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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