davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-30

Brief Claiming That Territorial Officials Passed
On the Right to Sell Liquor Without
License Long Time Ago.

The brief of United States District
Attorney Breckons, w. A Whitney
r.. A. Wilder and W. L. Stanley, at
torneys for the Pacific Club in the
agreed proceeding to test the right of
the club to sell liquor to its members
without paying a regular liquor Ii
cense, has been filed with District Ma
gistrate whitney. After a long re-
cital of the law governing the issu-
ehce of licenses, the attorneys say:
at appears to be well settled rule
that the conteTnporaneous construction
OF &. statute by those who are charged
with it's execution. especially when it
has long prevailed is entitled to great
weight and should not be disregarded
or overturned except for cogent rea-
sons and unless it be clear that such
construction is erroneous.
''Under the agreed statement of facts
IN this case, it appears that the Paci-
fic Club has. for a great many years,
supplied spurious liquors to its MEM
bers. 1t appears that in 1901 the meth
cd of supplying such liquor was
changed. but the court will readily see
that the change was not one affecting
the legality or illegality of the act of
the club. 1t further appears that dur
ing these years the club numbered
amongst its members most of the high
officials of the Republic and of the Ter
ritory. While the Republic was in eX-
istence. Judge Dole. the President. and
the officer charged with the execution /
of the laws. was a member of the club
and fully cognizant of the fact that
LIQUOR was being supplied to it's mem !
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-30

bers When therefore, he took nc
steps to require the club to pay Ii
cerse fee or TO punish it for so sup
flying liquors, he construed the law
to mean that no such license was re-
qrired
The same may be said of Attorney
General w o. Smith, of High Sheriff
Brown and of Governor George r.
Carter. The agreed statement of facts
gees further than this, since it shows
that many members of the legislature
were likewise members of the club.
With full knowledge that liquor was
being supplied to members, these
members of the legislature permitted
the law to remain as it was
Mr.. Breckons then quotes a decision
OF the New York Court of Appeals in
the Adelphi club case, as follows; IN
this connection the construction placed
upon a statute penal in charactec by
public officials charged with the duty
OF executing its provisions for many
years, may properly be considered in
determining the legislative intent
The brief then continues: Applying
the language of this opinion to the
case al bar. we ask. was it intended
Ihat the ulStrlDutloh OF liquors pS ehe
Pacific Club amongst its members
Should be a sale or business within
the contemplation of the statute? We
answer. ii so, Judge Dole, Attorney
General Smith, Governor Carter. Figh
Sheriff Brown, and many other officers.
judges of the Supreme Court
and members of the legislature, have
ne elected their official duties.
I'm view of the construction so placed
on the statute by high officials of the
Territory and of the Republic, and in
continued on page 3D.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-30
OAHU MEN
WILL CAUCUS
Street Politicians Begin
ming to Talk About
Speakership.

| The Oahu members of the legislature
and any other members who may be
in Honolulu at the time, viii meet in
caucus at Republican headquarters. on
Tcrt street this evening at o'clock.
The same matters that were taken up
a. the last caucus meeting will be
considered, namely the proposed coun-
ty government bill and the matter of
keering the pledges of the party made
before election so far as the reduction
of taxes and other reform legislation
IS concerned.
So far as the Speakership and the
organization of the two branches of
the legislature is concerned, that viii
in all probabi be ignored at to-
nights meeting, as it was at the last.
Nevertheless, it is a matter in which
the public is beginning TO take most de-
cidsd interest as thedate for the meeting
of the legislature draws closer. 1t is
the general belief of the Honolulu wise
guys and the geographical politicians,
that there is small chance of the cleo
tior of Mr. Knudsen of Kauai TO the
spea kership, although the Garden Is
ISiAt SldlESlildn may nave SOiAt 1AAAA-
cdlty in seeing it that way. In fact,
the way that it is cast up now, it is
difficult TO see where Knudsen will get
any support excepting from Kauai.
of Hawaii it is believed, win
get the eight votes of Hawaii. and
perhaps two from Maui. Carlos Long
of Oahu will get enough of the balance
OF the Maui vote and enough from Oa~
hu 10 give him ten, also. Then the
question arises, can Knudsen hold the
ctter Oahu men? 1t is not believed
by those in the know that he can for
very long. It is this belief in the pros 4
pective weakness of Knudsen that +
Isnds strength to the candidacy Of w. T
". Harris. for whom it is probably
lrr. that either the Long or Hoistein
nen would go rather than to either OF
the others.
And so the situation stands. None
IF the really aggressive candidates in
the field is strong enough to get the
plum. Harris is known as a fair man.
whc would deal justly with all par
lies. and at present has the good viii
If all.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-30
OVERLOOKS
COMMITTEE
Chairman Robertson
Whole Thing In
Correspondence.

So far as the Republican Territorial
Executive Committee is concerned,
! that body has no official knowledge
that it has been in CORE spondence with
Governor Carter relative to the pres
ence of office-holders in positions of
party control. And thereby hangs a
state of facts that is likely to have re-
suits not comfortable for the faction
oe the malcontents. and perhaps espe-
ciaIly for Mr. Alex. Robertson, chair
man OF the Executive Committee. For
the whole town knows that Governor
Carter has been in correspondence
with the committee. The correspon-
dence, in fact, has been in measure
CO rried on through the newspapers.
And yet, other than as component
parts of the great public. the mem
bers of the committee do not know any
thing whatever about it.
The correspondence has not been
shcwn TO the committeeman, as COM
Hitteemen. They have had no meet
ing to consider any letter from the
Governor, nor have they been called
together to frame any reply to be sent
II any letter from the Governor. In
fact, the Governors letter was ad- t
dressed to Mr.. Robertson as chairman
os the Territorial Committee Mr.. Rob- {
ell son gave the letter to the newspa-
rers, the Governor refusing TO give it
OUT without the consent of the gentle
man TO whom it was addressed. To
that letter. addressed to him as chair
nan Of the committee. Mr.. Robertson
rerlied. signing himself. according to
the published copies. as Chairman of
the Committee, and that letter was
likewise published
And all this without meeting of
the committee. and without official
notification TO the members OF the
committee that suerr a correspondence
was proceeding. Upon all of which
counts there IS muttering among the
in derogation Of the
ecurse which the chairman has seen
it to pursue.
Why said an aggrieved member
= the Central Committee yesterday
Tt is not even treating us with COM
CONTINUED on Page 81
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-30

America. was a duly qualified can
didate for the same office, and one
Charles K Motley was also candi-
date at said election for said Office.
You are further notified that after
wards. to wit: on the 29th day of No
veInber. 1904. the canvassing board as
required by law declared the result of
said election. announcing that there
had been cast 1890 votes for said Of
fee, and that of these. $3.50 had been
counted for you. and 1858 for me, and
22S9 for Motley, and that you had re-
ceived the greatest number of votes
and had been elected to said office;
CONTINUED on Page %
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-30
DR.. LYMAN Abbott Creates Sen
sation In Religious
Circles.

NEW YORK, Dec. Io.-Has Rev DR.. Lyman Abbott
away Christian theology? is the question
cergymen of every denomination were asking today In
making his Harvard students yesterday Dr.
Abbott confessed that he expected to be branded hereto
"I if you students in Harvard will understand
when say that longer believe in great first cause?
said Dr. Abbott My God great and force
which manifest in all the activities of and all the
workings believe in God who in and through
and of everything absentee God, whom
reach through bible priest other outside aid
but God who is closer than hands feet"
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-30

Curtis P. Iaukea VS.. Jonah K. Kala-
nianaoie-Notice of Contest of
Z Election.
To Jonah K. Kalanianaole, Esq.
Sir: You are hereby notified that at
the general election held on the eighth
day of Novembe&, A d. 1904, at and
within the Territory of Hawaii, at
which said eiection you We're a candi-
date for the office of delegate to the
seth Congress Of the House of Repre-
sentatives of the United States of
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-30
DEPEW THE VICTOR.

NEW YORK, Dec so-senator Depew will be reelected
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-30
TOXIC WELCOMES ADMIRALs.
THE RUSSIAN VERSION.

ST. PETERSBURG Dec. so--The capture Rihungshan
only the Japanese control of beyond the principal
Kekwan HILL leaving Russian defences
unbr
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-30
JAPAN'S SHIPS
ARE OFF JAVA
(Assoo1ATED PRESS oABnEaRAMsJ

(AssooIATED PRESS oABLEaRAMsl
BATAVIA, Java Dec 3o-Japanese warships passed
Anjer their way
TOXIC WELCOMES ADM1RALs
TOXIC so-Adn1irals Togo being
Enthusiastically received. The city en-fete.
FoKTY-THREE GUNS TAKEN
TOXIC Dec so-Foy-three guns were captured with Rh
1ungshan
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-30
GOV. CARTER'S REPORT.

WASHINGTON Dec 3o-Hawaiian report
urges provide
for the Territory also the removal of restrictions the
agricultural lands and the organization of the
counties and municipalities.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-30

SACRAMENTO, Dec so-Another outbreak has occurred
Folsom Three prisoners fatally
guard hurt
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-30
COL. |AUKEA BEGINS HIS
CONTEST IN WASHING TON

The of Kuho in Congress has been Nothing
said about when the papers forward for
which December The papers
about the They served personally and by mail
place being
within the 3oday limit Following copy of the notice
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-30
ADDlCKS ONCE MORE.

DOVER, DEL 8o-oping faction fight the Legis-
S unable organize.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-30

Before the 59th Congress of the House
OF Representatives of the United
States of America.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-30
FIGHTING EURoPEs BATTLES.

BERLIN Dec 3-The conviction prevailing highest
Governmental fighting all of Europe
present increasing strength affecting Geranys
attitude the belgerens endness
Russia and her GOODNESS towards Japan with Russian
The Government the Associated Press is informed
correspondence China showing Japanese
agents penetrating into every of the Chinese dis
the Aacs that European has rights in its territory
the that Japan fighting for all Asia
forcing An opinion amounting certainty holds the
directing Geranys policy that the uprising
similar popular against the foreigners in China will
by Japanese laying
Orienta Empire that might reach to the Urals.
AFTERNOON REPORT.
MOSCOW, Dec aeThe Japanese accused of enisting
Chinese to fight against Russia.
TOXIC Dec. aeThe Japanese heavily eecting the
capture the Rhlung being The garrison of
escaped The the attacking
Arthur S close o the Liaot mountain.
WASHINGTON December 2oth 1904
Japanese Consul General, Honolulu:
Our Port Arthur beeaguering reports follows The
left and of Wednesday blew
parapet of Ulunghan then occupied paape
assault and constructed defensive works Under the of
heavy and field and despite the fire.
assaulted the line of heavy guns
hereupon proceeded the ( of the
eventually dslodged after resistance
whole of Ulungshan fell into hands m"
TAKAHIRA.
Douglas Island news., 1904-02-10

And so one F. D. Wells is slated to
 become memb of the Repu ublican central committee from Rampant. One E. M. Barnes had the proxies of three alleged delegates from Rampant in his pocket at the convention at Juneam which he said he was authorized to vote. Who nominated and elected these delegates?-when?-where?--who? No one in Rampant knows anything about this man Wells-or Barnes either, for that matter. This is one of the many reasons just why Alaska is going to get left. Delegates attend these al, legged conventions claiming to represent a section or people who know noth- ing about the man ormen who so glbly misrepresent them. The people ofRam- part are getting tired of this state of affairs, and, through long-sufering, may take broom and clean out Wells on one hand and Brady and his dark lantern political club on the other Neither represent the people of Ram part-Forum.
Douglas Island news., 1904-02-10

Full concurrence in the erecommenda- tions of Maj. John Mills, United States corps of engineers, respecting the i'm provement of Wrangell Narrows, as published in the Post-Intelligencer several months ago, is given by Sec retary of War Root in his report to congress, Secretary Root recommends the improvement of the Narrows, which constitute one of the most diff cult stretches of water on the inside passage to Lynn canal. The surveys made by assistant engineers under the direction of Maj. Mills provide for an expenditure of about S1,60o,000 in widening snd deepening the channel, which in its present condition carries rocks and reefs dangerous to naviga- tion. There are on an average twelve vessels plying between Lynn Canal and this port, every one of which has to run Wrangell Narrows going and coming. Brig. Gen. Gillespie, chief of engineers of the United States army, submitting the report of Maj. Mills to Secretary Root, in part says: Wrangell Narrows is narrow passage about twenty-one miles long on the regular route taken by vessels running to points in South eastern Alaska from the Pacific ports of the United States. The available depth at low water is not over ten feet, and all vessels of the larger class using this route are compelled to wait for favorable stage of the tide, which has range at this point of about twenty-one feet. Vessels too large to use the mar rows are obliged to make detour which increases the sailing distance by about ninety miles. As a result of the survey made during the past season, Maj. Mills expresses the opinion that the improvement of the locality is justi- fled by the commercial interests in volved. The plan of improvement pro- posed by him Is to secure a channel twenty feet deep at low water at an estimated cost of s1.oO0,0O0. In for warding the survey report to this office the division engineer, Lieut.. Col. w. H. Heuer, corps of engineers, states that the shoals of Wrangell Narrows are a menace to life and property, and, ia view of the large and growing travel and commerce to Alaska, should be removed.-P. l.
Douglas Island news., 1904-02-10

By establishing line direct from Se- attle to Valdez and sending the vessels by way of the outside passage, the Al aska Pacific Navigation Company hopes to lower the present schedule between Puget Sound and ports to the westward by at least seven days. Heretofore it has taken the Valdez vessels from twen- ty-three to thirty days to make the round trip, The boats have all taken the inside passage as far as Juneau, and after calling at Sitka have kept we'll out into the Pacific Ocean until Valdez is reached.
Douglas Island news., 1904-02-10
A View of Africa.

George Fl. Burke, of Dawson, accom- panied by Mrs. Burke, has reached the city after an extended tour around the world, says the Seattle Times. Mir. and Mrs. Burke left Seattle year ago last September and have been travelling al. most continuously ever since.
 A greater portion of the time was spent in Africa. They visited every city ofany importance in that country. MT. Burke outfitted a wagon while there and tried his hand at mining. He feels that be would have met with fair degree of success had the jungle fever not overtaken him. He said this morn ing:
 "Africa is not a good place for the young man. Living is high there and the country is overrun with people as it is. A man stands chance to make a stake in mining if he has lots of money behind him. The mining laws are very strict and fellow has to pay S65 per month per claim, no matter whether he is working the claim or not.
 "The 'niggers' make it almost impos- sible for young man to get along in Africa. You can hire them for one pound per month, while it costs little of anything to keep them. In Cape Town, for instance, a man with bunch of 'niggers' simply drives them into a big corral and there they stay. They are fed meat once a week. Every day they cook up big iron potful of cortmeal and eat that. That is all the food they require or want.
 "We went all through Egypt, Pales- tine and Jerusalem, as we'll as through Europe. But I'm going back to Dawson now. Expect to sail Thursday on the Dolphin. Yes. old Dawson, with all its ice and snow, is good enough for me. l have long wanted to go to Africa, and am satisfied with my experience. will be glad when we get back home"
 The Valparaiso mine at Dolomi will resume operations as soon as more ma- chinery arrives from tbe south.
Douglas Island news., 1904-02-10
At the Worlds Fair.

Al lIlS w OTIS - dns
 Wilson Foster, president of the White Channel Quartz Company of Dawson, is preparing collection of minerals to be on exhibition in the Canadian Building during the St. Louis Fair. He has spent considerable time in collecting this exhibit and Dawson citizens say that it is one of the best ever shown from any mining camp.
 His collection of 10000 specimens in- cludes gold nuggets, gold-bearing quartz, minerals and precious stones, including rubies, sapphire, topaz, ann ethest, garnet and other valuable min erals. It is d personal collection of minerals and is valued at from SS,OOO to SlO,OOO. By the time he reaches the fair it will be greatly increased by new additions. He has prospected and de- veloped the quartz of the Klondike for more than five years, having invested in the meantime fortune in the de- velopment of his properties. He has uncovered millions of dollars worth of ore, which is now in sight.
 Mir. Fosters outfit will consist of more than 1000 separate boxes, treas ure chests, iron, bound trunks and fire proof packages, which will be continu- ally under the eye of the Mounted Po- lice until it reaches American territory, and by the American police and per sonal body guards, who will accompany Mir. Foster on his trip. These precau- tions will be taken on account of the fact that the treasure being shipped will be somewhat bulky and may reach the value of S5O,OOO or more by the time for shipment.
 Mir. Foster has agreed to make pub lie exhibition of the main portion of this valuable collection at Seattle in some public place, for the benefit of the people and to advertise the Yukon Territory. This exhibit will be free, or the funds received will go towards ad vertising the Yukon exhibit at the Worlds Fair by means of printed books or pamphlets, including illustrations of the entire route, including Seattle, Skagway and Whitehorse.
 These booklets will be given away to people at the Worlds Fair, and will contain statistics of outputs and every thing of interest to draw capital through Seattle to Skagway, White horse and Dawson, as we'll as the entire Yukon and Alaska. The first edition will be not less than 100000, and it is calculated to increase this number by following editions to at least 100000 copies during the Worlds Fair.
 Mir. Foster will exhibit bis valuable collection in Seattle upon it's arrival there, and the proceeds will be used in an effort to advertise the section and it's resources at the St. Louis Fair. The Yukon citizens also ask that the busi- ness men of Seattle contribute to the fund that is to be raised in keeping this fine collection of minerals on ex- hibition. It is promised that when Mir. Foster arrives that the people of Seattle will see one of the best mineral exhibits of Alaska products ever given to the public.
Douglas Island news., 1904-02-10

The Valparaiso mine at Dolomi will resume operations as soon as more ma- chiuery arrives from tbe south.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-12-25
#PoWjHAT n r 1NT';s.
3il - -. i3I.

8aS BALKAN, 8. .,8 81 aelnbeer t,-ca dots
Ohio Il. Kean, OF s.:'IIo ge A1emorlal Acad-5
Gemy,t&and Mr.. James 3. 81 Terguson, OF
fork Union Acade y are 81 ending the
holidays with their parents, !f5 IN
ss5 Miss Louise Irwin has turned home
after a pleasant yis!tsto friends III Rich -
Gmond, Sla ". 81 E ss ll3igSi
O. Hon. w. B. wv, Brooking vi leave Z, j on t
Monday for Arlington, Va. to attend the,
$Brooking- ri fitzpatrick nuptials.s
@ Mr. Fred Irwin, al '.kni s ut OF the gri
Il is homo to spend the hol days. 5
DR., nd Mrs. j. j, Ander son,So Il en- L
vile, spent Saturday wi tn relatives We here
en- route to Richmond, ! where 81 hey VII be
the guests OF Mrs, Cat Inc Anderson q {
No. 1906 Grove Avenue. s
gg Mrs, Emma Henry FERGUSON, y no has as
srbeen spending several weeks IN u, lynch
burg Is home again, ,.
3 Mr. Harry irwin and VI 70, 8ot R l'.I'l1
5nond, are tho guests Of relati YesI ct
H''Blythewood Hall y &. Nj, slf,
Invitations have been ce!yed here TO
tho marriage OF Mr.. Iynwood Brook 81;
aofs this place. and Miss Mabel II tzpa trick.
81 Arringt on, Va. Miss FItzpatric Is the
daughter Of Mr.. " tier Carrln ton Fits
patrick, ana Ia n great nlece Of the . late
wv, q, Darlington, who, for number q E
years 4 was Mayor OF r chmond Mr..
9Brooklng Is the son OF Hon. NJ. g. W.,
RBrook!ng s.s "a d ~ Il s.$ s ifS