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M.jyou Want Your Children to Know the Meaning of THF fiaoi
Evening Bulletin
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Take a Share in the GRAND ARMY FLAG FUND!
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Vol. VII. No. 1395.
HONOLULU, H. I., WEDNESDAY, DECEMBER 0, 1899.
Pbioh 5 .Gents.
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GIGS
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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"
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Co., Fort St., Sign ef the Itf Met
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