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"I WAILUKU TEMPERATURES NEXT WEEK'S MAILS Max. Mill. Novouibcr 12 80 62" 13 80 60 " .14 80" 60 15 82 62 16 82' G2e 17 83 64 " 18 83 66 firom the Const Colombia tomor 'row; Maul, Tuesday; Siberia Mnru, Thursday. To the Coast Nanking, tomor row; Venezuela, Tuesday; Ma noa, Wednesday; Nile, Thurs day. Rainfall 0.02 Inches. 21st YEAR NO. 1079. WAILUKU, MAUI COUNTY, HAWAII, FRIDAY, NOVEMBER 19, 1920. PRICE 7 CENTS Chief Legislation for Which Session Was Called Found to be Unnecessar Revenues Will be Sufficient Since Corporations Will Probably Pay Two and a Half Times as Much Taxes as and Foreign Language School Until Regular Session. Llttlo of the legislation for which the special session of the legislature was chiefly caused will be enacted is the indication in the reports coming from Honolulu. After the legislature had assembled information the Gover nor had not previously had was secur ed to tlie effect that the income taxes would be more than $1,000,000 more next year than it has been this. Tho finance committee of the house has reported against the passage of the bill to increase the revenues which was to permit taxing of amounts paid on income taxes to the federal gov ernment. Other legislation which promises to go over includes Increases in pay to the teachers and the foreign languuge school measures. The house commit tee has decided to delete the appro priation in the school bill by $157, 000 and allow the $224,000 required to meet this year's deficit. The senate favors a full investigation of the foreign language school situation and the various bills looking toward their control or elimination and a report on the bills at the regular session. Governor is Quoted Relative to the sufficiency of rev enue next year Governor McCarthy, is quoted as saying: "On the day the special session opened, I was given certain figures which came from one sugar agency which showed the amount of money that ageniy's plantations has paid during 1920 to the territory as income tax, and which also gave an estimate of what they expected to pay as in come tax in 1921. These figures show ed thai in 1321 they would pay appro ximately two and one-half times us much as fa 1920. If these figures had been given to me earlier, it is just possible that there may not h&ve been a special session of the legisla ture. ''In April," the governor continued, "I received a statement from the audit ing department showing thnt the ex penditures of the territory amounted to about $750,000 more than the rev enues. This amount being only for nine months, it showed that we would be short about a million dollars for the calendar year, or approximately $2,000,000 for the biennial period. 1920 Income Tax "The tax assessor at my request furnished me with an estimate of the Income tax for the calendar year of 1Q9ft wlilnli nmmiTito1 tn nnnrnvlmnto. ly $857,000. When these figures were shown to the treasurer, he stated he believed they were too conservative, and desired, to go into the matter him self. After he had taken up the mat Teachers Disappointed In Hopes for More Pay Teachers on Maul, as in other parts of tho Islands, are outsponken in their disappointment over the action of a house committee in eliminating' from the school appropriation bill $157,000 for salary increases. In some instan ces Superintendent MacCaughey is be ing blamed for putting Into the budget from which the bill was drafted ap propriations for school buildings, equipment auu pmy smuuu ciiuu'" ment, which the teachers complain, 'could have been left to the regular session for action. Reports from HHo say that some of the teachers on the Big Island are threatening a walkout or strike as an expression of their disatisfaction but nothing of the kind is talked of on this Island. Another Hilo report is that numbers of the teachers will give up their positions the first of tho year unless they secure assurance of salary increases at the regular ses sion which will open In February. Honolulu reports which quote the Territorial Treasurer as saying that' warrants for the teachers pay will have to be discounted by tho banks has been another source of alarm, some of the teachers wondering if they would lose the amount of tho discount the banks would be expected to charge. Japanese Save Bonus Many Japan esp of this island are going into tho pineapple business on their own ac count instead of working on planta tion, Y. Sato, director of the Oahu Japanese labor union told Nippu Jljl after a visit here. He said the high bonus had enabled some of the Jap anese to save as much as $150 a month which they purposed using by growing pines on their own account. Shows Puunene Mill Taken from an army airplane by the United States Air Service photographer an interest ing picture of Puunene mill was print ed on the business and financial page of the Pacific Commercial Advertiser last Monday. This Year; Teachers Salaries to Wai Legislation May Not be Reported Upon ter, he made a report that the re- ceipts would be more than a mllllo dollars. The actual receipts for the fiscal year ending June 30 amounted to $1,050,000. 'As I stated in my message to the special session, the estimates made and presented ,to the last legislature were on me oasis or $2,900,000 in :n come taxes for the two years, or $1 4&u,ouo for a single year. As shown above, the actual cash receipts for one year were $400,000 below the estimate. "The treasurer of the territory has nu means ot Knowing wliat the pros pective revenue of the territory will be until the month of February, when most of the corporations hold their annual meeUups, and when reports are made as to their financial standing. "In the meantime, any eslinmte that me treasurer should make is merely firaora, aim in maicmg tnesa guess es liu necessarily must be very con servauve. Shortage in April in April or this year I gave for publication a statement Hint. tin. tnv. ritory was experiencing a shortage in IP venues mil aiggested as a method of raising the necessary funds that we amend the income tax law so as not to allow deductions of taxes paid to the united BtiJles. "This was no new thing at the time One of the newsDaners olitenlivl mil torlally to the plan on the ground of us legality. I took this matter up and found that, there was no question as to its legality. "Up to the time of the oneninir nf me special session, no statement had been made to me or other officer of the government that the revenues of mo territory were likely to be improv ed. On the day the session opened 1 was given certain figures coming from one sugaivngency. These showed the amounts The agency's plantations had paiu during 1920 to the territory as in come tax: and cave an estimntn nf wnat tn,ey expected to pay in 1921. It was snown that for 1921 they would pay approximately two and one third times-as much in 1920. If these figures had been given me earlier. It Js just possible that there may not uave ueen a special session. men, again, It is probable that wnat applies to the one sucar airencv in question may not annly all alons: the line, taking into consideration the tact that I have the estimates of only one agency covering five plantations. Up to the present Ave are in the dark as to what increase, if any, in income taxes will he paid by the other cor porations." Expert on Mentality Of Children Coming Dr. E. B, Hoag, whose studies of juvenile delinquencies and mental de ficlency have attracted wide attention in Honolulu and Kauai and who is now on the Big Island, will be on Maui during the week from December 3 to December 10, according to advices re ceived this week. He will conduct studies and investigation on those sub jects hero in the larger schools of the Island, arrangements for which will be made by a committee prior to and at the time of his arrival and it Is hoped he will address the Woman's Club and the meeting of the Teachers' Association which will be timed to bo held during his visit. Dr. Hoag is a mainland student of and expert on child mentality and has conducted wide and searching Invest! gatlons into abnormality an subnor mallty and tho best methods of hand' ling such pupils. In tho coures of such investigations juvenile delin quency has come in for wide study and suggestions from him will be op portune when Maul is seeking to se- curo detention homes and salaried pro nation officers here. Forty Per Cent Saved By County for Bridge Between $3000 and $4000 has been saved to Maul County by having Hoa lua Bridge in Makawao built under the direction of the county engineer instead of by contract. The saving has been approximately 40 per cont of the figures given by tho bidders whoso offers were turned down. Two tenders for the construction of Hoalua bridge were rejected. Tho lower tender was for $8G97 and the higher for $9338. Tho sworn state ment of A. P. Low, county engineer, shows the work has been satisfactor ily completed and at a cost of $5321.81, a clear saving of mqro than $3300 over the lowest offer to do the work by contract Funds for Sanitarium and Hospitals Provided; Bill Passed by Senate For the purposi of providing suffi cient funds for the proper upkeep, maintenance and improvement of Kula Sanitarium and Maui's county nospitais witnout diminishing county funds so that road upkeep and im provements would suffer. Senator Harold W. Rice introduced Senate Bill 13 at the specs'hl session of the legislature and it is one of the first senate bills to pass third reading and go to tho house. It provides thnt tho tax assessor of tho second taxation division shall, commencing with the year 1921 and each year thereafter, In crease the tax rato on real and per sonal property in said taxation divi sion over that provided in any other law to an extent sufficient to provide the annual sum of Two Hundred Thousand Dollars ($200,000.00) which shall, when collected, be paid to the treasurer of the County of Maul and be held by him 1n a special fund for the use with other moneys made available by the Board of Supervisors and by tho Legislature of tho Terri tory of Hawaii for permanent im provement, maintenance and equip ment of tho Kula Sanitarium and the County Hospitals of the County of Maui. If the bill pass the house and meet tho approval of the governor It will add .42 to tho tax rate of the county provided valuatiou of real and person al taxes is unchanged. The measure is the one Senator Ilice mentioned to tho members of the Chamber of Com- merce at the last meeting of that body. Until now the county has been able to care for the sanitarium and the hospitals .from the general funds but to make the necessary improve ment and tho Increasing costs of main tenance would deplete the county's general fund and cause cessation of other work unless a remedy were found such as is offered in the bill. Trial Term Is Delayed Court Fund Too Meager Owing to lack of funds the jury term of the Circuit Court has been postponed to the tentative date of November 29 awaiting passage of ti bill at the special term of the legisla ture and subsequent appropriation of money for court expenses by the board or supervisors. At Saturday's meeting of tho super visors the county attorney rendered the oppnion that the board is without authority to make the appropriaion for tne costs of the proposed term of court asked by Judge Burr because such appropriation would bring the total appropriation for the court for the year in excess of $G0OO. He cited decisions in support of his opinion. It was tren determined to secure the necessary authority from the legisla ture and tho county attorney has drafted and sent to Honolulu a bill which covers tho situation. As it is emergency legislation speedy passage is expected. When advised of the passago of the act Chairman Kalama will rail tho board Into session and pass the appropriation. When court was convened on Mon day Judge Burr announced the jurors were relieved from duty until tho tentative date of November 29. Money for High School Building Provided for in Bill in Legislature Maul's new high school buildlntr is providing for in Senate Bill No. 12 In troduced by Senator Harold W. Rice. Tho measure provides for the raisine of $00,000 by taxation and reads: bection 1. In addition to all moneys heretofore set aside or appropriated for new buildings, additions, improve ments and equipment of schools in tho County of Maui, the Tax Assessor of tho second taxation division is here by authorized, empowered and direct ed to Increase the rate for tho taxa tion of real and porsonal property within tho County of Maul, so as to raise during 1921, the sum of Sixty Dollars (60,000.00) which said addi tional sum shall be added to all' moneys otherwise available for tho same or similar purposes and be set aside in the special school fund for tho following purposes: Building a new high school at Hamakuapoko, Maui, and equipping tho same. bection 2. The board of supervisors of the County ot Maui is hereby em powered immediately to contract against, appropriate and expend for the purposo hereinabove provided, the full sum thereof with all other funds heretofore appropriated for similar Items, and for tho purposo of meet ing any obligations nrising out of any such immediate contract or expendi ture, tho board oi supervisors is here by empowered when the necessity arises to transfer a sufficient sum to said special school fund by way of advancement from the general fund of said county, which advancement shall bo repaid into such general fund from the said special school fund from moneys derived from the special tax provided for by Section 1 of this Act. Foreign Language May Produce Prolonged Session Foreign language schools are sub ject for legislation in several bills In trotluced in both houses at the special session oi tne legislature. In the sen ale the first sentiment was for inves tigation only at tbjs session with re porting of bills out at thn rncnlnr eo-j sion in February. In that body there appeared to be some unwillingness for action at this time as nxnrossnri hv Senator Tavares who was utioted ns saying: in the first nlaco. it Is ironic In precipitate a lengthy debate that may iteep mis special session co nr n dellnitcly, and in the second place, whllo the Japanese on the Islands know very well what is going to hap pen, i DClievo it is liardlv fair tn rut on mo language schools suddenly. Lets give them a show. There's tin need to rush the thing through." lhe bills introduced by Senator uaiowin as chairman of the commit. tee selected to intooduce adinlnistsa- uon measures in the senate went to committee with a clear expression of sentiment for full Investigation and against an early report. Such senti ment appears to have chanced with the introduction by Senator Baldwin, not as special committe'e chalTman, of the measure finally approved by the Honolulu Chamber of Commerce. It is now considered possible that action may come at the present session In which event the session may be some- wnat prolonged. Last Measure Presented The text of the last bill introduced follows: 1 "Section 1. Tho term 'foreign lan guage school as used 'in this act shall be construed to mean any school which is conducted in any language other than the English language, ex cept Sabbath schools. The word 'de partment' shall mean tho department of public instruction of the Territory of Hawaii. Teachers Must Obtain Permits "Section 2. No person shall conduct a foreign language school in the Terri tory of Hawaii unless and until he shall have first applied to and obtain ed a permit so to do from the depart ment of public instruction of the Ter ritory. Section 3. No person shall teach in a foreign. language unless and until he shall first have applied to and ob tained a permit so to do from depart ment. Qualification to Teach "Section 4. No permit to teach in a foreign language school shall be granted unless and until tho depart ment 'Is satisfied that the applicant for the same is possessed of a reasonable knowledge of tho ideas of democracy, knowledge of America history and' in stitutions, and knows how to read, write and speak the English language. Provisions Liberally Construed "Provided, however, that the pro vision concerning knowledge of the English language shall be liberally construed during the two years after this act goes into effect: it being un derstood that it would be difficult within that time to secure teachers fully qualified under this section and at the samo time qualified to teach a foreign language. And providing fur ther, and it is hereby declared that the object of this act Is to reasonably regulate and not to prohibit the con Indictments Returned By Grand Jury Held to Be Valid as to Form Motion to quash the indictments igainst Ned Nicholas recently hand ed down by tho grand jury, which would have had the same effect on all other of the recent Indictments bv thnt body, was dented by Circuit Judge L. L, Burr in an opinion which he handed down on Thursday. Tho indictments were endorsed by "E. B. Bevins, County Atorney" and not by E. U. Bevins, Deputy Attorney Gen eral," tho words "deputy ntttorney general" hnvlng been stricken out md tho words "county attorney" writ ten in by Mr. Bevins. Eugene Murphy, as attorney for Ni cholas, raised tho point that tho sta tutes provide for prosecution by the attorney general and though the coun ty attorney is by statute made a dep uty attorney general, that when Mr. Bevins declined to act as deputy attorney general ho made tho indict ments null. Judge Burr in his written oninion cites section 71 of the Organic Act which states who shall prosecute, the rule prior to tho adoption of such act, passage of the County Government Act, tho provisions of the laws of 1915 as to who shall proparo Indictments, inu quotes from tho caso of Castle s Atchison. Judge Burr reaches the conclusion that it must bo the attor ney genoral or a deputy who is the prosecuting officer, that the county at torney is by law a deputy attornev general, cannot waive so being whon acting and willy nllly is for all pur poses of tho indictments such deputy under tho provisions of the law. Hencn he denies tho motion. School Bills ducting of foreign language schools and the teachfng of foreign languages, dul to regulate the same so that the Americanism of the pupils may 1. promoted and the department Is here by directed to carry this net into effe-i in accordance witli the spirit of this declaralon. Pledges Must Be Made "Section 5. Before 'issuing u permit to conduct foreign language schools or to teach in such a school the depart ment shall require tho applicant for such a permit to sign a pledge thnt he, the applicant, will if granted a permit to conduct or teach in such a school, abide by and observe the terms of this law and tho retaliations and orders of the department and will, to the best of his ability, so direct thn minds and studies of pupils in said school as will tend to make them good and loyal American citizens, and not instruct or permit said pupils to receive instruction is said school in any way inconsistent therewith. Language School Hours "Section 6. No foreign laneuaco school shall bo conducted In the morn ing before the school hours of the nun- Wc schools or during the hours which the public schools arc in session. Nor shall any foreign lancuaeo school he n session excepting one hour each day, nor exceeding six hours in any one week. "Provided, however, that the depart ment may, in itstd'scretion modify tho terms of this section, if it deems that it can do so consistently with tho de clared object of this act. Department to Prescribe the Courses bection 7. The department shall have full power from time to timo to prescribe the course and courses nf study nnd the textbooks to be used In iiny foreiin language school, and no other course of instruction or text books shnll be used in such schools. except tho ones prescribed by the said department. No books used In am- foreign language school shall be fur nished at the expense of the depart ment. Permits May Be Revoked "Section 8. If tho department shall nt any time become satisfied that nnv holder of a permit to conduct a foreign language school ot to teach, therein noes, not possess the qualifications hers in required, or shall have violated nr failed to observe any of the provisions of this act, or of the regulations or or ders of tho department the department may then and thereupon revoke the permit theretofore granted, and tho smao shall thereupon be and bncnm,-! nun and void. Provided, however, that before sn- uoing tne department shall first notifv tne holder of said permit to show cause, why such nctlon should not be taken and shall give such holder full opportunity to bo heard In defense. The Penalty Section 9. Any person who shall conduct a foreign language school, or wno snau teach in a foreign language scnooi, contrary to the provisions of this act, or who shall violate any of tho terms hereof, or of the regulations or orders of the department, shall be guilty of a misdemeanor, and upon con viction thereof punished by fine not to exceed $25. "Section 10. Tills act shall take ef fect on tho first day of July, 1922." Body of Engineer is Found Floating Below Bridge Across Stream Floating in a pool in the Nailihnili stream, about 150 feet below the wire suspension bridge, the body of Itobert A. Remington was seen by an rm ploye of the ditch company early Sun day morning. It was not mangled and was in a good state of preservation. Sheriff dwell went and secured it ann attended to its Milpment to Ho nolulu In the Mauna Ken Mondn night. Remington's watch had stop ped nt seven Hinutes after (live o'- ciock, thus determining tho lime of his death. Before leaving for Honolulu last Friday, Engineer James E. Stewart of tho hydrographic survey told.xif the events that immediately preceded Remington's death. The two had como to tho stream, which was running very swiftly but was not deep nt the ford. He recognized tho danger in attempt ing to wado tho stream. Ho behoved his horse could make it but feared tho mule could not. being a lighter and smaller animal. Ho told Remington to remain with the nulmals until he, Stewart, had crossed over the foot bridge, then to turn tho horso loose and if that animal made it safely to send the mule across. "Then you da not think the mu'. can mnko it?" Inquired Remington and Steward replied that ho did not think t could. He did not specifically Ml Remington not to ai tempt to rie across, thinking he had maUe it clear ho was to follow over the foot bridge There are three (luories us to how Remington met his death. One is that ho attempted tn ride across. The second Is that ho wadod into the stream to force tho mule to make the attempt and was hlmsolf swopt away. Bids for School Buildings too High Board of Supervisors Determines to Lei Only One Contract Where Ac commodations are Most Needed al Present Time. Only one of the proposed four now school buildings for which bids were opened by the supervisors last Satur day will be built nt 11,1 n,.,, tni. Makawao school building was consid ered so important that it could not wait, irrespective of the matter of costs, that tho bid for it was accept ed. New chairs for the Maui High School will also bo purchased. Other school building will wait until more funds are available nnd the subject will bo up again probably early in the year. For a one room school building at n.iiuee mere were two bids, E. C. Mellor $:!000 and D. I. Kalaknuu, $2900. Next to be opened was the bid for Makawao two room building, there being only one, D. I. Kalakaua $5000, the work to b0 completed in 90 days. The third set of bids was lor a two room addition to the six room building at Paia for which there were two bids, D. I. Kalakaua $1800 and E. C. Mellor $5250. Mellor was tho only bidder on the High School gymnasium and commer cial building, his offer being $8200. For the arm nr tnhlot r-tinlra fn,. fh. mgn school, Kahului bid $925 for a hundred chairs, Maul Dry Goods and Grocery Co., being $25 higher. Following a vote on the acceptance of the two bids and the , rejection of all others a motion for the return of checks to unsuccessful bidders was adopted. The meeting was held at the hospi tal owing to illness of the chairman, only the most pressing business was transacted and an adjournment taken to the call of tho chair. Luther D. Timmons One Time Editor of Maui News Taken by Death Luther D. Timmons, at one time editor of Maui News and one of tho oldest newspaper men in Hawaii in point of service died in Queen's Hos pital in Honolulu early Saturday morn ing following a hemorrhage of the lungs. Though not in the best of health recently his Illness was of only a day or two. Funeral services were held in Honolulu, Monday afternoon. Ho is survived by a widow, who was Miss Anna Streubeck of Wailuku, and an 18 months old child. Mrs. Streubeck received word last Saturday morning that Mr. Timmons was ill but was expected out in a few days and a short time later came the wireless announcing his death. Mr. Timmons, who was born at Tim monsvillo, North Carolina, 46 years ago, canio to tho Islands in 1893 with tho commission sent by President Cleveland to investigate the revolu tion that resulted in the deposition of Queen Llliuokalani. Before his ar rival in Hawaii ho had some news paper experience and he remained af ter securing a position on the Star. Since then, he had been connected with most of the English language papers at different times and for short in tervals had been encased In mercan tile pursuits. Several years ago Mr. Timmons left Honolulu for Kauai where he was con nected with tho Eleelo store and later left it to take editorship of the Gar den Island. While there he was secre tary of tho Kauai Chamber of Com merce, secretary of the Kauai Indus trial Accident Board and deputy as sessor of taxes. About that ttnio he declined tho Lihuo postmastership. weaving Kauai ho came to Maul and was editor of Maui News whllo Will. J. Cooper was In the officers' training enmp. Prom Maul ho went back to Honolulu whero he was on the Ad vertiser's staff for a time, leaving it for the Star-Bulletin. On tho latter paper he edited the financial and real estat sections and tho sugar news besides covering tho business beaL In 1919 ho covered the sonato proceed ings for his paper and was doing tho samo work at tho special session when ho was strickAi with his finnl illness. About thne years ago Mr. Timmons married Miss Anna Streubeck. While on Maul, as in Honolulu and Kauai, ho made large numbers of frionds and Ills conscloncious nnd painstaking newspaper work was recognized by those who came in contact with him. The third Is that he fell from tho bridge, which is quite probable. The bridge runs across the stream to a narrow rock where one nnist turn at an angle as tho rock projects Into the stream. It is possible that Re mington was hurrying across the bridge in the dusk, did not know .of the turn and so fell into the stream bolow. The dead engineer left a mother and other rolativoe on the mainland. He was a native of Watortown, New York. '