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title: 'Evening bulletin. (Honolulu [Oahu, Hawaii) 1895-1912, December 28, 1898, Image 1',
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I 'Ly "OW thQt yU are actuated y malice and swayed by passion in dealing with me.-George A. Davis, in Contempt Case
With Those Who
Those Who Trade With LIVE Bulletin ADVERTISERS are not only ACTUATED to Get BARGAINS.
But They OBTAIN Them.
. it j Yoii. V. No. 1103.
HONOLULU, H. I., WEDNESDAY, DECEMBER 28, 1898.
PltlOD 5 Obnts.
They are Actuated ylBBt
by u Desire ' H
to Obtain the ''aS
i , ti
. '- 'L
ThatVwhat we claim to be, with
our big stock, big, busy store and
We'll be ready for your
Order, when you recover from "the
stuffing administered recently. We
anticipated both the Xmas and INew
. Year's Feast Days in recent addi
tions to our stock, and have in
reserve, for New Year's trade,
' ', almost a complete duplicate of what
I i' you found with us last week.
, ' J.T.WATERHOUSE
QUERY TO MR, SEWALL
Private Letter About Tariff Is
Want to Know About Report Hade to Stale
Department HoTement Headed by For
eign Firms Hot Presented Yet.
It has transpired that a joint
lottor from Bevernl of the large
importing houses bas been writ
ten 'to lion. Harold M. Sowall,
Special agont of the United States,
with regard to a statomont pui
portod to havo boon made by him
in a report to the State Depart
ment. Tho statement in ques
tion is contained in a Washington
dispatch of Oetobor 29 published
in tho BtJLLETIV nf Nnvnmhnr 7
and is as follows:
"Mr. Sowall savn lin Imn hnnn
credibly informed bv ITawniinn
morchants that imports are bomg
mado with tho exnress nnrnnan of
proQting by tho new tariff, bat
that ho docs not (loom it winn in
givo the numos of importois."
xno managing director of one
of the signatory corporations an
swered a reporter's quostion by
saying that, if there were such a
letter in circulation, it was in tlm
naluro of a nrivato communication
to Mr. Sowall. Therefore he
could say nothing about it at pre
sent. Tho head of another lorrro im
porting corporation also referred
to the document aB bemc thus far
private. It had boon roprcsonted
in a Washington dinnntnli Hint
thnro was a concerted dan of im
porters in Honolulu to import
largo quantities of goods for
re-exportation to tho United States.
Tho letter denied all knowlodgo,
on tho part of tho signers, of any
such schomo of gotting ahead of
the Amorlcaif tariff. Ho know
there was talk abroad to
tho effect that only a cortain
other houso and bin own
woro taking this action with rognrd
to tuo Washington advicos. This
impression was altogether incor
rect as tho imnortorfl of fnrnirrn
goods generally woro interested in
setting thomselves right on tho
A leading momber of ono of tho
houses sicninc tho lottor to Mr.
Sowall, in answor to a question,
said that its tenor was an inquiry
of Mr. Sowall aB to tho namos of
dio importers who were loading
up with foreign goods for the pur-
poso of profiting by tho United
States tariff whon it was extended
to the Hawaiian Inlands.
Tboro is a livolv discussion in
mercantile circles toddy, by way
of speculations ns to when tho
American tariff will be oxtondod
over tho islands. Somo say it
will be the very day the Act of
Congress ranches Honolulu, and
that instructions to that effect.
with a Unii-d State otlpotor's
commission, will no 'am puny tho
Aot in the uilicial mail. Oihorn
sav notice of thirty days after the
President's signing of tho Act
will bo givon. And so on.
Tho Konoura Maru is off port
as tuo liULLETiN goes to press.
She is a Japanese tramp stoamor
from Yokohama with both immi
grants nnd freight for this port.
Tho Konoura Maru comos con
signed to T. H. DavioB & Co.
Royal male tb foot pui't,
wboUwmo and dallclMj.
itovi nuwa Eowpf a co . nrwtomt.
MR. DOLE'S MINORITY REPORT
Objects to Power Given Governor
by Territory Bill.
Wants Constitution 6f the Republic More Closely Copied
Counselors for the Governor Asked,
Following is tho fall text of Mr.
Dolo's minority report, offered as
a membor of thoHawaiian Com
mission: With tho exception herein stated,
I substantially indorsa thn mninri.
ty roport of the commission.
It has boon a matter of sincero
gratification to mo that its work
has been tllion nnnnnrvntivn linna
and that tho Hawaiian civil sys
tom the result oE sixty years of
growth haa boon so slightly af
fected by its conclusions.
I havo, howover, beon compollod
to differ from my associates in ro
tation to certain features of the
oxocutivo power of the Territory
as rocom mended by them.
Tho political troublos of tho Ha
waiian community, culminating in
tho down full nf Hin mnnnralm
woro mainly duo to tho porsistont
rn. ..- : " : i-
acquiro unlimitod personal powor.
linon llin nrrynni7ntinn nf Mm
Republio of Hawaii groat pains
wore taken to oliminato tho possi
bility of a return of such source of
.r. ' 1 ""-"'""" " ""
puuno uangor. Tho experience
gained in tho adminitration of tho
I'rovisional Uovornmont was of
groat assistanco .in working
The system adopted placed the
oxecutivo power in a' council of
five persons, mado ud of tho nrn.
sidont and tho heads of the four
oxooutivo departments. Action by
utivo departments. Action bv
lUn .Mn..i: !l ;
tuu cioouiiiu uuuuuii ruqmruB a . .uuuu.iv iu uu uouu
majority, including tho prosidont's ,eroions.
voto. Tho hoads of tho executivo i- Tho feature of tho proposed oxo
dopartmohts aro tho constitutional jcutivo Btatus, it will bo seen, might
advisors of tho prosident nnon I oxposo tho governor to influences
quostions of public policy, np -
pointments, and other mattors of possiuiy to great and constantly
importance, and aroappointod and i recurring tomptations to subordi
romovod by him, with tho approv-. nnf' public to privato interests,
al of tho sonato. Tho president The provision of tho Hawaiian
and threo members of tho cabinet system which compels tho prosi
moy romovo tho fourth mombor. dent to consult his constitutional
Tho hoads of tho exooutivo depart- j advisors lessons this dangor.
monts havo the appointniont and Bosidos, this beneficial result of
romoval ot tno noads o tuo execu -
tivo bureaus in their rospoctivo
denartmonts. Bubiect to thn nnnrn-
val of the nredidont Thn hnmln
of tho bufeaas have tho appoint
ment and removal of their aubor.
dinato ofDcors, subject to tho ap
proval ot tuo hoadB of tho donart-
ments to which thoir rcsp?ctivo
It was COQBldorod imnrnntinabln
to hold an xecutivo officer respon-
OIUID 1UI 11117 auuucBtuui UUIU1U1H-
tration of his doDartmnnt or ln.
rpau without giviug him substan
tially tuo selection ot nis immedi
This SVStom hnn wnrknil nnlln.
factorily, giving tho govornment
tno conuuonco ot tne publio.
wniie, witu some misgivings, II " i""D juuBuiuut 01 ono
havoassontod to the provisions of !mRn' anft9.B'8tod savo porhops by
tho majority report, which place i ! . Pre8SlnB demands of copital
tho exooutivo nowor of tlw Tnpri.!1BtI,vud.oorPortions.
While, with some misgivings, Il
tory in tho hands of ono mdividu-
al and do away with tho exeontivo
M T . I i .
council, j. am uuauio to accept
thoSQ wlliah confer unnn tlm nnv.
ernor tho appointment of all sub-1
oruinaio omcors, anu wuioti, while
giving him tho appointmont of
hoads of dopartmouts, with tho
approval of tho Sonate, pormit
him to romovo thorn without suoh
approval, a powor not enjoyed by
tho President of tho United States.
Nor can I agroo to tho absonco ol
any provisions whatover limiting
or chocking the governor's exeou
tivo power undor the laws, except
ing as to tho approval of tho son
ato required in certain appoint
monts. Tho weight of thoso objettions
will bo hotter understood in view
of tho recommendation of tho com
missioners that tho legislature
shall hold regular sessions but
once in two yoars as heretofore,
which circumstanco would furn
ish tho govornor with tho oppor
tunity, if ho should chooso to uti
lize it, of romoving any or all
heads of departments immediately
after tho termination of tho rcgu
larsesBion of tho legislature and
filling tboir places with persons
whoso commissions would bo valid
Until the end of tho IlflTt nnnoinn
of tho senate, which might not oo-
cur ior nearly two years, liy this
means a govornor, acting within
his authority, could substantially
OYado the provision requiring
those appointments to bo approved
by tho sonato.
Porformanccs of like character
undor the monarchy aro too fresh
in tho minds of tho Hawaiian com
munity to permit thorn to contem
plate without dismay tho possibili
ty of a repetition thoreof.
1110 govornor, undor tho provi
i eions of tho act recommended by
thn nnmmi'eainn mill lmn 1
1 7 - '".."'""t. "" """ iuao
check to his administration of af
fairs than was tho case with tho
sovereigns undor tho monarchy,
excepting only in tho matter of
tonure of offico. Moreover, tbo
features of tho Plipitinrr T-Tnvrniinn
out civil system, which compel a cer
tain amouut of nublicitv in nil ml-
ministrativujicts, aro swept away,
o-nd Ihe govornor may act in abso
lute secrocy, or, if ho'shall bo so in
clined, with tho advice and undor
luo '""uonco or any persons b
(UO inilUOnco of nnv noranna lin
I tnnxr nlinnan it nlmif (A 1.1 .11M.
'"0'1"0 t tbo publio good, oud
' luo oxisung syBiom is tuo safo
guard that it guarantees to tho ad-
ministration ot publio affairs
through tho diminished liability
of tho best of men to mako mis
takes whon assisted by tho judg
ment of othors.
Hawaiian administration of af
fairs includes tbo conduct of a
land system which provides for
tho diBDOSal of tho nnhlin lnnrln in
different ways and in aroas vary
ing in oxtont and often of groat
value, which aro sometimes so
situated as to bo of pronouncod
importanco to tho publio interests
of ngriculturo and forestry.
It is submitted that it is most
dosirablo that tho consideration of
tueso quostions should not bo left
to tho nrivate lndirmnnf nf nnn
., tu,?,(i rott8D8 I recommend
IUq.1. the J?lH ro.Prted . "y the Ha-
iWflllnn (InmmiBa ATI n nivlnMrlrt1
wauan Commission lin nmnniWl
by tho addition of tho following
paragraph, to wit:
"Sec.. Tho treasurer, attorney
gonoral, suporintendont of publio
instruction, commissioner of pub
lio lands, commissioner of agricul
ture and forestry, and superinten
dent of publio works may bo re
moved by tho govornor, with tho
advico and consent of tho sonato.
"Tho govornor shall appoint tho
subordinate officers of tbo said
rospootivo headB of departments,
but only on the nomination of the
heads of thoso departments to
which said subordinate officers
Continued on Putjo 8.
I V .
DAYIS HABEAS CORPUS CASE
Qeorgo A. Davis tho attorney
was brought boforo tho Supreme
Court this morninc undnr n. writ
ot habeas corpus issuod by Asso-
cioto tiustico Whiting, as exclu
sively reported in tho Bulletin
yestorday afternoon. Chief Jub
tico Judd and Justice Whiting
constituted tho Court on oponing.
Mr. Davis, in answer to tho Chief
Justico, stated that ho appeared
for himBolf, and that it was his do
siro to have tho Court fillod. Mr.
F. M. Hatch was forthwith in
vitod by tho Chiof Justico to tako
tho Vacant seat on the bench.
Mr. Davis opened by roading
his petition to Justico Whiting for
tlm writ, in which ho denied the
jurisdiction of Judgo Porry sitting
at ohambors to Diinmli him fnr
contempt of court. Ho also de
nied Jho power of tho Judge to
commit him to prison until hiB
fino wbb paid, suoh a committal
boiu void in boing uncertain and
Attorney Gonoral W. 0. Smith,
appearing for tho marshal and tho
jailor, read, tho return to the writ.
It wns informal, simply stating
tho authority tho mittimuses is
sued by Judgo Perry by which
they dotained Mr. Davis.
Mr. Davis then moved for his
dischargo for reasons that ho pro
ceeded to expound. Thoso woro
amplifications of statements in his
petition. "Where a man's liberty
is taken away under tho Hawaiian
constitution, undor tho Amorican
constitution, under tho unwritten
constitution of England, which
had corao down from Magna
Cbarta, it must bo undor duo pro
cess of law. Whoro a Judgo de
parts from tho statute ho exceods
his jurisdiction. Mr. Davis road
tho law of contempt and told the
Court:. You connot construo that
section strictly when a man's
liberty is in question. Ho quoted
from Hurd that it was not safe to
entrust a Judgo sitting at Cham
bors with tho power of com
mitting for contempt. Tho Amor
can Cyclopedia of Law defined
"chambers" as a Judgo's placo of
business. A Jndgo at chambers
was "not a court formally in ses
sion" or "clothod with the moior-
ity of a court,"
Tho first sentence, to bo impris
oned until his fino should bo paid,
was void bocauso it was indefinite.
"Sapposo I havo not the monoy, I
havo to stay in prison during tho
will of tho Honorablo Antonio
Porry, First Judgo of tho First
Circuit of tho Hawaiian Islands!
You will oxcuso mo if I suoak
warmly and am trying to cet out
of jail, and am a little anxious
although,! am not as anxious as 1
Mr. Davis produced a numbor
of authorities in further argumont,
and was quiokin retorting law for
law, to interpellations from tbo
bonoh and tho Attorney Gonoral.
Once, whon tho Chiof Justice ask
ed if such and such wore not tho
law, Mr. Davis replied: "No; it is
law whon spoken by you, but it is
not tho law of this book" flour
ishing a, volumo in his hand. Ho
characterized Judgo Perry's course
in calling him into tho room.whoru
"ho tried to clotho himsolf with
tho majesty of a court" by having
two policomon and a stenographer
present, to got tho speakor "into
troublo," as tho "coolest proceed
ing" ho had ovor soon' iu his liio.
In conclusion Mr. Davis said:
"I leavo tho caso with this honor
able court, fully bolioving'that I
am right boforo Qod. I boliovo I
was right up to that timo whon I
recoivod tho first sentouco, and as
for my indiBcrotion after that I
deem I was wrong. And I am
willing to pay tho ponalty, aud
I havo paid it, for it is not vory
ploasant to bo in jail and away
from ono's family in tbeso days."
Tho Attornoy General replied,
q'uotingstatutQry and judicial au
thorities to provp Judgo Porry's
At tho conclusion of tho argu
ment tho Court . took , tho matter
under advisement, releasiug Mr.
Davis ou $250 bail ponding the
u-iafti "u- ruin.uiu- -
Reorganized church of Jesus
CHRIST holds meetings as follows In
MillLinl Hill, renr of Opera House: Sunday
ip a. m. Bible class; n a. m. preaching in
Hawaiian; 6:30 p. m. preaching Hawaifan;
7:3 P. m. preaching In English ; Wednes
day 7:30 p. m. prayer meeting.
BILL TO EXTEND LAWS
Tho following bill relating to
tho oxtonsion of tariff aud ship
ping laws to Hawaii was intro
duced in the Houso of Represen
tatives Dec. G by Congressman
Payno. A similar bill was intro
duced in Sonato by Senator El.
To extend tho laws relating to
ouBtoniB, commorce, and naviga
tion ovor tho Hawaiian Islnuds
ceded to tho United States.
Po it onseted by tho Senato
and Houso of Representatives of
tho Unitod States of America in
Congross assembled, That tho
laws of tho United Slates rolatiug
to oustoms, commerce, nnd navi
gation aro horoby oxtonded to and
ovor tho island of Hawnii nnd all
adjacent islands and wntors of tho
islnndB ceded to tho United States
by tho Government of Hawaii aud
accepted by joint resolution of
Congress, npproved July sovonth,
ojgbteen hundred and ninety
eight, so far as such laws may bo
Sec. 2. That thero shall bo in
the coded ielauds ono collection
district, as follows: Tho district
of Hnwaii. to onmnriun nil tlm al.
7 - wm -- 'uw 1 a kuyj AOA
nnds coded, as aforesaid, in which
nonoiuiu snail bo tho port of en
try; and thero shall bo in said
collection district a collector of
customs, who shall reside at Ho
nolulu. Soc. 3. That tho Commission
ers of Navigation may mako such
regulations as ho may doom expe
dient for tho nationalization of all
vessels owned by actual rosidonts
of tho islands cedod, as aforesaid,
on tho seventh day of July,
oighteon hundred and ninoty
eight, nod which continued to bo
so owned up to tho dato of such
Seo. 4. That tho coasting trado
between tbo islands aforesaid and
aUV otlinr nnrtl'nn nf tlmlfm'frwl
States shall be regulated in accor
dance with tho provisions of low
applicable to such trado betwoon
ony two great coastiug districts.
OI1D Fi:i,I,OWH IIAMIUIST.
Installation of N,rly i:lrCr,l Olllcr
f Harmony I.oilutt.
At its regular moeting next
Monday ovnning, January 2, 1899,
Hnrmony Lodge, No. 3, 1. O. O.
F., will install with interesting
rites its recontly-olected officers.
After tho installation Uiobo
prosent will gather around tho
banquet board, and wit, eougand
story will effervesce in coasoloes
All sojourning and visiting
brothors nro moat cordially invit
ed to attond. '
On Saturday, Dec. 31 at 12
o'clock noon, Job. F. Morgan,
New Honolulu's auctionoer, will
sell at his snlosroom on Quoon
streot, fifteen shares of 0. Brower-.
& Co.. Ltd.. beillL' thn frnnlinnnl
shnres of tho new issue of Btock.
aoo Morgan's Auction Soles, pago
Highest Honors World's Falr
uoia meani, midwinter Pair.
A Pure drape Cream of Tartar Powder.
40 YEAP.S 779, STANDARD
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