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HILO, HAWAII, HAWAIIAN ISLANDS, TUESDAY, JULY n, 1905.
rUIlUSHltl) HVRY TUKSDAY
Orncit, Kino Strkkt, Htui, Hawaii
Hilp Tribune Publishing Company, Ltd
rublisliert nml Proprietor.
President C. C. Khnnkhy
Vice-President H. E. Riciiari
SecreUryTrcaiurcr J. Cartlk Riikiwav
Auditor A. 1. Sutton
Director M. M.Tiiomison. I). W. Makmi
Advertisements utinccompanlcd by specific
Iditrucllotis Inserted until ordered out.
Advertisements discontinued before rxplrnllon
of specified period will be charged as ir con
Untied for lull term.
Chas. M. LeBloncl
lUwallsn, Japanese, and Chinese Interpreters
and Notary t'ubllc In Office.
Office: SltVltRANCK UUILUINC,
Opposite Cour House, HILO, HAWAII
J. CASTLIt RlDOWAY TlIOS. C. RlDGWAY
Ridgway & Ridgway
tiollcllors of I'atenls General Law Practice
Notary Public in Office.
Ol'KICIS : Walauueiiue nnd llridge Streets
I. E. RAY
and NOTARY PUBLIC
REAL ESTATK, ETC.
F. S. LYMAN
EIRE, ACCIDENT AND MARINE "
Waianueuue Street, - Hilo, Hawaii
A S. LeBaron Gurney
OPPOSITE SPRECKELS' BUILDING
To Whom it May Concern.
The undersigned lias, this day, been
appointed and has (ninlified as Adminis
trator of the Estate or Joao M. Jardine,
deceased. All persons lmvititj any nc.
counts against the said Estate arc hereby
notified that they must present the same
together with satisfactory vouchers within
six months from the date hereof; other
wise they will be barred.
(Signed) EVANGELINO DA SILVA,
(Signed) Carl S. Smith,
Attorney for Administrator.
Hilo, Hawaii, July 6th, 1905. 37-4
Notice to Creditors.
In the Circuit Court of the fourth Circuit,
Territory of Hawaii.
In the matter of the Estate of BERNADO
I)K CAMARA, Sr , deceased.
Notice Is hereby given that the under
signed has been appointed Administrator
of the Estate of Beruado dc Camara, Sr.,
deceased, and that all persons having
claims against said estate, whether se
cured or otherwise, are hereby notified to
present the same to the undersigned at
office of Ridgway & Ridgway, Hilo, Ha
waii, T. II., duly verified nnd with proper
vouchers, if any, within six month from
the date of this notice, otherwise said
claims will be forever barred.
JOSE dk CAMARA,
Hilo, July 3, 1905.
RlIK'.WAY & RlDOWAY,
Attorneys for Estate. 36-4
HAWAIIAN FERTILIZER CO.
Collector of Rents (or Waiakea Mill Co.
General Collecting Solicited
and Returns Promptly Mnde.
Office with Tlteo. II . Davies & Co., Ltd.
Waianuemie and Bridge Sts. Hilo,
W. H. BEERS
(English and Hawaiian)
Commission and Business Agent.
Will Act as Administrator, Guardian and
Executor. Rents and Bills Collected..
Office with I. E. Ro. Telephone 146
BISHOP & CO.
Honolulu - - Oahu, II. I.
Transact a General Nanking and Ex
Commercial and Traveller's Letters o(
Credit Issued, available in all the principal 1 of said estate
In the Circuit Court of the I'ourth Circuit,
Territory of Hawaii.
In PRonATit At Chamhkrs.
I11 the matter of the Estate of ANNIE T.
K. PARKER, a minor.
ORDER OP PUBLICATION AND TO
SHOW CAUSE ON GUARDIAN'S
APPLICATION TO SELL REAL
On reading nnd filing the petition of
Alfred W. Carter, the Guardian of the
property of Annie T. K. Parker, a minor,
praying for an order if sale cf certain
real estate belonging to his said ward,
which said real estate is situated within
the I'ourth Judicial Circuit of the Ter
ritory of Hawaii, and consists ol the fol
lowing described pieces and parcels of
1. Laud contained in Grant 3142 to J.
P. Parker in Kaaoiki, Hamakuii; area 125
2. The laud in P.iauhau, Wcha, Ma
kukuolo, Kcuhua, and Kalopa, within
the boundaries of the lease of J. P. Par
ker aud S. Porker to W. G. Irwin &
Company, dated July 1st, 1886, of record
ill Liber loi, page 175; total urea, 1074.50
3. The lands of Wcha, Makakuolo
and Keahua, adjoining the laud before
described; area 745.1 acres.
4. One-half interest in the Kalopa
Crown Laud held under lease known as
General Lease 101, 011 file in Public
Lauds Office, expiring July 1st, 1916;
area 1005.6 acres.
5. The laud in Kalopa described in
L. C. A. 8408 to ICuhea, 10 acres.
And set forth certain legal reasons why
such real estate should be sold, to-wit,
that it appears that it would be for the
I benefit of the said minor that a portion of
her real estate should be sold and the
proceeds thereof should be invested in
some productive stock or other invest
ment. It is hereby ordered that the heirs and
next of kin of said ward and nil persons
interested in the said estate appear before
this Court 011 Saturday, the 12th day of
August, A. D. 1905, at 10 o'clock a. in.,
at the Courtroom of this Court in South
Hilo, Island and Territory of Hawaii,
and then and there show cause why an
order should not be granted for the sale
CLAIMS POWER TO APPOINT AND REMOVE
cities of the world.
Special attention given to the business
entrusted to us by our triendsof the other
Islands, either as Deposits, Collections
Insurance or requests lor Exchange.
BY DAY, WEEK OK MONTH.
Neat and newly fitted. Centrally and
pleasantly located 011
NEAR WAIANUENUE ST.
Pacing 011 Court House and Hilo Hotel
Parks. A quiet, pleasant retreat.
I And it is further ordered that a notice
J of this order be published for at least
1 three consecutive weeks before the said
I day of hearing, in the Hilo Tribune, n
newspaper published in Hilo, and the
I Pacific Commercial Advertiser, a news
' paper published ill Honolulu, the last
publication to be not less than ten days
' previous to the time therein appointed
! for snlil hearing.
Done at South Hilo, Island and Terri
tory of Hawaii, July 1st, 1905.
(Signed) CHAS. V. PARSONS,
Judge of the Circuit Court of the I'ourth
(Signed) A. S. LuBARON GURNEY,
Carl S. Smith,
Attorney for Petitioner.
July 4, 11, 18, 25, August 1.
Ill response to the demand of the Hoard of Supervisors made upon
Sheriff Kcolanui to rccommission nil police officers during the mouth of
July, he reported yesterday morning nt 10 o'clock before the Board reit
erating his refusal, supported by a written opinion ot the County Attor
ney. The substance of the opinion is as follows:
Wm. M. Kcolanui, Esq., Sheriff of the County of Hawaii:
Dear Sir: I hereby give you the following opinion in answer to the
questions as given by you:
Question 1 "Who appoints Police officers (Captains of Police and
Clerks included) in and under the jurisdiction of the Sheriff of the
County of Hawaii?"
In order to arrive at n proper conclusion and answer to the questions
submitted, it is proper to examine the law and the status of the Police
prior to the going into effect of the County Law passed by the Legisla
ture of 1905.
Under the title of Sheriffs, the law read as follows: "There shall be a
Sheriff for the Island of Hawaii, who shall have the exer
cise, the care, supervision and control of the Police within their respec
tive jurisdictions, subject, however, to the support or control of the
High Sheriff and the Attorney-General. Sec. 1358, R. L.
"The High Sheriff for and within the Island of Oahu, subject to the
approval of the Attorney General, and the several Sheriffs fir and with
in their respective jurisdictions, subject to the approval of the High
Sheriff, may appoint such Deputy Sheriffs and other police officers as
occasion may require, and may dismiss then in their discretion ."
Sec. 1564 II. L.
By Act 39 of the Session Laws of 1905, entitled "An Act Creating
Counties within the Territory of Hawaii and Providing for the Govern
ment Thereof," under Chap. 15, title, Sheriff, it provides: "Subject to
the special provisions of this Act, the County SherifT of each County
shall have and exercise all the powers, privileges and authority, and be
required to perform all the duties in his own jurisdiction, the same be
ing the County in and for which he shall have been elected, as arc now
by law provided to be had, exercised and performed by the High SherifT
of the Territory or by the Sheriffs of the various Islands respectively,"
1905, Act. 39, Sec. 67.
"All laws or parts of laws, so far as the 'same may be inconsistent
with any provision of this Act, are hereby repealed." 1905. Act 39,
By the above sections ol the County Act, it specially provides that the
County SherifT shall have and exercise all the powers, privileges and
authority, as are now by law provided to be had, exercised aud per
formed by the High SherifT of the Territory of Hawaii, or by the Sheriffs
of the various Islands respectively; and be required to perform all the
duties in his own jurisdiction, the same being the County in and for
which he shall have been elected; the only exception being the care,
custody or control of any Territorial jail, etc., which still remains with
the High SherifT.
The Supreme Court of the Territory of Hawaii has held as far as
officers other than the Attorney-General ate concerned, we do not con
sider that the Act (meaning County Act) unduly encroaches upon their
picscribed functions." Castle vs. Atkinson. 16 Haw. 769.
By combining the law as is contained in the foregoing sections, and
eliminating the parts inconsistent with the County Act as provided in
Section 112 thereof, I am of the opinion that the Sheriff of the County
of Hawaii has the power of appointment formerly exercised by the
Sheriff of the Island of Hawaii, aud also has the power of approval exer
cised by the High Sheriff of the Territory, and do therefore hold that
the Sheriff of the County of Hawaii bs the sole and absolute power of
appointment of Police Officers below the grade of Deputy Sheriffs.
In reference to the appointment of clerks, included in the foregoing
question, the law is plain and clear under section no of the County
Act, which is as follows: "A County Officer may, with the approval
of the Board of Supervisors, employ such Clerks and other assistants as
may be necessary to aid him in the performance of the duties of his of
fice, and may, without such approval, remove the same." Therefore
to employ Clerks it requires the approval of the Board of Supervisors.
Question 2. "If such appointments are made by the Sheriff of the
County of Hawaii docs the law require that such appointments be approved
by the Board of Supervisors' to become valid?"
This question is answered by the answer to question 1, but in order
that there will be no misunderstanding, I will say that it is my opinion
that the appointment of police officers by the sheriff of the county does
not require the approval of the Board ot Supervisors to make their ap
pointments valid; but in the case of Clerks the approval of the Board of
Supervisors is necessary.
Question 3 "Who are authorized by law to remove or dismiss police
The Statutes give this power aud authority to the following:
The SherifT of the county, by Section 1564 Revised Laws.
Any Judge of a Court of Record, by Section 1567, R. L..
I am unable to find any law or statute giving the power of removing
or dismissing police officers to the Board of Supervisors; and had such
been the intention of the Legislature, it would have been embodied in
the County Act in clear and unmistakable language.
I have the honor to be,
Yours very respectfully,
The Supervisors excused the Sheriff and proceeded to the considera
tion of his refusal, in connection with the County Attorney's opinion, in
executive session. Action 011 the resolution was deferred until this
morning, when the Board reconvenes.
Acting on the above opinion, Sheriff Kcolanui has issued new com
missions to all police officers under his control, which he will submit to
the Board of Supervisors for approval.
Latest Sugar Quotations.
San Francisco, Cal., July 10. 960 Test Centrifugals, 4.1025; per
ton, $82.50. 88 analysis beets, 13s 3d; per ton, $90.40.
Governor's Cousin Commits Suicide.
Honolulu, July 10. Standing on the banks of a rice field in Palatna
yesterday morning, David Carter, a cousin of Governor Caiter, pointed
a revolver at his temple and fired, killing himself instantly.
Rioting Continues at Tiilis.
St. Petersburg, July 8. The mutinous battleship Potemkin is still at
large in the Black Sea, heading, it is believed, for Batouni. The Black
Sea fleet has sailed for Theodosia, where the rebel battleship Potemkin
is in port.
Theodosia, July 8.-town.
Tiflis, July 10. Bombs are being thrown
killed and thirteen wounded yesterday.
A Russian cruiser has arrived here to protect the
daily. Two persons were
Revolutionists Quiet at Odessa.
Kutsenji, Russia, July 10. Admiral Krugcr took possession of the
Potemkin and sailed with her. Seven officers of the battleship were
found in a pitiable condition, owing to ill treatment.
Attempted Assassination Fails.
Theodosia, July 10. The attempted assassination of Colonel Wolna
did not succeed.
The Remains of Paul Jones.
Paris, France, July 6. The body of Admiral John Paul Jones,
founder of the American Navy, was delivered to the Americans today with
great ceremony. The body will be conveyed to America by Admiral
John Hay Laid at Rest.
Cleveland, O., July 5. The burial of the remains of the late John Hay
took place today. The ceremony was simple, President Roosevelt and
his Cabinet attending.
. The New Secretary of State.
Secretary of War,
New York, N. Y., July 6. Elihu Root, formerly
will succeed John Hay as Secretary of State.
England Honors Statesman.
London, July 6. England honors memory of America's diplomat.
Services held in St. Paul's Cathedral.
Elks Show a Success.
NoTlCH Neither the Masters nor
Agent of vessels of the "Matson Line"
will be responsible for any debts con
tracted by the crew. R. C. GUARD,
IlilOi April 16, 1901 14-
ALL KINDS OP
GOODYEAR RUBBER CO.
R. If. PEASE, President.
SAN I'RANCISCO, CAL., U. S, A,
Sheriff Brown Given Absolute Control.
Honolulu, July 1. Oahu Supervisors passed resolution authorizing
and empowering Sheriff Brown to assume control of the Police Depart
ment without reservation, and to employ such subordinates aud incur
any expense necessary to the proper management of the same. High
Sheriff Henry has vacated his offices and moved into quartess in Execu
Rescued Alive From Submarine Boat.
Paris, Prance, July 8. The sunken submarine boat Fttrfadu at Tunis
harbor lias been brought to the surface and the crew of twelve men
The Myrtles Defeat Healanis.
Honolulu, July 5. The Myrtles wen both boat races, Time; 10:34 4"5
and 10:40 1-5 respectively,
The Hilo Armory was ablaze with light and color on the night of the
Fourth of July, when the Elks presented the popular play of "Lend Me
Five Shillings," followed by a ball under the joint auspices of the Elks
and the Hilo Jockey Club. Every seat in the house was sold and many
spectators were obliged to stand.
A mammotn stage had been erected at one end ol the hall, with
appropriate stage settings, which was set oil by a purple and white cur
tain and the national colors. The performance, which was under the
personal direction of Will Carlcton Cook, was one of the most artistic
productions ever seen by a Hilo audience. The cast of characters was
well sustained throughout the play, nnd there was 110 hitch to mar the
pleasure of the evening, despite the fact that only ten d lys had been
spent in preparation of the comedy. Mrs. A. G. Curtis of Olaa, as the
dashing "Mrs. Major Phobbs," the widow, and Mr. Cook as "Mr. Go
lightly" took the leading roles, which they rendered with a confidence
and a finish seldom seen off the professional stage. Norman O. Cam
pion, as the blustering "Captain Phobbs," was a surprise to those who
were not before aware of his dramatic ability, and Miss Florence Scott,
as his wife, was captivaiug in that modest role. Thos. C. Ridgway us
"Moreland" and D. E. Metzger as "Captain .Spruce" performed their
parts in a highly satisfactory manner, while J. D. Easton, as "Sam,." the
waiter, made a decided hit as a loquacious but obliging seivant.
Following the play, the hall was cleared and the 11 or sjiven over to
the dancers, who indulged in this favorite pastime until the wee sma'
hours of the morning.
Kohala-Hilo Railway Project Fails.
The prospects for the construction of the Kohala-IIilo railway project
appears to have disappeared. Superintendent of Public Workn Hollo
way has cancelled the Ililo-Kohala railway franchise on account of the
failure of the company to comply with its terms. The franchise was
granted in 1900, and repeated efforts to finance the project have failed.
The Hilo railroad, who have been considering the proposition to extend
its Hue northward under its original charter covering the same right of
way, have practically abandoned the idea because of its failure to secure
hauling contracts from plantations along the line.
Ouomca, Pepeckeo and Honotnu sugar plantations, controlled by C.
Brewer & Co., have closed a contract with the Inter-Island Steam Navi
gation Co. to carry all their freight for five years. The sugar will be
delivered to Hilo by Inter-Island steamers and there transhipped.
The Hilo railroad made the three plantations in question an offer to
build a railroad from Hilo to the plantations named aud to transport the
freight at a rate which would have been less expensive than the tates
heretofore paid by the plantations. The steamship company named a
figure lower than the offer of the railroad and was awarded the contract
for five years.
This withdrawal of so large an amount of freight from the possible
freights of the railroad will act as an effectual bar to the construction of
a railroad through the Hilo district for some years, as the plantations
named extend out about twelve miles from Hilo, and theie is not Height
enough outside to warrant the building of a railroad through the dis
trict, this twelve miles being the roughest and most expensive on the
J whole projected Hue through Hamakua.