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title: 'Hilo tribune. (Hilo, Hawaii) 1895-1917, July 17, 1903, Image 6',
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Image provided by: University of Hawaii at Manoa; Honolulu, HI
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smmimmiimniinniniHig Weak Nerves
I J. D. KENNEDY J
i clocks i
Aro you over nervous? Do you llo
and often feol discouraged? lt'satcrrl
bio lifo to load. Don't nufTor In this
way any mora. (lot strong and wall.
nieganl Jine of 5
I New Cut Glass 1
S Pine Watch nnd Clock Ucpair- ;
ST: ing Solicited. -
5 Satlsfuctioti Gunrnntccd.
S I'rout Street, Hllo.
Enterprise Lager Beer oa.PSapa.riUa.
Oa Draught, Ice Cold,
io Cents n Glass : : :
The Finest of
At Moderate Prices.
Supremo Court Derision Is a I.onjr
Wlllintnstown, June 3, 1903.
The latest decision of the Supreme
Court reveals again the purposes of
the political power. For the mo
incut, at least, the court has abdi
cated its judicial functions and is
following, not restraining the polit
ical power. It is an old story, and
the theory which now prevails in
the Supreme Court at Washington
was the theory which the Stuart
kings desired the judges to estab
lish for the maintenance of their
assertions of absolute power, and
especially of the right to give to
their proclamations the binding
cfTect of laws enacted by Parlia
ment and signed by the King. The
Stuart theory was that the ultimate
oower rested in the Kine. and that
tirovo at once. My appetite returned, my . . Tr, . . ,,
dlKMtlon Improvedf anil my nerves became I It Was the king, and 110t the parlltt
tronc and steady." ' tnent) wi,0 possessed the right to
A f F 1 I meet emergencies not contemplated
JJ J JJ, v) ' by existing law, and to legislate
concerning it by decree.
This assertion of kingly preroga
tive marks the issue between the
crown aim tlic representatives ot
the people in the closing years of
the 17th century. In order to sus-
'rmf fa a v '" $ '- M
l 1 mil' b VHMffi fi. J I
of Adelaide, Houtli Aintralla. Hlio sends us
her photograph and najrui
" I had a tcrrlhlo lllnens which loft my
nerve all unstrmiR. 1 had severo headaches,
Indigestion, Blreplesincss, ntul my nerves
were lust as weak as thoy could he. 1 then
tried Aycr's SamparllU and 1 began to lui
Thero aro many Imitation " Sarsaparlllas."
lie suro you guv ajui s.
Use Aycr's rills with the Barsaparllla.
Thcso aro purely vegetable pills. They euro
constipation, biliousness, sick headache. -
Prcptrt J by Dr. J. C. Ay tf 4 Co., Lowell, Milt., U.S.A.
For Sale by HILO DRUG COMPANY!
J. S. Canario,
HOP WARN CO.
Cor. King and Front Streets.
Dealers in Dry Goods,
Japanese and .Chinese
Open from 5 A.M. to 11 P.M.
Draught Boor IO Conts
When you need a driuk call
at the KEYSTONE, corner
Front and Ponohawai streets.
A first class line of
always on hand.
At Moderate Prices. 1
Mixkd and Fancy Drinks
Concocted by ,
KINAU . .
C. Bnddaky, Prop.
Honolulu Primo Beerj
Ten Cents a Class Itilillicr illld
Z'frlZWJ i'ViN" '
; bottled and
m Titi.Ki'iioMt 117
SODA WORKS Beer, 10c a Glass
will deliver to you
of all flavors
Lemon, Cream, Ginger Ale,
Sarsaparilla, Pineapple, Or
ange, Strawbeiry, etc., etc.
Ni'.Ron I). Camhua. Mrh.
Wnlnnuenue St., near Pitman
Call and oxamlno our stock
tain the King's contention, the
judges distinguished in Bate's case
between his ordinary and political
powers. In the days of the Stuarts,
the King possessed and exercised a
corrupting power over the judges,
through the power of dismissal, and
the assertion of this power produced
such evil consequences that, in .the
act of settlement, it was declared
that the judges should hold their
office during good behavior.
In their decision, in Bate's case,
the judges held that the King was
absolute in the exercise of his politi
cal power; that he was above the
common law, which, in Kuglaud,
includes constitutional law. Later,
in the reign of Charles I., the
judges decided, at the dictation of
the King, that the royal prerogative
permitted the King to arrest a sub
ject without stating the charge, and
to imprison him indefinitely. This
they did by holding that a return
to a writ of habeas corpus that the
prisoner was held by "special com
mand ol the King" was sufficient.
Justice Berkeley made several
statements of the principle that the
political power of the King was
above the power of the Parliament
and of the judges, and the following
remark by him puts the whole
question in a nutshell. He said
that "there was a rule of law and a
rule of government, and that many
things which might not be done by
the rule of law might be done by
the rule of government." In other
words, the Stuart judges declared
that there was, and must be, a
power in the nation which was
above the law to the extent that it
might change the law. Then they
proceeded further, under pain of
dismissal and declared that it was
the King who possessed this power.
To this the commons repouded that
the power rested with the represen
tatives of the people, and sustained
The Supreme Court of the United
States, by a majority of one, has
adopted the faulty reasoning of the
Stuart judges. They have deter
mined that there is an ultimate
power which may change existing
law, even if it be constitutional law
that is abolished or extended or in
any way modified. There is no
dispute over this proposition. No
government ever existed the con
stitutional law of which might not
be changed. Somewhere is lodged
the discretion to meet emergencies
which are not contemplated by law,
and for which new law must be
mnde. The Stuart judges made
the mistake of assuming that this
irresponsible power was lodged in
the King, but the constitution of a
country is the body of law, which
is niaue y tins ultimate power
case that the Constitution did not
travel to a distant territory except
by act of Congress, and in that and
other cases, it decided that the pro
vision of the Constitution requiring
uniformity of taxes did not travel
to territories, that it was intended
fur the protection of States only.
A good deal of curiosity has been
felt and expressed as to whether
the provisions of the bill of rights
of the Constitution also goes to dis
Justice White, in his dissenting
opinion in one of the insular cases,
seemed to indicate that individual
liberty was, now that slavery is
abolished, a necessary possession of
every unconvicted person living
under the laws of the United States.
Moreover, in tliat insular case
.which Mr. Dooley has celebrated,
when, according to him, Justice
Brown was ignorant as to whether
the man who "owned the lemons"
would or would not get his pay, in
that case in which, so Mr. Dooley
said again, with the temperate
judgment of a philosopher, it was
demonstrated that the Supreme
Court follows the election returns,
in that case no judge agreed with
Mr. Justice Brown's reasoning, and
eight of the nine judges declared
that constitutional rule .must pre
vail in all our laud, and in all our
Four of them said that the Con
stitution was like a pneumatic tire,
and that, before it operated, it must
be pumped up by Congress; but
after it was filled with air, it ran.
The other four declared that the
Constitution of the United States is
sufficiently vital to get along with
out Congressional inflation, and,
indeed, until this question arose, it
would have been difficult to find an
American citizen who would believe
that conditions could arise under
which any one dwelling within the
jurisdiction of tile United States
might be denied by Congress those
fundamental rights which, after
centuries of struggle for them, we
have come to regard as native to us.
It would even now astonish most
American citizens to be told that
Congress is above the Constitution
in any part of our jurisdiction, just
as the Stuart judges more than 200
years ago decided that tlie King
was above the Parliament and the
The Hawaiian case, however,
settles this. An act of Congress
has attemped to deny to the Ha
waiians the rights which are guar
anteed by these early amendments
to the Constitution which were in
sisted upon by States as a condition
of ratification. The matter came
to the Supreme Court on-the com
plaint of a man charged with and
conyicted of murder, who had not
been indicted or presentecTas re
quired by the Constitution, and had j
not had the jury trial guaranteed
by the Constitution.
The Supreme Court has decided
that Congress, in its wisdom, has
done away with the constitutional
guarantees, and that, it has the
right to do so, because it is exercis
ing that political power which the
Stuart judges declared to reside in
Volcano Stables & Trans. Co.
TIME TABLE OF STAGE ROUTES.
This in the only line or stages making rcgularittlp between Kim nml Itilotitid
taking In the Volcano of Kilaucn. N
On Tltnr.tlnv nnit ii'prv nllnrtinlp Tltrftilnv ti;mutlirpri nr tfiri44 lpiivlmr I llln nt
v" - w....j ...... ....... . ........ ....... ... , -', r.-....-
?:oo n. tn. arc landed in elllier rniiain or Honuapo me same evening.
Through connections with the steamers Kiimu and Manna I,oa are made both on
arrival and departure.
STAGES FOR VOLCANO OF KILAUEA AND KAU
Via Hllo Railroad and Volcano Stages :
a o a c
jj !s.2 5
i : tfo
J3 f JU
a O m
fe a o
1 ra eg
a a a
J3 P B
B a a
J M . I
3 5 8.
"3 2 9
Hilo H. R. Depot.
ar Mountain View lv
ar Volcano House lv
lv Volcano House. ;..-nr
ar mica ar
ar Honuapo lv
ConnttiK with Mau h 11
TIME TABLE OF
UOil arrival of Malum l.oa.
STEAMER MAUNA LOA:
Thursday April 9
Sunday April 19
Sunday April 12
Wednesday April 22
Thursday 1 April 30 Sunday .May 3
Sunday May 10 Wednesday May 13
Thursday May 21
Sunday May 31
buuday May 24
Weilnesuuy.... June 3
Time Table of Volcano Stables Stage for
LAUPAHOEHOE, HONOKAA AND KAWAIHAE
Wcdn'sd'y P. M.
lv Volcano Stables ur
ar Pnpaikou ar
ar repeelceo ari
ar Hotiouiu or
ar Hakalau lv
ar iiouolilua ar
nr waikauialo ar
ar Papaaloa ..r ar
ar laupalioelioe Iv
lv Laupahoehoc ar
ur Uokala ar
ur Kukaiau or
ar.; Paauilo ar
ar llonokaa ...ar
lv llonokaa ar
ar Kukuilmele ar
ar....Waluica ( Kniuucla) ar
ar Kuwailinc lv
P. M. I P. M.
3:00 I 4:30
2:00 I 3:30
11 130 1 :oo
When the weather is too rough for the Kinnu to land nt Iuipahoehoe Wednesday
the leaving time of stage from Hilo is changed to 4:00 a.m. on Thursday morntui!.nnd
the Wednesday stage from Lnupahoehoc to Houokna will be held tocounect with it.
I if you want to
j Advertise in newsp.ipers
j anywhere at anytime
1 iallj)n or write
li. C. Dake's Advertising Agency
. (II rr. Mcrrliuiiti KxcIiuiik'"
SAN FRANCISCO CAL.
the crown. Two hundred years
ago, the Stuart judges were one
remove from the truth, and the
Supreme Court is now one remove
from the truth. It was within the
power of the parliament of Kuglaud
to grant to the King the right to
collect taxes without its consent.
A Parliament of Henry VII went
further, and passed a law giving to
the King's proclamations the force
The power to make constitutional
law in Kuglaud resides in Parlia
ment, as the King and his judges
learned. The power to make con
stitutional law in this country, we
supposed, resided in the people, but
the Supreme Court has decided that,
so far as our dependencies are con
cerned, Congress is above the courts
and the Constitution, and may deny
On Mondays following the arrival of the Mauua I.oa in Honuapo on Sundays, the
leaving time of the stage for Laupahoehoc from Hilo is changed to 10:00 a. in., and
the Houoknu stage is held ut Lnupahochoe to connect with it.
Aside from carrying of express matter and passengers, these stages carry U. S.
Moil, so patrons may rest assured of prompt connections.
C. E. WRIGHT, Managor.
THE ARTISTIC TAILOR
Will produce a garment upon order that will satisfy the most
fastidious wenrer of clothes. The
Latest in Spring Suitings and Trouserings
Are now arriving. Nearly all the Spring Pi
exclusively at I.elnnann'
Call and Look at tho Goods
C LEHMANN, WAIANUENUE ST.
attems will be found
this power which is the State, and to our colonists the right of trial by
in Kngland both the Stuarts and
their judges discovered that the
power which writes constitutional
law js the Parliament, which, in
turn, is dominated by the repre
sentatives of the people sitting and
I acting as the House of Commons.
; The Supreme Court of the United
I States, by a majority of one, is fol
) lowing the example of the Stuart
'judges. It held in a Porto Rico
jury, tne rigut to ireeuom 01 religi
ous opinion, to freedom of speech,
and all the rights set forth in our
bill of rights. Congress, in other
words, is charged with absolute
power, not by the Constitution, but
by the judges. This may be sus
tained, and it may be right; but, if
it is, tlie theory on which the Re
public was founded is wrong, and
our revolution was unwarranted.
IlKNRV I,OOMIS NKI.SON.
HILO WINE AD
J. S. CANARIO, Manager.
in cases mid bulk
in cases and bulk
Holland Gins, Assorted
" ENGLISH ALES AND PORTER
TiUkimionk 90. Fkont Stkukt, Nkar Church