SUNDAY BULLETIN, nONOUJI.P, II. T.. SUNDAY;niAnCiri(Tl'g'
8ltnutlons and Help Wanted
WANTED Young man desires situa
tion on waiter, short order cook, I
or storekeeper In hotel, refltaurnnt
or steamer; fully etpoilcncccl, audi
speaks Kngllsh, French and Spanish
Mlilrcus S. A. Y Uulletln S09V1 w
WANTED Refined, experienced girl
wishes place an nurso or maid, best
of references, willing to travel, 12.
It, Uulletln office 2094 tf
COOK Wants position In hotel or res
tnurant, first-class and tapable; ref
erences, and many years' experience
Address L. A., this office L0S3 lw
WANTED Situation as cool: In a
first-class hotel or Institution Ad ,
uress I I-, this omce zrjz iw
WANTED Position as watchman or
porter, by a thoroughly reliable titan
Address O. 3 , this office. 2091 lw
WANTED Set of books to poit even
ings; reasonable Address Y , this
office. 7s 3t
WANTED Capable young man de
sires clerical position, lapld !-cu
mas. and good bookkeeper Address
0.. Uulletln office. 2089 lw
YOUNQ man, experienced bookkeeper
or salesman, desires situation, best
references i . -., this office.
WANTED Coachman thoroughly un
dtrstnnds care of horses, well rec
orainendcd, wants position in pri
vate family Address 1 ,, this
Ads In this column will be Inserted
Per line, one Insertion . 15e
Per tine, two Insertions 25c
Per line, one week ...30c
Per line, two weeks . . 40e
Per line, one month. . . 60c
This Is the cheapest advertising
ver offered the people of Honolulu.
PIANO tnught, graduate l-lpalc Con
Knator) 83 month, special atten
tion adult beginners Address Mu
sic, this office. 20'3 lm
BOWERS' MERCHANT PATROL AND
CONFIDENTIAL AGENCY Night
watchmen furnished for bulldlugs,
business propert) Dud lesldenies.
Office and Residence, School St ;
P O. llox 284. Tel White 3691
LET U8 DO your bookeeplng nud
mnVin vtnir i rill,., tlnuM Satisfaction I
enarantced Honda itlveii us si-cur I
Ity. C. E. MOORE & CO, 10 Mcln FOn SALE Coral rock for filling. Ad
tre Illotk 2D82 2W, dress It. M. Duncan, at Ilullotln of-
1 ' flee. 1991-tf
SPECIAL NOTICE Uonds furnished
ta any amount for the man holding i
position as guardian iiostofllce oUl
cl.-rf or any other position of trust.
Honolulu Investment Co 2031 tf:
NOTICE TO BUILDERS Tho Union
Express Co. has WHITE SAND TOR I
SALE. 1543 .f ,
WANTED Everybody to know that
the Canton Marine Insurance Co. I
ofllto Is at Honolulu Investment Co.
WANTCD 500 pianos to tune Ad
dress J. V. .tall. P (J. box 473
WANTED 500 men to shave for loci
Jeff's, 43 King St., five white bnr-
Wrs. 2011 tf
TO LET Furnished fiont loom le
duced to 89 month 53 Vlnt-ard St
below Nuuanu 2095 tf
TO LET Basement for storeroom En
quire 158 Hotel St 2092-lw
FOR RENT Cottage on South St.,
six rooms; modern Improvements;
817.50. Honolulu Investment Co, I
Jiidd, Pldg. 2072 tf I
lO LET Newly furnished rooms, Bln-j
gie or en smie, nrsi class lame
board, hot and cold water, electric
lights, etc. 1270 lleretanla St.
2038 tf -
P. DANSON KELLETT Attorney,
Notnrr Public; marriage licenses.
Room 11, Slagoon lildg
F. M. BROOKS attorney; looms 9 10,
Spreckcls bldg.; Tel. Slnln 314.
CARL08 A. LONG Attorney: 15 Kaa
humami St ; Tel. 181 Main
J M. DAVIDSON Attorney at-Law,
1VS Kaahumanu St.
GARDNER K. WILDER Attorney al
low; Kaahumanu St.
E. J. WALKER Coffee Uroker; room
4. Sprockets bldg. .
C. A. COWAN 11 8C Union. St..
Pacific Ulub: sundries, etc
MCDONALD & LANGSTON Contract
ors and Ilullders: llnK Union St.
N. K. OTSUKA Contractor nud build
er, carpenters and masons, excavat
ing, filling and turning, stouo and
brick; ballasting and cement walks;
Itooui 4, Arlington Hotel, Tel. Stain
'HE KASH CO, LTD. Two stores
23-27 Hotel St. and cor Fort & Hotel.
PACIFIC VEHICLE 4 SUPPLY CO.
Fine carriages, wagons, harness
and whips; Derotaula near I'ort St,
CIGAR8 AND TOBACCO.
ELKS BUILDING, CIO Sillier Street.
CONVEYANCirsG Charges reason-'
able. Room 10 SIcIntyre Ulock,
Apply to Jns
dg. 20!U 2t
, near Nininnu
TO LET Klegam Jiwle parlors K25
lleretanla, cot. Keeatimoku
TO LET Furnished rooms, mosquito
proof, suite, with Kitchen. 45 N.
VIut)nrd, after 2pm 20S9 lw
TO LET Furnished rooms at Mrs.
McCoanel's, Garden lane. 2055 tf
TO LET Flvo room cottage off Val
klkl road betwten Hopkins and
Hlshop switch. Immediate posses
sion. Apply Hnwn. Tramwavs of
fice, Punnhou. 2064 tf
TO LET Roomy bath tub, with either
hot or cold water anu all modern
Improvements, 'all at Silent Dar
ter Shop. 2019 tf
TO LET Cottages off L hool St. nr,
Nuuanu, 815 and 817. On Insane
Asylum road. 812 SO and 16.50. P,
E. II. Strauch, 32 Campbell block.
aiu i on t. 2051-zm
I FOR SALE New tiprignt piano, no
uasonnbli offer refused Address
X this office
2095 3w '
$150 Hujs family horse, phaeton and
harness K C II, Uulletln 2029 tf
FOR SALE Ixit 54 x 90 feet on lane
Just off mnuka slilo of Vine) aril St
near biidge. with a two-storied
lodging house thueon, quite new and
built at a cost of 81000. Apply to J.
M Monsnrrat, Campbell blk.
FOR SALE Furniture of a six room
house, reasonable. Address B. F. C,
this office. 2093 tf
FOR SALE New upright piano at
half prlte. Address J this office.
FOR SALE line Jersey con; Just
calved. Apply to Lewis & Co.
F0R SALE Very old tnpa quilt, also
fry old calabashes, some unpol
cJ AddreBS Z , this office. 4s tf
ROOM AND BOARD.
HELEN'S COURT, also residence J.
Stcluer Adams lane. Is open as a
first i lass looming house airy and
mosquito proof Honul If desired,
Mrs J Uuggan.
THE LOS ANGELES 1523 Fort St.:
nowly furnished rooms, mosquito
proof; terms reasonable. 1930 tf
LOST A chestnut filly, with largo
unite star nnd stilpn, hinnd 3.,.'.
Reward tin return to C. J McCarth)
tor I'lll.ol and Young Sts 2091 ri
-OST WATCH for. with irnhi ni l
lege medal attnchul Return to l)r '
F i: Clark, Progitss block and re '
eclvo reward 7s-lw
LOST .Many thousands of dollars
through neglecting to havo stock
siilllclcntly Insured Honolulu In
vestment Co. represent four of tho
strongest fire Insurance companies.
FOUND Insurance ngaliiBt tho break
age of plato glass at The Honolulu
Investment Co. 2051 tf
FOUND A bay horse.
StiWibe for the WKKKLY
RU1 W-'TX, only l kt minum
MERCHANTS' PAhCEL DELIVERY
llethcl St., opp. Waverlcy blk,; Tel.
, G21 Iiluo, pkgs. called for and dcl'd.
C. A. SCHMIEDTE llaggigo oxpress
, and drnvngc;; Tel. Whlto 921.
W. BEAK BAN E Caret engraving and
stamping; room 2. J...to bldg.
POLYNE8IA ENCAMPMENT NO. 1,
I. O. O. F. meets first and third Fri
day of eaih month Excelsior Hnlt.
DAMIEN COUNCIL No. 563 Young
Men's Institute, meets every second
and fourth Wednesday In tho month.
HAZELWOOD MARKET CO. 1281
Fort St., near Kukul tlrocerles,
Fruits aud Tobaccos.
J. E. GOEAS neretanla near Emma
St.; Tel. 2J12 DIuc.
S. J. SALTER Successor to Salter &
Walty: 712 Fort St, Orpheum blk.;
Tel. 081 Blue.
DR. ALBERT E. NICHw-S Dentist;
1154 Alnken St.; offlco hours, 9 to 4.
DR. DERBY Fort and Hotel St.).; gas
administered, painless extracting
E. TAPPAN TANNATT Civil and
electrical engineer: office1, 1313 Wil
der Ave.: Tel. 3441 Uluo.
CITY 8HOEING SHOP J. W. SIcDon
nld, Fort St.. opp. Club Stables.
Weekly edition of the Bulletin 1 a
Ads. will '
HARNESS AND SADDLERY.
MANFQ. HARNESS CO. Corner Port
and Kins Sts.; Tel. Math 228, P. O.
CALIFORNIA HARNESS 8H0P Fort
St., opp. Club Stables; P. O. box 791.
THE PACIFIC HOTEL UM Union
St opposite l'nclflc Club Nowly
furnished rooms, mosquito proof;
electric lights, hot aud cold water;
flrsl-r.nss table board. Mrs liana.
Prop 2091 6m
TH03. LINDSAY Mfg Jeweler and
watchmaker; 630 Fort St.; Love
bldg.; latest In novelties.
at tho PANTHEON SALOON.
TERRITORIAL MESSENGER 8ER
viut union st. nr. Hotoi.i Tel,
HAYVLEY'8 MILLINERY PARLORS
The latest In millinery, otc; Doston
Ding.; Tei. ztjt Main.
ANNI8 MONTAGUE TURNER Vocal
Instructor; "Mlgnon, 1024 Dereta
ELLIS' HAWAIIAN QUINTET CLUB
Music furnished; Mctropolo Ho
tel, room 12, Alakca St.
E. K. KAAI Teacher of string Instru
ments; studio, Lovo bldg. Fort St.
BYRNE & LIVINGSTONE Hop. Ame
rican Slant s. Room 8 Progress blk ;
Tel. Main 131.
DR. SLOGGETT Eye, Ear, Nose nnd
moat; omce at Eye and Ear Infirm
ary, Alakca St. Hours 9 a. m. to
4 p. m.
DR. FRED. W. HODQIN8 Evo. Ear.
Noso and Throat only; offlco Alakca
8t lately occupied by Dr. Murray;
offlco hours 9 a. m. to 4 p. m.
KATHARINE J. MacKAY. M.D.. CM
-520 Dcretanla Are.; Tel. Uluo 3551.
DR. JENNIE L. HILDEBRANDE 248
lleretanla Ave.; Tel. UIuc 821.
ANTONE PILARE8 A CO. Plumbers
and Tinsmiths. All kinds of sani
tary work. Sewer connections a
specialty. Charges to suit tho
times. Corner Miller and Punchbowl
PAINTER AND PAPERHANQER.
V. H. POULSEN fainting and paper
hanging: Territory Stables, King St,
JUDD & CO., LTD. Uulldlng lots nnd
residences for saw; 307 Stangcn
wnld bldg.; Tel. 223 Slain.
M. G. SILVA Agent for real estate.
niso to grant marrlago licenses
58 Merchant St.; Tel. Sfnln 115.
PRIMO BEER Is good If It Is kept
ngnt. Try it. t tno I'ANTHIX
STENOGRAPHY and typewritlngncnt
lv nnd ne rurately done at Hawaiian
Hotel by .Miss Noble.
E. MORIKUCHI 14 Hotel St.. nr. Nu
uanti. Felt, straw, punamn hats
ALBERT BCRNDT Tailoring nnd ro
pairing; Elks bldg, 616 Sillier St.
J. W. A. REDHOUSE Watch and
chronometer maker: 79 Merchant St.
PERSONALS FROM II)
Hllo, Slanh II. W. C. Ptiicock and
J, (!. Hothwell were piibsingerH by tho
Klnau. .Mr. Piatock Is the hend of tho
well known firm of W .0, I'taiotk &
Co, of Honolulu and Hllo. and this Is
his first visit to Hllo for ninnv jears.
1th .Mr. ltothwtll, the muunger of tin
business, Sir. Peacock visits Hllo to
look over the Interests of the 111 in and
It Is expeend that bonie aminciiituU
will be niiiile duilng their htuj foi fu
ture enlargement of tlje Hllo ho(tl
I) E, Wilbou, (ouduttor tn 10 Hllo
Itiilliond, Is it lulling out for the ba
nana tinde and will ship lo the Coast
by the bteaimr Entei prise Sir Wilson
will buy fiom the glowers nud ship tu
Ills brothers, J. It. and Janus Wilson.
Sir. (!eu, representing tho Dipuit
ment of Public Works, came to thlB
Island on the Klnnu and will Investl-
gate thu norm damage and rtpoit to
Chester A. Doyle, special cillcer of
the Honolulu Police Department. Is In
straightening out klnkB.
Tho Japanese at work on the Kona
railroad and plantation are destitute
and have received no pa) for Inhui, A
"bread or blood" difficult) Is threaten
ed. Philip Da like) has accepted the post.
Hon of cleik at tho Hllo hotel succied
Ing I.ukn I.elllond.
N. C Wllfong goes to Honolulu to
da) to attend a meeting of the IJu.ud
.lonu ii. tiiuimins nns wen imielc a
knight commander of the Order of St.
fireory the Clreat b) Pope l.eo Mil.
ll.e m. chil Is conferred for rml In it-
llglous and special nets of thnrlt)
Tho order was founded b) Pope Or. -
ory XVI, nnd carries with It the use
jf. the title of sir.
iPv jU&jM H
Following Is the full text of the
unanimous finding of Judges Humph
rejs, dear and Robinson In the case
of Walter O. Smith, editor of the Pa
ilflc Commercial Advertiser, cited for
contempt of court.
The affidavit filed In this caso seems
to set out pretty fully all tho perti
nent, material and relevant facts. Tho
charge of contempt whether It be held
to be a direct or Indirect contempt, a
constructive contempt or a contempt
committed In the face of the court. Is
charged technically In apt and proper
On behalf of respondent It Is con
tended that this court Is without tho
power which ordinarily Inheres In nil
courts of record to protect themselves
and tn prevent the obstruction, cm
barrassment nnd hindrance of the duo
and orderly administration of Justice.
Ihls contention Is made under tli
net of 1888. see chapter 42, Laws of
1888, which provides, section 1, that
"the publication of the proceedings
before any court or Judgo Bhall not bo
deemed to be contempt, nor shall such
publication be punishable for con'
tempt." Section 2, Constructive con
tempts Bhalt not be punishable as
Wp are of the opinion that sectloV 1
and section 2 of tho Act of 1SRS must
be construed together unuer fhe fa
miliar principle of law that stntutcs In
pari materia must be construed as a
whole. The constructive contempts
which nre declared not to be punish
able as such In section 2 of the Act of
1SS8 niuuiffstlv refers to section 1 of
the snmo act. which declares thnt the
publication of the proceedings before
tiny court shall not be punishable as
The right then to publish prcoeed.
Ings of a com t truthful and fair pro
ceedlngs the truthful and fair report
of tho proceedings of the court, sub
stantial!) accurate reports, Is a right
which' fs expresslv given to the citizen
by the laws of this Terrltorj, nnd It Is
a right which this court cannot in
fringe upon even If It were so disposed.
Hut this right Is limited to a substnn
tlal, nc curate publication of the pro
ceedings, and where tho publication
does not consist or purpoit to consist
of a publication of the proceedings,
but consists of Invention nnd of false
hood, ealfulntid to tiling the courts
Into tMlum, hatred ridicule and con
tempt, theieh) enibnirasMng the Influ
ence of the courts, obstructing nud im
peding, embarrassing and hindering
tho administration of Justice, It Is a
contempt, nnd punishable as such un
der our laws.
Now, In the Stnti against the lice
Publishing Company, I.awjers' lie
ports Annotated, volume 50. page 197,
It appeared that the publication was
made with referento to n pending case
The editor of the paper was cited to
show cause In thnt proceeding why he
should not bo dealt with aB and for n
contempt of court. Ho appeared In
court by counsel nnd defended the ac
tion against him upon the grounds
that "no disrespect to the court or to
uny member of the court was Intended,
that the case of the State vs. Srajth
was not pending; thnt tho public n-
uons were mnue witn good motives,
nnd were not calculate il to obstruct
the due administration of Justice1." The
Kennedy e-nso was pi nillng. Of thnt,
said the com t. we have Judicial knowl
edge, nud tho defendant must surely
have known that the ease was In court
and undetermined, foi It appears that
the attorney for lospondentB brought
his brief to .Mr. Hosevvntcr's office and
that the article headed "Worth) of Se
rious Consideration," Immediately to).
Ion til a meeting between the editor
and tho law)ci.
The defendant In this caBe has not
taken the stand. Ho personally has
.... .... . .
"''" unuer ins corporeal oatn in
""' l,Ion of Ib court that he hud no
knowledge of the pendency of the enso
of tho Territory of Hawaii against
.Mc Cm thy. Tho ropy of his paper
' wlitch contains tho contemptuous car-
toon In question also contains, In nn
other column, a notice of the fact that
tills ,n In ,n,iii,r nmi ti,. a 1,1...
his case, Is pending, and that a Jury
had been sworn In tho cnuSo for tho
purpose of tr)Ing It,
Thu first and third def uses nrn puc -
illu; they amount to n denial that tho
defendant Intended Jo violate the law.
Under tho ennredid fnctB tho course
pursued by lilin was Indefensible. Ills
conduit Is not susceptible of an Inno
cent 01 honorable constitution. Tho
statuto cicilnus that nny wilful nt-
f tempt to obstruct tho proceedings or
,,ndei thu duo administration of Ins.
, , M pl0C0lMllg8 ()r
,1"" " , b . . , . ,"
onstitute a criminal contempt and bo
p.iiusiieii as Biieu
This statuto Is mcrMy declaratory
of the law as It has existed for htm-
dreds of )ears It Is a legislative rec-
ognltlon of the authorltv of the courts
to deal In n summary manner with
nirmiiiH who iln nnv wanlnn .lulll,,,,-.
persons who do any wan on, le Iber-
nto or Intentlonnl act calculated to
embairass thtm m the discharge ot
In Case of Editor Smith
their Impoitant duties In the hUtory
of American Jurisprudence there can
be found no ease In which this power
hns been harshl) or oppressively ex
ercised b) n court of final Jurisdiction
Indeed, suth courts have not often
caned publishers to account for con
structive) contempts, because it has
rarely happened that a respectable
public Journnl wielding any consider
able Influence has deliberately employ
ed outlaw mtthods In attempting to
control Judicial action.
Cases of this kind originating In the
lower courts nre verv numerous. Wo
will not take the time to clto them or
an) of them. Hut as was said by the
Supreme Court of Iowa In the, case of
Field against Thorncll, fi)C Iowa, page
l.". It seldom happens tnat an honor
able Journalist so far forgets his self
respect ns to trespass upon the rights
of the Judlclar), or to seek to control
or Improperl) Influence Its conclusions
We have, of course, no dcslru to re
strnln In the slightest degree tho ftec
t'oni of the press, oi to maintain tho
dignity of the court b) lulllttlng pen
alties on those who may assail us
with defamntor) and mnllcloiis publl
cations. Our decisions and all our of
ficial actions nre public property, and
the press nnd people havo the un
doubted right to comment on them,
i.nd criticize them nnd censuro them
as the) see fit. Judicial off Iters, Ilka
other public servants, must answer for
their official actions before tho chan
cery of public opinion; they must
make good their claims to popular es
tetm by excellence and by virtue, by
faithful and efficient servlco, nnd by
righteous conduct. Hut while we Con
rede to the press the right to criticize
freely our decisions when made. w
den) to any Individual or to any class
of men a right to subject us to any
form of coercion with tho view of af
fecting our Judgment In a pending
rase In the Iown enso nliovo cited
It Is said' Cotiits aic constantly
parsing on questions affecting the life
and llbut) of the citizen ns well as
ie rights nf propel ty, and tho fre
dc in of tho Judltlnry to Investigate
aid decide. Is quite ns Important to
tli' well being of soclct) as tho frfie
dun. of the press. ".Men, ' said one
whj knew them well, "nre flesh and
blood, and nppreheiislve" Few stand
hi.movrd b) the clamor of the multl
tu le. Vniioiis motives, of course con
fcphe to mnke people 1U41)' nnd even
to dlpguli from themselves tho fact
that tiny nie amenable In nnj degree
to the force- of popular opinion Uut It
Is foil) to deceive ourselves, It Is futile
to attempt to deceive others Threats
public clamor have befoie now nwaied
the Judgments mid flxtd the purpose
of resolute men, and It will be well ta
remcmbi r thnt w hnt has happened ma
occur iignlu. .Men have In the pa-t
yielded to the demands of un ungr)
populace, and It Is quite rosslbl 'hat
the) ma) yield again Moral fibre Ij
not stronger now than It over was Le
fore. Courts aie ehaiged with bfl
solemn. sacred and high function of ad
ministering Justice, and It Is their duty,
not onl) to give tu ever) suitor his ile
mnndahlc right, but to glvo him in
surance that no banned und hostile in
fluence shall operate against him Ulle
his cause Is under consideration befjr
the court nud before the Jury. A liti
gant Is entitled not only to a Just deci
sion altogether free from coercion or
suspicion of coercion. Nothing else
will satlsh him. nothine less .an hip
the meiiBUic of his expectations. He1
has no utundaul with which to gauge "adjudged guilt) of contempt ot cour.
Judlil.it firmness; und If the eouit has a 8?t fortl ln thc affdavlt, and )on
been exposed to Influences tultulatei1, ire sentenced to Imprisonment In Oihu
ns In the .McCarthy ense, to tell ngnlns'. Jli.fr the period of thirty da)t, wltb
hlm, he will not know- whether 1111 .",! out luul1 lal'01 "
verse decision Is the volte of the la.i Admission of Respondent.
or the er) nf n c oh 111 illy and 'mi Lit'
Our views upon this matter me well
expiessed In the following excerpt from
the opinion of Judge Law 11 m In the
People against Wilson, lit ll'lmilv
' nSl?S UTt' "A r-niirt ultl nf , nilt-UK tn-
deliver to icmnln wholl) iinlnllucncel
and unprejudiced by pubU atlons like
that under consideration, hut will the
communlt) believe that It s uhle tfl
do so? Can It tven be ceitali 111 rt -
gard to Itself? Can men nlnion ba
certain of thtlr mental poise A tlnld
man might be Influenced to )ehl, while
ii AAim I fi ) I ft a tivn i ti1.1 I... 1.1...... t..
"'"; " " '- it nun in
, ,n,, opp0sIt, uirt-ctlon. Whllo Iho nc-
utnl Influences ure on ono side or the
other, so far as It Is ftlt nt all It oe -
( comes diuigeiuus to the odinlnlstintloii
of Justice. Klin If a court Is happily
composed of nun of mature veins ,in!
of such firm and equal temper thnt th,
remain wholly iiuliiliiuiiied In i Ithor
dlicctlou., ncieithclibs, a dlstuibln,-;
Inline nee has been thiii.in Into the
counsel chamber whuh it Is tho wise
pyllc) of the law to exiltula" Equall)
ptltlnent are tho lemnrka of Judgo
Kill"". Ill People tx lei Ceinnoi vs.
Staple ton. 18 Colorado. 5CS. Judges are
human, the) nre possesst.l of human
fctllngs. nnd when nccutntlous aio
nilWU,y IimUc 118 by ntMll.Mll., ,.
l.'ele ehuglng thim dlie,-y en Hull
mil) w'th dlshonoiabh rondtiit pid
'J1'""' to he determined, It a ltie to 21 v
'r"'s ,lll 'im! not ue "nihil ransc-d In
'),,,r lursiuerauon mm i-j-ciiiiiiiiiiior.
of w"h "",su , T"ey ,"' "'
the dlsehnrgo of theli dullc. according
to the nature of the .harges and the
source from which such tiiuges em-
anate. When a Judge tries and deter
mines a cause In connection with
which public charges against his Judi
cial Integrity have ben ,iuilUhcd, the
public as well as parties intercpte I are
titqucntly led by the plbllcntlon of
the charges to distrust tti) honesty
and 'nrJrtlallty of the decision, nnd
thus cotfldence In the admlnltstiatlon
oC J'lMlfE Is Impaired. It Is 1101 onl'
Important that the trial of causer, shall
to .tupartlal, and that .ho decisions nf
iho courts shall be Just, hut It U 1 11
portant that causes shall L" tiled and
Judgments rendered without bias, with
out prejudice or Improper Influents of
any kind. It Is not mrclv n. private
wrong against the rights of litigants
and against the rights of Judges, It Is
a public wrong, a crime against the
State, against tho decent and good
order of soclet). Thnt a rarty does not
succeed In such undertaking which he
manifestly Intends lessens Ills oflcnsn
only In degree. Ills ability to do harm
Is confined, it Is limited b) the t-.inwn
personal weaknesses of the wilter ot
such articles, and the cont'Mrpt into
which they generally bring him. Wo
feel quite sure that the publications
here In question have not In the Riast
deterred us from discharging with
fidelity our duty In the rase at bar.
They wer manifestly Intended to over
awe and Intimidate this court, they
appearing to bo put forth for the pui
pose of preventing a decision by the
Jury In favor of the defenJant. They
were under the circumstances palpatio
acts of Journalistic lawlessness and
anarchy, tnlculated to weaken the In
dependence of the court and to destroy
confidence In Its Judgment. To Justify
them Is to den) the supremacy of the
law, and to answer the doctrine of
newspaper absolutism under the guise
of a frc press. To admit that publish
ers may promote their Interests In
penning litigation by resorting to
methods not available to others. Is to
strike down our much vaunted prlncl
pie of "equallt) before the law," and
to declare that Journalists who choose
to become malefactors are a privilege I
class, and entitled ns such to go un-
whipped of Juitlcc Hut the law rec
ognizee no such distinction; It never
has recognized It It accords to pub
lishers sa)s Chancellor Wallworth. no
rights hut such as are common to all.
The) have Just the same rights us the
rest of the community have, no more
nnd no less A man who speaks In a
newspaper has no greater right Ihau
ho who speaks out of It. A newspaper
Is no sanctuary behind which a person
can shield himself for breaking tno
solemn laws of the land. We have not
acted In this case out of any spirit ot
tjpentment: Indeed, we have no rcison
to feel specially aggrieved. The natural
tendency of the article Is, however and
the cartoon Is to Interfere with unci
obstruct the due administration of Jus
tlce of this court
It Is tli, unanimous opinion of the
Judges of this court that tho defendant
should be held guilt) as charged In the
W. O Smith. In answer to the ic
marks of the court, said that there was
no necesslt) for a further showing on
tnc Prt ot the responden' , that .1
sworn retuin had been mad- in which
personal knowledge was disclaimed,
and that the cartoon related to the flrrt
trial a rase In which the decision had
already been given ,
Judge Clear replied that till contenpt
was not a constructive one, nnd that
that statute did not apply to written
or spoken, words, and consequcn'ly tho
defendant could not be putged of the
rontempt. He said he would consl lor
the disclaimer of personal knowled;
on the part of Sir. Smith In mitigation
of sentence In concluding Judge Ooar
"It U therefoie the Judgment of this
court that )ou be and )ou are hereby
Judge Humphrey, upon the leading
' of the return and answer of respondent
before the taking of evidence. 1 ad sal.l
to respondents counsel:
"I notice In )our answer that you
cxnrpeslv re'r.iln (mm ,!Unlil.i,ltm nn
In.nntlnnil ,,dnnl .llaKnan. ... .I.
presiding Judge of this coutt. Is that
Intentional 01 Inadvertent?"
Attorney W .0. Smith replied that II
was Intentional, and then Inquired who
,was hearing the case, stating that he
understood Judge Gear to be presiding,
Judge Oear lepllea that all three Judges
were sitting together.
dit. w . ... .
"as iar as iam concernea, )ou w
govern )ourself according.)," sal.l
i "V'e have tried to treat the court
with respect." returned Mr. Smith,
"Tho couit demands bucIi' treatment
ns a right, and not as a privilege." said
"I treat the couit with rwpect, ind J
demand the same treatment from tli
court," replied Sir. Smith.
The police rifle teams are to have
their hands full for the uext few weeks.
They have received chnllenires from
the guards at Oahu Jail and from other
parties The mounted patrolmen have
challenged the team that was captained
b " sueM KmS h
the mutch shot a week ago. Not satis
fled with all this, It Is now the Inten-
tlon of the police to challenge somo ot
tho National Guard teams .
An Injunction has been granted re-
"iibiiiiiib nie ua piu j ransu company
from continuing the extension of Its
road acres the Sun Kwock Slnti plan-
tatlon In the MiCully tract .
IN THE SUPREME COURT OF THU
TERRITORY OF HAWAII-Octo
ber Term, 1901. Amendment of
Itulo I Rule 4 of the Supremo
Court Is amended so as lb read as
4. Transcript of Evidence.
A suitable book shall be kept In tho
office ot the clerk of tho Supremo
Court In which any party, In person
or by attorney, desiring for uso on ap
peal, error or exceptions a transcript
of tho notes of cvldenco taken by n
court stenographer In any case, may,
after verdict or decision, enter his
name, the nnme of tho party ho repre
sents, the title of tho case, tho date ot
entry, nnd the name of the stenogra
pher. The clerk shall forthwith glvo notlco
of such entry to the stenographer who
took tho notes of evidence In tho case.
The stenographer Bhall mako nnd
furnish the transcript with all reason
able dispatch In the order of such no
tice unless otherwise directed by a
Justice of tho Supremo Sourt or a
Judge of a Circuit Court, and shall
note on the transcript too dato upon
which It Is furnished or tendered nnd
the name of the person to whom It Is
furnished or tendered; provided, how
ever, that In cases In which the ste
nographer Is entitled to pa)ment for
such transcript, ho may wlthlu flvo
da) s after receiving such notice re
quest In writing tho party or his attor
ney, who made tho entry, to deposit
cash, or furnish security, within ten
da) a after such request, sufficient to
cover the cost of such transcript, and
unless such request Is compiled with
within such time, such entry and no
tice will be of no effect and tho ste
nographer need not mako such trans
crlpt; nnd provided further that after
the stenographer shall havo made any
such transcript for whlth ho Is en
titled to payment ho need not furnish
tho same until paid for.
In case a party. In person or by at
torney, desires to make or procure n
transcript or copy of tho evldcnco with
out tho aid of the court stenographer
for use on appeal, error or exceptions,
ho shall obtain from a Circuit Judge
leave to file within a specified time
such transcript or copy.
Unless such entry Is mado or such
leave Is obtained within ten days after
the filing of the notice of appeal, or
the writ of error or bill of exceptions,
nnd unless such transcript or copy of
cvldenco Is filed within ten da) a after
It Is tendered by n court stenographer
or within the specified time when pro
cured without the aid of a court ste
nographer, such transcript or copy of
evidence will not be considered by tho
Supreme Court upon such appeal, error
Uy the Court:
Honolulu, T. H., Starch 12. 1902.
STOCK AND BOND BROKER.
HONOLULU 8TOCK EXCHANGE.
Orders for the purchase er sale ol
stocks and bonds carefitly and prompt
ly executed. Loans negotiated
Office Room 401, 4th floor, 8tangen
wald Bldg. Postofflee box 390; Tele
phone Main 331.
WILLARD E. BnOYTN.
W. A. LOVE.
Halstead & Co.,
ON SUGAR 8ECURITIEH.
921 Fort Street.
Stock and Bond Exchange.
Tel. Main 133.
J. H. FISHER
Stock and Bond Brokeis.
FIRE ASSOCIATION, of Philadelphia
WESTERN A88URANCE CO, of T
Offices Stangenwald Bldg, M
chant Street. Tel. ualn 3C3
TUB DOZEN FOR
A pure, delicious and healthful
drink made from tho Juice of Cali
fornia arape Fruit Non alcoholic.
Delivered free at thirty cents doz.
TEL. MAIN Tl
Soda Water Works Co., Ltd,
Telephone the P.VENINO DULL!.
TIN, Main 256, It ou have books to be
made, printing to be dono, etc., etc.
ind wo will call. We have men that
know their business, for that purpose.
yl m lliiljn,
xml | txt