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THE .PROGRESSIVE AMERICAN PAPER
I HvEtfiNG Bulletin
THE PEOPLE'S PAPER.
Vol. X. No. 1782.
HONOLULU. TERRITORY OF HAWAtt, "THURSDAY- MARCH 7. 1001.
PlUCB 5 Oisxip.
Ill II, II l
Case of Her Majesty
, Liliuokalani Takes
HAULER WA1KIKI SAND
Silya & Vivas Pile Answer to Com
plaint of Phillips-Other .Papers
Filed in the Circuit
John H. Wilson was fined this morn
Ing $100 and costs by Judges Humph
reys for ccntempt of court The action
In contempt was the hauling of sarM
front trie Walklkl beach In disobedience
to nn Injunction1 ot the court Issued In
tho, esse of the Territory against Her
Majesty Liliuokalani and John H. Wll
oon, early In February.
m Wilson was given every facility to
purge himself ot contempt nndj was
represented by Attorney A. A. Wilder.
nWll8on went on the witness stand and
testified that he located the hlg hwatcr
mark, nnd set stakes, ordering his nkn
to not go nearer than six feet to the
line. Surveyor Maynard and one other
witness testified that the mean tide
level Is established by a long scries
of observations In quiet weather and
that the high water mark Is about ono
foot above this lino In these Islands,
Tho defense contended that the beach
zone covered by the Injunction la that
part covered by the water In the rise I
and fall ot two feet
Attorney General Dole for the Ter
rltory argued that the sand, covered L
by tho wash of Incoming, waves. Is all
below high water mark.
The hearing and arguments took up
the entire morning.
Answer Is filed In the suit brought
by A. R. Phillips against Sllva & Vi
vas, to cancel a deed. The petitioner's
bill set forth that defendants had
fraudulently secured a deed from him
to certain property In Piiunul, worth
$1,000 and that they promised to ralso
a loan for plaintiff of $2,000 whlsh
promise they have failed to keep.
The answer admits that plaintiff had
a life estate In tho lnnds deeded, tint
defendants took an option to purch.ua
plaintiff's lands, February II, for $1,
000. The answer denies that any prom
ise of a $2,000 loan was made.
In further answer the defendants al
lege that tho plaintiff camo to them
for assistance nnd that they advanced
htm small sums of money without nny
security.. ' The details of a llfo Insur
ance deal Is set out under which a loan
was to be procured within n year. At
tho cud ot which time, the deed In
controversy was to be cancelled should
tho plntntlft repay tho money advanced
him by defendants.
Motion for permission to file a Join
der to defendants demurrer, was en
tered today by L. M, Strauss for plain
tiff In Frnnk Schncter vs. Dr. John
Rruco Cartwrlght filed account today
as trustee In tho estate ot Emma Kale
leonnlanl, showing a total .received
and paid out ot $5019.
REDUCTION SALE OP
HATS AT IWAKAMI'S,
In a'dltlon to "COLLEGE HILLS'
suburb, we offer the following city
2,500 House and lot, 90x100 at Sea
$2,'-20O 6 Room House, Stable, etc , In
ruuonu'. Lot ioonioo.
60,000 7 Room House, servants quarters
fernerv, etc., located on Prospe;t
St., commanding a magnificent
65,800 6 Room House, fine lanal. splen
didly lrcat-d nearOahu Col'ege.
$5, OO U acre In Kallhl, 5 room cottage,
stable, servant' house, etc, near
Kamehameha IV Road,
80,000 7 Rnnm House on Beretanla Ave,
Lot So ft. wUe rum through to
84,000 Lot ioomco, Kewalo, containing
fifS.OOO it Acre for subdivision, just off
$5,000 Lot 110x150 on Keeaumoku St.,
near Wilder Ave.
3,750 Choice Lot, 80x175, at head of
Detailed Information will be given upon
application at our office.
McClellan, Pond & Co.
TUL. .MAIN 6o. JUDD BUILDING
'itThe committee of the Msrdl Oras
ball met this morning nnd closed up
11 matters connected with the recent
charity ball, given (or the benefit of
the Eye and Ear Infirmary.
Thft trpAsurrr's rcnort shows the fol-
lowing results, which, while not as
great ns was expected Is still's hand
Gross receipts, I2.501.S0.
Ilnlsn'ce turned over to the trustees
of the Rye and Ear Infirmary, $1621.01.
A wilt be sen;tlic expenses were
quit large, but nevertheless the show
UCffls a good orie. The committee a'o
iirtkularly desirous of thanking the
imtrW-foflhtlr generous contributions
and ready patronage.
SUriEKE COURT DECISION
Decision was made by the Supremo
Court today In the ense of Charles E.
Harden vs. The Hnwalan Carriage
Manufacturing Company, on exceptions
from the First Circuit Court.
Tho caso was one for damages for
wrongful discharge from employment,
In the lower court, tho Jury awarded
plaintiff $000. Defendant had employ
ed plaintiff nt an agreed rato of com
pensation for the period of one year.
The opinion says the verdict of $600
was exccsslvo because. It was shown
by tho evidence that his actual loss
was only $413. Plaintiff's, counsel re
cognized this nnd nsk Icavo to file a rc
mlttur for tho excess of $187. Tho re
mlttur Is allowed.
Tho court holds, however, that a ro
mlttur will not bo permitted to avoid
tho granting of a new trial, where by
so doing, the court may be substituting
Its Judgment 'for that of tho Jury on
questions of fact arising upon the evi
dence. Opinion of the court by Perry: W. U,
Smith and It. D. Mead for plaintiff and
Kinney, Bnllou & McClanahan for de-
NAMES OF MEN SUMMONED
FOR APRIL TERM OF COURT
Federal Grand Jury Will be Put to
Work Monday April 8
Tho following named persons wero
drawn by the Clerk of tho Unttpd
States District Court this morning to
serve n trial Jurors for the term be
ginning April S: -
J. H. STEI.LINO, Honolulu.
W. V. SHAnilATT, Honolulu,
V. C. D. SAYERS, Honolulu.
CHARLES CARTER, Honolulu.
n. C. ROWRjj Honolulu.
K. C. WINSTON. Honolulu.
H. M. MIST. Honolulu.
THOMAS WALL. Honolulu.
R. W. HOLT, Honolulu.
I C. ABLES, Honolulu.
CAPT. A. N, TRIPP. Honolulu
DUKE M'NICHOLS, Honolulu.
W. L. EATON, Honolulu.
JAMES K. MERSDERO, Honolulu.
II. KLEMME. Honolulu.
H.'P. ORISWOLD, Honolulu.
EDWARD HBNRIQUES, Honolulu.
H. R. ADAMS, Honolulu.
A. R. STRINOROVER, Honolulu.
H. C. VIDA. Honolulu.
H. DEACON, Hllo.
LOUIS WARREN, Honoullull.
Tho Grand Jurors drawn for ser
vlco on the Federal Grand Jury, which
will bo summoned to appear Monday,
April 8, nrp:
J. J. EQA.N, Honolulu.
JOHN nilCKLEV. Honolulu.
EDWIN THOMAS, Honokaa.
W. C. E. DROWN, Hllo.
A. 'J. ESTRELLA. Hllo
CHARLES PHILLIPS, Honolulu.
JOHN D. OLIVER, Hllo.
A W. M. M'INTOSH, Honolulu.
J. 0. SPENCER, Honolulu.
J. E. ANDERSON. Hllo
P. II. DURNETTE, Honolulu.
EDWARD HAPAt, Hllo.
P. R. VIDA, Honolulu.
CHARLES DELLINA, Honolulu.
JAMES M. TOltDET, Honolulu.
M. M. KOIIU, Honolulu,
fl. LEDERER, Honolulu.
J, W. PODMORE, Honolulu.
JAMES NOTT, Honolulu.
E. D. RIPLEY, Honolulu.
E. E. RICHARDS. Hllo.
J. 0. M. SHELDON, Honolulu.
A. L. MORRIS, Honolulu.
Tho libel suit for damages Knmaka
Knknuoha vb. tho schooner Robert
Lowers Company In tho United States
Court was continued today to Satur
day morning nt 10 o'clock.
Clinton Hulchlns, tho Insurance man
Is dlsti Uniting somo neat little mem
orandum books with nn Identification
blank In tho fiont.
HAl OF DAY
Kaiue Makes a Mptipn to
QUESTION OF PRIVILEGE '
IS FULLY DISCUSSED
Baldwin Says Kaiue is Afraid to
c Have Proceedings Go On to
Washington Brown Asks
The first thing brought up at the
morning session of the Senate was the
question of the number of days sitting
ot tho legislature. Mr. C. Drown
claimed that. Instead of this being the
twelfth day as recorded by tho clerk,
It'wns the fourteenth day. Neither
Washington's Ulrthday nor tho Satur
day the Legislature went to the Molo
kal settlement could bo counted out.
The Organic Act soys that all days with
the exception ot Sundays and holidays
arc to bo counted. Mr. Drown said
that Washington's Ulrthday was not u
lcgnl holiday In the Territory ot Ha
wall On the Saturday referred to, Jhn
Legislature was 11 1 Molokal on, business
nnd the day should therefore be count
During the course of his remarks,
Mr. Drown referred to the charge made
In some quarters to tho effect that the
minority ,ln the Senate was composed
of obstructionists. If this was tho
truth, tho members of the minority
would probably sit still and say noth
ing Instead ot getting up nnd calling
attention to the matter.
Mr. Whlto said tho clerk was right
according to his Interpretation. Mr.
Dnldwln argued that the session ot
the present Legislature had already cx
tended over fourteen days- ,Mr. AcU
was another to speak. Mr. Kaiue sjld
the secretary was correct. The Organic
Act stntcs particularly that neither
house shall adjourn during any ses
sion for more than three days or sine
die. without the consent ot the other.
Mr. Carter made the suggestion that
tho days of the session as well as tho
actual days of sitting, bo recorded byi
the clerk of the Senate. Tho President
stated that, In case there was no objec
tion, the clerk would follow out the
suggestion of Mr, Carter,
At this point, Mr. White arose nnd
moved that tho clerk go In the old way
and that he record only the actual d.ijt
of sitting. This carried.
This question liming been settled,
Mr, Kaluc arose nnd moved that thu
statement of Mr. Cecil Drown on the
previous day relating 'to his position
In the matter ot the nppcal from the
decision of the President on the enstlug
of his vote when the nyes and noes
were railed tor on a Joint resolution,
be expunged from the Journal of the
Senate. He stated that tho majority
had voted to sustain the decision of the
chair and that, therefore, thn statement
ot Mr, Cecil Drown was in conflict with
this. This motion was seconded uy
Mr. Cecil Drown then arose slowly to
bis feet and spoke as follows:
"In no other country In tho woild
has the right to rlso and state a ques
tion of privilege, been denied. I think
that the Legislature of tho Territory of
Hawaii will be tho very first that has
ever raised this question. It I3 Just I
like nothing mora than n person being
tried before a tribunal no matter what
thoVltncsses may be, without a chanco
to defend himself. Any objection
should have been mndeyesterday. Tho
right of rising to a question of privi
lege Is accorded to every person. I
would stnte further that tho only rea
son and tho only right that tho correc
tion of tho minutes aro made Is when
they aro not correct and do not con
tain the facts as stated. If this Senrftti
Is going to do acts of this kind, ot de
liberately nt the' sweet will ot the ma
jority wiping out uny part of the min
utes they wish to, they might ns Vtll
wipe out the whole of tho record of tho
proceedings and havo nothing at nil,
Tho himorablo Senator from Maul
mentioned something about tho min
utes going tn Washington, He seemed
to say this with a feur that he might
he criticised iib a member of tho com
mittee on rules which I claim wero not
administered according tb the truo In
tit nnd Bplrlt."
Mr. Drown then asked the chair to
rule on the question as io whether an)
niomber of tho Senate or the majority
of tho members when statements nro
mndo could wipe nut nny part of tho
minutes, this ot course If tho proceed
ings wero correctly stated as his state
ment was accepted to bo by all the
members of the house,
Mr. Kalule replied by saying that ho
J "i, i
4ti4t .4&-lk4dMf -Mri t. i
had not BpoEcn for" any of the majority
of tho Senate. He had spoken for him
self, bellevlsg-tliat the tw6 matters re
forrml tn nn ihfi tnnrnnl nt thn Spnntn
ftwrre In conflict He did not mako tho
motion with any Idea ot suppressing
any action or dellbeiatlon of the Sen
Mr. AcbIUcoSo to a point of order.
iL.SEmmeluth's is, Forceful
his motion was directly In conflict wlt)i
Bectl6n 69 of the Organic Act which
particularly states that nil records of
tIm,proceedlngs of tho Legislature shall
be sent on to the President ot the
United States and the Senate and
House of Representatives nt Washing
ton. If there was anything wrong In
the action ot Mr. Drown on Tuesday
why then Mr. Brown should be made
to npotoglsoiUfit thcro should be no at
tempt on therpart ot the Senate to con
ceal Its proceedings.
Mr. Kaluef again arose to speak, say
ing tho record was according to the
will of the majority on any question
whatever. He said (hat he wasjsorry
he should have to get up onu talk
against Mr. Drown but It was what he
believed to bo right.
Through Mr. Hush, the Interpreter,
Mr. Drown "told Mr. Kaiue that, he
could keep at! his sympathy to himself.
He did not enro for any ot It and ho
would bo mtich better pleased It llio
speaker would confine himself strictly
to tho question.
Mr. Dnldwln was the last sneaker on
tho floor before 'tlio Senate took a it-
cess. He said that the only good rca
son brought out by Mr. Kaiue for tho
expunging of tho stntoment of Mr.
Drown from the minutes of the Senate
was to the effect that on the Journal as
read. It would nppf sp that, the "State
ment.of Mr. Drown was In conflict with
the vote of the majority in' sustaining
tho ruling of thn chair. Mr. Drown
was certainly correct In the position
he took, under tho rules ot the Senate.
Evidently Mr, Knluo had seen that the
voto of tho majority, sustaining tho, who visited Molokal desired more time
ruling of tho chair In tho matter of tLal to transcribe their minutes. Granted,
statement of Mr. Drown, had been j Monsarrut gave notice of a bHl "Glv
wrong. nnd he now wished to havo It Ing Right of Appeal In all cases cf
expunged from the minutes of tho Sea- Contempt."
nte In order to cover this up. Certainly
this was a matter that should go on tl.c
minutes. It was a right that was ac
corded every man In every nody of the
kind In the United States.
Mr. Ra'hfwln.thon stated that all tho
proceedings of the Legislature wero go
Ing dh to Washington and said that
he was very son the matter had come
up as now tho whole discussion would
also have to go on to Washington and
he was very much nfrald that the Sen
J ate would be placed In a very foolish
At the meeting of tho stockholders
of the American Sugar Company yes
terday the deal by which Drcwer & Co.
retire from connection with tho plan
tation's business wns consmuated.
Tho block of 4000 shares of stock held
by this company was transferred to a
local syndicate nnd tho agency con
tract of C. Drcwer & Co., was cancelled.
A mortgage of $140,000 given to O.
Drewer & Co., to cover ndvnnces made .
'or tho development of tho plantation
was paid on, the funds being secured
by the assignment of the mortgago to
Tho plantation, which was originally
started as a sugar proposition, has been
operated the past year as a stock ranch
and will bo continued tor tho present
ulong the some lines. "The first ob
ject to ho gained now," said the new
president, E. II. Wodehouse, "Is to pay
off nil existing debts. Developments
will then proceed nlong whntevcr seems
to be the most promising llnes."t
Tho new olllcers elected nt tho meet
ing yesterday aro: E. H. Wodehouse,
president; Geo. N. Wilcox, vlco presi
dent; E. A. Mott-Hmun, secretary; A.
W, Carter, treasurer; W. H. Dalrd. au
ditor; G. J, Waller and James Wake
With the retirement of C. Drcwer ft
Co., as agents, the management will
full upon tho board of directors. .
Tho capitalization will stand
was originally, $1,000,000.
The stockholders of tho Kahului
Railroad Company held their annual
meeting this morning at the officer ot
Alexander & Daldwln nt 10 o'clock.
Reports from President H. P. Daldwln
nnd Manager J, W. Filler wero read
Thn manager's report showed n good
condition of affairs. He devoted con
siderable space to tho discussion ot tho
Injurious effects of the plague from
which, ho says, tho company has
emerged In good shnpe.
Tho new olllcers elected nro; Presi
dent, II. P. Daldwln; vlco president, J.
D. Castlo; treasurer, J, P. C00I.0; sec
rctnry, W, R. Castlo; auditor, W. O
Tnylor; directors at large, Georgo K.
Carter, W. O. Smith, and 13. R. Adar.H.
,1U Slid (0.
in His Remarks
HOUSE PISCUSSION IN
COMMITTEE OF THE WHOLE
Makekau's Measure for Benefit of
Civilized Laborers-Going Ahead
Smoothly With Public
The House was called to order at the
usual time this morning.
. Paele presented a communication
from the Hawaiian Relief Society ask
ing torn special appropriation to assist
the society In their work of providing
tor tho needy Hawaiian. Referred to
the Committee ou Public Health and
Emmluth as chairman of Coni'mlttiii
on Finance recommended that tho sum
nf l.19.9:Whit InR&rtpittlu' thn annronriL-
tlon bill' to reimburse II. M. Dow, this
being the Vtmount over paid by him uu
accomiLf, fines and. costs during tin
uioutb of February, 189ft.
Decklcy for the committee ap
pointed to take up the petition of tnu
leper settlement at Molokal, asked for
3iore time until they get their report
from the select committee. (Jrnntert.
Mr.'Dockley stated that the committees
I Klllkoa offered a resolution, that the
', ttm of 3,000 be Inserted In tho appro-.
prlatlon blll-ttir defray the expenses of
widening tho road leading from Kaohc
to Papa, South Kona, Hawaii.
Hlbto Introduced a bill he had al
ready given notice of nnd moved rend
ing by title the first time. This Is bill
to amend sections 319 and 323 of chap
ter 3" of the Penal Laws. Passed first
Prendergast Introduced his bill to
provide for tho great seal of the Ter
ritory and to icpenl chapter 5, title 2,
Cvl Ijuss of Hawaii.
Makalnnl introduced bill No. 3., rela
tive to the construction nnd operation
of n street railway In tho District of
Honolulu nnd elsewhere hy tho Hawa
iian Tramways Co.. Ltd., and bill .No,
30 "Providing for the control nnd man
agement ot the Gn eminent sewerage
Aylett Introduced his hill "To repeal
sections 31". 318. 319, '322 and 323 of
tho Penal Laws of 1897 relating to Sun
Nnlllmn intioduccd his, pill relatUe
compensation for street w Idcnlng dam
Under tho order of the day House
bill No. 14 to prohibit the Hoard or
Doard of Health olllcers from condemn
ing or destroying nny property with
out compensation wns referred to the
Committee on Public Health nnd Edu
House bill No. 15 to amend section
814, chapter I9 of the Civil Laws was
rend a second time by title nnd referred
to Judlcl-iry Committee. v
House bill No. 20 to amend sections
872 and 873 ot tho Penal Laws of 1897
was read by title second time and re
ferred to Committee ou Public Health,
tifakekau took exception to the pass
age of House bill No. 20 as tho passing
In fi ftepnnd renillnf? nrnliltiltpil jlehnt-
ing 011 1 110 measure 110 eviucnuy iosi
sight of tho fact that tho bill wns de
batable after It had been reported upon
by tho committee. Makekau, Dlcke,
Emmcltith and several others took up
tho discussion ns to tho rules of the
House, on tho passing of bills to sec
ond reaping and as to the question ot
debating thereon. Makekau again
stated that tlmo Is valuable but that
Is no reason why we should shirk our
work and tho only course now Is to
havo it ready for third reading, lis
moved ngaln to consider the passing
of bill to second rending. The Speaker
rilled that bill No. 20 bo sent to the
Committee, on Public Health -and Edu
cation, llouso hill No. 21 wns read by title
a second, time, This bill relates to cm
ploying American citizens on public
work. Referred to commlttco of tho
wholo. Dlckoy wns requested to tem
porarily occupy tho chair whllo the
House was tn cnmmitteo nf tho whole.
J. K. Illhlo, author of tho bill moved
that It be read, Tho chair thus ordered.
Tho bill Is as follows;
"That all public uorkR In tho Ter
ritory of Hawaii, cither mechanical,
Industrial, or otherwise shall bo per
formed only by Aincilcnn citizens and
who aro quallfled voters lesldlng In tho
...!,- .kk',.,.'jW., tu.BSJtMUti'
"Sec. 2. This Act shall take elfc. t
from and after tho date of Its publi
cation." Robertson submitted nn amendment
to section I Hint no person shall be em
plo)ed ns n laborer upon nny public
work, carried on by the 'Territory of
Hawaii, unless such person shall be a
duly qualified voter of said Territory.
Emmeliith favored the amendment. He
then took- up the question of eight
hours ns a day's work, and considered
that all employes of the government
should bo Included In tho bill as much
ns an ordinary laborer, and should
possess the same qualifications In order
to hold employment In the govern
ment. Klllkoa stated that the word "oth
erwise" referred to all emplojes of the
government nnd asked that the author
of tho bill be glveh an opportunity to
explain the word.
Emmeliith thought It woutd.be who
for the bill to go on to some tutuio
dat?. nnd stated that whatever Is dot.o
tho system of contract In voguo here
tofore must he absolutely abolished.
I know of men wearing boiled shirts
nnd standing collar's who robbed the
laborer of his Just earnings by compel
ling long hours and poor pay tn onbr
that they might llvo In luxury 'at tl.o
Hawaiian hotel or some sen side resort.
All tlrese questions should he gone oer
carefully so that the laborer will secure
tho best wages for tho work accom
plished Monsarrat took exception to the
wording of the hill nnd If It was prop
erly translated perhaps some of the
members would understand It better.
Emmeliith stated there was another
matter such as .constituting eight bonis
ns a day's work, He was In favor of
nny hours that would Inure to the men
tal nnd physical development of tho
nvernge laboring' man. As we legislate
this time will largely Influence the fu
ture of this country. Not-only the la
boring element but the employers ot
labor are agreeable to this proposition
ns It Is the cheapest way to secure tint
labor that has deserted them. It Is
purely a mercenary proposition with
tho plantntlon owners. In this agita
tion the cutting down of n day's labor
to eight hours, the question 'to the
voter mechanic' today Is the dumping
on the mnrket nn alien opposition to
the development of American labor,
more so than has existed for some
time. This cheap labor element which
Las forced Its way Into all channels
of trade, will mnko It Impossible for
a whlto mechanic to live In this com
munity nnd neither nn American nor a
Hawaiian laborer can compete with
It today, and Is merging Into n condl- -tlon
that Is highly Inimical to our civi
lization. I say wo had better take time
to deliberate on this bill so that we
can accomplish the greatest good to the
At the close of Emmeluth's remarks
the usual noon recess was taken to 2
In tho Executive Council this morn
ing hut ono mutter wns considered.
Secretary II. E. Cooper read an opin
ion by Attorney General E. P, Do'o
regard Ing tho disposition by tho Ter
ritory ot funds derived from the salo
of public lnnds. The opinion holds that
under present laws, such monies jnn
bo used only for educational purposes.
Progress Is the wnt"hword with Da
vid I-nwrence & Co., the cigar dealer..
They are establishing standi thro'igh
out the city so Hint It will bo hard not
to patronize them. Their now store on
Kort street Just below Merchant prom
ises to be the finest of Its sort In
town, when It Is fitted up with tho
fixings shortly to nrrlvo from (lie Coast.
THE WATERMAN IDEAL FOUN
TAIN PEN. All sizes, all shapes. H.
F. WICHM N.
Do not overlook your footwear
to match your costume. " They are Beau
ties," and a good large assottment to mako
your selection from. Do not let the effects
of your costume be spoiled by a pair of
slippers that dt not match, but purchase a
pair that will do honor to your costume.
'. .' " ' -' T?
, L -
it. I 1