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r. tv O -" f.A 3 I: U- Aj i' i xiW W m .c -. T-V, " WKUKESDAT, OCTOBEER . 1900. ' .i r 1 r r wfc!U!?ri3RtK253aitBre 9 I I I I I r i i ARRIVED PER S.S.AUStum Yarmouth Bloaters, Finnan Haddiee, . . , Holland Herrings, ACettewurst Sausage, , IT Celery, Turnips, . - Frozen Oysters, Oranges, Lemons, rf ; SALTER J Tel. 680. Orpheum y a as a as ca w ta sa as,' ta The Porter Furniture Go. BETHEL AND HOTEL STREETS iMroinrns kxd dialers in Furniture anil Upholstery Chamber Suits Chiffoniers'1" Chairs, Tables , t Side Boards Divans China Closets Extension Tables Direct "from Eastern Factories REDUCTION SALE To mnko room for a largo invoice of vehicles now on the way. For a limited time wo will otter our present stocKof BUGGIES, RUNABOUTS, PHAETONS, SURREYS, Etc., At GREATLY REDUCED PRICES. Do not loseUhis opportunity. See our stock of Mfc ''Vfe V ; DELIVERY WAGONS, DRAYS, .Etc., HARNESS, WHIPS; t , and - ROBES. Pacific Vehicle BEVERAGES DAT BLOCK. BEKETA2TCA 2SUFEreiOR ANIMATING CARBONATED FOUNTAIN DEINKS (SODA WATER) NUTRITIOUS DELICIOUS IN THE EIGHEST DEGREE PERFECT Great Variety of Flavors Novelties Added Frequently Our Vichy a Special Feature Natural Fruits Our Own Selection . Our Ice Cream "par Excellence" the Finest rOUNTHN, COR. TORI HOI EL 315.- Noted as tlie. Coolest. Corner Jn Town., n , v ? ( Benson, Smith &Co:, ltd. BOWER'S -AND- 60EFDENTIAL AGENCY- Oincc: Room 4, iTouni Bixxx. Tixephose 70S. P.O. Box 384 Satiable and ConfiditialrWteuwi, funusbd ob sbort Mtefor Siaree Beeidencep, Property.'E.tc FiraStHgkw 'rwiweSw fartmSP - '- . fe '" stsssss m if&Stfl - Mai, V, i .. i1" Eagl63rftlcfMFCheSSmI - -. f &WAITY j Block. Grocers. ca as st k? sa sa && sa a w & ns & Supply Co. STBEST. - Mext to the Fir Station. COLD LUSCIOUS REFRESHING t , .$ - t c 3- ; - .- --J ., j , 3 r W . .,.' .'',' "' ' & 1 P ianos for rent There has been such a demand for good Pianos by parties making a short stay here, or by others who do not care to buy one, that we bare imported a large stock of fine instruments, which we wiU RENT at reasonable rates. Bergstrom Sfiusic Co.- CHICKERING PIANO AGENCY', jj FORT STREET. H Telephone 321. n - Zssmmmmmmmmmmmmiaami NOTICE. Dr. W. II. Mays has opened an office for the practice of medicine and surgery at 319 Beretania street, next house beyond Central Union Church. Telephone 602. OFFICE HOURS: 10 to 12, 2 to 4, 7 to 8. SUNDAYS: 9 to 11. DR. W. J. eiLBMITH. Office aid Residence: Corjter Beretania and Alakea Sis OFFICE to 10 a. m, to 4 p. jr., and 7 to 8 p. m. SUNDAYS 9 to 10 a. jl, 7 to S. i. TELEPHONE 20i. F.W.Vlakinney Searcher of Records iii)os:t w. o. iawis fc c. Abstracts and Certlcates of Carefully Prepared Monoy to Loan on Real Estate Seci:r!fy Aaa i acu. ii. ifiii Tailor Room 3 Elite Bldg. HOTEL STREET. ft f. Ii Thilr Infaicy , They should be Z mxnated. They soon grow up and when full grown what a pest they are! We are talking about & Roaches M llCS Is a. mixture that will 1 "do the. work shortly after "it is sprayed around the house. It not 'only kills roaches but hksl ?& ' same if feet on MS m$m & t ". Prefredby t jiAssfw a -.. i -,- zi -J-a if A A " J . s iifc .. i.'SLtAJSW!" jT i jrAn "- r or -" " ? StftaK CHIT SITS UKCpTIBTE His Contention is Held Not Good in the Law. I0W lESiKMtt IS CMSTIIEI THE YEAR'S SESIDESCE MUST OCEDIATEI.Y PRECEDE BEGISTRATIOX. So Holds Chief Justice Trear's Opinion Concurred in by Associate Justices Galbraith and Perry. The supreme court yesterday morning handed down an opinion In the case of Frank H Loucks, adversely to the tatter's appeal from the decisions ot the board of registration refusing to accept him as a voter. Loucks chdmed the right to vote on account of having resided in Oahu previous to the organization of the Territory of Hawaii. The point was raised by Loucks that section 60 of the Organic Act, which restricted voters to those who had resided in the territory a year previous to their application for registration, dil not apply at the first election, but that section 1S59 of the Revised Statutes or the United States governed the case. The supreme court holds that the requirements of section 60 shall be construed to mean one year's residence m the Hawaiian islands, not one year after the establishment of the territorial government. The decision, which is concurred in by Associate Justices Galbraith and Perry, was written by Chief Justice Frear. The opinion of the court In the Loucks case is as follows: This is an appeal from a decision of the board of registration for the island of Oahu refusing to register the name of the applicant, Frank Ii. Loucks. The appeal is taken under section 42 of "The Rules and Regulations for Administering Oaths and Holding Election." Civ. L. p. 799. Tae only ground upon which registratiou was refused was that the applicant had not resided in the Hawaiian islands one year preceding the time at which he offered to register. The question is, which of the following provisions of the statutes of the United States governs this ease, namely, section 1859 of the Revised Statutes, which is found in the chapter ea titled "Provisions Common to A'l the Territories," and which reads: "Every male citizen above the agedf -1, in eluding persons who have legally declared their intention to become citizens in any territory herenfter and who are actual residents of such territory at the time of the thereof, shall be entitled to vote at the first election in territory, and to hold any office therein, subject, nevertheless, to the limitations specified in the next section;" or section 60 of "An Act to Provide a Government for the Territory of Hawaii," found in U. S. sts. for 1900 at page 151, which reads: "That in order to Le qualified to vote for representatives a person shall First, be a male citizen of the United States. Second, have repided In the territory not less than one year preceding and in the representative in vrnich ne offers to register not less than three months immediately preceding the time at which he offers to register. Third, have attained thj age of 21 years. Fourth, prior to each regular election, during the time prescribed by law for registration, have caused his name to be entered on the register of voters for representatives for his district Fifth, be able to epeak, read and write the English or Hawaiian language. It is contended that section 1859 of the Revised Statutes was intended to apply to the first election in Hawaii and that section 60 of the Organic Act was intended to apply to subsequent elections only. The Organic Act covers the entire subject of elections in Hawaii in minute detaiL H there is anything clear from the whole act it is that congress meant to provide in this act all the legislation it meant to provide at all for the election of members of the territorial legislature. There L nothing whatever in the act Itself to indicate that section 60 was not intended to apply to the first election. On the contrary, if section 1859 shoald be held to apply, it would be necessary to held that not only section 60 ot the Organic Act, but other sections, cuch as section IS, which proTides that persons convicted of certain crhalaal offesses and certain other persons shall neither vote nor hold office under this government, do not apply to the first election, although there is nothing in those sections to so indicate, and section 104 expressly provides that thev shall take effect forty-five days after their Moreover, section 60 of the act, relating to the number of senators, expressly refers to the first elation as if that as well as other elections were in the coateaaBlation -of cons: ess in making this law. , On the other Kurf, sectfea 1S39 of jhe Revised Statutes may be satisfactorily explained consistently with this viex; That section was intended to provide for territoriea -treated wfcere there was previously no for electtonsand where coagress Intended to leave It to the peipU of the territory to enact their own eleclioc laws. The Tery next siHlsn. IMP. that "At all Mkctt?2i " however, in, any territoTr, the BaaUlcnUoM t Tatars and of holding oSeeshn)! W wA w,iy ie prencrih4 by tte'tstttnlgv. ssmtty of mch tsrrliy;;n1tfttfte." wlthVoiJWp lawn were for the most ncrfimbrtoiK Ually ssHsiuietad tf;MMn' U th - aaafe Act. Qmgtmmm.mmmfm.w leave it to the local lejisIatKre to ct .termine the quaScatioas oi voters after the first electioa and tke was no necessity for Its providing for the first electios. that is. before the local legislature coolJ Jave an opportunity to so provide Itself. On account of peculiar conditions existing here before; congress deemed it best to prescribe itself the qualification? of voters at all elections. It would be as reasonable to hold that section 60 of the Organic Act was intended to 3pply to the first election and that section 1S50 cf the Revised Statutes was intended to 3pply to all subsequent elections as to hold that section 60 of the Orgapic Act was to apply to subsequent elections 'only and section 1S59 cf the Revised Statutes to the first election. It is contended that section 1S59 is made to apply here under the provision of section 5 of the Organic Act th3t "except as herein otherwise provided, all the laws of the United Staffs which are not locally inapplicable shall have the same force and effect" here "as elsewhere in the United States." and further that the proviso to this section 5 to the effect that sections 1S50 and 1SS0 of the Revised Statutes (between which the section in question is found shall not apply here, shows that section 1S59 was Intended to apply, for, it is argued, tbat also would have been, expressly excepted if it had not been intended to apply. But section 1S59 is excepted' under the words "except as herein otherwise provided," and "njt locally inapplicable," in view of the provisions of section 60 ot the Organic Act; and sections 1S50 and 1S90 had to be excepted expressly, if at all, because their subject matter was not covered by the Organic Act It xrould be as reasonable to hold that section 1S60, as to hold that section 1S59, was intended to apply here because not expressly excepted In which case section 60 of the Organic Act would never apply. The Organic Act is the later statute and as compared with the chapter referred to it in the Revised Statutes It is a more particular statute. It should apply. Special emphasis Is laid upon the requirement of section 60 that the applicant must "have resided in the TERRITORY not less than one year." It is contended that this, does not mean the Hawaiian islands, but that it can mean only the territory strictly speaking, and that, since the territory waa not established until the 14th of last June, no one could under this section vote at the first election, which is to be held in November next, and that therefore congress must have intended that section 1S59 should apply to the first election. It may be conceded that it would have been more appropriate to have said "Hawaiian islands" here than "territory," and that in most other sections of the act the words "Hawaiian Islands" and "territory" are used appropriately, as, for instance, in sections 4, 84, 40 and 100. But th word "territory" Is used in the act with reference to the islands rather than the government, and "territory," "Hawaii"' and "Hawaiian islands" are used interchangeably to some extent; and it would be very natural to insert "territory" where "Hawaiian islands" would be more appropriate, the attention for the time not being directed especially to the circumstances of any particular election. In section 2 it is provided that the "Hawaiian Islands" shall be known as the "Territory of Hawaii," and Jn section 3 "a territorial government is hereby established over the said territory." In sections 4, 35, 40 and 93 and other sections. "Hawaiian islands" is used as including the Territory cf Hawaii. In sections S5, 97, 102 and 103, "Hawaii" is used in place of "territory." No uniformity is found In the art in the use of these terms. It is clear from a consideration of the Organic Act as compared with the chapter of the Revised Statutes referred to that section 60 of the former and not section 1859 of the latter was intended to apply. Section 60 should, therefore, if possible, be so construed as to apply. The word "territory" might very naturally have been used as meaning the territory or inlands making up the territory and not with special reference to the time whfcn a territorial government was established here, the attention not having been especially directed to the circumstances of any particular election, aud all elections to take place only after-the establishment of the territorial government. In our opinion the clear intention may be glren effect consistently with; the language of section 60 and therefore should be given effect The appeal is dismissed and the of the board of registration refusing to register the name of the applicant is affirmed. For sprains, swellings and lameness there is nothing so good as Chamberlain's Pain Balm. Try it For sale by Benson, Smith Co., general agent?, Territory of Hawaii. it n Lie by name!! Great in result!!! Is the CARBON PAPER that the Hatoaiian Netos Co. Lt'd. is distributing samples oR A lpge stock of 'same received by the. cj . - HAWAIIAN NEWS CO. WARNER'S RUST PROOF CORSETS The rust proof feniart: of these corset recommends them strongly to every lady in this territory. Mf ??' Is a summer corset made ot fancy O O tin?, in white only. Length, 12 inches. The only absolutely rust proof summer corset made. f iJ7 Is one of the new and graceful models, ImO. O made of French CoutiT, stripped with satteen boning all rust proof a desirable advantage. MM til s A Kght. strong, new shape French imOm LmimLm model corset, a beautiful article, combining comfort and style, popular in eastern cities. All the above numbers only $1.00 each. l 3 ? i IX WHITNEY 51 U FORT STREET. KH?H&33'$3i3 Honolulu Stock v 4 Special attention 0 S? By day or Honolnln Stock We Don't Know Exactly Why Grows larger with each day unless it , .is due to the fact of its becoming better while'keeping pace with growth. IJCsr The latest styles are make and quality. Boys' and Children's During this month we offer Stock at reduced prices. Call ii THE Two Stores, Two Stocks, Two P. O. BOX 65S. 9 and 11 Hotel St.. & MARSH.Ltd., SOLE AGENTS. - i$i?$l Yards Co.. Lw given to1 - ;-""" T. -4 M - 'Tr 1 tf V jjS 3- $ 'fr ' v .. 0 Jt-A m fa! !- Filling, .' Etc., h?& - by contract. Yards Co., Ltd Our Shirt Business surpassing in A Clothing our large and well selected and examine it. KASH" Telephones 96 and 67(5 and corner of Fort and Hotel Sla. JOuttCHAEHT STANDARD the general public we have " TYPEWRITER DE- of the "Pacific 'Cycle and Block, Fort street. Repairer has full charge " quotations on new machines or, any class of typewriters will upon application at the ' Co." & CO., Ltd. Standard Typewriter for the "f V Honolulu Bepublii - REMINGTON . TYPEWRITER.- For the convenience of transferred our REMJJSGTON PARTMENT to the store Manufacturing Co.," Ehlers An experienced Typewriter of this business and estimates onrepair work be cheerfully furnished Pacific Cycle and Manufacturing ft. rMrCKFELD Sole Dealers, Remington Territory of Hawaii. ittittiwmiWiritt 4 Read The "5C - .