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LETIN. H0N0L.UGU. T. H.. SATUllDAY, AlIO. 22, 1908.
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MDWIN'SJRST TEST: MUNICIPAL ACT
opt nH licrcln provided, shall lo lea entitled "An Act to provide a
elected nt Hio general election licltl government for the Territory," In-
for the election of Senators nml Hep- nsmitch na It Is.
'WASHINGTON, D. C. Aug. 12. I
C.pfatn Thomas 3. Ilalilwln Bvc the
U.nt nfflclnl pccil trial of hla military
iilrlglhlo lmlloon licfcuc tlio Army
lioanl fit Kurt Mcr toilny. When'
vlthln n mllo of tlio nnlshliiR linn a JUQRG
Hucomlary who conoectliiK tlio mill
oi tho cpKlne with tho toimnutjitor
Done nml tho motor mnppcii. mu-
irshlp V;i3 hrouRlit lown In n torn
field, aiid after Curtlea repaired tho'
t 'fnllltnlllnil tf flirt TAKHllnilt) (Kill
TCQT P AQP CII Fll Bl,n11 ,nUc ,,fncc nt twfhc 'c'oi mc
lLUl UilUL 1 ILLu rldlan on the flrnt Monday In .lanu-
ny next sueccedlnc their election.
' Hes. 29. Tho general laws n ml
rnloi RorriiliiR the election if Sen-
nlnfu nml tlnlirnqontnltvnil lit tlln Tnr
rltory Bhall apply In tlio election of Con-smsi
r........ ..m..- i,.l,M.nn m.i.lln.il.ln BOSOnil Tlltll
V..JUUII u.ui..-i "iiinivi I'i'i.vii.'.v..
oxcept an herein provided.
Sec. 30. At least sixty dns ho
foro a general election and forty
Judge Edlnga ycatfrdjy look the "cfore n special election, tho
uoarii or superviso biiiiii iauu u
V'HEltKIN CITY ACT KAILS
Klrst An attempt on the pnrt of
tho Legislature or tho Tci rltory of
1 law-1 1 to ?ranl to a corporation
cpo.lsl nml e:.rluslvi! prlvllegeH ami
liiimunltlori without tho ii'inrowil of
'nttol1 the flight wiir continued. Tha
iccldent proicnted any ponslblllty of
llllni. U e..ti1 fPflll1rf.il llV HIO iHt Dl .1". I . Ill- --. i.lOH ..l ...U ....-,..,.. m.i.An.nlni. WllltltV
....... iff .llV Pj'lVt. ..-.....-. rf Ml.l-.-I.IIIIUllV.I IVIItUllllllh IHM.I. ... . r.l
ntract, but Captain llnldwln has Municipal Act when' ho filed hla milt rIo:tons nm lrnnolnt co-.iles of tho 1" Jnl mM County of Oaliu
flixt stalls I'l tlio test cnso of tho
It requires othir
nnd dlfforont nnallllcatlona for tt'o
cle!;torii under the Act than mo pro
contcd nnd provided for In said Act
of Congress; nnd. disqualifies and
djfranchl9c3 n larip iortlo:i of the
duly nuallfled electors of said Tcrrl-
heforc Jud.TO D'J Holt. Tho Munlel- mino to tho ccvrrnl Hoards of' lnspcc-
That the said Act la unconstltu-
tfit t..... irlilla In U'llloll Ifl llniiiOtl
tj at.u.v ......d ........ ... . (fv:..'.V UI.....V 'J '"'t.i ..... ...... ciitiitj ii. ii.u cv.'-.... iiiiiii.io '. .... - .
fate Us speed. pal Xet M now to be tried o-t o" tho ( tlirotighout their County and . ..
Tho course wn two and ono-nunr- chnrgo that It Ik unconstitutional. EUeil pruclnmattoii shall be posted in 'lm '""T,0 nr- n""0foi l'rivnio
or miles to the westward of Koit void, and of no effect.. The Hoard tho maimer piovlded by law. agr ciilturareorporutlona wnbrneed
Mvcr In the direction of Knll nf Sunervfsora of tlm County of Oaliu , within t :r iTidarleH of said munle-
..... . .... . . . . . '
'.iilrcii, vn. it wns ui huh pomi Wlll bo failed beroro tlio cotiit io
hat the wire connect InK the coll of show cnitsc, If any, why It should not
tho motor with one of tho four cyl- ,u rce.ulred to Ifs'io tho proclama-
Inders bloke. tlon for n Coi'iitr election under tho
Running the engine with tho tluco Comity Act. In tho mandamus pro-
einalntiig cylinders, Mr. Curtlss en- tcedlngs John Kninicltith Is named as
leuvnrcd to repair tlio brcah. lie ihu petitioner, with .lodge Kdlngs,
ecclved fcveral shocks of electricity li3 attorney, representing him,
'iom tho batteries anil had to blto off I llrlelly and ronrlsely, .ludgo IM-
pleeo of cord with which to tlo tho lugs has staled tho grounds on which
vlrc. Ho wan compelled to let go of K. a relylm: In tho document that
ho lever with which the plain's nrejbc filed before .ludgo Do Halt cstcr-
ontrollcd, and ns u result tho IjIk ilay afternoon. Tho cnso Is linnied
WASIIlNO'lOX. I). C. July llilgailler Ccncral .lames Allen, ih,-r slgmil nlllccr of the flitted States
Aimy. pxpni ert H prcferomo for the Kurt Myci -Alexandria loute ror the otllclal acreptaiiee trials or the di
rigible delhcied to the (lovornmeiit by Thomas S. Ilalilwln, of New Yt,rk This loute Is favotod by tlen
crnl Allen fin several icasons. It offora oxrelloiit facilities for the Signal Corw to keep In touch with tho
dirigible during Its flvo-mllo flight to Alexandria and the live miles return, both by telegraph and telephone.
It la also tiiivercpil by excellent roads, over which tho ofllrciH nml newspapermen will follow the alishlp for
obsorviition purpraaa Lleuteuauts llenjainln I). Kuulols and Kr.itik I). L.ihiu during the last month hno Irn
vorsed almost every foot of tho territory within tho llvc-mllo radius of Kort Myer and prepaid! a map of
tho country. iThc turning point to each or the courses arc advantageous, as they olTer clear turning
points, with no hllN or trees which might act as obstacles thould tho alit.hlp bo Hying at a low altitude. Un
der the specifications, the dirigible must miil.e the turn In tho air without a landing. The signal corps oil!
cers and Mr. ltaldwln himself express preference for the Alexandra oUiM., although Mr. Ilalilwln said to
day that he was willing to take any (.oiirso tho signal corps ofikers should deslgnntc. At tho turning point
on the Alexandria route Is located Shooters' III 11, with an elevation of lr.O feet. This 13 considered n very
dealniblo spot, us It is tslxtv feel lower than the btartlng point, nt tho Kort Mov parade grounds. There are
numerous open fields In liio locality should It bo found necessary to mako n landing. Tho Kort Myer nnd
Kort Hunt teleg.apb and telephone lines pass within eight hundred' jardt, of the turning point on Shooters'
ilrslilp pitched and tossed nt n
height of 300 feet, at limes ulninst
landing on its puds, Despite tho
danger ho vns In, Curtlss confined to
work on his motor, while Captain
ilalilwln in Ills position at the rear
of the frame was unable to bo of any
When the engine stopped u de
scent was made to the cornfield.
At 7:11 p. m. tho dirigible again
went aloft and' co.mplctcd Its trip,
making the last mile In four min
Captain Ilalilwln nnd Cuitlss, In
speaking of tho accident, said they
were still confident that they would
make u success of tho next speed
"Wo seemed to hnc everything
against us." said Curtlss.
"Wc were not properly balanced
nnd had u bad side wind to work
against nil the time I would have
been ablo to make much greater
rpecd but for the breaklili; of tho
Tho board or signal officers In
charge of tho tests will meet at U
o'clock tomorrow morning it lid de
cide whothur today's 'flight shall bo
counted ns one of tho three which
Captain Ilalilwln Is allowed. Major
12. N. Museley of the Royal Knglnccrs
llrltlsli nnnV, arilved hero today, be
ing detailed by his government to
attend the Kurt Mjer tests.
"John Kmmelulli s. the Hoard of
Supervisors of tho County of Oaliu,
Territory of llawajl." After Intro
ducing the petition In the ordinary
manner. Judge Kdlngs stales that
nniong other things' which the Conn
ty Act iroldca for, It has tho follow
lllg to Ml!"
COUNTY ACT 1'IIOVISIONS
Seitton I. The Island of Oaliu
and all other Islands lit tho Territory
of Hawaii not Included In any other
county, nnd tho waters adjacent
thereto, shall be the. Countv of Oa
liu. Sec. 12. Tho officers of each coun
ty bhall be a Hoard of Supervisors, n
sheriff who shall bo ex-ofllclo coro
ner, n county clerk whii shall bo cx
ofllrlo cle'k of tho lloifd of Super
visors, mi auditor, an assessor nnd
tax collector, a county attorney, nnd
a treasurer; all ot whom except tho
supervisors shall bo elected by tho
duly iiialllled electors' ol tho County.
Sec. 12a. The. lloa-d of Supervi
sors of each count:' with tho excep
tion of-tin' coiMitles of Oaliu and Ha
waii, shall consist of one member
from each district
Sec. 1". "'lthln each nnd every
district of tho Counties of Oaliu,
Hawaii, Maul and Kauai, there shall
bo elected by the qualified electors
thereof a denuty sheriff and a deputy
assessor end lux collector.
See. 1 I. All County officers, ex-
NO IMtOCLAMATION ISSUED pa corporation, net subject to con-
That the said tcspoiulcnts. tho said trol on the part of the Territory, ox
Hoard cif Supervlsoin or the County rept In tho excrclso of tho police pow
of O.ihu, havo neglected nnd refuted er. their contracts being contracts
to Issue said proclamation concern- within the meaning of tho contract
lug county election nnd transmit clauso of tho Federal Constitution
copies ur tho sanio ' to tho several which tho States and Territories mo
Hoaids' of Inspectors throughout prohibited from Impairing,
their County and bucIi proclamations w,,y jujnICII'AL ACT IS VOID
to fost In tho manner rcqulrod by Tlnt lll0 Ea(I Act .s volll for ,naR.
law ns required to do by Section 30 mcn.
of bald Act. nml they, the said re- i.-rgtThnt m.tilclpnl taxes may
spoiidciiK tho Hoard of Supervisors ,)n 111U0SC(, ,, ,,, Btrcty rurnl .
aforesaid, decline nnd rcruso nt nny cmractcr nml therefore not capable
tlmo to Isiuo said proclamation nnd ()f roecIvK tne pencflls or iidvnn
wlll not. us your petitioner Is In- ,nKcg lwuny ,ierivcil fum municipal
formed and believes, and so alleges, ol.Rn tl zn t If n .
Issue said proclamation nt least six- Second Tlinl the boundaries of
ty days before u general election or(M( lminr,)al corporation as sought
ni nnv oiner nine ns oy s.uu m-i ic- , ,, established by said Act arc In
quired, but to to do absolutely re- Ul.curn,0p indefinite, nnd uncertain.
ruio aim ueenne, ciaimnig mm m- And your petitioner further shows
leslng flint the said act entitled "An tmil ,lu la ,,, aned. elector of
Att rreatlns Counties wlthl tho -.,. (.mlIllv ... n.., ,..,., U,M ...
Territory of Hawaii and providing a ...... or ... ...,.,. ,IV .,. ...,
government ror the Bame." ns nfore- Aet vnHicd ..All Act crctR coun
Eald. has been nndnow Is repealed ,(J3 wU,1 t,,0 TcrrUory of nIlwnl
l.y ail net Of tne ..cgisimuro oi mo ..., iiv,i. fr tiln nnvpriimont.
Territory of Hawaii, entitled "An thereof." and has u lawful right to
rtci incorpurmiiig mo v.j "bavo said respondents Issuo said iroo
County of Honolulu." approved April allmt()n ;, forp,n, , transmit
30th. A. D. 19(17. nnd Is void nnd or .., f tll0 .,, , t,,0 revt.ral
no effect mid not blndlns upon them ,,.. ,)f n8pP,.to,.H thioughout their
tho said icspondontii, In any manner
COUNTY AC IN I'OHCM
And your petitioner alleges that
the said att, nil tiled "An Act creat
ing Counties within the Territory ot
Hawaii and providing for tho gov
ernment thereof," Is in full forco and
effect; that tho said act of the Leg-
county, ns aforesaid, nnd to do and
perform nil acts nnd things required
of them by said statute.
Therefoio tho petitioner jirnys Tor
process, and asks that u writ or man
damus be issued against tho Hoaid of
Supervisors. Tho order to tho Su
poivlFors to show cause. If any, why
ii writ should not be Issued 'against
. . . ... . .. .. i
mature oi mo icrriior,- oi u.iwaii. Cm wg ,la() tKnr(, ,. Jlu,E0 ,)n
entitled "An Act liicoruoriitli." tho ,,,, nn(, ,mmei,ltcy ,,,,, j tul
City mid County or Honolulu, up- nnmIll of Dc.,uly nigh Sheriff Qeorgo
proven April ..", a. u. iyvt, is mi- Sc,, for Eorvco.
(oiutltutlumil nun voiu I'liu oi no
effect, tho same being In conlllcl with
and In opposition to nn Aet of Con
gress of tho United States ot Amer-
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