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haw AH AN GAZETTE,
NEW IEAK'8 ETE.
Ring Out the Old Pear,. Ring in
the New.
Written lor the Gzette.1
Toll, toll the bell for the year that is
Toll, tollttie bell for the souls passing
Toll, toll' the sadness, and toll, toll the
mirth
Laid side by side in the wide lap of
Earth.
Toll, toll the bell for the sad closing
Furrowed 'with sorrows, and pallid
with fear:
f So much of purity, beauty and grace
Find in Earth's bosom their last rest
ing place.
Toll, toll the bell for the year that is
fled,
Toll, toll the hopes that have died
with the dead;
Oh! that the false shall go down to
the tomb
Lost in a night of impierceable gloom.
Toll, toll the bell for the year that is
flown,
Hoary with grieving and heavy with
groan;
Oh! that the true from its grave
, . , ,
Fairest white blossoms to cherish and
prize.
YTnl! out, the old vear. ring in the new,
' JChaunt we the psalm of a brotherhood
UUti.
Love, Truth and Justice a harmony
grand,
Ring it out, clang it wide over the
land!
Hands across, brothers, who fight for
the Cross,
Stand by your banner, whatever the
loss;
This of your faith will the issue portend,
"Lo, T am with you all unto the end."
Think how brave Latimer died for His
sake,
Cranmer and Ridley, who burned at
the stake: ,
Think how brave Luther in fierce
days of yore
Tailed a true gospel to "Wittenberg's
door!
Doubt you at grief-tide your Father of
Love,
Lift eyes of faith to the portals above,
For as the sunlight dies down with the
day
tOUlClU XL1S SUUIJUL UU 1JU1UU jruu luc
A way.
.' Hands across, brothers, who claim for
1 I Of Reason to shed her beneficent light,
M
Fear not to nail up your flag to the
. mast,
Stand firm for Science, stand firm to
the last
Not on her altars the blood of one
slain,
Thickening night with the smoke of
red rain;
Not on her altars a holocaust lie,
"Winging to God in an agonized cry.
Knowledge profound by her labor is
won,
rets of earth, and the stars, and
the sun:
is the grand motto from first of her
youtu
God iu all Nature, and God is the
Truth !
Fling out her banner then, fling it out
wide,
Boast ol our manhood, our glory, our
pride,
Uttermost ends of the earth shall
attest
Truth the victorious ! Science the
blest!
Hands across.fbrothers, why part upon
creeds ?
War against evils love's unity needs,
Not in one faith all of goodness is
bound,
Truth on so many white summits is
found.
Hands across, brothers, for kindred
are we,
Hands across, sisters, for sisters all ye.
.Travail of one is the source of all
birth,
Che world anxious mother, our well-
beloved earth.
Hands across, brothers, for brothers
are we,
Distant our countries o'er laud or by
sea,
(Hope of humanity points the grand
pian
I jfni v.isfr. Pnmihlln. rnp "RrntViorhnnfl
Pi '
lands across, brothers, who labor to
gain
ftSurcease of sorrow, and surcease of
IfifWork is the highostbest worship we
IHl l trirfl.
o.,
best labors he truest doth
Hand across, brothers, a bridge
iuildinir true.
Here on the verge of the old and the
new,
I Lay the foundations where fool never
trod,
11 me rocK 01 an ages. riiernai une.
God!
Juild to the plan of His all-arching-blue,
?illars of justice uprearing the true,
junresseu iu iuiuj, ana on nope 01
the good,
strong against evil's tornado and J
flood.
firded with arms that are mighty for
right,
Bolted with wisdom, and braced with
LHis light,
ngthwise and breadthwise, below
and aoove,
linching all fast with the rivets of
ere on the-verge of the old and the
new
suildwe abridge for all 'time run-
j ning,thro',
Jutlet and inlet, age, manhood, and
youth,
Ul the wide span of it arching the
( truth.
11, toll the bell' over mountain and
'11 ouvue year that is ended with
p! butT there goes with thee, grief-
ireighted. year,
O'er much of loving, and hoping and
fear.
Ah! but your autumn was freighted
with wail,
Blanched was the golden, the russet
turned pale;
All o'er the length and the breadth of
the land
Passed a dark shadow with touch of
cold hand:
Passed a dark shadow, and lo! all the
air
Voiced the deep moan of a nation's
despair;
Mourning the minstrel whose strong
glowing breath
Flushed a red rose on the forehead of
death.
There, in the gray of that
lowed lane,
All a wide nation bowed down with
one pain;
All a wide nation and half a wide
world
Bent at the bier where his banner lay
furled.
Ah! but you sought of her, land of his
song,
Him of her travail whose love was so
strong;
Ever at daybreak, at noontide and
night,
"Weaving her garlands of beauty and
light.
Ah! but you took from her, land of his
birth,
First of her treasures and best of her
worth;
Him whose proud song burst, impatient
to wait,
Rang up Heaven's archway and beat
on the gate.
Ah!, but you robbed her, the laud of
his birth,
Alfred, the sweetest, best singer on
earth;
Him whose bright orb paled stars in
its flight,
Daybreak and nightwatch her meteor
light.
Go to thy grave, then; go, go to thy
rest,
Thou who hast garnered our dearest
and best;
So much of song birth and so much of
dirge,
Voices of morning and moaning of
surge.
Hide thee, go, hide thee in deepest
down tomb,
Lost in the throes of earth's travailing
womb;
Eyes of our love will keep watch for
his star,
Tho' that our hearts still make "moan
at the bar."
Toll, toll the bell with a low sobbing
tone,
Toll "Dies Irce" and "Requiem"
moan;
Toll, toll the knell of the wrongs we
create,
jtfalice and enmity, envy and hate.
Toll, toll the bell with a deep, solemn
tone;
Toll "De Profundis," and "Ave"
bemoan;
Oh ! that the False shall go out with
the night!
Oh ! that the True may come in with
the light!
Hark ! from the watch-tower that
jubilant shout:
"Night is departing, the light cometh
out,
Down the lone aisles of the grief-fretted
year
Beats a new song-birth sweet, ringing
and clear :
"Beats on the silence with spread of
strong wing,
Flooding the aisles a loud clarion
ring-Song
of a bridegroom 'home bringing
his bride,
Ringing with gladness, and passion,
and pride.
"Daybreak and song-birth full pulsing
along.
Throbbing the- air with melodious
song,
Springing from earth so ring out thro'
the sphere
The song of a hope-fraught, glad-rising
new year."
Ring out the old year, clang in the
new;
Night has departed, the light cometh
tnro',
Hope of the travail of sorrow is born ;
Ring it out, clang it wide thro' the
still morn.
Ring out the old year, peal in the
new;
Chaunt we the psalm of a Brother-
hood true.
Love, Truth and Tusticp the grand
diapason :
Ring it out, peal it wide over the
nation ! G.
December 20, 1S92,
IN GOLDEN LETTERS.
Have Your Christmas Presents
Marked With Your Name.
A large percentage of the gifts
received this year consisted of
leather or plush goods, scarfs,
purses, boxes, toilet cases, etc.
Sometimes these have been lettered
with the recipient's name, but often
this has not been thought of. All
such articles can have the owner's
name neatly printed thereon in Old
English text, laid on with pure gold
lea The book bindery connected
with the Gazette Office has facilities
for this kind of work, and any
information in this line may be
had upon application. The price
of one line of gold lettering is only
25 cents, and the owners's name in
letters of gold on any article of personal
use certainly adds an air of
style and good taste. Gather up
your presents and have them suitably
marked for your New Year's
present.
Col. Z. S. Spalding of Kealia,
Kauai, presented the Sunday
School children of Hanalei -and
Kapaa on Christmas Day with a
substantial present. The .gift was a
for the purchase of books for the
children, and was highly appreciated.
In the Supreme Court of
waiian Islands.
the Ha-
In Banco.
Hearing November 29, 1S92.
BEFORE JUDD, C. J., BICKERTOX
AXD DOLE, J, J.
The Queen vs. John Costa and
Anna Costa.
A YOte of theUatiinet
was passed by the Legislature on the
1st November, 1S92 The Cabinet tendered
their resignations to the Queen
on the same day, but continued to
attend to the duties of their offices
until the 8th of November, when
their successors were appointed.
On the said 1st of November the Attorney-General,
one of said Cabinet,
before the passage of the said vote of
commissioned a
deputy for the Circuit Court of the
Third Judicial Circuit, who presented
to said Court on the 7th November an
indictment against the defendants. On
a motion to quash,
Held, the Attorney-General was not removed,
or his resignation made complete
by acceptance until his successor
was appointed on the 8th November.
Therefore the acts of his deputy on the
"th were valid.
Motion to quash overruled.
OPINION OF THE COURT PER JUDD,
C. J.
The defendants were indicted for
the crime of murder on the 7th November
last before the Circuit Court
of the Third Judicial Circuit.
The following motion to quash
the indictment was made, and the
question thereby raised was reserved
to the full Court by Presiding Justice
Dole:
And now come tho said defendants
John Costa and Anna Costa, in thoir
own proper persons, and move the
Court here that the indictment presented
against them this day in the
above entitled cause, be quashed, and
in support of said motion, said defendants
allege the following facts,
viz:
1st. That said indictment is not
signed or presented by an Attorney-General
of the Kingdom duly, legally
and constitutionally appointed to and
holding office at the date of the signing
of the same and ita presentment
against these defendants.
2d. That at the time when said indictment
was signed and presented
by W. Austin Whiting, Esquire, as
and for the deputy of Charles Creigh-ton.
Esquire, therein described as the
Attorney-General of the Kingdom,
he, the Baid Charles Creighton, was
not the Attorney-General of the
Kingdom, and was not constitutionally
holding the said office of Attorney-General,
or constitutionally or
legally discharging its duties and
functions.
3d. That at the date of his said
signature to and presentation of said
indictment, as and for such deputy
as aforesaid, he, the said V. Austin
Whiting, was not the deputy legally
and constitutionally appointed, and
holding place and office as such deputy
of the Attorney-General of the
Kingdom.
4th. That the finding of a true bill
against these defendants upon such
indictment so as aforesaid, unsigned
by and not presented by the Attorney-General
of the Kingdom, or by the
deputy of such Attorney-General,
constitutionally and legally holding
office as such at the time of such
signing and presentation, was and is
irregular, invalid and void.
This motion is based upon the
records and files herein, upon the
commission under which said W.
Austin Whiting purports and purported
to act as and to be the deputy
of the Attorney-General of the Kingdom
in this behalf, upon the affidavit
of 0. W. Ashford hereto annexed and
made a part hereof, and upon events
which have occurred in regard to Her
Majesty's Cabinet since noon on the
first day of November, instant, of
which the Court here is respectfully
asked to take judicial notice.
The essential facts as appear by
the affidavits filed are as follows:
On the 1st day of November, 1892,
Her Majesty appointed and commissioned
a Cabinet iu which Mr. Chas.
Creighton was Attorney-General. At
11:30 a.m. of that day Mr. Creighton
commissioned W. Austin Whiting as
his deputy for the Third Judicial
Circuit, and Mr.' Whiting proceeded
by steamer at 2:30 o'clock in the
afternoon of that day to the island of
Hawaii, where the November term of
the Circuit Court of the Third Judicial
Circuit was to be holden in pursuance
of the Btatute. At about 12:30
p. m. of the said 1st of November, the
Legislature passed a resolution of
want of confidence in the said Cabinet.
Whereupon the Cabinet,
through their head Mr. W. H. Corn-well,
tendered their resignations to
the Queen. The affidavit of Mr.
Creighton is 0 the effect that their
resignations were not accepted by
the Queen until the 8th of November,
when their successors were appoint
ed, and Mr. Creighton says he continued
to perform the duties of
Attorney-General until that date.
The indictment in question was
signed "Charles Creighton, Attorney-General,
by his deputy, W. Austin
Whiting."
Mr. C. W. Ashford, counsel for the
defendants, contended that the passage
by the Legislature of a a
of want of confidence in a
Cabinet, more especially when followed
by resignation of the Cabinet,
terminated their official career, and
-request by the Queen to the Cabinet
to hold their offices until their successors
were appointed had no greater
effect than commissions ad interim
would have had. Commissions of
this character were held by this
Court, in Keg. vs. H. F. Poor, 8
Haw., to be, under the present
Constitution, invalid. Acceptance of
tho resignation is not essential to its
completeness. Mr. Creighton re
assumed the duties of his office,
whereas no new commission was
issued to him. Consequently his
appointment of Mr. Whiting as his
deputy was invalid.
Attorney-General Brown per contra.
BT THE COURT.
The Constitution (Article 41) prescribes
that the Cabinet " shall be
appointed and commissioned by the
King and shall be removed by him
only upon a. vote of want of confidence
passed by a majority of all tho
elective members of the Legislature,"
We held in Keg. vs. H. E.
Poor that ' as the tenure of
office of a Cabinet Minister was no
longer at the pleasure of the sovereign
but was subject to the vote of
the Legislature, the Queen copld not
legally appoint Ministers ad interim,
for such an appointment would infer
that the tenure was at the sovereign's
pleasure. This case therefore,
has no bearing upon the present
issue. We consider that the sound
and sensible view of this Article of
the Constitution is that whenever a
vote of want of confidence in a Cabinet
is passed by the Legislature it
is incumbent upon tho sovereign to
make new appointments of Ministers.
Now if the sovereign can only
in the event of a resolution of want
of confidence or conviction of felony,
remove the Cabinet, the plain intendment
is that when such contingencies
arise she must remove them
and appoint their successors. Having
found this to be her duty, a
formal resignation by the Cabinet is
unessential. She. was free to ap
point a new Cabinet as soon as notified
of the passage of the resolution,
whether her Ministers had tendered
their resignations or not. In the
case before us the Cabinet's resignations
were promptly tendered on
the 1st November and now appointments
were made on the 8th. It is
undoubtedly good law that an acceptance
of a resignation may be
manifested by acts of those authorized
to receive it, as by appointing a
successor.
Van Orsdall vs. Hagard 3 Hill 243.
We have no Article in the Consti
tution nor statute that provides that
a Cabinet officer shall continue to
hold office until his successor is ap
pointed. According to the common
law in England a person elected to a
municipal office was obliged to ac
cept it und perform its duties and
he subjected himself to a penalty
by rofusal. EdwardB vs. United
States 103 TJ. S. 473. In the above
case the Supreme Court of the United
States per Mr. Justice Bradley say:
"As civil officers are appointed for the
purpose of exercising the functions
and carrying on the operations of
government, and maintaining public
order, a political organization would
seem to be imperfect which should
allow tho depositaries of its power to
throw off their responsibilities at
their own pleasure." "An office was
regarded as a burden which the appointee
was bound, in the interest
of the community and of good government,
to bear. And from this it
followed 01 course tnat, alter an
office was conferred and assumed, it
could not be laid down without the
consent of the appointing power.
This was required in order that the
public interest might suffer no inconvenience
for the want of public servants
to execute the laws." The
authorities cited are numerous. See
id., p. 474. This learned Court goes
on to say: "In .this country, where
offices of honor and emolument are
commonly more eagerly sought after
than shunned, a contrary doctrine
with regard to such offices, and in
some states, with regard to offices in
general, may have obtained, but we
must assume that the common law
rule prevails, unless the contrary be
shown."
The common law doctrine is held
in Hoke vs. Henderson, 4 'Dev. (N.
C), L. I.; in Van Orsdall vs. Hagard,
3 Hill. 243: and in State vs.
son, 31 N. J. L., 107, that an accept
ance is essential to the completion of
a resignation.
We do not go to the extent of holding
that in this kingdom a resignation
of a public officer may not be
finally effectual, though it be not
accepted by the appointing power.
Such an event would rarely happen.
But in the case before us we have
held it to be the sovereign's duty to
make new appointments. This
should be done reasonably soon.
There should be no hiatus in the
four most important executive offices
of the Government. Public business,
the interests of the entire community
require that the routine of gov
eminent be carried on. There are
stated terms of court prescribed by
law at which accused persons must
be presented for trial or the interests
of justice would suffer. The wheels
of government should not stop or
anarchy would result.
It is most reasonable to hold that
the Cabinet mnst continue to hold
office after a vote of want of confidence
until their successors are ap
pointed. The good of the people require
it, and we find it necessary and
the wisdom of such a rule sustained
by principle and authority. The
question how long a Cabinet, in such
position, may continue to conduct
the business of their offices, the sovereign
not making new appointments,
we do not find it necessary to
discuss further than to state our
opinion that they are obliged to remain
a reasonable time. The appointment
of the new Cabinet on the
8th November, they having resigned,
v?Ty?v&Ff'l!'
rUESDAY. JANUARY 3. 18.3 Hr
can b9 considered as an acceptance
of the resignations of the former
Cabinet, or, if the resignations are
treated as unnecessary, the new appointments
were a removal of the
former incumbents. In either view
the official life of the former Cabinet
did not cease until the 8th November
when their successors were appointed
and assumed office. The fact that
Mr. Creighton continued to attend
to the duties of his office until his
successor was appointed goes to
show that he did not consider his
resignation as then terminating his
official appointment.
We therefore hold that the authority
of Mr. Whiting to act as the
deputy of the Attorney-General continued
good until the successor of
the Attorney-General was appointed,
and his act in signing and presenting
the indictment was valid.
We overrule the motion to quash
the indictment.
Attorney-General Brown for the
Crown; C. W. Ashford for the de
fendants.
Honolulu, December 23, 1892.
A FIERCE FREE FIGHT.
Captains Paul and Zee Battle in
the Merchants' Exchange.
There was more excitement in
the Merchants' Exchange this afternoon
than there has been at
any one time in the last six years,
says the San Francisco Keport.
The large gathering-room was
turned into an athletic club and
for the space of ten minutes a ship
owner and a ship captain battered
each other. Blood flowed copi
ously, and when the melee was
oyer one man had a broken nose,
while the other was minus a con
siderable quantity of skin and
hair.
A few seconds after the fight began
the Exchange was crowded.
The news soon spread and the
shipping men and merchants
crowded in from all directions.
Some sided with one man and some
with the other, and cries of "Go it
Jack!" "Go it Paul," could be
heard all over the room. A number
of others rushed in to stop the
rough-and-tumble, but it was not
until an outsider came on the
scene that the men were separated.
The combatants were Captain J.
Paul of George P. Smith ife Co. and
Captain Jack Lee, late of the bark
Sonoma.
There has been bad blood between
the two men ever since the
latter was relieved from his command.
captain Paul is the managing
owner of the Sonoma and -a half a
dozen other vessels trading between
here, Hawaii and the Sound.
When the two men met this afternoon
on 'change Lee accused
Paul of trying to keep him from
making a living. Paul's only reply
was a knockdown blow.
Lee was on his feet in an instant,
and catching Paul by the hair, delivered
a body blow that almost
nut the ship-owner hors de combat.
Then it was give and take. Sci
ence was thrown to the winds and
the two staid citizens rolled on the
floor and punched and kicked until
they were tired out.
Secretary Emery of .the Exchange
ran into the street bareheaded
and, after going a couple of
blocks, secured the services of a
policeman. As soon as the guardian
of the peace appeared the men
separated.
Paul and Lee were taken into an
adjoining barber shop and had
their wounds dressed, after which
they were taken to the police' station.
Lee was badly beaten. His
lip was split, his nose cut and he
had alsb a black eye. Paul's
clothes were torn, he was minus
some of his front hair, hia right
eye was black and his nose was
skinned.
Both men will prefer charges of
battery against each other.
Your Magazines.
They are lying loose on the
shelves, and unless you take measures
to protect them they will become
soiled and defaced. The best
course to pursue is to have. them
bound. This can be done neatly
and at a reasonable c03t at the
Gazette Office. Ring up 88 for
estimates.
FOR THE HOLIDAYS.
jitRT GOOCDS direct from
the Art Centres.
Artotypes,
Photogravures,
Monochromes,
Randall's -Photographs, 1,
Guerin's Photographs,
Panels.
Cabinet Frames,
Photographs,
Medallions on Glass,
Pastels, etc., etc.
Pacific Hardware Company's
Art Rooms, Port Street.
GIVEN TEN YEAE8;
Illinois Wise Has a Narrow Escape
From the Gallows.
Illinois Wise, the colored cook:
who was accused of murdering a
Chinese on board the bark W. H.
Dimond in April last, has pleaded
guilty to a charge of manslaughter,
and was sentenced to ten years'
imprisonment. The following particulars
are taken from the San
Francisco Call :
There was an intereatinc case before
Judge McKenna of the United State
Circuit Court yesterday (20th inst,) when
Illinois "Wise, a colored roan, was called
for sentence.
Wise was indicted for murder on the
high seas and pleaded guilty to a charge
of manslaughter, which was accepted by
the Government. His case bad been
heard before the United States Commissioner,
and yesterday the testimony was
rehashed to "the Circuit Judge.
The charge against Illinois Wise was
the murder of a Chinese in April hut on
board the American bark W. H. Dimond
while lying in the harbor of Honolulu.
According to the testimony yesterday,
"Wise secreted the Chinese "on board the
W. H. Dimond a few days previous to
sailing, having agreed to import him to
America for a sum of money.
The Chinese was duly taken on board
and hid in "Wise's rcom". About two days
before sailing Wise killed the Mongolian
with a crowbar and threw the remains
overboard. He also threw the bed
clothes in which the Chinese hod slept
into the harbor after putting pieces of
coal in.
The body of the murdered man was
discovered as was also the bed clothing,
and the crime was fastened on the colored
cook of the vessel.
As the murder was committed on an
American vessel the case bad to be tried
in this country.
When the case was called before the
Commissioner, Wise told an improbable
story about another Chinese and the
watchman of the vessel having killed the
man, and that he had arrived on the
scene just as the crime was being committed.
While the Chinese was still .
gurgling on the floor the men dragged
him and threw him overboard. Wise
assisted because the murder had been
committed in his room, and he was
afraid to be implicated in it. for this
reason he pleaded guilty to the crime of
manslaughter.
Yesterday Carroll Cook made a plea
for clemency on the part of the court for
Wise, bat Attorney Lindsey, representing
the Hawaiian Government, strongly
objected, and shifwed by the testimony
how the crime had been a cowardly and
bloody one, the Chinese having been
murdered in his sleep by being struck on
the head with a crowbar. During the
remainder of the voyage Wise refused to
sleep in his own room.
United States District Attorney Garter
stated that as Wise had made a plea of
guilty to the crime of manslaughter, and
as it would cause the Government much
trouble and expense to press tho charge
of murder, the prisoner's plea had been
accepted.
Judge McKenna ordered the prisoner
to stand up, and said that if he deserved
any clemency he had got all due to him
when the Government accepted his plea
on the lesser charge He then sentenced
Wise to ton years' imprisonment in
prison together with a fine of $1000.
Wise escaped very luckily, as there
was a dead case of murder against him.
Carroll Cook was jubilant at the lueky
escape of his client, and on the conclusion
of the court's remarks said he felt
"bully." The sentence with credits nly
means Rix and a half years' imprisonment
for the crime for which Wise
hanging.
"In buying a cough medicine for
children," says H. A. Walker, a prominent
druggist of Ogden, Utah,
"never be afraid to buy Chamberlain's
Couch Remedy. There is no danger
from it and relief is always sure to
follow. I particularly recommend
Chamberlain's, because I have found
it to be safe and reliable. It is intended
especially for colds, croup and
whooping cough." 50 cent bottles for
sale by all dealers. Bexsox, Smith &
Co., agents for the Hawaiian Islands
The following certificate .whioh
was procured from the United
States Brewers' Academy for the
purpose of ascertaining the good
quality of the "Budweiser Beer"
brewed by the Fked. 3lii.iBlt
Brewing Co., Milwaukee, Wis.,
explains itself:
New York, April 0, 1802.
Fbeu Miller Brewing Co.,
Milwaukee, Wis.
Gextlemen: The sample of beerwfifijh
we examined for you contains In 109
parts :
Per eent.
Alcohol 3.41
Extract o.jo
Sugar 1&
Dextrin 2.68
Albuminoids 0.38
Lactic Acid 0.10
Mineral Substances 0.14
Hop Extract, etc 0.81
According to' this analysis, we beg to
state that in our opinion, the Beer nas
been well brewed," well fermented and
well stored. It ha3 a good lifo and shows
good keeping qualities. The Beer has a
trooil and nice round taste, and we can
safely recommend it as a wholesome beverage.
Yours respectfully,
United States Brewers Acadeut.
per 31- Schwarz.
in addition to the fact thatthi.3
Beer contains remarkably little
alcohol, we beg to say that it 13
brewed of genuine hops and the
very best Wisconsin barley, known
as "Scotch Fife," and the water 13
taken from the celebrated
mineral springs well known
throughout the Northwest; in fact
it is the only Milwaukee Beer '
brewed with mineral spring water.
E0. HOFFSCHLAEGER & Co.,
Sole Importers, Hawaiian Islands.
c.9M
