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TUESDAY - MAY 22, 1906
Uutcitd nt the PostoOice at "ililo, Ha
wall, as second-class matter
PUDMSHKD KVKRy TUK3DAV.
J. WiiKRLdcK Marsh - Editor
D. W. Marsh Uuslncss Manager.
IIu.o dog-fanciers are talking of
organizing a kennel club, having
for its object iht- improving of the
character, or, more properly, qual
ity, of the canines of the vicinity.
There are several well-bred dogs in
Hilo, and a hole lot of curs, mangy
and otherwise. Happily the police
department is materially reducing
the numbers of the last mentioned
class through the enforcement of
the dog tax law. An organization
of this kind, that would register
dogs worthy of such an honor, and
that could arouse interest in the
pure breeding of these auimuls,
would prove of interest to its mem
bers and would be a public bene
factor. Jv streets do not make a city, at
least there can be no city withbut
streets. The city of Hilo can boast
of many as well-kept and beautiful
streets as any of its size anywhere,
still there are a number of unopened
sections and extensions, that are
needed now, to say nothing of the
future, for strest purposes. The
convenience of the individual whose
property is boxed up; that of the
public, desiring to get about; and
the appearance of things in general,
all demand that these streets be
opened. The way to get these
things done is to go ahead and do
them. There is nothing in the
way of accomplishing the desired
results more than the following of
the necessary and prescribed legal
course. There are no unusual ob
stacles in the why. The full im
provements of all these streets is
not immediately necessary. Among
the most important of street im
provements awaiting action is that
of the widening and subsequent
putting in a finished condition of
King street. The location of this
street with reference to the business
part of the city, the court house and
other public buildings, puts it in
the front rank of importance among
those needing attention.
Mr. A. L. IouisSON,.the well
known coffee grower of Hamakua,
has been in Hilo during the past
week. Mr.'Louisson takes excep
tion to the sugnestion made by Thk
Tkiuunk some time ago, that, the
climate and soil of this island being
similar, apparently, to those of
Costa Rica where the finfist flavored
coffee in the world is produced, it
might be found some day that this
island would make coffee growing
equally successful with that coun
try. He says that in his opinion
there is only one solution for the
coffee question in this country, and
that is the tariff. "You may say,"
he says, "that my views are very
radical on that question; there is
only one solution for the problem
of successfully producing coffee on
this island, and that is a tariff on
coffee" Mr. Iouisson has fully in
ormed himself, and is beyond doubt
the best posted man hereabout on
this subject; his opinion is entitled
to all respect, and Thk Tribunk
admits the undoubted correctness
of his conclusion. In this, as in
most industries new to a locality,
more or less experimentation has
to be made to attain success, but
unquestionably a tariff on coffee is
necessary to make coffee production
I
profitable in this country.
Hand For Culeimitlon.
While in the city during the week,
Hev. W. II. I'enton-Smlth was in con
saltation with the Ilito baud inauage
jnent with reference to their going to
Kohalu 011 June 10 to furnish music
for the celebration teiug arranged for
the occasion of the opening of the Ko
hula ditch. Mfc Fenton-Smith was
uctiug at the request of Mr. Sam Parker,
who has the arrangements for the cele
bration in charge.
It is understood that the b.ind will
leave, if the arrangements for its going
are completed, on a special steamer, on
Sunday, June 10, returning the follow
ing Tuesday, the celebrutiou being on
Mouday, June It.
THk
.
DECISION MY JUIXJK i'AKHONS.
HlfCht or Trial liy Jury. Territorial
Laws In Conflict With Constitution.
In the Circuit Court of the Fourth
Circuit, Territory of Hawaii.
At Chambers.
In the Matter of Fnjii Kaichi, Pe
titioner. Habeas Corpus.
DECISION.
The facls in this case are not dis
puted. On the tSth day of April,
1906, the petitioner was arraigned
in the District Court of South Hilo
upon a charge, of larceny in the
second degree, to which he entered
a plea of not guilty and thereupon,
demanded a trial by jury. The de
mand was refused and, over the
objection of petitioner, the magis
trate proceeded to hear the case and
to render judgment thereon. On
April, 19th, 1906, the, magistrate
lounu the uetemiant guilty as
charged, and thereupon sentenced
him to pav a fine of $100.00 and
costs. The petitioner refusing to
pay said fine and costs was taken
into custody by respondent and was
by him imprisoned in the Hilo jail
under a mittimus issued by said
magistrate upon said judgment.
Petitioner is brought before this
court upon a writ of habeas corpus
dated April 19th, 1906. In his
petition the latter claims to be un
lawfully restrained of his liberty,
alleging that Ihe District Magis
trate was without jurisdiction to
try, convict and sentence him upon
said charge after his demand for a
jury trial.
Petitioner claims that upon the
charge of larceny in the second de
gree he was entitled to trial by jury
under the Sixth Amendment of the
Constitution of the United States.
Article III of the Constitution
contains, among others, the follow
ing provision :
"The trial of all crimes, except
in cases of impeachment, shall be
by jury."
The portion of Amendment VI,
above referred to, provides t
" In till criminal prosecutions,
the accused shall enjoy the right to
a speedy and public trial by an im
partial jury of the state and district
wherein the crime shall have been
committed."
Section 5 of the Organic Act pro
vides, among other things:
"That the Constitution, and, ex
cept as herein otherwise provided,
all the laws of the United States
which are not locally inapplicable,
shall have the same force and effect
within the said Territory as else
where in the United States "
Section 1664, Revised Laws of
this Territory, provides:
"District Magistrates shall have
jurisdiction of, and their criminal
jurisdiction is hereby limited to,
criminal offenses punishable by fine,
or by imprisonment not exceeding
one year whether with or withont
hard labor, or with or withont fine.
Provided, however, that they shall
not have jurisdiction over any of
fense for which accused cannot be
held to answer unless on a present
ment or indictment of a grand jury;
and, provided further, that in any
case cogizable by a district magis
trate as aforesaid in which the ac
cused shall have the right to a trial
by jury in the first instance, the
district magistrate, upon demand
by the accused for such trial by jury,
shall not exercise jurisdiction over
such case, but shall examine and
discharge or commit for trial the
accused as provided by law; but if
in any such case the accused shall
not demand a trial by jury in the
first iustsuce, the district magistrate
may exercise jurisdiction over the
same subject to the right of appeal
as provided by law.
The judge quoted from the
opinion of Mr. Justice Harlan in
the case of Callnn vs. Wilson, 127
U. S. 540, who quotes Mr. Justice
Story, in " Story 011 the Constitu
tion," P. 1791; from Mr. Justice
Blatchford in re Dana, 7 Benedict,
14; from Mr. Justice White, in
Rasmusseu vs. the United States,
197 U. S. 516, and concludes his
decision as follows:
In ex-parte Higashi, decided by
the Supreme Court of this Terri
tory, April 6th, 1906, the Territory
appealed from an order of the cir
cuit judge in a habeas corpus pro-
EKKtY tilLO TRIBUNE,
HILO,
cecding, discharging the petitioner
who was imprisoned in Honolulu
jail under a sentence of thirty days
imprisonment, imposed by the dis
trict magistrate of Honolulu, for
the offense of ' Aiding and assist
ing in maintaining a lottery con
trary to Section 3173, R. t."
The circuit judge's reason for
discharging the petitioner and many
of the questions considered upon
appeal in the Supreme Court are
not raised in this case and need not
here be discussed.
In the Higashi case the petitioner
failed to demand a jury trial in the
magistrate's court and thereby
waived the right to be tried by a
jury in the first instance. The Su
preme Court expressed the opinion,
however, in reversing the decree of
the circuit judge, that had the peti
tioner demanded a jury trial he
would have been entitled to the
same under the Sixth Amendment
of the Constitution.
Said Mr. Justice Hartwe.ll, in
giving the opinion of the court:
" The offense of gambling, whe
ther prohibited by municipal ordin
ance or territorial statute, is not a
crime which from its nature requires
the publicity of a jury trial, but
when it may be punished, as in the
present case, by imprisonment for a
period as long as one year, the of
fense becomes sufficiently grave, by
reason of the penalty, to require a
jury trial, if demanded by the de
fendant." After reciting the facts
and the decision in the Rasmusseu
case, Justice Hartwell continues :
" the decision is conclusive in the
present case in requiring us to hold
that under the sixth amendment the
petitioner was entitled to 'enjoy the
right to a speedy and public trial by
an impartial jury.' " (
Grand larceny and petit larceny
are common law offenses. Prom
the ninth year of Henry the' First
down to the time of Blackstone,
theft of property above the value ol
twelve pence was punishable by
hanging.
4 Cooley's Blackstone, 3rd
Ed. 237.
Larceny in the second degree, or
the theft of property of lessvalue
than fifty dollars (the offense for
which the ptitioner was tried in
the district court) is punishable
under the laws of this Territory by
imprisonment not more man one
year or by fine not exceeding one
thousand dollaas.
Section 2963 Revised Laws.
In view of the nature of the of
fense and the punishment provided
therefor as set forth respectively in
the above two last paragraphs, the
decision in Callau vs. Wilson, Ras
musseu vs. United States' and Ex
Parte Higashi, above quoted, are
held to be decisive of all the issues
involved in the present case.
Applying Mr. Justice Hartwell's
words in re Higashi to the present
case: "When a jury is demauded
in a case like this the
magistrate commits the defendant
for trial by jury in the circuit court
if in his opinion the evidence ad
duced shows probable cause to be
lieve that a jury would convict."
I find that the petitioner was en
titled to a trial by jury upon his de
maud for same, that after his de
mand the magistrate was without
jurisdiction to try and convict him
upon said charge of larceny in the
second degree, and that petitioner's
imprisonment by respondent under
a mittimus issued upon said convic
tion Is illegal. It is .ordered that
the prisoner be discharged.
CHARLES F. PARSONS,
Judge.
Hilo, Hawaii, May 16th, 1906,
llccorntlon Day Observance.
Captain Petter is moving in the matter
of having Decoration' Day, Wednesday,
Miy 30, fittingly observed. On account
of the absence of a Grand Army post
here, and the fact -that the veterans are
few, in fact there being only two at pres
ent, Company .1) imturally assumes the
duty of arranging for the observance of
the day. A committee, consisting of
Lieut. liters, Sergeant Moorchead, and
Corporal Caceres, has been appoiuted
from the company to procure flowers
and supervise decorating. Capt. Petter
is arranging for church services, which
will probably be held in either the Haili
or Foreigtuhurch. The company follow
the rules laid dowu in the tactics govern
ing Memorial Day ceremonies.
.
Hock Ueer by the bottle, or on draught,
at the Union Suloou,
HAWAII, TUESDAY, MAY
A LKTTEK t'UOM CALIFORNIA.
VUld
Description of Itiiiu Wrought
lly i:artluiinko.
The following interesting letter
was received from Mr. Deacon, a
brother of Mrs. C. C. Kennedy. Mr.
Deacon resides in the Santa Cruz
mountains at an elevation of about
3000 feet above the sea:
Wrights, May 1st.
Dear Folks:
We have had Something like a
shake up: just such a one as we
have read about and thought, a fairy
tale; but this was real. The house
has suffered 110 damage further
than having the chimneys broken
off even with the roof and slung
over the ridge of the roof on the
other side of the house. None of
the houses on the ranch were badly
damaged but nearly all the houses
here were thrown down or so badly
damaged as to render them unin
habitable. The water in my tank
was 8 ft. from the top and the water
was thrownlout of it and the found
ation basin was only half full of
water but that was thrown out up
to the porch and strange to say
neither tank nor foundation basin
was cracked or injured in the least.
Of course everything in the house
was thrown about, nothing lelt
standing except the piano and that
was skating all about the room.
Two-thirds of onr crockery and pre
serves were destroyed, but strange
to say there was not one single
pane of glass or mirror broken, but
people were thrown out of their
beds. I was awake lying on my bed
smoking and I both saw and felt
the whole performance. I saw the
elm trees in front of the house
switch the ground so I thought
ray room was about as safe as any
where, so I stayed there and dressed,
and after I had moved things so that
I could get out and E. could get
in, I came out and saw the darudest
mix-up that a person could con
ceive. Lamps were thrown across
the room and two of them landed in
a chair and each went plum through
the chair bottom. There are no
cracks on my place, but on the
Skyland side the earth is cracked
in a fearful manner; some of the
fissures are from two to three feet
wide, one edge of the gap standing
two or three feet higher than the
other. My wood shed was moved
off its base just three feet but is not
injured in any way. All I have
to do is shove it back again as it
stands nearly level. I have been
putting up chimneys. I got the
one in the kitchen up the third
day after the quake so we could
cook and yesterday I got the one
in the dining-room so I could have
a fire there, as the nights are cool,
but it will" take me at least three,
days to finish the other one. For
tunately we had a barrel of lini&iQn
the place so I could make mortar
and I have developed into a very
fair mason. You see we can get
nothing here as the rail-road is put
out of business and it will be two
weeks before we can get supplies.
The tunnel is condemned and can
not be repaired, so Wrights will be
the terminus. We get our mails
now from Los Gatos and it was four
days before we got news from San
Francisco. There was as severe a
shake in San Francisco as we had
here and the water mains were bro
ken. All or nearly all the brick
buildings were shaken down, and
there being no water the fire had
full swing and made a clean sweep.
There is not even a charred stick
left in the whole butued district,
everything ashes.
The fire made a clean sweep from
the water front to 20th street on
our side of town. Onr old house is
standing but the other side of 20th
street is burned clean, but it crossed
20th the next street above and took
Lehman's house (formerly of Ha
kalau) and followed it up to Geur
rero street, making a clean sweep.
On the other side of town every
thing is swept clean to Van Ness
avenue, und right in the center it
crossed and took out about five
blocks; Spreckels' house was in one
of the blocks. The city is so com
pletely changed that it is a hard
matter to tell just where you are
as there is nothing to go by except
a few prominent laud marks, and
uuless a person is pretty well ac
,aa, 1906,
j
quainted and pretty good on locol
itly could very easily get confused.
J. and J. and the kids are here, and
as we have a large hen factory I
guess we won't starve before sup
plies come along.
It is all bosh about the lower part
of the city sinking; it did not settle
at all, but the made ground in the
Mission between 17th and 19th
streets, where the old Willows
creek was in the early days, has
sunk and twisted in all kinds of
shapes.
We are all well and when things
get straightened out will be all
right I hope. No one seenn to be
despondent; all are cheerful and
look 011 the bright side of things..
Your loving brother,
W. D.
Kuhlo'fl Ulrnts In tho Party.
There are four white candidates
for the delcgateship being promin
ently discussed as rivals of Prince
Cupid for the Republican nomina
tion. They are A. G. M. Robert
son, Representative W. W. Harris,
Senator Lincoln L. McCaudless and
George W. Smith who, in the
capacity of chairman of the Board
of Supervisors, has been given the
title of " first mayor" of Honolulu.
It is considered likely that one of
them will be in nomination before
the convention, with the chances in
favor of Robertson. So far, none
of the four are making any active
campaign, Kuluo being the only
aspirant who has begun a fight.
C C KKNNKOY President.
JOHN T. MOIR-.-nt Vlce-Pren.
II. V. l'ATTU.N 2nd Vlce -
DIRHCTORS:
C. 8. Smith A.I.lmUay Wra. Pullar
John Watt John J. Grace
THE FIRST BANK OF HILOf LIMITED
PEACOCK BLOCK, HILO
Incorporated Under the Laws of the Territory of Hawaii
CAPITAL, $200,000.00
Draw Exchange on Honolulu, San Francisco, New York, Chicago,
London, Hongkong and Yokohama
SAFE DEPOSIT BOXES RENTED
TICULARS ON
IT IS AN OLD ADAGR WHICH SAYS:
"What You Leave at Your Death, Let it be Without
Controversy, Else the Lawyers will be Your Heirs"
Life policies iu favor of wife and children are exempt from the claims
of creditors to n certain amount, and free from the vexatious lefjal de
lavs. It b better to have your wealth in Life Insurance than in any
otiier way no one can contest that.
A GERMANIA LIFE INSURANCE POLICY
Will protect your wife and family, and support them when death has
taken your protection a,nd support away Irom them
HENRY WATERHOUSE TRUST CO., LTD.
Managers Geruiai'ia Life Insurance Co. for Hawaii
H. VICARS Hilo Representative
New Goods..,.
Embroidered Shirt Waist
Patterns
I AllOver Laces
AH0ver Embroideries
Colored Burlaps
L. Turner
tV Vi. JC
MMMMM
But the other four are being dis
cussed. Robertson's strength in the local
party has had something of a boom
during recent days, and 'there is a
lot of strong support for him as a
candidate among the business com
munity. Robertson is national com
mitteeman and chairman of the
Territorial committee and has all
along been understood to be a prob
able candidate this time.
Harris was chairman of the fin
ance committee of the House last
time and made a fine legislative
record. He has since been promin
ent in party affairs and is a strong
candidate.
George W. Smith was brought
foiward in the matter by his record
at Washington, on the commission
which went there to work for the
refunding bill, also by his public
record in county affairs.
Reports from other islands tell of
much Robertson strength. It is.
said that Maui will come to the
convention for him almost solidly.
Judge Kcpoikai, who was reported
to have signed a Kuhio resolution,
denied having having done so and
recently declared himself a sup
porter of the Republican chairman
for delegate. Star.
Furnished Rooms for Kent.
I.aige, nicely furnished rooms opening
on two verandas for rent very reasonable.
Mrs. Wright.
C. A. 8TODIK Cannier.
V. S. I.YMAN -Secretary.
I'rei. and Managing Director
W. It.Shlpmin
BY THE MONTH OR YEAR.
APPLICATION ".
PAR-
Co., Limited
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