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The Independent. [volume] (Honolulu, H.I.) 1895-1905, November 17, 1902, Image 2

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85047097/1902-11-17/ed-1/seq-2/

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H
II
THE INDEPENDENT
XOBUJBU
EVERY AFTERNOON
CBxoopt Bandar
r
T3LHPH0NB MAIH 341
P O BOX 81
B itewd at the Post OMce at Honolulu
H T os Booond olass mall
OUBBOQIPIION BATK8
gt Month anywhore In the Ha-
wailan Islands j
lor Year 00
Eer Year poitpaid to Foreign Conn
8 00
tries
buyable Invariably In Advance
F J TESTA Proprietor and Put-
llahsr -
t
Residing In Honolulu
MONDAY NOV 17
WHAT WILL XHEY DO
Would Govemor Dole dare to reap
point to office those of his appointees
who were turned down by the Senate
at Its last session Wo feel that he
will have the temerity and the impu
dence to do so Yes hell dare the
Senate soon to meet In extra session
hut the question is will the membors
thereof accept his dictation Let us
wait as only a littlo while is yet left
and see whether he will dare it or
whether the Senate will1 submit to him
or to his dictation
The Governor may soon call for ail
other revival with the business com
munity composing of foreign consuls
and aliens to see whether they will
uphold him or not This revival pol
icy Is an un American course ofjictlon
but it is somewhat of a relief to our
befogged badly frightened and great
1 rattled Governor who Is at a loss
as to -what to do the matter being
thereto led by his whiskers by the
great Pooh Hah the great diplomat
who at one fell stroko of his diploma
cy cost the Territory 75000
But why leappolnt those turned
down Is It with a view ot having
them confirmed by the Senate which
Is soon to assemblo on Thursday so
as to continue in office for the full
term of four years This is now up
to the Senate to confirm or to roject
which is now called for the consider
ation of such public business as may
bo brought before it and not for any
specific purpose as Hie wording of tuq
call Is Indistinct as far as the business
to which it is called to consider It
Is only by Inference that the specific
purpose for which it Is called Is under
stood otherwise It Is vague and hazy
In this connection the question
again comes up which Senate Is It that
has boon called together for the pur
pose of considering such public busi
ness as the Governor may bring for
ward before it We still hold to our
contention made hi former Issues that
it Is the samo one elected at the first
general election held under the Or-
ganlc Act the one composed of a
Homo Rule majority It Is that and
none other The newly elected Sen
ate Is unorganized but the Governor
may hold that such Is the legal body
and If so we think he Is mistaken
We would here suggest to the lead
ers and advisers of the Home Rule par
ty whoever they may be to have all
the Home Rule Senators and turncoats
of the first body advised to take their
scats and then let the question come
up and have it submitted to Washing
ton for an opinion If Governor Dole
has really been taken to task In tho
matter of presuming to remove cer
tain officials who were appointed un
der the terms of the Organic Act with
out first having had the same by and
with the advice and consent of the
Senate we feel that he will be ac
corded the same treatment In the
matter of what shall constitute the
lawful advisory jody upon whose ad
vice and consent he is to follow In
the letter and spirit of the fundamen
tal law Any other step and course
we hold to be disastrous and a most
dangerous policy and precedent for
the future conduct of the functions of
nur Territorial government
It may be held that those who wero
turned down by the first Senate were
capable and efficient ofticials and that
their turning down was due to a body
of Senators already prejudiced politi
cally against them and still that was
the lawful advisory body of the Gov
ernor pledged to turn down any offi
cer distasteful to It as abody and to
the majority of the members therool
and whose actions tlierefor were legal
and should now be hold binding But
we must await for developments in a
few days and then well see how
things may go and turn out
As at present constituted we mean
the Senate with its newly elected
members tho Governor surely fools
that bis party is uppermost and will
follow his dictation the present ma
jority being tantamount to a support
of his governmental course and policy
but of course that yet remains to be
seen And further it is still to be seen
whether tho Senate either the Home
Rule or Republican majorities will en
dorse and sustain Goyerjjgr Dole and
Secretary Cooper -
THE FIBK CLAIMS CABEfl
Just what we expected the result
would be in the two mandamus cases
against tho Fire Claims Commission
was what the Suprene Court decided
ir its decision filed on Saturday We
once said over a mouth ago that no
Judicial body under tho special act of
the Legislature creating the Commis
sion has tho legal right to pass in re
view the work of that special creature
of the last Legislature In helping out
tbo poor sufferers of the health fires
Instituted by tho Heajth authorities
Now the Supremo Court in tho syl
labus of Its decision In support of the
abovo viow made herein says as fol
lows Even If the remedy by man
damus were aB ample under our stat
uto as tho remedy Is usually else
where by certiorari still the award J
having been made by tho Commission
acting within Its jurisdiction cannot i
ba reviewed and corrected since tho
statute makes it final and not subject
to appeal
Tho above excerpt is also In support
ol what we then said In the same ar
ticle that that body not a judicial
one but only a commission empowered
judicially to pass upon certain claims
and make awards therefor is the
solo master of the situation ifs judg
ments being final which Is also fur
ther supported by the following It
was competent for the Legislature to
provide that the awards of a special
Commission or this kipd created for
adjudicating claims against the Gov
ernment should be final
Now that the limit of an endless
source of interminable litigation has
been settled by the highest tribunal
In the land we earnestly hope that no
further attempts will be made to re
view any of the awards of tho Com
mission and that these same awards
be accepted as final as the Legislature
had intended them to be under the spe
cial act that created the Commission
Justice demands and justice alono
Is to be considered in the matter that
these claims should be equitably pass
ed upon and no review thereof should
follow for if there was equity and
justice would both miscarry and there
would be no end to litigations We
said the above in the same article and
now it is seen that justice did demand
and has been vindicated It Is hoped
that all parties will accept the situa
tion gracefully
TOPICS OE THE DAY
The Supreme Court on Saturday
filed another decision of much Import
ance to the public It is in regard to
the fisheries cases which the Court de
cides that there can he no private
rights In sea fishing The outcome
of this decision will throw out all the
cases filed and the fisheries claimed
will now escheat to the United States
for the free use of her citizens
Had Prince now Delegate elect Cu
pid met with any serious result from
his accident yesterday instead of the
day being a natal celebration of his
late royal uncle and patron It would
have been a day of mourning for Ha
waii Such a catastropho in a politi
cal sense might have necessitated tho
holding of another election for Dele
gate to Congress But we aro more
than pleased that our young friend
has been saved to us to Hawaii and to
its people i i j
The call of Governor Dole for a
special session of the Senate was well
timed and will meet with general ap
proval In fact It offers a fortunate
loophole for the escape of the Terri
torial government from its unfortun
ate dilemma with regard to untrust
worthy officials An extra session
however Is supposed to hg for ft Pe
clfic purpose which should be clearly
and distinctly stated In the call anu
In this Instance the wording of the
jail Is quite Indistinct and hazy
ilaul News
It was a kind JlOVjdpncg hat saved
Prince Cupid and his companions
from an untimely watery grave yester
day After clinging to it swamped
sailing yacht they were saved In due
cpuroe of time- by friends wlio went
out to Cheir rescue from shore It was
fortunate for the people that no life
was pt although endangered for a
time while a howling gale was furi
ously blowing and a paging sea surg
ing Thanks are duo for their deliver
ance from the peril of the deep al
though aid was near them on tho
battleship Oregon but was not ex
tended them
WEDAY KENNABD 00NTJi3T
The Manly Art of Bolf Detonsn ne
Depicted by Profesaiotia
The well advertised and long looked
forward to by the local spoits ten
round glove contest between Jack We
day the local light weight champion
and Jlmmle Kennard the St Paul
Kid came off at the Orpheum on Saturday-evening
before a packed house
The contest was interesting as are ex
hibitions of the manly art and was
clean from start to finish Kennard
was overmatched but put up a game
contest Weday was not over aggres
sive and by his permission Kennard
stayed the ten rounds tho decision
going to Wcday the Kid being all
but knocked out at the finish
The preliminaries consisted of first
a four round go between two colored
boxers O B Ryan and Lowrle After
a scries of fumbles falls and general
mixing Lowiio was given the deci
sion Referee Paddy Ryan then in
troduced two Japanese wrestlers who
after genuflexions to one another grap
pled and after a brief period Toml
Toml for whose name Charlie Chlll
ingworth stood sponsor downed his
man and was declared winner of the
bout Two other Japs then contested
and the victor of this bout was paired
with the winner of the previous one
In the final Toml Tomi was victorious
Jack Owens and Harry Richling
two well developed Jack tars of the
cruiser New York classed as heavy
weights entered for a four round con
test Both sparred well but Richling
was the most aggressive and in the
third round delivered a solar plexus
to Owens which put the receiver down
and out
Considerable interebt was evident In
the next match between one Sailor
Blown and a colored boxer named U
S Harris On the appearance of the
pair and the announcement by Referee
Ryan that Brown had once obtained a
decision over Tom Sharkey date and
place not named the sailor lads in
the audience were al for Brown On
the tap ot the gong Brown mudo for
the center of the stage but refused to
do the customary shake hands with
Harris Instead he had a vlcjous right
swing which Harris ducked This was
Browns first and only blow for Har
ris rushed him to the upper end of the
ropes and gavp lm jay punches rh
roasters upper cuts etc without a
single retuin foru the befogged white
boxer The referee stopped tho contest
and Deputy Sheriff Chllllngworth
piloted the muddled Brown away from
further Interference in uleun sport
Harris got an easy decision
The quickness in passing of these
preliminaries caused a hiatus In the
continuanco of the piogrnm but which
was partly filled In by the skylarking
of a Jolly pack tar Wl0 between
speeebmaking and dancing filled the
Interval o a cake walk music by the
band
At 935 Weday raado his entrance
and walked quietly to his corner He
was In the plnlc of condition It was
not unUJ 945 tjiaj the Kid made en
trance and gmP mputea wgry taken
up nferYrds fn necessary prepara
tiop at tjjg rng 6ide I II Dee tho
backer of Weday made awnopceruenl
11 Mai W
of tho agreement a ten round contest
and tho amount while Maungor Cohen
showed a filled sack with the coin In
evidence of good faith Billy Woods
was chosen referee and at 950 the gojig
was tapped for the first round
Jlminic Fox manipulating the tocsin
Hound 1 Both men shook hands
and tho appearance showed a pigmy
and a giant The Kid feinted and in
duced Weday to lead a wicked left
swing the Kid ducking Sparring
continued throughout this round and
the next three the Kid giving evidence
of his quickness with his hands and
with his head In the third the Kid
landed on Weday three tlnios In suc
cession without a return but the blows
were without force on account of lack
of reach and the quickness necessary
to avoid return Weday had his op
ponent sized up and from this round
to the seventh he piyec with Ken
nard once In a while lifals work pass
ing In a left swing or upper cut
Seventh round The ducking of the
Kid had saved hlm many an ear
warmer for his gameness made
him aggressive evon though great
ly overmatched In this round Weday
caught the Kid with a left swing that
jarred him followlng soon after with
a straight right that must havo set
things rattling in the Kids knowl
edge box Theround was fast the
Kid becoming tired
Eighth round In this round the
first in which Weday really went after
his man there was a battle from first
to last but the gameness of the Kid
winning him much applause The
gong saved the boy
The last rounds In the ninth al
though a bit groggy the Kid made a
brave showing coming quickly to the
front and landing a weak uppercut
The lad was quite shifty and broke
ground quite often Weday looking for
a quietus blow but the round ended
with the lad on his feet but bloody
In the last round Weday went in for
business landing his right swing many
times without response The Kid
held his feet through to the end but
Weday got the decision
Photographic
Portraits
Fine Assortment of ISLAND
VIEWS Send for list
First Glass tfork Gnarantetd
QS
Photographic Co
LIMITED
MOTT SMITH BLOOK1
Corner Fort and Hotel Streets
2676 tf
RESUMED HIB PBACTICE
Dr Galbraith of this city hi
resumed bia practice and can be
found at h a otlice corner of lrfl
tania and Union ntrceto between
th hours of 8 and 10 a ro and I
to 3 aDd 7 to 8 p m daily Tele
phone Main 204 2845 2w
TO LEX OB LtASE
as
A Cottajre on King St
No 1104 containing
fi rooms latnlv N
pied WUh W P Harry Ben njorj
erae Anpv to
ANBARAM FEJ1NANDEB
nitn JjivvftHan BrdwrBJo
- vi

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