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title: 'Evening bulletin. (Honolulu [Oahu, Hawaii) 1895-1912, January 22, 1909, 3:30 EDITION, Page 3, Image 3',
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nRNtNO nUM.nTIN', HONOLULU, T. II., miDAV, JAN-22, 1900.
'' wjw pimn" mv"-na w"r nv'
,'"" ' "' ''" ,-i-i:-w- ' -.' . "
1 . .
Saturday, at 5 p.m.
Only three days left to buy Dress
and Street Hats at a "big reduction.
Trimmed Felt Hats at 33 1
Speoial Stale of
will begin on
Monday, January 25
Saturday, Jan. 23d
nilST APPEARANCE IN H0N0LU
IU OF THE
THE MACHINE THAT TALKS,
SINGS, AND ACTS.
Tickets on sale at Bergstrom Music
Co. -Prices, 15c, 25c, 35c, nnd COc.
fciH II. 11
Developing & Printing
HIS HONOR'S VETO
Particulars in Saturday's and
SACHS DRY GOODS CO.,
BERETANIA and FORT STS., opp. FIRE STATION.
It is a fact which thousands of pco
plo have demonstrated month after
month that in most lines sold in our
store our qualities are higher than
any found elsewhere and our prices
arc considerably lower.
The Benson, Smith & These foundation facts
n n P1 0 . lone make it SOUND
Co. Drug Store Service Rnnwnirfv to deal
January 23d, 1909
CORNER BETHEL AND HOTEL
To be had of members of the club
Wonderful Motion Pictures bring
ing to view scenes from many lands
and embracing Comedy and Pathos.
Two changes each week.
Monday and Thursday
Hypnotizing Mother-in-law; The
Dynamiters; Sapho; The Cowboys
Sports and Pastimes; The Champagne
Changes Mondays, Wednesdays and
ADMISSION . . 10c. and 20a
THIS IS THE DAY TO GO
Everything First Class.
Lunch or Dine
With Us Regularly.
ST. CLAIR BIDG00D Manager
Fine Wines and Liquors
L0VEJ0Y & CO, LTD.
002-004 Nuuanu Ave. Phone 308
The Encore Saloon,
Try a dripk at the new place and
have "MATT" HEFFERN serve you.
COR. HOTEL and NUUANU.
Delivered to residences
and offices af 25o per
hundred in 10-lb. lots
W. 0. BARNHART,
133 Merchant &t.
Bulletin Business Office Phone 350.
Bulletin Editorial Room Phouc 185.
THE VIANDS ARE GOOD.
THE PRICE REASONABLE.
HOTEL NEAR UNION.
HOTEL NEAR, UNION.
Call nnd hear our recoids.
Sec what the EDISON can do.
HAWAIIAN NEWS CO., LTD.
BLOW'S, THIS WEEK
Ckas. R. Frazier
fhonc 371. 122 King St.
Tho WHy rUU.on ofthe Cvrnino M A QlUlSt fc Co.
When tlio llo-ird of Supervisors met
Ian night the milliliters won so nnx
lens to get nt the Major's cto of thu
appropriation bill that All In started
(lie proceedings Ij moving that tin
rigulnr order of business bo suspend
ed nnd the dill taken up nt once
Tliern was mi objection und the
llonnl starred to get but)
It took Just nbout I line minutes
lo dispose of that veto, and the Hu
lun lsor Jumped through tlio task
ns tbouglit lt.guvo them thu lcciict'
Kind of Jo).
Supervisor Quint) prcsonlcil the rn
port of the Hoard's Committee on
lloids nnd Urldgex, nnd moveil thnl
tlio Auditor bo Instructed Id draw
warrants In p.ijmciit of the Riilnr
demands submitted. v
Thn Sin) or stated that lie did not
umslder tlio nation of the llonrd lo;
gal nnd IliM, as tlio .Municipal Act
liiiuto llllil fUrcctly uspntislhlc for nil
inoncjH pnld nut through his nets, he
must rofuso to put thn iiiestton
Hardly bad the Major finished
Breaking when A) let). Jumped to lilt
feet it ii tl began:
''Mr Maor, I "
' Keep still," commanded I,ogai
pulling the wotild-bi; orator buck In
to bis clinlr by Ills coat tails.
Logan thou went through his usu
al little speech of "regretting, Mr
Mnjor," etc, and put the question
t wnti cnrrled, onl) MiC'lollim vc
Ing ngnlnst It
Then thu salary demands for the
flie-nghteru and electrli light pur-
ve)ors were brought In Tlio same
old story was I child, not u .Magic
variation from thn hteitnt)pcd form
being used Logan put the (mention,
tlio Republican Supcivlsors jelled
"Ao" nnd McClellan growled "No'
At the suggestion of tlio Depot
City nnd County Attnrno), the n.il
nrj denmnds, passed b) tlio Hoard,
were handed over to the Major bj
the Count dork for Ills signature
lie took cull under i oiisliler,iton.
When XlitMellaii iyiiso and, ns
chairman i the Major's Committee
on Itouds'tjiil lirlilges, presentid bis
salary deiyfinels, ever) one was rend)
10 snuojun nipi on mo jjpot lyicti
madi- a Ichglliy 'speech both for und
a gal (is I, nlliiwng McClellan to be
heard, 'and Hicl obstreperous Supervi
sor was nluii'il Jo ho bottled up, w hen
llln ll.tfnitv l"7lti hM.I Pmitilv Attfitwit
!" - I
gently drew attention to tlio fad that
as n member of the llonrd of Super
visors, McClellnn had n perfect right
to bring an mutter ho chose before
Tlio Major directed Hint tlio re
port ho read, and those, nt thn other
end of tlio table demanded that I). be
"iJciillcmcn," said the Mayor, "It
m'ciiik to mo that Mr. McClellan Is
not u member of this Hoard at all
lie Is Ignored In the deliberations of
this bod) "
'Hint Hlnrtul the bilKrollIng again
nnd Ajktt diluted rules of order, leg
islative prai then and tlio procedure
of Congress to show that McClellan
did or did not liavo a right to my
mi j tiling
rinall), it was votid lo ri'coim I lie
report und table It
Hie icsolutlon uppropiutllig uinn-
(j for the pa) mi nt of uiurt Interpic
tors was letuiuid with thu follow
Ing vi lo
"Tills icKolutlim, in thn motlioili It
piovldes for drawing tlio money It ap
propriates from I ho City und Count)
Trensurj Is1 Identical with a 'Resolu
tion making appropriations for the
various services of tlio City nnd
County of Honolulu, which I return
d to joii without my npproval .Ian
ITi, l!IO!l Thn ic.iKiuis which lid mo
to withhold my npproval of that res
olution apply with equal force to
this, In mi fur ns thn methods are
(omerneil hj which tlio money ap
pioprtutul is to bo drawn from the
Tieiifciuj Those, reasons tct out nt
length In ill) (oiumunlcntliiii to joii
of January J&, 1909, I heroby re
pent, by lefercnce thereto, as my rc.l
tons for disapproving this resolution
Tlio methods of drawing tlio money
iippropilnlnl, from (ho Trensury are.
It seeiiis to me, loose, vague, and Il
legal, and In i vprtss derogation of
Section 85 of the Municipal Ait "
This messign was filed for (onsbl
eintlon and tlo Uoard adjourned un
til this afternoon at I 30 o'clock',
(Continued from Pane 1)
granted which, upon 'thu motion of
the govunor, was dissolved mil Hv
lltl dlBinlnicd ns to him. l'r.itt do
murreil to tlio bill and argued ns
mounds thereof that the bill was In
sulllclent that It did Hut nppoir thv
he. hi commissioner was doing in
nliout to do nnv net In violation of law
that plaintiff had no legal c.ipjclt) t
rue that no Injur) wni threatened in
(.thcrwlso to i Inlnt irr that he was um
Mifllclenllv Interested to be entitled I
U) InJiihUJon or lo an) rojli f In n court
oi cquii), mni ino complaint was n
proper U M rifled and that the nllegn
lion that I he d'fcndntil. as rommls
slpnor, Jind no legal nuthorltj to cx
iiinngo ptintic units, was n toniiiision
Tne deiniirn r vvns overruled, the
court holding Hint the plaintiff had the
right to bring und maintain the suit
mill thut tho propohid exchange of
lands was "unlawful, Illegal mid tin
warranted" Ten dijs vveru given to
further plead, and In default of which
the Injunction was lo lievmado jh nun
nont. The deereu wns reversed bj tin
Supremo Court of thoTcrrtor) is
Haw. 221 This writ of irror wns then
MUM- out nnd (Jtorgo II Cirtur gov
. rnor, linnied then In iu n defendnni
but tho writ wns Biibseqiiciitlj dip
iiilssed, as to him, on motion of his sin
ossor, tho present governor
Tim hupreme. Court of Hnnnll n
iiiiiod. without (ftnnltoly deciding, tha
the plalnlirr had a right to m-l i
'ho suit Tho question of thu vnlldlt)
if the exclniign It decided ng lltul nil
'(intention of the plaintiff holding lb
'bo commissioner hud Iho power to
make the nxchnngu. Of tho right in
plaintiff to sue, Hie court sulci Hint It
had bten mlJiiillcnUd In Hint tourt
ll).it a citizen nnd taxpajer had a rlghl
to ohtnlii mi Injunction against uulol.1'
acts linohlng iinaulliorlrld heo iof
imlillc fuiids. To sustain this v.cv tbli
roiirt elud Cnrtle v Minister ii VV
nniico S llnw 27, l.ucns v Anier Haw
I., dC Co. 10 Haw 80, Cntlo v Sec
retarj of tho Territory, lb 7tt It y
an Imiillcatlon, from the comment cr
he (oiirt. that the ground of those do'
"Isloiis was (ho pecuniar) loss that
would come lo the taxpa)er from tin
jctlon soiinlit to bo restrained. Ilu
tho court, liottever, went farlliir. mid
said Hint perhaps tho rliihl of tho tax
injer to "roHtialn ollli lal uils nffiet
lug public property ought not to In
lased on the iK.-ciinl.ir loss, how over
tilvlal or (oiijeeturul, but on Hie broul
ground lint nnj citizen may obtain e
judicial Inquiry Into Iho validity o
such nets, ami an Injunction ngnlusi
Ilium If foutid to bo unauthorized "
The court remarked, bemovet. that on
Dccouut or the view it entertained of
tho validity of the nets of thu ofllccrs,
it would not decide thu question of the)
right or tho plaintiff to sue On noil h
cr question are we culled upon to pass
nor nro wo required to deelelo whether
thn land laws of tho Teirllory aro l-Vd
eral statutes lij virtue or sect Inn 83 of
Its organic act, vvhlili provides that
k laws "i elating to public lands slut I
continue In force until Congress shall
cthorvvlsv provide, and that tburefor
u I'lderal iiuestloii s Involved in the
case Wo nave held Hint tho Jurlsilic
Hon of this court can onl) bo Invoked
by n part) having a personal Inttn-si
in thn litigation. Smith v Indiana, 191
U S MS, 148
The plaintiff has not such nil Inter
est Ho nuns ns a puiporlj owner unci
uxpayer, ami thu icllef hu asks Is a'l
Injunction against the commission r
if public lands, to icMrnlii Mm from
xchinglng the land I ele:terllied In, the
bill for other lands It Is (onti uiP'il
that such action Is Illegal, be cause
Unit officer has no power to oxchang
lands under le jse. nor ban ho power to
exchange' lands uxiupt In ptiicolx oi
not mi t one thousand aoreii Tho ion
tvlltloii Is haseel on tho puivlsu of be c
Hon '.'7i; cf tho llovlsed Laws of Ha
wall We give Iho section In tin um
gin. and also section 252 mill "!?
cause corns, sometimes, and then comfort ceases. Chi
ropodists arc to b: soupht if ou have not the imple
ments for the rcracval of the offending visitor We
have CORN KNIVES. CORN RAZORS. CORN PLAS
"TERS, CORN CURES.
Benson, Smith & Co., Ltd.,
HOiEL AND FORT STREETS.
which must bn con llir-u In c 'tun r
tlim with .1 ll nigiiiiiint o ui mil
iho com. in Ion I tint Hi pin im,
must li'' titlilei Flood In tin trd I ll
nicalliv uf limiting or quafirvlng b
I needing subject matter nnd to tin
carving out then from some p i lal
matter mid It Is Insisted, giving Ih.
piovlso Hint purpose the specially
e.irvnl out unit t. r "Is the ruiuiii nn n'
of an miction site lu the .ac of tin
exchange id laud" leaving as applh
able to such exchange nil fie title i
limitations The Supreme tourt if
the Tcpdtor) is wo have si ell declj
oil against the contention Let m
giant, argue ndo lb it the dcclsl in nm
be disputed, wluil Injur) lias p aim If
bhown Hint he will surfer bv tin e
cliang"' What injury Indeeil has lie
kliown. cither to the Terrltorj or le
mi lnii)ir of tho Tirrltor)'
Tlu pliilinlff nllegos that he ts n tax
piver but does not allege nnv tiling
fioin whldi It can be lufine'd that he
1I1 be liijureil us ll tuxptver subject
In a blirili ll us such It Is true ll If
IIckccI Hint Hie lands whleli are of
rereil for exchange nr, under leiso (in
tonus vai v Ing (nun iwiutj live lo Ihlr
ty five years at a n ntnl of sixteen him
(I red dollars Hut It Is also alleged
that (be purpose formed bj Hie gov
ernor mid (Oiumlssloiier, mid the pur
pose adveillnd b) Ihein, was lu get
(or Hie lands other lauds of equal value
i ntl or greater Immediate servlco to
the Territorial government The sub
"lis brought to restrain Hie imcuiIoi
of thai purpo o IU nellt, then toie im
inliirv iippai.'iiHv iiinv result from tb
HXChnuge atlel so t ir us we lire In
Icirnu d b) the record It tun) lie eve
benefit to tln isillcv which ilslntlif
ll Clares It Is the pllliK)o or tile Hu
InwB or the Territory to promote im
upon which he, lu part, liases his In
terpretation ot them, the pollt) of en
eoiir.iglng "tlio settlement ami lioin
iteuilltig of public lands," and the
"parcelling out" of them ' lu limit
irons on favorable tonus " Tlio pluli
tiff takes pilns to Justlfv this Infer
nice for he livers that the eXcliauui
Is not pro oscd for se'ttlement of rights
or claims, nor for the use of ro ids. u ir
for the site or sites of Hie government
blinding or buildings nor for any oth
cr government purpose Therefore a
plilntlfl has mi personal Inteiest In
Hu mailer In lltlgitloii the writ o
erior Is , DUmlned
rW'Tor Sale" card at Bulletin
' ; ' "-
Owner of an old mercantile .houcc
wishes to associate himself with a
business man who is willing to take
an nettve part and nut $5000 into the
business to enlarge it. Absolntcl
safe. Legitimate returns nssurcd
Bank and commercial references.
For particulars apply
P. E. R. Strauch
WAITY JlLTin 74 8. KINO ST
What apot i these Islands tan ex
cccd the great Waimea Plains in
beauty, climate and diversity of scen
ery! City folK m want oi rest ana
recreation will learn with pleasurf
that the Waimea Home of Mr David
Forbes. late Manacer of Eukuihaele. ,
is now in the hands of Mr II Akona.
the well-known Chef ,
The nrcmis'S may be rented fur
nished by week or month on reason
eble terms Anply to
II AK0NA WAIMEA HAWAII
P 0 Address Kawaiha'
A FINE LINE OF
Book Cases and Filing
- LOOSE-LEAF DEVICES
TYPEWRITER SUPPLIES. ..
Office Supply CoJJd,
031 FORT ST
13" MERCHANT STREET
LOTS FOR SALIi
8 KAPI0LAN1 PARK) ADDITION
and other desirable localities
For Sale at a Bargain rrectisei
tt Hauula on the beach, a two-ttory
louse and furniture, at a bargain.
IfENRY MAY & CO., LTD.
The latwtand largest assortment
of hand-made and painted leathei
postcards in Hawaiian Views, Flow
in and Fruits, at
WEEDON'S CURIOSITY BAZAAR
Hotel St.. bet. Bethel and Nuuann
Purest Flavor Highest Quality
Guaranteed Absolutely Pure.
FOR SALE AT ALL BARS
Bulletin Business Office Phone 250.
Bulletin Editonnl Room Phone J85.
imunuiHT l'OSTni) on eczkma
Di'llclln gives a complete surimary of
the news of the day.
FORT AND KING STREETS.
Hczema suffcicrs should ask their
ramllrpli)sltlan oi Hid Honolulu Drug
Co of Hits (It) "hat rcpuiU are being
received Horn Iho pitlentH who have
been treating the skin with oil of win
te rgimi liquid as compounded lu I) I)
Ban Prune Iseo Merchants' Assoc la
tlou idiots in war against high
fi eight rates clnrged b) trnnscoutl j
THE CHEAPEST and FINEST
, for all Metal Surfaces
A 20-ounce package
costs SOc; when mixed
with a gallon of gaso
line, it makes a full
gallon of the best pol
ish known today.
Nothing can equal it
for metal fixings of
ships, saloons, build
ings, nutos, etc.
Schuman Carnage Co.
EXCLUSIVE AGENTS. V
-Ji.j.l-.. Jt VMUM M.I1 ij