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THE PACIFIC COMMERCIAL ADVERTISER, HONOLULU, JANUARY g, 1907.
H 1 V H THE Pacific Commercial Advertiser A MORNING PAPER. WALTEE, O. SiHTII EDITOR. WEDNESDAY JANUARY 9. BUSINESS, NOT POLITICS. Sam Johnson has tlone the right thing in getting out of politics. He is employed to make roads ami attend to the city's garbage and do both duties as economically and well as he knows how. While in politics he was more or less under the thumbs of the men who worked for him. He could not safely offend a lazy man by compelling him to do a fair day s labor for a lair uaj s t on the reguiar cruising route of the squadron, it has the right to ask. .Now, being William Osier of Oxford University, whose humorous reference to another's advocacy of the chloroforming of old folks added to the gaiety of nations and his own share of life's griefs. Another of Mrs. Osier's living sons is a mem ber of the Dominion Parliament; and one now dead was a noted criminal lawyer. - It is- to be hoped that the United States will send a suit able squadron here to greet and receive the "visiting Japanese, and fitly pay the obligations of courtesy. Star. This is the intelligent view of the case and it is not unlikely that the Government has already chosen to be represented here by something better than a tug when the Japanese visitors come. An official request or one from public bodies here might make the thing certain.- On the Coast, for years past, the North Pacific feet has been almost at the beck and call of commercial bodies, which get it to attend even their local seaport celebrations and fetes. Hono lulu has sometimes overlooked this opportunity to its cost, although, as a LONG WINTER EVENINGS ARE AGAIN AT HAND pay, because, in that case, the man might not vote Sam's ticket out of politics, he can compel efficiency with the alternative of dismissal. All this will Le good for the community and good for Mr. Johnson. It will help both; and the Republican party will gain more from the record of wise administration of public works than it possibly could from the enforced align ment, on its side, of a lot of road men and garbage carriers at the primaries or the polls. With the road department out of politics on the one hand and the police department on the other, and both intent on doing the best that is in them, Honolulu ought to have a sort of civic millennium. This situation every good man should do his best to perpetuate. What this place most needs and wants is not politicians and party machines, but honest workers and clean business methods, in office. The tense discipline of parties that have pres idents, governors and United States senators to help elect is not needed in vhis little Territorial community where our political interests are all local, where we all know each other and can pick out the best men for omees, We can work out average good government here without all the formalities of organizing and drilling and log-rolling that pertain to States where the : change of a single vote may decide the fate of the nation. Bosses can be - entirely ent out without harm to any legitimate interest we have. This paper knows of no more hopeful sign than that one of the two powerful republican dictators has been shorn of his "strength at the polls and that the other has voluntarily relinquished - politics." - ; . - : ROOSEVELT AND DE BOLT ANTICIPATED. It may or may not be that Judge De Bolt obtained his inspiration for the bold words he held regarding the overruling of trial courts by the Supreme Court on mere technicalities, in his decision refusing a new trial to the second "degree murderer Takaraoto, from tha recommendation of President Roosevelt on the same subject in his message to the present Congress. There. is certainly a strong similarity between the expressions in the two deliverances in question. Whether , the ideas are original with Judge De Bolt or otherwise, his expression of them is not here to be attacked. The object of bringing forward the subject now is merely to show that the Supreme Court of the Territory of Hawaii anticipated even the recommendation of President Roosevelt on the subject and, further, that it has not adopted the course mentioned by Judge De Bolt. It Is not necessary to repeat the latter 'a observations quoted only yesterday in this paper. What the President said is reproduced below. After recommending at considerable length the pas sage of a bill actually to be introduced at this session, giving the Govern ment tLe right of appeal in criminal cases, but only upon points of law, the President proceeded to say: t "'In connection with this' matter I would like to call attention to the very unsatisfactory state of our criminal law, resulting in large part from the habit of setting aside the judgments of inferior courts on technicalities ab solutely unconnected with the merits of the case, and where there is no at tempt to show that there has been any failure of substantial justice. It would be well to enact a law providing something to the effect that: '.'No judgment shall be set aside or new trial granted in any cause, civil or criminal, on the ground of misdirection of the .jury, or the improper ad mission or rejection of evidence, or for error -as to any matter of pleading or procedure unless, in the opinion of the court to which the application is made, after an examination of the entire cause, it shall affirmatively appear that the error complained of has resulted in a miscarriage of justice." Now it happens that the Supreme Court of Hawaii forestalled the Presi-! dent in these sentiments, in solemn exposition of the law of a case, by nearly a year and Judge De Bolt 's utterances on the subject by precisely one year. This was in the opinion of the court, by Mr. Justice Hartwell, in Kapiolani Estate v. Thurston, as will clearly appear from the following abstract of a portion of that deliverance. Actually, indeed, the anticipation stated is years old, as shown by the court's citations from its own previous decisions. In the case here quoted, decided in the first week of January last year, the court discusses a question of the admissibility of certain evidence, concluding: "No logical reasoning, no theory of hearsay or res gesta makes this action of the church a probative fact for the jury to consider. Its admission as evidence, against the action of the defendant, and tha refusal of his request to take it from the jury was erroneous." From this point the opinion of the court runs in part as follows: "But we do not think that on this gTound alone a new trial ought to be granted. The tendency of American decisions is to enlarge the scope in civil cases of the doctrine of harmless error in admitting evidence. "Wrongful exclusion of evidence is far more likely to harm than is wrongful admission. An appellate court ought not to be so ready to order a new trial upon conjec ture that the jury may have based its verdict wholly , or in part upon the irrelevant testimony as in cases in which a party was not allowed to make out his case. The modern jury is apt to draw its own inferences from evi dence before it rather than to adopt the conclusions of an ecclesiastical tribu nal. The case has had two trials with the same result, although the expul sion was not shown at the former trial. The judge who tried the case had time after the verdict to reconsider his ruling and in denying a new trial probably-thought that the verdicwas right. A trial judge properly refuses a fiew trial for admission of irrelevant testimony if he thinks that upon the other evidence the verdict was right and probably not influenced by the ob-j jeetionable testimony, as in granting a new trial he is apt to regard the verdict as wrong. Mayor Schmitz does not want to be tried. Probably Abe Euef feels the same way. so aid lweea, an Jbastern predecessor of theirs. These courts and juries are most annoying to politicians who are busy grafting plum trees. A Tokio society has been formed to promote Japanese interests in the Philippines. It would be interesting to know how many branches it has among the Pulajanes. , I 8 2 ! It is the season for reading in the home. Then your light 5 is important. It must be clear and steady for comfortaM I 5 : is cnnfrpnial tn tliA -- .v v;vjiSm. xl is ucaicsi 10 aaywgnt evenly 9 A 1 -0, CnA ir 1 1 T ... 5? umuo,:u given area, rrom tne standpoint of cost it , reading.' ELECTRIC LIGHT decidedly economicalall things considered. HAWAIIAN ELECTRIC COMPANY, LIMITED, THONE MAIN 390. here Why should Hawaii import sugar sacks by the million that might be made x.m., " from material grolfc on the soil! - : I r i i 3 SATURN THE EMILY EyEfJI 6 STAR Cgmmcnce the year right by buying a Honolulu, T. H., Jan. 2, 1906. Editor Advertiser: To settle a dis pute, will you kindly elucidate the fol lowing point? There is1 'a' stax of ap parently 1 1-2 magnitude, visible in the early evening high up towards the S. or SW I think in or near Aquarius, and the .apex of Capricorn Points to wards It.-. A says' It Is Fomalhaut; JB says it is a planet and that Fomalhaut 1 is nearly 20 degrees further south. Now f is there any planet visible in; that region at the present time? Tour 'an- i swer will greatly oblige A SUBSCRIBER. New fair Bras Professor McNeil, teacher of phys ics at Oahu College, reports having scanned the heavens Thursday night at 7;45 and located Saturn apparently in, or near, Aquarius. Formalhaut was located about 15 degrees farther south and nearer the horizon. He has n doubt that the bright star referred to is the planet Saturn. This report was later verified by Pro- j fessor Alexander, who says there is no j occasion to go further for information, j as Professor McNeil is a careful man. I ter. Its distance from the sunis about 886,000,000 miles. Its period 29 1-2 years, its diameter 75.000 miles at the equator and 68,000 at the poles, its time of ro tation about 10 hours and 14 minutes Is chiefly remarkable for its eight sa tellities and its rings, two flat luminous bands in the plane of its equator, now generally believed to be streams ... of small bodies revolving about the plan et. In astrology it was regarded as a melancholy planet. - COMMERCIAL CLUB A new lot just opened up, and will be sold at the RIGHT PRICES. Take a Look at Them! SHAPE , ) Shoe style is mostly shape; and it must be shape that stays. Our Malta Oxford is not only shaped on a correct model but every pair is so throughly well made that it keeps its original grace ful lines until completely worn out. Many shoes costing - considerably more money haven't the faultless fit, exquisite lines and real distinction of the Malta. - PRICE $5.00 Manufacturers' Shoe Co., Ltd. 1051 FORT STREET : : : ,'PHONE MAIN 282. (Continued from Page One.) for it. Then the Lydecker motion to reconsider was put by the chair and seconded by Mr. von Holt. "When the vote was taken Mr.' Morgan and the second were the only persons voting in the negative. This having carried, a motion by Mr. Reidford to make a lease for the McCandless building was put and carried, Messrs. von Holt and Mor gan voting against. . - . 1 . : t. . - ' - : CROUP. - r- , .. ... - a A reliable medicine and one that should always be kept in the home for immediate use is Chamberlain's Cough Remedy. It will prevent the attack 'f given as soon as the child , becomes hoarse, or even after the croupy cough appears. There Is no danger in giving it to children, for it contains no opium or other harmful drug. For sale by Benson, Smith & Co., Ltd., agents tor Hawaii. Lli (BE TABLE DAINTIES You may have what you like for the, table in the way of delicatessen if you deal with us. We make our own bologna sausages, have a well assorted stock of salt and smoked fish and a complete line of American and imported cheese. Our sausage is made on the premises every day. DAINTY NOTICE TO THE PUBLIC. 'JBr the early English rule erroneous admission or exclusion of evidence tliI not authorize setting aside the verdict 'unless upon all the evidence it appeared to 'the judges that the truth had thereby not been reached.' 1 Wiginore, Evidence, Sec. 21. But about the year 1S33 English courts began setting aside verdicts for admission of irrelevant testimony unless the same) fact was otherwise proved. This continued until the Judicature Act of 1S73, which restored the Original rule, enacting that a new trial should 'not be granted for improper admission or rejection of evidence unless in the opinion of the court some substantial wrong had been thereby occasioned on the trial.' "THIS COUKT IN SEVERAL CASES ItAS DECLINED TO ORDER A NEW TRIAL FOR ERRORS WHICH APPEARED TO IT TO BE HARMLESS. Thus in Merricourt v. Norwalk Fire Ins. Co., 13 Haw. 221, 'Although we do find that the trial judge was clearly in error in some of the rulings on the admission and exclusion of evidence complained of, still we do not consider these errors of sufficient gravity to justify us in setting aside the unanimous verdict of the jury and remanding the cause for a new. trial.' So in Gay v. Farley, 16 lb. 79, in respect of certain evidence of doubtful relevancy, 'the error was harmless, for not only was there ample other uncontradicted evidence to require the findings as to the fact and the amount of the shortage, but some of that evidence consisted of admissions, as to both the fact and the amount of the shortage, made by Wright before his resignation and in connection with his official duties, so that the admissions objected to were at most merely cumu lative.' Upon an erroneous exclusion of evidence in Territory v. Wright, lb. 144, 'We cannot, however, say that its exclusion was prejudicial to the defen dant or was reversible error, the defendant having substantially admitted the receipt of the money.' In Wong Hoon Kan v. Lui Yan, lb. 736, upon the same usbject, 'If it was error to allovtf this question, tho error was harmless, for the issuance of the warrant and the arrest of the plaintiff on defendant's com plaint were fully shown otherwise.' "As a general rule we think that new trials ought not to be granted for errors in rulings upon evidence when there is no reason to believe that they effected the verdict." : It is an interesting fact that "Mother" Parker of Honolulu is just five days older than Mrs. Featherston Osier of Toronto, Canada who celebrated , her one hundredth birthday on December 14. Mrs. Osier is the mother of Dr. The undersigned will not be respon sible for any debts contracted In hia name without his written consent. , 7619 WM. L. WELSH. Next Monday, Jantiary 1 4 th - OUR Clearance Sale ;- ' OF .... - READY-TO-WEAR APPAREL WILL iBEGIN. " V We will sell at greatly reduced prices remnants of OUR FALL STOCKS of Woolen Suits, Skirts, Coats and Jackets, Lawn Shirt waist Suits, Linen Suits, Craven iette Coats and Women's and Children's Mackintoshes, and Boys' Tamoshanters. , See our Window Displays. 111 i Coalport ! Coffee Cups Many New .Ones Been Received in New Designs Have From $2.50 Upwards. WHOSE SALES ARE SALES. HI WIGHMAN 1 Limited, LEADING JEWELERS. THE etropolitan Meat Co,, Ltd. 0 , KEEP YOUR EYE ON t ! Park Nerves must chime in uni- Y son, since many organs of the body stand in important functional connection with . the nervous system. Frequent functional or or ganic disturbances follow derangement of these ner vous oaths between brain and body. . Paine's Celery Compound, for more than 19 years the standard nerve tonic is sanc tioned by specialists. Read the formula and the statements of the medical authorities and you will un derstand just how and just why it is. Paine's Celery Compound contains no alcohol, no co cain, no opium, no harmful drugs of any nature. It has stood the test of generations. The New Subdivision Adjoining beautiful College Hills on the Diamond Head side. Lots 70x200 feet Will be sold for from $500 to $800 each Terms: x-4 Cash, 1-4 in 8 Months, 1-4 in x6 Months and 1-4 in 2 Years at 6 per cent interest. Road are now in course of construction. Water pipes are now being laid. Superb Marine and Valley views. Only one short block from the Manoa Valley Cars. Further information will be given by Telephone Main 480. Beslcy : : Campbell Block