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title: 'The Garden Island. (Lihue, Kauai, H.T.) 1902-current, October 14, 1913, Page 3, Image 3',
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THE GARDEN ISLAND
TUESDAY, OCTOBER 14, 1913
liMil Kill! RUlERffn
m n fj tM cm a mm a r
S I a Mi I U m W i. KB J 1 J '1 !
I'M HNS 1 K MIL' P D
mi rauio dioi
UN ta ft hd 1 wm&msm
C. W. SPIJZ, Prop. .
NAWILIWILI, KAUAI TELEPHONE W4
Automobiles to all Parts of Kauai,
all hours, Day and Night
Autos and light machinery repaired.
Plumbing and gas fittings. Agents for Fisk
and Goodrich Tires and Tubes, Chalmers,
Ford, Studebaker, Velie, Federal and
Agents for the Inter Island Steam Navigation
Co., Ltd., at Nawiiiwili, Kauai
Sheriff Rico Receives Peti
tion Asking Enforcement
"LAWS DON'T STOP IT
Says County Attorney Sam
Kaeo In Response to The
J GRAPE JUICE I
I The Family Drink a
Bottled Where tlic ft
B Best Grapes Grow a
8 Have You Tried It?
Upon receipt of the. following
petition from citizens 5f the Wai
mea District, Sheriff W. H. Rice
sent the following request to Coun
ty Attorney S. K. Kaeo:
The Sheriff's Keaueat. .
Wiuie, Kami, Oct. Sth. 1913
S. K. Kaeo, Esq..
. County Attorney, " '
County of Knti.ii.
I herewith request a written
opinion regarding the-I'iiray I.nw
regarding liorsis. and meat cattle
hich have become a great danger
i those who travel the. ConnU
roads in autos.
Have the police a right to take
p animals on the public lugli wav,
lich public high wav is n o t
loundcd on both sides by a legal
I have a petition from some of
le leading pitizetis ot the district
f Waimea requesting me to in
struct my ofhcdrs to t a k e up
inimals which are upon the public
igh way. I am only too willing
o assist in abating this nuisance;
but want to do so in a legal wav
nd not have a damage suit ou my
Thinking you in' advance for
vour prompt attention to t li i s
Yours vcrv respectfully, .
Wm. Hknry Rick,
Sheriff, County of Kauai
Up-to-date Liy,ery, Draying and Boarding Stable a d Auto
Livery Business. '
BETWEEN LIHUE and KEKAHA .
Leaving Lihue every Monday, Wednesday and Friday.
Leaving Kekaha every Tuesday, Thursday and Saturday.
ARRIVING AT THEIR DESTINATION IN THREE HOURS
W. WEBER Manager.
Telephone 4 W Waimea P. O. Box 48
JBMBBMMMHSHMft '23aHBBafiaSaafcataHaMaK3i45KKSE28SflHfc34riHW'rll 'ift1
trical For The
Irons, Toasters, Stoves, Sewing Machine Motors.
Labor Savers of all kinds, and Westiughouse Mazda
Lamps the lamps that give you twice as much light
for less money.
Kor all occasions, whether on land, stream or sea; ou a "tramp," when fishing, boating, or
after swimming; for social ".Dutch lunches," on hay rides you can name hardly a time, when
good fellows get together, that a bottle of J'RIMO PALE is not welcome.
It's use banishes the Glooms and insUds the Joys in happy possession. And it's mighty
good for vou to drink, lor. beemise iff. especially brewed for this particular climate.
Ttie JBecr That's 4)rewcd
Nawiiiwili Phone 178
(Chiba's old Stand)
One Five-Seater Maxwell
One Five-Seater Buick
Will meet all steamers -Commercial Rates.
Lihue. Kaiui. Oct. 1
Wm. Hyde Rice, Esq.,
'Sheriff, County of Kauai.
Your letter of the Sth iust., to
this office, received, requesting a
written opinion in regaril to es-
rays, upon the following question:
Have the police a right to take
up animals on the public highway,
which public highway is not bound
ed ou both sides by a legal fence?"
To thoroughly uuders'tand and
make clear what the - law is upon
the question asked, willqnote part
ot tne law relating to pounds.
Act 125 of the Session Laws of
1907 sections 7, 10 and 15, will be
;et out in the above order.
Section 7. Estrays. If any horse,
mule, ass, hog, sheep, goat or meat
cattle shall be found at large, and
not upon the laud of the owner,
or person having charge of such
animal; or if found doing damage
to the property of private indivi
duals, or of (he government, such
animal shall be regarded as. an es-
trav within the meaning of this
Section 10. Lawful fence. Every
feiice shall be deemed a lawful
fence which shall benuide of .stone,
posts and rails, posts and boards.
p:.-,ts and iron wiiv. or other suit-
ible materials, provided it be not'
less than four and a half feet in
height, substantially built, .strong
and close, to turn all stock except
ing swine, and in good repair, lhe
sea, rivers, ponds and 'natural per-
perpendicular bin its, wneuever im
passable, shall be a legal fence
Section 15. O n public roads,
lauds. If any animal mentioned in
Section 12 shall trespass or stray
upon any of the government roads
in and around the city of "Honolu
lu, town and district of Ililo, Ha
waii, towns of Wailuku and Lahai
na, Maui, or upon any government
land, in this Territory, any police
constable or such person or persons
as may be tnereunto autnorizeti m
writing by the Board of Supervis
ors or road authorities of the coun
ty, are hereby authorized to take
up such animal and to impound
the same in accordance with the
provisions of this Act.
Under section 7, the animals
therein niei'tioued are regarded as
estravs within the. meaning of the
act. when. found at large, and not
upon the land of the owii or
person having charge of such
animal. Section 10 defitife what a
legal Tejice should "be; fhe aauie toj
be not ws than four aim a hif
feet in heifcht. substotiti dlv built,
strong and close, to turn all stock,
swine excepted, and in cood re
pair. Section 15 shows upon -what
roads and land'such animal found
can be taken up and impounded.-
Yonr question as to tlie light of
.i olic. t: t.;k- " !i:.i;nais, etc.,
i answer m Me negative.
Because, in section 15, miner:
which vji4tr qii.stion is based, does
not give any right to the police or)
"siich.pron or pji :,onsas may be1
thereunto authorized i'i writing by
tlie Board of Supervisors or road
authorities of the country" to take
up and impound siu.li animals "up
on a public highway not bounlled
on both sides Uv a legal fence."
The evil to be remedied by the
act u us to stop the straying of any
of' the animals mentioned, "upon
any goveririuen: load bounded on
both sides by a lea' fence, in this
Territory. ' ' Ti.ri 1 1 y s. i. o w i u g
cleady, that oulv such animal or
animals trespassing or straying on
aav such govcrnm-in road shall
be regarded as es'u.r. .
The legislature in its wisdom,
has thought fit and proper todimit
and define what a "government
road" 'should be under the act up
on which an e,slray can be taken
up and impounded, and "its con
sequences, i f evil, can only be
avoided by a change of the law
itself, to be effected by the legis
lature and not by judicial coustru
tion." I have the honor to be,
MENDES k SOIIM
Day and Night
Tel. GOO Lihue
County Attorney Katiai
In Tin Circuit Coukt Oif Tiik
Fii'th Circuit, Tkruitoky Op
In" Divorce At Chambers
Maili Ikimura Kinzo, (w)
Libellanl v. Ikinnira Kinzo (k),
LniKX For Divorcij. .
On this dav came on to be heard
the motion of, Maili Ikimura Kin
zo, Libellanl in the above entitled
cause, wherein slie aslcs tnat an
order for service by publication of
the said cause be made. It appear
ing to the Couit from the affidavit
'.of A. G. Kaulukou, Attorney for,
Libellanl, and all the files in said
cause, that t lie said libel, for di
vorce and summons thereto, at
tached were filed more than six
months last past; that the said
summons .""was returned unserved
after due and diligent' search had
been made throughout the Terri
tory of Hawaii for the libelee by the
officer having a'uthority to make
service of the said libelee for di
vorce and summons thereof for a
peiiod of more than one year; that
upon inquiry, the addi ess or resi
dence of said libelee could not be
It. is hereby ordered that the
Makaweli', Kauai, Oct
Mr. W. II. Rice, Jr.,
Sheriff of the County of Kauai,
We have had frequent occasion
to condemn the practice indulged
in by many residents of this Is
land; namely, the turning loose of
slock to graze along - the public
highway. This practise hf.s be
come so go'ieral that it is at times
a positive menace to the lives of
those using the highways and we
know of instances where accidents
have been averted a '''miracle"
We do not understand thai the
law creates. I he public roads a
grazing ground forstwk butoiUhe
contrary we believe that there is a
law against "strays." It has been
said that in some cases lhe mvuers
of the stock now dailv roaming the
roads ara'poor people and unable
to secure or pay pasturage for their
animals. In other cases, th stock
is owned i) y persons who nave
ample pasturage or the means to
secure it but we cannot see that
either condition gives these people
privileges which the- law denies
Something should be done tQ
recuiv tins uciuuimnv; .uinut.ijii
and to this end we wish to call ; IN TIIK CUttHflT COURT OF TIIK
our official attention to the situa
tion and trust that vou will take
such action as lies within your
power to -speedily abate this
Respectfully submitted by the
C. T. Greig, J. U. Eassoth. II.
N. Browne, H. S. Truscott, W.
K. Sqjiultze, G. F. Rankin, F. II.
Veber. M P Fave. G. Iljinierr.
J3. G. Jf-Hme. Vug. Kru'se. Alex.
Rrodie.-Er.iug Muhlum. John
.Fasr.oth. R. N. Oliver.. Geo. A.
Bishop & Co,
Hhad Ori'icit - Honolulu
JiRANCIIIiS AT IIlLO AND
WAIMEA, - KAUAI
Transacts a General llakniug
and Exchange Business
Commercial and Travelers'
Letters of Gitdit issued avail
able in all principal cities of
Interest allowed at the rate
of 4 per cent per annum
on Savings Hank deposits.
Interest paid on Time De
posits at the following rt;ies:
3 Months 3 per cent
6 Months 3 1-2 per
''cent per annum.
12 Months 4 percent'
All business entrusted by
customers on other islands
receives careful and prompt
m F 10 A
above name 1 libelee Ikimura Kin
zo appear before tuis court at Li
hue county of Kauai, Territory
of Hawaii, at 9 o'clock -a", m. on
December 13, 1913, to answer the
libel of Maili Ikimura Kinzo. and
that service of this order be made
by publication by publishing same
once a week for six successive
wcks in Tin: Oakdjjn Island, a
newspaper published in Lihue
Lihtie, Kauai. September 30,
Lylk A DickiJv,
' Judge Circuit Court, of the Fifth
(Seal) D. Wm. Dkan,
Clerk Circuit Court, of the Fifth
Oct. 7.-14,-21.-28. and Nov.-b. -11.
Real Estate and Insurance
n ill MITHfMr AMT S'l
liox No 594 ' ' Honolulu j
To Draw Juries
210-211 Botlon ntJe.
Tub M.vrrr.u Op Tiik Dkawinos Or
NAMBS Ol" I'KitMI.NX IV) SlJUVlI As (iltASII
liaioits Asti Tiiiai. .hutoiis At Tin: "
Xovkmiikii Tiaoi" liI!L - ' -
OlUIKK KlM.W TlMK Axi) 1'l.ACK Of
Dkawinos Ani Dihimtixo l'rni.icATroN-OvNuncKTiiKiiKtir.
It is hereby onlrivd Hint drawing of
tlu iwrnoiiH tu wrve tiH tirunil iind Trial
.liirnrs. tit flu, Viivi.lnluir Ti.rin. 11)1!. of
this Court lie hi'ld at 1:IX) a. m. on KVi-l
dav, OetnU'r 21. I'::', in ( .r-r rx.ni
( tliin t'inri in tl. i'.irthiim' u; Lilnn1,
i Ciiiuity 01 K uni.
Hutu), l.iiiuc, I '.m. tii, S-. jit in1) -r :,0t!i.
I i.,n i v. i. !)., Mf
l. II. I JiWgiv'ClreuU Ucmrtof uuU'iftliCir.- it
I T AtWul: D. Wm. Dkan
tjerk CSifik CMirt of the Fifth Tiivuit
Dan Couway. fne of.the tnostj Lack, the railroad supply
noouiar travelinu men makinjftliis. Jlian, Hatkfeld & Co., aceuts, is
wlamd. is again ealling ou the local J on' hU regular clj among the local
tBide. Dan is in business for hiiii-i plantations witlf a view to getting
self anUMs doing exceediuglv well.1 them interested in his line.
Rerlram, Ben Nfa hoe
Urodie. 2fl. J.' Qyvulho!
Wholesale and Relail Groceries.
Dry Goods of all Descriptions.
; CALIFORNIA FEED CO. J
6 Hw, Grain and Chickkn S
I Stl'l'LIUS. 1
" Sole Agents for J
J bit Tgatiniml Stork, Poultry Food !
5 anl other spt'cialtii'c. Aranie for J
V I'.iolijiif Iron ltiHifs. lVtaliunu la- j
cuiiatori ami Hr.MKli'rH.
? Kino's Si'ijciAi. Chick Food
P P. O. Uox 452, Honolulu
NOW READ THE ADO)