davidaulloa/AmericanStories huggingface dataset:
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28

the prosecution, is not and never has
been Auditor, owing to the manipula-
ton of the undated resignation. He
also set forth that r. S. Boyd merely
had him appointed as sub-agent in the
Land department in order that Boyd's
own offences might be shouldered on
him, and this he proposed to prove by
the Governors testimony.
Continuing, the Judges ruling quoted
the two commissions from the Cover
nor to himself and then went on:
1T is apparent from thlse two COM
munications, the first one stated oral
ly by the Deputy Attorney General and
the latter through the Governors mes
sage to the Attorney General, that the
reason first given for the Governors s
non-attendance, namely, reasons of
public policy is not contained in the
second. That the document sought to
be obtained by the first subpoena is
not one which could be withheld as a
state secret is apparent to anyone
who has been in this Territory for any
length of time, for it is a matter of no
toriety that the Governor of the Ter
ritory has held the resignation of ev-
Office under him excepting the former
Treasurer, Honorable Noah Kepoikai.
1t is a matter of court record that up
on objection being made in the trial of
a cause before one of the district ma
gistrates, to the effect that the Gov
ernor held the resignation of the ma
gistrate, the Governor thereupOn re-
turned the resignation to such magis-
trate, and if the court is not in error,
returned the designations of all the
district magistrates in the Islands.
There is absolutely no foundation for a
claim that it is incompatible with pub
lie policy to produce in cour5 what is
not a secret record of the Governors
office, and it seems to me that this il
not case where it is sought to obtain
papers containing state secrets.
THE contention OF the Governor that
1T does not comport with the dignity
of the Territory and is not 'compati-
BILE with the dignity of the Office hold
to appear in court in obedience to the
subpoena issued, seems to me to require
little comment.
THE Governor admits that the court
is a coordinate department Of the
Territory and in this he is clearly
right. The departments of the Govern
ment are three, namely: the executive
legislative and judicial. AS said by the
courts; These departments are equal
coordinate and independent. 1t is the
duty of the legislative department n
make the laws, the duty of the judicial
department to construe and apply
them, and it is the duty of the cXecu-
tive department to see that such laws
are faithfully executed
"The judicial department, as to the
laws, is now in the case at bar en-
deavoring to construe and apply them
1t seems to me that the Governor
should, in the discharge Of his duty tC
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
THE NEW JURY
COMMISSIONERS
]. NJ. RIGGS AND GILBERT j..
WALLER ARE APPOINTED
GEAR DISAPPROVES.

By an order signed by Judges De Bolt
and Robinson which was filed today in
the Circuit Court the appointment of
j. NJ Riggs and John d. Holt Jr., to
act as jury commissioners was set
aside. In place thereof another order
was made appointing j. NJ. Riggs and
Gilbert j. Waller to the positions. The
order is not signed by Judge Gear. He
refused before to sign the reappOint-
ment of Riggs on the ground that last
years commissioners had done their
work badly and neither should be re-
appointed. He probably refused to sign
the new order for the same reason.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28

! Immediately following the conclusion
] Of the evidence given i'm the MahauIu
| case by Auditor Fisher this morning.
Attorney Thompson moved that the
evidence be stricken out on the ground
that as his undated resignation was in
! the hands of Governor Carter, Fisher
was not in point of fact, Auditor of the
Territory and could not give evidence
as such.
Judge Gear took the matter under
advisement during the luncheon recess
and at the opening of court this after
noon gave his decision refusing to
strike out the testimony of Fisher. His
ruling makes it appear that the now
famous undated designations held by
Governor Carter are not worth the pa
per they are written on. 1t says in
part:
"Under section so of the Organic Act
of the Territory of Hawaii which is
the constitution of the Territory, the
Governor shall nominate, and by and
with the advice and consent of the
senate, appoint the auditor and GER
tain other officers. II is further pro-
vided that he may "by and with the
advice and consent of the senate re-
move from office any of such officers.
All of such officers shall hold office for
four years and until their successors
are appointed and qualified unless
sooner removed. In the case at bar
the witness, Fisher, testified on direct
examination that he had been appoint
ed as Auditor by the Governor and on
cross examination that cotempora-
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28

neously with the appointment he had
delivered to the Governor his resigna-
ton; he further testified on redirect
examination that he did not know
whether or not the resignation had
been accepted. 1t is now contended
that the appointment of Fisher was
illegal and void.
IF the removal of an officer whose
term Of office is for four years is not
allowed by the Governor acting alone
he cannot by indirect act be legally al
lowed to consummate such a result. It
seems to me therefore that IL the ap-
pointment is valid the resignation
would be invalid under such circum-
stances. If both are to be given effect
then the result is that the appointment
would be invalid.
IF it be conceded that both the ap-
pointment and resignation are valid
and the resignation has not yet been
accepted then a different phase is put
on the case. for in that event the re-
signation could be withdrawn at any
time by the officer giving it and that
being done his term of Office would be
that provided i'm the constitution, to
wit: four years. There being no doubt
that Mr. Fisher has been and is now
acting as a de facto officer of a de
jure Office his testimony should not. be
out even If he does not hold
the office under a full and legal ap-
pointment. The motion to strike out
on the ground stated will therefore be
denied
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28

Hawaiian Sugar Company which
operates Makaweli Plantation, today
decided to resume the payment of
dividends. This decision was reached
at a meeting of the board of directors.
The showing made by the plantation
during the past year has been such as
to cause the directors to feel warranted
i'm resuming the payment of dividends
on the liberal basis of / per cent a
month.
The directors decided that beginning
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
MakaWeIi Resumes
Payment Of Dividends
PLANTATION PAYMENT
A CENT MONTH
PROSPECTS OF BIG INCREASE


with December Is when the first pay
ment would be made, a dividend of 20
cents a share or / per cent a month,
would be paid. This will be the first
dividend that the plantation has paid
i'm over years. Estimates of the
coming season are most excellent. The
new crop will it is thought. be 5000
tons, gain of 5000 tons over last
years output. There is plenty of wa
ter for the plantation the coming sea-
son.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28

Governor Carter will not be hailed in
to Judge Gears court in order to tes-
tify as to the existence of the undated
resignation of Auditor Fisher. That
much was settled in a lengthy and in
many senses remarkable decision hand
ed down by Judge Gear this morning.
The Judge will not cite the Governor
to appear but he will rule on the ma
teriality of the testimony which the
Governor would give and if that tes-
timony is held to be material the prose
cution will have to admit it as true.
Failing this admission the Court will
direct the jury to return a verdict Of
not guilty and Stephen Mahaulu, ac-
cused of robbing the Territory, will go
forth free man.
There was a big crowd in Judge
Gears court room this morning when
the Mahaulu case was called. The le-
gal profession was very much in evil
dence for the coming decision of the
judge was bound to be of interest. At
torney General Andrews was present
for the prosecution as were his assist
ants Prosser and Fleming.
There was quick action" as soon as
the case was called for Attorney
Thompson at once asked for the return
of a second subpoena which he had is
sued calling on the Governor to appear
in court this morning. The return had
not been made but Attorney General
Andrews rose and admitted service on
behalf of the Governor
"The Governor wished me to appear, -
said the Attorney General, ito present
his compliments to the court and to
say that he knows of no facts in the
present case. He is under extra stress
of official business, in the absence of
the Secretary from the Territory. He
is and always has been perfectly will
ing to appear as a witness when he
could aid justice in any way, but he is
not aware of any of the facts in the
case before the court. He recognizes
the court as a coordinate part of the
government and holds it in the highest
respect. He has communicated his
wishes to me in a letter"
"And it is because of that letter that
you are now here representing him?'
asked the Court.
ut is" replied the Attorney General
''In order that 1 may be perfectly
clear on this matter l have reduced my
ruling to writing" said Judge Gear
and without further ado he began to
read. The decision was a long one. II
reviewed the case from the beginning
and included copies not only of the
subpoenas had been served on Cover
nor Carter, but also of the affidavits
which had been filed by Attorney
Thompson and by the defendant Ma
haulu in asking for a citation for the
Governor to appear and show cause
why he should not be punished for con-
tempt. Thompson's affidavit set forth
the materiality of the Governors evi'
denee and Mahaulu's ran to the effect
that Auditor Fisher, whose testimony
is absolutely material to the case fol-
&. :. . 81 SsSE.SE
M. KeIlie, Matchmaker and jewell
err, Hotel and Union streets.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
DETECTIVES GASES.

The cases of ex-detective McDuftie
and of the former officer All on, accus-
ed of taking bribes, were called in
Judge Gears court this morning but as
Attorney Thompson, for the defence
stated that he had been so busy I'm
other matters that he had been un-
able to go nto the matters properly, a
continuance was granted until We'd
nesday.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
N0%aS&+a%%A%%%%@%@%@+%+%+~
MOTLEY CASE NOLLE PROssED.

NOILE1 CAoE NOl4141 EINOooLD'
The case of criminal libel against
Charles Motley, accused of being re-
sponsible for libel against c. p. Iau-
kea, while the latter was running for
Congress. was nOlle pressed in the pO-
lice court this morning. Motley made
full and complete and satisfactory
apologies to Iaukea in letter to w.
A. Kinney so the case was dropped.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
BEST COUCH MEDTCTNE

One of the most popular cough me-
dicine is the well known Putnam's
Cough Comfort. Designed especially
to stop coughs, quickly, safely and
pleasantly, Should be i'm every me-
dicine chest. At Hobron's.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
OFFICIAL TOTALS

The last returns of the recent cleo
tion reached the office of the Secretary
of the Territory this morning from
Kauai. The official returns when to-
tailed give the following vote:
Kalanianaole Republican. ....-.... 1888
Iaukea, Democratic tic..................2S 2S6S
Motley, Home Rule. 22S9
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
Mrs. M. Kellie, art studio, corner
Hotel and Union streets.

SOUVENIR ART CALENDAR.
Our Art Calendar of selected Ha-
waiian views i'm colors is now ready
for mailing. Send one to your dear
ones at home. Wall, Nichols Co.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
TEACHER WANTS DIVORCE

Nina L. d. Frasher principal of Kiau
lani school, has filed libel for divorce
against Charles +. Frasher on the
grounds of failure to provide She
asks for custody of their children.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
Continued to Page 81

A sore throat may be quickly cured
by applying a flannel bandage dampen-
ed with Chamberlain's Pain Balm. A
lame back, a pain in the side or chest,
should be treated in a similar manner.
For sale by all dealers, Benson Smith &
Co., agents for Hawaii.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
MORE ARBITRATION.

ST. PETERSBURG Nov asThe proposal
treaty Russian
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
BIG sPECTAL BARGAINS.

Monday. Tuesday and Wednesday
special bargains will reign at N. s.
Sachs Dry Goods CO. See announce
ment on page today for prices. Sale
is only for the three days mentioned.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
CHINESE REFORM.

MUKDEN Nov 7SThe Chinese WcerOy province
the
ing Chinese soldiers in European dress and cutting their
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
Shot At
Judge Hebbard
On Bench
ASSOCIATED Press Cable to The star.y Al

SAN FRANCISCO Nov. 7SIsaac Seby preacher
Judge Hebbard while he today
Judge ebbad which the cOur
had made in a divorce in which concerned
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
THE COURT OF INQUIRY.

WASHINGTON c. Nov z8Geat Britain
United States
the Hull court inquiry
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
REPULSED AGAIN.

ST. PETERSBURG japanese
Saturday repuIsed losses.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
The UNDATED
RESERVATIONS
ARE VOID SAYS GEAR

5EAR GIVES ANOTHER THE NATTER OF AUDITOR
FISHERS UNDATED REsGGNA TIoN-REFUsEs TO STRIKE OUT
THE AUDITORS TESTIMONY AND DECLARES THAT THE I'M
DAED RESERVATIONS ARE o F NO LEGAL EFFECT
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
DON'T FORGET.

Now is the time to mail Hawaiian
Calendars to your coast friends. Nice
assortment ready for mailing at Ar
leigh & Cos.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28

M. KelIie, matchmaker and jewell
er, Hotel and Union streets.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-11-28
CARTER
DIS0BE;YS
AGAIN.

REFUSES SUBPOENA ISSUED
BY JUDGE GEAR-ANDREws MAKES A STATEMENT TO THE
COURT A WRITTEN DECIsIoN-N1AY
ORDER ACQUITTAL MAHAULU.
The daily morning journal and courier., 1904-06-17
ANCESTRY FADs.

Patriotism is noble emotion which
 lends itself easily to the ridiculous. A
 Boston woman has carried the fad for
 ancestry societies to it's legimate con-
 elusion by heading a movement to con
 solidate the grandchildren of the war
 veterans of 1S61-5. Her, society should
 lat least have the merit of voluniilous
 enrolment. It has already led to sug-
 gestions for aunts fo the heroes of San
 Juan Hill, brothers-in-laW of conscripts
 or the sixties and first cousins once re-
 moved of Filipino exterminators. Any thing which is snobbery masquerading lat historic interest or patriotism de- serves burlesque. Patriotism according
 to Dr. Johnson, is the last refuge if a |scoundrel. Socially it is rather the last
 refuge of a fool. Perhaps we can get
 beyond the wars, and organize all che
 relatives of Carnegie heroes. A heroic
 race needs no hero fund. A race of
 patriots needs no patriotic gossip part ies. Historical societies should be com posed of historians. Snobbishness, pe- |dauttry, and their kindred vices consist lin putting an over-emphasis on some one possession or distinction, and the |smaller the trait celebrated the pettier the vice, Pedantry which is the vanity lof Knowledge is therefore step. or two |above snobbishness, which is the vani- ity of class. The singular fertility shown by the genealogy societies in de- Ivices for making themselves ridiculous lis to be explained by the absurdity of the motives on which they are found- led. Lavinia l., Queen of the Holland Danes. and her theatrical career, were la natural outcome of the pseudo -patrio- tic movement. In organizations flimsily founded, tiimsy people get to the top The Boston woman and her new burles- que will be well employed if they has ten the end of queens, daughters, and dalnes. Our librarians are kept busy furnishing books to ladies who wish to dig up remote ancestry for social gla- lmour.-Collier's Weekly.
The daily morning journal and courier., 1904-06-17

lat night, breaking up the jaws of the dead to. extract their teeth to sell to dentists for insertion in live mems mouths. An army of these ghouls fol-
 lowed Wellington. They were licensed
 as suffers, but, once night fell, out lcame their pliers, and out came the teeth of those dead and dying on the Ibattlefelds. It is a horrible idea, but we are not much refined to-day. Only I eighteen months ago somebody was ex- plotting the bones of our soldiers who had fought and died under Lord Wolse- Hey in the Ashantee war. The poor re Ilics were shipped to London, taken to an auction room to be sold as "curios," land only at the last moment was public opinion too strong to permit the wicked 1 translation to be carried through. Not so far from where the prosperous tooth factor has just died there used to live Ia cutter of corns. Everybody knew him--old Wolf. He did not aspire to the title of hiropodist-simply a cutter of lcorns he. More than thousand clients lpaid him their guineas a year. One of 1 them was an arebishop, who while he lsubmitted painful corn to the razor, lplied his persuasive tongue upon the cutter. Here was Jew to be convert led. Sir, if you will so on talking. I shall cut you. was the only response
 of Sfylock. If make you bleed you'll 1 1die,n was another grim way he he had I of silencing clients. Tn his dingy old room. patronized by all the lions of the
 Stock exchange, and everybody who
 Twas anybody with corn, he piled up
 a fortune of over six figures, and was still coining money up to the date of his death at the age of S4.-St. James
 Gazette.
The daily morning journal and courier., 1904-06-17
VISITED ETHET, CHATTER.

Ethel chapter, No. 2S, O. E. S., of Westville entertained their grand off, cers Wednesday evening. They were highly complimented by the officers on their fine work All of the gentlemen on the, board of the grand matron were present. Remarks were made by the grand matron, Mrs. E. Sawtelle, worthy grand patron. P. Baldwin; as- |sitant grand patron, Mrs. Stebbins, secretary; Past Worthy Grand Matron Mrs. Holiday, the grand sentinel, and Past Worthy Patron Pond, Past Wor- thy Grand Matron Mrs. Wolcott, Pa tron Marsh of East Haven, Mrs Ger |trude Holiday of Mystic chapter, and Mrs M Washburn.
 Refreshments were served in the ban |quet hall. Recitations were given by Mrs and Miss Thompson and duet was sung by Mrs. Graft and Miss Rus Tell, the social hour being much en- joyed. There were many visitors pres lent.
The daily morning journal and courier., 1904-06-17
FR1eHrFULLY BURNED.

Mrs. James shanley. who resides at 1sO Hamilton street. was seriously and perhaps fatally burned about the waist and head yesterday morning by the ex- plosion of a lamp. Mrs. Shanley had put out the lamp by blowing into the chimney, the flame causing the explo- sion. It was stated at the New Haven hospital that she was in very critical condition.
 Mrs. Shanley was saved from imme- diate death by Frank Kelley, who is employed at P. J. Kelly & Co.'S store. He heard her screams and with the assistance of a blanket he extinguished the flames.
The daily morning journal and courier., 1904-06-17
BIG FIsH CAUGHT.

One of the successful fishing parties of Wednesday off Milford was party of seven on Harry Leigh's naphtha launch, the Quanita. An eleven pound six ounce blackfish was landed by MT. Casariego. The next prize was an eight pound four ounce fish landed by MT. James B. Smith, the broker on Or ange street. Walter Leigh and the other members of the party rejoiced with the successful fishermen. This is no fish story, as the fine fish head in the window of the National Cah Regis ter company yesterday testified.
The daily morning journal and courier., 1904-06-17
THE FIRST CONCRETE SKY.
SCRAPER.


 The Ingalls, building in Cincinnati occupies the entire area of a. corner lot. 50x100 feet, and is fifteen stories and a full attic. practically sixteen stories, rising to a height of 210 feet above the sidewalks. The one-half of the base ment is the usual 12 feet deep; but the other half containing the power plant, is 20 feet deep. The foundations extend five feet below this, so that the, entire height of the construction from bottom |of foundations is 235 feet, entirely con- crete and steel. In fact, is is a con- crete box of S-inch walls, with concrete floors and roofs, concrete beams, concrete columns, concrete stairs; the whole entirely devoid of the usual Il beams, Z-bars, angle iron, plates, rivets and bolts. It consists merely of bars embedded in concrete, with the ends in terlaced, making actually a complete concrete monolith of the entire building, covered with the exterior with a veneer from to inches thick of white marble for the lower three stories glazed gay brick for the next eleven, and glazed with terra cotta for the top story and cornice.
 Tn the Ingalls, building the Ransome system of cold-twisted square bars was used throughout. This gives excel lent results, due to the greatly in- creased tensile strength of the bars af- ter twisting, and the mechanical grip of the twisted bar on the concrete.
 The floors are continuous slabs five inches thick, reinforced with mesh of three-quarter inch square twisted steel bars from eighteen to twenty inches on centers in both directions, land strengthened by a beam or rib across the center of the column bay of sixteen by thirty-two feet, dividing this into two panels, each sixteen feet square, without any other supporting beams.
 The columns have stiffened bars placed on two opposite sides near the |surface to take the wind strains. They |are further reinforced near the center by compression bars, which take up all such load as may be required in excess |of the carrying capacity of the con- |crete along. These bars not being in tension need not be twisted, and ac- plain round bars were used |of various sizes, according to location from two and one-half to three and |one-half inches in the basement, di- minishing in numbers and sizes in suc- ceeding stories until they were reduced to one inch, and then entirely aban- |doned at about the tenth floor, from (which point on the concrete was suffi- lcient to do all the work The interior Tor compression bars had the ends milled off and were joined just above the floor level by sleeve of steam |pipe, a trifie larger than the bars and |grouted with cement. They were then Itied together firmly at three or four points around them. The exterior or wind bars were joined in the center of the story height by splices, which con- sisted of several smaller bars wired about the joint. The columns were further reinforced laced, making &C., Itually complete concrete around all the bars near the surface at intervals lof from twelve to eighteen inches throughout the height.-Architectu Record.
The daily morning journal and courier., 1904-06-17
BROTHERHOOD OF ST. ANDREW.
Welcome Their President, Dr. Wm. c.
 Sturgis.

Welcome Their President, Dr. Wm. c.
 Sturgis.
 The senior and punior chapters of the Brotherhood of St. Andrew met in the parish house of Christ church last evening to the number of about one hundred and welcomed the honorary president, Dr. w. M. c. Sturgis, who gave an informal address. He spoke of the condition of the brotherhood in the section of the country in which he is now located, namely, Iowa, Kansas and Oklahoma.
 Other addresses were made by the rector. Rev. Dr. G. Brinley Morgan, Arthur H. Kinney, H. F. .Blogg, Frank Westervelt, Mir, Hough and MT. Chas. H. Fowler, all of whom expressed their pleasure in renewing their acquaint- ance with Dr. Sturgis. The meeting concluded with prayer and benediction by the rector, after which a social hour was enjoyed, the ladies of the parish serving light refreshments.