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EVENINQ BULLETIN, HONOLULU, T. H, FRI JAY, MAY 3, 1912.
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DAILY and WEEKLY Published by BULLETIN PUBLISHING
CO., LTD., at Kerr Building, Alakea St., Honolulu, T. H.
Daily every day except Sunday. Weekly issued on Tuesday.
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in the Territory of Hawaii.
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Business
t-RIDAY
"As fast as the imlinct and hitbil of self-government is acquired by llic
people at larsc, and no faster, the fulL-tl possible measure of local and fiscal
itll government should be granted." President Taft.
THE HOMESTEAD DECISION.
"1 lie gcncr.il pwKMC and intent of lliose portions of (lie statute may lc
Lticfly slated to Lc llic settlement and occupation of agricultural lands by
cilifcn farmers and llic encouragement of llic diversification of local indus
tries or .oci.il, Klitical and material benefit of llic country."
"If lie has acted pursuant lo popular impression that title to public land
may be acquired by a mere semblance of the performance of the conditions
required by law lo be performed, he i the victim of an erroneous idea."
These two sentences from Chief Justice Robertson's homestead law deci
sion representing the unanimous opinion of the Supreme Court of the Terri
tory sound a keynote on the homestcading controversies of the Territory that
ring Irue in their interpretation of ihe "Americanization of Hawaii" by legit
imate and permanent homesteaders.
It is gratifying that the law of the land is at least sufficient to protect
the Territory from alleged homesteaders who remain on the land only to
get it and turn it over to another. I laving reached that point, the people arc
now in e position to shape laws and policies in n manner that will create con
ditions attractive to the permanent homesteader. Let us hope this will be
donr. Generally speaking the average man in searching for an opportunity
lo make n home will gladly settle where he can make a good living, as a
rclutn for his own labor.
BUSINESS MEN W GOVERNMENT.
Special attention is called to llic Graphic Charts on the municipal admin
istration of I lonolulu published with this issue.
The Bulletin has in a previous issue voiced the conclusions which
in its estimation, may be properly drawn from the investigations of Expert
Field.
Consequently it desires at this time to have a little side talk with the
members of the Chamber of Commerce, who we assume are deeply inter
ested in this whole matter.
As the Bulletin understands it, there is a question about carrying
the investigation further than the City and County "because it costs so
much." This element of cost of investigation seems to cxcrt an overwhelm
ing control, because Mr. Field has said lhat every line follows directly back
to the Territorial Government and lo get at ihc bottom of our governmental
inefficiencies the Territorial system must be studied as carefully as the mu
nicipal. The Bulletin is publishing the Graphic Charts loday because it
appears that ihc Chamber of Commerce did not have the available funds to
publish them with the original pamphlet.
This publication the Bulletin is only too pleased to contribute but it
begs to suggest in ihc same spirit of business candor that has pervaded the
Chamber of Commerce's desire to learn all that it can of the municipal gov
ernment, lhat a business organization representing aN good many millions of
lapaying proprily ought not lo pursue a penny wise and pound foolish pol
icy, once it starts out to get information regarding the management of our
government. It is a good business axiom that what is worlh doing is worth
doing thoroughly. If the Chamber of Commerce stops now on account of
"the expense" it must not feel injured if the sincerity of its purpose is seri
ously questioned. t
Really, gentlemen, you ought to be as ready lo spend, in analyzing the
costs of government, as much at least and perhaps more than some of your
members have Iwcn willing to pay out in an effort to "keep politics clean" by
tarrying a primary election.
It is the old, old story. If the good citizens and business men will only
give the time and thought to affairs of government which the importance of
the subject demands, they would have no occasion to complain of conditions
for which they arc in a very large measure responsible and furthermore they
would not be called upon to spend so much money in "carrying an election."
Competent popular government is based on an enlightened and intelligent
citizenship. It is far belter to spend money on education than to pay it out
in other channels during ihc months of the campaign.
THE PRESS AND TUBERCULOSIS.
Tho .National Association for the
Prevention of Tuberculosis Is not
backward In acknowledging tho ns
Rlstaneo to the movement that Is giv
en by tho press of tho country
EVENING SMILES
Helen I positively dread tho
thought of in v thirtieth birthday.
Lillian Why worry over tho past,
dearie?
"Do jenr think a husband has n right
to open hla wife's letters?"
"He has tho right, perhaps, but
l'nrdly over the courage." '
"Prlsonor," said the Judge, solemn
ly, "are you ipillty or not gulltvv"
., "Well," ftnld tho pilsoncr, ','J'm not
Bulletin
2185
2256
Office,
tt.ured M Ihc Pntntt)c si Honolulu
t. .eitinil clt.9 mattcf
MAY 3, 1912
"Publicity Is tho very heart of tho
educational campaign against tuber
culosls," says Dr. Livingston Farrund,
tho executive secretary of tho Nntloii-
ul association. "Jjirgcly becauso of
tho Intelligent co-operation of the
press, has the anti-tuborculosls movo
ment In this country been able to be
prepared to say until my lawyer got
through bargaining for my eentenco
with tho prosecuting attorney.
"Your honor" said the arrostod
chauffeur, "I tried to warn the man,
hut (lie horn would not work."
"Then who did you not slnckon
epeed rather than run lilm down?" I
A light scorned to dawn upon the'
prisoner. "That's one on me. I novcr
thought of that."
conic, ns It Is, the greatest organized
movement of Its kind In the world.
When tuberculosis shall hnvo bcconlo
u tnro dlsensc, tho American press
mny justly claim a largo stinro In this
gigantic achievement."
According to an estlmnto Juot Is
sued, no less than liOO.OOO Inches of
space Is being given nnnunlly by the
newspaper nuil inngnzlno press of tho
Pnltcd States In forvvurdlng the cam
paign ngulnst the Great White PIngue.
During the last four )ears the press
mutter published on tuberculosis
vvoutd, If gathered together, extend
more than 90 miles.
Tho vvnr upon tuberculosis Is gain
ing strength nnnunlly and already the
death rate for every 100,000 of tho
population hns been decreoed from
1S0.2 In 130G to 100.3 In 1910 This
means more than the saving of life
for according to the estlmntcs of Pro
fessor Fisher of Ynlc tho total cost
nf tuberculosis to tho United States
nnnunlly Is In excess of $1,100,000,000.
THE PATENT DECISION OF THE
SUPREME COURT.
Knur of the Judges of the highest
court In the land recently decided that
the patent laws of tho United States
Klve ii patcntoo the right (o say, not
only who shall use his patented Inven
tion, but how thoy shall use It after
Miry buy It, and that an Invader or
violator of this right mny be sued In
n Fcdrral court as an Infringer, In
stead of In n Stale court, If the pat
entee chooses to stand on his patent
rights Insleud of on any contract
which he may make under State laws
mid under which he sells Ills patented
Invention A clear Idea of the Im
portance of tho decision Is given In
nn article by Frederick Uenjamln, In
tho May Popular Mechanics Mngiulno
He states:
"Three of tho Judges bellovo this
decision will give tho Federal courts
greater power than they should have,
and will enable tho owners of patents
to dictate terms on which their pat
ented Inventions may lie used that
will work great hardships to the pub
lic "If tho dlro consequences, which
tho minority of tho court assume
would flow from such law, havo not
resulted during tho years of trust nr
Rnnlrntlnn and power, why fear such
conditions In the future?
"The public wants uni
formity In tho Interpretation of the
laws, and this It Is much muro likely
to get In tho Federal courts than In
the courts of nearly RO States, each
hav Ing Its own notions of the law it ml
without nny obligation to ngrco with
each other.
"Hut for tho Inventors there would
bo no progress; If It were not for lib
eral patent lnvvs there would be no
Incentive to Invent; billions nf dol
lars have been Invested on tho
strength of protection afforded by pat
ents under lnvvs which have been uni
formly Interpreted by tho courts over
Blnee they were enacted; our country
hns progressed nnd prospered as a re
sult of tho efforts of our Inventors
protected by theso laws. Such condi
tions should not be disturbed, nor
even threatened, In tho ubsenco of n
clear showing that some other laws
or differ cut conditions would bring
about better results."
The Ohio ciiiisllliitloM.nl convention
adopted. Ml to 34, Delegate Pierce's
proposal abolishing capital ptinMiment
The prnpiwnl contained nn nineiidinerit
providing life Imprisonment for tlrst
dcgite murder
Confidence
Tho efforts wo have made
to supply a pure, rich milk,
and the success that hat
attended upon these ef
forts, havo oiven a feeling
of security to all users of
our milk.
Every dairy contributing to
this Association is kept In
a perfect sanitary condi
tion, and tho Territorial
Veterinarian cortlfies to the
health of every cow.
Honolulu
Dairymen's
Association
Phone 1542
HOMESTEADERS?
(Continued from Page 1)
Circuit Judge PniHonx, awaiting the i
Hupieine Court's action nn this one.
The Henderson case Involves tho tltlo
nf it cash freehold, while the second i
Is slightly different us to fact, being
a right of purchase lease. Governor
I'rtur said lie did not know Just vvlmt
erfect the ruling would have on the
second case.
This bus been the most Important
case of IN kind since (lie annexation
of the Islands, nnd for a time wns tho
source of considerable political discus
slon. some holding that (lovernor Krcnr,
In opposing Henderson's claim and tho
llfty-seven others that were similar In
diameter, wns opposing all homestead-
lug.
The decision makes plain tho fact
that anyone seeking to homestead pub
lic lands In tho Territory must mnko
his home on the land he desires nnd
must do his own cultivating.
Tho decision says In pnrt:
"A distinction exists between 'real
denco' nnd 'home,' Tho occupying of
a house on a certain plceo nf land for
tho length of time required to obtain
title, without making It n homo within
the proper meaning of (ho term, but
fnr tho purpose of merely mnklng a
showing to obtain patent to the land, I
and with tho intention of going to live
elsewhere Immediately upon tho cxplr-j
rtlon of that lime, docs not conslltiilo
n (ompllnncp with the requirement of
Section :I2;, It. I,., to maintain a home
on tho premises, fnr tho Intention nnd
good faith Inseparably Involved In tho
iden of the malnlctlnneo of n home nro
not present."
Of the four points lalsed ngnlnst
Henderson, the homesteader, only one
was approved by tho Sunrcmo Court
ns Justifiable nctlon on his pnrC That
was the question of tree planting. Tho
oilier points were- tlrst, that ho had
not ninilo tho land his rcnl homo; sec
ond, that he had violated tho Invv by
practically assigning his homestead tnl
the plantation; nnd third, that ho had
not cultivated tho land ns required by
law.
As to tho lnalntennnco of a homo
the syllabus recites:
"We do not sny that the fact (lint
(he freeholder's place of abode lacked
cooking or bnthlng facilities, or thnl
trees were not planted, or that tho
place was not Improved after It was
tlrst occupied, or that tho freeholder
boarded olsowhcre, or kept some of
his clothing nt nnnther place, or that
he did not sleep every night nt his
anode, nut often slept elsewhere, or
that ho received financial asslstnnco, I
would show nn nbsonco of good falt'ni
nnd nn Intention to tnako the plaeo
his homo, nut where, ns In the caso
nt bar, nil theso things concur, nnd It
further nppcars that the freeholder
lived on the lot no longer than he con
sidered absolutely necessary, nnd then
returned to where ho had previously
lived, and It Is also shown that ho
made no nttempt to cultivate tho land
but Immediately upon tnklug It up
turned tho possession for cultivation
over to another, tho conclusion Is Irre
sistible that the placo has not been tho
occupant's homo within the meaning
of tho law. We Jiold, therefore, that
tho condition as to maintaining a
home nn the premises has not been
fulfilled by (ho appellee."
On Rentals.
Concerning the rental of Ihc home
stead to tho plantation, tho Court
snys:
"It Is not necessary lo decide wheth
er tho situation constituted tho rela
tion nf landlord nnd tenant between
tho parties or whether tho plantation
acquired a license coupled with nn In
terest or somo other form of right. Seo
McCaudlcss v. John II Kstntc, 11 Ilnw.
777, 790. Certain It Is, however, that
when tho appellee for a valuable con
sideration gave) to the plantation tho
right to enter upon tho land and grow
nnd harvest crops ho transferred to
tho plantation, in so far as tho limited
nntiiro of his estate permitted, nn In
terest In the land which we hold
amounted In nn assignment of n part
of his Interest under tho freehold
ngreoment within the meaning of tho
prohibition contnlned In tho ngreo
ment, and ns tho assignment wns
mndo without tho consent of tho Coin
inlssloner of Public Lands that eondl
(Ion wns violated."
Discussing tha cultivation of tho
land, (ho Court declares:
"Tho crops grown must ho his crops
nnd not thoso of another. A different
construction would not accord with
tho spirit and Intention nf thoso por
tions of tho Land Act of 1805 (It. U,
Chap, 22) relating to the homestcad
ing of public Innds of which (ho pro
visions relating to 'Cash freeholds' nro
a jmrl. Tho general purpose nnd In
tent of (hose portions oft tho statute
may bo briefly stated to bo the settle
ment and occupation of agricultural
nnd pastoral lands by eltlrcn farmers,
and tho oncniirngoment of tho diversi
fication nf local Industries, for tho so
cial, political, and matorlal henollt of
tho country. To tills end It Is requir
ed that tho freeholder shall maintain
his homo uiion the land taken up, arid
that ho shall not assign or subject his
interest therein nxcept with tho con
sent of tho Commissioner. To this
ond alHn lin Is 'nvlientod nnd rnnotrnil
I to cultivate tho land for It Is for that
. very purpose that ho Is supposed to
1 have applied for It. It Is with that
object In vlow that tho government of-.
tors such Innds to settler B at less than
J their full vnluo nnd requires thorn lo
muko oath that thoy will apply for tho
laud solely for their own use ond ben
ollt. From what has been stated
nbovo with reference to the question
nf assignment It clearly appears that
the appellee has not cultivated 25 por
ceni., or nny other portion, of tho land
as required by tho (onus of his ngreo
ment. Wo, therefore, hold Hint In
tills respect also Ihe appclloa hns not
fulfilled tho requirements of his agree
ment." Concluding, tho Court holds:
BUNGALOW
A bargain If told at once. Six rooms,
3 bedrooms; gas, electrlo light, city
water, sewer. Fine rtisldonce street,
Maklkt. If, sold on or before April 30
can be bought for $2900. Easy terms.
TRENT TRUST
. Developers that Stand,
pxidize especially so in this climate. The only way wo can
positively assuro you of good results In developing and
printing Is by mixing our developers dally and handling
each film Individually,
Go to Gurrey's
34VVVV
DimiNO YOUIl AI1SHNCK
I-'llUM THi: ISLANDS wo nro
prepared lo manage jour cstato
unit look after our Interests
here. You will llnd It greatly
lo your advantage to placo tho
management of your urralrs with
a responsible concern.
Come and see lis as to terms.
Bishop Trust
Co., Ltd.
924 BETHEL STREET
"It hns been urged upon us that It
would bo a great hardship upon tho
appclteo should It bo held that ho Is
not entitled to rccolvo n patont to tho
land. Hut tho appellee had tho law
beforo him. If ho did not understand
It ho should have sought advice. It
ho has acted pursuant to popular Im
pression that tltlo to public land may
bo acquired by n mere somblanco or
the performance of tho conditions re
quired by law to bo performed ho Is
thp victim of an erroneous lden.
any o'vent, w'o havo only to expound
Waterhouse Trusfc
For
Knlmukl Ave., KalmuM; 2-bed-room
cottage, with lot, well
Improved, 100x150 S250O
Building lots, Pulolo Hill, Manoa
Valley and Kalmukl.
House nnd lot, Paloto ltd 2200
i
Houses For Rent
FURNISHED
Wnhilno lid 3 II. It. J50 0U
Mano.i Vnllcy 2 " 75.00'
Manoa Valley 2 " 75.00
9th and Pahoa Ave 2 " 40.00
Kccuumoku & Donilnls..2 " CO.OO
UNFURNISHED
Kcwalo 2 n. II. 1C 00
Pawnn, nr. King St 3 ' 25.00
Ucrctnrihi St 3 " 27.50
.1SC6 Matlock Ave 2 " 27.50
Lunalllo Bt 3 " 32.50
Lunalllo Bt 3 " 35.00
Knlakuua Ave 4 " 40.00
Manon Valley 2 " 45.00
FOR SALE
COMPANY, LTD.
WIRELESS
MKHBACIHS VOU. SHIPS AT SHA
ItlX'KIVUD I'l TO 11 UVHIIV
NfOllT - TKI.IlPHONi: 1574
tho law as wo find it tho conse
quences oT our decision wo cannot
belli,
"Tho deerco appealed from U re
versed and set aside. A decreo in
conformity with this opinion will bo
entered In this court on presenta
tion." w
Mcduffie and his
men have good rest
Chief of Detectives McDufilo nnd his
men, who mndo a successful raid of
the distillery owned by tw'o Dal Nip
ponese In Punaluu vnllcy, Koolau,
yesterday, had n good rest last night.
They appeared In the pollco station
this morning ready for nnnther mys
terious trip Sheriff Jnrrctt Is thinking
about. McDudlo would not discuss
the matter this morning but snld that
ho wiiB prepared to curry out tho ord
ers of his superior at any tlrup.
McDufllc said that his shoes, ns
well ost hoso of his men, were prac
tically torn to pieces when they re
turned ycbtorday. Their feet, ho said,
woro blistered and would probably
ncccsiBtate them consulting physl
clans.
When Mrs. Knto Hnmmcrschmldt nf
llronklyn married John Ttecht, former
ly her brother-in-law, four sons and
u ninrrled daughter of Hecht nnd eight
III children of the brldo attended (ho cer-
tnony
Sale
FOR SALE
i
llouso nnd Lot, Pnlama $ l.CSO
Houso and Lot, ralamn 2,400
House and Lot, Asylum ltd. ... I,7t0
Business Property, Queen St. .. 15,000
Uulldlns Lot, Ucretnnla St. ... 35,000
Houso nnd Lot, 12th Ave., Knl-
nukl . 3,250
nulldlng Lots, Kevvnlo 1.000
Ddslncss Property, Kukut Lano 3,500
Guardian Trust Co. Ltd.
Second Floor, Jurid Building
Military
Puttee
NO STRAPS TO CLEAN,
DRESSY, SERVICEABLE
Mndo of the best Im
ported Kugllsh Iigsklu.
1'orined to n't close with
out binning.
Price $7.00
Manufacturers'
Shoe Co., Ltd.
1051 Fort Street
TO REPORT ON
N'cxt Wednesday afternoon tho
Chamber of Commcrco trustees will
hold u meeting nnd President Spald
ing of tho Chamber said today that
the report of tho Health Commlttco
on tho papers of Dr. Carl Humus,
chief quarantine, officer, will then bo
submitted. On account of tho vvldo
publicity that Dr. Ramus' statement
with regurd to lepers being ut largo
here Ims been given on the. mainland,
tho report of tho committee of tho
Chambor is awaited with much Inter
est. A number of other matters will
also come up.
Asked about tho Field report, Mr.
Spalding said: "The report has been
received by the' Chamber nnd Is sub
ject to nctlon In regard to following
up what Mr. Field hna said. Ho luu
finished his work and Is not now em
ployed by tho Chamber."
e tm m
Miss Florence Hrovvn, n witness In
n.Nevv York murder ease, refused to
answer questions pu tn her by a wo
man lawyer1, saying; "That's n Job i'or
u mini; you ought to be humo washing
dMics."
Governor llnldwln In his second
Dndgo lecture nt Yale spoko on Shap
ing Kduentlou to Citizenship,
Mexico's army Is to ho increased
(o (10,000 nnd maintained through a
bond Issuo of 20,000,000 pesos (?I0,
000,000). Gems of
Sparkling
Beauty
That's what our Diamonds are.
Our stock It particularly clean
and flawless, and the variety
embraces every size and color,
In mounted stones we have an
Immense assortment' of Rings,
Brooches, 8carf Pins, LavslHers,
Pendants, etc, set with Rubles,
Diamonds, Emeralds, Pearls, Sap
phires, and all precious and
ecml-precious stones.
H. F. WOMAN & CO.
Limited
Leading Jewelers
m
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&i$4$v ...'iv4vA'.
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