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I - I . B THE PAClfro OOlniSBOIAL tDVniKm, ft.nwr. IN HAWAII OCTOBER 4, 1900. MAY BE INCREASED A Legislature Can Fix Higher Rate. .i.nwr, FXTRA SESSION ALL" iv- - . pot f si t r a . -a a . WILL NO I BC INtLARY jrney-Oeneral Dole's Opinion is That a Re trospective Law is Legal in the Premises. fr.,m 'fc.v-f- all Mve a fixed (barge, w rrov d V'T ffrct of Pr,or transactions, . In eo tr:rH-ctlv- arc not for- lion - ? m by th 8,a,' Con.tiiu. OMeVtE? balded further that no other 's h KX'"tS 10 th,"m lB retro- Jvi 1- ",'n,d P-mU r.-trrspectlvely."-'Joley I Constitutional Limitations, pag. AS TO VKHTKI) RIGHTS. auL? Act of be within the m , vlM0,;V,f WtlTe power. It Is 3 vtZS d aft?" at It divest, vest r f ". Tht re Is no clause, either in Vr ,Li n""nl,on or th nted States or r tr X , , w,,alth' wnlch Prohibits nWW'' Tn" "Tlslation can- Impair tbe obligation of a contract T pass an ex post facto law. for both f.P'V7,,y for' '!,!-"- But an ex post fr. k, r one wnlh mak"8 M act pun !? n!.hKn n'"nn'r n hkh It was not Jl' tcher vs. Peck. 8 Cranch. l. Kx post .IWo laws relate to penaj and criminal Preceding, which Impose punishments .J L ' ani1 "ot to clvil proceed- 12"'.. V,ne" Private rights retro t" ti. lv itetrnsn ,.tlv 1.... --j cr. . . 41 ., ' Bill! Oll- ould be ' divesting vested rlirhta ni... iw ) r,. . . . . . " . . v - r ur impairing the obligation of take ut UM IHttH i ft of th. Civil Taws of iwr; de- c. ntracts. do not fall within the pro'ilb" at. "No Ihw shall have, any retro- ve contain. ,1 m the Constitution of the pa-ratlon." I nlted States, however repugnant thev n.tt ra. It Is re li i t ..n 71 c piiMlc doc prnv..t I i f.ir It will h po l.rtflsUture t take ,.. ,,. , ..aa.iry y lr In the nrcea- untll the ml!., of M January 1st. wm "ih Up lb' - tide ! r t.. . irpos of the qu.s'lon sub mitted to me. the word, "except as here in provided," are ISBSBaterlal. as said Con tinn contains no exception authoris Irr a retrospective tax law. r ought not to bo a matter of doubt hr tie Constitution of the late Re P'lldle has been repealed by ConarVsn: but tn ranlo Act t so rareleosly drawn in this respect that what should bo as tftsar as sunllaht is a question r ict Inn. . tlons 1 and C of the Onranlc Act de- rlanro: "Wot Ion . That the phrase 'the laws of Hawaii.' as used In this Act wrth out 'luallfytnv; words, shall mean the Con . f 'i'ion and laws of the Republic of Ha ' wll. In force of the Bth day of Auarust, t bo Ma. nt the time of the transfer of the .. of sovereignty of the Hawaiian Islands to th- t'nlf.'d Ntte of America. The Constitution and stal'ite laws of Kepubllc of Hatwatl then in force, set n a compilation made by Sidney M Mallou under 'the authority of the ith -ew MNw the r..ff. r. ' '-ltur- ' and p-.bllsb.d In two vol- .n . ntitled 'Civil lawi and 'Penal tawi r. .peeMv.-lv. and In tl.e s s-lon i is ii ' k. litws of the legislature for the session v j'- '.. h- p m- p r'PTed to In this Act as 'Clr , il l.ws.' 'Penal .Laws.' aid 'Session SSlfWHWt at Washing- tjW, . -' T: C the lam of Haa.tli not thi than t ruetom j tn . ii' n a t of the Lealsla- may he to the l.rln, i..w . , . ........ w.e Fame noiy. a.uer vs. Hull. 3 lallas f the Constitution of the late Bnlterlte vs. Matthevson. 2 Pet . 413; Wat- ..e. in. i. r.K'Ppi RS ncre- e. ,llTI IT, l et., .1 Pi.IPnlliAf.lll.' las W tl .a. " ' t . ' - " - e- . n- nr-K'-ini: (H .,,.,! frf,m ,v, nn, ot of th Court by Judge Sharswood. 51 SSSI T hu l,.!l,..l.. . . . . . ,,k unanimous d.-clslon was ......eren ny mo supreme Cottrt of the I nlted States, Cnnenter et a!, vs. the Crnnnon wealth of Pennsylvania 17 How quote me opinion of the Court in iuii. I ne Irf-jclslature of 1 '. nnxvlv an i i in !... adopted a law by which all Inher it! ecoa, tiintr within this Common- wewnn, lilc-h. t.v the intestacv nf the 01 con- win or ary decedent, should devolve 'up. -mi omer man me father, mother, wife. cM dren or lineal descendants' of such p rson should be subject to the payment 01 a lax. now nxed at 5 per cent." Punt. Dig. U8. motion 1: "The a tax itm nts under this A t . r. onfined to th. pnperty whl. h mlglit te within the Com- n.ft. wealth. ' n e ommonwealth vs. Smith. 5 Harr M2: In March. POO. by an explanatory A' t. It was le. lared that the words 'be ink within this Commonwealth.' shall Ik cci strued as to relate to all persons who haw i.. .-n .-t the time of their decease or n.iw nun domiciled within thin Commonwealth, as wrll af to e-tates: and this Is declared to le the true Intent and m ming of this Act." V K XINC, F Till; A' T bll. I I i . is -tpend. d In aupv nd fh pr sent tag mine- n t .. I on the mind of 1 1 wntly h- had ! n n of railing an et r Islatur-. i meet lo- I" i- ' - St r. . itter nf r ' r'p , tl.e believes that i Bir f th legl. i of II . ganlc i t nd t length, an. I .i.tent with the C of the I' nlted States, o this Act. i .i ; .it tore of H iwalt ntititTton or laws the provisions of In force, subject t by the legisla- or the Congress of the By Steamer. Ex Australia WE RECEIVED LARGE INVOICES OF Seasonable Goods IN EVERY DEPARTMENT. Goods Will be Opened and Ready for Inspection in a Few Days The Latest European Novelties Suitable for Xmas Present: the largest variety of articles ever imported by any one store. We "Mi attention that nnanhiri m r nnk Iamm tliorafafa ma .,,1,.; tt., t-t. i.: i -X -tj-'i uiui ii UTWD JUU UU puj tttUOULlUII, WUOU we aclvertii-e our opening. SPECIAL: We received by Australia 2,000 dozen Handkerchiefs for Ladies, Gentlemen and Chil dren, no lntfer assortment will be shoivn anywhere our own importations direct from Switzerland; our rr ce will le the lowest. Largs invoices of Silks will he opened. We call icteu-i'i i to our complete lin s of Taffettas. Muslin Underwear .In this dMrtn et t we will lead our prices. Our styles and assortment is so complete that Ladies vitl find not only great savings but easy to mike selections from. Boy's Clothing Department A comp ete large stock of Wash Suits, Blue Series, Tweed Suits, are now opened. .Vother's hriena SUrt Waists, in all styles and Drices: 15 dozen Ladies' White Shirt Waists, Do not miss to see them. Our Ribbon Department is complete, our prices are hed rock Pacific Import Co., r. Str ICOBPOB-TBD. t.. P i Ewln. W H 1 Cr. fc r. 1ST: 1 Harb. 217; 21 Conn. 577. Ch. ISO; 6 i.f references tohe Constitution uhllr of Hawaii In section lfof le Act seems strangely Incon h an Intention to repeal It. anl tshen In onne. tlon with - fan I. In II. ate an Intention to continue It In force action 7 .-f the Organic Act de-tarea: ' -i 7 That the Constitution of the Republic ..f IUwi.ll and the laws of Ha ws il. ss set forth In the following acta. rhptirs and se.-tlons of the civil laws. and session laws, and relating wing subjects, are hereby re- n he Act of US0, In ilrtfinK tho opera- Td by extending REPUBLICANS MU (Continued from I. HUSTLE rt I.) m to ! is f.i wb; t ' HawMk ' v irl " H. I . pt. . Harforj M roe. 'Wt..rv of Hawaii ' William fihert. a i ltlxen of Pennsylva nia, died wltliln the State a f w muaths t Uus to the passage of this Act, lea li.r hh rroj,erty to fr'ends and collateral relations, the principal of whom, the rea k i.ary b'gHt.-es. reaifb- beyond the limits of the State. The i n whs t.roei bv a r.l.l-nt . x.cutor. In D.-. embr, be- tlon of the Act of 1S26 r rr the Register's Court In Philadelphia, language of that act beyond its lei;al and a settlement n. made with that Inirort, la retrospective In its foim; out rurt lr Jiir.- of the following ver In Ha practical agency Is. to subject to as- j that settlement the ex. cutor represented twssment, property liable to taxation, to: tiat a portion of the estate, consisting answer an existing exigency of the! ' securities, stocks, lotttia and evidences , State, and to be collected In the course' of l.l t .ir.-l property, was not vlthin th t future- ailministrallon; and the lan-Commonw.-alth. and offered to pay the If -retrospective Is of no Importance, tax for the property within under the act 'except to describe the property to be in- I of IO .ind denied the v: lldlty of the as- 'eluded in the assessment. And as tlie i re.sment tinder the Act of IVfl. The tax Burrem- Court ha? well said. 'In MtaYhej waa aaeit-d upon the entire personal aV fNstlasJ its peculiar lnt. rpretation. It (the tate. without reference to Its locality by Iirts!ature) has only done indirectly what the Court, and Its lu.lirment uoon this It was comttent to do directly.' " I mbject whs affirm. .1 by the Supreme follows a long "numeration of the Cot rt. to which It n- is removed by certl- ws. penal laws an. i vsion laws otari. That court says: 'More pointed i it lr in.-; Act or iKQ lnvobcd a y repealed, without reference to words to make the Act of 1850 retrospect- cb;.rge In the law of succession and could i nstltutlonal provisions Iw could not bo chosen; and It will scarce be regarded aa a civil regulation for tbe If the words In section 7. ' Constitution le mid the fegl-latiire bad not power to .division of the estates of unmarried per-' f th Republic of Hawaii." are qualified n -k.- It . at b ast while the aasets re- V ns having no lineal heirs, and not as ' aa . furtfi." . .i. r I - ri In In tl.e h.ir,!.-, .f the execu- a rise imi.in.tlon, this Conrt could hot uatlon us.kI. the Constl- to' as administrator. No clause of pronounce It to be an ex post facto law . If the comma In the Constitution forbids It to extend a within the tenth section of the first a'- 1 tax already laid, or to tax assets not tax- tide of the Constitution. The debate. in . I h. f..r. ; and In establishing Its pecu-ithf' Federal convention upon the Consti lla Interpretation it has only done In II- tution show that the terms "ex post facte p. 'lv arhai It waa lomn.'t.nt to do II- lews' were understood In a. restrlc:. t 1 -Is ' The 8upreme Court thus lnt"r- s i he. relating to criminal cases only,' Jonah Kumalae. J. V. Keiki, W. H. h- A t nf 1v"j nB if It read- 'That and that the d-scrlution of JUa -kstotif of Ucogs and r ranK t'ania will BO on assets lr. the l ands of an executor for such laws was referred to for their mean- distribution among the collateral rela- Ir.g." 3 Madison Pap. 1309, 1450, 1579. tl. ns of, or strangers to, the decedent, i "This signification was adopted in this all t.. subject to a tax of 5 per cent.' " ( oart shortly after Its organization, in I 'This Court has no authority to rasrSM ;.inions cp re fully prepared, and ha;- been i un- the Art at I vnnn vl ania. unon any ground reratedly announced since that tun -. ' ' Lamps OF KX POST FACTO LAWS. I BSSB.BI k l l ," mmr mg to th w-r-.i t '.,tlon la rgard to th lit- n'dd1 of the second line wera at UM o.l .f the first line, the f'onstltwtion would be repeal I. assuming that the t..irgraph Is to be taken by Itself. In ther words. It was so carelessly written ii it can be read io have directly oppo i'e meanlnga, depending upon the trans I'M.a of a comma, without straining h- Knglish language 1XTKNTION F OiMiHKKH As lews are rot expressly ri-al d H. Waterhouse. Kikila Baraunu (C. Prov.I). Clarence Crabbe (Papai). NA LUNAM AKAAINANA. Rohikana (A. G. M. Robtson). J. W. Keiki. P.ila Huga (W. H. Hoops). A. F. Giltillan. Jonah Kumalae. Win. Aylett (Will Ailike). I inikona (L.. L. McCandless). J. L. Kaulukou. Knoch John vt,noka). I. . J. McCabe. H. R. Hitchcock. W. J. Coelho. Meeting at Waimanalo. stumping trip to Waimanalo tomorrow. A meeting will be held In tne evening, after which the spellbinuers will return hore. Will Fiahor to Stump. EVERY KIND aasa had awsl "f the first rtn 4.. m ring lay the I t. Intention to repeal th m is reas- of Justice, policy or consistency to us own ; i aioer vs. nun. a unu. r leuner vs. ear. my first Impression was that Constitution. These are concluded by th. peek. Cr. 87; 8 Pet. 88; 11 Pet. 421. had left the Constitution of the d. islon f the public authorities of the, "The same words are used In the con- inlart. except In so far as Ht;;te. Th. only Inquiry for this Court Is. st'-tutions of many of the States, and tn . ...irtict mith the Constitution of does the Act violate the Constitution of the opinions of their courts, ad by wrlt- Col. Will E. Fisher has been suggest ed to the central committee of the Re publican party as one of the political sturnp speakers for the campaign, and it is believed that his wide experience if. Htates or with the laws of the the Fnlted States or the treaties and laws . rt upon public law, and are uniformly ,n pUgs; and on the platform will be ... ...a I. 1SSM ! KHilnSutAAri tl t f t t- V.,wjT T"1 . T L.I I BOT ' HO T a . . A. X Alan i'. locally ai.i. . a' un.i.-r ii u:.... ... ...... .COv...w (f ,.,., service to tnt; psni in mc NO OBSTACI.i: IN LAW. this was the intention of , , .... r IV ,AW 4 ' Vll '' J field. Colonel Fisher has proven n.s i.l(r.a, N mm tmtmmmn 1 :. nn oa. m ability to elucidate the principles or tne ni'rsl-HltiT. to rsfsr to ths Constitution of "The vnlld ty of the Act, as affecting "The plaintiff s argument concedes tha y ,n p,aJn unadorned language. R-iubllr In section 7 of the Or- a,,,., salons to open after Its enactment, hs case Is not within the scope of I which is more effective than flowery i Aa fir as I ran see, this n t "I of examination settles nothing. r t',. halr-spllttlng cuts both ways, s., important a question as whether the ' ' .-.stit liMop of the late Re a not contested; nor Is the auinoruy ot . iause 01 me cwimuui., .10 ...... t Stat., to levy taxes upon personal its are enlarged to embrace civil as WSH i.if tertv belonging to Its cltlxens but sit- as criminal cases; and he insists that the 1 " " -a T ... . .1 . A ... .1 .1 ,, . ... fff.m .,. 'i.l Hill i 'A - .lenie'l I. ill 1 ne 1 i'ui l iiuuiu ucuau .. . urted beyond Its limits. n n plaint Is. that the appllcat on 01 tne A' l "' 1 y that of ISSO. to a success ion ..ir. 1 .iv in the course of settlem.nt, and - ; 11.. I ..r a .till 1-1 f..r. e. should not ' ' . . w. wm . . . . , ,.., A . 1 tin likf V 1 1 1 1 1 1 1 1 M ' . vrril i.vit., - J of will of the decedent, invoiveo an bi.-i- ttary rharig. or me exisung iwB i r.r;trif .. to the extent ot t"is lax. in in? raf la.. of Jaa- tsnsspss). sxsrpt wh. n eerthii ' f. la The tole star Is the intention unirrn In spite of csr.ssnss In th tions heretofore made upon rnis suojen. But thia cannot be done. There Is no error In the record, and the Judgment of the Supreme Court Is affirmed." To sum up. If. as I think, the Constl u diction. His appearance at club and precinct meetings lately has brought his name up prominently for the con sideration of the central committee. Fifth District at Work. President George P.. Carter of the Fifth District presided at a meeting of fSa 1. I. Tt.it the rights of the resld- th. r?..nl.S. nuhject to tne i.onsmui;on 01 . ... ,h ,,(o,h of It la the fundament ill . - - - - - - a 1 . 1 the testator -i.t.. . . .,! h 'iron- . 1. ni in-1 ni..'-i 1 . ..' -r :ilso Irevond the qtatf : and Its power 1 It d Sta'a I w of ths Territory. . ' 'in atltntion of til ,vra. la the main, t that . overed Ay the ' iw of Hawaii, except In so far the Utter was Inconsistent with Amerl MS I is ind method Aa I have com- I thsss two Instruments, tho Organic 't anil the Constitution of the la Re .ublle. with each other from beginning nd. my first Impressions have rhang- an.l d and v. mg a I eaa l lr II. SI d it patrons ertv taxed WSS .." . ik.i th Htte i-.aa employed mon 01 m - . ....h,. ... oer tn. - ' 'nor Bim lie- .e w - . . 1. . m 1.1 mi r.i r.r It nord rs. to accompimn a wrong and Injustice. That the Act coi. tnlns the Imipositlon of a forft Iture o- . persltv. snd Is ex post facto. It Is In a..,.,, sense tru. thai the rights of donees urder a will are vested at the death o a testator, and that the acts of admlnls nation which follow are consorvatorv dlrected by the State to ascer mi tbese rights, and to accompitsn an eneci iv translation of th. dominion of the . dec.dent to the objects of his bounty; and n irSMi 1 11 lea-ialation Is not prohibit- ,w. i . ,.. adot.t. d with any other w tha Ci.natitutlon of the United .w hi would lustifv critl. Ism a W "m . II' IMSIll a.-- " ..tea - At an earlv nay 11 was rm 1 authorltstlv" decision. In opposl what might seem the more nat 1 1 Moua meaning of the term ex n 1.1 the t-ito Renublic has b en rspsal- the rank and file of his party at Re ed by the Organic Act. it Is my ot.ini'.n. 'publican headquarters. The same busl bared upon the foregoing decision tlt.ss that was carried on Tuesday night .f the Supreme Court of the;MaH aKain gone over and slips of paper I nlted States and the other author- with the names of candidates printed it'es cited, that an Increase of the rate of thereon were distributed among those uatlon. fairly apportioned among all ,,reSent, who were mostly Hawaiians. taxpayers, dating from January 1st. JM. These will be filled in with an estimate la.uld not be beyond the power of the ,,f the strength of the Republican party I Klature at Its next regular session. 1 ,n ,.a,.M captain's apana, and returned 1 have the honor to ne. sir rt - ct. with great your obedient servant. E. P. DOL.K. Attorney General. I have gradually come to some. ilnv a convh tlon that Con- the one as a substitute for m'sns. t as a mere supplement d DON'T WAIT TO REGISTER, DO IT NOW. 1 1 IT HAPPENED IN A DKUG STORE. "One day last winter a lady came to . 1 1 m . I f tuy drug store anu asaeu mr a omnu ui l,,,e0 r-rhsps ret..-ure. Rut until the period for n medicine that I did not have in rrn. S?v stock." says Mr. C. R. Grandin. the P"1 and all other Jurisdictions refer to t'-.e popular druggist of Ontario, N. Y. "She to heiidquarters. The session last niglit wciipied several hours. If Republicans nerally would get out nights and days and work like George R. Carter, th lu publican party need have no f..ar as to the result of the campaign. RISE OF ORLO POWERS PARLOR LAMPS. LIBRARY LAMPS. MUSIC ROOM LAMPS, DINING ROOM LAMPS, BEDROOM LAMPS. BILLIARD ROOM LAMPS, HALL LAMPS, VERANDA LAMPS, KITCHEN LAMPS. NURSERY LAMPS. YARD LAMPS. STABLE LAMPS. CARRIAGE LAMPS, STORE LAMPS, HOTEL LAMPS. SEE THE DISPLAY IN OUR LARGE WINDOW. Among the specials are Dining-room Spring Extension Hanging Lamps, at $3.00 each, and Parlor Fancy Tabls Lamps. J1.25 each. that In their scope ana purp.ne , ()f ,,, domicile, as max an" e we. a 1 1 I I a A aVaa. a a O S. , Th A U III ( ' liming n pvm -- .liptribtitlon shoun oe maur. . ..- i.wsi were ,-onnri. .1 to Isws rsspectlng thf tesUtor Is proven ther. and his ex- -r'mlnal punishments, snd had no rela- rrtor receives hs authority to V,U 1 whatever to rstrospoctivo legislation ,tl property by the recognition of the le- r any other doscrlptlon; and It has. , tribunals of that place. The person il . 1 1 .utii K-1,1 that n tro- .... fr aa It has a determinate- ' - ' ' ' ' . " wm mm i mm ."-in.r, - - e spective laws, whan not ef a not rotlic In r. inflict criminal ,. p.ngs to me nremm ... I , K.i ki, a. K.tl ,n,l i.k ih " - . -.v. i.Ka f th rlnnre re , ' """s " " " - was dlsapponted and wanted to know what cough preparation I could recom mend. I said to her that I could freely recommend Chamberlain's Cough'Rem efty and that she could take a bottle of the remedy and after giving it a fair trial if she did not find it worth stitut. 1. 1 pr ...1 .i..,.i.. p.i, nkam Ions tn , .n 1, the conoutons. iorm.iin.e- nvla..ns on other grounds t mm on pr.-scrll'cd , w"'r"hir Is na 1 tie fjsw ' n ths :j'xtiow " OTsss) had ..t to c . . i.i.ih.iv rnnl rn 1 rscter." - OOTSy on h glat. n ths interests m n- v Warn, nags ir ,tir. snd sre only Irrevocat ly esxsn s .- . .i . . ... iicati, in of this contri'. ft esses wni n n-.m ri uiii ------ .re not obnoxious the perld of distribution If the Btat.v oth- i:urlng tnis perni ui - Ths Mattel by Its tribunals and their ap- ... . i..a thi- K. nt IO :mi'-e a . v ih nronertv. there Is no olstacle In tlon. while In i thev hsve be. ,, hr. to be v .' I ffar-it I Is'ons have be.-n has. d upon .rallies Irs facta which make different I would r fund the price paid. In the course of a day or two the lads' came back In company with a friend in need of a c inch medicine and advised her to buy a bottle of Chamberlain's Cough Remedy. I consider that a very" good . commendation for the remedy." It Is for sale by Benson, Smith & Co , Ltd . wholesale ag-nts. i. l. Th,.p la no i t urn i (,. BiiniiHiii - "l". ----- . ' . ,. It " T.lslature to mm i ""''".".. back to and chanOTl Kr.nls s. Smith. 14 and laws of the the United he right of the itra which reach How. 400; In f REGISTER TODAY. Wh-L-n Orlo was a child in kilts he used to be very fond of animals. One day he entered the house with his : ice and hands and little pink knees scratched and bleeding, his clothes torn and his golden curls disheveled, but triumphantly holding a big, white pup py. One day the puppy got out in t';e yard, and so did a neighbor's cat. Pup py saw it first and proceeded t; play catch-as-catch can with It. The owner of the cat was wroth and ran for a gun, but Orlo stopped him, saying: "You must remember tiutt the puppy was temporarily insaq,e, and be sides the cat has hine lives, whilo tbe puppy has but one." Orlo saved the dog, and his fa'.h r. hearing the argument, sent him to night school and built him a pajrhottse of Blackstones. for he saw that in time the child would go to court. Salt Lake Tribune. KING STREET. IMPORTERS OF REGISTER NOW! AT ONCE! Crockery. Glass and House Furnish ing Goods. Wlckless Blue Flame Oil Stoves. "Jewel" Stoves for wood and coaL Gurney Cleanable Refrigerators. Only tke highest grade cf R&D RUB BER is need In tbe Stamps made b? he HAWAIIAN GAZETTE CO. .12 iff