Newspaper Page Text
THE HAWAIIAN STAR, FRIDAY, MAY 10, 1907.
We have a well quippd floral de
partment where you can et all the
flowers and cut plants In season at
Hotel St., near Union,
WITH A COMB
OR HAIR BRUSH.
Pcheco's Dandruff Killer Is the only
medy that will effectually destroy the
Mtdruft germ, n,nd promote a luxu
nt growth of hair.
Sold by all Druggists and at Pache
w'i Barber Shop, Fort street.
PHONE MAIN 232.
The Henry Walerhouse Trust Co,, Ltd
Audit and Expert
Books and Accounts
either In Town or Country,
And will attend to book-keeping for
Professional and Business men In
the City. Phone Exchange i.
J. H. IIERTSCIIE, GENERAL MANAGER
Telephone Main 193. P. O. Box 192.
o Jo Ivor
LORD & BELSER,
Sewers, Dredging, Grading, Paving,
Teaming, Crushed Rock.
Black afid White Sand and Soli
Office and Tard, South and Kawalahao
Hawaiian and South Seas
HAWAII & SOUTH SEAS CURIO CO,
Alexander Young Building.
At Half Prices.
J. A. R. VIEIRA & CO.
115 Hotel Street.
This press was made by Cottrell and
formerly used In the Star Office. It
Is In first-class condition and will be
sold at a reasonable price. This Is an
opportunity to secure a press at a
Bishop Truit Co lage 3
l'ainiili That Ulve Condcuoil
Sens tliu Day.
Local Olllcc, U. S. Weather Bureau,
Honolulu, T. H., May 10, 1807.
Teniporntures at C a. m.; 8 a, m.j 10
a. m. and morning minimum:
7a, 75. 77, 71. 72.
Barometer re'adlng; absolute humidity
tgrains per cuuic iooij, reiuiivo iiu
mldlty, and dew point: At 8 a. nt.:
30.13, 6.45G, 09, Gl.
Wind: Velocity and direction at 8 a,
m.j 10 a. m.; and noon:
ii. XE.; 6, NE; S, Nlj.i 7, NE.
Rainfall during 21 bours ending 8 a,
Total wind movement during SI hours
ending at noon:
WM. B. STOCKMAN,
LONDON BEETS: Bay 10, 10 shil
lings, 3-1 pence: last previous quota
tion, May 7, 9 shillings 10 1-2 pence.
SUGAR: May 10, 3.S75 cents a pound
or $77. GO per ton; last previous quota
tion May 9,8.83 cents per pound or $7C
G0 per ton.
Low prices at New England Bakery.
Property Income and specific taxes
are due and payable now.
$4000 will buy si fine residence In
Kalihl with all modern Improvements.
There, will be a rehearsal of tho Ho
nolulu Symphony Orchestra at Ilaale
lea Lawn tonight.
A meeting has been called for May
22 at Kahulul for tho purpose of organ-
izlng a rubber association.
George Lycairgus, who loaves shortly
for his homo In Greece, gave a dinner
to four friends at tho Grill last night.
Mr. and Mrs. J. Augustine Combs
last evening eclobratod the second an
niversary of their wedding with a luau.'
It Is reported that about forty spe
cially constructed carving knives wore
imported recently for uso In a possible
Chinese Tong war.
Miss Morio Okamura and G. Tashlro
will be married tomorrow afternoon at
2 o'clock at tho residence of W. Moto
&hiye, Nuuanu street. A reception will
be held in the ovoning.
The members of the Kaahumanu
Society are requested to attend the
funeral of tho late Chlefess Olga ICe
ahlkunl Kekauonohi, at St. Andrew's
cathedral at 4 o'clock this afternoon.
Congressmen McGavln says he will
take up Queen LUIuokalanl's claims
against tho United States Government
when ho gets back home. Ho will have
a conference with the Queen over tho
Call at the Tax Office and ascer
tain what you owe while the assess
ment books for 1907 are open for In
spection to the public.
No "fuBs and feathers" at the A. O.
H. and Auxiliary dance, shirtwaist
suits, nice and cool for dancing will bo
Just tho thing. Get your tickets from
members or at tho door.
B. F. Synder, formerly a sergeant
major at Camp McKlnley, loft by tho
transport Thomas for Chicago to at
tend tho Northfield Institute. Ho has
been quite .promlnont In local religious
Governor Carter is holding a rccep
tlon this afternoon from 4 to G In honor
of the Congressional .isltors to the j
Territory. No Invitations have been
sent out, but Honolulu citizens are
generally asked to attend and meet the
J. I. Silva, representative from Kauai
will accompany the Congressional party
to the Garden Island tonight, and will
help show them the sights of tho placo
Mr. SUva has been In Honolulu slnco
the adjournment of tho Legislature,
Representative Hepburn, who is here
with tho Congressional party, brings
word that his son-in-law, Roy H.
Chamberlain, the local Collector of
Internal Revenues, who with his fam
ily is now in Washington, expects to
return to Honolulu' in about six weeks.
Ernest N. Smith, formerly of Hono
lulu, has been elected editor of the
Sequoia, the Stanford Magazine. "W.
P. Herron was recently removed from
the editorship. Smith Is a son of the
editor of tho Advertiser, and was for
merly employed as a reporter on that
paper. He was also a student or Oahu
Superintendent Babbitt, of the de
partment of public Instruction statod
yesterday that while a largo number
of tho teachers of tho public schools
oxpected to spend their vacations on
the coast, so far as ho has learned,
thoro are only two who do not ex
pect to return and tako up thoir work
again in tho fall.
One half of the property and Income
taxes, and the tax on dogs, bicycles,
automobiles, wagons, carts, carriages
and other vehicles are due and pay
able now, and will become delinquent
on the 15th Inst. A penalty of 10 per
cent will bo added to all such taxes
remaining unpaid after the 15th of
It'fi a winner 1
TU Wary WluKjUm.an is flMinrglntr
at Mnhukona; the Honolpu at Hono
lpu; tho John Ena at Hllo. The S. S.
Enterprise leaves Hllo on Monday
THAT A VETO IS
ALWAYS A VETO
(Continued from Page 1.)
:oipt for this claim was presented to
you for your approval, the receipt be
ing as follows:
"Honolulu, T. II 1907.
"Received from tho Territory of Hart-ail,
tho sum of Fifteen Hundred
'$1500.00) Dollars, Gold Coin of tho
United States in full payment and sat
Ssfactlon of 'Claim of F. R. Luewclko
damages for nonfulfillment by tho gov
ernment of Agreement of Juno 15th,
1903, in re land and buildings situated
on Beretanla and King streets, Molll
111, Honolulu, $1500.00, as continued in
Act 123, Session Laws of 1907, entitled
'An Act making special appropriations
Vo pay certain claims against the Ter
ritory of Hawaii."
You then stated that if tho Attorney
Goneral would approve tho receipt It
would be satisfactory to you. There
upon the receipt was presented to the
Attorney General who stated he would
give tho matter his consideration.
Thereafter I received from tho At
torney General's olllcc the following
letter and enclosure:
"Honolulu, Haw., May 3, 1907.
"Georgo D. Gear, Esq., Attorncy-at-Law,
Honolulu, T. H.
"Dear Sir: Enclosed please find let
ter to James AV. Pratt, which is self
explanatory. A regular voucher of the
Commissioner of Public Lands contain
ing tho suggestion In my letter to J.
W. Pratt should be sufficient.
"Very truly ours,
"E. C. PETERS,
"May 3, 1907.
Honorable James W. Pratt, Commis
sioner of Public Lands, Honolulu,
Sir: Judlro Gear this morning request
ed that I o. k. a receipt to be signed
by F. R. Lucwoiko for tho $1500 ap
propriated for him under the provisions
of Act 123 of the Session Laws of 1907.
This I preferred not to do and have
therefore suggested to him the follow
ing contents of a voucher for your of
fice. "Claim of F. R. Lucweiko, damages
for non-fulfillment by tho government
of agroment of Juno 15, 1903, in ro land
and buildings situated on Beretanla
and King streets, Moiliill, Honolulu,
under Act 123, entitled "An Act to pay
certain claims against the Territory oi
Very truly yours,
E. C. PETERS,
. Attorney General.
Upon your receipt of this letter
from tho Attorney General you stated
that you had some question In your
mind as to whether you must approve
tho mero form of tho receipt, or the
justness of the claim, and you then
stated you wished to get tho opinion
of the Attorney General upon this ques
tion, and that you would follow his ad
viso in tho matter.
Upon the question being submitted
to the Attorney General ho advised you
"Honolulu, Hawaii, May 9, 1907.
"OPINION NO. 502.
In tho Matter of tho Claim of F. R.
"Honorablo James W. Pratt, Commis
sioner of Public Lands, Honolulu,
"Sir: Your verbal request of this de
partment' as to tho meaning of Section
2 of Act 123 of tho Session Laws of
1907 in respect to tho duty required of
tho Commissioner of Public Lands in
respect to the 'approval' of tho Items
In said act contained has been duly
considered and wo beg to advise as
"Whilo tho claim of F 11 Lucweiko
might more properly have been put un
der the supervision, control and ap
proval of tho Superintendent of Public
Works, out of whoso acts tho claim
arises we believe that the duty requir
ed of the head of tho department, as
far as approval Is concerned, refers to
tho character of tho receipt and not
to tho legality or propriety of the
claim. Tho claim has ben passed upon
by tho Legislature and with It no of
flcor of the Territory ha any concern.
The only effect of tho Section referred
to is to insure tho execution and dell
very by tho claimant to the proper of
ficer of tho Territory, of a receipt which
would release tho Torrltory from the
claim for which tho LeglsUui.ro sought
to relmburso tho claimant.
"Hoping the foregoing moots with
your request, I havo tho honor to bo,
Very respectfully yours,
"E. C. PETERS,
Written across the faco of tho above
opinion was tho following:
"Do not agree with tho opinion
will buy a flno home.
RENT & CO.
ovory executive or administrative of
ficer Is In duty bound to provent a
wasto of public funds. This claim
should bo substantiated before some
kind of a tribunal before being paid.
(Signed) "G. R. CARTER,
Continuing the letter from Gear to
"Not withstanding this opinion ot
tho Attornoy General I understand
that now owing to instructions from
Govornor Carter, you rofuso to approve
tho receipt offered you. As this ro
colpt follows tho wording of the Attor
ney General's suggestion and is proper
ly signed by Lucwoiko, upon behalf of
Lucwclko's I hereby demand of you
that you approve the same. If you
havo any objections to tho form of re
ceipt I would ask you to suggest any
change you may wish.
"If you still refuse to approve any
receipt for this claim legal proceedings
will be commenced at once, as I am
firmly convinced that when tho Legis
lature has passed upon a claim and
have passed tho same over the veto
of the governor, the right of tho gov
ernor to interfere in the matter has
then ceased, and his attempt to stop
tho payment of this claim Is a clear
usurpation of authority unworthy the
office of the Chief Executive. As you
have asked the opinion of tho Attorney
General it seems to mo that his ad.
vise should bo followed and not the
orders of tho governor In opposition
"GEO. D. GEAR,
"Attornoy for F. R. Lucweiko."
Attorney General Peters was asked
merely as to section 2 of the bill,
which covered tho "approval" clause.
His opinion was that a certain form
of receipt was provided to be signed.
Peters was not asked to pass upon tho
validity' or justice of the claim and as.
sumed in rendering his opinion that
that feature was satisfactory.
There are authorities of law that
will go to sustain the action of the
Governor, the Attorney General says.
Governor Carter was Interviewed
relative to the (case ,by Gear ancV,
according to the latter, stated that he,
Carter, had asked Justice Hartwell If
this matter could be a subject of liti
gation and Justice Hartwell had stated
that there was still legal relief for
Lucweiko, that tho former opinion by
the Supremo Court in this matter had
not meant that Lucweiko had no fur
ther legal remedy. Carter declared to
Gear that the claim of Lucweiko was
not just and that the government
would be paying twice if the present
appropriation wore allowed to be car
, Gontract To
HERALD SAYS THAT THOUGH
THE SUPERVISORS ORDERED IT
PAID AUDITOR MAY REFUSE.
Hllo, May 9. Tho Hawaii Herald
The county is probably In for two
long legal fights as a result of pro
ceedings at tho meeting of tho Board
of Supervisors. Tho matter of tho
Iron Works contract was settled as
far as the board is concerned by a
voto to pay for the machinery, but
Auditor Magulre Is consulting tho coun
ty attorney as to tho legality of war
rants issued for such payments, and It
Is not unlikely that if Maguiro decides
to pay Injunction proceedings will stop
him. Tho other possible legi; "con
troversy is over paying tho policemen
who were Illegally employed by tho
Tho legislature passed an act appro
pr'iating funds, out of the treasury of
Hawaii county, to pay those police
officers. Tho total sum involved Is
nearly $6,000. At this month's meet
lng of the supervisors a motion, offered
by Shlpman, was unanimously carried,
stating that It was the sense of the
Board that the accounts ought not to
In the iron works ease the board's
decision of this month reverses the
position it has taken hitherto. A ma
Jorlty of tho Board has now decided to
accept and pay for tho machinery
which was unanimously declared some
time ago to have been Illegally order
There will bo an injunction, it Is
stated, to stop payment of money on
tho iron works contract, if tho coun
ty attorney recommornds that It be
paid. In tho other case, Auditor Ma
gulre will probably follow the county
attornoys' advice, which, it is said, is
likely to bo that tho claims bo paid.
Payment of theso two bills will moan
anothor practical suspension of road
work. Tho flvo thousand for tho old
tlino pollcomon will be onough to stop
a month's road funds and If tho other
Is paid also tho suspensions will last a
month and a half or two months.
Auditor Maguiro says that uuloss
Moppod by Injunction ho will follow
the county attorney's racnmmandatlons
In pushing tho warrants,
Flno Job Printing, Star Office
Saturday, May 1 1,
12 O'CLOCK NOON, at my Salesroom.
(Built of Solid Blue Stone)
CORNER ALAPAI AND LUNALILO
Solid concrete basement.
Dlnlngroom, large slttingroom, glass
lanal. 2 bathrooms.
Stables, carriage1 house, servants'
You cannot build the houso today
Look at tho stone fence, solid walks
Bargain on Saturday
Show you the place any minute.
Area, 34,850 square feet.
JAMES F. MORGAN,
WILL NOT BE IN SESSION FOR A
WEEK DECISION EXPECTED
SHORTLY IN ADMIRALTY CASE.
There will be no session of the Unit
ed States District Court before next
Friday, and adjournment until that
date having been taken by the court
It is likely that Judge Dolo will soon
render a decision in one of the various
admiralty cases now before him. Tho
first decision that will undoubtedly bo
given, will be that of Popo and Tal
bot against tho dredger Pacific over
the grounding of the schooner Mary
E. Foster in tho channel over a year
ago. It is claimed by Popo and Tal
bot, tho owners of tho vessel, that It
was through tho fault of the Pacific In
giving tho wrong signals while dredg
ing the harbor channel that tho Fear
less tried to pass on one side of the
dredger which resulted In tho Foster
being run aground. The damage to
tho Foster was put at $15,000.
It Is not likely that any decision will
be given In tho Chlusa Maru libel
case for somo time, as several other
cases aro before It, for decision.
The Federal petit jury was excused
until May 17 at 10 a. m. by Judge Dolo
yesterday, whilo the nlno members of
the jury from tho other islands were
excused until September 3.
Per S. S. America Maru, from Japan,
May 10. Mrs. T. Salto and maid, Miss
K. Nagafume, I. Ito.
AMY TURNER ARRIVES.
Tho American bark Vmy Tuf-nor,
Captain Warland, 20 days from San
Francisco, arrived this morning with
a general cargo consigned to H, Hack
fold & Company.
BROKE HIS BACK.
A man broko his back loaning ovor
tho desk aftor bustnoss hours, trying to
koop his own accounts; how much bot
tor It would havo been for hlra to have
placed his books In tho hands of a
rollnblo concern lIUo tho Ilonry Wator-
liouse Trust Co., Ltd., for attention.
Fine .7ob Printing, Btur Offlco.
LADIES' MUSLIN UNDEKWEAIl
LADIES SKIRTS Plain, Hem-stitched, Lace Trimmed, Embroidery
Trimmed, a large assortment to select from Skirts from 65c upw.
LADIES NIGHT GOWNS A varloty of styles, low and high neck,
long and short sleeves, lace or embroidery trimmed; Night Gowns
from 65c. upw.
LADIES CHEMISES Low nick, or high neck, very pretty styles,
cither embroidery or lace trimmed, a va ety of styles. Chemises
from 35c. upw.
LADIES MUSLIN DUAWERS-In all sizes; plain, tucked, embroidery
or lace trimmed. Drawers from 40c. upw.
THE STORE THAT KEEPS THE PRICES DOWN.
''hlf. Your Fortune is good '".'.'..
Your Fortune Is good
There are great prospects for you.
A treat Is both possible and probable If you aro going
Sweet Yiolet Creamery Butter
and it will give you moro
meals than you ever enjoyed
75 Cents for 2 Pounds.
C. Q. YEE
An Up-to-Date RESTAURANT,
flinches Served at Short Notices
.eals from 6 a. m. to
,andies, Wedding Cakes
kro Our Specialties
Don't be fooled into buying anything, but a Wachusett Shirt.
Insist upon it. Pajamas, light and heavy. Shoes of all description.
We also carry a large assortment of Men s Furnishing Goods.
OUR "TICK DEPARTMENT
Prices Range From $1.25 to $125
W. W. Dimond & Co., Ltd.
6 65-67 King Strret,
Our Stock of Underwear has
just been replenished by tho ad
dition ot a vory largo shipment.
Every garment is woll mado
and dainty; materials aro cam
bric, lawns and nainsooks, trim
med with laces and embroidery.
Considering tho way Manufac
turers' prices havo advanced,
since our orders were placed,
and 'the way they are continuing
to advance, It Is no exaggeration
to say, that our prices ARE AT
LEAST 20 LESS, than you -will
havo to pay for garments of the
samo quality, a month or two
HOP & CO.
11 p. m.
and Catering ,
We aro the only
EWA FISH MARKET
g Ghoog Go.
aro a necessity, without them we are
entirely lost. With one of ours yon
aro up to dato right to the scratch.
Look ovor tho largo assortment, each
one of which Is guaranteed, and agree
with us that all aro reasonable and
Honolulu, T, IL