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a- i . ? V jjf'r , ? (If 1 LJ 7 6 THE WEEKLY HItO TRIBUNE, HILO, HAWAII, TUESDAY, JANUARY 9, 1906. 'u? MA kJ I I"n I Ifc, S .. t ' n 1 ' V K K. . . ' ( h v t"' 8 iLni . Mk w IV I?- "M l IV .,: it ' f.' tev-' 5 SUPERVISORS HAVE PROTRACTED SESSION (Continued from Page Four) case; that prosecution was legal regardtess of the signers of the original charges, and that the board had no formal notice of any withdrawal of names, citing a New York case in support of his posi tion. Mr. Smith insisted upon his ob jection to the authority of the board raised the further objection that the charges contained in resolution were drafted by the deputy county attorney and were not the charges of the voters of Hatnakua, where Deputy Sheriff Rickard held office. Mr. Alalu stated that they were about to try the case upon the original complaint; that general charges of mal-feasance m, or mal administration of office, were suffi cient. President of the board Moir btated that the original complaint was still on file with original sign atures; that more specific charges and all that had been asked by the defendant, had been furnished; that the board wanted defendant to plead and make answer to the charges. Mr. Smith denied the necessity of making answer under the act and said pleading was not con templated by law. His client denied all charges. There was a doubt in reference to the character of the charges. Was he to answer the original charges of those contained in the resolution introduced? It now appeared he was to be tried on the original charges which had been held insufficient before. To the original charges, he plead not guilty. Mr. Aluli held that the trial was to proceed on both the original chargesand the charges .contained in the resolution. Mr. Smith said his client -must know definitely the charges and who was the prosecutor and asked that the position be defined first; he had appeared for trial supposedly on the complaint of 25 voters and now it appeared he was to meet a new complaint drawn np by the deputy clerk, in a resolution containing additional charges. He took the position that the board could sit only as judges of the case iiud could not originate charges nor a.sume the position of prosecutors. He said there had been one such court in Charles I. and he was be headed. Mr. Desha took vigorous excep tions to the latter remark as equally obnoxious with the refer ence to withcraft of the previous session. He stated his attitude was one of fairuess to the defendant. President Moir said the Boar.d was there to act, that those signing the complaint must prosecute, and Rickard had the opportunity to de feud, that the board did not consist of lawyers, but that the intention was to be just and fair. After the evidence was all in, the board would decide the case Mr. Smith objected to proceed ing on various grounds and Mr. Fernandez, for the benefit of all parties, to secure the presence of witnesses, etc., proposed adjourn ment till Saturday. Mr. Woods, and others, who wished postpone ment until next session, yielding. Board of Impeachment adjourned till Saturday and Board of Super visors till Friday morning. FRIDAY rRQCBKDINGS. Called to order at 10 o'clock. Roll called, 6 present, 1 absent; after prayer by Chaplain Kalaiwaa, minutes were read and approved. A communication from County Auditor Maguire was read asking that a commitrec be appointed to consider reform in the method of keeping accounts. As it appeared that the system was cumbersome and unsatisfactory a committee con sisting of Shipman, Moir and Desha, was appointed to consult with the county and territorial auditors in reference to the matter. A request for screen doors, by the sheriff, was referred to police committee. ' Mr. Shipraau raised the question is o finances, and, as lie wished to ask for certain expenditures, Kaina hau requested information and treas urer was instructed to wire the auditor of the territory for informa tion as to time of arrival of the ap portionment for this county. The treasurer's report was read and filed. It showed in detail all receipts and disbursements for the month of December. Balances on hand were; General fund, $8083 02; road fund, $10,463.18; total bal ance, $18,546.20. The report of the police com mittee wa3 read. A recommend ation to pay a claim of $50 for the construction of a telephone line to the house of Deputy Sheriff Baker, of South Konn, called out the' battery of Desha in opposition, on the grounds that the claim had been presented before through other committees and thrown out and because it would be bad precedent. It was admitted by others that the procedure of the deputy was irregu lar but the phone was a public convenience and the item was allowed. Report was adopted, Desha voting "No." The resolution introduced by Desha and tabled on the day previ ous relative to the salaries of police officers, etc., was called up. Mr. Desha explained that the purpose of the resolution was to give the police commission the power to regulate the appointment and pay of police officers; that he had re ceived a piVtition from taxpayers asking for a reduction of the num ber of officers in South Hilo on grounds of economy. Mr Shipman thought the resolution unnecessary and thought the Board had the power already to control by refus ing to allow improper claims. Mr. Kalaiwaa, also, favored allowing the present system to stand. Mr. Desha called attention to some abuses in this department as now conducted. Resolution adopted, four, for; two, against. The committee on internal im provements recommended that the salary of C. B. Lyman remain $55 a month, and salary of D. Ewaliko raised to $40. It disapproved of the allowance of an extra police officer for Olaa, but allowed the raise of M. Coleman's salary to $50 a month, and of E. Kaapuni's to $35 a mouth. It tabled a request of B. H. Brown asking a raise in salary, and recommended asking that the salary of the deputy treas urer be increased to $50. The re port was adopted with the amend ment that C. B. Lyman's salary be $60 a month. A communication introduced by Mr. Fernandez fixing the salaries of all police officers, guards and lunas of prisoners of the County of Hawaii was adopted. Adjourned till afternoon. On coming to order, the resolu tions of the morning relative to the salaries of police officers, etc., was called up for reconsideration and amended, changing the date from January 1 to January 15, 1906. On motion of Fernandez the Board re solved itself into a committee of the whole to take up several matters. Mr. Fernandez was appointed chair man. The petition of 65 voters of North Hilo against the appoint ment of H. P. K. Malulani as cap tain of police for said district was read and placed on file on motion of Mr. Shipman, the case being covered by the resolution adopted affecting the salaries, etc., of police officers. A communication from the sheriff containing a bill of de mands for payment of back services of police officers was read. The point was raised that these police officers had not performed the ser vices for which pay was asked. On motion of Mr. Desha, Deputy Sheriff Richard was called to in form the Board why he had certified the demands. He gave as his ex planation of the reason the recent decision of the supreme court in reference to the power of the Board to appoint police officers. He said he had a communication from the sheriff, also, that the claimants threatened suit. Mr. Moir moved, seconded by Mr. Desha, that pay be allowed for services actua'lly per formed, which was carried. Ayes: Messrs. Desha, Makuakanuc, Moir and Fernandez. Noes: Mr. Kala iwa and Mr. Shipman; absent', Mr. Woods. A communication from the sheriff was then read asking for mileage ticket. Mr. Desha moved thnt such mileage ticket be pur chased. At the suggestion of Mr. Shipman the Deputy County Attor ney was called to give his opinion as to liability df county for expenses of witnesses. Attorney Aluli ap peared and gave it as his opinion that the county could not be held liable for expenses of officers in transporting witnesses. Mr. Moit moved that the transportation asked for be not granted which was car ried, Messrs. Desha and Fernandez voting against. The committee then rose and reported, which re port was adopted, Messrs. Kalaiwa and Shipman voting against. The Board then passed a motion directing the auditor and treasurer to notify the Board immediately after their refusal to pay any claim duly passed and certified to, giving their reasons therefor. Adjourned until Satin day at 9:00 a. m. IMPEACHMENT PROCEEDINGS, SAT URDAY. ' The Board convened Saturday morning pursuant to adjournment, as a board of impeachment of Wm. J. Rickard, deputy sheriff of the district of Hamakua. R. A. Lyman, Sr., acted as interpreter and the official stenographer was on hand. Witnesses were excluded end examination of witness for the prosecution began. Judge Hall was called, was queS' tioned by Attorney Aluli and stated that he remembered the case of the Territory vs. Haeni before him. He testified that Rickard was 15 or 20 minutes late in arriving at court, and then appeared and asked for a continuation of the case, which was granted; that Rickard had been drinking, but was not drunk nor incapacitated from performing his duties; that there was a case in December when he could not be found tp make an arrest; did not know the reason. Cross questioned by Attorney Smith he said that two attorneys bad been appointed as counsel to assist in the Haeni case, and that they were both present; that there was nothing unusual in the case; that defendant was often a few minutes late. Captain of police, M. J. de Coito was called. Stated that he had held his position under Deputy Sheriff Rickard since August. He was asked to tell all he knew about the case, which he proceeded to do under all of its heads, inside and outside, and in his anxiety to tell, Interpreter Lyman was kept busy and the Captain's impetuosity had to be restrained by numerous inter ruptions by Attprney Smith and callings-down by President Moir He told all sorts of bad things about defendant; that he had held warrants sometimes in important cases, unserved, while he spent his time in saloons; that he appeared in court in the Haeni case so drunk that he could hardly walk and had to lean on judge's desk to read and afterwards went to a saloon, that he knew this because he himself went to the saloon with him, as far as the door. In the Nobriga case he had positive knowledge of Rick ard's refusal to issue warrant for arrest on proper request. In regard to the charges of re fusal to arrest parties engaged in the illegal sale of liquor, he stated that he went to Paauilo, where he had heard illegal selling of liquor was going on, and there found the deputy sheriff with two women playing cards; he had reason to suppose, gambliug; that he was supplied there with beer himself, which he did to demonstrate to the deputy sheriff that liquor was sold there. President Moir asktd him what was his duty, if he could not make arrests? His answer was that he did not care to do so without in structions from the deputy sheriff. Attorney Smith in cross-questioning askid him if be did not know it was his duty as a citizen to try to bring to punishment offenders against the lav; as an officer, to arrest such offenders, and even his superior officer, if such officer were breaking law; to all of which he assented. He had reported these cases of illicit selling of liquor to the deputy sheriff; the deputy had told him to wait and sec who won out on the case before the supreme court. In answer to questions by Mr. Smith, witness said that de fendant was usually under the in fluence of liquor; did not do much else but drink; whereupon Mr Smith asked him how he explained the fact that 64 of the best citizens of Hatnakua, in a petition risked for the retention of defendant in office, mentioning a number by name. Various reasons were suggested by the witness as explaining why these individuals signed the petition; some of the signers, he said, were plantation maungers, or in their em ploy, or were influenced by rac prejudice. He admitted that lie had himself circulated the charges agajmst witness. . The afternoon was taken up with the examination of two witnesses, W. Heeb and F. M. Furtado, of Hamakua. The former, engaged in the saloon business, knew of the illegal selling of liquor; had bought it himself and had informed the defendant of such illegal selling. He was not able to tell when or where or the names of the guilty parties. His apparent failure to remember much of anything, due, perhaps, to a failure to fully under stand the questions asked, aroused the vigorous protest of Attorney Smith that the court was being held in contempt by his wilful re fusal to answer. Mr. Furtado, an attorney, was then called. He testified as to the charge of drunkenness, that he had found the defendant intoxicated and had tied him to a bed to make an exhibition of him. In the in stance of the Haeni case, testified that the defendant was greatly under the influence of liquor. Wit ness knew nothing of the Nobriga incident. He had knowledge of the illicit selling of liquor, but re fused to give detailed information, standing on bis professional privi lege as an attorney. In reply to an interrogation by Fernandez, witiiess said defendant's conduct of the Office was worse beyond comparison .'than that of his predecessor. Cross-questioned by Attorney Smith on this, point, witness refused flatly to be questioned by Smith, at which point the scene reached a climax and it looked as if witness was go ing to be ruled guilty of contempt of court. The Board finally de cided after some discussion that witness must answer certain of the questions. Little new information was extracted from the witness. Deputy County Attorney Aluli stated that two witnesses summoned had not yet arrived and the board of impeachment adjourned till Mon day at 9 a. m. The Board of Supervisors was called to order. A communication from G. W. A. Hapai, District Magistrate, S. Hilo, was read, ask ing, on account of the reduction in the police force, that the Board ap propriate money to pay for a district court officer to work with police force when court is not in session. It also made suggestions in refer ence to paying the railroad fares of witnesses. A petition signed by thirty citi zen tax payers of Hilo asking for an appropriation of sufficient funds to build and repair the road be tween Kukuaii and Puna-Nawai, in bad condition was re ferred to the supervisors of South Hilo. The special committee, ap pointed to consider the matter of changing the system of keeping the auditor's books, reported that the ptoposed changes appeared advis able and recommended that they be made after conferring with the ter ritorial auditor. The police committee reported favorably to application of sheriff for screen doors. Adjourned till Monday morning. MONDAY PROCEEDINGS. The Board of Impeachment con vened pursuant to adjournment at 9 a. m. Monday and proceeded with the business in hand. Kni nulama, of Hamakua, whose child bad been injured by an air gun in the bauds of a Japanese, testified for the prosecution, that the de- ' rtiilnttf linrl fa(tnl 1a irtnaan m mm icuuuui iiuu iuiucu iu isaui: u will rant for arrest in the case. At the conclusion of his testimony, Attor ney Smith interposed a motion to I dismiss the case on the grounds of insufficiency of evidence to convict, which was carried, Messrs. Ship man and Moir dissenting. Ad journed. Board of Supervisors convened and finished up the business of the session. A resolution introduced by Mr. Shipman was adopted or dering $5,000 transferred from the general fund to the credit of the road funds of the various districts, iu accordance with the table of per centages now in force. An Honest Company. It is a great deal of satisfaction to be able to point out the fact that no suggestion of mismanagement of funds made by the press has the slightest foundation iu the case of one at least of the big insurance companies. The following article is taken from the Newark (M. J.) Advertiser: "The testimony voluntarily given to the insurance investigating com mittee in New York by Senator Dryden lately, as president of the Prudential Life Insurance Com pany, made a favorable contrast to that which was extorted from the presidents of the New York insur ance companies on the same stand. The only po.int brought out in con nection with the company's affairs not a matter of common knowledge was that of the company's cam paign contributions, which were limited to three Presidential con tests, and were comparatively small in amount. "The financial issue before the country and the involvement of the interests of hundreds of thousands of policy holders offer a reason, not political partisan, for these contri butions. There have been none made to State campaign funds, and the testimony is that none of the funds of the company has ever been devoted to lobby uses in the forty States in which the company does business. The company has never been interested in any syndi cate, aud no officers of the company had received commissions on insur ance. The salaries, of the highest officers average about one-half the amounts received by the officials of the New York insurance companies, while the aggregate of official salaries paid hardly bear compari son. "The testimony given recently by the company's actuary was practically a transcript from the company's books. It showed aggre gate figures that enlightened and perhaps astonished many people as t) the extent of the business and the range of operations of this colossal Newark institution, which ;rew from the smallest beginnings to its present mammoth proportions in a few years chiefly through the genius of its creator and present president." Improving Facilities. The following item from a Louisiana paper will be of interest from the fact that the Trouard loaders are about to be given a trial here. The Waiakea Mill Co. has secured one for this purpose and if satisfactory will employ others: "The sugar campaign at Mrs. D. A. Mllliken's Waterford plantation, in St. Charles parish, is progres sing most favorably. The mill will now receive 350 tons daily from the plantation, all being loaded on carts with two Trouard loaders, which are reported to be doing this fine work with a consistency prov ing true all claims made for the loader." , Miss Wiihelmine Joebnkc, of Oregon, has been engaged by the board of directors of the public schools of New York City to deliver a series-of illustrated lectures on the Hawaiian Islands in various schools of the great city. Miss Joehnke lived two years in the islands, and on her return went to Chicago, where she graduated with honors from the University of Chicago last June". Since her graduation she has been traveling as correspondent for New York papers in the South and Southwest, and while on her travels delivered lectures. HI 1 Subscribe for the Tribune Islaud subscription $2.50 a yeat. Good appetite, good digestion, refreshing sleep these oro esaontial to good health; and the following testimonial shows how they were obtained by using Ayer's Sarsaparilla "Sit years ago I had an attack of Indl- ?;ostlon and liver complaint that lasted or weeks. I was unable to do any hard W 7 ' work, had no appetite, food distressed me, and I suffered much from headache. Vr kin was sallow, and sleep did not refresh me. I tried several remedies without obtaining any relief. Finally, one of my customers recommended Ayer's Sarsapa rilla. It helped me from the first in fact, after taking six bottles I was com pletely cured, and could eat anything and sleep like a child." There are many imitation Sar3aparillas. Be sure you get "AYER'S." PftprtdbjDr.J.C.AjcfCo.,Uwll,Mu.,U.S.A. Aran's nixs, th tit fmiij Uiut. For Sale by HlLO DRUG COMPANY! Hilo Railroad Co. Short Route to Volcano TIME TABLE Iu effect July 1, 1905. Passenger Trains, Except Sunday. 8 A.M 10 r.tt. 5'-45 540 5:35 5:i5 4:55 4-45 45 4 P.M. 5:15 5:11 4:56 4:50 4:35 4:a3 4:03 STATIONS lv Hilo.... ar.... Waiakea. ar...01aa Mill. .ar .ar 9-o 9:35 .ar ar ,.ar -ar ,.lv 9:30 9:15 ar Keaau.., ar... Ferndale . ar-Mount. V ar.. Glenwood. 9:00 8:50 oyo a A.M. 10:48 10:44 10:38 10:33 10:06 9:55 9:35 SUNDAY: lv Hilo ar ar.... Waiakea ...a ar.. .Olaa Mill, ..ar ar Keaau. .ar ar... Ferndale. ..ar ar..Mouut, V'w-ar ar-. GleoTfood.lv FOR PUNA: The trains of this Company between Hilo and Puna will be run as follows: WEDNESDAY: Leave Hilo Station, by way of Rail road Wharf, for Olaa and Puna, upon the arrival of the Steamship Kiuau, running through to Puna and stopping at Pabo. both going and returning. 7 9 KM. P.M. 7:00 2:30 T-05 2:35 7:3a 2:53 7:30 3:15 7:46 3:30 8:00 3:55 8:30 4:15 1 3 km. r.M. 8:00 3:30 8:06 3:36 8:35 3:55 8:33 3:03 8:49 3:19 9:03 3:3s 95 3'5S 14 A.M. 9:55 9:50 9:30 QUO 842 8:30 7:3$ 6 r.M. 4:40 4:35 4:15 3:47 3.35 3:00 FRIDAY: lv Hilo ar ar.R. R. Wharf.ar ar.... Waiakea.. ,.ar ar...01aa Mill...ar arPalioa Junc.ar ar...M PaUoa .....ar ar Puna lv SUNDAY: lv Hilo ar ar.. .. Waiakea. ..ar ar...01aa Mill...ar ar..Pahoa June ar...M.l'anoa.M...ar ar Puna lv Excursion tickets between all points are sold on Saturdays and Sundays, good returning, until the following Monday noon. Commutation tickets, good for twenty five rides between any two points, and thousand mile tickets are sold at verf low rates. D. E. METZGER, Superintendent. For Elegant Society Stationery Invitations Programs Announcements Call at Tribune Office 1m.umaiMMi1tMMimu.ua 13 A.M. 6:0O M "e'-oS .7.7.7.'! 6:a8 6:58 MKIIII 7:30 M 5 A.M 9:00 m 9:06 9:35 9:50 - lOIJO m ALL KIND3 OP RUBBER GOODS GOODYEAR RUBBER CO. R. II. PEASE, President. SAN FRANCISCO, CAI, U. S, A, 1 1'' ''U. fi , 7 4-t f to ti& 'frtrt ' ' -f tt ( . juHH hUi " v : 5 .