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corporation doing business at Kihei, Maui; that on the 24th day of October, 1901, I attended the sitting of the second circuit court, Territory of Hawaii, at Wailuku, Maui, at which John W. Kalua, judge of said court, presided, for the purpose of passing upon certain motions on file in the actions of the Hawaiian Commercial and Sugar Company and the Kihei Plantation Company against Kawaipimaka; that at that time the said John W. Kalua came upon the bench intoxicated, and so under the influence of liquor as to be entirely unfit to intelligently perform the functions of his said office, and that his demeanor at the time was insulting and disgraceful.
W. F. POGUE.
Subscribed and sworn to before me this 8th day of February, A. D. 1902. N. E. LEMMON, Notary Public.
KALUA MUST GO.
[From the Maui News.]
It has been the fixed policy of the News to avoid attacking private individuals, and there is no disposition to overstep that policy now. But individuals who occupy public positions are subject to public criticism for their official acts, and the News would be remiss in its duties to the public if it should fail to voice public sentiment in those cases where a public official is derelict in his duties or so conducts himself as to unfit himself for the proper performance of his official duties. Judge John W. Kalua must go. The News, in taking up this fight, does so deliberately and after mature consideration of the responsibility which it is assuming as well as the probable results. "Thrice armed is he who hath his quarrel just," and this paper will continue the fight until either Judge Kalua voluntarily steps down from the bench which he has disgraced, or until the toe of the Presidential boot is effectually applied.
To those who are intimately acquainted with the public career of Judge Kalua for the past few years no specification of charges is needed, because his derelictions are well known and are threadbare subjects of discussion.
But definite charges will be published by this paper if Judge Kalua refuses to listen to its advice and to an almost universal sentiment of condemnation among the people of Maui and refuses to resign the judgeship of the second circuit.
To those who are not familiar with the facts in the case it may be suggested that drunkenness in public, on the streets, in the church, on the bench, and at other places almost too sacred to mention will be among the charges officially preferred. Intimate and confidential conversations between himself and prisoners who were afterwards to be tried before him, and promises made by him to them which they afterwards inadvertently revealed to others-and which promises were afterwards scrupulously performed by him on the bench-will be inquired into, and the hidden motive for such promises, if any, will be dug up and brought to light.
HI-PT 3-03- -6
His ignorance of law and his inefficient, not to say corrupt, adi istration of it, the fact that his charges to grand juries and his inst tions to petit juries have to be prepared by his subordinate e officials, is a charge which he will, if he persists in refusing to res be called upon to answer officially.
Other grave charges will also be preferred against him if he c an investigation of them, but the present object of the News is m to give him a mild intimation in a friendly way that his resign from the judgeship of the second judicial circuit would be consi an inestimable boon to the justice-loving people of Maui.
It will avail Judge Kalua nothing to claim that the present att inspired against him simply because he is a poor Kanaka―a claim he recently made-and Hawaiians themselves are warned agains pleas made by him. It is not because he is Hawaiian, but rather be he is a disgrace to the position he fills, that his resignation is dema and none will appreciate this fact so keenly as the Hawaiians of who are thoroughly conversant with Judge Kalua and his meth
In the circuit court of the second circuit, Hawaiian Islands term, 1900.
S. KAHALE, PLAINTIFF, 7. J. W. KALUA, DEFENDANT.
Action at law to recover money.-Plaintiff's complaint.
To the honorable J. W. Kalua, judge of the circuit court of the circuit, Hawaiian Islands:
The undersigned, S. Kahale, the plaintiff above named, co of J. W. Kalua, the above-named defendant, and, for cause of alleges
That both plaintiff and defendant are Hawaiians by birth residents of Wailuku, Maui.
That on or about the 1st day of January, 1889, the said de while acting as the agent and attorney of plaintiff, did repr plaintiff that he, defendant, could secure for plaintiff the loan from one W. R. Castle, then of Honolulu, Hawaii, upon F delivering to said Castle an indenture of mortgage upon certa ises in Wailuku aforesaid, then owned by plaintiff, to secure the of said loan.
That thereafter, and on or about the 17th day of January, 188 tiff did make and execute the mortgage aforesaid, a certain I Lowrey being the mortgagee therein named, and plaintiff d time deliver the said mortgage to defendant as plaintiff's aforesaid, to be delivered by defendant to said W. R. Castle, of said mortgagee.
That thereafter, and on or about the 25th day of Janua defendant did deliver to said Castle the mortgage aforedefendant did then and there receive from said Castle the sun the same being the consideration money for said mortgage.
That in receiving the money aforesaid defendant was acting as the ent, employee, bailee, and trustee of an express trust of the said plaintiff.
That plaintiff after said date often requested said money of defendnt, but defendant always represented to plaintiff that he, defendant, and not yet received said money from said Castle; but plaintiff alleges and says that said representations were and are false and fraudulent, and were made for the purpose of cheating, swindling, and defrauding his plaintiff out of his property.
That plaintiff has never received said $150 or any part thereof, although said mortgage was enforced against plaintiff, and that his property has been sold to pay the same.
And plaintiff further says and alleges that defendant, after having received said money from said Castle, the exact date being unknown to plaintiff, did purloin, embezzle, and corruptly take and convert to nis, defendant's, own use the said $150, the property of this plaintiff. That the said $150 with interest is still due, owing, and payable from defendant to plaintiff.
Wherefore plaintiff prays the process of this court to cite the said defendant to appear and answer this complaint before a jury of the yountry at the June, 1900, term of this court, unless sooner disposed of by judicial authority, and that plaintiff may have judgment against defendant for the sum of $150, together with interest thereon and for his costs in this proceeding.
S. KAHALE, Plaintiff.
HONS & COKE and RICHARDSON,
HAWAIIAN ISLANDS, Island of Maui, 88:
I. S. Kahale, being first duly sworn, depose and say that I am the plaintiff above named, that I know the contents of the foregoing complaint and that the same are true.
Subscribed and sworn to before me this 12th day of March, 1900. [NOTARIAL SEAL.]
GEO. HONS, Notary Public.
Murial of the citizens of Hilo, Hawaii, praying for the enactment of legislation by Congress for the improvement of Hilo and the developent of the island of Hawai.
HILO, HAWAII, September 17, 1902. To the honorable subcommittee of the Senate Committee on Pacific Ixiands and Porto Rico:
Your memorialists, the undersigned committee, appointed at a meetng of citizens held at Hilo, island and Territory of Hawan, September 15, 1902, beg to respectfully represent:
The island of Hawaii, popularly called the "Big island." is the largest island of the Hawaiian group. It has an area of 4,210 square miles and contains about 2,000,000 acres. The largest city and prin
cipal port of Hawaii is the port of Hilo, situated on Hilo Bay, on t windward side of the island. With the exception of Pearl Harb Lochs, the Bay of Hilo affords the largest natural harbor in t Hawaiian Islands, having an area of 1,500 acres and an availa wharf frontage of 7,000 feet, or nearly a mile and a half in extent.
The peculiar formation of the bay, with a submerged reef of ro extending from the shore a mile toward the entrance of the harbor, fi nishes a natural haven for storm-bound vessels. Unfortunately, ho ever, the high winds sweeping over the reef break the sea into hea swells, and an otherwise calm harbor is transformed into a heavy a tempestuous basin. A breakwater extending out over this reef f three-quarters of a mile or more would stop the heavy flow of thes and protect from damage the shipping and wharfage property with the harbor.
Several Government surveys, and especially that made in 1901 the United States Coast and Geodetic Survey (Chart No. 4103), demo strated the feasibility of the construction of such a breakwater at minimum cost to the National Government and with incalculable ben fit to Hilo and the island of Hawaii. Until the bay can be proper protected by a substantial breakwater, it is almost useless to attem to construct permanent piers or docks for deep-draft vessels. present the port of Hilo has only one small wharf for the use of inte island steamers, and an old abandoned government wharf. Heavy-dra vessels therefore are required to anchor in deep water in the bay ar handle every ton of freight loaded or discharged by means of scows lighters between the ship and shore. In very rough weather the wor of lading or discharging vessels must be abandoned. The constructio of extensive docks and wharfs along the water front is now awaitin the building by the National Government of a protecting breakwate without which the shipping and wharfage property are at the mer of the elements.
The number of vessels discharging and loading import and expo freight at this port is about 90 to 100 per annum, aggregating sou 120,000 tons, upon which there is a lighterage of 50 cents per ton eac way between ship and shore, under existing conditions. Last season crop of sugar for the entire Territory aggregated 360.038 tons, whil the yield for the island of Hawaii alone amounted to 134,618 tons, 38 per cent of the whole output. Owing to the establishment of tw gigantic sugar plantations in the vicinity of Hilo, which have ju come into bearing within the last year, the prospect for a large outpu from this island, is very much increased. Almost the entire suga production from this island finds an outlet through the harbor of Hile and this amount will be greatly increased by the construction of th proposed lines of railroad and the further development of the suga plantations and the contiguous territory, which is now practically inaccessible.
There is an urgent present necessity for a Government building at Hio for many reasons, of which the following are a few:
The wooden shack occupied by the post-office is a most inadequate and unsafe building for the handling of large and valuable mails which pass through this office. The present post-office building is neither brick nortireproof, and is liable to a conflagration at any time, which would result in great loss not only to the Government, but to the business interests of Hilo and of Hawaii. The money-order business of the Hilo post-office last year amounted to $288,116.13 in orders issued and $5.114.65 in amounts paid out. Hilo has direct mail communication by regular steamer to the coast as well as with Honolulu, and by reason of its position is the distributing point for a large number of mail routes and smaller offices in the interior. This office does more business than that of any town of similar size on the mainland, and supplies mail to the large plantations in the vicinity, each one of aih in size and number of inhabitants equals a good-sized village. The volume of mail passing through the Hilo post-office therefore makes it important that a safe and substantial building be erected in which to handle it.
The present customs office is now conducted in a private business office by the collector of the port. The port of Hilo is the second krgest established port of entry in the Territory and exports nearly the entire production of sugar, as well as other products of the island of Hawaii. For the fiscal year ending June 30, 1902, the total amount of merchandise exported to the United States was $4,092,767.83. Until the recent act of Congress no record has been kept of the amount of imports, which, however, will nearly equal this amount. The number of vessels entering was 56, with a total tonnage of 51,231; the number of vessels clearing was 55, with a total tonnage of 67,447. The above figures, of course, do not include the shipments of foreign goods entered at Honolulu and shipped here locally; neither does it include domestic goods shipped here via Honolulu.
The United States court, which by the terms of the organic act is required to convene at Hilo on the last Wednesday in January of each Year, has no suitable quarters in which to hold its sessions except by the courtesy of the circuit judge of the fourth circuit court.
The surveyor of the port and harbor master maintains an office in a shall shed attached to the abandoned Government wharf.
Such a Federal building, if constructed, should have ample space for the accommodation not only of the post-office and custom-house, but, the business of the district and port increases, for housing a United States appraiser's office, surveyor of the port, United States MarineHospital Service, Immigration Bureau, Revenue-Cutter and Secret Services, United States Army an | Navy recruiting office, United States internal-revenue office, besides quarters for United States court, United States marshal, United States attorney, United States commissioner, and United States land office.
An appropriation of not less than $100,000 for the erection of such a building is required to fulfill the requirements of the United States Government now existing and hereafter to arise. There are a number of desirable sites suitable for a Government building within the limits of the city of Hilo, all of which are owned by the local Territorial