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title: 'The Garden Island. (Lihue, Kauai, H.T.) 1902-current, March 20, 1917, Image 1',
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Image provided by: University of Hawaii at Manoa; Honolulu, HI
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' ' ' '"if
Miw Eliie Wilcox.
I I$ccts, no sale
ESTABLISHED 1904. VOL. 13. NO. 12.
LIHUE, KAUAI, TERRITORY OF HAWAII, TUESDAY. MARCH 20, 1917
SUBSCRIPTION RATES, $2.50 PER YEAR 5 CENTS PER COPY
DECISION ON DEMURRER
IN CASE OF THE BROWNS
Judge Dickey, yesterday after
noon, rendered the following deci
sion on the demurreri n the above
In the Circuit Couut oi thk
Fifth Circuit. Territory
In the matter of tho application
of Henry C. Brown for a writ of man
damus directed to Henry W. Kin
ney, Superintendent of Public In
struction of the Territory of Hawaii ;
Leopold Blackmail, W. II. Smith,
Eric A. Knudson, Alary Atherton
Richards, 1). C. Lindsay and Em
ma A. Bond individually and as
members of the Department of Pub
lic Instruction in and for the Terri
tory of Hawaii, and as commission
ers of the Department of Public In
struction of the Territory of Hawaii.
Upon demurrer in this case it was
held that our laws properly eon
. strued provide that a teacher in the
public schools of Hawaii, once ap
pointed, is in tho service of the De
partment of Public Instruction, may
at the expiration of any school year
receive a regular contract for the
ensuing year if up to standard and
will not be dismissed from the ser
vice without notice of the reason
and a hearing.
Tho return of respondents to the
alternative writ admits that peti
tioner was employed by the Depart
ment of Public Instruction under a
contract, a copy of which is append
ed and that they have refused to
allow him to teach. in any school in
the Territory since August 31, 15)10.
This contract dated June 15)15, is
for the school year ending August
31, 1916. The evidence taken shows
that Mr. Brown has been a teacher
continuously for about five years.
The contract and time of service
are immaterial as decided on the
demurrer except to show that Mr.
Brown has for some yeais had a
status of teacher and was as such
entitled to notice and a hearing be
In general the allegations as to
petitioner's efficiency are admitted
in the return. It denies however,
that petitioner's services as princi
pal were always satisfactory or that
he was so informed and denies that
he has not committed an act of in
subordination and alleges one such
act in that he refused and failed to
obey instructions of the Department
of Public Instruction relative to the
promotion of pupils but makes no
specifications as to any matters in
which petitioner's services were un-
satisfactory other than this one in-
. TODAY'S STOCK QUOTATIONS
Note The quotations below are the prices at which tho stock sold
on exchange or the approximate price at which it may be purchased
Ewa Plantation Company 31 3-4
Hawaiian Commercial it Sugar Co. 4!) U'l
McBryde Sugar Company ' 10
Oahu Sugar Company 25)
Olaa Sugar Company 14 1-4
Pioneer Mill Company 30 1-4
Waialua Agricultural Company 30 3-4
Honolulu Brewing and Malting Company 17 1-4
Mineral Products Company 5)0
Honolulu Consolidated Oil Company 325
Engels Copper Company . 0 7-S
Mountain King Mine 2S cents
Hawaiian Sugar Company 38
Onomea Sugar Company 0
Hawaiian Pineapple Company 4! 1-4
Oahu Railway & Laud Company 102 1-2
Mutual Telephone Company 0
Hilo Railway (7l Pfd) S 1-2
Hilo Railway (Common) 2 1-2
San Carlos 10.
I lonokaa , 1 0
Montana Bingham 44
stanceof disobedience to instructions
relative to the promotion of pupils
and no details as to this instance
that would enable petitioner to iden
tify the occasion or the court to in
vestigate it. The respondents were
not present in court at the time set
for a return to the alternative writ
either personally or by attorney and
made no request for any continu
ance in order to take testimony.
Testimony was given by petitioner
and I find as fact that pntitionor's
services as teacher were satisfactory
and that he has not been insubordi
nate. Even if this were not so, how
ever, it would not avail respondents
for there is no claim in their return
that there has ever been any notice
to petitioner or any hearing in re
lation to any dismissal from the
service either because his services
were unsatisfactory or because he
was insubordinate or that the failure
to re-appoint him was on either of
The return makes a general denial
of petitioner's allegation that he
was never given a notice or hearing
and alleges that his contract of em
ployment as a teacher expired Aug
ust 31 l!)l(i and that "for the good
of the department" he was not re
employed or reappointed as a teach
er, and that on August 14th. and
loth. 1910 they gave him a hearing
at which he appeared with witness
es and counsel and was heard and
was informed of the reasons for his
non-appointment which was that
such dismissal would bo "for the
benefit of the department" and that
after said hearing the respondents
refused to re-appoint him or to em
ploy him after August 31, 101(5, as
a teacher in tho public schools of
No specifications of the charge
that "such dismissal would be for
the benefit of the department" are
alleged to have ever been given pe
titioner. No one could be expected
to answer such a charge nor any
Board of Public Instruction to act
intelligently upon it without more
details. It alone and unexplained
1 feel sure is not the notice required
by law. Moreover, curiously, It
does not appear from the roturn,
that this, the only notice alleged,
was given before the hearing. Ap
parently the hearing occurred first
and the "notice" aflerwaid, the
"notice" not being one that charges
had been made and that a hearing
would be had at which petitioner
would hear the evidence against
him and be allowed to answer it,
but a notice that the Department
had already acted. It is hard to
(Continued on page 5.1
A BRIDGE PARTY
AT THE BRQDIES
Although the weather was incle
ment, a goodly number of ladies
enjoyed the bridge afternoon at
which Mrs. Hugh II. Brodie and
Mrs. John II. Bole were hostesses.
For the highest score Mrs. C. B.
Hofgaard was given a beautiful
vase, and Mrs. Guy F. Rankin was
condoled with a novelty for "do
feet" (defeat). Besides the above
mentioned, the guests, were Mcs
damos Eric A. Knudson, William
Dan ford, F. Banhain, W. K.
Schultze, K. A. Lyman and her
guests, Mrs. Lyman, Mrs. T. Bau
lnan, and Miss Gladys Auerbach;
R. N. Oliver, Kahlbanm, B. I).
Baldwin, Douglas Baldwin, II. Nor
man Browne, E. G. Deverill. F. A.
Alexander, G. B. Leavitt, William
Ilastie, Karl Roendahl, Allen Cree
voy, R. D. Moler, A. R. Glaisycr,
II. D. Wishard, J. L. Robertson,
Menefoglio. and Miss Marie II. An
derson. PROCEEDINGS OF
In the Circuit Court the case of
the Territory, by Arthur C. Wheel
er, acting superintendent of public
works, vs. VnnieS Knv.dsen, et al,
having to do with the condemna
tion of a site for the extension of
Waiinoa landing, was continued for
The ejectment case of John Bry
ant vs E M. Pulei, etui., was dis
continued. The trespass case of William
Kuhhnanti against Fong Koon Yuen
resulted in a verdict for the plain
tifi', who was awarded $255 and
The case of II. P Fnyo vs. The
Garden Island Honey Co., et. al.,
was set for trial on March 23.
In the replevin suit of Maria
Augusta Rapoza vs. Manuel Rapo
za, tho appeal was discontinued.
In the ease of the Territory vs.
Chang Sang, larceny in the first
degree, there was a fine of $300 and
Kyohei Doi, the man who shot
his wife and himself above Hana
inaulu a few months ago (both re
covering), plead guilty to assault
and battery ami was sentenced to
imprisonment for one year.
In the case of the Territory vs.
Manual Costa, manslaughter in tho
first degree, committed from Wai
mea, defendant entersd a plea of
Hawaiian Board Dinner
A new departure in church work,
so far as Kauai is concerned was the
very successful dinner given by the
Union Church on Friday evening,
in tlw interest of the Hawaiian
In spite of most adverse weather
conditions a goodly company of
some 45 guests sat down to a boun
tiful repast in the Lihuo Union
church parlors, where good humor
and good fellowship combined with
tho toothsome viands to make a
most enjoyable alVair.
After the dinner the company
withdrew to the main auditorium
of tho church where Mr. Richards,
the long time treasurer of the Board,
gave a very luminous, original and
entertaining concensus of the work
of the Board, reinforced by chart
diagrams and tabular statements.
At the close of the meeting pledge
cards were distributed, to bo filled
up and passed in later.
The following announcement is
made by the committee on the mili
tary ball set for next Saturday even
ing: Owing to the energy and interest
displayed by all the National Guard
officers the success of the Military
Ball to be held Saturday is assured.
Everything is arranged for already,
ami all that there is left to do is to
complete the sale of the tickets and
the last final decorating.
It is the aim of the committee in
charge to leave nothing undone that
will make the evening as interest
ing and ontoi tabling as possible,
and it is even hoped that some of
the features will prove instructive
Everyone has heard of the use
being made of bayonets in the mod
ern trench fighting. There will be
during the evening an illustiation
of the use. of the bayonet both in
the attack and parry, to be given
by four selected squads who are
now preparing for this event.
The committee in charge wishes
through these columns to thank
the people of Kauai for the support
tliey have been given and to ask
that this support be continued. The
preparation for the ball has been
greatly facilitated by the way that
every body has been backing the ef
forts of the committee. Everyone
with no exception has assisted in
every way possible. The committee
hopes that everyone will now give
the help that counts, by buying
tickets and coining to the ball
whether it rains or not.
It is through the kindness, of the
musicians of Kauai that there will
bo three bands to play, which cer
tainly will be u unique feature.
Everyone of the musicians asked,
volunteered without the least hesi
tation or reluctance to contribute to
the success of the ball.
To summarize the salient features
of the evening:
1. Adm. to Military Ball $1 00
2. " to look on 25
3. Music: 4th. Inf. Military Band
Peter Malina's Hawaiian
2nd. Bat Filipino String
4. Exhibition Drills
Manual of Anns
5. Ceremony: " Presentation of
colors to the regiment'.
0. Dancing as long as people wish
7. The enormous crowds that
will be present.
S. At close of the evening TAPS.
L00M1S' TALK TO
"Making life on tho plantations
worthwhile" was the subject of a talk
that CIims. F. Loomis gave to the
sugar technology students of the
College of Hawaii last week.
Ho told of the progressive meas
ures the Kauai planters are using to
keep their labor contented, happy
and ellicient. Specific illustrations
were tho (lower Gardens of Kilauea.
tho armory at Kealia, the good
housing and club work of Lihuo,
the club house for Filipino" at Mc
Bryde plantation and the welfare
work and night school classes of
Makaweli, Wainiea and Kekaha.
The fine work of the National
Guard, t h e public schools, the
churches, mid the Y. M. C. A. to
ward making country life more
satisfying was brielly outlined.
Honolulu The heaviest konn storm in yeais took place duriiiL'
Sunday and Monday, the rainfall being very heavy. It rained most of
the night until 5 this morning. Damage yet undetermined. Yesterday
the streets were hub deep in water and cars had to run slow.
The charter me 'ting has been postponed.
Dr. Judd is due to arrive this morning. A band and many friends
will meet him at the dock.
It is expected that the Harbor Board will receive a letter from Haek
felI it Co. this morning in regard to the interned ships, about which
there has been considerable correspondence. Otherwise the situation is
On The West Front
New York (London last night reported that tho British were mov
ing rapidly on Cliambrai. the center of the French coal region. The
British alone have taken more than forty villages, this in addition to
sixty odd previously taken by Ilaig.
The Germans are still on the run.
London also announces the shelling of Monastir by
many civilians being killed, including Americans. The
German Losses In War
The German losses in February as reported from Berlin were 00.471
and the total losses since the war began 4,LbS,103, exclusive of naval
Paris Alexander Ribot will form a cabinet under Briand.
Sailors Believed Lost
Plymouth The crew of the Yigiliancia are beliiV'd to be lost.
Many Submarines Planned
Washington Arrangements have been made for calling for bids for
200 submarines from private gnus in addition to the sixty previously
ordered and under construction at the Brooklyn navy yard. The Presi
dent is expected to announce his policy in regard to the now boats in tho
next forty-eight hours.
London The British have smashed more than forty-live miles of
the German lines in their drive, driving the Germans ten miles south of
Bapuumo. The French great attack extends over a 37 mile German
front and twelve miles back. Many towns have been taken.
General von Hindenberg huriies to see the Kaiser and explain.
The Strike Is Off
New York The strike is oil'. The railroads have authorised tho
c nnniittee to grant the men any hours necessary to ensure peace.
U. S. Ships Sunk
Washington Submarines yesterday sunk three United States ships,
The City of Memphis, flying the U. S. ilag, was sunk, a few being kill
ed. The Yigilancia was sunk without warning, 11 persons being lost.
The Illinois was torpedoed but tho crew was saved.
Wilson Considers Drastic Action
President Wilson is considering a special session of Congress to be
held in May to order the navy to clear sea lines for United States ships.
The diU'orent committees arc working hard to make the military
ball next Saturday ovenimr. a trrand succors. Everybody is assured n
warm welcome and a good time.
The Sunday Services
At Lihuo Union, Mr. Richards of
the Hawaiian Board talked very in -
terestingly and entertainingly on
'The Drift of Spiritual Things on
the Mainland" from which he has
r gently returned.
There was a strong choir and the
congregotional singingwas excep
tionally good, in addition to which'
more was a one quartet, ineeiuuen
was effectively decorated in large
masses of hibiscus.
At the afternoon service in Koloa,
a number of his old pupils graduates
of Kamehaineha, of which Mr.
Richards was for many years the
principal, were gathered to meet
him, to whom he talked with kind
ly interest on the Fourth Psalm.
In the evening, at Eloele, he des
cribed the work of the Hawaiian
Hoard, most luminously and with
many an effective turn of genial
Port Allen Shipping
The barkoiitine Beliuga arrived at
Port Allen last Thursday with a
cargo of nitrate for neighboring
plantations. She will probably sail
again on Wednesday. .
Hawaii And Prohibition
(Special Correicmileni'e of Tin: (i.wui:N
Washington, 1). t, March f
Hawaii is the only portion of the
United States which has escaped
prohibition legislation during the
session of Congress just closed. The
Philippines, Porto Rico, the Distiict
o Page 6
! A Coining Entertainment
Nov. Frank Scudder, of Honolulu,
1 has written to the local Y. M. C A.
I people that he will come to Kauai
soon to put on a dramatization of
Henry van Dyke's "Other Wise
Man." He will bring a beautiful set
of costumes with him and will train
a group of local actors, selected from
the island Sunday Schools.
Armories For Kauai
In the appropriation bill introduc
ed by Senator Shingle in the Senate
is a provision for S7,000 for armor
ies for the National Guard on Kau
ai. It is a lump item and the loca
tion of the armories is not stated.
Mrs. Knudsen's Party
Mrs E. A. Knudsen gave a bridp e
luncheon yesterday in honor of Mrs.
F. Banhain who expects to leave
for California next week.
of Columbia, and practically all
parts of the United States, except
ing Hawaii, have had some form of
prohibition imposed. Although a
persistent lobby worked all through
the session to secure legislation to
include Hawaii in the prohibition
area nothing definite was decided
upon and, probably, no further
steps will bo taken until Congress
meets in regular session next De
cember. Although a refernduni was
refused for Porto Rico it is likely
no legislation will be enacted for
Hawaii which does not recognize
either tho initiative of the legisla
ture or a plebeseite.