i

't't' I 't' I 1 I I i 1 i I i t i I i I i i iWEATHER FORECAST FOR TODAY. SUGAR 96w Centrifugals, 3.375

f Light trades, fair with occasional showers. cents.ESTABLISHED JULY 2, 1856.

VOL. XXXIX. NO. 6688. HONOLULU, HAWAII TERRITORY, THURSDAY, JANUARY It, 1904. PRICE FIVE CENTS.22

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ift SESSION : p0K ;:nPK-;.ARwy- . iransport-- ' service.GAINST EXT9

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C.J. M'CARTHY, DEMOCRATICNATIONAL COMMITTEEMAN

Russia Has Requisitioned Services ofthe Whole Volunteer Fleet

of the Empire.

A Variety of Advice is Offered as to What isBest to Be Done Appeal to Congress andSupreme Court of United States Suggested.

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In order that Governor Carter mayarrive at a consensus of opinion of Ho-nolulu's representative ' citizens on tne

Powers Considering 'Mediation Between theBelligerent Nations A Panic at Seoul.

What Japan Asked of Russia.result of the Supreme Court's decisionon the County Act, he has sent out a

Smith, R. X. Boyd, E. C. Winston, A.Lewis, Jr., A. V. Gear,-T- . McCantsStewart, Fred Macfarlane, Judge Hart-wel- l,

Government officials, Albert Judd,W. R. Castle.

The discussion will be informal andopen to . all present. 1

WHAT PEOPLE ARESAYING OF OUTLOOK

call to a number of prominent citizensof all parties to meet with him this A

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morning: at 9 o'clock in the Hall of Rep-resentatives to discuss the situation.

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Suggestions "will be asked of all pre-set .as to what, course to pursue withregard to County Act measures. , o

oAir. nuckiand communicated with alarge number of people .by1 telephone olate yesterday afternoon to be present.and in most iftstances the responses"were sufficient to. indicate that the

'Where are we afT' was the questionon everyone's lips yesterday after thedecision of the ..Supreme Court in theCounty Act case became known. Anaevery one had an answer. A specialsession of the Legislature was the re-ply of many. 'An immediate appeal toCongress was another' favorite theory.Allow the government to run along aait is now on th old appropriations 'wasstill a third solution while the majorityopinion was "Deliver us from another

otooAsession of the present Legislature."

meeting will be a large r and an impor-tant one. The list of gentlemen re-quested to attend is as follows:

E. D. Tenney, S. M. Ballou, W. O.Smith, U. S. District Attorney Breck-on- s,

L A'. Thurston, George tv. Smith,the members of the Senate, A. G. M.Kobertson P C. Jones, Judge Dole, S.3L Damon, Cecil Browii, W. G. Cooper,H. E Cooper, Walter G. Smith, W. R.Farrington, A. Qartley, William Henry,A. S. Humphreys, the "County" Super- -

Representative citizens will get achance to say just what they think

(ASSOCIATED PRESS OAJBUSQXLAJSS.)

SAN FRANCISCO, Jan. 14. Japan has impressed the Hong-kong, Nippon and America Marus, running on the trans-Pacifi- c

route, for transports. r

; MOSCOW, Jan. 14. The Government has claimed the servicesof the entire Russian volunteer 'fleet. "s v

PARIS, Jan. 14. The powers are considering mediation be-

tween Russia and Japan.TOKYO, Jan. 14. It is stated that Japan, in her ultimatum to

Russia, did not ask for the evacuation of Manchuria, but only de-manded that Russia should fulfill her pledges respecting the integ- -'rity and freedom of international trade.

- SEOUL, Jan. i4.--Th- ere is a panic in the palace and the cityis turbulent. - The Emperor has issued an ordinance warning theArmy not to fire in the event of a collision with foreign troops.

"PORT SAID, Suez, Jan. 13. Two Russian cruisers convoyingseven torpedo boat destroyers have arrived at Port Said, on theirway to the Orient.

WASHINGTON, D.C., Jan. i3.The Japanese Minister atWashington denies that Japan sought to secure a protectorate overKorea.

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ought to be done at this morning's?meeting in the old throne room, andout of the multitude of wisdom offeredprobably some solution will be foundfor what everyone says is a very diffi-cult problem.

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A few days ago the government hadi ij" visors, C. M. Cooke; Mr. Spalding, J. H. no money and a plenitude of appropria-

tions. Now the Territory will havemoney In plenty but no appropriationsunder which it may be spent.

- Immediate appeal to Congress is the

Boyd, Frank Hoogs, representatives ofthe Advertiser, Star, Bulletin and In-dependent, C. P. laukea, Judge Whit-ing, J. WV Matthe wman, A. A. Wilder,'Samuel Parker, Prince Kawananakoa,A. W. Pearson, E. S. Cunha, ,C. W.Ashford, John Colburn, E. A". Mott- -

course advised by many and there hasbeen some talk that United States At-torney Breckons would go to Washing- -

(Continued on page 4.)

O COL. C. J. M'CARTHY, THE NEW DEMOCRATIC NATIONAL V6 .. COMMITTEEMAN.

At the meeting- - of the Democratic' Executive Committee inWaverly hall last evening C. J. McCarthy was unanimously selectedas the choice of the committe for National Committeeman in Ha-waii. His name will be sent to the chairman of the National Com

vNO CIVIL SERVICE COMMISSION.SUPERVISORS APPROVE

CURTIS lAUKEA'S BONDr " - 'i ; J

' r" ; 1., ' i ' "; ;

Probably the Last Official Action of the BoardIs Taken Before the Final Decree

mittee with a recommendation that he.be appointed. .WASHINGTON, Jan. 14. The House Committee of theof a committee Whole, by a vote of 78 to 65, struck out from the Appropriation billThe committee also authorized the appointment

pi three to raise funds to organize the party in Ha wan. the provision for the Civil Service Commission.

DELEGATE KUHI0 WOULD TEN PEOPLE KILLED.and Judgment Is Entered.

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BE WILLING TO RUN AGAINST. LOUIS, Jan. 14. Ten people were killed here in an elevaand referred to the county attorney, Mr.

Rawlins immediately giving an opinionthat it was in conformity with the coun-ty act

tor accident yesterday.Oahu Supervisors will hold on to their

jobs until final judgment, and decree isentered by the Supreme Court in theCounty Act test case. What will prob Mr. Mahoe then moved that the bond

o '. " .PORTE ACCEPTS REFORM.

CONSTANTINOPLE, Turkey, Jan. 13. --The Porte has formably be the last official act of the board , be approved, the sureties being satis-w- as

taken yesterday in the approval of j factory. - Supervisor Gilman amended

detriment of his territory's interests.Prince Kuhio is non-commit- tal on thenext nomination, but it is believed hewould accept it if offered to him.

WOULD BE A DELEGATE., WASHINGTON, December 28. Dele-gate Kalanianaole has written to Gov-ernor Carter and Secretary Atkinson

this to make the approval be only as farthe bond of Curtis laukea, as assessor ofthe county. laukea has qualified but ally accepted the Macedonian reform scheme to be carried out bymay not get an opportunity to act as Russia and Austria. c 4assessor, although he wanted his office

General amnesty has been granted all political prisoners within case anything should happen to placehim in the position again, or at least to that he would be pleased to serve Ha

as the board was legally empowered todo so. ' ,

Chairman Hocking suggested that thedistrict attorney be asked for an opinionas to the legality of the board's action.He said he saw no reason why the ap-proval should not be the same as withother county officers, if the board hadthe right, and if the board was not legal-ly existence then there should be no ap- -

the exception of the dynamiters.

WASHINGTON. Dec. 28. DelegateKalanianaole has received letters bear-ing upon his candidacy for delegate atthe next election', and in one from aprominent official he was asked bluntsly whether or not he would be a candi-date. The Delegate since his arrivalin Washington, has keenly observedthe workings of Congress, and is of theopinion, while not directly broachinghis own candidacy, that it is againstthe interests of Hawaii to have a newdelegate enter Congress at each newsession. Prince Kuhio's opinion, likethat of a majority of congressmen, isthat the changing of a delegate, whois the only representative in 'Congressa territory has, necessitates the officiallearning the ropes' over again, to 'the

waii as one of the delegates to the Republican Convention to be held at Chicago.

In making the effort to have the Fedrproval at all. eral Government take over the lighthouses of Hawaii, the Delegate statedto the bureau officials that the Hawai

EBEN LOW HEARD FROM.PORTLAND, Ore., Jan. 13. The National Live Stock Con-

vention, in session here, was addressed today by E. P. Low; of Hawaii. Mr. Low gave an extended and interesting report of the ef-forts to develop the cattle industry in the islands. .) 0

THE TREATY WITH CHINA.WASHINGTON, D. C, Jan. 13. The President issued a proc-

lamation today declaring the commercial treaty with China to be

insure his salary if the county act ispassed by Congress or by theLegislature. !

It was a gloomy lot of county offi-cials and hangers on which met in theCastle & Cooke's hall at four o'clock.

. Jack Lucas was the only member absentwhen the meeting was called to orHerby Chairman Hocking, and when hecame in he asked the supervisors whatthey were doing, and took a seat in therear with the spectators. Judge Whit-ing who was in attendance at the meet-ing, told the supervisors that they werenot "pau" yet, and District AttorneyRawlins said he hoped to get a trip to

, Washington out of it. Judge Whitingsaid he guessed not as Breckons was go-ing on Friday. , -

Supervisor Harvey said that the bestway was to accept the bond and let theSupreme Court pass upon the matter ifthe question was raised. He said thecourt had given the supervisors no no-tice, and . he knew nothing exceptingwhat appeared in the papers. .

ian government would cease to maintain the lights after December 31, 1903,

(Continued on pag S.)

inDistrict Attorney Kawlms gave anopinion that until a decree had beensigned the board could act, and would TY ACTbe acting under the law. He agreedin force, Under this treaty the ports of Mukden and Antong arc

THE COLINIS KNO

with Judge Whiting that it was simplyan opinion, and the judgment had not opened to foreign trade.OUT

DEATH OF FORMER MINISTER DENBY.JAMESTOWN, N. Y., Jan. 13. Hon. Charles Denby, former

United States Minister to China during the Cleveland administra

been entered. As counsel in the casehe had received no notice and it washis opinion that every man was entitledto hold his office until the decree hadbeen signed. ' He said he intended tohold on to his office until notified thata decree had been signed, and then heproposed to object to the decree.

Supervisor Lucas said that if a manhad qualified properly he was entitledto his office and he moved that the bondbe approved. ,

Mr. Gilman stated that he would vote

tion, died here today.

In calling the meeting. Mr. Hockingsaid it was for the consideration of theassessor's bond which had been sub-mitted with August Dreier and Mrs..Samuel Parker as sureties, each in thesum of $150,000. --

Judge Whiting stated that he had ex-amined the qualifications of the sureties,and had found each of them possessedof much more property ,than the amountgiven in the bond and added that thesupervisors could satisfy themselves alsoas to the qualification of the bondsmen.Judge Whiting said he also wanted tosuggest, in view of the reports of the

- county act decision in the papers, basedon the ground that it -- was not in ac-cord with the Organic Act, that it wassimolv an opinion, not a decision. In

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for the approval of the bond if thehoard could legally do so, and would "

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The County Act is dead. It was declared wholly null andvoid by a unanimous decision o the Supreme Court, filed at 12o'clock noon yesterday. '

Although-th- fate of the famous measure was decided on thesingle question of taxation, the Court's language in waiving con-sideration of other points indicates plainly enough that the Act ishoneycombed with delects more or less "obviously and imminentlydangerous" to its life.

The full text of the decision here follows: .IX THE SUPREME COURT OF THE When the valid and invalid parts of

TERRITORY OF HAWAII. an act are so mutually connected withOctober Term, 1903. or dependent on each other as to war--

rant a belief that the Legislature intend- -Territory of Hawan .Superiors ofVj ed and that, if the in- -the County Oahu. vaiid pam CQu!d nQt carrie(J jntQAppeal from Circuit Judge, First Cir-- effect, the Legislature would not pass the

cuit Submitted December 30, 1903 valid parts independently, the wholeDecided January 13, 1904 Frear must fall.

C J., Galbraith and Perry. J.J. J (Continued on iag;e 3.)

' Col. Charles Denby, lawyer and diplo-

mat, was born in Virginia' in 1830. liewas educated at the Georgetown-Universit- y

and was a graduate cf the VirginiaMilitary Institute. He taught school fortwo years and then located as a lawyerin Indiana. He fought during the Civil

War in the Union Arnfy, first as alieutenant-colon- el and later as a colonel.

He was the United States minister to

China from 1885 to 1898, and in thelatter year was appointed by PresidentMcKinley as a member of the commis-

sion to investigate the conduct of thewar against Spain. .

this case the Supreme Court had original"- - jurisdiction not as an ordinary case

' viewing a decree, and therefore until a; decree had beeri signed, the supervisors

accept the opinion of the county-attorne-The bond was then approved

unanimously.Supervisor Gilman reported for the

committee on health that a conferencehad been held with the trustees ofQueen's "Hospital, the Leahi Hospitaland the Kapiolani Maternity Home, butno decision had been reached, and thecommittee was given further time.

An adjournment was taken until Mon-day morning at ten o'clock or if notcalled sooner by the chair. The mem-bers were notified also to attend theconference with the Governor at nineo clock this morning. . .

were still in office. He said that underthese circumstances Mr. laukea had aright to, qualify as the board was stilllegal, and woud remain so until a decreehad been signed, and if a writ of errorwas taken out, until a final decree in theUnited States Supreme Court.

Mr. Iaukea's bond was then presentedCOLGXEL CT1 ARIX3 PEXBT.

THE PACIFIC COMMERCIAL ADVERTISER, HONOLULU, JANUARY M, 1904- -

(0 LI WmHrCEM. It Riir-.,Mn-an rim ft 11 w nnnprn Jli&- -ood-iseddin- a

Greatly Reducedprices ao'

riiifiLLi ;nti.oiul ATTRACTION SAT OUR STORE

The Licensee Must Pay Minimum Annual Tribute;of $3000 Protection of Homesteadersand Small Consumers.

You'll need plenty of comfortable bedding for the coldnights now due and you can get it here this week at tempt-ingly low prices.

BLANKETS 10-- 4 size, price $1.00; now $ .75BLANKETS 10--4 size, price 1.25; now 1.00BLANKETS 10-- 4 size, price 1.50; now 1.25BLANKETS 1 1- -4 size, price 2.00; now 1.50QUILTS reduced to $1.00, $1.25 and $1.50

' SHEETS 72-9- 0 wide hem, good quality; 65c each.PILLOW CASES 45-3- 6 12 1-- 2C and 20c eachCOMFORTERS reduced to $2.25 and $2.50 each.MOSQUITO NETTING 90, 100, 120 inch at reduced

prices.

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TABLE DAMASKS.cSFfnches wide, 25c. vard60 Inches wide, 50c. yard66 inches wide, 75c. yard.70 inches wide, $1.00 yard.72 inches wide, Si.25 yard.74 inches wide, $1.50.

ort Street-- '

First CloooGood

Muslin UnderwearSEE WHAT WE OFFER FOR ONE WEEK.

Corset Covers, were 40c. now at 20c. ; 40c. at 30c. ; 50c. at 40c. ;65c. at 50c.

Chemises, 60c. at 45c; 75c. at 60c. ; 85c. at 70c. at 75cGowns, 65c. at 50c; 75c. at 60c. ; 90c. at 75c. ; $1.25 at S1.00.Muslin Skirts, $1.50 at $1,257 $2.00 at $1.50; $2.25 at S1.75;

$2.50 at $2.00; $3.00 at S2.50.

All-Ov- er EmbroideriesHERE'S A SNAP FOR A WEEK, IF THEY LAST.

Were 75c, now 40c. ; $1.25, now 75c. ; $2.00, now $1.00 yard.No two pieces alike. 90 patterns to choose from.

SPECIAL 50 Dozen pairs Ladies' Full Finished Black Cot-ton Hose, 2 pairs for 25c.

BOXING BLOVES, PUNCHING BAGS

s2!r WhitmanHARDWARE, SPORTING GOODS AND BIKES. SHOE DEPARTMENT

ANOTHER LOT OF OUR FAMOUS

Barofoot SondQioJLH6 INFANTS' SIZES,. 90c. MISSES' SIZES, $1.35.CHILDREN'S SIZES, $1.15. WOMEN'S SIZES, $1.65.

MEN'S SIZES, $2.00.

WE INVITE COMPARISON.Epicurean and

855 Kaahumanu Street. E(La

LIMITEDAlakea Street between King and Hotel.

Por One TTeeHs: Om.l3TCLOSINGOUT SALE

' OF OURi

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22BONY CHAIRS, TABLES, STOOLS, Etc-.-Also, a large assortment of

o-- DECORATEDAll sizes. The prices are practically a giving away of the goods.

Wins Ao931-93- 5 Nuuanu, Three

MAIL ORDERS--

BEDSPREADS.10--4 size, reduced from S1.00

to 75c.10- -4 size, from $1.5 to $1.001 1- -4 size, from $1.50 to $1.2511-- 4 size, from $1.75 to $1.50.1 1 -4 size, from $2.00 to S1.7J12- -4 size; from $2.50 to $2.00

'3$

THOUSiO

EMBERS

Central Union Church'sMany Good Works

Reported.

- Central Union Church held its annualcongregational meeting for the hearingof reports in the church parlors yester-day evening. A sociable followed.

The first report was the pastor's let--ter to the people, by Rev. W. M. Kincaid,D. D. Other reports, were presented bythe following-name- d officers;

W. W. Hall, church clerk.W. 0.Atwater, treasurer.Jonathan Shaw, treasurer of trustees.E. J. Walker, superintendent of Sab-

bath school. ,' W. J. Forbes, treasurer of Sabbathschool.

Rev. Arthur Logan, superintendent o.j?Palama mission.

Mrs. O. P. Emerson, president Lades'Aid Society.

Herbert' E. Younpr, president Y. P.S, C. E.

Charlotte V. Hail, president Mission-ary Gleaners.

Rev. O, H. Gulick. superintendent ofJapanese Sabbath school, also of thePleasant Island mission.

W. A. Bowen, superintendent Portu-guese Sabbatn school.

m the church, i he figures at the be--ginning and end of the year show a netgain of thus : Membership end ofprevious year, 985. Added on confes- -sion of faith, 34; on reaffirmation offaith, 7; by letters from other churches,91 i total accessions, 62. Removals bydismission to other churches, 39; y

. . .T - - T 1 Tin..ucain, iz; loiai removals, 51.membership at the close of the year was

. .yThe iargest attendance at Sabbath

school on any one Sunday was '08; thesmallest, in rainy weather, was 160 odd,-- nfl th avpraor- - ,,hnt 4or- .

The Carmen Bheartal. 4"The principals of "Carmen' will m-j- et

at the Opera House this evening. To-morrow, Friday, evening the choruswill assemble with the principals'. Th .hour on each occasion is 7:30. MrfMontague Turner requests a full at-tendance at both rehearsals.

proved by the Superintendent of Pub-- :, lie Works and the Commissioner ofPublic Lands, or such other officer as jthe Governor may direct, before the jconstruction shall be commenced by ithe licensee.

No Exclusive Right. This licenseshall not bo construed to confef anyexclusive right in the waters- - of thesaid Kohala Watershed to the licensee,but the licensee shall have a right,under this instrument, for the periodherein granted, only in so much of saidwaters as he or they shall be the firstone to appropriate and use for thebeneficial purposes herein set forth,,and for no other. It shall not in anyway attempt to develop water in saidKohala Watershed by means of drains,ditches or tunnels, but the' licensee'srights are strictly limited to the sur-face water flowing in the natural water--ways, and the confining, conveying,and the use of the same as herein setforth.

Delivery of Water. The licenseeshall furnish water to all consumersdemanding the same from the ditches,flumes, reservoirs and tunnel con-structed for the conservation or con-veyance of said water, giving prefer-ence first, to private parties, for do-mestic purposes and uses, second tohomesteads for agricultural purposesand third for agricultural purposes ingeneral. ,

Further Delivery of Water. In fur-nishing water to all consumers, for do-mestic, agricultural or other purposes,the licensee shall deliver such water atsuch points of the ditches, flumes andtunnels as shall be reasonably conven-ient to such consumers. Should anycase "of dispute arise between said li-censee and consumer as to the point ofdelivery, the same shall be settled byarbitration, as hereinafter provided.

Charges for Water. For all watersupplied to consumers for domesticuses and purposes, a uniform rate ofcharge shall be maintained. Suchrate shall be fixed by the licensee withthe approval of the Commissioner ofLands at the date of the license, andrevised and redetermined by the sameparties at the expiration of each fiveyears from the' date of the license until its final determination.

Homesteaders are to be charered "aslo. a rate as is charged to any otherconsumer for agricultural purposes."

Homesteaders. The word homestead-ers, as used in the license, shall meanall persons, or their heirs and assigns,holding from the Government of eitherthe Territory or the United States; orfrom special agreements of sale underthe Land Act of 1895 and its amend-ments; or from kuleanas held underLand Commission Awards or Patents.

Other Applicants. All other appli-cants for water, who are iV possessionof lands conveniently accessible to wa-ter from the ditches, flumes, pipes, tun-nels or reservoirs built-- and constructedby the licensee, shall be equitably sup-plied at reasonable rates.

Protection of Forests. The licenseemust build fences wherever deemednecessary by the Commissioner ofLands or . other officer designated bythe Governor, to protect the forestsfrom cattle or other animals, and shallmake all reasonable efforts to preventand extinguish a.ll forest or brush fireswithin the Kohala watershed.

Insufficient Supply. If the licenseeshall, at any time during the contin-uance of this license, be unable to sup-ply all its consumers with the fullamount of water required by them, be-cause of insufficiency of water underits control, then sueh water as shallat such time be under the control ofthe licensee, shall be, by arbitration,apportioned equitably among the va-rious consumers, so long as such in-sufficiency of water shall continue.

Officials. Changes of names of offi-cials, through change of government,shall not affect the license.

Ownership of Water. The licenseehereby admits the ownership of allwater mentioned in this license to bein the Territory of Hawaii, and agreesthat no rights shall accrue to the li-censee through the use of the said wa-ters by way of prescription, beneficialuse or otherwise after the terminationof this license.

Acceptance of License; The licenseis to be accepted by endorsement ofthe licensee and the payment of . thefirst annual fee of $500.

Payments. All payments of monej-- sdue to the Territory shall be made tothe Commissioner of Public Lands.

Weirs. The licensee must constructmeasuring weirs in all its ditches, soas to measure the water from publiclands in distinction from water ob-tained from private sources.

Bridges and Fences. The licenseemust cons-truc- t "bridges across itsditches intersecting public roads andfences, wherever required by the Com-missioner- -of

Lands. If this is neg-lected the Commissioner may do thework at the expense of the licensee, tobe immediately paid to the Territory.

Repairs and Additions. The Com-missioner of Lands may require the li-censee, at its own expense, to makesuch repairs and additions as may in i ahis judgment be necessary to preventiujury to life, or damage to public or 'private lands. If not done by the li- - icensee, the Commissioner may make jsucn iciJuiif. aim aauuions at T.ne 1:censee's expense, payable on demand?

Surrender of License At the ond of50 years all the rights acquired and im-provements made by the licensee shallbe surrendered to the Government ofth" Territory.

"At any time aften ten years fromdate of execution of "ieenss, the Terri-tory is empowered to take over the en-t'- re

works on payment of cost of con-struction with the addition of per-centages,

athus: before the end of 15

Governor Carter yesterday passedupon the final draft of the Kohala wa-ter license, made by Attorney GeneralAndrews after consultation with him.An abstract of the document is here-with given. Portions closely affecti-ng- public interests in the distributionof the water are printed in full, whilethe technical details of terms and con-ditions are condensed.

ABSTRACT OF LICENSE.Whereas the surface waters that are

now running to waste from the moun-tain watersheds in the District of Ko-hala, on the Island of Hawaii, can beused to the advantage and benefit ofthe residents of that District, and off t." Territory of Hawaii, if divertedfro." their natural channels, for do-mestic, homestead, agricultural andother purposes, and such diversion andincreased use of these waters cannotfail to Increase tne prosperity of thepeople residing there, as well as thewealth of the island through a greatervalue for Jts lands, and a larger outputfram its soil, the productiveness ofwhich is the mainstay of this Territory,

Following the preamble is the granting clause, wherein James W. Pratt,Commissioner of Public Lands, In con-sideration of the premises and of $500,does grant unto the party who obtainsthe license, for the term of fifty years,"all the running natural surface wa-ter" upon and over all the Governmentlands on the Island of Hawaii, boundedas follows:

Boundary. Bounded on the north bythe sea, on the east by Waipio Valley,on the south by Waipio "Valley, and theboundary line between the lands ofLaupahoehoe I. and II., Nakooka,Apua, Waikapu and Honopue on oneside, and the lands of Puukapu andKawaihae I. on the other side, untilsuch boundary line reaches an elevation of 4,200 feet, from which pointthe contour line of 4,200 feet elevationshall form the balance of the boundaryof the south, and on the west by thelands of Honokane and the privatelands of Awini, the wiiole of such areabeing hereafter called the Kohala Watershed.

Objects. The licenses'' is Authorizedto sell such water for "domestic uses,irrigation and other purposes," andto construct the necessary works forcarrying the water across Governmentlands.

Construction. The licensee is to construct its works so as to deliver waterto consumers upon the following lands:

1st. For domestic and agriculturalpurposes at any point oetween tneland of Honokane iki and the Westernboundary of Hawaii, within two yearsof the date of this license.

2nd. Shall deliver water to all consumers for any purpose whatsoever,within a period of three years from thedate of this license, at any point within the District of Honokane Iki andLaupahoehoe II.

3rd. Within a period of four yearsfrom the date of this license will complete the construction of its lines anddeliver water to all consumers betweenthe District of Honokane iki and Wai--manu, and between the Western boundary of Hawii and the land of Kawai-hae I.

That any failure by the said licenseeto complete any of these lines withinthe specified time shall act as a for-feiture of all right of said licensee tofurther extensions along the line wheresuch failure occurs.

Dealing in Lands. The licenseeagrees that it will not buy, sell, leaseor otherwise deal in real estate, beyondthe direct necessities of. its businessunder the license, upon penalty offorfeiture of the license.

Compensation and Taxes. A fee of$500 is to be paid on the issuance of thelicense and on the corresponding dateof each year thereafter an additionalfee of $500. In addition to such an-nual fee of $500 the licensee agrees topay each and --every year a percentage(at present left blank) of all the grossrevenues received by the licensee,"from all sources whatsoever," but inno event, after the expiration of twoyears from the date of the license, shallthe percentage received by the Terri-tory be less than $2500 during eachand every year, .regardless of whethersuch $2500 is in excess of the percent-age agreed upon or Jiot.

And during the term of the licensethe licensee shall also pay all taxes, ofwhatever kind or nature, assessed bythe Territory or any subdivision there-of, upon the lands and properties ofthe licensee; and nothing stated, ex-pressed or implied in the license shallbe deemed to exempt the licensee fromthe payment of such taxe's; and anyfailure on the part of the licensee tocomply with the terms of this sectionshall act as an immediate forfeiture ofthe licqpse.

Accounts. Annual accounts of theaffairs of the licensee are to be ren-tle- rI

not later than February 15, sachaccounts to be sworn and classifier!,howing the actual cash received as

well as disbursements. The Auditoror such officer a.-- the Governor maydesignate is to have free access to thebooks of the licensee at aU times.

Materials. The licensee is given theprivilege of using all earth, rock andtimber upon the lands in question,necessary to the construction, mainte-nance and repairof its works:"

Vested Rights. All righto and privil-ege?! herein d to the licensee are.ad rnst be. subject to existing vest-ed rights of private parties in all suchwaters, and to the rights of the UnitedStates therein..

Fters and Surveys. All plans andsurveys must be submitted to and ap--

; from the other ISLANDS promptlyattended to, satisfaction guaranteed.

HARNESS :- -: SADDLERY :- -: AND :- -: HORSE :C. R. COLLINS, Est.

P. O. Box 507.

AND PLATFORMS.

AT

91 KING STREET& Co. 928 FONT STHtEl

eyer GoPalace Goods

I . AAA A L K E R, AG E N T.

SCREENS

Chan & CcDoors Below King Street.

--4

GOODS1891. 82-8- 4 S. King St.

Phone Main 144.

50OSOSX3SO0C

HOTEL STREET

for the Mm25 cenis

e!ivere by

Hotel Street.

LMJNDKY3552. Opposite Hawaiian Hotel.

years, 25 per cent; after 15 years, 20per cent: after 25 years, 15 per cent;after 35 years, 10 per cent.

Forfeiture of License. This licenseshall be forfeited if, at any time, anyof its terms, conditions, provisions . orstipulations, as set forth herein, arenot complied with by the holder of saidlicense.

Arbitration. In case of disputes, the'Commissioner may appoint one arbi-trator, the licensee another and thesetwo a third. On the failure of either

iof the principals to name an arbitra-tor within ten days after the otherhas requested arbitration, the ChiefJustice or any Justice of the SupremeCourt may, on application to him, ap-point the second arbitrator. The samerelief is given where the first two, ineither of the foregoing caces, fail toagree on the third arbitrator.

A decision by any two of the arbitra-tors shall be final and binding upon allparties concerned. All expenses ofarbitration shall be paid by the licen-see. --. Sale of License. This license for tak-ingwa- ter

from the Kohala Watershed, ;and the delivery and sale of the sameand all power developed therefrom, un-der the stipulations and conditionssubstantially set forth in the foregoinglicense, will be offered at Public Auc-tion, at Honolulu, afcer duo advertise-ment, and may be granted to the bid-der of the. highest rate of per cent onthe gross revenues of . the licensee, asherein st forth, the upst price of 'which shall be twelve and one-ha- lf(12) per cent, to be paid annually to !the Government of the Territory ofHawaii, in addition to the annual feeof Five Hundred (500) Dollars as here- - jiIn set forth.

FORESTER HOSMER

ARRIVES IN TOWN

Silk embroidered and open workSilk Scarfs, Silk Kimonos, Chinaware, Japanese Curios

tiser.

WAVERLEY BLOCK,

ubscri bever

menth,carrier.

PANAMA H

Ralph S. Hosmer, the Territorial for- - Miss Whitman, superintendent Japa-este- r,arrived from "Washington in the nese mission, read by Rev. E. W.

steameV Siberia and registered at the j Timing., .1 Every branch of religious and benev- - :Alexander Young Hotel. He is engaged ' olent effort was shown to have been vby the Board of Agriculture and For--

fweu sustained with encouraging results, i

estry, on the recommendation of Gifford j At one period of the year there was a ;Pinchot, chief of the Bureau of For- - 'membership of more than one thousand 4 .

AT REASONABLE PRICES

estry, Department of Agriculture,Washington, to take full charge of theforestry division of the Board.

When W. A. Hall, the expert for-ester, was here last year to inspect andreport on the forests of Hawaii for theFederal bureau, a request was forward- -

t Vl mn trl him', ft-- i t Vi o .nnminaflnn rfcompetent supeamenaent or torestry

for the Territory. Different names wereback and Mr. Hosmer became the

choice with the recommendation ofChief Pinchot as stated. While pre- -serving nis connection witn tne unitedStates civil service, he Is in the pay jof the Territory.

Mr. Hosmer's arrival has been eager-ly awaited by the Board, forestry work jhaving been held in abeyance ever sincehis acceptance was received. The re-foresting, of waste places and the con-servation and improvement of existingforests, it is anticipated, will now pro-ceed upon a scientific basis and produce

gratifying transformation of Hawai-ian landscapes before many years..

28 and 32

HPHITOURISTS' WORK PROMPTLY ATT ENDED TO.

Phone Blue

THE : PACIFIC COMMERCIAL ADVERTISER, HONOLULU, JANUARY H, 1904.,rag mmm m w

t.o00000000000 BLO ifiuslin Underwear Sills 1WN UP BYDYNAMITE PACIFIC IMPORT CO. will commence MON-

DAY, JANUARY 11TH, the Greatest (value sir-ing) Muslin Underwear Sale ever held in Hono- - -.

"'lulu. :- -: ;- -; ... ..NEW, ATTRACTIVE

Oooooooo

'

oo?o9o?o

2nd FLOOR1st FLOOR 2nd FLOOR Murder ReportedFrom Garden

Isle.

AND WELL-MAD- E

Chemises, Gowns, Skirts, Corset-cover-sAFJD DRAWERS

at prices that will make this stock of underwearTwo Japanese Under

Children's DressesWhite arid colored; 2 years old.

2 to 12 years old

White Poke Bonnets$3.00. Reduced to

Son BonnetsPink, Blue and Red, 50c; reduc-ed to

vc iasc. :o: :o: :o: o:

Cotton SkirtsIN PLAIX

LINEN AND WHITE

PIQUE.

Woolen Skirts and Suits

Woolen Jackets

Slack Silk Coats

Sill Shirtwaists

Curtains

Art SquaresCouch-cove- rs

Tablecovers

Arrest for theCrime. GREAT REDUCTION SALE IN- - tf

Arthur Glennan Murdered While LADIES' TAILOR-MAD- E DRESS SKIRTSo Do Not Miss This Chance oHe Uy in Bed Tele-

phone Cut.40c Pacific Import Co., Ltd.Arthur Glennan, in charge of the Ma-kaweli ditch on Kauai, was murdered PROGRESS BLOCK FORT STREETlast Friday night by Japanese, two ofF.15 whom, believed to have a knowledge ofthe matter, being now under arrest.The crime was most dastardly. A stickof dynamite was placed under the bedin Glennan's tent and a fuse attachedwhich was ignited from the outside

F3"

presumably from a cigarette. H. C.oo000CiiO00000000 O00000000000000,0-- 0 Smalley, Glennan's assistant, the onlywhite man in the vicinity, was led offafter his horse which had been stolenTHE COUNTY ACT IS KNOCKED OUT. The Act is entitled "An Act Providingfor the Organization and Government of

Counties and Districts, and the Man-agement and Control of Public Works

away, and the telephone wires leadingto the camp had also been cut justprior to the commission of the crime.

The full particulars of the crime weresent in a, private letter to Mrs. Dr. W.G. Rogers from her brother, H. C.

out by counsel as being, according to' .:aaat:,Z. Act relating to taxation could cover boththeir contention, void or Territorial and county taxation. Wheth-othe- r.whole or in part for one reason or an- - !i er an act relating to Territorial govern-han- dWithout professing on the one ment could properly cover county gov-t- oto 'enumerate fully on the other t or an act relating to Tern- -confine ourselves strictly to the pro- - foment, could .properly coverreasons advanced . by . them m each in- - .. ,r ..county taxation might be a question

tSf bVanch goTthe cJse of illus" although under an act which accordingSated he fowlS Snt of t0 itS le related to state and county

! (Continued from page 1.)So much of Act 31, Laws of 1903,

known as the County Act, as providesnew; features in Territorial taxation notincidental to county organization orgovernment, is void under the provisionof Section 45 of theOrganie' Act, "thateach law shall embrace but one subject,which shall be expressed in its title.'

Said void portion is sucii an essentialfeature., as to .vitiate the whole Act. .

Smalley, who with Glennan was incharge of the work, and who was the Sold in the bottle by all dealers.o?

9first man at his side after the tragedy.B. B. O'Shaughnessy, the engineer in In case lots direct from the brewerycharge of the work, arrived on the Si ?9arguments

: 1 hat certain provisions areberia yesterday only to hear of thevoid or ineffective in whole or in part

O0000-000000000- 'on municipal revenues, the SupremeCourt of Tennessee held not only thatsection but the entire act void. SeeBugher vs. Prescott, 23 Fed. 20, - But

crime. He was much grieved over thenews as Mr. Glennan was one of his

because ,they are made to depend uponlaws which were assumed to be still inforce but which had in fact been re- -

OPINION OF JTHE COURT BY FREAR, C.J.This is an appeal from a decree dis-

missing, a... petition ..fora writ . of quowarrqnto brought by the Territory for

an act relating to county taxation or most valuable sassistants. had to walk home after having menout for about fifteen minutes huntingfor him, otherwise I would have been

"Mr. Glennan was first employed ini comy gov ernmem coum not cover ler-sho-455,- - relating to contested asContelt, "i"al .taxation. No doubt a numberby In re Election ante);

MR. EMMELUTH IS

FOR EXTRA SESSIONthe purpose of inquiring by what au-thority seven named respondents claim the survey of the canyon at the Maka at home when it happened., ul JI UV1S1UI15 III IH13 CUU1U UC SUS- - weli river," said Mr. O'Shaughnessy,to hold office as Supervisors of the or .uecauM mey purport y taiW not nart, nf th. Trritnrial I tried all night to hit upon someCounty of Oahu.. The real object ol rtam county or 1 erritorial omccrs ; q y incidental to "which was very dangerous work and theory which would hold water and

explain the cause of explosion, disrethe nroceedinsr is to test the validity of Powers ana auties wnicii were assumeuto-- have been in certain other officers, J county government although they relateless to what previouslyu 1 k t:i. more or wereAct 31 of the Laws of- 1003, known as garding the suspicion of foul play, weI parts of the Territorial system of taxa- -

which four, or five white men had al-ready vacated. He was a thoroughlygood and reliable man, and .was pro-moted until he got charge of this ex- -

had received a tin of oil a few daysed by the Organic Act or whos duties

Honolulu, Jan. 13, 1904.Editor Advertiser: The county bill

that was, is not, and the question,arises, "What are we going to do aboutit?"

t.j u t j u.. ?t. Ition. An act relating to counties ere-- before and I thought it might haven a v'k,, w'ated m a fully organized Territory with been placed under the tent for safekeeping and the place set on fire byrl :a centralized government would natural- - tension He was also of good habitsthe County Act, most of the provisionsof which were to take effect by its terms

n January 4, 1904.'. Tf the Act is void, the respondents do

not lawfully hold the offices which theyclaim to hoFci solely under that Act.

No question has been raised by therespondents as to procedure or jurisdic-tion, but on the contrary . they seem

Mr. G. overturning a lamp which heufmajly burned at night, but I foui.d394, which purport to transfer to other

ly a.nd Propably necessarily contain some , and character, and his death will be aofficers the powers and duties of the i Lyi!LnS- - .?u f .demarcatT ' heavy'bW to his father and mother at the oil uninjured in another placeM- -mister - of the Interior relating to - cum. imiisicis. . . . ivuum. nave. in,im;niliu ue maue Redwood City," California. He was 32 had a number of theories, but when

morning came and I found the fusemedicine, surgery, pharmacy, dentistry;-

clus,on' amendment or repeal so far as years of age and unmarried."jand orisons) --or becaue they relate and other damning proofs of theengineer u snaugnnessy aemes tneequally desirous with the petitioner to V: to necessary for the purposes of providing1

have the case decided on the merits. fre !!'riaS,, for the organization and government of diabolical cunning which had been disstatement, appearing in the Bulletin,t . . . . i i mi rr t r f . iirnviiinn tT inp i jro-a- n r . " played, I could no longer doubt thatine arguments against tne vaiiaity ot , iC u 1 -- 1 Z. r counties. But this Act goes much fur- - ;Llldt. CdV,U IcL W SlltXXX ItlUl UUl VUC . .1. . . 1. Ti 1 e , that he had predicted the death of Mr.'the Act are in general as follows which I had feared. I set trustworthycKIom i,,Vi, cK,11 K .vnr(.J ; :.e i..uuii uiis. xi proviaes ior mosi guards and not a soul was allowed neartitV fnr nVtanrP Winn, rw t imPrtant changes 'in the system of Ter-- Glennan before the completion of the the tent until Mr. Rankin and Mr,.0, .q-- , . --r. ritonal taxation, and that. too. with work on which the latter was eneaered.1. That theAct-wa- s never passed by

the House of Representatives as requiredby the provision in Section 46 of theOrganic Act, that in order to become alaw the final passage of a bill in each

Wes,ton arrived at 9 o'clock. They careritorial Board of Pnhlic Institution,, a . nothing in the title of the Act to mdi- - . Mr. states that he has fully examined all that was to be seenv.aic nus. 1 never saia anytmng or ine sore anaWhat is the result? The provisions objects to being put in.,a false position and at 1:30 two police officers arrivcdJ

shown in Dole vs. Cooper, ante) ; or be-cause of two or more of the foregoingreasons (as, for instance, Sections 305--

who said that the sheriff was not coinhouse shall be by a majority vote of all l relating to county and territorial taxa- - in regard to an event he had no reasontion, covering nearly a fourth of the' to anticipate and which he has every ing up and had sent them to look at the401, 495, 496-50-1, which place the Ter- -

Immediately after the general elec-tion in 1900 the Home Rule ExecutiveCommittee proposed, in the public in-terest, that the several parties repre-sented in the campaign just closed,should appoint members of a committeeto draft a county bill for presentationto the legislature.

Their kind intentions were at thattime ignored, from motives which It isunnecessary now to discuss, but is itnot time, in that same "public inter-est." to determine the best means ofmeeting the requirements of the situa-tion and to honestly face the conditionsbrought about by the annexation ofthese islands to the United States?

In the States and Territories of theUnion "county" government is an In-expensive, as well as simple means offormulating and administering laws forthe governance of those residing in thecounty.

The poorest man, having the qualifi-cations" to commend him to the elector-ate, is on an equal footing with hiswealthier brother In seeking office"Bonds" are given by those actuallyhandling cash, provision is made formalfeasance In office and its punish-ment and that is all the check required

scene and have evidence and witnessesritorial nenitentiarv in thp rontrnl of entire Act, are interwoven, and were in- - ; occasion to deplore. brought down. We then took the pa-pers and ditch records and stored themthe Territorial Board of Public Institu- -

to be parts of a general scheme, i Mr-- O'Shaughnessy further statestions and provide for a transfer oftIf the Part relating to county taxation : that Glennan's principal trouble was in my tent and I rounded up the witpowers and duties from the Minister of j would have to tail with the part relating. in Keeping rascaiiy Japanese gamDiers

to Territorial taxation, the counties fnd worse from the camp and had thusthe Interior not to go into the question nesses and started them down. Halfway down we met another officer whowhether the ;ii?iiert of a Territorial 'themselves would be without the greater incurred ineir enmity, xnese japs, air. said that Mr. Coney and Mr. Rice wereiteait :a i : portion of their contemnlafpd mnt nf O'Shaughnessy says, are a differentLTVllIlVllLiCll J ,1LJVII VVUiU IJIKJITIIJ LC 1 1 ' 1 " ' '- " " half way up on another road. Mr.suDsisience ana tne entire act would tuIM '" "iu"" x ijibuwuuh

the members to which such house is en-titled, taken by ayes and noes and en-tered on the journal, in that, as con-tended, --Jhe House journal shows thatthe finaE action in that body was theadoption of the report of the conferencecommittee which recommended certainamendments and does not show that thebill as s6 amended was passed at all bythe House.

2. That the Act makes the CountyBoard of Supervisors an elective body,contrary to the provision in Section 80of the Organic Act, fBat the Governorshall appoint, with the advice and con-sent of the Senate, certain specified offi--cers and boards and "any other boardsof a public character that may be create '

Weston and myself hurried back andfouncTthe sheriff and deputy there.

nef.-.ari- y fau jf tj,e part re-- ana are vagabonds in many instances.lai;ng'..to Territorial taxation could, THE DETAILED STORY.

eluded in the Act or how far the mat-ters of prisons, criminal procedure, se:i-tenc- es,

etc., in general might be affect'?'!by the failure of the provisions in ques-tion) ; or because they purport to alter

After giving them all the informationbe separated from the part relating1. The following is the account writtento county taxation, then, if the Vatt "VfT firriQ 1 loxr rf f Vi murmur nnd Viwe possessed I went with them to Camp35 and pointed out two men who, It

laws that cannot be altered at all by the res,r 01 tn,e Act. coma stand, it would be events following it seemed to me, from circumstanceswhich I explained to the sheriff, mightTerritorial Legislature, the power to ! oniy ?n me meory tnar, as to l erntonal "On last Friday evening Mr. Glennan

alter which is reserved exclusively to j taxation, previously existing laws would was most foully murdered while in bed reasonably be suspected of having someCongress by the Organic Act (as, for ; remain in iorce. mere would then be asleep by being blown up by dynamite,instance, Sections 171-17- 2, 450-45-1, re-- fwo. systems of taxation, each complete placed under his bed and ignited by a

knowledge of the affair. These twomen were arrested the following day. on the remaining officers.by law. I 1 ' a ! .1 1 f 1 1 " i ITT itSlt WltVl tlVft CrftC r( ffCimrc- - i tt A i j . t. r I 3 . eiTliaf thr Art Territorial lallns 10 lnc sciiiemeiu ui uounuanes : 1 - " " 0 iuse iraumg " " lroni me uuisiub uicreates a . , . . oiWr marhmprv fmm Ktm .v. m.. , , .v.i i3 Whether some evidence has appearedagainst them I do not know.

The course that appeals to me as the'most consistent to be pursued, is fo

the Governor to call the legislature in--', aim me rciuriis. caiivais anu ccriincaies . - j - uuuu"'. iuc iciil. aiic resuu wtis nuniuie uKAOi-ii- - r t (nin h7itAti rAncictiniT -- t tharcT election in the case of Territorial ' wun autie expenses, two returns, as-- the extreme. He was thrown to theAuditor of the "The coroner's jury this morning returned a verdict that death was caused extra session for the purpose of mak-ing. Territorial appropriations covering:by an explosion of dynamite placed unSecretary,. Territory, not appointed by the Gov-ernor, with the consent of the Senate,

at all .as to one of its members, theSecretary, nor appointed by him as

Senators and Representatives not to ! sessments, etc., to be made in the case other side of the tent, which was aconsider whether the latter subject could eac!1 tax-paye- r, the possibility of two total wreck. His left thigh was crush-proper- ly

be included in a county act at ' valuations by different assessors or ed and he was otherwise mangled. Iall); or because they --.violate provisions boards and two appeals, etc., in each in- - arrived in about three or four minutes

the remaloder of the biennial periodder his bed and Ignited by a personor persons unknown.

j . . .. of the Organic Act or other Acts . of &1""-- clc- - etc.. ine .territory wcjuld from an adjoining camp where I had "The motive- - was revenge and in myand also to frame and pass a law pro-viding for the election of a commissionfrom the several representative dis-tricts In ratio to their representation.ontrn?n,JS & of ' Congress relating to the Territories pro- -

' also have, to collect most of the taxes as gone to give orders for the next day'smembers, bection legislation in K nxed by previous laws, sufficient perhaps work, and carried him from the burnopinion the guilty parties will soon bebrought to justice."hihitirnr snecial rejrard tothe Organic Act the election to take place within sixtyMr. Smalley writes further that thecounties, as, for instance, the proviso to support the entire government as it ing tent, when the cook helped carry

of Section I relating to the County of was previously, notwithstanding that the him to my room. I then sent the Jap3Kalawao, and Section 14 relating to the ) Sreater part of the expense were to be to put out the fire and save the valu- -Supervisors of the County of Oahu. j hereafter borne by the counties. The able records. They were'-afrat- of fur- -

camp is to be changed but he proposesto stay with the work until the end.

4. That the Act requires the transferto the counties, to be controlled by vari-ous elected county officials, of muchpublic property that was ceded bv the

days after passage of the act and thecommission to frame a county govern-ment bill together with a set of amend-ments to our present law to make same

Mr. Glennan carried an Insurancepolicy for $2000 oh his life.But we will assume for the purposes cuuuucs .WUU1Q. a nave to collect the tner explosions rrom explosives Known

tiiic-.ra- rrZ' "T,a; all curb nro- - . rate which this Act purports to au- - or suspected to have been left in theKepublic of Hawaii to the United btates 4- - conform thereto, for presentation to thenext legislature.visions are Valid and effective, except so horize. The people would then be taxed burning tent, so I left him for a few KH,0 VOIII Tjfar as held otherwise in the cases above much more heavily than was contem- - minutes until the fire had been extin-- 1 M4"-Ur- t

1

BE WILLING TO RUN AGAINand was by Section 91 of the OrganicAct placed by the United States in thepossession of, the Territory of Hawaii",to be controlled, as contended, by vari

mentioned or else that if invalid or P'ated or is necessary. In view of the guished and I could thus reach the tele-ineffecti-they may, important though : exte.nf to which the intention of the phone to summon help,

some of them are all fall without caus- - Legislature would be frustrated and in- - "I could get no answer by "phone, andous appointive 1 erntonal officials, until the Act as a whole to fall. convenience ana narasnip would result as ne was unconscious ana nis pngniotherw I in case the rest of the Act were allowed was desperate, and the five Japs re--ise provided for by Congress or"for the uses and purposes of the L There is, however, one subject that,taken to stand without the part relating to fused to make the trip, being panicUnited btates by direction of the Presi-- i our opinion, is improperly inuuueu m wrPc in Territorial ttinn ,V stricken. I rod th two miles to theient or of the Governor of' Hawaii." the Act, without" the provisions in re-- t . suonoSed that thP Wit',, tool house telephone, to eet the doc--. . . - -- - - I J x . V 1 It. a 1 J tor. He told me to bring him to Wai

I see by the evening papers that theGovernor is in favor of a commissionbut Of only three members and theyto be appointed. I doubt If the Gov-ernor hs the right to make such ap-pointments in the absence of legislationto that end.

Any partisan commission would meananother appeal to prejudice at the bal-lot box next November. It is about upto the voters of this Territory to de-termine what is best for them and It isthe duty of the Governor and Legisla-ture to pave the way for the oppor-tunity by creating an elective commis-sion.

For County Government.JOHN EMMELUTH.

TO PREVENT CROUP, begin In

5. -- 1 hat the Act practically abolishes Jra 10 wnicn n cannoi uc presmmcu woud have passed the rest of the Act inthe offices of Superintendent of Public that the Legislature would have passed hs sent shape For the court t sus.Works and High Sheriff by transferring the rest of the Act. Tnat is the subject .tain the resf.of the Act under the cirjmost of their powers and duties to other of Territorial taxation the very means cumstances w0uld be to assume legis.officers, contrary to Section 75 of the j ulon which the Territorial government j ti power.

(Continued from page 1.)

that after that time the coasts wouldbe in darkness, and the Federal Gov-ernment would then be responsible forany wrecks that might occur. Thedelegate was told thatHawaii was ona par with Porto Rico and the Philip-pines in this respect. The delegateexplained that Hawaii was a. territory,and after a display of data convincedthe officials having the matter in hand,that Hawaii, in its political status, wasunlike Porto Rico and the Philippines.Upon this showing the control of the

organic nci(n.u ' wwi u ere "ZriZr. " "7 Ji" " -- t:l. We fullv realize that, as we have heldof Public . ai ine lerruoriai rsoara 01 xz.uua.nzn- - . . ' V ; .shall be a Superintendenttion might properly be constituted as it m tne past, me organic provision relatingis in terms by this Act, notwithstanding to tul,es of laws should be liberally con--the provisions of Section 80 of the Or- - struea, f"urulc. court snouia sustain an

"Works, who shall have" certain enumer-ated powers and duties, and Section 79which contains a similar provision inTegard t(5 the High Sheriff.

6. ' That the whole Act is void be--

mea If he still lived and I got the headluna to send a spring-wago- n to thetrail he would be carried out by. Imade the round trip of four miles ofdangerous trail in forty minutes, but hebreathed his last just as I returned,having never fully regained conscious-ness. When I first picked him up, hesaid, 'Where amir and to the bestof my belief was almost rational atthat moment. I remained there untildaylight when I had a litter made andthe remains carried out to the wagonroad and taken by wagon to Maka-wel- L

"I found that morning that the tele-phone line had been broken about 300

game Act Still the subject of Terri- - a of the Legislature, if possible. Butis one that like the sub-- the superior law must control in a cleartorinl

iect of the Territorial Board of Public case of conflict. The court cannot, nor---cause it contains two subjects, one m ;: Institutions inrlnl in can a large majority any more than acannot De theandrelation one -to county government thV T over- -in relation to Territorial .works and Act, in view of the provisions of Section f.ulI,i muchcontended, ; 4o ot tne Organic Act relating to titles organic however, anyinstitutions and because, as particular law or form of law may bef of laws

Hawaiian lighthouses was taken over.t

Irian NatiaoaUat Bere.P. O'Brien, an Irish Xationalist of

Brooklyn, prominently identified withRepublican politics in that city, arrivedon the Siberia yesterday and registen-e- d

at the Young HoteL Mr. O'Brienis one of the leaders of the Irish ele-ment of the Republican party in

the title of the Act is likewise corres- - ' desired.The Act makes radira! rbano-f- inpondingly double, in contravention ofsvstem of Territorial tavation Tt mav I In our opinion the Act in question is yards from the tent. It showed signsSection 45 of the Organic Act, which . -

-- vvravides "that each law shall embrace ! almost be said to provide a new system,i void, the respondents are not entitled of having been tampered with, and as

-- T&K-one snbiect which shall be expressed j Among other things, it provides ior the to the offices which they claim, the x had used the line at 8:15 p. m. and

time. The first symptom is hoarseness;this Is- - soon followed by a peculiarrough cough, which i3 easily recognizedand will never be forgotten by one whohas heard it. The time to act is whenthe child first becomes hoarse. IfChamberlain's Cough Remedy is freelygiven, all tendency to croup will soondisappear. Even after the croupycough has developed, it will prevent theattack. There is no danger In givingthis remedy as it contains nothing In-jurious. It always cures and curesquickly. Benson, Smith & Co., Ltd.,Wholesale Agents, sell it.

New Year's Advertiser ready for mafing at 5c each to be had at the office.

Mrs. Omsted had tried to ring me at.Brooklyn, and assisted largely in the

anits title j equalization or valuations ot real prop- - aiu'--among the several counties, far "appropriate decree Jn conformity with7- - That so many and such important , erty asportions of the Act are void and in-- as regards the Territorial tax, by a this opraon may be entered m this

purely Terntonal Board. This board court. .effective that none of it can stand.We will assume for the purposes of .also is required to determine the rate' J- - A. ilatthewman and C. R. Hemen-thi- s

of the Territorial tax both real and ay, for the petitioner,case that the first six of these argu- - upon ,ments are unsound, and base our deci- - 1 personal property, and in case of its i Kinney, McClanahan & Cooper and S.

-- sion on the seventh alone.' (failure to do so, the rate is fixed at H. Derby, counsel in another case, ar- -

8:30 and Mr. Baldwin had tried to getGlennan at 9 p. m., the explosion takingplace at 9:30, there seems to me to beconclusive proof that it was cut be-tween 8:15 and 9, even granting thatMrs. O.'s ring was all right, but notnoticed by Glennan.

'My horse mysteriously disappearedfrom Camp 33 ..while I was there, so I

campaign which elected Rooseveltgovernor of Tew York.

Mr. O'Brien participated in the Fe-nian raid on Canada in 1870.

He has written several poems,among them being "Roosevelt's Chargea San Juan Hill, "The BattleshipMai ne," and "Dewey, the Hero."In support of this argument a number

five mills on the dollar. Sections ISO, gued on the same side, Dy permission,.nf nrovisions in the Act were pointed 321, 222- - A. S. Hartwell, for the respondents.. f

THE PACIFIC COMMERCIAL 'ADVERTISER, JIONOLULU, JANUARY 14, 1904.

f agreement to deal only with; legislation before a special

countysession DistressTHE PACIFICCOMMERCIAL ADVERTISER

The Pacific Hardware Co., Ltd.CORNER FORT AND MERCHANT STREETS.

WALTER G. SMITH .: ; : : .. : : : EDITOR.

THURSDAY, : : : : : JANUARY 14 THE TTEWSPECIAL FOR YEARCommencing .

MONDAY, JANUARY 4TH,'

We will sell

PRESSEDLASS100 D

THE NEXT STEPS. j -J The unanimous decision of the Supreme Court declaring the

County Act invalid, devolves important responsibilities upon the

Governor and the people. So many perplexities appear that it isnecessary to go slow ait determining what is best to do. Governor

Carter fully realizes this, and has called a conference of leading

citizens to meet this morning to consider the outlook a method

resembling the recourse to the "elder statesmen" in Japan, and al-

together admirable "in its assurance of calm deliberation and a sat-

isfactory procedure afterwards., Two or three conclusions seem to be clear already to many cit-

izens, friends as well as opponents of the County bill ;

Toin tilersozen Q

V

at

Gtsj Regular price,

(i') The communitv cannot afford to have and does not .want

the present Legislature to beTin rn blip faith in its inteeritv1H - a - jbe kept to one subject nor to athe Legislature would insist onCounty bill and thirty, days toan cvnpntp nf not less than Sl.OOO Oer dav. There is no assurance1

-

that a second County measure. . a 14- - i;i-K- r"1U1C uwucul ' M 1L

so modified as to render them 01 Uttie value as a saieguara. vcr'

ma.nAlr.rrc lirnllll ho OC htfrrp thp trail Cttr tllP fTatter.fiuuif,s nuu.u iv., v..v.v.,"- -Y2V The annulment of the' County Act-- does not make it im- -

I Are sm ' ' :-- - ff You Waiting? fl.perative that the Legislature should convene and make new appro- -priations. To arm against contingencies such as the failure of a,Legislature to provide tor the

ic Act empowers the Treasurer of the Territory, "with the advice ofthe Governor, to meet such obligations from the public funds asmay have been authorized by the last previous appropriation bills.

iV INCANDESCENT ELECTRIC LAMPS are almost in- -dispensable in the home and the cost now is very low.

JJon t delay availing yourself of the convenience andoffered.

HAWAIIAN ELECTRIC Co., Ltd.j umce Jtung near Aiasea, .fnone Main 390. .

Thus, where the Legislature of 1902-- 3 deprived the Territory ofcertain appropriations which were passed over for County enact- -'tnent, and which the annulment of the County law again makes nec-essary, the appropriations made by. the Legislature of i960 apply.In brief Hawaii goes directly back to the void form of governmentestablished by Congress and to the appropriations made by !thefirst Legislature which were not continued by the second. So therewill be no "chaos" and no hiatus; simply an orderly and safe rever-sion to first principles. Meanwhile every official chosen under the

' County: Government ActV ceases his functions, his election beingvoid by virtue of the illegality of the Act under which the County

, election was called and held. '

What not to do seems clear enough ! What to do is somethingthat may be safely left to the Governor and his veteran advisers.

o f ,;"'V-'- '

eronly

a Ejoze50 cents a dozen.

; -

Will sell thebalance of his

HOLIDAY STOCKat a- - o

GREAT SACRIFICE1 120 Nuuanu Just Above Hotel.

HoDO'ulu MuiDal BurialAssooat on

J. II. TOWNSEND, Secretary.Office with the Townsend Undertak-

ing Co. 124 Beretania Street.

J$fier EatingNausea between meals, belching, vom-iting, flatulence, fits of nervous head-ache, pain iu the stomach, arts all6ymptoms of dyspepsia, and the longerit is neglected the harder it is to cure it.Hood's Sarsaparilla

and PillsRadically and permanently cure itstrengthen and tone the stomach andother digestive orgadfe for the naturalperformance of their functions.

- Accept no substitute for Hood'c"I bad dyspepsia twenty-fir- e years anr"

took different medicines but got no helpuntil I began taking Hood's Sarsapari.la.Have taken four bottles of this medicineand can now eat almost anything, sleepwell, have no crampa in my stomach, noburning and no distress." Mas. WilliamG. Babreti, 14 Olney St., Providence, B. I.

Hood's SarsapariUa promises toeuro and keeps the promise.

FreshVegetableSeeds

IN

5ct. Packages

Just Received

CompleteAssortment

flollister Dri Co;FORT STREET.

THINGS WILL GO WRONG;WHY LEAVE THEM SO?

Better right them now. Alittle . JLooKing; into v - on yourown account; not taking toomuch for granted, will workwonders. Start the year, bysupplying your table , with solidsilver. It is cheap now, but maynot be so very long, as silver issteadily rising in price.

We.are selling at the old priceand will continue . to do so, forsome time, and as that price isas low ag the lowest catalogueprice from the States, it will payyou to make your purchases now,and right at home. Take ourprice list and compare it at yourleisure, we know the result.Many patterns to select fromand no remittance with order.

F. Wichman & Co, Ltd.Jewelers and Opticians.

Fort Street. or

OAN5!Made on

Improved Real EstateRepaid in Monthly Instalments

For particulars see

PMHiH

Assoeiatisn,

Judd Building, Honolulu.

Guarantee Capital against loss.$ 200,000

Subscribed Capital.- -. ........... 8,500.000Paid-u- p Capital ................ 1,000,000

R. CAMPBELL, Cashier.

' H. E. POCOCK, General Agent.

J. FV Morgan, President; C: J. Campbell, Vice-Preside- nt; J. L. Mc-Lean. Secretary; A. F. Clark, Treasurer; N. E. Gedge, Auditor; W. H.Hoogs, Manager. ,

SZ-u.sta.ce-cc-ns Co., XjtdL.

WHOLESALE AND RETAIL DEALERS INFirewood, Stove, Steam, Blacksmith's Coa!

Also Black and White Sand. Telephone Main 295.Special Attention Given to Draying.

upsets :nutritiithe bioagainstBia, Tlnerves rtion, b! ,ate afhand butry it.

STO

Fol

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t1i ri

i&

OF

should be called-Representativ- eAylett; thought tha

the twenty-thre- e Republicans wouldbind themselves to pass a County biiland then quit. He did not b?iieve theold appropriations could be made to doduty. The idea of a special sessionwith a written agr?ement to consideronly the County bill seems to have beenquite generally, discussed - among themembers of the Legislature".- -

Senator Brown intends to leave thismorning on the Siberia- - for Japan sothe benefit of his counsel will be, lostto the Senate. He is, the only lawyerin the upper house.

It seems to be the general opinionthat if a special session is called anda new law passed, a new election willbe necessary. Another, view is that thelegislature can validate the election al-ready held under the County Act.

The collection of taxes is not inter-fered with, provided officers can be ob-tained who will carry out the law withtheir salaries a matter of uncertainty.It is said that Treasurer ISepoikai isconsidering the appointment of CurtisIaukea as tax assessor to fill the va!cancy in the Oahu office.

The merchandise tax is jjau, whichwill save the Merchants Association

' the necessity of testing it. Other li- -' cens,ea are also knocked "out". The in- -

icijv c.ciiiiiju is iuwerea again, to $1,000 instead of raised to $;soo asSJcofiected bncTaeansteof

; in June and November as provided in- the County Act.

The Territoriai Board of institutionwas long- - ago knocked out and with theSupervisors out of existence the Super- -intendent of Public Works again as

i sumes his old duties.I - .j judge Dickey again becomes firstjudge and Judge Lindsay will take hisold place. Vida will no longer be ableto hold office as roa1 supert.isor as itis an office of the Territory and he asa member of the Legislature cannothoid the job

The famous hack clause which it wasbelieved would involve Hawaii in trou-ble with Japan is also a thing of thepast. . ' )VIEWS OF A

LEADING CITIZEN

"I have had conversations today witha number of leading ' members of thebar," said W. R. Castle yesterday,"and the impression seems to be thatit is possible to get over, the financialdifficulty engendered by the county actdecision, by the operation of the. Or-ganic Act, which makes provision incases of failure of the legislature to 'appropriable, the appropriations of thelast preceding legislature can be used.The six months bill passed by the ",present legislature would be a guide inthis way. The passage of the eighteenmonths bill is taken as an indicationthat the legislature intended to providemeans for carrying on the government

"The gravest danger in my opinion iswith tne criminal law, , Suppose theSupervisors appeal to the SupremeCourt at Washington and in the meantime- - rne county omcers continue incontrol. The police make arrests, andthe courts try and convict them andthey would be condemned.

"Suppose that these condemned menapply to the Supreme Court for a writof habeas corpus on the ground thatthe county officers had no right tomake arrests, their contention must beupheld upon today's ruling that thecounty act is void, and they would bereleased. There would be a regularjail delivery.

Take the other side. Suppose thereis no appeal and the Supervisors ac-quiesce in the decision, and the Tei-ri-tori-

officers resume their duties.They make prisoners and they are con-victed and condemned. Then the con-victed man goes to Washington on anappeal on the constitutional groundthat he has been arrested and convict-ed by some ore not authorized to doso. Then if the Supreme Court holdsthe act to be valid chaos will resultand there would be another jail de-livery. The criminal side of the lawappeals to me a3 the serious one and itmay make a great deal of trouble.

"One thing is certain no one wantsanother session of the legislature.Everyone I have talked with today isopposed to such a thing."

OLD SHERIFFSARE RECALLED

Acting under instructions from Sec-retary Atkinson, High Sheriff Brownyesterday afternoon sent wireless mes-sages to all the former sheriffs and dep-uty sheriffs in office before the CountyAct displaced them, instructing them toagain take over their offices and re-port to him as before.

Governor Carter gave orders, .shortlyafter the Supreme Court decision wasfiled, for High Sheriff Brown to assumehis former powers, taking charge of allTerritorial and "county" prisoners, andreappointing deputy sheriffs. The mat-ter was brought up at a conference ofGovernor Carter and Secretary Atkinson with United States District Attor-ney Breckons, W. O. Smitli and L. A.Thurston. It was decided by the Gov-ernor that the Territory must imme-diately assiyne jurisdiction in all policematters, involving the proper guardingof prisoners, so as to prevent jail de-liveries.

The High Sheriff's messages went toSheriffs Andrews at Hilo, Baldwin atMaui and Coney at Kauai. This orderwill release "Sheriff" Bill White ofMaui, and "Sheriffs" Keolanui and Ka-mauo- ha

of West' Hawaii. It is believedthat in, these districts where "county jsheriffs" were elected, other than the Jformer incumbents, there will be trou- - jble in making the change.

Territorial Tax Assessor and Collec-tor Pratt also sent wireless messages

deputy collectors on the other isl-ands. He wired Treasuier Kepoikaiyesterday asking if he would rmt guar-antee the payment of the nww.rv t.ifblanks out of the treasury incident;".!.'

other funds so that the tax return-- "be ma!' this month.

r ew Year's Advert ser ready for mall- -at 5c each to be had -4 the office.

PEOPLE WHO KNOWrsay that when we paint a house it gives such good ? r(satisfaction and stays painted so long, that it; is ; Leconomy to have us do the work, even if the price ;;- - rdoes happen to be a little higher than some othersmay offer. .

S. STEPHENSON, THE PAINTER.

called into extra session There ' isor ability as a whole. It could not

minimum limit of time. Probablysitting sixty clays to consider a newconsider appropriations under it, at

. r--

would be. more valid than tne nrst orK-j- i- ,"tc hnnflintr clauses would be& ---- --

expenses 01 uovernment, tne vjrgd.ii- -

iltry going on, Kauai is the Red Light,island of the group. It needs a stronginfusion of law and wholesomeness toredeem its evil reputation. "

If the war correspondents don't findany fighting in the Orient, they mightreturn here. Hawaii generally hassomething doing.

To Oily Bill .White:' Scat!

PUBLIC OPINION ISAGAINST EXTRA SESSION

(Continued from page 1.)ton on the Korea Friday and push theHatch bill through Congress. Buteven this has its drawbacks as therewould be some delay and the possibil-itie- s

of failure in the end. An appealto the United States Supreme Courtis also suggested which would permitthe county governments to exist, al-though there would still be the diff-iculty of obtaining credit in the un-settled state of affairs.

If a special session is called the leg-islature will be at liberty to act as itpleases, and introduce bills of everyvariety, not to mention innumerableresolutions which some legislators arealready said to be preparing: for in-stance a vote of want of confidence inthe Supreme Court, and a few choiceones relative to the Governor and Ke-poik- ai.

Home Rulers who were talked withyesterday say they are willing to bindthemselves to pass the county bill andgo home when that is done.

W, O. Smith, chairman of the Re-publican Commissioii which framed theCounty . Act, said it was a good timenow "to stop and think." As the speed-iest remedy he suggested an immediateappeal to Congress which he consider-ed the surest method of settling thepresent difficulty. He did not believethe Supreme Court having held theCounty Act invalid in two different de-cisions, that the legislature could passa bill that would stand the test of thecourts in view of the limitations of theOrganic Act.

Chairman Crabbe, of the RepublicanExecutive Committee,; said the com-mittee would meet with the-- Governorthis morning. He thought that itwould require at least sixty days forthe Legislature to pass a new bill.

Curtis Iaukea, chairman of the HomeRule Committee, said the committeewas to hold its regular weekly meeting this afternoon at which the ques-tion would probably come up. He saidthat the committee passed a resolutioncondemning the Hatch mission, but hadafterwards reconsidered it, and waswilling to have the County Act endorsed by Congress.

Representative Andrade was of theopinion that anything would be betterthan a special session of the Legisla-ture.

Representative Jonah Kumalae, for-mer, Republican leader in the House,now a Home Ruler, said a special pes- -

bound to take up only the count v bill toor the appropriation bills, for which thGovernor would call them. He sailhe would sign such an agreement. "Itseems as if we are children and can't

a comity hi!!." said Kumalae. or' Kanr.Ka try it. no t in i canit. vow lt J;ipr.ne?e and Pake do it."rid a n.itivo poucemon w!w was stand- -jn? niir hv.

Representative Harris favored an ing

Byron Hot SpringsOnly 68 Miles From San Francisco on

Main Line Southern Pacific Co.MOST WOHOERFIil SPPJfcGS

IN AMERICA.HOT SALT, HOT, MUD AND SUL--

PHUR BATHS.Fine warm swimming tanks. Drink

ing waters of wonderful curative qualities. " Pronounced the best In Americafor Rheumatism. Gout, Sciatica andMalaria.

Thoroughly modern steam heated ho-tel as comfortable In Winter as Sum-mer.

Call at Advertiser Office for booklets,on Mr. J. EL Burkett, who kindly

allows the use of his name.Address, H. K. WARNER,

Manager.Byron Hot Springs, Contra Costa

County, CaL

n

8

f

- Si

r.

, THE WORK OF TEACHERS.

Th Advertiser is glad to ' see thatpublic interest in the school questionkeeps up. In .. . another column weprint a strong letter from Mr. E. D.Stone withbut, however, concurring in

"Ills' criticisms of the Superintendent ofJPublic. Instruction who, like other'suc-ssf- ul

men, may pursue an avocationwithout harm to his vocation or to hispublic Usefulness under it. With thegenerai attitude of Mr. Stone, however,this paper has concurred m advanceand it welcomes his concrete illustra-tio- n,

of the fact that teachers have aneasy time,under our system as com-pared with the eight, ten and fourteenhours' a day people, who constitute the

. majority of those who labor. PerhapsMr. Stone credits the teachers with toolittle work when he times the dailytask, Saturdays and Sundays excluded,at only four hours. The correction ofpapers prepared by school childrentakes considerable time, in spite of thefact that some of this work is notaccurately done. It is open to debatewhether so many papers are needed,particularly in view of the practice ofsending small girls home to investigateand write upon .De Sotor Savonarola,John Milton and the Chinese question.Such papers as these youngsters mustprepare are millstones about the neck,f primary education, though wherethey are required considerable work issupposed to fall on the teacher outsidethe four hour limitin reading and cor-recting them. Still, if we put theteachers actual hard work at five anda half hours daily, with a week of fivedays 'and a year minus 165 days, wemake out a case for Mr. Stone whichseems unanswerable.

:;

When the "Maru" steamers go offthe! trans-Pacif- ic route,' it will makea difference in the import business oflocal Japanese merchants. It is doubt-ful if the Pacific Mail and O. & O.liners, in the event of a Russian block-ade, would afford much if any relief.They might avoid Japan and do busi-ness with the treaty ports of Chinaand with Manila only. Among thepossibilities of war in the Orient is ascarcity of Japanese food products hereand a higher price for tea.

The legislative grafters were all onthe. street yesterday, smiling likesharks in the expectation of a deadhorse. They thought they scented anextra session.

,

Judge Dickey, the- Sunny Jim of theJudiciary, held on to his commissionto good purpose. Observe "the smilethat won't come off."

fiir,Wj rnhhoriHS and the lik on '

Kaua are notning unusual. With awhiskey ring, a gambling ring, a cor- - Irupt police force and all sorts of dev- - j

UTTER&

,

NEW SPRING CHURNING.Crystal Springs spring butter is now here, sweet as the clovertn" h aSndais' Jt will be the best part of breakfast,

. mmTel. Main 45 eiropolitan Meat Go., Tel. Main 45

LIMITED.--:-

you can obtain an up-to-d- ate office in the new ALEXANDER YOUNG BUILDING f f20 asfper month and upwards. The price includes hot and coldThe ew-firepr-

,f

warehouse back of .he Young liuiWintt'noStfe.ielevator, and storage room may be obtained cn application to the agents of the building

THE VON riAMM-yoUN- G CO, LTD.'

THE PACIFIC COMMERCIAL' ADVERTISER, HONOLULU, JANUARY 14,1904.I ...-..-- - r--

YARDLEVS COMPLIMENTS TO JACK ATKINSON. Bishop &Co., BankersO ESTABLISHED IN 1S58.

i ., :

o BANKING DEPARTMENT.o Transact business iu all departments

of banking.o o Collections carefully attended to.o 6 Exchange bought and sold.o o fcCommercial and Travelers Letters ofo o Credit issued on the Bank of Califor-

niao o and X. M. Rothschild & Sons,London.o v,ii -- si'onue.Tis: me jan or uau- -"Pit is the most exciting of all o fornia. Pommirrlal UiTiVinw Co. ofgames that have become popular Sydney, Ltd., London.o Oifads." o A I Drafts and cable transfers on China

Boston Herald. and Japan through the Hongkong andFor sale by-- o o o Shanghai Banking Corporation ando o Chartered Bank of India, Australia axd

China,oooolPrr oooo

oooo

ooo

f

o9o9

Interest allowed on term deposits atthe following rate, per annum, viz:

Seven days' notice, at 2 per cent.Three months, at 3 per cent.Six months, at per cent.Twelve months, at 4 per cent.

- TRUST DEPARTMENT.Act as Trustees under mortgages.Manage estates, real and personal. .Collect rents and dividends.Valuable papers, wills, bonds, etc,

received for safe keeping.ACCOUNT DEPARTMENT.

Auditors for corporation-- and pri-vate firms.

Books examined and reported on.Statements of affairs prepared.Trustees on bankrupt or insolvent

estates. JtOffice, 924 Bethel street.SAVINGS DEPARTMENT.Deposits received and interest allow-

ed at 44 per cent per annum. In ac-cordance with rules and regulations,copies of which may be obtained onapplication. .INSURANCE DEPARTMENT

Agents for FIRE. MARINE, LIFE.ACCIDENT, and EMPLOYES' LIA-BILITY INSURANCE COMPANIES.

Insurance Office, 924 Bethel Street.

1

f - yr

9oo6o

9o6

-- 000000K00-0

THE SCHOOL QUESTION

K0000

HonblQln People Are Respect-foll- y

Asked to Answer

These Qaestions.

Is there anything in the evidence ofone"S sensesr

Is there anything In the testimony ofone's friends? "f

Can reliance be placed upon state-ments from people we know?

Are the opinions of local citizens ofany greater moment than those ofstrangers?

Would you sooner believe people liv-ing in some far-aw- ay place than resi-dents of your own city?

We think not! for. home proof caneasily be investigated.

Mr. W. J. Maxwell of this town, Tru-ant officer, writes thus: "I sueffredwith a horrible pain in the small ofmy back (an almost invaraible symp-tom of kidney trouble) for a number ofyears. I was advised to take some ofDoan's Backache Kidney Pills, and fol-lowing the suggestion, I went to thoHollister Drug Co.'s store. Fort street,and got some of these. Having takenthem, they relieved me straight away,and are, I may say, the best and in factthe only cure for backache. I havementioned the virtue of this wonderfulremedy to several persons, amongwhom is my friend, Mr. Frank Metcalf,who found relief, and he is now a firmbeliever in Doan's Backache KidneyPills."

Doan's Backache Kidney Pills aresold by all chemists and storekeepersat 50 cents per box, six boxes $2.50, orwill be mailed on receipt of price bythe Hollister Drug Co., Honolulu,wholesale agents for the HawaiianIslands.

REAL ESTATETRANSACTIONS

HONOLULU, OAHU.Recorded Jan. 11, 1904.

Virginia Heally, t als. to A. G. dePasos, D. Realty Mokauea, Kalihi,5000 sq. ft.; $1.00. Dec. 7, 1903. I

Hu Poo" to fhang A. Chong, Rel.Realty at Auwaiolimu, 24-1- 00 acre;$2000.00. Jan. 9, 1904.

T. Ito to O. Shioda, c. m. Newspaperknown as "The Honolulu News" andprinting plant at 11S1 River St., $300.00.Dec. 4, 1903.

Chang A. Chong & wf. to Shiro Nis- -

nnnATrn talcum

i w. C,7 vVx-v-t-- -'

0000a0C -0-

we started at lessons at 8:30 a. m. andfinished, if we were not "kept in," at4 p. fn., with a cold lunch at noon. Aproposition like this would send thecold shivers down the back of someof our modern teachers, but would Ithave that effect on the parents? Tryus. ,

V , CD. STONE.

WHAT IS A COUGH?A spasmodic effort to expel the mucus

from the bronchial tubes. A cold causesa more abundant secretion of mucus,1and when the lungs and bronchial tubesare Inflamed, they are extremely sensi-- jtive to the Irritation. Unless care is!taken, the cold may result in pneu-- 1monia, which is swift and deadly. If jthe cold is a lingering one, the more'leisurely but equally fatal consumptionmay set in. . Do not neglect a cold orcough. Take Chamberlain's CoughRemedy. It always cures and curesquickly. Benson,- - Smith & Co., Ltd.,Wholesale Agents sell it.

Bt. Douglass.'Twas the night before Christmas,And all through the house,Not a creature was stirring,Not even a mouse.When mama awoke with a start and

a shake,And wondered why papaWhs so wide awake;Aci ambling and roaringSoon came to their earsA noise that would follow them,All through their years.For down near the bath roomThe water rushed out,And it caused poor papaAnd mama to shout. --"Oh, why did we make such a fearful

mistake;""Oh, John dear, I fear thatMy poor heart will break,Unless you will promiseThat tomorrow you'll callBath, the plumber, and have himGo over It all.And then no more leaks,For we know" that 'tis true,That folks always call BathWhen there's plumbing to do."

Phone 61.-

Half hourly cars up the Heights con-nect with Rapid Transit.t

New Year's Advertiser ready for mail-n- gat 5c each to be had at the office

IT

AA Positive

andRecommended

-

Other toiiet,

der. Trie

C ON count! ejure of pttinsrFOR SA- L- BT All. DRCCCISTR. ivtTAr nf ti A

Wall, Nichols CoLIMITED.

Th Worth ofthe floney

The Complete happiness and satisfactionthat is found in every box of HonoluluCandy Company's Candy makes theprice of it money well spentA 6-l-b. Box of PURE MIXED CANDY

for $1.00.A 6-l-b. Box of FRENCH MIXED

CANDY for $1.50. -A 5-l- b. Box' of FRENCH MARSH-- .

MALLOW DROPS for $1.50.

New Year's Cakes,Pies and Pastry.

New England BakeryHotel Street near Bethel.

HOMEPLEASURES

Have an added charm where allthe family enjoy the drinking f agood beer, t ,

It makes a prince drink and thereis new strength and vigor in everydrop.

Eafnler Bottling Works.AGENTS FOR HAWAII.

Phone White ,1331. P. O. Box 157

Fresh Fruits and Vegetables: AT :

C. Q. Yeo Hop & Co.

Received by the last steamer

Turnips, Naval Oranges, Cran-berries, Chestnuts, Oregon Ap-

ples, Frozen Oysters.We also have a fine line of HOLI-

DAY GOODS, FANCY CANDIES andBON BONS. TURKEYS and SUCK-LING PIGS.

Rahikinni MeatAND GROCERY.

Blue , 2511 TELEPHONE Blu 2511Corner Beretania and Alakea 3(s.

Barber's SuppliesRAZORS All kinds and sizes.STROPS The very latest styles.SHAVING SOAPS. SHAVING

STICKS, WITCH HAZEL, COLOCREAMS, TALC AND VIOLET POW-DERS, HAIR TONICS. BAY RUM.

LEWIS & CO., LTD.THE BIG GROCERS.

769 King St. The Lewers & CookeBldg. 240 2 Telephones 240.

E. RowePainting In all its branches. Paper-bangi- ng

and Decorating. King andAlaiea Streets. P. O. Box 293.

AH PAT & CO- -

193 South King, near Alakea.MERCHANT TAILORS.

Expert cutter, formerly with J. lTregloVn. Cleaning and repairing

'

Bpeclalty.

mi CBAMW AND D7EIN5 WOSSFort St.. OW"gr23ii

TTA.ve your

Tailoring. The renewingtag. Priee. W ltw.specialty.lot-I- n,? aphone White 88B.

oooo69o6

o

hi, mtg. Realty at Auwaiolimu, 24-1- 00acres; $450.00. 4 mon. at S per

cent. an. As additional security forpayment of $450.00 the mtgr assigns tomtge rents from bldgs on above prem-ises as follows: 1st, 2 months $65.00 amon. and $50.00 every month there-after till whole amount is'pd. Jan. 9,1904. . '

Charles E. Moore & wf. to Q. H. ;Ber-re- y,c. m. on machine shop, UnioHj St.;

$30000. 6 mon. at 1 per ce.nt per mon.Jan. 11, 1904.

Chang A. Chong & wf. to Hu Poo,mtg. Realty at Auwaiolimu, 24-1- 00acre; ?1600.00, 2 yrs. at 8 per cent. Jan.11, 1904.

Luke' Mon "Wan, assigned int. inSang Chong Lung Co. (butchers) andleasehold at Kalihi to Lee Sing .

M. J. Alexander, mtgee gives noticeof. intention to foreclose mtg and ofsale of land of Elizabeth K. Smith,mtgr. ,

C. Bolte, Tr. mtgee gives notice ofintention to foreclose mtg. and of Saleof land of M. F. Lucas, mtgr.

F. A. Schaefer, mtgee. gives notice ofintention to foreclose mtg. and of saleof land of T. Masnda, mtgr.

H. Renjes, mtgee gives notice of in-tention to foreclose mtg. and of saleof land in Honolulu of T. Masiida,mtgr. ,

H. Renjes. mtgee gives notice of in-tention to foreclose mtg. and of saleof land in Honolulu of T. Ozawa, mtgr.

Schumann Carriage Co., Ltd. givesnotice of intention to sell and of saleof 1100 shares of capital stock of Hono-lulu Stockyards Co., Ltd., of W. S.Withers.

EWA, OAHU.O. R. & L. Co. to Bishop of Zengma,

D lots 7 to IS, inclusive, blk 3S, PearlCity, $2,000. Dec. 30, '03. i

KAILUA, HAWAII.In the matter of the estate of Ng

Sun Akana, deceased, order of noticeof hearing petition for probate of willon Feb. 17, '04, at 10 a. m.

DISTRICT COURT.G. Akuna vs. Sang Chong Lung, asat.

$50.00 note.C. W. Booth vs. Ah Wai, Chee Kau,

alias Si Yuck and Wong Wa Kee, as.st.$175.00 rent and summary possession.

C. W. Ashford vs. Hon. Rapid Trans.& Land Co., Ltd., asst. $300.00 damage.

H. Hackfeld & Co., Ltd. vs. S. Shu-mamot- o,asst. $244.65 notes. Settled out

of court.Emil Keemmed vs. C. H.'WiHs, asst.

judg. for pltff, $32.70. Rent.

TONGS ?1C OH I,

VmEvery inch one pushes off beyond the

normal distance of twel