davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01
GEORGE DAVIS

With reference to the amendments to
the Act to Provide a Government for
the Territory of Hawaii" introduced
by Senator Mitchell, which affects the
procedure and right of appeal from the
Hawaiian courts, I am of opinion that
appeals from the Supreme Court Of the
Territory OF Hawaii to the United
States Supreme Court, where the
amount involved exceeds $1,000. should
pass. Any citizen who feels himself
aggrieved by an adverse decision
should have the right to be heard be-
fore a court of last resort. AS to the
amendment affecting the appointment
of judges, it certainly does not seem
right that citizens of other states and
territories should be nominated and
appointed to the judicial positions in
this Territory. 1t is wrong in princi-
pie, and no matter what dissatisfac-
ton may exist, this should be remedied
by the Bar Association making rec
concentrations to the appointing power.
GEO. A. DAVIS.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01
W. A. KINNEY.

II am opposed to both of the proposed
2mendments. Prompt and clean ad-
ministration of justice is necessary TO
the business success of any community.
This our people appreciate and it only
needs a partial understanding on their
part Of the tendencies of the proposed
legislation to set,this country at work to
defeat it. We have learned better than
tn sit down and expect Congress to de-
feat bad legislation without any assist
ance on our part. The overwhelming
majority of both houses of Congress
are friendly to us and very willing to
help us, but we must assist, we must
nelp ourselves and see to it that all the
facts are brought home to the fndivi-
dual members of Congress. Other
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01

During the negotiations which pre-
ceded the annexation of the Hawaiian
Islands to the United States of Amer
lea, it was maintained and conceded
that the Hawaiian people were enti-
tied to have greater privileges guaran-
teed to them by the Organic Act,
which was to be passed by Congress.
than had been given to the other, or
ganized Territories of the United States.
The powers of the Legislature to pass
general laws without the approval of
Congress-; the appointment of the chief
executive officers and members of
the judicial branch of the government
from residents OF the Territory, and
the right to have all legal questions,
not included within the jurisdiction of
the United States District Court, final
ly determined by our own courts, are
among the more important concessions
contained in the Organic Act We
have done nothing to forfeit these spe-
cial rights thus granted; we have en-
joyed the privileges of an independent
nation; why then. should we be belit-
tied by having strangers sent to govern
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01
A Lucky Find.

Great excitement prevailed at the
fish market early this morning, when
a monster shark, the largest ever seen
here, was brought in by some Jap
fishermen, who Immediately proceed
ed to cut the carcass UP. The dorsal
fin Of the sea monster, measured nearly
seventy-two inches, and will be pre-
scented to the Bishop Museum. But
the bystanders nearly went wild when
upon opening the stomach Of the shark
a variety of ships instruments and
sailors clothes were found. upon ex-
aiming the lining Of the stomach there
were also found several cards explain
ing the merits Of the Douglass Patent
Closet, sold by Bath the Plumber, and
guaranteed against leakage, and the
annoyance Of running water. Phone
Main 500.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01

AS long as we have Territorial SUI
preme Court of the high standing
which it has maintained in the past,
can see no practical reason for add
ing to the expense and delay Of litiga-
ton by allowing appeals on local ques-
tons. There has been some dissatis-
sions have. to be rendered by substitute
justices, in cases of disqualification
and absence, but an increase of the
number Of justices to five, as recon-
mended by the Bar Association would
obviate that difficulty. AS to APP
pointees from the mainland, no reason
whatever exists for such a retroactive
step,
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01
A. r. JUDD.

Hawaii as to it's Judiciary system is
classed with the states, and not with
the territories. 1t is the only territory
of the United States so organized. No
caprice or humor was responsible for
this, but recognition of the maturity
of our island civilization with its sixty
years of judicial presidents.
Any law that would take from Ha-
wall its present status of judicial home
rule and relegate this Territory to the
list of the other territories, would be
a step backward in the progress Of the
Government. There has never been
such a step yet in Hawaii's history.
Why should Congress force the step
now and for what reason?
. AI,RERT z IIIDD. I
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01
Sell British Colors.

Now that battleships and cruisers of
hammer" it may possibly be said
by the Philistine that there is nothing
remarkable in the fact that the battle
torn colors of a British regiment are to
be sold by public auction. Old men
of-war are disposed Of because they
take up much-peeded anchorage in the
naval harbors. No such excuse can
be made for the colors of regiment,
and that regiment, the famous Fifty
third, known today as the First Shrop-
shire Light Infantry. In almost ev-
cry cathedral, and in not a few parish
churches, the time-worn and cherished
emble1ns Of the territorial corps, which,
in their freshness, received on presen-
tation the impressive blessings of the
church, hang from the ancient walls,
a continual reminder not only of past
deeds of valor, out of the affection
with which such relics have always
been regarded by officers and men, of
the new courage which the sight of
the colors has put into many a faint
heart on the field of action, and the
many lives which have been sacrificed
in their defense. From feudal times
down to these unfeudal days, soldiers
have set great store by their colors.
It is no wonder that the news in
the Daily Telegraph of Monday, that
the old colors of the Fifty-third Regi-
ment are to form a Tot in an Edin-
burgh auction room on Saturday, has
attracted wide attention, not only in
Shrewsbury, the battalion's depot
town, but elsewhere.
At any rate, the emblem now on sale
was presented in 1874, within two years
of the regiment sailing for Canada. to
form part of Major General Burgoynes
force for the relief of Quebec, which
was then besieged by the Americans
under Benedict Arnold. The new col
ors, of course, crossed the Atlantic.
and were with the regiment when it
helped to save Canada After the
Americans had all been driven out
of the Dominion, the Fifty-third was
one of the regiments which, after
some fighting at Ticonderoga, sent
some of the companies to invade the
revolted States, and met disaster. Day
after day and week after week they
were continually marching and fight
ing, and in September, 1777, while three
of the companies, with quantity of
stores. were on Lake George they were
surprised by the Americans and cap
tured. Major ]. H. Lawrence-Archer
in his history of the battalion, sums
up the narrative of the flank compan-
les, which entered the States with the
remark that "incessant toll and hard
ship had reduced the force to such
an extent that it laid down its arms"
Honorable ]. w. Fortescue in his vol
ume on the British Army, however,
merely records that they were sur
prised and captured. At any rate, it
is reported that during the war the
colors were cut off the poles by an
officer and concealed about his person,
so as to prevent their falling into the
hands of the enemy-London Tele-
graph.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01
CONTINUED from Page 81

publican party of insincerity in this, as
IN many other supposed articles of
faith, and the passage of the Mitchell
amendments will demonstrate such in
sincerity, beyond doubt. 1t looks as
though that party regards political
platforms as something intended for
use in gaining election to the offices,
cot to stand upon after election.
It is absurd and insulting to claim
that our local bar, for example, is not
4ully equal to the supply of all de-
nlands for judicial appointments like
provided with home talent of suitable
ealibre, what possible excuse can there
be for importing men to sit in judg-
ment upon us? The fact that every U.
S. Senator has constituents who are
cIamorous for such appointments is
not sufficient answer to our objec-
ton.
But the proposed extension of the
right to carry suits, upon writs OF
error, from our Supreme Court to the
Federal Supreme Court is, I think,
worthy Of support. 1t can scarcely be
doubted that where an appellate court
has no check upon it's action, nor any
court of review this side Of the Throne
of God, such independence is calcu-
lated to affect judges of moderate
ca1ibre with a pride Of opinion which,
In some cases, may result in improper
decisions. 1t is my belief that our
Hawaiian Reports are not free from
evidences of this tendency. I there
fore welcome any extension of the
right of review, in legal matters, but
do not think the proposed Mitchell
amendments either sufficient or con-
sistent. There is surely no higher right
than that no man shall be deprived
OF life, liberty or property until he has
exhausted all measures of defence; yet
the proposed amendments do not ex-
tend to criminal matters at all.
c. w. ASHFORD.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01
A. G. M. ROBERTSON.

The amendments to our Organic Act
Mitchell are, in my opinion, steps back
ward. His bill to amend certain Sec
lions of the Act which at present re-
uuire that the Governor and Secretary
and the Justices of the Supreme Court
shall be appointed from among the citi-
zens of this Territory would. if enacted
into law, pave the way to carpet-bag-
ging and be clear encouragement to
the young men of the Territory whose
legitimate ambitions may lead them to
aspire to the honors of any of the offices
referred to. The proposed law to pro-
vide for appeals from our Supreme
Court to the Supreme Court of
the United States is not less
Objectionable. While such law might
work to the advantage of few wealthy
corporations ard individuals who could
afford the expense of such an appeal
and thereby tire out the opposing liti-
giant, il would be a distinct disadvan-
tage to persons of not considerably
more than average means. Cases in
volving questions under the Constitu-
ton and the laws of the United States
may now be taken up by writ of error
and there seems to be no necessity of
including ordinary local litigation even
if the amount involved be large. And
why should the National Supreme
Court, with it's already congested calen-
dar, be bothered with passing on and
settling our purely domestic troubles
A. G. NJ. ROBERTSON.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01
OIL FOR THE BODY

You can't lose an atom
without feeling it. The body
is like an engine, a watch,
a machine; must be kept in
good order to run right.
That's the reason SCOTS
Emulsion is SO successful in
all wasting diseases. It feeds.
Enourishes and strengthens
when ordinary food won't.
Doctors say SCOTS Emal-
sion is the best nourishment
for those who are not as well
IS they should be.
We use the whole oil in
SCOTS Emulsion because the
great reputation of cod liver
oil as a food and medicine
was made by using it in. this
way. Substitutes in the shape
Of wines, cordials, extracts,
ETC., should be carefully
avoided.
Wen send you sample free upon request.
scott & BOVINE, 4oe Pearl Street, New York.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01
A. A. WILDER.

I am heartily opposed to amending
the Organic Act so as to allow (D writs
of error to and appeals from the deci-
sions of our Supreme Court in cases
involving over s5OOo, and ca others
than citizens being appointed to terri
torial offices. To pass those amend
ments would be a step backward, TAX
ing away certain privileges we now
have and giving us instead something
far worse. / believe in progression and
not retrogression.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01
NOTICE.

ANY WOMAN OR GIRL NEEDING
help or advice, is invited to commune
cate. either in person or by letter, with
Ensign Nora M. Underhill, matron of
the Salvation Army Woman's Indus
trial Home, Young street, between Ar
tesian and McCully streets, mauka
side, Honolulu.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01

peaIs to the Supreme Court OF the Unit
ed States: litigation is slow and ex-
pensive at best and while in one case
out of ten justice might be done by per-
hitting such appeals, in the other nine
it would mean the triumph of the rich
litigant over the poor man.
WADE WARREN THAYER.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01
SIDNEY NJ. BALLoU
HENRY e. HIGHTON.

Having been for a year and a half
member of the Hawaiian Bar, I deem
it my duty to answer, through you,
tie two questions submitted to me
in relation to certain amendments to
the Organic Act of this Territory,
proposed by Senator Mitchell of Ore
gon.
l. The first of these amendments, to
which my attention has been thus di-
rected, broadens the existing law re-
yspecting members of the Supreme
Court of this Territory, so as to render
any citizen of the United States eligi-
BILE who is otherwise qualified.
l am opposed to this amendment for
reasons growing out of the unique con-
ditions prevailing in Hawaii On the
mainland, territories have been almost
uniformly established in localities sub
stantially virgin, to the population Of
which the whole Union has contribu-
ted. This was the case with the
Northwestern Territory, with the &C
QUESTION under the Treaty of Guada-
lupe Hidalgo, with the Gadsden Pur-
chase and with Alaska. The propo-
sition requires slight modification in
respect to Louisiana and Florida an
nexations; but the State of Louisiana,
where the civil law still prevails, was
small part of that territorial expan-
sion, and, in all the remainder and
practically in Florida, it is correct.
When a territory is organized in an
uninhabited or very sparsely inhabi-
ted region, as in Utah, Nevada, Ari-
iona, New Mexico, Oregon, Washing
ton, and numerous other parts of the
United States, and is built up by the
combined efforts of the American peo-
pie. while the transitional condition ex-
lists it is manifest that the argument in
support of the amendment would have
great force.
HAWAIIS UNIQUE POSITION.
But the situation in Hawaii is not
only structurally but fundamentally
different. When these Islands were
taken over by the United States, they
were annexed under circumstances for
which there was no precedent in our
former history. The population apart
from transitory alterations constitu-
ted an orderly and law-abiding COM
munity, of various races, that had ex-
lsted for many years, under the mon
archy and under the republic, where
Justice had to be administered under a
state of facts, unparalleled on the
mainland, and within a limited and d.
versified area, where production was
tropical and required peculiar treat
ment, and where rights, especially to
iand and water, were rooted in usages.
customs and legislation that were
adapted to the soil and the inhabi-
tants. In this exceptional state of the
case, the common law, with essentia.
notifications, had been applied for
generations, and a system of juris-
prudence. essentially of American and
British extraction, was in process of
development, which, if and when per-
fected, ought to satisfy all local re-
quirements.
LOCAL EXPERIENCE NEEDED.
From this rough outline of conditions
as they appear to me, it follows that
am unable to perceive how any man,
however able and well educated, can
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01
T. M'cANrs STEWART.

I am in favor of each community
governing itself. / think that local
people understand one another, and
know the common feelings, wants,
aspirations as strangers can not do.
OF course, there may be here and there
an exceptional individual, who is able
to come into a community and become
one with it by quick absorption of its
spirit; but my general proposition Is
true. am, therefore, opposed to Sena-
tor MitchelPs amendment empowering
the President to appoint our judges
from the mainland. favor fighting
iife's battles right out here; and, If l
could have my way, I would have our
political conventions nominate to the
President every official whom he ap-
points to public place in our Terri
tory.
I am also opposed to Senator Mitch
ellis amendment allowing general APP
peaIs from our Supreme Court to the
u. S. Circuit Court of Appeals, which
sits at San Francisco, Or to the Su-
preme Court, at Washington. I have
already had to follow appeals to San
Francisco from our U. S. District Court
here; and, because of the expense in
volved, have found that it is a great
hardship upon poor itigants. The cor
porations, and people of means can
stand it; but to the poor it is prac-
teal denial of justice. A poor man
could not afford to prosecute an APP
peal, and when one is taken against
him, he has to rely upon the court for
protection, as he is compelled to let
it go by default.
Let us make sure that our court of
final resort here is composed of judges,
who fear God, and love to do justice,
and we shall have no cause for COM
plant.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01

The Conversational Nuisance.-"I
went to California" said the distin-
guished western man, 'tas forty-nin-
err"
Dear mel" rejoined the very an
moving girl Were you marked down
from ffty?"-The Washington Star.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01

and judge us? To have the final de-
examinations of our local laws and con-
troversies placed at Washington, would
be an entirely unnecessary hardship.
HENRY F. COOPER
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01
HONOLULU LAWYERS ON
MITCHELL AMENDMENTS


wise, with the best of intentions Con-
gress may from time to time do US seri-
Gus injury. The movement initiated by
the Bar Association to defeat the pro-
posed amendments should be promptly
and effectuaIly backed by the whole
community. We have no right to as
sumo that Mitchells bill will defeat it
self; we must make sure that it is de-
feated. w. A. KINNEY.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01

Sole agents for the celebrated Jewel
Stoves and the Quincy Refrigerators.
ss-s7 King Street Honolulu
Our Holiday display is nearing COM
pletion. A greater assortment of Solid
silverware and Cut Glass has never be-
fore been seen here.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01
II E COOPER.

HENRY E. HIGHToN.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01
W. W. DimOnd & Co., Ltd.

Dealers in Household
Necessities.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01
S. N. BALLOU.

T. McANTs STEWART
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-14

Philadelphia Telegraph.
She was as green as the grass that grew
In the spacious lawn surrounding the large
country home or the prominent banker. 1t
was her first day OF duty, and a ring at
the front door bell found her agile and
prompt For she was determined to make
q good showing. and was not long In re-
turning from her trip to the door to the
dining room. where the family were gath
cred at their evening meal.
"yho was at the door," queried her
mistress, upon her appearance.
s.shure an IL WIZ someone To see Miss
Lucy" was the response.
''But didn't you ask the visitor his
namer
And now do ye think Oh would be SO
fmpolite as TO ask Miss -Lucy's company
their manner"
And ever since she has been wondering
why she only held her place in thu coun-
try one day.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-14

a race for life on a limited train, there is
a burning railroad bridge. foaming river.
all forming backgrounds for heroic action.
The chief character is a young engineer,
who is the victim of all sorts of plots by
jealous men on the road, and the cast Is
made up of railr0aders or high and low
degree. The company also includes a half
dozen more women, the romance being
In the hands of Rita Vilers. Mamie Lin
coin Pixley will give number of special
ties.
Robert Edeson will make his second APP
pearance in this city as star next
Wednesday afternoon and evening in Au-
gustus Thomas's stage version of Richard
Harding Davis's story, Soldiers of For
tune" The play Is now in its third sue
cessful season having been presented in
the principal cities of the country last year
and having had run of $50 nights in New
York the first season that il was presented.
The story of the play. which has to do with
a revolutionary uprising in South America,
is a very exciting one. with pretty love
affair INTRODUCED Mr.; Edes sS,, enacts a
and his manager, Henry Il. Harris. has
surrounded him with a very capable COM
pany. The seats for this engagement are
now on sale at English's box office.
XXX
The attraction at the Empire for the
week, opening with the usual matinee this
afternoon. will be Harry W. williams's
Imperial Burlesquers." The company,
which is well known to Empire patrons, is
headed by Edna Urine. pretty singer
and dancer. and Arthur Byron. who has
won a reputation as an impersonator OF
'.chappies" Two musical travesties will
be given, made up principally of pretty
musical numbers rendered by the chorus
girls and comedy scenes by the funmakers
of the company and an olio of vaudeville
specialties will be offered by Byron and
Langdon, Pattie Carney, Evans and st.
John, Cain and Moore and Cliff Gordon.
New York will have its first view OF
Charles Majors new play to-night-or, ra-
Their, the play made from the Indiana au-
thor's romantic story, Dorothy Vernon, OF
Haddon Hall" Bertha Galland has been
playing the new piece, dramatized from the
book by Paul Hester. In some OF the smaller
Eastern cities, and is credited with making
a great success In ii. This handsome and
talented young actress opens her metropoli-
tan engagement this evening at the New
York Theater and much depends upon the
verdict of the critics tomorrow morning
There have been but few successes I'm New
York this season and Miss Galland and
Mr.. Major are naturally a wee bit nervous.
This weeks bill at the Unique will be
much better than the one of last week. ac-
cording to Manager Ralph Thorbus. Os-
born and Daley will present comedy
sketch. Nasmyth and Melrose Will be seen
In new speciality, Harry Newman. the
comedian. will give an up-to-date act, and
q complete new set Of moving pictures will
be displayed by the biograph.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-14
Menu for a Day.

Suggestions furnished by Table Talk To
of moderate means:
breakfast
Fruit.
Wheat Crystals. Sugar and Cream.
Corned Beef Hash with Eggs.
Pop Overs. Coffee.
Lunch.
Hominy and Split Pea PURGE.
Baked Bananas. Tea.
Dinner
Creamy Soup with Croutons
Saint Of Duck Baby Olives
Sweet Potato CroQuettes. Beets
watercress French Dressing
Waters. Cheese.
Baked Indian Pudding.
Coffee.