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E" IN ITALY: GERMAN.. WAR OFFICE CLAIMS 11,000 CAPTURED
v.- - NEXT MAILS From San Francisco Wednesday, Dec. 13. For San Francisco Saturday, Dec. 8. J Evening BuUetln, Eat. 1882, No. 6961. Hawaiian Star, Vol. XXV, No. 8002. 12 PACr 3 HONOLULU, TERRITORY OF. HAWAII, THURSDAY, DECEMBER 6, 1917. 12 PAGES PRICE FIVE CENTS NEW "DfflV lltfrfStitrll 11 iiMHm I 3;3.0 I iy JP-1 iMiW!U i ii l Edition J" 1: X:' ,lf ;lilnuwiL)g. Court Molds Chinese Not Expatriated Question of Loss of Citizenship By Foreign Residence De cided; Persons Naturalized Under Republic Bona Fide Citizens of America The Republlc'of Hawaii In con. f erring eltlaenahlp upon thoae who had been made, aubjecta of the " Monarchy, did net make any die i iMf.fiiM httwaen thoae who were h -islands and thoae who wer&iot; and. In my opinion, all who were made eltltene ehould be regarded the aame kind or class.- By the reeolutlon of arv nexatlon tnie law ot xn npnv of Hawaii wae continued In force thereafter; and the Organic. Act ; made no dlatlnetlon between thoae V who were born In the Islands and y those who were not., - in" the foregoing statement Is con tit several imnortant points -made by Federal Judge Horace W. Vaugban In a, decision wnicn n om handed down holding that -.Wong uinr rhnw aliae Wonr Chee Fong, a ; ; -well known . local Chinese buslness- nan, has not expatriated nimseir ny :-'- lengthy residence In China, and that he la entitled, to readmisslon . to the territory. . - In local legal circles It is believed . - that this is the first decision handed .down Vhere in recent years touching on the matter of the expatriation , of Americans, whether.- natural' born or .naturalised. ' When ho "returned from China re i eently, Wong Hing Chow, who has In terests both here land In the Orient, Txkm denied admission by Immigration Inspector R. U HaJsey on the ground . that' "the applicant t expatriated him self On appeal, the assistant secre tary 1 of labor sustained Mr.. Halseys view" and ordered the deportation of the Chinese on the ground that he had ceased to become an American cltl ren. - Wong Hlngs Chow,; through his attorney, WilliamT, Carden, then took hie case to the TJ. S.' court on habeas ' ' -corpus.'-""'' --' "---v ; ,y - Rnmm ht the imnortant points made by Judge Vaugttan In his decision are Act,'ll those who were citizens.-' i of the Republic of Hawaii on Aug-; ust'12, 1898, are declared citizens -: of the "United ,States. X i 2. Article 17. Section 1, of the constitution of the Republic of Ha ;. i vcail, declared all those born or -I - naturalized ' in the Hawaiian Is-;? ': lands, citizens of the republic' S;x Petitioner had been natural- Izel in the Hawaiian Islands and j became a citizen of the Republic : i of Hawaii and also of the United . States, s,,-- ;-c .. ---t . 4.- The second paragraph of. the. ': second section of the act of March 1, 1507, applies to those only who . "- came to the United States from- - some, foreign state and cannot by r construction be extended, to ; In-: elude those upon whom citizen ship was conferred when the coun : - try, of Thich they were citizens : was annexed to the United States. ' 5. 'v The presumption of expatria- i tion i from residence in a foreign v "5, country under act of March 2, 1907. does not arise until the citl- f ten has resided; In the ' foreign v country ' for the requisite . time i1 without evidencing any intention 1 "to retain hia citizenship,; and In ; computing such time, that "time'. , Uuriug which the -citizen .was claiming citizenship and the pro-1 tectipn cf a passport issued by the government of the United States should not be counted- " . . j The sole ground upon which the pe titioner -was - denied . admission here was that he had failed to substantiate his clalnr for admission. According k to the decision, the ; U. S. attorney, ; : during the hearing, contended that pe V tioner .'never was a r citizen of the I Tnited States. He argued that peti ioc.p v being a naturalized citizen of '- thecT,public of Hawaii,- did not be come citizen f the United States upon ihe annexation of the Hawaiian .lslanda to the United States, and that by the transfer of sovereignty, to the United. States the allegiance of na tive born citizens only waa transferr ed. In answering this contention by the' district attorney, the decision ears, t4 part: .. i The Republic of Hawaii. In con ferring1 citizenship upon those who 1 had been subjecta of the monarchy, Md no make any distinction between f hose who were born in the islands tnd those who. were hot; and, in my opinion, all those who were made citi zens jthould be' regarded as the same .' kind or class.,; l v,- -V- "Having been -a citizen of the Re ' public of Hawaii on August 12, 1898, rui IfU j Miyjiyir Percy Swift, J, T. Phillips Summoned . ; - . I k " , I "1, s- 4 4 Z rf $ i 1 N .i..C.lK - ..- ; :"x "- ' . J 1 " .The three prominent Honolulu busi nessmen called today to active service with the army r quarterma8tera de partment: .; Left; to right, top, Cape P. A. Swift, manager of Henry May Co.; Capt James T. .Phillips, auditor of disbursement of Oahu Railway Co and lower, Capt T. ty.'Church, manag er merchandise 'department - of .'Alex nder :'e Baldwin. Vx :f'-v : wmmi vj -A LfeU.i.Uw'bd hi U Li j mmm r Will Be, Assistants to Depart ( ment Quartermaster: , Pre- ; sages; Calling of Others l Orders recelvedlthls-' . morning J at headquarters' of -the Hawaiian depart ment call to active service m tne quar. termaster ? reserve corps three well known businessmen of Honolulu ; wth rank. of captain. ' ' v Percy. A- Swift, 'manager of -Henry Mav & .Co.: Thomas M Church, man ager of the merchandise, department ot Alexander 4 Baldwin; and James ; T. Phillips, .auditor. of ? disbursements, Oahu Railway ft Land. CoV are sum moned to duty.as'captalns. t Today's order calls , the ; three- men to '-immediate v duty,' and .instructions issued f rom , department; headquarters assign' them to duty, as assistants 'to the'department'quartermaster.-r';' :z-:f An important feature .of the, order from Washington VU : that iti probably means ' the; calling; dsaon i reserve corps men iroffl-the'clty'sbusiness ele ment within, a short time. x -'ri; Capt. Church ha been In, HaVali foi eighteen years, all -of 1 which time has been spent with the firn of Alexander ft Baldwin: This - time, was 'divided, with ; nine ! years'! on Maiti ,and : nine years, in Honolulu.wv For several! years he ;.ws aljmember ot the territorial harbor' board.' V . Capt Swift has; been;ln Hawaii a llfil 4Vieit t vabm nevf nir'iMma i rVJ?.rr'rih.- str-Ttinetin vesterdar. Yes- here from, Santa Cruz. CaL for PIEUL years he has been with" Henry lfay,& Co. , '. ' -.:.'- : Capf, Phillips came oJthe islands In March, 1916; to take charge of the disbursements and store j department of the Oahu - Hallway: Co.- and: install a complete disbursements accounting system. h He had ;lSyears experience in railroad .work. In" both operating and accounting departments . on the Rock Island, . Burlington,- 8anta Fe , and Southern Pacific companies. ' am strongly of the opinion that it is the duty "of every loyal 'American to support the government to the full est extent of his 'pdwer, 'said. Capt Phillips today, ?and If the government is of the opinion that my services will be of any assistance to it in the con duct of. this yar I am ready and will-1 ing to make any. sacrifice necessary and to give my full endeavors to the j government s j worx.- consider it an honor to serve.' . f " COL BANISTER TAKES , 1 CHARGE DEPJ. HOSPITAL Colonel - William' Banister, Medical 'Corps, has been relieved' from furth er duty at the post hospital, Schofield Barracks, and placed In command of the department hospital, taking the place of Colonel Frank R. Reefer, Medical Corps; relieved. . , Colonel Banister has k been - mow than '30 years in ' the army medical service and' Is well known in Hawaii and on the mainland. . Colonel Keefer . reported-' to' com mander of the ; Western Department auras EsnsMCb T. M. Church 'if 1 RGDIf :SCI)R0EOER i 3 W A TECHNICAL VIOLATION ONLY Full . -Text t ofStatement ; in . San Francisco Court Published vTodhy-Reasons for Attitude Made! Public Preston Looks Jnto Case on Merits Before Acceptance of Plea ' '' ' ' v ; " - George Rodiek and H. A. Schroeder of Honolulu pleaded guilty only to technical violation; of the Pnfted States neutrality law in the federal district court at: San Francisco yesterday. : ' r -This,' together with the statement in full which the defendants made to the "court, was cabled to Honolulu last evening, and the Star-Bulletin today puDIlsnes tneir staiemeai in inu. The gist of their explanation of con- nectlottwlth the "mystery ship Mav- 'erick wasprinted in the late editions v w w . ' " terday' afternoon Matt I. Sullivan and Theodore Roche, the San Francisco at torneys .acting for the two Honolulu defendants in the trial; cabled to the law ; firm of Thompson & Cathcart as follows:1 ' "Rodiek and Schroeder both plead guilty to technical violation only of neutrality act. Reasons for plea and full particulars will follow this after noon." The cabled statement then fol lowed. - Some Recent History The Star-Bulletin. learned this morn ing aome of the recent history leading , . 1 up to the filing or the- defendants' , l,ua" jew. iu wora statement and their plea of guilty to I ,,tr, BiAt, ig basis for technical violation of the, neutrality the officials . prediction, -aB it means act The firm of Thompson & Cath-1 persons convicted under the stat cart, while acting for Hackfeld & Co.. I ute mu8t 00111 flned ad impris has not at any time represented Ro- .onX diek or Schroeder in the San Fran-' Vne "deral official today declared Cisco case, but when John w. Cath-;h,f as not surprised when he heard cart was recently in San Francisco he. Rodiek and Schroeder had plead met District Attorney Preston, a per..? .guUy:1 Another opinion is that sonal acquaintance, and said to himl1?611. Implication in the movements of that if all the cards were laid on the : table he believed the government i would find that Rodiek and Schroeder I hail. not knowinelv violated anv law!thclf C" rights and that their connection with the Maverick business had been purely a commercial transaction. Look Into Case on Merits The district attorney replied that if : the attorneys for the two men would I place .before him. everything in thei way of evidence and any pertinent in-'j formation he would look into the case ! Embargo On Imports Is Rescinded Islands Exempted and Given Blanket License for Importa tion of Rice, Burlap, Etc. Cabled instructions were received this morning by M. A. Franklin, col lector of the Honolulu port, that a blanket license had been granted by the war trade board for the islands ex empting them from the Presidential proclamation of Nov. 28 requiring a license for the importing of a long list of articles. The cattle follows a lengthy one re ceived Tuesday explaining the extent and limitations of the presidential proclamation. Publication of the ca ble caused consternation in the Hono lulu business district, as the order was such a general one it would almost en tirely stop the importation of a num ber pf necessities. According to the wording of the proclamation a license had to be se cured from Washington for the impor tation of rice, rubber, burlap and nearly 50 other articles. As a result of the receipt of the or der Raymond Brown, secretary of the Honolulu Chamber of Commerce, yes terday sent the following cable to Sydney Ballou, island representative in Washington: ."Merchants of Hawaii handicapped absence of blanks comply Presidential proclamation providing certain articles shall not, be Imported except under U cense granted by. war trade board. Is It. practicable' extend date applicatiou to Hawaii? "May local representative be appointed to issue license similar to course adopted tor port San Frin- cisco?" This cablegram was not filed until late yesterday ; afternoon and it is hardly likely that. Judge Ballou had ah opportunity to act before the treas ury department or war board decided to modify the application of the proc lamation for the Hawaiian Islands. - The cablegram received by Collector Franklin this morning states in part that a blanket license is granted for "all Imports Into your district of arti cles mentioned in said proclamation, such license to remain in force until revoked." PLEA IS GUILTY STATUTE UNDER WHICH R0DIEK WAS INDICTED CALLS FOR JAIL TERM That Georg Rodiek and Heihrich A. 8chroeder, who yesterday pleaded guilty in San Francisco to a charge of complicity in a plot to foment a re bellion in India, will each have to serve a term of imprisonment in spite of the fact that they may be used as witnesses for the government against the remaining defendants, is the opin ion of local federal officials who have been watching the trial with interest. The statute under which Rodiek and Schroeder were indicted provides a punlsnment or a fine of not more than $3000 and imprisonment for not mAftA Ikaiit 4nAA TV . a 108 imouster steamer Maverick fornied the only charge against the P811- 11 wnpnsonea, uotn men forfeit . ANNUAL MEETING OF CHAMBER JANUARY 16 The annual meeting of the Chamber of Commerce of Hono- -f llu will be held on January 16, AFfEB TEUTONS IN NEW ATTACK AL0N&PIAVE Plains Again Scene of Struggle With Venice as German Goall . (Asiociatetf Prut fey U. S. Navtl Wireless.) tf tttttt?ttttf ! BERLIN, Germany, Dec. 6. ! The German war office an-. nounces that 11,000 Italians -have been captured In a new offensive in Northern Italy. BIG GERMAN AIR ATTACK FAILS IN BLOW AT LONDON (Associate Press by U. 8. Navil Wireless.) LONDON, Eng., Dec. 6. Twenty-five enemy airplanes last -f 4- night carried out a big raid on England. Only six of these sue- ceeded in reaching London. Two of these were shot down and the crews of .three captured. The bombs dropped by the -f raiders caused some fires, but -f patrols soon. extinguished them, t- The casualties were light. t .f GOVERNOR COMMISSIONS TWO Governor Pinkham today named Lieut. Leslie W. Branch .ot the naval radio office as a member of the naval militia board of Hawaii. W. F. San born was made a member of license commission for Kauai. ISENBERG OPERATED ON Hans Isenberg, president of the Li hue plantation and Koloa Sugar Com pany of Kauai, is in the Queen's hos pital tecovering from an operation per formed Monday morning. He was tak en ill Sunday night and rushed to the hospital. Reports received from at tending physicians this afternoon were that he had passed the danger point. McCANDLESS CASE IS UNDER ADVISEMENT ' Circuit Judge Kemp has taken un der advisement the injunction suit brought by L. L. McCandtess against the city and county to prevent tne sale of his property on Beretania street for the non-payment of a front age tax assessment. Argument was completed today. FISH DEALERS WILL ACCEPT AGREED PRICE Local retail fish dealers are willing to accept an agreed price at which, they shall sell their commodity to the public; in fact, they are willing, to do any reasonable thing the territorial food commission day suggest, and all they ask in return is a fair profit on their business. This is the result of LATE NEWS t , rr- j i . ruuu AuixiiuiaLi aiui j. r. tuiiu mm a. committee of retail fish men. An- uuier uireuue iw uo nem suon w j endeavor to determine a fair selling j prire ior - me aiirerenL varieties 01 flh in accordance with the conditions under which they are sold. The casei of the fishermen and fish companies will be taken up later. a, u)uiwj ui u-.oiutus u, -""'initude yesterday indications are not NEGRO -SOLDIER GIVEN forces from the fronts upon which 25 YEARS IN PRISON -they are not now needed and have ' : i hurried them to bolster up the shat- Twenty-five years' imprisonment atjtered forces of Prince Rupprecht on hard labor and dishonorable discharge the western front and to further rein f rom the service of the United States ; force ' the Austro-German armies on is the sentence that has been given in the courtmartial case of Pvt. Acle lajiur, ucy j euiuiri ut ouuuuriu WDICD IOOK 10 De me upeuing Bp ot BarracksThe opder in the case shows the road to Venice across the Vene that one of the specifications on which t tian plains. On the Cambrai front ef Taylor was found guilty was that he 'forts are to be directed toward the did "with intent to murder her, felon iously assault Mrs, Maria Kauwe, by shooting . her with a deadly weapon, viz: a 38 caliber revolver." A number of other charges of felony against the soldier were substantiated by the court. The cases dated back to the I latter part of October. At a meeting of the exemption board of District No. 1, Honolulu, held yes terday afternoon, a claim for exemp tion on account of a dependent mothej was allowed Joe. McCpmiskey. trans ferred for examination from District 5, San Frandsco. Michael O'Leary of District 8, San Francisco, and Carl I. Davis of District: 1, San Francisco, were both found physically : dlsauaU- VESSEL LEAVING RAMMED BROADSIDE; EXPLOSION TERRIFIC Scores Killed, Hundreds of Buildings Destroyed; 30-Mile District Damaged; Starvation Impends (Associated Press by U. S. Naval Wireless) TRURO, Nova Scotia, Dec. 6. Late this afternoon fragmentary tele phone reports reached here that deaths among civilians from the muni tion ship explosions have reached 330. Casualties are proportionate to the number of deatns. The loss is est maied in the ml .cns. HALIFAX, N. Sn Dec. 6. The northern half of Halifax is In fiar.iea. Several square miles of the c'ty are wrecked. The government repair plant at Willow Park has been demolished. The government station used ty the Canadian Pacific has collapsed anJ the Canadian Pacific wires Iiav been taken over by the military ajjtfcortl.es. The troops have taken charjo of the situation, civilian telegraph operators being expelled from the buildings. AMHERST, Nova Scotia, Dec. 6.The city of Halifax, rising above the great harbor, was rocked to its foundations and terrible death and widespread damage done today when a tremendous explosion resulted from the collision of vessels car rying munitions. - V' Meager news received at this town, nearly 100 miles away, indicates that scores have been killed, hundreds injured, and hundreds of buildings destroyed. . ; Communications of all kinds telegraph, telephone and rail have been so badly shattered that only brief facts are ob tainable at this hour. ' , - A telephone message brought the first information that several score people were deadr out immediately after the explosion, was destroying hundreds' of buildings. V ; The explosion resulted from a collision of vessels with high explosives aboard, the message said. ' . The detonation was so terrific it destroyed - the telegraph' and telephone offices for 30 miles around Halifax. The noise of the" explosion was plainly heard at Truro, 61 miles from the harbor city. It is reported ihat a munitions steamer leaving the pier was rammed broadside. - The ware- there was an explosion with a violent concussion, and the roof of the warehouse collapsed. North street depot was Shattered . and warehouses for a mile apd a half along the waterfront were shaken down. ,f ' V ,: Along a stretch of nearly two miles freight cars were blown off the tracks. Messages have been sent out by every available means, asking that fire engines be rushed to the scene and that supplies doctors, nurses and general relief be hurried at once. Several of the towns outside Halifax have been appealed to for aid. Special trains are already engaged in moving food to the stricken city, the supplies there having b,een. so damaged that starvation endangers the people. Afany warehouses full of food supplies have been destroyed and many shops burned -down. - The wire damage is so complete that it is unlikely regular, communications can be restored for, days. , y GREAT BATTLES IMPEND Of GAMBRAI FRONT AND -NEW LINE OF ITALIANS (Associate Prtu bU. 8. Naval Wireless.) WASHINGON, Dec. 6. In the ab nM tt infantrv Tie&2ements of maz- - wantfhg that on both the itallan front (and fn the Cambrai sector the titanic, strugglea 0f last week Will be re 8nmed witn the Germans as the ag gressors. ToVfntr oHvantntro nf the Russian x.rpJ,u,lowt1 nd the nroeresa made for an armistice between the forces of Russia and those of Germany and Austria the" Teutons "have witndrawn the northern Italian line with the pur- pose of there resuming their thrusts, destruction of General Byngs salient. A renewal of the terrific attacks that have proved so costly to the Teutons is expected at any time, and is cleariy indicated by the increased Intensity 'of the Teuton barrage.' FOOD PLEDGE fDRlVE ' , TO BEGIN TOMORROW Honolulu's big food pledge ."drive" will ,begini: early- tomorrow morning when more than roo"t women will can vass, the cty from end. to end to line up" housewfves; In the movement to conserve-the nation's food supply A house-to-house canvass will be made and r the leaders and their lieutenants hope' to have- thousands " of women DOCK and-that a great fire, brealdn GERMANS REFUSE REQUEST OF RUSSIANS NOT JO SEND TROOPS AGAINST ALLIES LONDON", Dec. . -The expressed. ' desire of the spokesmen for the pro-, visional government of Russia that ' her former allies r might be . spared some part of the consequences' of the Rugslan defection fron the Entente and . that one condition of the armis tice between Russia and Germany be that no German forces -from the east front be despatched for service on tho west front has been flatly, refused by Germany. Another, of , .the ( Russian peace terms, the evacuation by -' the Germans of the islands in : Moon sound,' has likewise Jeen refused con si deration by the Germans, f ; : - -A Russian communication dealing with the negotiations for an .armis tice now under way-between the Huns and Slaved the text of which' has been received here, says that the enemy ne- gotiators replied evasively to .the two initial peace .proposals - from Petro grad, but promised to reier the pro posals to Berlin for a reply, .The re ply is a denial of the proposals. ' SIX CENT;SUGAR " IS NOW.ASSURED ; According to . a cable - message re- -celved ; late yesterday'' afternoon by E. . D, Tenney president of the Hawaliai Sugar Planters Association, from the Callfornia-Hawailafl ;Sugar . Company. stt cent sugar is MCtlcaUy promised to Hawaii. The cable stated that ' aa agreement between, the InternatKmar and national ; sugar commissions and the commission sent over by the Cub- an augar planters bad ? been about reached 'Whereby 5 the " price for sugars would bekt.ti 91 fiaaTanciscg ilea for gmtarv; tervic6t " MlSlJbfjzled c r 'r '