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'MIT tlrlSi rrteiawtrtaa
Blacksmith Woiic :
79 k 81 Kim Street
JSiilvuiiveH Irom JCliiff
Every description of work in Hie above lines )erformctl In n tlrst-clats manner.
Also, Horse Shoeing a Specialty.
tS5 Bell Telephone, 107. "ten
CHAS. HUSTACE, GROCER,
King Street, between Fort and Alakea Streets,
HAS ItECEIVED, TEU AUSTRALIA,
Smoked Salmon, Smoked Ilnlltmt, llnms, Bacon, Block Codfish, Kits and tins Sal.
mon Hollies, kegs Butter, Gila Cheese, kegs Pickles, kegs Pig Pork, Table Kai.
Ins, Figs, Almouds, 'Walnuts, Bplccd Beef, Bonrd Chicken, Lunch Tongues, Chip
ped Beef, cases Oysters, Surdinc, Sen Foam Crackers, Flour, Bran, 'Wheat, Oats,
White Castile Soap, Granulated Sugar, Cube Sugar, Powdered Sugar, Gcrmca,
Breakfast Germ, Choice Tens, French Peas, etc. Also,
" Good Night " and Palace
market rates and Satisfaction Guaranteed.
Practical Confectioner, Fancy
RESPECTFULLY Informs the Public of Honolulu and the Islands generally
that he intemlsjto furnish, as so.on as the needed appliances' arrive, nil the
Different Creams, Fruit and Water Ices
practically known to him. Having made a contract with the Woodlawn Dairy for
a constant supply of their celebrated Crcaw, will supply hit customers with more
than fifty different kinds Fancy Creams, Tootie Fruity, Souffles and many more
too numerous to mention here, all ot which he has had practical experience with
at the Imperial Courts of Vienna and the Hoyal Confectionery of Bavaria. All
steam.power-mado articles in this line are far superior to any hand-made.
Proprietor Pioneer Steam Candy Factory and Ornamental Confectioner.
FACTO KY AND STOKE No.'71 Hotel street, between Fort and Nnuanu Sts.
Both Telephones, No. 74. .
P. S- Special arrangements made regarding Prices for large orders, which it
will be impossible for any one else to compete with.
g 00 100
O 75 100
Haw'n Oarri nfje Man f 'g',Co. ,
E. O. Hall & Son,
Inter-Island S. N. Co.,
Haw'n Agricultural Co.,
"Wilder's Steamship Co.,
C. Brewer & Co.,
"Wailuku Sugar Co.,
Reciprocity Sugar Co.,
L. A. TnURSTON,;Stock Brokei.
38 Merchant Street. 151 ly
FIRE, FIRE !
HAVING been obliged (on short
notice by the above clement) to
move to some other quarters, we -would
therefore notify our patrons, and all
those that wish us well, that we are now
67 and 69 Hotel Street,
where we shall be prepared to fill all
Groceries & Provisions,
alpu, in the Feed line, as
Hay and Grain.
Orders solicited, prompt attention and
lair prices guaranteed.
g&" Be'l Telephone 349, Mutual Tele
The White House,
No. US Nuuunu Street,
Private Family Hotel,
Terms Reasonable. Fiist-Class
MRS. J. VIERRA, Proprietress.
C. K. MILLER,
General Business & Purchasing flgonl.
42 Hereto! SUoioMfl.
My most faithful intention will ho
given for tho
Purchase ot Merchandise
In Honolulu for tnu residents of tho
80 1 several Islands ot thh group, ly
fiTttmmmtriri in 1 HMTiTinl iIimi1ii
Old Rose Premises,
mill Morehunt bsiH.
1ST Hell Telephone, 107.
Brands Kerosene Oil.
EST P. O. Box 873;
Pa'stry Cook and Ornamentor.
Wine and Spirit
23 Nuuanu Si.. Honolulu.
Sole Importers of
B. Lachman & Co.'s California Wines,
John Exchaw's No. 1 Brandy,
J. Pellison's 7 and lOycar.old Brandy,3
J. J. Melchcr's "Elephant" Gin, "
H. W. SMITH CO.'fl
"TMstle Dei" WMsKey,
Coalcs & Co.'s "Plymouth" Gin, etc.
A VVhh UN OK TIIK
Most Favorite Brands
Ales, Beers, Wines,
BI'IIIITS, LIQUKUnB, ETC.,
constantly on hund and for sale at the
Orders filled promptly und all Goods
P. 0. Box 302.
Both Tel., No. 40.
rrUIE nndcisigncd, having this day
JL leased to GEOKGE OAVANAGII,
of Honolulu, tho Honolulu Steam Laun
dry, notice is hereby given that tho said
Georgu Cavanagh nlouo Is responsible
for all debts contracted by tho said
George Oavanagh for tho said Laundry
from and after this date.
W. O. PARKE,
Aislguee of J. P. McLaughlin.
Honolulu, June 17, 1880. CO
TUESDAY, JULY 20, 1880.
mxTY-rouiiTii ha". costinukd.
Monday, July lfJtli.
lion. Mr. Bishop, from the Com
mittee on Education, presented the
following report :
lion. J. S. Walker, President
Legislative Assembly Sir : The
Committee on Education, to whom
was referred an Act "to provide for
the appointment of Hawaiian youths
in the Bureau of Government," in
troduced by the Hon. Jesse Amara,
have considered the said Act and re
port as follows: The work
now bting done in the Bureau
of Surveying is important
and often difficult, requiring the
crcatest care and exactitude, in
which inexpeiicnced young men
could not be entrusted to take a
part. The Surveyor General and
his assistants could not give their
time to instructing youths without
detriment to the work which is now
pressing upon them, and unem
ployed young men in such an office
would be an annoyance to those who
might be at woik, and their
idleness would be damaging to
themselves. The Surveyor Gen
eral is quite disposed to employ
home talent in preference to send
intr abroad for strangers of Whose
qualifications and fitness he has no
guaranty; and if tho light kind of
young Hawaiians can be found to
work in the office or in the field, no
doubt ho will give them a chance,
and no special law is required to
authorize him or the Minister of the
Interior to do so. Young men
who wish to become first-class sur
veyors should not only learn tha
higher mathematics in school, but
should there study surveying also,
and then if they are ambitious and
conscientious they will be secure of
employment. Believing the pro
posed Act to be impracticable and
unnecessary, we recommend the
Assembly to lay it upon the table.
Chas. It. Bishop,
L. A. TnuitsTOX,
S. W. Kaai.
The report of the committee, on
motion of Hon. Mr. Clcghon, was
Rep. Pallia, on suspension of the
rules read a report signed by six
membeis of the committee of thir
teen on the Police of the Kingdom.
Hep. Brown said the report just
read had been handed to him just as
it was about to be presented. Had
attended no meetings of the com
mittee as he never had received any
notification of the meetings. He
observed that the committee had
added $40,840 to the amount asked
for by the Attorney-General, and
submitted in the Appropriation
Bill. The total sum asked was
$177,522, while the committee's re
port asks for 218,300. lie objected
to tho manner in which the pay of
sheriffs and deputy sheriffs, in the
Island of Oahu is proposed to be
distributed, and showed that the
pay of deputy sheriffs and police is
out of proportion to the population
and extent ot districts. He disap
proved of the house saying what each
policeman shall receive. That mat
ter should be settled by the Marshal
and Deputy Marshal.
Rep. Dole said the honorable
member for Koolauloa was more for
tunate than lie had been, for the re
port had not even been shown to
him. He noticed that the commit
tee had gone over to the appropriation
hill of last session, and whenever a
member of this Assembly was found
to be a deputy-sheriff, his pay was
Rep. Dickey said he had received
notice of only one meeting of com
mittee, when the matter referring to
William Tell was under considera
tion, and called attention to the fact
that the report before tho house was
but a minority report, being signed
by only six out of thirteen members.
Rep. Keau was in favor of receiv
ing the report and laying it on tho
table, A motion to lay on the table
Dep. Dole presented tho report of
tho committee on various bills relat
ing to spirituous liquors, 1, An act
to amend sec. 517 ait. 15, Civil Code,
and 2, An act amendatory of sec.
2, chap. 28, Session Laws of 1878,
relating to import- duties on wines.
Recommended that both bills pass tp
engrossment. Adopted, and third
reading appointed for Thursday
Rep. Dole, on suspension of the
rules, presented a petition from one
Wainlealc, praying that the sum of
910 be returned him for taxes paid
twice. Referred to Finance Com
mittee. At 11 j50 tho house adjourned un
til 1 :t)0 o'clock.
house resumed at
The President announced the fol
lowing communication from the Jus
tices of the iSupremaJourt;
Dl'.l'AKTMr.NT OF TIIK JUDICIAltY, )
July 19, 188C. j
Hon. J. S. Walkkii, President of
the Legislative Assembly Sin: We,
the Justices of the Supromo Court,
had tho honor to receive on the 15th
instant your communication, pre
sumably of that date, with the fol
(1.) Copy of resolution, to wit;
"That the opinion of the Judges of
tho Supremo Court bb asked as to
the constitutionality or not of the
law to impose a special tax on
Chinese before this Assembly takes
action on it."
(2.) Copy of tho bill in ques
(!1.) Rcpoit of the select commit
tco lo which said bill was referred.
The demand made for an opinion
by the honorable Assembly must be
considered to be made under Article
70 of the Constitution, which pro
vides that the Legislative Assembly
shall have the authority to require
the opinions of the Justices of the
Supieme Court upon important
questions of law.
Wc respectfully stbmit the fol
lowing considerations for tho basis
of our opinion:
The subject upon the constitu
tionality of which we are asked to
pass is not a law but a proposed
bill. It is liable to amendment,
and our opinion of tho constitution
ality would not apply to the act or
statute amended, for it would not
be the thing which we had passed
Secondly If we should now ex
press our opinion that the proposed
act is constitutional, and it should
be enacted and become law, wc
could not as a Court feel bound by
such opinion if in a case before
the Court the question should be
raised. In the language of section
824 of the Civil Code, the Supreme
Court shall have the power to de
clare null und void any law which
may, upon mature uenueration, ap
pear contrary to the Constitution.
Law is established in Courts only by
the consideration of actual cases.
It is considered necessary that both
sides should be heard. No determ
ination is considered satisfactory
unless made upon a full discussion
of reason and other decided cases,
as presented by competent counsel
presenting all sides and interests.
Even if the Court had made a de
termination or ruling on a point of
law, or upon so grave a matter as
the constitutionality of a statute, if
it should afterwards b made to ap
pear that the case had not been fully
presented and decided upon all
reason and authority, the Court
would permit the reopening of the
question. All this is involved in
the phrase "mature deliberation"
and in the duty of Judges as inter
preters of the law and conservators
of the rights of men.
The law herein proposed would
gravely affect the rights of pro
perty, and even the personal liberty
of a great number of the residents
of the Kingdom. It seems to us
that it presents a strong illustration
of the impiopiiety and injustice of
the Supreme Court's binding itself
by an opinion given to the Legisla
ture on a proposed bill.
We trust that these reasons will
support, in the view of your honor
able body, our declining now to
give an opinion pronouncing the bill
to be cither coustitutipnal or not
But as showing that we have not
been inclined to avoid a considera
tion of the matter submitted, we
beg leave, while the bill is in our
hands, to mention some things we
observe in it.
The title is an Act to tax Chinese
residents and Chinese arriving in
this Kingdom (1) for the support
and maintenance of indigent and in
firm Chinese, and (2) for the return
to their homes of such Chinese who
may be permanently disabled from
working, and of Chinese vagrants ;
but for the second purpose of the.
Act, the return to their home of
the disabled and the ragrants, we
find no provision made in the Act
By article 77 of the Constitution,
every law shall erabraco but one
object and that shall be expressed
in its title. Here the title expresses
an object not embraced in the Act,
namely, the important power of
deporting people from this Kingdom.
Again, the title adds, to the class
indigent and infirm, described in the
first part of it, in the second part
another class, viz.: Chine.se vag
rants. These arc nowhere men
tioned in the Act.
If tho Chinese Benevolent Society
should, after the passage of this
Act, undertake to deport indigent,
infirm or vagrant Chinese, they
would probably be found to bo pro
ceeding on an unconstitutional law ;
or, as it is not in the Act, let us say
no law at all. Our present statutes
provide for cases of vagrancy, (see
chapter H7 l'enal Code. J
Is it intended by the title to
depute to. a Chinese corporation the
power to determine tho question of
vagrancy and make tho penalty for
conviction banishment '(
We might also remark that the
phrase " return to their homo "
might lead to a question as to where
the " home " might be.
Passing to the preamble, wo ven
ture to express our disbelief in the
statement that a largo class of Chi
nese " are becoming a charge upon
the public," in the sense in which
the phrase can lie employed in a
statute. Wo do not believe they
can bo shown to be a charge on any
public fund. Thoy do not burden
the hospitals, tho Leper Settlement,
nor any public institutions. In our
prisons they are self-supporting.
The preamble in tho third clause
declares that it is expedient in viow
of their social and Industrial rela
tions that the afore-mentioned class
of Chinese should he cared for and
maintained by residents and other
persons of their own race. Says
Dwairis in the interpretation of sta
tutes; " Tho preamble is entitled to
i ti jytrti mwwiw
great consideration. It Is that in
troductory statement to which both
reason and authority point for ascer
taining tho intention of the enact
ment." Wo submit that tho phrase
especially, " in viow of their social
nnd industrial relations," is a vngtic
generality to which the Courts could
give no definite meaning.
Passing to tho Act itself, wo find
that tho receipts of assessment made
by law, and compulsory, mo to bo
paid to a ceitain Chinese society.
The charter of thnt society, it is
known to us, inhibits them from
making or receiving involuntary
assessments upon their countrymen.
By this Acl they arc bound to re
ceive a forced assessment, in viola
tion of tho tonus of their charter,
under penalty of forefcituro if they
do not suppott their countrymen
Section 7 provides for a sworn re
port of the expenditure, as well as
of tho amount which ho has received
from tho Government, but there is
no provision for a possible surplus.
The penalty for lefusal or neglect
to pay this tax is a fine, which mny
be .ten dollars and imprisonment up
to twenty days. This is a great
penalty for a default of one dollar,
and is not consistent with tho penal
ties for the default of other taxes.
The purpose of the Act would
seem lo oo a special poor rate im
posed on one class of residents and
passengeis arriving in the Kingdom
and to bo expended by a designated
society on a special description of
We will go so far as to say that
the gravest doubts nrise as to such
an Act being constitutional, and
that this would not fail to strike
every mind if this wcio an Act im
posing such a tax on English, Ger
man, or American residents and pas
sengers respectively, giving some
relief society the power to dispose
of tlits same, nnd appnicntly a power
to depot t and exile fiom tiie King
dom such of their covntrymen as
they considered indigent, infirm or
We herewith return the oi iginal
bill nnd repoit of the committee.
We have the honor to subscribe
ourselves your vciy obedient ser
vants. A. F. Judd,
Rep. Ralua moved that the com
munication bo received and laid up
on the table and considuied with tho
Rep. P.ihia moved it be printed.
Minister Daie thought it not
necessary to have the communica
Rep. Hole Paid tiie main object
was to have the opinion of tho
Supreme Court on tho constitution
ality of the bill. They havo refused
to give an opinion and there is no
particular importance in their an
swer. Wc know no more now than
we did before on the particular
point of the bill. lie thought the
Judiciary by the Constitution was
fully authoiized in giving the House
a preliminaiy opinion on a bill which
had not yet become law. Ho thought
it was not necessary to havo it
Rep. Brown said ho had heard the
communication read through and
was no wiser than he was before it
(Pontinueil on page 2. )
Ever issued in the Hawaiian
A Complete Record
with vorbatim Reports of Speeches
will be issued from the
At the close of the Session, and will
consist of tho reports published
from day to day in the Iluu.i:
tin, with corrections, whero neces
sary. The Bumxtin Keports are
STRICTLY IMPARTIAL and are
TIIE ONLY PHONOGRAPHIC
which have been taken.
AST Tho Edition will bo limited,
and orders should be sent to the
BuMxm Olllco without delay. All
orders received in time 111 he iilletl
as hoou as the book is published.
anr.n .wmjiii, m m Mirimnw.MapT
H. E. McIRfTYRE & BRO.,
IMPORTERS AND DEALERS IN
Groceries, Provisions and Feed, '
EAST CORNER PORT AND KING STIU'KTS.
Now Goods lccolvrd by oveiy Packet fiom tho 1'Vtcrn Stales and JEuropo
Fresh California Produce-by every Steamer. All orders faithfully attended to.
and Goods delivered to any part of the city free of chntc. Inland orders poll
cited. Satisfaction guarantied. Tost Ofllco Box 145. Telephone No. 03. 108 ly
P. O. Box U07.
LEWIS & CO., GROCERS,
111 JPoi-t ytveet,
Importers & Dealers in Staple & Fancy Groceries.
Now Goods continually on the wny. Just received Kegs Saner Kxut. kogs Hol
land Het lings, kegs Tiipc, kegs German Pickles, kegs Mixed Ficklc3, kits
Salmon Uullies, kits .Mackerel, kegs Family Pork, kegs Corned Ucef. For
Breakfast- Whlto Out", Gennca; Breakfast Gem and Shrcdcd Maize. Also, a
lino lot of Now Zealand and Portland l'e.ichblow Potatoes always on hand.
The very best of ISLAND BUTTER, plenty for everybody.
Prices low mwl SntisiV.ctioii Gnurniitcccl.
(Formerly with Samuel Nott).
Importer rimI Xcajei in.
STOVES, CHANDELIERS, LAMPS,
OROOKERY, GLASSWARE, HOUSE FURNISHING HARDWARE,
AGATE IRON AND TINWARE.
Agent HalFs Safe and Lock Company.
Beaver Block, - Fort Street.
13 Store formerly occupiu'l by S. NOTP, opj ositc Sprcckcls & Co.'s Bank.
A Large and Elegant Stook of Jlisscs and Children's Spring Heel Shoes of all
sizes. Also, a Splendid Slock of
Cents' and Boys' Boots and Shoes.
. SjiSy 1
Corner of Fort & Merchant Streets,
Has just opened out a largo and carefully selected stock of
Gent's Fine Furnishing Goods,
Custom-Mado Clothing, and Hats and Caps
In all l Latest Styles aid Pattens.
EST Particular attention is called to an elegant-line of Gent's jflcckweir.
JOHN NOTT, 1
Granite, Iron and Tin Ware !
Chandeliers, Lamps and Lanterns,
WATER PIPE and RUBBER HOSE,
House Keeping Goods,
PLUMBING, TIN, COPPER AND
993 SHEET IRON WORK.
npilE undersigned hereby civet notice
JL that he has purchased from Mr.
W. W. Wright all of tho said W.W.
Wright's inttiest in the firm of Whit
man & Wright, nnd no reotipts or obll.
gutions on behalf ot the said linn will,
from this dute, be valid except signed
by 8. 31. WHITMAN.
Honolulu, Juno 28, 1680. CO
8 Miiai Street
. $50 REWARD.
SOJ1E person or persons unknown,
camu into my front lawn last night,
maliciously pulled up and carried away
bIx of my younir cypress trees. Anyone
giving information that will lead to the
conviction of tho guilty party or parties
will be paid tho above icwaid.
80 N. F. HUHGESS.
. Aw iiA-x.
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