The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1888-08-01
THE LEGISLATIVE ASSEMBLY.
Fifty-third Day.
Tuesday, July 81.

Tuesday, July 81.
The House met at 10 o'clock. Hon. w
r Castle, President, in the chair. Absent:
Ministers Green and Ashford; MOBILES
Robinson, Dowsett, Young, Jaeger, Foster,
Wight, Hitchcock, Campbell, Widemann.
Makee, Wilcox and Bertelmann; Reps.
Dowsett, Kalaukou, Kauhi, Kamai, Kin
ney, Kauhane, Paris, Daniels, Wilcox,
Gay and Nakaleka. Minutes read and
confirmed.
REPORTS OF COMMITTEES.
Rep. c. Brown read the report of the
Judiciary Committee on the bill relating
to the collection of tuition fees in Govern
ment day schools, referred to them, Goth
inst, submitting in place thereof two bills ::
To authorize the establishment of select
schools in this Kingdom and to authorize
the collection of tuition fees therein.
To prohibit the collection of tuition fees
in Gel tam Government schools.
The report was adopted, the bills read
separately and, on suspension of the rules,
were also read a second time, and passed
to engrOssment, to be read third time on
Thursday.
The same member also read the follow
ing:
TO the Hon. w. R. Castle President of the
Legislature of 1888.
The Judiciary Committee to whom was
referred the petitions of John F. Bowler in
relation to certain labor done and material
furnished in the repairs to the Palace
walls and tO the electric light works in the
Palace yard, and also the petition of K.
More & Co. for labor done and material
furnished in work upon the Palace gates,
beg leave to report, as follows:
In regard to the work done on the Palace
walls, they find as matters of fact that
tenders were duly advertised for, for such
work, in the month of November, 1886;
that in January, 1887, the contract was
awarded to the said Bowler by the Minister
of the Interior, and that during that
month or in February of the same year
contract was entered into between the
said Bowler and the then Minister of In
terror l.. AhOlO) for the commencement
and completion of the work, and that I'M
der the terms of the agreement the con-
tract price $4,000 was not to be paid until
February, 1889 The work was duly COM
menced and was finished some time in
April OF May, 1887 the work approved of
and accepted by the then superintendent
of Public Works g. H. SmIth). The bill
for the work was approved of by the Su-
perlntendent, and also audited by the Aud
ltOr-General, who also endorsed on the bill
that there was no appropriation from
was presented to the present Ministry with
the request that they cause sum to be
inserted IN the Appropriation bill now be-
fore this House which was refused. Hence
the petition to this House.
In relation to the work done for. and on
account of the electric light works in the
Palace yard they find that the plant was
the private property of His Majesty and is
now used for lighting the Palace and Pal
ace grounds, and that all the work was
done under the superintendence of the
Government and BY the direction of the
then Minister Of the Interior, L. Aholo. The
principal part of the work was fOunda-
ton for the engine, and all materials. ex-
cept cement, were furnished by Bowler,
the cement being furnished by the Govern
ment. The bill for the cement, this Com
mittee is informed, has been paid by the
present Government. The work was I'm
ished and accepted in the latter part OF
May. 1887. This work Was done under a
verbal contract and was not awarded upon
any tender. Payment of this claim
amounting to the sum of $I762, has been
demanded of the present Ministry, and
refused.
This Committee is informed that the 1e-
fusal of both these claims is based upon
legal grounds.
Upon consideration of these petitions
your Committee report that grave and inn
portant legal questions arose as to the
liability of the Government to pay for the
work done, and this Committee consider
ing that it was beyond their power and not
one of the powers of the Legislature to re-
solve itself into court of law and decide
the matters III dispute, have come to the
conclusion that the petitioner should seek
his remedy in the Courts OF the Kingdom.
In relation to the petition of z. More &
Co., your Committee find that the work
done on the Pal &c gates was ordered by
the Superintendent of Public Works,
whose order WIS subsequently confirmed
by the Minister of the Interior; of this fact
there is no documentary evidence. The
work and materials were furnished during
the last week in June and the first weeI of
July, 1887, and whether they were neces-
Sary or not is question which jury alone
should decide.
The questions of law and fact involved
in this claim are properly triable before
the Courts of this Kingdom and we think
the petitioner should seek his remedy
there.
Your Committee therefore recommend
that the three petitions referred to be laid
upon the table, and your Committee fur
Their recommend that item be inserted
in the Appropriation bill to read as fol-
lows: For the payment of any judgments
that may be recovered against the Hawaii
ials furnished to the Government, $4,000.
Honolulu, July 81, 1888.
CECIL BROWN,
w. .. SMITH,
w. A. KINNEY,
D. H. HITCHCOCK,
JOHN RICHARDSON.
Rep. Kinney moved the report be
Noble Widemann moved II ha acca,+a1