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V 7 rnir ini a I iinn niTifp in pii rn tltl idWAL LlULL ouil lo rlLLiJ AfiAImTEniiflD PIB THE fiflifEHAintt numnui LUiiuiiiuii iiil uuvuuum i (Ccnttnoed from rase 1) daily newspaper of general circula tion In the city and county of Homo lulu and la the territory of Hawaii aforesaid; That the Honorable Lucius U. Pink ham iu and was Velore, on and after aid date the Governor of the Terri tory of Hawaii and as such has bee residing, did reside and Is residing in the city and county of Honolulu, terri tory of Hawaii, and Is a man of good repute and stand log in said Honolulu, and In bis official capacity Is pledged to support and has always, .by act. word and ded faithfully in said terri tory, supported the Constitution and laws of the United States of America and cf the territory of Hawaii "That the said Roderick O. Matbe son, being a person of malicious, evil and wicked mind, did on the 23rd day nf Irine 1917 :n KnnnliiTn ritr mud county of Honolulu, territory of Ha- wail, maliciously, wickedly and un lawfully contrive and intend to injure the fame, repv'atlon and good name of said Honorable Lucius EL Plnkham and to bring said Honorable Lucius E. Plnkham into disgrace, abhorrence, odium, hatred, contempt and ridicuie, and for such malicious, wicked and unlawful purposes did, at Honolulu, city and county of Honolulu, territory of Hawaii on said 23rd day of June, A. D. 1917, falsely, maliciously, wick' edly and unlawfully print and publish and cause to be printed and published in raid The Pacific Commercial Ad vertiser, a -newspaper of general cir culation in said city and county of Honolulu and in said territory of Ha waii, and printed in the English lan guage, of which newspaper said Rod erick O. Matheson was then and there the editor, a certain false, malicious and defamatory libel on the 4th page of said newspaper of said date under the heading "Under What Flag?' said libel containing divert false: scandal ous, malicious and defamatory mat ters of and concerning the Honorable Lucius E. Plnkham, ? aalS malicious and defamatory libel being as , fol lows: - - (Here Is attached In the, complaint the clipping of the editorial referred to.) The complaint continues: "Which said - false, - malicious and defamatory libel the said Roderick 0. Matheson did then and there on the said 23rd day ot June, A. D. 1917, print .and publish or cause to be printed and published to one, Harry. T. Lake In Honolulu, city and county of Hono lulu, territory of Hawaii, intending and contriving thereby1 to bring the EXTENSION, REQUEST. . ON WAIOLAMA DENIED ' easiBaBBsssisf - - - w h A, request from the Lord-Young En gineering Company for an . extension of 60 days on the Waiolama reclama tion project, Hllow will not ho granted, hy Acting Superintendent fr 'Public Workj W. R Hobby. i t H ? . T u ; -Hobby said toda? .- that he Is not ready to discuss the matter la detail. . but that be has made up hit mind not. to allow the extension. -The contract period ends on the last day of thla month. The work has been In crop reas for more than a year. : ;-. CLOTHES LINE SAVES S ROOMER BROKEN BONES A good old fashioned clothe . line wire probably saved J. Piths several broken bones when he fell about JO feet from the window of his room In the second story of s place at the corner ot South and King streets. He was treated at the emergency hospital for minor bruises. Policeman MD. Barboza reports Piths was under the Influence of liquor He' struck i the wire sbout half way down and broke his fall 'A : -v r. ' ' v Herman Alexander was elected tem porary secretary of the Bible school of Central . Union .church at A meetlnf of the school last night He succeeds Jay A. Urice, who will shortly lesve tor the mainland, flans for a Sunday .school picnic late In August were out lined. -The school rally wCl be held in September, at which time the fall classes will be reorganized, new teach ers appointed, and new courses an nounced., - - ': : 'k - I J'' t i' k. . 1 I I I I I i Read thetr Thoy strive (Willi lliiil iiisii It your buytog. Co-operate with them by trading with those -who CARRY THE CEST. - 5 said Honorable Lucius E. Plnkham into disgrace, abhorrence, odium, hat red, contempt and ridicule, and to in jure the fame, reputation and good name of said Honorable Lucius E. Plnkham, and did then and there anil thereby commit the offense of mak ing and publishing a libel contrary to the provisions of Chapter 251 of the Revised Laws of Hawaii, 1915. "That presented herewith and at tached hereto is the affidavit of Har ry T. Lake, showing vnlo your honor probable cause that said Roderick O. Matheson has committed the said of fense. "Wherefore, the undersigned prays that the said Roderick O. Matheson may be apprehended and brought be fore eajd Circuit Court to answer this charge, and that such further proceed Ings may be had rn the premises as to right and Justice may appertain. "Dated, this 26th day of June, A. D. f 1917 (Signed) "ARTHUR M. BROWN. "City and County Attorney in and for SUE SS H0DOlu,u' irii ilj j vi timv mil. Warrant of Arrest Then follows the affidavit by Lake cited to prove the circulation of the alleged libel. Judge Heen's warrant of arrest is as follows: THE TERRITORY OP HAWAII: "TO THE HIGH SHERIFF of the Territory of Hawaii, or his deputy. the Sheriff of the City and County of Honolulu, or his deputy and to any police officer In and for the City and County of Honolulu, or any district thereof. GREETING: "YOU ARE HEREBY COMMAND ED forthwith to arrest Roderick O. Matheson accused in the Information of Arthur M. Brown, city and county attorney, upon his official oath, sup ported by the affidavit of a witness, as having committed the offense ot making and publishing a libel against the person tf tho Honorable Lucius E. Plnkham contrary to the statute In such case made and provided and to have his body before tho third Judge of said circuit court in .the first cir cuit, territory of Hawaii, at his court room, in the Judiciary building. In the city of Honolulu, at 2 o clock a. m. on' the 26th day of June, A. D. 1117, or as soon thereafter as may be. "HEREOF FAIL NOT. but haTe you then and there this writ, together with the retain of your proceedings; hereon. ' Dated, this 26th day of June, A. D. 1917. . ' (Signed) "WM. KEEN, "Third Judge, Circuit ' Court, First Circuit; Territory of Hawaii" FIRST COMMISSIONS IN m HOME. GUARD ARE GIVEN SACRAMENTp, Cal The first commissions issued for officers of the California. Home Guard went to com panies' In Suisfcm Santa Rosa and Sacramento, according to the an nouncement of Adjutant General J. J. Boree .; Tho conrmlsslonj Issued are In accord with the result of elections held by the organizations and approv e(j by the county councils of defense. King companies 'of the home guard now have been licensed to organize and a . dozen me re applications' are i under consideration. a ' bill passed by congress and now awaiting signa ture by the president; provides for equipping home guard units with rifles, by the government, as soon ai found -practicable to do so. ; r "ROSE SPENT 1183. Late" yesterday., afternoon Sheriff Charles Rose filed his general election expense account which amounted to f S1S3. ' John MarkhanV the only other late candidate, v also filed his. It amounted to 25.50, which Is the least that any of the candidates spent. AUTO TRUCK HITS BOY. r When .M Jwanaga, driving motor truck 18S2, drove on the sidewalk in front of the Liberty theater about ? o'clock last night, he hit Yock KwaL a four-year old Chinese boy, who was cared for at the emergency hospital. ' vBrftlsh' aviators obtained "good re sults", from a ' bombing - attack over the dock and canal of Bruges. , Ada. and prost there' to assist you tn J by r itb.LJUijajzyuuu IU HIV Ub Mtt d Because the pr'ce of material and I labor has in ere a-id to such an extent since the public hearing on the Cere- taaia street. Ala pal to Punahou, iro provement district was held, the esti mate on the coat of the work by the engineer is practically $20,000 leas than the amount deemed necessary nov. At that time the engineer figured the Improvement would cost I111.3M. but now it will be nearer $120,000, he says. As a result the engineering office is in a dilemma. Lnless a way of re ducing the present cost is found an other public hearing will have to be held, with new figures to present If the public hearing is held the next question which comes up is whether the work will be done under the old or new frontage tax law. .The latter will cost the city four to five thou sand dollars more. And on top of it is the question of morey. The terri tory save enougl under the old fls ure to finish the work, but' now the county will have to find the rest. BOURBONS MEET AGAIN TONIGHT TO CONSIDER APPLICATIONS FOR JOBS Another meeting of the Democratic county committee is scheduled for 7:20 o'clock this evening, and it is likely that the hundred or more appli cations for positions under the new city administration will be opened. Another item of business scheduled is the selection of a successor to Su pervisor-elect William McClellan as chairman of the committee. Senator Manuel C. Pacbeco is scheduled for the appointment, having recently been delegated to the county committee from the 10th precinct of the fourth district. At a meeting of the commttee last eight it Is reported that the members discussed party policies, read law books and court decisions, and famil iarized themselves with, the organio act, and the new draft law. Last night' the five Republican-sup ervisors met at the city hall and dis cussed ways and means of keeping the balance of power In their hands, They went over the rules governing the procedure of the board and agreed to change them so that the standing committees will be appointed by the board itself and not by the mayor, They also agreed that there should be only five committees instead of seven. but that the two Democrats would be represented on all of them. in regard to the appointment by the Tiayor of department heads it wss de cided that all should be kept in office and any attempt on the part of the Democrats to make changes should be blocked. John F. Haley, collector of Interna! revenue, who has been maae aeiena ant la a suit filed in federal court by the Maul Agricultural Co. for the re covery of $40,650 In excise taxes al leged to have been paid to the col lector under protest, has been given 20 days In which to demur or other wise answer the complaint The col lector will be represented by U. S. At torney S. C. Huber and his assistant Judge J. J. Banks. The plaintiffs are the Haiku Sugar Company, Pais Plantation, Kaliallnui Plantation Company, Pulehu Planta tion Company, Kula Plantation Com pany, Makawao Plantation Company ta(j Kallua Plantation Company. copartners doing Business un der the firm name of Maul Agricul tural Company - The suit Is said to be a friendly one, to test the validity of the collection of 'federal income taxes by the gov ernment The plaintiffs are repre sented by the .law firms ot Smith, Warren & Whitney, and Frear, Pros- ser. Anderson and Marx, It Is claimed by the plaintiffs that they paid three separate amounts o; Income taxes under protest on Sep tember 2, 1916, and on September 18, entered an appeal from the declcloa that it was liable to federal Income taxes to the commissioner of "nterna i e Venue. It is further asserted that at the same time, it presented a claim for a refund, which was denied and rejected. In part the complaint says That the said taxes and additional taxes or penalties- amounting to S209S.S3. $10,669.56 and $27,284.51, re spectively, a total of $40,652.90, and the assessments thereof and the ex action of the payment thereof and the demand and requirement of returns of the income or profits by the said Maui Agricultural Company, as aforesaid. were end are Illegal and Invalid and In violation of the constitution and ot the laws of the United States, and particularly of the provisions of the said Section II of .the said act of the third day of October, 1913, and of the rights of the said plaintiffs, and that the said plaintiffs are entitled to re cover the said sums and each oi them from the said defendant and bave observed and performed all pro visions and requirements of the laws of the United States and of the rules and regulations prescribed by tho commissioner of internal svenue and approved by the - secretary ot the treasury and all other matters and things necessary or required to be observed or performed on their part to entitle them to recover the same. The prayer of the plaintiffs says: "Wherefore the said plaintiffs pray the judgment of this court that they recover-from the said defendant the said aums of $2,098,83, 210,669.56 and J27.884.51, total ot $40,652.90, together with interest thereon from the said 8th day of September. 1916, and all their proper and necessary costs and disbursements herein, , and for all other relief to which they may be en titled; and they further pray the proc ess of this court to cite the said de fendant to appear and answer this, their complaint,r- According to the London Mirror, j Tls count Cowdray, chairman of the air board., resigned his. post tor pri TEST VALIDITY OF EXCISE TAX LAVS 0: S. BiiCrtTS 17.7 111 RI6ID 0L (iiucUUl Tnm sr V. S. Kaval C U rttiitn nil uwj WASHINGTON. D. C June 26. President Wilson yesterday assumed control ot exports and appointed the secretary of state, secretary of agri culture, secretary of commerce and the food administrator a council to handle the powers and duties that arise under the "Export Control Law.'' The executive order creating it di rects the department of commerce to administer the details of operation. A meeting of the new council will be held today when it will organixe It will recommend that there shall be a series of proclamations issued by the President to put the law in active operation. The first proclamation will require the licensing of all coal and fuel shipments, thus giving tne government a grasp upon shipping The second proclamation will require a system of licensing of every sort of exports. This is designed to prevent any exports of any nature from this country reaching Germany under all circumstances.' President Wilson made tula state ment last eveninc: "There will be absolutely fair play in the adminis tration of this law and trade will not be arbitrarily interfered with. Vic tory can only be achieved by the sys tematic direction of our American trade. It is for this the law is de signed and it is to this end that the council win direct." Under this law and with it In opera tion the President is exercising a pow er over commerce and trade which is greater than any power that any of his predecessors have exercised. The law is drastic in its provisions and the powers are nearly absolute. This measure is the one which neutral countries, especially Switzer land, have dreaded tor if it is found that American goods sre reaching Germany through any neutral coun try the source of supply to thst coun try can Immediately be closed to such offending neutral nation. Switz erland has claimed that if it cannot get coal and fuel from Germany it must have them from the United States. TRIP TO KAUAI Coniest Under Star-Bulletin Auspices is One of Biggest Successes in History (Continued from Page 8) The contest closed at 11 o'clock thfs morning. -Billy" Miles was invited to send an all-star lnterscholaatlc team to Kauai by Charles A. Rice and Hans Jsen; berg. Inasmuch as Miles was man ager of the St Loui? team, he decided to leave the matter of the selection of the players up to the tana of Hono lulu. The Star-Bulletin offered to conduct the contest Letters came In from every section of the Island. Among the many were selections mado by feminine fans who had followed the games. All this morning telephone calls came into the office, asking bow the vote was going, and the latest mall was flooded with letters sent by ardent fans. There was a close race for third base and . utility positions, while George Haneberg, the peppery little second sacker of St Louis, "rah strong In all precincts." . At 9 o'clock it was certain that Haneberg would have a big majority over all candidates, and Lai Sin, the first sacker of St Louis, was also running strong. The. fact tjaaT Hay selden did not expect to make the trip cut down his vote for a time, but he ran strong in the votes this morning. Sunn Hung, who was the leading hitter of the league, carried a big vote on this account and the fact that he was pitted against Haneberg at second base evidently caused the fans to shift him to the outfield, where he has been playing of late. The selection made by the fans is practically the same as' that made by the Star-Bulletin, when an all-star team was selected, v Commercial Uniforms to Be Worn George Haneberg made the sugges tion that the players use the Commer cial League uniforms, giving the Hono lulu firms representation on the trif. This received the hearty support of the majority of the business houses, and these suits vill be used. The team will hold first practise this afternoon at 4 o'clock at Moiliili Field. The squad leaves Monday afternoon at 5 o'clock. Billy Miles said today that the selec tion which was made by the fans is satisfactory to alL and should mako a great showing on Kauai. "It shows that there is much Inter est In the game, and the contest han dled by the Star-Bulletin proves con cluslvely tnat the tans ronow tnei columns," he said. Miles has named Henry Chilllngworth as representative on Kauai. REFUSE FARES, ATTEMPT TO ROB HACK DRIVER Instead of paying their fare when Hung Hee, driving hack 85. had driven them from the Oahu depot to a place on School street in the Mclnerny tract about 1 o'clock this morning, two Ha- waiians not only refused but also de manded his money or his life, accord ing, to Policeman Isaac D. Iaea, who investigated, and then knocked him senseless when he-refused. Later he was found and taken to the emergency hospital where an ugly cut over the eye was dressed. A business meeting of the member? of Central Union church will be held at, 7:30 o'clock tomorrow evening to receive the joint report of the trus tees and standing committee recom mending that Rev. J. H. Williams be appointed permanent acting minister BASEBALL FANS PICK Mil FOR VITAL STATISTICS BORN NEILSO.V In Leahl Home, Honolulu. Jane 23, 1217. Jena Edward NeOson of 1339 Wilder avenue, married, a native of Norway. 2 years old, FRAXCIS In Honolulu. June 23. 19i7. Emma, daughter of Mr. and Mrs. IL S. Francis of 1728 Luso street a native ot this city, one month and 21 das old. MA UN A In the Queens Hospital. June 23, 1917. Solomon Mauna of this city, unmarried, brakeman, a native of Hawaii. 21 years old. PARKER In Honolulu. June 1917. Elmyraf' Kapaohauola. daughter of Mr. and Mrs. Clement Parker of 1238 Pua lane. Palama. a native of this city, cne year, one month and 16 days old. RANGE In Honolulu. June 22, 1917, Esther Mary Mahoe. daughter of Mr. and Mrs. Henry Range of 280 N. School street, a rtive of this city, seven months and nine days old. WEHR In the Department Hospital, Fort Shafter, Hcnolulu, June 22, 1917. to Mr. and Mrs. Frederick J Wehr. of 1408 Middle street, a daughter June Agnes. MARRIED JEWELL-R0BIN80N In Honolulu. June 23, 1917. Harold Guy Jewell and Miss Evelyn Pearl Robinson, David C. Peters, pastor of the Chris tian church, officiating. Witnesses. Mr. and Mrs. Rufus W. Robinson. AH SAM-CRAWFORD In Honolulu. June 23. 1917, Ah Sam and Miss Mary K. Crawford, Rev. Samuel K. Kamalopill, assistant pastor of Kau makapfli church, Palama, officiat ing. A Witnesses, Mrs. Helen Hunt ley snd George CrawfoM. CHAR-KOEA In Walluku. Maul. June 22, 1917, Char Sin Kim and Miss Caroline Koea, both of Huelo, Rev. Lincoln B. Kaumeheiwa, pas tor of the Kaahumanu church of Walluku. officiating. MARCIEL-TALLANT In the Catho lic church of St Anthony, Walluku. Maui, June 21. .1917, Francis V. Mar del of Kaupo, and Miss Maria Tai lant daughter of Sheriff and Mrs. Clement O. Crowell of Walluku, Rev. Father Charles of the Hans Catholic church officiating. Wit nesses, Clement O. Crowell snd A. V. Msrclel. STARRATT-AIKEN In Wsiluku. Maul, June 20, 1917, Harold Esrl Starratt and Miss Irene Blowers Aiken, Rev. J. Charles Villiers. rec tor of the Church ot the Good Shepherd, officiating. Witnesses, Worth O. Aiken snd' Mrs. F. W. Hsrdy. GOFF-VAtf ARSDELIr In HJlO, Ha wail, June 16. 1117. Roy A. Goff and Miss Mary Tan Xrsdell, Rev. George Laugh ton. pastor of the First Foreign church of Hilo, offi ciating. Witnesses, Miss Helen Haas and H. William Berg. FRANK-KAPANA In Honolulu, June 25, 1917, Manuel Frank and Mrs. An nie Kapana. Rev. Samuel K. Kam alopill, assistant paster ot Kauma kaplli Church, officiating; witnesses Mr. and Mrs. Joseph Mahoe. VAHLHAUS-MONIZ In Honolulu. June 24. 1917, Joseph Vahlhaus and Miss Lizzie Monlz, Rev. Samuel K. Kamalopill. assistant pastor of Kau makapili Church, officiating; wit nesses Mr. and Mrs. Manuel Monlz. MONIZ-VASCONCELLOSIn Hono lulu, June 12, 1917, Manuel Monlz and Miss Christina Vasconcellos, Rev. Patrick St. Leger. of the Cath olic Cathedral, officiating; witnesses Antonio Rezentes and Mrs. Gloria Rezentes. DIED FERNANDES In Honolulu, June 23. One u This Newspaper A Over 12,000 people read it. - It goes into their homes when they have leisure and longing to read. Though you strove all day yon could not find them in so receptive a mood. Qur News Service is live and strictly up-to-the-minute, and pre sents a picture of the world's day's doings that one might try in vain to duplicate in many metropolitan Newspapers. "We are as wide-awake to your interests as you are yourself, and are as anxious that the story of your store be presented in as at tractive a way as money, men and materials can do it Think it over! Doesn't it strike yon that this papeT is the advertising medium you must use to get the big results you seek? WE STORE EVERYTHING . JAMES H. LOVE Every Conscientious Grocer LOVE'S CREAM "WRAPPED AS THERE'S A REASON 1917. John Vincent Feraandes, ot Kaiihi road, near Republican street Kalihi, married, contractor, a native of Funchal, Madeira, 49 years 2 months and 14 days old. Funeral at 3:30 tomorrow afternoon from Wil liams' undertaking parlors. Inter ment in the Catholic Cemetery, King street. KALANIOLALOA In Honolulu, June 25, 1917, A. Kalaniolaloa. of this city, unmarried, laborer, a native of Hawaii, 40 years old. WILCOX lb the Department Hospt tal. Fort Shatter. Honolulu, Juai 25, 1917, Sherman A'. Wilcox, private in Coast Artillery Corps. V. 8. A., unmarried, a native of NetVaska, 23 years old. SILVA In Honolulu. June 24, 1917. J. Thomaa Silva of S34 Ilaniwai street. Kakaako, married, laborer, a native of the Island of St. Michael. Arores. Portugal. 5 years old. KEALOHA In Honolulu. June 24, 1917. Solomon Kealoha. of 1517 Chung Hoon Lane, off School street, a native ?f this city, 7 days old. The navy department will spend 380,000,000 in new buildings at the yards and training stations. Splendid program of events at Hilo on Fourth of July. Adv. SACHS' Today and Tomorrow each department will have - Special $1.00 Values and every article is of unusual value at this priceu SACHS' Hotel i!li';l''ll',Ji!;H II , i' .J-viiiililllfig'!!!!!!!!:'!:,:. !lif!f!W'tll!llhl!i!l ! of Our 6000 Homes ! goes into 6000 homes every evening. Honolulu Star-Bulletin 5 CITY TRANSFER COMPANY t PHONK1231- SOON AS BAKED "INSIST ON HAVING IT" NAVAL RADIO SERVICE IS DISORGANIZED TODAY Disorganization of the naval radio service here was caused yesterday by the breakdown of the station at San Francisco and apparently trouble was experienced today, for the Star-Bulletin's regular Associated Press report was delayed two hours past the usual raeeiving time. POLICE COURT NOTES i . Lazaro was fined 3fl by Judge Ir win for assault and battery Monday. ii . t For cutting corners with his csr Edward Miller was arraigned before Judge Irwin and was given a suspend ed sentence. G. Schutte, accused of heedless driving, was arraigned la police court and discharged when his case ws nolle prossed. yl Kim Chong paid HO for gambling and Frank Perry was assessed a simi lar amount for having insufficient lights on his auto. near Fort lb ID. vate business msonarr of the church