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If yon want to dny's News, to-dny Tou can 11 ml It In THE STAR TM HAWAIIAN STAR The Hawnllnn Star Is tho (pnpor that goes Into the bfl1 lioincs of Honolnli J AW. 7. - ' VOL. X. ESTEE ON INCOME TAX LAW FEDERAL JUDGE SAYS COURT HAS NO THE CASE IS THROWN OUT AND PLAINTIFFS PAY THE COSTS. LEGISLATURE HAS POWER TO PASS GENERAL TAXATION LAWS Tom Fitch, J. J. Dunne and their six ty plaintiffs who are contesting tho Income tax law in the United States court were thrown out of court this morning on demurrer, Judge Estee holding that the court has no jurisdic tion to enjoin the tax collector from collecting the tax. The court does not pass upon the constitutionality of the law, but says that, even if the law is "unconstitutional and void" the United States District Court has no power to intervene and prevent the collection of the tax. The plan of tho petitioners now is to refuse to pay the tax, and contest suits which will be brought by the territory to collect from them. These suits will bo In1 the local courts, and it will take years to carry them to the United States Supreme Court. The decision of Judge Estee, after stating the facts of the case, says: "There Is no question in this case as to the power of tile. Legislature of the, Territory of Hawaii -to pass general taxation laws." f Judge Estee says that the fact that a multiplicity of suits .will-result from 1 efforts to collect the tax Is one of the chief reasons urged ' why his court fihould intervene, but hat this sort of multiplicity of suits Is not the kind con templated in the statute which would Kl.ve jurisdiction to prevent such a. multiplicity of suits. No one of the plaintiffs Is individually 'concerned to the extent of more then one suit. The court quotes the United States statutes to the effect that "No suit for the purpose of restraining the assess ment or collection of any tax shall be maintained In any court." and con cludes as follows: "The reason why the courts have so uniformly refused to restrain the col lection of taxes whether illegally as sessed or not unless It be shown that the circumstances of each cose brings it within some well known branch of uq'ilty jurisdiction, rests chiefly m the fact that such Injunctions are attacks upon the other independent and co ordinate branches of government, and such Injunctions would If lightly Is sued, operate as a restraint upon all government. "In this case no fraud Is alleged, nor is there any other equitable point called to the attention of the court save the avoidance of a multiplicity of suits, which does not seem to the court to be true. "Let the demurrer be sustained and the bill dismissed with costs assessed to ! complainants. "ESTEE, Judge." HAWAII HONORED. The Department of Public Instruction has received a. "Commemorative Dip loma" awarded by the Pan-American Exposition's Superior Jury of Awards In "recognition of the valuable services of your department In connection with the exhibit of this bureau." A letter accompanies the lithograph ed diploma, which represents a female figure typical of the city of Buffalo, wearing a head-dress feathered in In dian fashion and surmounted by a paw ing buffalo, and who holds in one hand a branch palm and pine, symbolical of the joint states of north and south rep resented at the exposition. The letter Is signed by Commissioner W. J. Har ris and contains the following para graph at the close. "Permit me to add an expression of my own appreciation of your assistance in that connection." The "valuable" services were rendered to the 'U. S. Department of tho Inter ior Exhibit.' " The diploma will bo framed and ex hibited at department headquarters. McSTOCKER'S SON DYING. News was received by the Korea of the very serious Illness of Francis Mc Stocker, son of 'Manager Frank B. Mo. Stocker and her son and daughters have been staying at the Occidental Hotel for some weeks. The boy's life was despaired of at last accounts, and Mrs. McStocker sent a telegram to her husband at Olaa, asking lilm to come. Our Best t Services .at Your Disposal 023 Fort Street POWERS HAWAIIAN TR15ST (().. LTD i 3 (INMfNMNMWNKMNN tg.oir.ii. r I T 11 repuDiicans To Name Their Choice Tonight Tonight Is the night for the Republicans of Oahu to name their candidates 'or the Senate. The Fourth and Fifth District odmmlttees will meet In Joint convention In Progress hall. The Fifth dlstrlct men will also choose their representatives, meeting separately for this pur pose. The Fourth may choose Representatives at a meeting S later on. In the Fifth the dele- gates are still divided on the g question of chooslnir senators. X Caucusses are being held and ef- & forts to reach an n;ivemont will continue Up to. the 'ast. The ? prospect Is that there Will be n) Z vncancles In 'the joint cnvriiulon every member beln; prssent or k represented by proxy, and In- V terest In the nominations runs high. 4 CPRCUIT COURT TERM COM MENCES AT LIHUK-JREPORT OF GRANT)' JURY .ON SUICIDES IN JAIL THE COURT OFFICERS. The September term of the Fifth Cir cuit court began at LIhue, Kauai, last Wednesday morning, with Judge Hardy presiding and the following court offi cials: R. W. T. Purvis and M. T. Simonton, clerks; E. A. Douthltt, Attor ney General: LI Cheung, Chinese inter preter, J. A. Thompson, Acting Steno grapher. The attorneys present were A. G. M. Robertson, -E. B. McClanahan, Charles Crelghton, J. 'M. Davidson, S. K. Kaeo, Edmund H. Hart, M. F. Pros ser and J. D. Wlllard. The Grand jury sworn In consisted of R. Fountain, C. II. Sweetser, S. N. Hundley, T. Brandt, T. Oneha, H. D. Sloggett, C. B. Makee ,A. McBryde, F. Smith, W. E. Smith, Henry Spalding, S. W. Holmer, Charles Blake and George Kellett. T. Brandt was appointed fore man of the grand Jury and Deputy Sheriff Crowell appointed bailiff to take charge of the grand jury. In three days the Grand jurors com pleted their work, Investigating 21 cases and bringing indictments In 15 of them. Two of the indictments are for murder In the first degree and One Is for poly gamy. The alleged murderers are Chong Kong Why and Yoshlaya Den giro both of whom reserved their pleas when arraigned. Kaoru Diago pleaded not guilty to a charge of polygamy. In the case of Lau Chin, murder no indict ment was reiurneu. Fifty naturalizations have already taken place since tne term began and more will follow. The term will there fore make a considerable addition to the voting population of Kauai. In its report the Grand Jury referred to suicides In Kauai Jails and recom mended that some alterations be made. The report said: "In the case of Ter ritory of Hawaii vs. Wun Koon, as sault with a weapon, the defendant committed suicide In the Wnimea jail. It having been brought to the knowl edge of this Grand Jury that suicide in several cases has been committed by prisoners detained In Kauai juils, the Grand Jury recommends that altera tions in the different Jails should be made so as to prevent the possibility of such things happening in the future. "The Grand Jury extends its thanks to Mr. Douthltt, the Deputy Attorney General, for courtesies extended to It, and appreciation of the expedient man ner in which cases have been presented land handled. FRUITS AND VEGETABLES. Don't forget Camarlnos of the Cali fornia Fruit Market when you want fruit and vegetables. He always has on hand a fresh supply of both Califor nia and Island fruits. Telephone Main 378. BEDSPREADS. Big values In bedspreads at L. B. Kerr & Co., Ltd. The largest assort ment In the city ,wlth prices ranging from 65 cents to $6." Agents for the Truscott Boat Manu facturing Co. Launches and pleasure craft. Leti us show- designs and quote prices. &,P0TTER CQ... UO UNION AND HOTEL STREETS PtfONE 3U. ' TWO INDICTMENTS M FOR MURDER ON KAUAI . HONOLULU, H. I., MONDAY, SEPTEMBER 8, 1902. THE ALDRICH HEIRS NOT SUCCESS AS OAKLAND SOCIETY WOMEN WISH TO DISPOSE OF RANCH LEFT BY THEIR FATHER, FORMERLY A RESIDENT OF HONOLULU. OAKLAND, August 23. Having fail ed as farmers, 'Mrs. Annie A. Barton and Mrs. Helen A. Dunning, daughters of tho, late William A. Aldrlch and prominent members of Oakland society, are now anxious to dispose of a ranch In Merced county belonging to the es tate of their late father. As trustees of their father's estate, valued at $601, 783.28, the daughters today began suit against the other heirs to secure from the Court a decree authorizing the sale of the ranch for less than half Its ap praised value. It Is stated that the property can be sold for $30,794. In the account of the trustees the real prop erty was valued at $53,875, while the live stock, farming Implements and And other personal property was valu ed at $8892.68, making a total value of $64,767.68. The ranch consists of 3723 acres of land In Merced country. In their com plaint the ..daughters 8ay tna- thev have cultivated- the property and have to the best of their ability tried to ob tain a profit, but without success. Some years, thev say, have been better than others, but on an average, the proper ty has not produced under their man agement-more than enough to pay tho taxes and the running expenses. Should they continue to manage the property it is alleged, It would be at a loss to the estate. William A. Aldrlch died in 1892. In his will he provided that the residue of his estate, after the payment of certain legacies and annuities, should be held and managed in trust for the benefit of his four children and their heirs. Arthur- A. Smith and Joseph M. Quay were named as trustees with Mrs. Bar ton and Mrs. Dunning, but some time ago they resigned, leaving the man agement of 'the trust estate to the daughters. In the suit begun today there are named as defendants George Albert Aldrlch, Mrs. Minnie C. Aldrlch and her five minor children. Mrs. Aid rich and her children have a one-fourth Interest In the estate. It Is provided thnt Mrs. Aldrlch shall have the residue of the Interest after the expenses of educating the children are paid. OF THE Today was. the opening day for the public schools, and pupils were enrolled all over the city. The enrollment in the High School showed much larger at tendance than last term. In the High school proper 100 pupils were enrolled, which is 25 more than the term closed with last year. As by no means all of the students show up on the first day, the attendance is likely to be nearly double last year. At Kaahumanu school, the enrollment was 4S2, against a list of GOO at the close ofthe year. Koiulanl showed 421 to 5o0 In the grammer grades of the High school there were 300 enrolled, while the attendance at the end of the term was 203. Kaakopua had 229 pupils this morning. Punchbowl 137, Maemao 123, Kaukuna 124, Kawaiahao 70 and the Royal school 171 on Emma street and 149 at Aala. NEW PORT FOR OCEANIC LINE. WASHINGTON, August 2S. It is ex pected that tho Oceanic Company will make a change in its route to take In tho port of Noumea, New Caledonia, where good business openings nwalt Pacific Coast merchants. A now Am erican company has acquired Interests in the great nickel deposits of the isl and, which Is practically the only source of that metal. TIDAL WAVE ON HAWAII. A tidal wave five feet iii height, visit ed the Island "of Hawaii last Tuesday, the coast from the east point to Ka- haualea, Puna, being affected by the sudden rise of water. The only dam age reported done was at Kalapana, where a nortlon of 'the wall of the school yard and of a native yard was washed away. Several canoes were al so damaged. BANNER-RAISING MEETING. Prince Kuhlo has Joined the Young Men's Republican club, and will speak next Wednesday evening at a rally to be held under the auspices of the club. The meeting Is called a "banner-raising" and will be In the open air, on Fort street. The club proposes to raise a campaign banner on Fort street, above Hotel, with sultablo ceremonies and addresses. Efforts are being made to secure some of the distinguished visitors who are here from the Main land as speakers. A COMMUNICATION. Mr. Editor. Allow me to speak a few words ill favor of Chamberlain's Cough Remedy. I suffered for three years with the bronchitis and could not sleep nt nights. I tr'ed several doctors and various patent medicines, but could get nothing to give me any relief until my wife got a bottle of this valuable med icine, which has completely relieved me. W. S. Brockman, Bagnell, Mo.. U. S. A. This remedy Is for sale by all druggists Benson Smith & Co., general agents. SEMI-WEEKLY STAR. Honolulu people who are going abroad can have the Semi-Weekly Star mailed to any address for tho small suin of twenty-five cents a month, The Soml'-Weekly Star contains all the local news of Importance, besides the dally stock) quotations. FARMERS OPENING PUBLIC WAKE ISLAND IS NOT BY HER MINISTER AT WASHINGTON ' GIVES ASSURANCES UNITED STATES WILL NOT SEND A WAR SHIP THERE. . WASHINGTON. August 28. The statement that the United States is about to dispatch a war ship to Wake Island for the purpose' ofc. ejecting the Japanese Is .errojjfcows, Sometlmo ago an American slilp- which touched at Wake island reported that a number of Japanese were living on the Island, and this led to more or less confused reports concerning an alleged claim supposed to have been set up by Japanese to sov ereignty oyer the island. Several conferences between State Department officials here and Mr, Ta kahlra, the Japanese Minister, followed, and were concluded by a definite admis sion on the part of the Japanese Min ister that his government made no claim to sovereignty over the Island. Later the Navy Department ordered the commander of the training ship Adams, which will leave about Septem ber 1, for her regular cruise of theSPa clfic, to touch at Wake island and as certain the situation there. There Is not even a suggestion In those orders looking to the ejectment of such Japa nese as may bo found on the Island. American sovereignty over the Island Is not questioned by Japan, PEKING'S SHAFT IS READY. SAN FRANCISCO, August 28. The new shaft for the crippled Pacific Mall liner City of Peking Is now ready and Is expected here in about a week. It will be shipped to tho Orient Immedia tely upon arrival in San Kranclsco. )n board the Peking when the accident happened were duplicates of every part of her shaft but the section that svas carried away. MAUNA LOA RESUMES RUN. The Mauna Loa will resume her tun to Lahalna, Maalaea, Kona and Kau ports tomorrow at noon. It Is expected that a good sized crowd of passengers . will depart on her . SCHOONER LADY. The schooner Lady returned Sa".uv day ufternoon from Makawell, Kiual where she went to unload sunpovdei . She sails this ofternoon for Koilau ports. FOOLISH ACT OF ' A COURT CLERK SALT LAKE, (Utah). August 28.- Countv Clerk Jamos tnilnv refused tn Issue a marriage license to a. full-blood-ju Hawaiian to marry a white girl. The couple had presented themselves yes terday, the girl, who was about 16 years of age, being accompanied by her father who gave his consent. The County Clerk, however, declined to Issue a license until a legal opinion was ob tained from the County Attorney. This official today informs the clerk that he Is of tho opinion that a license should not be issued. He holds that, according to the decisions of the Utah Supreme Court, a Hawaiian !s A mem ber of the Mongolian race, and, as mar riage between a Mongolian and a white person is prohibited In tills state, the clerk could not legally Issue a license to such persons. WORLD'S FAIR COMMITTLE. A meeting of the committee on Ha waii's exhibit at the St. Louis exposi tion was held this morning, but no business was transacted. Many of the members were busy with their mail and other first of the week business and attendance was small. The committee on a building, consisting of Henry E. Coopor, F. W. Beardslee und F. J. Am weg, presented a report, on which no aotlon was taken. It contained sug- gestlons for a building. The committee CLAMED JAPAN ui luuuauiy aenu w ni, auuiH tor xur- ages were accepted by the court, how ther Information before acting. eVer. "The true measure of dnm.-iirPM MURDER TRIAL BEGUN. The trla of Klmura, charged wltn murder In the first deres, was begun yesterday afternoon before Judge Gear nn dthe folowlng Jury: S. A. alker, Charles Hall, Georgo Roenltz Fred AVest, Thomas Lloyd, John Hills, D. Hoaplli, Harry Juen, W. A. Ljvs. T. H. Petrle .John Alu, James Spencer. HERMAN WILL ENTERTAIN Captain Brown of the schooner Her man will entertain friends aboard tlir vessel tomorrow evening. Tho sailing of the bout has not yet been H9ttl3 but It Is thought sho will get away the latter part of the week. TO LOOK FOR LABOR. E. Faxon Bishop of Brewer & Com pany leaves this afternoon on the K -r a for Japan, Korea and other countries In the orient. The principal object of his trip is looking up sources of labor sup ply in oriental countries. He will go first to Japan, in which country the I most interest Is taken as far as labor questions are concerned, and from there will visit some of the other coun tries whoso people might be desirable Immigrants to Huwall. NEVADAN WAS DELAYED. Tho departure of the S. S. Nevndan from San Francisco for this port and Knhulul was postponed from August 20 to August 30. She should arrive this afternoon or tomorrow morning. BARGAINS IN TOWELS. You know you cannot do better else where. L. B. Kerr & Co., Ltd,, offer genuine bargains In towels. Only CO cents a dozen. Star Want ads pay at once. THE COMMISSION AT WORK Cable Repair 1 Ship Will Be f Kept In Port December 20 Is the date now set for the compl;ilon of tho cable between Honolulu and Sun Francisco and Its openlim for business. The cable Is all m id, and Is supposed to have loft England for San Francisco by this time. News was received by the Korea thnt Honolulu will be a repair station, having a cable ship here. all the time. Tho ship will be used for repairing of tho line both ways when It goes through to Manila, and will have '9 a dock of her own. S. S. Dick- enson, agent or me oaDio com pany, who was .In Honolulu a short time ago making arrange ments for the cable Is expected here again on the Sonoma next Wednesday. The company has awarded the contract for the Iron pipe for the cable. VOLUNTARILY DONATES A FEE RATHER THAN GO TO LAW HE WANTED HIS REMARKS PLACED ON RECORD. J. A. Magoon and T. 'McCants Stew art came together In the First Circuit Court again this morning, In the mat ter of the fee of $150 claimed by Stew art as attorney for T. B. Cummlngs, In the Cummlngs estate matter. Magojn won out. The court ruled that Stewart would have to sue for his fee and Stew art said he would not do so. "I wuIva al) claim to the fee," said Stwftrl, 1 "and hope the money will be of benefit to those who get It." lie also intlmat ed thut he had been cheated out of it. T. B. Cummins took tho stand to tes tify as to his agreement to pay $150, as I set forth In Stewart's affidavits. Undei ; cross-examination he stateJ thai ho I "did not remember" having made u-! 11 Promise. On this showing the court 1 sustained Magoon s contention that I Stewart ought 10 sue for uvt fee If no wanted It. "I don't go much pn the testimony Just given by Cummlngs," said Judgj Gear, "but he has denied ths obligation and he Is entitled to a jury trial." Stewart remarked with some heat that he would donate the fee. "I want m remark placed on record," ho snld, "so that if I change my mind I can not collect the money. ' Judge Robinson this morning render ed a decision reopening again the case of Lum Ah Lee et al vs. Ah Soong et al, which has already been heard once after being remanded from the Su preme Court. The suit was for dam ages sustained some years ago In the Manoa valley drouth, the defendants having shut off the plaintiff's water supply nnd caused a loss of taro. Robinson had a hearing lasting sev eral days a short time ago, but in his decision this morning ho held that there were not enough facts before the court to warrant an assessment of damages. He said that it was extre mely difficult, if not impossible, to as certain with certainty what the dam ages were, but that the amount might oe ascertained with a reasonable degree of certainty. None of the bases sug- , gested by counsel for settllmr the dam for the destruction of the 49 taro patch es which were totally lost," said tho court, "Is the value of the taro upon each of said patches at the time of de struction." This value is to be.ascer talned by evidence as to value of other taro under similar conditions at tho time of the loss. Judgo Gear granted a motion by W. L. Stanley to declare W. H. Pain In de fault in the matter of case of Bishop & Company vs. W. II. Puln. Star Want ads-pay at once. "In the midst of life, we are In death." Don't let the Inevitable find you without a policy In The Oriental Life Insurance Company. Baking Powder Made from pure cream of tartar. Safeguards the food against alm. Alum Baking powders arc tte greatcat memcers to health of the present day, OTl ftAKIWQ frOwtHH CO., NCW YORK. 4 ATTORNEY STEWART -SPURNS HIS REWARD No. 3267 E NQU1RY THIS MEMORIAL BY BUILDERS' AND TRADERS' EXCHANGE BISHOP & CO. BRINGS UP CURRENCY QUESTION WILL VISIT ISLANDS The senatorial commission, being the sub-committee of the" congressional committee on the Pacific Islands and Porto Rico, met In executive session In the naval station this morning and re ceived various memorials from olllclalH, commercial bodies and private citizens. Senator Burton was the first on tho ground, Senators Mitchell and Foster appearing' a little after 10 o'clock. A regulation salute of seventeen guns was fired from tho shore battery of the naval station and Captain Whiting, the commandant, escorted tho committee to their rooms. These consist of a suite of two rooms opening into each other, formerly occupied by the naval draughtsmen, and situated upstairs in the mauka Ewa corner of the main building. District Attorney Breckons, H. B. Gehr and W. O. Smith were awaiting the arrival of the comml&sion, E. S. Boyd, Commissioner of Public Lands, arriving a little later. After some introductions, tho committee went Into executive session with Sen ator Mitchell Us chairman, and the rooms were cleared of -visitors. Two naval orderlies held the stulrway and the lunal against invasion. Several memorials were presented. Messrs. Gartley, Plnkham and Avery presented a memorial from the Build ers 'and Traders' Exchange, which wus not gone into in any detail by the com mission. It was understood by tnem to cover all general questions including taxation statistics. A memorial from Bishop & Company concerning the sil ver currency and its position was also received. Commissioner E. S. Boyd was called before the commission and the Public Lands question tuken up. The commit tee camu unprovided with pamphlets and bills upon this subject, ana bor rowed copies from Mr. Boyd. He made no lengthy statement, relying upon the pamphlet already pressnU!d by- him at Washington to embody his views and I aruumeuts. The committee will nu i't Mr. Boyd again tomorrow at 10 o'clock. They will in all probability visit Ha wall and Maui, where the public lands are for the most part located the end of this week or the beginning of next, according to Senator Mitchell. Mr: Boyd was very anxious for them to se cure such practical demonstration and has already mapped out a possible route, which will take the committee directly to Hilo, thence to the volcano and back, then to Puna and Kau where a birdseye glimpse of the whole dis trict will be given the senators and an opportunity afforded them of question ing, people Interested In the opening up of tlte public lands. The Iroquois was mentioned as a possible conveyance In case the Island steamer schedule did not fit in with the work of the cora mission which will be rushed to take advantage of every minute of their' stay. 11. B. Gehr was called before the com mission and informed that ho would be seen later in regard to the Hawaiian Ditch bill affair. Those seen were call ed before the commission by Mr. Sam mons, who acted as sergeant-nt-arma on courteous fashion. Private Secretary Hawes appeared for the Governor, on whom the com mission called yesterday. A. S. Hum phreys, Hatch and SlUlman and others were in attendance, but did not secure an audience this morning. The following letter was sent to Gov ernor Dole and Secretary Cooper ask ing their attendance tomorrow at 10 o'clock. Mr. Cooper's letter being (Continued on page five.) Swell shoes at a price you .can afford to pay. Welt Oxfords with extension soles. Choice of low or cuUan heels. Come und see (Ijem. J r .Trite 3.'5G 5 1057 FORT ST. ' SENATORS CON! NCE MORNING MAlFflCipji COMHANY.'UIMITBD r-i- - f - - Mtff '