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ft The Stat Is An lnteUigentVjjProgressive Newspaper ijtlXx jsr ej7 je TELEPHONE 365 STAR Business Office SECOND EDITION VOL. XVI. TEN PAGES. liONOLULU, HAWAII, MONDAY, DECEMBER at, 1908. TEN PAGES. No. 5218 THE TERRITO L AN AI CASE . ' If ,'i V REVOLT CHIEFS MOVE FOR (Associated Press AUCKLAND, New Zealand,- Dece are preparing to raise an Independent America to juBtlfy their action. DROUGHT CAUSE MONEY ,'ON ACCbUNT OP PUMPS HAVING THE APPROPRIATIONS FOR WATER WORKS HAVE RUN SHORT THE LEGISLATURE WILL BE ASKED TO VOTE A DEFICIENCY AMOUNT. As the direct result of the drought which has apparently just .been brok- ,. , . . - t,ii ,.,, en, the department of Public Works ' will be forced to ask a deficiency ap- proprlation from the Legislature with which to pay the salaries and run- however, made on the basis that the nlng expenses of the Honolulu water pumps should work but sixteen hours department from January 1 till June each day. With the three extra shifts 30, the end of the fiscal year. Had which have been needed and the ex the rain fallen in copious quantities tra expense of fuel, the money has during the last eighteen months, there melted away fast, would have been no need of this, but The accounts of the department the two long dry spells, which have show that through the extra shifts spread over that period, have caused w hich have been worked on account all the trouble. of tho drought, the sum of ?8,455 has On account of the drought the de- been spent for salaries and ?7,810 partment has been compelled to keep spent for additional fuel. Two oil the pump at tho Beretanla street burning plants have been installed, plant working for the full twenty-four which have already paid for them hours for a year and a half, while selves through the cheapness of this at the Kallhl and Kalmukl plants the fuel as compared with coal. E Charge of assault and battery against the nifty little boxer, Jack McFadden, was dismissed in police court this morning on -motion of the County At torney's office. McFadden was sev eral days ago arrested for alleged as sault on a man on Hotel street. It seems that McFadden had no res Mays for Storekeepers You may find your handsome store fittings wrecked by .vandals; or your year's profit gono In goods or money; or That a burglar-proof safe is not always burglar-proof. A policy in tho Pacific Coast Casualty Company will reimburse you whonovor such a loss occurs nurglnr Policies, ?15 per 1,000. Trust Co., Lid, 923 Fori Sill FADDEN 111 s SAMOA nnilTTOT 10 DM INDEPENDENCE Cable to' The Star.") mber 21. The chiefs in German Samoa flag and will aQpeal to England and DEFICIENCY TO WORK FOR LONG PERIODS I pump's have been working for the full day and night for' a year. The last appropriation mauo uy uie iegisuuure .ll .., , ., . . for this work -was Iri two parts, ?30,24O tor saIarleS( and $71,740 for- running expenses and maintenance. This was. ponsibility in the matter, the other be ing tho assailant. Sentence was suspended for thirteen months in the matter of J. Bettencourt who butted into the affair and endea vored to dissuade an officer from mak ing the arrest McFadden comes 'out of the fracas without a blot on his gentlemanly record. DOLL CONTEST. The doll contest at Sachs' closes Thursday evening at 10 o'clock. Please get in votes before then. Our Grand Christmas Fair Now In Pro gress LB. Kerr & Co., Ltd WHO IS TO UUI1IL0I 10 Ull SUPREME COURT BEGINS THE HE ARING WITH A VIEW TO DECIDE WHETHER THERE SHALL BE A RECOUNT OR. NOT TESTIMONY BY CITIZENS WHO SIGNED LA NE'S PETITION ASKING FOR A RE COUNT. ' I The hearing of the testimony of thoso who signed the petition asking for a recount of the votes In the re cent election for Mayor of the. City and County of Honolulu, commenced . this morning in the Supreme Court. When the court assembled at 10 o'clock the call of the roll of petitioners only . revealed six as present and Chief Jus tice Hartwell gave orders that the oth ers should be summoned. The object of the Inquiry was to find out upon what the petitioners personally based their belief when swearing to the com plaint. The most sensational testimony which developed was that of James Kullke, who swo"re absolutely that he Iiad seen" Willie Crawford, keeping the tally sheet In his precinct of the Fifth District, when a vote for Lane was called, pretend to tally the vote, but move his pencil over the paper with out making any mark. Most of the witnesses who were examined had received their informa tion from others, though in several cases direct statements alleging that frauds had been committed were mace, In speaking of the Crawford precinct, Judge George A. Drfvls, who with A. G. M. Robertson acts-as counsel for the petitioners, stated that he expected to prove the fraud by a chain of evi dence. He said that he would show in the first place that Crawford had no business behind the rail, except when casting his vote, that he kept a tally sheet which was incorrect and that this tally sheet was the one used by tho Inspectors In counting up the re turns In the fight for Mayor. From the manner In which the tes timony went along It looks as though considerable time would be taken up before a recount will begin, if the Supreme Court decide on a recount at all. The first witness called was F. W. Macfarlane, who stated in response to questions of the Chief Justice, that he had sworn to the petition as the result of hearing the charges read before the Territorial Central Committee, of E SUIT ALLEN'S OEATH High Sheriff Henry does not at all appreciate the notice which appeared In the morning paper today stating that his chief deputy, George Sea, had been with Attorney E. C. Peters on Maul looking up evidenco for a damage suit against the H. C. and S. Co, for the death of Arthur Allen, who was killed In an accident at Puuncno a short time ago. He stated that Mr, Sea was on Maui on other business than that mentioned and, further than taking a pleasure ride In an automobile with Mr. Peters, had nothing to do with him and had nothing whatever to do with any such suit. A RELIABLE? REMEDY FOR CROUP. With tho dry, cold weather of tho early winter months, paronts of croupy ohlldron should bo on tho alort for ominous symptoms. Thoro la no causo for anxiety when Chmnborlnln Cough Remedy Ib leapt In ilia homo, K this nioillolno in given as booh as tho child lioooinos hoarso, or even after tho croupy ooiuh buy appeared, tlio attack tuny lie wordod off. For nulo by nil dualers, Hkiihoii, 8mh)H & Go,, inputs Iw Hawaii. DAMAG BE m i& Jul which he is a member. He had no personal knowledge of the facts. L. S. Conness- stated that an Inspec tor in Willie Crawford's precinct had told him that a dozen or more votes had been cast after. C o'clock. Other wise he had no personal knowledge of the facts', save from gossip around town. 1 Wm. Henry stated that ho had been told of false tallying on the part of Willie Crawford. He also stated that the general atmosphere was full of rumors of trickery. James Kullke told of seeing ballots marked one way and counted another in the Crawford precinct and of be ing asked to bet by Crawford. He also told of hearing that there had been fraud In throwing out votes in various precincts. He was closely questioned by Justice Wilder ln'iegard from whom, he had received his .Information. The witness testified that some times when Crawford would apparently make a mark counting a vote, no mark would appear on the paper. He stated that Crawford had spoken to Chinese and that in one case he hud told that Crawford had said that ho was working only for Cathcarc. Kullke said that he had talked with people from the second precinct of the .Fifth District and also In the Third precinct of the Fifth. Col. Knox testified that he had been told of Crawford's trying to bet on Achl. In his own precinct tho 9th of the 5th he saw a mistake made in the tally of five votes in favor of Fern. After considerable argument tne court announced that the matter of Crawford's offering to bet was not ma terial to the case. H. M. Von Holt was sworn and stated that his information came as a mem ber of the Central Committee. He said that part of his information came from Frank Bertelmann, jn regard to frauds in the country precincts. He stated that he had heard that rejected ballots had been picked up in Kakaako and brought to John Lane. POSSIBLE RJURY WITNESSES ON BEHALF OF ROD ERIGUES MAY HAVE TO FACE SERIOUS CHARGE. , Tho results of the trial of Ramon Roderlgues, In which ho was found guilty and sentenced to two years and a half in Jail, may bo far-reaching from tho investigations which have been going on since. It appears that ono night last week, Lorenzo Diaz, who was a witness of tho defenco In the attempt to provo that Roderlgues was not tho father of the prosecuting witness, wns nrrestcd. Ho was taken Into custody by Detective Harry Lake, of tho County Attorney's olilco, and spent tho night In tho polico stntlon, being oxnmlncd in every posslblo man no r in regard to tho testimony which ho had glvon. I It Is evident that tho County At torney's office hopes to bo nblo to fast en chargofl of perjury on roiiiq of tho RodorlBUon' wltnotfiOB, iimoiiR whom wim Prniiolwo I.opoz, tha notoilonn JdlMirauliar. The effort with DIhx wan n lompimo failure, no Information linvlng mn ualnwl from lilm of U10 aluimiUJjr mlm. MAYOR? JOHN MM IS KILLED HE FALLS 95 FEET FROM MOLO KAI LIGHTHOUSE AND DIES AL MOST INSTANTLY. Reports by the steamer from Molo kal which arrived yesterday tell of the accidental death of John Souza, of this city, who was a laborer on the new lighthouse which is being constructed at the Molokai Settlement, The tower has been built to a height of 95 foet and Souza was working at this distance from the ground when he feel, dying almost instantly. A coroner's Jury was empaneled at once and a verdict of accidental death brought in. The remains were burled shortly after the accident. It appears that Souza thought that a loaded car of concrete was coming up, which would counterbalance the weight of an empty one In which ho wished to ride down, but such was not tne case, and the sudden fall, with Its fatal result, occurred. ALLEN HERBERT REGRETSDECI5I0N 'Allan Herbert, on hearing of the Lanal case decision remarked: "That is very bad news indeed. It will bo regretted by ninety-nine per cent of the people of this Territory. "I lived hero under three kings and one queen, but I have never known of a worse piece of business giving away an Island with forty-six miles of waterfront and 109,000 acres of land for schoolhouse lots that nre unsuitable for their purpose. "If the people were consulted about it the same as in the Federal build ing site matter, or as the Hi'.o people want to be consulted about their local affairs, the bargain would never have been allowed. "The schoolhouse sites are as poor as could have been selected. It was a waste. Just think of placing a school on the Hopper site, In the heart of tho street traffic. "Then there is the High school, set between two streets, no room for tho children to play, the Japanese building their shades on every side. That school ought to have at least twenty five acres of land for tho children to play upon and to cultivate." M REPORT SHANGHAI, December 4. It Is stat ed hero that Information has reached the Chinese board of foreign affairs to the effect that Germany and Japan have (concluded an agreement concerning C hi nu similar to tho one concluded between Japan and America. MORGAN RETURNING. James F. Morgnn, president of the Chamber of Commerce, Is returning ! from tho Coast, whero he represented I In wall at various conferences, in the illlonlan to arrlvo this evening. TWO SENT UP. In polico court this morning Hung Pow, for slashing a Chines night watchman, and Palk Moon Koc, Ko rean, assault with intent to kill, wero held for tho grand Jury. Best cups of cofteo in tho city at Now England Bakery. Confidential matter may be discuss ed with perfect freedom over auto matic telephones, Eaves dropping Is Impossible. Why don't you subscribe for the new service at Waterhouse Trust Co.? DUCOIIATICI) XMA8 TREE. Ilmuitlfiilly decorated Christmas tree wiling at the Alaxandor Youiik Cafe at 11.16 otieli, Qptm ovunlhgu till 11. I'lue Jeli PrlnuiijJ, 8lr QJBco, SHANG SUPREME GOES IW (Associated Press WASHINGTON, D. C, December 21. Tho United States Supreme Court handed down a decision in favor of the Territory this morning in the La nal case In which L. ,L. McCandless sought to obtain an injunction to res train Gov. George R. Carter from a land exchange involving 47,000 acres. When told of the above decision Acting Governor Mott-Smith was greatly pleased and stated that he would probably take up the completion of the deal in tho very near future. Lincoln L. McCandless, the plaintiff as a taxpayer in the Lanai land case and who ran for Delegate to Congress on the issue of the suit, when told of the Supreme Court decision as reported In this afternoon's cable grams, said: "I am very sorry to fiear it. f "Docs not state the' grounds, eh? "Well, I am very sorry. It convinces me more than ever that there la a necessity for a change In the land laws. "By this decision It would appear that the ,whoIe of our remaining pub lic lands in this Territory, amounting to about l.CS-i.OOO acres, may be traded for a schoolhouse lot by the Land Commissioner and the Governor. "And I see by the papers that Governor Frear has not asked for any change in the law to prevent such a thing. "Oh, yes, there Is danger. They were only waiting for a decision In their favor to trade off public lands for a school lot In Manoa valley." MAINE ORDERED TO VENEZUELA NORFOLK, Va., December 21. The battleship Maine has been ordered south. It Is supposed that her orders take her to Venezuela. ACCIDENT CAUSED SAN FRANCISCO, December 21. The coroner's jury which has been In vestigating tho death of late Chief of Police Blggy has returned a verdict of accidental death by drowning. TEEL NEEDS NO WASHINGTON, D. C, December 21. Andrew Carnegie, the multi-millionaire steel magnate, was today before tho Ways and Means Committee. He stated, during his address before th e committee, that, in his opinion, tha' steel industry needed no protection legislation. LISBON SHORT $7,000,000 LISBON, December 21. Muncipal accounts or this city show a shortage of seven millions of .dollars. , 3T HAS COME. We have received that largo ship-J ment of Tengu Japan rice and wo arc selling it fast, as the demand Is very great. It supersedes all otners in ua vor and quality. IC. Yamamoto, solo agent, Hotel near Nuuanu. Flno Job Printing. Star On.co. Absolutely Pure Tito only haUlny powtlor tnatfo wltlt Royal Qrapo Oroam of Tartar No Alum, No Urns Phosphate POWDER COURT AGAINST CANDLE Cable to The Star.) BIGGY DEATH PROTECTION HRISTMAS BUY THEM AT Oompany, JCtci Tito Placo to Buy Bbocs. 1051 Fort fit. Tel. ORDERS POPULAR 4 iBfcjtm'niiiiii 1