Newspaper Page Text
r
EVENINQ DULLETIN, HONOLULU, T. H, WEDNE8DAY, APR. 19, 1911.
i.
t.
f
EMIGRATION
LAW IN COURT
si legations In tlio petition for writ nf
'habeas corpus nrc mcro conclusions
of law, In which enso tho petitioner
' I has not sot tip facts which would make
the operation or tho Btatuto tinconstl
ttitlannl, or llicy nro statements of
fnct, In which csro Im cannot coinplnln
Hint wo set up facts In reply
Another case showing how tlio va
lidity of a statute depend upon tlio ex
istence of outside conditions Ib tho
enso of .McLean vs. Arkansas, 21 1 U.
S. D33.
tlonnllty of the lnv Is nssnlloel. on
grounds similar to tills that tho con
stitutionality depends to sonic oxtcnt , T1Q Arknnn R,n0 mn(Io t ,
upon tho existence cvt n stnto of fact
which does not mm ennnot in tho na
ture of thltiKH appear ou.tuo fnco of
the law Itself, Sometimes, tlio court
takes Judicial ktiQwIcilgc of tho exist
ence of ruth facts and sometimes It
declines to do bo. How aio such fuels
to ho brought to tho attention of the
lourt If not on tlio pleadings?
A Rood exnmplo, of tlio nlldlty o.f
the law depending on the existing
stato of facts Id that of tho so-called
(leorgln Jllnw Post ptatuto which was
held constitutional in Southern Rail
way vs. KJrig. 217 V S..52I.
In this tnsq the flcnrgln Statute pro
ldcil that there should bo a post four
hundred yards from all tullroad cross
iiiRS where, tho engineer Bhould blow
his whistle nnd check speed so as to
jdop In tlmo should any pcrhon -Jjo
crossing tho track. Tho ipicsllou
nroFc whether this was art unreason
nblo Interference wllli Interstate com
merce and tho court stated tho epics
Hon as follows;
"Crossings may be so situated In
rofcTenco to cuts nnd curves ns to ren
der them highly dangerous to those
using the public highways They may
ho in or near towns or cities sothat
to approach them nt a high speed
would bo nttended with great damage
to ilfo or limb. On tho other hand,
highway crossings may bo so iiumor
nns and so near together that to re-'
fiulru intcrstato trains to slacken speed
Indiscriminately nt all such crossings
would ho prnctlcally destructive of tta'
siicicssful operation of such passenger
trains, statutes which rcmilre) tho
speed of micli trains to bo checked at
all crossings so situated might lint
only bo a regulation but also a dliect
burden upon inlcrstalo commerce, and
therefore bevond tho power of tho
Htate lej enact."
Tills shows clearly that tho const!
liitlouallty of n statute may depend
upon fncls not before tho court. In tho
case in question tho railway mado tho
allegation In Its amended answer that
"It Is Impossible to do nil Interstnto
business nnd at the samo tlmo comply
with the terms nf tho stnttilo
A majority of tho Supremo Court
thought this was n mcro conclusion
nnd did not set up facts which would
make the operation of tlio statute un
constitutional Justices Holmes, nnd
White dissented on tho ground that: It
was n statement of fnct which would
havo authorized tho rallwny to ndduco
eldcnco In support of It.
Tho application of this enso to the
case nt bar Is obvious. Hither tho nl-
(4) That ho pay a license fco
130 00.
Tlio Comptroller hnd power to ap
provo or dlRapprovo tho application
and tlio license was revocable nl nil
times for cause. Tho law exompted
nil persons who had receled on depos
it tho averago sum of not less than
$500.00 during tho preceding year us
of'rcnson, or ns against any class em
braced, tho law is unconstitutional, it
Is old as to nil."
Hatch s. Itenrdon, 201 If H KO, mini
cd In Territory vb. Miguel, 18 Haw
402, 404. Boo also In ro Alcherly, 19
Haw. MS, r!2
Some nf tho annllcntlons of this
pilnclpte by the Supremo Court of tho
well its Individual bankers doing bus- United States, aro ns follows:
Iness under tho banking law, hotel
keepers, express companies, etc Tho
petitioner specifically alleged In that
lawful thatany mine owner who had
ivn or mora men cmninvcii unucr-
.grotiud to'pnsirt'nnl over a screen bo
lero paving miners by weight. It wns
nllegod that this was an unreasonable
Interference with the liberty of a con
tract The court cald;
"If there existed a condition of af
fairs concerning which the loglslaturo
of the State, exercising Its conceded
right to enact laws for tlio protection
of tlio health, tnfety or welfnro of tho
people, might pass tlio hw, .11 must bo
Fiistatncd; If suih action wns nrhltrn
ry Interference with the right to con
tract or carry on business, nnd Inning
no Just relation to tlio protection or
tho public within the scopa nf legisla
tive power, the "act must fall."
Tho existence of the condition of af
fairs referred to was shown In Hint
case by reference to tho testimony of
witnesses before nn Industrial commis
sion authorized by Congress. This wns
of courso murli less satisfactory than
having tlio witnessed before the court
Itself The decision of the court In
tho enso wns In ouhtaiu tho constitu
tionality of tho law, tho court saying:
"It Is not for us to say whether theso
nro actual conditions. It Is sufficient
to say that It was n situation brought
to tho attention of the legislature con
cerning which It wns entitled In Judge
and act for Itself In tho excrclso of Its
lawful power to pass remedial legisla
tion." It oftcti occurs that statutes which
appear to be harsh cm their faco aro
nevertheless necessnry and proper In
connection with facts which actually
exlkt. A good cxamplo of this Is a
case decided by the United Stnles Su
piemo Court January 3rd nf tho pres
ent year In Kngcl vs. O'Mnlley III Sup.
Ct. Hep Adv. Sheets, 100. holding n
New York slntuto constitutional. Tho
statute provided n person engaging In
tjio business of receiving deposits nf
inonej for safe keeping or for the pur
poso of transmission to another with
out n llcenso from tho Comptroller
wns guilty of a misdemeanor. Tho re
quirements for obtaining a license
wero
(1) That tho applicant must have
t c Bided llvo jenrs In tho United Stales.
(2) That be should deposit $10,000
with tho Comptroller:
C!) That ho Bhould present n bond
with n penalty nf not more than $10,
000 nor less than $10,000 to bo llxed by
iho Comptroller, conditioned upon tlio
faithful performance of tho duties undertaken;
A Honor dealer selling without a II
cense cannot complain of the uncon
Etltutlnnnllty of tho licensing act In
enso what lie docs' not nllego in this, 4 that it docs not nllovv females In a sa
that ho has not tho mentis to mnko Iho loon, bo not being iv fenmlo nor repio
elcposlt mid glvn Uie bond mid (lint Iho scntlng one. Cronln vs. Adams, 192
enforcement of tho law would drive IT. 8. 108
him out of business Shareholders owing no debts cannot
It will be seeir that as an nbstract complain nf Illegality of method of do
proposition this law. Is much more ducting debts liwn taxation scheme
onerous In lis terms than tlio omlgrnnU Supervisors vs. Stanley, J0.1 IT. S, :10.",
ngeilt act jiow before the court. Noth- 311
lug on the faco of tho law Indicated I Plnlnllrt having been more than flvo
Its purpose but tho court states thatioars a resident of tho United States
It. ... I.. I.-. , - ., . t t 1 f .., .1... l....n I 1.1 It ..
uiu iiiiHiucss uucmicu in no rcguincen icnuuui complain u im inttiiiuiij u,
wns otio inrgoty clono witn poor and lg- a requirement or nvo jears residence
nnrnnt Immigrants cspeclnlly nn their for obtaining a llcenso to do it private
first arrival, nnd referred to "tho quasi hanking business. Kngcl vs. O'Mnllej,
HAWAII FRIENDS
NOW IN CONGRESS
paternal relations shown In nrgument
and by documents to exist between
thoso following tho plaintiff's calling
and newly arrived Immigrants," as
til Supremo Court lleportor Advnnco
Sheets, 100.
Alleged nrbltrnry power to rcfuso a
license to sell cigarettes is not nvnn
Justifying n supervision inoro paternal 'able to ono who has not applied for
BY AUTHORITY
ACT 101.
AX ACT -
To lil.tliri.A1i: 11th .ANlTACTl'lti: Of Pol
oi: S.u:.
lie it lhmcUtl by the Lcilnhitmc of the Tcrriluiy of Hawaii:
St t-iio.N 1. Xo shop or biiili.iiiK.iui tlio niuiiufnetiiri! or wile
of ioi or puiiii "Slinll Iw cic'crucl, iiuiintniuc.'tl, itseil or operated
except its hereinafter jnoviileil.
St.nto.N 2. Kvorv sticli i-lioi) or Imililiiig shall he laid with
cement Hours, vvilli cement siilo walls lo it licif-ht of nt least two
feel mid draining lo it Imp eonnciieil with a cesspool, mow. or, or
hiieli other liieitlis for tlio propel' (lispo-wl of clniiiiuc, :ts liui.v
lie itpprovecl liy tlio IJonrtl of Henllli. Xo-sueli simp or linililinj;
i-li.ill be iiiniiitniiiecl, used or opernled in iiny jilwo wbere there
is not available nn adequate supply of pine wilier, or which is
incitpnblo f pioper drainage, or which is mi situated that the poi
or pain! inannfai'tnied thereat milit, in tho opinion of said
lio.ud, lie contaitiinated or infivted by reanm of proximity lo
tiny stable, laundry, iih.iltoir or other place at wliiehiany.bu.si
uess or process is carried on or condition maintained which, in
hiieli opinion, iniejil be a sou ice of.hiicli eontamiuatiou or iufeo
tion; nor, while tiny such shop of building i boinj; mi tu-ed,
iliiill tiny such hlable, laundry, aballoir or otlier place Iw iier
niitled to bo e.stnblibheij in Htieh prosiinity theielo us to be, in
the opinion of sitid Hoard, n on ice of eonlauiiiuiliou or iufee-
lion to the poi or pniai iiuiuuluetiired thereat. .No t.itt-li sliop or
buildiup; shall bo maintained, used or operated lor any other
purpose, than tho nuiuufnctiire of.pni or juiiai; nor unices only
jmre water thall be used thereat and proper drainage maintained
thin ('for; nor unless it shall be kept so hureeneil as to pi event
Jlies and insects from cnlering therein; nor unless all imple
ments, tool, machinery, eoiitainer.s, iiml jtll other utensil used
for or in connection with Iho iiuiuufaclurc, distribution or stor
age of pot or p.iiai shall bo fiterilied each time befoio being so
used; nor if any peison, or individual is employed or engaged
in or about audi shop nr building who is atllieted with any con
tagious, or infectious disease or any disease which, in the opinion
of tho Board of Health, may contaminate or infect tho poi or
p.iiai. .
Si ci ion !J. The Hoaid of Health ivln'teby authorized to
diieulf tip) ,cMU;cll.ition of t-nnyvperiiiitiart u.hop or. building
whaio poi or paitti is ma mi fact it) eel for sale? issued by any ' ,
C'ouity or (lily and County ollicor, oh othurwle, ami to close,
tun keep c''-'id any such shop or building which in any inspect
fails to Incet tho leipiireiuents and conditions of this Act. '
r ..!?..
fei.c'iiox I. Any pefwm who, violates' any piovisiou tif Ibis
Acljshall bo guilty of a misdemeanor, and upon conviction thero
of, hall bo punished liv a lino of not less tlinri Ii'iv('1Pillrfl (
fiptftOO). not' more than Two llnndied Dollar? ($200.00), or
by iin'jirisoiinient for not tnoio than sixty tlays, or by both such
lino and imprisonment.
Sl.cTiox 5. This Act shall tako elTecUfioni and after the
ditto of its appioval'
Apfiroved this IStli dTiy oC April, A. I). 1011.
' WAI.TEU F. FKKAlt,
Governor of tlio Turrilory of UuwuiL
l
than Is needed In ordinary affntis,
"Vbethr the court thinks them wise
or not such laws nro within the scope
of tho discretion which belongs to tho
legislature and which It Is usual for
them In exert "
Tho court further sns that the call
ing Is ono to which the rcmilrcmont
of obtaining u license) may bo nttiiched
and cites tho enso of Williams vs.
rears, 179 U .8. 270, In which tho'Su
premo Court said that tho business of
emlgrnnt ngents wns one of such nn
Into nnd Importance ns to Justify tho
cxerelfo of tlio police power In Its reg
ulation, i
Another act which seems harsh on
its faco Is tho Michigan statute rcgti
Inliug sales In bulk. These sales wero
declared to bo void .against creditors
Unless the seller mado a detailed In
ventory of quantity and cost flvo das
before tho pale and tho purchaser de
manded and received n written nnd
certified list of creditors nnd tho
amounts owed o each, and notified
each creditor personnll or by regis
tered mall llvo dajs before tho trans
action. In tho absence of a knnwlcdgo of
conditions surrounding such sales It Is
easy to see how a court might cnnsld
er theso rertrictlons unrenoonnblo re
straints on Iho freedom of buvlng mid
selling. Yet tho court took Judicial no
tice of conditions siilllclcut to render
It a valid exerciso of tho police power
Kldd-Datn Company vb. Musselmnn
Company, 217 II. 8. 101.
Tho question of proving the facts
upon which tho validity of tho l.ivv may
depend wns nlso touched upon In .In
cobsen vs. Mass. 197 V. S. 11. In this
,capo the statute complained of wns ono
requiring compulsory vaccination mi
dcr certain clriumstnnccs, Tho plain-1
tiff In error, Jarobsei who wns de
fendnnt In a criminal case, mado nn
elaborato offer of proof as to tho fu
tility of vaccination mid Its probable
111 effect upon himself. Until th Su
ptemn Court of Massachusetts and tho
Supremo Court of tho I'nlted States
held that those, facts oven It shown to
bo true would jint bo sufficient to make
tho law unconstitutional. Tho Su
premo conrfof tho United States Bald:
"Thoso offeis in tho main seem to
havo had no purpose except to stato
the general theory of thoso of the mod'
leal profession who nttnch llttlo or no
v.aluc to vaccination as a means of pre
venting the spread of smallpox or who
think Hint vaccination causes other
diseases nf tho body. What everybody
knows the court must know, unci there
fore tho f tate c ourt Judicially knewns
this court knows, that nn npipnslto the
ory accords with tho common belief
and is maintained by high medical au
thority. Wo must nssumo that when J
the Btatuto In question wns passed, tho
Icglstntuio of .Massachusetts wns not
unaware of then' opposing theories,
nnd wns compelled, of necessity, to
choose between them It was not corn
pulled to commit a mailer Involving
the public health and Bafety to the
llual decision of n court or Jury. It Is
not part of tlio function nf a court or
a Jury to determine which one of two
modes was likely tn bo tho most effect
ive for tho protection of tho public
against disease That was for tho leg
islative department tn determluo in
tlio light of all tho Information It had
or could obtain."
Tho nhovo cases show that thero
frequently exist a state t facts in
view of whlcli'tho vtatiito was enacted
mid'wlilch must bo. brought to tho at
tention of tho court In some manner,
tho burden nf proof being upon tlio
Iperson alleging tho stntuto to bo nn-
conscicuiiouai, nnuiciimi'B iiiu conn
tako Judicial untie o of tlio existence of
theso rnctB but In other cases they re
quire them to Ikj set up on tlio record
and proved, in tho case at bar tho
court may or may not know all the cir
cumstances which wero presented to
I tho legislature us a basis for the rojis
1 nunbleiiesB of tho regulation required.
It this court knows all theso facts It
Is still safe to say that tlio Supremo
Court of tho United States doe a not
know them in detail The only safo
courso for tho respondent In tills case
was to ret up theso fails as Justlfjlng
tho vnllellty or tlio statute tho consti
tutionality of which was attacked In
tho petition.
Another class of allegations which
Is Bought to, bo Btrlrkcu nut under tho
blanket motion of tlio petit loner nro
thoso alleging that tho petitioner Craig
Is, not In the position to uunphiln of
many of the) allowed dofiTts in tho
emigrant agent, nc t. as for example Its
effoc,t upon tho rights of the laboring
class of which hu docs not allege him
bolf to bu onp
It Is well sottled that no ono can
complain of tho unconstitutionality of
tin tact except In thoso. particulars in
wlilfh his own rights uro affected.
This; prluclplo lias been asserted and
applied over unci over ngnlu.
"There la u point boyond which this
c6urt elocB not consider arguments of
this sort for tlio purpnso of Invalidat
ing tho'tnx laws of a Stain nu consti
tutional grounds. This limit has been
llxed In many cases It is that unless
tho party setting up tho limnnstltu
llmiulitv of tho statu law heloiiKS to
tho clans for whose Bake tun consutu
tlpunl piolectlou Ib. given, Or the class
ni iii.ii II) protected, (ins couit ones nui
listen tn ids objections, nnd will not
go Into Imaginary rases, notwithstand
ing tlio seeming logic of tlio position
n license, (lundllng vs. Chicago, 177
l H 183.
Dated, Honolulu, April 19, 1911.
Ilespect fully submitted,
JNO W. CATIICAKT,
City nnd Count) Attorney
KINNEY, I1A1.I.OU, I'llOSSKIt &
ANDIIItSON, .
Attorneys for Hespondettt
In the Supremo Court jif tho Tcrrltorj
of Hawaii.
In
"f
tho Mntter of tho Application
l'rank U. Cialg for n Writ of
Habeas Corpus
.Motion to Strike, IHc.
1 And now comr-a the above nnineel
petitioner. Trunk II. Craig, by his at
teirneys, Me-ssrs. Chlckcrlng & dreg
ory, K. M Watson mill It. V. Hreck
ons, nnd moves the Court to strike
out of the rctnrn of William P .lar
rett. on llle In tho nbovo entitled pro
ceeellngs, nil of tho matter In said re
turn contained commencing Willi p.u-
a graph numbered 1 (n) on page' 2 of
Bald letiirn. beginning with the words.
"That Act IS of tho Session I-nws of
tail," lo nnd Including paragraph mini
bered S on pigo 10 of snld return,
which concludes with the words "nor
does It amount to a prohibition of tlio
right tn carry on a lawful calling and
occupation," tlio matter Intended to be
embraced hereby, nnd bo to bo strlck
en, Including each nnd every the jura
graphs beginning on pngo 2 of said re
turn, numbered 1 In), (b), (c); 2, ?. 4
In. ;, fi, 7 (n), (ID. (el, ,(d). ID. (-!)
(3). 4,,tl. (), (7). (S). (9). (10),
(11). niiilS. -for the renron Hint said
matter Is Irrelevant, Immaterial and
Blirplusago, In no wlso responsive) to
tho writ issued herein, nnd unsworn
to by the person making said return
2. Said petitioner runner moves
that the follow lug matter bo stricken
out ut tho said return:
(a) All of (lie mattej; contained In
sub-ii.irngraiih (d). nar.igraph I. mi
page 2 of Bald rciuru,..ucsluuiugvvltli.
tho words "That s.ild Frank IU. Craig
nnd ending with the iwprdsy'SoEslon
IjvVvs of 1911," for the reason that said
matter Is Immaterial, Is Irrelevant, 'and
1st surplusage. In no wise responsive to
tho writ issued Herein, nnn unsworn
to by tho person making Bald return
(h) All of the matter contained In
sub-paragraph (c), paragraph 1, on
pago 2 of said return, heglnnlug with
tlio words "That no person ana end
Ing with tlio words "with theso pro
ceedings. Tor the reason that salel
matter Is Immaterial. Is Irrelevant, nnd
Is Burpliisagc, in no wise responsive
to tho writ issued herein, mid unsworn
tn by tho person making said re tuny.
It) Tlio matter ropinineei in sun-
paiagraph (d), paragraph i, on page
I of raid return, beginning with tho
words "but on." on lino 2 nf said sub
paingraplu and ending with tho words
"nro ns follows," being tho concluding
words of tald sub-paragraph at tho top
of pago fi of said return, for tho ren,
son that said matter is Immaterial, la
Irrelevant, and is surplusage. In no
wiso rcsponrlvo to the writ Issued
herein, and unsworn to by the porson
making said retain.
(d) All nf tho matter contained in
paragraph numbered (0 on pago ' of
said return, beginning with the words
"That tho "Territory of Hawaii," nnd
ending with Ihovwords "large number
nf laborers," being tho conclmllug
words of Bald paragraph, for the rea
son Hint said matter is Immatcilnl, Is
Irrelevant, anil Is surplusage. In no
wlso rcrponslvo to the will Issued
liurclu, and unsworn lo liy tho person
making snld return.
(o) All of tho matter contained In
paragraph numbered (2) on page's li
nud 0 of said return, beginning with
tho words "Thnt tho Territory of Ha
waii is geographically," on page f, nnd
ending with tho vvonls "Ono Hundred
Committee Assignments of
Members Who Have Visited
and Toured Islands.
V
D' legate Knmiilnnnoln Is appointed
1e Ids nlil Itloli as n member of Iho
c'oininltti'c iii Tcrrlteirb'S, ns shown In
the list or House committee that emtio
In I tie IiiFt mall 'I he member nf Unit
reimmlttcn wbii have visited Hawaii
me Houston of Tennessee ami limn-
phrevs of Mississippi None of tho
lb publican members have visile el the
Ittluids.
Of the other men known to Ha
waii through CmiKremlnniil violations.
Ncedhioii nf California Is cm tlio Wnvs
anil Means Committee rilsgcrald of
New York Is the chairman nf the Ap
proprlatlniiH Committee thnt hIimi In
clinics (innile of Iowa among tho ml
norltv members Wilson of Illinois Is
on the Utiles Committee Houston of,
Ti tini'sspp iiml Nnrris of Nelirnskn are
on tbe Judiciary Committee Campbell
"f Kiinsns Is on the Dunking and Cur-re-nr
Committee Tho Inter-Htntoiind
Poielgn Commerce Counnltteo Includes
Kti'vons nf Mliinesiiin nnd Hamilton of
Mlclilgnn The Illvcr and Harbors
liniinlttfo Includes llumphro" of Mis
sissippi. UivIiIfoii nf Wisconsin nnd
Rirdifetil of rcniiHVlvnnla l).ivdsnn
is nlno on tbe llullwns and Canals
Committee Itartbobll nf Missouri Is
on the' 1'orclgn Itclatlons Committee.
Vvntklns of I .on Nana and I'rlnce of Il
linois are on the Military Affairs Com
mittee. Mnndi II nf Wjcinilng Is on the
I'lihlle Lands Committee.
Itodi'iibcrg of Illinois Is on tho Com
mlllee on Industrial Arts and Exposi
tions Knit of California Is n inem-
bfr of Ibis V'limnilttre nud also of tho
Committee on Civil Service Hrfnrni
N'oiip of Iho members of the I'uhllc
ItuiliMugK Coiomllte e bus ever visited
Iho Islands so far as known
MILK IN LARD CANS.
Of several applications thnt havo
been received at tho Mayor's nffloo
fiiim -would be verniers of milk, comes
one from a Jnpnnepo dnlrjinan named
Klinnlo. who ilexiscs In Ills nflhlavlt
that lie Is Hie imssessor of eleven
cows and that the milk derived from
the bovlnes Is "contained in cleaned
laid cans."
Tho applications came beforo Iho
lloird of Supcrvhnis, nud after an
Investigation by the cll sanitary an
thin Itlcs permits will ho Issued If Iho
applicants compl) with tho laws.
A late wireless, received nl Iho
agoiicj of II Hnekfcld ami Company
announces tho piohable arrival of the
Pacific Mall steamer Chliui from
Hongkong and .lapan ports on or
about ono o'clock em I'ridny after
noon. 11 Is the .present Intention to
dispatch the vessel for San rrunclsco
on Saturday morning. The China H
bringing G00 tons Oriental cargo nud
hns room for ten cabin passengers.
n :: t: :: it n :: :: n :: n :: :: n
unsworn to by tho person making snld
return.
(I) All of tho matter contained In
paragraph numbered (6) on pages il
nud 7 of snld return, beginning with'
tho words "That owing to the," on
pngo C. nud ending with the words
"from-llnwnll to their destination," be
ing the concluding words of sale! para
graph, (on page 7), for the renron that
said matter Is Immaterial. Is Irrele
vant, mid is surplusage, In no wise re
sponsive to tho writ Issued herein, and
unsworn to bj tho person making snld
return.
(J) Alt of tho matter contained In
paragraph numbered (7) on pages 7
and S nf said return, beginning with
tho words "Thnt tho Inbnrors," on pngo
7, nnd ending with tho words "nt great
expenre," being tho concluding words
of .snld paragraph, (on p.tgo 8), for the
renron that said matter is Immaterial,
Is Irieleivnnt, nnd Is surplusage, in no
wise responsive to the writ Issued
herein, mid unsworn lo by tho person
making said return.
(k) All of the mntter runt.ilncd in
paragraph numbered (8) cut pngo 8 nf
saldifeturn, beginning with tho words
"That the business of," and ending
with tho words "citizens and resi
dents of snld Territory," being tlio
concluding words of s.thl paragraph,
fpr Iho reason that said mailer is Im
material, Is irielevaiit, and Is surplus
age, tn no wise responslvo to the writ
Ismcd herein, nud unsworn tn by tho
person making said return
(t) All nf tho matter contained In
paragraph numbered (9) on pages 8
und 9 of snld return, beginning with
tint uitpilu "Tltnl .tuliiir liiriilv tri" nn
Dollars," being tho concluding wnrelB'pago 8, and ending with the words "of
of said paragraph, (on page til. for tho
reason Unit Bald matter Is Immaterial.
is Irrelevant, and is surplusage, lu no
Ifi responslvo to Hid writ Issued
herein, nnd unsworn to by the person
mukliig snld ns;urp
(f) AU of tliu matter contained In
paragraph numbered (!!) cm piiro G nt
said return, beginning with tlto words
"That Iho Territory of Hawaii through
Its," und eliding jith tho words "ox.
ponded for Bald purpose." bulng tho
concluding words of said paragraph,
for Iho reason that Bald mailer Is Im
matoilal. Is Irrelevant, and Is Blirplus
ago, In no wise responslvo to tho writ
Issued herein, nnd unsworn to ny mo
person making s.ald return
IK) All or tlio matter ioniaiucn,in
paragraph numbered (4) on pigo C of
wild return, beginning with Urn words
"That tho Hnwallan Sugar Planters,"
nnd ending with tho words "the Island
of. Porto Itieo," being tho concluding
words of said paragraph, for tho rea
son thnt nlel matter la Immaterial, Is
Irrelevant, and Is surplurage, in no
wlso responsive to tho writ Issued
herein, and unsworn to by tho porson
making said return.
Ih) All of tho matter obtained lu
paragraph njunbercd (5) on page I! of
Bald return, beginning with the words
"That it has been," and ending wltll
tho winds "callable of becoming cltl
rutin," heiliiB tho ceiiieludliig w'oids of
ealil paiagraph, for tlio le.isou unit
said mntter Is lumialoilal. Is (nolo-
vnnt. and Is surnlusage. lu no wlso rev
thnt It must do to, becauuo if, for any 'sponslvo to tho writ Issued herein, nud
which said men were members," be
ing tlio cone lulling words of said para
graph, (on pago 9), for Iho reason that
sa Id matter c immaterial, is irrele
vant, and Is surplusage, In no wlso ro
.polish n to tho writ issued herein, mid
unsworn to by tho person making snld
return.
(ml The matter i-ontnlne'd In pnrn
grant! numbered (10) on pages .9 and
10 of snld return, beginning wun mo
words "Thnt berclofore" on lino 11 of
salil paragraph, (pago 9), nnd ending
with tho words "for employment
abroad," being tho concluding words
of said paragraph, on linn II of pago
10 nf-KSld leturn. for the reason that
Linld matter Is Immaterial, Is Irrele
vant, nnd Is surplusage, in no wiso, ro-j-pnnsivo
lo the writ Issued herein, and
unsworn I by the person maxiiic sum
return.
(n) All nt tho matter contained In
paragraph numbered (11) nu pngo 10
of Bald return, beginning with tho
words "That In enso of," nnd ending
with tlio words "safeguard tlio Inter
ests nf Biilel laborer." being tho con
eluding words of said paragraph, for
tho reason thnt said matter Is nnma
terlal, Is Iriolnvnnt. mid is surplusage,
In no wlso responsive lo tho writ Is
sued herein, and unsworn to by thu
person making said return.
THANK II CIlAKl.
Dated Honolulu, April 18, 1911.
lly Cllll'KKHI.NO & flllCUOUY,
II. M. WATSON.
It, W imi:CKON8,
Ilia Attornujs,
HONOLULU, T H., April 17, 1911.
GENERAL SUMMARY.
It was very much warmer than during the preceding week, and the
excesses over last week were the greatest changes from week to week
that havr occurred for years. On the Island of Hawaii the mean tern,
peraturea were generally 3.2' to 5 3' higher than the previous week's;
on Maul 3 9 te 6.2 higher; Oahu 4.4 to 6.3 higher; Kauai 0 8" to
8.2 higher, and on Molokal 3 8 to 4.4' higher.
The rainfall was light throughout the Section and all stations hav.
Ing a record of ten or more years report less than the average for tho
week, excepting one In the Kau district of Hawaii,
The following are the total amounts of rainfall, In Inches, In ths
different districts of the several Islands; HAWAII North Kohala
0o0 to 0C5, Hamakua 0.18 to 051, North Hllo 281, South Hllo 0.55 to
1.15 Puna 150, Kau 1.00, and South Kona 0.17; iMAUl Makawv.'
0.15 to 0 61. Hana 0 80, and W.illuku and Lahalna 0 00 to 0 09; OAHU
Koolauloa 0.17. Kool.iupoko 0.10 to 0.72, Honolulu 006, Ewa 000 to
002, and Walan.ie 003; KAUAI Hanalel 0.51, Llhue 040, Kotoa 007
to 0.26. and Walmea 007; and MOLOKAI Molokal 001 to 0.15.
The following are the departures from th weekly average for ten
or more years, In inches, In the different districts: HAWAII fjorth
Kohala 0.64 to -077. Hrmakua -1.01 to 1.39. North Hllo O20,
South Hllo - 1.83 to 2.47, Kau '0 48, and South Kona 0.32; MAUI
Makawao -135, Hana 3 62, Walluku 0.15, and Lahaln.i 0.16;
OAHU Koolauloa -0.31, Koolaupoko 0.42 to - 0 76 Honolulu
0 57, Ewa 0.19, and Walanae 0.16; KAUAI Hanalel -0.54 Ko.
lea 0 28 to 0.76, and Walmea 0.10; and MOLOKAI Molokal
0 59,
The "trade winds" have not yet been established, and the establish.
ment Is now more than a month behind Us usual time.
The following table gives the weekly averages of temperature and
rainfall for the principal Islands and'for the Group :
TEMPERATURE. RAINFALL
Hawaii 72.3" 035 Inch
Maul 72.4 0 29 Inch
Oahu 74 5 0.15 Inch
Kauai . 74.5" 0.26 Inch
Molokal 73.9" 0.08 Inch
Entire Croup .. . 73.3' 0.46 Inch
At the local office of the United States Weather Bureau In Honolulu
much warmer, generally cloudy, humid weather obtained, with light
shifting winds, rendering weather conditions unpleasant and trying.
A trace of rain occurred on. the 14th and measurable amounts on tho
11th and 13th, totaling 0 06 Inch, 0.57 below the normal for the week,
and 0.11 less than during the preceding week. The maximum tern,
perature was 82, minimum 70", and mean 75 6, 2.7 above the weekly
normal, and 5 0" higher than last week's. The mean dally relative
humidity varied from 70' to 78 , and the mean for the week wis
74.4" about 4 above the normal. Easterly winds prevailed on the
9th and 13th; northeast and east on the 15th, and northetst on the
remaining dates. The average hourly wind velocity for the week was
6.7. The moan dally barometer ranged from 29.98 to 30.06 inches,
and the-mean for the week, 30 01, was'0.01 Inch below normal.
ISLAND OF HAWAII.
Puakea Ranch (13) -Itnin fell on five dates and amonnlcil to 31
inch, 2 88 Inches less than during Ihe preceding week A. Mninii
Kohala Mission (I4) The mean temperature was 7.10, nnd Ihe
rainfall which occurred on three dates US Inch, .77 below the aver
age, and 104 inches lesn than last week's Dr II I). Ilnnd
Kohala Mill (13) Measurable rain fell nn two dates and amounted
to II." Inch, ill below the a v erase and 182 Inches less than the pre
vious week'r The mean lenicrntiire was 71 8. T. II. l.lllli.
Honokaa (12) Tho mean temperature was 710 There was .IS
Inch of rainfall on the nth, S.22 Inches less than last neck's, mil
1.39 below the average. K I. Andrews.
Paauhau (12) Thero was 01 Inch of rainfall nn the filli, 101
IiicIicb below the nvcinge nnd ti.nS leas than Iho previous week's. Tlio
mean tempcrnturo wns 7.1.0. Urnls Wilson.
Honohlna (12) Kxcesslvely heavy rains roll on tho nth ami show
ers cm two other dates and totaled 2-81 Inches, 1.03 Inches less lliuu
during Ihe. pieccdlng week and .'JO Inch less than the average
Win M. Krnscr
Hakalau (13)- Tho mean temiierature was 72 8" lt.iln fell on three)
dales and amounted to .58 Inch, 2 21 Inches less than the average J.
l'mscr
PepVekeo (13) Showers occurred on flvo dates and totaled .!j."i Inch.
3 64 Inches less than last week's and l.SJ below the average. Tho
mean temperature was 73 2". IVpcekco Sugar Co.
Papalkou (13) Thero wero six dnvs with rainfall, which amoiintcil
to 1.1!, Inches, 2.15 below the average, and 103 less than ilurlng tlio
preceding week. John T Molr
Hllo (13) Tho mean temperature was 73 5. Itnln fell on flvo elatC3
and nmnunted to .07 Inch, 2.47 below tho average, and 4.18 less thaii
last week's. I.. C I.vinan.
Kaueleau (12) Modcrnto rains occurred on tho fith and showers cm
lour other elates and totaled 1 86 Inches, 2.66 less than ilurlng tho pre
ceding week. The mean temperature vvna 70.0" U I'. Turner.
Pahala (12) The mean temporaturo was 72 1. llaln fell on thro
dates and amounted In l.no inch, .18 inoro than tlio average, mid l.'J'J
Inches less than last week's Hawaiian Agricultural Co.
Kealakekua (13) Showers occurred on two dales and totabM .17
Inch. .82 below the averago and 2 31 Inches loss than diirinr; tho pre
ceding week llobert Wallace,
ISLAND OF MAUI.
Haiku (53) Light "trades" and varlablo winds prcvnllcel, with much
cloudy weather, unit measurable ruin nu the Inst threo dates uinnuutlm;
lo 15 Inch, .90 less than last week's, nnd 1 33 Indies below Iho average.
The mean tempcrnturo was 72.2. D. D Ilaldnln.
Huelo (13) Tho mean Icinporaturn wus G9X,. Italn fell on six
elates and amounted to .61 Inch, 1.21 Inches Icsb than elurlnp the pre
ceding week Jos. I,. Kerrcirn.
Nahlku (12) Showers orciirrcil dull) and lotalcil .80 inch, 3 62
Inches below the average, and 2.51 Iobs than last week's. Thu mean
temperature wus G9.2V C. O. Jacobs.
Kahulul (13) Tho mean truicraturo was 7fi I", and tlipro was no
rainfall, .15 Inch less than thu previous week's, mid .15 "below thu
average. J. C Koss, Jr. .
Wr.lluku (13) There was .09 Inch of rainfall on tlio' 7tli, .78 Inch
less than during tho preceding week. The mean temperature wus
73 0. Ilrothcr Krnnk.
Kaanapall (13) Tho mean tvmpcmturo was 71.1, and thero was
,08 Inch of rainfall-on tho 7lb, .16 below the averago, und .87 lca
than laht week's. Capt. C !'. Tiirne.
ISLAND, OF OAHU.
Kahuku (14) Tho mean temperature, was 73 8. Italn fell on three
dates and amounted In 17 Inch, .31 less than tho average, and .14 inoro
than l.iBt week's, It T. Chrlsloffcrsen.
Maunawlll Ranch (14) Showers occurred on four dates nnd totaled
.72 Inch, .76 less than Iho avernge, and .61 moro than the previous
week's, Tho moan tci.ipcraturo was 72 0" j-Jnlin Herd. '
Walmanalo (11) The mean tomperaUtro was 77.0. and tliei rain
fall which occurred on three dates 10 Inch, 13 Ices than last vvockV,
nnd 12 below tho nveinge A. Irvine.
Watawa (15) Tlio moan temperature was 7S.i. anil tlio rainfall
.02 Inch A. Lister
Ewa (15) Thero wns no r.ilafnlf, 10 Inch less than Inst week's, and
.19 below Iho average Tho mean tomportiture was 793 It. Mullcr
Walanae (14) Ualuless weather continued, u cletlclenc) .nf 16
Inch ns romparcd with tho averago for Iho week. The mean tempcr
nturo was 71.1" V Mejer.
llecelveel tno lalo to bo considered In means or Hiiminnr)
Schofleld Barracks (14) Tlio mean temperature was 719', 7,2'
higher than last woek's. Showers occurred on three dates anil tntilel
.16 Ipch, 14 more than during tho preceding week Wallace DoWllt,
Mnjor Med. Corps,
I8LAND OF KAUAI, '
Kllauea (II) The menu temperature was 74JV There was a trace
of rain cm the 9th mid .51 on tho 13th, .fit below llin average, nnd 51
moie than last neck's.- U II, llorclko
Llhue (II) Showers occurred on live dates und totaled .10 Inch;
Unit amount moro than during tho precoellng week. Tho mean tem
perature wns 74 0'. Mime Plantation Co.
Koloa (11) Tlio Incnii temiierature whs 73 2 Mensurable- rain
fell on llirco dales and totaled ,26 Inch, that amount inoro than last
week's nnd .16 less than the average Tho Koloa Sugnr Co.
Eleele (14) Showers occurred on threo dntes and totnlcel .07 Inch,
that nmniint more thnn during Iho preceding week, nud .28 losa than
the nvnrago, MeUiyelo Sugnr Co
Makawell (11) The? mean temperature- w-as 71.3. There was 07
Inch of rainfall on Ihe 8th und a trnco on Iho lOlh, 07 more than
last weok's, and .10 loss tlinu tho averago -Hawaiian Sugnr Co
IBLANDOF MOLOKAI.
Mapulethu Ranch (14) Tho mean temperature- was 74 2. Mei
mirnuln rain lull on three dales and amounted to .15 Inch, ,33 lesj
thtir. during Iho pieccillug week C C. Conr.ull.
Molokal Rinrh-(14) There wtis 01 Inch of nlninll nu the 12h,
72 less than list week's, and 59 below the average. Tho 'lupan tern
lioriituru was 73 6. U 11 Ncvln. i
. , WM. B. STOCKMAN,
... i '. Section Director.
'i"
s a
's
V
-w
t t
' 1
-.
"V
'
y -, ' ' '
j?&cktod43&iiJii
