Newspaper Page Text
run wrbklv nir.o tribunk, hit.o, h await, Friday, ocTormR t6, 1903.
uu.iufcmiiifcfr a itiutuiuku
Watches and Jewelry
AU, KI.N'DS'Ul' JlWl'I.KY
MAl)h TO ORDIiR AT
M. J. De Gouvea's i
JAS M SHAMANS, tin- well
known watchmaker is to lit- found
here, and will Uirn nut nil work in
up-to-date manner AI.I. WORK
Opposite lVaeoek it Co , - II1I.O
HILO MARKET CO.,
Telephone No. 39.
Briikjk St. - Hn.o, 11. I
Pacific Meat Markel
Front St., H11.0, H. I
Choice Cuts of
POULTRY of all Kinds
FRESH ISLAND BUTTER
Hilo Bakery j
Makes Finest Dread.
Fresh Rolls and Huns
always on hand : : :
Ice Cream for families
Wedding and Party Callus a j
Direct Line between SAN FRANCISCO
Hark St. Catharine, Capt. Saunders
Hark Amy Turner, Capt. Wnrland
Murk Martha Uavls, Capt. McAllinan
For freight and passage apply to
WELCH & CO., Agents, San Francisco
C. BREWER & CO., Ltd., Agents,
H. Hackfold &Co., Ltd.
Stone Mason and lirick Layer
is ready to take contracts for work
in any part of the Island
a Specialty. . .
Hilo, - - - Hawaii
PACIFIC TRANSFER CO.
Handle nu.1 Store JJAKJAK
126 KING ST. HONOLULU
I'lione, Main j
FIRST BANK QP JJJI Q '
incorporated t'luier me i,dv 01 me
Territory of Hawaii.
I'liACUCK IILOCK, mm.
' IV PUCK l'rrMcnt.
' C. C. KHNNHIIV Vlcc-1'ir.
' JOHN T. Mt)llt..iiiil Vlce-I'w.
l A. SITtytlH Ca.liirr.
' A. H. SUTTON Srvtttat.v.
J.S. Canatln, Julm J. (Irucv,
' I' S. l.yiiKin, II. V. 1'jIUii.
I Win. I'ntlnr, W. II. Hlitiunii
IJrtiw lSxcliimuo 1111
Mo.NOI.UI.lt The Hank of Hawaii, l.til.
San 1'kancisco UVllsl'iirno.t' Co.lianki
Nitw Vokk Welli l'arno & Co'ti hank,
I.ONOON-Glyim, Mills. Currie & Co. j
lIo.n,konK un.l S1....IKI...I Hanking Cor-
1 iioration: Hongkong, Uuti:i; Sluing-
I hai.Chinn; Yokolmu.a. Jap....; !!ioUo, '
I japan. !
! Solicits the accounts ol" funis corpora
lions, trusts, individuals and will prompt
ly and carefully attend to all business con-
I nected with banking entrusted to it.
Sells and purchases Korean Kxchungi.',
I Irs.ies Letters of Credit.
the Mouth or Year, Par
ticulars on Application.
We have added a Stan
Oval and Circle Machine
to our Framing Depart
ment ... Over one hundred
styles of Moulding con
stantly carried i u stock
Wall, Nichols Co.
Matson Navigation Go.
The only Direct Line between San 1'raii-
cisco and Hilo, Comprising the
following Fast Sailers
! Bark ANNIE JOHNSON
! Bark SANTIAGO
Bark RODERICK DHU
Bark MARION CHILCOTT
Ship FALLS OP CLYDE
Tup; CHAS. COUNSELMAN
Mid other Specially Chartered vessels
makes this trip with at least one of these
boats each month, carrying. both freight
For dates of sailing and terms,
;,)no. D. Sprecuels & Bros. Co,
I 327 Market St., San fruncisco,
R. T. OUARI), Agent,
Uncle Sam's Cigar Store
HILO, - - - HAWAII
.ROBERT INNES LILLIE
Room i, Spreckeli,' lllock,
.SUI'UKMi: L'OUKT SAYS .NO.
PnlrrlilM llNqiitillllvil u Ciuitlliliiti'
mi .iiriiiiii'i n iimiru.
i Honohilti, Oct. 7. Decision vvns
rendered this morning by the Terri
torial Supreme Court in the matter
of the application of Geo. II. Kair
child for u writ of mandamus against
the Kauai Hoard of Registration,
I Chief Justice Krcar, Justice Cial
ibraith and Judge I)e Holt, silting
I in Justice Perry's place, concurring,
'setting aside the order of Judge
! Hardy's couit and remanding the
case for any further proceedings
I consistent with the Supreme Court's
I Kuirchild therefore loses his cases
and, it was said this morning, the
matter will he appealed
to the Su-
pieme Court of the United States.
Under the piovisions of the
Q ,,c Ac, m,(1 tm. Cou..ty Act
, . . ,
theie can he no new registration of
voters for the first county election,
in 1 903. The registration list of
1 voters for 1002 alone can lie used.
j This is 1111 appeal from a peremp
I tory writ of mandamus issued by
! the Circuit Judge of tlie Fifth Cir
Icuit ordering the respondents, as
the Hoard of Registration for the
islands of Kauai and Niibau, which
constitute the Sixth Representative
District and arc about to become
tho" County of Kauai, to convene
before October io, 1903, and per
mit the petitioner to submit to them
; the p oofs of his right to be regis
1 tercd as a qualified elector in said
District. The question is, whether,
for the election of county officers
on November 3, 1903, that is, at the
first election under Act 31 of the
I.aws of 1903, which provide for the
organization ofcounty governments
in this Territory, the registration
list prepared immediately prior to
the general election of 1902 for
Delegate, Senators and Representa
tives should alone constitute the
list for the county election in ques
tion, or whether a complete new, or
at least a supplementary list, should
now be prepared so as to let in per
sons otherwise qualified at the pre
sent time but who were not regis
tered in 1902 because of illness or
absence or because they were not
then otherwise qualified or because
of other reasons. It would no
doubt, as contended, be a hardship
for one who could not have regis
tered last year to be prevented from
voting this year, if otherwise quali
fied, and, incase of doubt, the court
naturally would lean to that con
struction which would permit him
to register and vote, but the provi
sions of both the Organic Act and
the County Act which bear upon
this question arc so plainly against
the petitioner's contention as to
preclude the relief sought.
The Organic Act provides (Sec.
14) for general elections of Senators
and Representatives in November,
1900, and every second year there
after, and (Sec. 60) "That in order
to be qualified to vote for represen
tatives a person shall
Fourth. Prior to
each regular election, during the
j time prescribed by law tor registra-
ltlon lmve caused his name to be
entered on the register of voters for
representatives for his district.
" and (Sec. 62)
"That in order to be qualified to
vote for Senators and for voting in
all other elections in the Territory
ol Hawaii a person must possess all
the qualifications and be subject to
all the conditions required by this
Act of voters for representatives."
Thus it appears that in order to
vote at the coming county election,
which is included among "all other
elections" in Sec. .62, a person must
imeter that section possess all the Press " 1),",0 UP lt
qualifications and be subject to all I Th" or,,er of thc Circuit Judc
the conditions required of voters 'P-alcd from is set aside and the
for representatives, and that one of lcttSB manded to him for any fur-
those mialifications or conditions
(it is immaterial whether it be con-
sidered one or the other, although
both Sections 60 and 62 expressly
call it a qualification) is that the
person not only shall have register
ed but shall have registered prior
to the regular election for represen
tatives, that is, in the present case,
111 nnnuoiiy w.ui ami
emphasizing this are the Rule., and
Regulations for Holding Klections
(C'Vl1 UwS AW"1"") wh,ch were
amended and continued in force by
Section 62 of the Organic Act. Sec
tion 31 of these rules (Civ. I.aws, ,
p. 796), as amended, provides that, ,
"The Hoards shall meet within
their respective Districts at such
times between the last day of Aug
ust and the tenth day of October
in the year nineteen hundred, and
between such days in each second
year thereafter, m many times as
may be nee -lary to enable them to
register all . 'sons entitled to regis
ter," and 'Von 32 provides that, ,
"At any inl ;diute special elec
tion the register of voteis used at ,
the last preceding general election ,
"shall lie used without change."
It isrthus clear that the tegister
used at the last preceding tegular
or general election for lepresenta
tives is the one to be used not only
at intermediate elections of repre
sentatives but also at all other elec
tions in the Territory, including
county elections. II the County
Act contained provisions inconsis
tent with these provision, of the
Organic Act, it would, of course,
be invalid and inoperative to that
Hut the County Act itself would
seem to call for the same conclusion.
The portion of that Act that pro-
vldns fnr tho firt couiitv election is
Macs tor tilt Iirst couiilj election is
Chapter 83 which includes Sections
456-470. The only section that pro-
vides specifically who may vote at
this election is 462, which reads:
"All persons shown by the records
to have been qualified voters at the
general election in the year 1902,
shad be qualified to vote at such
election. The lists forwarded by
the Inspectors of Election to the
Secretary of the Territory, nnd the
election, shall be forwarded by the
Secretary at some time prior to the
election, in order that the Inspectors
maybe provided with lists of nil per
sons qualified to vote." This shows
as clearly as can be shown by impli
cation that only those may vote at
tliif' election whose names are on the
lists prepared for the general elect
ion of 1902. The first section of
this section expressly prescribes who
shall be qualified to vote, namely,
those on those lists, and the second
sentence expressly provides how
those who are qualified shall be
ascertained by the Inspectors
namely, by the latter being fur
ished with such lists, and this is '
"in order that the Inspectors may '
be provided with lists of AU. per
sons qualified to vote."
It is also contended that regis
tration is only a regulation or prere
quisite or condition and not a quali
fication. There are several pass
ages in the Rules referred to that
favor this contention, although, as
pointed out above, Section Go and
62 of the Organic Act expressly re
fer to registration as a qualification.
Hut is immaterial which it is, for
the Organic Act (Section 62) re
quires the voter at this election to
"be subject to all the conditions"
as well as to "possess all the quali
fications" required of voters for Rep
resentatives, one of which is regis
tration in 1902, and Section 462 of
the County Act makes the list of
1902 the sole test of "all persons
qualified to vote" at this election.
It is suggested by counsel on
both sides that the Court express
an opinion also upon the question,
not presented in this case, but which
it is intimidate might be presented
in another case, whether the pe
titioner is an "elector" of the
county, within the meaning of .Sec
tion 14 of the County Act, so as to
be qualified for election as a member
of the County Board of Supervisors,
for which he has been uuminatcd.
This question not only is not pre
sented in this case but has not been
argued. We feel that we should ox
' l"cr proceedings mat may uc pro
per consistently with this opinion.
K. V. Hreckons and M. F.
I'rosser for petitioner; Attorney
General Iv. Andrews and J. I).
Willard for respondents.
Newchwang, China, Oct. y.
The Russian government iserect-
illir nil cxtiMitinil nf ill iiriiiniinnt
, bllil(ligs aml Bjvcs cvery BvWcllce
of rcmalnB illtk,fmUelv ralhur llian
BVacHnlillK M!U1churia as promised
on October 8. Intensive naval and
military maneuvers are being
- 1 pushed by the Russians.
Hy each boat front the Coast we receive new assort
ments of everything in the way of canned and bottled
goods, all of which are sold under guarantee of quality
and freshness. We have just landed some
In tins, hermeticallj' sealed; have also a good assort
ment of other breakfast, foods.
Is too well known to need comment; over 2 lbs. to roll.
We have for sale a few WH1TK 1'UKIN DUCKS
of a very superior breed.
Xv. ivciieivisifc 00., Jtci
Canadian-Australian Royal Mai! SS. Co.
SteameiN of the allow line running in connection with the Canadian l'acilic Hall
way Company, II C, anil Sydney, N S. W., ami calling at Victoria. II. C, Honolulu,
Suva and llrisiMtic. (J. ; are clUO at Honolllluou or about the dales below
From Vancouver and Victoria H. C.
For llrisbane, Q., mill Sydney:
MOANA SHl'T. 26
AORAXOI NOV. 21
MOANA DliC. 19
The magnificent new service, the "Imperial I.imilod," is now running dnlly
KBTWKKN VANCOUVER AND MONTREAL, making the run in 100 hours.
wiUl0Ul ch.IIIKe, Tllc f,est ruihvnv service in the world.
Through tickets .sstied from Honolulu to Canada, United States and Europe
Eor freight and passage, and all general information, apply to
Theo. H. Davies & Co., Ltd., CenM Agts.
WE WILL JBOND YOU
Henry Waterhouse Trust Co., Ltd.
General Agents for
The United States Fidelity and Guaranty Co. '
ASSETS OVER $3,000,000.00.
Issues Surety llonds for federal nnd Territorial Office Holders, Hank
Cashiers and Clerks. Mercantile Employees, Contractors, Administra
tors, Guardians, and General Judicial llonds.
P. O. BOX 34G,
J. C. Ohlandt,
m. OHLANDT & CO.
OP Eoery Description.
Sulphate ol Potash,
Sulphate of Ammonia,
Alaska Fish Scrap,
High Grade Tankage.
SAN FRANCISCO, CAL.
127 Market Street.
Certificate of Analysis accompanies our shipments, which we uarauiee
to he correct.
lt. 'Xs. GUARD,
Agent for the Hawaiian Islands
OKDEKS FILLED AT SHORT NOTICE.
To call your attention to a new-collection of
Hawaiian Songs just published by us entitled
"SONGS OF HAWAII"
This collection contains a number of old Songs
and Hulas never previously published. This
book is beautifully illustrated. Price $1.50
postpaid. Order direct of the
BERGSTROM MUSIC CO., Honolulu
Box 576, Honolulu, T. H.
From Sydney, Brisbane (Q).
l'or Victoria and Vancouver, It. C:
, MOAN NOV.
J. A. Iluck
C. II. Uuck
and Dhai.hrs in
Muriate of Potash,
Nitrate of Soda,
Indiana & Yolo Sts
THE HILO TRIBUNE
JOB PRINTING DEPARTMENT