davidaulloa/AmericanStories huggingface dataset:
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13
VESTED RIGHT Or NOT.
POINT UPON WHICH
FISHERY CASES TURN
BRIEF BY COUNSEL FOR TERRI.
roRYIo CONTROVERSY THREE
GROUNDS AppucEp BY
CLAIMANTS.

Robertson G. Wilder, attorneys for
the Territory of Hawaii, defendant.
have fled a brief Of 10 typewriter
pages in the suits to establish fishery
rights of the B. p. Bishop Estate and S.
NJ Damon.
Section 95 of the Organic Act pro-
vides as follows:
That all laws of the Republic of Ha-
wall which confer exclusive fishing
rights upon any person or persons are
hereby repealed, and all fisheries In
the sea waters of the Territory of Ha-
wall not included in any fish pond or
artificial Enclosure shall be free to all
citizens OF the United States, subject,
however, to vested rights, but no such
vested right shall be valid after three
years from the taking effect Of this
Act unless established as hereinafter
provided"
Section SO provides for the bringing
of suits in the Territorial courts to
establish such vested rights where they
may exist.
The fishery right law as IL existed at
the time of the passage of the Organic
Act is embraced in Chapter 81 Of the
Penal Laws. Section 1852 provides that
the fishing grounds out to the reefs or
one mile from the beach shall be con-
sidered the private property OF the
konohikis, subject to certain reserva-
tons. Section 1853 provides that the
konohikis shall hold the fisheries for
the equal use Of themselves and their
tenants subject to restrictions imposed
by law. Sections 1854 and 1455 provide
that the konohikis may take certain
fish for their exclusive use. Penalties
are provided for the violation OF rights
OF konohikis and tenants.
The controversy in the cases at bar
turns upon the question whether the
right set up by the plaintiffs is vested
right within the meaning OF the Or
ganic Act.
1T seems to be clear" say the at
torneys for defendant, that the ques-
ton whether the plaintiffs have vest
ed right depends upon whether the sta
tute amounts to an executed contract,
or grant, Tor IL the statute merely con-
ferred privilege or license that privi-
lege or license would terminate with
the repeal of the statute and there
could be no vested right"
The argument of the brief is to show
that the enactments relating to fisher
les cannot be construed as a grant or as
creating any contractual relation. The
absence of specific description or
bounds, the mention OF no grantee and
the lack of specification Of the nature
of the estate are related to show that
the Hawaiian exclusive fishery laws
carrying out declaration of Kameha-
meha III. in 1889, do not create vested
property.
There is argument intended to con,
troyert the claim Of plaintiffs that they
have vested rights upon either of these
grounds, viz: as an appurtenance tc
their land, by prescription and through
custom
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

Kauai, yet he seems as fresh as when
he started out and is most anxious to
get away.
The meeting down the road tonight
will be one of the most important raj
lies Of the campaign and II is expected
that the work done at that time will
result in many doubtful votes being
cast on the Republican side.
Meeting Down the Road.
The train from Honolulu will leave
the depot at o'clock and from infor-
nation CLEANED at Republican head
quarters today, only two hundred peo-
pie will be allowed to go from the city.
A certain amount Of space will be re-
served on the train for people along the
line. The Waianae train will leav
that place in time to reach Waianae by
1880 o'clock, the time set Off the
meeting.
I The speechmaking will be from a
specially constructed platform at the
depot and the speakers will consist OF
the flowing: Prince Jonah Kalaniana-
ole, Rev. Stephen L. Desha, Represen.
tative II. II. Makekau, the candidates
for Senators from this island and the
candidates for representatives from
the Fifth District. The Prince will
speak for only ten minutes. Rev. S.
l.. Desha will be given fifteen minutes
and Makekau will have ten for what
he has to say. The candidates will
have Ave minutes each. The speech.
making will take about two hours. I'm
mediately after the completion of the
meeting, the train will return to the
city and to Waianae.
The project Of taking along a band
OF twelve pieces has been given up on
account of expense and a quintet club
OF native singers will 60 along instead
This Is much better plan as the ma
tives, for whom the meeting is espe-
cially planned, are more fond of the
soft music OF the guitar than they are
OF the more pretentious music of brass
instruments.
Next Weeks Meetings.
Senator w. C. Achi, chairman of
the Fifth District Committee of the Re,
publican party, has arranged Ter the
following meetings this week: Tues
day night, at the home of w. j. Ha
kuole in Kunawai; Wednesday night
at Kakaako, with the Fourth District
speakers and then at Kalihi; Thurs
day, at Kalihi camp; Friday at Iwi
lei; and Saturday at the end OF the
Tramways stables in Kahhi, The
Fourth District will also have meet
ings in various precincts.
Wilcox on Hawaii.
According to letter from a promi
nent Republican on Hawaii, who IL
keeping his eye on the movements OF
Wilcox, the Delegate arrived at Ka
waihae on the 10th inst, and was IN
Laupahoehoe the same day. 1t wai
his intention to go around to Hilo
there to be met by Palmer p. Woods
and others and then to stump II
through Kau and Kona together
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13
AUSTIN DEMANDS 1T
CONTINUED from Page ~

this plaintiff is not now, and was not,
at the time of the doing of any of the
acts herein complained of, entitled to
have access to said rooms, books, rec.
ords and equipment, or to exercise or
discharge the duties or functions of
said office of Auditor.
.. But plaintiff alleges that said
Governor has no authority in law to
suspend the Auditor of the Territory
from the exercise and enjoyment of
his official duties, privileges and emol-
uments, and that said pretended sus.
pension Of plaintiff from said office
was ultra wires and void
10. And plaintiff alleges that If, in
law, such power of suspension of said
Auditor, rests in said Governor, II can
be exercised only for some ose or more
OF the causes set forth in section OF
Act 80 of the Session Laws of 1898 OF
the Republic of Hawaii; and that such
Auditor, before such suspension can
be legally made, is entitled to receive
notice OF the charges, II any, which
have been preferred against him, and
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

The Chicago Federation OF Labor
taking up the position labor should
take in politics has framed tentative
platform OF which the following are
the most striking planks: "The nomi'
nation of candidates for Office by petit
ton; the initiative and referendum; a
combined state and national control Of
trusts; providing for surrender of char
tiers upon proved failure to comply
with terms of franchises; the forma-
ton OF vigilance committees to see that
laws are impartially administered; the
abolition of contract labor in penal in
stitutions; the limitation of the power
of Injunction; majority verdicts by
juries in civil suits; the restriction Of
the capital stock Of corporations to the
actual value of property owned by such
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13
PURE FOOD LAW NEEDED.
Galveston News. /


Here are a few of the things found
on our tables and sideboards every
day that cities that support a chemist
have condemned upon analysis as es-
pecially harmful: Butter sweetened
or kept sweetened by boracic acid and
chemically colored; jam, jelly and pre-.
serves not even distantly acquainted
with fruit, made up wholly of gelatine,
glucose and chemical coloring and
favoring; tea made by mixing magnet.
ic oxide of iron with tea dust and roll.
ed by means Of starch into pellets re-
sembling genuine tea; chemical vine.
gar, catsup and table sauces contain
ing no vegetable matter whatever;
pickles made green by a preparation
of copper; wines sweetened with glu.
cose; beers rank with salicylic acid :,
WHISTLES diluted with proof spirits and
artifcially beaded with sulphuric acid
and smoothed with olive oil. Is 1t not
about time for the passage of first
class pure food law?
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

concerns; the recall Of any legislative
representative, state or national, who
fails to carry out the wishes of his
constituents, and municipal ownership
of public utilities" One of the most
remarkable features of the programs
laid out by the Federation is the ten
dency toward a class of citizens which
is considered and is indeed one of the
chief opponents and defenders Of indi.
vidual independence.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

The fusion forces are saying Prince
Cupid's meetings on Hawaii were not
as large or enthusiastic as represent
ed. As large" and enthusiastic" are
elastic terms there is no need to waste
time fighting over the exactness with
which they are used, since Cupids
meetings were large enough and suffi-
GENTLY enthusiastic to assure him a
good majority OF the votes on the Big
Island.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13
REPUBLICANS ARE
OUT FOR BLOOD
Continued from Page ~

night and will then make a tour Of
this island, spending most of his time
in the Fifth District where the work
Is greatly needed. On the next Satur-
day, after a big meeting in the city,
the Prince will go to Molokai and will
spend Sunday at the leper settlement,
arriving back in the city on Monday
in time to be present at the s-torch-
light procession in the city.
Prince Doing Good Work.
The Prince is doing great work for
the Republican party. He has shown
himself an indefatigable worker and
he seems to he tireless, The Maui trip
will be hard one on him particularly
after his hard time on Hawaii and
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

The ablest fnanciers of the Territory
express the opinion that the full meas
ure of benefit from improved sugar
prices will not be felt in Hawaii till our
next sugar crop is marketed. Mean
while, however, the people can obtain
no small amount OF enjoyment 10
watching the steady return OF conf
dence which foreshadows the good
times coming.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

Don't get 1t into your head that just
because you have registered there is
nothing more for you to do but vote
on election day. Every citizen should
constitute himself a committee Of one
TO help the cause along during the cam
paign
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

1t is within the range of possibilities
that amendments to the Organic Act
will be under discussion in Washington
during the time the local courts are
making an Interpretation as a result
Of the Austin suit.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

The pleasant social events in con-
nection with the visit of the German
corvette Cormoran furnishes sort of
Hawaiian echo of Prince Henry's visit
TO the Mainland. Our little Territory
is somewhat late in the day, but has
done its best to make up for lost time.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

The prominence given Pearl City as
political rallying point is a fore
runner of its future greatness when
Pearl Harbor business opens up under
the impetus OF million or two of dol
lars appropriated for Federal work.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

The complaint of the Chicago coffee
dealers that they do not get what they
pay for when handling South American
products could easily be obviated If
they would do business with Hawaiian
coffee growers.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

Kansas army maneuvers that got
stuck in the mud have furnished real
istic examples of actual warfare which
show war games to be something more
important than play.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13
Pioneer Building and Loan
Association.
ASSETS, JUNE 80, 1902, $7o,7s5.7s.

Money loaned on approved security.
A Saving Bank for monthly deposits.
Houses built on the monthly Install
ment plan.
Twenty-fifth Series of Stock is now
opened.
OFFlCERS-J. L. Mclean, Presi.
dent; j. A. Lyle. Vice President; Geo.
p. Denison, Treasurer; A. V. Gear,
Secretary.
DIRECTORS - ]. L. Mclean, A.
A. Wilder. A. V. Gear, Geo. p. Den
nison, j. d. Holt, A. w. Keech, ].
A. Lyle Jr.. ]. NJ. Little, e. s. Boyd.
A. v. GEAR,
Secretary.
JUDD BUILDING, MERCHANT ST.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

President Roosevelt's failure to ac-
complish anything in the settlement of
the great coal strike causes many to
wonder whether Mark Hanna who did
SO much for Mckinley in this line, is
taking a vacation.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

Charles 7. Yerkes is credited with
saying that men are in their appren-
ticeship until they reach the age Of
forty and that a business man is not
ripe until he is ten years older than
that.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

Prince Cupid is of age and has regis
tered. Are there any more campaign
canards the opposition parties want
refuted?
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13
Sugar Factors and -
--Commission Agents

AGENTS for Hawaiian Commercial 4
Sugar Co., Haiku Sugar Co., Paia Plan.
tation Co., Nahiku Sugar Co.. Kihei
Plantation Co., Hawaiian Sugar Co.,
Kahului Railroad c.,
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13
The Won HAMM.Y YOUNG CO..
LIMITED.
are now Offering the famous
''LiOn Brand"
NEGLIGEE SHIRTS

at such low prices that you cannot at
ford to let the opportunity go. They
are so cool and the price SO comfort.
able that they seem made for this
weather.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13
REGULAR DEMOCRATIC TICKET
For DELEGATE to CONGRESS
ROBERT W. WILCOX
SENATORS
DAVID kAWANANAkoA
EDGAR CAYPLESS
JESSE p. MAkAiNAI

REPRESENTATIVES
Fourth District
C. J. MCCARTHY
JNO. D. HOLT, Jr
GARDNER X. WILDER
HARRY A. JUEN
JOE AEA
D. kEONA
Fifth District
FRANK r. HARVEY
DAVID M. KUPlHEA
DANIEL DAMIEN
J. X. PAElE
NJ X. koU
s. X. OIL
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

Vote for J. N. Camara, the peoples
candidate, for the Legislature.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13
The Yokohama Specie Bank
LIMITED.

Subscribed Capital. -. Yen $4,000, 00s
Paid Up Capital ..... Yen 100000
Reserved Fund go. Yen $4,000
HEAD OFFICE, YOKOHAMA.
The Bank buys and receives for col.
lection Bills Of Exchange. issues Drafts
and Letters Of Credit. and transscts Q
general banking business.
INTEREST ALLOWED.
On Fixed Per can't
Deposit. Per snnum
= For IL months .......,.
For months ......... u
For months .........
Branch Of the Yokohama Specie Bank.
New Republic 3D., IL King Stree
HONOLULU.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

Weekly Edition Of the Bulletin, 81
per year.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

Fine Job printing at the Bulletin
office. .. .,.......,.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13
9 SUBSCRIPTION RATES.

g.. Evening Bulletin.
Per month, any where in U. SIS rs
Per quarter, anywhere in U. S.. zoo
Per year, anywhere in U. So. 500
Per year. postpaid, foreign. see. 1l.0Q
Weekly Bulletin.
efx month ;. ................. 90
Per year, anywhere in U. S.. 100
Per year, postpaid, foreign ..... l.50
TelepnOne ZOO
Postoffice Box ..........71S
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13
For DELEGATE to CONGRESS
JONAH kuHio kAlANIANAoLE.
SENATORS
W. c. ACHl
D. p. r. ISENBERG
L. L. M'CANDlESS

REPRESENT ATIVES
Fourth District
VIM. AYLETT
FRANK ANDRADE
s. r. cHilLlNGWoRTH
w. W. HARRIS
JONAH kuMALAE
CARLOS A. LONG
Fifth District
NAINoA
BEN NAukANA
J. NJ. EzERA
HENRY VIDA
J. L. kAUlukou
J. e. SHAW (kIMo ko)
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

MONDAY OCTOBER 10, 1902.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-10-13

(Cortinued on Page 81
The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1902-04-11
THE EXTRA SESSION.

Governor Smith has issued his pro
clamation calling the General Assem-
bly, Of Maryland to meet Wednesday
April 10Th, TO enact law fixing the
rate of State taxation for the years
1902 and 1903 and providing for the
levy of State taxes for those years.
Without such law taxes necessary
for the support of the State Govern.
ment cannot be levied and collected
The General Assembly, Which adj
journed March 3lst last, failed to pro-
vide for this important matter. In
calling the Legislature the Governor
addresses the people of Maryland, cx
planning that the oversight makes a
special session absolutely unavoidable.
and says:
No other subject need be consider
ed, and l sincerely trust that no dis
position will be exhibited at this spe
cial session, called to meet an extraor
binary emergency, to introduce any
other measure whatsoever. Under the
circumstances l feel may properly
declare my executive approval ought
not to be expected to be given to any
other bill.
The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1902-04-11
ENGLAND AND PEACE.

The world will applaud the desire of
King Edward to see England at peace
with the world before his formal ac-
cession, says the Baltimore american.
So strong is this desire that the King
is reported to have positively ordered
the Premier to conclude peace negoti-
ations with the Beers without delay
and without any specious baggling
over terms, If the King has taken
this position, and from the nature of
the reports and the present efforts in
the direction of peace there seems to
be ample reason for giving it full credit,
his interference is not less noteworthy
than it is certain to be signally success
full. Heretofore it has not been the
custom for English soyereigns to med
die much with affairs of state. But
if the King has determined to break
the rule, and in this matter at least
exercise the right of directing the
management of his government, he has
done a thing which will make him
popular throughout the world And
his intervention is guarantee that
the Cabinet will carry out his desires,
since break between the Cabinet and
the King would, considering the state
of public sentiment at this time in the
kingdom, result in the certain over
throw of the former.
AS to the terms upon which Tie
King is willing to conclude a peace
agreement with the Beers little is
known at this time. No definite an
nouncement has been made, but it is
fact that the Cabinet has taken the
matter up earnestly, and the King is
said to favor proposal which Will
offer to the Beers government along
much the same lines as that Canada
now enjoys under her constitution.
This would give limited measure of
home rule to the Beers, and would
convert the South African Republics
into dependencies almost Identical with
other British crown colonies.
The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1902-04-11

DO Our 161Ie70S and 1atr01S
Spring is with us once again
and as we extend the seasons
greeting, We wish to offer a re-
newed welcome to our store.
We could like to have you think
of us first when contemplating
the purchase Of your SPRING
CLOTHING-we would like to
have you make our store your
store.
Our stock of Spring Clothing
is direct from New York where
the style and quality cannot be
equaled. Our Spring Suits will
sell for SIS to $40, workman ship
guaranteed. Our Boys knee
pants Suits sells for $l.25 to 81.
Mems parts, 79c to $3.50.
Our DRY GOODS line will
be larger and better than ever.
Our SHOE DEPARTMENT
is up-to-date in quality and
prices the lowest
Our third floor is stocked full
OF FURNITURE &c.
The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1902-04-11
CHINESE EXCLUSION ACT.

Throughout Wednesdays session OF
the Senate the Chinese exclusion bill
was under consideration. Mr.. Calm
ger, of New Hampshire, and Mr.. Dill
bingham, Of Vermont, opposed the bill.
and Mr.. Turner, Of Washington, sup.
ported it.
Mr.. Gallinger urged that the pend.
ing bill was unnecessary, unjust and
un American and clearly in contraven.
tion with our treaty obligations with
China.
In an extended address Mr.. Turner
appealed to the Senate to pass the
proposed bill. not merely for the pro-
lection Of the people Of the Pacific
states, but to prevent the entire body
polite from being contaminated by the
Chinese.
Mr.. Dillingham; advocated the re-
enactment Of the present Geary law
He declared that representatives of the
Pacific states and expressed them
selves as perfectly satisfied with the
operation Of existing law, he said, anc
there was no proper reason for s
change, as the change would invol,,
great trouble and expense.
In his speech Mr.. Gallinger (NeN
Hampshire) declared that the bill was
''uncalled for, unnecessary, unwise ant
un-American. It is harsh in it's pro
visions, unjust in its definitions an6
clearly in contravention of our solemn
treaty obligations
He said the proposed legislation was
marrow, bigoted and indetensible.''
The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1902-04-11
NorlcE TO BRIDGE BUILDERS

OEALED PROPOSALS will be received
- by the Road Commissioners of Prince
Georges county. Md. for furnishing the
necessary material for, and the construc
ton of, two stone or brick abutments,
bids to be in the alternative, for bridge
over the Eastern Branch of the Potomac
river at East Hvatts vile. Md, of the fol
lowing dimensions: Abutments to be 10
feet in height including foundation which
must be not less than feet below water
bed, and the base thereof at least feet in
thickness; 26 inches in thickness for bal
ance of abulments, and % feet wide, with
one wing II feet long, aud dimensions
and setting the same as shown in the abut-
ments. Workmanship t, be first class.
Cement best Portland. The construction
of said abutments will be built upon the
ground where bridge now stands, which
will necessitate the tearing down and
removal of present abutments made of
grouting.
All bids to be addressed to the Board of
Road Commissioners of Prince Georges
county, Upper Marlboro, Md, and will
be received by said Board on
TUESDAY, APRIL 18th, 1902,
on which day they will be opened and
contract awarded to the lowest rcsponsi
BILE bidder.
By order of the Board:
S. G. MULLOY,
President.
JOHN T. B. SUIT. Clerk.
April 9th, 1902-td.
The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1902-04-11

On Tuesday the House of Representa-
tives will take up the Cuban reciprocity
bill and, while the debate may, by the
stringent rules of the House, be limited in
duration, it promises to be most interest
ing. Representative Ncwlands told me
yesterday that he believed the democrats
were gradually coming to accept his view
of the situation and that he thought a
great majority of them would vote for
annexation if they had the opportunity.