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at 110 King Ptreet, Honolulu,
T. of H., by the
PULLETIN PUDLISH1NO COMPANY.
WALLACE R. FARR1NOTON ..Editor
Xntered at the Pott Office at Hoho
Mu as second class matter
Fer month, anywhere In U. S. ..I .75
ft year 8 00
Nr year, postpaid, foreign 13 00
Payable Invariably In advance.
Post Offlce Box 718
JUNE 5, 1901.
What n noble conception It was of
the fathers! The founding of this Gov
ernment NOT niion tho will nnd Judg
ment of thctJriiW. but UPON THE
WlLlf AND JUDGMENT AND CON
SCIENCE OV THE MANY; n Cloern
ment In which all the people of cery
Stntc participate In a citizenship that Is
equal everywhere; equal citizenship In
equal States In a Union that has never
been equaled Persldcnt McKlnlcy.
n n .. ,u ,,,. ,ln- in ihJl H true thit Congress can deal with
Thurston Is the biggest tiling In tho Territories Just as other nations ,
United States f ou don believe It I J ,or J h'8,,,0, f ?h '
note thnl the Advertiser this morning "" . "n" L " '', "'" "c'r "?"
gives lcs than a column of space to tho
most Important Supreme Court deci
sion that has been rendered since the
famous Drcd Scott decision, nnd de
votes over seven columns to n brief
bearing on the Thurston contempt case
now before Chief Justice Frear It Is
apparent th.it the Thiirstonlau con
spirators nro hard pressed.
Frear savs his principal contention
was upheld. The Chief Justice Is get
ting funny ngaln. His principal con
tention was that the constitution did
not follow the flag Immediate nftcr
annexation and the Supreme Court
savs that It did. That's nil. Frear
manufactured a "transition period."
The Supreme Court recognizes no such
manufacture and lustlce Brown ex
presses a very positive opinion on the
i ourt that legislates on account of Con-
gresslon.il Inaction. The rotks of San
Francisco harbor made no more com-
plete wreck of the steamship Illo than
the Supreme Court has made of Jus
tice Front's principal "transition pe
riod" contention The Supreme Court
of Hawaii morclj decided their case to
make things smooth for their govern
CONSTITUTION AND FLAG.
The decision of the Supreme Court
on the fnmous Insular cases determin
ing the status of the Is'ind possessions
o' Porto Rico and Hawaii Is practically
to the effect that the Constitution fol
lows the flag Into newly acquired ter
ritory until suih time as Congress
enacts laws governing such territory;
Congress has practliallv absolute pow
er to do what It pleases with mi) terri
tory previous to Its admission as a
Stntc In the Union.
The Do Lima caso vvhlch ilalt with
the collection of duties on sugar Im
ported Into the United States between
' the time of the signing of tho Paris
treaty and the enactment of the For
jikcr law Is decided against the conten
tion of the government. The decision
Is signed by Chief Justice Fuller and
Justices Brown, Brewer, Peckhara,
Harlan nnd Grnj . The dissenting
members were Justices Shlras, McKcn
a and White.
This case has a dliect bearing on tho
status of Hawaii during the locally
manufactured "transition pcilod," and
tends to reverse every contention of
the Supreme Court of liar all In declar
Ing the Constitution of the United
States Inoperative from the time of the
passage of the New lands resolution
until the Territorial Organic Act was
Jn force. Justice III own In tho courso
of the decision, nnd speaking of the
contention that nannexed territory re
mains "foreign" until Congress has
"This theory also presupposes that
territory may be held Indefinitely by
the United States, that it maj be treat
id In every particular, except for ta
riff purposes, as domestic territory:
that livvs ma' be enacted nnd enforced
by officers of the United States sept
there for that (impose; that Insurrec
tions may be suppieesed, wars carried
on, revenues collected, 'taxes Imposed;
In short, that ever thing may bo done
which a government ean do within its
own boundaries, und yet that the tei
rltory shall remain a foreign countiy;
that this state of things mny continue
for jcars, for a centtuy even, but that,
unless Congress enafta otherwise. It
still remains a foreign country. To
hold that this can be done, ns a matter
of law, we deem to be PURE JUDICIAL
LEGISLATION. Wo. Und no warrant
, for It In the Constitution oi lu the povv
ere conferred upon this Court. It Is
true the non-action of Congress may
occasion n temroiary Inconvenience
BUT IT DOES NOT FOLLOW THAT
COURTS OF JUSTICE ARE AUTHOR
1ZEB TO REMEDY IT BY INVERT
ING THE ORDINARY MEANING Of
The Dmwies case which Is the most
Important of those rendu ed as affect
ing tho government of Territories pres-
cut nnd futuie, deals with theForaknr
law that provides for the collection of
duties on goods sent to nnd from tho
United States oncl Porto Rlc o The dec!
alon In this case holds that the duties
collected under this law are legal; that
Congress can Imposo special tariff du
tics for any Territory; It ean do as It
pleases with any Territory,
This decision brought about tho
sharpest division In the com t of any of
saved to the government by only a
majority of one. The decision Is ren
dered by Justice Drown aid accepted
by Justices Shlrns, a ray, McKenna and
The dissenting opinion offered - by
Chief Justice Fuller nnd signed by
Justices Harlan, Brewer nnd Peckham
Is n severe and telling arraignment of
the majority decision. Chief Justice
Fuller commenting on the majority
"The logical result Is that Congress
may prohibit commerce altogether be
tvveen the States and Territories, and
mny prescribe one rule of taxation In
one Territory and n different rule In
another. That theory assumes that the
Constitution created a government em
powered to acquire countries through
out tho world, to bo governed by dif
ferent rules than those obtaining In tho
original States nnd Territories, and
SUBSTITUTES FOR THE PRESENT
SYSTEM OF REPUBLICAN GOVERN
MENT A SYSTEM OF DOMINATION
OVER DISTANT PROVJNCES IN THE
EXERCISE OF UNRESTRICTED
Justice Harlan In his dissenting
"In my opinion Congress has no
existence nnd con exercise no authority
ntitl,l.nf tho rnn.tltiitlnn. sun lo
Itl 1 JIMl 1VB. I Ilia iMlUUIt l I1MIIVJ IIIUI
control ofn written Constitution, which ln CI0lnK ms remnrKS, .vir. ivainii
Is the supreme law of the land, and the ' okalanl sad that the money wasted
,i.. .,.... r ,(, ,.,. ..mm, ,, I on the useless mllltnry and make-be-
Oovernmcnt or nnv branch or officer of
It mnj exercise at nny time or at any
place. Monarchical and despotic gov
ernments, unrestrained In'thelr powers
by written constitutions, may do with
newly acquired territories what this
Government nny not do consistently
with our fundamental law. The Idea
that this country may acquire terri
tories any w hero upon tho earth, by
conquest or treaty, nnd hold them ns
mere colonies or provinces, Is vvholl
Inconsistent with the spirit nnd genius,
ns will as with the words of the Con
stitution. The glory of our Amerlcnn
system of government Is that it was
created by a written Constitution
vvhlch protects tho people against the
exercise of arbitrary, unlimited power,
Bn,i the limits of which may not be
paused hi the government It created,
or by any branch of It. or even by the
people who ordained It. except by
amendment. It will bo an evil day for
American liberty If the theory of a
government outside of the supreme law
of the land finds lodgment In their
Other minor decisions hold that tho
tariff schedule Imposed b General
Miles during the military occupation
of Porto Rico was legal, coming under
the head of military ntcesslty nnd that
trade between Porto Rico nnd th
Mainland Is coastwise trade.
One of the features of tho decision Is
the thoroughly non-partisan alignment
of the Justices In every Instance. Dem
ocrats nnd Republicans were nmong the
majority and the dissenters. It cannot
bo charged ns It has so often been In
former d.is that the decision was poli
The position of the administration
has been upheld, but It Is safe to say
that among tho conservative people of
the Nation, among those whose regard
for the rights nnd liberties of American
citizenship have fkot been nnd are not
now clouded nnd distraught by greed
for gain, the decision will nt onco
create u sentiment that the time has
arrived to call a halt to consider to
wards what goal the Republic Is tend
ing and to what dangerous ground tho
government Is leading.
The decision Is ncccpted as an Inter
pretation of our Constltutjon. In open
ing the way to rule of hitherto foreign
people with absolute sway, refusing tc
them. If Congress so wills, nnd,
and all rights possessed by citi
zens of States, the decision Is opposed
and antagonistic to every unwritten-
unwritten It must now be termed con
stltutlonal principle hnnded down to us
0 the fathers and now held by Amerl
cnn citizens to be their most Batred
right. As la remarked by a Btuunch
Republican contemporary of the Main
land, "That Marshall, Fuller, Harlan,
Brewer and Pitkham are ranged on
their side Is ample Justification for tho
la men who have contended that the
Constitution follows the flag." If the
Republican p.uty takes ns its slogin
the right of om government to lefuso
Tenltoilul citizens tho sacred heritage
hitherto recognized ns coexistent with
American citizenship wherever the flag
Is planted, the time Is frst apptoachlng
when the people will demand u change
As Is usual towards the cud of every
college jear, matters lu tho sue 111 life
at Oahu College 1110 beginning to liven
up 11 bit. This cvciilng tho Senior
Class of Piinuhou will be tho guests of
MIfh Ilthtl Damon, at her home on
Next .Monday evening Miss lligmar
Rorensnu will glvo a little Informal
dance to her schoolmates A goon time
A thlid cnteitnlnment will ho given
b tho stuclcntb at I'logress hall on Ad
mission Day, which v 111 be tho social
event of the year No expense will bo
snared In making tho dance a success
Solomon's Quintet Club will be In at
tendance, and tho choicest of icfiesh
mints will be served, An Invitation
committee has been appointed consist
ing of tho Misses Ethel Anvils ami
i:thel Damon and Messrs. Ch.u les Jmld
and Alfred Castle
"Hobs," Jim I,lcd's clog which was
stolen by soldiers several mouths ago
and taken to Manila, returned In tho
Mailposu this morning.
Military Very Hard
In the Senate jesterday nftcrnoon,
Mr. Kalauokalani spoke for nearly
twenty minutes on the appropriation
for tho military'. His remarks were
brought about by a motion on the part
of Mr. Carter who wanted, both the ma
jority nnd minority reports on the
Items taken up forthwith.
, Mr. Kalauokalani was not antago
nistic nnd expressed himself unre
servedly In favor of the adoption of
the majority report, oiling for the
striking out of all the military Items
He then reverted to the time of the
monarchy and stated that there was all
manner of criticism against the same
force kept by the King nnd later, by the
Queen. Tho present force was three
or four times the number of that time.
Mr. Kalauokalani said that It was
absolutely wrong to spend nnv more of
the people's money for make-believe
soldiers who could only stand up on
the mnich when fortllW with beer nnd
the like. The wings of the eagle of the
United States had spread Its winds over
Hawaii nnd Uncle Sam was equal to
the emergency of protecting any part
of American Territory. A force of sol
dlers real soldiers trained to fight
p stationed In Honolulu. These
"ild look out for nil trouble that any
Porto Rlcans, lapanese or negroes
soldiers could bo more piofltably
spent In the emploment of more police
officers. After all, these were the Inen
who had nlwns been tent out to quell
trouble. The soldiers had done noth
ing. WITH THE WOMAN'S BOARD
At the nftcrnoon session of the Wo
man's Boaid of Foielgn Missions in
Central Union church yesterday, the
following officers v. ere elected to serve
during the ensuing ear: President.
Mrs. C. M. Hde; vice president Mrs.
S E. Bishop. Mrs. W. M Klncald, Miss
Chamberlain, Mrs. Theodore Richards'
recording secretary, Mls Sheclc; for
eign corresponding secretary, Mrs. O
H. Dickey; homo corresponding secre
tary, Mrs. Nellie Low icy Moore; treas
urer, Mrs. E. L. Dillingham.
The principal feature of the aftei
noon was tho reading of Mrs. R. W.
Andrews on the Hlstoiy of the Past
Thirty Years. Mrs. Andrews has been
a member of the Board during that
whole time. Mrs. Dillingham who has
been treasurer of the Board for the
same period, reported the finances of
the Boird to be In excellent shape.
The program of the afternoon was ae
Music, girls of Chinese School.
Report of Committee on Appropria
tions. Report Committee on Work for New
Paper, "HlBtory of Thirty ears,"
Mrs. R. W. Andrews.
Music, violin solo, .Miss Woods.
Addresses from strangers. .
Resolution of thanks to committees
Hn tin's oratorio "The Creation." In
the Opeia House on June 21st, prom-
Ibcs to ho the musical event or the sea
son. Sevcnt-flve voices In the choius
will participate and the best Instru
mental talent has been scpured. Misses
Alice Woods and Iota uaruer win as
sist In the orchestra.. Ilegular rehear
sals are held every Thursday at 7:30
p. m. In I'aiiahl hall. I'rof. Ilallasous
will be pleased to receive new applica
tions for tho chorus, tomorrow. Es
pecially some good tenor singers are ln
J. M. VIVAS
Attorney, at Law
& Notary Public.
Agent to grant Marriage Licenses.
Financial and Real Estate Agent.
.j. .j. .j.
POST OFFICE LANE
TEL. MAIN 115.
P. O. BOS -a.
Telephone to All Parts of the Island.
J. G. HENRIQUES, PROP.
Horses and Carriages
to the Volcano or the Mountains.
An excellent chance is offered for
SEB THE COUNTRY.
Carriages meet the S. S. Mauna Loa at
Kallua and take them overland to Hooktna
v, here the steamer is met again. )
When ou take n llfo insurance policy
5 on want nbsolute protection, aslits
nnd distinct from jour imestmenti
Ynti do not want thfllfo limuanco
rnmpany to put jour money In n sugar
plantation In which jou hao already
iincEteil. If tho siiRar plantation falls,
5 our llfo inaurnnci) polity falls of Its
purpose. If Jou want to leao all our
money In tho Islands, lincst it jour
solf: If jou want llfo Insurance put
It lu a good company; lncoiporateil un
der tho laws of a Stato which docs not
pirmlt a llfo Insuianco company to
sprculato In stocks or to loan tin
policy holders' money on whint and
corn Holds. The Oermanln I.lfo In
suinnce'Co of New Yorlc has raoro
assets for each $1000 of Insurance In
force than any other company In tho
PACIFIC HARDWARE CO.,
SOLE AGENTS FOR
DIAMOND HEAD GASOLINE
In specially coatcJ tins and heavy
' cases to prevent letkage : : :
FTiT"i' i7 fc
Sample now en
An Imolreto irrlvon tie
A Full Line of Dixon's
One Style Out of Many
of a new line of
Stylish, roomy anil comfortable.
St.ind.ud Goods. - None Better.
SCHUMAK'S CARRIAGE REPOSITORY,
MERCHANT ST., BET. FORT AND ALAKEA.
TEL. MAIN 205. , P. Q. BOX C64
Most everybody to-day has a hobby some
don't work at it very hard, others bend all their
energies to make their hobby a success.
The hobby of our cigar department is selling
big cigars of fine quality for little money.
Of course we sell cigars for five cents and
otheis for two bits and all the way between and
some above, but the bright particular star in the
galaxy is our " LA ESTANCIA " justly celebrated,
high grade Havana Cigar.
We sell bit cigars in nearly every Havana
brand, and you get a good lasting smoke of the
best tobacco raised in Cuba.
LEWIS & CO.,
1060 FORT STREET.
Metropolitan Meat Co.,
Fresh Meats and Fish
by Every Steamer
From the Coast that
Also Poultry, Salmon and
FOR SALE AT
SHREVE & CO.,
To facilitate trade with the Hawaiian Islands, will deliver all Roods
purchased or ordered of them, free of all charges for transportation to
Honolulu, or returning same to San Francisco, Goods will be sent on
selec'jn to those known to the firm, or who will furnish satisfactory
refe.ences In San Francisco.
Jewelers, Gold and Silverware Manufacturers,
Market & Pout St8 8. P.
Illustrated CATALOGUE and prices furnished upon receipt of request. We have
the largest manufactory of Jewelry and Silverware west of New York City, and are
prepared to furnish special designs.
muanu now 4u.
has Cold Storage,
Choice Beef, Veal, Mutton,
Lamb and Pork always
The Metropolitan Market, King St., Til. 45.
The 'Booth, Fishmarket, Telephone 379.
Central Market, Nuuanu St., Telephone 104.
Chase and Sanborn
Old Government Blend
Salter & Waity
TEL. 681 BLUE
Real - Estate
Situate neir Punchbowl street, between
lirrctan! 1 and King str-ets In Honolulu,
Island of OjIiu. Being Apanas 1 and 4 ot
Land Commission Award 2C) Issued to
Walakea, or Lots A and B In the name of
A. W. Ma oho as Indicated on maps In the
Government Survey Department.
By virtue of an Order Issued nut of the
l.lrcult uourt or the hirst Utalt lion. A
S. Humphreys, presiding, In h cue at
Chambers entitled Aleander M,ilnh ver
sus William Maloho. et al.. Equity Divi
sion Numb r 1171, the undersigned will
sell at Public Auction to the highest bidder.
subject to contirmitlon bv said Court,
ON MONDAY, JUNE U
AT 12 O'CLOCK NOON,
At the mauka entrance to the Judiciary
Build tig In said Honolulu, the following
uescriDeu lanus, 10 wu :
APANA 1 (OR LOTA, A. W. MAIOHO)
Bounded bv Printer's Lane i feet on
makal side: bv Ros; tC. Anahu in feet on
Eua side; bv Hiram K. Anahu 50.5 feet
on mauka side; and by a g foot Roadway
,p I., Art irrtnti,t i.t a
?0 , uii iidinini 9IUC. mcu yu,
square feet, more or less.
Lessmin one-nun or tnisApana will De
condemned for a 50 feet street in order to
extend Young Street Ewa way or towards
Hotel sTeet. OUT WHAT REMAINb OF
TIIL LOT .MAUKA AND .MAKAI will here
after become enhanced In value on account
of said propisej extension and also on ac
count of their fronting on the new street.
A RARb CHANCE I OR CAPITALISTS.
APANA 4 (OR LOT B, A. W. MAIOHO)
Bounded by Rose K. Anahu 58 feet on
makal side; by said 9-foot Roadway 156
feet on Ewa side; by Government and
Bishop Estate about bo feet on mauka
side; and by Pahau Estate about 120 feet
on Walklkl side. Area 9830 squate feet,
mote or less.
This Arana 4, the outlet to which Is
Prln'er's Lane leading out to Pjnclibowl
Street. could be subdivided Into THREE
LQUAL SQUARE LOTS, with an outlet to
each facing Ewa-way on to said g-foot
Roadway; and the furthest mauka lot,
when Ap na 4 Is subdivided, will still be
within joo feet of the proposed Young
Street Extension, thus eventually doing
away with the use of Printer's Lane as
far as this Apana 4 Is co-cemed. THIS IS
A GOOD CHANCE FOR INVESTORS.
TERMS OF SALE are cash In United
States Gold Coin, and deeds at epense of
purchasers. For further particulars enquire
of the undersigned at his offlce In said Ju
Dated Honolulu, wav 31. loot.
KINQ UP THE.
Livery, Boarding and
Sales Stables, : : :
618 FORT STIUOn
Stable 'Phono, 477
Hack Stand 'Phone, 319 and 11 1.
O. H. BELLIMA.
Safes, Pianos, '
Drays for Freight
Our representative meets all Incomlm
tteamers from the Coist aid we checf
baggage on all outgoing steamers.
White iDd Black Sand For Sale
Office with Evening Bulletin. 210 Klnt
ttreet. Tel. 86.
W. LARSEH. Wt't.
FOR BALLAST !!
( White and Black Sand
I ln Quantities to Suit....
.CORAL AND SOIL FOR SALE.
Iffif Dump Carts furnished by the daj
m Hour's Notice.
II. R HITCHCOCK
Queen St.. opp. Union Fed Co. TEL aoi
Mrs. W. L. Eaton X
Music Teacher X
WILTON IOPGB, kl0 Stklir 4
HCtULlV TCT A
Henry R. Worthington
and Fort Streets.
TEL.. MAIN 100.
Engineers and Builders of
High Duty Direct Acting
and Crank and Fly Wheel '
Pumping Engines. Elect
rically Driven Pumps,
Power Pumps, Centrifugal
Pumps and Water Meters.
.;. 4. 4. 1
Large stock of small pumps
on hand for all services
irchltecfircontractors anil Builders
Edward R. Swain,
iTASGEMVAlb BLD ,
J. F. RILEY.
Hoffman & Riley
I'. O Bos ,(
340. W. Pits
P. W. BwrdilM
P. O. Bot jtI
BBARD8LEE & PAGE
Architects & Builders
Office. Rooms 2-4, Arllnzton Anntx,
lonolutu, H. I.
Sketches and Correct Estimates furnish
it Short Notice. 1441
or ALL KINDS.
Dealers in Lumber and Goal.
Qneep utroot. Honolulu
P NTRACTOR AND
lobbing : Promptly
Attended : To.
.16 'REMOVED J
t rear of old stand. Entrance on King
't. Ofut r left at either shop, or office,
t John Nott's 3rt, Kin street, will re
'v TTomr' i.rtritlnn. mi-tf
on all sorts of building.
OFFICE IN OLD ARLINGTON
to suit everv
taste and emu
purse : : : :
Lewers & Cooke,
FRED J. CROSS,
Coniultlng nd Superintending
Kloctro-tfydraullc Power Trannuilolon
REPORTS AMD ESTIMATED
FURNI8HED. . . .
With Catton-Nell Co., Queen strcf t.
Offlco noit to PoL.vaco. IKU
A. Harrison Mill Co.
ESTIMATES FURNISHED ON AIL kISDS OP
Brick and Stone Work
Manufacturers of Doors, Sashes and
Frames, Blinds, Mouldings, Brackets, and
All Kinds of Wood Work, Finish luriilng
,. . .... KAWAIAHAO S.T.. M:VALO,
Tel. White 1231 1'. O. Box c.
tlonolulu Iron Works Co
Improved and modern SUGAR MA
CHINERY of evciy cupaclty and de
scription made to order. Dollar work
and RIVETED PIPES for lrrlUo
purposes a specialty. Particular inten
tion paid to JOB WORK, aud rbt.il
I executed at eh or test notlca.
A i,i .pi. A. ijHi