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EVENING BULLETIN. HONOLULU. H. T., SATUHDAY, AUGUST 2, 1902.
TRANSCENDENT ARC LAMPS
PROM BOO TO 1200 C. P.
Consumes ordinary KEROSENE OIL; the brightest, safest and
cheapest light known to science.
LAMPS RENTED by the month, week or day, and for special
Mantles of all descriptions on hand.
Sole Agents lor the Underwood Fire Extinguishers
suitable for stores and residences; a child can handle them, and
are always ready for action.
EPWORTH ACETYLENE OAS GENERATORS, LAMPS, Etc.
Also agentB for the COLUMBIA TALKING MACHINE.
Far further particulars Inquire ot
WASHINGTON LIGHT CO.,
C. W. MACPARLANE, Manager
Hawaiian Iron Fence and Monumental Go.
TELEPHONE MAIN 287.
176-180 KING STREET.
IB M case
JUDGE GEAR REMANDS
THE COMMITMENT FAULTY THE
GROUND OF DECISION PRIS
ONER RELEASED ON AP
PEAL $4,000 BAIL.
Albert V. Gear. President
Emmett May, Secretary,
THE HONOLULU INVESTMENT CO,, LTD.
Capl'.al 8tock, $100,000.00
,ENERAL INSURANCE, REAL E8TATE
AND FINANCIAL AGENT8 ..'..
Judd Building, Merchant Street Side.
HONOLULU, H. T.
'Two persons for ten days
Three persons for ten days
Four persons tor seven days
Four persons for ten days
"Ask for them cheerfully sent on
LEWIS & CO.
1060 FORT STREET.
240 TWO TELEPHONES
Is attractive, but the real at
tractiveness Is the quality
within the cans, ir you have
never used S. & V. goods,
better begin now. We guar
antee them money hack If
thoy are not satisfactory.
Nothing could ho moro fair
than this; don't you think so'f
All kinds of CHOICE
FRUITS and vegetables
put up under this label as
well as SALMON, OY8TERS,
H. May & Co.,
The Popular Grocery Store.
22 TELEPHONES 24
' m. S i -fM4 1
kit - j
Noto the choice we otter
the tour best machines In the
for all make of MACHINES
8ee our window display
Wall, Nichols Go.
DURABLE and ACCURATE
AL ,... Xl
The Keystone Watch Case Co.
America's Oldest and
Largest Watch Factory
For solo by
The Principal Watch
Tools, Materials nnd Findings used
by Watchmakers, Jewelers and klu
drcd trades, go to
Room 303 Boston Building, over Henry
May &. Co., Fort St, near King.
HAWAIIAN ENGINEERING AND
ENGINEERS AND CONTRACTORS.
Rooms 508-510 8tangenwald Dldg.
Tel. Main SO. P. O. Box 537.
H: HackfekU Co., Ltd.
General Commission Agents.
Ct. Fort and Quern Street, Honolulu
f Fine Job Printing at trie Bulletin of
'tlse. . i.
Tel. Main 193.
Jobbing promptly ttndd te.
A. 0. WALL, D.D.S.
0. E. WALL, D.D.S.
Lore Building. Fort Street
Hours. to 4. Telephone Main III
COTTON BROS. CO
ENGINEERS AND : t
Pitol id! titlailet (urnliritd for all clll
Tel. Main 245.
ROOM. 30? BOSTON BLN. Honolulu
Domlngocs Terrclra was remanded to
the custody of the High Sheriff, the
writ of habeas corpus being dismissed,
by Judge Gear this morning. Deputy
Attorney General J. W. Cathcart and
Assistant Attorney General E. A
Douthitt appeared for the Government,
and I'. M. Urooks and George A. D.ivla
for the prisoner.
An appeal was noted to the Supreme
Couit, under which the prisoner via
released on a bond In (4000 with his
brother, Frank Ferrelra, an surety.
Mr. Douthitt demanded that the
surety justify and Frank Terrclra be
ing sworn testified be owned his home
In Magazine street, for which he hnd
refused $7000, and paid taxes on It last
year to the nmount of J58 or $39. It
was not encumbered as might be ascer
tained nt the Registry office. Resides
he owned two stores. The bond wan
Following Is the de-'ltlcn by Judge
The petition shows that Domingo
Ferrelra has been convicted of crlmn
and sentenced to prtton icr the term of
eighteen months by th presiding judge
of the Circuit Court; that Domlngocs
Ferrelra Is now confined In Oahu pris
on because of having beta taken to tho
prison and Imprisoned by the high
sheriff nftcr he had bn released on
habeas corpus. The petition asks for
his discharge on the ground that ha
was Imprisoned In Oahu 'tinvlct prison
In violation of Section 1074, Chapter
103. Civil Laws of the Territory, and lie
Is again imprisoned for the same cause
PS existed at the final bearing of tho
writ of habeas corpus; that ho Is not
restrained upon sufficient proof nor
committed on legal proeets within tho
meaning of Section 1074. Tbo petition
alleged that the ImprUonnient was un
der virtue of a certain mittimus of pro
cess which did not authorize or em
power the Jailor to ktep Domlngocs
Ferrelra because no order of the court
of record was made nor was tho prison
er detnlned by the ordr of any court
of record for the same offense for which
he was originally detained.
The Attorney General alleges that ho
.was detained in the jail by reason ot
the Judgment, sentence nnd decree of
the Court, certified copits of which
were attached and made a part of the
return. At the time of th- arrest duly
i-ertlfled copy of the Judgment was sup
plied by proper offlctrs, A M, Drown.
High Sheriff, to Wm. Henry, keeper of
Oahu prison. Said High Sheriff detain
ed said Ferrelra by virtue of thejudg'
ment. sentence, and decide of theTJourt.
The section ot the code under which
the petitioner asks to be discharged si
1G74; "No prisoner who hoc been dis
charged upon a writ ot habeas corpus,
shall be again imprisoned or restrain
ed for the same cause unless he shall
be Indicted therefor, or 'Ommltted for
want of ball, by tome tourt of record,
having Jurisdiction of the cause, or un
less after a discharge for default t
proof, or for some matt rial default In
the committment In a criminal rase, or
shall be again arrested on sufficient
proof, and committed by legal process,
for the same offense."
The attorneys for petitioner contend,
having been once dlscbuiged upon a
writ of hnbeas corpus, tble Court hav
ing discharged him under tbo authority
of exparte Orlemon, 13 Haw. Hep.,
which held that the prisoner was not
detained by virtue of the commitment
but was detained under the Judgment
and sentence of the Court. Tho peti
tion claims that owing to bis discharge
he can not be arrested now because he
does not come within the meaning o(
the terms of Section 1074, such conten
tion being applied to one which pro
vides that unless the discharge Is for
some material default in tho commit
The matter haB been fully argued
and has been the sourco of a great
deal ot study by the Court in this ciso
because of the peculiarity ot the read
ing ot this section; aluo because of the
ruling ot the Supreme Court In tho
case of Orlemon, the Supreme Court
having held that the commitment was
only for the sheriff to take the prisoner
to Jail and after the prisoner's arrival
nt the Jail ho was held under the Judg
ment and sentence and not under tin
The Court gave as one of the author
ities for releasing the prisoner the cub
In the Federal Reporter where It wan
heid that the jailor must havn some au
thority for holding the prisoner. This
case held that the commitment which
ran merely to the sheriff was not sutll
dent; that It would not only run to tho
sheriff to tako charge of, but should
also nnme the Jailor and command him
to detain and safely keep the prisoner
and sec that the sentence was executed.
Under tho authority of this rase tho
principal authority was tho Federal au
thorities upon which tho Court relied.
I have no doubt thqt It the commit
ment had run to the High Sheriff and
stated that for him to tako the prison
er, but alBo contained a notice to tho
Jailor to safely keep and detain thu
prisoner under the authority ot that
case, the commitment would have been
sufficient. That being so tho decision
comes In under tho exception that he
was discharged for somo material de
fault In the commitment. The case la
the 10 Fed. Ttep. 802. IT. S, v. Harden.
"Tho mittimus must bo directed to
tho Marshal commanding him to con
vey tho prisoner Into tho custody of
tho Jailor, and It must also command
and direct tho Jailor to lccclvo the pris
oner and Keep him In close custody un
til discharged or taken from his cus
tody by somo propor process of law.
Thu Marshat must deliver a copy of
such mittimus to tho jailor ns his an
thorlty to hold tho prisoner, nnd tho
original warrant with duo entry of ser
vice, must bo retmnod to tho proper officer."
LOCAL AND GENERAL
Q. 11. Berrey, money to loan.
The place to get pure Kona coffee Is
at C. J. Day's grocery.
Ladles' French patent kid shoes nt
$5 advertised this week by Mclnerny'i
Hugene Buffandeau, who had the
horns put on last night Is receiving
congratulations today ns tho baby Klk
of th clocal lodge.
Mr. Anbahr, manager of tho Walklkl
Inn, Is giving nn excellent dinner to
morrow. See their ad containing bill
of fare and Judge for jourself.
in the I'ollco Court this forenoon
Juan Santiago, n I'orto nlcan, was
sentenced to six months' imprison
ment on the charge ot vagrancy.
Tho final nccount ot Kcmllla Kuhla.
administrator of tho estate of Alonzo
K. Kuhla, shows receipts ot S1.017.5U
and payments of $353.50, leaving n bal
nncu of IGGt.
An electric car ran Into one of tho
wngoiiB ol the Metropolitan Meat Com
pany at tho corner of Sheridan avenue
nnd King strcclH this morning and de
nmllshcd ono of the wheels.
The best the market affords at the
most reasonable prices. The I'nlace
Grill meals and service can't be bent
Family dinners In private rooms a spe
cialty. Palace Grill, Bethel street.
The baseball Rame between thu Mai
le-lllmn and K 'nchnmchn tennis takes
place on the I'unahou campus this aft
ernoon, beginning at 3:30 o'clock. A
very large crowd will probably be In
largo crowil listened to nddrcsse
by Delegate Wilcox, the two Knlauoka
lanls and others at the corner ol
School and l.lllha streets last night.
The speeches were along the samu old
M. A. Coggeshall, the young man
who pitched a part of the game fur tho
Custom House team last Saturday, left
for San Francisco In the America Ma
in today. He was a stop-over passcn
ger from tho Orient.
The August Herring. Charles Has-
junl nml Henry Ksplndn attitault eases
In connection with a piece nt disputed
land down the road, ruuio up foi trial
In tho I'tillcti Court today but were
continued until the lltli lust.
The steamer Claudlno arrived In
port this forenoon and was up to the
wharf a few minutes after twelve. Sho
comes from llllo and way ports, hav
ing taken the Klnati's run. She brought
a caigu consisting of 2 horses. 1 dog,
73 pigs, 1 cord wood, 9 bundles htdcri
and 18U packages sundries.
John Akal, Kahalau, John I'uoa and
Mann Kaleklnl wero arrested In tho
Kakaako district this morning for In
vestigation. Thu boys arc suspected
of having Indulged In a tew Irregulari
ties not allowed by the law but the na
ture of these cannot he learned yit be
cause Detect he Kaap.i Is looking Into
thu matter All the hoys are well
known to the poljce. This applies par
ticularly to Mana Kalelklnl.
The To jo Kisrn Kalshti Mcjiiht
America Maru nrrhed oft" port yester
day afternoon ut about 3 o'clock. It
took some tlruo before sbo was gi anted
practlque so she did not dock nt the
channel wharf before about S o'clock.
She brought sixteen passengers tor this
port nnd 700 tons ot freight. She left
for San Francisco this morning at JO
o'clock, taking with her the passenger
from this port.
Admiral HecMey eroprts thn follow
ing sugar lert ut Hawaii ports ready
for shipments: Olan, Wi, Wulakca,
3,0u(i; Hawaii Mill, none; Waliiaku.
17,000; Onomea, lt.Ouu; I'epeekeo,
00; llouomii, 5,000; Hakalau. 12.WU;
Laupahochoc, Hi.iiOii; Ookala, 1.2UU;
Kukalau, 3,oui); Hamakua, 500; l'aau-
ban, nnno; Honnkaa, uouu, Kukulba-
le, none; I'linaluu, 3,t.uo; Honuapo,
WELT SOLE LACE BOOT
Is nothing less than a beauty
It hears all the marks of aristocracy
has alt the up to-dnte Natures and
helps oven pretty feet to look better.
SELLS FOR $5.00
Stock and Bond i .
FIRE ASSOCIATION, of Philadelphia
WESTERN ASSURANCE CO, rt B
Offices Stangenwald Bldf Ut
chant Street. Tel. Main Ut.
HONOLULU aTOCK EXCHANdB
(..-iijiuiu, AUGUST 2, too?.
NAME OF STOCK gjjd J Bid Wl
I C. Br.vtr StConrany,. ieaac io .
1f.S S.tb.DU.GUM fcyxx ' u
l,B,ImtCl 111... none K ,o
GOLDEN RULE BAZAAR'S
NEW BOOK LIST.
"If l Were King." by Justin McCarthy.
"The Dark o' tne Moon," by S. R.
"Tho Mastery of the Pacific," by A. R.
"Dorothy Vernon of Haddon Hall," by
Chas. Majors (author ot "When
Knighthood Was In Flower").
"Tho Ulaied Trail." by S. K. White.
"None But the Brave," by II. Sean.
"Tho Kcnlons," by W. D. Howells.
"Tho Strollers," by P. 8. Isham.
"Tho Magic Wheel." by John Stranga
"Tbo Hounds ot tho Baskervlllcs," by
"The Woman Who Dared," by Lynch.
"A House Party," edited By Taul Lei
The above aro only a "SAMPLE
LOT" of what may bo found on our
156 Hotel Street
Our Soda Water
GINGER ALE, CREAM SODA,
KOMDL, ROOT BEER, Etc.,
h sweetened by the use of pure
cane sucar. We use no cheap
substitute. ONE REASON
WHY OUK UBVEHAGE8
ARE TUB BEST AND TUB
Proinnt delivery anvwhere and
everywhere In the city and Wal
Consolidated Soda Waterworks
Telephone Main 71.
Works 601 Fort Street
ot tire wonderful AL VISTA
CAM BRA distributed free
lor the asking at
Photo Supply Go
II would then ho held by tho snmo
authority as In tho Orlemon casti. Ho
would thun bu held l virtue of tho
Judgment, for tho warrant was only u
mittimus It thu mittimus wutt directed
to thu Jailor. If this Is true. If that
decision under which tho man was re
leased is trite, nnd tho Court has fol
lowed this authority In ui.t- case, tho
Court bellows It should bo followed In
tbla cane, anil If It does and theio was
u commitment In wmcii tneru was a
material default, tho commitment, ho
Ing directed only to thu High Sheriff.
commanding him, aH far as legnl effect
Is concerned, commanding him to con
vey thu prisoner to the ciihtody of the
Jailor, and also commanding him to
recelvti tin- prisoner. It teems to mo
that it was some material default In
tho commitment that this man was re.
Tho argument of counsel for Hio
prisoner was good, Tho case ot t)rlt
won Is n enso of extremti difficulty In
understand. I think tho decision was
wrong, but ocu conn-ding It to mi
right In this cast-. It does not affect thn
case Bud It must be held that thero
was a commitment hero that did not
go far enough. Thuru was a mutt-rlal
default In the commitment. That ho
Ing so. the c-asti U within the excep
tion of section lfi'l.
I think the defendant has every rlgnt
to construe tho law in his faun. That
la tho law of the land, and tlio Court
will us nulckly dlschargo a man as MTIti
him if tho law said mi, but I do not
read tho law tu that way. Ho cannot
be discharged unless for bome material
default in the commitment, and that
covers this case. Theio was a commit
ment which only went to tho High
Sheriff. In United States vs. Harden
tho commitment was not only dliected
to tho High Sheriff commanding him
to convoy the prisoner to tho Jailor,
but for tho Jailor to recelvti and keep
In closo custody, that would ho suffi
cient, all that Is necebsary under 2leli
to hold him.
Tho Court nuiHt remand the prisoner
to tho custody of thu Sheriff und It is
Judge Clear will hear the mandamus
caso relative to fees tin Klro fining
Commission uwurds nt thu opening of
court Monday morning.
Judge Humphreys was' still engaged
with tho Jury trial of Mer vs. Nuona
Wo are now paying especial atten
tion to catering to Family Parties, Ito
ceptlona, Weddings, etc., and the suc
cess that has attended our efforts to
please, together with our reputation
tor serving tho best that tho market
Jtfcrds, la a sufficient guarantco that
we wilt glvo you perfect satisfaction.
Wo have the finest display ot the
bitter grado of BAKERY G00D8 and
Hue CH0C0LATE8 and BON BON3
ever put on exhibit hero; wo also car
ry HUYLER'3 CANDIE8 and LOW.
NEY'S CHOCOLA'I E8 ana BON BONS
THE ELITE ICE CREAM PARLORS
Ants do, It given the Antollne
treatment Greatest success
attends use 01 this newly dis
covered ant exterminator. If
the pests use It once they Dov
er do again.
In tho pantry Antollne Is
Invaluable as it ti not a poison
but bat the desired result
Honolulu Drug Store
! Pi tot i Hon C
niwiiun com. a bo to
Hiwillin SarirCa ....
Honomo Sucir Co tit.
HoaokMSucM Co ....
Catouku PltnUiloo Co.
Ktptfaulu Sugar Co
Colo Sugar Co....
Ookala Surar Plan. Co
Olaa Su. Co.. LtJ.. aal
Olowatu Company .
PaauhauSu. Plan. Co.
Pacific Surar Mill, .,
Pala Plantation Co ..
t'epttktn St ftt Co ...
PtonttrMMI Co... ,
Wtraiua Atri Co
Wilder StimMo Co .
Intr-ltlan4 Steam N Co
naa lan tixmc Co..
Hon. Raoli T. Jk I Cn
Mutual T f ttrhont Co. .
Oahu RyfcL. Co
Hawaiian Gov t per cent
HltoRHCo 6 percent
Hon Rapid Transit ....
Ewa Plmtat'n 6 r rtat
uanu kail lo, per c. .
Oahu Plnttln 6 p c .
Olaa Plantation 6 p. c.
Katiuku 6 percent .....
Sugar Co., '1
STOCK AND BOND BROKER.
HONOLULU STOCK EXCHANOt.
Orders tor the purchase or tale el
stocks and bonds carefuly and promit
ly executed. Loans negotiated ,
Office Room 401, 4th floor. SUnaeMi
wald Bldg. Postotflca box. 890; Teli
phone Main 331.
Motor Carriage and Machine
REPAIR AND BUILD
ALL KINDS OF : :
Bote Work or All Kinds.
Etc, Ktc, Repaired.
UNION STREET, n.ar Hotel.
Phone Blue 721. P. O. box lit.
DEAF AND 1MB BOY
Wllllu Konsecn. tho little deaf and
dumb boy who has been In thu huhlt
of selling papers on thu streets for
sonui months past, tins disappeared In
some unacioiintablo way and his par
ents nui hunting the town over for
him. Tin. matter has lij'n reported
at tho pollco stntlou and tho officers
havn bi-en warned tu Keep n sharp
outlook for the little fellow.
Willie led his home In Knllhl at
about 1 o'clock esterday afternoon
and en me to town to buy his papers,
as has been his usuul custom. Hluco
that time, his parents have not seen
He was seen by somo of his friends
ut about 4 o'clock In the afternoon
selling papers on the streets, and bit
was seen later on down at the Mlowora
dock, attending to thu samo business.
Tho parents of tho llttlu fellow havo
fears that Wllllu may havo gone
aboard the steamer, and, having failed
to- notlcn tho pulling away from tho
wharf, been carried off to Vancouver,
Willie's habits are of a wandering
nnturu und It was only a fow days ago
that ho was taken before Judge wll
cox nt the request of his parents, and
there given a lecture In tho deaf and
dumb sign language In which Judge
Wilcox Is so proficient. Tho boy
seemed to uiiderhtnnd, for ou the next
day ho was at home as early ns I
u'clnrk und thero lm remained
J. W. 6CHOENINQ, Mapig.r.
The Evening Bulletin, 75 cents per
Halsfead & Co., Ltd
MONEY ADVANCUD ON SUGAfe,
921 Fort Street
TEL. MAIN 133.
Fred. L. Waldron
COMMI88ION MERCHANT. '
P. O. Box SS3; TeJ Blue 7(1; Room
, Bprecke'i BuIldlLf.
The Bulletin, 75 cent, per month.
bai removed to the
Arlington Block, Hotel Street,
In the store formerly decupled by
II. W. Foster.
I E. W. JORDAN 1
tins Just received ex.
ALAMEDA" a full line
ot the sclebrntcd
I.TI ...CI I.. ..... V.. unrtt.lra.il. kulo
nUnn.Lfi.a IKll Minviuir n
(nemo (look Cn Roi33.llie.l'li'.N Cnmllni II 8 A
Altto a bid choice In the
PING PONG" GAME
dime enrly nnd ttnvo
g No 10 Store
A J ' - Y-..5wiw JL3
.iMl..- '-'" X -.-t-t.
HuiaA tmt-"' m