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ADLY and WEEKLY Published by BULLETIN PUBLISHING CO., LTD.
At 120 King Street. Honolulu, Territory of Hawaii
Daily every day except Sunday. Weekly issued on Tuesday of each week.
MEMBER OF THE ASSOCIATED PRESI.
Waitae R. Purrlngton,
r Monlh, uj-whtrt In U.S ) .78
Per Qiartcr, atijrwher In U.9 a.oo
Per Yaar, anrherc inU.S M.oo
Per Year, postpaid, foreign la.oo
CIBCULATIQN LABOEST OF ANY NEWSPAPER PUBLISHED
in the Territory of Hawaii
TV J Editorial Rooms, - 185
at W' 1
If you have built castles in the
air, your work need not be lost;
that is where they should be built;
now put foundations under them.
Certainly tho holiday season la to
IjcbIii early this year, ar I nccordlns
to every Indication, stay late
It Is again north whllo to suggest
Hint whatever your prejudices may bo
In favor of an: rthcr paper im nvul
get tho llulletlti if ou would
have the news first.
Promotion Commltteo worked
should not fall to Includu the couciu.l
Ing paragraph of Congressman Il-iii-holdts
letter In their literature. It Is
the right Idea put In style .ticoud to
Honolulu ml il $200,000 for Its Y.
M. C. A. h.-.'. ., is In recent time and
properly pinned Itself as having done
well. As further evidence that Y. M.
C. A. buildings nre believed to be good
investments a rerent news Item from
the mainland announces that tho di
rectors of the Santa Fo railway have
decided to erect Y. M. C. A. buildings I
costing $150,000 at the division points!
of tho railway sjstem. Willi several
iulldtngs each to coat $150,000 to bo
built by one railway, the various in
terests of all Honolulu rhould bo will
ing to give even more- than they have
In the past to maintain a glowing Y.
M. C. A. if money Is needed.
Ono characteristic has dominium
...... In .....nil... -. till.. nn. ......... It ! '
a certain section of this community
during the period of the recent
struggle to sustain law and order
ngaln3t alien forces aided by
tnraltors In the ranks of citi
zens who should stand for even
handed justice. This minority cle
ment ah s been In constant fear
that the men caught In open
and flagrant violation of the law, to
the extent of jeopardizing life and
property, should suffer the full pen
alty for their crimes and misdemean
ors. Victims of the thucs nr the
would-be assassins have had second J
consideration. Majesty of tho !
American law should bow tho fear
some and fawning knee to tho culp
rits. J I n
MR. BABIHOLDT'S LETTER.
Congressman Ilartholdt's letter to
the St. Louis Globe-Democrat, ap
pearing on page twelve of this Issue,
Is especially commended to tho read
ers of tho H u 1 1 o 1 1 n. Mr. Ilarth
oldt wrote tho letter whllo tho Im
pressions gained from the hasty trip
about the Islands were qulto fresh
In his mind, and at tho same tlmo
he had had a day or two In which to
sift definite conclusions from tho
array of facts assembled during tho
Of couise it is gratifying to the
people of Honolulu that the denn of
the Congressional delegation should!
have druwn such favorable conclu
sions. Our people will also believe
him to bo thoroughly sincere. It Is
sometimes felt that the guest and
sightseer says pleasant things, with
out tolling untruths, while he Is still
a guest, because ho would bo Impo
lite to do otherwise.
We always feol certain, however,
that what a Congressman says to his
constituents ho is willing to stand
by tlnough thick and thin. And or
course Mr. Ilartholdt was speaking
to his constituents when ho wroto
over his own signature for the St.
INTERSTATE COMMERCE LAW
Application of tho Interstate com
merce law for tho protection of Ha
waii's shippers lends special Inter
," est to tho following query made to
the New York Journal of Commerce
and tho response made by ttio law
department of that Important finan
cial Journal :
HONOLULU. Sopt. 17, 1809.
, A railroad company In this
-, Territory made, before annexa
tion ot theso Islands to the
jUnllod. States, ka contract wltji
"otne plantations, grnjitjrigtheni ,
. ' specialirrelght- fates which "aro
PAYABLE IN AD7ARCX.
Per Sit Mouim .Ho
Per Year, inrwheietnUd I.oo
Pel Year anr'thtrc n Canada,., l.fto
Per Year poslpald.foieicn a.uo
Entered at the !toffirs? it tlnoolula
u srcotit. clan muter.
OCTOBER 29, 1009
lower than the rates charged
ordinary shippers or consignees.
This contract has not jet expir
ed, nnd the railroad company
claims that until It does expire
the Interstate Commerce law
cannot prevent it from discrimi
nating against ordinary parties
not acting ns agents for tho
plantations, even when they
Blilp or recelvo freight under
the same conditions and In the
same quantities us the planta
tions do. We purchaso from
ono of the plantations a few
carloads of its pioditcc, and on
paying the freight nt this end
we Mud that tho rail load com
pany wants to charge us the
regular rate Instead of the spe
cial one which the plantation
would have paid If the said car
loads had been consigned to Its
agents instead of to ourselves.
If we are right In claiming that
wo are entitled to the special
plantation freight rate what
steps have we to tako to pro
tect ourselves? CONSIGNEES.
Iteply "The Interstate Commerce
Actl i lts original form, applied to
commerce between n State and n
-Territory or between a Stnto nnd the
District of Columbia, or between two
Territories, but thcro was always
considerable doubt as to Its applica
bility to commerce entirely within a
Territory. This doubt was removed
by the amendment of 190C, which
expressly Included within the cases
to bo covered bv the net rnmmorro
between ono phico In any Territory
nnd another ploco In tho same Terri
tory. This law Is now applicable to
commerce beginning and ending In
the Territory of Hawaii. There has
always been more or less conflict as
to tho validity ot a contract contrary
to tho statute In cases in which tho
contract was made baforo tho law
was enacted. Tho better opinion
seems to be that the contract, as to
the future, must give way to the
plain provisions ot tho law. It is
to be remembered. In this connec
tion, that n common carrier's agree
ment to disci Imlnato between cits
toiiu'is was, If not illegal, nt least
not enforceable even at common law.
If the Interstate Commerce Act docs
not npply our correspondents are
without remedy. They cun not. claim,
as a right, uny benefit undera con
tract made between a enrrler nnd a
shipper, even though they buy goods
from that shipper. Their only hope
of a remedy U to bring the matter
to the, attention of the Interstate
Commerce Commission or tho
Governor Frear Will
Oovernor Frear Is working on the
message) that will be submitted to the
special session of the Ieglslaturc
which convenes Tuesday, It is ex
pected thnt It will deul nt length with
tho questions Involved In tho prompt
action of tho Legislative branch of
the Government In either opprovlng
tho tentative draft of tho amendments
that will be submitted to It or offering
a substltuto when It Is not satisfied,
It Is believed that tho work of .the
special session will bo concluded with
in five days but thcro Is a strong pos
sibility that it will oxlond over tho
week. Tho Legislature Ib a law unto
Itself when It onco convenes nnd U
rot restricted to tho purpose for which
tho special session was called.
The absentees In the Senate Include
Senator Falrchlld of Kauai nnd Sen
ator The latter Is a Democrat nnd
It Is stated that a cablo was sent to
him on tho coast ns soon ns it was
learned that n apodal rcsslon was to
18J1 ollorlal rooms 250 busl
nen'offle.., Ttien'-rejth. UJepho.it
niimWi o; ti Bullttln offlc..' ..
I Trent Trust Co., Ltd.
1460 Emma St 3 B. R. .
819 Beretania St . . . . .2 B. R. .
Kaimuki . . .2 B. R. .
Pawaa 4 B. R. .
1654 Young St 2 B. R. .
283 Vineyard '. . . .3 B. R. .
725 Kinau 3 B. R. .
1703 Young St ' 4 B. R. .
1475 Thurston ave 4 B. R. .
1280 Beretania 5 B. R. .
Wainane .'.4B. R. .
Waikiki t . . .2 B. R. .
Waikiki 2 B. R. .
1311 Beretania 3 B. R. .
Kaimuki 2 B. R. .
Nuuann Valley 5 B. R. .
Trent Trust Co., Ltd.
Bishop Trust Co.,
STOCKS AND BONDS.
REAL ESTATE MORTGAGES.
MONEY TO LOAN ON LISTED COL
LATERAL OR PRODUCTIVE
043 BETHEL STREET.
PACIFIC MAIL IS QIVEN
DAMAGES BY .DOLE.
(Continned front Pace ')
cd States couit, liullou, MiClanahan
and Cooper appearing for tho Pa
cific Mail, tho owners of the dredge
Pacific being represented by Nathan
Frank of San Frnncltco, E. M. Wat
son nnd the Ann ot Holmes, Stanley
& Olson. ,
Tho accident for which the dam
ages were recovered occurred on No
vember 10, 1905, In Honolulu, when,
In maneuvering preparatory to leav-j
Ing on her voynge to Yokohama, a
heavy wlro cable and anchor chain ;
lying near the bottom of tho hnr-1
bor fouled the Siberia's starboard,
propeller. It was contended thnt It (
was found 'Impossible to remove tho(
wlro cnblo from tno propeller anil
that after a delay ot more than sev
en hours tho master decided to pro-1
cecd on his voyage. At Yokohama
the cable was removed, after work
ing three days nnd one night, and I
that upon the return voyage of tho
REAL ESTATE FOR
A genuine bargain in good resi
dential section, suitable for small
A story and a half home with all
modern improvements, stables, ware
Building lots in Manoa Valley,
Kaimv.ki Park and Waialae Tracts.
Cash or installments.
Unfurnished houses in College
Hills, King Street, Pawaa, Matlock
A partially furnished cottage on
beach at Waikiki.
Port and Merchant Streets,
Frequent the Alexander
Young Cafe in preference
to any other. They hab
itually speak of it as
Open from G a. m. to
11:30 p. m.
In Your Business
Siberia to San Francisco It was found
necessary toiplace the liner In dry
dock for the purposes of survey, tho
docking, surveying and repairing
consuming five days and four nights.
It was the contention ot the attor
neys for the Pacific Mall thnt tho
wlro cable which,' fouled tho Siberia's
propeller was In use by tho dredge
Pacific In connection with Its dredg
ing operations In tho harbor of 'Ho
nolulu. In the courso of his doclslon,
Judge Dolo declares thnt "the main
Issue of fnct in this case Is the
question whether tho wlro cable
which, attached to the chain ot n
buoy In the harbor, fouled tho star
boaid propeller of tho Siberia, was
the pioperty ot tho claimant or In In
use by tho libelee. If tho court
should find thnt such cablo was not
the property of tho claimant, or a
cable used by tho libelee, thnt would
dispose of the caso In favor of tho
After dealing exhaustively with
tho many technicalities and varying
evidence that was presented nt the
trial bearing upon the responsibility
of tho dredge Pacific for the cable
that caused tho trouble, Judge Dole's
Question of Expense.
Tho Siberia was Justified In pro
ceeding with her freight nnd pas
sengers to the next port on her
schedule, nnd that was tho courso
most favornblo to the llbcllcc .In tho
matter ot damages, as tho other pos
sible courso her ieturn to Stilt
Francisco for dockage and repairs,
would hnvo Involved expenses In re
lation to conveyance of tho malls,
passengers and freight to their des
tination by nnother vessel, with tho
probable delays Incident to Buch nn
enterprise, which must Inevitably
hnvo bctn far beyond the compara
tively minor expenses cnuscd by Her
own contlnunnca of the voynge.
Tho negligence of the llbellco was
tho efficient bauso of nil Injuries ic
sultlng from the fouling. Including
thoBO which necessarily occurred by
reason of tho continuance ot tho
voyage, so far, at least, ns to bo
within reach of dockngo facilities,
and It Is liable therefor, except tho
damage caused by the looso ends ot
tho wlro cable, which might hnvo
been removed In Honolulu.
"At this "point the question arises
ns tcTthe liability of the Ubellee for
such Injuries us wero caused on the,
return trip from tho Orient to San
Francisco, for It appears by tho tes
timony of Mr. Ueaton, in cross-ex-nminntlon,
who was the superintend;
ent of tho Snn Francisco, dry dock"",
that he thinks there wero facilities
for dry docking In China or Japan
nn.d that the Siberia had been dry
ducked there on n former trip. He
Is (not suro nbout this, but Bays, "1
think there are, but I don't know.
I nm pretty suro thut she was on
there. Certainly I don't know, but
that Is my Impression.' Neither sldo
carried this point further. Tho
nbovo testimony Is, to my mind,
hardly deflnlto enough to Justify tho
court In holding tho llbcllnnt to the
responsibility for such Injuries ns
may hnvo resulted from tho continu
ance of the voyage to Sin Francisco
without going Into dry dock In
China or Japan.
ConMi'unblo -jvi-l -i-i- wis iliuwn
em! coiiecnim? tin. necessity of d.'ck'.
.ng tho hSIbcrl.i upon the completion or
her voynge. It Is peifcetly elu-ir to
me that it wn3 necessary, tho Informa
tion In the pvi-oMui of tho viu.ip.iuV
:n regars to tli i accident, tho work of
the divers In llimolul.i and Yokuhniivi
rnd tho dlmlnisliol speed of the poi
poller, was K-iTcienl to Justify ihi
rlaclng of th-i Mil-) In dry duk fd
investigation, n-i l In order til d vh:U
nuch Invcstlg.H.i u might thou- to b.
r.ecessnry. "Although the ibtl Awt
not specifically refer to tho expenses
of the repainting ns a basis foi dam
ages. It might bo regarded us within
the general allegation of Injuilcs
caused by tho negllgenca of the libel
lco. It certainly was necessary to pro
vent Injury In tho dry dock. Libel
ant's answer to tho first Interrogatory
cf the amended answer asking for the
Items making up tho damaged prnyed
tor, contains no referenco to a claim
for repainting. Testimony was how
ever tntiodiicod by llbellant, wlthnin
opposition, showing thu expences of
such repainting, aggregating nbout
tl3."i0. According to tlfo testimony of
Itnllton tho llbollant's auditor, tho
Siberia was customarily docked fo
cleaning and. painting every fourth voy.
ngo; and according to Hamilton, chin'
engineer of tho Siberia, sho wns usual
ly dockeil every third voyage, and this
wns her thirteenth voyage and sho had
not been docked slnco her tenth voy
ngo. In view of this evidence I do not
find that tho repainting Is an cqultnhle
charge against tlo Ubellee. It may be
that tho Siberia would hnvo been
docked nt that tlmo In tho regular
course of things for cleaning and paint
Ing, If tho other cause for docking hod
not arisen. Such action wns duo clth
er then or nt tho end of tho noxt voy
nge. tno necobslty of painting, which
developed, was equally an opportunity,
ns tho Siberia theieby cecnped tho us
ual docVago charges which would
range from $225G.S0 to $1513.00. This
point suggests n wldo field of conjee
lure; for Instance to tako ono proposi
tion. If tho evidence had shown that
the Siberia would havo dry-docked at
filch tlmo for painting, would Ilhellnnt
bo entitled to dockage fees for moro
than tho surplus tlmo for renalrs?
Tho nbovo finding, charging llbellant
witn ono half of tho expenses relating
io tno injuries to propeller blades, to
tho nuts fastening them to thn hub.
r.nd to tho picking gland forward of
V uLCMU UAMJ '
The Ardold" Knit Diaper does away with all these disadvantages
and is inexpensive; $2.50 to $4 per doz.
The Bishop Trust Company,
BEO to announce that on January 1st, 1010, they wilt
open a Ladles' Department In connection with
their Trust business, whero Indies, desirous of sav
ing money, or with property Interests, or funds to
. Invest may call or correspond and receive advice ns to
, opening a bank account, putting their funds out at Inter-.,
est, buying rcnl cstato. stocks or bonds, or Investing In
nny other class of security. Under the Laws of tho .Ter
ritory a woman can hold property In her own rlgl.t.
Tho Illshop Trust Company feel thnt they havo been
fortunate In securing for this Department the services of
Miss J. T. Maclntyro, who Is well known In tho business
community of Honolulu ns tho manager for eight, years
past of Illshop & Company's Savings Hank. Miss Macln
tyro will havo an oraco In tho Illshop Trust Company's
Ilulldlng on Bethel Street, where sho will he found dally
from 9 to 12, after the 1st of Janunry,
All accounts'and. transactions strictly confidential.
the hub, raises tho question whether'
tho llbellant should he held respons
ible fur a tart of tho dockago fees and
tho demurrage on this account. I nni
of tho opinion that It should bo bo held
nt a part of tho results ot Its neg
ligence. "It ib fortunate that In this caso a
topy of tho bill for tho repairs made
to tho Siberia III dry dock of Injuries
which were tho result of tho fouling,
Is a part ot tho record, as llbellant'
Exhibit 6. This bill, which is In con
ildcrnhlo detail, shows tho number of
hours expended In repairing tho In
juries for which tho llbellant Is found
to be partially responsible, to bo n
little oer ouc-flflh, or 22 tier cent, of
the number of hours charged In mak
ing the total repairs. With this thow:
lug, I find that the llbellant should be
held responsible for 11 per cent of tho
dockngo fees nnd 11 per cent of the
proper charge for delay In San Fran
"Tho charge of J15 932.00 for dry
(locking, which Is based on charges of '
20 cents n ton for day tlmo and 10
tents a ton for night tlmo; the tonnage
of tho Siberia being 11,281, nnd !1..V)
en hour for IX hours' uo of tho air
compressor, $1.50 an hour for 72 hours'
uso of tho steam cipst-in. Is dl-.nlnlthe 1
by 11 per cent of tint amount, which
Is $1752.59. leailng $14 18001 ns tho
amount to bo nllowcd for dockago.
"Tho Item for services of diver in
Honolulu of $l(l-J0, Is redu:ed to $10,
"Tho Item of $300 lor seven hours'
delay of Siberia In Honolulu Is ro
dticed to $230.45 In accordance with
tho finding o ntho next Item. .
"Tho Item" of I0C0 for delay In Sin
Francisco is reduced to $.1131.75, It be-1
Ing shown :lut her nve'. ngo net earn
Ings for her pievloiM twclvo voyages
was $858.f.S4 a day, and that sho had
been delayed In starting on her next
voyngu nfto rtho docking and because
of It, four days; mid further reduced
by $377.82 11 per cent of thnt amount,
The claim of llbcllnnt by Items, ns
modified and allowed by tho court la nr
follows: a. Machncry repalra on Si
beria. $3007.30; b. Survejs of Si
beria and reports thereon $200; c
Drydocklng of Slberli, $11,180.01; d.
Services of Diver in Honolulu, $10,
e. Services of diver In Jnpm. -$123;
f. Delay of Slborli In Honolulu
$250.45; g. Delay of Siberia In San
Francisco, $3050.93. Total $20,759.73
"A decree will be signed for this
amount In favor of tho llbellant, with
Interest from Mnrch 12th, 1900, the
dato of the amendment of tho llbol on
exceptions, with costs, except those ac
cruing on tho exceptions to tho libel
nnd on llbollant's motion to amend the
RUBBER U WAGON
Honolulu has been provided with nn
up-to-dnte sight-seeing automobile. The
car, which can carry twenty ordinary
b!zo passengers, has been Imported by
the von Hnmm-Young garago and will
be used In making around tho Island
Tho "Rapid." nB It Is known, looks
very llko an oidlnnry tally-ho, and han
n top and Eldo iftilelda that can ho let
down In caso of rain. Tho tires nre
of solid rubber nnd tho car can nttnln
a pneo of torao twenty miles an hour
Tho rubber-neck wngon thould be
come very popular In Honolulu, nnd If
Among all the improved garments for the
babies introduced by the manufacturers of "Arnold"
goods, there isn't one that has greater influence
for the babies' good health and comfort than the
"Arnold" Knit Diaper.
The usual linen or cotton diaper will draw
when wet, ' is cold and irritating to the child, and
is the cause of much inflamation. It is hard to
wash, dires slowly, and, being cut square, can never
be applied to the baby so that it will be unconv
i I !
sw ev?yr "' .
Furniture, Floors and
wooaworK, iook nice 5
ANYBODY CAN APPLY IT.
Removes ell scratches and other
marks of wear and tear and X
x gives' now life and lustre to X
5 anything made of wood.
For New or Old Floors f
It Is the best Finish on the
Made In 8 colors and Clear to
match all kinds of woods.
FOR SALE BY
THE0. H. DAVLES & CO..
modirato charges r.ro niado for tho
run niuiiud Oahu, tho car will prob
ably bo crowded every Sunday,
Mra. ricinnr Illvcnburgh, author ot
many sunt nnd popular snngB, has
composed two new hulas which nro
now being published by tho I'aradlso
of tho I'nilllc, an.l will bo on salu noxt
Monday. They mo both citchy nnd
mo suro to make n hit. "Hnnalel" Is
n sentimental song with u very nttriiP
llvo tit Io cover. The other ''I.elleliun,"
was written in honor of tallchua mil
The correct visiting card'
should be printed from a cod
per plate and on the finest
let us show you samples of
our copper nlate work our
engravers are artists and we
pay close attention to the ex
ecution of every order.
It F. Wichman
& Co.. Ltd.,