Newspaper Page Text
SATURDAY, MARCH 5, 1910
THE MAUI NEWS-
Kuhio Objects to Congress
Passing Prohibition Law.
Tlio following is from tin- (.'on
grcssional llcconl :
Referring to tljo liill (S. 0253)
now pending before tlio Senntr Com
fhittee on the Pacific Islands and
I'orto Rico, to enact a prohibitory
law for the Territory of Hawaii, I
tUire to nubniit the following facts
'fid considerations, each of which
has n direct bearing on the principle
involved in the proposed legislation:
First- That for over half a cen
tury previous to annexation Hawaii
enjoyed a constitutional government
and was recognized as an indepen
dent nation, Kith by the European
governments and by the Tinted
Second. That Hawaii did not be
come a Territory of the United
States either through conquest or
purchase; that its annexation' was
brought about solely and only, by a
treaty negotiated between two sover
eign nations by commissioners ap
pointed by the United States of
America and the Republic of Ha
waii, respectively, and treating as
Third. That the treaty entered
into on the ICth day of June, 1897,
by the representatives of the two
Governments stipulated the terms
on which such annexation should
Fourth. That the Hawaiian Sen
ate on Septemlur 9, 1S.7, ratified
the alove treaty in the following
"Be it resolved by the Senate of
the Republic of Hawaii, that the
'Senate hereby ratifies and advises
and consents to the ratification by
the President of the treaty ln tween
41. n lr.lilllil 11 rt 1 I V' mill f 1 W
United States of America on the
subject of the annexation of the
Hawaiian Islands to the United
States of America, concluded at
Washington on the 16th day of June
A. I)., 1SU7-"
Fifth. That the above treaty was
ratified on the part of the United
States by the Joint Resolution of
annexation approved July 7, 1S98.
That resolution recites, in part,
"Whereas the Government of the
Republic of Hawaii having in due
form signified its consent, in the
manner provided by its constitution,
to cede absolutely and without re
serve to the United States of Amer
ica all right of sovereignty, of what
soever kind, in and over the Hawai
ian Islands, etc.: Therefore
"Resolved, etc., That said session
is accepted, ratified,, and confirm
In order to further carry out the
mutual character of that treaty the
joint resolution further provided:
"The President shall appoint five
commissioners, at least two of whom
shall Ik- residents of the Hawaiian
Islands, who shall recommend to
Congress such legislation concerning
the Hawaiian Islands as they shall
deem necessary or proper.'' '
President MeKinlcy, in pursuance
of the above, appointed Hon. S. M.
Cullom and Hon. John T. Morgan
of the United States Senate; Hon. R.
..R. Hitt, of the House of Representa
tives; and Hon. Sanford . Dole
and Hon. W. F. Frear, of Hawaii
This commission, after extensive
hearings held in Hawaii, and after a
thorough consideration of all local
laws and conditions, reported a
form of organic act for the Territory
.J iliunii. which act. in all sub
stantial forms, enacted into law by
the tu t of Congress, approved April
Sixth. That because Hawaii, as
an independent government, volun
tarily ceded its domain to the Uni
ted States, in view of the high stan
dard of self-government already at
tained by the people of these islands
and further, localise of the inherent
reasons for giving an isolated com
munity such as Hawaii the largest
measure of local autonomy, the
congress saw fit to confer Upon the
Territory of Hawaii in its organic
act certain broader powers than have
ever liecii given to any other Terri
tory of the United State.
Seventh. That !cea use of the sa
tisfactory showing made by the ter
ritorial government of Hawaii since
annexation Congress has seen fit to
enlarge those powers of self-government
in certain respects, and in no
case heretofore have those powers
been lessened or infringed upon.
Eighth. That section " of the
organic act provides:
"That the legislative jMiwcrs of
the Territory shall extend to all
rightful subjects of legislation not
inconsistent with the Constitution
and laws of the United States locally-
"Ninth. That, acting under the
legislative authority visited in it by
the organic net, the territorial legis
lature has enacted a rigid la w for the
regulation or the liquor traflic in
Hawaii. Under this law a lnwird of
license commissioners is appointed
by the governor for each county.
The members of these boards serve
without remuneration, and no one
interested, either directly or indi
rectly, in the liquor business can be
a member of such boards. The cit-
As to the character of the Hawaiian ma should lie rcimrtcil as so born,
iconic ami their capacity for self- although at the time of birth .the
government, it should be remember- particular region may have had a
ed that through their legislature, different name.
elected under the Constitution, the Relative to conjugal condition,
Ibiwnii.m lM'oiile had self Kovern- the enumerators are to report
inent long before either Arizona or whether the person is single, mar-
New Mexico became a territory of ried, widowed, or divorcctl. MniTieii
the United States; that they enjoy- persons are to be asked if they have
d self-government before the States been married before. If the present
California, Oregon and Washington marriage is the first, the fact is to
,..,1 i.ven nel.ieved n territorial sta- be indicated by the sign Ml;
Ins. that for three-nuarters of :ccn- but if it is the second or subsequent
tury they have had a public-school marriage, then the enumerator is to
.i...- i. .n;..ii.u write .M nieniiinir married
SJSICIII, O 11IWI I'tlll .111.1 i - '
that the percentago of illiteracy more than once.
among Hawaiian? is less than that The question calling for the mini-
if the great State of Massachusetts, her of years of the present marriage
Tim uii'i mmons testimony of near-1 is declared by the Census JHireau to
lv Kit) Members of Congress who apply only to persons reported ns
l.nv.. visitedllinviiii since annexation married, ami the answer snomu
is that it is one of the most progres- give the number of years married to
iv,. Aiin.ric.iii communities under the present husband or wife. Thus
the Hag'. .Upon what grounds, then, U 'woman who may have lieen mar-
4i, r',.,,,,. vi.ditfiillv -ioLrle ried for 1U years to a lormer nus-
v v-.. . ... . . , ,
,..,t lw Tevritr.rv to lessen its band, but has been married only d
right to administer its purely local yw to her present husband, should
m.v..i.mr.nt nffnirs? be returned as married , years.
"""" " 1 .... . . ..ill
Tl... ,,.,.,..Tnti,.it of . Ihiwnii. as I he number of years entered should
nhnv... shown, wax secured bv the the mimU-r of completed years.
1 'I. !-
I'niteil Shit cm under terms of mutual I A person Who on April 10, me
V ........ V , - - ... . . ,
agreement with an independent gov- ('w Hay," has been married d
I i i .i -..i 1.1 i. -
eminent as to the degree of self- ys anu ii n.oouis m.ou.u
.. 'i.i. turned as married .- vears. I'or a
government it nun iu t-njoj nsiim-
rJh.rv of the United States. It is Person married less man i year, me
I . . . I I t i.l
A . 1 P 1
are, for the most part, men oi tns
tinctly temperance sentiment. In
fai t, in the county of Kauai the
lioard has refused to issue any saloon
licenses whatever, thus practically
establishing local prohibition on one
of the four largest islands of" the
If the Congress should pass a bill
repealing the liquor law enacted by
the Hawaiian legislature, and thus
leave the liquor business wholly un
restricted in Hawaii, such an act
would at once be recognized as
violation of the rights conferred on
the citizens of Hawaii to regulate
their doinesic affairs and to establish
their own police regulations.
Roth in principle and in fact the
pending bill similarly invades the
self-governing powers conferred by
Congress on the Territory of Ha
waii to be exercised by its elected
MAUI PUBLISHING CO.,
FINIi JOB PRINTING
BOOK BINDING AND
GENERAL PLANTATION WORK A SPECIALTY
SUBSCRIBE) FOR TUB
THE PAPER THAT ADVANCES
THE INTBRE8T8 OH MAUI
izens now serving on these iKiardsltherefore respectfully submitted that entry is to be "O," meaning
nnv limit'itSim f tlmwp ' riirlita mn tluin 1 year,
be rightfully made by the Congress Jn the case of persons speaKing
..!,. ,w1..r.m.. ..f fwo i-oiiditiiins. Polish or rcixirting mat they were
viz, cither that it lie shown that the ho m Poland, which is no longer
misuse or abuse of that self-govern- independent country, the enu
ment in a given particular is injur- merator is to inquire whether the
v.wi..v.il ,v,.vni,iei.t .niul the birthplace was in what is now
people of the United States, or else known as German Poland, or Aus-
that it be legislation desired of Con- fian I'oland, or nussian i o.ano,
...,! ;,...;ir f !.. n-,ti,m and he must write the answer ac-
,,f llaw-nii cordingly as Poland (Ger.), Poland
v..5iwir ..f ....iwlitmns (Aust.), or Poland tuuss.;
v.. ..... . .,.,.
t.nininLr in the case of the snecial It the hirthpiace reix.ue.i is ana-
. . i i.c .i... I tin . the enumerator is reauired to
legislation now peniliiig oeiore i in- . i-i ri
u f T .lfll,. i,l.mit. flint asK wiiemer me jwrsou lsoi J-...K11S11
the enacment of any legislation of or I'renen oesceni
POST OFFICE BOX 5 TELEPHONE NO. 310
HIGH STREET, WAILLKU, MAUI COUNTY.
OTICB OF SALE OH PUBLIC
LANDS, ISLAND OH MAUI.
IN THE CIRCUIT COURT OF THE
SECOND CIRCUIT, TERRITORY OF
In Probate At Chambers.
In the Matter of the Estate of Keanini
t ie enacment, oi any legislation oi ----- ...... , , . . ., , , . i
,. , ,ii fUiiLT or Cinada (Fr ) accord- ate of Waikapu, Maui, deceasetl. .
this churaeter would be an invasion Ob J, Uiii.ki.i t r .), i pursuant
of the rights of self-government con- mg to t he answer. to an order of the Honorable SeUlen B.
ferredon the citizens of Hawaii, The question calling for the year Kingsbryi Ju(ige of the above entitled
and it would necessarily violate the ,f immigration to the United States Courtt tUe uudersigned was on the i9th
moral obligation of this government applies io no .v,,.-.,, ,.,.y u. j,u., . . ri-
1 b . .l l f,l ,.f ,.1,. ,t,vr.r !.ta'1 ed adm nistrator of the estate of Keani-
to adhere to the spirit and terms of ' - ni tlecease(l, and that letters of Adininis-
.!........ i. .i.:..i, a..,.r,l It should be answered, therefore, lec ,...., t ...
Willi lu i 'v i At u i"i m i'j luvtvu tia- living iiiiMi i tniivn iw vv.. i iratiou nave iiccii iuw
lecislature: it would, in effect, Ik- the voluntary cession of the inde- person wn .se Ugned.
no less an invasion of the right of pendent government of the Ilawa- 3 111 11 8n country, ine enu-
limst. enter the vear ill
home rule than would an act legaiiz- nan islands. ,., , . .i it
ing the sale of liquor to all persons The Hawaiian legislature, eon- "hieh the person came to the Lint-
nnil in all places in the Territory. Vened in special session in Novem- ""
vi. ti.n le f ffnu-Mii ,vp i iw nn,-wl n v.int i-csobitioi. United States more than once, the
up their independent government protesting against the passage by p'('ar of llls nis' nmva 18 "
to hecome a l err.tory ot me t nte Congress of any such icg.smtion as natllralied date being date of the first publication of
States they knew that Congress the pending measure. "L ""1"' .... Laid notice: otherwise, such claim, if any.
would of necessity have plenary As the elected representative of or ai.e applies on.y to i. ie.gu-.K.u wiU foreverbarml.
legal authority to legislate oir any the citizens of Hawaii I join in that mal1'8 "l yeuV9 ,f ,,gc a,tl ov'r 4U Dated at Wailuku, Maui, this 26th day
.... .. . . rr, ..... .... ilirf.u lKlt. nnillV tO femaleS. tO .. n men
subject whatever aliecting the icr- protest, and ask that no right tor . ' , U1 1 j
i ..... .i-i. ... ..... 1 .1 foreiirn-born minors, or to any male CHAS. ILCOX,
All creditors of said Keanini, deceased,
and of said Estate are hereby notified to
present their claims with the proper
vouchers, if any exist, even if the claim
is secured by mortgage on real estate, to
the undersigned at his office at Wailuku,
Maui. Territory of Hawaii, within six
months from the date of this notice, said
At the front door of the C6urt 'House,
Wailuku, Maui, at t2 o'clock noon, Sat
urday, March 26th, 1910, there will.be
sold at public auction under Tart IV,
Land Act 1S95 Section 276, Revised Law9
of Hawaii, the following:
Three (3) lots situate at Nahiku, Koo-
Lot No. Area. Upset Price.
54 6. 1 1 Ac. agricultural land f 122.00
55 6-56 " . " i1-00
56 14.00 " " 350.
Purchaser to pay cost of Patent- and
Cost of advertising to be paid by Pur
chaser. . .., ...
For maps and further particulars,.,
apply to W. O. Aiken, Sub-Agent 4th
Land District, Makawao, Maui, or at the
office of the Commissioner of Publie
Commissioner of Public Lands.
Dated at Honolulu, February iS, 1910.
Feb. 26. Men. 5. 12, 19, 26.
Relative to Native and For
eign Born People.
vitf.rv in of her words, that While I l.wiwlntn .111 Bill, nets if local ad.
...V.., . I . t.l.TlVV - -
the Congress, by the organic act, re- ministration shall be taken from us
served certain legislative powers to till it be shown that we are incap
legislate on all subjects affecting iVl,le. of proper self-government in
those islands would still inhere in What particular.
the Congress. , Respectfully submitted,
Hut the people of Hawaii trans
ferred the sunrenie authority of
their Government to the United
States, believing that the establish
ed principle of this Nation would
never admit of its interference with
rights of self-government conferred
on a Territory, particularly when an
independent country was made a
Territory of the United States for
the mutual benefit of both countries;
and we still lx-heve that the Con
gress, in legislating for Hawaii, will
lie governed by moral obligations
and a regard for good faith ami will
not, knowingly and without good
cause, revoke 11 previously conferred
and important iower of self-government,
even though it have the nak
ed legal power so to do.
It is noteworthy that the landing
bill does not provide for prohibition
"in the Territories of the United
States," nor even for "the insular
Territories ami possessions of the
United States." Instead it is lim
ited to Hawaii only implying that
such paternal legislation is needed
more there than in Arizona, New
Mexico, I'orto llieo and the Philip
I resent this rcllection on the
people of Hawaii, lncause there are
no facts and conditions to justify it.
As already stated above, the liq
uor laws in Hawaii are more res
trietive than in the average State
where the trallic is permitted at all
Feb. 26, March 5-12-19-26.
foreiirn-born minors, or to any male
bom in the United States. If the Administrator Estate of Keanini, de-
nerson was born abroad, but has ceHScd'
hecome a full citizen either by tak
ing out second or final papers of
naturalization or through the na
turalization of In parents w hile he
wna miller the aire of 21 years, the
IN THE CIRCUIT COURT, SECOND
CIRCUIT, TERRITORY OF HAWAII
In Probate At Chambers, No. 1350.
In the Matter of the Estate of JOHN
write "Na" (for SWIFT, lateof Waikapu, Maui, deceased.
enumerator is to
naturalized.) If he has declared
his intention to become an Ameri
can citizen and taken out his "first
papers," the enumerator is to write
Al" (fur alien)
Order of Notice of Petition for Allow
ance of Accounts, Determining Trust and
Distributing the Estate.
On Reading and Filing the Petition
and accounts of John Crowder, of Pakole
Koolaupoko, Oahu, Administrator of the
. I Estate of John Swift, deceased, wherein
to 1 ... .. , . 1
.... . . . . 1 1 ;i ..
The inquiry as to me auiuiy 10 - .
1 PEIIIIUI'VI aonm ,
speak hnghsh applies to all persons . , uu , Bml asVs tlliit lUe
10 years of age or over. If Knglish I s.iine be examined and approved, and
is snoken. the enumerator 'must that a final order be made of Distribution
M.liKET &i'Bt WAILUKD
ANTONE BORBA, Prop.
Kull line of popular hranils of
V1NKS, LIQUORS, ' '
Celebrated Prirao & Seaie
Bottled Uer '
25c 2 Glasses 25c
Washington, D.'c., February Hi,
1010. What the ceivsus enumera
tors are required to learn regarding
the place of birth of native-liorn and
foreign-born persons, and other ixt
sonal facts concerning the latter
class, in taking the Thirteenth
United Slates Census, In-ginning
April 15 next, is fully set forth in
the printed instructions prepared by
the United States Census l'.ureau to
guide them in filling the lxipulation
schedule. It is pointed out that all
the ouestions relate only to condi
tions existing on April lo, the
On the subject of place of birth of
a native-liorn person me himur
tions state that if the person was
born in the United States the
Limine rnt.'ir is to L'lve the State or
Territory (not city or town) in
which born. A im-i-soii Ihhii 111
what is now West Virginia, North
Dakota, South Dakota, or UUaho
write lmirlish " in the
in ho itrtiiur 01 uic ri-mmiiiuu jV'i"i- j
ifi , . thereto entitled anil discharging peti-
i..iUr ami fiurtiPK triim Mil fiirLlier re-
able to speak English the ibility ,lert.in:
enumerator IS required, 111 such u is ordered, that Wednesday, the 6th
cases only, to write out the name of day of April, A. D. 1910, at loo'clock A.
M. belore me juoge presimiig hi v.uam-
,1 Court at his Court Room 111
the language spoken, as French,
(icrmah, Italhn, etc. If more than
one language is spoken by a person
who, however, does not sin-ak
English, then the enumerator is to
write the name of that language
which is his native language or
CONTRACTOR and D U I L D E It
Plans and Estimates Furnished.
Small Jobs and Repair. Work by
Day or Contract.
Watixku, Maui, T. II.
n. nnt thrnw nwav voilP
old books. Send t lie in to
the iMnul Publishing Co.,
Printers and Uook-binders.
Wailuku, Maui, be and the same hereby
isamiointed the time and place for hear
ini? said I'L'titiou and Accounts, and that
all persons interested may theu and there
aoiK-ar and show cause, if any they have,
whv the same should not be granted,
and may present evidence as to who arc
eutitled to the said property. And that
notice of this Order, be published 111 the
Maui News," a weekly newspaper
printed and published in said Wailuku,
Mam. for tnree successive weens, ine msi
publication to be not less than two weeks
previous IO IMC Ullic liliricn. afii.t,
lor saiil hearing.
Dated the 24th day of February, 1910.
(Siaued.) S. H. KIXGSDL'RV,
Judge of the Circuit Court of the and
(Sk'ued) F.DMl'NO It. IUkT, (Seal.)
t'lerk of the Circuit Court of the jnd
Feb. 26. Mch. 5, n, iy.
Vk444v 60 YEARS
1 1 .
' Trade Marks
rHtt Copvriqht Ac.
Anronni1liif Bikvtrh nd dweriptlon T
untcklv a.crliii our opinion fre wlilner an
liiT.nllon 1. prohahlr putemnhle. Conioiunlr.
t1,,iT..ir1cllr'.,,olentlVl. HANDBOOK onl-Mauta
ail free. Oltl.rt uiancr fur .eouring pteui..
I'umiit tn Uirough Muun Co. rl
tprrtui fuitic.. without cliHraa, lathe
A haniliomelT lllnrmlt wwklr. I.nrt rtr
cui.ii.iii t nr .oiomtuo Journal. 4riri. J
rar; four muiitua, IL Bold b all Mwadealerj.
MUNN & Co.88,Bm"-'- New York
LOOOCMAUl, No. 08 A, A. H. & A. M
Stated meetings will be held at
Masonic Hall, Kahulut, on the first
Saturday uubl of each mouth at 7.30
Visiting brethren are cordially iu
vited to attend.
J. S. S. WILLIAMS II. W, M.
H K N J A M IN WlLLIA M S,
t. f. Secretary,