Newspaper Page Text
r ' THE MAUI NEWS : SATURDAY, APRIL 2 1908
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I irmintim fan i
MILK THAT KEEPS
pure and fresh till you want it. no mutter how warm tlu
weather. Milk thut is thoroughly sterilized by hygienuj
process that retains all the Natural Quality and increases the
riehness and Butter Fat by1 i vnporization.
Supreme Court Holds Act of
It is guaranteed to keep till
three or four days. Its riehness
purposes and for tea, coffee, etc.
H. Hackfcld & Co., Ltd.
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We have the fipst output
of the season in pints and
1 Maui Wine
SOLE AGENTS FOR MAUI.
Wo have in exhibition in our show room a choice
selection of nickel plated BATHROOM ACCESSORIES, such as
Soap Dishes for the Bathtub,
French Plato Glass Mirrors,
Soap Dishes for the Wall, 1 .
Soap and Spontro Holders,
Towel Bars in various sizes,
Towel Racks, 2-3 and -1 fold,
Comb and Brush Trays,
Tooth and Brush Holders,
Robe Hooks, etc., etc.
To realize thoir beauty and usefulness they
must be scon and used. Taken as a whole these
fittings are the most artistic, practical, easily cleaned
and therefore tho MOST SANITARY.
Our prices bring them within the reach of all.
We invito your kind inspection.
KAHULUS RAILROAD CO.'S
Masonic Temple, : : KAHULUI.
ALOHA LODGE NO. 3 KNIGHTS
Regular meetings will be held at
tho Knights of Pythias Hall Walluku
on Saturday, April 11 and 25.
All visiting members are cordially
invited to attend.
J. II. NELSON, C. C.
I). 11. CASK, K. OF R. & S.
tin; can is opened, and then for
makes it the best for cooking
I1 WIHIIIUI(H I
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LODGE MAUI, No. 1)84, A. P.&A.M
Stated meetings will bo held
Masonic Hall, Kahului, on tlio first
Saturday night of each month at 7.30
Visiting brethren are cordially
vlted to attond.
1). C. LINDSAY R W. V,
& Liquor Co,
t. f. Secretary,
Tho limitation in Section ftb of
the Organic Act of bonded Indebt
edness of a subdivision of the Terri
tory to a certain percentage of the
sscsscd value of taxable property
f such subdivision refers to pro-
In. lit, infnlitn K,illl Dill wl llMOIAtl
ml a county without the power of
taxntion has no nower to issue
Such is the gist of the decision of I
the Supreme Court that knocks out
the act that meant so much to all
the counties and Mum in particu-
Tho decisions makes it plain that
no criticisim can iustly bo made of
the part played either by the Conn
ty Supervisors oi of the Legislature
Tho limitations embodied in the
Quranic Act makes the issue im
The gist of the decision is con
tained in tho following paragraphs:
"The case presents but four
piestions which require serious
consideration, namely; (1) The
ffect upon tho Act 139, which
uithonzed tho bonds, ot tlie pro-
ision for its taking effect upon the
lato of its approval by the presi
dent of the United States, tho ques
tion being whether this is a delega
tion to the president of law making
nower: (2) tho effect unon the
bonds of the failuro of the super
visors, prior to the enactment of
Act lo'.), to fix tho lime tor pay
ment of the bonds; (3) whether
making the county bonds a charge
on the revenues of the county de
rived from the Territory affects the
security of the Territorial bonds'
the navment of which is a first
charge upon the territorial re
venues; (!) whether tho Organic
Act rcouires as a nrcrequisite to
the issue of county bonds that
thero bo property taxable by tho
county for securing their pay
(1) By Section 49 Organic Act,
Act 139 becomes a law when it was
nassed over tho governor's veto.
By Section 55 Organic Act tcrri
torial or county indebtedness could
not be incurred until approved by
thepresident and by Sec. 1 of Act
139 the issue of bonds was subject
to his approval eo that the section
was not required in order to au
thorize thoir issue. The mere post
ponement of the taking effect of an
act until a stated time or until an
event which may or may not occur
does not render the act incomplete
legislation. A majority of the
court think that the fourth section
is not intended to require tho pre
sident's approval in order that the
act should become law and there
fore is not an attempted delegation
of law making power.
(2) The resolution of the board
of supervisors does not strictly
comply with tho requirement of
Section A Act 05 S. L. 1907 as to
fixing the "term" of tho bond
issue, but Act i.u, which recites
the resolution and refers to it as
"in accordance with the provisions
of said Act (55," authorizes the
treasurer to issue bonds ''under
and in accordance with tho pro
visions of Act 05." (This may be
considered as snowing tnat uio
legislature regarded tho resolution.
as a sufficient compliance with Act
05 or as dispensing with a literal
compliance in this respect, tho net
not being in the nature of a funda
mental law but being subject to
modification or amendment.
(3) Tho third ground is entirely
untenable since the first charge up
on the territorial revenues would
bo the territorial bonds. Tlio conn
ty bonds alt HougH cliarged upon
county revomiB derived trom tern
toiial revenues, would necessarily
be a second charge.
(-1) Tho most difficult question
in the case is whether tho uniita
tion of indebtedness which a coun
ty as a subdivision of tho Territory
may incur in any one year tur
ganie Act Sec. 55), namely, one
per centum upon the assessed value
ofMaxable property of the county
shown by the last general assess
ment for taxation, implies that the
property upon the assessed value
of which the amount of indebtd-
ness is determined shall bo taxable
by tho county. Ordinarily a power
to issue municipal bonds implies
power t,o levy taxes for their pay
ment. The inference that in limiting
county as well as territorial indebt
edness to a percentage of the tax-
ahlo property of tho county or
Territory , respectively, congress
intended property taxable by the
county or Territory, whichever
should issue the bonds, is support
ed by the fact that such limitations
are almost invariably referred to
the value of taxable property" as a
standard, not merely as furnishing
a convenient figure but "in rela
tion to the sources of payment"
(Litchfield v. Ballau), 11-1 U. S.),
that is, to the power of taxation by
the municipality itself.
If the provisions of tho Organic
Act of this Territory, limiting in
debtedness which may bo incurred
by tho Territory or any subdivision
thereof to a porccnUigo of tho as
sessed value of the taxable property
of the Territory or subdivision as
shown by the legislation impairing
tho obligation of contracts which
may bo applicable under the pro
vision in the Organic Act, Sec. 3,
that the constitution "shall have
the samo force and effect within
tho said Territory as elsewhero in
tho United States."
Whatever may have been the
object which congre.3 had in view
in prescribing the method of limit
ing tho, issuo of county bonds by
rcferonco to property ' taxable by
the county it is enough to say that
such limitation clearly appears to
have been made.
On the fourth ground above men
lioned the planum is entitled to
an injunction restraining tho do
fondant from issuing the bonds.
I am prepared to furnish you anything,
you may want in
I have two second-hand Oldsmobiles for
sale, both in good working condition.
$200 and $400.
E. O. BORN.
Will Make Cement
Honolulu, April IS. Frank L.
Winter, who resigned from his posi
tion as chief office deputy under
United States Marshal Hendry dur
ing the past week, will leave for the
mainland in the near future on a
matter which should bo of great im
portance to Honolulu and tho Terri
tory, lie goes to make the arrange
ments for the installation of a large
cement manufacturing plant which
will be located in or near this city
and through which the cost of
cement in the local building bus
iness should bo reduced consider
At present there is between 00,000
and 70,000 barrels of cement im
ported to this city annually and,
with the enormous amount of gov
ernment work which is at present
in sight, this amount should be
greatly incveased. The cement im
ported here means that in the vicin
ity of $250,000 per year leaves this
Territory which will remain if the
cement business is taken up and a
first class article is produced.
Tho starting on tho cement in
dustry has followed the lime bus
iness in which Mr. Winter, W. W.
Harris and several other local men
are interested. The liyie is obtained
from Waianao, at an elevation of
from sixty to eighty feet above the
sea level. In examining these de
posits a rock was found a little fur
ther back which it was thought
would make a fine quality of cement.
On following the matter out it was
found that thqse conclusions were
accurate and it was decided to
have tests made which would prove
tho worth of the stone.
Specimens were therefore taken
out and sent to a number of main
land concerns for examination. The
Federal experiment people at Wash
ington were furnished with samples
and asked to give a report, which
they readily agreed to do. One of
the largest and best known among
the cement firms in the country,
located in Pennsylvania, was also
asked for an opinion on the adapta
bility of the rock for the purpose
From all sources- to which the
samples were sent most encouraging
answers were received and it seems
now to be practically settled that
Hawaii will have another industry
added to her collection. This will
mean the keeping of over a quarter
of a million dollars per year withjn
the Territory which would otherwise
be sent away.
Returns to Maui.
Charles Broad of Yokohama re
turned to Maui last week on a short
visit after an absence of fourteen
Mr. Broad formerly lived in Ka
hului and was well known on Maui
where he resided for many years.
He was busy while here renewing
old acquaintances and many of his
old friends called on him while he
He says his relations with the
Japanese have . at all times been
pleasant but says that the Jjipanse
arc even more clannish in their own
country than they are here. Ho said
that if so much as one white mecha
nic should he employed to work ovor
or with as many as two hundred and
fifty Japanese every one would in
stavtly quit work. He has been
thoj superintendent of tho freight
department of the Pacific Mail Steam
Ship Company for many years,
which position he still holds.
H. OK AMUR A
ICE CREAM PARLOR
Orders taken for ICE CREAM,
FRUITS, NUTS, CIGARS.
Ico Cold Drinks Always on Hand.
Market St. : : Wailuku, Mau,