1st, 1887, off False Cape Shoals,Atlantic Ocean. The vessel was 350

feet long, 3760 gross tonnage, andhad been driven 3000 feet from deepwater and thrown high upon theshore broadside to the sea and im-

bedded in the quicksand a mostperilous position. The libellants(the Uaker Salvage Co.) came at onceto her rescue and finally succeededin getting the vessel off on January26th, 18S8. Some nine vessels valuedat 164,000 were employed in the ser-vice. The vessels and men incurredservices and continued risks on ac-

count of storms off that coast.A large part of the cargo was movedw,uuu ieet in sun ooauj, it uhiujj im-possible to got a larger vessel nearerthe Kimberley. The Kimberley wasso filled with water as to rendor herengines useless and very little assist-

ance was Received from her. Thelibellants' actual outlay was 26,000.Held that in addition to the quantummeruit allowance, libellant was en-

titled to one-fift- of the value saved,viz., ijya.UUU. J.ne quantum meruuwas the 26,000 expended and 20,000for use of salvor's tugs, surf boats,anchors, chains, hawsers, steampnmps, &c, at 375 a day. The casewas appealed and the salvors compro-mised for 100,000.

Two cases are cited where fifty percent, was allowed as salvage: Peisehm. Ware, 4 Cranch, 347 (1808). Theship Favourite was discovered adriftin the bay of Delaware deserted byher crew, with her masts gone by theboard and without anchors, cables orrudder, and in danger of being carried out to sea. Her cargo was winesand spirits and it was unladen withconsiderable labor and landed. Threeof the Justices thought the salvageallowed was too great.

In the case of the ". J). Sibber," 33

Fed. Rep., 55, this vessel, loadedwith railroad iron, went ashore inGalveston Bay. The vessel and cargowere saivea ny liDeiiants uuuur ucontract with the master for 50 percont. of the value; wrecking crewswere paid extra sums and pumps oflarge cost for that locality used, andthe vessel saved at the risk of seriousdamage to the property engaged inthe work of salvage, one of thelighters being injured and the crewssuffering much hardship, and theweight of evidence showing that thecost of Baving railroad iron wreckedon the gulf beach, on basis ot wornand labor, is 50 per cent, of its value.Held that the contract was reasonableand a proper allowance for salvagewould be 50 per cent, of the value ofof the property saved.

There is now no fixed rule as tothe value of salvage services, but ex-

cept in rare cases of merit fifty per.cent, is the maximum. "It is nowthe practice to allow a fair compensa-tion for the actual services and one-hal- f

will be givon.only where bothconsiderable energy and great exer-

tion have been displayed or a con-

siderable danger incurred by thesalvors. If the service rendered toderelicts be of extraordinary merit,even as much as two-third- s of theirvalue may be awarded to the salvors,hut it is with great reluctance that more

than, a moiety is Teuarded." 21 Am. &

Eng. Encyc, p. 693.Considering the various ingredi-

ents of meritorious salvage laid inthe earlv nart of this decision, wefind (1.) That the sugar beingeasily dissolved by contact withwater was in great danger of losswhile in the schooner Liholiho lyingon the reef and would have beenlost but for the timely assistance ofthe Iwalani.

(2.) The value of the propertysaved was not large, the sugarbrought 3,635.67, and all of the1450 bags were saved but 234 bags.

(3.) There was some risk to themen in the boats while dischargingthe cargo but it was not mucpmore than is often incurred by theboatmen of our coasting steamera intaking their own cargo in. The factthat 1158 bags were taken out andboated to the Iwalani and 58 to thedock between midnight (some of thewitnesses say 4 a. si.) and 9 a. M.thenext morning, shows that the risksencountered were not very hazard-ous.

(4.) The salvors employed theirsteamer Iwalani, valued by them at

50,000. The Liholiho was valued at5000. The Iwalani used her own

boats, men and hawser and did nothave to supply any extra appliances.While performing this service theIwalBni was in no especial danger-- no

more than when taking in or discharging cargo at many of her usualporta on Kauai. The weather wasgood, the wind light and off shoreand the sea not high; and she hadput a light on the wharf so that sheknew her position and came up andanchored in safety.

(5) The nature of the salvage ser-

vice was simple and did not require

great skill. The Iwalani lay at an-

chor half of one night and part ofthe next day, keeping a steady strainwith a hawser to keep the Liholihofrom going further on the reef andfinally pulled the schooner off therockB. but she sunk and became awreck. The Iwalani's boats un-

loaded the schooner as rapidly aspossible. She was not thereby de-

tained from making her usual voy-

age on time.(6) The time occupied was short,

as we have seen, and the labor onthe part of the boats' crews was se-

vere while it lasted, but not muchmore than whon ordinarily employedin boating off sugar. The distanceover which tbo sugar was boated wasbut 65 fathoms. The officers andcrew of the Iwalani are not claim-ants in this libel.

It is said that where the valne ofproperty saved is small a higherproportion will be awarded, and asmaller proportion in cases wherethe value is large. 21 Am. & Eng.Encyc, 690. In the case of thoAlaska valued with her cargo at

1,041,000, and towed into port, 2cent was awarded. 23 Fed. R.,

97.When the value of the vessel salved

was small 11,000, salvors who hadabandoned their voyage for the salv-ing service, and consumed three daystherein and rescued the vessel from adangerous position, one-thi- rd wasallowed. The Maggie Willett, 27 Fed.R., 519. The cote cf Scout, 9, 16 and 24,45 Fed. R., 901, was one of "unusualmerit." The value of the propertysalved was 20,000 and the Courtawarded 25 per cent.

Unon a review of the whole caseand of the precedents cited, wo thinkthat one-fourt- h of the not proceeds ofthe property saved is ample compen-sation for the salvage servico of thelibollnnts. Costs of Court to be firstpaid out of proceeds.

Decree accordingly.F.M. Hatch for libellants; C. W.

Ashford and C. Creighton for inter-venora.

Honolulu, October 1893.

ANOTHER WRECK.

The Old Pile-Driv- er Sinks at thePaciBc Mail Dock.

On Saturday night Mr. Jarrett,government superintendent of thewharves, was ordered by Mr. W. E.Rowell, superintendent of publicworks, to have the pile-driv- er inreadiness by 5 o'clock on Sundaymorning, as he was going out tothe Miowera to drive down several

piles fpr Captain Metcalfe. Mr.Jarrett made it fast at the Ewa endof the P. M. S. S. Co.'s wharf.Saturday night there was quite aswell near the mail wharf and thepile-driv- er was continually bumpedagainst the wharf until it sprunga leak and sunk.

When Mr. Jarrett arrived at themail wharf on Sunday morning at5 o'clock, he found the pile-drive- r

lying on her beam ends, as it were.The derrick was lying Hat on thesurface of the water, but the ironhammer had fallen out from itsplace. The hammer will be re-

covered from the bottom this morn-ing.

The " wreck " was towed over tothe Waikiki end of the wharf bythe tug Eleu, where it wa3 rightedagain. Messrs. Rowell and Jarrettemployed a large gang of men yes-

terday to remove the donkey-engin- e

from the pile-driv- er to a newscow, and the derrick and hammerwill be temporarily fitted thereonthis morning as Captain Metcalfeneeds it the Miowera.

The pile-driv- er is very old, andhas outlived its usefulness. It wasthe first scow ever built by the oldgovernment, and it was this verypile-driv- er which drove the pilesfor all the wharves along the cityfront.

LIUNG YAO CAPTURED.

The Chinese Murderer Escaped

to Hamakaa on the Kinau.

Luing Yao, the Chinese murder-

er for whom the police have beenlooking for some time, was broughtback, from Hamakua yesterdaymorning on the steamer Waialeale.He had been supposed to be in hid-

ing in the Waianae hills, or thatvicinity, and the officers weregreatly surprised when he put inan appearance at the station.

Yao left here on the Kinau lastTuesday. It is supposed that hewas kept in hiding by some of hisfriendB hero until the. day thesteamer left, when he went onboard and was not recognized inthe crowd. When he got toHama-ku- a,

however, an acquaintanceof hiB there informed on him, andhe was immediately returned tothis city.

Miss Dale Married.Word was received by the last

Bteamer of the marriage of Miea

Louisa F. Dale, of Franklin, Penn.,to H. E. Spoor, of Rcdlande, Cal.Mis3 Dale will be well rememberedhere, having been for some time ateacher at Punahou, and quiteprominent in social and musicalcircles.

sAa&&l&gjg&j:

--JfiP" nj6Jwir" PSV JtM)p'iBa, "ffiW' Jfr i

10 BAWAIIaN GAZETTE, TbjDAY, OCTOBER 31 1893.

AT THE CAPITOL.

CORRESPONDENCE OF TRE PA--0IF1C MAIL AND 0. & 0.

COMPANIES.

Mr. Emaelatb Offers a Resolu

tion.

The Aniruiiriation Bill Passed A Fetl- -

tiou from Japaurse lloutlneBailnftf, etc., etc.

Thursday, Oct. 26th.The councils convened at 1:52 p. 51.

There were present Ministers Da-

mon, King and Smith; CouncilmenAllen, Subr, "Waterhouse, Brown,Ena, Nott, Tenney and Bolte.

At 1:30 p.m. Pressdent Dole had notarrived, and twenty minutes laterMinister Smith telephoned for him.The president requested that the coun-cil should proceed as the rules allowed,and that he would soon be there.

Attorney-Gener- al Smith said thatthe rules provided the senior membershould take the chair, and he calledupon Hon. "W. F. Allen, who took thechair and called the councils to order.

The minutes of the previous meet-

ing were read and after a minor cor-

rection were approved.At this point President Dole arrived

and took the chair.Attorney-Gener- al Smith said the

executive had received the followingpetition from a Japanese, which theywished to refer to the advisory coun-cil:To their Excellencies F. 11. Hatch,

Vice-Preside- nt and Minister ofForeign Affairs; S. 1L DAiiox,Minister of Finance; J. A. Kig,Minister of Interior; W. O. Smith,Attorney-Genera- l, and other hon-orable members of the ExecutiveCouncil of the Provisional Gov-ernment of the Hawaiian Islands.

Sm: The undersigned, H. Har-ma- n.

a Japanese by birth, residing onMaunakea street, Honolulu, Oahu,numoiy petitions your Honorablecouncil;

That a law be made and approvedfor the licensing of bath houses to beerected in the city of Honolulu,Oahu, and the party taking out alicense will also have to execute abond for a reasonable sum; that hewill not undertake to sell liquors pri-vately or allow prostitution to be car-ried on, or any other nuisance, and ifthe bond is not properly fulfilled, hislicense be cancelled and the amount ofhis bond revert to the use of the gov-ernment treasury.

Your humble petitiouens herebywilling to pay the sums of $25 or $35for a license, or as your honorablecouncil may decide for the good ofthe public

And your humble petitioner willever pray.

I have the honor,Your humble and obedient ser-

vant,H. Harxtan.

Honolulu, Oct. 2d, A. D. 1S93.

Attorney-Gener- al Smith moved itbe referred to the judiciary committee.

Mr. Brown moved it b"e referred tothe board of health.

After discussion of the question byMessrs. Smith, Emmeluth and Water-hous-e

the matter was rfcferred to thejudiciary committee.

Minister Damon read the weeklyfinancial statement as follows:FIA-C- E STATEMENT FOR WEEK ET-I- G

OCTOBER 25, 1893.

Current Account Balance

receipts.Interior Department. $ 1,700 00Customs 11,150 00Fines, Penalties and Cots. 425 95Revenue Stamps 7100Ban Francisco Consul Fees. 2,396 91"Yater - ... 200 00Post Office S76 50Brands 23 00Government Realizations 70 50Electric Light - 150 00

Hilo Water Receipts. 13 00Sinking Fund ....... 1,497 50

$ 26,739 23

$1S7,937 50

exfeditures.Judiciary Department -- $ 633 50Department of Foreign

Affairs. 1,391 76

Interior Department-Bo- ard

of Health 4,350 42Miscellaneous

Honolulu Fire Depart-ment, $137; Insane As-sylu-m,

$9 ; Steam tugs,$92.25 x. 2SS 25

Finance Department-Salar- ies,

Incidentals, etc 1,711 57Interest .. 2,466 00

Attorney-general- 's dep't 3,799 24Bureau of Public Instru-

ction..-.. - 955 S3General Expenses Provis-

ional Government... 1,557 65Road Tax To Special De-

posits 2,916TO0School Tax To Special

Deposit 2,S07 00Laud Sales 1,497 50

$ 24,329 72Total Treasury Balance,

above date ..... 163,607 7S

jtJKi

S1S7.937 50

Outstanding Bonds $2,64400 00"Due Postal Savings Bank. 512,917 13

Treasury and P. M. G.Notes 229,000 00

$3,416,117 13

Net Indebtedness 53,416,117 13

EXPLAXA.TORV.

(This amount ot 5162.590.7Shas been advanced fromcurrent aceount for im-provements under loanaccount, against vrhichthere has been repaidthe amount of $15S,O0O.0O

from bonds sold underthe act of Jan. 11, '93J... 15S.000 00

$ 4,590 7S

Amount due Treasurythis date from loan acct,$ 4,590 78

Postal Savings bank memo.:Due depositors,?. S. bank

this date S 542,917 13Notices this date of with-

drawals maturing inOctober, November andDecember, 1S93 32,307 00

Cash on hand P. S. bankthis date-- 23.S39 '

Expenses, Prov. Govt, memo.:Exps. Prov. Govt to dateS 147,191 77

This amount covers allexpenses, including mili-tary and items not appro-priated by the last Legislature.)Memo., cash in Treasury:Outstanding Certificates,

S2S4.000.00.Certificates withdrawn

from circulation and de-posited for safe keepingS2S,000.00.

Cash in Treasury to re-

deem certificates, $254,-000.0- 0.

Cash on hand, Postal Sav--

Road Board fund in Treas-ury 54,410 62

Douooi jjoaru iuuu inTreasury. 55,791 SS

Available cash, as above... 163,607 78

$ 302,650 02Finance Department, Oct. 25, 1893.

At the conclusion of the report Mr.Damon stated he had asked the auditor-g-

eneral to approve all floatingdebts up to October 1, 1893.

Mr. Brown reported from the judi-ciary committee as follows :

To the President of the Executive andAdvisory Councils of the Provi-sional Government:

Sir The judiciary committee towhom was referred the resolution toreport upon the advisability ofamending the law so that both termsof the circuit court of the second judi-cial circuit shall be held at "Wailuku,on the island of Maui, beg leave to re-port:

"While in the opinion of the com-mittee it is advisable that the pro-posed change be eventually made,that in view of the near approach ofthe time for holding the next term ofsaid Court, it is propably best that thechange should not bemade at present.

Anil therefore recommend that fur-ther action in the premises be deferredfor the present.

Respectfully submitted,Cecii. Brown,"W. F. Allex,W. O. Smith.

Honolulu, Oct. 26, 1S93.

The report was adopted.He also reported from the same com-

mittee the following amended bill re-lating to the marking of animalswhich was laid on the table to be con-sidered with the original bill:

ACTA Act Relating to the Regi-

stration of Marks on Animals.Be it enacted by the Executive and

Advisory Councils of the Provis-ional Government of the Hawai-ian Islands:

Section 1. From and after the firstday of January, A. D 1S94, all regis-tration of ear marks or other marks(except brands), shall be and the sameare hereby cancelled ; and from andafter the first day of January, A. D.,1S94, no ear marks or other (exceptbrands), shall be registered.

Sec. 2. This Act shall take effectfrom the date of its publication.

He also asked further time for thejudiciary committee on the matter ofseparating the ollices of presidentirom tnat of minister of foreign af-fairs. He pointed out that the matterinvolved grave legal questions. Mr.Hatch, one of the members of thecommittee, was absent on the islandof Maui, and as the report needed thecareful attention of all the membershe asked for further time.

Granted.Attorney-Gener- al Smith presented

the following correspondence from thePacific Mail and Occidental and Ori-ental steamship companies :

Honolulu, October 21st, 1S93.His Excellency Sanford B. Dole,

minister of foreign affairs.Sm: We herewith beg to hand to

your excellency a copy of a communi-cation received by us from the O. & O.S. S. Co. in connection with the P. C.S. S. Co., relating to Chinese passengers reiuseu lanuing ai mis port Dyreason of having fraudulent passports.

Lately it has occurred that alwaysone or two Chinese were refused toland here, which men had to be car-ried on to San Francisco; but you willsee by the enclosed letter that in caseof any contagious disease having oc-curred during the passage on board ofsuch steamer these passengers wouldbring the companies in great embar-rassment, which might result in thelaying up of a steamer for a month orlonger, on account of quarantine.

For this reason we beg to requestyour excellency to give this matteryour kind consideration, and we hopethat exceptions will be made in casesof any contagious disease being onboard and all the passengers for thisport'be allowed to land here.

"We are your excellency's mostobedient servants,

H. Hackfeld & Co.,Per E. Suhr,

Agents O. & O. and P. C. S. S. Co's.

Per "Oceanic"copy.

Messrs. H. Hackfeld & Co., agentsO. & O. S. S. Co., Honolulu, H. T.

Gentlemen: When our steamerscall at Honolulu on the homewardvoyage they are, as you are aware,compelled every voyage to bring for-

ward to San Francisco one or moreChinese, booked from Honckong toHonolulu, on account of being refuseda landing at the latter port by reasonof having misfit passports.

The depanmeni-a- i wasuiugion uasinstructed the collector of the port ofSan Francisco that when a vessel ar-rives at this port with contagious dis-

ease on board, or having occurred onthe voyage, any Chinese steerage pas-sengers refused a landing at Honoluluwould not be allowed to land at thegovernment quarantine station; fur-ther, that these passengers wouldhave to be kept on board the steamerin quarantine that is to say, wewould not even be allowed to transferthem to water craft. This decision Ismade on the grounds that such land-ing would be a violation of the exclu-sion act

You can readily see what an embar-rassing position this decision placesus in. In case a ship arrived withsmall pox or other contagious disease;and one or more of the passengers referred to on board, it womu mean atotal disruption of our schedule andquite likely the layinc up of a steamerfor a full voyage, and it has occurredto us that when a ship arrived atHonolulu with contagious disease onboard, you might arrange with thehealth authorities to care for suchChinese as are not legally entitled toland at Honolulu. That is, said Chinese to be put into quarantine, yougiving a bond, on behalf of the com-pany, that we will pay all expensesincident to their care, and agreeing tocall for them, say within sixty days,and take them back to Hongkong.We would, if necessary, send the shipback via Honolulu to pick these pas-sengers up. Sir. Center has asked meto say to you that you may considerthis letter as on joint account for Pacific Mail and O. & O. S. S. com-panies.

By the Oceanic we will write Mr.van Buren to instruct the ship's peo-ple to examine all the Honolulu pass-ports just after leaving Hongkongana compare tnem witn tue noiuers,and in case any of them are not valid,to land the holders at Yokohama,to be returned to Hongkong in duecourse.

Yours truly,Signed. D. D. SttjbbS,

Secretary.

After reading the correspondencewe attorney-gener- al saiu tne execu-tive had carefully considered the'mat- -ter and did not feel disposed to grantthe request The company had dis-criminated against the port and peopleof Honolulu by refusing to take freightand by lately raising the fares for pas-senger traffic between here and SanFrancisco. He did not think, underthe circumstances, they had a rightto ask any favors of this govern-ment. While they thus far had noofficial statement of the discrimi-nations mentioned there was nodoubt of their existence. Withoutconsidering the legal phases and difficultly wmcu woulu certainly arise ifthe request were granted, he wishedto emphasize the fact that under thecircumstances the executive did notfeel disposed to grant the request.

Mr. Suhr said he wished to call at-tention to the fact these steamers hadcalled here for the past ten yeara. Hewished to say the steamers had neverrefused freight and if it could be of-fered in sufficient quantity he had nodoubt arrangements could be madewith the company for taking it toSan Francisco. As to the raising offares all that he had to say was thecompany had a right to raise its faresif it saw fit If they gave betteraccommodation they had a right tocharge more. Mr. Hackfeld had in-quired in San Francisco as the reasonfor raising the fares and this waswhat they had told him.

The attorney-gener- al said thatwhere cases of humanity required allthe companies asked would be grant-ed, but otherwise he was opposed togranting the privileges asked.

Mr. Brown said it was his opinionthat should the request be granted itwould raise the same troubles herethat the United States authoritieswere now fighting. There would bea continuous run of law suits andhabeas corpus cases. As high aseighty to ninety Chinese passengerswouiu oe lanueu uere as in tue pastHow would the government be ableto get them out of the country afterthey were once landed ?

President Dole said the only protec-tion the government would havewould be the guarantee of the com-panies.

Mr. Brown pointed out that such aguarantee would not bind the Chineselanded and prevent law suits. Hemoved the action of the executive beapproved.

The attorney-gener- al said the mat-ter had been laid before the councilas one of information.

Mr. Brown withdrew his motion.Mr.Emmeluth said he had a resolu-

tion to offer. He was particular tostate it was based upon his individualobservation at the drill held the nightbefore. He thought the resolution wasa just measure, and it should pass. Hewould read as follows:

Resolved, That all employees of thisgovernment under forty-fiv- e years ofage snail wunin ten days enroll them-selves in some one of the volunteermilitary companies, and those overthe aire specified shall enroll flipm- -selves in the citizens' guard.

The attorney-gener- al explained theresolution was not clear, and even ifpassed would have to be modified. Hepointed out that lady school teacherscould not be expected to join themilitia.

Mr. Waterhouse moved to refer theresolution to the executive.

Mr. Emmeluth hoped it would notbe referred to the executive; they hadhad a similar resolution in hand sixmonths, and had done nothing withit He thought it would be timethrown away to refer it to that body.

Attorney-Gener- al Smith inquiredwhat resolution Mr. Emmelutn re-ferred to.

Upon explanation, Mr. Brownclaimed the termsof the resolution hadbeen carried out He hoped the resolu-tion would go to the executive, and healso hoped they would put their footon it and show those who were attempting to dictate to the governmentOccidiotai, & Oriental Steam--- ) that this policy could not go further.

snF C2;' GeDeral Office, He mentioned that in the govern- -Fbaxcisco, Oct. 6, 1S93.J 1 menta of the world no such move

et

would be thought of or attempted.The policy was peculiar to Hawaii.

Mr. Emmelutn said, in a suppressedand very earnest tone, that there weremany other things which could befound in this country not found inothers. It was his opinion thatif the policy of the past was followedin the future it would not be long be-fore the gentleman would have ampletime to reflect on the results ot theplan he was backing.

xur. Brown said he was fully satis- -nea witu tue manner in wnicn tneProvisional government was conduct-ing affairs. He read from the originalproclamation of the government inlast January where all officers wererequested to hold their offices. Theseofficers were afterwards required totake the oath of allegiance to the Pro-visional government To adopt thepolicy now offered would be throwingthe oaths of these officers into theirfaces. As far as he was himself concerned, he was as strong an annexationist as tnere was in tne islands ; buthe was opposed to this policy. Theevident intent of this resolution was,that every person who holds officewho has not joined the annexationclub should give place to someonewho has. He believed that if thematter was put to a vote in the annex-tio- n

club it would be voted down.He said this on personal conversations he had had with themembers of that organization.

Mr.Emmeluth thought it was out oforder and he agreed with Mr. Water-hous- e

that the annexation club wasnot before the house. This was anattack upon the annexation club.

president Hole said he did not thiukMr. Brown had gone outside the rulesand courtesies of debate; be did notthink Mr. Brown's remarks couldjustly be considered as an attack uponme annexation cluo.

Attorney-Gener- al Smith said hethought the discussion of this mattershould be approached without passionor prejudice. The sacrifices of manvhad already been made and the re-serve force was especially to becommended. The present resolutionhad been presented in goodfaith and should be received in thesame spirit Careful considerationshould be given the matter. He ex-plained the difference between employees and office holders. It was hisopinion the matter should go to acommittee for investigation and re-port

The resolution was referred to themilitary committee.

President Dole asked when Mr.Wilder would return.

Mr. Allen said he would be here onthe Australia.

The appropriation bill providing foradditional expenses of the Provisionalgovernment was passed second reading.

Mr. Brown moved the bill providingfor an extension of the franchise ofthe Oahu Railway and Land Co. belaid upon the table until next meet-ing. Carried.

The amended bill on the markingof animals was passed first reading.

At 2:54 the councils adjourned.

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don and

ESTSTJRAJSrCE CO(ESTABLISHED 1WJ.J

AaseU e 40,000,0002tet Income. . 9,079,000Clalmi Paid 113.699,000

Takes Bisks agalnit Loss or Samsa by rlreon Buildings, Uehlnery,8ugr Mills, Dwellingsand Furniture, on the most favorable terms.

BishoplSS2--q

TRANS

jfnsurantt

Globe

Fire--OF

& Co.

- - A3XANTICInsurance Company,

HAMBUEO- .-CapUal of the Co. and Reserve.Itcichs

marksCapital their CompanTea

Total..

Capital of the Co. 4 Reserve.... ....... ......anles

S.000,000

.101,650,000

..Reichsmart 107,650,000

NORTH GERMANFire Insurance Company,

OFHAMBURG.Relcha-marts- ...

CapitalthoirKe-lnsnrance-S,Sl,0CU

15,000,000

Totil Relchsmarka 41.SK.WJ

Thcanderilpied.GeneriUjentaof the abovetwo companies for the Hawaiian Islands, areprepared to Insure Bnlldinss, Furniture, Mer-chandise and Produce, Machinery, Ac, alsoSugar and Rice Mills, and vcssals in the har-po- r,

against loss or damage br Arc. on themotfavorable terms. H. HACKFELD 4 CO.1356 ly

W. H. JRIOE,

STOCK MSI ill DEALER

BBZEDKB Of

Fine Horses and CattleFrom the Thoroughbred

Standard bred Stallion, Nutwood by Nutwood, JrNorman Stallion Captain GrawlNative bred Stallion Boswell

ALSO 1 OnOtCE LOT 07

Bulls, Cows and CalvesFrom the Celebrated Balis

Sussex, Hereford, Ayrshire & DurhamA T.OI or

Fine ' Safldle an! Carriage Horses

FOB SALE.

2 Jr'Uiil! Jii.:E!XHEREFORD BULLS JOR SALE

Tourists and Excursion Parties dosiringSingle, Double or Fonr-in-han- d Teamu orSaddle Horses can be accommodated at W.H. Rice's Livery Stables.&l All communications to be addressed to

13.13-l- y W. H.RIOE.Lihne.Kanai.

Metropolitan Market

21.X3Lg Street.

Choicest ft! eatsFROM

Finest Herds.

G. J. WALLER, Prop.

FAMILIES AND SHIPPING

SUPPLIED ONSHORTNOTICE

AXD AT THE

Lowest Market Prices.

E&AII Meats delivered from thlsMartetarethoroughly chilled immediately after killing bjmeans of a Patent Dry Air Re-frigerator. Meat so treated retains all its juicyproperties, and is scaranteed to keep lonee-alt- er

delivery than freshly-kille- d meat.13S2q

BEAVER SALOON

H. J. NCL.TE, Proprietor.

Begs to annonnce to hitpublic In general

friend and the

That be has opened tho above Sa-loon wbare first-clas- s Refreshments

Trill be served from 3 a. n. till 10 p. nunder the Immediate supervision or a ComDe-tentCkff-

CuitiiuTHE FINEST GRADES OF

Tobaccos,Cigars, Pipes and

Smoker's SundriesChosen by a personal selection from flrst- -

cI.V,iBJ!.nf??0J1"'.?" heen obtained, andwillbeaddedtofromtlmoto time.One of Brunswick & Balke's

Celebrated Billiard Tableseonneetsd with the establtshjaeal'whereaoftaecnecanpartlclpate. 133-- i

Choice Carrier Birds.A FLOCK OF SIXTEEN

homing Pigeons for sale. Six ofthem are imnarfprl hlrAa the

balance were bred here. Inquire atGAZETTE OFFICE.

3468- -t 1494-- 2t

ibrrtgn liwriiflmuni3.

To. n. pirns.THE0. DAVIES & CO.,

COMMISSION MERCHANTS,

12 & 13ThoAlbanr,LIVERPOOL. ISSSlj

Only "Pebble" Establishment

Muiler's Optical Depot133 Jfontcomery St., near S.P.,Cal.

30 Yoars.--w

The most complicated casea of defectlra7,VV??.,V10roa.1!l,1Jr diagnosed OPC1IAKOE. by mall or express proapUj

AstlematlcLcnseaMounted toorder at two hoars 'notice.

INSURANCE

Theo. H. Davies & Co.,AGENTS FOR

FIRE, LIFE and MARINE.

INSURANCE

Northern Assurance Co

London for FIRE LIFE.

ESTABLISHED 1836.ACCUMULATED FUNDS 3,975,000

BRITISH AND FOREIGN

Marine Insurance Co.Ld

Liverpool for MARINE.

CAPITAL 1,000,000.Reduction Rates

Immediate Payment Clafmt

THEO. DAVIES CO., Agents

MARINE INSURANCE

The nnderaicned authorizedMarine Risks

babols jxyiati

H.

& 5

Bush,

FKEKOrders

1K6

Of &

- -

Of

- . .of

of

H. &

iy

ison

ljr

to taia

HULLS, CARGOES,FREIGHTS and

COMMISSIONS.At Corrent Rates in the following Com-pani- cs,

viz:Al iance Assurance Fire and Marine,

London.WilhelmaofMadgeburg Gen'i. Ins. CoSun Insurance Co., San Francisco.

JOHN S. WALKER,1373-- 1 Agent for Hawaiian lalaadi

Fire Insurance- - JBKEMECompany.

Agents ??k"!iLncd haTlS been appointedCompany, are prepared to

tir. T ' "vuraoieierm. tor par- -

Marino Insuranco CompanyOF BSRLIX

roRTxrwaGeneral Insuranco Company,OF BERLIX

n2?l8ia?0ne In!?"nce Companies have estan-".she- iVener?I.A-enc- r here, and the nnderalzned, ACcnta, are authorized to take

.H.'ik lSln o Daugern ol tbeScnsMost Reasonable Untes.aad outixeMont Favorable Terms.1339 lrF.A.SCIIAEFBR & CO.. General Acts

GENERAL INSURANCE COMPANY

For Sea, River &X,and TransportOF DRESDEK

Ravins established an Agency at Honolulu fotne Hawaiian Islands. the undcrsirccd GeneraAgents, are authorized to takeRisks against the Bangor of the Som

at TorMost Reasonable Ratot.aad onthsMost Pavorablo TermP. A. SCHAEFEU & CO.

ySMtf Agent for the HayaliacIIalagdt

NORTH BRITISH AND MERCANTILE

Insurance Company.Totai. Assets t 31st Dzczxszb, 13M,

11,141,531 Is. Id.1 Authorised Capital.. 3,000,000 . dSubscribed .. 2,750,000

Paid-u- p Capital. 687.J0O 0 9Z FirePcnds 2,078,838 12 2

Annuity Funds 7,77453 8 11

11,141,211 l lRevenue Fire Branch 1,577,276Revenue Llfo and Annuity

Branches.. 1J1S.736

2,791,012

The accumulated Funds the Fife and UfaDepartments are free from liability respect

ED. HOPPSCHLAEGER & CO..!3331y Aeents for tte Hawaiian Island

ei !!aie mmOF A. JAEGER.

So.l3Kaahnmana Street, -

1 10

9 7

ofin

Honolulu

HAMBUEG-MAGDEBDB- G ITREINSURANCE CO. of Ham- -bnrg, Germany.

LION FERE INSURANCE CO. ofLondon, England.

ORIENT INSURANCE CO. )fHartford, Conn.

NATIONAL FIRE INSURACJt.CO. of Hartford, Conn.

WSI-- y

hi- i?9

ir

)

It :i

t

SAX FRANCISCO LETTER

Latest Advices Per E. M. S. S.

Mariposa, October 20.

- sn Fiaaaseo OKrapwrieat.

Sugar.Xetv-Yor- Oct. a). Cuban centri-

fugal, SO degrees, S 53-10- 0 cents; granu-

lated unchanged.The San Francisco market continues

steady with good demand.A dispatch from Washington, dated

the 17th, says: The of

the judiciary committee, which hasthe Henderson sugar trust resolutionin charge, has not acted adversely,but the members say they are unwill-

ing to report in favor of the investiga-tion unless more evidence of the ex-

istence of the trust be presented.The Alameda Sugar Company, at

Alvarado, ha turned out 1,300,000

pounds of sugar. The total output itis estimated will be 6,000,000 pounds.Since the government pays 2 cents apound bounty on the sugar, this onefactory will draw 5120,000 from thenational treasury.

Hawaiian Annexation.Nothing new has developed in

regard to Hawaiian annexation.Blount's report to the president hasnot yet been given out, and as con-

gress is expected to adjourn within aweek it is not thought that anythingwill come to the surface until theregular session of congress, whichconvenes in December. The fact thatthe Provisional government, whichstrongly desires annexation, is able tostand by its own strength is being ac-

cepted more and more as evidencethat annexation will eventually beaccomplished. Cleveland is so fixedin his views on any point that the re-

sult will be accomplished slowly, how-ever.

Minister "Willis has not yet arrived,but has expected to sail for Hawaii onthe Mariposa.

A most significant event occurred- Chicago on the 19th. It was "chil-

dren's day" at the Fair, and at noonthe children rang the new liberty bellmhonorof the surrender of Lordporn-walli- s,

giving the "grand signal" offifty-on- e strokes, one for each stateand territory and one of welcome tothe Hawaiian Islands.

Wreck of the Miowera.

The arrival of the Australia aheadof time bringing the news of the lossof the Miowera was something of asurprise. Of course, the news thatthe Miowera was behind time hadbeen telegraphed from Victoria, butno one expected to hear of a disasterof such magnitude.

The shipwrecked passengers willleave for Victoria on the 21st. Mostof them have through tickets over theCanadian Pacific

It is the general belief that the vesel will be wrecked where she is, and

divers will go down by the Mariposato look after her. The Canadian Pa-cific agents have cabled for instruc-tions to the owners in England.

It was reported that the big tugsFearless and Relief belonging to Jno.D. Spreckels & Bros, were to makethe trip. J. D. Spreckels is in Chi- -v.ngo and if such arrangements aremade, he will make the negotiations.What has been done is not known atthe local office.

The common opinion among ship-ping men here is that the Mioweracase is hopeless, and that nothing re-

mains to be done except to recover all'rom her that is possible.

At one time 10 per cent,was offered on the Miowera, but

"Xc are glad that their of-

fers were not accepted.

The Silver Fight.The senate continues its battle over

the question of repealing the Sher-man silver law, but as the tight pro-ceeds it appears that silver men aregaining strength. Voorhees, the ad-ministration leader, who attempted tocompel a vote by holding a continu-ous session, was forced to call for anadjournment, as his followers couldnot stand the strain. He is now work-ing the recess plan, and it promises toresult in a vote within a week. Therepeal proposition is thought to belead, and the bill can only pass as acompromise. On the lOth'inst. Secre-tary Carlisle announced that a mea-sure had been finally agreed upon andthat the extra session would adjournnext week. The bill has three import-ant provisions, as finally agreed upon.The Sherman law is to be repealed,but the repeal will not go into effectantil the 1st of January, 1S95. Thebill will authorize the coinage of theseigniorage of silver bullion now inthe treasury. It also gives permissionto the secretary of the treasury to is-

sue five-ye- ar 3 per cent bonds, thesebonds not to be available as a basis ofnational bank circulation. If ad-journment is taken at so early adate, nothing-- can be done with thereform tarifi bill, which is now beingdrawn. It will come up in the regu-Jf- lr

session.

San Francisco News.Preparations for the midwinter fair

are going ahead rapidly and the build-ings are going up with mushroomlikerapidity. The ssb receipts to dateare about $225,000.

The new crematory of the SanFrancisco society will be opened in afew weeks. About sixty bodies areawaiting cremation.

Wells, Fargo & Co. have secured atwenty-on- e year lease of express pri

vileges over the Southern Pacificcompany's lines.

George a Shreve, the jeweler, ofGeo. C Shreve Js Co.. died suddenlyof apoplexy on the 13th inst--

The Iileoig medal has been con-ferred upon Prof. E. W. HHcard byGermany, for a pamphlet entitled "AReport on the Relation of Soil to Cli-mate."

Congressman Bankhead is prepar-ing a bombshell for the governmentin"reference to the purchase of the postoffice site in this city. He claims tohave found evidence'to bring a crimi-nal prosecution of certain men con-nected with the deal.

The Huntington - Hopkins Hard-ware Co. has decided to retire frombusiness. All of the members arewealthy and competition has becometoo keen.

AV. "W. Fairbank a Point Arenaphotographer, is among the missing,after having been married four days.The Hawaiian islands were hishome for several years in the earlyeighties, and he has been all over theUnited States two or three times.Two years ago he returned fromTexas, where ne spent some monthsfor his health, and finally settled atPoint Arena, where he establishedhimself as a photographer.

American News

At the regular meeting of the North-ern Pacific railroad stockholders,Henry Villard was defeated and a newmanagement selected. The changewas a great surprise to the financialworld.

Another great storm has swept overthe east. Great damage was done onland and water, several fine steamerson the lakes being totally wreckedand many lives lost.

A fire in a street car stable in Chi-cago on the 12th burned five hundredhorses to death. Many of the auimalsafter being removed to a place ofsafety plunged back into the burningbuilding and were consumed.

The international congress of irriga-tionist- s,

at Los Angeles, this state,was a great success and was largelyattueded. Delegates were presentfrom all over the country and" manyvaluable ideas were advanced on thesubject of irrigation and the reclaim-ing of arid lauds. The congress adopted resolutions opposing tne proposeucession of arid lauds by the govern-ment to the several states, and calledon the government to reclaim suchlands and make them productive.

The result of investigation of diseaseon the steamer Russia, from Hamburgto 2ew York, shows that it was chol-era. All danger is now said to beover.

On October ISth New York had afire which swept away 53,500,000 worthof property and rendered many poorpeople Homeless.

The ceremonies in honor of the epis-copal jubilee or Cardinal Gibbons be-

gan with great pomp at Baltimore onthe 10th iust. A message from thepope was delivered to the congrega-tion by means of a phonograph.

Doolittle, of Washington, has intro-duced a resolution asking the secre-tary of state for information regardingthe Nicaragua canal, as to the amountof work done and the approximateamount of money expended, whatsteps the government has taken toprotect the interests o! American citi-zens and the investors in the canal,and the status of the Maritime CanalCompany, of Nicaragua.

Emma Goldman, the female an-archist of New York who excited thepeople to riot a few months ago, hasbeen sent to prison for one year.

A New Orleans dispatch says thatthe French steamship Marseilles hasfoundered at sea. The Marseilles wason her way from Havre to New Or-

leans with a valuable cargo of mer-chandise and wines, with a crew offifty and a number of passengers. TheMarseilles was caught in the recentgale in the South Atlantic The ves-sel and cargo are a total loss. All thecrew and passengers are thought to besafe.

The McCreary bill has finally passedthe house of representatives with threeamendments by Geary. This givesthe Chinese six months longer inwhich to register. Criminals arebarred from its benefits.

At the meeting of the Anti-Tru- st As-sociation in Chicago.Messrs.Rosewaterof Omaha, Ray of ew York andTawney of Minnesota were appointeda committee to memorialize the presi-dent of the United States, on behalf ofthis association, to recommend in hisforthcoming annual message the cre-ation of a bureau of corporate super-vision and control to the end thatfictitious or fraudulent capitalizationby corporation, engaged in any busi-ness coming within the provisions ofthe Federal Constitution or relating tointerstate commerce, may be prohibi-ted, said bureau to be in charge ofa commissioner clothed with authoritysimilar to that exercised by the con-troller of the currency over banks, andempowered by law to collect statisticsrelating to the capitalization, liabil-ities and available assets of all suchcorporations; and further to recom-mend to contrress the nassace of suitable laws to prevent combinations ofcapital or corporate wealth and powerfor the purpose of limiting production,destroying home competition or con-trolling the price of raw materials ormanufactured products.

Another wreck has occurred on theWabash road in Missouri in which alarge number of people were seriouslyinjured. Spreading rails was thecause.

The management of the ColumbianFair at Chicago, have decided to keepit open as long as the attendancewarrants, probably till November 15or 30.

At the request of heavy stockhold-ers, the Union Pacific Railroad hasgone into the hands of a receiver,the present management havingproved a failure.

A terrible train wreck occurred inJackson, Michigan, on the 13th insLThe second section of a World's Fairtrain crashed into the first section,killed twelve people and mangledover a score. Carelessness was thecause.

Foreign News.

The Brazilian revolution is beinghotly carried on, with no prospect ofvictory on either side in the nearfuture. The bombardment otill Mn.tinues, and on the 10th ipstant therebels captured one of the govern-ment forts. On the 17th the engage-ment became very hot, and resultedin the sinking of the rebel steamer

- .r rBSSf5 mmtgJmVlfS'

HAWAIIAN GAZETTE, TUESDAY, OCTOBER 31, 1893. HUrano and the killing of many men.Nearly all the wounded were drownedwhen the steamer went down. After-wards the rebel steamer Pallas, ladenwith provisions tried to enter the bay.She was fired upon by the guns ofFort Santa Cruz, and her receptionwas so hot that she had to put aboutand give up the attempt to enter. Shewas badly crippled, and came nearsharing the fate of the Urano. Thegovernment has organized a fleet ofsix ironclads, and is purchasing morevessels as fast as they can be obtained.The rebel warships Aquldabon andTrajavo have suffered grave injuriesin the last few days from shots landedaboard of them by the forts. TheTrajavo is so disabled as to be uselessfor the present.

The reception of the Russian fleet atToulon by the French has been wildlyenthusiastic, and the sentiments ex-pressed leails to the belief that Franceis again possessed with the thirst forwan She believes she would have thesupport of Russia in any conflict, andthis is enough to make Frenchmendesire to again raise the crv of " Onto Berlin."

It is announced from Dublin thatJohn Redmond has led the Parnellitesto abandon Gladstone, on the groundthat he has deserted Irish interests.They propose to fight all the Englishmeasures in the Commons.

M. Gounod, the celebrated Frenchcomposer and author of the grandopera of "Faust," is dead.

The Italian people are also makinga great demonstration in a receptionof the British Mediterranean fleet atToranto.

Marshal McMahon, the great Frenchsoldier, statesman and patriot, diedon the 17th instant, at Paris, aged S3

'years.

Sporting.The filly Fantasy has lowered the

trotting record of three-year-ol- ina race to 2:0SJ, which beat Direction'sold time. Princess Clara has also set anew pace for yearlings at2:26J. Later,Direction, on the same course, tookanother fall out of the record, andmade it 2:05 in a race.

Arion has reduced his record to2:07j.

Governor Flower of New York hasput his foot down on the proposedCorbett-Mitche- ll fight, and says itwill not take place in his state. Thefight may therefore be declared ofl".

KAIULANI'S MODESTY.

She Says She Will Not Take theThrone Daring the Qaeen's

Lifetime.A dispatch from Victoria, dated

the loth, says: Theophilus H.Davies, guardian of Hawaiian Prin-

cess Kaiulani, is here awaiting thesailing of the steamer Miowera, onwhich he returns to Honolulu.He will probably wait a while

Cor. Gazette. It was Davies whoorganized the party accompanyingthe princess to Washington whenshe went to state her case to Presi-dent Cleveland. An interestingevent in Kaiulani's life occurs to-

morrow, when she attains her ma-

jority. The princess will winter atWiesbaden. Speaking about herand her plans, Davies said : "Therehas been a great deal said andtelegraphed about the relation theprincess bears to the queen. Theytalk ahout the princess being will-

ing to take the throne. Now, herposition is simply this : The prin-cess is perfectly loyal to the queen ;there can be no question of hertaking the throne during thequeen's lifetime except at thequeen's request ; so all this talk tothe contrary is entirely unfounded.It is a question that never hasarisen and can never arise. Shehas been represented as headingsome other party. There is onlyone party of the Hawaiians, andthey are represented by the queenand the princess as her heiress.The princess went to Washingtonnot to her own interest, but in thoseof the Hawaiian throne and na-

tion." As to the future of thenation, as far as the United Statesis concerned, Davies is of the opin-ion that Cleveland will refuseeither to annex or "protect" Hawaii,unless satisfied that the nationwants it. Every official of theUiited States government withwhom Davies had dealings, hesaid, has inspired him with the be-

lief that justice is intended towardHawaii.

Spreckels Talks Sugar Famine."Talking about the trust corner-

ing sugar forariEeis all nonsence,"said Claus Spreckels yesterday."The famine is not due to the sugarpeople. The truth is that the paniccaught the jobbers short of stocksand Bhort of money. They did nothuy stock enough to supply the de-

mand. I suppose the famine isabout over now. I had 100,000barrels of sugar six weeks ago,which is reduced now to 45,000barrels, iloney has got a littlemore plentiful and jobbers havebeen enabled to buy a little morestock. That is all there is in thesugar famine." Chicago Tribune,October 8.

The following were elected offi-

cers of the Kohala Sugar Co. forthe ensuing year: President, S.C. Allen i vice-preside- M. P.Robinson ; treasurer, J. B. Ather-to- n;

secretary, W. A. Bowen;auditor, C. 31. Cooke

WHARF AND WAVE.

Captain Kaluhikai the expertnative diver was engaged last weekto revover th lost rudder and rudde-

r-post of the S. S. Miowera. Therudder and the post were lying nearthe stern of the steamer where theyfell off some three weeks ago. Ka-

luhikai dove and tied ropes aroundthem and the steamer's wincheshoisted them on board.

The American yacht Tolna, Cap-tain Countess Festetics, arrivedWednesday from San Francisco, fif-

teen days out. She was moored inthe stream, oil the 0. R. it L. Co.'swharf. She is a fine looking fore-and-a- ft

schooner of 7S tons regis-ter. Her owners claim her to be avery fast sailer. After remainingat this port for several weeks, theTolna will contiue her cruise toTahiti, and perhaps Australia andJapan. The count and countessexpect to reach their home in Aus-tria in 1S95. The Tolna arrivedoff Hilo, Hawaii, last Saturdaynight, and as soon as the captainsighted the lights on shore he kepthis yacht outside. There was aheavy fog over the land at the timeand the mountain peaks weredimly seen from where they were.The yacht kept on until next dayfound her off the east side of Maui.Heavy weather set in, the searushing madly over and aroundthe schooner. Almost everythingmoveable on deck was washedoverboard. A small boat securelyfastened in front of the foremastwas one of the valuables carriedaway by the sea. The count thenturned the vessel back and camearound on the leeward side of theisland, passing between Maui andKahoolawe. Last Tuesday, theTolna made Koolau. She thensailed along that coast and cameto Honolulu by way of Waialuaand Waianae. The count saidthat his chronometer was a littleout. He will have that instru-ment corrected here before leaving.

The residents of Hana, Maui,were much surprised on the morn-ing of the ISth inst., when thesteamer Claudine entered that har-bor flying the American flag on theforemast, while bunting was dis-played from the mainmast. Ittranspired that Mr. Gjerdrum, thenew manager of the Hana planta-tion, was on board the steamer.

SAX FKAXCISCO ITEMS.

Arrivals Oct. 11th, bark Al-

bert, 22 days from Honolulu ; 15th,bark Alden Besse, 22 days fromHonolulu ; 17th, stmr. Australia, 6days 7 hours from Honolulu ; 18th,bktne. Irmgard, 15 days fromHonolulu.

Departures Oct. 10th, brigConsuelo for Kahului.

Projected Departures Oct.2Sth, stmr. Australia for Hono-

lulu; Nov. 21st, stmr. China forHonolulu, etc.; Dec. 19th, stmr.Oceanic for Honolulu, etc.; during November the bark Al-

bert, bark Alden Besse, bark C.D. Bryant, bktne. Irmgard andbrig J. D. Spreckels all for Hono-lulu; schr. Anna for Kahului;bgtne. Lurline Hilo.

Cleared Oct. 19th bark S. C.Allen lor Honolulu, to sail Oct.20th.

Port Townsend Oct. 14th ar-

rived schr. Alice Cooke from Ho-nolulu.

Port Blakely Oct. 14th ar-

rived bktne. Amelia from Hono-

lulu.Auckland Oct. 12th arrived

stmr. Alameda from Honolulu.Hongkong Sept. 16th sailed

German bark Galveston for Hono-

lulu.Port Gamble Oct. 10th sailed

bktne. Klikitat for Honolulu andpassed Tatoosh Oct. 13th.

Port Gamble Oct. 10th, thebark Enoch Talbot, coal laden forHonolulu is leaking, and is tempo-rarily repairing. Later repairedand passed Tatoosh Oct. 16th.

At Mare Island an extra largeforce of sailors and mechanics areengaged in removing the armamentfrom the cruiser Boston which, it isexpected, will be ready for goingout of commission by Saturdaynext. It was rumored in the navyyard this afternoon that one of theeight-inc- h rifles has been found de-

fective arid will be condemned.The armament which is being re-

moved is being stowed in the ordnance yard, where it will be thor-oughly inspected and overhauledbefore being put in commissionagain. S. F. Ex.

Preliminary Notice Light on Ste-phens Island, Western Entrance toCook Strait, New Zealand.

Makixe Department,Wellington, N. Z., Aug. 18, 1693.

Notice is hereby given that aboutthe month of January, 1891, a lightwill be exhibited from a lighthousenow being constructed at the north-ern end of Stephens Island, westernentrance to Cook strait. The lightwill be a first-ord- group flashingwhite light, showing two flashes inquick succession every half minute,and will be elevated about COO feetabove the level of the sea. Furtherparticulars, together with the date oflighting, will be given in a future no-tice. P. A. Buckley.

fS. F. Commercial News.

CHIEF JVSTICE IDE.

He Spent the Day Ashore, andWas Delighted With Honolulu.

The Hon. Henry C. Ide the newchief justice of Samoa, was a pas- -

CHIEF JJJiTlCEJDE.

senger on the Mariposa, en ronte tohis Apia home. He spent the dayashore, and both he and hisdaughters expressed themselves asdelighted with the climate andscenery of Honolulu.

In the morning Mr. Ide, accom-panied by his three daughters andWilliam L. Chambers, of theSamoan land commissioners, droveup to the Pali. In the afternoonthe Misses Ide drove out to Wai-ki- ki

with the Count and CountessFestetics. Mr. Ide with ChiefJustice Judd, attended the gardenparty given bv Mrs. PresidentDole.

Mr. Ide was in Samoa two yearsago as a member of the land com-missioners, so he does not go to hisnew duties in ignorance of thecountry and its inhabitants. Hesucceeds Judge Cedarkranz in theposition of chief justice.

m

' A Distinguished Visitor.

Le Comte de Douville Maille-fe- n,

who was a through passengeron the Mariposa, is en route to theFrench colony of New Caledonia,which has recently been connectedby cable with Australia, and thusbrought within the internationaltelegraph circle. The count is amember of the French house ofdeputies, and his present visit ison some official business with theabove colony. He is much inter-ested in aiding the completion ofthe Pacific cable connecting Aus-

tralia with America, and thinks,that it will be completed withinthe next twelve months. It is thepresent plan of the cable companyto make the American terminus onVancouver island; but he saysthat if the San Francisco mer-chants will rouse themselves toassist in the work, its terminuscan be diverted to San Francisco,and he believes that the stock willthen be much more valuable thanif it were landed on Vancouver.

JOHN

IF. mm

Jeweler!

Manufacturer andrlmporler

Fine watches,

DIAMONDS,

CLOCKS,

SILVERWARE

99 Fort St.

HONOIiULIL HT.II.

P. 0. Box ,342.

BOOK-BINDIN- G.

Have YourMusic covered;Shabby Books made to look new ;Library lettered with yoar name ;Hymn Book, Pocket Book,Card Case, etc. lettered.

HAWAIIAN GAZETTE COMPANY

NOTT,--IM'FORXISK SL.VTD PKATiKB IN--

Steel and Iron Ranges, Stoves and Fixtures,HOUSKKPDia GOODS AHD KTTCHB? UTBHSILS,

AGATE WARE IN GREAT VARIETY.White, Gray and Silver-plate- d

RUBBER HOSE !LIFT AND FORCE PUMPS, WATEB CL08ET8, METALS,

Pioneers Stock, Water and Soil Pipes.

Plumbing. Tin. Copper and Sheet Iron Work

5IMOKD BLOOE, S5 aad 87 SING STBBBX

m,4

i

1

V

rOKKIGX 3XAIX. SEKT1CE.

Steaxasbtffa wSl ITe Jar and arrive from

Sar Francisco, on the foOcwins: dates. tHI

the dose eflSSS.

Lxatx HcsoiCirr Dcx at EasoLrtcTOS SA3FXi3C3SCO I F- - Si3 FXASCSCO.

ts-- . mv farVaa- - Mariposa uci.iiceemtr Xot. 1 AnstraMa Xot.4

Gaca.. ..Xot. 6 Mosowsi .. Xot. 23

Astrahi X0T.11 "WarnrsooJroraVaa- -Alameda .Xot.K coeTer....-So- T. 25

MJowera. foe Yan-- Ctuaa.. . Xov. 27

ctk ....Dc.2 Australia . ..Dee 2Oceanac . .Dec 1 Alameda .Dec. 21Aastraia-MazsfOis- a. .Dec 9 Miowera, front Van- -

Dec-1- 4 cocTer . ..Dec 23

"Warns, tor "V aa-- Oceanic ..Dec25ceeTer Jan.1 Australia Dec. 30

CSrr Peking. .Jan. 2 "VYarrimooreraVaa- -Aastralki Jaa-- S cocTer Jan. 23

Xtoroloslc&l Keeord.

ax tsx crxaxxxxr SC3TXT. rraxrsaxn

xrnx es3xr.

u m I

HLLIEssJSS3BJ43B.r z

3Uijaisa).xS M 7 K-.- . x--

smjh 31ax

5Jt mi a nypesLis3si ill Jtti rj31

.H9C.

r. r' u X1 I

i? ;- z

la ?-- E. lJS..,a-S- E.

SlsaJWiir S- - 3v3 ..! 2 J!TWJWJ80JB 4JS9J 2 5J:ti J.tl -- 2- fill a ... T.1S. 5S I. t"-- "- i i

3J3 1.J3gi t ij :. a sj --. m . 51 S.SB

LutisuteraC ti ai s. tie H5t.it t.HB-p.-n.

ScotetittM.TrilciI tiiilSHTPP156 15TEIXIGE3CS.

AKKITAM.is.T.Oct.23.

Jap Mr MSt Mare. T&eQpeoe. Yoto-T- gl

TffKAT. 0. 2LScbr Ea&c&MB irtws Kkl

W25SB4.T. Oct. 25.

Amvockt Ta, Tfa. IS &T3 fromSit

Sour Pete. Petersen, boat fiscal.Star J A Cwbwbk. Xefea, from Koo-ia- x.

Sehr i fras Kta.Th3it, Oct. as.

Sefcr K M for PaaaOo.FsniiT. Oct 27.

IMS S Harmon. Harvard. from San

IroK circuil ofOabft.

Staf V6EaB.SioMrsoa. frm HansaaiXaai.

csrC K Bfcfcop. Le Cfaaie. ftom Waia- -

Br 3U6u3ic6resoc.fco Mototai.Soar Jiw Mas. Hactand. from

SCKM.T. OCt. 29.Sbu-Iws1b- . Fruii in. trout SLaaai.Statr WiiiWulir. Sarcbe. from Himl--

Scatr Claodine. DcTief . frem Kaoi.ttmr Kaala. Gahan. from Waiaue.Soar J A Cummins. "eilson. trom Soo-b-a.

bt Xatilda. SteTensoo. 30 days from2iaaaimo. B C.

At cnr C S Boise?. Johnson. 23 davsfrc Port Towaseod.

DEPAETCBES

Xoat. Oet-- S.

Sear XfcoUL McGregor, for JtoloiaiaarfLanai.

Tsit. 0t. 24.

Brbt OiMty Ke.-aoott-h, Parry, forAstOCTB.Ore.

Ass tern Era. KWtgaard. for San rran- -seo,-ro- t jiaseam.Star J A ComauB. 'eflson. for .&.00- -

lacStmraala. Gafean. for eircmt of Oahn.Socr Waiaieale. imydK. for TAhnhm and

H.Scsr iTalam. Freea. for Kanoi.Star J amM- - Hakee. Hagtead- - for Hana-aanl- a.

Kapaa. KSakea sad Haaaki.Statr ClaWiae. BaTis. for 3tasLStmr Kims. Clarte. for Manx and Ha-ira- fi.

SckrXahimakifacWaaalaa.Sekr Me Xarrk tec Hoomui.Shr S3ii ami Efiia. for KooJitL.

TVnrauT, Oct. ar

Kaeftcaafi Jar Waaaaae.Tecsat. Oct. 35.

Stmr C E Bohop. he Claire, foe "Wait-na- e.

FaiBa.Y,0t.27.KXSS Miripwa. HavTnrd. for Cote-tae- s.

SATC3Ai.T. Oct. 25.Am btt S " Casde. HdMnrd, far Saa

Praaeece.Strar Pete, Petersen, for Haiatrefi.Star Kaala. Gahan, Jer Waiaaae.Soar Ea Mat for PaacBo.

TXSSEU US POET.CRii lilt dees set ecutan.i

2TJLTAI. Txanxs.USPS PhHadelpfcia, Barker. CaOao.(JEi Adams, 2dsac.froci Lahafna.

XXSTSaSZXXS.

Eit bt Andrev Weich. Drew. San Fran.CASS itiffx-era- . ttou. Sydney.Ger bt J C Pfleger. 'Woiters. Bremen.Azs senr Transit. Jorgeases. Sas Fraa.Am schjlobert Lcsrerj, Goodman, P't T'd.Am scfcr Aleha. Dabel, San Fran.For bt BeacoBeSd. ButianieBreTcastieHa bt E P Eithet. Mormon. San Fran.Am brgtWG Irwin. Williams. San Fran.Jap S S Moke Mam. Thompoa.TotcofcamaAm Taeht Toina. Tcina. San Fraocisco.

t- -t tt MatSda. SteTenson. Kanaitao B C.Am sen S C Holmes. Johnson. Pt Toro"L

TOBUGS THSKIS EZFZCTZO.Tut til.

AmScarAUenA tsreta ..OerSOAm scar Gltndale. Eareia .Oct 20

ttt scbr Asna. SF(Kah) .Oct 23An bt Vrtha Davis 5stoB..!)ec 3GerbkKantftcs.. . - .lirerseat Dec 2M3BrtaVHfata L'poat Jac5-1- 7

ArabkSCAues SF . ...3st5As brgt Conscek) SP(Kab) KorSAs brgt Lnifine. . .SF(H3o) Sot 15

Act bt Klitjat PtToTVad SorlO

tt0ttWfr

CASS Wammoo . . Colonies Xor 1

X S S Charleston Brazil. . orAmbfrSJDSprtckrfs SF Not 19

OSSAnsiraha --SF.. Nor 4

PMSSCbina SF .Xot 27O A O S S Oceanic --SF. DeeSS31 Hackfetd (sM Sept 25V.Lool Dec 251Sohr Halealala F'nnins's Id Xor 15

Am bki Wrestler.. .x. s. w Oct 29Br bi Dak Argyle X.S. W. XorlPMSS China .China.., ..Xot 6K MS S Alameda.. .Colonies Xor 16KMSSMonowai . . ..SF . .. .Xor 25

Aabk Albert .SF . Xor2SAmbkAHenBesse SF XOT IS

Am bkCD Bryant. SF . . XorSTAm bit Irmgard . S F XorSSAm bk Enoch Talbot. . Ft Gambe..Xor 14

tier biGalvw ion. . Hongkong Sot 7--

Am bit Planter t SF Xor 15Am bit Discorerr SF . XorSSAm bkt Amelia . .. .PtBlakety..Dcl5Amschr ABce Cooie .Pt Blakelr. Dec 25

PASSENGKKS.

From San Francisco, per br?ta "V GInrin. Oct 22 AY I Tobin. J no Goodie.VTraGoadie.E Koss. C F Lane and J CWest.

From Yokohama, per Jap S S iliikeMam. Oct 23 Dr Koiaai and bride. MrSade aad ehBd. Y SbJna, and 22 m thesteerage, and 1642 Japanese immigrants1311 menad 331 women.

From Saaai. per stmr Pele. Oct 25Mrs Biacistcck.

Frtsa San Francisco, per R M S S Mari-posa. Oct 27 Eer K X Baptist. Mrs CaptBerrx. E J Borraan. wife and 2 children,Miss'Annie Foster. J J Foster. K K Foster,Jndee Wm Foster. A Fries. Mrs W P Gar-n- tt

and chad. T E Gtteon and wife, W VGooiale. Mrs Geo E Henaee. Mbs AdelineHendee, Mb? E Hendee. ilts Lynch,Loacee Bros, P McXane. Capt Metcalfe.Drl Mori,"VV S "fcoU. Miss Ethel Eke,Dr W M Taylor. Mrs Henry Tilestoa,Clareace Warner. Mrs M E amer, E AWiafams, H M Whitaev. Miss Ada K"Whitney. Master W L Vhitney, MasterLyons ; and 46 cabin in transit to Apia.Auckland and Sydney.

From Mam and Hawaii, per stmr "W GHaH.Oet27- -J F Morgan, C W Ashford.A A Lindsay. Jr. and 50 on deck.

From Molokai. per stmr Mokoiii. Oct 25F Armstrong. Mrs D McCorriston. and

10 oc deck.Froai Pn?et Soend, per schr C S Holmes

Oct 2-- W Goodale.From Maoi, per stmr Ciacdine. Oct 29

F M. Hatch, V J Lowrie, MLooison.F"Wcadenberg. J D Marhn. A Yocns. F SDodze.Mrlibbv, W Scott. H WM Mist.WH Wilkinson, W T Eobinson. and 49on deck.

From Kanai. per stmr Iwalani. Oct 29W H Eice. Miss Bice, Eer H Isenberg, MrWbiters, H H Wilcox, Mrs Koro, J Kapora,Miss E Smith. E Catton, Ctoq Hamm,Father Valentine, and 50 on deck.

From Haraakca, per stmr Waialeale.Oct 29 Jaraes E Eenton, E Calleadar, and11 on deck.

BKASXITKES.

For Motekai. per stmr MokoUi. Oct 23FHHavselden, Miss Bertha Mever. MrsC LocaMrs H MeTer.Miss Bella Valker,ECL Perkins, and'-l- on deck.

For Hilo. T.nhiin.i, etc. per stmr Einan,Oct2l Miss HaU,Mrs Dr J Wieht.MissWfeht. C W Macfariane, Mr Moore, EWifheiBt. K Ognra. Wm Libbey. Jr. LAsen. Mrs Spencer. W G Walker, E RHeoory, and w on decs:

For Hamafcua. per star Waialeale, Oct24 Mr Koch.

For Kanai, per stmr Iwalani. Oct 24A Cropp and wife. F Safer, Miss Johnson.Capt H W Mist. Father Valentine. Dr J KSmith Boot Catton. W H Mclnemr. CVoo Hamm . Mrs J Kakina . and 35 oa deck.

For Mani pr stmr Cl&ndine. Oct 24F X Hatch, Mi3 E Wodehocse, J J Wd-Bam- s.

Fred Wnndenberp, C W Ashford, MYonnp. Mr Dodge, Father Theodore, and3 on deck.

For the Colonies, per K M S S Mariposa,Oct27 J L Brown. M A Brown. Mrs J LBrown. Prof W T Brighazs. 2 in the steer-age, and 44 salcoa passengers in transit.

For Koolac. per stmr J A Cummins. Oct25 Fred Whitney, C Grant, Capt WiBiamThompson. F Brown.

MFOKTS.Per stmr Mariposa 268 cs apples. 1 cs

coin ($2SXCO).53 cs dry goods. 36 cs grapes.lScsmdse. 17 cs pears. 36 pkes wreckinggear. 20 cs beer, 13 cs cigars, in cs drags,16S cs haodware, 39 cs onions, 103 cs sta-tionery, 50 cs B i S, 42 cs cotton goods. 216cs groceries. 4 cs hats, 65 ca potatoes, 64 cstobacco; total, 173 tons.

EIPOKTS.For San Francisco, per bkt S X Castle,

Oct 27 Sing,Ccong & Co,23bs rice;Hyman Bros, 1200 bags rice: M PhillipsCo.600 bags rice, M S Grimbaom & Co,330i) bags nee; FF Porter. 120 sts bonesand boras, domestic nine, 532,115.

BOEX.GALT In Seattle, Washington. Septem-

ber 22, liSS, to the wife of J. E. Gait, ofthe rirm. of Gait. Bros. A Co.. a son.

JIAItKIED.SPOOE-DAL- E At Franklin. Penn..Octo-fe-r

3. 1SSS, H. E. Spoor, of Bedlands,CaL. to Lomsa Flora Dale.

DIED.JOHXSOS" In Petaloma.Cal.. on the 10th

of October, Bella, wife of Henry Johnson,aced aboct SO years, and a natiVe of theseislands.

XTHABF AXD WAVE.

The new American four-maste- d

schooner C. S. Holmes, Captain J.Johnson, arrived Sunday morning,twenty-thre- e days from PortTownsend, bringing 600,000 feet oflumber for Allen fc Bobdnson. Thecaptain said that he had roughweather during the first week out,but thence had light 5". E. trades.The Holmes is a rew schooner,being launched from the ship-bmldi- ng

yard of the Hall Bros.,Port Blakely, "Wash., on August26th last, and this is ber first voy-age. Her dimensions are : Lengthover all, 175 feet ; beam, 37 feet ;and depth 11 feet ; tonnage, 409tons register. The Holmes is builtfor the lumber trade between PugetSound and southern ports along thePacific coast, sach as San Pedro,Santa Barbara, etc. The captain iaaccompanied by his wife on thisvoyage.

The American bark Matilda,Captain 0. Swenson, was dockedat the Mail wharf oa Sunday with1300 tons of Departure bay coal forAllen & Robinson. She came downin thirty days and reported havinghad quite heavy gales during the

first week after leaving Kanaimo,B.C.. thence had fine weather forweeks. During last Saturday theMatilda camo" across a school ofsharks in the channel oetweenMolokai and this island. The crewsucceeded in killing ten sharks,several of them being over ten feet

long. They were of the man-eate- r

variety. All except one were thrownoverboard again after the fins were

cut off. The crew were greatlysurprised yesterday when informedthat a ten-fo- ot shark, if sold toChinese and Japanese at the fishmarket, would bring ten or fifteendollars. They now wish they hadsaved the sharks instead of throw-ing them overboard as they did.

James Brook, a young man of thisplace, was taken seriously ill withcholera morbus and thought to be belvond relief. We sent him a sraal-bott- le

of Chamberlain's Colic, Choleraand Diarrhoea Pemedjywhich pronipt-I- v

cured him. He S3vs he believes netlrould have died, had it not been forthis remedv. Paklev & Slaole,Goffton, Putnam Co., Tenn. For salebv all medicine dealers.

BEXSon, Sxith & Co.,Agents for H. I.

BTAUTHOEITYj

TAXES OF 1893. J

I

I

TAX COLLECTORS NOTICE.

The Tax Payers of the Islands of Kanaiand Xiihan are hereby notined that theDeputy Tax Collectors will b at the placeshereiaaf Ur named, on the dates siren, forthe purpose of collecting taxes:

WAIMEA. DISTKICT.

Hanacepe, Xot. 3, from 10 AJi. to 4 pji." - " 4 "Kekaha, 6, 10

MakaweU, H.S. Co. Office, Dec 10, from10 AJf. to 4 pju.

Island of Xiihac Xoccpapa, Xot. 24. from10 juk. to 4 t.

TH.BKAXDT,Dapcty Assessor Waimea and Xiihaa.

KOLOA DISTRICT.

Eleele, Not. 2. from 10 aJt. to 4 pji.Wahiawa," 3. " 10 " " 4Lawai, 4, " 10 " " 4 "

A.K.inEA,Depcty Assessor Koloa.

LTflCE DISTRICT.

Haiku and Kips, Xot. 3, from 10 aju. to 4 pot.Hanamanla. ' 4, " 10 " 4 "WaUuaKai, " G. " 10 " "4"

J.B.HAXAIKE,Deputy Assessor Lihne.

EAWAIHAU DISTKICT.

Molooa and Papaa, Xot. 3, from 10 lr. to4p.ii.

Aliamanu and Anahola, Xor..from to 10

K.V. tO 4 FJI.Kealia and Kapaa, Xot. 6, from 10 a.m. to

4pjt.S.KAIC,

Deputy Assessor Kawaihac.

HaXALEI DISTRICT.

Kilacea,XoT.llandl3, fromlOat.to 4pjiWainiha, " S " 10 " " 4 "Eikicla, "9 " 10 " : 4 "

W.E.DFA'EEILL,Depaty Assessor Hanalei.

On all othsr days, Sundays excepted, toDecember 13th, the Collectors will be attheir respectire offices frota 9 aji. to i pjl.The law requires that all suras ovr lO.CO

be paid in gold, and that 10 per cent.beadded to all taxes paid later than Decem-ber IS.

J. K. FARLEY,1338-- 2 Assessor, Fourth Dirision.

Sale of Lease of the Kemnantsof the Government Lands ofPuuepa 2nd and Iiokoiki,Kohala, Hawaii.

On WEDXESDAY, XoTember 23, 1603, at12 o'clock noon, at the front entrance of theExecutive Buildinz, will be sold at publicauction the lease of the remnants of theGoTemznent land3 of Puuepa 2 and Kokoiki,Kohala, Hawaii, containing an area of 3S0acres, a little more or less.

Term : Lease for 10 years.Upset price 75 per annum, payable semi-

annually in adrance.J. A. ETXG,

Minister of the Interior.Interior OEce, Oct. 24, 1533;

1503-- 3t

W. VOX GBAVEMEYEB. Esq., has thisday been appointed a member of the EoadBoard for the Taxation District of Hana,Maui, for the unexpired tarm made vacantby the resignation of D. Center.

3. A. KIXG,Minister of the Interior.

Interior OSee, Oct. 23, 1S33.13&2t

TflPLAfflAlNfflAGiS

AND

OWNEBS OF LITE STOCK!

Just received Ex late arrivalsfrom Bremen large consignment of

KOCK SALT,especiallj-- adapted for Livestock,and which can be had in quantitiesto suit at extremely low prices.

UNION FEED CO. ID.1503-4- -

hrfiiirniifcn-Tifiailr- if

SJcro Slifticrtiscnirnta.

NOTICE.VTOT1CE is HEREBY GIVEN1 taittaaTUnrorthKl?KAIACFLAN-TAT10- X

CO. atkt nHoaoluJa. ca the aa drof October. 1S3J, tac followltc cOcen wtreelfcted:

PrMiUeat 1. M. noratr.A. Uoracr.

Tmsswr --J. F.lHekfekt.Aaditor.. .. ............ ...,11. T. (ttade.SertrT........ ....... .....Ed Sshr.IW3-- 4 ED. SUHK. Secretary.

Notice to Creditors.

TILE UNDERSIGNED HA1ba appointed Kiecator wlta toe Will

arneaea or tae .Estate or C. ton HENUEKSEN.lieceised. Ute of Kakclhitle. UaraUai. lUwalt,rtqaests all part! tadtbted to tae abore Estateto raake lranedlate prjraent, and aea persoasat aare claliaa arala$t tae ume.topxeteat taerawlta proper Toccaers.tr any eilstwhetaer secar-e-d

bT mortise or otntrwUe. to tae nadersljatdtor settlement witala tx months frora date, orthey will be torrrer barred. -

F. A. SCI1AEFEK.KitCKtor with tae Will aaaeaed of

the late CToaJIeasersea.Hocolala. October S5d.lJ.ti. 1508

Election of Officers.

AT THE ANNUAIi MEETINGof the WAILUKT SUGAK CO held at

tae oSce of CBrewer J: Co. (Ltd) tbt day. thefnUowlajt were elected to seree oHcers of theWalluka Sasar Co. ltoreuid for the easaln;jear.Tli:

SanI C.Allen . President.Jos. O.Carter Vice President.Georze II. Kobertsoa Treascrer.Matt P. Koblcson .... Aaditor.E.F. Bishop . ... Secretary.The above named also :eiTtns u a Hoard of

Directors of the Coapaay.E. F. BISHOP.

Secretair Waliaka SsrarCo.lloaolala, Oct. Hth. 1SJ3. lWt

Election or Officers.A T TUEivNNL"A13rEETlNG

J3. of Stockholder! of the PAUKAA SUGARPOUPANV th foltawlBtr n,Nniv,rv Uflo2cers for the eniains year:

osepati.dtaertoa . iresuicni.E.Oscar WhiteArtharC. Lorekin - Treasurer.Joseph O. Carter.... Secretary.Peter C.Joaes .... ....Aaditor.

J. a CARTER.Sec. Pistia Sanr Co.

HocolnlB, Oct.2th.lS. 151B--4

Mortgagee's Notice of Intentionto Foreclose and of Sale.

TN ACCORDANCE "WlTirTHEX. proTisIons of that certain mortjrafe madeby PETER KAWAIKU and KAAlLUlilAhis wife, dated April 10th. ISS0, to aad la farorof Chas. R. Bishop In trust for Rebecca Panee.recorded Is the Register OSce. Oahu, in Liber01, p&re S3; notice ia hereby siren that eaidraortzuee intends to foreclose the same for con-

dition broken, the of prin-cipal and interest when dae.

Notice is likewise siren that after the expira-tion of three weeks from this date the propertyeoYered by said mortise will be advertised forsale at public auction aad will be offered fortale at tae auction room of Ja. Ho-nolulu, on WEDXESDAY, the Sad day otJforember. tSSJ. at 12 o'clock nooa of that day.

For farther particulate apply toJ. ALFRED M AGOOX. or to

CHAS.R.BI3IIOP,Trustee for Rebecca K. Panee.

Dated Honolulu. Oct. iiith. 153!.The premises covered by said mortjra je are as

follows:Alt the lands described la Royal Patent SS&I.

Culeaaa 3407, containing an area of 21 5 acres.situate at ilaiulaa and foopco, Bana, Maul.

I333- -I

Mortgagee's Notice of Intentionto Foreclose and of Sale.

TX ACCORDANCE TTH THE--L provisions ot that certain mortgage madeby TAMPAU SHIN to and la favor of J. AlfredMaxin. trustee for J. S. Emerson, dated 3IarchI5Ut, 1SS9. and recorded la the Register Oface,Oaha, in Liber lit, on paes 3J4 and K5. noticeIs hereby sivea that said mortgagee iateads toforeclose the same for condition broken, to wit.the of principal aad interest when2ae.

Notice is likewise ;ivea that after the expira-tion of three weeks from this date the propertycovered by said morfcra;e will be advertised forsale at public auction at the auction room ofJas. F. jloran, Honolulu, aad will be sold oaWednesday, thendday or November, l;93, atli o'clock noon of that day.

For farther particulars apply toJ. ALFRED MAGOON,

Trustee for J. S. Emerson, mortgagee.Dated Honolulu. October 25th. 1393.

The premises covered by said mortjare are asfallows:

One undivided half interest or moiety in thatpiece or parcel of land situate at Waikikl Waeua,Honolulu. Oaha, described as Apaua 2 in Royalriteat 314. containing Z60) square feet, andbetas: the same premises that were conveyed tosaid Tarn Po Shin or Tarn Paa shin by C. Aleeby deed dated December 13th. 1537, recorded iathe Register OSce, Oaha. Ia Liber 105, pare 3SJ.

1MH-- U

Mortgagee's Notice of Intentionto Foreclose and of Sale.

NOTICE IS HEREBT GITENto a power of sale con-

tained in a certain mortgage bearing date the 7thday of February. A. D. 1S31, made by PELE

aad SAMUEL KU, her husband, of Ho-nolulu, to Bishop i Co., of said Honolulu, ofrecord in theoSceof the Registrar or CouTey-aace-s,

ia liber 122, oa paea 74, 73 and 76, aad forue ureaca oi couauions in eata mortgage deedcontained, to wit: of principal andInterest when dae, the cortcagee intends to fore-close the said mortgage.

Notice Is also hereby given that all the landaid property described in the said rnortea;e willbe sold at public auction at the auction rnnm. nfJames F. Morgia, on WEDNESDAY, NovemberSad. A.D. 1593. at 12 o'clock noon.

The property to be sold Is described as follows :First. AH of the premises described In Royal

Piteat 2G9. containing 0 acrts, situated iaMoaaalaa. islaad of Oahn, aad conrejed to saidPele Kamuela by deed of Kanewahiae, datedJuly 16. lSe7. aad recorded la liber 1(M, page 232.

fctcoad. A part of the premises described InEoyal Pateat 3JT3, situated la said Moaaalna. aadcoaveyed to said Pele Kamuela by the deedaboTementioned, and described in a deed by Kilitinoto Kanewahlne, dated April II, 1577, aad record-ed in liber SO, piges 110-1- 1 1.

Third. As nndlrided third of the premisesdeerfbed In said Royal Patent 2175.

Purchase price payable in U. b. Gold Cola.Conrejacces at purchaser's expease.

Farther particulars can be had of Carter 4Carter.Dated Hoaolala. October 15. lsXL

BISHOP CO.By their Attorneys,

150S4 Caarrs 4 Caktxe.

Mortgagee's Notice of Fore-closure.

TX ACCORDANCE WITH TILEX. of a certain mortgage cade byKAHALEKOCof Keaahou, N. Kona. Hawaii,to H. N. Cattle, Trustee, dated 31th March, ISSo,recorded ia Liber S3, paje 254, aad duly assign-ed to T. B. Cnmmings ; notice is hereby giventhat the mortgagee intends to foreclose thesame for conditions croxea, to wit:

of principal aad Interest.Notice Is likewise given that after the expira-

tion of three weeks from the date of this notice,the property con7eyed by said mortgage will beadvertised for tale at public aaetioa, at theauction rooms of Jamea P. 3forzaa. In Hono-lulu, on MONDAY, the 30th day of NoTtraber,ln,U 12 coon ot tald day.

Further particular! caa be bad of William C.Aehl. Attorney at Law.

Dated Honolulu. October 21st. IsSrj.T.B.CtJMXrSGS,

Assigsee of the MortgageeThe premises coTered by said mortgage, r:

AH those premitea situated at Kola's. Hoco-Jol- a.

Oaha, aad Saown as Apana I. described inEoyal Patent . aumber 122S on Land CommissionAward, nnmber 3M to Kaxaae. containing anareaofUVlMof an acre: and conveyed to saidmortgigorby deed of KalHhaaU aid KaapHa-ka- i.

dated ilrd Acgast. US, and recorded inLiber IS. page Ml. 1KMJ

Home-mad- e cake, mayonaisedressing and Parker house rollscan be had made to order at 116Beretania street

cgal 3lnrrll3fmtnt3.

TN THE CIRCUIT COURT OFt. thFtrt Circuit of the HaialUn llnd.la probate, la the matter of the etuto ofJAMES E.BICKNKLL, late of lloaolala. Oaha,deceased. testate.

Oa readisc and alias the petltos of Ellen it.Bickntll. exreatrix ot Uo will of ald testate,prajlas that a aoal order nay be made ot dis-tribution of the property retualalnc In herhaeds to th pertoss thereto entitled, and

her aad her iaretles frora all (urtaerresponsibility as snea rxtcatrlx.

It Is ordered that KR1DAT. the 1st day ofDKC.vMIiElt.lS33, at 10 o'clock a. at Cham-bers, la the Court House at Uoaolaln. be andthe sarae hereby Is appointed at the time andplace tor heartns said petition, aad that allpersons interested mar then and taeroapptarandihowcaase.tf any they haTt. why the sameshould not be mated, and raay present exldenccas to who are entitled to the said propertr.

Dated at lloaolala this SSut day ot October.1SSJ.

EytheCoart:GEO. LUCAS.

Dernitr Clerk.1U

THE CIBCU1T COURT OFJ lie First Circuit. Hawaiian Islands. In tarmatter ot the Estate ot MARIANO CAUACIIC-- ,or Honolulu, uaaa, deceased. Intestate.

On reading and CUn; the petition of J. A.Majroon, Admlalstratoror said estate, praylnsforaa order ot sale of certain real estate beloaz-ln- s

to tho latestate situate la Eapasbl. saidlloaolala. between Port aad Emma streets,

K.P.1.L.C A.ISSe, conrejedto deceased by deed recorded InUbcrU, pase2S, and setting forth certain leal reasons nhysuch estate should bo sold, t: tae

of debts.It Is hereby ordered, that all persons interest-

ed In the said estate, appear before this Courtoa MONDAY, the STthdaycf Xorember. 1S33,at 10 o'clock A.M.. at. the Court Room or thisCourt, in lloaolala, thea aad there to showcaase why an order should not bo granted forthe sale of such estate:

Dated October SU JSSS.BytheConrt: t. '. Ll'lAS.

Depaty Clerk Circuit Court of the First1W&3 Circuit.

cn:curr court opthe Ilawailau Islands In rrobate. In the

matter of the Estate ot .MRS. ELIZABETHSINCLAIR, late ot MakaweU, Kasal, deceased.At Chambers, before the Circuit Jcdji'.

On reading and fillnjr the petition and account.ot Francis Uay, executor ot the will ot Mrs. Sin-clair, late of MakaweU. Kanai. deceased, whereinhe asks to be allowed $a,lXl(X. aad charts him- -seiiwnnsp.uu.iu.ana asks that tae same maybe Examined aad approved.and that a anal ordermay oe maae. ana ancnarstas aim ana nis sure-ties from all farther responsibility as sach.

It Is ordered that THURSDAY, the 7th day ofDecember. A. D. 1S93, at tea o'clock A JI beforethe said Justice, at Chambers, in the CourtHouse at Koloa, be aad the same Is hereby ap-pointed as the lime and place for hearinc saidpetition and accounts, and that all persons Inter-ested may then and then appearand show cause,it any they have, why the same should not begranted. And that this order. In the Enzllshand Hawaiian languages, rerpettively be pub-lished in the Hawaiian Gazette and Kuocoa,newspapers printed and published In Honolulu,for thre successive weeks, the last publicationto be at least two weeks before said hearing.

Dated at Koloa, H. I- -, this 14th day or October,A. D. 1S33- - JACOB HARDY.J5tK-3- t Circuit Judse Fifth Circuit.

CIRCUIT COURT, SECONDthe Hawaiian Islands. In Pro-

bate. In the Estate of CllONU SHONU aliasSAM LEE of ilaVawjo, Maul, deceased. Intes-tate.

On reading and rlltn the petition bf L. A.IsiiImkfi nf f t n llanlni tVat mSnnfShong alias Sara Lee of Mak&wao, Maui, diedintestate at Jiatawio. oa thelutn day ox f.A. D. 1333, aad praying that Letters ot Aministration Issue to him:

It is ordered that MONDAY, the 20th dayofNovember, A. D. 152, be aad hereby is appoint-ed for hearing said petition before the saidJustice, ia the Coart Room or this Court, atWailuku. at which time aad place all personsconcerned may appear and show cause. If anythey have, why said petition should not begranted.

Dated Wailuku, Mani. II. I Oct.. A. D. 1533.BytheConrt:

GOODALE ARMSTRONG.I3E-- 3 Circuit Court. Second Circnlr.

P" THE CIRCUIT COURTof the First Circuit. In Probate. In the

Estate of PUILIP OPFERGELT, of Uonolalu,deceased, intestate.

On readiag and tiling the petition of Saldie C.Opfergelt, widow of Philip Opfergelt, allegingthat Philip Opfergelt. of Honolulu, died

at Stockton. Cal., on the 23rd day ofbeptember, A. D. 1S32, and praying that Lettersof Administration issae to Wm. F. Allen.

It is ordered that 3IONDAY, the 13th day ofNovember, A. D. 1S31, be aad hereby is appoint-- )

ed for hearing said petition before the said Jus-tice, ia the Coart Room ot this Court, at Hono-lulu, at which time and place all persons con-

cerned may appear and show cause, if any theyhare, why said petition should not be granted.

Dated Honolulu, II. I., Oct. 13th, A. D. ISM.BytheConrt:

P. WUXDENBERG,150I-3- t Deputy Clerk First Circuit Court.

THE CIRCUIT COURT,Second Circuit of the Hawaiian Islands. In

Probate. In the matter of the Estate ot JAMESFRANCIS MACKENZIE, late ot Hana, Maui,deceased. Before N. Kepoikal, Judge.

On reading and filing the petition and ac-counts of D. Center, administrator of the estateof James Francis Mackenzie. late of Haaa,Maai. deceased, whetein be asks to be allowed$S644.eO. and charges himself with SaIXl.8.1. andasks that the same may be examined'and ap-proved, and that a final order may be made ofdistribution ot the property remaining in hishands to the persons thereto entitled, and dis-charging him and his sureties from all furtherresponsibility u such.

It ia ordered, that MONDAY, the 20th day ofNovember. A. D. 1533, at 10 o'clock A.M.. beforethe said Justice, at the Court Hoase in Walluka,be and the same hereby Is appointed as the timeand place for hearing sach petition and accounts,and that all persons Interested may then andthere appearand show cause, if any they have,why the same should not be granted, and maypresent evidence as to who are entitled to thesaid orooertT.

Dated at Wailuku, H. L, thle lo:h day of Oc-tober. A. D. 1:33.

BytheConrt:GOODALE ARMSTRONG,

Cletk Circuit Court Second Circuit.1501

Notice of Foreclosure.

THE UNDERSIGNED, THE4 HAWAIIAN INVESTMENT

CO., Limited, a corporation, gives notice that Itintends to foreclose for condition broken to wit,

when dnc of the debt securedthereby, that certain mortgage deed given to 11

by Gilbert Waller, dated August 31st, 1633, of re-cord in the Hawaiian Registry of Deeds in Liber112, folios the debt secured by eald mort-gage being a promissory note forS12AO), payablein three years from the date of eald mortgage;aad that it will oScr for sale at the auction roomsof Jamea F. Morgan la Honolulu, on MONDAY.November 13th, ls33,at 12 o'clock nooa, all ofthe premises covered by said mortga-- e.

The property covered bv tald mortgage It altn-ate- dat Kallhl, Oahn, is described at follows :

AII of those parcels of land described Indeed of Joseph prckfordto said Gilbert Waller,dated April 10th, 13. 1, of record In the nawailanRegistry of Deeds in Liber S3, fohoa 22-2- com-prising of an acre, described la RoyalPatent 32S3 and .JJI acres described by metesand bounds in eald deed

o' that tract of land conveyed to taldGilbert Waller bydecd of W. datedNovember 8th. 1376. or record in said Registry ofDeedt in Liber 4,fo!os comprislag 21a. 0 q"fe roods, described in RoyalPatent e&li.

TjAi,r ,hl' !" of '"d conveyed to saidWallerbydeedor J. Mctt smith. Ministerof the Interior, dated October 23rd. 1577, of

Id KjrfT of Deeds in Liber 52, foliotcomprising a acres, and being a por-

tion of the premises described in Eoyal Patent

ht tract of land conveyed to taldGilbert Wall by deed of Emma Metcalf Beck-le- y,

datedXay nth, lBak of record in said Regis-try of Deeds fa Liberie?, foliot 5333, comprli- -J.n86.?er"'dMOTfca,nld Commission

5 And aloall of the bnildlngt. ttroctaret.iasroTementt. engines, boiler, ratt and ma-chinery of erery character and description form-tog- a

part of the Brewery of said Gilbert Wallersituated upon the above mentioned premises,and all of thesame connected with laid eremiteswheth wed with tald Brewery or otherwise.

Terms Cash. Deed, at expease of purchasers.THE WESTERN & HAWAIIAN

INVESTMENT CO.. Limited.By its attorney In fact. W. W. Man.

150M; g

Daily Advertiser 50c. per month.

SpttinI JTatlrtfl.

"WILDER'SSTEAMSHIP CO.'S

.

AiS6fe

TIME TABLE

SHE. K1NAU,

Will tam Honolulu ot 2 o'clock F Alt.J toachlnc at Lahainn. Moalaoa Bay amijMakcna tho s.tmoday; Mohukona, KawaNJ ha and Lnupahhoe tho foUowiaK dity.I nrrirlnf nt Hiln nt mMMoht

1

.Oct. 24,XoT. 3.. " 14. 24.Dec. S i

" 15 j. " S6 .

.Jan. S. " 1C. " 2C

UiTXS nONOtULU.

jt?riuajra !

JL ucSun jXi nuyM

u6$C2Ay Irmay

Xocsuayx riuay, ,

AU6SUAys. aaRetorning leaTes llilo, touching at

same dnj; Kawaihasyt. it.. Mahn-kon- a

10 a. si.: Makenn 4 p.m.; Maalaea BayC p. it.; Lahniua S p. si. tho following dayarriving nt Hocolaln 6 A.it. Wednesdays andSaturdays.

Aajtms ax noxoi.ct.c.

Wednesday- -. Xot. 1Saturday. uWednesday " saSaturday Dec. 2Wednesday- .- 13Saturday " 23Wednesday Jan. 3Saturday " 13Wednesday " 24Saturday .Feb. 3

t Xo Freisbt will be receded after Inoon of day of sailing.

STM. CLAUDINE,DAVXES. Commander

Will leave Honolulu every Taesday at S

o'clock P. M., touching at Kahului, Huelo,Hana, Hamaa and Eipabnlo, Mani, and n,

Hawaii. Returning will arrive atHonolulu every Sunday morning.

I3T Xo Freight will bo received after 4

P. M. on day of sailing.Consignees must be at the landings to

reoeive their freight, as we will not holdourselves responsible after such freight hasbeen landed. While the Company will usadae diligence, in handling lire stock, wedecline to assume any responsibility in caseof the loss of same, and will not be respon-sible for money or Jewelry nnless placed inthe care of Pursers.

W. 0. WILDER, President. 0S. B. ItOSE, Secretary.

Capt. J. A. KIXG. Port Snpt.

Mortgagee's Notice of Intentionto Foreclose and of Sale.

NOTICE IS HEREBY GIVENof a power of tale contained

in a certain mortgage, dated January 5th, A.'D.1S92, made by UAOKEKAI (w) and KAKAIO,ber husband, of lloaolala. Island of Oahu, toAlexander J. Cartwrlght (now deceased;, record-ed in the office of the Registrar of Conveyances,in Liber 131, folios 412 and 413, Bruce Cartwrlghtand A. J. Cartwrlght. of eald Uonolalu, deviseesaader the will of said Alexander J. Cartwrlght,deceased, intend to foreclose said mortgage for abreach of the conditions in said mortgage con-tained, t, the ot both the prin-cipal aad interest when due.

Notice Is also hereby given that all aad siagularthe lands, tenements and hereditaments lasaid mortgage contained and described will besold at public auction at the auction room fJames F. Morgan, on Queen street in said Hono-lulu, on MONDAY, the 13th dayof November,A. D. 1523, at 12 o'clock noon of tatd day.

The property in said mortgage is thus de-scribed, viz:

All that certain piece of laod situated atHonolulu aforesaid, and more particular-

ly described ia deed of E. K. Nahiolelna toWC. Achl. dated 22d August, lb31. aad recorded inliber 141, pages containing an area of

acre, and being a part of those premisesdescribed in Royal Patent 6215 to Kalaeokekoifor Kalaklnl, conveyed to eald Ilaokekal by deedof Id W. C. Achl, dated January 4, 15, andrecorded In liber 141, pa2es 133--

BRUCE CAKTWRIGirr,A. J. CARTWRIGIIT.

Terms Cash. Deeds at the expense ot pur-chaser. For further particulars apply to J. M.MoxsAEBAT, Attorney for Brace Cartwrlght andA. J. Cartwrlght.

Dated Honolulu, October 17tb, 1S93.1501-- lt

Mortgagee's N'otico of Intentionto Foreclose and of Sale.

"VTOTICK IS HEREBY GIVENLl that by virtue of a power ot tale contained

in a certain mortgage dated March 2Gtn. A D1131. made by HOOPII(w)of Honolulu, Islandof Oaha, to Alexander J. Cartwrlght (now deceased) recorded in the office of the Registrar ofConveyances, In Liber 132 folios 135 and Vt.Bruce Cartwrlght and A. J. Cartwrlght of saidHonolulu, devisees under the will of the saidAlexander J. Cartwrlght deceased, intend toforeclose said mortgage for a breach of the con-

ditions In said mortgage contained, t: theof the principal and Interest when

dae.Notice Is also hereby given that all and singu-

lar the lands, tenement and hereditaments latald mortgage contained and described will betold at public auction at the taction room ofJames P. Morgan on Queen Stre:,in tald Hono-lulu, on MONDAY, the 13th da of November.A. D. 1S33, at 12 o'clock noon of tald day.

The property in taldmortgage la thus describedviz:

All that tract or parcel of land situated in Ka-ll-

city of Honolulu in tald Island of Oahu andbounded as follows:

Beginning at a point on the makal tide of Kna-kl-

Street 761 fe.t South East from LlllhaStreet, and running thence by true meridian ; S.4" 41' W. 108.5 feet along Lot 16. S. ZIP E. 52J2feet aloii: KoUaaa. K.4S0 41 E. 118.7 feet alongLot 18. N. 41 19" W. 50 feet along KuakiniStreet to tec hi tlal point containing an area of5650 square feet, the s.ime being No. 17 of theKaliaLotaof m. 2. Bishop it numbered on hismap on tho Kaim Tract, and the tame premliesthat were conveyed to the said Hoopli (w) bythe tald S.E. Bishop by deed dated June Kth.13o3. recorded in the Offlce of the tald Keglt'.rtrIn tald Honolulu In Liber 113 foliot 47--

BRUCE CARTWRIOHTA J. CARTWRIOHT

Terms Cash. Deeds at the expense of purchaser. Fur farther particulars apply to J M

Mox.xiuut. Attorney for Bruce Cartwrlght andA J. Cartwrlght.. Dated lloaolala, October 17,1598. Yi)- -

ADMINISTRATOR'S NOTICE.'

ALMS AGAINST THE T, ATED.HAN LEY, deceased, of Kalanao, Ewa

Oaha, mast be presented to tbe ondenlgned.duly authenticated, within tixmoatbt. or theywill be forrver barriwL

CHARLES L. CARTER,Administrator of the ElUte of D. Hauler,

deceased.Hoaolulu, Oahu, October 3rd. A. D. 1391

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Artistic printing at tbe GazetteOffioe

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