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ESTABLISHED 1882. NO. 4S76.
10 PAOES. HONOLULU, TERBITORY OF HAWAII. THURSDAY, MARCH 24, 1910. 10 PAGES.
raici i cum.
-i, . i
By Grand Jury
Federal Inquisitors Return True
Bills Holt's I,egal Battle
Another IriUli of Indictments worn
returned ly (lie lnlto.l States Oram!
Jury tills morning as a result ut their
deliberations on tho cues submitted
to their consideration by United Slate
District Attorney llrecknns.
An Indictment charging Anderson
draco with murder In the second de
gree for the slaying of Wntchman
Mahu at Watertown. was returned by
the Oraml Jury und Grace was arraign
ed before Judge lloliertson nnd seii'
lence continued. Orace Ik allowed to
plead guilty to a chargu or murder In
tho second degree on Instructions ro-
celved by llrecl:ons from the Depart
ment oi Juitlce which lie rully Inrorm
c of the circumstances of tho case.
Indictments wcio nlao roliinied
ng-ilnst Y. Kubjyann. for violations
of the provisions of the LMiinmdi Act:
l.ei'ii lltng, On Young Tan l.o Tim
uniUOii Ylng Illng In cunnjctloil with
the onlum HniusTllug liivcsttititlnnt
Political Talk Of Business
Men-Quinn and Lane,
Among the political forecasts ot
the season Is a combination for the
nominations for Senator an the Re
publican ticket. One of the lists pro
posed among business men carries
theSiunies of D. P. 11. Isenberg, Sam
uel Parker and Cecil llrowu.
This In piesented as one of th
Wrongest vote-pulling tickets that
the Republican patty could possi
bly put up. The men named arc
old hands ut politics; they have serv
ed In various capacities and their
worth Is unquestioned, and their,
nomination would be a strong guar
antee for the success of the party
they lepresetit. Furthermore, It Is
not likely that their nomination
would,, rajse any seiious factional
One objection may be ruUcd at the
outset, however, because they are all
from the Fourth District. Accord
ing to the program of voluntary di
vision that has been"currleaput from
' time to time, the Fourth District' Is
untitled to but one Senator his year,
nnd the Fifth to two. This Is, of
loutso, an arbitrary understanding
of the political workers, und It Is
posslblo that the Fifth District may
wulvo Its rights undl'r tho old agree
ment, f It gets added representation
lon'tho county ticket.
Quirm and Lane.
One qf the recent developments ot
the situation Is the report that Jim
P.ulnn la to make Ills canvass for the
nomination for Major conditional on
the success of John Lane, Should
I.ane fall and tho tomblnatlou ot
three bieak the backs of all lis It
did last year, Qulnn Is said to bo In
line for tho position of 'dark horse.
Qulnti's statement on this arrange
ment hns not been heard.
Fool's Paradise Talk.
One of the Interesting features of
the present situation Is the conjee
turcs Unit have been offered to ex
plain the presentation ot Frank Har
vey's name for the post ot Delegate,
to run against Kuhlo. nvcryone who
Knows anything of politics knows
that Hnrvey Is a hold-ovor'Sonator.
nnd as he Ihtends to stay In politics,
lie und his party would be very fool
ish to Jeopardize this certainty for
tho groat' unceitulnty of a run for
Delegate against Kuhlo,
The fuels ure so patent that the
tutggebton of1 his name Is clearly u
pure Invention brought Into the dis
cussion nt this time for the pur
pose of puuuibly piomotlng thir-cain-
lh.it were Instituted Honict tiiTi iif;o bv
i Urn United States authorities.
! At 2 o'clock thin afternoon the legit
Ibatl'n begdi for Iho quashing of tho
(Indictment that was teiuriied hy the
Territorial Oraml Jury nguluit former
i.. ......... In..... tl.tl. n'l... ....
1114 ll'.nCSMIl UIIIl'll 111.11, 1 IIC lllll'l"
neyp rcprciieniing iioit
weie w. A.
i l.lnniw f 1.- I'rn.aiti. ..nil if i,m,.1.toiM I
'and the argument for the qimhlng of'
the Indictment wax directed at the as. I
' bi1ii1i.!mi 'llmt tlinnn Imui.f.itnallM '
nuiiiMivii iiitii i ii -1 v vta-i ii i vkiiiui jij
In the procedure adopted by the Grand
'Jiuy In tlnJIng the tine bill, charging
the former tax assessor with the crlma
Deputy City nnd County Attiirnov I
Mllveiton defended tho Oraml Jury
pioccdiiro In connection with tho Holt
indictment and had a laige" number, of I
authorities at hand In xuppnit c.f hlu
dtgiimont, " I
Tour Indictments wero placed upon
the cectet file.
. iii.iu sjuniMllui
NOT YET SIGNED
Contention Raised That
Bids, Were Not
Mayor Joseph J. Fern has thus far
declined to sign his name to a con
tract which will award the workiOt
laying a bltultthlc pavement on that
portion of Fort street lying between
Queen and Ueretanla stteets.
The city and county supenlsors by
n vote' of fourjo two passed a resolu
tion ut the las-meetlng of tho board
authorizing tho mayor and Clerk Ka
lauQkulanl to enter Into negotiations
with J. J. Oilman, representing tho
mtullthlc Paving Company and a con;
tiact wlilclf had .already been drawn
up by .Mr. Oilman and submitted to
City and County Attorntfy Mllverton,
was presented by Supervisors Qulnn
and this Is the document which Ills
Honor is at present withholding his
Mayor Fern has been looking Into
the legal status of -the propped con
tract with tho paving company und Its
local representative. Tho contention
has been raised that according to tho
power granted by the present charter
of the city and county ot Honolulu
all Improvement work costing over
flvo thousand dollars can only bo or
dered through competitive bids.
Tho paving, of Fort street will cost
In the neighborhood ot Boventeen thou
sand dollars. This flguro Is 6f sufficient
magnitude to bring tho letting of tho
contract to tho highest hjdder and In
tho caso of Fort street no suth pro
ceedlng was enacted. I
It Is possible that with MnyorTern's
Interpretation of tho law, ho may de
cline to Big tho contract with J, J.
Oilman undf n which caso the paving
proposition will again revort to tho
supervisors for disposal,
WAIT NEW PRICE ,
HIR HAW SUGAR
All tho stock buyers and sellois
want n new quotation for centrifugals
before they uro willing to become ex
cited, This Is obvious from a perusal
of thp stock sheet. Advance In beot
quotations has no effect on tho mar
ket. Hawaiian Commercial Bold on tho
board nt 41.25, a slight advance Oahit
dropped off another eighth although It
Is represented on tho stock sheet as
closing at 37 50 Hawaiian Plne-innlo
Tho Slock Exchange will celebrate
flood Friday by tuklng a vacation.
00T- Bill J CTIU 1st 0S -w
tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt
palgn of the prohibition people. Hut
Just how It can do this Is a great
question that might be solved only
by the occupants of the Fool's Para
dise Thurstou Is running.
CONSTANTINOPLE. Mar. 24.
Ambassador Oscar Straus left here
today for Cairo, where he will meet
ex-President Roosevelt. Mr. Straus
stated before his departure that he
was going to Cairo in response toa
request from Mr. Roosevelt. He was
!i.rtavir ai l?im m iv,A onH Tahnf.in
UbV.Vin. , VI WVilllltVlVb Mil MHWW1 111
.me Roosevelt Cabinet,
(Special Bulletin Cable.)
WASHINGTON, D. C, Mar. 24.
The pension aopropriation bill, car-
Irvine $156,000,000, for sensions and
the atomntnr or elehtee" subagen-
c,ei, passco. ine nouse xoay.
p i u J'-Afi
ro?Kr neafl "HLIFFMtlS AWAY
WASHINGTON, D. C, Mar. 24.-
Senator Foster of Vermont was to
day appointed chairman of the Sen
ate Committee on Foreign Affairs.
They Hurt Eight
PHILADELPHIA, 'March 24.
Eight men were injured here today
by the explosion of a dynamite
bomb under a police patrol wagon.
It is believed to be the work of
strikers or their symnathiiers.
From present indications, the
sympathetic strike of other workers
than the street railway men is dis
SAN FRANCISCO, March 24.
Beets: 88 analysis, 14s. 71-2d.;
parity. 5.13c. Previous) quotation,
Police Are Searching For
Filipino Without ,
This afternoon nt ono-lhlrty o'clock
a wurront was Issued for the urrest
of a Filipino named l.azarhv.who has
been engaged" in Ae Jjuslness of re
cruiting his counHmen for 'Jobs on
the mainland, TheWian has no license.
which would cost J5U0, and consequent
ly Is Illegally at work.
I Iazarlo Is said to have dispatched
thirty Filipinos by tho lost Alameda
1 ,0 u,e wut' ani " UCKCU '" have
ready to send fo,
ward on tho next stesmer.
Tho warrant wob sworif to by A. M.
Iliowp this afternoon and Judge An
dradu tdgned it. Captain Harry Lake
Is now locking for the recruiter nnd
will probably locate him before long.
The penalty for tho offense Is a line
not less than amount of the license,
viz.. !Ho hundred dollars.
DULLCTIN ADA PaV-
tt According tn thne who ouKht to tt
U know the sugar transportation U
M contractu a ruganls the future of I.
tt the eastern freights uro hanging It
tt on the remit (it some understand- I
tt lng that may be reached between t
tt Captain Mation of the Matgon X
tt Navigation Co., and Mr. Dear- t
tt hornet the American-Hawaiian .
tt company. , t-
tt It wan reported this noon that i
tt these gentlemen had not got to- t
tt gethcr nrnl there was no imnio- tt
tt dlate Indication that they wpuld tt
tt do W). Strungel) enough the tt
tt Sugar Factors' C. Ltd. does not tt
tt appear to havo the fay of how Its tt
tt sugars shall' be carr'od, If one tt
tt might hellep all lint I said. tt
tt Captain Mntson leaves on the tt
tt Wllhelmlnn Saturday and Mr. tt
tt Dearborn on Hie nest Pacific Mali tt
(Ohile and Peru
(Special Bulletin Cable.)
WASHINGTON, D. C, Mar. 24
Chile and Peru are afrain on the
verge of yar. The Peruvian Charge
d'ASairei hurriedly left Santiago.'
depositing the Peruvian archives
with the American Legation for safe
keening. The trouble between the
two countries has been augmented
by the expulsion of two Peruvian
priests named Tacnl.and Arica from
IINHFR HEAT flF FIRE
dN GREAT LAVA PIT
General John McClellan, writing
In a personal letter of his trip to
the noIcuiio, under date -of March 21,
says: "I have bud a satisfactory J
visit to the volcano caveral eenings
and the display In the pit was the
finest I have ever seen there.
"Hut this afternoon, desiring tov
see the new road, several of us took
an auto and drove to tho end of tha
new rooil and then, as the day was
line, we walked across to tho pit and
woie rewarded by u most unusual
and magnlllc-eut klglit.
"A large mass of rock had fallen
ilnwil firitu fllii uhlilr III tliii i, It linn
to the right of this und Just opposite K
the Rest House, tho bluff was melt
ing away and the face of It was i
mass of lire about' sixty feet high.
Ureal musses of rock above "were un -
dermlned by the flro and lava, and
rolled down with a great splash Into
the flowing lava In the bottom ot
tho pit, sending up rountalns of Are.
"The front of the cliff looked like
a waterfall ot glowing lava, and at
tlm llput llmi.ii Iho lii.nl tmrtinrl mil
, "It seemed as though the whole
cliff was beU'g eaten away by the
tremendous heat Inside, and It will
probably all be swept Into the pit
GAME ON PEOPLE AS
FAKE 'CENSUS MEN
Information has been received at
the Census OUlce to the effect that
certain canvassers In Kakuuko dl
1 1 let are representing themselves "us
The enumeration of population
does not begin until April 15th, and
any canvassers making such reprc-
KmuuuuB prior iu u uu.D ure iui-
posing upon the public.
Two sets of authorized agents are
now In the field: Those employed
by the Social Survey, who nre
Messrs J. F. Durao. David P. Ha-
nalo, En 01 Faim, Di'nld Ilray, Y.
Mlka.nl und Miss Edna M. Helsher.
., . - , I
agents ate guthetlng .ttl.po ' ,," peo ,e',,o" " Vuawnt Im-
nianufacturers Tesf a,e wliu exlecl , rBltaHCl, nn
Messrs, Wulter C. Weedou, V. E,
Shaw, Woug Tin Look and V. Ml-
Kami. These will be tho only agents
employed In field work
prior to the
WA8HINQT0N. D. C, Mar. 24.
Investigation of the charge that im
proper influences hire been brought
to bear to secure the passage of ship
sulsidy legislation is the next thins;
on the boards in the wnv of in.
quiries. The Judiciary Committee
of the House has reached a decision
on thr matter and will report to the
House tomorrow recommending that
the inquiry be instituted.
,- (SpecialTJulletin Cable.)
WASHINGTON, D. 0 Mat. 24
The Democratic caucus will proba
bly select thefollowing members for
the new Rules Committee: Cfiamo
Clark of Missouri, Underwood of
Alabama, Fitzgerald of New York,
and Dixon of Indiana.
-. ,. sTkSSl.
WASHINGTON. D. 0.. Mar.
The la.lroad administration bill, in
a much-amended condition, was to
day reported in the House.
All Cairo Gay
CAIRO, Egypt, Mar. 24. Colonel
i?0051 was given a great ovation
nere louay uy me people oi ail
classes. Aside from the street dem
onstrations, the principal incident
of the day was his call on the
SAN FRANCISCO, Mar. 24.
Frank J. Svmmes was today ap
pointed to the position of receiver
for the defunct California Safe De
posit and Trust Company, in place
of Mr. LeBreton, who died recently.
Committee Visits The
Mr i,Bnbltt of tll0 ,,im,ters' labor
'bureau went down tho railroad this
piornlng accompanied by a committer
of Russian Immigrants to look ocr
the lionres and other opportunities for
comforts as well us work that aro or-
'n'1 l,y ,ho "'"'""'a. Agricultural
t-irT":. i ......,., ..
! miinillliwn ' nillimuil 1ll v
Dovwi at Ewu plantation houses for
Iho IlusslupB, urn steadily going up
i Continued on Page 4.
Higher Wage Association Organ j
Hecauo of n claim amounting to
tho sum of IMfiii.'ji an attachment was
levied thin morning i.n thi Nippu JIJI
Company by the attorneys of the
claimants, tlje Iluwallnn News Com
pany. The amount for which the attach
ment was levied Is due on a note ad
vanced tiy tho Nippu Jljt Company to
cover a portion of Its. obligations foi
material furnlxlied by the Hawaiian
.Vews Company to the Nippu JIJI Com-
The Mppu JIJI. which whs the organ
of the agitators during the higher wage
Ml r III riSr
n vi i. is vii vnk
IN THE SUPREME COURT OF Tllti
TERRITORY OF HAWAII. '
OCTOIIER TERM. 1909.
FREDERICK J. IAJWREY. J1KOROK contract expressly stipulating for the 1
rP.-'OA"8Tt.E-ANt)"-VIU.U'3roi'il,"''m,'n,-or'1nMet'' They cl.ilra-i?
BMITII. TRUSTEES, V. THE
Trnmmnv nv iiiwim
MOTION FOR JUDGMENT I
Argired March 21, 22, 1910.
Decided March 23, 1910.
HARTWBI.!.. C. J.'. PERRY AND DE
Attorney's commissions and fees
are not recoverable against
the Territory (following How
ler v. Hoard of Immigration,
and Cleghorn, Collector General
of Customs, v. Luce, 7 llav;.
Judgment nunc pro( tunc.
ft. Judgment in this case Is en
tered at the, date of Its rendi
tion, and not "as ot" the dato
of a former Judgment which was
reversed on appeal to the Unit
ed States supreme court.
OPINION OF THE COURT Y
HARTWELL, C. J.
The plaintiffs claim 1382.50 as at
torneys' commissions as In actions of
assumpsit, and $31 for other attor
neys' fees named In the statute upon
a Judgment In their favor for $15,
COO ordered by the United States
supreme court reversing the Judg
ment of this court in an action
agtlnst the Territory to recover that
sum for breach of on agreement
made with the American Hoard of
Toielgn Missions by the government
of the Hawaiian Monarchy In 1849
lhat In catrjtng on tho Lahalnaluna
tchool It would not "teach or allow
tn he taught any religious tenet or
doctrine contrary to those thereto
fore Inculcated by the mUslon und
expressed In the Coufesslou of
Faith," set forth In tho opinion In
19 Haw. 123, 131, 132.
In Howler v. Hoard of Immigra
tion, and Cleghorn, Collector General
of Customs, v. Luce, 7 Haw. 715
(1889), It was held that attorneys'
fees .and commissions were not re
coverable agalnBt tlio government,
the 'court sa)lng (p. 71):
'We think It a sound principle
hat where the Government eo
nomine is sued or brings a suit, or
where a department or bureau or of-
Mrer of the Government has brr tght
suit or Is sued concerning t.i 'ter
which in fact is uot personal, but In
volves a claim ot the Government
as plaintiff, or a liability of the
Government as delendunt, the plain
ttlf recovering should not have Judg
ment for attorney's fees or commis
sions, nor should tho plaintiff on
los.ng be taxed with attorney's fees
ami commissions on the amount sued
The practlco undoubtedly has
since conformed to this ruling and
we tee no reason for reconsidering
nr reversing It, Tlie plaintiffs claim
In tbelf petition, which Is not entl-
LT, at ps.t I. for
"J""1- ' f"r,
thousand dojlars" for which they
pis) judgment, not asking costs.
alntlffs also ask that their
t be "entered as of Septcui-
On Nippu Jiji
strlko or last war In now In seveM'
financial straits and It Is believed that'
todays nttuchuiiiit proceeding are sim
ply tin. tlrst of ninny that will bo In.
rtltuted. The editor of tho JIJI.. Soga
Is now sertlng his scntcnrtt of ton
months' imprisonment with his three
conferes, llnklnii. Tasaka nnd Negoro
who were eomlcted with him on 'a
charge of conspiracy.
This afternoon It was stated that K.
Ono. one of tho shareholders In the
paper hint reached an agreement with
the attorneys of the Hawaiian News
I Company regarding
the pa) ment of
iter S. 19nx." the date of the Judg
ment fur the defendant which has
bett leveiM'd, their object being to
''tln Itilcrt-st on I lie Judgment from
the statute declarltm (Sec.
1 1007 It. I..) that "no Interest shall
I be allowed on ajiy 'claim up to tho
) (line of the rendition of Judgment
i be. eon by the court1 unless upon a
"'"'" " u V T .T. U"reme
tt011" !' held that this court ,wa
in error they have been wronged
and kept out of the use of the monif
since the date of our judgment
against them, and that It Is equita
ble that the Judgment in their fa
vor be antedated. The Territory op
poses this claim nnd submits that
the statute does not allow Interest
after Judgment unless stipulated for
It Is unnecessary to pass upon
this matter, but only to declda
whether the Judgment shall bo' en
tered upon the day ot Its rendition
or bo made retrospective In effect.
It Is true that, overruling this court,
the United States supreme court held"
that the Hawaiian government en
gaged to teach "tho definite relig
ious doctrine expressed In the con
fession of faith," and ihut It was
not enough "that religion should be
tnught, and that (is taught it should
not bo contrary to tho doctrines men
tioned." or thut "from 1"7 until the'
present dato fhe course ot religious 4;
Instruction has been substantially the
same," and that It there had been?
any breach ot the agreement ns early
as 1877, 'acquiesced In 'by tho par
ties, this would not amount to ui'.
waiver ot the plaintiffs' claim.
The statute, however, is impera
tive In prohibiting Interest prior to
the time of the rendition ot Judg
ment. Nor does the case come with
in the class In which delay ot tho
court In coming to Its conclusion or
the death of a parly after the trial
and submission of a causo requires
that the Judgment be gtvon effect.
It at all, as far back as the day of
submission. Sea 1 Freeman on ii
Judgments (3 Ed.), Sees, 57, 68.
i no juagmoiit must no dated on
the dny of Its rendition, and Is to be'
entered on tho same day,
D. L. Wellington and C. II. Olson
E. W. Sutton, Deputy .Attorney
General, for the Territory.
H. M. ALEXANDER .
DIES AT HAIKU
Through Hut deutli yesterday at
Haiku, Maul, of Henry Martin Alex
ander, Miiul has loht n citizen who
was favnrab.y known throughout tho'
Mr Alexander succumbed to nil at
tack of heart falliiri) ami the funeral
services will be held to try He was
a hi other of Prof W. D. Alexander,
Mrs. C. 11. Dfckoy, Mr. II. P. Hald-.
win, Mrs. James Alexander, Mm
Charlotte Alexander, Mss Mary J. Al
exander und the latiAs. T. Alexander.
Mr. Alexander has been engaged InN
tne pineapple business. '
THE LAST wireless report received
from tho Paclllc Mall liner Korea gavo
Tl0 x(llgo , MIICCtea (Q Brrv5 rom .
sun Francisco on Monday morning. . 1
15th of April.
1 - . V,V' , ' " , J. i. "i '''
.n.rfL All Hili 'iiVililWlfl '