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u & k The well known Shipping House of Smith's Cash Store, Inc., reorganized October 22ml, 1900, with addi tional capital and facilities for handling export family trade. They are so well known to almost all Knglish speaking people, that it is unnecessary to do more than stnte that the same high grade service that has been ren dered in the past by this reliable and responsible General Merchandise Store will be continued, former customers, and new ones alike, are invited to write for price lists. Terms aie invariably cash. Prices are the lowest that good goods can be supplied in a legitimate manner. SMITHS' CASH STORE, No.'s 25-27 Markot Stroot illiIIiIUlIilIIIIlililIlllilliiiIiUili:liIltiiiIiilllIiililIilliiIillllll Enterprise Planing Mill Company. GRO. MUMIJY, Mr. 1'ront St., I'lanltiE, Monloltitf, Scroll Work nuil nil kinds of Tnmcd Work, Window I'ranici, etc WATKR TAN S A SPECIALTY. Household unit nil kinds of I'nrniture, Store Fittings, Counters, etc., made to order. Cioss-cnt Saws re-loothed anil made as good as new, at e.isy rates. Manufacturer o( School Scats, 'Church Pews, nnd Redwood Cutlets, all sizes W. A. RAY TJhe jfciloj Jfcawaii, ftoal Gstato, Commission and Financial rfgants 97arino andFiro tfnsuranca, Tjotcu-y Public and jfuctionoars "collections a specialty WATANUENUE ST. Canadian-Australian Royal Mail SS. Co. Steamers of the above line ruuninc in connection with the Canadian Pacific Rail way Company, II. C, and Sydney, N. S. W., nml Ilrisbauc, N. Z.; are stated, viz From Vancouver and Victoria B.C. Kor Ilrisbaue, Q., and Sydney: MIOWIJRA JUNE 7 AORANGI JUIA' 5 MOANA AUG. 1 The magnificent new service, the "Imperial Limited," is now running daily nRTWKKN VANCOUVER AND MONTREAL, making the run in 100 hours. without change. The finest railway service in the world. Through tickets issued from Honolulu to Canada, United States and Europe For freight and passage, and all general information, apply to The6. H. Davies & Co., Ltd., Cen'l Agts. Furniture for your Stables Volcano Stables AND TRANSPORTATION CO. LEAD IN THESE LINES because the best goods are sold for the least ildiicj'. Carriage Emporium We make to order-all wood work of Gears boiled in lin seed oil the best Hacks, Bug. gics, Road Wagons, Drays, and Freight Wagons. Wc are agents for Studebaker Wagons and Carriages on this Island. arness cadquartcr s We supply plantations with harness by wholesale cheaper than can be bought on the Coast. Big Stock of ready made harness on hund. Our mnde-to.order harness is the most serviceable har ness on the mnrket. VOLCANO STABLES and TRANSPORTATION GO. CEO. S. McKENZIE. Manager San Francisco, Cal., U. S. A. rrj 52 - in rear of Hilo Mercantile Co's llnildlnu, I. K. RAY tzays HILO, HAWAII and calling at Yictoria, II. C, Honolulu, dlJO at Honolulu on or about the dates below From Sydney, Brisbane (Q). For Victoria and Vancouver, II. C: AORANGI JUNK 4 MOAN'. JUIA' a MIOWKRA : JULY 3 Harness and Vehicles Iilacksmithing and Carriage Repair Shop Ourhorseshocr carries a dip. lomn from the best Veter inary College. Carriages and Vehicles re paired; bust material and workmanship. Our Paint Shop Is under the supervision of a man whose reputation is not excelled mi the Coast. LIVERY, BRAVING AND TEAMING TO ALL PARTS OF THE ISLAND. BBfcSyiMiti ' HTAMV ACT VOIH. 3 JuiIro Lilly's Derision on a L'Ollhtl ZSi I tiitlmial (Jiicstlon. 3 1 The original action out of which S3 'this proceeding grew was for spe- 52 cific performance of n contract for 53 the sale of real estate. After n S3 hearing the court nwarded specific S3 performance of the contract sued S3 on and directed the defendant to 2 1 execute a deed in accordance with S;jthe findings of the Court. The 3 cause was appealed to the Supreme 3 Court, and the judgment of the lower court was confirmed. When the defendant presented his deed to thcplaiutilTitdid not have on its face the necessary stamps required by our Hawaiian statute, Chapter 64, whereupon counsel for plaintiff made a demand of the defendant's counsel lor n properly stamped deed under the law pf the Territory, alleging that under our law unless it was duly stamped it was not a good and sufficient deed. To this demand the defendant's counsel re fused to accede, whereupon counsel for plaintiff appeared in this Court and by a proper motion in writing moved the Court for an order com pelling the defendant to place the proper stamps upon his deed. The defendant appeared in Court at the time appointed and objected to affix ing stamps upon the deed on the ground that Chapter 64 of our Civil I.nws, found on page 373, was un constitutional and void'. The cause was duly presented by counsel for plaintiff and defendant and the law '" "" of the case fully discussed, and after nrtriimont. the Court ru ed tn-oii O r " - - - ..j.-.- , the motion as follows: DECISION. With the elaborate discussions and the numerous, learned and sweeping reviews, opinions and de cisions as to the application of the Constitution of the United States to state and territorial statutes, it is difficult for an humble gleaner, in this isolated land, to offer anything in addition to what has already been stated in the books, upon which to predicate nn opinion in this case or to discover new fields where the harvesters of thought have not been and garnered up the wisdom of ages and the experience of centuries, where some of the most eminent men have plucked the flowers of profound reasoning from the garden of construction, with which they have enriched the best treatises upon that subject now extant. It is, of course, admitted at the outset that the power of taxing the people and their property is essen tial to the very existence of gov ernment in every country and in every age and may be legitimately exercised on the subjects to which it is applicable; in this country, however, it is subject to the control of the provisions of the Constitu tion of the United States; yet we 1 must not forget that the sovereignty of a State (a Territory has none), 1 does not extend to those means 1 which are reserved or employed by I Congress to carry into execution , powers conferred on that body by the people of the United States , through its federal constitution. If a State cannot exercise such powers, how can the people of a federal territory, which is de pendent upon Congress for its very existence, legally do so? Section 8 of the Constitution of the United i States reserves to Congress, among other things, the power lo "lay and (collect duties, imposts," etc., and provides that "all duties, imposts, and excises shall be uniform 1 throughout the United States." It also has exclusive power to estab- 1 lisli "post offices" and "postal reg ulations" and "revenue districts" and "revenue regulations," etc. This Territory would have just as much right in law to coin money and regulate the value thereof, or fix the standard of weights and measures, as it would have to lay nnd collect a stamp duty, the authority for all of which is reserved to Congress by the people of the United States through its Coustitu- lion. Section 6 ol our Organic Act provides "Thnt the lnw.s of Iliuvaii not inconsistent with the Constitu . . . . 1 tion or laws of the United States or the provisions of this Act, shall rcmtiin in force subject to repeal or amendment by the Congress of the United Statc9 or by the Legis' laturc of the Territory," The Congress of the United States in this section gives to the Legislature of the Territory the right to make such laws as they do not care to occupy their time in considering, not inconsistent with the Constitu- tion and laws of the United States, but the further provision that Con gress may legislate indicates clearly that they reserve to themselves the right to make such changes ns iti their judgment may be deemed ex pedient in any and nil matters of legislation relating to this Territory. Section 64 of our Civil Laws of 1897, at page 373, is an act entitled "Stamp Duties" and was passed and approved before annexation and is clearly in conflict with the Constitution of the United States nnd the laws made thereunder on this subject, for we have made pro visions for stamps which nre issued by the United States Government. A territorial legislature cannot legally levy stamp duties for any, much less local purposes, nor issue stamps of any character. Not only are they illegal and void, but they nre a .foreign stamp of n defunct government, issued partly in a foreign language. It is urged that such n duty is necessary in order to raise a rev enue with which to replenish the treasury of the -Territory. How inconsistent with sound judgment, when we remember that a fee bill equaling the same amount would have the same effect upon the U ...1 t.l , ,, ". " wu' " l"y con- ,"'"" """ t'""'"- l'"w ' fy public necessity, and at the same i prevalent among children this sea time be "consistent with the con-; son. A well dcvcloned case in the stitution and laws of the United States.' So the principle that ' , good motives cannot legalize usur-, pation any more than that bad Hioiivt-a cuuiu renucr a consutu- tional law invalid, is here demon strated. In Smith vs. Alabama. 124 United States 478, Mr. Justice Matthews, delivered the opinion of the Supreme Court of the United States, says, amoiig other things : The coda of . couutitutional and- statutory construction which, there fore, is gradually formed by the judgment of its courts in the appli cation of the Constitution and laws and treaties made in pursuance thereof, has for its basis common law.resting on national authority interpreta tion of the Constitution of the United States is necessarily in fluenced by the fact that its pro visions are framed in the language of the Knglish common law and are to be read in the light of its history. We may therefore be permitted to wander back to the time of Ly curgus, the Spartan lawgiver, and examine with profit, his system of laws, and then examine the Spar tan constitution, which was a mixture of monarchiul, aristocratic and democratic principles; we find the National Sovereignty, at that early period, reserved to the state and the system was carried through j the centuries until the constitution-, al monarchy of England was es-, tablished upon the lines laid down by Magna Charta, and from that ( system, modified, enlarged and im proved by time and experience, we derived our bill of rights; and his tory reveals that as early as 1214 the stamp duty and excises were laid and collected by national authority exclusively. I use the word national in this connection with the same force when applied to a mouarchial state as to our own free government. This mighty principle involved in the science of just government has been kept sacred to the people of the United States and was forever settled in this country by the arbitrament of arms the verdict of the sword be ing that this should be one country, under one nag, and not an nggrc- s gation of warring states with out- j posts on every border to defend S and enforce diversified local inter-' C ests in conflict with each other and S in conflict with the federal author- lg ity. A stamp is not a necessary 1 C ,)iUt of the deed tendered to the l,,lnintiff in the case at the bar. The Constitution and laws of the United States require no stamps upon such documents. If it were to be per mittcd in this Territory the stamp laws would not be "uniform" iu MVMMwnfcaaaa mm the United States nor "consistent" with the Constitution nnd laws of the United States. It is not annli- cable as n foreign state, for this is n I federal territory, nor is it a stale j rlrllllPfl (villi llm lllnrn mm. In tr... crs under n constitution approved jy v-oiigress. 1 lie uourt Jins Dc stowed upon this subject its mast deliberate consideration. The re sult is a conviction that the Terri tory has no power to issue stamps or impose stamp duty or otherwise retard, impede, burden, or in any manner control or attempt to con trol the operations of Congress. This is one phase of that consti tutional supremacy which, in my judgment, the framers of the Con stitution had in mind when they adopted it. It seems to me self evident, if anything he self-evident in the structure of our government, that the legislature of a state or tenitory has no power to pass any law creating, regulating or enforc ing a local stamp duty ; that the people, speaking through their Constitution, gave that power to Congress and has not seen fit to delegate it to any of our states or territories. I am therefore of the opinion that the law embodied in chapter 64 of our Civil I,aws, en titled "Stamp Duties," is unconsti tutional and void, and I so declare it. The motion is therefore denied. GILBHRT 1 MTTMS, July 19, 1902. Judge. A Cure for Summer Complaint. Summer complaint is unusunllv u-ritor' fnmilv- -, mmi i. ...i. hv iln timnK-,,n r,f ri,o...w.,i:.. "J "- mj " v,i wiiHuiut, lain a Colic. Cholera and Diarrhoea Rom. cdy one of the best patent medi- ;Cines manufactured and which ts always kept on hand at the home of ye scribe. This is not intended as a free puff for the company, who do not advertise with us, but do benefit little sufferers who may not be within easy access of a physi; dun. IN'O lamllv siiould be with out a bottle cf this medicine in the house, especially in summer-time. Lansing, Iowa, U. S. A., Journal. For sale by Hilo Drug Co. monumental Stork 9999 Fine "Italian Marble" and Bronze Statuary Granite and Native Stone Monuments Iron Fencing Gates and Posts ttronxo tSaucs of lio lata iProsidont 77cJfnley sitting or stanriiny any size. Writo for "Uorns and SPariicuars . flxfcll YOU CiVIV BUY E WORLDS B1M0US ABTKTS INDORSE BffliPHHflpPCF'5'i'i4H fsfflBF or Time Payments ERGSM MUSIC CO., Honolulu g!nn!Himm!!!t?im!n!!niH!iHmmHi!?!nim!!m!wni!3 COLD in the head. Sure signs of Grip. Grip Tablets 25 cents a hox. OWL DRUG CO., Hilo, Hawaii. aiaiuiiaiiii(iiiiaaitiaiiiiiiiiiiiiiiiiiaiiiamiii!iiiua,iiiii3 fettfc mm sale. Fat cattle fur sale at Kahuku ranch. tVpply to S.tm .Martin, Waiohinu, Knu. 34-.1 juOOD VIEW SALOON Mountain View On Road to Volcano BEER and WINE COLD DRINKS Secure your refreshments by the bottle TI'.LHI'HONH 81 T. J. R. GASPER, rUOl'RIHTOR iCHTAIIMHIIICIJ iHflM. BISHOP & CO. Bankers. Honolulu - - Oaiiu, II. I. Tnmsnct n General nnnklnir and Ex. change business. Conmicrcinl and Traveller's Letters of Credit issued, available in nil the liriiicitml cities of the world. Special attention clveii to the business entrusted to us by our friends of the other islands, cither as Deposits, Collections, Insurance or requests for Exchange. HILO MARKET CO., LIMITED. Telephone No. 39. BllIDGK St. - IIlLO, II. Pacific Heat Markel Fkont St., II1C0, II. I, Choice Cuts of Beef, Mutton, Pork, Veal. POULTRY of all Kinds FRESH ISLAND BUTTER Fino Fat Turkoys. . Sucking Pigs. 3$3, Beretaniii Street Honolulu Knll THE SrSTOBYSClARKPlANO For Cash PAINS nil over. Dr. Ford's are a specific Ltd. '4l M s 10 ' 1 I iS