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THE PROGRESSIVE AM I I AN PAPER
iW w- THE PEOPLE'S PAPER.
Vol. X. No. 1805.
'HONOLULU, TERRITORY OF HAWAII, WEDNESDAY. APRIL 3 1001.
Phiob 5 Oentb.
mw r tt r i i m 1515
Was Not in "Such Shape"
as to Meet With
PAIN'S FRANCHISE BILL
AGAIN TURNED DOWN
Measure to Regulate Fish Nets is
Defeated Governor Remarks on
the Transaction of
When t lie llouso coin rued this morn
ing; fault wan found with the minutes.
The point In question was In regard to
Kaulmakaole's motion to reconsider
Puln's Franchise hill. Several mem
bers objected to the minutes and It
took an nyc and no vote to decide tho
matter. The vote was so closo that
Speaker Aklna was called in to decldo
the matter. The minutes were finally
The next half hour was spent In a
discussion ns to what was before the
House. Itobcrtson claimed that Kaul
makaole's motion to reconsider the
vote on Tain's Franchise bill was be
fore the House. It was Anally decided
to go on with the regular order of busi
ness. A message was received from the
Governor relative to Kmmcluth'a reso
tutlon asking all executive papers from
the time of annexation. The Governor
Stated that he would he glad to fur
nlsh the House will all specific Infor
mation needed, but as the request
would not assist In the transaction of
business he did not think ho could
conecede It. Spread upon the Journal
of the House.
Emmeluth opened up on the Execu
tive Council, stating that It was owing
o the entire Ignorance ct the Kxecu
live Council proceedings, that the
House was not able to make their re
quest In specific terms. He stated that
he Intended Introducing a resolution
requesting a special session but this
message had knocked that matter on
Deckley moved that the message bo
lcturneil to the Governor, because ho
had not signed his ofTtclal title to the
After a quarter of on hour more
wrangling over points of order, In
which rule books were prominent, the
House finally got down to Kaulmaka
file's motion to reconsider the voto on
House bill 35. Tho voto was finally
put and an end was put to tho bill.
Ays 13, noes 16.
House bill G7, relating to the cases
of nbsence, etc., In tho offices of Circuit
Judges, was read by title for Its sec
ond time. Referred to the Judiciary
House bill 58, relating to the destruc
tion of food fishes, was road In full for
the second reading. The bill provides
that a one Inch mesh net Is the small
est that can be used. Prendergast mat
ed that the bill bo Indefinitely post
poned, stntlng that there nro somo food
fishes which never grow over two
Inches long, and that men would bo
unable to catch them with the net re
quired by the bill.
Emmeluth then supported tho bill
and moved that It bo referred to the
Speaker Aklna now called Deckley to
the chalrand spoke on the bill, support
A PRETTY COTTAGE
IS NOT AS GOOD A
as to purchase It at a low figure, on easy
terms, anJ by planting trees, shrubs and
flowers, Increase the value of your Invest
ment. WE HAVE A NEAT
SIX ROOM COTTAGE
on King strett, just completed, that e
will sell to the right parties on the follow
CiihIi, $250 OO
Monthly PoymcntH. $45.00
McClellan, Pond & Co.
I TtL. .MAIN 6o.
ing the act Ho Introduced a list of
flsbes that never grow very large. He
also spoke at some length on otbor
classes of fish, and suggested one or
two changes In the bill. A motion to
refer the bill to a special committee
was lost, Tho motion to indefinitely
postpone the bill then was voted on
and carried, 19 to 7.
Emmeluth introduced n message from
Secretary Cooper, submitting a few
minor bills from the United States
Government, nnd suggested that they
bo Included In' tho appropriation bill
Emmeluth gave notice ot a bill en
titled an act to amend sections 10 and
12 of the Session Laws of 1898, which
he Intended to Introduce.
The House then took a recess until
Young Block Arteitian Well,
At a depth of 1000 feet tho artesian
well being sunk on the Alexander
Young block site, began to guBh water.
The flow commenced Saturday and has
been Increasing steadily ever since
until now a perfect torrent Is running
Into Alakea street, whero It escapes
through the new storm sewer..
The drill will be kept running until
a depth of 10S0 feet In reached. It Is
expected the well will be a gusher of
3,000,000 gallons per day
RETURNS IN VENTURA
FROM TRIP TO AUSTRALIA
What He Thinks of the Colonies
How the Races Are Run
Col. W. H. Cornwell, who as a guest
of John D, Spreckcis, made a trip to
tho Colonies In tho Ventura, returned
In that vessel this morning.
Speaking of the trip to Australia,
Colonel Cornwell said he was more
than pleased with the Journey.
"The only thing I didn't like about
Australia," "Said the Colonel, "Is that
the country Is ruled by tho laboring
class. Employers are tho servants of
their employes. The laboring man la
supreme. In Sydney because they
wanted to have a holiday, the steamer
, bad to pay the stevedores 11.25 an hour
to shovel coal. They would not work
Unless so paid,
"Auckland Is way behind In the mat
ter of convenience. They are not as
up to date there In many things ns wn
are In Honolulu. In Sydney I saw
somo fine racing. Prom what I saw of
tho turf tracks nt IUwehlll. I am very
much Impressed with them. The turf
Is not as fast as our hard tracks but It
Is fine. There the races last many
days and nt each meet there are several
"At Pago Pago, Mr. Sprcckels' party
was royally received by the principal
hlef who had a big luiiu and dance ar
ranged for him, and Mr. Spreckels was
made a great deal of. The natives of
Tutulla are magnificent specimens, and
In many ways are like our Hawallans,
Pago Pago has a splendid little harbor
completely surrounded by hills. The
beach on which Pago Pago stands Is
not very wldo and thiro Is little room
for a town to grow."
"Peculiar" to Say tho Least.
While n rortnln member of the
Legislature who has been active In
suppressing the Tramways franchise
goblin, was driving to town this morn
ing, he nassed a tramcar on Nuuanu
street below School street at 2:2.1
Heine In conversation with a friend
who was riding with him, he noticed
nothing of tho preliminaries to wha.t
Irnnanlred. namely, the firing of Chi
nese crackers from the front platform
of the ear Just as his horso was passing
tho samo and tho attention required
through tho frantic efforts of tho ani
mal to get nway prevented any further
observation or Inquiry at the time.
It is up to Mr. Pain to make inquiry
Into this peculiar occurrence and the
rnlnmiis of this naoer are open to any
explanations he may desire to make, on
WAKE UP TOO LATE.
A great many of the members of ;he
Houso wcro not award esterday that
the adjournment of that body was the
finish of the Hawaiian Tramways
franchise bill. Under tho rules, a mo.
tlon to reconsider can not bo made nf.
ter twenty-four hours have elapsed
from tho last consideration. After ad
journment, a wnvo of consternation
swept through tho rankB of tho sup
porters of tho measure
THE WATERMAN IDEAL FOUN
TAIN PEN. All sizes, all shapes. H
BY WIRELESS TELEGRAPH.
waii, Apr. 3 The
Upolu wls wreck
ed on the reef at
The following report of the Commit- j
tee on Intoxicants, presented nt this '
morning's session of the Senate was
ordered printed and the remaining
member of the committee Dr. Hussel
was given three days during which
to present his minority report:
Ileport of the Committee on Intoxi
cants on Senete bill No. 42.
To Honorable Nicholas Hussel,
President of the Senate.
Your Committee on Intoxicants after
careful consideration of Act No. 43.
entitled "An Act to regulate the man
ufacture, transportation and sale of
liquors, opium, awa and other Intoxi
cants within the Territory of Hawaii."
after careful consideration, wo submit
that the main questions to be consider
ed before recommending so radical
1. Arc any similar laws In operation
In other parts of the world?
2. If so, are the social conditions ob
taining In communities whero they are
In operation similar to thoso existing
3. What have been the results, soci
ally nnd economically ol their Introduc
tion? 4. If the law were Introduced In this
Tai.i'ttni'H iiinitlil It )ia nnnenlalitn in m
majority of the electors?
6. Would It .onfllct with any )rovl.
.Ion of the United State, Constitution?
G Is It calculated to promote tern-
per",,. i ti.. .... nf intn,ieBni.
7. Are there any special or peculiar
conditions existing In this community
to which tho law would be Inapplica
ble? S. Would the sum of $200,000, pro
posed for carrying nut tho provision of
this Art be adequate for the purpose?
First We find that government
monopolies of tho liquor trade have
been attempted In State of South Caro
lina, U. S. A., under the tltlo of the
"dispensary system:" In Sweden under
what Is known as the "Gothenberg sys
tem:" and In certain provinces of Bus
sla. Second The social conditions In
South Carolina are to somo extent simi
lar to thoso existing in this Territory,
and In other respects they (Uffer ma
terially. The community fa for the
most part an agricultural one, devoted
to tho production of sugar, cotton, etc.;
nnd It Is composed of mixed social elo
ments. nut tho characteristics o the
negro race, which forms a majority ol
the population aro essentially different
from thoso of nny of tho races con
stituting an Importnnt element of tho
population of this Territory. It la un
derstood that the actuating motlvo for
the framing of the dispensary law by retlng out violations of the law, watch,
the Legislature of that State was thelnir railroad stations, steamboat land.
Imucratlve demand of the white popu-lngs, express offices and other avenues
latlon for some restriction upon ccrtalnot commerce, llarrels and boxes, np
proclivities of the ncgros which hadparcntly contalnlug flour, groceries and
become notorious, and which were fo-other merchandise, are frequently
mentert by tho abuse of liquor. No suchsearched for liquor, niueh to the nnnoy
motive exists In this Territory. I.lqiinrauce of tho owners,
cases and crimes of violence resulting Fourth Having learned from exten
from the abuse of liquor arc rare Inalvcly signed petitions that n large
our midst, whilst crimes of the partlcu-numbcr of the electors are opposed to
lar kind which aroused the Indlgnatlonthls law, we deem It expedient that op
of law-abiding citizens In South Carn-portunlty be afforded for full and freo
Inn nre practically unknown here. Ta discussion and to gauge public opinion
social conditions obtaining In Swedenhercon, more particularly by reason of
and In Russia nre wholly different fromtho fact that at thet Imo of the last Ter
thoso with which we have to deal. Thsrltorlal election, tho liquor question
traditions of the great mass of the In-wus not mooted In any party platform,
habitants of those countries nre such Fifth To enact under these clrcum
that they will readily submit to whrtstunces a law so radical and far reach
may be termed "paternal lcglslatlon,"lng In Its effects without first giving
never having been educated up to self-tho electors an opportunity to express
government nnd nn appreciation of per-themselvcs thereon would bo unduly
sonal liberty, as these nre iinderstondarhltrary.
In tho United States, they would not Sixth tho Supremo Court of the
be likely to resent the Imposition of State of South Carollnn has rendered
such a law as an Infringement of lit- a majority decision thnt tho dispensary
dividual rights. law, as existing in that State. Is un-
' constitutional. This was afterwards
Third Upon the results of the opera- reversed by a chango In the personnel
tlon of the law In other communities of tho bench. Tho United States Su-
we do not propose to speak exhaustive- prcino Court has' dcclarod that these
ly' uccaU8 fl111 Bni1 rfWaWe Inforn.a-,
J""' hereon Is not nt the present time
;' "f possess km. We, however coa-,
l lm',cr""vo ,lmt cuch knole.lg'i
I1" I,lncei1 1)efore J""1 ' orur t0 ddr-,
because full and Tollable Inforn.a
l.nl.tA ltn.....nn,1., ... nl 1, r... tliU 1 a ... I. '
,u ,iiii-,i,ri-i,; niiriuri urn ,aw lAOIUll'H UUnHlllUUOU, Unit WierOI
a ucsirauia innovation. The danger or
I Introducing bo radical a measurii will.,
'out duo deliberation wo a strikingly ex
empllfled in South Carolina, whote the
law was rushed through the Legisla
ture at Its session of 1892 with little
or no discussion and in the abnc of
the very Information as to previous ex.
perlcnco which we deem so essential
It was amended at tho two succeeding
sessions nnd Its attempted enforcement
has In tho meantime given rise to end-
less litigation, serious rioting and oven'
loss of life. The existing police force!
of the State was found utterly Ineffeo-
tlve In carrying out Its provisions, nnd
a special constabulary was appointed
for that purposo by tho Governor. So
bitter and Btrcnuous was tho opposition
In somo quarters that tho members of
this special force were armed with
rifles to ennblo them to eutnrco tho law
and the militia wero lequlsltloned to
supplement their efforts A striking
commentary on American liberty;
proving conclusively that tho law was
In conflict with public sentiment At,
alp times a strong foice of constnbu Innly lenul nlteruntlvo would bo tho ex.
lary, which may ho augmented by tholport of It. Finding no remunerative
Qovernor, Is everywhere at woik fer. foiolgn market available, which tvo
provisions of the South Carolina dls-
pensary law which forbid citizens of
the State to Import liquors for their
own use nre in contravention of the In-
terstnto commerce clauio of tho United
Oi-1 r. ........ ... m
valid, nut tho qurstlnn as a wholo has
yet to be passed upon by that last nam
ed tribunal. Therefore, while the mut
ter Is sub-Judlca, we think It Inadvis
able to add a similar law to the statutes
of this Territory,
Seventh Tho unrestricted manufac
ture of wine and beer would, It Is
thought, be liable to abUBo, as It would
be Impracticable to watch the disposal
of the entire product, which wouy
5 emanate from no definlto source. Tho
limiting of the percentage of profit
would reduce prices below their present
standard, and might therefore be ex
pected to Increase tho consumption.
This view Is confirmed by tho experi
ence of South Carolina, where statistic.
show nn enormous Increaso In tho con
sumption under tho dispensary law. tho
sales having Increased from about
$500,000 In 1S9I to ff2.421.S10 last year.
Tho condemnation of liquor by tho
Hoard of Health would preclude Its
purchase by the government , and
(would have tho effect of throwing It
upon tho hnnds of tho producer, whoso
think probable, a premium would
thereby be offered to Illicit selling.
While the maintenance of any club
house or like place for the distribution
of Intoxicants for profit Is oxpresslly
prohibited wn believe It would be found
Impossible In many cases to detect this
offense, which might be expected to bo
largely carried on In private dwellings.
Klghth The tourist traffic In theo
Islands Is nn Increasingly prominent
feature of local commerce, and the ef
fect upon It of a dispensary system
such as that proposed must not be lost
sight of. We arc convinced that this
traffic would be seriously hampered
thereby, ns the typical tourist out for
pleasure and recreation will not sub
mit to be deprived of his customary
stimulant served In the way he has
bene familiar with; and the result will
be that a very large proportion of the
tourist trntel will he diverted Into
other channels. In this way trndo con
ditions so largely dependent thereon
will be disturbed, Involving financial
Ninth -It Is our opinion that the sum
of S209.0O0 which It Is proposed to ap
propriate In order to give effect to the
provisions of this lnw would not be
ndquato for that purpos, or ocn near
ly so. It might possibly be sufficient to
cover the purchase of stock, the em
ployment of officials, and Incidental
expenses, but It would not defrny the
expenses of uddttons to the police forco
If these were found necessary upon
anything' approaching the scale that
they have been In South Carolina. Hut
nuovn all, when counting the cost, tbo
question of compensation must not bn
lost sight of. Such eminent Jurists as
Ilradiey, Field, Cooley, Ilrewer and oth
er Judges of the United States Supreme
Court have declared In language tho
meaning of which cannot be mistaken
that vested Interest cannot bo Ignored;
that the vested right of property can
not bo Interfered with unless compen
sation bo given and thnt when such
rights stand In the way of the public
good they can only be removed by
awarding compensation to the owner.
"We recommend therefore thnt the
bill be postponed pending tho collation
of exact statsttcal Information of ex
perlenco elsewhere, and to enablo the
electors to give an expression of opin
ion on so Important a question.
S. E. KAIUE.
CLARENCE L. CIIAI1I1E,
Honolulu. T. II.. April I. 1901.
In the Senate this forenoon, Presi
dent Kaluc showed more than cer
his ability ns a presiding officer. Ho
was fair In his decisions and when nny
rulings were made by him, he said
what he tfiought so thnt thero was no
misunderstanding. When there was no
necessity of putting such motions as
referring mntters to commutes, he
did not call for a voto but simply said:
If there Is no objection, It is so or
dered." As will be seen by the report
below, tho work was cnrrled on In a
more orderly manner and with greater
llspateh than at any time during the
Tho first thing done at this morn
ing's session of the Senate was tho
presentation of a petition by Mr. Kn
nuha, praying for tho passage of the
Dispensary bill. Thero wcro 372 sig
natures, Tho petition wns referred to
the Committee on Intoxicants.
Under suspension of rules, Mr, Car
ter presented (ho following resolution:
Whereas, nil tho probate proceedings
and records from tho year 1850, Involv
ing title to n very large amount of
property, arc now kept In nn open room
In light wooden cupboards subject.
mining other things, to that of fire.
Now, therefore, bo It resolved, that
thw Committee on Public Expcndlfuro
bo Instructed to Investigate nnd report
nn estimate of tho cost of n proper fire
proof vault with burglar proof apart
ment sufficient for use of tho Judiciary
Referred to tho Committee, on Public
nxpendlttirca with tho special order
that tho Superintendent of Public
Works bo asked his reason for not
having the work done before.
(An appropriation for this purposo
has already been voted by a previous
Mr. Carter's next resolution, which
was adopted unanimously by tho Sen
ate and In the midst of a great show
ing of enthusiasm on both sides, Is as
Whereas, tho lavatories used by tho
occupants of the Judiciary building,
situated between said building and tho
tnbles, nro in a foul and Insanitary
condition, and hnve been In such con
dition for n long period of time;
And wherens, It Is tho duty of tho
officers of tho Territory to set good and
proper exnmplo to tbo citizens of this
And whereas, It Is a. well-known fact
that tho health authorities hnvo con
demned lavatories owned by Individu
als which were not In ro bad a condi
tion ns these under the control of tho
Now, therefore, be it resolved: That
the Sennte Committee on Public Health
be and Is hereby Instructed to Inquire
why the Hoard of Health has not con
demned the above-mentioned lavator
ies, and why the Superintendent of
Public Works has not long ngo put
these lavatories In proper sanitary con
dition. I'nder suspension of rules. President
Kaluo nnd Mr. White read communi
cations from Maul relative to the Dls-'-pensary
bill the first asking for Its
passage, the second for the non-passage
of the bill. Hoth were referred to th '
Committee on Intoxicants.
Mr. Russet having raised the ques
tion as to his position on the Commit
tee on Intoxicants, the chair stated that
he had nppolntod htm to all positions
on committees which he had prcUously
held hut thnt. beforo bis resignation ai
Vice President, the majority of the
Committee on Intoxicants had chosen
Mr. White as Its chairman. The rules
provided for this and therefore .Mr.
Whlto was undisputed chairman.
Tho Committee on Public Lands
reported ns follows nn Resolutions 17
nnd 20, estimates for roads, bridges,
streets and road damages In South III
lo: Although some of the amounts asked
for seem large, wo feel that Illlo Is a
growing town nnd need many Im
provements. It possesses a large back
country which needs roads to develop
It. nnd open It up for settlement and
It will be hut n few years that the cost
will he returned by Increased allien
That many of the streets need ex
tending nnd widening. This should be
done now ns land values arc Increasing;
and beforo brick and rtnnc building
Your committee find a largo portion
of these amounts are Included In the
estimates of the Superintendent of
Public Works. Wo therefore recom
mend that the Items asked for be
granted. If there are sufficient funds
available without depriving other dis
tricts of their Just portion of necessary
J. T. BROWN.
J. D. PARIS,
This report nnd the following of the
Public Works Committee on Resolu
tion 18, asking certain amounts for
roads In North and Soitli Kohala wcro
laid on the table to be considered with
the Appropriation bill-
Your committee haw considered the
same and would recommend us fol
lows: That JS000 Instead of ten 'bo granted
for tho road from I Incline, N. Konn, to
Kcahualono, South Kohala.
The other amounts we would recom
mend be Inserted In tho Appropriation
bill as In the resolution.
J. T. DROWN.
J. I). PARIS,
At Uits point, the long report of tbo
Commlttco on Intoxicants which ap
pears In another column, was Introduc
ed. A favorablo report on the Emmeluth
resolution Inviting McKtntcy to Ha
w-all was adopted.
A favorable report on the petroleum
storage act was tabled to be considered
with tho bill.
Mr. Achl gave notice of his Intention
to Introduce an amendment to Rule 8
of the Senate.
Acid's resolution regulating expenses
of tho clerk In keeping records went
to the Committee nn Accounts.
Acid's resolution calling for a report
from the Claims Committee was voted
Mr. Carter moved that tho commit,
tee referred to In the report bo ordered
to report nn Saturday. Seconded by
Mr, C. Urown and carried.
At 12:C5 o'clock, the Senate took a
recess until 1:30 o'clock.
. .- i
Style. . .
There Is a shoe known
wearers of which will take no
others. Try on a pair and be
convinced of the truthfulness of
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