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i" :. ..HBJfc-.f. -!-, y-t J . ' a Keeping First in the Estimation ot Readers ancf AWertisersTi &T1 "- I -j Steamer Table. THE vening Bulletin ; GREATEST GOOD 1. In advertising natur From S. F. Ventura Mar. 25 America Maru ..Mar, 28 .' For 8. F. ! Sierra Mar. 25 ,J Ilngkong Maru .. Mar. 29 ' From Sydney. '! Moana Apr. 9 w For Sydney. I,; l illy comes from the jl 'I newspaper reaching . j the greatest number J. it of readers In Hono J' U lulu that's THE;. ' n ll I I p t I m i '. Is what the Bulletin has been doing is doing u Aorangi April is (i t: -1 1 . .- Vol.. X. No. 2103. HONOLULU, TERRITORY OP HAWAII, MONDAY. MARCH 21 1902 1'niOK 5 Oektb. p,miipir i! 5! '. A i SAI IS I BE If TED Judge Estee Finds He is Not an American Citizen. FEDERAL SUPREME COURT AFFIRMED SIMILAR DECISION Chinese Shoes Tariff Case Remitted to General Appraises Quarantine Island Demurrer. Leong Sal, allaH Ah Sal. wns ro manded to tlio cuitody of tho Collec tor of Customs for deportation to Chi na, by a decision of Judge Estee this morning. Mention Is made, In tlia written opinion, of tho Inconsistency of the petitioner's testimony with his complaint relative to the jcar of his birth This self-contradiction Bulletin readers would hac obsercd In the re port of the hearing. Judge Estee disposed of two other matters before reading his opinion In the habeas corpus case. He ocrrulei the demurrer In the suit of McClellan vb Dr Cofer, Involving the tltlo to the quarantine site. Hamano's Chinese shoes took on an other walk. Mr. Kltch for appellant read a stipulation signed by counsel on both sides, sajlng that tho pre sence of an appraiser from New York was waived, that tcBtlfnon be tnken by the Doard of General Appraisers In New York Clt and that the case bo continued until tho return ot tcstl tnonly thus taken. Judge Esteo promptly confirmed the stipulation by n order of court. Judge Estee's opinion In the habeas corpus case Is given In full below. Kltch & Thompson were attorneys for petitioner, and U. S. District Attorney Robert W. Breckons represented Col lector Stackablo. Tho court says: IN THE UNITED STATES DISTJUCT COURT IN AND FOR THE D1S TUICT OF HAWAII. Oolnlon of the Court. This Is an application for n writ of habeas corpus died In this court on the 19th day of March, 1902, by one I.eong Sal, atlas Ah Sal. The petition alleges that tho peti tioner 13 a citizen ot the United States: that he was born In Manoa alley, Isl nnd of Oahu, Terrltorj of Hawaii, on the 21st day of October, 1882; that tho names of his parents are 1-cong Chun. Ills father, now deceased, and Wong See, his mother, now living In the Empire of China, that petitioner Is n resident of Honolulu. That ho left tin Tcrritorj of Hawaii on or about tho 22d day of July. 1901, sailing on tho steamer Nippon Maru from tho port ol Honolulu for China where he remained until the 31st day of December, 1901 when he left China and returned to the Territory of Hawaii, arriving nt tho port of Honolulu on tho steamship Chi na on or about the 19th day of Janu ary. 1902. The petition further alleges that he Is unlawfully restrained of his liberty by E R. Stackablc, Collector of Cus toms at Honolulu, by being detained l the U. S. Quarantine Station, and that the said E, K. Stackablo threatens to deport the petitioner from this country on the ground that ho Is not entitled to land under the laws of the United States. The petition alleging that the said Leong Sal, alias Ah Sal, was and Is a citizen of the United States, tho writ was Issued by the Judgo of this court made returnable on the 21st day of March, 1902, at the hour of 10 o'clock a m at wblch tlmo the salll E It Stackablo produced tho bod) of the petitioner In court and made a sworn return to the writ served upon him In which be denies that the petitioner Is n citizen of the United States or that he was born In the Islands, and admits Determination of Values KIPLING can wrlto a poem on n worthless sheet of paper and mako It worth $15,000. That's genius. CARNEGIE can wrlto a few words on a pleco of paper and mako It worth $500,000. That's capital. WE can print your photograph on a pleco of paper and mako it of priceless aluo to )ou That's Art. See our samples on display at the studio. Rice & Perkins, PHOTOQRAPHER8. Oregon Dlock, cor. Hotel and Uhlan St . Entrance on Union. tlmtjuy'nas tho petitioner In custody anTfalleges that ho detains him for tho reason that lie Is n person of Chi nese descent nnd that ho has refused to permit him to bo landed In accordance nlth the provisions of the law In such case made and provided, and that he Intends to deport him to China. Question of Citizenship. The single question (or this court to consider upon tho tacts In this case, Is whether tho petitioner was born in the Hawaiian Islands nnd subject to tho Jurisdiction thereof, and thus u citizen ot tho United States. (Sec. 1, Art. 17, Const. Hawaii, Civil Laws, 1897, p. 6, Section 4 of "An Act to provide a apt eminent for tho Terri tory of Hawaii;" United States vs. Ching Tal Sal, Chlng Tnl Sun, Aug. 13, 1901). The petitioner occupies tho afflrma the In this class of cases, and he must prove by a preponderance of the evi dence that lie was born In these Isl ands. (In ro Jew Wong Loy 91 Fed. 210) In re Louie You, 97 Fed. 580, Leo Sing Far vs. U 3, 94 Fed. 831; IT, S vs Chung Ho. Ill Fed 899 C. C. A.). While the petition alleges that the petitioner was born on the 21st da) of October 1SS2, In Manoa alliy, near Honolulu, Island of Oahu. In this Ter rltorj, the withers testified In his own behalf that he was born In November, 1882, that he went to China when ho (Continued on page 8 ) Suffering from remorse and shame, William Crew es, an American, aged between 40 and 45, committed suicide at his home, corner of Wilder and Plikol streets, some tlmo between 9 and 10 o'clock this morning. Crewcs, who has for years been a victim of drink, was arrested again Saturday night on tho same old charge. It was tho flrst time he had Indulged for many moons, the deceas ed having tried to rid himself ot the habit He was kept In a cell oer night and on S,unda morning, was released un dor ..io promlso thnt ho would bo In the Police Court at tho usual tlmo Monday morning Ho complained to tno police at the time that ho had had an encounter In tho cell with another prisoner on tho njght prevlons. and that ho bellcvod a caqpl ofr his ribs had been broken. v' I j no ueceascu reiurneo io nwjujnujnearg for gome guiding cry that never where he remained throughout jtheXline, was chief .Yeoman Arnkll. tho day. In tho ovonlng his wlfejSflcstl mablo lady, talked kindly with, him or. the subject ot drink and asked him to stop the dangerous habit both for her sake and that of their two children, who, on scvcrni occasions, had been taunted by somo of their mates, who proclaimed them tho children ot a drunkard. ' Crcwes told his wife ho knew that he hid been disgracing himself and bis lamlly and said that ho would tr not to repeat his offense Nothing mora was said and tho family rettrod (or the night Iletwecn 8 and 9 o'clock this morn Ing, when both -tho children had left (or school, Crcwes called his wife and kbado her go for a doctor, as ho was sure a couplo ot his ribs had been broken In an encounter with a follow prisoner Saturday night Tho wlfo startvd out Immediately, nnd, before returning home, went to tho police station to tell Deputy Sheriff Chilling worth that her husband could not ap pear In tho Police Court. It was at about 10 o'clock that Mrs Crewes reached her homo. She sought for her husband but could not find him Upon going to tho bathroom, she dls covered him cold In death, hanging by a small rope from a ratter. Doing very much frightened, Mrs. Crewcs summoned tho neighbors and the po lice station was communicated with. When Deputy Sheriff Chllllngwortli bad mado his Investigations the body was cut down nnd tnken to tho morgue where a Coroner's Jury viewed tho remains preparatory to tho Inquest et for tonight. Deceased must havo gone about Ills action very deliberately. The rope was fastened flrst o tho rnftor and then placed about tho neck. Tho sui cide then drew his feet up from the floor and held hem thero until ho had strangled to death No noto or any thing explaining tho deed was left be hind. Deceased leaves nothing to his wife and children. Ho was one of tno very best carpenters In tho city, com mandlng all the way from $6 to $H a day. He worked last for tho Lucas mothers on tho addition to D. P. 11. Isenberg's hnyso, Pcnsacola street. Deceased had been In tho country about twenty-two yoars A collision occurred last night at tho corner of Hotel and Nuuanu streets, caused by tho negllgenco and careless which Is said to havo bon ness of tho driver of a Unpld Transit car. It appears that a tramrar was making tho crossing whllo n Kapld Transit car was standing still at the corner Tho tramenr wns pnrtly over when tho motorman turned on tho cur rent and ran tho front part ot his car -ignlnst tho crossing tramcar Tho lat ter had tho roof broken nnd was other wise disabled so that it had to ho re turncu to tho stable Nenrly all of (ho windows of the Rapid Transit cat were broken and a passenger who was standing near tho tram driver waB thrown oft tho car. Otherwise, no one was hurt It Is strnnge, but one of tho passengers on tho tramcar was a per. son who got hurt In the former colli sion at tho same placo when the mo (ormau was nrrested for careless and heedless driving The Bulletin, 75 cents per month. I A Will Make Honolulu Her Base of Operation for Awhile. SHARKS BY THE SCORE BORN ON THE YESSEL Officers and Scientists, in the Fish Commission Steamer Will Go To Laysan A Mastcot Goat. "Very fresh winds from tho north west," savs tho log of tho United States Fish Commission steamer Al batross, which arrived 'from San Fran cisco this morning. Tho entry was made a few minutes before four bells In the morning of March 12, just twelve hours after the trim little ves sel left tho Golden Gate. Quartermas ter Bert Arnkll penned the words and they were tho last ho over wrote. After noting tho condition of tho weather In tho log, tho quartermaster went aft to read tho patent log It was 2 o'clock; four bells were struck as Arnkll passed aft. Tho next moment the cry of "Man overboard! rang out and In another Instant tho of fleer of tho deck had signalled tho en gineer to stop tho engine, the foresail was clewed up an dine Albatross was putting about to crulso over the spot where QuartormaBter llert AnMI had disappeared. However, nothing was ever again seen of tho unfortunato man. The sea was too rough to allow a boat to be lowered and although for five and a half hours the steamer hung hopefully about tho spot, the waiting and watch Ing of those aboard was all In vain. Among those who strained their eyes out into tho darkness, scanning tho angry waves for a sight of the quarter mRfttpr nnd Hstenlne with all their brother o( the Jost man, Yeoman Arnkll had been asleep In his bunk below when bis brother Ilcrt went overboard. It was all simple enough and sad enough. Tho quartermaster went aft to read the patent log; tho sea was heavy at tho time; the Albatross roll ed In a Jerky, treacherous manner, and llert Arnkll was thrown overboard. The Albatross was under steam and sail at tho tlmo of tho accident, run ' nlng under one boiler and tho foresail. At 7.30 o'clock in tho morning sho abandoned tho search for tho lost man and onco more headed on Tier courso It Is the duty of the quartermaster to throw out the life buoy In tho event ot a man falling overboard When tho cry or "Man overboard'" rang out, therefore, thoso on deck naturally sup posed that Quartermaster Arnkll was attending to the lifebuoy, llttlo dream ing that it was tho quartermaster him self who had plunged over tho tarlrall Into the sea. One ot tho firemen, who had come on deck for a breath of fresh air, saw tho man disappear over the rail and gave the alarm. He did not at the time know that It was tho quartermas ter who had gone overboard. No cry was heard from tho falling man. Ho disappeared suddenly over tho rail and was seen no moro. llert Arnkll wns 35 years of age and bad been aboard the Albatross over two years with his brother. He wan not married. Tho Albatross was sighted early this morning off Koko Head. Sho camo Into port under steam with her sails packed on tho yards, docking In tho slip with tho transport Hancock, lying alongside Navy wharf No 2. It was 9 30 o'clock when a gangway was put aboard Tho Tenth Infantry band aboard tho Hancock greeted tho Albatross as sho poked her pretty noso Into tho slip. Tho flrst person asboro from tho Albatross was tho ship's mascot, "Ad mlral Duck." alias "William Horn, alias "Albatross," alias plain "Hilly of tho vessel and wears a coat ot a handsome ruddy brown tinge Ho did not wnlt tor tho gangway, but sprang aelioro from tho rail whllo the sldo oi tho vessel was still flvo or six fcot from the wharf. Nasty weather characterized the trip ot the Albatross from San Francisco, although Bho left a dead calm sheet of water insldo tho Golden Gate. Notwithstanding tho weather, thoo? aboard tho Albatross were busy on tho trip down Tho Fish Commission steamer towed tho Intermediate net most of tho way, preserving tho catch, which was fairly satisfactory from a scientific standpoint. Tho Inlermedl ato net, so called because It neither opt rates near tho surface of tho water or along tho bottom, was towed at n depth of onu hundred fathoms Man) of tho specimens In tho catch arc hard ly visible to tho naked eye The trawl net was also used on Er ben Dank, about C00 miles from San Francisco with tho result that tho (.ear wns Inst. Noticing sharks In tho vicinity of the ship one of tho crow throw nut a large hook astern, baited with a pleco ot salt pork. When ono of tho iron stors bit nt last and was hauled in deck, tho shark was found to bo a fo male and about to add to tno shark inpulatlnn A fow hours after bor cap luro over twenty kaby sharks mndo their appearance. Tho happy mother ntnsurcil over nlno feet in lenpth Much difficulty was experienced in keeping tho mascot goat away from the numerous shark family Captain Chauncey Thomas com mands tho Albatross He visited Ad miral Merry at the Naval Station short ly after the vessel's arrival. The Albatross will coal and provl felon hero and will, It Is expected, mako Honolulu her base of operations (ar some time She will probably go to Laysan Island In two or three da) a. She will mako numerous excursions frorri; this port, executing her work ilk a Fish Commission steamer Tflo Albatross was hero last In IM'J, when she came b) way of Japan, She was here first when she made thJ cnbto survey. She Is 227 feet long, ''$ feet beam, 15 feet water line and 125(1 tons displacement. Ordinarily whIU engaged In fishing, sho steams under one boiler and her sails making about eight knots. With both boilers she can (team twelve knotB. Coming dowq from Suii Francisco sho made somo times trcm 10 to 10 1-2 knots undei mil and one bolter. She uses both boilers nl In emergencies. The oflltcrs of tho Albatross are nr follows Captain Chauncey Thomas. commander. Lieutenant O II Uur rage, executive officer, dock officers Ensign A J Hepburn Ensign C S KempIT son of Admlrnl Kcmpff. Dr Chas S llutler, Paymaster tl Skip WHh. Fish Commission officers aboard are Henry Cllnord Fawictt, cap tain's clerk, Mr Chamberlain photog ropher. and A II Alexnnder flsherle expert. Mr Alexander stood watch as officer of the deck during the trip, as thcvvessel Is short ot officers Scientists in the Albatross arc Doo tors Gilbert and Nutting and Messrs Fisher nnd Schnyder. The crow of the Albatross, Including chief petty of fleers and petty officers, numbers 03 men. LABOR STATUS BETTER A meeting of planters was held this morning In room 301 of the Jmhr build ing. It was not a regular meeting of the Planters' Association but a gath ering ot plantation managers and dele gates from tho association to discuss the labor conditions prevailing at present In these Islands. The reports of the various managers show that while the plantations are still short of labor, there has as a gen oral rule been some Improvement dur ing the past year so that at present the situation generally speaking. Is not as bad as It was about a year ago. In some places there has been qui ta a marked Improvement while In other places there Is still a deplorable short age .of labor. Nothing was done with regard to fu ture plans the only business transacted being tho reading of the reports and a discussion of the facts put forth In these. The planters are again In session this afternoon nnd will meet again to morrow Will li NT Oil Walluku Mar 22. A meeting of owners of water rights was called by Tbos. Clark at the skating rink last Thursday evening. The meeting wns quite fairly attended. Col John Rich ardson ot Lahalna was among those present. Mr Clark explained the pur pose of tho meeting which was to thwart the proposed Intention of tbo Hawaiian Commercial & Sugar Co to claim tho right to convc) water from Walluku to Its cano fields at Sprcckels vllle. Mr Claik said It was the Intention of tho 11 C & S. Co. ns owners of crown lands Io the ahupuaa ot Wallu ku, to take the water right long on Jojed b said ahupuaa to Sprockets vllle and that thi II. C. & 3 Co, would bo forced o take this step as Its lease of Walluku water would soon termi nate Mr Clark could not tee by what authority the Walluku Sugar Company was authorized to lease Walhec water to the II. C . 8. Co. for $10,000 per annum when It still has more than Its quota" of iwatcr to Irrigate Its cano nt Walhee. The oply explanation ho could ar rive nt (was that "might was right.' and Jubilee an unknown quantity, but that It Justice were to bo meted out that It was the natives' time now to lease the said Walhec water to the II C & S Co. and enjoy the same bene fits so long shared by tho Walluku Su gar Company In years past. The meeting then adjourned Bub Ject to the call of the chairman. Yesterday afternoon two Japanese went shooting In tho mountains near Walalun At 2pm ono of thorn. Hake, lushed Into Judgo Mahaulu's hnuso and reported that ho had shot his companion, taking him for a pig ns he moved In tho lantana Ho did not know whither ho wns dead or not A search was mado for the Japtneso who had been shot Ho was found dead An Inquest Is being held this afternoon Eastman pocket folding kodaks all sizes, for sale at Honolulu Photo Sup ply Co at 20 per cent below regular price. The basketball game which wns to havo been plajed this afternoon on tho Punnhou campus between two teams of girls, has litcn postponed until next Friday ou account of tho weather HHK IH BOARD Marston Campbell Placed on Governor's Staff as Engineer. MAUI PEOPLE WANT VISIT FROM THE BAND Executive Council Acts on Various Liquor Licenses---Eichaoge of Land at Hilo is Proposed. Governor Dole announced to the members of his council this morning that ho Intended to commission Paul It Iscnberg as n member of tho Hoard of Health In placo of the late William Autd. Also, that ho had appointed Mars ton Campbell upon the Governor's staff with orders to report to the regimen tal commander as engineer officer for the National Guard of Hawaii. Mr Mn)nnrd's application for a gen eral liquor dealer's license at Laupa hoehoe, Island of Hawaii, was refused The renewal of Yeong Yung's retnll liquor Ikjnso at Walluku was granted St C Sarcs was refused a renewal of his dealer's license In Honolulu to remove his location to Hustacc street, but ma have It by remaining where he Is George lions pleaded for n visit ol tho band to Maul, suggesting as a good time. Incidentally, that of the opening of the new castle hall of the Knights of Pythias at Walluku There was sure to be a crowd there on that occasion. No action The Superintendent of Public Works. J II .Uoyd, submitted U pro posed exchango ot land In IIIlo with John T. Daker, the government taking Klchardson street property for ground required to widen Ilrldge street. The proposition was favorably regarded by the council. . Flvo natlvo Hawaiian claims were' due for hearing at the resumption ot I tho iro Claims Commission sessions. I That ot John II Wilson was contin ued this morning, the claimant being absent from tho Tcrritorj I For the first instanca among tho , hundreds of claims, ono claimant ap peared to withdraw her case 8he Is the widow of Captain Kalepc, who' was a noted Penrl Harbor pilot, and had a scparato claim from that of her husband. She however, wanted to withdraw both claims, which amount to about $2000. Her daughter came forward to testify that part of the I property represented In the mother's i claim was hers. For this cause nnd as thero Is no administration of Cap ' tain Kalcpe's estate theso claims these claims were deferred for further consideration. Agents ot tiro Insurance companies went before the Commission to prove the payment ot policies within tho burnt district. AN IRISH WY The bills for tho St Patrick's Day celebration havo all been paid and tho finance committee find that there I Is Btlll $133 on hand This being tho i caso they have decided to start an Irish Society hero and havo opened charter lists which are to bo found at tho office of T. I. Dillon, Magoonl building or at tho photograph gallery of Frank Dave), on Hotel street What the nature of the now society will bo remains to be determined at somo future meeting of Krln'a sons. HI YOUR HEALTH IS CONCERNED Wet weather generally means wet feet, and wet feet invarlabl) mean a told A cold means well we won't go any farther but It's 'obvious that what )ou need most at the present tlmo Is a good pair of rubbers Wo hnvo a stock of the best mens storm rubbers mado, extra heav) roll ed edge nround the sole ns n protec tion to tho scam, and nil of the best material J1 DUYS A PAIR and saves man) moro dollars In Doc tors' bills nnd enforced nbsenco from business :::::::::: Manufacturers Shoe Store I0B7 PORT HT. BOOTH TO PAY TAXES Charles W Booth Is made liable for I the taxes on Pacific Heights tract by I a mnjorltv opinion of ,..o Supremo I Court w rltten b Chief Justice Frear ' and signed b himself and Justice Gal bralth The property was assessed at $100,000 for the land and $30 000 for the Improvements and the amount In 'dispute wns $IS00 taxes and $150 pen alt) for not having paid tho taxes when due In dismissing the nppcal nf do iftndnnt from tho Circuit Court, tho Justices In agreement a'! 1 "There are, It Is true, expressions In omo cases that appear to be opposed I to tho view wo have taken, but they aro mostl) under statutes nr facts es sentially dllteienffrom those Involved In the prtsint case." ' Justice Perr. dissenting, sas: i "While concurring In tho view that ns between Desk) and Hooth the land wns. tinder the circumstances stated, , assessable to Hooth, I respectfullv dis sent from the conclusion reached by tho mnjorlt) to the effect that tbo do tcnunnt mny not sucressfull) defend In this action li showing that tho as sessment of $innnon was upon a whole trnct. only n pot tlon of wblch belong led to the defendant nt the date of tho assessment" He reasons at length land concludes that the exceptions I should be sustained the Judgment for I tho plaintiff set aside and a new trial I ordered. The suit Is entitled Jonathan Shaw, tax assessor vb Charles W Hooth J Robertson . Wilder nppeared for plaintiff. Magnon & Dillon for defend ant. Following Is tho B)llabtts of the I controlling opinion 'One does not cense to bo the owner of a trnct of land for tho purposes ot I taxation by merely entering Into an I executory agreement to convey the Uiiine upon certain conditions not ct I performed "Under a statutory provision that I different Items of property and differ ent Interests In property should be as sessed separate)), an assessment in good faith to one person of a whole tract which was prevlousl) owned by him nnd which could proper!) be as sessed as n whole to him If wholly owned by him Is not wholly void mere ly because he had sold a small portion ot tbo tract without the knowledge ot tho assessor "In such case as In cases of mero overvaluation tho sole remedy Is b) an appeal from tho assessor to tho Tax Appeal Court and not by an ac tion or defense In an action at law, 1 and If the party has neglected to make a return as required by the statute ho cannot appeal to tho Tax Appeal Court and has no remedy." i COUR8D OP LECTURDS. The first of .Mrs W. G Rogers' series of lectures on "Tho Environment ot Dickens nnd His Works" will be giv en this evening nt S o'clock In the rooms of the Y W C A In the Iloston building. Mrs Rogers, during a stay lu London personally inspected many of the places to familiar to the readers ot Dickens and is thoroughly at homo with her subject Tho lectures aro open for both ladles and gentlemen. The price for tickets for the entire courso Is $1 The lectures will be glv eu as follows. March 21 Scenes and Clrcumstnncci ot His Early Life. Rend David Cop perflcld. March 31 Ills Earlier Works Read sketches by Iloz and Pickwick Papers April 7 Scenes of His Historical Works. Head Darnab) Rudge and Tales of Two Cities. April 14 The Homes of His Child Characters. Such as Little Nell, Paul Dombey, Little Dorrltt. April 21 The Works of Ills Later Years. i April 28-Gad's Hill and Westmins ter Abbey, HORN. MKYKR At Walluku. Maul, H T, .March 15. 1902 to Mr. and Mrs D L. Mc)er, a son S. S, SIERRA, MARCH 25, Next express steamer to the Coast Wells, Fargo & Co. Express TEL. MAIN 199. Masonic Temple, with American Messenger Service. L i jMmjM.. .. L !-y i&'jh.ituK'-'tf mJ,&. Vt 4 &., lKllrt4 iAdT.faaiTL...irVtjL. . ,t, tjftat; .j. .a tni.fi.. .-riviT.-,-', mU