davidaulloa/AmericanStories huggingface dataset:
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-11-29

otherwise available for the he might have applied to the
for resort to the appropriation of $5OOoO made for
contingent purposes the latter alternative, however, not
concurred in by the minority.
The following illustrate the rule The constitutions
atty of law requiring the bond of officer to he lien
the real of officer and his suctcs cannot be attacked
by persons voluntarily executing the bond Ihe doctrine OF
due of law certainly be invoked by those who
have voluntarily executed the bond" NJ Vernon kcnlan
80 n. Y. Suppl ST. One who had been deprived by
constitutional statute of right to have damages assessed for
the taking of his land held have waived h right TO
insist upon the unconstionaity by having agreed that 81"
the property should be abandoned by the respondent for his
benefit his damages would be very small if any, and that
thousand dollars would be reasonable for him under the
agreement" HELEN V. city Of Medford 1Ss Mass A.
taxpayer whose land sold for nonpayment of taxes
held to be mot in position to raise the question of the
stituonaiy of the acts" under which his property Sold
for "a person may by his acts by his omission act
waive right which he might otherwise have undo the pro-
visions of the constitution" Bacon Rice II Idaho, 1O7,
49, The defendant imprisoned under city ordinance for
selling aducratcd milk, had furnished samples Of the milk
without Directing the constituonay of the ordinance
quiring this to be done and held to have accccd in it,
llc cannot be heard to question the regularity or the legality
of the execution of the ordinance, the execution of which
he consented State SOrc l6 La Annual 14S. Defend
ants, who built dam under statute requiring their pay
mcnt of damages held not he at liberty ito question
the contutonay of the provision for assessing the dam
ages. People Murray llill 1914. In action fore
close lien street for work done lie de-
PENDANTS lots il held that the appellants, by failure to
object to the proposed work at the time named in the pub
lisbcd notice now T." heard make the objection
which they should have r"c the work romcncc AMI
in the prescri'c i'll the statute the objection ncua
ing the claim that the az sm,nt vas in conflict with the
fourteenth mncldm OIca " NhhrH III Cal. 3Tl. SEQ
also Toss y CoorH, II y. Y. ll5.
"A person may by his act cms ion to act waive right
which h, might "hcrwisc have under the constitution of IL
United States well under statute" Pierre Som"r-
set Ry IN L. s. Gl Gs. An nsov debtor who prove,
his debt in insolvency and accepts the nct Of proceedings
under thereby valves any right which he might
otherwise have had 10 object TO the validity of the statute
impairins the obligation Of contracts Euys Bocs 100
L. S. $Gl. See especially shepard Bao 1914 L. s. 553,
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-11-29
BROWN Named
AS Chairman
Liquor Commissioners Hold
Session and Warn
Saloon Men.

At the meeting of the Board of
I,,uor license commissioners YES
,,,,,., =, p.,, - elected
eeiuay "h'"iu ~ i'o"" vas
chairman In place oil clarence Cooke,
who is leaving the Territory for an
ovtondad absence IN tho mainland In
~, a., p,,., s,.,-
aSeepuns tne poS ,,',,i,n -, 800 H.
gu ne "o , 80 A.. 80, h,,,
rs ,'' ~, ~ ., ~ ls,,,,,,.
W'uiu ie',e Nc Az Co. " o,npn
c"a'i man upon WI, ~, IT., 80, 's
- SUI ~. ,,,nu ,os,or-
% ,s,,., ,I,,aJ -, an 10
uuy, na'nns ~" J o,oJ hn ,ho
,aIaoy y" ,s'i c,,ia -, go
rslsna',o" " ,Il 's p 49,
.i y. .ne o,oN,,an 'N0P'
''ee as ,no ~ 49,. ,,o ,or
ou,e" ', 1870 ~, ns.,i ,,as
u'a,"e W." ~. 49, 10
u aeluas i Euuii NJ MI ~, ne ,Waina
speo.J , r ,na nn5 ,na, s ,snrId
hu s" - wa a. n,in. ~, rnnms
nav " losu i nv , Nn w aaTnmn
aoo.o n,s sa'o SI ~ ""'' '"' ''''o"
w Nh, b., ~, ~. r,oor,, uos ,,Id
| ' ". =,
1
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-11-29
Appreciation

TO THE PuBlCW wish at this time express appreciation to
the Island public tor the confidence repoSed manifested
large number OF purchases OF the motor deal Altogether
past have handled ten different makes cars; handle
only three
There is a .lSon for this.
To handle make that produced seemed
trying on the dog'-Wih the public as the Dog.
Our policy study the situation carefully gauge conditions
and then consult the best automobile authorities
result that represent today
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-11-29
IN THESUPREME COURT Or TIE TERRITORY OF
HAWAII. &

No. 10. lERRI lDRl oF HAWAII, ~ MAkSlDN
CAMPBELL. SUPERINTENDENT OF PUBLIC
WORKS, T. TUE BUN. Reserved Questions from Circuit
Court First Circuit Oral motion amend decision Argu
November ~ 1910. Decided November %. 1910, Hart
we'll Oh, Perry and De Bolt JJ. Per curam The de-
cision filed is that the circuit judge lis advised that the
ftnans molten for Judgment should be denied and iwlg
nent given for plaintiff prayed" The motion that the
direction that Judgment be given for plaintiff prayed b.
stricken defendant stating in favorlo the motion that it
is his desire present in the lower the further dcfcn'cs
a. that the case of TERRITORY Brow 10 IIaw II, should
I've ovcrruc (2l that recovery be had for the for
the period subsequent the date of the commencement Of this
action and CD that the Of 1904 il unconstitutional in
providing for penalties for delinquent The question
lane the penalties argued at the airing the
questions and considered by the The estoppc
found exist concerning the setting of the sution
ay of the statute of 1904 applies with reference to the
called penalties well the ordinary rates The pen
allies simply additional charges prescribed to be paid III
the that the ordinary paid within the time
stated Such additional charges part of the agreed
be paid by the defendant in the sued The
of questions reserved apparently prepared
the theory that the parties had presented all Of their claims
and lcfenscs the lower and that the decision of this
court should determine finally the issues between hcn GUS
ton three asks "Shoud defendants motion for Judgment be
granted should Judgment be given for plaintiff prayed "
The decson CLEARLY responsive this question the
first alternative in the negative and Tie second in the airmr
ativc .r- I,..I' ~
NE w. Sutton Deputy 4Horney General for the Territory.
9iIfdyoon Il Wrarcr for defendant
;C yTGGos"9' ''a BY the Court,
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-11-29

weekly RuI,e,in ~ per ,rar.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-11-29
TERRITORY OF HAWAII, BY MARSTON CAMPBELL,
SUPERINTENDENT OF PUBLIC WORKS, .. TUE
BUN.

Reserved QUESTION FROM CIRCUIT CouRr, FIRST CIRCUIT.
ARiriD NOVEMBER 4 1910 DrCIptD NOVEMBER II, 1910
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-11-29
The Pierce Arrow
Chalmers
Hudson
(Al Licensed Patent)
(All Licensed Under Sclden Patent)

Ptent
These three great best practice In
automobile pes prices
manufacturers these great are the leaders the in
dIsty.
By handling only these three great
public and the manufacturers.
There from five to eight different parts
multiply this by en and the number Few dealers
could
liable accident. but with three different.
VIC wish name to be synonymous with the
GOOD AUTO SUNDREs AND GOOD SERVICE.
Faithfully yours
Associated Garage, Ltd.
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1910-07-08

because the work is only for one OF
us, John said. One Of us must
go, the other stay her and live as
always. One must still be master Of
Sun-Kist, still the head Of this
household of ours and an ire
proachable citizen. He had better
not know too accurately what the
one who goes Is doing"
"John!"
John Allard slipped impulsively
from the veranda rail and came to
sit on the arm of Roberts chair,
drawing him into a caressing EN-.
brace.
Il know; we've always played to-
gether, dear old fellow. School and
college, and the short time since
the two years. difference between
us got lost pretty early. But we
must learn to 60 alone at last. And
If We undertake this insanity-for
it is little better-we must stand
without flinching all 1t brings. Is 1t
worth while? l do not know, but I
know many man has gone into
the underworld to protect a woman.
How many cashiers have misused
funds entrusted to them, how many
business men have stopped to it,
legal methods, in order to give their
wives-not necessities, but luxur-
les? We see it every day, this
cowardice for some one loved. Only
they do it by degrees, and we do 1t
all at once"
ut does not sound very pretty"
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1910-07-08
co Min u E .
.F r O -
p A G f O n f
THE GAME AND CANDLE

have travelled all over Europe and
speak French and Italian; that is
all my stock in trade, except an
education"
Mine 10 less"
"We have wasted our time thor
oughly, If innocently. Now We pay.
Do you wonder that 1 look at the
outlaws )th that offers itself?"
His brother moved, startled.
"Offers itself, john"
Eyes; I did not think of this with.
out the prompting Of circumstance.
Are you dismayed, or shocked?"
IT can not see very clearly" Rob.
ert answered simply. Cor, rather,
keep seeing the wrong things.
Nothing dismays me tonight except
the idea of pain coming to Theo and
her mother. l do not say it should
be so; merely that it is. We are
more ornamental than useful, we
Allards, as you point out, but we
have the art Of loving. l think most
people have a less capacity for it;
l believe 1t Is a certain intensity
born with one-a gift, a talent. And
We have 1t. Tell me more"
Il shall not tell you very much.
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1910-07-08
II HEAT E RS

Observation-Disclosures is lots of
comedy and lots of novelty at the
Washington this week. Chief among
the entertainers is Miss Alice Mort
lock, a dainty little woman from
the ranks of the legitimate stage.
Miss Mortlock heads clever little
company in ap laylet entitled, THE
Other Woman"
OBSERVATION-DISCLOSURES the OIL
next week will be found Gus Solke's
Bama Bama Girls, with Jimmie
Lucas, an old Spokane favorite, as
the star. 1t is a breezy, bracing
frolic, with captivating dances and
comedy. Franklyn Underwood and
Frances Slosson are also on the bill
with Jack London's latest sketch.
entitled wicked Woman" A
unique feature of the bill will be
Brahms Photographs, a silhouette
novelty of merit which has been
big hit
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1910-07-08

he acknowledged wistfully. "It is
the old legend of selling your ego
to Mephistopheles. Only, wouldn't
so much mind going to hades after
ward; it is the clasping Mephisto's
smudgys fingers that hurts"
CONTINUED Tomorrow
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-20

undertaking to do by executive mandate
what tho law does not recognize, and
To interposc administration orders be
tween tho citizen and his lawful
rights.
II conservation is TO bc the policy
of tho country, if the people are to be
deprived of privileges now conferred
by law, let Congress withdraw those
privileges.
If individuals or corporations arc not
to be allowed the power 10 appropriate
water rights for power or other pur.
poses, then let Congress withdraw tho
right which it has heretofore granted
To this effect Let it. in short, get rid
Of all of the dictatorial features of Tins
business, do what we want TO do
through thc law; then there will he
no reason To find fault. no opportunity
for sentimental personalities. There
will be DO uproar nor personal policies
TO bo carried out or thwarted.
Ours is a government of law, not of
dictatoriaI powers: administration Off
cals arc provided for the carrying out
of the statutes, and not of ruling by
executive order, according 10 our
theory of government administration
they arc not To issue arbitrary orders
or TO enforce dictaIerial power, Their
authority is defined in the law, and their
duty is TO carry ont the law. II is no
part of an executive office. either of
high or low station, to give orders
outside of the law. This has been done
too much, and this is really what leads
TO all the strife that has arisen 1t is
a case of the executive supcrseding the
executive order stand in place of the
law, or TO set the law aside
Let us get back to first principles
and plant the conservation policy upon
express legislation II this cannot be
done, let MS at least adhere TO our
wellprovcd governmental system, where
in the executive Offices are not TO be
entrusted with legislative power, and
whore they derive their whole au-
thorlty and power Of action from the
statutes. All that is necessary in this
whole matter is 10 revert to founda-
tion principles, and square the action
of all the officials of the government by
that standard. Let the legislative de-
partment lay down the law, and let the
executive Offices conform to it in all
that they do; then there will be no
chance for differences or for contention,
or for the trespass of one department Of
the Government upon another. Let us
get back to first principles in all this
business, and stay there,
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-20
Where The Tribune Is on Sale.

Bineham-~l1. II. Lovesyo
Eureka-Jas- II Ford.
fark City--A- Morning
Murray-EXceIsior Stationery co. lno'
phone 11I-l.
pgden-24SS4 Washington avenue
provo-Utah News Co.
Now York City-Waldorf-A Astoria fio'
aling's. Broadway and 3Sth ST -,
ChicSS SSo-Chicago Newspaper Agency l.o
Madison St Empire News STAND Auoi-
torium. Palmer House. >-..o
Washington, ID. c. = Columbia News
Agency. National News Agency. ne"
Willard News Stand.
Omaha-Barkalow Bros. Union loepor
Gates News Co. l60l Farnam 81
Kansas City-World Yoma News Co.
Portland-Bowman News Co. Rose S''S
News Co, Oregon News Co. ,os
fox, Hotel Hayward. w. Weliock;
Stand. N. Wheatley. United news
oakland-Amos News Co. Athens News
Seattle-A. 1serlis. Amos News CO.
Spokane-Wide World News Co.
Tncoma-TreGo News Co.
Denver-Brown Palace Hotel n: r
Hansen. Kepdrlck Book and station
cry Co. s. Wldon. Western news
Agency.
Boise-Boise Book and Music Co G,
Bonetti. Edmond Salmon ldanha
Pocatello-Book store Pharmacy.
Butte-Keefe Bros. p. O. News STAND
Jno. G. Evans.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-20
RAsIs FOR CONSERVATION.

Those. who have gone off in sort
of sentimental rhapsody over the koose-
Welt policies are astounded at the break
down of the Plnchot- CLAWS Garfield
charges against Secretary Ballinger,
and mourn that the Roosevelt idea OF
preserving the natural resources OIL tne
country is about to fail.
Such persons mistake the point at
issue; 10 one opposes the conservation
of the natural resources of the country;
nobody wants anything wasted; nobody
wants to have great monopolles get con-
troll of the coal lands, water power
cites, and the public transportation that
is necessary TO development of the
country. All of this misapprehension
is wrong; that is not the idea mt all.
The radical difference between those
who are engaged in sentimental cru
SADIE for conservation and those who
want conservation put on lawful
basis is that the flrst-named want tins
conservation to 90 on without authority
Of the law, while the second want it
r0unQcu I'D tUe law i'ciSIpioio ~ hoo
been administrative, the Pinchot
policies were carried on without su-
thority of law, and often in direct con-
tempt of law.
1t is admitted that the monopolistic
concerns should not be allowed to seize
water power sites or to absorb the
coal deposits; but as the laws now
stand, individuals and corporations are
allowed to take the water power sites,
to take the coal lands, and file home
steads on the forest reserves if the
forestry commission gives leave, and,
in short, the laws allow these very
things to be done as matter of public
and personal right, which those senti'
mentalists are doing their utmost to
prevent being done. If it is lawful
for homestead to be made on a forest
reserve, why should a person havo to
go to an official to get leave to exercise
his rights under the law?
| If it is law that individuals and
corporations may make entry of coal
lands, as it certainly is, why should an
| fere7
IF it is lawful for individuals and
corporations to make appropriation of
water sites, why should a Secretary of
the Interior or other executive official
be allowed TO make wholesale with
drawnl of water power sites, so that
the citizen or corporation cannot exer-
else his or its rights to appropriate
the water to beneficial use7
The central truth of this whole mat
! ter is that the conservationists arc
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-20

mineral aboundiug in this country, but
gave IT out with his usual ecclesiastical
audacity that whenever IL became de-
sirablc to develop mining the word
would be given through the priesthood
of the Mormon church. This editorial
in the Utah Magazine having antici-
patcd the time when the "word should
90 forth from The priesthood, - it gave
great offcnsc to Brigham Young. the
ecclesiastical dictator and opponent of
mining. At meeting Of the "school
of the prophets. held OH the Saturday
night following publication of the edi-
torial Mcssrs. Godbe and Harrison were
publicly upbraidcd for their contumacy
in "raisiug tbe heel and the voice
against 'Ftbc Lord s anointcd Z" They
were accused Of having exhibited n
spirit Of apostasy. In order to place
the matter definitely before the 'Escbool
of the prophets.' Brigham moved that
| the people no longer sustain the Utah
Magazine. When the negative vote was
called for, Henry ". Lawrence OPP
posed thc motion. He was called to the
stand 10 state his reasons fer opposi-
tlon and gave such a good account of
himself that Brigham closed, the Incl.
dent by directing that Mcssrs. Godbo
and Harrison appear before the high
council and answer to the charge of
aPostasy. That meeting was held the
following Monday evening in an upper
room of the old city hail. and Messrs
Harrison and Godbe were placed on
trial. They were accused of apostasy
the charge being stated by the clerk
reading the editorial that had appeared
IN the Utah Magazine, advocating dcvcl.
opmcnt of Utah s mining resources
With little ado they were cXcommunicat.
ed, Elder Eli B. Kelsey protesting and
voting against this summary excommumi-
cation. Brigham Young jumped TO his
feet and yelled, 81 move that Brother
Kelsey he cut of the church, and Mr.
Kelsey was also "turned over TO the
buifetings Of Satan. -
During the course Of the "irial,n one
OF the high priests constituting the high
council arose. and pointing his shaking
hnger at Messrs. Godbc and Harrison
shouted: "No men since the founda
ton of the earth ever had blackcr
hearts than those two men sitting thercl
They want to open up the mines and
bring all hell and the devil in herc!'
And all this because of a printed ar.
tlcle, recommending development of the
mining resources of Utah. and suggest.
ing that the time was ripe for cxten.
siVe work, The case IS so complete as
against the assertion of the News that
III is surprising that the church organ
should have brought the matter for.
ward Its own columns of the older
days contain the history to confound
it today,
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-20
THE FIGHT ON THE SPEAKER.

Speaker Cannon has no one but HIM
self 10 blame for the decisive over
| throw which he has received i'll the
House of Representatives. He gave
rein to his personal and partisan ami
mosites to an extent that scores of his
own party members were made so angry
that they were ready to Join with the
| Democrats in opposing him.
Speaker Cannon deposcd from their
rightful committee positions a number
of the strongest Republican members,
simply because they declined TO do as
he desired in the former Congress on
the currency and other questions.
Among those So stamped on was Repre-
sentative Charles n Fowler of New
Jersey. probably the strongest member
in Congress on banking and currency
questions. He was chairman OF the
House Committee on Banking and Cur.
rency, and was entitled TO retain his
position as such But Cannon deposed
him; and others suffered IN the same
way from the Speaker s arbtrariness
and determination to punish those who
ltI uoti " uC NhlpD'h lbIp INC bh lDdIN
ters which he chose to consider party
questions,
The result came as a sensation, and
those Republican members who had
grievances against the Speaker rallied
in full force and administered such cas-
tigation to him as has never been
known. This castigation stopped only
al the point of deposing him. and he
may still be deposcd, unless he gives
up his spites, his narrow partisan prcJu
dices and his punishments,
Bui to pass such resolution as was
passed, providing for the formulation
of rules for the House, to be drafted
by the members from stated districts,
expressly ruling the Speaker off from
this committee on rules, is the most
drastic snub ever inflicted upon a
Speaker. 1T is no wonder that Mr..
Cannon at once, on the passage of this
resolution, announced that he would en-.
tertain motion that he be deposed as
Speaker, If this was bluff. it was
instantly called, and the resolution was
offered. But the House was not pre-
pared TO go so far as that, and the
Speaker was saved as by "the skin Of
his teeth. - The drubbing he received,
however, was a severe one, and it is
to be hoped that it will have a salutary
effect.
No doubt the amendment Of the
rules, which will be reported by this
committee on rules, from which the
Speaker is expressly barred, Will,
among other things, recommend that the
House committees shall be made up by
the House itself, and not be appointed
by the Speaker as heretofore. In other
ways, too, the power of the Speaker
will be curbed. and Mr., Cannon's pro-
testation heretofore that this whole
matter is in the hands of the House
will be yet further vindicated. But
it will be bitter pill for Mr.. Cannon
lust the same, though he will be com"
PEELED TO take it. In the meantime, he
will have leisure to reflect on how far
his proposition that those members who
opposed him arc in fact Democrats and
not Republicans, which he so strenuous"
lv insisted upon, tended to unite them
against him in this battle. 1t looks as
though they took him at his word.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-20
A SAMPLE OF THE .'HARMoNY. -

The discord in the Republican party s
acts and pretensions could not be bet
ter illustrated than in the fact that
IN one breath the party leaders are
proclaiming that the Republicans had
kept all Of their pledges, and in the
next breath are calling franticalv upon
Congress to get busy and redeem the
party pledges. President Taft in his
speech before the Chamber of Com
merce in Rochester, New York. on Fri.
day evening, made specific arraign-
ment against Congress for It's neglect
of party pledges, and stated a pro-
gramme that it was necessary for Con
gress to act up to in order to show good
party faith.
At the same time, Speaker Cannon,
Senator Aldrich, and other great party
leaders have been persistent and de-
fiant in their protestations that every
pledge made by the Republican party
had been faithfully kept. Even Smoot
and his little mouth organ hero are
vociferous to the same effect; and this
Just as President Taft is urging the
party, publicly, specifically. and vigor-
ously, to keep the pledges it made to
the people. 1t is certainly a curious
situation.
The party bosses claim fulfillmeut.
The party President shows non.ful-
fillment. The people know that the
pledges have not been kept. 1T will
be quite in vain that the bosses keep
up their clamor that they have done
what in fact they have not done, for
tho case is too plain. The President
is right, and those who claim that the
party has redeemed its pledges are will
fully lying about it. But it doesn t
pay, in this day of ready dissemination
of fact and truth, for any who rely
upon The people for their backing, TO
undertake to deceive the people. For
the lies of the deceivers are sure TO
find them out, and the disastrous end
of the dcceivers is sure,