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convention for the geminating of can- , didates for the senate and territorial legislature from the Island of i The committee then adjourned to meet at the call of the chair. Second District Convaatien. The Second district committee met at Kailua, Hawaii September 7th, with twenty-seven delesaies present from the districts of Kohala and Kona, Kau not being represented. The following oScers of the committee were electel: President, H. L. Holstein, vice president, G. F. Maydwefl; treasurer, John A. Maguire; secretary. Harry T. Mills. Delegates to the territorial convention are; J. D. Pans, J. A. Magaire, Harry T. Mills, G. P. Kamauolia, Thos. Aiu. Chas. Towt, HI L. Holstein, Samuel Parker, E. A. Fraser, S. K. J. Waipuilani, C K. Stillman. The following resolution in reference to the candidate for delegate to Congress was unanimously adopted: "Resolved, That the twelve delegates this day elected to attend the republican territorial convention called as of the 20th and 21st days of September, 1900, be instructed and are hereby Instructed that Samuel Parker is the choice of this convention for delegate to Congress, both for the long and short terms, and that said delegates shall use their best efforts to secure the nomination of said Samuel Parker." The convention was strongly of the opinion that the territorial convention should be held in Honolulu and dele-sated Harry T. Mills, secretary of tte convention, to proceed to Honolulu at once and lay before the territorial executive committee the reasons why the Second district delegates favored holding the territorial convention in Honolulu. ' Third District Convention. The district convention of the Third district was held at the residence of Judge A. N. Kepolkal at Watluku, Maul, Monday, Judge Kepolkal being elected temporary chairman and D. C. Lindsay temporary secretary. The committee on credentials reported forty-one delegates duly elected, of whom thirty-six were present in person, the remainder being represented by proxy. The permanent officers elected were President, H. P. Baldwin; vice president, D. Kahaulello; treasurer. W. J. Lowrie; auditor, W. O. Aiken. Finance committee: George Hons, J. K. Jose-pa, C. Copp. The executive committee comprises the officers. Delegates to the territorial convention; Molokai D. H. Kahaulello, J". H. Mahe, J. K. Lahaina Matt McCann, D. R. C. Searle. Wailuku A. N. Kepoikal, W. J. Lowrie, George Hons. Makawao K. P. IJaiawIn', W. O. Aiken, P. N. Kahokuohina, C. H. Dickey, A. F. Tavares, J. Kaluna. Hana J. K. Hanuna, M. H. Reuter, E. M. Hanuna. A motion was made to Instruct tho Maui delegation to work for the election of H. P. Baldwin for delegate to Congress, but Mr. Baldwin absolutely declined to be a candidate, though he said he appreciated the honor of being mentioned for the place. The Hawaiian delegates present urged Mr. Baldwin to accept the nomination, but he again declined and spoke strongly in favor of the nomination of Sam Parker. A motion was made and seconded that the Maul delegation be instructed to vote solid for Sam Parker as delegate to Congress. Carried unanimously, with no other name mentioned. Meeting adjourned to September 27th, at 9 a, m. YACHT OWNERS MEET TO PREPARE FOB REGATTA. THE COUBSES CLEABLT DEFINED FOB THE FIRST AND SECOND CLASS YACHTS. Prizes and Entries for the Great Event Ono Gun Signal is Adopted Flag- Poles and Flags. The meeting of the local yacht owners at the Hawaiian hotel last evening was a protracted one. The plans for the coming regatta were ail practically completed. " The course for the first and second class yachts were as follows: From starting line between lighthouse and Healanl Boat club, out the channel to bell buoy, from thence to spar buoy, from thence to a buoy to be placed off J. B. Castle's place at Walkiki, from thence to a buoy off Pearl Harbor and from thence to starting line. The course for the third and fourth class boats will be from starting line to bell buoy, to spar buoy, to J. B. Castle's buoy, to flag off the quarantine station, to bell buoy, to spar buoy, to starting line. It was decided that the stake boats 6hould have fifteen-foot flag poles with large red' and white flags. The signal for starting was to be the "one gun signal." consisting of the firing of a preparatory gun and a final gun five minutes later. The yachts were also to be numbered. The following are the entries and prizes for each event as recommended by the yachters: First class First prize, $100; second prize, 50. Three boats to slart Eva, Bonnie Dundee and Helene. Second clasa First prize, 75; second prize, $50; third prize, $35. Four boats to start Hawaii, Marion, Dewey and Healanl. Third clasa First prize. $50; second prize. $30; third prize. $20. Four coats to start Myrtle. Malolo, Kiki, Opltsah Fourth clasa Prizes same as third Pokil. Edith 1, Abble M., Rose, Clytie. volanti, Maria and Kaiko. A committee of three- was appointed to confer with the regatta day .committee in regard to prizes, etc They were C S. White, Thomas Hobron and Henry Rothe. . PURL HARBOR WILL NOTjyiH. United States Refuses to Pay Exorbitant Land Prices. PROPERTY OWNERS ASK TOO MUGH. THEY WANT $1,000 AN ACBE FOB LAND VAX.UED AT BUT $20. Such. Is the Tenor of a Letter Be ceived From tie Navy Department by Captain Merry No Condemnation. From letters just received by Capt. J. F. Merry, commandant of the naval station here, it appears that the government has about given up the idea of trying to establish a naval station at Pearl Harbor, as has aeen heretofore stated in The Republican. This is on account of the avarice of the owners of the Waipio peninsula and C A. Brown, who appear to think that their land, because the government wanu it, Is more valuable than town lots In the city of Honolulu. Property consisting of S24 acres that is assessed at a valuation of $5,000 is deemed by the owners to be worth $300 per acre, and Cabby Brown is said to have declared that for every acre of ground that the government gets it will have to pay at the rate of ?1,000 per acre. This is why Uncle Sam is not anxious to start to work opening the harbor as a commercial port and making a defended naval and coaling station there. He refuses to pay what he thinks an exorbitant price for the opportunity of expending several millions of dollars for the improvement of the place, and until the land necessary is obtained at what is considered a fair figure not one cent will be spent in doing anything -for the improvement of Pearl Harbor and the entrance thereto. To make the necessary Improvements to the entrance to the harbor would cost about half a million dollars. It would take a long time to do the work and the money so spent would naturally find Its way into circulation here. The beginning of the work on the channel would mean the springing up of a village on the land at the entrance of the harbor and the acquiring of a strip on each side on which to erect fortifications. When he first came here Captain Merry tried to obtain options on the lands needed for the navy, but the owners refused to give them, as they thought It was "not for the best Interests of the estate to grant an option." It Is the impression of the authorities that the owners of the lands want the government to condemn the land needed, and then on an appeal from the condemnation proceedings raise the price of the land to what they think It Is worth. The government, however, will not bring condemnation in the matter, and it is stated in the letter to Captain Merry that while there are people in Washington trying to get Congress interested In the matter, the navy department will recom mend that nothing be done unless the land is given for a figure that Is somewhere near its value. The land for the Portsmouth, N. H., League Island and Boston navy yards was given the government for the opportunity of having the government build its stations. The stations wero deemed of great value by the people of these places. Here In Hawaii, where Uncle Sam is ready and willing to open for commerce one of tho finest harbors in the world, the avarice of an estate Is holding back the development of the country and keeping away the many millions of dollars that would be expended in the carrying out of the plans of the government. Either the assessor made a grievous blunder In the valuation placed on the land in question or the owners of that land art trying to cinch the government by making it pay $294 per acre more thaa the assessed valuation. It was the intention to make the channel and harbor navigable for the largest ships known, and to provide docking facilities for the big vessela of the navy. The development of the whole district is being kept back, however, by the owners of property, who apparently fail to see that if they would give the government a square deal they would not only be serving their own Interests but the interests of the whole district by meeting Uncle Sam half way. Gsing ti Manila Or The Trusprt Lagan. The Bev. A. E. Corey to Carry on Christian Work Among the Soldiers on Board. The transport Logan, which steamed Into the harbor Sunday morning wlta two battalions of the First regiment and one battalion ot tne Second regiment U. S. A is carrying 1,600 men to Manila without a chaplain or Christian worker on board among all the number. This fact was called to the attention of some of the Christian workers ot this city yesterday and the subject was discussed at the Young Men3 Christian association. The Bev, A. E. Coreyv who came to Honolulu In May last to carry .on mission work among the Japanese, volunteered to go on to Manila on board the Logan providing arrangements could be made for him to do so. .The commandant of the vessel was seen and SSw5 ""-9?5 B3rCt6tKS, "Zs -a-"- ---- , VV wv i.-- THE HONOLULU REPUBLICAN VOLlBfE I, NO. 77. HONOLULU, H. T., WEDNESDAY, SEPTEMBER 12, 1900. TRIGE FIVE CENT OUTH&GEOUS CHARGE 1DJM HT. It Is Made "by Judge Perry in the Lo Kam Case. THE JURY ORDERED TO CONVICT. CASE REVEBSED BY UNANIMOUS DECISION OF THE SUPREME COUBT. Perry's Bemarkable Remark to the Jury and What tho Higher Court Thinks About Them. If there ever was an outrageous cnsrge delivered 10 a Jury ft was the charge delivered by First Circuit Judgo Perry, now jutftke of the aprerae coort of the- Republic ol Hawaii in the case of the Ropublic of riawait vs. Lo ICsta. The charge was not connned to the facte and the law In the case, but lugged in an extraneous matter which convicted Lo K&jq. Under the charge the Jury couidri t do anything but convict Lo Kam. At the time of delivering the charge Judge Perry and Judge Stanley were members of the citizens' sanitary committee. The bubonic plague scare was on. Perrv. as 1udi:e of a court of rec ord, had appeared in the district court, or rather police court, to prosecute a Chinaman, or rather to assist in the prosecution of a Chinaman, for alleged violation of one of the rules that he (Perry had been instrumental In. in the language of Kipling, that is another story. Lo Kain was arrested and conlcted under section 370 of tho penal laws, 1S97, which says: "Any common prostitute, or any person who is lewd, wanton or lascivious In speeoh or behavior, or any person who has no visible lawful means or lawful means of support, or who wanders abroad or places himself in any public place to beg alms, or caueos any child so to do, or who solicits or collects alms or contributions under any false pretense, or who practices hooploplo, hoounauna, anaana, or preteuil3 to have the power of praying persons to death, or who pretends to tell fortunes for money or other reward, or who has In his possession without lawful excuse Itiio proof of which excuse shall bB upon 6uch person) any lalso or l&aloion key or any implement of house-breaking, or who is found by night dressed or disguised with a felonious Intent, or who is found by night without lawful excuse (the proof of -which excuse shall be upon such person), In or upon any dwelling houso or other buildlugs or any enclosed yard or on board any vessel, or wao is a tmugerous or disorderly person by reason of his being a rioter, disturber of the peace, going offensively armed, uttering menaces or threatening ipooched, or otherwise, shall bo by imprisonment at hard labor not more than six months.' The dufendaut appealed to the supreme court and on September 6th the supreme court, in a unanimous opinion, written by Justice Galbraith. roversed Porry and ordered a new trial. J. A. Mngoon was a membor of the bench in place of Perry, who was absent. Tho court says: "While there is eouie conflict In the evidence, tho testimony tends to support the following Btate )f facts: That Mr. C. Bolto, a resident of Judd street. Honolulu, had a .number of Asiatic servants in his employ; that these, together with a Chineso fishorman, with the consent and knowledge of Mr. Bolte, occupied a building on tho premises as 'servants Quarters; lhat the defendant on January 25th, without the permission of Mr. Bolte, called at the servants quarters In tho evening for the purpose of collecting $100 due him from one of tho occupants, the Chinese fisherman, who was also tho defendant's partner in some business enterprise; that tho money was collected and defendant lingered to talk over business .and social matters until about 9' 30 o'clock; that the defendant was then afraid of being robbed if ho returned to his own homo and, upon the Invitation of ono of the occupants of tho tenants' quarters,' stayed over night und on the following morning returned to his own home and was afterwards arrested for violating the above statute." The court further says: Tho charge of the circuit Judge excepted to by the defendant was as follows, to-wit: "Mr. Chllllngworth's argument has clearlv shown what was apparent before, that the Issue in this case is largely one of law. "Thero is very little that is to be determined by you. The section of the lay which applies was correctly read by ono of counsel in this case. What is or Is not a lawful excuse Is for the court to determine. That Is a matter of The granting of the permission v.. the Chinaman to defendant to sleep on the premises without Mr, Bolte's permission, the said Chinaman himself having no authority to give such permission to the defendant, would not constltue a lawful excuse under the circumstances of this case. Moreover, at that time it is a fact that there was a board of health regulation in existence having the force of law, forbidding any person changing his place of abode without a permit, so that tho defendant at the time In sleeping on the premises was in fact engaged In a violation or the law. "The excuse that he offers then h. under the law not a sufficient excuse and the only question of fact for vou to determine upon the evidence Is whether It has beenfcown to your satisfaction that the defendant did sleep on those premises that night. "If you believe from the evidence of the witnesses for tho prosecution that he did, or if you believe the defendant's I own admission that he did, then you i uuu una guilty, ine oaiy meory upon which you can acquit him is that you disbelieve th virfcnv crttf mlf " "While it is apparent from a reading of section 30, under which the charge , Is laid, that this statute was enacted to" cover a "multitude of sins, or offenses, that by it the legislature Intended to remedy many wrongs, it dtfes not appear, nor do we think it was intended by this section to declare a simple trespass to be an offense and punishable as a misdemeanor. "Excuse." said Willes, J., "is either an authority or a reasonable belief In authority,' the Queen vs. Harvey. Crown Cases Reversed. VoL 1, p. 235. Under this definition the phrase without lawful excuse." as used zn section 370 would mean without lawful authority or reasonable belief in lawful authority. If the defendant had lawful authority or a reasonable belief In lawful authority for being on the premises at the time alleged and had either lawful authority or a reasonable belief in lawful authority for remaining there over night, he is not guilty of the offense charged. The defendant went upon the premises, as shown by the evidence, for a perfectly lawful purpose. He had a right to call upon his debtor for payment of money due, and by night, If necessary. Then having gone upon the premises for a lawful purpose, ho was not there "without lawful excuse," and being rightfully on the premises, had he not lawful authority or a reasonable belief la lawful authority for remaining there over night on the invitation of one who was a rightful occupant of the house? We think he had and that the circuit Judge erred in holding and instructing the Jury otherwise. The defendant was not charged with violating a regulation of the board of health, nor does the record disclose whether or not he held a permit from the health authorities permitting him to change "his place of abode." That part of the instruction relative to the regulation of the board of health does not seem to be pertinent to any issue in tho case and we think it should have been omitted. The exceptions are sustained and a new trial ordered. W. F. FREAR. C. A GALBRAITH. J. ALFRED MAGOON. Mr. Lorrin Andrews for the Territory-Mr. Sam'l. Chillingworth for defendant. DUNREGBAN STRANDED IN TKUI COURTS. TOTAL VALUE OF THE CABGO WHEN SHE WENT ON THE BEEF. Amount of Cargo Damaged by the Vessol'B Beaching- Off Diamond Hoad The Tug , Eleu Libel. Tho Dunreggan stranded on the reef Is nothing to the Dunreggan stranded In tho courts. Rather of a vague sentence? Certainly. In the stranding of the Dunreggan on tho beach portions of her hull, decks and masts were visible. In tho stranding of the In the courts, nothing of tho ship remains. It Is a well known mathematical problem perhaps not taught In the public schools in the territory if from nothing you take nothing, nothing remains. Now, what will remain of tho Dunreggan when all this litigation Is ended? As a disinterested spectator and without a kodak, The Republican, not in a. spirit of levity, but In all seriousness, would like to ask, will the Dunreggan get off the reef if the corl hawser remains intact? Like Judgo Estee, tho community believes In encouraging the shipping interests. But contamination with reefs by merchandise-freighted barks hi glaring daylight and the subsequent Intervention of courts tend to drivo encouragement out to sea beyond the sight of land. In yesterday's proceedings in the Dunreggan libel an approved statement by llbellant and libellee was submitted to Commissioner' Robinson. The total valuo of tho cargo, less duty, was. placed, at $44,275.99; amount of cargo damaged. 51,259.40. In the libel of tho tug Eleu against the bark Dunreggan for $2,500 the attorneys for the bark have filed a voluminous answer. Tho answer states that on August 11th a bill or claim against the bark in the amount of $157.70 was paid by the captain of the Dunreggan. Among the Items enumerated In bill was "for sea towage of Ehip while on the reef." The libellee asserts that every claim against the bark bv the Eleu has been liquidated. Emanuel, the pilot, "black as Cyclops from the forge," testified as to the pulling done to the bark by the Eleu. 4 DR. EtifiUSN AND THE QUEEN COMPROMISE. The suit brought by Dr. Charles H. English against Lydla Domini, ex-Quene Lilluokalanl, for $ 5.000, as Originally told exclusively in The Republican, has been settled out of court. Dr. English admitted last evening that tho case had been compromised at a mere nominal figure. It is well known that Dr. English, having determined not to locate here, is anxious to get away and has no desire to remsln here to litigate. Beside; there were features about the case that made It distasteful to him to prosecute it. BALLOON ALMOST READY. The balloon that will be used at the Kaimuki station of the wireless will be a. pretty big one. It measares twenty-five feet in height and "forty-six feet In circumfereace. It is being saade a. the sail loft of Cashman & Co. and will ba finished this afternooa. FOURTH DISTRICT iwm mm. Sense of the Convention He Should Go to Congress. SECOND AND THIRD ARE FOR HIM. BOTH DISTRICTS INSTBUCTED THETB DELEGATES TO VOTE FOB THE KOHALA MAN. Mr. Faxrington Presents in Fourth. Favoring- Election of Territorial Delegates at Precinct Primaries. "Resolved. That the Fourth district committee recommend that the rules of the party be amended to secure the election of territorial delegates at the party primaries." This resolution was introduced in the Fourth district committee meeting by W. R. Farrington yesterday afternoon and unanimously adopted. In the resolution Mr. Farrington said there had been a good deal of under-surface wrangling about the manner of selecting delegates to the territorial convention and in ordero obviate that and make the selection absolutely fair to all he believed the primaries should seiect the delegates to the territorial conventions as well as to the district conventions. The primary object of the meeting of the Fourth district committee yesterday afternoon at the Chamber of Commerce was the election of eighteen dw 'gites to the territorial convention. Flowing the roll call, which showed ey inu.ber present excepting David KaLoolewa, who was represented by proxy in the hands of Chas. Wilcox, the secretary read the circular letter from the territorial committee relative to holding the territorial convention in Honolulu, published elsewhere. In accordance with the report of the committee on permanent organization, which was adopted Monday, the chair announced the appointment of the following men as members of the executive committe: J. H. Boyd, Andrew Brown, H. M. Clarence Crabbe, Samuel Johnson, Frank Hoogs, A. F. Gllfillan. Auditing committe: G. F. McLeod J. P. Cooke, Chas. Wilcox. Lorrin Andrews moved that the committee proceed to the nomination .if delegates from the body oMhe house and in doing so pleaded for representation for the minority Taction of the party in the committee, claiming that it would be only Just and proper that they be represented. Nominations followed thick and fast until the following- names had been presented: J. W. Jones, J. B. Ather-ton, Henry Waterhouse, J. H. Boyd, Geo. McLeod, M. P. Robinson, A. C. M. Robertson, C. L. Wilcox, A. V. Gear, C. L. Crabbe, J. M. Kea, Wm. Haywood, David Nahoolewa, Frank Hoogs, Keohokil, Andrew Brown, J. D. McVeigh. Samuel Johnson, W. H. Coney, C. B. Wilson, Keiki, W. R. Farrington, A. F. Gilfillan. When ready to proceed to balloting Lorrin Andrews and Andrew Brown, each with a half vote, paired, leaving a total of twenty-three votes to be cast. Hoogs and Brown were appointed tellers. The ballot resulted in the following vote: J. W. Jones 23, A. G. M. Robertson 22, George McLeod 22, U B. Wilson 22, Andrew Brown 21, J. D. Mc Veigh 21, C. L. Wilcox 21, C. L. uraooe 21, J. W. Kea 21, J. H. Boyd 20, A. V. Gear 20, W. K. Coney 20, A. F. Gilfillan 20, Keiki 19, W. R. Farrington IS, Samuel Johnson 1?, David Nahoolewa 10, Keohokil 15. Henry Waterhouse 10, J. B. Atherton S, Frank Hoogs 8, M. P. Robinson 7, Wm. Haywood 6, the eighteen first named being elected. Colonel Jones was on both tickets, hence he received every vote cast. The others representing the minority faction were the last five named above. "The minority have only themselves to blame for not being represented in the delegation, ' said a member of tho majority to the Republican reporter when the committee adjourned. "We offered to give them one-third of the delegation provided they would leave Mr. Haywood's name off the list. This they refused to do, although Mr. Cooke and Mr. Carter desired that this be made to the majority, they believing that our proposition was a liberal one. Mr. Haywood has made himself very offensive in the past to a large majority of the party in :1,e Fourth district and we simply did not propose to allow him to go to the convention. Had the minority not insisted upon Haywood or nobody, then they would have been awarded six of the eighteen delegates." It was immediately following me balloting that the resolution of Mr. Farrington given above was adopted. Clarence Crabbe moved that it be declared the nse of the Fourth committee that Samuel Parker be declared the choice or the Territorial convention as the nominee for delegate to Congress. Lorrin Andrews and IL M. protested against the adoption of such a motion upon the. ground of it being inexpedient and in.-wise. A. V. Gear thought the motion should prevail. He said conventions oftimes went further than this and instructed. On the viva voce vote on tho: motion the chair was in doubt and a division was demanded. This resulted In every member except four voting for Mr. Crabbe's motion and the Fourth district delegates stand pledged to Samuel Parker for delegate jo Congress. Upon aotion of H. M. the chair appointed H. M. Mott-Smith. CL L. Wilcox and A. V. Gear a to meet with a similar committee from the Fifth district to agree upon a time and place for the holding of a readily agreed to make room for Mr. Corey. The matter of the expense was discussed and it was agreed that there would be no trouble in raising tne necessary funds among: the good people of this dry. A meeting was, held at the Christian church on Alakea. street but nlht which was attended by quite two hundred of the soldiers aboard the Logan. Mr. Corey addressed the soldiers nd when the question was. asked how many wanted to lead better lives seventy-eight men stood up. They-pledged themselves not only to rry to lead better llTes but to assist the- Rev. Mr. Corey in every way In his work on the transport. Mr. Corey wlU leave on th j Loan this mornins with the soldiers. his wife and little girl remaining nana , f with friends for a time. It is hot im probable that Mr. Corey will remain in the Philippines and carry on mission work there. Mr. Corey is an earnest Christiin gentleman, zealous hi his work, yet at the same time considerate and patient; one of those Christians who compel th& respect of worldly men because of their upright and wholesome lives. The Re publican earnestly wishes Mr. Corey success in his noble mission. Reception to Mrs. Gulick. About fifteen of the Christian Japan ese women met at the home of Rev. T Kinmro on Kukui street lnt eveninc in honor of Mrs. O. A. Gulick, who has just returned from the coast- After singing several songs and chatting together, Mrs. Gulick addressed tho ladies on her recent trip to the mainland. Refreshments were served. NOBLES OF ISLAM TEMPLE TO BE lEBEjl OCTOBER. SAN FBANCISCO NOBLES OF THE ARABIC OBDEB OF THE MYSTIC SHBINE COKING. The Imperial Potentate and Two Hundred Shriners to Establish Aloha Temple Here In March. The Nobles of Islam are coming to Hawaii. Islam Temple will sail on the steamer Zealandla from San Francisco on Sunday, October 7, at 10 o'clock in the morning. The party will arrive at Hil on Saturday, October 13th, at 5 a. m., will visit the volcano and do the big island as much as possible, leaving Hilo at S r. m. on Monday, October 14th. The Zealandla will be due at Honolulu on Tuesday, October 15th, at 10 o'clock a. m. The Shriners will remain here six days, leaving Honolulu on Sunday, October 21st, at 2 p. m., arriving home in San Francisco on Sunday, October 2Sth. This is a pilgrimage of Islam Temple of San Francisco, whose nobles make excursions of this sort periodically. It has no connection with the visit of the Imperial potentate, the head of the entire order, who will come to Honolulu during the latter part of February or early In March. He comes to establish a Temple here and will be accompanied by representative Nobles from all parts of the United States. It Is thought that he will be accompanied by at least 200 Shriners, most of whom are or have been of the highest rank. The Temple at Honolulu will be known as Aloha Temple, and a dispensation has been granted for It. Aloha will start with about twenty members. No preparations have yet been made for this great official's visit and it is not known on what vessel the Imperial potentate and his retinue may come. March Is a long way off, anyway. But Islam Temple is coming and will be here before the craft Is quite ready for them. R. P. Hurlbut Is the potentate and Hiram T. Graves, recorder. It Is thought that other California Temples will join in the pilgrimage and many distinguished men and women of the Golden State will be of tho party. Instead ot the Pyramids, the novices will ascend Punchbowl. Tantalus and the Pali. The committee on transportation U in charge of a very thorough committee, consisting of John D. Spreckcls, C. S. Benedict and John M. Curtis.. The Oceanic Steamship Company's 3,000-ton steamer Zealandla, refurbished and repainted, has been chartered for the occasion. The transportation committee has made the following announcement: "Below is the schedule of accommodations and prices for the same, which vary according to location and convenience: "Upper deck 14 rooms. 2 persons to each room, per ticket, $150; 2 bridal rooms. 3 persons to each room, per ticket. $150. "Main deck 30 rooms, 4 persons to each room, per ticket, $130; 2 rooms. 3 persons to each room, per ticket. $130; 2 rooms, 6 persons to each room, per ticket, $120. "Adjoining Assembly hall, main deck 5 rooms, accommodating 35 persons, per ticket, $110. "Adjoining Festival hall, main deck Accommodating 26 persons, per ticket, $90. Total accommodations, 233 persons. "The above prices Include all reasonable expenses for the entire trip. And if so desired a limited number can wait and return home by next regular steamer. "Tickets for upper deck, 2 to each room, or main deck, 3 to each room, will be sold for $125, which will allow holders to go by the. regular steamer sailing from San Francisco on Sep tember 19th and return home on the Zealandla. They will be entitled to all the privileges of the pilgrimage while the Zealandla Is docked at both Hilo and Honolulu. "Tickets will be sold only to nobles of the Mystic Shrine and their ladies first come, first served." A sort ot uniform has been decided upon, consisting of linen suits, with belts and special hats for both nobles and their lady companions. The vol cano trip is especially commended and nobles are urged to bring their wheels. "- ' ,W S a-, - . - -& M- sfc i-. &r .s. ,. --s t?l - u Tr. -1 . . a.. . ,-;sx: iAit TT MimftT.lS.afcr ' gZitc&ZB --IS- no blue mm m FOR anjMMUUL Attorney General Dole Gives High Sheriff An Opinion. GOMFORT OF MASSES G0HSI0ERE0. BATIONAX INTEBPBETATION OF LAW WTLL MEET WITH GENERAL APPBOVAL. Tram Ccrs,Bailway Trains, Sending Telegrams or Work of Necessity ia Not Forbidden. Attorney General E. P. Dole ha3 rendered an opinion on the existing Sunday laws on these Islands on the request of High Sheriff Brown. Tho importance of the subject justifies the publication of the full text of Mr. Dole's opinion, which Is given herewith. Mr. Dole's construction of the law is a fair, logical and liberal one. but none loo liberal for the majority of people. The opinion will meet with popular approval, undoubtedly. Hero is the decision. Mr. A. M. Brown. High Sheriff of tho Territory of Hawaii, Hoaoteln. H. I. Dear Sir: I desire to suggest that Section 322 of the Penal Laws was winded in 1S72 and appears to bo Inconsistent with Section 317 of the Poaal Laws, which was enacted in 1SSS. It seems to me, therefore, that victualling houses, restaurants and coffee shops should be allowed to keep open on Sundays after 7 o'clock In the evening, as well as before, for the service of meals. Tho circumstance that on Sunday, September 9tb. the United States transport Logan arrived in Honolulw with about seventeen hundred men. and a rigid Interpretation and enforcement ot the Sunday law. brings up sharply the question of what is a fair construction of the law. The section (317 Penal Laws) Is a follows: "All labor on Sundays Is forbidden, excepting works of necessity or morcy. In which are Included all labor tfiat Is needful foMhe good order, or safety of the community, or for the protection of proporty from unforeseen danger, or danger of destruction, or which may be required for tbji prosecution of or attendance upon worship, or for the furnishing of opportunities of reading or study. Provided, however, that on Sunday fresh meat and fresh fish may be sold and delivered; that until nine o'clock In tho morning and after three o'clock In the afternoon milk may b deliver! and cattle, sheep and swine may be slaughtered; that during the entire (lay meals may be sold to be eaten on the premises where sold or served elsewhere by caterers; drugs, medicines and surgical appliances may be sold, personal baggage may be conveyed to and from vessels leaving and arriving at port on that day, that steamers and public carriages, horse cars and licensed shore boats may convey passengers for hire, and that all labor which may be lawfully performed on Sunday shall be conducted, as far as possible, no as not to Interfere with the right of tho community and of each Individual to quiet and repose." In the United States Sunday laws except from their operation works of necessity and mercy, and wherever they have failed to do so have been declared unconstitutional. Although the decisions are very conflicting as to what are works of necessity, the general trend of authority Is toward a liberal construction. Running tram ears and railway trains, sending dispatches by telegraph, repairing railways to prevent short delays, shoeing stage horses to prevent delays to the United States mail, and running an Ice factory that customera might have their dally supply of Ice, are examples of what have been held to be works of necessity. Our statute Is peculiar In that it excepts not ouly work of necesity aa 1 mercy, but also "all labor that U for the comfort i f tho community." In a tropical seaport town, where large numbcre of people are transient. Beamen and sailore, going on shoro temporarily from long voyages. I thiak that an opportunity to purchase harmless refreshments such as tee-cold soda and mineral waters. Is "needful for their comfort." Under new and changing conditions, such an opportunity Is needful to a large part of ur own people, and even those who have airy homes and Ice chests cannot carry their Ice chests with them when they take their Sunday drives. Although there may not be an equal necessity for the sale of cigars on Sunday, as smokers can more easily provide them beforehand, so large a portion of the community smoke, and the comfort of being able to purchase cigars when wanted is so great that I am Inclined to think the sale might be permitted consistently with a reasonable construction of the statute. The statute is certainly more liberal than the old Sunday laws of New England and evidently contemplates the comfort of the masses during their day of rest It seems to me that it admits of a golden mean between the Puritan Sabbath of a century ago and such con ditions as might Interfere with religious worship and the rights of Individuals to quiet and repose. Very respectfully yours, E. P. DOLE. Attorney General. j DEPUTY SHERIFF THANKED. Deputy Sheriff Chillingworth was personally thanked by the officer in command of the troops on the Logan for the part he took In the scrimmage at the Orpheum on Monday night and the conduct of the deputy sheriff was highly commended.