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THE MAUI NEWS
SATURDAY, MARCH 20, 1909
should bi the first requirement in nil foods. Pre
serves, jellies, relishes, sweetmeats, etc. are often
put up with sutille.ini iln voriii?, coloring;, or preser
vative's. There's no neeil to tell an intelligent
house-wife that these are harmful dangerous, in
are absolutely pure. That is a faet that is known
and recognized the world over. And that is. the main
reason why they taste the best. Nothing is ever
sold under a HEINZ label that is "olT color" in
I Just Enough
Many people need nourishnient.anil SlouL is reeoni-
mended hy very prominent physicians. For this parti-
cular trade we hae- imported it in half-pints, just ZS
enough and no more. No waste. Wo have also just
received a consignirient of Lexington Club S
Whiskey in bulk and in bottles. There is none Z5
Maui Wine & Liquor Co.
JIUUJlUlUiWllM JUJWttttilli iUJJUUilUtUttiMUUUl (It Jill
Wo have in exhibition in our show room a choico
selection of nickel plated BATIIK00M ACCESSORIES, such as
Soap Dishes for tho Bathtub,
French Plato Glass Mirrors.
Soap Dishos for-lho Wall,
, ' Soapjand Spomro Holders,
Towel Bars in various sizes,
'Towel Racks, 2-3 and 4' fold,
Comb and Brush Trays,
I Tooth and Brush Holders,
Kobe Hooks, etc.. etc.
To roalizo thoir beauty anil usefulness thoy
must 'be seen and used. Taken as a whole these
fittings aro tho most artistic, practical, easily cleaned
and theroforo tho MOST SANITARY. ' 1
Our prices bring them within tho roach of all.
Wo invito your kind inspection.
KAHULUI RAILROAD CO.'S
Masonic Temple, : KAHULUI.
Delivered in Wniluku every Saturday
and at 1'aia mid IInmakti:ixko on
Wednesdays at lowest prices.
POTATOES, WATERMELONS, BUTTER, EGGS
POULTRY, SUCKLING PIGS, CORN, ETC
Telephone Orders to
A. H. Landgraf
Proprietor ka iUA iARM.
Telephone No. 359.
Fine Job Printing at the
Maui Publishing Co.
Maiiklt Swi....- vVaimiku
ANTONE BORBA, Prop.
Full line of populur brands of
WH KIES, GINS
Celebrated Primo & Seie
25c 2 Glasses 25c
(Continued from pane l.)
In short, this olliecr conserves
tlii' public good hy tlu enforcement
of law relating to prosecution and
punishment of friini'.
You and this Attorney General
properly working together for the
same good, both cooperate in ac
tion and also balance each other in
power and function in order to
avoid the evil elTeet of improvidence
on the part of either.
This Attorney General is not only
your safe advisor "o'ii questions of
law, but as he has had all criminal
matters in his care, and has been a
constant investigator of such cases,
he is in position to, and it is his
duty to bring to your attention such
matters, things and oaos as should
be investigated by you, and this
duty the Court is advised he will
Gentlemen, you enter upon your
present grave duties with no private
wants, no tears, no Hopes, no
hatreds, no favors, no enemies and
no personal desires whatever;
stern sense of duty to be performed
in justice and mercy and as our just
airtl benevolent laws command, is
your only desire and safe guide.
Remember, lite law itself is just,
wise and benevclent, and do not act
or think as bcintr yourselves better
or kinder or wiser than the law;be
the true exponent in this service of
Your duties are not legislative in
character, not to make law, but
they are, in nature, quasi judicial.
You are under the law and in
light of it, to investigate into alleg
ed wrongdoing, into crime, and if
you think sullicient eaiw for crimi
nai prosecution exists m any case,
you will rightly make presentment
jor indict the oft'endcr, and this
always for no private motive, pro
fit or gain, without fear or favor,
and under a sense of public duty
and of the solemn binding obliga
tion of your oaths as Grand Jurors
First, inquire .into the case of
each and every person now under
arrest for crime triable in this
Court, for as such persons itru now
in prison and not yet under indict
ment, it is due both to them and to
the public, that their cases are first
determined, to the end that speedy
justice be doiie them on the one
hand, if they should not be indicted
that they be set at liberty; and on
the other hand, that the punish
ment lag not too long behind the
crime, if they are to be indicted.
Second, find who are now held
under bonds, that is, who an; out
on bail, to apix'ar here and to an
swer, if you so determine, to a
charge of illegal, criminal wrong
doing, to a charge of having com
mitted in this jurisdiction an in
dictable ofl'ence; because they, hav
ing been charged, arrested, examin
ed, and put under bonds by the
magistrate for an alleged indictable
offence, and not yet indicted, the
question of their innocence -or guilt
should be speedily determined to
the end that if they ought not to ho
indicted the cloud over them be lift
ed, and that if they should be in
dicated that their punishment bo
kept, near their crime.
Farther, it is for you to inquire
into each and every alleged illegal
wrongful act, done in violation of
the criminal laws of Hawaii, and
which is indictable in this judicial
circuit, and this do without fear or
favor, without thought of yourselves,
and without any private or personal
bias or motive, and make present
ment in such cases as the law re
You may also inquire into the of
ficial acts and conduct of every pub-
Jic olriccr within this judicial cir
cuit, and find if there is or has lecn
willful and corrupt misconduct in
otlice, for malfeasance in office is in
general an indictable ofl'ence and is
always a matter for the investiga
tion and action of the Grand Jury.
You may also inspect condition of
the jail here at Wniluku and make
For your guidance in matters of
law you will have the aid of the At
torney General who will cause to be
presented to you for your consider
ation and action matters he deems
proper for your notice. IJo will aid
in tho examination of witness but
will not advise you as to the suffi
ciency of the evidence to cause you
to indict, or to take any special ac
tion in anymattor.-
An official interpreter may be
present during the examination of a
witness, when his aid is needed to
interpret testimony of that witness.
Except such interpreter, when
needed, no person excepting the At
torney General and the" witness un
der examination, can be present
when you are in session; and .dur
ing the expression of your opinion,
and when voting, no person, not
even the Attorney General, cat) be
Nor should . you discuss, among
yourselves, outside of the Grand Jury
room, any ease or matter which has
been or may be submitted for your
consideration. Neither should you
permit any person to' discuss with
you or any of you or in your pre
sence or hearing, any 'ease or matter
which is or may be before you as a
You are sworn to secrecy as to all
matters and all the business brought
g had before you, and so is every
witness, as your Foreman will in
You have no power to summon
the accused before you to testify in
his own case or behalf, nor can he
appear in person or by attorney.
The accused and all outside parties
are not supposed to know that his
case or any oilier particular case is
being examined by you.
However, ifvthe Grand Jury has
sullicient reason to think, and does
think that the charge is groundless
and that there are facts which will
show this and fully exculpate the
accused, that such facts will explain
away and render of no effect the
testimony which has been given,
and that such facts an- within its
reach, then the (bund Jury may re
quire witnesses to be called to prove
such facts in order that truth and
justice may prevail and no one be
presented who is innocent.
You are entitled to all the .evi
dence which will throw light on the
subject under examination whether
it tend to prove guilt or innocence
of the accused.
Let no guilty man escape, hut let
no innocent man be indicted, when
there is other evidence within your
reach that will explain or do away
with that which would by itself
cause a presumption of guilt.
Yet you must remember that your
proceedings are ex-parte and are not
a trial of the case.
If you find an indictment, it must
be endorsed, "A TRUE BILL" by
your Foreman, whether he voted for
it.or not. It must also, on presen
tation, be endorsed by said Attorney
The indictment or presentment
must be handed to the Court by
your Foreman in presence of ,the
other Grand Jurors.
No member of the Grand Jury
can be excuded except by the Court,
and if any are absent or delinquent,
it will be the duty of the Foreman
to bring tho fact to the attention of
Court will convene at !) o'clock A.
M. and adjourn at 4:30 P. M., with
a recess from 12 M. to 1 ;30 P. M.
on all judicial days, except Satur
days, when the Court will adjourn
at 12 M. and these will constitute
your working hours, except, that if
you deem best you may begin morn
ing sessions at D;o0 A.. M. but not
You will be furnished with a copy
of these instructions. Your atten
tion is also called to Rule 3!) of this
Court, wherein you will find fonus
of the oath to interpreters, also oath
to witness before the Grand Jury,
and also the bath which you have
taken qualifying you as Grand
You will also note Court Rule 3-1
regarding secrecy required of wit
nesses and the warning your Fore
man is to give each witness.
A copy of these Rules will be furn
ished you so all these directions may
at .all times bo mid over by you.
You will elect ono of your number
to act as clerk or secretary, who will
keep minutes of your proceedings,
winch account of the business done
by the Grand Jliry will be handed
to said Attorney General, if you so
The Court appoints Mr. H. B.'
Penhallow to be your Foreman, who
will bo your presiding olliecr, and
will largely direct and manage your
order of business.
The Court appoints police officer
John Ferreira to be Ha Hi IT of the
When you retire to the Grand
Jury room, elect your clerk or Sec
retary, and proceed to business. The
Court will ask such Attorney Gen
oral to call upon you at once and
confer with you regarding any mat
ter he may wish to submit for your
investigation and determination.
It takes the affirmative vote of
twelve or more of your number to
find an indictment.
Finally, 1 urge upon you the im
portance of system and expedition
in tho conduct of your business that
you may finish the same with all
convenient and reasonable dispatch.
In short, take no more time than is
absolutely necessary for the proper
performance of the grave duties im
posed upon you.
You may from time to time make
such report or presentation as you
deem bets, and when your whole
duty as a Grand Jury for this term
and this jurisdiction is performed,
you will present to the Court your
Gentlonuli, you may now proceed
to the Grand Jury Room to enter
upon the grave duties of your pre
Dated at Wailuku, Matii, March
SELDEN II. KINGSBURY,
Judge 2nd Circuit Court, T. H.
Calaveras Big Tree National
Forest Bill Signed.
Washington, March 3rd: By
signing the bill for the creation of
the . Calaveras National Forest,
California, President Roosevelt has
completed the legislative act which
saves for. all tinle the most famous
grove of trees in the world. The
people of California, particularly
the 500 women of the California
Club, have been working to in
tereet tho Government in this
wonderful grove of Big Trees for
more than nine years, but not un
til now has it been possible tq
arrange a plan satisfactory alike
to the owner of the land and to
The Senate Bill passed by the
House of Representatives has just
been signed by the President.
Everyone interested in the great
natural wonders rejoices that as a
means of saving tho Big Trees, the
way has been paved for a practical
exchange of the timber in the
groves for stumpage on other forest
land owned by the .Government.
The first Calaveras Bill was intro
duced inhe Senate four years ago
by Senator Perkins of California.
Bills for the sauio purpose were
passed in the ufipor house of Con
gress a number ..of times, but
always failed of favorable con
sideration in tho House until
Senato Bill 1574. also 'introduced
by Senator Perkins, was .called up
by Congressman S. G. Smith, of
California, last week.
Robert B. Whiteside, of Duluth,
Minnesota, a prominent lumber
man operating man the Lako, StatpB
and on the Pacific Coast, is the
owner of the Calaveras Big Trees.
After his agreement to the pro
posals which aro simply a practical
exchango bt timber for timber, tho
entire California delegation gave
its solid and enthusiastic' support
to the bill. No nnnronriation is
needed to carry out the provisions
;f tho act.
The land to be acquired under
the bill includes about 0GO acres in
what is known as the North Cala
veras Grove in Calaveras County,
and 3,010 acres in the South Groyoj
in Tuolumne County. Tho North
Grove contains ninety-lhree Big
Trees and in tho South Grovo there
are 1,3S0 of these giant sequoias,
tny tree under eighteen feet in
circumference, or six feet through,
is not considered in the count of
large trees. Besides the giant
sequoias there are hundreds of
sugar pines and yellow pines of
astonishing proportions, ranging
to the height of" ''" feel and often
attaining a diameter of eight to
ten feel. There are also many
white His ami incense eedears in
the two tracts. A government
study of I he land was made by a
field party under the direction of
Fred G. Pluinnier, United States
Forest Service, iji lUOli.
The Calaveras Big Trees aro
known the world over. The North
Grove contains ten trees each hav
ing a diameter of twenty-five feet
or over, and more than seventy
having a diameter of fifteen to
twenty-five feet. Most of tho
trees have been named, some for
famous generals of the United
States anil others for statesmen
and various stiites of the Union.,
" l'he Father of tho Forests," now
down, is estimated by Ilittel, in
his "Resources of California," to
have had a height of 450 foot and
a diameter at tho ground of more
than forty feet when it was. stand
ing. "Massachusetts," contains
118,000 hoanl toot of lumber;
"Governor Stoncinan'' contains
108.000 board feet, and the "Mother
of the Forest," burned in tho terri
ble forest fire which licked its way
into a part of the grove last
summer, contains 105,000 board
feet. Each of these trees named
grows as much lumber as is grown
ordinarily on fifteen or twenty
acres of tunberland. Tile bark
'runs from six inches to two feet in
thickness. Among tho other large
named trees in the two groves are
' Waterloo,'" " Pennsylvania, "
"James King," "Old Bachelor,"
"Pride of tho Forest," "Daniel
Webster," "Sir John Franklin,"
"Empire State," "U. S. Grant,"
"W. T Sherman." "J. P MoPher
son," "Abraham Lincoln," "Con
necticut," "Ohio," "Grovcr Cleve
land," "Mrs. Grover Cleveland,"
"Dr. Nelson," "General Custer."
"Dr. J. W. Dawson," "General
Hancock." "Knight of the Forest,"
"Two Sentinels," and "OULDowd."
IN THK CIRCUIT COURT OF TIIR
SECOND CIRCUIT, TERRITORY OF
In Probate-At Chnmhers.
In the Matter of the Rstate of r.
KRALIIPOINA, late of Kaannmll. Mntii.
deceased, before Judge SUIJ)ISN II.
Order of Notice of Petition for Allmr.
ance of Fiual Accounts and Discharge in
iuis i'.si:ue. i
On Reading and Filinc the Petition
and Accounts of Joseph F. Welch, Ad-
Rstate of P. Kealiinoina. dccensr-il
in he asks to be allowed nothing and he
charges himself with nothing, and asks
that the same may be examined and ap
proved, and that a final order ihay be
made of Distribution of the property re
maining in his hands to the
thereto entitled, and discharging him
and his sureties from all further resign
sibility as such Administrator.
It is Ordered, that Monday, the loth
day of April, A. D. iooq. at io o'clorfc a
M. before the Judge of said Court at .the
Court Room of the said Court at Wailu
ku, Island of Maui, be and the smile
hereby is appointed as the timo nml
place for hearing said Petition and Ac
counts, and that all persons interested
may uien and there appear and show
cause, if any they have, why the same
snouui not De granted, and may present
evidence as to who are entitled tothesniil
property. And that notice of this Order.
in ttie Jinglisli language, be published in .
the "Maui News," n weekly newspapers
printed and published in Wailuku, (or
three successive weeks, the Inst nui.ii.
tiou to be not less than two weeks
ious to the time therein nppointed for
Dated at Wailuku. Maui', this 8th dnv
of March, 1909,
HY ORDIJR OF Till? COURT:
'(Sib KDMUNDH HART
Clerk of the Circuit Court of the Second
March 13, 20, 27. April 3.
Do not throw uwnv vrnm
old -books. Send them to
the Maui Publishing Co.,
Printers and Book-binders,