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EVENING DULLET1N, HONOLULU, T IT, MONDAY, JAN. 18, 1909.
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Evening Bulletin, '
Honolulu, III.
1 -i. : k x-a h . ' j 'j &
Governor Explains
First Amendment
PROVISIONS OF LAW THAT APPLY ONLY TO NE WMEXICO AND All-
IZONA HAWAII EXCEPTED IN BILL TO AMEND OUR
ORGANIC ACT FINAL STATEMENT ON
AMENDMENT BILL
Governor Froar's statement before j Imlf the cost of Unit connection
Senate Committee on Pacific Islands.
(Continued from Saturday)
The Chairman 1 think jou are
right about that, Senator,
Senntor Flint Now, Mr. McClel-
lan, state the sections that are In
this bill which arc not In the other
bill.
Mr. McClollan The sections con
tained In the bill approved by Gov
ernor Carter which are not contained
In the bill which he vetoed are cc
tlonn 2, 7, 8, and 9, As I have Just
stated, section T gives to the Lahalnn
Company the power to charge consu
mers one-half the cost and expense of
making connections between the
company's nearest line of supply and
the premises where the. electricity is
to bo used Section 8 gives them the
right to take over and hold other
property. Section 9 gives them the
power to mortgage and to Issue
bonds.
Senator Hint Was there any-
Senator Warner I do not think It
Ij that-wny in the lty In which I
live.
Senator Milton I e n n small
town about the size of this commu
nity, and that Is the charge for con
nection for water and also for elec
tric light.
Tho Chairman I thought of ask
ing that question It would seem
that the provision ought to ho the
same.
Mr. McClellnn Itli reference to
the question of pa) lug one-half the
expenses, that provision is copied
vcibatlni from the provision in the
franchise which Congress passed Mime
five tears ago for Honolulu. The
Honolulu franchise It, of course, a
valuable franchise and It was voty
carefully considered, 1 think, both In
the House and Senate It was shown
there that that privilege hnd nlwo)s
been exercised, and the committees
both in the House nnd Sonnto became
thing In the bill of tho territorial satisfied that It was a reasonable pro
legislature which the governor vetoed vision. This provision as carried bj
giving more power to the person or) the legislature was copied verbatim
corporation kecking the franchise from the Honolulu franchise,
than the bill that Is before us? Tl0 Clarmnn- was going to
Mr. McClellan Yes; tho bill suggest, In addition, that it the l.n
which the governor vetoed gave that halna Company does not ask for that
company a 35-ear franchise, while w0 need not forco It upon them. If
tho bill before us which ho vetoed they had asked for It. us they did nt
has u term revocable at the will of Walluku, I would let It pass; but if
Congress. they are satisfied It need not go In
The Chairman What reasons did U there any further comment ou
tho governor assign, if any at all, for
his action when he vetoed the bill?
Mr. McClellan Ills chief objec
want to make, Mr McClellan?
Mr. McClellan- I should like to
ask. In view of the fact that every
tlons were that the franchise was for objection which was raised by Sen-
the entire Island of Maul; that It
was for thirty-five jears, and that It
contained nb provision for regulat
ing the rates to consumers. Every
one of these objections have been
met by amendments made by tho low
er house of Congress. An a matter
ot fact, tho I.ahalna bill, which tho
governor approved, contained all but
ono of the features he objected to In
the Walluku bill, and In addition
contained distinct privileges that
were not in tho vetoed bill at all.
Senator Flint How do tho two
cities compare In population?
Mr. McClellan There uro about
3000 peoplo In Walluku and 2500 In
Uihalnn.
Senator Flint Thero are 3000 peo
ple In the city whoso hill was vo
te cd?
Mr. McClollan Yes.
Senator Flint And 2500 In tho
other?
Mr. McClellan And 2500 in the
town whoso bill ho approved.
The Chairman Tho bills as thoy
are before us now are practically tho
same? I huve not had a chance to
compare them.
Mr. McClellan Thoy still have
the additional privileges to the town
of Uihalna.
Tho Chairman What are they?
Mr. McClellan Those referred to
In sections 2, 7, 8, and 9.
Senator Warner You spoko a mo
ment ago about charging one-half tho
cost ot making the connection. Vhut
section Is that hi?
Tho Chairman It Is section 7 ot
Senate bill 7G97.
Senator Warner It Is Senate hill
7C98 that we have now before us.
Mr. McClellan That prlvllego Is
not in tho other bill. In Senato bill
7C98. The hill that was vetoed did
not contain that prlvllego to the
company. The cpuipany whoso bill
was vetoed received fewer privileges
than tho one whose hill tho governor
approved.
Senator Warner That Is In tho
other bill, section 7.
Tho Chairman At tho foot of
page 5.
Mr. McClollan I would say to the
committee that I am not tho attorney
of these companies. I mil speaking
simply on behalf of the Delegate, who
Is, of course, Interested In all mattcis
for tho Torrltory and doalrcs to huve
these measures put through, because
these communities want the futilities
to i having electric light.
The Chairman You have no Inter
est of any kind in this franchise?
Mr. McClellan Absolutely none,
either direct or Indirect.
Senator Warner I should like to
make an Inquiry. I am not Bufil
clently familiar with section 7 of Sen
ntc bill 7097, .which provides that
"Said company shall nlsu luivo tho
right to thnrge consumers, or appli
cants for the use ot electricity, for
one-halt ot thb cost nnd expense of
making connections between the
company's nearest lino of supply und
the premises whore tho electricity Is
to be used "
That Is not In the other bill. Is
that provision customary?
Senator Mlltnu I think it Is. Ilcio
conies a wire down 'the streot; 1 have
it run over to my house,' and I pay
utor Clny or anyone m far as I have
been nble to read the Ilccord Is mot
by nn examination of the bill, whe
ther tho committee could seo Its wny
to a format report of tho hill now.
Senator Flint I move that the bill
ljtfore.ua bo favorably reported,
i The Chairman Is there any objec
tion to a favorable report on this
bill?
Senntor Milton So far as 1 see,
nothing. ,
Senator Warner Nono that I see,
unless I should como to the conclu
sion that n chargo of one-half the
cost of making tho connection Is un
unreasonable one.
Senator Milton I was talking to
tho Governor Just now as to the ques
tion of notice In Senate bill 76115,
section 5 on page 3. It says In lino
17, "after public notice." I suggest
ed that It might be a good idea to
put in a minimum notice, nnd he
suggested an amendment, to nuke tho
cIjuso rend!
"And after public notice published
for a period ot not less ttian thirty
(It) s In a newspaper or nowspapeis
of general ilrculatlon in the Terri
tory." Tho Chairman I think that ought
to be In.
Senator Milton Then, In the same,
section, ou page 0, line 3, where it
reads "tho commissioner, with tho
approval of the governor, shall pre
scribe," Insert tho words, "as pie
scribed above In the case of a home
stead agreement,"
Tho Chairman Then there is an
other amendment suggested by th
Governor.
Governor Frear It Is In regard to
remoyal ot officers, that we may re
move from ofllce for cause, Inserting
tho words "for cause."
Tho Chairman "For cause affect
ing him in the discharge of his
duty," or some such phrase ns that?
Senator Warner Wo will take tho
phrase. In tho statute Almost every
State linn such n statute. Wo havo
that kind of a phrase In our statute.
Wo will look that up. ,
Tho Chairman I will put In tho
phrase from our statute It wub
passed ou by our Supremo Court In
one or two instances.
The committee (at 12 o'clock and
15 minutes p. in ) adjourned.
BRIEF STATEMENT
In Support of a Bill (S. 7695, 60th
Coup,, 2d Bess.) to Amend the
Organic Act of Hawaii, by Wal
ter F. Frear, Governor of Ha
waii. Mr. Frear This Is a bill to amend
eleven sections and repeal ono section
of the organic act of tho Territory.
Its most Important and most pressing
feature is the amendment ot the laud
laws; hut practically all the impor
tant amendments which tho experi
ence of eight jears has shown to he
deslrahlo havo been Incorporated,
with u view to obviating as far ns
possible tho necessity of furthor
ninendmonts for uMenst a long time
to como, Tho sections of tho act will
he considered In their older:
Section 1 Amending
Section 5 of the Organic Act
Section 5 of the organic act pro
vides that tho Constitution and luwn
of the United States shall nppl) to
Hawaii, hut only so far us applicable
and with n proviso express!) except
ing sections 1 850 und 1890 of the He
vised Statute The amendment en
larges the exception by Including oth
er sections of the Merited Statutes
mid certain Inter statutes. Tho main
object of the amendment Ii to re
move the uncertain!), which has not
Infieqiientl) canted dlflleult), ns to
whether the provisions of the organic
act lire exclusive in rcgnrd to the
subjects to which they relate or
whether other piovlslons iifthi' fed
eral laws which were enacted with
special refcrenco to other Territories,
although In general terms, npply also
to Hawaii, notwithstanding the spe
cial provisions of the organic act of
Hawaii upon tho same subject.
The method of stutlng the amend
ment, namely, by I eft-rente to the fin
al repot t ot the commission to rev he
and codify tho Inws of the United
Stntes, dated December 16, 190G, In
stead of enumerating the statutes in
question, Is adopted partly for brev-
It), because, the list of statutes would
Ik somewhat lengthy, and paitly for
convenience', because all theso stat
utes are collected nnd set forth In ono
place In this report Tho exclusion
of these statutes from application to
Hawaii has the Indorsement'of the
disinterested commissioners appoint
ed to revise nnd codify the lawn of
the United Stntes under authority ot
Congress, for nil tho statutes in quoii
t'on are included In a chapter (Tltlo
M.IV, chapter 2, of the report), the
first section of which, has been pre
pared und Inserted b) the commission
as follows:
'Sec. 5817 The provisions of this
chapter that are general In their
terms shall be applicable only to the
Territories of New Mcxlio nnd All
ium; nnd the words 'any Territory
ami 'each Territory,' und oilier words
of like import, wherever they occur
I nany of the following sections of
this chapter, shall bo taken to mean
sild Territories, und no other."
This method of legislation by ref
eience Is not without precedent. For
example, In section 7 of tho organic
net many Hawaiian laws .were re
pealed by reference to nil uncnactel
compilation prcpard by an Individual,
nnd, If I remember rightly, the laws
of Oregon were made to npply to
Alaska und part of those of Arkansas
tu Indian Territory by reference.
Section 2, Amending Section 26
Tho object of this Is to Increase tho
pay of members of tho legislature
f i om $400 to $000 for a icgulnr ses
sion nnd abolish tho compensation for
liny extrn session.
Three classes of sessions nro novy
provided for by the orgnulc net,
namely, regular sessions, special ses
sions, and extra sessions. The last
named Is tho session which tho gov
ernor I obliged to cnll Immediately
after u regulnr session In ease tho
legislature falls to make the neces
sary appropriations during the regu
lar session. Tho legislature regular
I) failed to pass the necessary appio
prlatlous at tho regular session In or
der that they might obtain tho pay
($200) for the extra session, which
of course wns very short. This was
dene until Congress began to make
appropriations far expenses of tho
legislature with n proviso that thero
should ho no compensation for nn ex
tra session. The nmendmont Incor
porates this proviso as a permanent
piovlslnn, and tho Biliary of the regu
lar session Is Increased by tho amount
of tho salary thus done away with
for nn cxtia tAislon.
It is desirable that tho salary for
tho regular session should bo In
ci eased. The session Is sixty days In
length, exclusive of Sundn)s and holl
du)s; living at the capltul is some
what expensive, and thoso reasons, ns
well as tho creation of numerous of
fices with higher salaries under the
lecently established county govern
ments, has made It difficult In tome
of the islands to obtain the best men
for tho legislature. With tho pres
ent low salary, legislators nro often
placed before the end of the session
In tho embarrassing position of feel
ing obliged to borrow from pcrwins
who have pending bills. These sala
ries are paid by tho Territory.
Section 3, Amending Section 62
Tho amendment Incidentally omits
n long provlwi which wub of n tem
porary nature nnd has Bcrvcd Its pur
pose. .The main object of tho nmendmont
Is tu do away with tho uncertainty
caused by tho word "biennially" aft
er tho word "made " As matter of
fatt appropriations nro made as K
rule only at the regular biennial ses
sions mid for tho biennial fiscal pe
riod, but tho presence of tho word bi
ennially where It is has given rise to
differences of opinion as to whether
appropriations may ho made nt spe
cial sessions, ns to whether they may
be made nt regular sessions for tho
balance of n biennial period not then
expired, and us to whether they may
be made to extend beyond a particu
lar biennial period, us, for Instance,
for tho pui pose of completing n con
tract or for tho purposo of continu
ously devoting the proceeds ot ccr
taln taxes or tho levenues from ecr
taln properties to certain objects,
i i
Joiepli I'. Mltthelson of Chicago
has not only n greater arlety of
$2.50 gold-pieces than the Govern
ment, hut In addition several sped-niens-of
which the mint has no record,
LECTURES
I MISS LOCKE will lecture at the
A MINT rilJlQTUIQr I AUJ. residence of Mrs. 0. B. Wood to the
ttUUUI MMUIHIUL L.ini
DELEGATE WRITES
Delegate Krilanlanaolo has vrltitn
the Chamber of Commerce tho follow
lug letter In trgiird to the coastwise
hipping law, under date of December
28:
"Innsniiich as there seems tu be u
tciitlmont In Honolulu that an) con
cession to us on the coastwise Inns
might li ail to enforced restriction or
our tariff privileges. I hnvn todii) t:t
I led )our Chamber calling attention to
the fact that the Philippines havu nl
lendy been permanently released from
const wlso testrlctlons, by a bill n-
pioved April 29 of this )car. Ill spite
of the fact that this special concession
lias Just been given them on coastwise
rhlpplng, both for freight and passen
gers, it Is now conceded that this will
ut onco be followed oy granting them
further und highly valuable, tariff con
cessions. This affords nn example of
the fact that tariff and coastwise laws
uro considered as separate matters
hero nt the Capital und that action on
one Is not made dependent on the oth
er, nor U ii concession nn coiMwIse
privileges considered ati) reason for
limiting luilff privileges
"During the whole ellsctixsioii or mi
oastwlsn bill last )ear no uppim, m
of tho measure nt an) time suggest,-.!
that It was u violation of tbo prop i
tlvo tnrlrf s)stem or a (lorded an) iu
boh or uxcusu for even Migostlng mi)
change In Hawaii's tariff privileges
"I havo now dcclelcd to hold in)
shipping hill In committee for tho prcs
ent und to ugaln bring nil Intliienco to
bear in favor of mall subsidy It will
probably ho decided by thu lust of
January whether or not u mall siilald)
measure can bu put thioiigh tho House
"If tho mall subsidy me'asiiro nsaln
tails, as now seems llkel), I shall tin n
endeavor to get my special bill
through tho Senate, modified In Hue
with jour lust resolution, and provld
lug thu community really desires the
legislation I do not, however, care- to
mako special efforts to hc-uro leglsla
tlou which the community docs not do-Mm."
ART CLASS
The Sculpture of Egypt, Oicece, and
The Italian Renaissance.
8 Lectures . .$0.00
TRIDAYS January 15, 22, 2D and
February 5,
THURSDAYS February 11, 18, 25
and March 4
AT 3 30 ? M.
PHYSCHOLOGY
Text Eook Varieties of Religious
Experience Prof Wm. James
0 Lectures S3 00
WEDNESDAYS Jan 20, 27, and
I February 3.
MONDAYS February 8, 15 and 22.'
AT 10 A. M.
tDliON
0,11111 RAILROAa
REDUCES RATES
Tho O. It. & I,. Co. lias decided to
lower Its rntes, tho change coming into
effect March 1.
Tho new rules are liaseil ou threu
tents pur mile, llrst-clnss single fares,
-V4 cunts per mile, second class Jdnglo
fnres, nnd 2V4 cents per mile, first
class return, nnd two cents per mile
for second-class return.
Tho old nnd tho new rntes, round
trip, from Honolulu, nro us follows
Old rate. Now rate
To Kahilkll $1.00 $3 55
Walalua 3 20 2 80
Wiilanuo . . 1 90 , 1 CS
KwaMlll 1.20 .90
Wuhluwii 1.75 1 23
Walpnhu 85 .70
l'oarl City 80 ,i;o
Aieu 55 .15
Formerly tho use of 1000 mllo tickets
wero confined to purchasers only, hut
now can bo useel by nny pciMin pre
senting them. If the futher of a fnm
lly has n 1000-mllo ticket and takes his
family along, tho conductor will ac
cept tickets for tho cntlro family from
tho ono book. Otherwise tho price ban
not changed. ,
ino week-end tickets of $2.00 to
The Ideal
PHONOGRAPH.
Cat! and hear a record at
HAWAIIAN NEWS CO., LTD.
YOUNG BUILDING
CASTOR I A
For Infants and Children.
The Kind You Have Always Bought
Bears tho
Slguatur
o f G&&ffi&Zihe
TO TILE
Holiday-Seeking
Public
What spot i these Islands can ex
ceed the great Waimea Plains in
beauty, climate and diversity of scen
ery! City folk in want of rest and
recreation will learn with pleasure
that the' Waimea Home of Mr. David
Forbes, late Manager of Kukuihaele,
is now in the hands of Mr. II. Akona,
the well-known Chef.
The premises may be rented fun
nithed by week or month on reason
able terms. Apply to
H; AKONA, WAIMEA, HAWAII
P.-O. Address. Kawaihae.
Millinery
LADIES' FELT HATS. FEATHERS,
RIBBONS. FLOWERS, CHIF
FONS, WIRES
Art Sold at Very Reasonable Prices,
Wire Frames Made to Order.
K. Isoshinia,
30 KING ST.
Hnlelwa nnd return, and $2 50 to Ka I f Jt VITi rAWOM
liuku ami return, will not bo changed IU Jt X 0. KjV
For special trains rates are established
by tho Intcrstato Commerce Coinmts
tlon. Tho rnto Is $2 per mllo for cu
glno mill conch nnd $1 a mllo for each
uddltloual coach.
BEATS ROOSEVELT
(Special to tho II u I lo 1 1 n)
WAII.UKU, Maul. Jim. 1G. An
ient? V. Mnrclel of Kiiupo, aged BC,
gallantly rode Into Walluku from
Kniipo via Knhlklnul, last Thursday
afternoon, und although ho left his
liimio In the morning und more than
threo-fourths of thp 15 miles wero
over rugged Invn rocks, tho veteran
rancher from Kuupo was ns active ns
a joung man of forty, nnd did not
frel much fntlguo after his trip. The
1'iesldcnt recently used up four
hoises while trjlng to show army
officers that It wns not much of a
feat to rldo 100 miles on horseback.
butMho President tuny take n hack
seat when In ininpany with Kaupos
tough ildor.
MRS. KEP0IKAI RETURNED
(Spoclal to tho II ill let In)
WAIUJKU, Maul, Jan 15 Mrs
A, N. Kcpolluil Is expected home to
night from Waimea, Hawaii, whlthor
uho went it louple of weeks ago on u
visit to her sister, Mrs Maltha Spen
cer, In response to a wireless mes
sage stating that the latter was quite
III Tho letuin of Mrs, Kepolkat
would Indicate that Mrs. Spencer has
fully recovereel from her recent at
tack of parnl)sts.
CN
137 MERCHANT STREET.
LOTS FOR SALE
KAPI0LANI PARK ADDITION
and other desirable localities.
For Sale at a Bargain Freuiies
At Hauula on the beach, a two-story
house and furniture- at a bargain.
A FINE LINE OF
Globe-Wernicke
Book Cases and Filing
Cabinets
LOOSE-LEAF DEVICES
TYPEWRITER SUPPLIES.
Office Supply Co.,Ltd.
031 FORT ST.
Unique
Chinese Goods
Wing Wo Tai & Co.
941 NUUANU ST
MANY "BUBBLES" GO UP IN
SMOKE IN BOSTON FIRE
IIOSTON, Miibs., Jan. 17. Three
hundred and forty-eight automobile
weio destrc)od In a Are hero today.
The machines weio stoied In a garage)
which vvus elestiei)ed. The loss totals,
tlire'C-quiirters ot a million dollars.
Auto for ire
MANUEL P.EI3. Call np at any
time by telephone any one of these
numbers: 200. 200, 1097.
Fainttilliuory ,'
BEAUTIFUL STYLES
NOW ON EXHIBITION.
MISS POWER'S
BO'JTON BLDO., FORT ST. j
"fal ISiiW.i II liwsjuill lljitllilH n HJ", KJT,
