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Image provided by: University of Hawaii at Manoa; Honolulu, HI
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-SM Till? WEEKLY IIIU) TUIHUNK, HILO, HAWAII, TUESDAY, JUNK 13, 1905. i .- t H 7V'")' MiM ($ yT IjH 'J''10 brew of quality nml nbso- B!KPfB lute purity is fwmnmmm prjmo Lager It is nu ideal family beverage nml sold by nil hotels, bars nml wholesale dcnlcrs. ,:: J i,Mi r DEMOSTHENES' CAFE Comfortable Rooms ... Hot and Cold Baths ... A Well Stocked Buffet ... Mixed Drinks and Fine Wines ... A Cold Storage Plant on premises with all the Delicacies of the Season ... Open Till Midnight WAIANUENUE STREET, HILO CUISINE UNEXCELLED FIRST-CLASS SERVICE That iKl lit Horrible W- Feeling 9 I That one's stomach often has is quickly dispelled by a glassful of RAINIER BEER It aids digestion, makes rich, fed blood and is thorough 4y satisfying. Your dealer can get it for you. RAINIER BOTTILNC WORKS AGENTS, HONOLULU 2&3K3g2i2?:2 mmm TQBACCOS m COUNTY LAW UI'IIM.D, Summary oT I he- DerMon Which Sustains Iho Law. "Sealskin" GRANULATED 1 2-3 Oz. Packages Five packages gratis in each carton. "Recruit" GRANULATED 1 23 Oz. Packages Five packages Duke's Mixture gratis in each carton. "Kipling" CUT PLUG 1 23 Ounce Tins A high grade for pipe smoking. THEO. H. DAVIES & CO. Ltd. SVEA INSURANCE COMPANY Of Gothenburg, Sweden Assets (Home Office) .... 7,333,063.36 Assets In U. S. (for Additional Security of American l'olicy Holders) 656,678.43 Pacific Coast Department: P.DWARD HROWN & SONS, General Agents 411.413 California St.. Sun Francisco. H. HACKFELD & CO.. Ltd., Rosldont Agents, HILO The .suction which apparently saved the cotinU net from dentil nt the hands of the Supreme Court, in the test submission of agreed facts in W. R. Castle, taxpayer, vs. A. L. C. Atkinson, Secretary of the Territory, is as follows: "Section 95. Kach county at torney when elected shall become a deputy of the Attorney General of the Territory, and shall report to the Attorney General from time to time as he may be required." In the decision of the Supreme Court, the modifications of thedutics of department heads were nil found to he easily in harmony with the Organic Act's authorizations ex cepting the placing of attorney general's duties in the hands of the county attorneys, and the court found this to be allowable with the proviso making thecounty attorneys the deputies of the Territorial attoi ney general. The decision of the court was read in open court by Justice Hart well, who wrote the opinion. There was a crowded courtroom, many members of the legislature and county candidates being present. The decision contains the follow ing: The validity of the Act affects this community profoundly. As a measure intended to establish self government over local affairs, a principle which is the basis of our state and national systems, it has been urged by all parties. The Organic Act grants unrestricted suffrage, by the exercise of which the needs and wishes of the citizen arc intended to he expressed and carried into effect by law enacted by the legislature. It is essential for the welfare of Hawaii, for the security of life and property that the measure devised for establishing this principle, im perfect in many details and to n certain extent tentative as it well may be and yet be a valid measure, shall be free from such radical de fects as would defeat its object. With political or financial objections to the Act, if any there be, this court has nothing to do. We have only to decide whether any of its vital features are so inconsistent with the Organic Act as to require the inference that it is not authoriz ed thereby. No County Act can be regarded as unauthorized by the Organic Act by reason of such inconsistency. Nothing can be more deplorable, more abhorrent to true American ism, than a belief, thus far it is to be hoped felt by a few persons, that our courts in interpreting statutes (can reach conclusions to satisfy their own wishes, likes or dislikes. ' It ought to be unnecessary to say that we may think of the wisdom (or advantages of county govjrn l ment under existing conditions in I Hawaii has nothing to do with the questions of law at issue. Our opin ion concerning the practical work ing of this or of any oilier system of county legislation, whether it appears to us that larger opportuni ty for effectuating popular wishes ,in the expenditure of public money or in any other matters is thus af forded or not, is immaterial and ir relevant to the examination of those questions. "We have already observed that the Act would not be constitutional because in provisions for govern ment of counties and control of county affairs by elected county officers, it conflicts, as to a consid erable extent it must do, with pro visions in the Organic Act for Ter ritorial government by appointive Territorial officers, nor even if in some matters it unnecessarily sub stitutes county officers for Terri torial officers. Considerable discre tion must be allowed for the exer cise ol the expresbcd power to cre ate counties and provide for their government. "Creating counties and providing for their government does not re quire and therefore does not imply the abrogation of the functions in respect of Territorial affairs of the Territorial officers such as the at torney general and superintendent of public works. As far as officers other than the attorney general are concerned, c do not consider that the Act unduly encroaches upon their prescribed functions. The Organic Act places with the attor ney general the duty of prosecuting violations of Territorial penal laws and claims, together with many other duties imposed upon him by the laws of Hawaii, subject to such modifications as the legislature may by law enact. "The Territory, as well as coun ties, is concerned in the enforcement of Territorial penal laws. It is the Territory and not the counties to which accrue fines and costs for vio lation of Territorial laws and the proceeds of Territorial claims. To place with county attorneys to the exclusion of the attorney general the duty of prosecuting them would not be a "modification" of the at torney general's duties but practi cally a repeal of that portion of the Organic Act which relates to them. Violation of county ordinances and prosecution of county claims would properly be entrusted to county at torneys only, but that is the extent to which their exclusive authority can go without subverting the Ter ritorial system provided by Con gress. Even if it were true that the Act in respect of the attorney general's functions or in some other respects goes further than is con templated by the provisions of the Organic Act for county govern ment, there is nothing therein which appears to us to invalidate the Ait. The result would simply be that the attorney general would still be authorized to perform all of his functions as prescribed by the Organic Act as far as they concern Territorial matters. This is per haps the intent of the provision in the County Act which makes the county attorneys the deputies of the attorneys general. "Counties may properly share in Territorial tax money assessed and collected by assessors and collectors of the territory. "We find nothing in the Act which is not expressed in its title in the sense of being properly incident germane or cognate thereto. "The control of roads and bridges transferred to counties is a modifi cation of the powers and duties of the superintendent of public works and essential to the control by coun ties of their own affairs. "There is nothing in the Organic Act which precludes placing upon circuit judges the function of ap proving bonds of supervisors or empowering this court to deal with contested elections. "The provisions of the County Act making the leper settlement a separate county under the control of the Hoard of Health conflicts with no provision of the Organic Act. "The section repealing inconsis tent laws is sufficient for its pur pose, leaving cases of doubt for ju dicial construction. "In conformity with this opinion the injunction sought by the plain tiff ought to be denied, and it is de creed accordingly." H. IS. Highton for plaintifT. Deputy Attorney General M. F. Prosser and H. E. Cooper for defen-deut. 52 ,& prifr,. K T SUITABLE FOR EVERY DAY PRESENTS FANCY GOODS We have opened a choice lot, such as : Bohemian Glassware Carved Swiss Woodwork Italian Statuettes, Busts, Vases, etc. German Music Boxes " Steins Bronze Goods Japanese Fancy Goods Satstima Ware, Vases, Cloisonne Ware CIGARS A new shipment of the favorites of Hiln smokers just to hand : " La Plonta " El Belmont " Needles, Pcrfcctos, etc. " Crcmo " Call on us and inspect them. H. Hackfeld & Co. LIMITED Waiauueuue Street, Hilo. 1 4 44444444 A &' PLANTERS, ATTENTION! SPECIAL ATTENTION IS CALLED TO THE FACT THAT THE ONLY ORIGINAL AND CELEBRATED A FERTILIZER Is that which has been manufactured for the past fifteen years exclusively by the California Fertilizer Works SAN FRANCISCO, CAL. Whcu purchasing be sure that in addition to the brand the name of the California Fertilizer Works is on every sack, otherwise you will not be getting the genuine article. A large stock of our Diamond A and our XX HIGH-GRADE FERTILIZER Is kept constantly on hand and for sale at San Francisco prices, plus only freight and actual expenses, By Our Hllo Agents, L. TURNER CO, LIMITED Johnny on Tnlus. When asked to write a short composition on some interesting experience, Johnny, after much la bor, handed his teacher the following: "Twins is a baby, only it's dou ble. It usually arrives about 4:37 in the morning when a fellow is getting in his best licks sleepin. Twins is accompanied by excite ment and a doctor. When twins do anything wrong, their mother can't tell which one to lick, so she gives it to both of 'em so as to be sure. We've got twins to our house, and I'd swap 'em enny day fer a billy goat or mos' enny thing." PAY FOR THE BEST IT'S CHEAPEST AND THAT'S TDK CLASS OP WORK P.XF.CUTF.D HY CAMERON THE PLUMBER FRONT ST., Or. SrRECKF.L'3 BLOCK Waiakea Boat House R.A. LUCAS & CO., Prop'rs. WAIAKEA BRIDGE, HILO HAVB NOW A PLKHT OP Gasoline Launches and Small Boats FOR FUHLIC IIIRK BBsent'ers and baccace taken to and from vessels in the harbor at Veasoimlilc rates. Launches and rowboats to hire for private picnics and moonlight rides. RING UP ON TELEPHONE AGKN1S FOR Wolverine Gasoline Engine Self-starter and reversible engine. In practicability it is equal to the steam en gine. Sizes from V2 li. p. upwards. Boats fitted with this engine or frames 01 Rny sire to order. For particulars apply to R. A. LUCAS 'Manager CRESCENT CITY BARBER SHOP CARVALHO BROS., Proprietors. The Old Reliable Stand is still doing UP-TO-DATE WORK Razors honed, Scissors and all edged tools perfectly ground. Satisfac. tion Guaranteed, WAIANUF.NUP. STRKF.T Second Door Above Demosthenes' Cafe WAIAKEA SALOON Wharf Road, Second Door From tjie llridge. Fresh Cooling Primo PINKST BRANDS Wines Liquors Beers SCOTCH AM AMiiKICAN WIIISKIliS mid European Wines Drought and llottled lleer Subscribe for the Tkiuunr Island subscription $ 2.50 a year. A r'5 f ir r i 1 i 'V, i 'I t'X, r: jfrf IfMUHU ''IV,irVlMR.nWl!1PhHP HJ I ' Wfl""-T-" ' ' mmm . mwm'-m-