Newspaper Page Text
i,-twn," Tir? ,', "sjS tw;
- -4 w The People Get AH the News of the Day.
Ef bning Bulletin
From the Progressive Bulletin. $
Vol. IX. No. M56
HONOLULU', TERRITORY OP HAWAII, TUESDAY. OCTOBER J) 1P00
Pitici: 5 Oknts.
I, I ' '
ESU...'I., . ... 1' ".'.'- i' ... . -
GARTER T M
IF HF WOULK BECOME
CANDIDATE OF INDEPENDENTS
W. H. Hoogs Principal Speaker at
Kakaako-Meeting at Headquart
ers of Young Mens' Re
, publican Club.
Iliere seems to be llttlo doubt that
tbo registration ot,thts Island will past
the C000 mark. The Board was doing
a nirhlng business' this forenoon, A'
A numbex of theradhercnt8 of the In
dependent party got together quietly at
tne home of He-u In Kallhl last night
nn 1 advocated K. C. Mnctarlane, S. M.
Damon, J. 0. Carter and E. C. Howe as
suitable candidates of the Home Rule
party for the Senate.
U comes as an authoritative state
ment from one of the recognized lead
ers ot the Independent party that J. O.
Carter will be placed on their ticket ns
a inndldate for the Senate If ho will re
pudiate the Democratic party and sign
hi name to tho Independent platform.
Un'est he does this, he will be barred.
S. M. Damon, the Independents do not
want and E. C. Macfarlane they want
lest than they do Mr. Damon.
Jim Qulnn and John Emmeluth arn
two of the names the Independents
ne considering for a place on their
ticket for the Legislature.
Even the women havo taken up the
c. i.ic of Republicanism. A prominent
Hawaiian lady has formed a club on
tl c other side of tho Island" and gocrt
v.-ork Is being done along the line of
wlnnlg over voters to tho Rcpubll
I'rnnklln Austin Is now persona no.
giat.i at the headquarters ot the Iu
di pendent party. He tried to get Hob
Wiltox to 6tep down ns a candidate foi
the ollice of delegate to Congress in
favor of the lineal descendant of Kau
n -lalll, a former King of Kau.il and h
got thrown down and out. Viva Ourl;
bahll! Is the cry of Wilcox and he docs
no: Intend to allow an nlll to take his
pl.irc on the Independent ticket
The bottom seems to havo droppej
out of the Democratic Portuguese
(boom. The Portuguese have been do
ing some thinking and are seeing vir
tue In some other direction than that
so dramatically pointed out by E. II.
JicClnnnhan In his famouu "poor man"
Said nn old politician on the street
this morning: "Doesn't tho Democra
tic rlntform look Ilka a charge to a Jury
'Wo thaige' Is repeated four or flvo
tines. Then, hero Is another very
mrnnge thing. One of tho planks
charges that every plank of the Repub
lican pnrty of the Territory of Hawaii
Is hut an Ingenlous'btd for votes
nnd Hint the seeming concern of the
Republican party In the political wel
fare, ot the native Hawaiian has Its
h Ik critical beginning and end in a
selfish purpose to corral tho forgetful
votei." This done 'the framers (or
framer) of the platform proceeds to In
sert several planks that were In the
platform of the Republican party. Is
this Ingenuity or stupidity or Is it a no
tion thnt tho Hawallaus arc not 'deud
next' to a few 'dodges.'
"I might go on to compare the stnL
nients made recently by Democratic
leader- that their party is the party of
the poor man as against the rich man
arfi aristocrat with this plank of the
platform: 'That no more lilting repre
sentative of the Hawaiian people could
he chosen for Congressional honors
thnn he who stood in the lino ot suc
cession to the Hawaiian throne, we In
We offer for sale . . . .
In a choice neighborhood
near Oahu College. Con
venient and sanitary house
in an attractive enclosed yard
mauka side of street.
'Convenient car service.
Price Only $3800
SUE US AT ONCE.
McCLl;LLAN POND J& CO.,
TLL. MAIN 60. JUDD BUILDING.
dorse the candidacy of Davld'Khwaiifi-'
nakna, a lineal descendant 'of Knttmua-1
lit, King of Kauai, for Delegate to
Congress.' That Isn't a play for thui
Ha-vallan vote, I-4t7"
The Republlcanft'held a big meeting
in Kukaakd last night. Natives from
the whole district flocked in to heir
what the speakers had to Bay. W. It.
Moogs mado the speech of tho'evonlng.
The other speakers were A. 0. M. Rob
eitson, Jonah Kumalae, J. Keohokll
arc! Clarence Crnubo. W. II. Kalllmal,
one of the Independent leaders In the
Kakaaok, district, was Invited to speak.
Mr. Kalllmal proceeded to expound the
pr'nclples ot the Independent party and
when ho had finished the native Repub
licans began to flro questions at him in
rapid. sucees'iton'jHlB answer to th-MO
was: "The Independent party Is not
bragglag"about what It wilt (Jo. Never
mind al lthose things you nik me."
J. T. De Dolt and V. L. Weaver spoke
before an enthusiastic meeting at the
headquarters of the Republican Club
last evening. Lorrln Andrews explain
ed the proper way of voting. A quartet
There will bo a meeting of Repub
licans at the home of James Kealoha
on South street tonight. Everybody Is
invltrt to attend.
Twenty-four Chinese gamblers were ar
retted at Kl Chong's place last night or,
the charge of playing fan tan. I he de-
fendints all pleaded guilty very cheerfully,
thinking that a fine of 5z and costs would
be Impose! but the expression of their
faces changed wnen Judge Wilcox fineJ
them each fioanJ costs, stating that, on
the day before, h: had fined a couple of
white men 5io and costs each and did not
want these men to say there had been any
It Is the duty of all Republicans
to REGISTER AT ONCE.
Registration rolls are open only
r Revenue Flaft Flying.
The tevenuo flag of the United Stated
v.'is hoisted on the Custom House tlin
inoiulng. As tho regulations required
that the revenue flag Is never to lly
v-lthout the national ensign, the two
arn Hying together today. In addi
tion to this regular, flag, the Custom
Hoimo has reechej .revenue boat "'"'
Uncle Sam Condemns Tea.
lu a recent steamer from Japan,
there arrived twenty cases of Japan
cbe tea. It did not, look ,ns If It would
pats tho reiptlred test of the United
States Customs regulations bo a sample
was sent to the tea Inspector nt S.tn
I'rnnclco. Tho order came back that
Ih? tea was not up to tho standard nnd
so the whole lot was burnnd yesterday
and today ln the furnaces of tho Lucas
For Maul ports, per stmr Maul, Oct.
10, at 5 p. m. Joseph Cooke, Miss S.
Kuleo, Miss J. Kaleo, Mrs. J. O. Wilder,
Mrs. John Knana, Mrs. Iosepa and
child, A. Hocking, J. W. Hall, D. D.
Ilaldwiu, A. Adams, P. McOinnis, Mt.i.
O. W. Adams, A. Enos,, J. J. Dntm
mond, James Kennedy, O. W. Conno.,
J. N. S. Williams, F. Wlttrock, Chai.
Jacox, D. L. Stewart, J, II. and J. J.
Special values In woolen goods nre
now being offered by U D. Kerr & Co.
at greatly reduced prices. Call and in
It is the duty of all Republicans
to REGISTER AT ONCE.
The latest styles In shirts and ties
nio to ho found nt Iwakaml's, Hotel
street. Tel. 33G1 White.
TUB WATERMAN IDEaL FOUN
TAIN PEN. All sizes, all shapes. H
DAI8Y LEITER'S ADVDNTURE8
New York, Sept. 20. On board tho
Ciennlc on her last trip to Now York
were Mrs. Levi Lelter and her daugh
ter. MIbs Daisy Lelter. Miss Lclt?r
was a study In violet on tho deck when
tho vessel pulled Into tho harbor.
Since leaving this country In Fobru
nry ot last vera, Miss Letter has hal
many adventures. She Is reported to
have been engaged first to tho Earl ot
Sutfolk and Berkshire and then at Ma
jor Colin Campbell of tho Central In
(Hi, Horse Guards. Her father has de
nied tho reports. Sho speared a wild
boar while attending Sir Ullndon
Illocd's hunt nt Delhi, thereby saving
ho life of her escort, who had been
dragged fiom his horso by the boir.
W'th all her strength, Miss Daisy gave
the beast a thrust as ho was charging
with his tusks. The. respite gave hir
extent time to lecover himself nnd .lis
It Renders Two Diametrically Opposite Opinions
on Identical Questions in One Day
Edwards Released and
In two opinions filed today the Su
puree Court flatly contradict Itself. It
holds In thi-Jlttwards case'whlch wna
first decided, that the United States
Constitution came Into Immediate
effect In tho Hawaiian Islands on the
formal transfer of sovereignty, August
12, 1S98, nnd that therefore tho consti
tutional guarantees of grand Jury In
dictment and unanimous verdict of
twelve trial Jurors for conviction weic
thereupon given to every man put on
his defense for crime. It holds In the
Marshall case the contrary of tho whole
I reposition just stated. The only ex
planation for such an anomalous pos
ture of tho Court Is that It differed In
Its constituent personnel when hearing
and deciding the cases. Chief Justice
Fiear fathers tho "transition period"
theory, and Justice. Galhralth tho
theory that tho Constitution Immedi
ately becamo absolutely supreme with
tha flag. Mr. Magoon, acting Justice,
sided with the Chief Justice In one
case, nnd Judge Humphreys acting
Jti'-tlre, with Justice Oalbralth In the
The Marshall Decision.
W. II. Marshall has been found bv
a majority of the Supremo Court to
h'tiii hot-in liiwfiillv rnni IrtPfl (if HlwO.
The offense was committed agaU.Bt the
late Chief Justlco Judd while alive lu
the now extinct Sunday Volcano.
Chief Justlco Frcar writes the opln-
!..,, nf thn rnnrt v. hlpli Ij Rtenf-fl liv
LlmMlf and J. A. Magoon of the bar.
silting In place of Justlco Perry, absent.
The opinion holds that S-ctlons Ml-
ami of the Penal Laws are not void for
defectlventBs because the divide the
atfenie of libel Into two degrees with-
,i...i...i.ki i. .i. .
ccpt by the amount of the penalty.
Also that "verdicts by iiino or mora
of the-twelvo Jurors were lawfully re-
.....nd linen nfttf Mm -inhavnl nn IT
v...,., ." M.fcv. ..v h...-. .. .
these Islands to tho United Stntcs but
before the establishment of tho Terr!
tcitnl government by Act of Congress'
The other points of law established
are technical, relating only to tho form
JuMlce Clinton A. Qalbrulth flics n
dissenting opinion. Referring to what
he calls the novel doctrine ot "a trans
ition period" reiterated hy tho major
It), he says that according to It theso
Islands, between the passage of the An
nexation resolution July 1, 1898, ind
the taking effect of the Orgunlc Act
Juno 14, 1900, were (jomevvhat In the
condition referred to by Milton In Par
"So hero tho archangel paused
Detwlxt the world destroyed and
Then.wlth , transition sweet, new
The phrase, "a 'transition period,"
It feenis to him was coined to support
the position that during this period tho
Cpnstltutlon ot the United States had
mi forco or effect In tho Hawaiian Isl
ands. "From this doctrine and. posi
tion I most respectfully dissent," say
ing hlc reasons for so doing aro set out
m the oplnlon,of the court In Ex Parto
Edwards a decision also filed todiv.
Hon aver, as tho dissenting opinion lu
the Edwards caso Is idled on as au
thority for denying tho principal con
tention of the defendant In this case.
Justice Oalbralth U constrained to
state that tho authorities idled on do
not clearly support the contention
claimed for them In such dissenting
Going on to discuss the authorities
died by the majority, he points out
that tho opinion ot Daniel Webster was
uttered In the heat of decato ln tha
fenate. In tho very samo e'ehato John
C. Calhoun expressed nn oproslte view.
Justice Oalbralth shows where, In hit
opinion, ccrtnln of tho majority's clu
flons do not apply to tho present cas.
Also, that some of them were rendered
valueless by contrary opinions of the
United States delivered later than thoso
He concludes that, holding such
view?, his opinion Is that the defendant
having been convicted by tho yordlct
of hut nine out of twelve Juro'rfl.' was
denied his constitutional right jfi trial
by Jury and that his conviction, was
null and void.
W. O. Smith for the prosecution; J.
T, Do Holt for tho defendant.
.The lidwiirils Decision.
A majority decision of tho Supremo
Court written by Justice Gulhrnlth and
cRiieiirrcil ln by Circuit Judgo Humph
leys, sitting In plnco of Justlco Perry,
plionnt, was filed today in a writ ot
haheaa coipus Issued on tho petition ot
(leo'ge. I.. Edwards. It contains nine
teen typewritten pages.
This opinion Is diametrically oppo
site to that rendered In the Marshall
ease, ns to tho Constitution of the Unit
ed States having forco and effect In the
Hawaiian Islands from the date of the
Annexation resolution to that of the
Chief Justice Frcar, In a dissenting
op'nlon covering twenty-eight type
wrltcn pages, dissents from tho major
ity of the Court. In support of his dis
sent he quotes, nmong other nuthoil
llcs, two former decisions of this Su
premo Court ono on nn appeal of the
same Edwards, the other on tho resis
tance of the Peacock corporation to the
payment of duties on goods Imported
from tho United States after annexa
tion. 'The sj Habits of tho majority decision
rendu as follows:
"The Congress of the United Stntcs
by ti Joint Resolution, 'To provide for
annexing the Hawaiian Islands to tho
Unity d States,' approved July 7, A. D.
lKJKprovtdcd, Internlln, that the muni
cipal legislation of the Hawaiian Isl
ands' not Inconsistent with this
Join resolution nor contrary to the
Constitution of the United States
' rem,al.n ln f',rc.c ""'J1 ,',,c Congress
of the United States shall otherwise
determine.' On August 12, A. I). 18.13,
thcie were certain ceremonial functions
held In Honolulu nt which the Mnwn-
!i"",0o:;cr"T"! 8 '""y ",li11-1
"' V"" u",lV ,V ... .
?"lla.ry "nd Ln.voy l-traord nary of
",0 mP" ' rpni " " joi
rniu Ion aforesaid and at which tho
" Government made an unequl-
vor-il transfer and cession of Its sover-
"Ignty and property. Held
"ID. That by virtue of the language
ot the Joint resolution above quoted all
ritmlelnnl lt-ulHlntfnn of tint Ilnwnlft!
. , ..... , ,. r..i....inn r
:,'... ."' , ,
inc I'liucu maics was ex vi vernap nun
, met by Implication merely, nnnulll
aril ceased to bo of force or effect after
t'.o 12th dayof August, A. D. 1898. The
Atameetlneof the undersleneJ Sliln-
owners and Agents, held In this city on
October 5. Hjoo, the following resolution
nas peen unanimously adopted:
Resolved, That all merclundlse lanJed
upon any wharf In the Harbor of Honolulu
from stam or sailing vesselswlll be at the
risk of the owners or consignees, and If
not removed within twentvfoui hours
alto 5 P-"' of ' he day on which It has
Dcen hindea will De stored or leu on tne
whirf at the risk and expense of the own
ers or consignees.
ALbXANUbK Bi BALDWIN, LTD.,
C. BREWfcR & CO., LTD.,
CASlLE Si COOKE, LTD.,
THEO. H. DAV1ES & CO.. LTD.,
H. HACKHELD & CO.. LTD ,
W. G. IRWIN & CO., LTD ,
F. A. SCHAEFER & CO.
Honolulu, Oct. G, 1000. l(J54-6t
J Sets of 250 HP Stirling
Watertube Boiler .
3 Sets of GREENS Fuel
Economisers for same.
1 Set of GREEN'S Fuel
Economiser, 400 tubes.
Lot of FOWLER STEAM
PLOW spires and extras.
1 Set of FOWLER STEAA
PLOWS (16 HP) compete.
1 BURLEY DRILL Outfit
complete with Air Compressor
ana tu nr Doner.
Lot of 4" Piping 15,000 feet
24" Water Pipe tjOOO feet.
Aaterial for J6" Water Pip
Fine Lot of California Mules
All the above can be had at
C. BREWER & CO., LTD.,
question ns to whether the Joint resolu
tion iook eneci so as to operate as a i
rtpial of Hawaiian municipal legisla
tion contrary tothe Constitution of the
Lmtid .States, at the date of Its appro
val or onthc 12th day of August, A. D.
lM'S, le one nut necessary to the deci
sion of this case.
'(.) No person could bo put upon
trIM for an infamous crime In tho Ha
waiian Islands alter August 12, ISilj,
without having been first Indicted by a
g.'anit Jury; nor could be one convicted
of such a crime save by the unanimous
verdict ot twelve Jurors.
"CS). Section GIG of the Penal Ijvws
of 1S97 provided for tho finding of an
'indictment' by a Circuit Judge, at.d
that part of Section 1313 of the Civil
Laws of 1S97 authorizing nine Jurors
tiv return a verdict in criminal cases If
i: unlclpal legislation contrary to the
Coiittltutlon of the United States and Is
null and void.
"it.) Sodomy Is 'an Infamous crime'
vvltliln the meaning of tho Fifth
Amendment to tho Constitution of th3
"(3.) The petitioner In this caso hav
ing been put to his trial on tho lGth
day of August, A. D, 1898, upon an In
dictment,' so-called, found Ly a Circuit
Judge charging him with tho crime jf
sodumy, and thereof convicted by i
verdict less than unanlmuus, Is cutUW
ed to be discharged."
Inthc body of the opinion the folio. v
lug paragraphs appear:
"Does this construction otthe 1 a v
mean, as has been so earnestly con
tended, that criminals should, of needf
ully, go unpunished and that there vvul
no jrutictlou to life and property on
the Hawaiian Islands between tho 7th
day ot July, 1898, the duto of signing
the Joint resolution, and the 11th day
ot June 1900, tho date the Organic Ait
went Into eltect? Certainly not. During
nil oftlils period there was urganlzcj
government here: there weru ofllceis
nnd courts, legally constituted, con
tinned In ollice nnd existence by the
oracr of President McKlnlcy, under t !.
authority given In the Joint resolution,
There was the greut body of the muni
cipal laws ot the late lepiibllc, not In
consistent with the resolution nor con
tra! y to tlie Constitution of the Unite 1
states,' Winued In force until Con-
gresn should otherwlso direct Thero
WM ,, for u trlnl ury ot twclM
ncd that part of tho statute authoriz
ing nine Jurors to return nverdlct could
have been controlled by a simple deci
sion or Instruction of the trial court
that there must be u unanimous ver
dict to convict, nnd those additional
s.iti guards to the life, liberty and prop
erty of tho citizen prescribed hy tho
CouMltutlon of the United States, were
hero In full force anil vigor.
"Among tho municipal laws of tho
Republic of Hawaii continued In force
was Section 1109 of tho Civil Laws,
which provide that tho common law of
Kiipland, as nscertnlned hy Imgllah
nnd American decisions Is declared to
ho the common law of the Hawaiian
Islands, except when chnnged hy devi-
eton, usage or law. Tho Circuit Court
ot the First Circuit was a rourt ot
re.'ord and of common law Jurisdiction,
and on August IK, 1S93, hud tho un
doubted power to lssuo an open venire
and summons and empanel a grand
Jur) In tho manner provided by the
rules of tho common Inw." x
Justice Cooley and Chief Justlco Mar
shall aro quoted In direct support cf
the power of n court of record relative
to rrand Juries.
BiivIr & Gear for tho petitioner; K. P.
Iiolr- Attorney Gencrnl, opposing.
Tlie Supreme Court by theso clash
ing decisions on tho samo crucial ques
tions in one day Is put In the light of
Pluunnh dealing with his baker and
bi'tltr one of whom ho promoted, the
other hanged. Edwards goes frco, Mar-i-hall
George Hcnshnll, shipping reporter
ot the Star, left for a vacation trip in
tho Klnau today.
Sale of a lease of government lnnd at
M.inana-lkl, Ewa, Is withdrawn. Seo
lly Authority column.
HOISM CLUB TO BEAT BRYAN.
New York, Sept, 29. The Lawyers'
Siunil Monoy Campaign Club was
(JUi'cd hero today with tho following
o'llcers: John G. Carlisle president;
Wl'llam A. Duer, treasurer; Charles
I', Shcrlll, secretary, and Franklin
Bartlett, R, W. do Forest, Georgo
I!r.ndley, Henry R. Rowland, William
Jay, Hamilton Odell, W. II. Pcckham,
Genige L. Rives, Horaco Russell and
others, vice presidents.
Resolutions wcro adopted declaring
agAlnM the convention which named
llryan and Stevenson upon a platform
advocating tho free anil unlimited coin
age of sliver nnd gold at the ratio of
10 tc 1, nnd renfflrnilng tho Chicago
phtform of 1S9C, which attacked tho
Independence f 'ho Supremo Court of
tho United States. Tho resolutions also
de da red that the honor, integrity and
purity of tho Judiciary should ho main
t lined, nnd say that tho defeat of Ilrj
nu and Stevenson Is esnentlal to the,
pe'inanent and efficient maintenance of
tlie gold stnudurd ot value In tho com,-try.
HAWAII HAS LONG
HAD SUCH LAW
Question of Double Taxation Will
the Federal Law Therefore
Nullify the Terri
The Republican Is In error In tho
statement that "there has been no such
taxes paid In this Territory to date,"
etc. Tho fact Is such a revenue meat
uie was proposed In the Legislature of
13!2 by the National Reform Party
which culminated In tho passage of
Chapter 105, entitled "An Art relating
to Duties on Legacies, Uequests and In
heritances." The first eitato which
tamo under this law was the Corntot
Instate who left hy will quite a number
of bequests to those not connected to
him hy relationship, among the be-q'li-fti
being $5,000 to the Queen's Hos
pital In this city. Subsequently this
Art was amended during tho session of
HOC, when It was argued that the for
mer Act was a hardship In levying tho
tax against grandchildren's gifts such
was tho case found when tlio two
late j nt the late Henry and Mrs. Maria
A. Dlmond were distributed according
to provisions of the will, most of the
lpgalecs being grandchildren. Thero
wan also n large sum of legacy tax pal-1
when a third of the LIhue plantation
went to heirs ln the .Mainland who
were Interested inthe Mrs. Yeoman Es
tate, and thero nre many other estates
which could bu cited as having paid tho
uiual legacy tax Incurred by the ter
ritorial laws. As n matter of fact,
courts havo hitherto exacted tho pay
ment ot these duties before granting
the dlscbargo of executors, adminis
The question now probably is wheth
er tho Territorial tax on legacies will,
on the principle ngalnst double taxa
tion, be superseded and nullified by tho
Federal tnx brought Into force, ns tho
Rf-pukllcnn Btntes, hy the Collector ot
Maria Didn't Like llackn.
Maria Corney had her husband, Chas,
Comev. arresteJ yesterday on the charge
of assault and 'battery. In the Polks
Court this forenoon Maria said her hus
banJ beat h;r day before yesterday and
slapped her this morning. Of late, he
had not left enough money In the hou-e to
buy food. All this trouble she atttlbuted
to the fact that her husband was a hack
driver. When he was driving tor J. B.
Castle he wss very good to her. Judge
Wilcox asked her what she wanted done
and she said: "I want the t.ou-t to pun
Ish him." Corney was fineJ 5s and costs.
It is the duty of all Republicans
to REGISTER AT ONCE.
A valuable piece ot rasldenco prop
erty on the corner of Punnhou and
King streets Ib offered for sale. Many
v;. limbic fruit trees In full bearing aro
on the grounds. Seo ad In For Sale
L. It, Kerr & Co. have Just received
the very latest Ideas In felt hats, Just
the thing for this climate. Trimmed
with plain or fancy bands.
It Is tjie duty of all Republicans
to REGISTER AT ONCE.
Foot Wear I
We carry only the best line of
FOOT WEAR Manufactured
The very Latest Styles,
at Prices to...
' ' w
A.'A!3Utw"iiil.-'-'i ''-- &-!
,., .".&Lt-iA.to?itAMiLl.ijti. . .... ,.JtjHAr...;A.M,:... jjiakix-ftb tf,v
'" I ll lull irtMO