Hawaii Herald from Hilo, Hawaii • 1

HILO. HAWAII, FRIDAY It' No. 7 ERROR IN INSTRUCTIONS AM ERICA PROBABLY CAUSES REVERSAL OF A. M. CABRINHA'S CASE Error in the instructions SCHOOL CHANGE IS FAVORED BI LEADERS AMONG ELECTIUNS -WILL DECIDE OFFICES FOR NEXT FOUR YEARS AND HALF ARMEN IA MANDATORY Jury was the cause of the reversal by the supreme court of the conviction" of Supervisor A.

M. Cabrin-- ha, as "was shown by the decision which reached here in the mail this morning. The opinion was written by Justice Kemp. According to this decision the TERRITORIAL BONDS TO "BE PLACED BY METZGER ON TRIP TO MAINLAND Supervisor Julian Yates returned from Honolulu this morning af-ter a long stay in the capital city, where he cfid valuable work during the legislative session, for the Island of i jfpeaking of territorial bond mat-this morning, Mr. Yates said tfljit 'before long Treasurer Metzger 'jtguld be proceeding to the mainland In order to float a loan of 0,000 for the territory.

That the money may not become available April 1920 is thought to ARIS, May 8 (Associated Press) The Council of Four, with Premier Orlando of Italy present, today began to arrange the program for the presentation of i-oou la remanded to the circuit court for retrial or other disposition. Whether or not there will be another trial of the Hilo supervisor, on the indictment which char- On Saturday, May 17,1 the voters ot the County of Hawaii will be called upon to cast their ballots for Prominent Japanese editors, teachers and other leaders favor, the gradual and voluntary Americaniz peace terms to Austria, Bulgaria and Turkey. It is believed that Austria will be required to pay an indemnity of five bJ jj lion pounds sterling. It is excepted that the United States ft the men who will hold office for the ses him with violating the statute ation of the Japanese schools in the, islands even though the foreign lan-! be! the way ma wil1 turn ut. wHi iaKe some considerable time to prepare the details of the loan, the allotments, so there will be a $elay of nearly one year until the bond.

money becomes available. "tThe territorial bonded indebtedness, after the $2,500,000 loan Is will become a mandatory for Armenia. The present indications are that President Wilson submit the last mentioned to Congress. GERMAN DELEGATES COMPLAIN VERSAILLES, May 8 (Associated Press) The Ger guage bill was defeated, by the territorial senate, it became evident at a meeting held last night In Yama-toja theater. -This meeting was attended by representatives of the four Japanese newspapers in Hilo and by teachers from the four Jap if aiea, win amount, in rough fig- anese schools of this city.

Fred Ma-j to The present kino, publisher of a Japanese news- borrowing capacity of the territo- paper in Honolulu, was another wh was present; lrjr is limited to on a 7 per cent basis of borrowing on ter prohibiting officials entering into contracts with firms in which they have an Interest, will depend upon the decision of the attorney general's department, it is said. No Former Jeopardy. The decision of the supreme court holds that the trial court correctly ruled, in denying a demurrer filed because of the discharge of a jury before it had reached an agreement, that the supervisor had not been placed in former jeopardy. In specifying the trial it is said that one of the instructions authorized a conviction of the defendant without proving that he in behalf of Cabrinha Company made the, agreement alleged in the indictment. Prejudicial to Defendant.

An excerpt from the decision regarding such proof says: "The instructions which told Jhe jury that they should convict the The Japanese leaders present, at the meeting laid emphasis on the ritorial security. A move is jHuiitti security. a move is now man delegates to the peace conference complain that the peace conditions are too harsh. They say that they expected that there would be far-reaching demands but add that they were unprepared for the terms that have been actually presented to them. GERMAN TALKS WHILE SEATED PARIS, May 8 (Associated Press) Prime Minister fact that the motive which prompted "8 mdue 10 nave congress permit the introduction of the foreign lan-Jhe borrowing capacity of the ter-guage school bills in the legislature vritory t0 be creased to 10 per cent was not the same which prompts Jf the total vale of all territorial next four years and a half.

The new law settles the fact that in future the county elections will be held every four years, instead of every two years, and that the officials elected shall hold office until December 31 of the fourth year of their Incumbency. Pua Unopposed. In the coming primaries there is only one man who is unopposed and he is Sheriff Pua. One vote cast at the primaries will not only nominate him but also elect him to office (or four and one-half 'years from July 1 next. In the contest for the position of county clerk there are found two candidates, A.

A. Hapal, the present Incumbent and a Republican, and W. K. Ragsdale, a Democrat. Other Candidates.

For the county auditorship there are also two candidates, Samuel K. Spencer, the present auditor, a Republican, and Charles R. Shaw, a Democrat. In the county treasury-thlp contest there are also a pair of candidates, Charles H. Swain, who holds the office now and who Is a Republican, and W.

E. Edmonds, a Democrat. All of the candidates mentioned so far are sure of being nominated at the primaries, but anti-Japanese, legislation in Califor- 8ecurmes- Thls- i Provided for, nia and other western states, or at- wil1 allow of much more mney be- William Hughes of Australia in describing the meeting of tacks in American yellow newsDa-lng raised by the Issue bonda- All Races Affected. 'ZSZuSSZ it was ointed out that the at slxfy days Bession and he had mormnS said that the attitude of the Germans was an m-tempteda8fo5e0igneian0guage school conferens with the members tolerable insult to the congress, for while Premier Clemen- defendant if they found certain legislation was in keeping with a aecjare that he was a ceau slo" up when he was addressing the Germans, the things to be true omitted this im- tional movement in.the United towern Btrflnth tn t. cnnWcman nf trip Tminn AA nnt portant element of the crime as and that it was applicable to affr 0 -r 1 11 Premier r- Massey of New Zealand declared that the charged in the indictment and was races, and not alone to the Japanese; error thoroughly prejudicial to the Also it was asserted such legislatftni i rights of the defendant.

would be of advantage to the Japs RETURNS ON Also it Is held that another in- nese themselves, as they would gain VlfTfiBV RHMHC TAH A struction was objectionable because in the Americanized Japanese VlvlUKl oUJNUo lUDAY it did not require the jury to find schools educational attainments "Germans were more impudent and aggressive than anybody I have ever met before." HUNGARIANS REFUSE ARMISTICE COPENHAGEN, May 8 (Associated Press) The that the defendant had anything to Which broaden the culture secured in do with the acts constituting the the public schools. 1. crime to Justify the conviction. The Fred Makino is reported to have Final returns of the subscriptions on this island for the Victory Bonds are to be mad a tn TTnnnlnln thin at. Hungarian Communist government has refused the armistice tsri nrrz zz: tw have decided to iTw-'te-ttr-TirfW tb.t b.

W3- vg- FSZZZ'ZZ- fifWDf, tut a dispatch from Budapest to this effect." the Japanese consulate in Honolulu, there will surely be a great fight at the real election on June 3. In the contest tor the position of Hipervisorat-large there" are three candidates, one Republican and two Democrats. Samuel Kauhane, the present chief executive officer ot the county, is opposed by David Ewaliko and W. P. McDougall, both Democrats.

Ewaliko was some years ago chairman of the board of supervis LONDON CRITICISES TERMS sands of dollars worth of the bonds may be received before Saturday. At noon there were no reports on LONDON, May (Associated Pres) The London Remanded to Lower Court. Christian Japanese and organizations "For the errors pointed out in ot the young and modern Japanese this opinion the judgment of con- favored the passage of the foreign viction is reversed and the case re- language school bill by the Hawaii manded to the trial court for further legislature. the subscriptions received at the banks today, but it was expected on- newspapers cnticize the financial terms of the peace treaty, ly two or three thousand dollars inconsistent with this action not opinion." would come in in addition to what was received and reported yesterday. K.

Yamamura, editor of the Kwazan Sha, said this morning that he had been unable to attend the The total subscriptions ot this isl- TYitontf cr la or rrh tinf Vi a nn In fa1 AUSTRIANS DUE TOMORROW PARIS, May 8 The French Foreign Office has been I informed that the Austrian envoys to the peace congress I left ienna on Wednesday and will probably reach St Ger- I ymuMu an(j up tQ 4 ye3terday after. REPUBLICANS OPEN noon was $604,000. This total was ors. The winner at the primaries on the Democratic ticket will go up i against Kauhane In the final event. I For county attorney there are three candidates, two Republicans, W.

H. Beers and Stephen Desha, and one Democrat, Joseph' S. Ferry. Beers has been county attorney for many years. CAMPAIGN IN PUNA uui iuui aiitsauy lueie was uiiuoi way a movement in Hilo to Americanize the Japanese schools.

He said that beginning next fall one of the Hilo received os follows: First Bank of Hilo, 806 subscriptions. 2R1 Tttahnn Ronlr Mn mam tomorrow. The political campaign started off Japanese schools would have teachers subscriptlon3i 6 2.7 50 People's all of whom were educated in Ha this morning, that is as far as the Bank, 133 subscriptions, $38,600, and others, nine subscriptions, Republican candidates for office at the coming elections are concerned. wall. He would not venture the prediction that others would fall in line with this movement.

Blames Yellow Papers. Instead, he seemed inclined to want to discuss what was the East Hawaii. For supervisors from East Hawaii there are four Republicans, four Democrats and two non-partisan candidates. The Republicans are A. M.

Cabrinha, E. H. Lyman, W. A. A large party of county officials made their way down to the Puna district and there addressed gath PEKING WORRIES WASHINGTON WASHINGTON, May 8 (Associated Press) Serious concern is felt officially over the agitaton in Peking over the ratification of the peace treaty.

It is feared that a Japanese warning to Chinese off.cials may be the prelude to stronger action being taken. WIRES TO PEKING CUT JARIS, May 8 (Associated Press) American Minister Reinsch at Peking has informed Secretary of State erings at Eapoho, Kalapana and oth- I cause of the misunderstandings be WILL ADMIT REGULARS TOO ST. LOUIS, May 7 (Associated Press) The congress of American army and navy war veterans opened ers centers. I A maiiiii. via or Tononaaa Todd and E.

J. Smith. The first three named are members jt the present bottrd ot supervisors. Smith i ne wnoie ooaru ui nuiicuioum, i which he intimated he felt after with the exception of Julian Yates, 30 years residence he could do is a new man to politics in this coun here today with a heated debate went on the trip. Yates will meet) ty.

The Democratic candidates are without prejudice. "The Japanese as t0 wnether or not regular Army mind is mixed and it is changing and Navy men Bhould be permitted David Aukal, John Bohnenberg, Sam' the party In Kau either tomorrow or Saturday. It is the present plan to hold meetings throughout Puna constantly regarding Americans. the Amerlcan Leei0n. the as- uel Haina and Benjamin Rose.

The 'Lansing that telegraphic communication with Peking has I The Japanese do not dislike the sociatlon that wlu be t0 men ot thla non-partisan pair are Harold B. El Hot and George H. Vicars. West Hawaii. Americans but war what the Grand Army of the Re-1 jeen cut except by meanS of One wire through Siberia.

feeling kind toward the Americans, blic haB been tQ Clvll nr mtrr today and if possible get back to Olaa in time to have a meeting there this evening. anti-Japanese legislation in Califor- ans It was flnauy recommended On West Hawaii there are seven The supervisors have a little CHAS. SPILLNER GETS nia or utterances in yellow papers that regulars be admitted with volun more work to do at the present candidates for positions as super he on the mainland changes teers and draftees. TERM OF THREE YEARS "sors and they- are A. A.

Akina, monthly meeting and they intend to finish It up tmorrow morning before leaving for Kau. mes Ako, Julian R. Yates and STOCK MARKET LETTER Prepared for The Daily Post-Herald by the Security Trout Company. C. De Mello, all Republicans, with WHAT GERMANY CAN ACCEPT WASHINGTON, May 8.

(Associ said. He would not admit that he favored abrupt changes in the method of conducting the Japanese schools, but his objection to doing so seemed to be commercial rather than Inspir- 'he first three named at present mem ated Press.) Charles Spillner. who ters of the board of supervisors. De was convicted in Honolulu under the espionage, act and sentenced to ten BERLIN', May 7 (Associated ProDo). Tli Molptifinfr until tnrfnv ello has run fpr office In past years, KAIHEffUI APPEAL IS OVERRULED BY COURT unsuccessfully.

On the Demo American Factors no change, last sale 212.5, now bid 210, asked 215. years imprisonment, "has had his ed by racial or national He tnat Germany can accept only 8uch oratic ticket are found John S. Kan- sa)id mat lor at teas, a v. ur a peace a8 permlts the nation an op- The territorial supreme court has term reduced to three years upon the recommendation ot Attorney Gener W. M.

Kalalwaa and John K. Ke Ewa has strengthened with sales years the Japanese schools should portunU to construct her econom-be permitted to give instruction in overruled the appeal of the plaintiff kaula. at 30 with more wanted. al Palmer. in the Mary Elizabeth Kalhenul After the primaries, have" settled Forty-nine other convicted men H.

C. S. 44.5 bid with no sales. Japanese Decause 01 iu greai num Allied occupation of Important districts producing war tnatefials, Dr. Emma Aona, with W.

H. Beers as guardian of A. A. Kaulukou, eject- 15 to which men are to run at the al election there is every prospect Hawaiian Sugar remains the same. ber of Japanese on the plantations who have little or no knowledge of have also been recommended 'tor reduction of sentences, the attorney Melchaolr pointed out, would be Kekaha 180 bid with no sales.

ment suit. The decision oi juage Clement K. Quinn ot the fourth some keen campaigning being 4ne before the fateful day arrives. general taking the stand that the war time punishment now appears to McBryde very strong, a few shares jiingnsn, wane mo a equlvalent to a iong, harrowing edge of the language is hecessary death tor Gemany ln vlew of preB. for a Japanese to continue business eQt jondltionB circuit court, in favor of the deiena- sold at 10, later 150 at $10.00.

be excessive. ants, is affirmed. Oahu sold at 33 with more sold, lelations. Editor Yamamura is, one of the Olaa 6 bid with nothing on the The plaintiff was represented oy ihA law firm of Carlsmlth and Rolph, LYCURGUS IS UNCERTAIN Spillner was formerly a luna on Honolulu plantation and he was Jananese leaders wno asserts mat market. while the defendant was represented know8 the foreign language convicted of making remarks about Onomea, few shares sold at 52, HONOLULU, May 7 (Associated TRANSATLANTIC FUGHT STARTS FROM AMERICA NEW YORK, May -8.

first trans-Atlantic "tot began today when three Am- the National Guard ot Hawaii. more offered at the same price. Press) Demosthenes Lycurgus, who is reported to have purchased the Pioneer has strengthened, sales by Senator James W. KUSBei1- luo SCBOol bill in Hawaii was not caus-exceptlons noted by the lawyers red by what prompts anti-Japanese the plaintiff have been overruled by leglslatlon In California or 'the bit-the supreme court and the decision attackg ln certain mainland i rniivt Viflfl rift ATI being reported at 31. Watalua has gone off a little, sale Blaisdell Hotel from the Cooke Estate, is uncertain whether he will buy J.

F. Child's lease on the property or of the rourtn circuit newspapers. taking place at 30.6. tun airplanes left Rockaway at 10 nn tha flfat lea; WILSON WILL CABLE MESSAGE TO CONGRESS WASHINGTON, May 8 (Assocl ated Press.) The special session ot Congress will convene on May 19. Engel remains the same at 1.95.

WILSONS GO TO RACES endorsed as being correct. PUBLICATION WAITS SIGNING Hawaiian Pineapple sales 62.5 Child's lease will run for seven years but Mr. Lycurgus said today 'irAiAelated pahts: May 8. (Associated, he would sail tor Greece within a 1 ft long air journey to Ireland. mux will be the first stopping ff an the distance to that place miles.

Commander Lleuten-p N. L. Belinger and iLeutenant 0. Read are piloting the machine. Brewery 2.26, 2.60 bid.

Mutual sales 17.50. Bonds remain- the same. Honolulu Oil weak, 7 bid. No trading in Minerals, 1 FA de Paris says and Mrs. Wilson lew days and would not definitely de- aylent toLongchamp.

to attend Purchasing the lease until President Wilson will cable his message to the two houses from Paris tor Immediate published until after It signed. sthe hone racet..