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THE PACIFIC COMMERCIAL 'ADVERTISER, JIONOLULU, JANUARY 14, 1904.
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WALTER G. SMITH .: ; : : .. : : : EDITOR.
THURSDAY, : : : : : JANUARY 14
THE NEXT STEPS. j -
J The unanimous decision of the Supreme Court declaring the
County Act invalid, devolves important responsibilities upon the
Governor and the people. So many perplexities appear that it is
necessary to go slow ait determining what is best to do. Governor
Carter fully realizes this, and has called a conference of leading
citizens to meet this morning to consider the outlook a method
resembling the recourse to the "elder statesmen" in Japan, and al
together admirable "in its assurance of calm deliberation and a sat
isfactory procedure afterwards.
, Two or three conclusions seem to be clear already to many cit
izens, friends as well as opponents of the County bill ;
(i') The communitv cannot afford to have and does not .want
the present Legislature to be
Tin rn blip faith in its inteeritv
1H - a - j
be kept to one subject nor to a
the Legislature would insist on
County bill and thirty, days to
an cvnpntp nf not less than Sl.OOO Oer dav. There is no assurance
that a second County measure
. . a 14- i;i-Kr
"1U1C uwucul ' M 1L
so modified as to render them 01 Uttie value as a saieguara. vcr
' ,11 i Ai -i r i, nt
ma.nAlr.rrc lirnllll ho OC htfrrp thp trail Ctt tllP fTatter.
fiuuif,s nuu.u iv., v..v.v.,"-
Y2V The annulment of the' County Act- does not make it im-
perative that the Legislature should convene and make new appro-
priations. To arm against contingencies such as the failure of a
Legislature to provide tor the
ic Act empowers the Treasurer of the Territory, "with the advice of
the Governor, to meet such obligations from the public funds as
may have been authorized by the last previous appropriation bills.
Thus, where the Legislature of 1902-3 deprived the Territory of
certain appropriations which were passed over for County enact
' tnent, and which the annulment of the County law again makes nec
essary, the appropriations made by. the Legislature of i960 apply.
In brief Hawaii goes directly back to the void form of government
established by Congress and to the appropriations made by !the
first Legislature which were not continued by the second. So there
will be no "chaos" and no hiatus; simply an orderly and safe rever
sion to first principles. Meanwhile every official chosen under the
' County: Government ActV ceases his functions, his election being
void by virtue of the illegality of the Act under which the County
, election was called and held. '
What not to do seems clear enough ! What to do is something
that may be safely left to the Governor and his veteran advisers.
o f ,;"'V-''
, THE WORK OF TEACHERS.
Th Advertiser is glad to ' see that
public interest in the school question
keeps up. In .. . another column we
print a strong letter from Mr. E. D.
Stone withbut, however, concurring in
"Ills' criticisms of the Superintendent of
JPublic. Instruction who, like other'suc
ssful men, may pursue an avocation
without harm to his vocation or to his
public Usefulness under it. With the
generai attitude of Mr. Stone, however,
this paper has concurred m advance
and it welcomes his concrete illustra
tion, of the fact that teachers have an
easy time,under our system as com
pared with the eight, ten and fourteen
hours' a day people, who constitute the
. majority of those who labor. Perhaps
Mr. Stone credits the teachers with too
little work when he times the daily
task, Saturdays and Sundays excluded,
at only four hours. The correction of
papers prepared by school children
takes considerable time, in spite of the
fact that some of this work is not
accurately done. It is open to debate
whether so many papers are needed,
particularly in view of the practice of
sending small girls home to investigate
and write upon .De Sotor Savonarola,
John Milton and the Chinese question.
Such papers as these youngsters must
prepare are millstones about the neck
,f primary education, though where
they are required considerable work is
supposed to fall on the teacher outside
the four hour limitin reading and cor
recting them. Still, if we put the
teachers actual hard work at five and
a half hours daily, with a week of five
days 'and a year minus 165 days, we
make out a case for Mr. Stone which
When the "Maru" steamers go off
the! trans-Pacific route,' it will make
a difference in the import business of
local Japanese merchants. It is doubt
ful if the Pacific Mail and O. & O.
liners, in the event of a Russian block
ade, would afford much if any relief.
They might avoid Japan and do busi
ness with the treaty ports of China
and with Manila only. Among the
possibilities of war in the Orient is a
scarcity of Japanese food products here
and a higher price for tea.
The legislative grafters were all on
the. street yesterday, smiling like
sharks in the expectation of a dead
horse. They thought they scented an
Judge Dickey, the- Sunny Jim of the
Judiciary, held on to his commission
to good purpose. Observe "the smile
that won't come off."
fiir,Wj rnhhoriHS and the lik on '
Kaua are notning unusual. With a
whiskey ring, a gambling ring, a cor- I
rupt police force and all sorts of dev- j
or ability as a whole. It could not
minimum limit of time.
sitting sixty clays to consider a new
consider appropriations under it, at
, . r- .
would be. more valid than tne nrst or
K-ji- ,"tc hnnflintr clauses would be
expenses 01 uovernment, tne vjrgd.ii-
iltry going on, Kauai is the Red Light,
island of the group. It needs a strong
infusion of law and wholesomeness to
redeem its evil reputation. "
. If the war correspondents don't find
any fighting in the Orient, they might
return here. Hawaii generally has
To Oily Bill .White:'
PUBLIC OPINION IS
AGAINST EXTRA SESSION
(Continued from page 1.)
ton on the Korea Friday and push the
Hatch bill through Congress. But
even this has its drawbacks as there
would be some delay and the possibil
ities of failure in the end. An appeal
to the United States Supreme Court
is also suggested which would permit
the county governments to exist, al
though there would still be the diffi
culty of obtaining credit in the un
settled state of affairs.
If a special session is called the leg
islature will be at liberty to act as it
pleases, and introduce bills of every
variety, not to mention innumerable
resolutions which some legislators are
already said to be preparing: for in
stance a vote of want of confidence in
the Supreme Court, and a few choice
ones relative to the Governor and Ke
poikai. Home Rulers who were talked with
yesterday say they are willing to bind
themselves to pass the county bill and
go home when that is done.
W, O. Smith, chairman of the Re
publican Commissioii which framed the
County . Act, said it was a good time
now "to stop and think." As the speed
iest remedy he suggested an immediate
appeal to Congress which he consider
ed the surest method of settling the
present difficulty. He did not believe
the Supreme Court having held the
County Act invalid in two different de
cisions, that the legislature could pass
a bill that would stand the test of the
courts in view of the limitations of the
Chairman Crabbe, of the Republican
Executive Committee,; said the com
mittee would meet with the- Governor
this morning. He thought that it
would require at least sixty days for
the Legislature to pass a new bill.
Curtis Iaukea, chairman of the Home
Rule Committee, said the committee
was to hold its regular weekly meet
ing this afternoon at which the ques
tion would probably come up. He said
that the committee passed a resolution
condemning the Hatch mission, but had
afterwards reconsidered it, and was
willing to have the County Act endors
ed by Congress.
Representative Andrade was of the
opinion that anything would be better
than a special session of the Legisla
ture. Representative Jonah Kumalae, for
mer, Republican leader in the House,
now a Home Ruler, said a special pes-
, , . . , , . ...
bound to take up only the count v bill
or the appropriation bills, for which th
Governor would call them. He sail
he would sign such an agreement. "It
seems as if we are children and can't
a comity hi!!." said Kumalae.
' Kanr.Ka try it. no t in i
it. vow lt J;ipr.ne?e and Pake do it.
. , . '
"rid a n.itivo poucemon w!w was stand-
jn? niir hv.
Representative Harris favored
called into extra session
f agreement to deal only with
; legislation before a special
should be called
Representative Aylett; thought tha
the twenty-three Republicans would
bind themselves to pass a County biil
and then quit. He did not b?iieve the
old appropriations could be made to do
duty. The idea of a special session
with a written agr?ement to consider
only the County bill seems to have been
quite generally, discussed - among the
members of the Legislature".-
Senator Brown intends to leave this
morning on the Siberia- for Japan so
the benefit of his counsel will be, lost
to the Senate. He is, the only lawyer
in the upper house.
It seems to be the general opinion
that if a special session is called and
a new law passed, a new election will
be necessary. Another, view is that the
legislature can validate the election al
ready held under the County Act.
The collection of taxes is not inter
fered with, provided officers can be ob
tained who will carry out the law with
their salaries a matter of uncertainty.
It is said that Treasurer ISepoikai is
considering the appointment of Curtis
Iaukea as tax assessor to fill the va
cancy in the Oahu office.
is The merchandise tax is jjau, which
will save the Merchants Association
' the necessity of testing it. Other li-
' cens,ea are also knocked "out". The in-
1 K-tjinc icijv c.ciiiiiju is iuwerea again
, to $1,000 instead of raised to $;soo as
; in June and November as provided in
- the County Act.
The Territoriai Board of institution
was long- ago knocked out and with the
Supervisors out of existence the Super-
intendent of Public Works again as
i sumes his old duties.
I - .
j judge Dickey again becomes first
judge and Judge Lindsay will take his
old place. Vida will no longer be able
to hold office as roa1 supert.isor as it
is an office of the Territory and he as
a member of the Legislature cannot
hoid the job
The famous hack clause which it was
believed would involve Hawaii in trou
ble with Japan is also a thing of the
past. - . ' )
VIEWS OF A
"I have had conversations today with
a number of leading ' members of the
bar," said W. R. Castle yesterday,
"and the impression seems to be that
it is possible to get over, the financial
difficulty engendered by the county act
decision, by the operation of the. Or
ganic Act, which makes provision in
cases of failure of . the legislature to '
appropriable, the appropriations of the
last preceding legislature can be used.
The six months bill passed by the ",
present legislature would be a guide in
this way. The passage of the eighteen
months bill is taken as an indication
that the legislature intended to provide
means for carrying on the government
"The gravest danger in my opinion is
with tne criminal law, , Suppose the
Supervisors appeal to the Supreme
Court at Washington and in the mean
time- rne county omcers continue in
control. The police make arrests, and
the courts try and convict them and
they would be condemned.
"Suppose that these condemned men
apply to the Supreme Court for a writ
of habeas corpus on the ground that
the county officers had no right to
make arrests, their contention must be
upheld upon today's ruling that the
county act is void, and they would be
released. There would be a regular
Take the other side. Suppose there
is no appeal and the Supervisors ac
quiesce in the decision, and the Tei-ri-torial
officers resume their duties.
They make prisoners and they are con
victed and condemned. Then the con
victed man goes to Washington on an
appeal on the constitutional ground
that he has been arrested and convict
ed by some ore not authorized to do
so. Then if the Supreme Court holds
the act to be valid chaos will result
and there would be another jail de
livery. The criminal side of the law
appeals to me a3 the serious one and it
may make a great deal of trouble.
"One thing is certain no one wants
another session of the legislature.
Everyone I have talked with today is
opposed to such a thing."
Acting under instructions from Sec
retary Atkinson, High Sheriff Brown
yesterday afternoon sent wireless mes
sages to all the former sheriffs and dep
uty sheriffs in office before the County
Act displaced them, instructing them to
again take over their offices and re
port to him as before.
Governor Carter gave orders, .shortly
after the Supreme Court decision was
filed, for High Sheriff Brown to assume
his former powers, taking charge of all
Territorial and "county" prisoners, and
reappointing deputy sheriffs. The mat
ter was brought up at a conference of
Governor Carter and Secretary Atkin
son with United States District Attor
ney Breckons, W. O. Smitli and L. A.
Thurston. It was decided by the Gov
ernor that the Territory must imme
diately assiyne jurisdiction in all police
matters, involving the proper guarding
of prisoners, so as to prevent jail de
liveries. The High Sheriff's messages went to
Sheriffs Andrews at Hilo, Baldwin at
Maui and Coney at Kauai. This order
will release "Sheriff" Bill White of
Maui, and "Sheriffs" Keolanui and Ka
mauoha of West' Hawaii. It is believed
that in, these districts where "county j
sheriffs" were elected, other than the J
former incumbents, there will be trou- j
ble in making the change.
Territorial Tax Assessor and Collec
tor Pratt also sent wireless messages
to deputy collectors on the other isl
ands. He wired Treasuier Kepoikai
yesterday asking if he would rmt guar
antee the payment of the nww.rv t.if
blanks out of the treasury incident;".!.'
or other funds so that the tax return-"
can be ma!' this month.
r ew Year's Advert ser ready for mall-
ing at 5c each to be had .-4 the office.
Nausea between meals, belching, vom
iting, flatulence, fits of nervous head
ache, pain iu the stomach, arts all
6ymptoms of dyspepsia, and the longer
it is neglected the harder it is to cure it.
Radically and permanently cure it
strengthen and tone the stomach and
other digestive orgadfe for the natural
performance of their functions.
- Accept no substitute for Hood'c
"I bad dyspepsia twenty-fire years anr"
took different medicines but got no help
until I began taking Hood's Sarsapari.la.
Have taken four bottles of this medicine
and can now eat almost anything, sleep
well, have no crampa in my stomach, no
burning and no distress." Mas. William
G. Babreti, 14 Olney St., Providence, B. I.
Hood's SarsapariUa promises to
euro and keeps the promise.
flollister Dri Co;
THINGS WILL GO WRONG;
WHY LEAVE THEM SO?
Better right them now. A
little . JLooKing; into v - on your
own account; not taking too
much for granted, will work
wonders. Start the year, by
supplying your table , with solid
silver. It is cheap now, but may
not be so very long, as silver is
steadily rising in price.
We.are selling at the old price
and will continue . to . do so, for
some time, and as that price is
as low ag the lowest catalogue
price from the States, it will pay
you to make your purchases now,
and right at home. Take our
price list and compare it at your
leisure, we know the result.
Many patterns to select from
and no remittance with order.
F. Wichman & Co, Ltd.
Jewelers and Opticians.
Improved Real Estate
Repaid in Monthly Instalments
For particulars see
Judd Building, Honolulu.
Guarantee Capital against loss.$ 200,000
Subscribed Capital.-. ........... 8,500.000
Paid-up Capital ................ 1,000,000
R. CAMPBELL, Cashier.
' H. E. POCOCK, General Agent.
you can obtain an up-to-date office in the new ALEXANDER YOUNG BUILDING f f 20 as
per month and upwards. The price includes hot and cold water, electric liVhtQ ar..t f
The ew-firepr,f warehouse back of .he Young liuiWintt'noStfe.i
elevator, and storage room may be obtained cn application to the agents of the building
THE VON riAMM-yoUNG CO, LTD.
The Pacific Hardware Co., Ltd.
CORNER FORT AND MERCHANT STREETS.
MONDAY, JANUARY 4TH,
We will sell '
I Are -- sm ' ' f :
f You Waiting? fl
iV INCANDESCENT ELECTRIC LAMPS are almost in-
dispensable in the home and the cost now is very low.
JJon t delay availing yourself of the convenience and com
HAWAIIAN ELECTRIC Co., Ltd.
j umce Jtung near Aiasea, .fnone Main 390. .
J. FV Morgan, President; C: J. Campbell, Vice-President; J. L. Mc
Lean. Secretary; A. F. Clark, Treasurer; N. E. Gedge, Auditor; W. H.
Hoogs, Manager. ,
SZ-u.sta.ce-ccns Co., XjtdL.
WHOLESALE AND RETAIL DEALERS IN
Firewood, Stove, Steam, Blacksmith's Coa!
Also Black and White Sand. Telephone Main 295.
Special Attention Given to Draying.
PEOPLE WHO KNOWr
say that when we paint a house it gives such good ? r(
satisfaction and stays painted so long, that it; is ; L -economy
to have us do the work, even if the price ;;- r
does happen to be a little higher than some others
may offer. . -
S. STEPHENSON, THE PAINTER.
Byron Hot Springs
Only 68 Miles From San Francisco on
Main Line Southern Pacific Co.
MOST WOHOERFIil SPPJfcGS
HOT SALT, HOT, MUD AND SUL-
Fine warm swimming tanks. Drink
ing waters of wonderful curative quali
ties. " Pronounced the best In America
for Rheumatism. Gout, Sciatica and
Thoroughly modern steam heated ho
tel as comfortable In Winter as Sum
mer. Call at Advertiser Office for booklets,
or on Mr. J. EL Burkett, who kindly
allows the use of his name.
Address, H. K. WARNER,
Byron Hot Springs, Contra Costa ,
NEW SPRING CHURNING.
m Crystal Springs spring butter is now here, sweet as the clover
tn" h aSndais' Jt will be the best part of breakfast,
lunch and dinner. Order from
-. mm .
Tel. Main 45
- . -:
To in tilers
50 cents a dozen.
Will sell the
balance of his
1 120 Nuuanu Just Above Hotel.
HoDO'ulu MuiDal Burial
J. II. TOWNSEND, Secretary.
Office with the Townsend Undertak
ing Co. 124 Beretania Street.
Tel. Main 45