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rf,r ,.-. r-'fj(Pj!W-vwn'i?' UJ3.-CW I III I I'M ! Ill" " ' tbv 'T I'-ie ' Evening ' Bulletin From San Francisco: . Chlnn Jan. 23 For San Francisco: Mongolia Jan.. 29 From Vancouver: Aorangl . . .,; Feb. C For Vancouver: Moana Feb. 3 Nearlv everyone rcids a newspaper. About all the particular and discern- - ing people in Honolulu read the Bulletin. A Want Ad. in a pa per like the Bulletin is sure to I reach people that can and will buy. K. 3:30 EDITION NOTHING MAKES BUSINESS SO QUIET AS A LULL IN ADVERTISING VOL. XI. NO. 4215. 8 PAGES. HONOLULU, TERRITORY OF HAWAU, FRIDAY, JANUARY 22, 1809. 8 FAOES. PRICE 5 CENTS. t ru z y Kingsbury SENATE TO KAHULUl SURVEY MONEY ASSURED WASHINGTON, D. C, Jan. 21. The appropriation item for the sur vey of Kahului harbor is assured of passage at this session of Congress. TIiIh cablegram received Into jesterday afternoon means that the work started by the Kalitilul Railroad Company for the development o( Kahului harbor will be taken up by the Federal (lovernment. Tha sur vey In tlio llrst move. SALARY DEMAND IS UP TO MAYOR Will the Mayor countersign Iho snlary demands passed last night by thu Ikranl of Supervisors, or will ho not? That Is the (mention that ev crjbody Is asking at the City Hall this morning. Thu Issue Is squarely up to the Mayor, according to tho City Attorney's oHlce. and, whatever his action, It Is believed that a spee dy setlement of at IcaBt a part of tho differences between the Maor umt the Hoard of Supervisors can be bot tled. TJie salary demands, passed last night by tho Hoard, are now in tho Mayor's possession, he having asked time to consider the mutter bofoie nmxlng his signature or returning them unsigned, lie bus been grant cd the time, as required by law. Should the Mayor countersign the demands, the Auditor will Issue war runts and the Hoard's emplojes will be paid. Should the Mayor decline, to countersign them, the matter will be taken into the courts at once, there being something to hang a test case on. What action tho Mayor proposes to tako with regard to the salary do ma mis, he declines to say. Ho Is pro bubly contemplating seeking legal counsel to determine. JusJ; what hU tights innybo In the matteV. The law does not say that the dc- jnnnds must be approved by the May- iii, but that they must bo "counter signed." Deputy City Attorney Mil- vcrton holds that the countersigning or tho demands, after they havo been puBsed by tho Hoard, is a routine action concerning the performance of which Iho Mayor bus no discretion. Ho is inclined to balleve that tho Mayor has no authority, under tho law, to hold up tho demands, or to decline to placo his signature thcic to, It the Hoard lins decided that they shall bo passed. Should tho Mayor decide other wise and refuse, to countersign the salary demands, the matter will be taken Into the court. Probably the White Serge TROUSERS SOLID WHITE AND STRIPED ?P and 5p Oil These are all new Spring Goods, and correctly tailor ed in the Spring Fashions. Take a look at them in our windows then come, in and try on a pair. They give a stunning effect with a dark coat. first move of the Hoard will bo to bring action on tho ground that the Major has no discretionary power re gaidlpg tho countersigning of de mands. Should that full to hold, they may work on the basis that the de mands, having been legally passed he had no valid reason for holding them up. Kegnrdlng the appropriation bill, passed last night over the Mayor's veto, Mttverttm calls attentiou to Section 20 of the MunlcIpal'Act, which" says "... the Mayor shall return m Mi bill or resolution to'the Hoard wlthliwten days after receiv ing it, .- . , If he disapprove It. he shall upeclfy his objections thereto In writing. . , "The objections of the Mayor shall be entered at large In tho Journul ot the Hoard, and tho Hoard shall, after five days and with in thirty days, after such bill or res olution shall havo been returned, reconsider and vote on the same. If the samo shall, upon reconsideration, bo aguin passed by tho afllrmutlvo voto ot not less than flvo members of tho Hoard, the presiding oincer shall certify that fact on tho bill or lesolutlon . . " As to what action he wjll take. If the demands are presented to htm, Auditor Hlckncll will not say. He states that ho has been considering the matter carefully, and has taken counsel with Iho City Attorney's of fice, but is not prepared to hazard a guess at this time concerning his piobalilo action. It Is generally be lieved that ho will-make out tho war ning. This morning tho City and County (Continued on Page 2) We Ship Fruit again by the Hiloiiian, Jan. 26, DON'T FORGET!! Island Fruit Co., 72 S. KING. PHONE 15. INVESTIGATE SUGAR TRUST LANA1 DECISION RECEIVED TODAY Justice McKenna Wrote Opinion Upholding i Territory Copies ot the opinion In the I.ant.1 else were received today. I.. (,. .Me Cnndlcss was n;ktl whether ho In tended to 4'i any further with (lhi mutter and stated that he would hao to havo time to consTTer. The opin ion of the court follows: I,. I,. McCandless, l'lalntlfT In Krror, 'vs. James W Pratt. Commissioner of Public Lands of tho Territory of Hawaii. In orror to the Su preme Court of tho Territory of Hawaii. (December 21, 190S.) Mr. Justice McKenna delivered tho opinion of the Court. Tho plaluilff In orror, who was plain tiff In the court below, and whom therefore wo shall refer to us plaintiff, brought this suit In the Circuit Court of the First Judicial Circuit. Territory of Hawaii, at chambers, to enjoin Cloorgo It. Carter, Oovernor of the Ter ritory, and the defendant, Commission er of Public Lands of the Territory, from exchanging certain lands of tho Territory for other lands. The governor promulgated, on 29th of November, 190G, tho" following ord er: "Lanal Uinds Nbtico Is hereby giv en that having decided an exchange ot the imbllo lands ot tho Island Of Lanal to bo advisable, the commissioner of I ubllo lands Is prepared to rcce( vo of fers of father lands that aro equal In wiluo to those of Lanal, and of grcnter Immediate service to tho Territorial government, from any responsible per son, up to and Including Saturday, thu fifteenth day of December. 190C." Tho Island of Lanal contains u total area of 8C.40U acres, of which tho Ter ritory owns 47.G7U acres. The lands owned by tho Territory aro divided In to flvo tracts, and are under lease to one Charles Gay fof unnual rentals which amount In all to tho sum of 11600. Theso facts aro alleged In tho bill, and that tho tracts aru of great Value one containing 8000 acres ot land, which is good grating bind, and has thi co miles ot sea frontago, and extends luland six miles, bolug worth JJO.000. Another tract. It is ulteged. Is of tho same kind ot land, and has a sea frontage of Iho and one half miles and an Inland depth of six mllos, und Is worth J37.000. Tho other tracts aro of tho yaluo of $5,000. It Is alleged that 1'ratt, as commis sioner, threatens to and will exchange such lauds for other lands If ho re ceives nn offer therefor from n re sjionslblo person, nnd that thu govern or will consent and npprovo tho ex change unless ho and Pratt bo en joined. It Is further alleged that Pratt has no legal right to make tho ex change nor tho governor to approve It. It is further alleged that thu Intend ed and proposed uxchango ot lands "Is not proposed by way of compromise or equitable, settlement of tho rights of any claimants, nor by way of uxchango for parcels of lands acquired (or any road or roads, nor for a situ or sites of u government building or buildings, nor for any other governmental pur loso or purposes." An Injunction was prayed against the exchange and against Issuing land patents for thu lands received In ex change.. A teniKirary Injunction was ( Continued on Page 3) Make Your Will Now - When you put off making out your will because "there's plen ty .of time for THAT.' you are forclngayour family to take a risk of toting the estate. There's no reason for putting It off when we are willing to pre pare your will free ot charge. Succeeds TURN LAND LAWS I CARTER CASE CALLED OVERTOLEGISLATUREpAR0DY ON-JUSTICE I " -f The following' bill was Intro- f duced by Delegate Kulilo Jan. 4: A Hill lo amend an Act entitled "An Act to provide a govern- went for the Territory of llu- f woll," apprtived April thirtieth, -f nineteen hjindred. He. It enacjed by tho Senate -t- and lloiiso ofjtlcpresentatlvcs of the United Spates of America In Congress assembled, That sec- Itou suventyjtnrce of the Act en- titled "An Act to provide a gov f ernnicnt for the Territory of Ha wall." approved April thirtieth, -f nineteen bundled, be amended by tho addition of the following- "Tho leglslatiuo of the Territory of Hawaii shall have power to -t-alter, amend, or repeat the land laws applicable to the Territory on and nftor the paisuge of this -f Act " t- FILES DELINQUENT LIST Something' will Be Doing In Upfinished -Cases A roll call ot Uttlwuurt adminis trators, ,executors and guardians has been compiled by Clerk Hlmonton of Judge Hobinson's court and has been submitted to tho Chief Justice. In tho report Slmontou says: Honorable A. 8. Hartwoll. Chief Jus tice ot the Supreme Court, Terri tory of Hawaii. Sir: Following Is a memorandum ot probate matters pending In Circuit Court of tho First Judicial Circuit. Ter- rltory ot Hawullpnnd remaining und In IHised of, Instituted and commenced before tho Honorable V. J. Iloblusoii, Third Judgo of said Court, from the I7th day of February, A, D. 1902, tho date, on which ho took ofllco as such Third Judge, up to and Including tho ist iiny or uecemner, A. u. 1908: Prior to January. 1908. each Circuit Judge of the First Circuit presided ut chambers and took up probate and oth er chambers matters from onu to three weeks, when all such matters, under rules of Court, wuru taken up nnd dis posed of by tlio other Circuit Judges In rotation. Under tho system then In voguo It was practlcallyslmposslblu for clthor of tho Circuit Judges to know tho exact status of uvory probatu manor osmunenceu uvroro mm; but under tho present practice, whoro each Circuit Judgo presides at chambers for ono year. It will be an easy matter to keop In touch with each and every pro ceeding had and taken by executors, administrators and guardians in Uie discharge of his or her trust. So far as tho matters heretofore referred to as remaining undisposed of are con cerned, I am forced to the conclusion that negligence has been shown by tho various executors, administrators and guardians named. In order to ascertain the exact num ber of probate matters remaining un disposed of, Instituted nnd commenced ncroro tlio said Third Judgo, I exam ined tho Index to tho Clerk's minutes I slncq the date of tho taking of onicol by said Third Judgo up to and Incliid- (Continued on Page 4) WE SO THE BUSINESS because we have the boyi who realize the value of Time, We should have A Little of Yours. TERRITORIAL MESSENGER SERVICE. PHONE 381. f SIMQNTON Mrs. Kaae Must Hurry Or Risk Removal And Penalty It now seems as Iflhc end of tho litigation In thu matter of thu estate of Margaret V Carter, which has been dragging on In thu Circuit Court for tho past six years, was Dually In sight. Today Judge lloblnson from the bench expressed his dissatisfaction with the way In which things had been going, or rather standing still, and whllo ho granted the continuance which was, us per usual, asked for by the ex ecutrix and administratrix ot thu es tate, Mrs. Jessie K. Kaao, ho de clared that In QKfr her accounts were not In shape within live days, ho would bo ready lo tako drastic measures. Thu matter was brought up on a motion filed by the guardian of thu tight minor children or thu latu Mrs. Curtor, IMgar Henrlquus, that thu ad ministratrix be ordered to show cause why she had not filed her l)nal ac counts, although she had been ordered to file, them by last July. C. W. Ash fqrd represented Mrs. Ktue and E. A. Douthltt thu guardian Ashford began by stating that tho mutter of the accounts had buan In thu hands of hlnwulf and John Colburn, the Mimiginan o; mo, aciminwrsirix, anu Mrs. Kaae was theruforu not to bla'ino. In Order (o complete the accounts cor lulu documents, which wero. In Col bum's OHKeslQn, must be consulted, but lheo,'httd been tnlslld, und had t-.ot beon re-discovered beforoljibout Christmas. Since tho last order hod been issued neither Colburn nor Ash ford had had the time to attend to theso accounts, as their timo had been occupied with other pressing matters. "This matter should have had your first attention," said Judge lloblnson. "It Is a parody of Justice It Is soveu years that this mutter has been drag- gllng along. it has hung over my head llku tho sword of Damocles ever since I have been on the bench." Ashford said It had, not been such a long' time as' -Lhut) but Douthltt showed by record' that -tho will had been Jlleil tor iit'iitit six Voars-ago; Ashford asked tor a clntlnuanco for .ftVo days. Tho 'Court held that this was nn un reasonably long Uino, .especially In vlow-wf tho fact that dining alt thoso years not a singlo voucher hail boon filed showing thnt anything had been spent for the maintenance of tho chil dren. "There Is no provision as to that In tho will," said Ashford. "Thero cannot bb under tho law," answered tho Court. 'Tho estato should bo promptly scttlod In ontor that tho beneficiaries riiay get tho ben efits from It." After somo further talk about the continuance, during which tho Court usked Douthltt what ho had to Bay aboiit tho mattor, and received tho re ply that Douthltt would leavo It In thu hands of tho Court, thu motion was granted. , "I will contlnuo tho matter until noxt Wednesday," said Judgo IlobliiBon. "With tho understanding thnt If the accounts are not then presented, tho Court will entertain a motlou for nn order.to show cause why tho executrix should not only bo removed, but ulso piinisucti. ' Thomas A. Day, pioneer and con tractor of Ban Francisco, stricken by death nftor dressing In bedroom. Imported Candy SILVER DRAOEES. FRENCH GUM DROPS. ALEXANDER YOUNG CAFE. Kepoikat MAUI JUDGE NAMED WASHINGTON, D. C, Jan. 22. SeUen Kintrsbury has been appoin ted Circuit Judge for the Maui circuit to succeed A, N Kepoikai, resigned. BATTERIEHWAI! WASHINGTON, D. C. Jan. 22. The Fortifications JilU introduced today carries an item of $337,000. for coast batteries for the defense of Hawaii. A million dollars for the same purpose is given for the Philip pines. Investigate Sugar ... ... i WASHINGTON, D. C, Jan. 22.-rThe Senate has asked for the cor respondence relating to tb absorption of the Pennsylvania Refining company oy me sugar xrusi. Two Battleships WASHINGTON, D. C, Jan. 22. ate for the construction of two additional battleships, and hns retained the Ave destroyer favorably repot - up 160 Drowned JOHANNESBURG, Sith Africa, men were drowned today in a flooded white men. EARTHQUAKE SMYRNA, Asia Minor, Jan, 22. An earthquake shock was experi enced here today. CONFERENCE WILL FAIL LONDON, England, Jan. 22. It Naval Conference will end in failure. CHIYOMAKESTIME Flvo tluys and twp hours from thu time sho left Hnckfcld wharf hcioj until she reached San Francisco, was the record made by the Chlyo Marti from heru to San Francisco on her maiden trip. A cable, received here, was thought npt unlikely that nn uf unnounces that tho Chlyo reached tho fort would bo inadu to lower tho roc City of tho (lolden ante ut 1 1 o'clock ord made by the Tcnyo. this morning. At Just 9 o'clock Sunday morning kho Chlyo backed out of her berth nt U'e Huckfeld wharf hero and be gan to turn around, preparatory to starting on her run east About un hour was used up in leaving tho har bor, so tho stnit (rum outside tho I -J 'Jsr. Aiiglo-Callforulau bank and London Paris national of Sail Francisco uie consolidated. Differences between C. C. Sttivonson and his daughter, Mrs, Albert Ke.'irn, stir fiishlonable church In S.in Rafael d In a Store in which all the Attention is centercl upon ONE ARTICLE. x Buy Them from Us Because we have the finest nnd largest stock of Roods to se lect from, SATISFACTION GUARANTEED O The House lias voted to appropri t:d by th: Naval Committee. Jan. 22. One hundred and sixty gold mine. Ten of the number were AT SMYRNA y is believed that the International leets was made at about 10 o'clock.' For the Mrst two dajs of tho tllp tho Chljo kept up u rccurd-hrcaklu clip nnd, as tho lce president ot tht To)o Klsen Kiilsha was on board. It i The lecord of five days nnd one hour Is second only to thnt hold by the Ten) ii That Mlip mndo tho dis tance, on her mnlden run, In foui (Iii)h ami eighteen hours. Thu two next best ireords wero made by tho Nippon .Muni nnd tho China, both fit ii days and two hours. ' ' . The Improvement Clubs' commlttiK on tenement legislation recommcniU It o passage of nil act giving thu super Uois iHiwer to rugulntu pol shops, llshmiirkets, carpenter shops, etc. Buy Your Shoes '; 'I Wicker Chairs, Rockers, and Tables NEW LOT JUBT RECEIVED. J. Hopp & Co., (LEWERS & COOKE BLDG.) Hawaiian Trust Co. LIMITED 023 FORT ST. The Kash Co., Ltd., Corner of Fort and Hotel Sts. Manufacturers' Shoe Co., Ltd., 1051 FORT ST. The Place To Buy Shoes, TEL. 282. ,,,. - . . . ...Jr .lA. , . uu .- .j- 'SI i istjfcM.iikiiilini'-r