Hawaiian Gazette Supplement Dec. 27. 1882,
Supreme Court in CbamWr- Dc 21 at
II LBN U hVSO KtE & Co., VS. JCIXiE lUCKOTtiS 1M ,
The iaintifis in Uiia cae claimed 2U0 (lmacs
of the defendants for issuing and aolLorixiuc tlio
hcrrico of a search warrant upon their premises.
Mr. XlicVcrton appeared for himself, Mr. l'rreton
for Mr. Fuk&
Tbo record of the tehtimony in the cabc of the
uxne plaintiffs acaixiht officers Marcos and Oadt
was acntd upon as the evidence to be talen in this
cane. The substance of the argument of Mr. llart
vell, counsel for the plaintiffs was as follows.
or searches unless for probable cause, supported
by oath, and describing the place to be warcLcd
and the person to be seiiit . This complaint does
nut mention the name of one of thcuo plaintiffs, I
nor their firm name. It dont nut describe the
tilace as in Honolulu or on tbe island of Oahn or
elsewhere, simply 2 Hotel bW
Z, the provision of Ch. 4 . Ac VrMl Cudc,
uo ttearch warrant can israe unless some one isac
c&bed cf a criminal offence. This complaint
charcoa no criminal offence against any of these
plaintiffs or any one else. The only Losis forthe
warrant is that sundry opium i 3 concealed on the
premises of Ix Kce, cb at No. 21 Hotel
street,' If tub is a bads for a seizure and
search, no bousc-holders in this Kingdom are ex
empt from arrests and fcearcbeR. There most be
a chare) that the parties c harped hare done some
criminal act, or leen privy to it.
3. Iiy.Siv-i ofth Cinl Cotit no warrant can
Issue bat on affidavit of personal know lege or per
sonal belief. In this case the officer who makes
the complaint simply deposes that ho suspects
and has cause to'suspect that sundry opium is con
cealed, Ac .Suspicion is not and ought not to be
Mtf. A warrant issued on suspicion was against
Magna Chnrin at common law, and was no justifi
cation to court or officer.
i. This warrant is illegal, told and a prooutsun
Inown to the law. The Magistrate bad no juris
diction over these plaintiffs by reason of the com
plaint, and all searches and arrests under it are
illegal, making all concerned in issuing or serving
or authorizing the service of the wnt liable in
damages to the parties injuriously affected.
( Citing numerous American and Koglish decisions
i The Marshal is in the eye of the law present
with his deputies and officers when they serve pre
cedes, and is liable for their acts.BUe should ee
that they are properly instructed in these matters.
The plaintiffs1 counsel said he believed that the
execution of the opium law is the source of cor
ruption and irregularities, tending to L ring the law
into deserved contempt, lie muU the plaintiffs
cared nothing for money damages, lu desired
their rights of person and property to 1 e respected
by Magistrates and officers of the law.
3Ir. lnckerton claimed that a Magisu&te has a
right to use discretion in deciding w Lether a proper
basis is laid for issuing a warrant, and Uiat the
statute required him to issue it if he was .shown
cause to suspect that parties were concealing or
smoking opium cm their premises. That the form
of complaint and warrant in this case was a print
ed form which he did not prepare, but which was
itrepared by the authorities whom he must respect,
inat it would not be proper for him to call upon
tiffictrs to show him all the facts on which they
proposed to prosecute, as there would be danger
of prejudicing a case. That no officer is compUl.
cdtodiMclode information on which ho brings a
criminal prosecution. Finally, that be had not
authorize the officers to delay the service of tho
Mr. Jreton for the Marshal, claimed that how
rtcritmightbeender the law of Inland, the
Marshal here is not liable for the acts of the cou
Ktablcs, the wnt being expressly directed "To tho
Marshal, or his Deputies or any Constable."
The arguments vcro full of interest, and the
Chief Justice took the case under advisement.
C B X4KXX A J. C CUTSET
MAKEE ic COMPANY,
PAIA1 MANUFACTURERS, Waihee. Mau
The Very J!et Quality of 1'AIAI
from A 1 TAKO.
Owln- to rxtnt of lands cnHltatft livut, uccan
!S II1X.V CI 1 1: 4 1'KIE 'I II A A on I K.KS, and can
guarantee riantaliont and all employers tf labor,
aalnf t say failure of enpphes.
Orders by Post will Receive Prompt
w Attention. 5m
Cheap for Cash
DOYOl WANT A
i.aiv.n camii'V ni.irroN?
Call ai (he IIUNOLCLl t AKKIAtiE KEIIMTOlIY
DO VOl' WANT A
ituov sri.it i'iLi:in:
Callailfav HONOLULU CAKltlAGL UEPOMTOKY
DO YOU A ANT A
COKMMi 1'I.ATIOKM M'UIM l'II.1.'IO.?
Call atthr HONOLULU CA1UIIAGE UEPOMTOKY
DO YOU WANT A
tw o m;ati;i icoi kau ai ?
Call at the J 1 ON 0 LULU CAUMAOE liETOslTOKY
IK) YOC WANT A
() ft It AUUN WITH MIA Hi:?
(.allaiUie HONOLULU CAItlUAGE KEPOblTOKY
DO YOU WANT A
i ntsr. i-ass r3:ri:i A.or
Call at the HONOLULU CAlUtlAGE ItKfOMTOIIY
IK) YOC WANT ONE OF THE
MUllT.MMi Jl.MI Mil l 'AlU(IA(ii:S
tinzx Co" iwtcnt, aud one of the but arranged iw
terthanceable rehlcle f or two or four peretm
Call at the HONOLULV CAKKIAUE KEl'OblTOHY
DO YOC WANT
or Carriage Trlmmlo-B of any Ht'scri pllon T
DO YOU WANT YOUK
cVlCKIACi: OK W.J(X RI.1AI.'IKI1
DO YOC WANT TO BUY A
Call at th HONOLULU CAItltlAOE KEl0!sITORY
Give My Stock an Inspection Before
Purchasing Elsewhere, and
As I Cuarantco My Coods to bo
all I Represent Them,
All lU tnU lull be -Ma.lr (.'ood In Ca-c of
Thu audience room of Fort St Church was will
filled last rcanesdaj vefiifi (ITXh-liiKt.) 1y4
tnembcrs of the Temperance boacty and a pom
br of Tiaitors, ho were prchent to listen to tho
evidence cxpecUd to be iircbtnted in relation to
the evil effects produced ou the native clement by
Ike Krauting of free liquor laws. Mr. Amasa Pratt
occupied the chair, Mr. lL Johnaon, Socrctarj.
After prayer and on ojcninj; hymn MissltreebC
fctated in a coudac and clear inanner her experienco
of tho drunkenness prevalent anumest the natives,
instancing that on every Saturday evening dnring
the hut month shohad noticed oer 200 natives
more or less under tho influence of liquor. Dr.
Emerson eaid ho was well acquainted with the law
&nd knew how it operated and he was tatisfied
that it was wurldng to tho detriment of the native
wpuLitiou. He had seen more natiies under tho
inflnenou of liquor durinf tho last two mouths
than daring the last four years preceding. When
he desired a boat boy to row him to a ycskI in tho
harbor the trip was rarely made without the pro
duction of a cin nask by the oarsman and an in
vitation to take a drink." In tho expresses
driven by natives, a eoarch under tho Beats cent-rail
y brought to light the accomiianyiiig gin bottle.
Mr. A. Frank Cuokc, from his experience
anxingrtthateMwhoKodown to tho sea inBhips,"
could say with certainty that drunkenness was on
the increase among the native seamen. Those
ho did not indulge before, now do. Families
vere more destitute now. Mr. Chas. K. Cooke
wtated that his firm had been in tho habit for Years
of trusting and assisting natives with lumber who
dosired to build. They do so no more, the cause
being the impoveruihncss of tho natives by tho
indulgence in liquor. J ion. A. Francis J odd, con
aidercd the license law as passed, a btep backward.
Head from a journal of his father's the Hon. O. l
Judd, the successful etera taken by a former
nr.t. . 1 i.:t 1 1 .
dtweribed the scenes witnessed by him on a late
evening at the Commercial Saloon which he
likened into a pandemonium and desired never
again to witness the sights he then beheld. He
thought the non-granting of licenses in the country
districts or to the other hdanda had assisted great
ly in reducing drunkenness in those places. Mr.
T. H. Da vies thought that the existence of the free
liquor traffic in Honolulu would tend to draw
natives from the other islanJs, as it was now do
ing, and would thus depopulate the outer districts.
Mr. Johnson tho clerk of the Police Court stated
that from the ISthof July to tho 1st of October,
there were G2 arrests for drunkenness aim:
from the 1st of October to December l?lh, there
wire 3H arrests for the same crime. During the I
same period (Oct. 1 to Dec 38.) in there were
1$ arrests for drunkenness. He considered that
th statistics spoke for themselves. )
Dr. Whitney presented letters, one of which t
from Waialoa said, Hon. S. K. Kaal is here and j
everybody has had a big drunk in consequence.)
aioro igyr is crceraaxy 1a sappressmg me illicit
traffic in liquor. From conversations ith butch
ers, dairy-men. and bakers, he learned that natives
now purchased far less bread, less milk, and less
mcai man xonneriy. Jitters werercau xromu.
Proirtcler uf thcironoTala Oaniau Ttfloito
ry, Nos. 5" i 5S Kin; llouolaln. and
Aiit for Slctre It. Brigga A Co. of Amctbory, 3Ias
The Moot KtouIic ?Ianufaftnrcr
In United Matr
tsT DONTFOKOETTIIE LOCATION- flW
PLANTATION GOODS !
Slcel Rails, 18 lbs..
Ullli ir wlilmtit Iiiiliii Kuller
Barbed Fence Wire,
Ith or without Hooke.
Hand & Smith Hammers
bbmU, Axr?. TacV3Ts, Steani-pli)!. ltrnhea.
I'atest Mnm pipe Covering, Imbricating
Ollf. Cement, Fire Clay, fcnear
and Coal ItAg.
Twine, Manila Eope,
Medium & Pilot Bread,
C. R. SALMON,
I BltlA MiWlATdl.
tir FOR SALE BY
V 1m Cor 4VEEN i FOKT bit. IloDnlalo.
J. M. OAT, JR., & GO.
i f i i
News Dealers !
No. 25 Merchant Street,
Have Just Keceived,
EX ST MR. SUEZ,
Purses, Wallets, etc.
Christmas and New Year's Cards,
DIARIES FOR 1883
NOW IS THE TIME
TO BEMW SliffllFTlS
3f H W J 1A 1 15 It SJ
1J3M IODIC AX.
FOR THE COMING YEAR.
Vc iivc I'ronipt Attrntloa to all OrderB KrtviTnL
J. M. OAT, Jr. & CO
Oajettb JtIock,25Mmliut tst
IL Dole of Kama. Jndce XiTm&n. uf Ililo. J. ft.
I'aria. Kaa-nloa: ILXTman. iiam&Vna: and Jaraea
Alexander of llaikn, dprecaticR the prevalence of !
drtmLcnnesa amongJt the natives, the illicit sellinc
uf liquors and the incompetence and inactivity of I
tbcpuliof. One of llic audience, a member of Ka-
wadiao Church, etated that lately at WaiAlca. a .
man died; the body vas placed in a coffin, a drunk- j
ea orcie enaaed nd one of the parties maddened "
tieiauiiizeu -ttauj iiqU0rr parted tne lips ox the ! tt n c.i
dead man and filled tug mouth vith pin At the -tHtCQ Up 1H legant Style, til C
jT """Ji." parucs wexo duu uruiu
A COMFORTABLE HOME
THE UNDEBSIGNEU IIAb ltECEXTLY
and the coffin not fittiag the craxo properly, the
hut of the dead man jampej on the coSin to force
it in, bet being nnsncccsBtaL took a Ptone and
gnariicd in the bead of the box and tons cot the
body in the crave- A lady present poe of a
drunken native having entered on her premises
lal at nicht and ehe haTu foend him. ordered
him to leave, following Lira to the cue of her rest
denctr. There she vas sorpridcd to see a police
officer. On Questioning the policeman. -hvln
Large i Roomy Cottage,
Formerly bcloDcics to the Lnaon Estate." an "ns
ana rtrceubeyooiltbeConunrrrial Hotel rrtmlc-.ror
FTZr.'S1? dactin-ASUPERIOR LODG
ING HOUSE. The name oltblspjcafantmrraUi
CaUed the "White House."
flMnntinrnrffh. mnn -IT f It cannot be SSTpaScd In the KliirJom for Comfort
answer thst h "inJrarl tn -i.Zt ' and CJganHnei. Tbe Groocd are -racloQS and Cr
SSlSfVfl ifr SrJS5i2VS?lT o""1 ?hacr Trees, rcivoa cTrcfpecUWllty
51. orqnarrclme.f Other may always be &rc ot a Cscerxa! Home there. A
ffpeater. iaclading llev. Dr. Damon, aho added ' tic- Iioom Is rt anart for th cocrmlrcre f ifc
their testimony regarding; the cril effects noticable ' Gaeeta. A IXtv MuCE ROOMS AKE VACASr.
among the natives by the indulgence in liquor. Terms always moderate
IV1KS. J. T. WHITE,
rroprimcfs of tkt ' White Hoaw "
Between the-remarks of the Tarions Eteakr u
paranhxaseof Kemember me, lore, in your pray
ers, sung by Mr. Jordan, aril, asisted by
Mrs. J ohnson, Mr. VT. 1 lall and Mr. C E. Cook
ana inren xrom Home, Airs. J-oune, aril, as-
Risted by Mrs. Johnson and Air. Ball, both eocgs TwfSL0,oor J"! ""i1 rr.?tmbr XVLlil V
bdng WtU renf The nan,J bnnn rlcwAtEZ I &KfSlJ.J' Fort ?lrert.sd.
extrcue. and the mtm iSSL toSbfe nffSSgSiZ
Ice,na!cBwasfath s Com-4
Nos. 56 &l 58 Queen Sts.
ext IliiorJInJJIii-onic Hall,
Klc:iEi( Parlor Suits
I'rima Xora Ilcilrniuii St't-.
(jiiile a Xi'H Stjle;
InM thcllilny Tor l'lanlution;
Woven Wire Mattresses,
Hair Sc. Spring1 do.,
Curly Hair do.,
Hair and Feather Pillows,
i Sheets, and
Excelsior and Straw Mat
THE LARGEST STOCK
A WELl AS
The Lowest Prices !
. P. ADAMS,
Agent for the Hawaiian Islands.
H.HACKFELD & GO
OWA'K FOK SALE
INVOICES OF NEW GOODS
JCST ItECEIVED rUlt
BARKS KALE, AND IOLANI,
Consisting la part of as follows:
A Large Asst. of Dry Goods,
Bmwa iind AVhito Cottoiu,
Drills Tickings, Tnrkey Kcd, 4c,
Merinos, black and colored, 4 qualities
lti-pps, CobuuTRS, Alpacas, Italian Cloth, and
Vamj rrlntTnciity-riu cw9 M)r
Printed S.ittpfeurt, Pouipudourii, Plaids
GinRhams, Victoria Lnwns, tatin Ktriii,
t nncy Slripnl GrttLKlint9,
Whito Silk Japanese, Twills, BerRe,
Poplins, Satin and Moire,
Black and Colored Velvets.
Mack, Grospram, Fancy, Colored and Striped'
HackEkiiiM, Diagonaltt, TMitddf Cordti,
Serges, Silesiaa, Doeskins. Casaimeres, Ac.
A Splendid Asst. of Shirts,
(Woolen, Mixed, Calico, Hickory, Denim, Ac.)
Mermci and Cotton Undershirts, f
White Itoflora Shirts,
SocJls and Stocking Handkerchiefs,
A LA1USK IXV0ICK OF CLOTHING
Pine Illack Cloth frock Coats and lVnls,
Itnckskin Sacks Pants and Salts,
Felt, Mohair, Drill, Flannel Sacks and Pants,
ltojV Shirts and Children's Jackets,
Monkey and Sailor Jackets,
I. It, Coats and Lefiugs, Carpet Slippers.
Kdk and I. C. Umbrellas and Parasols,
fancy and Traveling Shawls,
Cotton and Tnrkish Towels,
White and Fancy Quilts,
Felt Itags and Brussels Carpeting,
llorso ltlanktts. White and Fancy Blankets,
Fancy Striped Woolen, two sizes.
Scarlet, Orange, Whitu Woolen, 5 and 4 points,
Threads, Tape, Klastic, Scarfs, Acv,
Silk and Velvet lUbbons,
Buttons for Shirts, Coats, Pants, Dresses,
PERFUMERY, FLORIDA WATER,
Genuine Kan de Cologne, liUbin's Extracts,
Toilet Soaps, PhUocomc, Hair Od, Combs,
Mirrors, Looking Glasses, Pi pea,
I. It. Balls, Harmonicas, Blank Books,
Albums, Gold Icaf, Jewelry, Watches,
Extension, Ann, Dining ltooiu and Parlor
Saddles, Calfskins, Girths, Stirrup Leathers,
CRATES OF ASSORTED CROCKERY,
Containing Plates, Cups, Teapots, Howls,
Chambers, Ilice Dishes and Bakers,
Demijohns, 3 and A galls ; Sample Bottles,
Vuacs and Glassware, Manila and Tarred Koiw,
Hemp and 1. It. Packing, Coal Baskets,
Sugar efts Bioo Bags
Of all sizes aud qualities.
Call Bags, Gunnies, Twine, Burlaps,
Woolpack and Twilled Sacking, Linen Hose,
Sardines, in half and quarter boxes,
II. and P. Biscuits, Salt in jars.
Castor Oil in Tins, Stcanne Candles, 1, 5 and 6,
Matches. Cocounut Oil, Wah Blue,
HubbuckB Linseed Paint Oil, H While- Lead,
White Zinc Paint.
Do Laage fils and lkmtellcau Brandy, aud
Bum, Gin, St. Paul Beer, Ale and Porter.
Port Win. Sherry, Bhino Wine,
Fine and Table Clarets, Champagne,
Dry Heidsekk Monopole, Ch.Farre,
(K II. Mumra & Co., Sparkling Hock,
German and Havana Cigars
Plated Ware Spoons Forks, Cruets, Tea Sets,
Pocktt and Butcher KnivtM, Scis.rs.
Sheep Shears. Needles, ftnooin. FiIm.
Sjurs. Galvanized Basins, Hoop Iron,
Kcc Bivets, Hammers,
Yellow Metal and Composition Xails,
Babbitt Metat Sugar Coolers.
Iron Tanks, Clariners Ac. Also,
Firs Clay, Blacksmith CoaL Fire Bricks.
Tiles, Empty Barrels, Oak Itoats, Ac.
Urdr from t hi utbrr IiUadi rirttnljy
Btfodcd to by
m (a w
Tinsmith & Roofer,
! H8USE FURNISHING
HA RIWARFi !
CAM 1MIKLTS SKV,' Jtl.OCK,
l'OCT SjTIIEET. UlxIh WilJtriUo.
HAVE JUST REC'D
WNor' West& Redwood
Also, by Recent Arrivals,
tetcrn WHITE HM
Port Orfprd Cedar
HUUBUCKH' OILS, Z1XO, LEAP,
WOTEEK, ATLANTIC ANP
i- 4c c.
4-4, 5-4 and 6-4
AMI A Ul!E VARIETUR Of
FANCY COLOR'!) MATTING
A. IIAUTIIAS .IUbT UK.
loncdrf.ut5tiiltai)clKo.andliM opened in
Ice Cream Saloon !
IS CONNECTION WITH
Till: AXTOK 1IOI-ME. Instl. nt JSro. hn
rtnol.KJ-TIIEIHSIXi rAKUHU," ! thtir
comlilBnlnUllIntrQtltrt now Itie 1ncrt la tbl
Cltj tn If) IIART BROS.. Pmprtetari.
Fruit Preserving o.
Put Up in Cans, 2 lbs. each.
Thl i reallj A DELICIOUS FRCIT ad
Carefully Prepared. For
Sale at Wholesale
THE LKl.E!T ANII
BEST ASSORTMENT IN THE CITY.
iW Call and Examine Onr block.
LEWEHS & COOKE.
A. AJ. .HKLIil.S, Vropi ip(or,
BARGAINS WILL BE SOLD
AT THE JUOVE ES.TAULlhll.MENT,
Previous to the Arrival
A. M. M ELLIS, in Ten at.
eS. G. LEVEY & COn
Wholesale and Retail Grocers,
FORT STREET. DraolttU, II- I.
Kmh (Jroc cries, tod rrarUlotit of til Uodt oo hxai
and rtceivtd rtUil frosa Ettrope tad Atarr.fi t
nMcb vill hp told at ikt kwrit laukrt rite.
Uoodt deliTcrrd to ill Mm c( tfte city Jree of titter.
fyitAuA order ftolicttM. and prompt at1a
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