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Post Omco Box 718
MONDAY MAIICH 3, 1902.
Superintendent lloyd'i policy Is to go
forward Just as rapidly us the thirty
tents In the Territorial Treasury will
Kula, Maul's new school paper, says:
"The doctor has made several visits to
Kula lately hut no one has died.'' Is
this a Joke on the doctor?
Citizens calling themsehes Republi
cans have said they will not vote and
will not nllow their employes to vote
at a special election. Now how can the
employes be coerced In a free country.
The prosperity of Massachusetts Is
evidenced by the 1.593,810 depositors
In Its savings banks. It Is said there
Ie no place In the world of equal area
that can give such proof of general
Now Attorney General Dole has
started a war upon Judge Little of the
Fourth Circuit Court. Thus docs It
become more apparent that the Attor
ney General Is an agent of the fuctton
whose slogan Is "We don't want no
It Is to be hoped that the change In
the police administration of Kau will
accomplish the much desired peace in
that district. From all accounts from
the district It wilt also seem advisable
that a change be made at headquarters
The report comes from Kau that
SheriH Andrew ordered his deputy not
to prosecute a man for the theft of a
native canoe because the trial would
cost the government too much. To
what further forty Is the condition ot
the Treasury to lead the officials of
Congressman Wheeler' speech
voices a sentiment that will be heard
very generally In the country districts
of the States. The old Idea that Ilol
ally possesses no charm for the true
American Is as much In evidence in
many portions of the States as It was
a hundred years ago. This, however,
will not Interfere with Prince Henry's
good time. The only man who has
leason to wowy Is the Congressman
These alliances and tfio American
hole to Russia all point to the fact
that tho English speaking alliance In
beginning to realize that Russia has
gone far enough In the far East and
It is time to listen to the protests ot
Japan. When the llritlsh alliance with
Japan was made public there was a
general feeling that an underground
current was giving tho diplomats no
small amount of trouble. With the'
United States coming to the front thll
Impression Is strengthened. Our coun
try makes no nlllances but It seems
to be reaching tho same goal by a
somewhat different route.
The ratification of the treaty for tho
purchase of the Danish West India Isl
ands will give the antl-lmperlallsts an
other peg to hang their hats on. The
apparent ease, however, with which
the matter has been brought to a suc
cessful termination so far as the Unit
ed States is concerned gives no promise
that the American people are at all
alarmed by tho dangers said to threat
en them. The Danish West Indies have
for years been recognized as properly
within tho province of tho United
States to controf. It took a war, how
ever, and tho annexation of other Isl
ands before sufficient courage could be
mustered to fulfill this detail of mani
UOYCOTTING A JUDGE.
"An application was then made by
Mr. Wundenbeiv to each bank, capi
talist and firm of sugar factors In Ho
nolulu, and each In turn politely de
clined, Some gavo one leason and
porno gave another, but the real reason
In each case was that no business man
felt safe to have his money In the con
trol of Judge Humphreys." Thurs
If tilts statement properly repre
sents tho attitude of the capitalists of
this city, It Is proof not of Judge Hum
phreys lack of Integrity hut of the do
greo ot spiteful determination with
which certain Individuals of this Terri
tory struggle to maintain their princi
ple that might makes right. It Is tan
tamount to a statement to a court ot
Justice thut financial assistance will be
given a certain enterprise provided tho
court does as It is told: otherwise n
boycott will bo Instituted all along tho
line. It means a concerted effort lo
control the courts. It means that the
law expounded by n certain set of at
torneys must bo accepted as the law of
tho court, with no altenrnatlvo for tho
Judge but to do their bidding.
Tho Ilullctln cannot bcllevo that the
Thurston organ represents the honest
sentiment of the business community.
Statements made to this paper by
leading business men prove beyond
doubt that the Advertiser maliciously
misrepresents even known enemies of
No one doubts the Integrity or tho
ability of S. M. Damon, least of aH tho
Judge, or Judges of the First Circuit
Court. The action of the Judge In ap
pointing nnother to the receivership of
Kona plantation does not Impute cith
er dishonesty or lack of ability. The
reason for the action was plainly stat
ed, and except among those whose
chief aim Is to dcscredlt the court, the
point Is accepted as good law.
Now comes the newspaper of L. A.
Thurston, also the accepted organ ol
Governor Dole, both of whom have
been mixed up In bitter attacks upon
our courts, and says that the money to
carry the Kona Sugar Company
through Its dinicultles will not be ad-
xanced because Judge Humphreys In
terptets his duty In a manner some
what different from that desired by
certain financial Interests, and for this
reason the enterprise may be wrecked.
Or In other words certain business In
terests aro prepared to witness the
wreck f an enterprise In order that
tlify may thereby satisfy their desire to
wreck a court and n Judge.
The statement of the situation as
presented by Mr. Thurston's newspa
per merely shows against what odds
Justice has to strugglo In this Tcrrl-
'ory. and what methods are adopted
when a Judge refuses to allow himself
'o be putty In the hands of bitter
moulders. It Is due tho leading busi
ness men of this Territory and Mr. Da
mon In particular to state that the In
terpretation of the IConn situation as
presented by tho editorial policy of the
Advertiser Is wholly and maliciously
Judge Gear was In the right of It
when he reicntly denounced the prac
tice of breaking into houses and
searching the persons of the occupants
without the formality of n search war
rant. True, the Btolen property was In
the case referred to, found on the per
sons of thi l'orto Means searched, but
that does not Justify entering n house
without n search warrant, which. In
that particular Instance, could easily
have been obtained. If the Judges
would persistently refuse to ndmlf.
! such evidence, It would teach those
i who wish to prevent or detect crime on
the Islands, that there Is a wrong as
well as a right way to go about the
SHORT MUAHURC POPULIST.
St. Louis Globe-Democrat.
Gov. Dole of Hawaii, failed to meas
ure up to the common Populist stan
dard of a one-termer.
A LOOK AHEAD IN OUISI'OLITICfc,'
Saturday Evening l'ost. 1
Not since tho Civil War have all
branches of the National Government
been so fully under the control of ono
political party as they arc now under
that of the Republicans. Everything
Is In their hands. Congress, the most
changeable body, is thus classified In
the latest edition of the Congressional
Directory: Senate Republicans 54,
Democrats 30, all others G; House ot
Representatives Republicans 200,
Democrats 152, nil others 5. In each
branch tho few classified as "others"
act with the Democrats, but they are
not enough to affect the Republican
majorities. All the committees aro
heavily Republican nnd the minorities
of both bodies are practically helpless.
There will bo changes In the Senate,
but In nil human probability, taking
Into account deaths and various possi
bilities, the Senate will remain Repub
lican for at least five years to come.
In tho House It may be different.
There will be a Congressional election
next November, nnd If th eDemocrats
should present good Issues, or If there
should bo an Interruption to the pres
ent prosperity or If tho voters should
be seized with one of the whims which
are as familiar as they are unaccount
nhlc In politics, there may be a Demo
cratic landslide. Such a thing happen
ed a decade ago and It seems to come
every len or twelve years. Even In
that case, however, the Immediate rule
of the Republicans wouTd not be nf-
fected. In tho early days, when travel
ing was a matter ot weeks and some
times month, the date of the as
sembling of a new Congress was placed
far distant from the day of election.
Wo have clung to that nrrangement.
so that the Congress elected tho com
Ing full will not begin work until tho
first Monday In December, 1903, al
though Its official life will date from
March 4, 1903 .
Wo have, therefore, several years ot
assured Republican administration.
This, however, does not prevent the
raising of new questions upon which
political battles may be fought. The
present Congress has proceeded far
enough to descern a few of (ho battle
lines. Ono will bo on the growth ot
trusts and other vast combinations ot
wealth. Another will ho on tho ten
dency to acquire more territory a
tendency somewhat ambiguously called
Imperialism. Still nnother will ho on
tho tariff, nnd that in nil likelihood
Hill develop into the moat Important
of all. because tile Republicans have
virtually declared that there shall ho
no change In the Dlngley law. Tho
growth of the Government and the ne
cessary increase In Its expenditures
will supply borne very Imposing statis
tics for campaign use, and there will
he plenty of eloquence ono way and an
other on freedom for tho Filipinos.
Perhaps the greatest gratification In
our national politics Is tho fact that
cleaner methods aro used. The viru
lent personal abuse which was so dis
graceful only a few years ago has gone,
nover to return. Tho man who would
attempt to revive It would lose the re
spect of his own adherents. Thus we
uro getUng nwny from personalities
and nearer to tho Ideal discussion ot
politic and principles. Altogether wo
can look forward to our political con
tests with an nssuranco of Intcrst with
out the Btaln of slander.
Send the weekly edition of the Bul
letin to your friend. Only $1 a year.
E REPLIES TO
In Matter of Seizure of
DECIDED THAT THESE
MUST BE HANDED OVER
As Soon As Necessary Stamps Aie
Affixed By Claimant G. II. Brown
J. J. Dunne, Assistant United States
Attorney, has sent tho following com.
munlcntlon to Collector Stncknblo with
reicrenco to tho seizure of a lot of ono
Honolulu, H. T., March 3, 1902.
honorable E. it, Stackable, Colcctur
of the Port, Honolulu, Hawaii.
Sir: On February 10th last I bad
Inc honor to receive your No. 133, rein
tlvc to a certain demand madu upon
you by C. II. Hi own nnd L. T. Kenake
"for the release of 1000 Manila clpgrs,
alleged to have been purchased from
a passenger on the U. S. S. Solace,
held under temporary seizure for n
violation of Article 12, section 1024.
or the Revised Statutes",
Kenake' Cigars Seized.
Your No. 133 advised mo that "the
facts of tho case aro as foiiows: Mr.
L. T. Kenake on Saturday afternoon.
February 15th, came from on board the
solace and had 1000 cigars In his pos
session. Same were seized by Inspec.
tor A. E. Mitchell and turned over to
this office under temporary seizure for
a violation of the section above refer
red to. It now appears that both of
tho parties abovo named, C. II. Drown
ami L. T. Kenake are laying claim to
the same lot of cigars.
lour communication then offered
certain suggestions bearing more or
less upon the ense; but I did not feel
cnlled upon to icply to them for the
reason that. In my opinion, tho enso
could be disposed of upon different and
less complex grounds. I therefore nd
vised you, under date of February 22d,
"that in vlow of there. being two claim'
ants for tho merchandise, you would
not be Justified under any circum
stance In delivering the property to
either. When they shall have deter
mined their respective rights, tho re
maining questions mny bo considered.'
'i .icreafter, as appears from your No.
0142, all rights have, by assignment,
become vested In tho claimant C. II.
Drown; and this gentleman, both upon
his own account and as assignee, now
demands tho release of the cigars up
on payment of the Internal revenue
First Impression Discarded.
I am perfectly frank to confess that,
nt first blush, I was somewhat favor
ably impressed with your view of this
case; but subsequent nnd moro critical
investigation has compelled me to dis
card my first Impression. You ek"
lo Justify this seizure upon tho
ground that tho facts develop a viola
tion of the twelfth rtlcle of section
1024 U. S. II. S.; but. In my opinion,
this nrtlclc Is Irrelevant to tho Issue
From tho circumstances, Inter alia,
that you describe these cigars as "Ma
nila cigars." and that you refer mo to
T. D. 23389. I gather that tho merchan
dise In question was brought from the
Philippine Islands: nnd from your com
munications, which nre my only source
or knowledge, ami which do not con
tradict the assertions of the claimant,
I gather thnt the person from whom, at
this port, (ho cigars wcro obtained,
wns a "passenger" and thero Is no
evidence to show that ho was a "per
son connected with tho Nnvy." But
theso facts, In my opinion, tako this
caso quite out ot article 12, section
1024. V. S. R. 8. The reasons aro ob
vious: 1. Tho facts do not establish
nny "Importation"; 2. They do not es
tablish any "Importation" by nny "per
son connected with tho Navy"; nnd 3.
Ihey do not establish any "Importa
tion" by any person connected with the
Nnvy of "any article which Is II.iJjIo
to tho payment of duty."
You advise me that the Solace "is a
Navy vessel of tho United States nnd
not an Army transport, nnd article 12
of section 1G24 Revised Statutes pro
hibits tho Importation of merchandise
In Nnvy vessels . Not only, however.
Is there no "Importation" hero, but 1
am compelled to tako tho liberty of
saying thnt your reproduction of the
article and section Is not quite accur
ate. Section 1024, rtlcle 12, as already
hinted, prohibits nny "person connect
ed with the Navy" from Importing du
tiable goods In public vessels: cxm-cs-
slo unius excluslo nlterlus (compnro
T. D. 20383) ; and, as already suggest
ed, no evldenco Is apparent to mo that
tms "passenger was a "person con
nected with the Navy," I beg leave to
be permitted to observe, moreover that
I am not aware of any statute which
authorizes a Collector of Customs, to
punish Infractions of this article, o- to
punish such Infractions by seizure ot
non-dutlablo goods. In my nplinon, us
at present advised, violations of this
article, limited as it is to "persons
connected with tho Navy," would bo
punishable, upon proper report there
of to tho Naval authorities, by tho
usual method of Naval desclpllne, to
wit, by court-martial; and It would
eeem that the Jurisdiction of tho ei.urt
martial Is exclusive, (In ro llognrt. 2
,Snwy. 390: In ro White. 9 Id., 49).
Navy Vessels and "Manifest.''
T. I). 23389. to which you direct ray
attention, would seem to Indlento that
no duty Is to be collected upon goods
coming Into the United State from
the Philippine Islands; nnd ns to
cigars, tho decision direct that they
aro to bo detained until the Internal
revenuo stamp shall hnvo been at
tached; and this tho present claimant.
proposes to do. I find nothing In this
decision, however, or In T. D. 30383, or
In Cust. Reg. 1899. Art. 571. which Im
peaches tho criticism Just offered con
cerning the nonnppllcnblllty of section
(Continued on page 8.)
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Every job the perfection of
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125 Merchant St.
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F.tO.Mox T99- Judd Building, Honolulu! T. K
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etween Merchant and Queen.
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137 MERCHANi 8TREET.
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r.rai.ll t.4. I. u U I, ..1,4 .1
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l 000,000. W. ulldl It. .WU..U ... B.kM.
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Wiiar 'mi nimiiuMiutiu.