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From the Progressive Bulletin.
Vol. IX. No. 1(JG
HONOLULU. TERRITORY OF HAWAII, WEDNESDAY. AUGUST 22 l0O.
Pitiun o Oiints.
10 of JS ITS 1)1 TALK 01
M JUDGE ESTEE RENDERS
HTE I III NINTH WIT LIS
GOVERNOR GRANTS IT
BIS FIRST DECISION
,w ,w 'Wv'f'lfHHlHBHIHW
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NAMES A OFFICERS
FOR CAMPAIGN WORK
Good Attendance and Plenty of En-
GOVERNOR DOLE SEES '
' NO SERIOUS, DIFFICULTY
Territorial Act Make Provisions for
MAJ. PRATT TO ORGANIZE
Appointments Made to Governor's
Staff Capt. Oscar White One of
iuc mw ngiuiwu-ruuierax
Governor Dole has acceded to the
long-standing desire of certain resi
dents of Hllo to form a company, of tho
National Guard of Hawaii Id thai towa.
Major J. W. Prntt of the Qoyernor's
stall has been detailed to go.to Hllo
for the purpose of superintending the
organization of the company. Ho is
going to Walluku next Tuesday on
business connected with the ,watcr
wo.rks there. When through with that,
the Major will take tho earliest steam
er for Hllo to execute the Governor's
commission. Col. Soper completed the
arrangement of this matter with Gov
ernor Dole this morning.
Governor Dole has reappointed Col
onel J. II. Soper ns Adjutant General
on his staff. He has also reappointed
Captain J. V. Pratt, raising his rank
to that of Major, and appointed Captain
E. Oscar Wlilto of Co. B on his staff
with tho rank of Major.
GRILLA GIVBN THREB .MONTHS
John Grllla, a Pole, went to Oover
nor Dole's fruit ranch In I'auoa valley
yesterday and, filling a couple of hags
with oranges from the trees near the
fence, Btnrtcd toward town.
The old Chinaman who takes care
of the place, gnvo the alarm and very
soon Grllla was In" the hands of two
natives and tb caretaker.', He Is a veiy
small man but lie maiioi aldesperata
jigm 10 gei away, ine ouas were iuo
great for hlm'and IFwas not long be-
bore he wastled with a ope. In tho
melee he had" his faco badly cut and,
upon arrival at the police station,) It
was necessary to turn the hose on him
to get the mud and dirt off. The
Deputy Sheriff states that no one could
tell whether the fellow was a whlto
man or a negro.
Grllla appeared In the Police Court
' this forenoon and pleaded guilty to the
charge of stealing the oranges. -Tho
caretaker stated that Grllla had made'
visits to the place previous to yester
day but this the Pole denied.
Judge Wilcox sentenced defendant to
three months' imprisonment at hard
labor, stating that there was too much
stealing going on In and about the city.
Something must bo done to stop It. .
Volcano House to Clone.
It is understood on good authority that
the Volcano House will soon close its doors
as there Is no' enouih business to keep the
place going. It Is further Jtate J thit stock
In the concirn may now be purchased for
If this Is a fact, there Is no doubt hat
ever thattnonled meniwjll not long hesi
tate in tbe matter of buying In the stock
as It will not be long before a railroad wll
be passing by the place andthen thtre
"will be In' the Volcano House a money
making proposition that will make hand
some returns to the stockholders. A couple
of hours' ride from Hllo to Kilauea will
prove a great attraction and hundreds of
people wl I take advantage of the outing
everj Sunday. The principal drag hereto
fore has been the long dusty ride In ric
Mrs. W, L. Peterson was grlqvlously
misrepresented by tho report In the
Advertiser of the divorce proceedings
brought by W. L. Peterson. The
grounds for tlje action Btatedio,
i bo '"adultery on rthe 'part' of hls,wlft
with n well known man of this city."
The' Circuit Court summons charges
adultery wlthJohtuDoe, a person, uui
known." Mrs. Peterson says that ahe
- does not keep a boarding house and
has been misrepresented through per
sonal spite. - ' ' ' - V-11
r r-r- c
Rebellion's End Near.
New York, Aug. 9. A special to tho
Brooklyn Eagle from Washington aaja:
-Admiral Dewey said today: "I regard'
the'news from' the Philippines as par
ticularly encouraging. Agulnald'j'u
lieutenants nre surrendering one- after
another. Whatever show of resist
ance to our authority there Is at the
present time In tho Philippines will be
kept up until after the elections In
The Upolu canio In from Hawaii tn
day with 148 bags of Charcot! and 00
bugs of nway. flho report tlm John
(I, North at llnnnlpu, IB days from
Hun Francisco and lh Cmmuoln out.
sldu Muhukunn yesterday, trying to Mt
THIS YVATKIIMAN IIIHaI, FOUN
TAIN l'i:N, All ilies, Ml stupM, II
HEALTH BOARD CONFERS
, WITH GOVERNOR'S COUNCIL
Hilo Railroad and Honolulu Rapid
Transit Lines Demands for
- . . , nel Jfoala. .
Dr. Cooper, F. Jn Lowrey and E. C.
Winston waited 'on Governor Dolo and
council todav. Their chief errand was
,to'urgo the necessity of the completion
of the sewerage system. No steps wern
taken but the UoverniuentpromUed
to do whatever is possible for raising
the funds required. Tho committee
bIbo brought up the matter of a site lor
a dispensary. Mr. McCandless suggest'
ed the west corner of the Judiciary
C. Vestal came In with a request
for permission to tunnel Kaala moun
tain In the Walanae range Tor water
No action was, taken.
There was a veritable crush of appll
cations for the use of tho Channel
wharf and warehouse erected for
Col. Ruhlen, U. S. A., wants the plate
to store rnllltary supplies.
II. Haikfeld 4: Co. want It for the
Hawaiian-American Steamship Co.
Collector Stnckable wants It for
There was a long discussion hut no
action because all-the facts were not
Mrs. h. St. Sayres applied for quit
claim to part of her property nt Bere
tanla and Punchbowl streets. It wan
suggested that the Government relciso
the claim If the applicant would deed
It land 'required for tho, widening of
Punchbowl street. ' j
Mr. McCandless, referring to tbc
question of extending Kuktil street, re
marked 'that If property holders gen
erally demanded such high damages as
those on this proposed extension thero
would bo an end to all street improve
ments. It was suggested that the Hllo Rail
road Co. should npt.be allowed to run
their line parallel with any public road
nearer than 100 feet, also that their
crossings of public roadi should not
be at s sharper angle than 60 degrees.
Their Puna extension survey was con
sidered to be all right as shown on tho
The Honolulu Rapid Transit and
Land Co. submitted maps of one route
by Wilder avenue, P.ensacola, Luna
Mo and Alapal streets, and another by
Llllha between King and Wyllie
streets, which were found unobjection
able. Labor Day Sports.
The following events, with others,
will take place at Kaplolanl park on
Mile event for 3-mlnute class
Bonnie Judd, Chas. Bclllna, II. I..
Soule, Dr. Monsarrat and S. II. Grigs
by. Match race, one mile, for 2:40 class
Bonnie Judd and S. II. Orlgsby.
Mile j event for 2:30 class Bonnie
Judd, L. H. Dee and Chas. Bellina.
Mile event for2:24 class L. II. Dc?,
W. Norton, Bonnie Judd and Chas. Bcl
llna. Krco-for-all L. II, Deo.
It Is understood that there will be
two running races, tho distances to bo
three-eights and half a mile. Tho
refreshment stand Is to he sold to tho
highest bidder. No liquors will be
sold. L. W. Merrill has charge of tho
bids. No return checks will be allowed.
An admission fee will be charged. Tha
band will be In attendance to mako
The RojidTCommhislon Is Just now
listening to 'die arguments of attorneys
ns to whether or no government prop
erty can be assessed for betterments.
A. A. Wilder' contends that' such prop
erty Is nonassessable, while the fol
lowing are of the opinion that It Is:
W, O. Smith, T. McCants Stewart, J.
A. Magoon and S. K. Ka-ne. The argu
ment' will be continued tomorrow.
Ships must Pay, at Manchester.
Manchester, Eng., Aug. 9. Chairman'
Bythell of the Manchester Ship Canal
Company, at a meeting today, Informed
tho shareholders that Manchester after
the year 1900 would cease to bo a free
port, that ship dues would be lovled on
n moderate scalo and that shipowners
would Ijo obliged to pay for berths fur
Iwakaml, Hotel street,' la offering a
new lino of linen centerpieces for la
liloi, embroidered In fancy color?.
(lrrat sal of boots and hoa at &
cent mi tlm dollar at I., II. Kerr fc
Co,' shot house, corner of fort sni
He Remands Lau Sam to
Custody of Collector
The Court Doe3 Not Discuss the Ques
tion of Alien Chinese Children
Leaving Hawaii and Re
turning When Grown.
-uugo .. m. lmko rcnucrea nis nrsi
. ,,. , ,,...
wrl ten decl Ion a. Judge of tho United
Statei District Court for the Territory
of Hawaii. It was on tho Lau Sam
habeas corpus case. Tho petltlonor
was remanded to the custody of Ua
Collector of Customs, and was surrin-
dcrcd to that official shortly before U
o clock by Deputy Marshal Neely.
tollowlng Is an abstract of the
' , ,
..us .B an application uy ono i-ait ougiy roldcc!. a period of between six
Sam, n Chlncso person, for a writ ot tcen and seventeen ears.
habeas corpus. I The testimony of four Chinese wl-
"The wrlt.wa. Issued by this Court ncsscs In proof of petitioner's IUwn
directed to Joshua K. Brown, United an birth nnd early life here ,s related
States immigration ofllccr for the Ter- by the Court. Lnu Sam remembers!
rltory of Hawaii, ns prayed for. Jho . nothing of his own residence on -ho
titlon alleging" that said petitioner wu uinnds nnd testified that he knew he
Illegally restrained of his liberty by wng born hero because his father hud
said Brown as such U. S. Iramlgrntlot told him so. All the material facts
oftlccr. Upon the coming In of tho re wcro gll8tam.(l ,mIy ,,y Chlneo nnd
turn, which was mado nnd verified by th mercy hear,ay ttstlmony. Theio
K. R, Stacknble, the collector of cua- 8 o white testimony to establish nny
toms of the port of Honolulu, It up- uf the alleged facts,
penred that the petitioner had bctn ( ' To my mlnilj.. j,'I(,Ke EMpe horo ob.
n. R. Stackablc, as such collector nt scrvcg ..,ho cvllPncp lg wno)ly ,,.
and wns then In the custody of said ccnt t0 establish the Identity of the
customs, the said Joshua K. Brown ue- petitioner with the Lau Sam clnlmc!
Ing his assistant. to navo been ,)0rn hcro gomc Ucn(y
"Thereupon in open court, on motion years ago as the child of I.nu Kam
of Hon. John C. Balrd, United Statei
District Attorney for the District of.
Hawaii, on behalf of said E. R. Stack-
nblc, as such collector of customs, said
Joshua K. Brown being then present lu
court and consenting, and Messrs. I
M. Brooks and F. J. Berry, counsel for
the petitioner, being also present and
consenting, and the petitioner having
been produced and being then present,
It wns ordered that said E. R. Stack-
able, collector of customs ns afore
said, be substituted as respondent In
eald matter ln tho place and stead o'
Bald Joshua K. Brown.
Tho Court here Introduces the sworn
return by tho mllector ot customs to
the writ, alleging iho detention of the
petitioner as a natlvo and citizen of
China, and nn alien nnd a laborer; tho
embarkment of petitioner as a steer
age passenger a China on the steamer
uoptic, nis arrnal at Honolulu and his
attempt to enter tho Territory of Ha
waii. Ho had examined htm as to his
right to land In tho territory of the
United .States and become a resldeut
thereof, and after Inquiry held that
Lau Sam was an alien laborer and not
entitled to land In the United States
territory or become a resident themf.
nnd further determined nnd ordered
that said Lau Sam be deported and car
ried back to China to tho port from
whence ho sailed at tho expense of tho
steamship company which had con
veyed him to tho port of Honolulu.
Thereafter in August, 1900, tho said
Lau Sam appealed In writing Itom such
decision of the collector of customs to
tho "Honorable Commissioner Oan
eral of Immigration of the United
States of America," as follows, tho ap
peal being addressed to Messrs. Stack-
able and Brown:
Tho undersigned, an Hawaiian born
citlten, who arrived at the port of Ho
nolulu from China on the 30th day of
June, 1900, hereby appeals from the de
cision made by you and each of you re
fusing to allow him to land In the Ter
ritory of Hawaii, to the Honorablo
Commissioner Qeneral ot Immigration
ot (ho United States of America.
This appeal Is taken on thegorund
that the undersigned having been bom
In the Hawaiian Islands, pursuant to
permission given tinder the law of the
United States of America, that Chinese
persons born In the Hawaiian Islands
or United States territory, and being
duly qualified and entitled to enter
said Hawaiian Islands, after a tempor
ary absence In China, ho should not
havo been denied permission tn land."
This was signed "Um Ham by his at-
toriiny, I'. M, llrnoks."
Thereafter the Poplin sailed, leaving
I sis Ham In custody nf tlm cnlleetor
pending his uppeul, On August I tie
withdrew hU uppi-nl, saying Unit I he
friends nf m Ham and Lau Yum, an
other ill tallied (.'liliimiiiin, "think t lu
ll) e llinii anil eipnnsH will b trio
Jo-lill4 K. Ilrnwn, (Jblluno liitperloi1,
receipted for the withdrawal on Au
gust 2, saying It was received "too late
to get these people from qunrantlno
station before sailing of S. S. Coptic 10
The return of the collector further
alleged tho detention of tho said Lau
Sam under tho statutes of the United
8talCB ln 8Ucn casea.made and provided
uiiu inui me Miue is nnai nnu con
clusive In the absence of an appeal to
the honorable Secretary of the Trcss-
urof tho United States.
Upon the hearfngVbefore the Court,
tho petitioner Introduced testimony
finding to show that he was one of the
four sons of Lnu Kam Clioy, n Chine-;
merchant or planter formerly residing
or doing business at Palama, a por
tion of tho city of Honolulu, and of
Yeans flhrn lita wife Ant I. ...1.
I ..... ..... nun lb nao
c,,imp,i ,iIB, i, u.. ,lr ,,.., ,,.,
,xth ycar of tll , of ,he Cnlncjg
Emperor. Kwong Su, according to the
Chinese method of computing tlmo.
whchi g0 far ng coul(, ,lc K(l(ncrH
from the testimony, would be about the
year m. nnd lnt tjlll Knm c, ,ha
father, with his family Including tha
petitioner, who was then about four
deci-'jears of age. left the Hawaiian Islands
'or China, where he has since lontlnn-
Choy nnd Yeong Shee his wife, or that
Lau Sam was born hero.
Similar questions nroso In tho e.v..i
, of Louie You, decided by the United
, States District Court for Oregon, whero
the Court said:
"Those who leave tho country when
Infants must not expect to gain rcidy
readmlssion after they have In effect
renched maturity. If satisfactory proof
of their right to land Is not possible In
such a case, the fault Is theirs. Thol
difficulty Is ono easily foreseen."
A decision of thp Supremo Court of
the United Stntes In the caso of Quock
Ting Is. cited, showing that there may
bo exceptions to the general rulo that
positive and uncontradicted testimony
should control the decision of tho
Judge, Esteo concludes in these
''In tho case at bar, I am convinced,
after n careful consideration of all the
testimony adduced, that the state
ments of the petitioner nnd tho witnes
ses In his behalf, arc so highly Improb
able, that their testimony Is unworthy
of belief, and I hereby remand th-
"At tho hearing of this case, nnd nf
ter the testimony for petitioner had
been all taken, and his counsel ha I
rested, tho United States Attorney
moved the Court to dismiss tho peti
tion on several grounds, chief ninoux
which wns that even It tho petitioner
had been born here, ho wns born of
alien parents, that his father was a
native and a citizen of China; that the
nationality of a minor child was that
of tho parent, and that neither parent
nor child had eer manifested a desire
to become Amorlcan citizens. Wlthdnt
expressing any opinion on the subject
referred to, the Court declined to dlt
mlss the petition."
Counsel for Lau Sam gave nottco nf
appeal from Judge Estee's petition.
If they do apepal It will be to the Unit
ed States Circuit Court ot Appeals.
GREET THE NEW KING
Rome, Aug. 11. King Victor Eman
uel HI, took the formal constitution::!
oath today before Parliament. The
Scnato chamber was draped with
mourning, tho benches and tribune
being covered with black furnishing,
bordered with slher. The chamber wa
filled with Senators and (leputles, royal
missions, high nfflrlals nt state and tho
Tho booming of cannon announced
Iho departure nf tho rnnl party from
All along the route hit go crowd were.
MMi'inblril und ki iho now King an
ovation, He wns I replied nn Hid slept
uf tlm Hrniitii by the committers of in
flmmliem nf li'iutlr ami Henat In 11
putlHon mieclully uri'dtnl and hand.
Voteref -Term of -Delegate May
Be Decided by Federal
Statutes. . .
Governor Dole Warfjusked If Kb, bad
ujiiiicu any opinion on me point rail
ed by Mr."Poepoc'ln"lho AdvcrlfsTr,
which was that In tho absence of Hj.
nallan statutes oq tbe subject there
could b no election of a Delegate s-
Congress until the Legislature had pro-
ldcd law therefor.
In reply the Governor turned'un tho
Territorial Act, pointing to Sec. S5
of ChapterB, relative to United Stntes
omcers. This section bCKins "That a
Delegate to tho House of Representa
tives of the United Stntes. to serve dur-
Ing each Congress, shall bo elected Ly
tho voters qualified to vote for mem
bers of the House of Representatives
of the Legislature; such Delegate stull
possess tho qualifications necessary for
membership of the Scnato of the Legis
lature of Hawaii;" nnd continuing has
the following sentenco, upon whlcn
Governor Dole laid particular empha
sis. "The times, places nnd manner of
holding elections shall be as fixed by
"Mr. Poepoo being a nnttve Hawa
iian." said tho Goernnr, "evidently
does not realize the Importanco of tho
little, word 'as' boforo 'fixed.' Thero
aro laws In force which fix 'tho tlmea.
places nnd manner of holding elec
tions,' nnd these laws refer,to nil elec
tions montionediln tho Act."
The reporter In turnlncun tho Act.
after leaving the Governor, to copy his
citation, ran across the following. Sec.
B2, which seemingly Is In support of
the Governor's opinion:
"Sec. 62. That In order to be qualifi
ed to vote for Senators and for voting
In all other elections In tho Territory
of Hawaii u person mgst possia a all
the qualifications and bo subject to o'l
the conditions required by this Act
of voter for representatives."
Governor Dole was seen later on tbo
question that has been raised as to
whether a Delegate elected at the en
suing Territorial elections would N
for the short closlne term of the nrci.
ent Congress beginning tho (list Mon
day In December and ending on the 4th
of March, or for tho new term of Con
gress beginning at the latter date.
Oovernor Dole replied that he would
look Into tho question. It could nro'j-
ably bo decided by the Territorial Act
and the Revised Statutes or the Unit
ed States rclatlvo to Territories.
RUHLIN HARD HIT
New York, Aug. 11. "Gus" Ruhllu,
who was knocked out In the sixth
round by Kltzslmmons last night In th
contest nt Madison Square Garden, Is
at tho home of "Billy" Madden, ln
Brooklyn, recovering from the terrible
punishment of the fight.
After ho received tho knock out blow,
he wns taken to a Turkish bath house.
Ills condition was considered so seri
ous that n physician wns summoned.
Ruhlln had violent hemorrhages In the
noo and was bleeding from tho ear.
When thed octor reached the patlen'.,
ho was unconscious. Tho physician ad
ministered stryebnino to Ruhlln nnd
applied Ino baas to his head. Wattr
was dashed into Ruhlln's face, and
smelling salts were frequently applied
between Ruhlln's alternate, stages of
collapse and revival. After an exami
nation, the physician declared that
there were no Internal Injuries.
The blow which Ruhlln received on
his head when bo struck the stage at
the knock out, together with the blov
In the solar plexus and the punishment
he had received about the Body, was
the doctor declared, responsible for his
condition. It was the opinion of the
attending physician that no serious re
sults would follow.
At 4 o'clock tho hemorrhage had
ceased and Ruhlln wns resting easr.
About 6 o'clock Ruhlln had sufficiently
recovered to be able to leave the baths
and the doctor accompanied him to
Maddon's home. At 10 o'clock Ruhlln
had sufficiently recovered to talk ot his
"It was tho heat as much as Kltzslm
tnons' body blows that weakened me.
I trained too hard. I was not fit and
tho beat and the punching laid me out.
I am ns good as ever now."
I'llnlmmnns uld after Hiding of Iho
condition nf flulillni
jiiiov ntuiT I'ui.i's,
Tho freshest In imn nt llJimon,
Hinllli b C.is,
The Nllliuil sails for AliahoU Hill
thpasm-Money Subscribed to
Carry on Work of the Club
. -New Judges.
Republicans of tho Ninth precinct,
fifth district held an enthusiastic meet
ing last'nlght and made the first move
towards organizing for the Republican
primaries next week Saturday. Tho
mcctlAg opened with I A. Dickey In
the chair. Owing to tho resignation c.t
George II. Cartervas chairman, J.,T
De Bolt, tho former secretary
elected permanent chairman. 8. K.
Ka-ne wns elected permanent secretary
and L. A. Dickey, treasurer. Tho Judges
of election were elected as follows: W.
Wright of the Inter-Island office, W.
M. Marshal, the expressman and W. J.
Coleho editor of tho Kuokoa. A com-
mitteo mado up of the chairman, sec
retary and treasurer of tho club wa
elected to draft by-laws. ,
Following the election of officer.
there were speeches from sccrnl at
thoso present and tho best of reeling
wns evidenced presaging good results
for tho party. Tho subscription list
passed around secured 160 for the treas
ury, thus placing the club on a cood
financial footing at the outset.
Not lone aeo. laoanese n!mr urmt tn
Kamehameha and utrdrd In Imvlirllnir
away, the wife of the Japanese yard boy
there. The two had lived In peace tor
years working together, saving their
money, and living as they should but the
representitlon from the Iwliel mnnl. u-m
such that the woman, Rise, was drawn
away from her home to what she consul
tied was a place where she could collect
The woman nicked un her rtnthr in,f
left while her husband was at work. It
was not lorg refore she was snatched
from one of the Iwllel houses and taken to
the police station on the charge of deser
Rise anceared In the Police Cnmt ihl
morning and promised ttf return to htr
husband and lead a good life. Judn Wll
cox allowed her to go on the strength of
this Promise and. as the wnman lft h
court room with her child, the husband
turned about and, taking the ftee hand of
the little one, the three walked away to
gether. In refcrlnz to the law In cases nf drvr-
tlon which 1 rovldes for one month's Im
prisonment for the first offense and nnt
more than a vear for the se ml. In.lo..
Wilcox refetred to the doings of the Legis
lature' In connection therewith.
The law was once repealed alter a hard
fight and two years later, It was again
placed on the statute books iy the vote of
a certain part of the Legislature because
the votes of the other side had been pro
mised In support of another measure which
It was greatly desired to make a law,
Tho Federal Court.
Judgo Esteo ln the United States
District Court this morning naturali
zed George Lnndon, P. M. Lucas,
Thomas Honan and Jos. Fernandez.
Wm. O. Smith and Royal D. Mead
were admitted to practice ln the Fed
A complete new stock of scnta
shirts, collars and cuffs at L. B. Kerr's.
ace . .
CLOTH and KID TOPS
BLACK and TANS
These are handsome goods at
more than satisfactory prices.
The wearing qualities
Tiy a pair and tee If we are
not truthful In our statement,
' irv. '