Newspaper Page Text
A BULLETIN AD. IS NOT AN EXPENSE
IJ IS A PAYIINQ INVESTMENT.
Vol X. No. 173(1
Honolulu, Territory of hawaii, Saturday, .'faxuary 12 idol
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Report of Commissioner
Shorey to Board
v SCORES OF MILK
Minimum Standard Tentatively Made
Legislation Wanted to Fix
the Standard and LiabilityDrugs.
E. C. Shorey, Food Commssloner, In
his report for December mentioned fn
the Hoard of Health proceedings else
where, states the basis of distinction
between pure and watered milk.
"There Is not here as there Is In manv
Stntes a legal standard for pure milk
fined by the Legislature. To tako tho
pl.ic of this 1 have established by ana
lyses of milk direct from all of th?
dairies here the following average: To
tal solids. 12; butter fat, 3.57c. Mini
mum: Total solids. 11.: butter fat,
"And In deciding whether a sample
of milk Is waterqd I not only mako use
uf this average but also tb.e analysis
of pure milk from the dairy In ques
tion. Any sample below the minimum
given above I regard as suspicious bu".
in some cases In order to bo sure uf
doing no injustice It Is necessary to
pa? samples a little, under this."
Mi. Shorey presents tho analyses of
f.T samples from 22 dairies and two
Chlneso restaurants, with one sub
mitted by a private party, which range
ficim 1S.60 to 11:30 solids nnd from
i.Stf to. 2.90 butter fat. It Is Inter
esting to observe that tho Chinese res
taurant furnished- the high minimum
of 12.40 solids and 4 butter fat.
Adulteration Is charged against six
sample of two drivers' fromtho 8ar
dairy, the proportion belngjfrom. G to
151; ono from Kapena dairy, with
S; ono from M. I'echcco. with 5:
one from Kwong Gqcs restaurant In
Kort street with 8; one from Chi
nese restaurant, Nuuanu and Hotel
st(ets, with 8.
The Commissioner visited nil tho
stoics from which Bamples of adultci
ated coffee were obtained In the two
previous months, In tho majority of
ruses finding either that the dealer no
longer kept coffee, that It was pure or.
If adulterated, properly labeled. In tw i
cases the adultcrnted coffee was still
exposed but the dealer refusod to sell
him any. A Bample bought of Yung
Kee, Emma street, was adiilteiatr-1
with chicory and cereals. Mr. Kco wai
fined $25 In the I'nllce Court for selllm
"Yung Kee's store also yieldod an ex
tract of lemon that contnlned no oil
of lemon, and tho brand of which the
Commissioner hud not seen elsewhere.
"In the matter of crtracts." he observes
"people allow themselves to bo de
frauded In their desire for a cheap ar
ticle." One sample of beer was examined for
salicylic ncld without finding any, and
ono I headache powders refused to
yield morphine or other alkaloid. Sam
ples of pulverized sugar from five of
the white mnn's'groccry stores bnd no
adulteration ln'ony of them the rep-i-tnhle
grocer must have given up, sonm
time within he nineteenth centry, tho
pinctlre of sanding tho sugar which set
our forbears' teeth on edge and caused
tumble In tho church.
Amendments recommended to bo
The Splendid New-
now being laid out by the
TRUSTEES OF OAHU COL
LEGE above Rocky Hill.
and Streets arc
Prices and Terms will be An
nounced Soon by the
maclo In the law nrc as follows: In
stead of "manufacture, offer for sale,
or sell," make section 1 say "manufac
ture, offer for sale, or deliver," Add n
clause making the presence of any fond
or drugs In a salesroom or delivery wu
Son prima facto evidence of offering
for sale. Add to clause In section 3,
"distinctly labeled as mixtures or com
pounds," some description of the size
of Jypc to be used, so that the law can
not bo evaded by making tho word
"compound" or "mlxturo" Inconspicu
ous. In Roctlon", defining the duties of
the food commissioner, the word
'drugs" Is not found, so that It Is nut
his duty by law cither to examine drugs
or to make complaint In case of their
adulteration. It Is evident from tho
other" sections of tho Act that It wno
meant to niply to 'drugs as well as food,
and" the Commissioner recommends!
thai tho section should bo amended to
cover this point. He also asks the
Board of Health to consider the ad
visability of recommending n legal
standard for milk nnd other foods.
BOARD OF HEALTH
EXCEEDED ITS POWERS
Building 'Permits Must be Issued
When Statute Relating Thereto
Has Been Complied
D. I.. Akwal has fought and won the
brittle of building permits In China
town, and a host of desiring proprietors
will no doubt quickly grasp the advan
tage. Only yesterday T. U. Munty
gave in to the health regulation Hint, at
tho very moment, was made void by a
decision of tho Supreme Court.
Superintendent McCandlcss refuted
Akwnl a building permit on the groyn 1
of tho Hoard of Health's regulation
made to prcventHho erection of build
ings within certain described areas un
til tho 'ground had been filled up to
street grade. Mr. Akwal applied for i
writ of mandamus to compel tho Su
perintendent of Public Works to Issue
tho permit. Judge Humphreys granted
a peremptory writ. The Governmen;
appealed, but the Supremo Court, In a
unanimous opinion written by Chief
Justice Froar, aillrms the order of th
Circuit Judge. Lorrln Andrews ap
peared for tho applicant, and Attorney
General Dole for the respondent.
The gist of the decision may bu found
In tho following parngiapli'
"Tho resolution of the board was
directed to the grunting of permits urn',
not to ttie use or occupation of alleged
Insanitary premises or to the making
of such piemlsea sanltnty. Not nnl."
hail the Uoaid nothing to do with tre
building permits nnd had no authority
to pass a resolution In direct contra
vention of the statute which lnudo It
! obligatory on the Supeilntendctit of
riiuiic wonts 10 grunt wm punmi mi"n
tho applicant's complying with the pro
visions of the Btntute. but It. went out
of Its own proper sphere of action ns to
the method of accomplishing the de
sired end. While It has large power.
for the protection of the public health
and safety, It must use appropriate'
menus to accomplish inds to accom
plish ends within the scope of Its pow
ers. It could no moro prohibit the
granting of n building permit than It
could prohibit tho execution of a lease
of tho premises or the execution of a
contract to erect a building thereon.
Tho grant of a permit would not of It
self endanger tho public safety nor
would It necessarily lead to anything
that would endanger tho public Bafcty.
Many good reasons may easily be Ima
gined for obtnlnlng n permit upon cer
tain premises even though In nn In
sanitary condition without nuy inten
tion of doing anything prejudicial to
tho public health or safety.'
All along tho Attorney Qeneral had
been ndvlslng tho Board that It had
limitations to Its powers which only
the courts could certainly determine.
In tho building permit mutter tho
Iloard deemed It wlso to take somo ac
tion for preventing rebuilding of Chi
natown wherever tho ground lny below
street grades. According to tho court',
It was ahead of Its powers, These como
Into play when It comes to Inhabitants
moving Into unsanitary houses. Also,
thero Is a law, that has hitherto stood
the test, for condemning lands "dele
terious to public health." Building per
mits do not belong In that catogory.
Thero was to have been a meeting
of tho Manoa Cemetery Association of
Chlneso merchants at the noon hour
lyeSrterday but thero wero not enough
members present to constitute a qou
rum so it was decided to adjourn until
next Monday. The meeting Is for tho
consideration of various matters In
connection with tho ownership of plots
In tho Manoa graveyard,
TUB WATERMAN IDEAL FOUN
TAIN PEN, Atl slzca, all shapes. H
IVov Company Will Soon JFIIo Papora of Incor
nbrtitlon'-Oeorjie Smith, President, Dr.
Wood and P. Lowrey, Officers doing to
Put In Perfect System to Compete with Old
Affair Nichols and Howard are Promoters
On Alondu) next tberc will bo filed in
the olllte of tho Superintendent of Pub
lic Works, the arif JIH of association of
a new telephone company In wh'cn
George W, Smith as president, C. U.
Wood. AI. D., ns vice-president, F. J.
low re . treasurer, A. llames as sec
retary, !:. II. McClanahan ns uudltar
nnd Hcmy W Howard, At. 0., ns one of
tho promoters, will appear as the In
corporator. A. E. Nichols, I). I). S
together with ilitiry W. Howard. At.
D arc tho promoters. This new com
pany has been in contemplation for
somo time past and Its formation has
been brought about by tho numerous
complaints that have been coming In
for many months past against the pres
' Tho now corporation is to bo known
us the Century Telephone Co., Ltd., on
account of Its Inauguration during the
first month of tho new century. The
principal nlllce will be in Honolulu.
Article 3 of the articles of association
reads as follows: "Tho purpose for
which tills corporation is organized
are to own and operate it telephono
system In the city of Honolulu nnd In
other portions of the Territory of Ha
waii! and for bucIi purpose to own or
lease reul estate In the Territory of Hi
wall that shall be Incidental nnd neces
sary to the operation of satil telephono
system: to ncqulic. to own or lease
telephones, switchboards und all neces
sary apparatus and paraphernalia usel
In connection with nnd as part of
telephono system; to make and enter
Into contracts nnd agi cements and all
other necessary Instruments Incident
and necessary to the construction und
operation of said telephone system nli.l
Incident' and necessary to tho owner
ship, acquisition or holding of fran
chise or other grants or concession
from public or private corporations oi
bodies, to acquire and hold stock In
other corporations where such acquisi
tion nnd holding shall bb necessary u
bcenflclnl to the successful operation of
this corpoiatlon, to. manufacture and
produce telephones, switchboards, anil
ull other necessary paraphernalia and
npp.untus used In connection with A
telephone system, und for such imrp wo
tu acquit c nnd hold ie.it estate wthlu
the Territory of Hawaii, to build .
toiiBtiuct In connection with said tele
phone system undcrginund conduits;
to elect and maintain telephono wlies
nnd poles beneficial and necessary In
connection with said system; to ac-
qulie, hold nnd deal In stocks and
bonds of other corporations when doi.u
Incidentally to the main business; to
inquire and hold und to sell and deal
In such personal property anil BU.-h
casements, rights and privileges 'inJ
franchises us may be usefully held and
dealt In, In connection with Its said
business; and tho transaction of nil
business and tho doing of all things
which may bo lawfully done In connec
tion with the purposes aforesaid, or any
The capital stock of this corporation
Is to be $150,000. jlvlded Into 15,000
shares of the par vaTuo of $10 each (thin
to Insure n large representation of the
citizens of Honolulu on the list uf
stockholders), with tbo option of In
creasing this capital from time to tlmo
to a sum nut to exceed $1,000,000 und
the issuance of shares of the same par
Each of the five officers of the torpor
atlon, mentioned above, bind them
selves to tako ten shares while Dr.
Howard will be responsible for 1500
shares of paid up and 13,400 shares of
assessable stock In his own name, as
To show that tho now company has
an excellent backing In addition to til.)
officers, It might be mentioned that
Hnlstcnd & Co,, brokers, will handlo
all tho sock and have absolute, charge,
of tho stock that Ib to bo placed on
tho market. It Is tho Intention of the
corporation, through tho agency of
Hnlstead & Co., to send out agents Im
mediately to secure subscriptions for
tho new telephono system.
Article C of tho articles of awiotfln
tlonfl reads as follows: "This corpor
ation shall have succession by Its cor
pornto name for tho term of fifty year.!
and Bhall have all the powers and bo
subject to nil tho liabilities provided by
law for Incorporated Joint stock com
panies and ho subject to all general
laws now or hereafter to be enacted
In regard to corporations."
Tho now corporation has two systems
under consideration, Tho first of theso
Is the ordinary, up-to-dato circuit sys
tem, guaranteed to work In n perfectly
satisfactory manner and frco from nil
The second Is the automatic system
that. In stalled recently In San Francis
co, has proved such a boon to the busi
ness men of that place. This system
requires no "Hello, Central!" the oper
ators having no ear pieces whatever.
Each person mnkes his own connection
by means' of n push button and nlo
attends to the work uf disconnecting
when the talking has been finished.
Each number Is marked up In the telo
phoen office by means of the push but
ton and makes Its appearance above
the number of the person making the
connection. Thus, there Is nbsolutey
no danger of not being "heard" by
"Central" and the number can nevir
be mistaken. When a number appears
"central" uses the pegs and tho thing
is done. The (onvcisutlon over the llri"3
will be perfectly private, there being no
ear piece In "icutiul" office and out
siders being In uo way ablo to know
of what connections nro being made.
Naturally, this system has met with
most favor on the part of tho men who
huYc ussoclatt d themselves together In
the company. One of the number has
ahcady tested it In San Francisco nnd
brings buck the lepurt that It Is slinplj
This automatic system as the first
named, will have nil Its wires In under
ground conduits, doing awnyvlth the
present cumbersome nnd faulty system.
This means that thero will be no more
reports of "wires crossed" from the
central office. In addition to this, nil
possibility of Induction, which Is so
annoyliu in Mm present system, will
be done away with, and ps ipln will be
able to tnlk with each other with free
It might ho mentlonel here, tliM
when the company Is fairly U.uteil
(iissumlnc. 'f lOiirso, that tl : automa
tic system will be chosen), the "ticker"
utachment may be put Into the offices
here. Ily tbls means, a person wishing
to communicate with another nnd not
finding him In, may leave his name and
number so that the lattter, on entering
his place again, may know who his
tailed him up.
The names of the men behind tho
corporation constitute a sufficient guar
antee that the thing Is to be a go from
NEWS TO YICE PRESIDENT
James II, Castle, vice president of tha
Honolulu Rapid Transit Co.. was at his
olllce In thn Juild block today. On be
ing nsked regarding tho report that
Air. Thurston's visit to the Const was
connected with n scheme of amalgami
tlon of the Rapid Transit and Hawa
iian Tramways interests, Mr. Castle
"It Is news to me. 1 don't know any
thing about It beyond what I liuta rea I
In the papers. Of course It is possibly
that word might have como to otheis
without my knowing It, as I havo been
kept nt homo part of the time lately by
KAHN BILLCAN'T PASS
Wm. Haywood, writing from New
Orel.uiB, Dec. 28. to Jas. O. Spencer,
secretary Chamber of Commerce, states
that his Washington mall, which
should havo posted him on 'matters
there ns he had arranged, bad been
sentVo Honolulu, adding:
'I havo gone over, caiefully, a fllo
of the newspapers since Congrets con
vened, nnd find that tho general opln
Ion prevails that nothing will be done
nt this' session except the nproprlatlou
bills and ono or two of the more im
portant measures of national Import
ance. This would seem to mnke It Im
possible for the Kahn bill, which af
fects Molnkal, to pass at this besslon.'
A completo now stock of shoes hn
been received nt I B. Kerr & Co.'s
ehoe store, corner Fort and Hotel
streets and will be sold at tho merest
shuvlug of profits.
Dr. Ilussell and J. T. Ilrown, suc
cessful candidates of tho Home Kulo
party, arrived In tho Clnudlne,
Paul Isenberg rcturnCJ In the Claud
Inc ufter a short trip to l.almlna.
"Ala, I bought you soma enndy dow u
"That was kind, Tommy; where Is
"Well, mn, I was so long comln'
homo on tho cars that It didn't last till
I got here,"
He Throws a Bouquet at
SUPREME COURT DECISION
IN LAZARUS ESTATE
Guardian Dayton Suing for Minor's
Rights-Papers in Probate Matters
-Fowler & Co.'s SuitsAn
other Chinatown Insurance.
Tavld Dayton's action, as guardian
of Thomas Aletcalf, minor, against
Helen K. Roland and others is for
ejectment from land at Kawulahao
yielding rentals of $40 a month, nnd
$100 damages are claimed. The answer
of defendant above named, relying
on fraud as a defense, has been already
noted, The mlnnr's claim Is bused on
tho will of his grandfather, Theophllus
Aletcalf, devising tho property to tho
minor's lato father, Frank Metcalf, and
his bodily heirs after death. '
M. Garcia Cordelro petitions for tin
appointment of M. G. Sllva as admin
istrator of the estate of AI. Gomes
Garrldo, deceased, who was his son-in-law.
In nn affidavit ho says the
dla'outlniinnce filed by A. G Corr-!.
acting as his attorney, was w Ithout his
knowledgo or counsel. His attorney Is
J, AI. Vivas. In whose stead while 111
Apana Is 'suing D. Kill for 1649.65
Kwong I.oo Yuen of Hongkong, Chi
na, is sulng-Sai Wo Hop Kee of Ho
nolulu and, as garnishees. Nam Clior.g
Wul of Hannpepe, Kauat, and Yau l,eo
of I.abalna, Maul, for a debt of $1317.-
03 and Interest. All the foregoing am
firm names and not personal.
Tong Chong Chan has brought suit
against the New calami Insurance Co.
for $500 Insured on merchandise de
stroyed In the Chinatown fire of Jan
uary 20 last year. Ho declares his losj
to have been $3000.
Neumann, Henshalt nnd Davis, soli
citors for plaintiffs, have filed n motion
to set for hearing on .Monday, 21st
Inst., tho bill for Injunction of Harry
It. Hitchcock and others against Frank
Hustarc and others. Ceo. A. Davis
appends nn affidavit In which, after
stating tho history of tho case and say
ing tho nffnlrH of the Kamnlo Sus.ir
Co. are In such a condition as to cull
for a speedy termination of the suit,
also that $155,000 Is Involved nnd thniMnR ,,iragant ,itlng at his place In
delay would Jeopardize too rights oi
the plaintiffs, he addresses these words
to Judge Humphreys:
That your affiant Is well aware of
tho present state of ciibcs awultlng Ju
dicial action and that your Honor ban
given faithful uttenloii to the busliie.18
of tho Court In fact more has liee.i
done by you than could bo reasonably
expected, but ono or two days for tha
hearing and determination of this suit.
It Is submlted, Is both reasonable nud
fair under tho facts as piesented and
In the matter of the estate of Joj
eph I.azaniK, dcteused. n unanimous
opinion of the Supreme Court by Jiui
tlco Terry affirms a charge against J.
S. Walker, executor, of $310 cash In
his first Inventory', and unother of $3!l
Interest on $1550 for on year. Tho
execuioi disputed the cash Item bo-1
cause, after putting it In tho Inventory
on Information, he toiild not find It In
the safe of tho dead man. He Is furthui
required to pay u master's fee of $1001
out of his commissions. Davis for
executor, appellant; Holmes & Stanley
J, A, M, Osorlo, administrator of the
estato of J. A, da Sllvu, deceased, filrs
an Inventory with n valuation of $1075,
with n mortgage of $500 on four lots
Tho cstnto of Maria Dorges Is valued
at $C00.10 In nn Inventory filed by .1.
A. At. Osorlo, administrator.
Itobertson & Wilder for plaintiff?
move to set for hearing tho caseu of
Alacfarlanu vs. Catton and Fowler &
Co. vs. Catton and Macfarlane.
GOOD DAY'S WORK AHUAD.
Judgo Humphreys returns from
Wnlnlua tomorrow, and has tho fol
lowing work cut out for him on Ainu
day; . I
Guardianship David Manuel, appoint
ment of guardian, '
Estate Dald W, Low, petition fori
Guardianship Margaiet II Hitcluorl.,
petition of guardian for discharge, and
Estate James llutchlngs. petition for
Estate jJCabrul Mrdclms, petition
Estate I.au Tseung alias l.ait Chong,
In re 11. 1. Hlshop Museum Trust,
master's repoi t.
Estate. James Hoare, accounts (con
tested). Estate W. C. Clench, petition for ad
ministration. Estate On Kee, accounts and dis
charge. Estate Wo Hlng, accounts and dis
Estate Katy Ellen Sims, petition for
Estato A. C. Pestana, petition for ad
ministration. Estate August Kinft. petition for pro
bate of will.
II, R. Macfarlane vs. Emlllo Macfiu
Geo. Macfarlane vs. Robert Cnttou,
Fowler & Co. vs. Robert Catton,
II. It. Hitchcock et nl. vs. Frank
The sale of seats Indicates n good
house at tho Orpheum tonight to hear
the first concert of Egry's orchestra.
This Is as It should be. The organiza
tion In the two concerts given by tho
Orpheum management. In which mwl
of the membera plajed, has fully dem
onstrated their ability to render goo 1
music In first class fashion. Egry'j
ability as a virtuoso and a leader Is
well known and the program Is thor
oughly that of a "popular" concert.
There are few cities with n larger per
centage of music lovers than Hono
lulu nnd tho Inauguration of these
popular concerts should establish them
as a regular thing. The Hungarian
Fantnsle for tonight will bo right In
accord with Egry's best efforts, the
music of his own fatherland, music
for which he obtained conslderabia
fame when playing on the Alaluland.
Egry, however, prides himself parti
cularly on the Strauss Waltz for this
evening and promises to play it Strnuss
fashion, a consummation not often or
easily arrived at. The Turkish Alarcli
and the time overture will suit tho
crowd while the connolseurs are look
ing forward to the cello solo and the
numbers of the strlwicquareir' Tho
seats are on sale at Wall, Nichols and
Hcrgstrotn's being transferred io-tjlio
box office as usual for tho evening sale.
Sweet Bmello Insane.
Sweet Emelle Is again In the Insane
Asylum where she was taken for safe
keeping by her relatives last nigh.
The woman had been drinking a great
deal of late and had become so insano
from liquor that she was considered a
menace to peoplo living In tho vicinity
of her home. She has noUbecn'examln
cd yet by Dr. Emerson but that work
will cry probably be attended to thU
afternoon nnd tho papers may be signed
Prince David and Pnrty.
Prince David Knwaminnkoa Is enjoy-
Wnlnlua. He will probably return on
tho afternoon train. Among thorn In
the pnrty are the following: Mrs.
Campbell, the .Misses Campbell. Mr.
Cunha. John A. Cummins. John II.
Wise, A, U. Cunha and a number of
others. The Knwathau Quintet Club
went down the load with the party to
furnish the music.
A dainty .pleco of lacqucrwnre or
somo odd-loklng Japanese curio would
mnke nn oxccllent Christmas present.
For sale by Iwakaml, Hotel Btreet,
Special attention is called to tbo dis
play of toyB and Xmas goods at I.. B.
Kerr & Co.'s. A full lino Is in stock
and of tho very finest.
For Comfort I
How many men are troubled
with perspiring feet, caused
by the shoes being tight or
by too much walking,
Wn Have The Shoe which
is made to prevent prespera
tion, it Is called the
The shoes are neat, stylish
and attractive, made in tan.