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THH MiKKLV JlILO THtBUNtt, HILOj HAWAII, TUESDAY, DKCKMBUR 6, 1904,
THE HILO TRIBUNE'S MAIL CHART
MAILS ARRIVK IN HONOLULU AND DP.PART AS HOLLOWS:
j S. M. T. 1
i 4 U "Ventura
j if 19
20 26 27
W. T. F.
Sonoma Q Q
14 -JC Alameda
tAornngl Id 1G
"Alamcdn uu uU
fVc2Ta 29 30
OVKR the date ARRIVK from the Coast.
IIHLOW the dtitr DKPART for the Const.
Vessels whose names nt
Vessels whose names ri
K. K. Ivlnilll ilminrtN rmtm B in fnr ltnnohllii rviTV l'ridav (It to:oo n. 111.
S. S. Milium Loa'st. tMtk es In Hilo on Saturdays iituf Tuesdays marked
(x) nt 2:15 p. in., nrrh .Ionolulu nt daylight three days later.
tiuntion of Vers) Ml) To Sun Prancisco; (t) To Colonies; (t) To (I
ri.v. It. C; () Tc Ytaofuiim.
We Are Headquarters for
Ladies' Combs and Brushes
Kodaks and Cameras
Perfumes and Toilet Waters
Fine Toilet Soaps
FOR A GENTLEMAN
A Box of Cigars is the Most Appreciated Gift
La Marylinda, Clear Havana, 19c Size,
" " 2 for 25c.
Pedro Garcia, " " 19c Size,
" " " "' 2 for 25c,
El Merito, Seed Havana,
American Insular Londres,
HILO MARKET GO.,
, Telephone No. 39.
Briugk St. - Hn.o, H. I
Pacific Meat Markel
Fkont St., IIij.o, II. I,
Choice Cuts of
POULTRY of all Kinds
FRESH ISLAND BUTTER
Fine Fat Turkeys.
. .' Sucking Pigs.
ZZ ,H n
n c Cs
A full assortment of fern vases, pots
mid peilestals, for sale at S. II. Webb's
(.lore, Wuianiienni' street. Made by
Having secured the files of the Owl
Drug Store, we are prepared to fill all
prescriptions pteviously put up by that
II1I.0 DRUG COMPANY, I,TI.
Iljiin MrltcMtn l.nhor, ltuiN, l'nrkn
ami 1111 Arloullural ,Collr(?c.
Mountain Vikw, inivnii,
December t, 1904. J
Kimtok TitniUNii: The publicn
tion of tin- Sunday Advertiser's ntti
clcon the"l'inkcrton" Commission
throws tuuch-ncedcd light on the
subject, for which the people of OInn
arc indebted to the Tkiiiukk.
The Advertiser of November 23d
publishes the following:
"ANOTIUJR STORY AIIOUT PINK
"The latest story about the Plukhnui
Commission goei to show that the mys
terious junketers were out after data to
induce Congress to let In ,10,000 Chinese
laborers. Aiitlclimtiiiir that Couuress
would aBk: 'Why not white laborer?' the
commission proposes to show that while
men cannot work in tropical fields, uveu
as independent farmers, anil that fnr nil
sorts of agriculture Asiatics are required.
To forestall the protests of organized
labor the commission, which is partly
made up of union labor men, will report
In favor of the employment of while
mechanics on nil the plantations, and
couvejs the assurance ol the planters
that they will hire such men only, pro
viding they cm get Chinese fjr the un
skilled labor of the cunc fields. It is be-
lieved that with organized labor placated
Congress will have no reason to deny
access to the 30,000 Chinese asked for."
I nm of the opinion that the re
port of the Public Land Committee
of the Hilo Board of Trade will fit
in nicely with that program, show
ing that the Hawaiian land laws are
all right, and that Governor Carter
can make such additional land laws
as may be necessary, although the
United States Constitution plainly
says that neither Governor Carter
nor the Territorial Legislature can
do any such thing.
Of course, we must take into con
sideration that the United States
was not annexed to Hawaii when
the Constitution was adopted.
Attorneys for the defense in the
Mahaulu embezzlement case con
tend that there is, legally, no such
office as Commissioner of Public
Lauds in this Territory; that the
Organic Act docs not provide for
any such office.
I believe they are right, and have
so believed for a long time. When
the First Territorial Legislature met
I remained at Honolulu during the
entire regular session, and at that
time I made a statement in writing,
which I presented to several mem
bers, and gave it to the press. It
was published in the Republican,
to the effect that the Organic Act
did not authorize the appointment
or create the office of Commissioner
of Public Lands. I wanted the
Senate to refuse confirmation, and
also to refuse appropriations for the
office. In that way I hoped to
bring the matter to a head, but
nerve was lacking. 1 have just
found the copy I made at that time,
which is as follows:
DOKS THH ORGANIC ACT SAY THAT
THURIi SHAIJ, HI A COMMIS
SIONI5R OP PUHMC LANDS? IT
"Section 66. The Executive power of
the government of the Territory shall be
vested in n governor, etc.
"Section 89. That there be n Secretnry
of the said Territory, etc.
"Section 71. That there shall be an
Attorney General, etc.
"Section 72. That there shall be a
"Section 73. (Does the head line con
stitute any law or evidence that the office
of Commissioner of Public Lands is
created? Does Section 73 say a word
about Commissioner of Public Lauds?
NO. CHRTAINLY IT DOKS NOT.)"
In said Section 73, where the words
Commissioner of Public Lands appears
enclosed in quotation marks, showing
how the old laud transactions, together
with those ratified and confirmed by that
section, may be properly closed. In no
sense does it create n Territorial Office to
be continued under the Territorial Gov
ernment. There is no statement in the
Organic Act THAT THKRK SHALL HK
ANY SUCH OFPICK. The Organic Act
"Section 75. That there shall be n
Superintendent of Public Works, etc.
"Section 76. That there blinll be 11
Superintendent of Public Instruction.
"Section 77. That there shall be an
Auditor and Deputy Auditor, etc.
"Section 78. That there shall be n Sur
"Section 70. That there shall be a
High Sheriff, etc."
Nor does Section 80 cure the defects
win 11 among other things it says.
"The Governor shall nominate, nud by
and with the advice atyl consent of the
Senate of the Territory of Hawaii, ap
point the Attorney General, Treasurer,
Commissioner of Public Lauds, etc."
There is no obligation on the part of
the Senate to give cither ndvlce or con
sent to create and continue the office of
Commissioner of Public Lands, which
was not c lea ted by Congress In the
Organic Act. Absolutely no obligation,
either moral or written, llrowu nud his
pretended office should be cleaned out.
The Hoard of Trade is entitled to
credit (particularly Dr. Holland)
for havinir secured the crouuds
irottnd Rainbow lJalls for a park.
L have often wondered why that
mporlaut matter was not attended
to long ago.
It is tobe hoped thnt securing
the location of a Territorial Agri-
ultural College on this island may
not be forgotten.
J. T. Ryan.
SUl'KKMtitiOUItr AITBIt IJOYUI.
(,'oinlomus Police Methods Used to
In the unanimous decision of the
Supreme Court in the-case of Mat-
suntoto Moritaro, under sentence of
death, the Court condemns the
"sweat box" system of examining
witnesses and strongly censures
Detective Chester A. Doyle for as
saulting the defendant while under
arrest. Moritaro was convicted
and sentenced to death for the
murder of A. H. Glennou, on
Kauai, by exploding seven or eight
sticks of dynamite under his bed.
While under arrest and undergoing
examination by the police regard
ing the details of the crime, it is
alleged Doyle cuffed and otherwise
abused the prisoner. While it is
found that the misconduct of Doyle
on the occasion two days previous
did not have any influence in caus
ing the defendant to make a con
fession, "Notwithstanding this,"
the Court says: "The action of
Doyle on the occasion calls for
severe condemnation. To lay
hands at all on one held under ar
rest was a cowardly thing to do
and a gross violation of the rights of
the prisoner. A confession made
at that time and under those cir
cumstances could not have been re
ceived in evidence, for the law can
not measure the force of the in
fluence used or decide upon the
mind of a prisoner, and therefore
excluded the declaration if any de
gree of influence has been exerted.
"The whole procedure of police
inquisition known as the 'sweat
box' is a mutter which has no war
rant of law. It is entirely at variance
with the spirit of the common
law." Continuing the Court says:
"Without holding that no interro
gation can be put by the police to
a person arrested on suspicion, such
investigations must be conducted
with a due regard for the rights of
the accused, and must be free from
browbeating, intimidation and un
due pressure of any kind."
The right shoulders of persistent
golfers' coats have to be padded,
for golf develops the left
shoulder so abnormally that, with
out this paddinc the young men
would look a little deformed.
In driving, the player's right
arm and shoulder only guide the
ball's course; it is the left arm and
shoulder that do the work. Hence
the excessive left side development,
to counteract which it is sometimes
necessary to put in the right
shoulder of the coat padding an
Tailors can always tell a golfer
by this peculiar development of his
left shoulder. Sometimes young
women play enough to get uneven
shoulders, too. The deformity,
though, is rare among young
women whereas among young men
it is common.
Ilvorjbudy Uses Clinmbnrlulii'H
"Mothers buyit for croupy chil
dren, railroad men buy it for severe
coughs and elderly people buy it
for la grippe," say Moore Uros.,
Kldon, Iowa, U. S. A. "Wc sell
more of Chamberlain's Cough Rem
edy than any other kind. It seems
to have taken the lead over several
other good brands." For sale by
the Hilo Drug Co.
Subscribe for the Tridunk
Island subscription $2.50 a year.
A Fresh and Complete
Rugs and Portieres
Mats and Matting
Suitable for Christmas Gifts
No Second -Hand Furni
ture or Goods in Stock
Select Dry Goods
E. N. HOLMES
WAIANUENUE ST., HILO I
444A4 444 444444444444