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- r "-& Tfa- Tp-jwjfa -f "' T- n,v ir
K NO SUCH OFFICE.
Ht A Minister Ad Interim Hot
Il;' ' Known to the Law.
Indictment Quashed for Illegality of Mr.
ltegina vs. Honry F. Poor, Motion
to Quash Indict munt. Uosorvoil
to Court in Banco. Boforo.huld,
C. J., Bickorton and Dole, J.J.
opinion of thi: count ht dole, j.
Tho indictinunt in this oaso is
signed, "H. A. Widomann, Attornoy
Qonoral ad interim by liis doiiuty
Chas. Cruighton." Tho nribonor
moved to quash tho indictniont bo
ennso it "is presented by an o flic or
not known to or authorized by the
Constitution or Laws ot the Hawai
ian Islands, and that tho said indict
ment is not prosonted by an olli
cor having legal or constitutional
authority to present tho samo."
Tho case of Rex v. Kanaau, 3 Haw.
669, and Eox v. Ah Lin, 5 Haw. 55),
are referred to as having settled tho
law of this question against tho mo
tion. Tho prisoner's counsel, how
ever, contends that as tho tenure of
office of Cabinet Ministers under tho
Constitution is difforout from their
tenure of oflico as it existed undor
tho constitution of 1SG1, which was
the fundamental law when thoso
cases were adjudicated, thoy are not
necessarily authoritative in tho pro
Under tho constitution of 1801,
tho Miuistors hold "oilico during
His Majesty's pleasure," and tho
King might and did appoint and
dismiss thorn according to the whim
of tho moment. It was fully within
his powers to appoint a temporary
Minister because he could cancel
any Ministerial commission when
ever ho wished. Under tho present
fundamental law, however, while tho
sovereign may appoint a Minister,
he may not remove ono without a
legislative vote of want of confi
dence against him or his conviction
of felony. Tho sovoreign, therefore,
has now no power to appoint a tem
porary Minister or a Minister ad in
terim, such a term involving tho
theory of inherent power existing in
the sovereign to recall tho commis
sion of a Minister.
This view is consistent with tho
reasoning of the Court in Hex v.
Kanaau, abovo referred to. An in
dictment signed by an ad interim
Attorney-General was sustained on
tho ground that "tho oilico of tho
Accuriio-crunurai Is unu wlilcli Js
held during tho King's pleasure, i
not appointable for an- certain timo
or for life; and tho words ad interim
are not in 3113 waj- different in effect
from 'during the King's pleasuro;'
thoy are added for tho purpose of
indicating to all persons that tho
appointment is merely temporary."
As the words "during tho King's
pleasuro," are not now in tho Con
stitution, this reasoning of IJox v.
Kanaau has thoroforo no application
to tho present case.
Tho question then naturally arisos,
what is tho oiFect of a commission
appointing an Attoruoy-Gonoral ad
interim? Does it result in a perman
ent appointment of an Attorney
General, or is it void?
Although a respectable argument
could bo mado in favor of tho former
conclusion, tho reasons against it
aro very strong. There is no such
office known to tho written law as an
ad interim Minister, and a royal com
mission may not play fast and loose
with official titles lixod by statute
inconsistently with tho legal tenure
of office. Such irregularities aro
dangerous, and inconsistent with
the constitutional safe-guards of
official integrity and independence.
For instance, if tho appointment of
ono as Attornoy-lienoral ad interim
should bo construed as a per
manent appointment, similar com
missions might become common
and, containing this vaguo evi
dence of an implied ngreemont
between tho officer and tho crown
that the former would resign at tho
request of tho lattor, which perhaps
few men would havo tho courage to
ignore, would thus to a certain ox
tent tond to ovado tho constitutional
provision against removal of Minis
ters by tho sovoreign. Such an at
tempted modification of tho con
stitutional tenure of oflico of a Min
ister by tho crown cannot bo passed
over or confirmed by tho Court,
whoso responsible duty it is to
guard tho Constitution from legisla
tive or official attack.
Tho importance of this aspect of
tho question before tho Court, may
be illustrated by supposing a vacancy
in tho Supremo Court, where tho
tonuro of office is during good be
havior, to bo filled by a person
commissioned as Justice of tho Su
premo Court ad interim or for three
..mo.n.ths or during Her Majosty's
pleasuro. Could such an open defi
ance of constitutional provisions bo
tolerated or such a commission bo
There is anothor aspect of this
questiou which has been referred to
in tho argument and which was
passod upon by tho cases cited; and
that is, the circumstance that tho
person holding tho disputed com
mission was also holding at tho time
a regular commission as Minister jn
Tho cases referred to decided that
such a practico was sound. With
out going into tho question of tho
correctness of their conclusions upon
this point undor tho thou existing
law, we find that since those cases
" wore sottled there" lias boon a mato
rjal change in the status and duties
IF ft WIdemann's Commission.
of Cabinet Ministers. Article 78 of
tho Constitution requires that sov
ereign acts shall bo done by tho
sovereign "with tho advico and con
sent of the Cabinet." The Supremo
Court in an opinion rendered to
tho Cabinet, April 10th, 185K), de
cided that tho action of a maj
ority of tho four niombors of
the Unbinot is tho action or the
Cabinet except in thoso cases where
tho statute requires unanimity. Tho
law of 1887, providing for tho ap
pointment of District Justices, re
quires that the Cabinet or a major
ity of its members, submit nomina
tions for such appointments to tho
Supremo Court. Tho Act of 1888 to
promote tho building of steam rail
roads in Oahu, provides that a
majority of the niombors of tho
Cabinet shall pass upon tho plans
and charts for such railroads. Tho
concurrence of all of tho Cabinot is
required both in tho prosont and tho
preceding constitution for tho ap
propriation of public moneys by tho
I'rivy Council, and similar unanimity
is required in several oxisting
Wo thus see that the argument in
favor of tho legal necessity of having
the four Cabinot positions filled by
four individuals instead of a lessor
nuinbor through ono person holding
several appointments, is stronger
now than it was when tho cases re
ferred to wore decided in 187(5 and
ISS.'l. It needs no argument to show
that tho rulo requiring Cabinet
majorities for certain legal acts of
tho Cabinot would bo subverted by a
practico which allowed one indivi
dual to hold more than one minis
terial commission. Tho same would
alto be true in regard to tho laws
and constitutional provisions requir
ing ministerial unanimity.
If tho point is onco conceded that
0110 individual may legally hold two
ministerial positions, thoro is no
principle in tho way of his holding
thieo or all of them. This somo
wliat extreme proposition fairly ex
hibits both tho absurdity and the
evil tendency of tho practico object
Wo aro thoroforo of tho opinion
that the commission to Mr. Wido
mann as Attornoy-Genoral ad interim
was illegal, and allow the motion to
quash tho indictniont prosonted by
virtue of it.
Honolulu, October 15th, 1892.
A. F. Judd,
KlCIIAHD F. BlCKEIlTON,
Sanfokd B. Dole.
Deputy Attorney-General Creigh
ton and F. M. Hatch for tho Crown;
A. S. Hartwoll for tho defendant.
A Oood Thing to Koop at Hand.
From the Troy Kansas) Chief.
Somo years ago we were very much
subject to severe spoils of cholera
morbus; and now when wo feel aivy
of tho symptoms that usually pro
ceed that ailment, such as sickness
at tho stomach, diarrhoea, otc, wo
become scary. "Wo havo found Cham
berlain's Colic, Cholera and Diar
rhoea Eomedy tho very thing to
straighten ono out in such cases, and
always keep it about. Wo aro not
writing this for a paj- testimonial,
but to let our readers know what is
a good thing to keep handv in tlm
iiouso. i'or sale bj all dealers.
Benson. Smith & Co., Agents for the
Bruce & A. J. Cartwright.
To Lt or Lease
At Prices to Suit the Times.
-1HAT PLEASANT SUB-
uruan Cottage on N Mi
ami street, adjoining the
rcsidoneo of Mr. Tliomas
Soronsim, nicely aimointed and with auree
able surroundings, suited to a small family
and within an easy remove from the hea't
of tho City. Terms $ IS per month.
PremiMjs rcivntl v occu
pied hy Mr. A. P. Puterson
on Nuiinim street, adjoining
the residence of RoT. Alex
Tho II ouso. Stahles. Outhouses and irrounds
have iieeu recently put in tliorougn repair
and are eminently adapted to the wants of
a largo family. location extremely pleas
ant, und terms easy.
..'... 1 1'
A NICE COTTAGE WITH
pleasant grounds on
Beretania t-trcet, a few doors
from Kceamuoku streot. re
cently occupied by Mrs. Carney, entrances
from Young and Beretania streets. House.
Stables and Outhouses nil complete, anil
In llrst-class order. Streot Cars pass the
front door every twenty minutes. Terms
$'JJ per month, including water rates.
rpiIAT PIECE OF PR0
A. porty unimproved, situ
ate un the Diamond Head
side of Mr. IX. J. Xolto's nre-
mises at Knniolaui Park, containing
area of about I acres, suitable for u vege
table' garden, chicken ranch, etc.
Retired Cottaca oil
Vinoyard street with ample
crounus: 11 low minutes' watte
from the X'oat Oilico. Tonus eusy.
occunied bv Juduo
J. M. Davidson, II Kaahu
manu Htreut. In tho heart of
the business center, and a Hue opportunity
for a lawyoror business man. Thcsoolllccs
have always found ready tenants.
NOTE Boforo becking or closing bar
gains elbewhero, it will pay you to scan our
column, and to at onco consult tho under
signed at their olllce,
Wo kcon nronertv in first-class con
dition, Our terms aro moderate and as
landlords wo will always bo found reason
able in our dealings.
tf- Ajinly in each case to
DRUCE or A. J. GARTWRIGIIT,
:." Merchant streot.
icMonarc imDai ids
THE SAN FRANCISCO
HAS ESTAHLISUKD T1IK
WHICH OF PR Its Ol'I'CIIITUNtTIKS TO
The Residents of Hawaii
For tho Purchase ot Goods in tlio
Markets San Francisco
We Can Buy Goods
Lower than the Lowest Market Price !
matter whnt you want,
Watches, Jewelry, Silverware,
Household Articles, Furniture,
Musical Instruments, Carpets,
Groceries, Buggies, Harness,
Dress Goods, Boots, Shoes,
Wearing Apparel, Ktc, Kc,
Anything. Mer tin Mi !
At Astonishingly Close Figures.
SXt If you are in need of anything
from this City, write us and we will quote
you prices on it, and, if the prices suit,
you can forward us the Cash to make tho
Don't he backward about asking us con
cerning what you wapt.
Experienced and Careful Buyers
Are in charge of this Department and
they are at your service.
Write for Information I Get Acquainted
with Our Methods!
Wo can -ave you money by executing your
fW Address all communications
EXAMINER PURCHASING DEPARTMENT,
- - - D.
To Let or I.easo.
rpWO KIC15LY FUH
X nislied ltooms, cen
trally located. Inquiro at
Bulletin Office. 333-tf
DUVAL PREMISES, 31
Beretania street, op
posite Fort street church.
A. ...!... 1 T I Tt I IP
3S2-tf At Theo. II. Davies tfc Oo.
NEW HOUSE OP FIVE
rooms, on Magazine
street, with Bathroom, pat
ent v. C, etc. Commands
one of tho finest views in Honolulu. Apply
ITT f 1 M 7IfAd
lu V"l l-ti i'. T X , Jitji
THE COTTAGE ON BE
rctania street No. i)i),
northwest corner on mauku
side of road, coutainiiu; 5
Rooms, besides Bathroom, Kitchen, Pan
try, etc. Tramway cars passing. Apply to
51(K!t II. W. SCHMIDT & S
NICE COTTAGE ON
Beretania street, near
I'llKol street, containing
l'arlor, 2 Bedrooms, Bath
room. Diningroom, I'antrv
Servant's room, Carriage House, Stable, et
Tramcais nass every '20 minutes. Apjify 1
oflico of tins aiior. 458-tf
FOR, SALE or LEASE
X Promises lately occu
pied by Mr. E. Sulir, will
bo for bale or leaso at rea
sonable price or rental. Tho Orounds con
tain n variety of Fruit and Ornamental
Trees, The Commodious Dwelling is well
furnished with modern improvements and
conveniences. Roomy Barn and a 2-ltoom
Cottage for servants. For further particu
lars, apply to JOHN ENA,
Oflicu Inter-Island Steam Navigation
VTOTIOE IS HEREBY OIVEN THAT
X Macfarlano it Co., (L'd), a Corpora
tion of limited llubllity, was organized un
der tlio Laws of this Kingdom on October
1. 1892. Tho following Ollleor.s wore
11. R. Macfarlano .... President,
E, O. Maofarlano. . Vice-President,
O. M. White .Secretary it Treasurer,
F. Wundonborg .. .Auditor,
Said Corporation lias acquired tho wine
and spirit business heretofore carried on
by Mucfurlauo it Co. at No. 12 Kaahumami
street, in Honolulu, and will continue the
samo at tho name place. The assets and
liabilities of Macfarlano it Co. have been
taken over ami assumed by said Corpora-
U. M. WHITE,
Honolulu, Oct, II, 18U2.
ANNUAL MEETINO OF THE
Stockholders of the Kolialu Ktnrur Co.
will bo held at the 1 d to of Castle t
Cooke, 011 THURSDAY, Oct. 20, 1892, at
10 o'clock A. M,
J. 11. ATHERTON,
rnilK ROYAL HAWAIIAN HOTEL CO.
JL has loacd the property belonging to
A, Herbert, 1-Nq.. in Wnlkikl, which for
tho present, will ho open to tho puhlle os
an annex of tho Hotel, and will ho known
as the "Hotel Park Annex." Besides tho
main houc there aro Three Cottages ad
mirably adapted for families:
' containing f
lioouiH, Kitchen and Lana
2 Tho "Green Cottapo" containing Par
lor, 4 lied ltuums, Kitchen, l'antry, Hath
3 Tho "Seaward Cottage" with 1 Oood
ItuoniH and a Drcssiim Itoom.
All tho Cottages are well-appointed in
Kurniture, Fitting, etc., and tenants will
ho untitled to bathing privilege. Tho pea
bathing being unsurpassed on tho Island.
Tho Main Building will he reserved for
tho uso of tho guests of tho Hotel, hut it
may ho rented for I'ienies, llathtng Par
tics, Dinners and Dances, etc., forall which
purposes it oilers exceptional advantages.
A ohargo of Twonty-Uvo ($1!5) Dollars will
ho made for tho iiso of the Hoiise and
Grounds Including Uathiug, Lights, etc.
prepayment is required lor lnteimeu use
tho Main Building and Grounds.
tnr For further particulars' application
should ho made to the Manager of the
Koyal Hawaiian Hotel. 5l!7-tf
Golden Rule Bazaar,
W. F. REYNOLDS, Prop.
VVhh LINK OF
prices which we established
commencing CASH Business.
Turkish Bath Soap, 4 Cakes 25 cts.
Farina Bouquet, 4 Cakes 25 cts.
Oatmeal Soap, 4 Cakes 25 cts.
Cnrly Maple, 4 Cakes 25 cts.
And Other Soaps at 3 for 25 Cents.
Sec our Fine Line of
Blank Books of all Descriptions.
Balls, Tennis Balls, Tennis Rackets.
Call and see our Goods before buy
ing elsewhere. Last but not lcabt
A I.AIIOK VARIKTY OF
Novels & Popular Bound Books.
THE HAWAII llOLOMfA
DAILY AND WEEKLY
Leading Journals In tho Kingdom.
The "Daily Hawaii Holomua,"
Has tho Largest Circulation on tho Islands
and Is the Best Medium for
Mit. Thos, K. N.vniANiiii. will rccoivenll
advertisements and transact nil business
Oiticki " Brcnic Block." comer
Nuuanu and Queen street (upstairs),
Union Gas Engine Co.
(Incorporated May 10, 1892.)
MANUFACTURERS OF THE
Regan Vapor Engines
Horizontal it Upright,
Stationary it Marino,
(las it (Jasolino Engines,
Pumps it Launches,
518-tf Sule Agent for Hawaiian Islands,
W. A. WALL,
Surveyor (Latk with thi; (Iovi'.iinmknt
1. O. Box 103. Mutual Tele. 1 10.
rpiIE UNDERSIGNED ILS THIS DAY
X bought out the Chun Nam Bakery at
No. 'J Kekauliku street, and hercbv gives
notice that he will not be responsible for
any debts owing by said Chun Nam,
Per 1,00 Chit Bum.
Honolulu, Sept. 27, 18!).'. 6.')ikiw
nPHE UNDERSIGNED HEREBY
X gives notico that ho has bouuht the
and known nu tin. ''I
owned hv ijitu Knn
Bav View tinanrt " fiml
he herebv irlviw tinflf,i,tlint lw. 'lll m.t i.
responsible for ujiv of tho debts of said
Lam Kuu. Urn Kau will sign tlio bill of
salo on October 10, 18!):.'.
, , , FOOKWINO.
Honolulu, Oct. 3, 1802, 538-lw
THEO. H. DA VIES & CO.
Have Opened Their New
China, Glass and Furniture
Salesroom on Kaahumanu St., Ground Floor,
SPECIAL DISPLAY OK
Royal Worcester, Crown Derby, Wedgewood and Other
3ST-w 15u.gs a.n.d Carpets,
Fine Show of Glassware, Ivoryware,
CL J". MCCARTHY,
(new bulletin block, iinnciiANT stueet)
REAL ESTATE! BROKER
Eire Insurance Placed. Collections Attended To.
RENTS COLLECTED AND HOUSES RENTED.
ANY BUSINESS ENTRUSTED TO ME
Hartford Fire Insurance Co.,
London & Lancashire Fire Ins. Co.,
ThameB and Mersey Marine Ins. Co.,
New York Life Ins. Co.,
C. 0. BERGER
General Agent for Hawaiian Islands.
Hem, ill TELEPHONES Mutual 111
9.7.r Per Cord . .
$12,150 Per Cord .
lfH.00 Per Cord..
-1 Foot Lengths
Sawed and Split
$1X00 Per Cord 1 Foot Lengths
fl5.no Per Cord Saw cd
1 17.00 Per Cord Sawed and Split
W Delivered to any part of Honolulu
HUSTACE & CO.
N. 11. We guarantee our Wood to be
sound and freu from worms. 518-tf
Baxter Engine & Boiler !
IN OOOD WORKING ORDEIt,
For particulars or terms upply to
The Best Lunch in Town.
Tea. and Coffee
AT ALL HOURS.
THE FINEST BRANDS OF
Cigars and Tobacco
ALWAYS ON HAND.
H. J. 3STOLTE, DProp.
OF NEW GOODS !
Bohemian Vases, Wine Glasses,
WILL RECEIVE PROMPT ATTENTION.
IE 6. .IRWIN & CO.
OFFER FOR SALE
AI.EX. cnOSS & RONS"
Celebrated High Grade Cane Manures.
AVe are also prepared to take orders for
Messrs, IT. Ohlandt&Oo.'a
Insuring prompt delivery.
09 This is a superior Paint Oil, con
suming less pigment than Linseed Oil, and
giving a lusting brilliancy to colors.
Used with driers it gives a splendid door
Fairbank Canning Co.'s Corned Beef
FARAFKINi: TAINT CO.'S
Compounds, Roofing & Papers,
Reed's Patent Steam Pipe Covering.
Jarboes Diamond, Enamel & Ever
Especially designed for Vacuum Pans.
Wm.G. Irwin & Co.
Win. G. Irwin, - President and Manager
Clans Bpreekels, - - - - Vice-President
W. M. Qill'ard, - Secretary and Treasurer
Theo. O. Porter Auditor
Commission Agents. ..
AGENTS OF THE
Oceanic Steamship Company,
OF SAN FRANCISCO, OAL.
.I.O. Carter President and Manager
(). H, Robertson Treasurer
E. F. Bishoi Secretary
Hon. 0. R. Bishop )
II. Watcrhouse )
LOST OR MISLAID
IOATE NO. lit) FOR TWENTY
res Mutual Moieniione biocK,
standing in tlio name of (leorge 0. Deck
loy. Transfer lias been stopped. Finder
will please return to
KHWlw Or to Wilder A Oo.
LOST OR MISLAID
CKRT1FIOATE NO. 181 FOR TWENTY
Shares Mutual Telephone Stock,
standing in the name of C. II. Judd.
Transfer lias been stopped. Finder will
please return to
F. M. SWANZY,
At tho oilice of T. H. Davies ,t Co.
Aro Itecelvlng New'Iuvolcei of
BOOK AND JOB STOCK
UY EVERY STEAMER
Where they are lully prepared to do all
kinds of work in the latest styles, at
the shortest notico and at the'
most Reasonable Rates.
Fine Job Work in Colors' a Specialty!
Executed in the Most Attractive
Read the' following partial list of spec
ialties nnd get the Bulletin's prices be
fore placing your orders. By so doing
you will save both time and'tnoney.
Bill Heuds, , r. .
Bills of Lading, '
Receipts of all kinds,
Labeof ovory variety,
'" Petitions in any language,
Envelopes & Letter Circulars,
Sporting Scores & Records,
Perpetual Washing Lists,
General Book Work,
Etc. Etc., Etc., Etc.,
Printed and Blocked when doslrcd.
tf No Job Is allowed to leave the of
lico until It gives satisfaction. '
BULLETIN PUBLISHING CO.,