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- yvs?'" . v i 1 . umcrnT vm ii tot to tt tvt. ; . I xiijjj iiwiiji jiji j. ivrjriHiiji;n . ... "-'' '- ' ' " '"-' ' ' . - y- - ' ! '. r i t i; j x m mtsuiu t ftT. .-si. VOLUME L NO. 100. HOSOLULtr; bl t; thuksday, October 4, 1900. PRICE FIVE CENTS .a r i? ,r J i M 1 lOlttSESMI - ifEll SIR DOLE Opinion on the Subject by Attorney General Dole. THE LEGISLATURE MAY LEVY TAXES CONTENTION THAT CONSTITUTION OF THE REPUBLIC HAS BEEN REPEALED. Territorial legislature Will Consequently Hare the Power to Increase Tax Bate if Fairly : Apportioned. 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 in full: Territory of Hawaii, Office of the Attorney General. 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 provides that: "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 declares that: "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 same." 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 board." Legislation increasing a tax which had already become a fixed charge would bo retrospective. Section 5 of tho Civil Laws of 1S37 declares that: "No law shall have any operation." 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 lair.. . 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 declare: ? "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 'lm.MLfteUm of the BOTsrohwttar at the St i?vv j v. e ..'." jfc S-J? wallaa. Islands to the United State of America." 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 "Session Laws." "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 language. 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 locally applicable. 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 both ways. , 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 thereto. 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 -' PWTCIUG PITT1K FNII KST EKK. All tne Hardest and Best Men are in the Field. IEAHUITEI. UKELY BESERTEI A mXFUBLICAX BALLY HELD LAST 1TOET AT THE OLD ' TtAWKAT,T, OXOTJHDS. 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 every speaker. 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 ein. For representatives E. A. Fraser, T. C Lenhart, G. P. KamauohB, Julian Moaaarrat Q 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: JLT LARGE. For delegate to congress Samcel Parker. HAWAH. For aaaatora A. B. Loebenstein. C. Bl Biacow, BL L. Hotetela, John D. Paria. For reataaeatttiyes. First BL Rycroft, James Lewis, J. Caarles WilUams. For representatives, Secoed dtotrkt K. A Fraser. J. C. Leaaart G. P. Kamaaoaa, Jaliaa. Moaaarrat KAUAL For staaaora W H. Rice, George N. WlkoK. St For represoatatives Robert 8. K. Kaeo, B. KaBdaes, Akx. McBryde. - , 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 t OAHU. ,- Fer saastori B. F. DUnwgar. & AakL OanalceU Crabbe. CXrUr & 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 letter-explains itself: "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, ) Archie Gilflllan. 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 Pahia. Saturday, Oct. ,6 Waikiki Church, evening Speakers, Cecil Brown Clarence Crabbe, Archie Gilflllan, T. Mc-Cants Stewart. 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, Jonah Kumalae: 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 Crabbe. 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 School.; . f Friday evening, Oct, K Reformatory School. Monday .evening, Oot 8 School House. Tuesday, evening, Oct Detention camp, .Kallhi.. rl" Wednesday evening. Oct 10 NIolapa Church, Wyllle street Thursday evening, Oct 11 Moanalua. School House. Friday evening, Oct. 12 Aala school house. . i- - ts ? - z Registration office next to postofflce. - r Local Basons' Wives lo WcImic Shrincrs. A Meeting Held at the Masonic. Temple and Preliminary Steps Taken. 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 " nn t..t.. 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 Attendance Drawn Out. ILL HfKIEIS SHW1K INKIEST DISCUSSION ON ONXY OWE BTJXX OUT OP THE FOTEXir SUBMITTED. Bula Two in Beference to Briefs and the Strict Limitation on Appeals Caused Much Discussion. 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 Juries. 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 plied with. 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 clerk. 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 calendar. ,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 " ' calendar. 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 side. 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 court 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 or exceptions. 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 kept back. 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 clients. 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 its grounds. 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 thereof. 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 saidcircuit court 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 Bridge Contracts. 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? works. 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 was offered. 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 ' c 13.560,060. 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. LIH6BEST UMIIABO mm SHERIFF Wants Two Thousand Dollars Prom Arthur. FftMl IY IRATE UIILHIES WHOM THE POLICE ALWAYS ASSISTED WITH ALAC3UTY AMD PUCA8TJXE. Terrible Trials and Tribulations of the Old Frenchman Judge Estee Makes Eighteen New Citizens. F. Lombard vs. A. M. Brown is Uus title of a case filed In the federal eowct yesterday. 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 esthetic nature. 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 morning acquitted. 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 without trial. 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. Fosa. 1 - 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 ' - 3 ,. V 4rfM;s f V , .i . -4, AiSST "? 'f W E 2-5- t t 3Ti j. a t; . s , a i " , - -J$ " -- t lis ssia ",-s )r iii. .- '! ' . ?,, r' j '- v p fi iff. K.t. - - . I ,;fVw.,r v -" ", X sTX. Wis: ' - w jf -' I s.- . &