Newspaper Page Text
THE HAWAIIAN STAR, THURSDAY, APRIL II, I'M J
m o oi
k" TT Tf""" vrmmmm
Hon. Richard Bartholdt, In tho
Houso of Representatives, on Mon
day, February 2G, mado tho following
Tomarks on tho recall of judges:
Former President Roosevelt's advo
cacy of tho recall of judges and court
decisions has mado this proposition u
live political Issue, especially In view
of his announced candidacy for tho
Presidency. One of tho latest expres
sions from a member of a court on
this topic was an address delivered by
Associate Justice Stafford, of tho Su
premo Court of tho District of Colum
bia, Justice Stafford said, in part:
"Wo havo built our Institutions on
the proposition that tho people havo a
right to rule. Their will is mado
known through tho suffrage. And
when opinions differ, as they usually
do, tho majority must govern. But
that is not tho whole of the proposi
tion. It it were, thero would bo no
safeguard whatever for tho rights of
tho minority. Tho majority might ap
propriate their property. It might re
duce them to slavery. It might even
tako away their lives. Tho proposi
tion takes for granted, then, certain
guaranties for tho protection of the
minority. And what are these? They
aro thoso elementary rights which no
majority however large, may ever vio
late. They havo been recognized in
constitutions and bills of rights, but
they woro not created by them. They
Inhere In free government Itself, for
human freedom Is impossible without
thorn. Among theso rights there is
r.ono more important than this, that
no citizen shall be deprived of his
liberty or property except by the
judgment of tho law, and after a trial
before an independent and impartial
tribunal. We havo now como to tho
keystone of the arch. It Is this: The
majority of th lo'gal voters can not
constitute itself this tribunal.
"If it can, it still holds the prop
erty and lives of tho minority in its
hands, subject to its mere will and
pleasure, for thero is no one. who can
call it to account
Sets Forth An Example.
"Let us inquire whether this rea
soning fits tho facts of the present
timo. Tako but one example: A po
pular majority, through tho legisla
ture elected by it, or more directly by
the lnltlatlvo and referendum, enacts
a statu to requiring railroads to car
ry passengers for 1 cent a mile. A
test caso comes boforo tho court. The
railroad insists that tho act robs It
op Its property, and tho court so
holds. Thereupon the samo populaf
mnjorlty votes tho judges out of of
fice and elects to till their places
judges who will rovcrso tho decision.
Has not tho popular majority consti
tuted itself the court7 May a man
bo tho Judge In his own caso?
"Let us test the measure by anoth
er fundamental principle. A despot
mkes th law and also decides whe
ther tho particular caso comes with'
In the law. Or ho may Just as well
dlspcnso with tho law, since no ono
can question his decision' that the
case comes within It. On tho other
nand, in a freo government ono body
makes the law, tho general rule,
while another body decides whether
tho particular case fall? within the
rule. Thus tho citizen Is protected.
Wo call it keeping tho legislative and
judicial department separate. In a
despotism they aro united. In a free
government thoy are separate. Now,
i tho popular majority not only
makes the law but also decides whe
ther a given caso falls within it, then
the legislative and judicial powers ore
united in tho samo body and tho
government coases to be freo and be-,
corns a despotism.
"Tho proposal to recall judges for
unpopular decisions is nothing less
than a proposal to abolish courts. To
abolish courts is to abolish freedom.
However Innocent the motives of
tLoso' who propose tho measure, no
deadlier blow was ever aimed at the
heart of human liberty than this.
Tho people havo only to understand it
to reject it They aro not ready to
throw away tho fruits of their long
labors and unnumbered battles, lab
ors endured and battles waged for
this very thing, that under tho broad
shield of a sacred and Inviolable jus
tice tho weakest or most hated might
rest secure in their liberty, their
property, their lives. They will dis
cover tho tyrant under this flatter
ing disguise. And In tho end they
will consign to obloquy tho names of
thoso who would havo tempted them
to their destruction."
Tlio Jnpancso of Honolulu, under
tho leadership of S. Shchn, aro inau
gurating n. Hnnds-Around-Uic-Paclllo
celebration of their own that will
ccmo off Sunday afternoon at the
Jrmcs Robertson placo on Nuuanu
avenue. About a thousand gucets of
all nationalities will bo present as
Mr. Shoba's guests, to honor the five
thousandth lssuo of tho Hawaii Shin
Governor Frcar, Alexander Weston
Ed. Towse, Prof. Scott, W. O. Smith
Conssul General Uyeno, M. Akal and
Mr. Tsuroshlma will bo among the
distinguished guests who will prob
ably mako short address. The
groundB will bo beautifully arrange
in Japanoso stylo, and Mr. Shoba has
arranged for all kinds of entertain
A Japanoso stage Is being erected
A Japanese drama and a number of
Japanese dances will bo performc
O. K. Ozawa will explain in Englls
tho meanings of each of these drama?
and dances. On tho grounds thoro
will bo Japanese fencing, juggling
and archery contests, and booths for
all kinds of refreshments, that wll'
b offered to tho guests by fifteen of
the prettiest geisha girls in Hono
lulu. Invitations havo been extended
to tho leading citizens of each na
tionality. Thoso members of the
Handa-Around-the-PacIflc Club that
wish to secure invitations to this uni
que celebration can do so by apply
ing at tho Public Service room.
MUIR IN SUCCESSFUL SEARCH.
NEW YORK, March 28. John Muir,
tho naturalist, who has just passed
his .seventy-fourth birthday, was back
In New York today after a twelve
months' expedition, which would have
taxed tho energies of men forty years
his Junior. Ho started out in April,
1911, in search of tho auracarla tree,
which he had seen before only in fig
urative captivity in the botanical gar
den of civilization, but which ho
thought might be found native In some
of the Amazon forests. Tho treo is a
survival from an early geological pe
riod and is regarded by botanists as
one of tho most interesting In exist
After tho journey of 1000 miles up
tho Amazon Mr. Muir found largo for-
Contains no boracic acid. Complies with Pure Food Laws
H6NRY MHY 5t CO., LTD.
Leading Grocers Telephone 1271 Fort Street
csts of auracarla trees, which are
known to tho natives as tho "monkey
puzzle,1' because of (ho spiny bark,
which makes it impossible for tho
monkeys to climb them.
Tho supply of cuttlefish in Pugct
sound is enormous. Tho fish is a nui
sance to fishermen, but Chinese eat
FOR PUGET SOUND.
SEATTLE, Wash., March 29. K.
Shirusadl, a Japanese fisheries expert,
baB arrived here to investigate tho
possibility of establishing a cuttlefish
farm on Pugct sound.
All sepia inks and paints are ob
tained from tho coloring matter con
tained in tho sac of tho cuttlefish, and
tho market is supplied with sepia ob
tained from dead cuttlefish In tho
Mediterranean. The Japanese expert
says It Is feasible to "milk" tho live
cuttlflsh, the sopla being quickly re
plenished, its use to tho fish being to
blacken tho waters and aid the es
cape of tho octopus when pursued.
ALL IS NOT ELECTRICAL
Havo you a flreless cooker?
No, but I havo a cooklcss Arc.
If a riddle is a puzzle, a man who
is riddled with bullets may bo puz
zled to death.
Tho baffled detective looked about
"I have got to tho end of my ropo!"
Then ho throw away tho stub of
the campaign cigar ho had been
smoking and llfo seemed sweeter
BE8T FRESH BREADS
that can be manufactured anywhere
Prompt delivery throughout city
1134 Nuuanu St.
Bowers' Merchant Patrol
And Confidential Agency
Reliable Watchmen Furnished.
Phone 1051. p. o, Box 284
City Headquarters, Club Stables.
C. Brewer & Co..
Fire and Marin
Royal Iniuranca Co. cf Llverpeeji
London Assuranc Corporation
Commercial Union Asauranea C. '
feottlch Union and National Inecf.
anco Co. of Edinburgh.
Caledonia Iniuranca Co. of EdUi
American and Foreign Marino fnrea
FIno Job Printing at tho Star office
Beachwalk is now on sale.
It has been filled at enormous expense with rich soil and is now a splendid piece of property.
Purchasers have all the privileges of the splendid sand beach long enjoyed by owners of property
facing on the beach, yet the first few lots of Beachwalk will be sold for one-sixth the
value of lots facing directly on the beach.
NOW IS THE TIME TO BUY IN
"1 "1 a
Lots on Easy Payments, Call for Map and Prices.
Representative on property Saturday afternoon and Sunday.
Henry Waterhouse Trust Co., sales Agents