Newspaper Page Text
TIIR WlvKKLV IttU) TRIHUNK, 1UW, HAWAII, TUKSDAY, AUGUR1! 15, i9o5.
Mp The ClubmanNw
r As well as fhe Professional man B
f Bu5iness Man and Artisan
LjSold in bottle and keg Virounout
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
m W P 1
Beer as a beverage because some people misuse it.
There is more genuine merit as a tonic, as a blood maker in
a good beer than you may have supposed. One trial of
good beer will convince you, especially if it's
Doctors prescribe it because it is made right out of the
very best materials. You'll like it.
RAINIER BOTTILNG WORKS
1 23 Oz. Packages
Five packages gratis in each carton. 1
1 23 Oz. Packages;
Five packages Duke's Mixture gratis in each carton.
1 23 Ounce Tins
A high grade for pipe smoking.
THEO. II. DAVIES & CO. Ltd.
INSURE YOUR PROPERTY...
In a Reliable Insurance Company
Wo aro tho Resident Agonts for tho
Phoenix of Hartford, Conn, and
Svea of Gothenburg, Sweeden
H. HACKFELD & COMPANY, Ltd.
LA IIU It LAW INVALID.
In an opinion delivered on the
Hawaii Shinpo United Slntcs Dis
trict attorney Dreckons shows that
the Territory lnw excluding Japan
ese from public works is unconsti
tutional. This opinion in full is as
In inv opinion, the law in ques
tion is invalid and the courts will
not eulorce the same. My reasons
for this opinion are as follows:
The fourteenth amendment to the
Constitution of the United States
provides among other things as
"No state shall make or enforce
any law which shall abridge the
privileges or immunities of citizens
of the United States; nor shall any
state deprive any person of life,
liberty, or property without due
process of the law, nor deny to any
person within the jurisdiction the
equal protection of the laws."
This provision is also enforced
by legislation enacted by Congress,
being Sec. 1977, Revised Statutes
of the United States, which is as
"All persons within the jurisdic
tion of the United States shall have
the same right in every State and
Territory to make and enforce con
tracts, to sue, be parties, give evi
dence, and to the full and equal
benefit of all laws and proceedings
for the security of persons and
property as is enjoyed by white cit
izens, and shall be subject to like
punishment, pains, penalties, taxes,
licences, and exactions of every
kind, and to no other."
The latter part of the amendment
above quoted "nor deny to any
person within its jurisdiction the
equal protection of the laws" has in
every instance in which it has been
before the courts, been held to cover
the case of all persons, whether cit
izens or alieins, residing within
the jurisdiction; hence all aliens,
residing within the Territory of
Hawaii, are protected by the clause.
The law of the Territory of Ha
waii, referred to, certainly discrimi
nates between persons resident with
in the Territory. By its terms all
persons are not equally entitled to
acquire and enjoy property. By its
terms, impediments are interposed
to the pursuits of some which are
not applied to the same pursuits by
The constitutional amendment
has been applied by the Federal and
State courts in a variety of cases,
many of them, to my way of thiuk
ing, involving the same principal as
is involved in this question under
The Territorial Act in as palpably
aimed at the Japanese and Chinese
labor, as though it had said so in
as many words. It is known that
a very large percentage of laborers
111 the Territory are either Japanese
or Chinese. Under the laws of the
United States neither Chinese nor
Japanese can become naturalized;
they are not eligible to American
citizenship. The act, therefore,
might just as well have said that
every body but Japaneses and Chi
nese might be employed on public
works, irrespectively of their citi
zenship. Should the law be held
valid, practically the only persons
who could be prohibited by its pro
visions from being employed in pub
lic works would be Chinese and Ja
panese. I am not prepared to say what
my opinion would be as to the vali
dity of a law preventing all aliens
from engaging in public work. The
question does not appear to have
been flatly decided by any court.
although in one very recent case
the Supreme Court of the United
States, while refusing to pass on
the question, intimated that it was
a very serious one.
Aside from the constitutional ques
tion, there is in my judgment an- j
other reason why the Act should
be delared void.
By a treaty between the United
btates and Japan, ratified in 1895,
was provided as follows:
"The citizens and subjects of
each of the high contractus parties
shall have full liberty to enter, tra
vel or reside in any part of the ter
ritories of the other contracting
party, and shall enjoy the full and
protection for their persons and
"In whatever relates to the rights
of residence and travel; to the pos
session of goods and effects of any
kind; to the succession to personal
estate by will or otherwise, and the
disposal of property of any sort,
and in anv manner whatsoever.
which he may lawfully acquire; the
citizens or subjects of each contract
ing party shall enjoy in the terri
tories ot the other the same privi
leges, liberties and rights, and shall
be subject to no higher imposts, or
charges in these respects than na
tive citizens or subjects, or citizens
or subjects of the most favored na
tion. "They will not be compelled un
der any pretext whatsoever to pay
any charges or taxes other or high
er than those that are, or may be
paid by native citizens or subjects,
or citizens or subjects of the most
The provisions quoted, and others
in the treaty, are in my jugment
opposed to the provisions of the
The law of the teiritory in ques
tion, as I have already said, dis
tinguishes clearly between subjects
of other countries and those of Jap
an and China, and for this reason
is void as being in conflict with the
treaty referred to.
R. W. BRECKONS.
The N s have a summer cottage
in an unfrequented spot along the
shore. On hot summers, when
they are alone, Mr. N allows his
son aged three to go into the water
without the formality of a bathing-
suit. One such afternoon reecntlv
a party of young ladies arrived
unexpectedly, and were comfortably
settled on the wide verander when
young Richard calmly ascended the
steps, clad only in unsuspocting in
nocence and a huge straw hat.
For an instant absolute silence
reigned, then the boy's big brother
said sternly: "Richard, remove
your hat in the presence of ladies."
When some men fail to make a
hit they try to blame it on the
I'romlucnt West India Morchnnt
Cures Ills UnuEliter or'u Tin-cut-
oncil Attack or L'liQumoulii.
"Some time ago my daughter
caught a severe cold. She com
plained of pains in her chest and
had a bad cough. I gave her
Chamberlain's Cough Remedy
according to directions and in two
days she was well and able to go to
school. I have used this remedv
in ray family for the past seven
years and have never known it to
fail," says James Preudergast, mer
chant, Annato Bay, Jamaica, West
India Islands. For sale by Hilo
For a Good Smoke
Ask for the
Blue Teal Cigar
H. Hackfeld & Co.
Waiamiciiue Street, Hilo.
SPECIAL ATTENTION IS CALLED TO THE FACT THAT
Is that which has been manufactnrrvl fnt- ti,o , cc.
years exclusively b' 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 HICH-GRADE FERTILIZER
Is kept constantly on hand and for sale at San Francisco
prices, plus only freight and actual expenses,
By Our Hilo Agonts, N
L. TURNER CO,
lwLl,Sse WAIAKEA SALOON
FOIl KATHS, BLANKS, 1JTC.
E. E. RICHARDS
AGHNT INTF.IWSLAND TKI.K-
UKAl'll (JU., 1111,0.
WAIAKEA URinGK. HILO
j IIAVF. NOW A FI.I5F.T 01'
j Gasoline Launches
j and Small Boats
j FOR 1'UllI.IC HIRR
1 I assentjers mid Immune taken to niul
from vessels in the harbor at rensonaWe
(rates. I.nunches and rowhouts to hire
lor private picnics and moonlight riiles.
RING UP ON TEUSPIIONIS
Wolverine Gasoline Engine
Self-starter and reversible engine. In
practicability it is equal to the steam en
Kine. Sles front h. p. upwards.
Hoats fitted with this engine or frames 01
any sUe to order. For particulars apply
l K. A. MICAS 'Manager
I CRESCENT CITY
The Old Reliable Stand is
Razors honed, Scissors and all edged
tools perfectly ground. Satisfac-
Secoud Door Above Ueuioslheued' Cufc
Wharf Road, Second Door
From the Iliidge.
SCOTCH AND AMERICAN WHISKIES
Draught and Bottled Beer
Subscribe for til
scriptiou 2.50 a year,
e 1 KIHUNK-