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SeiBESI V.,WSlT - r? v r "wjrv: fv?my.- "? T yaf "! M.jyou Want Your Children to Know the Meaning of THF fiaoi Evening Bulletin A Dollar, Or a Dime. Will Help the Good Work Along. ?1 ' Take a Share in the GRAND ARMY FLAG FUND! i, ,, Vol. VII. No. 1395. HONOLULU, H. I., WEDNESDAY, DECEMBER 0, 1899. Pbioh 5 .Gents. 3Si3 15 J? Cn i :. X ' 2' mat K . 1111 tfc .- lni ,'J & . GIGS mm Pertinent Points In His Reply to the Ha waiian Government Annexation Wiped Out Hawallan'Soverelgnty -- Hot 1 Shot For Delegate Hartwell. The text of Attorney General Griggs' k spends to Gon. A. S. Hartwoll's con tention for withdrawal of tho famous lund order, was received by tho Gov ernment in tho Alameda mall to day. As Is Itnown, tho Attorney Gen eral In this letter to President Me Klnler. reaffirms tho original mandate, roltowlng la n aummary of tho newest docment In tho case: The order waa based upon tho conclu HiJn that upon tho approval of tho reso lution of nnncxatlon thoso lands be came the property of tho United States and could bo dluposed of only In ac cordance tv lth tho laws of Congress. 1 am now 'put In possestson by you of n communication with accompany ing documents from Hon. Alfred S. Hailwcll, special agent of tho govern ment of tho Republic of Hawaii In Washington, wherein ho lequcsts, on behalf of President Dole, a reconsidera tion of tho exccntlvo order of Sept. 11, U99. It la contended that the resolution of annexation taken In connection with tho falluro of Congress to net on tho Island lands, show that It was Intended by Iho two governments that the Ha waiian government should continue, peniiug legislation by Congress, to nd mlnlstor its public land laws. (oro tho Attorney General quotes nt length from tho Joint resolution to show that complete cession of all the lands of Hawaii waa plainly mado and without condition or reservation and In tho clearest languago). "The languago expressly recites tho cession and transfer to tho United StRtca of tho nbsoluto fco and owner- , uhlp of all public, government or cruwn amis and of all otner puuuc piopcriy V t)f ctcry Wnd and description bclong- Ing to the government 01 1110 uawaiian tL Si Islands. ' 'l (cannot but think that tho repro fc sen tat I vn of tho Hawaiian government N ' litis f&llod to nppreclato tlu fact that tho Hawaiian Republic, ns a scparaio and sovereign power, ceased to exist m when tho resolution of annexation tool: -.rrA. Tf nvlatrtrl na nn nrrr'llll.nt CTrtV- ' Siscrnment only for tho purpose of niunl- ,dtf? clpal legislation within the well accept- ... .......In. nf .tin. nltnan nnil tnv Clioll special purposes besides ns weio ex pressed In tho resolution, tho salo and disposition of tho public lands not be ing of tho latter class. "The existing government of Hawaii cry clearly, by tho resolution of an nexation, partod with nil ownership of tho public lands of Hawaii. Indeed, It Is ecarcoly nn adequate expression of the fact to say that It parted with tho ownership, becnuso that government, ns a sovereign power, was dissolved nnd ceased to exist. Its public proper ty, Including lands, bocamo vested in tho United States and only by tho au thority or direction of tho United States could tueso lands bo disposed of. "Hawaii has not been mndo tho agent of tho United States In the matter of these loads, "Courts havo held It unsafo to per mit a ceding power to have any land dealings between tho date of tbn adop tion of a, treaty and tho dato of ratifica tion of the samo. This statement is inado in reply to tho request that sales or agreements made hero between Juno , 7 and August 12, 1899, bo conflrmed, I "The law of nations does not recog . nlzo In a nation ceding a territory the continuance of supreme power over it - nfter the treaty has been signed, or any other exercise of sovereignty than that . which Is necessary for social ordor ' ' and for commercial purposes and to licep the cession In nn unaltered valuo x until a delivery of It has been made." The Attorney General of the United - States speaks of flag day as a rather " minor occasion, so far as it may touch tho main Issue. "Exactly what tueso ceremonies were I am not Informed, except that they comprised tho lower ing of tho Hawaiian flag und tho run ning up of tho flag of tho United States In the presence of tho termor diploma tic representative of tho United States .In Hawaii and of the officials of the Ha waiian Republic." The ceremonies that v. oro perform ed on the 12th of August, 1898, were , , of tho agreement between tho two gov ernments, and It tho government of Hawaii can be considered to have par ticipated in thoso ceremonies then, un questionably, their action made the ef fect of the resolution relato back to tho date of Its adoption and required that it should be given effect in accordance with Its languago, which related to tho date of Us adoption rather than to tho date of the subsequent ceremonies. Nothing Is said In tho resolution aa to nny formal delivery or any further bolemnlty for the purposo of transfer ring absolutely the tltlo to tho United States. Tho resolution assumes that tho annexation was comploto with tho adoption of tho resolution by which the assent of tho United States to tho offer of the Republic of Hawaii was given. "I thereforo ndWso you that in my m W 11 opinion with respect to tho public lands tho resolution took effect as of tho dato of Its approval, to wit, July 7, 1898. Tho special agent or tho Hawaiian government refers to certain corres pondence between Mr. Sownll, tho spe cial agent of tho United States nt Ho nolulu, and tho Department of State at Washington, ns establishing a Justifica tion for tho exercise of tho power of sale by tho government of Hawaii sub sequently to tho annexation. At tho request of tho, Hawaiian government tho following question was submitted to the Department of -State on Aug. G, 1898: ."Should not President Dolo continuo to execute land patents nnd deeds In tho ordinary dealing with government lands under the Hawaiian Land Laws? To which it was answered by Mr. Sow- all, in conformity with his instructions, as follows: "Resolution provides that land laws of tho United States shall not apply to publlo lands in Hawaii and thnt muni clpa. legislation of Hawaii generally shall remain In force. Tho Hawaiian authorities regarded this answer as tantamount to n declara tion of opinion on tho part of tho De partment of State that they wero au thorized to mako grants of public do main in the absence of any legislation by Congress to tho contrary. It will bo obsered that, taken by It self, this responso to tho question of tho Hawaiian government does nothing more than recite two unquestioned pro visions of tho resolution. Neither of which by Itself, In my Judgment was pertinent to tho question or decision of It. It Is lmposslblo to say that tho spe cial agent of tho State Department In tended by this reply to answer tho question in tho affirmative, although It is, perhaps, natural to infer such an Intention. Rut the question Is ono In volving naked power a power to dls poso of tho lands of tho United States, which, under tho constitution can only be disposed of in conformity to the will of Congress. It Is not a ouestlon of tho good faith of tho Hawaiian ofll- clnls, for that Is unquestioned. A wrong inrcrenco as to tno meaning of the answer forwarded by Mr. Sowell could not encctuato tho oxcrclso of an unau thorized power of salo nor vest in a granteo a tltlo to lands which the Ha waiian government under a careful consideration of tho law Is decided to havo been without power to convey. Tho difficulty Is that tho power of tho Hawaiian government as n sover eign possessed of sovereign right to mako conveyance and grants of land ceased and all Its powers and sovereign rights in this respect wero transferred to tho United States. This was the samo with referenco to lands under conditional agreements or under leaso, as In tho caso of lands unaffected by any equivalent Interest. Undoubtedly tho government of tho United States can bo trusted to do Justlco to all per sons having Just claims of this nature Doubtless Congress will, by legisla tion, provide means and instruments for vesting and conferring such titles. Tho only question for my decision Is whether such power now exists In the Hawaiian government and I think It docs not. Attention Is called to the fact that tho Executlvo order under consideration directs that any con sideration paid to tho local authorities on account of lands sold subsequently to tho adoption of tho resolution of an nexation shall be refunded to tho nur- chasers and thcro Is no provision of mw wnicn autnonzes or permits the uso of nny monoy in tho Hawaiian treasury for that purnoso. If this bo true, then that portion of tho order win bo inortcctlvo. I assume It is not intended that payment should bo mado contrary to tho -local' law and regula tions of Hawaii, or that money should bo provided by any arbitrary or unna tural means, but only that ' In due course of law tho money should bo ap propriated and applied for that pur poso. i i Animal Transport Disaster, Seattle, Nov. 28. With a cargo of dy Ine horses and mules and fiftv-five emotv stalls the United states transport Victoria returned to port late last night) having been forced by an unprecedented stress of weather off Cape Mattery to turn back from her voyage to the Philippines. Of the 410 horses and mules carried by the Victoria, taken on board November 23. 55 were meraiiy pounaea to ueain againsr the sides of their stalls In the storm and the iremalnlne animals are so badlv bruis ed that the officers of the vessel believe tharmany cannot be saved. . Peace at Mindanao. Washington. November 26. The Se cretary of the Navv todav received a tele gram from Admiral Watson stating that the entire province of Zamboantra. island of Mindanao, surrendered to Commander Very of the Castine, unconditionally, November 18th. Delivery of all guns was promised. The local chiefs declared themselves loyal. A SIX-STORY BUSINESS BLOCK This Is the sketch, by architects Ripley & Dickey, of the new Stmngew.ild building, Merchant street, above Fort, to be six stories and fire-proof, with every modem feature. Work Is under way. The block will be two storlts hlcher than the Judd building. moaorjpc0arjrrjoarjrioz4 Harbor of Knliulul. fe g It Is now more than likely that the first Island harbor outside of the 9 local one to be Improved under the new regime will be the fairway or L offinR at Kahulul, Maul, where g there are often six to ten ships of g the sugar fleet, but where all the J loading Is done by lighters. It Is expected that the steamer Pathfind- fc er, of the United States Department of surveys will be off to Kahulul neNt week. Her officers have for a couple of days now been gathering maps of Kahulul waterfront and others to be used In their work. It Is stated also that the Hawaiian Commercial and Sugar company stands ready to expend at once the sum of $150,000 on the projected Improvements, Including a long wharf and a suitable breakwater. It Is estimated by those most interest ed that within two years the amount of freight to be shipped from Kahulul will reach not less than 2oo,coo tons annually. Tjarj0FjmrjtsarmjLrjgrjarjrjjatA PRESIDENT TO RECOMMEND. An outline of the President's Message given by the New York Herald, says the President will recommend the Speedy en actment of territorial rule for Hawaii. To Ball on the Mariposa. These persons are booked at Wm. G. Irwin & Co.'s to sail for San Francisco by tho S. 8. Mariposa, scheduled to do part tomorrow: Miss Lotsporch, Mrs. Hedcmann and three children, Wlnton, Miss Cook, W. D. Townsend, C. C. Qulnn, W. S. Dixon, S. L. Rich and wlto, Mrs. C. A. Rich, Mies C. Wldmnn, J. C, Ward, Miss K. 0. Palrchlld, Mr. Wlddtfleld, Chas. Harkinson, M. M. O'ShaUghnessy, P. McDonald and wife, D. B. Smith, Miss Dryfuss, L. Marcus, Mr. McClana ban. Protest from Great Britain. New York. Nov. 2a. A sneclal to the LJoumal and Advertiser from Washington says: Great Britain has protested vigorously to the Government against the organiza tion expeditions In this countty, in tended presumably, for the assistance of the Boers. Lord Pauncefote made the protest at the State Department. Secre tary Hay referred Lord Pauncefote to the Secretary of War. GBNERAL, NEW8 NOTBS. Lipplncott's publishing house suf- ferod n $2,000,000 loss by flro. Vlco President Hobart left his estate valued at flvo millions to his son. Harper Brothers has passed Into tho bands of J, P. Morgan on a million dol lar mortgage. Washington authorities discredit tho story of tho transport Manauenso's trip aa described in Manila dispatches. Dr. Posey, specialist for Eye, Ear, Throat and Nose diseases and Catarrh. Masonic Tomplo. CLOSE UPON DISASTER Manila, Nov. 28. Tho transport Man aucnso, with Lieutenant Colonel Hayes and three companies of tho 31st Infan try on board, has arrived here. She narrowly escaped disaster during tho voyage. The ofllcers and soldiers woro for twelve days balling with buckets. Tho steamer, It is claimed, was unsea- worthy, undermanned nnd short of pro visions, ller engines broke down and shoi rolled thrco days In a typhoon. When tho Manaucnso anchored In Manila bay this morning, thlrty-threo days from San Francisco, thcro wero soveral feet of wntcr in her hold and 400 grimy, greasy, hungry, oxhnustcd soldiers and sailors on board, who had uccn passing buckets of water slnco November 17th. night and day. First Assistant Engineer Dunicavy was un der arrest, and, according to Colonel Webb Hayes s otllclal report, tho chief engineer would have been undor arrest also If thcro had "been anyone to re placq him. Tho Colonel's report also declares thnt tho captain of tho vessel torn him that tho only thing which brought them through was tho fnct that tho men wero greenhorns and fail ed to rcallzo their danger, as experienc ed seamen would havo deserted tho Blilp ana taken to tno boats in mldoccan. The ship sprung a leak on tho 17th ana ns tno pumps wouia not work a bucket brlgndo was formed. On tho 22d a typhoon was encountered. In tho meantlmo the men below, Ignorant of their cxtromo peril, woro passing buckets nnd singing "What tho Douco Do Wo Caro?" while tho ship rolled helplessly on the ocean with hatches closed. Tho heat was Intense until the typhoon passed, and then tho Peking. which had retraced her courso about seventy miles, came alongside tho Man aucnse, wulch was rolling so heavily that tho soldiers In tho hold at each roll could seo tho Peking through tho hatches overhead. Pauline Joran Married. I3y tho Alameda, Invitations' wero re ceived In this city for the moYrlago of Miss Paulino Joran, the famous violin ist and prima donna, to tho Baron do Bush, to take place at St Margaret's, Westminster, London, Wednesday, Do comber Cth (today). Miss Joran will be rcmembored by many of tho musical people of Honolulu, as sho, with her two sisters, Lulu and Eilso gavo a do llghttul series of concerts hero about ten years ago. Dwlght-Cummlngs. Tho wedding of Miss Elsie Dwlght, daughter of S. C. Dwlght, and William Cummlngs, son of W. H.' Cummlngs, took place last evening at tho resldenco of the brldo's parents at Palama. Rev. H. II, Parker was the officiating clergy man. A most cnjoyablo luau followed tho happy ovent. British Fleet Gathers. London, Nov. 29. The dispatching of the "particular service squadron" to Gib raltar will make the British fleet to be as sembled there under command of Admiral Hopkins one of the most powerful naval torces Known in mouern time, WEDDING STATIONERY, Engrav ed CardB, Embossing. H. P. WICHMAN. British Score Two Advance Made by Hetnnen at Terrible Cost. Comnander of the Powerful Killed Other NaYyOieers Lost Es cape of the NiDtb Lancers Boers Stubborn. London, Nov. 29. Tho War Offlco has received tho following dispatch from General Biillcr: "Capo Town, Tuesday, Nov. 28. Gen eral Mcthucn reports: " 'Modder Hlver, Tuesdny, Nov. 28. Rcconnoltcrcd nt C a. m. tho enemy's position on the River Moddor and found him strongly entrenched and concealed. There wero no means of outflanking, tho river being full. Tho action commenced at B:30 with artil lery, caalry and Guards on tho right. Tho Ninth Urlgado on tho left attacked tho position In widely extended forma tion at G:30 and, supported by tho nr tlllcry, found Itself In front of tho wholo Uoer force, 8.000 strong, with two Inrgo guns, four Krupps, etc. " 'Tho Naval Urlgado rendored great assistance from tho railway. '"After desperate, hard lighting, which lasted ten hours, our men, with out water or food, and in tho burning sun, mado tho cucmy quit its position. " 'General Pole-Carow was successful In gctttlug a small party across tho river, gnllantly assisted by 300 sappers. " 'I speak In terms of high pralso of tho conduct of nil who wero engaged In ono of tho hardest nnd most trying lights in tho nunals of tho British army. If I can mention1 ono nrm par ticularly, it Is tho two batteries of ar tillery.' " A special from Windsor says that General Mcthucn's dispatch to the Queen after tho battle of Modder Illvor says: "Tho battle Mas the bloddlest of tho century. Tho British shelled tho ene my out of tho trenches nnd then charg ed. Tho result wns terrible." LONDON VIEW OP VICTORY. London, Nov. 29. Tho expected great battlo nt Modder rlor has been fought, and General Methuen has added anoth er victory to his achievements of tho past week. That tho Boers defended their positions with nil their old-tlmo gallantry Is amply protod by Genornl Mcthuen's dispatch, and It will probab ly bo further testified to when tho list of British cnsunltlcs Is mado known. Thoio appears to be no doubt that Gen eral Methuen lias gained a real advan tage, though tho details must bo await ed beforo tho full effect of his ten hours' desperate fighting enn bo gaug ed. This success of tho British clears an other stngo of tho road to Klmbcrley, tho slcgo of which General Cronjo must havo partially raised in order to glvo battlo to General Mothucn. Thcro Is littlo renson to doubt, howovcr, that tho Boers will again rally, ns hereto fore, after a seemingly crushing de feat, unless they have lost their guns, of which thero Is no mention In tho ofll clal dispatch. Tho burghers nro understood to havo a strong Unger at Spyfontcin, four teen miles north of the Modder river, so another engagement possibly awaits the British beforo they can commence tho last stago of tho eleven miles from Spyfontcin to Klmbcrley, though It Is pointca out that General Cronjo will thereby run a great risk of being caught between General Methuen and Colonel Kokowlcb, tho British com mander at Klmbcrley. A belated dispatch from Orange river says General Methuen's troops are ad vancing under tho greatest difficulties, fighting an omnipresent but nlmost in visible foe. , ;"- ,s A revised' list of tho British casual ties at Belmont shows: Officers killed, 4; wounded, 22; non-commissioned otilcers nnd privates killed, 46; wound ed, 225, of which numbor tho Guards had 35 killed and 39 wounded. A revlsod list of tho casualties sus HAMILTON, BROWN SHOE CO.'S "HIGHLAND CALF" "Own Make" $3.00 rORMEN I For Sale by Manufacturer' Shoe Bloody Victories tained by General Hlldyard's forces nt tho battlo of Beacon Hill shows: Killed 13; wounded, 64; missing, 1, prisoners, 8. BATTLE OP GRAS PAN. London, Nov. 2C The Admiralty Is In receipt of tho following dispatch from Renr Admiral Harris, dated Cape Town. November 26th: "I deeply regret to report tho follow ing casualties In-tho action nt Or as Pan yesterday: "Tho killed aro: Commander Alfred P. Ethclston of tho Powerful. Major John H. Plumbc, Boyal Ma- Hues, of the Doris. Captain Guy Senior, Royal Mniino Artillery of the Monnrch. "Wounded: King Captain Reginald C. Prothcro of tho Doris, severely. Lieutenant Walter T. C. Jones, of tho Doris. "The other casualties nro not yet known. Commander do Horsey, Cnp tnln Morgan nnd Lieutenant Wilson, nil of tho Monnrch, havo proceeded to Join tho nnal brigado with Lord Meth uen." This afternoon tho War Ofllco posted the following dispatch, dated Capo Town. 12:25 p. m. today, from Genoral Porcstler-Walkcr: "Lord Mcthucn reports that ho mov ed yesterday (Saturday) at 3:30 a. m., with tho Ninth Brigade, tho mounted corps, tho naval brigade, and two bat teries, tho Guards following with tho baggage. Near Gras Pan, nbout ten miles north of Belmont, on the rnll way lino to Klmbcrley, 2,500 Boers, with six guns and two mnchrno guns, opposed him. Tho action began at 0 a. m. Our batteries fired sharpnelvvcry accurately until the heights seemed clear. Then tho nnnl brigado and In fantry advanced to tho acwault. Tho firing was desperate until 10 a. 111., when tho heights woro carried. Tho Boors retreated on tho lino, whero tho Ninth Lancers wero placed to Inter cept them. The result was not known nt the time of tclegrnphtng. Tho nrtll lery took Immediate ndvantago of the enemy's retirement. Early In tho ac tion 500 Boers attacked our rear guard. Tho brigade met this and also protected the flanks. Tho naval brigado nctcd with great gallantry nnd suffered heav ily, but no particulars aro yet known. "Tho enemy showed tho greatest stiibborncss nnd must havo suffered greatly. Twenty wero burled. It Is known that thlrty-ono wero killed nnd forty-eight wounded. Moro than fifty horses wero found dead In ono place. Ono battery fired 600 rounds. Wo must halt ono day at Gras Pan to rest and replenish ammunition. Tho forco worked splenaldly nnd is prepared to overcomo many difficulties. Tho naval brlgndo, the royal marines, tho light In fantry nnd tho first battalion of tho North Lancashire regiment especially distinguished, themselves. "Regarding Thursday's light: Eighty Boers killed are accounted for. Sixty- four wagons burned. A largo quantity of powder, 50,000 rounds of ammuni tion and 750 shells wero blown un. Commandant Albrccht, chief of tho Ornngo Prce State artillery, command ed tno uoer artillery. General Roeway was in chief command." NOT A DECISIVE VICTORY. London, Nov. 29. A dispatch from Ornnge rlvu dntcd Monday, November 27, and describing tho battlo of En slln. says: "Tho Boers successfully retreated. The Lancers attempted to Intercept and reach them, but a sovero flro opened from a kopjo, forced the Lancora to re- , treat. General Cronjo was with tho Boers. "Among tho Boer prisoners are Al derman Jeppo and Commandant Rcs slk, who led tho Boer force." Tho Boers suffered under tho shell flro ns they fled nnd a small detach ment was cut off by the New South Wales Lancers. But tho pursuit of tho main body by tho Ninth Lancers ended In. falluro. The' ground was terribly rough, and the sovero fire compelled trjem to fall back. As the Boers succeeded In carrying oft their guns, apparently tho British victory was not decisive action, but Is notable as having been fought on Freo State territory. All previous combats havo taken place on British soil. A0 .rr" ' JBt lsA Co., Fort St., Sign ef the Itf Met '& I ' . '. & :" i & :a : M f M r.v tllliliiik A v- iii.iLt&uiU -faftffir' j -,.&. . J 1 ffi i mtiinW"i A 1