The San Francisco Call. Newspaper, October 18, 1898, Page 2

THE SAXN FRANCISCO CALL, TUESDAY, OCTOBER 18. 189> CHINA’S EMPEROR HAS A PROTECTOR Report That England Has De- manded That He Be Re- stored to Power. Shanghai here to th ays: effect that Sir pertai depose s solely to the and that he must and the other re: t Britain wi 1 be tse ports are in great danger. o000000C0CO0000 LONDON, Oct. 17.—A dispatch to a London news agency from Reports from Japanese sources Claude Peking, has informed the Chinese Government that sovereignty ap- Smperor, who restored to his position, while Kang ormers must be pardoned. enforce these demands. in Hunan province is certain. Most of the residents have left Chun King, in the province of Se Chuen, and the foreigners of others ports are preparing for a hurried departure. CO00000000000000000 in circulation Minister at are Macdonald, British has been foreibly abducted and Failing com- Foreigners at Yang- CO000CCO000000 0000000000000 v has ex- e a failure for tt by the voked until after F v that an ordi fixing rates, s uent to valid as if it were pas . and that the rates fixed linance may be colle sumer, ¢ 1d not au to compel ac tion under d nu a lid It must, passec of if as follow: provision of the section which ders the board “liable to s ies Ter ther Legisla. the o nth of Fet y that absence not be of the Legislature to pre- nce of th provision of the passed of 1881, with the legislative where conferred b Section 8 of this ac or refuse ribed n the shall be deemed in of- fice, and of at the suit of in any court of comp be removed from office To the t this section au- thoriz to be impo erested party not within the provisic section of the consti should be held ths above unless it provision for the process the irt of action pel by the voking aay The evident to provide a penalty b; shment for the de board. Th que s s to compel action. » of the section is way of pun- of the “upon the and re- moval from an offense w are conclusive rease for that the purpose of the n was not to compel action by the board, but to sh it for its failure to act. The n in the sec be impo sted party on that the pen- ~d *‘at the ' is, howeve n 20 of process s ‘the People of the State of California’ and all prosecutions shall be conduct- ed in their name and by th au- thority. In whatever terms the failure of the board to pass the ordinance in Febru- ary may be characterized, such fail- ure, aside from the rights of a party who may compel action by the board, is an offense agal t the entire State, and not agaf 2 individual, and under the above provision of the con- stitution the Legislature not the power to authorize a prosecution for such offense at the insti e of any In- dividual. Moreover, irrespective of these con- siderations, the plaintiff herein is in no respes an “Interested party’” at whose Instance the penalty may be tmposed. He alleges in his complaint as the basis of his right to maintain the action “that said plaintiff s a citi- zen of the United States and of the Btate of California, and is and for many years last past has beena resi- dent taxpayer, householder and free- holder within the sald city and county, and a user and consumer of the water sold and distrib- uted and supplied by the Spring Valley Water Works, a corpo- ration as hereinafter set forth, to said city and county and the inhab- ftants thereof, and therefore is in- terested In the rates of compensation collected and to be collected by said corporation for the use of water so supplied and to be supplied to said city and county of San Francisco and the inhabitants thereof.” If it be assumed from the allegation that he is a user and consumer of wa- ter, and that he is also a rate-payer, it does not follow that he has any in- terest which autharizes a prosecus tion of the board for its alleged offense, It cannot be said that one citizen of the State or of the city than another is intere: a penalty inflicted for delinquency official duty, and the use of the term “party interested” rather than “per- son” in the above section of the stat- ute indicate that the Legislature in- tended the “‘suit” to be instituted by one who had some personal and indi- vidual interest in the subject-matter, who had been injuriously affected by the failure to pass the ordinance. It is shown by the record herein that on the 24 of June, 1897, the Board of Supervisors did pass an ordinance fix- ing the rates to be collected during the year commencing on the 1st of July succeeding, and, as the present action was not commenced until the 15th of July the plaintiff was rot at that time a “party” in any respect interested by reason of the failure of the board to fix the rates in Febru- ary. ‘We have seen that an ordinance fix- ing rates which is not passed until after February is as valid for the purpose of determining the rates to be collected as though passed in the month of February, and that the rate- paver {8 not interested in the time at which the ordinance is passed, pro- vided there 1s at all times a legal or- dinafice under which he can know whether the amount demanded for the water supplied to him is correct. Prior to ] 1, 1897, the rates to be pald by the plaintiff for the water supplied tc him. were fixed by the ordinance that had been passed in the prevlous year, and on and after July 1 they were fixed and capable of ascertainment by the ordinance passed on the 2d of Juna. It is not claimed that this ordinance IS In any respect illegal, defectlve or unjust, and, as the plaintiff was not. therefore, in any respect injuriously aftected by the failure the board to rass the ordinance in February, he Was not an interested party thia the meaning of the statute, and had no authority to institute the present p:o- ceeding. The court, therefore, when these facts were brought to its atten- tion, should have dismissed the pra- ceeding. The dgment and order denying a new trial are reversed and the Su- perfor Court directed to enter an or- der dismis ing the proceeding. : HARRISON, J. We concur: N FLEET, J., ITe.C. 3., SHAW, J., TEMPL McFARL CONCURRING OPINION. I have not concerned my: consider: of the g as to whethe ot Fitch is a proper party e this proceeding. My rests upon the broad prop- the act {s unsound legls- lation and should be so declared. When this as here some time ago upon a preliminary proceeding, I had occasion to investigate the law bearing upon it, and gave my . views in a few words as struction of the s this proposition is based. (Morton vs. k. 118 Cal., 487.) At that time it that the charge was essen- criminal, and, being so, no law to the proper con- under which could stand which punished innocent office holders because some other of- fice holders may have been gullty of malfeasance in office. Upon such construction the law impressed me as violative of fundamental principles and necessarily unconstitutional. The time intervening since that decision rendered has only served to more firmly convince me of the soundness of the views I then expressed. As a civil proceeding, the judgment rendered can only stand upon the the- ory that the act of the Legislature upon which the proceeding was based is in the nature of an act fixing the tenure of office of the varfous public officers of the State, whose dutles un- der this statute demand the fixing of water rates in the month of February of each year. Such a construction of the statute cannot be assented to for a momen It is not an act purport- ing to fix or regulate the term of of- fice, but, rather, an act to punish cer- tain public officers for violation of of- ficlal duty by depriving them of the remaining portion of their terms of of- fice. There is an express provision in law declaring the official term of these officers to be two years. Construing this act as a tenure of office act would place it in direct opposition to this express declaration of the law. This statute was enacted under express authority and direction of that pro- vision of the constitution of the State which declared that the Legislature may prescribe penalties for a fallure upon the part of Boards of Supervis- ors o fix water rates in the month of February. How can it now be held that the Legislature, in pursuance of such authority, granted by the consti- tution, passed an act fixing the tenure of office of the Supervisors of the State? 1If such be the character and purpose of the act, it is neither au- thorized nor in line with this author- ity granted by the constitution. The fair, reasonable and proper con- struction of tihe act Is that the Legis- lature, in pursuance of the authority and direction of the constitution, pre- scribed a penalty for faflure of the Supervisors to fix water rates at re- moval from office. This act would have been no more criminal in charac- ter if the Legislature had prescribed the penalty for failure to fix the rates at imprisonment in the County Jau for six months, or at a fine of $500. It must be conceded by every one that the judgment of removal from office 1s a penalty. Yet all must recognize the fact that a penalty is but a punish- ment Inflicted upon a wrongdoer. A party wholly guiltless cannot be made to suffer penalty. And, if this removal from office is a punishment to be in- flicted upon an officer for non-perform- ance of official duty, then this act is certainly not one pertaining to the ten- ure of office. The Legislature has the power to fix the tenure of office of the varfous county and municipal officers, and in the exercise of such power may de- clare the expiration of the term to take place upon the happening of some future event, which may or may not happen; but, If such event does hap- pen, the office-holder goes out of office because his term of office has expired under the law. His term has expired as apsolutely as though the day fixed for its expiration had been known at all times. But there is no semblance of penalty suffered by the office-holder in such a case; no punishment is in- flicted upon him. In other words, if the removal from office attaches as a penalty to the office-holder, the act au- thorizing the removal can in no sense be treated as an act relating to the tenure of office. Agaln, there is noth- ing in the act In any way indicating that it was the purpose of the Legis- lature to legislate as to the tenure of office of members of the Boards of Supervisors of the State. To the con- trary, every paragraph and almost every line of the act indicates that the Legislature intended by its provisions to punish Supervisors by removal from office for failure to fix water rates in the month of February. The phrase “guilty of malfeasance in office,” and “upon conviction,” found in the act are not barmless, innocent terms, and would be found in ne act dealing with tenure of office. The attention of the court has been called to no act in this State or elsewhere of general similar import, which bhas ever been construed 2s an act relating to tie tenure of of- fice. It is assumed there is none. A judgment that these Supervisors have been guilty of malfeasance in of- fice—and such is the judgment required to be entered by the act itself—cannot be justified under a purely innocent act relating to the tenure of office. It is substantially conceded by coun- sel for respondent that, if the statute is essentially penal, and the action es- sentially criminal, then this judgment cannot stand. That it is an act penal in character: that it is an act essen- tially and directly afmed at the pun- ishment of Supervisors for the non- performance of officlal duty must be conceded. Many reasons are based largely upon the peculiar character of procedure to be followed. It is only necessary to say that every reason suggested was carefully considered in the vel recent case of Kilburn vs. Law, 111 Cal., 239, a case involving an attempt to remove the Bank Commis- sioners from office for the non-per- formance of official duty. A single dif- ference divides the two cases—the fact that the prosecution was there commenced under section 772 of the Penal Code, and here brought under a general statute of the State. This dif- ference is wholly insignificant. In that case it was declared that the proceed- ing was criminal, although it bore substantially all the marks of a civil action found in this case. As indlcat- ing that the particular character of procedure to be followed in a case like the present does not brand its char- acter as either a criminal or civil ac- tlon, it is suflicient to say that the constitution of the State, article IV, section 18, after providing for the fm- peachment of various State officers, declares “all other civil officers shall be tried for misdemeanor in office in such manner as the Legislature may provide.” It is thus apparent that the doors are left wide open by the ~on- stitution for the Legisiature to provide for the trial of municipal officers for misdemeanor in office in any way that body may see fit. Under the very terms of the constitution the power of the Legislature in such matters is ex- clusive and supreme. In conclusion, we find the principles involved in this case covered as by a blanket in the case of Marks, 4 Cal. 194. That case, as authority, has stood for a quarter of a century, quoted and approved by this court upon many occasions. It was the unanimous de- cision of the court, a court composed of eminent jurists. Marks, a Harbor Commissioner, was charged at the ion of a private citizen with neglect of official duty under an act of the Legislature passed in 1838. In all essentials the constitution of the State at that time was the same as we find it now. In its opinion the court in that case, defining the scope of the act, declared: “It is provided in sub- stance in the act of 1853 that any per- son holding any office in this State, who s neglect to perform his offi- cal duty accordin to law, shall be de- prived of his office.” Tt will thus be observed that the act is mild and bland-like in its language com- pared to the act involved in this case; but at the same time it is equally ap- parent that it is identical in principle. After exhaustive argument and con- sideration, the court there laid down certain principles of law which are absolutely controlling here. It first decided that neglect of official duty amounted at common law to an fmpeachable misdemeanor in office, and upon conviction the officer must be removed. It is next declare “There can be no doubt that the case made by the complainant Is one di- v within the provisions of the act That act was designed to af- ford a remedy of a summary character against office-holders who were guilty of extortion or neglect in the perform- ance of official duty, and the case of Marks is brought by the complaint within the latter category.” It is next declared: “The act of 1853 does provide how, in what manner, upon what pro- cedure, in what court, officers not of the first class shall be trfed for that misdemeanor in office known at com- mon law and recognized in this stat- ute as neglect of official duty. The power of the Legislature to enact such a statute (under the latter clause of section 18), is plain—as obvious as is the power of the Assembly to pre- fer and that of the Senate to try arti- cles of impeachment under the first clause of the same section.” It is next declared: ‘“‘The power to remove certain officers for misdemean- or in office is exercised only by the As- sembly and Senate under the name of impeachment. The like power to re- move all other officers under like cir- cumstances and for like causes is to be exercised in such manner as the Legislature may provide.” The power to provide the manner in which a delinquent is to be tried in the second case is on a footing with the power to directly remove the de- linquent by the judgment of the Sen- ate in the first case. “In conclusion, and as absoluteiy eontrolling this whole question,” the court declares “it is the exercise by the District Court of the power to remove from office upon conviction had, which is, in fact, the power of impeachment, and is impeachment In every respect except the mere form of procedure pursued.” It is thus apparent that the pro- ceeding in the present case upon prin- ciple and authority is in all material respects a proceeding to impeach these municipal officers for a non- performance of official duty, by a pro- cedure laid down by the Legislature under direct authority from the con- stitution; for that authority declares that these officers may be ‘“‘tried for misdemeanor in office in such manner as the Legislature may provide.” The act before us provides a manner of trial for such officers. The proceed- ings under this act being in the na- ture of impeachment, it only remains to be sald that the impeachment of a public officer for non-performance of official duty is the highest form of criminal action. By this act of the Legislature non- performance of official duty in fixing water rates in the month of Febru- ary is declared to be malfeasance in office. The Supervisors, under au- thority of this act, and by the judg- ment of the trial court, in effect have been impeached for malfeasance in office. The act provides that all Su- pervisors comprising the board, inno- cent and gullty alike, must suffer such penalty of impeachment. In this very case the trial court declared that some of these defendants were wholly in- nocent of any violation of the law, and yet, in the fact of that' fact, re- moved them from office. The Legis- lature has no power to pass an act visiting these serious consequences upon innocent men, and, as a neces- sary result, any act attempting to en- force such a power is unconstitutional. A determination as to the exact limits of the power of the Legislature in de- claring what acts of the individual shall constitute a crime is an interest- ing and possibly difficult question, considered in the light of the consti- tution. But there is no difficulty in declaring, in the light of the constitu- tion, that a Legislature has no power to say that one man wholly innocent is guilty of crime and shall be pun- ished because another man fails to perform his official duty. ‘'he power of the Legislature reaches no such Hmit. It cannot be done under our form of government. I shall not con- cern myself in pointing out the par. ticular provision of the constitution forbidding it. I find it between the lines. The whole spirit of the instru- ment denies the right to do it. I concur in the judgment and order of reversal GAROUTT: SPANIARDS ARE STILL BLUSTERING Say They Would Have Kept on Fighting. IF THEY HAD ONLY KNOWN YARNS ABOUT THE AMERICAN ARMY MAY CAUSE DELAY. Vicious Attacks on the War Depart- ment Followed by Spain’s At- tempt to Get Rid of the Cuban Debt. Special Dispatch to The Call. WASHINGTON, Oct. 17.—Informa- tion has reached the War Department that a high officer of the Spanish army very recently made the statement that had the Spaniards been aware of the condition of the Americah army, its in- ability to withstand the hardships of campaign, its lack of medical and other supplies and general inefliciency, as told in the American papers, the Span- iards would not have given up, but would have continued the fighting for a long time to come, fully believing that they would have been able to pre- vent the capture of Cuba by American arms. This statement is known to have been made to the American offi- cers now in Cuba, and causes some un- easiness in official circles, as it may mean that the Spaniards are not yet ready to yield the island under the terms of the protocol. It is also asserted that Madrid was aware when it asked for peace and when negotiations were opened that it was useless to ask that the Cuban debt be taken into consideration by the American commission, and that it is only since the reports of the bad condi- tlon of the United States army that the question has been raised. . The matter has been discussed in the War Department, and it is probable that when the troops are sent to Cuba there will be a force of such size and character as to give the islanders a different impression of the United States soldiers than they now enter- tain. “The impression among the Spaniards in Cuba,” said an officer in a position to know what is going on, “is that the American soldiers are weak and puny, incapable of withstanding hardship and whom it will be an easy matter to vanquish. This feeling may make it djfficult for the Americans at frst. This impression is due to the charges that have been made against the War Department with such virulence and insistence during the past few months.” et e s STARS AND STRIPES TO BE RAISED TO-DAY SAN JUAN DE PORTO RICO, Oct. 17.—The fifal cererony in the dellvery of the island and the raising of the United States flag upon the Captain General's palace, El Moro, and the pub- lic buildings of San Juan will take place at noon to-morrow. There will be spe- cial music. All the consular oflicers and city councils have received invita- ticns. The United States cruiser Newark is daily expected. The New Orleans sailed to-day for the United States. Two bat- teries of the Fifth Regiment Artillery arrived to-day on transports from Pence. They were followed by the Eleventh Regiment Infantry from Mayagdez and Arecibo. This regiment will garrison San Juan. The Sixth Immune Regiment, under Colonel Tyson, is debarking to-day and is being sent by train to relieve regu- lars. Four companies go to towns between San Juan and Arecibo, four to Arecibo and another four to towns west of Are- cibo. The few Spanish guards now re- maining at San Juan are quartered to- gether. General Brooke's ' headquarters are being removed to the city proper. SYNDICATE FORMING TO BUY UP CUBAN BONDS Special cable to The Call and the New York Herald. Copyrighted, 159, by James Gor- don Bennett. MADRID, Oct. 17.—It 1{s regarded here as a good sign that a large Anglo- American syndicate is being formed to buy up Cuban bonds. This, of course, is interpreted as evidence that a satis- factory arrangement is at hand. Cuban bonds were up seven and a half pojnts, and to-day’s Bourse was buoyant. There is good reason for supposing that the big cannon mounted at Havana will fall to Americans. B, J . CUBAN DEBT NOW BEING CONSIDERED PARIS, Oct. 17.—The American Peace Commissioners held their usual morn- ing session and entered upon the sixth Joint session at 2 o'clock this after- noon. s The Commissioners will meet again on Wednesday next. During to-day's session the Commis- sioners were occupied with the consid- eration of the Spanish presentation of Tuesday last and the American answer submitted on Friday relating to Cuba and the debt of the island. The Spaniards will next doubtless re- ply in writing, the conclusion of the subject soon following. % The interchanges regarding Cuba are now so advanced that the Spaniards will not fail to understand the United States’ determination not to assume any part of the so-called Cuban debt of $400,000,000. It should not, however, be understood that the Americans, dur- ing the course of the treaty, have been unmindful of certain local burdens, like the municipal obligations of the Cuban cities, railroad and kindred properties, local and permanent, which may - be provided for. FOR CONCLUDING A “HUMILIATING PEACE” ‘BAYONNE, France, Oct. 17.—Advices received here from Madrid point to ef- fervescence in military circles of the club where members are severely criti- cizing the Government for concluding what they term a “humiliating peace,” ‘| and some of them even suggest the es- tablishment of a military dictatorship under the present dynasty. The officlals at Madrid deny the re- -port current on the continent that Cap- tain General Blanco has resigned. CIVIL BRANCH OF THE GOVERNMENT RULES HONOLULU Disgraceful Martial Law Incident Causes the Police to Be More Active. Asiatic Paupers to Work on Plantations Yet Being Rushed to the Hawaiian Islands. BY HORACE WRIGHT. Spectal Correspondence of The Call. HONOLULU, Oct. 10.—In a measure the unfortunate and disgraceful martial law incident in which Lieutenants Wheelock an. Merriam participated a few days ago has been beneficial in re- sults, for ‘it has stirred up the civil branch of the government to a rather better sense of its duties and respon- sibilities. Hitherto the police authori- ties have given the boys of the army and navy considerable latitude by mak- ing a liberal auowance for the frailties of human nature under the conditions which the war has imposed upon young men fresh from college or the counting- house and receiving their paitry pit- tances after weary waiting and, in com- parison with their but recently aban- doned careers, worrying hardships. The temptation to indulge a little too freely was regarded as only natural, and tak- ing them in the mass the boys did not overabuse the privilege half as much as do the merchant sailors of foreign or American vessels. In fact, all praise is due to that portion of the American army and navy who have visited Hono- lulu for their general behavior, which surpasses most European garrisons and seaport cities that I have visited. But the Merriam-Wheelock episode put a different complexion upon matters, for the manner in which it was handled by the military authorities gave consider- able dissatisfaction to civilians as well as the milltary. Here, said one and all, General King does not even publicly reprimand Lieutenant Merriam, the actual ringleader in the escapade, but actually invites him to dinner the next evening, and why? Because no formal complaint was made against him by the civil authorities, and although he was in uniform and threatening people with his revolver, he was not on duty. “Ah!” remark the malcontents, “‘had he not been the son of a favorite gen- eral and a Presidential appointee to the staff his conduct as unbecoming an of- ficer and a gentleman would not have been so favorably overlooked.” It can readily be imagined that there were foolish fellows prompt to take ad- vantage of lax discipline and anxious to encourage disturbance for fun’s sake. They tried it an evening or two after the episode and were “run in” and fined lightly, but sent with a message to Camps McKiniey and Otis from Judge Luther Wilcox to the effect that he and the Marshal (chief of police) were fully determined that Honolulu should not be considered a ‘“jay town” by the mili- tary or clvillans; they were perfectly prepared to protect the town and pre- serve order al | the first men brought before him, be they officers or privates, regulars.or volunteers, would receive the full benefit of the law. On Satur- day night in anticipation of a possible fracas the Marshal told his men to “stand no nonsense,” and the splendid police force was armed and kept in readiness with the foreseen result that the Sabbath morn was ushered in peacefully and quietly and the soldiers were sieeping the warrior's rest in camp. Marshal Brown, Captain Robert Parker Waipa and Judge Luther Wil- cox are very quiet men in repose, but they are “ugly” when aroused, and the kanaka policemen are heavily built and dread nought of men, full of muscle and grit and excellently well drilled as well as trained marksmen. We shall have peace hereafter in town without the aid of the mounted military pickets, but it is hardly fair to court-martial privates in camp for getting drunk on “swipes” and ignore misconduct of officers in our public streets. General King investigated the case of Lieutenant Wheelock and suspended that officer.. The findings will be sent to Washington for further action. Lieu- tenant Wheelock is brought in for much of the blame by General King for the reason that he was provost mar- shal. Lieutenant Merriam was off duty.. It is held that Wheelock should have arrested Merriam for disorderly conduct, if such was shown. In place of that, Wheelock loaned himself and the men under him to the riot started by Merriam. First Lieutenant A. W. Mather of the New York regiment was yesterday morning aipolmed provost marshal to succeed Wheelock. The health of the soldlers remains fairly good, although there are 107 cases in the military hospital, and the intention is to enlarge it, as the de- mand for room is greater than the ac- commodation; but the location, now that the damp season is approaching, {8 not as healthy as it should be. Un- happily another death must be record- ed, that of Private Willlam de. Frain, a regular in the Eighteenth United States Infantry, who died of pneumo- nia on the 8th inst., and was buried from St. Andrew’s Cathedral (Episco- palian) this afternoon. He was born in Hazleton, Pa., and was only 18 years of age. On the Gth inst. a requiem mass was celebrated by the Bishop of Panopolis at the Roman Catholic Cathedral, for the repose of the souls of the dead who died during the war. It was attended by upward of 500 of the men frpm Camps McKinley and Otis, in command of Captain Sheahan of Company L, First New York. The services were most impressive and the decorations chaste and beautiful. The ladies of the congregation provided a luncheon for the boys in biue in the mission grounds at the conclusion of the ser- ces. v1'l'he Doric brought to-day another batch of 5000 Japanese laborers, mak- ing about 2000 within the last fortnight or so, with another thousand or 1500 on the way. We have also had a batch of 365 Galicians and the first small de- tachment of fourteen California ‘‘farm- ers” to work on the co-operative sys- tem. As one of those who cannot see the difference ’'twixt tweedledum and tweedledee in absolutely prohibiting the jmportation of Chinese laborers, while the Japanese are swarming in without any restriction whatever, except the planters’ will, it may be of interest to your readers if I present you with the iatest ingenious move on the part of the Aslatic laborers’ Importing agencies. The document was not intended to fall into my hands, but it has reachea me nevertheless through a kind friend who prefers none but white labor, if it were ttainable. It is as follow: -.'.\‘o the Planters—Gentlemen: I submit the accompanying %rospectus for the con- sideration of your firm and all planters. The expenses attending the performing of the proposition is considerable, as we have found out in introducing Man- churians, so that in order to make it an object 700 or 1000 must be applied for in order to make it a shipload. The steamer must be chartered to go to Korea and come to Honolulu. As the Japanese Government will not allow of the preliminary quarantining be- ing done in Kobe, Japan, and as thé ex- pense will be considerable to have the steamer go to Shanghai or Hongkong, it will be well to waive this and have it all done here, unless this Government B!J- i)(umls some one to perform the duties in orea. But I see no reason all be done here. * * The prospectus reads thus: KOREAN LABORERS. —, Agent: I am prepared, as agent for ——, who have introduced a small number of Manchurians into_ this country, to re- cruit any number of Koreans needed ‘by the planters. Such laborers will be care- fully selected and examined by a re- responsible physician. The laborers will be agricultural laborers, accompanied by head men, who will do the interpreting and look after the welfare of the men First—Passage money to be for each laborer $30 in United Btates gold. Second-Wages per month $1280 in United States gold. Thir@—All expenses incurred after ar- rival to be borne by the planter or em- ployer. such as hospital fees, photo- graphing, etc. Fourth—Laborers will be provided with the usual unfurnished lodgings, fuel, medical and other necessary attentions free of charge: Planters to pay all per- sonal taxes of the laborers. Fifth—Planters to retain $2 per month from each laBorer for a period of two ¥ and by them turned over to the undersigned, to be deposited by him in a bank of savings for the purpose of return passage. Sixth—Contracts to be for a term of three years. Seventh—Twenty-six days of ten hours each actual work in the fleld and twelve hours each in and about the sugar mill to constitute one month’s service as a laborer; overtime at the rate of 10 cents per hour. Orders will be taken for no less than 700. ‘When one sees in these beautiful and fertile islands the great efforts that are made to populate them with the earth’s most ancient and yet most benighted coolie races at the expense of and to the prejudice of the Caucasian race, he feels inclined to abandon th® contest and to drift into the missionary broth- erhood of man vein, and to regard the whole matter as, oné of Providence's plans to bring the mountain to Mo- hammed for the purpose of evangeliza- tion, civilization and learning the Eng- lish language, so that eventually we may sing, “In all things and in lan- guage, brothers, let us be one.” But the more practical man asks what kind of American citizens are these nybrid denizens of Hawali going to make, al- most womanless and only fit for brut- ish labor. Without some tremendous effort we shall drift eventually into a population of semi-slave owners, with a system of legitimatized slavery un- der the banner of boasted freedom, and who will be responsible for it all? Surely the party in power who won their giory by freeing the slaves. But, to change the subject, our party in power, our executive, led, it is un- derstood by President Dole himself, has been having a hard time of it for the past fortnight. Ever since an- nexation, and more especially since the arrival of the Congressional Commis- sioners, they have been inspired by a mischievous and dangerous spiritof dic- tatorial meddling with the people’s rights, as if all power had been shorn from the people and vested in them- selves. Perhaps the most important point in which they have fallen coun- ter to the wishes of the majority of their old supporters is in connection with the liquor license for saloons. The last Legislature decided that a certain number of licenses should be issued throughout the islands for the sale of light wines and beers in addition to the ordinary licenses. Even these were so arranged that they will be practically inoperative in remedying the evils they were mainly aimed at, the illicit and the Sunday traffic in liquor, both of which are shamelessly carried on. But quite gratuitously, while the granting of these were belng considered, the President and the Attorney General suddenly sprang a scheme to compel all saloon keepers, when they renewed their licenses, to keep an open house by removing all door screens, side en- trances, etc., and to supply all refresh- ments in one room with the consumer to be standing up at the bar in the eyes of all passing through the public streets. 7 The only reason given for this arbi- trary ruling was that it would promote temperance and law and order. The saloon men naturally rebelled and em- ployed ex-Ministers Hatch and Thurs- ton as their agents before the executive and the entire press bullied the govern- ment. In to-day’s discussion it was as- certained that Ministers Cooper and King were opposed to the project, while it was favored by President Dole and Attorney General Smith, and then came the fun, for Minister Damon, who had been playing to the gallery by inform- ing the liquor men that he should vote for them, said that he thought he should have to vote with the President. No vote, however, was taken as the President suggested that the matter should be deferred until after his return from Hawaii, whither he goes to-mor- row morning. Our adaptable ex-Minister of Foreign Affairs has been varying his mutifari- ous duties by sitting as an Associate Justice of the Supreme Court, in pre- paration, presumably, for again acting as President during Mr. Dole’s absence in Washington, whither, I understand, he goes to join his fellow commissioners shortly. Commissioner Frear expects to leave by the Doric in the morning with a vast amount of material for his colleagues. The date of Mr. Dole's de- parture has not yet been made public. His many friends in the United States will be grieved learn that Judge E. G. Hitchcock of Hilo is rapidly nearing his end. He is more popularly known as the Marshal during the troublous times of 1895, when he earned for him- self the very appropriate cognomen of the “Holy Terror.” The Doric brought this morning the sad news of the death of Mr. Fuju, formerly Japanese Consul at wew York and San Francisco and subsequently Consul General and Minister resident in thig country, where he was most highly esteemed in officlal and soctal circles. vihy it should not "~ |CORONER CALLS ROLL OF DEAD Inquiry Into Wreck of the Mohegan Begun. LONDON MANAGER TESTIFIES SAYS THE STEAMER WAS INTHE FINEST CONDITION. Contradicted by a Passenger, Who Claims That the Life Boats Were Not Properly Arranged. Special. Dispatch to The Call. FALMOUTH, Oct. 17.—The inquest in connection with the wreck of the Mo- hegan began this morning at St. Ke- verine, because it was mnecessary for- mally to identify the dead there. The survivors, many of them wounded and carrying their arms in slings, were obliged to ride twenty miles over the roughest roads from Falmouth. The Coroner expressed his sympathy. The roll of the dead was then called. One woman's body was claimed by two families. Other bodies had no identifi- cation. A. S. Williams, the company’s Lon- don manager, testified, describing the ship as in the finest condition. He said they had rebuilt her boilers on her first voyage, and had withdrawn her from one trip, devoting several weeks to re- pairing her machinery, which was per- fectly adjusted. He described the offi- cers of the Mohegan in the highest terms, laying stress on the abstemi- ousness of Captain Griffiths. Speaking of the crew, Mr. Williams said: “We know that the crew did all they could to save the passengers.” Richard Kelly, a passenger—There was not an officer on the deck when the crews were trying to get out the boat. The only officers 1 saw were Captain Criffiths and another on the bridge. .Mr. Williams—I can prove that all the officers were on deck and were aid- ing to get out the boats. Mr. Kelly insisted that the boats were improperly arranged, being surround- ed by railings instead of swung on dav- its, so that they were with difficulty launched. Mr. Willlams contended that the launching of four boats in twenty min- utes was good work. The Coroner adjourned the inquest for a week to secure the attendance of a nautical expert representing the Board of Trade. After the adjournment, Mr. Kelly complained that only members of the crew had been summoned to testify. The Coroner replied that he would be very glad to hear the experiences of the passengers. In response, Mr. Kelly with others, protested inability.to re- main for an adjourned hearin~ -~ week later. offering to testify immediately. The Coroner declared that this was out of the gquestion. The total number of bodies recovered up to midnight is 58. il G S .. Two Bodies Identified. . . .. FALMOUTH, Oct. 17.—The bodfes %¢ Mrs. Faring and Miss Saunders have been identlified. SEVEN THOUSAND MILES IN AN OPEN BOAT VICTORIA, Oct. 17.—On the sealing schooner Viva, which arrived this morn- ing, are three Scandinavians who have made the trip from Lake Bennett, Alaska, Via St. Michael in an open boat, a dis- tance of 7000 miles. News is received of the appolutment ot E. C. Senkler, a barristcr of Nelson, B. C., a8 Gold Commissioner ot the Yukon, suce ceeding Faucett. “Denver Ed” Smit., the well-known pu- gilist, who was recently reported’ killed, Arrived here to-day from Dawson. HUDYAN DID IT Yes, HUDYAN is the true nerve-builder, Many men and women are ready to testify to that. HUDYAN did it. HUDYAN does do. HUDYAN cures. Just as certain as you are & foot high, so certain will HUDYAN care you. 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