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THE MAUI NEWS-
SATURDAY, OCTOBER 7, 1905
THE MAUI NEWS
Entered at the Tost Office t Wailuku,
A Republican Paper Published in the Interest of the People.
Issued Every Saturday.
Maul Publishing; Company. Limited.
Proprlatora And I'ubll.hera,
The columns of the News admit communications on pertinent topics. Write only
on on side of paper. Sign your name which will be held confidential if desired.
Subscription Ratks, is Advance $2.50 per Year, $1.50 Six Months
C L, CLEMENT, ... Editor and Vlna?r
SATURDAY, - ... OCT. 7, 1905
Where Is the The advertiser seems to have hit wide of
Legal Residence the remark concerning the stat us of Hit
Kauai Income Tax case as reported In its issno nfdato Oitobi-r
2d. Mr. Case Maui's county attorney, who has Just' rot uit.piI
from the garden Isle, feels quite certain thai, M r. 1 Yosser, tin
Assistant Attorney General, was unintentionally iiiiMiuotod in
several important phases of the case.
As a matter of fact the case is not "hung- up on the lee he il
ities." The Territorial Government took nl vantage of every
opportunity to interpose tec hnical objections, but all of t hese wt-ie
quietly brushed aside by Circuit Judge Hardy, and the defense
forced to a hearing of tha case on its merits.
The taking of testimony consumed nearly four d:iys. Written
briefs, covering all the points in issue, have been tiled with the
court by the respective couusel and a decision of the case on its
merits may be expected within the next week or ton days.
The case hinges very largely on the question of where the legal
residence of these corporations is, and our Kauai friends believe
they have conclusively shown, by the evidence introduced, that
the corporations whose plants are located on t he Island of Kauai,
are residents of Kauai, and their income taxes should therefore be
paid in Kauai. The "News" believes this view is the correct one.
However, aside from any abstract questions fit law, looking at it
purely from the standpoint of layman, there is absolutely no just
ice inturning over to the Island of Oahu, tax money derived from
enterprises carried on in other Islands, and from property, real
and personal, aituated in other Islandf.
Keep to Wailuku and Lahaina are to doomed to continu
the Streets to have disreputable sidewalks for some time to
come. There seems to be no tangible way by which the Supervis
ors can get at the property owners until the Legislacure passes a
special law giving them with the same power as the Superinten
dent of Public Works. The law distinctly states ''that, uion high
wayof Twenty five feet in width, or over, adjoining owners MAY
CONSTRUCT sidewalks at their own cost" Another section of the
revised laws provides "that, in the city of Honolulu and in the town
of Hilo. the Superintendent of Public Works MAY REQUIRE own
ers of land adjoining streets to construct sidewalks," also making
provisions therein concerning the
struction etc. "The prevailing rule is that the right to levy
special assessments for improvements chargeble to particular lots
cannot be exercised by a municipal corporation without a special
grant of authority from the legislature" As a result of the law as
it appears that the Supervisors have not the authority to intro
duce any ordinance requiring property owners to construct pro
per sidewalks in Maui County without a special act of the legisla
ture. So it is a case of take to the streets for some time to come.
Where Does Hawaii And what is the matter with Hawaii
County Stand County that they have not been
heard from on the Income tax? Certainly they should be as much
interested and have as much at stake as either Maui and Kauai
County. With their financial condition possibly they do not feel
able to stand their pro rata of whatever it may cost to obtaiu a de
cision, or perhaps it is a case of Maui and Kauai pulling the chest
nuts out of the fire?
Oahu' s If the County of Oahu succeeds in taking from us
Policy these income taxes that do not justly belong to her,
it will not be another instance of Oahu's grabbing everything in
sight, whether it belongs to her or not. Her policy always has been
and still seems tc be: "Might is right." Oahu may still be able to
fool some of her sister Isles all of the time, and all of them someof
the time, but, she cannot fool all of them, all of the time. A day
of reconding will come.
Protect Home Industry.
When an emissary tempts you to
send your order for printing away to
a distant city because he offers you a
better and cheaper quality of work,
tell him you have a printing office at
your home where you expect to de
rive the patronage that supports
your own business; and that you
must patronize heme people on the
same ground that you ask them for
their trade. Tell him that if you
send away from town for what little
printing you use because you can
get cheaper and better work, people
might conclude to follow your exam
ple in buying their merchandise,
thinking that if you can get cheaper
and better priuting by sending to
the cities, so may they get cheaper
and better merchandise. Tell him
Maul, Hawaii, as second-class matter.
material and manner of con
that if people generally should follow
the example he auks you to set before
them, your town would go off the
map as a trading point. Tell him
you depend on home patronage to
keep your business going, and as a
matter of consistency you must deal
with those among whom you expect
to do bus ness. Tell him you expect
the local paper to whoop up busl.iess
for the town, and that it will not feel
like doing the boosting act unless
you encourage it by your printing
patronage. Tel! the uext priuting
solicitor this, and if he tries to talk
back to you, tell him you sometimes
sell goods to your people at a higher
price than the same could be obtain
ed for in his city, and consequently
you are willing to pay the local prices
for your printing - Durant (Miss)
TheWar in a Nutshell.
Began Feb. 5, 111(14. Peace agreed
on August 29, 1905. Duration, 570
COST IN LIFE AND MONEY.
Russian casualties in battle. 420,000.
Japanese casualties. 200,000.
Prisoners Russians in Japan, 72,000;
Japanese in Russia. 7,000.
Cost in money Russia (treasury
funds,) $015,000,000; Japan, $5,000,
0!K) a week or $410,000,000.
COST IN SHIPS AND TER
RITORY. Russia lost 73 ships, worth $150,.
000,000; Japan lost 12, worth $15,000
Russia's loss of material at Port
Arthur, I) ilny and on the Manchuria
railway is to tic added, making at
I'KRRITORY (JAIXK7) AND LOST.
T'-i i itii y caini'd by ,IiihJii Ko
i i. S k i ilin .i I i ji Tuiiir pi-niu
!'.(. Will i'iuv .niie.-., nit !ut M
pulatlim 2U.0IM, Kill
Tcn i'ii-y l. I oy Ri..i.i. half 1
land of Siik ira'in.
Til RAT V PROVISIONS.
The I rent y provides Mutt:
Riis-ia rec.i,jiiin-,H J vnaiisr
ponder.it ins.' iiillyeiu-i' in K m-a
Russia ngrees to respect t'tc
minisl rative cnlil.y of Manchuria.
Hi ih n it I ions agne to ev.icual
Rut h rial ions tigro to uphold Ih
open do'ir poliev in M ii.cuiiria.
Japan i atilies Kussia's lease of the
trunk line railway across Manchuria
Russia a recs to the limitation of
her policing her Manchurian railway
Russia surrenders the Chinese
Eastern railway from Kwan-Chend-
Tse pass to Port Arthur to Japan.
Russia acknowledges Japan's title
to Port Arthur and Dalny.
Russia acknowledges Japan's title
to that portion of Stkhalin south of
the 50th parallel of latitude.
Each belligerent shall reimburse
the other for the care of her impri
soned soldiers, sailors and citizens.
Millionaires on Earth.
John D. Rockefeller's fortune
not less than $500,000,000.
There are now 10,057 known mil
lionaires (mere than one-half of whom
5027 are in America), their fortunes
totalling $9,000,000,000. Every state
and territory is represented in the
list, and one millionaire, an Indian,
Melvin Dempsen is in Alaska. Near
ly all of the remaining 5,060 million
aires are in Europe, though Asia has
900 and Africa and South America
each have their share.
In 1846 Moses Y. Beach printed a
list of New York City's rich men
He gave the narr.es of 1024 possessing
$100,000 each, and of 23 men with
$1,000,000 each. Now only million
aires are counted among the rich,
and there are 1300 of them in New
York City alone.
In Australia Sir Jervoise Clarke
has a sheep ranch worth $150,000,000
and in South Africa "Abe" B-mley is
so rich the t he gave 80,000,000 acres
of valuable land as a contribution to
the Salvation Army.
Among the millionaires of London
Sir Thomas Lipton's $25,000,000 is
''small fry" when compared with es
tates such as that of the infant Earl
Grosvenor, valued conservatively at
$80,000,000, or that of the premier
Duke of Norfolk, 'whose income is
$7500 a day.
We are drawing no morals in this
article, yet one is forced at least to
llhink, and think profoundly, when he
earns that there are many very
wealthy men, including forty-nine
millionaires, in Russia, and not one
In Japan cave the Mikado himself.
The entire nation, according to the
Tiji Shim no, Tokio's leading fiuancial
journal, holds but 441 fortunes of as
much as $250,000 each, and these are
Japan's richest. Our Senator Clarke
or Mr. Flagler could either of them
buy out the entire 441. And yet Ja
pan has no paupers. It is a land of
people well drille.i. of farms well tilled
ol pockets well fillpd. Their wealth
is evenly distributed. On the other
hand, Russia's rich are lavishly ele
gant in their manner of living beyond
anything mere money has made pos
sible iu other hands. Not a duke or
a prince of the blood but indulges in
magnificent extravagance which
inaie the accidental gasp with amaze
ment. What has been said of million
aires generally is at least true of
those of Russia, judging from the re
sult of,Russia's contest with the Ja-
anese; It is that we sorrow, not
that these Russians have so much
money, but that they seem to have
The czar has always been called
the richest man in the world, and bis
fortune is set at $1,200,000,000 but
Muzaffar the Shah of Persia, wars
a green stone in his turban worth
$4,000,000, and whatever Persia her
self is worth is hi.
Considering the growth in individ
ual wealth since the days of Moses
Beach, we are justified In fearing a
development of money power during
the next fifty years that will be full
of peril. Tht- safety of a nation is In
the diffusionnf its wealth. From the
Cent Per Cent.
Citizen Lnbop Law.
HONOLULU, Aug. 7.-Attorney
R. W. nrrcKo.is, . who is the local
United Stales District Attorney,
has furnished a legal opinion on the
law which the Territory is nforcing
to exclude Japanese 'nborcis from
pni.lic works. He finds that the
law i.- uri'iHihtiiutini'iil, for reasons
which are U" v cliaily set forth in
his opinion, delivered to the editor
of ti e Siiiiipn. Tno ailorncv's opi
nio'i is j.jven in full below with the
exception of suiie refeiciices he
to cases decided in the Unit
, lllnst riiiinir 'lie points he
In my opinion, the law in question
is invalid and the courts wiil not en
force t'.e same. Mv reasons for this
oiiiniiin arc as follows
The fourteenth amnion cut to the
Constitution of the United Slates
provides among other things as fol
"No states shall make or enforce
any law which shall abridge the pri
vil:ge3or immunities of citizens of
the United States; nor shall any
states deprive any person of lifi
liberty, or property without due
process of law, nor deny to any per
son within its jurisdiction the equal
protection of the laws."
This provision is also enforced by
legislation enacted by Congress.
being Sec. 1977, Revised Statues
of the United States, which is as fol
"All persons within the jurisdic
tion of the United States, shall have
the same right in every State and
Territory to make and enforce con
tracts, to sue, be parties, give evi
deuce, and to the full and equa
benefit of all laws and proceedings
for the security of persons and pro
perty as is enjoyed by white citizens
and shall be subject to like punish
meut, pains, penalties, taxes, licen
ses, and exactions of every kind, and
to no other"
The latter part of the amendment
above quoted "nor deny to anv per
son within its jurisdiction the equal
protection of the laws" has in every
mstaDce in which it has been before
the courts, been held to cover the
case of all persons, whether citizens
or aliens, residing within the jur:s
diction; hence all aliens, residents
within the Territory of Hawaii, are
protected by the clause.
The law of the Territory of Hawaii,
referred to, certainly discriminates
between persons resident within the
Territory. By its terms all persons
are not equally entitled to acquire
and enjoy property. By its terms,
impediments are interposed to the
pursuits of some which are not ap
plied to the same pursuits by the
The constitutional amendment has
been applied by the Federal and
State courts in a variety of cases,
many of them, to my way of thinking
involving the same principle as is in
volved in this question under consi
The Territorial Act is as palpably
aimed at Japanese and Chinese labor,
as though it had said so in as many
words. Ic is well known that a very
large percentage of laborers in the
Territory are either Japanese or Chi
nese. Under the laws of the United
States neither Chinese nor Japanese
can become naturalized; they are
not eligible to Ameiican citizenship.
The act, therefore, might, just as
well have said that everybody but
Japanese and Chinese might be em
ployed on public works, irrespect
ively of their citizenship. Should the
law be held valid, pratically the ouly
persons who could be prohibited bv
its provisions from being employed
on pubuc works would be Chinese
1 am not prepared to say what
my opimon would be as to the validity
of a law preventing all aliens from
engaging in public work. The ques
tion dots not appear to have been
flatly decided by any court, althoug
iu one very recent case the Suuremn
Court of the United States, while re-
THE HENRY WATERIIOUSE TRUST CO. Ltd
BUYS AND SELLS REAL ESTATE, STOCKS & BONDS
WRITES FIRE AND LTFI-NSURANCE
NEGOTIATES LOANS AND MORTGAGES
A List of High Grade Securities mailed on application
The OWL" is the leeding and meet popular
5c cigar throughout the entire country.
OWL stamped on every cigar
GUNST-EAKIN CIGAR CO.
Jewelry Jewelry Jewelry
Mr. JAMES D. DOUGHERTY
H. F. Wichman & Co., Ltd.
will be on Maui for the next two
weeks with a full line of Watch
es, Diamonds, Souvenir Jewelry
etc. Silverware and Christmas articles.
fusing to pass on the question, in
timated that it was a most serious
Aside from the constitutional oues.
tion, there is, in my judgement an-
other reason why the Act should be
By a treaty between the United
States and Japan, ratified in 1895. it
3 .1 . . 1 1 '
was pruviueu as iouowb:
"The citizens and subiects of each
oi tne nign contracting parties shall
have full liberty to enter, travnl or
reside in any part of the territories
or tne other contracting party, and
shall enjoy full and perfect protection
ior tneir persons and property.
in whatever relates to the rights
oi rtsiaence ana travel; to the posses
enun oj gooas ana enects or any kind;
to the succession to personal estate
by will or otherwise, and thadisnosni
of property of any sort, and m any
uiuuuer wuatsuever, wnicn they may
lawfully acquire, the citizens or suh.
jects of each contracting parlv shall
enjoy in the territories of the" oiher
the same privileges, liberties and
rights, and shall be subject to no
higher imposts, or charges in these
respects than native citizens or suh.
jects, or citizens or subjects of the
most favored nation.
"They will not be compelled undpr
any pretext whatsoever to pay any
charges or taxes other or higher
than those that are. or mav h it
yj native uiuzcns or s uojects, or sub
jects of the most favored nation."
The provisions Quoted, and o'ho-c
in the treaty, are in mv iudoment
opposed to the provisions of the terri-
The law of the territory in question,
I have alreadv said, distinmiiu,.,.
clearly between subiects of other
countries and those of Japan and
China, and for this reason is void as
being in conflict with the treaty re
R. W. BRECKONS.
T. O. Box 34i
We fit Eyeglasses and Spec
t:icles and lit them Right-Just
R'ght We fit glasscl to old
eyes" to gIve better vision and to
preserve eyesight. We fit glass-
of eye-strain and attendant evils
Treatment Right, Prices Right,
A. N. SANFORD,
BOSTON BUILDING, HONOLULU
Over May & Co.
Wailuku Repair Shop
ARTHUR DOUSE. PROP.
General Repair Work on
Sewing Machines, Type
writers, I()ckSi GuuS(
Dan Corey's Blacksmith Shop.