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Vol. XL No. 192(5.
HONOLULU. TERRITORY OF HAWAII. MONDAY' AUGUST 20. 1901
PitiCE 5 Cents.
ACROBATIC COURT
SAYS GALBRAITH
ill III ttiflfflfi HE SHORT
DES TO (III
SO KAUAI WON'T.
v . " mm" w i"" i -. win in wwj.ii la
Wr . Wm
Vtiv .Mow Vopulnr C I
MiiliolulutliiMU Hull '
llnwr-- I t I t I
I V
.
I HIT IIK
I
ir
SOME SHIPPERS THREATEN
DIRECT SERVICE TO PORTS
Steamer Companies Will Raise Inter
Island Rates Reason for Do
ing so Are Well Understood
Vltliln a few weekt, a new schedule
of freight charges will be put In oper
ation by the I. I. S. N, Co. and Wilder
3. S. Co. While 'the rates have not
vet been completed. 'It Is well under
stood that they will bo higher than
heretofore, and shippers are preparing
accordingly.
' Tho matter of raising the ItelRhi
rates has been talked over with tho
largest shippers aud they have been
made to see the necessity foe the rake
If the steamboat companies whit to
continue in business and rnako any
money. At the present time, the com
panies are just about making both cida
meet and consider themselves lucky
to do that.
Th,ore wob some kicking amou sev
eral of the wholesalers on the rats? lu
rates, and they have threatened to sMp
direct to tho other Islands. Howovcr,
not much opposition on this sco-o vvao
met with, as It Is known to be expen
sive to do this, shipmasters as a rule
wanting more freight money where
they go to an outside port. From tba
numerous accidents that havo happen
ed to vessels at other Island ports, the
Insurance on cargoes Is higher.
Under the present condition of
things, with the United States law J
In .effect an J governing the shipping,
it Ir more expensive to run the steam
crb than heretofore. Tho wages o! to.'
clews have advanced very materially,
I;
nml with but few exceptions, the for
ruer cairylng capacity of the steamers several weeks yet,
has been greatly cut down, an example
of this being the steamer Mauna Lti.i.
Yhcre formerly tUls s'tamer carried
fiom twelve to thirteen thousand bags
of BUgar at a trip, now s.e may not
carry more than nine thousand bags.
This cuts her earning capacity uown
considerably on each trip.
The tariff on Newcastle coal' of fi
cents a ton, also cut3 quite a consider
able llguio in the operation of the
steamers, but the coal Is used ns It it
generally considered better steam coal
than the Amcrjcan product.
GROCERIES, PROVISIONS
AND FEED STUFFS SCRACE
Nearly Every Staple is Scarce and
Growing Scarcer Olympic's
Cargo Sold Prior to
Arrival.
From nil accounts. Honolulu Is golnj
to feel tho effects of tho strike In San
Francisco in a way whlcn will cause
It to bo remembered here. Provisions
and hay aud grain are running "ery
short and there seems no relief Im
mediately In sight.
A rant ass among the provision
bouses In tho city reveals tho fact that
there Is a woe nil lack of staples and
the supply on hand Is growing less
each day. It Is learned that thcro is
no barley, bran, oats, Hour or onions
on hand .... tho potntocs In the hands
of tho wholesalers have been sold.
There is little wheat anil corn. Can
ned meats nnd tomatoes are very
scarce, ihcre is no codfish and no
barrelled flsu or meat, tlams and lia
cons are not to bo had, and the amount
or refined sugar is last diminishing.
Tho bark Olympic, whlcn was sup
posed, to leave San Francisco on tho
17th Inst., Is fully laden with general
supplies, but almost hor entire load
has already been sold, and the pur
chasers are anxiously awaiting hor
arrival.
It Is learned from the San Francisco
Oulde that tho steamer Sonoma, din
here tomorrow, was. taking no freight
for this" city, as' shu has a full carg.
for the.Colonlcs. The arrival of a lar
shipment of goods, on this vessel was
confidently anticipated, and it is hope 1
that sho may bring, at lenst boiiio
things.
Some goods may be expected frm
the Soun In a little white, but not so
soon that they can be counted on for
i.
Decision was rendered this after-. them to be called 'legal proceedings.'
noon at 1 o'clock by the Supreme "The majority have decided that u
Court in the habeas corpus and Income member or this court Is not dlsriuall
tax cases. 'A majority opinion, con-1 fled but Instead of rendering the ilecl
currcd In bj Justices Frear and Perry slon lu the caici as argued and sub-
In ex parte Ah 01 aud In the cases ex mltted have proceeded to divide tho
parte O&ki Mauklchl-Uoto Huyzo, cases separating that of Ah 01, at
lhnr.-i tehlaorn and Ynmane Ncnchlro. whose triu! the Justice did out uretldc.
holds that a Justice- ot the Supreme nml rendered nn opinion In that case
Court Is not disqualified from sitting on tu be followed as a prtcedeut-In the
an appeal In a habeas corpus case for other cases and to be filed of course
the release ot a prisoner under a ten- on the samo day. When It is remem
teniR of Imprisonment previously pro- bsred that tho Identical question Is
nounccd by such justice when a Circuit , rulsed In the cases In which tho Justice
Judge Jn a criminal case. The provl- sat as Circuit Judge and passed Judg
slon In the Organic Act, "No judge i tnent ns the one lu which his associate
shall sit on appeal or new trial In any ! entered judgment does any good rel
ease, In which he may have ghen al son appear for this shtilllltig nnd separ-
previous Judgment," docs nut apply to nting the eaten? To wk this question
STOCK YARDS COMPANY
DIRECTORS MET TODAY
Stockholders to Come Together a
Fortnight Hence Provision'
is Made for Joe
Sylva.
such a cast:.
It to answer It.
As an acrobatic per
such proceedings might
Supreme Court from a Circuit Jude at, command my nclmlintion but ns the
Under our statutes appeal lies to the! fdrmance
GERARDY THURSDAY NIGHT.
Chambers In n habeas corpus case stddled net of an appellate court In
whether the order of the Circuit Judge casfs Involving life and liberty I am
bo for the release or remand of the compelled to enur on earnest protest
prisoner. against It." Galbralth docs not even
The majority opinion nlso holds that consider the quulllHatlon of Judges
during the "transition period" persons Perry to be a debatable question,
accused of crime could lawfuiiy be) In the appeal of Frank Pallia from
prosecuted without thq Intervention of Judge Gear's dismissal ot the writ of
a grand Jury and convicted uj nine i habeas corpus, the majority, Frear and
out of twelve Jurors. Perry, reverse tho lower court nnd re-
To these decisions Justice Galbralth , lease the prisoner. Justice Oalbralth
dissents In a lengthy opinion starting) dissents. The majority opinion holds
out with: "The proceedings In these that appeal lies, and thit committment
cases have been most extraordinary , for contempt In the disobedience or nn
and as It seems to me, wanting in soma order made without Jurisdiction Is
ot tho necessary elements to entitle void.
INCOME TAX VALID
SAYS SUPREME COURT
HAVE BAND VISIT
OVcrnor's Council Does Business
This Morning-Alexander
Asks Tantalus Road
Figures.
U
A meeting of the board of dlre-lors
the Stock Yards Co, was held In the
olllcee of Henry Waterhoueo & Co. ihLt
forenoon for the purpose of maklng'ar
rungements for tne future conduct of
the business or the company. At tlmt
time. It was decided that the oorpoM
tlon continue Its business In the city
until such time as there shall be a
meeting or the stockholdirs wIhh the
matter of rebuilding will bo deteimlned
on. This meeting w 111 take place a fart,
night lienco.
The Stock Yards Co. Is now nuklnf
arrangements by means of will, i If.ei
will be able to carry on the Lui'ik-.u lu
tho same old reliable way. Suitable
buildings will bo secured and every
thing will be In running order la n few
days.
Among other things at the mcetln;
was a decision on the part of the dl
rectors to have Toe Sylva. tho forcrmii
of the stables who fought so hrivcty
for the lives of the horees In the sta
bles on the morning of tho lire, n
homo with rent tree.. The cottage
which Is to lie picked out for Mr Sjlv.i
nnd his family will he furnished pro,'
erly nnd will be supplied with all the
necessities of life. This artlou on the
part of the directors fin unanimous,
showing the appreciation flic compnry
feels of tehe services of Sjlvn.
Treasurer Ward stated this morning
that, during Saturday nnd Sundaj.
three or four more stable horses were
brought In by the stables' s'arclieia.
Players Vote.
ROBERTSON 1,750
GORMAN ..... .... 1,663
THOMP80N
LESLIE
HERRICK
MOBSMAN
BABBITT
JOY
WILLIAMS .. ..
CrilLLINGWORTH
DAYTON
JACKSON
BOWcRS
BROWN
KAAI
QLEA30N
The Oerardy concert takes place on
Thursday next at the Opera House ths
virtuoso being expected In tho en
turn tomorrow.
The concort seems likely to prove a,ioUIS
social as well as an artistic event, the MARCALLINO
local for hundred having already SHELOON
made an Inroad Into tho tickets.
The eminent vlollncellist has Jutt
concluded a highly successful tour in
Australia and the heavy guarantee of
fored ,.by tho local management has
persuaded OerArdy to stay over a
steamer In Honolulu.
The opportunity of hearing so re
nowned an artist comes but seldom to
Honolulu and should, and doubllcst
will, bo taken every advantage of.
The prices have been rrrnnged fo
the suiting of all classes, a most com
rr.endablc and rare proceeding.
Tho program will be i varied one,
consisting of selections chosen with a
view of displaying equally the musical
capacity of tho 'cello and tne phenom
enal skill ot Gerardy.
1,288
BOO
436
415
3S3
352
306
223
209
131
151
151
150
43
34
18
17
15
14
8
0
A majority of the Supreme Court, with Section 21 of the Organic Act and
Justices Frear and Perry, holds tli In- other lawn of the United States.
enme tax law valid, making tho follow. 4.j The provisions of the Act In sj
lugs findings: farr n resulting in tho taxation on
Parts of a statute mny be luvnlld 'W f the United States Govern,
without rendering tho ttatutc Invalid m!;"t.laro '"consistent with the Con
ns a w hole. No opinion Is expressed aa 8t"lon aml ta M lte VnitvA
to the invalidity of certain clauses of 5 ho ,,,, of I0 Acl rca.
the Income tax law which are claimed vo , caBt,g of refuM, or neg,eU )()
to violate the constitutional guarantees ;mak0 rt.turns whereby mo Assessor
against sclf-lncrlmlnatlng. unreason- mny lawfully summon any officer of a
able searches and seizures, excessive i corporation or any person having pos-
Jlncs and cruel and unusual punish-! session or tho nooks or tho company
FIRST FIRE CLAIM PAID
19)1.
Thero was a foil a' tendance at the
meeting of the Oovemor's Council this
forenoon, heveral matters of minor
Importance enmo up for consideration,
tne most importmit of which was a
discussion ot the proposed trip ot tin;
hand to thn Island of Knual.
This subject was Introduced hy tho
reading of a letter Irom biicrift Coney
of Knual, In w'lch he stated that tho
expenses of the band on Kauai, ex
chulve of the steamer fan would ho
nhout tr.no. The Couuclle decided
that, rrom the showing the people o"
Kauai wcie not particularly nntloiis
to hnve the band visit them, and it
was decided that the proposed trio )
deferred until sueh time ns the pc-uplo
of the Garden Isle should want tho
band Imdly enough to reducn the ex
penses to a much lower figure than th'j
one submitted by the Slienlf of Kauai.
the matter of the application of W.
G. Scott tor n retail liquor license for
i'ain. Maul, In place or tne preso.it
light wlno and beer license which lie
holds, was referred to the High
....crlff lor a report.
The application of I). W Yiioon ror
a light wine nnd beer license lor Ha-
napepe, Knual, was granted.
A communication Irom Sheriff:
Andrews asiclng roi Iron bar grates
for the Jail at llllo instead of tho
present wooden doors was read. The
matter was allowed to houl over until
Biich time as Superintendent ot Public
WorkB Iloyd should visit llllo. Sherltf
Andrews Is very anxious to huve the
Iran doom In nrner to make It posalblo
for the officers on duty during the day
and night to see what is going on In
side, which Is Impossible under the
present clrcumntaiic'S.
Superintendent of Public Work
Iloyd nad a communication fron S. T.
Alexander regarding the proposed new
load to Tantalus, in it, Mr. Alexander
Honolulu, II. I.. Aug. 21th
Messrs. Gear, Lansing & Co.,
Agents Insurance Company of asked that the government survey th
For groceries ring up Dlue 911.
FEDERALCOURT ADJ0URN8.
The United States Federal Court con
vened this morning and set for hearing
Monday, September 9. the bankruptcy
matter of I.um Mnu Suck and tho -id-'mlralty
case of Pearson & Potter vs.
bark C. n. urynnt. Juclgo Ksteo made
an order for the salq of the effects ot
Win. I). Drown of Maine' who died at
sea. -Court then adjourned until Sep
tember 3. In the meantime Judge lis
ten will take a vacation at Walalua.
HAVE YOU SEEN THE
Trolley Cars
They are out for a trial every day or
two now, and In a few days will
run every 20 minutes to
College Hills
Have you seen the excavation on
Wilder avenue oopotlte Alexande--street?
The foundations are no
ready io bolt down the new high-lift
pumps to supply the water for College
hills.
BULLOCK
MOORE ,
GAY .,
CA8TLE
PERRY (JUDGE)
SANTOS
CUMMINGS
DUNCA
AYLETT
MAHUKA
CORREA .. ..
EN CHANG
PARIS
LUCAS ,
In addition to the coupons to bo cut
from the first pago of tho Uullctln,
new subscribers nre to be given re
ceipts with coupons attached, entitling
,thcm to votes as follows:
One month 40 votes
Three months 150 votes
Six months 350 votes
One year 750 votes
Weekly Edition, 1 year.. 100 votes
These coupons are detachable and
must bo torn from tho subscription re
ceipts nnd deposited In the ballot box
the same as the first page coupons. It
will bo seen that for IS. tho subscrip
tion price or the Evening Bulletin foi
one year, 750 votes are allowed to a
nev subscriber, whereas the same
nmount of money would buy only 1TO
votes it spent for single copies of tho
Uullctln on the street. The sum of 41
will buy eighty, votes It spent tor
eighty single copies of tho Uullellii
with the newsboys or at the business
office. This amount of money, 'It ex
changed for a receipt for a six months'
subscription to the Ilullntln, will se
cure 350 votes. One dollar for one
year's subscription to tho weekly edi
tion entitles the subscnucr to 100
votes.
The nrizo ottdred by tho Uullctln Is
on exhibition In tho window -of II. !'.
Wlchman. 517 Fort street, and wll. be
ptesented to tho player receiving tho
greatest tuimner of votes at the close
of the contest'Oct. 15.
Two weeks will give residents In
College Hills Transportation and Water.
Give the Sales Agents a chance to
snow you the property.
McClellan, Pond & Co.
or Castle & Lansdale
ADJOURNS KINEDia
At 10 o'clock this morning, Chief
Justice Frenr convened the Supremo
Court and at once adjourned tho spe
cial session sine die, Several specta
tors wero In tho room thinking perhaps
tho decision In the habeas corpus and
Incomo tax cases would be announced
from the bench. In this they wcro dlsj
appointed as the Chief Justice merely
Indicated thr, during the clay the de
cisions would be placed on fllo.
The Amorlcan bark Fooling Bury
Captain Wlllott, 121 days from No
York nrrlved this morning. She made,
a good passage and brings it full car
go of general merchandise to C. Drew
er & Co.
ments. Inasmuch as no uctlon has been
taken under those clauses, nnd thy
would not, If Invalid, affect the re
mainder of the statute.
It the Territorial Legislature cannot
tax tho Interest rrom United States
bonds and the salaries of the Judges
of the Supreme and Circuit Courts cf
the Territory, still the Income tax law
would not bo Invalid as a whole though
general on terms and not expressly
excepting such interest and salnrles.
A law may In case bo Invalid pr im
pliedly Inapplicable to somo of the ob
jects within Its letter ljithout bolng
void as n whole. The Invalid part, to
avoid affecting the remainder of the
law, need not be In n 'separate clause.
The Legislature may classify lao
objects of taxation, provided the class!
flcatlon Is not merely arbitrary.
Die Legislature may place Individu
als In one class and corporations In an
other class, exempting the Incomes !
tho former up to one thousand dollars
In llou ot a deduction lor pergonal and
lamlly expenses, and not allowing n
similar exomptlon 'to corporation,
they having no such cxucnt.es, a do
ductlon of other neeossary expense
being allowed In hum eases.
An exemption ot Incomes to tho
amount oi one thousand dollars Is not
Invalid on the ground that it Is ex
cessive. Such exemption Is v.ili.l.
though allowed only lor the aggregate
Incomo ot an uioinbers or n family
com posed of one or botn parents an I
one or moro minor children, or tun'
band and wife; and for each ward ec
copt where two or mpre -yrardi nr.
comprised in one inmiiy, lit wnicn case
tho aggiegate deduction Vhall not 3X'
cccd one thouinnd dollftra.
In estimating thn Incomo from salej
of personul property a tax paver may
lawfully bo permitted to omit products
produced nnd consumed by himael'
and not sold.
The Legislature may lawfully pir
foreign Insurance companies In a cla"
by themselves and tax them one pi
cent of their grim Income, and other
persons ami corporations two per cent
nn their net Income and one per cent
nn their property.
In his dissenting opinion, Justice
Galbralth re I lea on the fnlbiwlng
points to establish the , unconstitu
tionality or tho Act:
1. The provisions allowing only one
deduqtlon of ono thousand dollais
from the aggregate anulinl ' Jiironio
from all members of one family topi
posed of one or both parents and ono
or moro minor children husband and
wi ., two In tho tntci of a guardian, of
two or moro minors lu ono family is
Inconsistent with the fourteenth or
llllth amendments or tho Constitution
of tho United btatea,
2. Thn provision exempting In
comes priler one thousand dollars 13
Inconsistent with the lourleenth or
llfth amendment or the Coiistltittlo-i
or tho United utnles
3, 'I ho provisions ol tho Art In so
far ns resulting In taxation or tlm sal
aiies of the Chlof Jiistleo and Associ
ate Justices or tho Supremo Court nnd
Judges of tho Circuit CoiirlK or tho
Terrltoiy ot Hawaii are Inconsistent
to produce tho same and to give test!
mony under oath respecting any It
come liablo to tax and to aud 200 per
cent to the amount or, tho tax In case
of rauddlent returns Is inconsistent
with the fourth, mth or sixth amend
ments of the Constitution or tho Uni
ted States.
!. Said Act arbitrarily, unreason
ably and unlawfully exempts persons
and property from taxation.
7. Said Act Is uncbustltutlonal as
resulting In duplicate taxation lor tlw
renvoi! that tho Incomo, gains and
piofltB derived rrom all real and po'r
f.or.nl property Hltuato In said Tern
tory Is taxed pursuant to Sections 17
and C'j ot ..ct 51 or the rieshlon Laws
oi lstin, herelororo passed and now-
standing unrepealed.
S. That tho whole Act is iinrnustl
tutlonal. Invalid, Inoperative and void
by reason or tho Invn.. iy or tne many
piovlslons theieot Inasmuch as It
would result In a subversion or thj
legislative intent to enforeo only tro
remaining provisions or said Act,
9. 'I hat Bald Act Is othcrwlBO un
constitutional, null nn void.
10. That said Incomo Tax Law I
based on no rule or unUormlty, nor '
It based on a rule of apportionment,
such as the Constitution requires; oi
taxes Imposed by Congress upon the
States ot tho United Stntes, and Is
therefore Inconsistent with tho Con
stitution of tho United Stntcs as well
as with tlio Organic Act giving thj
Consttliitlnn tho same forco and er
red as elsewhere In the Unltd
States,
That said Income Tax law authorizes
taxation which Is not uniform nnd Is
not pmportiouatc taxation within the
Territory of Hawaii, nnd thcrcforo Is
Inconsistent with tho Constitution of
the United States.
The above points aro cited by Jus
tlco Galbralth In connection with the
Robertson case and a like Biimmary Is
made lu the Walmea Sugar Mill case,
the facts or which are similar to those
In the Robertson rase except tho alle
gation that the plaintiff la n corpora
tion and tho difference In tho amount
of the tax paid.
North America. City,
Gentlemen Wo wish to tako this
opportunity to thank 7ovi tyr tin'
prompt settlement which yuu hnvo
made In tho matter of our Insurance
Claim it our stock of inerchandlho
lately destrojed by lire.
vVo herewith enclose to you recol.it
rn acknowledgement of jour draft on
San 'Francisco tu our favor.
Again thanking you ror jour prompt
adjustment or the matter, wc wou'd
beg leave to advlsn you that yours Is
the first settlement among the many
other claims which wu have.
Very truly yours.
U. O. llAl.L & SON'. LTD..
i:. H. PARIS.
Secretary.
FREAR ISJISSENTER
In tho case of the Wallukii Sugar
Company vs. the Hawaiian Commer
cial and Sugar Co the Supicmu Court
this morning affirmed the Judgment or
the Circuit Court. The case was one In
equity and tor an Injunction to re
strain Hie respondent rrom digging a
tunnel under, through or across cer
tain laud at WiUluku, Maul, or which
tho complainant s alleged to be the
owner. In tho Circuit Court the In
junction asked for by the Walluku
Sugar Co, was denied.
Tho opinion is by Justice Perry, con
curred In hy Justice Galbralth. Chief
Justice l're.ir dissents.
laud over which it Is proposed to build
the road and also to give him an estl
Jjate of the cost of building th? sam
The Coundl recommended that this he
done.
Superintendent DoyJ presented a ro
port relating to the Kohala-Illo nil-
road. As this Is not jet ready for pub
lication, the Uullctln was unable to get
a copy of the contents of the report.
Commissioner or Public Lands Iloyd
read a communication from Superin
tendent of Public Instruction Atklnrou
asking that the land down the load
known ns Walalne bo set aside as A j'te
for the proposed Industrial school. Tho
request was granted.
w w
IK MM IIK
MOST PtOI'LE PATKONIZU THE
Merchants' Parcel Delivery
COMPANY
WHY DON'T YOU?
Call up BLUE 021 when you wish
to vnJ o'.yihliig down town, and lei.
o,u;H your de.ilrr tu send vour ecu cU
home by the . At. I n. Co.
Prompt delivery and....
rareful attention assured.
i:. O. Hall & Son have decided tu put
up n three Instead of a two-story build
ing. This announcement will meet
with the approval ot everybody In Ho
nolulii as the corner ot Fort nul King
Is one of the most prominent In towc.
The company will move Into the Pa
cific Cycle Company's store on the first
or next month. At that time, tho small
goods at the warehouse will b; moved
into tho store. Consignments will 1m
coming right along now bo that tliero
will bo no slackening up of the retail
trade. An Invoice of H000 worth of
goods nrrlved by the Meade from San
Francisco. Tho goods will bo here in
the Sonoma.
The Sock Yards Company has so
cured (he Automobile building, which
Is absc,tely fire proof, nnd will zh
read) for huslnesi In fortj'-elglit hours.
Tho Evening Uullctln, 75 cents per
month.
IS
Oleoyn T. Dlx nnd L. II. WatklnB.
twp pilvateB tiom tho Mcnde, wcro ar
rested pii, Jxliig strcot Saturday after
noon on thu charge or nssault and bat
tery cm u negro, William Finland by
inline. They pleaded not guilty In tho
Police Court this forenoon. Dix acted
us bin own attorney as well as that ot
WiilKlns.
Judgo Wilcox. In summing up Hie
case, stated Hint ho cud not believe tlu
soldiers had dono jinytnlug wrong
'llio eaptaln of thu company of whlrii
'ho two men aro members nnd another
nlllrer wcro present In tho touitrn.u.
during tho trial.
TheWorkingman's
Shoes
The workingman needs and must i
have wcll-nd.de choet. No other'klnd
will answer tit purpose. We have
special values In worklngmen's shoes
shoes no. to be found In every store.
These shoes are made well and upon
easy-fitting lasts, for comfort. PRICES
from 1.50 to $3.00.
Manufacturers Shoe Co.,
1057 l'o Ktreet.
Come and try a pair of our "Highland Call" $3.00.
'
i
-Ail .
m
-!bk.
&
Vc.
Mt'jasjjamMMUki
Ajl . iisiiteil'r .v-.
nTauhai . '
