davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31
SUMMARY OF THE
PLAINTIFFS BRIEF

The brief for the plaintiff in it's OPEN
ing statement, states the main case
thus:
STATEMENT.
On December Path, 1903 a petition for
a writ of quo warranto was brought
by the plaintiff to the First Judge of
the Circuit Court of the First Judicial
Circuit, praying that 1.-THE defendants
be required to show by what authority
they claimed to act as Supervisors of
the County of Oahu, Territory of Ha-
waii. On the same day the defendants
answered, claiming to act as such Su-
pervisors by virtue of Act 81 of the Ses-
sion Laws of 1903 of the Territory of
Hawaii. The matter having been sub
mitted, an order was made dismissing
the petition, from which order the
plaintiff has appealed to this Court.
ARGUMENT.
1t is contended by the plaintiff that
the said Act 81, known as the County
Act, is invalid, because in contraven-
ton of an act of Congress entitled, can
Act to Provide a Government for the
Territory of Hawaii" approved April
Both, 1900, known as the Organic Act,
the particular grounds of objection be-
ing as follows:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31
COUNTY ACT TEST CASE
ARGUED AND SUBMITTED

The County Act test case was argued
and submitted before the Supreme
Court yesterday, together with Treas
urer Kepoikai's case against the same
enactment by permission. It occupied
a full court day. There was no sham
fight element apparent, but an earn
est and powerful presentation of each
side of the question-this being the va
lidity or invalidity of the measure as
a whole.
c. r. Hemenway, H. E. Cooper and
S. H: Derby in turn argued against the
validity of the Act. 1t was defended
by A. S. Hartwell and VIM. II Rawlins.
j. A. Matthewman closed the argument
on behalf of the Territory for the writ
of quo warranto.
The full court was present, viz: Chief
Justice w. F. Frear and Associate JUS
tees C. A. Galbraith and A Perry.
An abstract of the briefs flied is CIV
en- below, which forms as full a report
of the substance of the speeches as
could be furnished in available space:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31
ASYLUM NOT TO BE
IN PALOlO VALLEY

Pa1olo Valley as the site for the
new Insane Asylum has been aban-
doned. This decision is made on the
strength of report to. Governor Car
ter by committee of business men and
physicians who investigated the site
at his request. The committee was
composed of F. NJ. Swanzy, w. O..
Smith, DR.. Herbert, DR.. Wood and DR..
Judd
While the report of the committee
details many advantages of that moot
ed location, it cites disadvantages that
in the opinion of the committee out
weigh the favorable items.
Governor Carter considers that the
necessity of looking up another site is
not such a serious matter now, since
it was found impracticable to begin the
construction before the end of the year.
Time will be taken to avoid-any mis-
take that a hasty selection might cause.
Another site that was in the Board Of
Kaith's eye is down the railway line
Faialua way.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31
COUNTY COMMITTEE PASSES
ON OFFICE APPLICATIONS

Supervisor under Wilson. A member
of the committee stated that Clark
had appeared before the Board and
satisfactorily explained his position in
politics, and he believed he should be
given show for an endorsement.
A Supervisor arose and stated that at
a recent meeting at the Orpheum a
Home Ruler had buttonholed him and
said that if he, would vote for Wilson
and Clark as Road Supervisor and as
sistant respectively, so that the Home
Rule votes would then carry them
through, the Home Rule Supervisors
would be willing to concede many inn
portant matters to the Republicans. He
had reylied that that was not his way
between. This indicated to him that
Clark had been canvassing the Home
Rule Supervisors for favors. On this
showing the application was promptly
laid ON the table.
Charles Wilson's application took the
same course for practically the same
reasons.
Avon H. Crooks application for Dep
uty District Attorney was almost re-
jected wnen first considered, but after
discussion was laid on the table. His
Republicanism was questioned in view
of a speech made by him at recent
meeting of citizens. It was also shown
that mis- brother had been elected on
CONTINUED on page 3D.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31

AT meeting of the Republican Coun-
ty Committee held last evening the ap-
plications of large number of persons
for positions under the county govern
ment were received and acted upon.
The names of those endorsed will go to
the proper county officers and selec-
tions will probably be made from those
favored with the committees endorse
ments.
The axe swung in the direction of
Charles B. Wilson, who applied for the
position of Road Supervisor, Charles
Clark, for assistant Road Supervisor,
and Avon H. Crook, who asked for the
position of Deputy County Attorney.
Their applications We're laid on the ta-
BILE, which practically means that their
names will not bs favorably considered
by the Supervisors.
Clark's name was the first to bob up
and there ensued deadly silence. 1t
was finally broken by motion to lay
it on the table. 1t was stated to the
committee that Clark's Republicanism
was questionable, especially in view of
the fact that the Territorial Republi-
can Committee. prior to the election,
had asked Superintendent of Public
Works Cooper to discharge him from
the position he held as Assistant Road
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31

accepted as legal tender after today
This is in accordance with the act of
Congress providing for the redemption
and recoinage of the Hawaiian silver.
There will be no shortage in money be-
cause of the elimination Of the Hawai-
ian coins from circulation. Large
quantities of silver have been brought
here only recently to take the place
of that shipped to the San Francisco
mint.
The Hawaiian silver has been a
source of annoyance to the bankers
ever since annexation as they virtually
were compelled to take the govern
ment's place in keeping the money
standard at par. Neither the internal
revenue collector nor collector of Gus
toms would accept anything but Amer
lean gold or silver in payment, of du-
ties to the United States, and had they
insisted upon this the silver would nat
urally have deprecated in value. To
avoid an embarrassment of this kind
the four banks of the city agreed with
Collector Stackable and Collector
Chamberlain to redeem with gold all
Hawaiian silver taken in for Federal
duties. Had the collector insisted on
getting American money in payment of
duties, the country would have been
drained of silver in less than six
months The redemption of the Ha-
waiian coin settles all difficulties and
hereafter only American money will
pass muster in the Territory.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31
FLESH TRAMPLED
FROM BODIES AT
IROQUOIS FIRE
The Dead Number 562, Many Prominent
Chicago Families Suffering Losses---Many
, Fatally Hurt
,Assoo1ArED PRESS oAsLza RAMo

CHICAGO Dec sThe holocaust at the Iroquois theater
Dearborn and State which
production Bluebeard the distressing
United States No less than
besides large
injured many of them fatally.
The of the fire faulty electric wire which gnited
scenery attempt drop the asbestos
latter stuck way white the flames spread through
tanks took fire and exploded spreading the flames
auditorium The heater crowded with audience
consisting mainly and children who fought tooth and
nail The jaed with struggling Shrek
ing dying humanity Flesh tramped from bodies in
safety But few people burned to DEATH
victims being aspyxaed and then manged under
unfinished fire proved to be death The
escaped by stage exits Many prominent families su
While progress the police had
difficulty in handling crowds of frantic relatives.
The following advertisement the roquois Iheater
I'm Chicago files
EXTRAVAGANZA
Beared"-Lates exponent of the nursery
ganza fresh from ceche Druy Lane and newly acquered
by aw and Enger It is largely mght and ladies' but the
children will enjoy it hugey-At the Iroquos
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31
HAWAIIAN SILVER IS NOT
LEGAL TENDER AFTER TODAY

After twenty years of faithful service
the kalakaua silver will pass out of
existence today as legal tender. Only
sS15, 1000 of the coin has been redeemed,
and the remaining s1s5,e00 after today
will be worth only about half of its
face value. theoretically, for with all
the dire predictions in the United
States of what might happen if the
\ backing of the government is with
slrawn from the silver dollar. the Ha-
waiian coin will be worth just as much
tomorrow as it is today. For, al
though the bullion value of the Kala-
kaua coin is about one half its face
value, the money has a historic worth
which will always keep it above par
s.Not a single dime was offered for
redemption,' said Cashier Cooper Of the
First National Bank yesterday. "Al-
together we redeemed SS15,000 worth of
the silver. After tomorrow the money
! will not be accepted as legal tender"
There Were $4,000 worth of dimes
'aoriginally brought to Hawaii, when
CLAUS Spreckels had a million dollars
c6ined for King Kalakaua in 1883. The
dimes didn't remain in circulation long,
FOR. a crowd of spectators saw splen-
did opportunity to make a little money
on the side and bought in the entire
issue of ten-cent pieces. After that
9he dimes could be obtained only at
a premium and they are quoted now at
forty and fifty cents apiece. The re-
manning s160,ooO which have not been
offered for redemption are probably
scattered to the four quarters of the
globe The most of it, of course, is
in the Islands still, although a great
quantity was taken away by tourists
for souvenirs. The bulk of it has been
used in the manufacture of jewelry-
pins, cuff buttons, belt buckles and
such things, while good many thou
sands Of dollars worth of the coin is
believed to have been melted in the
big Chinatown fire. All the jewelers.
have laid in an extra supply of the
silver coins within the past few
months, and probably several thousand
dollars are tied up in this way. Col
lectorS of coin have also invested large
ly in the Hawaiian silver and although
! intrinsically the money won't be worth
$rnore than fifty cents on the dollar
after today, yet the chances are that
s4o Hawaiian dollars will be purchas-
able. at less than a hundred cents on
the dollar. 1t is more probable that
the money will be at a premium within
q few years.
All the banks have posted notices
that the Kaiakaua coins would not be
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31

j. That the County Act provides for
elective boards of public nature, in
stead of boards appointed by the Cow
er.nor, as required by the provisions of
said act of Congress.
2. That the County Act requires cerc
tain appointive territorial officials, asS
for instance, the superintendent of
Public Works. to surrender to certain
elective County officials, the care and
custody of public property entrusted to
the charge of such appointive terri
torial officials under the provisions of
said act of Congress.
8. That the County Act contains two
subjects, in violation of said act of
Congress.
4. That the County Act, as amended.
never passed the House of Representa-
tiYes.
ELECTIVE BOARDS.
The brief takes up Sec. so Of the
Organic Act, giving the Governor the
appointing of boards of a public char
acter," and admitting the election of
the Supervisors, denies that boards un-
der the County Act are exceptions to
that stipulation Of the Organic Act.
On this the brief which was prepared
by Messrs. Matthewman and Hemen-
way, says:
The contention of defendants requires
a forced construction of the words
"other boards of a public character"
necessitating, in effect, the insertion
OF the words, excepting proposed
county boards''
The plain meaning of the words used
in this section indicates that Congress
intended either that the Territory of
Hawaii should have county government
without supervisory boards at all, or
TT at such boards should be appointed
by the Governor.
In some Jurisdictions the corporate
powers of a county are exercised by the
county court, instead of by a board of
county commissioners Enc Law
(2nd Ed.) $40, Note l.
SURRENDER OF PROPERTY.
Section 81 of the Organic Act pro-
vides:
That the public property ceded and
transferred to the United States by the
Republic of Hawaii, under the foinr
resolution of annexation, approved July
1th, 1898, shall be and remain In the
possession, use, and control of the gov
ernment of the Perritory of Hawaii
and shall be maintained. managed, and
cared for by it at its own expense until
otherwise provided for by Congress. or
taken for the uses and purposes of the
United States by direction of the Pres
ident or of the Governor of Hawaii"
Continued on Page q.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31
WAR IN FAR EAST
NOW SEEMS TO
BE INEVITABLE.
Mikado's Diplomats Say Outlook Is Gloomy.
Russia Must Accept the Spirit OF Japan's
Proposals or Fight---Buyng Warships.
tAssoorArED PRESS oABLnonAHs,

ASSOCIATED oABLEoRAMs0
LONDON, Dec 3I-Baron FIayash, the Japanese Minister
that unless Russia agrees spirit japanese proposals.
inevitable He join Russia even
China co-operates with Japan.
LONDON, Dec 31The Japanese government purchased
the warships Morena Rvadav building Italy the
of $75oo,ooo.
WASHINGTON, Dec 31.-Mnser Takahira says Japan has
its proposition the outlook for peaceful
settlement is gloomy
SANTIAGO, Chile Dec a1-Japan negotiating pur-
chase of the bateshp Captain
The Chilean baeshp Captain Prat years
She rated fourclass vessel
other The Prat armed with four guns
nc guns 6pounder four pounders Ipounders
ams and four torpedo tubes At forced daught the
capable of speed of eighteen tonnage 6ooI
tons and she carries of 40 men,
The Chacabuco is protected cruiser Chile
purchased At daught speed
twenty-our knot
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-31

Retrenchment in the Territorial
health department was considered at a
private conference of the Board OF
Health with Governor Carter yesterday
afternoon. A letter from the Governor
setting forth the need of economy in
the expenditures Of the Board was read
at its regular meeting, when President
Cooper stated that, owing to appoint
ments, the Governor could not come to
the meeting but desired that the Board
should meet him at his office to discuss
possible reductions of it's expenditures
from the amounts the Legislature vot-
ed.
STARTS BY ITSELF.
Mr.. Smith suggested that the Board
first consider the appropriations by it
self, then consult with the Governor
upon items of expenditure that were
deemed capable CT reduction.
This course was being taken, when at
the outset the Attorney General raised
legal doubt as to how far the Board
could go in modifying the appropria-
tions. He instanced fixed salaries and
the subsidies to hospitals. There was
some discussion about the pay of gov
ernment physicians and the aid to hos
pitals, which ended in the Boards adj
iourning in body to the Governor S
Office.
IN EXECUTIVE SESSION.
Arriving at the Capitol the members
and officers of the Board had to wait
but few moments until the door of
the executive chamber was thrown
open to them. AS reporters of the Bull
letin and Advertiser, detailed to the
Board meeting, were entering with the
body Governor Carter, advancing to-
ward the door, stated that he did not
desire the presence of members of the
press. He added that the details of the
conference would be given to the press
afterward.
The reporters withdrew and the door
was closed on the conference, which sat
until about 4:30 o'clock. When it dis
persed the Governor observed his en-
gagement with the press by making a
statement as follows to the Advertiser
reporter:
THE GOVERNORS REPORT.
1.-THE necessity for reduction in ex-
penditures was explained to the Board
of Health and we considered portions
that might be eliminated or reduced
without danger to the public health.
1t is not legislative. prerogative
but a condition that meets US. The
Legislature could not see all that was
ahead, with the changed conditions the
County Act would produce.
'"There are appropriations amounting
to 81, ,722,000 out of current revenue for
the ensuing year, which call for an
average monthly expenditure of 143.500.
Against this we have an income in cash
of about s25,O00 a month until the end
of the year, when we get S600,000 as our
half of the real property tax when
divided with the counties. The prob
able income will thus be about fifty
per cent. of the appropriations.
THE question for the Board of Health
is how it can cut it's appropriations and
still maintain a high standard of eff
cheney. Danger of epidemic is within
the range of possibilities and the ounce
The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1903-12-24
Marvellous Escape from
Death !
PAlNE'S CELERY
COMPOUND
Does a Wondrous Work for a Lady
Who Was Almost Crazed with
Pain and Suffering.

It is well known that terrible rheumatism,
sciatica, and neuralgia cause more helpless.
ness, acute suffering, and agony, than any OF
the other diseases that afaict humanity. The
great medicinal virtues of Paine's Celery Com.
pound make it the only trustworthy specific
for the cure of all forms of rheumatism and
neuralgia. Thousands of strong testimonial
letters from the most prominent people Of the
land, prove that Paine's Celery Compound
has banished these terribly fatal troubles when
all other treatment has failed. Mrs. Mar
garet Bethel, of Brainerd, Minn., after thirty
years of agonizing tortures had desire to end
her life, if it was the will of Heaven; she al
most prayed for the time to lay it down.
Heaven-directed, she made use of Paine's
Celery Compound, and is enjoying true life
once more. She says:-
"For thirty years I have been a great suf.
ferer from neuralgia in the head, and also
with rheumatism in the whole body. I began
taking Paine's Celery Compound and soon
found was much better. Before taking the
Compound, my Life was such burden that
almost prayed to lay it down. Twas bedfast
every two weeks with horrible pain in the
head, back, and neck, until was almost
crazed. am able to do harder work and
more of it today than for twenty-five years.
am really enjoying life again, thanks to
Paine's Celery Compound. I am satisfied
that my life has been prolonged many years
by its use.' e.
The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1903-12-24
With Hamlet Left Out.

While Joseph Jefferson was brewing
toddy for himself and his distinguished
guest, ex-President Cleveland, he descant.
ed at length on the high art of preparing a
hot Scotch, says the Philadelphia Ledger
IF do say it myself" observed the
host, II have an especial gift for serving
hot Scotch. Billy Florence used to say
should have been barkeeper. Now, try
this, Mr.. Cleveland, and let me know
your verdict"
Several times Mr.. Cleveland tested the
steaming liquid thoughtfully, naming the
ingredients as he identified them. "Nut-
meg-lemon-sugar" he mused approx
ingly. But I don't imagine you would
hold a position as barkeeper very long"
whats wrong?" queried Mr.. Jefferson
anxiously.
You might be great success as at
tendant in hot water hospital" said the
ex.president "But as a compounder of
delectable drinks you're certainly fail
ure. You've forgotten to pour in the
Scotch"
The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1903-12-24
Funeral Of Mr.. G.. [. Barton.

The body of the late c. I. Barton was
laid to rest in the new cemetery last Thurs
day morning at ten o'clock. The local
lodge of Knights of Pythias, of which he
was member, acted as an escort of honor,
marching in front of the hearse contain
ing the coffin.
The funeral services were conducted by
Rev. NJ. W. Hook, pastor of the Method.
ist church here, Mr.. Barton having been
a member of the church for number of
years. A number of relatives and friends
from different parts of the State were here
to attend the funeral.
Mr.. Barton carried insurance amount
ing to 81 200 on his life in the National
Union, fraternal insurance concern,
and this will no doubt be paid. AS he
was unmarried, the policy is payable to
his family.
The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1903-12-24
Brother Dickeys Christmas Philosophy.

Satan amt got no part in Chris mus, en-
yit de fireworks mus make him feel
mighty comfortable.
Somebody orter give Charity overcoat
en- par er snow shoes, en- let her take
exercise.
No po' man amt troubled wild de dys'
pepsia, kaze he never do git enough good
eatin' ter make it.
Dis time er year de Turkey looks ez
lonesome ez man waitin' fer friend tel
come long en- indorse his note fer thirty
days.
Eff Chris'mus wus ter come mo- dan once
a year, some er US would haveter go inter
de hans er a receiver, en- he wouldn't feel
thankful fer what he wuz bout ter receive.
Eff we could only scatter de JOY we
crowds in Chris'mus throughout de days
er de year, de ole worl' would go ter glory
ter de music er de halleluia bands.
The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1903-12-24
Court Proceedings.

When we went to press last week the
case of Pearlstine against Insurance
Companies was being tried. 1t was finish
ed Wednesday night, the trial consuming
the most of two days. The jury found
for the plaintiff after short deliberation.
Thursday court adjourned in order that
Judge Purdy might attend meeting of
the Circuit Judges in Columbia.
Friday the case of Willis against the
Southern Railway was tried the case also
consumed part of Saturday. The jury
found a verdict of $3.50 damages for the
plaintiff.
Court adjourned about one o'clock
Saturday, and Judge Purdy left the same
afternoon for his home in Sumter.
A motion for new trial in the Pearl
stine insurance case was argued Saturday
morning, and the Judge reserved his
decision.
The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1903-12-24
Wholesale Establishment at Denmark.

1t seems that Denmark is to have a
wholesale grocery established therein the
near future, according to the following
paragraph taken from the Columbia cor
respondence Of the News and Courier:
81. II. Moorehead, of Savannah, who
contemplates establishing a wholesale
grocery at Denmark, was in the city this
morning and called upon the railroad
commission with view to obtaining Co.
lumbia rates on freight shipped to that
point. The commission has no authority
to fix rates on Interstate goods, and Mr..
Moorehead wished the commission to take
up the matter with the Interstate COM
merce commission. The latter body how
ever, has nothing to do with the fixing of
rates and can only see that there is no
exorbitant charges"
The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1903-12-24
Death of Mr.. r. s. Howell.

Mr.. R. S. Howell, a most estimable
young man, died at the home of his par.
ents in St. George last Friday afternoon
at four o'clock. he had lived in Bambere
for the past year and clerked in the store
of L. A. Klauber. Mr.. Howell was tax
en- sick on Saturday before his death, and
had gone to his home at St. George Wed
nesday morning. Pneumonia was the
cause of his death. he had weak lungs
and this was his third attack of pneu'
monia.
The burial took place at St. George
Sunday morning. Mr.. Howell had made
many friends in Bamberg, and there is
much sorrow over his untimely death
He was about IS years old and unmarried
The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1903-12-24
.
Notice to Confederate Pensioners.

will be in the Auditors office every
Saturday in January, 1904, for the purpose
of writing up applications for those who
wish to 90 before the county board, which
meets first Monday in February, 1904,
and give all other instructions that may
be necessary, and all those already on the
pension roll will report in person or by
mail. C.. R. CLAYTON,
Pension Commissioner.