davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1904-12-13

PREFACE TO THE FUNDAMENTAL
LAW OF HAWAII.
Congress has expressly enacted law
organizing Hawaii into a Territory,
and extended the provisions of the
United States Constitution to the Ter
ritory.
In a restricted sense, therefore, the
United States Constitution and the Or
ganic Act constitute Hawaiis funda-
mental law; but the Organic Act
specifically re-enacts the great body of
pre-existing Hawaiian statute law,
which vas based upon the several Ha-
waiian Constitutions and organic laws.
A large proportion Of the law gov
erning real estate, property and per-
sonal rights in Hawaii being based up
on these early constitutions and laws;
and presidents, decisions and court
practice having grown out of them, 1t
is necessary to consult them in order
to have a comprehensive understand
ing of existing Hawaiian law. They
are nearly all published, however, in
books now out of print, and in scattered
volumes, inaccessible to many, and in
conveniently located for all. In fact,
not even practicing lawyers in Hawaii
can, except at considerable Ivss of time,
place their hands on the laws ana SON.
situations necessary for the study and
decision of practical questions con-
tinually being presented to them.
Under these circumstances it is be-
lieved that the public interest requires
the re-pub ication in convenient refer
ence form Of what may be called 1.-The
fundamental law of Hawaii" To meet
this requirement the following con-
stitutions, laws and documents have
been compiled under the common title
of 1.-THE Fundamental Law of Hawaii"
viz:
/. The first Constitution of Kane
hameha III, 1910, including the pre-
viously issued Bill of Rights.
2. The first laws of Hawaii, enacted
under Kamehameha III, QS33-1S42).
published together in 1892
8. The law creating and principles
guiding the Land Commission.
4. The second Constitution of Ka-
mehameha III, 1852
The Hawaiian gazette., 1904-12-13
DR.. LYMAN
IS NO MORE
lilo Missionary Son
Who Won Fair
Fame.

Dr. Henry Muson Lyman. for many
years a prominent physician OF Chi
cago died Monday at his residence,
the Evanston Qll) Press of Nov. rs
says, 404 Lee street, after long Ill
ness. His funeral was held Wednes-
day afternoon at 3 o'clock at the
house, services being conducted by DIR.
]. f. Loba of the First Congregational
church and DR.. II. NJ. Scott OF the
Chicago Theological Seminary. The
pallbearers included a number of
physicians of Chicago with whom the
deceased had been intimately associat-
ed. Interment was at Rosehill.
Henry Lyman was born in Hilo, Ha-
wall, Nov. 26, 1885. His parents were
American missionaries who spent fifty
years in the work. He early became
very studious. At the age of years
he had read the bible through and
when he was years old he was IA
miliar with Greek and Latin.
In 1854 he-came to this country and
entered college. He was graduated
from williams College in 1858. and at
tended the Harvard Medical College.
Then followed a course at the College
of Physicians and Surgeons, New York,
which was completed with high hon.
ors. For a time he was physician at
the Bellevue hospital, New York.
He served as assistant surgeon in
the United States hospitals in Nash
Vile. Tenn, during the civil war, but
was compelled to resign on account of
i'll health and soon after, in October,
1868. came to Chicago, where he en-
gagged in the practice of medicine. For
years he was professor in Rush Medi-
cal College and on the staff of the Cook
county hospital. Later he was one of
the attending physicians at the Pres
byterian hospital and consulting ply
sician to the Hospital for Women and
Children and st. Joseph's hospital.
He was an honored member of many of
the leading medical societies in the
country.
DR.. Lyman was the author of numer-
Gus books on medical subjects, and a
contributor to medical magazines and
cyclopedias. Insomnia and the Dis
orders Of Sleep" is probably his best
known work.
He was highly esteemed, not only as
physician and author, but as Chris
tian gentleman. Three years ago DR..
Lyman was compelled to retire from
work on account of i'll health. He
came to Evanston about one year ago.
The deceased is survived by four
daughters-Miss Mary Lyman, Miss
Margaret Lyman and Mrs. Howard
Greer of Evanston. and Mrs. Day, wife
of Rev. William Horace Day, pastor
Of the First Congregational church at
Los Angeles, Cal.
The Hawaiian gazette., 1904-12-13

liquor business in Hilo will not renew
their license. The place is said to have
been run at a severe loss.
The wedding of Miss Frances Mary
Williamson to Donald McFattie Forbes
will take place at the residence of Mr.
and Mrs. John T. NOR on the morning
of December 29.
Antoine Oak, editor and publisher of
A Setta, the Portuguese weekly, enter
tanned a large crowd last Thursday aft
ernoon at luau at his home at Kau-
mana in commemoration of the Portu-
gese independence.
Mr. and Mrs. Ronald c. Kennedy
accompanied Mrs. Kennedy's mother,
Mrs Robt. Hawxhurst, to Honolulu,
from whence the latter will shortly de-
part for San Francisco. Mr.. Kennedy
took with him his new auto car and
will remain in the capital city ten days
or longer.
After playing hide and seek with the
police for three weeks Lau Chan, the
Chinese who was sentenced to a years
Imprisonment for the theft of Panama
hat from l.. Turner Co. and escaped
jail the next day, decided to return and
was promptly captured.
A Japanese closely resembling the
man who killed his wife at the Rick
ard residence in Honokaa last January
was picked up in Kau last Friday and
brought to Hilo for identification. He
proved not to be the person wanted
and was returned to Kau on Monday.
The japanese who killed a fellow coun-
tryman in Kau two weeks ago was seen
in the vicinity of the Volcano House
last Thursday, but before he could be
apprehended he made his escape. He
is believed to have returned to the Kau
district.
Myrlads of grasshoppers can b. seen
nightly swarming about the street
lights and falling upon the pavements.
Their numbers are causing housewives
and planters some worry for their
plants.
Sub Land Agent Williams held a sale
of Kaiwik lots in front of the land Of
flee on Saturday last at noon. Two lots
in Kaiwiki and one in Ponahawaii were
offered. One of these went to Peter
Silva, the original holder, for the upset
price s239.50. Lot 49, Kaiwiki, upset
price $165.9O, was bought by John Pa
reira for 1915. There were no bids for
the Ponahawaii lot and 1t was not sold.
F. NJ. Bechtel U. S. immigration In
spector in Charge at Honolulu, was a
Hilo visitor Thursday, returning by
Fridays steamer.
There was an annual meeting of the
Hilo Burns Club held last week, when
the following officers were elected TO
serve during the coming year: Presi-
dent. George Wilson; vice-presldent
James Henderson; treasurer, Alexander
Frazer; secretary, James S. d. Mack
emile; master at arms, Robert Ramsay
There were the usual committees APP
pointed to arrange for celebration of
the anniversary of the poet on January
25. The newly elected officers will be-
gin their duties as officers of the club
on that date.
The Hawaiian gazette., 1904-12-13

g. The Constitution OF Kamehameha
V, 1864
6. The Constitution of Kalakaua.
1887.
Z. The Proclamation and orders Incl
dent to the establishment of the Provi-
sional Government, 1898.
8. The Constitution of the Republic
of Hawaii, 1894.
g. The treaty annexing Hawaii to
the United States, 1897.
10. The Resolution of the Hawaiian
Senate ratifying the annexation treaty,
1897.
II. The Joint Resolution of Congress
annexing Hawaii, 1898.
II. The documents and procedure in
cident to the transfer of the sovereign
ty and possession of Hawaii to the
United States, 1898; and the executive
orders of President Mckinley relating
to the government of Hawaii, issued
during the transition period between
the date of annexation and the pas
sage OF the Organic Act, 1s9s-1soO.
10. The Act of Congress organizing
Hawaii into Territory, 1900
The laws of 1912 are not "fundamen-
tai" in the sense that the constitutions
and other laws and documents are; but
they have been included herein for the
reason that they We're not only the first
written laws of Hawaii, but embodied
many of the pre-existing laws and GUS
toms of the country and therefore
throw strong light upon the origin
and development of much of the pres
ent law.
Only few of the laws, constitutions
and documents re-published have ever
been indeXed. A full index of all of
them is included herein. Instead Of one
general index, each is indexed separ-
ately. The reason for such treatment Is
that reference will usually be desired
to a given subject in some one law
or constitution. The subject sought
will be much easier found in the short
index of the particular law, than 1t
would have been in necessarily long
index of the whole.
The table of contents gives the page
of each constitution and law and OF its
index.
The Hawaiian gazette., 1904-12-13
Crying for Help
Lots of it in Honolulu But
Daily Growing
Less.

Backache Is one OF the first indica-
tons of kidney trouble.
1t is the kidneys first cry for help.
Heed it.
Doan's Backache Kidney Pills are
what is wanted.
Are just what overworked kidneys
need.
They strengthen and invigorate the
kidney: help them to do their work
never fail to cure any case of kidney
disease.
Reed the proof from a Honolulu citi-
zen.
Mr.. Charles Comey, of Cyclomere
street. this city, one of the many per-
sons who have tried Doan's Backache
Kidney Pills with great advantage, re-
lates his experience thus: L have been
a hack driver for number of years
past and this is AL occupation in
which, through exposure to weather
and much jumping up and down from
the vehicle, one Is particularly liable to
kidney complaint. / suffered myself
from a lame back for a long while, and
in my anxiety to get rid OF 1t tried
several things which did not reach the
root OF my trouble. An advertisement
acquainted me with what graz work
Doan's Backache Kidney Pills were
doing. and l got some of them at the
HOLSTER Drug Co.'S store. ! used them
and with very much profit, for they re-
lieved my back wonderfully"
Doan's Backache Kidney Pills are
for sale by all dealers or sent by mail
on receipt OF price. so cents per box
by the HOLSTER Drug Co., Honolulu,
wholesale agents for the Hawaiian
Islands.
Remember the name Doan's and take
no other.
The Hawaiian gazette., 1904-12-13
CAPTAIN SANOERS'S
AGED MOTHER DIES

Captain Sanders, pilot of honolulu
port, received news of his mother
death by the latest mail. The New Era
Of Norwich, Conn, of Friday, Novem-
Der %, contains the following obituary
Of the venerable lady:
Mrs. Ann w. Sanders, widow of the
late Captain ]. N. Sanders, died at her
home yesterday morning aged SO years,
after an illness of several years. The
deceased leaves two sons, C. C. San
ders of New York and NJ. n. Sanders
OF Honolulu, and one daughter, Mrs.
f. A. Arnold of this place"
The Hawaiian gazette., 1904-12-13
PROGRESSIVE
WA|LUKANS
improvement Associa-
ton Holds a Meeting.
Brevities.

WAILUKU. Dec. 1O.-The Improve
ment Association held it's monthly
meeting Thursday evening. with ID. ii.
Case in the chair and w. ]. Coeiho as
secretary.
Chairman Coelho OF the tree COM
mittee reported difficulty In roadside
the lines OF the roads are not definitely
laid out.
There was a discussion OF an armory
site, different ones having their special
advocates.
1t was reported that. If sight changes
We're made in the plans, the contract
for building the jail and fire station.
ut $4,000. would be awarded.
Mr.. Case was appointed commit
tee of one to see the Governor about
Maui appropriations. Messrs. Mckay.
Coke and Ault, as an emergency COM
mittee, reported "A resolution which
was adopted. urging upon the Execu-
tive the necessity of prompt action in
the matter of the expenditure of ap-
to be forwarded directly to Governor
Carter.
A letter from President Pinkham Of
the Board of Health was read, which
stated that there were no funds to pay
a sanitary inspector and suggested that
the Wailuku police look after the mat
ter. George Weight had been appoint
ed food inspector without salary, and
w. G. Scott and s. b. Harry volunteer
ed to act In the same capacity.
Complaint was discussed of the neg
lect of duties by road boards. Mr..
Coelho reported n case where an old
bridge was removed on the boards
promise to meet at once and have
new bridge built. Three months had
passed without the building of the
bridge, and often the school teacher
and some of the pupils have been I'M
able, when high water prevailed, to
reach the schoolhouse.
Mr.. Coelho. as representative elect,
invited the Association to prepare sug-
gestions for legislation.
VARIOUS ITEMS.
The return Kona storm reached Ma
vi on Monday night and it rained
steadily for twenty-four hours.
The doctors report that the health
of the Wailuku people Is very unsatis-
factory from the physicians stand
point.
Puunene Mill has alrtady turned out
about 10000 sacks of sugar this season.
and has hardly got Under good head
way yet.
The Chinese of Waikiki are erect
ing large two-story building on Vine
yard street, to be used as a Chinese
joss house.
Sugar is being rapidly piled up In
the Kahului warehouses awaiting ship
ment. Some 1900 tons have already
been received and about 5000 tons will
probably be received by the end of the
month, when the first shipment of the
season, some $500 tons. will be made on
the Nevadan. which is scheduled to ar
rive early In January.
The pumping In plants on Spreck-
elsville are closed down for the pres
ent due to the recent heavy rains.
The late rains will be very beneficial
to the pasture lands of Kula and Ma
kawao which until very recently have
had scarcely any rain.
Sugar Is piling up very rapidly at the
different mills.
The typhoid patients from Mauna-
olu Seminary have quite recovered and
most of them have returned home.
The Hawaiian gazette., 1904-12-13
THE FUNDAMENTAL LAW OF
HAWAII: A new LAW BOOK

The Hawaiian Gazette Company, Ltd the pubca
ton of book edited and ndexed by Lorn A. Thrson contain
the constitutions and other fundamental laws Of earlier
days. the annexation treaty resolutions and procedure and the
Organic Act.
The book contains 2oS of and 1873 pages of index
1t printed regulation law book type and style and is ubsan
TALLY bound in calf skin.
The price is S.
The and character Of the book and the for its
publication given in the preface, which follows:
The Hawaiian gazette., 1904-12-13
GROWING
NOT OVER
Republicans Still
Celebrating Mrs.
Miner Dead.

MAUI, Dec. Io.-Maui and Molokai
Republicans are still feeling most jubi-
liant over the results OF the recent CAM
paign Such a sweeping victory was
unexpected. the most optimistic leaders
prophesizing the election of all candi-
dates executing one Representative by
small maJortieS, or the success of the
entire ticket bv verv narrow margin.
During Christmas week the Repub-
licans of Molokai will celebrate their
recent victory at the polls by grand
luaus in the three precincts of Halawa.
Pukoo and Kaunakakai. Representative
elect Moses Nakuina OF Molokai has
written inviting all the recently elected
Maui legislators TO be present at and
to participate in this jubilation.
The celebration by the Kula Repub-
licans of the 9th Maui precinct at Kea-
lahou school premises last Saturday
afternoon was great success, being at
tended by two hundred and fifty people
representing all political parties.
Senator-elect Saml f. Kalama and
Representative elect George Copp de-
livered interesting addresses. Messrs
Hayselden, Pail, and Kalino, were un-
able to be present on account of the
kona gale that was prevailing all over
the island.
All reports to the contrary Maui leg
islators will go TO Honolulu unpledged
in regard to the selection of speaker
for House of Representatives. 1t is
rumored that the speakership would not
be unacceptable to Representative w.
]. Coelho. but nothing definite concern
ing the matter has been announced.
op1T1rApv
oni = AN l.
Thursday morning, Mrs. George F.
Miner the wife of well-known Maka-
wac resident, died suddenly of heart
disease. Mrs. Miner was about S., years
of age and was educated at Maunaolu
Seminary. She leaves a husband and
ten children-seven boys and three girls.
The funeral, which took place FRIDAY
afternoon at the Miner residence In
Makawao, was conducted by Rev. John
Kalino of Paia and Rev. lssac d. Iaea
of Haiku There was a large at
tendance of relatives and friends at
the ceremony.
NOTES.
TIL. bon, ,,;,d ,,h;.t, bod hoo,, h,ou
inc "og and o,," for ,n,, 40" Ja,,e -, NJ M;
We. tor,,;na,oJ -, T,nsdou H., ~, n,d
foa fran, ,ha ,or,,, t. IL ,to 80,
faii for Tnnsdav was 10 ;,cbes and
ia ian ot i nIaoos o was IN neeS anu
Wod,os pI" of,orno VIA ,,,e M,l.,
T od;os, Al So, La,l III. a,a,,,'ai
aIaot;o,, Is oa;oors -. ,ha -os;aonna "f
e Me- q I ;nJ Se '4e neS'GeL'ee OF
W. ~ ~ i,''uo"y az ~. ioi
The Hawaiian gazette., 1904-12-13
EVERYBODY USES CHAMBER
LAIN'S COUGH REMEDY.

Mothers buy 1t for croupy children,
railroadmen buy it for severe coughs
and elderly people buy It for Ia grippe"
say Moore Bros, Eldon, Iowa U. S. A.
I'VE sell more of Chamberlain's Cough
Remedy than any other kind. 1t seems
to have taken the lead over several
other good brands" For sale by All
Dealers and Druggists. Benson Smith
& Co, Ltd, Agents for Hawaii.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1904-10-21
BY TELEPHONE
MAGISTRATE MARRIED SMALL.
Pox PATIENT TO IMPA.
TENT BRIDE.

Philadelphia, Pa, Oct 19.-An unique
and sensational wedding was perform
ed at 2:30 this afternoon by Magis-
trate Mccleery.
The contracting parties were Mrs.
Eva II. Lyon, aged "a, and Frederick
E. Mehren, aged 81, both of this city.
Mr.. Mehren, at present Is an inmate
Of the municipal hospital. suffering
from smallpox. Magistrate Mecleery
performed the ceremony over the tele-
phone, the couple being together in the
pest house. Mrs. Lyon has been a
widow three years. She begged to be
allowed to marry Mr.. Mehrsn and the
department of health reluctantly con-
sented. She will be kept In the hos
pitai until her. husband either dies or
RECEIVERS. .. @
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1904-10-21
BRAKEMAN KILLED
IN FREIGHT WRECK NEAR ALI.
ANCE-FIREMAN SERIOUS
lY INJURED.

Alliance, Oct. 19.-Brakeman J. B.
Lally, of Cleveland, is dead and Fire
man Paul Mehmert, of Lisbon, is Sc
riously injured as result of a serious
freight wreck, which occurred about 3
miles north of Alliance on the 9. & p.
road early this morning.
The accident occurred at the Beech
creek bridge, where there is a heavy
grade. An air hose on one of the cars
of the train run by Engineer M. Jordon
of Wellsville and Conductor MCGEE Of
Cleveland broke and stopped all of the
rear cars. A heavy train in charge of
Engineer Ed. O'Brien of Cleveland and
Conductor Riddle of Wellsville was
coming up from behind and as the
engineer was not aware of the condi-
tion Of affairs he had not time to stop
the train. The red lights on the front
train had been extinguished by the
sudden shock and the rear train crash
ed into it, piling up Is cars. Lally
was instantly killed as he jumped from
the rear engine and was thrown by the
bank onto the track. His head was
cut in two. Mehmert had his head
badly cut by falling on a stone pile
The other trainmen escaped injury by
fortunate jumping
Heavy fog made it difficult for the
approaching engineer to see. -
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1904-10-21
WOMAN KILLED
BY UNKNOWN MAN-SUsPICIoN
THAT ANOTHER CRIME WAS
COMMITTED.

Bridgeton, N. j., Oct. 1S.--Mrs.
Frank Rasinger was found dead this
afternoon at her home in Marlboro
from gunshot weund In such a posi-
tion that it could not have been self
inflicted. Mr.. Rasinger, while work
ing in the field heard the report and
going to the house found his wife
dead. Blood was still flowing from
the wound, and near by lay Rasinger's
shotgun. When he left the house the
gun was unloaded, eand the husband
believes his wife was murdered by
some one who discovered Rasinger's
shooting coat In the shed, took q shell
from his pockets. entered the house,
committed the murder, first raping
Mrs. Rasinger Evidence on the lat.
ter point is lacking but meantime,
neighbors are searching the locality
for the possible murderer. HJ .l-I ..
Mrs. Rasinger was but "a years old
and had been married. less than two
years. An infant was in a room ad.
joining that in which the mother died.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1904-10-21
CRIMINAL CASES
DISPOSED OF AT LlSBON-ONE
MAN SENTENCED TO
TIE PEN.

Lisbon, O., Oct. 1S.-A peculiar case
was disposed of in criminal court
here today, c. ]. Stevenson pleading
guilty to an indictment for having
violated the statute governing the
practice of medicine in Ohio by pre-
scribing for a patient named Margaret
Jones in Salem and was fined s25 and
costs, after promising the court to
pursue his methods of treatment no
further in this state Stevenson is
the proprietor Of Steyenson's Magnetic
and Electric Treatment and his meth
DDS are of character resembling
those of massage artists and osteo-
paths. When he came to Ohio from
Pennsylvania over a year ago, a com
plant against him at McConnellsville
was ignored by the courts. He has
been in Columbiana county since last
April, being first located in Salem and
during the last few weeks in Lisbon.
The first penitentiary sentence Oh
the term was imposed by Judge Hole
today on Richard Hutton, of Wheel
ing, w. Va, who pleaded guilty to a
charge Of pocket picking. Hutton was
bound over from Wellsville. He got
one year in the penitentlary, but
would have been sent to the reform
atory at Mansfield had be not been
a little past 80 years old, the age
limit.
Polandis F. Petit, the Adair farm
er charged with incest, involving the
ruin of his lG-year-old daughter, Annie,
was released from Jail today under
bond of $4,000. His wife, Mary Eta
Petit has begun action for alimony.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1904-10-21

Special concessions in Worlds Fair
rates via the Glover Leaf Route, dur
ing the balance Of the Fair. Coach
Excursion Tickets on sale every day
in the week except Friday and Sstur-
day, at 1 cent per mile each way.
These tickets are good seven days, in.
cludins date Of sale. Round trip tick.
cts good Is days are on sale daily, at
one fare plus $500; and Round Trip
tickets good so days are on sale daily
at ohe and one-third fare. Write
nearest agent, Clover Leaf Route. or
address w. l. Ross, G. p. A., Toledo,
Ohio.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1904-10-21
Narrow Escape.

Or. Carnes Of 422 West Fourth
street, had narrow escape from Sc
rious injury. In answer to late pro.
fessional call he was driving on South
Market street about midnight He fell
asleep while riding and was awakened
by his buggy colliding with another
vehicle. At the same time he !obsery-
ed an approaching car within few
feet Of him, and for about a minute
the doctor thought he could see his
finish. However, he managed to rein
the horse to the side Of the street just
In the nick Of time Several persons
witnessed the incident and maryeled at
the escape Of the doctor from what
seemed certain disaster.