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...rawer If- i H 11 EVENINO BULLETIN, HONOLULU, H. T.. TUESDAY. MARCH 11. 1902. s T Maem mv v r y po " PULAR STOJFE. Wo want to call your attention to what wo'1 havo planned to be an Interesting exhi bition In our .... EASTER MILLINERY OPENING ON THURSDAY, FRIDAY AND SATURDAY, MARCH 13th, 14th and 15th 'i o( this weelt. Itnro creations for tno Spring and Sum mer seasons of 1902 Hats and Ilonncts. Tho pat terns, designs and materials aro ' a wealth of beauty and In greatest variety. Every ono Is cordially Invited. Wo promise that you will not bo dis appointed, and fur thermore that you will And our r.tocK strictly up-to-date. Wo havo n special assortment of CHILDREN'8 TRIMMED HAT8 and the very latest novelties In LADIES' NECKWEAR. We will bo glad to seo everybody nt this opening. ACH C9 DRY GOODS COMPANY, Ltd. WHY THROW $40 AWAY by paying $100 for a typewriter when you can get an up-to-date strictly high grado machine The Wellington Visible Writer for $60. This machlno Is a revolution In typewriters. One ot - many endorsements given tho Wellington Typewriter Is as follows "Wo make tho statement positively that they aro absolutely tho best, ex celling all others In simplicity, dura bility and accuracy. Wo are using 76 ot them In our Philadelphia and New York stores. Thoy have our unquali fied endorsement (Blgned) JOHN WANAMAKER." We have just received a shipment of these typewriters and will be pleased to give full particulars regarding same. Theo. It Davies & Co., Ltd. JUDGE LITTLE FINDS SHERIFF ANDREWS GUILTY OF CONTEMPT temDt of court' M.nws oi tsas, wmen was passen ami led as the work of men writing when rmirt nf thn Fourth Clr- approved and went Into effect pi lor to organized society exists and with ref- ,,i.f Hawaii At' ABt 12, 1898, and even prior to crence to existing conditions. Cooley's nwirinn "awn"' July 7, 1898, tho date of the passago Constitutional Limitation C, Ed, 73; Following Is the full text of the dc- Immunity from punishment under this i enacted and they are sanctioned and clslon of Judge Gilbert K. Little, citation by virtue of tho provisions of confirmed by tho organic and statutory !... -,i. r i .,,!. n.!Cn otio-lff AnJrfwi section 29 of Act 39 of the Session law. Constitutions nre tn lin Inlernro- milltv of ebntemnt of court: Lows of 1898, which was passed and ted as the work of men writing when In the Circuit cult. Territory unamuers. uecision. . . . : :,,, Annmtntinn. In the Matter of the Citation of L. A. , " , ,,,, Andrews, Sheriff of Hawaii, to .ho Attorney General and High show cause. If any ho have, why crlff and tho defendant Sheriff of ho should not be held In contempt iinwaii, wu inner nu ., umn-i law, me immcniain hxucuuvu uiucur nf llilu (-nurt and sublect to Its orders. Boem to be deluded by the Irresistible! from Its enactments, such a impulse to assume not oniy judicial now era but as well to attempt to domi nate the hearts, minds, consciences of Court for disobeying nn older of this Court. Finding of Fact. Tho record In this proceeding dis closes tho following state of facts; That at the January term of this coutt, nm, nttong of tho Judges and courts 10 wii. January viu, iuuj. m n -"i"'u o. this Territory, as was the practice cause thoreln tried wherein the Terrl. , thc8C j,lanjg n former years, this tory of Hawaii was plaintiff and 7m- cannot now bo accomplished. It would mozuM Kozuki, a Japanese, was a ., ,..n , f,,r ihnm in rtnmlur fendant. the defendant was defendant, that our AmcrCan system of Govern tho defendant was duly convicted byim(,nt s a(Ustrlbiitlve one from tho a Jury, and sentenced to pay a flno of Jrountlatlon upwards and tho powers of S2S0 nnd tho costs of prosecution, i i, . ,iiiii,t.i n ,iifr.rnnt amounting to $22.20. "Into the hands nn(l n(lcrcI1dent governmental depart of the clerk of this court, and that ho mentSi Tno llireo great departments sianu conimiueu mini u.ic mm m.i. . nre independent In tho truo sense of are paid. thc term and not simply co-ordinate. That subsequently at said January' , mlr sygtem tho im,gcs nro nctuaIiy term of said court, towlt: on January nvestP( wlh ,lt) elements of sover- in. iuz. in a certain cr minai cause ,ty glvcn to thcm by tll0 constltn tried In tills court, wherein the Terrl- ,i,. ,i i, nf n, iinlip.i Kint. tory of Hawaii was plaintiff nnd Chan nnu ihe principle that ono department lUV. U V.U1UUIIIUI1, HUB mu Ul-ll-liuuiii. nn nvnrp.A .nvnnt irn filnf-tlnna nt. tried on a charge of embezzlement nm! trlltclI to another Is given effect In duly convicted by a verdict of a Jury an(, distinctive forms. nnu uy tnis wouri scnienccu to pay u fine of $500 and costs of prosecution Van Wnltcrs vs. Board of Children's Guardians, 132 Ind. 567, 32 N. H. K. 60. And In construing statutes relative to courts It Is presumed that the Legis lature docs not Intend nn absurdity or tnnt absurd consequences shall flow result PER S. S. "ALAMEDA" New Line Golf Shirts very latest In tho market. SILK AND GRAPE SHIRTS, PONGEE SILK FOR SUITS, direct from the Orient. BIG LINE OF KIMONAS. - - U. SEKOMOTO, Robinson Block, Motel Street S. SHIMAMOTO General Merchandise. Dt-y Goods, Groceries. Japanese Provisions, etc.: MAGOON BLOCK, MEROHANT STREET. 3P . O. Box 880 ZMZgtira. 2lfr RETIRING FROM BUSINESS commencing March 1, 1902, I will sell all the stock In my storo Regardless of Cost This Is tlio rpportunlty of a Itfe-tlrae lo obtain great bargains In every GOO KIM, 1116 Nuuanu Street P. O. Box MI Tit. "WXTSTGc VITVO CHAN THE OLDEST CHi.'SE FIRM IN HONOLULU. COMMISSION- MHROHA.lsrTS. Ottiiu lo Flo Sllkf t4 Gum LtMsi, ChloM ao4 Japiott Oooli ol All Klaii, .nwn Mommi ttrt Bulletin 75c. per month. amounting to $23.30 "Into thc hands of the cleric of this court nnd that lie many Section 81 of the Organic Act pro vides among other things as follows: 'That the Judicial power of tho Terrl stand committed until the fine nnd i?ry " " "?. ?Blc" m.?. nu"rcrao costs aro paid"; wjun. wrcuu ..uiiris, etc. And subsemientlv. to wit: nn tho Section 0 ot tho Orgnnlc Act pro- 29th day of January. 1902. It having. ldes that laws of Hawaii not lncon-1 been made to nppear to the satisfac tion of the Judge of this court nt cham bers by the clerk thereof that tho Sheriff ot Hawaii had received the fines In the nbove entitled cases and had neglected and refused to comply with the sentence and order ot this Court In this, to wit: by refusing to pay the said fines nnd costs for said defendant to tho clerk of this court, ns ordered, whereupon the Court Is sued the following order In thc Circuit Court of the Fourth Clr cult. Territory of Hawaii. At Chambers, Janary 29, 1902. A. D. It Is hereby ordered by this Court that tho fines, costs and forfeitures, ot all persons, conlctcd of crime In therefore will be avoided it the terms of the act admit of It by a reasonable construction or tho stntutc. Oats vs. National Hank, 100 U. 8. 239, State vs. Clark, N. J. Lnw. AG: Henry vs. Snllt- son. 17 Vr. 479; Ollkey vs. Cooke, CO WIS. 133. lho "public accountant" referred to In section 29 as applied to this court Is the clerk thereof and no one else, and tho Sheriff In receiving the money due the clerk acts only In pursuance of the order of court which vesls In him authority for that case and none other. ntui no recehes the money only as a representative of the court, nnd not of the Attorney General's Department or ot nny other department of thc Govern ment. And It must be presumed that the Legislature never Intended Its en actment to work public Inconvcntenco or private hardship to the public or to litigants, and If a stntutc Is doubtful or ambiguous or fairly open to more than one construction, that construction should be ndoptcd which will aoli such results, lltchards vs. Sackctt, 4 Mass. 431; Somerset vs. Dayton, 12 Mass, 383; Smith vs. People, 47 N. Y. 330; U. S. vs. Fisher. 2d Cranch 358, The fact thnt tho Jurisdiction of a court Is defined by statute does PEOPLE WHO USE ELECTRICAL POWER Arc of course the IjOst Judges and all pronounce It the most satlsfac factory power llicy have ever used. Electricity Is economical, re liable, so convenient that tho motor can bo moved to where the work Is done, so cleanly that It can bo used even where tho fix tures aro elegant, and It has no odor. Used for all kinds of machin ery, from running thc coffee mill at thc Kona Coffee Store to hoisting heavy masonry on the Young building and operating numerous ele vators. Call and tee u or write for Information, HAWAIIAN ELECTRIC CO., Ltd, KINQ STREET, NEAR ALAKEA. 1 slstent with the Constitution nnd laws court is tiennetl by statute does not of the United States or tho provisions "exclude tno rules of tho common law of th s Act. etc.. filial! cont nue n '"""" "ra appears uy ex- force. Article 3, section 2, Constitution of thc United States, provides ns fol lows: "The Judicial power" shall ex tend to all rases In law and equity, etc., nnd the Judges are bound by Its provisions. At the tlmo of the enactment of sec tion29 of the Session Laws of 1898, tho Attorney General was a Cabinet Min ister and exercised a different func tion than that given to the Attorney General under tho Organic Act nnd un der American laws. Under the Or ganic Act and under tho Inherltant and this court shall bo paid to the clerk ol i implied powers of courts tho Attorney this court, who shall give n receipt Ocneral Is only the head of n subordl therefor; which receipt shall balance nate bureau of iho Government nnd tho Sheriff's books In lieu of the fines. ' enn In no sense exercise authority over costs and forfeitures aforesaid; nnd or domlnato the proceedings of a court tnnt no persons shall bo relieved from or record or refuse to obey or evade or custody of the Sheriff until the money Ignore Judicial orders of n court of rec has been properly paid Into the hands . ord properly made, of tho clerk of this court. Section 29 In no seme Invests the It Is further ordered that the Sheriff Sheriff of Hawaii or the High Sheriff of Hawaii shall report to tbo clerk of or the Attorney General, or Auditor this court in writing tho manner of or tho Territory with the right to col the execution of tho sentence of nny lect the fines nnd forfeitures assessed person sentenced by this court nnd tho by ti..s court or by any other court of clerk shall enter satisfaction of the record In this Territory. He is not a judgment therein accordingly. "public accountant" for tho court. Ho mi.i. , ,-.. . .. a .'! !. wn..l.. -mi . hub uruer uppueH to an mies, costs ' wctuinu uuicur anu receives nnd forfeitures of ball at or during and from and after tho January term, A.-1) 1902, of this court, that money only in pursuance of nn or der of tho court, nnd has no volition In tho matter whatovcr savo and c- Done ut chambers this 29th day of . cont to recelvo It nnd turn It over to January. A. D. 1902. i-e clerk of this couit, who Is tho And on the Sheriff's continued nntli "Public accountant" for tho purpose of persistent refusal to obey tho order the Act for this court nnd the only of the Court a citation was Issued out proper custodian or all monies rccelv or said court on the Cth day of Febru- cd from any source belonging to this ary, 1902, for tho said Sheriff to appear. court, whether receUed in pursuance In dun form ns rpnntrpcl In Inu- hr-rnrnlof Its order nr Rntitenrn. in duo form as required by law beforo tho Judge of this court and to show causa If nny ho havo why he should not bo held In contempt ot this Court for refusing to obey Its order, etc. Subsequently on February 25th, 1902, tno defendant Sheriff, appeared In court In person ami admitted that ho was the Sheriff of Hawaii at, before. Section 1183 of our Civil Laws, af page 472, provides among other things "tho several clerks or the Judiciary Department shall have the custody of all records, books, papers, money and oiuer things pertaining to tho court." Where the In Invests tho court with Jurisdiction over a class of cases or Big Furniture Store Is Moved While waiting for our now store In tho Sachs' nullding to bo completed, we bnvo moved temporarily Into tho FI8HER DLOCK, op posite LOVE DUILDINO, whero we ore prcpa.ed to sell the same ex cellent standard of furnlturo as wo havo always mado It a point to handle. Our temporary quarters are very handsome and a visit from you will bo welcome. PORTER FURNITURE CO., LTD. Fisher Block, opp. Love Bid., Fort Street. prcsB words or necessary Implication. Tho Legislature, may. of course, de- lino tho Jurisdiction of a court It has the power to create, by designating tho class or cases or the subjects over wlilcli its authority shall extend, but In doing this the whole field of Jmls diction Is not covered; for certain principles and orennic unwritten law enter Into thc statute as silent factors. ihcse factors, forceful as they are, cannot always control the general sub jects nnd classes, but they do control ns to Incidents of such suujects and cinsses. thus a court has authority without any express statute to make Judicial orders ami to frame the rem edy so as to give appropriate relief FundnmcQtnl principles cannot be lo- lated with respect to ,.io authority of courts, although such principles are not given direct nnd explicit expres sion In tho Constitution or Territorial laws; and we must not forget thaW broad as the legislative power Is under a general grant of authority It cannot violate principles thnt form part of tno foundation and solidity of the iudl. clol structure, that of enforcing respect nnu execution or Its mleB, orders and mandates. It It were not for these principles the words of Constitutions would be dend and powerless. It Is thereloro true thnt all principles that underglrd and uphold courts nre not In express words, but havo their life nnd nblding place In the spirit of the Con stitution so that In determining t'o authority of courts we nm.t often behind the words of the Constitution nnd statutes to the principles which they sanction nnd conflim, Tho effect of such n construction put upon section 29, by tho Attorney Gen eral and tho High Sheriff, would bo to transfer tho powers and duties of a public ofricer from one Individual to another without nuthorlty of law and to Invest tho Legislature with Judicial powers a power which the Legisla ture cannot assume, nnd to transfer tho execution of Judicial oiders to tho exocutlvo branch of the government, and to have tho records of nut- rmi. a Chinese, defendant, and Zumozultl .In nil things, nnd the collontlon of tho ,,n n hopeless confusion nnd to deprhe during, and since the January term of any case the authority over n man i,, this Court, 1902, and as such Sheriff .longing to niat class Ib at onco effect ho had received the fines of Clian Kee, ' Ivcly acquired and must bo exercised ixosukl. a Jananeso. defendant, nbovo fines and costB nro as much a nnrt nf referred to that ho had tho money In the court'B duty as Is the trial. Thero form as required law before tho Judgo . Is no election on the part of the court, or this Court and to show cause It any The law conferring Jurisdiction to cv ho have why he should not be held In crclso authority over matters having contempt ot this court for refusing to. once been established Is Imperative ami must do oboyed and Judicial offi cers whoso duty It Is to decldo ques tions of public law cannot rightfully e. obey its order, etc, Subsequently on February 25th, 1902, the defendant Sheriff, anncared In court In person and admitted thnt ho. capo that duty. And tho Attorney Oon- na ,t,n Q1,nlff nt t.n..rnll n, linlnm lfffll Urhn la .nit, n k.ml nf .. ..! II ..o t.tu mivim u. JJimuii ui, ui'iui vt j - --. .a ui,, u iicui. Ul 11 HllUUrill during, and since the January term of .nate bureau of the executive depart this court, 1902, and as such Sheriff ment, cair in no sense Interfere with he had received tho fines of Chan Kee, or dominate the action of any court of a Chinese, defendant, and Zumozukl , record In tnls Territory. Tho High Kosukl, a Japanese, defendant, nbovo : Sheriff Is simply an cxecutlvo officer referred to, that ho had tho monoy In his possession nt the time tho ordur to pay It Into tho hands of tho clerk was Issued and that ho deliberately re mitted It to tho Treasurer of the Ten of tho courts of record of the Territory u.iii nn no volition whatever In mat ters or this kind except to obey the orders ot tho court properly made-and osk no questions. Tho Sheriff of Ha- rltory of Hawaii after a copy of tho or- wall Is tho Immediate oxccutlvo officer uui ui uuuuury ium naii uvvn Hurveq i mm t-uuri una ia amenaine to tno upon him as Sheriff giving as his rea con for sending It to tho Treasurer aft er having received tho following or der, "because I had direct Instruction) In writing from High Sheriff to do bo, with which order he sent mo a copy of Instructions to him from tho Attorney General." Tho Sheriff further testified as ap pears of record "That tho order was Issued tho 29th at January; that he re eclved tho money In question for fines court for any dereliction of duty or rcitmal to oboy a Judicial order or to execute a sentence propel ly made by this court. The actlou of tho Sheriff Is restricted to tbo language of the sentence or other order of tho court Issuing It; and ho has no authority beyond and Is governed by the order In each particular enso. Tho Shorlrf la Blmply nn officer especially author ized to enforce tho process of tho court of which ho Is an officer nnd and costs In the two cases herein when such process la delivered to him above referred to on January 10th and I (t Is his duty to oxecuto Its commnnds iiu respectively. Tho citation was promptly and vigorously nnd mako duo issued i-euruary utn in duo rorm as required by law; and according to.thu Sheriff's own statement nnd over his slgnnturo as Indicated by defendant's exhibits A and I), ho remitted the mon ey tho following day, notwithstanding tho fart that ho had been returned Into court by the bailiff. Officer K. do Silva of this court, and was then return of his proceedings to tho clerk thereof. The Sheriff being nn officer ot court, tho court has control of him ns Btich. King or Spain vb, Oliver, 2 Washington U. S. C C 429. It la not necessary that the statuto should specifically In detail designate tho authority or power of tho Court. Tho creation of a court brings Into ox- and there given Instructions by tho Istence tho powers nnd duties cssen Court not to remit tho money In his tlnl to tho discharge of Judicial author hands until the question should bo.lty without any specification of biich finally decided by this Court. powers and duties. Ex parto Terry, Tho defendant Shcilff further Justl--..., U. S. 289; Anderson vs. Dunn, 6 fled his violation of tho order of the .Wheat. 20$; U. S. vs. Hudson, 7 Court by offering In evidence defend ant's exhibit C, being a letter dated February 11th, 1902, and directed to A. M. nrnwn, High Sheriff of tho Ter ritory of Hawaii, by tho Attorney Gen oral of tho Territory. Conclusions of Law, crnnch, 32; In ro Nnegcl, K5 U. S. 1. What constitutes Judicial power and what attributes aro extended to Judl- the court of the control over Us own records, while Its Judgments remain unsausitc'l, That such a cnneliinlnn Is not only untenable but manifestly luii-i-u mm unnatural must uo admit ted: first, Blnco tho Sheriff Is nn offi cer ot this court and tho Court rnn trols Its officers nnd records; second lor tno renson that tho rule Is that uv- cry court controls Its own processes anil tho execution thereof. Tho wis dom of this rule Ib obvious since If It wero otnerwiso confusion and coulllcl (as In this case) would necessarily ro suit. The Indlanco & Co. vs. Williams 22 lnd. 198; Teft vs. Sternberg. 10th Fed. 2; Grey vs. Garneey 32. 180: Mai lory vs. Dauber. 83 N. Y. 239. In vlow of tho law anil the premise this court must conclude thnt tlm Legislature never Intended Its lan guage usad In section 29 of Act 29 to doprlve tho clerk or this court of the proper functions of his office: but that It did Intend, and should bu construed, to mean that ho or the tacilff for him Bliould collect all Hinds under Judg ments, sentences, or orders as well as fines nnd forfeitures when directed sa to do by tho Court nnd turn them over nt onco to tho clerk, and that the clerk ot tills t-oint, nnd not the Shop Iff, Is tho "public accountant" for the court, ns contemplated by tho -statute That tho Act was Intended to ills, turb, disquiet mid obstruct Justice and Judicial government and proceedings such as tho conduct of the defendant would produco ir peimlttcd with Impu nity. Tim; whllo tho High Sheriff may ap point n Sheriff for this court, the Slier Iff, when so appointed, must obey thc Court's orders to tho exclusion of ev ery other nuthorlty whllo bo acting. Thnt neither tho High Sheriff or the Attorney General, nor tho Auditor Gen eral, havo any control over the Sheriff of Hawaii while acting for the court i r for tho clerk of this court. Thnt section 79 of tho Organic Act gives no power to the High Sheriff to Intorfero with or otnerwiso obstruct tin- pioccedlng of court In tho transac tion ol public business or to defeat the cnuri-o of any proceeding or Incident Mm jnnrigfl We All Need It ! nnd tho mnn or woman who saves money earns It easier than by toiling for It. Wo save you money on WALL PAPER The Very Host at mo Lowest Price. BEAL'S Beretanla 8t., nenr Emm. C. J. DAY & CO. GROCERIES 122 King St., neit to Bulletin Office. Hawaiian Engineering and Construction Go. ROOMS 508, 509, 510 STANGENWALD BUILDING. J. O. BOX 834. TEL. MAIN 70 All classes of Engineering Work solid tod; Examinations, Surreys and R jort mado tor any class of Waterworks, Steam and Electric Construction; tUni and Specifications and Estimates Prepared, and Construction Superlo ended, in all branches of Engineering Work; Contract solicited for IU11 ods, Electric and S tears; Tunnels, Bridges, Buildings, Highways, Ponnd Ions, Piers, Wharves, etc Special attention given to Examinations, Valuations, and Reports M -'ropertle for Investment purposes. FREDERICK J. AMWEO, M. AM. Boo. a ., Engineer and Manager. W. R. CASTLE JR.. Secretary and Treasurer. WELL WORDED WANTS IN THE BULLETIN WORK WONDERS rial departments nro matters of which ! thereto Into othor or different channels knowledge Is tnken without nny statu- thnu thnt directed by the Court, tory speculations, 'inoy nro known1 Thnt tho dofondant having shown no becnuso they existed boforo written Justification for his dlsobedlcnco of tho Tho defendant in this caso claims constitutions wore adopted or statutes ordcis of this Court, and the Court bo- Ing fully advised, duds the defendant, Lorilu A. Andrews, Sheriff of Hawaii, nuttiy of centempt In failing and refus Inh' to comply with the order of this Com t. made and entered January 29th. ' '.902. ( ?en;enco deferred until Thursday . uoruir.g. OILUEHT V. LITTLE, Judge. THE CLIMAX ARC LIGHTS for STunca. 8end the weekly edition of the Bul letin to your friends. Only $1 a year. V- WATCHES 'N DURABLE AND ACCURATE The Keystone Witch Cue Co., hSTAHUSIlKIl IbJJ Philadelphia, US.A. America's Oldest and Largest Watch Factory I'or hiiIu liy The Principal watch Dealers in Hawaii The weekly edition of the Evening Bulletin Is the largest and best pub llshed In the Territory. Sixteen and twenty pages. $1 a year. Hrltrttrr thin electric ttr,thMr thn it rua n. IN toeoui'4mller. An uikltmt-alli trriwrtlur sir x turn 1 4 tup, will t'li kIvm t much libt norrrhtitd rt ncrotur nt nukri no tnor noli, Hot rutn'UtftlU ik tlt orlifcl tyiS rtt .Itayi r(vttWrtlucu I im(n lew tti mk ni wlil iniK ti crilT. A Ump tit! Ututtnifft wrti4lerfulrl hon Ilk Hon tbctuarkt-C A mr tUance lor Btfvn1., KUt wvtiU wnlml AOdrvu STANDARD GAS LAMP CO., IIO-I20 Michigan Stroot, Chicago. iMTgfBt nml uiif of the ultlrst established nmnufrtcturer of Kttuinu Uini ot all Uv crlptluut Fred. L. Waldron BROKER AND COMMISSION MERCHANT. P. O. nox 553; Tel. Dluo 791; Room 3, Sprockets Uulldlng. f. V, I... '.) 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