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WWWW'-111 ' japfE .WBW2? "yc'w"''''wgv TK" "IM f --(. - J ' -is.rM'1 "Iff stfi-. A ri Ti A jrriiv An i ijrvr ainj rydrm.qr ml ...v v lV Evening Bulletin a. t 4 I t f f 6 i B. lws- IT IS A PAYIINQ INVESTMENT. itJi. nMHMimieininiiiMM M p ft 1U ta p.. PltlOB 5 OKHl$ijJL Voi X. No. 1747. HONOLULU, TERRITORY OF HAWAII, FRIDAY JANUARY 25 1901 " i S ' j -----ITT- f - ws I By Separate Roads Three Justices Reach One ' Destination. J. A. MAGOON GIVES OTHER SIDE OF STORY He Denounces Statements as Malici ously False-Queen Liliuokalani in CourtVenue Changed to Maui Court. Chief Justice Frear writes a Supreme Court opinion In the cuse decided or ally before Uell s. Palca, exceptions to order of Circuit JudRC Humphreys In dismissing defendant's nppcnl. The 'air l thus stated "It Is error to dismiss defendant s nppeal w hen he appears though he iinn were not reedy. He has a right to re quire the plnlntlff to prove hU cire." It wns one of n hatch of cuts fiom Koolauloa dismissed together. I'l.c Chief Justice discusses the question ns to whether the Judge should have heen governed by law or discretion, ami dds n difference of authorities on tha epiea tlon. Ho comes to tho eonili't Itvi that the Judge acted on the dlsi ration the ory In dismissing tho appeal ami on the law theory In denying roln-tnleiucnt nnil erred In both respects. Tho Su preme Court hail already reversed the order dismissing the appeal and Is now only perpetuating Its reasons therefor. Justlco Galbralth concurs in the con clusion hut not In all tho reasons. Ho (onsldcrs tho question was ileaily one of Ian- and not of discretion. Justice Perry concurs also In tho cf n- i Union, hut differs ns to tho renins finm both of his colleagues. Ho be Ilexes that It the Judge had not the I oi.-er In strict law to dismiss tho .in peal, tho order ecepted to was clear ly erroneous; and If he had the power In law It was only to be exercised In und there was nn abuse of discretion In dismissing the appeal. Mngoou & hong for plaintiff; Robert son & Wilder for defendant. Judge HumphrcjR has appointed P. J. Testa trustee without bonds to draw $21 SI from tho I'ostal Savings Hank for John l'alakalanl. whose foster fa ther, tho late Joseph Ilcleluhe, made the deposit. Mary C. Aldrlch and others vs. 1'rln- cilia i:. Hasslnger and others has heen remitted to tho Circuit Couit with In ntructlons to ascertain who aro the heirs of Henrietta N. Drown, ono of tho plaintiffs who died nfter tho trial and prior to tho bill of revivor. John II. Pierce, n nntlvo of Indlnna and licensed to practice In that State has petitioned for admission to tho bar of this Territory. J. Alfred Mugnon makes n length) answer to the bill for cancellation of a deed brought against him by Aleka Al Ina and others. As to many of the al legations he leaves plaintiffs to n strict proof. When Allna died ho owed n largo sum of money, tho defendant sa)s, and his estato consisted only of a leasehold on Smith street worth about $1000. Two of the girls of tender age difendant placed In Kawalahno Semi nary, and was able to keep them there, besides pa) lug their father's debts, un til their mother, Slelennn, ngalnst his strenuous protest withdraw them from the institution, When he mado up the accounts of the estato It owed him money, so that there was not means of pa) lug costs for his "College Hills" YOU WILL UB Pleasantly Surprised To know that lots 100x175 in this Best of Suburbs will be sold at from $800.00 .to. $2,000.00 D) not buy ANYWHURli until you have looked this ground over very ' carefully and got prices on the lots you want. 111 SI I rliii-kiaiftfc-tv,V''cA; i - own discharge. This was why ho had not filed a final account prior to tho action, but tho accounts were ahvas open to the inspection of Melcana or her agent. Tho statement In tho complaint, that defendant acted fraudulently In getting Melcana to sign a deed to him, Is de nounced by defendant as maliciously false and untrue. Further, Instead of being worth $700 at the dato of sign ing tho deed, tho land was not of great er valuo than $10. Ho never attached any value to It, and In fact had not been able to locnto the property. Akwal vs. Liliuokalani has been be fore Juilgo Humphrc)s since noon )cs terday. Tho former Queen lias been personally In attendance, accompanied by her agent nnd his wife, Mr. and Mrs. J. O. Carter. Judge Iluniplirejs has changed the ventio of Kalnuo vs See Hop, eject ment, to the Second Cliciilt Court. P. I). Kellet Jr Is appointed guar- dhn, under $7000 bonds, of the cstnto In this Territory of Knn Vec, n minor living In China, which consists of $1912 deposited In the court clerk's odlcc. A liUHlncKH Clinncc. Attention Is called to the ndvcrtlse ment In Morgan's column on Inst page of this Issue, of nn miction sale tomor- low at 12 noon at his silcsroom G Queen street. This is a sale of ten fln leol lots nicely ilcnncil, and In n heal lh art of tho city Some of these lots face on Ilcrctanln street, others nn Young nnd King streets, and on a w Ide new street leading from lleretnnln to King street. Ilit)ers of other lots In this vicinity have doubled their money In n few months Terms aro easy, too. One-third cash, balance six, twelve eighteen months. Vln Southern Cnlltornln. It Is possible thnt the steamer Zeal andln next month may call at n South ern California port en route to Hono lulu. 'IIS IIIJI. II SAYS MARST0N CAMPBELL OF STREET CONDITIONS But There Are Reasons for It That Will Soon Disappear Waiting for Rock Crusher and New Road Rollers. "The Iliillctln Is n paper of truth and voracity," remarked Ho.ul Supervisor Campbell this morning, referring to the fids published In this paper regard Ing the principal streets "The streets nic in bad condition I know It perhaps better thnn Mi) one else. There Is n reason for It. and the present condition will not be for long." On hoInK reminded that this promise has been made for some tlmo pant Mr. Cnmpbcll said. "We have as ou know been waiting for the rock crush er. The new one now being put up nt Kallhl Is promised In two necks and then things will mute, I hnvo been waiting since last May when tho order was placed In tho i:ast for 10.11I machin ery. As an example of how the depart ment has been handicapped, I hnve had to haul rock from Maklkl to put on the streets of Pnlamn, nnd then there has not been enough to supply the demand "I.IIIlm street Is Just as bad ns J on mnko It nut, but It Is only a coral street It won't stand under heavy drays and heavy rains will wash It out. The Itapld Transit Is going through ll.iio now and If I were to make temporary I ('pairs j on fellows would bn howling hecauso money was spent there merelv to bo wnshed nway" In reply to .1 quety Mr. Campbell said It was not prnctlcablo to attempt a temporary lov cllng of tho hills and nlles In the street. Any man foolish enmirli to drlvo through such n street In tho even Ing ought to get tipped oer. "You didn't cuv an) thing of tho woik being dono now on Wilder avenue Thero Is a gang down there Wo are fixing up King street tovv.mli Alap.il and nil this new work Is down to stay. Tho trnublo has been that thp inicnilnm previously put down Im not been hcay enough for tho Increisrl heavy traffic put on it In the last few cars You don't sec any il?n3 of tho new Hrlp on IierotnnU stii'it by Dr. Mc flrcw'a wearing out. All tho macadam put down throughout tho city must be much liealer than heretofore I could easily go through tho town putting down streets lllco thoso of former days but In sldo of n year they would nil bo worn out and tho expenso In tho cipl much greater. "Onco this rock crushing machinery Is In shape as It will be In comp untlve ly few dnjB, I will bo In shapn to copo with tho situation. Wc will put down better streets and nt relatively less ox penso." The latest stjlu of straw hats will be exhibited In our store. IwakamI, Hotel street. zMLi.Adii&2kx.....t!. WANT A h And They Want It Right Away Such Is Opinion of Majority of Business Men Interviewed On Subject of Municipal Government They Reel that Honolulu's Wel fare Calls for Action Now. llelow will bo found Interviews with same of tho business men on tho sub ject of municipal government for the city of Honolulu which Is now receiv ing the nttentlon of two committees of thirty ohmen b) the Republican and Inilep m'rnt parties respective!). II. I Dillingham It seems to me that municipal government for Hono lulu ma) if likened to n corporation within a corporation or 11 wheel with in n wheel I might cite the O It. & L. Co. ns an instance Wc are gettln,; ilnng very well ns It Is wheieas. If .vc had a larger corporation It might not work to our Interests, Wp need n municipal government for this city so thnt we may have a moro concentrated form of government. However, this matter must he considered very care fully. We must be assured of a good charter nnd wc must have olllrcrs tint arc above reproach If we do not have these things, we might ns well remain ns we are, for wc would certainly get Into nil kinds of trouhje It seems to me It stands to reason that the gencrnl government that Is now wntrhing ovc, the affairs of the city of Honolulu will be able to do better work for the Isl ands ns n whole If tho responsibility of the government of this city Is taken off Ub shoulders. As It Is now, the government Is perhaps doing the beet for us It knows how but there aro many places where Improvements could be introduced and these aro Just tho things that would bo attended to If we had a municipal form of government. W. A Henshnll. attorney I do not bellcvo that tho tlmo Is jet rlpo for municipal government. I am In fnvoi of having tho matter can fully eou fildercd by tho Legislature but I think tho members would make a big mis take If they were to adopt n charter at this session. This municipal govern ment business Is not as simple ns It Ionics to a lot of people It is nothing to piny with nnd tho sooner tho peo pln of the city come to n realization of this, the better. Thero Is plenty of tlmo and I am In favor of taking nil tho time needed In order that tho matter may be studied from all points W. C King, nrt store proprietor I hnvn not thought enough about the matter of a municipal government for this city to be ublo to express nn opin ion but I have como to n few conclu sions The city of San Francisco Is pa) Ing three per cent In tho mntter of tnxes while the city of Honolulu Is only palng one per cent. If that Is any criterion by which to Judge, then I think tho argument is against muni cipal government for this city. Wo aro getting nlong well enough ns It Is, Why would It not bo better to reduo tho expenses of tho city by cutting iff tho heads of homo of tho unnecessary government olllclals that aro now such a burden'' It seems to me thnt moro good could bo accomplished by work Ing townid tills end thnn b) working for n charter for tho city of Honolulu I do not hesitate to say that tho np- pearanco of things Is certainly ngalnst a municipal government Of course. It might bo a good thing for the politi cians but they nni very seldom the peoplo who own the property of u city They nro simply mm out nfter the big fat Jobs. I fall to see what good It will do us. A, (1, Correa I haven't much to say on tho subject for I have expressed my opinion to 11 niimbci of the success- fill candidates of tho Independent Homo Kuln part) who hnve asked mo what I think about municipal govern ment However, I will s.i) that thU is something thnt has got to come. Whether 01 no this Is tho proper tlm for It Is something that will have to be determined inter on. Hut ns I hnvo al ready said, tho thing has got to come. Why do I want It? Hecauso It Is golns to glvo the poor man a chance (1 J. Waller I havo not studied the mnttei of municipal government very thoioughly and therefore 11m probably not competent to speak. It Is nevei thcless my opinion that municipal gov ernment Is what we want If our aim Is tho best good of tho city. You can readily seo that tho citizens will havo tho affairs of tho city In their own hands and they will work to do for It all tho good the) can. T. 12, King I want municipal gov ernment and I want it right nwn) I want to see oveiy man feeling confident that ho Is getting something for his money I wnnt to seo n good llvo town hero In plneo of tho ono wo hnvo nt tho present time. That end can bo ac compllshed In only ono way nnd tho solution Is municipal government F. W, Hnnkey, nttnrne) I am natu rally In favor of a municipal form of government for tho city of Honolulu but when )ou nsk me for ni) opinions about the matter I must tell ou that 1 belloTo nil) statement at tho present tlmo would be premature'. I can siv thnt I am In favor of the measure but when I start In to sa) something about the details before even a charter h3 been presented for consideration I am taking n step too soon. One may agree on the general proposition but win 11 something tangible Is presented, he may II ml the details at variance with what Ideas he has had In mind When a charter Is presented for discussion then' will lie thn tlum to do the talk liiB. IV W. Pcardslc) real estate agent- I am gr'cmtl) In favor of municipal gov ernment and I think that the sooner wi get It. the lir'tc Wu Imp very little to say Just nov. ns to the conduct of the affairs of ihe el'v What will happen If we get municipal government' Tln nnswei Isveiv easy .I2very citizen will have a voice nnd every citizen will tn 11 pride In the matter of Improving the city nnil keeji'm; It nt nil times nt the top notch Thero is no' such fccllns now. The, citizens nre not partlculurly tntercstcd'iln the mntter of Improvc-J ments for Hiey IHInk that the general government should attend to these. I think wc should have municipal gov ernment right nwny hecauso I do not see the use of uniting. We aro as ready for It now as wc ever will be I think all this talk about increased taxation is foolish If tho citizens of the city hnv the control of affairs of the municipal ity In their hands the) will regulate the taxes nnd the rich man will be made to pay bin Just proportion which Is not the ease nt the present time. I might cite n case In point A land ownei with n big tmct of land will be tnxcil n certain sum for his properly and Inter on a poor man will como nlong to buy a corner lot. What Is the result' Ho Immediately finds that ho has to pa) n very largo sum for the lot n sum thnt Is out of all propor tlon to thn valuation that has been placed on the whole thing by the tnx assessor. When It comes time for him to pay his taxes on the lot ho has bought, he Minis that ho has to pay al most as much ns the man who owns tho whole tract Is thnt Just? Now what will municipal government do' It will place the powers of assessing tho taxes In tho hands of the people Jinl the rich land owner will bo tnxeel ac cording to tho property ho owns, ThU will mnko him sell his lands Instead of holding on to them ns ho Is doing nt the present tlmo. You know )ouiself thnt It Is the hardest thing lit the world for 11 poor man to get n homo now nnd if ho does get a place, he Is forced to pay such n sum for taxes thnt it keeps him hustling throughout tho )ear to hold 011, This Is only ono of the many arguments I could glvo )ou In favor of municipal government at as p.uly a dato as imssible. Theodore Hleliards I have not given Mils matter of municipal government vei) much thought but It seems to me1 that It resolves Itself down to n men matter of money. If wo will hnvo to (Continued on pago .) A Shoe For Comfort ! How many men are trouble with perspiring fret, caused by the shoes being tight or by too much walking. Wi: Have the Shoe which is made to prevent prespera tion, it Is called the Warner Ventilating Cushion Shoe-3 The shoes are neat, stylish and attractive, made in tan. n -,uMmia :-'.!uiidl)ii,ii2JiA. LIST OF AH Fiji rat Has Just Been Made Up By Clerk B. P. Sablan. TO ACCOMPANY ATTORNEY GENERAL DOLE'S REPORT To Legislature in February Over Twelve Hundred More Convic tions In 1900 Than in 1S99. Ihroughtho kindness of Iletijimln I' Zabbn elerk of the District Colli t. the lliillitlti Is able to present the repent of the number of eases that weie brought up in that mint during the ) car of l'lOO. the convle lions ,thr 11 iture of the offenses and the natioiinllt) of tho offenders, 'I his report was prepared nt the re- epicst of thhe Attoiuc) llcncral who will present It ns a supplementnr) re port to the one which he has already prepared nnd which has been printed for distribution All this Is of course looking tow anl the call for Informa tion that will suicly como from the Legislature nt Its session on relirunry There Is one thing particularly In teresting In this report nnd that la the Inerenseil business of the District Cmvt In 1900 over that ht 1S99. The follow ing figures will sho) Just what Increaso there wns: Arrests In 1900, S2tl nnd convictions 3S11; arrests In 1S99. HOR nnd convic tions 2liG. As will lie seen, the ex cess In arrests for 19e)0 was 110" ami In convictions 1244 Ily nationalities tho figures are as follows 190U TOG Chinese (less thnn 1899) 337 Japanese, 212 Portuguese, 10IS Hawaiian nnil 1177 of other national ities. 1S99 71" Chinese, 173 Japanese, 127 Portuguese, 9G9 Hawaiian nnil G"3 of other nationalities. The Increase Is as follows: 1GI Jap anese. 1 in Portuguese. 77 Hawallnns und 821 of other nationalities This last figure should receive special attention It shows the nntiiip of tho peoplo who are coming to Honolulu on every stenmer ns steerage passengers This Incrciso of lpon over IS1)1) Is rcmnrkahlo as it stands but when the fact that the civil suits weie all turned over to Judge Dlrkc) In tho month of Api II is know n. this Increase seems still more remarkable. " TJircp prisoners were discharged from Jill under tho Poor Mnn's Act In 1900. There were also time cases III which corporations weie coiieerneel Tho vnrlous offeiiH'H with the num ber of nrrests und convictions wero ns follows: Accessory, G nrrests; adultery, 8 ar ic8ts and 2 convictions; nffray. 113 nnd SO, aiding nnd abetting offenses, 3 nnd 2, assault and battery, 438 and 197; as sault with dangerous weapon, II ami 17, assault with Intent to murder, 2 nnd I, assault on public olllcei, 12 and 10. Ilrlbery. 3 nrrc-sts, liildgo laws, vio lating, is arrests and !." convictions, burglniy, 9 nnd 4, ami building laws, violating within flro limits, S nnd 3 Carriage regulations, violating 4G arrests anel 21 convictions, concealed wenpons carr)lng. 10 nnil 9. contempt of court, 5 and B; cruelty to animals, 77 and r.8; child stealing, 1 arrest, com mon prostitute. 54 and 10, curfew law. violating, 2 nrrests Deserting husbands or wives, 17 nr rests mid 1 conviction, elliobeellcueo to puicnts, 11 nnd G; disorderly persons, 2 nnestB; disorderly house keeping 3 artests, disturbing cjulet of night 121 and 79, diunkenness, 19J0 and IS IT,; driving elni) faster than n wnlk, 4 and 2; driving without n light, 9 and C disturbing religious worship, 1 and 1 embezzlement, 17 nrrests anil 5 con victions. Past or heedless driving or riding, 107 nrrests anil C2 convictions; fishing laws, violating, G nnd 4; forgery. 5 nnd 4, fornication, 1 nirest. (inmlillng, GG2 nrrests and fil" convic tions; gross cheat 12 and 7. Health laws, violating, 91 nricsts nnd 41 convictions. Impersonating n police officer, 4 ar rests nnd 4 convictions; Insanlt), 3G and 3G I.nrcony, Ut degree, I nrrests nnd 2 convictions; larceny, second degree 1GS nnd 88; lascivious conduct. 1 nnd 1 libel, 1st eiegree, 1 auest, llci'iiso laws, violating 22 and 13, liquor distilling t nnd 9, l!cUor, selling, 18 and 33; liquor laws, other violations of, 7 and , libidinous solicitation 8 nnd I .Malicious burning 1 nrrest and I conviction, malicious injuiy, SO nnd 30, manslaughter 2d degree, 1 nnd 1; mayhem, 1 nnd 1; murder, 1st degree, 5 and 3. i. ),,i..iiy..JtC.i.v,.. .Aia. hta,'....!... . ai..., mmjtt ' , Ifthfl-'- Opium, possession of 271 arrests and 144 convictions, opium, selling, 2 and 2. Perjury, subornation of 3 arrests and 1 conviction, perverting Justice, 1G and 4, practicing medicine without a license, 4 nnd 2, profanlt) and obscen ity, 70 and 3G. Hape, 1 nrrest and 1 conviction; re ceiving stolen goods, 12 and 7; rob bery, G and 4; riding a hlc)clo without n light, Gl nnd 4G. Sabbath laws, violating, 33 arrests nnd 17 convictions, school laws, vio lating, 1 nrrest, selling mcth)lited spirits 4 line! 3; suppression of ofTensi-s, 20 and 7, selling adulterated foods (this Includes milk) 1') ami 15 Tnx laws violating. t nrrests and S convictions, trease 11 9 ami 2 Vagrant). 7G nrrcnts anil 43 convic tions. in convictions on the chnrgo of af fra), the foielgners lthoe outside of llatvallaiis, Chinese. Japanese mid Por tuguese) lead with 21 The nitlves come next with 20 It Is the- samp in tho case of nssault and batter), tho foreigners convicted being 70 ami l!n vvallnns 5$. I'lider cruelt) to unlmnls, tin- Chi nese lead with 19 and IS convictions respectlvel) The Japanese nlo lead iinilcr convictions for being common prostitutes, the numhet being 27 TI10 foreigners li.nl 110! convictions for ilrutikeiiuess 'I he Ilnwallaus enmu next with 591. the- Portuguese next with SO and the Japanese next with 61. There were- mil) I Chinese convicted cm this charge I'ndcr the head of common nuisance, the Chinese bail 45 convictions and the Japanese Gl nnd under possessions of opium the Chinese had 140 out of tho 111 convictions, ' Tor profanity and obscenlty.thp for eigners lead with 17. The Hawaiian eomo next with 10. Foreigners led again under Migrnnc), the number of convictions being 20. Under furious nnd heedless driving, the torelgnerrs had 15, tho Chinese 12 and tho Japanese 11 The- Hawaii ms were the most careful. Only 5 eonvlc iIoub nro credited to them. (.ambling was the stronugliold of tho Chinese, Out of the 545 convictions, 337 were on their side Tho Hnwa linns came next with 135 The Iln wnihuiH led under lnrreii) the number of convictions being IJ iiKjf m in Tho people who planked up their big American or Hawaiian doll.us ) ester da) afternoon ut the corral among tho ruins of the plague lire to see Papa lta Jugglo the hot sacred lava boulderH with his pedal extremities, certainly had no kick to register, for. In addition to the regular performance, the iiionot- oii) of the performance wns ivllcved by n small sized riot This portion of the entertainment which hail not hes'n announced on tho progi 1111 was picclpltntcd b) one of Uncle Sam's nephews, who was earn est in his belief that he could perform tho same feat as that practiced by Pa pa lta. The man who defies the elements of heat, appeared at tho edge of tho roelc lilt, follow eel by the Boldle r who had his feet encased In a pair of regulation government t-oel.s, In the cudenvorB of the Boldler to carr) out his Ideas of the agreement, ho was piett) roughly handled and lecclvcd a kick from one of tho at taches ns he was leaving the enclosure. After the show had been brought to 11 close? there were several who walked over the pile of stones, placing their hands upon several of them to test tho heat During the progress of all this tho ovlcted sohller appealed onco more anil bid already mounted tho pile of stone, when ho was ordered off b) a man by the iinuni of Lewis who had previously assaulted thn soldier. At this stage of the game several policemen grabbeel the soldier nnd In a ver) rough manner forced him out of tho i ne leisure nnil down to pollen headquarters. Mnii) of tho men present Jumped In, nnd demanded In no uncer tain terms that the man Lewis who by assaulting tho soldier had precipitated tho trouhln should also be placed under nrrest. Ily this tlmo tho policemen present nt the disgraceful nlfnlr had collected their wits and finally took Lewis in compnii) with the soldier to tho pollco headquarters where High Slierlfl llrown after listening to both sides of tho affray, allowed the men to depart. The jhc )f tho Singer In millions of homes snows tho unprecedented suc cess of theso Ideal sewing machine. It is convincing proof that tho Singer excels In all klnita of family sewing and nrt needle work. All our sewing machines aro of tho best construction, beautifully decorated, and aro mounted on selected woods In finely finished cabinets of artistic design, I). Iler gcrscn, agent, 1GV4 llethel strew. TIH2 WATERMAN IDEAL FOUN TAIN PI2N. All sizes, all shapes. H. F. WICHMAN. 1 A