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VOLUME L NO. 100. HOSOLULtr; bl t; thuksday, October 4, 1900. PRICE FIVE CENTS
ifEll SIR DOLE
Opinion on the Subject
by Attorney General
THE LEGISLATURE MAY LEVY TAXES
CONTENTION THAT CONSTITUTION
OF THE REPUBLIC HAS
Territorial legislature Will Consequently
Hare the Power to Increase
Tax Bate if Fairly
The most important matter considered
by the governor's council yesterday
was that of calling an extra session
of the legta'ature. The emergency
to be met is a deficiency in revenues,
and methods of Increasing taxation m
the islands will be the big problem that
the first territorial assembly will hare
to1olve. The opinion of Attorney GeaT
oral E. P. Dole, submitted to the governor's
council upon the subject, follows
Territory of Hawaii, Office of the Attorney
Honolulu, H. T., Sept. 25, 1900.
To His Excellency, Sanford B. Dote,
Governor of tho Territory of Hawaii
Sir: Some time ago you requested
me to submit an opinion relative to
tbo power of the legislature at Its next
regular session to increase the rate of
taxation dating from Jan. 1, 1901. 1
have delayed doing so, partly on account
of work demanding immediate
attention, but ehielly because I did not
wish to submit an opinion unadvisedly
upon a matter so important as the
necessity of calling a special setuu
of the legislature and in regard to
which I have had such serious doubts.
Section 05 of the Civil Laws of 1897
"All property, except growing
rice, shall be assessed as of the first
day of January in each year.
"Alt personal and dog taxes shall be
assessed as of, and bo due and collectable
on and after the first day of January
in each year.
"All taxpayers shall make returns
of their property and the value thereof
between the first and thirtieth days of
January In each year."
Section 817 of 'fae Civil Laws of 1S'J7
"Except as herein provided, all real
property and all personal property
wlthtu this repuublic (.territory) shall
be subject to an annual tax of 1 per
cent upon the full cash value of the
Taxes becorao a fixed charge against
the owner of tho property on the first
day of January, irrespective of the fact
whether Its value has then been de
termined. Substituting January 1st
for July 1st to conform to the change
In tho law, Jones vs. Norris, 8 Haw.
71; Hllo Sugar Company v. Minister
, of Finance, 7 Haw. t65, and Brewer
& Company v. Tax Collector, G Haw.
j 554, are cases directly in point.
In Jones v. Norris 'tho court said:
"This court has held in Hllo Sugar
Company v. Minister of - Finance, 7
Haw. 665, that property within the
kingdom on any part of the first of
July was taxable to the owner, although
it was then on shipboard and
during that day was .transported
abroad, affirming tho case of Brewer
& Company v. Tax Collector, S Haw.
554. No stronger case could bo presented
of the application of tho liability
which attaches on the first day
of July. Our statutes make no difference
between real and personal property
In respect to the charge .of tho tax
being upon tho owner, at the date selected
for the falling of the tax, the
first of July, although the payment
of tho tax Is secured notwithstanding
the sale or transfer of it, by attachlug
a liability to the real estate Itself. The
debt of tho tax is still upon tho owner.
The act of assessment must necessarily
bo subsequent to the day when the
ownership is fixed. Tho obligation la
perfect at that time to pay an amount
which snail be determined by tho
subject to the action of tho appeal
Legislation increasing a tax which
had already become a fixed charge
would bo retrospective.
Section 5 of tho Civil Laws of 1S37
"No law shall have any
As this Is only an act of the legislature,
it Is repealable by the same body.
Section 71 of the constitution of the
late republic declares that:
t "Except as herein provided, bo retro-
apectlve law shall ever be enacted."
J& the purposes of Hhe question
submitted to me, the words, "except as
herein provided," are immaterial, as
said constitution contains no
authorlring a retrospective tax
It ought not to be a matter ot doubk
whether the coastltatiou of the kde. republic
has beea repealed by congress;
ghat the Organic Act was so .carelessly
jgfdrawa in .tate respect that what sfcould
be as clear as sunlight is a " question of
coastructkra. t j
Sections 1 aad 6 of the Organic Act
"Sectloa L That the phrase 'the
laws trf Hawaii as used in this act,
tritfettt 'ejwDCylng words, shell aisak
1 ., the eeestitatte and laws of the Reese-
'lic at Hawaii, in force oa the
of the BOTsrohwttar at the St
i?vv j v. e ..'."
wallaa. Islands to the United State of
The constitution and statute laws of
the Republic of Hawaii then in force
set forth In a compilation made a
SianeyM. Baliou under the aathoriry
of the legislature and published in two
volumes entitled, 'Civil Laws" and
-Penal Laws'" respectively, and in the
session laws of the legislature for the
session of 1S5S, are referred to in this
act as "Civil Laws,' "Penal Laws" anj
"Sec 6. That the laws of Hawaii
not Inconsistent with the constitution
or laws of the United States or the
provisions of this act shall continue
in force, subject to repeal or amendment
by the legislature of Hawaii or
the congress of the United States."
The two references to the constitu
tion of the Republic ot Hawaii in sec
tion x oi tne urganic Act seems
strangely inconsistent with an intention
to repeal it, and section 6, taken
in connection with section 1.
an intention to continue it In focpe.
Section 1 of the Organic Act declares:
"Sec 7. That the constitution of
the Republic of Hawaii and the
laws of Hawaii a3 set forth
In the following acts, chapters and
sections of the olvil laws, penal laws
and session laws, and relatingg to the
following subjects, are hereby repealed."
Then follows a long enumeration of
the civil laws, penal laws and session
laws expressly repealed, without reference
to any constitutional provisions.
If the words in section 7, "Constitution
of the Republic of Hawaii," are
qualified by the words, "as set forth,"
etc., according to the punctuation used,
the constitution is not repealed. If
the comma in the middle of the second
line were at the end of the first line
the constitution would be repealed, assuming
that the paragraph is to be taken
by Itself. In other words. It was
eo carelessly written that it can be
read to have directly opposite meanings,
depending upon the transpoetion
of a comma, without straining the English
As laws are not expressly repealed
unless the intention to repeal them is
reasonably clear, my first impression
was that congress had left the constitution
of the late republic intact, except
in so far as it would conflict with
the constitution of the United States
or with the laws of the United States
If, however, this was the intention
of congress, it was unnecessary as well
as misleading to refer to the constitution
of the late republic in section 7
of tho Organic Act. As far as 1 can
see, this method of Examination settl
nothing, for the hair-splitting cuts
, So important a question as whether
the constitution of the late republic
has been repealed, or is still in lot&
should not hang upon riddles of grammar
and punctuation, except when
everything else fails. The pole star is
the Intention of congress. In spite of
carelessness In the wording of some
of its provisions, the Organic Act as
a whole is broad and Btatesmanlike.
Subject to the constitution of the
United States, It is the fundamental
law of the territory. Supplemented
by tho constitution of the United
States, it covers, in the main, the same
ground as that covered by the consti
tution of the Republic of Hawaii, ex
cept in so far as the latter was inconsistent
with American ideas and
methods; As I have compared, these
two instruments, the Organlc.Act and
the constitution ot the late 'republic,
with each other from beginning to end,
my first impressions have changed and
1 have gradually come to something
approaching a conviction that congress
Intended the one as a sabsUtuta
for the other, not as a mere supplement
Retrospective legislation is not prohibited
by the constitution of the United
States. "At an early day It was settled
by authoritative decision in opposition
to what might seem the more
natural and obvious meaning' of the
term ex post facto that in other
scope and purpose these provisions
(prohibiting ex post facto laws) were
confined fo laws respecting criminal
punishments and had no relation" what
ever to retrospective legislation of .any
other description; and It has, there
fore, been repeatedly held that retrospective
laws, when-not of a criminal
nature, do aot cone in seal let wth the
the national constitution unless obnoxious
to its provisions on-; other
grounds than their retrospective character."
(Cooley on Constitutional
Limitations, page 319).
"There are numerous cases -which,
hold that retrospective laws are .not
obnoxious to constitaUoBsJ objection.
while in others they have beea held to
be void. Tho different decisions hare
been based upon diversities In facts
which make different principles applicable.
There Is no doubt of tne right
of the legislature to pass statutes
which reach back to and change or
modify the eCect of
provlded retrospective laws are not
forbidden : tuiatm .'fur tfen" 4fa
coastitutiOB; aa preridai'j fur-'
thef v that n. other'! SeJectioa
exists to them than their retro
spective eaaracter. Nevertheless, tag.
islation of thla character la exceedingly
liable to aVe. a&4 It la a sound rata
.of catn&k that a saitate afaoaM.
hare a preapectlye operatic jjaly,
Ma tanaa show clearly a legislative
'hrtantioa that K should operate
tloaai UnatJei aaV.W) J
"If an act of aaaeaMr be wkaln the
iegkiMte scope oMagWatire power It
it not a val oajaatioa that it divests
vested rights. There la ao claase.
.either is the coaaattatioa of th UaHed
States or of tate eosmsMaweaha, wsjcfc
proaHteetroaaav laws. Tfce
canotlamaak taa UaUe of .
a 'eatmat or mm ac z peat la.
V- IgJWWi.,!laM. s
i x P3r&iL PW ft. :-
ttJs i. Tjiiiri fiT jujiTifi nililffi Mi i Hit -'
FNII KST EKK.
All tne Hardest and
Best Men are in
IEAHUITEI. UKELY BESERTEI
A mXFUBLICAX BALLY HELD
LAST 1TOET AT THE OLD
Democrats Gettiag Actirely to
. Work Handsome Sew Badges
Distributed Varied Political
The republican rally at the basebill
grounds last evening .was neither a
howlisg success nor a flat failure. It
was a little mild as a rally, but those
present went away with renewed zeal
for the cause. The result of the meeting
will be unceasing effort in the
matter of getting all voters registered.
Registration was the song sung by
The meeting was called to order by
J. H. Fisher, president of the
Precinct club. Owing to the
email number present he corfflned his
remarks to the Importance of
Wo. Haywood was booked for u
speech, but he touched on little besides
the importance of registration.'
J. H. Pierce, Wm. A. Henshall and
Will E. Fisher were called on for
speeches, and like those preceding,
spoke chiefly on the importance of getting
the vote registered. Mr? Fisher
said the republicans were not doing
the work they ought to do. He believed
in looking at the dark side Just
enough to come to a realization of the
work necessary to be done. He believed
it would be a good idea for
every republican to bring a democrat
to th meetings. Switching from the
aJrairs Mr. Fisher made a com-.
partsen of the merits of the opposing
candidates for the presidency. Ho
could not see how any fair-minded
could vote for Wm. J. Bryan.
It was a very quiet day at republican
headquarters in the Elite building yesterday,
all the leaders being out
pilar or -working In the field. The
republican party workers of the Fifth
district held a meeting in the
last evening. After -perfecting"
an organization, brief addresses Vere
made by several in the native tongue.
J. L. Kaulukou made a stirring speech,
which afterwards passed through the
hands of an interpreter, in which the
speaker urged untiring and persistent
work: on the part of the leaders.
The democratic committee had a
protracted and interesting meeting at
4 o'clock yesterday afternoon. It was
a secret meeting, but measures relating
to the campaign were discussed.
Last evening the democrats held several
meetings extending from Kakaako
to the slopes of Punchbowl. There was
a fine display of fireworks, excellent
music and attractive speeches.
W. H. Charlock, who was a resident
of the Seventh precinct of the Fifth
district until July 25, when he moved
to the Second precinct of the Fourth
district has been denied registration
by the board. The grounds of the
board's refusal are that he has not
resided at his present abode the required
ninety days. There are twenty-one
others who ere in the same category
with Mr. Charlock. C. L. Crabbe
will make an effort to have these
cases decided-by the supreme court.
The republican of the leeward side
of Hawaii, the Second representative
district, on Saturday last nominated
the following legislative ticket:
For senators J. D. Paris, H. L. Hoist
For representatives E. A. Fraser, T.
C Lenhart, G. P. KamauohB, Julian
For acaatora no other names were
proposed than those of the two nominated.
For representatives the following
names were proposed: C. K. Still-man,
EL A. Fraser J. S. Lenhart, W. J.
WriaM, G. P. Kamauoha, J. H. S.
Martin aad Julian Monsarrat
the republican ticket
for the entire territory, which
stands aa follows:
For delegate to congress Samcel
For aaaatora A. B. Loebenstein. C.
Bl Biacow, BL L. Hotetela, John D.
For reataaeatttiyes. First
BL Rycroft, James Lewis, J.
For representatives, Secoed dtotrkt
K. A Fraser. J. C. Leaaart G. P.
Kamaaoaa, Jaliaa. Moaaarrat
For staaaora W H. Rice, George
For represoatatives Robert
8. K. Kaeo, B. KaBdaes, Akx.
- , MATJL
Far seaatars ML P. BaW'wiH, A. N.
KaaaasteC'M: BL Reatar.
Far K. Nakfia.
Gei Saw. D. BL JEaaaafello. Phlliip
FsB, tL BL TceyHearyLeag. I
Fer saastori B. F. DUnwgar.
& AakL OanalceU Crabbe.
& fc mC m .
rar m m'mmi ww
H.Hoogs; A. F.
GilSIIan, Joaah Kankt, Wffifccx Ay-
jeet, L. L. XcCaatfleas, JI L. KsaiBkoa.
Enoch JofassoB. L. J. tteCabev H. R.
Hitchcock, W. JVCoelte. 4"
The old reliable stow eo&ckt the
"riser, has again Been eaagkt
a political rival. The following
"To the Editor,at theRefublkMU.
. tM the; Advertiser reporter
thirt H. r i 11 ii'li. as xandidate
for senator, "is assured to be elected,
but told asidiFssorter. that H. P. Baldwin
is the strongest, candidate cf the
republican party o IsauL
"R. W. WILCOX,"
The democrats are beginning to
label themselves. A new hat band and
badge has made its appearance about
the bats of Prince David's partisans.
It is a white ribbon with the crest of
the prince's family imprinted thereon
in gold. The crest consists of a representation
of a kahili upright and
sticks: with kukul, nuts crossed.
The original order for the badges was
500, but so anxious were the native
voters to get hold of them that 2,000
more Tvere ordered' made:
The republican committee on speakers
has finally and definitely, settled
upon the following program:
Tonight, Oct. 4, Waimanalo Speak
ers, Jonah Kumalae, J. W,. Keikl, )
Tomorrow night, Oct 5. Makiki res
ervoirSpeakers, A. G. M. Robertson.'i
Clarence Crabbe, Andrew Brownv
Friday, Oct 5, J; 30 p. m.f
ley Speakers, J. H. Boyd. Clarence
Crabbe, A. V. Gear, Wm. Aylett Frank
Saturday, Oct. ,6 Waikiki Church,
evening Speakers, Cecil Brown Clarence
Crabbe, Archie Gilflllan, T. Mc-Cants
Monday,. Oct A Hjyclomere ParS,
evening Speakers, Clarence Crabbe,
Geo. R. Carter. Frank- Pahia, Jonah
Kumalae, Lorrin Andrews.
Tuesday, Oct 9, II house lot Speakers,
Geo. R. Carter, T. McCants Stewart,
J. L. KaulukoUi L. L. McCandlesa.
Wednesday, Oct 10, drill shed.
Speakers, Cecil Brown, Clarence Crab
be, A. G. M. Rpbertsodj J. T. Green,
Friday, Oct 12, Pauoa School House
Speakers, Wm. Aylett, f. W. Kelkt,
J. Kumalae, Clarence Crabbe.
Saturday, Oct 13, Royal Schools
Speakers, Geo. R. Carter, A. V. Gear,,
Enoch Johnson, Frank Pahia, Clarence
Saturday, tOct .13, , Normal School
Speakers, W. 6. Ach'i, W. J. Coelbo,
Lorrin Andrews, "Wm. Aylett, Archie-
Gilflllan, J. L. Kaulukou, '
The Kallhi church1 'meeting of "the-
republicans was declared off last even- I
ing. The other meetings arranged-for f"
the district are:
Thursday evening, Oct 4 Kauluwela
Friday evening, Oct, K Reformatory
Monday .evening, Oot 8
Tuesday, evening, Oct Detention
camp, .Kallhi.. rl"
Wednesday evening. Oct 10 NIolapa
Church, Wyllle street
Thursday evening, Oct 11 Moanalua.
Friday evening, Oct. 12 Aala school
house. . i- - ts ?
Registration office next to postofflce.
Local Basons' Wives
lo WcImic Shrincrs.
A Meeting Held at the Masonic.
Temple and Preliminary
The Shrlners of Ishun temple will h'
four days later than the advertised time
at every point as the start will be male
later than had been originally intended.
According to latest reports the
Zealandia will reach rHilo on October
17, instead of the 13th, and Honolulu
October 19th, instead of the 15th. This
will give local members of the ancient
craft that much longer to prepare for
the reception of their brethren. This
work is goiag forward .rapidly.
Wlvesof MaaoM of thia city will assist
Jn ta eatsrtainmeat of the visit
ing ShriBers. The ladies held an enthusiastic
meeting in Masonic temple
Tuesday afternoon and in a very short
space of time made partial arrangements
for the appointment of committees
among themselves, which are to
act in conjunction with those appointed
by the several Masonic lodges oi
this city. They will have charge of
the matter of decorarJoas, in which
capacity the ladies will exceL The
most ambitious plans are under
When the Masonic brethren
frButae this city
they will hare cause to recall for a
long time to come with great pleasure
the "work of decoration 'about the city
la their ""behalf. Tae ladies did aot
complete the. entire organisation; of
their body. They will met again
when the apeoiatanaU of committees
oa various subjects, 'will he made aad
th wsrkrf nsagla;t
of tae laikMtfi pwseagers will
be carrte;' f "
JT,l"' XaiBlj. IB 11 llq I m i.w. .-
Temple Skraera pflarteaft to Hawaii
have see recaived. It-is a
orate brocaare, with heavy cover, .print
ed. In colors, aad profasely lllaatrated
with saap aaoti aa hoard the steamer
aad Hoaasala aad Rile paotograaaa.
The fXoaMapim la.a of
tarea of ta aMsabera of the cpaaaKtee
la pHi iiaiaae. The .teat
ef 2. aad
k riii ,
1 III ISSKttlHI
CUSIKSS KW BBLES
Bather a Satisfactory
ILL HfKIEIS SHW1K INKIEST
DISCUSSION ON ONXY OWE
BTJXX OUT OP THE FOTEXir
Bula Two in Beference to Briefs and
the Strict Limitation on Appeals
A fair representation of the members
of the bar of Honolulu met in 'he
United. States district court room at 4
o'clock yesterday afternoon and briefly
discussed the proposed rules of the
superior court, which are to supersede'
all others previously made with the
exception of those in regard to graud
Rule two and the strict limitation
en appeals was productive of considerable
discussion. Many present favored
an allowance cf more time in this matter.
Instances were cited where in
various states and their courts on the
.,, ,,. . i
uiiumana, appeuaie mauers were ool i
confined to such limited space of time
as the new rule provides. However,
in the general discussion a number
of favorable features were suggested
as embodied in the regulation and it
was -thought best to take no action in
the matter. No change was proposed
la the remaining sections and they
were quickly disposed of. The rules
etand as follows:
1. CALENDAR. The plaintiff in
or appellant shall notify the clerk
when all requirements for placing a
case, on the calendar have been com
If the plaintiff In error or appellant
shall fall to observe this rule -within
ten days after such requirements have
been complied "with, the defendant in
.error or appellee may so notify the
The clerk shall upon receiving. such
notice enter such case upon the calendar.
' If such notice is given before all such
requirements have .been complied with,
the case will he tricketf from the
,Noase shall bo placed. , on the .
dar after the opening of .the term- ex
cept by special permission of court
Motions will be heard en the opening"
day of the tem after the calling of the
2. BRIEFS. At least ten days before
a case Is' called for arjarment
counsel for the plaintiff In error or
appellant shall file thres typewritten J
or printed copies of his brief and
serve at least one copy on counsel engaged
on the opposite slde.f '
At least five days before i'he Js
called for argument counsel for the
defendant in error of appellee shall
file three typewritten copies of his
brief and serve at least one T'py on
counsel engaged on the opposite side.
At least twenty-four hors before
the. case is called for argument counsel
for the plaintff In error or appellant
may file a typewritten or printed reply
to the brief filed 'by counsel on the, opposite
No further briefs shall be filed except,
by special permission of the court.
When according to this rule, a plaintiff
in error or an appellant is in default
the case may be dismissed on
motion, and when a defendant in error
or an appellee is in defarlt fie will not
be heard except by special leave of the
3. ORDER OF ARGUMENT. The
plaintiff or appellant in this court shall
be entitled to open and conclude the
argument of the case. But when there
are cross-appeals they shall be argued
together as one case and the plaintiff
in the court below shall be entitled to
open and conclude the argument
4. TRANSCRIPTS OF EVIDENCE.
A suitable book shsl! be kept in the
office of the clerk cf the supreme
court in which any party, in person or
toy attorney, desiring for use on- appeal
or exceptions a transcript cf the notes
of evidence taken by a court stenographer
In any case, may, after verdict
or decision, enter his name and that of
the party he represents, the title of the
case, the date of entry and the name
of the stenographer.
The clerk shall forthwith give notice
of such entry to the stenographer who
took the notes of evidence in the case.
The stenographer shall make :tnd
furnish the transcript in the order of
such notice unless otherwise directed
by a jastice of the supreme court or a
Judge of a circuit court
la case a party, by person or attorney,
desires to make or procure a
traaeript or copr of the evidence without
the aid of the court, stenographer
for use on appeal or exceptions, ne
shall obtain from a circuit judge leave
to file within a specified time such
transcript or copy,
Unless each entry Is made or such
leave is obtained within ten days after
the filing of the notice" of appeal or it
bill of exceptions ao such transcript
or copy' ot evidence will fee considered
by the supreme court aaoa such appeal
5. APPEALS FROM DISTRICT
MAGISTRATES. District' magistrates. at
ia ail cases w.wafch appeals haw beea
aid perfected from theai to the'
court, aceil forward
May to ' tae clerk, of, the supreme
osart a eerttfcate'of appeal, the de-
cislon made and the points of law upon
which the appeal is taken; also the
original summons or warrant ul
vouchers and exhibits filed and a transcript
of the testimony; also all costs
paid by either party to th action wish
a clear and itemized statement showing
by whom, and the purpose tor
whlcn, each amount is paid, keeplaj
back nothing but statutory fees and
mileage, and stating explicitly what Is
6. MOTIONS- All motions shall be
in writing and shall be served oa
the opposite party not less than forty-eight
hours prior to heaxiag unless tha
court otherwise orders. No facts will
be consideed unless appearing upon
the record or verified by affidavit
?. COSTS. Attorneys shall be liable
for costs of court Incurred by their respective
S BONDS FOR COSTS. Bonds for
costs on appeals or exceptions to the
supreme court shall be made to the
clerk" of the judiciary department,
filed in the court in which the appeal or
exception is taken and foiyarded by
such courr to the supreme court
9. REMITTITUR. When a case Is
remanded to the lower court arr'brxier
to be signed by the clerk, remitting the
cause, must be prepared and presented
by counsel of the, prevailing party
within ten days after receiving notice
of the decision.
10. PAPERS UPON REMITTITUR.
Upon a remittitur, the bill of exceptions,
notice of appeal, decision cK the
court, briefs of counsel and all original
papers filed In the supreme court shall,
unless otherwise directed by the court,
be kept in the files of the supreme
court The other papers shall bo returned
to the lower court.
II. REHEARING. A petition for
rehearing may be presented only with
in thirty days after the filing of the
opinion and shall briefly and distinctly-state
12. DEFENSE OF TITLE IN DISTRICT
COURTS. Whenever, In the
district courts, in defense of an action
of trespass, or a suit for the summary
possession ot land, or any other action,
the defendant shall plead to tho jurisdiction
in effect that the suit is a real
action, or one in which the title to real
estate is involved,; such plea shall not
be received by the court unless accompanied
by an affidavit of the defendant,
or "his attorney, setting forth the
source, nature and extent of the title
claimed by defendant to the land in
question and such further. particular
as shall fully apprise the court of the
nature of defendant's claim.
13. PAPERS. No pa per shall betaken
from the flies of the court except by
permission ot the court or a justice
14. LIBRARY. No book. p&mphlM
or magazine shall be taken from the
library of the supreme court (except
for use in the supreme court or in the
circuit court of the First circuit,
without the permission- of a Justice of
the supreme court or a Judge of the
15. ADMISSION TO THE BAR.
Applicants for admission to the bar cf
the supreme court, or ot the lower
courts, shall be by petition In the applicant's
handwriting, settintr forth his
age, birthplace, nationality, last place
of residence and the character and
term of his study. Sufilcient certificates
of the applicant's good monl
character; and, if he be a member of
the bar; of any other court, the certifi
cate of his admission to such bar, shall
accompany the application. .
Registration hours 10 to 1 and 5 to. 8.
The Kitchen Cabinet
y Ratter Busy Day
High Sheriff Brown Confused Aboat
Vehicle Rules and Regulations
At the session of the governor's council
yesterday an opinion was read by
Attorney General Dole on the matter
of calling an extra session of the legislature
to deal with the problem of
taxationand revenue. The opinion is
printed in full In another column.
Treasurer Lansing read a letter from
High Sheriff Brown regarding rules and
regulations for vehicles In this city.
While the matter-of issuing licenses re
mains in, the-charge of Mr. Lansing the
superintendent oc public works -
given .in charge of the rules and regulations.
The sheriff wanted to know
where to apply for rules and was re
ferred, to the superintendent of publl?
An application for a renewal cf .the
liquor license of the Walilkl tin net
with no objections.
H. Hamano applied for a dealers IU
cense to locate in the Patzlg Block oa
King street. The matter was deferred
until the next session.
H. Vida applied to Mr. Lansing to
change his saloon license from the
hlock to the oWLXL bulldln?
at King and Nuuanu streets. No objection
The application of P. Cocke tt for a
light wine and beer license on Wal-
kupa road in Maui" was
The Koaala aV Hllo Railroad company
seat ia to- the treasurer
that it had elected its officers and that
wouKr increase its capital stock to
Superintendent McCandless read the
teadersfor the bridges to be built ha
Beretania aad School streeta. The
council favored letting- the contract for
once. This will be doce,if the. the
are la sack, shape as will enable
the Mile to bVpaid" upon, the
tioaethe brWea.; . tor
Rasiatratiaa. hoars 1 tal aad 5 to 8.
Wants Two Thousand
Dollars Prom Arthur.
FftMl IY IRATE UIILHIES
WHOM THE POLICE ALWAYS
ASSISTED WITH ALAC3UTY
Terrible Trials and Tribulations of
the Old Frenchman Judge
Estee Makes Eighteen
F. Lombard vs. A. M. Brown is Uus
title of a case filed In the federal eowct
Lombard Is a well known lecturar
on the streets of Honolulu and for a
livelihood teaches the German tnl
French languages. A. M. Brown U the
high sheriff or the Territory of Hawaii
and if the court grants the prayer
of the French "professor," must pav
to that worthy 52,000 to appease his
wounded dignity, to assuage his mentnl
sufferings and to palliate the disgrace
and contempt that have been heaped
upon him by the police.
The petition alleges that three policemen,
under the direction and control
of the high sheriff, assaulted him on
September 20, dragged him to the station,
divested him of his possessions,
locked him In a vile cell and kept him
there until next day, when he-was ordered
released by Deputy. Chilling-worth.
On four other occasions during 4he
past three years, so the professor alleges,
he has been violently dragged
from peaceful pursuits by the
and incarcerated with Chinese. Japs
and the nondescripts of the station in
quarters coarse and repugnant to his
To add to the woea, of the poor
Frenchman and make' his grievance
against the high sheriff the more
In eoery case of his arrest the
police forco has bad the decisive and
necessary assistance of the profeaso?
landladies. On, September 20 Mr.
Ludzweako was an ally of' the pollco.
On January 26, while he was at the
Sailors' home he was assaulted by a
special policeman in citizen's clothes
and dragged down a flight of steps
like a, bundle of laundry. At the station
he was detained three hours. without
explanation or trial.
On March 16 of the same year, Mre.
Braun, his landlady, started the
trouble by bombarding his door In tho
name of the police department and or
dered him out of the house. Being
engrossed with deep meditations, this
professor paid no heed to the onahuigu;
and. the landlady called the police. An
officer .came and carried the Frenchman
to headquarters, where he spent
a sleepless night, and wont forth next
The following May, Mrs. Smith, hta
landlady at the time, put him out or
the house. A patrolman who "was evidently
lying in wait for the
professor, handcuffed htm and
made him walk to tho station, whero
his former experience was repeated.
Again in June of that terrible year.
through the machinations ot Mrs.
Lamson the successor of Mrs. Smith
In the dynasty of landladies, Lombard
fell into the clutches ot the forc.
After a night of misery and lamentation,
jn a cell with Orientals for company,
he wa3 released In the morning
The hounded Frenchman has sought
relief In high quarters. He went
straight to the governor in hopes of
finding a friend, but found a deaf ear.
Having grown desperate, Mr. Lombard
now seeks through Judge E3tee the
relief he so much needs a Judgment
against ue high sheriff for 2,000.
EighU n aliens were made citiwn3
of the United States yesterday by
Judge" Estee. Eight of tfiem were Germans,
two -were Swedes and three were
from the Pacific Islands. Their names
are as follows: Otto A Graef Olaf
Bergstrom. James D. Young. August
Schult. Fritz J. Wllhelm. Fred Phllp,
Morley Phllp, Franc Bechert. Fred J.
Turner. August J. Freltas. Louis R.
Medelros. Wm. Berjcwltz, Joseph D.
Marques, James Edwards, Joseph
Nils Oberg, Joseph Patrick.
Registration hours 10 to 1 asd 5 to x.
THAT EIGHT-TEAR CASK.
Suit of Aldrich. Against Haaaevger
in the Supreme Court.
In the supreme court yesterday tha
case of Aklrich vs. Hasslager
partly argued. The case is one that
hag beea dragging- through the courts
the past eight years and ta to settle
question whether a trust was, intended
Ia an estate. Kinney, Baltoa &
XcClaaahan and Bigetow appeared
plaintiff aad W. O. Smith, Mtv
Lewis aad Robertsoa A Wilder for
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