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TIIR WlvKKLV IttU) TRIHUNK, 1UW, HAWAII, TUKSDAY, AUGUR1! 15, i9o5.
I i 1 ' i ' 1 i. 1 . '" 8 Mp The ClubmanNw r As well as fhe Professional man B f Bu5iness Man and Artisan UPmMO IA0EKJ LjSold in bottle and keg Virounout DEMOSTHENES' CAFE r 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 m W P 1 Don't Shy At Beer as a beverage because some people misuse it. There is more genuine merit as a tonic, as a blood maker in a good beer than you may have supposed. One trial of good beer will convince you, especially if it's Rainier beer Doctors prescribe it because it is made right out of the very best materials. You'll like it. RAINIER BOTTILNG WORKS AGENTS, HONOLULU OUR BRANDS OF. TOBACCOS ARE: "Sealskin" ,fD- 1 23 Oz. Packages Five packages gratis in each carton. 1 "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. II. DAVIES & CO. Ltd. INSURE YOUR PROPERTY... In a Reliable Insurance Company Wo aro tho Resident Agonts for tho Phoenix of Hartford, Conn, and Svea of Gothenburg, Sweeden H. HACKFELD & COMPANY, Ltd. LA IIU It LAW INVALID. Ilrcckons IIoIiIh Lnn II01111I. Unrniislltu- In an opinion delivered on the Hawaii Shinpo United Slntcs Dis trict attorney Dreckons shows that the Territory lnw excluding Japan ese from public works is unconsti tutional. This opinion in full is as follows: In inv opinion, the law in ques tion is invalid and the courts will not eulorce the same. My reasons for this opinion are as follows: The fourteenth amendment to the Constitution of the United States provides among other things as follows: "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of the law, nor deny to any person within the jurisdiction the equal protection of the laws." This provision is also enforced by legislation enacted by Congress, being Sec. 1977, Revised Statutes of the United States, which is as follows: "All persons within the jurisdic tion of the United States shall have the same right in every State and Territory to make and enforce con tracts, to sue, be parties, give evi dence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white cit izens, and shall be subject to like punishment, pains, penalties, taxes, licences, and exactions of every kind, and to no other." The latter part of the amendment above quoted "nor deny to any person within its jurisdiction the equal protection of the laws" has in every instance in which it has been before the courts, been held to cover the case of all persons, whether cit izens or alieins, residing within the jurisdiction; hence all aliens, residing within the Territory of Hawaii, are protected by the clause. The law of the Territory of Ha waii, referred to, certainly discrimi nates between persons resident with in the Territory. By its terms all persons are not equally entitled to acquire and enjoy property. By its terms, impediments are interposed to the pursuits of some which are not applied to the same pursuits by the others. The constitutional amendment has been applied by the Federal and State courts in a variety of cases, many of them, to my way of thiuk ing, involving the same principal as is involved in this question under consideration. The Territorial Act in as palpably aimed at the Japanese and Chinese labor, as though it had said so in as many words. It is known that a very large percentage of laborers 111 the Territory are either Japanese or Chinese. Under the laws of the United States neither Chinese nor Japanese can become naturalized; they are not eligible to American citizenship. The act, therefore, might just as well have said that every body but Japaneses and Chi nese might be employed on public works, irrespectively of their citi zenship. Should the law be held valid, practically the only persons who could be prohibited by its pro visions from being employed in pub lic works would be Chinese and Ja panese. I am not prepared to say what my opinion would be as to the vali dity of a law preventing all aliens from engaging in public work. The question does not appear to have been flatly decided by any court. although in one very recent case the Supreme Court of the United States, while refusing to pass on the question, intimated that it was a very serious one. Aside from the constitutional ques tion, there is in my judgment an- j other reason why the Act should be delared void. By a treaty between the United btates and Japan, ratified in 1895, was provided as follows: "The citizens and subjects of each of the high contractus parties shall have full liberty to enter, tra vel or reside in any part of the ter ritories of the other contracting party, and shall enjoy the full and protection for their persons and property. "In whatever relates to the rights of residence and travel; to the pos session of goods and effects of any kind; to the succession to personal estate by will or otherwise, and the disposal of property of any sort, and in anv manner whatsoever. which he may lawfully acquire; the citizens or subjects of each contract ing party shall enjoy in the terri tories ot the other the same privi leges, liberties and rights, and shall be subject to no higher imposts, or charges in these respects than na tive citizens or subjects, or citizens or subjects of the most favored na tion. "They will not be compelled un der any pretext whatsoever to pay any charges or taxes other or high er than those that are, or may be paid by native citizens or subjects, or citizens or subjects of the most favored nation." The provisions quoted, and others in the treaty, are in my jugment opposed to the provisions of the territorial law. The law of the teiritory in ques tion, as I have already said, dis tinguishes clearly between subjects of other countries and those of Jap an and China, and for this reason is void as being in conflict with the treaty referred to. Very respectfully, R. W. BRECKONS. Hawaii Shinpo. Politeness. The N s have a summer cottage in an unfrequented spot along the shore. On hot summers, when they are alone, Mr. N allows his son aged three to go into the water without the formality of a bathing- suit. One such afternoon reecntlv a party of young ladies arrived unexpectedly, and were comfortably settled on the wide verander when young Richard calmly ascended the steps, clad only in unsuspocting in nocence and a huge straw hat. For an instant absolute silence reigned, then the boy's big brother said sternly: "Richard, remove your hat in the presence of ladies." When some men fail to make a hit they try to blame it on the hammer. I'romlucnt West India Morchnnt Cures Ills UnuEliter or'u Tin-cut- oncil Attack or L'liQumoulii. "Some time ago my daughter caught a severe cold. She com plained of pains in her chest and had a bad cough. I gave her Chamberlain's Cough Remedy according to directions and in two days she was well and able to go to school. I have used this remedv in ray family for the past seven years and have never known it to fail," says James Preudergast, mer chant, Annato Bay, Jamaica, West India Islands. For sale by Hilo Drug Co. 5 For a Good Smoke Ask for the Blue Teal Cigar H. Hackfeld & Co. LIMITED Distributors Waiamiciiue Street, Hilo. 7 4 ; t 4 t I ,4 f 4 '4 4- 4' 4 4 4 4' 4- 4' 4' 4 S3 PLANTERS, ATTENTION! SPECIAL ATTENTION IS CALLED TO THE FACT THAT THE ONLY ORIGINAL AND CELEBRATED A FERTILIZER ( THE n Is that which has been manufactnrrvl fnt- ti,o , cc. years exclusively b' 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. 1 A large stock of our Diamond A and our XX HICH-GRADE FERTILIZER Is kept constantly on hand and for sale at San Francisco prices, plus only freight and actual expenses, By Our Hilo Agonts, N L. TURNER CO, LIMITED WIRELESS lwLl,Sse WAIAKEA SALOON GIVES UNEXCELLED SERVICE Prompt Delivery and Accuracy Guaranteed FOIl KATHS, BLANKS, 1JTC. Al'1'I.Y TO E. E. RICHARDS AGHNT INTF.IWSLAND TKI.K- UKAl'll (JU., 1111,0. WAIAKEA URinGK. HILO j IIAVF. NOW A FI.I5F.T 01' j Gasoline Launches j and Small Boats j FOR 1'UllI.IC HIRR 1 I assentjers mid Immune taken to niul from vessels in the harbor at rensonaWe (rates. I.nunches and rowhouts to hire lor private picnics and moonlight riiles. RING UP ON TEUSPIIONIS AGHNl'S FOR. Wolverine Gasoline Engine Self-starter and reversible engine. In practicability it is equal to the steam en Kine. Sles front h. p. upwards. Hoats fitted with this engine or frames 01 any sUe to order. For particulars apply l K. A. MICAS 'Manager I 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, WAIANUUNUi; STRICF.T Secoud Door Above Ueuioslheued' Cufc Wharf Road, Second Door From the Iliidge. Fresh Cooling Primo FINHST BRANDS Wines Liquors Beers SCOTCH AND AMERICAN WHISKIES and European Wines Draught and Bottled Beer Subscribe for til scriptiou 2.50 a year, e 1 KIHUNK- Sub I .1 t