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3. 2111. '?
Vol.. X. No
HONOLULU, TEHKITOKY OE HAWAII, SATURDAY. APK1L
PitlCB 5 Ousts.'
, . fTSP 'T '. - ' , ' ' jit. i '' " " '
V . -, " . V "
Supreme Court Passes
On Dreier's Name
LAW OFFERS NO RELIEF
FOR TUE PLAINTIFFS
Syllabu3 of Decision Rendered This
Morning in Case Brought By
Republican Organization To
"In our opinion the Secretary has
acted according to law so far as ap
pears In this case and the plaintiff Is
not entitled to have the name of Mr.
Dreier omitted from the official ballot.
Tlio foregoing is tho conclusion of
the unanimous opinion of tho su
preme Court upon the submission with
out action of William W. Harris vs.
Henry E. Cooper, Secretary of the
Territory of Hawaii, rtobortson &
Wilder for W. W. Harris; H. E. Cooper
in person; Kinney, Ballou & McClan
nlmn for tho nominators of August
Ily the syllabus of opinion the law
of the' case Is thus laid clown:
''Under the provisions of the elec
tion law that candidates shall be
nominated by writing signed by not
less than twenty-five qualified electors
of the district and deposited together
with twenty-five dollars with tho Sec
retary of tho Territory not less than a
prescribed tlmo before tho election,
nnil that lho ballots shall contain the
names of all pan'dtdatcs so nominated
and no other name, tho Secretary can
not lawfully inquire Into and pass up
on the qualifications of a candidate or
decline to placo his name upon the
ballots If ho Is duly nominated, oven
though he, life Secretary, may believe
him to bo disqualified, nor can tho
courts compel him to do so, al
though tho Secretary may Inquire in
to and pass upon the question of duo
nomination and omit fiom tho ballots
the name of a candidate if tho law
prescribing tho requirements of a duo
nomination has not been complied with
nml may bo by the courts to perform
his duty In that respect."
At a meeting of tho M. Brasch lace
house yesterday afternoon, It was tie
elded to assign tho business to J. F.
Humberg of II. Hackfcld & Co., Ltd.,
us assignee. Although everything was
practically settled at this meeting, the
papers "were not handed over until
this morning. All tho business of the
house will hereafter be carried on by
TUB 1002 CLUB
Members of the'1902 Club are asked
to meet at Elks' Hall at 7:45 o'clock
sharp this evening to attend tho per
formance at tho Orpheum. A section
of tho theater has been reserved for
tho 1002 Club. Members will wear tho
club's colors gold ami blue. Tickets
will bo forthcoming nl Elks' Hall nt
the above-mentioned time.
w Gomes & McTlghe are sole agents for
the celebrated I. de Turk's California
nny kind ot weather,
ruin op shine
Rice & Perkins
Oregon Block, cor. Hotel and
Union Stj. Entrance on Union.
I 111 A
The thief who entered the fJolden
Rule Bazaar on tho night of March 25,
the Triangle store on 'March 20, Chlng
hum's Btore some six montho ago and
who tried to get Into J.- Lapdo's store in
the Oregon block Thursday night, has
been caught and has already begun to
serve a sentence of eighteen months or
six months each on three separate
charges. He Is I'auahi Walanae, a
young Hawaiian who Is certainty not
more than seventeen years of age.
The credit for this good piece ot
work belongs to the Merchants' I'atrbl
of which Richard Bowers Is the head.
The whole caso was ferreted out by Mr
Bowers and brought to a successful
It seems that he and ono ot his men,
Leo Jaqua by name, heard the blowing
of the police whistle by tho negro, who
first heard the smashing of tho tran
som glass of Lando's store. They rush
ed to the place and saw a man running
away in the darkness. They gave
chase and Anally caught him under
neath the shrubbery in the Christian
church yard. Upon Investigation it
was found that the fellow was a 1'orto
Rican negro, P. Francisco by name.
The man was thoroughly frlghtenea
and stated that he was not tho ono who
had smashed th5 glass. The right man
The next day. directed by the Porto
Rlcan, Bowers called at the homo of
the native boy the Porto Rlcan had de
scribed and whose residence In Ka
kaako'was known to him. There wcro
found articles stolen from the places
Walanae made a full confession of alt
his ml(deed8. He stated that on the
night ot' tho Lando aalr he was run
ning along In the same direction as
the Porto Rlcan. He. fell and, seeing
(he officers giving chase remained close
to the ground and was undiscovered.
It will be remembered that a cart
ridge was found in Lando's store and
when asked about this, Walanae said
he had used tho butt of his revolver
to crack 'Open the trans'&nfglaBs and
that one ol the cartridges must have
Walanae pleaded guilty to nil three
charges in the Police Court today und
was given tho sentence mentioned
ISLAND STEAMERS ARRIVE
Tho steamer Mlkahala was at Wat
mca discharging machinery when the
steamer Ko An Hon left last night. Thy
W. O. Hall was at Ahukinl loading su
gar. Tho bark W. B. Flint was at Ms.
kuwcll waiting to load. Tho Btoamor
Tamplco of tho Olobo Navigation Com
pany was at Makatfell discharging
coal. The schooner Rosamond sailed
from Eleclo on Wednesday evenlag
with 28,801 sacks of sugar for San
Francisco. Tho ship Emily P. Whit
ney left Makawell on Thursday for tho
Coast with 32,008 bags ot sugar.
Good weather was experienced by
tho Keu Au Hou on the leeward dl'io
of Kauai. There has been much rain
on Kauai and the tea was very rough
at Kllauea and Anahola. "Heavy swells
and strong northeast winds prevailed
In tho channel.
Tho Nllhau, from Koloa this morn
ing, had 28S0 bags of sugar aboard ul
that port when tho Jnpanese quit, io
nising to work overtime.
U. 8. 8. WIIBELING COMING.
The gunboat Wheeling, Commander
Blockllngcr, sailed for Magdalena bay
direct from San Francisco on tho
morning of March 23.
The Wheeling will spend a fow days
on the smooth waters of the spacious
peninsular bay, engaged In target prac
tice and will then proceed to Plchllln
que coaling station, en route to Hono
lulu and Pago Pago. At the last-named
port the Wheeling will take the place
of the Abarcnda, which has been on
that station for a long time. The Aba
renda, Commander Kimball, will re
turn to New York, After leaving Plchl-
llnquo tho Wheeling will keep a sharp
lookout for uncharted rocks or shoals
which are reported as existing about
midway between Cape San Lucas and
Honolulu, In tho neighborhood of Intl
tudo 18 degrees north. Captain Law.
less of the steamer Australia saw these
shoals a few days ago during his trip
from Tahiti, nnd Is of the opinion that
tho depth of water Is about ten fa
thoms. The opinion Ib expressed by
others that tho shoals may cover (ho
remains of a little barren Island which
was Bald to liuve been In exlstenco half
u century ago, but there Is no cer
tainly that tho Island was In that par
ticular Iatltudo and longitude. The
Wheeling will endeavor to' find nnJ
chart the shoals.
Ilungnrlnn Statement Dentil.
Budapest, March 23. M. Colomor
de Tlza, cx-Huugarlan Prlmu Minis
ter nnil leader of the Liberal party,
died here today, aged 72 years,
A Story of .Filial Piety
From the Court
All UNFAITHFUL STEWARD
REMOVED FROM OFFICE
Substitute for Dead Man Wins His
Defense Suit Against Henry
Congdon's Estate Answer
Court records tell some hard stor
ies, such as the persons concerned
want tho editor to "keep out of the
paper." In many cases people affect
ing high walks In life have reason to
shrink from publicity given to their
transactions with others, tho pel Odi
ous nature of which has Cccn estab
lished before a tribunal of justice.
Now and then, however, thero como
upon tho Judiciary files bits of person'
at history which tend to Increase, tho
reserve fund of falttvln human nature,
Thero aro Idyllic tales among the dry
records, which In many cases llluml
nate not tho select society circles but
life among the lowly. Here Is tho re-1
port of a guardian of three minor chil
dren ot a poor widow who takes In
washing to keep the wolf from tho
door of her humble fold. It Is a charm
ing picture, of filial affection.
P. J. Russell, guardian of Manuel,
John and Eugenia Roclo, minors,
Ehows that he received from the es
tate ot their dead father the sum of
$132.07. After paying $5 for n bond
nnd advancing $9.50 to the mother ot
the minors for costs of court, thero
was $39.19 apiece coming to tho two
boys and the girl. The Hrtr- boy's
portion was deposited in Bishop &
Co.'s savings bank, while his brother
and Bister paid tlielr shares to their
mother for support.
With his account tho guardian fur
ther reports the following facts: .Man
uel Roclo Is about 19 years of ago and
Is employed at tho Public Works sta
bles and has been supporting himself
and nsslstlng In tha Biipport ot his
mother's family. John Is 12 and Eu
genia 9 years of ago. Tho family Is
Almost destitute and depends for its
support upon what the mother can
earn by taking In washing and the
wages of Manuel. Manuel is anxious
to start a savings bank account nnd
add to It from tlmo to time.
The guardian asks flic court to ap-
provo his account with its disposal of
tho meager proceeds of tho dead fath
er's estate, also that the costB ot
court miy bo remitted, and on his own
part waives all fees and othercompen
satlon, It Is, stipulated between George A.
Davis and Smith & Lewis, the respect
ive attorneys In tho suit ot Georgo
Lycurgus against Charles 1'hllllps, ad'
mlnlstrator ot the lato Harry Cong
don's estate, that the detendant niny
have ten more days from the 4th Inst.
In which to plead, demur or answer to
J. Alfred Magoon's suit against Ka
le! is Bet for hearing "on demurrer on
tho 23d Inst., by stipulation between
Magoon and Dillon for plaintiff and
Andrews, Peters & Andrado for de
fendant. On tho petition of the ward by her
next friend, J. M. Monsarrat, Judgo
Humphreys has removed William Ka
helemaOha, guardian ot Bcke Kaauohl,
minor. The petitioner showed that the
guardian had not managed her estate
In a proper manner, nor applied the
Incomo for her comfortable mainte
nance, although It was sufficient for
that purpose. On the contrary the
ward had not received any of the In
come, henco had been dependent for
her support upon her grandmother and
other members of her family. Kahe
lo mauna had also neglected to file,
cither an Inventory or an account In
court. It was further shown that tho
unfaithful gtmvdlan was Impecunious
and that his bondsman, Luha, had no
real or other property whatsoever.
To the complaint of trespass of W.
J. Lowrlo against Knlau Kalkalnaha
ole, tho defendant by her attorneys,
K'nney, Ballou & McClanahan, denies
all the allegations.
A remittitur has been filed, sending
Kau Ting Keo hack to the Circuit
Court with an ouler of tho Supremo
Court for entering Judgment for de
fendant with costs, the bill of which
presented by Magoon and Dillon
amounts to $32.39. This Is the cabe
where tho namo of n man long dead
was mado defendant In tho case. Ah
Puck was brought Into court In his
placo, hut It was decided by the appel
late, couit that this would not do.
At 7 o'clock this morning, In the
Roman Catholic Cathedral, '"Peter"
Alcncnstro said good-bye to the world
and was ordained n priest of the Order
of the Sacred HcartB by the Bishop ot
Panopolls. He Is now" Rev. Father
The ceremonial was 'of a highly Im
pressive character. The big churtti
was filled with friends of the young
priest, and prominent members of tho
Portuguese colony. JJ
n the sanctuary near the nltar, the
father of tho new priest occupied a
scat with A. de Souz Canavarro, the
Portuguese Consul. Supremo Court
Justice A.. Perry was Slso present and
ills attendance at suih an early hour
was very favorably comemnted upon
by the Portuguese people.
Bishop Gulstnn was assisted at the
altar by the Rev. Father Matthias, pro
visional ot the order In the Hawaiian
Islands. The Rev. Fathers Leonore.
Clement, Valentin and Francis and all
the lay brothers were present In the
sanctuary. The Allencastre brothers
REV. FATHER STEPHEN.
and their family occupied the, French
Consul's pew, and next tu them were
representatives of all the Portuguese
societies of Honolulu. The St. LuuU
College faculty and students attended
In n body, with the Sisters and pupils
of the Convent of the Sacred Hearts.
The Sisters ot the Kallhl receiving
station w-ere also present.
Brother Stephen was pfaced In front
of the altar, dressed ns a deacon, In his
right hand holding a lighted candle.
After tho reading of the Gospel, Bishop
Gulstan arrayed In his Episcopal vest
ments, read the ritual ot the church
and proceeded to confer upon the can
dldate tho several marks of priesthood.
The sacred vestments were blessed one
utter the other and placed either on
the arm or over the body of Brother
At the conclusion of the ordination
by tho Bishop, the venerable Futher
Leonore, who for several years has tak
en a special Interest In "Peter'' Allen
castre,. ascended the steps ot the altar,
and placing his hands over the head ot
the new Father Stephen, called upon
him the blessings of heaven. All the
other priests followed Father Leonore
nnd repeated the Invocation. It was
one of the most touching incidents of
After the mass. Rev. Father Stephen
surrounded by his family, received ths
congratulations of his many friends.
Father Stephen will officiate tomor
row morning at 10:30 at a solemn high
mass. The celebration promises to hi
a memorable one as great preparations
are being made for tho occasion. The
Catholic Mission hand w,lll be In at
tendance. On Monday evening a public recep
tion will he tendered to tho now priest
by his former schoolmates of the Mis
sion band. Everything points to a big
affair, ns Invitations have been sent to
all the Portuguese and Catholic so
eletles of the city .
Eastman pocket folding kodaks nil
sizes, for sale at Honolulu Photo Sup
ply Co. at 20 per cent below regular
S. S, ALAMEDA, APRIL 9,
Next express steamer to the Coast
Express closes 10 n. m. day of sailing.
Wells, Fargo & Co, Express
TEL. MAIN 199.
Masonic Temple, with American
Ly Ht!LLHL ill
Upwards of $200,000 to
Go Into Corporation's
HEATED ARGUMENT AT
MEETING THIS MORNING
Floated Indebtedness Will be Paid-
Castle Estate To Sell Bonds
And Get Preferred
A special meeting of the stockhold
ers of tho Rapid Transit Company wus
held this morning nt 10 o'clock in the
nssembly room above Castle & Cooke's.
The meeting was called by the direc
tors for the purpose of considering an
amendment In the by-laws and to pro
vide for further construction. J. II.
Atherton acted us chairman nnd J. A.
A communication from the Castle
Estate nnd J. II. Castle In which 11
ivub proposed that they should sur
render their entire holdings of bonds
ot the company and find a market for
them, taking In exchange for those
bonds 0 per cent non-cumulative pre
ferred stock, was read.
W R. Castle read a proposed amend
ment of the by-laws which made a pro
vision for the providing ot such pre
ferred stock for the uyrposc of raising
funds fpr doing new work, etc. He
moved that this he adopted as n by
law This carried.
The letter received from the Cattle
Estate aud J. II. Castle was taken up
next and the contents placed hetoroMia
stockholders ns n motion In n resolu
tlou that they should be adopted.
I.. I., McCandtcs opposed the prop
oeltlon and was seconded by J. A.4JIa-J
gOun. A heated debate followed la
which Magoon and McCundlcss spoke
against and W. R. Castle, L. T. Peck,
George Castle, W. O. Smith. J. A. Oil
man nnd others for the resolution.
I.. T. Peck spoko for the resolution
saying that it was the only practical
policy for the company to follow at
the present time ns securities could not
be placed locally to nny great extent
aud furthermore as tho Castle Estate
had been able to negotiate fur the sales
of thosH bonds to a syndicate on the
It was further shown that eight
miles of road hud to bo built before A
certain time, according to the rules of
the franchise nnd for this, money was
Magoon did not fancy the 15 per cent
bonus to be given the Castle Estate at
a commission. Ho thought that Id
per cent would be nmplc and moved
that this be given. Ills motion was do
tented. McCandless also spoke against tha
jiving of preferred stock with n 13
per rent bonus ns he did not think It
fair to the holders of ordinary stock.
The debate waxed quite heated and
ended with the final adoption of tha
motion, whereby tho contents of. tho
Castlo letter wcro adopted' as a resolu
tion. Magoon nnd McCandless, being
the only ones opposing.
This proposition provides for, and
it is confidently expected that It will
Lo carried oilt, that upwards of $200,
iioo will be put Into tho treasury to
pay up the entire floating Indebted
nc.ss and provide funds for the finishing
of the road and In a few months to put
tho property on u dividend paying la
It Is understood that the negotiations
tor placing the bonds on tho Mainland
have reached such u stage that they art
now practically assured.
HONOLULU 8CKUB8 I5EATEN
The Piiual.nu Bowling team beat tho
Honolulu Senilis at a content In tho
bowling parlors at tho Metropolo build
ing last iilghl, tho score being 204S to
19311. The players with their total
scores were is follows:
Piinnhou Webster, 39G; Armstrong,
31S; Elston, Hi; Smith, 419; mid Wil
liamson, COt. Total, 2018.
Honolulu I'etlio, 320; Cross, 427;
Raymond. 315: DeCcnv, 417; and Sin
gel. 151. Total. 1938.
In tho neighborhood of 500 Chinamen
wunt up to tho cemetery In Manoa val
ley this morning In Rapid Transit cars,
In hacks and other conveyances. They
hud with them red paper and other
decorative articles with which to dec
orate the graves of their departed
12. O. Ferrelra has been appointed u
Notary Public by Attorney General li
Tlio Evening Bulletin, 75 cents r'ri
ill IIIE TO
The ship George Curtis. Captain O.
II. Calhoun, arrived In port Mils morn-
Inif frnm nn 1-Vnnrlsrn with n t-.nnhil
cargo, docking at Brewers wharf.
tcliAra aim Itna n I mn ,1 1 nm mnn n,l rx
where she has already commenced to
The Curtis was sighted off Koko '
Head at S o'clock last evening and was
off Diamond Head shortly before 0
o'clock. She remained outside during j
the nlgbt, coming Into the harbor the i
first thing this morning. i
The Curtis made a fine trip from tho ,
Coast, coming down In twelve days, en
Joying fair winds nearly all the way
und carrying every stitch ot canvas
throughout itho entire voyage. I
It Is n long time since a shap has i
mado the run to this port from San '
Francisco with her skysall full of wind
nil the lime. The Curtis set her sky-
sail when leaving the Golden "Gate
nnd did not take It In until she lay oft
Captain Calhoun Is accompanied a
usual, by his wife. Threo passengers
arrived In tho Curtis, Mr. nnd Mrs.
Hooper nnd Dr. Calhoun.
Aseu Brown has brought suit In the
Circuit Court ngalntt Hnttle Bannister
and Andrew Bannister, her husband,
to redeem certain real property In Ka
llhl sold under foreclosure of mort
gage. The complaint states that on the 21st .
A Kffill HI
oi ovemuer. !, me -. ii. & i as- 0rBnnlc Act cxceptlng that In addition
soclatlon secured a mortgage on thn'0 ..,,,,, rcmoval rcslRnntlon or nb
land in question to secure the payment ienco wlldl , Arl0Ba ,aw glvca
of n note for $000. On October 2. 1000 B clrcllm8tnncCB ot tuo Governor'., jr.
Hdlon was brought against Andrew i . ,. , ,. ,, , ,
Bannister by Hie plaintiff, to recover
damages In the sum of JJ0OO for breach
of promise to marrv. I
The plaintiff 'succeeded In getting a
Judgment for half the amount mention
ed and nn nppeal was taken to the Su
picnic Court which sustained the Judg
ment of the Circuit Court.
. Bfforjijhe property could be levied
. ' rt." V - . ...
on to sutury a part ortht ladxnient of
.h ..,... .!. ,. ... --, i
. iuuit( nv inuiiuf)i hud ivi wiun-
cd und nothing could bo done. The
plaintiff now asks the court to redeem I
Ihe property and set aside the sale of
the land under foreclosure of mort
gage. WILCOX AND JAPANBSe.
Shlgekoml, a Japanese who has been
In Jail several days on tho chargo of
assault with a deadly weapon on a' tended that thero shall, at all time 3,
countryman of his, appeared In the ' bo a person In tho Territory with au
PollcoCourt this forenoon nnd had hlstliorlty to 'execute nil tho powers mil
case nolle pros'd. perform all tEe datleB of Governor.'
Deputy Sheriff Chllllngworth ex-
plained that the case had been contlnu-
ed fiom time to tlmo because Dr. I,,01. It must tbcreforo bo tnken In It si
Mori stated that the victim ftf the as-
sault was unablo to appear In court.
Yesterday, ho went to see If the man
would be ablo to appear In court today
and found that ho had left his bed and
could not be found. Thero was nothlnif
to do but enter a nolle prosequi.
Before allowing the defendant to go,
Judgo Wilcox said that ho intended
making a complaint to tho Board of
Health about Japanese doctors who did
such things. He did not refer to any
particular person but It Is known that
this Is not thq first experience of tho
kind tho police have had.
Secretary Cooper has received a re
port from Forestry Expert Griffith
upon his examination of the forests
of Hawaii. Tho tenor of Mr. Griffith's
conclusions is that there arc excellent
opportunities of forest development In
the Hawaiian Islands.
ACtiflET GOVemOr COODGT
Has Full Executive"
UNSOLICITED LETTER FROM ,
ACTING SECRETARY RYAN
Enclosing a Copy of Letter to Governor
of Arizona With Construction of
Section of Organic
Secretary Henry E. Cooper received
timely though unsolicited confirmation
of tho possession ot fall executive pow
ers ns Acting Governor in the absence
of Governor Dole from tho Interior De
partment by ycslerdny's mall.
Thomas Ryan, Acting Secretary ot
the Interior, write to the Secretary,
under dato of Washington, D. C,
March 17, enclosing for his Information
and guldanca tho cotiy ot a Depart
mental letter to the Governor of lho
Territory of Arizona vrlttcn on tho
12th of March. Tho section of Arizo
na's organic act referred to in Hill
i ictior is tne same in icrms ns wio cor-
rogpon(llnK sccton 0, lUo Hawaiian
his place, tho Hawaiian law adds "dis
ability." Tho letter to tho Governor
of Arizona, which Acting Secretary Ry
an nppllcs to tho present case ot Ha
"It Is a part of tho history of Terri
torial government that tho Secretary
of tho Territory, In the aliscnco of '.ho
flni - rrnnr tlnrifrnm. ulif.lti.ii- tomnnr.
,. . . v .-.-
arlly or otherwise, assumes nnd exer-
ciscs nil executive powers nnd tunc-
llum- N.'1" practlco h bcen 80 lo"3
"""" generally Known, anu so
universally acquiesced In as to practi
cally amount to depnrtmnctal and leg
islative construction of tho section in
fnvor of such practice "Tho languagu
of tho section sanctions such construe-
Hon and the practlco which has grown
tip thereunder. Congress evidently In-
Tho word nbsenco' ns used In tho joc
tion, Is ncltTior qualified nor restrict
ordinary nnd cenerally understood
iense. In this sense It Is tho opposite
of ',,,-egcnco.' Tho Governor, when
present, within the Territory, Is cloth
ed with all cxecutlvo powers. Whm
hu Is not within tho Territory, such
powers devolvo upon lho Secretar,
and tho section makes It mandatory
upon him to assume and perform
thim. Tho Governor is ab'scnt from
tho Territory the moment ho steps be
yond its borders, and wlillo so absent,
from whatever cauto or for whatever
length of lime, the Secretary shall ex
ecute all tho powers and perform nil
the dutlos of the Governor.'"
To Acting Governor Cooper tho. com
munication from the" Interior Depart
ment camo as a surprise, as he ha I
not been awaro th'at any doubt existed
regarding his povyers to administer tho
executive office In Governor Dole's ab
sence. The Bulletin, 75 cents per month.
Heretofore our storm rubber ads.
have hud the effect ot causing tho
rain to cease on the same, day of publi
cation. You might consloer them a
If this ad. falls In the usual result,
we can at least bo of greater servlco
to the public by selling tho very
best rubbers at $1,
This will Insure dry feet nnd great
ly lessen the chances ot n cold, there
by saving doctor's bills, etc.
Shoe Company, Lid, '