Newspaper Page Text
"JW ' 'K'WSJIPF" '?'lwri-yr,
jF'WW"' ' 'I JT
-fr i v. ""Wwvtt; - i w , ,,Wpi
"'""iimiiwi miynipji. inWimu 1 m
rvcniko nuujrriN, Honolulu, h. t., Saturday, vm s, 1002.
HOW ABOUT THE LAWN
Keeping up tlio appearance of ttm lawn Is an Important Item In
the woll regulated homo Tho use of a good lawn mower and of good
boso nro other Important Items Wo lino n new stocK of the famous
HOYAL and tho well Known II1NNSY1.VNIA lawn mowers perfectly
adjusted, sharpened and guaranteed l'rlces reasonable
. Garden Hose at $2.00 per length and upwards.
SEE DISPLAY IN OUR WINDOW.
E. O. Hall & Son, Ltd.
IS NOT DERELICT
(Continued from page 1 )
Regulation Not Definite.
The ankles of the Customs ltegula
tlons the sections of the Helni d Stat
utes, and the various it8 of Con
cress referred to In our repot t have
all been examined li me but In my ,,.,, .,,
,,IC,. ,!,. r. 1 ,,.,.. ..... ll... .Ilf. uiriiMi
l MlVf M tin J 1111 H 1J IIMPI )rm 1111 t(
fletiltj without t evolving It They
ileal with the obligations of ships and
(hip masters about to enter upon ot
to return fiom a veiynge com edcelly
a foreign voyage; thov
foreign character of the ojage, they
assume In otliei words the er mat
tpr whleli Is In dispute here In other
words, they establish regulations con
trulllug foreign mi) ages, but the) no
where define the phrase "foreign voy
oge " Here and theie, scattered lit
forced, the genefjil rule Is that the
statute Is to bo construed strictly, and
the language Is not to bo enlaigcd to
cover a ease standing upon similar
grounds, If the ordinary Interpreta
tion of the terms would not reach it
Now. the ordinary meaning, which wo
annex In commercial transactions, to
Krlav, rebruniy 7
Tug Uovn Carson 34 bouts from
Saturday, Teliruary 8
Stmr Keauhou Mosher, from Kauai
Stmr Waloleale, IMItz from Kauai
Stmr Noeatt, l'edeison, fiom llama
I' S A T Meade, Wlllson, 17 days
Stmr Klnau, l'leeman, from Hllo
and way ports.
Stmr l.cliun, Napala, from Maul.
Friday, February 7
Stmr Mlkahala Uregoiy, foi Koloa
Stmr James MaKee Tuliett, for Ha
namaulu and Nawlllwlll, i p. m.
S S Nippon Maru, (lieene. for San
Saturday. February 8.
Nor. bU l'rlnce Umls, Uhstcen, for
Am bKt Newsboy, Chlppcrflclil, for
Am bkt Andrew Welih, Diuw, for
Stmr Keauhou, Mosher, for Kllauea
at 4 p in.
From llanamaulu, per stmr, Keau
hou, February 8 V. .1. Kngland. J.
Schulomeistei, T V Si anion, Cop
tain J Irvine mid wire, II. Ilathke, 3
sailors and de k.
"The wotds 'masting trade.' as ills
tlngulshing this class of vesseds, seems
LATE FOR CLASSIFICATION.
For Want Column Sic I'uge six
TO LET omce In Iloston building,
next to Y V C A rooms, suitable)
for dressmaking parlors Apply
loom IOS Iloston building
TO LET Seven loom cottago at 777
Foit St, near Vineyard Knqulre at
Honolulu Hotel 20GC lw
A GREAT SALE OF
! ORIENTAL RUGS
MONEY TO LOAN Wo lme $120(1
to loan for thrie years at 9 per cent
Inteiest Security wanted is first
moitgage on lmpiocd residence
pioperty Address M., P O box
No COD Honolulu 20CC-3t
FOR SALE Cheap, furniture for sev
en room house In lots to suit pur
chaser, leaving city, no reasonable
offer refused Call third house from
Alnpnl on Klnau 2002 tf
the words a vessel humid on a foielgn to hate been selected because at that
vongo' Is that It refers to n oyage to time all the domestic eommorco of tho
some poit or place within the terrl I rountiy wns eltner Interior commeicc.
tor and Jurist etion of some foielgn or coastwise between ports upon the
Wo do nut restrict the l Atlantic or Pacific coasts, or upon Isl
meaning of the words to vovnges cur anils so near theicto and belonging to
rlcd on beyond the actual territorial the several States, as pioperly to con
limits of the United States In contra- stltute a part of the coast. Strictly
distinction to voyage on our Inland speaking Porto Hlco is not such nn
LOST A wallet with 10 shares of N
S (i. W stock In name ot F. J.
Pi terman, nnd other papers. Ilo
turn to Club Stnbles Reward.
"II J" tint...... .... ... ..,.. n m...n.lM .in. I ...l. I.I.K.I n. I. In .In. ..,,1, ultl.rllml a ,,(,..
luwtltlntfi tliu "UL,1B ''' " un.v luunuiiK lull IRUliuu ii-iuiim un n in 11111. .uij riumtvu w,,,l
pOSlUiail 1110 . u.iitmla ntnl Hlnra VV aliu1,l ' Itnltili-mla nf mll,.u llnm tbn m.ntf.flt
LOST On road around Diamond Head
brown leather purse marked "FO
and containing keys, etc Rowanl
If leturned to Ilullctln ofllce
A large Itnport-r has consigned to
us n Quantity of rich Oriental Rugs,
with Instructions to sell them at
In compliance we shall on Monday,
February 10th nnd during the week
following offer the people of Hono
lulu nn opportunity to purchase rare
nnd beautiful rugs at prices as low as
could be niureil by going to New
York Those familiar with flue rugs will
lecognlze the India, Cashmere, Fer
eghan, Kerman. GuendJIs, Kara.
bagh, Digli-Jtan. Kheva and Bokhara
ns high clans goods
The nlz3 are 15x10 129. 12x8, llx
8, 10x7 tOV fi Sx5, 7x1 6x3, 5x4,
There are also about 50 samples of
20x63 Itir-h American made Smyrna
and Moquette Rugs, which will bo
Included la the aale at eiy low prices.
INSPECTION CORDIALLY INVITED
WHITNEY & MARSH, LTD.
Intending passengers by the stenm
ei SONOMA." Icnvlnir Honolulu for
i .. .... ...
not mil n voyage from Iloston to New I pint on the Atlantic coast, but has 'j""1 """-',, .,... , ' nrc
Orleans n foreign voyage although a never belonged to the t'nlted States "roliy notified that tho above men
great petition of the voyage Is out oMnr any or the States composing tho Honed steamer will bo given quickest
the limits of tho United Stales In Union At tho same time, tinde with lI,0i"'1 ,Ic dispatch, and will not remain
such n case the terminus of the voy- that Island Is pioperly a part of the,nt ") l,ort lm)r' "" 8lx "onn ln
lip., u.ttlne tli, ili.u, tlntltin Mn tint ' itmiwiut I, hndn fif till. nnillltrv Khun 0i nigllt
othei liaiiil we sliciulil mil n vnvne-e the lieatv of annexation, and Is so ice Tlikets for the nbove sailing must
.;... -i .1.- .... ... ....... f'hei Jiiittd we s hou d tall n voyage the tieaty or annexation, and is so ice i, """ " "".""""; """ '""
T?, Wl VVJ. Vu r" I"t any one of the I est UgnUed by the Porto Itlcnn or n-raker - .-"rcliase, at t he onice o ,ho un
finds the phrase ' From a port on tliu
Atlantic to a port on the Pacific but
India Islands, ns for example to Cu
bi a fuielgu voyage, for the
I do not regard this phrase as ... any "" " V,"r.,h" '""?: . ' .,"JB. . ',. I ".'.. ,?' V."," " -
l,,,ur.n.nn n. tt.la I,.,., ,.,. , o.na ll(--lll lll.ll lllll' III IIH' ll'llllllll ()l 1111'. Oil- II 1-htllUllUllO
tlll.l llllltr .l lino Jllll, (II,,
Hon vtry much
from New York I
to Honolulu In the United Stales can
be regarded ns a passage fiom n port
an the Atlantic to a port on the Pa
cific in the sense In whlili tills
Il section 9 the Commissions 'lerslgncd not Inter than Monday. Feb-
ah n unriiim j imp i:nniuiiHsi(inni i"
Navlgatlou Is iniulred 'to mako "mr "" "p company win noi
ft a IK I11Q K'xiitixi'v to n.-n.i iMiKiUHi uiu-i vim-
rt I.,,,, I... , t oinia I' llfllll iiiui vine ill 111 .- ii-i iiiiuiwi uiv . gin II I c rJIIIUIIUUU .. . v ui-
s Jumtiiie I ciues- ,,,,, f()r tho lmrpogo(1 r lho cntrr I j,.,,,,, 0XIM.,Uent roi the nationalization i""'"' ' the steamer not to arrange
n h r.,i? i1',K.K? Pf'"' '" wltl1'" f'"-clK teirltory So of all vessels owned by tho Inhabitants f"' ", ""?.""' t0.1 :,1n"',u"r I' n''0 l"lt0
(- united stales can , . . , n,,,,,,..,.,, n ,. fnrni I n.i flir ., n.lnilsHlon or the samu n Agts Oceanic S b Co
bank nml coil fisheries as a foreign . nnd for the admission of the samu
voyage although In such a voyage . n- to all the benefits of the coasting trnde
Vessel sunn times may touih at a for of the Utilttd States, aud the coasting;
plnase Is employed In the
statutes Hut however that m i be,
I do not regnrd the refeiemts In vmir
report as throwing nnv light iiinn thf
n-al tiueHtioii Involved In tills mse I
have not examined Treasury Decision1!
l5t.H 17Si74 nnd 17Mi", for the teasoii
that they aie not accessible to me;
but In the view which I tube of thN
it... iu.! "-'K" I""t ihy? Ileeausu the ocean
ui isl i . . , , ,...,.n .,,,.. r ,,
is dei-nieil the common highway of all
nations, and loielgn to none It Is in
no Just sinse within nn toiclgn Juris
diction Tabcr ot nl vs I'nlted
States 21 Fed Cas page 13 I
In the opinion from which this ex
tiade In tw ecu Pol to Hlco and tliu
United States shall be regulated In ac
cordance with the piovlsloiis or law
applicable to such tiadu between any'
Itln ui-iint rnnntltlir iHmIiIMk of tbn . n
United States '
'Ily this Act It was evidently 111
A CHANCE FOR THOSE DESIRING
A GOOD HOMESTEAD.
Big Furniture Store
cc ipt Is tnKen Mr. Justice Story goes tended not only to nationalize.
FOR SALE At a leasonnble flguie
fiechold estate nt Walomnu, near
Wiilohlnu The propeity consists of
a substantially built and well furnish
allied bouse with n good water supply.
ii iiv in mill ii in. iiiiniivi ouii; ftin n ...-. ..u -. ,r .r ...,.....,.. - (
at length Into tho e.nstructlon ol vn I Porto ltlcau vessels as vessels of the n s" eartsheils servants quarters. II-
, ,,r,i, ,rl , ,n, t, rl,,,t "tatutes of cognate character United States and to admit them to j ''" "8 ")r 'V '" "" "K ' ";
case I do not consider It necessnij ti , . . .., . n. r ,,,.. ,n-Mfll, ,rn,t tie and 31.1 ncies of land, 147 acres of
III. .Ill, t-l.- ICHIIVH IIF II. J.'lll ll'IUIl, ""- .......... ... ...v.. .vmu...0 ..,,uv.
examine llmse Decisions
Coastwise or Foreign
It would seem to be obvious
and his reasoning Is so plain nnd ill I but to place Porto Hlco substantially
.1... icit as to be lircslstllile I might In I upon tho coast or the United States
' U1 '"ill ,1.l .,. ,,., ,nnd ,,,,,, tltlj milnlnn ntlll "Sflllu OtlPnL'Kll lit Irilllf. lmtWOOIl
every passage or ve.vnge Is a transit """:':" "i. "",... '''..." ....V."... i i .,?, Ti .i7.t ....
betvvxn two termini Speaking
American ships clearing fiom New
York, the terminus n quo of sue h
transit would be within the United
Slat"? while the terminus nil cim-n
theieof would be within the tenltory
and Jurisdiction of some foreign sov
ereign It was held, however u
United States vs Patten (27 Fed.
of Judge Stori nnd unon the nuthoiltv that Island and tliu continent, ns en
thereof uelWse you that the ship Helen gaged In the coasting trade '1 his was
inu view inkvu ly tliu executive inn
eers of the (!o eminent In Issuln nn
eninllment and llicnse to the Ponce
to be employ ed iu enriying on th
coasting trade Instead of treating her
ns n vessel engaged In foielgn trade
'That tliu words 'coasting trade' are
not intended to be strictly limited to
trade between ports In adjoining ills
tricts Is also evident from It S see
133S, wherein It Is enacted that "the
coasting traue between the tenltory
ceded to the United Stntcs by tho V.m
peror or Russia unu any other poitlou
Hi ewer was not engaged In n foielgn
voyage when uho sailed fiom New"
York to Honolulu.
Decisions Since Annextlon.
Rut the nuii'-xntlou of these Islands
to the United States has called forth
expressions of opinion Involving the
Cas, cafe No 101)07, page 4H0) that principle In couti overs), which nro
the term 'foreign trade Includes trade decisive of this ease. On May 3, li o
between the Atlantic nnd Pacific ports Imincellntel) upon tliu adoption ol tli -
of the United States," nud that the Oigauic Act of this Tenltory the llu
term coastwise trade" does not in ruea of Navigation or the Trensuij
iludi trade between the Atlantic nnd Department issued Its circular No 2 i.
Pdcltli Kirts of tho United States In entitled ns Treasuiy Decision 22201, of ,-, irjitcd states shall bo le-gu
thatense an American ship proceeded and found In 3 Trens Dec 403 ThU i Inted n nccend'anco with the provi
iu oauasi irom mo port oi r.ew ion. circular, as I read it makes tt peiiect ,i,lt, nt inw nnniienhie. tr. ,), t.,i..
un the Atlnntlc const to the port of ly manlfe-st tnnt 'trade between tho i.t Ween anv two ine-nt dlstrlc Is l'lie m
the land adjoins house nnd theie Is a
pilvilege to sicuie 101 ncrcs contlg
nous There Is on tho land fenced
pen tlons containing coITee, orange nnd
other fiuit trec-s In hearing. All the
lands nio alongside or near to the Onv
eminent mail Nearly nil the land has
substantial stone fences. With Jbe
nbove go all enttle horses and pigs,
wngnns, etc, etc For paitlculars up
ply to CHAS. MEINECKE,
Walohlnu, Kau, Hawaii.
While waiting for our new store In the Sachs' Ilulldtng to bo
completed we have moved temporarily into the FI8HER BLOCK, op
posite LOVE BUILDING, whore we are prepared to sell tho snme ex
cellent stiindanl of furniture as w- have- always made It a point to
Our temporary cpiarters ore pi, handsome aud n visit from you
will lit welcome
PORTER FURNITURE GO., LTD.
PIhIicp Block, op.
Love Old., Fort Ktrect.
Sail Francisco on tho Pacific coast. United States and Hawaii will be eai
but that Is not the only point of dlf jU-d on in icglstoicd or enrolled aud
ferentiatlon between tho Patten case lleensi-d. or licensed, vessels of th
and the case under consideration In United States only And the cliiulnr
the Patten case. Shopley Cluult distinctly differentiates buch voyages
Judge, was construing tho tenth sec- as that of the Helen Uiuwui from ' for
tlon of the Act of Juno 1 1S72 (17 elgn voyage's" when It provides that
Stnt 238). a statute which permitted "the n-gulntlons governing the eoast
the withdrawal rrom bond of ship- Ing trnde between the grout toasting
building mate-rials In certain cases. I districts In tliu United States are ap
The Court was not discussing "foreign pile able to the trade between the Isl
voyages" In the ordinary sense of that ands aforesaid and any other portion
phrase, but was limiting Itself Bpeclfl of the United States" This circular
cally to the languago of the particular .took effect on and nrter June 14, 19u0,
statute then before It. And since then and would seem to be wholly Inconslst
that statute Itself erected an nrbltra ent with the Idea that a voyage be
ry deflnlion of tho phrase "foreign tvveen tho mainland and these Islands
trade." making that phrase "Include, was a 'foreign voyage."
tho trade between tho Atlantic and i Hut this Is not nil This entile sub
Pacific ports of tho United States,' It Jeet matter was very fully and lejrn
does not seem that there was much edly discussed by the Dlstilet Court
else thnt tho Court could do except for the southern district of New
hold as It did I do not regard the . York on November Hi 100 The
Patten case ns controlling lieie same quc-stlon was made there with
Justice Story Quoted. reference to Poito Hlco. ns Is mnde)
No less a person that Mr Justice heio with ic-leie-nce to ibese Islands
Story has given nn exhaustive and .The learned ludgc- obseiu-cl
convincing definition of tho phrase
foreign voyage" and I take the liber
ty of quoting a brief cxtiaet lrom his
Where a penalty , or a prov Islon In
the nature ot a penalty is to he en
The distinction therefore between
foielgn voyages which inn lie made
only by icglsteilng the vessel, nml lue
coastwise trade In which vessels may
lie navigated nuclei license is vital If
tho voyages between Porto Itico and
New York whlili thei' vessels wei
making under license in accordanen
with the commissioner's decisions,
were foreign voynges, tho vessels and
their enrgoes w-eie liable to seizure
and forfeiture for sailing under license
Instead of being leglstered" Illgli-y
vs. Now York & H II S S Co, 105
Fed. Hep p. 79.
And the learned Judge held thnt tut
trudo between tho United States and
Porto Hlco was not "foreign trado" but
was merely "coastwlBo trado in which
vessels may lie navigated under II
tense." lllglej vs S S Co, 10.1 Fed
Insular Cases Decision.
The case In which this opinion was
rendered wns one of tho eelebrnted In
sular cases, nnd upon appeal the Judg
ment of the District Court was affirm
ed Iu atliimlng the Judgment it was
remarked by .nr Justice Iliown In de
llverlng the opinion of the Court ns fol
"Under the cnmmirtlal and nuvlga
tlon laws of thu United Stutes mer
(bunt vessels nro divisible into two
e lasses first vessels reglsteied pur
bimilt to II S see 413 These must
Ho Biiro and get tho genuine; don t be wholly owned commanded and ot
lie ore d by iltlens or the I'nlted Slntea
and nre alono entitled to cngago In
foreign Uncle nnd second, vesbels en
lolled and licensed for tho coasting
trado or fisheries (It. S sec. 1311)
These may not engage in foreign trnde
under penalty or forfeiture (Seo
4337) This class of vessels Is also
engaged In navigation upon tliu Great
Lakes nnd the interior waters of the
country, In otner words, they nro en
gaged In domestic instead of foreign
the result of using ROYAL MALT
This tonic bovcrngo Is without equal
as a strengthened It tones up tho
Drain and body nro both stimulated
and strengthened and tho debilitating
effects of this cllmnto aro overcome.
Vim, Vigor and Vitality follow In
tho wake of "ROYAL MALT EX
TRACT", that peerless tonic.
waste tinio or money on worthless I m
25c per bottle
$2.50 per dozen
Hobron Drug Go.,
great districts were, foi the mere ton
venlent regulation of thu toasting
trade divldde by the Act of Jlanh 2
ISlfl (3 Stat 402) as amended by
Act ot May 7, 1R22, 0 Stat. 084, H S
see 4318.) us tollows 'Tho first to
Include nil the collection cllstilcts on
the sen coast and navlgablo livers
between the eastein limits of tint
United States nnd the southern limits
of Georgia, the second to Include nil
the collection districts on the sea toast
and nnvlgable rivers between the
Hlver Perdldo nnd the itlo Giaiide.
and the thtid to Include nil tho eolleu
tlon districts on the sea coast and nnv
Igable rivers between the southern
limits of Georgia and lho HIvoi Per
dldo' A provision similar to that Cnr
tho admission of tho Terrltcny of
Alaska wbb also adopted In the Act to
provide a government for the Terrl
tnry of Hawaii (31 Stut 141 sec US)
v. bleb provides that all vessels cany
Ing Hawaiian ic-glsters on August 12,
lSy unci owned by citizens of the
United States or citizens or Hawaii,
'shall be entitled to be icglstoicd ns
American ve-sies . . and the
coasting trade between tho Islands
nforehild and any other portion of the
United States shall bo regulated In ac
ioi dance with the provisions of law
applicable to btich tiade between any
two great coasting districts.'
This use of the words 'coasting
trade' Indicates very dearly that tbn
words were Intended to Include the do
mestlc trade of the United States upon
othei than Intel lor watei " Huns vs.
New York & Porto Hlco S. S Co., In
sitlar Cases, pp 17.1 0
The Collector Overruled.
.1 have the honor, therefore, to nil
vise you that I respectfully dissent
from the opinion of your olllee thnt
the Helen Hri'wer nn American vohsol,
sailing from one American port to
another Ameilean port, wns bound on
a foreign voyage and udvlso you that
In my opinion It Is not proper that
any penalty should bo Imposed upon
the master of bald vessel
Very i i-spectfully,
f J DUNNE,
Assistant and Acting United States
At the Dinner Table
A Diluter for Wine
SHREVE & CO., San Francisco
To facilitate trado -with the Hawaiian Islands, will deliver
all goods purchased or order ed of them free of all charges
for transportation to llonolu lu or returning same to San
Francisco. Goods will be se nt on selection to those know
ing the firm, or who will fur nlsU satisfactory references In
Jewelers, Gold and Silver Manufacturers,
Market tt Post 6t., 8. P.
Illustrated CATALOGUE and prices furnished upon receipt
of request. Wo havo tho larg est manufactory of Jewelry
and Silverware west of Now York City, and are prepared to
furnish special designs.
STILL wines are made spark
ling when mixed with " " "
white rock water
They are In this way, given a
zest and life unequaled except
by the best champagne The
diner out or the gentleman who
must entertain much at his club,
will do well to note that the ta
ble will be supplied with this
water. It Is given a prominent
place on thu wiuu list of the.
most exclusive clubs In America,
and has been honoied by Presi
dential approval when served at
thu Inauguial Dall llancpiet In
Washington The palatu of epl
cures Is giatlfled to the utmost
by WHITE ROCK WATER.
Vv itll SUV
Alden Electric "Belt'
pensnry Is ginrinteed
nil I lie curative proper
ties of the espamlve belts now solJ by
loitnrs and druggists. It gives a very
IroiiR current of electricity and l; eally
regulated. Bnund to superseJe others. Can
ie had from the undersigned only; no
icents; no discount. Clrcularfree. Address
Merco Electric Co , 206 Post St.. S n
Punclsco. Sent free to Hawaii for $5.00
A TRIP TO C00NT0WN
n.id Company o bunny PoIIih
BEGINNING SATURDAY EVENING,
ItnsntiVED SUA r8, 75 cents
BOX OHPICE NOW OPEN
A mnnl) sport foi Manly JIcj.
Stilctly first class In every respect.
Slhorlnho do Jesus Castro has
brought suit foi divorce against JI V
Custio on the chaige of non-support
cruelty and the use of thientenlng lan
guage The plaintiff nverB further that
thu defendant receives a salary of $S5
a month at Oahu plantation, J. M Vi
vas for plaintiff.
Mrs. Ed. A. Williams
Honolulu SERVICE -
4 , OFFICE OPEN DAY AND NIGHT.
Undertaking e , , u
0 Fine caskets, shrouds and robes
n j of every description.
rdllUlS First-cltws embalmer from S. F.
1120 FORT STREET ladies in attendance.
BLACK FRONT. TEL MAIN 179.
Complete report of dlacunslon at the
Great Republican Mass Meeting
Municipal Gov't for Hawaii
nnd nil the latest news
The Mami IliillelurB Association I The Uaual Satuidaj evening e-ntei-
has di-cldcd to take the extin loomi talnmeut of the Murphy Club will take
place at S oelook this evening in the
Iu the i:ilte building adjoining tho
ones which It now holds The new
rooms are- very spacious and will ho
sunk lent tor the purposes of the Build
ers' Exchange Just recently foimeel by
means of the effoits of the Master
Read the Governor's views on the
situation to appear in the Sunday
hall cornet Ileretanla .end Nuunnu
Mrs. R D Meade has volunteered to
give a violin solo Mi Johnston will
give an exhlbltlou of ' Ilaton Swing
Ing and Mr I.unibeck will give a
Swedlnh song Theie will bo othei at
The Bulletin, 75 cents per month.
65 Queen St.
THIS SPACE RESERVED
JAS. F. MORGAN.
85 Queen St-