Newspaper Page Text
-wrrT spqrmllw" Wp
The New Liner Nippori-Maru is in Port.fe
She Speaks for
All the Forces of the Orient and Occident Add to the PROGRESS of American Honolulu.
HONOLULU, H. I., TBI DAY, JANUARY 0, 1899.
Piuob, 5 Cents.
I jjjmif " - t. w
I ) Vol. VI. No. 1111.
v I 2) '
t iff Tft
-ahr iiv n
: ) II'. - I .
! ' La , V
, i N G '
.f u c
if L E
v. u r
ff - 'S 8
r i' .
- : ,i -
That's what we claim to be, with
rfpur big stock, big, busy store
' ifp-to-date methods.
" Wq -are ready for
Orders, when you recover from the
stuffing administered recently. We
Anticipated both the Xmas and New
Year's Feast Days in recent addi-
lions to our stock, and have in
Vr . ....
reserve, tor your trade, almost a
complete duplicate of what you
found with us last week.
MR, FRYE AND THE TREATY
Talks Yery Plainly on Duty
If Insane, Can Give Back to Spain -If Fools,
Can DlTlda the Islands Among
Wttfibincton. December 26.
Senator Frye talked, today to a
Star roportor with respect to the
conditions attending and resulting
from the pence negotiations. In
regard to tbo frequently repeated
statement in press dispatches that
the sentiment of tbo powors, with
tho Oicoptiou of England, was
opposed to the Unitod States and
looked with diBfavor upon the at
titude of this Government in deal
ing with Spain, Senator Fre
said: "I saw no evidence of such
sentiment existing outside of
France, and in Franco that.eenti
ment appeared to be' confined to
the prois, which' does not reflect
tho sentiment of the nation nor
the people generally."
"What has beon published with
respoot to tho treaty of poaco
seems to indicate, does it not, that
this Government is not committed
by theso uegotiations with re
spect to the futuro disposition of
tho .territory, the Spanish sover
eignty over which has been relin
quished?" "It indicates vary strongly that
this Government is not coramittod
in any way whatever with,respect
to the disposition and government
of theso islands. If wo a in
imne enough to do so, we might
give them all back to Spain after
the ratification of the treatyf ' If
we wore fools, we might divide
them up among the other foreign
powors. The whole matter is left
in tho hands of Congress. Con
gress can make any disposition of
the islands it sees fit."
Dropped D'ml In tho Street.
The body of Wm. .Brown, was
taken to tho police station at about
7 o'clock this morning, shortly
aftor his death at the fishmarket.
Brown was seon by several
natives to fall on the sidewalk at
the fishmarket. They ran to his
assistance immediately. Tbo dy
ing man said there was a pain in
tho region of his heart and in a
few soconds after, fell deach
Dooeased bad been suffering re
cently from epileptic fitb and
heart diBoaso and had on that no-
count beon unable to work.
When tho facts had been inves
tigated by Deputy Marshal Chil
ling worth, it was decided that
thore should be no inquest. The
body was removed to tho house a
Mr. Kumt Back Again.
Mr. G. Eunst who returns to
the Islands about once in every
year, camo by tho Nippon Maru
this morning. He has been in
the Orient for eovoral months and
comes hero to spond three months.
While in Hongkong Mr. Euust
eaw Boveral Honolulu peoplo and
found them all well.
Hade from Pure drape Cream
Majority of Supreme Court Declines to Take
Jurisdiction in Chinese Habeas Corpus
Ca6es--Chlef Justice Judd
"The writ issued herein should be
discharged for lack of jurisdiction,
and the petitioners should be re
manded to the custody of respon
dents, and it is so ordered."
The foregoing is tho conclusion
of a majority opinion of tho Su
preme Court, delivered by Judge
Antonio Ferry, Bitting as a substi
tute Justice, at an open session
this morning. Associate Justice
Whiting appended his concur
rence to tho opinion. Chief Jus
tios Judd writott a dissenting
opinion, attaching thoreto his de
cision, sittiog by himsolf, on a
previous similar case.
This opinion of tho full court
establishes that, after tho approval
of the Nowlands Resolution by
Prosidont McEinley on the 7th of
July last, there could bo no lawful
immigration of Ohineeo into the
Hawaiian Islands, ozcopt upon
suoh conditions as wore then, or
might thereafter bo allowed by
tho laws of the United States.
The decision is upon three pe
titions for writs of habeas oorpns
made by Chinese passengers
brought into the port of Honolulu
from China by late steamers. It
was alleged by tho petitioners
that they wore restrained of their
liberty, refused permission to land
in tho Hawaiian Islands and,
moreover, threatened to be sent
baok to China in the vessols that
brought thorn to theso shoros.
Also, that they wero thus being
treated by F. B. McStocker, Col
lector General of Customs, and
Joshua E. Brown, Inspector
of Immigratiou of tho United
States Treasury Department.
Theso officials wore the respon
dents to the writs.
Judgo Perry did not road his
opinion in full, as it is exceedingly
voluminous with the pleadings
and citations of authorities. All
bo read was the following sylla
bus, giving an epitome of tho law:
"Every sovereign nation has tho
iuheront right to deny to aliens
the privilege of entoring its terri
tory and oven to expel them there
from. "It is also the right of every in
dependent state to proscribe tho
conditions upon which it will ad
mit aliens into its territory, aud
further to revoke at will a perrais
sion or license already granted to
an alien to ontor, aud this, too,
without notice to such alion of its
intention to thus revoke the
"The Joint Resolution passed
by tho Congress of tho United
States on July G, 1893, relating to
the Annexation of the Hawaiian
Islands, provided, inter alia, that
'thore shall be no further immi
gration of Chmeso into tho Ha
wauan Islands, oxcept upon such
conditions as are now or may
hereafter be allowed by tho laws
of the Unitod States.' Held, that
by virtue of this provision tho
Unitod States laws rotating to
tho immigration and oxolosion
of Chineso woro extended to and
put in force in tho Hawaiian Isl
ands, and. are now in forced in this
country; and, further, that Chi
nese, whether rosiding in this
country or not prior to July 7,
1898, to whom permits to enter
the Hawaiian Islands woro issued
priorto said date by tho Hawaiian
Govornpont, are not exoepted by
tho Resolution from tho operation
of said United Statoa laws, but
aro also subject to tho provisions
"This Court is not a Court of
the United States and baa no jur-
Clause of 'Newlands
sdictioh, in habeas corpus nro-
ceediugs or othorwise, to pass
upon tho validity of the appoint
ment of a Federal officer 'or tub ox
tent of his powers under Federal
laws or tbe legality of the deten
tion by him under suoh laws of
persons who claim to bo illegally
in suou custody."
Following is tho dissenting
opinion or tho timet Justice
"While asreeipg with many of
the principles of law held in this
case bythe majority of tbo Couit,
I am still unable to agree with its
conclusions, and respectfully dis
sent, especially on the subject of
the jurisdiction of this Court in
passing upon Federal questions.
I am of the opinion that until
Congress had provided for a Fede
ral Court in these islands, wo must
meet and decido all questions of
law tuat are pronerlv brounht bo-
fore us. Any other view woulS
dopnvo our courta of much of
their jurisdiction, as, for examplo,
tuat iu Admiralty, which is by
United States statutes vested sole
ly in United States courts. I ad
hore to ray view as set forth in mv
opinion in tho matter of tho appli-
cntiou ot Aiona and others for a
writ of habeas corpus decided on
tho 15th of December, 1898, as
heroinbelow sot forth."
Magoon & Silliman, Robertson
fc Wilder and Humphroys & Gear
forpotitionors; W. O. Smith, At
toruoy GonornI, and Thurston &
Cartor for respondents.
Mr. Smith, aftor the rendering
of tho decision, referred to eight
other pending writs of tho samo
nature. Mr. Robertson said ho
would not like to say anything
about othor cases in which ho was,
rotained until ho should have
road tho docision. A bearing was
theroforo appointed for 10 o'olook
tomorrow morning, tho under
standing boing, howevor, that if
furthor pressed by petitioners the
mattors shall not bo heard on tho
merits until tho opening of tho
spooial torm next Monday.
NEW PAHTOlt AIIUIVKD.
Gardner t Take Charge
Christian Church In February.
Rev. W. A. Gardnor, wifo and
family arrived in tho Alameda
yesterday. Mr. Gardner oomos to
assurao tbo pastorato of tho
Christian church in Honolulu, in
succession to Rov. T. D. Garvin,
who founded that body in this
piaco. Ho will probably bogin
his pastorate the first of February.
Mr. Garvin's intentions for tho
futuro aro not as yet decided. Ho
is not, howover, going to tho Aus
tralasian colonies as was at one
time under his consideration. Mr.
Gardnor, tho now pastor, has lat
terly been in cbargo of the West
Side Christian church of San
This is tbo regular
night of tbo Scottish '
Club, as may bo Boon
Fraternal Directory on
pace. Tho officers for
year are: Ueorgo Li. Uall, chief ;
David tlaughs, chioftain; Alex.
Eennody, secretary; J. Harris Mo-
Eenzio, treasurer; A. Murray,
Ulrth In Clnarantlne.
Thoro was ono birth among tho
Japanese at tbo quarantine station
ths morning. Jack MoVoigh has
namod tho infant "Mauliola-Stop."
EDUCATION IN HAVANA
Inhabitants Fail to Appreciate tbe
Spanish Office Holders Read; to Remain-
Others are Satisfied to Sit By and
New York, December 29. A
dispatch to17 tho Tribune from
Havana says: Educational work
fc'mongboth Spaniards and Cubans
promises to bo ono of tho first
tasks whon Amorican military
control is established.
Noithor class as yet fully under
stands its relation to tho United
Statos Tbo Spaniards are satis
fied with tho assurance that their
property will be safe and that or
dor will bo maintained so that
hnnimRH will nnt lio intnrrnntnrl.
I'hat they would bo asked to sharo
in tbe responsibilities of eovrrn
mont under American military
control has not boen mado plain
to them. They havo assumed that
everything would be turned over
to tho Cubans.
With tho military authority
baok of it, thoy hav& not worried
greatly over Cuban administration,
though thoy. may have misgivings
about its effectiveness. The Span
ish classes have not thought that
they would bo wanted in exeoutive
positions, and they shirk tbo idea
of such responsibilities.
This does not apply to the office
holding class, which has boen in
official place. Its members would
bo quite willing to remain. Their
retention would defeat the pros
pect of attaining the good govern
ment which tbe United States has
pledgod itself to give Cuba.
Most of them 'are too thorough
ly identified with tho past Spanish
system of corruption to be usoful
iu establishing a naw regime. A
different class of Spaniards will
be needed, as they can bo found.
An exact partition of authority
among tue American military
commanders does not seem to
have oiven thorn n definite notion
of their respective functions.
General Lee, as commander of the
Scvonth Corps, in Havana pro
vince, does not undorstand that he
has anything to do with tho mili
tary administration of Havana
city and apparently is glad to be
relieved ot that responsibility.
Gonoral Ludlow, as Military and
Civil Governor of the city does
not understand that ho hns any
thing to do with the collection of
customs duties by Major Bliss,
though ho hopos to have thoir dis
bursmentfor public improvements
That will bo essential. General
Ludlow's exporionco as an eugi
neor commissioner in Washington
will bo valuable though the pro
blems he will bavo to meet iu the
sanitation and tho policing of
Havana will be 1. different naiuro
from thosb at tho national capital.
Somo progress has alroady been
noted in oloaning the streets.
That is a temporary, rolief. A
more comprobensivo system will
bo necessary in order to insure
a permanent improvement.
While no uotails are civon, it-is
assumed that General Bronko as
supromo military commauder on
tbo island will promptly replace
tho maobinory of civil administra
tion which is now represented by
tho colonial Cabinet, by fomo
agonoy more in harmony with tho
The best thing that can happou
to Cuba will bo for tho cabiuet to
disappear completely on January
1. The members, or somo of
thom, aro willing- to stay.r Thoy
havo boen fixing their rolativos iu
offico on tho theory that thoy
would remain. But tbe cabinot
as a body is hated by tho Cubans
and distrusted by the Spaniards.
Tho public has no confidenco in
any of them.
Miss Hardwiok returned to Li-
huo yestorday aftor having spont
tho holidays hero with friends.
REORGANIZED CHURCH OF JESUS
CHRIST.-Servlces in Mlllbnl Hall, rear
of Opera House, next SunJay as follows:
io a. m. Sunday School ; preaching In Ha
waiian ll a. m. and 6:30 p. m. Preach
ing In English at 7:30 p. m. by Elder
U. W. Greene; subject, "Heaven, the
Home of the Righteous Where Is It?)
Who Will Go There? Is There More
Than One ?"
THE PLAINS FIRE STATION.
Bids for Erection to be Invited Prob-
Brewery License Granted Town Lots at
and Hook'na to be Advertised
for Auction Sale.
At last tho Eulaokshua Plains
aro to have the branch fire station .
their inhabitants long havo sought.
This morning tho. Executive Coun
cil approved tho .plans. Specifica
tions, will be prepared in about a
week, aud then bids will be iu
vited for erecting tho building.
Tho Council grnuted a brewery
liconso to Mr. Hocking's company
lately organized under the goneral
incorporation act. It is on the
terms of tbo license tothe defuuet
Waller brewery, vhich ore simply
those provided by law.
Two government lots on Ship
man botwoen Bridge and Front
Streets. H1I0, aro to be advertised
for Bale by public auction. A
small lot in the rising town of
HoukkUH, ono of tbe Koua cutfee
laudiugs, is to bo sold in tbo suiuo
Keauhou "nil Nornu.
The Keauhnu camo into port
late lust night with a full cargo of
Hauainaulu sugar. On her trip
to HanuniRulu she beat the Nociu.-'
The Noeau httited ou Tuesday
morning last, twelve minutes
ahead of tho Keauhoa aud (jot
into Hauainaulu only six minutes
abtad of tho latter. That gives
tho Koauhou the bost of it by six
When tho Eoauhou was about
fifty milt's away from Eiuai, a
small brown bird Uew aboird. It
is to be made the pet of the ship
iu case it liven.
No Trace f Antlrve.
New York, Docembor 2C. A
cable to the San from Stockholm
Bays: Tho expedition that wm
sent out by the Swedish Govern
ment in search of Andree, tho
Arctic explorer, who attempted to
reach tho North Polo in a balloon
and who has not since been relia
bly heard from, has returned from
Northern Siberia, wluro mouths
were spent in trtutless nitons to
learn the fate of Audred and his
Itrprlinanil In Court.
Justic-i Whiting teveroly re
primanded S. Iv. linn- ill.) attor
ney from tho Supr me Court
bench this morning, for having
altered records of the Court on
tile. The; case in which the
offense was committed wan a civil
omi in which Mr Euuo was him-,
self the defendant
Highest Honors World's Fall
dold Medal, Midwinter Fair,
A Pure Crape Cream ol Tartar Powder.
40 YEAPS TT -STANDARD