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Attorneys, for iCompainy
Say Question Was
IN CALIFORNIA ALLEiEI
Attorney Migoon RepliTto Sajt.with
Charge of 'ite or Blukmail
11 "' n i . ill - v
-Busy Day in All
The Supreme Court Is hearing Har
rlson vs. Magoon and others, the celtf'
brated Haaey' cure' company" case.'
Judge Estee, lnthe' United States
District Court, Is hearing argument on
the merits of the habeas corpus caso
of Ylm Chun Bhal, a Chinese woman,
F. Thompson for the writ; District
Attorney Balrd for the Vospondent.
Kinney. Ballou ft McClanahan for
defendant have filed R; motion In tUo
Supreme Court for. reargument of Ar
thur G. Merlcourt vs. Norwalk Fire
Insurance Co. They claim that the
court overlooked a question In the ui'i
of exceptions, assigning error to the
trial Judge for refusing to allow proof
of four different Instances in Califor
nia where plaintiff had Insured proper
ty that burned while the policies were
In force. The attorneys ask for a hear
ing of the motion next Monday.
Judge Humphreys dispatched cbam
bora business this morning as follows.
Charles R., Bishop Trust. Fivo ac
counts approved and master's reports
confirmed. Trustees arre surcharged
with 19.42 overcharged commissions.
''Ho Sun's accounts as guardian of
Kan Yee, minor, are referred 'to P; D
Kcllett Jr. as master.' '
Imbella M. Jcm' account W guar:
dt.ui of her minor children are approv
ed mill master's report confirmed.
V. C. Parko Is appointed adminis
trator of the estate ofCatheralne P.
Auld. deceased, under 1400 bond.
M. Q. Sllva Is anointed administra
tor of the estate of John de Costa, de
ceased, under $2000 bond.
Mary Medelros Is appointed adminis
trator of the estate of her late husband,
M. de Medelros, under 1100 bond.
Whltlng'ft Robinson are allowed $7C
fees In j'. J. Stewart's estate matter.
Illshop ft Co. vs. J. M. and M. D.
Monsarrat has been discontinued
F. Akin has" admitted all the allegv
tlons In the bill of foreclosure of mort
gage, etc.. brought' against him by
Hoffschlaeger ft Co., and consented to
the prayer therein.
In the suits of Geo. W. (Macfarlane
vs. Robert Catton and John Fowjer ft
Co. vs. Romerf Catton and George W.
JMocfarlane, demurrers have been hied
by Mr, Catton, his attorneys being
Holmes ft Stanley and Kinney, Ballon
ft McClanahan. Among other things
he disputes the jurisdiction of the Cir
Keau Raul, administrator of the esrjto do" with the general merchandise II'
tate of Kalua Plkal, deceased ,has in
ventoried the property at $676. 4 u
Willis T. Knowlton, attorney In fact
for John Alexander Ramos, ManuM
Ramos and Frank Gomes, has receipt
ed to J. Alfred Magoon for $2062.65 in
full of the amount due them from the
estate of their late uncle, Joseph Go
mes, deceased. Their powers oft. at-
nMix AMM.A Imm TtnatM iLfa :
lii lie cmug uuuj uuiiuu, pibhn
nip our aaugnicrs or tne laie ,n
leama two by a native andVtwo-4y(g;
Uhtnese nusuana nave Drought a suir
In equity by their attorney; W. W
Thayer, against J. Alfred-'Magoon to
UB OFFER FOR SALE
"the home of C.J.FIshel,
corner of Lunalllo and Pllkol
Streets, 8 room house, elec
tric, lighted. 2)6 feet of
Also the adjoining 6 roomj'i
house, with lot 41x200. '
McClellan, Pond & Co.
Tel. Main 69. Judd Building,
mf. r i!
I HOXOLTjtiO, 1?RIT0RY OP SAWII', PEIDAY. JANUARY
cancel 'a, deed and 'dewre a trust rela
tlvetojl piece qtilud on Maul. It. t
allcgeothat' while Mr. Magoon was ad
mlnlUVator of the esjauof her second
dead' husband" lie Indte3tte widow
deed htm the land $t ,$40 'which U
now asserted" to be' worth I7M. MK
Magoon In a statement to the press,
says the land was boughf by Its former
owner for W, be,rcfrded,th jltle at
clouded wkeflthVi widow .Importuned
him to iTJHr 140 for ((, has not an
yet eVer aeWlAe land and". Anally, that
he regards. th'rdcedlng as animated
by elthet'MrM oblackmatt. In the
court preclpdi Mn Magoon offered to
recover thenjloperly at the price he
paid, but as be refined to pay Interest
Mr. Thayer went ahead and filed1 the
m w in
, RESIST TIE FEE
They Oliim the Law Puts Them in
.' ' the CiUgory.of Dealers,,
in "Imported" t
Inspector Batcheller lately sued cor
tain tobacconists for their license fee
of $10 In the District Court and ob
tained Judgment 3.' F, Chllllngworth
attorney for the defendants; appealed
to'the'hlgher courts. The fee Is based
on section 96 of the law of 1896 as
amended by Act 38 of 1898, which reads
"The annual foe for a license to'sbll
tobacco, cigars and cigarettes shall be
ten dollars. The payment of this, fee
shall exempt tpe holder qfa. license to
keep a hotel, boarding house or restau
rant from the payment, of a fee for a
merchandise license In case the licensee
Is not a dealer In, merchandise other
than tobacco, cigars and cigarette
but, shall not be construed to exempt
the holder' from the payment of a teo
tor a merchandise license' as provided!
by section 75 of this act IrTcase the li
censee is a leadsr ln'erchandlie other
than tobacco, cigars, and cigarettes."
Then secH6n'764 of OWI1 Laws runs
In this wise: v.'
"The annual fee for a licensee to se'l
Imported goods, wares and merchan
dise, to be known as a merchandise li
cense, shall be as follows:
"If tho annual gross sales for the
previous, twelve months, Including to
bacco, cigars and cigarettes, were an4
are estimated to bo. for the succeed
ing twelvo moijts less than twenty
thousand ,dollars,.the fee shall be fifty
dollars. It twenty thousand dollars nr
over the fee shall be three-eighths of
one per cent of the annual gross sale-)."
It appears that those resisting tho
license' fee tako the ground that these
provisions of the law place dealers In
tobacco, etc., In the category of deal
ers In any and, nil kinds of "Impo rtc,-!''
merchandise, and It Is this one tfbrd
"imported" whloh the Attorney iCen
era! recently discovered as a constitu
tional rock upon -which the whole mer
chandise license law goes to smash.
Treasurer Lansing, on the oth-sr
hand, considers that tho ordinary re
tail tobacconist's license has nothing
censing law. "Tobacco, cigars and
cigarettes'; are only Incidentally In
cluded In section 764 quoted. In the
Loplnlon of tho Treasurer.
Whether section' 96 of the 1896 law
as amended does not bring the tobac
conists Into relation with the fate 3f
,the general provisions for licensing
the sale of 'merchandise the courts win
have to determine.
,'. i HOI Aliqwco', HDiwni,
- Last night the captain of the Prince
Albert made complaint against the half
Chinese cabin boy a story about whom
appears lnA another column. It ap
pears that ttr Captain Flint ha 1
taken the Utle fellow to the ship, he rail
away again. Deputy 8herlff'Chllllng
worth took a hand hlmsolf and went
after the boy. Ho found and handed
him over to Officer Uakor who took
him to the vessel. Upon the arrival
of the two at the wharf, the captain
said he did not wish to have anything
more to do with the boy and refused
to allow htm aboard. Ho told the po
lice officer that ho could do with him
whatever he wUhed. Baker returned
to the police station and. after a con
ference with the deputy , sheriff, nl
towed him to go. The deputy sheriff
has Issued orders today for no officer to
arrest tho bpy, It Is now? up to tho
captain. Qf course, there are certain
things that he should explain.
A dainty piece of lacquerware or
some odd-toklng Japanese curio would
make an excellent Christmas present.
For sale by Iwakaml, Hotel street.
Special attention Is called to tho dis
play of toys and Xmas goods at L. B.
Kerr ft Co.'s. A full line Is In stock
and of the very finest
THE WATERMAN IDEAL FOUN
TAIN PEN. All sizes, all shapes. H
IT IS A PAViNQ
Centralization of Power Disgusts the
Taxpayer-Large Increase of Tax
ation riot Feared by the
Majority. : '
Tho Bulletin presents below, an
other series of Interviews with busi
ness and professional men'on the sub
ject of municipal government tor tne
city of Honolulu.
David Dayton I am certainly In fa
vor of municipal government for the
city of Honolulu it tt can bo shown
that the Income from various sources
will be sufficient to pay the expenses
that will be Incurred. Otherwise, I am
not. It seems to me that this Is what
the whole question resolves Itself Into.
Of course, we do not know Just what
the government, through the Legisla
ture, Is going to give us In the way ut
funds for the payment of debts of the
municipality. If we get the proceeds
from the water works, licenses of vari
ous kinds and the like and the sum Is
sufficient, then I say, let us have mu
nicipal government by all means. You
raust'understand that our expenses will
be very heavy. We will have to pay
for all Improvements on our streets
and for another set of officers.
Capt. C, J. Campbell I am In favjr
of municipal government but I do not
think that the time Is ripe for such r.
state of affairs,. We need to.thlnk over
the matter very carefully and to con-
sldcr'lt from' every possible standpoint
before wo ask the Legislature to take
any decisive step. I think tt would be
a great mlstako to ask the next Legis
lature to give ug a charter. The mat
ter should go over for at least two
years. If not more.
H. M. Dow, chief clerk In the sheriff's
office and a property owner I have
studied this matter very carefully and
I do not believe that tho time la yet ripe
for a. municipality. We havo the Bewer
on our hands Just now nnd It will bv
some time before we will get It off our
hands.' There aro other complications
Involving pioney 'that ,'wlll take the
people of this city some time to re
cover from and for myself, I believe
that, to use a slangxpresslon, wo havo.
"bitten off about as much as we can
chew" for the proseai In two or three
years wo will be'risy for a munici
pality and In thJ meantime we will
have had enough time to study th
matter carefully. ' ' '
CharleaCrelghton.attarney It seems
to me tha't'we want municipal govern
ment as soon as tho measure can be
considered carefully enough by the
Legislature so that we will be assured
of a charter that(,wlH work for the
good of every citizen. I nm very niuen
opposed to a centrallxatlon of power
In tho hands of jt, few for the govern
ment of every part of the Islands. This
Is the system we have had here for
many a long day and I believe It Is
about time we were getting a change.
What wo want Is something to say In
the matter of how wo shall be govern
ed as a city and, by whom.
J. M. Kooneakua, attorney I am op
posed to municipal government be.
cause I am Biirc that It will mean iin
Increase In taxation. An Increase n
taxation will mean a hardship on tin
poor people and this Is something Hint
wo shoul3 avoid? If'il'cari ooderaon
started to me thnt municipal govern
ment will not rneun an Increase In tax
ation, then I will register my voto la
favor of the measure at as early a date
as possible. So far, I havo not found
anyone who can show mo that this
step will not mean an Increase In tax
ation. There aro a great many natives
who own small pieces of land that
they aro now, by dint of hard worl.,
LOOKING FOR SIGNS' AND OMENS
Washington, Dec. 22. Believers In signs nnd omens can be seen every
day ut about U o'clock on tho Whlto Houso portico Intently examining one
of tho eastern pillars. They have been told that nt that hour when tho Bun
Ik shining a shadow can bo seen there In tho shapo of a hand with a stubby
forefinger raised In an attitude of warning. It requires a vivid Imagination
to figure out this hand, but tho superstitious nvaw they have seen It and they
associate it with nn alleged flguro of a bent and aged woman, who they say,
fell beforo tho portico before tho death of the President's mother,
Antl-linperlallsts think It Is a warning ngalnst tho administration's
Philippine policy. The occupants of the Whlto Houso aro not suportlttlous
nnd every ono of them Is enjoying excellent health. President McKlnloy hao
occupied moro time during the last two or threo riajs assisting Mrs, McKlnlev
In marking and forwarding Christmas presents than he has given to public
u -0 ilrtv fiuiiiT jt mr.UT iiiiv
nmm mm ahai
able to par' taxes on', but what will
happen to them In case -the taxes are
raised. It, Mil simply mean that they
wilt be forced to sell their property
perhaps their homes In order to pay
the taxes. This will leave them In a
pretty state-of affairs, will It not?
Dr. J. S.j'McQrew, property owner
and one wbo was watched the affalrn
of the city-for many years past as one
(if Its most prominent men We want a
municipal government as soon as wo
can get It Of course, we do not want
n hurried consideration of the matter
and a hasty act on the part of the
Legislature biit It seems tome that we
can get tt during the next session.
There Is ample time for consideration
of the matter.. I do not believe In this
charter business as a party affair. I
think tt should be considered by repre
sentatives of all sldesj It Is n matter
that concerns everyone and everyone
Should have aomethlag to say about It
Why am I In. favor of a municipal-form
of government tor the city of Honolu
lu? Simply because I do not believe In
a concentration of the affairs of gov
ernment In tfce, hands of a few a state
of affairs that wejhave had for many a
long year. 1 f think It 'Is about tlmo
the people had something to say. Wo
will be In beter shape all around. Each
man will bo Interested In the conduct
of the affairs of government of the
city, whereas' some are now Indifferent.
As to taxes, I Ho not believe there Is
going to be such a great lpcrease as a
lot of people seem to think. Of course,
there Is liable to be some Increase but
look at the benefits we will get for our
money. We will have something to
gay then whereas we have nothing to
say now. .
Wm. H. Crawford, Chinese Interper
ter of the English and Hawaiian lau
guagea and a man who mingles with
the' Influential Chinese of the city I
am decidedly In favor of municipal
government and a large number of
I (hose with whom I have talked, are of
the same , opinion. .1 think that a
tmaoge Is necessary. In order to give
every ton tn the community a chance
; to say something In the government of
John H. Wilson,- contractor We
want municipal government as soon as
we can get it. That Is the way I have
sized up tho thing. This power In the
hands of a few Is detrimental to the
life of tho country. We are not having
Justice done us and as soon as there is
a change, I am sure everybody will sea
a change for the better. I think that
there will necessarily be an Increase In
taxes but people should be willing tu
pay moro for the privilege of having
something to say In their own govern
ment I spoke Just now of Justice not
being done and, while what I am about
to say, hasn't anything In particular
to do with the question of municipal
government for the city of Honolulu,
still It shows that 'there Is room for
great Improvement in the matter of the
government of the affairs of the Terri
tory of Hawaii. During the recent
election, about forty natives of Pele
kunu and Wallau on the Island of Mc
lokat wero unable to vote because the
Board of Registration did not see fit
to go Into those two valleys, dome ten
of the men went to Walluku In n
whaleboat tn order to vote on the sld
of Wilcox. Now then, some of these
very natives who live In Pelekunu have
been forced to pay taxes for years back
and yet, during that whole Interval of
time, not a stroke of work has been
done on the roads about their homen.
Ib this Justice? Is this the kind of
government we want? We wanf'the
power In the hands of the people and
not In tho hands of a few of the num
ber as It) Is now. I say we want a
change here and we want It as soon ai
Harry Evans, property owner and
proprietorof a ballasting buslnessof the
city I do not see how anyone 'Who kns
seen the trend of affairs tn this city
for a few years back can help but voto
on the side of municipal government.
I mean to work for It tooth and nail
when the proper time comes and 1
think you will find that the majority of
tho owners of property in the Islands
will tell you tho same thing. Muni
cipal government must come if we an
ever to have hero In this city a state
of affairs where every man will hav4
some representation for the money
which he paya InWthe coffers of the
government as taxes.
' HOME RULERS TO MBET.
.The Committee Of Thirty of the In
dependent Home Rule party will hold
a meeting In Foster Hall, this1 evening
for the purpose of considering the re
port of the committee on scope. Every
member Is urged to be, present.
On the 8th day of this month, there
Is to be a big meeting of the Inde
pendent. Home Rule party for the pur
pose of dissolving the Aloha Atna and
Kalalalna societies and merging them
Into one party to be known as the In
dependent Homo Rulo party. At the
same time, there will be a caucus of
the successful candidates of the Home
Rule party who happen to bo In Hono
lulu at the time for the purpose of talk
ing over matters In connection with
the work of the Legislature at Its sei
slon which begins In February.
TWENTY-ONE TON R6LLER
REAd'Y FOR OPERATION
FifttTn Ton Machine Abo Recelved-
OM Roller Breaks Down-Its
Veteran Driver Laid
Thoj larger of the two new steam road
roller has been set up. It' was stand
ing In the Judiciary building this
morning and attracted considerable at
tention. Its weight Is 21 tons, A
stylish name plate shows It to be "The
Springfield," made by O. S. Kelly Co.,
8prlngfteld, O. i
The machine has a locomotive style
about tt with brass bands around the
boiler's Jacket and gap painting. There
are many Improvements over the ol-l
machine that by the way,-'' met with
general collapse up Nuuanu valley yes
terday. If necessary" a road Plow may
be attached to the rear of the machine.
Tho other roller Just imported is of
IS tons. It Is not yet set up.
O. D. Larsen, an experienced' engin
eer, will drive the larger roller. He says
that, although It Is high pressure,
there will not be more noise of exhaust
than in the old machine, but Its ma
chinery will play a tune to which
horses may take a while to become ac
customed. John O'Reilly, the veteran who
seemed a part of the broken down roll
er, Is laid aside by a severe attack of
rheumatism. John enjoyed the friend
ship of the late King Kalakaua from
having been engineer of the New York
Central locomotive that drew His Ma
jesty's special train on that road.
RAT! IT RETORT
' TALKS RACK WITTILY
Reference to His Partner's Candidacy
for the Judgeship from the
Bench Elicits the
George A. Davis, former Circuit
Judge, upset the gravity of the Su
preme Court this morning with the re
tort corteoua. He had been notified
to be ready for the hearing of Derger
vs. Booth as next case, In which Davis
& Gear arc counsel for plaintiff.
Mr, Davis begged to have the case
continued till next term or vacation, on
account of the absence of his partner
at Washington. It wan Mr. Gear's case
nnd their orator had not famllllarlzcd
himself with It. He suggested that it
would bo courteous on the part of the
court to grant a continuance.
Justice. Qalbralth ventured the re-
mark: "nut Mr, Davis, do you nat
think there Is a probability that Mr.
Gear will be disqualified as an attor
ney when he returns?" The allusion
was to Mr. Gear's, candidacy for tho
vacant second Judgeship of the First
"I have given up making predictions
In the political arena,' Mr. Davis re
plied. "For aught I know President
McKlnlcy may- appoint a Democrat to
This allusion to the public comment
on Justice Galbralth'a supposed Dern
ocratlc leanings, at tho tlmo of his an
polntment, struck both bench and bar
as keen wit on tho part of Mr, Davis.
It was greeted with a laugh all round.
A complote new stock of shoes has
been received at I II. Kerr & Co.'s
shoo store, corner Fort nnd Hotel
streets and will bo sold at tho merest
J shaving of profits.
J WW J '
Price 5 Oknts.
FROM THE KINTUd
And Cause Captain Long
no End of
is liable to fine or
Extenuating Circumstance Clause
Diligent Search for Laborers
Ship Not Likely to be De
layed by Escapade.
Ever since yesterday Captain Long
of the aronaport Klntuck has been in
trouble over the escape of three Chi
nese members of his crew and a thor
ough search by officers of tho transport
and the local police has failed to di
vulge their whereabouts.
Their prolonged absence from the
steamer has apparently brought the
captain within the meshes of the Unit
ed States laws provided the Interpreta
tion of the law Is applicable tn tho case
of Captain Long, who Immediately
upon docking his boat here a week
ago Issued positive orders to his offi
cers that none of the Chinese should be
allowed to land , under any pretext
whatever. In addition to this special
men were placed en watch day and
night to prevent any break from the
While the law relative to th ella
blllty of masters of vessels In con
nection with Chinese matter of this
kind Is plain and to the -point there
are certain discretionary powers al
Immediately upon being notified by
the ship's quartermasters who wero
on watch of the escape of the Chinese
the matter was . repotted- at once to
Collector Stackable and. t Immigration
Commissioner J, K. Brown, who Insti
gated a thorough search of the Chinese
quarters tn order to apprehend the
men If possible.
An amendment to the Chinese exclu
sion act of 1884 sets forth very clearly
the liability of masters of vessels and
In tho abstract Is as follows: "That tie
master of any vessel who shall know
ingly bring within the United States
on such vessel and land or attempt to
land or permit to be landed any Chi
nese laborers from any foreign port or
place shall be deemed guilty of a mis
demeanor and conviction thereof shall
be punished by a fine not more than
$500 for each and every such Chinese
laborer so brought and may also bo
Imprisoned for a term not exceeding
one year." In "such cases of" this kind
where It Is clearly shown that there
was no, attempt upon the part of the
master of the vessel In having aided or
abeted the escape of the Chinese the
Collector of Port may accord him the
full benefit of his discretionary powers
under extenuating circumstances.
In the case of the U. S. A. transport
Port Stevens which was here In April
of last year, the Chinese made a ruh
and outnumbered the guards. A special
ruling was made In this case. The
entire affair Is regretted very much
by Captain Long who feels bis position
very keenly as he has sailed in the Kln
tuck slnco 188S, and has been her mu
ter for the past ten years.
Collector of Port Stsckable state?
that In his opinion satisfactory a'r-. -rangements
wilt be made whereby the
transport will not be detained, AH the
facts of'the rottter'wlll beHhglt'before
the department at Washington which
will take final action tn the matter.
A Shoe , ,
For Comfort I
How many men are troubled
with perspiring feet, caused
by the shoes belng'tight'or
by too much walking.
We Have The Shoe which
is made.to prevent prespera-,,,
tion, it If called the .
The shoes are neat, stylish
and attractive, made in tan.
J& iU W-tsKtj- Vj.'A '
t -.iiw - .; A --jni&t a d:l'b?.
'j&rwamtiMWf 'mimm.) au-tt