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HAWAIIAN STAR. SUOAR Gano: 4,52c. lb,, $00.40 per ton. 'Boots: 15s. Oil. per cwt., $100.20 per ton. BSATHffiR Thr mln., 66. Mar. 8 a. m., 30.16. Wind, lin., 10 N.K. ItHin, 2th., 8 a. m., .01. Telephone 2365 Star Busikss office. The Largest Daily Paper in The Territory second fditton .T VOL. XIX. TWELVE PAGES. HONOLULU, HAWAII, FRIDAY, MARCH 8, 1912. TWELVE PAGES. NO. 0221. ATI0N AMUNDSEN CONFIRM r SUPREME COURT SUSTAINS STAR Bananas Were Cut Without Statutory Justification Law and Common Sense Maintained Against Officious Doctors 1 Yesterday afternoon the Supreme Court rendered a unanimous decision against the government, in Its posi tion of defending the Board of Health regulation prohibiting the growing of; bananas near residences. Chief Jus tice Robertson writes the opinion of the court, which is given In full be low. By examples from other juris dictions It hows just how the Board j oi tieaiin exceeaea us powers in con demning the banana. Where tho health authorities of a certain town insisted on examining tho baggage of passengers from uninfected places as well as Infected, the court that tried the protest against the action in ques tion declared tho authorities exceeded their powers. But where a legisla ture specifically authorized a munici pality to pass an ordinance prohibit ing rice culture within its bounds, the KAIIKI IMPROVEMENT CLUB 11 Katmukl, Walalao and Palolo im provement Club met yesterday at 7 : 30 p. m. in Chinese vacant store near end of car line. Officers present, H. G. Davis, presi dent; V. K. Macpherson, treasurer. D. Logan was called to act as secre tary. Tho following candidates were pro posed and elected by unanimous vote. Jet Grlgsby, Jules P. Rego, C. H. Miller, G. F. Affonso, C. H. Jennings, ,0. Bannister, Ray B. RIctow. Emll A. Berndt reported progres3 from tho committee on roads, etc. D. Lgan presented a draft of by- Superintendent V. T. Pope, of the Department of Public Instruction, spent considerable time yesterday on the matter of seduring boys for tho proposed agricultural school to bo opened In co-operation with tho Ka huku plantation company at Kahuku. "I am sorry that tho matter Is not moving fastor," stated Mr. Pope, "but 'thero seems to bo a disposition to qusstion tho good faith of the propo sition. In fact somo of the boys whoso parents had agreed to their go ing havo since backed out. However, I think wo shall bo able to get tho fifty required for making n start." Mr. Popo stated that he had person ally seen a number of families who are considering permitting their boys to enter tho school, and ho believes thnt at least a fow recruits will bo so cured as n result. A number of boys now in tho industrial school at Waia lee, who havo shown good character and proper Inclinations, will also pos sibly bo permitted to enter tho new institution. Mr. Popo Is very enthusiastic of tho Idea. Hq, 'states that it will not only enable tho boys Who take advantago of tho opportunity to secure a good schooling in tho common branches during tho half day which jvlll bo daily devoted to this, bukalso to be-, PASSES PARKING SPE CHANGE FO EW court where the ordinance when passed was tested found that the mu nicipality had not exceeded its pow ers. Here the Board of Health on the, unproved theory that bananas were usual incubators for the yellow fever mosquito, because they retained wa ter for some little time after rain and in isolated cases were said to contain larvae of tho mosquito notwithstand ing that tho testimony of all the offi cial entomologists was against that position made a regulation prohibit ing tho growing of bananas within a certain distance of a dwelling and re lied for authority for this action upon tho statute which gave It power to make regulations with regard to water in which mlsqulto larvae breed. In this tho board exceeded Its powers, according to tho court, having utterly (Continued on page seven.) 1 - .v,tofi;ffiSffl laws from a special committee of tht directors, consisting of Ed Towse, Secretary J. H. Fiddes and D. Logan, which was considered section by sec tion and with amendments made re ferred back to tho committee with di rections to present galley proofs of tho revision at next meeting for final consideration before printing. E. H. Boyen made an oral report from tho finance committee on tho Floral Parade float of tho club. There was likely to be a balance over, he stated. 4 Mr. Towso moved that the balance, (Continued on , page six.) IAL como proficient in the art of sugar cano propagation. "These hoys," said Mr. Pope, "will havo every opportunity of learning alf the plantation methods of planting, irrigating and cultivating cane, and will bo In position at tho end of three years to hold good paying positions as lunas or sub-managers at salaries of $100 per month or over. Besides this they will receive pay for ihelr-'work during the course of jtheir.ftraining, and at tho end a division ofttlio sur plus from tho contract price of the'1 cano which they will cultivate. Tho Institution, will bo run on businesslike, lines, giving tho boys every opportun ity to become acquainted with busi ness methods. It is distinctly not a money-making schomo on tho part of tho plantation people, but they nro hoping to do something which will benefit tho Islands, and at tho same timo produce a high grade of men for tho bettor places on a plantation." Governor Frear spent soveral hours yesterday afternoon In making an ln spection of Kapiolanl Park in compa ny with tho park commissioners. Th development lot thta most beautiful o Honolulu's parks Is said to bo pr grossing rapidly and in a very Batlsl RESOLUTION KALAKAUA NDUSIR SCHOOL uKe JvananamoKU To Swim for States ft o o o o ooooooooooooo o o o o o o a CHICAGO, March 8. Promo tion Committee, Honolulu: Duke goes Stockholm. Cable $200, Merchant,?' Loan. See Soper. HENDERSON. ooooooooooooooooo The abovo cablegram was received this morning. It means that Duke Kahanamoku, Jr., Hawaii's champion swimmer, will bo a member of the American team of athletes which will compdte' for world's lienors at tho Fifth Olympiad to be held In Stock holm next July. Tt also means that the sending of Kahanamoku to the mainland to take part in the tryouts will turn out to be one of the most important advertising features that these Islands have ever had. Just what Duke has done to earn the honor is unknown here at present People are not bothering about that, anyway. Everyone Is more than sat isfied to take the cablo ' at Its face value and let it go at tat. According to the Eastern papors and advices from Manager Lew G. Henderson, tho 50 and 100 yards races In which Kahanamoku was ex pected to make his best showing wpro not to have taken place In Chicago till th" 12th and 13th Inst. These, It has been understood, were to be the real Olympic tests at these distances. Test Dates Switched. The date originally set for these events was February 28. The date or the Pittsburg 220 and &00 yards races was February 22, and these races were pulled off according to schedule. The Chicago dates have booniiphanged for some unaccountable reason In tho meanwhile, Duk?. and party went on to New York and the former competed in and won a hundred yards race there, though just what event II was or what importance attached to tho victory no one at this end of the lino has any idea. Vincent GenQves, who accompanied Kahanamoku on his Journey, appears to have been lost in tho shuffle, as far as definite news regarding him is con cerned. The last heard from him was that ho finished fifth In his heat in tho 220-yards race at Plttsburer and that ho was expected to take part in If SUSPENDS Judge Dole this morning, tempor arily, granted tho motion mado yes terday by United States District At torney Breckons to strike from tho (Continued on rago Eight.) ey to Fight On th xiorii nawaii anu maul aro to re- colvo' financial asslsanco In combat ting tho Mediterranean fruit fly. ' Ha waii', which already has tho pest, will geC $3500, whllo Maui, which thus far htt escaped, will get. $1000 for the pHrposo of inaugurating a precaution ary inspection system. Tho monoy for this purposo is to como from tho Territorial conserva- Ion fund, and was voted nt a mooting f tho committee on allotment of this fund, held this morning In tho gov ernor's office. At this meeting woro present, besides Governor Frear, J. P. Cooko and Marston Campbell, mem bers of tho connalttce, and also W. M Gltfard, tho now president t, tho Bu RULING Man 'It in uivmDic u the BOO-yards event at the samo nlnce hold a few days later, but of which event no news has been received. Money Needed Quickly. John Soper, of tho committee which DUKE KAHANAMOKU, Jr. (Kneeling.) arranged the tour, stated this morn ing that he had ?100 in hand and that ho wanted another hundred right away. He should experience not tho slightest difficulty in obtaining that amount and more should It be needed. In tho Chicago races Duke will have . CURRIE ELECTED OFTRE Tho Attorney General's department and tho Board of Health aro accepting tho decision of tho supremo court, in referenco to tho banr.na cutting cru sade, with good grace. In fact every- the FSy reau of Agrlculturo and Forestry, and C. S. JudJ, tho former president of the board. Dr. E. V. Wilcox, a member of tho committee, was unablo to bo pres ent. In making the allotments tho com mittee decided that It is well worth tho effort to- try to prevent tho do struotivo insect from reaching tho only island still free from It, while in tho case of Hawaii, whoro tho fly has obtained n foothold In tho Kohala dis trict. It is hoped that by stringent measures it may be kept in check and possibly from reaching tho coffoe growing sections of Hamakua and Kona, whero it Is boliove.l that its in troduction would spell tho ruin of this Important industry. e Other Islands ames to competo with such well known swimmers as P. Mnllcn of Chicago University, William Vosburgh of Illi nois University, Davo Suttlo and Will iam Healy-of the Chicago Athletic As- sociation, John Shryock and E. Scott of Philadelphia, and Tom Wlnans and II. Foster of tho Illinois Athletic Club. Something of Duke. Since a mere boy, Kahanamoku has spent most of his days in tho shel (Continued on Page Eight.) AS if body mixed up In the matter seems to bo feeling decidedly rolloved. No body was found about either depart ment this morning who seemed dis posed to argue tho niorit.i of tho caso or .oven to uphold tho extravagant course of tho special Citizens' mosqui to committee In fact one or two in timated that they had never had any real symtthy for tho cau'so. As was to bo oxpocted, Dr. Currie, who is no longer hero to bonr his share of tho burdon of responsibility, w&i in a fow instancos mado tho "goat" to tho extent of saying that ho was tho real instigator of tho deep, dark plot to destroy tho succulent ba nana. Attorney General Alex. Lindsay and Deputy Attorney General Sutton, tho lattor of whom actlvoly conductod tho caso for tho Board of Health, both do clarod this morning that they coin cided In opinion with tho supremo court decision, and had no complaint to make. "Wo never believed wo had a log to stand on," declared Lindsay in talking about tho matyf this morn ing, and Deputy SuttoifJ-ochood tho sentiment. "But'tho Barjl of Health wanted n doclslon one way or tho other, and of course wo put up tho (Continued on Pago Eight) BANANA BURLESOU HE DOESN'T BANK SCOTT POLAR CLAIM (Associated Press HOBAIIT, Tasmania, March 8. Captain Amundsen denies confirming tho story that Captain Scott dlscovoied the South Pole and says he is un informed on that point. Captain Amundsen was the only man allowed to land from tho Fram and Is ready to submit his charts. CAMPAIGN CLAIM WASHINGTON, March 8. Ulxon. bltration amendments are an endoi against encroaching on the Senate's CHECKING A ROOOEVELT SCHEME. WASHINGTON, March 8. Tho Senate District of Columbia Commit- teo has adversely reported tho Brlstow primary in tho district. THE PRESIDENT'S CAMPAIGN. ALLIANCE, Ohio, March 8. President Taft has begun a three-day Ohio campaign and urges confidence avoid class hostility. McNAMARA RELEASED. NEW YORK, March 8. McNamara, charged with the robbery of tho Westminster, B.'C, bank of $241,000, dence. THE COST OF LIVING. WASHINGTON, March 8. Representative Crawford Introduces a bill providing $20,000 for an International THE CINCINNATI AT TAKU. PEKIN, March S. The United States cruiser Cincinnati has arrived at Taku. Tho collier Abarenda Is expected PRUSSIAN COAL MINERS. BERLIN, March S. Tho coal miners of Eastern Prussia demand a fif teen per cent increase In wages. THE MERRITT DISASTER. MERRITT, March 8. Seven men aro dead and eleven are entombed as a result of the gas explosion. CHIHUAHUA SITUATION. MEXICO, March 8. Tho situation In Chlhuahau Is serious. (Morning Cablo Report on Pago Twelve.) TO 00 AWAY WITH MENACE In connection with the mosquito campaign a very important improve ment will bo mado at Kapiolani Park which will not only destroy a possiblo mosquito menace, but add greatly to tho beauty of tho park. In this con nection Governor Frear, accompanied by Deputy Attorney General Lymer of tho legal department of the Board of Health, and Judge Henry E. Cooper, paid' a visit to the park yesterday aft ernoon. Tho stream which onco wound its way through tho park had Its waters diverted by a Chineso rice grower and now but a small amount of water trickles along its thickly overgrown bed. It Is now proposed to clear away this vegetation and remove tho foot or two of soil which covers tho coral Tho buslnoss of Mrs. Annlo A. Koarns, who for the past ten years has operated tho Honolulu Jam and Chutney Factory, is to bo incorpor ated, undor tho siuno nujno. Papers of association will probably bo filed with tho territorial treasurer today. Tho company will bo capitalized nt $25,000, with privilege of increasing to $500,000. All ot tho stock has been subscribed. The olllcors, who aro also tho prin cipal stockholders, nro W. R. Castle, prosldont; Mrs. Annlo A. Koarns, vico president and manager; R. C. Soarle, aeqretary, and R. Rosonborg, treas- ljnow company plans to greatly onlargo tho buslnoss, and to that end has alroady secured a loaso on prop erty on lower Alakoa streot, upon which a two-story factory building will bo erected nt once. Whon this is com pleted tho presont plant on Borotnnla btroet will bo moved, and with a largo amount ot additional equipment to bo s JAM FACTORY J Cables to the Star.) FOR ROOSEVELT. Roosevelt's manager, says that tho sement of Colonel Roosevelt's warning treaty - making power. bill for a Prsldcntial preference In tho government and an effort o has been released for lack of evi Investigation of, the cost of living. thero tomorrow. 0 T MOSQUITO IN KAPIOLANI PARK foundation and then divert enough wa ter from tho Manoa stream to mako a beautiful stream out of what is now but an unsightly scar. Gates will bo constructed at tho maltal end of tho stream to retain tho water until tho stream is filled, and then they will bo opened to allow the water to flow through. In this way thero will never .be an opportunity for tho Iarvao ot mosquitoes to breed in the stream. The improvement proposed will ba started within a few days under, tho supervision of Aloxander Young, who has already done many things to mako tho park more attractive. Tho work will be dono by somo of the prisoners who aro now employed in the Board of Health's mosquito crusade, and It will furnish employment for about thirty of theso for somo weeks. , added will then bo In position to nan j dlo ordera of any size. Mrs. Koarns' .business has grown so rapidly in tho past fow years that It has outgrown tho capacity of her proscnt plant, and hence tho necessity for enlargomonL 'S Attorney V. A. Kinney's brlof for Delegate Kuhio in his complaint njghiBt Governor Fronr has boon ro cfjLdn Honolulu. TygniQcratlc loador, discussing tho 'availability of tho governor for usoful ifervIco to tho people of Ha waii, says "that so urgont and Impera tive Is tho necessity of counterbalanc ing the rising tide ot Asiatic ascend- CHUTNEY CENG INCORPORATED KINNEY BR EF AGAINST FREAR l (Continued on pago Flw)