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THE MAUI NEWS
SATURDAY, OCTOBER 14, 1905
THE MAUI NEWS
Entered at the Tost Office at Wailuku, Maui, Hawaii, as second-class matter.
A Republican Paper Published in the Interest of the People.
Issued Every Saturday,
maul Publishing: Company, Limited.
Proprietor and Fukllhra.
The columns of the News admit communications on pertinent topics. Write only
on one side of paper. Sign your name which will be held confidential if desired.
Subscription Rates, in Advance $2.50 per Year, $1.50 Six Months
C. U. CUEMENT, - - Editor and Managar
SATURDAY, OCT. 14, 1905
OCTOBER TERM COURT
OPENS AT LAHAINA.
Comparisons Act 6 appropriated $1,377,000 for the use of
are Odious the Government for tho two years ending
June 13th 11)07, but the Administration has duci ll to cut tint loan
fund down to $750,000, and devote this latter sum to liiiproveiin-ni h
of a general nature. "Section 2, General Appropriations For All
Islands" shows that the probable improvements will comprise the
Extension of wharf system $300,000
Educational Buildings 29,000
Honolulu Water Works, general 200,000
Educutional Buildings . . $18,000
Laupahoehoe Water Works 1,920
Educational Buildings $14,000
Condemnation and purchase Water Rights for Lahaina
Water Works.. 30,000
Lahaina Water Works : . . . .500
Wailuku and Kahului W. Works 2.000
Educational Buildings 116,740
Koloa Water Works 5,000
Waimea Water Works 10,000
These are appropriations "general'' in character but omits the
various smaller court houses and jails, Hilo's $20,000 High School;
Wailuku's $25,000 Court House; the $1,51)0 school bouse for Koha
la; the purchase of Pauoa water; and the Kalawao and Kalaupapa
Water Works which are not "general" in character. The extension
of the wharf system in Honolulu may be termed general but as
Honolulu derives ninety percent of the benefit that item should be
stricken out altogether and not even used for roads as has been
suggested. And still the Advertiser sage says that it is silliness
for the couutry press to charge Oahu with being greedy.
Takes the JLaw The Advertiser seems to be very much
As a Cloak" exercised that the country press should
have the audacity to voice and fight for what they believe their
counties are justly entitled to as their share of the incomo tax col
lected by the territory through its divisional assessors. Tho ad
vertiser of the 9th under the caption of ' Trial By Newspaper
A portion of the country press has the plantation, income tax case already a
good as decided. When the courts get through with it, however, some plantations
on the other islands may pay their income tax to the assessor of the division where
the fields and mills, in each case, are situated, and others continue to pay theirs at
Honolulu. In the published reports of the case, the plantations named are not by
any means in identical circumstances excepting as to the single matter of their loca
tion. Taking plantations all over the islands, circumstances are likewise diver
gent. Some, for instance, are principally owned in Honolulu, some in San Fran
cisco and some on the islands where located. Perhaps the chartered designation of
the "principal place ot business" may be the deciding point and perhaps not.
Pending a final decision in the courts, though, the outside talk about Oahu try
ing to grab everything is sight is only silliness. The Territorial authorities and the
divisional assessors were merely administering the tax law as they read it, when the
county of Kauai stepped in to claim what it deemed its right as was only meet and
proper for it to do. If wrong is shown to be done to the counties other than Oahu
by the method called in question, and the courts find so without also having a
remedy capable of being applied as the law stands, then the Legislature will have
lo siraiguieu uui me uiracuuy.
As suggested by the Star in speaking of the testimony brought
out regarding plantation ownership on Kauai, it says:
" They all stated that the several companies represented by them had no offices
in Honolulu, although the bv-laws of the majority contained a section stating that
a principle office was to be maintained in Honolulu. That not a single one of the
companies on this island toolr any notice whatever of this clause proved, that it was
only put in there as a formality, as some place had to be named according to the
law aud Honolulu was the most convenient, although no books but the stock books
and minutes books were kept at that place, while all the books showing the sources
- from which the plantations derived their incomes were Invariably kept at the offices
of the plantation on Kai'ai. "
Oahu County sent its County Attorney over to Kauai to fight
the cases, but after arrival there the attorney thought descretion
the better part of valor and decided not to entangle Oahu county
by noting exceptions so sat quietly by and "sawed wood." The
News again repeats from last weeks editorial on this topic the
apnorism about "fooling all of the people all of the time."
Are not Deacon Testa takes exception in his organ, the In
Whining dependent, to Maui's stand on the sidewalk question
A live town like Wailuku should be able to fix its own sidewalks. There are
always "ways" when the "will" is on an even keel. It has been the practice of out
side towns to come whining to Honolulu, however, for so lone that thev cannot
plug a hole in a bridge without help from the capital anymore. By virtue of the
County Act Wailuku weaued herself from the Honolulu teat, and should now do her
own Drowsing. L,ive us a rest over Here, Mr. Maui News; we are working overtime
arresting Charle Moore just now.
Maui was once again discriminated against in the last legisla
ture when it gave to Honolulu and Hilo the power through the
Superintendent of Public Works to REQUIRE property owners to
construct sidewalks on their property, and omitted to insert the
same powers in the municipal charter of Maui County. There is
no whining about the matter at all. Maui County has shown itself
lit to govern itself and is doing so in much better shape than Oahu
County which has "everything" in its favor, even to Maui's fifty
percentum of the income tax.
LAHAINA, October 12. The first
term of the Circuit Court to be be Id
bere under the Dew law opened Wed
nesday morning at 10:00 A. M. with
Hod. A. N. Kepoikai presiding.
After the usual routine the Grand
Jury was charged and immediately
proceeded to business. So far no pre
sentments have bees made and it is
not believed any will oe until Friday
morning at the earliest.
On account of the extreme heat
the Grand Jury will hold their set
tings during on the wharf and set its
hours of labor from 8:00 to 11:00 A.
m. and 1.-00 to 5:00 p. in.
i;ivii case zs, rranccs H. Akl vs
Wailuku Sugar Co., Trespass, Ma-
,.miii and Ligl.tfoit fur plaintiff and
Kiniu'v iMi-Claiiuliiin and Cooper and
I). H. C&'V for dcft-ndi'llt Ms jon
tinned for the (t'dli hi: was Hie Civil
cum-of V. 13 Keiuu v Hale lloa
ki', t!li-gai utipouiHliiii.'. Vivas for
plaintiff umI Coke lor (li-feiiilent.
The caul! of Dr. L. A. Sabey v J
N. K. K coin Asmittipit, annealed
from thu District Magistrate Wailu
ku will be heard m vacation in VVui
Following is Judge Kepoikai charge
to the Grand Jui-v:
Gentlemen of the Grand Jury: You
have been summoned to appear re-
fore this Circuit Court of the Secmd
Judicial Circuit of the Territory of
Hawaii to aitunJ us Grand Jurors at
this, il October 1905 Term, opening
this 'lay, i t Lahaina, in the District
of Lahuina, Island and County of
Maui, in said Circuit, the Legislature
having in its wise discretion deemed
t for the best Interests of the County
of Maui tbat one of the three Terms
of this Court in each year be held
bere on the second Wednesday of
October ot each year, as provided la
Act 34 of the Session Laws of 1905.
I deem it the Court's duty to have
your attention directed to the most
important duties which devolve upon
Grand Juries are probably the
most important bodies connected
with the disposal of matters criminal,
the punishment of which is infamous;
all felonies belong to the class of in
In carrying out your duties as
Grand Jurors, you must always bear
in mind that you are to pass upon
matters either brought to your at
tention by this Court, or by the pro
secuting attorney. In doing so, you
have jurisdiction of all matters that
may be brought to your knowledge
regarding violations of the laws of
the Territory of Hawaii, Although
you are an luquistorial body, the law
demands that for a Grand Jury to
indict any-person brought before it
charged with the commission of any
offenca, such charge must be sub
stantiated by such evidence that will
be clear to your minds that such per
son charged as aforesaid may be
found guilty before a Trial Jury, and
ail such matters and charges, it is
your duty to investigate without fear
of, or favor to, any one. In no case
can you compel the attendance of any
person charged with the commission
of any offence, but such person may,
after having signified his desire, do
so, when you feel that in such cases
you may avoid delay to parties in
terested, and unnecessary expense
to the Government.
There have been committed from
the several District Courts of the
County of Maui, and of tbia Circuit
for your investigation some very sen
ous crimes, among which are murder
rape, assault and battery with dead
ly weapons, and crimes of a lesser de
gree of seriousness.
in nnaing an inaiciment, your
earnest and mature consideration is
required, as the personal liberty of
Individuals, at least for a while, de
pends on the result of your investiga
I Your deliberations must be absolute
ly secret, as the publicity of the same
may lead interested parties in at
tempting to influence Grand Jurors
and anyone of you who discloses any
thing that takes place within your
councils, subjects himself to severe
punishment at the hands of this
Court. Each wituesa and interpre
ter should be admonished bj you to
keep inviolate what transpires in
their preseuce, in your councils.
You are specially instructed that
when you are deliberating upon your
vote, that no one outside of your
members shall be allowed to be pre
There must be at least thirteen of
your number present when disposing
of any matter brought up . for your
deliberation. No indictment shall
be found nor any presentment made
without the concurrence of at least
twelve of you.
The Court alone can excuse a
Grand Juror, and although the Grand
Jury may excuse temporarily one or
more of its members, there must be
at least thirteen of you present at
each hearing or sitting.
You are specially instructed that
in no case is a Grand Juror to take
part in the deliberation of any mat
ter in which he is in any way inter
estedin the outcome of such delibera
In order that good results may be
obtained from investigation i of G ratio
Jurips, the Court instructs you to
acquaint yourselves with the finding.
and recommendation of an Gram'
Jury, your predecessors.
It is within yc ur power to investi
gate alleged iiTcguluriMeH in nuMic
offices, 'nd other f.iat .(.era of piiolii
nature; und the different ilcptir)
menis of '.he government, within lie
jurisdiction i f this Court may l" tn t
ters for your investigaiii.n vvhei
brought to your attention by tin
: prosecuting attorney. No ilepni-i
men t. of 'he government is hiy.nn
your reach. AT the records of this
C'-urt arc open to your inspi ction.
You have the process i f this Court
in compelling the a-tendance of uit
uesses living wit.hiu this Territory ii
all matters brought I., for von, mid
this Court, upon your request, wil
uIwuvh assist you in issuing sucl
writs as may be required in the pre
The Court recommends that you
may consistently with the impor
tance of matters brought before you
carry out your work expeditiously
and as economically as possible.
The prosecuting attorney at th
present Term will wait upon you 'for
the purpose of advising you on the
law in all matters that may come be
fore you for deliberation.
You msf appoint one of your num
ber to act as clerk to record and
preserve the minutes of your proced
I appoint W. A. Hardy your fore
You will now proceed and do j'our
A. N. KAPOIKAI,
Judge of the Circuit Court of the
Second Circuit, T. H.
Dated at Lahaina, Maui, Oct
ober 11, 1905.
s THE HENRY WATERIIOUSE TRUST CO. Ltd I
t HONOLULU, HAWAII P- O. Dox 346
BUYS AND SELLS KKA1. ESTATE, STOCKS & BONDS
WRITES FIRE AND LIFE INSURANCE '
NEGOTIATES LOANS' AND MORTGAGES
SECURES IN VESMENTS
A List of High Grade Securities mailed on application
The "OWL" is the let din and nit st poiuilfir
5c clar throughout the entire country. '
OWL stamped on every cigar
CUNST-EAKIN CIGAR CO.
Distributors Honolulu. T. H.
H. F. WICHMAN & CO., Ltd.
May Go To Shanghai.
HONOLULU, Oct. 6. It is not
unlikely that the mission work in the
Gilbsrt Islands may be transferred
from the American Board to the
British Missionary Society. Ne
gotiations looking to that eud are
now in progress. Should such a deal
go through, it will mean that the
missionary steamer Morning Star
which is now in this port awaiting
orders, may be directed to go to
Shanghai where she will be offered for
sale by the American Board.
The Gilbert Islands belong to Great
Britain and the American Board
considers that it id just as well to
have the British Missionary Society
look after the missionary work in
that Geld. The British society has
a steamer, the John Williams, which
is able to attend to all of its mission
business in the South Seas, and should
the proposed arrangement be suc
cessful, there will be no further use
for the Morning Star. She will be
too large a craft for the work in the
Caroline Islands and the American
Board will secure a smaller craft. It
is not unlikely therefore, that she will
be sent to Shanghai and offered for
sale. There is no demand for such a
craft at this place.
Scie n 1 1 fi c and
all our work, and
the materials we
use in manufact.
ure are the best
that can be ob
If you are troubled witn your eyes wiite to us immediately and we
will give you the benefit of our scientific knowledge a.d experience.
H. F. WICHMAN & CO. Ltd. Manufoctu',M2,,4 o.ttca.
1042-1050 Fort St., HONOLULU.
DR. JOHN CODDARD in charge. "
Wailuku School Notes.
Gladys Hart has gone for a visit
Angle McCann is our pianist this
The book-keeping class numbers
Re membered Their Former Chief
Last Friday the Police of Maui
tendered their former Chief, Ex
Sheriff L. M. Baldwin a feast of good
fellowship as a tokon of their appre
siation of him as Sheriff.
After the good things had been
thoroughly and appreciatively dis
cussed W, F. Crockett in the name ot
the police' made one of his eloquent
after dinner presentation speeches
concluding his remarks by handing to
Mr. Baldwin a handsome gold watch, a
symbal of the affection of the "force."
Mr. Baldwin replied by offering a
toast to the present Sheriff, and the
Jimmy Hart was out of school a
day or two this week with a sore
The literature class are studying
Irving's Sketch Book.
About twenty-five are taking
drawing and water color work with
Mrs. Harry has decorated her
blackboards very prettily with morn
ing-glories and calladiums in colored
The Supervisors atthfirlast meet
ing very kindly agreed to gravel the
entrances to the School grounds.
John Sabey aud Mitsuo from l'aia,
Marion Medeirosfrom Sprecklesville,
and Takaro from Kula, have lately
Teachers and pupils unite in a most
cordial Invitation to parents and
friends to visit the School. You are
welcome at any time, but particu
larly at our chapel exercises, 9
o'clock Friday mornings.
The regular meeting of Stockholders
Maui Wine & Liquor Co., Ltd.
Will be held at the office of the com
pany, K. cf P. Building, on
WEDNESDAY, OCT. 18, 1605,
. ' at 7:30 p. m.
J. GARCIA, Secretary.
RIGHT JUST RIGHT.
We fit Eyeglasses and Spec
tacles aud fit them Right Just
Right. We fit glasses to old
eyes to give better vision and to
preserve eyesight. We fi t glass
es to young eyes for the removal
of eye-strain and attendant evils.
Frames Right, Lenses Right,
Treatment Right, Prices Right.
A. N. SAN FORD,
GRADUATE OPTICIAN -BOSTON
Over May & Co.
Wailuku Repair Shop
ARTHUR DOUSE, PROP.
General Repair Work on
Sewing Machines, Type
writers, Locks, Guns,
. HRADQUARTKRS AT
Dan Carey's Blacksmith Shop