Newspaper Page Text
T" I i
EVENING BULLETIN, HONOLULU, II. T., FRIDAY, AUGUST 10. 1901
This Is No Lead Pipe Cinch.
I am not cut to rob the public
but simply to earn a living In
a legitimate way. My motto
Is "Honest Work at Hon
I Have Moved
my plumbing business to the
CORNER OF BLRLTAMA AVD
LW MASTS. Telephone, White
3571, where I have In stock the
follow Ing goods:
enameled Iron and steel clad,
with nlckle plated trimmings;
all) wooJ, zinc lined.
Water Closets, Wash Out,
and Syphon, Jet stsle.
Sinks of Pressed Steel, both
galvanized and enameled.
Lavatories, enameled Iron,
and marble with nlckle plated
Wash Trays, enameled Iron
v th vv ood cover.
Slop Sinks, entmeled Iren.
Hot Water Boilers and Stands
Water Plre, Faucets and Trim
m'ngs, Galvanized Iron, Gut
ters, Cornices, Stone Pipe, Tin
Jobbing Promptly attended to.
Work and Materials Guaran
teed. Your Trade Is Solicited.
JaS. Nott, Jr., Sanitar Plumber.
75 and 70 Klnfi Street
TELEPHONE NO. 31.
NOW Ik the time to cot leaks and
breakages seen to, and otir
Roofs Put in Order.
l) competent workmen
SHEET METAL WORKS
H. W. BARTH.
Galvanized Iron Skj lights and Ventllato
Conductor Pits and Gutter Worlt.
Al htrl Su.tt. t.t.QdHn and Mrrch.nl Honolulu
Jobb ni promptly tu.oS.I ib.
f-1. W)tty 41 P. O. Ron 270.
Notice to Property Owners.
I have In my empliy FOUR FIRST
CLASS I'LUMBrRS from the Coast. I am
now ready to fisur- on your work at the
lowest prices My men are Union .Men.
Cve me a tr at.
C. II. BROWN,
Territory Stabls. Kin ' St
eer and Wine Dealers.
SODA WATER CO., Ltd.
Corner Allen and Fort Sts., Honolulu
Gonsalves & Co.,
AND WINE AILRCHANTS.
22 Queen St., Honolulu. H.J
THE NEW DEPOT SALOON
OPENS MONDAY NIGHT
HOMB UVIII hwdle the new
INDUSTRY Honolulu-made Beer only
A COOL, WHOLESOME DRINK.
Ryan & Dement
Also proprietors of the popular ENCORE
SALOON, MJUANU AND HOThL NTS.
Where the Beer is on Draught To-day
Albert R. Cunha
ATTORNEY AT LAW.
80S Storulenwald Building
W. Austin Whiting,
W. J. Robinson,
Removed to Room 300, JudJJBuildine
I'ttPRSOl J A. MTTIIEWMAN
Peterson & Alatthewman,
COUNSELLORS AT LAW
t O Box ij i KAAHlJVUNU ST
ftupiiovr, Main its
J. M. KANEAKLA,
Counsellor at Law.
OF-F1CL Ilethel St., near the Post Office.
F. W. Thrum,
ROOM 100. BOSTON 3LOOK.
Surgeons, Physicians and Dentists.
Dr. Archibald N. Sinclair.
OFFICES i TELE "MONESs
Rooms mS-wq, urnce, Main, )8t
Boston tluiLmsa Kemdekci,
lour si em. Whits, .Mi.
HOURS ii a n to i. p m i
. LTO )M M t TO t f. M.
P O noxs-i. siisnw-u-t p n
DR. W. H. MAYS
381 Beretanla 8treet.
7 to 8 Telephone ooa
DR. J. T. WAY80N,
445 BERET ANIA ST.
OFFICE HOURS 1 !" j J. P-1
(0:30 p.m. to 7: 3 op.
19) fEI.. in 34"
Dp. P. J. Rayner,
Crown and Bridge
HOUR!) 4 TO ..
3Q4 Bowton Block.
Dr. Albert E. Nichols
1123 Alnhen Street, next to Masonic
Onice Hours 9 to 4
A. C. WALL, D.D.S.
G. E. WALL, D.D.S.
I.oo Diiltdlng. Port Street.
Hours, 9 to 4. Telephone, 434,
Dp. W. G. Rogers
EYE, EAR, NOSE AND THROAT
New Special Treatment for Deafness
No charge for consultations.
OFFICE-184 Hotel St., opp. Y.M.CA.
HOURS - q to la-i to 4:10-7 to 8.
Dr. W. H. Jones
W R.C V.S., M.V Vt.A , LONDON.
ornu. waikiki STAI11.LS.
HbdDENCL "MIL CALIIOKMA,"
It is 1 ur Idea thai 1 1 i co J Mm it,r von in r
cIm? irat Life m th bu'nc t it I ?. ani thr
a tent Ion h(h oj brt'uw upon our ri
ur iaite art luxuriant a ur tyv IrIi! i
CjuoJ rei arenut mai, nor puire)thrtrt-i, y
IV ue( pur iftastvi
1 1 jounce iluf poor e es we ruett)e:oJ j.lam
A. N. ANt-ORD,
uosro itua . fOUt StttKr
0EI HAV. CO
Chinese and Japanese Firms.
Ml KCHANT TAILOR
Fine English and American Goods
65 Hotel street, Jnj
HUel near Nuuanu
' O Hoxulli TEL uillTB
UJIei tk'rii clcaneJ. Clothing
cleantJ, drJ and rrpa rei.
Fit uanntec4 Lotstp lea
Tor twt, near KuVut, and
n if Orphcum Tfifatrr,
Mrkct Cleaning on mlt, tjc,
iWq fim nvelrtr anil $a
Is served on the tables of the best
families everywhere -h London
In New York as well as In San
are the tmest we've ever seen.
enab'e the houekeeptr to serve
thee fancy dishes as well as the
high priced cnlet of the most ex
BUY 'EM Or
Lewis & Co.
Food Specialists and
IOGO FORT STREET.
lewder mill WiithindUci'.
Engraving on Gold. Silver, Ivory Etc.,
ROOM NO. 3, ELITE BUILDING.
IN GRAND JURY WORK
rolluulng l the stenogrnnlllc report
of the proceedings In the Circuit Coiirl
"I understand you vanteil to see
me," said Mr. Cathcart, addressing tho
"It has come to the knowledge of the
Court that ou ndvlsed the Grand
Jury to sec tho members of tho Su
preme Court regarding the appeals lu
the habeas corpus casis" responded
Judge dear. "Is that tho case? '
"I think 1 had some conversation
Hlth them In regard to the mutter."
"Do jou consider that to be jour
duty as Attorney Genual?"
"I think so."
"I think that you were also con
sidering tho habeas corpus cases with
Chief Justice Hreur."
"No, 1 don't think 1 was.
"Chief Justice 1'rc.ir told me thnt
jou had been. Do jou sa you weru
"I talked with him n minute, nnd
the habeas corpus cases were mention
ed, but we did not discuss them." ,
"Did you advise with him concern
ing the case?" nuustlmied the Court.
"I would like to Inquire If I am here
In any other cnpuclt) than that of At
"Vis, as a wltncRs."
"In what case?"
"This cage, tho habeas corpus mat
ter. Swear tho Attornej General."
"I decline to be sworn In this mat
tei," raid Mr. Cathcart.
"Do jou mean that ou decline to
make these statements under oath?"
"No. sir; I mean I deillnc to answer
these questions. The Court has no
Ight to nsk them."
"The Court finds you guilty of con
tempt and will Impose a fine of fifty
dollars. If It Is not paid by tomorrow
noon the Court sentences jou to be
confined Iti Oahu prison until It Is
"Gentlemen 01 the Grand Jury" said
Judge Gear, "the court has Inquired of
the Attorney General s department
concerning certain facts. I have been
Informed that tho Grand Jury con
sidered tho question of uppeils In the
habeas corpus cases, and, In accord
ance with such deliberations, ndmlttid
the Attorney Geueral to take part In
such proriedlng8. That acting upon
the advice of this attorney, .Mr Cath
cart, jou proceeded to the Supremo
Court und cunsulted the C'hlif Justice
In regnrd to the matter. 'Ibis Grand
J in has been called, ax I li.no often
reiterated. In regard to the considera
tion of tho hnbeas corpus cases. 1 ho
law gave tho Circuit Court tho right
to rclcascmcn Illegally untrained, un
der projer application through writs
of hnLTe.is corpus. 1 ho code gave this
Couit tho right to act In these cases,
and this Court did net. Under the de
cisions of the Supreme Court and th
('lilted States courts there Is no ap
peal from an order releasing n man by
virtue of habeas corpus, and It was ap
parent to this Court that no appeal
would lie. In Bplte of that the Attor
nej General Insisted on the right to
appeal and has biought the mattei be
fore the Supreme Court. This Court
mnj have been In error lu refusing tho
appeal ami the Supreme Court may
hold and this Couit thinks It will hold
that I am In error. The Chief Justlco
said that the appeal will lie sustained,
und that there would be ono dissenting
opinion, and that the decision is ready
now excepting tho dissenting opinion "
"If tho Court please ' interrupted
'That Is what the court told me,"
tald Judge Gear. "The court told
mi' the decision would be reudj Tues
daj." 'The court said theeo might be n de-
c'slon Tiicjdnj." Int minted 1.. C,
AMod, foi eman of tho Grand Jury.
' I understand that whllu this Grand
Jlilj hud these eases under cunsldiin-
Jon." continued the Court, "tho Chief
Justice told jou what Its action would
be lu the matter. This action on tho
puit of the Supreme Court Is unparal
leled. I never heard of u Supremo'
Court telling u Ginnd Jury n thing of
this kind, Tho Giand Juij Is a part,
of this Court and when It does nut act
.... ..... n. .1.1.1 fl....... I... ....... ..!..... n '
UB (I I'.ii i ui Clita vuiitt iin lisi-liuui'na
Is ut an end. Tho Grand Jury evident
Ij does not think It ought to follow
the Instructions of tho Couit, and It
can be of no further service. The
Grnnd Juij is dlsehaiged.
"It Is not pioper for the Supremo
Court to talk with the Jury. If tho
Grand Juij wnuted to talk with tlfo
Chief Justice it eciuld have biimmoued
111 in as a w Itucss. The Court may have
cried In calling jou, hu( it did it for
this icuKuu. Tito Court did not want
these men held coutrmy to tho law
ami constitution and It did not want
it said that they weio being held be
ciiiisii the eomt did not call a Grand
Juij to hcai thcli eases. This Court
was unwilling to let theso men escui o
Old Lady Luiope. "Lud, something's
through any loophole nnd consequently
It became necessary to call a Grand
Jury though the Attorney General did
not want one at this time.
"The Court now finds there Is to be
no necessity for this Grnnd Jury or
why the Grand Jury should be In exist
ence. What cases jou have examined
should be reported upon , and jou
should return what bills jou now have
"It would perhnps have been better
not to have called this Grind Jurj but
the Court understands that the Grnnd
Jurj tnkes Its law fiom this Court.
If the Attorney Genernl appealed these
cases, nnd the Court cued. Is not a
matter for the consideration of tho
Grand Jury. Though the Court has
given jou Instruction lu regard to the
law jou have seen fit to disregnrd it
and tnken the statement of the Attor
ney Genernl on n matter of law, as to
whether the decision of this Court was
right. This action on the part of the
Attorney General Is wholly unprece
dented. His duty Is to advise jou as
to Indictments, not to tell jou what
this Court should do In matters jou
have under consideration, or how they
may be concluded. This Court docs not
Intend to hold the Grand Jurj for three
weeks until the Supreme Court gives
Its opinion In the habeas coipus cases
1 want to saj that I consider the action
of the Supreme Court In making the
statement In this matter to the Grand
Jurj', as standing alone In the hlstorj
of courts, within tho knowledge of
Mr, Cathcart "If the Ornnd Jurj
Is adjourned until Tuesday I will have
the Indictments readj for signatures '
"I do not think the Grand Jury ran
be adjourned, except from day to da ,
replied the Court.
"I would like to make a statement,
said Foi email Abies, "jou said that
the Attornej General had taken part
In our deliberations.' '
"Ho stated so to me,' 'was the reply
of the Court.
"I beg jour pardon," said Mr. Cnth
cart; "jou misunderstood me , 1 stated
that I had advised tho Grand Jurj I
told them It might be n good Idea"
"We had called the Attornej Gen
eral Into advise us.' exnlnftied Mt
j Abies. "Wo thought we needed the ad
vice of lawjers. We are none of iia
tmjcis unu iiiuiigui inere' weie sonit
questions that rhould be decided for us
bj lawjers. As to the Idea emuratlri
from the Attornej Genenils depart
ment concerning the habeas e orpin
cases, this Is not true. It originated
lu in own mind, and I am willing U
take the blame loi It. .Mi. Catli-.in
has not taken part in mil delllina.
tlon. Relative to the coinmunluitio'
from the Attornej General, we av.
that to jou with other papers Vo
asked us concerning the men in J til
rc-arreslcd after being released on
writs of habeas corpus, and thought it
pioperto Investigate. We th,
that the best waj was to go direct tu
the head of the Attornej Geneinl a de
inrtnicnt, which had the matter lu
charge. We thought It wlso to see
the Supreme Court lu regard to the
appeal before taking up the eases fur
ther. The Supreme Court told us
thnt there might be a decision Tues
day. The members of the Grnnd Jurj
feel that they have assumed the re
sponsibilities of a Grand Jury, and f ,
willing to continue, but we do cn.t
think It our dutj to find out wheth"i
these men were Illegally Imprlsone 1
or not. We did not think IT Httlns;
that we should Investigate tueae
Mr. Castle, n member of the Jury
"I would like to saj a word. Tlieu
ctBCs were tnlked about und we vire
willing to fct.ey by the Job until it was
finlshi d. We don t want to shlik any
' I nm glad to hear tint," icmar.ted
To the Clerk. "Let me fcee join re
port." Th" court then read fiom the re
port that the Supieme Court would
not give nn opinion In the habeas ioi
pus mattei until next week.
"It the Court is making a portion of
the Grand Jury's leport a matter o:
let oid ut this time" said Mr. Ca'U
can, "I object. Tho minutes of the
Grand Jurj are seeict, absolutely In
violate and ought not be published
"The Court nlwajs has a light to
know what the Grand Jurj Is dolm.
"I do not think the law gives tluu
right. Tho minutes aio mji l no,
even the olllcliil clerk o- sten )?iaph'.i
Is ut llbei tj to sect them. If this n to
bo made a niuttei of iccoid tlu whole
tepoit should bo given.'
"The Couit has u light to knu.v
ivcijthlug thut the Grand Jurj is lu
lug. This is to be kept ecciel. It Is not
' Under the law all pioceedlngs ol
tho Grand Juij nru seeict, iuvlolaili-
Just gone scooting by usl" St. Louui
No one shall know any thing of their
dellbeiatlons. Members of the Giand
Jury cannot even be called Into eourt
to testify as to what trntisplies in th
urj room " '
"The Court will take note of jour ob
"The Court will not require any fur
ther service of jou, replied Judge
Gear. "As soon as jou have completed
the work now In hand, and signed the
bills, jou maj be excused While ilia
Court has some doubt us to the right
to excuse jou over one daj, or nnt.l
Uext Tuesdaj, this will be done, the At
tornej General advising that It wilt he
proper I thank jou, gentlemen of the
jury, for the work done."
Mr Cathcart then raid "If the
Court pleise 1 was luouglit before tho
bar and fined foi contempt. I would
lUe to explain why I refused to bn
swora, not for the purpose of modlf'-
tng the Courts decision but to place
no self In a proper light. If I offended
the Court, I desire to apologize, t do
e lined to he sworn because I did not
recognize the right of the Court to
put me under oath It seemed to -no
a question of veracity, fiom what the
Court stated between in v self nnd the
Chief Justice of Hawaii
I saw no ie-ason foi this cross ex
amination oi vvhv I should be put In a
position of standing upon my own
Ht.ifment or putting In question the
statement of the Chief Justice. I en
not unih-rstaud that, jour Honor. I
want to 30 on record ns not being dis
respectful to this Court, and the Court
ought to sec that he should not put
mo as Attorney Oenetol, In a position
where It Is a question of the Chief Jus
tice falrlfvlng or of me deliberately
The- Court "You refused to tell
under oath what jou had previously
It seemed to me that my word ns
an attoiuev was siitliclent without be
ing sworn as n witness."
"I have never before questioned
jour word," said the Court In renly.
The Court understands mat I was
not befoie It ns a witness, or to bo
caught bv- the peculiar practices of
There aio two was of showing
this One Is a respectful one, the oth
er a disrespectful method."
I had not Intended to he disrespect'
fill ' replied Mr. Cathcart.
The relations netween this Court
vnd the Deputy Attorney General have
always been pleasant, and the Court
believes that the action of the Deputy
Attornej Geneinl was not intended. It
feels Justified In Imposing the fine for
contempt, but Mr. Cathcart having ex
plained that he- did not mean to be ills
'ourteous. the Court will remit the
fine Imposed upon nlm. Tho Court
does not want the enmity of the At
tornej General's ileum tment. and lire.
ffi-e to continue the pleasant lelatlons
lilttieito existing Tne Court bellevc-s
If 'hete was unv nlsooiirtesv It was In
the heat of the moment. The only wnv
thtt this Court maj protect Itself Is
bv surli lines The Couit does nit
i msldi-r that It eired but 111 view ol
tt.i explanations will remove the lino
Wm. G. Irwin
Claus Spreckels & Co.
HONOLULU, : : T. H.
San Francisco Agents Tho Ne
vada .National Haul, or San Francisco
San Francisco The Nevada Na
tional Ilink of San Francisco
Lordon The Union Hank ot L)i-
New York Vnieilean i:chauge Na
Chicago- Met chants' National Hank.
Paris Ciedlt I.jonnals.
3jrlln Drosdner Hank
Hongkong and Yokohama Hong
! ong Shanghai Hanking Cmporatlon.
New Zealand and Australia Hank
or New calami.
Victoria and Vancouver Hank of
Hrlttsh North Ameilca
Deposits lecelved Loans mado on
apiitovt'il security Cuinnieiclnl and
invdeis Cl edits Issued. Hills of i:
(lunge bought nnd sold
Collections Promptly Accounted For.
Pioneer Building and Loan
ASSETS, DEC. 31, 1899, $112,077.00.
Moii-j loaned on appioved seeuiltj-.
A hmliu Hank tor monthly deposits.
Homes built on tho monthly Install
Twentieth Series or Stock Is now
opened OFrimiS i P Lansing. IMesI
dei.t h II Hose. Vlco Pi esldent; C. 13.
(ii ij Treasurei; A. V. Geai, Seero
tirj -UIICTOKS T I'. Lansing. S. '3
ll'He- V Geai, A K Keeeh, He my
Smith J I. Mcl.enn J 1) Holt. U. 'I
liiav I. Howunl.
A V. Ginil,
f i.ambei of Coiiimeiee looms
Otile. HolllS IJ ,iU 1 XU p III.
BISHOP Sr CO
Savings DeposIiB will be
lei-tved and Ini.itst allowed bj tho
Bank at foui and one-half pel cent
Printed copies of the Utiles and Heg
ulitmns maj be obtained on applica
tion Olllie at Innk building on .Merchant
IlISIIOP ic CO.
The Yokohama Special Bank
Siibm rlbe I Capital . . Yen 21 000,000
lil I l'p Capital Yen 1S.00Q 000
Rescued Pund . Yen S.310,000
Head Olllee Yokohama
The Hank buys and leeelves foi col
lection Hills of i:ehauge. Issuci, Diafts
and Letteis of Credit, and tians.icts
u geiioial banking business.
On I Ue4 IKpo l tor it month. 4r1rc.nl p a
On I j IVpn.it fir 6 ' 1',
On I U.l u.io.ll tor j "
Hratich of the Yokohaiui Specie Ilink
New Republic Bid., Ill King Street
Agents, Brokers and Jobbers.
H. P. BALDWIN Presldenti'
J. D. CASTLE 1st Vlco President
V. M. ALi:XANDKIt....2nd Vice Pre
J, P. COOKE Treasurer
W. O. SMITH Secietary t
GEO. II. CAIITEII Auditor
Sugar Factors and
Hawaiian Commercial & Sugar Co.
Haiku Sugar Company,
Pala Plantation Company.
Nahlku Sugar Company.
Klhel Plantation Company.
Hawaiian Sugar Company.
Kahulul Railroad Company.
The California aud Oriental S. S. a.
W. G. Irwin & 6a
Western Sugar Hennery Company of
Baldwin Locomotive Works of Phila
delphia, Pa U. S. A.
Newell Universal Mill Co. (National
Cane Shredder), New York, U. S.iA
N. Ohlandt & Co.'s Chemical Fertil
izers. Alex. Cross & Sons' high-grade Fertil
izers for Cane and Coffee. j
Reed's Steam Pipe Covering.
ALSO OFFER FOR SALE:
Parafflnc Paint Co.'s P. & D. Palnta and
Papers; Lucol and Unseed Otis,
ran- and boiled,
Indurlno (a cold-water paint), In whit
Filter Press Cloths, Cement, Lime and
CASTLE & COOKB
Tho Kwa Plantation Co.
The Walalua Agricultural Co , Ltd.
The Kohala Sugar Co.
The Walamca Sugar Mill Co.
The Fulton Iron Works, St. Louis, Mo.
The Standard Oil Co.
The Geo. F. Dlake Steam Pumps.
The New England LIfo Insurance Co.
Tho Ktna FIro Ins. Co. of Hartford,
The Alliance Assurance Co. of London.
LIFE and FIRE
Sew England Mutual Life Im
surance co. gf bobton.
tna Fire Insurance Company
Wm. G. Irwin & Co.
Win. G. Irwin.. President nnd Mnnager
Claus Spreckels Vice President
W. M. GIITard.. Second Ice President
II. M. Wiiltney, Jr. ...Treas. nnd Sec.
Geo. J. Rosa Auditor
AGENTS OF THE
Oceanic Steamship Co.
OF SAN FnA.NCISCO, CAL.
G. BREWER & GO, LTD.
Queen Street, Honolulu, T. H.
llnwiillan Agricultural Co, Ookala
Sugar Plant. Co, Onomcn Sugar Co.
Honomu Sugur Co , Walluku Sugai Co ,
Makee Sugar Co , Haleakala Uam h Co ,
Tho I'l.mtoix' Lino of Pun 1'iancisco,
Packet, Chas lleiwci & Co 's Line of
list of orncEns.
C. M. Cooke, President; Georgs
Robertson. Manaaer: n T Ttti,
Trcasuier and Secrotaryj Col. V. e!
Alien, Aimitor; r, tj. Jones, H, Wa
terhouse and Geo. R. Carter, Directors,
TneYonHafflm-YouBE Co. Llfl
QUEBN ST., - HONOLUU .
Tho Lancashlro Insurance Co.
Tho Palolsc Insurance Co.
Union Gas Engine Co.
Domestic Sewing Machine, Etc.
Slllisciibors to tli, TUTTT'FTTM
not receiving their pipers promptly
w ill confer n favor by notifying tht
Btuineb8 Officft; TiitpLine 2C6.