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yoL. IX. No. 1608.
HONOLULU; THKRITOHY OF HAWAII, TUESDAY. OCTOBER '23 JHOO
PltlOB 5 0KNT8.
-. v? &Al
t i v
-Discretion of the Court
Only In Extreme
JilNE ESTEE REMANDS
' WILLIAM H. MAJWJAtt
Republic of Hawaii Lats Governed
Until June 14, lOO-Offense "
Was Misdemeanor and Did
Not Require Jury Trial.
Judge Estec this morning remanded
Wm. II. Marshall to the custody of the
High Sheriff of Hawaii. In on exhaus
tive opinion he came to this conclu
sion: "It appearing that no Federal
Question is presented for the considera
tion of this Court, It Is without Juris
diction to entertain the poultlon for tho
writ of habeas corpus. Let tho peti
tioner be remanded.
J. T. De Holt, attorney for petitioner;
George D. Gear, amicus curiae (for pe
titioner); E. P. Dole, Attorney aencral
for the Territory of Hawaii; John C.
Ilalrd, U. S. District Attorney for the
Territory of Hawaii; A. S. Hartwcll,
V. 0. Smith and Abrrfuam Lewis Jr.,
amlci curiae (for respondent).
It was admitted by counsel on .both
sides that libel in tho flrat degree was
a misdemeanor, under tho penal sta
tutes of the Territory of Hawaii, and
that petitioner was not charged or
convicted of an tpfamous crime.
After stating tho grounds of the
petition Judge Estco asks: "Can this
Court except In very raro and extreme
cases review on habeas corpus tho ver
dict and Judgment pt tho highest Ter
ritorial Court of Hawaii, in a criminal
case wherein a constitutional question
is claimed to be invohed, and over
rule the action of that Coitrt?"
Ills" answer to this give the keynote
to tho decision, thus: "From tho date
of the passage of the Judiciary Act of
18C7 until now, the Supremo Court of
tho United States whllo always hold
ing that a United States District or
Circuit Court had the power, In ex
treme, cases, to summarily discharge a
party from custody who is restrained
of his liberty in violation of tho Con
stitution of the United States, yet the
same Court has unlfomly held that, ex
cept in the most extreme cases, the true
ceWso for the petitioner was to sue out
a writ of error from tho Supremo Court
' of the United States, and thus havo the
constitutionality of the conviction
settled by the only Court in tho land
whoso Judgment on constitutional
questions Is final. This rule was adopt
ed because, although the discretionary
power existed, yet It was of more than
doubtful propriety for a rlnglo United
States District or Circuit Judge to In
terfere with the Judicial procedure of a
State or Territorial Court when deal
ing with criminal cases."
He supports this with citations from
Federal decisions, and says, "It must
be admitted as settled law that this
Court, like all subordinate courts, Is
bound by precedent and peculiarly so
where tho question involved Is one of
Having held that the Court cannot
assume Jurisdiction for tho reasons giv
en, Judge Estee goes on to ask Is there
a proper Federal question Involved In
tho case. "It there Is not," he says,
"then there Is an additional reason
for not assuming Jurisdiction because
it Is settled that a writ of habeas cor
pus must be denied If It Js apparent
that the only result of Its Issuo would
Residence Sites on
' " Punchbowl Slope.
are scare, and held at
Increasingly high prices.
WE offer a very choice corner with cot
tage, commanding the
Ocean View from the
Harbor to Diamond Head.
McCLELLAN, POND & CO.,
TfcL. MAIN 69. JUDD BUILDING,
be the remanding of the prisoner to
Then the Judge proceeds to give the
following Important definition of the
status of Hawaiian law between the an
nexation of Hawaii aniT-lta erection In
to a Territory:
"The conditions which existed on
these islands when annexed to tho
United States were unusual. This ter
ritory had a clvlltatlon peculiar to It
self ,a government republican In form,
with a written constitution, civil and
penal statutes, courts of Justice with
established Jurisdiction. It had public
schools and other institutions of learn
ing and laws enforcing compulsory
education,' t was not Vero territory
Ijrlng In mid-ocean unused, but ready
for man's use. It was a free, en
lightened, state possessing all the at
tributes of sovereignly, and whuf with
Its consent the Islands wcio annexed by
the United States, not only tho lands
but tho people with their lands and
customs were annexed; nn'd, by the
'well established law of lihltonB, these
laws and customs remained In force
until new laws were enacted for the
government of tho territory, (Sec. 19
Sutherland on Stat. Construe. Page 19;
Mack on Constitutional Lnw, Pago 208;
American Ins. Co. vs. Canter, 1 Pet.
641; Cross vs. Harrison 1C How. 161
184.) "1'heso islands although originally a
monarchy had become, a republic and
tho peoplo were somewhat crsed In
the principles of Bclf-governmcnt. So
much was this so, that Congress wait
ed nearly two years before enacting a
law for tho government of tho terri
tory. In tho meantime, no laws worol"' neciare mcy win not go out to
enforced In tho territory of Hawaii I t "palanlho."
but the laws of tho Republic of Ha
waii. Tho strong arm of the Federal
government was not felt hire. The for
mer laws and Judicial procedure, re
mained and continued in force until
tho 30th dnv of Anrll. 1S90. when Con
gress t.assed tho Enabling Act which
went Into effect on tho 14th dav of
June, 1900. This Act through provld-i Everybody Is Invited,
lng for a different form or government
for tho new Territory of llnwall, con- A Hll correspondent writes as fol
tlnucd In forco many of tho former 1 ,0W8 n u" Political situation: "Rev.
laws of the Islands und prescribed cs-8- L- Dc8na' the 'ndopendtnt Republi
peUally: 'That nil suits nt law and In, eal candidate for Senator Is reported
equity, prosecutions and Judgments B,ronS " Kna' and Kau and ho will
existing prior to the parage of this ' 8et th missionary vote m Hllo. Othcr.
Act shall tontlnuo to bi as effectual as' wl8. ' nane ls DeanlR- Lc-ebenstclu
If this Act had not been passed." ls - K'"
Hnvlnir formed as already stated that --
the offense of tho nctltionar was a mis.
Hm.......,,... ... ,i.. i.... fu J
UVU4VUIIUI MUU tlUk t iCIWU;( tfUUfjU uo i
tee points out that Hawaiian law savelchle Olinilan were cndoraiU as candl-
Jurisdlctlon over It even to district
magistrates wlthoim n Inrv. Still th
record showed a Jury trial ot tho case.
but with only nlno Jurors finding de
fendaut sulltv. Hern mrnln Hawaiian
law Justified such a conviction.
"One of the amendments of tho
Enabling Act was to repeal tho law nu-
thorlzlng lea than unanimous verdicts
In criminal cases. But this repealing
clause only took effect when the Enab
ling Act became a law, to wit: June 14,
1900, whllo this petitioner was con
victed May 18, 1900.
"It was held ln tho caco of Majwcll
vs. Dow, 170 U. S. 581, that:
" 'Whether a trial In criminal cases
not capital shall be by a Jury composed
ui i-i&ui luaivuu ui iwrive jururs unu
whether, In case, of an Infamous crime,
a person shall be only liable tp be tried
after presentment or Indictment by h
grand Jury, are proper to be deter
mined by tho citizens or each State
for themselves, and do not come with
in the fourteenth amendment, to tho
constitution bo long as all v persons
within the Jurisdiction ot the Stato
aro made liable to bo proceeded against
by tho Bomo kind of procedure, and to
havo the-same kind of trial, and tho
nni rn(,v..in f n, !,,. i. .nnr,i
to them.' "
Preceding the concluding order be
fore quoted' "Tho Coutt finds, that
petitioner's remedy Is by writ of error
from the Supreme Court of tho United
"That thooffenso whereof the pe
titioner was convicted una sentenced
was a misdemeanor and W an in
"That there was no constitutional
right to a presentment or an Indict
ment by a grand Jury In this case; and
that a verdlot ot nine out.ot twelve
Jurors was authorized by tho law ot
Hawaii, which law in respect to this
feature was not repealed until June 14,
1900, and after tho trial of this case."
THE PLANTERS ADJOURN
After discussing the labor question In
secret session yesterday and reverting
to It this morning", 1" hearing and
discussing reports of standing com.
mlttees on various practical matters,
tho Hawaiian 'Planters' Association ad
Journed sine die at noon, . No formal
resolution was proposel to give tho
sense of the meeting on,., the Jabor
question, The most that resulted on
that matter was the ttucldallon of thq
efforts to obtain labor from Italy, Por
to Rico and tho Mainland, An ngency
Is maintained at Immigration head
quarters In New York to Bollclt labor
among European Immigrants. All, ot
the reports will appear In tho Planters'
The crack of a whip Is a narrow aper
'.1 I AUhMM ts
rf; TJjree Parties
Bob Wilcox waa'taken by the Mauna
Lo from Hookena to Maalaea. It
seems that ho got to tho Honuapo land
ing Just as the Mauna Loa was prepar
ing to leave. Captain Slmerson, re
fused to lower a boat and Ilob was
forced to rldo all to way to Hookena.
He got time to get 1(X some hot shot at
The Republican rally at Sims' lawn
last night was very largely .attended.
It was soon after 7 o'clock thai a torch
light procession made up of about a
hundred RepubUcans marched from the
tramcar stables to the Sims home, a
big crowd following. W. R. Sims open
ed tho meeting with a speech, and then
Introduced Junius Kaac at the1 chair
man of tho evening. Samuel Parker
and T. McCants Stewart were the prln-
clpal speakers. Roth gave rousing
It comes from tho crv best of au
thority that tho natives and others
who go out to tho Democratic luau at
Prince David's tonight are to be fed
on what will bo left en it from tho
Shrlners' luau this afternoon. The
story of how John Colburn arrang
ed for tho purchase of the "shoved
over" Is quite, generally known about
on tho streets today and thcro Is na
turally a big kick. Tho natives gen-
Tho Young Men's Republican -Club
will hold a meeting at Iwllcl Wednes
day night. On interesting time Is
Tho Republican speakers will hold
'"" at Kauluwela this evening,
At a meeting of the Painters' Union
last evening. Clarence Cmbbo anlAr
' ualcs Ior lne aenal an" m,U80 ot "cp
! reeuuinTen, reoiii-cme.jr.
Remember that tho Tuxedo Quartot
will sing at the big Republican rally
I ln tho drl11 BhetX Thursday night. Re-
I member also that Samuel Parker Is to
De amonB lne BPcaK0
Prince, David will glvo a big public
luau at his homo In Walktkl this even,
lng. Free transportation on tho tram.
cars has been arranged for between C
and 8 o'clock. Everybody Is Invited.
Judgo J. II. Walpuilam ln a prlvato
letter says that tho Home Rulcis are
getting pretty strong support on Maul.
Don't forget tho big Republican
meeting at tho drill shed Thursday
nlgut. It will be one of tho best yet.
MRS. PARKER MARRIED
Ban Francisco, Oct. 12. Tho mar
riage of Mrs. Elizabeth Parker, the
uaughter-ln-law ot Samuel Parker, the
"e, nV7 ,- . . "uu"'""" lu
' Frederick S. Knight, son of George
Knight of this city, will take placo at
S p. m. Monday ln Trinity church.
Mrs. Parker Is the daughter of tho
late Mr. Dowsctt of the Islands. He
was one of tho wealthiest men In Hono
lulu, and had largo and varied inter
ests. Mr, Dowsctt, was au Englishman
by birth, and went to Honolulu when
quite a yonng man. Mrs. rarkor, when
she reached tho age of 18, was sent
to Now York,, where she was educated.
Slio is a brilliant muslcl in.
Mr. Knight ls tho scoih1 son ot
George, Knight, the weU1l(r.ov,n lawyer.
The wedding will bo very quiet, only
a tow of tho Intimate friends ot the
bride and groom aro to bn present. Af
ter the ceremony they will go to San
Jose and on October 31ot will sail on
the Alameda for Honolulu, whero Mr.
Knight will go Into business.
SUIT AGAINST. DESKY.
Tho Hawaiian Electric Co., Ltd., has
brought suit against C. S. Desky for
tho payment ot $315.67- alleged to be
duo the complainant. It Is charged that
tho defendant obtained from the com
plainant during three years past, an
elevator, appurtenances, etc., which
mado him a debtor In tho sum ot $!,
822.57. Of this amount, $1,407 and all
of tho discount by way of settlement
with Morse. WIlllaniB & Co.. the. people
from whom tho eevntor was purchased,
has been paid, leaving tho umnunt men
tioned above. The suit is being brought
by F, W, Macfarlane, president of the
Tho prettiest bathing suits are al
ways found above the s."n level. ,
New China Rumors
London. Oct. 13. The Times has the
following from Hongkong, dated 'yes
terday: Tho-situation In the Wcl-Hat-Wet
Prefecture Is serious. In bIx dis
tricts the cities are In the hands of the
rebels. If an outbreak should occur
In Canton Its suppression vould to
Dr. Morrison, wlilng to the Tlu.es
from Peking, under da.o of October il,
says: "The Chlness official dciVire
that stringent o.-U-ri have been tent to
provincial official not to oppote the
advance of tho alltitl column."
Hongkong, Oct. 12. The reformer.
Sun Yat Sen, according to dispatches
from Canton, has unfurled the reform
flag In tthe Important town of Wei-
chou, on East River. Thtrf act has git en
rise to considerable excitement ln mili
tary circles In Canon, as It Is believed
the object of the reformers In raising
their Hag at Welchou Is to denude Can
ton ot troops, so that they can seize tho
Spreckels to Carry
New Zealand Mail
Wellington. X. z!ff Oct'. 12. The
House of Representatives today ap
proved tho Postmaster General's
agreement with Messrs. Spreckels to
continue for a year the San Francisco
Tho vessels will run c,tcry three
weeks, Instead of monthly, beginning
November 1. The time from San" Fran
cisco to Auckland must not exceed
sixteen Idnys. . '
An amendment favoring Vancouver
service was carried without a division.
-WISCONSIN A fLYER
Washington, Oct. 12. Tho official
report of tho trlaltrip nt the battle
ship Wisconsin off Southern California
Is contained In the following brief tele
gram received by Secretary Long from
Admiral Kautz, commanding tho Pa
cific Station at Santa Darbcrn:
"Wisconsin completed satisfactory
official trip, making 17.2GI knots, sub
ject to tidal corrections."
The U. S. A. T. Wyefield, Cartmar
commander, arrived In port .this forenoon
and hauled alongside Sorensons wharf, ten
davs from San Francisco. She sailed on
the 13th Inst, and therefore brought two
davs' later news.
The Wyefield has about jcoo tors of
stores and provisions for the army In Ma
nila as well as 135 head of mules The
transport will remain here Several days In
orucr 10 give tne live stocK a cnance to re
cover from the effects cf the voyage. It
can be said to the credit of the transport
that not a mule was lost on the tilp and
there has been absolutely no sickness. The
stock Is being taken off the ship toJay.
The quartermaster in charge of the
transport Is a young man, J. J. Griflin by
name, to whom the Bulletin Is much In
debted for late news favors. The veterin
ary surgeon Is Dr. Hill who Is assisted by
Chaj. t. Hunt of Minneapolis, Minn., a
man experienced In the art of handling
live stock. Harry Wilder Is the man at
th head of twenty-four packers and t am
sters aboard. The crew is made up of
All hands report a most pleasant trip
with Captain Cartmar, the genial oli
RUSSIA READY FOR WAR.
London, Oct. 12. Tho Moscow corres
pondent ot tho Standard attaches signi
ficance to a speech mnrto by the Rub
slan general In command at Wilna to
eomo troops who had been ordered to
China, but wero recalled to Odessa ori
tho ery eve of sailing. Ho says that
tho general In addrcslng the men mado
"Tho 'Czar decided It as necessary property was held by decrdent as trus
to brine vou back to Wllna so you u' 'or Car Wldcmann, and they have
might be ready hero to Jain us-against
a foo we shall be orderej to meet."
The correspondent' adds that the foo
hinted at can only boTJerrnany,
Death ol Mltwt PnyHon.
San Francisco, Oct, 13. Miss Chris
tlno Pa) son ,only daughter ot Captain
and Mrs. A, II, Payson, granddaughter
of Mrs. A. M. i'nrrott.anil niece of Mrs.
Joseph A. Donohoo and John Parrott,
died suddenly on Thursday evening at
tho family homo In San Mateo. Miss
Payson waa stricken suddenly after
partaking of her dinner.
Men's dress shirts, open front or
back, the largest anil most complete as
sortment In town at $1.00 aplocc. L, II.
Kerr & Co., Queen streeti
The latest styles In shirts and ties
aro to be found at Iwakaml's, Hotel
street. Tel. 3301 White.
THE WATERMAN IDBaL FOUN
TAIN PEN. All sizes, all shapes. II
Tho largest room In tho world
roum for Improvement,
Contention Over $25,000
Between New York
DR. N0BL1TTS REDRESS
VS. BOARD OF HEALTH
Interesting Report on Judge Wide
mann's Eslate-The'iBrown Minors'
Patrimony Adoption with In
The Equitable Life Assurance Society
of Now York by Its attorrcy, Paul Neu
innnn, flies an amended answer to the
complaint of Cecil Drown, administra
tor of tho estate of I)!ld Rowers
Smith, deceased. It si)s no deniand
has 'been made for the payment of the
loss under tho policy, which Is payable
at tho ofllco of (he defendant In New
York City. Further, tho Surrogate of
tho County of New York on July 2
granted letters of administration on
the cstato to Olivia A. Drown and
George 11. Drown of Statrsvllle, North
Carolina, the former claiming to bo
tho aunt of deceased. On July 23
theso administrators began their ac
tion In the Circuit-Court of Ilia United
States of tho Southern District of New
York, demanding Judgmmt against
this defendant for $25,000 upon the
pulley ot Insurance upon wlilch this
action of the Hawaiian administration
is brought. The Equltallo claims that
the money being In New York It is nns
werablo to pay It to the New York ad
ministrators and not to tnls plaintiff.
Judgo Humphreys has dismissed tho
petition of W. S. Noblltt for n writ ot
mandamus to Tlieo. F. Lansing, Treas
urvr of the Territory of Hawaii, to
compel him to Issuo to petitioner a 11-
llcensc to practlie medicine. Ho holds
that the petitioner shou'd take action
ngnlnst the Hoard ot Health to secure
his claimed rights, License has alwnjs
been Issued on tho recommendation of
that body. F. J, Uerry far petitioner;
E. P. Dole, Attorney General, and
Lloyd M. Robblns, Assistant Attorney
General, for the respondent.
Regarding the petition for payment
of u San Francisco claim against tho
cstato of John Phillips, deceased, tne
caso Is continued by stipulation until
Judge Humphreys by decree confirms
tho adoption with rights of Inheritance
of Helen Mabel Kuuleiponll, 10 montfis
of ago and daughter of Mary Ann
Hutchison, by Helen K. Kahookanu,
Oeorge D. Gear has filed a mnster'B
report on the nccounts of Henry It.
Macfarlane, Frederick W. Macfarlane,
ami John M. Dowsctt, tiustees of the
cstato of 11. A. Wldcmann, deceased.
It llnds cash on hand of lll.349.S3 and
recommends that this, together with
remalnlng'property, should bo dlstrl
buted nmong the heirs as soon as It can
bo Judicially determined who they are.
"Tho determination by th- Court," the
master says, "seems to be necessary In
order to dlschurgo the trustees from li
ability, for I understand thcro was one
sun, Otto, who has not been heard
from for about thirty years but-who Is
not known to be dead."
The report contains the following In
" "Of th ereul cstato only tho land do
scribed In Royal Patent No. 4010 has
been disposed of and tfcat has been
done under the following. clrcumstnces.
The heirs havu all agreed that this
nil In writing requested tho trustees
to comey the same to the Walunuo Co.
for tho sum of $100,000 In partial satis
faction of tho debt duo It from Carl
Wldcmann, und they further author
ize and request the directors to pay
tho balance of $2545. 45 duo the Wala
nao Company from said lease and
charge the same to their account In
equal shares. This has been dono nnd
each heir has been charged with $260.
CO on account of-hls sham ot the resi
duary estate. This will a'low the trus
tees, if they Bhould see fit tu pay over
to Carl Wldemann tho legacq of $15,
000 left In trust for his benefit.
"The heirs hae nlso dono another
gracious act In permitting the trus
tees to chargo to each ot them tho sum
of $297.70 on account nt each one's
sharo In tho residuary ef.tato for tho
purpose ot paying off tho debts due by
their mother's estate in order to render
effective the legacies nnd bequests pro
vided for bythe will."
Irene II Drown, guardian, files an In
ventory of the cstato of Francis Hydo
II Drown, minor, showing 499 shares
in John II Estate, Ltd., valued nt par
ns $19,900, and of tho estate of Georgo
II Ilrown, minor, showing $19,900 II
stock likewise, besides a $1000 Gnern-
ment bond and TO head ot cuttlo valued
James Attld petitions tint Geo. R.
Carter bo appointed administrator of
the estate of his deceased wife, Cath
erine P. Auld, which Is valued at 11100,
of which $800 represents land on Mo
lokal and 'Maul. ,
Ed. Hoffschlacger & Cc. are suing O.
C. Aklna nnd others composing tho
Iock Shin Tong Society for a balnneo
ot $191.56 on account of tho erection ot
a building at Kohala by L. Aeeu, who
assigned the debt to plaintiffs.
M. Dolllnger has been appointed tem
porary administrator of the estate of
nenjamtn Stclgamann, the wife mur
derer and suicide, on th eretitlon of tho
woman before her death, under a bond
COL: HEUER'S WORK HERE
Lieut. Col. W. H. Heuer of San Fran
cisco Is one of the Shrlners now visiting
In Honolulu. This gentleman Is In charge
it the rivers and harbors of the northern
part of California to which district Ma
wall belongs. Seen bv a Bulletin reDorter
aboard the Zealandla this morning, Col.
Heuer had the following to say:
"I am here for the purpose of looking
Intd the Pearl Harbor matter. As you
know1, the Navy Dapittment has recom
mended the cleaning out of the cntiance to
the harbor. Certain plans were presented
and Congress appropriated ft 00,000.
"What I am to do Is to go down to the
place, examine the bar that Is to be got
out ot the way. The General plan is to
have the ,channel 30 fee deep and 200
wide. I will go down In the Navy sta
tion launch tomorrow morning and srenJ
tie or six hours looking over the place
preparatory to handing In my report.
More llnbeuti Corpux.
Chlng Ahoo Is making a fight
against Collector E. II. Stuckablo's ro
fusal of permission for him to land In
Ihls Territory. Kinney, Uallou & Mc-
Clanahlin havo sued out a writ of ha
beas corpus on his behalf, which Is re
turnable before Judge Kstee at 10 n. m.
tomorrow. The petitioner was born In
Chna but lived In these Islands from
1SS0 till 1899. In the latter year ho
went homo under a return permit. At
the expiration of the timo limit he
fell III, and had tho permit extended
as tho statute, allows. So he claims.
If the Court do not seo his right to
land, he will bo deported In tho Ameri
ca Maru tomorrow.
Mauna Luh'h Report.
The Mauna Loa arrived In port at an
early hour this morning. Purser Slmrr-
son reports as follows: 42so Dags or sugar
at H. A. Co. "Diamond ' cleaned out.
There were 820 bags of sugar at Kukul
haete and 3000 at Honokia. It was very
windy at Kau and there was a heavy
swell on. Plenty of rain In that district.
2'i Inches be ne reported. The Eclipse
anJ Upolu were both at Kallua when we
Reception at Capitol.
Governor Dole's reception to the
Welting Shrlners at tho Capitol this
morning brought out n ltTrge atten
dance of resident lady rtlntlves of Ma
sons. The band played nn inspiriting
Thomas IUack leaves In tho Ktnau,
after paying a lslt to his wlfo and
children In town, to transfer his ser
vices as engineer from Ookala to Ko
hala plantation mill. Ills Honolulu
friends were glad to ret n glimpse ot
Kerr & Co. liavo values In men's'and
boy's clothing thai cannot be dupli
cated. They nro making a specialty
Just now of boy's tweed pants at 25
cents per pair.
Thcro will bo n tlanc nt tho Hawa
iian Hotel tonight in honor of the visit
Many a train of thought should parti
cipate In n head end collision.
FOR MUDDY STREETS. '
The Doctor's Advice
Is to keep your feet dry and
This is what OUR HEAVY
BOX CALF IN TAN
BOX CALF IN BLACK
0 will do o
$4.50 Per Palp.
lllsHflE COMPANY U
fjfciitn rrY- inj
Vj. a. It tA 2 Uk
-,.(& .tft.wW' JH-m.
MXdfMf iitiL. . ..f.-J tji TfiatiTWtf fHii 1 11