Newspaper Page Text
THE MAUI NEWS
SATURDAY, JANUARY 1 3, 1906
THE MAUI NEWS
Entered at the Tost Office nt Wailuku, Maui, Hawaii, as eecoml-clus9 matter.
A Republican Paper Published in the Interest of the People.
Issued Every Saturday.
maul IuUl isliitig- Company, Limited.
Proprietor nnd Publishers,
The columns of the News admit communications on pertinent topics. Write only
on one side of paper. Sign your name which will he held confidential if desired.
Si'BsciiirTioN Rates, in Advance $2.50 per Year, 11.50 Six Months
Hush At. Coke.
Editor and manager
JAN. 13, 1900
Wrong Immigration commissioner craig pave the Ka
Instruction inehameha school course a scoing at a meeting
of t lie commissioners of agriculture last week.
He said they have the wrong system do a h there at the Kameha
They are raising a lot of lolos.
They are not teaching the boys to work but they are instructing
them to talk. They get a smattering of a few things and the boys
leave school thinking they know something when they are really
worse than useless as they have to unlearn what they have already
J. P. Cook told of an Hawaiian lad who had applied for work and
had been assigned it but the following day the young man had
appeared with a carefully prepared speech in which he declined
employment. He was a Kamehamelia School lad said Cook and
the speech that he made was a remarkable one and wound up like
a letter ending in the expresion yours truly.
Mr, Cook says they have had a great deal of experience with these
boys and tinds they are turned out partially instructed and expect
to walk into a machine shop and get mechanics pay at once and
while they are good beys there is something radically wrong with
their education. They want to talk but, not work. .
He thinks the course should be more practical.
The statements of these gentlemen is no suprise to the writer
who has had many years experience in the schools of Hawaii and
on the coast.
The plan of petting the children in our Hawaiian schools has
been carried to excess in the past by some schools as a whole and
by many individual teachers.
While this may indicate a kindly disposition on the part of the
teacher it is a positive injury to the youth.
What the schools should seek to do is to train the young m'vjn to
work and be proud of an opportunity to work.
No person can hold a position who is not willing to work.
No person can remain long in idleness without degenerating.
Any one has more respect for a street sweejVing laborer unedu
cated thought he be than a polished vagrant.
There would be far less vice in the land if the school authorities
would bear this inmind and from their courses accordingly.
Moral In the United States a storm of public indigna
Sentiment tion is raging around the head of E. W. Corey
president of che United States Stesl corporation, on account of his
domestic infelicities that has culminated la a wide speed demand
for his removal from ollico.
Such a feeling on the part of the American people is a healthy
one and points to a higher standard of morality than has existed
in the past
The charges against President Corey are not of so flagrant a nat
ure as would have been necessary to incite the scorn of the public
a few years ago.
His name is associated with that of a popular comic actress and
rumor accuses him of seeking a separation from a faithful wife to
whom he plighted his troth when they both were poor that he may
niarrvawoman who would be a more ornamental neaa to nis house
hold. Corey is surprised that there is so much publicity to his
private affairs and feels that his private life should not interfe'-e
with his management oi tne steel trusr. auairs. . tie seems to nave
lost sight cf tne fact that Hyde. McCall, Alexander and many other:
associated with them in insurance looting professed a doubt of the
existance of a higher law yet they found to their sorrow that
does exist and were forced out.
Senators Burton and Mitchell are ruined men, the latter fills a
Some of California's highest officers recently learned to their
sorrow that her people demand clean lives of her servants.
A man who takes a position of trust or expects in his private
business the continued support 'of his fellowmen cannot do as he
likes with his money nor act as his unoridled passions may dictate
without finding sooner or-later that he is relegated to the realms
of oblivion, and on this point the world is not foolish. Experience
as old as humanity, proves that the gambler, the drunkard, and
the debauchee however alert their mental faculties are not in the
Ions run trustworthy.
We have in every community some old wreck, a living illusrtra
tion of the truth of these assertions.
The Improvement The Improvement association has just
Association held its third annual election and has be
gun a new year of work which it is believed will be of as niuc
benefit in the future as it has in the past.
Every live citizen must realize that Maui has been asleep fo
the past twenty years so far as public improvements go and O.ihu
has been getting the benefit of a great majority of our taxes. Maui
has paid the penalty of her indifference and Oahu can't be blamed
for taJting advantage of the apatny or Maui.
During the past year Maui has besrun to realize her mistakes
- . . . m . . 1. . 1 .. .. i. -1 i. if -.1 .-l. i -.
and is awakening to trie iaci mat, tue must ngni, ior ner uuis o
suffer for her lack of concerted action.
The Improvement Association has done much to further Maui's
r . . i t i . . 1. .1.... ....... : 1.3 .
interests and ns Mccompiisueu mucn nut uuiurv mh woum uoi
have been done. There are yet hundreds or public improvement
t that are absolutely necessary that can be accomplished through
V -the association and much will doubtless be accomplished during
r the present year.
' Let every citizen who has the good of the community at hear
h, attend every meeting and assist in carrying out the needs of the
Attorney General'! Department
Lnst Tuesday was a triumphant
lay for the Attorney General's De
partment. II, won three, weighty
ases in the Supremo Court. That
two of thorn were hard fought con
tests is attested by thn fact that
trougly worded dissenting opinions,
by a different Justice in each in
stance, were tiled with the control
The naturalization cate is of such
importance that, if decided otherwise
than it is. it, would confound a great
deal of completed limitation, both
criniinol and civil, since the annexa
tion of Hawaii. An enabling or a
lecluratory Act of Congress would
be tho only preventive of untold con-
As it is, it maj be very advisable--
especially in view of the doubt ex
pressed by the Chief Justice in con
curring rt'ith the controlling fopintnn-
that Congress should be induced to
legislate jurisdiction of naturaliza
tion by the Territorial circuit courts
in positive terms, as well as in such
manner as will legalize naturaliza
tions heretofore made by the circuit
court. For, with but one of the
three members of the Territorial
appellate court speaking without un
certain bound, there is inducement
apparent tor appeals to the United
Stotes Supreme Court which, a the
east, would hold the question in sus
pense for perhaps another year.
fhe gist, of each of the decisions is
A voluminous decision of the Su
preme Court, embracing a majority
opinion by Justices Hartwell and
Wilder, written by the former, and a
minority opinion by Chief Justice
Frear, hus been rendered in ths case
of Territory of Hawaii vs. Frederick
Schilling. It is a writ of error to
the Fifth Circuit Court (Judge
The court below is sustained in the
trial, conviction and sentence of de
fondant upon an indictment charging
an assault with intent to commit the
crime of rape. This was although,
as the controlling opinion relates:
"He pleaded a former trial and
conviction by the magistrate of the
district of Lihue of the offense of as
sault and bat tery and that the same
assault was charged in tho indict
ment. In a supplemautal plea heal
so pleaded that he was advised that
the facts shown at the trial of the
assault and battery amaunted in law
to a felony and therefore that he
could not afterward be prosecuted
for the felony under the statue."
The statue in question provider
that if upon the trial of a person for
misdemeanor the facts show a felony
such person shall not bo entitled to
acquittal for misdemeanor, and no
person tried for such misdemeanor
shnll be liable to be afterward prose
cuted for felony on the same facts.
Judge Hardy overruled the pleas,
declining to hear evidence in verifica
tion of the plea of former convictio.i.
The majority opinion occupies
eighteen typewritten pages.
Chief Justice Frear's dissent covers
another eighteen pages of similar
writting. Ho contends that the
majori'y opinion is against the
authorities, even some of those it
quotes, but admits tacitly that tho
plea of ''once in jeopardy," on an
o her ground than those on which
the majority decided the case, might
have been overruled when he says in
''In view of the opinion of the ma
jority ot the court it will be neces
sary for me to express an opinion as
to whether, aeide from the question
of identity of offenses, the alleged
former conviction is not a bar on the
ground that there was no former
jeopardy because, as contended, as
sault and battery was at tne time of
such conviction an 'nfamous offense
and therefore beyond the jurisdiction
of the district magistrate who tried
M. F. l'rosser, Deputy Attorney
General, for the Territory; A. H.
CrooU for defendant.
''Under the naturalization laws of
the United States and the Organic
Act the cn-uitcourts of this Territo
ry have power to naturalize."
This the Supreme Court decides by
a controlling opinion written by Jus
tice Wilder and a concurring opinion
bv Chief Justice Frear, a dissenting
opinion being filed by Justice Hart
well. The Chief Justice's coi cur
rence !s not given with most absolute
confidence, according to its conclu
sior, thus: "On the whole, although
with much doubt, I am of the opinion
that the circuit courts have such
The matter came up on reserved
questions bv Judge Parsons at Hilo
in the cuse of Territory of Hawaii vs,
Monta Kaizo. Defendant was indict
ed for murder. A subordinat ques
tion raised was whether or not eight
certain members of the sixteen com
posing the grand jury were naturaliz
ed before they were drawn to serve.
As defendant had not shown that they
were aliens when drawn, the presump
tion is decided that they were citizens
at that time.
M. F. Frossor, Deputy Attorney
General, for the Territory; Carl S,
Smith for defendant.
By a unanimous opinion of the Su
preme Court written by Justice Hart
well the ownership of Lahainaluna
school it confirmed to the Territory.
Frederick J. Lowrey, Geo. P. Cas
tlo and Wm. O. Smith, trustee of the
Hawaiian Board in succession to the
American Board of Commissioners of
Foreign Missions, sued the Territory
to recover f 15,000 as a forfeit for
breach of agieement, after the Ter
ritory had refused to convey the
property to them. The story of the
cases has been so often told that not
hing further than the syllabus of the
opinion needs here be quoted to give
a clear idea of the case. It is as
"Thin court has jurisdiction of an
acting of assumpsit by the successors
of the American Board of Foreign
Missions brought upon a breach by
the Territory of an agreement made
between the Board and the Hawai
ian Government in 1849.'
"A transfer was made by the
American Board to the Hawaiian
Government to the Lahainaluna
school property on condition that
"the said institution shall be contin
ued at its expense as an institution
for the cultivation of sound literature
and solid science, and further that it
shall not loach or allow 10 be taught
any religiDus tenet or doctrine con
trary to those heretofore inculcated
by the mission,' etc., and that in
case of nonefultdhnent of the condi
tion the sum of $15,000 should be
paid. From the date of the tran
saction until 1903, religious instruc-
I THE HENRY WATERHOUSE TRUST CO. Ltd !
BUYS AND SELLS- REAL ESTATE, STOCKS & BONDS
Z WRITES FIRE AND LIFE INSURANCE
NEGOTIATES LOANS AND MORTGAGES
I A List of High Grade Securities mailed on application j
I CORRESPONDENCE SOLICITED
H HONOLULU, HAWAII P. O. Box 341!
Worry about that
lunch or dinner
when you can et
the very chociest
line o? canned goods,
WAILUKU CASH STORE.
H. F. WICHMAN & CO., Ltd.
Scie n 1 1 fi c and
I X v
all our work, and
the materials we
use iu manufact
ure are the bes1
that can be obtained.
If you are troubled witn your eyes wi ite to us immediately and we
will give you the beuefit of our scientific knowledge a.id experience.
H. F. WICHMAN & CO. Ltd. M ta""fcKkM ODtician
1042-1050 Fort St., HONOLULU.
DR. JOHN GODDARD in charge.
tion continued to be taught at the
school as previously, both parties ap
pearing to regard such instruction
as required by their agreement.
"Held; the express agreement
does not require that the specified
instruction should be given, and the
terms of the agreement being clear
and unambiguous the practical con
struction which the parties have
made does not introduce a new term
iu the agreement.
"The school was changed by the
Territory to a technical school under
the name of the 'Lahainaluna Agri
"Held: this is not a breach of the
agreement to continuad the institu
tion for the cultivation of sound lit
erature and solid science."
D. L. Withington and C. H. Olson,
Castle & Withington and Smith &
Lewis on the brief, for plaintiffs; M.
F. Prosser, Deputy Attorney Gen.
ial, for the Territory.
km aim vv
Uime SfableKahuliii Slaitroad Company
STATIONS A. M. P M. STATIONS A.M. P.M.
Wailuku Paia Pas Pas. Freight Freight Freight Pas. Pas. Kahiilui--Puunene F & P F fc P
A. M. A. M. A. M. A. M. P. M. P. M. P. M. A. M. P. M.
Kahului Leave 7.00 8.42 1 45 2.00 3.45 Kahului Leave 6.20 1.20
Wailuku Arrive 7.12 8.54 12.00 . 2.12 3.57 Puunene Arrive 6.35 1.35
Wailuku Leave 7.20 9.05 12.25 2.20 4.03 Puunene Leave 6.40 1.40
Kahului Arrive 7.32 0.17 12.40 2.32 4.15 Kahului Arrive 6.55 1.55
Kahului Leave 7.35 9.40 2.35 Kahului Leave 8.00 3.05
Sp'villo Arrive 7.47 9.55 2.47 Puunene Arrive 8.15 3.20
Sp'ville Leave 7.50 10.10 2.50 Puunene Leave 8.20 3.25
Paia Arrive 8.02 10.25 3.07 Kahului Arrive 8.35 3.40
Paia Leave 8.12 10.55 3.12
Sp'villo Arrive 8.24 11.10 3.24
Sp'ville Leuvf 8.27 11.20 3.28 '
Kahului Arrive 8.37 11.35 3.38
ICoHtLiltji Railroad Company
ALEXANDER & BALDWIN, Ltd.; ALEXANDER & BALDWIN, Line of Sailing Vessels Betweer
San Francisco and the Hawaiian Islands; AMERICAN-HAWAIIAN STEAMSHIP CO.;
WILDER'S STEAMSHIP CO.
Importers onct Dealers In
NOR WEST and REDWOOD LUMBER in all sizes rough and surfaced. SASH. DOORS and BI.INE-?
ia Cedar and Redwood. CEDAR MOULDINGS z.:vi INSIDE FINISHING LUMBER, also a full line 0I
CORRUGATED IRON, GALVAN.ED IRON, ZINC, GALVANIZED IRON PIPE, COAL TAR,
CEMENT, OILS and PAINTS, FENCE WIRE and STAPLES: NAILS PITCH, OAKUM, Etc. Etc.
Lay down the customary resolu
tions and let the old world smile.
You'll break some and keep some.
Suppose you make a resolution to
give your eyes better attention dur
ing the coming year.
Let us assist you witb suitable
glasses and we'll guarantee you
greater comfort, more ease, and bet
ter eyes, when auother New Year
A. N. SANFORD,
BOSTON BUILDING, HONOLULU
Over May & Co.
Wailuku Repair Shop
ARTHUR DOUSE, PROP.
. General Repair Work on
Sewing Machines, Type
writers, Locks, Guns,
Revolvers, etc. . , .
Dan Carey's Blacksmith Shop
A great variety of hand
somely decorated pyrogra
phied boxes, waste baskets,
necktie racks, sewing tables
and numerous other useful
present. Daintily tinted
Satin and linen pieces.
Prices from 1.25 to $25.00,
Residence Opposite Dp.