davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-05
QUESTION OF JURISDICTION.

The defendant denying that the act
is invalid for any of the reasons named
in the submission claims that even if
the act were invalid equity has no
jurisdiction to grant an injunction
against him at the suit of a taxpayer
or of bondho1der whose bonds are not
shown to be in danger of being de-
faulted.
That the remedy sought by the
plaintiff is available to him in his ca
pacity as citizen and taxpayer ap-
pears to be within the rule in Castle
ct al. VS.. Kapena, 5 Haw. 81 (1SS3).
The petitioners in that case applied
for writ of mandamus to require the
minister of finance to accept only
United States gold coin or its equiva-
lent for Hawaiian bonds payable in
United States gold coin about to be
issued by him in pursuance of an act
of the Legislature, and not to accept
therefor silver coin, averred to be only
about 80 per cent of the value of the
gold coin. The court held that issuing
the bonds for silver of less par value
than gold would be Illegal and that
ga loss and injury would accrue to the
country thereby and to every tax
payer, and the question is raised
whether the petitioners can resort to
this court to protect themselves Ib.
PIP. "a, 50. ''The principal objection, -
said the court, |Eto permitting suits
to be brought by private taxpayers,
is said to be the annoyance to public
officers by a multiplicity of suits. The
answer to this, as well as the doctrine
in such cases, is set forth in a recent
case in the Supreme Court of the
United States. Champion VS.. Zabriskie,
I in
quote the language of Mr.. Justice
Field at large:
"Of the right of resident taxpay-
ers to invoke the interposition of a
court of equity to prevent an illegal
disposition of the moneys of the county,
or the illegal creation of a debt which
they. in common with other property
holders of the county, may otherwise
be compelled to pay, there is at this
day no serious question. The right has
been recognized by the State courts
in numerous cases, and from the ma
ture of the powers exercised by mu-
nieipal corporations, the great
dangers of their abuse, and the
necessity of prompt action to prevent
irremediable injuries, it would seem
eminently proper for courts of equity
to irta1<ere, upon the application of
the taxpayers OF county, TO prevent
the consummatiOn of a wrong, when
the officers of those corporations as
sure, in eSoess of their powers, to ere /
ate burdens upon property holders. !
he courts may be safely trusted TO
proven: the . huse of their process in
such cases. The court also cites in .
the kapena case L. P. Railroad Com |
pany VS.. Hall. 81 Z. s. 343, 1875, /
where Strong, j., says: "'There is a |
decided preponderanee of American
authority in favor of the doctrine that |
I,rivate Persons may move for man.
damus to enforce a public duty, not /
due to the government as such. with |
out the intervention of the govern /
ment law officer The court declin-
ed. however, to grant the writ, but !
solely upon the ground that injunction
rather than mandamus was a "preven-
tive remedy /
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-05
THE ACT VALID.

All of the matters presented have
been ably argued and have received
our careful attention. but we do not
find that either the County Act, being
Act 80. as amended by Act "a. or that
Act % of the session laws of 1905, up
on any of the grounds presented, IS
unauthorized or prohibited by the Or
ganic Act, or that for any of those
grounds or reasons Act 80, as amend
ed or Act 90 is invalid
In conformity with this opinion the
Injunction sought by the plaintiff
ought to be denied, and it is decreed
accordingly
H. f. Highton for plaintiff; Deputy
Attorney General NJ T. Prosser and
n. E. Cooper for defendant.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-05

the inference that it is not authorized
thereby 1t Is to be observed that the
organization of counties with their
proper officers for attending to their
own affairs necessarily is inconsistent
with all those laws of Hawaii relating
TO such portions of the duties of Ter
rltorlal offlcers as properly are includ-
ed IN the duties and functions of coun-
ty officers. No County Act can be re-
garded as unauthorized by the Or
game Act by reason of such inconsist-
ency.
The disposition of public funds is no
moot or abstract question. but vitality
concerns every taxpayer. We trust
that the time will never come in Ha-
wall when taxpayers shall not care to
seek by appropriate proceedings IN
court to avert unlawful use of public
money IN connection with an uncon-
stitutional statute. But there is some
thing far more important than such
exhibitions of public spirit on the part
OF taxpayers, and that is a feeling of
confidence that courts Will interpret
the laws and declare the law with ju-
dlclal lmpartiality, unbiased by per-
sonal feeling or motive. Nothing can
be more deplorable, more abhorrent to
true Americanism, than a belief. thus
far it is to be hoped felt by few per-
sons, that our courts in interpreting
statutes can reach conclusions to satfs-
fy their own wishes, likes or dislikes.
1t ought to be unnecessary to say that
what we may think of the wisdom or
advantages of county government I'M
der existing conditions in Hawaii has
nothing to do with the questions of
law at issue. Our opinion concerning
the practical working of this or of any
other system OF county legislation,
whether it appears to us that larger
opportunity for calculating popular
wishes in the expenditure of public
money or in other matters is thus af-
forded or not, is immaterial ana IT.
relevant to the examination of those
questions. With these convictions of
judicial duty we have examined and
decided the law involved in this case.
The agreed statement sets forth the
plaintiffs grounds or reasons for
claiming the invalidity of the act in
more detail and variety of form than
appear in the above summarized state
ment of them and his attorney in argu-
ment illustrated and enforced the
plaintiff S claims from several points
of view. All of these matters were
ably presented and have received our
careful attention
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-05
At Auction
Monday, June IL, 'O5.

AT IL O'CLOCK NOON.
At our salesrooms, corner Fort and
Queen streets, we will sell by order OF
COL GEORGE w. MACFARLANE
assignee of mortgage,
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-05
Continued from page ID

6. That the act in requiring bonds
of supervisors to be approved by cir
cult judges imposes upon them func-
tions not judicial, and not according
to the course of common law or equity
or to any provision of the Organic
Act.
I. That the act violates those pro-
visions of the Organic Act which re-
quire that "there shall be an Attor-
ney General a Superintendent of
Public Works, High Sheriff and dep
uties, and which require that they sew
orally ''shall have the powers and du-
ties mentioned or referred to in the
Organic Act Except as changed by
this act and subject to modification
by the Legislature. 1t is claimed
that the powers and duties entrusted
to and required OF those officials by
the terms of the Organic Act are not
merely modified by the County Act,
but practically are obliterated and
transferred to county officials
s. That the act deals with contest
ed elections, and also with impeach-
ment of supervisors, subjects not cog
nate to its title, and is an attempt to
confer jurisdiction on the Supreme
Court in those matters.
9. That the county of Kalawao es
tablished by the County Act is iden-
teal with the leper settlement, which
the act leaves under the control of the
Board of Health, and which is inca
pable of organization into a county
while under the control and manage
ment of the Board. That the chapter
relating to this matter is unconstitu-
tional in providing that the salary of
the sheriff shall be fixed and paid by
the Board of Health out of the Ter
ritorial appropriation, and that the
pay of policemen in that county shall
be fixed and paid by the Board out of
Territorial funds, and also in fixing
the appointment of a sheriff In the
Board, which has no power to make
such appointment.
10. That Section 112 of the County
Act providing that CAN laws or parts
of laws, so far only as the same may
be inconsistent with any provision of
this act are hereby repealed is in
sufficient and void in failing to speci-
fly the repealed acts and parts of acts,
so that it is legally impossible to de-
termine what laws are intended to
be repealed.
When the case was presented for ar
gument the plaintiffs attorney asked
leave to amend the submission by in
sorting the additional ground that the
act had not been approved by the Gov
ernor in accordance with the require
ments of Section Sc of the Organic
Act as amended bv Act of Congress
of March 3, 1905 (33 SITS. at l.. 1035),
requiring that county officials ''be ap-
pointed or elected. as the case may be,
in such manner as shall be provided
by the Governor and Legislature of the
Territory. The defendant counsel
Directing, the court declined to allow
this amendment
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-05
a CAREFUL Man

Have you noticed" asked the man
who keeps his eyes open. that side
walks are always laid so that there ia
+, slight slant toward the curbstoney
Il you have not thought of it, there Is
thinking man in Evanston who has,
and, to save shoe leather he walks on
different sides of the street on alter
nate days, to make sure that his shoes
will be worn Of even. Chicago Trib-
uDe
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-05

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The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-05
LEGISLATIVE POWER.

The validity of the act affects this
community profoundly. AS a measure
intended to establish self government
over local affairs, a principle which is
the basis of our state and national
systems, it has been urged by all par
ties. The Organic Act grants unre-
stricted suffrage, by the exercise of
which the needs and wishes, of the cit
izen are intended to be expressed and
carried into effect by laws enacted by
the Legislature. The grant of legisla-
tive power contained in the Organic
Act includes ''all rightful subjects of
legislation not inconsistent with the
constitution and laws of the United
States locally applicable and ex-
pressly includes the power to "create
counties and town and city municipali
ties and provide for the government
thereof. - There is no limitation up
on this power except as found in the
provisions of the Organic Act and in
the constitution. The desire of the
voters to obtain and by officers elect
ed by themselves to exercise all the
control over their local affairs which
can be obtained within this limitation
ought not to be interfered with by the
judiciary upon doubtful or uncertain
grounds. 1t is essential for the well
fare of Hawaii for the security of life
and property that the measure devised
for establishing this principle, inner
feet in many details and TO a certain
extent tentative. as it well may be.
and yet be a valid measure, shall be
free from such radical defects as would
defeat its object. With political or
financial objections to the act, if any
there be, this court has nothing to do.
We have only to decide whether any
of its vital features are so inconsist-
ent with the Organic Act as to require
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-05

Kind Iady-"You can get work beat
ing carpets two doors from here-they
are cleaning house" Homeless Holmes
Thanks. mum. L mighter bumped
right inter it if youse hadn't warned
me. I'll steer clear of it, num-
Cleveland Leader.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-05

Poat-.I see you accepted one Of my
poems and refused the other EdItor-
yes: I took one of them out OF sym
pathy for you. and refused the otner
out of sympathy for the public tx
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-05
COUNTY LIMITATIONS.

Further considering the objections
presented to the County Act it is to
be observed that county is the agent
or instrumentalitv of the State or Ter
ritory and has such powers only as
are granted by the statute creating 1t.
Whether counties have the scant pow
ers given them in the New England
States or the larger powers given IN
newer States is something which does
not affect the validity of the act.
Counties may properly share in Ter
ritorial tax money assessed and col
leeted by assessors and collectors of
the Territory.
We find nothing in the act which is
not expressed in its title in the sense
of being properly incident, germane or
cognate thereto.
The large discretion given by each
of the acts in question to county SUI
pervisors. as well as to the auditor OF
the Territory. concerning expenditures
of public money and the extent and
The Intermountain Catholic. (Salt Lake City [Utah] ;) 1899-1920, 1905-03-25
"A RETURN TO THE oBSERV-
ANcES OF THE EARLY
CHURCH,
1rrom the Christian Work and Evan
zelist Presbyterian.)

4 ITOIO lIle N-lII ISIliII W VI n 1IINI u CIT
gelist Presbyterian)
Whatever may have been the precise
origin of the Lenten season, concerning
which there is no little difference of
oniniou among scholars, the fact re-
mains that it has been observed by
christian churches for more than IOOO
wears. and that ever since the reaction
from the extremes of the Protestant
the Lenten season mas
grown in the favor of the churcnes OF
all denominations. Indeed II REQUIRES
,,,,t brief retrospect to notice the
difference between the then and now.
: ears ago the prejudice against the OBJ
The Intermountain Catholic. (Salt Lake City [Utah] ;) 1899-1920, 1905-03-25
oLp-FAsHIoNED DEVOTION.
(From the New York SUM


DIR. James j. Walsh began last week
a series of lectures in the Carnegie
LyceIIm on 1.-The Women of the Re-
naiSsance," which is to be continued
or Thursday forenoons during Lent
The initial lecture was all that might
have been expected from a man of ripe
scholarship, whose learning is mellow
ed by hunor, a genial philosophy and
never failing enthusiasm. However, it
is the occasion, not the content, of Dr.
Walsll'S lectures which is the chief in
terest. They are given in support of
a charity which has had at its service
q greater wealth of devotion than. OF
money.
About ten years ago d woman of
slender means, but with the heritage
of d great name, gentle nature and a
tender heart, went down to the lower
east side to nurse and comfort INDECENT
sufferers from cancer, the most hope
less and terrible of diseases. She lived
in two-room tenement, to which she
brought as many helpless. dying cancer
victims of the neighborhood as the
apartment would hold. To others she
mniStered in their own homes.
Moved by her zeal d number of Wo-
men Joined in the work of mercy Some
followed her in consecrating themselves
wholly to it, a sisterhood was formed,
calling itself the Servants of Relief
The two-room tenment hospital devel-
oped into the st. Roses Free Home for
Incurable Cancer, in Cherry street, to
which the sisterhoOd eventually added
the Rosary Hill Home, at Hawthorne,
Westminster county.
1t is for the purpose of paying off
the small debt on the modest buildings
in which these institutions are housed
that the lectures are given. This way
of going about it is transformations and
old fashioned. like the virtues on which
the charity is founded.
The Intermountain Catholic. (Salt Lake City [Utah] ;) 1899-1920, 1905-03-25
THE TERMoUNTAN AND COLORADO cATHoLIc nARCH a. oo5

| lesson from which they may have
something themselves to learn. we sha II
endeavor to answer these questions in
a frank manner and in plain speech.
NJ. Dabry's newly published book. men
toned at the head of this artfcIef will
serve as a. guide.
"A proof of the existence of a. modern
spirit in France, ready to make favor
able terms with religion if il had been
encouraged, may be seen in the inter-
change of letters between Lei. XIII and
President Grevy in 1888. The pope com
planned to NJ. Grevy of the recent anti
Catholic legislation. The president an
Swered that he deplored the extreme
measures adopted by the chamber: but
pleaded that the anti-republican spirit
of the Catholics was the cause of it.
He besought the pope to bring them
to more safe and tractable mind. and
added; 1 can do very little against
the enemies of the church; but you can
do a great deal against the enemies of
the republic
This wish of the pontiff came GER
tainly from his heart He saw then
what we see now, that upon the reaIi-
cation of il, depended not only the
but almost the existence of
Catholicity in France. Probably the
result of no other project of his entire
pontificate was watched by him with
so intense an anxiety as this appeal to |
a perishing church and nation He |
made it in the name of France, glorious |
in her Catholic history; in the name of |
himself, whose life witnessed to his love |
for the fair land and noble people; and !
in the name of Christ, qui Anne les |
Francs"
The Intermountain Catholic. (Salt Lake City [Utah] ;) 1899-1920, 1905-03-25
OUR DUTY IN LENT.

What shall we do in Lent? How
shall we make it different from the
ordinary seasons of the ecclesiastical
year? Shall we go through it, hap
hazard, as it We're; or shall we really
make up our mindst to deny ourselves
in certain definite ways, and really try
to keep Lent as if it meant a season
OF Individual self denial? Surely the
latter way is not only the true Catholic
way; but it is the manly one, the up
right one, the best and wisest way. So
what shall we do about it? We shall
make uD our minds to do some con-
quering of self in the matter of early
rising and spring out of bed ath a fixed
hour; say our morning prayers as if
they were worth saying; go to mass
every day if we can, or as often as we
can: attend the Lenten sermons, make
the way of the cross, say the rosary,
deny ourselves something we really
like at meals. AS to fasting, if we real
Iy cannot fast, at least we need not eat
or drink between meals, and at least
we need not turn our regular meals into
feasts; we can, most of us, deny our
selves some little Unregistered Heart
Review.
The Intermountain Catholic. (Salt Lake City [Utah] ;) 1899-1920, 1905-03-25


servance of Christmas began to pass
away, until now we see the Christmas
sermon and the Christmas service in
stalled in the worship service of all
the Christian churches; so it is, the
old-time prejudices are vanishing and
Christian people are seen everywhere
utilizing whatever of good can be had
from a return to the observances of
the early church. 1t DIS no occasion for
surprise, therefore, that in due time the
season of Lent should again find favor
with the churches, regardless of de-
nominational lines. 1t is surely well
that it is so. 1t is true religion is not
a thing of time and circumstance; but
it is also true that religious worship
is a matter of order, involving specific
periods, and that the religious nature is
helped by a community of observance
by Christian people ow whatever de-
name.
The Intermountain Catholic. (Salt Lake City [Utah] ;) 1899-1920, 1905-03-25
RELIGIOUS INTELLIGENCE.
(From the Ave Marta.l

A little philosophy" says Bacon,
mclineth mans mind to atheism; but
depth in philosophy bringeth mems
minds about to religion" The history
| of the world verifies his statements
| with wonderful accuracy. 1t is the
| SHALLOW dabbler in science that preten-
tlously dogmatizes about the non-ex-
istence of personal God, and attempts
to account for the world and man by
eternal matter" "energizing force,
and the like meaningless phrases. Deep
scholars and consummate scientists in
dulge in no such extravaganza. AN
undeVout astronomer is mad" says
Young. Il had rather" declares the
philosopher quoted above, believe all
the fables and legends in the Talmud
and the Alcoran than that this uni
versal frame is without mind"
one of the most eminent scientists of
tn enineteenth century, the illustrious
Able Moigno, goes further and pro-
claims that the most profound scholar
snip, far from leading one into oppo-
Sltion to the belief in a personal God,
does not entail the slightest doubt as
TO the verify of Catholic doctrine in it's
integrity. II have lived" he wrote,
'seventy-three years, / have read
eerythinS, and gone TO the bottom of
everything. and | have never been
troubled by the least doubt, the small
est temptation against the faith.
haze always believed, and believe now
more than ever, all the truths of the
Holy Roman Catholic and Apostolic
church-and that, too, with a belief
tranquil and serene, strong and lively,
and, l repeat, without a single clouds
coming between dogma and my mind.
! have fathomed, so far as l have been
oil /, =
OF science, and never has my faith been
shaken. Consequently, my words are
those of a witness at once, enlightened,
convinced and reliable
Of cognate interest and import is |
the pronouncement of Lord Kelvin to |
the students of the medical school of |
st Georges hopsital, London, thus re-
ported:
He should add to the subject he had |
another-human nature. 1t |
was with that they had to deal, and |
that carried them far beyond head mat
ter. Let them not imagine that any
of electricity or viscous
fluids would make living CELL :
The general result of an exceedingly
The general result of an enormous
amount of exceedingly intricate and
investigation by Huxley
and Hooker and others of the present
age, and by some of their predecessors
in both the nineteenth and eighteenth
was that no artificial pro-
,ess whatever could make living mat
Ter out of dead"
In these days, when sensation-loving
minister's and ultra pedantic university
professors magisterially dismiss the
fundamental truths of Christianity as
10 longer worthy of credence by an en-
ightened world, it is refreshing to read
he testimony which real scholars and
genuine savants bear to the perfect
harmony Of scientific truth and Catho-
iC dogma As a matter of fact, the
Whole group of rationalists, pantheists,
md agnostics of our time constitute
n the armament of history nothing
more than Ruskin's dim comet wag
ling its useless tail of phosphorescent
lothingness across the steadfast
tars"