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TMcK 1NLEYS ELECTIONS-BULLETIN AD.a
trA8URC MERCHANT'S PROSPERITY.
ra r i m a n r i n
V 'K -,
" L..5 J
Attomej-aanernl Dot Declares Imported
Merchandise License Pees Unconstitutional
. ", Advises the Governor to Bow to the
,' Inevitable-ISo Defense to Suit of Davles
Afofncy General E. P. Dole rendered
an opinion to Governor S. 13. Dole thin
ixomlng of momentous purport.
It throws up the sponge on the. mer
chandise license question, thero ot be-
y Ins a peg whereon to hang a contest
J !)u defense of the license. As the At
"prnev General says, the question In'
?olves more than $100,000 of revenue
tn the Territorial treasury .
The question has been sizzling in the
executive saucepan ever since Septem
ber 20, when Deputy Attorney aener.il
J. W. Cathcart reported to his chief
having run up against a constttutloii.il
snag -white performing an official de
tail. Not an Inkling of the serious
business, however, was allowed until
today to reach the taxpayers through
t'ie press. Even then a gross attempt
'was made to discriminate against tha
evening papers In giving the news.
When, half an hour after the council
r filing, Private Secretary Hawes re
ferred the'cvcnlng paper reporters tn
the Attorney General and tho Treasurer
for I'zrtlculars, both thoso officials had
t'one to' luncheon nnd could not be sen
fit thefr' ofllces' until too late to get
ayythlng.for the evening press. A clerk
In the Attorney General's oPlc6. how
ever, showed tho reporters two copies
of Mr. Cathcart's report and tho At
torney 'General's opinion which were
held lor the morning papers.
Attorney General Dole Indicates at
the outset a conflict of Section 7CI of
the Penal Laws with the Constitution
of '.he United States. The Bection be
gins thus: '
'The annual fee for licenses to Bell
Imported goods, wares and merchan
dise to bo known as a merchandise li
cense shall be nfollows:" Tho section
then makes inks of license fees accord
ing to gross amounts of sales for differ
ent clauses of merchandise.
Tho Attorney General refers to a suit
begun by Thco. II. Davles & Co., ltd.,
contesting tho fees for goods Imported
from tho United States slnco the lnau
filiation of the Federal tariff, and com
ments ns follows on the questions rats
ed: "If It could too a possible doubt of tho
unconstitutionality of tho section I
should consider It a plain duty, whero
so much Is Involved, to mako tho best
fight I could In tho courts, but thcro
Is r.tthlng I can do except, In effect, tu
ask the Justices of n Territorial Court
to override the Constitution of the
United States as Interpreted by tho Su
preme Court of tho United States from
the time of Chief Justice Marshall dur
ing the greater part of the century. Un
der theso circumstances it Beems to me
that tho moro candid and dignified
course Is to bow to tho inevitable"
As tho end of this opinion tho At
torney General says that If tho Leglala
tuic strlko out tho slnglo word "Im
joued" from the section ho thinks It
would mako It freo from constitutional
lu conformity with the Atorncy Gen
eral's advice tho Governor has bowel
tn the Inevitable by addressing a let
ter to Treasurer Lansing with Instruc
tions to abandon tho collection of tho
Oahu Sugar Company had not a qua
rum for Its advertised annual meeting,
Saturday. Stockholders who woro
present, however, recotvod tho roports
of officers In pamphlet form. There,
A 5 Room Modern Residence
and Barn, Etc., well located
Rental 840.00 per month.
Also a large 6 Room Modern
with Barn, Servant's House,
Etc. Rental 540,00.
,- McCLELLAN, POND & CO.,
Tel. Main CD. Judd Building.
hid "been $752,047 expended in perma
nent Imprpvements. This Is nearly
covered by the Issue of bonds, enabling
tl.e'dlrectors to pay a. 2 per cent divi
dend In May and a 1 per cent dividend
monthly beginning with September.
Operating expenses for the year were
9n5,GI8, and net earnings $230,308. Tho
liabilities Include capital stock of 13,
COO.000 and a debt of $401,316 duo H.
Hackfeld & Co., Ltd. The substitution
of a Worthlngton pump with a Illedler
will enable a large Increase of accrago
cultivated. Labor Is satisfactory. Dur
ing the year S2 miles of waterways
hnvo been dug, capable of carrying In
freshet times 16,000,000 gallons a day
to z, storage reservoirs having a ca-f
parity of 000,000,000 gallons of water.
During tho past few months, Managsr
Ahrcns says, these ditches and reser
voirs havo nearly paid for themselves
on nccount of the bountiful supply of
water they have Becured. Each day
that tho pumps are Idle means a saving
of over ono thousand dollars In coal.
I f B-
i in m
Little Gladys Miner on
Witness Stand One
IN CHINESE SLAVERY CASE
Commissioner Robinson Will Commit
Defendants if He Finds Probable
Cause The Palawai
Gladys Miner, the little dauter, U
sill on tho witness stand in tho Miner
divorce case. This Is the eighth day
of the trial. Mr, Magoon was cross
examining Gladys at noon recess.
In tho Palawai Development Co.'s
cases II. R, Hitchcock, one of the de
fendants, by his attorneys, Davis t.
Gear, has tiled an answer In tho suit
of K. O. Hall & Son, Ltd., for debt and
a aemurrer in the suit of V. F. C. Has
son for dissolution of partnership.
W. J. Iloblnson, commissioner of the
United States District Court, this after
noon begins tho preliminary examina
tion of Ng Mon War and wlfo on tho
charge of keeping a slave. Tho com
nilssloner's status Is precisely the Baine
ns that of a committing magistrate- un
der Hawaiian law. If from tho evidence
ho find probable cause ho will bind tho
defendants over to appear before the
Federal grand Jury. District Attorney
J, C. Ualrd will present tho Informa
Walluku, Nov. 24. Tho now Hann-
olu Seminary built at a cost of 2,000
by tho Maul philanthropist, Hon. U. V.
Ualdwln, will bo opened noxt wook. To
day a big luau will bo given (4 Um
school house and all Maul haa ban In
vited to bo present, A very law Mm
ber cf friends of tho InetttuUca an
relatives of the pupils bar ilwnilj
gone op to view and Inspect Usto vtm
cstloDa Institution, and llktwt take
part In the fcstlvItlM.
Nona O Coke DImoIv.
WallukD, Nov. M. Th law tmm f
Horn tt Coke, tb nromlcant Woltaka
attorneys will be Masolrad b sMManl
C'onnt Mr. Hons will tarty tha
practice of law at lbtr praaaat baa
qusrtara tn Wallukn. Mr. Ceukt asa
not know where hta (atara eMae win
be. but It 1 hoped it win be aa Wat
lux. , .
Rev, Kckela on Maul,
Wnlluku, Not. 24. ReT. Kekate, who
was formerly a Hawaiian miaaloaary to
Micronesia, Is In Walluku, having
come to fill the pulpit of the Kaabu
nianu native Protectant church (or sev
Tho 'latest styles In shirts and tics
aro to be found at Iwakaml's, Hotel
street. Tel. MCI White.
HONOLULU, TERKiTOT OF HAWAJI. MONDAY. NOVEMBER 20, 1900.
,. Htmtera Have Bad Luelc,
It looked like duck weattr but It
waBn't. In this simple statement may
bo found all the disappointment a
Ptimber of duck hunters experienced on
tho other sldo of the Island yesterday
when, after standing In mud and water
from 6 to 10 a. m., they returned to
Honolulu with but two or three birds
It was fine weather on Saturday and
thoso who went over the Pall to the
ponds beyond, felt confident of good
bags but, alas and alack, they came
back with only hunger gnawing away
in the accustomed place. From Satur
day night until the time tho hunters
loft for town, tho rain never ceased.
CITY AND COUNTRY
Bishop & Co.'s Request for Gold From
Treasury Not GrantedLeakage
of SewersKalihi Camp
Governor Dole has addressed a let'e-r
to Treasurer Lansing defining tha
bound for saloon licenses in Honolulu.
It was presented at today's council, but
nut nvallable to tho afternoon papers.
Micro Is nothing new lu It from the
delimitation last reported, but It makes
the bounds then tentatively adopted
absolute. Merchant street between
Fort and Nuuanu Is one confirmed ex
cept Ion to tho symmetrical boundaries
ulco tho Criterion on Fort street and
the 1-ountaln on King street only until
the two latter licenses expire.
J. Dudolt's application for a light
wine and beer license at Kallhl, Kau.n,
was deferred for ln estimation by the
P. L .Meyers wrote saying he had
changed his Intended location for a
Bcloon at Walluku, to get the necessary
distance, from church and school, but
ai his application had been refused on
other grounds It was not reconsidered.
A'l application from F. L. Lcslls for
a light wlno and beer license at Na
loopcc was deferred.
A. S. Spencer's application for c
fslm.lM- license nt Walniea failed to re-
celvo tho approval of tho sheriff.
Bishop & Co. had asked tho Treas
urer for gold In exchange for sliver
Ihey had on deposit. As the treasury It
rather low In tho yellow met. the
council thought It better not to gr.int
tho leanest at present.
Hnnltary Engineer Edwards appeared
to glvo tho opinion that tho sewers did
not leak Inordinately. Superintendent
J. A. McCandless was left to come to an
unl'orstuudlng with the contractors,
Vincent & Reiser.
1 he Superintendent of Public Works
was authorized to allow tenants to re
main at Kallhl detention eatp If th
lenis bo sufficient for maintenance of
HID OUT TO SEA
Walluku, Nov. 24. Walluku and Ka
hulul residents have been without wa
ter for' nearly three days this week,
from Sunday till Wednesday morning.
The new Walluku water pipes have
been carried away by tho recent storm,
the reservoir was empty last Suturday
night, and on Sunday morning peoplo
were seen going to tho Iao stream with
buckets to bring water for domestic
W. E. Dal, superintendent of tho wa
ter works, got out of his sick bed, hav
ing suffered pneumonia for two wcel:s
previous, and got enough men togeth
er to go nnd repair tho ilamugo dono by
tho storm to tho new government six
Inch water pipes above tho first, second
nnd third crossings of Iao stream.
About 750 feet of six Inch pipe was
washed nwuy by heavy boulders, nnl
600 foot of plpo was cnrrled by tho
frcahet far out to sea for they could
not bo located.
The $900 trcstlo work built above tho
third crossing Ib no more as already
Mr, Dal has dono noblo work Ib try
ing to repair tho pipes and connect tho
water mains again so that Walluku
and Kahulul people can got some water
bat tho repair 1b only temporary fo?
thcro nro no six Inch pipes on band
to replace thoso missing. Mr. Del has
dono work which nobody olso would
have dono, if it is only known that lm
pay ns superintendent Is less than that
of an ordinary policeman. Hut It was
tho accommodation of tho public that
ho was looking after, and not with tho
expectation of any financial remunera
Cotton challcy 5 cents a yard; shirt
ings, twenty yards $1.00; new styles in
ginghams 14 yards, $1,00. Liberty Bilks
15 yards, $1.00, L. D. Kerr & Co. Queen
King Street Flooded for Blocks nnd Street Cars
Blocked In Rull CareerFront Yards Almost
Knee Deep and Men Prevented From Oolnjc
to WorkWashout Down Road.
"I believe this to be the other half of
H'o Kona, the southerly half of which
we haie already had. This Btorm Is
from the north. The barometer wentfor the previous 24 hums.
iluwn last nlglit, showing a contlmu-j The wires of the Mutual Telephone)
tlo.i of tho storm but It went up again Co, hae suffered but little from tho
later on. I cannot say whether or no
the storm will continue throughout the
iliy. It has not broken yet arid tho
chances arc we will have more rain to -
day and tonight. Tho storm started
early )csterday morning although the tlon of two, live In the suburbs of tho
elements began to gather Saturday of-' city and have found It Impossible to
tnnoon. From the time of the begl.i-'fcet lo town. Finding two men Inade
nlng of the storm until 9 a. m. yester- quale, tho management decided not to
day, tho rain gauge showed .30 Inches
anJ from that time until 9 a.'m. today,
tl' record was 5.15 Inches or 5.75 for
the whole storm. At Luakaha, Nuuanu
Milley It was 0.10 Inches."
Tho abov.e Is the statement of Tcr
rlviuirbl .Meteorologist Curtis J. Lyons
nnde jo a bulletin reporter this morfL
runortlietly'atorm that began early
Sunday morning 'has been'genernl and
l:ns been felt-ulayer this Island. Us
end Is .not yet In 'slghf'itnd the possi
bilities of untoldMaWage to the city arc
Eittt .Mr. Lyons is not sure if tno
backbone of the storm Is broken )eu
It It it not and the record of last night
Is kept up, thousands of-doligVs will bi
For quite n wlille this morning, thero
were blockades on both the "King am)
t. ...... 1- . . ,1 , .5 ...
uciciuiuu nueei lines, maKins It im
possible for working men to get to th!r
places of business. Tho water com
plctely submerged tho tracks at various
street ciosshigs, causing tho cars to
run off at these points. This state of
affairs wns wot so on King than on
Diii'lnnla trcet. Tho running of tho
cai-a became scuh an uncertain quautlty
mac peupio citner ordered hacks or
rt!kcd to town.
The car stables nt Kallhl aro In vciy
r.r.d shape and that part of the strict
j'l.'.r outside Is simply Hooded this
morning so that It was all but Impos
sible for peoplo to pass. Peoplo lllug
In the four or five cottages back of the
stables were forced to escape for tho
water from the stream near by added
to the volumes from the direction of
Kameliamelia school rushed down and
rilled tho auls at least four feet deep,
erttilng tho houses and covering tho
floors fur tho depth of a foot or more.
For' tho spaco of about fifty yarda
along tho King street road on the np
I'lO'ich to Kallhl proper, tho water Is
linking across from tho upper rice
fields of tho lllshop Estato to tho lower,
tho depth on tho road being about six
Heeldents of King street all the way
from the Walklkl road to Punchbonl
sticei, are certainly In a bad way.
Their front yards aro filled with water
tho depth being a couplo of feet lu
many places. When wishing to' leavo
their houses this morning, they found
It impossible to get to their front gatoi.
On attempting to get hacks, they founl
tho telephone system utterly useless.
In tho various places whero excava
tions for building foundations hnvo
been In pi ogress, work has censed nnd
the laborers havo gone to their homes
on account of tho continued pouring
In of water from nil sides. The lower
part of tho excavations for tho Young
olock Is a erltablo pond.
On King street this morning and par-
tucularly at tho Pllkol street cros,s-
Ing, gangs of men, standing knee deep
in rapidly rushing water, wero busy
dealing away the mud and other ob
structions flowing from tho upper
levels, had Btopped tho How of tho wa
te' toward tho sea. This was found to
be a very difficult matter on account of
the fcrco of tho great volumes of water,
Iluslness men wero seen out In tVlr
yards, barefooted and trousers rolled
to tho kneo, putting into hnpo what
had been disturbed b)Mho storm. They
found that many of their young trees
or.,1 plants of all kinds had either been
destroyed or carried avvny.
The- peoplo on tho upper levels such
ub Bcrctanla street and abovo havo
been very fortunate. The heavy rn!n,
unaccompanied by wind has left their
places well soaked but that Is nil. Tho
water has all gono to Incrense tho dls
ngrrcablo situation of tho people liv
ing farther mnkal. T
Peoplo on Emma street below 1I13
Royal fcchool hnvo also been sufferers.
Outtldo of Frecth'B, citizens havo bevn
busy making a ditch In order to deflo-t
further water from their low lying
arils. It Is bad enough as It Is but
much more water would menu that
tho peoplo will hav eto move out.
The peoplo up tho valley have not
suffered at all. The water finds a na
tural outlet Into the streams and flows
away to tho sen.
At E. W. Jordan's residence, Nuuanu
valley, tho elevation being 230 feet
above sea level, the rain gauge nt 7
o'clock this morning showed 6.00 Inches
effects of the rain of vc-sterday and last
'night Is th estatcment made ntthe tele-
' hone office.
1 The Independent will not Issue to
day. All the printers, with the evcoi
Issue a paper today.
Three feet of water was found lu tho
'ellar of the Elite bulldlnc on Hot.l
klrcet at an early hour this morning
and a gang of Jaanese was set to woik
getting out the water with buckets,
Ills method laa found to be nltogeth
cr too slow nnrt laborious so an appeal
wr.s made to Sam Johnron who h.14
cluiige of the excavators of the Hoard
of Health. An exenvator was on the
scene at 10:20 nnd work began. Man
ager Hauisey had the follow lug to say
Ito a Ilulletln reporter:
"Tl.e top of the cellar of the Ellto
b'lljdlng Is oicr u foot lower than the
property Immediately back of It and,
dining tho nlglit, great volumes of wa
ter came How lug down frum Garden
lano and the surrounding property.
Thci.fi found their way to the Mutila
tor pipes nnd from there to tho cellar
which fllled'beforo we could do any
thing. "On Saturday last, we put over $3,00u
wotlh of confectioner's material Into
ie cellar-. This consignment had Jiu,t
come our from New York and wu
were making arrangements for the pcr
irarcnt Installment of the candy fae-
tory In the basement. Uoxcs and bags
of material were piled on tho lloor eo
that, when tho cellar filled, the lower
ones were rulncd'hy tho water. Accord
ing to my calculation, wo have lost lu
the neighborhood of S1000 worth" of
A. though tho Nuuanu stream Is a
great deal higher than usual, Its vol
ume would not seem to Indicate any
extraordinary fall In tho mountains.
On tho other hand, It shows that the
rain on the Island has been pretty e on
ly retributed. Had thero been n cload
bum or anything of that nature in tho
U'ciiiitalns, tho Btream would have been
molten to dangeious proportions.
From tho great flow of water down
.Maklkl and Keeaiimoku stieets this
uninlng, It wns thought that tho Ma
klkl reservoir had overflowed, Andrew
Ilrox.n was seen this morning after lie
had mado n round of the resenolu and
ho Muted 'that all these wero In flrrt
rate condition. Thero wus no overflow
The cellar of tho Magoon building nt
tho corner of Merchant and Altikea
btreets wns found to be filled with over
two Icet of water this morning. This
stato of affairs was caused by tho do
fectlvc walls of tho cellar and tho rush
ing In of water from surrounding prop
lliero aro three compartments to th s
cedlM, Tho ono faithest Ewa has been
used by tho Oceanic Gas & Electric Co.
ns a place for tho stoiago of valuable
electric appliances of all kinds, a lot
of wilch was directly on the floor. The
dniuago has not yet been ascertained
but It will certainly bo found to be
A 1 limp run by electricity was set lo
work at about 11:30 o'clock and it s
cxptctcd that tho water will bo all out
by this afternoon. If the rain should
again set in, tho pump w 111 havo to ho
kept going Bteadlly as n great lot oj
vvatei Is Beeping lii'tliiough the walla.
Tha second compaitment of tho cellar
Is stored with an Immense quantlty.ot
renernl merchandise owned by S. Shi
maoioto, the Japanese merchant who
r.cittly opo'uj up mi establishment
jur nbpve. No move tar, yet been
ru.rte toward pumping cut this placo
lut it is probablj tha' the pump of tlw
R.-.'ftrlc company win bu 111 ed.
The compirtmcnt fai'.hca. Ewa 's
vrtd by Will i: l'Ler the ructlono.'r
ns a place for Iho tioi.igc of valuable
a'llclcs'to bop!,i"od on sale., Consldo
nble damage his beeu done theso by
tna flowing la of Iho vaio-. Itot'is
Cii'i ese tallo.'i oceiii r..vt af this com-in-went.
. The shipping along tho wnter front
hns not been disturbed as It was dur
ing tho flist hnlf of tho present Kom
:.torm but this Is veiy piobnbly duo to
tho fact Hint thero Is nothing much do
ing on the wharves anyway. Tho Isl
and steamers will all go out on time.
At 11 great nuiube'r of pltieea down tho
road, the water Is very high along the
f-0ck!of tho 0. II. & L. Co. but, so fur
as can be learned, no great damage has
PltlOK 5 OKNT8.
been done. Thero was a slight wash
out nt Kahtiku but this did not
amount to very much. Upon tho ar
rival of the mornlngtraln at that place,
the message was sent to the offices of
the O. R. & L. Co. that there had been
na trouble getting over tho space of
track affected by tho rain. A gang of
mon It now at work repairing the dam
age. it was thought this morning that
thcro had been another washout nt
Kahaulkl but, upon Investigation, 'It
was found that rlco straw had banked
up against tho track and water had
covered over tho whole thing. This
strnw was removed and the morning
train passed along wlthout'further diffi
culty. JAMES IIUTCIIINGS DIES
AFTER BRIEF ILLNESS
Cholera Morbus the CauseAn Eng
lishman Old Resident of Ha
waii Leaves Wife and
James llutchlngs the grocer died be
tween 9 nnd 10 o'clock last nlglit nftcr
hr. Illness of less than a week and
which was regarded serious for but two
iias. The fatal malady was cholera
The lamented citizen was a native of
England nnd a resident of these Isl
and? lor many years. Ills age Is given
as more than SO jenrs. Ho leaves a
wlf", a Portuguese woman whom ho
married here, and ri family of six chil
dren, tho younacst but nine months
old. It Is feared lhat tits estato will bo
vorth'flttio tn them.
Mr Hutching! vrs.n long tlmo salci
11.an at .H.'.Mt A. Co.'s, and leaving
taeio i'few jiars ngu Lrcamo managir
of the KcVaha sioio on Kau.il. Hctura-
lug to lliit.iuulii u few jears ago i-.
stalled n grocery sicro on his own ac
count. Latterly bu occupied ono of
tho slores In the Progress block nn
kept a very neut establishment.
For sumo time after returning froit
Kauai Mr. llutchlngs was In oor
health. Hu complained of being (
of malaria. Eight years ngo Mr.
llutchlngs had n leg broken In a tie;i.
liar manner.. It snapped when he we
sti Iking at tho ball In a gamo of crick
et. He was well known nnd highly re
spected In tho community.
The funeral takes place nt 2:30 this
afternoon from the house, Kaplolanl,
DPtween Spencer and Prospect street.
unil bo under tho direction of II, 11.
Williams. Services will bo conducted
ly Hew V. H. Kltcat. Interment will
be In Nuuanu cemetery.
Chapter of AccldcntH
Walluku, Nov. 24. Mrs. Chas Ako of
Xlakuwno, was kicked by n horso this
week, and sho Is now suffering with a
broken leg below tho right kneo. R.
W. Filler superintendent of tho Kahu
lul Railroad Company, nlso met with a
very painful accident list Thursday,
which resulted In tllslocntlng his right
kneo cap.. Mr. Filler Is laid up In con.
sequence but his friends hopo to sea
him nbnut again with renewed Btrcnglli
. THE WATERMAN IDKAL FOUN
TAIN PEN. All sizes, nil shapes. H.
Shirtwaists, splendid cut nnd latest
styles from SO cents to $1.00 nt L. O,
Kerr's big salo.
FOR MUDDY STREETS.
Is to keep your feet dry and
This Is what OUR HEAVY
BOX CALF IN TAN X
BOX CALF IN BLACK
o will.' do 0 ,
jtfltVfMuitiKtlmWlt-'1 .2a..-: .h.. ....w.,..-..-.
taLfcfili4U&, .- .,1b; UfkljMUatblMlu.li). .
Jh k 1UL ill ,
"-. -d-ai! -."