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GOKNEK HOTEL &
Having removed our SODA WORKS to more commodious quarters at
IVo. 29 ir"OJRrJ? STK.EET,
(Near the Custom House)
We are uow prepared to furnish at short notice, and of prime quality, any
of the fallowing High (Mass Aerated Beverages :
Plain, Sweet, Lemon
Using exclusively the HYATT
HOLLISTER & CO,
Ulmond JBloclt," Nos.
Chandeliers, Lamps and Lanterns,
WATER PIPE and RUBBER HOSE,
House Keeping Goods,
PLUMBING, TIN, COPPER AND
3 Sheet Iron Work.
CASTLE & COOKE,
Shipping & Commission Merchants,
PLANTATION & INSURANCE AGKNTH,
.Builders' autl General Hardware, Agricultural implements,
Irtrpttntom', HlaoVHmltlm', MnnliiulHt & IMiimlmiV Tools,
imWSE FURNISHING QODS I
Kltolmn IJlmmlU, JVIiitB, Oil, VwriiUlit-tt, Lump (ionlw mul
mi i m, lygHiii mut mm
Water, and Crab
PURE WATER SYSTEM.
OS & &f Klngr Hlreot.
and Tin Ware
H Ul fMw J JUH,
- i t
THE LEG LAM
Wednlsuay, Nov. 5.
Noble Baldwin, on being called,
said he did not want thu bill reject
ed, although he would Vote aganml
some of its provisions, including the
ltep. l'aehaole's amendment car
ried, and the section passed as am
ended. Section G. The exclusive right to
furnish and supply incaudescent
lighting is granted to the said Allan
Herbert and John Him and their as
signs and associates for twenty
years from the passage of this Act,
but such exclusive right shall not be
deemed to extend to the furnishing
and supplying of electric motive
Passed on a standing division.
Section 7. The grantees shall
upon application madu therefor by
any householder supply and furnish
incandescent lights for any dwelling
or building within the following
limits in the city of Honolulu;
bounded on the east by a line run
ning north and Helumba, Waikiki ;
on the south by the water front, on
the west by the Kaliht valley stream,
and on the north by a line running
easterly and westerly on the makai
boundary of Niolopa, subject to the
same conditions and regulations
which are now imposed by the Gov
ernment in respect of such supply
and furnishing of electric lighting
to private persons and said condi
tions and regulations shall not be
modified or altered except with the
consent of the Minister of the Inte
rior; and the grantees shall not ex
act from those whom they shall sup
ply with incandescent lighting any
higher rate than such as are now
charged by the Government.
Section 8. If the Government
should for any cause hereafter aban
don its presentarc lighting system the
grantees shall supply the Govern
ment with the necessary power to
maintain said arc lights at the actual
cost thereof including the costs of
the necessary dynamo engines and
Section 9. The grantees shall
have all such further rights and pri
vileges which are granted by the
provisions of the Act known as
Chapter XLV of the Session Laws
of 1874 relating to the transmission
of intelligence by electricity.
Rep. Paehaole moved that the sec
tion be struck out. It would give
unreasonable privileges to the com
pany inaddition to the great advan
tages in other parts of the bill. Car
Rep. Lucas moved to insert:
section 9. This Act shall take
effect from and after the date of its
RecesSffrom J2:0.t to 1:30.
The House resumed at It 10.
Second reading of bill to enable
the Hawaiian Tiamways Company
to usuetectiicity as a motive power.
Considered with favotable report of
Rep. Paehaole wanti-d to know
whether cais could pass each other
with electric motors.
Noble Marsden said they conld
pass on switches.
Rep. Lucas moved .an amendment
to strike out the words "use tho
alternating current," and make the
clause read: "The said company
shall not intcifere with nor impair
the telephone service."
Ministers Brown imd Spencer ob
jected that this would not dn, as the
alternating current was deadly.
Noble Marsden stated that the
alternating current was necessary in
starting the cars, but would be
transformed on reaching the street.
The system to be employed was the
best yet invented, bejng that of the
"overhead trolly." In' answer to
Rep, Paehaole, he said the cars
could "be stopped quicker than in
the horse system. There would be
no danger to the public and the tele
phone service would be improved
instead of impaired.
The amendment carried and the
bill passed as amended, to be read
a third time Tuesday.
Third reading of bill relating to
the maintenance of streets occupied
by the tracks of the Hawaiian Tram
Jlep. Brown moved an amendment
to add, "Prpyided, however, that
the provisions of this Act shall not
apply to such Btrectp 'as Jmye not
been made in accordance with the
Noble Wideiuann supported the
amendment, on the ground thut it
would be a hardship on the company
to compel it to keep in repair such
streets. Il had to lay its tracks as
host it could without an established
grade on Berotiuiia street,
Hop, Puelmolo moved Hint thu bill
be nd on the table, mid u hillthleli
liu rnuil be Htiballliitod for It, He
huh) the bill of Noblu Wlduiuiiiin
jnovlduil no i.'imty ami was two
Hop, liiown thought Him bill
ulioiihl lx ruli'mm to u luinniilltoo,
in iiiwvmwii Mini w puwpauy
tilioiihl la'up thu mud lit mimic lor
1wi find on piiuIi i of lb limit
m ilrtijipml out of Him Milillluh
lilll- . ,, '
i)lu Wl'li'iiiunii ivit$ m ofiil in .
lljl' liUlb jlli'illlJDl (OF lljM IIH lll
llll... I.. I I I - '
ujojiftauilJiuy , mi . li 11 W ,lri i
www of jJi'ifflTw. w wg
gOtfULUbtf, H, l- WOVflMBHB 6, 1UUQ.
preamble was simply the law uiucr
which the company had provision, to
lay its tracks. Ho could only hope
that the bill of the lion. ' member
was his own and not put into his
hands by the people affected. The
caso appeared to bo tho latter, as
shown by its omission of the two
feet provision. As lie was always
opon to amendment and there might
be some good in thu lion, member's
substitute, he was perfectly willing
that the bills should be refciredloa
Minister Peterson thought the
bills should go to a committee,
otherwise tho original bill should bo
passed as it stood. The amend
ment of tho lion, member for Hono
lulu would destroy the intent of the
bill, as there was no street in tho
city made on the olllcial grade ex
cepting Halekaulla street.
Rep. Paehaole was willing to have
the bills go to a committee. If the
cars should stop running the lion.
Noble would be one of the first to
raise an outcry.
I he bills were referred to the fol
lowing committee: Mcssis. Wide
mann, C. Brown, Paehaole, Peter
son and Cornwcll.
JUDICIAL OPINION OS THE LA110II
President Walker announced that,
he had received the answer of the
Supreme Court to the questions sub
mitted l elating to the labor bills.
By his direction the Secretary read
the communication, which is as fol
lows : ,
DEl'AIlTMENT OK THE JuiHCIAKY,
Honolulu, II. I., Nov. 5, 1890.
To the Honorable Legislature of the
The Justices of the Supreme
Court have had the honor to receive
certain questions whereon their opin
ion is required by your honorable
body. They are as follows:
1st. According to the provisions of
our Constitution can a contract
laborer be deported from the
Kingdom at the expiration of
2d. Onn any person entei into u le
gal and binding undertaking
with the Hawaiian Government
oi any olliei purtiot. either hr
foie, al the time of, or upon n
teiing (he Kingdom, that he will
engage in no other occupation
than that of an iigriculluial la
borer during t)ie term of his con
tract, that if found out of em
ployment during thb term of bis
contract or engaged in any occu
pation or employmentother than
that agreed upon, he may be ar
rested and hold in custody until
an opportunity occurs to deport
him to his native country?
3rd. Can any person enter into a le
gal and binding undertaking
wttli tlm ITmtr.i 'i.i.i (L.in.nntnl
1I.H. H.W IIUIIUIIIIII JU UI IIIUCJIL
or any other parties either before'
or ut the tiino of or upon enter
ing the Kingdom that dining
the temi of his residence or em
ployment in the Hawaiian King
dom he shall not bo entitled to
exeicise tho rights of an Hawai
ian citizen but shall be restrict
ed to tho term of residence and
employment named in. the con
tract or permit to entei the King
dom? -4 tli. Can any poison entei into a le
gal and binding undertaking
with the Hawaiian Government
or any other parties that upon
the condition of permission to
enter this Kingdom, at or before
the expiiation of the term or
terms nitined. in such agieenient
or permit, if found witjun the
Kingdom, Iij or tioy may be le
gally ai rested and held in cus
tody until an opportunity oilers
to deport him or them to bis or
their native country?
In answer to the first question, if
by a "contract laborer" is meant
one who is already lawfully in this
Kingdom and engaged to labor for
apotber -inicra written contract, we
are of opinion that he, the laboier,
cannot be deported from the King
dom at the expiration of his con
tract. Such deportation or banish
ment, not having been made by sta
tute law a punishment for crime.and
tho laboier not having btJen convict
ed of such crime, (for which banish
ment is the penalty), cannot be 'de
ported from the Kingdom without a
plain violation of the (list Article of
We notice that m the reniaining
three questions submitted to us the
terms "undertaking," "contract,"
"agreement" and "permit to enter
the Kingdom" are used interchange
ably and synonymously.
But a wide distinction exists be
tween the right of the Government
to permit aliens, citizens of a nation
with which this Kingdom has no
treaty conceding this right, to enter
the Kingdom under conditions, and
the power of an individual who has
tho right by treaty to enter this
Kingdom and reside heie, to make a
binding contrapt waiving all those
rights and subject himself to nonul
ties for its violation.
Tho formor is the act of the Gov
ernment which tho individual can
uecopl by coming to this country
Mlbjeut to the law imposing the con
ditions, Thu latter is the net of tho
individual which thu policy of thu
law will not allow him to do,
Cltlzuiif) of states who Imvo treat
In with tho Hawaiian Kingdom !
lotting fruit iigius awl egre& of
Miu ultlKimu of oueli
of liiieh contracting
powur iiiuMim luriuory or mo oiihti
imuhl not hu inlil mnuimhlu to niu.
tutu or thu llimiillun I.UInliirn
(nl!iniiili hitur in ilulu limn I liu
lnMy)ntitiliiiiailiilrenii of r-
Nhlunuu in tliU Kiiimloni, mu,, u-
UDt III tluliUloil i) bujh (ruuly,
.. . . .1 . .. -,..-.....-...
Ami Uiv wujii auuIiIiidi iuMsIii
liium fy i iwm mmm
right by treaty to outer Into and
reside in this Kingdom, by which ho
agrees to limit his term of residence
here and conllnc himself to a par
ticular occupation, and subject him
self to arrest and banishment for the
violation of tho agreement. If a per
son who is lawfully within this King
dom cannot by any statue be de
prived of the rights secured to him
by the first article of the Constitu
tion, lie cannot deprive himself of
those rights by his own contract.
If the persons meant in tho ques
tions are citizens of stute9 with which
we have treaties of the character
above indicated, we are obliged to
answ'er the questions in the nega
tive. If these persons, however, are citi
zens of countries with which wo
have no such treaties, tho coro is dif
ferent. No person has the right to enter a
foreign country against the will of tho
foreign state, unless tho right has
been conceded by treaty. Every
state has, as mi attribute of sov
ereignty, the right to impose condi
tions and restrictions upon the entry
of forclgncis within its tenitory,
unless it has by treaty conceded that
such entry shall be without condi
tion The Legislature is the judge
whether such conditions and restric
tions are essential to tho welfare",
peace and safety of the State. And
the Legislature has the power to
make such conditions and restric
tions effectual by the imposition of
penalties and by deportation in case
Therefore, if the persons meant in
the questions aie those of countries
with whom we have no treaties, we
answer the question in tho atllrma
tive. The third question we do not fully
understand. The agreement of a
person that he will not be entitled
to exercise the rights of a Hawaiian
citizen during the .term of his resi
dence or employment in the Hawaii
an Kingdom, but that he should be
restricted to the term of residence
and employment named in the agree
ment, is without force or meaning.
For, none but "citizens," either na
tive or naturalized are entitled to
exercise the rights of Hawaiian citi
zens. Aliens can only acquire these
rights by naturalization or deniza
tion. If the question means to ask
us whether an individual can by his
contract waive his rights to the pro
tection of the law as regards his'
nie, noeity ami property, we an
swer that he cannot. He cannot by
contract make himself an outlaw.
And we doubt if aliens of a non
Treaty power can contract to waive
their lights to the protection of the
law, since twy cannot absolve them
selves by contract from the obliga-'
lions to obey the law.
We refer to the cases of Chow
Bick Git & Wong Kuen Long, 4
Haw. 385; The King vs. Leong
Tiam, 7 Haw. 338; In re Man Nun,
7 Haw. 454 ; The Passenger Cases,
7 Howard, U. S. Rep., p. 520, ct
seq. ; Vattel, Law of Rations, "'Book
2nd, Chap. 8, Sec. 99.
"Since the lord of the territory
may, whenever ho thinks proper,
forbid its being entered, he has, no
doubt, a power to annex what condi
tions he pleases to the condition to
We sutnmaiize olir answers as
Restrictions of the character men
tioned in the questions submitted
can be imposed by statute law upon
citizens of countries with which this
Kingdom has no treaties, as a con
dition of their being allowed to en
ter this Kingdom.
A. F. Judd,
Riciid. F. BiOkxitTOSf.
Mr. Justice Dole, being absent on
Circuit, does not join in this opinion.
Noble Muller was very much
pleased that the Supreme Court had
given an opinion favoiable to the
bill before the House. He moved
the bill be made the special order of
the day Friday.
Rep. Bush moved that the answer
of the Court bo translated and print
ed in both languages.
Noblo Baldwin was in favor oi
inuking the bill the order for Friday.
Rep. Bush said the apswer could
not be translated and 'printed in
Rep. Paehaole did not think it
necessary to have the document
translated and printed. The mem
bers nheady knew tho gist of the
opinion. 'He moved it be made the
Noble Mncfarluno was in favor of
making it the order for Friday. He
wanted timo to read the opinion
carefully, notwithstanding the hon.
member's view of its simplicity.
The motion for Fiiday carried.
Noble Widemanu moved that the
Constitutional Amendments bo made
(he special order to-morrow.
Noble Macfurjnne thought tho
amendments would take two or three
days, and us unfinished IhibIiiohh
they might delay tho lubor bills.
Noblu Wideiuann said one of his
obJuctH waa to havoiiuortulii iiuii'iid
UHiiit passed befoio thu hibnr bill, an
it M inliiimtuly rululed to tho lubor
Noblu Huhlwlu thought thorn was
u likullliooil of thu I'OiiHtitullniinl
iiinuinliiii'iiis inking moru ilmu tluiu
wuinii niPiiilinia iMiiiglni'il. Iltuiinvuil
to nmltu Himii tlm onlur tur Kuttir
Tim iiiuHdii or lii-iinnio onrrli'il.
uiiumi or1 fllM iiav.
fJHBUIll 11'." ill I'll tl( lull JiJIHllUf
imailsry U) JJIiinb JI7
mm w wTbuj h
i I'l'IIHI uniiu.
In fir wmjh!ily
juuifljj ai mim uhn jUbU mm
disturbance of the peace or shall
incite others to create disturbance
of peace, or riot, or shall instigate
others to gamble or drunkenness, Is
guilty of a misdemeanor, and may
upon the complaint of the Attorney
General or his Deputy, bo arrested
and brought before ono of the Jus
tices of tho Supreme Court, and
thoic summarily examined. Il,
upon such examination, the Justice
shall find that the person so brought
bcfoie him is guilty of such mis
demeanor, such person shall be
punished by expulsion from the
Noble J. M. Horner wnnied lo
know what it meant. Did it refer
to liquor shops, which were the
woist instigators of riot, gabling
Minister Peterson said yes, if
they were idle or disorderly persons
as stated in the bill.
Rep. Nawahi claimed that high
toned people who drank to excess and
gambled should be treated the same
as the poor Chinese. He moved
that the bill bo indefinitely post
poned. Minister Peterson explained the
bill. Japanese laborers that fulfilled
their contracts came lo Honolulu
and made mischief among their
countrymen. It was the desire of
the Japanese Government that such
characters should bo relumed home.
In the original convention with
Japan the light was granted to this
Government to deport disorderly
Japanese laboreis. This bill only
applied to countries having treaties
with us of that nature, the only one
at present being Japan'. It was
proposed to amend the third section
so as to include Chinese, in accord
ance with the piovisions contem
plated in the labor bill.
Rep. Bush regarded the bill as
Noble Muller differed from the
Rep. Nawahi asked who would
pay the expenses.
Minister Peterson said the Japa
nese Government had paid the ex
penses of all Japanese hitherto sent
Rep. Nawahi asked about Chinese.
Minister Peterson said all tho
Chinese to whom the bill would ap
ply would have enough money in
the hands of the Government to pay
Rep. Nawahi claimed that Japa
nese not being mentioned the bill
would affeot everybody.
Minister Peterson said Japan was
the onby country having a treaty
such as mentioned, which was as
good as saying Japanese.
ihe suction passed.
Sec. 2. Any person against whom
sentence of expulsion lias been
rendered who shall remain in or re
turn to the Kingdom, unless Buch
person shall have been by the King
pardoned, shall be imprisoned with
hard labor not exceeding 'five years.
Sec. 8. This law shall apply only
to subjects of such Foreign Powers
who by treaty or convention with the
Hawaiian Government, have agreed
that their subjects may be returned
to their own country for the offenses
in this Act mentioned.
Noble Muller moved to add, in
accordance with the provisions of
the labor bill "and to any Chinese
who may hereafter enter the King
dom under any agreement, or special
residence permit, to depart from the
Kingdom at the expiration of the
Rep. Paehaole and Noble Baldwin
regarded the amendment as super
fluous. The amendment cariied, and the
whole bill passed, to be read a third
Second reading of bill to allow
,sugar plantation companies and
plantation owners to introduco labor
ers from abroad.
Minister Brown said a committee
recommended that the bill be laid
on the table, and ho therefore moved
thut it be indefinitely postponed.
Second reading of bill to amend
Sec. 388, Civil Code, relating to
Honohiki fisheries. Considered with
favorable report of committee, on
the grouud that tenants had suffered
from the obscurity of the law as it
Rep. R. W. Wilcox moved that
the bill pass.
Can led, the bill to be rend a third
Second reading of bill granting a
franchise to the Humukuu Water
Company. Considered with favor
able report of select committee.
Noble Marsden moved that the
bill be read; Minister Peterson, that
it bo considered section by section.
Rep. Paqhnole moved that the
bill bo indefinitely postponed. It
gave the company power to take
water from Crown lands.
Noble Marsden called the hon.
member to order. Tho bill proposed
nothing of the kind. It said ex
pressly Government lands, Tim
lion, member was talking at random.
Hep, Paehaole claimed ho could
read tho bill as well us thu lion, No
blo, Thoru wus ii map In the build
ing showing thut thu water ioso on
Crown hinds leased to Hon, Knin.
Piirkur, Thu House hud no right to
give wutur light that did not belong
to Urn (Jnvuiuiuont to prlviitu oorpor.
HtlmiK, To do h would ho mdnli.
lUliIng iliingitrniu piuumimit,
Nnlilu MihiIpi) null) it wiin not
niri)iuin in iln unytliliiH wiuli u ii
lion, iiiviiiliur hml liunii iIipIiiIiiiIiik
HHWIIIb. miw hhimi imioi ny Hint
iiypfl iiv Miiy iwrnnii, or for ny
wuli !j) smvns III liu ni my n
.0 Kill' voir urimliiui iiiiIuku it 1m
lMlil ami Ail vu'Jflfjw imrty
for the purpose had discovered this
water, and it was so hard to reach
Hint Noble Parker could not get all
the way with tho parly. It lining
four o'clock ho moved the House
adjourn. Can led.
Oceanic siewiim coiiin.
From San Franoisoo.
Leave Due at
. . S. F. Honolulu
Zeulandm Nov 15.... Nov 22
Alameda Dec 13 Deo 20
For Son Franoisoo.
Leave Duo at
Alameda Oct 29.... Nov 16
Mariposa Nov 20 Dec 13
Zoalandia Dec 24.... Jan 10
Intermediate S. S. Australia.
Leave S. F.
Friday. . . Nov 7
Friday. . .Dec 5
Friday... Nov 21
Friday. ..Deo 18
Vint SAN PffcAN;BN'.
I'm now inil Uue Al sleul Mctiuhli
(,f " lUiiiHteauiotiliiConipuuy, wlli
i dm u Honolulu troui SydiiAi
in iioklniul nn m about
Nov. 15, 1890.
Ar.it will luuve for the above porl with
nuiIU and passengers on or atiout thai ,
for fielt;lo or pibsn'e, lmviiii.' till
I'KHIOU ACCOMMODATIONS, upplj
WM. Q. HtWIM & (XLAgents.
For Sydney and Auckland.
'the Luv and flno Al uteel Bleamliip.
Of lue Oeiatilt! 8teaniship CompHiiy, will
m dut- at Honolulu from 'Ssn
KiHOoisco on or about
IMov. 22, 1890.
Ami will U.ivo prompt dispatch with
n ills and (iKisengers for the above ports.
Poi ireight or passage, having 8U
I'BRlwli ACCOMMODATIONS, appl
W WM. G. IRWIN & CO.. Auenrs
f oi. G. Irwin d Company,
OFHEE KOU BALR
Lime Ac Oemenf,
PARAFFINE PAINT CO.'S
COMPOUNDS and ROOFING,
Felt Steam Pipe CoYering, all sizes.
BUCK & OHTjAZTDV'B
High Grade Chemical Cane Manure.
BYE GKASS .
Feirbank Canning Co.'s Corned
Beef, 1 and 2 lb. tins.
SALMON IN BARRELS.
mi... i -. . ..
i hu iini uuv u'oou poison oi
scrofula develops in iiiodellculo Htauie
of tho b.idn, mental we knea es ami
tnnriiiltli't. l.ilrwv.r .1.1 I l...,....l... -r ....
Urges the plan, not ilie tli ma, lmiwira
the bsnsoof sintll ai'd tit-, o or biuik
luto coii-iiiniiu uloe h on iho in rk It
di&tmya lliu lunjiii, 1 1 ill! thew with
tnUnjulditi r," 10 foni Ji eim nwiv
iho coaiiii' oi iho Miniihi'h minimi
the liver. iIom the M mev. cro iu
constipation iiml hid fee plUs No
human utwwy rim mi o dlv p t.
muuantly mid ri'iiiiiimlcnll chum,! n
blood of miof loin i oi nn, iloir 'hu
complexion mill aMii c..i, i,h i 11,1
unmt blood did i I
Router's Healing Soap,
.WcvHithMynir.)!! itti for a fair
IIMUM ini, .ii 11 ft "Jiiinm. jjf
IWVi bluHiiw, ii.iVMIiJUiuiulilii
HOLLISTER & CO, ,
Australian laii umu
J fc Wfc