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

: theology shall form part Of the eurrie
: ulum Of the school the condition was
] broken as early as 1877 and any action
T thereon is long since barred by the
, statute Of limitations applicable u
! claims against the government. II. l..
Sec. 2UU4. Hartman = United States,
- Ct. a. loo. If, however. the acts
and statements Of the parties in 1865
are TO lee relied upon as contemporaries
Gus construction the saEle must be true
Of the acts OF the parties in 1877 and
from thence To the present day. The
fact that the change from Hawaiian 70
| English as 3 medium of instruction
necessarily involved the diseoRtinuance
Of abstract studies of a theological ma
II ture is obvious The fact that this
j change was made upon the recommends.
fion eff DIR. Bishop and with the full
aequieseenee of all concerned from 1877
until 1908 is surely as potent as the ae-
tions of the naFties during the preeed-
ing years To the present day there
| has been no protest from the American
Board or from the Hawaiian Evangeli-
| cal Association as bodies. hut the first
objection is from the plaintiffs who are
trustees of certain property rights an
| der deed from the American Beard, the
/ terms of which will be more fully con
| sidered later.
Unless the condition preseribes the
amount and extent of religious instruc
/ ton 1t has not been broken. From 1877
/ until the present date the course of re-
/ ligious instruction has been substantially
| the same. This, as testified to by the
graduates and by the present principal,
&c. A. Macdonald, comprises morning
and evening PRAYER. including ocea-
| sional discussions of passages of the
| scripture, compulsory attendance at
| Sunday school with preparation of the
| International Sunday school lessons fur
nished by the Hawaiian Board itself,
| and compulsory attendance at Christian
Endeavor exercises Sunday evenings at
which the pupils are required to discuss
biblical subjects based on the Christian
Endeavor topics as given in the Chris
| tian Endeavor World Nothing III this
| religious teaching is contrary to amy re-
| ligious tenet or doctrine expressed in
the substituted confession of faith. In
point of time occupied it comprises ia
vorably with that prescribed by the
Laws of the High SCHOOL, Of 1885 as
attached to the declaration and quoted
in zoo Z. s. 207 We regard this as a
substantial compliance with the conai-
tion of transfer.
The question rs to whether this con
stitutes Lahainaluna seetarian institu
ti0n within the prohibition of that por-
tion of See. 50 of the Organic Act read
ing, Nor shall any public money be
appropriated for the support or benefit
of any sectarian, UNCONVENTIONAL or pri-
waite school or any school not under the
exclusive control of the government
is largely question of the definition
of the word sEsectarian. This is de-
fined by the Century dictionary as OF
or pertaining to a sect or sects, y and
the question in this ease would depend
upon whether the singular or plural
were chosen. The religious teaching at
Lahainaluna is not that of any particu-
lar sect but would apparently be accept
able to all of the denominations usually
known as orthodox or evangelical
Christian denominations. Whether this
is sectarian would depend substantially |
as to whether the Young Mems Chris |
tian Association, Christian Endeavor |
and the International Sunday school
lessons are sectarian or nonsectarian. |
We believe majority of persons be- |
longing to any one of the denominations |
I0lSifGtt ~ iERzah tA1o0 eaS A0h /
sectarian, while from the standpoint of
Roman Catholic or even an Episco- |
palian they would be regarded as sec
tartan because including a group of |
seets. As a matter of practical inter |
probation it may be noted that when the |
provision in question was under discus |
sion for adoption as Article 81 of the |
constitution of 1894, a discussion par
ticiI,ated in by w. o. Smith, one of the |
present plaintiffs, who opposed the ar
ticle, there was no suggestion made that |
the contemplated provision would af- |
feet Lahainaluna.
Delegate Carter said he had been
at some pains to find out what schools |
would be affected by this article, and |
found that there were five. The first |
was Kawaiahao Seminary. Even if this |
was closed up, the work would be taken |
up by the Kamehameha Girls School. |
The second was the Makawao Seminary. |
This was one of the best and has done |
splendid work, and he would be glad to |
see it under the control of the Board |
of Education. The third was at Ko-
hala, and could be greatly improved and |
enlarged if taken in hand by the board. |
There is no girls school on Kauai. The |
Hiio Boarding School for Boys is an
other that viii be affected, as it would /
lose about $500, but that is an insig |
nifcant amount compared with its ex-
pense. The Kauai Industrial School is
the last one 1t viii be much better 10 |
take Government assistance away from |
these schools. and he trusted that the |
report would receive warm support of /
the Convention Convention Proceed |
ings, 1894, June 19, Afternoon Session,
p. rs.
In any event the question does not /
appear to be material to the present /
case. as it can make no difference to the |
plaintiffs whether the appropriations /
for the school from time to time were /
legal or not. while if the adoption of /
the Constitution of 1894 be regarded in |
any way as conclusive against the right /
of the Government to fulfill the condi- /
tions of transfer. the claim would be
barred by the statute of limitations.
So far as the condition respecting the
cultivation of sound literature and solid
science is concerned a glance at the