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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...... C . Z t m 1 p t f- I f 1 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