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title: 'Hilo tribune. (Hilo, Hawaii) 1895-1917, August 14, 1903, Page 4, Image 4',
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THE WttBKLY HII.O TRIBUNK. HILQ, HAWAII, FRIDAY, AUGUST 14, 1903,
Ijc Silor vilntnc.
IIRIDAY, AUGUST 14, 1903.
inled nt the I'oilolfice at Hllo, Ha
wail! as seconil-clnis matter
rUIU.ISIIKl) KVKRV 1'RIDAY.
I.. W. HMVORTH - - Editor.
GARBAGE RATE RAISED.
One of the complications of the
"best government on earth" and
an example of administration, which
if caged and placed on exhibition
would be a star attraction m a
freak museum, is the Hilo garbage
system. Our system grew up from
the fact of necessity. In sanitary
matters as well as others, the
centralized government at Hono
lulu never has paid particular at
tention to Hilo. The Hoard of
Health which went mad and ex
pended hoarded riches in Honolulu
gave Hilo nothing. Those were
strenuous times and Hilo demanded
sanitary precautions. Sheriff And
rews with commendable spirit on
one hand and with an eye upon an
opportunity to expand the scope of
his office on the other, tackled the
job. He uses wagons, carts and
harness of his own, and prison labor.
Kach store or lot or house, served
by Andrews' carts is taxed from 50
cents to $4.00 per month. The
garbage is carted to lands leased by
the Sheriff. Such wastage as is fit
for the purpose is fed to hogs which
the Sheriff has installed at .the
dumps. The proceeds from fees
from property owners amounts to
"from $2 25 to $250 per month. The
fundamental objection to the system
is that it is a public service per
formed by a private individual
with no check or regulation save
his own whims. It is a service
that should be performed under
the direction of the Board of
Health and paid for out of Hoard of
Health appropriations. It would
be just as reasonable for the people
of Hilo or any other town to make
up private purses and engage con
tractors to build bridges and grade
streets. But the "best government
on earth" leaves much undone.
Peculiar complications grow out
of this peculiar system. For in
stance, heretofore the government
provided two lunas to guard the
government prisoners who worked
in Andrews' private garbage depart
ment. These were cut out by the
last legislature. Now comes a
notice from the Sheriff that the
monthly stipend for hauling gar
bage is to be doubled, taking effect
August 1. This will swell the
Sheriff's revenues to from $450 to
$500 per month and enable him to
hire first class lunas to guard his
free but convict labor.
The merchants and property
owners of Hilo do not object to this
service. It has been done well.
There have been but few kicks
against a doubling of the fee. But
this cannot be attributed to any
thing but the laudable determina
tion of the people of Hilo to keep
the town sanitary no matter what
the cost. They would rather pay
for a dozen lunas for Andrews than
to perish from the neglect that
would result if dependence were
placed in the powers at Honolulu.
Hut the query that conies to most
people, who know how agile And
rews can be in circumventing statu
tory obstacles, when he desires to
raise a policeman's pay above the
legal limit, or when he wants to re
tain a friend on the pay roll, or if
not a friend, then the son of a friend.
The query raised is why Andrews
does not exercise his agility in pay
ing his lunas out of the police fund.
. Or he might make them secret ser
vice men. Andrews surely has
many old and well worn schemes
to have his lunas paid out of the
public pay roll. Hut he chooses to
raise the rate 100 per cent.
Tim Herald-Andrews plan is to
split the opposition. They want
at least 13 dozen candidates for
Sheriff. The more iu the field, the
more certain it is that the Herald
Andrews minority will win. With
only two tickets on deck, nobody
would bet on Andrews. Its a
mighty deep game they are playing
so deep iu fact that they
hardly wade through.
"Take even those men with
white blood in their veins, they hate
the haole as the devil hates holy
water," is mi expression of opinion
by the editor of the Herald in his
last weeks deluge of watery stuff
under the coffee shop caption. A
greater misrepresentation of the
character and disposition of the Ha
waiian could not be condensed into
fewer words. The work now going
on in the informal caucuses of the
Home Rule and Rupublican parties
proves that prcdjudice and race sus
picion are more potent in the brain
of the Herald writer than in the
minds and hearts of the Hilo half
whites. There is a disposition
among the leading Home Rule
Hawaiians of Hilo to meet the Re
publicans half way and to name
County officers with an eye to fit
ness rather than party affiliation,
creed or nativity.
Its the oversmart haole that is
constantly insulting the worthy Ha
waiian with foolish words and hasty
Assistant Attorney General Flem
ing has rendered an opinion to the
effect that the United States statue
relating to territories, which makes
it a misdemeanor for clergymen to
neglect to register marriages they
solemnize, applies to this Territory.
The maximum penalty is two years'
imprisonment and a. fine of $1,000.
District Attorney Breckons does not
intend to look back for cases to
Sixcit the Herald declares there
is no man competent for Sheriff but
Andrews, and Stacker is his prophet,
then indeed, the population in this
neck of the woods must be a heap
of rubbish. But Stacker is wrong.
Here is a random list of good
staunch oak timber and the num
ber could be multiplied by four. Will
the Herald point an accusing finger
at their flaws? Take for instance,
Geo. H. Williams, R. D. Junkin,
Wm. Todd, Capt. Fitzgerald, Peter
Iee, Paul Jarrett, L. Severance, A.
Fernandez, E. E. Richards, Joe
Vierra, Wm. Vannatta, F. Souza,
T. J. Ryan, E. W. Barnard, C. R.
Blacow, I. E. Ray, W. C. Cook,
Thos. Cook, Jack Easton, or Ben
Brown or Capt. Iake or any of a
score or two more whose sterling
qualities and manly virtues are
household words with all Republi
cans. And any of whom if nominat
ed at the Republican County Con
vention would be elected.
Tiik awkward position in which
the Triiiunk may find itself should
not worry the Herald so much. It
would be more sincere if it con
sidered the awkard position iu
which the Republican party will
find itself should it attempt to carry
a candidate who would ride it to
As Frank Thompson would say:
Did you notice how Justice Gal
braith cleared the lantana out of
that majority decision?
Firth Precinct Republican Club.
To nil members of the Fifth Trecinct
Club and nil Republicans of the Fifth
All Republicans resident iu the Fifth
Precinct or that portion of North Hilo
between Houolii stream and Knwaiuui
gulch, are requested to attend n meeting
at Papaikou school, Papaikou, on Friday
August 28, 1903, at 7:30 o'clock p. in., for
the purpose of filling vacancies iu said
Precinct Club and making nominations
for members of the County Committee.
One County committeeman to be elected
at n Primary Klcction to be held iu said
Precinct on Saturday, August 29, 1903 be
tween the hours of 2 and 8 o'clock p, in.
at the Papaikou school, Papaikou.
W. C. COOK,
Papaikou, Aug. 12, 1903.
(lood ll.isu Hull.
The two league games at the base ball
park last Sunday called out the biggest
crowd that has yet attended the grounds.
The spectators were given the best nnd
livliest ball playing of the year.
The first game was between the Olaas
and Ucaiucr'ti Speciuls with Williams in
the box for the visitors mid Vuunntta for
the home team. The. score stood three to
one nt the close i 11 favor ol the Ileatner
The second caine was between Wniiiki'ii
'and-Kilnuea nnd ended with n score of
1 6 to 5 Iu favor of Kilauea.
WIIKHK WAS Till". PKIIt'lOY,
llotlt Slilt-H tit tho lllslmnnent He
clftlon. The following extracts from the
decisions by the Supreme Court in
the disbarment cases will give the
readers of the Tkibunk a clear
view of the attitude of the court.
Frear and Perry said with reference
to Humphreys and Thompson.
...... v - . . .
ntbor materia, nt 5iimrntvt if nt.i
all, in that case, so far as the charge I
now under consideration is con-
certied, because of their relations j
to Sumner in the prior litigation." j
With rctrard to the contention of I
, ..... . .. . ....
respondents UUll 111 IIIC prior HUgU-
tion they represented the Ellises
alone and not Sumner at all, the
court is of the opinion their rela
tions to Sumner were closer than
that and, besides, that they were
not true to the clients whom they
peculiarly claimed as their own in
fact, were guilty of great reckless
ness in assisting and participating
in the distribution of the trust
fund without so much as looking
at the trust deed or the will to as
certain whether their terms permit
ted such distribution.
"The gravamen of the charge is
that they acted first for Sumner j
and then against him in respect of
the same matter, even if their ac
tions in either capacity alone
would be above criticism," the
court observes and then proceeds,
"there being no dispute as to their
appearance against Sumner in the
latter proceedings," to examine
their relations to him in the earlier.
The testimony as to the retain
ing of Humphreys, Thompson &
Watson is reviewed. Mr. Hum
phreys said he was retained by the
three Ellises, but 'that he expected
his fee to come out of the fund.
That the testimony of the Ellises
that they themselves were to pay
the fee was false, was apparent, the
court says, even without Mr. Hum
phrey's repudiation. On this point
the opinion concludes:
"There is no doubt as to Mr.
Highton's understanding, and that
was that the firm of Humphreys,
Thompson & Watson were then en
gaged by the Ellises and Sumner
together, although particularly at
the request or desire of the Ellises.
This arrangement is just what
might be expected in the light of
the circumstances and the relations
of the parties and harmonizes with
the subsequent acts of all parties."
They court says it may concede
that the respondents did not con
sider that their relations with Sum
ner were fully all that are usually
supposed to exist between attorney
and client, adding:
"There are all degrees of close
ness in the relationship of attorney
and client. It is clear that in this
case the relationship of the respond
ents to Sumner were such as to
make it improper for them to take
sides against him iu immediately
subsequent proceedings respecting
the same matter. If their relation
ship were that of attorney and client
to its fullest extent, there could be
but one conclusion as stated by Mr.
Humphreys at the hearing that of
disbarment. Under the circutn
stances, something short of that
would be sufficient. What the pen
alty should be will depend to some
extent upon the nature of the settle
ment. In our opinion it is an ag
gravating circumstance that the re
spondents knew or ought to have
known that the settlement was
understood to be in full and that
Sunnier was to have the remaining
$48,025 absolutely. For the respond
ents to take a position against Sum
ner afterwards in opposition to that
understanding shows greater disre
gard of the requirements of profes
On this point Justice Galbraith
"I am compelled to dissent from
many of the findings made and the
judgement pronounced in the fore
going opinion, although I do con
cur in the finding that the respond
ents were guilty of professional mis
conduct and impropriety in appear
ing against John K. Sumner in the
Ropert suit after having appeared
of record for him in the guardian
ship proceedings. However, I am
not convinced that the respondents
cati be properly charged with tttr-
"I he conduct ol the respondents, I oumner in ttie Kopcrt case. There m 7:30 o'clock p. in., for the pur
though subject to criticism in several (was no betrayal of confidence, for ' pose of organizing a Precinct Club,
pitttdc for so doing. It is not found
that there was any contractual re
lations existing between Sumner
i and the respondents or that the re
lation of attorney and client existed 1
between them to its 'full extent'
and the evidence wholly fails to
show that by reason of their connec-1
tion with the guardianship case
tlmv nlilniun,! n,. ennrnie r c,.io1 '
information that was used against
Simmer renosed no confidence
either of them, nor does it appear
tnat uiey gained any advantage 111
the latter suit by reason of their '
connection with the former." 1
The majority of the court SUS-'
....i-.i ti. .. n.
ycnuw x uuuipun uuc VJiM uu mi;
nbnve miitit ntifl sriv t lint lliptipnnl-
ty of Humphreys would be no less
on this charge. But, says the
court, a graver charge is made
against Mr. Humphreys,
attempting to persuade Mr. Magoon1
to betray his client. Magoon said
that Humphreys did try to induce
him to betray Sumner; Humphreys
said that he did not. The majority
believed Magoon and say:
"Mr. Humphreys, on the cvi-
deuce, is guilty of having "attempt-,
ed to induce Mr. Magoon to betray I
bi nliVnrrm nrrocl rrmliilnne mnii '
easily imposed upon nnd of whom
others, as Mr. Humphreys knew,
had previously taken advantage.
In order to accomplish this he urged
considerations of personal friend
shipj resorted to threats, and sug
gested large booty. 'What do we
care for Sumner, let him go, all we
care for is our fees.' There is but
one conclusion disbarment."
Justice Galbraith says on
"1 concur ill me liliuillg 01 llie 1
court that under the law there is 110
. . ...
..- . .. t . r .. '
difference 111 the degree of gtult of j
the respondents on this charge-
they both are equally guilty, al- fore this Court on the bth day of Septem
though one had actual and the other SS
WI,5I tlw. ;,li,M,lnn1 i,nrlr
against the respondent Hemphreys,
and of which the court finds him
guilty, namely, of 'attempting to
r,nrc.io,lr. T Alfrml XTncrnni. l,.
tray his client, John K. Sumner, is
a very grave one, I find great diffi-
culty iu considering it seriously on
account of the character of the evi-
deuce by which it is found to be I
"It is absolutely impossible for1
me to believe the testimony of Mr. 1
Magoon when he swears that he
'sat beside Geo. A. Davis, attorney
for the petitioner, for one entire j
afternoon and prompted him,' and 1
still did not know whether the cause
on trial was a suit in equity to re
strain the sale of laud or an action
in probate to declare John K. Sum
ner non compos mentis, until the
'next morning,' when he looked at
the record, 'and found out that it
was the application or effort of Mrs.
Maiia S. Davis to put Mr. Sumner
under guardianship as a person 11011
"Again, if Mr. Magoon is to be
believed he entertained the proposi-j
tion made to him by the respondent I
to the extent of submitting it to his
client and the venture was not suc
cessful for the reason that the client
rejected it. Does this not make J,
Alfred Magoon equally guilty with
the respondent? Under the law the '
Reducer and the seduced are equally '
mfnmniic I In r C nivHorv fin Pnl 1
. .. WW. ...... J, V-J l...
32 ana 111 re wiuttemore, ui. 07.;
"Will justice be done iu thiscase
bydisbarring the respondent and by
EiviiiK Magoon a certificate of char-
acter for the virtuous indignation he
did not show when upproached by
the tempter? Not by the standard 5j
announced by the Supreme Court of Z2Z
Cf lifornia iu the cases above cited.
"Iu concluding this discussion I'tZZ
feel justified iu stating that I would
not convict a cat of stealing cream
011 the evidence offered iu support of
this individual charge against the
respondent, Humphreys, much less
pronounce judgment of disbarment
against an attorney who has spent
the best years of his life in qualify-
ing himself to adorn the profession,
who lias iieretoiorc Dome an Honora
ble name iu the community, and
who has been entrusted with high
judicial position in this Territory by
the President of the United States.
"It would be useless to state what
punishment to me would seem
ftenlMil1 If tflaf tltn rtlmrria flint linn 1
been proven auaiust the
ets,;but I will state that, iu my
opinion, the uulKtnciit of the court
against the respondent, Thompson,
is unnecessarily severe, and that
against the respondent, Hum
phreys, is not justified by the law
or the evidence."
llcniliiinrter Hllo Itrpiilillenn Pro
To nil Mruiuvrt of till' Hllo Kepnlilluni
l'reclnct Club mul to All Goixl lUpuli
licnus of the Third mul I'otirth Precincts:
1 All Ketul)licau resident In the Third
l'rccincl, or Hint portion of Hllo lying
between Puna nnd Ponahawai street and
f"1- auA ll,c li,le of ils extension to the
8Cn' n "-quested nllCIIll H IllCClillf,' nt
tltn 1 ffirttttl lift Mnlinnll ltlf fid I Mir l)lir
Roni, 011 ,,,, ,... , IOO,
' " -'-.'
to be known ns the Third Precinct
fVmtifv fn.ittfiltti... Ctv
Collllty committeemen to be elected nt n
Primary Klcction to be held within said
Precinct on Saturday, August 39, 1903,
between the bonis of a nnd nnd 8 p.m. nt
Govcrmnctit Warehouse nt lighter
All Republicans residents iu the Fourth
Precinct, or Hint portion of Hilo lying
between the Third Precinct nnd the Ho
noli! stream, arc requested to nttcud 11
,Mculn,B nt lne Firemen's Hall, Hllo, on
lTiuny, August a, 1903, ni 7:30 o'ciock
p.m., for the purpose of filling vacancies
iu said Precinct Club and making nonii
nations for members of the County Com
i mittec. Ten County Committeemen to
be elected nt a Primary Klcction Io be
held iu said urcciiictou Saturday, August
1 29i '93i lietween the hours of 1 nnd S
1 o'clock p m nt the Circuit Court House
County Convention to be held nt Hilo
on Monday, September 14, 1903. nt Fire-
0. N. PROUTY, Secretary.
Hilo, August 6, 1903.
In the Circuit Court, Fourth Circuit,
Territory of Hawaii, United Stales
In Pkoiiatu At Chamuhrs.
In the mattcrof the Kslate of JACINTHO
Petition having been filed by R. K.
. .- . . - . '
mpttst, Administrator ol said
wherein he asks lor an order to sell cer-
,n real estate belonging to said estate.
to pay the indebtedness of said estate.
It is hereby ordered, that the next of
km of the said deceased, and nil persons
interested 111 llie said estate, atineiir he.
and there to show cause, if any they have,
not be granted for
I the sale of such estate,
Hilo. Hawaii, Aug. 13
' ,,v tlle cllAS. HITCHCOCK
, Deputy Clerk, Fourth Circuit
. KIDGWAV KIDOWAY,
Attorneys lor Administrator. 41-3
PACIFIC TRANSFER CO.
Handle and Store jAQG AGE
I2C KINC ST. HONOLULU
Phone, Mnin 58
...All kinds of...
GOODYEAR RUBBER CO.
R. H. PFASIJ, President
San Francisco, Cal., U. S. A.
Will offer for sale all
left for repair and not called
ES . VS
cr MS is the only place
in town where yon can
S get your washing done -
in a sanitary way. Spe- 5
5 cial rates for families.
I Elite Laundry I
's E. biela. - Manaeor
""" - -
Ily every bout we receive new patterns,
Jirettier than ever this year. Delineator
;i,oo per year; subscriptions receiveil,
MOSUS & RAYMOND, Tel. 178.
It U t tare, ufa nM qnlclc remedy,
There's ONLY ONE
Two alzes, !6c and 50c
For Sale by HILO DRUG COMPANY.
A meeting of each and every Republi
can Precinct Club throughout the Ter
ritory of Hawaii is hereby called for
AUGUST 28, 1903
nt its place of meeting, nt 7:30 o'clock
P. Al.; or at such time ami place, on said
28th day of August, 1903, ns the Presi
dent of ench Precinct Cluli may name
iu n public notice, to be printed iu one
or more newspapers, or posted iu n pub
lic place, one week iu advance of such
meeting, for the purpose of filling
vacancies in said Precinct Clubs and
making nominations for the members
of the County Committee. Primary
Klcction will belield 011
AUCUST 29, I0O3
from a o'clock P. M to 3 o'clock P. M.
to elect members of said County Com
mittec, under the rules mid regulations
of the Republican Party of tile Terri
tory of Hawaii, said County Committee
to meet and elect nu Executive Com
mittee and nominate County officers on
SEPTEMBER 14, 1903
nt 7:30 o'clock P. M. The number of
Delegates to which each precinct is en
titled iu each County is as follows:
First Representative District
HILO, PUNA, IIAMAKUA:
1st Precinct, Delegates 2
2d " " 3
3d " " 6
4th " V to
5U1 " " 1
6th " " 2
7th " " 2
8th " ' 2
9U1 " " 2
loth " " 1
Total Delegates East Hawaii. ..31
Second Representative District
NORTH AND SOUTH KOHALA
NORTH AND SOUTH KONA
1st Precinct, Delegates 10
Total Delegates West Hawaii ..32
CI.ARF.NCF. I.. CRAI1IUJ,
A. I.. C. ATKINSON
SPEND YOUR VACATION
Others aro doing so and
find tho climatic change
equal-to a trip to Alaska
RATES, $4.00 PER DAY
Special Rates by Wook
ST. CLAIR BIDCOOD
Front Street, - Hilo, Hawaii
A I,urgu Assortment of Tweeds Always
Kept 011 Hand.
Perfect Fit and I'lrst-Class Work Guaran
teed. Cleaning and Repairing n Specialty.
A TRIAL SOLICITED
"" -" """"