Newspaper Page Text
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I III I I'M ! Ill" "
' tbv 'T
Evening ' Bulletin
From San Francisco: .
Chlnn Jan. 23
For San Francisco:
Mongolia Jan.. 29
Aorangl . . .,; Feb. C
Moana Feb. 3
Nearlv everyone rcids a newspaper.
About all the particular and discern-
- ing people in Honolulu read the
Bulletin. A Want Ad. in a pa
per like the Bulletin is sure to
I reach people that can and will buy.
NOTHING MAKES BUSINESS SO QUIET AS A LULL IN ADVERTISING
VOL. XI. NO. 4215.
8 PAGES. HONOLULU, TERRITORY OF HAWAU, FRIDAY, JANUARY 22, 1809. 8 FAOES.
PRICE 5 CENTS.
t ru z y
WASHINGTON, D. C, Jan. 21. The appropriation item for the sur
vey of Kahului harbor is assured of passage at this session of Congress.
TIiIh cablegram received Into jesterday afternoon means that the
work started by the Kalitilul Railroad Company for the development o(
Kahului harbor will be taken up by the Federal (lovernment. Tha sur
vey In tlio llrst move.
IS UP TO MAYOR
Will the Mayor countersign Iho
snlary demands passed last night by
thu Ikranl of Supervisors, or will ho
not? That Is the (mention that ev
crjbody Is asking at the City Hall
this morning. Thu Issue Is squarely
up to the Mayor, according to tho
City Attorney's oHlce. and, whatever
his action, It Is believed that a spee
dy setlement of at IcaBt a part of tho
differences between the Maor umt
the Hoard of Supervisors can be bot
tled. TJie salary demands, passed last
night by tho Hoard, are now in tho
Mayor's possession, he having asked
time to consider the mutter bofoie
nmxlng his signature or returning
them unsigned, lie bus been grant
cd the time, as required by law.
Should the Mayor countersign the
demands, the Auditor will Issue war
runts and the Hoard's emplojes will
be paid. Should the Mayor decline,
to countersign them, the matter will
be taken into the courts at once,
there being something to hang a test
What action tho Mayor proposes
to tako with regard to the salary do
ma mis, he declines to say. Ho Is pro
bubly contemplating seeking legal
counsel to determine. JusJ; what hU
tights innybo In the matteV.
The law does not say that the dc-
jnnnds must be approved by the May-
iii, but that they must bo "counter
signed." Deputy City Attorney Mil-
vcrton holds that the countersigning
or tho demands, after they havo
been puBsed by tho Hoard, is a routine
action concerning the performance of
which Iho Mayor bus no discretion.
Ho is inclined to balleve that tho
Mayor has no authority, under tho
law, to hold up tho demands, or to
decline to placo his signature thcic
to, It the Hoard lins decided that they
shall bo passed.
Should tho Mayor decide other
wise and refuse, to countersign the
salary demands, the matter will be
taken Into the court. Probably the
SOLID WHITE AND STRIPED
?P and 5p Oil
These are all new Spring Goods, and correctly tailor
ed in the Spring Fashions.
Take a look at them in our windows then come, in
and try on a pair. They give a stunning effect with a
first move of the Hoard will bo to
bring action on tho ground that the
Major has no discretionary power re
gaidlpg tho countersigning of de
mands. Should that full to hold, they
may work on the basis that the de
mands, having been legally passed
he had no valid reason for holding
Kegnrdlng the appropriation bill,
passed last night over the Mayor's
veto, Mttverttm calls attentiou to
Section 20 of the MunlcIpal'Act,
which" says "... the Mayor shall
return m Mi bill or resolution to'the
Hoard wlthliwten days after receiv
ing it, .- . , If he disapprove It. he
shall upeclfy his objections thereto In
writing. . , "The objections of the
Mayor shall be entered at large In
tho Journul ot the Hoard, and tho
Hoard shall, after five days and with
in thirty days, after such bill or res
olution shall havo been returned,
reconsider and vote on the same. If
the samo shall, upon reconsideration,
bo aguin passed by tho afllrmutlvo
voto ot not less than flvo members
of tho Hoard, the presiding oincer
shall certify that fact on tho bill or
lesolutlon . . "
As to what action he wjll take. If
the demands are presented to htm,
Auditor Hlckncll will not say. He
states that ho has been considering
the matter carefully, and has taken
counsel with Iho City Attorney's of
fice, but is not prepared to hazard
a guess at this time concerning his
piobalilo action. It Is generally be
lieved that ho will-make out tho war
ning. This morning tho City and County
(Continued on Page 2)
We Ship Fruit
again by the
Hiloiiian, Jan. 26,
Island Fruit Co.,
72 S. KING. PHONE 15.
INVESTIGATE SUGAR TRUST
Justice McKenna Wrote
Copies ot the opinion In the I.ant.1
else were received today. I.. (,. .Me
Cnndlcss was n;ktl whether ho In
tended to 4'i any further with (lhi
mutter and stated that he would hao
to havo time to consTTer. The opin
ion of the court follows:
I,. I,. McCandless, l'lalntlfT In Krror,
'vs. James W Pratt. Commissioner
of Public Lands of tho Territory
of Hawaii. In orror to the Su
preme Court of tho Territory of
(December 21, 190S.)
Mr. Justice McKenna delivered tho
opinion of the Court.
Tho plaluilff In orror, who was plain
tiff In the court below, and whom
therefore wo shall refer to us plaintiff,
brought this suit In the Circuit Court
of the First Judicial Circuit. Territory
of Hawaii, at chambers, to enjoin
Cloorgo It. Carter, Oovernor of the Ter
ritory, and the defendant, Commission
er of Public Lands of the Territory,
from exchanging certain lands of tho
Territory for other lands.
The governor promulgated, on 29th
of November, 190G, tho" following ord
er: "Lanal Uinds Nbtico Is hereby giv
en that having decided an exchange ot
the imbllo lands ot tho Island Of Lanal
to bo advisable, the commissioner of
I ubllo lands Is prepared to rcce( vo of
fers of father lands that aro equal In
wiluo to those of Lanal, and of grcnter
Immediate service to tho Territorial
government, from any responsible per
son, up to and Including Saturday, thu
fifteenth day of December. 190C."
Tho Island of Lanal contains u total
area of 8C.40U acres, of which tho Ter
ritory owns 47.G7U acres. The lands
owned by tho Territory aro divided In
to flvo tracts, and are under lease to
one Charles Gay fof unnual rentals
which amount In all to tho sum of
11600. Theso facts aro alleged In tho
bill, and that tho tracts aru of great
Value one containing 8000 acres ot
land, which is good grating bind, and
has thi co miles ot sea frontago, and
extends luland six miles, bolug worth
JJO.000. Another tract. It is ulteged.
Is of tho same kind ot land, and has a
sea frontage of Iho and one half miles
and an Inland depth of six mllos, und
Is worth J37.000. Tho other tracts aro
of tho yaluo of $5,000.
It Is alleged that 1'ratt, as commis
sioner, threatens to and will exchange
such lauds for other lands If ho re
ceives nn offer therefor from n re
sjionslblo person, nnd that thu govern
or will consent and npprovo tho ex
change unless ho and Pratt bo en
joined. It Is further alleged that Pratt
has no legal right to make tho ex
change nor tho governor to approve It.
It is further alleged that thu Intend
ed and proposed uxchango ot lands "Is
not proposed by way of compromise or
equitable, settlement of tho rights of
any claimants, nor by way of uxchango
for parcels of lands acquired (or any
road or roads, nor for a situ or sites of
u government building or buildings,
nor for any other governmental pur
loso or purposes."
An Injunction was prayed against
the exchange and against Issuing land
patents for thu lands received In ex
change.. A teniKirary Injunction was
( Continued on Page 3)
Will Now -
When you put off
making out your will
because "there's plen
ty .of time for THAT.'
you are forclngayour
family to take a risk
of toting the estate.
There's no reason
for putting It off when
we are willing to pre
pare your will free ot
TURN LAND LAWS I CARTER CASE CALLED
-f The following' bill was Intro-
f duced by Delegate Kulilo Jan. 4:
A Hill lo amend an Act entitled
"An Act to provide a govern-
went for the Territory of llu-
f woll," apprtived April thirtieth, -f
He. It enacjed by tho Senate
-t- and lloiiso ofjtlcpresentatlvcs of
the United Spates of America In
Congress assembled, That sec-
Itou suventyjtnrce of the Act en-
titled "An Act to provide a gov
f ernnicnt for the Territory of Ha
wall." approved April thirtieth, -f
nineteen bundled, be amended by
tho addition of the following-
"Tho leglslatiuo of the Territory
of Hawaii shall have power to -t-alter,
amend, or repeat the land
laws applicable to the Territory
on and nftor the paisuge of this -f
Something' will Be Doing
In Upfinished -Cases
A roll call ot Uttlwuurt adminis
trators, ,executors and guardians has
been compiled by Clerk Hlmonton of
Judge Hobinson's court and has been
submitted to tho Chief Justice. In tho
report Slmontou says:
Honorable A. 8. Hartwoll. Chief Jus
tice ot the Supreme Court, Terri
tory of Hawaii.
Sir: Following Is a memorandum
ot probate matters pending In Circuit
Court of tho First Judicial Circuit. Ter-
rltory ot Hawullpnnd remaining und In
IHised of, Instituted and commenced
before tho Honorable V. J. Iloblusoii,
Third Judgo of said Court, from the
I7th day of February, A, D. 1902, tho
date, on which ho took ofllco as such
Third Judge, up to and Including tho
ist iiny or uecemner, A. u. 1908:
Prior to January. 1908. each Circuit
Judge of the First Circuit presided ut
chambers and took up probate and oth
er chambers matters from onu to three
weeks, when all such matters, under
rules of Court, wuru taken up nnd dis
posed of by tlio other Circuit Judges
In rotation. Under tho system then
In voguo It was practlcallyslmposslblu
for clthor of tho Circuit Judges to
know tho exact status of uvory probatu
manor osmunenceu uvroro mm; but
under tho present practice, whoro each
Circuit Judgo presides at chambers for
ono year. It will be an easy matter to
keop In touch with each and every pro
ceeding had and taken by executors,
administrators and guardians in Uie
discharge of his or her trust. So far
as tho matters heretofore referred to
as remaining undisposed of are con
cerned, I am forced to the conclusion
that negligence has been shown by tho
various executors, administrators and
In order to ascertain the exact num
ber of probate matters remaining un
disposed of, Instituted nnd commenced
ncroro tlio said Third Judgo, I exam
ined tho Index to tho Clerk's minutes I
slncq the date of tho taking of onicol
by said Third Judgo up to and Incliid-
(Continued on Page 4)
WE SO THE
because we have the boyi who realize
the value of Time, We should have
A Little of Yours.
SERVICE. PHONE 381.
Mrs. Kaae Must Hurry
Or Risk Removal
It now seems as Iflhc end of tho
litigation In thu matter of thu estate
of Margaret V Carter, which has been
dragging on In thu Circuit Court for
tho past six years, was Dually In sight.
Today Judge lloblnson from the bench
expressed his dissatisfaction with the
way In which things had been going,
or rather standing still, and whllo ho
granted the continuance which was,
us per usual, asked for by the ex
ecutrix and administratrix ot thu es
tate, Mrs. Jessie K. Kaao, ho de
clared that In QKfr her accounts were
not In shape within live days, ho would
bo ready lo tako drastic measures.
Thu matter was brought up on a
motion filed by the guardian of thu
tight minor children or thu latu Mrs.
Curtor, IMgar Henrlquus, that thu ad
ministratrix be ordered to show cause
why she had not filed her l)nal ac
counts, although she had been ordered
to file, them by last July. C. W. Ash
fqrd represented Mrs. Ktue and E. A.
Douthltt thu guardian
Ashford began by stating that tho
mutter of the accounts had buan In thu
hands of hlnwulf and John Colburn, the
Mimiginan o; mo, aciminwrsirix, anu
Mrs. Kaae was theruforu not to bla'ino.
In Order (o complete the accounts cor
lulu documents, which wero. In Col
bum's OHKeslQn, must be consulted,
but lheo,'httd been tnlslld, und had
t-.ot beon re-discovered beforoljibout
Christmas. Since tho last order hod
been issued neither Colburn nor Ash
ford had had the time to attend to
theso accounts, as their timo had been
occupied with other pressing matters.
"This matter should have had your
first attention," said Judge lloblnson.
"It Is a parody of Justice It Is soveu
years that this mutter has been drag-
it has hung over my head
llku tho sword of Damocles ever since
I have been on the bench."
Ashford said It had, not been such
a long' time as' -Lhut) but Douthltt
showed by record' that -tho will had
been Jlleil tor iit'iitit six Voars-ago;
Ashford asked tor a clntlnuanco for
Tho 'Court held that this was nn un
reasonably long Uino, .especially In
vlow-wf tho fact that dining alt thoso
years not a singlo voucher hail boon
filed showing thnt anything had been
spent for the maintenance of tho chil
dren. "There Is no provision as to that In
tho will," said Ashford.
"Thero cannot bb under tho law,"
answered tho Court. 'Tho estato
should bo promptly scttlod In ontor
that tho beneficiaries riiay get tho ben
efits from It."
After somo further talk about the
continuance, during which tho Court
usked Douthltt what ho had to Bay
aboiit tho mattor, and received tho re
ply that Douthltt would leavo It In thu
hands of tho Court, thu motion was
"I will contlnuo tho matter until noxt
Wednesday," said Judgo IlobliiBon.
"With tho understanding thnt If the
accounts are not then presented, tho
Court will entertain a motlou for nn
order.to show cause why tho executrix
should not only bo removed, but ulso
Thomas A. Day, pioneer and con
tractor of Ban Francisco, stricken by
death nftor dressing In bedroom.
FRENCH GUM DROPS.
ALEXANDER YOUNG CAFE.
MAUI JUDGE NAMED
WASHINGTON, D. C, Jan. 22. SeUen Kintrsbury has been appoin
ted Circuit Judge for the Maui circuit to succeed A, N Kepoikai, resigned.
WASHINGTON, D. C. Jan. 22. The Fortifications JilU introduced
today carries an item of $337,000. for coast batteries for the defense of
Hawaii. A million dollars for the same purpose is given for the Philip
pines. Investigate Sugar
... ... i
WASHINGTON, D. C, Jan. 22.-rThe Senate has asked for the cor
respondence relating to tb absorption of the Pennsylvania Refining
company oy me sugar xrusi.
WASHINGTON, D. C, Jan. 22.
ate for the construction of two additional battleships, and hns retained
the Ave destroyer favorably repot
JOHANNESBURG, Sith Africa,
men were drowned today in a flooded
SMYRNA, Asia Minor, Jan, 22. An earthquake shock was experi
enced here today.
CONFERENCE WILL FAIL
LONDON, England, Jan. 22. It
Naval Conference will end in failure.
Flvo tluys and twp hours from thu
time sho left Hnckfcld wharf hcioj
until she reached San Francisco, was
the record made by the Chlyo Marti
from heru to San Francisco on her
maiden trip. A cable, received here, was thought npt unlikely that nn uf
unnounces that tho Chlyo reached tho fort would bo inadu to lower tho roc
City of tho (lolden ante ut 1 1 o'clock ord made by the Tcnyo.
At Just 9 o'clock Sunday morning
kho Chlyo backed out of her berth
nt U'e Huckfeld wharf hero and be
gan to turn around, preparatory to
starting on her run east About un
hour was used up in leaving tho har
bor, so tho stnit (rum outside tho
I -J 'Jsr.
Aiiglo-Callforulau bank and London
Paris national of Sail Francisco uie
Differences between C. C. Sttivonson
and his daughter, Mrs, Albert Ke.'irn,
stir fiishlonable church In S.in Rafael
In a Store in which all the Attention is centercl upon ONE
Buy Them from Us
Because we have the finest nnd largest stock of Roods to se
The House lias voted to appropri
t:d by th: Naval Committee.
Jan. 22. One hundred and sixty
gold mine. Ten of the number were
is believed that the International
leets was made at about 10 o'clock.'
For the Mrst two dajs of tho tllp
tho Chljo kept up u rccurd-hrcaklu
clip nnd, as tho lce president ot tht
To)o Klsen Kiilsha was on board. It
i The lecord of five days nnd one
hour Is second only to thnt hold by
the Ten) ii That Mlip mndo tho dis
tance, on her mnlden run, In foui
(Iii)h ami eighteen hours. Thu two
next best ireords wero made by tho
Nippon .Muni nnd tho China, both
fit ii days and two hours. ' ' .
The Improvement Clubs' commlttiK
on tenement legislation recommcniU
It o passage of nil act giving thu super
Uois iHiwer to rugulntu pol shops,
llshmiirkets, carpenter shops, etc.
Chairs, Rockers, and Tables
NEW LOT JUBT RECEIVED.
J. Hopp & Co.,
(LEWERS & COOKE BLDG.)
023 FORT ST.
The Kash Co., Ltd.,
Corner of Fort and Hotel Sts.
Manufacturers' Shoe Co., Ltd.,
1051 FORT ST. The Place To Buy Shoes, TEL. 282.
,,,. - . . . ...Jr .lA. , .