Newspaper Page Text
-qp,-.
N
DoPt Get What You Want Advertise Fop It
Steamer Table.
An advertisement It some
thing like a mechanics tool.
You would not expect a
dull saw to do good
work. 8o a meaning
Inglets, unattract
ive advertisement
does Injustice to your
ability as a business man,
narrows your sphere of bus
iness, and Is unprofitable.
D. T. MALLET,
Evening Bulletin
USE THE EVENIINC3 BULLETIN WANT COLUMN
-""FTo"rrK 8. F.
Alameda Mar. 15
Mar. 20
liJAlaimda Mar. 19
ISr 'OAtflfc . ., Mar. 22
EnRsydney.
yMCana Apr. 9
Bfrar Sydney.
Miowera Mar. is
Vol. X. No. 2091.
HONOLULU, TERRITORY OP HAWAII, THURSDAY. MARCH 13 1902.
PitioB 0 Oi:nts.
S
IS
Judged Guilty of Contempt of Court
- :y- m' i ,yii 'rg?-BSSsiia5jifT m
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15 I N
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(i
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,-
4
"Dutch" Dave"EmpIoys
, a Man to Cut Lantana
at Waimea.
v
RESEMBLES DESERTER
AND THE DEAD MAN
Charles David Calls at Police Station
and TeUs the Little Be
Knows-The Harbor
Mystery.
Ml;!
The mytcry of the dead man found
In the harbor on Sunday still remains
unfathomed.
"Dutch" Dave, Whoso right name Is
Charles David, of Walmca, this Island,
tho man spoken of by Lewis & Turk,
tho shinning masters, as being the In
dividual Tor whom they engaged Arthur
llloomflcld, the 1'ctcr Ircdale deserter,
to go to work at David's place In the
country, called at tho pollco station
this morning and Informed Doputy
Sheriff Chllllngworth that ho had met
a. man. following tho description ot
Arthur Dloomfleld, In a clgnr store on
the corner of Fort and Hotel streets
three weeks ago .nd had engaged him
to go down to his place at Waimea
and cut lantana.
"Dutch" Davo declared that ho did
not know the man's name, but remem
bered that his appearance closely re
sembled the description given of Ar
thur Dloomfleld.
David said that ho did not know
whether the man was still working on
his placft or not.
The police aro Investigating the Ire-
dale deserter theory, propounded by
the Bulletin on .Monday last. Arthur
Hloomflold. for whom Lewis & Turk
secured n job with "Dutch" Dave, Is
being looked for at Walmca and Wnl-
alua, i
Dloomfleld may bo found, hut, In
the meanwhile, tho Iredale deserter
theory Is still unoxploded and 1b Con
sldered to bo very probably the cor
rect ono.
It was learned this morning, around
the Navy wharves, that a man follow
ing tho description of tho man found
dead In tho harbor near tho stern ot
tho transport Warren on Sunday, and
also resembling tho most authoritative
description of Arthur Dloomfleld, the
Iredale deserter, was frequenting tho
transport Wnrrcn and tho Navy collier
transport n urri'ii uuu uiu nuYj- vuiuci a
Alexander about two weeks ago, look-.1
Ing for work. Ho wnntcd to work his
way to Manila, but found no opportu
nity to do so aboard tho Warren. He
next tried to get a Job on the collier,
but fnllod.
Lewis & Turk say that Dloomfllold
hung around their office for three or
four days beforo ho wont down fo Wal
mca to work for "Dutch" Davo. Mr.
Lewis says he was a man of good
habits and retiring disposition, caring
but little for drink and being very gen
tlemanly In his habits.
A waterfrontcr who was present on
Brewer's wharf on Sunday when the
body of tho unknown was taken out of
the water, said this morning that the
light arm seemed to have been broken,
as It as In an attitude which seemed
to Indicate a break. Ho was impressed
with tho Idea that tho dead man was
an Englishman and a sailor, and that
there had been foul play. He asked
If the body had been Identified, aud
when told that tho remains had been
Interred expressed surprise, that the
body had not been kept for a couple
of days for Identification, as is dono In
Mainland cities.
Except for tho possibility that the
body found In tho harbor was that of
Arthur Bloomflcld, the mystery Is no
nearer being solved than when tho
gruesome remains were fished out ol
the harbor on Suuday by Moekano, a
native
Who was tho dead mant Was he
murdered or was his death tho result
of a fight or an accident? If murder
ed, who killed him? If there was a
fight, with whom did tho unknown
(Continued on page S.)
look
pleasant
please !
are words entirely superfluous,
when taking children's pictures
at our studio because wi have
every facility for Interesting
them and understand perfectly
how to secure, the best and most
characteristic baby pictures. . .
Come and see our sample dis
play. Rice & Perkins,
PHOTOGRAPHERS.
Oregon Block, cor. Hotel
and
Union St.
Entrance on Union.
.ntms-
'.
Attorneys In tho courtroom were:
Oeo. A. Davis and C. C. Bitting,' respec
tively for tho court and the citation;
W. O. Smith, F. M. Lewis and L. An
drews, for' tho respondent; i. L. Kail-
lukou, J. T. De Dolt, oeo. lions, II. A.
Blgelow, Frank E. Thompson, C. A
tang, J, M. Vivas, Enoch Johnson, W
L. Wilcox, E. 8. GUI, Assistant Attor
ney General E. A. Douthltt, Lyle A.
Dickey, F. SI. Brooks, W. W. Thaysr,
A. F .Judd, T. McCants Stewart, T. I.
Dillon, Deputy Attorney General J. W.
Cathcart, E. M. Watson, L. A. Thurs
ton (president Hawaiian Gazette Com
pany), W. T. Robinson, Chas. S. Dole,
J. Llghtfoot, C. F. Chllllngworth, E. U.
McCtanahan, Cecil Brown, J .Andrade.
Sitting accommodation und standing
space were crowded wlfli spectators,
among others noticed being Rev. Hi
ram Bingham, D. D Mons. Vlzavona
(French Consul), Representative C. II.
Dickey, J. F. Brown, Harry L. Evans,
Superintendent of Public Works Jaa.
II. Boyd, Treasurer W. II. Wrlgnt,
I'rlnce David Kawananakoj, John I'
Colbitrn, John A. McCandlcss, C. F,
Reynolds, N. W. Grlswoid, Dr. C. H.
Wood, L. II. Dee, W. M. Mlntmi, J. D.
Avery, together with grand and trial
Jurors.
Judges Humphreys, Gear and Robin
son entered and took their scats on
the Dench at 9: IS.
Walter O. Smith the respondent had
been In appearance from 9 o'clock, the
hour to which tho return had been ex
tended.
W. 0. Smith, when the case was call
ed, advanced and read a motion to dis
charge the 'writ In tho following terms:
Motion to Discharge.
In tho Circuit Courtlot the First Cir
cuit. Territory of Hawal. February
term, 1902. Territory of Hawaii vs.
William McCarthy. Re contempt ot
Walter G. Smith..
Kow comes WSIlcr Of Smith, the re
spondent In the abovo entitled con
tempt proceedings, and moves the
Court that tho rule to show cause why
the said respondent should not bo pun
Ished for contempt heroin, be discharg
ed, upon tho following grounds:
I. That the act complained ot In tho
motion upon which said rule, to show
catiso Is based. Is not, in law, a con-
, . , . , ....
tempt ' court fr which tho Court
has power to punish this respondent,
II. That this (Jourt cannot legally
punish as for contempt a publication ot
tho nature ot that herein complained
of, made In a newspaper and not donn
In the Immediate presence of the
Court.
II. That tho publication of a cartoon
or picture, such as that complained of,
done without knowledge by tho person
so publishing the samo that a cos
pending before tho Court would or
might be prejudiced thereby; or with
out knowledge that any such case was
pending, Is not a contempt of court an J
cannot ho punished as such.
IV. Under the statutes of the Ter
ritory of Hawaii, no publication out of
court In relation to the Court or to any
of Its members amounts to a contempt,
and the samo cannot be punished an
such.
WALTER O. SMITH.
Respondent.
Geo. A. Davis, as amicus curia for
the Court, ,sald he desired to put on
evidence.
Judge Gear said tho motion to dis
charge waB In the nature ot a demur
rer and would have to be disposed of
before any evidence was taken.
Judge Gear overruled- the motion to
discharge the writ.
W. O. Smith next read tho return of
respondent.
Return and Answtr.
Following Is the return and answer
ot respondent, as amended after befo
read:
Walter G. Smith, the respondent In
the above entitled contempt proceed
ings, for return and answer to tho cita
tion and order herein, and to purge the
contempt herein alleged, says;
I, That he Is the editor ot the news
paper called The Paclfc Commercial
Advertiser, printed and published In
Honolulu, In which was printed tho
cartoon or picture referred to In tho
motion herein.
II. That nt the tlmo said cartoon or
picture was published he did not know
that tho case of the Territory ot Ha.
wall versus William McCarthy, wherein
tho said McCarthy was charged with
assault In the first degree, as alleged In
said motion, was begun or was pending
before the said Circuit Court or any
other Court.
III. that he knew that tho saTd Mc
Carthy had been tried In said Circuit
Court upon a charge of mayhem, and
had been discharged by the Court some
days prior to the publication ot said
cartoon or plcturo, but did not know
nor had ho been Informed that another
charge on the samo state ot facts had
been entered against said McCarthy
and that the trial on said new chargo
had been begun or was pending.
IV. That said cartoontor picture re
lated solely t5 said case ot the Terri
tory of Hawaii vs. William McCarthy,
charged with mayhem, which had been
tried and determined, and was not pub-
DECISION OF THREE JUDGES
And Sentenced
lUlicd with Intent to prejudice thi Jury
or the public or anyone respecting the
merits of any en no pending Against baIi)
McCarthy, or to ptesent or obstruct the
administration of Justice, or to show
contempt of the Honorable. George D.
Gear, Judge of the Circuit Court, or of
said Court.
WALTER O. SMITH.
' Respondent.
The addition made by Attorney W. O.
Smith, with consent of flic court, bo
begins with the words, "or to show con
tempt,' In tho Inst paragraph.
Judge Humphreys called attention to
the fact that the respondent made no
denial of Intention to show disrespect
to Judge Gear, presiding nt the Mc
Carthy trial. Was that omission lu
tentlonal or was It Inadvertent?
Attorney Smith replied that It was
unintentional and later asked leave to1
amend the return so as to supply the months' Imprisonment or a fine of not
omission, which was granted. , Mr, more than two hundred dollars. Moro
Smith then said something by way of cases were quoted to prove tbo non
objection to Judge Humphreys' partlcl- clple that tho power to punish for con-
patlon In the hearing.
Judgo Gear stated that he had In- record. . length from a decision In the Omaha
vltcd lils colleagues to sit with htm. "This nasn criminal libel, an actual Bee case. Finally, the court's uiianl'
Judgo Humphreys warmly remarked lontcmpt," declared Mr. Davis coming mous opinion was declared, viz., that
that he was thero by right as n member down to the case at bar. The Sixth Walter G. Smith was guilty of con
of the court. As such ho desired to be Amendment to tho Constitution asstir- tempt.
treated with duo respect by counsel
He asked Mr. Smith to bear that In
mind and govern himself accordingly.
Mr. Smith, In a tenso manner, re-
piled that he meant no disrespect to picture spoke for Itself. He quoted W, 0. Smith briefly answered, repeat
the First Judge or any member of the from an Ohio decision, wherein the Ing substantially the pleas In argument
Court, and claimed tho right to be court held that whllo tho article In 'also preadlng that the respondent hail
treated with respect as an attorney of question was libelous, that was not tho purged himself of contempt by denying
tho Court in return, ground of the Information, but the ar- knowledge ot tho pending of the Mc-
Mr. Davis called Charles Notlcy, n tlcle was an nttempt to Interfere with Cartliy case at time ot publication.
Juror In the pending McCarthy trial, the administration of justice by the Judge Gear quoted law that for writ
Witness had seen -the cartoon in tho court. I ten or printed attacks on a court, da
courtroom while attending court. Ho They talk about the liberty of the n,a' of knowledge did not commute,
Identified two of the principal figures press being in peril, but when they Purgation. He said that the denial,
In tho cartoon as representing to lit strike nt moo sacred 'privilege the lib- however, had been considered by the
mind the defendant on trial In the art crty of the citizen they strike nt the Court ns extenuation. He then ten
of biting a woman.-' . rights' ot every man. Th'o'aitenipl to tenced Walter O. Smith to Imprison
Mr. Davis placed the Advertiser con- prejudice tho Jury nnd tho public ment for thirty days "without hard lu
lalnlng the cartoon In evidence. i against this man, McCarthy, was r. uor" am- conimlted him to the custody
Giovanni A.Xong gave similar cvl-, cowardly attack on his right. 'Beside, of the court bailiff,
dencc, when Mr. Davis thought that there was an evident Intention to pro- "
wait enoilch. .Tilde flenr rnnxldprprl. I ........ ivin.inM i .. Mfnj . ..... ......... I
however, that all of the Jurors might as1
well be called.. I
Wknn !, nAV ......... nna.AHA.t .I,1
,...... ... ucv juiui uuanc.iu lu.
preceding witnesses, Judgo Gear ask
ed him to Identify all tho characters In
the cartoon. In nnswer he said he
recognized Judge Gear. Tho previous
witnesses wero recalled and also Identi
fied the presiding Judgo.
Mr. Davis again said be thought this
was enough. To call mora of the jur
ors would only he piling up evidence.
All right, pile it up," said Judge
Gear."
A, I). Cooley, on being sworn, said
that after a struggle on the street with
the bailiff he had been placed on thn
Jury. Ho caused general merriment,
which Bailiff Ellis had to suppress, by
l-nf,..nn. nnn,la lh. thn onr.1,11..1
In the plcturo was tho likeness of ,
man. "The lower part Is like a man,l
but the upper part Is like a monk.y. I
Ho thought he could swenr that tho .
figure was not like a man. "That looks
llkn .l...lr nonr. hn I. lii...!.. ..omn.
thing," tho witness concluded
sixth or eighth juror, mildly objected
to leading questions. Judge Gear bus-
talned the objection, when Mr. Davis"
l,,,l Mo m.l ....nlM.ll.n
Joo Richards testified: "This pic
ture here represents Judgo Gear right
enough. I would not say that Is Mc
Carthy, but It Is a man biting a wo-
man s ear,
Judgo. Gear "Do you ejy
It Is a
good likeness ot met"
Witness "Yes, sir." (Laughter),
Different Juror's said the paper had'' consenting to these persistent at-
. w i ffifiVu nil tha IMI rrna nnnnlnlarf hv f tiM 1
reached them In tho courthouse. There
was no cross-examination for Vc re
spondent
Mr, Davis introduced the record of
tbo former trial and the indictment
in tho present trial ot McCarthy.
J, W. Jones, official stenographer,
tima fin 1 1 nit ti nlifA 4 tin f nnrt.! n Infirm
Gear's remarks In stating the law of. tend the Federarcourt. leavlng-Mr. lilt
.hn .. nf mnvhm whit i,. r.iirrt ting to make whatever reply might be
m t hl nntoK. lh tlmfl wn Imnrnv.
ed. It was hCre fltnt W. O. Smith ask'
ed and was granted leave to amend the
return by Inserting a disclaimer of dis
respect to Judge Gear.
Judgo Humphreys hero stated his
nnnn.o In onllln .ll.nllnn Ir. Ih
"' , "... '""", " , , ,
on, sslon In tho return. He had done
so because tho obvious Intent on of he
cartoon was to throw discredit on the
iM!!!!..?
Cu. " V : ".:r: J; ..',.:.,"'" .:
... men iiiuutiia uuu iirLiue ., ....
then on trial without reference to the
law or without reference to the .udge. I
Mr. Davis asked If ho had the right
to open the argument.
Judge Gear supposed so. If the re
spondent had no evidence to offer,
mi'liueiu.wi-r juiico, iiuiiuk rriuiiicu
to the stand could not find that he had
reported Judge Gear's ruling, though
he bad reported tho motion.
W. 0. Smith 'We have no evidence."
Mr. Davis Argues.
Geo. A. Davis, opening (he argument,
said this Court was created by Section
61 ot the Act of Congress providing a
Government for the Territory of Ha
waii. He submitted that by the Organ
ic Act this was a constitutional court,
which had nn Inherent power of pun
Ishlng for contempt. From 48 Ohio ho
quoted the coses of Mcyes vs. State,1
where It was held (ho Legislature did'
not create the State higher courts,
Many authorities wero cited In tho
Ohio case as forming nn unbroken
tine ot authority establishing the doc-
trine Hint the Legislature could not
destroy tho power of courts of record
to protect themselves from Insult or In
terference with their functions.
The Supreme Court of Hawaii In Ex
Parte Davis the subject being tho
speaker himself held that It wan un
necessary to comment on the right of
every court to protect ItBelf Any Cir
cuit Court of this Territory might uun-
fad for contempt by not more than two
tempt was Inherent In every court ot
ed a fair and Impartial trial to every Judge Gear then called the rcspon
accused person. "I have no Intention dent up and asked him It he had any
to make a spread-eagle speech" (laugh- j thing to say why sentence b'noiiid if at
ter), said Mr. Davis. That miserable bo pronounced.
,0 to prevent him from giving calm
conslderaton to the case on trial.
w n...,la -.... ., ),,. nrn..,l .llt
this publication was made right In this
courthouse. Eleven of tho Jurors testi
fied they had seen and read It thero.
,l
quoting again irom tne oiuo case lie. immediately upon tho decision of
fitted II to the ono nt bar. The Judg- tho Court. Editor Smith waB taken fo
ments of all Inferior courts wero sub-1 to the custody of Bailiff Ellis and re
ject to review. If Judge Gear had dono mnlncd In (flo court room until tho
wrong there was a proper way to placo ! following committment was issued,
him on trial before tfib President of thel Mittimus,
iinitn.f Qtfita uri.n i..,Aa. k...i I Whereas, tho said Walter G. Smith
,,.,. ,,,. ,' ,, ,.i,.,,
wi,. ...... .i, ... ,..
What was the purpose of tho attacking
press? These things he coud not un
derstand. Reverting again to his own case, Mr.
Davis sTd that Vwlllair. Owen Smith,
"'0 Ul'l"lO COlinSCI, WSS IH6 VCiy
was
came man who hod arrived to have him
Incarcerated for merely III fog a bill ot
f,xcePtlon8 that was considered a r-
"V01 n a Jl' Be'
, And " succeeded admirably." no
tlcclalmecl to Mr. 8mlth, causing a gen-
I nrnl Iniinti
t-IUI 111. I fc, ilt
Walter 0. Smith was tho only person
thf ?"ld lT?' b? nB the responsible
editor of tho Advertiser,
It was a pity
!hoV -l " at the men pulK,
ig
I 'e WI1CS UCI11HH UIU nCCUVS lO CUIlltll
"let
this disgraceful campaign agalnst'the
courts ns contsltuted.
He did not dcslro (o praise Judgo
Gear, yet would say that he had been
doing (he beBt he could, working hard
for the moderate salary ot )250 a
month. The speaker ccnsiueil the At
torney General's Department Tor tacit-
President. ProUably tho Advertiser
would say tomorrow that he was rant
ing, but Mr. Thurston, president of this
publishing company, who was an able
and learned lawyer, knew that ho was
right.
Mr. Davis was then excused to at-
necessary to opposite counsel.
Mr. Lewis Replies.
Mr. Lewfs, partner of W. O. Smith,
, replied on behalf of the tespondent.
His words wero well arranged and au
I thorltlcs well marshaled. There Is
1 ton It tins (ImA nn unniia tr avlAntl tlin
"' " "" -."" " -"v-. ""
notes of hi address. Its g st was that
h a
wl, d y -, . , h
,, , ' , ,..,., ......
court proceedings, and In another that
the courts cannot punish for construe
the contempts, with a definition that
constructive contempt means an act.P P II llirnA HIADPU (II
of disrespect committed outsldo tliulOi Oi AlAMlUA, lYlAnuH iJ
presence of the court.
Judgo Humphreys confessed to hav
ing been so much Impressed by tho en-
,.,... . ,, ? ,, , ,, ,,, ,.,
polnt flmrTi; nueBtIonpd nlm thoreon
after tho conclusion of his argument,
Mr. Bitting, fo reply to Mr. Lewis,
made an impressive argument to show
that this was not a constructive but an
actual contempt. He characterized fo
strong terms tho publication of Cue car
toon. Ab attorney for McCarthy fo the
for Thirty Days
pending trlol he contended It was a
most flagrant attempt to pervert Jus
tice. The cartoon was denounced as
blasphemous In representing Judge
Oca rln the attitude and using the ges
tures of a minister of God Almighty,
blessing aperson represented ns
criminal fiend.
The Judament.
Judge Gear ordered a recess of fif-
teen minutes and retire" with his col-
leagues,
Judge Humphreys, on the return of
the Court, delivered the opinion of tho
court. Apart' from the question as be
tween constructive and actual con
tempt, tho three Judges were unani
mous In finding that the sections of tho
law of 1888, providing It were still
valid, must be construed together. The
law was thus Been to refer to publica
tion of court proceedings. It had been
passed on account of the finding of a
former editor of the Advertiser (the
lato Robt, J. Crclghton) for publishing
a complaint Jn equity after It had
been duly filed. The Judge read at
UIDI-JC ftlDDIK
lllrlDLdO uUtll UtJ
I1II1VS - IIV Will JV
was duly cited and ordered to nnpcnr
I beforo tho sail court to answer to tho
said chargo of contempt which had
been duly filed ngatnst him, and upon
duo hearing by tho said Circuit Couf?
of the evidence and of counsel In sup
port of tho charge and for tho said
Walter a. Smith, tho said Circuit
Court found tho Ha Id Walter G. Smith
guilty of a contempt of this court, as
charged In tho affidavit and motion;
And, u herons, the said Walter G.
Smith was guilty ot a contempt ot this
court by publlstilng and printing a cer
,"., S:?L".'". ""I0".'. ."??.
defamatory statement accompanied by
a printer plcturo or cartoon, which
said statement and cartoon had espe
cial reference to the case of the Terri
tory of Hawaii vs. William McCnrthy
and to tho conduct and Judicial acts
of tho Judgo presiding on the trial of
Bald causo. which Bald lalsc. scandal
ous, malicious and defamatory state-
ment and printed plcturo or cartoon
1",C
court room in tuo court House in llono-
uun uuriiiK mi irim ui wie cause ui uiu
Territory of Hawaii vs. William M
Cartliy, which said publication was cal-
ciliated to prejudice and did prejudlco
mo minus or mo jury anu prevent a
fair and Impartial trial o, tho Issues
Involved In said case, and Is calculat
ed to obstruct and did obstruct Ilia
Circuit Court In tho administration of
justice and in Its duties fo tho trial of
said cause which was then nnd is now
pending and undetermined.
Now therefore It Is ordered and
adjudged by tho Circuit Court ot the
First Judicial Circuit or tho Territory
oi Hawaii, that tho Bald Walter G.
Smith, by reason ot the said acts, was
and is guilty ot a contempt of the said
Circuit Court, committed on the day
charged, to wit, on tho 12th day of
March, A. D. 1902;
It Is further ordered and adjudged
that tho said Walter fl. Smith be pun
ished for said contempt by imprison
ment In Oahu prison for the spaco of
thirty days;
And It Is fii'iher ordered that this
Judgment bo executed by Imprison
ment of tho said Waucr 0. Smith In
Oahu prison In tho Island of Oahu, In
'I
Next express steamer to
the Coast. Express closes
10 a. m. day of sailing.
Wells. Fargo & Co.
Express ;
TEL. MAIN 199.
Masonic Temple, with American
Messenger Service. '
the Territory of Hawaii, for tho space
ot thirty days, there to bo kept and de
tained hut without hard tabor, and the
High Sheriff of this Territory and the
keeper nt s4,'d prison aro hereby com-
manded and directed to rocolvd a"nd
detain tho said waiter o. smith in
JUKI 1.UOIUU HUU IU IttUOV BUIII Bl'll
tence to bo executed. j
Hereof fall not.
Witness the Honorable George D. '
Gear, Second Judge of tho Circuit '
Court of the First Judicial Circuit of '
the Territory of Hawaii, presiding, and
the seal of said court at Honolulu, Isl
nnd of Oahu, this 1:1th day of March, i
A. I). 1902. A. G. KAULUKOU.
Clerk of tho .rcult Court of the
First Judicial Circuit of tho Ter-
rltory of Hawaii
Ho was taken In charge by Hlcli
Sheriff Brown and held while his at
torneys perfected the petition for ha
linn. ........ ... l.l r... ,... I.. .!.
Sunremo Co rt B u""'"' "' "'"
It Is understood that, falling a writ
of habeas corpus. Smith will ask for
and bo granted a pardon by Governor
uoie.
Washington. March 4 Tho Com-
mission to revise nnd compile the lawslpnnl to tho matter. They stated that
of Porto Rico hag submitted Its report
to mo Attorney uencral. Tlio Com
mission consisted of Joseph F Daly of
New lorn, u 8. Rowo of Pennsylva
nia and Juan Hernandez fxjpez of Por
to Illco. The work undertaken wns
tho revision and compilation of prnc-ihe
tlcally all the old Spanish laws.
llac Commission, after an exhaust-
Ivo study ot tho Spanish system, pro-
ceeueu 10 maKo tne most necessary r.cr arrival at Han Francisco more ex
changes, such as tho reorganization of ' tciiMve repairs would be necessary.
tho Judicial system and tho system of
local government, the revision of tho
laws of marriage and divorce and wills
and a number of other Important
branches of tho elvll and criminal
laws. Tho most Important work of
tho commission was the revision of
tho organic act of Porto Rico, com
monly known as tho Foraker net. The
system of local government, as pro
posed by tho Commission. Includes a
county city nnd vlllago organization.
jjrieny stated, for local self-govern-
ment. the system leaves to the locnl'out using tho two defective furnaces.
authorities tho management of local
affairs, but prescribes a deflntto stan
dard of efficiency In the most Impor
tant services, such as sanitation, drain
age, water supply, street cleaning, etc.
If tho local governments fall to meet
these standards tho Insular govern
ment Is given sufficient power to meet
every emergency. The habeas corpus
act Is another of the lmnortaut
changes proposed by the Commission.
Tho subject of marriage and divorce
also Is fully treated, Tho Spanish civ -
II code does not rccognlzo divorce, at -
though a separation proceeding Is
provided for. This branch of tho law
has been brought Into close harmony
wan mo system prevailing in such
8tatoa as New York and Massachu
ctts.
At the expiration of the term fixed
by Congress for the presentation of
'.report the GoVern'or of Porto' Rico
appointed a code commission to con- sheets In question aro being repaired,
tlnuo tho work of tho first commls-1 tl.o two furnaces under these plates
slon. Tho membership of tho second, will not bo used during tho' voyage,
commission was tho samo as that ot Ihc effect of which will be that safety
the first, with tho exception ot tho sub-' la Insured at the sacrifice of somo
stltutlon of J. W. Kecdy ot Maryland ,srcd.
for Joseph F. Dally, tho latter being, Tho final repairing of the damago
unable to serve. The second commls-j will have to bo dono In San Francisco
fttnn tt Whffh llr T. C TTnwn b l.nt. llh.li Ihn tmnannp. rnnn V.al. n
man nai, utilized tho work of the first
"" revision o.
tho existing codes,
Tho District Court was a half-hour
Into in sitting this morning. Judgo
Wilcox had business In the upper
murm.
(l
A NEW HYGIENIC SHOE
FOR WOMEN
Havo you seen It? A neat Oxford
tli- made of tho softest kid, with elk
bldo sole and rubber heels; Just the
thing for house wear or for those who
ore on their feet a good deal. It Is
also, properly, a shoo for nurses. . . .
$2.50 BUYS A PAIR
If you wish n
ono that gives
pair.
Manufacturers Shoe Store
I05T FORT 8T.
Two of Transport's Furn
aces Are Out of
Order.
SAILING TIME IS NOW
SET FOR TDE MORNING
, Two Crown Sheets Had Fallen Down
and Needed Stiffening-More
Repairs at San
Franeieco.
According to a notice nested on tho
W"iya.1and.rJ?ncdJ,: ' the quartermas.
J""', J': "".T.. .' .
iu.i; uun iu,i luuiijiiuw lIlUriUUK HI
9 o'clock. Quartermaster Cannon ot
tho Warren stated this morning that
tho only trouble causing tho delay was
I "I"
mat two furnaces wore out of order.
Tfeso would probably be repaired by
trnlght. Cntton & Nelll wero doing
tho work. When asked whether thero
was any truth In the report that the
Honolulu Iron Works had refused to
lake the job, tho quartermaster said
that tho hollermaker from tho Iron
winks had been down to examlno tho
bellcrs and had refused to repair them.
He understood that this man wns very
Independent and only worked when ho
f.'!t like It. He probably did not fancy
tho Job and consequently the Honolulu
Iron Works did not accept.
Cntton & Nelll were seen with re
the trouble was that two crown Bheets
of tho boiler had fallen down. Their
men were now at work stiffening them
wllh braces and strongbacks and tho
job would probably be finished by to
night. Willie the repairs, which could
made hero would only be of a tern
porary nature, still the transport would
bo able to go to Manila and back to
San Francisco In perfect safety. On
The Honolulu Iron Works people re-
ply that they dlu not refuse to do work
on the hollers, as stated In today's Ad
vertiser, but that they weic called up
on to make an examination of the two
corrugated furnaces in question and
reported to tho transport officials that
no repairs could ho made to tho fur
naces that would permit of their be
ing put Into service, and did not de-
Biro to attempt what thoy knew would
be an Impossibility, and further ad
vised that the Warren go to sea with-
to which there would ue no objection
except to slightly reduce the speed
of tho vobsoI. In fact, a year and n
half ago the Warren made the run
from Manila via Honolulu under sim
ilar conditions with one furnace dis
abled. It Is understood from reliable,
sources that tho trouble lies In tho
crown BlieetB, which have been over-
I heated and by the expansion of the
metal, been pressed down. It Is prob-
' able that somo carelessness In letting
1 down wnter was the Immediate cause
of tho damage.
Tho wholo matter of renalrlnc tho
daniago Is not of as great Importance
; as tins been thought, as tho damage
, only puts two furnaces out of commls-
I slop, whllo there aro some ten others
which can bo us-'d without dancer.
It U also Understood that, notwltb-
.tiiTho f.rt th.t th." crown
that port and even thon It will bo
necessary to send East for new parts
of tho boiler.
Pedolln relieves and cures bunions
nnd Boft corns. Dr. W. R. Bogle, Ore
gon block.
v
neat - looking shoo and
Bolld comfort, try a
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