Newspaper Page Text
8t , ,
liQHGLULU CnRHlAOE CO.
Hack stand: Merchant ami Fort
struct. Telephones, !3.'lo.
T XI 13
TUESDAY, OCT. 0, 1888.
Stinr Mlknhahi for Kauai at 5 p hi
.Slinr Klumi for MUo anil way purls at
1 p in
Stnir W G Hall for Luhalnn, JIaaluca,
ICoua. Kau and the Volcano at 10
o'clock a m
Stmr Wulatcalo for for Kauai at fi p m
VESSELS LEAVING TO-MORROW.
Stinr Jus Makee for Knp.iu
Ugtno YV O liwln for San Kraneisco
For Maul, per -lenincr LikellUe, Oct
S Mi s A. Hatha, child and inn so, 311ss
M liuokle. VnbG Wll er, Mnslor H
TVijr,lit. .Mis'- liiiuuUtcr, Mrs .Meyer, Mrs
Melirtens, O Unnn. Mrs K ,M blinpMiii.
K 1) Wullnhlgo, J Kothwell, 31r 1'cdlcr,
and about 00 d ck.
For Maul and l law all, per steamer W
G Hull, Oei'.l-Dunlel Kotcr, C 1 Wil
(.on, W V Wilson, S Hoover, W ller
liek, "Win Hiding, Mi- Coney, Itobcrt
Parker. (Jol S Muni, o liuard, 1") Kn
hanu. E O Itobiits and 7.1 deck.
LOCAL & GENERAL HEWS.
A ltousi: has been lost.
A htoiim id picdicted bcfoio mutn-
For Tuesday, business was exceed
ingly dull to-day.
CiMi:r .Iiihtiec .Ttidd presides at
Ghamberb this week.
Hon'. A. S. Cleghutu visited II. M.
S. Cotnior.inl at noon to-day.
Tun Auhli.ilia is leaving Sau Fran
cisco this afternoon for Honolulu.
Tin: wiitlen opinion of the Judges
in the jury challenge appears in this
Unit Majesty the Queen has been
indisposed the past two weeks, but is
now much better.
Prospects of a baseball match be
tween a team fiom the U. S. S. Alert
and a local team.
II. II. II. l'iuxci:&.s Liliuokal.ini is
making preparations to hold u fair in
J mutiny of next year.
A Chinaman plaing a tiute attract
ed an audience of kanakas on Bere
lania street last evening.
IJn sine and get a. copy of the Bul
i.nriN' Weekly Summaiy, out to-day.
It is full of local and other news.
Eioht students were in attendance
at the opening of the North Pacific
Missionary Institute, Monday morn
ing. A ijtti.i: child fell out of a caniage
this morning in ftonl of the "At cade"
and had a nanow escape from being
Mk. .Shaw who met with an accident
at Waialua telurned home last even
ing, his aim in a tling. He will be
all tight in a day or so.
Tin: King will not visit the Mel
bourne exhibition. The resignation
of the chamberlain has intoj fei ed with
His Majesty's arrangements.
J. Hki.ki.uiik has been appointed
(collector of tents for II. It. II. Prin
cess Liliuokalani, and publishes a
notice legaiding the same in another
Aiti:u the temperance meeting in
Ilrewer's.block Sattuday night, the
Jive speakers weio imited to partake
of ice cream and cake by the pto
prictors of the Elite.
A si'i:ciAii meeting or the stock
holders of the Mutual Telephone
Company will bo held to-ntonow
morniuK at 10 o'clock, at the Com
pany's building. Business: Altera
tion of the by-laws.
Gkk.vt inipiovements ate heinu
made to the grounds of St Andrew'b
Cathedral. New gates and a fence
are being built at the Kinnm stieot
entiance, and the old Cathedral
building has received a coat of now
The examination of the ten can
didates for tho bar in the Supreme
Court yostertlay, resulted in four
only passing the test. These ore
Isaao D. Iaea, Sol. Naawao, J. G.
Hoapili and Jos. A. Akinu, all of
whom have received inferior li
censes. S, M. Kaaukai, was ex
amined for a ftiJl licenso and order
ed to appear again hcfoio the Court
on Wednesday, for further examin
ation. A MUSICAL FRENCHMAN.
A black looking "Madagascar
Frenchman" as Judge Dayton calls
him, was up in tho Police Coutt this
morning charged with drunkenness.
He was at rested along with a mu
sical instrument known as an auto
harp. At noon to-day the Court
was about taking a recess when Judge
Dayton felt musically inclined and
began to examine the instrument.
It ended in tho Frenchman being
called from the dock and requested
to play for the Judge's benefit, lie
played a few chords so perfectly
that it is ptobablo when tho case
comes up the Judge will fine the in
strument and let the Frenchman go.
EVENTS THIS EVEHIN0.
Drill Co. B. Honolulu Rifled, at
Excelsior Lodge No. t 1. O. 0.
P at 7 '10
'Court Lu'nalilo, No. GGOO A. 0.
Foresters, nt 7:30.
George W. DeLong Post, No. 45
G. A. 1?., tegular meeting nt 7: So.
-ji-"" i '
AUCTION SALES TO-MORROW.
ny l. j. i,i:vf.y.
At 10 a. tn. at. the storo of A. M.
llcwett. Merchant street, when will
bo offered a stock of new stationery.
This wilt be n rare opportunity for
Next Tuesday October lGth, will
be the thirteenth anniveisary of tho
birth of II. U. II. the Princess Ka
ittlani. A reception will he held on
that day between tho hour3 of 2 and
G o'clock p. in., at the residence of
Hon. A. S. Cleghorn, father of the
princess. The Royal Hawaiian hand
will be in attendance, and all friends
of the little princess and her father
will be welcomed.
OPIUM IN POSSESSION.
Scarcely a day passes but what
there is an arrest for violation of
the opium laws, principally among
the Chinese. Last night Captain
Hopkins and a native police otllcer
raided tho Chincso Theatre at the
old Custom house and arrested three
Chinese, and took them to the Sta
tion House where they stand charg
ed with having opium in possession.
THE HAWAIIAN BAND.
The vacation of the members of
the Royal Hawaiian Band ends on
Saturday, and on Monday, they
will report for duty. In the even
ing a concert will be given at Emma
Square, when the band will be
warmly welcomed. On Tuesday
afternoon it plays at Waikiki, at the
residence of Hon. A. S. Cleghorn,
the occasion being the thirteenth
anniversary of the birtli of the
Princess Kaiulani. Wednesday
evening a moonlight concert will be
given at Thomas Square.
UUKOllE B'CKUUTON J.
Monday, Oct. 8th.
Kain Chan Bow vs. Wailania.
Assumpsit, S8i").2d. Plaintiff's ap
peal from the Honolulu Police Coutt,
where on August ii, 1888, judgment
was rendered for the defendant lor
SG.G5 and costs $1.50, making $11.
15. Judgment for plaintilf for
$10.:3;. W. C. Achi for plaintiff;
F. M. Hatch for defendant.
SUPREME COURT OF THE HAWAIIAN
ISLANDS OCTOBER TERM.
iu:foui; ji'cuixy j.
Monday, Oct. 8th.
Lorrin A. Thurston, Minister of
Interior, vs. James Keau. Assump
sit, two notes amounting to S'J2;i.
On motion of plaintiff ,dcfault order
ed entered. A. P. Peterson for
plaintiff; no appearance of or for
A. M. Kahanauui vs. B. II. Kaha
nanui. Petition for divorce. Plain
tiff's petition and affidavit for order
of payment of witness fees, etc.
Partly heard and continued. C.
Cieighlon for plaintiff ; A. Rosa for
Ti'1-.sday, Oct. !)th.
The King vs. Manuel do Rego
and Mary Ann Madeira. Fornica
tion at Koloa, Kauai, on or about
Oct. 5, 1887. Defendant (de Re
go's) appeal from Police Couit,
Honolulu, where on July 17, 1888,
he was sentenced to two months' im
prisonment at hard labor and pay
costs $2.50. Decision reserved on
1st upon plea of jurisdiction of
lower Court argued then. Plea as
to jurisdiction overruled, oral deci
sion. Deputy Attorney-General A.
P. Peterson and W. O. Smith for
Crown ; V. V. Ashford for defend
ant de Rego.
The King vs. Kaoaka and Mnhe
lona. Larceny. Defendant's Ma
helona appeal from Police Court,
Honolulu, where on Sept. 18, 1888,
he was found guilty and sentenced
to six mouths imprisonment at hard
labor, and pay a line of 815 and
costs $1.50. Appeal argued on 3rd
iust. in Banco and submitted. The
Couit reads conclusion of written
decision tiled this dale dismissing
appeal. Deputy Attorney-Geneinl
A. P. Peterson for Crown ; A. Rosa
for defendant Mnhclona.
The King vs. Kahele k. Extor
tion, second degree. Defendant
committed on Sept. !, 1888, by
Police Justice of Honolulu to this
Court and October term for tiial,
was arraigned on an indictment Oct.
o, 1888, and pleaded not guilty.
Continued fiom tho 8th iiist. Being
tried before a Jlawaiian Jury, noon
recess taken. Deputy Attoruey
Gcucral A. P. Peterson and V. V.
Ashford for Crown ; J. L. Kaulukoii
and S. K. Kaco for defendant.
Tur.siuy, Oct. 9.
Five drunks had each to pay $f
and SI costs,
Three Chinese for having opium
in possession were remanded to the
Meo Hiii and Ah Look were
charged with abs;uit and battery on
olllee'rs of Hoard of Health. Ah
Look was found not guilty and dis
charged. The other defendant was
remanded to tho UJlh for judgment.
ME JURY CHALUHCIE.
in tUNon r.iifoiin rvt.1. wwtt,
The King vs. Kahele.
Opinion of the Court In Jmhl C.J,
The Attorney-General moves to
quash Ihc array or panel of jurorn
lor the term on the ground that the
Act approved on the L'Gth day of
August, 188S, devolved the duty of
selecting the list of llfty persons to
serve as jurors and from which the
panel is drawn (therefore performed
by the governor in concert with a
judge of a coutt of record) upon the
"chief clerk of the Supreme Court."
The Clerk of the Supreme Court was
absent from the kingdom on the 8th
September last, the date when tho
list was by law to be made up, and
this woik was donu by the deputy
cleik who signed hini'oclf "Henry
Smith, deputy clerk, acting chief
clerk in the absence of William Fos
The Act of 2!)th August, 1881,
(Chapter -12 of the Session Laws of
that year) en.u-ted that the Deputy
Clerk ami tho second Deputy Clerk
shall have "all other powers and
duties pci tinning to the ofllcc of the
Clerk of the Supreme Court or ne
cessary for the transaction of the
business of said Court, subject to
the direction ot the Cleik of tho Su
preme Couit and the apptovalof
the Justices thereof." Under this
statute the two deputy clerks can
pertorni any duty which the law im
poses upon the cl'-rk, concurrently
with the cleik. I3ut the Act of 18NS
in distinguishing the clerk who is to
perlorin the duty of selecting the
list of jurors as the chief clerk indi
cates that the Legislatuie did not
intend that this inaction should he
executed by the other clerks con
currently with the Clerk. This be
ing inconsistent with the Act of
18b I is a icpeal of it to this extent.
Hut the Civil Code, Section 8G7,
prescribes that in case of the ab
sence or death of tho Clerk his de
puty shall act as clerk, etc. It was
not necessary to re-enact thia pro
vision of law in the Act of 1888, for
it was not repealed by the Act of
1881, although it was made unne
cessary, for if the deputies can per
form any duty winch devolves upon
the Clerk when he is present, they
can perform" these duties when he is
But although the use of the title
"Chief Clerk" indicates that he and
not his deputies is to perform this
paiticular duty when a clerk is in
commission and present for duty, it
is too violent an assumption to say
that the Legislature did not have in
view the very necessary statute of
long staudinir which contemplated
the probablo contingencies of death
or ab.-once of this important otllcer
and pioudcd for llieiu by designat
ing Hie person by whom these du
ties could be perlormed if such con
tingencies should arise.
It the Legislature intended that
only the Cleik of the Supreme
Court and not the deputy clerks in
case of his death or absence from
whatever cause could legally dis
charge the ilitly of preparing the
list of jurors, it could have express
ed this intention in words admitting
of no doubt. But it lias not done
Ko statute other than that of
1888 names the clerk as the "Chiei"
Clerk. This statute however does
and we are bound to give eli'ect to
cveiy word of it statute if it is pos
sible so to do. We give foicc and
effect to the word "chief" by the
interpretation thus put upon it.
The list of jurois under consider
ation having beecn ptepaied by the
Deputy Lleik in the absence of the
Cleik, in concert with a Justice of a
Couit of Record, it is according to
law and the motion is oven tiled.
A. F. JtJiii),
R. F. BlCKI'.K'lON,
S. B. Doli:.
opinion or Jin. jusTict: m'otjm.y.
t must be considered that the
phrase "the Chief Cleik of the Su
preme Court" designates the ofllcer
who is elsewheie in tho statutes
named the Cleik of the Supreme
Court. This ofllcc was established
and the duties of the olllcer pre
scribed, by Aiticle xxxiv of the
Civil Code "Of the Clerk of the
Supreme Couit," including sections
8(i0 to SG'J, Compiled Laws, page
tM5. Section 805 pi ovules that "if
necessary the justices may employ
a deputy clerk to assist said clerk in
keeping up his iccoids and in the
dischaige of his other duties," and
section 8G7 provides that "in case
of the death or absence of the clerk
his deputy shall act as cleik."
In the earlier years of the Couit,
the clerk teipiiiing assistance, a
person was employed on the footing
above pt escribed, and business in
creasing he was retained as a per
manency. His duties weiu confined
to attending judges in piob.tle and
keeping prubate rcionU. lie signed
his inline as "Assistant Clerk." lie
was at a later period directed
to sign as "Deputy Clerk." lie
was appointed by the Justices of
the Court and not by tho Cleik and
did njil sign the Clerk's mums. In
the course of time it grew to bo the
practice that ho should administer
oaths and perfoim somo other duties
of the clerk without regard to tho
"cuso pf ubienco." A few years
ago a bccoud assistant or deputy
was required and nil. appointed and
commissioned a, si.th by tho Jus
tices, and ho exi idscd tuauy of the
functions of ,i chirk. Without in
liendinjj to tljiow doubt upon the
validity ol aiU dope I y these de
puty cleikh, tt may bo said that jt
seemed qllllo desirable Id place
their appointment and their powers
upon explicit statute. Chapter -12
til the Acts of 1881 i "An Act to
provide for the appointment of a
Deputy Cleik and Second Deputy
Clerk of tho Supreme Court and lo
prescribe the powers and duties of
said clerks." By this Act the
clerks so appointed arc empowered
lo issue process, administer oaths,
take depositions, assess damages on
defaults, etc., and to have all other
powers and perform the duties per
taining to the olllee of the Clerk of
the Supreme Court or necessary for
the twuisactiou of the business of
said Court. Tho exercise of these
powers is not made dependent on
the absence of the clerk.
In my view tho statute of 1881
supersedes the provisions relating
to a deputy clerk of the Civil Code
in the sections cited above. One
effect of it is to repeal the provision
requiring the absence of the Clerk
in order to empower the deputy to
perform the Clerk's statute duties.
The deputy clerks, "subject to the
diieclion of the Clerk and the ap
proval of the Justices" as a matter
of order and subordination, are
legally competent at all times to
oxecuto the duties of the Clerk. It
is an original power not deputed to
them by the Clerk.
The statute under consideration
now imposes a new duty upon the
Cleik of the Court, styling him the
Chief Cleik. The contention of tho
Attorney-General is that the use of
the word chief limits the function to
the olllcer who is designated, in or
der that the word have some effect.
I am of opinion tiiat the Legis
latuie did intend to vest this power
in the Clerk and not in the deputies,
but in my view the intention has not
been expressed in words which con
trol, and exclude the operation of
the statute of 1881. There are no
words of limitation to tho Clerk and
prohibiting the deputies, for calling
the Clerk the Chief Clerk does not
exclude the deputies from any
powers they possessed by a general
statute, and they are therefore em
powered to perform this duty of the
Holding with the opinion of the
Court that the list was legally drawn
by the first deputy and overruling
the challenge to the array, I only
differ, very respectfully, in the view
that the legality of the act depends
upon the absence of the Clerk, and
that there is any legal obligation
that he alone must perform this
function when he is present.
I concern in the foregoing opinion.
Attorney-General Ashford for the
Crown, A. S. Hartwcll, W. O.
Smith and C. Brown, per contra.
Honolulu, Oct. 8, 1888:
tM& . i or 3 Comfortably Fur.
jftSjs. (S55 i- nisliwl Rooms at S'2 per
3aa week. Also, 1 Ele.antly Fur
nWlieil Itonm suitiihle for two young
men. Apply No. 8 Union street. 00 lw
WILL. Iiu received by W. 0 Smith,
Tinslce, up to SATURDAY
NEXT, October JStli. at 12 o'clock noon,
for the supply of Fresh Meat for the
fjiinalilo Hume for 1 venr, from Nov.
ember 1. 1S83.
The Trustees do not bind themselves
to accept tho lowest t any tender.
For further particulars imply to W.
E. II. Dcvcrell, at Lunalilo H mc.
W. O. SMITH,
IIuuolulu, Oct 8, 188a. C(! lw
Whose "ad" is it? Why,
Who has opentd a
Coffee Saloon, on Hotel Street.
tiyCoiueand try his Coffee, etc -a
PER "W. S. BOWNE."
Hay, Grain, Full & Flonr.
Hard Brick & Lime !
FOR SALE CHEAP BY
J. F. COLBURN & CO.,
fiH Queen Street. lw
"Win. O. Atwatcr,
Grant Marriage Licenses.
Ollice, : Honolulu Iron Works Co.
Best Crown liratid.
6, 7, 8, and 9 Foot LcngthB
Just l.imled E.. Bhip "Cockermouth"
For Sale in Quantities to Suit,
Also, COO Bbls. Whito Bros.'
At the Lowest Market Rates,
WILDER & GO.
2F YOU FIND ANYTHING,
X aaverllbu it ia the Daily ItuLLcrtw.
Jtotlcti wilier I hit head !t chiirgtii 10 ctr.lt
titrltnefoi thelrtt inwllen, an) ii ctts jar Uni
t urn additional insertion.
EYAN'S POAT BUILDING
SHOP. Rear of Lucar' .Mill.
WILLIAM FOSTER, Notary
Public. Honolulu. M.xiiuu and
fire losses adjusted
THE regular quarterly ineclluj,' of tho
Prest Publithini; i'o. will bo held
SATURDAY, October 'Sib, ut 2 o'eloclt
v. it, at Us olllee, Friend Llalblinjr,
Bethel street. A. L. SMITH.
05 7t Secretary.
THE annual meeting of the MocU.
holders: of the Waianiie ('ninpiuv
will bo held on TUJJM)AY, Oitoh.'r
lfith, at 10 o'clock a m, nt the f like ol
Hon. H. A. Wideiuanti.
C. O. KRHOBK,
G5 td Secictiiry.
A SPECIAL mi'ctiim of
tx. holders of the Mututl
Company will be held tor thopinpoe
of "Altering the Bv-Lawt.," nt tho ( om
pany'ii Building, on WEDNESDAY,
October 10th, at 10 o'clock a ji
C. O. BEKGEU,
51 td Secrrtary.
HP11U TAHITI AERATED WATERS havo
X the greatest possible pi rity in ihu
method of preparing the ejus and thn
superior tuality of the wntei wed. Ilie
gns umlci rocs the purifying proic-sof
passinc through the water of u CO gal.
Ion tank, before being admitted lo'tlie
silver-lincd retort in which the liquors
are confined; and the water Is from an
artesian well. There in no surface water
used in the manufacture; no vegetable
decay; no animiil matter; no germs of
disease; nor any impurity whatever.
Absolute purity of gas and wnier make
the liquors rest in the weakest of
stomaeha at all times; the machinery ul
the SUNNY SOUTH FACTORY is kopt -inn-pulously
clean, and operated bystctm
power; and, the bottles being on the
valve principle requiring no toil.1-, tin.
use ot corkscrews is avoided. An-tlur
important consideration in the use of
valvc-bottlcs is that no metal is usi'd in
C3T"l)cpot 28 Merchant Street, IIouo
lulu. J. E. BROWX & CO.
BY THE S. S. ZEMA1PI
CHAS. J. FOSSIL,
Will receive a fine line of
Lace Curtains !
And u general nchortincnt
Which wo will filler at very
The Leading Millinery Home.
Corner of Fort & Hotel streets.
JL most populut papur putilnmod
V H 3
S3 ami 65 FORT STREET.
Boys' School Slilrts, Boys' School Hats, Boys' White Shirts,
fS-" AT V13UY LOW FI'.ICJES T0
A lull line of Ginghams !
A mil Vine of Batiste I
A LarB AssortmBnt of Wtete Brass Goofls !
We will eloe out at a
BcSr 3.!0.A.rJ7 Ii IE O EJOTIOIV'SSI
SHOES! SHOES! SHOES! SHOES!
?" For CJ jutd, L.td;es, Mitscs & Children. p
-Sr rJ? 1-E
3SG-AN & COMPANY
H u iul 5i r rTt vlP
(F Kfi cla el MM RJ'i !3 " v"f
1 n 3
s3 n lis! SaaolssalM IBOU
To ho Musi in ay
My "L.i y f.mips .n,"
50 Bbls of Fine Red Salmon,
CASTLE & COOEIE.
ioneer Shin Factory
Of Honolulu, No. 17 Emma St.
Tho under1 iunt'd 'ess to inforn tlio
public of liii'Mi; Klmi'ly Hint Ins is uiuUin
h-Iiirth. Iy 3flttUNiiitiiirit. I
Dii ectionh for self.rwauiiemer.t w ill
liu f:ivui on application.
VfaltoShlrts, Overshlrts & NIglit Gowns
A 111 guoiauteu tiy making a f ample
Slilri lo every urdu.
Island order solicited Bell Telephone 410
fid 1 in" A. M. .18 6: J. MM.
k Loci Co.
Of Canton, Ohio, U.S.A.
Having liblahlUheil tin AijBncy In this
Oily foi the t-alu of their lmuiu.
lucturei, whieh ato
Surpassed by BSone
In their lino in the woild, un oiporiu
nlty is ottered in ul' icfirrinix jroico
'iuu uf tlieii Vflm-M". Ii in Kuoftul
I'lit ft to uippl tin n Uf. mi ut. i
..hh-h itefy ei nil iMticii.
U Tor jiMitionl.ir miiulreai
Ho. I) Alorc. hi -t , Ui uol'du, U. I.
!! . f-- " " &. ft
i J-t 'H
.in a tt t 5 f. 13 kf
(:) & 05 Fort StroGt.
M in 1 Kiiita !
17 - 88
TARO FLOUR !
Tho v v lii !nii . Tmo Flour or Poi, In
.r uia iro letpiesied to ring up
Mutual 688-a TTP1.0NES;r-grBcll 325
H'lun tUen circles vill he promptly
t:i attended to. lm
J. A. QONSALVES,
."! W r-t-t. above Hotel.
Pi.itr-lt. Cahincl Sle, $0 per dozen.
U ii d S 7.c, $ 1 per dozen.
DsSand & Samoan Views
-i per do.en.
jgy !'or purehascrs of more than a
t-inj;lu dozen a reduction of $1 on each
do1 d Ik made. OS lm
Mi, A, M, Hewett,
l'urp isc'i leaving fur the Coast In
October prior to which ho
oileru tlio vvholo of his
Do i ot lie alarmed Unit you will not
lie ulilu to purcliu in Honolulu
A Handsome Christinas Present
At iu Pan FpincWco for Mr. Hewett is
I ning tn select Hioh n block as will
a tilt bo moit fubiideous nml
surpri.e our little city.
15T.V11 'jai'iBtj mo indebted tohlra
ar i -fcpuJlMly ttpusttil to inaku
itointjaiAU Bfitkmeui. 4'J lm
-JU Aiqp i--
Vt3&Z Wa "-"-'-fa