Newspaper Page Text
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THK WEKKLY HII.O TRIHUNIJ, HILO, HAWAII, FRIDAY, AUGUST 28, 1903.
ureal tiotmlarity
find
sterling qualities of
Water
As nut 011 the mnrket by the
White Rock Mineral Spring
Company of Wnukeslia, Wis
consin, n number of oor imitn
tiotis have been offered to the
public, anil we herewith hci; to
caution all consumers of Wliiu
Rock Water not to be misled by
offerings of nu article bearing a
Similar
Name
White
And of greatly inferior quality
W.C. PEACOCK
& CO.. LIMITED
Sole
Agents
for
the
Territory
of
Hawaii
Time Table
The steamers of this line will ar
rive and leave this port as here
under:
FROM SAN FRANCISCO.
Sonoma July 22
Alameda July 31
Ventura Aug. 12
Alameda Aug. 21
Sierra Sept. 2
Alameda Sept. 11
Sonoma Sept. 23
Alamedn Oct. 2
FOR SAN FRANCISCO.
Ventura July 21
Alameda Aug. 5
Sierra Aug. 11
Alameda Aug. 26
Sonoma Sept. 1
Alameda Sept. 16
Ventura Sept. 22
Alameda Oct. 7
In connection with the sailing of the
above steamers the agents nre prepared to
issue, to intending passengers Coupon
Through TickotS by any railroad
from San Francisco to all points in the
United States, anil from New York by
uuy steamship line to all European ports.
For further particulars apply to
Wm. G. Irwin & Co.
MM1TF.I)
General Agents Oceanic S. S. Co.
Union Barber Shop.
GARCIA & CANAKIO, Props.
To the
stitutiou, was the supreme law of
I the laud for certain peoples and
m Shave, Cut Ijair .ma $bampoolerritorici.UIUjerourjuris(lictioil
at Cct'Eive Kates.
We also take particular pains with Chil
dren's Ilaircuttiug.
Union IUiii.dino,
Waiauuemie St.
cini:r .ni.HTici: pui.i.kh.
S)s Constitution Follows Flair to
I Islainlii.
The Tkiiiunk Ik In receipt of the
full opinions of the Supreme Court
of the United States in the case of
I ,i. ..'!'.,,,:.,.. ,r tr...:: .. rv.i.:
lilt; AWL111WIJ VII IIUWUII V3i U3UM
Mnnkichi, rentlcrcd June 1, which
nre of great interest. Tlie man
Mnnkichi was a Japanese and was
declared by the IIawaiianCourt
guilty of manslaughter, but by a
majority verdict of the jury instead
of by the unanimous verdict of the
jury as the Constitution of the
, United States decrees it must be.
The Supreme Court was again
.divided upon this question and
stood five to four exactly as in the
Porto Rico cases. Those dissent-
ing were Chief Justice Fuller, Jus-
tice Harlan, Brewer and l'eckham.
Chief Justice Fuller and Justice
Harlan, who wrote the dissenting
opinions almost scored the majority
for us opinion. Justice Harlan
used some very strong language in
expressing his opinion that the
"Constitution follows the flag" ex
pressed in common language. Jus
tice Harlan in part, said:
"I dissent altogether from any
such idea. It assumes the posses
sion by Congress of power quite as
omnipotent as that possessed by the
English Parliament: It assumes
that Congress, which came into ex
istence only by virtue of the Con-stitution,-may
withhold the funda
mental guaranti :s of life and liberty
from peoples who have come under
our complete jurisdiction, and over
whose country we have acquired
the authority to exercise sovereign
dominion. In my judgement,
neither the life nor the liberty nor
the property of any person within
a territory or country over which
the United States is sovereign can.
be taken, under the sanction of any
civil tribunal, by any form of pro
cedure inconsistent with the Con
stitution of the United States.
If the accused had committed the
crime with which he is here charg
ed, in the Territory of Arizona; if
he had been convicted of murder in
any court in that Territory, except
under a presentment or indictment
of a grand jury, and by the unani
mous verdict of a petit jury; and if
he had been then sentenced to be
hanged and was hanged, the judge
of that court would have been
guilty of judicial murder. Of that,
decisions of this court leave no room
to doubt.
In my opinion the Constitution
of the United States became the
supreme law of Hawaii immediately
upon the approval of the joint reso-
lution of 1898, and without any ac
tion upon the part of Congress.
From the moment that resolution
became a law, every human being
in Hawaii charged with the com
mission of crime there, could rightly
insist that neither his life nor his
liberty could be taken as punish
ment for crime by any process or
as the result of any mode of pro
cedure that was inconsistent with
the Constitution of the United
States.
Can it be that the Constitution is
the supreme law iu the States of
the Union, and in the organized
Territories of the United States be
tween the Atlantic and Pacific
oceans, and yet was not the su
preme law iu territories and among
peoples situated like the Territory
and people of Hawaii, and over
which the United States acquired
all rights of sovereignty of whatso
ever kind? A negative answer to
I this question and a recognition of
the principle that such an answer
i involves, would mean that the ben
efit of the provisions designed for
the protection of life and liberty
may be claimed by some of the peo'
pie subject to the authority and
iiirisilirilmi nf tin ii:ln,i nlc
but cannot be claimed by others
equally subject to its authority and
jurisdiction. It would mean that
the will of Congress, not the Con-
It would mean that if this people I language perfectly direct nud ex
do not retrace their steps, if the j 1'Hcit, Congress said that "in the
principles now announced should
become firmly established, the time
may not be far distant when under
the exactions of trade, and com
merce, and to gratify an ambition
to become the greatest political
j power in nil the caath, the United
i States will acquire territories in
every direction which arc inhabited
by human beings over which terri
tories, to be called "dependencies,"
we will exercise absolute dominion
and whose inhabitants will be re
garded ns "subjects," to be con
trolled as Congress may see fit, not
as the Constitution requires, nor ns
the people governed may wish.
Thus will be engrafted upon our
republican institutions, controlled
by the supreme law of a written
' Constitution, a colonial system cn-
tircly foreign to the genius of our
: Government and abhorrent to the
principles that underlie and pervade
.the Constitution. It will then
come about that we will have two
governments over the peoples sub-
'ject to the jurisdiction of the United
States one, existing under a writ
ten Constitution, creating a govern-
I incut with authority to exercise only
powers expressly granted and such
'as are necessary and appropriate to
carry into effect those so granted;
the other, existing outside of the
written Constitution, in virtue of an
unwritten law to be declared from
time to time by Congress, which is
itself only a creature of that instru
ment. I stand by the doctrine that the
Constitution is the supreme law in
every territory, as soon as it comes
under the sovereign dominion of the
United States for purposes of civil
administration, and whose inhabit
ants are under its entire authority
and jurisdiction. I could not other
wise hold without conceding the
power of Congress, the creature of
the Constitution, by mere non-action
to withhold vital constitutional
guarantees from the inhabitants of
a territory governed by the author
ity, and only by the authority, of
the United States. Such a doctrine
would admit of the exercise of ab
solute, arbitrary legislative power
under a written Constitution, full of
restrictions upon Congress, and de
signed to limit the separate depart
ments of Government to the exercise
of only expressly enumerated powers
and such other powers as may be
implied therefrom each department
always acting in subordination to
that instrument as the supreme law
of the land. Indeed, it has been
announced by some statesmen that
the Constitution should be inter
preted to mean not what its words
naturally, or usually, or even plain
ly, import, but what the apparent
necessities of the hour, or the ap
parent majority of the people, at a
particular time, demand at the
hands of the judiciary. I cannot
assent to any such view of theCon-
stitutiou. Nor can I approve the
suggestion that the status of Ha
waii and the powers of its local
government are to be "measured"
by the Resolution of 1898, without
reference to the Constitution. It is
impossible for me to grasp the
thought that that which is admited
ly contrary to the supreme law can
be sustained as valid.
I have so far considered the case
principally in the light of the re
sults that must, as I think, follow
from the interpretation placed by
the majority on the Joint Resolu
tion of 1898. Hut in my judge
ment Congress should not be held
to have intended to do what is now
attributed to it. When it declared
that the municipal legislation of
Hawaii "not" "contrary to the
Constitution of the United States"
should remain in force after annexa
tion. Those words were inserted
out of abundant caution, to make it
certain that no municipal legislation
of Hawaii contrary to the Constitu
tiou should thereafter be regarded
as in iorce. It the above words
did not have that effect, (or what
purpose were they inserted? What
local legislation was declared to be
abrogated, if not that which was
"contrary to the Constitution?"
1 Under the view taken by the court,
those words in the Joint Resolution
are made wholly inoperative
It is said to be evident from the
terms of the Joint Resolution, that
Congress intended it to be merely
temporary and provisional. Of
course, some further legislation by
Congress was contemplated iu order
to provide a complete territorial
government lor Hawaii. Hut 111
I "e nu municipal icBisiuwuii
of Hawaii should be enforced that
was "contrary to the Constitution
of the United States." And yet a
trial conducted in a mode forbidden
by that instrument is now sustained
as legal.
THK DI'Vlli AM) Tilt: (UKI.H.
A Moral Iichsoii From a Newspaper
.Mans quill.
The following article is taken
from the F.mporia (Kansas) Gazette,
and while it was intended as n re
buke to evil practices iu thnt city, )
it is so applicable to conditions iu
many places that it is worthy of
more than passing nptice. The
Gazette says:
"The mothers of this town have
had a lesson but it does not seem
to have done them any good. There
arc just as many girls gadding
around town getting their mail
from private boxes in the postoffice
as there were. Two years ago the
Gazcttee went after the mothers
for neglecting their daughters and
the result was that a half dozen
private mail boxes were discontinu
ed and a lot of little girls that were
iu the habit of gadding too much
were kept in for a time. These
girls arc now developing into fine
youtie women but another crop of
gadding girls has come on and the
Gazette hopes that no one's modesty
will' be shocked by saying tlint these
little hussies ought to be spanked
good and red. They are between
15 and 17 years old and are just so
everlastingly boy stuck that they
can't sit still. If their mothers t
knew the type of boys and young ,
men young Human pups tnese
girls are running with their mothers
would throw fits. Hut their mothers
know nothing of the situation.
They think that their little girls
arc so Sweet and Pure that nothing
can harm them. The truth is these
children are made of the same kind
of mud that we are all made of and
they are just as liable to tempation
as older people and a thousand
times less experienced. And their
mothers let them gad the streets
and flirt with all kinds of men and
then their mothers wonder how the
devil got them and think the girls
must 'take after' their father.
"There are just two things that
will keep girls straight at 'that age,'
one is plain clothes and the other is
home duties. The girls who make
fools of themselves are invariably
over dressed. They wear duds that
women of 30 should hesitaic about
wearing. A little girl with too
many and too rosily clothes on her
back gets self-conscious and vain
and loves admiration and you '
grown up women know the next
step. A simple, pure hearted girl .
who has had a place in a home,
home work and home duties, has 1
her heart there and no boy can steal
it. Kven when maturity comes and
a real man comes and a real affair
of her heart comes will such a girl
leave home and then with heart
aches and heart rending.
"Hut a girl whose place in the
home is at the table and iu bed,
won't love that home. Work makes
things sacred. The child whose
home memories are not haloed by
work who is not needed and dees
not feel the need, will not love
home. And if she doesn't love the
home of her girlhood she will love
no other. She will go any where
for anything. Home will mean
nothiiir for such a woman and if
she, is respectable she will only lack
the opportunity to be a bad woman
and is good only through circum
stances or by the necessity of an
ugly face. She will curse the man
I she marries. The mothers of this I
I town who are responsible for the !
! irirlu wlin irnil tlm ctriitc clinlilrt ,
"" ". .r r " : .
stop ami tlniiK wnat they are doing.
These girls nre no longer children.
They are at the impressionable age.
Where will you have their impres
sion come from from the riff raff
of the streets or from home? It is
for the mothers of this town to set
tle the question."
JUS. M. CAMERON,
Plumber, Tinner,
Metal Worker.
Mr. Cameron is prepared to give estl
nates on all kinds of l'luuibin Work
I ud to guarantee all work doue,
A Good Investment
Get Yourself a Home
Here Is a Good Home
Apply to
D.
THE HAWAIIAN FERTILIZER CO., Ltd.
SPECIAL FERTILIZER
For Cane, Vegetable and Banana Fields.
Soil Analysis Made ami Fertilizer Furnished Suitable to Soil, Climate and Crop
FOR THE LAND'S SAKE USE OUR FERTILIZERS
Sulphato of Ammonium Nitrate of Sodt
Bono Moal H. C. Phosphates
Sulphato of Potash Ground Coral
Fertilizers for sale in lare r small cmuntities. Fertilize your lawns with our
Special I.awn Fertilizer.
OFFICH:
llrewer lllock,
Queen Street
I'. O. IIOX 767,
C. M. COOK I?, President,
F.. F. 1USIIOP, Treasurer.
G. II. KOMKRTSON, Auditor
O, U.
J. P.
15. I).
1 7.09 Acres
Of best cleared land, within four and one-half
miles of Hilo, on Kaiwiki road, will be sold if
taken soon for
$1,700
This tract is all cleared, except one acre for
wood, and is under cultivation. It has a good
house and barn, good water supply, a flume
crosses it and a schoolhouse adjoins. The
soil is deep and good for cane, bananas, pine
apples or any island crops.
Two and one-half miles from Hilo, on the
Kauniana road, overlooking Hilo Bay and the
coast line north and south, is a tract divided
into excellent house lots.
Area of Lots, 50x100 Feet to
One Acre.
$70 to $ 1 00
Terms to suit purchasers; part down,
balance by the month. Money will be
advanced to responsible buyers for the
erection of dwelling houses.
One Acre Lot
With house and barn and other improvements,
partlj' planted to bananas and pineapples, and
situated on Kauniana road, two and one-half
miles from Hilo. Will be sold for
$800
W. MARSH
King Street, Hilo, Hawaii
FACTORY :
Ileyoud Pri
IIOKOMJM!
rison
CARTISU, Vice.Pres.Juud Manager.
COOKK, Secretary.
TUNN15V, C. II. ATJU2RTON, Din
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