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Tlllt WUIiKLY HILO TRIIIUXIt, HIT.O, UAWATI, FRIDAY, DKCUMHBR ti, 1903,
FIRST BANK OF HILO
CllltlST vs IIUIHUIA.
Incorporated Under tlic 1ah of tut
Territory of Hawaii.
PEACOCK BLOCK, HILO.
P. l'KCK iTcildmt.
C. C. KltNNKUV Vlcr-Pien.
JOHN T. MOfK..iit VIccfllM.
C. A. STOI1IH Oaslilcr.
A. K. SUTTON Scmtiiry.
J.S.Canarlo, John J. Otncc,
V. 8. 1.yman, 11. V. Patten.
Win. Pullar. W. 11. Shlpinaii
Draw lSxcliunue on. i
The Hank of Hawaii, Llil Honolulu
Weill, I'nrgo & Co. I!ntik...San l'rnncisco
Wells, l'argo & Go's Hank New York
The National Hank of the He- I ciiicnuo '
public ) s
Glynu, Mills, Currie & C London j
Hongkong-Shanghai Hank- I Hongkong,
ing Corporation J China.
Why not bo stum
;oo(l appetite n at .i good digestion?
Why not turn
a cooct niipuiui' n i .i i
Why not feu I Mill ninl ln'iirty all tho
tlmo? You cull j'i l as well Iioao It
your own a mt for thero Is
strength, tlialitt K,n,r, and good
health in every b.ttle it Vyor's Sursa
arllU. Always keep It on liuntl.
Intermixture of I.hm mid
1 IS iskMf
Hongkong-Shanghai Hank. I Shanghai,
ing Corporation f China.
SAFE DEPOSIT BOXES
Rented by the Month or Year, Par-'
ticulars on Application.
In llnlicas Corpus Mutter.
Unmauiura Kiniro is it Japanese
girl between the agec of 13 to 15
years, and is pursuing Iter studies
1 at tbe Japanese Hoarding School at
Ilonotnti, Hawaii, a Christian
school. She has been in said school
since she was ten years old. Ha
utauittra Gcuzo, her father is n
Buddhist. He petitioned Judge
Utile of the Citcttit Court for a
writ of habeas corpus to secure pos
session of the child. In lii peti
tion lie alleges that the child was
held because of the fear that she
would be placed in a Buddhist
W. II. Smith of the firm of I.e-
j Blond and Smith, represented pe
titioner, and II. I. Ross of Wise &
Ross, the respondents. The legal
gentlemen in the hearing of the
case, not only expounded the law
as they saw it; but went into the
wide domain of ethics, religion and
morals and gave disquisitions on
the comparative welfare of child
ren under the respective codes of
Christ and Buddha. The decision
of the Court was that the child re-
KecpAcr'il'lllson hand anil quickly cor- ! main ill the custody of the HoilO
reel any lenui'ncy u cunaupauuu. i b hu
nation of Christians and, while tol
eration is the principle in religion,
Itcllgloii j tj,e jnws arc ,C rcc(j,jze tim exist-
Volcano Stables & Trans. Co.
TIME TABLE OF STAGE ROUTES.
lenceof that system ol faith and!
our institutions arc to be based on I This is the only line of stages making regular,ttlpi between Khii and Hilo nud
thnt nistimtifn tint those u.l,o l,,ki'ig in the Volcano of Kilanen.
tliat asstim,.HOIl, tll.lt most. llO 0 T1llfMlny U1(1 cvcry nlctllall. Tuesilay pm,enxer. or express leHvlngIIllc.nl
arc ill fact ClltistiilllS have a right j -7:00 a. in. are lauded in either Tabula or Honuapo the wine evening.
to be nnitected ni'tiinst wnntoti in- I H'rungu couuectioiis Willi tne steamers kiiiuii iitui Manna I.oa are iniule lHitli on
llrronro tlio wor!s and tho iiiitii.Rit,h
Sir It II Ar n r.ur II..lrt.T.in:uii.i
" I iifli'ti And injiM'lf tik, without ap"
tlto.aml my Mlmlrt trin all n iiiloun. At)
tiluodct'ts luipurflnml 1 linn luH and erup
tion!!. Tlicn 1 alw.ijHii.K Ajit'k S.irfaurlll.i,
for ittnakei my tilood tuircnml rlrli.Rivrlun
streiiKtli and vltalit), and braci'i mo up
Titers are many Imitation "Ssruaparlllaj."
llo ftiro you get Ayrr'.
easy way to prevent sickness.
Prepared by Dr. J . C. A) r & Co., Lowell, Mm, U S. A.
Waiakea Boat HouseiForSalcby HIL0DRUGC0MPANY:
R.A. LUCAS & CO., Prop'rs.
WAIAKEA BRIDGE, HILO
HAVE NOW A PI.KHT OP
and Small Boats
FOR PUBLIC HIRIJ
rasscnuers and baufcntie taken to and
from vessels in the harbor at reasonable j
rates. Launches and rowboals to hire
lor private picnics nud moonlight rides. ,
K1JNU U1J UiN THL,lil'liUJNli I
Wolverine Gasoline Engine
Self-starter and reversible engine. In
practicability it is equal to the steam en
gine. . Sizes from i h. p. upwards.
Boats fitted with this engine or frames ol
any size to order. For particulars apply
to R. A. LUCAS, Manager.
Open from 5 A.M. to 11 P.M.
At Moderate Prices.
Mixkd and Fancy Dkinkr
Honolulu Primo Beer
Ten Cents a Class
Draught Boor 10 Conts
When -you need a drink call
at the KEYSTONE, comer
Front and Ponohawai streets.
A first class line of
always on hand.
J. C. SERRAO,
C. Bnddaky, Prop.
tint school, both the welfare find
the wishes of the young lady being
the prime factors considered.
I The decision of the Court cov
1 ered the following points:
I The return and traverse to the
petition for the above writ raise
few questions of law, none of which
are subject to much of doubt,
i The father is the natural guar
dian of his minor children and the
best explanation of a parent's right
to the guardianship over his minor
children can be found in Chapsky
vs Wood in the 40th American Re
ports at page 321.
It is held that the Court in such
cases as the one at Bar has discre
tion ih determining who shall have
the custody of an infant child ami
its welfare is the pole star by which
the discretion is to be guided.
The rights of the child are first to
be considered and are clearly to be
protected in the enjoyment of its
personal liberty according to its
choice, if arrived at the age of dis
cretion, and, if not, to have its per-
isoual safety and interest guarded
and secured by the law acting
turougti tne agencies wuo are
called upon to administer it.
The first amendment to our Con
stitution provides for religious lib
erty and Mr. Story in his work on
the Constitution at sections 1877
and 1879 says, "That the object of
the first amendment was not to cotiu-
1 teuance, much lese advance, Mo-
WXimtm&'SM'Ai , Un4 1 ,wl ..,. A
,iSwiwBjHa! 1 uuuiitii iinu
WM. G. IRWIN & CO., Ltd.!0" dnn,8,,t
hamtnedanism or Judaism or infi
delity by prostrating Christianity,
j but to exclude all rivalry between
' Christian sects and to prevent any
I national ecclesiastical establishment
which would give a hierarchy the
exclusive patronage of the national
government. It thus cuts off the
means of religious persecution and
of the subversion of the rights of
i conscience in matters of religion
and prohibition of all religious
tests, Protestant and Catholic, Cal-
: viuist and Ariuinian, the Jew and
I the infidel may sit down at the
I common table of our national conn-
ictls without any inquisition into
I their faith or mode of worship."
I The statement that Christianity
is a part of the law of the laud
j must be taken in a qualified and
I limited sense. It is incorreot if it
' means that the doctrines, precepts
j and practices are compulsory on all
terference with a free and uiidis
turbed practice of their religion and
against malicious attacks upon its
source or authority calculated und
intended to affront or wound them,
and that the pt evidence of a sound
morality among the people is es
sential to theprescrvationoftheirlib
berties and the permanence of their
institutions and to the success and
prosperity of the government, and
the morality which ought to be
fostered and encouraged by a state
or territory is Christian morality
and not such as might exist in the
supposititious state of nature or in
a pagan country. The law does
not cover the whole field of morality.
Much that lies within the moral
sphere does not lie within the jural
sphere, hut that which doeslie with
in the jural sphere and is enforced
by positive law is Christian morality.
It has been held, and rightly too,
that the constitutional provision for
liberty of conscience doc? not mean
that religion shall not be encouraged
by the state. In point of fact it is
not the encouragement of religion
that is forbidden by the constitu
tion, but any such discrimination
in that encouragement as may com
pel men to violate their consciences
in respect to tne clioicc ot a mode
of worship or the support ol religi
ous bodies by contributions. "Gov
ernment," says the Supreme Court
of Texas "can hardly consider itself
entirely free from the fostering care
and protection of religion as con
nected with the principal social and
domestic virtues of its people."
lioth the federal constitution and
the constitutions of nil the states
contain provisions securing to all
the people entire freedom of con
science or religious liberty. These
constitutions do not prevent or
render invalid a recognition of the
fact that the great mass of Ameri
can people are adherents of the
Christain religion public recogni
tion and encouragement of religion,
where no restraint is put upon the
conscience of any person, but the
guarantees of religious liberty for
bid and prevent the recognition of
any form of religion as the estab
lished or compulsory religion of the
state, the appropriation of the public
money or the public influence to
the support of any church, sect or
religious body, persecution of any
individual for conscience' sake, or
the violation of his conscientious
I scruples, etc.
The evidence shows that Hama
rriura Kirino is 13 years of age and
more. That she prefers to stay in
the Ilonotnti School where she is
If the manifest interest and wel
fare of the child is best subserved
under present conditions a parent
will not be permitted to reclaim its
custody, unless they can show that
a change of custody will materially
promote the welfare of the child.
There is nothing in the present
status of the respondents which
tends in any way to suggest that
the welfare of the child, which has
been promoted in the past three or
four years, would be limited and
abridged in the future. What they
have done and are doing lor the
child tends to show what the future
course will be.
The Court recognizes the fact
trrivnl nud departure
FOR VOLCANO OF KILAUEA AND KAU
Via Hilo Railroad and Volcano Stupes :
a o a a
a IS ?t.
" 'V J2
.- " W-. M 01
h. W V " f1
h c - iJ3 "J- M
U.S"3 . 5
n l x
1 - H H l
S 3 g 2 ps s;
1 1 yo
1 P. M.
5:00 1 10:30 11:00
Jl ? B
1 3 s
Za (i I
STATIONS j A.M.
I lv., Volcano Stables..ar II .,.
r min. n 9:-s
I IV Waiakea nr
( Hilo R. R. Depot
ar .Mountain View lv
ar....... Volcano House lv
.Volcano IIntte ar 4:30
ar Pahala lv1 10:30
ir 1 1 ilea ar 9:30
.ir Honuapo lv,
P.M. P. Mi
Couiivctiiig with Mauna I.oa. ftOu arrival of Manna I.oa.
TIME TABLE OF STEAMER MAUNA LOA:
6 Wednesday Dec. 9
17 Sunday Dec. 20
27 Wednesday Dec. 30
Time Table of Volcano Stables Slugu for
LAUPAHOEHOE, HONOKAA AND KAWAIHAE
.volcano btalilcs ar
Wcdn'sd'vl P. M.
ar .Hakalau lv
ar Houoliiua ar
lv Houokaa ar!
jar Kukuiliaele ar
,ar Kauailiac lvi
vi rt o
u " C.
rl H S t
O utfl o
When the weather is too rough for the Kiuau to laud at Laupaliovhoc Wednesday
the leaving time of stage from Hilo is changed 104:00 a.m. on Thursday morning, and
the Wednesday stage from Laupahoehoe to Houokaa will be held to connect with it.
On Mondays following the arrival of the Mauua Loa in Honuapo on Sundays, the
leaving time of the stage for Laupahoehoe from Hilo is changed to 10:00 a. in., and
the Houokaa stage is held at Laupahoehoe to connect with it.
Aside from cirrying of express matter and passengers these stages carry U. S.
Mail, so patrons may rest assured of prompt connections.
C. E. WRIGHT, Manager.
(C. XvJI-IMAJVIV J
THE ARTISTIC TAILOR
Will produce a garment upon order that will satisfy the most
fastidious wearer of clothes The
Latest in Spring Suitings and Trouserings
Are now arriving. Nearly all the Soring Patterns will be found
exclusively at Leiuuuuu's.
Call and Look at tho Goods
C LEHMANN, WAIANUENUE ST.
Sole Agents for
National Cane Shredders,
Baldwin Locomotives, j
Alex. Cross & Sons' Sugar Cane
citizens in the same way as the that the very existence of civilized
statute laws or the unrepealed rules I society depends, not on human life,
1 --ri . . of the common la v; oi that those
JUKI T t lllSKlGS ' articles of faith and observance may
be enforced by the statutes, by the
i legislature or the courts in the
i same manner or to the same extent
"Beer, 10c a Glass
but on the family relation. It is
said that "the family is the cradle
of sensibility, where the first lessons
are taught of that tenderness and
humanity which cements mankind
Enterprise Planing Mill Company.
GI;0. MUMHY, Mgr.
Piiont ST., in rear of Hilo Mercantile Go's Uuilding
Planing, Motiloing, Scroll Work and all kinds of Turned Work. Window Prauies, etc'
WATRR TANKS A SPECIALTY. Household and all kinds of Purniture,
Store Pittiugs, Counters, etc., uiade'to order. Cross-cut Saws re-toothed and
made as good as new, at easy rates.
Manufacturer ol School Seats, Chinch Pews, and Redwood Gutteis, all size
and Coffee Fertilizers.
JAS. M. CAMERON,
Mr. Camerop is prepared to give esli
mates on all kinds of Plumbing Woik
aud to guarantee ull work done.
Call and oxamino our stock
i you want to
Advertise in newspapers
.my where at anytime
i .ill on or write
Ii. C. Hake's Advertising Agency
HI 5 Miti limit-. Kii'ltmiKi-
rr 1 r
as the positive enacted law. If the , together." It is of course true that 1
law demands obedience to any max- the family may embrace various de-
, im of Christianity, it is not because grees of affinity, more or less near,
'of its Divine origin, but because ' but that is a strictly legal sense, it
I that maxim or rule has been regu- embraces the sacred relation of
larly adopted as part of the inuni-j husband and wife, parent and child,
,cipallaw. Hut the saying is true I brother aud sister, and surely it
'in this sense, that many of our would be most destructive to the
best civil aud social institutions I dignity and permanence of the home
and the most important to be pie-j if the first object of the parents'
served in a free aud civilized gov-! affection, which are the children,
eminent are founded upon the could not be held in proper restraint
Christian religion, are upheld and , nud control by the patents during
Hilo Wine and Liquor Co.
P. O. Box 306
Front Near Church St.
P. O. Box 396
King Noar Front St.
Choicest American and Kuropean Wines, Beers, Whiskies,
Gins, Brandies, Liquors, Etc.
J. S. CANARIO, Manager.
stretightened by its observance, 1 tender yenrs or even extending to j
thnt the whole purpose aud policy I - ",,,..", x
of the law assumes that we are 11 1 (Continued on page 7.)
The HILO TRIBUNE
JOB PRINTING DEPARTMENT