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THR GARDEN ISLAND, TUESDAY, MARCH 6, L917
awaiiao Trust Company, Limited
Honolulu, T. H.
(CAPITAL AND SURPLUS OVER $450,000.)
Real Estate Insurance
Autho rized by Law to act as Executors, Trustees, Administrators and Guardians.
Have You, Made a Will?
Stocks and Bonds
Safe Deposit Vaults
Do you realize that if you appoint an individual to act under your Will you are never sure he will live to carry out your Instructions?
In case of his death someone might be appointed whom you would not under any consideration have appointed during your life.
A Trust Company never dies and through its organization and working force, together with the advice of its Board cf Directors,
can always carry out your wishes in an economical and thoroughly competent manner.
All consultations in confidence and without any obligation on your part. Correspondence invited.
OFFICERS AND DIRECTORS
E. D. TENNEY, President
J. R. GALT, Treasurer
C. H. COOKE, Vice-President GEO. R. CARTER, 2nd Vice-President
H. H. WALKER, Assistant Treasurer S. G. WILDER, Secretary
F. C. ATHERTON, Director
R. B. ANDERSON, Director
C. H. ATHERTON, Director
The Brown Case
(Continued from Page 1)
twenty-live years, shall not have
such power. It would be an un
necessary provision if the expira
Hon of a eontraet gives the Depart
ment such power at any time. Tin
word "retire" here is not to he in
terpreted "discharge." In Section
9 is a provision giving to a teacher
who leaves the service before being
in it long enough to receive a pen
sion, the right to be paid back one
half his contribution to the pension
fund. Instead of referring to n teach
er "retired' by the Department,
the word "discharged,, is used.
Evidently within twenty years the
Legislature intends that the Depart
ment shall have no right to arbitra
rily retire a teacher at expiration of
a contract but only to discharge for
specific stated reasons.
This seems to me a construction
to be favored and in line with the
trend of the times. Civil service
rules in public service are constant
ly being extended. Our public
school teachers are expected to train
the character of the coming nation
and a construction of our laws in
accordance with a policy that will
make their service one that they
may look forward to as a life work
rather than a temporary job for a
year or two, is to me much the
more likely to be the one intended
by our lawmakers, though I know
that with many school boards not
the good of the children or the
country is the first consideration,
but the teachers, and as an act of
charity and gallantry, young and
inexperienced girls are preferred as
teachers to more experienced and ef
ficicnt teachers. Under the con
struction urged by respondents, no
teacher may, with confidence, look
forward to teaching in our public
schools as a life profession. A mar
rieTl woman may any year lose her
place should a Board adopt the
policy of excluding married women ;
a teacher from outside the Territory
or from a local Normal school may
lose his place as the policies of those
in control vary, oi even foi mere
to become a pensioner can not be
well measured. Petitioner lias a
right to the position irrespective of
the salary. Discipline, unity and
elliciency in the public service de
mand that public ollicers do their
duty. Mandamus is therefore an
This is not a case where the court
is asked to give an order that will
interfere with a dUcietionary duty
of a public ollicer The Depart
ment appears to have already ex
ercised us discretion, ii nas in li."
discrelion given petitioner a certifi
cate, decided him lit for the posi
tion oJ principal of Waimea school
and has not given mm notice of
anv hearing on any matter that
might authorize the Department to
dismiss him from the service. rlhe
Department has merely failed to do
the ministerial duty tint follows
after its discretion has been exer
cised Even without this there is
in this jurisdiction power by man
damus to force a public ollicer to
use his discretion where it is hi
duty to do so and he neglects to do
it. See Kanealli vs. Circuit Judge
Fifth Circuit 17 Haw. 1, S. Thus
the Department of Public Instruc
tion may be forced to appoint a
teacher in the service to a school
though not to any particular school,
in a case where it hti not already
exercised its discretion as to any
The objection that another teach
er is now principal of Waimea
school is not important because of
the power that the Department ha
to transfer a teacher from one .-ebon
to another (regulation !) ("2.) Should
there be any real dilliculty here,
respondents may show it more def
initely in a return to the alterna
tive writ. Reported cases do not
show that courts elsewhere that al
low the remedy of mandamus are
troubled at all by the presence of
another teacher in the position
from which a petitioner has been
wrongfully dismissed. Those who
refer to this .situation as a difficulty
do not rest their decision on it but
throw it in as good measure.
The conclusion of the court is in
accord with decisions cl-cwhere.
CALIFORNIA FEED CO
Hay, Gkain and Chickun
Sole Agents for
liitcrnalirmal Stock. Poultry Food
and other specialties. Arabic for
(online Iron Hoofs. IVtalunia In
culiiitnis and Brooders.
King's Spkciai. Chick Food
P.O. I5ox 452, Honolulu
in selling Shoes
means offering you footwear
ot known merit, verified
styles, at small profits. The
honest shoe merchant be
lieves in making his business
an institution; in small pro
fits, a busv store, permanent
71ft is is Regal Policy
Parcels Post will bring such
shoes to your door, from the
REGAL SHOE STORE
Fort & Hotel Sts. Honolulu
SPECIAL TRIAL OFFER
We have arranged for George Haas and .Sons of San Francisco tn mn t, Tdiai
PACKAGES of their best selling CANDIES and win TSS -FIVE I BOXES t
sorted sizes, free of postage, to any address in the Is-lands for 50f.
A small quantity of these packages is received weekly, in cold storage. Orders arc
filled in turn; i yours cannot be shipped by return mail, it will be filled after the
next arrival of fresli stock. uu-
ONE ORDER ONLY TO EACH CUSTOMER
ORDER YOUR'S TODAY
"Haas' Samples' on a post card, is sufficient.
enson Smith & Co., Ltd.
The Rexall Store
f 1 1 L sa , j& Si fflj
, political expediency, leacliers have Set Hrown VfJ. 0wen, CountvSuper
constantly been losing positions in !jntendeiit 2:5 So. Ho; Richards vs.
.1!JV 1 L ...... . 11 . 1. . .. . .. . l 1 '
uineieju mines uu an uiese grounds.
All absolutely unregulated power to
at any time change a good teacher
for a better one is not likely to in
crease the general good of tin
schools. For tho best teachers, un
nhlo to foresee tho views of future
members of the Department, may
bo shy of entering our public
With the conclusion that a teach
er in our school system has a posi
tion that has a tenure- largely deter
mined by law and not merely by a
contract, tin; grounds of demurrer
fall. The terms of the particular
contract are immaterial saveasthoy
show that the Department has de
termined that petitioner is fit for
the position of teacher, for the De
partment may not by contract set
aside a law.
Thero is not an adequate ruined v
nt law. Tho tenure is not for a
iixotl linio and so tho dutnagas can
not bo accurately fixed. The right
Newest, Coolest Hotel in Hawaii
Fort Street Honolulu
for hire at all hours.
Tel. 482 Car No. 540
Catalog Prices Withdrawn
Owing to the great increase in material and manufacturing cosls
during the paSt year, we have found it necessary to withdraw al
published catalog prices until further notice.
will ho sent to any responsible resident of any of tho Islands, from
which selections may be made as though one were purchasing in the
H, F. Wichman & Co.
Jewelers and Plaiinumsmiltis
School District of Oregon 7S Ore.
721; Kennedy vs. San Francisco
Hoard of Fducatfon S-J Cal. lti?. I
adopt the following language un-d
by the court in Mrwn vs. Owen,
supra, as applicable to this cae:
"In our )iinicui, the petitioner lias a
valuable right, under the teacher's license
held by him, the lo..s of which cannot Iks
compensated in damage, ami this is suf
lieient to entitle him to a niiiiiilnmus.
So long as the petitionei holds his license
to teach, he is pos.-es-cd of rights not to
Do denied linn, and of winch he cannot
he divested except upon the grounds
mentioned in the statute- and in an In
quiry to this end, he mii-t he proceeded
against iijion written specilie charges,
after due notice, and by a fair trial, and
h disreirard of this rule may authorize
the intervention and judgment of the
proper common law courts."
The demurrer should be over
ruled on all grounds, and respon
dents make further return to the
alternative writ showing compliance
with the order of the court or fur
ther cause if any they have why it
should not be ulieyed.
An order In conformity with thin
opinion will be signed mi presenta
tion. Lihue. Kauai, February 2S, 1017.
(Sgd) Lvi.k A. Dkki:v,
Judge Circuit Court Fifth Circuit.
Territory of Hawaii.
For a Republican County Conven
tion to lie held at Lihue, County of
I Kauai, March Ki, 1.)17.
j In aeordanee with the roquirc
' incuts of the Republican party, Ter
iritorynf Hawaii, the Republican
! Precinct Clubs throughout the Coun
! ty of Kauai are hereby notified to
meet at 7:150 .1. M., on Thursday,
.March K", 11)17. for the purpose of
making nominations for delegates
to a County Convention.
Nominations shall be open from
7:!50 to S:8() P. M. to ho filed in
writing with the chairman of tho
The persons ho niiminntei shall bo
voted fur ut ti Primary Election to
bo held in each precinct on Satur
day, March It), li)17, between the
hours of 7:30 and S:!50 P. M.
Each precinct Club shall be en
titled to one delegate.
The Delegates so elected are call
ed to assemble at a County Conven
tion to be held at the County litiild
ing, Lihue, at 10 A. M. Thursday,
March 1(, 1117, for the purpo.e of
adopting a County Platform and for
such other business as may be pro
perly hi ought before it.
Ciias. A Rich,
Executive Committeeman Repub
lican Territorial Central Committee.
In Tmt Circuit Coukt, Fifth
Circuit , Tkkkitoky oi'
At Chambers In Probate.
In the matter of the estate of
Manuel Joaquin Pavao, deceased.
Notice to Creditors
The undersigned Manuel J. Car
vnlho, the duly appointed , quali
fied. and actiiiR administrator of the
estate of Manuel Toaquin Pavao, de
ceased, hereby gives notice to all
persons having claims against the
Estate of the said Manuel Joaquin
Pavao, deceased to present such
! claims.duly anthenticattd.and with
jptoper vouchers, if any exist, even
though such claims be sacuted by
mortgage ot real estate, to the un
dersigned, at his place of business
at Makaweli. Kauai. Camn No. 4.
, Territory of Hawaii, within six
montiis trom the date of this pub
lication. and if not vet due within
six months from the day thev fall
due, or such claims will he forever
Dated at Lihue. Kauai. March
Administrator of the estate of
Manuel Joaquin Carvalho,' deceas
ed. Mai. 6-13-20-27.
To Tho Voters of Kawaihau Dis
trict : - I respectfully announce in
self as acandidato for supervisor on
the Republican ticket at the coming
election. J request an votl,rri ()f
Kawaihau district to give me their
support and if favored with the
nomination and election I promise
my best efforts in the interest of effi
cient and satisfactory county gov-j
Thanking all voters in advance
for their support, I am,
Kealia, February 20. (tf )
Lsuihala mats for sale.
Mns. R. Fountain,
To The Public: I beg to an
nounce that I will be a candidate
to succeed myself as county super!
visor from the Waimea district,',
and invite tho support of voters ;4
the primary election to bo belli
April 7, next.
Waimea, February, 10, 1 017.