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title: 'Evening bulletin. (Honolulu [Oahu, Hawaii) 1895-1912, September 30, 1901, Page 4, Image 4',
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Cf ,K . ' '
EVENING nUI.LKTIN, HONOLULU, II. T., MONDAY SHI'I". 30. 1001.
Published Every Day Eicept 8unday,
t 210 King Street, Hcnot'ilu,
T. II., by the
BULLETIN PUBLISHING CO., LTD.
WALLACE R. FARRINOTON... Editor
Entered at the Fnt Office at Hono
lulu ca second-class natter.
Per month, anywhere In l S....I .75
Per year, anywhere In U. S.... 8.00
Per year, postpaid, foreign 13.00
Payable Invariably In advance.
by "the conspirators was when Judge
Humphreys sentenced the Immortal
Hurtwcll with Kinney and llallou to
thirty dnyg In Jail for ottering nn In
sulting alllclavlt In the Smith pcrjuiy
case. It was on this that the ronsplrn
lots bused their hope; the horror of
Judge Humphreys presumption to call
Itartwcll to account has been depicted
In nil Its phases by the gang and their
Hut what does Knox say?
"They submitted an nttlduvit which
rontalncd INSULTINtl LANdUAtlE.
which was WHOLLY UNNECESSARY
and PLAINLY IN CONTEMPT OP
Dock Hart well or Kinney or llalloii
Mud nothing in this conclusion of the
Attorney General that soothes the ragfl
Iti the lciotts breast? Wns the Ira
mortal llartwell more thoroughly
shaken up when he bad three horses
shot from tinder him? To the averagu
citizen it would appear that these law
)cts had all their underpinning ruth
lessly pulled from umicr them, and
tho Executive department falls 'with
thi'tn when Mr. Knox adds with calm
Those Boers appear In grow fat and tul M""S cTect, "Hut the senlenco
Increase upon Kitchener- proclamn- wnB m'u'r carried Into etTect. hs flio
tlons. In fact the student of perpetual Omcinor of Hawaii pardoned the three
motion can do no better than study the memoeis or ino liar on tne same nay."
Iloer war for points. i Knox was not called upon to express
-- I an opinion on the propriety of the Gov.
... ... ' pmnrR net In ili.fnnllnir Itio nriloi nf ft
None of the water rlgnl prlMlcgcs " - ,, dock If a few nrlMnnn n i,.r.....i
.. , i . ,i. i.. ..i ....... ,nn, ...iii I col rt, but he takes good cure to call ' " " " '"' prisoners are turncM;
Kratitcd by the local government will ... ... ..... .. .. .. n, nni, i.n X. ...... i ... I
'inn I'reHii eru k iim-iiiiiiii in inn inn-
Post Office Dox 718
.SEPT. 30, 11)01,
Who nre the lommon people of the
United States? Hawaii is the only
place within the confines of the Nation
where tills distinguishing term Is used.
tee's decision is in accord with tha
majority opinion of o United States
Supreme Court In the "Insular Cases."
Without knowing If appeals have been
(lied for a review of the matters by the
United States Court of Appeals, at San
Francisco, It is certain that Judge Es
tec and the Court of Appeals will
neither countenance nor nllnw appeals
by the Ste.tn.
The decision by Judge Estee Is a
most wholesome clarifying thunder
bolt in the murky atmosphere of crimi
nal Jurisprudence In these Islands. The
same decision by Judge Humphreys,
though minted from the perfect die
of legal knowledge and legal reasoning
would have been branded partisan,
The same decision by Judge Ofar.'
(hough wrested from scores of volumes
of legal line and backed by tho deci
sions of the flrst courts of Amprlcn.
would bae been. In fact has already!
been branded, partisan. The declstou'
by Judge Estee can not io charged to
an thing else than Ills tindcrstandlrig
nf ttic law. I
Ills decision Is wholesome, hecnusn
It bilngs Hawaii back to a new starting
point In criminal ix-oeedurc. It bitngil
us back to n good Anglo Saxon nrlncl-'
pie. common wherever the Anglo Saxon
tules. Rudely expressed It Is the nrln.
clple that does not allow the stiongest
state on the earth to take any advan
tage over the crlmlnnl on trial In thfl
I... nnaun.f ... ! fllH t.Vfl.I.nl llflnpl
UU P.I"VU M'WI ., ...V I. ......... ..V'U.- T,.n,
incnts In Washington until Congress ,,,,,, , ,, ,
takes some action. Does the Dole fol- j , Hnalljr tho O an, Jury Impanelled
lowing note anything In this ruling .' "" ,"' ovcino churw
serving to establish I'edcinl tonfldence
In Its operations?
'of bribery against the Leglsiatuie Ij
i levlewed. The Srst complaint was th
appointment of an unfit bailiff. Tlili
. Iii tho incident where Affidavit Pear-
No .ampalgn Is ne.essary to scci.ro ,.,,.,, tilmnolf famous.
The Attorney Genernl gazes at Pear
son's work of art with a lontemptuouii
I smile and writes in his report, '"Thla
the removal of Governor Dole. The
only tiling that Washington depart
ment officers nre now discussing Is bow
long the administration can afford to cl . , , , . , , .
carry the incubus. Until Congress lomment "
meets nothing will be done towards-; A.llavit ivarson topples Into tha
inajrlng nny change In the executive . ,.,,, ,,.,., )f nilKiiflcniirc by h
mlmlnlstratlon of Hawaii. overpowering weight of self-conceit.
Then comes "Exhibit 639." Will the
A correspondent asks why tlm.uinelnl oncan klndlv announce this
llulletln gave such unusual prominence
to the Executive notice published on
Saturday. Simply becniii'e the Gover
nor through his chief clerk ordered
that the advertisement should be pub
lished only In the otlicia) organs. Tho
llulletln never hit nor never will allow
Its political differences with the Gov
ernor or the picayune price of a Hy Au
thority to interfere with the publl
latlou of any notice dealing with mat
exhibit's other name? He is an nfH
davit monger who says fifteen of this
Jury were political opponents of Dole.
I he Attorney General lets Affidavit
loose from Oahu Jail and a fsw crimes
go unpunished, the penalty Is upon
society for wandering nwnj finm the
Anglo Saxon's Ideal of fair play and t j
square deal, and must not be charged'
to Judge Estee's cnurnge and "Judicial I
If the life reconl of Judge M. M. Es
tee. a chronlclo of Intellectual nnd
moral rectitude, does not win for him
self and bis Judicial acts in Hawaii
Immunity from abuse by those who
wish different decisions, the commen
tary Is a sad disgrace to Island poll
WHAT HICHCOCK SAYS
OF WATER PRIVILEGES
(Continued from page I.)
erty usually imports nuthortty to do
Pearson and "Exhibit C39" down with1"..".1."1." "ct .r 8,'rl.c? l a "Hon
a dull thud nnd these are his words: V" .'" "Z ."n"",".r.w ,"01" Possessing
...ci i . , .mi . ., '""' '. in i in- ionu. i nc examines
There Is not a scintilla of testimony I jciven In section 181! of tho Hawaiian
to show that Judge Humphreys hadllnws, supra, show that this Is thy
nn thing to do with the selection of the I si iisii as used there. In tno Instnnco
grand Jury. There Is no law that re- under consideration tne prlvllego
illllleH n uranil tnrv If. tin lliliti.,! ho. I Sought is more thllll this. It WOU..I
ters of such nonpiirtls md public tween members of tho different poll- ""ViV"1!" n. Kran.t ".r n 'art ,lf ,l10
.haracteras the call for an observance I tit-icl parties, nnd to bold Inquiry In till J i ,U"Z i'iJ'I.w?,"'... "' , vnl,'nl,!
of a day of mourning for the late Pres- . pen,,, affiliations of Its member, $&. tZTtiotJZ
Ident of the United States. If the Gov
ernor sees fit to carry out n different
plan, It Is his business, not ours.
AN IIISTOPICAL RBBUKII.
seems to me unseemly and Improper.
The charge Is based so entirely upon
vague suspicion nnd unfair inntinedo
as to merit rebuke."
In other words Affidavit Pcai son's
I wonderful exposure pmves nothing. Is
The history of the United States docs of no account and "Exhibit 39" meilts
pot contain a single liuhknt in whlih lebuke.
the head of the Depaitment of Justice, Now tho thirty-seven say
took occasion to offer such a stinging doesn't know what lie Is talking uboutthcm that it is clearly lamented tlini
anthurlzo tho granting of such a prlv-
in-ni: i.nwg iiko tnis, winch oiierato
to Invest Individuals with special priv
ileges, uro to he strictly construed so
as to exclude from tho operation thoic
ot everything not rlcaif Indicated ut
Intended to bo Included.
There Is nothing In tne laws cl'iul
as stistnlnlni: the nmixislibm Miii.mit.
Knox ted which makes It possihlo to say .,;
rebuke as that given thirty-seven mem-, aud they will renew the charges. We,1 w,aH '"u,,,l,,1,l ' vest tlie oflleers
A " .
E -,,. bcrs of the Honolulu liar Association can but ndmlro the veeuperatlve. powt'" ,, " ,r, 0,..""'1 l"11"'' 'anus or lla
r7rf .by Attorney Ge al Knox l IU.. crs of a gang treated t0 such M-ottaln V, J55 ,,1,!'I,rt,,t' !?nSr,MoPV" 52
, ,, " lIumptireyH case. .lionise, sucn a KnocK-oui mow. iney wn Ulit. am, 1)PIll.nt j,,r ' ", , "
' "MV ' i'crusal of the Kimplete uport of , assert that they will blindly go to their nlnety-nliio years (In effect permanent.
ni Attorney General Knox shows that'tlulsli. No doubt Mr. Knox Is capabta y) a portion of tho nubile domain.
there was not n single Inildent or act uf finishing them.
In Humphreys' pi hate or public acta
to warrant the attack upon him and
through him upon a court of the Unit
ed States. The Attorney General seems
to liavo taken particular care to point
nut that the affidavit mongers of the
liar Association nre nothing moro or
less than slanderers. He Muds nothing
In Judge Humphreys' connection with
the Honolulu Republican to merit is
proach; ho finds nn ndequute proof
that Judge Humphreys takes a leadluj
part In tho bitter political conttover
slcs of tlie Territoiy. nor dues he sug
gest that Judge IIumplire)s acted un
wiselv In licensing certain native Ha.
vvallans to prartlie before dlstrltt
courts of the Islands.
Attorney Gcenrul Knox's critical re
marks are dtiected solely and without
exception to the lawyers leading and
following in the wake of the Thurston
tan conspiracy supported and upheld
by the executive department of tho
Dole administration. ,
Mr. Knox first deals with Lorrin An
drewalias "Exhibit 330." Andrews'
first appearance In this ensn Is an affi
davit dealing with the Gilf case In
which It Is practically sought to proves
that Humphrejs favored Editor GUI
because he was editor of the Honolulu
Republican. Mr. Knox says of this
affidavit and J lie men supporting It:
"It Is EXTRAORDINARY that mem
hers of the liar could prefer so grave a
rharge upon so INSUr'EICIENT
GROUNDS! Such charge seems to be
tray a RECKLESS DESIRE TO DE
'ORADB JUDGE HUMPHREYS, AND
REELECTS LITTLE CREDIT UPON
SUB8TITUTU8 FOR Tlie
New York Sun.
The old bcheme of Presidential suc
cession, which placed the Speaker of
tho House of Representatives next to "d "l" Issuance of land commission
The caro and control ot mo nubile
domain or the United States is lodged
in the Congress and the executive of.
fleers have only such powers in rela
tion thereto as au given them by inj
acts of that body. Tho act of April
3ti. ISOii, supra, declaring "that tho
laws of Hnwall relating to public
iuuub. mo sememem oi uounuarics,
the Vice President and then stopped,
was changed In the flrst session of tho
Eorty-uluth Congress. In 188B. Vice
President Roosevelt having now as
sumed tlie duties of President, the fol
lowing substitutes are provided, In
rase he, and eacli of them In Order, Is
Tim Settetaiy of Stato.
The Secretary of tha Treusury.
The Secretary of War.
The Attorney General.
TIih Postmaster General.
The Secretary of the Navy.
The Secretury of tho Interior.
In view of the constitutional provi
sion that only native born Americana
shall be eligible to the office of Presi
dent and Vice President, bectlon 2 of
tho act of ISSii limits its application to
"such officers as shall have been ap
pointed, by the advice and consent o'
the Senate, to the offices therein nam
ed and such as are eligible to the office
of President under the Constitution."
We give here n lint of tlie members of
the Cabinet, In accordance with the
law providing for their succession, to
gether with their places of birth:
Secretary Hay Indiana
Secretary Gago New York
Secretary Root New York
Attorney General Knox .Pennsylvania,
THOSE WHO HAVE GIVEN THEIR ' Postmaster Genernl Smlth.Connectlcut
KNIJOKSEMENT TO IT. The com
plainants' OWN PROOF" shows that,
although no legal grounds existed to
disqualify Judge Humphreys from con
sidering and deciding the case, yet be
cause the defendant was the editor
of the Honolulu Republican aud Judge
Humphreys had an Interest In the busi
ness corporation which owned tliM
newspaper, he expressed his willing
ness and his disinclination to hear the
case, and only heard It at the direct
suggestion and request of the attorney
for the prosecutor. Tho com
plainant wholly fails to show upon
what grounds the plea In abatement
was based, but whether the delay In the
decision was reasonable or unreason
,r, able, the suggestion that it wns due to
a desire to ravor tne ueienuant li
PURELY A MATTER OK INNUENDO.
UTTERLY WITHOUT ANY JUST1EI
)CATION IN EACT AND RECKLESS
, AND INTEMPERATE IN SPIRIT."
'u "Exhibit 330" served a c orlous nur
i. " noon In Hin enilrin of "crcinct pnvprn.
ment." Ho demonstrated to what depths
of degradation Thurston Is ready (o
lead his followers to accomplish a nn
, farlous end. "Exhibit 330" nlso'ap'
'pears In this report as a keyhole re
porter, a sneak and eavesdioppcr who
makes a statement of what he thinks
he overheard while spying upon Judge
Humphreys when In his private onus,
Then Knox deals witli tho contempt
rases and finds that Judge Humphreys
HCted fully within proper Judicial llnv
Its. The most famous of these cases
and the one dwelt upon most forcibly
Secretary Long Main
Secretary Hitchcock Manama,
Secretary Wilson Scotland
Tho Hon. James Wilson, therefore,
g'iod American as he Is. is the slngU
statesman not to bo counted on In can
the Cabinet Is culled upon to nirnlsh a
sin lessor to McKtnley
In bis decision", holding that prison
ers convicted during the transition pe
riod without presentment or Indict
ment by a grand Jury aud upon ver
dlits ot less thun twelve Jurors, wcru
lllegutly held uud tberefoio entitled to
their dlschnrgo upon a writ of habeas
corpus. Judge Estee of the Federal
Court has undoubtedly enunciated good
Amerlcau law. It Is uono the mon
good American linv than good English
law, for the best and put est principles
of Jurisprudence in America camo us
i heritage fiom the mother country,
Tho opinion of tho Court Is not hu-
foio us. Hut we venture to state that
when it arrives, It will bo found sim
ple, but profound; profound but not
labored. It will be the opinion of an
able Jurist who does not lay claim to
Infallibility hut who makes no mis
takes, at tne expense of tliu dignity aud
the majesty of the law. Without
knowing his lino of reasoning in reach
ing a conclusion as to when the Con
stitution of the United States extended
to Hawaii, It Is certain that Judge Es-
awards, except as changed by this
act, shall continue In fence until cou
Bless shall otherwise ptovide," did
not enlarge the pctvers or tho officers
charged with duties and powers In
connection wiiu tno piiinic lands or
confer upon such officers nuthuilty not
theretofore existing under tho laws
thus continued In force.
IhC assertion that tlie cranllm- of
this privilege would bo of great bene-
lit to tno uovernment and to tho p-o
plo of tho Territory would bo of I in
portanco If tlie question were as ta
the exercise of existing authority, but
It 1b not important hero where, tbvi
question is as to tho existence of any
authority In the premises.
a iiiruier examination or tins mat
ter having led to tho conclusion that
there Is no authority under th. law,
as it now stands, to grant the privi
lege asked for, the inquest that Mill
Department "authorlzo tho Governor
and the Land Commissioner of ma
Territory to execute the license In ac
cordance with the terms in which ap
plication for tho same has been inadn,"
must be nuil hereby Is denied.
v cry respectfully,
Department ot the Interior, Washing
ton, D. C, Sept. 12, 11101.
Tim Governor of Hawaii, Honolulu,
Sir: Iteferrliu: to tho decision uf
the Utb Instant, lu the matter of Mr.
haniuel Parkers application for a li
cense lor a period of nlnety-iilno years
to construct, maintain and opera to
ditches over the Government Jnnds In
the district ot Noith Kohala, flaw-nil.
jou aro Informed that Mr. Parker s
attorney hns tills day Hied u request
for reconsideration of said decision,
which will bo disposed of when he has
had opportunity to be heard thereun
der, very respectfully.
Acting Heel clary.
For Sale at a Sacrifice
LOT 59x150 planted with
fruit trees, 300 feet from
Wilder Avenue. : : : : :
J. M. VIVAS
POST OFI'ICE I.ANR.
Razors Honed and Set
Hawaiian Hotel Barber Shop.
FOR !tf CRNT6.
OF THE FAVORITE
i BRADLEY and HUBBARD
:L A M PS
For1 Bole by the ,
PACIFIC HARDWARE CO.,. Ltd.
Thf$e goods were ordered from advance
1 sheets of the catalovue of the above manu
facturers, and are the latest In design and
I Call early and make your selections.
In aJJItlon to the 10000 feet of Garden
Hose lately received, the "Emily F. Whit
ney" brought us 10,000 ft. mere, making
TWENTY THOUSAND FEET.
We have all graJes, and our prices are
lower than ever quoted In this market.
Pacific Hardware Co.,
w fffffvfiffffwifnfiffffiffimfifwffifffffiwffvwwfv w
Shipment of Good Young
Broken to harness, Just received via the
"OLYMPIC," for sale at the lowest ligures.
G.v SCHUMAN, LTD,
Mei'duint Street, between Fort 11 nil Aldkeii.
I'ii 11 1 R. IttcnbcrjV,
C. V. Merrick,
Docti your home need new
ClothettV Of courtte he does
nnd wnnttt them to fit too.
Thnt'H where weenn licliiyou.
OUR STOCK OF
Ih the most hctiiitliut mid com
plete in thlH city, mill the price
Ih mu re to suit.
We have biidiiy, Hurrey. tciini,
exprcHH wnfVon unit dump curt
liurneHH, colli! r, etc.
Complete line on exhibition ut
our Hulenroom, next door to
CHAS. F. HERRICK CARRIAGE CO., Ltd.
alti'r hinlni'HH Ih Just what vv rue.
In order to ninko tho public: of Ho
nolulu our frlcnclH In ImnlnoHH wo uio
KoInK to ttlvi- thorn a cnnnrii to xnvu
Our ftittru linn of VMl iiittirun of
Willi paper will In- Ktilil nt 'J l-!l per
W'ci must liuve iimni at otii'i' lor
our 11102 Htook whirl) Ih now 1111 tho
lierctnnlii 8t.. npxt to corner of Einmii,
'Phone Main 358. P. O. Box 83a.
Beer and Wine Dealer.
MF'G CO., Ltd.
1170 River Street. Bet. Berctiinln nnd Piiunhl.
Fine Carriages, Wagons and Trucks.
Repair Work a Specialty.
All orders promptly attended to.
Only competent help employed.
Rubber Tires put on in Satisfactory Manner.
Tel. Blue 541, P. O. Box 078.
Kukul St., Near Nuuanu.
ON DRAUGHT AND IN BOTTLE.
Gonsalves & Co.,
AND WINE AlERCHANTS.
12 Queen St.. Honolulu. H. 1
oppontte the R. R. depot.
ON DRAUOIIT AND IN DOTTLE.
Ryan & Dement
Also proprietor of the popular
The - Fountain
MINERAL AND SODA WORKS.
Ginger Beer, Birch Beer, Hire'. 'Root
Beer, Cream Soda, Wild Cherry, Or
ange, Raspberry, Strawberry, Sartapa
rllla, Vanilla Cream, Lemon, Ginger
Ale, Apple Cider, Pineapple, Peach
Champagne, Orange Champagne, Kol.i
Champagne, Pear Champagne, Cider
and Soda Coektalli.
Mineral Water. Carltbad, Con
gren, Llthla. German Mineral Water,
Seltxer, Vichy and Pure Distilled We
ter from the Barnitead 8111, Boston,
for family and medical use a specialty.
Brews and Aerated Water, 50c per
doz. Distilled Water in 3-gallon dem
ijohns, 10c per gallon and 50c charge
on demijohn until returned.
Architects, Contractors and Builder.
Edward R. Swain,
J. F. kitty
Hoffman & Riley
C. O. Bo ifc
Geo. V. Paw.
P. W. Ucanlslce.
P. O. Dox 778
Is ttU'iicllly mo' 'favor nmoiiK
IKMipio who apii,... u Koocl things,
ami Ik rapidly lict'omlui; the favorite
CARUONATLD HY THI:
Soda Water Works Co., Ltd.
Sole AKta. for tliu Territory of Hawaii.
beardsl.ee a paoe
ArchltectH and Butldera.
Office, Hoorr.s 2-1, Arlington Annex,
Honolulu, T. II.
Sketches and Correct Estimates fut
nlshcd on Short Notice.
OK ALL KINDS.
Dealers in Lumber and Coal.
Allen s Roblnoon,
Queen Street, lloiiblnlii.
Jobbing promptly uttended to.
M. R. BERTELMAN'S
18 - MOVED
Entrance on A ,
To rear of old stand
King street. Orders left at cither shop
ui unite ui jonn r.oiig store. King
street, -will receive prompt attention.
Office and Work. C01 1'nrt nnd Al
Telephone No 71 Main.
Renin Vntnr nt,. ilnllvi.rfxt fi-,wt tn
nil pints of the city. Inland orders go
All Orders Promptly IMIIcd.
Telephone a IP.
Lewis & Co.
Owing to the consolidation
of tre best Biscuit Co's In
Amer.ra. we can ofter to the
public the following choice
makes of biscuits :
Brewers Cecelian Tea
" French Wafers
' Original Bent's
Fall Line of
Give Us a Sample Order.
HENMY ST. GOAR.
Meinbcrn Stock and Itond
Edward Pollitz & Co.
AND DEALERS IN
Particular attention given to .pur
chase and sale of Hawaiian Sugar
Eastern and Foreign Stocks and
40U Ciiltfornln St.,
Sun Frunclttco. Col.
W. C. ACHI & CO
Brokers & Dealers
We will Buy or Bell Real Estate In
all parts ot the group.
We will Bell Properties on Reason
FFICE. 10 West King streh
To Let or Lease
A Fine House and Lot
on the makal side of Beretanla street
between Pllkol and Keaumoku 8t.
The house has several rooms and all
233 MERCHANT STREET.
A. C. LOVEKIN
STOCK AND BOND BROKER
REM ESTATE AND
FIN iMO.AL AGENT
But most people are not
worrying about It.
They Just buy om of "our
ilettk or celling funs and
keep cool. That's what you
should do. The cost Is very little
In compatison to the amount of
comfott you will get from them.
lrlccH-)bSK FANS, 610.00
CEILING " 40.00
' Alulieo Street. '
Telephone Mnln 3U0.
John R. Bergstrom,
Bergstrom Music Company
Telephone Sit I.
1 402 JUDD BUILDING
II 3U FORT ST.,
I Has tho Host Assortment ut
PACIFIC ISLAND CURIOS
tn the City.
FRFSII HOME-MADE POI ON TUBS
DAYS AND FRIDAYS.