Newspaper Page Text
, I ,
ywpfcM"my fif "i ' ij j w
SATUUDAY, JULY 13, 1889.
Btmr Mokolll from Molokni
Stmr I.lkcllke from Maut
Stinr Walnlenlo from Kauai
Htmr Kuala from Wnlnune ami Walalua
Stmr J A Oiumnlna from Kool.iu
Btmr Iwalaul for Lahaltia and Hama-
kua at 8 a m
Bk W B Godtrejr fr San Fianelsco at 0
Scbr Luka for Kobala
Sehr Ilnleakaht for Pcpcekeo
VESSELS LEAVING MONDAY. '
Btmr Kaala for Walalua and Walanue at
0 a in
Schr I.eabi for Kolinlu
Stmr Mokolll for Molokni at S p m
Stmr Jas Hakee for Kapaa at 6 p m
Stmr J A Cummins for Itoolau at 9 a m
From San Francisco,
Anna, at Kuluilul, .Tu
Fiom Kauai, per Walnlcalc, July 13
1 cabin and 2 deck.
From Maul and way poits, per stmr
Llkclikc.July 181 Giunwnld, W H
Ilnlstead, A Fernandez, J Gomes, C E
Colvlllc,E Devauchcllc, Miss Rogers, W
doodahs, J W Covllle, Mrs F L Stoltz,
Miss Crittenden, S AIncauley, A Kana
111111, G A Assoc, Sum Loy, and -13 deck.
. SHIPPIHC HO FES.
ThCeLlkeltko biought this morning,
243 bags sugar, 44 hides, US hogs, 18
hags corn, G pkgs sundries.
Tho W B Godfrey sails this afternoon
for San Francisco with about one
thousand tons of sugar.
The Waialealo brought 1240 bags of
sugar this moinlng from Kaunl.
'1 he schooner Anna ai lived at Kahu
lul July 10th, ilftecn days from San
Francisco rlth merchandise valued at
$10,349, Including G18 ctls bailey, 28
etls wheat, 408 bbls flour, 4 cs salmon,
UG lbs tea, 250 bales hay. ISO lbs coffee,
22 ctls oats, 730 sks bran, 800 lbs to
bacco, 2 m cigarettes and 30 cs canucd
Everything here is terribly dry
and blinding clouds of dust add to
Several mote attempts at burg
lary have been made during the
last two weeks, also one highway
robbery. Two stores, one belong
ing to Mr. Anderson and one to a
widow named Vicente, both in Ma
kawao, were broken into but noth
ing taken ; also at two or three pri
vate houses attempts were made to
enter, but in every case the burg
lars were frightened" off.
The highway robbery was com
mitted on a Portuguese in Maliko
gulctC, Hc was riding down the
gulch about 9 p. in., on Wednesday
night, when he was stood up by
three Chinese, who pulled him off
his horse and beat him about the
head and body, inflicting painful
but not dangerous wounds, and
taking what money he had front
him. After the robbers left he
made his way to Makawao, and
being reinforced by another Portu
guese, started in pursuit of them,
but did not succeed in finding them.
Paia, July 12th. N.
A NATIONAL FLOWER.
A question that is now exciting
widespread interest in America is,
Which shall be the national flower
of America? It is a curious fact that
America has no distinctive national
flower, like the shamrock of Ireland,
the rose of England, or the thistle
of Scotland. The discussion on this
subject was begun in the Boston
Daily Globe May 13, 1888, and
since that time has spread all over
the country, and tho English papers
vcn have taken the matter up. It
-was felt that so important a matter
should surely be left to the free
hoico of tho American people them
selves, but how to arrange for a vote
Las been the peiplexing question.
Mr. Prang, of Christmas card fame,
recently hit upon a novel expedient,
which bo offered as worthy of a.
trial. It is a little book entitled,
"Our National Flower," and a postal
vote is enclosed, ready for mailing,
only requiring to be filled out by the
voter. The polls close December
31st. The leading booksellers and
stationers in the States sell the sou
venir. The two flowers most in fa
vor are tho Mayflower and the
Holden Rod, the latter piobably
having tho call thus far.
FEARING THE RIOT ACT.
Aunt Dinah (down South) Why
didn't yer defince dat colo'ed
preacher what deui whito toughta
was a knockin' about?
Uncle Reuben Wouldn't a done,
Dinah. Me an' de preacher would
a made two an' duy'd a called it
anodder negro uprisin'.
AN EFFICIENT UMPIRE.
The writer, looking for informa
tion on the umpiie question, asked
ope of tho New York players the
other day, "What do you think of
"Oh, he fs rank crazy no
good I" Baid the player.
"Yes, but how does ho compare
with the rest of the League staff?"
vras the next question.
"Well," said tho player, after
careful consideration, "ho is the
b'est of the lot." New York
THE ONLY LIVE PAPER of
Honolulu "The Laly Bulletin."
oO cents per month.
LOCAL & GENERAL NEVS.
"No ruin aB yet on Maui.
No band concert at Emma Square
Divouck cases nro being beard in
the Supreme Court to-day".
Barkbam, match at 3:30 this after
noon, Honolulus vs. Hnwuiis.
Ci:i:am and fruit picB, cream cakes,
and fancy pastry at the Elite to-day.
Thkhe -will bo union ken ice at
fKaumakapili church, Sunday even
The Government flogs v ill bo hoist
ed to-morrow in honor of the French
The ussigneo of tho estate of
Arthur Johnstone, bankrupt, bus a
Mr. Morgan will hold n sale of
real estate on Wednesday at noon.
The Pacific Hardware Co. hao in
their store a very line metal picture
of tho Itevero Rubber Co.'e works.
A m.UB ribbon entertainment will
bo given at tho Y. M. C. A. hall this
evening, commencing at 7 :30 o'clock.
Mit, C. J. Fishel sells boys shirt
waists as low as 35 and CO cents.
Dirt cheap, besides being n sei vice
The Hawaiian Mission Children's
Society meets this evening, at tho
residence of Mr. J. T. Waterhousr,
jr., Nuuanu Valley.
At 0 o'clock Inst eening the juiy
in the case of J. R. Robertson,
charged with assault with a danger
ous woapon, returned a verdict of not
guilty, two dissenting.
At the Central Union church, Sun
day morning, the Rev. W. D. Wcster
vclt will preach on "A diino plan."
The subject of the oening sermon
for young people is, "I will shoy tho
way in which thou shalt go."
At 7 o'clock this ccning, Mr. L.
J. Levey will sell without rescne at
tho storo of Egan & Co., Fort street,
laces, embroideries, boots and shoes,
dress goodB, velvets, hosiery, etc.
Rare chance to obtain bargains.
. . '
A musical and dramatic entertain
ment will bo given by the pupils at
St. Louis College, Thursday evening,
July 25th, at 7 :30 o'clock. Admis
sion 50 cents, reserved seats $1.
Tickets can be secured at the College
or through any of tho pupils.
On Tuesday next from 2 to 7
o'clock p. m., tho St. Andrew's Sew
ing Society will hold a sale of fancy
work and children's clothing in tho
Sunday school room. The proceeds
will be devoted to the Cathedral
building fund. Refreshments will be
served. Admission twenty-fivo cents.
EVENTS THIS EVENING.
Blue Ribbon entertainment, at Y.
M. C. A., at 7:30 o'clock p. m.
Hawaiian Mission Children's So
ciety, at residence of J. T. Water
house, jr., at 7:30.
Section No. 225 Endowment rank
K. of P., at 7:30.
Anniversary of the f.ill of the
bastile. Reception at residence of
Mons. d'Anglade, French Commis
sioner, from 3 to o o'clock p. in.
A FRENCH ANNIVERSARY.
Next Sunday, July 14th, is the
one hundredth anniversary of the fall
of the Bastile. Mons. G. G. B.
d'Anglade, French Commissioner
and Consul, will be at home from
three to five o'clock in the afternoon
of that day.
BLUE RIBBON LEAGUE.
A Blue Ribbon entertainment will
be given in the Y. M. C. A,. Hall on
this evening at 7:30 o'clock.
Seats free, and everybody welcome.
The programme will be as follows :
Piano Solo Miss B B Ganiat d
Reading Mr. J N. Kcola
Song Mr. Arthur Tibbs
Recitation Master Charlie 1 lytic
rjf J Miss Mabel Rhodes
uuet Miss Doia Dowsett
Address Mr. S. D. Fuller
SALE OF SHARES.
On Monday at noon, Mr. Lewis
J. Levey will hold an important sale
of shares at his salesrooms. On
that occasion lie will offer 1000
shares Hawaiian Tramways Co.
stock, 60 Olowalu Sugar Co., 10 Ho
aomu Sugar Co. and 0 of People's
Ice nnd Refrigerating Co. There
is no doubt there will be a large at
tendance on this occasion.
ARE THEY STOLEN CHICKENS ?
About two o'clock this raornlpg a
Chinaman was stopped on tho street
by tho police, for tho purpose of
having the contents of u suspicious
bag wmcti no was carrying ex-.
atnincd. It was found to contain
chickens and as he gave no satis
factory answer as to where he got
them from ho was taken to the Sta
tion House. The chickeus uro
there nnd any person who has lost
any recently should call and see if
there aic any belonging to them.
Satuudav, July 13th.
Bon Tenorio pleaded guilty to
drunkenness and was fined 5 and
Tho same person for assault and
battery on Ah Qua! and Ah Hoy was
lcuiundod to the 15th.
THE NOLLE PROSEQUI CASE,
" The question raised by the ex
ceptions thus resolves itself into the
single inquiry whether, after an in
dictmcnTt has been found and re
turned into Court, and before any
proceedings have beon had thereon,
the nttoi ney for the Government has
authority to enter n nolle prosequi
or the indictment. We can hardly
deem this an open question. The
exercise of such nil authority is not
only in conformity to the ancient
nud uniform practice of the courts
of this Commonwealth, but it has
been distinctly recognized by this
Court ns being reasonable and proper
and not inconsistent with the legal
rights of'the defendant."
Commonwealth vs. Tuck 20 Pick
Commonwealth vs. Wheeler 2
" In the latter case it is expressly
stated by the Court that it is per
fectly clear Hint u nollo prosequi
may be entered at the pleasure of
the prosecuting officer before a jury
is impanelled. The reasons for the
practice oie there stated, and they
are numerous and decisive. Nor can
we see that there are any valid ob
jections to it. Such a mode of dis
posing of an indictment cannot in any
way impair or affect the rights of the
accused party in auy future prose
cutions for the same offense. That
it will not be resorted to capriciously
6r oppressively, so as to woik any
undue hardships on defendants, is
sufilcicntly guarded against by in
ti listing the exercise of the power to
the sound discretion of an officer of
the Government, whoso function it
is to watch over and direct the course
of criminal prosecutions, and who
can have no motive to use the au
thority vested in him in manner in
consistent with a due tcgard to the
rights and interests of all parties."
Commonwealth vs. Smith 98 Mass.
Cockburn, C. J. "It is the un
doubted right and power of the Attorney-General,
ns the representa
tive of the Crown in matters of crim
inal law, to enter a nolle prosequi,
and thereby at once to stay pro
ceedings in a criminal suit of inform
ation, and no instance has been cited,
noi can any be found, in which the
Court, after a nolle prosequi had
been entered by the Attorney-General,
has taken upon itself to direct
such proceedings to bo prosecuted.
Even if this Court should do so,
there is nothing to prevent the Attorney-General
from entering a nolle
prosequi toties quoties."
"It is not for this Court to create
n precedent of this sort where none
before existed a precedent con
traiy to the understanding of the
profession and one that would be
fraught with public mischief. Un
der ordinary circumstances, no
doubt the Attorney-General would
act wisely in calling the prosecutors
before him befoie he proceeded to
enter a nolle prosequi, but there
may be particular cases in which,
from the knowledge of the facts, or
the particular nature of the charge,
the Attorney-General might think it
necessary to enter a nolle prosequi
without adopting that course. It
can not be contended for one mo
ment that there can have been any
abuae exercised, by one whose func
tions are of such highly responsible
character ; but if there had been
and I only put it Irypothctieally
the remedy Is not by an application
to this Court to interfere by the ex
ercise of its undoubted power nnd
prerogative, but to hold him respon
sible before the Hight Com t of Par
liament. I am not at all disposed
to establish a precedent in such a
case, and I think therefore there
should be no rule."
Crompton, J. "I am of the same
opinion. I think we have no power
to do what is now asked of us, and I
think we ought not to interfere with
the undoubted power of the Crown
vested in tho Attoiney-Gencral.
There is nothing in the piesent case
to take it out of tho general rule. I
think the Attorney-General can in
terfere in any public prosecution
whenever he pleases, and all the
cases referred to are cleat ly disting
uishable fiom sucli one as this."
Blaskburn, J. "I am of the same
opinion. This particular branch of
the prerogative is entrusted to the
Attorney-General who on his own
responsibility determines whether
the prosecution shall go on or not.
"Mellor, J., concurred."
Reg. vs. Allen, 0 Cox C. C. 122.
"The following is related of Sir
John Holt, Chief Justice of the K.B.,
in the reigns of William and Anne.
There were some persons in Loudon
who pretended to possess the power
t foretelling futuro eveuts, and who
were culled tnc trenen propnets.
Holt having upon occasion commit
ted one of these to prison, a disciple
of his came to the Chief Justice's
house and dcsiicd to sec him."
"On being admitted, he said: ' I
corao from the Lord, who bade me
desire thee to grant a nolle prosequi
for John Atkins, his servant, whsin
thou hast cast into prison.' 'Thou
art a false prophet and lying knave,'
relumed the Chief Justice. ' If tho
Lord had sent theo it would have
been to tho Attorney-General; for
the Lord knoweth that It is not in my
power to grant a nollo prosequi."'
"In People vs. McLcod, 1 Hill
405", note f.
"And, without prejudice to any
such fresh prosecution, the Attorney
fnr the Slate may nolle pi os. ; that
is, discontinue an indictment, at any
time after it is found, previous to
the moment when, tho defendant
JiULLiSTlI ; HONOLULU, H 1,
having pleaded, "that is, made nn
swei to it, a traverse jury is impan
elled and swoin to try the cause."
1 Bishop Cr. Law, sec. 7, 88C.
"A nolle prosequi is theluiitory
withdrawal by tho prosecuting au
thority of present proceedings on n
particular bill, nnd a common law is
a prerogative incident to the sover
eign. It may at common law be en
tered nt any time before judgment,
and the practica Is usual during trial
or after conviction to enter it Upon
objectionable counts, or parts of
counts, so as to confine the verdict
to those which nrc good. Courts
have, It is true, frequently held that
the prerogative is one subject to
their control, while the case is on
trial, and that the Attorney-General
hns no right, nfter tho jury is im
panelled and witnesses called, to
withdraw the case w ithout their sanc
tion." Wharton Cr. Pr. & PI.
"It is scarcely necessary for the
Court to disclaim all pretensions to
such a jurisdiction. An extrava
gance so absurd and excessive could
not have been entertained for a. mo
ment. The province of the Court is,
solely to decide on the rights of in
dividuals, not enquire how the ex
ecutive or executive officers pcrfoim
duties in which they have a discre
tion. Investigations in their nature
political, or which are by the Con
stitution and laws submitted to the
executive can never be made in this
Marbary vs. Madison, 1 Cranch
"Also the King's Attornej'-Gcn-cral
may enter a nolle piosequi
which lias the effect of a nonsuit to
any information or action brought
by the King only."
3 Bac. Abr. tit. Prerogative, p. 102.
"After indictment found, and tin
til trial commences, the District At
torney's authority may be said to be
absolute. Ho can then abandon the
prosecution at his pleasure. He can
enter a nolle prosequi cveu without
the consent of the Court."
Per Field, J., in U. S. vs. Schu
man. U. S. Cir. Court for Cal., 7 Saw
EXTRA Fine Cream
nnd Fruit Pics, Cream
Cukes and Fancy Pustrv
fresh to-dav at I hu "Elilc'
TX7HAT is tho use of
TT cents, 1 and $1.25
Shirt Waists, when you can buy just ns
good a Waist for only 35 cents mid 50
cents, at Chas. J. Fishcl's Leading Milli
nery Reuse. 2!)S 3t
ON account of tho Stcnmer "Kinsu"
going on the Marinu Railway, sliu
will arrive in Honolulu en Sunday,
.Inly 28th, instead of Wednesday, July
WILDER'S S. S. CO.
Honolulu, July 18, 1880. 208 lw
NOTICE is hereby given that at a
special meeting of the stockholders
ef tho Hawaiian Carringo Manufactur
ing Company, held this day, the rcsig
nauons of G. West, President; W. W.
Wright, Vice-President; and O. Bolte,
Treasurer; were accepted, and tho fol
lowing olUccrs wero elected to fill the
B. F. Dillingham President,
George Dillingham Treasurer.
All of whom reside in Honolulu, and all
of whom accepted otllcc.
W. O. SMITH,
Hccrcinry U. C. M. Co.
Honolulu, July 11, 18S9. 208 3t
NOTICE is hereby given that at a
meeting of tho stockholders of the
Hawaiian Carriage Manufacturing Com
pany, hold this day, it was voted to ac
cept the amendment of tho Charter of
Incorporation whereby tho capital stock
of the company is roduced to $45,000.
And It was fuitliei voted, that all stock
holders of tho company be requested to
present to the secretary tho certificates
of stock hold by them, for tho purpose of
cancellation and issue of new certifi
cates. W. O. SMITH,
Secretary H. C. M. Co.
Honolulu, July 11, 1881. 208 3t
NOTICE to CKEDITORS.
THE undersigned gives uotico that
he has been appointed Executor
of tho Will of Mrs. Margaret Keegan,
deceased. All persons having any claims
against her estate whether secured by
mortgage or otherwise, are requested to
preaent the same duly authenticated and
with proper vouchers If any exist to
him at Ida olllco on Fort strict, in Hono-
lulu, within six months from da to or
thoy will bo forever barred; nad all
persons Indebted to said estato aro re
quested to muko immediate puymont
Honolulu, July 10, Wi. 297 Im
THE 'Emerson Homestead,"
beautifully situated in
Walalua, Oahu, H. I., com
a large house with 10 rooms,
kitchen, pantry, barn, etc.. 11 acres of
choice land now partly in taro aud other
vegetables, and a rich pasture of U
acres within half a mile. Pure water is
brought to tho house and grounds from
never failing springs, tho supply of
which can be indefinitely Increased in
quantity. There is a good carriage road
to Honolulu, 28 miles distant, also to tho
steam boat landing, less than half a
mile distant, whero steamers from tho
city touch three times u week. The pic
turesque scenery, fine climate nnd mi.
rivalled water prlvilcgo make this a'
most dcBlrablo place for a country re
treat and sanitarium. Terms moderate.
For further Information apply to
J. A. MAGOON,
257 tf Honolulu.
JULY 13, 188i,
at ntm.' " ! w
Extra Trips on Saturday and Sunday.
Lllilm Blrcct to Utile Itangc. 1:15
M. nnd cery ,f hour until 0:45 r. M.
llille Hango to Liliha Street 12:42
and every Jf hour until 0:12 v. m.
ESTOn and after MONDAY next, the
15th July, a Car will leoc Waiklki
every morning except Sunday, at 0:0".
in Quantities to Suit.
A LOW PRICE 1
WILDER Ac Co.
An Evening" School
Conducted by A. V. GEAR, A. B.
rpniS School fuinUlios a thorough and
JL practical intellittunl training for
young men desirous of becoming accu
rate and rapid accountants; of attaining
a plain und ready business hand; of
gaining n correct uec of tho English
langungc and of acquiring caic of ex
prcsslon therein. It meets Mondays,
iiti-rut.j?, iiiuioiiuj'n unit fiuiiiyB ami
continues In session from seven to nine
For further information, address P. O.
Box 404, or call nt No. 3 Emma Square
NOTICE to CREDITORS.
NOTICE Is hereby given to all per.
sons having rjalms ngainst tho
estate of A. Kaunm, deceased, to present
the same to tho undersigned executors,
wlthlu six months from the date of this
notice or they will bo forever barred.
IS. H. BAILEY,
Wailuku, Maul, Juno 1, 1880. 272 lm
ANEW Wilcox ft White Parlor
Organ with eight stops. Suitable
for school or church. A fine instru
ment. Apply at 57 Punchbowl street,
opposite N. P. Mission Institute. 273 If
Stables & Pasturage To Let.
EXCELLENT Stables con
taining 13 Stalls, Cottngo
and 7 acres Pasture Land, on
bouth street, near King, formerly occu
pied by Mr, White, proprietor of the
Palama Bus. To lot on cry moderate
terras. Apply to
J. E. BROWN & CO.,
255 tf 28 Mci chant street.
3 COTTAGES nnd Premises
on Emma street, at a rea-
I sonablo figure. Apply to
J. M. MONSAHRAT,
Cartwright's Block, Merchant dt.
STORE TO LET
nIIE Store lately occupied
JL by L C. Rowc, Way's
Block, Kinir slrei t. at reason-
rental. Possession Kieii at once.
J. G. ROTH WELL.
FOR SALE or LEASE
TJOUsE and Premises at
contains three I irgu and two
small rooms and hall and a large attic.
Cottage with three roomB on tho pre
mises; cook and bath-housu. Stable
with three stalls and carriage house;
shade and fruit trco on the premUcs.
Apply to J. M. MONSARRAT,
Cirtwrlght's Block, Merchant fct.
Cottago on Mer
street, near Ala-
CONVENIENT Rooms for
business offices or lodg
ing apartments on the second
tloorovcr the fruit storo on Kinc street,
this city, "Globo Hotel Premises." In.
quire at the fruit store.
205 12t AH CHEW.
URNISHED Rooms to lot,
southwest corner of
unchbowl and Bcrrtanla
streets, would bo very convenient for a
small l a tuny. zo& um
ELEUANT Ilesidenco in
1'uuoa Vulley, known as
tho "Booth Premises." Con.
tains largo rooms, parlor, dining and
four bed rooms, closets and modern im
provements and conveniences; out
houses and pasture. For further parti
culars apply to
J. E. BROWN & CO.,
203 lm -8 Merchant street.
Carriage For Sale Cheap.
1 NEW Cutundcr Car.
JL rlage just finished
and handsomely trimmed
In first class stylo must he immediately
sold to closo an assignment, can bo seen
at W. II. Page's cirrlago manufactury,
No. 128 Fort street.
HAWAIIAN BUSINESS AGENCY.
Tramways wAi rrmmf. M.
" I EifirLE' yr
ftrt W wammm
mw wff-W wuuiiwt jwrajwoginwo
CORNER HOTEL &
over MHJ news oi White racy i
A rv A A it n I1TI
Torchong Laces, Oriental Laces.
Also, Large Lines of Lace Trimmings f
WILL BE CLOSED OUT AT AN .
83? Immense DKLedUiotion 1
Great Bargains can be obtained by calling nt the Teniplo of Fashion for the
The Sale will Commence Monday, June 17.
75 & 77 Fort SU-EGAN
Great Inducements Offered to the Public
The Balance ol Our Splendid Stock will bo
Sold during the Month ol Juno
AT -125- PER - CEWT - BELOW - COST
HOLLISTER & CO.,
101) fc'OKT STREET, HONOLULU.
Mm y iW
The Manufacturers' Shoe Go.
88 & SO
Wholesale & Retail Boots & Shoes.
Correct Styles j0 Latest
B. I EIIEES & CO.
EUROPEAN and AMERICAN
DRY and FANCY GOODS !
N. I). On and alter May
ol our Dressmaking Rooms.
li n II
t-i i i v Jlr'ttl,
Corner Hotel & Fort Streets. .
& CO Honolulu, H. I.
THAX JBVEK tea:-
15th, MISS CLARK will have ekarg
$Mh. &At& .
t .- -V