The Pacific commercial advertiser. [volume], November 01, 1900, Page 2, Image 2

About The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921

Image provided by: University of Hawaii at Manoa; Honolulu, HI

                
ZD - V- rm wvrrmZZZi C03LCL3, KOVCUDER J. 1.
TTE I1AVE THIS DAY APPOINTED -
B. 0. Hal! & Son. Ltd.
Bole Agents for the Territory of Hawaii for
Cleveland
Bicycles
AMERICAN BICYCLE COM PANT.
.
Cleveland Sales Department, per R. C.Lenn'.e.
. . . Honolulu. October XI, 1M0.
Shipments of Genu' and Ladles' Clvland nioycles, with an assortment
of extra parts, were received by us p.-r Zealandla and Queen. ,
THE CLEVELAND IS A GOOD BICYCLE.
THE BOARD
OF HEALTH
Business Transacted
, Yesterday.
RESI GIIATIOIiS- ACCEPTED
Dr. Garvin WiR Serve as Executive Officer
for a Fortnight
. More.
POLLS OPtir TILL
'. ALLJAVE VOTED
(ConUnued from Page L
-
A MONSTER RALLY BY
REPUBLICANS TONIGHT
1 0. Hall & Sod, Ltd
AGENTS.
ll-,..-l-l--iiil--I4--l-l-;
pti
11
i
The best in the world.. Manufactured bj the
White Sewing Machikb Co., Cleveland, Ohio,
U. S. A. Without reference to any particular
feature, but alone upon the broad claim of
general superiority as a Family Sewinj
Machine, adapted to all classes of work, we
place the "WHITE" before a critical public
with entirejeonfidence that it will meet every
Tequirenent of the meet exacting purchaser.
Sole Ageotf, Hawaiian Territory.
H. Ilaclrfeld& Co., Ltd.
Per S S. Queen
CRIAlf OF WHEAT.
MY WirS-8 SALAD DRX88INO.
ANCHOVIES.
DRIKD FRUIT (new crop).
ROAST LAMB.
CHILI CON CARNE,
STUFFED OLIVES.
BLUB LABEL AND SNTDER'S CATSUP.
MAPLE BTIiUP.
METTWURST 8AU8AOE.
BOILED CIDER, ORANGES AND LEMONS.
SM.TBR-.& WRHTY,
Grocers.
Orhexim Block
Fort Street
souvenir opoons
WITli
Hawaiian Scens and Greetings E no raved
Frew $ 1.73: to $6.00
Just the thing to take home 'with yon
Remember we are always ready and willing to show 001
(roods.
NO. 141 HOTEL STREET.
Hauaiian Carriage Ufg. Co
BUILDERSIOF ,
VEHICLES
FOR
ISLAND
USK
REPAIRING
given prompt and careful attention
SOLtiS AGENTS JfOK
Rubber Tire Wheel Co.
The meet durable Rubbar-Tire made.
121 Qswealt. iXLXrHOsTa MAUI 7-T- l
' The Board of Health yesterday consid
ered and acted on a number of routine
matters. The resignation of Plumbing
inspector Duffy was accepted. Engineer
Kane was appointed assistant plumbing
nspector. Duffy's successor has not yet
heeu chosen. The resignation of J. D. Mc
Veigh as agent of the Board of Health
u accepted. Dr. Garvin's resignation
was. read and an effort was made to table
It. but on Dr.- Emerson's motion It was
fcrcepted. Dr. Garvin to serve until his
successor la appointed. Dr. Garvin said
he hoped that this would be within two
eks.
Dr. Cleveland, examining physician for
the girls' schools of Honolulu, reported
tii.it she had vaccinated 130 pupils and
that all the teachers but one had health
certificates. She said there were few ab
centees and tbe children were In . better!
health and better dressed than last year.
A letter was rrad from Bishop Willis
rt Utive to a complaint by the health offi
cer about the closets at Iolani College.
BI.hop Willis contended they were In
unitary condition. Dr. Garvin said they
were not, and he also said that most of
the private schools of the city needed to
be stirred up to put their premises in bel
ter condition.
A letter was read from citizens In Pufta
district, on Hawaii, complaining of the
atmence of attention by Government phy
ficlans. It was ordered that a communi
cation be sent to the district physician
of Puna calling attention to the fact that
It was alleged that certain portions of
the district were without medical atten
tion and asking- for an explanation.
Dr. Garvin, executive officer of the
Board, reported oh the water conditions
at the new cemetery at Pearl City. The
site of the cemetery was approved lately
by the Government, conditionally that a
proper disposition be made of the water
which Issues from a large spring In the
grounds. It was feared that some of this
vater might be used for domestic pur
roses and breed diseases. Dr. Garvin re
ported a reservoir had been built holding
WOW gallons, and that the cemetery com
pany assured him that all the water
rrould be used for Irrigating purposes.
Tne reservoir surrounds the spring.
Dr. Garvin said the conditions were ap
parently satisfactory. Dr. Wood said
tht.t If later the water was found con
taminated it would have to tx. pumped to
sa. Dr. Cooper moved that the execu
tive officer's report be acted upon favor
ably. Which was done.
A petition was received from residents
of Kahulul for sanitary regulations. Drs.
Ccoper and Emerson and Attorney Gen
et &1 Dole were appointed a committee to
draw up such regulations for Kahulul
and other outside towns.
K. S. Porter addressed to the Board a
letter asking for an exclusive franchise
for a number of years for removing dead
animals from tbe streets of Honolulu. He
offered to provide the necessary wagons
and to do the work at the Board's price.
Dr. Garvin said that the Board of Health
had Its own dead animal service which
was satisfactory. Porter will be so In
formed. A letter .was read from George H. Rob
ertson, of the American Sugar Company,
complaining that the vegetation on the
leper settlement side of the Pall on Mo-
lokal was being burned by the vandalism
o'. residents, and that the forests were in
danger. Superintendent Reynolds of the
!ener settlement said that there had been
no burning of unnecessary vegetation,
that fires lit had never spread, and that
there was no danger whatever .of the
forests being destroyed.
Some time ago Government Physician
D.ivldson, at Lahalna. 'Maul, was asked
t report on tho application of residents
trier for permission to build over and
abont the Lahalna canal. Dr. Davidson's
report was read yesterday - He said that
;h canal was a marsh with no Inlet or
outlet and no apparent current. The wa
ter came from underground springs and
slowly percolated to the sea. He said that
the marsh was no menace to health now,
but It would be wrong to allow nouses to
be built over It. The Board passed a reso
lution that no buildings should be erected
within fifty feet of the canal.
Dr. W. H. Schwallle sent In his resigna
tion as Government physician at Kauna
knkal. Molokal, which was accepted.
A letter was received from Dr. McCon
key or Pala. Maui, asking for the Board's
ordfrs as to the treatment of pupils in
the public schools who were absent on the
days he came to examine them. He
wanted to know whether these children
should be debarred from school until they
hud been examined. It' developed that
there Is a rula of the Board of Health to
the effect that no child shall be permitted
to attend school unless with the Govern
ment physician's certificate, and that the
teacher was subject to a penalty of $3 for
permitting such attendance. Dr. McCon
key will be Informed of tbe rulfs In or
der to carry, them out.
Dr. Garvin reported that the slaughter
houiics In Iwllel were still In an abomln
iMe condition and that nothing had been
done to make them sanitary.
The Board of Health then went Into a
secret session from which the newspaper
reporters were excluded and concerning
tbe transactions of which nothing has
leaked nut except the appointment of En
gineer Kane. '
SMEVE & CO., San. Francisco.
TO TACtUTATH
vzt t est ca ax' -Sra t
rOrwl f Ckssm. , CT ALL COARasa FOE
t Cslina,'f ft Bm miiMi Ocsb
FgeS-SSSv I - v : i i u ....- j......
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PaEAB THE ABWRTISIS!!.
A VILLAGE BLACKSMITH SAVED
HIS LITTLE SON S LIFE.
Mr. IL II. Black, the well known vil
lage blacksmith at Grahamsville, Sulli
van county, New York. Bays: "Our lit
tle son. five years old, has always been
subject to croup, and so bad have the
attacks been that we have feared many
times that he would die. We have had
the doctor and used many medicines,
but Chamberlain's Cough Remedy Is
now our sole reliance. It seems to dis
solve the tough mucus and by giving
frequent doses when the croupy symp
toms appear we have found that the
dreaded croup Is cured before it gets
settled." There Is no danger In giving
this remedy for It contains no opium or
other Injurious dru and may be given
as conCdently to a babe as to an adult.
For sale by Benson. Bmltb & Co.. Ltd.,
wholesale agents. .
Vote ma Strict tepabUm met.
the Slum Wot
ice
One Little Girl In
d'yer say she died of?
The Other Little One Eating
cream on tne top or 'ot puddln.
First Mentioned Lor f What a Jolly
death! - '
character. bereas the provision in re
SrdTo the hour of closing the polls
i DIRECTORY. Section reads: ;The
inspectors shall prepare at f"
ng place a suitable compartment or
spice In which shall b placed, at a
point convenient for voters the two
ballot boxs herein provided for. Sec
t on 47 provides the details of the
methods employed n arranging- the in
teriors of th booths. The latter para
cvaDh of section 70 says, 'When a
voter Is in the balloting compartment
for the purpose of marking his ballot,
no other person aha 11. ex'.ept as pro
vided in section 72 hereof, be allowed
lo enter the compartment or be in a
position from which he can observe
how the voter is mariuns iu umut.. .
AS TO DISTURBANCES.
"As to question number 2, which re
fers to probable disturbances. I don't
see why that should necessarily b so.
lhe whole ruhng is based purely upon
the necessity of the case, and should
the polls at any time during the day
remain uncccupled by voters, the in
spectors would not continue the hours,
but would close at 5 o'clock. IT RESTS
ENTIRELY WITH THE REQUIRE
ipmts OK THE VOTERS.
"Now for number 3, taking in the 1J
o'clock limit- The day upon wntcn an
election is set la also decided to be
mandatory, and cannot be changed
over from tne day to another. Conse
n.ontiv the time limit la midnight. '
"Number 4. Inia baK been felt to be
viniiatinn of the mandatory orovlslons
of the law. whereas the prolonging of
the hours In wnicn to auow tne voiers
to cast their ballots, is directory.
POINTS TO CONSIDER.
Mr. Coooer' stated three situations
had arisen with reference to the com
lug election. "First, the closing of the
polls by the Inspectors at -any time
efter they ere satisfied that all the
oters in their precincts have voted
Second, the closing of the polls at ft
o'clock in case there are np duly qual
ified voters present orrerlng to vote.
Third, the keeping open of the polls be
yond 5 o clock If during the day the
polls have been continuously occupied,
and if at the specified hour for closing
tbere are still others present who de
vire to vote and have the legal right
to do so.
"For Instance, if in precinct 1, Fourth
District, all the voters have cast their
ballots by 3 o'clock, and the registra
tion lists show no more voters entitled
.o cast ballots, the polls, can be closed
at Z o clock. .
"If in precinct 2. Fourth District.
voters have been standing in line all
day, and no interims of any conse
quence have occurred from sunrise to
sunset, then the Judges, under Mr,
Cooper's ruling, could prolong the hour
' closing '.null the lists had been ex
hausted, or until an Interim occurred
v hlch would prove to them that there
ias no hindrance in the way of other
voters coming to the polls and voting.
"If in precinct 3. Fourth District.
there shou.'d be as many voters as in
preclnt 2, and yet during the day there
had been several stretches of time
v. herein the voters did not avail them
selves of the opportunity to vote, then
tne judges would have the right to
close the polls at 5 o'clook.
THREE BALLOT BOXES.
"There will be three ballot' boxes, in
stead of two, as provided for- In- the
rules and regulations governing elec
tions, une for Delegate to Congress,
one Tor Senators, and on for Repre-sor.tatives.
"That is'tinother directory provision,"
raid Mr. Cocper. "The ballot box for
Delegate to Congress Is perfectly in
line with the reasoning of the rules
"I have prepared the following brief
ypon mis question which I believe sus
tains my position thoroughly. In one
vf them the New York Circuit Court of
Appeals takes the tand that if voters
are in the polling room when the hour
ror closing crrives. and they are legal
voters, thoy can cast their ballots
v. nnout prsjudice."
The brief In full reads as follows:
Constitutional and statutory provl
blons for the conduct of elections are
either mandatory or directory, and a
violation of a mandatory provision
will avoid the election without regard
to the motive of the persons guilty of
the violation and without Inquiry Into
the effect of the result of the election,
but In case of a directory provision
the election will not be set aside un
less the disregard of the provision has
been produced In the result of the
election. When . the election Is fair
and honest, courts will not disfran
chise the voters unless compelled to
do so by the peremptory requirements
of the law.
Directory provisions are such as are
not cf the essence of the election, but
are i nacted- as a guide to the officer
of the election. As to what require
ments are mandatory and what are
merely directory, the cases are not all
In agreement, and It may be difficult
In some cases to determine from the
authorities Into what class a provision
falls, but It may be said that the ten
dency of the courts and also of legis
lative bodies is not to hold a provision
mandatory unless it is clearly of such
a character that its violation will tend
to prevent a cokrect. determination of
the result of the election, unless It Is
declared In the law that Its violation
shall render the election vo:d. This Is
true .even if the language Is prohibi
tory as to officers or even If Its viola
tion may subject the offending officer
to penal liability. (8 Am. & Eng. Enc.
rs.) ,
If the polls are kept open after the
proper hours to penult legal voters to
vote when there was not time enough
to receive all the votes wlihln the
proper hours, and no illegal votes are
taken. It would seem as though all the
votes should be counted, and It has
been held that the requirement to close
at sunset Is directory only. (5 Am. &
Eng. Enc. 3C2.)
The closing of the outer door of the
room where an election Is held, at sun
down, and then permitting the voters
within the room to vote, will not ren
der the election Invalid unless It Is
shown either that legal voters were
excluded by closing of the door or that
Illegal votes were received after sun
down. The provisions of the statute
as to time of opening and closing of
polls is directory. . (8 N. Y. Court of
Appeals 67.) . . ..
Failure to observe merely directory
provisions of the election law will not
Invalidate an election where no legal
voters are deprived of their votes and
no Illegal voters are permitted to par
ticipate, and no uncertainty is thereby
cast upon, the result. (K8 111. 370. Sctau
ler vs. Hogan.) '
departure from the mode of hold
ing an election as prescribed by stat
ute .which does not deprive legal vo
ters 'of their rigtjt to vote.' or, permit
Ulegzl voters r to , participate It the
electloa, or cast uncertainty on the- re
sult. doenot ajffect the validity of the
election. (Par In vs. ; Wimberg et at
130 Ind. 661.) .-. . .
: Statutory provisions requiring the
polls to be opened and dosed at cer
- tain hours of the day are not gener
ally mandatory, and in the absence of
fraud and Injurious consequences ,' a
failure to comply with then will not
REPUBLICANISM WILL PROVE IT. STRENGTH at th enn
in a monster rally preceded by a torchlight procenston M0h
vall the features of previous parades and inaugurate i.ew on
The Central Committee of the RepublUan party has been hard
week In conjunction with the precinct ani party organizations t0 pr1 Hi
event, which from a spectacular and educational standpoint, win 1 '"Mr,tw
linest political treats given the eltlsens of Honolulu. w 0,l of
. 111 i.ntfimnr .4 n t . .
military precision, xne unnoncea organization from th. u b
Works, the Young Men's Republican Club And various smaller oritani. ; c
d Uled with
KUihl, Palamaand Manoa valley. ,utl("Hfro,
Walte Dillingham will have command of a troop of RoukIi m,i
make an Imposing addition to the long line of Republicans. KlambeauT" th
alo been made and a flambeau company organized. The latter ha. k1" W
ai d Will arouse enthusiasm. ' tri
All the candidates on the Senatorial and Representative Miket Int
with the "boys," with Hon. Samuel Paiker at their head. Vntv S
- . o . I ..uk.n.lla' will V. I,W - 1 .-. . . 1 lin
Is scheduled to start promptly at 7 o'clock from the drill sned. ' "Woo
At 8 o'clock W. C. Achl, chairman of the mass meeting in the iirin l
c.'ill the meeting to order. Arrangements have been made for e9n'
cf the people as possible. Berger's band and the Tuxedo quartet win u i
ante and render selections between speeches. A section of neau fnr i , M
their escorts will be reserved by the committeo In charge. K
Following Is the list of speakers and the order for the rally; n r,
Music by Tuxedo Quartet, Jonah Kumalae, Music by Band, OeorK(. 1 'r, "'51.
L. Naone, Music by Quartet. Bam 1'arKer, M'isic by Band, T. McCanu gt,
generally, of itself, render the election
void. (Pain on Election, section 309.)
"The strongest case of all appears to
be In the New York Court of Appeals
case," continued air. cooper, mere me
doors of the polling booth were cioseai
it sunset, and all those Inside the room
were allowed to vote, notwithstanding
fea1 Istvta nail Th. relrt said
111; nuui uau ivupj - i
the hour of opening or closing the polls
was simply directory. The taw gener-?
slly seems to bw that directory rules
or laws may De set asiae wimoui inier- i
fcrlng with the -validity or election, i
provided that no legal voter Is there-
by deprived of his franchise, nor any
( I la.o 1 vnt,r nllnwort In vnto nml that I
the result Is not made Indefinite.".,
WAT OPEN FOB ABUSES.
TT. O. Smith Takes Isru With, Secre
tary 0pr.
Editor Advertiser Secretary Cooper's
position seems to be that certain pro
visions of. the law governing elections
are mandatory,-and some; directory;
and the ground is taken that the pro-
virlons as to the lruir of closing the
polls is merely directory.
The statute governing the case
provides: "The polls shall be open
ed by the Inspectors at eight of the
clock upon the morning of the elec
tion day, and shall be kept open
continuously until five of the clock
in the afternoon of said day, unless
all of the registered voters cf the
precinct hall have p,))N .
votes previous to tio
which the polls shall be cMj
the votes ronnio.l ... Ml
provided." r
This provision Is held by hlra t,
directory oniy. ana need not
formed to.
But the provision that oniv .l
be provide,! at each polling cl
The distinction would a.iar u
w holly arbitrary, and mertiy t
of opinion.
If the strict letter of the utatutt
be departed from. It wouU tet
c-...., auu pucuiicu wun much w
danger, to permit the contructil
more than three shelves or iJL
J - "."in uc jHiiiing place, u J
used within the h
uer me lutieguaras provided bf ,
Li1a.11 lu ut'rniu 1 m vni n, n
into the night after the tlm UuJ
I.. Ik. .... "UU.1
If the latter is permitted, pvit
es mav arise. Some twiiiim ..1
be kept open long after uthn tJ
oeen ciosea. ana tne opportunitlf f
fraud multlDlied.
The safe course is to conform i
1 ne statutes, ana ir the ronult iW
that the provisions
allow all to- vote vho are entitle tij
so. then the law rhnnlil h. .A
lo depart from the rerjulrementiof J
taw is dangerous.
WILLIAM 0. SMITH
Vote tha Snargb Bfpubllcai Ticitt
WE HAVE THE. HOST' COMPLETE LIS
OF -
1
Electroliers, Brackets
PIANO AND READINO LAMPS,
DECORATIVE- AND PLAIN SHADES AND GLOBES.
MEDICAL BATTERIES. ANNUNCIATORS.
Bells, and General Electrical Supplies
IN HONOLULU.
Special Bargains
in
4
ELECTROLIERS
AND SHADES.
Hi
ODD I
FIXTCI
Rod Sbtlij
SMcrifiift I
The Hawaiian Electric Co., Ltd.
Office : 'Phone 390.
P. O. Box 144.
Power Station: 'Phonr
The Paris
Exposition
OF
1900
AWARDED TO THE
Remington Typewriter
M A DIPLOMA OF "GRAND PRIX."
A - "GRAND PRIX" Is the hlgheut grade of
by the Pani Exposition, higher than Gold or Silver
u tm .1 kuuf cnwfuiiiuB 01 me Buyi cuiu
rEMINGTON.
BBSSBSSSSSBSVSBSSSSBBSSBBSWBBaVSSaS
H. HACKFELD & COMPANY, Ltd.
Dealer, fof the Hawaii T"
' sl
Kor exhibition at the stors of tks PACIFIC u- 1
UAXUFACTURINO COMPANY, EHLER8 BLOCK. j
STREET.
RepublicansDemocrats,
Independents and Other P&A
Should unanimously ' endorse the following facts: " maftsl
Resolved, that it is the sense or tne party tnavms n-
factory) to encourage th benefits and pleasure, tbe
; HONOLULU BELLE CIGAR
Doe to voters, ,by 1U liberal and general ure of aameb , "
In to Territory,. , - Sold jby all retailers. for fly oeata,
J. J. Plbnsky.
TERRITORT OF HAWAII.
SOLO