The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1888-09-06
THE LEGISLATIVE ASSEMBLY.
Eighty-third Day.

WEDNESDAY, Sept. 5.
The House met at 10 o'clock, the Presi-
dent, Hon w. r. Castle, in the chair,
Minutes read and confirmed.
REPORTS OF COMMITTEES.
Rep. F. Brown announced the report of
the select committee on the $4,000, Loan
Account, printed.
APPROPRIATION BILL.
Consideration of the Appropriation bill,
in Committee of the Whole, Rep. C. Brown
in the chair.
Pay of Tax Assessors, 1888, SIS, 800
Pay of Tax Collectors, 1888, $17,5OO.
Pay, Tax Assessor, Oahu, 1889, So 800.
Pay, Tax Assessor, Maui, 1889, So 900.
Pay, Tax Assessor, Hawaii, 1889, So, 500.
Paw, Tax Assessor, Kauai, 1889, 81 800.
Deputy Assessors and Collectors, 1899,
$19, 900.
Pay of Tax Appeal Board, 81 500.
Interest on money to be borrowed say
$228, 900, $4,000.
Assistants in bonded warehouse, So, 200.
Passed.
Noble Castle moved to insert an item,
return of money paid by Wong Kim, for
opium burned in the old station house,
500.
The facts are, Wong Kim purchased
lot of confisCated opium at a Marshals
sale previous to the great fire OF 1886 for
500 and paid cash for 1t. The opium, by
arrangement with the Custom House au-
thOrities, was retained in the old station
house, until it could be exported by the
buyer. Meanwhile the fire destroyed the
station house with the opium. An action
was brought against the Marshal for re-
cOvery of the 500. Judge Preston, in dis
missing the suit against the Marshal, said
the Hawaiian Government was liable, and
the Government would doubtless consider
1T.
Noble Smith said he was sorry to be COM
PEELED to vote against this item, which he
would have to do on principle, and he
would also be very sorry If any injustice
should be done. 1t is a question of law
and not of fact. The question is rather
complicated as to whether the Government
iS.liable or not The item should be
ferred to a committee for investigation,
course that cannot very we'll be taken at
this late period of the session. To insert
the item now as proposed would establish
a dangerous precedent.
Minister Ashford said that the opinion
given by Mr.. Justice Preston, cited by
Noble Castle, was not a decision on the
liability of the Government, that question
not being before the court. The Govern
ment are not insurers, bailees or guaran-
tors. He doubted if any action could be
maintained against the Government on
this claim.
The matter was referred to the Finance
Committee.
Noble Smith moved to insert an item to
provide for legal proceedings in London
for the recovery of the 900 (under con-
sideration and reported on by special COM
mittees at this session and that of 1887.
Carried.
Refund of taxes paid twice, reported on
at sundry times by committee on petitions
relating to that matter, SIP So. Passed.
Encouragement of Immigration, $50 900.
Passed.
Minister Thurston moved to insert an
item, advertising Hawaii abroad by means
of periodicals descriptive of the country
sc, 900. This motion is similar to that
made by the Minister ulY 13, referred to
special committee July 16 and reported on
adversely July 81, except that the former
motion was for $4,000.
Rep. Nakaleka moved this item be lndeh-
nitely postponed. Carried.
Encouragement of ramie culture, S. 500;
encouragement of coffee culture, 81 200;
encouragement, export, production and
sale of taro flour, So 900, passed.
Rep. PaehaOle moved to insert, artesian
we'll at Kamalo. Molokai, 81, 900. Lost.
At Pill p. M, Committee rose; the
chairman reported progress, and that
nothing further remained to be cOnsld-
cept the item of 500 moved to be returned
to the heirs of Wong Kim.
Noble Smith moved the bill pass to en-
grossment.
Minister Thurston said there were some
further amendments rendered necessary
by the action taken or several matters
under consideration since the bill had been
on second reading.
Recess at 1915 p. m, one hour.