Newspaper Page Text
OMiU RAILWAY & LAND CO.'S
PltO 31 ASH AVTItll 'KII. 1. IHIKi.
A.M. A.M. l'.M. I'M.
Leavo Honolulu. ..0:15 8:4rl:4r liUfif
Arrivn IlunouliulL.7 :'J0 !Mr7 2:57 r::ir.j
Loavo Honoullull..7:30 10 :4 i-.V.i 6:4af
Arrive Honolulu. ..8 :35 H i5R 4?BB fl:60
I'KAIU. OITV I.OOAI..
icavo Honolulu G:20 ....
Arrivo Pearl City BiftSJj ....
Leave Pear' City. . (1:00
Arrivo Honolulu.. .0:10
t Saturdays only.
TIiIoh. Hun mill .IIodii.
11 V C. J. LYONS.
i i i a, k
S E C1 r e to o
L o oS - o
.... Wpn K fi S O 3
1,AY- ?SsSf5rt 2 -
ii.in. p.m. p.m. u. in.
Mon. t" i (i oo it :w u (Hi c at r 4o a oi
TllCI. 21) 2 IKI 1 IK) 7 H 10 J B S'l ft 47 4 OS
Weil. 2T - B"i 2 IC 8 (H) 10 ftO 0 a1) ft 17 ft OS
Thins. 28 .1 23 IS 20 ; U 20 C :w ft 48 0 07
Kll. 2 4 00 4 IS !) ( U 63 fi 33 6 49 U 12
Sat. .10 4 23 3 10 !) fin t) 33 (S ilS ft 40 7 20
Sun. :u 5 (i3 1 0 03io 4o l oo n : ft .ro s 22
Xcwiiioon on thoi'it h iitfili. Sin. u. 111.
Tlio tlinuHlk'iiivl rir the pint IskI.uh nt lSli.
0111. Usee, (mlduliilitl 01 Oiccnwlrh tluiuor
Hi. 28111. illscc. p. 111. of Honolulu Oliturvntnry
tluiL1. It Is kImmi by tlio Ktuiim vWilstlo of tliu
llonolulu I'IiinIuk Mill, 11 few tlooit uliovo
tlui Custom House Tliu snmu hlstlo la
Koiimlod c'oiif'ctly nt Honolulu inoiin noon,
Oljsi'ivutoiy mcildliui, orioli. 31m. 20scc. of
$ IX h.
THURSDAY, JAN. 28, 1892.
Stmr Pole from Kauai
Stinr .1 A Cummins from Knoluu
Stmr O K Bishop f 10111 Kaliuku and
Stmr Kaala froniNawiliwlli, Kiluucaaud
Am bk Aldun Besse, Fries, from San
Nor bk Giei, Anderson, for San Fran
cisco Bk Kstella, Ross, for Puget ouud
From Sau Fianeisco per bk Aldcu
Besse, Jan :H K G Harris.
Fiom Kauai per stmr Kualsi, Jau 2S
CARC0ES FROM ISLAND PORTS.
Stmr Polo 3828 bags sugar, 140 bags
lice. 314 b.igs bones, 47 hides and 20
Stmr Kaala 182n brigs sugar, 3 horses
and 25 pkgs sundries.
'Jlie hark Hawkesbury has finished dis
charging coal and is now loading with
The tern Ethel Zane has come off the
The stmr W G Hall will leave for
wlmlwaid ports on Saturday morning at
10 o'clock, instead of her legulur time,
The bk Aldeu Besse, Clias S Fries
master, an ived from Sau Fiancisoo to
day with a caigo of general merchan
Tfie bk Estella, Ross master, sailed to
day at 3 o'clock for Puget Sound.
IIpoK & Ladukk Saturday night.
I'll, meet you at the Brunswick.
Jvaiiuku Plantation Co.
Special meeting Engine Co, No. 1
The Marshal revokes coi tain special
C. J. McOakiiiy has lots on Lililm
street for sale. 3-tf
Button Holes made to order at No.
4 Garden Lane. 307 tf
Tun Brunswick are the only Billiard
Pallors in town. C tf
Mhb. Floienco Williams will leoturo
Jam. F. Morgan has threo now no
tices of' auction sales to-day.
Aitku bhuvjng use Cucumber Skin
Tunic. Benson, Smith & Co,, Agents.
Sjinhuhn relieved at once by Cu
pu'inbur Tonic. Benson, Smith & Co.,
Temple of Fashion lias received a
largo ntock of dry and fancy goods.
Also, gluves and knitting silks in all
' To-mouuow theTrain ways Company
will run cars every lfi minutes hutweon
Palama and Waikiki. See advertise
ment. DKi.icioUh coilee ami chocolate will
ho boived every morning early at tho
Palace Ice Cieiini Parloro, LudwigBon,
& C1011, Hotel htreet. 221 tf
Get your hoots and shoes mudu
and lopaircd by tliu old Wailuku
tdiocmukcr, L, Toounios, on East
Hotel stieel, Fiisl-chibs work, low
THERE IS NONE BETTER.
Dr. R. L. St. John of Howhuul,
Putnam county, Missouri, takes es
pecial pleasure in recommending
Chamberlain's Cough Itemedy, be
cause he knows it to be reliable. Ho
has used it in his practice (or several
years, and says there is none butter.
It is especially valuable for colds and
as a preventive and cure for croup.
This most excellent medicine is for
sale by all dealers, liensou, Smith
& Co., agents.
LOCAL AND GENERAL NEWS.
Both banks will close to-morrow.
Diamond Head,,! o'clock Weather
clciir, wind light north
Tun doeUiou of tliu Supioino Court
loaves poor John in the cold.
Tun Kntro Nous Chili will give 11
Bociul iiiid diiut'o at tlio Arion hull to
K. Q. Haiihih, 11 commercial trav
eler, was a passenger on the ha'ik Al
lien Uesto to-day.
The hiiIo of lands belonging to the
lute King's estate has been postponed
to February Rilli.
Thk bund played ut the Hawaiian
Hotel last oVoiing, to tlio evident de
light of strangers Btaying there.
WriAY Tayi.ou's organ recital at
Kauinaknpili Church at 7:45 o'clock.
The program is an interesting one.
Thk Independent candidates lor
Nobles and road boards will speak
this evening at the Berctanin street
Thk letting oil ,of firecrackers by
Chinese in celebration of their New
Year commenced in earnest this af
ternoon. Thk final chance to register in the
Fourth District, second precinct, will
be at the meeting this evening at the
Mr. Tiiui-htun's ieply to Mr. Ash
ford has been ordered published in
this paper, but it cannot be overtaken
in this issue.
ItLOibTKAiiON meetings will ho held
this evening in every precinct of Ho
nolulu, except ilic first ono of the
Several of the sailors of the burnt
whaler John F. West joined the ciew
of tlio bark Estella which loft for Pu
get Sound today.
The Mechanics' Union will rally
this evening at Rohinson's hall, at
7:'K) o'clock. Candidates will ad
dress tlio meeting.
Tin: final meeting of the Inspectors
of the 4th District, 1st precinct, will
be held this evening at China Engine
House from 7 to 9.
The third district, first precinct,
lias registered the highest number of
voters up to date, namely, for Nobles
277, for Representatives 4uL
It is rumored that Mr. Emmeluth,
at the independent meeting in the
Armory to-irght, will withdraw from
the field, giving his reasons for so do
ing. A final meeting of the Inspectors
of 2d District, 2d precinct, takes
place at No. 1 engine house, Nuuanu
and Berctania. streets, from C to 0
this p. in.
A. Paiikot, tramcar driver, concern
ed in the accident to the Portuguese
l.id on Nuuanu street Saturday, has
been committed to the Supreme
Court for trial.
An "Open Letter" to Mr. C. W.
Ashford by "Diogenes" is crowded out .
The Supreme Court decision being
received late this forenoon displaces
much other matter.
The lanai in the Palace yard pre
sents a gala appearance as its decora
tion progresses. Tents are also being
erected. These preparations are for
the luau tomorrow.
In tho ejectment suit of Her Majes
ty Queen Liliuokulani against M.
Davis, before Chief-Justice Judd and
a mixed jury, a verdict was rendered
for the defendant.
Hon. L. A. Thuubton has imported
a surry from Welch fe Co., of San
Francisco, for either single or tandem
driving. Presumably it will make itB
debut on election day.
Six arrests of Chinamen for assault
and battery against fellow country
men, were made yesterday. Four of
those were taken in for battery on 0110
individual. They are all out on $25
Mechanic Engine Co. No. 2 at a
special meeting last night instructed
its delegate to udvocato in tho Board
that the annual parade shall bo held
between 2 and 3 o'clock on Saturday,
Fob. G. The company elected five
Several cases against Chinese were
to come up this morning in tho Police
Court, but owing to tlio fact that they
were all busy preparing for the Celes
tial New Year tlioy asked for a post
ponement, and tho cases were ac
The Japaneso by the Yamashiro
Maru were released from quarantine
at 10 o'clock this morning. Their
distribution will begin, with about 100
by tho W. G. Hall on Saturday, and
tho rest will bo shjppud by othor
steamers the first of next week.
The Chamberlain of the Household
has requested it to he stated that the
Kauikeaouli (King street) gate will bo
opon to-morrow from H a.m. until 12
m. Officials and their ladies attend
ing the official presentation will enter
tho Palace grounds through tho above
ARE YOUR CHILDREN SUBJECT TO
As a preventive and euro for
croup, Chamberlain's Cough Remedy
has no rival. It is, In fact, tho only
remedy that can always he depended
upon and that Is pleasant and safe to
take, l'lieie Is not the least danger
in giving it to children, as it contains
no injurious substance. For sale at
50 cents per bottle by all dealers.
Benson, Smith & Co., agents.
STEAMER VIVA ASHORE.
A report this morning from Wai
anae states that tho steamer Viva,
belonging to Hon. J, I, Dowsett, had
gone ashore utMailc Point, Waiunuo,
early this morning. A hole was
stovu in her bottom and the pros
pects of her getting off again are
slim. The little steamer hud been
used for some time past currying
salt. She is uninsured.
, ,'l .- ' '.-?.
hriWiwif aeiiifcOM w iFwi.Nmrr ; 'ii'wa.ii
CHINESE CAN'T VOTE !
So Decides the Supreme
Full Text of tlio Dooislon Wilh the
Supreme Court of the Hawaiian Is
lunds, January Term, 1892. In
Banco. Judd, C. J., Uickerton
aud Dole, JJ. McCully, J. ab
sent. In the matter of the application of
L. Alilo for a writ of mandamus.
Tho ( onstitutlon substitutes tlio race
status of llawalluu, American or Euro
pean birth or descent as a condition for
the voting privilege in place of the stat
us of citizenship which was a require
ment under the previous constitution.
A native of China who was naturalized
here and acquired the light to vote under
the previous constitution was deprived
of that right by the promulgation of the
pi cscut constitution.
The petitioner prays for a writ of
mandamus to be addressed to Henry
Smith, Samuel F. Graham and George
N. Shaw, Inspectors of Elections of
the 2nd Precinct of the 1th District
of Honolulu, where tho petitioner
resides, directing them to cause his
name to be entered on the list of vot
eis for Representatives, which they
luulTcfuscd to do on the sole ground
that lie was of Chinese descent.
An alternative writ wns issued re
turnable January 27th, at which time
the respondents made answer.
Mr. A. S. Haitwell for the peti
tioner ; Attorney-General Whiting for
UKIEF OF I'ETITIONElt'S COUNSEL.
The sole question is whether the
petitioner's Chinese birth and des
cent preclude him from voting.
1. The Constitution of 1887 does
not pretend to state all the rights
and piivilegcs of Hawaiian subjects,
but on the contrary in its 79th Arti
cle expressly declares that all laws
then in force "shall continue and ie
main in full effect, until altered or
repealed by the Legislature; such
parts only excepted aB are repug
nant to this Constitution. All laws
heretofore enacted, or that may here
after be enacted, whicli are contrary
to this Constitution, shall be null and
Phis means that all the civil, po
litical and legal rights of Hawaiian
subjects are neither based on, nor do
they originate with the Constitution
of 1887. That Constitution leaves in
full force all the statutory provisions
including the provisions secured by
the Constitution of 18G4 which are
not "repugnant" or "contrary" to
In the Constitution of 1887 the
Sovereign renounced the absolute
veto power, and the power of' ap
pointing Nobles and dismissing Cabi
nets, and limited the exercise of his
public acts to those which his Cabi
net should advise and consent to.
But no private rights of Hawaiian
subjects were destroyed. By the
law always in force since this coun
try had a Constitutional Govern
ment, no mail's right can be taken
from him except by "due process of
law." I submit that as the peti
tioner had the right to vole under
the Constitution of 1804, that right
cannot be taken from him by any sub
sequent statute or Constitution, and
that it has not been taken from him.
His rights were clearly fixed by law,
"Every foreigner so naturalized shall
be entitled to all the rights, privi
leges and immunities of an Hawaiian
subject." Section 433, Cornp. Laws.
This Act was amended in the Acts
of 1887 and 1890, but not a word of
the above quoted sentence is changed.
Tho Constitution of 1887, in re
quiring voters to be "of Hawaiian,
American, or European birth or des
cent," does not refer to those who
then had a Constitutional, statutory,
and vested right to vote.
It is one thing to enlarge vested
private rights, 0110 tiling to direct the
manner iii which they shall lie exer
cised ; it is another and different
thing to deprive one altogether of
shcIi rights. That, I submit, ought
not to be inferred or implied by the
language used in the Constitution of
2. This Court held in Kekaula's
cusu, that as a conviction in 1882 for
felonious cattle brauding did not un
der the laws then in force disqualify
ono from voting, tlio disqualification
imposed by Article 73 of the Consti
tution of 8,87, of one '.'who shall
hayo been convicted of Felonious
Cattle Brandiug," did not disqualify
The language of the Court in that
case was explicit, in its recognition
of a right to vote existing uuder tho
Constitution of 18G-1, viz.:
"(1) Tho specified prescription
in Article 73 of the Constitution of
1887, making a conviction for tho
felonious branding a disqualification
from civil rights cannot ho applied
to instances of this offenco com
mitted previously to tho date of this
Constitution, for it would bo ex ost
(2) If Kqkaula now lies under
disqualifications, it must bo puisuuul
to tho provisions of Article 73 of the
Constitution of 18G1."
There is nothing legally "repug
iitttit" or "contrary" to tho petition
er's right, in tlio requirement of tho
Constitution of 1887 as to voters.
With questions of policy this Court
has nothing to do.
It is not a question whether more
Chinese shall ho naturalized or not,
hut whether those who weie natural
ized voters uutil 1887 aro not now
Alfkhu S. Uautwkll,
Atl'y for Petitioner.
Jau, 27, 1892.
"'"' ., ."M..-
srW.timi- "' r-a?
uhnIOn or Titti couut In bln.i:, j.
Tho petitioner clnim tho right to
Vote on the giniind that ho had such
right previous to the pio, out consti
tution, and that there is nothing in
this constitution wnlul" destroys that
right. Tho constitutional provision
for the voting prnlej," limits it to
residents of Hawaiian, American or
European birth or descent. (Articles
59, G2). This is a radical change
from the ptovision for vtliug in tliu
constitution of 1801, which limits tliu
privilege to subjects, (Article 02)
aud which was annulled by the pro
mulgation of tin1 present constitution
winch substituted the rate require
incut for tlie old condition of citizen
ship. (Preamble of the Constitu
tion). But Section 132 of the Civil
Code provides that every naturalized
foreigner shall bo entitled to the
tights, privileges and immunities of
a Hawaiian subject. Tins antedates
the present constitution. But what
are the rights of the Hawaiian sub
ject as to voting? Are they not so
merged into the new provisions that
now he votes, not as a Hawaiian
subject at all, but solely as a lesident
Hawaiian, American or European by
birth or descent? If this may be
answered in the alllrmalive, as we
think it ma', the 432 section of the
Civil Code stands untouched by the
constitution, and the petitioner, by
virtue of his naturalization, is enti
tled to the rights, privileges aud im
munities of a Hawaiian subject, but
voting is not one of them, unless the
additional race condition cxiBts.
A constitution which abrogates the
previous fundamental law, necessarily
repeals all existing statutes inconsist
ent with itself. It may even be said
that it repeals all statute law existing
at the time of its promulgation ;
whence the necessity of re-enacting
all such laws as are not repugnant to
it. (Const. Art. 79). When such
a constitution takes effect, it is a new
departure in tho government of the
country, inasmuch as it states anew
the principles upon whicli the govern
ment is to be administered, and ie
arranges the distributions and limita
tions of sovereign powers. What is
not changed is rcallinued. The new
statement of the fundamental law
takes the place of the old.
Under this change of voting con
dition, from citizenship to race
status, the plaintiff has lost his piivi
lege, whether intentionally or not it
does not concern this issue, though
upon gencial principles, it is to bo
legretted. The voting right is a
privilege rather than a right, and a
duty rather than a privilege. Even
if it is regarded as a right, the loss
of it through the promulgation of a
now constitution is by "due process
of law" of the most pronounced
The plaintiff's counsel refers in his
brief to the opinion of the Justices
of the Supreme Court in reply to
questions addressed them by tho
Cabinet in regard to the voting quali
fications of one Ivekauia, who had
been convicted of felonious branding
of cattle in 1882, in support of his
position in this case.
It seems to us that that opinion is
based upon different principles than
aro raised in this case. The circum
stances were also different.
Kekaula had been convicted of an
offense under the old constitution
which did not deprive him of his civil
rights, as it would have done under
the present constitution, whicli found
him in the enjoyment of these rights.
The justices consider that the provi
sion of article 73 of the Constitution,
whicli deprives one who "shall have
been convicted of" felonious brand
ing of cuttle, of his civil lights, did
not apply to Kekaula for two reasons,
i. c. because the language "shall
have been convicted" denotes future
convictions, and because the depriva
tion of civil rights by the present
constitutional enactment, for a pre
vious offence committed under laws
which did not deprive tho offender
of civil rights, would distinctly char
acterize it as ex post fitrto legisla
tion, and a construction involving
sucli a result should not lie adopted
even of a constitutional provision un
less the wordB distinctly icquirc it us
they do not in that case.
We do not therefore see that that
case is a precedent or a guide in any
way to this.
We find that the petitioner is not
entitled to vote, his previous right
having been annulled by the Consti
tution, and therefore dismiss tlio
January 28, 1892.
WORTHY OF A TRIAL.
If you are troubled with rheuma
tism or u lame back, bind on over
the seat of pain a piece of flannel
dampened witli Chamberlain's Pain
Balm. You will he surprised at tlio
prompt relief it nffoids. 50 cent
bottles for sulo by all dealers, lieu
son, Smith & Co., uueiits.
Protection Hook & LutUlor
Co. IN'o. 1.
riMIERK will bo a special meeting of
1 tliu above Company at their hull on
SATURDAY, KVENlSO, Jan. .Kith, at
7 :i!0 o'clock, to coiibider tliu matter of
tliu Annual Paiiulu.
Honolulu, Jau. '28, IBM. :I31 2t
'PHE nnuuiil mcetlni of stockholders
L of tho Kaliuku Plantation Co. will
he held at the (Jluunhur of t'oiuuieree on
SATURDAY, Jau 30. 1BU2, at 11 -30
o'clock A. m. W. W. HALL,
Seeietury Kaliuku Plantation Co,
llonolulu, Jau. 27, ISJi. 3:11 lit
T-HE aiiuuul meetlnn of tho smek
X hohiers of the O, Hnnvr & t'u.
will bu held at the Company's oilleo on
Queen slit'et, 1 Honolulu, on WKD
NKSUAY, Feh. 3, lhliJ, at 10 o'eloek
A. M. K. F. BliHOP,
321) 7t Seeietury U. Ilicwer Cb Co,
Has become a w rd dear to tho hearts 1
of mutheis. Tho "Mi.pali" Valve I
Nipple is made of pine gum, will not j
collapse and punuiits much coin- lie '
raiiM! they admit air into the bottle as
tho milk is dniwn out, thus picwnt
iug u vacuum being foiined. Give the
baby a chance to express his opinion.
You'll U'iv toon Mud out whet her tho
" Mizpah" is a Mieee.ss 01 not
We haw an n.ssoiliiu ut of Davidson
and Gin dyeai Nipples, al-o Rubber
Rattles and Ticthing Kings, and Nur
sery leijui.-ites in gencial.
Eveiy hoUM'hold thuiild have a Hot
Water Bag. Wo have some new ones
and if used wilh oidinury caie will
last for years. Invalid Cushion can
bo Ubcd as "life preservers" on land
as well as sea. Ours are for homo
service, and are the best in every way.
Rubber tubing from the diametei of
-inch to the size of garden hose,
which wc sell by the foot or yanl.
We've lots of other rubber goods,
and our Drug Sloie, you know, is the
best place to buy them.
H0BR0N, NEWMAN & CO.
J. A. CUMMINS,
J. N. S. WILLIAMS,
A. P. PETERSON,
1st J. 1'ELELUIIE.
2d J. KANUl.
3d J. KEKIPI.
4 th J. ROE.
5th J. A. KAIIOONEl
S. C. DWIGIIT,
JOHN F. BOWLER.
J. W. WIMXItpSK., DUB. W. O. W IM Kit, Mil., Hill,
WINTER & WINTER,
Oilleo lintel St., opp. Y. M. C. A., ad
joining the Honolulu Libiaiy.
Branch Ollieo, : : : 200 Kearny it., S. K.
LL Dental operations sUlfully per
f foiined at San Francisco prices;
whicli are 30 pel cent cheaper than Hono
lulu prices; and if not as good as the
best Dentistry in Honolulu 110 charge
will be made. You need not go to San
Francisco for your Dentistry. Our great
reduction in prices the clticns have de
manded, and we will supply the demand.
vi: have coin-: to ki:iai :
EST Cull and get pi lees and wive your
money. We return our thanks to the
clti.ens of Hawaii, Maui aud Kauai for
their liberal patronage aud solicit a con
tinuance, of the same.
Office Houns: 7 a. m. to 0 v
Per S. S. Australia."
At The Beaver Saloon,
II. J. NOI.TK, l-ropi'iutor.
FOll SAN FJtANCISCO,
The Al Steamship
Will leave llonolulu for the uliovo
Tuesday, Feb. 2nd,
ST For fi eight or passage, apply to
Win. O. IRWIN & CO., L'd,
:t 0 Ot Agents.
Young Oocoanut Trees
car Apply at tlio
J ROM AND AFTKIl THIS HATH
i Mr. U J. McCarthy will collect al
my bill.. II O McOJIKW, M, I),
llonolulu, Dec, 31. 18'Jl. 30S-lm
& iifl Hr
Evury sluaim-r and sailing vessel brings (o ns articles
for use and ornamentation. Our goods are till "lain ar
rivals ;" Ave have no old stock on our shelves. Our goods
are selected with care and they meet with a ready sale and
as last a.-- sold aro replaced by others. .No other store in
llonolulu contains such a large aud varied assortment of
goods suitable to the wants of the people.
HAWAIIAN HARDWARE CO.,
Fort street, oppo. Spreckols' Bank, Honolulu.
N. S. SACHS,
! 04 Fort Street,
The Popular Millinery House.
Builders' & General Hardware,
CLUSTER & CO.,
Segars, Pipes & Tobacco.
AGENTS FOR T11ID LEADING
Joy NEW GOODS BY
c. j. McCarthy,
Ni:v Cummins' Block, Mkiiciiant Sihi:bt.
EAL ESTATE BROKER
FIRE INSURANCE PLACED.
USr Any lnmiuetiH enlrubted to mo
rpilK unileiBlgued U iiroiuired to (tlvu
JL LfMOiia In Athletic hxciclsus mnl
tlm Manly Ait at two door, ahovo tliu
Royal School, Kuima ntiect, also to give
lustiuctious at homed ot pupils If du
alled. Application iccvlcd nt No. 87
' aia lm MIKE QU1LL1QAN,
PAINTS, OILS, VARNISH KS & LAMP GOODS,
AGATE WARE, TIN WARE, NEVER BREAK WARE,
Cutlery & teral Murclaiflise,
Blake's Steam Pumps,
WILCOX & GIBB'S, AND REMINGTON
EVERY STEAMER, -a
COLLECTIONS ATTENDED TO.
and Houses Rented.
will lecuivo prompt attention.
ll - 01
W. T. MONSARRAT,
ittirOMcu at Hotel Stah'es, Hotel
htieul. Both TclephouelJ3. Iteoldeueo:
Mutual Tel. C10. dee 10-01
&S ? -