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rm . a. W . A r fW Y . 1
I he Stat is An intelligent progressive newspaper
HONOLULU, HAWAII, FRIDAY, FEBRUARY 5, 1909.
mm W 01 GifiD 1 LAWYER MOON'S OFFICE
"Brigands and highway robbers" erloy "siege" remains this afternoon
are the terms Attorney Magoon applies almost precisely as it was yesterday,
to those who are seeking to get hold the only change being that the guard
of the person of Dr. Atcherley and force at the Magoon building has been
land him in tho asylum. .Ho further reduced to one man. Special police
says that any lawyer who would make stroll around there once in a while,
such contentions as the attorney gen- however, but as there is "nothing do
eral makes in the case is not fit to ing" they are soon off.
hold the job of attorney general, and ur Peterson, superintendent of the
doesn't know as much as a schoolboy insane Asylum, was down this morn
ought to know. iq, looking for news. He says he
"It is the most outrageous proceed- is stm "searching" for Atcherley.
ing in violation or liberty that ever Technically, that is correct, for while
took place in this country," said Ma- jie naa ,m treed he has not actually
goon. 'It is not Atcherley's light, but Iaid hands on or even seen the man.
everybody's. 'inis man was sei ireu
by Judge Robinson on habeas corpus
and the attorney general proposes. to
ignore me aecis.on on a vuuia mat.
a mere appeal acis ua u. superecued,
wnicn is so aosura, uniounaea ana
, ridiculous that no lawyer who advanc-
It I. flf in l,o nttnrnnv roronl X
am not a man to advise violence or
1 1 1.1 j u 1 i
means to free Dr. Atcherley. When
he won legally In court they propose
by acts of brigandage and highway
robbery to ignore the court's decision.
I don't want to mince words at all. It
Is the most outrageous, lawless in-
fraction of personal liberty I ever
heard of. Yes, Dr. Atcherley is still
in my office, my advice to him Is not
changed at all."
The down-town section of the Atch-
DEBATE DURING WHICH THE RIGHT OF CALIFORNIA TO PASS LAW
SEGREGATING ALIENS IN SEPARATE SCHOOLS WAS UPHELD
LAW FURTHER PROTECTING ALIENS IN AMERICA PASSES AFTER
DEBATE BY MAJORITY OF ONE.
The school question which has sud
denly been revived ln California was
discussed in Congress at some length
on December 12, and in view of the ca
bled report' of the passage by the As
sembly of the California legislature of
a law to require Japanese to attend se
parate schools, the debate is of special
interest. The act under discussion
was an act to make it an indictable of
fense in a federal court for any two or
more persons to conspire against the
rights of an alien, which rights are se
cured by treaty. The bill passed by a
majority of one, but in the discussion it
was several times stated that California
or any other state had absolute power
to decide who should attend schools,
Followlng is some of the discussion:
MR. SHERLTV of Kentucky. I do
not know of any power under the treaty
making clause of the Constitution that
enables the Federal government to
confer upon aliens rights superior to
those possessed by citizens. I myself
have always believed that the treaty
making power was a restricted power,
and upon this floor took occasion to
is a symbol of Integrity, Sin-
cerlty, Reliability, and long Busi-
Look for it.
X It appears on every bona fide
document, and advertisement of
A m 1
'.M 923 Fort
sherlff Jarrett was m conference
wUh th(. AUorney-General just before
noon K ,g understo0d that the lat-
ter has some pIan ln TOlnd( DUt what
that Jg couId nofc be earned. Jarrott,
after the interview, stated that he
"OUIU uuuuuue tuo l,u
soon building, but merely to prevent
a Ciasn inetween ino Aiciieriey lurctss
and the aBylum suards-
Atcherley .and his wife were moved
last night from the spare room at the
Ewa end of the Magoon building into
Mr. Magoon's offices. There they are
fitted up in fairly comfortable shape,
and, to all appearances, intend to stay
there until tho Supreme Court takes
up the matter of the appeal from
Judge Robinson. Papers in this ap
peal have already been filed.
point out some limitations which were
on that power. Now, this proposed
law does not undertake to say what
rights can be conferred upon aliens.
What It does undertake to say Is this:
That when the government of the Unit
ed States confers a right upon an alien
as a result of a formal treaty made
with a sovereign power, that It owes
It to its standing as a member of the
great nations of the world to see that
that right is maintained and enforced.
(Applause). This matter Is not a new
proposition. President after President
has sent messages to Congress asking
that something be done to give the
Federal government power to enforce
its treaties. What a humiliating posl-
tion the United States is in when It is
called upon by a government with
which It has entered into a formal
treaty to enforce a right guaranteed by
such treaty, and has to answer that it
has not power, and that such foreign
nation will have to look to a State
which that nation does not recognize.
Now, I agree with this much of what
(Continued on Page Four.)
ALL THE NEW SHAPES
L.B. Kerr & Co., Ltd
CONCERN WHICH PROPOSES TO
BETWEEN PEARL HARBOR
FOR $100,000 WITH PRIVILEGE
FIVE MILLION L. T. PECK PRINCIPAL STOCKHOLDER.
Following the decision of- the Su-
nreme Court on Wednesday that the
Terrltorlal treasurer had not the right
to grant a charter to the Pearl Har-
bor Traction Company, the promoters
of that concern this morning filed with
the treasurer the formal articles of
incorporation suggested by the court
NOTWITHSTANDING THE GOVERNMENT WILL SAVE 5200,000 OF AP
PROPRIAIONS THE DEFICIT AT END -OF I AST SIX MONTHS OF
PERIOD WILL BE $70,000 VARIOUS MODES OF RETRENCHMENT
WHEREBY FINANCIAL EQUIPOISE MAY BE REGAINED.
In giving out a financial statement
covering the last six months of the
biennial period ending on June 30
next, Governor Frear this morning
made the following comments:
"At the beginning of tho period
there was a tieasury balance of a lit
tle over $313,000 net cash. We aro
figuring on saving a round $208,000 by
leaving portions of the appropriations
There Is figured a deficit
of about $000,000 that the Legislature
appropriated over the revenue.
"That Is, notwithstanding we save
about $208,000 not expended, we are
still left ln a hole of about $70,000."
Asked how it was proposed to meet
this deficit in the next biennial period,
the Governor said: ,
"There are many ways:
"By increasing the revenue.
"By reducing salaries.
"By wiping out positions. " 1
By reorganization and rearrange-
ment so as to accomplish tho work
with less machinery.
"By action of tho Legislature which
will avoid expenditures in some ways."
ASSERTED THAT BATTLESHIPS
HAMPSHIRE AND TWO ARMORED CRUISERS WILL BE ORDERED
TO PACIFIC SOON NEW DREADNAUGHTS TO BE TESTED OUT
AROUND THE WORLD Of HER
Oh, tho further off from Yankee-The Star this morning, "but, though
land, tho nearer to Japan, thero has been much criticism because
And tho moro tho miles we leave tho Atlantic fleet of sixteen battleships
behind, tho nearer 'tis to land. was not kept in tho Pacific, the United
Old Sea Song. States has not overlooked tho efficlen-
"Tho further away tho Americancy of a substantial floating peaco pa
fleet is, tho more Japan talks," said '
an Army officer to a representative of v (Continued on Page Eight.)
ESTABLISH NEW COMMUNICATIONS
AND HONOLULU INCORPORATES
TO INCREASE ITS CAPITAL TO
and under which they will operate,
Tho incorporators are C. H. Athcr-
ton, C. G. Ballentyne, A. L. Castle,
W. R. Castle, F. W. Klebahn, L. Ten
ney Peck and D. L. Wlthington. Each
takes one share of stock of the par
(Continued on Page Eight.)
Following Is the financial statement
Estimates, Territory of Hawaii, for
the six months ending Juno 30, l'JO'J.
Cash balance, Dec. 31, 1908. .$304,131.82
Estimated avallablo receipts six
months ending June 30, 1900, not
Including land sales ( same as last
Outstanding warrants Dec. 31, 1008
Balance of road, special and land im-
provement funds, Dec. 31, 1908
Balance of previous appropriation on
Dec. 31, 1908, $958,130.09; less estl-
mated unexpended June 30, 1909,
Additional appropriations. ..$132,408. 01
Unpaid bills $2,570.04
To counties, road taxes.... $119,374. 00
One-half other taxes... $473,374. GO
One-half licenses $30,000.00
MAINE, IDAHO, MISSISSIPPI AND
MRS. KALEIKINI THROWS SPASMS
FOR A LITTLE' WHILE JUST
Mrs, Kalelklni, tho mother or George
Knlelkinl on trial for killing his wife,
was taken with fits In the corridor
outside of Judge De Bolt's 'court jU3t
before noon. She foamed at tiig mouth
and it was about seventeen mlmies be
fore she resumed a normal condition.
Mr. Achl is going to try to prove
hereditary insanity for a defense. The
prosecution rested before recess and
the defense Is going on this afternoon.
Rov. Sereno E. Bishop, D. D.. the
venerable scientist and theologian, has
been stricken with senile dementia ot
somewhat violent type. So as to afford
him skilful caro and treatment, his
family has concluded to place him in
the Asylum. Dr. Bishop seems to real
ize something of his condition, for he
cheerfully consents to be taken to the
Institution, saying ho knows Dr. reter-
son and has confidence in him.
From a stroke of paralysis a year
or two ago. Dr. Bishop was confined
to his home. His mind retained its
accustomed activity as readers of Tho
Star have occasionally known through
his contributions to this paper. A few
weeks ago Dr. Bishop had another
stroke and was reported critically III,
but that his mental powers should col
lapse before the end was not expected.
Doctor Peterson of tho Asylum for
tho Insane yesterday registered with
the City and County Clerk a two-barrelled,
two-cartridged , short-nozzled,
Doctor Peterson has been guarding
the Magoon building on Merchant and
Alakea streets to take the body ot Dr.
Atcherley if he should emerge there
from and Attorney Magoon has Atcher
ley locked In an office-room pending
final determination of his custody.
What Peterson secured tho pistol for
is not recorded, In fact City and Coun
ty Clerk .KalauokalanI stated this
morning that he could not let a re
porter or anybody else see or be in
formed about the gun-register without
permit of the Sheriff or Deputy Sheriff,
Culman's watches are of lasting re
gularity ,made perfect by machines ot
SALE CLOSES SATURDAY.
The dress goods sale at Sachs' closes
Saturday. Till then, goods sell at al
most half price. Special Saturday.
Best cup of coffee ln the city at New
Wholesale Merchant on Hotel street
has received the largest consignment
of Japanese goods which he is dispos
ing of at very reasonable prices. Mr,
K. Yamamoto Is always the first man
to Import tho first crop of goods from
Japan, and we can promise the best of
treatment from this popular merchant
THE CHARTER DECISION.
Lorrln A. Thurston, in a published
letter, shows that tho charters of tho
Rapid Transit and Hllo Railroad com
panies aro not affected by the recent
decision of tho Supremo Court on the
Pearl Harbor Traction Co. case. The
received their charters from the Re
public of Hawaii ln the transition pe
riod, which Congress ratified in the
Organic Act. Mr. Thurston also shows
that none ot the plantation and mer
cantile companies aro affected, they
having incorporated undor the general
February 6, Tag Day, will Interest
B SHOP S
E 30 PFTFRSDN
a UB H KM B D w "c m J
TAKES SOME LAND
(Associated Press Cable tc The Slar.)
.WASHINGTON, D. C, February 5. -President Roosevelt has placed
in the control of the Secretary of War five and three-quarters acres as a
reservation on Kaakaukukul reef, Honolulu harbor, Xor the establishment
thereon of storehouses, loading platforms and defenses for tho protection
of submarine mines '
This is supposed to refer to the rer much of which has been filled in, on
the Walklklside ot the channel leading into tho Harbor of Honolulu, now, the
property of the Navy but which is to be turned over for the use of the Army.
WASHINGTON, D. C., February G. President Roosevelt has today
renominated Alexander Lindsay, Jr., second Judge of the First Circuit
Court, and Arthur A. Wilder, associate justice of the Supremo Court of
the Terr3 ory of Hawaii.
IS MORE PEACEFUL
CARSON, Nevada, February 5. A resolution asking the President to
order the Atlantic fleet to immediate duty in tlfo Pacific, on account of the
menace of Japan, was today tabled in the Senate.
SA,CRAMENT,Q, February 5. Governor Glllett has Bent a message to
the Assembly .recommending that reconsideration be had .In regard to
the school bill passed yesterday which measure provides for tho segrega
tion of tho children of Japanese from tho children of others in the public
schools of this State. Tho Governor points out in his message that tho
bill is clearly a violation of treaty rights. Action on the message of tho
Goverhor has been deferred until Wednesday. The bill was introduced In
the Senate today.
CROCKETT, February G. The
California Refining Company was this
employee No one was hurt.
NEW YORK, February 5. The t
cover over $2,000,000 for duties paid
LOS ANGELES, February . Tho three million dollar American Refin
ing Company's plant at Chalmetto is burning.
Chamberlain's Cough Remedy has
been examined by eminent analytical
chemists who certified that it contain
ed no narcotics. It Is not only a safe
and harmless mcdlclno but tho best
In use for coughs, colds and croup. For
sale by all dealers, Benson, Smith &.
Co., agents for Hawaii.
Tho only baking powder
mado with Royal Grapo
Craam of Tartar
No Alum, No Lime Phosphite
home of the superintendent of tho
morning dynamited by a discharged
aking of testimony in the suit to re
by the American Relining Company
Tho Alexander Young Cafo serves
high-class combination lunches and
dinners at popular prices.
The forms, or trees, keep the shoes
Ireo from wrinkles, and prevent them
from "curling up."
They keep the shoes In perfect shape
and lengthen their wear. The addi
tional wear that trees give tho shoes
moro than covers their cost.
They aro indestructible,
lunt for years.
$1.00 a pair jj
1051 Fort strset,,, Telephone. 282. iJHfl
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