The Hawaiian gazette., 1901-11-01

ton on March 30. 1895, secured from the
government of Spain a concession" ex-
tending to IL the exclusive privilege of
| landing a cable on any of the Philippine
Islands for the next forty-two years-or
J until the year 1910. Spain reserved the
right TO redeem this privilege by pur-
chase, and the price for such purchase
was stipulated in the copcession at $1,000
| per year for each year of the unexpired
| CONCESSION.
| The Eastern Extension Cable Company,
| the British concessionares, has never
| laid a foot of cable under this privilege,
but good lawyers assert that the grant is
perfectly valid. our government is thus
| confronted with the first paragraph of
|article VIII of the treaty of Paris, by
which the Philippines We're ceded by
Spain to the United States, and with the
second paragraph reading follows:
And IL Is hereby declared that the re-
| linquishment or cession. as the case may
lbc, cannot In any respect impair
| the property rights which by law belong
to the peaceful possession of property of
all kinds of provinces or of pri-
|vate individuals. OF whatever nationality
such individuals may be"
| In short, the Eastern Extension Ca
BILE Company, Enslishmen all, holds an
Exclusive privilege from Spain mat this
| government Is manifestly bound to re-
aspect, and We must. apparently, either let
lit go ahead and lay its wires or else buy
the concessions. An American company
with ample capital and OF assured re-
lsponsib!lity stands ready to lay a cable
across the Pacific from San Francisco to
| Manila and Guam, seeks no subsidy,
guaranty or concession. and merely asks
the privilege of landing its cables at the
termini and way stations, with "A pledge
to fix the tolls ut rates from W to GO
per cent lower than existing ratcs-but
its application is held up in Washington
pending an examination of SPANS con
cession by Attorney General Knox.
| The San Francisco Chronicle calls at
tention to what appears to he a fact
that this concession applies to cables con
Meeting any of the islands in the Phil
lippine group with each other; and it is Il
fact that when our War Department be
gan to lay its military cables from island
To island last year, these watchful Brit
ish concessionaries promptly protested,
but without avail. because our govern
mcnt stood on its rights acquired from
Spain by which the privilege of laying
inter-island cables for strictly govern
mcnt purposes was reserved. But, APP
parently, these cables as now completed
are not availabl. for commercial and
social purposes. The Chronicle, in view
of these facts, is moved to offer the fol-
lowing suggestions:
eff the American cable We're ready To
land in 1904 there would remain period
of thrty-six years, involving a payment,
in round numbers, of 100000, which, very
likely. the company applying will expect
the United States to assume. Whatever
the cost, the necessity of an American
cable to the Philippines Is self-evident,
and some means will unquestlonably be
found to make 1t lawful. As Americans
are getting into the habit of buying
things way out might be for the
American company to buy the existing
cable from Hongkong, exclusive rights
and all. If the government should ever
wish TO put an end to the monopoly the
expense of doing will grow less every
year"
At all events a coterie of thrifty Brit
, ons appears 10 have us at big dsad-
vantage all around, and the question will
naturally arise. How many more con
ccssions' granted by Spain in the Phil
ippines has our government bound itself
TO respect and protect? 1t is rather late
to 'cry over spilled milk" but IT may
transpire that our American commission
ers who helped to frame the treaty of
Paris didn't have their eyes wide open.
Mr.. A. y. Ingalls,, Mr.. w. d. Alex
ander eX-surveyor general of Hawaii
who is now in Washington, and u. r
. Bant have been designated as members
of the board of Civil Service Examiners
, at Honolulu and j. c. Ridgeway and f.
; G.. Moses as members at Hilo.
The Comptroller of the Currency has
approved of the application of Charles
: NJ. Cooke, president and G. d. Lufkin
, cashier to organize The First Nationa
/ Bank of wailuku. island Of Maui. with
, a capital of s25, 900 and TO begin bust
ness. Other incorporators are Ceci
Brown, j. r. Anterior and Henry Wa
terhouse.
1 Mr.. Charles II. Raven has been APP
, pointed Deputy Night Inspector. and II
$ w. Bowers and George W. Bower al
/ night inspectors of customs at Homo
$ lulu
! The language of Attorney Genera
KnoXs decision regarding the validit.
of the Territorial act authorizing al
g additional judge will be of interest IL
$ Hawaii. This decision. which was al
T.. official one, rendered in writing to tn
President, contained nine typewriter
r pages but the substance is containe,
4 in the last two pages. The remainde
g was devoted to citing the circumstance
= and the former laws of the territory
- The decision concludes in this language
| The only question Is whether Congress
in adopting the Hawaiian law as tixin;
the number of Circuit Court judges
: adopted it permanently, or subject I,
change by the Territorial Legislators; an,
:. where the adoption and the provision TO
q such change are, with equal clearness
:. expressly stated in each Of the sam,
= sentences, but one conclusion is posi-
+ BILE
. Indeed, it would be difficult to frame
!. language more clearly subjecting to leg
, islative change the whole matter of 9TH,
!. laws of Hawaii heretofore in force con
= corning courts, and their jurisdiction anc
procedure" and relative to the judic!a
department"-the one which fixes tn,
S number of judges: and 'all laws of Ha
n wall, not inconsistent" etc. ] know O.
Y mo rule of construction which will refe
= this repeated very broad and general Ian
guage merely TO some particular por