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Mias Elsie Wilcox.
SUGAR
Raws, 0.40
Beets, no pale
Mkt. Steady
ft
The
Garden Island
Kepresents
All Kuuni.
ESTABLISHED 1904. VOL. 12. NO. 27.
LIHUE, KAUAI, TERRITORY OF HAWAII, TUESDAY, JULY 4, 1916
SUBSCRIPTION RATES, $2.50 PER YEAR 5 CEN1S FFR CCFY
THE PROGRAM
FOR THE GLORIOUS FOURTH
Full Regiment of Troops, Governor And Offi
cers From Honolulu And Throngs of Peo
ple From all Parts of Kauai Expected at
Lihue Park to Participate In And Wit
ness the Big Events of the Day.
All is in readiness for the big celebration of July Fourth.
The Governor. General Johnson, Malor Dougherty, Colonel Lin
coln and Captain Judd form the official party from Honolulu, and
Captain Larrison ioins them here.
A part of the grand stand has been reserved for special guests
and ladies, admission to which will be by card. The remainder of the
grand stand will be open to the public, while an extensive system of
bleachers has been erected for the overflow. The Governor and his
party will occupy a special reviewing pavilion on the grounds.
A strip of ground along the county building side of the park has
been staked off for auto parties securing reserved positions. Other
automobiles will be parked on the county lot.
The program presented below will be followed. After the literary
exercises Governor Pinkham and party will adjourn to the home of
Colontl Broadbent for luncheon, returning immediately after
Continued 0:1 Page 6
E
REPLIES
The Department of Education,
by Superintendent Kinney, has
replied as follows to the special
fcommittee of the Chamber of
DUCATION
--'-Commerce in the Brown case:
June 24, 1916.
Mr. T. Brandt,
Chairman, Education Committee,
Kauai Chamber of Commerce,
Walinea, Kauai.
Dear Sir:
I beg to acknowledge the receipt
of yours of June I6th, by which
you ask, in behalf of the Kauai
Chamber of Commerce, for the
reasons which actuated the De
partment of Public Instruction in
failing to appoint Mr. and Mrs,
H. C. Brown to any positions for
the coming school year. In this
connection I beg to state that as
no request for any information in
this respect has been received by
this Department from the parties
concerned. I might question the
propriety of giving out such mat
ters to others first. I understand,
however, that you act largely in
the interests of Mr, and Mrs. H. C,
Brown, and with this assumption
in mind, I shall be glad to use the
opportunity afforded by the Cham
ber of Commerce to clear up some
of the misunderstandings which
quite apparently exist on Kauai in
regard to the action of the Depart
ment. The Departmen decided not to
reappoint Mr. and Mrs. Brown for
the reason that they have been
the cause of trouble on various
occasions and appeared ready to
continue in this attitude. The
Department is not opposed to crit
icism from teachers as a matter
of fact, it invites constructive crit
icism, which assists it in many
ways but it does insist on obe
dience to its tules which, under
the statute, have the force and ef
fort of law. It has insisted that
Mr. and Mrs. Brown should obey
the rules, and when they did not
do so, in spite of the fact that
they had been warned that they
mut so obey or leave the service,
the Department took action.
I refer to the generally trouble
some attitude of Mr, and Mrs.
Brown towards officials including
the Supervising Principal, Voca
tional Instructor, Inspector Gener
al, and Superintendent, as well as,
so I am informed, the District
Magistrate and the Deputy Sheriff,
COMPLETE
DEPARTMENT
IN BROWN CASE
and also towards some efficient
teachers who were forced to leave
the service on account thereof. I
shall now refer to specific viola
tion of the rules.
The Department requires teach
ers to be familiar with the School
Laws, and in this connection to
be examined from time to time,
orally or in writing, on the
subjact. Last fall, Mrs. Brown
refused to submit to such exami
nation by the supervising princi
pal. She was informed that she
must take it, but refused to do so.
In January, I informed Mrs.
Brown personally that she must
take the examination. She re
fused to do so and I told her in
absolutely specific terms that she
must take it or leave the service
of the Department. A few minutes
later Mrs. Brown came to me and
said she would take the examina
tion When the time came for the
test, Mrs. Brown again refused to
take it, but, changing her mind
again apparently, wrote out some
of the answers, but ended her
paper as follows: "School in ses
sion no time to complete this
tarce." It is obvious, under the
circumstances, that the Depart
ment was amply justified in de
clining to appoint Mrs. Brown.
As a matter of fact, it was very
lenient when it did not discharge
her forthwith on grounds of in
subordination under the provi
sions of paragraph 9, on page 23
of the Rules and Regulations,
which gives insubordination as a
cause for dismissal. This was a
most flagrant case of continued
and deliberate insubordination,
and it is evident that no discipline
could be kept in the Department
were the rules not enforced,
Last fall, I informed Mr. Brown,
in answer to an inquiry on his
part, that the pupils who passed
examinations in June were entitled
to promotion into the next grade,
but in spite of this the reports
show that in a number of cases,
the instructions of my letter were
disregarded. I may add that when
I visited Waitnea last January, I
told Mr. Brown that the examina
tion rules must be followed to the
letter and there can b no misun
derstanding on this point as paia
(Continued on page 4 J
--
Mr. and Mrs. E. A. Kuudsen
were passengers in the Kinau Fri
day afternoon for Honolulu.
BUSINESS TRANSACTED
CHAMBER
A speci: 1 meeting of the Knuai
Chamber !' Commerce was held
in the court house at Lihue at 3
p. m. Saturday, there being pre
sent bejs'i'es the President- and
Secretan the following members:
Rev. H. lr,eiilieiir, II. Rohrig. L.
A. Dicl.ev, H. D. Wishani, P.W.
Wilcox, C. H. Wilcox. E. II. W.
Broadbent. W. NT. Stewart, A G.
Kaulukon, T. Brandt. D.W. Dean,
Dr. Hofmanii and C. b. Morse.
The minutes of the previous
regular meeting were read and,
after a r,v?h amendment, were
approved.
President A very stated the- ob
jects of the rpccial meeting to be
to hear the report of the Educa
tion Committee on its investiga
tion of the Brown ense. and called
upon Chairman T. Brandt, of that
committee, for the same.
Mr. Brandt red the report of
the committee, as follows:
In accordauccwirh instructions
in resolution uassed at the meet
ing of the Kauai Chamber of Com
merce held on June 15th, your
Committee on Education has in
vestigated the matter of failure oi
the Department of Public Instruc
tion to reappoint Mr. H.C.Brown
and Mrs. Brown to their present
positions as principal and assistant
respectively in the Waitnea School
or to any other position under the
Department for the ensuing year.
"Your Committee has, in addi
tion to inquiring of the Depart
ment for the reason actuating it
in dismissing Mr. and Mrs. Brown
from its service, or as it puts it
failing to reappoint them, which
we find to be synonymous expres
sions so far as the effect on the
Brown's is concerned, also inquir
ed into the matter of their failure
to get along harmoniously in the
community where they are locat
ed As to this we find a great
difference of opinion. While there
undoubtedly is some friction it by
no means was or is of an extent
that would justify the Depattment
into taking great cognizance there
of and far less consider it as a valid
reason for any drastic measures.
"The Browns are known as
persons of strong characters, in
tensely interested in their school
work and uncompromising to a
great extent in all matters that
they consider to be questions of
vital importance to the school,
thereby causing a certain amount
of hostility. A feeling, however,
which has shown itself often to
be temporary and eventually re
placed bv a sense of Approbation
and acknowledgement of.their at
titude as having been to the bent
fit of all concerned.
"As to the apparently and seem
ingly more serious charges of dis
obedience and insubordination we
find that the Department particu
larly has in mind an instance
where Mr. Brown was concerned
and one where Mrs. Brown was
the offending party.
"The charge against Mr. Brown
is that he last fall disregarded the
Department's instructions con
tained in a letter sent him in an
swer to his, Mr. Brown's, question
in regard to the promotion of
pupils. Mr. Brown is charged
with not having promoted pupils
who were entitled to it, and com
paring the attitude of the Super
intendent of Public Instruction in
ti-i . 1
regaru inereio now, ana as ex
pressed in his letter of October
12th it is strikingly peculiar. We
shall quote a few lines therefrom:
OF COMMERCE
.Mr. II nry C. I'.rown,
1'rin ipn', Waimea School,
Waimea, ICiiiiai.
Dear Sir:
The main purpo-e of Iiule 21, on page
23 of the Course of Study, ii to prevent
the advancing of pupils who were not
fully prepared to take up the work of it
higher rade. The wi.-li on trie pint m
the principal-, lo hold hack certain pupils
wlio pieced the examinations is qniti
exceptional and docs, I am sure, credit tc
Htursclf. As a matter of fact, it shows that
your desire Is exaaly thai of Hie 'Department,
namely, to prevent the advancement of
pupils in the grades for which they are
nut fitted; a practice which, as yon
Know, lias been exceedingly common.
As 1 stated, your case i almost a uni
que one and was, 1 fee! certain, not con
sidered to any extent when the rule
mentioned was framed. I think, how
ever, that it will ho well, in this respect,
to follow the practise which u been
followed with regard to the eighth grade
examinations as entrance examinations
in the High Schools. In thi case, pupils
obtaining eighth grade diplomas are en
titled to admission to the High Schools)
hut are allowed to remain there only in
case they show themselves qualified to
do the work. In other words, the pass
ing of the exaniination entitles a pupil
to promotion into a higher grade, but
does not entitle him to remain there in
ease his work shows that he is not up to
grade.
"This can certainly not be con
sidered a case of disobedience on
Mr. Brown's part especially as up
on the Superintendent's visit a
tew months later he was told to
have the pupils in question pro
nged at the end of the term rath
er than at that time, which was
done. We may add that owing
to the rather confused wording of
the latter part of the Superinten
dent's letter of October 12th. a
misunderstanding as to the mean
ing of it arose which was explain
ed.
As to the charge against Mrs.
Brown of insubordination at the
time of being requested by Mr.
Brodie the supervising principal
to take a teacher's examination in
School Laws then it looks some
what more serious, and although
we do not consider disobedience
or insubordination at all lightly or
as matters that should be tolerated
or allowed to pass without notice
we believe, however, that the of
fence was a culmination of the
somewhat strained relations that
have existed between Mrs. Brown
and Supervising Prncipal during
the few years, and existing not a-
lone between them but between
several others of the more import
ant Principals of thelsland.We find
that the objection to the examina
tion was particularly because it
was believed to be an innovation
not based upon norto be found in
the rules and regulations promul
gated by the Department, and we
are told that at least one of tln
prominent principals of the Island
and Hilo teachers as well failed to
submit to a requirement which
they found objeotionable and some
what humiliating, and in connec
tion with this incident we think it
is fair also to mention that the
Superintendent when asked if this
examination was part of the rules
and regulations ol the Department
curtly answered that he objected
to being asked about it and that he
had 170 odd schools to visit and
had no time.
When referring to the dismissal
of the Browns, we notice that the
Department carefully avoids using
the word dismissal and prefers to
say mat they were only not re
appointed and we find that this is
apparently done to evade the plain
stipulation contained in the con
tract that a teacher enters into
with the Department. It says ex
plicitly that a teacher may be dts-
1
F CIRCUIT
1 he July term of the Circuit Court will begin tomorrow, the
grand jury being charged at 9:30 o'clock and the trial jury being re
quired to be in attendance next Mondav morning. Theie are a num
ber of quite serious criminal matters to be heatd. on which account
the term will probabh last unusually long. Following is the calendar
as far ns completed:
JURY WAIVED CASES.
. 1. (L Kilo) Territory of Hawaii, by Arthur C. Wheeler, Acting
Superintendent of Public Works, vs. Annie S. Kuudsen, et nt.
Kininent Domain.
I. M. Stainlmck, lq.. Attorney General, for plainlill-and petitioner,
ihonqnon, Milverton and Cuthcarl, nllornevs for Kekaha Sugar Co
Limited. " '
Krear, Proper, Anderson and Marx, attorneys for Ida 1C. von Holt
and 11. M. von Holt.
2. (L V.Y2Q) I). Wm. Dean, as Administrator of the Estate of
Wong Hoy, deceased, vs. Y. Ihara.
Assumpsit.
l-'red Patterson, Ki., attorney for plaintiH'.
A. (t. Kaulukon, Kq., attorney for defendent.
(Continued on page 3)
missed for cause after a hearing, and
even may be dismissed when such
dismissal will be for the benifit of
the Department but again after a
hearing.
The commonest criminal hassuch
fundamental right, but we find
in this case that such a right has
not been accorded the Browns.
It is claimed that thev have on
several occasions been warned, and
we know of one instance some 2
years or more ago when such warn
ing intimated that husband and
wife might have to change places
but with the execution of the in
stance where the Superintendent
asserts that he in no uncertain
manner explained w h a t would
happen if rules and regulations
were not oboyed we have failed to
find any evidence of any warnings
and have heard of many express
ions of unstinted approbation by
the inspector, teachers and others
of the splendid work they were
doing in the school and of which
the excellent showing of the school
at the last examination is a fur
ther abundant proof.
Your Committee finds in the
case of Mr. Brown that the charge
against him is cxtrvm ly trivial
and that justice and fairness de
mand that he should be reinstated
or given an equally important
school if the Department feels that
such a transfer is desirable.
"As to Mrs. Brown we find that
her many years of unexampled de
votion, zeal and ability devoted to
teaching in this Territory entitle
her to the greatest possible a
mount of consideration and that
infractions of rules and regulations
should be looked upon with a little
more leniency than might be the
case with one just entering the
employ of the Department. In her
case we believe that an apology
for using the word "farce" at the
time of the occurrence of the in
cident referred to should be deem
ed adequate and at all events we
consider it her absolute right to be
heard bv the Commissioners in
her defense."
Respectfully submitted,
T. Brandt, chairman
A. H. Watkrhousk
Dk. K. HOI'JIANN
Lihue, Kauai. July 1, 1916.
Mr. Wishard moved that the re
port be adopted. Carried.
L. A. Dickey moved that the
secretary send copies of the re
port to the superintendent and
commissi o n e i s of education.
Carried.
For the committee on legislation,
Judge Dickey reported progress in
the matter of plans to go before
the next Legislature with amend
ments, to the school system.
Mr. S. W. Wilcox moved that
the report of the Brown committee
be published in Tim Gardkn Is
land. Carried.
Mr. Wishard moved a vote of
thanks to the committee. Curried.
!!DT
Ml
THE GOVERNOR HAS
SOMETHING TO SAY
The Governor has written the
following letter to the Department
of Education in regard to the
Brown case:
June 20th, 1916.
lion. Henry W. Kinney,
Superintendent of Public In
struction, Honolulu, T. H.
Sii:
I have before me a copy of your
letter of June 26th addressed to
the Education Committee of tl e
Kauai Chamber of Commerce.
I have very carefully perused
this letter and it meets with my
hearty approval and the Commis
sioners Public Instruction and
yourself, as Superintendent o f
Public Instruction, can reply on
my official support.
The Legislature of the Territory
of Hawaii has legislated such a
form for the control of and ad
ministration of public instruction
as it has deemed wise. It has
designated those in whom it has
confidence both as to devotion to
the youth of the land, wisdom in
their measures and fearlessness in
their administration
Any organization or organiza
tions or any dissatisfied individual
or individuals who attempt to
force personal interests and over
ride constituted authority embrac
ing six members of high chaiacter
and accomplishment are forgetful
that they are encouraging the
breaking down of as jnst and
couable authority as legislative
bodies can provide.
In this case there is no injustice.
No person or persons or their
friends have a right to attempt to
fix on the Territory a duty to pro
vide livelihood other than as the
legislature may in its wisdom pre
scri! e.
This .igitation has gone beyond
the individual cases and now in
volves respect to constituted au
thority, nnd it will not ill serve
the public if the public reflects on
the consequences of agitation in
behalf of personal preferrnce rath
er than general principles and or
der. Very respectfully,
L. E. PinkhaM,
Governor of Hawaii.
Hr"
The Ommanneys Depart
Miss Katherine Ommanney and
mother left Lihue bv the Kinau
Friday afternoon for their former
home in Colorado. Miss Omman
ney had been an instructor in the
Kauai High & Grammar School
for a vear, but decided not lo ac
cept appointment in the Islands
for another period. Both the young
ladv and mother are leaving many
sincere friends and well-wishers
behind here.
uuu
TOMORROW
