The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-06-26

statements made. Or opinions expressed by our
correspondents.
Ms. EprroR The Bill 10 Provide for
the Bringing OF Suits by or against the
Hawaiian Government, involves ques-
tious which ought TO be fully under
stood and discussed. The first section
authorizes the Acknowledgement TO bring
suits in the name Of the Government,
unless in cases otherwise provided Tor
by law, whenever II shall be necessary
or desirable for the Hawaiian Govern
meut IN order TO collect or recover any
money or penalty, or TO recover or 10
obtain the possession OF Sny specific
property real or personal, or 10 enforce
any other right, except with respect 70
criminal prosecutions. Ii this simply
means that whatever rights Of contract or
tor torrs OF bv statute the Government
NAV have, such as right 10 collect or en-
f1r,s paynsent Of taxes or duties, or penSl-
ties for violation Of statutes, or 70 obtain
DEGREES Of forfeiture Of goods Tor non-pay-
ment Of taxes or duties, or rights 10 pos
session Of real or personal property
owned by the Government, may be en-
forced BY the Acknowledgement by suits
in the name OF the Hawaiian Govern
uent. there may Dc no objection to II.
Perhaps nothing else can be intended,
but the expression. whenever Il shall
De Necessary OF desirable to collect or
ny
well De confined 70 rights under con
tract, tort Or stsSute.
rhe second section provides that,
whenever any citizen OF this Kingdom
or other person shall have s claim or
claims against the Hawaiian Govern
ment. which said Government shall
refuse OF neglect 20 satisfy or adjust,
such person may bring suit thereon
Szainst the Government ''foE the pur-
pose Of Sdjudicstiug such claim, upon
section g one OF the Justices OF the Su-
prsne Court endorsing on the complaint
that the claim which il sets forth rs
fair subject fos Judicial investigation.
The general impression Is, that this Is
4 Jus. and wise bin, and that the Gov
eminent ought 70 b. held 10 It's liabill-
ties IS much IS Is s private individual
think this impression i due 10 mlS&p-
prehensiou Of the functions and methods
Of government, Snd that such bill II Il
becomes law viii be found 70 be either
Unconstitutional, CT else haught with
danger 10 the body polite. There Is no
provision IN the bill for enforcing pay
uent Of any judgment, and 70 allow ex-
scutious OF judgments against the Gov
-. = 4
prupertE would be unprecedented aud
preposcerouS. By the Constitution no
money cSu be drawn from the public
treasury except upon Legislative 2ppro-
pristiOuS OF. IN cases OF public disaster,
by authority Of the Cabinet Snd Privy
Council. The judgment obtained On
the claims would therefors be useless,
Tor il would nave 70 20 bef0ce the Legs
lSrurs, which may consider the claim
lust IS # il had not been '4dIudicated."
In the United States and IN England no
suit can De bro1ghl Sg@inst the Govern
uent without us consent The l. =
statutes zuthOrize certain classes Of
claims 10 be submitted 10 Court OF
Claims. such - clziDs for land taken
for public improvements N the city OF
VAShiuztcn Stat 1S22) claims for
mOuey received from Mexico under the
IrsAty Of Guadalupe HIdAlgo stat
IS49] cI5ims under grants from foreign
Governments to land since ceded 10 the
United States, snd certain other speci-
led Glasses OF claims Statutes have
also been enacted giving effect 10 IGdg-
nznts On such Claims II i, however,
: general prine-pI that : Government
- i F-ahTa - con ~
IL offers not authorized BY statute, and
II no case for the EruRg-dOIRgs u IFS
Officers To hold otherwise would place
the Government ~ the mercy Of dis
honest, ignOclnt OF unTlse officials
In England : petition Of right : pre-
sented 70 enforce any private rights
against the sovereign, which requires
the consent Of the sovereign, shown by
the endorsement, :. Let right be done, =
endorsed ~ the Secretary Of State Tor
the Houre Department This was an
ancient right, which, after centuries
Of dIsase, has within the l4st hall cent
~ been revived. 1t i always under
stood that such petitIous viii not be
cspriei0usly refused
The Hawaiian statute formerly re-
gzrre,i such suits 70 receive the coussaE
of the Priyy Council bat under the ex-
IstlnZ Constitution thEt body caHROt
consider such matters, and It only re-
mains 10 amend the statute, 20 a. 10
authorize some otner Oilci4l (aHd l
should say that he ought not to be 4
judicial officer, To give such consent
Bot 10 enact L nv which authorizes any
claim 70 De sued against the GOyzTu-
msnt Ehieh seems % be = f4ir subject
for judicial nvesJii.ZizEionr either means
to much u nothing At all
ALEEED = HAETwELL-