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Vol. IV.- No. 095.
HONOLULU, H. I., THURSDAY, AUGUST 2(5, 1897.
Piuob 5 Cents.
j V- " A I B. A -.. -J
THE EVENING BULLETIN.
Published every dux except Bnndny nt
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Pnynblo Invnrlnbly In Artvnnoo.
Telephono 256. P. O. Box 89.
A. Y. GEAR Manager.
Bead what Aycr's Sarsaparllla did
for tho How '.. P. Wild", a well
known city missionary In Now York
and brother or tho lato eminent
"I was for many years a sufferer
from boils and other eruptions of ;i
liko nature, caused by the impover
ished state of my blood. My nppc
tito was poor and my system a good
deal run down. Knowing tho vnluo
of Aycr's Sarsap.irllla, by observa
tion of the good it had done to others,
I began taking It. My
almost from tho first dose ; then my
general health improved, and now it
is excellent. I feel a hundred per
cent stronger, and I attribute this
result to Ayer's Sarsaparllla, which
I recommend with all confldenco as
tho best blood medicino over
For all disorders resulting from
poor or corrupted blood and general
Hollister Drug Co., Ltd.
Bole Agents for the Republic of Hawaii
DR. G. WALDO BDRQESS,
Physician and SurgEDn.
Residence; 4S3 Punchbowl Street.
Homo: 3 to 5 and 7 v. m. Tbl. 852.
A. C. WALL, D. D. S.,
New Love's Building, Fort BtiMt.
William A. Henshall,
A-ttorney at Law
113 Kaoliumouu Street
LYLB A. DICKEY,
A-ttornev at Law
14 Kaahumann Street.
Tolopliono No. 6S2. 49S-6m
SAMUEL J. MACDOHALD, '
Counsellor at Law.
201 Merchant Street (one door from
Fort streot), Honolulu.
JAS. F. MORGAN,
AUOTIONEK AND STOCK BKOKER
No. 45 Queen Street.
Expert Appriusomont of Real
Estato and Jburnituro.
GILBERT F. LITTLE,
ATTORNEt fiT Law.
A. V. GEAR.
No. 110 King St
Y4&i3U&iitA tsfc' ,,,
LATEST FOREIGN NEWS
COMI'l.l'.TK nilDClKT Of AM. LAND
FOK O.NH UITK.
rnliHii llrlieW l'rcmir 1 1m Ninnlirl
llnrd lli'iiu ur Hie
Two 81000 notes of a counterfoil
issuo of 1805 havo been thrown
out on presentation at tho Trea
sury. Tho report of Dr. William T.
HarrisJJ.S.ConimiBBionor of Edu
cation, shows 16,000,000 enrolled
in the schools and colleges of tho
Frank Hinkoy, tho famous foot
ball captain of Yale, saved the
lives of eight men who wore
floundering about in the Niagara
rivor, opposite Edgewater, a sum
R. G. Johnston of Los Gatos,
Cat., declares be holds a lako of
oil, with fifty bubbling springs,
in Alaska which will discount the
richest gold claims on tho Klon
dike. There is trouble in tho Americ
an Legion of Honor over assess
ments, and James McNamara of
New Jersey has filed a petition in
Boston for tho appointmont of a
Brigadier - Goneral David G.
Swaim, U. S. A., retired, formerly
Judge Advocate- Gonoral, died at
Washington on the 17th, aged G3,
of Bright's disease. Goneral
Swnim wn in nttpndanpe upon
Garfield all through the last hours
of tho assassinated President.
Twenty-four members of the
faculty of Brown University will
be fired for signing a protest
against the oompuUory resigna
tion of President Andrews for his
views on tho silver question. Most
of them counted on having to go
when they did it.
Dr. J. M. Bleier, a reputable
physician of Now York, announces
that he has discovered a new euro
for consumption by electricity.
Controller Eckols is offered tho
presidency of tho Colonial Trust
Co. at a salary of $15,000.
Oakland, Cal., has a "woman in'
black" who goes round stealing.
The Americans won the tonnis
championship at Newport, K. I.-
Commander J. C. Moroug re
tiros from the Navy, having readi
ed the ago limit of-02 years. His
retirement promotes Lieutonant
Coramander Albert Ross to bo
commander; Lieutenant J. A.
Norris to bo Lieutonant-Commander,
and Lieutenant-Captain Hart
of the junior Grade to be Lieuten
ant and Ensign Durall to be
Lieutenant junior grado.
A bill to-mako Now Mexico a
State will be introduced at tho
coming session. of Congress.
Associate Justice Stephen J.
Field of tho Supremo Court of
tho United States on the 10th of
August broke tho record for con
tinuous servico on tho Supremo
Bench, having served thirty-four
yearn, five month and six days, or
ouo day longer than formor Chief
Justice John Marshall. Thoro is
no sign that Justico Field intends
Sonator George of Mississippi
is dead at tho ago of 71 years.
Duns' report shows good times
and bright crop prospects.
Silvor has dropped again, boing
52Jc. an ounce in Now York.
Wheat is on the jump, going up
nearly 5c. tho last day in Now
York. It is near the dollar mark.
Tho day's sulo woro moro than
Bryan is spouting freo Bilvor to
enormouB audioncos in Montana.
L. M. Shaw is tho Republican
candidato for Governor of lowe.
Captain J. W. Whitman and
Muto AY. A. nansburgh of tho
schoouor Olivo Pockor, which
sailed from lioaton on Juno 21,
havo been murdorcd by tho crow.
Tho vcbsoI was aftorward bumod,
but tho crew nscaped from tho
vessel ami luudod at Bnhia.
iU&U, ffift, Ate it, h'feti. - iulf
A petition, to bo presented to
the Brown corporation, is boing
circulated among tho alumni of
the university, asking that the
trustees "tako that action upon
tho resignation of President An
drews which will effectually refute
tlio chargo that reasonably liberty
of uttoranco was or ever Ib to be I
denied to any teacher of Brown I
it is reported mo present mum
hers of tho piano mauufauturiug
firm of Stoinwayit Sous, New
York, havo consummated a deal
whoreby the extensive business of
the concern passes into the hands
of an English syndicate Tho
price paid was 6,000,000.
Controller Eckels of tho Treasu
ry, addressing tho bankers' con
vention nt Detroit, characterized
tho American currency systom as
a thing of shreds and patches.
Among needed remedies he'gavo
first placo to the final adoption of
the gold standard.
Tho preliminary injunction
against tho striking miners has
boon made permanent at Pitts
burg; In consequence the strikers
aro demoralized and tho operators
on top. It is said tho mines will
be reopened. At Cleveland it is
predicted that tho forcible roopon
ing of the mines, with Pinkerton
men protecting the non-union
workmen, will produco a climax
of bloodshed. One hundred and
ninety Montana campors were
arrested at Fairmount, West Vir
ginia, for marching, which the
judges claimed was a violation of
his injunction. Public sympathy
is with tho miners and there was
more likelihood tho last day of a
general laying down of tools than
at any time since the strike began.
Seals me repotted a scuruo in
A test case will bo roado of the
clause in tho Dingley tariff bill
imposing a discriminating duty
of 10 per cent on goods brought
in through cjanada from other
countries via the Canadian Pacific
Mrs. Bchofiold, Irving Maun
and Dutchor stand confessed of
tho murder of Mr. Schofield in
Santa Clara, Cal. The woman
says tho crimo arosofrom her hus
band's ugliness at her refusal to
consent to a proposition he made
to burn their house for $700 in
surance It is reported from Atlanta,
Goorgia, that General J. G. Long
streot, the most prominent living
Confedorato veteran, is engaged
to bo married to Miss Ellon
Dortoh, a newspaper woman and
Assistant Btato Librarian.
John Cowles, curator of tho
Royal Geographical Socioty, Eng
land, believes Prof. Androo has
failed in his attempt to reach the
.North Pole by balloon.
There is great excitement over
a most extraordinary state of
affairs on board the british battle
ship Royal Sovoioigu, which is
about to sail from Portmouths for
three years' servico with the
Mediterranean squadron. The
relntions between the officers and
seamen are acutely Btrained. Tho
latter declaio that they are suffer
ing from a variety of serious
grievances, among which especial
ly objectionable is tho deferring
of tho usual lsavo. Filty raon
have deserted, all the colls on
board ship are full and the sup
ply of irous is not sufficient for
the large number undergoing
A girl has died in London hav
ing symptoms of Asiatic cholera.
Lady Henry Comorset has
withdrawu her resignation of tho
presidency of tho British Womon's
It is Baid some old-fashioued
Tories aro plotting to down Mr.
It is Borai-officially announcod
that the Italian Government has
decided to abandon thn nntirn
Italian colony of Erythrca, on the
Rod sea, oxcopt Massopa, and is
negotiating for a trnnafor to Bel
gium. Angiolillo, tho assassin of Pro
mior Canovas of Spain, was to bo
oxecuted by tho uurroiu within a
day or two.
- ' v cflfaffi
An accident to tho Hamburg
express, causing the )us of throo
lives, is suspected to have boon
caused by an attempt to wreck
Emporor William's train, that
passod along six hour before.
Prince Henry of Orleans has
fought hit duel, but with thn
Count of Turin instead of Gen
eral Albortone, who kindly gave
the Count precedence. Tho
Count made a fierce attack and
brought tlu Frenchman down
with u serious wound in thu ab
dotneu. Neither showed his usual
skill with tho sword. The Pope
has excommunicated tho pair of
Peace negotiations aro at a
standstill because Lord Salisbury
will not consent to a Turkish oc
cupation of Thessaly pending a
partial payment of indemnity.
Bulgaria has an alliauco with
Turkey, which will give hor 10,
000 Turkish troops iu eaee of
trouble. "Prince Ferdinand would
rather kiss tho hand of the Sultan
than " abuse himself before Eu
ropo," the Bulgarian Premier
Tho'Duko and Duchess of York
are visiting Ireland aud being
After President Faure left
Paris for Russia, which he did on
the 18mTliuet., a bomb exploded
on thri, route tho President had
followed. No damage was done,
aud nobody was hurt, but the
episode caused great excitement.
The police dealaro tho bomb was
uot aimed at Faure.
Armenians aro charged with a
series of bomb explosions in Con
stantinople. One man was ar
rested at the Ottoman bank while
trying to ignite a paokngo of ex
plosives. Emperor Nicholas declines to
interfere in the snarl between
Austria aud Bulgaria.
The British Association for tho
Advancement of Science is moet-
int! at Toronto. About 1G00 mem
bora are presont,
M. P.. author of
is tho president
The revolt of religious fanatics
in the State of Bahia, Brazil,
which begau iu Decomber last, is
becoming very Berious, despito the
Government's persistent efforts to
It is announced at Simla that
tho whole frontier seoms to be
aflame. Tho Afridis aro march
ing through tho Khyber pass up
on Jamruu, wuue mo uraKgais
are advancing by Kurram and aro
threatening Samana. If tho Afri
dis rise generally the British
forces will do compelled to tern
uorarilv abandon Luudi aud
Kotal. Tho force of Indian aud
.British troops under command of
General Blood is now iu camp at
French troops were surprised
by robnls in the Soudan, but came
out victorious in thu latost scrap.
News of fighting betweon the
French aud Siamese is continued.
Spain aud Peru havo couoluded
a treaty to settle any cuspuies
thoy may havo by arbitration.
Poru has settled with the Unit
ed Stales and ureat Britain both,
for illegal treatment of sailors ar-
rosted for disorderly conduct.
Portuguoso troops surprised
robols .in Africa and killed 23
ohiofs and 300 men.
Promior Laurior of Canada and
Lady Laurior visited tho Pope,
who questioned Sir Wilfrid about
Canadian affairs gonorally and
the Manitoba Bchool question in
Tho steamor Bolgica left Ant
worp with tho Gerlaoho Antarctio
expedition on tho 10th. Great
crowds suw hor off, and tho U. S. S.
San Francisco saluted tho steamor.
A TUEAHUltE IHLANU.
Tho Cocos Island treasuro seek
ing UApuJniuu iu Ilia euhouliut
Aurora bus returned to Victoria
with nothing but stono ballast,
llaitford, uu American who hud a
concession from Costa Rica to
search thu island, cauio back ill
Continued on Mh I'mje,
IT IS UNCONSTITUTIONAL
sunn: i.iro.Mt'. tax ait it
xouxcr.n to hi:.
Juslln- I'rrur IIUwpmI1) iroin Dm .11
Inrlly of llio Court
Uy a majority decision of tho
Supremo Court rendered todny,
tho Iucomo Tax Act ot 189(5 is de
clared to be unconstitutional.
Chief Justice Judd writes the con
trolling opinion, of which tho fol
lowing is the syllabus:
"An Act ontitled, 'An Act to
provide revenue for the Govern
ment by tho assessment and col
lection of tax on income,' held to'
be unconstitutional and void, on
the ground that Section 1 of the
Act imposes the tax in violation
of Article 11 of tho Constitution,
which requires that taxation must
Thero voro two petitions for in
junction against Jonathan Shaw,
Tax Assosssor in Chief, to res
train him from collecting tho tax.
One was by James Campbell, a
wealthy individual, indicating ten'
points of unconstitutionality in
the Act. The other was by
the Honolulu .Iron Works Co., a
corporation, giving fourteen
reasons why the Act' should bo
declared unconstitutional. De
murrers wero presented and
argued to both complaints, which
being overruled by the Court the
Act is mado null and void.
Second Associate Justico W. A.
Whiting concurs in tho decision
by writing as follows:
"I agree with the opinion of the
Chief Justico in so far as it de
clares the law unconstitutional as
being iu violation of Article 11 of
the Constitution, for the reason
that thero is an unjust discrimin
ation in the imposition of the tax
on incomes ovor 81000 without
tho allowance of the exemption
given to thoso having a less in
come. Tho exemption of $2000
of income from taxation ought to
be allowed to all, in order that
each momber of Booiety may bear
his proportion or snare of the
burdens of taxation. The Legis
lature may classify the objects of
taxation, but when classified there
miiBt be no discrimination.
I am of opinion that tho
division of the income un
der Section 1 of tho Income
Tax Act of 189G into $2000, $2000
$1000 and $4000 and over, is not
classification of objects of taxation.
I also agree that the whole Act
falls, and tho demurrer should bo
First Associate Justico hrear
dissents at length from his breth
ren. His conclusion is as fol
lows: "So far as tho throe pointo dis
cussed aro concorned, I cannot
find that tho Legislature has pro
ceeded arbitrarily or without real
grounds for classification, or witu
any other purpose than to equalize
the burdens of taxation. The tax
is uniform upon all thoso within
each class. With thovutious pro
visions of tho statuto so Tar as
questions ot policy aio concorned,
tho Court haB notuini: to do. Tho
strong presumption is that the
Legislature acted within its con
stitutional power and that pre
sumption has not been overcome.
I have treated tho subject at such
length because ot its importance."
"Tho three. pointa referred to"
quoting Justice Frear's words
"aro (1) tiio $2000 exemption or
tho discrimination between in
comes over and under $2000, (2)
tho partial oxoraption of incomes
uudor S1000 or tho discrimination
botweou incomes ovor and uudor
$1000, and (3) tho non-oxomption
of corporato incomos or tho dis
crimination betwfon individual
and corporate incomes." Tho dis
Bonting Justico procoeds to dis
cuss w bother thnso discrimina
tions aro unconstitutional, finding
iu tho negativo us ubovo Bet forth
iu his conclusion.
Section 1 ot tho Acl in question
iu ns follows:
"Sootion 1. From and after
tho first day of July, A. D. 181)7,
thero shall bo leviod, aHscsed,
collected and paid annually upon
the gains, profits and income de
rived by eory person residing iu
tho Republic, and byeverv person
residing without the Republic,
from all property o tied Mini every
business, trade, profession, em
ployment or vocation carried on
iu tho Uepublie, wherever resid
ing, a tax of one per cent, on tho
amount so derived; provided
that when thn gains,
rprpfUs or income ot, any biich per
son wno resides wuuin 'lie no
public, or of any servant or oflicor
of tho Republic wherever residing,
shall not have exceeded the sum
of Four Thousand Dollars for tho
preceding tuelve mouths, only bo
much of such gams, profits or in
come as exceeds the sum of Two
Thousand Dollars shall be liable
to such tax, and the tax harniji
provided for shall be assessed by
the assessors and collectors for
the time being for tho several tax
divisions of tho Republic, and
collected and paid upon the gains,
profits and iucomo for the. year
ending the 30th day of Juno next
preceding the time for lwyino,
assessing, collecting and paying
the said tax."
And the 10th Article oftho
Constitution divided into two be
tions, declared to bo violated byx
Section 1 of the Act, reads thus:
"Sec. 1. No subsidy, duty or
tax, of any description, shall bo
established or levied without the
consent of tho Legislature; nor
shall any money bo drawn from
the Public Treasury without such
consent, except iu the tuannor
directed by this Constitution.
"oeo. U. Jach momhor nf so
ciety has tho right to be protected
in the enjoyment of his life, liber
ty and proporty, according to
law; and, therefore, ho shall bo
obliged to contribute his propor
tion or share to the expoqdet'of
this protection; rind to.igiwiUu'H
personal services, or an equivalent,
when necessary as may be provid
ed by law.
A. S. Hartivell and Kinnoy &
Ballou for the petition; A. G. M.
Robertson for the Tax Assessor.
Win. I.. Irwin I ObI.
W. M. Giffard told a reporter
this morning that he was in re
ceipt of a lettor from Wm. G,
Irwin iu which he stated that ho
was out for tho first timo on the
day of writing. On tho next day
ho was to go to San Rafaol to ro
main some weeks and regain his
lost strength aud flesh. Mr. Irwin
said nothing as to when he expect
ed to return to Honolulu.
Nice four-year old riding
horso, with saddle aud bridlo, for
sale. Inquire at Hotel Stables
or of Q. H. Berrey, 210 King
Thoso desiring to enter thn
Kindergarten Training School in
Soptomber should apply at onco
to Mrs. Harriot Castlo Coleman,
CC0 King streot.
Highest Honors Wortd'5 Fnir.
Gold Medal, Midwinter Fair.
MOST PERFECT. MADG.
A puro (Irutie Cruain ot Tintor I'owilor.
Froo from Ammonia, Alum r nuy utlrar
lulalterant. Ill all tlio KU'.U Hotol Vlio
lcuilhif! ClaliH anil tho luiuiew, Dr. l'rlc h
Cicuiu linking I'o'.vclcr hoktu Uu kaproaiu y.
40 Years the
AOKSTH, liO.NOl.ULf, II. I