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P' What 'is Best for Maui s M' A TT'"1 TVTT" li!TO ' If you wish Prosperity
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fflBlf : V0LUME"XVII WAILUKU, MAUI, H, T., SATURDAY. TUNE 18, 9I0 NUMBER 18 Jjj
To Expect Fair Treatment
Tactics of "Smart Attorneys"
Gentlemen drawn as jurors:' You1
are of those listed for jury duty dur
ing this calendar year, and now
have been regularly drawn and sum
moned for this June term of this
Court, during which you are to aet
as judges of matters of fact and to
be in this respect the Court.
f It is for you, the swdrh, to 'be as
such judges and to hear evidence, to
weigh it. to judge of the credibility
of witnesses, to listen to argument of
counsel, to consider, to judge and to
decide. Your functions are judicial
and you arc in effect the Court as to
the facts in cases tried before you.
Government in its very nature is
divided in Legislative, Judicial and
In absolute monarchial govern
ments all these powers and functions
are vested in one and the same per
son called, an Emperor or King.
' Our form of government is self
government. The people reign and
rule. By "necessity this is. done by
their chosen reprentatives.
And now in the ancient capital
of Hawaii, where the first written
Constitution of these Islands was
recommended in the year 183!), you
are met to exercise that function of
government called Judicial, which
deals with right and aims at Justice.
Thus acting, you are one- of the
three coordinate branches of this
Government; and in your sphere of
office and function as a jury, you
are independent, and absolute in
Your office is most, honorable:
your power great and your duty
vqual to your power.
Of late years, there has grown
around and now clings to our jury
system such a mass of abuses as has
caused many good men, both law
yers and laymen, to question and to
doubt the wisdom of keeping up the
jury system. And many say "'Bet
ter do away entirely with juries and
try all the cases before the Judges.'
This is a hasty and most erron
eous conclusion, arrived at in dis
gust created from viewing not the
jury system but the abuses of the
Gentlemen, we will -have the jury
system as long as wo have a benevo
lent government and are a free peo
It is the most prominent, the
most necessary, the most in use of
those governmental functions in
eluded in President Lincoln's defi
nition of our grand system.
"A government of the- people, for
U19 people, by the people."
Trial jury Is a coordinated mem
ber of our goveanmental Trinity,
without which benevolent self-gov-eriiment
for us could not exist and
cannot continue to exist. All right
government is founded on the need
of the governed, together with the
position and power in the ruler to
Rights should bo protected; du
ties should be enforced, that justice
may be done; and here is tho need
for the exercise of judicial govern
mental power, and the jury has the
position and tho power and tho
duty to supply this need by exercis
ing this judicial control.
. Of tho three forms or kinds of su
premo power essential to govem
'ment, tho judicial has most of 'dig
nity and seems most sacred. It calls
for the highest elements of moral
charaater.We need legislation to lay
jjlowu rules of conduct; "we need the
and to Beware of the
executive department to keep the
wheels of state in motion; but we
must rest upon the judicial branch
in full faith and confidence that our
properties, liberty and lives will be
protected; and with the jury only
uul alone can we put such faith and
confidence, without which there is
neither sense of security or hope of
By reason of its duties; by reason
of its exercising within its sphere
of action of supreme power; by rea
son of its absolute necessity; by rea
son of its being the highest expo
nent of self-government; by reason
of its duty and power , to dispense
equal justice ; by reason of its being
the greatest and surest safeguard of
our liberties, and by reason of the
fact that at each term the jury is
called upon to consider and dispose
of the most important matters in
life, it is that the position of jury
man ranks very high in the estima
tion of all correctly thinking and
well disposed persons.
Yet, there has grown up so many
abuses, and, abuses of such char
acter that many men dislike to
serve their country in the capacity
of jurymen and do not appreciate
the power and honor of the position.
There is an article in the January
manlier of Scribner's Magazine by
Joseph 11. Coates, entitled: borne
difficulties of Jurymen," which
gives many reasons why'tlic position
is unappreciated. Wo quote from
the article as follows:
"But the juryman from his first
entrance in response to the court's
peremptory summons finds little in
his treatment to impress him with
an idea of special dignity in his
positions even if hu has no overt
cause of complaint. He is herded
with his fellows, ordered about by
the tipstaves or bailiffs of court, ad
dressed in peremptory tones; some
times, if in his unfamiliarity he is
going the wrong way, ho is grabbed
by one of thesegentry of the badge
and hustled as if he was the prison
er in the dock. He sits in tho court
room with and ever present sense,
if he be sensitive, that he must be
careful not to get into trouble; the
feeling of liberty is gone, ho is en
veloped in an atmosphere of res
traint. Really lie is placed more
on an equality with the prisoner at
the bar than with the judge on the
bench, yet he is as essentially a part
of tho court as that august poten
tate and 'may have at any time a
irrcater rcsnonsibility imposed on
'In some court rooms, when dis
engaged from tho actual trial of any
case and awaiting summons to the
jury box, the juror is often forced to
sit among criminals, witnesses, loaf
ers, and ill-smelling persons attract
ed to the court by business or curi
osity; though in some court rooms
seuaruto scats are movided for the
temporary disengaged jurymen.
I don't think jurors of this coun
ty have all these things aliove-iuen
tioned to complain of, but they have
enough else, and thero is with us a
work to bo done in Hawaii which
will eliminate many factors that
enter into the making of trial by
jury generally distastelul to the jury
men, unsatisfactory to ligitants and
distrusted by others.
Especially is this true in regard
to the trial of criminal cases. Let
every elector of Hawaii read the ar
ticle in the April number ot Me
Continued ou Page 3.
Defers Date of Enforcing
Water Meter Measurement
The Supervisors of the County of
Maui met in regular session Wed
nesday, June Sth, and adjourned
Friday afternoon of the 10th, after
passing a resolution to defer the date
of enforcing collection of Wailuku
water rates on the iVi cents per
thousand gallon basis to October 1st
County Engineer Howell was in-
sdructed to draw up plans and spe
cifications and make an estimate of
the cost of a new concrete bridge at
Maliko gulch, including the ap
proaches, and present the same to
the next meeting.
The road from I'uuomalei to Ka-
uhikoa was ordered to be recon
A call for bids for laying the six-
inch mains for the 'Lahaina .water
works was ordered to lie advertised
for, also bids for constructing a sec-
one-story to the County-office build
ing Wailuku. These bids are to be
opened at the next regular session of
The County Engineer was author
ized to go ahead and procure three
drums calcium chloride to be used
for road making purposes. This
material is said will pack hard and
give the surface of dry. country roads
a smooth finish, and will probably
be tried on the pali road between
Wailuku and Lahaina.
The county farm for tuberculous
patieits was reported to be ready
for occupancy, and the management
cf the institutio.n was placed in the
hands of a managing hoard consist
ing of Chairman Pogue, II. A. Bald
win, and the Medical Superinten
dent. Dr, Sawyer will be offered
the position of Medical Superinten
dent of the institution.
The bids called for moving the
Kaupo School house were as follows:'
lbert Trask, $1000, time (55 days;
H. K. K. Dcfries, $1725, time 40
days; Cyrus T. Green and Alton,
$093.85, time 00 days; J. W. Ka-
waakoa, $1107, time 50 days.
Awarded to J. W. Kawaakoaas his
bid complied with the time limit re
Bids for Keokea teachers' cottage
were as follows: H. H. K. Defries,
$1G95, time 40 days; Albert Trask,
$1800, time 65 days; J. A. Aheong,
$1655, time 90 days; Cyrus T. Green
and Alton, $1517,20, time 90 days;
A. II. Landgraf, $1542, time 75
days. Awarded to A. H. Landgrnf.
Bids for Kaunukakai teacher's
cottage were postponed.
Owing to impossibility of having
water meters installed in time to en
force the new water rates from July
first the board adopted a resolution
changing dato of enforcing same to
October 1st next, as it is expected
by that time all of the water privi
lege holders will havo water meters
instaljed on their premises.
The committee appointed at last
Wednesday's public meeting waited
on the supervisors Friday afternoon
presented the resolution adopted by
the meeting protesting against water
meters and increased charges for
water, and was informed of the act
ion of the hoard postponing dato of
tho new rates as above noted.
Application of the Maui Racing
Association for the use of the road
department carts and teams was
granted with the proviso tho Asso
ciation pay the wages of the men .
O'Rourke's horse St. Ivou will run a-
gainst Major Collier iu the mile and a
Farewell FEDERAL GRAND I
Reception JURY ACTS f
Tendered to Rev. and Mrs.
Ault at Wailuku Town Hall
That the , retiring pastor of the
Church of the Good Shepherd is
very highly respected by the people
of Maui, among whom he has faith
fully labored in the past goes with
out saying, if the turnout to the re
ception held in honor of Revi and
Mrs. W. Ault at Wailuku Town
Hall, Monday evening last, is any
criterion to go by.
The hall was decorated with pot
ted ferns, and the Laniuma Club
furnished pleasant music while the
reception was.in progress.
After the formal handshakings
and introductions were over a plea
sant social time was had. Light re
freshments of ice cream and cakes
were served, and with a smooth floor
and inviting music the younger peo
ple were soon tripping through the
mazes of the waltz and two steps. .
Mr. C. D. Lufkin with a cornet,
Mrs. Dora von .Tempsky on the
piano, and Mr. Harvey Pogue with
his violin "rendered select music
which were greatly appreciated by
Among those present were: Rev.
and Mrs. Ault, Dr. Geo. S. Aiken,
Miss Irene Aiken, Mr. and Mrs. F.
F. Baldwin, Mr. and Mrs. L. M.
Baldwin, Capt. and Mrs. W. E.
Bal, Mr. A. Betts, Miss Baker,
Mjss Irene Balcom, Miss Babcock,
Mr. and Mrs. V. L. Boeck; Dan.'T.
Carey, Mr. and Mrs. D. H. Case,
Miss Nancy Cummiugs, Mr. and
Mr. and Mrs. F. J. Dale, Rev.
and Mrs. R. B. Dodge, Miss Nancy
Daniels, Miss Ellen Daniels, Miss
Emma Daniels, Mr. and Mrs. W.
II. Field, Mr. and Mrs. J. F. Fan
tom, Mr. and Mrs. A. Garcia, Miss
Jennie L. Hansen, Mr. and Mrs.
W. B. Hardey, F. H. Hayselden,
Hugh Howell, Mr. and Mrs. F. H.
Hayselden Jr., Mrs. L. Judd, Mr.
and Mrs. G. A. Hansen, Edmund
II. Hart, Mrs. Hayselden.
Mr. and Mrs. A. N. Kepoikai, J.
N. K. Keola, Miss Momi Keola,
Mr. and Mrs. J. H. Kunewa, Air.
and Mrs. C. D .Lufkin, Judge and
Mrs. S. B. Kingsbury, Mr. and Mrs.
D. C. Lindsay, Frank Lufkin, Jas.
Judge and W. A. McKay, I). L.
Meyer, Alfred Martinsen, Miss Fran
Mr. and Mrs. J. H. Nelson, Mr.
and Mrs. II. B. Pcnhallow, II.
Pogue, Mif3 A. Ontai, Miss Zelie
Rogers, Senator W. T. Robinson.
Miss Eva Robinson, Mr. and Mrs.
Geo. B. Schradcr, W. A. Sparkes,
Miss Anna Streubeck, Mr. and Mrs.
Streubeck, Mrs. F. Somnierfeld,
Mr. and Mrs. Carl Somnierfeld.
Rev. E. B. Turner, Mrs. Dora
von Tempsky, Miss Alexa von
Tempsky, L. von Tempsky, Mr.
and Mrs. J. B. Thompson, Miss
Nora Towner, Miss Charlotte 'Fur
ner, Mrs. V. Vctlesen, Mr. and
Mrs. J. N. S. Williams. Miss Annie
II. Wodehonse, Mr. and Mrs. R. A.
Wadsworth, Mr. and Mrs. J." J
Walsh, Mr. and Mrs. E. J. Walker,
Mr. and Mrs. W. L. West, Dr. and
Mrs. Weddick, Mr.and Mrs. G. W
Wilbur, Mr. and Mrs. Geo. Weight,
Mr.and Mrs. B. Williams, Rev. and
Mrs Wallace, Miss Young, and
many others whose names the w'ri
ter forhe Maui News were unable
to note down on his pad.
The Maul Dry Goods & Grocery Co
I.td. have received their initial shipment
of Furniture and household goods by the
Lurliu'e. These goods will be ou Display
from today ou.
Amended Land Laws Give
Public Lands--San Francisco Prefers Big Fight
, (SPECIAL. TO THE A1AUI NEW.
&tiar 4.17 Beets 14s 24d.
HONOLULU, June l,1. Before any sale, lease or exchange Bhall
be made under the new land laws,
eight weeks in English, Hawaiian
Kinney says a complete copy of the
Monday last and the clause affecting
him. The men in the lead, will probably get lands applied for whether
deserving or not.
Jas. L. McLean will go to the
A German ship, the Irene Rickmus, had u hard time of it on her
voyage, and is glad to get-into port
J. P. Cooke say6 0ahu will probably be battle ground for prohibi
The long expected report of the Federal Grand Jury will be pub
ished tomorrow and is said to be a scorcher It is anticipated the
names of many prominent citizene and financiers will-bo mentioned in
the report. Messrs. Sabin and Brewster of the Star were witnesses
before the Grand Jury yesterday. Brewster's memory was poor, and,,
he did not kiiow anything. Sabin refused to tell anything interesting,
but Mabel Wood, another witness, gave highly sensational testimony,
t newspaper reports are true. ,
WASHINGTON, July i7 Secretary Diokenson will bo here Julv
POTSDAM, June 17. -There are
William of Germany is seriously ill.
NEW YORK, June 17. Plans
are taking shape, and include a great
SAN FRANCISCO, June 17.
Panama exposition within a few hours after, the price was set. .
HONOLULU, June Hi. -Lang
The first business meeting of the
place yesterday. The Kapaa land
W. A. Kinney made a statement that no lands could bo lawfully '
eased uutil after prospective, homesteaders have been publicly notified .
the land is available for homesteads.
renewed until after similar opportunity shall have been offered. These
requirements are mandatory.
Tho board of liquor license commissioners refused to issue a license '
to the firm of Hoffschlaeger it Co.
Ihe Manuel Richards manslaugeter case is to be prosecuted by the
Territorial Attorney General's department and not by the County At?
Nigel Jackson is under arrest for violating the Edmunds Act. .,,
Neither Supervisor Aylett nor Ahia.appeared before the grand jury
WASHINGTON, June 10. Justice Moody of the Supreme Court
may soon retire on account of illness.
Representative Morris Shepimrd
tion .calling upon the Postmaster General to investigate the possibili
ties of carrying mail by the aeroplane.
CHICAGO, June 1(5.---Mayor
visiting here says he will not stop tho Jeffries-Johnson prize Tight,
and that neither the Governor nor the Attorney General has any right
SAN FRANCISCO, June 1(5.
proceedings to stop trie big fight. Tex Rickard stated ho does not believe
it possible for the fight to fake place in California. The fight will
have to be pulled off in Nevada or
NEW YORK, June 10. ReceiptE
fight is reported to have reached
special trains have been presented.
WASHINGTON, June 1C Representative Bennett has wired to
the promoters of the big light that
cisco there would be no chance of
I'anama exposition to take place there.
SAN FRANCISCO, June 15. Governor Gillet has instructed lho
Attornuy General to notify both Johmson and Jeffries not to fight iu
the State of California on July 4th, unless the court decides the bout
is not a prize light but only a boxing contest.
BERNE, Switzerland, June 15.-Disastrous floods have occured
in Switzerland, Servia and Belgium, and many'lives have been lost.
LONDON, June 15.- Asquith has introduced a bill making the
Queen the Regent in theevont of the death of tho King.
SAN FRANCISCO, June 15. Johnson luyj sold his interest iu
the moving pictures of the coming right for iF50,000, and Jeffries has
agreed to sell his interest for the same amount.
SACRAMENTO, June 15. -Mrs. Gillet, wife of the Governor was
injured in a runaway yesterday, but the injuries are not serious.
WASHINGTON, June 15. Senator Culloni has introduced a ro-
solution in tho Senate postponing collection of tho corporation taxes
until after the courts shall have rendered an opinion on its constitutionality.
Homestsaders' Right to
the same shall be advertised for
and Portuguese papers. W. A.
Act was not received here until
plantations was a surprise to
coast to look into plans for a. new
rumors to the effect that Erameror
for a grand reception for Roosevslt
naval and marine display.
$7,500,000 weie pledged here fortHe
and Bums will box here on Tues
newly created land hoard took' V.
matter was taken up and action '?J-
No lease of public lands can be'
of Texas has introduced a reolu-
McCaithy of San Francisco, who is
Attorney Goneral Webb will bed
Salt Lake. City.
from sales of seats for the kit
$130,000. Many applications for
should it be pulled off in San Fran
getting an appropriation for tho