OCR Interpretation


The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, January 10, 1907, Image 5

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

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85047084/1907-01-10/ed-1/seq-5/

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II
4r M hSS
The first of the New Tear you will
need a new stock of
Office
Su
We have Just received a large stock of
BLANK BOKS,
INKSTANDS. I
INKS. PENS. PENCILS. ETC.
As we are closing out our stock of
OFFICE CABINETS, same will be
SOLD AT COST.
Wall, Nichols Co.,
LIMITED.
EAGLE CLEANING AND
DYEING WORKS.
LADIES AND GENTS CLOTHING
CLEANED AT LOWEST
PRICES.
Fort Street, opposite Star Block.
Phone White 2362.
MIKE WRIGHT CIGAR
The best smoke sold fa this
market. Try it.
HAYSELDEN TOBACCO
CO.
Alexander Young Bldg.
ALL KINDS OF
Rubber Goods
GOODYEAR RUBBER CO,
R. H. PEASE. President.
57S-E75-677-679 Market Street.
San Francisco. CaL, U. 8. A.
J.A.GILMAN
Insurance,
General
Commission,
AND
Business Agent
OFFICE IN THE
JUDD BUILDING.
ROOM 4ud.
UMS. GOLD AND SILVI35
JEWELRY.
UP-TO-DATE STYLES.
Ready-made or by special order.
Prices reasonable. Call on us.
SUN WO
No. 1303 Maunakea St. P. O. Box 943.
SMOKERS ATTENTION
The finest line of Smokers articles,
and a full line of Havana and Domestic
Cigars, Egyptian and Turkish Cigar
ettes, packed especially for holiday
gifts. The prices and goods are right.
MYRTLE CIGAR STORE.
JOHN NEILL Engineer
Dealer in
NEW AND SECOND-HAND MA
CHINERY. Repairing of All Kinds.
GASOLINE ENGINES A SPECIALTY
135 Merchant Street. Tel. 116.
ALL KINDS OF
BUILDING AND REPAIR WORK
DONE ON SHORT NOTICE
By
Wm. T. Paty
1043 ALAKEA STREET.
RICE & PERKINS,
ARTISTIC PHOTOGRAPHXRP
Btodlo: Hotel Street, netr Tri.
i
STANDARD BOOKS
OLD ON EASY PAYMENTS A1
Wm. C. Lyon Co., Ltd.
Tort and Hotel 8ta.; Usitalrs.
ASSESSMENT NOTICE.
At a meeting of the Board of Control
of the Harrison Mutual Burial Associ
ation, held November SO, 1906. Assess
ment No. 5 was called, to be due De
cember 15 and delinquent January 15,
1907.
J. H. TOWNSEND,
Secretary.
K. FUKURODA
has Just received the very best Bam
boo Screens for verandas. Try one,
PRICE $1 AND Jl.:3 A FOOT.
. 23 and U Hotel Street.
THE PACIFIC
III Villi ULLUU
Burgomaster.
m t- . w . s, x. f v.w
imim uiiiLi if r
Full Statement of Case
From Protesting
Side.
In the Circuit Court of the First Judi
cial Circuit, Territory of Hawaii.
At Chambers. In Equity.
L.. L. McCandless, Complainant, vs.
Oeoree R. Carter. Governor of the
Terrltorv of Hawaii, and James
W. Pratt. Commissioner of Public
t nr (ha Terrltorv nt Hawaii.
Respondents. Bill in Equity for an
Injunction.
Brief of Complainant L. L. McCandless.
After oral argument of the demurrer j
filed herein the court asked counsel for :
the resDective partfes to file briefs upon
two points raised by the demurrer, to
wit:
Whether or not Mr. McCandless as a
citizen and taxpayer was entitled to
bring this action for an injunction.
Whether the threatened act of the
respondent, James W. Pratt, was an
act unauthorized by law and therefore
illegal.
Counsel for respondent has evidently
reproduced In full his notes used upon
the oral argument.
As to the first two points of his brief,
we shall not notice them, feeling as
sured from the request of the court to
confine ourselves to the two points sug
gested by the court that the court is
satisfied that the other points are not
well taken.
We shall address this brief, then, to
the points upon which the court re
quested briefs.
THE COMPLAINANT IS ENTITLED
TO BRING THIS ACTION.
The lands sought to be exchanged are
now under lease and bringing in a
yearly rental to the Territory of Ha
waii. If a transfer of these lands is
made the rental will, of course, cease,
and the Territory be deprived of the
revenue therefrom. The fact that the
Territory seeks to exchange these lands
for lands of eaual value does not in
any way show that the lands which (
-will be taken in exchange are or v,ui
be income-producing lands. The notice
calling for bids does not specify any
thing In regard to income-producing
! property. Lands of great value are aU
! over the islands in large tracts, which
do not bring in one cent of rental. The
fact that they may be of equal value
t. lanHa whlfh are nrodUClne
nii.ii uiuci "." " -- "
an income aoes noi cnange we
that the exchange of the income-producing
property for that producing no
Income would increase the taxes of the
citizens.
It is absolutely certain that the Ter
income does not cnange
ritory will be deprived of the income
from "the lease of the public lands
leased to Charles Gay, which lease ex
pires January 1, 1916, in case the pro
posed transfer is made. This means a
loss to the Territory of ?5000 in rental,
which must of necessity reduce the
cash in the treasury to that amount
and increase the taxation of the people
to that extent, xnis loss win iouow
from the transfer of the land described
in Government Lease 167.
Again. Charles Gay holds by lease No.
569 expiring June 2. 1925, the land de-
.. , nv.... 11 1 i intn
the Territory the sum of $11,000, and if
the land is transferred by the govern
ment this means a loss of that amount
to the Territory, and the necessity or
the taxpayers of the Territory paying
that amount. wWchher would not be
worm ired to nav if the land were not
transferred. The bill In this case sets
- . ,
out these leases, aescr.mng uu
leased, the number of the government
lease, the annual rental and the dates
of the exDiration of the lease. It aiso
sets out that the complainant is a land
owner in the Territory and pays a
large sum In taxes each year. If the
leased land is transferred by the gov
ernment then it follows as a matter
of law that the government will lose
the rental reserved by the terms of the
lease, for a transfer of the title to the
land would transfer also all right to
the rentals which would cease to ac
crue to the government from the date
If It's Your fees
No prescription has
been formulated that
ever
cor
rects and
nirps nervous
troubles as rapidly and
as
surely as Paine s Celery Com-
pound does. p
Read the Formula and the
medical authorities state
ments on its ingredients and
VOU will understand just why
3 .
and lUSt how Paine's Celery
Compound is the standard
nerve regulator of the world.
This Formula inclosed
with every bottle or mailed
upon request
WELLS & RICHARDSON CO.
COMMERCIAL ADVERTISER,
JUDGMENT
7 .4 T,
'si
3
IK
; JrsI Ilk feiW
TTTR TABLES TURNED: DR. LANGERHAUS, BURGOMASTER OF KOPENICK,
UNIFORM WORN
4b
4?
Voigt, the bogus captain,
was tried
looked aged and careworn, and
life. Not a little sympathy
.....-a..s-a...-av A. A'K'?;'-'
,,cvC" '5"" v' ' M -o-i'.v f- -
of the transfer. Upon the facts alleged
therefore the government would Jose
over $15,000 in rentals under two leases
alone, besides a large sum In interest,
tf the . transfer is not authorized by
law then we have an unauthorized act
by a public officer which has the di
rect effect of causing a loss to the
public treasury of over $15,000 In in
come from two of these tracts of land.
These facts all appear on the face of
the bill and we submit show such an
interest In the complainant under the
respondents own authorities as would
entitle him to bring this action As
before sta ed the fact that the ands
w" iUl "'-"'"'s0 iV"
ud,, vaiue uuc, 7
iena 10 suuw mai iui iu
of over
$15,000 will be overcome Dy any omr
. -
income. The fact of the loss atands
admitted by the demurrer. No facts j
are alleged which show that this loss
. j a thai
t" Respondent
SSwnrt ibJi .10 be the Lrt tor
the notice, aoes not can rmt -
aucine property ana no one comu &uu
wh offer was made b a ..responsl.
MrsnT1 ,1T1tn nftpr thA hids had
bie person" until after the bids had
been opened. The case must therefore
ne aeciaea on tnis aemurrer upon
facts as they appear in' the bill.
upon those facts which are the only
facts now known by either of the par-
ties hereto the alleged illegal transfer
will subject the Territory, to a direct
pecuniary loss m income or over x-
to a standing in this court as a tax
payer for the court can, not assume as j
a fact outside of the bill that this loss
will be overcome by some act of the j
government in the future. As a mat-;
ter of fact the respondent could rot
say that this loss would be overcome,
for It would be but a mere opinion
based upon future probabilities. The
only fact now existing which is sus
ceptible of proof is that shown by the
bill which shows present leases all
bringing in a monthly rental. That
rental ceases upon a
transfer of tnis
land. The result Is the loss or mi
rental to the Territory. A loss to the
fr I . . m tmiT t0K111l
ln ..the creatlon of a burden upon prop-
erty owners and would bring mis
case squarely within the rule an
nounced in the Zabriskie case, in 101,
TJ. S- 609, where it is said:
"If the right of resident taxpayers
to invoke the interposition of a court
of equity to prevent an illegal disposi-
tion of the moneys of the county, or
the Illegal creation of a debt which
they, in common with other property
nnirioro or tho cniintv nuesLiou.
of the county
right has been recognized by the State
Courts in numerous cases, and from
the nature of the powers exercised by
municipal corporations, the great
danger of their abuse and the neces
sity of prompt action to prevent ir
remediable injuries, it would seem emi
nently proper for courts of equity to
eTou'"v.?,
taxpayers
HONOLULU, JANUARY 10,
Brightest UMht
ON THE BOGUS
Town Treasurer.
"mi
BY VOIGT, THE BOGUS CAPTAIN
'
on December 1, and was sentenced
.11 1 1 a. 1
said that he hau ceen narneu me
witn the ingenious viuain was mau11C3lCu
. -
officers of those corporations assume
III excess UL men ijuiici ., -
burdens upon property owners.
To deny complainant the right to
bring this action would be directly
contrary to the law of this Territory.
"To deny the right to a taxpayer
would be to say that there is no
remedy and no way by which a Min
ister of the Crown (here Land Commis
sioner) can be prevented from doing
an Illegal act."
Castle vs. Kapena, 5 Haw. 27.
After reading the brief of the learn
ed Attorney General upon the ques
tion as to whether or not complainant
has a sufficient interest as a taxpayer
to maintain this action we are reminded
of the words of the Supreme Court of
the Territory in answer to a line sug-
- Anmav nral In the
; ' Territory. 16
ZTihev sav
Haw 7-0, where they say
"Rtito rfpr-isions for and against tne
exercise of Jurisdiction such as is
claimed by the plaintiff are lnterert-
Question has
i mg ana or vaiue to ie ucu'
1 -, -
been decided by this court i Wu. -
the exercise."
Just so here, the Attorney General's
brief may be "interesting ana or vmr
----- . ,t. ,f la pntirelv
totBtn-liL
useless so. far b.s Ranging .e jute,
of law In this Jurisdiction to CJ:
A. the supreme Court of Terri
tory ha. ' ftVw whichP obtains in
Territory and has expressly stat-
MEN. IT'S
m fnr saving
I work fonrteen boors a aay now u LTTNBECK, Santa Cruz, CaL
Just think of it! Lif- ht- energy pouring into your body for hours, just
as long as you want it , J uch a volume of human energy Into
you thtTefo;: ySrahldToa t nights you will feel like a gUnt.
ond for FVoo Qoot
Get our 100-page illustrated book, which explains all abet Electro-Tior.
We send it free if yon will inclosa this ad.
Dr. S. G. Hall Electro-Vigor Co.
1439 TTLLMOEE STEEET, SAN rKANCISCO, CAL.
i
1907.
CAPTAIN.
SI
Ik
&
3k
s
iK
5
8
IDENTIFYING THE
5
OF KOPENICK.
. ... tT
to tour years' imprisonment, lie
1 : ., n ,1 rwnaA l Q
nu -
criminal
v.. rv.. -
ed that a discussion of authorities else
where is "only Interesting and of value
to the student of law," all question as
to what the law should be having been
foreclosed by the rulings of the Su
preme Court here, which are binding
upon this court we shall go no further
than the decisions in the Hawaiian
Reports.
In the case of Lucas vs. American
Haw., etc., Co. 16 Haw. 80, the court
says per syllabus, "A taxpayer may
maintain a bill for an Injunction
against a public officer to restrain him
from carrying out an Illegal contract."
And says per Mr. Justice Hatch, Mr.
Justice Hartwell and Chief Justice
Frear concurring:
"It is next contended that the plain
tiff has no right as a taxpayer to main,
tain this suitv The right of a taxpay
er to bring suit to restrain a public
officer from doing an illegal act has
been settled In this Jurisdiction since
the case of Castle et al. vs. Kapena, 6
Haw. 87, (1883). If the question could
be considered on open one we should
follow the rule laid down In Cramp
ton vs. Zabriskie. 101, U. S. 601, and in
R. P. R. R. Co. vs. Hall, 91. U. S.
343, cited in Castle vs. Kapena. It is
not necessary that the plaintiff should
show actual damage to himself and to
all others similarly situated, as is con
tended by the Assisting Attorney Gen
eral. The cause of action is the al
leged improper awarding of a contract,
after a call for tenders based on ln
(Continued on Page Six.)
FOR YOU
If you are broken down irith ner
vous debility, dyspepsia, rheumatism,
lame back, losa of Tijjor. faihna; of
vital power or any other weakness
indicating yon are not the man yon
should be, Electro-V'or will cur yon.
Cieciro-Vigor
Is the new dry-cell body battery. It
makes its own power and requires no
care or attention, except to turn on
the current as strong as yon want it.
Tou take Electro-Vigor, buckle it
nbut your waist when you ko to
bPi no charging or trouble of any
kind, mind yon turn on the current
with the regulator and all night long
while you sleep this engine is pump
ing electric life into your nerres,
mnseles and vitals.
my life. It cured rae or oropiy, catarru.
Innn 7 (I
fill h I)
YOUNG BUILDING FURNI.
TURE STORES.
New Goods Just Arrived Include I
Couch Covers,
Rope Portieres,
Tapestry Portieres,
Large and Small Rugs,
iron ueas.
Cribs,
Parlor Chairs and Rockers,
pining Chairs.
Inexpensive Rockers.
A. N. Sanf ord
Graduate Optician
Boston Building,
Fort Street
OVER MAT & CO.
Fire Insurance.
THE B. F. DILLINGHAM CO,
LTD.
General Agents for Hawaii.
Atlas Assurance Company of . London.
New York Underwriters' Agency.
Providence Washington Insurance Com
pany WM. G. IRWIN & CO., LTD.
Wm. Q. Irwin President and Mantgvr
John D. Spreckels Firtt Vie-PreBldsl
W. M. Giffard... Second Vice-Freildeni
H. M Wkitney Treasurer
Richard Ivers Secretary
W. F. Wilson Auditor
STJGAS FACTORS AND
COMMISSION AOE2TTS.
AGENTS FOB
Oceanic Steamship Co., San Fras-
cisco, CaL
Western Sugar Kenning csY aa
Francisco, Cal.
Baldwin Locomotive Works, Phila
delphia, Pa.
Nswall Universal Mill Co., Man
factnrers of National Cans Shredsr,
New York, N. Y.
Pacific Oil Transportation Co, Baa
Francisco, Cal.
WM. G. IRWIN & CO LTD.
AGENTS FOE TUB
Eoyal Insurance Co., of Liverpool
England.
Alliance Assurance Co., of Loadnm
England.
Scottish Union & National Inturanea
Co., of Edinburgh, Scotland.
Fire Association ef Philadelphia.
Alliance Insurance Corporation, IAL.
Wilhelma of Magdebnrg General Iw
auranee Co.
Oahu Railway
TIME TABLE.
OUTWARD.
For Waianae, Waialna, Kahnkv aal
Way Btationa 913 a. m.f 8:20 p. a.
For Pearl City, wa Mill an 4 Wax
Station 17:30 a. m., 9:15 a. bl,
11:05 a. 2:15 p. nu, 3:20 p.
5:15 p. m., 9:30 p. fll:00 p. m.
For Wahiawa 9:I5 a. m. and f :1I
t. m.
INWARD.
Arrire Honolulu from Kanaka, Wai
lua and Waianae ,S:36 a. m-
p. m. r
Arrire Honolulu from Ewa Mill aa
Pearl CitTt 7:46 a. m.,
8:39 a.
10:38 a. m., '1:40 p. m.,
4:31 p.
5:31 p. m., 7:30 p. m.
Arrive Honolulu from Wahiawa
8:36 a. m. and 5:31 p. m.
Daily. Ex. f nnday. t Sanday Oalj
The Haleiwa Limited, a two-hoi
train (only first-clan tickets hoaortlX,
leaves Honolulu every Sunday at :
t. m.; returning, arrives in Honolnll
it 10:10 p. ra. The Limited stop oalu
.t Penrl City and Waiaaae.
0. P. DEKISON, F. C SMITH,
Bapt. O. P. T. A.
VAMATOYA
Phlrt aakr,
have moved to 12 Pauaht street, near
NatftM street.
Burlington, Vermont.
consummation of
a wrong, where the

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