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THE MAUI NEWS-
SATURDAY, SEPTEMBER 28, 1907
YOUR COOK WANTS
A flour of both uniform ami high grade quality.. Because
successful baking depends upon his knowing jtlst what the
ilour will do.
Families that get only one sack at a lime must depend on
the uniform quality of the brand they buy. Here's where
Because of the special care used in the selection of tiic
wheat; the highly scientific handling and grinding; and t lie
strict tests to which it is subjected before marketing, its
quality is always uniform and it produces uniformly good
If quality counts for anything use GOLDEN GATE FLOUR.
H. Hackfeld & Co., Ltd.
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1 "Remember the Maine"
Beers' Ales Wines
OUR GOODS ARE RIGHT
OUR SERVICE IS RIGHT
g: OUR PRICES ARE RIGHT
r! We Want Your Trade and Will Do Our
B Best to Hold It
Chas. M. Cooke, Pres. C. D. Lufkin,
R. A. Wadsworth, Director
Report to the Comptroller of the Currency
AUGUST Z2, 1907.
Loans and Discounts $ 36,037.82
United States Bonds 6,250.00
Premium on U. S. Uonds 220.00
Other Bonds (quickly convert) 12,110.00
Cash and Due from Hanks io,24S.SS
Furniture and Fixtures 1,175.00
Due ipoui U. S. Treasury 31 2.50
TERRITORY OF HAWAII,
COUNTY OF MAUI
I, C. D. Lufkin, Cashier of the above
above statement is true to tne nest ot my Knowledge and beliel.
C. D. LUFKIN, Cashier.
Subscribed and Sworn to before me this 30th day of August, 1907,
J. GARCIA, Notary Puliic Sec. Jud. Circuit
If thoro is anytlung you dosiro that Is not carried
in stock, remember that a word to us is all that is
necessary, we'll to the rest.
Wo carry all the staple grocories, as well as the
fancy. Dry Goods, Gent's Furnishings, Hardware,
Hay and Grain.
Wo aro hoadquartors for Baseball goods.
WAILUKU CASH STORE.
DR. F. A. ST. SURE
PHYSICIAN AND SURGBON.
OFFICE: FIRST NATIONAL BANK BUILDING,
10 A. M. to 12 M.
1 P.M. to 3 P.M.
7 P.M. to 8 P.M.
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& Liquor Co.
Cashier Win. Helming, Vice-l'rcs
W. L. Dccoto, Director
Capital Stock $
Surplus and Profits
Due to Hanks
named hank, do solemnly swear that the
Thoroughbred Scotch Collie. Suit-
ablo reward paid for information for
the recovery of same.
Notify W. II. Field, Wailuku, or
W. L. Decoto, Lahaiua. tfj
A second gainc of baseball was
played Sunday tit Spreokclsvillc
between the Ptiunene R. It. and
Sprcckelsville boys. The score was
I) to 5 in favor of tlioSprcckelsvillo
Mr. James Mcllardy conductor
on Kalmlui R. R. is at the Piuine-
ne Hospital in care of Dr. Sawyer
being treated for cellulitis of hand
and ore arm.
A ganio of br.sebnll will be play
d Sunday at Sprcckelsville be
tween the l'uuncno Mill-boys and
Sprcckelsville base ball teams.
Manuel Martins has been in
J'uuneno Hospital for a week suffer
ing with appendicitis, lie is rapidly
Mr. Ke.nni, policeman at Camp 1
returned Monday from a vacation
The road to K.ihului is being
turnpiked and macadamized by a
large force of men and while that
part of the road that has been
finished is in cxcllent shape the
part that is being worked on is soft
and almost impassable. A local
citizen slopped road overseer Soni-
merfeld a few days ago and said
the road was not what is should be
and threatened to take it (presum
ably) the road to the Supervisors
at their next meeting. The road
ovescer listened patiently until
the speaker was through and then
said "Leave the road where iti ?.
The public may need it."
The laugh was on the other fel
low and the incident closed.
Liquor Law is Constitutional.
Honok 111 September 20.
The Supreme Court has decided
that the liquor law of the legislative
session of 1907 is constitutional. .
The issue as to the constitutionality
of the law was raised by T. M. Harri
son, attorney for Jacintho Miguel.
Miguel was arrested sometime agoon
the charge of selling liquor without a
license. He had bpen refused a li
cense by the License Commission, but
in spite of this, and acting under legal
advico, he kept his saloon open and
continued to sell liquor. In the police
court he was convicted and sentenced
to pay a fine of $100 and costs. He
appealed directly to the Supreme
Court on points of law, these points
raising the issuo of the constitution
ality of the law.
Tlii decision has been awaited with
much interest by both the liquor in
terests of the Territory and by the
various license boards and others di
rectly or indirectly connected with
the liquor business. The opinion hand
ed down this morning by the Supreme
Court apparently decided, for the
next two years at least, the manner
in which the liquor business shall be
conducted in this Territory, and de
fines the powers and duties of License
Boards. The entire matter is thor
oughly covered in the opinion, which
is written by the Chief Justice.
E. C. Peters, former Attorney Gen
eral, represented the Territory in the
matter, md T. RJ. Harrison 'Tpro
sented Miguel. The gist of the opinion
is as follows:
liquors statute, title of
board of license commissioners:
Constitutional questions raised by
persons not affected by tho alleged
unconstitutionality aro not consider
ed. The boards of license commissioners
authorized by Act 119, Session Laws
of 1907, entitled "An Act To Regulate
the Sale of Intoxicating Liquors, Re
pealing Act 07 Of The Sessions Laws
Of 1905," are not courts.
Act 119, Session Laws of 1907, em
braces but one subject which is sufll
ciently expressed in its title.
The refusal of a license under Act
119, to one who has on hand intoai
eating liquors bought while holding a
license under a former act, which, 011
termination of tho license, can not be
sold by him, is not a taking of his
property without due process of law.
The opinion is written by Chief Jus
The defendant was charged July 8,
1907, before tho district magistrate
of Honolulu with selling in Honolulu
July 0, 1907, certain intoxicating
liquor, known as boer, eontrary to
the provisions of Act. 119, Laws of
1907. Ho admitted tho selling with
out a license. The prosecution admit
ted that he held a license under Act
07, Laws of 190,"), which expired June
30, 1907, end that the beer was part
of the stock held by him while holding
the license; that he applied for a
license under Act 119 and was refused
by the board of license commission
ers; also that before June 30, 1907, to
applied to the board to exchango his
license for a license under Act 119
and was refused, each application
being in the form required by Act 119.
The defciulcnt was found guilty and
sentenced to a tine of. $100 and costs
$1, from which judgement ho appeal
ed to this court on points ot law, in
substance, as follows: (1) In provid
ing for appointment, of a board of
license commissioners with authoritv,
in their discretion, to refuse or grant
applications for licenses and to tali
evidence upon the applications with
no appeal from their decisions, the
act mt kes the board a court with
judicial powers and functions whoso
acts are not subject to review or con
trol by any other court; as the Legis
lature has no authority tocrpate any
but inferior courts (Sec- 81, Org.
Act) the board is unauthorized by
law; (2) the act deprives tho defen
dont of his property withoutduc pro
cess of lav, contiarv to the 14th
amendment, he being prevented by
its operation f 10m disposing, after
the expiration of his license, of the
stockvof liquors acquired by him while
holding a license under the act of
1905; (3) the act authorizes tho hoard
of license commissioners to refuse to
grant any license and therefore is a
prohibitory law, and yet its title.
An Act To Regulate The Sale Or
Spiriious Liquors. Repealing Act (17
Or The Session Laws Or 1905," does
not suggest the subject and there
fore the law is invalid by Sec. 45 of
tho Orga:uc Act requiring that ''each
law shall embrace but one subject
which shall be expressed in its title;"
(4) tho act, in rrquring higher license
fees for the sale of liquors manufac
tured out of the Territory than for
those manufactured in the Territory
by the licenses, violates Sec 2 of Art
4 of the Constitution giving to citizens
of each state "all privileges and im
munities of citizens in the several
states," and encroaches upon the ex
elusive power of Congress to regulatp
(1) Upon the defendant's conten
tion that the board of license commis
sioncrs is an unauthorized body being
a court and under the supervision of
no other tribunal, it is to be observed
that courts established for adminis
tration of 'public justice may have
statutory jurisdiction over the sub
ject of granting or refusing licenses
for the sale of intoxicating liquors or
the jurisdiction may be given to a
designated official or board which
does not thereby become a court.
In determining whether to "grant,
refuse, suspend, revoke, regulate and
control licenses" the board may sub
poena witnesses, administer oaths to
them and take their testimony, and
although this is a judicial function the
right to exercise it is not of itself
sufficient to constitute the board a
No review may bo possible as long
as the board, observes the limitations
and directions contained in the act
and yet the wholesome jurisdiction
established by law continues in full
force to prevent abuses of discretion
ary power and for the enforcement of
legal rights. In other words, the
board is not above tho law which
(2) We can not sustain tho defen
dant's contention that he is deprived
of his property by reason of anything
contained in Act 119. It does not ap
rear whether he bought his beor after
of before April 30, 1907, the dato of
the approval of the act, but if he
bought it after, he did so with know
ledge that he could not sell unless au
thorized by tho license which he then
held or by a license which he expect
ed to obtain under the now act. If he
bought before that dato, he had no
assurance or right to believe that the
license would be renewed to enable
him to sell after Its expiration, if the
act should contmuo in force, or that
the act would not be repealed.
If ho bought after tho act was ap
proved, ho also knew that ho had 110
vested right to a license under it.
(3) Wo do not sustain the defen
dant's claim that the act is invalid in
containing more than one subject
namely, prohibition as wdll as regula
tion of sales, for the act does not pro
hibit, to any further extent than is
necessary or proper in reasonable
regulation of such snles.
The well known reason for requlr
ing a simple and explanatory title in
order tliht lawmakers may not be
misled in passing bills containing sub
jects of wlilcli they are not reason-
ably apprised by tho title has been
stated in numerous decisions of this
court. Sec. 45, Org. Act. "When
the goneral purpose Is declared in
the tltlr, the menus for its accnm
plisliinent, being n penalty, will be
presumed to be intended as a neees-
sary incident." '
The most prninir.pt feature, per
haps, of the act under ouits-idorntion
is not that Miles are deelai ed to lie
unlnVfu! if not licensed in conform
lly with its requirements hut that
the granting of Hocuses subject to
the requirements and directions of
the act. is discretionary not, as for
merly, witli tho minister of ti e inter
ior or territorial treasurer hut with
tho board of roni'iiisstouers.
Council for defended wih us to
construe Sec. 4 of the act as giving
tlie board of eoiiitni5.ioners prohib
tory powers beyond anything that
would properly full within the "eg
ulation referred to in the title, and
thru declare the title 'mi narrow a
not Including the e powers. Hut it
is the duty of courts to constunio the
language of 1111 act, if possible, so as
to avoid unconstitutionality (U. S.
t-s. uonmiis, 1:2 ret., rj;, and we
should therefoie rathe" be justified
111 "holding that the proliil ltory
powers which might be implied from
Sec. 4 could be exercised only to such
extent as should not irterfero. witli
the object of regulation expressed in
the title. Myer vs. Car Co., 102 U.
S 1, 12. To declare the ant to he
invalid because it is too narrow to
include the provision fur hoards of
license ootutnisionrrs or statement.
of the powers vested in iliem would
be nn unjust aspersion upon legisla
tive intelligence and would unwar-
rantly fristrate tin; exercise of
mi 1 1 a
xne judgment appealed irom is
E. C. PETERS (C. R. HEM EN-
WAY, Attorney General, .witli him
on the brief) for tbeTerritory.
T. M. HARRISON for defeudent.
Canadian Ant!-Jnp Riot.
Vancouver, B. C, Sept. 8. The
most bitter race riot enacted in
Western Canada occurted last night
when a mob of 1000 or more swept
through the Chinese and Japanese
quarters, breaking every window 111
the Oriental stores and doing damage
which will amount to thousands of
dollars. Since the Japanese have
been pouring into British Columbia
during the pan few months, an As
iatic exclusion league was formed
and last night the organization held
a parade and mass meeting. Medi
ation marked this, although Lieuton
ant-Governor Dunsmuir was burned
b effigy because at the last session
of the Legislature he vetoed the
"Natal act bill.
After tho mooting, a mob, which
had been doing damage, whk aug
mented in numbers by others much
excited, and the entire police force
and fire brigade had more than they
could do to maintain order. The
mob could not be restrained, though
several arrests were made and today
the wreck of 100 stores indicates the
path of the hoodlums. Street corner
speakers incited the crowd and while
sDPnchcs were going on, breaking of
glass was acclaimed with shouts of
joy by those gathered.
The Japanese becamo excited and
opposed tho mob with boards and
bottles and even knives. Four white
men were stabbed, and several in
jured by bottles which cut their
heads badly. Bands of Japanese
roamed tho streets all night, and
even today it would have taken littlo
to have started a.frpe-for-all to the
death. On the Canadian Pacific
Railroad wharf, where some Japanese
were engaged, angry whito men at
tacked tl'em, throwing a dozen into
tho water, but their rescue was cf
With cries of "Koep thh a white
man's country," the crowd threaten
pd to burn out the Orientals, but
owing to tho vigilance of the fire bri
gade, no attempt was made to fire
tho buildings, though incendiary ef
forts havo been dotected of late. It
was one of the wildest nights Van
couver has known, witli oxcited white
men and Japaueso shouting at the
top of their voices, police sergeants
with drawn revolvers threatening to
fire, and constables with billies keep
ing back tho surging mob, which was
urged forward by the press behind.
This praotlcul demonstration has
been feared, for nothwithstandlng
the protests made to the Government
by members of Parliament and pro
minent bodies no attention has been
paid. The nets of tho mob are
strongly deprecated by the Mayor
and leading citizens, who realize that
tho cause of the exclusiooupon which
the people are nearly agreed, has
been much hindered by the disgrace"
A further demonstration occurred
111 the enHy morning hours in which
Kiki Ylro Ishii, chief of the buniiu
of foreign commerce and head of Hp
Japanese consular service, and Con
sul Ilisamidzu of Seattle wore t lie
central figures and in which riot
numberless people wore bruised and
injured by broken bottles and flying
brickbats. Ishii and Hi'nmidzu fin
ally made their escape through the
mob and the affair was immediately
cabled to Toklo.
Coincident with the r!ot was the
arrival of a steamship having on
board nt least 500 Japanese. With a
common impulse tho mob surged to
the waterfront, and as the Japanese
came down tho gang plank they wore
met by the rioters. Seven or eight
of the Japanese were unceremonious
Iv picked up and thrown into Burrnrd
inlet. Still further riming occurred
this evening about 10 o'clock when a
crowd of about 4000 laborers again
started on the warpath, but wero
finally quelled by the police after
about twenty arrests had been made.
Tonight Chinatown is roped off and
the quarters of tho Orientals are
guarded bv the police. Tonight
Baron Ishii gave out an interview in
which he stated that he had cable!
to Embassador Kaneko, at London,
apprising him of the stirring events
nf the last two days. Indemnity
from the city to the amount of $25,
000 will bo claimed Mayor Bellmnc
declares the Indemnity will not be
paid, and the affair will bo taken up
witli the Dominion Government. Last
night's rioting was the worst in the
history of Western Canada Inter
national com plications are looked for.
NOTICE TO CREDITORS.
In the matter of the Estate of
George Cockett, late of Kula, Maui,
Notice is hereby given that the
undersigned was, on the 2nd. day of
September, 1907, duly appointed
Administrator , of tho Estate of
George Cockett, late of Kula, Maui,
deceased, and all persons having
claims against said Estato or said
Deceased aro hereby notified to pre
sent the same witli the proper vou
chnrsif any exists, to the undersign
ert at the office of his attorney, James
L. Coke, at Wailuku, Maui, Territory
of Haw.ii, oven if such claims are
secured by mortgage on Real Estate,
within Six Months from the dato of
tho first publication of this notice.
All claims not so presented will bo
fort vor barred.
Dated at Wailuku, September 12,
Administrator of tho Estate of
George Co;kett, lato of Kula,. Maui,
Sept. 14, 21, 28, Oct. 5, 12.
Any vehicles for repair in my shop
and not taken out inside of 30 days
after being finished will be sold for
labor and material used.
Wailuku, Maui. T. II., Aug. 20, 1907.
Aug. 31, Sept. 7, 14, 21, 28.
The Board of License Commission
ers for the Coun'y of Maui will hold
a meeting at. the public room in the
Masonic Temple, Kahului, 011 Mondav
the 1st, of October 1907 nt 2 P. M,
to consider the application of S. Ki.
mura, for a Wholesale Licenso to sell
intoxicating liquors at Wailuku hi
the two rooms of the building now'
occupied us a law office by A. N.
Kepoikai ai said Wailuku, under tho
provisions of Act 119, Session Laws
All protests or objections agaitist
the issuance of a license under said
application should be filed wjth tho
Secrotary of tho Board not later
than the tunc set for said heariii"
September (ith, 1907.
, H. C LINDSAY,
Secretary, Board of License Com
missioners. Soptembor 7, 14, 21, 28.
Do not throw away your
old books. Send them to
the Maui Publishing Co.,
Printers and Book-binders.