davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-07-26
REV. ID. =. BRINE.

Mr.. Brine finished his pastoral work
last Sunday and now returns to his
home in the Connecticut valley, from
which, and the hills overlooking it,
have come so many of the stalwarts
who have been the sappers and miners
of the army of civilization.
Mr.. Brine belongs to the younger
generation of religious teachers, who,
in the vitalized air of New England
culture, have found the pulpit plat
form not for speculations on creeds or
theologies, but for the enforcement of
the doctrine that the true cross of the
Redeemer is the sin and sorrow or the
world" and the mission OF the relig-
ious teacher Is not to preach about 1t,
but TO change the conditions of life
through a knowledge Of the world It,
self, and not through idle speculations.
Among many things he has done Is
his valuable and far-reaching work
among young men. He Is one OF those
who, recognizing the fact that young
men are a stronger agency In control
ling human events than the older men,
with their fixed habits, and especially
when handicapped with burden
NJ gold. one of the heaviest OF metals.
Our battles with Spain are fought by
men who are, as rule, under thirty
wears of age. For other, but equaiiy
strong reasons the spiritual battles OF
tho world must be fought by the
younger men. c,u,
In establishing the Research Ciup,
for Young men, Mr. Birnie recoghizeu
the declaration of Carlyle that never
III, now did young men take such
command in human affairs IL Is no
rival of the Y. NJ. c. A., but distinct
branch of the general service In bulia-
ing IN a singularly complex socia,
structure out of the dinereht anu
rocialIy antagonistic material mere
Mr. Dirnie's work has been III u
email community, divided by dehohi'h-
o.io,ol lines by bitter political diner
ences, and, II must NC s"'"'
dark shadow of material prosperity
park shadow" We say II there Is
truth in the Bible, or in the words Oh
wise men, expressed in many ways
that prosperity destroys fools and en-
dangers the WISE" or that prosperity
10 a stronger trial of virtue than ad-
versity' ,
We have a prosperity, taken as a
whole. that is far beyond that OF any
nation OF the globe; prosperity tha'
nuts daily before young men spec
tac,e of sudden riches, and large In
come, that is disturbing, distractins
debauching and demoralizing. 1t arises
out of our industrial profits, And
though this profit be only obtained
by a few, 1t is blaze and glare oil
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-07-26

they probably will, how will these
different races act? Having no rela-
lions with any OF the great political
parties. having no education in the
principles of political government,
they will follow their prejudices and
sentiments, such as they are. Acct
dents may operate to direct them. II
there Is a free franchise here, the ma
tives can outvote the Anglo-Saxons.
The Portuguese can also outvote them.
II the Portuguese become Republicans,
the natives will probably then become
Democrats, owing to the quiet anti
patty between these races. The order
OF things may be reversed. But the
Populists may secure some following.
as the largest looking coin, the silver
dollar, will be especially attractive to
the native, without regard to stand
ards of value.
What the theory of the coming law
commissioners will be, we do not
know. IL they follow the precedents
given by other territorial laws, there
will be no limitation to the franchise,
excepting only upon the Chinese and
japanese. Out OF this, there will come
friction, as the Japanese will ask for
II. and our Federal Government has
made a clear distinction between Chin
ese and japanese. Congress may auth
orize qualified japanese to vote. But
II Is not probable that it will be done
for some time to come.
1t is quite probable, in the making
up of parties, that neither the natives
nor the Portuguese will become strong
partisans, but will remain in a gen.
orally neutral situation, and be open
to reasons" This VIII put much
labor on the men who run the ma
chimes" and call for more than usual
political management.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-07-26
PENAL CONTRACTS.

The effect of the joint resolution on
the penal contract labor system is al
ready an important question, and we
are asked to state the points in the
case, for the information of our read
ers.
The joint resolution provides that:
The municipal legislation of the Ha-
waiian Islands not contrary to the
Constitution of the United States shall
remain in force" until Congress shall
otherwise determine.
Any Hawaiian law, therefore, con-
trary to the Constitution is void and
has been void since July eth.
A Hawaiian law may be inconsis-
tent with laws of the United States,
and yet be valid, according to the re-
solution, but 1t is not valid If con-
trary to the Constitution. A clear dis
tinction Is made.
1t is generally admitted that penal
labor contracts are not recognized by
the common law of America. Wheth-
er this common law has been sudden
ly planted here by the joint resolution
is a novel and interesting question.
What concerns us now Is the ques-
ton whether or not our penal con-
trat laws are contrary to the Consti-
tuition, because 1t is now in full force
here.
We express no opinion, but give the
opinion of the United States Supreme
Court.
If the Hawaiian penal contract law
conflicts with the Constitution, it is
with the 18th Amendment, which is:
Neither slavery or involuntary SER
vitude except as punishment for
crime whereof the party shall have
been duly convicted shall exist within
the United States. or any place sub
ject to their jurisdiction"
A territory is therefore included.
The question is therefore, does the
Hawaiian penal law recognize and en-
force involuntary seryitude?'
The Supreme Court of the United
States recently passed upon it, in the
case of Robertson VS.. Baldwin GIGS
u. S. II. 2SD, where n sailor who had
regularly shipped, but had deserted,
was arrested under statute passed
by Congress authorizing such an ar
rest and Imprisonment.
On behalf of the sailor it was claim
ed that the statute was in violation
of the 18th Amendment. MIR. Justice
Harlan in q dissenting opinion, held
| that 1t was a clear violation of the
amendment, and therefore void.
But the majority of the judges held
that the words Involuntary servitude'
were not sweeping, but had definite
meaning. They said: that services
which have from time immemorial
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-07-26
NEW PARTY LINES.

The bird that brought the news Of
annexation brought also the seeds of
the political parties that exist on the
Mainland. They have been planted,
have been watered, and are sending out
healthy shoots.
The need and advantages Of polit-
zeal parties are beyond dispute. Even
a few wise partisans admit II. Martin
Luther, no mean authority, said that
the human reason was like drunken
man on horseback, who was sure to
tumble off II left alone" Party pol
itics enables men to ride together and
when one is in danger of falling Off
one side of the horse, another who Is
about TO fall from the other side, bal
ances him, and they are not dismount-
ed.
The Americans here. and those with
American antecCdents will soon fall
into party lines. The Republicans. the
Democrats, the Populists, will make ~
the parties. The man born here OF
American parents will follow his as
sOCtauuns
Those OF Northern European origin
here will only gradually join the polit-
ical parties. Their movements will be
watched with interest.
The majority Of those who have
changed the Government and crowned
their work with annexation, are, We
believe, Republicans II the coming
territorial laws retain in their hands
the political power, the ruling party
will surely be Republican.
Should these laws give the franchise
TO the natives and the Portuguese, a,
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-07-26

The Bankruptcy bill has been signed
by the President, and is now in force
The law passed in 1862, and repealed
some years ago, was unsatisfactory, and
involved great expense. The Regis
trars made large sums out OF it. The
present law avoids many Of the i'm
projections of the earlier one, and will
give better satisfaction.
Whether or not the new law now
prevails in this territory remains to
be seen. Although the joint resolu-
ton preserves our municipal laws, the
Bankrupt law having been signed sub
sequent to the resolution, may, to some
extent supercede it, and 1t may be now
the law of the territory.
Who will have the "honor" to be the
first person in Hawaii to avail himself
of it? 1t should be understood that
bankrupts in character are not pro-
vided for in this law, and they need
not apply.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-07-26
riches which dims the moral sight Of
the young men.

riches which dims the moral sight Of
the young men.
MIR. Birnie. an impassioned lover of
truth and light may, for sufficient rea-
sons seek field less darkened with
the shadows Of prosperity.
In much Of Mr.. Birnie' work MO hoe.
peen reminded Of the words OF Phil,jns
Brooks, referring to Dean Stanley.
ne could preach In the Abbey of the
greatness OF great naturalist. al
though he was no student of na,,r.,
science; or Of great musician. though
ne mad no taste for music; or Of a
great novelist. although he could no,
read MS novels. Sometimes his e,,,o-
s'es nave seemed to some men to he
ihuiscriminately lavished, but we INNS,
nave the sight, which he never Ios,
OF the endless human procession ever
moving on; each faithful human being.
famous or insignificant, bearing his
s1t' great or small, Ineligible or un-
ihteliigible to his brethren, yet all ac.
cepted and laid up in the vast temple
OF the divine purpose, to which thew
move, In which they slowly disap-
pear"
10 us, 1t has seemed that Mr.. Bir-
ME has in the pulpit and out of II. H.
iustrated in many ways these words
of Bishop Brooks.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-07-26
Pile Driver to Hilo.

The steamer Maui, which sailed yes
terday afternoon, took the Government
pile driver, to be used in wharf con-
struction at Hilo. 1t had just come
up on the train from Waialua and was
transferred directly to the steamer.
The machinery is in pieces and Is
handled very easily.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-07-26

II has often been said that the OPP
position Of the Argonaut to annexation
was que to money influence. This Is
not true. No person making the most
persistent wild cat" investments In
California, would ever risk a dollar
in purchasing the influence Of that
paper. It is an honestly" conducted
paper, because 1t never was tempted.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-07-26

been treated as exceptional shall not
be regarded as within it's purview"
1.-THE 18th AmendmenD. The Court
gives history Of sailor contracts, and
shows that both in England and Amer
lea these contracts with penal clauses
had been recognized as necessary and
lawful, and therefore 1t was under
stood by lawyers, judges and the peo-
pie that they were not included In the
prohibition made by the amendment.
As to any other penal contracts, the
Court says, and this appears to be i'm
portant language:
The breach of contract for per-
sonal service has not, however. been
recognized in this country as involving
liability to criminal punishment, ex-
cept in the case of soldiers, sailors,
and possibly some others, nor would
public opinion tolerate a statute to
that effect"
In the Slaughter House" cases &c
Wall. go the Supreme Court alludes
to the practice by the British planters.
after slavery was abolished In the
West Indies, OF binding the negroes
to work, with penal provisions. The
British Courts declared these contracts
illegal. In the case of an apprenticed
negro, under the laws of Maryland,
Chief Justice Chace of the Supreme
Court set him free, on the ground that
the contract was contrary to the laws
Of the United States.
The important question with us
is. are our penal contract laws
contrary to the Constitution, or
are they merely inconsistent with
the common law of the United
States. If they are only inconsis-
tent with the common law, then there
is some ground for holding that they
remain in full force until Congress has
enacted laws specially applicable to
the Islands. If they are inconsistent
with the Constitution 1t is differ
ent matter. The Supreme Court may
hold that our penal contract laws,
having existed here for many years do
not come within the scope of the 18th
Amendment.
The exact status of territory has
often been considered by the Supreme
Court. But it has never failed to hold
that any land obtained by cession or
conquest was at once covered by the
Constitution.
The joint resolution does not ex-
pressly state that the Constitution now
prevails here. 1t was not necessary.
1t prevailed the instant President Nc
Kinley signed the resolution.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-07-26

Last summer one Of our grand
children was sick with a severe bowel
trouble" says Mrs. T.. G.. Gregory. Of
Frederlckstown, Mo. "Our doctors
remedy had failed, then we tried
Chamberlain's Collie, Cholera and Diar-
rhoea Remedy, which give very speedy
relief" For sale by all druggists and
dealers. Benson, Smith & Co., agents
for II. ].
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-07-26

several States The language Of the
Court as we quote II sustalns this view.
The native Hawaiians must not be
deceived by these malicious interpre-
tations OF the law.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-07-26

The young men especially, as we'll
as all others, will regard with the kind
est recollection the devoted interest
that Mrs. Brine has taken in her hus-
bands work. 1t has been unusually
Intelligent. and in her singular tact in
moving about in a community greatly
infested with the pests Of unseemly
gossip she has been an example and a
model Of the courteous, the refined.
the well-bred woman.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-07-26

Some efforts were made in the late
Legislature to repeal the penal con-
tract laws, but the matter was not
pressed. Possibly the joint resolution
has repealed them. The Supreme
Court of the United States must decide
the matter finally.
The San Francisco call., 1898-04-06
CHAPTER VII.
Firemen's Relief Fund.

SECTION l. Tn order to continue In force and make effectual pensions already existing in favor of firemen. a fund is hereby created to be known and designated as the Firemen's Relief Fund. The Board of Fire Commission CTS of the City and County and its sue cessors in office shall constitute a Board of Trustees of said Fund. The Board shall be known as the Board of Fire Pension Fund Commissioners.
 Sec. 2. There shall be annually levied, collected and apportioned to the Firemen's Relief Fund tax sufficient to meet and pay all demands upon said Fund, for the purposes set out in this Chapter.
 Sec. 8. The Commissioners may by a. unanimous vote, retire and relieve from service any aged, infirm or disabled rived at the age of sixty-five years. and who, upon an examination by two regu- larly certificated practicing physicians appointed by the Commissioners for that purpose, may be ascertained to be by reason of such age, infirmity or other disability. unfit for the perform ance of his duties. Such retired fire man shall receive from the Firenen's Relief Fund monthly pension equal to one-half of the amount of the salary attached to the rank held by him three years prior to the date of his retire ment. No such pension shall be paid unless such person has been an active member of the Fire Department for twenty years continuously next pre- ceding his retirement, and the same shall cease at his death. .
 Sec. 4. Any member of the Fire De-
The San Francisco call., 1898-04-06
CHAPTER III.
The Chief Engideer.

SECTION 1. The Board of Fire Com- missioners shall appoint Chief Engi- neer, who shall be charged with the special duty of experimenting the ex- tinguishment of fires. The Chief En- gineer shall be the chief executive off, cer of the Fire Department, and it shah be his duty and that of the Assistant Chief Engineers and of the Battalion Chiefs to see that all laws, orders, rules and regulations in force in the City and County, or made by the Commissioners concerning the Fire Department, are enforced.
 Sec. ?. The Chief Engineer may sus- pend any subordinate officer, member or employee of the Department for in- competency, or for any violation of the rules and regulations of the Fire De- partment, and shall forthwith report in writing such suspension, with his req sons therefor, to the Commissioners for their action. He shall diligently ob- serve the condition of the apparatus and workings of the Department and report in writing thereon at least once a month to the Board and make such recommendations and suggestions re- specting the same as he may deem proper. In the absence or inability of the Chief Engineer, an Assistant Chief Engineer shall perform his duties.
 Sec. 3. The Chief. Engineer or. in his absence, the Assistant Chief Engineers. or, in their absence, any Battalion Chief in charge may, during a conflagration. cause to be cut down or otherwise re. moved any buildings or structures for the purpose of checking the progress of such conf1agration.
The San Francisco call., 1898-04-06
CHAPTER II.
Municipal Elections.

SECTION 1. There shall be held in the City and County of San Francisco on the first Tuesday after the first Monday of November in the year one thousand eight hundred and ninety nine, and in every second year there after, an election to be known as the municipal election.
 At said elections there shall be elected by the electors of the City and County the following officers: The Mayor, eighteen Supervisors, an Auditor. Treasurer, Assessor, Tax Collector, torney, Public Administrator, County Clerk, Sheriff, Coroner and four Police Judges. Each of the above officers shall be elected for two years, except the Police Judges and the Assessor. each of whom shall be elected for four years. The Superintendent of Public Schools shall be elected for four years. and the Justices of the Peace for two years, at the same time that members of the Legislature are elected.
 Sec. 2. All of the officers of the City and County of San Francisco who shall be elected in the year one thousand eight hundred and ninetyeight, under existing laws, except the Superin- tendent of Public Schools and the Jus tices of the Peace, shall hold office only until the hour of noon on the first Mon day after the first day of January in the year nineteen hundred.
 Sec. 8. The officers first elected as aforesaid under this Charter shall take office at noon on the first Monday after the first day of January following.
 Sec. 4. The Mayor shall issue his proclamation and publish the same in the official newspaper for at least twenty days previous to the day in each year on which the municipal election is to be held under this Charter, calling upon the electors of the City and County to meet for the purpose of electing such officers as are provided for in this Charter, reciting in such proclamation the different officers to be elected at such election.
The San Francisco call., 1898-04-06
CHAPTER V.
Fire Marshal,

SECTION l. The Board of Fire Com mlsS1oners, on the written recom- mendation of the Board of Directors of the corporation known as the Under writers Fire Patrol of San Francisco. may appoint such persons as may oe recommended by said Board of Di- rectors as Fire Marshal and Assistant Fire Marshal. Vacancies occurring in the office ef Fire Marshal or Assistant Fire Marshal shall be filled in the same manner. The salaries of said Fire Mar shal and of his assistant and deputies shall be fixed and paid by said Board of Directors of said Underwriters Fire Patrol of San Francisco, and in no event shall the City and County be liable therefor or any part thereof.
 Sec. ?. The Fire Marshal or, in case of his disability, the Assistant Fire Marshal shall attend all fires which may occur in the City and County, and he shall take charge of and protect all property which may be imperiled thereby.
 Sec B. The Fire Marshal may call upon policemen during the time of any fire for the purpose of protecting prop erty until the arrival of the owner or claimant thereof, and in case the owner or claimant of such property does not take charge of the same within twenty four hours, the Fire Marshal may have such property stored at the owners or claimants expense.
 Sec. 4. The Fire Marshal shall be charged with the enforcement of all laws and ordinances relating to the storage, sale and use of oils, combus- tibe materials and explosives, together with the investigation of the cause of all fires. In all cases where there is reason to believe that fires are the re- suit of crime or that crime has been committed in connection herewith, the Fire Marshal must report the same in writing to the District Attorney. The Fire Marshal shall also have the care of, and may sell, subject to the orders of the Board of Fire Commissioners, all property saved from fire for which no owner can be found, and at once pay the amount realized from any such sale into the treasury. He shall exercise the functions of police officer
 Sec. 5. The Fire Marshal shall have power to appoint deputies for inspect ing buildings, but such deputies shall receive no compensation for their sery- ices from the City and County.
The San Francisco call., 1898-04-06
CHAPTER VII.
Promotions, Suspensions, Dismissals and Disratements.

SECTION 1. All promotions in the Department shall be from the next lower rank, seniority of service and meritortOus public service being con- sidered.
 Sec. 2. Any member of the Depart ment guilty of any offense, or violation of rules and regulations, shall be liable to be punished by reprimand, or by fine to be fixed by the Commission CTS. or by dismissal from the Depart ment; but no fine shall ever be imposed at any one time for any offense ex- ceeding one months salary.
 Sec. 3. No member of the Department shall be subject to dismissal for any cause, or to punishment for any breach of duty or misconduct therein. except after a fair and impartial trial before the Commissioners upon a verified com- plaint filed with the Board setting forth specifically the acts complained of, and after such reasonable notice to him of the time and place of hearing as the Board may by rule prescribe. The &C., cused shall be entitled upon such hear ing to appear personally and by coun- sel; to have a public trial: and to se- cure and enforce free of expense to him the attendance of all witnesses neces- sary for his defense