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The Stat Is An IntelligentProgressive Newspaper i -i TELEPHONE 365 STAR Business Office IIJBLrSfiJSkrll JMQT GJ1 Slx SECOND EDITION VOL. XVI. HONOLULU, HAWAII, TITSDA7, DECEMBER 29, 1908. No. 522.1 7 50,000 PEOPLE ABE W w a a UHzau vans wwhru captain tullett a Honolulu w w -- v WILL TAKE THE OATH OP OFFICE NEXT THURSDAY THE SU PRTME COURT HOLD3 THAT THERE CANNOT BE A RECOUNT UNDER THE LAW, BUT THINKS THAT THERE SHOULD BE LB- e GAL PROVISION FOR ONE IN ALL CASES! CAPTAIN TULLETT HONOLULU HARBOR DELEGATE TO WASHINGTON. According - : - e eraj statement -t- just after Supreme to a made this morning the decision of the Court upholding the legality of his election had been announced Mayor-elect Joseph Fern will take his oath of office on next Thursday and will then make his announcement of the men whom ho. will appoint to the various positions under his control Hodid not care to give out any announcement at the present time. Mi e 9 Ota this morning The Supreme Court decided not to recount the ballots for mayor. After reading the decision In the case the Chief Justice added: "I may say in addition to this that we all feel and- feel very strongly that a recount should he a matter of course in every instance. This might be done by a Board of Canvassers or some other body selected for the work and should bo done on the statement of a number of voters, perhaps ten, as is the custom under the Massachusetts statute. Perhaps the Board of Super visors of each county would be the proper authority to handle such a mat ter. "If the validity of any ballots In this recount should bo made a ques tion by either side this matter, as a question of law, might then properly como up before this Court." The decision, written by Chief Jus tice Hartwell, Is as follows: According to the practice in former election contests the defeated candidate could not obtain rq-exsimlnation of ballots unless upon a showing, which was made in each case, that he had knowledge or direct Information of some "fraud, qccldent or mistake which would invalidate or change the result of the election. It must be a real and not an assumed or hypothetical fraud, accident or mistake to make an issue on which a controversy between can didates can arise. There is no con test or issue of fact or law presented by a statement that a decision of 1ns . pectors ought to be reversed, correct ed or changed because petitioners be lieve, without definite information, that the decision was incorrect. The peti tioners Insist that it is unnecessary that the petition bo verified at all and that the-court, after answer fl'.ed, had no Jurisdiction, before hearing evi dence, to -require the petitioners to prov.e any of their -allegations. This has not been required further than to ascertain from the petitioners whether they all had knowledge or direct In formation concerning their charges, the object being to avoid re-examining .bal lots uponmere surmise of petitioners or others that there were Irregular ities. One of the attorneys of the pe titioners is consistent in claiming that the law does not require of any peti tioner any knowledge or direct infor mation as to any irregularities charged. In this view any qualified voter, If he can get twenty-nine others to join him in a petition setting forth that any one believes that there has been error of the Inspectors, can require the ballots examined and passed upon as well as counted. The statute (Section DC) requires that ''All questions as to the validity of any ballot cast at any election held under this act shall be decided imme diately and the opinion of the majority of the Board of Inspectors of Election at each polling precinct shall be final and binding subject to revision by the Supreme Court of the Territory as here inafter provided;" and further (Sec tion 57) that "Any candidate directly interested" (it will be observed that a candidate Indirectly Interested has not this right) "or any thirty duly qualified voters of any Election District may file a petition in the Supreme Court setting forth any cause or causes why Matson Navigation Co. S. S. Hllo nlan, Captain Peter Johnson, left the foot of Nuurtnu street promptly at 11) o'clock this morning with a fair num ber of passengers, 1,000 tonB of sugar and the usual miscellaneous Island freight Among her passengers was Captain Tullett, of this city, who goes to Wash ington as delegate for the Masters and Pilots, Honolulu Harbor, 54, In the In terests of harbor and navigation im provements in these Islands. He will call on the President and will appear before Congressional committees. This Is the second time Captain Tullett has represented local navigation Interests and his work has been effective. It really begins to look as though two years ago one hundred and twen- there was some chance that ,tho Wai- ty individuals and estates own pro- I ...1. I t. 1 . 1. i I 1 J.1. kiki Reclamation Commission would 'u' " uuecieu uy iue . , .1 . proposed reclamation scnemes. this make its report In time for the com- numbor haa been ag has tho ing Legislature. It has been announc- area to uo x-eclalmctl through the re ed that during the first week of tho cent purchase mnde for fortifications coming year, or very soon after, a and barracks by tho United States meeting will be held in the Throne War Department. Tho largest hold- room of the Executive building, at ers at that time were as follows, the which opinions will -bo asked on the figures showing the number of acres: subject from both tho general public Bishop Estate, 114; A. S. Cleghorn, and those who are interested In the 48; John Ena, 24; E. C. Hobron, 30; matter. !' II Estate, 32; Kaplolanl Estate, 12; The holding of this meeting will Lam Wo Sing, 18; Queen Lllluokalani, take place just as soon as a large map 23; J. A. Magoon, 10; Queen's Hospl of tho district to bo reclaimed can bo tal, 117; Territory of Hawaii, 80. completed, which will show tho work it is stated that tho work In filling needed in full detail. Then a general in the duck, ponds, etc., at Walkiki Invitation will be sent out through which will be done by tho military the press while special notifications authorities' Will not be connected with will be sent to those who have inter- the Territorial work in any manner ests involved. hut be independent 'and still not con- According to an abstract made up fllct In any way. KAUAI COUNTY AUDITOR MUST AVAIT UNTIL A SUCCESSOR IS QUALIFIED, (Continued on Page Five.) A RELIABLE! REMEDY FOR CROUP. With the dry, cold weather of the early winter months, parents of croupy children should be on the alert for ominous symptoms. There Is no cause for anxiety when Chamberlain Cough Remedy is kept in the home. If this medicine is given as soon as the child becomes hoarse, or even after the croupy cough has appeared, the attack may bo warded off. For sale by all dealers, Benson, Smblth & Co., agents for Hawaii. COMBINATION LUNCHES. Combination lunches, 25c, 35c, 50c, and 75c, at the Alexander Young Cafe. Dinners 50c and 75c. "It is an ill wind that blows nobody good, as adage says, a statement which will bo agreed to by County Auditor Olaf Omsted, of Kauai. As the re suit of the decision of the Supremo Court which found tho contest be tween Charles Blake and Georgo Bak' er to havo resulted In a tie, ho will hold over in office for at least one month more. The county act of 1905, which pro vldes for tho government of all the Islands of the Territory with the ex ceptlon of Oahu, states that In case of such a predicament as has occurred in the present Instance, "All County officers, except as herein provided shall hold office for two years and until their successors are elected and qualified." According to the same act when a special election is to be held the Su pervisors must Issue the election pro clamation at least forty days before such election shall take place. This give Omsted at least a month more In office, as has been stated. y OB FLYING WEDGE TO OUTR00T CRIME Sheriff-elect .larrett, Depiny Sheriff- which does not appear so much on the elect Rose and Chief of Detectives Jack surface, but which, as a fatter of fact, Kalaklela, he who is chief at present is as serious if not more serious in its and also Chief-elect, aro forming tho apex of a flying wedge, to be backed by those under them in office, to pierce the crowd of more or less petty out laws which has for some time Infested this city and environs. In consultation, tho new heads ot the pollco department havo about con cluded that thcro are several gangs of young men at work in petty thievery, night marauding, window work, amateur highwaymanshlp, to say nothing ot a branch of criminality far-reaching effects as any other lino of wickedness. It Is for this reason, this determin ation to rid Honolulu of mysterious crime, that the extra Ave bicycle cops, known as blcyclo specials, have been appointed. It will be for them to re inforce tho detective force; to scout and to secure; to follow up and to ap prehend. ' , Jarrett is of opinion that ho has (Continued from Page Five), ATI Fine Job Printing, Star Office. Is A F El FROM Theft and Fire W HERE? Not in a desk at homo or at tho office Not in a small safo at either place but in 0110 ot our SAFE Deposit BOXES Rout Is 50c a month, $5 per year. TlUS! CO., LID,, 923 FOIl SKCE SHOES For Men ALL THE NEW SHAPES MAINLAND PRIORI aumcba friuurr. Tn preparation for an irrigation scheme under government auspices for tho -windward side ot the island ot Kauai, Surveyor Harvey, acting under the requost of tho Superintendent ot Public Works, has commenced to tako measurements of the water in tho streams in tho vicinity of Kapaa, Ola hena and Anahola. Some flguros of this kind have been obtained from tho plantations, but they wore incomplete and unsatisfactory, bolng mostly taken at irregular intervals. Tho necessity or obtaining such flg uros boforo going ahead with comp'ote plans for Irrigation Is apparent and It Is proposed to got tho needed data In this line as quickly as possible. Super intendent Campboll has also submitted a preliminary report on tho Kapaa town water system to Acting Governor Mott-Smlth. GREAT STEEL WIRELESS TOWER TO BE ERECTED HERE (Special Correspondence to Tho Star.) AVASHINGTON, D. C, December 5. In Hawaii, Washington, Colon and the Philippines, the Navy Department is planning to build the greatest steel towers ever constructed for transmis sion of wiroless messages. The first one will bo orected in Washington. It will bo 400 feet high, and will bo cap ablo of sending messages 3,000 miles by day or night andMri any kind of weather. As soon as It has been tested and proved satisfactory a similar tower will be erected in Hawaii, one in tho Philip pines and one in Colon. In Germany thore has been built a long distanco wiroless tower at Naucn, Just outside ot Berlin. Another is being built at Milan. Tho celebrated Elffol Tower In Paris is being put to this use. The Navy Department is vory parti cular about its equipment, and while f Continued on Pago Eight.) KILLED Associated Press Cable to The Star.) JT HAS COME. Wo lmvp received that largo ship ment of Tongu Japan rlco and wo are soiling It fast, as tho demand Is vary great. It aiiporaodsfi nil others In fla vor and aiinlUy. K. Yamomoto, solo djent, Hotel nonr Nuimnu. Tim JATIHTIrlfkvrHUIl. A Htw liipiHMit from the ltett of All tbt lutMi wMtart hiuI iwwUr mu. liuittrlek itoiurui ami I)H namr ul latin. HAS PRECKEL LIFE ESTATE Associated Press Cable to The Star.) SAN FRANCISCO, Docomuor 20. Tho will of tho lato Claiis Hprcckels was filed In probate today, It Hi von a Ufa lntoront In the ostnto to tho widow, nftor lior death to be divided betwfion Claim Augustus and Rudolph, two of tlio twtutor'a four wns, ami Mrs. I'orrN (formerly ICintim Hpreukeln), liU only daughter, who II vw In Uimliiinl. In the veiit of Miu death of any of Urn clilhlt'ei! httor tlia mother hi or their u)ww nra to tin dlvhlMl l)twwn tlit surviving ltmtM. (Jlftm A. lii'iM)iU hiuI ltinloili SyrwilwU art uumluttoU iu wwiuiora ( lu viii without minim. Rim ra iivtu eutoiuit powtr for tut mauuiit lutut of llit tfitatt . Ml) I). bui Ai)lu BuhmjUI wtrt iirmlf previa (or br ibtir Uikir Wm tlut SSMUlUui of till win, ROME, December 20. The number of dead in the great earthquake of yesterday Is estimated to total fifty thousand for the city of Messina. Tho death roll in the district may prove to be double this number. MANY CITIES IN RUIN. ' 1 -Many cities aro in ruins and numerous small towns havo been laid low. REGGIO ISOLATED FROM WORLD. Regglo is cut off from the rest or the country and is believed to havo been destroyed in tho earthquake. t SHAKES CHANGE SHAPE OF STRAITS. The Straits of Messina have been altered by the tremendous earth' con vulsions, the shape of the great waterway being changed to a considerable tlcgree' u Auaiii GKEAT LOSS OF SHIPPING. ; 'T" The loss to shipping has been terrible, many vessels' being sunk' or cast up on the coast. ., (- P1RE AND LOOT IN TERROR. ' " The city of Messina has been looted, ghouls stripping the dead of their jewels. The city is in flames. , MOUNT ETNA SHOWS FIiriY Mount Etna ie active and there is fear of further earthquakes. 4 KING AND QUEEN TO RESCUE. i . J Their Majesties the King and Queen have arrived on the scene-ot sut fet ing and are doing all In their power to relieve distress. , " "' POPE STARTS TO GIVE AID. , ' u f His Holiness, the Pope, has started a subscription for a monster Vun'd ' contributing a million lire. , ' ' WORLD RESPONDING TO APPEAL. From all over the world assurances ot financial aid to tho victims ot the earthquake aie being received in this city and all nations will respond to the call for funds, issued by tho Pope. FOREIGNERS AMONG VICTIMS. There aro many foreigners among tho victims ot the earthquake. PRISON AT MESSINA FALLS. Tho prison aj; Messina collapsed during tho quake and the prisoners themselves aided in sacking the city. CHIEF DEAD; BARRACKS DOWN. ' ' ' Tho chief of police is among the dead. The military, barracks., havo been demolished and the commander killed. . s; Sh s , WHOLE PROVINCE DEVASTATED. y f ) Tho entire province ot Calabria has been devastated and a great tidal wave has devastated tho coast. , LIVING UNDER THE DEBRIS. ' Scores ot men, women and children aro reported to be still living un der the debris of fallen towns and cities. 1,000 DEAD AT PALMI. One thousand aro dead at Palml. Hundreds have been killed at Bagnara and there aro a thousand victims at Casseniza. Five hundred are dead at Cosenza. TOURISTS, MONKS, NUNS PERISH. Tho tourist hotol at Palermo Is destroyed, many losing their lives. All tho priests, monks and nuns at Messina perished. -The Red Cross is active .everywhere possible. oooeocoiK3ocro E. J Lord, who on his visit East Re8t cups of concQ sold his interest in tho Hawaiian Now England Bakery. Tl.fullilni. fin . r- Alio ...Ml . . . W. IU L11U XJllJUlUUIjm, Will not for tho present engage In nny now enterprise hero. Instead he will spend somo tlmo in travel. Mr. and Mrs. Lord and family aro staying at tho Alexander Young Hotol. Company's POWDER Absolutely Puro Tito only baking powtlot niatlo with Royal Ornjio Oronm of Tartan Ho Alunif No Lime PliospliRtu ir, in 11 mK No Other Boot Has As Many Water-proof qualities, NEW LINE JUST RECEIVED. PRICE 19.50. Limilod