The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-07-02

? know on what poll hts I am re-
$ eulred to give an apySF He advises
: the board of education ri a deed oil
: conveyance should have Il. made vel
: that no one now can aispoks SIS the gov-
: eminent If it shah keep a. conditions
: OF the transfer. He Qtoae the condf-
: tons and gives his opiki a that the
; original confession OF faIEh as far as IL
goes does not differ in fanythtng from
( what is taught In the Ronsan and An
giican churches by Afethodists and
, probably some others. fHe then refers
10 the proposal Of a siubstit& led con-
fession of faith. which. Judges from
the nearness of the date from the sth
OF May to the 18th of April. he as
sumes was before the Prudential Conn.,
mittee in Boston and therefore the one
OF binding effect Thel allegation in the
declaration that he ''ref 5 to the sub
sritution of the second tnfession say
ing that it is a much unger Instru-
ment" is unsupported ~ the letter.
On the contrary the orney genefaI
! says that the subS45 ed confession
differs from the first / no essentiai
particular except the I article (tass
three lines" written the marglnf.
These lines relate to right TO par
take Of the Lords Sc Ter. and the at
i torney general argu that these are
unessential as artie1, IF the Christian
faith. He then conc s6es. Should the
government not be Hing 70 keep the
conditions as far as ave shown tnenf
I tsee p. 81 the proT,rty and improve
ments must be restored to the A b.
c. f, H."
/ This opinion gives US no materiaf
assistance in continuing the tesms or
the transfer nor does the recent opin-
ion of an assistant attorney general
also introduced by the plaintiffs throw
much additional light. On March 81.
! 1908, Phillip L. Weaver. assistant at
torney general, rendered an opinion TO
the chairman of the senate committee
ION public lands The principal points
made are that the condition of the
trust as to religious teaching being
negative the government is mot COM 81
PEELED to teach any religious doctrines
whatever. and therefore in my opin-#
ion cannot be held to be a sectaria7
institution
In 1865 a controversy arose over the
right of nomination of teachers for
! the institution. Samuel n. Castle.
agent of the A B. C. F. NJ. having
urged the board of education to fill a
vacancy and having submitted a list
of names which would be entirely ac.
ceptable to the A. b. c. F. n. in case
they should be preferred by his Majes-
tvs government to the nominee already
named plaintiffs Elk. 2. April Is. 1851,
the board of education inquired wheth-
er Mr.. Castle implied that the board
had not full liberty to select the mas
tiers in question without reference to
any other authorities, and il so to state
the nature of the ground on which any
such claims to interfere with the in
ternal management of the said school
appeared to be founded" plaintiffs.
Eek. 8, June 3, 1861 Castle replied al
aeTssfh giving his views not only upon
the question Immediately in issue but
upon the general construction of the
contract. He admitted that literally
construed the terms of the conveyance
gave no right of nomination and the
American Board had no right to inter-
fere until something has been taught
in the institution contrary to the con-
fession of faith, but claimed that the
instrument was defective in not explic-
lily recognizing a ratifying or nom
mating power in the American Board.
and that the appointment of any mar
not acceptable to the A. B. c. F. NJ
to the post of teacher in the institv--
ton would be a violation of the whole
spirit of the agreement (Plaintiffs>
Elk. 6, June Is. 1861
The board of education replied that ie
inferred from the letter that the claim
might still be advanced that the board
had not full liberty to select the mas
tiers in question without reference to
other authorities and stated that it was
of an entirely different opinion. In its
view "a suggestion from those repre-
senting the founders of the institutions
is entitled to respectful and cour-
teous consideration but they desire it I'd
be distinctly understood that a right
Of nomination does not exist, is not
limited at and was not intended to be
on the one side or granted ON
the other" The board disclaims any
desire to defeat the purpose for which
the institution was founded "or intro
luce any doctrine, practice or infiu~
enee antagonistic to the faith, practice
and forms of worship of the founders.
Referring again to the claim Of the
tight OF nomination the board 'Whoiiy
and unequivocally dissent. They are
IF the opinion that full compliance
with the agreement consists in ap-
persons teaching in the doc
-rine and after the manner of the Con-
and PRESBYTERIAN churches
IF the United States %. he accept
ability or the contrary % tie 0efshh
appointed to the A T. < If forms
no part of the contract either in letter
in ri y>1,n .FEz
appointed Serene E. Bishop. the origi-
nal nominee of Mr.. Castle. tPlaln-
IFS Elk. I, June 80. 1862
In 1877 occurred vital change IN .ne
and instruction OF the
seminary. This arose from the SUI
tuition of English for Hawaiian as the
medium of instruction. The conse
luences are foreshadowed in a letter
from DR.. Bishop recommending inc
change as follows
ITO Hon. c. r. Bishop, President OF