Newspaper Page Text
- o,i,Niwu-jiot.t;iiiir"Moiiiuiiu, m. i.i rmiiM, alulst 22, vns.
Our store linn been crowded all day to-day and yentcrclay,
hundred) have taken advantage of the unparalelled
prlccH and bought plentifully. Our stock lit
large ho there are many more bargains.
Come early to-morrow morning.
STORE OPENS AT 8:30 A.M.
ENTIRE STOCK AT A SACRIFICE !
We will shortly remove to our new building, corner
of FORT and BERETANIA 8T8., hence a
Sweeping Reduction of Everything. Never
before such breaking up of prices.
Entire stock must be sold.
VALUHS NOT CON
THE BALIFF ACT
TEST CASE i
ARGUED IN COURT!
Justices A. Perry, W O. Smith anil
J 1 Do Holt, the two last pro tem
pore, resumed the sitting of the Su
preme Coiul punctually nt 1.15 ycsler
da afternoon. Judges Humphreys.
Gear anil Itoblnson. Attorne) Uener.il
Dole. Amlltor Austin ami Attorneys
Davis Douthltt. Dillon. Watson anil
Andrndo were present,
or tlnee separate ilcparttnrnts ntnl
heto was a ipiestlon of Kre.it puhlii In
toiivenlenee. While the court wni. not
expected tu usurp powers not lieloim
Ins to It. jet It would lake ingnlraiue
of existing clrcumstanies Justice
Hold maintained that wheic great In-
1 convenience would ensue from a na
'tuial ronHructlon of a statute, the
Judge Humphreys opened up his rase 'court should not he hound to iotru.
nt once, beg nnng with n jusiincauou ""","' , ... ,.
of hi. appearance In person. Though , l' "-
having no ministerial function he was j"- "" "" - - -
clearly -a person Interested." therefore. I.cgslatu.e moved o strike- out parti
of the lldlllff Act hecause such parts
. .. i.i.i.. .1 .n.i .f ttinan TiilV.
came wiuiiu cm- iuurw ". i... Inn. ti.M...,..un
Ing n right to take Issue with the Ait- "" i'i" -- "'- " -
dUo lie stated his case by rending Uobertson thus mov eel. with regard to
hi, letter to the Auditor requesting Section 5. the one now- at bar h in
that J.'iOlO drawn against general court
Dickey similarly at-
ALL GOODS MARKED IN PLAIN FIGURES AND SOLD FOR
expenses for the payment of bailiffs
he credited to the Judiciary Depart
ment so as to be available for current
expenses thereof, the Auditor's reply
denying the request and hU appeal to
the Supreme Court. The ciusc Involv
ed the construction of Section S of the.
Uaillff Act of 1901. He quoted from thj
rcpoit of Chief Justice to the I.egls
latuie recommending appropriations
and cited "lllshop on Written Law a
iiuthnrlty for the principle that the In
tention of n legislature ma) be deduc
ed from views expressed In Its deliber
ations, the opinions of the person
drafting a law, etc.
It was the dut) of the Chief Justice
DRY GOODS COMPANY, LTD.
tacked tho title
'"I he bailiffs shall be paid" raid tho
Act. There was nothing Inconsistent
therein with tho Audit Act.
Mr. Smith nsked: "How have drafts
been drawn for the pajment of ball
Judge Humphreys sent out for pa
pers In his office, In the meantime ex
pressing the hope that nil panics
would be bound by the terms of the
Mr. Smith quoted the words, order
of thr court" and "seal of the court."
asking under what appropriation tint
pa merits had been drawn.
Judge Itumphre)s said the Act went
.. ! hni-nnil mdin nnflinpltv ft nmnimtp.l tfi
to lecommend appropriations tor mo '"":.-":" V "..".... .".;.,...
Judiciary, and of the Governor to sub- " l" "" ' " " -
ml tlitnlii tt rnnii rAtiliintH frtltlt
in it. laviiuuiia i. -,!,. I
Ul. IfV JJUIl U3IVVU.
EX. VENTURA AND NEVADAN
Shrimps, I lb. and 2 lb. tins. "Sea Gull" Fresh Crabs
"Snow Flake" Asparagus, Tomatoes, Corn and Salmon.
Lemon and Chocolate Sugar Wafers. Fresh Turnips,
Salinas and Garnets Potatoes, Enchilados, Tamales,
Olives, Russian Sardines, Anchovies, Holland Herrings,
FIRE PROOF 8AFE8
Theo. H. Davies & Co.,ltd. $t
OUR STOCK OF
SAFE COMPANY'S SAFES
Is as complete as can be found at
any of the branch Mainland offices.
Our delivered prices In Honolulu
will not exceed the net export prices
charged In San Francisco.
Large stock of new goods ex. Alameda,
Take advantage of our low prices.
DRY 60DDS AND GENTS' FURNISHINGS, 1116 Nuuanu St.
P. O. Box ns. rn it
THE OLDEST CHi. E FIRM IN HONOLULU.
heads of departments to the Legisla
ture. He quoted a United States deci
sion that Congress had not the power
to prohibit the circulation through tho
mails of Inllammatory publications be
cause It would bo an Inrlngement of
tho constitutional liberty of the press.
When the Chief Justice recommended
$3(1,000 to be appropriated for expenses
of the courts It could not have been In
his mind that the Circuit Court bailiffs
should be paid out of that fund as their
ofllce was not et In existence when
his report was written. The Haiti ft Act
specifically appropriated the salary of
the Supreme Court bailiff, which was
also appropriated In the salary appro
prlation bill. The Organic Act created
the oirtee of High Sheriff. )et tho
Legislature made appropriations for
him under the Attorney General's cle
paitmcnt, though the Organic Act made
tho High Sheriff independent. The
specific appropriation of the salary of
the Supreme Court bailiff did not pre
clude the regarding of the Halllff Act
as mi appropriation measure. With
regai d to the objection that the sal
aries of bailiffs were made Indefinite as
to time, tho speaker presumed that tho
Legislature considered the appropria
tion us being for two years.
"Two ears from when'' asked Mr.
Smith, adding "The Hal lift Act wus
passed on April K, 1901, while tha
term of appropriations in the general
appropriation bills is from July 1, 1901,
to Juno SO, 1903."
Judge. Humphreys presumed the
halllff appropriations were for two
j cars from the passage of tho act. Ho
remarked that he should be extremely
gratified If questioned during tho prog
ress of the argument. A habeas corpus
case was quoted by way of analogy
where It was held that a person sen
tenced to three ) ears' Imprisonment
where the law made the maximum pen
alty two )ears could not he released
under habeas corpus until the tormina
tlon of the maximum peilod.
Heading the preamble of the Daunt
Act he laid emphasis on tho phrase,
"and providing for tho paj incut of such
compensation." A Federal and a Mis
souri caso wero cited to show that the
tltlo and preamble of n law ought to
bo considered since cither of them
I might render the law unconstitutional.
Where the constitution Itself paid at
tention to the titles of laws they wero
surely entitled to consideration. It
was admitted that tho English courts
rejected considering tltlo nnd pream
ble, on tho ground that these p.uts
were written In by clerks Chief Jus
tlco Marshall held that every part of a
, statute should be considered and that
. whtro tho Intent of an act was plain
nothing was left to construction, but
vvhero thero was doubt tho tltlo should
havo Its fair sharo of consideration,
Tho authorities further laid down that
where great Inconvenience was Involv
ed a strict construction of a statute
wa3 to bo avoided. This court should
therefore takn general cognizant r of
tho fact that tho appropriation for
expenses of the courts had been cx
pended Tho government was made up
'Out of what fund
was that to be paid""
Judge Humphreys replied It should
havo come out of the common fund.
There vvns no constitutional prohibi
tion, as ho proceeded to show from i
California case, of pa) Ing nn appro
priation out of the general revenues
when no specific fund was mentioned.
Air. Smith renewed the point as to
how the drafts were framed.
Judge Humphreys having procured
the pupers. answered that the drafts
were ngalmt the appropriation for
general expenses. Ho went on to de
fine what a warrant was and then read
the order of court ho made to the Au
ditor to pay the salary of Halllff
Charles A. K. Hopkins
Proceeding, he hoped the Act would
not be construed so as to cieate an
absurdity such ns making provision tor
payment and ordering payment, then
turning roundaud refusing payment he
cause money was not appropriated In
given amount It was decided In Cali
fornia that neither the constitution nor
tho laws required that an appropriation
should state from what fund it should
bo paid. It was paalde out of the gen
eral fund. Where the words, "They
shall receive," were held mandatory in
California, they wire not more so than
the words, 'They shall be paid," Id tills
Where authorlt) was given to do a
particular thing and the mode was
prescribed, all other modes were ex
cluded. This principle was opposed to
the refusal of the Auditor to pay tho
bailiffs except out of tho appropriation
for general expenses.
Attorney General Replies.
Attorney General Dole In opening hi
reply mentioned the three divisions of
tho system of government, saving all
wero Intended to protect life und prop
erty nnd promote the public good.
Whatever crippled one crippled tho
others. All were tenants of the pub-
lie. Ho did not appear to oppose tlin
contention of Judge Humphrejs but ho
desired that It should bo bustnined It
in compliance with law If the exi
gency was serious and the method was
lawful tho appeal should bo granted.
rt ho could not udviso tho Auditor tij
comply with the demand of Judge
Humplirejs, which would make tho
Auditor personally responsible for tho
expenditure of about $5000, preferring
that the responsibility should rest with
tho court. What he hail to bay was not
to defeat the claim hut to glvo reason
why the couit should carefully con
sider whether the proposition was law
Duliis Is Flu a Ik! Gi h LIomi.
CbloiH tad JiptOM Qooft tl All Kill
AUen ElrrtrlC "Belt'
pensorv Is guarantee
all titters!:., proper
ties of the esiwnslve bells now sold by
doctors and urueg. 's. It gives a very
jtiong current of electricity andiseally
regulated. Hound to supersede others. Can
be hid from the unuerslrneJ only; no
agents; no discount. Clrcul.ii free. Address
Pterce Electric Co . 206 Post St., San
Frsr. iro Sent free to Hawaii for SS.OD
lions were made for spoilfli objects.
There being no amount sit apart for
these p.iments was that not proof
that there was no appropriation The
appioprlatlon for the Supreme Court
bailiffs was the oul one placed In the
general nppinprlutlon bill All tho
others In this Act were left out It
seemed that It was the intention of tho
Legislature to do so Reading from
the appropriation bill he drew atten
tion to the clause stating that the pay
of grand Jurors should be the same as
that of trial Jurors, 'this was to show
that tho Items of lourt expenses wero
The salarv of the Supreme Court
bailiff was an old one There was no
limit in the Ilallirf Art to the number of
bailiffs any Circuit Judge might ap
point. Judge Huniphrovs might havo
appointed a thousand bailiffs under
that law. They were per diem men and
It was the 'Intention to have them
paid out of the expense fund. The At
torney General similarly had power
to appoint us man deputies as he
pleased, but the law onl) appropriated
pay for one deputy. If more became
necessar the) must be paid out of In
cidentals of his department
It siemed to him so plain that these
payments were to come out of general
expenses that he did not daro to ad Won
the Auditor otherwise It was pre
sumed that the Judges knew what they
were doing and nobod) ever dreamed
of putting the construction on the Act
whiih Judge Humphrey now con
tended for until there was plllkla, un
til the fund of general expenses was
'gone "Although I have heard tin:
Judge sa) over and over again, con
cluded Mr. Dole "that necesslt) was
the plea of t) rants, he does not sa) so
Justice Perry asked the Attorno)
General a question, to which he replied
that a warrant was Issued by tho Au
ditor on the supposition Unit there was
au appropriation for the particular ob
ject. If there was no appropriation ho
could not Issue a wrrrant Regarding
the title of the Act, he said one au
thority was strongly in favor of Judge
Humplirejs' contention and another
was equally conclusive against it. Ho
would not dare to decide the point.
Judge Gear Intervenes.
Judge Gear rose to a question of priv
ilege. He desired to correct a state
ment of the Attorney General that tho
conference In the Governor's olllce was
unanimous. For himself he had de
nied the Jurisdiction of the court as
proposed to be constituted Ho did
not fvil. after careful examination,
that the Act carried un appropriation.
All of his own warrants for pajlug
bailiffs had been drawn against ex
penses of the Supremo and Circuit
courts, and It would be Inconsistent fur
blm now to hold that such action had
been erroneous. Ho did not appear
now- as amicus curia, nor was he 'a
person Interested." neither did he think
Judge Humphries could appear In tho
Mr. Do Holt said he understood till
Attorne) General did not consider tho
Act carried an appropriation, to which
.Mr. Dole responded that he had very
grave doubts. The ballirfs were con
sidered necessary and If thero was no
other provision they would havo had
to be paid out of the general cxpensu
Mr. Smith questioned the Attornej
General us to whether ho did not re
gard tho matter ns "a case pending'1
which would give the couit Jurisdic
tion as constituted
Mr Dole read from tho Organic and
tho Audit acts, to show that tho pro
ceedings could only be legiirdcd us an
Informal submission to Justices of the
Supreme Court. It vvns almost an In
formant). Judge Humphreys and Au
ditor Austin dlsagieed and came over
to ask tho Justices for Information Ills
doubt was about calling In members of
the bar to sli as JustUi'8 Ho doubted
If It was a ciisu pending before tin)
Supremo Court. This wus a chambers
matter ami ho questioned If it wus a
long users of light
The following list or users who burn light man) hours
attest the efficient-) and eionom) of th
BNCLOSED ARC LAA1PS
If It were not beta 1 It . tin most rcliadli and eion 1
leal, they lertniutj would not iim- It Think this over
Brooklyn Saloon, Wilder Wharf, Imperial Cigar Store,
Union Grill, Pacific Club. Elite Ice Cream Parlors, Fashion
Saloon, Columbia Saloon, Encore Saloon, Made Saloon.
First National Saloon, Walklkl Inn, Boston Saloon, Ho
bron Drug Co., Progress Saloon, San Antonio Society, Pan.
theon Saloon, Hoffman Saloon and the Cosmopolitan Saloon.
HAWAIIAN ELECTRIC CO., LTD.
KING STREET, NEAR AlAKEA - TEL. MAIN 390
A DOWN TO DATE LINE
TRUNKS, DRESS SUIT CASES, Etc.,
AND ALL OF THE CONVENIENCES FOR TRAYEL
ARE NOW OPEN FOR YOUR INSPECTION.
C. R. COLLINS,
82 and 84 SOUTH KING STREET
CHOICE TABLE DELICACIES
Some choice kinds of cheese and other eatables at our delicacy
counter that will prove a great addition to the table. Try them.
Edam, Pineapple, Oregon Full Cream Brick, California Full Cream
Frommage de Brie, Camembert, Kronen, Neufchattel, Sierra, Schloss
Kase and Breakfast Cheese.
Pickled Pearl Onions, Spiced and Sweet Pickles. German Dill Pic
kles, Mixed Pickles and Extra Fine Ripe Olives all these in bulk.
Smoked Beef Tongue, Chloped Beef, New Smoked Salmon, Bloat
ers and Aberdeen Herrings, Bismarck, Holland and Spiced Herring a
If )oti arc not getting good butter try our CRYSTAL SPRING
BUTTER. It Is the Hi:ST obtainable.
Metropolitan Meat Co., Ltd.
Telephone Main 45.
From the Springs at Puna.
Arrangements have been made to
have this lino mineral water bottled In
this city at the Fountain Soda Works,
One Case of 100 Bottles (pints)
One case of 50 Bottles (pints)
A rebate of One Dollar will be made
upon the return of shipping case and
Telephone Main 270.
ful. The cunfereniu of tho (iovernoi, J diiio pending before tho Supreme
Attorney tienerni unn Judges was
unanimous that the court should ha
called to decide the matter Ho had
o.-rlous doubts und would simply call
ttii'lr Honors' intention to the Act
without argument The Attorney Gen
eral expresFod his doubt if tho laws
bearing on the question guve tho court
as loiiHtltuted jurisdiction.
I'aiiHliig u moment, ho was Interrupt
ed by Judge Huniphmjic, who wns pro
ceeding to icpl) and whin asked to
wait n moment wild hn thought the At
tnrnii) Oeueial had loucluded.
"I .mi Just beginning" said Mr. Doln
and Judge IlumphiijK subsided with
.Air. Dole, went on to M) that this
was fclmpl) mi Informal he.u Ing and
not an appeal or a muse pending,
Wherein tho law uiitliorUcil one or two
Justices of the Supremo Court to call
ono or two subitltutes fnmi tho bar In
caso of absence or cllsquallllc.itlon of
ono or two J until es
Hu then took up tho Halllff Act and
reud Suction fi apportioning pay. "Is
llieru un nppiopihitlou for tlin iiinoun'
pa j able for their dally services?" he
asked. Aeiordrtig to tho Immemorial
practice In theso Islands npproprla-
Drays Top Freight
Our representative meets all In com
Ing steamers from tho Coast, and w
check baggage on all outgoing stun
White and Black Sin For Sile
Of!lce with Evening Bulletin, II'
King street. Te) 88.
fl. L4RSEH, Vft.
MANUFACTURED FROM PURE
DISTILLED WATER. : : : t
Delivered to any part ot
city by courteous driven.
Oabo Ice and Electric Co
TELEPHONE BLUE 1151.
HOFFHAN & nARKUAH.
Judge Humphreys Answers.
Judge Humphreys said the question
of Jurisdiction took him by surpilsu
und he pioieedcd to prove by tho Or
ganic Act that the murt wns all right
Tho contention of the Attoiney (len
eiul would under lertuln circumstanced
produce chaos. Tbeie was no differen
tiation In tho law between judges and
lourts. If, however, tho presiding Jus
tlcth were shown iiniiiuillfled by law u
tonsil tilting the Supiemo Court, then
he would contend thul they were an In
ferior court cicnled by tho l.eglslu
turu lie cited several Important uses
decided bj the Supreme Court when a
in.ijoili) of Its members were substi
tutes. Tim spiuki r tin u iwipltulatd his fur
nn i aigum. nt going on to say that the
Chief Justice could not have Intended
that the bailiffs should bo paid out ot
gem nil epcncs Ho wns suipilsed
when ho found that they weio so paid
Wluii of It If the Act did not say that
the bailiffs weio to bo paid out of 'any
tuuucjtt not otlxrvvlao appioprlated.' '
II was Immaterial,
I Fort Ht., bet. Queen and Merchant
when You Want a Rf's t Beaver Lunch Rooms
KINO UP Till
LIVERY BOARDING and
I I t : : 518 FORT OT1SC
Btable Tfaoue. 109 Main.
Hack Stand, Tbones 319 sad b.
C. H. UELLINA.
Honolulu Iron Works.
Improved and modern BUOAH Mi
CHINFJHV of every capacity and it
K-rlptlon made to order. Boiler wort
mil WVETED PIPES for Irrlgatloi
purposes specialty. Particular attet
tlon paid to JOD WORK and repair
xaentM at shartnat notlc
Dr. Archibald T Sinclair.
Offices Rooms 208-20 Iloston build
Ing, Fort Street.
Telephones Office, Main 385: Res
Idenco, White 2861.
Hours 11 a. m. to 1 p. m ; i to I
(Continued on Pago 7.)
7 to 8 p.m.: Sundays, 12 to 2 p.m
O. Box 801.
Breakfast, Lunch and Dinner
Evorytnlng first-class. Complete line
Key West and Domestic Cigars always
H. J. NOLTE, - Proorietor,
M. PhilliDS & Co.
Wholaasla Importers and Jobbsra.
European and American Dry Goods
Fort and Oueen 8t
DECKER, FERNANDES & CO.
Real cttato Ajents.
We also raalio a specialty of enlarging
Office, lor. South and King BtreeU.
P O flov 321: 'Phone "II Main.
Fine Job Printing at the Bulletin of