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Till? WEEKLY IIIU) TUIHUNK, HILO, HAWAII, TUESDAY, JUNK 13, 1905.
H 7V'")' MiM
($ yT IjH 'J''10 brew of quality nml nbso-
B!KPfB lute purity is
fwmnmmm prjmo Lager
It is nu ideal family beverage
nml sold by nil hotels, bars
nml wholesale dcnlcrs.
,:: J i,Mi r
Comfortable Rooms ... Hot and Cold Baths ... A Well
Stocked Buffet ... Mixed Drinks and Fine Wines ... A
Cold Storage Plant on premises with all the Delicacies
of the Season ... Open Till Midnight
WAIANUENUE STREET, HILO
CUISINE UNEXCELLED FIRST-CLASS SERVICE
That iKl lit
Feeling 9 I
That one's stomach often has is quickly dispelled by
a glassful of
It aids digestion, makes rich, fed blood and is thorough
Your dealer can get it for you.
RAINIER BOTTILNC WORKS
mmm TQBACCOS m
COUNTY LAW UI'IIM.D,
Summary oT I he- DerMon Which
Sustains Iho Law.
1 2-3 Oz. Packages
Five packages gratis in each carton.
1 23 Oz. Packages
Five packages Duke's Mixture gratis in each carton.
1 23 Ounce Tins
A high grade for pipe smoking.
THEO. H. DAVIES & CO. Ltd.
Of Gothenburg, Sweden
Assets (Home Office) .... 7,333,063.36
Assets In U. S. (for Additional Security of American l'olicy Holders) 656,678.43
Pacific Coast Department: P.DWARD HROWN & SONS, General Agents
411.413 California St.. Sun Francisco.
H. HACKFELD & CO.. Ltd., Rosldont Agents, HILO
The .suction which apparently
saved the cotinU net from dentil nt
the hands of the Supreme Court, in
the test submission of agreed facts
in W. R. Castle, taxpayer, vs. A.
L. C. Atkinson, Secretary of the
Territory, is as follows:
"Section 95. Kach county at
torney when elected shall become a
deputy of the Attorney General of
the Territory, and shall report to
the Attorney General from time to
time as he may be required."
In the decision of the Supreme
Court, the modifications of thedutics
of department heads were nil found
to he easily in harmony with the
Organic Act's authorizations ex
cepting the placing of attorney
general's duties in the hands of the
county attorneys, and the court
found this to be allowable with the
proviso making thecounty attorneys
the deputies of the Territorial attoi
The decision of the court was
read in open court by Justice Hart
well, who wrote the opinion. There
was a crowded courtroom, many
members of the legislature and
county candidates being present.
The decision contains the follow
ing: The validity of the Act affects
this community profoundly. As a
measure intended to establish self
government over local affairs, a
principle which is the basis of our
state and national systems, it has
been urged by all parties. The
Organic Act grants unrestricted
suffrage, by the exercise of which
the needs and wishes of the citizen
arc intended to he expressed and
carried into effect by law enacted
by the legislature.
It is essential for the welfare of
Hawaii, for the security of life and
property that the measure devised
for establishing this principle, im
perfect in many details and to n
certain extent tentative as it well
may be and yet be a valid measure,
shall be free from such radical de
fects as would defeat its object.
With political or financial objections
to the Act, if any there be, this
court has nothing to do. We have
only to decide whether any of its
vital features are so inconsistent
with the Organic Act as to require
the inference that it is not authoriz
No County Act can be regarded
as unauthorized by the Organic
Act by reason of such inconsistency.
Nothing can be more deplorable,
more abhorrent to true American
ism, than a belief, thus far it is to be
hoped felt by a few persons, that
our courts in interpreting statutes
(can reach conclusions to satisfy
their own wishes, likes or dislikes.
' It ought to be unnecessary to say
that we may think of the wisdom
(or advantages of county govjrn
l ment under existing conditions in
I Hawaii has nothing to do with the
questions of law at issue. Our opin
ion concerning the practical work
ing of this or of any oilier system
of county legislation, whether it
appears to us that larger opportuni
ty for effectuating popular wishes
,in the expenditure of public money
or in any other matters is thus af
forded or not, is immaterial and ir
relevant to the examination of those
"We have already observed that
the Act would not be constitutional
because in provisions for govern
ment of counties and control of
county affairs by elected county
officers, it conflicts, as to a consid
erable extent it must do, with pro
visions in the Organic Act for Ter
ritorial government by appointive
Territorial officers, nor even if in
some matters it unnecessarily sub
stitutes county officers for Terri
torial officers. Considerable discre
tion must be allowed for the exer
cise ol the expresbcd power to cre
ate counties and provide for their
"Creating counties and providing
for their government does not re
quire and therefore does not imply
the abrogation of the functions in
respect of Territorial affairs of the
Territorial officers such as the at
torney general and superintendent
of public works. As far as officers
other than the attorney general are
concerned, c do not consider that
the Act unduly encroaches upon
their prescribed functions. The
Organic Act places with the attor
ney general the duty of prosecuting
violations of Territorial penal laws
and claims, together with many
other duties imposed upon him by
the laws of Hawaii, subject to such
modifications as the legislature may
by law enact.
"The Territory, as well as coun
ties, is concerned in the enforcement
of Territorial penal laws. It is the
Territory and not the counties to
which accrue fines and costs for vio
lation of Territorial laws and the
proceeds of Territorial claims. To
place with county attorneys to the
exclusion of the attorney general
the duty of prosecuting them would
not be a "modification" of the at
torney general's duties but practi
cally a repeal of that portion of the
Organic Act which relates to them.
Violation of county ordinances and
prosecution of county claims would
properly be entrusted to county at
torneys only, but that is the extent
to which their exclusive authority
can go without subverting the Ter
ritorial system provided by Con
gress. Even if it were true that
the Act in respect of the attorney
general's functions or in some other
respects goes further than is con
templated by the provisions of the
Organic Act for county govern
ment, there is nothing therein
which appears to us to invalidate
the Ait. The result would simply
be that the attorney general would
still be authorized to perform all of
his functions as prescribed by the
Organic Act as far as they concern
Territorial matters. This is per
haps the intent of the provision in
the County Act which makes the
county attorneys the deputies of
the attorneys general.
"Counties may properly share in
Territorial tax money assessed and
collected by assessors and collectors
of the territory.
"We find nothing in the Act
which is not expressed in its title in
the sense of being properly incident
germane or cognate thereto.
"The control of roads and bridges
transferred to counties is a modifi
cation of the powers and duties of
the superintendent of public works
and essential to the control by coun
ties of their own affairs.
"There is nothing in the Organic
Act which precludes placing upon
circuit judges the function of ap
proving bonds of supervisors or
empowering this court to deal with
"The provisions of the County
Act making the leper settlement a
separate county under the control
of the Hoard of Health conflicts
with no provision of the Organic
"The section repealing inconsis
tent laws is sufficient for its pur
pose, leaving cases of doubt for ju
"In conformity with this opinion
the injunction sought by the plain
tiff ought to be denied, and it is de
H. IS. Highton for plaintifT.
Deputy Attorney General M. F.
Prosser and H. E. Cooper for defen-deut.
We have opened a choice lot, such as :
Carved Swiss Woodwork
Italian Statuettes, Busts, Vases, etc.
German Music Boxes
Japanese Fancy Goods
Satstima Ware, Vases, Cloisonne Ware
A new shipment of the favorites of Hiln
smokers just to hand :
" La Plonta
" El Belmont " Needles, Pcrfcctos, etc.
" Crcmo "
Call on us and inspect them.
H. Hackfeld & Co.
Waiauueuue Street, Hilo.
SPECIAL ATTENTION IS CALLED TO THE FACT THAT
Is that which has been manufactured for the past fifteen
years exclusively by the
California Fertilizer Works
SAN FRANCISCO, CAL.
Whcu purchasing be sure that in addition to the brand
the name of the California Fertilizer Works is on every
sack, otherwise you will not be getting the genuine article.
A large stock of our Diamond A and our
XX HIGH-GRADE FERTILIZER
Is kept constantly on hand and for sale at San Francisco
prices, plus only freight and actual expenses,
By Our Hllo Agents,
L. TURNER CO,
Johnny on Tnlus.
When asked to write a short
composition on some interesting
experience, Johnny, after much la
bor, handed his teacher the following:
"Twins is a baby, only it's dou
ble. It usually arrives about 4:37
in the morning when a fellow is
getting in his best licks sleepin.
Twins is accompanied by excite
ment and a doctor. When twins
do anything wrong, their mother
can't tell which one to lick, so she
gives it to both of 'em so as to
be sure. We've got twins to our
house, and I'd swap 'em enny day
fer a billy goat or mos' enny thing."
PAY FOR THE BEST
AND THAT'S TDK CLASS OP WORK
FRONT ST., Or. SrRECKF.L'3 BLOCK
Waiakea Boat House
R.A. LUCAS & CO., Prop'rs.
WAIAKEA BRIDGE, HILO
HAVB NOW A PLKHT OP
and Small Boats
FOR FUHLIC IIIRK
BBsent'ers and baccace taken to and
from vessels in the harbor at Veasoimlilc
rates. Launches and rowboats to hire
for private picnics and moonlight rides.
RING UP ON TELEPHONE
Wolverine Gasoline Engine
Self-starter and reversible engine. In
practicability it is equal to the steam en
gine. Sizes from V2 li. p. upwards.
Boats fitted with this engine or frames 01
Rny sire to order. For particulars apply
to R. A. LUCAS 'Manager
The Old Reliable Stand is
Razors honed, Scissors and all edged
tools perfectly ground. Satisfac.
Second Door Above Demosthenes' Cafe
Wharf Road, Second Door
From tjie llridge.
SCOTCH AM AMiiKICAN WIIISKIliS
Drought and llottled lleer
Subscribe for the Tkiuunr
Island subscription $ 2.50 a year.
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